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041321 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 APRIL 13, 2021 - 7:00 PM IMPORTANT NOTICE REGARDING THIS MEETING This meeting is being conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29-20, dated March 17, 2020, regarding the COVID-19 pandemic. In accordance with the order, the public may not view the meeting in -person in the Council Chamber. The live stream of the meeting may be viewed on television and/or online. Details can be found at temeculaca.gov/tv. Submission of Public Comments: For those wishing to make public comments at the meeting, please submit your comments by email to be read aloud into the record at the meeting by the City Clerk. Email comments must be submitted to randi.johl@temeculaca.gov. Email comments on matters not on the agenda must be received prior to the time the item for Public Comments is called. Email comments on agenda items must be received prior to the time Public Comments for the agenda item is called. Email comments on public hearing items must be received prior to the time the public hearing is opened to hear public comments. All email comments shall be subject to the same rules as would otherwise govern public comments at an in -person meeting. Public Comments for this meeting may only be submitted via email. Comments via text and social media will not be accepted. Reading of Public Comments: The City Clerk shall read all email comments, provided that the reading shall not exceed three (3) minutes, or such other time as the Council may provide, consistent with the time limit for speakers at an in -person Council meeting. The email comments shall become part of the meeting record. CLOSED SESSION - 6:30 P.M. CONFERENCE WITH LEGAL COUNSEL — POTENTIAL LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(4) with respect to one matter of potential litigation. A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City. Based on existing facts and circumstances, the City Council will decide whether to initiate litigation. Page 1 City Council Agenda April 13, 2021 CALL TO ORDER: Mayor Maryann Edwards INVOCATION: Associate Pastor Wesley Sabio of Reliance Church FLAG SALUTE: Mayor Maryann Edwards ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart PRESENTATIONS/PROCLAMATIONS Presentation of Proclamation for DMV/Donate Life Month BOARD AND COMMISSION REPORTS Community Services Commission, Public/Traffic Safety Commission, and Race, Equity, Diversity and Inclusion Commission PUBLIC SAFETY REPORT California Department of Forestry and Fire Protection (CAL FIRE) 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. For all Public Hearing or Business items on the agenda, each speaker is limited to five minutes. For this meeting, public comments may be submitted and read into the record pursuant to the important notice provided at the top of this agenda. 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 March 23, 2021 Page 2 City Council Agenda April 13, 2021 3. Recommendation: That the City Council approve the action minutes of March 23, 2021. Attachments: Action 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 4. Approve City Treasurer's Report as of February 28, 2021 Recommendation Attachments: That the City Council approve and file the City Treasurer's Report as of February 28, 2021. Agenda Report Treasurer's Report 5. Adopt Resolution Reaffirming and Proclaiming the Existence of a Local Emergency Related to the COVID-19 Virus Pandemic Recommendation Attachments: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REAFFIRMING AND PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY RELATING TO THE COVID-19 VIRUS PANDEMIC AND ISSUING CERTAIN ORDERS FOR THE CONDUCT OF CITY AFFAIRS DURING THE LOCAL EMERGENCY Agenda Report Resolution 6. Annrove Renaminiz Rorinauszh Ranch Communitv Shorts Park to the Sports Ranch at Sommers Bend At the Request of Council Member Zak Schwank) Recommendation: That the City Council approve the renaming of Roripaugh Ranch Community Sports Park to the Sports Ranch at Sommers Bend. Page 3 City Council Agenda April 13, 2021 Attachments: Agenda Report 7. Approve an Agreement for Consultant Services with Bureau Veritas Technical Assessments LLC, for Facility Condition Assessment Recommendation: That the City Council approve an agreement for consultant services with Bureau Veritas Technical Assessments LLC, in the amount of $93,026.00, to provide a Facility Condition Assessment at various locations on City property. Attachments: Agenda Report Agreement 8. Approve Purchase and Sale Agreement for the Purchase of 840 Square Foot Permanent Easement on 27511 Commerce Center Drive, Temecula (APN 921-480-032) in Connection with Overland Drive Extension Project PW 16-06) Recommendation: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN PURCHASE AND SALE AGREEMENT, SETTLEMENT AGREEMENT, GENERAL RELEASE, AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND MARK MCMILLIN, LLC IN CONNECTION WITH THE OVERLAND DRIVE EXTENSION PROJECT, PW 16-06 2. Authorize the City Manager to approve and execute all necessary documents, including those in substantially the form attached to the agenda report, and take all necessary actions to effectuate the purchase of the approximate 840 square foot Permanent Easement on the real property located at 27511 Commerce Center Drive, Temecula (Assessor's Parcel Number 921-480-032). Attachments: Agenda Report Resolution Purchase and Sale Agreement and General Release Project Description Property Location Map 9. Approve the Plans and Specifications, and Authorize the Solicitation of Construction Bids for the Ronald Reagan Sports Park Restroom Expansion and Renovation Project, PW 18-03 Recommendation: That the City Council: Page 4 City Council Agenda April 13, 2021 10. 11. 1. Approve the Plans and Specifications for the Ronald Reagan Sports Park Restroom Expansion and Renovation Project, PW 18-03; and 2. Authorize the Department of Public Works to solicit construction bids; and 3. Make a finding that this project is exempt from the California Environmental Quality Act (CEQA) per Article 19, Categorical Exemption, Section 15302, Replacement or Reconstruction, of the CEQA Guidelines. Attachments: Agenda Report Project Description Project Location Map Approve Parcel Man 37615 (Located on the West Side of Cantrell Road North of Calle Chapos) Recommendation: That the City Council approve Parcel Map 37615, located on the west side of Cantrell Road north of Calle Chapos, for subdivision purposes. Attachments: Agenda Report Vicinity Parcel Map 37615 Accent Improvements and File the Notice of Completion for the Mini Pump Track at Ronald Reagan Sports Park, PW20-09 Recommendation: That the City Council: 1. Accept the improvements for the Mini Pump Track at Ronald Reagan Sports Park, PW20-09, as complete; and 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond not less than 10% of the final contract amount; and 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. Attachments: Agenda Report Notice of Completion Maintenance Bond Contractor's Affidavit and Final Release Page 5 City Council Agenda April 13, 2021 RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND/OR THE TEMECULA PUBLIC FINANCING AUTHORITY Page 6 City Council Agenda April 13, 2021 TEMECULA COMMUNITY SERVICES DISTRICT MEETING CALL TO ORDER: President Zak Schwank ROLL CALL: Alexander, Edwards, 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. For all Public Hearing or Business items on the agenda, each speaker is limited to five minutes. For this meeting, public comments may be submitted and read into the record pursuant to the important notice provided at the top of this agenda. 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. 12. Approve Action Minutes of March 23, 2021 Recommendation Attachments: That the Board of Directors approve the action minutes of March 23, 2021. Action Minutes 13. Approve an Amendment to the Agreement Between Temecula Community Services District and Social Work Action Group (At the Request of the Human Services Subcommittee Maw Edwards and Council Member Alexander) Recommendation: That the Board of Directors approve the first amendment to the agreement between Temecula Community Services District and Social Work Action Group. Attachments: Agenda Report First Amendment 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, April 27, 2021, 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 April 13, 2021 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY - NO MEETING TEMECULA HOUSING AUTHORITY - NO MEETING TEMECULA PUBLIC FINANCING AUTHORITY CALL TO ORDER: Chair Maryann Edwards ROLL CALL: Alexander, Edwards, 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. For all Public Hearing or Business items on the agenda, each speaker is limited to five minutes. For this meeting, public comments may be submitted and read into the record pursuant to the important notice provided at the top of this agenda. TPFA PUBLIC HEARING 14. Formation of Temecula Public Financing Authority Community Facilities District No. 20-01 (Heirloom Farms)Generally Located West of Date Street Between Ynez Road and Temecula Center Drive Recommendation: That the Board of Directors: 1. Hold a public hearing regarding the formation of the proposed Temecula Public Financing Authority Community Facilities District No. 20-01 (Heirloom Farms) (the "CFD"), the levy of special taxes in the CFD, and the issuance of bonds by the Temecula Public Financing Authority (the "Authority") for the CFD, and adopt resolutions entitled: RESOLUTION NO. TPFA A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF FORMATION OF TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 20-01 (HEIRLOOM FARMS), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, AND PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT RESOLUTION NO. TPFA A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS OF THE Page 8 City Council Agenda April 13, 2021 TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO.20-01 (HEIRLOOM FARMS) RESOLUTION NO. TPFA A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY CALLING SPECIAL ELECTION WITHIN COMMUNITY FACILITIES DISTRICT NO. 20-01 (HEIRLOOM FARMS) 2. That the Board of Directors hold an election regarding the CFD, and adopt the resolution entitled: RESOLUTION NO. TPFA A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN - COMMUNITY FACILITIES DISTRICT NO. 20-01 (HEIRLOOM FARMS) 3. That the Board of Directors have the first reading of the ordinance entitled: ORDINANCE NO. TPFA AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY LEVYING SPECIAL TAXES WITHIN TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 20-01 (HEIRLOOM FARMS) Attachments: Agenda Report Resolution - Formation Resolution - Determining NecessitX Resolution - Calling Election Resolution - Declaring Results CFD Report Ordinance Notice of Special Tax Lien TPFA EXECUTIVE DIRECTOR REPORT TPFA BOARD OF DIRECTOR REPORTS Page 9 City Council Agenda April 13, 2021 TPFA ADJOURNMENT The next regular meeting of the Temecula Public Financing Authority will be held on Tuesday, April 27, 2021, 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 10 City Council Agenda April 13, 2021 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before or during a public hearing in support of or in opposition to the approval of the project(s) in the manner prescribed in the important notice at the top of this agenda. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised in written correspondence delivered to the City Clerk prior to, the public hearing. 15. Approve Proposed Ordinance to Update the Local Development Mitigation Fee for Fundingthe Preservation of Natural Ecosystems in Accordance with the Western Riverside County Mulfiple Species Habitat Conservation Plan ("MSHCP") and Local Development Mitigation Fee Resolution (Long Range Project No. LR21-0392) 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 CHAPTER 15.10, MULTIPLE SPECIES HABITAT CONSERVATION MITIGATION FEE, OF THE TEMECULA MUNICIPAL CODE PERTAINING TO THE LOCAL DEVELOPMENT MITIGATION FEE FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN 2. Adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN LOCAL DEVELOPMENT MITIGATION FEE PURSUANT TO CHAPTER 15.10 OF THE TEMECULA MUNICIPAL CODE Page 11 City Council Agenda April 13, 2021 Attachments: BUSINESS Agenda Report Ordinance Resolution MSHCP Final Report Nexus Fee Study pdate MSHCP Mitigation Fee Implementation Manual RCA's MSHCP LDMF FAQs RCA's MSHCP Nexus Study Background Factsheet Notice of Public Hearing 16. Adopt Resolution Formalizing Previous Direction Regarding the Conduct of In -Person Public Meetings and Provide Additional Direction As Needed Recommendation: Attachments: That the City Council adopt the following resolution formalizing its direction regarding the conduct of in -person public meetings and provide additional direction as needed: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SETTING FORTH THE PROTOCOL FOR THE CONDUCT OF IN PERSON PUBLIC MEETINGS DURING THE EXISTENCE OF A STATE DECLARED EMERGENCY FOR THE COVID-19 PANDEMIC Agenda Report Resolution DEPARTMENTAL REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT The next regular meeting of the City Council will be held on Tuesday, April 27, 2021, 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 12 City Council Agenda April 13, 2021 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 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. If you have questions regarding any item on the agenda, please contact the City Clerk's Department at (951) 694 6444. Page 13 Item No. 1 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: April 13, 2021 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 MARCH 23, 2021 - 7:00 PM IMPORTANT NOTICE REGARDING THIS MEETING This meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29-20, dated March 17, 2020, regarding the COVID-19 pandemic. In accordance with the order, the public may not view the meeting in -person in the Council Chamber. The live stream of the meeting may be viewed on television and/or online. Details can be found at temeculaca.gov/tv. Submission of Public Comments: For those wishing to make public comments at the meeting, please submit your comments by email to be read aloud into the record at the meeting by the City Clerk. Email comments must be submitted to randi.johl@temeculaca.gov. Email comments on matters not on the agenda must be received prior to the time the item for Public Comments is called. Email comments on agenda items must be received prior to the time Public Comments for the agenda item is called. Email comments on public hearing items must be received prior to the time the public hearing is opened to hear public comments. All email comments shall be subject to the same rules as would otherwise govern public comments at an in -person meeting. Public Comments for this meeting may only be submitted via email. Comments via text and social media will not be accepted. Reading of Public Comments: The City Clerk shall read all email comments, provided that the reading shall not exceed three (3) minutes, or such other time as the Council may provide, consistent with the time limit for speakers at an in -person Council meeting. The email comments shall become part of the meeting record. CALL TO ORDER at 7:01 PM: Mayor Maryann Edwards INVOCATION: Aaron Adams, City Manager FLAG SALUTE: Mayor Maryann Edwards ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart PRESENTATIONS/PROCLAMATIONS Presentation of Healthcare Worker Appreciation Day Proclamation to Darlene Wetton of Temecula Valley Hospital Presentation by Daniel Soltero of Western Riverside Council of Governments Regarding Southern California Edison Rebates BOARD AND COMMISSION REPORTS Old Town Local Review Board, Planning Commission, and Race, Equity, Diversity and Inclusion Commission PUBLIC SAFETY REPORT Riverside County Sheriffs Department ANNUAL JOINT MEETING - CITY COUNCIL / PUBLIC TRAFFIC SAFETY COMMISSION Conducted the annual joint meeting between the City Council and the Public/Traffic Safety Commission and receive presentation regarding the same. PUBLIC COMMENTS The following individual(s) submitted an electronic comment on non-agendized item(s): • Rick Reiss • PJ in Temecula • Skylar Temple • Tammy Marine • Bob Kowell The following individual(s) submitted an electronic comment on an agendized item(s): • Gary Oddi (Item 7) 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 Schwank, Second by Alexander. 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 March 9, 2021 Recommendation: That the City Council approve the action minutes of March 9, 2021. 3. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2021-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 2 4. Approve City Treasurer's Report as of January 31, 2021 Recommendation: That the City Council approve and file the City Treasurer's Report as of January 31, 2021. 5. Extend Terms of Board and Commission Members to Align with Calendar Year Service Recommendation: That the City Council extend the terms of six board and commission members whose terms are currently on a fiscal year to align with calendar year service. 6. Approve Fourth Amendment to Lease Agreement Between City of Temecula and Temecula Valley Convention & Visitors Bureau DBA Visit Temecula Valley Recommendation: That the City Council approve the fourth amendment to the lease agreement between the City of Temecula and the Temecula Valley Convention & Visitors Bureau DBA Visit Temecula Valley (VTV) and authorize the Assistant City Manager to execute the amendment. City Attorney Peter Thorson stated that City Manager Aaron Adams will not participate in Item 6, the lease amendment for the Temecula Valley Convention and Visitors Bureau dba Visit Temecula Valley Lease of office space at City Hall. His wife is the Executive Director of Visit Temecula Valley. Aaron has not participated in any of the staff discussions or work related to VTV or this lease. He does not need to sign out of the meeting unless a Council Member requests to have this item discussed. 7. Approve the First Amendment to the Disposition and Development Agreement with Alitra, LLC for the Disposition of Property Located on the NE Corner of Rancho California Road and Diaz Road APN: 951-021-089) and a Portion of Diaz Road Recommendation: That the City Council approve the first Amendment to the Disposition and Development Agreement (DDA) with Alitra, LLC for the disposition and hotel development of the property located on the NE corner of Rancho California Road and Diaz Road (APN: 951-021-089) and a portion of Diaz Road (Old Alignment). 8. Approve the Plans and Specifications and Authorize Solicitation of Construction Bids for the Pedestrian Signal Equipment Upgrade - Citywide Project, PW19-10 Recommendation: That the City Council: 1. Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Pedestrian Signal Equipment Upgrade - Citywide Project, PW19-10; and 2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. 9. Approve as to Form the Amended and Restated Agreement with Western Riverside Council of Governments (WRCOG) to Reimburse TUMF Funds for the French Valley Parkway/I-15 Overcrossing and Interchange Project, Agreement No. 06-SW-TEM-1079 Recommendation: That the City Council approve as to form the Amended and Restated Agreement with Western Riverside Council of Governments (WRCOG) to Reimburse TUMF Funds for the French Valley Parkway/I-15 Overcrossing and Interchange Project, Agreement No. 06-SW-TEM-1079, and authorize the City Manager to execute the agreement. 10. Award the Construction Contract to Leonida Builders, Inc. for the Santa Gertrudis Pedestrian/Bicycle Trail Extension and Interconnect Project, PW08-04 Recommendation: That the City Council: 1. Award the construction contract to Leonida Builders, Inc. in the amount of $3,978,626.25, for the Santa Gertrudis Pedestrian/Bicycle Trail Extension and Interconnect Project, PW08-04; and 2. Authorize the City Manager to approve change orders up to 10% of the agreement amount, $397,862.63; and 3. Authorize payment of $18,938.94 to the Regional Conservation Authority (RCA) for the project Multiple Species Habitat Conservation Plan (MSHCP) fee. RECESS: At 8:58 PM, the City Council recessed and convened as the Temecula Community Services District Meeting and the Successor Agency to the Temecula Redevelopment Agency. At 9:02 PM, the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL BUSINESS 13. Receive and File One -Year Short -Term Rental Enforcement Update and Provide Direction on Continued Enforcement Recommendation: That the City Council receive and file an update on the one-year short-term rental enforcement program and to provide direction on continued enforcement. City Attorney Peter Thorson stated that City Manager Aaron Adams will not participate in Item 13, Short Term Rental Enforcement Report. His wife is the Executive Director of Temecula Valley Convention and Visitors Bureau dba Visit Temecula Valley. VTV has taken a position on short term rentals so Aaron will not participate in this item and he has not participated in any staff discussions or work related to short term rentals. Receive and file only. 14. Discuss In Person and Virtual Meeting Attendance Options at City Council Meetings_(At the Request of Council Member Alexander) Recommendation: That the City Council discuss in person and virtual meeting attendance options for the Council and public at City Council meetings and provide direction regarding the same. The City Council provided general discussion which will be formalized in a resolution at the next meeting. DEPARTMENTAL REPORTS — (Receive and File 15. Community Development Department Monthly Report 16. Fire Department Monthly Report 17. Police Department Monthly Report 18. Public Works Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT At 11:12 PM, the City Council meeting was formally adjourned to Tuesday, April 13, 2021, at 5:30 PM for Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Maryann Edwards, 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: April 13, 2021 SUBJECT: Approve the List of Demands PREPARED BY: Jada Shafe, Accounting Technician II RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2021- 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.2021- 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 $8,594,363.88. 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 13th day of April, 2021. Maryann Edwards, 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. 2021- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of April, 2021, 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 03/11/2021 TOTAL CHECK RUN: 03/18/2021 TOTAL CHECK RUN: 03/25/2021 TOTAL CHECK RUN: 03/18/2021 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 4/13/2021 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: $ 2,584,398.80 4,400,029.46 1,118,580.98 491,354.64 $ 8,594,363.88 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 5,963,403.31 140 COMMUNITY DEV BLOCK GRANT 36,042.18 165 AFFORDABLE HOUSING 2,842.96 170 MEASURE A FUND 48,647.50 190 TEMECULA COMMUNITY SERVICES DISTRICT 207,841.32 192 TCSD SERVICE LEVEL B STREET LIGHTS 6,294.99 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 605.29 195 TCSD SERVICE LEVEL R STREET ROAD MAINTENANCE 2,984.00 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 13,051.25 197 TEMECULA LIBRARY FUND 29,456.97 210 CAPITAL IMPROVEMENT PROJ FUND 772,875.39 300 INSURANCE FUND 18,052.11 305 WORKER'S COMPENSATION 73,015.88 320 INFORMATION SYSTEMS 70,189.70 330 CENTRAL SERVICES 2,375.23 340 FACILITIES 90,834.37 395 2011 FINANCING LEASE CIVIC CENTER & CRC 520,062.95 396 2018 FINANCING LEASE MRC 138,951.95 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 68.74 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 68.87 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 68.87 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 80.34 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 68.87 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 91.80 478 CFD 16-01 RORIPAUGH PHASE II 68.85 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 2,563.91 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 2,031.49 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 2,176.30 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 382.20 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 2,156.87 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 1,251.02 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 880.34 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 6,276.16 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 169.67 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 522.66 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 116.18 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 3,851.85 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP 1,854.97 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 850.77 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 559.05 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 1,110.45 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 121.58 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 5,175.70 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 15,185.25 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 14,069.95 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 13,088.12 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 225.90 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 381.28 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 8,099.84 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 2,261.60 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 76.76 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 333.39 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 19,084.65 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 107.64 $ 8,103,009.24 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 305,999.74 140 COMMUNITY DEV BLOCK GRANT 475.89 165 AFFORDABLE HOUSING 3,295.15 190 TEMECULA COMMUNITY SERVICES DISTRICT 122,444.41 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 1,326.87 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 563.02 197 TEMECULA LIBRARY FUND 2,622.53 300 INSURANCE FUND 2,282.20 305 WORKERS' COMPENSATION 2,000.16 320 INFORMATION TECHNOLOGY 37,160.74 330 SUPPORT SERVICES 3,340.76 340 FACILITIES 6,714.50 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 102.77 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 102.67 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 102.67 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 129.45 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 102.67 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 156.24 478 CFD 16-01 RORIPAUGH PHASE II 102.68 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 0.08 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 0.60 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 0.60 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 0.60 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 0.60 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 0.60 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 0.08 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 286.16 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 0.08 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 0.60 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 0.08 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 143.06 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 14.32 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 0.08 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 0.08 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 14.32 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 0.08 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 85.86 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 120.16 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 286.16 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 543.76 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 0.08 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 0.87 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 228.97 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 28.62 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 0.08 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 0.60 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 572.26 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 0.08 TOTAL BY FUND: 491,354.64 $ 8,594,363.88 apChkLst Final Check List Page: 1 03/10/2021 9:19:43AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 204768 3/10/2021 000186 HANKS HARDWARE INC Description Amount Paid Check Total MISC MAINT SUPPLIES: CIVIC CTR 1,186.79 MISC MAINT SUPPLIES: STREETS: PW 690.80 HDWR SUPPLIES: GRAFFITI ABATEMEN- 130.35 MISC MAINT SUPPLIES: TRAFFIC DIV 70.44 2,078.38 Grand total for UNION BANK: 2,078.38 Page:1 apChkLst Final Check List Page: 2 03/10/2021 9:19:43AM CITY OF TEMECULA checks in this report. Grand Total All Checks: 2,078.38 Paget apChkLst Final Check List Page: 1 03/11/2021 11:21:27AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 10630 3/3/2021 010276 TIME WARNER CABLE 10631 3/4/2021 010276 TIME WARNER CABLE 10632 3/4/2021 018858 FRONTIER CALIFORNIA INC 10633 3/4/2021 018858 FRONTIER CALIFORNIA INC 10634 3/4/2021 010276 TIME WARNER CABLE 10635 3/4/2021 018858 FRONTIER CALIFORNIA INC 10636 3/4/2021 018858 FRONTIER CALIFORNIA INC 10637 3/5/2021 000537 SO CALIF EDISON 10638 3/5/2021 000537 SO CALIF EDISON 10639 3/5/2021 000537 SO CALIF EDISON 10640 3/5/2021 000537 SO CALIF EDISON 10641 3/5/2021 018858 FRONTIER CALIFORNIA INC 10642 3/5/2021 018858 FRONTIER CALIFORNIA INC 10643 3/5/2021 010276 TIME WARNER CABLE 10645 3/8/2021 000537 SO CALIF EDISON 10646 3/8/2021 000537 SO CALIF EDISON 10647 3/8/2021 000537 SO CALIF EDISON Description Amount Paid Check Total FEB INTERNET SVCS 29119 1,655.67 1,655.67 MARGARITA RD FEB INTERNET SVCS OTA32364 119.99 119.99 OVERLAND TRL FEB INTERNET SVCS- TCC 120.98 120.98 FEB INTERNET SVCS- MPSC 150.98 150.98 FEB INTERNET SVCS 40820 598.64 598.64 WINCHESTER RD FEB INTERNET SVCS CITY HALL 2,875.93 2,875.93 FEB INTERNET SVCS CITY HALL 5,606.43 5,606.43 FEB 2-35-164-3242 44270 MEADOWS 14.49 14.49 PKWY FEB 2-35-164-3515 32932 LEENA WAY 14.75 14.75 FEB 2-35-164-3663 42335 MEADOWS 14.75 14.75 PKWY FEB 2-35-164-3770 43487 16.37 16.37 BUTTERFIELD STG FEB INTERNET SVCS- FIRE STATION 171.84 171.84 73 FEB INTERNET SVCS- LIBRARY 190.98 190.98 FEB INTERNET SVCS 28300 598.64 598.64 MERCEDES ST FEB 2-35-421-1260 41955 4TH ST 12.77 12.77 FEB 2-29-807-1226 28077 DIAZ RD 13.29 13.29 FEB 2-29-657-2787 41638 WINCHESTER 14.22 14.22 RD Page:1 apChkLst Final Check List Page: 2 03/11/2021 11:21:27AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 10648 3/8/2021 000537 SO CALIF EDISON 10649 3/8/2021 000537 SO CALIF EDISON 10650 3/8/2021 000537 SO CALIF EDISON 10651 3/8/2021 000537 SO CALIF EDISON 10652 3/8/2021 000537 SO CALIF EDISON 10653 3/8/2021 000537 SO CALIF EDISON 10654 3/8/2021 000537 SO CALIF EDISON 10655 3/8/2021 000537 SO CALIF EDISON 10656 3/8/2021 000537 SO CALIF EDISON 10657 3/8/2021 000537 SO CALIF EDISON 10658 3/8/2021 000537 SO CALIF EDISON 10659 3/8/2021 000537 SO CALIF EDISON 10660 3/8/2021 010276 TIME WARNER CABLE 10661 3/8/2021 000537 SO CALIF EDISON 10662 3/8/2021 010276 TIME WARNER CABLE 10663 3/8/2021 000537 SO CALIF EDISON 10664 3/8/2021 000537 SO CALIF EDISON (Continued) Description Amount Paid Check Total FEB 2-31-419-2873 43000 HWY 395 14.22 14.22 FEB 2-34-333-3589 41702 MAIN ST 14.22 14.22 FEB 2-29-807-1093 28079 DIAZ RD 14.51 14.51 FEB 2-31-031-2616 27991 DIAZ RD 15.10 15.10 FEB 2-31-282-0665 27407 DIAZ RD 15.10 15.10 FEB 2-21-981-4720 30153 TEMECULA 20.69 20.69 PKWY FEB 2-14-204-1615 30027 FRONT ST 27.61 27.61 FEB 2-41-502-0478 28402 MERCEDES 30.15 30.15 ST FEB 2-41-072-5246 29429 TEMECULA 42.10 42.10 PKWY FEB 2-19-171-8568 28300 MERCEDES 75.42 75.42 ST FEB 2-28-904-7706 32329 OVERLAND 140.76 140.76 TRL FEB 2-31-536-3481 41902 MAIN ST 164.28 164.28 MAR INTERNET SVCS- STA 92 32211 194.34 194.34 WOLF FEB 2-35-664-9053 29119 MARGARITA 233.66 233.66 RD MAR INTERNET SVCS- 29119 341.18 341.18 MARGARITA RD FEB 2-18-937-3152 28314 MERCEDES 390.78 390.78 ST FEB 2-35-403-6337 41375 MCCABE CT 392.67 392.67 Paget apChkLst Final Check List Page: 3 03/11/2021 11:21:27AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 10665 3/8/2021 014486 VERIZON WIRELESS 1/11-2/10 TASK FORCE TABLETS POLICE 10666 3/8/2021 000537 SO CALIF EDISON FEB 2-41-048-2012 30498 TEMECULA PKWY 10667 3/8/2021 000537 SO CALIF EDISON FEB 2-02-502-8077 43210 BUS PARK DR 10668 3/8/2021 000537 SO CALIF EDISON FEB 2-02-351-4946 41845 6TH ST 10669 3/8/2021 010276 TIME WARNER CABLE MAR INTERNET SVCS 30755AULD RD 10670 3/8/2021 010276 TIME WARNER CABLE MAR INTERNET SVCS- 41973 6TH ST 10671 3/8/2021 000537 SO CALIF EDISON FEB 2-25-393-4681 41951 MORAGA RD 10672 3/8/2021 000537 SO CALIF EDISON FEB 2-30-520-4414 32781 TEMECULA PKWY 10673 3/8/2021 000537 SO CALIF EDISON FEB 2-31-536-3655 41904 MAIN ST 10674 3/8/2021 000537 SO CALIF EDISON 2-29-224-0173 OTA32364 OVERLAND TRL 10675 3/8/2021 000537 SO CALIF EDISON FEB 2-31-912-7494 28690 MERCEDES ST 10676 3/8/2021 000537 SO CALIF EDISON FEB 2-29-933-3831 43230 BUS PARK DR 10677 3/8/2021 000537 SO CALIF EDISON FEB 2-00-397-5042 43200 BUS PARK DR 10678 3/8/2021 010276 TIME WARNER CABLE MAR INTERNET SVCS- 41000 MAIN ST 10679 3/8/2021 000537 SO CALIF EDISON FEB 2-32-903-8293 41000 MAIN ST 10692 3/3/2021 018098 ELITE CLAIMS MANAGEMENT ADD'L SIR FOR WOKERS COMP INC INSURANCE 204769 3/11/2021 001517 AETNA BEHAVIORAL HEALTH APR EMPLOYEE ASSISTANCE PRGM: LLC. DBAAETNA RESOURCES HR Amount Paid Check Total 472.63 472.63 536.30 536.30 547.58 547.58 691.16 691.16 754.71 754.71 754.71 754.71 836.14 836.14 1,249.62 1,249.62 1,459.45 1,459.45 1,742.60 1,742.60 1,909.64 1,909.64 2,258.18 2,258.18 2,444.63 2,444.63 3,457.97 3,457.97 15,711.15 15,711.15 70,529.90 70,529.90 1,034.00 1,034.00 Page3 apChkLst Final Check List Page: 4 03/11/2021 11:21:27AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 204770 3/11/2021 003951 ALL AMERICAN ASPHALT ASPHALT SUPPLIES: PW STREET MAINT 204771 3/11/2021 022060 ALLEN, RICKY R. Theater Performance: FEB 22, 2021 204772 3/11/2021 021843 ALLISON CONTRERAS, FLEET VEHICLE REPAIR & MAINT: PW TRUCK & AUTO SHOP STREETS 204773 3/11/2021 007282 AMAZON CAPITAL SERVICES MISC. SUPPLIES: CRC INC MISC. SUPPLIES: CRC MISC OFC SUPPLIES- PREV - FIRE MISC OFC SUPPLIES: FINANCE MISC OFC SUPPLIES: BLDG & SAFETY 204774 3/11/2021 022373 BAKER, GARY REFUND: ROD RUN EVENT 204775 3/11/2021 022301 BARNETT, DON REFUND: ROD RUN EVENT 204776 3/11/2021 022310 BARNETT, DOUG REFUND: ROD RUN EVENT 204777 3/11/2021 020574 BATTERY SYSTEMS INC BATTERY SYSTEMS: PW TRAFFIC 204778 3/11/2021 022236 BEATTY, JIM REFUND: ROD RUN CANCELLED 204779 3/11/2021 022214 BELCHER, HERBERT REFUND: ROD RUN CANCELLED 204780 3/11/2021 022322 BROWN, ERNEST REFUND: ROD RUN EVENT REFUND: ROD RUN EVENT 204781 3/11/2021 022382 BROWN, GERALD REFUND: ROD RUN EVENT 204782 3/11/2021 022306 BYFORD-BROWN, GAIL REFUND: ROD RUN EVENT 204783 3/11/2021 020549 CALLYO 2009 CORP MOBILE PHONE TECHNOLOGY: POLICE 204784 3/11/2021 022380 CALVERT, GENE REFUND: ROD RUN EVENT 204785 3/11/2021 022330 CALVILLO, FELIX REFUND: ROD RUN EVENT Amount Paid Check Total 383.70 383.70 4,000.00 4,000.00 2,233.36 2,233.36 126.90 94.17 125.40 81.19 88.80 516.46 50.00 50.00 35.00 35.00 35.00 35.00 1,175.55 1,175.55 35.00 35.00 35.00 35.00 50.00 50.00 100.00 35.00 35.00 35.00 35.00 3,230.00 3,230.00 35.00 35.00 50.00 50.00 Page:4 apChkLst Final Check List Page: 5 03/11/2021 11:21:27AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 204786 3/11/2021 022319 CAPRINO, ERIC 204787 3/11/2021 019216 CARLSTROM, HOWARD 204788 3/11/2021 022230 CASSATT, JERRY 204789 3/11/2021 005417 CINTAS PROTECTION NO 2, CINTAS FIRE 636525 (Continued) Description REFUND: ROD RUN EVENT REFUND: ROD RUN EVENT REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED FIRE EXTINGUISHER INPPECTIONS: MRC FIRE EXTINGUISHER INSPECTIONS: STF FIRE EXTINGUISHER INSPECTIONS: MP. FIRE EXTINGUISHER INSPECTIONS: MAI FIRE EXTINGUISHER INSPECTIONS: HAI FIRE EXTINGUISHER INSPECTIONS: TE; FIRE EXTINGUISHER INSPECTIONS: CRi FIRE EXTINGUISHER INSPECTIONS: TPI. FIRE EXTINGUISHER INSPECTIONS: PAF FIRE EXTINGUISHER INSPECTIONS: TW 204790 3/11/2021 005417 CINTAS PROTECTION NO2, FIRST AID KIT MAINT: RISK MGMT CINTAS FIRE 636525 204791 3/11/2021 012627 CLEAR IMAGE ENTERPRISES WINDOW CLEANING: TVM INC, DBA:CLEAR IMAGE WINDOW CL 204792 3/11/2021 017429 COBRAADVANTAGE INC, DBA FEB FSA & COBRAADMIN: HR THE ADVANTAGE GROUP 204793 3/11/2021 022223 CONSULTATECH REFUND: ROD RUN CANCELLED 204794 3/11/2021 022324 COOK, EVAN REFUND: ROD RUN EVENT 204795 3/11/2021 022204 COPELAND, GREG REFUND: ROD RUN CANCELLED 204796 3/11/2021 011922 CORELOGIC INC, DBA JAN PROP ID SFTWR: CODE CORELOGIC SOLUTIONS ENFORCEMENT 204797 3/11/2021 017038 CPS HR CONSULTING RECLASSIFICATION STUDY: HR 204798 3/11/2021 022226 CUNY, JEFF REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED 204799 3/11/2021 022222 DANKER, JAN REFUND: ROD RUN CANCELLED Amount Paid Check Total 35.00 140.00 50.00 35.00 35.00 52.52 123.24 52.52 39.26 30.42 34.84 361.16 70.20 140.92 56.94 54.07 165.00 586.70 105.00 50.00 35.00 268.00 1,393.75 200.00 50.00 35.00 175.00 50.00 70.00 962.02 54.07 165.00 586.70 105.00 50.00 35.00 268.00 1,393.75 250.00 35.00 Page:5 apChkLst Final Check List Page: 6 03/11/2021 11:21:27AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 204800 3/11/2021 022241 DARMENTO, JOE 204801 3/11/2021 022383 DESSERT, GERALD 204802 3/11/2021 022073 DIXON, HANNAH M. 204803 3/11/2021 022374 DODDS, GARY 204804 3/11/2021 016556 DOMBAY, JOE 204805 3/11/2021 022205 DONADIO, GREG 204806 3/11/2021 022225 EAST, JAY 204807 3/11/2021 022202 EDMONDS, DEREK 204808 3/11/2021 022331 ELIZARREZ, FIDEL 204809 3/11/2021 000164 ESGIL LLC 204810 3/11/2021 022196 EVANS, CRAIG 204811 3/11/2021 015330 FAIR HOUSING COUNCIL, OF RIVERSIDE COUNTY INC 204812 3/11/2021 000165 FEDERAL EXPRESS INC 204813 3/11/2021 001511 FIELDMAN ROLAPPAND ASSOCIATES 204814 3/11/2021 022227 FIELDS, JEFF 204815 3/11/2021 022206 FLETCHER, GREG 204816 3/11/2021 022199 FRANK, DENNIS 204817 3/11/2021 022375 FRAZIER, GARY (Continued) Description Amount Paid Check Total REFUND: ROD RUN CANCELLED 50.00 REFUND: ROD RUN CANCELLED 50.00 100.00 REFUND: ROD RUN EVENT 50.00 50.00 Theater Performance: FEB 28, 2021 1,000.00 1,000.00 REFUND: ROD RUN EVENT 35.00 35.00 REFUND: ROD RUN CANCELLED 35.00 35.00 REFUND: ROD RUN CANCELLED 50.00 50.00 REFUND: ROD RUN CANCELLED 35.00 35.00 REFUND: ROD RUN CANCELLED 35.00 REFUND: ROD RUN CANCELLED 35.00 70.00 REFUND: ROD RUN EVENT 35.00 35.00 DEC PLAN CK SVCS: COMDEV DEPT 13,223.68 13,223.68 REFUND: ROD RUN CANCELLED 70.00 70.00 FEB CDBG SUB -RECIPIENT: FAIR 1,910.76 1,910.76 HOUSING SVC WEEKLY SVC CHARGE: SUPPORT 16.50 SVCS WEEKLY SVC CHARGE: SUPPORT SVCS 15.50 32.00 FINANCIAL ADVISORY SVCS: 3,991.72 3,991.72 FINANCIAL REFUND: ROD RUN CANCELLED 50.00 50.00 REFUND: ROD RUN CANCELLED 35.00 35.00 REFUND: ROD RUN CANCELLED 35.00 35.00 REFUND: ROD RUN EVENT 35.00 35.00 Page6 apChkLst Final Check List Page: 7 03/11/2021 11:21:27AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 204818 3/11/2021 022209 FREDENBURG, GREGORY REFUND: ROD RUN CANCELLED 204819 3/11/2021 022321 FUNFAR, ERIK REFUND: ROD RUN EVENT 204820 3/11/2021 022195 GAMET, GERRY REFUND: ROD RUN CANCELLED 204821 3/11/2021 022065 GARCIA, ELIZABETH F. Theater Performance: FEB 28, 2021 204822 3/11/2021 022242 GARNICA, JOE REFUND: ROD RUN CANCELLED 204823 3/11/2021 022207 GEIGER, GREG REFUND: ROD RUN CANCELLED 204824 3/11/2021 021365 GEORGE HILLS COMPANY INC JAN CLAIMS RECOVERY SRVCS: RISK MGMT 204825 3/11/2021 022312 GILBERT, DUANE REFUND: ROD RUN EVENT 204826 3/11/2021 022213 GRAHAM, HERB REFUND: ROD RUN CANCELLED 204827 3/11/2021 022308 HAMMERS, DONALD REFUND: ROD RUN EVENT 204828 3/11/2021 022231 HANKINS, JERRY REFUND: ROD RUN CANCELLED 204829 3/11/2021 022216 HYDROQUIP PUMP & REFUND: ROD RUN CANCELLED DEWATERING 204830 3/11/2021 000863 1 P M A (INT'L PUBLIC MGMT, ASSOC FOR HR) 204831 3/11/2021 022372 JOHNSON, GAIL 204832 3/11/2021 022302 JONES, DON Amount Paid Check Total 35.00 35.00 50.00 50.00 35.00 35.00 1,000.00 1,000.00 35.00 35.00 100.00 100.00 7,500.00 7,500.00 35.00 35.00 50.00 50.00 35.00 35.00 35.00 35.00 200.00 200.00 AGENCY MEMBERSHIP FEE: HR 835.00 835.00 REFUND: ROD RUN EVENT 35.00 35.00 REFUND: ROD RUN EVENT 35.00 35.00 Page:? apChkLst Final Check List Page: 8 03/11/2021 11:21:27AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 204833 3/11/2021 021896 JP HANDMADE CORP, DBA MINUTEMAN PRESS 204834 3/11/2021 022066 KAPPLE, NEIL 204835 3/11/2021 015358 KELLY PAPER COMPANY INC 204836 3/11/2021 001091 KEYSER MARSTON ASSOCIATES INC 204837 3/11/2021 022200 KING, DENNIS 204838 3/11/2021 022237 KIPP, JIM 204839 3/11/2021 022201 KITCHEL, DENNIS 204840 3/11/2021 022229 KITE, JEREMY 204841 3/11/2021 022300 KNIGHT, DOMINIC 204842 3/11/2021 022197 KOUTROULIS, GRACIE 204843 3/11/2021 022203 LAWYER, GREG 204844 3/11/2021 004905 LIEBERT, CASSIDYAND WHITMORE 204845 3/11/2021 003726 LIFE ASSIST INC 204846 3/11/2021 021600 LOGMEIN USA INC 204847 3/11/2021 016641 LOSI. GIL (Continued) Description BUSINESS CARDS - TCSD BUSINESS CARD PRINTING - FIRE DEPT Business Cards - Planning BUSINESS CARDS: LOWREY, B. BUSINESS CARDS: POLICE BUSINESS CARDS: POLICE Business Cards - Planning BUSINESS CARDS - TCSD Business Cards - Planning Theater Performance: FEB 28, 2021 misc paper supplies:central services - CONSULT SVC: RENDEZVOUS APTS FISCAL IMPACT ANALYSIS: SOLANA WIN FEB ON CALL CONSULTANT SVCS: PLAT REFUND: ROD RUN CANCELLED .aa]0410R o]07 7111111IN:141: Iw REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED REFUND: ROD RUN EVENT REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED JAN HR LEGAL SVCS FOR TE060-00001 EMERGENCY MEDICAL SUPP - MEDIC PASSWORD PROTECTION: INFO TECH REFUND: ROD RUN CANCELLED Amount Paid Check Total 435.54 163.13 145.18 145.18 132.31 66.15 56.11 475.65 56.11 1,000.00 494.27 2,576.88 6,496.25 885.00 35.00 70.00 150.00 35.00 35.00 50.00 105.00 3,231.00 1,713.30 10,000.00 35.00 1,675.36 1,000.00 494.27 9,958.13 35.00 70.00 150.00 35.00 35.00 50.00 105.00 3,231.00 1,713.30 10,000.00 35.00 Page:8 apChkLst Final Check List Page: 9 03/11/2021 11:21:27AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 204848 3/11/2021 022232 MACENAS, JERRY 204849 3/11/2021 022368 MAGDALENO, FRANK 204850 3/11/2021 003782 MAIN STREET SIGNS, DBA ATHACO INC 204851 3/11/2021 022233 MARKIN, JERRY 204852 3/11/2021 022371 MARRON, GABRIEL 204853 3/11/2021 022381 MARSHALL, GEORGE 204854 3/11/2021 022298 MCCOLLOM, DICK 204855 3/11/2021 022320 MCCOY, ERIC 204856 3/11/2021 018675 MDG ASSOCIATES INC 204857 3/11/2021 022238 MEDEIROS, JIM 204858 3/11/2021 022234 MENDEZ, JESS 204859 3/11/2021 018314 MICHAEL BAKER INTERNATIONAL 204860 3/11/2021 013443 MIDWEST TAPE LLC 204861 3/11/2021 022212 MIKLASKI, HENRY 204862 3/11/2021 022376 MOORE, GARY 204863 3/11/2021 022224 MUZYCHENKO, JASON 204864 3/11/2021 022304 MYERS, DON (Continued) Description REFUND: ROD RUN CANCELLED REFUND: ROD RUN EVENT CITY STREET SIGNAGE: PW STREET MAINT CITY STREET SIGNAGE: PW STREET MP CITY STREET SIGNAGE: PW STREET MP MISC SIGNAGE: TRAFFIC: PW REFUND: ROD RUN CANCELLED REFUND: ROD RUN EVENT REFUND: ROD RUN EVENT REFUND: ROD RUN EVENT REFUND: ROD RUN EVENT REFUND: ROD RUN EVENT JAN LABOR COMPLIANCE MONITOR SVC: ADA REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED JAN CNSLT SVCS: I-15/79 INTRCHG 17-19 BOOKS ON TAPE: LIBRARY REFUND: ROD RUN CANCELLED REFUND: ROD RUN EVENT REFUND: ROD RUN CANCELLED REFUND: ROD RUN EVENT Amount Paid Check Total 35.00 35.00 581.53 279.93 53.82 605.53 50.00 300.00 100.00 365.00 35.00 35.00 151.50 50.00 35.00 37,593.56 50.12 35.00 105.00 35.00 35.00 35.00 35.00 1,520.81 50.00 400.00 365.00 35.00 35.00 151.50 50.00 35.00 37,593.56 50.12 35.00 105.00 35.00 35.00 Page9 apChkLst Final Check List Page: 10 03/11/2021 11:21:27AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 204865 3/11/2021 022377 NELSON, GARY REFUND: ROD RUN EVENT 204866 3/11/2021 022366 NESS, FRANCES REFUND: ROD RUN EVENT 204867 3/11/2021 022220 NOLAN, JAMES REFUND: ROD RUN CANCELLED 204868 3/11/2021 019221 OAKDEN, EARL REFUND: ROD RUN EVENT 204869 3/11/2021 022210 OETTLE, GREGORY REFUND: ROD RUN CANCELLED 204870 3/11/2021 021998 OLD TOWN TIRE AND SERVICE CITY VEHICLE MAINT SVCS: POLICE INC 204871 3/11/2021 021998 OLD TOWN TIRE AND SERVICE CITY VEHICLE MAINT SVCS: PW INC STREETS CITY VEHICLE MAINT SVCS: PW PARKS CITY VEHICLE MAINT SVCS: PW STREEI CITY VEHICLE MAINT SVCS: PW PARKS CITY VEHICLE MAINT SVCS: PW FACS CITY VEHICLE MAINT SVCS: PW FACS CITY VEHICLE MAINT SVCS: PW PARKS CITY VEHICLE MAINT SVCS: PW STREEI CITY VEHICLE MAINT SVCS: PW PARKS 204872 3/11/2021 021998 OLD TOWN TIRE AND SERVICE CITY VEHICLE MAINT SVCS: PARK INC RANGERS CITY VEHICLE MAINT SVCS: PLNG CITY VEHICLE MAINT SVCS: PW PARKS CITY VEHICLE MAINT SVCS: PARK RANC 204873 3/11/2021 021998 OLD TOWN TIRE AND SERVICE CITY VEHICLE MAINT SVCS: FIRE INC CITY VEHICLE MAINT SVCS: FIRE 204874 3/11/2021 022369 PAONESSA, FRANK REFUND: ROD RUN EVENT 204875 3/11/2021 022361 PARRA, FIDEL REFUND: ROD RUN EVENT 204876 3/11/2021 022239 PATERSON, JIM REFUND: ROD RUN CANCELLED 204877 3/11/2021 022221 PENNY, JAMES REFUND: ROD RUN CANCELLED 204878 3/11/2021 001999 PITNEY BOWES INC 3/16-6/15 POSTAGE MTR RENTAL: STA 84 Amount Paid Check Total 35.00 35.00 35.00 35.00 50.00 50.00 35.00 35.00 35.00 35.00 1,595.41 1,595.41 178.97 716.65 504.55 53.89 640.63 42.63 326.39 379.32 269.27 3,112.30 41.98 422.63 20.00 689.27 1,173.88 490.06 42.28 532.34 35.00 35.00 175.00 175.00 50.00 50.00 35.00 35.00 77.48 77.48 Page:10 apChkLst Final Check List Page: 11 03/11/2021 11:21:27AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 204879 3/11/2021 005075 PRUDENTIAL OVERALL FEB UNIFORM SRVCS: PW PARK SUPPLY MAINT FEB UNIFORM SRVCS: PW STREET MAID 204880 3/11/2021 021602 PUBLIC RESTROOM COMPANY, DSGN, FABRICATION, INSTALL: RRSP THE RSTRM1 204881 3/11/2021 022217 PURSLEY, ISAIAH REFUND: ROD RUN CANCELLED 204882 3/11/2021 020127 QUINN COMPANY GENERATOR MAINT SRVCS: STA 84 204883 3/11/2021 022235 RAMIREZ, JESUS REFUND: ROD RUN CANCELLED 204884 3/11/2021 022240 RAWSON, JIM REFUND: ROD RUN CANCELLED 204885 3/11/2021 019205 RENTERIA, GEORGE REFUND: ROD RUN EVENT 204886 3/11/2021 016869 RIGHTWAY SITE SERVICES INC 2/19-3/18 RENTAL: COVID TESTING DBA, RIGHTWAY PORTABLE SITE/TCC TOILET 204887 3/11/2021 000267 RIVERSIDE CO FIRE FPARC-TM, 233818, 20-21, Q2 DEPARTMENT 204888 3/11/2021 022378 ROBERTS, GARY REFUND: ROD RUN EVENT 204889 3/11/2021 022218 ROBERTS, JACKSON REFUND: ROD RUN CANCELLED 204890 3/11/2021 022315 RODRIGUEZ, ED REFUND: ROD RUN EVENT 204891 3/11/2021 022198 ROMANCIA, GRANT REFUND: ROD RUN CANCELLED 204892 3/11/2021 013695 SHRED -IT US JV LLC, DBA: 1/25-2/3 DOC SHRED SRVCS: CITY SHRED -IT USA LLC FACS 204893 3/11/2021 022215 SMITH, HOWARD REFUND: ROD RUN CANCELLED 204894 3/11/2021 000537 SO CALIF EDISON FEB 2-01-202-7330 VARIOUS 204895 3/11/2021 014783 SOFTRESOURCES, LLC LOCATIONS FEB ASSET MGMT CONSULT SRVCS: INFO TECH Amount Paid Check Total 218.52 204.08 422.60 52,009.00 52,009.00 35.00 35.00 368.50 368.50 35.00 35.00 70.00 70.00 50.00 50.00 717.20 717.20 2,042,440.42 2,042,440.42 70.00 35.00 50.00 35.00 658.41 35.00 774.35 185.00 70.00 35.00 50.00 35.00 658.41 35.00 774.35 185.00 Page:11 apChkLst Final Check List Page: 12 03/11/2021 11:21:27AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 204896 3/11/2021 002503 SOUTH COAST AIR QUALITY, ANN'L OPERATING FEES: CIVIC MANAGEMENT DISTRICT CENTER FY20/21 FEE -LAST F-YR EMISSIONS: CIS 204897 3/11/2021 022370 STALEY, FRANK REFUND: ROD RUN EVENT 204898 3/11/2021 017814 STC TRAFFIC INC JAN STIR LGHT PLN REVIEW & INSPECTION: PW 204899 3/11/2021 015648 STEIN ANDREW, DBA PARKINK MISC SUPPLIES SISTER CITIES PRGM 204900 3/11/2021 022384 STEWART, GERALD REFUND: ROD RUN EVENT 204901 3/11/2021 022317 STUTLER, ED REFUND: ROD RUN EVENT 204902 3/11/2021 022228 TABOR, JEFFRY REFUND: ROD RUN CANCELLED 204903 3/11/2021 003677 TEMECULA MOTORSPORTS VEH REPAIR & MAINT: TEM POLICE LLC 204904 3/11/2021 020967 TESLA INC REFUND: PERMIT B20-0747 CANCELLED 204905 3/11/2021 011659 ULINE INC MISC EVENT SUPPLIES: CRC 204906 3/11/2021 022102 UNITED PARCEL SERVICES EXPRESS MAIL SRVCS: PLANNING INC 204907 3/11/2021 014848 VALUTEC CARD SOLUTIONS MAR TICKETING SRVCS: THEATER LLC 204908 3/11/2021 022211 VAN DE VRUGT, HANS REFUND: ROD RUN CANCELLED 204909 3/11/2021 022219 VANDENBERG, JACOB REFUND: ROD RUN CANCELLED 204910 3/11/2021 022208 VAUGHAN, GREG REFUND: ROD RUN CANCELLED 204911 3/11/2021 022385 VERHAGEN, GERRIT REFUND: ROD RUN EVENT 204912 3/11/2021 022329 VINCENT, EVERETT REFUND: ROD RUN EVENT Amount Paid Check Total 421.02 136.40 557.42 35.00 35.00 1,700.00 1,700.00 579.52 579.52 50.00 50.00 35.00 35.00 35.00 35.00 247.61 247.61 126.72 126.72 997.84 997.84 66.66 66.66 135.66 135.66 35.00 35.00 50.00 50.00 70.00 70.00 35.00 35.00 35.00 35.00 Page:12 apChkLst Final Check List Page: 13 03/11/2021 11:21:27AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 204913 3/11/2021 001890 VORTEX INDUSTRIES INC 204914 3/11/2021 022311 WELCH, DOUG 204915 3/11/2021 022379 YOCUM. GARY (Continued) Description BAY DOOR REPAIR: STA 84 BAY DOOR REPAIR: STA 92 REFUND: ROD RUN EVENT REFUND: ROD RUN EVENT Amount Paid Check Total 316.00 560.00 876.00 35.00 35.00 35.00 35.00 Grand total for UNION BANK: 2,347,557.02 Page:13 apChkLst Final Check List Page: 14 03/11/2021 11:21:27AM CITY OF TEMECULA 197 checks in this report. Grand Total All Checks: 2,347,557.02 Page:14 apChkLst Final Check List Page: 1 03/09/2021 1:40:48PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor 500253 3/11/2021 021670 ANLIND OF TEMECULA INC, TEMECULA HARLEY-DAVIDSON 500254 3/11/2021 018941 AZTEC LANDSCAPING INC Description VEHICLE MAINT & REPAIR: POLICE VEHICLE MAINT & REPAIR: POLICE VEHICLE MAINT & REPAIR: POLICE VEHICLE MAINT & REPAIR: POLICE VEHICLE MAINT & REPAIR: POLICE VEHICLE MAINT & REPAIR: POLICE VEHICLE MAINT & REPAIR: POLICE FEB MAINT SVCS: PARKS/SCHOOLS PW 500255 3/11/2021 021588 BRAUN PETER, DBA MAR PLANTSCAPE SVCS: CIVIC CTR TEMECULA PLANTSCAPE MAR PLANTSCAPE SVCS: TPL 500256 3/11/2021 003945 DIAMOND ENVIRONMENTAL PORTABLE RESTROOM: RED HAWK SRVCS PKWY PORTABLE RESTROOM: RED HAWK PKV 500257 3/11/2021 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: PARKS MAINT: PW FUEL FOR CITY VEHICLES: STREET MAI FUEL FOR CITY VEHICLES: TCSD FUEL FOR CITY VEHICLES: TRAFFIC DIV FUEL FOR CITY VEHICLES: BLDG INSPE FUEL FOR CITY VEHICLES: LAND DEV FUEL FOR CITY VEHICLES: FIRE DEPT FUEL FOR CITY VEHICLES: CIP: PW FUEL FOR CITY VEHICLES: CODE ENFOI FUEL FOR CITY VEHICLES: POLICE 500258 3/11/2021 020904 ECONOMIC ALTERNATIVES INC MAR CONDENSER WTR SYS PM: CIVIC CTR 500259 3/11/2021 001056 EXCEL LANDSCAPE INC LDSCP IMPROVEMENT: CROWN HILL LDSCP IMPROVEMENT: CAMPOS VERDE LDSCP IMPROVEMENT: WOLF CREEK LDSCP IMPROVEMENTS:IWTCM/THEATI LDSCP IMPROVEMENT: OLD TOWN LDSCP REPAIRS: SOLANA WAY IRRIGATION REPAIRS: OLD TOWN IRRIGATION REPAIRS: VILLAGES SLOPE IRRIGATION REPAIRS: REDHAWK MEDIA 500260 3/11/2021 021308 GILLIS + PANICHAPAN ARCHITECTURAL SVCS: FIRE STA 84 ARCHITECTS, INC PW19-14 500261 3/11/2021 000177 GLENNIES OFFICE PRODUCTS EMERGENCY SUPPLIES: COVID-19: INC TCSD MISC OFC SUPPLIES: INFO TECH Amount Paid Check Total 1,725.37 1,307.02 899.28 682.51 270.91 114.51 97.86 9,102.36 500.00 200.00 165.88 154.04 1,075.69 776.36 263.28 220.24 169.34 125.11 123.48 104.44 70.02 47.75 525.00 7,133.00 6,885.00 5,805.00 2,198.00 1,642.00 1,480.00 265.03 213.49 90.12 9,200.00 399.77 80.15 5,097.46 9,102.36 700.00 11.84 2,975.71 525.00 25,711.64 9,200.00 479.92 Page:1 apChkLst Final Check List Page: 2 03/09/2021 1:40:48PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description 500262 3/11/2021 020673 INTEGRITY SUPPORT Pre -Employment Screenings - HR SERVICES INC, EMPLOYMENT SCREENING RESO 500263 3/11/2021 001282 KNORR SYSTEMS INC POOL SUPPLIES: CRC 500264 3/11/2021 021370 MARK THOMAS AND COMPANY DSGN CONSULTANT SVCS: INC CHERRY/MURR CRK 500265 3/11/2021 013827 MIKO MOUNTAINLION INC REGRADE LIEFER RD: PW STREET MAINT 500266 3/11/2021 012264 MIRANDA, JULIO C TCSD INSTRUCTOR EARNINGS 500267 3/11/2021 004043 MISSION ELECTRIC SUPPLY ELECTRICAL SUPPLIES: PARKS INC 500268 3/11/2021 020555 NEXTECH SYSTEMS INC FLASHING BEACONS & SPEED ADVISORY SIGNS 500269 3/11/2021 014173 NPG INC DBA, GOLDSTAR MILL & OVERLAY ASPHALT: ASPHALT PRODUCTS MARGARITA RD 500270 3/11/2021 009337 NV5 INC JAN PROJ MGT SVCS:MRC, PW17-21 500271 3/11/2021 002412 RICHARDS WATSON AND JAN 2021 LEGAL SERVICES GERSHON JAN 2021 LEGAL SERVICES JAN 2021 LEGAL SERVICES JAN 2021 LEGAL SERVICES JAN 2021 LEGAL SERVICES JAN 2021 LEGAL SERVICES JAN 2021 LEGAL SERVICES JAN 2021 LEGAL SERVICES JAN 2021 LEGAL SERVICES JAN 2021 LEGAL SERVICES JAN 2021 LEGAL SERVICES JAN 2021 LEGAL SERVICES JAN 2021 LEGAL SERVICES JAN 2021 LEGAL SERVICES JAN 2021 LEGAL SERVICES JAN 2021 LEGAL SERVICES JAN 2021 LEGAL SERVICES JAN 2021 LEGAL SERVICES JAN 2021 LEGAL SERVICES JAN 2021 LEGAL SERVICES Amount Paid Check Total 58.17 58.17 4,100.44 4,100.44 5,101.50 5,101.50 2,984.00 2,984.00 638.40 638.40 21.20 21.20 7,892.64 7,892.64 108, 065.00 108, 065.00 6,517.50 6,517.50 370.50 247.50 110.00 85.50 22.00 12,006.30 11,920.67 5,492.00 1,966.50 1,894.00 1,425.00 1,225.50 1,155.00 1,101.93 858.00 827.73 712.50 655.50 624.00 385.00 43,085.13 Paget apChkLst Final Check List Page: 3 03/09/2021 1:40:48PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor 500272 3/11/2021 004274 SAFE AND SECURE LOCKSMITH SRVC 500273 3/11/2021 009746 SIGNS BY TOMORROW 500274 3/11/2021 009452 STRAWN, WILLIAM 500275 3/11/2021 007766 UNDERGROUND SERVICE ALERT, OF SOUTHERN CALIFORNIA (Continued) Description Amount Paid Check Total LOCKSMITH SRVCS: CIVIC CENTER 41.87 LOCKSMITH SRVCS: CIVIC CENTER 28.38 70.25 CITY OF TEMECULA FLAGS: CIVIC 1,579.05 1,579.05 CENTER REIMB:SUPPLIES FOR COMMUNITY 457.84 457.84 THEATER FEB UNDRGRND UTILITY LOCATOR 199.75 ALERTS: PW JAN DIG SAFE BIRD BILLABLE TCKTS: PV 94.30 FEB DIG SAFE BIRD BILLABLE TCKTS: PV 94.30 388.35 Grand total for EFT UNION BANK: 234,763.40 Page:3 apChkLst Final Check List Page: 4 03/09/2021 1:40:48PM CITY OF TEMECULA 23 checks in this report. Grand Total All Checks: 234,763.40 Page:4 apChkLst 03/18/2021 3:20:23PM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK Check # Date Vendor Description Amount Paid Check Total 10644 3/12/2021 000262 RANCHO CALIF WATER VARIOUS FEB WATER 3004755 41000 21,098.44 21,098.44 DISTRICT MAIN ST 10680 3/9/2021 000537 SO CALIF EDISON FEB 2-39-732-3171 41997 MARGARITA 14.33 14.33 RD 10681 3/9/2021 000537 SO CALIF EDISON FEB 2-29-953-8249 46497 WOLF CREEK 17.49 17.49 DR 10682 3/9/2021 000537 SO CALIF EDISON FEB 2-29-953-8082 31523 WOLF 18.63 18.63 VALLEY RD 10683 3/9/2021 000537 SO CALIF EDISON FEB 2-35-707-0010 33451 S HWY 79 30.11 30.11 10684 3/9/2021 000537 SO CALIF EDISON FEB 2-41-812-6629 42061 MAIN ST 35.67 35.67 10685 3/9/2021 000537 SO CALIF EDISON FEB 2-42-065-5359 27602 STANFORD 42.65 42.65 DR 10686 3/9/2021 001212 SO CALIF GAS COMPANY FEB 095-167-7907-2 STA 84 30650 372.88 372.88 PAUBA 10687 3/9/2021 000537 SO CALIF EDISON FEB 2-29-223-8607 42035 2ND ST 575.44 575.44 10688 3/9/2021 000537 SO CALIF EDISON FEB 2-29-295-3510 STA 92 32211 WOLF 922.48 922.48 10689 3/9/2021 001212 SO CALIF GAS COMPANY FEB 125-244-2108-3 30600 PAUBA RD 1,292.53 1,292.53 10690 3/9/2021 000537 SO CALIF EDISON FEB 2-31-536-3226 28690 MERCEDES 2,611.53 2,611.53 ST 10691 3/9/2021 014486 VERIZON WIRELESS 1/16-2/15 11,160.33 11,160.33 CELLULAR/BROADBAN D:CITYW I DE 10702 3/2/2021 014685 COMPASS BANK 2018 MRC DEBT SVC 138,951.95 138,951.95 10703 3/2/2021 014685 COMPASS BANK '11 REFUNDING 01/08 CERT PART 520,062.95 520,062.95 DEBT SVC 10705 3/11/2021 001212 SO CALIF GAS COMPANY FEB 028-025-1468-3 41375 MCCABT CT 20.72 20.72 10706 3/11/2021 001212 SO CALIF GAS COMPANY FEB 060-293-3315-7 28922 PUJOL ST 48.93 48.93 Page-1 apChkLst Final Check List Page: 2 03/18/2021 3:20:23PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 10707 3/11/2021 001212 SO CALIF GAS COMPANY 10708 3/11/2021 018858 FRONTIER CALIFORNIA INC 10709 3/11/2021 001212 SO CALIF GAS COMPANY 10710 3/11/2021 001212 SO CALIF GAS COMPANY 10711 3/11/2021 001212 SO CALIF GAS COMPANY 10712 3/11/2021 001212 SO CALIF GAS COMPANY 10713 3/11/2021 001212 SO CALIF GAS COMPANY 10714 3/11/2021 001212 SO CALIF GAS COMPANY 10715 3/11/2021 001212 SO CALIF GAS COMPANY 10716 3/11/2021 001212 SO CALIF GAS COMPANY 10717 3/12/2021 000537 SO CALIF EDISON 10718 3/12/2021 000537 SO CALIF EDISON 10719 3/12/2021 001212 SO CALIF GAS COMPANY 10720 3/12/2021 000537 SO CALIF EDISON 10721 3/12/2021 000537 SO CALIF EDISON 10722 3/15/2021 010276 TIME WARNER CABLE 10723 3/15/2021 000537 SO CALIF EDISON (Continued) Description Amount Paid Check Total FEB 133-040-7373-0 43210 BUS PARK 81.61 81.61 DR MAR INTERNET SVCS- THEATRE 150.98 150.98 FEB 101-525-0950-0 28816 PUJOL ST 170.70 170.70 FEB 181-383-8881-6 28314 MERCEDES 221.17 221.17 ST FEB 129-582-9784-3 43230 BUS PARK 258.30 258.30 DR FEB 196-025-0344-3 42081 MAIN ST 270.32 270.32 FEB 026-671-2909-8 42051 MAIN ST 440.36 440.36 FEB 021-725-0775-4 41845 6TH ST 486.36 486.36 FEB 129-535-4236-7 41000 MAIN ST 3,489.00 3,489.00 FEB 091-024-9300-5 30875 RANCHO 4,578.05 4,578.05 VISTA RD FEB 2-29-953-8447 31738 WOLF 15.45 15.45 VALLEY RD FEB 2-29-657-2332 45538 REDWOOD 15.58 15.58 RD FEB 101-525-1560-6 STA 73 27415 387.63 387.63 FEB 2-30-220-8749 45850 N WOLF 396.58 396.58 CREEK FEB 2-31-404-6020 28771 OLD TOWN 993.66 993.66 FRONT MAR INTERNET SVCS 40820 5.32 5.32 WINCHESTER RD FEB 2-39-043-8521 29028 OLD TOWN 14.14 14.14 FRONT Paget apChkLst Final Check List Page: 3 03/18/2021 3:20:23PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 10724 3/15/2021 001212 SO CALIF GAS COMPANY 10725 3/15/2021 000537 SO CALIF EDISON 10726 3/15/2021 000537 SO CALIF EDISON 10727 3/15/2021 000537 SO CALIF EDISON 10728 3/15/2021 000537 SO CALIF EDISON 10729 3/15/2021 000537 SO CALIF EDISON 10730 3/15/2021 000537 SO CALIF EDISON 10731 3/15/2021 001212 SO CALIF GAS COMPANY 10732 3/15/2021 000537 SO CALIF EDISON 10733 3/15/2021 000537 SO CALIF EDISON 10734 3/15/2021 000537 SO CALIF EDISON 10735 3/15/2021 000537 SO CALIF EDISON 10736 3/15/2021 000537 SO CALIF EDISON 10737 3/18/2021 010349 CALIF DEPT OF CHILD SUPPORT 10738 3/18/2021 021301 1 C M A RETIREMENT -PLAN 106474 10739 3/18/2021 000194 1 C M A RETIREMENT -PLAN 303355 10740 3/18/2021 000444 INSTATAX (EDD) (Continued) Description Amount Paid Check Total FEB 098-255-9828-8 29119 MARGARITA 27.65 27.65 RD FEB 2-31-936-3511 46488 PECHANGA 31.56 31.56 PKWY FEB 2-31-031-2590 28301 RANCHO CAL 31.64 31.64 RD FEB 2-40-380-2424 40750 102.41 102.41 BUTTERFIELD STG FEB 2-29-657-2563 42902 125.72 125.72 BUTTERFIELD STG FEB 2-36-531-7916 44205 MAIN ST 147.40 147.40 FEB 2-29-458-7548 32000 RANCHO CAL 214.60 214.60 RD FEB 117-188-6393-6 STA 95 32131 S 306.31 306.31 LOOP FEB 2-10-331-2153 28816 PUJOL ST 378.20 378.20 FEB 2-20-798-3248 42081 MAIN ST 753.53 753.53 FEB 2-27-560-0625 32380 2,363.59 2,363.59 DEERHOLLOW WAY FEB 2-27-805-3194 42051 MAIN ST 2,685.85 2,685.85 FEB 2-28-629-0507 30600 PAUBA RD 6,433.99 6,433.99 SUPPORT PAYMENT PAYMENT 899.07 899.07 ICMA-401(A) RETIREMENT PLAN 1,134.62 1,134.62 PAYMENT ICMA-RC RETIREMENT TRUST 457 12,957.41 12,957.41 PAYMENT STATE TAXES PAYMENT 27,074.07 27,074.07 Page:3 apChkLst Final Check List Page: 4 03/18/2021 3:20:23PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 10741 3/18/2021 000283 INSTATAX (IRS) FEDERAL TAXES PAYMENT 10742 3/18/2021 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT SOLUTION 10743 3/18/2021 019088 NATIONWIDE RETIREMENT NATIONWIDE LOAN REPAYMENT SOLUTION PAYMENT 10744 3/18/2021 000389 NATIONWIDE RETIREMENT OBRA- PROJECT RETIREMENT SOLUTION PAYMENT 10746 3/16/2021 000537 SO CALIF EDISON FEB 2-36-122-7820 31777 DE PORTOLA RD 10747 3/16/2021 000537 SO CALIF EDISON FEB 2-25-350-5119 45602 REDHAWK PKWY 10748 3/16/2021 000537 SO CALIF EDISON FEB 2-41-394-3267 46899 REDHAWK PKWY 10749 3/16/2021 000537 SO CALIF EDISON FEB 2-29-479-2981 31454 TEMECULA PKWY 10750 3/16/2021 010276 TIME WARNER CABLE MAR INTERNET SVCS 41000 MAIN ST 10751 3/9/2021 000537 SO CALIF EDISON FEB 2-00-397-5067 40499 CALLE MEDUSA 204916 3/18/2021 013387 ADAME LANDSCAPE INC, DBA FEB CLEANING SRVCS: PRKG SWEEPING UNLIMITED STRUCTURE 204917 3/18/2021 003552 AFLAC PREMIUM HOLDING, AFLAC ACCIDENT INDEMNITY C/O BNB BANK LOCKBOX PAYMENT 204918 3/18/2021 003951 ALL AMERICAN ASPHALT ASPHALT SUPPLIES: PW STREET MAINT ASPHALT SUPPLIES: PW STREET MAINT 204919 3/18/2021 010983 ALL AMERICAN SERVICE, AND ASPHALT SUPPLIES: PW STREET SUPPLIES MAINT 204920 3/18/2021 022480 ALLEN INDUSTRIES INC REFUND: PERMITS B19-2907/8 CANCELLED 204921 3/18/2021 022396 ALLEN. PAUL REFUND: ROD RUN CANCELLED Amount Paid Check Total 89,704.25 89,704.25 11,870.21 11,870.21 344.39 344.39 1,742.88 1,742.88 14.76 14.76 18.55 18.55 119.89 119.89 129.58 129.58 1,164.99 1,164.99 1,247.47 1,247.47 540.00 540.00 3,900.86 3,900.86 302.52 342.70 645.22 175.09 175.09 347.16 347.16 35.00 35.00 Page:4 apChkLst Final Check List Page: 5 03/18/2021 3:20:23PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 204922 3/18/2021 007282 AMAZON CAPITAL SERVICES INC 204923 3/18/2021 004422 AMERICAN BATTERY CORPORATION, DBA AMERICAN BATTERY SUP 204924 3/18/2021 022403 ASHLOCK, PETE 204925 3/18/2021 011666 BPS TACTICAL INC 204926 3/18/2021 022299 BAIRD, MICHAEL 204927 3/18/2021 011954 BAKER AND TAYLOR INC 204928 3/18/2021 022290 BANN, MARK 204929 3/18/2021 020870 BIGELOW, JUANITA (Continued) Description BOOKS RHRTPL: LIBRARY MISC. SUPPLIES: CRC SUPPLIES: SPECIAL EVENTS BOOKS RHRTPL: LIBRARY MISC OFC SUPPLIES:PD MALL STOREFF MISC SUPPLIES: ACE PRGM: TVM BOOKS RHRTPL: LIBRARY MISC. SUPPLIES: CRC MISC SUPPLIES: ACE PRGRM: TVM BOOKS RHRTPL: LIBRARY BOOKS RHRTPL: LIBRARY BOOKS RHRTPL: LIBRARY SUMMER DAY CAMP SUPPLIES: CRC MISC SUPPLIES: PROJECT: ECO DEV BATTERIES: CIVIC CTR REFUND: ROD RUN CANCELLED LOAD BEARING VEST COVERS - TRAFFIC: PD REFUND: ROD RUN CANCELLED BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY REFUND: ROD RUN CANCELLED REFUND: ROD RUN EVENT Amount Paid Check Total 191.71 122.80 113.71 -10.86 83.93 301.54 7.33 87.82 560.76 -10.86 214.05 81.24 414.84 48.63 87.26 50.00 1.087.50 35.00 15.03 20.09 411.54 124.68 127.05 37.79 16.84 245.49 89.32 34.51 20.09 18.95 156.06 35.00 50.00 2,206.64 87.26 50.00 1,087.50 35.00 1,317.44 35.00 50.00 Page:5 apChkLst Final Check List Page: 6 03/18/2021 3:20:23PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 204930 3/18/2021 014284 BLAKELYS TRUCK SERVICE, VEHICLE/EQUIP REPAIRS: PW STREET AKA DONALD W BLAKELY MAINT VEHICLE/EQUIP REPAIRS: PW STREET VEHICLE/EQUIP REPAIRS: STREET MAIN VEHICLE/EQUIP REPAIRS: PW STREET 204931 3/18/2021 011348 BONCOR WATER SYSTEMS MAR WTR TANK FILTER REPL: STA 73 LLC, DBA SUNSHINE WATER SOFT 204932 3/18/2021 021183 BOYDD PRODUCTS INC HELMETS:TEM SHERIFF K9 HANDLERS 204933 3/18/2021 015834 BOYER WAYNE E, DBA MOTOR UNIFORMS: POLICE MOTOPORT USA 204934 3/18/2021 022266 BROSCH, JOSEPH REFUND: ROD RUN EVENT 204935 3/18/2021 022252 BROWN, JOHN REFUND: ROD RUN EVENT 204936 3/18/2021 022291 BUTLER, MARK REFUND: ROD RUN CANCELLED 204937 3/18/2021 001035 C RAND R INC TRASH CONTAINERS: HOMELESS ENCAMPMENT 204938 3/18/2021 022328 CABOT, MIKE REFUND: ROD RUN CANCELLED 204939 3/18/2021 003138 CAL MAT, DBA VULCAN ASPHALT SUPPLIES: PW STREET MATERIALS CO MAINT ASPHALT SUPPLIES: STREET MAINT: PV1 204940 3/18/2021 001054 CALIF BUILDING OFFICIALS, REGIST: WEBINAR: MARQUEZ, YANNIN (CALBO) REGIST: WEBINAR: WAGGONER, L 204941 3/18/2021 022393 CAMPBELL, DOUGLAS REFUND: ROD RUN CANCELLED 204942 3/18/2021 018828 CASC ENGINEERING AND, ADD'L ENG SVCS: SOMMER'S BEND CONSULTING INC 204943 3/18/2021 022253 CASHMAN, JOHN REFUND: ROD RUN EVENT 204944 3/18/2021 022493 CASLLI, ERVIN REFUND: CITATION 340559 DISMISSAL 204945 3/18/2021 022292 CERNODA, MARK REFUND: ROD RUN CANCELLED Amount Paid Check Total 185.69 220.22 270.00 1,570.62 2,246.53 279.96 279.96 1,592.55 1,592.55 3,902.78 3,902.78 35.00 35.00 70.00 70.00 350.00 350.00 136.95 136.95 35.00 35.00 526.63 169.44 696.07 70.00 70.00 140.00 105.00 105.00 669.00 669.00 35.00 35.00 70.00 70.00 35.00 35.00 Page.-6 apChkLst Final Check List Page: 7 03/18/2021 3:20:23PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 204946 3/18/2021 009640 CERTIFION CORP DBA FEB ONLINE DATABASE SUBSCR: ENTERSECT POLICE 204947 3/18/2021 022273 CHRISTY, JUSTIN REFUND: ROD RUN EVENT 204948 3/18/2021 005417 CINTAS PROTECTION NO 2, FIRE EXTINGUISHER INSPECTIONS: CINTAS FIRE 636525 CODE ENF FIRE EXTINGUISHER INSPECTIONS: BLC 204949 3/18/2021 022323 COLGROVE, MIKE REFUND: ROD RUN CANCELLED 204950 3/18/2021 021230 CONSOLIDATED ELECTRICAL WIRELESS LIGHTING CTRL SYSTM DISTR, DBA CALIF ELECTRIC HDWR: PW SUPPLY 204951 3/18/2021 011922 CORELOGIC INC, DBA FEB PROP ID SFTWR: CODE CORELOGIC SOLUTIONS ENFORCEMENT 204952 3/18/2021 014521 COSTAR REALTY MAR WEB SUBSCRIPTION: ECO DEV INFORMATION INC 204953 3/18/2021 001264 COSTCO TEMECULA 491 MISC OFC SUPPLIES: MRC 204954 3/18/2021 022270 CRISWELL, JOSHUA REFUND: ROD RUN EVENT 204955 3/18/2021 021590 CULVER, NATHANIEL JOSEPH, PHOTOGRAPHY SVCS: ECO DEV N. CULVER PHOTOGRAPHY 204956 3/18/2021 022397 D'ANTIN, PAUL REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED 204957 3/18/2021 022404 DELIA, PETE REFUND: ROD RUN CANCELLED 204958 3/18/2021 017385 DINGILLO, MIKE REFUND: ROD RUN CANCELLED 204959 3/18/2021 012217 DUDEK URBAN FOREST MGMT PLAN & INVENTORY 204960 3/18/2021 022481 ENERGY SERVICE PARTNERS REFUND: PERMIT B20-0772 CANCELLED 204961 3/18/2021 009618 ENNIS FLINT INC BIKE LANE LEGENDS: PW STREETS 204962 3/18/2021 022448 ENTREKIN. LAURA REFUND: ROD RUN EVENT Amount Paid Check Total 200.00 200.00 35.00 35.00 34.84 61.36 96.20 50.00 50.00 4,360.88 4,360.88 246.00 246.00 720.00 720.00 191.90 191.90 50.00 50.00 300.00 300.00 35.00 35.00 70.00 35.00 35.00 35.00 35.00 20,897.01 20,897.01 126.72 126.72 33,277.50 33,277.50 70.00 70.00 Page:? apChkLst Final Check List Page: 8 03/18/2021 3:20:23PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 204963 3/18/2021 022275 EVANS, KARIN REFUND: ROD RUN EVENT 204964 3/18/2021 021859 EXP US SERVICES INC CONSULT SVCS: SANTA GERTRUDIS CRK TRAIL 204965 3/18/2021 012633 FAITH AUTO GLASS & TINTING VEHICLE WINDOW REPAIR- CODE ENF 204966 3/18/2021 000165 FEDERAL EXPRESS INC EXP MAIL SVCS: POLICE 204967 3/18/2021 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 204968 3/18/2021 002982 FRANCHISE TAX BOARD KRACH, BREE - CASE# 603016103 204969 3/18/2021 022452 FRANKLIN, LINDA REFUND: ROD RUN EVENT 204970 3/18/2021 016184 FUN EXPRESS LLC, VARIOUS SUPPLIES: SPECIAL EVENTS SUBSIDIARY OF ORIENTAL TR MISC SUPPLIES - SUMMER DAY CAMP: 204971 3/18/2021 022453 GALINDO, LOUIE REFUND: ROD RUN EVENT 204972 3/18/2021 022398 GARCIA, PAUL REFUND: ROD RUN CANCELLED 204973 3/18/2021 021365 GEORGE HILLS COMPANY INC FEB CLAIMS RECOVERY SRVCS: RISK MGMT 204974 3/18/2021 022491 GHUKASYON, CINDY REFUND: OVERPAYMENT CITATION 348633 204975 3/18/2021 022303 GILL, MICHAEL REFUND: ROD RUN CANCELLED 204976 3/18/2021 022243 GLIGO, JOE REFUND: ROD RUN EVENT 204977 3/18/2021 014100 GODS FAN CLUB, DBA WINTER SHELTER ASSISTANCE: PROJ PROJECT TOUCH TOUCH Amount Paid Check Total 70.00 70.00 72,745.95 72,745.95 750.00 750.00 23.45 23.45 100.00 100.00 13.87 13.87 100.00 100.00 1,241.46 1,968.19 3,209.65 50.00 50.00 35.00 35.00 1,627.40 1,627.40 30.00 30.00 35.00 35.00 35.00 35.00 10,000.00 10,000.00 Page.-8 apChkLst 03/18/2021 3:20:23PM Final Check List CITY OF TEMECULA Page: 9 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 204978 3/18/2021 004890 GOLDEN STATE FIRE ANNUAL SPRINKLER INSPECTIONS: 650.00 PROTECTION PARKING GR ANNUAL SPRINKLER INSPECTIONS: TCC 650.00 ANNUAL SPRINKLER INSPECTIONS: FO( 650.00 ANNUAL SPRINKLER INSPECTIONS: CIV 650.00 ANNUAL SPRINKLER INSPECTIONS: CR( 650.00 ANNUAL SPRINKLER INSPECTIONS: SAF 650.00 ANNUAL SPRINKLER INSPECTIONS: MR, 650.00 ANNUAL SPRINKLER INSPECTIONS: IWT 650.00 ANNUAL SPRINKLER INSPECTIONS: JRC 650.00 ANNUAL SPRINKLER INSPECTIONS: TPL 650.00 ANNUAL SPRINKLER INSPECTIONS: TVN 650.00 ANNUAL SPRINKLER INSPECTIONS: TVE 650.00 ANNUAL SPRINKLER INSPECTIONS: THE 650.00 ANNUAL SPRINKLER INSPECTIONS: MP: 650.00 ANNUAL SPRINKLER INSPECTIONS: WE 650.00 9,750.00 204979 3/18/2021 022456 GOMEZ, MANNY REFUND: ROD RUN EVENT 35.00 35.00 204980 3/18/2021 022305 HAGEMAN, MICHEAL REFUND: ROD RUN CANCELLED 35.00 35.00 204981 3/18/2021 022394 HARDCASTLE, NOEL REFUND: ROD RUN CANCELLED 35.00 35.00 204982 3/18/2021 017437 HART, MARK REFUND: ROD RUN CANCELLED 35.00 35.00 204983 3/18/2021 022254 HARTMAN, JOHN REFUND: ROD RUN EVENT 50.00 50.00 204984 3/18/2021 022449 HAWKINS, LEE REFUND: ROD RUN EVENT 35.00 35.00 204985 3/18/2021 020193 HD SUPPLY CONSTR SUPPLY MISC SUPPLIES: STREET MAINT: PW 99.07 99.07 LTD, DBA HDS WHITE CAP CONSTR 204986 3/18/2021 022454 HELANDER, LOUIS REFUND: ROD RUN EVENT 50.00 50.00 204987 3/18/2021 022458 HERNANDEZ, MARIO REFUND: ROD RUN EVENT 70.00 70.00 204988 3/18/2021 022307 HERNANDEZ, MICHAEL REFUND: ROD RUN CANCELLED 35.00 35.00 204989 3/18/2021 022255 HILL, JOHN REFUND: ROD RUN EVENT 35.00 35.00 204990 3/18/2021 022402 HINES, PEGGY REFUND: ROD RUN CANCELLED 35.00 REFUND: ROD RUN CANCELLED 35.00 70.00 Page9 apChkLst Final Check List Page: 10 03/18/2021 3:20:23PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 204991 3/18/2021 003198 HOME DEPOT MISC SUPPLIES: CIVIC CTR Misc Supplies - Summer Day Camp: CRC 204992 3/18/2021 022450 HOSKING, LEILANI REFUND: ROD RUN EVENT 204993 3/18/2021 001119 HOUSTON & HARRIS PCS INC CATCH BASIN SUPPLIES: STREET MAINT: PW 204994 3/18/2021 022269 HURST, JOSH REFUND: ROD RUN EVENT 204995 3/18/2021 019085 INTERPRETERS UNLIMITED OVER THE PHONE INTERPRETER INC SVC: PD 204996 3/18/2021 022293 JESSOP, MARK REFUND: ROD RUN CANCELLED 204997 3/18/2021 014097 JIMNI SYSTEMS, INC. PUMP REPLACEMENT: REDHAWK PARK 204998 3/18/2021 022309 JOHNS, MICHAEL REFUND: ROD RUN CANCELLED 204999 3/18/2021 022399 KAKIS, PAUL REFUND: ROD RUN CANCELLED 205000 3/18/2021 022313 KASLOWSKI, MICHAEL REFUND: ROD RUN CANCELLED 205001 3/18/2021 022451 KEENAN, LIAM REFUND: ROD RUN EVENT 205002 3/18/2021 001091 KEYSER MARSTON CONSULT SVC: RENDEZVOUS APTS ASSOCIATES INC PA20-1325 FISCAL IMPACTANALYSIS: SOLANA WIN 205003 3/18/2021 022392 KIRK, NICK REFUND: ROD RUN CANCELLED 205004 3/18/2021 022297 KNIPSCHEER, MELISSA REFUND: ROD RUN CANCELLED 205005 3/18/2021 020194 KRZEMIEN, KEN REFUND: ROD RUN EVENT 205006 3/18/2021 016759 KUEHL, PATRICIA REFUND: ROD RUN CANCELLED 205007 3/18/2021 020874 LAMERS, KENNETH REFUND: ROD RUN EVENT 205008 3/18/2021 022244 LANDIN, JOE REFUND: ROD RUN EVENT Amount Paid Check Total 668.03 1,815.69 2,483.72 35.00 35.00 1,328.75 1,328.75 35.00 35.00 92.00 92.00 35.00 35.00 7,439.58 7,439.58 50.00 50.00 35.00 35.00 35.00 35.00 35.00 35.00 3,375.00 8,858.75 12,233.75 35.00 35.00 35.00 35.00 50.00 50.00 50.00 50.00 35.00 35.00 35.00 35.00 Page:10 apChkLst Final Check List Page: 11 03/18/2021 3:20:23PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 205009 3/18/2021 022264 LAXA, JONELL REFUND: ROD RUN EVENT 205010 3/18/2021 022487 LEVEL 1 ROOFING REFUND: PERMIT B20-3537 CANCELLED 205011 3/18/2021 022250 LLOYD, JOE REFUND: ROD RUN EVENT 205012 3/18/2021 022285 LONG, LARRY REFUND: ROD RUN EVENT 205013 3/18/2021 022276 MANLEY, KEITH REFUND: ROD RUN EVENT 205014 3/18/2021 022267 MANUSIA, JOSEPH REFUND: ROD RUN EVENT 205015 3/18/2021 022314 MASSEY, MICHAEL REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED 205016 3/18/2021 021434 MATRIX TELECOM LLC DBA FEB 800 SERVICES: CIVIC CENTER LINGO 205017 3/18/2021 022298 MCCOLLOM, DICK REFUND: ROD RUN CANCELLED 205018 3/18/2021 022447 MCNAIR, LARRY REFUND: ROD RUN EVENT 205019 3/18/2021 018675 MDG ASSOCIATES INC FEB CDBG-CV TA PRGM: COM DEV FEB TECH ASSIST CDBG COVID-19 PRGI 205020 3/18/2021 019823 MERCHANTS BLDG MAINT LLC FEB JANITORIAL SVCS: VAR CITY FACS NOV JANITORIAL SVCS: VAR CITY FACIL DEC JANITORIAL SVCS: VAR CITY FACIL JAN JANITORIAL SVCS: VARI CITY FACS 205021 3/18/2021 022332 METRO, MIKE REFUND: ROD RUN CANCELLED 205022 3/18/2021 022281 MICHAELSEN, KENNETH REFUND: ROD RUN EVENT 205023 3/18/2021 013443 MIDWEST TAPE LLC BOOKS ON TAPE: LIBRARY 205024 3/18/2021 022271 MIKKELSON, JOYCE REFUND: ROD RUN EVENT 205025 3/18/2021 022333 MILLER, MITCH REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED Amount Paid Check Total 35.00 35.00 169.89 169.89 70.00 70.00 35.00 35.00 35.00 35.00 35.00 35.00 35.00 35.00 70.00 74.37 74.37 35.00 35.00 35.00 35.00 3,682.38 3,627.13 7,309.51 13,830.69 18,103.77 14,891.79 13,830.69 60,656.94 50.00 50.00 35.00 35.00 43.60 43.60 70.00 70.00 35.00 35.00 70.00 Page:11 apChkLst Final Check List Page: 12 03/18/2021 3:20:23PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 205026 3/18/2021 000973 MIRACLE RECREATION PLAYGROUND EQUIP: WINCHESTER EQUIPMENT CRK PK 205027 3/18/2021 022263 MONTOYA, JOHNNY REFUND: ROD RUN EVENT 205028 3/18/2021 022251 MOSES, JOE REFUND: ROD RUN EVENT 205029 3/18/2021 022400 MUIRHEAD, PAUL REFUND: ROD RUN CANCELLED 205030 3/18/2021 017860 MURRIETA PARTNERSHIP INNOVATION MONTH: ECO DEV 205031 3/18/2021 022284 NARDI, KIMBERLY REFUND: ROD RUN EVENT 205032 3/18/2021 018099 NATIONAL SAFETY DOT TESTING: HR COMPLIANCE INC 205033 3/18/2021 001323 NESTLE WATERS NORTH 2/11-3/10 WTR DLVRY SVCS: FOC AMERICA, DBA READYREFRESH 205034 3/18/2021 021121 OCCUPATIONAL HEALTH CTR MEDICAL SCREENINGS: HR OF CA, DBA CONCENTRA MEDICAL CTR 205035 3/18/2021 022457 ODELL, MARIE REFUND: ROD RUN EVENT 205036 3/18/2021 022268 ORSINI, JOSEPH REFUND: ROD RUN EVENT 205037 3/18/2021 022274 PARKER, JUSTIN REFUND: ROD RUN EVENT 205038 3/18/2021 020472 PARKING LOGIX INC 1/1/21-12/31/21 PRKG MGMT SYS 205039 3/18/2021 022401 PARQUE, PAUL 205040 3/18/2021 022391 PERRY, NATHANIEL 205041 3/18/2021 022294 PFEILER, MARK 205042 3/18/2021 022256 PIDGE, JOHN ACCESS REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED REFUND: ROD RUN EVENT Amount Paid Check Total 30,129.48 35.00 35.00 35.00 1,000.00 35.00 324.80 180.34 32.50 35.00 35.00 35.00 1,020.00 50.00 35.00 35.00 35.00 30,129.48 35.00 35.00 35.00 1,000.00 35.00 324.80 180.34 32.50 35.00 35.00 35.00 1,020.00 50.00 35.00 35.00 35.00 Page:12 apChkLst 03/18/2021 3:20:23PM Final Check List CITY OF TEMECULA Page: 13 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 205043 3/18/2021 021858 PLACEWORKS INC, DBA FEB CONSULTING SRVCS:PLANNING 8,120.00 8,120.00 PLACEWORKS DEPT 205044 3/18/2021 020244 PLAYCORE WISCONSIN INC, PLAYGROUND EQUIP: STEPHEN LINEN 363,283.48 363,283.48 DBA GAMETIME JR PK 205045 3/18/2021 000253 POSTMASTER EXPRESS MAIL & POSTAL SVCS: HR 72.70 72.70 205046 3/18/2021 008447 PRO AUTO COLLISION INC CITY VEHICLE REPAIR: PW STREET 995.25 995.25 MAINT 205047 3/18/2021 001364 R C P BLOCK & BRICK INC MASONRY SUPPLIES: VARIOUS PARKS 5.09 5.09 205048 3/18/2021 022265 RAMIREZ, JORGE REFUND: ROD RUN EVENT 50.00 50.00 205049 3/18/2021 000907 RANCHO TEMECULA CAR FEB VEHICLE DETAILING SRVCS: 52.00 52.00 WASH POLICE 205050 3/18/2021 022406 RANSOM, PHILLIP REFUND: ROD RUN CANCELLED 70.00 70.00 205051 3/18/2021 022316 RATCLIFF, MICHAEL REFUND: ROD RUN CANCELLED 35.00 35.00 205052 3/18/2021 022295 REDMON, MARK REFUND: ROD RUN CANCELLED 35.00 REFUND: ROD RUN CANCELLED 35.00 70.00 205053 3/18/2021 020429 REMOTE SATELLITE SYSTEMS FEB '21 SAT PH AIRTIME/APR FEE: 280.00 280.00 INTL EOC 205054 3/18/2021 022395 REYNOLDS, NORMAN REFUND: ROD RUN CANCELLED 35.00 35.00 205055 3/18/2021 022318 RIVERA, MICHAEL REFUND: ROD RUN CANCELLED 35.00 35.00 205056 3/18/2021 001592 RIVERSIDE CO INFO JAN EMERG RADIO RENTAL: POLICE 2,159.91 2,159.91 TECHNOLOGY 205057 3/18/2021 000406 RIVERSIDE CO SHERIFFS 01/14-02/10 LAW ENFORCEMENT 2,630,329.58 2,630,329.58 DEPT 205058 3/18/2021 022257 RUDH, JOHN REFUND: ROD RUN EVENT 100.00 100.00 205059 3/18/2021 021824 SAFEGUARD ACQUISITIONS PRINTING SRVCS-PARKING CITE: TEM 1,092.00 1,092.00 INC SHERIFF Page:13 apChkLst 03/18/2021 3:20:23PM Final Check List CITY OF TEMECULA Page: 14 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 205060 3/18/2021 000278 SAN DIEGO UNION -TRIBUNE FEB PUBLIC NTCADS: CITY CLERK 426.13 FEB BID ADS: PVMNT REHAB, PW20-08 866.00 1,292.13 205061 3/18/2021 017699 SARNOWSKI SHAWNA M PHOTOGRAPHY SRVCS: ECON DEV 50.00 PRESTON PHOTOGRAPHY SRVCS: HR 900.00 PHOTOGRAPHY SRVCS S.HICKS PRK MI 150.00 1,100.00 205062 3/18/2021 017113 SCHOLASTIC LIBRARY BOOKS: LIBRARY 976.03 976.03 PUBLISHING, 205063 3/18/2021 022405 SCHUTTER, PETER REFUND: ROD RUN CANCELLED 35.00 35.00 205064 3/18/2021 022492 SEEL, DARLENE REFUND: CITATION 348249 DISMISSAL 25.00 25.00 205065 3/18/2021 020530 SHROYER, MIKE REFUND: ROD RUN CANCELLED 35.00 35.00 205066 3/18/2021 022258 SIMLER, JOHN REFUND: ROD RUN EVENT 50.00 50.00 205067 3/18/2021 000537 SO CALIF EDISON OCT 2-42-298-2488 VARIOUS -110,361.60 LOCATIONS NOV 2-42-298-2488 VARIOUS LOCATION; 28,049.23 FEB 2-36-171-5626 VARIOUS LOCATIONS 1,666.45 DEC 2-42-298-2488 VARIOUS LOCATION; 28,049.23 JAN 2-42-298-2488 VARIOUS LOCATIONS 28,049.23 FEB 2-42-298-2488 VARIOUS LOCATIONS 32,342.19 7,794.73 205068 3/18/2021 020545 SOCIAL WORK ACTION GROUP FEB HOMELESS OUTREACH SRVCS: 26,763.75 26,763.75 TCSD 205069 3/18/2021 014783 SOFTRESOURCES, LLC FEB CONSULTING SRVCS: FINANCE 416.25 416.25 205070 3/18/2021 000519 SOUTH COUNTY PEST MAR PEST CONTROL SRVCS: WOLF 49.00 CONTROL INC CRK PRK MAR PEST CONTROL SRVCS: DUCK POI 49.00 EMERG PEST CONTROL SRVCS: RRSP 94.00 MAR PEST CONTROL SRVCS: PBSP 70.00 262.00 205071 3/18/2021 015373 SPECTRASYSTEMS INC, DBA PLAYGROUND SAFETY SURFACING: 18,226.00 18,226.00 SPECTRATURF PARKS 205072 3/18/2021 019250 ST FRANCIS ELECTRIC LLC REPLACE TRAF LOOPS: 4,770.00 YNEZ/PAUBA-R.C.RD REPLACE TRAF LOOPS: MARG/WINCO-V 10,600.00 15,370.00 Page:14 apChkLst Final Check List Page: 15 03/18/2021 3:20:23PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 205073 3/18/2021 008337 STAPLES BUSINESS CREDIT 205074 3/18/2021 022325 STOEVER, MICHAEL 205075 3/18/2021 022259 SUTHERLAND, JOHN 205076 3/18/2021 022278 SVELA, KEN 205077 3/18/2021 022282 SWAILS, KENNY 205078 3/18/2021 022455 SWETLIK, LOUIS 205079 3/18/2021 022260 TALLEY, JOHN 205080 3/18/2021 003941 TEMECULA WINNELSON COMPANY 205081 3/18/2021 003849 TERRYBERRY COMPANY 205082 3/18/2021 007709 TOYOTA OF TEMECULA VALLEY 205083 3/18/2021 022102 UNITED PARCEL SERVICES INC 205084 3/18/2021 014848 VALUTEC CARD SOLUTIONS LLC 205085 3/18/2021 022326 VIDAL, MICHAEL 205086 3/18/2021 001890 VORTEX INDUSTRIES INC 205087 3/18/2021 006248 WALKER, JESSICA 205088 3/18/2021 007987 WALMART (Continued) Description Amount Paid Check Total OFFICE SUPPLIES: PD OTSF 2.52 OFFICE SUPPLIES: THEATER 56.54 OFFICE SUPPLIES: THEATER 310.96 OFFICE SUPPLIES: PD OTSF 213.42 OFFICE SUPPLIES: PW CIP 95.09 678.53 REFUND: ROD RUN CANCELLED 35.00 35.00 REFUND: ROD RUN EVENT 35.00 35.00 REFUND: ROD RUN EVENT 35.00 35.00 REFUND: ROD RUN EVENT 35.00 35.00 REFUND: ROD RUN EVENT 35.00 35.00 REFUND: ROD RUN EVENT 35.00 35.00 PLUMBING SUPPLIES: VARIOUS 113.23 PARKS MISC SUPPLIES: CIVIC CENTER 25.34 138.57 SERVICE AWARDS: HR 94.85 SERVICE AWARDS: HR 106.05 200.90 REFUND: OVERPAYMENT OF FEES 44.16 44.16 B20-0636 EXPRESS MAIL SRVCS: FINANCE 31.03 31.03 FEB TICKETING SERVICES: THEATER 63.95 63.95 REFUND: ROD RUN CANCELLED 35.00 35.00 DOOR REPAIRS: CIVIC CENTER 400.00 400.00 TCSD INSTRUCTOR EARNINGS 350.00 350.00 MISC SUPPLIES: TCSD 78.15 MISC SUPPLIES T. MUSEUM 154.65 MISC SUPPLIES: TCSD 106.41 MISC SUPPLIES: CRC 188.03 527.24 Page:15 apChkLst Final Check List Page: 16 03/18/2021 3:20:23PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 205089 3/18/2021 020609 WARREN KRAMER, DBA LIBRARY CARDS: LIBRARY/TCSD PROFORMAAPOLLO GROUP 205090 3/18/2021 001881 WATER SAFETY PRODUCTS POOL SUPPLIES: AQUATICS INC POOL SUPPLIES: AQUATICS 205091 3/18/2021 022296 WEBB, MATT REFUND: ROD RUN CANCELLED 205092 3/18/2021 003730 WEST COAST ARBORISTS INC 2/1-15 TREE MAINT: CIVIC CENTER 2/1-15 TREE MAINT: WOLF CREEK SLOPI 2/1-15 TREE MAINT: PARKS & MEDIANS 2/1-15 TREE MAINT: CITY R-O-W 2/1-15 TREE MAINT: HARV. LAKE PARK 2/1-15 TREE MAINT: VAIL RANCH SLOPE 1/16-31 TREE MAINT: CITY R-O-W 2/1-15 TREE MAINT: OLD TOWN 2/1-15 TREE MAINT: HARVESTON SLOPE 1/16-31 TREE MAINT: CAMPOS VERDE 205093 3/18/2021 003835 WEST COAST SAFETY SUPPLY MISC SUPPLIES: PW STREET MAINT CO. 205094 3/18/2021 000339 WEST PUBLISHING FEB CLEAR SUBSCRIPTION: POLICE CORPORATION, DBA:THOMSON REUTERS 205095 3/18/2021 021148 WEX BANK 2/6-3/5 FUEL USAGE: POLICE 205096 3/18/2021 022279 WHITE, KEN REFUND: ROD RUN EVENT 205097 3/18/2021 022261 WILLIAMS, JOHN REFUND: ROD RUN EVENT 205098 3/18/2021 022327 WILSON, MICHAEL REFUND: ROD RUN CANCELLED 205099 3/18/2021 022283 WINGER, KEVIN REFUND: ROD RUN EVENT 205100 3/18/2021 022262 ZENS, JOHN REFUND: ROD RUN EVENT 1002077 3/15/2021 022486 SILVER FEVER REFUND: PAID INCORRECT BUS LICENSE Amount Paid Check Total 4,893.75 4,893.75 1,144.24 385.62 1,529.86 35.00 35.00 1,355.55 1,613.75 6,429.00 783.60 109.50 393.30 721.50 1,209.45 973.50 5,354.25 18,943.40 289.25 289.25 937.65 937.65 1,408.21 1,408.21 35.00 35.00 200.00 200.00 35.00 35.00 50.00 50.00 35.00 35.00 36.00 36.00 Grand total for UNION BANK: 4,288,341.10 Page:16 apChkLst Final Check List Page: 17 03/18/2021 3:20:23PM CITY OF TEMECULA 247 checks in this report. Grand Total All Checks: 4,288,341.10 Page:17 apChkLst Final Check List Page: 1 03/16/2021 11:35:58AM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor Description 500276 3/18/2021 004802 ADLERHORST INTERNATIONAL K9 EQUIPMENT: POLICE LLC 500277 3/18/2021 022407 AXH HOLDINGS INC, DBA TEM. ASSIST JOB RET. GRANT LILYFUL RECIPIENT 500278 3/18/2021 004248 CALIF DEPT OF FEB FINGERPRINTING SVCS: HR & PD JUSTICE-ACCTING 500279 3/18/2021 000442 COMPUTER ALERT SYSTEMS ALARM MONITORING REPAIR - STA 73 500280 3/18/2021 010650 CRAFTSMEN PLUMBING & HVAC LOGIC PANELS: CIVIC CTR HVAC INC 500281 3/18/2021 001393 DATA TICKET INC, DBA FEB CITATION PROCESSING: POLICE REVENUE EXPERTS 500282 3/18/2021 003945 DIAMOND ENVIRONMENTAL PUMP SVC & DISPOSAL: RED HAWK SRVCS PKWY PORTABLE RESTROOM: VAIL RANCH PA PORTABLE RESTROOM: RIVERTON PAR PORTABLE RESTROOM: LONG CANYON PORTABLE RESTROOM: LA SERENA WA 500283 3/18/2021 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: STREET MAINT FUEL FOR CITY VEHICLES: TRAFFIC: PN FUEL FOR CITY VEHICLES: BLDG INSPE FUEL FOR CITY VEHICLES: PW CIP FUEL FOR CITY VEHICLES: FIRE DEPT FUEL FOR CITY VEHICLES: INFO TECH FUEL FOR CITY VEHICLES: LAND DEV: F FUEL FOR CITY VEHICLES: CODE ENFOI FUEL FOR CITY VEHICLES: POLICE DEP 500284 3/18/2021 001056 EXCEL LANDSCAPE INC LDSCP IMPROVEMENTS: SAM HICKS LDSCP IMPROVEMENTS: SAM HICKS PA IRRIGATION REPAIR: WOLF CREEK SLOI IRRIGATION REPAIR: VAIL RANCH SLOP[ Irrigation Repair: Median - Murrieta Amount Paid Check Total 91.59 91.59 10,000.00 10,000.00 843.00 843.00 75.00 75.00 36,476.00 36,476.00 466.51 466.51 436.00 165.88 145.88 110.88 110.88 969.52 1,653.90 479.84 293.97 259.39 129.38 68.32 54.58 53.63 33.58 3,026.59 675.00 450.00 395.04 90.12 87.82 1,697.98 Page:1 apChkLst Final Check List Page: 2 03/16/2021 11:35:58AM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description 500285 3/18/2021 000177 GLENNIES OFFICE PRODUCTS EMERGENCY SUPPLIES: COVID-19: INC TCSD Misc office supplies: Planning EMERGENCY SUPPLIES: COVID-19 MISC OFC SUPPLIES: CHIEF/BC MISC OFC SUPPLIES: MEDIC MISC OFC SUPPLIES: CODE ENFORCEN MISC OFC SUPPLIES: MEDIC: FIRE MISC OFC SUPPLIES: PLANNING 500286 3/18/2021 020628 HASA INC VARIOUS SUPPLIES: AQUATICS 500287 3/18/2021 004043 MISSION ELECTRIC SUPPLY ELECTRICAL SUPPLIES: PARKS INC MISC PARTS:LIGHT REPAIR STA 84 MISC ELECTRICAL SUPPLIES: FOC MISC ELECTRICAL SUPPLIES: TVE2 MISC ELECTRICAL SUPPLIES: CIVIC CTF MISC ELECTRICAL SUPPLIES: TVM MISC ELECTRICAL SUPPLIES: CIVIC CTF MISC ELECTRICAL SUPPLIES: TVE2 500288 3/18/2021 002925 NAPA AUTO PARTS MISC AUTO SUPPLIES - STA 84 500289 3/18/2021 021998 OLD TOWN TIRE AND SERVICE CITY VEHICLE MAINT SVCS: PW FACS INC CITY VEHICLE MAINT SVCS: PW TRAFFII 500290 3/18/2021 012904 PRO ACTIVE FIRE DESIGN FEB PLAN REVIEW SRVCS: FIRE PREV AND, CONSULTING 500291 3/18/2021 002412 RICHARDS WATSON AND JAN 2021 LEGAL SERVICES GERSHON JAN 2021 LEGAL SERVICES JAN 2021 LEGAL SERVICES 500292 3/18/2021 004274 SAFE AND SECURE LOCKSMITH SRVCS: HARVESTON LK LOCKSMITH SRVC PRK 500293 3/18/2021 006145 STENO SOLUTIONS FEB TRANSCRIPTION SRVCS: POLICE TRANSCRIPTION, SRVCS INC 500294 3/18/2021 021580 TOWNSEND PUBLIC AFFAIRS MAR CONSULTING SRVCS: CITY INC CLERK 500295 3/18/2021 008402 WESTERN RIVERSIDE CO JAN '21 MSHCP PAYMENT REG, CONSERVATION AUTHORITY Amount Paid Check Total 1,303.91 505.27 254.13 168.29 104.36 76.29 52.18 -14.95 827.41 1,528.75 1,373.08 810.15 431.14 142.99 141.77 134.05 48.94 956.65 494.96 6,562.95 3,876.37 883.50 96.00 163.12 232.74 6,000.00 30,834.00 Grand total for EFT UNION BANK: 2,449.48 827.41 4,610.87 54.12 1,451.61 6,562.95 4,855.87 163.12 232.74 6,000.00 30,834.00 111,688.36 Paget apChkLst Final Check List Page: 3 03/16/2021 11:35:58AM CITY OF TEMECULA 20 checks in this report. Grand Total All Checks: 111,688.36 Page:3 apChkLst Final Check List Page: 1 03/25/2021 4:15:45PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor Description 10693 3/9/2021 006887 UNION BANK OF CALIFORNIA 002103 CALIF ASSOCIATION PUBLIC GB WEBINAR: STATE OF COMM INFO, DBA: CAPIO WEBINAR 013338 APPLE STORE GB ADD'L PHONE STORAGE: BORUNDA, B. 10694 3/9/2021 006887 UNION BANK OF CALIFORNIA 018323 GOAT & VINE, THE RO RFRSHMNTS: CITY CNCL MTG: 1/12 018323 GOAT & VINE, THE RO RFRSHMNTS: CITY CNCL MTG: 1/12 10695 3/9/2021 006887 UNION BANK OF CALIFORNIA 009623 PUBLIC AGENCY RISK IG CONFERENCE REGIST: GARIBAY, I. MANAGERS, (PARMA) 007836 THINGS REMEMBERED IG FREIGHT CHARGES: ENGRAVED MUGS: EOQ 021482 GIFTCARDS.COM IG RECOGNITION AWARDS: EOQ 10696 3/9/2021 006887 UNION BANK OF CALIFORNIA 020489 GREYHOUND LINES MW HOMESLESS OUTREACH: BUS TICKET 022443 UNCLE BOB'S SPORTS BAR, & MW RFRSHMNTS: MTG W/POLICE: GRILL HOT 018148 TIMES SQUARE NEW YORK, MW RFRSHMNTS: MEETING W/SWAG: STYLE PIZZERIA PD 020489 GREYHOUND LINES MW HOMESLESS OUTREACH: BUS TICKET Amount Paid Check Total 35.00 0.99 35.99 76.13 98.96 175.09 149.00 52.21 111.88 313.09 69.99 85.57 102.91 163.99 422.46 Page:1 apChkLst Final Check List Page: 2 03/25/2021 4:15:45PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 10698 3/9/2021 006887 UNION BANK OF CALIFORNIA 017583 ASSOCIATION OF AQUATIC, PROFESSIONALS 017583 ASSOCIATION OF AQUATIC, PROFESSIONALS 017583 ASSOCIATION OF AQUATIC, PROFESSIONALS 017583 ASSOCIATION OF AQUATIC, PROFESSIONALS 017583 ASSOCIATION OF AQUATIC, PROFESSIONALS 017583 ASSOCIATION OF AQUATIC, PROFESSIONALS 017583 ASSOCIATION OF AQUATIC, PROFESSIONALS 017583 ASSOCIATION OF AQUATIC, PROFESSIONALS 000152 CALIF PARKS AND RECREATION SOC, C P R S 000152 CALIF PARKS AND RECREATION SOC, C P R S 012085 ISTOCK INT'L INC. 000152 CALIF PARKS AND RECREATION SOC, C P R S 017668 THE PRESS ENTERPRISE 022474 NATIONAL CIVIC LEAGUE 022171 GALLUP STORE 022475 FILMFREEWAY.COM 006952 PAYPAL (Continued) Description Amount Paid Check Total KH CONF REGIST: DIVERSITY CLASS: 100.00 POST, KH MEMBERSHIP RENEWAL: POST, K. 40.00 KH CONF REGIST: DIVERSITY CLASS: 100.00 WILLCOX KH CONF REGIST: POST, K. 359.00 KH CONF REGIST: WILLCOX, G 379.00 KH CONF REGIST: DAVIS, M 359.00 KH CONF REGIST: DIVERSITY CLASS: 100.00 DAVIS, KH MEMBERSHIP RENEWAL: DAVIS, M. 40.00 KH AWARD SUBMITTAL: TCSD 70.00 KH AWARD SUBMITTAL: TCSD 70.00 KH SUBSCRIPTION: PROMO IMAGES: 120.00 TCSD KH SUBSCRIPTION: MAYOR PRO TEM 30.00 KH SUBSCRIPTION: TCSD 0.99 KH AWARD SUBMITTAL: CITY MGR 150.00 KH CPRS WORKSHOP FEE: COURTS, 19.99 T. KH ENTRY FEE: SOCIAL MEDIA/VIDEO: 20.00 TCSD KH VERISIGN PAYFLOW PRO 83.00 TRANSACTION 2,040.98 Paget apChkLst Final Check List Page: 3 03/25/2021 4:15:45PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 10701 3/9/2021 006887 UNION BANK OF CALIFORNIA 013338 APPLE STORE 018185 BLUEBEAM INC 017300 ADOBE.COM 017300 ADOBE.COM 017300 ADOBE.COM 017300 ADOBE.COM 017300 ADOBE.COM 017300 ADOBE.COM 017300 ADOBE.COM 019588 VERIATO, INC. 017300 ADOBE.COM 022444 REV.COM 017300 ADOBE.COM 017300 ADOBE.COM 017300 ADOBE.COM 017300 ADOBE.COM 10704 3/19/2021 000262 RANCHO CALIF WATER DISTRICT 10745 3/25/2021 000246 PERS (EMPLOYEES' RETIREMENT) 10753 3/18/2021 002390 EASTERN MUNICIPAL WATER DIST 10754 3/18/2021 002390 EASTERN MUNICIPAL WATER DIST 10755 3/18/2021 002390 EASTERN MUNICIPAL WATER DIST (Continued) Description Amount Paid Check Total MH CREATIVE CLOUD LICENSE: -25.98 LIBRARY MH BLUEBEAM STUDIO PRIME:BLDG & 2,340.00 SFTY MH CREATIVE CLOUD LICENSE: 359.88 LIBRARY MH CREATIVE CLOUD LICENSE: 359.88 LIBRARY MH CREATIVE CLOUD LICENSE: 359.88 LIBRARY MH CREATIVE CLOUD LICENSE: 359.88 LIBRARY MH CREATIVE CLOUD LICENSE: 359.88 LIBRARY MH CREATIVE CLOUD LICENSE: 359.88 LIBRARY MH CREATIVE CLOUD LICENSE: 359.88 LIBRARY MH MONITORING SOFTWARE 150.00 MH CREATIVE CLOUD LICENSE: 359.88 LIBRARY MH CAPTIONING SVC: LIVE MTGS: 20.00 INFO TECH MH CREATIVE CLOUD LICENSE: 359.88 LIBRARY MH CREATIVE CLOUD LICENSE: 359.88 LIBRARY MH CREATIVE CLOUD LICENSE: 359.88 LIBRARY MH CREATIVE CLOUD LICENSE: 359.88 LIBRARY VARIOUS FEB WATER 3026656 31367 8,849.92 LA PIERS RETIREMENT PAYMENT 113,026.70 FEB WATER SVCS STA 95 32131 S 45.92 LOOP RD FEB WATER SVCS STA 95 32131 S 79.51 LOOP RD FEB WATER SVCS 31991 RORIPAUGH 91.52 VALLEY RD 6,802.58 8,849.92 113,026.70 45.92 79.51 91.52 Page:3 apChkLst Final Check List Page: 4 03/25/2021 4:15:45PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 10756 3/18/2021 002390 EASTERN MUNICIPAL WATER FEB WATER SVCS 39656 DIEGO DR DIST 10757 3/18/2021 018858 FRONTIER CALIFORNIA INC MAR INTERNET SVCS- EOC 10758 3/18/2021 002390 EASTERN MUNICIPAL WATER FEB WATER SVCS STA 95 32131 S DIST LOOP RD 10759 3/18/2021 002390 EASTERN MUNICIPAL WATER FEB WATER SVCS- 31991 RORIPAUGH DIST VALLEY 10760 3/18/2021 010276 TIME WARNER CABLE MAR INTERNET SVCS 28816 PUJOL ST 10761 3/19/2021 000537 SO CALIF EDISON FEB 2-30-066-2889 30051 RANCHO VISTA RD 10762 3/19/2021 000537 SO CALIF EDISON FEB 2-40-765-3021 28916 PUJOL ST 10763 3/19/2021 000537 SO CALIF EDISON FEB 2-40-765-3179 28922 PUJOL ST 10764 3/19/2021 010276 TIME WARNER CABLE MAR INTERNET SVCS STA 95 32131 S LOOP RD 10765 3/19/2021 000537 SO CALIF EDISON FEB 2-02-351-5281 30875 RANCHO VISTA 10766 3/22/2021 018858 FRONTIER CALIFORNIA INC MAR INTERNET SVCS- LIBRARY 10767 3/22/2021 018858 FRONTIER CALIFORNIA INC MAR INTERNET SVCS- LIBRARY 10768 3/22/2021 000537 SO CALIF EDISON FEB 2-29-223-9571 30395 MURRIETA HOT SPR 10769 3/22/2021 000537 SO CALIF EDISON FEB 2-31-419-2659 26706 YNEZ RD 10770 3/22/2021 000537 SO CALIF EDISON FEB 2-41-578-1897 32005 MURRIETA HOT SPR 10771 3/22/2021 000537 SO CALIF EDISON FEB 2-29-974-7899 26953 YNEZ RD 10772 3/22/2021 010276 TIME WARNER CABLE MAR INTERNET SVCS 41000 MAIN ST Amount Paid Check Total 105.54 105.54 158.19 158.19 183.04 183.04 323.93 323.93 598.64 598.64 15.97 15.97 44.54 44.54 107.05 107.05 239.66 239.66 3,944.49 3,944.49 5.31 5.31 5.31 5.31 29.67 29.67 137.89 137.89 141.43 141.43 190.44 190.44 264.38 264.38 Page:4 apChkLst Final Check List Page: 5 03/25/2021 4:15:45PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 10773 3/22/2021 000537 SO CALIF EDISON FEB 2-30-608-9384 28582 HARVESTON DR 10774 3/22/2021 000537 SO CALIF EDISON FEB 2-28-171-2620 40820 WINCHESTER RD 10775 3/22/2021 000537 SO CALIF EDISON FEB 2-05-791-8807 31587 TEMECULA PKWY 10785 3/23/2021 020062 MEDLINE INDUSTRIES INC QE DEC 2020 SALES TAX PHS 205101 3/25/2021 020724 79 FIELD HOCKEY INC TCSD INSTRUCTOR EARNINGS 205102 3/25/2021 022345 ADKINS, RALPH REFUND: ROD RUN CANCELLED 205103 3/25/2021 022422 ADLER, RON REFUND: ROD RUN CANCELLED 205104 3/25/2021 022430 ALLEN, STACY REFUND: ROD RUN CANCELLED 205105 3/25/2021 022357 ALVARADO, RICHARD REFUND: ROD RUN CANCELLED 205106 3/25/2021 007282 AMAZON CAPITAL SERVICES MISC OFC SUPPLIES - CHIEF/BC INC SUMMER DAY CAMP SUPPLIES: CRC BOOKS RHRTPL: LIBRARY MISC SUPPLIES: CRC SUMMER DAY CAMP SUPPLIES: CRC MISC OFC SUPPLIES: CITY CLERK MISC. SUPPLIES: CRC 205107 3/25/2021 000936 AMERICAN RED CROSS, STAFF/LIFEGUARDS CERTS: HEALTH AND SAFETY SVCS AQUATICS 205108 3/25/2021 022352 AMSLER, RAY REFUND: ROD RUN CANCELLED 205109 3/25/2021 017797 ARTHUR J. GALLAGHER & CO., 19/20 APD AUDIT PREMIUM INSURANCE BROKERS OF CA 205110 3/25/2021 017149 B G P RECREATION INC TCSD INSTRUCTOR EARNINGS 205111 3/25/2021 011666 B P S TACTICAL INC LOAD BEARING VEST COVERS - TRAFFIC: PD Amount Paid Check Total 354.83 354.83 465.36 465.36 9,841.77 9,841.77 318,711.00 318,711.00 1,764.00 1,764.00 35.00 35.00 50.00 50.00 35.00 35.00 35.00 35.00 126.56 2,109.11 51.59 48.85 1,103.44 243.58 268.98 3,952.11 440.00 440.00 35.00 35.00 1,494.00 1,494.00 1,481.00 1,481.00 541.58 541.58 Page:5 apChkLst Final Check List Page: 6 03/25/2021 4:15:45PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 205112 3/25/2021 022350 BAGAPORO, RAUL 205113 3/25/2021 011954 BAKER AND TAYLOR INC 205114 3/25/2021 022488 BIKE SHOP OF TEMECULA, THE 205115 3/25/2021 022335 BORLAND, RYAN 205116 3/25/2021 003048 BOYS AND GIRLS CLUB, OF SOUTHWEST COUNTY 205117 3/25/2021 022462 BRENNER, TED 205118 3/25/2021 022367 BROWN, RICK 205119 3/25/2021 022338 BRUNOEHLER, SCOTT 205120 3/25/2021 022389 BURRESCIA, ROBERT 205121 3/25/2021 022390 CANNON, ROBERT 205122 3/25/2021 020374 CARLI, TED 205123 3/25/2021 022134 CARPENTER, TY 205124 3/25/2021 022139 CARPENTER, WALTER 205125 3/25/2021 018828 CASC ENGINEERING AND, CONSULTING INC (Continued) Description REFUND: ROD RUN CANCELLED BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY BOOK COLLECTIONS: LIBRARY BICYCLE TUNE-UPS: TEM SHERIFF BICYCLE TUNE-UPS: TEM SHERIFF BICYCLE TUNE-UPS: TEM SHERIFF BICYCLE TUNE-UPS: TEM SHERIFF BICYCLE TUNE-UPS: TEM SHERIFF BICYCLE TUNE-UPS: TEM SHERIFF BICYCLE TUNE-UPS: TEM SHERIFF REFUND: ROD RUN CANCELLED COMM SVC FUNDING: CITY CNCL REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED WQMP PLAN CK: BUTTERIFLED STG PW15-11 Amount Paid Check Total 35.00 99.42 15.57 59.19 248.26 647.80 50.00 50.00 104.74 50.00 98.03 50.00 50.00 35.00 5,000.00 70.00 35.00 35.00 140.00 35.00 35.00 35.00 100.00 3,082.50 35.00 1,070.24 452.77 35.00 5,000.00 70.00 35.00 35.00 140.00 35.00 35.00 35.00 100.00 3,082.50 Page.