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AGENDA
TEMECULA CITY COUNCIL
REGULAR MEETING
COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
MARCH 22, 2022 - 7:00 PM
CLOSED SESSION - 6:00 P.M.
CITY MANAGER ANNUAL PERFORMANCE EVALUATION. The City Council will meet in closed
session pursuant to Government Code Section 54957 and 54957.6 to evaluate the performance of the
City Manager and establish goals and performance objectives for the next year as required by the City
Manager's Employment Agreement.
CALL TO ORDER: Mayor Matt Rahn
INVOCATION: Elder Wayland Collins of Reliance Church
FLAG SALUTE: Mayor Matt Rahn
ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart
PRESENTATIONS
Proclamation for National Library Week
Presentation to Temecula Valley Soccer Association U 14 Girls All -Star Team
BOARD / COMMISSION REPORTS
Planning Commission and Race, Equity, Diversity and Inclusion Commission
PUBLIC SAFETY REPORT
California Department of Forestry and Fire Protection (CAL FIRE)
ANNUAL JOINT MEETINGS - CITY COUNCIL, COMMUNITY SERVICES COMMISSION,
OLD TOWN LOCAL REVIEW BOARD AND PLANNING COMMISSION
Page 1
City Council Agenda March 22, 2022
PUBLIC COMMENTS - NON -AGENDA ITEMS
A total of 30 minutes is provided for members of the public to address the City Council on matters not
listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at
the meeting by submitting a speaker card to the City Clerk or by submitting an email to be read aloud
into the record at the meeting. Email comments must be submitted to
CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order
received by the City Clerk and then, if time remains, email comments will be read. Email comments on
all matters must be received prior to the time the item is called for public comments. All public
participation is governed by the Council Policy regarding Public Participation at Meetings adopted by
Resolution No. 2021-54.
CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agenda will be made at this time. A
total, not to exceed, ten minutes will be devoted to these reports.
CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine and all will be enacted by one
roll call vote. There will be no discussion of these items unless members of the City Council request
specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is
provided for members of the public to address the City Council on items that appear on the Consent
Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting
by submitting a speaker card to the City Clerk or by submitting an email to be read aloud into the record
at the meeting. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker
cards for in -person comments will be called in the order received by the City Clerk and then, if time
remains, email comments will be read. Email comments on all matters must be received prior to the
time the item is called for public comments. All public participation is governed by the Council Policy
regarding Public Participation at Meetings adopted by Resolution No. 2021-54.
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 8, 2022
Recommendation:
Attachments:
That the City Council approve the action minutes of March 8, 2022.
Action Minutes
3. Approve List of Demands
Recommendation: That the City Council adopt a resolution entitled:
Page 2
City Council Agenda March 22, 2022
4.
5.
6.
7.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS
SET FORTH IN EXHIBIT A
Attachments: Agenda Report
Resolution
List of Demands
Approve City Treasurer's Report as of September 30, 2021
Recommendation: That the City Council approve and file the City Treasurer's Report as of
September 30, 2021.
Attachments: Agenda Report
Treasurer's Report
Adopt Ordinance 2022-04 Adjusting the Boundaries of Council Districts Based on the 2020
Decennial Census and Amending Municipal Code Section 2.08.015 (Second Reading)
Recommendation: That the City Council adopt an ordinance entitled:
ORDINANCE NO.2022-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADJUSTING THE BOUNDARIES OF THE FIVE CITY
COUNCIL DISTRICTS AND ADOPTING A NEW OFFICIAL
COUNCIL DISTRICT MAP FOR THE CITY OF TEMECULA BASED
ON THE RESULTS OF THE 2020 DECENNIAL CENSUS AND
AMENDING SECTION 2.08.015
Attachments: Agenda Report
Ordinance
Exhibits
Approve Sponsorship Agreement with Veteran Strong for Facility Use at the Temecula
Conference Center
Recommendation: That the City Council approve the sponsorship agreement with Veteran
Strong for in -kind City support valued at $8,500 for facility use at the
Temecula Conference Center.
Attachments: Agenda Report
Agreement
Approve Sponsorship and Economic Development Funding Agreement with the Temecula
Valley Balloon and Wine Festival Association for the Temecula Valley Balloon and Wine
Page 3
City Council Agenda March 22, 2022
Festival (At the Request of Subcommittee Members Edwards and Stewart)
Recommendation
Attachments:
That the City Council approve a sponsorship and economic development
funding agreement with the Temecula Valley Balloon and Wine Festival
Association, for the Temecula Valley Balloon and Wine Festival, Fiscal
Year 2021-2022.
Agenda Report
Agreement
8. Receive and File the General Plan and Housine Element Annual Progress Report for the Period
of January 1, 2021 to December 31, 2021
Recommendation: That the City Council receive and file the General Plan and Housing
Element Annual Progress Report for the period of January 1, 2021 to
December 31, 2021.
Attachments: Agenda Report
General Plan and Housing Element Annual Progress Report
2014-2021 RHNA Breakdown by Year
Appendix A - Housing Element Annual Progress Report
9. Approve Agreement for Consultant Services with Ascent Environmental, Inc. for the Preparation
of a Subsequent Environmental Impact Report for the Temecula Valley Hospital Master Plan
Update (PA22-0105)
Recommendation: That the City Council approve the agreement for consultant services with
Ascent Environmental, Inc., in the amount of $307,133, with a 10%
contingency of $30,713, for a total agreement of $337,846, for the
preparation of a Subsequent Environmental Impact Report for the
Temecula Valley Hospital Master Plan Update.
Attachments: Agenda Report
Agreement
Proposal
10. Annrove Agreement with Bio Clean Environmental Services. Inc. for the Purchase and
Installation of Inlet Filters
Recommendation: That the City Council approve the agreement with Bio Clean
Environmental Services, Inc., for the purchase and installation of inlet
filters in the amount of $393,679.
Attachments: Agenda Report
Agreement
11. Authorize Purchase of a Bobcat Skid -Steer Loader for the Public Works Streets Maintenance
Division
Page 4
City Council Agenda March 22, 2022
12.
13.
Recommendation: That the City Council authorize the purchase of a Bobcat Skid -Steer
Loader for the Public Works Streets Maintenance Division from Inland
Bobcat, a local authorized Bobcat Dealer, in the amount of $71,570.04,
including freight and handling, and applicable sales tax and fees.