-6 apChkLst Final Check List Page: 7 03/25/2021 4:15:45PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 205126 3/25/2021 004462 CDW LLC, DBACDW GOVERNMENT LLC 205127 3/25/2021 022136 CICCIA, VINCE 205128 3/25/2021 012627 CLEAR IMAGE ENTERPRISES INC, DBA:CLEAR IMAGE WINDOW CL 205129 3/25/2021 022358 CLEVELAND, RICHARD 205130 3/25/2021 003997 COAST RECREATION INC 205131 3/25/2021 022141 COFFMAN, WILLIAM 205132 3/25/2021 022408 COMBE, ROBERT 205133 3/25/2021 022248 COOK, ROWENA 205134 3/25/2021 022464 CORNELL, THOMAS 205135 3/25/2021 022247 CORTEZ, ROSE 205136 3/25/2021 022145 CSIK, ZOLI 205137 3/25/2021 003561 D F M ASSOCIATES 205138 3/25/2021 020879 DANERS, WILLIAM 205139 3/25/2021 022409 DANKO, ROBERT (Continued) Description MISC SMALL TOOLS & EQUIP:INFO TECH MISC SMALL TOOLS & EQUIP:INFO TECF KEYBOARD & MOUSE REPLACEMENT: 11 MISC SMALL TOOLS & EQUIP:INFO TECF MISC SMALL TOOLS & EQUIP:INFO TECF TV REPLACEMENT:PD MALL CMPTR LOAN PURCHASE: MENZIMER, k CMPTR LOAN PURCHASE: MENZIMER, k MISC SMALL TOOLS & EQUIP:INFO TECF MISC SMALL TOOLS & EQUIP:INFO TECF MISC SMALL TOOLS & EQUIP:INFO TECF MISC SMALL TOOLS & EQUIP: INFO TECI REFUND: ROD RUN CANCELLED PRESSURE WASH BLDG EXTERIORS: CIVIC CTR REFUND: ROD RUN CANCELLED BENCHES/TABLES: PW PARKS REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED 2021 CA ELECTIONS CODE BOOK: CITY CLERK REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED Amount Paid Check Total 745.64 -1,450.71 360.09 112.81 184.86 3,481.00 1,680.03 50.57 178.63 15.01 60.65 -112.81 50.00 185.00 35.00 15,278.98 35.00 35.00 35.00 35.00 35.00 50.00 59.81 50.00 50.00 5,305.77 50.00 185.00 35.00 15,278.98 35.00 35.00 35.00 35.00 35.00 50.00 59.81 50.00 50.00 Page:? apChkLst 03/25/2021 4:15:45PM Final Check List CITY OF TEMECULA Page: 8 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 205140 3/25/2021 001233 DANS FEED AND SEED INC MISC SUPPLIES: PW STREET MAINT 24.22 24.22 205141 3/25/2021 002990 DAVID TURCH AND FEB FEDERAL LOBBYING SVCS: CITY 5,500.00 5,500.00 ASSOCIATES MGR 205142 3/25/2021 022130 DE MARTINO, TONY REFUND: ROD RUN CANCELLED 35.00 35.00 205143 3/25/2021 022339 DITTMER, SCOTT REFUND: ROD RUN CANCELLED 35.00 35.00 205144 3/25/2021 022426 DOVE, SHAUN REFUND: ROD RUN CANCELLED 35.00 35.00 205145 3/25/2021 022288 ELLIS, RUSTY REFUND: ROD RUN CANCELLED 35.00 35.00 205146 3/25/2021 022431 ENGSTROM, STAN REFUND: ROD RUN CANCELLED 35.00 35.00 205147 3/25/2021 022386 ESTRADA, RICK REFUND: ROD RUN CANCELLED 50.00 50.00 205148 3/25/2021 022434 EVARTS, STEVE REFUND: ROD RUN CANCELLED 35.00 35.00 205149 3/25/2021 016780 FIELDTURF USA, INC. FIELD SANITIZATION: FIELD 3: PBSP 1,650.00 FIELD SANITIZATION: FIELD 4: PBSP 1,650.00 FIELD SANITIZATION: FIELD 1: PBSP 1,650.00 FIELD SANITIZATION: FIELD 2: PBSP 1,650.00 6,600.00 205150 3/25/2021 022432 FITZGERALD, STEPHEN REFUND: ROD RUN CANCELLED 70.00 70.00 205151 3/25/2021 016184 FUN EXPRESS LLC, MISC SUPPLIES - SUMMER DAY CAMP: 74.58 74.58 SUBSIDIARY OF ORIENTAL TR CRC 205152 3/25/2021 022467 FYFFE, TIM REFUND: ROD RUN CANCELLED 35.00 35.00 205153 3/25/2021 001937 GALLS LLC UNIFORM:TEM SHERIFF VEH 254.69 254.69 INSPECTOR 205154 3/25/2021 010452 GAYLORD BROS INC MISC SUPPLIES TVM /ACE: TVM 124.62 124.62 205155 3/25/2021 022340 GOMPPER, SCOTT REFUND: ROD RUN CANCELLED 35.00 35.00 205156 3/25/2021 019721 GOVCONNECTION INC TELECONFERENCING EQUIP: PD MALL 575.85 TELECONFERENCING EQUIP: PD MALL 1,303.89 1,879.74 Page:8 apChkLst Final Check List Page: 9 03/25/2021 4:15:45PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 205157 3/25/2021 022471 GREEN, TODD 205158 3/25/2021 022410 GRIEB, ROBERT 205159 3/25/2021 022341 GUDMUNDSON, SCOTT 205160 3/25/2021 022411 GUTIERREZ, ROBERT 205161 3/25/2021 003342 HABITAT FOR HUMANITY, INLAND VALLEY INC 205162 3/25/2021 022435 HAGGERTY, STEVE 205163 3/25/2021 022472 HAINLEN, TODD 205164 3/25/2021 018019 HANAPS ENTERPRISES 205165 3/25/2021 022360 HARRIS, RICHARD 205166 3/25/2021 022463 HARRIS, TERRY 205167 3/25/2021 022412 HARRISON, ROBERT 205168 3/25/2021 022460 HEINZEL, SUSANNE 205169 3/25/2021 022246 HENNE, RONDA 205170 3/25/2021 022344 HICKS, PIERRE 205171 3/25/2021 022436 HINKLE, STEVE 205172 3/25/2021 022336 HITCHCOCK, SAM 205173 3/25/2021 022413 HOLTZ, ROBERT 205174 3/25/2021 003198 HOME DEPOT (Continued) Description Amount Paid Check Total REFUND: ROD RUN CANCELLED 35.00 35.00 REFUND: ROD RUN CANCELLED 35.00 35.00 REFUND: ROD RUN CANCELLED 35.00 35.00 REFUND: ROD RUN CANCELLED 35.00 35.00 COMM SVC FUNDING: CITRY CNCL 5,000.00 5,000.00 REFUND: ROD RUN CANCELLED 35.00 35.00 REFUND: ROD RUN CANCELLED 35.00 35.00 SOUND/LIGHTING SUPPLIES: 3,391.22 3,391.22 THEATER REFUND: ROD RUN CANCELLED 35.00 35.00 REFUND: ROD RUN CANCELLED 35.00 35.00 REFUND: ROD RUN CANCELLED 35.00 35.00 REFUND: ROD RUN CANCELLED 100.00 100.00 REFUND: ROD RUN CANCELLED 35.00 35.00 REFUND: ROD RUN CANCELLED 35.00 35.00 REFUND: ROD RUN CANCELLED 35.00 35.00 REFUND: ROD RUN CANCELLED 35.00 35.00 REFUND: ROD RUN CANCELLED 35.00 35.00 MISC TOOLS: PW FACILITIES CIVIC 785.18 785.18 CTR Page9 apChkLst Final Check List Page: 10 03/25/2021 4:15:45PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 205175 3/25/2021 022424 HORST, RONALD 205176 3/25/2021 017334 HOUSE OF AUTOMATION INC 205177 3/25/2021 022346 HUDSON, RANDY 205178 3/25/2021 022468 HUIZENGA, TIM 205179 3/25/2021 013286 INTRADO LIFE & SAFETY INC 205180 3/25/2021 018352 JAMES ELLIOTT ENTERTAINMENT 205181 3/25/2021 022469 JENNINGS, TIMMY 205182 3/25/2021 021896 JP HANDMADE CORP, DBA MINUTEMAN PRESS 205183 3/25/2021 022428 KEITH, SIDNEY 205184 3/25/2021 022465 KELCEY, THOMAS 205185 3/25/2021 020993 KLIPPEL, SHAUNA MAUREEN 205186 3/25/2021 017118 KRACH BREE B, DBA TEMECULA TROPHY& DES 205187 3/25/2021 022414 KUSHNER, ROBERT 205188 3/25/2021 022427 LARSON, SHAWN 205189 3/25/2021 022131 LEAL, TONY 205190 3/25/2021 022415 LENTZ, ROBERT 205191 3/25/2021 022347 LEWIS, RANDY (Continued) Description Amount Paid Check Total REFUND: ROD RUN CANCELLED 50.00 50.00 BAY DOOR REPAIR - STA 84 472.29 BAY DOOR REPAIR - STA 84 298.00 770.29 REFUND: ROD RUN CANCELLED 35.00 35.00 REFUND: ROD RUN CANCELLED 50.00 50.00 MAR ENTERPRISE 911 SVC: IT 300.00 300.00 THEATER PERFORMANCE: DEJAVU: 1,000.00 1,000.00 03/18 REFUND: ROD RUN CANCELLED 35.00 35.00 BUSINESS CARDS - PREVENTION: 55.91 55.91 FIRE REFUND: ROD RUN CANCELLED 35.00 35.00 REFUND: ROD RUN CANCELLED 35.00 35.00 REFUND: LIFEGUARD TRAINING 175.00 175.00 SESSION 5 ENGRAVING SVCS: CITY CNCL -2.72 ENGRAVING SVCS: CITY CNCL 10.88 NAMPLATES - FIRE STA 95 55.46 CREDIT -13.87 49.75 REFUND: ROD RUN CANCELLED 35.00 REFUND: ROD RUN CANCELLED 35.00 70.00 REFUND: ROD RUN CANCELLED 35.00 35.00 REFUND: ROD RUN CANCELLED 100.00 100.00 REFUND: ROD RUN CANCELLED 175.00 175.00 REFUND: ROD RUN CANCELLED 35.00 35.00 Page:10 apChkLst Final Check List Page: 11 03/25/2021 4:15:45PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 205192 3/25/2021 022138 LEWIS, WALT 205193 3/25/2021 022416 LOBATO, ROBERT 205194 3/25/2021 022466 LOFTIN, THOMAS 205195 3/25/2021 022359 LUND, RICHARD 205196 3/25/2021 013982 M C I COMM SERVICE 205197 3/25/2021 022128 MACIAS, TOM 205198 3/25/2021 022362 MADLOCK, RICHARD 205199 3/25/2021 003782 MAIN STREET SIGNS, DBA ATHACO INC 205200 3/25/2021 022342 MAIZLISH, SCOTT 205201 3/25/2021 022356 MCCOLLOM, RICH 205202 3/25/2021 022439 MCGINNIS, STEVEN 205203 3/25/2021 018675 MDG ASSOCIATES INC 205204 3/25/2021 022142 MELLOR, WILLIAM 205205 3/25/2021 022355 MENDEZ, REY 205206 3/25/2021 021569 MENDOZA, REYNALDO 205207 3/25/2021 018314 MICHAEL BAKER INTERNATIONAL 205208 3/25/2021 013443 MIDWEST TAPE LLC (Continued) Description REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED MAR XXX-0346 GEN USAGE MAR XXX-0714 GEN USAGE PD MALL AL REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED CITY STREET SIGNAGE: PW STREET MAINT VARIOUS SIGNS & SUPPLIES: PARKS REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED FEB LABOR COMPLIANCE MONITOR SVC:ADA REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED REFUND: CANCELLED EVENT ATTCC consultant svcs-ROW closeout:pw-cip BOOKS ON TAPE: LIBRARY Amount Paid Check Total 35.00 50.00 50.00 35.00 35.00 35.00 35.00 37.17 34.45 50.00 50.00 12,119.72 147.19 35.00 35.00 100.00 66.75 35.00 35.00 732.00 2,459.28 33.81 35.00 50.00 50.00 140.00 71.62 50.00 50.00 12,266.91 35.00 35.00 100.00 66.75 35.00 35.00 732.00 2,459.28 33.81 Page:11 apChkLst Final Check List Page: 12 03/25/2021 4:15:45PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 205209 3/25/2021 022387 MIRELES, RICKY 205210 3/25/2021 022135 MOEDANO, VALERIA 205211 3/25/2021 022425 MORRISON, RONALD 205212 3/25/2021 022137 MUSARACA, VINCE 205213 3/25/2021 022354 NASH, RAYMOND 205214 3/25/2021 020349 NETFILE INC 205215 3/25/2021 017148 OAKLEY SALES CORP (Continued) Description REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED E-FILING SYSTEM: CITY CLERK GLOVES & GLASSES FOR MOTORS: POLICE 205216 3/25/2021 022351 ORTIZ, RAUL REFUND: ROD RUN CANCELLED 205217 3/25/2021 022353 OUELLETTE, RAY REFUND: ROD RUN CANCELLED 205218 3/25/2021 022249 PARGA, RUBEN REFUND: ROD RUN CANCELLED 205219 3/25/2021 022470 PEARCE, TIMOTHY REFUND: ROD RUN CANCELLED 205220 3/25/2021 022129 PELUSO, TOM REFUND: ROD RUN CANCELLED 205221 3/25/2021 011737 PERLMUTTER PURCHASING BATTERIES: LAPTOP & PRINTER FOR POWER, AKA MARK J TEM SHERI PERLMUTTER 205222 3/25/2021 019201 PINA, RUBEN REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED 205223 3/25/2021 022140 POWELL, WAYNE REFUND: ROD RUN CANCELLED 205224 3/25/2021 022388 RABENSTON, ROB REFUND: ROD RUN CANCELLED 205225 3/25/2021 022417 RADCLIFFE, ROBERT REFUND: ROD RUN CANCELLED 205226 3/25/2021 010214 RADY CHILDRENS HOSPITAL- FY20/21 COMMUNITY SRVC FUNDING SD, PATIENT BUSINESS SVCS Amount Paid Check Total 35.00 150.00 35.00 35.00 35.00 3,253.33 212.06 35.00 50.00 35.00 35.00 35.00 451.94 50.00 50.00 35.00 35.00 35.00 1,007.00 35.00 150.00 35.00 35.00 35.00 3,253.33 212.06 35.00 50.00 35.00 35.00 35.00 451.94 100.00 35.00 35.00 35.00 1,007.00 Page:12 apChkLst Final Check List Page: 13 03/25/2021 4:15:45PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 205227 3/25/2021 022423 REBEL, RON 205228 3/25/2021 022418 RIGGIN, ROBERT 205229 3/25/2021 000353 RIVERSIDE CO AUDITOR, CONTROLLER 205230 3/25/2021 000406 RIVERSIDE CO SHERIFFS DEPT 205231 3/25/2021 022495 RIVERSIDE CO SHERIFF'S-GREYBAR 205232 3/25/2021 022363 RODRIQUEZ, RICHARD 205233 3/25/2021 000278 SAN DIEGO UNION -TRIBUNE 205234 3/25/2021 022286 SANDOVAL, RUDY 205235 3/25/2021 022433 SANTILLAN, STEPHEN 205236 3/25/2021 017699 SARNOWSKI SHAWNA M PRESTON 205237 3/25/2021 022348 SCOTT, RANDY 205238 3/25/2021 022421 SEELEY, ROGER 205239 3/25/2021 022419 SHEEDY ROBERT 205240 3/25/2021 013695 SHRED -IT US JV LLC, DBA: SHRED -IT USA LLC 205241 3/25/2021 022287 SMITH, RUSSELL (Continued) Description REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED OCT'20 PRKG CITATION ASSESSMENTS NOV'20 PRKG CITATION ASSESSMENTS SEPT'20 PRKG CITATION ASSESSMENT: JUN '20 PRKG CITATION ASSESSMENTS JUL'20 PRKG CITATION ASSESSMENTS DEC'20 PRKG CITATION ASSESSMENTS JAN '21 PRKG CITATION ASSESSMENTS FEB'21 PRKG CITATION ASSESSMENTS AUG '20 PRKG CITATION ASSESSMENTS BICYCLE PATROL COURSE 8 POLICE 4/5-8 BUSINESS CARDS: TEM SHERIFF REFUND: ROD RUN CANCELLED FEB BID AD: S. HICKS PRK, PW20-12 FEB PUBLIC NTC ADS: PLANNING REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED PHOTOGRAPHY SRVCS: THEATER PHOTOGRAPHY SRVCS: CMO/COUNCIL REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED 3/1-15 DOC SHRED SRVCS: POLICE SUBSTNS REFUND: ROD RUN CANCELLED Amount Paid Check Total 35.00 105.00 2,644.50 3,290.00 2,538.00 4,857.50 3,279.50 4,112.25 4,038.50 3,047.00 2,876.00 4,272.00 109.91 35.00 389.33 196.15 70.00 50.00 300.00 350.00 105.00 35.00 35.00 42.24 35.00 35.00 105.00 30,683.25 4,272.00 109.91 35.00 585.48 70.00 50.00 650.00 105.00 35.00 35.00 42.24 35.00 Page:13 apChkLst Final Check List Page: 14 03/25/2021 4:15:45PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 205242 3/25/2021 000519 SOUTH COUNTY PEST MAR PEST CONTROL SRVCS: STA 84 CONTROL INC MAR PEST CONTROL SRVCS: STA 73 205243 3/25/2021 013351 SPECIAL OLYMPICS SO CALIF FY20/21 COMMUNITY SRVC FUNDING INC 205244 3/25/2021 019250 ST FRANCIS ELECTRIC LLC TRAFFIC POLE REPLACEMENT: TEM PKWY 205245 3/25/2021 008337 STAPLES BUSINESS CREDIT OFFICE SUPPLIES: PW LAND DEV 205246 3/25/2021 022337 STEVENS, SCOT REFUND: ROD RUN CANCELLED 205247 3/25/2021 022437 STILLSON, STEVE REFUND: ROD RUN CANCELLED 205248 3/25/2021 022429 STOWERS, SONNY REFUND: ROD RUN CANCELLED 205249 3/25/2021 022461 SULLINS, TARA REFUND: ROD RUN CANCELLED 205250 3/25/2021 022343 SULLIVAN, SEAN REFUND: ROD RUN CANCELLED 205251 3/25/2021 000515 TEMECULA VALLEY CHAMBER FY20/21 Q4 SPONSORSHIP: ECON DEV OF, COMMERCE 205252 3/25/2021 003941 TEMECULA WINNELSON PLUMBING SUPPLIES: VARIOUS COMPANY PARKS PLUMBING SUPPLIES: VARIOUS PARKS 205253 3/25/2021 022440 TERRY SR, STEVEN REFUND: ROD RUN CANCELLED 205254 3/25/2021 022438 TEXEIRA, STEVE REFUND: ROD RUN CANCELLED 205255 3/25/2021 005810 TITOS AUTO UPHOLSTERY VEHICLE UPHOLSTERY REPAIR: PW PARKS 205256 3/25/2021 022364 TOWNSEND, RICHARD REFUND: ROD RUN CANCELLED 205257 3/25/2021 010046 TV CONVENTION &VISITORS JAN'21 BUS. IMPRV DISTRICTASMNTS BUREAU, DBA VISIT TEMECULA VALLEY Amount Paid Check Total 80.00 68.00 148.00 4,275.00 4,275.00 4,534.74 4,534.74 95.09 95.09 70.00 70.00 50.00 50.00 35.00 35.00 35.00 35.00 35.00 35.00 50,000.00 50,000.00 34.04 1,097.62 1,131.66 50.00 50.00 50.00 50.00 543.37 543.37 35.00 35.00 79,400.26 79,400.26 Page:14 apChkLst 03/25/2021 4:15:45PM Final Check List CITY OF TEMECULA Page: 15 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 205258 3/25/2021 022102 UNITED PARCEL SERVICES EXPRESS MAIL SRVCS: THEATER 142.54 INC EXPRESS MAIL SRVCS: F.V.PKWY, PW19 23.24 EXPRESS MAIL SRVCS: CITY CLERK 10.56 EXPRESS MAIL SRVCS: INFO TECH 12.48 188.82 205259 3/25/2021 020963 UPTOWN TEMECULAAUTO FEB VEHICLE DETAILING SVCS: 56.00 SPA LLC MEDIC/PREV FEB VEHICLE DETAILING SVCS: PW CIP 4.00 FEB VEHICLE DETAILING SVCS: TCSD 8.00 FEB VEHICLE DETAILING SVCS: B&S 4.00 FEB VEHICLE DETAILING SVCS: PW FAC 12.00 FEB VEHICLE DETAILING SVCS: PW STR 8.00 92.00 205260 3/25/2021 021957 US AIR CONDITIONING, MISC PARTS FOR HVAC UNITS: CIVIC 230.47 DISTRIBUTORS LLC CTR MISC PARTS FOR HVAC UNITS: CIVIC Cl 24.66 255.13 205261 3/25/2021 020850 VARIABLE SPEED SOLUTIONS FOUNTAIN MAINT: HARVESTON LAKE 385.00 385.00 INC 205262 3/25/2021 022365 VILLA, RICHARD REFUND: ROD RUN CANCELLED 35.00 35.00 205263 3/25/2021 001890 VORTEX INDUSTRIES INC GATE REPAIR: STA92 612.91 612.91 205264 3/25/2021 022334 WALL, RUSTY REFUND: ROD RUN CANCELLED 175.00 175.00 205265 3/25/2021 020875 WALLEN, ROY REFUND: ROD RUN CANCELLED 50.00 50.00 205266 3/25/2021 022349 WALTERS, RANDY REFUND: ROD RUN CANCELLED 35.00 35.00 205267 3/25/2021 019206 WEBER, ROBERT REFUND: ROD RUN CANCELLED 50.00 50.00 205268 3/25/2021 008668 WES FLOWERS SUNSHINE FUND 99.49 99.49 205269 3/25/2021 022459 WHITBY, STEVEN REFUND: ROD RUN CANCELLED 50.00 50.00 205270 3/25/2021 022420 WONG, ROBERT REFUND: ROD RUN CANCELLED 35.00 35.00 205271 3/25/2021 022144 WOOD, WINFIELD REFUND: ROD RUN CANCELLED 50.00 50.00 205272 3/25/2021 022132 WOODRUFF, TONY REFUND: ROD RUN CANCELLED 35.00 35.00 Page:15 apChkLst Final Check List Page: 16 03/25/2021 4:15:45PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 205273 3/25/2021 022143 YOUNT, WILLIAM 205274 3/25/2021 022133 ZEPEDA, TONY (Continued) Description REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED REFUND: ROD RUN CANCELLED Amount Paid Check Total 35.00 35.00 35.00 35.00 70.00 Grand total for UNION BANK: 738,089.21 Page:16 apChkLst Final Check List Page: 17 03/25/2021 4:15:45PM CITY OF TEMECULA 206 checks in this report. Grand Total All Checks: 738,089.21 Page:17 apChkLst Final Check List Page: 1 03/23/2021 2:17:07PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor Description 500296 3/25/2021 021383 AMERICAN RAMP COMPANY RET REL: MINI PUMP TRACK PW20-09 INC 500297 3/25/2021 021670 ANLIND OF TEMECULA INC, VEHICLE MAINT & REPAIR: TEM TEMECULA HARLEY-DAVIDSON 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 500298 3/25/2021 013950 AQUA CHILL OF SAN DIEGO MAR DRINKING WTR SYS MAINT: MPSC MAR DRINKING WTR SYS MAINT: FOC MAR DRINKING WTR SYS MAINT: AQUAT MAR DRINKING WTR SYS MAINT: TPL MAR DRINKING WTR SYS MAINT: THEAT MAR DRINKING WTR SYS MAINT: CIVIC ( MAR DRINKING WTR SYS MAINT: STORE MAR DRINKING WTR SYS MAINT: JRC MAR DRINKING WTR SYS MAINT: TVM MAR DRINKING WTR SYS MAINT: INFO T MAR DRINKING WTR SYS MAINT: TCC MAR DRINKING WTR SYS MAINT: PW 500299 3/25/2021 018408 BOB CALLAHAN'S POOL MAR POOL MAINT SVC: PW SERVICE MAR FOUNTAIN MAINT SVC: PW 500300 3/25/2021 004248 CALIF DEPT OF FEB BLOOD & ALCOHOL ANALYSIS: PD JUSTICE-ACCTING SEP BLOOD &ALCOHOL ANALYSIS: PD 500301 3/25/2021 010650 CRAFTSMEN PLUMBING & Roof Work: 3rd Fir Civic Center Patio HVAC INC 500302 3/25/2021 020648 DG INVESTMENT HOLDINGS 2 INC, CONVERGINT TECHNOLOGIES 500303 3/25/2021 004192 DOWNS ENERGY FUEL 500304 3/25/2021 021412 EIDE BAILLY LLP CITYWIDE SURVEILLANCE FUEL FOR CITY VEHICLES: TCSD FUEL FOR CITY VEHICLES: PARK MAINT FUEL FOR CITY VEHICLES: TCSD CITY AUDITOR SVCS: SINGLE AUDIT CITY AUDITOR SRVCS: FINANCIAL REPC Amount Paid Check Total 3,000.00 37.25 269.16 283.33 540.57 337.20 228.45 38.88 482.10 357.32 34.75 28.28 67.34 28.28 28.28 183.71 56.57 28.28 28.28 28.28 28.28 28.28 1,100.00 950.00 490.00 70.00 6,400.00 2,825.41 441.15 1,398.11 363.87 3,500.00 5,900.00 3,000.00 2,574.26 568.61 2,050.00 560.00 6,400.00 2,825.41 2,203.13 9,400.00 Page:1 apChkLst Final Check List Page: 2 03/23/2021 2:17:07PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description 500305 3/25/2021 018098 ELITE CLAIMS MANAGEMENT FEB'21 3RD PARTY CLAIM ADMIN: INC WRKRS COM 500306 3/25/2021 002577 ENGINEERING RESOURCES, ENG SVCS: BIKE TRAIL PGM: PW19-11 OF SOUTHERN CALIF., INC. 500308 3/25/2021 001056 EXCEL LANDSCAPE INC LDSCP IMPROVEMENTS: HARVESTON MAR LDSCP MAINT: I15/79S INTRCHG Mi MAR LDSCP MAINT: CITY FAC MAR OVERLAND EXTENSION PROJ LDS MAR LDSCP MAINT: PARKS/MEDIANS PV MAR LDSCP MAINT SLOPES: PW LDSCP IMPROVEMENTS: TPL LDSCP IMPROVEMENTS: HARVESTON MAR LDSCP MAINT: PARKS/MEDIANS: P\ MAR LDSCP MAINT SLOPES: PW MAR LDSCP MAINT: PARKS/MEDIANS PV IRRIGATION REPAIRS: VARI LOCATIONS 500309 3/25/2021 014865 FREIZE UHLER KIMBERLY DBA, EMBROIDERY SVCS: POLO SHIRTS: CLEAR BLUE PROMOTIONS HR EMBROIDERY SVCS: POLO SHIRTS: HR 500310 3/25/2021 021308 GILLIS + PANICHAPAN ARCHITECTURAL SVCS: CRC PW19-07 ARCHITECTS, INC 500311 3/25/2021 000177 GLENNIES OFFICE PRODUCTS OFC SUPPLIES: INFO TECH INC 500312 3/25/2021 004890 GOLDEN STATE FIRE ANNUAL SPRINKLER INSPECTIONS: PROTECTION TVM 500313 3/25/2021 020673 INTEGRITY SUPPORT Pre -Employment Screenings - HR SERVICES INC, EMPLOYMENT SCREENING RESO 500314 3/25/2021 012285 JOHNSTONE SUPPLY MISC SUPPLIES: FOC MISC SUPPLIES: PARKING GARAGE MISC SUPPLIES: PARKING GARAGE MISC SUPPLIES: FOC MISC SUPPLIES: MPSC 500315 3/25/2021 000482 LEIGHTON CONSULTING INC GEOTECH REVIEW JEFFERSON GAS STN 500316 3/25/2021 004141 MAINTEX INC CLEANING SUPPLIES: TPL 500317 3/25/2021 000944 MCCAIN TRAFFIC SUPPLY INC MISC TRAFFIC SIGNAL EQUIPMENT TRAFFIC CABINET: MARGARITA/LASERE Amount Paid Check Total 1,250.00 1,250.00 3,603.00 3,603.00 6,808.00 8,550.00 12, 631.84 300.00 58,560.46 24,702.75 3,396.00 2,450.00 21,133.27 40,678.18 56,831.22 462.69 236,504.41 53.00 84.54 137.54 13,005.00 13,005.00 35.95 35.95 870.00 870.00 101.41 101.41 46.01 88.35 35.43 86.78 74.28 330.85 3,500.00 3,500.00 3,709.30 3,709.30 224.03 2,248.36 2,472.39 Paget apChkLst Final Check List Page: 3 03/23/2021 2:17:07PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description 500318 3/25/2021 004040 MORAMARCO ANTHONY J, ART WORKSHOPS: ARTS & CULTURE DBA BIGFOOT GRAPHICS EVENTS 500319 3/25/2021 021998 OLD TOWN TIRE AND SERVICE CITY VEHICLE MAINT SVCS: PW FACS INC CITY VEHICLE MAINT SVCS: PW STREEI 500320 3/25/2021 006552 PAINTED EARTH TEM. ASSIST JOB RET. GRANT RECIPIENT 500321 3/25/2021 003591 RENES COMMERCIAL HOMELESS ENCAMPMENTS: 3-MURR MANAGEMENT CRK 1/15 HOMELESS ENCAMPMENTS:SITES 7-10, HOMELESS ENCAMPMENTS: 1-MURR CI HOMELESS ENCAMPMENTS: 2-MURR CI 500322 3/25/2021 002412 RICHARDS WATSON AND JAN 2021 LEGAL SERVICES GERSHON 500323 3/25/2021 004274 SAFE AND SECURE LOCKSMITH SRVCS: PARKS LOCKSMITH SRVC 500324 3/25/2021 022484 SALON DE CHEVEUX LLC TEM. ASSIST JOB RET. GRANT RECIPIENT 500325 3/25/2021 021620 SIEMENS MOBILITY INC LED LIGHTING INSTALL: PW CIP, PW17-18 JAN-FEB STIR LIGHT MAINT: DEPORTOL/ POLE INSTALL: CALLE MEDUSA RD 500326 3/25/2021 011351 TRITECH SOFTWARE REPORT WRITING SRVCS: INFO TECH SYSTEMS Amount Paid Check Total 400.00 41.69 204.00 10,000.00 1,110.00 1,715.00 1,665.00 1,665.00 8,122.50 100.00 10,000.00 36,260.00 7,020.72 6,936.60 150.00 Grand total for EFT UNION BANK: 400.00 245.69 10,000.00 6,155.00 8,122.50 100.00 10,000.00 50,217.32 150.00 380,491.77 Page3 apChkLst Final Check List Page: 4 03/23/2021 2:17:07PM CITY OF TEMECULA 30 checks in this report. Grand Total All Checks: 380,491.77 Page:4 Item No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: April 13, 2021 SUBJECT: Approve the City Treasurer's Report as of February 28, 2021 PREPARED BY: Rudy J. Graciano, Fiscal Services Manager RECOMMENDATION: That the City Council approve and file the City Treasurer's Report as of February 28, 2021. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of February 28, 2021. FISCAL IMPACT: None ATTACHMENTS: City Treasurer's Report as of February 28, 2021 Portfolio Managment Treasury Report Portfolio Management Portfolio Summary February 28, 2021 City of Temecula 41000 Main Street Temecula, CA 92590 (951)694-6430 Par Market Book % of Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Managed Pool Accounts 41,140,099.53 41,140,099.53 41,140,099.53 25.72 1 1 0.132 0.134 Retention Escrow Account 721,705.84 721,705.84 721,705.84 0.45 1 1 0.062 0.063 Letter of Credit 2.00 2.00 2.00 0.00 1 1 0.000 0.000 Trust Accounts 16,238,994.31 16,238,994.31 16,238,994.31 10.15 1 1 6.372 6.460 Local Agency Investment Funds 89,838,159.92 90,042,210.96 89,838,159.92 56.17 1 1 0.401 0.407 Federal Agency Callable Securities 6,000,000.00 5,976,850.00 6,000,000.00 3.75 1,673 1,252 1.098 1.114 Federal Agency Bullet Securities 6,000,000.00 6,098,820.00 6,000,000.00 3.75 1,126 470 1.985 2.013 159,938,961.60 160,218,682.64 159,938,961.60 100.00% 106 66 1.022 1.036 Investments Cash Passbook/Checking (not included in yield calculations) Total Cash and Investments 10,785,003.91 170,723,965.51 10,785,003.91 171,003,686.55 Total Earnings February 28 Month Ending Fiscal Year To Date Current Year 133,451.67 2,278,165.97 Average Daily Balance 166,771,971.95 151,309,410.19 Effective Rate of Return 1.04% 2.26% 10,785,003.91 170,723,965.51 1 1 0.000 0.000 106 66 1.022 1.036 Reporting period 02/01/2021-02/28/2021 Portfolio TEME Data Updated: SET_MTH: 03/30/2021 16:20 NL! CP Run Date: 03/30/2021 - 16:20 PM (PRF_PM1) 7.3.0 Report Ver. 7.3.6.1 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments February 28, 2021 Page 1 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 233358001-6 01-2 BOND F First Amer Govt Oblig Fund Cl 254,698.75 254,698.75 254,698.75 0.030 0.030 0.030 1 233358006-6 01-2 REF RES First Amer Govt Oblig Fund Cl 503,246.76 503,246.76 503,246.76 0.030 0.030 0.030 1 233358000-6 01-2 REF ST First Amer Govt Oblig Fund Cl 414,549.75 414,549.75 414,549.75 0.030 0.030 0.030 1 276213009-6 03-02 COI First Amer Govt Oblig Fund Cl 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 276213008-6 03-02 IMPR First Amer Govt Oblig Fund Cl 978.92 978.92 978.92 0.030 0.030 0.030 1 276213006-6 03-02 RES First Amer Govt Oblig Fund Cl 741,089.78 741,089.78 741,089.78 0.030 0.030 0.030 1 164741002-6 03-03 BOND F First Amer Govt Oblig Fund Cl 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 164741008-6 03-03IMP First Amer Govt Oblig Fund Cl 194,089.27 194,089.27 194,089.27 0.030 0.030 0.030 1 164741006-6 03-03RES First Amer Govt Oblig Fund Cl 118,409.15 118,409.15 118,409.15 0.030 0.030 0.030 1 164741000-6 03-03SPEC First Amer Govt Oblig Fund Cl 1,224,306.21 1,224,306.21 1,224,306.21 0.030 0.030 0.030 1 164742002-6 03-06 BOND F First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 1.630 1.608 1.630 1 164742000-6 03-06SPEC First Amer Govt Oblig Fund Cl 182,377.53 182,377.53 182,377.53 0.030 0.030 0.030 1 229462007-6 03-1 2012 RF First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 229462002--6 03-1 BOND FD First Amer Govt Oblig Fund Cl 179,954.66 179,954.66 179,954.66 0.030 0.030 0.030 1 229462009-6 03-1 COI First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 229462006-6 03-1 RESERV First Amer Govt Oblig Fund Cl 17,216.45 17,216.45 17,216.45 0.030 0.030 0.030 1 229462000-6 03-1 SPECF First Amer Govt Oblig Fund Cl 359,959.95 359,959.95 359,959.95 0.030 0.030 0.030 1 94669921-6 03-1ACQ11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.870 0.858 0.870 1 94669911-6 03-1ACQA11 First Amer Govt Oblig Fund Cl 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 94669917-6 03-1 RES First Amer Govt Oblig Fund Cl 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 94669916-6 03-1 RESB11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 94669000-6 03-1 SPTAX11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 276213002-6 03-2 REFU First Amer Govt Oblig Fund Cl 0.80 0.80 0.80 0.000 0.000 1 276213000-6 03-2 SPEC First Amer Govt Oblig Fund Cl 478,555.40 478,555.40 478,555.40 0.030 0.030 0.030 1 94686001-6 03-4ADMIN11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.060 0.059 0.060 1 94686005-6 03-4PREP11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.070 0.069 0.070 1 94686000-6 03-4RED11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.050 0.049 0.050 1 94686006-6 03-4RES11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.060 0.059 0.060 1 276213022-6 16-01 BOND F First Amer Govt Oblig Fund Cl 3.23 3.23 3.23 0.000 0.000 1 276213023-6 16-01 CAPINT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.870 0.858 0.870 1 276213029-6 16-01 COI First Amer Govt Oblig Fund Cl 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 276213028-6 16-01 IMP First Amer Govt Oblig Fund Cl 6,722,706.95 6,722,706.95 6,722,706.95 0.030 0.030 0.030 1 276213026-6 16-01 RESERV First Amer Govt Oblig Fund Cl 3,153,611.78 3,153,611.78 3,153,611.78 0.030 0.030 0.030 1 276213020-6 16-01 SPECF First Amer Govt Oblig Fund Cl 2,081,815.24 2,081,815.24 2,081,815.24 0.030 0.030 0.030 1 218848001-6 2017A&B INT First Amer Govt Oblig Fund Cl 4.80 4.80 4.80 0.000 0.000 1 218848008-6 2017ABPRIORP First Amer Govt Oblig Fund Cl 17,955.73 17,955.73 17,955.73 0.030 0.030 0.030 1 Data Updated: SET_MTH: 03/30/2021 16:20 Run Date: 03/30/2021 -16:20 Portfolio TEME NL! CP PM (PRF_PM2) 7.3.0 Report Ver. 7.3.6.1 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments February 28, 2021 Page 2 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 218848013-2 2017B COI First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 218848000-6 2017B DS First Amer Govt Oblig Fund Cl 1.25 1.25 1.25 0.000 0.000 1 218848002-6 2017B PRIN First Amer Govt Oblig Fund Cl 989.22 989.22 989.22 0.030 0.030 0.030 1 218848009-6 2017B_PROJ First Amer Govt Oblig Fund Cl 13,120,730.02 13,120,730.02 13,120,730.02 0.030 0.030 0.030 1 233358009-6 233358009-6 First Amer Govt Oblig Fund Cl 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 94434160-6 RDA-021NT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 94434161-6 RDA-02PRIN First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 107886000-6 RDA-06AINT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 107886001-6 RDA06APRIN First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 107886010-6 RDA06BINT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 107886011-6 RDA06BPRIN First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.680 0.671 0.680 1 107886016-6 RDA06BRES First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.940 0.927 0.940 1 107886020-6 RDA071NT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 107886021-6 RDA07PRIN First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.930 0.917 0.930 1 107886028-6 RDA07PROJ First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.940 0.927 0.940 1 107886026-6 RDA07RES First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.940 0.927 0.940 1 136343008-6 RDA10APROJ First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 136343018-6 RDA10BPROJ First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 136343000-6 RDA10INT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 136343001-6 RDA10PRIN First Amer Govt Oblig Fund Cl 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 136343006-6 RDA10RSRV First Amer Govt Oblig Fund Cl 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 146161000-6 RDA11AINT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 146161001-6 RDA11APRIN First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 94669902-3 03-1 BOND3 First American Treasury 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 94434160-1 RDA 02 INT1 First American Treasury 0.00 0.00 0.00 0.010 0.010 0.010 1 94434161-2 RDA 02 PRIN2 First American Treasury 0.00 0.00 0.00 0.010 0.010 0.010 1 136343018-2 RDA 10B CIP2 First American Treasury 0.00 0.00 0.00 0.010 0.010 0.010 1 146161008-3 RDA11APROJ Federated Institutional Tax Fr 0.00 0.00 0.00 0.800 0.789 0.800 1 146161006-3 RDA11ARSRV Federated Institutional Tax Fr 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 94669921-5 03-01 ACQ11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669911-5 03-01 ACQA11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669917-5 03-01 RES Federated Tax Free Obligations 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 94669906-5 03-01 RESA11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94669916-5 03-01 RESB11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669000-5 03-01 SPTAX11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 164742006-5 03-06 RES Federated Tax Free Obligations 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 Portfolio TEME Data Updated: SET_MTH: 03/30/2021 16:20 NL! CP Run Date: 03/30/2021 - 16:20 PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments February 28, 2021 Page 3 CUSIP Investment # Average Issuer Balance Purchase Date Par Value Market Value Book Value Stated Rate YTM 360 YTM 365 Days to Maturity Maturity Date Managed Pool Accounts 164742000-5 03-06 SPEC Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669902-5 03-1bond fd Federated Tax Free Obligations 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 94686001-5 03-4 ADMIN11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94686005-5 03-4 PREP11 Federated Tax Free Obligations 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 94686006-5 03-4 RES11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669917-1 03-01-1 RES CA Local Agency Investment Fun 0.00 0.00 0.00 0.407 0.401 0.407 1 276213008-1 03-02 IMP CA Local Agency Investment Fun 8,792,162.06 8,792,162.06 8,792,162.06 0.407 0.401 0.407 1 164742006-1 03-06 RES-1 CA Local Agency Investment Fun 306,801.35 306,801.35 306,801.35 0.407 0.401 0.407 1 229462007-1 03-1 2012 RE CA Local Agency Investment Fun 813,970.38 813,970.38 813,970.38 0.407 0.401 0.407 1 94669911-1 03-1 ACQ A2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.407 0.401 0.407 1 94669921-1 03-1 ACQ B2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.407 0.401 0.407 1 744727011-1 03-3 ACQ 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.407 0.401 0.407 1 164741006-1 0303-1 RES CA Local Agency Investment Fun 1,419,563.21 1,419,563.21 1,419,563.21 0.407 0.401 0.407 1 107886028-1 RDA 07 PRO-1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.407 0.401 0.407 1 107886026-1 RDA 07 RES-1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.407 0.401 0.407 1 136343018-1 RDA 10B CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.407 0.401 0.407 1 229462020-0 03-01 CASH USBANK 15,350.93 15,350.93 15,350.93 0.000 0.000 1 164742006-0 03-06 Cash USBANK 02/01/2021 25,000.00 25,000.00 25,000.00 0.000 0.000 1 233358050-1 01-2 SPECESC U.S. Treasury 0.00 0.00 0.00 0.360 0.355 0.360 1 Subtotal and Average 38,708,065.68 41,140,099.53 41,140,099.53 41,140,099.53 0.132 0.134 1 Retention Escrow Account PACIFIC PREMIER 20190607-882 PACIFIC PREMIER 0.00 0.00 0.00 0.000 0.000 1 218848050-0 2002 ESCROW USBANK 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 218848060-0 2006AESCRO USBANK 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 218848070-0 2006BESCRO USBANK 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 218848080-0 2007ESCROW USBANK 07/01/2020 0.00 0.00 0.00 0.000 0.000 1 229462020-2 03-01 ESCROW U.S. Treasury 721,705.84 721,705.84 721,705.84 0.063 0.062 0.063 1 Subtotal and Average 736,476.13 721,705.84 721,705.84 721,705.84 0.062 0.063 1 Letter of Credit 218848006-1 2017B RESER ASSURED GUARANTY MUNICIPAL COR 07/01/2020 233358006-1 01-2 REFRESI ASSURANCE CO BOND INSURANCE 07/01/2020 Subtotal and Average 2.00 Data Updated: SET_MTH: 03/30/2021 16:20 Run Date: 03/30/2021 - 16:20 1.00 1.00 2.00 1.00 1.00 2.00 1.00 0.000 0.000 1 1.00 0.000 0.000 1 2.00 0.000 0.000 1 Portfolio TEME NL! CP PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments February 28, 2021 Page 4 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Trust Accounts 6746058700 PARS Pension US Bank Trust 16,238,994.31 16,238,994.31 16,238,994.31 6.460 6.372 6.460 1 Subtotal and Average 15,990,070.37 16,238,994.31 16,238,994.31 16,238,994.31 6.372 6.460 1 Local Agency Investment Funds SYSCITY CITY CA Local Agency Investment Fun SYSRDA RDA CA Local Agency Investment Fun SYSTCSD TCSD CA Local Agency Investment Fun Subtotal and Average 91,295,302.78 44,053,636.22 1,887.42 45,782,636.28 89,838,159.92 44,153,696.04 1,891.71 45,886,623.21 90,042,210.96 44,053,636.22 0.407 0.401 0.407 1 1,887.42 0.407 0.401 0.407 1 45,782,636.28 0.407 0.401 0.407 1 89,838,159.92 0.401 0.407 1 Federal Agency Callable Securities 3133EMQGO 01259 Federal Farm Credit Bank 02/10/2021 1,000,000.00 989,620.00 1,000,000.00 0.320 0.316 0.320 1,442 02/10/2025 3130ABYY6 01235 Federal Home Loan Bank 08/24/2017 0.00 0.00 0.00 1.750 1.726 1.750 24 02/24/2021 313OAKQ41 01258 Federal Home Loan Bank 01/28/2021 1,000,000.00 983,900.00 1,000,000.00 0.520 0.513 0.520 1,794 01/28/2026 3130ALEU4 01260 Federal Home Loan Bank 02/25/2021 1,000,000.00 997,960.00 1,000,000.00 0.350 0.345 0.350 1,365 11/25/2024 3134GBGZ9 01232 Federal Home Loan Mtg Corp 04/27/2017 1,000,000.00 1,017,100.00 1,000,000.00 2.000 1.964 1.991 332 01/27/2022 3134GSMF9 01246 Federal Home Loan Mtg Corp 05/30/2018 1,000,000.00 1,006,870.00 1,000,000.00 3.000 2.959 3.000 816 05/26/2023 3134GXJL9 01257 Federal Home Loan Mtg Corp 12/30/2020 1,000,000.00 981,400.00 1,000,000.00 0.500 0.493 0.500 1,765 12/30/2025 3136G4UL5 01255 Federal National Mtg Assn 02/26/2020 0.00 0.00 0.00 1.650 1.627 1.650 1,092 02/26/2024 Subtotal and Average 6,535,714.29 6,000,000.00 5,976,850.00 6,000,000.00 1.098 1.114 1,252 Federal Agency Bullet Securities 3133EJT74 01249 Federal Farm Credit Bank 11/15/2018 1,000,000.00 1,020,890.00 1,000,000.00 3.050 3.008 3.050 259 11/15/2021 3133ELMA9 01254 Federal Farm Credit Bank 02/07/2020 1,000,000.00 1,028,840.00 1,000,000.00 1.420 1.401 1.420 889 08/07/2023 3133ELTU8 01256 Federal Farm Credit Bank 03/18/2020 1,000,000.00 1,016,820.00 1,000,000.00 0.920 0.907 0.920 1,113 03/18/2024 3130ADSJ2 01244 Federal Home Loan Bank 03/08/2018 1,000,000.00 1,000,470.00 1,000,000.00 2.460 2.426 2.460 7 03/08/2021 3130AHF81 01251 Federal Home Loan Bank 10/25/2019 1,000,000.00 1,010,100.00 1,000,000.00 1.600 1.578 1.600 238 10/25/2021 3135GOU92 01250 Federal National Mtg Assn 01/11/2019 1,000,000.00 1,021,700.00 1,000,000.00 2.625 2.589 2.625 316 01/11/2022 Subtotal and Average 6,000,000.00 6,000,000.00 6,098,820.00 6,000,000.00 1.985 2.013 470 Total and Average 166,771,971.95 159,938,961.60 160,218,682.64 159,938,961.60 1.022 1.036 66 Portfolio TEME Data Updated: SET_MTH: 03/30/2021 16:20 NL! CP Run Date: 03/30/2021 -16:20 PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Cash February 28, 2021 Page 5 Average Purchase Stated YTM YTM Days to CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Passbook/Checking Accounts 1453718479 WORKERS BANK OF AMERICA MERRILL LYNC 07/01/2020 35,620.21 35,620.21 35,620.21 0.000 0.000 1 SYSPetty Cash Petty Cash City of Temecula 07/01/2020 3,911.00 3,911.00 3,911.00 0.000 0.000 1 SYSGen Ck Acct Gen Ck Acct Union Bank of California 10,737,674.70 10,737,674.70 10,737,674.70 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2020 7,798.00 7,798.00 7,798.00 0.000 0.000 1 Average Balance 0.00 Total Cash and Investments 166,771,971.95 1 170,723,965.51 171,003,686.55 170,723,965.51 1.022 1.036 66 Portfolio TEME Data Updated: SET_MTH: 03/30/2021 16:20 NL! CP Run Date: 03/30/2021 - 16:20 PM (PRF_PM2) 7.3.0 Cash and Investments Report CITY OF TEMECULA Through February 2021 Fund # Fund Name Beginning Balance Receipts Disbursements Fund Total 001 GENERAL FUND $ 33,559,135.02 $ 13,913,696.47 $ 8,729,494.13 $ 38,743,337.36 002 MEASURE S FUND 18,733,724.31 2,792,184.83 1,000,123.81 20,525,785.33 100 STATE GAS TAX FUND 450.91 178,228.36 - 178,679.27 102 RMRA-ROAD MAINTENANCE REHABILITATION ACT 2,372,608.91 153,244.78 15.24 2,525,838.45 103 STREETS MAINTENANCE FUND 1,459,856.30 - 8.81 1,459,847.49 106 JEFFERSON STREET IN LIEU FEES 894,091.52 5.39 894,086.13 107 CARES ACT 1,382,508.00 - - 1,382,508.00 120 DEVELOPMENT IMPACT FUND 2,704,450.95 500,402.74 19.33 3,204,834.36 125 PEG PUBLIC EDUCATION & GOVERNMENT 462,737.29 37,844.59 352.02 500,229.86 145 TEMECULA ENERGY EFFICIENCY ASSET TEAM 198,673.93 640,754.89 5.06 839,423.76 150 AB 2766 FUND 73,867.78 - 0.45 73,867.33 160 SUPPLEMENTAL LAW ENFORCEMENT SERVICES 8,466.41 8,333.33 - 16,799.74 161 TEMECULA MAJOR CRIMES REWARD FUND 27,160.30 - 0.16 27,160.14 165 AFFORDABLE HOUSING 2,023,832.16 14,150.16 2,009,682.00 170 MEASURE A FUND 7,488,873.56 167,889.16 7,320,984.40 190 TEMECULA COMMUNITY SERVICES DISTRICT 342,988.90 1,062,890.14 492,401.28 913,477.76 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 506,618.13 690.45 505,927.68 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 464,482.19 4,031.15 460,451.04 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 31,045.69 - 0.19 31,045.50 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 445,040.84 3,032.98 15,903.51 432,170.31 197 TEMECULA LIBRARY FUND 257,006.29 544.53 25,767.73 231,783.09 198 PUBLIC ART 74,163.92 6,407.29 0.49 80,570.72 210 CAPITAL IMPROVEMENT PROJECT FUND 20,596,150.47 - 1,149,646.87 19,446,503.60 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 194,084.99 4.28 - 194,089.27 277 CFD-RORIPAUGH 8,937,070.02 0.02 0.87 8,937,069.17 278 CFD-RORIPAUGH II 6,722,558.57 148.38 - 6,722,706.95 300 INSURANCE FUND 1,147,888.39 - 7,863.25 1,140,025.14 305 WORKER'S COMPENSATION 2,204,505.16 40,000.00 61,069.90 2,183,435.26 310 VEHICLES AND EQUIPMENT FUND 1,678,442.58 - 10.12 1,678,432.46 320 INFORMATION TECHNOLOGY 1,104,566.46 0.26 228,603.47 875,963.25 325 TECHNOLOGY REPLACEMENT FUND 1,130,139.14 - 6.82 1,130,132.32 330 CENTRAL SERVICES 22,742.55 19,027.33 3,715.22 335 CENTRAL SERVICES 295,250.39 - 1.78 295,248.61 340 FACILITIES 179,887.50 87.99 102,172.73 77,802.76 350 FACILITY REPLACEMENT FUND 229,129.36 - 12,171.31 216,958.05 380 SARDA DEBT SERVICE FUND 13,135,652.01 290.01 - 13,135,942.02 381 REDEVELOPMEN PROPERTY TAX TRUST 832,344.54 - 5.00 832,339.54 460 CFD 88-12 DEBT SERVICE FUND 95,254.46 - 0.57 95,253.89 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 1,189,905.48 554,399.26 548,306.41 1,195,998.33 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 2,128,948.11 421,958.90 412,921.84 2,137,885.17 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 6,236.70 - 402.52 5,834.18 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 2,797,893.53 1,028,243.75 1,007,397.47 2,818,739.81 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 549,515.77 165,182.64 163,556.93 551,141.48 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 1,240,111.11 381,360.92 379,818.60 1,241,653.43 478 CFD-RORIPAUGH II 5,266,044.42 1,772,616.91 1,772,943.07 5,265,718.26 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 14,110.28 264.11 444.79 13,929.60 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 111,936.47 213.03 279.28 111,870.22 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 48,272.99 117.40 454.22 47,936.17 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 4,459.43 - 245.16 4,214.27 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 31,840.40 298.39 1,545.44 30,593.35 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 43,071.90 259.25 6,088.89 37,242.26 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 8,637.77 52.96 329.36 8,361.37 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 120,434.79 916.63 3,095.10 118,256.32 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 30,317.85 25.80 266.75 30,076.90 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 13,326.23 - 200.60 13,125.63 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 3,521.93 - 51.66 3,470.27 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 110,520.66 1,495.24 2,142.12 109,873.78 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP 30,990.98 190.07 706.51 30,474.54 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 12,051.79 44.50 302.96 11,793.33 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 11,144.19 - 112.13 11,032.06 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 64,532.75 87.50 152.86 64,467.39 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 2,029.72 - 49.68 1,980.04 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 63,782.64 1,342.21 990.20 64,134.65 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 96,985.55 130.50 858.36 96,257.69 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 246,940.10 1,969.11 2,387.56 246,521.65 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 244,738.72 1,356.97 8,790.16 237,305.53 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 10,222.21 - 52.06 10,170.15 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 22,037.93 11.90 90.92 21,958.91 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 66,784.43 1,094.03 3,410.35 64,468.11 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 70,801.88 1.04 283.55 70,519.37 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 1,612.39 - 47.96 1,564.43 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 8,807.57 169.66 241.13 8,736.10 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 717,091.62 2,501.79 6,539.57 713,053.84 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 4,034.27 - 49.98 3,984.29 530 SERVICE LEVEL"C"ZONE 30 FUTURE ZONES 36,242.35 - 0.22 36,242.13 701 PENSION RATE STABILIZATION FUND $ 15,980,850.96 516,286.70 258,143.35 $ 16,238,994.31 Grand Total: $ 163,428,137.77 $ 24,190,687.04 $ 16,615,138.26 $ 171,003,686.55 Journal Entries completed after January's Treasurer's Report was issued are reflected in the Receipts / Disbursements columns. Item No. 5 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: April 13, 2021 SUBJECT: Adopt Resolution Reaffirming and Proclaiming the Existence of a Local Emergency Related to the COVID-19 Virus Pandemic PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REAFFIRMING AND PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY RELATING TO THE COVID-19 VIRUS PANDEMIC AND ISSUING CERTAIN ORDERS FOR THE CONDUCT OF CITY AFFAIRS DURING THE LOCAL EMERGENCY BACKGROUND: In December 2019, an outbreak of respiratory illness due to a novel coronavirus (a disease now known as COVID-19), was first identified in Wuhan City, Hubei Province, China, and has spread outside of China, impacting more than 75 countries, including the United States. Since the Center for Disease Control and Prevention first confirmed the existence and potential spread of COVID-19, there has been significant escalation. On March 4, 2020, the Governor of the State of California proclaimed a state of emergency due to the spread of COVID- 19. On March 11, 2020 the World Health Organization declared the COVID-19 outbreak to be a pandemic. On March 13, 2020, the President of the United States made an emergency determination under the Robert T. Stafford Disaster Relief and Emergency Assistance Act in response to COVID-19. On March 16, 2020, the Riverside County Public Health Officer issued an order cancelling and prohibiting all gatherings in which ten or more people are expected to be present, subject to certain limited exceptions. On March 17, 2020, the City Manager of the City of Temecula issued a Declaration of Local Emergency related to the COVID-19 pandemic pursuant to Temecula Municipal Code Section 2.56.050. On March 24, 2020, April 28, 2020, June 9, 2020, August 11, 2020, October 13, 2020, December 8, 2020, and February 9, 2021 the City Council proclaimed the existence of a local emergency due to the COVID-19 pandemic. Government Code § 8630 and Temecula Municipal Code Chapter 2.56 provide that the City Council of the City of Temecula may proclaim the existence of a local emergency as defined by Government Code § 8558, subdivision (c). COVID-19 has created conditions that are or likely to be beyond the control of local resources and require the combined forces of other political subdivisions to combat. The mobilization of local resources, ability to coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and allow for future reimbursement by the state and federal governments will be critical to successfully responding to COVID-19. The conditions under which the City Council declared its March 24, 2020, April 28, 2020, June 9, 2020, August 11, 2020, October 13, 2020, December 8, 2020, and February 9, 2021 local emergency continue to exist. It is therefore recommended that the City Council adopt the attached resolution reaffirming and proclaiming the existence of a local emergency due to the COVID-19 pandemic. The City Council will continue to review this local emergency proclamation every sixty (60) days pursuant to Government Code Section 8630(c), and/or sooner as the Council determines (i.e., 30 days, etc.), and will terminate the emergency proclamation when the conditions warrant. FISCAL IMPACT: None ATTACHMENTS: Resolution RESOLUTION NO.2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REAFFIRMING AND PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY RELATING TO THE COVID-19 VIRUS PANDEMIC AND ISSUING CERTAIN ORDERS FOR THE CONDUCT OF CITY AFFAIRS DURING THE LOCAL EMERGENCY THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. The City Council finds, determines and declares that: (a) Government Code § 8630 and Temecula Municipal Code Chapter 2.56 provide that the City Council of the City of Temecula may proclaim the existence of a local emergency as defined by Government Code § 8558, subdivision (c). (b) In December 2019, an outbreak of respiratory illness due to a novel coronavirus (a disease now known as COVID-19), was first identified in Wuhan City, Hubei Province, China, and has spread outside of China, impacting countries throughout the world, including the United States. (c) Since the federal Centers for Disease Control and Prevention ("CDC") confirmed the first possible case of community spread of COVID-19 in the United States on February 26, 2020, there has been a significant and continued escalation of United States domestic cases and deaths from COVID-19. (d) On March 4, 2020, Gavin Newsom, Governor of the State of California, proclaimed a state of emergency to exist in California due to the spread of COVID-19. (e) On March 11, 2020 the World Health Organization declared the COVID- 19 outbreak to be a pandemic. (f) On March 13, 2020, President Trump determined that the ongoing Coronavirus Disease 2019 (COVID-19) pandemic is of sufficient severity and magnitude to warrant an emergency determination under section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5207. (g) Governor Newsom has issued several Executive Orders making certain findings and issuing emergency orders to deal with COVID-19 pandemic. These Executive Orders are listed and updated continuously at https://www. og v.ca.gov/category/executive-orders/. More Executive Orders are expected. (h) The California Department of Public Health reports a significant number of COVID-19 cases and deaths in the state. The number of cases and deaths are reported and updated at hgps://www.cdph.ca.gov/programs/cid/dcdc/pages/immunization/ncov20l9.aspx. (i) The Riverside County Public Health Officer reports a significant number of COVID-19 cases and deaths in the County. The number of cases and deaths are reported and updated at https://www.riveoph.ora/coronavirus. 0) The Riverside County Public Health Officer has issued numerous Health Orders making certain findings and issuing emergency orders to deal with COVID-19 pandemic. The Riverside County Health Officer's Orders are listed and updated continuously at https://www.rivcoph.ora/coronavirus. More Health Orders are expected. (k) The Governor's Executive Orders and Riverside County Health Officer's Health Orders to close non -essential businesses and prohibit gatherings has created economic hardship and dislocation for persons and businesses and will reduce tax revenues to the City necessary for providing essential City services. (1) On March 17, 2020, the City Manager of the City of Temecula issued a Declaration of Local Emergency related to the COVID-19 pandemic pursuant to Temecula Municipal Code Section 2.56.050. (m) On March 24, 2020, the City Council adopted Resolution No. 2020-17 entitled "A Resolution of the City Council of the City of Temecula Proclaiming the Existence of a Local Emergency Relating to the COVID-19 Virus Pandemic and Confirming the City Manager's Declaration of Local Emergency on March 17, 2020." On April 28, 2020, the City Council adopted Resolution No. 2020-20 entitled, "A Resolution of the City Council of the City of Temecula Reaffirming and Proclaiming the Existence of a Local Emergency Relating to the COVID-19 Virus Pandemic and Issuing Certain Orders for the Conduct of City Affairs During the Local Emergency." On June 9, 2020, the City Council adopted Resolution No. 2020-35 entitled, "A Resolution of the City Council of the City of Temecula Reaffirming and Proclaiming the Existence of a Local Emergency Relating to the COVID-19 Virus Pandemic and Issuing Certain Orders for the Conduct of City Affairs During the Local Emergency." On August 11, 2020, the City Council adopted Resolution No. 2020-55 entitled, "A Resolution of the City Council of the City of Temecula Reaffirming and Proclaiming the Existence of a Local Emergency Relating to the COVID-19 Virus Pandemic and Issuing Certain Orders for the Conduct of City Affairs During the Local Emergency." On October 13, 2020, the City Council adopted Resolution No. 2020-65 entitled, "A Resolution of the City Council of the City of Temecula Reaffirming and Proclaiming the Existence of a Local Emergency Relating to the COVID-19 Virus Pandemic and Issuing Certain Orders for the Conduct of City Affairs During the Local Emergency." On December 8, 2020, the City Council adopted Resolution No. 2020-83 entitled, "A Resolution of the City Council of the City of Temecula Reaffirming and Proclaiming the Existence of a Local Emergency Relating to the COVID-19 Virus Pandemic and Issuing Certain Orders for the Conduct of City Affairs During the Local Emergency." On February 9, 2021, the City Council adopted Resolution No. 2021-06 entitled, "A Resolution of the City Council of the City of Temecula Reaffirming and Proclaiming the Existence of a Local Emergency Relating to the COVID-19 Virus Pandemic and Issuing Certain Orders for the Conduct of City Affairs During the Local Emergency." (n) Due to the expanding list of countries with widespread transmission of COVID-19, increasing travel alerts and warnings for countries experiencing sustained or uncontrolled community transmission issued by the CDC, the escalation of United States domestic 2 cases of and deaths from COVID-19, the identification of COVID-19 cases in California and Riverside County, COVID-19, and the severity and magnitude of the COVID-19 pandemic, has created conditions that are or likely to be beyond the control of local resources and require the combined forces of other political subdivisions to combat. (o) The mobilization of local resources, ability to coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and allow for future reimbursement by the state and federal governments will be critical to successfully responding to COVID-19. (p) The City Council finds that these conditions warrant and necessitate that the City reaffirm and proclaim the existence of a local emergency. Section 2. Proclamation of Local Emergency. Based on the findings set forth above, the City Council of the City of Temecula hereby reaffirms the findings set forth in Resolution Nos. 2020-17, 2020-20, 2020-35, 2020-55, 2020-65, 2020-83, 2021-06, and further proclaims that a local emergency now exists throughout the City of Temecula. During the existence of said local emergency the following shall be in effect: (a) The local emergency powers, functions, and duties of the City Manager and the emergency organization of this City shall be those prescribed by state law, by ordinances, and resolutions of this City, and by the approved emergency plans of the City of Temecula. (b) The local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Temecula, State of California. (c) The City Council shall endeavor to review this local emergency proclamation at least every sixty (60) days pursuant to Government Code Section 8630(c) and shall terminate the emergency proclamation at the earliest possible date the conditions warrant. (d) The City Manager is authorized to transfer funds from the Unreserved Fund Balance and transfers between departmental budget accounts when necessary under this declaration of an emergency. (e) Pursuant to the provisions of Temecula Municipal Code Section 2.56.050 the City Manager is authorized to enter into agreements on behalf of the City necessary under this declaration of an emergency. (f) The City Council determines that for the reasons described in this Resolution, compliance with the bidding requirements of Chapters 3.28 and 3.30 of Temecula Municipal Code is not in the best interest of the City and all such bidding requirements are hereby waived. (g) The City Manager may authorize expenditures of funds without regard to the amounts thereof, so long as there exists an unencumbered appropriation in the fund account against which the cost of the agreement is to be charged. 3 (h) The City Manager is hereby authorized to enter into all agreements on behalf of the City, Temecula Community Services District, and the Successor Agency to the Temecula Redevelopment Agency without regard to the amounts thereof, so long as there exists an unencumbered appropriation in the fund account against which the cost of the agreement is to be charged, including without limitation, consultant agreements, agreements for the purchase of goods and services, real property leases and license agreements, public works construction and maintenance agreements, grant agreements, and amendments to real property purchase agreements and exclusive negotiating agreements. (i) The City Manager is hereby authorized to approve documents implementing the provisions of the California Environmental Quality Act (CEQA) other than Environmental Impact Reports. 0) The City Manager is hereby authorized to approve notices of completion, accept surety bonds, and release surety bonds, in connection with public works projects. (k) The City Manager, in consultation with the City Attorney, is hereby authorized to settle personal injury and property damage lawsuits and enter into settlement agreements on behalf of the City, Temecula Community Services District, and the Successor Agency to the Temecula Redevelopment Agency without regard to the amounts thereof, so long as there exists an unencumbered appropriation in the fund account against which the cost of the agreement is to be charged. (1) The City Manager is authorized to negotiate and implement labor related policies and staffing changes deemed necessary in order to respond to the Local Emergency. (m) The City Manager is authorized to sign checks on behalf of the City, including without limitation, payroll hand checks, and may delegate this authority to the Director of Finance. (n) The City Manager is authorized to modify on -street and off-street parking requirements for businesses, including without limitation modifications for food service or other businesses to accommodate pick-up or delivery services. Section 3. Ratification of City Manager's Actions. The City Council hereby ratifies the actions of the City Manager taken pursuant to Resolution Nos. 2020-17, 2020-20. 2020-35, 2020-55, 2020-65, 2020-83, and 2021-06. Section 4. Further Actions. The City Manager shall: (a) Forward a copy of this Resolution to the Director of California Governor's Office of Emergency Services; (b) Reaffirm the City's request the Governor of California, pursuant to the Emergency Services Act issue a proclamation declaring an emergency in Riverside County and waive regulations that may hinder response and recovery efforts; 4 (c) Reaffirm the City's request that recovery assistance be made available under the California Disaster Assistance Act; and (d) Reaffirm the City's request that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs. Section 5. Certification. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of April, 2021. ATTEST: Randi Johl, City Clerk [SEAL] Maryann Edwards, Mayor 5 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. 2021- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of April, 2021, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Item No. 6 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Kevin Hawkins, Director of Community Services DATE: April 13, 2021 SUBJECT: Approve Renaming Roripaugh Ranch Community Sports Park to the Sports Ranch at Sommers Bend (At the Request of Council Member Zak Schwank) PREPARED BY: Anissa Sharp, Office Specialist II RECOMMENDATION: That the City Council approve renaming Roripaugh Ranch Community Sports Park to the Sports Ranch at Sommers Bend (at the request of Council Member Zak Schwank). BACKGROUND: At the request of Council Member Zak Schwank it is proposed that the Roripaugh Ranch Community Sports Park be renamed The Sports Ranch at Sommers Bend. The Temecula Community Services Commission unanimously supported the Council Member's recommendation at their meeting on January 1 Ph, 2021. The Sommers Bend development celebrated its official groundbreaking on October 18, 2018. The master -planned community will complete what was previously referred to as Phase Two of Roripaugh Ranch. With nearly 1,325 new residences to be offered, the community has become one of the most significant master plans in the Inland Empire. As part of the development, The Community Sports Park, began construction in June 2020. The park is 21.3 acres consisting of baseball fields, soccer fields, basketball courts, playground equipment, landscaping, site lighting, structural foundations, utilities, water quality measures and a parking lot. The park is planned to be completed by the end of 2021 and will be turned over to the City at that point. A mock-up of signage noting the newly designated name, Sports Ranch, is as follows: , S P I T$ - NC H. Ads 'SOM M ERS BEND �14Mf i FISCAL IMPACT: None ATTACHMENTS: None Item No. 7 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 13, 2021 SUBJECT: Approve an Agreement for Consultant Services with Bureau Veritas Technical Assessments LLC, for Facility Condition Assessment PREPARED BY: Julie Tarrant, Principal Management Analyst Stacey Biddle, Management Assistant RECOMMENDATION: That the City Council approve an Agreement for Consultant Services with Bureau Veritas Technical Assessments LLC, in the amount of $93,026.00, to provide a Facility Condition Assessment at various locations on City property. BACKGROUND: On November 5, 2020, the Public Works Department Maintenance Division posted on the City of Temecula' s online bidding service, Planet Bids, a Request for Proposal (RFP) No. 254, to conduct a facilities condition assessment. This assessment will provide estimates for the short and long term maintenance needs of City facilities. The Public Works Department received the following ten (10) electronic proposals: 1 Bureau Veritas Technical Assessments LLC $79,996.00 2 California State Fire Protection $25,000.00 3 CAP Architecture, Inc. $1,283,422.00 4 Faithful + Gould $83,180.00 5 Jensen Hughes, Inc. $90,850.00 6 Kitchell/CEM, Inc. $125,000.00 7 Roy Jorgensen Associates, Inc. $143,451.00 8 Sightlines LLC $42,063.35 9 SVA Architects, Inc. $882,480.00 10 Terracon Consultants, Inc. $126,410.00 Selected panel members reviewed each proponent's submittals and collectively determined that Bureau Veritas Technical Assessments LLC, to be the most qualified and competitively priced vendor to provide the facilities condition assessment. Upon further review of the work to be performed, and after conducting an interview with Bureau Veritas Technical Assessments LLC, additional services were identified to include; a revised property list of sites to be assessed, an inventory of assets and equipment, and barcoding and labeling for use as an identifier in the Lucity Asset Management System. The original proposed cost of services was $79,996, but after negotiations with the selected consultant, the adjusted cost to perform the facility condition assessment will be $76,264.00, plus the additional scope of services in the amount of $16,762.00, for a total agreement value of $93,026.00. Staff is recommending the approval of an agreement with Bureau Veritas Technical Assessments LLC, for consultant services through FY 2021-2022. FISCAL IMPACT: Adequate funds are available in the Annual Operating Budget Fiscal Year 2020-2021. ATTACHMENTS: Agreement — Bureau Veritas Technical Assessments LLC AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND BUREA VERITAS TECHNICAL ASSESSMENTS LLC FACILITY CONDITION ASSESSMENT THIS AGREEMENT is made and effective as of April 13, 2021, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Bureau Veritas Technical Assessments LLC, a C Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on March 23, 2021 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2022, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. PERFORMANCE Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Ninety -Three Thousand, Twenty -Six dollars ($93,026.00), for the total term of the agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, 12/31 /2020 it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at hft ://www.dir.ca, ov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -Consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any sub Consultant under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Consultant and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to hftj)://www.dir.ca.,qov/Public-Works/PublicWorks.htmi 7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 12/31 /2020 8. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 10. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be 12/31/2020 imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 11. INSURANCE REQUIREMENTS a. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability Form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. 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 separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million ($1,000,000) accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One Million Dollars ($1,000,000) per claim and in aggregate. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty -Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the 12/31 /2020 Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 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. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 12. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. 12/31 /2020 Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 14. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 15. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. 12/31 /2020 Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Bureau Veritas Technical Assessments LLC Attn: Erik Piller 10461 Mill Run Circle, Suite 1100 Owings Mills, MD 21117 16. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 17. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 18. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 12/31 /2020 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 12/31 /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: Maryann Edwards, Mayor ATTEST: By: Rand! Johl, City Clerk APPROVED AS TO FORM: BUREAU VERITAS TECHNICAL ASSESSMENTS LLC (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: zyz Matt Munter, Executive Vice President By: - Erik Plller, Senior Vice President By: Peter M. Thorson, City Attorney CONSULTANT Bureau Veritas Technical Assessments LLC Attn: Erik Plller 10461 Mill Run Circle, Suite 1100 Owings Mills, MD 21117 _ Ph. 800-733-0660 x2704 erik.piller@bvna.com City Purchasing Mgr. �gInitia d Date: C-OGA�DA 12/31/2020 EXHIBIT A Tasks to be Performed DESCRIPTION_ OF SERVICES BVTA understands that the Facility Condition Assessment (FCA) project with the City of Temecula (the "City") will: • Include a comprehensive assessment of all sites, buildings, building systems, and infrastructure. • Follow ASTM E2018-15 Standard Guide for Property Condition Assessments, as applicable. • Determine the present condition and estimated life expectancy of various building systems and components. • Identify and document present condition of all physical assets including grounds, facilities, and infrastructure. ■ Recommend corrections for all deficiencies and provide cost estimates for corrections. • Prioritize and categorize deficient conditions, associated corrective actions, and information concerning building systems and deficiency categories. • Establish anticipated renewal and replacement costs for the various systems and components. ■ Result in strategic plan for capital repairs, lifecycle component replacement, and building modernization. • Calculate the Current Replacement Value (CRV) and Facility Condition Index (FCI) for each facility. • Establish a protocol for facility condition data to migrate/transfer to a CMMS/IWMS system (Lucity) • Option: Collect Equipment Inventory and nameplate data for City properties. • Option: Barcode / QR Code tagging We understand that a key factor to performing FCAs is the evaluation of physical needs and accurate forecasting for capital repair and replacement budgets. Pre-emptive measures to manage maintenance budgets and programs are essential in ensuring the elimination of potential issues, which can range from deferred maintenance, or premature replacement of building systems that can prove costly. DATA GATHERING AND INTERVIEW Our project plan details distinct phases of the project. During each phase, we will require coordination and support from the City's facility management. Data Gathering Phase - BVTA will need the support of staff who can provide us access to drawings and records. The following is a typical list of exhibits requested. • Inspection reports (sewer, boiler, chiller, etc.) ■ Building systems Maintenance Records • Maintenance policy documentation • Owner elected repair list (if available) • Original building plans (can be viewed on -site) 10 12/31 /2020 • Capital expenditure schedules (prior or planned) ■ Fire protection / life safety plans • Rehabilitation budget and scope (draft or final) • Certificates of occupancy / facility license ■ Prior assessments • Site plan / floor plans • Accessibility transition plans / studies • CMMS / IWMS data set (Lucity) In addition to the drawings and records, we will supply a pre -survey questionnaire for each facility or site. Our expectation is that someone with knowledge of maintenance and operations of the facility will complete this survey and be prepared to discuss it with us while on -site. Site Phase - BVTA will need support in the form of escorts while in the facilities to help us access mechanical areas, to discuss with us any known issues in the facility, and to answer other technical questions. Report Review Stage - BVTA will provide a complete deliverable for each building. CLIENT COORDINATION Project Director - BVTA will become familiar with the City's existing Project Directory - property list and contact directory for each location. We will contact or interview the facilities contacts as part of tour process to determine current use requirements and priority of properties based on agency goals. Facility Access - Working with the City, we will develop procedures to gain Facility Access. Our visits will be coordinated and pre -approved by the City prior to the visit. We will work with the City to establish a protocol that will ensure that our activities will have minimal disruption to the operation of each facility and will maintain a safe work environment. TEAM COMPOSITION The project will be managed by a Program Manager who will be your single point of contact. Reporting to the Program Manager will be several Project Managers who are architectural and engineering subject matter experts (SME) in the evaluation of building systems and generating the reports. We evaluate the building portfolio to determine which team members will be assigned to particular sites. Larger or more complex sites will have both an architect and an engineering SME. Smaller or simpler buildings will have a single SME field assessor that understands all building systems. TECHNICAL APPROACH Prior to assessments beginning, BVTA will conduct a Kick -Off Meeting to review requirements and to consolidate exhibits such as drawings and prior completed reports. During the term of the project, BVTA will conduct regular Progress Meetings to maintain open communication with the entire project team and the City. BVTA will lead with an agenda that includes a focus on work plan, schedule, and project needs. This will permit the opportunity to proactively address challenges encountered, so that course adjustments may be made. Each meeting will conclude with task assignments, schedules, and goals to be met. BVTA will provide the City with a written status report that tracks and monitors the progress of the assessments against the schedule submitted. 11 12/31/2020 BVTA has allocated time for regular teleconference meetings and the following meetings: Kick -Off Meeting, Pilot Review Meeting (teleconference), and a Final Findings Presentation meeting. Any additional in -person meetings will be on a time and expense basis. PILOT PROGRAM To begin the work BV proposes a Pilot Program where we will perform an assessment of a single building and prepare a written Draft Report for review. A meeting will be held with Client staff to review the draft report before assessing the remaining buildings. The assessment team will visit the building to evaluate the general condition of the buildings and site improvements, review available construction documents in order to become familiar with, and be able to comment on the in -place construction systems, life safety, mechanical, electrical and plumbing systems, and the general built environment. FIELD ASSESSMENTS The Assessment Team will conduct a walk-through survey of the facility and site to observe systems and components, identify physical deficiencies, and formulate recommendations to remedy the physical deficiencies. As a part of the walk-through survey, the Team will survey 100% of each facility. BVTA will survey the exterior and grounds, including the building exterior, roofs, sidewalk/pavement, and recreational/other areas as applicable. They will interview the building maintenance staff about the property's historical repairs and replacements and their costs, level of preventive maintenance exercised, pending repairs and improvements, and frequency of repairs and replacements. The Assessment Team will develop opinions based on their site assessment, interviews with the City's building maintenance staff, and interviews with relevant maintenance contractors, municipal authorities, and experience gained on similar properties previously evaluated. The Team may also question others who are knowledgeable of the property's physical condition and operation or knowledgeable of similar systems to gain comparative information to use in evaluation of the subject property. The Assessment Team will review documents and information provided by the City's maintenance staff that could aid the knowledge of the property's physical improvements, extent and type of use, and/or assist in identifying material discrepancies between reported information and observed conditions. The facility condition assessment will include the City -identified assets and will focus on the following facility and site systems and components: Site + Infrastructure • Topography: Observe general topography and note any unusual or problematic features or conditions observed or reported. • Paving, Curbing, and Parking: Identify material types of paving and curbing systems at the property. Flatwork: Identify material flatwork at the property (sidewalks, plazas, patios, etc.). • Landscaping and Appurtenances: Identify material landscaping features, material types of landscaping (fences, retaining walls), and site appurtenances (irrigation systems, fountains, lighting, signage, ponds). • Utilities: Identify type of material utilities provided to the property (water, electricity, natural gas); and assess condition, physical deficiencies, life cycle repair, and replacement issues. 12 12/31 /2020 Recreational Facilities: • Identify any material on -site recreational facilities such as athletic fields, swimming pools, spas, tennis or basketball courts, jogging or bicycle paths, etc. Observe the general conditions and note any reported physical deficiencies or any unusual items or conditions observed or reported. Swim Facilities: • Observe the general conditions and note any physical deficiencies identified or any unusual items or conditions observed. This would include the swimming pool and any structures/facilities associated with the swim amenity. • Observations will include visual inspection of the pumps, water treatment or filtration systems, and heating equipment. EV Charging Stations: • With information provided by the client document the payment software providing access to the charging station, if any. • Identify the power source for the EV charging station and if possible, determine if the power used is billed to a client electrical meter. • Determine the age of the equipment and review for deterioration from weather and use. Identify the remaining useful life of the charging station equipment and the cost to replace the equipment. • Review the signage, paving and surface materials around the charging stations for deterioration. Exhibits (Museum, etc.) • Review the exhibit signage for deterioration and estimate its remaining useful life (RUL) and the cost to replace the signage. • For larger exhibits review any building materials used in the exhibit design and opine on their condition and Remaining Useful Life and the cost to replace the materials. • Comment on the condition of the paving and retaining walls at exterior exhibits and estimate their Remaining Useful Life Structural Frame + Building Envelope • Identify material elements of the structural frame and exterior walls, including the foundation system, floor framing system, roof framing system, facade or curtain -wall system, glazing system, exterior sealant, doors, commercial overhead doors, sliders, windows, and stairways, etc. • Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed. Observations may be subject to grade, and rooftop vantage points. • Visually inspect observable areas for cracking and moisture infiltration as well as areas of apparent foundation settlement and displacement" • In the event more information or exploratory testing is required, in order to provide remedial measures, the report may include recommendation for additional investigative testing (Tier 1 or Tier 2). Wall Evaluation • Photograph elevations and details both from internal and external vantage points, as well as from adjacent structures where possible. 13 12/31/2020 • Observe representative operable and fixed panels on all facades, operating a representative sample of units to assess hardware and visually inspect exterior conditions and condition of waterproofing seals. • Assess curtain wall condition to determine water infiltration, damage, caulk degradation, metal panel degradation, stone degradation and anchoring, and other related curtain wall issues. Curtain Wall — As Required • Review curtain wall condition and a sampling of fixed panels on facades to assess hardware and visually review exterior conditions and the condition of waterproofing seals, where accessible without the use of lifts, ladders, scaffolding, suspension devices, or the like; may include observations from internal and external vantage points, as well as adjacent structures. Observations are limited to grade and may include accessible balconies or rooftop vantage points. • Review provided drawings and records of repair, replacement, and maintenance of framing and glazing. Roofing (Non -Invasive Visual) • Identify material roof systems (roof type, reported age, slope, drainage) and any unusual roofing conditions or rooftop equipment. • Observe general conditions of the roof system (membranes, attachment methods, flashings, counter flashings, pitch pans, gravel stops, parapets, miscellaneous appurtenances, insulation). • Observe for evidence of material repairs, significant ponding, or evidence of material roof leaks. Note if a roof warranty is in effect. Note any physical deficiencies identified or unusual items observed or reported. • Identify material rooftop equipment or accessories (antennas, lightning protection, HVAC equipment, solar equipment). Include any material problems reported. • BVTA understands that the City will provide OSHA compliant ladders, lifts and/or scaffolding (depending on roof type) so that the Project Manager may safely access roof areas. If requested, BVTA can provide a quote for lift and/or ladder access as needed. Observations will be limited to readily accessible areas. Plumbing • Identify material plumbing systems at the property including domestic water supply, sanitary sewer, or any special or unusual plumbing systems (such as water features, fuel systems, gas systems, etc.). • Identify type and condition of restroom fixtures, drinking fountains and/or other plumbing equipment. • Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed. Include any reported material system inadequacies. Heating • Identify material heat generating systems at the property. • Observe general conditions, identify reported age of the equipment, note past material component replacements/upgrades, note apparent level of maintenance, and identify if a maintenance contract is in place. If heating equipment is not operational at the time of the walk-through survey, provide an opinion of the condition to the extent reasonably possible. 14 12/31/2020 • Identify and observe any special or unusual heating systems or equipment present (fireplaces, solar heat, etc.) and note any reported material problems or inadequacies. Air -Conditioning + Ventilation • Identify the material air-conditioning and ventilation systems at the property. Include material equipment such as cooling towers, chillers (type of refrigerant used), package units, split systems, air handlers, thermal storage equipment, etc. • Identify material distribution systems (supply and return, make-up air, exhaust) at the property. • Observe general conditions, identify equipment reported age, note past material component upgrades/replacements and apparent level of maintenance, and identify if a maintenance contract is in place (contractor name). If AC and ventilation systems are not operational at the time of the walk- through survey, provide an opinion of the condition to the extent reasonably possible. • Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed. Additionally, include any material reported system inadequacies or operating deficiencies. • Identify and observe any special or unusual air-conditioning and ventilation systems or equipment (cold storage systems, special computer cooling equipment, etc.) and note any material reported problems or system inadequacies. Electrical • Identify the electrical service provided and distribution system at the property. • Include material switchgear disconnects, circuit breakers, transformers, meters, emergency generators, general lighting systems, and other such equipment or systems. • Observe general electrical items (distribution panels, type of wiring, energy management systems, emergency power, lightning protection). • Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed. Also, note the presence of any special or unusual electrical equipment, systems, or devices at the property, and include reported material problems or system inadequacies. We Safety + Fire Protection • Identify material life safety/fire protection systems at the property, including sprinklers and stand pipes (wet or dry), fire hydrants, fire alarm systems, water storage, smoke detectors, fire extinguishers, emergency lighting, stairwell pressurization, smoke evacuation, etc. • Observe general conditions and note any material physical deficiencies identified or unusual items or conditions observed or reported including any reported system inadequacies. Elevators + Vertical Transportation • Identify vertical transportation systems at the property. Include the equipment manufacturer, equipment type, location, number, capacity, etc. • Observe elevator cabs, finishes, call and communication equipment, etc. • Identify the company that provides elevator/ escalator maintenance at the property. Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed or reported including any reported material system inadequacies. 15 12/31 /2020 • Out of Scope Issues: Performing any calculations, examination of operating system components such as cables, controller, motors, etc.; entering elevator/escalator pits or shafts. Interior Elements • Identify offices, special use areas, and building standard finishes, including flooring, ceilings, walls, etc. Furnishings and fixed components will be reviewed and included in the cost estimate tables for replacements. BVTA will identify material building amenities or special features. • Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed or reported. Food Service Spaces and Equipment • Assess all food service equipment and spaces (kitchen, cafeteria, dining, serving areas). Food service equipment (fixed equipment) will be evaluated for adherence to life/ safety code and ventilation requirements as well for condition and capital replacement. Special Systems and Equipment • Include all special systems and equipment, such as Emergency Medical Systems (EMC), chillers, radio towers, equipment lifts, chair lifts, chemical storage or treatment areas, storage tanks, dumbwaiters, vaults, public address systems, and telephone systems. Limited Accessibility Compliance Provide a general statement of the subject building's likely compliance to the Americans with Disabilities Act to help identify whether Client may be exposed to issues and whether there is the need for further review. Energy Conservation Analysis • Consider energy conservation savings when making repair or replace recommendations and include these projects in the project prioritization. + Able to provide an Energy Audit (ASHRAE Level I, II, or III) or Benchmarking (EnergyStar) services as an additional service. RANIONG AND CLASSIFICATION Based upon our observations, research and judgment, along with consulting commonly accepted empirical Expected Useful Life (EUL) tables; BVTA will render our opinion as to when a system or component will most probably necessitate replacement. Accurate historical replacement records provided by the facility manager are typically the best source for this data. Exposure to the weather elements, initial system quality and installation, extent of use, the quality and amount of preventive maintenance exercised are all factors that impact the effective age of a system or component. As a result, a system or component may have an effective age that is greater or less than its actual age. The Remaining Useful Life (RUL) of a component or system equals the EUL less its effective age. CONDITION RANIUNG OF BUILDING SYSTEMS / EQUIPMENT BVTA can rate the condition of each facility with the below rating system, or another City -specified scale: 5 Excellent —No visible defects, new or near new condition, may still be under warranty if applicable 4 Good —Good condition, but no longer new, maybe slightly defective or deteriorated, but is overall functional 16 12/31/2020 3 Adequate — Moderately deteriorated or defective, but has not exceeded useful life 2 Marginal— Defective or deteriorated in need of replacement; exceeded useful life 1 Poor— Critically damaged or in need of immediate repair; well past useful life BVTA can also include alternative categories to rank and weight priorities as required by the City, such as functional deficiencies, aesthetics, time -based urgencies, and other mission critical factors. PRIORITY CLASSES The analysis will include all cost observations be ranked by Priority Classes. The five classes below are typical but can be altered to meet your specifications and needs: Priority is Currently Crltical (Immsdiato); Requiring immediate action includIngacited safety hazard and areas of xct lerattd deterioration, returning a bui[dingconniponentto normal operation. Priority 2: Pate ntlallyCritical (Year 1-2)-, Requiring action In the next year including components experiencing intermittent operations, potential life safety issues, and rapid deterioration, returning a building componentto normal operation. Priority Necessary -Ill Critical (Years 3-5). RegWring appropriate attention topreclude predictable deterioration, potential dow•ntir,additionaldamage,andhigheroaststoremedlationIf deferred further. Prlorlty4. Recommended (Years$-10: Years 15-20)z Representing a sensible i mprove went to the existing ctsnd itions (not required for the most basic function of the facility; however, veil l im prove overall inability and/or reduce long-term m al ntena nce costs), Priority$: Does Not Meet CurrentCode but "Grandfathered" a i^ioAction required at this time but show [dsubstantialwork be undertaken correction would be req wired. DEFICIENCY CATEGORIES (UNIFORMAT) The deficiencies observed will be classified into categories such as those below using the Uniformat System: A10 Foundations A20 Basement Construction B10 Superstructure B20 Exterior Enclosure B30 Roofing C10 Interior Construction C20 Stair C30 Interior Finishes 17 12/31 /2020 D10 Conveying D20 Plumbing D30 HVAC D40 Fire Protection D50 Electrical E10 Equipment E20 Furnishings F10 Special Construction F20 Selective Building Demolition COST ESTIMATING BVTA's cost estimating database is comprised of RS Means data and further customized with proprietary cost tables developed by BVTA, based on historical and localized actual costs. BVTA maintains and updates our Uniformat-based cost estimating system with information received from the field. Through construction monitoring work, we have current cost data from hundreds of in -progress construction and rehabilitation projects. This data allows us to calculate costs based on local conditions to maintain a cost database that is typically more current than RS Means' models. Each report will include a Capital Needs Analysis including an estimated cost for each system or component repair or replacement anticipated during the evaluation term. The report will provide options for repair of the deficiency, and the capital needs analysis will be presented as an Excel -based cost table that includes a summary of the description of each component, the age and estimated remaining useful life, the anticipated year of repair or replacement, quantity, unit cost and total cost for the repair of each line item. A consolidated Capital Needs Analysis will be presented that includes all anticipated capital needs for all buildings. The cost estimate for capital deficiencies will be based on the estimate for maintenance and repair, but may at the City's option, also include project management, construction, and design fees derived using actual costs from previous projects. After determining these costs, we will confirm these costs with the City Staff. REPORT DELIVERABLES BVTA will provide an in-depth report including a description of each of the building components and systems as described in the approach sections above. Each report is organized by building system and include digital photos of major systems and components and of all deficiencies identified. Reports will include current and anticipated repairs and deficiencies, recommended repair and component life -cycle replacements, and applicable options for repair or maintenance of building components. BV will provide the following reports depending on the size of the buildings or site: Building Condition Report - Standard: Each report will be generally organized by building system and will include an analysis of all building systems and components. Each report will include color digital photos of all major systems and components and will include photos of all deficiencies identified. These deficiencies will be summarized in a capital needs analysis table included throughout each report. Building Condition Report - Abridged: For buildings less than 5,000 SF the report format in comparison with the standard will be abbreviated due to the fact that there are fewer major systems and conditions to observe and report on. 18 12/31 /2020 Group Building Condition Report: This report format is for sites with multiple buildings. An overall report will represent the multiple building site, with individual building assessments contained within. In addition to the hardcopy 'campus' report, the data collection/capital planning software allows individual building data reports to be generated. The Capital Needs analysis will include a cost database sorted by building system and ranked by priority for repair. The format of the database will allow for reporting by building, system, or priority for repair, and a year -by -year analysis of capital needs. Facility Condition Index A Facility Condition Index (FCI) will be calculated for each building. This index will be a function of required repairs compared to building replacement costs. The FCI will be generated from the data collection/capital planning database and will be updated as components age or are replaced. Capital Plan Reports will reflect a 5, 10, or 20-year capital plan based on BVTA's 20-year building system evaluation. The analysis will include a cost table sorted by building and system and ranked by priority for repair. Tables will allow for the customization of reporting and a year -by -year capital needs analysis. The report will include: An Executive Summary with graphic presentation of results to provide a quick, user-friendly summary of the property's observed condition and estimated costs assigned by category. Estimated costs shall be cross-referenced to report sections and elaboration of cost issues will be presented. Components observed that are exhibiting deferred maintenance issues and estimates for immediate and capital repair costs based on observed conditions, available maintenance history and industry - standard useful life estimates. If applicable, this analysis will include the review of any available documents pertaining to capital improvements completed within the last five-year periods, or currently under contract. BVTA shall also inquire about available maintenance records and procedures and interview current available on -site maintenance staff. • Recommended schedule for replacement or repairs (schedule of priorities). • Digital photographs for the buildings including photos of deficiencies. • General description of the property and improvements and comment generally on observed conditions. • Critical repairs and life safety issues separately from repairs anticipated over the term of the analysis. • FCI number for the building. BVTA will submit PDF draft reports electronically and once approved and finalized, a program summary report to include a roll -up of all prioritized capital needs across all facilities. All electronic copies of the report will include all text, deficiency tables, digital photos, and supporting documentation and report appendices. Deficiency Categories / Plan Types Each deficiency identified in the Assessment shall be classified in the following manner (or other Client defined categories): 19 12/31 /2020 Category I - Scheduled Maintenance: Maintenance that is planned and performed on a routine basis to maintain and preserve the condition. Category 2 - Deferred Maintenance: Maintenance that was not performed when it was scheduled or is past its useful life resulting in immediate repair or replacement. Category 3 - Capital Renewal: Planned replacement of building systems that have reached the end of their useful life. Category 4 - Energy and Sustainability: When the repair or replacement of equipment or systems are recommended to improve energy and sustainability performance. Category 5 - Security: When a system requires replacement due to a security risk or requirement. Program -wide Report In addition to each building report, BV will develop a Program -wide Report that includes a ranked system- wide Capital Plan for all facilities with programmatic conclusions and recommendations. The Program Report includes a brief narrative description of each facility/building component and system, and discusses the current, anticipated repairs, deficiencies, and of all buildings assessed. The Program Report analyses will include tables sorted by building system and ranked by priority for repair. The format of the tables will allow for the several perspectives of reporting by FCI, building, system, or priority for repair, and a year -by -year analysis of capital needs. Sustainability Efforts - Digital Reports BV regularly takes measures to minimize impacts to the environment in the delivery of services. In lieu of printing reports and meeting minutes, BV makes an effort to be stewards of the environment by using digital distribution for materials. When appropriate, we suggest that in -person meetings be done by teleconference or video conference - in order to reduce our carbon footprint. OPTION: EQUIPMENT AND ASSET INVENTORY During the assessment, each field team will be responsible for collection and storing the inventory and condition assessment data in an electronic format that is readily transferable to the City's CMMS system. BVTA will collect information on the major pieces of facility equipment. Specifically, the data collection will include City -defined assets, and also focus on the following components: HVAC (level of detail for which Preventive Maintenance would be performed) o Heating System • Identify boilers, furnaces, unit heaters and major labeled equipment o Ventilation System ■ Identify the major labeled equipment; exhaust hoods, fans o Air Conditioning System ■ Identify the material air-conditioning components, including cooling towers, compressors, chillers, package units, roof top units, split systems and major labeled equipment. Excluded are window units, terminal units, VAV boxes, and thermostatic controls • Electrical o Major panels only -for identification to track maintenance 20 12/31 /2020 o Transformers o Switchgear • Equipment o Building Automation System + Plumbing o Pumps external to HVAC systems o Domestic Hot Water heaters over 80 gallons o Other major labeled equipment • Commercial Kitchen - major equipment (above approximately $2000 value) o Walk-in freezer and refrigerator equipment o Ovens, stoves, broilers, grills o Reach -in refrigerators and freezers o Dishwashers o Fryers • Life Safety/Security o High Level (system level) only -for identification to track maintenance Is Alarm Panels ■ Emergency generators ■ Exhaust hood fire suppression • Vertical Transportation Where appropriate, the following data will be collected for each component: • Location data • Model • Serial Number • Manufacturer • Manufactured Date Barcoding / QR Code Tagging For the above referenced equipment, BV will apply a durable barcode/QR code (supplied by Camcode) with a unique code number for use as an identifier in the Lucity CMMS system. We will place the tags in industry standard locations for each piece of equipment (client can review location of tags during test site). Barcode/QR numbers will be recorded in the database and all future work orders etc., can be tied back to a single piece of equipment or system. The QR codes will directly link to corresponding data (URL) in Lucity. 21 12/31 /2020 2.000" }yY L 12345678 0 i T. 800.733.0660 a BARCODE READS "12345678" INVENTORY AND BARCODING CLARIFICATIONS: • General assets (int./ext. finishes and FF&E) will not be collected. • BV to be provided access to all roofs and rooftop assets. Roof access to be provided by Client such as appropriate onsite ladder, roof hatch access, scheduled ladder service (by client/vendor), or a lift provided by client/vendor. • BV will data capture assets as reasonably ascertainable. • BV will make all reasonable and good faith efforts to locate, discover, or otherwise identify the data plate on each asset as part of the data collection and tagging exercise. Some assets will inherently be lacking data plate information due to any number of reasons: age, condition, prior removal, installation location, etc. BV will meet or exceed industry standard acceptable benchmarks for all asset data collection for all asset's with readily accessible data plates. Timine • BVTA's report(s) will be delivered within 90 full business/working days after receipt and approval of the signed proposal document. After engagement, a call will be placed to the designated onsite Point of Contact (POC) provided bye e Client in order to schedule the site i i, where applicable. The Client acknowledges that the Point of Contact provided shall be deemed an agent of the Client for the purposes of providing access and conveying information pertaining to the Site. Projects Placed on Hold or Canceled • Should the Client place the awarded project on hold or cancel the engagement after contract execution, the Client agrees to pay project -specific costs incurred by BVTA, such as administrative processing, regulatory database searches and non -recoverable travel fees, as well as a percentage of the project fee, depending upon the time the project is placed on hold or cancelled. Please note that BVTA invoices canceled jobs at the time of cancellation. Jobs on hold will be automatically invoiced 30 days from the date of the hold request. Requests to cancel or place projects on or off hold must be received by BVTA in writing (email acceptable) from the Client. Invoices billed as a result of projects being placed on hold or canceled are fully collectible. DDocum�= to be Furnished by Client In order to facilitate a cursory review of pre-existing documents for each Project, BVTA asks to be furnished with electronic or printed copies of available site information. Such documents may include: 22 12/31/2020 ■ Inspection Reports (sewer, boiler, chiller, etc.) • Prior Engineering Reports (CNA, PNA, PCA, etc.) • Prior Master Plans / Facility Master Plans • Capital Expenditure Schedules (prior or planned) • Rehabilitation budget & scope (draft or final) • Accessibility Transition Plans/Self Evaluations • Building Systems Maintenance Records • Owner Elected Repair list (if available) • Original Building Plans (can be viewed on - site) • Fire Protection/Life Safety Plans ■ Site Plan/Floor Plans Note: Documents to be reviewed should be provided to BVTA within five (5) business days and not less than one (1) day prior to the onsite. In the event that documents can only be made available at the Site, BVTA will perform a cursory review during the site visit as time permits. If documents are received after the site visit date, or if the volume of documentation is determined by BVTA to be excessive, then the Project may be subject to additional review fees at the rate of $190.00 per hour. Any additional review fees will be mutually agreed upon by BVTA and the Client at the time of review request and will be authorized using a Change Order. 23 12/31 /2020 EXHIBIT B Payment Rates and Schedule Facility Condition Assessment $ 76,264.00 Inventory of Assets and Equipment $ 7,655.00 Barcodin R Code Tagging $ 7,655.00 Camcode Labels 2 x 1 x .012 - Satin 2000 X 0.7260 $ 1,452.00 All fees referred to in this document are expressed in US Dollars. The proposed fees are limited to the specific Services described in this Proposal, performed according to the requirements of the corresponding ASTM standard practices, or Client -specified Protocols. Deliverable(s) The quoted price includes the delivery of: 27 1 Draft Email Full Report (PDF) 27 J Final Email Full Report (PDF) Unless otherwise specified, BVTA will submit all reports in Final format. Timing for completion of any requested post -delivery modifications to the report will be determined at the time of the request. If different deliverables are required, please indicate the quantity, type and method of delivery on the Project Authorization page of this proposal. 24 12/31 /2020 FIRE STATIONS Fire Station 73 Fire Station 84 Fire Station 92 Fire Station 95 - TVE2/Old City Hall Community Recreation Center/Pool Field Operations Center West Wing/Maintenance Facility Mary Phillips Senior Center Mercantile Building/Old Town Theater Temecula Children's Museum Temecula Community Center Temecula Valley Museum Temecula Wedding Chapel Temecula Public Library Pat Birdsall Sports Park - Snack Shack S.A.F.E. Civic Center Food Pantry/Help Center & Barn Harveston Community Room �. Ranch at Sommers Bend Sports Park - Snack Shack Jefferson Recreation Center Visitor's Center Civic Center Conference Rooms PD Storefront PARKING LOTS STRUCTURES Old Town Parking Garage Old Town Sixth Street Parking Lot Stampede Parking Lot ~� Address Size s ft Price 27415 Enterprise Circle West 6,956 $ 2,878.00 30650 Pauba Road 9,727 $ 2,878.00 32211 Wolf VallSy Road 9,030 $ 2,878.00 32131 South Loop Road 6,000 $ 2,878.00 43200 Business Park Drive 30,187 $ 3,597.00 30875 Rancho Vista Road 26,480 $ 2,878.00 43230 Business Park Drive 17,747 $ 2,878.00 43210 Business Park Drive 8,862 $ 2,878.00 41845 Sixth Street 9,296 $ 2,878.00 42051 Main Street 22,330 $ 2,878.00 42081 Main Street 7,600 $ 2,878.00 28816 Pu of Street 5,918 $ 2,878.00 28314 Mercedes Drive 7,200 $ 2,878.00 41970 Moreno Road 1,587 $ 2,878.00 30600 Pauba Road 34,003 $ 2,878.00 32380 Deer Hollow Way 800 $ 2,878.00 28816 Pu'ol Street 3,700 $ 2,878.00 41000 Main Street 100,000 $ 6,474.00 28922 Pu'ol Street 1,800 $ 2,878.00 28582 Harveston 1,250 $ 2,878.00 32125 Verbena Way 800 $ 2,158.00 41375 McCabe Court 20,000 $ 2,878.00 28690 Mercedes Street, Suite A $ 1,079.00 41000 Main Street Included in Civic Ctr 28690 Mercedes Street, Suite B $ 1,079.00 28690 Mercedes Street 179,000 $ 3,597.00 41952 6th Street $ 1,799.00 28721 Old Town Front Street $ 1,799.00 LUMP SUM TOTAL $ 76,264.00 OPTIONAL SCOPE Inventory of Assets and Equipment Import to Luci CMMS $ 7,655.00 Barcodin QR Code Tagging $ 7,655.00 Camcode Labels 2000 qtyX 0.7260 $ 1,452.00 25 12/31 /2020 Item No. 8 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 13, 2021 SUBJECT: Approve Purchase and Sale Agreement for the Purchase of 840 Square Foot Permanent Easement on 27511 Commerce Center Drive, Temecula (APN 921-480-032) in Connection with Overland Drive Extension Project (PW 16-06) PREPARED BY: Amer Attar, Principal Civil Engineer Paula Gutierrez Baeza, City Attorney's Office RECOMMENDATION: That the City Council take the following actions: 1. Adopt a resolution entitled: RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN PURCHASE AND SALE AGREEMENT, SETTLEMENT AGREEMENT, GENERAL RELEASE, AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND MARK MCMILLIN, LLC IN CONNECTION WITH THE OVERLAND DRIVE EXTENSION PROJECT, PW 16-06 2. Authorize the City Manager to approve and execute all necessary documents, including those in substantially the form attached to the Agenda Report, and take all necessary actions to effectuate the purchase of the approximate 840 square foot Permanent Easement on the real property located at 27511 Commerce Center Drive, Temecula (Assessor's Parcel Number 921-480-032). BACKGROUND: The City previously acquired certain property interests from four parcels in connection with the Overland Drive Extension Project, PW16-06 (Project), which extended Overland Drive from Commerce Center Drive to Enterprise Circle West. The Project improved traffic circulation and access to the Overland Drive. At the December 10, 2019 meeting, the City Council accepted the improvements and directed the City Clerk to file the Notice of Completion. On January 15, 2020, the Notice of Completion was recorded as Document Number 2020-0019782 of Official Records of the County of Riverside. The City acquired three parcels in fee and a permanent easement and temporary construction easement on a fourth parcel. The attached Agreement is for the completion of the outstanding obligations in connection with the City's acquisition of an approximate 840 square foot permanent easement for public street purposes, and all uses necessary or convenient thereto ("Permanent Easement"), and (ii) the City's use pursuant to the terms of Possession and Use Agreement entered into in February 2014 of an approximate 2,445 square foot temporary construction easement ("TCE") on the fifth parcel located at 27511 Commerce Center Drive in the City of Temecula, and identified as Riverside County Tax Assessor's Parcel Number 921-480-032 ("Subject Property"). The Subject Property is approximately 19,602 square feet in size and is improved with an approximate 6,820 square foot multi -tenant light industrial building, driveway, and parking improvements. Mark McMillin, LLC, a California limited liability company ("McMillin") owns the Subject Property. At the Closed Session meeting of October 22, 2019, the City Council approved the price and terms for the purchase of the Permanent Easement and use of the TCE in connection with the Project. The transaction could not be completed until recently, however, because McMillin had to resolve a few issues with state agencies regarding its standing. History of Negotiations for Permanent Easement and TCE and Construction of Project Pursuant to Possession and Use Agreement The City extended an offer to McMillin on May 11, 2011 for the purchase of the Permanent Easement and the TCE. During the Parties' good faith negotiations, McMillin informed the City that it wished to defer further negotiations until the City completed construction of the Project to enable McMillin to analyze all impacts of the Project on the Subject Property, including impacts to parking. McMillin agreed to authorize the City to construct the Project in the area of the Permanent Easement and to use the TCE to facilitate the construction of the Project pursuant to a Possession and Use Agreement entered into on February 11, 2014. The City opened an Escrow (File No. RRI 4583645) with First American Title Insurance and deposited the sum of $91,847 as the probable amount of just compensation for the Permanent Easement and use of the TCE based on an independent appraisal that used a date of value of February 7, 2011. In consideration for McMillin's irrevocable grant to the City of possession and use of the Permanent Easement and TCE to construct the Project, McMillin withdrew the $91,847 deposit from Escrow in 2014. The City completed the construction of the Project in fall of 2018. The City Council accepted the improvements for the Project and directed the City Clerk to file the Notice of Completion on December 10, 2019. On January 15, 2020, the Notice of Completion was recorded as Document Number 2020-0019782 of Official Records of the County of Riverside. The City constructed certain street and related improvements in the area of the Permanent Easement and used the TCE to facilitate construction of the Project. On May 24, 2019, the City recorded as Document Number 2019-0185146 of Official Records of the County of Riverside a Notice of Termination of City's Use of the Temporary Construction Easement to document the termination of the City's use of the TCE in connection with the Project. The Parties resumed their good faith negotiations and have reached an agreement for the total just compensation that the City will pay for the purchase of the Permanent Easement and for its use of the TCE, subject to the terms of the attached Agreement. Total Consideration Pursuant to Agreement Pursuant to the Agreement, the City will pay to McMillin the total compensation of $141,347 for the Permanent Easement and use of the TCE in connection with the Project. The $141,347 includes the $91,847 deposit that McMillin withdrew from Escrow in 2014. Accordingly, the City will need to deposit into Escrow the additional $49,500 representing the difference between $141,347 total just compensation and the $91,847 previously withdrawn from Escrow by McMillin. The $141,347 total compensation is an all-inclusive settlement and constitutes the total payment for the fair market value of the Permanent Easement and use of the TCE, and full and complete consideration for all claims arising in connection with or out of the City's acquisition of the Permanent Easement and use of the TCE for the Project, claims for severance and other damages, inverse condemnation, precondemnation damages, attorneys' fees, interest, loss of rents, improvements located in the area of the Permanent Easement or TCE, loss of parking, loss of business goodwill pursuant to Code of Civil Procedure Section 1263.510, and any other damages of every kind and nature suffered by McMillin by reason of the City's acquisition of the Permanent Easement and use of the TCE in connection with the Project. FISCAL IMPACT: The Overland Drive Extension Project is identified in the Capital Improvement Program (CIP) Budget. It is funded with Development Impact Fees (DIF) Street Improvements, and the General Fund. The total remaining City obligation for the City's purchase of the Permanent Easement and its use of the TCE in connection with the Project is $49,500 plus any escrow -related costs, which are not expected to exceed $10,000. Sufficient funds are available in the Project accounts. ATTACHMENTS: 1. Resolution 2. Purchase and Sale Agreement with Exhibits 3. Project Description 4. Property Location Map RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN PURCHASE AND SALE AGREEMENT, SETTLEMENT AGREEMENT, GENERAL RELEASE, AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND MARK MCMILLIN, LLC IN CONNECTION WITH THE OVERLAND DRIVE EXTENSION PROJECT, PW16-06 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. A. The City of Temecula ("City") is a municipal corporation, located in the County of Riverside, State of California. B. The Overland Drive Extension Project, PW16-06 ("Overland Drive Extension Project") is identified in the City's Capital Improvement Program (CIP) Budget. The Overland Drive Extension Project, which extended Overland Drive from Commerce Center Drive to Enterprise Circle West, was completed in fall of 2018. The Overland Drive Extension Project included the demolition of two buildings located between Commerce Center Drive and Enterprise Circle West. It constructed new roadway improvements, including curbs and gutters, sidewalks, handicap access ramps, storm drains, adjusted certain utility facilities, and installed landscaping. The Overland Drive Extension Project is Phase I of the Murrieta Creek Overcrossing and Overland Drive Extension Project (PW00-26). On December 10, 2019, the City Council accepted the improvements for the Overland Drive Extension Project and directed the City Clerk to file the Notice of Completion. On January 15, 2020, the Notice of Completion was recorded as Document Number 2020-0019782 of Official Records of the County of Riverside. C. The Overland Drive Extension Project required the acquisition of certain real property interests from five parcels. The attached Purchase and Sale Agreement, Settlement Agreement, General Release and Escrow Instructions Between the City of Temecula and Mark McMillin, LLC in Connection with the Overland Drive Extension Project, PW16-06 ("Agreement") is for the completion of the outstanding obligations in connection with the City's acquisition of an approximate 840 square foot permanent easement for public street purposes, and all uses necessary or convenient thereto ("Permanent Easement"), and (ii) the City's use pursuant to the terms of Possession and Use Agreement entered into on February 11, 2014 of an approximate 2,445 square foot temporary construction easement ("TCE") on the fifth parcel, which is located at 27511 Commerce Center Drive in the City of Temecula, and identified as Riverside County Tax Assessor's Parcel Number 921-480-032 ("Subject Property"). D. The Subject Property is approximately 19,602 square feet in size and is improved with an approximate 6,820 square foot multi -tenant light industrial building, driveway, and parking improvements. Mark McMillin, LLC, a California limited liability company ("McMillin") owns the Subject Property. E. Pursuant to Government Code Section 7267.2, the City extended a written offer to McMillin on May 11, 2011 for the purchase of the Permanent Easement and use of the TCE. During the Parties' good faith negotiations, McMillin informed the City that it wished to defer further negotiations until the City completed construction of the Overland Drive Extension Project to enable McMillin to analyze all impacts of said Project on the Subject Property, including impacts to parking. McMillin agreed to authorize the City to construct the Overland Drive Extension Project in the area of the Permanent Easement and to use the TCE to facilitate the construction of said Project pursuant to a Possession and Use Agreement entered into on February 11, 2014. F. The City opened an Escrow (File No. RRI 4583645) with First American Title Insurance and deposited the sum of $91,847 as the probable amount of just compensation for the Permanent Easement and use of the TCE based on an independent appraisal that used a date of value of February 7, 2011. In consideration for McMillin's grant to the City of possession and use of the Permanent Easement and TCE to construct the Overland Drive Extension Project, McMillin withdrew the $91,847 deposit from Escrow in 2014. G. The City constructed certain street and related improvements in the area of the Permanent Easement and used the TCE area to facilitate construction of the Overland Drive Extension Project. On May 24, 2019, the City recorded as Document Number 2019-0185146 of Official Records of the County of Riverside a Notice of Termination of City's Use of the Temporary Construction Easement. The Parties resumed their good faith negotiations and have reached an agreement for the total just compensation that the City will pay for the purchase of the Permanent Easement and for the City's use of the TCE to facilitate the construction of the Overland Drive Extension Project, subject to the terms of the attached Agreement. At the Closed Session meeting of October 22, 2019, the City Council approved the price and terms for the purchase of the Permanent Easement and use of the TCE. The Agreement could not be completed until recently, however, because McMillin had to resolve a few issues with state agencies regarding its standing. H. At its meeting of September 10, 2013, the City Council approved the Mitigated Negative Declaration (MND) and Mitigation Monitoring Plan for the Murrieta Creek Overcrossing and Overland Drive Extension Project (PW00-26). The MND considered the environmental impacts of Phase I, which consists of the improvements for the Overland Drive Extension Project, PW 16-06, and demolition of certain structures. The MND also considered the impacts of Phase 2, which will construct Overland Drive between Enterprise Circle West and Diaz Road, including a bridge over Murrieta Creek. The City Council found that based on the record before it (1) the MND was prepared in compliance with California Environmental Quality Act ("CEQA"); (2) there is no substantial evidence that the Murrieta Creek Overcrossing and Overland Drive Extension Project, of which the Overland Drive Extension Project is a part, will have a significant effect on the environment that cannot be adequately and feasibly mitigated with the adopted Mitigation Monitoring Program; and (3) the MND reflects the independent judgment and analysis of the City Council. The City duly filed the Notice of Determination in accordance with CEQA. 2 Section 2. Approval of Purchase and Sale Agreement. The City Council hereby approves the Purchase and Sale Agreement, Settlement Agreement, General Release, and Joint Escrow Instructions Between the City of Temecula and Mark McMillin, LLC in Connection with the Overland Drive Extension Project, PW16-06. Section 3. Environmental Analysis. The environmental effects of the acquisition of the Permanent Easement and use of the TCE on the Subject Property were studied as an integral part of the MND and Mitigation Monitoring Program for the Murrieta Creek Overcrossing and Overland Drive Extension Project (PW00-26). The findings made by the City Council at its meeting on September 10, 2013 in approving the MND and the Mitigation Monitoring Program are the appropriate findings for the acquisition of the Permanent Easement and use of the TCE. In connection with the attached Agreement, City staff reviewed all of the environmental documentation prepared in connection with the Murrieta Creek Overcrossing and Overland Drive Extension Project (PW00-26), including, but not limited to, the MND, Mitigation Monitoring Program, the initial environmental study, agenda report relating to the approval of the MND, and the Notice of Determination. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City staff concluded that no substantial changes have occurred in the Murrieta Creek Overcrossing and Overland Drive Extension Project (PW00- 26), of which the Overland Drive Extension Project, PW 16-06, is a part; no substantial changes have occurred in the circumstances under which the Murrieta Creek Overcrossing and Overland Drive Extension Project (PW00-26) is undertaken; and that the City has obtained no new information of substantial importance that would require further environmental analysis, including the fact that no mitigation measures previously found not to be feasible would in fact be feasible. These environmental findings are the appropriate findings with respect to the acquisition of the Permanent Easement and use of the TCE on the Subject Property. Section 4. City Manager's Authority. The City Manager is authorized to execute the Agreement in substantially the form attached. A copy of the final Agreement shall be placed on file in the Office of the City Clerk. The City Manager (or the City Manager's designee), is hereby authorized, on behalf of the City, to take all actions necessary and convenient to carry out and implement the Agreement, and to administer the City's obligations, responsibilities and duties to be performed under the Agreement, including but not limited to, execution of the Certificate of Acceptance, escrow instructions, and other similar agreements and documents as contemplated by or described in the Agreement or as necessary and convenient to effectuate the transaction contemplated therein. Section 5. Certification. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of April, 2021. Maryann Edwards, 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. 2021- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of April, 2021, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk PURCHASE AND SALE AGREEMENT, SETTLEMENT AGREEMENT, GENERAL RELEASE, AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND MARK MCMILLIN, LLC IN CONNECTION WITH THE OVERLAND DRIVE EXTENSION PROJECT, PW16-06 This Purchase and Sale Agreement, Settlement Agreement, General Release and Joint Escrow Instructions Between the City of Temecula and Mark McMillin, LLC, a California limited liability company in connection with the Overland Drive Extension Project, PW16-06 ("Agreement") is entered into by and between MARK MCMILLIN, LLC, a California limited liability company "Seller") and the CITY OF TEMECULA, a municipal corporation ("City") and constitutes an agreement to purchase and sell real property between the Parties and the Parties' joint escrow instructions directed to First American Title Insurance Company ("Escrow Holder"). The Agreement is effective on the date it is fully executed ("effective date"). The City and Seller are referred to in this Agreement collectively as the "Parties". RECITALS A. Seller is the record fee owner of the real property commonly known as 27511 Commerce Center Drive in the City of Temecula, and identified as Riverside County Tax Assessor's Parcel Number 921-480-032 ("Property"). The Property is approximately 19,602 square feet in size and is improved with an approximate 6,820 square foot multi -tenant light industrial building, driveway, and parking improvements. B. On May 11, 2011, the City extended a written offer to Seller pursuant to Government Code Section 7262.7 to purchase the following subject property interests from the Property for a public use, namely for the construction of the Overland Drive Extension Project, PW 16-06 ("Project"): • An approximate 840 square foot permanent easement for public street purposes and all uses necessary or convenient thereto described on Exhibit "A" labeled "Legal Description Easement for Road Purposes" and depicted on Exhibit `B" labeled "Easement for Road Purposes — Lot 16" ("Permanent Easement"). ■ An approximate 2,445 square foot temporary construction easement with a term of 18 (eighteen) months to facilitate the construction of Phase I of the Project. The temporary construction easement is described more particularly on Exhibit "A- I" labeled "Legal Description Temporary Construction Easement" and depicted on Exhibit "B-1" labeled "Temp. Construction Easement — Lot 16" ("TCE"). C. On February 11, 2014, the Parties entered into a Possession and Use Agreement. Pursuant to the Possession and Use Agreement, Seller irrevocably granted to the City possession and use of the Permanent Easement and TCE for the construction of the Project. The City deposited with Escrow Holder into Escrow File No. RRI 4583645 ("Escrow") the sum of $91,847 ("Deposit") as the probable amount of just compensation for the Permanent Easement 11086-0166\2420892v2.doc and use of the TCE based on an independent appraisal that used a date of value of February 7, 2011. In consideration for Seller's irrevocable grant to the City of possession and use of the Permanent Easement and TCE, the City consented to the Owner's withdrawal and release of the $91,847 from Escrow. Owner withdrew said $91,847 from Escrow in 2014. D. Pursuant to Section 10.a. of the Possession and Use Agreement, the Parties acknowledged that the City is authorized to acquire real property by eminent domain for a public use, including public street purposes and all uses necessary or convenient thereto, pursuant to the authority conferred upon the City of Temecula by California Constitution Article 1, Section 19, California Government Code Sections 37350, 37350.5, 37351, 40401 and 40404 and California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including, but not limited to, Code of Civil Procedure Section 1240.410. The Parties also acknowledge that the Project is a public use for which the City has the authority to exercise the power of eminent domain. The Parties further acknowledged that the City Council of the City of Temecula, as the City's governing body, has sole discretion to make the findings required by Code of Civil Procedure Section 1240.030 for the adoption of a resolution of necessity pursuant to the Eminent Domain Law. (Code of Civil Procedure Section 1245.220). If Seller and the City had not reached an agreement for the City's purchase of the Permanent Easement and use of the TCE, City staff would have recommended to the City Council that it consider the adoption of a resolution of necessity authorizing the initiation of eminent domain proceedings to acquire the Permanent Easement and TCE in accordance with the Eminent Domain Law. The City Council, however, has the exclusive and sole discretion to adopt a resolution of necessity. The adoption of any such resolution of necessity would require the City's compliance with applicable law, including Government Code Section 7260 et seq. and the Eminent Domain Law. E. The Project extended Overland Drive from Commerce Center Drive to Enterprise Circle West. On May 24, 2019, the City recorded as Document Number 2019-0185146 a Notice of Termination of City's Use of the Temporary Construction Easement Pursuant to Possession and Use Agreement. The Notice of Termination provided notice that the City's contractor completed construction of the Project, and the City no longer required possession of the 2,445 square foot TCE area. Said Notice of Termination further provided notice of the extinguishment of the approximate 2,445 square foot TCE and the relinquishment of the City's rights and interests in said TCE. F. Pursuant to Section 9 of the Possession and Use Agreement, McMillin confirmed that it wished to defer the continuance of good faith negotiations for the City's purchase of the 840 square foot permanent easement and compensation for the 2,445 square foot TCE until after the City completed construction of the Project. The Parties have negotiated in good faith and have reached an agreement regarding the City's purchase of the Permanent Easement and the use of the TCE for the Project, subject to the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the above Recitals, which are incorporated herein by this reference, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Seller agree to the following: 1. Purchase and Sale. On the Close of Escrow (as defined in Section 2 below), Seller agree to sell the Permanent Easement to the City and the City agrees to purchase the -2- 11086-0166\2420892v2.doc Permanent Easement from Seller on the terms and conditions set forth in this Agreement. As noted in Recital C, the City's use of the TCE terminated in 2019. 2. Escrow. The Escrow opened by the City in connection with the Possession and Use Agreement remains open. Accordingly, within five business days after the effective date of this Agreement, the City will forward to Escrow Holder a copy of the fully -executed Agreement. The Parties can execute the Agreement in counterparts as set forth in Section 19.f. below. Close of Escrow means the date on which the Grant of Easement is delivered and recorded in the Official Records of the County of Riverside. The Close of Escrow will occur after the performance of all duties and obligations under this Escrow that are required to take place prior to Close of Escrow. 3. Total Compensation. The total compensation that the City will pay to Seller as an all-inclusive settlement for the City's purchase of the Permanent Easement and use of the TCE in connection with the Project is the sum of $141,347.00 (One Hundred Forty -One Thousand Three Hundred Forty -Seven Dollars) ("Total Compensation"). The Total Compensation is the total payment for the fair market value of the Permanent Easement and TCE, claims for severance damages, cost -to -cure damages, inverse condemnation, precondemnation damages, loss of business goodwill under Code of Civil Procedure Section 1263.510, attorneys' fees, interest, loss of rents, any improvements in the area of the Permanent Easement and TCE, loss of parking, and any other damages of every kind and nature suffered by the Seller by reason of the City's acquisition of the Permanent Easement and use of the TCE for the Project, construction of the Project, and all costs and expenses whatever in connection therewith. 4. Title and Title Insurance. Upon receiving a copy of the fully -executed Agreement, Escrow Holder will obtain and issue a title commitment for the Permanent Easement. Escrow Holder will also request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder will deliver these instruments and the title commitment to the City and Seller. Escrow Holder will insure the City's easement interest in the Permanent Easement, which is described above in Section B of the Recitals and on Exhibit "A" labeled "Legal Description Easement for Road Purposes" and depicted on Exhibit "B" labeled "Easement for Road Purposes — Lot 16" to this Agreement at the Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance (or an ALTA Extended Coverage Form of Title Policy if the City elects such coverage as provided below in Section 4.b.) in the amount of the Purchase Price (the "Policy"). The City will pay for the cost of the Policy. a. The Policy provided for pursuant to this Section will insure the City's interest in the Permanent Easement free and clear of all liens, encumbrances, restrictions, and rights -of -way of record, subject only to the following permitted conditions of title ("Permitted Title Exceptions"): i. General and special real property taxes for the then current tax fiscal year that are a lien not then due and payable. -3- 11086-0166\2420892v2.doc ii. The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Permanent Easement; and iii. Those non -monetary exceptions approved by the City within ten business days after the date the City receives the title commitment and legible copies of all instruments noted as exceptions therein. If the City conditionally disapproves any such exceptions, then Seller will use good faith efforts to seek to cause such exceptions to be removed by the Close of Escrow. In no event shall Seller be required to file any legal action to seek to remove any exception conditionally disapproved by the City. If such conditionally disapproved non -monetary exceptions are not removed by the Close of Escrow, the City may, at the City's option, either accept the Permanent Easement subject to such encumbrances, or request Escrow to disburse the additional compensation to be paid to Seller ($49,500), terminate the Escrow and proceed with an eminent domain proceeding in accordance with applicable law. In the event escrow is terminated, then within ten (10) business days of the written notice of termination to Escrow, Escrow shall disburse to Seller the Remaining Compensation. In no event shall City be relieved from paying Seller the agreed -upon purchase price. City shall be responsible for all escrow fees including, but not limited to, any charges for cancellation of escrow. At the Close of Escrow, the City's interest in the Permanent Easement will be free and clear of all monetary encumbrances. b. The City will have the option of obtaining an ALTA Extended Coverage Form Policy of Title Insurance (referred to below as the "ALTA Extended Policy") or a CLTA Standard Coverage Form Owners Policy of Title Insurance. If the City, in its sole discretion, determines to obtain an ALTA Extended Policy, the City will, at its expense, procure an ALTA survey. The City will also pay for the cost of any such ALTA Extended Policy. 5. Deposit of Funds in Escrow. a. Deposit of Remaining Compensation. The City covenants and agrees to deposit into Escrow the total sum of $49,500 ("Remaining Compensation") within five business days of receiving written notice from Escrow Holder regarding the confirmation of the completion of the conditions required herein for the Close of Escrow. The Remaining Compensation is the difference between the $141,347 Total Compensation and the $91,847 Deposit previously withdrawn by Seller in connection with the City's possession and use of the Permanent Easement and TCE pursuant to the terms of the Possession and Use Agreement. 6. Deposit of Documents in Escrow by Seiler. a. Grant of Permanent Easement. Seller will, within 15 business days after the date this Agreement is fully executed by the Parties, deposit with Escrow Holder the Grant of Easement granting to the City the Permanent Easement ("Grant of Permanent Easement") duly executed and acknowledged by Seller. The form of the Grant of Permanent Easement is attached as Exhibit "C" to this Agreement and is incorporated in this Agreement by this reference. The City will accept said executed Grant of Permanent Easement prior to recording. ME 11086-0166\2420892v2.doc b. Proof of Seller's Authorization. Seller will deliver to Escrow such proof of authorization to enter into this transaction as Escrow Holder may reasonably require to issue the Policy. 7. Authorization to Record Documents and Disburse Funds. Escrow Holder is hereby authorized to record the documents and disburse the Remaining Compensation and documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled: a. Escrow Holder can issue in favor of the City the Policy, showing the City's easement interest in the Permanent Easement in favor of the City, subject only to the Permitted Title Exceptions. Escrow Holder will use proceeds from the Remaining Compensation to obtain a full reconveyance of any valid monetary liens encumbering the Permanent Easement, so that the Permanent Easement is free and clear of any valid monetary liens and encumbrances at the Close of Escrow. Escrow Holder will obtain final approval from Seller regarding the disbursement of the proceeds prior to disbursing any such proceeds to the holder(s) of the monetary liens encumbering the Permanent Easement. b. The City will have deposited with Escrow Holder the Remaining Compensation and escrow charges. C. Escrow Holder will have received the City's notice of approval or satisfaction or waiver of all of the contingencies to the City's obligations hereunder, as provided for below in Section 13; and d. Seller will have deposited in Escrow the executed Grant of Easement and other documents as required by Section 6. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the Policy, including the Grant of Easement. 8. Escrow Charges and Prorations. a. The City will pay for the cost of the CLTA Owner's Standard Coverage Policy of Title Insurance (or at the City's option the cost of the ALTA Extended Policy), Escrow costs and Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone, etc. The City will pay for recording the Grant of Easement, any documentary or other local transfer taxes, and any other recording fees. If the Escrow fails to close, the City will pay all escrow cancellation charges. b. Escrow Holder is authorized to pay from the Remaining Compensation any unpaid delinquent taxes and/or penalties and interest thereon, and for any delinquent or non - delinquent assessments or bonds recorded against the Permanent Easement. C. All prorations will be determined on the basis of a 365-day year. The provisions of this Section 8 will survive the Close of Escrow. -5- 11086-0166\2420892v2.doc 9. Due Diligence. The Parties agree and acknowledge that the City has completed the construction of the Project in the area of the Permanent Easement and the City's use of the TCE terminated in 2019. Accordingly, it is not necessary for the City to conduct any further due diligence testing and inspections in connection with the City's purchase of the Permanent Easement. 10. Warranties and Representations of Seller. Seller, where applicable, hereby represents and warrants to the City the following to Seller's actual knowledge with no duty of inquiry or investigation, it being expressly understood and agreed that all such representations and warranties are to be true and correct in all material respects as of the effective date of this Agreement. If Seller acquires additional knowledge regarding the matters that are the subject of the warranties or representations contained in this Section 10 that would cause any of such warranties or representations to be incorrect in any material respect prior to the Close of Escrow, Seller will give prompt written notice thereof to the City. Within seven business days following receipt of such notice, the City may elect to cancel this Agreement and receive a refund of the funds deposited in escrow, except for any escrow cancellation charges. As of the Close of Escrow, the warranties and representations contained in this Section 10 will be true and correct in all material respects, subject to any matters disclosed in writing by Seller to the City as provided in this Section: a. Seller Mark McMillin, LLC is the record fee owner of the Property and no other party has a fee interest in any portion of the Permanent Easement. b. To Seller's actual knowledge with no duty of inquiry or investigation, Seller has no notice of any pending or threatened action or proceeding arising out of the condition of any portion of the Permanent Easement or alleged violation of environmental, health or safety statutes, ordinance, or regulations. C. To Seller's actual knowledge with no duty of inquiry or investigation, Seller has not received any written notice, warning, notice of violation, administrative complaint, judicial complaint, or other formal or informal notice alleging that conditions on any portion of the Permanent Easement are or have been in violation of any Environmental Laws as described below in Section 14, or informing Seller that any portion of the Permanent Easement is subject to investigation or inquiry regarding Hazardous Substances (as defined in Section 14) on any portion of the Permanent Easement or the potential violation of any Environmental Law. d. To Seller's actual knowledge with no duty of inquiry or investigation, neither this Agreement nor anything provided to be done hereunder, including the grant of the Permanent Easement to the City, violates any contract, agreement or instrument to which Seller is a party, or which affects any portion of the Permanent Easement, and the Seller's grant of Permanent Easement to the City pursuant to this Agreement does not require the consent of any party not a signatory hereto. e. To Seller's actual knowledge with no duty of inquiry or investigation, there is no pending, threatened, or potential litigation, action, or proceeding against Seller, or any other party before any court or administrative tribunal that involves any portion of the Permanent Easement. 11086-0166\2420892v2.doc f. To Seller's actual knowledge with no duty of inquiry or investigation, except as disclosed in the title commitment referred to in Section 4, there are no claims or liens presently claimed against any portion of the Permanent Easement for work performed or commenced on behalf of Seller by contractors, subcontractors, suppliers, engineers and/or architects and surveyors who might have lien rights prior to the date of this Agreement. g. Seller has the full right and power to execute, deliver, and perform its obligations under this Agreement, and when executed and delivered, Seller will be lawfully bound by the terms of the Agreement. Seller has not further encumbered the Permanent Easement since the effective date of the City's right to possession and use of the Permanent Easement pursuant to the Possession and Use Agreement and will not allow the Permanent Easement to be further encumbered prior to the Close of Escrow. h. To Seller's actual knowledge with no duty of inquiry or investigation, neither this Agreement nor anything provided to be done hereunder, including the grant of the Permanent Easement violates any Agreement to which Seller is a party and this Agreement and the Grant of Easement herein contemplated does not require the consent of any party not a signatory hereto. i. Seller is not a "foreign person" within the meaning of Section 1445(f)(3) of the Internal Revenue Code. 11. Representations and Warranties of the City. The City hereby represents and warrants to Seller the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and will survive the Close of Escrow: a. The City has taken all required action to permit it to execute, deliver, and perform its obligations under this Agreement. b. The City has the power and authority to execute and deliver this Agreement and carry out its obligations hereunder and consummate the transaction contemplated herein. 12. City's Full Payment of Total Compensation. a. It is understood and agreed between Seller and the City that the City's payment to Seller of the Total Compensation is an all-inclusive settlement and constitutes the full and complete consideration and payment of just compensation for the City's acquisition of the Permanent Easement and use of the TCE in connection with the Project. The Total Compensation is full and complete consideration for all claims arising in connection with or out of the City's acquisition of the Permanent Easement and use of the TCE for the Project, claims for severance and other damages, inverse condemnation, precondemnation damages, attorneys' fees, interest, loss of rents, improvements located in the area of the Permanent Easement or TCE, loss of parking, loss of business goodwill pursuant to Code of Civil Procedure Section 1263.510, and any other damages of every kind and nature suffered by Seller by reason of the City's acquisition of the Permanent Easement, and use of the TCE in connection with the Project for -7- 11086-0166\2420892v2.doc which the City is acquiring the Permanent Easement, and all costs and expenses whatever in connection therewith. C. This Agreement is a voluntary agreement and Seller, on the Close of Escrow, on behalf of Seller, and its successors and assigns, fully releases the City, its officials, counsel, employees, and agents, from all claims and causes of action by reason of any damage that has been sustained, or may be sustained, as a result of the City's efforts to acquire the Permanent Easement and its use of the TCE, or any preliminary steps thereto and from any and all claims, demands, causes of action, obligations, liabilities or claims for further compensation relating to the City's purchase of the Permanent Easement. 13. City's Contingencies. For the benefit of the City, the Close of Escrow and the City's obligation to consummate the purchase of the Permanent Easement will be contingent upon and subject to the occurrence of all of the following (or City's written waiver thereof, it being agreed that the City can waive any or all such contingencies) on or before the Close of Escrow: a. That as of the Close of Escrow the representations and warranties of Seller contained in this Agreement are all true and correct. b. The delivery to Escrow Holder of all documents pursuant to Section 6 of this Agreement. C. Title Company's commitment to issue in favor of the City a CLTA Standard Coverage Owner's Policy of Title Insurance (or at the City's Option an ALTA Extended Policy) with liability equal to the Purchase Price insuring the City's easement interest in the Permanent Easement, subject only to the Permitted Title Exceptions. 14. Certain Definitions. a. The term "Hazardous Materials" will mean and include the following, including mixtures thereof. any hazardous substance, pollutant, contaminant, waste, by-product or constituent regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq.; oil and petroleum products and natural gas, natural gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et seq.; asbestos and asbestos -containing materials, PCBs and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq.; source material, special nuclear material, by- product material and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982; chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200 et seq.; industrial process and pollution control wastes, whether or not hazardous within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; any substance defined as a "hazardous substance" in California Civil Code Section 2929.5(e)(2) or California Code of Civil Procedure Section 736(f)(3); and any other substance or material regulated by any Environmental Laws. -8- 11086-0166\2420892v2.doc b. The term `Environmental Laws" will mean and include all federal, state and local statutes, ordinances, regulations and rules in effect on or prior to the date hereof relating to environmental quality, health, safety, contamination and clean-up, including, without limitation, the Clean Air Act, 42 U.S.C. Section 7401 et seq.; the Clean Water Act, 33 U.S.C. Section 1251 et seq.; and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide Act 7 U.S.C. Section 136 et seq.; the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. Section 1401 et seq.; the National Environmental Policy Act, 42 U.S.C. Section 4321 et seq.; the Noise Control Act, 42 U.S.C. Section 4901 et seq.; the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq.; the Resource Conservation and Recovery Act 42 U.S.C. Section 6901 et seq.; as amended by the Hazardous and Solid Waste Amendments of 1984; the Safe Drinking Water Act, 42 U.S.C. Section 300f et seq.; the Comprehensive Environmental Response, Compensation and Liability Act 42 U.S.C. Section 9601 et seq. as amended by the Superfund Amendments and Reauthorization Act, the Emergency Planning and Community Right -to -Know Act and the Radon Gas and Indoor Air Quality Research Act; the Toxic Substances Control Act 15 U.S.C. Section 2601 et seq.; the Atomic Energy Act, 42 U.S.C. Section 2011 et seq.; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et seq.; and state and local environmental statutes and ordinances, with implementing regulations and rules in effect on or prior to the date hereof. 15. Evidence in Court Proceedin . Except for the interpretation or enforcement of this Agreement, the Parties agree that the Total Compensation of $141,347.00 or any inference of per square foot value of the Permanent Easement based on said Purchase Price will not be admissible as evidence of the fair market value of the Permanent Easement or TCE, or any portion thereof, in any eminent domain or other proceeding or litigation concerning said property interests. 16. Notices. All notices and demands will be given in writing by registered mail, postage prepaid, or by Federal Express or other overnight carrier with a copy to be sent by email. Notices will be considered given upon two (2) business days following deposit in the United States registered mail, postage prepaid, Federal Express or other overnight carrier. A copy of all notices will be sent to Escrow Holder. The Parties will address such notices as provided below or as may be amended by written notice: BUYER/CITY: City of Temecula 41000 Main Street Temecula, California 92590 Attention: Aaron Adams, City Manager COPY TO: Richards, Watson & Gershon Attention: Peter M. Thorson, City Attorney 350 South Grand Avenue, 37th Floor Los Angeles, California 90071 Email: pthorson(d),rwglaw.com SELLER: Mark McMillin, LLC 509 Avon Street -9- 11086-0166\2420892v2.doc Anaheim, California 92804 COPY TO: Palmieri Hennessey & Leifer, LLP Attention: Michael I. Kehoe 2 Park Plaza, Suite 550 Irvine, California 92614 Email: mkehoe(a palmierilaw rgroM.com ESCROW First American Title Insurance Company HOLDER: 3400 Central Avenue, Suite 100 Riverside, California 92506 Telephone No. (951) 787-1757 Fax No. (866) 558-2890 17. Further Documents. Each party will, wherever and as often as it will be requested by the other party, execute, acknowledge, and deliver, or cause to be executed, acknowledged, and delivered, such further instruments and documents, including further escrow instructions, as may reasonably be necessary in order to complete the sale, conveyance, and transfer herein provided and to do any and all other acts and to execute, acknowledge, and deliver any and all documents as may be requested in order to carry out the intent and purpose of this Agreement. 18. Brokers' Commissions. No brokers represented the Parties in connection with this transaction. Seller will be solely responsible for the payment of any and all broker's commissions or similar compensation due to any broker representing Seller, if any, and Seller will defend, indemnify and hold the City harmless from and against any and all claims for any broker's commission or similar compensation that may be payable to any broker claiming it represented Seller in connection with this transaction. Each party will defend, indemnify and hold the other party harmless from and against any and all claims for any broker's commission or similar compensation that may be payable to any other broker, finder or other person or entity (other than those described above) based upon such party's own acts. The provisions of this Section 18 will survive the Close of Escrow. 19. Miscellaneous. a. Amendments. Any amendments to this Agreement will be effective only when duly executed by both the City and Seller and deposited with Escrow Holder. b. Applicable Law. This Agreement will be construed and interpreted under and governed and enforced according to the laws of the State of California. C. Entire Agreement. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between the City and Seller on the subject matter of this Agreement. No subsequent agreement, representation or promise made by either party hereto, or -10- 11086-0166\2420892v2.doc by or to any employee, officer, agent or representative of either party, will be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof Seller and the City acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no such agreement, statement, representation or promise that is not contained herein will be valid or binding on Seller or the City. d. Successors and Assigns. This Agreement will be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties hereto. e. Time of Essence. The Parties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Escrow Holder's general Escrow instructions. f. Counterparts and Facsimile and Electronic Signatures. This Agreement may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. For purposes of this Agreement, facsimile and electronic signatures will be deemed to be original signatures. g. Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy will be cumulative and will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies will not constitute a waiver of the right to pursue other available remedies. h. Interpretation and Construction. Each party to this Agreement has reviewed the Agreement each has had the opportunity to have its respective counsel and real estate advisors review and revise this Agreement and any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement, the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association wherever the context so requires. The recitals and captions of the Sections and Subsections of this Agreement are for convenience and reference only, and the words contained therein will in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Agreement. i. Judicial Reference. The parties agree that any dispute arising from or relating to the interpretation of this Agreement shall proceed pursuant to binding Judicial Reference in accordance with Code of Civil Procedure Section 638, et seq. The parties shall agree to a retired judge to act as Judicial Referee. In the event agreement cannot be reached, each party shall submit a list of no more than three retired judges to the Superior Court for designation as judicial referee and the Superior Court shall select the Judicial Referee from the list of candidates submitted. The parties shall share equally the costs of the Judicial Referee and administrative costs associated therewith. The prevailing party, as determined by the Judicial -11- 11086-0166\2420892v2.doc Referee, shall be entitled to recover its share of the fees for the Judicial Referee and associated administrative costs. j. Severability. If any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if this Agreement did not contain the particular part, term or provision held to be invalid. k. Exhibits. The exhibits and schedules attached hereto are incorporated in this Agreement by reference herein. [SIGNATURES ON NEXT PAGE] IN WITNESS WHEREOF, this Agreement is effective on the date it is fully -executed by the Parties. qVr .r .FR MARK MCMILLIN, LLC, a California limited liability company Dated: 2— `lq �-/ Approved as to form: PALMIERI HENNESSEY & LEIFER, LLP By Michael I. Kehoe By: Title: �' w1l el, -12- 11086-0166\2420892v2.doc BUYER CITY OF TEMECULA, a municipal corporation Dated: ATTEST: Randi Johl, City Clerk Approved as to form: RICHARDS, WATSON & GERSHON Peter M. Thorson, City Attorney By: Aaron Adams, City Manager -13- 11086-0166\2420892v2.doc Exhibit "A" Legal Description of Permanent Easement February 8, 2010 Sheet 1 of 1 EXHIBIT "A" LEGAL_ DESCRIPTION EASEMENT FOR ROAD PURPOSES {OVERLAND DRIVE) BEING A PORTION OF LOT 16 OF TRACT MAP NO. 16178-3, SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, RECORDED AUGUST 8, 1986 AS SHOWN BY MAP ON FILE IN BOOK 160, PAGES 99 THROUGH 101, INCLUSIVE, OF MAPS, OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGtNNtNG AT THE MOST NORTHERLY CORNER OF SAID LOT 16, SAID CORNER BEING ON THE WESTERLY RIGHT-OF-WAY OF COMMERCE CENTER DRIVE (66.00 FEET WIDE) AS SHOWN ON SAID MAP, ALSO BEING A POINT ON A CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF 967.00 FEET, A RADIAL_ BEARING TO SAID POINT BEARS NORTH 53"38'28m EAST (NORTH 53°38'37- EAST PER SAID MAP); THENCE SOLiTHEASTERLY ALONG THE NORTHEASTERLY LIME OF SAID LOT 16 AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1 °50'07a A DISTANCE OF 30.97 FEET; THENCE LEAVING SAID LINE NORTH 791,57'39° WEST A DISTANCE OF 35.59 FEET; THENCE SOUTH 52046'53' WEST A DISTANCE OF 129.84 FEET TO A POINT IN THE SOUTHWESTERLY LINE OF SAID LOT 16; THENCE ALONG SAID SOUTHWESTERLY UNE NORTH 34016'24- WEST (NORTH 34-16'35" WEST PER SAID MAP) A DISTANCE OF 1.78 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 16; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 16 NORTH 5103 19- EAST (NORTH 51-41'16" EAST PER SAID MAP) A DISTANCE OF 154.89 FEET TO THE POINT OF BEGINNING, CONTAINING: 840 SO. FT. OR 0.019 ACME, MORE OR LESS. EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE €AND SURVEYORS' ACT. LAN SO S. L NQR 66+41 Y: Ev• date 12-31-11 RZ PL MMER, PLS 6641 DATE � (MY LICENSE EXPIRES 12-31-2011) Exhibit "A" T. —t—t 4- WWI Depiction of Permanent Easement LEGEND CM nxATrs asmw rop Ro D PuRpc= ARE4 = 840 SO, FT OR D.019 ACRE P08 MYCA TES POWT OF &EGINIVING ( ) INDICATES RECORD DA rA PER TRACT 16178--3 (R) INDICATES RADIAL 6EARINC ® L WSOWE MAWENANCE AGREEMEYT PER INST. 1419OZ RECORDED r r 29 7987 ® CAsWENr TO GONERAL TaEPHONE CO PER ASr W1 117514, RECORDED APRIL 29, 1987 ® 15' WdDE DRAWAGF EASEMENT PER TRACT 16178-3 EXHIBIT „B" EASEMENT FOR ROAD PURPOSES - LOT 16 (OVERLAND DRIVE) N5F -J. TEMECULA 0 TY DF 15 o h I� PRlJIECT SIT, VICINITY MAP S. PL NO. 660 Fad. dale 12-31-11 OF CA► Ii r REX S PLUMMER KO. 6641 DA TF ♦rXP- Dlj ?-r f2-31— f f SHEET 9 OF 3 SHEETS PRQJECT DESIGN CONSULTANTS Rlanninp L ErMglrmmrJ W I BUrWay 7w a amek sines son Son DW CA 91101 616.486,d471 TW 811234tM FW DATE: SCALE' JW ND.: FEBRUARY 8, 2010 N.T & Exhibit "B" — Page 1 EXHIBIT �'S" EASEMENT FOR ROAD PURPOSES - LOT 16 (OVERLAND DRIVE) GATE: FEBRUARY 8, 2010 SCALE: 1 "=100' SHEET 2 OF 3 SHEETS PROJECT DESIGN CONSULTANTS Piannlnp 1 grauln drino I S3urvsy 701 B Strom Slip 944 S Dkvo, CA 02101 919.2M.6471 r4A 810.234,030 FIX JOB No.. - Exhibit "B" — Page 2 CURVE TA&E CURVE I is I LEWM C? I twor 196z l' LINE TABLE � � + Poo 96 h�5338"28"(Rj 5' 6 14 lw TRACT MAP NO. 16178-3 SHEET 3 OF 3 SHEETS E HlBI l {� n PROJECT DESIGN CONSULTANTS EASEMENT FOR ROAD PURPOSES Planning I F-ni2Inaaflr o I i3ur,rny - LOT 16 OVERLAND DRIVE m, a su.or, sue. aoa san oIevo. CA Fix 819.29s.a+r'�t t� ei9�s4.o Fax DATA: SCALE: JOB NO.; FEBRUARY S, 201U Exhibit `B" — Page 3 Exhibit "A-l" Legal Description of Temporary Construction Easement February S, 2010 sheet 1 of l E-XHIBIT „A„ LEGAL 'DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT (OVERLAND DRIVE) BEING A PORT4ON OF LOT 16 OF TRACT MAP NO. 16178-3, SITUATED IN THE CITY OF TEMECULA. COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, RECORDED AUGUST 6, 1986 AS SHOWN BY MAP ON FILE IN BOOK 160, PACES 99 THROUGH 101, INCLUSIVE, OF MAPS, OFFICIAL RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, BEING MORE PART1CULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 16, SAID CORNER BEING ON THE WESTERLY RIGHT-OF-WAY OF COMMERCE CENTER DRIVE (66.00 FEET WIDE) PER SAID MAP AND ALSO BEING A POINT OIL A CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF 967.00 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 53138'28" EAST (NORTH 53°38'3r' EAST PER SAID MAP); THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID LOT 16 AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1"50'07' A DISTANCE CF 30.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01,15'09" A DISTANCE OF 4.26 FV-ET; THENCE SOUTH 34"16'16" EAST (SOUTH 34'1635" EAST PER SAID MAP) A DISTANCE QF 6A7 IFEET; THENCE LEAVING SAID (NORTHEASTERLY LINE SOUTH 55°43'44" WEST A DISTANCE OF 10,49 FEET; THENCE NORTH 79"57'39' 'NEST A IJISTAI+ICE OF 29.03 FEET; THENCE SOUTH 52"46'53' WEST A DISTANCE OF 124.05 FEET TO A POINT IN THE SOUTHWESTERLY LINE OF SAID LOT 16; THENCE ALONG .SAID LINE NORTH 34"16'24" VVEST A DISTANCE OF 15_C2; THENCE LEAVING 5AID LINE NORTH 5246'53" EAST A DISTANCE OF 129.84 FEET; THENCE SOUTH 79°57'39" EAST A DISTANCE OF 35-39 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING: 2445 SQ- FT, OR 0.056 ACRE, MORE OR LESS. EXHIBIT 'H' ATTACHED HCRI=TO AND BY THIS REFERENCE MADE A PART HEREOF. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE LAND SURVEYORS' ACT. s 5 pZ 6 ; 0 BY: 4.PLUMMEZR,PLS6641_:�� ZOATS * duke i?-3i-11 E (MY LICENSE EXPIRES 12-31-2011) ` Exhibit "A-1 " Exhibit "B-1" Depiction of Temporary Construction Easement LEGEND &DXATES MWPORARY C0NS7RUC??CW EASEMENT AREA = 2445 SO FT. OR o.056 ACRE p0C INDVCA TES P(XIY T OF G'17WAdENC&iW T 7FW #VVECA TES 7R1E PONT OF BECIMMNG ( ) ►dVDTCATFS RECORD DATA PER TRACT 16178-3 (J?) tNDTCA TES RA&AL SEARING ® LANDSCAPE Od►VNTENANCE AGRE€WENT PER WST. 10 02, RECORDED MAY 20, 1987 [ ] CASMYT m GESIERAL T€LEPKWE CC. PER WST No. 117.514, REC000 APRIL 29, t967 © 15' NOE DRAINAGE EASEMENT PER TRACT 16178-3 CITY 1F MWEWLA 15 I PM E'CT Sf TE VICINITY MAR tiAKQ s _ Na M41 lk * E*, date 12-M-11 lz�41� - or C of t,!, �-- I/ R& S PLu UER NO. 6641 DA TE DP_ MATE 12-31-J1 SHEET 1 OF 3 SHEETS EXHIBIT "B" � PROJECT DESIGN CONSULTAWS TEMP. CONSTRUCT104 EASEMENT F�Ipnr.ing 1 1 Surv-ey 701 - LOT 16 (OVERLANI) DRIVE) 61&ZMnat, s�reo0 s ,oe9M4. 82101 611i�.23b.&171 r.� 819334.034D Fa DATE: j SCALE: CAL: JOB No.: FEBRJAFRY 8, 2010 N.15. — Exhibit "B-1" — Page 1 EXHIBIT "B" TEMP. CONSTRUCTION EASEMENT - LOT 16 (OVERLAND DRIVE) ❑ ATE, FEBRUARY 8, 2010 SCAM 1 "= 100' SHEET 2 OF 3 SHEETS PROJECT DESIdN CONSULTANTS F'9anning P 1 �S-gby 761 a S; $02 9W San DkW, rA VIM 619.W.9471 Tel 00234-MQ FU JOB NO.: Exhibit "B-1" — Page 2 OUfl W TABLE CURIE DELTA IRADIUS IZNOTY cr r3 nr 967.00' J,,075'019' 30.97' C2 t 99T.00' 4_26' LWE TABLE \ VNE SEARING LENGTH $3416'16'E !,Y306 ,35'W) POC TRACT MAP JV0, 1,6118 � Tpoo Iwr + lao, 20 J4 20 Q \ ZD II r MAP No. 16T78-3 AC � EXHIBIT „,� SHEET 3 OF 3 SHEETS re PROJECT DESIGN CONSULTANTS TEMP. CONSTRUCTION EASEMENT RI-1ng 1 Erwpkn-knp 1 Survvy - LOT 16 (OVERLAND DRIVE)701 9 RMRe Suto eap say oho, CA 92101 $19,235;&l71 709 611334.0W Fax DATE: SCALE; JOB NO._ FEBRUARY S, 21J10 Exhibit "B-1" — Page 3 Exhibit "C" Form of Grant of Easement Recording Requested by and when recorded mail to: City of Temecula 41000 Main Street Temecula, California 92590 Attention: City Clerk SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No. 921-480-0321X] Portion Documentary Transfer Tax $0.00 This Instrument is for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev & Tax Code § 11922). GRANT OF PERMANENT EASEMENT WHEREAS, Mark McMillin (referred to as "Grantor" below) is the record fee owner of the real property commonly known as 27511 Commerce Center Drive, in the City of Temecula, County of Riverside, State of California, and identified as Riverside County Tax Assessor's Parcel Number 921-480-032 ("Grantor's Property"); and WHEREAS, Grantor desires to grant to the City of Temecula, a municipal corporation, (referred to as "Grantee" below) and Grantee desires to acquire from Grantor an approximate 840 square foot permanent easement on Grantor's Property for public use, namely public street purposes, and all uses necessary or convenient thereto in connection with the Overland Drive Extension Project, PW 16-06. NOW THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee and approximate 840 square foot permanent easement on Grantor's Property for public use, namely public street purposes, and all uses necessary or convenient thereto, including, but not limited to street, sewer, drainage, and utilities. The approximate 840 square foot permanent easement is described more particularly on Exhibit "A" and depicted on Exhibit "B", which are attached hereto and incorporated herein by this reference. Exhibit "C" — Page 1 IN WITNESS WHEREOF, Grantor has executed this Grant of Permanent Easement on .2021. GRANTOR Mark McMillin, LLC, a California limited liability company Title: Exhibit "C" — Page 2 Exhibit "A" Legal Description of Permanent Easement February 8, 2010 Sheet l of 1 EXHIBIT "A"° LEGAL DESCRIPTION EASEMENT FOR ROAD PURPOSES (OVERLAND DRIVE) BEING A PORTION OF LOT 16 OF TRACT MAP NO. 16178-3, SITUATED IN THE CITY OF TEMECUTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, RECORDED AUGUST 8, 1986 AS SHOWN BY MAP ON RLE IN BOOK 160, PAGES 99 THROUGH 101, INCLUSIVE, OF MAPS, OFFICIAL_ RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER or SAID LOT 16, SAID CORNER BEING ON THE WESTERLY RIGHT-OF-WAY OF COMMERCE CENTER DRIVE (66.00 FEET WIDE) AS SHOWN ON SAID MAP, ALSO BEING A POINT ON A CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF 967.00 FEET, A RADIAL BEARING TO SAID POINT BEDS NORTH 53°38'28- FAST (NORTH 53-3e'37" EAST PER SAID MAP); THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID LOT 16 AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1 °50'07' A DISTANCE OF 30.97 FEET; THENCE LEAVING SAID LINE NORTH 79057'39° WEST A DISTANCE OF 35,59 FEET; THENCE SOUTH 52046'53° WEST A DISTANCE OF 129•184 FEET TO A POINT IN THE SOUTHWESTERLY LINE OF SAID LOT 10; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 34016'24- WEST (FORTH 34°16'35" WEST PER SAID MAP) A DISTANCE OF 1.78 FELT TO THE MOST WESTERLY CORNER OF SAID LOT 15; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 16 NORTH 51°39'19- EAST (NORTH 51-41'16" EAST PER SAID MAP) A DISTANCE OF 154.89 FEET TO THE POINT OF BEGINNING. CONTAINING: 840 SQ. FT. OR 0.019 ACRE, MORE OR LESS. EXHIBIT ,B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE LAND SURVEYORS' ACT. VBY: 1r R PtU MMER, PLS 5541 DATE (MY LICENSE EXPIRES 12-31-2011) LAND ft 6641 date 12-31-11 * OF Exhibit "A" to Exhibit "C" >J-U.1..+ cclz» Depiction of Permanent Easement LEGEND CM nxATrs EA"fNT P-OP ROAf) RAPM AREA = 840 SD, FT. OR o.0l9 ACRE P08 hiYCATES PCWT OF &EGINIVING ( ) INDICATES RECWD DA rA PER TRACT 16178--3 (R) INDICATES RADIAL 6EARINC ® L WSOWE MAWENANCE AGREEMENT PER INST. 1419OZ RECORDED rVAY 29 7987 ® CAXWV4F TO GONERAL TaEPHONE CO PD? ASr W1 117514, RECORDED APRIL A 1987 ® 15' WdDE DRAWAGF EASErVENF PER TRACT 16178-3 EXHIBIT „B" EASEMENT FOR ROAD PURPOSES - LOT 16 (OVERLAND DRIVE) N5F -J. TEMECULA 0 TY DF 15 o PRDI�ECT SAFE VICINITY MAP Na NO. 660 Fad. dale 12-31-11 4 tit OF CA►►A�` r RFX S PLUMMER KO. 6641 DA TF ♦rXP- Dlj ?-r f2-31— f f SHEET 9 OF 3 SHEETS PRQJECT DESIGN CONSULTANTS Planning L ErMglri omrl—W I BUrWay 7w B : &ilos No Son DW Cal 91101 616.486,d471 TW 811234tM Fos DATE: SCAL-Ei JW ND.: FEBRUARY 8, 2010 N.T.S. Exhibit "B" to Exhibit "C" — Page 1 TRACT 12 Nw EXHIBIT "B" EASEMENT FOR ROAD PURPOSES - LOT 16 (OVERLAND DRIVE) SHEET 2 OF 3 SHEETS PROJECT DESIGN CONSULTANTS 1�1Annlnp 1 1 Suruly 701 B Strew WW SW S4A D*a, CA 82101 919.230-6471 T4 e16,234,034 FOX DATE: SCALE: Ke NO- FEBRUARY 8, 2010 1"=100' _ ---- Exhibit "B" to Exhibit "C" — Page 2 CURVE TA&E CURVE I is I LEWM C? I twor 196z l' LINE TABLE � � + Poo 96 h�5338"28"(Rj 5' 6 14 lw TRACT MAP NO. 16178-3 SHEET 3 OF 3 SHEETS E HlBI l {� n PROJECT DESIGN CONSULTANTS EASEMENT FOR ROAD PURPOSES Planning I F-ni2Inaaflr u I i3ur,rny - LOT 16 OVERLAND DRIVE m, a su.or, sue. aoa san oIevo. r►� Fix 819.29s.a+r'�t t� ei9�s4.o Fax DATA: -:L�=SCALE: J06 NO.; FEBRUARY S, 2010 - Exhibit "B" to Exhibit "C" — Page 3 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On , before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) City of Temecula 41000 Main Street Temecula, California 92590 CERTIFICATE OF ACCEPTANCE OF GRANT OF PERMANENT EASEMENT (Gov't Code § 27281) (Permanent Easement on APN 921-480-032) This is to certify that the grant to the City of Temecula of that certain approximate 840 square foot permanent easement on portions of that certain real property located at 27511 Commerce Center Drive, Temecula, and identified as Riverside County Tax Assessor's Parcel Number 921-480-032 for public use, namely public street purposes, and all uses necessary or convenient thereto in connection with the Overland Drive Extension Project, PW 16-06 o is hereby accepted under the authority of the City Council of the City of Temecula, and the City of Temecula hereby consents to the recordation thereof by its duly authorized officer. City of Temecula, a municipal corporation Dated: By: Aaron Adams, City Manager Attest: LOW Randi Johl, City Clerk Alft c7" The Heart of Southern California Wine Country City of Temecula Fiscal Years 2021-25 Capital Improvement Program OVERLAND DRIVE EXTENSION COMMERCE CENTER Circulation Project Project Description: This project includes the design and construction of the extension of Overland Drive from Commerce Center Drive to Murrieta Creek, just west of Enterprise Circle West. This project also includes environmental studies, acquisition of right-of-way, new road improvements and installation of new traffic signals at Overland Drive intersections with Commerce Center Drive. Benefit: This project improves traffic circulation and access to Overland Drive freeway over -crossing. Core Value: Transportation Mobility and Connectivity Project Status: Construction is complete. The City Council accepted the improvements on December 10, 2019. The remaining budget is for anticipated right of way settlements. Department: Public Works - Account No. 210.265.999.602 / PW16-06 Level: I Project Cost: Prior Years Actuals 2020-21 2019-20 Adopted 2021-22 2022-23 2023-24 2024-25 Adjusted Budget Projected Projected Projected Projected Total Project Cost Administration 771,966 7,185 779,151 Construction 1,018,608 305,935 1,324,543 Construction Engineering 31,034 22,697 53,731 Design & Environmental 690,916 50,298 741,214 Land Acquisition 5,049,894 305,417 5,355,311 MSHCP 21,968 21,968 Utilities 30,121 11,858 41,979 Total Expenditures 7,614,507 703,390 8,317,897 Source of Funds: DIF-Street Improvements General Fund 8,082,475 235,422 8,082,475 235,422 Total Funding 8,317,897 8,317,897 Future Operating & Maintenance Costs: Total Operating Costs 80 1 to Noplpr, IV 41 v *7.qA 41 d n.. . �. X '%L L .11 VJ -t, Aj* .L ire and. %L 7 qe" F di Furopes'r, sr. H'I Rp - P. t Item No. 9 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 13, 2021 SUBJECT: Approve the Plans and Specifications, and Authorize the Solicitation of Construction Bids for the Ronald Reagan Sports Park Restroom Expansion and Renovation Project, PW 18-03 PREPARED BY: Kendra Hannah-Meistrell, Senior Civil Engineer Laura Bragg, Associate Engineer II RECOMMENDATION: That the City Council: Approve the Plans and Specifications for the Ronald Reagan Sports Park Restroom Expansion and Renovation Project, PW18-03; and 2. Authorize the Department of Public Works to solicit construction bids; and 3. Make a finding that this project is exempt from the California Environmental Quality Act (CEQA) per Article 19, Categorical Exemption, Section 15302, Replacement or Reconstruction, of the CEQA Guidelines. BACKGROUND: The Ronald Reagan Sports Park Restroom Expansion and Renovation Project, PW18-03, provides for the design, fabrication, delivery and installation of a pre -fabricated restroom building to replace an existing facility. The project includes demolition of the existing facility and surrounding sidewalks and replacement with a pre -fabricated building having eight unisex single stall restrooms, concession facility, and storage area. Work also includes rerouting and upgrading utilities, site grading, parking lot reconfiguration and restriping, concrete work, installation of ADA pedestrian access ramps, landscaping, irrigation, and relocation of existing flagpole, lighting and monument. The project is exempt from the CEQA requirements pursuant to Article 19, Categorical Exemption, Section 15302, Replacement or Reconstruction, of the CEQA Guidelines. Section 15302 states replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced are Class 2 activities, which are exempt from CEQA. The project Plans and Specifications are complete and the project is ready to be advertised for construction bids. The contract documents are available for review in the Director of Public Works' office. The Engineer's Construction Estimate is $183,000 and the number of allowable working days is 60, which is approximately 3 months. FISCAL IMPACT: The Ronald Reagan Sports Park Restroom Expansion and Renovation Project is identified in the City's Capital Improvements Program Fiscal Year 2021- 2025, and is funded with Measure S. Adequate funds are available in the project account to construct the project. ATTACHMENTS: 1. Project Description 2. Project Location Map �c7" iAlft The Heart of Southern California Wine Country City of Temecula Fiscal Years 2021-25 Capital Improvement Program RONALD REAGAN SPORTS PARK RESTROOM EXPANSION & RENOVATION Parks/Recreation Project Project Description: This project provides for the design and construction of the restroom building expansion at Ronald Reagan Sports Park. The restroom expansion includes adding additional restroom stalls and urinals, renovating the snack bar, and enlarging the storage case. Benefit: This project provides additional facilities for park patrons. Core Value: Healthy and Livable City Project Status: Project is estimated to be complete in Fiscal Year 2020-21. Department: Public Works - Account No. 210.290.999.114 / PW18-03 Level: I Project Cost: Prior Years Actuals 2020-21 2019-20 Adopted 2021-22 2022-23 2023-24 2024-25 Adjusted Budget Projected Projected Projected Projected Total Project Cost Administration 18,967 30,533 50,000 99,500 Construction 556,000 345,000 901,000 Construction Engineering 48,000 48,000 Design & Environmental 71,500 71,500 Total Expenditures 18,967 706,033 395,000 - 1,120,000 Source of Funds: Measure S 725,000 395,000 1,120,000 Total Funding 1 725,000 - 395,000 - - 1,120,000 Future Operating & Maintenance Costs: Total Operating Costs 156 Ronald Reagan Sports Park Restroom Expansion and Renovation Parks and Recreation Project Location 0 200 400 Feet The map RonaldReaganRestroom.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to update Al and modification. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. This map is not for reprint or resale. Visit the City of Temecula GIS online at https://temeculaca.gov/gis 2018 Aerial Data 176 Item No. 10 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 13, 2021 SUBJECT: Approve Parcel Map 37615 (Located on the West Side of Cantrell Road North of Calle Chapos) PREPARED BY: Ron Moreno, Principal Engineer Anissa Sharp, Office Specialist II RECOMMENDATION: That the City Council approve Parcel Map 37615, located on the west side of Cantrell Road north of Calle Chapos, for subdivision purposes. BACKGROUND: Property Owner: Melvin A. Sweet, Trustee Parcel Map 37615 has been approved as a subdivision of Parcel Map No. 7593. The property covered by this Parcel Map is located on the west of side of Cantrell Road north of Calle Chapos. The Parcel Map 37615 being a re -mapping of Parcel 3 and a portion of Parcel 4 of Parcel Map No. 7593, as filed in Book 26, Pages 97 and 98, of Parcel Maps, also shown as Parcels 3 and 4 per Lot Line Adjustment No. 2456 approved by the County of Riverside Survey Department on January 23, 1987, all in the City of Temecula, County of Riverside, State of California, lying within Section 20, Township 7 South, Range 2 West, San Bernardino Base Meridian. Securities were not required for Parcel Map 37615 as this is a lot split of a single family residential parcel adjacent to a non -maintained rural road. The approval of a Subdivision Map, which substantially complies with the approved Tentative Parcel Map, is a mandatory ministerial act under State law. All fees have been paid. FISCAL IMPACT: None ATTACHMENTS: 1. Vicinity Map 2. Parcel Map 37615 HOT 'll SP RING S RON 00 � J W z; SITE _ Q -- w � II 0 _ � !I z! J Q � J � i w 0 i � J � Q ! W m i VICINITY MAP ` NO SCALE -- T7SR2W SEC 20 S �( i �PS�R�NPwP TOTAL NUMBER OF PARCELS: 2 TOTAL GROSS ACRES: 5.01 AC, TOTAL NET ACRES: 5.01 AC. 0 WNER'S S TA TEMEN T I HEREBY STATE THAT I AM THE OWNERS OF THE LAND INCLUDED WITHIN THE SUBDIVISION SHOWN HEREON; THAT I AM THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID LAND, THAT I CONSENT TO THE MAKING AND RECORDING OF THIS SUBDIVISION MAP AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE. I HEREBY DEDICATE A 20.00 FOOT EASEMENT TO THE PUBLIC FOR PUBLIC UTILITIES AND EMERGENCY VEHICLE ACCESS PURPOSES AS SHOWN ON THIS MAP. MELON A. SWEET, TRUSTEE OF THE MELON ALLEN SWEET, LIVING TRUST DATED SEPTEMBER 19, 1989. MELVIN A. SWEET, TRUSTEE NOTARY ACKNOWLEDGEMENT 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 THE DOCUMENT STATE OF COUNTY OF ON —F------- �G—�? O_a1 BEFORE ME, ---------- �•' P`—q'v_'� �- A_ NOTARY.PUBLIC P SONALLY APPEARED WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE T BE THE PERSON(3� WHOSE NAME(X) IS/ARt SUBSCRIBE�D TO THE WITHIN INSTRUMEN AND ACKNOWLEDGED TO ME THAT HE/SKE/TI6 EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(LK, AND THAT BY HIS/(K/TyHR SIGNATURE01 ON THE INSTRUMENT THE PERSON(.Sj, OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(.4 ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FORGOING PARAGRAPH IS IS TRUE AND CORRECT. WITNESS MY HAND SIGNA TURE PRINT NAME—M-44414 _ L-- OL SOM MY COMMISSION EXPIRES_fl?19jAD2-.T.- MY PRINCIPAL PLACE OF BUSINESS IS COUNTY. IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA PARCEL MAP NO. 37615 BEING A SUBDIVISION OF PARCEL 3 AND A PORTION OF PARCEL 4 OF PARCEL MAP NO. 7593, AS FILED IN BOOK 26, PAGES 97 AND 98, OF PARCEL MAPS, ALSO SHOWN AS PARCELS 3 AND 4 PER LOT LINE ADJUSTMENT NO. 2456 APPROVED BY THE COUNTY OF RIVERSIDE SURVEY DEPARTMENT ON JANUARY 23, 1987, ALL IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LYING WITHIN SECTION 20, TOWNSHIP 7 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE MERIDIAN. INLAND VALLEY SURVEYING, INC. Cl TY CLERK'S STA TEMEN T.- THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA, BY ITS CITY CLERK, RANDI JOHL, HEREBY APPROVES THIS PARCEL MAP, AND HEREBY ACCEPT THE 20.00 FOOT EASEMENT FOR PUBLIC UTILITIES AND EMERGENCY VEHICLE ACCESS PURPOSES AS DEDICATED. DA TE. RANDI JOHL ACTING CITY CLERK CITY OF TEMECULA, CALIFORNIA. SI GNA TURF OMISSIONS. 2021. PURSUANT TO THE PROVISIONS OF SECTION 66436(a)3(A)N OF THE SUBDIVISION MAP ACT, THE SIGNATURES OF THE FOLLOWING OWNERS OF EASEMENTS AND/OR OTHER INTERESTS HAVE BEEN OMITTED. - THE SIGNATURE OF THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, HOLDER OF AN EASEMENT FOR PIPE LINES AND CONDUITS AND INCIDENTAL PURPOSES, PER INSTRUMENT No. 44863 RECORDED JUNE 24, 1958, O.R. THE SIGNATURES OF MARGARET L. CARNES, HELEN N. LASAGNA AND NATHALINE N. LIEFER, HOLDERS OF AN EASEMENT FOR ROAD AND UTILITY PURPOSES, PER INSTRUMENT No. 28307, 28308, 28309, AND 28310, RECORDED MARCH 2, 1972, 0. R. JUNE, 2020 TAX COLLECTOR'S CERTIFICATE I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE, AS OF THIS DATE, THERE ARE NO LIENS AGAINST THE PROPERTY SHOWN ON THE WITHIN MAP FOR UNPAID STATE, COUNTY, MUNICIPAL, OR LOCAL TAXES, OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOW A LIEN BUT NOT YET PAYABLE, WHICH ARE ESTIMATED TO BE DA TE: , 2021. MATTHEW JENNINGS, COUNTY TAX COLLECTOR VB TAX BOND CERTIFICATE SHEET 1 OF 2 SHEETS RECORDER'S STATEMENT FILED THIS DAY OF , 2021 AT—.M., IN BOOK OF PARCEL MAPS, AT PAGES AT THE REQUEST OF THE CITY CLERK OF THE CITY OF TEMECULA. NO. FEE PETER ALDANA, COUNTY ASSESSOR, CLERK, RECORDER m SUBDIVISION GUARANTEE: FIRST AMERICAN TITLE COMPANY , DEPUTY DEPUTY SURVEYOR'S STA TEMEN T THIS MAP WAS PREPARED BY ME OR UNDER MY SUPERVISION AND IS BASED ON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF MELVIN ALLEN SWEET ON JUNE, 2020. 1 HEREBY STATE THAT ALL THE MONUMENTS ARE OF CHARACTER AND OCCUPY THE POSITIONS INDICATED AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. I HEREBY CERTIFY THAT A BOND IN THE SUM OF $ -------------- ___ HAS BEEN EXECUTED AND FILED WITH THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, CALIFORNIA, CONDITIONED UPON THE PAYMENT OF ALL TAXES, STATE, COUNTY, MUNICIPAL, OR LOCAL, AND ALL SPECIAL ASSESSMENTS COLLECTED AS TAXES, WHICH AT THE TIME OF FILING OF THIS MAP WITH THE COUNTY RECORDER ARE A LIEN AGAINST SAID PROPERTY BUT NOT YET PAYABLE AND SAID BOND HAS BEEN DULY APPROVED BY SAID BOARD OF SUPERVISORS. DATE: CASH OR SURETY BOND MATTHEW JENNINGS COUNTY TAX COLLECTOR m 2021. DATE. Z/Zg , 2021. MIGUEL A. VILLAS NOR L. S. 8509 EXP. 12131122 , DEPUTY CITY ENGINEER'S STATEMENT' I HEREBY STATE THAT THIS MAP CONSISTING OF TWO (2) SHEETS HAS BEEN EXAMINED BY ME OR UNDER MY SUPERVISION, AND FOUND TO BE SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP OF PARCEL MAP No. 37615 AS FILED AND APPROVED BY THE CITY OF TEMECULA ON AUGUST 06, 2020, THE EXPIRATION DATE BEING AUGUST 06, 2023, THAT ALL PROVISIONS OF APPLICABLE STATE LAW AND THE CITY REGULATIONS HAVE BEEN COMPLIED WITH, AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT. DA TE KRIS R. WINCHAK, L.S. 6240 (AS DELEGATED) CITY OF TEMECULA , 2021. FOR PATRICK A. THOMAS CITY ENGINEER, RCE 44223 SECTION 20, TOWNSHIP 7 SOUTH, RANGE 2 WEST, S.B.M. MURRIETA QR\�SS �tOAD HOT S o -9 ROAU � N NICOLAS WALCOTT LANE 79 y�Py LP ��90 ROAD o� s 15 RCPO GP�\FCR��F w ti m VICINITY MAP N.T.S. IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 2 OF 2 SHEETS PARCEL MAP NO. 37615 BEING A SUBDIVISION OF PARCEL 3 AND A PORTION OF PARCEL 4 OF PARCEL MAP NO. 7593, AS FILED IN BOOK 26, PAGES 97 AND 98, OF PARCEL MAPS, ALSO SHOWN AS PARCELS 3 AND 4 PER LOT LINE ADJUSTMENT NO. 2456 APPROVED BY THE COUNTY OF RIVERSIDE SURVEY DEPARTMENT ON JANUARY 23, 1987, ALL IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LYING WITHIN SECTION 20, TOWNSHIP 7 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE MERIDIAN. INLAND VALLEY SURVEYING, INC. I I I � I » I o 501 2, 547.984 E 6,301,266.711 FOUND 2" I.P. W/TAG "M.W.D. L.S. 4454", DOWN 0.20, PER FOUND 1-1/4" I.P. W/TAG o/ R.S. 133/73-83. "L.S. 4136", DOWN 1.20, I PER P.M., 26/97-98. d "THE BASIS OF BEARINGS FOR THIS SURVEY IS THE CALIFORNIA STATE I PLANE COORDINATE SYSTEM, CCS83, ZONE 6, BASED LOCALLY ON CONTROL STATIONS "PPBF"; "P476'; AND "P479" NAD 83 (NSRS2011) I EPOCH 2O17.50 AS SHOWN HEREON. ALL BEARINGS SHOWN ON THIS MAP ARE GRID. QUOTED BEARINGS AND DISTANCES FROM REFERENCE MAPS I OR DEEDS ARE AS SHOWN PER THAT RECORD REFERENCE. ALL DISTANCES SHOWN ARE GROUND DISTANCES UNLESS SPECIFIED OTHERWISE. GRID DISTANCES, MAY BE OBTAINED BY MULTIPLYING THE I GROUND DISTANCE BY A COMBINATION FACTOR OF 0.9999080940. CALCULATIONS ARE MADE AT "5000" WITH COORDINATES OF. N: 2,141, 345. 762 E. 6, 300, 999. 441, USING AN ELEVATION OF 1204. 451 ' I i o so' 1 o N89 26'19"W 210.24' h "PPBF" I N 2, 248, 987.637 o j E 6, 278, 618.148 N c5 cl _ /Z�� m N � tiv II � / ,W I z z 559.39 I PARCEL 2 2.51 AC. GROSS AND NET 15.4--- 31 ' JUNE, 2020 PARCPI 2 PARCPI MAP No. 7593 PM. 25 / 97-98 39' (526.53) 3 25'53"W 559.53 ) PARCEL 1 2.50 AC. GROSS AND NET FOUND 1-1/4" I.P. W/TAG "R.C.E. 12116", FLUSH, PER P.M. 26/97-98 AND P.M. 67/45. O O C J � Zs W I� IZI�- v, Ln n oo PARCPI I PARCPI MAP No, 8535 P.M. 87 / 46 W 33.00' N 5 20' I � I 2 3O' I 1 II- 33' 0 ICI . � �W I to N89 00'34 "W 208.15' II o NORTHERLY LINE PARCEL 4, P.M. 7593, P.M.B. 26/97-98 o 603.42' 636.43' ((NR932'17"W 93a c;r)> \ I I I 'A_( \ = CONVERGENCE ANGLE AT 5000 I-o ti 0'28'12" N � \ I I I I ] PJR71L7N PARCPI 4 \o PARCPI MAP No. 7593 o off- I �I I PM, 28 / 97-98 1 1 \a a 5001 I I I 1 1 N 2,142, 547 984 E 6,301,266.711 \ 512.31' (512.42) \ I I I SNF. RE-ESTABLISHED AT RECORD ANGLE AND DISTANCE PER P.M. 26/97-98 ' 7 �� / ' 500.56' N79 00'53 \ 5000, �� 547.58' (N89 26'33"W 547.69 ) C/xO w 99� N 2,141,345.762 I �51 0 CALLE CHAPOS 115000" iV79 431 W 997 57 \ FOUND 0, 99 P.4 W/TAG ��• �^� N 2,141,345.762 GRID �hC5 O E 6,300,999.441 "L.S. 5022" FLUSH, PER R.S. 133/73 83. ti A0 �� ,29»E 125572 SNF. RE-ESTABLISHED 10 N� "P479" AT RECOD DISTANCE. N Z 123, 539. 043 tiro E 6, 399,194.508 66' / Lr)CO PARCPI 2 PARCPI MAP No, 8635 PM. 67 / 46 n�I0 0 SNF. RE-ESTABLISHED 49.87, BY, PARALLEL OFFSET. 33.00' 35113' 1 15.00, FOUND 1" I.P. W/TAG "R. C. E. 21914 ", FLUSH, PER P.M. 67/45. 2 30' I o I o PARCPI 3 °N° Z PARCPI MAP No. 8636 PM, 57/46 d' N o5 I� N LL 3 N I � N 33 I I N4532'58"E 19.79' (N45 32'50'E 19.80) \ I 3.00' o I o SNF. RE-ESTABLISHED BY INTERSECTION. 47.02' ENVIRONMENTAL CONSTRAINT NOTE: ENVIRONMENTAL CONSTRAINT SHEET AFFECTING THIS MAP IS ON FILE IN THE OFFICE OF THE CITY ENGINEER OF TEMECULA IN E.C.S. BOOK T, PAGE 409. THIS AFFECTS ALL PARCELS. 0 z SURVEYOR'S NOTES 1. 0 INDICATES FOUND MONUMENT AS NOTED. 2. O INDICATES SET 1" I.P., FLUSH, W/PLASTIC PLUG STAMPED "L.S. 8509." UNLESS OTHERWISE NOTED. 3, ❑ INDICATES SET NAIL, LEAD AND TAG STAMPED "L.S. 8509" IN CONCRETE STRUCTURE AT 1' OFFSET TO PROPERTY CORNER. 4. () INDICATES RECORD DATA PER P.M. 26/97-98. 5. ] INDICATES RECORD DATA PER R.S. 133/73-83. 6. < > INDICATES RECORD DATA PER P.M. 67/45. 