Attachments: Agenda Report
Adopt Resolution to Approve the Clean California Maintenance Agreement with the State of
California and Department of Transportation
Recommendation: That the City Council adopt a resolution entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA TO APPROVE THE CLEAN CALIFORNIA
MAINTENANCE AGREEMENT WITH THE STATE OF
CALIFORNIA, BY AND THROUGH THE DEPARTMENT OF
TRANSPORTATION TO PERFORM SPECIFIC MAINTENANCE
SERVICES IN COMPLIANCE WITH THE PROVISIONS OF
STREETS AND HIGHWAYS CODE SECTION 27, IN THE STATE
RIGHT OF WAY INCLUDING HIGHWAY AND FREEWAY AREAS
WITHIN CITY LIMITS AS AUTHORIZED IN STREETS AND
HIGHWAYS CODE SECTION 130
Attachments: Agenda Report
Resolution
Agreement
Approve Plans and Specifications and Authorize Solicitation of Construction Bids for the
Sidewalks - DLR Drive Project, PW 19-18
Recommendation:
Attachments:
That the City Council:
1. Approve the plans and specifications and authorize the Department of
Public Works to solicit construction bids for the Sidewalks - DLR Drive
Project, PW19-18; 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.
Agenda Report
Project Description and Location
14. Accept Improvements and File Notice of Completion for the Citywide Slurry Seal Program -
Fiscal Year 2020-21, PW21-01
Page 5
City Council Agenda March 22, 2022
15.
16.
Recommendation: That the City Council:
1. Accept the construction of the Citywide Slurry Seal Program - Fiscal
Year 2020-21, PW21-01, as complete; and
2. Direct the City Clerk to file and record the Notice of Completion,
release the Performance Bond, and accept a one-year Maintenance Bond
in the amount of 10% of the final contract amount; and
3. Release the Labor and Materials Bond seven months after filing the
Notice of Completion, if no liens have been filed.
Attachments: Agenda Report
Notice of Completion
Maintenance Bond
Affidavit and Final Release
Accept Improvements and File Notice of Completion for Sam Hicks Monument Park Perimeter
Fencing, PW20-12
Recommendation: That the City Council:
1. Accept the improvements for the Sam Hicks Monument Park Perimeter
Fencing, PW20-12, as complete; and
2. Direct the City Clerk to file and record the Notice of Completion,
release the Performance Bond, and accept a one-year Maintenance Bond
in the amount of 10% of the final contract amount; and
3. Release the Labor and Materials Bond seven months after filing the
Notice of Completion, if no liens have been filed.
Attachments: Agenda Report
Notice of Completion
Maintenance Bond
Affidavit and Final Release
Accept Improvements and File Notice of Completion for the Infill Mini Pump Track at Long
Canyon Creek Park, PW21-05
Recommendation
That the City Council:
1. Accept the Improvements for the Infill Mini Pump Track at Long
Canyon Creek Park, PW21-05, as complete; and
2. Direct the City Clerk to file and record the Notice of Completion,
Page 6
City Council
Agenda March 22, 2022
release the Performance Bond; and
3. Release the Labor and Materials Bond seven months after filing the
Notice of Completion if no liens have been filed.
Attachments: Agenda Report
Notice of Completion
Affidavit and Final Release
RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA
COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA
REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND/OR THE
TEMECULA PUBLIC FINANCING AUTHORITY
Page 7
City Council Agenda March 22, 2022
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
CALL TO ORDER: President James Stewart
ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart
CSD PUBLIC COMMENTS - NON -AGENDA ITEMS
A total of 30 minutes is provided for members of the public to address the Board of Directors on matters
not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person
at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be read aloud
into the record at the meeting. Email comments must be submitted to
CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order
received by the City Clerk and then, if time remains, email comments will be read. Email comments on
all matters must be received prior to the time the item is called for public comments. All public
participation is governed by the Council Policy regarding Public Participation at Meetings adopted by
Resolution No. 2021-54.
CSD CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine and all will be enacted by one
roll call vote. There will be no discussion of these items unless members of the Community Services
District request specific items be removed from the Consent Calendar for separate action. A total of 30
minutes is provided for members of the public to address the Board of Directors on items that appear on
the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at
the meeting by submitting a speaker card to the City Clerk or by submitting an email to be read aloud
into the record at the meeting. Email comments must be submitted to
CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order
received by the City Clerk and then, if time remains, email comments will be read. Email comments on
all matters must be received prior to the time the item is called for public comments. All public
participation is governed by the Council Policy regarding Public Participation at Meetings adopted by
Resolution No. 2021-54.
17. Approve Action Minutes of March 8, 2022
Recommendation: That the Board of Directors approve the action minutes of March 8, 2022.
Attachments: Action Minutes
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGER REPORT
CSD BOARD OF DIRECTOR REPORTS
Page 8
City Council
Agenda March 22, 2022
CSD ADJOURNMENT
The next regular meeting of the Temecula Community Services District will be held on Tuesday, April
12, 2022, at 5:30 p.m., for a Closed Session, with regular session commencing at 7:00 p.m., at the
Council Chambers located at 41000 Main Street, Temecula, California.
Page 9
City Council Agenda March 22, 2022
SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY - NO
MEETING
TEMECULA HOUSING AUTHORITY - NO MEETING
TEMECULA PUBLIC FINANCING AUTHORITY - NO MEETING
RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARING
Any person may submit written comments to the City Council before a public hearing or may appear
and be heard in support of or in opposition to the approval of a project at the time of the hearing. If you
challenge a project in court, you may be limited to raising only those issues you or someone else raised
at the public hearing or in written correspondence delivered to the City Clerk at or prior to the public
hearing. For public hearings each speaker is limited to 5 minutes. Public comments may be made in
person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be
read aloud into the record at the meeting. Email comments must be submitted to
CouncilComments@temeculaca.gov. Email comments on all matters, including those not on the agenda,
must be received prior to the time the item is called for public comments. At public hearings involving
land use matters, the property owner and/or applicant has the burden of proof and, therefore, shall be
allowed 15 minutes for an initial presentation, and an additional 10 minutes for rebuttal by its
development team following other comments on the matter. An appellant, other than the property owner
and/or applicant, and the spokesperson for an organized group of residents residing within the noticed
area of the property, which is the subject of the public hearing, shall be allowed 15 minutes to present
the appellant's position to the Council. The Mayor may allow more time if required to provide due
process for the property owner, applicant or appellant. All other members of the public may speak
during the public hearing for a maximum period of 5 minutes each. Deferral of one speaker's time to
another is not permitted. In the event of a large number of speakers, the Mayor may reduce the
maximum time limit for members of the public to speak. All public participation is governed by the
Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.