7. (( )) INDICATES RECORD DATA PER LOT LINE ADJUSTMENT No. 2456, RECORDS OF RIVERSIDE COUNTY AND PER GRANT DEED, RECORDED 1110512004, AS INSTRUMENT No. 2004-0884471, O.R. 8. SNF INDICATES SEARCHED NOTHING FOUND. 9. THIS PARCEL MAP CONTAINS 5.01 ACRES GROSS WITHIN THE DISTINCTIVE BORDER. 10 ALL MONUMENTS SET PER RIVERSIDE COUNTY ORDINANCE 461.21. 11. ALL MONUMENTS SHOWN AS SET SHALL BE SET IN ACCORDANCE WITH THE MONUMENTATION AGREEMENT FOR THIS MAP. EASEMENT NOTES INDICATES AN EASEMENT FOR PIPE LINES, CONDUITS AND 1 INCIDENTAL PURPOSES, TO THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, PER INST. No. 44863, REC'D 0612411958, O.R. INDICATES AN EASEMENT FOR ROAD AND UTILITY PURPOSES, 2 IN FAVOR OF MARGARET L. CRANES, HELEN N. LASAGNA AND NATHALINE N. LIEFER, PER INST. Nos. 28307, 28308, 28309, AND 28310, REC'D 0JI0211972, O.R. AINDICATES A DECLARATION OF DEDICATION, PER INST. No. 3 118528 REC'D 0811111976, O.R. 4. AN EASEMENT FOR SLOPE EASEMENTS AND INCIDENTAL PURPOSES, PER INST. No. 119487 REC'D 1210611968, O.R. NOT PLOTTABLE. A20.00' EASEMENT DEDICATION TO THE PUBLIC FOR PUBLIC 5 UTILITIES AND EMERGENCY VEHICLE ACCESS PURPOSES. NOTE. • DRAINAGE EASEMENTS SHALL BE KEPT G)' FREE OF ALL BUILDINGS AND OBSTRUCTIONS. W Q J Zat FOUND 3" BRASS DISK W — STAMPED "L.S. 7891 ", FLUSH, PER R.S. 143/82-89. clia 597.38' <N89 26'05"W 597 41 '> `O N89 2559 "W 1144.96' TlE TO STATE PLANE FOUND 2" I.P. W/TAG 'M.W.D. 80 40 0 80 160 240 "P476" COORDINA TES —ZONE Vl L.S. 4454'; DOWN 1.00; PER N 2,104,887231 I / R.S. 133/73-83. E 6,275,015.130 NOT TO SCALE SCALE: 1 "=80' MURRIETA RIND HOT 9�G QR\�dS 5 a W Qc 9 ROAD N 01COLAS WALCOTT LANE 4i 79 VP ��va ROAO o� s 0 15 ROF o w m VICINITY MAP N.T.S. IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA SHEET 1 OF 1 SHEETS PARCEL MAP NO. 37 615 1 BEING A SUBDIVISION OF PARCEL 3 AND A PORTION OF PARCEL 4 OF PARCEL MAP NO. 7593, AS FILED IN BOOK 26, PAGES 97 AND 98, OF PARCEL MAPS, ALSO SHOWN AS PARCELS 3 AND 4 PER LOT LINE ADJUSTMENT NO. 2456 APPROVED BY THE COUNTY OF RIVERSIDE SURVEY DEPARTMENT ON JANUARY 23, 1987, ALL IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LYING WITHIN SECTION 20, TOWNSHIP 7 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE MERIDIAN. INLAND VALLEY SURVEYING, INC. JUNE, I I 0 52,142, 547.984 001 �N 100 YEAR FLOOD PLAIN, I o I E 6,301,266.711 PER P.M. 26197-98 / FOUND 2" I.P. W/TAG "M.W.D. L.S. 4454", DOWN 0.20, PER PARCEL 2 FOUND 1-1/4" I.P. W/TAG o/ PARCPL MAP No, 7593 o R.S. 133/73-83. ,NI, 26 / 97-98 "L. S. 4136"; DOWN 1.20 ; ,,� P PER P.M. 26197-98. d BASIS OF BEARINGS R 526.39' (526.53') "THE BASIS OF BEARINGS FOR THIS SURVEY IS THE CALIFORNIA STATE PLANE COORDINATE SYSTEM, CCS83, ZONE 6, BASED LOCALLY ON CONTROL STATIONS PPBF , P476 , AND P479 NAD 83 (NSRS2011) OWN I EPOCH 2O17.50 AS SHHEREON. ALL BEARINGS SHOWN ON THIS MAP ARE GRID. QUOTED BEARINGS AND DISTANCES FROM REFERENCE MAPS OR DEEDS ARE AS SHOWN PER THAT RECORD REFERENCE. ALL 100 YEAR FLOOD PLAIN, DISTANCES SHOWN ARE GROUND DISTANCES UNLESS SPECIFIED PER P.M. 26197-98 0 OTHERWISE. GRID DISTANCES, MAY BE OBTAINED BY MULTIPLYING THE GROUND DISTANCE BY A COMBINATION FACTOR OF 0.9999080940. I CALCULATIONS ARE MADE AT "5000" WITH COORDINATES OF: C N: 2,141, 345.762E 6, 300, 999.441, USING AN ELEVATION OF 1204.451 ' � / h "PPBF" Q N m N 2, 248, 987.637 o j E 6, 278, 618.148 p I' \ oz CD i O� ,Iv \ ,o I z 15.31' 4 559.39 I IN89 26'19"W 210.24' PARCEL 2 2.51 AC. GROSS AND NET 559. FOUND 1-114" I. P. W/TAG "R. C. E. 2020 I 12116", FLUSH, PER P.M. 26197-98 AND P.M. 67145. O O J o J � I� PARCPL I PARCPL 1WAP Na 8535 P,IYI, s7 / 45 W 33.00' N ((N89 25'53"W 559.53') ZVI 5 20' PARCEL 1 2.50 AC. GROSS AND NET N89'00'34"W 208.15' II b� NORTHERLY LINE PARCEL 4, P.M. 7593, P.M.B. 26197-98 1 N89 °00'53"W 636.43 �C \ = CONVERGENCE ANGLE AT 5000 0°28'12" 50' POR770N PARCPL 4 \o PARC-EL MAP Na 7593 PM, 26 / 97-98 0 5001 I I I 1 1 N 2,142, 547.984 E 6,301,266.711 \ 512.31' (512.42) \ I I I SNF. RE-ESTABLISHED AT RECORD ANGLE AND DISTANCE PER P M 26/97-98 W �� �� 500.56' �V7g. 5000 tki 547.58' (N89 2633"W 547,69) Q0 �� �� N-3 5= 9975567, \ N 2,141,345.762 I 51 Ol CALLE CHAPOS �1 41 1 5000 18 W 997 5, \ FOUND 0 99 I.P. W/TAG �� • �A) N 2,141,J45.762 E 6,300,999.441 GRID "L.S. 5022'; FLUSH,6 1ti PER R.S. 133/73 83. N8� 2"E 1255�2 SNF. RE-ESTABLISHED � " P479" AT RECO�D DISTANCE. 1 N 2,123,539.043 E 6,399,194.508 66' / ,,' 3 i LO Ln PARCPL 2 PARCPL MAP Na 8535 W PW 57/45 0 0 z. SNF. RE-ESTABLISHED 49.87' BY, PARALLEL OFFSET. 33.00' 35113' 1 15.00' FOUND 1" I.P. W/TAG "R. C. E. 21914 ", FLUSH, PER P.M. 67/45. tII\ ll Ln 2 30' I oo f I 0o PARCPL 3 _Z PARCPI MAP Na 8535 PJWY 67 / 45 d I Nai N� Nam' LL 3 N 33' N4532'58'E 19.79' (N4532'50'E 19.80) jl 3.00' 0o I o SNF. RE-ESTABLISHED BY INTERSECTION. 1~ Z SURVEYOR'S NOTES 1. 0 INDICATES FOUND MONUMENT AS NOTED. 2. O INDICATES SET 1" I.P., FLUSH, W/PLASTIC PLUG STAMPED "L.S. 8509." UNLESS OTHERWISE NOTED. 3, ❑ INDICATES SET NAIL, LEAD AND TAG STAMPED "L.S. 8509" IN CONCRETE STRUCTURE AT 1' OFFSET TO PROPERTY CORNER. 4. () INDICATES RECORD DATA PER P.M. 26197-98. 5. ] INDICATES RECORD DATA PER R.S. 133/73-83. 6. < > INDICATES RECORD DATA PER P.M. 67145. 7. (( )) INDICATES RECORD DATA PER LOT LINE ADJUSTMENT No. 2456, RECORDS OF RIVERSIDE COUNTY AND PER GRANT DEED, RECORDED 1110512004, AS INSTRUMENT No. 2004-0884471, O.R. 8. SNF INDICATES SEARCHED NOTHING FOUND. 9. THIS PARCEL MAP CONTAINS 5.01 ACRES GROSS WITHIN THE DISTINCTIVE BORDER. 10 ALL MONUMENTS SET PER RIVERSIDE COUNTY ORDINANCE 461.21. 11. ALL MONUMENTS SHOWN AS SET SHALL BE SET IN ACCORDANCE WITH THE MONUMENTATION AGREEMENT FOR THIS MAP. EASEMENT NOTES INDICATES AN EASEMENT FOR PIPE LINES, CONDUITS AND 1 INCIDENTAL PURPOSES, TO THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, PER INST. No. 44863, REC'D 0612411958, O.R. INDICATES AN EASEMENT FOR ROAD AND UTILITY PURPOSES, 2 IN FAVOR OF MARGARET L. CRANES, HELEN N. LASAGNA AND NATHALINE N. LIEFER, PER INST. Nos. 28307, 28308, 28309, AND 28310, REC'D 0310211972, O.R. AINDICATES A DECLARATION OF DEDICATION, PER INST. No. 3 118528 REC'D 0811111976, O.R. 4. AN EASEMENT FOR SLOPE EASEMENTS AND INCIDENTAL PURPOSES, PER INST. No. 119487 REC'D 1210611968, O.R. NOT PLOTTABLE. A20.00' EASEMENT DEDICATION TO THE PUBLIC FOR PUBLIC 5 UTILITIES AND EMERGENCY VEHICLE ACCESS PURPOSES. NOTE. • DRAINAGE EASEMENTS SHALL BE KEPT FREE OF ALL BUILDINGS AND OBSTRUCTIONS. ENVIRONMENTAL CONSTRAINT NOTES: 1. THIS PROPERTY IS LOCATED WITHIN 30 MILES OF MOUNT PALOMAR OBSERVATORY. ALL PROPOSED OUTDOOR LIGHTING SYSTEMS SHALL COMPLY WITH THE CALIFORNIA INSTITUTE OF TECHNOLOGY, PALOMAR OBSERVATORY RECOMMENDATIONS, ORDINANCE No. 655. 2. THIS PROJECT IS WITHIN A 100-YEAR FLOOD HAZARD ZONE. 3. THIS PROJECT IS WITHIN A LIQUEFACTION HAZARD ZONE. 4. THIS PROJECT IS WITHIN A SUBSIDENCE ZONE. 0 597.38' <N89 26'05"W 597.41 N89 2559"W 1144.96' TlE TO STATE PLANE FOUND 2" I.P. W/TAG "M.W.D. 80 40 0 80 160 240 "P476" COORDINA TES —ZONE Vl L.S. 4454'; DOWN 1.00; PER N 2,104,887.231 I / R.S. 133/73-83. E 6,275,015.130 NOT TO SCALE SCALE: 1 "=80' � Q JPC FOUND 3" BRASS DISK W STAMPED "L.S. 7891 ", FLUSH, PER R.S. 143/82-89. 1:0 (n BOOK T, PAGE 409 Item No. 11 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 13, 2021 SUBJECT: Accept Improvements and File the Notice of Completion for the Mini Pump Track at Ronald Reagan Sports Park, PW20-09 PREPARED BY: Avlin Odviar, Senior Civil Engineer Nino Abad, Associate Civil Engineer RECOMMENDATION: That the City Council: 1. Accept the improvements for the Mini Pump Track at Ronald Reagan Sports Park, PW20-09, as complete; and 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond not less than 10% of the final contract amount; and 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. BACKGROUND: On November 18, 2020 the Director of Public Works awarded a construction contract to American Ramp Company, Inc. in the amount of $60,000.00 to construct the Mini Pump Track at Ronald Reagan Sports Park, PW20-09 (Project). Per section 22032 of the Public Contracting Code (PCC) and Section 3.32.010 of the City of Temecula Municipal Code, public works project of $60,000.00 or less may be performed by city employees, force account, negotiated contract, or by purchase order. Per City of Temecula Resolution 19-37 and the Delegation of Signature Authority from the City Manager dated June 19, 2019 the Director of Public Works may execute contracts of this type. The completed Mini Pump Track at Ronald Reagan Sports Park is approximately 6,800 square feet with an asphalt riding surface of approximately 2,400 square feet and an on course length of approximately 194 feet. The Mini Pump Track complements the larger pump track at the site by providing a smaller track with gentler features to accommodate younger and/or less experienced riders. The contractor has completed the work in accordance with the approved contract and to the satisfaction of the Director of Public Works/City Engineer. All work is warranted for a period of one year from December 16, 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 contract amount is $60,000. There were no change orders on this project. 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 American Ramp Company, Inc. 601 McKinley Ave, Joplin, MO 64801 to perform the following work of improvement: Mini Pump Track at Ronald Reagan Sports Park PW20-09 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 Temecula City Council on April 13, 2021. That upon said contract the Western Surety Company, 101 S Reid St, Sioux Falls, SD 57103 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: Ronald Reagan Sports Park 6. The location of said property is: 42569 Margarita Rd, Temecula, CA 92592 Dated at Temecula, California, this 13t" day of April, 2021. 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 13th day of April, 2021. City of Temecula Randi Johl, City Clerk 2020-262 SURETY BOND REVIEW FORM The attached surety bond(s) have been reviewed in the following amount(s): PROJECT: I Mini Pump Track at Ronald Reagan Sports Park PW20-09 CONTRACTOR: I American Ramo Comoanv SURETY BOND TYPE BOND NUMBER BOND AMOUNT Western Surety Company Maintenance 30090965 $60,000.00 The surety company is ® is not ❑ an admitted company in the State of California: ■ Financial Strength Rating: 4 X,J ■ A.M. Best #: 6qCi:�-1 y • NAIC #: 131 Sg ■ CA Company ID #: ib-I&I Insurance Verified By: Risk M nagement Division Approved As to Form: )�P-e-terM. Orson, Cit7Attorney NOTES: Submitted by: Tammy Petricka 319121 Date Date 3-25-21 Bond Numbered: 30090965 MAINTENANCE BOND for MINI PUMP TRACK AT RONAL❑ REAGAN SPORTS PART PROJECT NO. PW20-09 KNOW ALL PERSONS BY THESE PRESENT THAT American Ramp Company, 601 South McKinley, Joplin, Missouri 64801 NAME AND ADDRESS OF CONTRACTOR a Corporation (hereinafter called "Principal"), and (fill in whether a Corporation, Partnership, or Individual) Western Surety Company, 101 S. Reid Street, Suite 300, Sioux Falls, South Dakota 57013 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 SIXTY THOUSAND DOLLARS ($60,000.00) 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 18 day of November, 2020, a copy of which is hereto attached and made a part hereof for the construction of the Mini Pump Track at Ronald Reagan Sports Park, PROJECT NO. PW20-09. WHEREAS, said Contract provides that the Principal will €urnish 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 16th day of December, 2020. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred 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 MAINTENANCE BOND MB-1 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 28th (Seal) SURETY: Western Surety Company By: Scott Brothers (Name) Attorney -in -fact (Title) APPROVED AS TO FORM: Peter M. horson, City Attorney day of January , 20 21 PRINCIPAL: American Ramp Company By: - - Jam/moss (Name) CEO (Title) B J2pathon Hunter (Name) Vice -President (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 4 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls. and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Scott Brothers, Dawn Oney, Maria Stout, Individually of Joplin. MO, its true and lawful Attomey[s)-in•Fact with full power and authority hereby conferred to sign, sea] and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-] aw printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 25th day of October, 2018. WESTERN SURETY COMPANY SUR _•-�44ap0gq� APaul T. Bruflat, Vice President State of South Dakota ss County of Minnehaha On this 25th day of October, 2018, before me personally came Paul 'I'. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota: that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument. that he knows the seat of said corporation, that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires d rnaHtr� rcrrxrcndL•c SCIfTrI Qllf(1TR : r"L June 23 2021 J. Mohr, Notary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney here inabove set fortis is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof[ have hereunto subscribed my name and affixed the seal of the said corporation this 28th day of January, 2021. WESTERN SURETY COMPANY w;y� rtn;(Z)Y. I.. Nelson, Assistant Secretary Form F4280-7-2012 Go to www.cnasurety.com a Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate sea! is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation, The signature of any such officer and the corporate seal may be printed by facsimile. Acknowledgement Form State of Missouri County of Jasper On the 28th day of January in the year 2021 , before me, the undersigned notary public, personally appeared James Moss personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on this instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. WG(Y LYN HATFIELD Notary Public - Notary Seal Jasper County - state of Missouri Commission Number 14629608 My Commission Expires Aug 17, 2022 Acknowledgement Form State of Missouri County of Jasper j On the 28th day of January in the year 2021 , before me, the undersigned notary public, personally appeared Jonathon Hunter , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on this instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. MUM (Votary Public Vicky 1. a is d VICKY LYN HATFIELD Notary Public - Notary seal Jasper County - state of Missouri COrnmission Number 146Z9608 My Commission Expires Aug 17, 2022 Acknowledgement Form State of Missouri ] County of Newton On the 28th day of January in the year 2021 , before me, the undersigned notary public, personally appeared Scott Brothers , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on this instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. Notary Public Kcn&a Keller KENOFFA KELLER Notary Public - Notafr seat SM of Missoun Commissioned for Newton Cou�y My Commission Expires: Apol OE 2p�2 Commission Number: 14960149 2020-262 CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE for MINI PUMP TRACK AT RONALD REAGAN SPORTS PARK PROJECT NO. PW20-09 This is to certify that Ae ) La 4tw10 (hereinafter the "Contract I°') declares to the City of T me -ula, un er o h, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the Contractor or by any of the Contractor's agents, employees or subcontractors used or in contribution to the execution of its Contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as the Mini Pump Track at Ronald Reagan Sports Park, PROJECT NO. PW20-09, situated in the City of Temecula, State of California, more particularly described as follows: Ronald Reagan Sports Park 30975 Rancho Vista Rd, Temecula, CA 92592 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. CON CTO Dated: a By: , //, Signature a- 4 4i/ bep Y Yylo Print Name and Titl RELEASE R-1 Item No. 12 ACTION MINUTES TEMECULA COMMUNITY SERVICES DISTRICT MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA MARCH 23, 2021 CALL TO ORDER at 8:58 PM: President Schwank ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart CSD PUBLIC COMMENTS - None CSD CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (5-0): Motion by Edwards, Second by Stewart. The vote reflected unanimous approval. 11. Approve Action Minutes of March 9, 2021 Recommendation: That the Board of Directors approve the action minutes of March 9, 2021. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 9:00 PM, the Community Services District meeting was formally adjourned to Tuesday, April 13, 2021 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. 13 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Kevin Hawkins, Director of Community Services DATE: April 13, 2021 SUBJECT: Approve an Amendment to the Agreement Between Temecula Community Services District and Social Work Action Group (At the Request of Human Services Ad Hoc Subcommittee Mayor Edwards and Council Member Alexander) PREPARED BY: Mike Wooten, Administrative Services Manager RECOMMENDATION: That the Board of Directors approve the first amendment to the agreement between Temecula Community Services District and Social Work Action Group (at the request of Human Services Ad Hoc Subcommittee Mayor Edwards and Council Member Alexander). BACKGROUND: On January 11, 2020, the City of Temecula entered into an interim three-month agreement with Social Work Action Group (SWAG) to provide street outreach services to Temecula's homeless population, with an option to extend for an additional 12 months. In the three months since returning, SWAG has been able to successfully assist 14 individuals with securing treatment and/or housing. By extending this agreement, the City of Temecula will be well positioned to continue working towards the City's goal of permanently reducing the incidence and impacts of homelessness in Temecula over the next 12 months. Services will continue to be evaluated over the term of this agreement in order to determine the level of services needed prior to future RFP process. FISCAL IMPACT: Total fiscal impact of $426,148 ($387,408 + 10% contingency). For FY20/21, extension costs will be funded through existing operating budget. For FY21/22, additional funding of $284,654 is being requested through the Annual Operating Budget process. ATTACHMENTS: First Amendment FIRST AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND SOCIAL WORK ACTION GROUP (SWAG) A CORPORATION CITYWIDE HOMELESS OUTREACH SERVICES THIS FIRST AMENDMENT is made and entered into as of April 13, 2021 by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and SOCIAL WORK ACTION GROUP (SWAG) a Corporation, (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On January 11, 2021, the City and Contractor entered into that certain Agreement entitled "Agreement for Citywide Homeless Outreach Services," in the amount of $94,644.00, plus Contingency in the amount of $9,464.40 for a total not to exceed Agreement amount of $104,108.40. b. The parties now desire to add scope of work, extend the term of the agreement to April 11, 2022, increase the payment in the amount of Three Hundred Eighty Seven Thousand Four Hundred Eight Dollars and No Cents ($387,408.00), increase the contingency in the amount of Thirty Eight Thousand Seven Hundred Forty Dollars and Eighty Cents ($38,740.80), and to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than April 11, 2022 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The FIRST Amendment amount shall not exceed Three Hundred Eighty Seven Thousand Four Hundred Eight Dollars and No Cents ($387,408.00), plus 10% Contingency of Thirty Eight Thousand Seven Hundred Forty Dollars and Eighty Cents ($38,740.80) for additional Citywide Homeless Outreach Services for a total Agreement amount of Five Hundred Thirty Thousand Two Hundred Fifty Seven Dollars and Twenty Cents ($530,257.20). 12/31/2020 4. Exhibits "A" and "B" to the Agreement are hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 12/31 /2020 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT By: Zak Schwank, TCSD President ATTEST: By: Randi Johl, Secretary APPROVED AS TO FORM: By: Peter M. Thorson, General Counsel SOCIAL WORK ACTION GROUP (SWAG) (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Monica Sapien, Executive Director By: Aaron Petroff, Director of Programs CONTRACTOR SOCIAL WORK ACTION GROUP (SWAG) Attn: Monica Sapien, Executive Director 252 N Main Street Lake Elsinore, CA 92530 (951) 202-2934 Monica@theswag.org 3 City Purchasing Mgr. Initials and MSY Date: 03-10-2021 12/31/2020 ATTACHMENT A EXHIBIT A Tasks to be Performed Social Work Action Group (SWAG) will work in conjunction with the City of Temecula to facilitate and lead the overall scope of homeless services for the City of Temecula. Full-time, 40 hours per week, Homeless Outreach team members will serve the project. The SWAG homeless services team will follow a Monday -Friday, 7:30am-4:30pm schedule. The term of services will be April 13, 2021-April 11, 2022. SWAG will provide the following activities and services: • Assist with the organization and facilitation of the Point -in -Time Count for January 2022. • Respond to homeless service requests made by city staff, and law enforcement in a timely manner. • Provide immediate crisis stabilization to those experiencing behavioral health and physical crisis and emergencies. • Provide connection to behavioral health and substance abuse treatment services for those living on the streets of Temecula. • Case manage individuals that are in treatment and temporary living situations to help ensure they do not return to the streets. • All individuals encountered will be included in the by -name census specifically for the City of Temecula. • Facilitate trips home/family reunification utilizing bus trips for individuals wanting to reunite with an identified support system that is out of the Temecula area. • Individuals found living on the streets will be assisted with obtaining admittance and transportation to emergency shelter, transitional and permanent housing options. • Conduct Riverside County housing assessments (including VI-SPDAT when applicable) to unsheltered homeless individuals and families and provide navigation services. • Participate in weekly Coordinated Entry Housing Navigation meetings to advocate and ensure clients are being linked to Riverside County Continuum of Care housing resources. • Facilitate community asset mapping for strategic coordination and alignment of community resources that serve at-risk/homeless population. • Participate in monthly Homeless Task Force meetings. • Connect homeless population to appropriate housing solutions throughout Riverside County. • Provide support to the City of Temecula through trainings, presentations and sharing updates related to trends in regional homeless efforts. • Assist with coordination and facilitation of Homeless Outreach Community Coalition meetings. • Attend and participate in City Council meetings, as requested. 12/31/2020 EXHIBIT B Payment Rates and Schedule Cost for additional services shall be as outlined below but in no event shall the total cost of services exceed Five Hundred Thirty Thousand Two Hundred Fifty Seven Dollars and Twenty Cents ($530,257.20). 2021-2022 City of Temecula Proposed Twelve (12) Month Service Agreement FTE Budget Option 2 (Preferred) —Two (2) Outreach Teams EXPENSE CATEGORY Outreach & Case Management Services Three (3) Outreach Specialist - 40 hrs. per week 3.0 $281,556 (case management/linkage to services and housing) One (1) Outreach Coordinator - 40 hrs. per week 1.0 $93,852 (coordinate homeless services throughout Temecula ) Transportation $12,000 Flexible Spending (motel room, trip home, medication, etc.) 0 TOTAL PROPOSED BUDGET _ 0�� 4%�8 12/31 /2020 Item No. 14 TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Board of Directors/Executive Director FROM: Greg Butler, Assistant Executive Director DATE: April 13, 2021 SUBJECT: Formation of Temecula Public Financing Authority Community Facilities District No. 20-01 (Heirloom Farms) Generally Located West of Date Street Between Ynez Road and Temecula Center Drive PREPARED BY: Jim Fabian, Fieldman Rolapp — Municipal Finance Advisor Paul Thimmig, Quint & Thimmig — Bond Counsel RECOMMENDATION: That the Board of Directors: 1. Hold a public hearing regarding the formation of the proposed Temecula Public Financing Authority Community Facilities District No. 20-01 (Heirloom Farms) (the "CFD"), the levy of special taxes in the CFD, and the issuance of bonds by the Temecula Public Financing Authority (the "Authority") for the CFD, and adopt resolutions entitled: RESOLUTION NO. TPFA 2021- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF FORMATION OF TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO.20-01 (HEIRLOOM FARMS), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, AND PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT RESOLUTION NO. TPFA 2021- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS OF THE TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO.20-01 (HEIRLOOM FARMS) RESOLUTION NO. TPFA 2021- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY CALLING SPECIAL ELECTION WITHIN COMMUNITY FACILITIES DISTRICT NO.20-01 (HEIRLOOM FARMS) 2. That the Board of Directors hold an election regarding the CFD, and adopt the resolution entitled: RESOLUTION NO. TPFA 2021- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN — COMMUNITY FACILITIES DISTRICT NO.20-01 (HEIRLOOM FARMS) 3. That the Board of Directors have the first reading of the ordinance entitled: ORDINANCE NO. TPFA 2021- AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY LEVYING SPECIAL TAXES WITHIN TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO.20-01 (HEIRLOOM FARMS) DISCUSSION: In March of last year, in response to a request by Meritage Homes of California, Inc. ("Meritage"), the Authority adopted Resolution No. TPFA 2020-01 and the City Council adopted Resolution No. 2020-15, pursuant to which it approved a Deposit/Reimbursement Agreement, subsequently executed by the Authority, the City and Meritage, whereby Meritage agreed to pay the costs of the Authority and the City in connection with the formation of a community facilities district. The Resolution of the Authority also designated various consultants to assist with the formation of the community facilities district. The Authority received a petition (including waivers) (the "Petition") from Meritage requesting that it move forward with the formation of the CFD for the purpose of financing public facilities and to fund the costs of certain municipal services in connection with the planned Heirloom Farms development project. The CFD is generally located west of Date Street between Ynez Road and Temecula Center Drive. The territory to be included within the boundaries of the CFD includes five County Assessor's parcels identified in the Petition. N On February 23, 2021, the Board adopted two resolutions related to the formation of the new CFD and set the date for a public hearing regarding the new CFD for April 13, 2021. On February 23, 2021, the City Council adopted a resolution approving a Joint Community Facilities Agreement with the Authority whereby the City agrees to own and operate certain facilities financed by the CFD, to provide the municipal services to be provided for by the CFD and to assist the Authority administer an Acquisition Agreement with Meritage pursuant to which Meritage will construct public improvements authorized to be funded by the CFD. The CFD will only include land currently owned by Meritage as delineated in the Petition. In the Petition, Meritage has requested that the CFD levy special taxes and issue bonds to provide funds to fund various public improvements identified in the Petition and to finance other costs of issuing the special tax bonds and of providing a reserve fund for the bonds. It is also expected that special taxes will be levied to fund the costs of certain municipal services identified in the Petition. The Authority proposes to use bond proceeds to finance the design, construction and installation of certain public improvements, including related incidental expenses, all as specified in the Reslution of Intention to Establish the CFD adopted by the Board on February 23, 2021. These facilities, when complete, will become the property of and will be maintained by the City, the Eastern Municipal Water District (EMWD) and the Temecula Valley Unified School District (TVUSD), as appropriate. SPECIFIC ACTIONS: It is recommended that the Board will receive and file the CFD Report prepared by the direction of the Authority and conduct a public hearing regarding (a) the establishment of the new CFD, (b) the levy of special taxes on property in the CFD, (c) the necessity to incur bonded indebtedness for the CFD, and (d) the establishment of an appropriation limit for the new CFD. If, following the public hearing, no majority protest has been filed pertaining to the establishment of the CFD or the levy of special taxes within the new CFD, the Board will consider the adoption of the following resolutions: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF FORMATION OF TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 20-01 (HEIRLOOM FARMS), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, AND PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS OF THE TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 20-01 (HEIRLOOM FARMS) A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY CALLING SPECIAL ELECTION WITHIN COMMUNITY FACILITIES DISTRICT NO. 20-01 (HEIRLOOM FARMS) Following the adoption of the above resolutions, the Secretary will tabulate the ballot cast in the special election called for the new CFD to enable the qualified elector of the new CFD to vote on ballot questions regarding (a) the authorization to levy special taxes within the CFD, (b) the authorization to issue bonds secured by the levy of such special taxes and (c) the establishment of an appropriations limit for the CFD. Meritage, as the sole owner of the land in the CFD, is the only entity entitled to vote in the election. If the results of the special election reveals that the propositions have received the affirmative vote of Meritage, the Authority is then requested to take the following actions. Adopt the following resolution: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN — COMMUNITY FACILITIES DISTRICT NO. 20-01 (HEIRLOOM FARMS) Hold the first reading of the following ordinance: AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY LEVYING SPECIAL TAXES WITHIN TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 20-01 (HEIRLOOM FARMS) FISCAL IMPACT: Meritage has agreed to pay all expenses incurred relative to the proposed formation of the new CFD and the issuance of bonds for the CFD. Costs of issuance of the proposed bond issue will be paid from the proceeds of the bonds to be issued by the Authority for the CFD and bond proceeds may be used to reimburse Meritage for funds advanced by it in connection with the formation of the CFD and the bonds. All annual costs of administering the new CFD and the bonds issued for the CFD will be paid from a portion of the special taxes levied on the properties in the CFD. The bonds, if and when issued by the Authority for the new CFD, would be payable from special taxes levied on land in the new CFD and collected by the Authority. All costs of the City and the Authority to administer the Acquisition Agreement and the Joint Community Facilities Agreement will be paid for with proceeds of a portion of the special taxes levied on property of the CFD. ATTACHMENTS: 1. Resolutions (4) 2. CFD Report 3. Ordinance 4. Notice of Special Tax Lien RESOLUTION NO. TPFA 2021- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF FORMATION OF TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 20-01 (HEIRLOOM FARMS), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, AND PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. On February 23, 2021, this Board of Directors adopted a resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Declaring Its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Therein — (Heirloom Farms)" (the "Resolution of Intention") stating its intention to form the Temecula Public Financing Authority Community Facilities District No. 20-01 (Heirloom Farms) (the "District") pursuant to the Mello -Roos Community Facilities Act of 1982, constituting Section 53311 et seq. of the California Government Code (the "Law"). Section 2. The Resolution of Intention, incorporating by reference a map of the proposed boundaries of the District and describing the public improvements (the "Facilities") and public services (the "Services") eligible to be financed by the District, the cost of financing the Facilities and the Services, and the rate and method of apportionment of the special tax to be levied within the District to pay the costs of the Facilities and the Services, and to pay the principal and interest on bonds proposed to be issued with respect to the District, is on file with the Secretary and the provisions thereof are incorporated herein by this reference as if fully set forth herein. Section 3. On this date, this Board of Directors held the public hearing as required by the Law and the Resolution of Intention relative to the proposed formation of the District. Section 4. At the hearing all interested persons desiring to be heard on all matters pertaining to the formation of the District, the Facilities and the Services eligible to be funded by the District, and the levy of the special tax, were heard and a full and fair hearing was held. Section 5. At the hearing evidence was presented to this Board of Directors on the matters before it, including a report by the Director of Public Works of the City of Temecula (the "Report") as to the Facilities and the Services eligible to be funded by the District and the costs thereof, a copy of which is on file with the Secretary, and this Board of Directors at the conclusion of the hearing was fully advised regarding the District. Section 6. Written protests with respect to the formation of the District and/or the furnishing of specified types of the Facilities and of the Services as described in the Report have not been filed with the Secretary by fifty percent (50%) or more of the registered voters residing within the territory of the District or the owners of one-half (1 /2) or more of the area of land within the District and not exempt from the special tax. Section 7. The special tax proposed to be levied in the District to pay for the costs of the Facilities and the Services, as set forth in Exhibit B to the Resolution of Intention, has not been eliminated by protest by fifty percent (50%) or more of the registered voters residing within the territory of the District or the owners of one-half (1 /2) or more of the area of land within the District and not exempt from the special tax. Section 8. On April 10, 2001, this Board of Directors adopted a resolution approving Local Goals and Policies for Community Facilities Districts, and this Board of Directors hereby finds and determines that the District is in conformity with said goals and policies. Section 9. All prior proceedings taken by this Board of Directors in connection with the establishment of the District and the levy of the special tax have been duly considered and are hereby found and determined to be valid and in conformity with the Law. Section 10. The community facilities district designated "Temecula Public Financing Authority Community Facilities District No. 20-01 (Heirloom Farms)" is hereby established pursuant to the Law. Section 11. The boundaries of the District, as described in the Resolution of Intention and set forth in the boundary map of the District recorded on March 10, 2021 at 3:21 p.m. in the Riverside County Recorder's Office in Book 86 of Maps of Assessment and Community Facilities Districts at Page 46 (instrument no. 2021-0154323), are hereby approved, are incorporated herein by this reference and shall be the boundaries of the District. Section 12. The types of facilities and services eligible to be funded by the District pursuant to the Law are as described in Exhibit A to the Resolution of Intention which Exhibit is by this reference incorporated herein. This Board of Directors hereby finds that the Facilities and the Services are necessary to meet increased demands placed upon local agencies as the result of development occurring in the District. Section 13. Except to the extent that funds are otherwise available to the District to pay for the Facilities, the Services and/or to pay the principal and interest as it becomes due on bonds of the District issued to finance the Facilities, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the District, will be levied within the District and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this Board of Directors shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District, in sufficient detail to allow each landowner within the proposed District to estimate the maximum amount such owner will have to pay, are described in Exhibit B to the Resolution of Intention which Exhibit is by this reference incorporated herein. This Board of Directors hereby finds that the basis for the levy and apportionment of the special tax, as set forth in the Rate and Method, is reasonable. N Section 14. The Treasurer of the Temecula Public Financing Authority, 41000 Main Street, Temecula, CA 92590, telephone number (951) 693-3945, is the officer of the Authority that will be responsible for preparing annually and whenever otherwise necessary a current roll of special tax levy obligations by assessor's parcel number and which will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Law. Section 15. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the District and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the Authority ceases. Section 16. In accordance with Section 53325.7 of the Law, the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, of the District is hereby preliminarily established at $17,000,000 and said appropriations limit shall be submitted to the voters of the District as provided below. The proposition establishing the appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be adjusted in accordance with the applicable provisions of Section 53325.7 of the Law. Section 17. Pursuant to the provisions of the Law, the proposition of the levy of the special tax and the proposition of the establishment of the appropriations limit specified above shall be submitted to the qualified electors of the District at an election, the time, place and conditions of which election shall be as specified by a separate resolution of this Board of Directors. Section 18. This Resolution shall take effect upon its adoption. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 13th day of April, 2021. Maryann Edwards, 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 2021- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 131h day of April, 2021, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Randi Johl, Secretary RESOLUTION NO. TPFA 2021- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS OF THE TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO.20-01 (HEIRLOOM FARMS) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. On February 23, 2021, this Board of Directors adopted a resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Declaring Its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Therein — (Heirloom Farms)" (the "Resolution of Intention") stating its intention to form the Temecula Public Financing Authority Community Facilities District No. 20-01 (Heirloom Farms) (the "District"), pursuant to the Mello -Roos Community Facilities Act of 1982, California Government Code Section 53311 et seq. (the "Law"), to fund costs of certain public improvements (the "Facilities") and certain public services (the "Services"), as described therein. Section 2. On February 23, 2021, this Board of Directors also adopted a resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Declaring Its Intention to Incur Bonded Indebtedness of the Proposed Temecula Public Financing Authority Community Facilities District No. 20-01 (Heirloom Farms)" (the "Resolution of Intention to Incur Indebtedness") stating its intention to incur bonded indebtedness within the boundaries of the District for the purpose of financing costs of the Facilities. Section 3. On this date, this Board of Directors held the public hearing as required by the Law and the Resolution of Intention relative to the determination to proceed with the formation of the District, the provision by the District of funds to pay costs of the Facilities and the Services, and the rate and method of apportionment of the special tax to be levied within the District to pay the principal and interest on the proposed indebtedness and the administrative costs of the Authority and the City of Temecula relative to the District. Section 4. At the hearing all persons desiring to be heard on all matters pertaining to the formation of the District, the provision of funds to pay the costs of the Facilities and the levy of the special tax on property within the District, were heard and a full and fair hearing was held. Section 5. Subsequent to the hearing, this Board of Directors adopted a resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority of Formation of Temecula Public Financing Authority Community Facilities District No. 20-01 (Heirloom Farms), Authorizing The Levy Of A Special Tax Within The District, and Preliminarily Establishing An Appropriations Limit For The District" (the "Resolution of Formation"). Section 6. On this date, this Board of Directors held the public hearing as required by the Law relative to the matters material to the questions set forth in the Resolution of Intention to Incur Indebtedness. Section 7. No written protests with respect to the matters material to the questions set forth in the Resolution of Intention to Incur Indebtedness have been filed with the Secretary. Section 8. This Board of Directors deems it necessary to incur bonded indebtedness in the maximum aggregate principal amount of $17,000,000 within the boundaries of the District. Section 9. The indebtedness is incurred for the purpose of financing costs of the Facilities, as provided in the Resolution of Formation including, but not limited to, the costs of issuing and selling bonds to finance costs of the Authority and the City of Temecula in administering the District. Section 10. The whole of the District shall pay for the bonded indebtedness through the levy of the special tax. The special tax is to be apportioned in accordance with the Rate and Method set forth in Exhibit B to the Resolution of Intention. Section 11. The maximum amount of bonded indebtedness to be incurred is $17,000,000 and the maximum term of the bonds to be issued shall in no event exceed forty (40) years. Section 12. The bonds shall bear interest at a rate or rates not to exceed the maximum interest rate permitted by applicable law at the time of sale of the bonds, payable weekly, semiannually or in such other manner as this Board of Directors or its designee shall determine, the actual rate or rates and times of payment of such interest to be determined by this Board of Directors or its designee at the time or times of sale of the bonds. Section 13. The proposition of incurring the bonded indebtedness herein authorized shall be submitted to the qualified electors of the District and shall be consolidated with elections on the proposition of levying special taxes within the District and the establishment of an appropriations limit for the District pursuant to Section 5283.5(a) of the Law. The time, place and conditions of said election shall be as specified by separate resolution of this Board of Directors. Section 14. This Resolution shall take effect upon its adoption. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 13th day of April, 2021. Maryann Edwards, 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 2021- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 131h day of April, 2021, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Randi Johl, Secretary RESOLUTION NO. TPFA 2021- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY CALLING SPECIAL ELECTION WITHIN COMMUNITY FACILITIES DISTRICT NO.20-01 (HEIRLOOM FARMS) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. On this date, this Board of Directors adopted a resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority of Formation of Temecula Public Financing Authority Community Facilities District No. 20-01 (Heirloom Farms), Authorizing the Levy of a Special Tax Within the District, and Preliminarily Establishing an Appropriations Limit for the District" (the "Resolution of Formation"), ordering the formation of the Temecula Public Financing Authority Community Facilities District No. 20-01 (Heirloom Farms) (the "District"), authorizing the levy of a special tax on property within the District and preliminarily establishing an appropriations limit for the District. Section 2. On this date, this Board of Directors also adopted a resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Determining the Necessity to Incur Bonded Indebtedness of the Temecula Public Financing Authority Community Facilities District No. 20-01 (Heirloom Farms)" (the "Resolution to Incur Indebtedness"), determining the necessity to incur bonded indebtedness in the maximum aggregate principal amount of $17,000,000 upon the security of the special tax to be levied within the District. Section 3. Pursuant to Sections 53325.7, 53326 and 53351 of the California Government Code (the "Law"), the issues of the levy of said special tax, the incurring of bonded indebtedness and the establishment of said appropriations limit shall be submitted to the qualified electors of the District at an election called therefor as provided below. Section 4. As authorized by Section 53353.5 of the Law, the three propositions described in Section 3 above shall be combined into a single ballot measure, the form of which is attached hereto as Exhibit A and by this reference incorporated herein. The form of ballot is hereby approved. Section 5. This Board of Directors hereby finds that fewer than 12 persons have been registered to vote within the territory of the District for each of the ninety (90) days preceding the close of the public hearings heretofore conducted and concluded by this Board of Directors for the purposes of these proceedings. Accordingly, and pursuant to Section 53326(b) of the Law, this Board of Directors finds that for purposes of these proceedings the sole qualified elector is the owner of all of the land within the District and that the vote shall be by said landowner or its authorized representative, having one vote for each acre or portion thereof such landowner owns in the District as of the close of the public hearings. Section 6. This Board of Directors hereby calls a special election to consider the measure described in Section 4 above, which election shall be held immediately following adoption of this Resolution in the meeting place of the Board of Directors of the Temecula Public Financing Authority (the "Authority"). The Secretary is hereby designated as the official to conduct said election. It is hereby acknowledged that the Secretary has on file the Resolution of Formation, a map of the proposed boundaries of the District, and a sufficient description to allow the Secretary to determine the boundaries of the District. Section 7. Pursuant to Section 53327 of the Law, the election shall be conducted by mail or hand delivered ballot pursuant to applicable provisions of the California Elections Code. The voted ballot shall be returned to the Secretary no later than immediately following the adoption of this Resolution; and when the qualified elector has voted, the election shall be closed. Section 8. This Board of Directors acknowledges that the Secretary has delivered the ballot to the sole qualified elector of the District in the form set forth in Exhibit A hereto. The ballot indicated the number of votes to be voted by the landowner. The ballot was accompanied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return ballot was enclosed with the ballot, had the return postage prepaid, and contained the following: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the Secretary. Analysis and arguments with respect to the ballot measures were waived by the landowner in its petition to the Authority to create the District and are expected to be waived by the landowner in its voted ballot, as permitted by Section 53327(b) of the Law. Section 9. The Secretary shall accept the ballot of the qualified elector upon and prior to the adoption of this Resolution, whether the ballot be personally delivered or received by mail. The Secretary shall have available a ballot which may be marked in the Board of Directors meeting room on the election day by the qualified elector. Section 10. This Board of Directors hereby further finds that the provision of the Law requiring a minimum of 90 days following the adoption of the Resolution of Formation to elapse before said special election is for the protection of the qualified elector of the District. The petition previously submitted by the landowner in the District and the voted ballot of the sole qualified elector of the District contain acknowledgments of a waiver of any time limit pertaining to the conduct of the election and of a waiver of any requirement for analysis and arguments in connection with the election. Accordingly, this Board of Directors finds and determines that the qualified elector has been fully apprised of and has agreed to the shortened time for the election and waiver of analysis and arguments, and has thereby been fully protected in these proceedings. This Board of Directors also finds and determines that the Secretary has concurred in the shortened time for the election. N Section 11. Pursuant to the Local Agency Special Tax and Bond Accountability Act, Sections 50075.1 et. seq. and Sections 53410 et. seq. of the California Government Code, (a) the ballot measure referred to in Sections 3 and 4 above contains a statement indicating the specific purposes of the special tax, the proceeds of the special tax will be applied only to the purposes specified in the ballot measure, there shall be created by the Treasurer an account into which proceeds of the special tax levies will be deposited, and the Treasurer is hereby directed to provide an annual report to this Board of Directors as required by Section 50075.3 of the California Government Code; and (b) the ballot measure contains a statement indicating the specific purposes of the bonds, the proceeds of the bonds will be applied only to the purposes specified in the ballot measure, there shall be created by the Treasurer an account into which the proceeds of the bonds will be deposited, and the Treasurer is hereby directed to provide an annual report to this Board of Directors as required by Section 53411 of the California Government Code. Section 12. The Secretary is hereby directed to cause to be published in a newspaper of general circulation circulating within the District a copy of this Resolution and a copy of the Resolution to Incur Indebtedness, as soon as practicable after the date of adoption of this Resolution. Section 13. This Resolution shall take effect upon its adoption. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 13th day of April, 2021. Maryann Edwards, 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 2021- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 131h day of April, 2021, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Randi Johl, Secretary EXHIBIT A TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 20-01 (HEIRLOOM FARMS) OFFICIAL BALLOT Special Tax and Bond Election (April 13, 2021) This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to the Secretary of the Temecula Public Financing Authority no later than immediately after adoption of the resolution of the Board of Directors calling said election, either by mail or in person. To vote, mark a cross (X) on the voting line after the word "YES" or after the word "NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the Secretary of the Temecula Public Financing Authority and obtain another. BALLOT MEASURE: Shall the Temecula Public Financing Authority (the "Authority") incur an indebtedness and issue bonds in one or more series in the maximum aggregate principal amount of $17,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds on behalf of the Temecula Public Financing Authority Community Facilities District No. 20-01 (Heirloom Farms) (the "District"), the proceeds of which will be used only to finance the costs of certain public improvements as specified in the Resolution of Formation of the District and the costs of issuing the bonds as well as the establishment of appropriate bond and interest rate reserves; shall a special tax be levied annually upon lands within the District to be applied only to the payment of the costs of services and facilities eligible to be funded by the District, the payment of the principal and interest upon such bonds to be issued and to replenish the reserves for the bonds, and to pay the costs of the Authority and the City of Temecula in administering the District, and shall the annual appropriations limit of the District be established in the amount of $17,000,000? Yes: M By execution in the space provided below, you also indicate your waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b) of the California Government Code. Riverside County Assessor's Parcel Nos. of Land Owned in the District: 916400034, 916400035, 916400036, 916400039 and 916400060 Number of Votes: 28 Property Owner: Meritage Homes of California, Inc., a California corporation A-1 RESOLUTION NO. TPFA 2021- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN — COMMUNITY FACILITIES DISTRICT NO. 20-01 (HEIRLOOM FARMS) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. In proceedings heretofore conducted by this Board of Directors pursuant to the Mello -Roos Community Facilities Act of 1982, Section 53311 et seq. of the California Government Code (the "Law"), this Board of Directors on this date adopted a resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Calling Special Election Within Community Facilities District No. 20-01 (Heirloom Farms)", calling for a special election of the qualified electors within the Temecula Public Financing Authority Community Facilities District No. 20-01 (Heirloom Farms) (the "District"). Section 2. Pursuant to the terms of said resolution, which are by this reference incorporated herein, the special election was held on this date, and the Secretary has on file a Canvass and Statement of Results of Election, a copy of which is attached hereto as Exhibit A. Section 3. This Board of Directors has reviewed the canvass and hereby approves it. Section 4. The issues presented at the special election were the incurring of a bonded indebtedness in the maximum aggregate principal amount of $17,000,000, the levy of a special tax within the District to be levied in accordance with the rate and method of apportionment of special taxes heretofore approved by this Board of Directors by its resolution adopted this date entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority of Formation of Temecula Public Financing Authority Community Facilities District No. 20-01 (Heirloom Farms), Authorizing Levy of a Special Tax Within the District, and Preliminarily Establishing an Appropriations Limit for the District," and the approval of an appropriations limit of not to exceed $17,000,000 pursuant to said Resolution. Section 5. Pursuant to the canvass of the special election on file with the Secretary, the issues presented at the special election were approved by the sole qualified elector of the District by its votes cast at the special election. Section 6. Pursuant to the voter approval, the District is hereby declared to be fully formed with the authority to incur bonded indebtedness and to levy special taxes as heretofore provided in these proceedings and in the Law. Section 7. It is hereby found that all prior proceedings and actions taken by this Board of Directors with respect to the District were valid and in conformity with the Law. Section 8. The Secretary is hereby directed to execute and cause to be recorded in the office of the County Recorder of the County of Riverside a notice of special tax lien in the form required by the Law, said recording to occur no later than fifteen days following adoption by the Board of Directors of this Resolution. Section 9. This Resolution shall take effect upon its adoption. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 13th day of April, 2021. Maryann Edwards, 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 2021- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 131h day of April, 2021, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Randi Johl, Secretary EXHIBIT A CANVASS AND STATEMENT OF RESULT OF ELECTION TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 20-01 (HEIRLOOM FARMS) I hereby certify that on April 13, 2021, 1 canvassed the returns of the special election held on April 13, 2021, in the Temecula Public Financing Authority Community Facilities District No. 20-01 (Heirloom Farms) and the total number of ballots cast in said District and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct: Qualified Landowner Votes Votes Cast YES NO Temecula Public Financing Authority Community Facilities District No. 20- 01 (Heirloom Farms) Special Tax and Bond Election April 13. 2021. 28 28 BALLOT MEASURE: Shall the Temecula Public Financing Authority (the "Authority") incur an indebtedness and issue bonds in one or more series in the maximum aggregate principal amount of $17,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds on behalf of the Temecula Public Financing Authority Community Facilities District No. 20-01 (Heirloom Farms) (the "District"), the proceeds of which will be used only to finance the costs of certain public improvements as specified in the Resolution of Formation of the District and the costs of issuing the bonds as well as the establishment of appropriate bond and interest rate reserves; shall a special tax be levied annually upon lands within the District to be applied only to the payment of the costs of services and facilities eligible to be funded by the District, the payment of the principal and interest upon such bonds to be issued and to replenish the reserves for the bonds and to pay the costs of the Authority and the City of Temecula in administering the District, and shall the annual appropriations limit of the District be established in the amount of $17,000,000? IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 13th day of April, 2021. By: Secretary, Temecula Public Financing Authority A-1 Quint & Thimmig LLP 2/25/2021 3/18/2021 TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO.20-01 (HEIRLOOM FARMS) COMMUNITY FACILITIES DISTRICT REPORT CONTENTS Introduction A. Description of Special Taxes to be Prepaid, the Facilities and the Services B. Proposed Boundaries of the Community Facilities District C. Cost Estimate Exhibit A — Description of Special Taxes to be Prepaid, the Facilities and the Services Exhibit B — Cost Estimate 20009.18:J17266 TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO.20-01 (HEIRLOOM FARMS) INTRODUCTION. The Board of Directors (the 'Board of Directors') of the Temecula Public Financing Authority (the "Authority') did, pursuant to the provisions of the Mello -Roos Community Facilities Act of 1982 (the "Law"), on February 23, 2021, adopt a resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Declaring Its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Therein — (Heirloom Farms)" (the "Resolution of Intention"). In the Resolution of Intention, the Board of Directors expressly ordered the preparation of a written Community Facilities District Report (the "Report"), for the proposed Temecula Public Financing Authority Community Facilities District No. 20-01 (Heirloom Farms) (the "District"). The Resolution of Intention ordering the Report did direct that the Report generally contain the following: 1. A brief description of the facilities and services to be funded by the District; and 2. An estimate of the fair and reasonable cost of providing for the facilities and the services, including the incidental expenses in connection therewith, including the costs of the proposed bond financing, any Authority or City of Temecula administrative costs and all other related costs. For particulars, reference is made to the Resolution of Intention for the District, as previously approved and adopted by the Board of Directors. NOW, THEREFORE, I, the Director of Public Works of the City of Temecula, do hereby submit the following data: A. DESCRIPTION OF SPECIAL TAXES TO BE PREPAID, THE FACILITIES AND THE SERVICES. A brief description of the facilities and services that the Authority has determined to be eligible to be funded by the District are as shown in Exhibit "A" attached hereto and hereby made a part hereof. B. PROPOSED BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT. The proposed boundaries of the District are those properties and parcels in which special taxes may be levied to pay for the cost to prepay certain special taxes, and the costs and expenses of the facilities and services to be funded by the District. The proposed boundaries of the District are described in the map of the District recorded on March 10, 2021 at the hour of 3:21 o'clock p.m. in Book 86 at Page 46 of Maps of Assessment and Community Facilities Districts in the office of the County Recorder for the County of Riverside (instrument no. 2021-0154323), a copy of which map is on file with the Secretary. -2- C. COST ESTIMATE. The cost estimate for the financing of the facilities, and the cost estimate for the maximum annual special tax that may be levied to pay for the services, is set forth in Exhibit "B" attached hereto and hereby made a part hereof. Dated: April 13, 2021 am Patrick Thomas, Director of Public Works of the City of Temecula -3- EXHIBIT A TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO.20-01 (HEIRLOOM FARMS) DESCRIPTION OF FACILITIES AND SERVICES ELIGIBLE TO BE FUNDED BY THE DISTRICT It is proposed that the District be eligible to finance all or a portion of the costs of the following facilities: The acquisition and construction of: streets (including paving, aggregate base, striping and traffic marking, sidewalks, curbs, gutters and driveways), including Temecula Center Drive and Ynez Road within and in the vicinity of the District; stormwater drainage systems (including storm drain lines, inlets, outlets, channels, structures, junctions, manholes, catch basins and related dewatering); street light improvements (including light fixtures, substructures, conduits and service points of connection); and street signage (including traffic, stop and street name signs). The foregoing are to include the acquisition of any related right-of-way and other land needed for the installation of any such improvements, demolition of existing structures and site leveling needed for the installation of any such improvements, erosion control, and other appurtenances. • The acquisition and installation of traffic signal improvements, including traffic signal interconnection and video surveillance systems, at the intersection of Ynez Road and Temecula Center Drive. • Landscaping improvements in the public right of way along or in the vicinity of Temecula Center Drive, Date Street and Ynez Road, including related appurtenances. • Capital improvements included in the City of Temecula's adopted Capital Improvement Program for Fiscal Years 2021-2025. • School improvements to be designated by the Temecula Valley Unified School District, which may include construction of buildings, equipping of school facilities, and acquisition of support and other appurtenances with a useful life of five years or more. Sewer system improvements to be designated by the Eastern Municipal Water District. The Facilities include the acquisition of right-of-way, the costs of design, engineering and planning, the costs of any environmental or traffic studies, surveys or other reports, the cost of any required environmental mitigation and any required noise mitigation measures, landscaping and irrigation, soils testing, permits, plan check and inspection fees, insurance, legal and related overhead costs, coordination and supervision and any other costs or appurtenances related to any of the foregoing. MUNICIPAL SERVICES It is proposed that the District be eligible to fund all or a portion of the costs of the following municipal services: • Public safety services, including police and fire protection. A-1 • Maintenance of parks, and landscaping in public areas, public easements and public right of way in or near the area of the District, such maintenance to include but not be limited to maintenance of planting areas, trees, bioretention filters, multipurpose trails, and the furnishing of water for irrigation. • Maintenance of public signage in or near the District. • Maintenance of storm drainage systems within or serving the area of the District, and including storm drain pipes, culverts, detention/desilting basins, manholes, catch basins and drop inlets, cleanout of storm drains and catch basin cleaning and inspection. • Maintenance of sidewalks, streets and roadways within or in the vicinity of the area of the District, and including slurry, overlay, curbs and gutters, curb ramps, striping and street sweeping. • Maintenance of street lighting located within or in the vicinity of the District, and including decorative lighting and pull box assemblies. • Maintenance of traffic signals, and traffic interconnection and video surveillance systems, within and in the vicinity of the District, and including electrical, LED replacement, maintenance and replacement. • Graffiti removal from public improvements within and in the area of the District. The District may fund any of the following related to the services described above: the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the improvements, including repair, removal or replacement of all or part of any of the improvements, the furnishing of water for the irrigation and the furnishing of electric current or energy, for any lights or irrigation facilities, obtaining, constructing, furnishing, operating and maintaining equipment, apparatus or facilities related to providing the services and / or equipment, apparatus, facilities or fixtures in areas to be maintained, obtaining supplies or appurtenant facilities necessary for such maintenance, paying the salaries and benefits of personnel necessary or convenient to provide the services, payment of insurance costs and other related expenses. The District may also provide for the reimbursement to the City of Temecula to the extent that the City of Temecula advances funds to pay for any of the foregoing services, and may fund reserves for repairs and replacements and for future expected costs of services. It is expected that the services will be provided by the City of Temecula, either with its own employees or by contract with third parties, or any combination thereof. The services to be financed by the District shall be in addition to those provided in the territory of the District before the date of creation of the District, and will not supplant services already available within that territory when the District is created. OTHER The District may also finance any of the following: 1. Bond related expenses, including underwriters discount, appraisal and price point study costs, reserve fund, capitalized interest, bond and disclosure counsel fees and expenses, landowner counsel fees and expenses, and all other incidental expenses related to any special tax bonds (the 'Bonds') issued for the District. 2. Administrative fees of the Authority, the City of Temecula and the Bond trustee or fiscal agent related to the District and the Bonds. A-2 3. Reimbursement of costs related to the formation of the District advanced by the Authority, the City of Temecula, any landowner in the District, or any party related to any of the foregoing, as well as reimbursement of any costs advanced by the Authority, the City of Temecula, any landowner in the District or any party related to any of the foregoing, for facilities, fees or other purposes or costs of the District. A-3 EXHIBIT B TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO.20-01 (HEIRLOOM FARMS) BONDS / FACILITIES COST ESTIMATE ACQUISITION & CONSTRUCTION OF FACILITIES $14,777,000 INCIDENTALS (a) Bond Reserve Fund $1,166,000 (b) Capitalized Interest 317,000 (c) Bond Discount/Underwriter Compensation 340,000 (d) Other Costs of Issuance 400,000 Subtotal Incidentals: $ 2,223,000 TOTAL BOND AMOUNT NEEDED $17,000,000 SERVICES COST ESTIMATE The maximum annual special tax that may be levied in the District to pay costs of providing the services eligible to be funded by the District is projected to be $147,339 for fiscal year 2021-22 (assuming buildout of 321 to be constructed in the District), increasing each fiscal year thereafter by an amount equal to five and six -tenths percent (5.6%) of the amount in effect for the previous fiscal year; to be replaced by a special tax that will increase, each fiscal year following the Transition Year (as defined in the Rate and Method of Apportionment of Special Taxes for the District), by an amount equal to the greater of three percent (3.0%) or the positive percentage change in CPI (as defined in the Rate and Method of Apportionment of Special Taxes for the District), over the amount in effect for the previous fiscal year. B-1 ORDINANCE NO. TPFA 2021- AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY LEVYING SPECIAL TAXES WITHIN TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO.20-01 (HEIRLOOM FARMS) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY ORDAIN AS FOLLOWS: Section 1. On February 23, 2021, this Board of Directors of the Temecula Public Financing Authority (the "Authority") adopted a resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Declaring Its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Therein — (Heirloom Farms)" (the "Resolution of Intention"), stating its intention to establish the Temecula Public Financing Authority Community Facilities District No. 20-01 (Heirloom Farms) pursuant to the Mello -Roos Community Facilities Act of 1982, Section 53311 et seq. of the California Government Code (the "Law"), to finance the costs of certain public improvements (the "Facilities") and of certain public services (the "Services"). Section 2. Notice was published as required by the Law of the public hearing called pursuant to the Resolution of Intention relative to the intention of this Board of Directors to form the District and to provide for the costs of the Facilities. Section 3. The Resolution of Intention called for a public hearing on the District to be held on April 13, 2021 and on such date this Board of Directors held the public hearing relative to the determination to proceed with the formation of the District. Section 4. At the public hearing all persons desiring to be heard on all matters pertaining to the formation of the District and the levy of special taxes in the District were heard, substantial evidence was presented and considered by this Board of Directors and a full and fair hearing was held. Section 5. Subsequent to said hearing, this Board of Directors adopted resolutions entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority of Formation of Temecula Public Financing Authority Community Facilities District No. 20-01 (Heirloom Farms), Authorizing the Levy of a Special Tax Within the District, and Preliminarily Establishing an Appropriations Limit for the District" (the "Resolution of Formation"), "A Resolution of the Board of Directors of the Temecula Public Financing Authority Determining the Necessity to Incur Bonded Indebtedness of the Temecula Public Financing Authority Community Facilities District No. 20-01 (Heirloom Farms)" (the "Resolution of Necessity") and "A Resolution of the Board of Directors of the Temecula Public Financing Authority Calling Special Election Within Community Facilities District No. 20-01 (Heirloom Farms)", which resolutions established the District, authorized the levy of a special tax with the District, and called an election within the District on the proposition of incurring indebtedness, levying the special tax and establishing an appropriations limit within the District, respectively. Section 6. On April 13, 2021 an election was held within the District in which the sole eligible landowner elector approved said propositions. Section 7. By the passage of this Ordinance this Board of Directors hereby authorizes and levies special taxes within the District, pursuant to the Law, at the rate and in accordance with the rate and method of apportionment of special taxes for the District approved by the Resolution of Formation (the "Rate and Method") which Resolution is by this reference incorporated herein. The special taxes are hereby levied commencing in Fiscal Year 2022-2023 and in each fiscal year thereafter until payment in full of any bonds issued by the Authority for the District (the "Bonds") as contemplated by the Resolution of Formation and the Resolution of Necessity, payment in full all costs of administering the District, and so long as necessary to pay for the Services. Section 8. The Authority Treasurer is hereby authorized and directed to work with the Finance Director for the City of Temecula (who is identified as the "CFD Administrator" in the Rate and Method) each fiscal year to determine the specific special tax rate and amount to be levied for each parcel of real property within the District, in the manner and as provided in the Rate and Method. Section 9. Properties or entities of the State, federal or local governments shall be exempt from any levy of the special taxes, to the extent set forth in the Rate and Method attached as Exhibit B to the Resolution of Intention. In no event shall the special taxes be levied on any parcel within the District in excess of the maximum tax specified in the Rate and Method. Section 10. All of the collections of the special tax shall be used as provided for in the Law and in the Resolution of Formation including the payment of principal and interest on the Bonds, the replenishment of the reserves for the Bonds, the payment of the costs to provide the Facilities and the Services, the costs of the Authority and the City of Temecula in administering the District, and the costs of collecting and administering the special tax. Section 11. The special taxes shall be collected from time to time as necessary to meet the financial obligations of the District on the secured real property tax roll in the same manner as ordinary ad valorem taxes are collected. The special taxes shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes. In addition, the provisions of Section 5286.1 of the California Government Code shall apply to delinquent special tax payments. The Treasurer is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Riverside and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax, so that the special tax shall be levied and collected in sufficient amounts and at the times necessary to satisfy the financial obligations of the District in each fiscal year. Notwithstanding the foregoing, the Treasurer may collect one or more installments of the special taxes on any one or more parcels in the District by means of direct billing by the Authority N of the property owners within the District, if any of the Bonds bear interest at a variable interest rate, or otherwise if, in the judgment of the Treasurer, such means of collection will reduce the administrative burden on the Authority in administering the District or is otherwise appropriate in the circumstances. In such event, the special taxes shall become delinquent if not paid when due as set forth in any such respective billing to the applicable property owners. Section 12. If for any reason any portion of this Ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the District, by a Court of competent jurisdiction, the balance of this Ordinance, and the application of the special tax to the remaining parcels within the District shall not be affected. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this day of , Maryann Edwards, 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 Ordinance No. 2021- was duly introduced and placed upon its first reading at a meeting of the Board of Directors of the Temecula Public Financing Authority on the 13th day of April, 2021, and that thereafter, said Ordinance was duly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the day of , , by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Randi Johl, Secretary Quint & Thimmig LLP 2/25/21 3/18/21 RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA 41000 Main Street Temecula, CA 92589-9033 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code Sections 6103 and 27383 NOTICE OF SPECIAL TAX LIEN TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO.20-01 (HEIRLOOM FARMS) 20009.18:J17416 NOTICE OF SPECIAL TAX LIEN Temecula Public Financing Authority Community Facilities District No. 20-01 (Heirloom Farms) Pursuant to the requirements of Section 3114.5 of the California Streets and Highways Code and Section 53311 et seq. of the California Government Code, the undersigned Secretary of the Temecula Public Financing Authority (the "Authority"), County of Riverside, State of California, hereby gives notice that a lien to secure payment of a special tax which the Board of Directors of the Authority authorized, is hereby imposed. The special tax secured by this lien is authorized to be levied for the purpose of paying principal and interest on bonds, the proceeds of which are being used to finance the costs of certain public improvements, as well as pay for public improvements and certain public services and administrative expenses, all as described on Exhibit A attached hereto and hereby made a part hereof. The special tax is authorized to be levied within the Temecula Public Financing Authority Community Facilities District No. 20-01 (Heirloom Farms) which has now been officially formed and the lien of the special tax is a continuing lien which shall secure each annual levy of the special tax and which shall continue in force and effect until the special tax obligation is permanently satisfied and cancelled in accordance with law or until the special tax ceases to be levied and a notice of cessation of special tax is recorded in accordance with Section 53330.5 of the Government Code. The rate, method of apportionment, and manner of collection of the authorized special tax is as set forth in Exhibit B attached hereto and hereby made a part hereof. Conditions under which the obligation to pay the special tax may be prepaid in part and permanently satisfied in part are as provided in Exhibit B hereto. Notice is further given that upon the recording of this notice in the office of the County Recorder, the obligation to pay the special tax levy shall become a lien upon all nonexempt real property within the Temecula Public Financing Authority Community Facilities District No. 20-01 (Heirloom Farms) in accordance with Section 3115.5 of the California Streets and Highways Code. The name(s) of the owner(s) of the real property included within the area of this community facilities district and the assessor's tax parcel(s) numbers of all parcels or any portion thereof which are included within the area of this community facilities district, in each case which are not exempt from the special tax and as they appear on the latest secured assessment roll as of the date of recording of this or as otherwise known to the Authority, are as set forth in Exhibit C attached hereto and hereby made a part hereof. Reference is made to the boundary map of the community facilities district recorded on March 10, 2021 at 3:21 p.m. in Book 86 of Maps of Assessment and Community Facilities Districts at Page 46 (instrument no. 2021-0154323), in the office of the County Recorder for the County of Riverside, State of California, which map is now the final boundary map of the community facilities district. -2- For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Treasurer of the Temecula Public Financing Authority, Temecula Public Financing Authority, 41000 Main Street, Temecula, CA 92590, telephone number (951) 693-3945. Dated: 2021 am Secretary, Temecula Public Financing Authority -3- EXHIBIT A TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO.20-01 (HEIRLOOM FARMS) DESCRIPTION OF FACILITIES AND SERVICES TO BE FUNDED BY THE DISTRICT It is proposed that the District be eligible to finance all or a portion of the costs of the following facilities: The acquisition and construction of: streets (including paving, aggregate base, striping and traffic marking, sidewalks, curbs, gutters and driveways), including Temecula Center Drive and Ynez Road within and in the vicinity of the District; stormwater drainage systems (including storm drain lines, inlets, outlets, channels, structures, junctions, manholes, catch basins and related dewatering); street light improvements (including light fixtures, substructures, conduits and service points of connection); and street signage (including traffic, stop and street name signs). The foregoing are to include the acquisition of any related right-of-way and other land needed for the installation of any such improvements, demolition of existing structures and site leveling needed for the installation of any such improvements, erosion control, and other appurtenances. • The acquisition and installation of traffic signal improvements, including traffic signal interconnection and video surveillance systems, at the intersection of Ynez Road and Temecula Center Drive. • Landscaping improvements in the public right of way along or in the vicinity of Temecula Center Drive, Date Street and Ynez Road, including related appurtenances. • Capital improvements included in the City of Temecula's adopted Capital Improvement Program for Fiscal Years 2021-2025. • School improvements to be designated by the Temecula Valley Unified School District, which may include construction of buildings, equipping of school facilities, and acquisition of support and other appurtenances with a useful life of five years or more. Sewer system improvements to be designated by the Eastern Municipal Water District. The Facilities include the acquisition of right-of-way, the costs of design, engineering and planning, the costs of any environmental or traffic studies, surveys or other reports, the cost of any required environmental mitigation and any required noise mitigation measures, landscaping and irrigation, soils testing, permits, plan check and inspection fees, insurance, legal and related overhead costs, coordination and supervision and any other costs or appurtenances related to any of the foregoing. MUNICIPAL SERVICES It is proposed that the District be eligible to fund all or a portion of the costs of the following municipal services: • Public safety services, including police and fire protection. A-1 • Maintenance of parks, and landscaping in public areas, public easements and public right of way in or near the area of the District, such maintenance to include but not be limited to maintenance of planting areas, trees, bioretention filters, multipurpose trails, and the furnishing of water for irrigation. • Maintenance of public signage in or near the District. • Maintenance of storm drainage systems within or serving the area of the District, and including storm drain pipes, culverts, detention/desilting basins, manholes, catch basins and drop inlets, cleanout of storm drains and catch basin cleaning and inspection. • Maintenance of sidewalks, streets and roadways within or in the vicinity of the area of the District, and including slurry, overlay, curbs and gutters, curb ramps, striping and street sweeping. • Maintenance of street lighting located within or in the vicinity of the District, and including decorative lighting and pull box assemblies. • Maintenance of traffic signals, and traffic interconnection and video surveillance systems, within and in the vicinity of the District, and including electrical, LED replacement, maintenance and replacement. • Graffiti removal from public improvements within and in the area of the District. The District may fund any of the following related to the services described above: the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the improvements, including repair, removal or replacement of all or part of any of the improvements, the furnishing of water for the irrigation and the furnishing of electric current or energy, for any lights or irrigation facilities, obtaining, constructing, furnishing, operating and maintaining equipment, apparatus or facilities related to providing the services and/or equipment, apparatus, facilities or fixtures in areas to be maintained, obtaining supplies or appurtenant facilities necessary for such maintenance, paying the salaries and benefits of personnel necessary or convenient to provide the services, payment of insurance costs and other related expenses. The District may also provide for the reimbursement to the City of Temecula to the extent that the City of Temecula advances funds to pay for any of the foregoing services, and may fund reserves for repairs and replacements and for future expected costs of services. It is expected that the services will be provided by the City of Temecula, either with its own employees or by contract with third parties, or any combination thereof. The services to be financed by the District shall be in addition to those provided in the territory of the District before the date of creation of the District, and will not supplant services already available within that territory when the District is created. OTHER The District may also finance any of the following: 1. Bond related expenses, including underwriters discount, appraisal and price point study costs, reserve fund, capitalized interest, bond and disclosure counsel fees and expenses, landowner counsel fees and expenses, and all other incidental expenses related to any special tax bonds (the 'Bonds') issued for the District. 2. Administrative fees of the Authority, the City of Temecula and the Bond trustee or fiscal agent related to the District and the Bonds. A-2 3. Reimbursement of costs related to the formation of the District advanced by the Authority, the City of Temecula, any landowner in the District, or any party related to any of the foregoing, as well as reimbursement of any costs advanced by the Authority, the City of Temecula, any landowner in the District or any party related to any of the foregoing, for facilities, fees or other purposes or costs of the District. A-3 EXHIBIT B RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 20-01 (HEIRLOOM FARMS) The following sets forth the Rate and Method of Apportionment of Special Tax for the levy and collection of an Annual Special Tax A, an Annual Special Tax B, and an Annual Special Tax C in the Temecula Public Financing Authority ("PFA") Community Facilities District No. 20-01 ("CFD No. 20-01"). An Annual Special Tax A, an Annual Special Tax B, and an Annual Special Tax C shall be levied on and collected in CFD No. 20-01 each Fiscal Year, in an amount determined through the application of the Rate and Method of Apportionment of Special Tax described below. All of the real property within CFD No. 20-01, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided. SECTION A DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre" or "Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on the Assessor's Parcel Map, the land area as shown on the applicable Final Map, or if the land area is not shown on the applicable Final Map, the land area as calculated by or on behalf of the CFD Administrator. "Act" means the Mello -Roos Community Facilities Act of 1982 as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or reasonably estimated costs directly related to the administration of CFD No. 20-01, including but not limited to the following: (i) the costs of computing Special Tax A, Special Tax B, and/or Special Tax C (the "Special Taxes") and of preparing the annual Special Tax A, Special Tax B, and Special Tax C collection schedules (whether by the CFD Administrator or designee thereof, or both); (ii) the costs of collecting the Special Taxes (whether by the Authority, County, City, or otherwise); (iii) the costs of remitting the Special Taxes to the fiscal agent or trustee for any Bonds; (iv) the costs of commencing and pursuing to completion any foreclosure action arising from delinquent Special Taxes; (v) the costs of the fiscal agent or trustee (including its legal counsel) in the discharge of the duties required of it under any Indenture; (vi) the costs of the Authority, City, or designee of either in complying with arbitrage rebate, mandated reporting and disclosure requirements of applicable federal and State of California laws, and responding to property owner or Bond owner inquiries regarding the Special Taxes or Bonds; (vii) the costs associated with the release of funds from any escrow account established under an Indenture; (viii) the costs of the Authority, City, or designee of either thereof related to any appeal of a Special Tax; (ix) an allocable share of the salaries of the City staff and City overhead expense directly relating to the foregoing and (x) any other expense eligible under the Act. Administrative Expenses shall also include amounts advanced by the City or the Authority for any administrative purposes of CFD No. 20-01. "Annual Special Tax A" means for each Assessor's Parcel, the Special Tax A actually levied in a given Fiscal Year on such Assessor's Parcel. B-1 "Annual Special Tax B" means for each Assessor's Parcel, the Special Tax B actually levied in a given Fiscal Year on such Assessor's Parcel. "Annual Special Tax C" means for each Assessor's Parcel, the Special Tax C actually levied in a given Fiscal Year on such Assessor's Parcel. "Approved Property" means all Assessor's Parcels of Taxable Property other than Provisional Exempt Property: (i) that are included in a Final Map that was recorded prior to the January 1st immediately preceding the Fiscal Year in which the Special Tax A is being levied, and (ii) that have not been issued a Building Permit on or before the April 1st immediately preceding the Fiscal Year in which the Special Tax A is being levied. "Assessor" means the Assessor of the County. "Assessor's Parcel" or "Parcel" means a lot or parcel of land designated on an Assessor's Parcel Map with an assigned Assessor's Parcel Number within the boundaries of CFD No. 20-01. "Assessor's Parcel Map" means an official map of the Assessor designating parcels by Assessor's Parcel Number. "Assessor's Parcel Number" means that number assigned to a lot or parcel of land by the Assessor for purposes of identification. "Assigned Annual Special Tax A" means the Special Tax A as described in Section D below. "Authorized Facilities" means the public facilities authorized to be financed, in whole or in part, by the CFD, as identified in the list of authorized facilities approved by the Resolution of Formation of the CFD adopted by the Board of Directors when the CFD was formed. "Authorized Services" means the services authorized to be funded, in whole or in part, by the CFD, as identified in the list of authorized services approved by the Resolution of Formation of the CFD adopted by the Board of Directors when the CFD was formed. "Backup Annual Special Tax A" means the Special Tax A as described in Section E below. "Board of Directors" means the Board of Directors of the Temecula Public Financing Authority, acting as the legislative body of CFD No. 20-01, or its designee. "Bonds" means any bonds or other indebtedness (as defined in the Act), whether in one or more series, the repayment of which is secured by proceeds of the levy of Special Tax A on Assessor's Parcels within CFD No. 20-01. "Boundary Map" means a recorded map of the CFD No. 20-01 which indicates the boundaries of CFD No. 20-01. "Building Permit" means the first legal document issued by the City giving official permission for new construction of improvements on an Assessor's Parcel in CFD No. 20-01. For purposes of this definition, "Building Permit" may or may not include any subsequent building permits issued or changed after the first issuance, as determined by the CFD Administrator. B-2 "Building Square Footage" or "BSF" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by the CFD Administrator by reference to the building permit application for such Assessor's Parcel. "Calendar Year" means the period commencing January 1 of any year and ending the following December 31. "CFD No. 20-01" or "CFD" means the Temecula Public Financing Authority Community Facilities District No. 20-01 (Heirloom Farms) established by the Authority under the Act. "CFD Administrator" or "Administrator" means the Finance Director of the City, or designee thereof, responsible for, among other things, determining the Special Tax A Requirement for Special Tax A, the Special Tax B Requirement for Special Tax B, and the Special Tax C Requirement for Special Tax C and providing for the levy and collection of said Special Tax A, Special Tax B, and Special Tax C. "City" means the City of Temecula, California. "Consumer Price Index" or "CPI" means, for each Fiscal Year, the Consumer Price Index published by the U.S. Bureau of Labor Statistics for "All Items for All Urban Consumers: in the Riverside -San Bernardino -Ontario area", measured as of the month of December in the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Consumer Price Index for the Riverside -San Bernardino -Ontario area. "County" means the County of Riverside, California. "Developed Property" means all Assessor's Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to January 1st preceding the Fiscal Year in which Special Tax A, Special Tax B or Special Tax C are being levied, and (ii) for which a building permit was issued on or before April 1st preceding the Fiscal Year in which any or all of the Special Taxes are being levied. "Exempt Property" means all Assessor's Parcels designated as being exempt from the Special Taxes as provided for in Section P. "Exempt Welfare Exemption Property" means, for each Fiscal Year, an Assessor's Parcel that is (a) receiving a welfare exemption under subdivision (g) of Section 214 of the California Revenue and Taxation Code (or any successor statute), as indicated in the County's assessor's roll finalized as of January 1 of the previous Fiscal Year, and (b) exempt from the Special Tax pursuant to Section 53340(c) of the Act. Pursuant to Section 53340(c) of the Act, after the issuance of the first series of Bonds, any Assessor's Parcels that receive welfare exemption under subdivision (g) of Section 214 of the California Revenue and Taxation Code (or any successor statute) shall not be classified as Exempt Welfare Exemption Property and will be subject to the Special Tax. "Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates individual lots that do not need, and are not expected, to be further subdivided prior to the issuance of a Building Permit. "Fiscal Year" means the period commencing July 1 of any year and ending the following June 30. B-3 "Indenture" means the bond indenture, fiscal agent agreement, trust agreement, resolution, or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Land Use Type" means Residential Property, Multifamily Residential Property, or Non - Residential Property. "Maximum Special Tax A" means for each Assessor's Parcel of Taxable Property, the maximum Special Tax A, determined in accordance with Section C that can be levied on each such Assessor's Parcel. "Maximum Special Tax B" means for each Assessor's Parcel of Taxable Property, the maximum Special Tax B, determined in accordance with Section I that can be levied on each such Assessor's Parcel. "Maximum Special Tax C" means for each Assessor's Parcel of Taxable Property, the maximum Special Tax C, determined in accordance with Section L that can be levied on each such Assessor's Parcel. "Multifamily Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for the purpose of constructing a building or buildings comprised of attached Units available for rental by the general public, not for sale to an end user, and which attached units are under common ownership, as determined by the CFD Administrator. "Non -Residential Property" means all Assessor's Parcels of Developed Property for which a building permit was issued for any type of use other than Residential Property and Multifamily Residential Property. "Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax A obligation for an Assessor's Parcel, as described in Section H. "Prepayment Amount" means the amount required to prepay the Special Tax A obligation in full for an Assessor's Parcel, as described in Section G. "Proportionately" means for Special Tax A that the ratio of the Annual Special Tax A to the applicable Assigned Annual Special Tax A is equal for all applicable Assessor's Parcels. In the case of Special Tax B and Special Tax C, "Proportionately" means that the ratio of the Annual Special Tax B to the applicable Maximum Special Tax B and the Annual Special Tax C to the applicable Maximum Special Tax C is equal for all applicable Assessor's Parcels. In the case of Developed Property subject to the apportionment of the Annual Special Tax A under Step Four of Section F, "Proportionately" means that the quotient of (a) Annual Special Tax A less the Assigned Annual Special Tax A divided by (b) the Backup Annual Special Tax A less the Assigned Annual Special Tax A, is equal for all applicable Assessor's Parcels. "Provisional Exempt Property" means all Assessor's Parcels of Taxable Property subject to Special Tax A that would otherwise be classified as Exempt Property pursuant to the provisions of Section P, but cannot be classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property within the applicable Zone below the required minimum Acreage set forth in Section P. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units, and which are not otherwise Multifamily Residential Property. B-4 "RMA" means this Rate and Method of Apportionment of Special Tax. "Special Tax(es)" means any of the Special Taxes authorized to be levied on Taxable Property within and for CFD No. 20-01 pursuant to the Act to fund the Special Tax A Requirement, Special Tax B Requirement, and/or the Special Tax C Requirement. "Special Tax A" means any of the Special Taxes authorized to be levied on Taxable Property within and by CFD No. 20-01 pursuant to the Act to fund the Special Tax A Requirement. "Special Tax B" means any of the Special Taxes authorized to be levied on Taxable Property within and by CFD No. 20-01 pursuant to the Act to fund the Special Tax B Requirement. "Special Tax C" means any of the Special Taxes authorized to be levied on Taxable Property within and by CFD No. 20-01 pursuant to the Act to fund the Special Tax C Requirement. "Special Tax A Requirement" means, subject to the Maximum Special Tax A, the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses for such Fiscal Year (apportioned between Special Tax A and Special Tax B), (iii) any amount required to establish or replenish any reserve funds established in association with the Bonds, and (iv) the collection or accumulation of funds for the acquisition or construction of facilities authorized to be funded by CFD No. 20-01, and paid for by the levy on Developed Property of the Assigned Annual Special Tax A provided that the inclusion of such amount does not cause an increase in the levy of Special Tax A on Approved Property or Undeveloped Property as set forth in Step Two and Three of Section F, less (v) any amount available to pay debt service or other periodic costs on the Bonds pursuant to any applicable fiscal agent agreement, or trust agreement. "Special Tax B Requirement" means, subject to the Maximum Special Tax B, that amount to be collected in any Fiscal Year to pay for certain Authorized Services as required to meet the needs of CFD No. 20-01. The costs of services to be covered shall be the direct costs for (i) Authorized Services, and (ii) Administrative Expenses (apportioned between Special tax A and Special Tax B); less (iii) a credit for funds available to reduce the Annual Special Tax B levy, if any, as determined by the CFD Administrator. Under no circumstances shall the Special Tax B Requirement include amounts needed to repay Bonds. "Special Tax C Requirement" means, subject to the Maximum Special Tax C, that amount to be collected in any Fiscal Year to pay for certain Authorized Services as required to meet the needs of CFD No. 20-01. The costs of services to be covered shall be the direct costs for (i) Authorized Services, and (ii) Administrative Expenses; less (iii) a credit for funds available to reduce the Annual Special Tax C levy, if any, as determined by the CFD Administrator. Under no circumstances shall the Special Tax C Requirement include amounts needed to repay Bonds. "Special Tax Category" means any of the individual categories of BSF set forth in Tables 1 through 3 in Section D below. "Taxable Property" means (i) with respect to Special Tax A, all Assessor's Parcels within CFD No. 20-01, which are not Exempt Property or for which the Special Tax A obligation has not been prepaid in full, and (ii) with respect to Special Tax B and Special Tax C, all Assessor's Parcels within CFD No. 20-01, which are not Exempt Property. B-5 "Temecula Public Financing Authority" or "PFA" or "Authority" means the Temecula Public Financing Authority, or its designee. "Transition Event" shall be deemed to have occurred when the Administrator determines that the following events have occurred: (i) all Bonds secured by the levy and collection of Special Tax A in the CFD have been fully repaid, or there are sufficient revenues available to fully repay the Bonds in funds and accounts that, pursuant to the Indenture, will require such revenues to be applied to repay the Bonds; (ii) all Administrative Expenses from prior Fiscal Years have been paid or reimbursed; and (iii) there are no other Authorized Facilities that the Authority or the CFD intends to fund with Bonds and Special Tax A. "Transition Year" means the earlier of: (i) the first Fiscal Year in which the Administrator determines that the Transition Event occurred in the prior Fiscal Year, or (ii) Fiscal Year 2062-63. "Undeveloped Property" means all Assessor's Parcels of Taxable Property which are not Developed Property, Approved Property, or Provisional Exempt Property. "Unit" means any residential dwelling unit excluding dwelling units within Multifamily Residential Property. RMA. "Zone(s)" means Zone 1, Zone 2, or Zone 3 as geographically identified on Attachment A of the "Zone 1" means the specific area identified on Attachment A as Zone 1 of CFD 20-01. "Zone 2" means the specific area identified on Attachment A as Zone 2 of CFD 20-01. "Zone 3" means the specific area identified on Attachment A as Zone 3 of CFD 20-01. SECTION B CLASSIFICATION OF ASSESSOR'S PARCELS Each Fiscal Year, beginning with Fiscal Year 2021-22, each Assessor's Parcel within CFD No. 20-01 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor's Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property, or Provisional Exempt Property. In addition, each Assessor's Parcel of Developed Property, Approved Property, Undeveloped Property and Provisional Exempt Property shall be classified as being within Zone 1, Zone 2, or Zone 3. If an Assessor's Parcel of Developed Property, Approved Property, Undeveloped Property or Provisional Exempt Property is located within more than one Zone, it shall be deemed to be entirely within the Zone in which the largest portion of its Acreage is located. In addition, each Assessor's Parcel of Developed Property shall further be classified as Residential Property, Multifamily Residential Property or Non -Residential Property. Assessor's Parcels of Residential Property shall be further categorized based on the Building Square Footage of each such Assessor's Parcel. i • SECTION C MAXIMUM SPECIAL TAX A 1. Developed Property The Maximum Special Tax A for each Assessor's Parcel of Residential Property, Multifamily Residential Property or Non -Residential Property in any Fiscal Year shall be the greater of (i) the Assigned Annual Special Tax A or (ii) the Backup Annual Special Tax A. 2. Approved Property, Undeveloped Property, and Provisional Exempt Property The Maximum Special Tax A for each Assessor's Parcel classified as Approved Property, Undeveloped Property, or Provisional Exempt Property in any Fiscal Year shall be the Assigned Annual Special Tax A. 3. Increase in the Maximum Special Tax A On each July 1, commencing July 1, 2022, the Maximum Special Tax A shall be increased by an amount equal to one percent (1.0%) of the amount in effect for the previous Fiscal Year. 4. Maximum Special Tax A at Transition Year For the Transition Year and each Fiscal Year thereafter, the Maximum Special Tax A for any Assessor's Parcel of Taxable Property shall be $0.00. SECTION D ASSIGNED ANNUAL SPECIAL TAX A 1. Developed Property Each Fiscal Year prior to the Transition Year, each Assessor's Parcel of Residential Property, Multifamily Residential Property or Non -Residential Property shall be subject to an Assigned Annual Special Tax A. The Assigned Annual Special Tax A applicable to an Assessor's Parcel of Developed Property shall be determined using the tables below. TABLE 1 ASSIGNED ANNUAL SPECIAL TAX A RATES FOR DEVELOPED PROPERTY WITHIN ZONE 1 FISCAL YEAR 2021-22 Land Use Type Building Square Footage Assigned Special Tax A Residential Property Less than 1,801 $2,915 per Unit Residential Property 1,801— 2,000 $3,020 per Unit Residential Property Greater than 2,000 $3,125 per Unit Multifamily Residential Property N/A $49,422 per Acre Non -Residential Property N/A $49,422 per Acre B-7 TABLE 2 ASSIGNED ANNUAL SPECIAL TAX A RATES FOR DEVELOPED PROPERTY WITHIN ZONE 2 FISCAL YEAR 2021-22 Land Use Type Building Square Footage Assigned Special Tax A Residential Property Less than 1,551 $2,110 per Unit Residential Property 1,551— 1,750 $2,310 per Unit Residential Property Greater than 1,750 $2,410 per Unit Multifamily Residential Property N/A $71,940 per Acre Non -Residential Property N/A $71,940 per Acre TABLE 3 ASSIGNED ANNUAL SPECIAL TAX A RATES FOR DEVELOPED PROPERTY WITHIN ZONE 3 FISCAL YEAR 2021-22 Land Use Type Building Square Footage Assigned Special Tax A Residential Property Less than 1,601 $2,275 per Unit Residential Property 1,601 or Greater $2,400 per Unit Multifamily Residential Property N/A $60,689 per Acre Non -Residential Property N/A $60,689 per Acre 2. Approved Property, Undeveloped Property and Provisional Exempt Property Each Fiscal Year, prior to the Transition Year, each Assessor's Parcel of Approved Property, Undeveloped Property, and Provisional Exempt Property shall be subject to an Assigned Annual Special Tax A. In the Transition Year and each Fiscal Year thereafter, no Special Tax A shall be levied on Approved Property, Undeveloped Property, or Provisional Exempt Property. Notwithstanding the forgoing, if there are delinquent Special Tax A taxes on a Parcel, such delinquent Special Tax A taxes will continue to constitute a lien against the Parcel until they are collected. The Assigned Annual Special Tax A rate for an Assessor's Parcel classified as Approved Property, Undeveloped Property, or Provisional Exempt Property shall be determined pursuant to Table 4 below: TABLE 4 ASSIGNED ANNUAL SPECIAL TAX RATES FOR APPROVED PROPERTY, UNDEVELOPED PROPERTY, AND PROVISIONAL EXEMPT PROPERTY FISCAL YEAR 2021-22 Zone Assigned Special Tax A Zone 1 $49,422 per Acre Zone 2 $71,940 per Acre Zone 3 $60,689 per Acre B-8 3. Increase in the Assigned Annual Special Tax A On each July 1, commencing July 1, 2022, the Assigned Annual Special Tax A for any Assessor's Parcel of Taxable Property shall be increased by an amount equal to one percent (1.0%) of the amount in effect for the previous Fiscal Year. 4. Assigned Annual Special Tax A at Transition Year For the Transition Year and each Fiscal Year thereafter, the Assigned Annual Special Tax A for all Taxable Property shall be $0.00. SECTION E BACKUP ANNUAL SPECIAL TAX A At the time a Final Map is recorded, the CFD Administrator shall determine the Backup Annual Special Tax A for all Assessor's Parcels with a Zone classified or reasonably expected to be classified as Residential Property within such Final Map by multiplying the Maximum Special Tax A rate for Undeveloped Property for the applicable Zone by the total Acreage of Taxable Property within the applicable Zone, excluding the Provisional Exempt Property Acreage, Non -Residential Property Acreage, Multifamily Residential Property Acreage and any Acreage reasonably expected to be classified as Exempt Property, and dividing such amount by the total number of such Assessor's Parcels within the applicable Zone which are classified or reasonable expected to be classified as Residential Property. The Backup Annual Special Tax A rate for Multifamily Residential Property or Non -Residential Property shall be its Assigned Annual Special Tax A rate. On each July 1, commencing July 1, 2022, the Backup Annual Special Tax A shall be increased by an amount equal to one percent (1.0%) of the amount in effect for the previous Fiscal Year. Notwithstanding the foregoing, if Assessor's Parcels which are classified or to be classified as Residential Property, Non -Residential Property or Multifamily Property are subsequently changed by recordation of a lot line adjustment, Final Map amendment, new Final Map or similar instrument, then the Backup Annual Special Tax A shall be recalculated within the area that has been changed to equal the amount of Backup Annual Special Tax A that would have been generated if such change did not take place. SECTION F METHOD OF APPORTIONMENT OF THE ANNUAL SPECIAL TAX A Commencing Fiscal Year 2021-22 and for each subsequent Fiscal Year, the Board of Directors shall levy the Annual Special Tax A in accordance with the following steps: Step One: The Annual Special Tax A shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100% of the applicable Assigned Annual Special Tax A rates in Tables 1, 2, and 3 to satisfy the Special Tax A Requirement. :' Step Two: If additional moneys are needed to satisfy the Special Tax A Requirement after the first step has been completed, the Annual Special Tax A shall be levied Proportionately on each Assessor's Parcel of Approved Property at up to 100% of the applicable Maximum Annual Special Tax A to satisfy the Special Tax A Requirement. Step Three: If additional moneys are needed to satisfy the Special Tax A Requirement after the first two steps have been completed, the Annual Special Tax A shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property up to 100% of the Maximum Annual Special Tax A for Undeveloped Property applicable to each such Assessor's Parcel as needed to satisfy the Special Tax A Requirement. Step Four: If additional moneys are needed to satisfy the Special Tax A Requirement after the first three steps have been completed, the Annual Special Tax A on each Assessor's Parcel of Developed Property for which the Maximum Special Tax A is the Backup Annual Special Tax A shall be increased Proportionately from the Assigned Annual Special Tax A up to 100% of the Backup Annual Special Tax A as needed to satisfy the Special Tax A Requirement. Step Five: If additional moneys are needed to satisfy the Special Tax A Requirement after the first four steps have been completed, the Annual Special Tax A shall be levied Proportionately on each Assessor's Parcel of Provisional Exempt Property up to 100% of the Maximum Annual Special Tax A applicable to each such Assessor's Parcel as needed to satisfy the Special Tax A Requirement. Notwithstanding the foregoing, pursuant to Section 53321 (d) of the Act, the Special Tax A levied against an Assessor's Parcel used for private residential purposes shall under no circumstances increase more than ten (10%) as a consequence of delinquency of default by the owner of any other Assessor's Parcel or Assessor's Parcels and shall, in no event, exceed the Maximum Special Tax A in effect for the Fiscal Year in which the Special Tax A is being levied. SECTION G PREPAYMENT OF SPECIAL TAX A The following definitions apply to this Section G: "Business Day" means days Temecula City Hall is open for business. "CFD Public Facilities Amount" means $12,200,000 expressed in 2021 dollars, which shall increase by the Construction Inflation Index on July 1, 2022, and on each July 1 thereafter, or such lower number as (i) shall be determined by the CFD Administrator as sufficient to provide the Authorized Facilities under the authorized bonding program, or (ii) shall be determined by the Board of Directors concurrently with a covenant that the CFD will not issue any more Bonds. "Construction Inflation Index" means the annual percentage change in the Engineering News - Record Building Cost Index for the City of Los Angeles, measured as of the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Engineering News -Record Building Cost Index for the City of Los Angeles. 1 "Future Facilities Costs" means the CFD Public Facilities Amount minus (i) Bond proceeds deposited in an Improvement Fund and (ii) other amounts (proceeds of the levy of Special Tax A, interest earnings, etc.) held in an Improvement Fund that were available to fund such CFD Public Facilities Amount prior to the date of prepayment. "Improvement Fund" means any fund or account established under an Indenture to hold funds which were or continue to be available for expenditure to pay costs of Authorized Facilities and any fund or account established prior to the issuance of Bonds for such purpose. "Outstanding Bonds" means the principal amount of all previously issued Bonds which will remain outstanding after the payment from the amount of any Special Tax A that has therefore been levied, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Special Tax A. Prepayment in Full The Special Tax A obligation may be prepaid and permanently satisfied for (i) Assessor's Parcels of Developed Property, (ii) Assessor's Parcels of Approved Property or Undeveloped Property for which a Building Permit has been issued, (iii) Approved or Undeveloped Property for which a Building Permit has not been issued, and (iv) Assessor's Parcels of Provisional Exempt Property that are not Exempt Property pursuant to Section P. The Special Tax A obligation applicable to an Assessor's Parcel may be fully prepaid and the obligation to pay the Special Tax A for such Assessor's Parcel permanently satisfied as described herein; provided that a prepayment may be made only if there is no delinquent Special Tax A previously levied on the Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax A obligation for such Assessor's Parcel shall provide the CFD Administrator with written notice of intent to prepay, and within 5 Business Days of receipt of such notice, the CFD Administrator shall notify such owner of the amount of the non-refundable deposit determined by the CFD Administrator to cover the cost to be incurred for the CFD in calculating the Prepayment Amount (as defined below) for the Assessor's Parcel. Within 15 Business Days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the Prepayment Amount for the Assessor's Parcel. Prepayment must be made not less than 60 days prior to the redemption date for any Outstanding Bonds to be redeemed with the proceeds of such prepaid Special Taxes. The Prepayment Amount (defined below) shall be calculated as follows (capitalized terms are defined below): Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount plus Defeasance Amount plus Administrative Fees and Expenses less Reserve Fund Credit Equals: Prepayment Amount The Prepayment Amount shall be determined as of the proposed prepayment date as follows: 1. Confirm that no Special Tax A delinquencies apply to such Assessor's Parcel. 2. For Developed Property, compute the Maximum Special Tax A for the Assessor's B-11 Parcel. For Approved Property or Undeveloped Property for which a Building Permit has been issued, compute the Maximum Special Tax A for the Assessor's Parcel as though it was already designated as Developed Property, based upon the Building Permit which has been issued for the Assessor's Parcel. For Approved Property or Undeveloped Property for which a Building Permit has not been issued or Provisional Exempt Property, compute the Maximum Special Tax A for the Assessor's Parcel. 3. Divide the Maximum Special Tax A derived pursuant to paragraph 2 by the total amount of Special Tax A that could be levied on all Taxable Property based on the applicable Maximum Special Tax A, including for Approved Property or Undeveloped Property for which a Building Permit has been issued, the Maximum Special Tax A for the Assessor's Parcel as though it was already designated as Developed Property. The calculation of the total amount of Special Tax A shall exclude Assessor's Parcels for which the Special Tax A obligation has been previously prepaid in full or the portion thereof that has been previously prepaid in part. 4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the Prepayment Amount (the "Bond Redemption Amount") 5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the "Redemption Premium"). 6. Determine the Future Facilities Costs. 7. Multiplythe quotient derived pursuant to paragraph 3 bythe amount determined pursuant to paragraph 6 to determine the amount of Future Facilities Costs for the Assessor's Parcel (the "Future Facilities Amount"). 8. Determine the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds on which Bonds can be redeemed from Special Tax prepayments. 9. Determine the Special Tax A levied on the Assessor's Parcel in the current Fiscal Year which have not yet been paid. 10. Determine the amount the CFD Administrator reasonably expects to derive from the investment of the Bond Redemption Amount and the Redemption Premium from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the Prepayment Amount. 11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived pursuant to paragraph 10 (the "Defeasance Amount"). 12. Verify the administrative fees and expenses of the CFD, including the cost of B-12 computation of the Prepayment Amount not funded from the deposit, the cost to invest the Prepayment Amount, the cost of redeeming the Outstanding Bonds, and the cost of recording notices to evidence the prepayment of the Special Tax A obligation for the Assessor's Parcel and the redemption of Outstanding Bonds (the "Administrative Fees and Expenses"). 13. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. 14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Amount and the Administrative Fees and Expenses, less the Reserve Fund Credit. 15. From the Prepayment Amount, the Bond Redemption Amount, the Redemption Premium, and Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Bonds or make debt service payments. The Future Facilities Amount shall be deposited into the Improvement Fund. The Administrative Fees and Expenses shall be retained by the CFD to be used for payment thereof. The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such event, the increment above $5,000 or an integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next redemption from other Special Tax A prepayments of Outstanding Bonds or to make debt service payments. As a result of the payment of the current Fiscal Year's Special Tax A levy as determined pursuant to paragraph 9 above, if applicable, the CFD Administrator shall remove the current Fiscal Year's Special Tax A levy for the Assessor's Parcel from the County tax roll. With respect to any Assessor's Parcel for which the Special Tax A obligation is prepaid, the Board shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Tax A obligation and the release of the lien securing the payment of Special Tax A for the Assessor's Parcel, and the obligation to pay the Special Tax A for such Assessor's Parcel shall cease. Notwithstanding the foregoing, no Special Tax A prepayment shall be allowed unless the amount of Maximum Special Tax A that may be levied on all Assessor's Parcels of Taxable Property, excluding all Provisional Exempt Property and all Assessor's Parcels with delinquent Special Taxes, after the proposed prepayment will be at least 1.1 times maximum annual debt service on the Bonds that will remain outstanding after the prepayment plus the estimated annual Administrative Expenses, all as determined by the CFD Administrator. Tenders of Bonds in prepayment of the Maximum Special Tax A obligation may be accepted upon the terms and conditions established by the Board pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case -by -case basis as specifically approved by the Board. B-13 SECTION H PARTIAL PREPAYMENT OF SPECIAL TAX A The Special Tax A obligation for an Assessor's Parcel of Developed Property, Approved Property or Undeveloped Property may be partially prepaid. For purposes of determining the partial prepayment amount, the provisions of Section G shall be modified as provided by the following formula: PP = ((PE —A) x F) +A These terms have the following meaning: PP = Partial Prepayment PE = the Prepayment Amount calculated according to Section G F = the percent by which the owner of the Assessor's Parcel(s) is partially prepaying the Maximum Special Tax A obligation A = the Administrative Fees and Expenses determined pursuant to Section G The owner of an Assessor's Parcel who desires to partially prepay the Special Tax A obligation for the Assessor's Parcel shall notify the CFD Administrator of (i) such owner's intent to partially prepay the Maximum Special Tax A obligation, and (ii) the percentage of the Maximum Special Tax A obligation such owner wishes to prepay. Within 5 Business Days of receipt of such notice, the CFD Administrator shall notify such property owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the amount of a partial prepayment. Within 15 Business Days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the amount of the Partial Prepayment for the Assessor's Parcel. A Partial Prepayment must be made not less than 60 days prior to the redemption date for any Outstanding Bonds to be redeemed with the proceeds of the Partial Prepayment. With respect to any Assessor's Parcel for which the Maximum Special Tax A obligation is partially prepaid, the CFD Administrator shall (i) distribute the Partial Prepayment as provided in Paragraph 15 of Section G and (ii) indicate in the records of the CFD that there has been a Partial Prepayment for the Assessor's Parcel and that a portion of the Special Tax A obligation equal to the remaining percentage (1.00 - F) of Special Tax A obligation will continue to be levied on the Assessor's Parcel pursuant to Section F. SECTION I MAXIMUM SPECIAL TAX B Developed Property Maximum Special Tax B Each Fiscal Year, each Assessor's Parcel of Residential Property, Multifamily Residential Property, or Non -Residential Property shall be subject to a Maximum Annual Special Tax B. The Maximum Annual Special Tax B applicable to an Assessor's Parcel of Developed Property shall be determined using the Table below. B-14 TABLE 5 MAXIMUM SPECIAL TAX B RATES FOR DEVELOPED PROPERTY FISCAL YEAR 2021-22 Land Use Type Maximum Special Tax B Residential Property $459 per Unit Multifamily Residential Property $10,644 per Acre Non -Residential Property $10,644 per Acre 2. Approved Property, Undeveloped Property and Provisional Exempt Property No Special Tax B shall be levied on Approved Property, Undeveloped Property, and Provisional Exempt Property. 3. Increase in the Maximum Special Tax B On each July 1, commencing July 1, 2022, the Maximum Special Tax B shall be increased by an amount equal to five and six -tenths percent (5.6%) of the amount in effect for the previous Fiscal Year. 4. Maximum Special Tax B at Transition Year For the Transition Year and each Fiscal Year thereafter, the Maximum Special Tax B for any Assessor's Parcel of Developed Property shall be $0.00. SECTION J METHOD OF APPORTIONMENT OF THE SPECIAL TAX B Commencing with Fiscal Year 2021-22 and for each following Fiscal Year, the Authority shall levy the Special Tax B at up to 100% of the applicable Maximum Special Tax B, Proportionately on each Assessor's Parcel of Developed Property until the amount of Special Tax B equals the Special Tax B Requirement. Notwithstanding the foregoing, pursuant to Section 53321 (d) of the Act, the Special Tax B levied against an Assessor's Parcel used for private residential purposes shall under no circumstances increase more than ten (10%) as a consequence of delinquency of default by the owner of any other Assessor's Parcel or Assessor's Parcels and shall, in no event, exceed the Maximum Special Tax B in effect for the Fiscal Year in which the Special Tax B is being levied. SECTION K PREPAYMENT OF SPECIAL TAX B No prepayments of Special Tax B are permitted. B-15 SECTION L MAXIMUM SPECIAL TAX C 1. Developed Property Maximum Special Tax C For the Transition Year and each Fiscal Year thereafter, each Assessor's Parcel of Residential Property, Multifamily Residential Property, or Non -Residential Property shall be subject to a Maximum Special Tax C. The Maximum Special Tax C applicable to an Assessor's Parcel of Developed Property shall be determined using the table below. TABLE 6 MAXIMUM SPECIAL TAX C RATES FOR DEVELOPED PROPERTY FISCAL YEAR 2021-22 Land Use Type Maximum Special Tax C Residential Property $975 per Unit Multifamily Residential Property $22,609 per Acre Non -Residential Property $22,609 per Acre 2. Approved Property, Undeveloped Property and Provisional Exempt Property No Special Tax C shall be levied on Approved Property, Undeveloped Property, and Provisional Exempt Property. 3. Increase in the Maximum Special Tax C On each July 1, commencing July 1, 2022, the Maximum Special Tax C shall be increased by an amount equal to five and six -tenths percent (5.6%) of the amount in effect for the previous Fiscal Year. For each Fiscal Year following the Transition Year, the Maximum Special Tax C shall increase on each subsequent July 1, by an amount equal to the greater of three percent (3.0%) or the positive percentage change in CPI, over the amount in effect for the previous Fiscal Year, all as determined by the CFD Administrator without additional action by the Board of Directors. BMW SECTION M METHOD OF APPORTIONMENT OF THE SPECIAL TAX C For the Transition Year and each Fiscal Year thereafter, the Authority shall levy the Special Tax C at up to 100% of the applicable Maximum Special Tax C, Proportionately on each Assessor's Parcel of Developed Property until the amount of Special Tax C equals the Special Tax C Requirement. Notwithstanding the foregoing, pursuant to Section 53321 (d) of the Act, the Special Tax C levied against an Assessor's Parcel used for private residential purposes shall under no circumstances increase more than ten (10%) as a consequence of delinquency of default by the owner of any other Assessor's Parcel or Assessor's Parcels and shall, in no event, exceed the Maximum Special Tax C in effect for the Fiscal Year in which the Special Tax C is being levied. SECTION N PREPAYMENT OF SPECIAL TAX C No prepayments of Special Tax C are permitted. SECTION O TERM OF THE SPECIAL TAX A, SPECIAL TAX B, AND SPECIAL TAX C For each Fiscal Year that any Bonds are outstanding the Special Tax A shall be levied on all Assessor's Parcels subject to the Special Tax A. If any delinquent Annual Special Tax A amounts remain uncollected prior to or after the Transition Year, the Special Tax A may be levied to the extent necessary to reimburse CFD 20-01 for uncollected Annual Special Tax A amounts associated with the levy of such Special Tax A amounts, but not later than the 2061-62 Fiscal Year. Prior to the Transition Year, Special Tax B shall be levied as long as the Authorized Services are being provided. Special Tax B shall not be levied during or after the Transition Year. For the Transition Year and each Fiscal Year thereafter, Special Tax C shall be levied in perpetuity as long as the Authorized Services are being provided. SECTION P EXEMPT PROPERTY The CFD Administrator shall classify as Exempt Property within the applicable Zone, (i) Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor's Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by or which make use as a dwelling unit, or otherwise, infeasible by a homeowners' association, (iv) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor's Parcels which are privately owned and are encumbered by or restricted solely for public uses, or (vi) other types of public uses determined by the CFD Administrator. The CFD Administrator shall classify such Assessor's Parcels as Exempt Property in the chronological order in which property becomes Exempt. B-17 Notwithstanding the foregoing, the CFD Administrator for purposes of levying the Special Tax shall not, except for any Assessor's Parcel on which the Special Tax cannot be levied pursuant to the Mello - Roos Act, classify an Assessor's Parcel as Exempt Property if such classification would reduce the sum of all Taxable Property within the applicable Zone to less than the Acreage amounts listed in Table 6 below. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property within the applicable Zone to less than the Acreage amounts listed in Table 6 will be classified as Provisional Exempt Property, and will be subject to the levy of Special Tax pursuant to Step Five in Section F. No Special Tax shall be levied on any Assessor's Parcel in any Fiscal Year in which such Assessor's Parcel is classified as Exempt Welfare Exemption Property. TABLE 6 MINIMUM TAXABLE ACRES Zone Acres Zone 1 6.78 Zone 2 4.75 Zone 3 2.31 SECTION Q APPEALS AND INTERPRETATIONS Any property owner claiming that the amount or application of the Annual Special Tax A, Annual Special Tax B, or Annual Special Tax C is not correct may file a written notice of appeal with the CFD Administrator not later than twelve months after having paid the first installment of the Annual Special Tax A, Annual Special Tax B, or Annual Special Tax C that is disputed. The CFD Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Annual Special Tax A, Annual Special Tax B, or Annual Special Tax C in dispute and rule on the appeal. If the CFD Administrator's decision requires that the Annual Special Tax A, Annual Special Tax B, or Annual Special Tax C for an Assessor's Parcel be modified or changed in favor of the property owner, a cash refund shall not be made (except for the last year of levy in the case of the Annual Special Tax A), but an adjustment shall be made to the Annual Special Tax A, Annual Special Tax B, or Annual Special Tax C on that Assessor's Parcel in the subsequent Fiscal Year(s). The Board of Directors may interpret this Rate and Method of Apportionment of Special Tax for purposes of clarifying any ambiguity or to correct or supplement any defective or inconsistent provision hereof. SECTION R MANNER OF COLLECTION The Annual Special Tax A, Annual Special Tax B, and Annual Special Tax C shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD 20-01 may collect the Annual Special Tax A, Annual Special Tax B, and Annual Special Tax C at a different time or in a different manner if necessary to meet its financial obligations. ATTACHMENT A 'i9'437 95.41' L. 2'82'1i" F+-109o' L-73A' 'MvoY xaJE' 4� rl--iae.00 8-iL•io42• L-33.23 FFL4rA7' tr15'17'-02' L-5192' Zone 1: Tentative Tract Map No. 37509, Lots 1-111, Lots A (portion), U-X, Y (portion), Z and AC. Zone 2: Tentative Tract Map No. 37509, Lots 121-142, Lots H (portion), J-S, T (portion), and Y (portion). Zone 3: Tentative Tract Map No. 37509, Lots 112-120, Lots A (portion), B-G, H (portion), I, T (portion), Y (portion), AA and AB. • EXHIBIT C TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 20-01 (HEIRLOOM FARMS) ASSESSOR'S PARCEL NUMBERS AND OWNER OF LAND WITHIN THE DISTRICT County Assessor's Parcel Numbers 916400034, 916400035, 916400036, 916400039 and 916400060 Owner of Record of Parcels Meritage Homes of California, Inc. 5 Peters Canyon Road, Suite 310 Irvine, CA 92606 C-1 Item No. 15 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Director of Community Development DATE: April 13, 2021 SUBJECT: Approve Proposed Ordinance to Update the Local Development Mitigation Fee for Funding the Preservation of Natural Ecosystems in Accordance with the Western Riverside County Multiple Species Habitat Conservation Plan ("MSHCP") and Local Development Mitigation Fee Resolution (Long Range Project No. LR21-0392) PREPARED BY: Theresa Harris, Senior Management Analyst RECOMMENDATION: That the City Council: 1. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 2021- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 15.10, MULTIPLE SPECIES HABITAT CONSERVATION MITIGATION FEE, OF THE TEMECULA MUNICIPAL CODE PERTAINING TO THE LOCAL DEVELOPMENT MITIGATION FEE FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN 2. Adopt a resolution entitled: RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN LOCAL DEVELOPMENT MITIGATION FEE PURSUANT TO CHAPTER 15.10 OF THE TEMECULA MUNICIPAL CODE SUMMARY OF ORDINANCE: The proposed Ordinance will amend Chapter 15.08, Multiple Species Habitat Conservation Mitigation Fee, to update its provisions to incorporate the findings of the 2020 Nexus Study pertaining to Multiple Species Habitat Conservation Plan Fee. The proposed Ordinance will govern the application, establishment, and implementation of the Fee in order to implement the provisions of the Western Riverside County Multiple Species Habitat Conservation Plan. BACKGROUND: The City of Temecula is a member jurisdiction of the Western Riverside County Regional Conservation Authority (RCA), a joint powers agency comprised of the County of Riverside and the eighteen (18) cities located in Western Riverside County. The RCA was formed to acquire, administer, operate, and maintain land and facilities to establish habitat reserves for the conservation and protection of species covered by the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP or Plan). The Western Riverside County MSHCP, originally adopted in 2004, is a comprehensive, multi - jurisdictional Habitat Conservation Plan (HCP) focusing on the permanent conservation of 500,000 acres and the protection of 146 species, including 33 that are currently listed as threatened or endangered. The MSHCP was developed in response to the need for future growth opportunities in western Riverside County, from housing developments to transportation and infrastructure, while addressing the requirements of the State and Federal Endangered Species Acts (ESA). The MSHCP serves as an HCP pursuant to Section I0(a)(1)(B) of the Federal Endangered Species Act of 1973 as well as a Natural Communities Conservation Plan (NCCP) under California's NCCP Act of 2001. The MSHCP streamlines environmental permitting processes by allowing the participating jurisdictions such as City of Temecula to authorize "take" of plant and wildlife species identified within the Plan Area. Without the MSHCP, each development and transportation project would need to conduct an individual assessment and mitigation for impacts to endangered species, an approach that would be less efficient and effective, and more costly. The City of Temecula's receipt of local Measure A sales tax funds for local streets and roads is conditioned upon the City of Temecula's participation in the MSHCP. This condition of funding is memorialized in the voter -adopted ordinance that authorizes Measure A. In the previous fiscal year City of Temecula received $3,374,987 in Measure A funding for local transportation projects. The MSHCP required a Nexus Study under the Mitigation Fee Act (Gov. Code §§ 66000 et seq.) to establish a Local Development Mitigation Fee (LDMF) that would then be adopted by each jurisdiction participating in the MSHCP. The LDMF pays for acquisition of Additional Reserve Lands (ARL) to meet the target conservation acreage that local governments are responsible to acquire per the Plan. The original Nexus Study was completed in 2003 coinciding with the adoption of the MSHCP, Implementing Agreement, and signing of the Permits. Section 8.5.1 of the MSHCP allows the fee to be reevaluated and revised should it be found to insufficiently cover mitigation of new development. Based on the 2003 Nexus Study, the City of Temecula adopted and implemented an ordinance authorizing the imposition of the LDMF. Pursuant to the Mitigation Fee Act, RCA prepared a new nexus study ("2020 Nexus Study") to update the fees for the first time since original adoption. On December 7, 2020, the RCA Board of Directors adopted the 2020 Nexus Study. On December 31, 2020 RCA transmitted a model ordinance and model resolution to City of Temecula. The RCA Board of Directors also approved the use of the MSHCP Mitigation Fee Implementation Manual to assist Member Agencies with LDMF collection questions. An updated Nexus Study was needed to ensure adequate funding to complete reserve acquisition to fulfill local governments' responsibilities under the MSHCP. Over the last 16 years, many of the assumptions underlying the original Nexus Study were not borne out by reality. Forces contributing to the unmet expectation include the Great Recession, less acreage dedicated to RCA by private landowners, and less state and federal funding than expected. The 2020 Nexus Study calculated the expected costs to complete ARL acquisition, manage the conservation lands in perpetuity via an endowment, and administration of the MSHCP. The Nexus Study extended the reserve acquisition period by an additional fifteen years. Currently, the acquisition period ends in 2029. By extending the acquisition period, the LDMF increase is lower because it covers more development over a longer period. The RCA Board also adopted a phased increase of the new fee, with 50 percent of the fee increase taking effect on July 1, 2021 and the remainder of the increase taking effect on January 1, 2022. Public deliberation over the 2020 Nexus Study stretched over a year in multiple public meetings. In addition to the Local Development Mitigation Fee schedule the recommended Council action includes adoption of an Administrative Fee to reimburse the City for the costs of collecting and remitting the fees from project proponents. The Administrative Fee shall be fifteen dollars and forty-five cents ($15.45) for each payment of the Local Development Mitigation Fee. The Administrative Fee shall be increased annually for inflation on July 1' of each year, beginning July 1, 2022, by the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U): Riverside -San Bernardino -Ontario. The Administrative Fee is based on the estimated time City Staff will spend collecting, processing and remitting the payment of LDMF and is not greater than the reasonable costs to the City of collecting, processing, and remitting the fees from project proponents. FISCAL IMPACT: The $15.45 administrative fee is estimated to result in revenue to the General Fund of approximately $4,800 per year. ATTACHMENTS: 1. Ordinance 2. Resolution 3. MSHCP Final Report Nexus Fee Study Update 4. MSHCP Mitigation Fee Implementation Manual 5. RCA's MSHCP LMDF FAQs 6. RCA's MSHCP Nexus Study Background Factsheet 7. Notice of Public Hearing ORDINANCE NO.2021- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 15.10, MULTIPLE SPECIES HABITAT CONSERVATION MITIGATION FEE, OF THE TEMECULA MUNICIPAL CODE PERTAINING TO THE LOCAL DEVELOPMENT MITIGATION FEE FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 15.10, Multiple Species Habitat Conservation Mitigation Fee, is hereby amended to read as follows: CHAPTER 15.10 MULTIPLE SPECIES HABITAT CONSERVATION MITIGATION FEE 15.10.020 Findings. In adopting this chapter, the city council finds and determines that: A. The ecosystems of the City and western Riverside County, and the vegetation communities and sensitive species they support are fragile, irreplaceable resources that are vital to the general welfare of all residents. B. These vegetation communities and natural areas contain habitat value which contributes to the City's and the region's environmental resources. C. Special protections for these vegetation communities and natural areas are being established to prevent future endangerment of the plant and animal species that are dependent upon them. D. Adoption and implementation of this Chapter will help to enable the City to achieve the conservation goals set forth in the Western Riverside County Multiple Species Habitat Conservation Plan ("MSHCP"), adopted by the City Council on December 16, 2003, to implement the associated Implementing Agreement, executed by the City Council on December 16, 2003, and to preserve the ability of affected property owners to make reasonable use of their land consistent with the requirements of the National Environmental Policy Act ("NEPA"), the California Environmental Quality Act ("CEQA"), the Federal Endangered Species Act ("FESA"), the California Endangered Species Act ("CESA"), the California Natural Community Conservation Planning Act ("NCCP Act"), and other applicable laws. E. The purpose and intent of this Chapter is to update its Local Development Mitigation Fee to assist in the maintenance of biological diversity and the natural ecosystem processes that support this diversity; the protection of vegetation communities and natural areas within the City and western Riverside County which are known to support threatened, endangered, or key sensitive populations of plant and wildlife species; the maintenance of economic development within the City by providing a streamlined regulatory process from which development can proceed in an orderly process; and the protection of the existing character of the City and the region through the implementation of a system of reserves which will provide for permanent open space, community edges, and habitat conservation for species covered by the MSHCP. F. The Western Riverside County Regional Conservation Authority ("RCA") has prepared an updated nexus study entitled "WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN NEXUS FEE STUDY UPDATE" (2020 Nexus Study") pursuant to California Government code sections 66000 et seq. for the purpose of updating the Local Development Mitigation Fee ("LDMF"). On December 7, 2020, the RCA Board of Directors reviewed the 2020 Nexus Study and directed RCA Permittees to adopt this updated MSHCP fee Chapter. G. The findings set forth herein are based on the MSHCP and the 2020 Nexus Study, and the estimated implementation costs of the MSHCP as set forth in the 2020 Nexus Study, a copy of which is on file in the City Clerk's office; H. Pursuant to Article 11, Section 7 of the California Constitution, the City is authorized to enact measures that protect the health, safety, and welfare of its citizens; I. Pursuant to Government Code sections 66000 et seq., the City is empowered to impose fees and other exactions to provide necessary funding and public facilities required to mitigate the negative effect of new development projects; J. On December 16, 2003 the City Council took action on the MSHCP and the associated Implementing Agreement and adopted the original LDMF, and made appropriate findings pursuant to CEQA; K. The levying of LDMF has been reviewed by the City Council and staff in accordance with the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines and it has been determined that the adoption of this Chapter is exempt from CEQA pursuant to Section 21080(b)(8) of the California Public Resources Code and Sections 15273 and 15378(b)(4) of the State CEQA Guidelines; and L. Pursuant to Government Code sections 66016, 66017, and 66018, the City has: (a) made available to the public, at least ten (10) days prior to its public hearing, data indicating the estimated cost required to provide the facilities and infrastructure for which these development fees are levied and the revenue sources anticipated to provide those facilities and infrastructure; (b) mailed notice at least fourteen (14) days prior to this meeting to all interested parties that have requested notice of new or increased development fees; and (c) held a duly noticed, regularly N scheduled public hearing on April 13, 2021 at which public comments were received regarding the proposed fee. M. The preservation of vegetation communities and natural areas within the City and western Riverside County which support species covered by the MSHCP is necessary to protect and promote the health, safety, and welfare of all the citizens of the City by reducing the adverse direct, indirect, and cumulative effects of urbanization and development and providing for permanent conservation of habitat for species covered by the MSHCP. N. It is necessary to update certain development impact fees to ensure that all new development within the City pays its fair share of the costs of acquiring and preserving vegetation communities and natural areas within the City and the region which are known to support plant and wildlife species covered by the MSHCP. O. A proper funding source to pay the costs associated with mitigating the direct, indirect, and cumulative impacts of development to the natural ecosystems within the City and the region, as identified in the MSHCP, is a development impact fee for residential, commercial, and industrial development. The amount of the fee is determined by the nature and extent of the impacts from the development to the identified natural ecosystems and or the relative cost of mitigating such impacts. P. The MSHCP and the 2020 Nexus Study provide a basis for the imposition of development impact fees on new construction. Q. The use of the development impact fees to mitigate the impacts to the City's and the region's natural ecosystems is reasonably related to the type and extent of impacts caused by development within the City. R. The costs of funding the proper mitigation of natural ecosystems and biological resources impacted by development within the City and the region are apportioned relative to the type and extent of impacts caused by the development. S. The facts and evidence provided to the City establish that there is a reasonable relationship between the need for preserving the natural ecosystems in the City and the region, as defined in the MSHCP, and the direct, indirect, and cumulative impacts to such natural ecosystems and biological resources created by the types of development on which the fee will be imposed, and that there is a reasonable relationship between the fee's use and the types of development for which the fee is charged. This reasonable relationship is described in more detail in the MSHCP and the 2020 Nexus Study. T. The cost estimates for mitigating the impact of development on the City's and the region's natural ecosystem and biological resources, as set forth in the MSHCP, are reasonable and will not exceed the reasonably estimated total of these costs. U. The fee set forth herein does not reflect the entire cost of the lands which need to be acquired in order to implement the MSHCP and mitigate the impact caused by new development. Additional revenues will be required from other sources. The City Council finds that the benefit to each development project is greater than the amount of the fee to be paid by the project. V. The fees collected pursuant to this Chapter shall be used to finance the acquisition and perpetual conservation of the natural ecosystems and certain improvements necessary to implement the goals and objectives of the MSHCP. 15.10.030 Administrative Responsibility. The RCA is hereby reaffirmed as the Administrator of this Chapter. The RCA is hereby authorized to receive all fees generated from the Local Development Mitigation Fee within the City, and to invest, account for, and expend such fees in accordance with the provisions of the MSHCP, MSHCP Implementing Chapter, this Chapter, and the MSHCP Mitigation Fee Implementation Manual. The detailed administrative procedures concerning the implementation of this Chapter shall be contained in the MSHCP Mitigation Fee Implementation Manual adopted December 7, 2020 and as may be amended from time to time. The RCA Board of Directors may adopt a policy that will allow the City to authorize the RCA to calculate the fees due and collect those amounts directly from property owners. If such a policy is adopted, it will be included in the MSHCP Mitigation Fee Implementation Manual. 15.10.040 Definitions. As used in this Chapter, the following terms shall have the following meanings: "Accessory Dwelling Unit" means an accessory dwelling unit as defined by California Government Code section 65852.20)(1), or as defined in any successor statute. "City" means the City of Temecula, California. "City Council" means the City Council of the City of Temecula, California. "Credit" means a credit allowed pursuant to 15.10.110 of this Chapter, which may be applied against the development impact fee paid. "Development" means a human -created change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filing, grading, paving, excavating, and drilling. "Development Project" or "Project" means any project undertaken for the purpose of development pursuant to the issuance of a building permit by the City pursuant to all applicable Chapters, regulations, and rules of the City and state law. "Junior Accessory Dwelling Unit" means a junior accessory dwelling unit as defined by California Government Code section 65852.22(h)(1), or as defined in any successor statute. "Local Development Mitigation Fee" or "Fee" means the development impact fee imposed pursuant to the provisions of this Chapter. "Multiple Species Habitat Conservation Plan" or "MSHCP" means the Western Riverside County Multiple Species Habitat Conservation Plan, adopted by the City Council on December 16, 2003. "MSHCP Conservation Area" has the same meaning and intent as such term is defined and utilized in the MSHCP. "Project Area" means the area, measured in acres, within the Development Project including, without limitation, any areas to be developed as a condition of the Development Project. Except as otherwise provided herein, the Project Area is the area upon which the project will be assessed the Local Development Mitigation Fee. See the MSHCP Mitigation Fee Implementation Manual for additional guidance for calculating the Project Area. "Revenue" or "Revenues" means any funds received by the City pursuant to the provisions of this Chapter for the purpose of defraying all or a portion of the cost of acquiring and preserving vegetation communities and natural areas within the City and the region which are known to support threatened, endangered, or key sensitive populations of plant and wildlife species. "Western Riverside County Regional Conservation Authority" or "RCA" means the governing body established pursuant to the MSHCP that is delegated the authority to oversee and implement the provisions of the MSHCP. Any capitalized term not otherwise defined herein shall carry the same meaning and definition as that term is used and defined in the MSHCP. 15.10.050 Local Development Mitigation and Local Infrastructure Fee. A. Adoption of Local Development Mitigation Fee Schedule. The City Council shall adopt an applicable Local Development Mitigation Fee schedule provided by the RCA through a separate resolution, which may be amended from time to time. B. Public Projects. The City is required to mitigate the impacts of Public Projects pursuant to the MSHCP and the MSHCP Implementing Agreement. The definition of Public Project and the method for mitigating Public Projects will be set forth in the MSHCP Mitigation Fee Implementation Manual. C. Periodic Fee Adjustment. The Local Development Mitigation Fee schedule set forth in the fee resolution referenced above may be periodically reviewed and the amounts adjusted as set forth in the MSHCP Mitigation Fee Implementation Manual. D. Automatic Annual Fee Adjustment. In addition to the Periodic Fee Adjustment mentioned above, the RCA shall provide the City with an automatic annual fee adjustment for the Local Development Mitigation Fee established by this Chapter as set forth in the MSHCP Mitigation Fee Implementation Manual. 15.10.060 Imposition of The Local Development Mitigation Fee. A. The Local Development Mitigation Fee will be paid no later than at the issuance of a building permit. Notwithstanding any other provision of the City's Municipal Code, no building permit shall be issued for any Development Project unless the Local Development Mitigation Fee applicable to such Development Project has been paid. The amount of the Fee shall be calculated in accordance with the MSHCP Mitigation Fee Implementation Manual. B. In lieu of the payment of the Local Development Mitigation Fee as provided above, the Fee for a Development may be paid through a Community Facilities District, provided that such arrangement is approved by the RCA in writing. 15.10.070 Payment of Local Development Mitigation Fee. A. The Local Development Mitigation Fee shall be paid in full in accordance with applicable law. B. The Local Development Mitigation Fee required to be paid under this Chapter shall be the fee in effect at the time the permit is issued for which the Local Development Mitigation Fee is assessed; provided, however, that Housing Development Projects as defined by California Government Code section 65589.5(h)(2) may be entitled to pay the fee in effect at the time of the preliminary application was submitted. C. Notwithstanding anything in the City's Municipal Code, or any other written documentation to the contrary, the Local Development Mitigation Fee shall be paid whether or not the Development Project is subject to conditions of approval by the City imposing the requirement to pay the fee. D. If all or part of the Development Project is sold prior to payment of the Local Development Mitigation Fee, the Project shall continue to be subject to the requirement to pay the fee as provided herein. E. The fee title owner(s) of the Property is responsible for the payment of the Local Development Mitigation Fee. 15.10.080 Refunds. Under certain circumstances, such as double payment, expiration of a building permit, or fee miscalculation due to clerical error, an applicant may be entitled to a refund. Refunds will be reimbursed by the end of the fiscal year on a first come, first served basis, depending upon the net revenue stream. Refunds will only be considered reimbursable if requested within 3 years of the original LDMF payment. In all cases, the applicant must promptly submit a refund request with proof of LDMF payment to the RCA if RCA collected the LDMF, or if collected by a local jurisdiction, the refund request shall be submitted to that local jurisdiction, which will subsequently forward the request to RCA for verification, review, and possible action. A. Expiration of Building Permits. If a building permit should expire, is revoked, or is voluntarily surrendered and is, therefore voided and no construction or improvement of land has commenced, then the applicant may be entitled to a refund of the LDMF collected which was paid as a condition of approval, less administration costs. Any refund must be requested within three (3) years of the original payment. The applicant shall pay the current LDMF in effect at the time in full if s/he reapplies for the permit. B. Double Payments. On occasion due to a clerical error, a developer has paid all or a portion of the required LDMF for project twice. In such cases, a refund of the double payment may be required. C. Balance Due. When LDMF is incorrectly calculated due to City clerical error, it is the City's responsibility to remit the balance due to RCA. The error must be discovered within three (3) years of the original payment for the City to be held accountable. The amount due can be remitted through alternate methods agreed to by the RCA Executive Committee. If first approved through RCA staff in writing, the calculation is not subject to additional review. 15.10.090 Accounting and Disbursement of Collected Local Development Mitigation Fees. A. All fees paid pursuant to this Chapter shall be deposited, invested, accounted for, and expended in accordance with Section 66006 of the Government Code and all other applicable provisions of law. B. Subject to the provisions of this section, all fees collected pursuant to this Chapter shall be remitted to the Western Riverside County Regional Conservation Authority at least quarterly. C. In the resolution mentioned in Section 15.10.050, the City may also add an additional cost to the Local Development Mitigation Fee schedule to cover the costs of collecting the fees from project proponents. Any amounts collected by the City shall not reduce the amount collected and remitted to the RCA under this Chapter. 15.10.100 Exemptions. The following types of construction shall be exempt from the provisions of this Chapter: A. Reconstruction or improvements that were damaged or destroyed by fire or other natural causes, provided that the reconstruction or improvements do not result in additional usable square footage. B. Rehabilitation or remodeling to an existing Development Project, provided that the rehabilitation or remodeling does not result in additional usable square footage. C. Accessory Dwelling Units, but only to the extent such fee is exempted under state law. D. Junior Accessory Dwelling Units, but only to the extent such fee is exempted under state law. E. Existing structures where the use is changed from an existing permitted use to a different permitted use, provided that no additional improvements are constructed and does not result in additional usable square footage. F. Certain Agricultural Operations as allowed by the MSHCP, as amended. G. Vesting Tentative Tract Maps entered into pursuant to Government Code section 66452 et seq. (also, Government Code section 66498.1 et seq.) and Development Projects which are the subject of a development agreement entered into pursuant to Government Code section 65864 et seq., prior to the effective date of Ordinance No. 03-14, wherein the imposition of new fees are expressly prohibited, provided that if the term of such a vesting map or development agreement is extended by amendment or by any other manner after the effective date of Ordinance No. 03-14, the MSHCP Fee shall be imposed. Except as exempted above, all projects are required to make a mitigation payment/ contribution and where no mitigation payment process is specified, the project will pay the updated per acre mitigation fee. 15.10.110 Fee Credits. Any Local Development Mitigation Fee credit that may be applicable to a Development Project shall be determined by the City and approved by the RCA. All Fee Credits shall comply with the resolutions, ordinances, Implementing Agreement, and policies of the Western Riverside County Regional Conservation Authority including, without limitation, the MSHCP Mitigation Fee Implementation Manual. Section 2. Severability. This Ordinance and the various parts, sections, and clauses thereof, are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid, the remainder of this Ordinance shall be affected thereby. If any part, sentence, paragraph, section, or clause of this Ordinance, or its application to any person entity is adjudged unconstitutional or invalid, such unconstitutionality or invalidity shall affect only such part, sentence, paragraph, section, or clause of this Ordinance, or person or entity; and shall not affect or impair any of the remaining provision, parts, sentences, paragraphs, sections, or clauses of this Ordinance, or its application to other persons or entities. The City Council hereby declares that this Ordinance would have been adopted had such unconstitutional or invalid part, sentence, paragraph, section, or clause of this Ordinance not been included herein; or had such person or entity been expressly exempted from the application of this Ordinance. Section 3. CEQA Findings. The City Council hereby finds that in accordance with CEQA and the CEQA Guidelines the adoption of this Ordinance is exempt from CEQA pursuant to Section 21080(b)(8) of the California Public Resources Code and Sections 15273 and 15378(b)(4) of the State CEQA Guidelines. Section 4. Ordinance Superseded. This Ordinance supersedes the provisions of Ordinance No. 03-14, establishing the Multiple Species Habitat Conservation Fee and this Chapter, 8 provided this Ordinance is not declared invalid or unenforceable by a court of competent jurisdiction. If, for whatever reason, this Ordinance is declared invalid or unenforceable by a court of competent jurisdiction, Ordinance No. 03-14, and all other related ordinances and policies shall remain in full force and effect. Section 5. Certification and Publication. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , ATTEST: Randi Johl, City Clerk [SEAL] Maryann Edwards, Mayor 01 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. 2021- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 13th day of April, 2021, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk 10 RESOLUTION NO.2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN LOCAL DEVELOPMENT MITIGATION FEE PURSUANT TO CHAPTER 15.10 OF THE TEMECULA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS 10]aK1611.1L.3 Section 1. Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. The City of Temecula ("City") is a member agency of the Western Riverside County Regional Conservation Authority ("RCA"), a joint powers agency comprised of the County of Riverside and the 18 cities located in western Riverside County. B. The member agencies of RCA recognized that a habitat conservation plan is necessary to provide special protections for vegetation communities and natural areas containing habitat values to prevent future endangerment of the plant and animal species impacted by new development in western Riverside County. C. In order to address these issues, the member agencies formulated a plan called the Western Riverside County Multiple Species Habitat Conservation Plan (the "MSHCP") whereby a mitigation fee would be assessed on new development and would be used to fund the implementation of the MSHCP. D. In furtherance of the MSHCP, the City is approving and adopting the updated "Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study", dated October 2020 (the "2020 Nexus Study"), a copy of which is on file in the Office of the City Clerk. E. Based on the 2020 Nexus Study, the City will amend Chapter 15.10 of the Temecula Municipal Code, Western Riverside County Transportation Uniform Mitigation Fee Program. Chapter 15.10, as it now exists and as it will be amended, authorizes the City to impose the Local Development Mitigation Fee upon new development, pursuant to California Government Code sections 66000 et seq. ("Chapter 15.10"). F. Chapter 15.10 of the Temecula Municipal Code authorizes the City to adopt an applicable Local Development Mitigation Fee schedule by resolution. G. The fees collected pursuant to this Resolution shall be used to finance the public facilities described or identified in the 2020 Nexus Study. H. The levying of Local Development Mitigation Fee has been reviewed by the City Council and staff in accordance with the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines and it has been determined that the adoption of this Resolution is exempt from CEQA pursuant to Section 21080(b)(8) of the California Public Resources Code and Sections 15273 and 15378(b)(4) of the State CEQA Guidelines. I. The preservation of vegetation communities and natural areas within western Riverside County which support species covered by the MSHCP is necessary to protect and promote the health, safety, and welfare of all the residents of the City by reducing the adverse direct, indirect, and cumulative effects of urbanization and development and providing for permanent conservation of habitat for species covered by the MSHCP. J. It is necessary to establish a mitigation fee to ensure that all new development within the City pays its fair share of the costs of acquiring and preserving vegetation communities and natural areas within the City and the region which are known to support plant and wildlife species covered by the MSHCP. K. A proper funding source to pay the costs associated with mitigating the direct, indirect and cumulative impacts of development to the natural ecosystems within the City and the region, as identified in the MSHCP, is a development impact fee for residential, commercial, and industrial development. The amount of the fee is determined by the nature and extent of the impacts from the development to the identified natural ecosystems and or the relative cost of mitigating such impacts. L. The MSHCP and the 2020 Nexus Study provides a basis for the imposition of development impact fees on new construction. M. The use of the development impact fees to mitigate the impacts to the City's and the region's natural ecosystems is reasonably related to the type and extent of impacts caused by development within the City. N. The costs of funding the proper mitigation of natural ecosystems and biological resources impacted by development within the City and the region are apportioned relative to the type and extent of impacts caused by the development. O. The facts and evidence provided to the City establish that there is a reasonable relationship between the need for preserving the natural ecosystems in the City and the region, as defined in the MSHCP, and the direct, indirect and cumulative impacts to such natural ecosystems and biological resources created by the types of development on which the fee will be imposed, and that there is a reasonable relationship between the fee's use and the types of development for which the fee is charged. This reasonable relationship is described in more detail in the MSHCP and the 2020 Nexus Study. P. The cost estimates for mitigating the impact of development on the City's and the region's natural ecosystem and biological resources, as set forth in the MSHCP, are reasonable and will not exceed the reasonably estimated total of these costs. Q. The fee set forth herein does not reflect the entire cost of the lands which need to be acquired in order to implement the MSHCP and mitigate the impact caused by new development. Additional revenues will be required from other sources. The City Council finds that the benefit to each development project is greater than the amount of the fee to be paid by the project. R. The fees collected pursuant to this Resolution shall be used to finance the acquisition and perpetual conservation of the natural ecosystems and certain improvements necessary to implement the goals and objectives of the MSHCP. S. Pursuant to Government Code sections 66016, 66017, and 66018, the City has: (a) made available to the public, at least ten (10) days prior to its public hearing, data indicating the estimated cost required to provide the facilities and infrastructure for which these development fees are levied and the revenue sources anticipated to provide those facilities and infrastructure; (b) mailed notice at least fourteen (14) days prior to this meeting to all interested parties that have requested notice of new or increased development fees; and (c) held a duly noticed, regularly scheduled public hearing on April 13, 2021 at which public comments were received regarding the proposed fee. Section 2. Local Development Mitigation Fee. There is hereby adopted the Local Development Mitigation Fee schedule as set forth below: MSHCP Local Development Mitigation Fee Schedule Effective July 1, 2021 through December 31, 2021 Fee Category Fee Residential density less than 8.0 dwelling units per acre (fee per dwelling unit) $2,935 Residential density between 8.0 and 14.0 dwelling units per acre (fee per dwelling unit) $1,473 Residential density greater than 14.0 dwelling units per acre (fee per dwelling unit) $670 Non-Residential/Commercial (fee per acre) $11,982 Industrial (fee per acre) $11,982 MSHCP Local Development Mitigation Fee Schedule Effective January 1, 2022 Fee Category Fee Residential density less than 8.0 dwelling $3,635 units per acre (fee per dwelling unit) Residential density between 8.0 and 14.0 dwelling units per acre (fee per dwelling unit) $1,515 Residential density greater than 14.0 dwelling units per acre (fee per dwelling unit) $670 Non-Residential/Commercial (fee per acre) $16,358 Industrial (fee per acre) $16,358 Section 3. Collection Fee Schedule There is hereby adopted an administrative fee in addition to the Local Development Mitigation Fee schedule to reimburse the City for the costs of collecting and remitting the fees from project proponents ("Administrative Fee"). The Administrative Fee shall be fifteen dollars and forty-five cents ($15.45) for each payment of the Local Development Mitigation Fee. The Administrative Fee shall be increased annually for inflation on July 1st of each year, beginning July 1, 2022, by the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U): Riverside -San Bernardino -Ontario (or any successor index). The calculation for that annual adjustment shall be made using the month of April over the month of April in the prior year. The Council finds that the Administrative Fee is not greater than the reasonable costs to the City of collecting, processing, and remitting the Local Development Mitigation Fees from project proponents. Section 4. Periodic Fee Adjustment. The Local Development Mitigation Fee schedule set forth above may be periodically reviewed and the amounts adjusted as set forth in the MSHCP Mitigation Fee Implementation Manual adopted pursuant to Chapter 15.08. Section 5. Automatic Annual Fee Adjustment. In addition to the Periodic Fee Adjustment mentioned above, the RCA shall provide the City with an automatic annual fee adjustment for the Local Development Mitigation Fee established by Chapter 15.08 as set forth in the MSHCP Mitigation Fee Implementation Manual adopted pursuant to Chapter 15.08. Section 6. Adoption of 2020 Nexus Study. The City Council hereby adopts the 2020 Nexus Study and its findings. Section 7. CEQA Findings. The City Council hereby finds that in accordance with CEQA and the State CEQA Guidelines the adoption of this Resolution is exempt from CEQA pursuant to Section 21080(b)(8) of the California Public Resources Code and Sections 15273 and 15378(b)(4) of the State CEQA Guidelines. Section 8. Severability. A. This Resolution and the various parts, sections, and clauses thereof, are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid, the remainder of this Resolution shall not be affected thereby. If any part, sentence, paragraph, section, or clause of this Resolution, or its application to any person entity is adjudged unconstitutional or invalid, such unconstitutionality or invalidity shall affect 4 only such part, sentence, paragraph, section, or clause of this Resolution, or person or entity; and shall not affect or impair any of the remaining provision, parts, sentences, paragraphs, sections, or clauses of this Resolution, or its application to other persons or entities. The City Council hereby declares that this Resolution would have been adopted had such unconstitutional or invalid part, sentence, paragraph, section, or clause of this Resolution not been included herein; or had such person or entity been expressly exempted from the application of this Resolution. B. If the fees collected for the conservation of the land, including the monitoring and management thereof, are later adjudged by a final unappealable judgment of a court of competent jurisdiction to be unconstitutional or invalid, the prior Local Development Mitigation Fee adopted pursuant to Ordinance No. 03-14, under the prior Nexus Studies, shall each be revived and shall continue for the life of the MSHCP. Section 9. Effective Date. 2021. Section 10. Certification. Resolution. This Resolution shall become effective on July 1, The City Clerk shall certify to the adoption of this PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of April, 2021. Maryann Edwards, 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. 2021- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of April, 2021, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk V02 �Uh%J62 DGUNs\ Z cLswsup OSMISu9 OSMIsuC C 2 en RMW d20 Isso ewsqusi. [ Uawmv blsuukua zx2wwtjuv yea gcovovr cx \ywka, p?c Table of Contents 1. INTRODUCTION AND KEY FINDINGS.............................................................................. 1 Background............................................................................................................ 1 Original and Existing Fee Schedule............................................................................ 2 Updated Mitigation Fee Schedules............................................................................. 3 Key Drivers of Fee Change....................................................................................... 6 Organization of Report............................................................................................. 8 2. MSHCP POLICIES, GOALS, AND FINANCING STRATEGY.......................................................9 MSHCP Purpose, Basis, and Goals.............................................................................. 9 MSHCP Financing Strategy..................................................................................... 11 MSHCP Implementation Costs and Funding Sources ................................................... 13 Development Mitigation Fees and Calculation............................................................ 16 3. HABITAT PROTECTION TO DATE AND FUTURE CONSERVATION SCENARIO ................................. 18 Habitat Protection Accomplishments Through 2019.................................................... 18 Conservation Goals and Progress............................................................................ 18 LandDedications.................................................................................................. 20 Future Conservation Scenario................................................................................. 21 4. FORECASTS OF DEVELOPMENT, DEDICATION, FEE PAYMENT ................................................ 25 Historic Development and HCP Fees......................................................................... 25 GrowthProjections................................................................................................ 26 5. MSHCP IMPLEMENTATION COSTS.............................................................................. 31 LandCosts........................................................................................................... 31 Other Costs —Administration, Management, and Monitoring ......................................... 35 EndowmentFunding.............................................................................................. 38 Total Implementation Costs.................................................................................... 40 6. RCA NON -FEE REVENUES....................................................................................... 43 MSHCP Forecast of Non -Fee Revenues..................................................................... 43 New Forecast of Non -Fee Revenues......................................................................... 44 7. MITIGATION FEE CALCULATION................................................................................. 46 8. MITIGATION FEE ACT (NEXUS) FINDINGS .................................................... ............ 52 Purposeof Fee..................................................................................................... 52 Use of Fee Revenues............................................................................................. 53 Relationship......................................................................................................... 53 Need................................................................................................................... 54 Proportionality...................................................................................................... 54 9. FEE IMPLEMENTATION............................................................................................ 56 Adoption of Revised LDMF...................................................................................... 56 Securing Supplemental Funding.............................................................................. 56 AnnualReview...................................................................................................... 56 SurplusFunds...................................................................................................... 57 Annual and Periodic Updates................................................................................... 57 Appendix I: Detailed Time Series of Implementation Costs, Excluding Endowment Funding Appendix II: Detailed Time Series of Endowment Funding List of Tables Table 1 2004 and 2021 MSHCP Fee Schedule............................................................ 3 Table 2 Updated MSHCP Implementation Costs and Per Acre Mitigation Fees .................. 4 Table 3 Updated Mitigation Fee Schedule by Extension Scenario...................................6 Table 4 MSHCP Goals by Area Plan........................................................................ 11 Table 5 2004 Estimates: MSHCP Implementation Costs and Funding Sources ............... 14 Table 6 2004 and 2021 MSHCP Fee Schedule.......................................................... 17 Table 7 Conservation Through End of 2019............................................................. 18 Table 8 Required Acquisition Acres to Achieve ARL Goals .......................................... 24 Table 9 Projected Growth in Western Riverside County, through 2050......................... 29 Table 10 Projected Developed Acres in Western Riverside County, by Extension Scenario................................................................................... 30 Table 11 Per -Acre Land Value Estimates-2003 Dollars (2003 Nexus Study) .................. 32 Table 12 Local Conservation Costs Through 2018...................................................... 32 Table 13 Planning Level Per Acre Land Value Estimates by Category ............................. 33 Table 14 Illustrative Distribution of Land Acquisitions by Land Use and Size ................... 34 Table 15 Aggregate Land Value of Remaining Areas (2017 dollars) ............................... 34 Table 16 Administrative and Professional Services Costs ............................................. 36 Table 17 Management and Monitoring Anticipated Costs in 2004 and 2019 Dollars ........ 38 Table 18 Annual Implementation Cost Estimate(2019$)............................................. 39 Table 19 Endowment Funding (2019$), by Extension Scenario .................................... 40 Table 20 Total Implementation Costs (2019$*), by Extension Scenario ......................... 41 Table 21 Average Annual Implementation Costs (2019$), by Extension Scenario............ 42 Table 22 2004 MSHCP Anticipated Funding Sources ................................................... 44 Table 23 Annual Non -Fee Revenue Projection (2019$s).............................................. 45 Table 24 MSHCP Implementation Costs and Per Acre Mitigation Fees ............................ 47 Table 25 Recommended Fee Level —No Extension...................................................... 48 Table 26 Recommended Fee Level-5-Year Extension ................................................. 49 Table 27 Recommended Fee Level-10-Year Extension ............................................... 50 Table 28 Recommended Fee Level-15-Year Extension ............................................... 51 List of Figures Figure 1 State of Conservation in 2003: Conserved Land, Additional Reserve Land to be Acquired, and Total MSHCP Conservation Area Needed .................. 10 Figure 2 MSHCP Estimated Annual Costs in Millions, 2004 Dollars ................................ 15 Figure 3 MSHCP Estimated Annual Revenues in Millions, 2004 Dollars .......................... 16 Figure 4 MSHCP Conservation Goals, 2019 and 2029 Goals Highlighted ........................ 19 Figure 5 Progress Towards ARL Through End of 2019................................................ 20 Figure 6 Residential Unit Development, Western Riverside County, 2005-2019.............. 25 Figure 7 New Housing Units per Year, SCAG and MSHCP Projections and Historic Production(2005-2019)................................................................. 27 Figure 8 Newly Developed Commercial Acres per Year ............................................... 27 Figure 9 Comparison of Costs by Category............................................................... 40 Figure 10 2004 MSHCP Anticipated Funding Sources ................................................... 44 1. INTRODUCTION AND KEY FINDINGS This Updated Nexus Study (2020 Nexus Study) provides the technical justification for changes to the Local Development Mitigation Fee schedule that applies to Local Permittee participants in the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP or Plan). These changes are necessary to ensure adequate funding of the obligations of the Local Permittees under the MSHCP and the associated Incidental Take Permit and Implementing Agreement. The resulting increased fee revenues will support the continued implementation of the MSHCP and the streamlining of endangered species incidental take permitting for new Western Riverside County development provided under the MSHCP. This Nexus Study is consistent with the requirements of California Government Code 66000 et seq. (the Mitigation Fee Act) that requires specific findings (as well as administration and implementation procedures) for `zany action establishing, increasing, or imposing a fee as a condition of approval of a development project by a local agency." Background The Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP or Plan), originally adopted in 2004, is a comprehensive, multi -jurisdictional Habitat Conservation Plan (HCP) focusing on the conservation of species and their associated habitats in Western Riverside County. The MSHCP was developed in response to the need for future growth opportunities in Western Riverside County while addressing the requirements of the State and federal Endangered Species Acts. The MSHCP serves as an HCP pursuant to Section 10(a)(1)(B) of the federal Endangered Species Act of 1973 as well as a Natural Communities Conservation Plan under the NCCP Act of 2001. The MSHCP streamlines these environmental permitting processes by allowing the participating jurisdictions to authorize "take" of plant and wildlife species identified within the Plan Area. At the same time, Plan implementation provides a coordinated MSHCP Conservation Area and implementation program to preserve biological diversity and maintain the region's quality of life. The MSHCP and the associated Implementing Agreement and Incidental Take Permit collectively determine a set of conservation actions that must be taken to meet the terms of the Incidental Take Permit and benefit from the regulatory streamlining and other benefits of the MSHCP. This includes the identification of the responsible parties, including the responsibilities of the Local Permittees.l One of the key requirements of the MSHCP, Implementing Agreement, and Incidental Take Permit (consistent with the requirements of the federal Endangered Species Act) is the provision of adequate funding by Local Permittees to the Implementing Entity (the Western Riverside County Regional Conservation Authority2) to conduct their portion of the conservation actions identified in the MSHCP. 