18. Conduct Public Hearins to Consider Extension of an Interim Urgencv Ordinance of the Cit
Council of the City of Temecula Enacted Pursuant to Government Code Section 65858
EstablishingEmergency Regulation Related to Urban Lot Splits and Housing Units Built in
Accordance With Senate Bill 9, Declaring the Urgency Thereof and Making Determination of
Exemption Under the California Environmental Quality Act (CEQA) Guidelines Sections
65852.21(j) and 15061(b
Recommendation: That the City Council adopt ordinance by a 4/5 vote, extending Interim
Urgency Ordinance No. 2022-03 entitled:
ORDINANCE NO.
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TEMECULA, EXTENDING INTERIM URGENCY
ORDINANCE NO. 2022-03, ESTABLISHING EMERGENCY
Page 10
City Council Agenda March 22, 2022
REGULATIONS PURSUANT TO GOVERNMENT CODE SECTION
65858 ON URBAN LOT SPLITS AND HOUSING UNITS BUILT IN
ACCORDANCE WITH SENATE BILL 9, AND MAKING A
DETERMINATION OF EXEMPTION UNDER CEQA
Attachments: Agenda Report
(lydinnnrP
Interim Urgency Ordinance 2022-03
February 22, 2022 Agenda Report
March 8, 2022 Agenda Report
Senate Bill 9
19. Introduce Ordinance Amending Title 9 and Title 17 of the Temecula Municipal Code to Include
Entertainment Licenses, Further Clarify the Definitions of Restaurants, Entertainment, Taverns,
and Bars, and Provide Regulations for Private SecurityOperators, and Establishing Noise
Standards for Mixed -Use Developments With a Residential Component
Recommendation: That the City Council:
1. Introduce and read by title only an ordinance entitled:
$ I\ : \ m
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING TITLES 9 AND 17 OF THE TEMECULA
MUNICIPAL CODE TO INCLUDE ENTERTAINMENT LICENSES,
FURTHER CLARIFY THE DEFINITIONS OF RESTAURANTS,
ENTERTAINMENT, TAVERNS AND BARS, AND PROVIDE
REGULATIONS FOR PRIVATE SECURITY OPERATORS, AND
ESTABLISHING NOISE STANDARDS FOR MIXED -USE
DEVELOPMENTS WITH A RESIDENTIAL COMPONENT, AND
FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
PURSUANT TO CEQA GUIDELINES SECTION 15061 (B)(3)
2. Adopt a resolution entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING AN ENTERTAINMENT LICENSE FEE
Attachments: Agenda Report
Ordinance
Planning Commission Staff Report
Fee Resolution
Notice of Public Hearing
Page 11
City Council Agenda March 22, 2022
BUSINESS
Any member of the public may address the City Council on items that appear on the Business portion of
the agenda. Each speaker is limited to 5 minutes. Public comments may be made in person at the
meeting by submitting a speaker card to the City Clerk or by submitting an email to be read aloud into
the record at the meeting. Email comments must be submitted to CouncilComments@temeculaca.gov.
Speaker cards for in -person comments will be called in the order received by the City Clerk and then, if
time remains, email comments will be read. Email comments on all matters must be received prior to
the time the item is called for public comments. All public participation is governed by the Council
Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.
20. Introduce Ordinance Amending Section 2.04.020 of the Temecula Municipal Code Relating to
the Time of City Council Meetings
Recommendation: That the City Council introduce an ordinance entitled:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING SECTION 2.04.020 OF THE TEMECULA
MUNICIPAL CODE RELATING TO THE TIME AND PLACE OF
MEETINGS
Attachments: Agenda Report
Ordinnni-P
21. Receive and File Temecula Safe - Massage Enforcement Update (Long Range Proiect No.
LR22-0174)
Recommendation: That the City Council receive and file the update on massage
enforcement.
Attachments: Agenda Report
22. Consider Term Limits for Citv Council Members (At the Reauest of Subcommittee Members
Alexander and Edwards)
Recommendation: That the City Council consider term limits for City Council Members and
provide general direction regarding the same.
Attachments: Agenda Report
February 8, 2022 Staff Report
Page 12
City Council Agenda March 22, 2022
DEPARTMENTAL REPORTS (Receive and File)
23. Community Development Department Monthly Report
Attachments: Agenda Report
Planning Activity Report
24. Fire Department Monthly Report
Attachments: Agenda Report
Monthly Report
25. Public Works Department Monthly Report
Attachments: Agenda Report
Project Status Report
ITEMS FOR FUTURE CITY COUNCIL AGENDAS
Any Council Member, including the Mayor, may request an item be placed on a future agenda. Any
such request will be discussed under this section. In making the request, a Council Member may briefly
describe the topic of the proposed agenda item and any timing associated with the placement of the item
on the agenda. This description shall not exceed 3 minutes unless extended by a majority vote of the
City Council. No substantive discussion on the subject of the motion may occur. General discussion
amongst the City Council on items listed under this section of the agenda shall be limited to 15 minutes.
Items may only be placed on the agenda by Council Members pursuant to policy or by the City Manager
based on administrative or operational needs of the City. Public comments on the placement of these
agenda items shall be limited to a maximum of 30 minutes. Individual comments shall not exceed 3
minutes. All public participation is governed by the Council Policy regarding Public Participation at
Meetings and Agenda Placements by Council Members adopted by Resolution No. 2021-54.
A. Opportunities for a Performing Arts Center (At the Request of Mayor Rahn)
CITY MANAGER REPORT
CITY ATTORNEY REPORT
Page 13
City Council
Agenda March 22, 2022
ADJOURNMENT
The next regular meeting of the City Council will be held on Tuesday, April 12, 2022, at 5:30 p.m., for a
Closed Session, with regular session commencing at 7:00 p.m., at the Council Chambers located at
41000 Main Street, Temecula, California.
NOTICE TO THE PUBLIC
The full agenda packet (including staff reports, public closed session information, and any supplemental material
available after the original posting of the agenda), distributed to a majority of the City Council regarding any
item on the agenda, will be available for public viewing in the main reception area of the Temecula Civic Center
during normal business hours at least 72 hours prior to the meeting. The material will also be available on the
City's website at TemeculaCa.gov. and available for review at the respective meeting. If you have questions
regarding any item on the agenda, please contact the City Clerk's Department at (951) 694-6444.