1 Local Permittees include the Western Riverside cities, the County of Riverside, County Flood Control and Water Conservation District, County Regional Park and Open -Space District, County Department of Waste Resources, and Riverside County Transportation Commission. 2 The Western Riverside County Regional Conservation Agency is a Joint Powers Authority established in 2004 to implement the MSHCP. Economic & Planning Systems, Inc. 1 230-0,1- Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 Section 8.0 of the MSHCP outlines the MSHCP funding/financing approach. It also identified best estimates of Plan implementation costs at the time of Plan adoption, including the local funding commitment that represents a portion of the overall land acquisition, management and monitoring, and Plan administration costs. The Local Funding Program included a mix of funding sources to provide "an equitable distribution of the cost for local mitigation under the MSHCP." The proposed funding sources included Local Development Mitigation Fees (and land dedications), regional infrastructure project public contributions (including contributions to mitigate for transportation infrastructure, regional utility projects, local public capital construction projects, and regional flood control projects), and landfill tipping fees. Participating cities and the County were each required to implement a Local Development Mitigation Fee under California Government Code Section 66000 et seq. (the "Mitigation Fee Act") and supported by the separate "Final Mitigation Fee Nexus Study Report for the Western Riverside County Multiple Species Habitat Conservation Plan," July 1, 2003 (Original or 2003 Nexus Study). The MSHCP funding chapter notes the need for frequent evaluations of the performance of the funding mechanisms and assessments of the funding plan and the need to make any necessary modifications to the funding mechanisms. The MSHCP also notes that the mitigation fee will need to be "reevaluated and revised should it be found to insufficiently cover mitigation of new development. In addition to the common practice of updating mitigation fees periodically to account for changing circumstances, the Western Riverside County Regional Conservation Authority (RCA) has determined that significant changes have occurred and/or circumstances have arisen that justify an update to the mitigation fees. These changes include, but are not limited to, the following: • The need to acquire more land than originally forecast due to the lower than expected land dedication. • The lower -than -expected levels of non -fee funding from local and regional funding sources. • The lower than expected levels of residential development. • The need to diversify land acquisitions away from a focus on the larger, more remote parcels to also acquiring parcels closer to urbanized areas, consistent with the reserve assembly requirements of the MSHCP. Original and Existing Fee Schedule All local jurisdictions participating in the MSHCP and obtaining coverage for public and private take in their jurisdictions were required to adopt and implement the 2004 Mitigation Fee Schedule through ordinance and resolution and then to pass through the fee funding (except for any additional administrative charges added by the jurisdictions) to the RCA to fund MSHCP implementation. The ordinances allowed for periodic inflationary increases based on the annual change in the Consumer Price Index for the Los Angeles -Anaheim -Riverside area. In 2018 the Bureau of Labor Statistics implemented a geographic revision, establishing Riverside as its own Core Based Statistical Area. As a result, Riverside was removed from the Consumer Price Index encompassing Los Angeles and Anaheim. Going forward, inflationary increases will be based on the annual change in the Consumer Price Index for the newly established Riverside -San Economic & Planning Systems, Inc. 2 —11111� 101'.."o �l,,.. l .,-=,ll:�,ho o110o l,o k�yll�IookN ,S«ar F,� 123ouzo 0— Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 Bernardino -Ontario area. As outlined in the 2003 Nexus Study (Original Nexus Study), all new development in Western Riverside County is required to pay the mitigation fee. Table 1 shows the original 2004 Local Development Mitigation Fee schedule and the current 2021 Fee Schedule that reflects periodic inflationary fee adjustments using the indexing process that collectively increased the fees by 35 percent between 2004 and 2020 (this was below the overall inflation index increase over this period). Table 1 2004 and 2021 MSHCP Fee Schedule Residential: Up to 8.0 dwelling units per acre $1,651 $2,234 (DUAC) Residential: 8.0-14.0 DUAC $1,057 $1,430 Residential: 14.0+ DUAC $859 $1,161 Commercial (per acre) I $5,620 I $7,606 Industrial (per acre) I $5,620 I $7,606 Updated Mitigation Fee Schedules This 2020 Nexus Study has estimated the increased fee level that would be required to provide sufficient revenues, based on the best available forecasts of future growth, to support the full implementation of the MSHCP, including the completion of all land acquisition and the establishment of the necessary endowment, by 2029 (Year 25 of Plan implementation).4 Because, as shown below, this would require a major increase in the fee levels, three other scenarios are also considered where different time extensions provide more time for land acquisition.5 These extensions allow for the costs of Plan implementation (including land acquisitions) to be spread across more development and, as a result, moderate the level of mitigation fee increase required. In addition, the longer extension scenarios require a pace of land acquisition that is more consistent with what has proven to be achievable. All of these fee 3 Note it is RCA procedure to refer to fees during, for example, Fiscal Year 2020/2021, as the 2021 fee. The 2021 fee became effective July 1, 2020, and applies for the fiscal year of 2020-21 (i.e., until June 30, 2021 when the 2022 Fee begins). 4 The MSHCP provided a 25-year period of the required land acquisition with the larger 75-year permit term. This is labelled the "No Extension" or "Baseline Scenario" in this Update Study. 5 The baseline scenario as well as the extension scenarios assume that all land acquisition as well as the full endowment will be completed/ established by the end of the specified implementation/ land acquisition period. Interest from the non -depleting endowment will fund all ongoing costs thereafter. Economic & Planning Systems, Inc. 3� Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 increases would be consistent with the Mitigation Fee Act and the MSHCP and associated Incidental Take Permit and Implementing Agreement. The mitigation fee levels shown for each extension scenario are the fee levels required to cover the appropriate portion of the Local Permittee MSHCP implementation costs based on the best information available at this time. The revised mitigation fee levels reflect changes in estimated costs, expected levels of land dedication, and non -fee funding. Consistent with the MSHCP and Original Nexus Study, it is assumed that all new development in Western Riverside County will pay the mitigation fee because, as noted in the MSHCP, "new development affects the environment through construction activity and cumulatively through population bases that result from such development."6 Importantly, the revised mitigation fee levels also reflect the decision to determine the mitigation fee that applies to different land uses on a consistent per gross acre basis. This approach is considered to provide a clear, consistent, and proportionate method for determining mitigation fees on new development.7 The 2020 Nexus Study does convert the overarching per gross acre fee into per unit residential fees for different density ranges; this conversion was conducted to provide implementation/administrative consistency for member jurisdictions. Table 2 Updated MSHCP Implementation Costs and Per Acre Mitigation Fees Net Cost Acres of Development $912,756,583 $902,353,150 $892,767,438 $883,987,805 Residential 14,026 21,818 29,611 37,403 Nonresidential 6,239 9,705 13,171 16,637 Total 20,265 31,523 42,782 54,040 Mitigation Fee per Acre $45,041 $28,625 $20,868 $16,358 Sources: Southern California Association of Governments; Western Riverside County RCA; Economic & Planning Systems, Inc. 6 Consistent with the Original Nexus Study and the technical analysis in this study update (and as described in more detail in the Fee Implementation Handbook), certain types of public improvements/ infrastructure projects will make mitigation payments calculated as a percent of total improvement cost. All projects are required to make a mitigation payment/contribution (except where exempted as specified in the Ordinance); where no mitigation payment process is specified, the project will pay the updated per acre mitigation fee. 7 This is the approach taken by the majority of regional Habitat Conservation Plans in California, including the Coachella Valley Multiple Species Habitat Conservation Plan mitigation fee. Economic & Planning Systems, Inc. 4 Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 As shown in Table 2, the required mitigation fee per gross acre of development varies substantially based on level of extension as follows: • No Extension. Under the current structure, where all land acquisition must occur by the end of Year 25 of MSHCP implementation (2029), a mitigation fee of $45,041 per acre of development would be required. • 5-Year Extension. With a 5-year extension, where all land acquisition must occur by the end of Year 30 of MSHCP implementation (2034), a mitigation fee of $28,625 per acre of development would be required. • 10-Year Extension. With a 10-year extension, where all land acquisition must occur by the end of Year 35 of MSHCP implementation (2039), a mitigation fee of $20,868 per acre of development would be required. • 15-Year Extension. With a 15-year extension, where all land acquisition must occur by the end of Year 40 of MSHCP implementation (2044), a mitigation fee of $16,358 per acre of development would be required. For residential development, the per gross acre fee is translated into per residential unit fees by density category to provide for a fee framework that is consistent with the current fee structure. The per residential unit fees are calculated by dividing the per gross acre fee by an assumed typical/ average density for each of the three density ranges (low, medium, and high).$ The full mitigation fee schedule (for each extension scenario) is shown in Table 3, including the per unit residential fees by density category and per gross acre fees for non-residential development. The typical/ average residential densities used to calculate the per -unit residential fees are the same as the density assumptions in the Original Nexus Study.9 8 For example, the $3,635 per unit Residential - Low fee under the 15-year extension is derived by dividing the overall per gross acre mitigation fee of $16,358 (shown in Figure 2) by the assumed typical/average density of Residential Low of 4.5 units/acre. 9 The Fee Implementation Handbook provides more specifics on how to determine a project's residential density and therefore the appropriate per unit residential fee that applies. Economic & Planning Systems, Inc. 5 -11111� 101'.."o �l,,.. ''l,,-=lll:�,ho o110o l,o k�yll�IookN ,S«ar F,� I23ouzo 0— Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 Table 3 Updated Mitigation Fee Schedule by Extension Scenario Current Fee No 5-Year 10-Year 1W15-Year Fee Per Unit 2021� Extension Extension Extension Extension Residential - Low (Up to 8.0 DUAC)2 3 $2,234 $10,009 $6,361 $4,637 $3,635 Residential - Medium (8.0-14.0 DUAC)23 $1,430 $4,170 $2,650 $1,932 $1,515 Residential - High (14.0+ DUAC) 23 $1,161 $1,846 $1,173 $855 $670 Commercial / Industrial (per acre) $7,606 $45,041 $28,625 $20,868 $16,358 1. Western Riverside County Multiple Species Conservation. Local Development Mitigation Fee Schedule for FY 2020-21 (Effective July 1, 2020 — June 30, 2021), annually adjusted using the Consumer Price Index. 2. Per acre mitigation fees translated into per unit fees based on the following residential densities: for low density, 4.5 units per acre; for medium density, 10.8 units per acre; for high density, 24.4 units per acre, consistent with the assumptions used in Appendix E of the original Nexus Study. 3. DUAC stands for Dwelling Units per Acre. Sources: Southern California Association of Governments; Western Riverside County RCA; Economic & Planning Systems, Inc. Key Drivers of Fee Change The change in Local Development Mitigation Fee is the result of a number of different contributing factors ("moving parts"), fully documented and detailed in Chapters 2 through 7. This Nexus Study is based on the most current information available including, for some inputs, recent years of experience from MSHCP implementation. The factors that have had the most significant effect on the Local Development Mitigation Fee calculations are summarized below. 1. Lower -than -expected land dedications substantially increase the Local Permittee habitat acquisition cost component of MSHCP implementation. The MSHCP assumed that 41,000 of the 97,000 acres (42 percent) to be conserved by Local Permittee action/funding would be provided at no cost through land dedication associated with development inside the Criteria Cells. Through the first sixteen years of Plan implementation, less than 1,000 acres of the Local Permittee habitat conservation obligations have been generated through these dedications. An additional 10,000 acres of land dedication requirements have been required as part of proposed developments that have yet to occur. Beyond the dedication associated with previously proposed projects, additional land dedication is not expected.10 As a result, the 2020 Nexus Study assumes the noted 10,000 acres of land dedication is formalized over the next eight years (an average annual land dedication of 1,250 acres per year) prior to the end of the current land acquisition period. No additional land dedication is assumed, even if the acquisition period is extended. As a result, at the end of the current habitat acquisition period (Year 25 of Plan to In September 2016, the RCA revised its fee credit and waiver policy, limiting the likelihood of projects paying fees and dedicating land. Economic & Planning Systems, Inc. 6 Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 implementation), total land dedication is expected to represent about 11,000 acres and about 11 percent of the Local Permittee land conservation requirement. The RCA therefore needs to directly acquire an additional 30,000 acres of land relative to the expectations of the Original Nexus Study. 2. Lower than expected regional infrastructure public contributions have reduced the non -fee funding available, increasing the costs to be funded through the mitigation fee. The MSHCP assumed a substantial level of funding from regional infrastructure project public contributions, including transportation infrastructure, regional utility projects, local public capital construction projects, and regional flood control projects, as well as from landfill tipping fees. While the Measure A sales tax has provided substantial funding as expected, other revenue sources, on aggregate, have provided (and are expected to continue to provide) substantially less funding than forecast in the 2003 Nexus Study. As a result, mitigation fees will need to cover about 91 percent of Local Permittee MSHCP implementation costs relative to the original assumption of about 56 percent. 3. The change towards a consistent -per gross developed acre" fee basis provides a more consistent approach for all land use development types. The 2003 Nexus Study used an "Equivalent Benefit Unit" approach to distributing mitigation costs between different land use categories. This Nexus Study adjusts the fee calculation to the more commonly used per gross acre basis. Under this approach, the new Local Development Mitigation Fees are all based on one "across the board" per gross acre fee determination. Non-residential development then pays this per acre fee, while per unit residential fees by density category are derived from this common per gross acre fee." This change evens out some of the prior differences in mitigation fee levels. 4. The estimates of average per acre land values have not changed substantially, so they have had a limited effect on the change in mitigation fees. The original MSHCP implementation cost estimate was based on an average land value of about $13,100 per acre. This was based on research on land transactions of parcels with different land use designations and sizes in 2001/2002. The land valuation analysis conducted for this Nexus Study estimated a planning -level land value of about $14,300 per acre based on land transactions primarily in the 2014 to 2017 period (inflated to 2019-dollar terms). As a result, land value estimates have not changed substantially in nominal dollar terms since the Original Nexus Study. This estimated per acre land value is above the cost of most RCA transactions to date, though the average land values of future RCA land acquisition are expected to increase due to the increasing need to purchase more expensive land in "linkage" areas. ii Similar to the Original Nexus Study, all new development in Western Riverside County is required to pay the mitigation fee (or otherwise provide the necessary mitigation). The conversion from per gross acre to per unit fees for residential development is conducted to provide administrative continuity for member agencies. Economic & Planning Systems, Inc. 7 230uzo 0o Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 Organization of Report This Nexus Study includes several chapters. Chapter 1, this chapter, describes the purpose and need for this Nexus Study, the recommended changes in the Local Development Mitigation Fee, and the key drivers of these changes. Chapters 2 through 7 provide the technical analysis that supports the updated fees and nexus findings. Chapter 2 summarizes the purpose of and basis for the MSHCP, the conservation requirements of the MSHCP, and the financing strategy and approach developed to implement the MSHCP in 2004. Chapter 3 describes the conservation achievements to date, identifies the remaining conservation requirements, and identifies expected land dedication. Chapter 4 provides the development forecast used in the calculation of the updated mitigation fees. Chapter 5 provides the estimates of MSHCP implementation costs, including land acquisition, management and monitoring, program administration, and endowment. Chapter 6 describes the historical levels of non -fee revenues available to help fund Local Permittee MSHCP implementation costs. Chapter 7 brings together the technical analysis in Chapters 2 through 6 to estimate the updated 2020 Local Development Mitigation Fees. Chapter 8 provides the nexus findings required under the Mitigation Fee Act as require to establish the updated fees. Finally, Chapter 9 highlights some of the administration and implementation requirements under the Mitigation Fee Act, recognizing that the Fee Implementation Handbook provides more specific guidance to the RCA and its partner agencies on the implementation of the mitigation fee program. Economic & Planning Systems, Inc. 8 23-21,21- 2. MSHCP POLICIES, GOALS, AND FINANCING STRATEGY MSHCP Purpose, Basis, and Goals In response to the need to maintain future growth opportunities in Western Riverside County while addressing the requirements of the state and federal Endangered Species Acts, the County and the Riverside County Transportation Commission initiated the Riverside County Integrated Project (RCIP) in 1999. The Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) is one part of the RCIP that includes: • Updated County General Plan. Addresses the required general plan elements such as land use, circulation, housing and open space, and conservation and includes programs to implement the MSHCP, enhance transit alternatives, and encourage development of mixed - use centers. • Community and Environment Transportation Acceptability Process. Identifies future transportation corridors in Western Riverside and provides needed environmental documentation to allow preservation of future right-of-ways. • MSHCP. The Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP or Plan) is a comprehensive, multi -jurisdictional Habitat Conservation Plan (HCP) focusing on the conservation of species and their associated habitats in Western Riverside County. The MSHCP conserves vulnerable plant and animal species and their associated habitats in Western Riverside County and supports economic development. The MSHCP was adopted in 2003 by the Riverside County Board of Supervisors. Subsequently, all of the Western Riverside cities, the County of Riverside, County Flood Control and Water Conservation District, County Regional Parks and Open -Space District, County Department of Waste Resources, Riverside County Transportation Commission, California Department of Transportation, California Department of Parks and Recreation, California Department of Fish and Game, the US Fish and Wildlife Service and the RCA signed an Implementing Agreement for the MSHCP. The Implementing Agreement includes terms to ensure MSHCP-implementation, defines remedies and recourses should any of the parties of the Agreement fail to perform obligations, and provides assurances that, as long as the MSHCP is being implemented, the Wildlife Agencies will not require additional mitigation from the Permittees.12 The MSHCP serves as an HCP pursuant to Section 10(a)(1)(B) of the federal Endangered Species Act of 1973 as well as a Natural Communities Conservation Plan under the NCCP Act of 2001. The MSHCP streamlines these environmental permitting processes by allowing the participating jurisdictions to authorize "take" of plant and wildlife species identified within the Plan Area. At the same time, Plan implementation provides a coordinated MSHCP Conservation Area and implementation program to preserve biological diversity and maintain the region's quality of life. 12 The Wildlife Agencies include the US Fish and Wildlife Service and the California Department of Fish and Wildlife and the Permittees include all of the other parties to the Implementing Agreement. Economic & Planning Systems, Inc. 9 C �U= ,�kn o,woo L �Mft ld11 1 ,o 111�Moo N «ar F, a,1-11zo - Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 The MSHCP and the associated Implementing Agreement and Incidental Take Permit collectively determine a set of conservation actions, and the associated responsible parties, that must be taken to meet the terms of the Incidental Take Permit and benefit from the regulatory streamlining and other benefits of the MSHCP. This includes the identification of the responsibilities of the Local Permittees.13 MSHCP Conservation Requirements The goal of the MSHCP is to enhance and maintain biological diversity and ecosystems processes while allowing future economic growth. The MSHCP calls for an MSHCP Conservation Area of 500,000 acres and focuses on the conservation of 146 species. Figure 1 State of Conservation in 2003: Conserved Land, Additional Reserve Land to be Acquired, and Total MSHCP Conservation Area Needed 600,000 500,000 400,000 Acres 300,000 EEL 65,000 500,000 162,000 153,000 200,000 338,000 100,000 97,000 0 2004 Existing Acquire: Additional Total Public/Quasi Public Reserve Land Land Federal/State Local As shown in Figure 1, when the MSHCP was adopted, existing public and quasi -public conservation lands covered 347,000 acres, leaving a need for 153,000 acres of land, called Additional Reserve Land (ARL), to meet the goals of the MSHCP (see Figure 1). The MSHCP specifies that responsibility for the conservation of the 153,000-acre Additional Reserve Lands is shared by the local development process (97,000 acres) and state and federal purchases (56,000). 13 Local Permittees include the Western Riverside cities, the County of Riverside, County Flood Control and Water Conservation District, County Regional Park and Open Space District, County Department of Waste Resources, and Riverside County Transportation Commission. Economic & Planning Systems, Inc. 10 1-1111r� 101'.. �l,,.mR,�., -=lll o110o l,o k,yll�IookN ,Slar F,� 123o— 0— Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 Table 4 MSHCP Goals by Area Plan Cities of Riverside and Norco 1,756 90 240 165 Eastvale 665 145 290 220 Elsinore 28,946 11,700 18,515 15,110 Harvest Valley / Winchester 820 430 605 515 Highgrove 1,452 345 675 510 Jurupa 5,476 890 1,870 1,380 Lake Mathews / Woodcrest 11,673 3,215 5,470 4,340 Lakeview / Nuevo 14,682 6,650 10,235 8,445 Mead Valley 7,703 1,885 3,635 2,760 Reche Canyon / Badlands 26,000 10,520 15,610 13,065 REMAP 78,423 41,400 58,470 49,935 San Jacinto Valley 32,828 11,540 19,465 15,500 Southwest Area 66,076 22,500 36,360 29,430 Sun City / Menifee Valley 2,059 1,120 1,585 1,355 Temescal Canyon 10,007 3,485 5,800 4,645 The Pass 22,652 8,540 13,925 11,230 Total 311,218 124,455 192,750 158,605 The MSHCP includes methods to determine whether the goals of the Plan are being met. One of the methods is measuring the extent to which conservation acquisitions are moving toward acquisition goals by each Area Plan.14 Area Plans are established in the County's General Plan and are used in the MSHCP as a common geographic unit in Western Riverside County. The MSHCP established low, high, and midpoint acquisition goals for each Area Plan based on biological needs. The midpoint acquisition goals for each Area Plan range from 165 to nearly 49,935 acres, as shown in Table 4. The midpoint goals sum to 158,605 which represents 5,605 acres more than are needed to fulfill the MSHCP goals. As a result, acquisitions in some Area Plans can fall below the mid -point targets while the total ARL can still achieve the 153,000-acre goal. MSHCP Financing Strategy One of the key requirements of the MSHCP, Implementing Agreement, and Incidental Take Permit (consistent with the requirements of the federal Endangered Species Act) is the provision of adequate funding by Local Permittees to the Implementing Entity (the Regional Conservation Authority) to conduct the conservation actions identified in the MSHCP as the responsibility of the Local Permittees. 14 Other geographic units include Rough Steps, city jurisdictions, and Area Plan subunits. For the purposes of this analysis, Area Plans have been selected as the primary unit of analysis because they are the middle-sized unit (smaller than Rough Steps and larger than Area Plan subunits) and have not changed over time (unlike jurisdictions, several of which have incorporated since the adoption of the MSHCP. Economic & Planning Systems, Inc. 11 �k ar o,w000aa o „, .o= w; w= n « .o ,00k, aA�Moo,N. =s d, ,; a, 23o«zoz- Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 Section 8.0 of the MSHCP addresses "MSHCP Funding/Financing of Reserve Assembly and Management." This section provides best estimates of Plan implementation costs at the time of Plan adoption, including the local funding commitment — the portion of Plan implementation costs that represents the Local Permittees' portion of the overall land acquisition, management, monitoring, adaptive management, and Plan administration costs. Section 8.5 describes the Local Funding Program. The Local Funding Program included a mix of funding sources to provide "an equitable distribution of the cost for local mitigation under the MSHCP." The proposed funding sources included Local Development Mitigation Fees, density bonus fees, regional infrastructure project public contributions (including transportation infrastructure, regional utility projects, local public capital construction projects, and regional flood control projects), and landfill tipping fees. Key components of the overall MSHCP implementation and funding strategy are highlighted below: The Regional Conservation Authority would implement the MSHCP with funding from different sources. • The permanent protection of 97,000 acres in Additional Reserve Lands by Year 25 of the Plan (2029) would be achieved through direct purchase of habitat lands by the RCA using local funding and through the HANS dedication process.15 • Local funding sources would fund the ongoing management and maintenance costs of the local portion of the Additional Reserve Lands acquired through local funding (97,000 acres by end of acquisition period). • Local funding sources would fund monitoring activities on the pre -Plan local conservation and all the new Additional Reserve Lands (500,000 acers by end of acquisition period). • The permanent protection of 56,000 acres in Additional Reserve Lands by Year 25 would be achieved using state/federal funding sources or contributions. • State and federal funding sources would fund the management and maintenance costs of the State/federal portion of the required Additional Reserve Lands. • Local Development Mitigation Fees (on private development) would fund the Local Permittee MSHCP implementation costs that were not funded by other local/regional funding sources or public contributions for public development project mitigation. • The overall permit period was set at 75 years. Once habitat acquisition was completed by Year 25, remaining funds along with newly created revenue sources were to be used to fund 15 Section 6.1.1 of the MSHCP describes the HANS process. The Habitat Evaluation and Acquisition Negotiation Strategy (HANS) process applied to any property owner applying for a discretionary permit for land within a Criteria Area/Criteria Cell. Under the process, the County determined whether portions of the property are needed for conservation and then may send their evaluation to the RCA for Joint Project Review (JPR). During JPR, the project applicant negotiated the terms of the development and conservation of the project. The applicant also paid fees on the new development. This approach was refined when a new fee credit policy, adopted in 2016, provided for fee credits where appropriate lands are dedicated. Economic & Planning Systems, Inc. 12 —11111� 101'.."o �l,,.. l .,-=,ll:�,ho o110o l,o k�yll�IookN ,S«ar F,� 123ouzo 0— Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 monitoring and management as well as to fund the establishment of an endowment to cover ongoing post -permit costs (beyond Year 75). Importantly, the MSHCP funding chapter notes that frequent evaluations of the performance of the funding mechanisms and assessments of the funding plan will occur and that any necessary modifications to the funding mechanisms will be developed. MSHCP Implementation Costs and Funding Sources The original estimated costs and proposed funding sources were documented in the MSHCP and are summarized in Table S. These were developed based on research and analysis conducted as part of MSHCP development. As shown, Plan implementation costs over the first 25 years of implementation were estimated at about $950 million in 2004-dollar terms. Key assumptions driving the implementation cost estimates included: • Dedications. Direct acquisition using local funding sources would be required to acquire 56,000 acres, with 41,000 acres (or 42 percent) of the required local habitat protection coming through HANS dedication. • Land Cost. Average land value of $13,100 per acre for Additional Reserve Lands purchased by the RCA. • Management and Monitoring: Management and monitoring costs included three key components as follows: Reserve Management, Adaptive Management, and Biological Monitoring.16 • Program Administration. RCA program administration costs would average about $1.2 million each year in 2004 dollars during the 25-year period where land acquisition was required. • Cost Distribution. Overall, land acquisition costs were estimated at 77 percent of total implementation costs, with management and monitoring at 20 percent, and program administration at 3 percent (see Figure 2). 16 See Chapter 5 of the MSHCP for a description of these activities. Economic & Planning Systems, Inc. 13 —11111� 101'.."o �l,,.. ''l,,-=lll:�,ho o110o l,o k�yll�IookN ,S«ar F,� I23ouzo 0— Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 Table 5 2004 Estimates: MSHCP Implementation Costs and Funding Sources Local Permittee Land Requirements Preservation Requirement 97,000 acres 3,880 acres na HANS Dedication 41,000 acres 1,640 acres na Local Permittee Acquisition 56,000 acres 2,240 acres na Local Permittee MSHCP Implementation Costs Land (1) $733,600,000 $29,344,000 76.91 % Management & Monitoring $190,200,000 $7,608,000 19.94% RCA Staff $30,000,000 $1,200,000 3.15% Other Costs na na na Endowment not included not included na Total Costs $953,800,000 $38,152,000 100.0% Local Revenues Private Development Mitigation Fees $539,600,000 $21,584,000 50.1% Density Bonus Fees $66,000,000 $2,640,000 6.1 % Regional Transportation Infra. (2) $250,000,000 $10,000,000 23.2% Local Roads (Measure A) $121,000,000 $4,840,000 (3) 11.2% Tipping Fees (4) $100,000,000 $4,000,000 9.3% Miscellaneous Revenues (5) $0 $0 0.0% Total Revenues $1,076,600,000 $43,064,000 100% (1) Average land value per acre assumed to be $13,100 per acre. (2) Public contributions at specificed % of new road construction. (3) $121 million to be provided over 10 years, so $12.1 million annually over that period. (4) Includes $90 million from El Sobrante Landfill and $10 million from other County landfills. (5) Other potential revenues, including public contributions from other public projects, tipping fees from Eagle Mountain Landfill, and potential new voter -approved regional funding were noted but not estimated. Source: Chapter 8 of MSHCP; Economic & Planning Systems. Economic & Planning Systems, Inc. 14 Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 Figure 2 MSHCP Estimated Annual Costs in Millions, 2004 Dollars Mangmnt. RCA Staff, & $1.2 , 3% Monitoring $7.6 , 20% $38.1 million total As also shown in Table 5, MSHCP funding from local/regional sources was estimated to be about $1.0 billion in 2004 dollars through Year 25, sufficient to cover the implementation costs over this period. Key assumptions driving the funding estimates included: • Measure A. Measure A (local sales tax transportation funding measure) would provide $121 million over 10 years in 2004-dollar terms. • Regional Transportation Funding. Public contributions from regional transportation infrastructure projects would provide an average of $10 million each year or $250 million through Year 25. • Tipping Fees. Landfill tipping fees would provide about $100 million in revenue over 25 years, about $4 million each year, primarily from the El Sobrante landfill. • Mitigation Fees. Private development fees, including private development mitigation fees and density bonus fees, would generate over $600 million over the first 25 years, about $24 million annually. • Development Forecast and Participation. The forecast of private development fees was based on a preliminary fee schedule and the forecast of 336,000 new residential units (13,440 units each year) and 371 acres each year of commercial and industrial development. All new development was assumed to pay the private development mitigation fee with a portion paying the density bonus fee. • Other Funding Options. Potential additional funding might come through contributions from other local/regional public entities, other landfills, or new voter -approved funding initiatives. • Funding Distribution. Overall, about 55 percent of the estimated funding was expected to be generated by private development fees, with 45 percent from other funding sources. Economic & Planning Systems, Inc. 15 ��� �k r�wwoo��a�3o „,��m, ��o ���o,��no a����.o��,00k��AA�M���N � �ar F,�a, z3oc21,21 a Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 Figure 3 MSHCP Estimated Annual Revenues in Millions, 2004 Dollars Local Roads (Meas. A) , $4.8 , 11% Regional Transp. Infra., $10.0 , 23% Tipping Fees, $4.0 , 10% Density Bonus Fees, $2.6 , 6% $43.3 million total Development Mitigation Fees and Calculation The MSHCP notes that "new development affects the environment directly through construction activity and cumulatively through population bases that result from Development." As a result, the cities and County are required to implement a Local Development Mitigation Fee that was expected to represent one of the primary sources of funding for the implementation of the MSHCP. The MSHCP indicates that the Local Development Mitigation Fee will be adopted under California Government Code Section 66000 et seq. (the "Mitigation Fee Act") that "allows cities and counties to charge new development for the costs of mitigating the impacts of new development." The MSHCP identified preliminary estimates of Local Development Mitigation Fees and indicated that these mitigation fees were expected to generate the majority of funding for Local Permittee obligations. The MSHCP noted that, under the Mitigation Fee Act, "a nexus study is required to demonstrate that the proposed fee is proportionate to the impacts of new development." The Mitigation Fee Act also includes a number of reviewing and reporting requirements. The MSHCP also notes that the fee will need to be "reevaluated and revised should it be found to insufficiently cover mitigation of new development." A nexus study entitled "Final Mitigation Fee Nexus Study Report for the Western Riverside County Multiple Species Habitat Conservation Plan" was completed on July 1, 2003 (2003/Original Nexus Study). This nexus study conducted a detailed analysis of the costs of implementing the Plan, identified the Local Permittee funding obligations, determined the portion to be funded through the Local Development Mitigation Fee, and made the necessary nexus findings under the Mitigation Fee Act. The MSHCP and 2003 Nexus Study both indicated that all new development in the Western Riverside County Plan Area affects covered species and habitat and so the Local Development Mitigation Fees would apply to all new development in participating jurisdictions in Western Riverside County. Economic & Planning Systems, Inc. 16 Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 Mitigation Fee Schedule and Adjustments All local jurisdictions participating in the MSHCP and obtaining coverage for public and private take in their jurisdictions were required to adopt and implement this mitigation fee schedule through ordinance and resolution and then to pass through the fee funding (minus any additional administrative charges) to the RCA to fund MSHCP implementation. Indexed -increases based on the annual change in the Consumer Price Index for the Los Angeles -Anaheim -Riverside area were provided for in the ordinances to allow modest adjustments in mitigation fees to respond to inflationary cost increases. Due to the geographic revision implemented by the Bureau of Labor Statistics, going forward indexed -adjustments will be based on the annual change in the Consumer Price Index for the Riverside -San Bernardino -Ontario area. Table 6 shows the original 2004 Local Development Mitigation Fee schedule and current 2021 Fee schedule that reflects periodic inflationary fee adjustments using the indexing process. Table 6 2004 and 2021 MSHCP Fee Schedule Residential: Up to 8.0 dwelling units per acre (DUAC) Residential: 8.0-14.0 DUAC Residential: 14.0+ DUAC Commercial (per acre) Industrial (per acre) 004 Fee per unit or per acre 2021 Fee per unit or per acre Economic & Planning Systems, Inc. 17C. � awoo�aua�,M, �aRw,eow.r�e��e �re .one aa�M��e..� aozo.a� 3. HABITAT PROTECTION TO DATE AND FUTURE CONSERVATION SCENARIO The RCA has achieved substantial levels of habitat protection to date using the funding sources established and the associated variable flows of incoming revenues. The level of habitat protection achieved, because of lower levels of funding and land dedication than expected, has however fallen behind the pace of protection forecast in the Original Nexus Study. This chapter summarizes the achieved protection to (1) establish both the scale of future acquisitions required to meet the overall Additional Reserve Land (ARL) goals, (2) consider the annual pace of habitat protection through acquisitions and dedications in absolute terms and relative to the original MSHCP forecasts, and (3) inform the development of the Conservation Scenario that forms the baseline (project description) for estimating future MSHCP implementation costs and associated funding requirements and updated mitigation fees. Habitat Protection Accomplishments Through 2019 Between the start of the MSHCP program and the end of 2019, the most recent full calendar year, about 40 percent of the 153,000-acre ARL target has been achieved, totaling almost 62,000 acres in acquisitions, easements, or dedications (see Table 7).17 As shown of the 97,000 acres in Local Permittee ARL obligation about 40,200 acres had been protected by the end of 2019. Of the 56,000 acres in State/Federal ARL obligation, about 21,600 acres have been protected to date. Table 7 Conservation Through End of 2019 Local 97,000 4,531 State + Fed 56,000 12,408 Total 153,000 16,939 35,681 9,200 44,881 40,212 21,608 61,820 Sources: Western Riverside County Regional Conservation Authority MSHCP Annual Reports; RCA information on 2019 purchases; Economic & Planning Systems, Inc. Conservation Goals and Progress 56,788 34,392 91,180 The MSHCP anticipated that acquisition would take place for 25 years, through the end of 2029, with 97,000 acres conserved through local means and 56,000 acres conserved with State/federal funding. To achieve this goal, an average of 6,120 acres of conservation is required each year, 17 Note that while the MSHCP was adopted in 2004, certain conservation which took place between 2000 and 2003 was counted toward the MSHCP reserve. Economic & Planning Systems, Inc. 18 woo�� o M,,o=o« ow= o� o o .o ,00k„AA�MooN a ar F, a, 3o zo 000 Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 including an average of 3,880 annually from local funding sources/dedications and 2,240 annually from State and federal conservation. Figure 4 illustrates how steady progress would result in achievement of the ARL goals by 2029. Figure 5 shows actual progress toward the goals, through 2019. More than 21,000 acres have been conserved through State/federal means, and over 40,000 acres have been conserved through local actions. These totals sum to about 40 percent of the total ARL goal of 153,000 acres. As shown in Figure 5, with 16 years of the 25-year acquisition period completed, the ARL acquisitions have fallen behind the pace forecast in the Original Nexus Study. Protection through the end of 2019 represents 63 percent of the original forecast (65 percent for Local obligations and 60 percent for State/federal obligations). For the Local Permittee obligations, as discussed further below, the lower level of land dedication relative to the original forecasts account for much of the habitat protection gap that has emerged over the last 16 years. Figure 4 MSHCP Conservation Goals, 2019 and 2029 Goals Highlighted MSHCP Goals, 2019 and 2028 Highlighted 180,000 — 160,000 — 140,000 120,000 _ _ _ _ 56,0001 100,000 80,000 60,000 40,000 20,000 Ell -:T Ln l0 r� W M O -1 N M TT V1 l0 I- W M O 1-1 N M ItT V1 l0 r� W O O O O O O -- c-1 .--1 r-I r-I r-I -- r-I r-I r-I N N N " N N N N N O O O O O O O O O O O O O O O O O O O O O O O O O N fV N N N N N N N N rI4 N N N N N N N N N N N N N N Local State/Fed Economic & Planning Systems, Inc. 19 23o— 1- Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 Figure 5 Progress Towards ARL Through End of 2019 v U Q 100,000 90,000 80,000 70,000 60,000 50,000 40,000 30,000 20,000 10,000 ■ Acclu. through 2019 ■ Remaining Need % of 2019 Expected Goal Achieved % of Total Goal Achieved 65% 60 % 97,000 39% 4 56,000 Fed+State Local 21,608 40,212 34,392 56,788 60% 65% 39% 41% Total 61,820 91,180 63% 40% 100% 90% 80 % 70 % 60 % 50% 40 % 30% 20 % 10% 0% Sources: Western Riverside County Regional Conservation Authority; Economic & Planning Systems, Inc. Land Dedications The MSHCP envisioned a conservation program where land and easements would be purchased by the RCA and land would be dedicated to the RCA through the development process.18 In addition, the potential for no -cost and low-cost donations for tax benefit purposes was also created. The MSHCP did not assume donations or conservation easement acquisitions as part of its financial analysis (this is appropriate given the limited number of such transactions). The MSHCP did, however, anticipate that 41,000 acres would be conserved through dedications, 56,000 acres through purchases on behalf of local permittees, and 56,000 acres through purchases conducted by or funded by federal and State agencies/sources for a total of 153,000 acres. For the local portion of the goal (97,000 acres), this translates into about 42 percent of the goal conserved via dedications associated with the development review process —called Habitat Evaluation and Acquisition Negotiation Strategy (HANS)—and the other 58 percent purchased by the RCA from willing sellers. The level of dedication is a key assumption for the MSHCP implementation cost estimate as each acre dedicated through HANS is one fewer acre which must be conserved through land acquisitions at market values. The HANS process was established to apply to developments proposed within the Criteria Cells of the MSHCP Study Area. The Criteria Cells represent areas with high conservation values relative to the areas outside of the Criteria Cells. The HANS process was designed to indicate what conservation (dedication) may be needed from new development from a biological needs 18 This process is known as the Habitat Evaluation and Acquisition Negotiation Strategy (HANS). Economic & Planning Systems, Inc. 20awoo�aua�,M, �aRw,eow.r�e��e �re .one aa�M��e..aoo.a� Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 perspective. Subsequent to that technical analysis, applicants could then proceed to the Joint Project Review (JPR) process during which the parties negotiate an implementation plan for the project, consistent with the HANS findings. The applicants would also pay mitigation fees on the actual development. To date, a modest amount of land (less than 1,000 acres) has been conserved via the HANS/JPR method compared to the 26,000 acres that was forecast to have occurred by this point in the MSHCP implementation. While very little land has been dedicated to the RCA through HANS/JPR, several projects went through the HANS/JPR process and have agreements in place for dedication/conservation of lands, but the start date (if any) for these projects is unknown (i.e., may be far in the future). These projects cover about 35,000 acres in the Criteria Cells and, under the JPR agreements, have set aside about 30 percent of that total or about 10,000 acres for conservation/dedication. The adoption of Resolution No. 2016-003 in September 2016 revised the RCA's fee credit and waiver policy. This resolution indicated that MSHCP fee credit should be provided in exchange for land that contributes to reserve assembly. As a result, after the adoption of this resolution, new development is not be expected to pay mitigation fees and dedicate land in the manner originally envisioned in the MSHCP limiting the likelihood of the types of dedications envisioned in the Original Nexus Study. Future Conservation Scenario This updated financial analysis, nexus study, and mitigation fees estimate require a base description of the additional habitat protection required. In subsequent chapters, cost estimates are developed in reference to, and in application to, this conservation scenario to develop the overall implementation costs and the associated funding required, both in aggregate and through time during the land acquisition period of the program. Four questions are of particular importance: 1. Remaining Habitat Protection. The amount of habitat protection required to meet the MSHCP requirements. 2. Dedications. The amount of land dedication assumed to occur through the HANS/JPR process over the habitat protection period and the associated amount of habitat that must be acquired. 3. Time Frame. The period over which habitat protection goals must be met. 4. Land Characteristics. The characteristics of the land to be protected to meet MSHCP requirements (e.g., goals by Area Plan, habitat cores and linkages etc., land use designations and parcel sizes). The answers to question 1 are provided in the data above (see Table 7). The answer to question 4 is provided in the subsequent chapter on land costs, with illustrative answers coming from RCA data and GIS analysis. The answer to question 2 is addressed below and is based on information on accomplishments to date (described above), discussions with RCA staff, the current Fee Waiver and Credit Policy, and an assessment of realistic opportunities and expectations. Finally, question 3 raises the issue of whether an extension to the MSHCP land acquisition implementation period should be provided. As described below, three different Economic & Planning Systems, Inc. 21 —11111� 101'.."o �l,,.. ''l,,-=lll:�,ho o110o l,o k�yll�IookN ,S«ar F,� I23ouzo 0— Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 extension scenarios (5-, 10-, and 15-year extension scenarios) are evaluated, as well as the baseline, "No Extension Scenario," to indicate the outcomes under different scenarios. Habitat Protection, Land Dedication, and Conservation Scenarios As shown in Table 8, there is a total of about 91,200 acres of land protection still required to complete the land protection obligations under the MSHCP and to bring the Additional Reserve Lands to 153,000 acres. Of this, the State/federal requirements is for about 34,400 acres, while the Local Permittee requirement is for about 56,800 acres. The experience of the last 16 years indicates that the MSHCP was overly optimistic in terms of land dedications, assuming that 41,000 acres would be dedicated to the RCA. As noted above, about 10,000 acres of potential future land dedication is associated with a range of previously proposed projects. Based on historical information on actual, dedications agreements on proposed projects, current RCA policy, and consultations with RCA staff, minimal additional dedication is expected or assumed. This analysis, therefore, assumes that the prior agreement concerning dedications, summing to about 10,000 acres, will be secured over the next eight years and prior to the end of the current habitat protection period. Even if the implementation period were extended, no extra land dedication is forecast to occur. As a result, and as shown in Table 8, a total of about 46,800 acres of Additional Reserve Land acquisition is required by Local Permittees for MSHCP implementation once the forecast of dedications is incorporated. As shown in Table 8, the required average annual pace of habitat protection varies considerably under the different acquisition period extension scenarios, as described below: 19 Baseline/No Extension Scenario. As currently structured, RCA is required to complete land acquisition by the end of Year 25 of Plan implementation in 2029. This provides nine (9) years to protect the 47,000 acres through direct land acquisition (distinct from the assumed dedications), an average annual acquisition pace of about 5,200 acres each year. • 5-Year Extension. With a 5-year extension to the acquisition period, the RCA would be required to complete land acquisitions by the end of Year 30 of Plan implementation in 2034. This provides fourteen (14) years to protect the 47,000 acres through direct land acquisition (distinct from the assumed dedications), an average annual acquisition pace of about 3,300 acres each year. 10-Year Extension. With a 10-year extension to the acquisition period, the RCA would be required to complete land acquisitions by the end of Year 35 of Plan implementation in 2039. This provides nineteen (19) years to protect the 47,000 acres through direct land acquisition (distinct from the assumed dedications), an average annual acquisition pace of about 2,500 acres each year. 19 As a point of reference, the historical pace of Local Perm ittee-d riven habitat protection has been somewhat above 2,000 acres each year with availability of funding being an important determinant of the pace of acquisition. The pace of State/federal-driven acquisition has averaged about 1,000 acres each year. Economic & Planning Systems, Inc. 22 —,=,kr� 101'.."o �l,,.. ''l,,-=lll:�,ho o110o l,o k�yll�IookN ,S«ar F,� I23ouzo 0— Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 15-Year Extension. With a 15-year extension to the acquisition period, the RCA would be required to complete land acquisitions by the end of Year 40 of Plan implementation in 2044. This provides twenty-four (24) years to protect the 47,000 acres through direct land acquisition (distinct from the assumed dedications), an average annual acquisition pace of about 2,000 acres each year. Economic & Planning Systems, Inc. 23 230uzo 0- Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 Table 8 Required Acquisition Acres to Achieve ARL Goals NO EXTENSION State/Federal 21,608 34,392 9 3,821 56,000 Local HANS Dedication (1) 715 10,000 9 1,111 10,715 Net Local Acquisition 39,497 46,788 9 5,199 86,285 Total Local Conservation 40,212 56,788 9 6,310 97,000 State/Federal + Local = ARL Goal 61,820 91,180 9 10,131 153,000 5 YEAR EXTENSION State/Federal 14 2,457 56,000 Local HANS Dedication See above 14 714 10,715 Net Local Acquisition 14 3,342 86,285 Total Local Conservation 14 4,056 97,000 State/Federal + Local = ARL Goal 14 6,513 153,000 10 YEAR EXTENSION State/Federal 19 1,810 56,000 Local HANS Dedication See above 19 526 10,715 Net Local Acquisition 19 2,463 86,285 Total Local Conservation 19 2,989 97,000 State/Federal + Local = ARL Goal 19 4,799 153,000 15 YEAR EXTENSION State/Federal 24 1,433 56,000 Local HANS Dedication See above 24 417 10,715 Net Local Acquisition 24 1,950 86,285 Total Local Conservation 24 2,366 97,000 State/Federal + Local = ARL Goal 24 3,799 153,000 20 YEAR EXTENSION State/Federal 29 1,186 56,000 Local HANS Dedication See above 29 345 10,715 Net Local Acquisition 29 1,613 86,285 Total Local Conservation 29 1,958 97,000 State/Federal + Local = ARL Goal 29 3,144 153,000 1. About 10,000 acres of potential future land dedication is associated with a range of previously proposed projects. Based on historical information on actual, dedications agreements on proposed projects, current RCA policy, and consultations with RCA staff, minimal additional dedication is expected or assumed beyond these agreements. This analysis, therefore, assumes that the prior agreements concerning dedications will occur with future dedications summing to about 10,000 acres. The precise timing of these dedications is uncertain, but are assumed to occur over the next eight years. Average annual numbers in this table are shown distributed across the full remaining acquisition period of each extension scenario. Shading indicates acreage to be acquired with fee revenue. Sources: Western Riverside County Regional Conservation Authority; and Economic & Planning Systems, Inc Economic & Planning Systems, Inc. 24 4. FORECASTS OF DEVELOPMENT, DEDICATION, FEE PAYMENT Future development within Western Riverside County will both reduce land available for conservation while also serving as a primary funding mechanism for habitat acquisitions. This chapter identifies forecasts of future growth in Western Riverside County and develops an associated forecast of land development that is a key component of the fee calculation. Historic Development and HCP Fees The MSHCP anticipated that 13,000 to 14,000 residential units and about 370 commercial and industrial acres would be developed on average annually. Specifically, between 2005 and 2019, 206,000 residential units were expected in the Plan Area. A review of new units in the Plan Area indicates about 130,000 units were developed over the period (see Figure 6), about 37 percent below the forecast.20 While the substantial volatility in the real estate market over the period (including the housing boom, deep recession, and modest recovery) may explain some of this difference, the slower pace of development means that fee revenues have been similarly constrained relative to the original revenue projections. Figure 6 Residential Unit Development, Western Riverside County, 2005-2019 250,000 200,000 tn m 150,000 a ;a a 0 100,000 a, E 3 z 0 76,000 Source: California Department of Finance; MSHCP Projections Projected Actual 20 Actual units developed have been derived from the California Department of Finance (DOF), Demographics Unit information through January 1, 2019. Note that the DOF reports data by city and for the entire Riverside County unincorporated area. Western Riverside's portion of the total unincorporated area has been derived based on the area's historic share of unincorporated County, taking into account the incorporations of new cities that occurred in Western Riverside County since MSHCP Plan adoption (Eastvale, Jurupa Valley, Menifee, and Wildomar). Economic & Planning Systems, Inc. 25 230-0,1- Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 Growth Projections SCAG Forecasts in Context The Southern California Association of Governments (SCAG) is a Metropolitan Planning Organization (MPO)21 representing six counties, 191 cities and more than 18 million residents. MPOs, such as SCAG are charged under California Senate Bill 375 with developing Sustainable Community Strategies (SCSs) as part of regional transportation plans. SCAG's SCS includes population, household, and job projections through 2040 by city and unincorporated area. SCAG consults with local governments within the region, including the Western Riverside Council of Governments (WRCOG) which represents Western Riverside County, to develop the projections. SCAG adopted the 2012-2040 Regional Transportation Plan/Sustainable Community Strategy (RTP/SCS) in 2016. The 2016 RTP/SCS forms the basis of the SCAG projections; EPS extrapolated an annual growth rate from the SCAG projections and, assuming consistent development trends through 2050, applied the rate in order to estimate development projections through 2050. SCAG forecasts for the future, on an annualized basis, were compared with the MSHCP's original forecast along with historical information (when available) as described further below: Residential Development Forecast. Figure 7 shows, for Western Riverside County, the annual residential unit count for SCAG projections through 2050, MSHCP projections through 2029, and residential units produced in Western Riverside County between 2005 and 2019. As shown, the SCAG projections suggest about 8,750 units each. This is similar to the average annual historic pace of growth between 2005 and 2019 of about 9,260 units, but well below the original MSHCP projections of about 13,400 units each year. Based on the similarity between the historical average and the SCAG forecast, the SCAG forecast is considered a reasonable basis for determining the future pace of residential development and associated residential land development (based on assumed densities of development). • Commercial Development Forecast. The SCAG jobs forecast of about 15,000 jobs each year was converted into an annual gross amount of commercial/industrial development using the employment density and FAR assumptions used in the most recent Transportation Uniform Mitigation Fee (TUMF) update documents. As shown in Figure 8, this results in a forecast of about 690 acres of commercial/industrial land development each year (representing an overall average of about 21 jobs per acre of development), considerably above the original MSHCP projections of about 370 acres each year. The higher SCAG number, however, appears reasonable given recent and ongoing trends in Western Riverside County where substantial amounts of new logistics/distribution development have occurred covering substantial land areas and, as such, is considered reasonable as the basis of the future forecast of commercial/industrial land development. 21 Federal law requires that an urbanized area with a population of at least 50,000 be guided by a regional entity known as an MPO. California's Senate Bill 375 expands the role of the State's 18 MPOs to include regional plans that help the State reach its greenhouse gas reduction targets by encouraging compact development and new development near public transit. Economic & Planning Systems, Inc. 26 —11111� 101'.."o �l,,.. ''l,,-=lll:�,ho o110o l,o k�yll�IookN ,S«ar F,� I23ouzo 0— Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 Figure 7 New Housing Units per Year, SCAG and MSHCP Projections and Historic Production (2005-2019) SCAG (2012-2040) and MSHCP Projections (2004-2029) and Historic Production (2005-2019) 16,000 - 14,000 12,000 10,000 8,747 8,000 6,000 4,000 2,000 13,440 SCAG MSHCP Figure 8 Newly Developed Commercial Acres per Year SCAG (2012-2040) and MSHCP Projections 800 700 600 500 400 300 200 100 0 Historic SCAG MSHCP Note: SCAG job projections converted into acres by EPS Economic & Planning Systems, Inc. 27 Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 Forecasts for Fee Calculation For this fee program update, the SCAG projections are considered a reasonable basis for forecasting future land development. Because all new development is expected to pay the mitigation fee, all of the forecasted household and job growth is converted into a land development forecast that is, in turn, used to calculate the mitigation fees. Table 9 shows SCAG's overall projections for households and employment in Western Riverside County between 2012 and 2050, and Table 10 shows the implied average annual land development rates, and, in turn, the overall level of residential and commercial/industrial land development that would be expected to occur through the end of the land acquisition period for each of the extension scenarios.22 As shown, all scenarios assume an overall average annual land development of 2,252 acres each year, including 693 acres in commercial/industrial land development and 1,558 acres in annual residential land development.23 • Baseline/No Extension Scenario. Under the no extension scenario, a total of 20,265 acres of land development is expected to occur during the remaining Plan implementation period of nine (9) years and would pay the mitigation fees. • 5-Year Extension. Under the 5-year extension to the acquisition period, a total of 31,523 acres of land development is expected to occur during the remaining Plan implementation period of 14 years and would pay the mitigation fees. • 10-Year Extension. Under the 10-year extension to the acquisition period, a total of 42,782 acres of land development is expected to occur during the remaining Plan implementation period of 19 years and would pay the mitigation fees. • 15-Year Extension. Under the 15-year extension to the acquisition period, a total of 54,040 acres of land development is expected to occur during the remaining Plan implementation period of 24 years and would pay the mitigation fees. 22 Under the MSHCP, all new development is required to pay the mitigation fee and contribute to funding the implementation of the MSHCP except where specifically exempted in the Ordinance. 23 The 1,558 acres of residential land development was derived based on the forecasted 8,747 residential units each year and assumptions concerning distribution by density category and an average density level. More specifically, consistent with the recent TUMF analysis assumptions, 70 percent of new residential units are assumed to be in the low density category (less than 8 units per acre) with an average of 4.5 units/acre, 20 percent are assumed to be the medium density category (8 to 16 units per acre) with an average of 10.8 units/acre, and 10 percent are assumed to be the high density category (over 16 units per acre) with an average of 24.4 units/acre. The unit per acre factors are consistent with those indicated in the Original Nexus Study. The overall implied average residential density is 5.6 units/gross acre. Economic & Planning Systems, Inc. 28 Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 Table 9 Projected Growth in Western Riverside County, through 2050 2012 2040 Projection 2050 Projection (1) New Households/Jobs Expected by 2050 Average Annual 530,970 463,833 775,882 869,792 863,350 1,014,777 332,380 550,944 8,747 14,499 (1) SCAG projections forecast growth through 2040. EPS assumes the annual growth rate from 2012 to 2040 remains constant through 2050 and applies the rate to an additional 10 years in order to project growth through 2050. Sources: Southern California Association of Governments; Economic & Planning Systems, Inc. Economic & Planning Systems, Inc. 29 0-1-1--d Fla, -0- Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 Table 10 Projected Developed Acres in Western Riverside County, by Extension Scenario PWSCAGIM L J Proportionate Share 2020-2028' New Development to Acres2 Acres of New Development Through 2028 Acres per Year Proportionate Share 2020-2034' New Development to Acres2 Acres of New Development Through 2034 Acres per Year Proportionate Share 2020-2038' New Development to Acres2 Acres of New Development Through 2038 Acres per Year Proportionate Share 2020-2043' New Development to Acres2 Acres of New Development Through 2043 Acres per Year WWestern Riverside MSHCP Plan Area Residential Non Residential 14,026 Acres 6,239 Acres 20,265 Acres 1,558 Acres 693 Acres 2,252 Acres 5 Year Extension 122,456 Households 202,979 Jobs 21,818 Acres 9,705 Acres 31,523 Acres 1,558 Acres 693 Acres 2,252 Acres 10 Year Extension 166,190 Households 275,472 Jobs 29,611 Acres 13,171 Acres 42,782 Acres 1,558 Acres 693 Acres 2,252 Acres 15 Year Extension 209,924 Households 347,965 Jobs 37,403 Acres 16,637 Acres 54,040 Acres 1,558 Acres 693 Acres 2,252 Acres (1) SCAG forecasts from the 2016 Report have been used for all cities in Western Riverside County. The projections for the entire unincorporated area in Riverside have been split into just the Western part of the County through a review of WRCOG's recent proportion of unincorporated growth, compared to the whole County. (2) Conversion from household projections to residential acres of developed land is based on expected development mix and average residential density by land use type, with an average residential density of 5.6 DUAC. Similarly, conversion from job projections to nonresidential acres of developed land is based on distribution of jobs by workspace type and average employment density by land use type, with an average nonresidential density of 21 jobs per land acre. Residential density assumptions are based on data from the Census and California Department of Finance; Employment density assumptions are based on SCAG data. Sources: California Department of Finance; US Census Bureau; Southern California Association of Governments; Economic & Planning Systems, Inc. Economic & Planning Systems, Inc. 30 �u� a wPo�aua�,M,r�oR w, r.e� a �re .o aA�Moo . =s d. Fl a, ziozo.a� 5. MSHCP IMPLEMENTATION COSTS This chapter describes the analysis and assumptions that underpin the estimation of the total remaining MSHCP implementation costs in 2019 dollars. Key cost factors evaluated include land costs, management and monitoring costs, administration and professional services costs, and endowment costs. Together these cost components form the total MSHCP implementation costs. Because the duration allowed for land acquisition and endowment establishment affect several of these cost items, distinct total implementation cost estimates are provided for all scenarios (i.e., Baseline/ No Extension and the three extension scenarios). Land Costs Planning -level estimates of the per acre values associated with potential Additional Reserve Land (ARL) acquisitions are a critical input into the estimation of total land acquisition costs associated with Plan implementation. Land acquisition costs represented the majority of the original estimates of MSHCP implementation costs. This chapter provides planning -level estimates of per acre land conservation costs in 2019-dollar terms based on available information. In combination with assumptions concerning the characteristics of the Additional Reserve Lands to be acquired and potential levels of dedication, the per acre land value estimates drive the estimate of overall land acquisition costs. Actual per acre habitat conservation costs may vary from the average planning -level estimates presented in this chapter for a number of reasons, including differences in the specific characteristics of the actual parcels acquired as well as fluctuations in economic, real estate, and land market conditions over time. Individual transactions will require appraisals to establish their value at the time of acquisition based on parcel characteristics and pertinent market conditions at the time of appraisal. Over time, per acre and overall cost estimates typically change for a number of reasons as discussed further in Chapter 9. MSHCP/Original Nexus Study The initial adoption of the mitigation fees was based on a nexus study completed in July 2003 that included a land valuation analysis that was completed in December 2002. The land valuation analysis assumed the acquisition of vacant and unentitled lands in the Criteria Cells. The land value analysis provided planning -level estimates of per acre land values by grouped land use designation and by Area Plan. Planning -level land value estimates were based on sales comparables. The land value estimates indicated per acre land values that were primarily driven by differentiation in land use category. The land use designation categories represent groupings of the broad number of land use designations present in the Study Area. Table 11 summarizes the per -acre land value ranges and resulting averages. Based on this analysis, an overall weighted average of $13,100 per acre was applied in the MSHCP financial sections in the Original Nexus Study. Economic & Planning Systems, Inc. 31 C �U= ,�kn o,woo L �Mft ld11 1 ,o 111�Moo N «ar F, a,1-11zo - Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 Table 11 Per -Acre Land Value Estimates-2003 Dollars (2003 Nexus Study) Land Use Designation Value Range Resulting Average Open Space $2,500 to $10,000 per acre $ 8,000 per acre Rural/Agricultural $5,000 to $25,000 per acre $11,000 per acre Community Development $20,000 to $80,000 per acre $45,000 per acre Overall (1) $2,500 to $80,000 per acre Varied (1) * Per acre values rounded to the nearest 1,000. (1) Reported overall average land value per acre depends on mix of land types. Number varies by documents, though $13,100 per acre was overall value applied in the MSHCP financing sections. Source: Original 2003 Nexus Study RCA Experience to Date Table 12 summarizes average RCA land acquisition costs to date. Including land purchased shortly before the MSHCP was adopted through the end of 2018, costs for Local Permittee land acquisitions summed to $352.5 million in nominal dollar terms, an average of $9,400 per acre. However, for the year 2018, about 2,100 acres were acquired at the higher average per acre cost of $13,200 per acre. Table 12 Local Conservation Costs Through 2018 Total Acres Acquired (1) 37,547 2,066 Total Cost (millions) $352.5 $27.4 Cost per Acre (Nominal $s) $9,400 $13,200 (1) Includes all acres purchased; does not include acres conserved via easement. Sources: Western Riverside County Regional Conservation Authority MSHCP Annual Report 2018; Economic & Planning Systems, Inc. To date, the overall historical level of per acre land acquisition expenditures is well below the original 2004 per acre land value estimates. The cost of RCA acquisitions during this timeframe were kept relatively low by concentrating more on lower cost parcels (larger parcels in remote areas with limited development potential). In 2018, as in the future, the average cost per acre is expected to be higher than this historical average due to the characteristics of land still needing to be acquired. New Land Value Analysis and Conclusions New 2019 per acre land value estimates were developed based on recent historical transactions as reported in the sales comparables sections of appraisals conducted for RCA acquisitions. This data set provided a substantial inventory of over 150 land sales between 2012 and 2017 that supported conclusions concerning per acre land values by key land value characteristic. Economic & Planning Systems, Inc. 32 —11111� 101'.."o �l,,.. ''l,,-=lll:�,ho o110o l,o k�yll�IookN ,S«ar F,� I23ouzo 0— Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 Similar to the Original Nexus Study, land values were determined to be substantially affected by land use designation and by parcel size. Land values were developed for twelve different value categories based on combinations of three land use designations and four different size ranges. Based on the land valuation data and detailed GIS analysis by RCA staff, parcels were divided into three groups of development potential based on their land use designation:24 • Open Space. Low development potential land use designations included open space, rural mountainous, and rural residential. • Rural. Medium development potential land use designations include agriculture and rural communities land use designations. • Community Development. High development potential land use designations include all community development designations, including residential, non-residential, and other community development designations. In addition to these three land use designation groupings reflecting different levels of development potential, parcels were also divided by parcel size. The land value information indicated a per acre value distinction between the following parcels sizes: • Parcels less than 5 acres. • Parcels between 5 and 20 acres. • Parcels between 20 and 80 acers. • Parcels over 80 acres. Based on the analysis of the sales comparables, Table 13 shows the planning level per acre land value by land use designation grouping/size range in 2017 dollars. Table 13 Planning Level Per Acre Land Value Estimates by Category Open Space Rural Community Development $11,761 $5,091 $33,363 $11,553 $177,414 $76,050 $3,949 $8,337 $72,369 $1, 866 $5,531 $24,335 1. Most land sale comparables used for pricing are from 2013 to 2017 and were converted to 2017 dollars using BLS CPI adjustments for the Los Angeles -Riverside -Orange County area. Sources: Economic & Planning Systems, Inc. 24 RCA staff developed a consistent set of land use designation categories across different jurisdictions in the Study Area for the purposes of this study. These formed the basis of the development potential categories. Economic & Planning Systems, Inc. 33 Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 The average land value per acre for future RCA acquisitions is dependent on the different land values per acre as well as the expected distribution of future acquisitions. The actual land to be acquired is uncertain and is dependent on the availability of land through willing sellers. However, based on the conservation needs by Area Plan, the suitable land available for protection, as well as the specific linkages that must be created between the core reserve areas, RCA staff provided sufficient information for EPS to develop a general expression of parcels by characteristic to support the land value analysis. An illustration of the expected distribution of acres by land use designation and size range is provided in Table 14. Table 14 Illustrative Distribution of Land Acquisitions by Land Use and Size Open Space 535 1,531 3,626 4,654 10,346 Rural 1,901 17,241 26,802 29,428 75,371 Community Development 638 1,707 3,613 4,384 10,342 Total Purchases by Acreage 3,074 20,479 34,041 38,466 96,059 1. Conservation scenario analysis was conducted in 2017 so overall acres acquired more than those required as of end of 2019. Sources: RCA; Economic & Planning Systems, Inc. Applying the per acre land values in Table 13 to the illustrative land conservation distribution in Table 14 provides an estimate of the aggregate land value, supporting the estimate of the average planning level land value per acre in 2017-dollar terms (see Table 15). Table 15 Aggregate Land Value of Remaining Areas (2017 dollars) Open Space $6,292,633 $7,795,633 $14,319,467 $8,682,942 Rural $63,411,345 $199,183,566 $223,437,526 $162,777,034 Community Development $113,198,910 $129,817,405 $261,456,200 $106,682,740 Total Cost of Purchases $182,902,887 $336,796,603 $499,213,192 $278,142,716 % of Total 14% 26% 38% 21% 1. This table is the average land value per acre multiplied by the Conservation Scenario. See Table E-1 and E-2. Sources: RCA; Economic & Planning Systems, Inc. $37, 090, 674 $648, 809, 470 $611,155,254 $1,297,055,399 100% Economic & Planning Systems, Inc. 34 Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 As shown in Table 15, the aggregate land value of the approximately 96,000 acres remaining to be protected as part of the MSHCP as of 2017 is estimated at about $1.3 billion in 2017 dollars. This represents an average land value of about $13,500 per acre. To convert this land value into 2019 dollars terms (similar to the rest of the analysis), EPS indexed the value to about $14,300 per acre in 2019-dollar terms.25 Other Costs —Administration, Management, and Monitoring Program administration, reserve management, and reserve monitoring are required functions that require annual funding. The forecasts for each of these cost categories are described below. Administration and Professional Service Costs The Western Riverside County Regional Conservation Authority is responsible for implementing the MSHCP. Since 2004, RCA staff members have directed the acquisition, management, and monitoring of the local portion of the Additional Reserve Land (ARL) required by the MSHCP, monitored State and federal Public/Quasi-Public lands and the State and federal portions of the ARL, and undertook all of the administrative tasks associated with maintaining the permit. Costs categorized in this fee study under MSHCP administration include all RCA staff costs and other costs like building rents and average expenditures on non -acquisition related professional services that are not anticipated to vary as the size of the ARL increases. The forecast for the acquisition period assumes that these costs will remain at approximately $4.2 million in constant 2019 dollars, increasing with inflation but not increasing as the size of the ARL grows (see Table 16). This includes salaries and benefits of about $2.3 million annually and about $1.5 million in professional services, supplies, and other costs. 25 Two years of inflation (2017 - 2019) based on by BLS CPI adjustment for Riverside -San Bernardino -Ontario Metro Area. Economic & Planning Systems, Inc. 35 —11111� 101'.. �l,,.. �.,-=lll:�,ho, o110o l,o k,yll�IookN ,S«ar F,� 123ouzo 0— Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 Table 16 Administrative and Professional Services Costs Total Salaries and Employee Benefits $2,219,261 $2,288,495 Professional Services and Supplies Environmental Legal $394,320 $406,621 Auditing, Accounting & Financial Services $101,717 $104,891 GIS Services $10,000 $10,312 Personnel Services $13,920 $14,354 Real Estate Services $653,774 $674,169 Other Services $247,979 $255,715 Subtotal $1,421,710 $1,466,062 Other Charges $388,145 $400,254 Total $4,029,116 $4,154,811 (1) Three year average CPI -adjusted by one year, the average of the annual CPI adjustments for the three years. Sources: Western Riverside County Regional Conservation Authority; Bureau of Labor Statistics; Management and Monitoring Reserve Management The MSHCP describes reserve management activities focused on maintaining and improving habitat conditions and ecosystem functions including habitat and landscape -based activities and species -specific activities. For the purposes of this analysis, the average per acre cost estimate for Reserve Management as reported in the RCA actual spending for FY 2018-19 has been used to inform cost projections through the full acquisition period. Because RCA staff and relevant contractors have indicated that the current spending on staff capacity is not adequate to accomplish necessary management with existing land holdings, additional staffing and associated expenditures have been added to the current reserve management expenditures. Specifically, three new full time equivalent (FTE) positions are added to the current 2019 spending for reserve management. Overall, the 2019 per acre reserve management cost of $25.39 per acre was adjusted to $32.70 per acre (2019 dollars) to account for three new mid -level park ranger FTEs. While as of the end of 2019 about 40,200 acres were under management, ultimately, reserve management activities will cover the entire 97,000 acres to be acquired by the RCA. Biological Monitoring The purpose of biological monitoring is to provide Reserve Managers with information and data upon which reserve management decisions will be made. According to the MSHCP, the monitoring program must provide "sufficient, scientifically reliable data for Reserve Managers to assess the MSHCP's effectiveness at meeting resource objectives and achieving or maintaining a Economic & Planning Systems, Inc. 36 ��, «ar rwpp���La.i�M, ftI ,� .�lNe��.��,N�LO, �kl���l�SS d� fl�. zip O.a Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 healthy MSHCP Conservation Area in perpetuity." Unlike the RCA's reserve management activities which are limited to local ARL acres, the RCA will ultimately be responsible for monitoring all 500,000 acres of the reserve lands mandated under the MSHCP. The acreage currently being monitored totals roughly 408,000 acres. For the purposes of this analysis, the $1.1 million annual cost estimate based on FY 2018-19 actual spending was used to inform cost projections through the full acquisition period. Because current staff capacity is not adequate to accomplish necessary biological monitoring with existing land holdings, to address the additional land acquisitions, two new full time equivalent (FTE) positions are added to the current 2019 spending for reserve monitoring. The 2019 per acre reserve monitoring cost of $2.67 was adjusted to $3.01 (2019 dollars) to account for two new entry-level biologist FTEs. (see Table 17). This constant dollar per acre cost was assumed to apply throughout the period of implementation. Reserve Management and Biological Monitoring Costs Table 17 summarizes estimated per acre costs for reserve management and monitoring in 2019 dollars. Applying these per acre costs (in 2019 dollars) to current acreage under management and monitoring projects results in annual costs of $1.32 million and $1.23 million, respectively. The annual reserve management and biological monitoring costs increase as new acquisitions occur. Economic & Planning Systems, Inc. 37 —11111� 101'.."o �l,,.. ''l,,-=lll:�,ho o110o l,o k�MlA IookN ,Sld F,� I23ouz—d— Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 Table 17 Management and Monitoring Anticipated Costs in 2004 and 2019 Dollars Reserve Management' Acres under Management 40,212 Existing Reserve Management Expenses $1,021,000 Additional Staff Capacity Required 294 000 Total Reserve Management Expenses $1,315,000 $/Acre $32.70 $/Acre without additional staff capacity $25.39 Biological Monitoring2 Acres being Monitored 408,820 Existing Biological Monitoring Expenses $1,092,000 Additional Staff Capacity Required 140 000 Total Biological Monitoring Expenses $1,232,000 $/Acre $3.01 $/Acre without additional staff capacity $2.67 1. Reserve Management costs include Parks & Open Space contract fees, maintenance of motor vehicles, and HOA dues. 2. Biological Monitoring costs include SAWA contract fees, office and computer supplies, training, private mileage reimbursement, building rent, and rental vehicles/fuel. 3. Current staff capacity is not sufficient to accomplish necessary management and monitoring. An Expanded staff capacity scenario envisions adding 3 FTE mid- level park rangers to Reserve Management and 2 FTE entry-level biologists to Reserve Monitoring, with salaries and benfits of $98,000 and $70,000 Sources: Western Riverside County Regional Conservation Authority; and Economic & Planning Systems, Inc. Endowment Funding The overall permit period was set at 75 years, ending in 2079. To cover ongoing management and monitoring costs beyond the duration when mitigation fees will be collected, the establishment of a non -depleting endowment is required. In other words, the endowment must be sufficient such that expected average interest revenues (after inflation and transaction costs) can cover the ongoing costs associated with administration, management and monitoring in perpetuity. This section summarizes the estimated cost of establishing this endowment under the different scenarios. A key assumption is that the endowment must be fully established by Economic & Planning Systems, Inc. 38 Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 the end of the land acquisition period as it is assumed that no more mitigation fees will be collected at that time.26 For the purposes of this analysis, we have assumed that habitat management and habitat monitoring costs continue in full, while administration costs are reduced by half following the end of the land acquisition period. All of these costs then continue in perpetuity. As a result and as shown in Table 18, the endowment is sized to cover the expected annual management and monitoring costs and 50 percent of the administration costs, totaling $6.8 million (2019 dollars) once all lands have been acquired. Table 18 Annual Implementation Cost Estimate (2019$) Ongoing Habitat Management $3,172,063 100% $3,172,063 Ongoing Habitat Monitoring $1,506,776 100% $1,506,776 Administration' $4,154,811 50% $2,077,406 Total $8,833,650 $6,756,244 1. Adminsitration includes salaries and benefits, accounting, auditing and reporting, contracts, etc.. Assumes less administration is needed following the land acquisition period; ongoing adminsitrative needs include oversight, auditing and reporting, and board staffing. Sources: Western Riverside County Regional Conservation Authority; and Economic & Planning Systems, Inc. Consistent with many regional habitat conservations plans, the average annual net, real (allowing for inflation and institutional fees) interest rate is assumed to be three (3) percent.27 Under all extension scenarios, the total required endowment funding is $225.2 million. Because the longer extension periods provide more time for the accrual of interest revenues, the net endowment cost (that must be funded by mitigation fees) is different for each scenario. Table 19 shows the consistent total endowment funding required by scenario as well as the different levels of aggregate endowment interest and associated net endowment funding requirement. For a detailed time -series accounting of endowment funding by extension scenario, see Appendix II. 26 It is important to note that the RCA has collected a distinct set of endowment funds for situations where specific conservation activities are required over -and -above the core activities covered by this endowment calculation. 27 This assumes that the implementing entity can use investment vehicles that may be not be typical for Riverside County. Economic & Planning Systems, Inc. 39 �u� wPo�aua�,M,r�oR,w, �,r�e� e, �re .o aA�Moo, . =s d, ,; a, 23-020— Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 Table 19 Endowment Funding (2019$), by Extension Scenario Total Endowment Funding Required $225,208,133 $225,208,133 $225,208,133 $225,208,133 (Less) Endowment Interest ($25,695,187) ($40,679,628) ($54,846,349) ($68,206,990) Net Endowment Funding Required $199,512,947 $184,528,506 $170,361,785 $157,001,144 Sources: Western Riverside County Regional Conservation Authority; and Economic & Planning Systems, Inc. Total Implementation Costs Implementation costs include land costs, administrative and professional services expenses, management and monitoring costs, and the required net endowment funding. The remaining MSHCP implementation costs, as described in detail in the preceding sections, are all estimated in 2019 constant dollar terms. Under the Baseline/ No Extension scenario, as shown in Figure 9, the $702 million in estimated land acquisition costs make up 72 percent of the total implementation cost of $974 million. Administrative costs total about 4 percent of total costs, management and monitoring sum to 3 percent of total implementation costs, and the endowment constitutes 21 percent of total costs. Figure 9 Comparison of Costs by Category Endowment Prof Svcs+Misc 1 21% 2% \ RCA Staff M&M J /W--W0 3% il Land Acqusition 72% Total implementation costs vary by extension scenario. Land acquisition costs are the same for all scenarios. Administrative, management and monitoring costs increase the longer the acquisition period is extended, but the endowment funding required decreases the longer the Economic & Planning Systems, Inc. 40 23-020- Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 acquisition period is extended. As shown in Table 20, total implementation costs range from $890 million to $967 million depending on the extension period. Although total costs over time increase with longer extension periods the per -year implementation costs decrease with longer extension periods, as shown in Table 21. For a detailed time -series of all implementation costs excepting the endowment, see Appendix I. Table 20 Total Implementation Costs (2019$*), by Extension Scenario Land' $701,931,902 Management & Monitoring $33,582,193 RCA Staff 2 $20,596,453 Professional Services and Supplies 2 $13,194,561 Loan Repayment 3 $2,000,000 Other Costs 24 $3,602,285 Net Endowment Funding Required $199,512,947 Total Costs $974,420,341 $701,931,902 $701,931,902 $701,931,902 $51,646,790 $69,711,387 $87,775,983 $32,038,927 $43,481,401 $54,923,875 $20,524,873 $27,855,185 $35,185,497 $2,000,000 $2,000,000 $2,000,000 $5,603,554 $7,604,824 $9,606,093 $184,528,506 $170,361,785 $157,001,144 $998,274,552 $1,022,946,483 $1,048,424,494 1. Land value estimates at $14,288 per acre in 2019 dollar terms. 2. RCA Administrative Costs are based on a three year average of FY 2016-17 through FY 2018-19 actual costs, adjusted to 2019 dollars. 3. RCA has "Other Long Term Obligations" totaling $5 million, which was a loan received from the County in FY 2012/13 and is now payable in increments of $1 million starting in FY 2018. 4. Includes rents and all other miscellaneous expenses. NOTE: In some cases numbers may not perfectly sum due to rounding. Sources: Western Riverside County RCA; Economic & Planning Systems, Inc. * All costs are provided in constant 2019 dollar terms. Costs will change over time due to inflation and other factors. These changes will be addressed through the fee indexing/ updating process that will include automatic inflation -indexed fee changes annually based on the regional Consumer Price Index and periodic comprehensive updates to the Nexus Study. Economic & Planning Systems, Inc. 41 �u� awoo�aua�,M,r�oRw, �r�e��e �re .o� aa�Moo�e.a.ozo.a� Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 Table 21 Average Annual Implementation Costs (2019$), by Extension Scenario Land' $77,992,434 $50,137,993 $36,943,784 $29,247,163 Management & Monitoring $3,731,355 $3,689,056 $3,669,020 $3,657,333 RCA Staff 2 $2,288,495 $2,288,495 $2,288,495 $2,288,495 Professional Services and Supplies 2 $1,466,062 $1,466,062 $1,466,062 $1,466,062 Loan Repayment 3 $222,222 $142,857 $105,263 $83,333 Other Costs 24 $400,254 $400,254 $400,254 $400,254 Net Endowment Funding Required $22,168,105 $13,180,608 $8,966,410 $6,541,714 Total Costs $108,268,927 $71,305,325 $53,839,289 $43,684,354 1. Land value estimates at $14,288 per acre in 2019 dollar terms. 