Page 14
Item No. 1
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk
DATE: March 22, 2022
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 8, 2022 - 7:00 PM
CALL TO ORDER at 7:01 PM: Mayor Matt Rahn
INVOCATION: Robin McCoy of Women Organizing Women
FLAG SALUTE: Mayor Matt Rahn
ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart
PRESENTATIONS
National Women's History Month Proclamation
BOARD / COMMISSION REPORTS
Planning Commission and Public/Traffic Safety Commission
PUBLIC SAFETY REPORT
Riverside County Sheriffs Department
ANNUAL JOINT MEETINGS - CITY COUNCIL, PUBLIC/TRAFFIC SAFETY
COMMISSION, AND RACE, EQUITY, DIVERSITY AND INCLUSION COMMISSION
PUBLIC COMMENTS - NON -AGENDA ITEMS
The following individual(s) addressed the City Council:
Jerry Hoffstetter
PUBLIC COMMENTS - AGENDA ITEMS
The following individual(s) addressed the City Council:
• David Matics (Item #18) • Matthew Cappiello (Item #18)
The following individual(s) submitted an electronic comment:
• Martha Howard (Item #18) • Kathy Sizemore (Item #18)
• Allison Donahoe -Beggs (Item #18) • Tami Sims (Item #18)
• Laurel LaMont (Item #18) • Devin Bishop (Item #18)
• Maribel Nunez (Item #18) • Janet Bernabe (Item #18)
Ira Robinson (Item #18)
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 February 22, 2022
Recommendation: That the City Council approve the action minutes of February 22, 2022.
3. Approve List of Demands
Recommendation:
That the City Council adopt a resolution entitled:
RESOLUTION NO. 2022-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS
SET FORTH IN EXHIBIT A
4. Approve U.S. House of Representatives District Office Lease Amendment at the Temecula
Civic Center
Recommendation: That the City Council approve U.S. House of Representatives District
Office Lease Amendment at the Temecula Civic Center in substantially
the form as attached.
5. Approve Sponsorship Agreement with JDS Creative Academy for the 2022 Digifest Temecula
(At the Reauest of Council Members Edwards and Stewart)
Recommendation: That the City Council approve the sponsorship agreement with JDS
Creative Academy for in -kind City staff support valued at $750 and
promotional services of $11,415 for the 2022 Digifest Temecula.
6. Approve Sponsorship Agreement with Reality Rally, Inc. for the 2022 Reality Rally At the
Request of Council Members Edwards and Stewart)
Recommendation: That the City Council approve the sponsorship agreement with Reality
Rally, Inc. for in -kind support valued at $5,200 for City staff support and
$11,415 for promotional services for the 2022 Reality Rally.
7. Approve Sponsorship Agreement with Temecula Valley Genealogical Society for Facility Use
8.
9.
at the Ronald H. Roberts Temecula Public Library
Recommendation: That the City Council approve the sponsorship agreement with Temecula
Valley Genealogical Society for in -kind City support valued at $4,794
for facility use at the Ronald H. Roberts Temecula Public Library.
Approve Sponsorship Agreement with Heart of Temecula LEO Club in Support of Facility Use
at Ronald H. Roberts Temecula Public Library
Recommendation: That the City Council approve the sponsorship agreement with Heart of
Temecula LEO Club in support of facility use at the Ronald H. Roberts
Temecula Public Library.
Approve Fee Schedule for the Use of Premier Sports Parks (The Sports Ranch at Sommers
Bend and Patricia H. Birdsall Snorts Park)
Recommendation: That the City Council adopt a resolution entitled:
RESOLUTION NO. 2022-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A FEE SCHEDULE FOR THE USE OF
PREMIER SPORTS PARKS (THE SPORTS RANCH AT SOMMERS
BEND AND PATRICIA H. BIRDSALL SPORTS PARK)
10. Issue Public Report Pursuant to Government Code Section 65858(d) Reizardin2 Interim
Urgency Ordinance No. 2022-03 Establishing Regulations Related to Urban Lot Splits and
Housing Units Built in Accordance With Senate Bill 9
Recommendation: That the City Council issue this report pursuant to Government Code
Section 65858(d).
11. Approve Second Amendment to Agreement with St. Francis Electric, LLC. for On Call Traffic
Signal Maintenance
Recommendation: That the City Council approve the second amendment to the agreement
with St. Francis Electric, LLC., for on call traffic signal maintenance, in
the amount of $250,000.
12. Approve Cooperative Agreement with the State of California Department of Transportation for
the Construction of the French Valley Parkway/I-15 Improvements - Phase II, PW16-01
Recommendation: That the City Council adopt a resolution entitled:
RESOLUTION NO. 2022-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A COOPERATIVE AGREEMENT
BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION AND THE CITY OF TEMECULA FOR THE
CONSTRUCTION OF THE FRENCH VALLEY PARKWAY/I-15
IMPROVEMENTS - PHASE II
13. Approve Agreement for Funding of Transportation Uniform Mitigation Fee Improvements with
Riverside County Transportation Commission for $3.5 Million Towards Construction of I-15
Congestion Relief Project, PW19-02
Recommendation: That the City Council:
1. Approve the Riverside County Transportation Commission agreement
for the funding of Transportation Uniform Mitigation Fee improvements
with the City of Temecula (RCTC Agreement No. 22-73-032-00), in the
amount of $3,500,000 towards the construction of the I-15 Congestion
Relief Project, PW19-02; and
2. Authorize the City Manager to execute the agreement.
14. Receive and File Temporary Street Closures for 2022 Springfest Events
Recommendation:
RECESS:
That the City Council receive and file the temporary closure of certain
streets for the following 2022 Springfest Events:
GREAT OAK HIGH SCHOOL PERFORMANCE
VISIT TEMECULA VALLEY TOAST AND MEDIA LUNCH
ROD RUN
REALITY RALLY
CALIFORNIA MUSIC HALL OF FAME INDUCTION
TEMECULA CULTUREFEST
A TRIBUTE TO HEROES
At 9:08 PM, the City Council recessed and convened as the Temecula Community Services District
Meeting. At 9:10 PM the City Council resumed with the remainder of the City Council Agenda.
RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARING
17. Conduct Public Hearing for the Purposes of Redistricting in the City of Temecula
Recommendation: That the City Council conduct the last of four public hearings for the
purposes of redistricting in the City of Temecula.
Conducted public hearing, no action.
RTT.CTNF.CC
18. Adopt Resolution and Introduce Ordinance Adjusting the Boundaries of Council Districts
Based on the 2020 Decennial Census and Amending Municipal Code Section 2.08.015
Recommendation: That the City Council take the following actions with respect to adopting
new district boundaries for the City of Temecula:
1. Adopt a resolution entitled:
RESOLUTION NO. 2022-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADJUSTING THE BOUNDARIES OF THE FIVE CITY
COUNCIL DISTRICTS AND ADOPTING A NEW OFFICIAL
COUNCIL DISTRICT MAP FOR THE CITY OF TEMECULA
BASED ON THE RESULTS OF THE 2020 DECENNIAL CENSUS
AND AMENDING SECTION 2.08.015
Motion to approve with Draft Map B (5-0): Motion by Edwards, Second by Alexander. The vote
reflected unanimous approval.
2. Introduce an ordinance entitled:
ORDINANCE NO. 2022-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADJUSTING THE BOUNDARIES OF THE FIVE CITY
COUNCIL DISTRICTS AND ADOPTING A NEW OFFICIAL
COUNCIL DISTRICT MAP FOR THE CITY OF TEMECULA
BASED ON THE RESULTS OF THE 2020 DECENNIAL CENSUS
AND AMENDING SECTION 2.08.015
Motion to approve with Draft Map B (5-0): Motion by Edwards, Second by Alexander. The vote
reflected unanimous approval.
19. Consider the COVID-19 Pandemic Community Reinvestment Program Strategy (At the
Request of Mayor Rahn and Council Member Edwards)
Recommendation: That the City Council receive and file the COVID-19 Pandemic
Community Reinvestment Program (CRP) Strategy and provide any
necessary direction regarding the same.
Approved the Staff Recommendation (5-0): Motion by Edwards, Second by Schwank. The vote
reflected unanimous approval.
20. Receive Update on the Police Base of Operations -Building Sizing Needs Assessment (At the
Request of Mayor Rahn and Council Member Stewart)
5
Recommendation: That the City Council receive an update on the police base of
operations -building sizing needs assessment.
Received update and provided direction to create policy around prioritizing the Old City Hall
Facility for public safety purposes (5-0): Motion by Rahn, Second by Stewart. The vote
reflected unanimous approval.
DEPARTMENTAL REPORTS
ITEMS FOR FUTURE CITY COUNCIL AGENDAS
CITY MANAGER REPORT
CITY ATTORNEY REPORT
ADJOURNMENT
At 10:50 PM, the City Council meeting was formally adjourned to Tuesday, March 22, 2022, at 5:30
PM for Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000
Main Street, Temecula, California.
Adjourned in support of those who are defending democracy in Ukraine currently
and in memory of those who have lost their lives in the invasion.
Matt Rahn, Mayor
ATTEST:
Randi Johl, City Clerk
[ SEAL]
6
Item No. 3
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Jennifer Hennessy, Director of Finance
DATE: March 22, 2022
SUBJECT: Approve the List of Demands
PREPARED BY: Pam Espinoza, Accounting Technician I
RECOMMENDATION: That the City Council adopt a resolution entitled:
RESOLUTION NO. 2022-
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.2022-
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 $4,924,006.24.
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 22"d day of March 2022.
Matt Rahn, 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. 2022- was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 22"d day of March 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
CITY OF TEMECULA
LIST OF DEMANDS
02/22/2022 TOTAL CHECK RUN:
02/24/2022 TOTAL CHECK RUN:
03/03/2022 TOTAL CHECK RUN:
03/03/2022 TOTAL PAYROLL RUN:
148,206.36
3,111,440.79
1,052,432.96
611,926.13
TOTAL LIST OF DEMANDS FOR 3/22/2022 COUNCIL MEETING: $ 4,924,006.24
DISBURSEMENTS BY FUND:
CHECKS:
001
GENERAL FUND
$ 3,341,285.76
140
COMMUNITY DEV BLOCK GRANT
18,991.06
165
AFFORDABLE HOUSING
5,334.94
190
TEMECULA COMMUNITY SERVICES DISTRICT
306,672.19
194
TCSD SERVICE LEVEL D REFUSE RECYCLING
1,156.83
196
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
931.93
197
TEMECULA LIBRARY FUND
7,412.94
210
CAPITAL IMPROV PROJ FUND
487,831.73
300
INSURANCE FUND
18,560.07
305
WORKERS' COMPENSATION
28,421.85
320
INFORMATION TECHNOLOGY
53,189.52
330
CENTRAL SERVICES
5,261.56
340
FACILITIES
13,662.98
501
SERVICE LEVEL"C"ZONE 1 SADDLEWOOD
0.03
502
SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK
74.02
503
SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLAND
4,080.46
504
SERVICE LEVEL"C"ZONE 4 THE VINEYARDS
0.70
505
SERVICE LEVEL"C"ZONE 5 SIGNET SERIES
68.63
506
SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY
47.91
507
SERVICE LEVEL"C"ZONE 7 RIDGEVIEW
0.03
508
SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE
583.89
509
SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA
16.61
510
SERVICE LEVEL"C"ZONE 10 MARTINIQUE
0.70
511
SERVICE LEVEL"C"ZONE 11 MEADOWVIEW
0.03
512
SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS
1,502.53
513
SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP.
79.25
514
SERVICE LEVEL"C"ZONE 14 MORRISON HOMES
0.03
515
SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATE
0.03
516
SERVICE LEVEL"C"ZONE 16 TRADEWINDS
84.70
517
SERVICE LEVEL"C"ZONE 17 MONTE VISTA
0.03
518
SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS
261.45
519
SERVICE LEVEL"C"ZONE 19 CHANTEMAR
245.74
520
SERVICE LEVEL"C"ZONE 20 CROWNE HILL
645.13
521
SERVICE LEVEL"C"ZONE 21 VAIL RANCH
1,052.51
522
SERVICE LEVEL"C"ZONE 22 SUTTON PLACE
0.03
523
SERVICE LEVEL"C"ZONE 23 PHEASENT RUN
22.98
524
SERVICE LEVEL"C"ZONE 24 HARVESTON
548.25
525
SERVICE LEVEL"C"ZONE 25 SERENA HILLS
112.38
526
SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION
11.49
527
SERVICE LEVEL"C"ZONE 27 AVONDALE
0.70
528
SERVICE LEVEL"C"ZONE 28 WOLF CREEK
1,097.17
529
SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT
15.34
700
CERBT CALIFORNIA EE RETIREE-GASB45
12,814.00
$ 4,312,080.11
CITY OF TEMECULA
LIST OF DEMANDS
001
GENERAL FUND
$ 325,740.07
140
COMMUNITY DEV BLOCK GRANT
496.45
165
AFFORDABLE HOUSING
3,736.81
190
TEMECULA COMMUNITY SERVICES DISTRICT
151,039.85
194
TCSD SERVICE LEVEL D REFUSE RECYCLING
1,394.89
196
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
546.54
197
TEMECULA LIBRARY FUND
3,296.20
300
INSURANCE FUND
2,173.28
305
WORKERS' COMPENSATION
2,173.32
320
INFORMATION TECHNOLOGY
36,995.32
330
SUPPORT SERVICES
3,786.80
340
FACILITIES
8,566.21
501
SERVICE LEVEL"C"ZONE 1 SADDLEWOOD
0.05
502
SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK
0.55
503
SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS
0.55
504
SERVICE LEVEL"C"ZONE 4 THE VINEYARDS
0.55
505
SERVICE LEVEL"C"ZONE 5 SIGNET SERIES
0.55
506
SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY
0.55
507
SERVICE LEVEL"C"ZONE 7 RIDGEVIEW
0.05
508
SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE
265.15
509
SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA
0.05
510
SERVICE LEVEL"C"ZONE 10 MARTINIQUE
0.55
511
SERVICE LEVEL"C"ZONE 11 MEADOWVIEW
0.05
512
SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS
132.60
513
SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP.