2. RCA Administrative Costs are based on a three year average of FY 2016-17 through FY 2018-19 actual costs, adjusted to 2019 dollars. 3. RCA has "Other Long Term Obligations" totaling $5 million, which was a loan received from the County in FY 2012/13 and is now payable in increments of $1 million starting in FY 2018. 4. Includes rents and all other miscellaneous expenses. NOTE: In some cases numbers may not perfectly sum due to rounding. Sources: Western Riverside County RCA; Economic & Planning Systems, Inc. Economic & Planning Systems, Inc. 42 6. RCA NON -FEE REVENUES MSHCP Forecast of Non -Fee Revenues The MSHCP forecast an array of revenue sources, in addition to fee revenue, supporting the conservation program. These sources were anticipated to total about 44 percent of the revenue for the program, including: • Transportation funding — includes the Measure A sales tax which is authorized through 2039 and other transportation funding sources such as the Transportation Uniform Mitigation Fees (TUMF) charged on new development. Note that the MSHCP envisioned up to $121 million of Measure A money to the HCP. • Other infrastructure projects — funding from this source was not quantified in the MSHCP but reflected the expectation that local public construction projects such as schools, administrative facilities, libraries, jails, and other projects like flood control and utility projects would mitigate the construction through the payment of a per -acre fee.28 Since MSHCP adoption, the standard contribution has been three to five percent of total project costs. • Landfill contributions — Landfill tipping fees have been used in the County since the 1990 for conservation programs. Under county permitting of landfills, the County has committed to divert portions of tipping fees to MSHCP implementation. Table 22 and Figure 10 summarizes the revenue forecasts under the MSHCP. Including the fee revenues, these sources totaled $1.07 billion or an estimated average almost $43 million per year for 25-years (in 2004 dollars). Excluding fee revenues, a total of $18.84 million in annual revenues were forecast, including Measure A funding, $10 million each year from other transportation projects, and $4.0 million from land fill contributions. As described further below, at this point, the average annual funding from non -fee revenues sources are well below the MSCHP forecast. Measure A, a voter -approved 1/2 cent sales tax measure did provide substantial funding as envisioned (though is now fully used/ allocated) and, collectively, the other non -fee funding sources are well beyond what was originally envisioned. 28 See Chapter 8.5.1 Funding Sources in the MSHCP. Economic & Planning Systems, Inc. 43 woo��, M,,o= o o ,00k,rAA�Moo,N«ar F, a, z3o«zozoao Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 Table 22 2004 MSHCP Anticipated Funding Sources Fee Funded Sources: Cities and County Development Mitigation Fees Density Bonus Fees Non -Fee Funded Sources Public Funding Sources $539.6 50% $21,584,000 66.0 6% $2,640,000 $605.6 $24,224,000.0 Local Roads (Measure A) $121.0 11 % $4,840,000 Other Transportation $250.0 23% $10,000,000 Other infrastructure Projects unknown 0% $0 El Sobrante Landfill $90.0 8% $3,600,000 County Landfills $10.0 1 % $400,000 Eagle Mountain Landfill unknown 0% $0 New Regional funding unknown 0% Non -Fee Funded Sources $471.0 $18,840,000 Total, Local Funds $1,076.6 100% $43,064,000 Figure 10 2004 MSHCP Anticipated Funding Sources Other Transportation 23% Fee funded Non -Fee Funded 56% 44% Local Roads 11% El Sobrante/Other County Landfills 10% New Forecast of Non -Fee Revenues Non -fee revenues to the RCA are projected to be $6.85 million annually in 2019 dollars. This estimate was derived from a line by line review of the major revenue items for a 3-year period from FY 2016-17 to FY 2018-19, projections by collection entities (e.g., TUMF revenue), and recent dynamics likely to affect the revenue source (e.g., greater diversion of trash to recycling Economic & Planning Systems, Inc. 44 Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 will likely reduce tipping fees). The estimates have been inflated from a three-year average to 2019 dollars, as detailed in Table 23. Table 23 Annual Non -Fee Revenue Projection (2019$s) Transportation Mitigation' TUMF Revenue -Developer Fees $950,000 $979,637 Subtotal $950,000 $979,637 Tipping Fee $3,865,728 $3,986,326 Public Proiect Mitiaation PSE Mitigation Feet NA $500,000 Other Gov MSHCP Infrastructure $284,570 $293,448 Other Gov MSHCP Civic Projects $93,629 $96,550 Flood Control District $293,084 $302,227 Subtotal $671,283 $1,192,225 Other Revenue Interest and Other Sources $467,073 $481,644 Rents $80,531 $83,043 Joint Project Review Fees $124,762 $128,654 Subtotal $672,365 $693,341 Total Revenue NA $6,851,529 1. All Measure A funding was provided prior to 2020 and the associated obligations have been met. 2. Participating Special Entities fees. This does not include Developer Mitigation Fees. These fees vary widely year over year, $500,000 is used as an annual average per the recommendation of RCA staff. Sources: Western Riverside County Regional Conservation Authority; Economic & Planning Systems, Inc. Economic & Planning Systems, Inc. 45� 7. MITIGATION FEE CALCULATION The revised Local Development Mitigation Fee is based on a generally similar methodology to the Original Nexus Study that ensures the fee level is proportional to the development impact. This methodology looks at the remaining conservation requirements associated with Local Permittee obligations under the MSHCP and associated Incidental Take Permit and Implementing Agreement, determines the remaining Local Permittee implementation cost, subtracts out reasonable estimates of non -fee revenues and other contributions, to determine the overall fee - funding obligation. This obligation is then divided among the new development forecast to determine the required mitigation fee. In others words, the original 2003 and updated 2020 Local Development Mitigation Fee estimates are the outcome of the following formula (the 2003 and 2020 Nexus Studies differ in their process of allocating funding required between land uses): 1. Implementation Costs minus 2. Non -Fee Funding equals 3. Outstanding Funding Required divided by 4. Development Forecast equals 5. Local Development Mitigation Fee Schedule Table 24 summarizes the estimated Net Implementation Costs, Expected Acres of Development, and the associated per gross acre mitigation fee. As shown, the average mitigation fee per gross acre decreases with each extension as similar levels of net implementation costs are spread across more development. Tables 25 through 28 provide the detailed calculations that determine the total net MSHCP implementation costs shown in Table 24. As noted in Chapter 1, for residential development, the per -gross -acre fee is translated into a per -unit fee schedule for administrative continuity. Economic & Planning Systems, Inc. 46 C„k aY o.woo�� o M,,o= ., ow, o� o o ,00k„AA�MooN u eY_F, a, 2300,10 Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 Table 24 MSHCP Implementation Costs and Per Acre Mitigation Fees Net Cost $912,756,583 $902,353,150 $892,767,438 $883,987,805 Acres of Development Residential 14,026 21,818 29,611 37,403 Nonresidential 6,239 9,705 13,171 16,637 Total 20,265 31,523 42,782 54,040 Mitigation Fee per Acre $45,041 $28,625 $20,868 $16,358 Sources: Southern California Association of Governments; Western Riverside County RCA; Economic & Planning Systems, Inc. Economic & Planning Systems, Inc. 47 23o«zo - Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 Table 25 Recommended Fee Level —No Extension Local Permittee Land Requirements Preservation Requirement (less) HANS Dedication Local Permittee Acquisition Local Permittee MSHCP Implementation Costs 56,788 acres 6,310 acres na 10,000 acres 1,111 acres na 46,788 acres 5,199 acres na Land (1) $701,931,902 $77,992,434 72.0% Management & Monitoring $33,582,193 $3,731,355 3.4% RCA Staff (2) $20,596,453 $2,288,495 2.1 % Professional Services and Supplies (2) $13,194,561 $1,466,062 1.4% Loan Repayment (3) $2,000,000 $222,222 0.2% Other Costs (2) (4) $3,602,285 $400,254 0.4% Net Endowment Funding Required $199,512,947 $22,168,105 20.5% Total Costs $974,420,341 $108,268,927 100.0% Offsetting Revenues (5) (exc. Private Development Mitigation) Public Project Mitigation (6) $10,730,025 $1,192,225 1.4% Transportation Mitigation (7) $8,816,731 $979,637 1.1% Tipping Fees $35,876,934 $3,986,326 4.6% Other Revenues (8) $6,240,068 $693,341 0.8% Total Selected Revenues $61,663,758 $6,851,529 8.0% Funding Required from Private Development Mitigation Net Cost $912,756,583 $101,417,398 93.7% Mitigation Fee Estimates (per gross acre of development) Growth Projection: Development 2020 - 2028 Annual Residential Units 79,000 8,778 Residential Acres 14,026 1,558 Non -Residential Acres 6,239 693 Total Acres 20,265 2,252 Mitigation Fee $45,041 per acre (1) Land value estimates at $14,288 per acre in 2019 dollar terms plus a 5% transaction cost. (2) RCA Administrative Costs are based on a three year average of FY 2016-17 through FY 2018-19 actual costs, adjusted to 2019 dollars. (3) RCA has "Other Long Term Obligations" totaling $2 million, which was a loan received from the County in FY 2012/13 and is now payable in increments of $1 million over the course of two years. (4) Includes rents and all other miscellaneous expenses. (5) RCA Revenues are based on a three year average of FY 2016-17 through FY 2018-19 actual costs, adjusted to 2019 dollars. (6) Includes Flood Control District, PSE mitigation payments, and other government MSHCP infrastructure & civic project revenues. (7) Includes TUMF fees. (8) Includes interest and other sources, rents, and joint project review fees. Sources: MSHCP; RCA; Economic & Planning Systems, Inc. Economic & Planning Systems, Inc. 48� Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 Table 26 Recommended Fee Level-5-Year Extension Local Permittee Land Requirements Preservation Requirement 56,788 acres 4,056 acres na (less) HANS Dedication 10,000 acres 714 acres na Local Permittee Acquisition 46,788 acres 3,342 acres na Local Permittee MSHCP Implementation Costs Land (1) $701,931,902 $50,137,993 70.3% Management & Monitoring $51,646,790 $3,689,056 5.2% RCA Staff (2) $32,038,927 $2,288,495 3.2% Professional Services and Supplies (2) $20,524,873 $1,466,062 2.1% Loan Repayment (3) $2,000,000 $142,857 0.2% Other Costs (2) (4) $5,603,554 $400,254 0.6% Net Endowment Funding Required $184,528,506 $13,180,608 18.5% Total Costs $998,274,552 $71,305,325 100.0% Offsetting Revenues (5) (exc. Private Development Mitigation) Public Project Mitigation (6) $16,691,150 $1,192,225 2.1% Transportation Mitigation (7) $13,714,915 $979,637 1.7% Tipping Fees $55,808,564 $3,986,326 6.9% Other Revenues (8) $9,706,772 $693,341 1.2% Total Selected Revenues $95,921,402 $6,851,529 11.8% Funding Required from Private Development Mitigation Net Cost $902,353,150 $64,453,796 90.4% Mitigation Fee Estimates (per gross acre of development) Growth Projection: Development 2020 - 2033 Annual Residential Units (4.2 DU/Acres) 122,456 8,747 Residential Acres 21,818 1,558 Non -Residential Acres 9,705 693 Total Acres 31,523 2,252 Mitigation Fee $28,625 per acre (1) Land value estimates at $14,288 per acre in 2019 dollar terms plus a 5% transaction cost. (2) RCA Administrative Costs are based on a three year average of FY 2016-17 through FY 2018-19 actual costs, adjusted to 2019 dollars. (3) RCA has "Other Long Term Obligations" totaling $2 million, which was a loan received from the County in FY 2012/13 and is now payable in increments of $1 million over the course of two years. (4) Includes rents and all other miscellaneous expenses. (5) RCA Revenues are based on a three year average of FY 2016-17 through FY 2018-19 actual costs, adjusted to 2019 dollars. (6) Includes Flood Control District, PSE mitigation payments, and other government MSHCP infrastructure & civic project revenues. (7) Includes TUMF fees. (8) Includes interest and other sources, rents, and joint project review fees. Sources: MSHCP; RCA; Economic & Planning Systems, Inc. Economic & Planning Systems, Inc. 49 �u�ra�oo�aua�M, �aRw,eow.r�e��e �re .onr��M��e..� a,Ra, 3oo.e Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 Table 27 Recommended Fee Level-10-Year Extension Local Permittee Land Requirements Preservation Requirement 56,788 acres 2,989 acres na (less) HANS Dedication 10,000 acres 526 acres na Local Permittee Acquisition 46,788 acres 2,463 acres na Local Permittee MSHCP Implementation Costs Land (1) $701,931,902 $36,943,784 68.6% Management & Monitoring $69,711,387 $3,669,020 6.8% RCA Staff (2) $43,481,401 $2,288,495 4.3% Professional Services and Supplies (2) $27,855,185 $1,466,062 2.7% Loan Repayment (3) $2,000,000 $105,263 0.2% Other Costs (2) (4) $7,604,824 $400,254 0.7% Net Endowment Funding Required $170,361,785 $8,966,410 16.7% Total Costs $1,022,946,483 $53,839,289 100.0% Offsetting Revenues (5) (exc. Private Development Mitigation) Public Project Mitigation (6) $22,652,275 $1,192,225 2.7% Transportation Mitigation (7) $18,613,099 $979,637 2.2% Tipping Fees $75,740,195 $3,986,326 8.9% Other Revenues (8) $13,173,476 $693,341 1.5% Total Selected Revenues $130,179,045 $6,851,529 15.3% Funding Required from Private Development Mitigation Net Cost $892,767,438 $46,987,760 87.3% Mitigation Fee Estimates (per gross acre of development) Growth Projection: Development 2020 - 2038 Annual Residential Units (4.2 DU/Acres) 166,000 8,737 Residential Acres 29,611 1,558 Non -Residential Acres 13,171 693 Total Acres 42,782 2,252 Mitigation Fee $20,868 per acre (1) Land value estimates at $14,288 per acre in 2019 dollar terms plus a 5% transaction cost. (2) RCA Administrative Costs are based on a three year average of FY 2016-17 through FY 2018-19 actual costs, adjusted to 2019 dollars. (3) RCA has "Other Long Term Obligations" totaling $2 million, which was a loan received from the County in FY 2012/13 and is now payable in increments of $1 million over the course of two years. (4) Includes rents and all other miscellaneous expenses. (5) RCA Revenues are based on a three year average of FY 2016-17 through FY 2018-19 actual costs, adjusted to 2019 dollars. (6) Includes Flood Control District, PSE mitigation payments, and other government MSHCP infrastructure & civic project revenues. (7) Includes TUMF fees. (8) Includes interest and other sources, rents, and joint project review fees. Sources: MSHCP; RCA; Economic & Planning Systems, Inc. Economic & Planning Systems, Inc. 50� Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 Table 28 Recommended Fee Level-15-Year Extension Local Permittee Land Requirements Preservation Requirement (less) HANS Dedication Local Permittee Acquisition Local Permittee MSHCP Implementation Costs 56,788 acres 2,366 acres na 10,000 acres 417 acres na 46,788 acres 1,950 acres na Land (1) $701,931,902 $29,247,163 67.0% Management & Monitoring $87,775,983 $3,657,333 8.4% RCA Staff (2) $54,923,875 $2,288,495 5.2% Professional Services and Supplies (2) $35,185,497 $1,466,062 3.4% Loan Repayment (3) $2,000,000 $83,333 0.2% Other Costs (2) (4) $9,606,093 $400,254 0.9% Net Endowment Funding Required $157,001,144 $6,541,714 15.0% Total Costs $1,048,424,494 $43,684,354 100.0% Offsetting Revenues (5) (exc. Private Development Mitigation) Public Project Mitigation (6) Transportation Mitigation (7) Tipping Fees Other Revenues (8) Total Selected Revenues $28,613,400 $23,511,283 $95,671,825 $16,640,181 $164,4369689 $1,192,225 $979,637 $3,986,326 $693,341 $6,851,529 3.2% 2.6% 10.7% 1.9% 18.4% Funding Required from Private Development Mitigation Net Cost $883,987,805 $36,832,825 84.3% Mitigation Fee Estimates (per gross acre of development) Growth Protection: Development 2020 - 2043 Annual Residential Units 210,000 8,750 Residential Acres 37,403 1,558 Non -Residential Acres 16,637 693 Total Acres 54,040 2,252 Mitigation Fee $169358 per acre (1) Land value estimates at $14,288 per acre in 2019 dollar terms plus a 5% transaction cost. (2) RCA Administrative Costs are based on a three year average of FY 2016-17 through FY 2018-19 actual costs, adjusted to 2019 dollars. (3) RCA has "Other Long Term Obligations' totaling $2 million, which was a loan received from the County in FY 2012/13 and is now payable in increments of $1 million over the course of two years. (4) Includes rents and all other miscellaneous expenses. (5) RCA Revenues are based on a three year average of FY 2016-17 through FY 2018-19 actual costs, adjusted to 2019 dollars. (6) Includes Flood Control District, PSE mitigation payments, and other government MSHCP infrastructure & civic project revenues. (7) Includes TUMF fees. (8) Includes interest and other sources, rents, and joint project review fees. Sources: MSHCP; RCA; Economic & Planning Systems, Inc. Economic & Planning Systems, Inc. 51� 8. MITIGATION FEE ACT (NEXUS) FINDINGS Mitigation fees are utilized in California to finance public facilities necessary to mitigate impacts stemming from new development. In 1987, the California Legislature adopted the Mitigation Fee Act to provide a framework for the application and administration of such fees. Current prevailing practice among the majority of approved and permitted regional multiple -species Habitat Conservation Plans is that any habitat mitigation fees are to be adopted by the relevant jurisdictions (cities and Counties) consistent with the Mitigation Fee Act.29 As discussed further in Chapter 9, the adoption of fees under the Mitigation Fee Act includes a number of auditing and reporting requirements. The Mitigation Fee Act, defined in California Government Code Sections 66000 to 66025, requires all public agencies to document five findings when establishing or increasing a fee as a condition for new development. These findings were made when the Western Riverside County MSHCP Local Development Mitigation Fees were first justified and established.30 This Chapter of the Western Riverside Habitat Conservation Plan Nexus Fee Study was prepared to describe how the proposed increase in the Local Development Mitigation Fee satisfies the five statutory findings required by the Mitigation Fee Act and is based on the appropriate nexus between new development and the imposition of a mitigation fee. The five statutory findings required for the establishment of a mitigation fee are summarized in the sections below and supported by the technical analysis in the prior chapters of this Study. Purpose of Fee Identify the purpose of the fee. (66001(a)(1)) The purpose of the Local Development Mitigation Fee is to contribute to the funding required to implement the MSCHP and, as a result, help maintain the incidental take permits for new private and public development in Western Riverside County under the federal and State Endangered Species Acts. Maintaining the incidental take permit is necessary to allow for future development, and without the development community paying for the cost of the MSHCP, individual applicants will need to apply independently for development approval under federal and State law if the project impacts a threaten or endangered species. The federal Endangered Species Act specifically requires that the applicant for incidental take permit "ensure that adequate funding for the plan will be provided."31 In addition, the Local Development Mitigation Fee helps provide the regional benefit of streamlined economic development in Western Riverside County as well as 29 In addition to the current Western Riverside County habitat mitigation fee, see also the Coachella Valley habitat mitigation fee, the San Joaquin County Multi -Species Habitat Conservation and Open Space Fee, and the East Contra Costa County HCP/NCCP mitigation fee. 30 See the Final Mitigation Nexus Report for the Western Riverside County Multiple Species Habitat Conservation Plan, published July 1, 2003. 31 See Section 1539(a)(2)Biii of the federal Endangered Species Act Economic & Planning Systems, Inc. 52 C�� �k�ar�o,woo�m�3o �M,���a,,,-,��o „�o �ro��.o ook�rAA�Moo�N �u aY_Fl�a,z30-626 oa Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 the provision of contiguous open spaces that will serve as a community amenity to residents, workers, and visitors. Use of Fee Revenues Identify the use to which the fee is to be put. If the use is financing public facilities, the facilities shall be identified. That identification may, but need not, be made by reference to a capital improvement plan as specific in Section 65403 or 66002, may be made in applicable general or specific plan requirements, or may be made in other public documents that identify the public facilities for which the fee is charged. (66001(a)(2)). The MSHCP is the public document that outlines the actions required as a whole and the particular set of actions required by the Local Permittees (and the Regional Conservation Agency as their agent) to obtain incidental take permits —associated with State and federal Endangered Species Act requirements —for new public and private development in Western Riverside County. Failure to meet the requirements of the MSHCP will result in an inability to obtain or maintain incidental take permits through the MSHCP, which would require future development to secure individual take authorization if the project impacts a threaten or endangered species. Revenues from the Local Development Mitigation Fee will be used, in conjunction with other local and regional funding sources, to fund the conservation actions identified as the responsibility of Local Permittees in the MSHCP. The revenue from the Local Development Mitigation Fee will be used to help fund the appropriate habitat acquisition (land acquisition and associated transaction costs), maintenance and monitoring of habitat land (preserve management, monitoring, and adaptive management), and program management, administration, and oversight activities and costs.32 Chapter 3 of this report describes the Local Permittee conservation requirements, progress to date, and the remaining actions required under the MSHCP. Relationship Determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed. (66001(a)(3)). The implementation of the MSHCP, and the mitigation fee as a fundamental part of it, will benefit all new development by mitigating their collective impacts on covered species and associated habitat. All new public and private development in the Plan area will affect habitat and species either directly, indirectly, or as a cumulative effect. New infrastructure development, for example, in addition to its direct effects, will support new development on other parcels and other locations in the Plan Area. Similarly, new private development will require new infrastructure and also result in additional demand for new developments through linkages —for 32 Consistent with the interpretation applied to the majority of permitted and approved regional, multiple -species Habitat Conservation Plans in California and guidance from RCA Counsel, the Local Development Mitigation Fee is assumed to fund its proportionate share (as determined by the technical analysis and constrained by the statutory requirements) of applicable MSHCP implementation costs including, but also limited to, habitat acquisition costs (and associated transaction costs), the costs of managing and monitoring the habitat preserves in perpetuity, and the administrative and other costs of managing the overall program. Economic & Planning Systems, Inc. 53 C„kaYo.woo�� o M,,o= ., ow, o no �MooN u eY_F,a,23--d— Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 example, the need for new housing to accommodate new workers at commercial developments or the need for new retail developments to serve new residents at residential developments. In other words, all new development in Western Riverside County will benefit from the incidental take permits obtained through the MSHCP and via the use of the mitigation fee revenues. In addition, the incidental take permits are necessary to permit any future development within the Plan Area, and in order to obtain or maintain such incidental take permits, the MSHCP must be fully funded. Because funding the MSHCP is required in order to allow for future development under the MSHCP, there is a direct relationship between the proposed use of the mitigation fee and development within the Plan Area. Need Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed. (66001(a)(4)). Without new development, no MSHCP would be necessary and no further habitat conservation would be required under the federal and State Endangered Species Acts. To allow for any future development under the Plan, the MSHCP must be fully funded. New development in the Plan Area, as noted above, will directly, indirectly, or cumulatively affect species and habitat in Western Riverside County. Because of this, development of the MSHCP was undertaken to provide a regional, streamlined approach to benefit future development of all types in Western Riverside County, including the development and improvements envisioned under the numerous General Plans and the Regional Transportation Improvement Program. The requirements of the MSHCP (habitat acquisition, management and monitoring, program administration) are a direct result of the regional approach to mitigation that is engendered by all new development in the Plan Area under the pertinent environmental regulations. Meeting the requirements of the MSHCP is necessary to obtain the necessary federal authorization to develop within the Plan Area. Proportionality Determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed. (66001(b)). The MSHCP includes detailed conservation requirements based on the scientific evaluations that form the basis of the MSHCP. Based on these evaluations, conservation responsibilities were allocated between the Local Permittees and other agencies, such as the State and federal governments. The Local Development Mitigation Fee appropriately provides funding towards the fulfillment of the Local Permittee conservation requirements. Furthermore, the Local Permittee obligations are not fully funded through the Local Development Mitigation Fee revenues. Other local and regional funding sources, such as the Measure A sales tax and tipping fees, provide additional mitigation and/or offsetting revenues that reduce the overall cost allocation to the Local Development Mitigation Fee Program. In addition, consistent with the relationship between new development in Western Riverside County and the need for the public facilities (conservation program) described above, proportional attribution between new development is ensured Economic & Planning Systems, Inc. 54 ��n�k aY�o�woo����o �M,��m, ��o ���o«�no �rAA�Mo��N � �ar_�,�a, 23-2620— Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 through the determination of a consistent per gross acre Local Development Mitigation Fee.33 As a result, the Local Development Mitigation Fee level calculations are carefully determined to fund only the proportionate (or less than) conservation costs attributable to the new development on which the fee is imposed and to allocate the fee levels proportionally across all new development. It is this process of careful calculation based on the requirements of the MSHCP that is the subject of a substantial portion of this Nexus Study (see Chapters 2 through 7). 33 Determining habitat mitigation fees on a gross acre basis is the clearest way of ensuring proportionate cost allocations among new developments and is a common practice among adopted Habitat Conservation Plans. For purposes of implementation/administrative consistency, for residential uses, the per -gross -acre fee is translated into per unit fees for different density categories. Economic & Planning Systems, Inc. 55 w000aa o M,,�o w, w,r��m o« ook aA�Moo�.s d ,;a,23o«zo0— 9. FEE IMPLEMENTATION The revised Local Development Mitigation Fee must be implemented consistent with the MSHCP (and associated Incidental Take Permit and Implementing Agreement) as well as the California Mitigation Fee Act. A detailed set of guidance is included in the Fee Implementation Handbook to support clarity and specificity in the implementation of the updated fee program by Local Permittees. The sections below summarize some of the key implementation and administration actions to be consistent with the requirements. Adoption of Revised LDMF • Consistent with the MSHCP and associated documents, each Local Permittee (i.e., all participating jurisdictions) must adopt an updated LDMF ordinance and a fee resolution establishing the revised fee level as prescribed by the Mitigation Fee Act. • Consistent with the Mitigation Fee Act, the revised ordinance and associated fee resolution will become effective after a public hearing and 60 days. • RCA Legal Counsel will prepare a Fee Update Ordinance and Resolution to facilitate the consistent adoption of the updated LDMF by Local Permittees. Securing Supplemental Funding The revised Local Development Mitigation Fee is set at the level that would cover the Local Permittee cost obligations once expected non -fee revenues are subtracted out. To the extent any discounts/exemptions are provided to new Western Riverside County development below the updated fee level, additional funding will be required to backfill the fee revenue losses. To the extent, these revenues do not make up for any fee discounts provided, other sources of funding will need to be sought by the RCA and the Local Permittees to fulfill their Plan obligations. At the same time, if new substantial funding sources become available to the RCA for Local Permittee obligations, the funding required through fees may decrease, in turn reducing the required fee levels through a new update. Annual Review The Mitigation Fee Act (at Gov. C. §§ 66001(c), 66006(b)(1)) stipulates that each local agency that requires payment of a fee make specific information available to the public annually within 180 days of the last day of the fiscal year. In this case, the RCA can play this role on behalf of the Local Permittees. This information includes the following: • A description of the type of fee in the account. • The amount of the fee (the mitigation fee schedule). • The beginning and ending balance of the fund. • The amount of fees collected and interest earned. • Identification of the improvements constructed. • The total cost of the improvements constructed. • The fees expended to construct the improvement. • The percentage of total costs funded by the fee. Economic & Planning Systems, Inc. 56 C�� �k�ar�o,woo�m�3o �M,��ma,,,-,��o ���o �ro��.o��,00k�rAA�Moo�N �� ar_Fl�a, 230-626 oa Western Riverside County Multiple Species Habitat Conservation Plan Nexus Fee Study Update Final Report October 2020 If sufficient fees have been collected to fund specific improvement cost, the agency must specify the approximate date for the cost of that improvement. Because of the dynamic nature of growth and MSHCP implementation costs and consistent with current practice, the RCA should continue to monitor progress towards MSHCP goals. The overall adequacy of the fee revenues and other available funding in meeting these goals should be reviewed annually. Surplus Funds The Mitigation Fee Act also requires that if any portion of a fee remains unexpended or uncommitted in an account for 5 years or more after deposit of the fee, the RCA, acting for the Local Permittees, shall make findings once each year (1) to identify the purpose to which the fee is to be put, (2) to demonstrate a reasonable relationship between the fee and the purpose for which it was charged, (3) to identify all sources and amounts of funding anticipated to complete financing of incomplete improvements, and (4) to designate the approximate dates on which the funding identified in (3) is expected to be deposited into the appropriate fund (§66001(d)). If adequate funding has been collected for specific investments, an approximate date must be specified as to when the cost of the investment will be incurred. If the findings show no need for the unspent funds, or if the conditions discussed above are not met, and the administrative costs of the refund do not exceed the refund itself, the local agency that has collected the funds must refund them (Gov. C §66001(e)(f)). Annual and Periodic Updates Consistent with the current practice, the Fee Ordinance should allow an automatic annual adjustment to the fees based on the Riverside -San Bernardino -Ontario, CA Consumer Price Index (CPI) or a similar inflation factor. In addition, a more comprehensive update should be conducted required periodically. The Nexus Study and the technical information it contains should be reviewed periodically by the RCA (every five years is recommended) to identify any necessary refinements to the Local Development Mitigation Fees to ensure adequate funding to implement the MSHCP. Under certain circumstances, the RCA may wish to conduct a Nexus Study update sooner than after five years. For example, to the extent there are significant and unexpected changes in implementation costs, in the level of non -fee funding, and/ or the level of fee -paying private development over time, a more immediate fee update may be appropriate. 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M CO 0) Itzi O Iti C) r 6a LO EA It (.0 H3 69 � ER r Efl N LO N LO O O �t ti f� C) C) � ti N N r r Lf) N O 0) 1,-- O 00 't r- 00 (fl �t LO EA M M M N N r 0) O O) O CO CA CO ER CO EA Ef} It Lf) 0) 00 L- N r �T r— r � It � M LO r Ef) Ei} r EFJ LO O It � M _ (D N 0) Ll- N co It 0) O co c O U N � 'IT LLf LO O c c 0) s Lf) 01 r M co 0- CO Ef} 00M Ef} N It tT > Li O W Ki � 613 (U O U c0o C O W N LO It C0 M O m U Q Q ll co m U N C E N O � � O Llj U a) W 0 a a) O O Q N N ER r O r O M M M CD CO Q E � 0) w ( ?i C C6 a W O LO CO (.0(B N 00 c0 CM r- co r 0 7 0 7 O E m � a c a c Z Q w Q w Q U H Q LO f` CO Ef-? egional Conservation Authority Western Riverside County MSHCP Mitigation Fee Implementation Manual December 2020 I RCA's MSHCP MITIGATION FEE IMPLEMENTATION MANUAL The Western Riverside County Regional Conservation Authority ("RCA") was formed in 2004 to achieve one of America's most ambitious environmental efforts, the Western Riverside County Multiple Species Habitat Conservation Plan ("MSHCP" or the "Plan"). As the nation's largest habitat conservation plan of its kind, the MSHCP strengthens the sustainability and quality of life in western Riverside County by nurturing economic development opportunities, alleviating traffic congestion, protecting natural resources, and improving air quality. This MSHCP Mitigation Fee Implementation Manual ("Manual") provides direction to Local Jurisdictions under the MSHCP concerning their obligations under the MSHCP and Permits regarding the imposition, collection, accounting, remittance and calculation of the Local Development Mitigation Fee. The Local Development Mitigation Fee Program is administered by the RCA. The instructions in this Manual are intended to be consistent with and based on the MSHCP, the Implementing Agreement (IA), and the 2020 Nexus Study. The Manual is also intended to provide direction to Member Agencies concerning their Fee Ordinances and any related Resolutions. For questions and clarifications, please contact the RCA. 1 TABLE OF CONTENTS Page Chapter I. INTRODUCTION...................................................................................... 4 A. Background on MSHCP and Implementation Agreements ....................... 4 B. Purpose of MSHCP and Local Development Mitigation Fee ..................... 4 C. Public Projects.......................................................................................... 5 D. RCA Administration of Fee Program......................................................... 5 E. Purpose of Implementation Manual.......................................................... 6 Chapter II. LOCAL JURISDICTION INSTRUCTIONS ................................................ 7 A. Legal Authority.......................................................................................... 7 B. Member Agency Obligations under MSHCP and Implementation Agreements.............................................................................................. 7 C. Fee Credits and Fee Credit Agreements .................................................. 9 D. Fee Exemptions...................................................................................... 11 E. Project Area............................................................................................ 12 F. Developer Refunds and Appeals............................................................ 12 G. Options for Administrative Add -On Costs to Fees .................................. 13 H. Public Project Fees................................................................................. 13 I. Monthly Payment.................................................................................... 14 J. No Withholding....................................................................................... 14 K. Audit........................................................................................................14 L. Late Payments........................................................................................ 14 M. No Effect on Withdrawal......................................................................... 15 N. Periodic Fee Adjustment......................................................................... 15 O. Automatic Annual Fee Adjustment.......................................................... 15 P. Authority..................................................................................................15 Chapter III. MITIGATION PAYMENT REQUIREMENTS ........................................... 16 A. General Project Categories..................................................................... 16 B. Private Projects....................................................................................... 17 C. Public Projects........................................................................................ 22 D. Participating Special Entity Projects....................................................... 26 E TABLE OF CONTENTS (continued) Page Chapter IV. MITIGATION PAYMENT EXAMPLES .................................................... 28 A. Private Projects: Residential/Mixed Use Examples ................................ 28 Example 1 - All Residential — Low Density........................................................ 28 Example 2 — All Residential — Low Density — Including Backbone Road Construction............................................................................................ 32 Example 3 — All Residential — High Density — Including Backbone Road Construction............................................................................................ 35 Example 4 — All Residential — Combination of Densities ................................... 37 Example 5 — Horizontal Mixed Use — Residential and Commercial — Including Backbone Road Construction..................................................40 Example 6 — Vertical Mixed Use — Residential and Commercial ....................... 43 B. Public Project Examples......................................................................... 48 Example 7 — Member Agency Civic Project....................................................... 49 Example 8 — Road Widening with No Measure A or TUMF Funding ................. 50 Example 9 — Road Widening Project with 20% Measure A/ TUMF Funding ..... 52 Example 10 — Combined New Road/ Road Rehabilitation Project with 50% Measure A / TUMF Funding.................................................................... 54 Chapter V. DEFINITIONS......................................................................................... 57 3 ��• ��� � ' ,' . � .� .,, (� ro��� � �F :�A • 1 � '� ;lu ' j' � dd i�� f � I L i � � '�. �� •� I% � ^-'�L� � 1 _�� �,►' CHAPTER L INTRODUCTION A. Background on MSHCP and Implementation Agreements The MSHCP, originally adopted in 2004, is a comprehensive, multi -jurisdictional Habitat Conservation Plan focusing on the permanent conservation of 500,000 acres and the protection of 146 species, including 33 that are currently listed as threatened or endangered. The MSHCP was developed in response to the need for future growth opportunities in western Riverside County while addressing the requirements of the State and federal Endangered Species Acts. The MSHCP serves as an HCP pursuant to Section 10(a)(1)(13) of the federal Endangered Species Act of 1973 as well as a Natural Communities Conservation Plan under the NCCP Act of 2001. The MSHCP streamlines these environmental permitting processes by allowing the participating jurisdictions to authorize "take" of plant and wildlife species identified within the Plan Area and has saved taxpayers more than $500 million by expediting the construction of more than 30 major freeway and road improvements in Riverside County valued at more than $5 billion. At the same time, Plan implementation provides a coordinated MSHCP Conservation Area and implementation program to preserve biological diversity and maintain the region's quality of life. The MSHCP and the associated Implementing Agreement ("IA") and Incidental Take Permit collectively determine a set of conservation actions that must be taken to meet the terms of the Incidental Take Permit and benefit from the regulatory streamlining and other benefits of the MSHCP. This includes the identification of the responsible parties, including the responsibilities of the Local Permittees.1 One of the key requirements of the MSHCP, IA , and Incidental Take Permit (consistent with the requirements of the federal Endangered Species Act) is the provision of adequate funding by Local Permittees to the Implementing Entity (the Western Riverside County Regional Conservation Authority2) ("RCA") to conduct their portion of the conservation actions identified in the MSHCP. B. Purpose of MSHCP and Local Development Mitigation Fee The purpose of the Local Development Mitigation Fee ("LDMF") is to contribute to the funding required to implement the MSHCP and, as a result, help maintain the Incidental Take Permit for new private and public development in western Riverside County under the federal and State Endangered Species Acts. Maintaining the Incidental Take Permit is necessary to allow for future development, and without the development community paying for the cost of the MSHCP, individual applicants would need to apply 1 Local Permittees include the western Riverside Cities, the County of Riverside, County Flood Control and Water Conservation District, County Regional Park and Open -Space District, County Department of Waste Resources, and Riverside County Transportation Commission. 2The Western Riverside County Regional Conservation Authority is a joint powers authority established in 2004 to implement the MSHCP. ii independently for development approval under federal and State law if the project impacts a threatened or endangered species. The Federal Endangered Species Act specifically requires that the applicant for Incidental Take Permit "ensure that adequate funding for the [MSHCP] will be provided."3 In addition, the LDMF helps provide the regional benefit of streamlined economic development in western Riverside County as well as the provision of contiguous open spaces that will serve as a community amenity to residents, workers, and visitors. New development in the MSHCP Area will directly, indirectly, or cumulatively affect species and habitat in western Riverside County. Because of this, the County of Riverside along with several other agencies prepared and adopted the MSHCP to provide a regional, streamlined approach to benefit future development of all types in western Riverside County, including the development and improvements envisioned under the numerous General Plans and the Regional Transportation Improvement Program. The requirements of the MSHCP (habitat acquisition, management and monitoring, and program administration) are a direct result of the regional approach to mitigation that is engendered by all new development in the Plan Area under the pertinent environmental regulations. Consequently, the LDMF applies to all new development in western Riverside County whether or not the development is within a Criteria Cell. The overall permit period was set at 75 years, ending in 2079. To cover ongoing management and monitoring costs beyond the duration when mitigation fees will be collected, the establishment of a non -depleting endowment is required. In other words, the endowment must be sufficient such that expected average interest revenues (after inflation and transaction costs) can cover the ongoing costs associated with management and monitoring in perpetuity. The endowment must be fully established by the end of the land acquisition period as it is assumed that no more mitigation fees will be collected after that time. Finally, the LDMF is required by the MSHCP and the IA (IA §13.2(A); MSHCP § 8.5.1). C. Public Projects A number of Public Projects also pay fees related to the MSHCP in order to mitigate the impact of public projects in accordance with the terms of the IA. These different types of Public Projects and the fees related to them are discussed more in the later chapters of this Manual. D. RCA Administration of Fee Program Section 2 of the Member Agencies' Fee Ordinance provides that the RCA is appointed as the Administrator of the Fee Ordinance. The RCA is authorized to receive all fees generated from the LDMF within the Cities or County, and to invest, account for, and expend such fees in accordance with the provisions of the Plan, IA, and Fee Ordinances. 3See Section 1539(a)(2)(B)(iii) of the federal Endangered Species Act. The RCA's Executive Director or his/her designee is authorized to act on behalf of the RCA as the Administrator of the LDMF Program. Furthermore, the RCA shall have the final determination regarding collection of the fee, the appropriate methodology to calculate the fee based on the information provided, and the interpretation of this Manual. E. Purpose of Implementation Manual The purpose of this Manual is to provide those jurisdictions and agencies that are participants in the MSHCP and IA with direction and policies for implementation of the LDMF Ordinance and Resolution adopted by each of the member jurisdictions. The Manual specifies implementation and responsibilities for the LDMF Ordinance and Resolution. The instructions in this Manual shall control the administration of the Local Development Mitigation Fee except where directly in conflict with the adopting Ordinance. Capitalized terms in this Manual shall have the same meaning as in the adopting Ordinance. The RCA may, from time to time, amend this Manual as necessary to add additional direction, clarification, or guidance regarding implementation of the LDMF Ordinance. It L -1 AL CHAPTER II. LOCAL JURISDICTION INSTRUCTIONS A. Legal Authority Any capitalized terms used within this Manual which are not defined herein are the same as those defined in the LDMF Ordinances. The MSHCP notes that "new development affects the environment directly through construction activity and cumulatively through population bases that result from Development." As a result, the Member Agencies are required to implement a LDMF that was expected to represent one of the primary sources of funding for the implementation of the MSHCP. The LDMF has been developed in accordance with California Government Code Section 66000 et seq. (the "Mitigation Fee Act") that "allows cities and counties to charge new development for the costs of mitigating the impacts of new development." Fees charged to Public Projects have been imposed pursuant to the MSHCP IA. B. Member Agency Obligations under MSHCP and Implementation Agreements. As set forth in Section 11.1 of the MSHCP Implementing Agreement, the Member Agencies and the RCA have selected legal mechanisms to ensure implementation of the terms of the MSHCP and the IA. 1. Enactment of Fee Ordinance and Resolution. Pursuant to Sections 11.1.1 and 11.1.2 of the MSHCP IA, the Member Agencies shall adopt an Ordinance imposing the LDMF in substantially the form proposed by the RCA and the related Resolution within 90 days' notice from the RCA. The Member Agencies shall also adopt any updated Fee Ordinance or Resolution within 90 days' notice from the RCA. 2. Imposition of Fee. a. The LDMF will be paid no later than at the issuance of a building permit. Notwithstanding any other provision of the Municipal or County Ordinance, as relevant, no building permit shall be issued for any Development Project unless the LDMF applicable to such Development Project has been paid. The amount of the Fee shall be calculated in accordance with this Manual. b. In lieu of the payment of the LDMF as provided above, the Fee for a Development may be paid through a Community Facilities District, provided that such arrangement is approved by the RCA in writing. rA 3. Remittance of Fees to the RCA a. Timing. The Member Agencies shall remit all LDMFs which are collected or should have been collected for any Development, as defined in the MSHCP, and contributions for Public Projects to the RCA on a monthly basis to be expended to fulfill the terms of the MSHCP. Payment to the RCA shall be made no later than 90 days after the LDMFs were collected. Payment to the RCA shall be made no later than 90 days after the construction contract for the Public Project is approved by the Member Agency. b. Documentation and Records Requirements. The Member Agencies shall maintain complete and accurate records with respect to all LDMF revenues collected under their LDMF Ordinances and the calculation of contributions for all Public Projects. All such records shall be clearly identifiable. C. Annual audits. The Member Agencies shall allow a representative of the RCA during normal business hours to examine, audit, and make transcripts or copies of such records. 4. Imposition of CPI increases and other Fee Adjustments a. Automatic Annual Fee Adjustment. The RCA will provide the Member Agencies with an automatic annual fee adjustment for the fee established by Resolution based on the average percentage change over the previous calendar year set forth in the Consumer Price Index for the Riverside -San Bernardino -Ontario metropolitan area or a replacement CPI index issued by the federal government. The Member Agencies shall adopt a resolution implementing the fee adjustment no later than 60 days after receiving notice from the RCA. b. Periodic Fee Adjustment. The fee schedule may be periodically reviewed, and the amounts adjusted by the RCA Board of Directors. By amendment to the fee Resolution referenced in the Fee Ordinance, the fees may be increased or decreased to reflect the changes in actual and estimated costs of the MSHCP including, but not limited to, management and monitoring, endowment, and acquisition costs. The adjustment of the fees may also reflect changes in the facilities required to be acquired, in estimated revenues received pursuant to the Fee Ordinances, as well as the availability or lack thereof of other funds with which to E:3 implement the MSHCP. The Member Agencies shall adopt a resolution implementing the fee adjustment no later than 60 days after receiving notice from the RCA. C. Fee Credits and Fee Credit Agreements 1. Fee Credits When a Member Agency determines that a request for a fee credit ("Fee Credit") is appropriate for on -site conservation which meets the standards in Section II below, the Member Agency shall notify the RCA's Executive Director ("Executive Director") in writing as part of the Joint Project Review ("JPR") Application. This notification shall include all relevant documentation related to the project, including project description, map, criteria cells, and designation of land proposed for conservation. Fee Credits shall be applied only to the Project they are associated with in the JPR. Fee Credits shall only be provided to the underlying property owner or development company at the time the LDMF applies and are not transferrable to other entities, individuals, or development projects. Fee Credits shall not be applied retroactively. Fee Credits shall not be granted for on -site conservation that would not be considered developable land in the absence of the MSHCP. Some examples of such undevelopable land include that which could not be developed under the California Environmental Quality Act, land with topography consisting of 50% or greater slopes, land that is in a flood way, or land that could not be developed due to other local ordinance restrictions. In cases where both developable and undevelopable land are included in on -site conservation, only that land that is developable in the absence of the MSHCP shall be considered for Fee Credit. 2. STANDARDS. Fee credits shall meet the following standards: a. Proposed conservation land must be within Criteria Cells and contribute to Reserve Assembly; b. Conservation land must be of a size, configuration, and location such that it can be managed as part of the MSHCP Conservation Area; C. In addition to the exclusions identified in Section I above, fuel modification/hazardous vegetation areas, manufactured slopes, storm drain or detention basin outfalls, constructed slope protection, utility easement areas, and Best Management Practices such as bioswales, infiltration trenches, and basins will be excluded from Fee Credits and will not be accepted for management by the RCA. W 3. APPRAISAL a. The RCA or Member Agency will obtain an appraisal for the property being offered in exchange for the Fee Credit. The cost of the appraisal will be borne by the entity that commissions the appraisal. b. The appraisal shall be prepared by a licensed appraiser and meet the standards in Section 6.1.1 of the MSHCP. The property owner may select the appraiser from an approved list of appraisers used by the RCA. 4. DECISION. a. Member Agency — Approval Authority up to $200,000 A Member Agency may approve Fee Credits up to $200,000. The RCA will assist Member Agency in making a determination on the Fee Credits if requested. Notwithstanding the above, the RCA is authorized to review and audit a Member Agency's approval of Fee Credits hereunder. In the event of a disagreement between RCA and a Member Agency regarding Fee Credits provided under this Section IV.A, the matter shall be referred to the RCA Board of Directors for consideration and further action. b. Board of Directors — ADDroval Authoritv Over $200.000 All Fee Credits over $200,000 require approval of the RCA Board of Directors. The Executive Director shall place the Fee Credit request on the agenda for the next regularly scheduled meeting of the RCA Board of Directors for which an agenda has not been posted. 5. REPORTING. The Member Agency will provide the RCA with a copy of all Fee Credit agreements within 30 days of execution. The Executive Director shall provide monthly reports to the RCA Board of Directors of all notifications concerning Fee Credits. 6. CONVEYANCE OF CONSERVATION LAND. Conservation land associated with approved Fee Credits shall be conveyed in fee title to the RCA or another entity or organization lawfully authorized to acquire and hold conservation easements pursuant to Civil Code Section 815.3. The conservation land shall be free of encumbrances that could adversely impact the ability to manage the conservation land in accordance with the MSHCP. Conveyance of the conserved land must occur prior to the point in time when MSHCP Fee payment is due for the Project, and the Member Agency shall not issue occupancy permits for the Project until such time as the conservation IM land has been conveyed and any Fee balance has been paid to the RCA. If a non-member agency holds title to the land, the entity must enter into a Management MOU with the RCA agreeing to manage the land in accordance with the MSHCP prior to issuance of a grading permit for the Project. D. Fee Exemptions. The following types of construction shall be exempt from the provisions of this Ordinance: 1. Reconstruction or improvements that were damaged or destroyed by fire or other natural causes, provided that the reconstruction or improvements do not result in additional usable square footage. 2. Rehabilitation or remodeling to an existing Development Project, provided that the rehabilitation or remodeling does not result in additional usable square footage. 3. Accessory Dwelling Units, but only to the extent such fee is exempted under state law. 4. Junior Accessory Dwelling Units, but only to the extent such fee is exempted under state law. 5. Existing structures where the use is changed from an existing permitted use to a different permitted use, provided that no additional improvements are constructed and does not result in additional usable square footage. 6. Certain Agricultural Operations as allowed by the MSHCP, as amended. 7. Vesting Tentative Tract Maps entered into pursuant to Government Code section 66452 et seq. (also, Government Code section 66498.1 et seq.) and Development Projects which are the subject of a development agreement entered into pursuant to Government Code section 65864 et seq., prior to the effective date of a Member Agency's original LMDF Ordinance, wherein the imposition of new fees are expressly prohibited, provided that if the term of such a vesting map or development agreement is extended by amendment or by any other manner after the effective date of the Member Agency's original LDMF Ordinance, the Fee shall be imposed. Except as exempted above, all projects are required to make a mitigation payment/ contribution and where no mitigation payment process is specified, the project will pay the updated per acre mitigation fee. 11 E. Project Area. As defined in the Fee Ordinance, the "Project Area" means the area, measured in acres, within the Development Project including, without limitation, any areas to be developed as a condition of the Development Project. The Project Area shall be calculated in accordance with the following guidelines: 1. The Project Area shall be determined by the Member Agency staff based on the subdivision map, plot plan, and other information submitted to or required by the Member Agency. 2. An applicant may elect, at his or her own expense, to have a Project Area dimensioned, calculated, and certified by a registered civil engineer or licensed land surveyor. The engineer or land surveyor shall prepare a wet -stamped letter of certification of the Project Area dimensions and a plot plan exhibit thereto that clearly delineates the Project Area. Upon receipt of the letter of certification and plot plan exhibit, the Member Agency shall calculate the LDMF required to be paid based on the certified Project Area. 3. Where construction or other improvements on Project Area are prohibited due to legal restrictions on the Project Area, such as Federal Emergency Management Agency designated floodways or areas legally required to remain in their natural state, that portion of the Project Area so restricted shall be excluded for the purpose of calculating the LDMF. F. Developer Refunds and Appeals Under certain circumstances, such as double payment, expiration of a building permit, or fee miscalculation due to clerical error, an applicant may be entitled to a refund. Refunds will be reimbursed by the end of the fiscal year on a first come, first served basis, depending upon the net revenue stream. Refunds will only be considered reimbursable if requested within three (3) years of the original LDMF payment. In all cases, the applicant must promptly submit a refund request with proof of LDMF payment to the RCA if the RCA collected the LDMF, or if collected by a local jurisdiction, the refund request shall be submitted to that local jurisdiction, which will subsequently forward the request to the RCA for verification, review, and possible action. 1. Expiration of Building Permits If a building permit should expire, be revoked, or is voluntarily surrendered and is, therefore voided and no construction or improvement of land has commenced, then the applicant may be entitled to a refund of the LDMF collected which was paid as a condition of approval, less administration costs. Any refund must be requested within three (3) years of the original payment. The applicant shall pay the current LDMF in effect at the time in full if s/he reapplies for the permit. `K 2. Double Payments On occasion due to a clerical error, a developer has paid all or a portion of the required LDMF for project twice. In such cases, a refund of the double payment may be required if the request in made within three (3) years of the original payment. 3. Balance Due When LDMF is incorrectly calculated due to a Member Agency's clerical error, it is the Member Agency's responsibility to remit the balance due to the RCA. The error must be discovered within three (3) years of the original payment for the Member Agency to be held accountable. The amount due can be remitted through alternate methods agreed to by the RCA Executive Committee. If first approved through RCA staff in writing, the calculation is not subject to additional review. G. Options for Administrative Add -On Costs to Fees In the Fee Resolution mentioned in the Fee Ordinance, the Member Agencies are permitted to add an additional cost to the LDMF schedule to cover the Member Agency's costs of imposing, administering, collecting, and remitting the fees. H. Public Project Fees 1. City/County Roadways The Member Agencies shall contribute 5% of the facility construction costs for city/County roads for impacts related to City/County roadways to the RCA as set forth herein. a. The 5% contribution shall apply to the construction of new roads, the widening of existing roads, or other improvements which increase roadway throughput. b. Maintenance projects, as defined herein, are exempt from the 5% contribution. C. The 5% does not apply to: Projects, or portions thereof, paid for by the existing Measure A (contribution already paid directly by RCTC); and ii. Projects, or portions thereof, paid for by TUMF (contribution already paid directly by WRCOG). d. The Member Agency will include the payment of MSHCP fees within its grant applications to the Federal Highway Administration. e. Only contributions for the Caltrans-funded portion of a Caltrans highway project shall be exempted from the Public `R3 Project fee. Caltrans contributions are covered pursuant to MSHCP section 8.4.4 (pages 8-11 & 8-12). 2. City/County Civic Projects The Member Agency will contribute a per acre mitigation fee based upon the current commercial/industrial fee for these types of facilities. 3. Riverside County Flood Control District Projects. Riverside County Flood Control District will contribute mitigation through payment of 3% of total capital costs for a Covered Activity. Such payment may be offset through acquisition of replacement habitat or creation of new habitat for the benefit of Covered Species, as appropriate. Such mitigation shall be implemented prior to impacts to Covered Species and their habitats. I. Monthly Payment. Pursuant to Section 8.5 of the MSHCP, Sections 12.2.1 and 12.2.2 of the IA, and Sections 19.A and 19.13 of the Joint Powers Agreement (JPA), the Member Agencies shall remit all LDMFs which are collected or should have been collected for any Development, as defined in the MSHCP, and contributions for Public Projects to the RCA on a monthly basis to be expended to fulfill the terms of the MSHCP. 1. Payment to the RCA shall be made no later than 90 days after the LDMFs were collected. 2. Payment to the RCA shall be made no later than 90 days after the construction contract for the Public Project is approved by the County or the City/County. J. No Withholding. The Member Agencies may not recover the costs of administering the provisions of their LDMF Ordinance using the LDMF revenues generated by them through said Ordinance. K. Audit. Pursuant to the JPA, the Member Agencies shall maintain complete and accurate records with respect to all LDMFs collected under their LDMF Ordinance and the calculation of contributions for all Public Projects. All such records shall be clearly identifiable. The Member Agencies shall allow a representative of the RCA during normal business hours to examine, audit, and make transcripts or copies of such records. L. Late Payments. Starting January 1, 2008, if a Member Agency fails to remit the monthly payment within 90 days as required in Section 2.0 above, any delinquent amounts will be assessed interest at the rate of the RCA's prevailing rate for invested funds. Notwithstanding the prior sentence, no interest shall be assessed on delinquent fees remitted prior to January 1, 2008. M. No Effect on Withdrawal. The obligations imposed under this Article on the Member Agencies shall not affect any more strict obligation imposed on each of them under Section 22.1 of the I A pertaining to withdrawal from the MSHCP. N. Periodic Fee Adjustment. The fee schedule may be periodically reviewed, and the amounts adjusted by the RCA Board of Directors; the LDMF may be increased or decreased to reflect the changes in actual and estimated costs of the MSHCP including, but not limited to, debt service, lease payments, and acquisition costs. The adjustment of the fees may also reflect changes in the facilities required to be acquired, in estimated revenues received pursuant to this Ordinance, as well as the availability or lack thereof of other funds with which to implement the MSHCP. O. Automatic Annual Fee Adjustment. In addition to the Periodic Fee Adjustment mentioned above, the RCA will provide the Member Agencies with an automatic annual fee adjustment for the fee established by this Ordinance based on the average percentage change over the previous calendar year set forth in the Construction Price Index for the Riverside -San Bernardino -Ontario metropolitan area. P. Authority. The RCA shall have final determination regarding the appropriate methodology to calculate the fee based on the information provided. 0Wesegional conservation Authority tern Riverside County III. Mitigation Payment Requirements :-0 CHAPTER W. MITIGATION PAYMENT REQUIREMENTS New private, public, and other development activity in western Riverside County must comply with the MSHCP, IA, Ordinances, and Resolutions to obtain permits and make the appropriate mitigation payment. This Chapter describes the mitigation payment mechanisms and formulae that apply to different types of projects. It first defines three broad project categories and then provides more detail on the different mitigation payment calculations that apply to different types of projects under these broad categories. The subsequent Chapter IV provides illustrative fee calculations for Private and Public Project examples to clarify the appropriate calculation of mitigation payments.4 RCA staff is available to answer questions if there are questions about mitigation payment requirements for a specific project. A. General Project Categories All projects fall into one of three (3) general categories as described below. Local Permittees should first determine which general category any project falls under. 1. Private Projects Private Projects include projects where the primary project purpose is for use by households, businesses, or other private entities (i.e. not accessible to the public except where allowed by private owner/ renter). These projects include homes, apartments, offices, industrial buildings, and retail stores, among others. This category also includes Private Projects that receive public support (e.g., support through direct public investments in infrastructure, ground leases of publicly owned land, or direct investment of public dollars in projects such as affordable housing). Private Projects often require the development of public infrastructure, improvements, and amenities (e.g., streets, parks, and community buildings) by the project developer. In these cases, the Private Project developer will be responsible for making payments for the private and public components of the project. As discussed in more detail in subsequent sections, the mitigation fee payment calculation for privately developed public infrastructure, improvements, and amenities depends on the type of project (residential versus non-residential) and the nature and role of the improvements (whether they solely serve project residents or serve a broader community). 2. Public Projects Public Projects include projects whose primary goal is to provide publicly accessible/ useable infrastructure, improvements, or other amenities. Public Projects include a broad range of project types, including transportation, flood control, water, wastewater, stormwater, parks, community centers and other public buildings, among others. 4AI1 projects are required to make mitigation payments, except where specifically exempted in the Fee Ordinance. liR Some Public Projects will involve the private sector. Private sector involvement could be through design, construction, operation, and/or funding. For mitigation purposes, these projects are considered Public Projects and are treated the same from a mitigation perspective.5 3. Participating Special Entities (PSE) Projects Some types of projects can obtain the MSHCP benefits of permit streamlining by participating as Participating Special Entities ("PSE's"). This is a third category of project and its mitigation payment requirements are described separately, though in many ways PSE projects are treated similarly to Public Projects. B. Private Projects This section categorizes the different types of Private Projects and the associated mitigation payment requirements. Private project mitigation payments are determined by the MSHCP LDMF for the current fiscal year and project characteristics. Chapter IV provides illustrative examples of different types of Private Projects to further clarify and support the calculation of the appropriate mitigation payment. 1. Private Project Types Private Projects are further distinguished into three (3) types (along with some sub -types). In all cases, mitigation occurs through mitigation fee payment, though as described further below the mitigation fee type and calculation varies for these different types. a. Non -Residential The non-residential category of Private Projects encompasses the full and broad range of Private Projects that do not incorporate residential development. Uses include all commercial, industrial, and any other private non-residential projects. b. Residential The residential category of Private Projects covers the full range of residential development projects, including, but not limited to, residential subdivisions, apartment complexes, infill residential projects, affordable housing projects, single homesite developments, and Accessory Dwelling Units ("ADUs"). Mixed -use Private Projects (projects that combine residential and commercial/ industrial uses) are addressed distinctly, as described below. 5As described above under Private Projects and explained in more detail below, when public infrastructure/ improvements/ amenities are part of a Private Project, the mitigation for the public part of the Private Project is incorporated into the Private Project mitigation requirement. liWA Because of the variation in the type and extent of public infrastructure, improvements, and amenities developed as part of private residential projects, distinctions between different types of residential projects are required. Distinctions are also required as State law limits and specifies the application of mitigation fees to ADUs. • Type I. Residential Development with Resident -Serving Public Improvements Only. Residential projects whose public infrastructure, improvements, and amenities only serve project residents (e.g., in -tract roads, resident clubhouses, pocket parks, and parking for project resident/ guest use) and do not provide broader community access or benefits. • Type II. Residential Development with Community -Serving Public Improvements. Residential projects that include the development of public infrastructure, improvements, and amenities that serve more than project residents alone; e.g., backbone infrastructure such as roads that serve beyond the project residents or parks and amenities that serve more than just the new residential units. • Type III. Accessory Dwelling Units. State law restricts the imposition of mitigation fees on ADUs of less than 750 square feet and provides a formula for ADUs above this size. C. Mixed -Use Projects The mixed -use category of Private Projects encompasses projects that include private residential and private non-residential uses. The mixed -use project category is divided into two types because of the two distinct mixed -use project forms — horizontally mixed - use and vertically mixed -use. • Type I. Horizontally Mixed -Use Projects. Mixed -use projects where a distinct portion of the project land area is developed as residential and a distinct portion as non-residential. For example, a project that includes a residential subdivision and neighborhood shopping center. • Type II. Vertically Mixed -Use Projects. Mixed -use projects where one or more land use is developed vertically above another. For example, a project where apartment units are developed above ground floor retail. 2. Private Project Mitigation Fee Schedule The updated 2020 Nexus Study developed a consistent per gross acre mitigation fee. For residential projects, this per gross acre fee was then translated into per residential unit fees for three different residential development density categories (to allow for a continuation of the existing fee structure). The mitigation fee schedule is shown in Table 3-1 and includes the mitigation fees provided under the updated 2020 Nexus Study (actual fee levels will vary with fee phase -in and annual adjustments). `E:3 Table 3-1: Updated Fee Levels (effective January 1, 2022) Development Type Fee Residential Development Low Density (fewer less than or equal to 8.0 units per Gross Residential Project Acre) $3,635 per Unit Medium Density (between 8.0 and 14.0 units per Gross Residential Project Acre) $1,515 per Unit High Density (more than 14.0 units per Gross Residential Project Acre) $670 per Unit Non -Residential Development Commercial/ Industrial/ Non -Residential Mitigation Fee' $16,358 per Gross Project Acre [1] The per gross acre also applies to the public components to private projects and to certain types of public and PSE Projects. Private Project Mitigation Fee Calculations by Project Type `�7 The table below shows the mitigation payment approach for residential projects. Table 3-2: Mitigation Payment Approach for Residential Projects MITIGATION PAYMENT FORMULA FOR DIFFERENT TYPES OF RESIDENTIAL PROJECTS * Residential Developments - Type I Residential Development with Resident -Serving Public Improvements Only Fee Calculation: Fee Payment = Number of Residential Units x Per Unit Mitigation Fee for Appropriate Density Category Notes: 1. Density Category = Total Number of Residential Units / Gross Residential Project Acres 2. Type I Residential Development cannot include any public improvements that serve beyond the project residents (i.e. only resident -serving public improvements; not "community -serving" public improvements) Residential Developments - Type II Residential Development with Community -Serving Public Improvements Fee Calculation: Fee Payment = Number of Residential Units x Per Unit Mitigation Fee for Appropriate Density Category plus Gross Acres of community -serving Public Improvements x Per Gross Acre Fee Notes: 1. Density Category = Total Number of Residential Units / Gross Residential Project Acres 2. Type II Residential Development includes "Community -serving" Public Improvements that serve beyond the project residents and are not covered by the per residential unit mitigation fee 3. Gross Project Acres = Gross Residential Project Acres + Gross Community -Serving Public Improvement Acres Residential Developments - Type III Development of an Accessory Dwelling Unit (ADU) Fee Calculation: Fee Payment for ADUs of less than 750 square feet _ $0 Fee Payment for ADUs of more than 750 square feet = Per Unit Mitigation Fee for Low Density Category x (ADU square feet / Primary Residence square feet) Notes: 1. State Law does not allow charging of mitigation fees to ADUs of less than 750 square feet 2. State law provides the formula for calculating fee payments by larger ADUs * The term "Public Improvements" is used as a collective term for all Public Infrastructure, Improvement, and Amenities. Pill The table below shows the approach for non-residential projects and mixed -use projects. Table 3-3: Mitigation Payment Approach for Non -Residential and Mixed -Use Projects MITIGATION PAYMENT FORMULA FOR NON-RESIDENTIAL AND MIXED USE PROJECTS * Non Residential Projects All Non -Residential Projects Fee Calculation: Fee Payment = Gross Project Acres x Per Gross Acre Fee Notes: 1. Gross Project Acres include all project acres including non-residential development areas and all associated project acreage (i.e. including all parking, landscaping, public improvements etc.) Mixed -Use Project - Type I Horizontally mixed -use project with residential and non-residential private development Fee Calculation: Fee Payment = Number of Residential Units x Per Unit Mitigation Fee for Appropriate Density Category plus Gross Acres of Community -serving Public Improvements x Per Gross Acre Fee plus Gross Acres of Non -Residential Development x Per Gross Acre Fee Notes: 1. Density Category = Total Number of Residential Units / Gross Residential Project Acres 2. All gross project acres outside of the Gross Residential Project Acres contribute through the per gross acre fee Mixed -Use Project -Type II Vertically mixed -use project with residential and non-residential private development Fee Payment is the higher of two (2) calculations: Calculation 1: Fee Payment = Gross Project Acres x Per Gross Acre Fee Calculation 2: Fee Payment = Number of Residential Units x Per Unit Mitigation Fee for Appropriate Density Category plus Gross Acres of Community -serving Public Improvements x Per Gross Acre Fee Notes: 1. Density Category = Total Number of Residential Units / Gross Project Residential Acres (Gross Residential Acres = Gross Project Acres minus Community -serving Public Improvements Acres) * The term "Public Improvements" is used as a collective term for all Public Infrastructure, Improvement, and Amenities. 21 Key definitions associated with the above mitigation formula table include: • Gross Project Area/ Acres. This is the total or gross areas of the project. This overall acreage can only be reduced under unique circumstances.6 • Gross Residential Area/ Acres. This is the total area of the project dedicated to residential land uses and includes residential buildings as well as "Project Resident -Serving" Infrastructure/ Improvements/ Amenities. • Project Resident -Serving Infrastructure/ Improvements/ Amenities. Infrastructure/ improvements, and amenities that only serve project residents and include, but are not limited to, roads, parks, and non-residential buildings that only serve project residents. • Gross "Community -Serving" Area/ Acres. This is the area of residential projects that provide infrastructure, improvements, and amenities that go beyond only serving project residents and hence are "community -serving". This includes, but is not limited to, roads that serve multiple projects, parks that serve more than one residential project, parking that serves other uses/ developments etc. The acreage associated with these improvements/ amenities are part of the gross project acreage but distinct from project resident -serving improvements/ amenities and the gross residential area. For further clarification, mitigation fee payment calculations for illustrative Private Projects are provided in Chapter IV. C. Public Projects This section categorizes the different types of Public Projects and the associated mitigation payment requirements. The MSHCP, Implementing Agreement, and other documents established the mitigation system for Public Projects that includes a mix of approaches typically tied to a percent of capital cost or the adopted per gross acre mitigation fee for non-residential uses. The mitigation payments for road projects are more complex as certain funding sources (Measure A and TUMF) provide direct mitigation payments for the portions of transportation projects they fund. Chapter IV provides illustrative examples of selected Public Projects to further clarify and support the calculation of the appropriate mitigation payment. 1. Public Project Types Public Projects include the full range of projects that provide public infrastructure, improvements, or amenities. This includes, but is not limited to, public roads, parks, libraries, administrative facilities, jails, courts, and flood control projects among others. As 6Specifically, the MSHCP exempts flood control areas that cannot be developed from mitigation fee calculations. PX described in the following section, certain public/ quasi -public improvements are covered as Participating Special Entity projects (the third major project category type). These include public (and private) utility districts/ companies, School Districts, Special Districts, and other quasi -public entities. Per the MSHCP, Implementing Agreement, and other documents, the mitigation payment requirement/ obligation varies between the following Public Project types. • City/ County Road Projects. Includes all City and County road projects. • City/County Civic Projects. Includes all non -road City and County projects, including City/ County administrative facilities, jails, courts, juvenile facilities, parks, libraries, and all other facilities that serve the public. • Riverside County Flood Control District Projects. Includes all Riverside County Flood Control District projects. As noted in the MSHCP and the Implementing Agreement, mitigation contributions for Caltrans Projects are intended to be covered through a combination of Measure A funds, 3,000 acres of land dedication, and support for the endowment and ongoing positions. Mitigation for federal projects (e.g., development of a federal building) occurs through the Section 7 consultation process of the Federal Endangered Species Act; in some cases, these projects might be required to provide mitigation similar to those of other Public Projects under the MSHCP. 2. Mitigation Requirements and Transportation Funding Sources For transportation projects, the mitigation payment calculations are more complicated due to the distinct mitigation payments/ contributions directly incorporated into certain types of transportation funding, as described below: • TUMF Funding. The TUMF includes a small component tied to the mitigation of the portions of projects funded by TUMF revenues. This portion of the TUMF is passed directly from WRCOG to the RCA. As a result, the proportion of transportation projects that are funded by TUMF revenues are netted out from transportation project mitigation payments (described in more detail below). • Measure A Funding. A portion of the Measure A sales tax revenues was collected and provided to the RCA to support MSHCP implementation. This contribution represented the mitigation payment for the portions of projects funded with Measure A dollars. As a result, the proportion of transportation projects that are funded by Measure A funds are netted out from transportation project mitigation payments (described in more detail below). • Federal Funding. Unlike TUMF and Measure A funding, direct mitigation funding has not been provided for the portions of transportation projects that are federally funded. As a result, federal funding is not excluded from the mitigation payment 23 calculation. It is recommended that Local Permittees incorporate the mitigation payment associated with federally funded portions of their transportation projects into any grant applications for federal transportation funding. 3. Public Project Mitigation Payment Approaches There are two primary approaches that underlie the calculation of Public Project mitigation payments, including: • Per Gross Acre Fee Payments. For some Public Projects, the required mitigation payment is based on the application of the per gross acre fee to the gross project acres. The per gross acre fee is the same fee that applies to Private Projects. The fee will vary each year/ periodically and is calculated at $16,358 per Gross Project Acre in the updated 2020 Nexus Study. • Percent of Construction Costs. For some Public Projects, the mitigation payment requirement is three (3) percent or five (5) percent of total construction costs (described in more detail below). 4. Public Project Mitigation Fee Calculations by Project Type 2LG uoi �InqGq iu Earg I 211 qln� Pgiq coGEa' l�inql� oLqG� Bq� gcdnl?lzlou coGEG guq GGu c�GEG i ioigi cou2A�lou ccoR 2LG g twaulou � ioigi blolcxz coG� 1OZ91 COU?ZLn"IOU CO2E? I UCinqG AMG? LGG�Icnlgllou X�L"� � �P�l D12fLICV 2LEGG191 D12RICV 2uq cGuglu wpGt bnplic �o� giG c�GiGq 92 �E,? I Wo GmGbziou? nu I GGG 2tGGi4icg I iA uolGq iu EEG �qiugucs AMG? EGG bg�GU9 - el� �OGQ �LG2 X bGL �CI?2 �G EGG LGG�Icnlgllou GEmuGt al�lxmll�z �� b�llw vEl 2LG uoi �InqGq iu Eargi 211 q I L� Pglq CO2EG I �Jnq I � COUIIUtS�162 �� Cpg�G MqG� K� gCdnl?lIIOU COGf? gUq 2OU CG2E2 � ioigi cou2A�lou ccGEG 2LG g twaulou �Eiurgi bloGa coG� EWSJ COU?lLnuiou c�;G iucinq& qi�onujGq tLow EpG EaEgi cou2nmrlou co?WMHGtG gbbllcgplG) �1� Zo EGG bG�U; Cgicnipliou guq NG92niG 4nuqiA iz zwgz giG UUE W91UIGugucs GEE� I VbbliGG Eo g I I uGm Logq bLol� gi I iogq miqGui� �ol� 2uq wpGt iogq iu�IwGu� AMG? LGG�Icnlgllou D. Participating Special Entity Projects Participating Special Entities ("PSE's") are entities that are not formally covered under the MSHCP but are allowed to obtain the same MSHCP streamlined permitting by making the appropriate mitigation payments. This section categorizes the different types of PSE projects and the associated mitigation payment requirements. The mitigation payment system for PSE projects is similar to the one for public projects and includes a mix of approaches typically tied to percent of construction costs or the adopted per gross acre mitigation fee for non-residential uses. 1. PSE Project Types Participating Special Entities includes entities/ agencies such as public and private utility districts/ companies, School Districts, Special Districts, and Quasi -Public entities, among others. Public water districts, private water companies, telecommunication companies, Investor Owned Utilities (IOU's), Schools, Colleges, and Universities would all fall in this project category. The mitigation payment requirement/ obligation varies between the following Public Project types. • Non -Linear Projects. Includes all projects that are non -linear in form. • Linear Projects. Includes all linear projects with differentiation in payment amount between permanent and temporary projects. 2. PSE Mitigation Payment Approaches There are two primary approaches that underlie the calculation of Public Project mitigation payments, including: • Per Gross Acre Fee Payments. For non -linear Public Projects, the required mitigation payment is based on the application of the per gross acre fee to the gross project acres. The per gross acre fee is the same fee that applies to Private Projects. The fee will vary each year/ periodically and is calculated at $16,358 per Gross Project Acre in the updated 2020 Nexus Study. • Percent of Construction Costs. For linear projects, the mitigation payment requirement is 5 percent of total construction costs for permanent impacts and three (3) percent of total construction costs for temporary impacts. 3. PSE Project Mitigation Fee Calculations by Project Type IfOM 9cdnrzifiou co2p 9uq 20}[ Co2T2 9Ls uoT lucingeq iU TOT91 COU2fLncf!ou co2T2' CO2T2 IUcing6 911 q!LGCT\ 1J9Lq CO2f21 IUC1ngIUg COUTIU'z6UCIG2 9uq cpq U'z6 OLg6L2' j' JOT91 COU2fLncf!ou CO2T2 9LG 9 boLpou O{ T0T91 bL016CT CO2T2' JOT91 COU2TLncf!ou W OTG2 E66 b9AWGUT = 3\ X JOT91 COU2fLncf!ou Co2T2 E66 C9lcnlgf!ou VII bzE bLolsq? that mr. ��UsaL 1.uloLw auq tswboLaLX r!UG9L bLOIGCE2 - 16WbOL9LA lwb9CE2 E66 b9AWGUT = 2\ X j0T91 COU2fLncf!ou CO2p E66 C9lcnlgf!ou VII b2E b%OlsCtz that ms J�usaL 1.0 XoLw auq bsLwausut r!u69L bLOIGC42 - b6LW9U6Uj lwb9C42 E66 b9AWGUT = eLO22 bL016Cj VCLG2 X b6L eLO22 VCLG E66 E66 C9lcnlgf!ou: VII bzEbLolsgz tvat ms Uol ��Usm 1.uloLw iAou-rlue9L bLOleC42 WllleVIION bVAWEInl EOkfWf ry EOIS DIEEEKEMI lAbE2 OE b2E bISOlEC12 ��►- _ �. •. a►"�41,j .rig. �:a�cll y. . >E t A �; } liy - 1Jy �` L cy a - reloo WAN 01i 4( � b la! R CHAPTER IV. MITIGATION PAYMENT EXAMPLES This chapter provides illustrative fee calculations for examples of Private and Public Projects. Building off the comprehensive description of mitigation requirements and formulae by project type in Chapter III, this chapter provides fee calculations for an illustrative set of projects. Illustrative examples were developed for a range of circumstances and are designed to help Local Permittees identify the appropriate approach for estimating mitigation payments. The examples included in this chapter are for illustration purposes only. In the event of a conflict between these examples and the Fee Ordinance of the applicable City/County, the Fee Ordinance shall control the administration of the Local Development Mitigation Fee. Please contact RCA staff if you are unclear on how to conduct the mitigation payment calculation for a particular project. A. Private Projects: Residential/Mixed Use Examples This section contains six (6) examples of private development projects, including four (4) residential projects and two (2) mixed -use projects. More specifically, the include: • Example 1: All Residential — Low Density • Example 2: All Residential —Low Density— including Backbone Road Construction • Example 3: All Residential — High Density - including Backbone Road Construction • Example 4: All Residential — Combination of Densities • Example 5: Horizontal Mixed Use — Residential/ Commercial — including Backbone Road Construction • Example 6: Vertical Mixed Use — Residential/ Commercial These examples are not intended to be all inclusive but rather give permittees guidance on calculating the mitigation fee payment given different project types and characteristics. Included in each example is a narrative of the example project, a figure representation of the project layout, the development program description, and the mitigation fee calculation. No stand-alone commercial project examples are included as the application of the per gross acre mitigation fee to the gross project acres is universal for all non- residential Private Projects. Example 1 - All Residential — Low Density Residential project to be developed on a total of ten acres (area inside red boundary). The project will include residential units, a community building/ area for the residents of the development (project residents only), and streets within the development (in -tract streets). All roads leading to the development have already been built and do not require investments by the developer. A total of 50 residential units are planned within the ten gross acres, resulting in an average residential density of five units per acre. This represents a low -density residential project for the purpose of the fee program. Please K-01 bszi96unsi rom psua�V, ycalgswwl rom osuaiy, [FOM�UV CamwnupA cwlsi Ks IgGureawua yaiWulrs rum psuzyA 8cai9sul9l gw„oru4A cups FFEMsua�V, m EEO Rwe hwga 0 Emms lu i� ea qa e�a Iud CO=FBl. �U� O rw Ww!d g¢WGum pe qs Uvj Table 1-1: Illustrative Development Program Item Amount Gross Project Area 10 acres Residential Development Area Residential Development Area 8.25 In -Tract/ Project Resident Serving (Residential) 1.75 Total/ Gross Residential Acres 10.00 All Other Development Non -Residential Development Area 0 Backbone/ Area -Serving 0 Total Non -Residential Development 0 Residential Development Low Density (1) 50 Medium Density (1) 0 High Density (1) 0 Total Units 50 units Residential Project Density Residential Project Density 5 units/ acre Residential Fee Density Category (1) LOW (1) Residential density categories as follows: - Low Density - less than or equal to 8 residential units/ gross residential acre. - Medium Density - greater than 8 and less than 16 residential units/ gross residential acre. - High Density - greater than 16 residential units/ gross residential acre. 'CIO] Table 1-2: Mitigation Fee Payment Calculation Per Unit/ Per Acre Mitigation Item Units/ Acres Mitigaiton Fee (1) Fee Payment Residential Development (2) 50 units $3,635 (low density) $181,750 Non -Residential Development (3) 0 acres $16,358 $0 Backbone/ Community -Serving (4) 0 acres $16,358 $0 Total Mitigation Fee Payment (5) $181,750 (1) Fee schedule will be updated periodically. Fee schedule used for Example Calculations as follows: Residential Development Low Density (on average) $3,635 per unit Medium Density (on average) $1,515 per unit High Density (on average) $670 per unit All Other Development $16,358 per gross acre (2) Residential mitigation fee payment covers residential units and associated in -tract infrastructure/ improvements and project resident -serving amenities. All infrastructure, improvements, and amenities that serve beyond the projet residents is covered in separate component of the fee calculation. (3) Includes land area associated with non-residential development, such as commercial/ industrial buildings, parking, and landscaping, among other components. (4) All infrastructure/ improvements/ amenities that serve beyong the project/ project residents and that are not included in the non-residential development fee payment calculation included here. (5) Mitigation fee payment calculation does not include any additional member jurisdiction adminstrative charges. 31 0 y,:zpcwe ma COw RUAcv L f �lwnDe 10E�gGu ��wwaeweaiaa aws� wm�=r000e waa� pea Rw�o =Low lu ie�a: me��:era a�w vosw A ..� e 1asuJui e a nsi BGa 1. r o u=lo rum Dmoarx r"D ra zuonnua Ex P ua cwsi aFel L i9s �m roM osu" Table 2-1: Illustrative Development Program Item Amount Gross Project Area 12.5 acres Residential Development Area Residential Development Area 8.25 In -Tract/ Project Resident Serving (Residential) 1.75 Total/ Gross Residential Acres 10.00 All Other Development Non -Residential Development Area 0 Backbone/ Area -Serving 2_5 Total Non -Residential Development 2.5 Residential Development Low Density (1) 50 Medium Density (1) 0 High Density (1) 0 Total Units 50 units Residential Project Density Residential Project Density 5 units/ acre Residential Fee Density Category (1) LOW (1) Residential density categories as follows: - Low Density - less than or equal to 8 residential units/ gross residential acre. - Medium Density - greater than 8 and less than 16 residential units/ gross residential acre. - High Density - greater than 16 residential units/ gross residential acre. 33 Table 2-2: Mitigation Payment Calculation Per Unit/ Per Acre Mitigation Item Units/ Acres Mitigaiton Fee (1) Fee Payment Residential Development (2) 50 units $3,635 (low density) $181,750 Non -Residential Development (3) 0 acres $16,358 $0 Backbone/ Community -Serving (4) 2.5 acres $16,358 $40,895 Total Mitigation Fee Payment (5) $222,645 (1) Fee schedule will be updated periodically. Fee schedule used for Example Calculations as follows: Residential Development Low Density (on average) $3,635 per unit Medium Density (on average) $1,515 per unit High Density (on average) $670 per unit All Other Development $16,358 per gross acre (2) Residential mitigation fee payment covers residential units and associated in -tract infrastructure/ improvements and project resident -serving amenities. All infrastructure, improvements, and amenities that serve beyond the projet residents is covered in separate component of the fee calculation. (3) Includes land area associated with non-residential development, such as commercial/ industrial buildings, parking, and landscaping, among other components. (4) All infrastructure/ improvements/ amenities that serve beyong the project/ project residents and that are not included in the non-residential development fee payment calculation included here. (5) Mitigation fee payment calculation does not include any additional member jurisdiction adminstrative charges. 4151 O Nep Osuza BuagGppm wmM clgou,tlgg2 pn,Aaaonwrs 0emf1W iwiuv BAV EXOplag CKP.'e eO,ce ." �� �caojsa ysegsuyel giaPDsJa0 uGagG q HOP DGUaO BGc iqs nsi HiaPpcuelV 2pobbiva Ea Pua yezigswai eflji yeeinewisi roa PosUa10 , eguvugayg Vtl�gu,2cu�T WaV osuaM yeepsuoj ei KGb Iq�Wj sag osua�A FAPD�JN� Haag o�a�ia Table 3-1: Illustrative Development Program Item Amount Gross Project Area 12.5 acres Residential Development Area Residential Development Area 8.00 In -Tract/ Project Resident Serving (Residential) 2.00 Total/ Gross Residential Acres 10.00 All Other Development Non -Residential Development Area 0 Backbone/ Area -Serving 2_5 Total Non -Residential Development 2.5 Residential Development Low Density (1) 0 Medium Density (1) 0 High Density (1) 200 Total Units 200 units Residential Project Density Residential Project Density 20 units/ acre Residential Fee Density Category (1) HIGH (1) Residential density categories as follows: - Low Density - less than or equal to 8 residential units/ gross residential acre. - Medium Density - greater than 8 and less than 16 residential units/ gross residential acre. - High Density - greater than 16 residential units/ gross residential acre. Table 3-2: Mitigation Payment Calculation Item Per Unit/ Per Acre Units/ Acres Mitigaiton Fee (1) Mitigation Fee Payment Residential Development (2) 200 units $670 (high density) $134,000 Non -Residential Development (3) 0 acres $16,358 $0 Backbone/ Community -Serving (4) 2.5 acres $16,358 $40,895 Total Mitigation Fee Payment (5) $174,895 (1) Fee schedule will be updated periodically. Fee schedule used for Example Calculations as follows: Residential Development Low Density (on average) $3,635 per unit Medium Density (on average) $1,515 per unit High Density (on average) $670 per unit All Other Development $16,358 per gross acre (2) Residential mitigation fee payment covers residential units and associated in -tract infrastructure/ improvements and project resident -serving amenities. All infrastructure, improvements, and amenities that serve beyond the projet residents is covered in separate component of the fee calculation. (3) Includes land area associated with non-residential development, such as commercial/ industrial buildings, parking, and landscaping, among other components. (4) All infrastructure/ improvements/ amenities that serve beyong the project/ project residents and that are not included in the non-residential development fee payment calculation included here. (5) Mitigation fee payment calculation does not include any additional member jurisdiction adminstrative charges. Example 4 — All Residential — Combination of Densities Residential project to be developed on a total of 7.25 acres (area inside red boundary). The project will include residential units, a community building/area for the residents of the development (project residents only), and streets within the development (in -tract streets). All roads leading to the development have already been built and do not require investments by the developer. A total of 50 residential units are planned within the 7.25 gross acres, including a mix of low- and high -density development. The 50 residential units planned on 7.5 gross acres result in an average residential density of 6.9 units per acre. This represents a low -density residential project for the purpose of the fee program. Please see the visual representation of the project layout (Figure 4-1), the illustrative development program data (Table 4-1), and the mitigation payment calculation (Table 4- 2) below. ON ys21gsu0e1 eszigswisi yseigswwi Torn rom DGU20 m �vrveaoeosgo 0 eom� imiw yoga: esa,ns�ri9i F�q�u�`AaZ]O Z7FD l9lDe':w�txwoa ruwwooWaoie e�ag osya�V, ?gwsma�mw�W 0 rom o=�ia y�wsww p edsa �omos� Table 4-1: Illustrative Development Program Item Amount Gross Project Area 7.25 acres Residential Development Area Residential Development Area 5.75 In -Tract/ Project Resident Serving (Residential) 1.50 Total/ Gross Residential Acres 7.25 All Other Development Non -Residential Development Area 0 Backbone/ Area -Serving 0 Total Non -Residential Development 0 Residential Development Low Density (1) 25 Medium Density (1) 0 High Density (1) 25 Total Units 50 units Residential Project Density Residential Project Density 6.9 units/ acre Residential Fee Density Category (1) LOW (1) Residential density categories as follows: - Low Density - less than or equal to 8 residential units/ gross residential acre. - Medium Density - greater than 8 and less than 16 residential units/ gross residential acre. - High Density - greater than 16 residential units/ gross residential acre. 001 Table 4-2: Mitigation Payment Calculation Per Unit/ Per Acre Mitigation Item Units/ Acres Mitigaiton Fee (1) Fee Payment Residential Development (2) 50 units $3,635 (low density) $181,750 Non -Residential Development (3) 0 acres $16,358 $0 Backbone/ Community -Serving (4) 0 acres $16,358 $0 Total Mitigation Fee Payment (5) $181,750 (1) Fee schedule will be updated periodically. Fee schedule used for Example Calculations as follows: Residential Development Low Density (on average) $3,635 per unit Medium Density (on average) $1,515 per unit High Density (on average) $670 per unit All Other Development $16,358 per gross acre (2) Residential mitigation fee payment covers residential units and associated in -tract infrastructure/ improvements and project resident -serving amenities. All infrastructure, improvements, and amenities that serve beyond the projet residents is covered in separate component of the fee calculation. (3) Includes land area associated with non-residential development, such as commercial/ industrial buildings, parking, and landscaping, among other components. (4) All infrastructure/ improvements/ amenities that serve beyong the project/ project residents and that are not included in the non-residential development fee payment calculation included here. (5) Mitigation fee payment calculation does not include any additional member jurisdiction adminstrative charges. Example 5 — Horizontal Mixed Use — Residential and Commercial — Including Backbone Road Construction Mixed use project to be developed on a total of 22.5 acres (inside red boundary). Residential project to be developed on ten acres. The project will include three components: (1) residential units, a community building/area for the residents of the development (project residents only), and streets within the residential development (in - tract streets); (2) a commercial development (e.g. shopping center) and project -serving improvements (e.g. parking, landscaping, and any other component that is not restricted to use by the residents only); and, (3) backbone/community serving roads on 2.5 acres of land that the member agency has required the builder to construct as a condition of the permit. A total of 50 residential units are planned within the 10 gross residential acres that exclude the backbone/community-serving infrastructure and the commercial development. This results in an average residential density of five units per acre, meaning that the residential component of the project is low density for the purpose of the fee program. Please see the visual representation of the project layout (Figure 5-1), the �aWw La3ll earn E*nga 2L0vy] cads �"A DGnIO 0190 U ILK EONa ONan asCWue ewne p eakaaa�w+m D�revv�k�atiU,�a c=w�V.cdwe, mE+im�sec�seo�a= gGalgG1Jlgj1 BGagGuPel yseiquul101 C6UJGL rympsuzlV, rum osunrA ran psualld 2PObblua Exlznia pWsi gcelgsu[ l bnalgsul�l EsPll ^ou��^� u,s�l9l �Omocuall� � .m TOM osu:l�n �Oa ysalgsulwl 8saigcugel HGa qG 1g1 cOm prum p cello Table 5-1: Illustrative Development Program Item Amount Gross Project Area 22.5 acres Residential Development Area Residential Development Area 8.25 In -Tract/ Project Resident Serving (Residential) 1.75 Total/ Gross Residential Acres 10.00 All Other Development Non -Residential Development Area 10.0 Backbone/ Area -Serving 2_5 Total Non -Residential Development 12.5 Residential Development Low Density (1) 50 Medium Density (1) 0 High Density (1) 0 Total Units 50 units Residential Project Density Residential Project Density 5.0 units/ acre Residential Fee Density Category (1) LOW (1) Residential density categories as follows: - Low Density - less than or equal to 8 residential units/ gross residential acre. - Medium Density - greater than 8 and less than 16 residential units/ gross residential acre. - High Density - greater than 16 residential units/ gross residential acre. 11K Table 5-2: Mitigation Fee Payment Calculation Per Unit/ Per Acre Mitigation Item Units/ Acres Mitigaiton Fee (1) Fee Payment Residential Development (2) 50 units $3,635 (low density) $181,750 Non -Residential Development (3) 10 acres $16,358 $163,580 Backbone/ Community -Serving (4) 2.5 acres $16,358 $40,895 Total Mitigation Fee Payment (5) $386,225 (1) Fee schedule will be updated periodically. Residential Development Low Density (on average) Medium Density (on average) Fee schedule used for Example Calculations as follows: $3,635 per unit $1,515 per unit High Density (on average) $670 per unit All Other Development $16,358 per gross acre (2) Residential mitigation fee payment covers residential units and associated in -tract infrastructure/ improvements and project resident -serving amenities. All infrastructure, improvements, and amenities that serve beyond the projet residents is covered in separate component of the fee calculation. (3) Includes land area associated with non-residential development, such as commercial/ industrial buildings, parking, and landscaping, among other components. (4) All infrastructure/ improvements/ amenities that serve beyong the project/ project residents and that are not included in the non-residential development fee payment calculation included here. (5) Mitigation fee payment calculation does not include any additional member jurisdiction adminstrative charges. Example 6 — Vertical Mixed Use — Residential and Commercial Mixed use project to be developed on a total of 3 acres (inside red boundary). The project will include a podium at street level that will include commercial/ retail as well as parking, residential units in the stories above the podium, as well as streets within the project area (in -tract streets). A total of 90 residential units are planned within the 3-acre project area. This results in an average residential density of 30 units per acre, meaning that the residential component of the project is high density for the purpose of the fee program. Please see the visual representations of the project layout (Figures 6-1 and 6-2), the illustrative development program data (Table 6-1), and the mitigation payment calculations (Tables 6-2 and 6-3) below. Two calculations must be conducted for mixed - use vertical projects and the higher of the two calculations must be used. One calculation treats the project like a residential project and the other calculation treats it like a commercial project. In the example below, the mitigation payment is $60,300 under the first method and $49,300 under the second method, so $60,300 payment applies. 1191 �I� �����- Table 6-1: Illustrative Development Program Item Gross Project Area Residential Development Area Residential Development Area In -Tract/ Project Resident Serving (Residential) Total/ Gross Residential Acres All Other Development Non -Residential Development Area Backbone/ Area -Serving Total Non -Residential Development Residential Development Low Density (1) Medium Density (1) High Density (1) Total Units Residential Project Density Residential Project Density Residential Fee Density Category (1) Amount 3 acres 2.75 0.25 3.00 I 0 0 90 90 units 30.0 units/ acre HIGH (1) Residential density categories as follows: - Low Density - less than or equal to 8 residential units/ gross residential acre. - Medium Density - greater than 8 and less than 16 residential units/ gross residential acre. - High Density - greater than 16 residential units/ gross residential acre. HO Table 6-2: Mitigation Fee Payment Calculation - Method 1 (Residential Focus) Per Unit/ Per Acre Mitigation Item Units/ Acres Mitigaiton Fee (1) Fee Payment Residential Development (2) 90 units $670 (high density) $60,300 Non -Residential Development (3) 0 acres $16,358 $0 Backbone/ Community -Serving (4) 0 acres $16,358 $0 Total Mitigation Fee Payment (5) $60,300 (1) Fee schedule will be updated periodically. Fee schedule used for Example Calculations as follows: Residential Development Low Density (on average) $3,635 per unit Medium Density (on average) $1,515 per unit High Density (on average) $670 per unit All Other Development $16,358 per gross acre (2) Residential mitigation fee payment covers residential units and associated in -tract infrastructure/ improvements and project resident -serving amenities. All infrastructure, improvements, and amenities that serve beyond the projet residents is covered in separate component of the fee calculation. (3) Includes land area associated with non-residential development, such as commercial/ industrial buildings, parking, and landscaping, among other components. (4) All infrastructure/ improvements/ amenities that serve beyong the project/ project residents and that are not included in the non-residential development fee payment calculation included here. (5) Mitigation fee payment calculation does not include any additional member jurisdiction adminstrative charges. CVl Table 6-3: Mitigation Fee Payment Calculation — Method 2 (Commercial/ Proiect Area Focus) Per Unit/ Per Acre Mitigation Item Units/ Acres Mitigaiton Fee (1) Fee Payment Residential Development (2) 0 units $670 (high density) $0 Non -Residential Development (3) 3 acres $16,358 $49,074 Backbone/ Community -Serving (4) 0 acres $16,358 $0 Total Mitigation Fee Payment (5) $49,074 (1) Fee schedule will be updated periodically. Fee schedule used for Example Calculations as follows: Residential Development Low Density (on average) $3,635 per unit Medium Density (on average) $1,515 per unit High Density (on average) $670 per unit All Other Development $16,358 per gross acre (2) Residential mitigation fee payment covers residential units and associated in -tract infrastructure/ improvements and project resident -serving amenities. All infrastructure, improvements, and amenities that serve beyond the projet residents is covered in separate component of the fee calculation. (3) Includes land area associated with non-residential development, such as commercial/ industrial buildings, parking, and landscaping, among other components. (4) All infrastructure/ improvements/ amenities that serve beyong the project/ project residents and that are not included in the non-residential development fee payment calculation included here. (5) Mitigation fee payment calculation does not include any additional member jurisdiction adminstrative charges. B. Public Project Examples This section contains four (4) examples of public development projects, including one (1) Member Agency Civic Project and three (3) transportation/ road projects. These examples are not intended to be all inclusive but rather give permittees guidance on calculating the mitigation fee payment given different project types, characteristics, and, in the case of road/ transportation projects, different sources of funding. The Member Agency Civic project example provides a brief narrative, a representation of the project layout, the development program description, and the mitigation payment calculation. The road/ transportation examples provide a brief narrative of the project, cost estimates, key funding source information, and the mitigation payment calculation. Graphic layouts for the public road projects are not provided as the mitigation payment calculation is tied to costs and funding sources (not the specific layout of the project.) CE:j ® eswwa O eswsua mas 0 s+w O re�a p eiaa�m�asa Table 7-1: Illustrative Development Program Item Amount Library Area 1.0 acres Park 2.0 acres Parking Area Park and Ride Area 1.0 acres General Parking Lot 2.0 acres Subotal - Parking 3.0 acres Gross Project Area 6.0 acres Table 7-2: Mitigation Payment Calculation Item Amount Gross Project Acres 6.0 acres Mitigation Fee per Gross Acre (2) $16,358 Total Mitigation Payment $98,148 (1) Fee schedule will be updated periodically. Fee schedule used for Example Calculations as follows: Commerical/ Industrial* $16,358 per gross acre * Per gross acre fee for Local Public Capital Projects is the same as for commerical/ industrial development. Example 8 — Road Widening with No Measure A or TUMF Funding Road widening project with no Measure A or TUMF funding. Whole project is required to mitigate as project falls into the "new road, road widening, and other non -maintenance road projects" category that are required to mitigate (only maintenance projects costs such as road rehabilitation, restriping, and resealing are not required to mitigate). Total project cost is estimated at $5.5 million, including total direct construction costs of $4.4 million (including the construction cost contingency), $1.1 million in soft costs, and no land/ ROW acquisition costs. Please see the example road project cost estimates data :717 (Table 8-1), the funding source information (Table 8-2), and the mitigation payment calculations (Table 8-3) below. Table 8-1: Illustrative Project Costs Cost Item Cost NEW ROAD, ROAD WIDENING, OR OTHER NON -MAINTENANCE PROJECTS (1) Construction Costs Base Construction Costs $4,000,000 Changes Orders/ Contingency $400,000 (3) Total Construction Costs $4,400,000 Soft Costs $1,100,000 (4) Land Acquisition/ ROW Costs $0 Total Capacity -Increasing Cost $5,500,000 MAINTENANCE PROJECTS (2) Total Construction Costs $0 Total Soft Costs $0 Total Non -Capacity -Increasing Cost $0 TOTAL PROJECT COSTS/ USES $5,500,000 (1) Total Construction costs for new roads, road widening, and other non -maintenance projects are included in the mitigation fee payment calculation (see Table 8-3). (2) Examples of maintenance projects include road rehabilitation, re -striping, and resealing. See Ordinance for full list of maintenance projects that are not required to mitigate. (3) Initial fee payment calculations made on construction cost and construction contigency cost estimates. Additional fee payments also due on any change orders that add net costs above -and -beyond the initial construction cost contigency estimates (3) For illustrative purposes shown as 10% of base construction cost. Contigency (and future Change Orders) will vary by project. (4) For illustrative purposes shown as 25% of total construction costs. 51 Table 8-2: Illustrative Funding Sources Cost Item TUMF/ Measue A Funding TUMF Fee Revenues Meaure A Funding Subtotal Other Funding TOTAL PROJECT FUNDING/ SOURCES Table 8-3: Mitigation Payment Calculation Cost Item TOTAL PROJECT COSTS TOTAL NON -MAINTENANCE CONSTRUCTION COSTS % of FUNDING FROM OTHER FUNDING SOURCES (1) Amount % of Total $0 0% 0% $0 0% $5,500,000 100% $5,500,000 100% ELIGIBLE COST BASIS FOR MITIGATION PAYMENT CALCULCATION Amount Source/ Calculation $5,500,000 a See Table 8-1 $4,400,000 b See Table 8-1 100% c See Table 8-2 $4,400,000 d = b *c Calculation MITIGATION FEE PAYMENT DUE FROM LOCAL JURISDICTION (2) $220,000 e = d * 5% Calculation (1) Other funding sources includes all costs not funded by TUMF or Measue A revenues as calculated in Table 8-2. (2) Mitigation fee paymet by permitting agency is 5% of eligible construction cost. Example 9 — Road Widening Project with 20% Measure A/ TUMF Funding Road widening project with 20% of funding from Measure A and TUMF funding. Whole project is required to mitigate as project - new road, road widening, and other non - maintenance road projects are required to mitigate (only maintenance costs are not required to mitigate). However, 20 percent of the project will be mitigated separately through TUMF or Measure A funding. Total projects cost is estimated at $5.5 million, including total direct construction costs of $4.4 million (including the construction cost contingency), $1.1 million in soft costs, and no land/ ROW acquisition costs. Please see the example road project cost estimates data (Table 9-1), the funding source information (Table 9-2), and the mitigation payment calculations (Table 9-3) below. 40% Table 9-1: Illustrative Project Costs Cost Item Cost NEW ROAD, ROAD WIDENING, OR OTHER NON -MAINTENANCE PROJECTS (1) Construction Costs (2) Base Construction Costs $4,000,000 Changes Orders/ Contingency $400,000 (3) Total Construction Costs $4,400,000 Soft Costs $1,100,000 (4) Land Acquisition/ ROW Costs $0 Total Capacity -Increasing Cost $5,500,000 MAINTENANCE PROJECTS (2) Total Construction Costs $0 Total Soft Costs $0 Total Non -Capacity -Increasing Cost $0 TOTAL PROJECT COSTS/ USES $5,500,000 (1) Total Construction costs for new roads, road widening, and other non -maintenance projects are included in the mitigation fee payment calculation (see Table 8-3). (2) Examples of maintenance projects include road rehabilitation, re -striping, and resealing. See Ordinance for full list of maintenance projects that are not required to mitigate. (3) Initial fee payment calculations made on construction cost and construction contigency cost estimates. Additional fee payments also due on any change orders that add net costs above -and -beyond the initial construction cost contigency estimates (4) For illustrative purposes shown as 10% of base construction cost. Contigency (and future Change Orders) will vary by project. (5) For illustrative purposes shown as 25% of total construction costs. 53 Table 9-2: Funding Sources Cost Item Amount % of Total TUMF/ Measue A Funding TUMF Fee Revenues $800,000 15% Meaure A Funding $300,000 5% Subtotal $1,100,000 20% Other Funding $4,400,000 80% TOTAL PROJECT FUNDING/ SOURCES $5,500,000 100% Table 9-3: Mitigation Fee Payment Calculation Cost Item Amount Source/ Calculation TOTAL PROJECT COSTS TOTAL NON -MAINTENANCE CONSTRUCTION COSTS % of FUNDING FROM OTHER FUNDING SOURCES (1) ELIGIBLE COST BASIS FOR MITIGATION PAYMENT CALCULCATION MITIGATION FEE PAYMENT DUE FROM LOCAL JURISDICTION (2) $5,500,000 a See Table 1 $4,400,000 b See Table 1 80% c See Table 2 $3,520,000 d = b *c Calculation $176,000 e = d * 5% Calculation (1) Other funding sources includes all costs not funded by TUMF or Measue A revenues as calculated in Table 9-2. In cases where Measue A/ TUMF funding is allocated for specifc project cost categories, additional calculations and allocations may be appropriate. In these cases, please contact RCA staff and provide documentation of funding restrictions for support on the appriorate mitigation fee payment calcuation. (2) Mitigation fee paymet by permitting agency is 5% of eligible construction cost. Example 10 - Combined New Road/ Road Rehabilitation Project with 50% Measure A / TUMF Funding Road project that includes the development of a new segment of road along with rehabilitation of a segment of existing roadway. Road project is 50% funded through Measure A or TUMF funds. Total project costs are $8 million. About $6 million is associated with the new road, including $4.4 million in direct construction costs (including the construction cost contingency), $1.1 million in soft costs, and $500,000 in land acquisition costs. About $2 million (25% of overall project cost) is associated with rehabilitation of the existing roadway, including $1.6 million in direct construction costs (including the construction cost contingency) and $400,000 in soft costs. Please see the :'il example road project cost estimates data (Table 10-1), the funding source information (Table 10-2), and the mitigation payment calculations (Table 10-3) below. Table 10-1: Cost Estimates Cost Item Cost NEW ROAD, ROAD WIDENING, OR OTHER NON -MAINTENANCE PROJECTS (1) Construction Costs (2) Base Construction Costs $4,000,000 Changes Orders/ Contingency $400,000 (3) Total Construction Costs $4,400,000 Soft Costs $1,100,000 (4) Land Acquisition/ ROW Costs $500,000 Total Capacity -Increasing Cost $6,000,000 MAINTENANCE PROJECTS (2) Total Construction Costs $1,600,000 Total Soft Costs $400,000 (4) Total Non -Capacity -Increasing Cost $2,000,000 TOTAL PROJECT COSTS/ USES $8,000,000 (1) Total Construction costs for new roads, road widening, and other non -maintenance projects are included in the mitigation fee payment calculation (see Table 8-3). (2) Examples of maintenance projects include road rehabilitation, re -striping, and resealing. See Ordinance for full list of maintenance projects that are not required to mitigate. (3) Initial fee payment calculations made on construction cost and construction contigency cost estimates. Additional fee payments also due on any change orders that add net costs above -and -beyond the initial construction cost contigency estimates (4) For illustrative purposes shown as 10% of base construction cost. Contigency (and future Change Orders) will vary by project. (5) For illustrative purposes shown as 25% of total construction costs. Table 10-2: Funding Sources Cost Item Amount % of Total TUMF/ Measue A Funding TUMF Fee Revenues $2,000,000 25% Meaure A Funding $2,000,000 25% Subtotal $4,000,000 50% Other Funding $4,000,000 50% TOTAL PROJECT FUNDING/ SOURCES $8,000,000 100% Table 10-3: Mitigation Payment Calculation Cost Item Amount Source/ Calculation TOTAL PROJECT COSTS $8,000,000 a See Table 1 TOTAL NON -MAINTENANCE CONSTRUCTION COSTS $4,400,000 b See Table 1 % of FUNDING FROM OTHER FUNDING SOURCES (1) 50% c See Table 2 ELIGIBLE COST BASIS FOR MITIGATION PAYMENT CALCULCATION $2,200,000 d = b *c Calculation MITIGATION FEE PAYMENT DUE FROM LOCAL JURISDICTION (2) $110,000 e = d * 5% Calculation (1) Other funding sources includes all costs not funded by TUMF or Measue A revenues as calculated in Table 10-2. In cases where Measue A/ TUMF funding is allocated for specifc project cost categories, additional calculations and allocations may be appropriate. In these cases, please contact RCA staff and provide documentation of funding restrictions for support on the appriorate mitigation fee payment calcuation. (2) Mitigation fee paymet by permitting agency is 5% of eligible construction cost. 74 94 ior oO VA CHAPTER V. DEFINITIONS DEFINITIONS (Including Definitions defined in the Fee Ordinances): "Accessory Dwelling Unit" means an accessory dwelling unit as defined by California Government Code section 65852.20)(1), or as defined in any successor statute. "City/County Civic Projects" means all non -road City and County projects, including City/ County administrative facilities, jails, courts, juvenile facilities, parks, libraries, and all other facilities that serve the public. "City/ County Road Projects" means all City and County road projects. "Construction Cost" means and includes the cost of the entire construction of the roadway project, including all supervision, materials, supplies, labor, tools, equipment, transportation and/or other facilities furnished, used or consumed, without deduction on account of penalties, liquidated damages or other amounts withheld from payment to the contractor or contractors, but such cost shall not include the Consulting Engineer/Architect's fee, or other payments to the Consulting Engineer/Architect and shall not include cost of land or Rights -of -Way and Easement acquisition. "Credit" means a credit allowed pursuant to Section 10 of this Ordinance, which may be applied against the development impact fee paid. "Development" means a human -created change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filing, grading, paving, excavating, and drilling. "Development Project" or "Project" means any project undertaken for the purpose of development pursuant to the issuance of a building permit by the City/County pursuant to all applicable ordinances, regulations, and rules of the City/County and state law. "Fuel modification area" means an area established adjacent to structures or roads in which highly combustible native plants, invasive introduced, or ornamental plants are modified and/or totally replaced with fire resistant or drought resistant alternatives; or areas subject to hazardous abatement orders. "Gross "Community -Serving" Area/ Acres" means the area of residential projects that provide infrastructure, improvements, and amenities that go beyond only serving project residents and hence are "community -serving". This includes, but is not limited to, roads that serve multiple projects, parks that serve more than one residential project, parking that serves other uses/ developments etc. The acreage associated with these improvements/ amenities are part of the gross project acreage but distinct from project resident -serving improvements/ amenities and the gross residential area. :01% "Gross Project Area/ Acres" means is the total or gross areas of the project. This overall acreage can only be reduced under unique circumstances. "Gross Residential Area/ Acres" means the total area of the project dedicated to residential land uses and includes residential buildings as well as "Project Resident - Serving" Infrastructure/ Improvements/ Amenities. "Hazardous vegetation" means vegetation that is flammable and endangers the public safety by creating a fire hazard, including, but not limited to, seasonal and recurrent weeds, stubble, brush, dry leaves, and tumbleweeds. "Junior Accessory Dwelling Unit" means a junior accessory dwelling unit as defined by California Government Code section 65852.22(h)(1), or as defined in any successor statute. "Linear Projects" means all linear PSE projects with differentiation in payment amount between permanent and temporary projects. "Local Development Mitigation Fee" or "Fee" means the development impact fee imposed pursuant to the provisions of this Ordinance. "Maintenance Projects" means projects that include, but are not limited to, pavement repairs, tree trimming, bridge maintenance, and pavement restriping and roadway reconstruction which do not add new lanes. "Manufactured slope" means a slope created by natural landform alteration (grading), by cutting or filling a natural slope, or importing fill material to create a slope. "Member Agency" or "Member Agencies" means those Cities and Counties that are signatories to the RCA Joint Powers Agreement. "Multiple Species Habitat Conservation Plan" or "MSHCP" means the Western Riverside County Multiple Species Habitat Conservation Plan "MSHCP Conservation Area" has the same meaning and intent as such term is defined and utilized in the MSHCP. "Non -Linear Projects" means all PSE projects that are non -linear in form. "Ordinance" means the Fee Ordinance adopted by the Cities and the County to implement the MSHCP Local Development Mitigation Fee. "Private Projects" means those projects where the primary project purpose is for use by households, business, or other private entities (i.e. not accessible to the public except where allowed by private owner/ renter). This category also includes Private Projects that receive public support (e.g., support through direct public investments in infrastructure, ground leases of publicly owned land, or direct investment of public dollars in projects such as affordable housing). 61f:1 "Project Area" means the area, measured in acres, within the Development Project including, without limitation, any areas to be developed as a condition of the Development Project. Except as otherwise provided herein, the Project Area is the area upon which the project will be assessed the Local Development Mitigation Fee. See the RCA Mitigation Fee Implementation Handbook Manual for additional guidance for calculating the Project Area. "Project Resident -Serving Infrastructure/ Improvements/ Amenities" means Infrastructure/ improvements, and amenities that only serve project residents and include, but are not limited to, roads, parks, and non-residential buildings that only serve project residents. "Public Projects" means all City/County Civic Projects and all City/County Road Projects. These Public Projects include infrastructure projects, civic projects and Riverside County Flood Control District projects. "Revenue" or "Revenues" means any funds received by the City/County pursuant to the provisions of this Ordinance for the purpose of defraying all or a portion of the cost of acquiring and preserving vegetation communities and natural areas within the City/County and the region which are known to support threatened, endangered, or key sensitive populations of plant and wildlife species. "Riverside County Flood Control District Projects" means all Riverside County Flood Control District projects. "Western Riverside County Regional Conservation Authority" or "RCA" means the governing body established pursuant to the MSHCP that is delegated the authority to oversee and implement the provisions of the MSHCP. Any capitalized term not otherwise defined herein shall carry the same meaning and definition as that term is used and defined in the MSHCP. 6&0 Regional MSHCP LDMF Implementation Frequently Asked Questions Conservation February 5, 2021 Authority For more information, contact: Western Riverside County Anne Mayer (amayer@rctc.org) or Aaron Hake (ahake@rctc.org) 1. What is the Multiple Species Habitat Conservation Plan (MSHCP)? The Western Riverside County MSHCP, originally adopted in 2004, is a comprehensive, multi -jurisdictional Habitat Conservation Plan (HCP) focusing on the permanent conservation of 500,000 acres and the protection of 146 species, including 33 that are currently listed as threatened or endangered. The MSHCP was developed in response to the need for future growth opportunities in western Riverside County, from housing developments to transportation and infrastructure, while addressing the requirements of the State and federal Endangered Species Acts (ESA). The MSHCP serves as an HCP pursuant to Section 10(a)(1)(B) of the federal Endangered Species Act of 1973 as well as a Natural Communities Conservation Plan (NCCP) under California's NCCP Act of 2001. The MSHCP streamlines these environmental permitting processes by allowing the participating jurisdictions to authorize "take" of plant and wildlife species identified within the Plan Area and has saved taxpayers by expediting the construction of more than 30 major freeway and road improvements in Riverside County valued at more than $5 billion. 2. What is the Local Development Mitigation Fee (LDMF)? Funding of the MSHCP is derived from federal, state, and local sources. However, the main funding source for local acquisitions is the imposition and collection of the LDMF. The LDMF is a fee imposed on new local residential, commercial, and industrial development and infrastructure and civic projects and contributes to the overall funding required to implement the MSHCP. The LDMF is imposed pursuant to California Government Code Section 66000 et seq. ("The Mitigation Fee Act"). The fee is administered by the Western Riverside County Regional Conservation Authority (RCA) but collected by the Local Permittees. Imposition of the LDMF is an express commitment of local agencies that signed the MSCHP and Implementing Agreement (IA). 3. What is the Implementing Agreement (IA)? The IA was entered into by signatories to the MSHCP in June 2004 to ensure implementation of and compliance with each of the terms of the MSHCP and for the benefit of the 146 Covered Species, while allowing for future economic growth. In addition, the IA: • Provides remedies and recourse should any Party fail to perform its obligations, responsibilities, and tasks as set forth in the MSHCP, the Permits, and the IA; • Provides assurances to Permittees and others participating in the MSHCP that implementation of the IA and the MSHCP will adequately provide for the conservation and protection of Covered Species Adequately Conserved in their habitats in the Plan Area; and • Provides that if the terms of the MSHCP, the IA, and the Permits are properly implemented, the Wildlife Agencies will not require additional mitigation from Permittees with respect to Covered Species Adequately Conserved. Signatories to the IA include the 18 western Riverside County cities of Banning, Beaumont, Calimesa, Canyon Lake, Corona, Eastvale, Hemet, Jurupa Valley, Lake Elsinore, Menifee, Moreno Valley, Murrieta, Norco, Perris, Riverside, San Jacinto, Temecula, and Wildomar; the County of Riverside; County Flood Control and Water Conservation District; County Regional Park and Open -Space District; County Department of Waste Resources; the Riverside County Transportation Commission; the California Department of Transportation; the California Department of Parks and Recreation; the United States Fish and Wildlife Service; and the California Department of Fish and Wildlife. 4. Who are Local Permittees? Local Permittees are the local agencies which are signers of the federal Endangered Species Act permit issued by the United States Fish and Wildlife Service. They include the 18 western Riverside County cities of Banning, Beaumont, Calimesa, Canyon Lake, Corona, Eastvale, Hemet, Jurupa Valley, Lake Elsinore, Menifee, Moreno Valley, Murrieta, Norco, Perris, Riverside, San Jacinto, Temecula, and Wildomar; the County of Riverside; County Flood Control and Water Conservation District; County Regional Park and Open -Space District; County Department of Waste Resources; and the Riverside County Transportation Commission. The California Departments of Transportation and Parks and Recreation are also signers of the permit; however, those organizations are not considered local permittees. Per Section 6 of the MSHCP, local jurisdictions will implement the MSHCP through their normal land use, planning, and approval process as described in Section 6.1.1 as well as through management of contributed public lands. By fulfilling their requirements under the MSHCP, including imposition of the LDMF, Local Permittees retain the benefits of the MSHCP, ranging from ESA coverage for projects within their jurisdiction and Measure A transportation funding. 5. Who are Member Agencies of the RCA? Member Agencies are the signatories to the Joint Exercise of Powers Agreement forming the Western Riverside County Regional Conservation Authority (RCA). They include the 18 western Riverside County cities of Banning, Beaumont, Calimesa, Canyon Lake, Corona, Eastvale, Hemet, Jurupa Valley, Lake Elsinore, Menifee, Moreno Valley, Murrieta, Norco, Perris, Riverside, San Jacinto, Temecula, and Wildomar and the County of Riverside. The Member Agencies form the independent RCA Board of Directors to acquire, administer, operate, and maintain land and facilities to establish habitat reserves for the conservation and protection of species covered by the MSHCP and to implement the MSHCP. 6. What other Funding Sources Contribute to the MSHCP? • Measure A • Regional Transportation Funding (Public contributions from regional transportation infrastructure projects) • Landfill Tipping Fees • Mitigation Fees, including private development mitigation fees • Federal and State grants 7. What is the 2020 Nexus Study? The Western Riverside County MSHCP 2020 Nexus Study establishes the legal and policy basis by which a mitigation fee, pursuant to "The Mitigation Fee Act" (California Government Code Section 66000, et seq.), contributes to finance habitat acquisition and other appropriate uses in connection with new development in the MSHCP Plan Area. The 2020 Nexus Study provides a thorough analysis of costs, funding sources, and forecasts future development in western Riverside County. It also provides the financial and technical justification for changes to the LDMF. The full 2020 Nexus Study can be reviewed at www.wrc-rca.o 8. Why was a Nexus Study update needed? An updated Nexus Study was needed to ensure adequate funding to complete the MSHCP and fulfill the responsibilities of Local Permittees as required by the MSHCP Implementing Agreement. A Nexus Study was completed in 2003 coinciding with the adoption of the MSHCP, Implementing Agreement, and the signing of the Permits. Section 8.5.1 of the MSHCP allows the fee to be reevaluated and revised should it be found to insufficiently cover mitigation of new development. The 2020 Nexus Study represents the first reevaluation of the LDMF since originally implemented. 9. What were the results of the 2020 Nexus Study? The 2020 Nexus Study determined the fee level required to provide sufficient revenues to support the full implementation of the MSHCP, including the completion of all land acquisition and the funding for the Plan endowment, by 2044 (Year 40 of Plan implementation). The endowment will cover the administration and land management and monitoring after the completion of land acquisition. This represents a 15-year extension of the acquisition period as approved by the RCA Board of Directors at its December 2020 board meeting. As noted on pages 6 and 7 of the 2020 Nexus Study and discussed in detail in Chapters 2 through 7, the key drivers of the fee change are: • Lower -than -expected land dedications through the Habitat Evaluation and Acquisition Negotiation Strategy (HANS); • Lower than expected regional infrastructure public contributions; and • Desire to implement a "per gross acre" fee which provides a more consistent and equitable approach for all land use development types. 10. Why is the LDMF Changing? As a result of lower -than -expected land dedications, regional infrastructure public contributions, and the desire to implement a "per gross acre" fee, the 2020 Nexus Study determined the LDMF will increase on all categories except for high -density residential, to provide the financial certainty to complete the MSHCP and maintain the habitat in perpetuity. The LDMF increases will support the continued implementation of the MSHCP and the streamlining of endangered species incidental take permitting for new western Riverside County development provided under the MSHCP, while providing the funding necessary to acquire, monitor, and manage the 500,000 acres required by the MSHCP. Also, the LDMF increases will ensure long-term protection and maintenance of the habitats. Without updating the LDMF, Local Permittees would be unlikely to meet their commitments as agreed to in the Implementing Agreement, the ultimate consequence of which would be revocation of the endangered species incidental take permits by state and federal agencies. 11. How is the LDMF Changing? Nexus Study LDMF Fee Schedule Current fee per unit or per Effective Effective Category acre July 1, 2021 January 1, 2022 Residential: Up to 8.0 $2,234 $2,935 $3,635 dwelling units/acre (DUAC) Residential:8.0-14 $1,430 $1,473 $1,515 DUAC Residential: 14.0+ DUAC $1,161 $670 $670 Commercial (per acre) $7,606 $11,982 $16,358 Industrial (per acre) $7,606 $11,982 $16,358 12. Who Approved the Nexus Study and LDMF Increase? The RCA Board of Directors adopted the 2020 Nexus Study and increase in LDMF at its December 7, 2020 public board meeting by a 17-1 vote. 13. When is the LDMF increase effective? The LDMF increase is effective in two phases. The first phase, an increase of 50%, is effective July 1, 2021. The second phase, full implementation, is effective January 1, 2022. 14. What is needed from Member Agencies regarding the Ordinance and Resolution? Member Agencies must prepare the ordinance and resolution to be considered and approved by the City Council (Board of Supervisors in the case of the County of Riverside) in time to implement the new fee by July 1, 2021. Final action of the city council/Board of Supervisors must be no later than May 2, 2021 to ensure the new Ordinance takes effect by July 1, 2021. California Government Code Section 66017 states that the fee "shall be effective no sooner than 60 days following the final action on the adoption of the fee or charge or increase in the fee or charge." Per the Implementing Agreement which cities and the County of Riverside signed, the cities and County must adopt the Ordinance, "in substantially the same form or at a minimum, containing the same requirements as the model ordinance," adopted by the RCA Board of Directors. 4 15. Why was the Resolution added separately from the Ordinance? The Resolution was added in addition to the Ordinance to allow for a more efficient process to update future fee changes 16. What changes are in the Ordinance? The original model ordinance for Member Agencies to implement the LDMF was included in the Implementing Agreement which was approved in June 2004. Several changes are made to the model Ordinance including: • Language is added to the Ordinance reaffirming RCA as the administrator of the Ordinance; authorizing the RCA to receive all fees generated; and to invest, account for, and expend such fees in accordance with the MSHCP. These functions are consistent with current practices; • Additional clarification is added with respect to refunds; • Exemptions are clarified; • Language is added to clarify that the LDMF will be paid no later than at the issuance of a building permit; • Language was added concerning the mitigation of public projects and fee credits allowing the RCA Board of Directors to rescind Resolution Nos. 2007-04 and 2016-003 and the "Tenets Relating to Local Infrastructure Contribution" adopted on February 5, 2007. 17. What is the MSHCP Mitigation Fee Implementation Manual? The MSHCP Mitigation Fee Implementation Manual (Manual) is an administrative document that provides direction to local jurisdictions under the MSHCP concerning their obligations under the MSHCP and the incidental take permits regarding the imposition, collection, accounting, remittance, and calculation of the LDMF. The Manual sets the rules for fee implementation, discusses collection and remittance of fees, outlines the appropriate methods for calculating mitigation fee payments for different types of projects, and provides multiple examples of how to apply the LDMF. The Manual can be updated by the RCA Board of Directors to address ongoing concerns at any time. Changes to the LDMF can only be made by Resolution and not through an update to the Manual. 18. How are Measure A transportation sales tax funds related to the LDMF? To be eligible for Measure A transportation funds, Member Agencies are required to implement and remit the LDMF in accordance with the MSHCP. This is a requirement of the Measure A Ordinance adopted by Riverside County voters. Annually, RCA certifies Member Agency compliance to RCTC. 19. Who should I contact with questions about implementation of the LDMF? Jennifer Fuller Financial Administration Manager jfuller@rctc.or� (951) 787-7141 Nexus Study Background Summary egional February 1, 2021 onservation For more information, contact: Authority Anne Mayer (amayer@rctc.org) or Aaron Hake (ahake@rctc.org) Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) — Originally adopted in 2004, the MSHCP is a comprehensive plan focusing on permanent conservation of 500,000 acres and protection of 146 species in Western Riverside County. Contribute to the economy— Implementation of the MSHCP accelerates construction of infrastructure and development, reduces project costs, and provides permitting efficiencies that lead to economic growth. Ensure financial stability —The MSHCP fee has not been increased (other than CPI adjustments) since inception in 2004. • Several assumptions in the original 2004 nexus study did not occur, causing a revenue gap that would only get wider by further delaying the implementation of a new nexus study. • RCA must demonstrate full funding of the MSHCP to the state and federal wildlife agencies who provide the permits for the MSHCP. Without these permits, the MSHCP cannot provide coverage for private development and public infrastructure projects under the federal and state Endangered Species Acts. Without this coverage, each project would be responsible for mitigating their own impacts pursuant to these laws, which could be very costly and uncertain. Mindful implementation — Recognizing the current economic situation, the RCA Board, in consultation with the BIA, adopted the lowest possible fee evaluated in the Nexus Study, along with a phase -in of the increase. 50% of the increase will take effect on July 1, 2021, with the remaining 50% taking effect on January 1, 2022. • The lower fee increase is made possible by extending the land acquisition period by an additional 15 years. Adding this time for development to occur spreads the fee and mitigates the increase. The Nexus Study identified an equitable distribution of the fee where each acre developed is treated roughly the same. Nexus Study LDMF Fee Schedule Category Current fee per unit or per acre Effective July 1, 2021 Effective January 1, 2022 Residential: Up to 8.0 dwelling units/acre (DUAC) $2,234 $2,935 $3,635 Residential:8.0-14 DUAC $1,430 $1,473 $1,515 Residential: 14.0+ DUAC $1,161 $670 $670 Commercial (per acre) $7,606 $11,982 $16,358 Industrial (per acre) $7,606 $11,982 $16,358 Prepayment allowed — Cities and the County may accept prepayment of fees at their own discretion for applicants wishing to pay current fee levels prior to July 1, 2021. Transparent decision making — The RCA Board, consisting of elected officials representing 18 cities and the County Board of Supervisors, adopted the Nexus Study on December 7, 2020 at its public meeting. The RCA Executive Committee discussed the Nexus Study in six Brown Act public meetings over the course of a year (November 2019- November 2020). On November 2, 2020, the draft Nexus Study was posted on the RCA website, more than 30 days before the full Board of Directors' consideration, in excess of minimum transparency requirements. Meeting the commitment —Cities and the County must adopt the updated MSHCP fee before May 2, 2021 to remain compliant with the MSHCP and be eligible to receive the Plan's benefits. • RCA has transmitted the model ordinance and resolution to adopt the updated fee to city and county staffs. RCA staff is available to assist with implementation questions. New management, enhanced services — RCA is now under the management of RCTC. RCTC is committed to enhancing its service to the private sector through joint project reviews and to public agencies seeking to build infrastructure. Notice of Public Hearing THE CITY OF TEMECULA 41000 Main Street Temecula, CA 92590 A PUBLIC HEARING has been scheduled before the CITY COUNCIL to consider the matter(s) described below. CASE NO.: Long Range Planning Project No. LR21-0392, Multi Species Habitat Conservation Plan Fee Update APPLICANT: City of Temecula Location: Citywide PROPOSAL: Adopt an ordinance amending Chapter 15.10, Western Riverside County Multi Species Habitat Conversation Plan Fee Program, to update the local mitigation fee for funding the preservation of natural ecosystems in accordance with the Western Riverside County Multi Species Habitat Conversation Plan and incorporate the findings of the 2020 Nexus Study. Adopt a resolution establishing a revised Local Development Mitigation Fee pursuant to Chapter 15.10 and an administrative fee for the processing of the fees. ENVIRONMENTAL ACTION: In accordance with the California Environmental Quality Act ("CEQA"), the City Council will make a findings that the proposed ordinance and resolution are exempt from the requirements of CEQA pursuant to Section 21080 (b)(8) of the Public Resources Code and Sections 15273 and 15378(b)(4) of the State CEQA Guidelines and that there is no possibility that the ordinance and resolution would have a significant impact on the environment. DATE OF HEARING: April 13, 2021 TIME OF HEARING: 7:00 PM or as soon thereafter as the matter may be heard. PLACE OF HEARING/HEARING PROCEDURES. This meeting at which the public hearing will be held is being conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29-20, dated March 17, 2020, regarding the COVID- 19 pandemic. In accordance with the order, the public may not view the meeting in -person in the Council Chamber. The live stream of the meeting may be viewed on television and/or online. Details can be found at temeculaca.gov/tv. For those wishing to make public comments at the public hearing, you must your comments by email to be read aloud into the record at the meeting by the City Clerk. Email comments must be submitted to randi.johl(ii�,temeculaca.gov. Email comments on the public hearing must be received prior to the close of the public hearing. All email comments shall be subject to the same rules as would otherwise govern public comments at an in -person meeting. Public Comments for this public hearing may only be submitted via email. Comments via text and social media will not be accepted. The City Clerk shall read all email comments, provided that the reading shall not exceed five (5) minutes, or such other time as the Council may provide, consistent with the time limit for speakers at an in -person Council meeting. The email comments shall become part of the meeting record. Email shall include written correspondence. AVAILABILITY OF MATERIALS RELATED TO THE PROPOSED ORDINANCE AND RESOLUTION. Pursuant to Government Code sections 66016, 66017, and 66018, the City will: (a) make available to the public, at least ten (10) days prior to its public hearing, data indicating the estimated cost required to provide the facilities and infrastructure for which these development fees are levied and the revenue sources anticipated to provide those facilities and infrastructure; (b) mail notice at least fourteen (14) days prior to this meeting to all interested parties that have requested notice of new or increased development fees. This data is included in the 2020 Nexus Study and the proposed ordinance and resolution that will be posted on the City's website not less than ten (10 days) prior to the public hearing. If you would like further information about the proposed MSHCP Fee Ordinance and Resolution, please contact Luke Watson, Director of Community Development, at (951) 694-6415. JUDICIAL REVIEW. Any petition for judicial review of a decision of the City Council shall be filed within the time required by, and controlled by, the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the City Council, shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. Item No. 16 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: April 13, 2021 SUBJECT: Adopt Resolution Formalizing Previous Direction Regarding the Conduct of In Person Public Meetings and Provide Additional Direction As Needed PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk Peter Thorson, City Attorney RECOMMENDATION: That the City Council adopt the following resolution formalizing its direction regarding the conduct of in person public meetings and provide additional direction as needed: RESOLUTION NO. 2021 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SETTING FORTH THE PROTOCOL FOR THE CONDUCT OF IN PERSON PUBLIC MEETINGS DURING THE EXISTENCE OF A STATE DECLARED EMERGENCY FOR THE COVID 19 PANDEMIC Note: The recommendations and guidance contained herein, and in the referenced resolution, follow the guidance in place at the time of writing and may not align with those in effect at the time of the City Council meeting. BACKGROUND: At the meeting of March 9, 2021, Council Member Jessica Alexander requested that an item be placed on the agenda regarding opening City Council meetings for in person attendance by the Council and public. The item came before the City Council on March 23, 2021 for discussion and direction. The item before the City Council tonight formalizes the direction provided into a resolution setting forth the protocol for the conduct of in person public meetings during the existence of a state declared emergency for the COVID-19 pandemic. In addition to the adoption of the resolution, it is requested that the City Council provide any additional direction as desired. Current Conduct of Meetings Currently, City Council meetings are conducted virtually utilizing Zoom technology. The technology operates on a nearly all or nothing platform. For virtual meetings, the platform allows for one onsite presence in the Council Chambers with the balance of participants joining virtually. For in person meetings, the platform requires all participants onsite in the Council Chambers and allows for one virtual offsite participant. Currently, all public comments are received electronically via email and read into the record consistent with the Governor's Executive Order No. N-29-20. General Considerations for Change in Conduct of Meetings At the March 23, 2021 meeting, the City Council evaluated changes to the current process and provided direction on the following items: 1. When would the City Council like to begin conducting in person meetings again? 2. When conducting in person meetings again, would the Council prefer a partial opening with only Council and staff in the Chambers, or a full opening with the public in the Chambers as well? If a partial opening is preferred, when would the Council prefer the full opening to occur? 3. When conducting in person meetings again, which health and safety protocols would the Council like to have in place? What enforcement mechanisms would the Council like in place for these health and safety protocols. 4. When conducting in person meetings again, how would the Council like to receive and record public comments? 5. When would the Council like the boards and commissions to conduct in person meetings again? As there were numerous legal, best practice, and staff implications associated with each of these items, the detail and direction associated with each item is discussed below. 1. When would the City Council like to begin conducting in person meetings again? Direction Given at the March 23, 2021 Meeting on Item #1: For purposes of discussion, the first regularly scheduled City Council meeting in May 2021. The City of Temecula, as a government entity, is an essential business under the Governor's Emergency Orders. On March 16, 2021, the City as a part of Riverside County, moved from the Purple Tier with widespread status under the State of California's Blueprint for Safer Economy, to the Red Tier with substantial spread. On April 7, 2021, the City and County moved from the Red Tier to the Orange Tier with moderate spread. Government services may continue to be provided with modifications under the Orange and Yellow Tiers. htt2s:Hcovidl9.ca.gov/safer- economy/ However, under both the State and County public health orders, indoor gatherings of persons from multiple households are still discouraged and strictly limited. As counties move from Purple Tier to Red Tier, some indoor activities including weddings, funerals, services in places of worship, and movie theaters are permitted with a maximum 25% capacity and health mitigation. Indoor and outdoor live entertainment performances are still prohibited in the Red Tier. According to CDPH, because such gatherings frequently involve the mixing of people from different communities creating a high risk of transmission of COVID-19, until further CDPH guidance is issued, such gatherings are allowed only in counties in the "Moderate" (orange) or "Minimal" (yellow) risk levels. In addition, performances are permitted only if, in the exercise of their discretion, the relevant health officer approves the precautions taken to ensure the safety of audience members, performers and others connected with the performance. Performances may have no more than 50 persons in the audience in counties in the "Moderate" (orange) risk level and no more than 100 in counties in the "Minimal" (yellow) risk level. https://www.rivcoph.org/coronavirus and https://covidl9.ca. og v/stay-home-except-for-essential-needs/. Mitigation for permitted gatherings includes public health measures such as social distancing of 6 feet, wearing a mask, temperature checks, health screenings, sanitation of equipment, etc. Implementation of these mitigation measures necessarily includes additional staff resources and equipment and/or personal protective equipment (PPE) for the public. A reasonable amount of lead time would be required to acquire and/or implement changes regardless of when in person meetings resume. 2. When conducting in person meetings again, would the Council prefer a partial opening with only Council and staff in the Chambers, or a full opening with the public in the Chambers as well? If a partial opening is preferred, when would the Council prefer the full opening of the Chambers to occur? Direction Given at the March 23, 2021 Meeting on Item #2: A full opening with both the City Council and members of the public in attendance with the appropriate public health measures in place. As mentioned under the previous item, in person Council meetings, whether partial or full, would require implementation of public health measures to mitigate for gathering prohibitions under State and County public health orders. The number of staff, amount of equipment, and space accessibility that is needed to implement the measures varies dependent on whether the opening is partial or full. For example, with a partial opening less space is needed as Council may be social distanced on the dais and staff may be socially distanced in the general seats of the Chamber. Public health measures are already administratively required for all employees onsite. With a full opening to in person meetings, there may be additional needs for space in the Conference Center, PPE availability for the public, temperature check equipment near entrances, etc. that will require additional onsite staff before, during and after the meetings are conducted. 3. When conducting in person meetings_again, which health and safety_ protocols would the Council like to have in place? What enforcement mechanisms would the Council like in place for these health and safety protocols. Direction Given at the March 23, 2021 Meeting on Item #3: Public health measures for in person meeting attendance by the City Council and members of the public include social distancing, mask wearing, sanitation station, cleaning and disinfecting equipment, temperature checks, and signage communicating public health measures. Best practices utilized by public and private sectors and recommended by the Centers for Disease Control and Prevention (CDC) to mitigate virus spread include the following: (1) Get Vaccinated, (2) Wear a Mask, (3) Stay 6 Feet Away From Others, (4) Avoid Crowds and Poorly Ventilated Spaces, (5) Wash Your Hands, (6) Cover Coughs and Sneezes, (7) Clean and Disinfect, and (8) Monitor Your Health Daily. https://www.cdc.gov/coronavirus/2019-ncov/prevent- eg tting- sick/prevention.html It is important to note that these measures are guidelines and recommendations to slow community spread of the disease. At the time of print, neither the State nor the County had a uniform mandate in place. However, mandates for public and private sector employers and businesses are commonplace based on Cal OSHA and worker's compensation insurance requirements. As an example, many local governments administratively require public health measures as do many restaurants, retail stores, etc. Enforcement mechanisms vary greatly depending upon the sector, type of business, employer preference for reducing workers' compensation liability and public claims, etc. Enforcement can range from a reminder or warning to put on a mask to the denial of services. Depending upon the level of enforcement desired of public health measures at in person Council meetings, staff will need to be present and informed to address any situations that may arise. Historically and pre -pandemic, a deputy sheriff or two were regularly present at in person Council meetings and were available to assist non -safety staff accordingly. 4. When conducting in person meetings again, how would the Council like to receive and record public comments? Direction Given at the March 23, 2021 Meeting on Item #4: Public comments may be received in person with public health measures in place or via electronic mail and read into the record consistent with current practice. Public comments may be received in person, telephonically or electronically consistent with Executive Order N-29-20, however, Executive Order N-29-20 does not require in -person attendance or comments at a City Council Meeting. Additionally, one or more Council Members may participate by telecommunication consistent with Executive Order N-29-20. In person comments from the general vicinity of the podium may be received with the appropriate public health measures utilized by both the speaker and staff in between speakers (i.e., masks and sanitation). All other standard requirements under the Brown Act and timing practices would still be applicable. Given the ongoing existence of the pandemic and the City's obligation to provide reasonable accommodations under the Americans with Disabilities Act (ADA), the City would still need to continue to receive comments electronically via email as is current practice for the record. The practice of emails being read into the record is consistent with ADA, Brown Act and Executive Order considerations. It is important to note that changes in these practices would need to be appropriately noticed on the agenda for public awareness. While telephonic comments have been referenced in passing discussions, implementation would require additional staff review of which systems are available, how they can be implemented in a manner that is consistent with the Brown Act for timing and accessibility, what meeting production elements will be impacted, how technological challenges will be mitigated, etc. Challenges associated with duplication of comments by the same caller, etc. would also need to be evaluated. A hybrid approach of in person and email comments received in real time and read into the record is also possible. 5. When would the Council like the boards and commissions to conduct in person meetings? Direction Given at the March 23, 2021 Meeting on Item #5: The board and commission meetings will commence in the same manner as the City Council meetings with the same public health measures and protocols in place consistent with current practice. Board and commission meetings are held in a manner that is consistent with City Council meetings in every way possible for consistency in application to the law as well as best practices. There are currently five boards and commissions with twenty-seven members. There is an increased interest in viewing the board and commission meetings by the public. If the City Council chooses to change the manner in which it holds its own meetings, those changes would be made applicable by default to the board and commission meetings as well, unless Council indicates otherwise. Additional Item of Research - Use of Technology to Create a Hybrid Environment with Both In Person and Virtual Presence At the March 23, 2021 meeting, the City Council inquired about the ability to conduct hybrid meetings with participants attending both in person and virtually. Media Services (ITSS) performed the necessary research and proposes an innovative meeting model utilizing new technologies now available. The proposed hybrid model bridges the Council Chamber audio visual equipment to the Zoom Video Conferencing solution. Meeting participants will be able to attend in person or through Zoom. The video equipment in the Council Chamber will be used for the podium, wide shots, and audience. In person and virtual meeting participants will use individual web cameras and be visible on screen allowing for enhanced group collaboration. Each participant will be able to see all meeting participants in a window, as well as the Council Chamber video feed. A new audio bridge will eliminate potential feedback, looping, and remove nearly all delays. In addition to in person attendance if so desired, audience members may view the meeting on Channel 3, stream online "live", or join the Zoom meeting with closed captions in the current manner. This proposed solution would enable staff to host a professional quality meeting, accommodate participant collaboration, and maintain security settings to prevent actual disruption of the meeting. Upgrades can be completed by May and within the adopted budget. Additional Item of Research - CalOSHA Standards on Face Coverings/Shields and Use of Face Coverings with Partitions At the March 23, 2021 meeting, the City Council inquired about standards on the use of face coverings and/or shields and the concurrent use of partitions. Under the California Division of Occupational Safety and Health (CalOSHA), the City of Temecula is designated as an employer subject to various regulations and liability. Employees, which include City Council Members, are also subject to CalOSHA standards. CalOSHA emergency standards broadly require face coverings with limited exceptions. Under Section 3205(b)(8), "face covering" means a tightly woven fabric or non -woven material with no visible holes or openings, which covers the nose and mouth. Specifically, CalOSHA emergency standards are as follows: The California Code of Regulations, Title 8, Section 3205, COVID-19 prevention states: (7) Face coverings. (A) Employers shall provide face coverings and ensure they are worn by employees over the nose and mouth when indoors, when outdoors and less than six feet away from another person, and where required by orders from the CDPH or local health department. Employers shall ensure face coverings are clean and undamaged. Face shields are not a replacement for face coverings, although they may be worn together for additional protection. The following are exceptions to the face coverings requirement: 1. When an employee is alone in a room. 2. While eating and drinking at the workplace, provided employees are at least six feet apart and outside air supply to the area, if indoors, has been maximized to the extent possible. 3. Employees wearing respiratory protection in accordance with section 5144 or other title 8 safety orders. 4. Employees who cannot wear face coverings due to a medical or mental health condition or disability, or who are hearing -impaired or communicating with a hearing -impaired person. 5. Specific tasks which cannot feasibly be performed with a face covering. This exception is limited to the time period in which such tasks are actually being performed, and the unmasked employee shall be at least six feet away from all other persons unless unmasked employees are tested at least twice weekly for COVID-19. In addition, the California Department of Public Health (CDPH) on November 16, 2020 issued related guidance. Guidance for the Use of Face Coverings People in California must wear face coverings when they are outside of the home, unless one of the exemptions below applies. Individuals are exempt from wearing face coverings in the following specific settings: • Persons in a car alone or solely with members of their own household. • Persons who are working in an office or in a room alone. • Persons who are actively eating or drinking provided that they are able to maintain a distance of at least six feet away from persons who are not members of the same household or residence. • Persons who are outdoors and maintaining at least 6 feet of social distancing from others not in their household. Such persons must have a face covering with them at all times and must put it on if they are within 6 feet of others who are not in their household. • Persons who are obtaining a service involving the nose or face for which temporary removal of the face covering is necessary to perform the service. • Workers who are required to wear respiratory protection. • Persons who are specifically exempted from wearing face coverings by other CDPH guidance. The following individuals are exempt from wearing face coverings at all times: • Persons younger than two years old. These very young children must not wear a face covering because of the risk of suffocation. • Persons with a medical condition, mental health condition, or disability that prevents wearing a face covering. This includes persons with a medical condition for whom wearing a face covering could obstruct breathing or who are unconscious, incapacitated, or otherwise unable to remove a face covering without assistance. Such conditions are rare. • Persons who are hearing impaired, or communicating with a person who is hearing impaired, where the ability to see the mouth is essential for communication. • Persons for whom wearing a face covering would create a risk to the person related to their work, as determined by local, state, or federal regulators or workplace safety guidelines. Note: Persons exempted from wearing a face covering due to a medical condition who are employed in a job involving regular contact with others must wear a non-restrictive alternative, such as a face shield with a drape on the bottom edge, as long as their condition permits it. Lastly, on March 25, 2021, CalOSHA confirmed through a consultation that face coverings are required with partitions irrespective of the distance apart as the partitions do not provide the same protection as face coverings do. Additional information regarding masks, including frequently asked questions, may be found online on the State of California COVID-19 website at: https:Hcovidl9.ca.gov/masks-and- ppe/#:—:text=Every%20Califomian%20must%20wear%20a,COVID%2D 19%20on%20the%20ri se It is therefore recommended that the City Council adopt the proposed resolution formalizing its direction regarding the conduct of in person public meetings and provide additional direction as needed. FISCAL IMPACT: None ATTACHMENTS: Resolution RESOLUTION NO.2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SETTING FORTH THE PROTOCOL FOR THE CONDUCT OF IN PERSON PUBLIC MEETINGS DURING THE EXISTENCE OF A STATE DECLARED EMERGENCY FOR THE COVID-19 PANDEMIC THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. During the existence of a State of California declared emergency for the COVID-19 Pandemic, this resolution shall set forth the protocol by which in person public meetings may be conducted. Section 2. In person public meetings shall commence with the first regularly scheduled City Council meeting in May 2021 subject to the following regulations: A. The meetings shall be conducted with both the City Council and members of the public in attendance with the appropriate public health measures in place. Public health measures for in person meeting attendance by the City Council and members of the public require: (1) social distancing of at least six (6) feet separating persons who are not from the same household; (2) all persons to wear a face covering complying with CalOSHA requirements; (3) sanitation stations placed to allow hand washing; (4) City Staff to clean and disinfect equipment in the room where the meeting is held, including, but not limited to the podium and microphone for public speakers; (5) temperature checks all persons entering the meeting room with those persons whose temperature is 100.4 degrees Fahrenheit or higher excluded from the meeting room; and (6) signage posted at the entrance to the meeting room communicating to the public that they should not be in a public place if they are experiencing certain symptoms of disease including, but not limited to, coughing, sneezing, fever, chills or body aches and otherwise recommended by public health authorities. B. City Council meetings shall be live streamed on the City's website, or made available on City's cable television stations so that the public may view the meetings live. Public comments shall be received in person with public health measures described in Section 2.A in place or via electronic mail to the City and read into the record in the manner set forth on the Council Meeting Agenda. Even if a person cannot meet the health protocols for in person attendance at the meeting as set forth in Section 2.A, that person can still fully participate in the meeting by viewing it through one of these methods and may comment to the City Council via an email to the City Clerk by the procedures set forth on the Agenda. C. Notwithstanding the protocols set forth in this resolution, all other rules of order for the conduct of public meetings, including time for public comments and speaker times, shall remain consistent with Resolution Nos. 94-79 and 11-27. Section 3. Board and commission meetings shall be held in the same manner as the City Council meetings with the same public health measures and protocols in place as set forth in this Resolution. Section 4. Due to the impacts of the COVID-19 Pandemic upon the community and the public as described in the Governor's Executive Orders, the State Department of Public Health Orders and the Local Emergency declarations, any person who fails or refuses to follow the protocols set forth in this Resolution shall be deemed to be actually disrupting the meeting and may be removed from the meeting or prevented from entering the meeting in accordance with law. Section 5. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of April, 2021. Maryann Edwards, 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. 2021- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of April, 2021, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk CP:100aH HL HOd ORflIVJ9flS S± NV\JflOOG ONV SINNV\JOO OINOH1O13 •asuas uowwoo uo paseq lou s! AJoayl aoeH leoll!J3 'al!un lou saop 1! 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'amp s! spoil •s)Isetu.rearm o3 asnJat Kati asneoaq 21tuana snl2 Iiouno)AID uosaad ut atl3 puanu you o�pa3lse 2uiaq a111B^ma2s smut'pug aapuuxaly eoissa f`saagtua A IiounoD legl 2uipuels tapun Xut s!II `utaouoo Xetu 2! tuo4M 01 1_Jemals sauaef pue Japuexaly e)!ssa1 :pafgns 'LIP( ipuej :ol Wd EZ:S l ZOZ 'EL I!ady 'Aepsani :was < uoynei auel :uao.ij I iasanoo amp amid •aouatos puu opoj sagap Tuip auo Si$utiias ate noA ajdtuexa alp puu`ajdtuexa cq pnaj of paau noA •does of asuasuou sup iuuM iugi angg noA sivanitisuoo ssapunoo alp ivasaldaa of paau.moA putisiapun noA ins am am sr asuodsaa anoA irenne Apa ua j jpd•I-uummst'ut-nnatnataauatastpS/spuojdnmaluoa-dnnituoa•stolaopauipuogsuauaure•nnnnnnirsdnq :anti 2utpu j o Jtivatos harp prat Urea noA •it3auaq ajgeioaiap Cut?inogiten `Aiatoos pug ajdoad sUu rq 2upjsutu jesiantun :sno!Aqo agi jo aouap!na Sutiunout alp matna.t Amu, •ioudUut antWSau Iguosaad ioaaip seg iigi amseatu pansge uu giint AldUuoa of oggnd agi jo 2utureai jgot2ologoACsd agi Si gotgm Jo real agi iou `uuniuuaae2 pine tuaai -Suol AttEtivaiod puu`ajgedjud are uotitsodutt stgi wag MIMI ail •Uaa 6I-QIAOD agi 2utanp pasodun uaaq Ajjnjssaoons seg uotielndod Intaua2 ag2 Jo 2unjsetu win uuojuoo 1Cjjutoos of ausap ant put? `amiduo IsuotinitisuI `t'puagdotd jo.IoMod alp of Auotutisai u Si ij `s1oioou au f iuoa3 s,L'ouautd of Sutpa000B`ioe3 uI •saoioop paisn.I2 jjam Amu!puu `asuas uouIutoo `3t2ol isu!au sofa pug papunoJun st amseaut agZ •unng.tpgitm aq III^ .nags isutau s)jsutu MOM of saaquzaut jtounoo agi 2uumbaa 3o aanst?atu urtuoouap agi puUtuap am`suaztito sd skew ay1 aipH :pafgns Nor ipueH :ol Wd ZE:S LZOZ 'EL iudy 'Aepsanl :was < iapuexate ejissaf :w0Jj I woa•,rtoug3;s,tano•e&AtAt 'PP AAinO uosdwoq,i, wi,i, iasanoo amp amid •aouaios pue °poi sagap 2ug2 auo si 2upuas air noA aidwexa agi pue `aidwexa Aq peal of paau noA •dots asuasuou slip iuunn wIp aneg noA s3uan2z2suoo ssapunoo ago luasaida.z moX puelsiapun noA ains axe am se asuodsai.inoA lwmg Aiaa5ea Rd.i-wregmisew-nnainazaouazosglgspeoldnAuamoo-dnywoo•sao;oopaulpuoz3srouawe•nnnnnnll:sdug :aiaq uipug ogpuaios Jiag2 peal uuo noA •igauaq aigeloalap Auu i"°'i m`iclaioos pue aidoad suu q 2upisew ius1aniun :sno!Aqo ag23o aouaptna 2upunow agp MainaI Aagj loudwi ani2u2au iuuos1ad loa.iip seq�ug� amseaw pmsqu uu g2inn icidwoo oggnd aquo uiun 13 iuoI oiogoXsd agp si go►gM Jo weal alp lou`uumuuaau2 puu Waal-2uoi itiuuualod pug`aigedied are uoRisodwn sigl wog stung au, •e is 6 i-QIAOD alit 2uunp pasodwl uaaq cilnjssaoons seg uogeindod le1aua2 agp jo 2upise u wqi uuojuoo ilieiaos of agsap agi pue `aan2deo IeuopmI2sw `epuaedoid jo.iannod agp(32 icuoU Ii2sa2 a si 2I `sio;ooQ aurl maid s,uouawd o2 2uipi000e `2oeJ ui •s1o2oop pa1sn I2 Ham Auuw pue `asuas uowwoo`opoi 3suide saoa pue papunojun si amseaw aq j •unne zptpinn aq II!M 1iag2 2suie2e mew.ieann o1 si gwaw itounoo age 2uumbai Jo amseaw uuiuoou.Ip atp puuwap am `suazuio sy s)IseW aye al!laH :pafgns 14o1 !pue)j :ol Wd eE:S IZOZ 'EL I!ady 'Aepsanl :was < uosdwoyl wil :w0.1j T auogdi Aw wo.ij luas lasanoD a2uey3 aseald •aDuaps pue D18ol sal}ap lap auo sl Sulllas an noA aldwexa ayl pue 'aldwexa Aq peal of paau noA dos of asuasuou siyl lueM legl anal noA sluanmsuoD ssallunoD aql luasaadaa of paau anoA puelsaapun noA awns am am se asuodsaa anon lleMe Alaa2ea l 4pd•t-waeyslsew-MainaaaDuapsyls/speoldn/lualuoD-dM/wog•saopopaullluoalseDiaawe•MMM//:sdlly :any &uipug D!Jllua!Ds aiayl pew ueD noA •lgauaq algepalap Rue lnoyl!M'Alapos pue aldoad swaey 2upisew lesaaniun :snoingo ails)aouapina 8uilunow aql Mainaa Aagj•pedw! anile8au leuosaad laaaip seq legl aanseaw pansge ue glint Aldwoa of 3llgnd aql Jo 2u!u!eal leDpologDAsd aql Si yaiynn jo lseal ayl lou 'uenlue2ae2 pue waal-2uol Alleilualod pue 'algedied am uolllsodw!siyl woa.j swaey aq •eaa 6t-o1AOD aql 8uunp pasodwi uaaq AllnJssaDDns seq uoilelndod leaaua2 aql jo Supisew lap wJOJuOJ Allepos of aaisap aql pue 'aanldeD leuollnl!lsu! 'epue8edoad jo aaMod aql of Ruowilsal e s!11 'saopoa auq luoaj s,e)uawy of 8uipaox e 'pej ul •saopop palsnal llaM Auew pue 'asuas uowwoD'4i401 lsuie8e sao2 pue papunolun Si aanseaw aqj •uMeapyllM aq 'lint aiagl lsuie2e slsew aeaM of saagwaw IPunoD ayl Sup!nbaa Jo aanseaw ueiuoDeap aql puewap aM'suaz!p s' skew an aailali :pafgns Igor ipuej :ol 'Aid 'E:s Lzoz 'EL Iudy 'Aepsanl :;uas < sMaapuy uyoi :woa j ias.moo a5ungo asnaid •aouatos pun ot2o1 saijap lntil auo st 5utllas ate noX aiduznxa alp pun `aidwnxa Aq peal of paau noA dos of asuasuou sail lunm lap anvil noic sluanlgsuoo ssailunoo alp luasatdat of paau inoic pun;s.mpun noc ains alE am se asuodsai inoX 1►mme Apa r° I3pd•i-ttuntisNsntu-mainsnauatasglgspeoidnilualuoa-dmiuzoa•siopopautiiuo.gsea►.zatur•mmm/l:sdati :anti utpug oljiluaios.nap pnai uno noA •lijauaq aignloalap Aun lnotp!m `Xlaioos pun aidood stung 5utNsntu ins.zantun :snoingo agljo aouapina 2ufunotu aql maina.z X0111 •Iondtui 3nfn2au inuosiad Ioa.np snti Intil atnsnauz pinsgr un glim/idtuoa of atignd alp jo uiuiE.tl Iropoiogo1Csd all si golgm Jo lsnai aql lou `urniuraia pun uual - uoi Afnilualod pun `aigndind ate uotltsodurt stq wag sw.mq oqj •n.ta 61-QIAOD aril 5uunp pasodtut uaaq Aiinjssaoons snq uoprindod intaua aql jo 2upismu lntp uuojuoo Aiipioos of a.nsap alit pun `a.mldno inuounmsut `npungndoJd Jo 1amod aril ol,Cuoulsal n st li `stolooci auq luot3 s,nouau1y of 2u11p1o3on loIJ ui •s.tolaop palsru; iiam/cum pun 'mum uolutuoo `ot2oi lsurean saa pun papunojun st a.znsnatu a •umntptilim ag !pm ttagl 1sutan s)isntu.Tnam of s.iaqutatu itounoo aril 2uumbai3o =sum untuoon.Tp aril puntuap am `suaztpio sd s�lsew ay;aa!la� :pargns Igor !puss :ol Wd Lti:S Lag 'EL I!ady 'Aepsani :;uas < opal uAlsIG)l :w0J1 t suaMO euueaa8 `ssau!ddeq pue gl!eaH !asanoa a8uega asea!d •aaua!as pue 3!8o! sa!}ap legl auo s! 8u!llas am noA a!dwexa aql pue 'a!dwexa Aq peal of paau noA •dots of asuasuou s!ql lueM legl anal noA sluanl!lsuoa ssa!lunoa aql luasaidai of paau inoA puelsiapun noA ains am am se asuodsaa inoA l!eMe Aua8ea ! jpd•t-waegs1sew-Ma!naaaauapsgls/speo!dn/lualuoa-dM/woo•saolaopaupuoilseapawe•MMM//:sdllq :wag 8u!pu!}a!}llua!as J!agl peal uea noA •3!Jauaq a!gelaalap Aue lnogl!M'Ala!aos pue a!doad suing 8up!sew !esian!un :sno!ngo agl jo aauap!na 8u!lunow all Malnai Aagl•laedw! an!le8au !euosJad laaa!p seq lag ainseaw pinsqe ue ql!M A!dwoa of a!!gnd aql jo 8u!u!eil!ea!8o!ogDAsd aql s! ga!gM }o lseal aql lou 'uenlue8ae8 pue waal-8uo!A!!e!lualod pue'a!ged!ed am uo!3lsodw! s!gl wwJ swaeq aql•eaa 6t-01A0J aql 8uunp pasodw! uaaq A!!njssaaans seq uolle!ndod !eiaua8 aql jo 8up!sew legl wiojuoa A!!eiDos of ai!sap an pue 'aanldea !euo!lnmsu! 'epue8edoad}o aaMod aql of Auow!lsal e s!l! 'siolaoa aul luoa j s,eauawy of 8u!paoaae 'pej u! •saolaop palsnil Ham Auew pue 'asuas uowwo3'30o1 lsu!e8e sao8 pue papunojun s! ainseaw aql •uMeapgl!M aq !!!M J!agl lsu!e8e D!sew aeaM of siaqwaw !launoa aql 8uu!nbai jo ainseaw ue!uoaeip ail puewap aM 'suaz!l!a sv s)!se!ni aql aa!lau :pafqns Igo('!pue ! :ol 'Aid SS:S IZOZ 'EL !!ady 'Aepsanl :was < > suaMQ pJega!J :woad T suaMO euueawg 'ssau!ddeq pue ylleaH IaswnoD a8uegD aseald •aDua!Ds pue D!8oI sa!jap lap auo s! 8u!11as an noA aldwexa aql pue 'aldwexa Aq peal ol paau no,, dos o1 asuasuou s!ql lueM legl anal noA sluanmsuoD ssajlunoD aql luasawdaw o1 paau inoA puelswapun noA ains we am se asuodsai noA}!erne AIwa2ea 1 jpd•t-wweys)lsew-Ma!nawapuapsy1S/speoldn/1ualum-dM/wog•swopopau!lluow}seDpawe•MMM//:sd11y :away 8u!pu!J Dw ua!Ds w!ay1 pew ueD noA •1!Jauaq algepalap Aue 1noy1!M'A1a!Dos pue aidoad suing 8uplsew leswan!un :snoingo ay1 Jo aDuap!na 8u!lunow aql Ma!naw Aaqi•pedw! an!1e8au leuoswad paw!p seq lap ainseaw pinsqe ue 41!M AldwoD ol D!Ignd ay1lo 8u!u!ew1 Iea!8oloy3Asd ay1 s! pion }o lseal ail 1ou 'uenlue8we8 pue wwal-Buol AIIe!Tualod pue'algedled awe uo!1!sodw!s!y1 woJJ swwey aql•ewa 6I-GIAO0 aql 8uunp pasodw! uaaq Mlnjssax ns seq uo!1elndod lewaua8 ay1 jo 8upIsew legl wwoJuoD AIlepos o1 awlsap ay1 pue 'awnldeD Ieuo!1nmsu! 'epue2edowd Jo waMod an of Auow!isal e s!11 'swopoa au!i luow3 s,eDuawy o18u!pwoDDe 'PeJ UI •swopop palsnwl IIaMAuew pue 'asuas uowwoD'D!8oI 1su!e8e sao8 pue papunoJun s! ainseaw au •uMewpyl!M aq II!M w!ayllsu!e8e slsew weaM o1 siaqwaw IDunoD ail 8uu!nbaw jo ainseaw ue!uoJewp all puewap am`suaz!1p sv slsew an aw!1au :pafgns lyof!pue { :ol INd ss:s Lzoz 'EL I!wdy 'Aepsanl :was < suaMO euueawg :uaoaj T suam0 euueaw8 'ssau!ddey pue yl!eaH iaswnoD a2uegD aseaid •a3uaps pue D!80l sal jap lag auo s! Bugles aae noA aidwexa aqi pue 'aidwexa Aq peat of paau noA dos of asuasuou s!yl luem legl anal noA sluanllisuop ssailunop ayi luasawdaw of paau wnoA puelswapun noA awns am am se asuodsai noA i!eme A!wa8ea 1 ipd•T-waeo lsew-ma!nawaauapsyl5/sped!do/lualuoa-dm/wog•swopopaupumse3pawe•mmm//:sdiii :away 8u!pu!4 Doua!Ds w!agl peal ueD noA •i!}auaq algepalap Aue inoyl!m'AlaDos pue aidoad swwey 8upisew leswan!un :snoingo ayi Jo aouap!na 8ullunow ayi ma!naw Aagi•pedw! anlieSau !euoswad pawlp seq legl ainseaw pinsqe ue ql!m AldwoD of Dllgnd aql Jo 8u!u!ewl leD!8ologDAsd ayi s! tp!gm Jo lseai ayi lou `uenlue8we8 pue wwal-8uoi AIIe!ivalod pue'aiged!ed awe uo!i!sodw!s!yl wowj swwey ayi•ewa 6T-01A03 aql 2ulwnp pasodw! uaaq Alin}ssaxxns seq uo!leindod Iewaua8 ay;Jo 8upisew legl wwo}uo3 Allepos of aw!sap ayi pue 'awnideD ieuo!lnmsu! 'epue2edowd Jo wamod ayi of Auow!isal e s!li 'swopoa auq luow j s,e3pawy of SulpwoaDe 'pej uI •swopop paisnwl Ham Auew pue 'asuas u0Ww03'4!801 lsu!e8e sao2 pue papunoJun s! ainseaw aqi •umewpgl!m aq Ii!m w!ayi lsu!e8e slsew weam of siaqwaw punoD aql 8u!w!nbaw Jo ainseaw ue!uoJewp ail puewap am'suaz!i!3 sy S)IseW ayi aw!lad :pafgns Igor !pue :oi Wd SS:S IZOZ 'EL I!wdy 'Aepsani :was < 1+j :woJj T suaMO euueaig 'ssau!ddey pue ilieaH las'noD a8uegD aseaid •aDuaps pue D!8ol sa!jap.ell auo s! Su!llas am noA a!dwexa ail pue'aidwexa Aq peal of paau noA dos of asuasuou spgl lueM legl aneq noA sluanlllsuoD ssailunoo aln luasa'dai on paau inoA puels'apun noA ains we am se asuodsai JnoA 3!eMe ApaSea I jpd•Z-wJeys1sew-MalnaJaDuaposgls/speoldnpualuop-dM/woo'sJO.JOpaull.u0'lseJuawe•MMMitsdlly :any 8u!pu!J D!Jllua!Ds Jlail pea' ueJ noA •3!Jauaq aigepalap Rue lnoyliM 'Ala!pos pue aidoad swJey 8upisew les'an!un :sno!ngo ail jo aDuapina 8ullunow ail Ma!naJ Aayl•pedwp an!le8au leuosJad pa'!p seq leyn ainseaw p'nsge ue ll!M AidwoD of D!Ignd all jo 8u!uleJl leD!8o!ogDAsd all Si gopgm jo lseai ail lou 'uenlueBJe2 pue wJal-8uoi AIIe!lualod pue'aigedied am uomsodwp spin woJ}swieq ayl'ena 61-QIA00 ail 8uunp pasodw! uaaq Allnjssanns seq uolleindod !eJaua2 ail jo 8upisew ley.WJOJUOD Ailepos ol a'!sap ail pue 'ainldeD Ieuo!lnn!nsu! 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