13.25
514
SERVICE LEVEL"C"ZONE 14 MORRISON HOMES
0.05
515
SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES
0.05
516
SERVICE LEVEL"C"ZONE 16 TRADEWINDS
13.25
517
SERVICE LEVEL"C"ZONE 17 MONTE VISTA
0.05
518
SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS
79.51
519
SERVICE LEVEL"C"ZONE 19 CHANTEMAR
111.34
520
SERVICE LEVEL"C"ZONE 20 CROWNE HILL
265.35
521
SERVICE LEVEL"C"ZONE 21 VAIL RANCH
503.82
522
SERVICE LEVEL"C"ZONE 22 SUTTON PLACE
0.05
523
SERVICE LEVEL"C"ZONE 23 PHEASENT RUN
1.19
524
SERVICE LEVEL"C"ZONE 24 HARVESTON
212.06
525
SERVICE LEVEL"C"ZONE 25 SERENA HILLS
26.53
526
SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION
0.05
527
SERVICE LEVEL"C"ZONE 27 AVONDALE
0.55
528
SERVICE LEVEL"C"ZONE 28 WOLF CREEK
530.19
529
SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT
0.13
700
CERBT CALIFORNIA EE RETIREE-GASB45
69,821.72
TOTAL BY FUND:
611,926.13
$ 4,924,006.24
apChkLst
02/22/2022 4:09:49PM
Bank: eunion EFT UNION BANK
Check # Date Vendor
Final Check List
CITY OF TEMECULA
Description
501849 2/24/2022 016450 AIR EXCHANGE INC
PLYMOVENT REPAIR: FIRE STA 95
PLYMOVENT REPAIR: FIRE STA 95
501850 2/24/2022 009374 ALLEGRO MUSICAL VENTURES
PIANO TUNING/MAINT: THEATER
DBA, ALLEGRO PIANO
SERVICE
501851 2/24/2022 021670 ANLIND OF TEMECULA INC,
VEH REPAIR/MAINT: TRAFFIC: POLICE
TEMECULA HARLEY-DAVIDSON
501852 2/24/2022 013950 AQUA CHILL OF SAN DIEGO
501853 2/24/2022 021400 AYERS ELECTRIC INC
501854 2/24/2022 004248 CALIF DEPT OF
JUSTICE-ACCTING
501855 2/24/2022 020436 CRONBERG, RICHARD N
501856 2/24/2022 001393 DATA TICKET INC, DBA
REVENUE EXPERTS
VEH REPAIR/MAINT: TRAFFIC: POLICE
VEH REPAIR/MAINT: TRAFFIC: POLICE
VEH REPAIR/MAINT: TRAFFIC: POLICE
VEH REPAIR/MAINT: TRAFFIC: POLICE
VEH REPAIR/MAINT: TRAFFIC: POLICE
VEH REPAIR/MAINT: TRAFFIC: POLICE
VEH REPAIR/MAINT: TRAFFIC: POLICE
VEH REPAIR/MAINT: TRAFFIC: POLICE
FEB DRINKING WTR SYS MAINT: CIVIC
CTR
FEB DRINKING WTR SYS MAINT: AQUATI
FEB DRINKING WTR SYS MAINT: MPSC
FEB DRINKING WTR SYS MAINT: THEATE
FEB DRINKING WTR SYS MAINT: JRC
FEB DRINKING WTR SYS MAINT: TCC
FEB DRINKING WTR SYS MAINT: TVM
FEB DRINKING WTR SYS MAINT: PW
FEB DRINKING WTR SYS MAINT: TPL
FEB DRINKING WTR SYS MAINT: FOC
MISC ELECTRICAL WORK: VARIOUS
PARKS
DEC FINGERPRING SVCS: TCSD
DEC FINGERPRING SVCS: WORKFORCE
TCSD INSTRUCTOR EARNINGS
AUG CITATION PROCESSING: POLICE
SEP CITATION PROCESSING: POLICE
DEC CITATION PROCESSING: POLICE
JUL CITATION PROCESSING: POLICE
NOV CITATION PROCESSING: POLICE
JAN CITATION PROCESSING: POLICE
OCT CITATION PROCESSING: POLICE
Amount Paid
671.73
308.87
260.00
776.17
615.89
583.54
527.04
348.07
326.32
291.03
274.61
252.14
212.00
67.34
34.75
28.28
28.28
28.28
28.28
28.28
28.28
28.28
800.00
554.00
98.00
112.00
1,312.63
1,163.50
1,133.86
1,070.76
885.82
755.33
632.69
Page: 1
Check Total
980.60
260.00
3,994.81
512.05
800.00
652.00
112.00
6,954.59
Page:1
apChkLst Final Check List Page: 2
02/22/2022 4:09:49PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
501857 2/24/2022 004192 DOWNS ENERGY FUEL
(Continued)
Description
FUEL FOR CITY VEHICLES: TCSD
FUEL FOR CITY VEHICLES: BLDG & SAFI
FUEL FOR CITY VEHICLES: BLDG INSPE
FUEL FOR CITY VEHICLES: FIRE DEPT
FUEL FOR CITY VEHICLES: CODE ENFOI
501858 2/24/2022
002577 ENGINEERING RESOURCES,
ENG SVCS: BIKE TRAIL PGM: PW19-11:
OF SOUTHERN CALIF., INC.
CIP
501859 2/24/2022
022726 FORENSIC NURSING OF
SART EXAM: TEM SHERIFF
SOCAL INC
501860 2/24/2022
000177 GLENNIES OFFICE PRODUCTS
OFC FURNITURE: SPORTS: TCSD
INC
MISC OFC SUPPLIES: PLANNING
MISC OFC SUPPLIES: BLDG & SAFETY
MISC OFC SUPPLIES: BLDG & SAFETY
MISC OFC SUPPLIES: BLDG & SAFETY
MISC OFC SUPPLIES: BLDG & SAFETY
MISC OFC SUPPLIES: PLANNING
MISC OFC SUPPLIES: BLDG & SAFETY
501861 2/24/2022
020628 HASA INC
POOL SANITIZING CHEMICALS:
VARIOUS POOLS
501862 2/24/2022
022056 IDETAIL SUPPLY CO
ENGINE MAINT SUPPLIES: FIRE STA 95
ENGINE MAINT SUPPLIES: FIRE STA 73
501863 2/24/2022
012883 JACOB'S HOUSE INC
FY 21/22 COMMUNITY SVC FUNDING
501864 2/24/2022
000482 LEIGHTON CONSULTING INC
GEOTECH PEER REVIEW: EVERHOME
501865 2/24/2022
021370 MARK THOMAS AND COMPANY
DSGN & ENVIRO SVCS: CONG
INC
RELIEF,PW19-02
501866 2/24/2022
018675 MDG ASSOCIATES INC
JAN CDBG PRGM ADMIN: PLANNING
JAN LABOR COMPLIANCE: PW20-08
501867 2/24/2022
019823 MERCHANTS BLDG MAINT LLC
CLEANING SVCS: MPSC: PW
CLEANING SVCS: FINANCE: CIVIC CTR
501868 2/24/2022
020907 MICHELLE MEDINA, DBA
TCSD INSTRUCTOR EARNINGS
MICHELLE Q MEDINA
501869 2/24/2022
004043 MISSION ELECTRIC SUPPLY
ELECTRICAL SUPPLIES: CIVIC CTR
INC
ELECTRICAL SUPPLIES: PARKS: PW
Amount Paid Check Total
712.07
389.05
236.38
190.77
80.41
13,576.00
800.00
11,571.88
384.05
128.51
42.04
19.47
17.57
11.68
8.74
1,176.95
254.48
140.83
5,000.00
2,300.00
720.55
5,902.50
358.13
290.00
290.00
1,940.40
1,009.09
124.29
1,608.68
13,576.00
800.00
12,183.94
1,176.95
395.31
5,000.00
2,300.00
720.55
6,260.63
580.00
1,940.40
1,133.38
Paget
apChkLst Final Check List Page: 3
02/22/2022 4:09:49PM CITY OF TEMECULA
Bank:
eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
501870
2/24/2022
004586
MOORE FENCE COMPANY INC
REPAIR CHAIN LINK FENCE-SAM
HICKS PK
501871
2/24/2022
019019
MUSIC CONNECTION LLC
STTLMNT: SPEAKEASY AT THE MERC
02/12
501872
2/24/2022
002925
NAPAAUTO PARTS
MISC AUTO PARTS: STREET MAINT:
PW
501873
2/24/2022
022599
NIEVES LANDSCAPE INC
LANDSCAPE IMPRVMT: RONALD
REAGAN SP: PW
501874
2/24/2022
021121
OCCUPATIONAL HEALTH CTR
2/7 MEDICAL SCREENINGS: HR
OF CA, DBA CONCENTRA
MEDICAL CTR
501875
2/24/2022
020429
REMOTE SATELLITE SYSTEMS
JAN '22 SAT PH AIRTIME/FEB FEE: EOC
INTL
501876
2/24/2022
002412
RICHARDS WATSON AND
JAN 2022 LEGAL SERVICES
GERSHON
JAN 2022 LEGAL SERVICES
JAN 2022 LEGAL SERVICES
501877
2/24/2022
009213
SHERRY BERRY MUSIC
JAZZ @ THE MERC 2/10/22
501878
2/24/2022
013482
SILVERMAN ENTERPRISES
SECURITY: SPECIAL EVENTS TCSD
INC, DBA BAS SECURITY
501879
2/24/2022
000645
SMART AND FINAL INC
RFRSHMNTS: EVENTS/PRGRMS:
MPSC:TCSD
501880
2/24/2022
001546
STRAIGHT LINE GLASS AND
WINDOW REPAIR: FIRE STA 95
MIRROR, COMPANY INC
501881
2/24/2022
008977
VALLEY EVENTS INC
RENTALS/FACE PAINTING/SANTA:
TCSD
501882
2/24/2022
020399
VOICES FOR CHILDREN
CDBG REIMBURSEMENT: OCT-DEC'21
501883
2/24/2022
018147
WADDLETON, JEFFREY L.
DJ/MC SVCS: SCOOTER JAM EVENT:
TCSD
DJ/MC SVCS: GRAND OPENING: SOMME
DJ/MC SVCS: HIGH HOPES EVENT: TCS[
501884
2/24/2022
008402
WESTERN RIVERSIDE CO
DEC'21 MSHCP PAYMENT
REG, CONSERVATION
AUTHORITY
Amount Paid Check Total
3,322.14
3,322.14
630.00
630.00
34.94
34.94
3,885.50
3,885.50
35.00
35.00
280.00
280.00
3,622.82
2,448.00
90.00
6,160.82
620.00
620.00
4,402.00
4,402.00
316.30
316.30
865.48
865.48
270.00
270.00
1,824.00
1,824.00
525.00
525.00
525.00
1,575.00
62,043.29
62,043.29
Page:3
apChkLst Final Check List Page: 4
02/22/2022 4:09:49PM CITY OF TEMECULA
Grand total for EFT UNION BANK: 148,206.36
Page:4
apChkLst Final Check List Page: 5
02/22/2022 4:09:49PM CITY OF TEMECULA
36 checks in this report.
Grand Total All Checks: 148,206.36
Page:5
apChkLst Final Check List Page: 1
02/24/2022 3:22:21 PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date
Vendor
Description
12717 1/20/2022
002390
EASTERN MUNICIPAL WATER
DEC WATER SVCS 31991 RORIPAUGH
DIST
VALLEY RD
12842 2/9/2022
006887
UNION BANK OF CALIFORNIA
013338
APPLE STORE
EXTRA STORAGE: SOCIAL MEDIA: ECO
DEV
020792
CANVA.COM
ANN'L MBRSHP SUBSCR: ECO DEV
12843 2/9/2022
006887
UNION BANK OF CALIFORNIA
022802
MARGARITA'S COCINAY
RFRSHMNTS: CITY ATTY MTG 12/14
CANTINA
12844 2/9/2022
006887
UNION BANK OF CALIFORNIA
010514
CAMPINI'S ITALIAN DELI
RFRSHMNTS: OUTREACH MTG
004822
RIVERSIDE TRANSIT AGENCY
BUS PASSES: HELPT CTR
007987
WALMART
SUPPLIES: HELP CTR
004432
ALBERTSONS GROCERY
HOMELESS OUTREACH
STORE
007987
WALMART
OFC SUPPLIES: HELP CTR
12845 2/9/2022
006887
UNION BANK OF CALIFORNIA
022516
CALIF EMERGENCY SERVICES
MEMBERSHIP RENEWAL
ASSOC
020548
SOURCE POINT PRODUCTS &
SUPPLIES: EMERGENCY MGMT
SRVCS, DBA FULLY
PROMOTED OF TV
022799
LIDO MOUNTS
RADIO MOUNT: EMERGENCY MGMT
019506
EVERNOTE CORPORATION
SUBSCRIPTION RENEWAL
Amount Paid Check Total
259.26 259.26
2.99
119.40 122.39
144.67 144.67
107.48
250.00
126.92
25.00
18.68 528.08
75.00
644.09
48.34
69.99 837.42
Page:1
apChkLst Final Check List Page: 2
02/24/2022 3:22:21PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date
Vendor
12847 2/9/2022
006887
UNION BANK OF CALIFORNIA
001526
MICHAELS STORES INC
000912
CITY CLERKS ASSN OF CALIF
000912
CITY CLERKS ASSN OF CALIF
000912
CITY CLERKS ASSN OF CALIF
000912
CITY CLERKS ASSN OF CALIF
000254
PRESS ENTERPRISE
COMPANY INC
006692
SAM'S CLUB
000254
PRESS ENTERPRISE
COMPANY INC
009612
BJS RESTAURANTS INC
014779
TOWN CENTER CLEANERS
000912
CITY CLERKS ASSN OF CALIF
12848 2/9/2022
006887
UNION BANK OF CALIFORNIA
022699
MOUNTAIN MIKE'S PIZZA
018389
IN-N-OUT BURGER INC
003296
INTL CODE COUNCIL
013338
APPLE STORE
018389
IN-N-OUT BURGER INC
018389
IN-N-OUT BURGER INC
001264
COSTCO TEMECULA 491
001264
COSTCO TEMECULA 491
018925
MEMORABLE BITES LLC, DBA
FIREHOUSE SUBS
12849 2/9/2022
006887
UNION BANK OF CALIFORNIA
022777
THE MEADOWS
002185 U S POSTAL SERVICE
(Continued)
Description
Amount Paid Check Total
FRAMES:
105.17
CERTS/PROCLAMATIONS: CLERK
WEBINAR REGIST
25.00
WEBINAR REGIST
25.00
WEBINAR REGIST
25.00
MEMBERSHIP REGIST
200.00
ONLINE SUBSCRIPTION: CITY CLERK
14.00
SUPPLIES: CITY COUNCIL MTGS ONLINE
54.58
SUBSCRIPTION: CITY CLERK
14.00
RFRSHMNTS: CITY CNCL MTG
325.51
12/14
LAUNDRY SVCS: TABLE LINENS
180.25
WEBINAR REGIST
25.00 993.51
RFRSHMNTS: CHILLED IN THE PARK 604.70
RFRSHMNTS: SPECIAL EVENTS: FIRE
17.35
DEPT
WEBINAR: FIRE: DEPT
150.00
ADD'L PHONE STORAGE
0.99
RFRSHMNTS: SPECIAL EVENTS: FIRE
75.69
DEPT
RFRSHMNTS: SPECIAL EVENTS: FIRE
38.49
DEPT
SYMPATHY FLOWERS: FIRE DEPT
54.37
FLOWERS: FIRE DEPT
53.87
RFRSHMNTS: CHILLED IN THE PARK
663.01 1,658.47
EVENT
RFRSHMNTS: VOLUNTEERS EVENT
2,200.00
POSTAGE STAMPS: POLICE DEPT
60.00 2,260.00
Paget
apChkLst Final Check List Page: 3
02/24/2022 3:22:21PM CITY OF TEMECULA
Bank:
union UNION BANK
Check #
Date Vendor
12850
2/9/2022 006887
UNION BANK OF CALIFORNIA
021986
ERGOTRON
013338
APPLE STORE
013338
APPLE STORE
002377
BEST BUY COMPANY INC
002377
BEST BUY COMPANY INC
022188
STORYBLOCKS
021986
ERGOTRON
12851
2/9/2022 006887
UNION BANK OF CALIFORNIA
000154
C S M F O
000175
GOVERNMENT FINANCE
OFFICERS, ASSOCIATION,
GFOA
006952
PAYPAL
000154
C S M F O
000154
C S M F O
001264
COSTCO TEMECULA 491
000398
CALIF MUNI TREASURERS
ASSN
000154
C S M F O
000154
C S M F O
000154
C S M F O
000398
CALIF MUNI TREASURERS
ASSN
(Continued)
Description
Amount Paid Check Total
ERGOTRON PARTS: INFO TECH
76.13
APPLE KEYBOARD
334.16
MINI IPAD: CYBER SECURITY
546.66
CHALLENGE
SOLAR PANEL/CAMERA: HARVESTON
217.46
SOLAR PANEL/CAMERA: HARVESTON
761.23
ANNUAL MEMBERSHIP: INFO TECH
349.00
ERGOTRON PARTS: INFO TECH
8.70 2,293.34
MEMBERSHIP RENEWAL 75.00
CERT OF ACHIEVEMENT REVIEW: 760.00
FINANCE
VERISIGN PAYFLOW PRO 25.00
TRANSACTION
WEBINAR 75.00
MEMBERSHIP RENEWAL 110.00
RFRSHMNTS: INTERVIEW PANEL: HR 275.30
WEBINAR: PUBLIC FUNDS
275.00
CONF REGISTRATION
470.00
CONF REGISTRATION
470.00
CONF REGISTRATION
470.00
WEBINAR: PUBLIC FUNDS INVEST
-180.00 2,825.30
Page:3
apChkLst Final Check List Page: 4
02/24/2022 3:22:21PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date Vendor
12852 2/9/2022 006887 UNION BANK OF CALIFORNIA
000152 CALIF PARKSAND
RECREATION SOC, C P R S
007177
MACARONI GRILL
007177
MACARONI GRILL
020792
CANVA.COM
000152
CALIF PARKS AND
RECREATION SOC, C P R S
000152
CALIF PARKS AND
RECREATION SOC, C P R S
000152
CALIF PARKS AND
RECREATION SOC, C P R S
000152
CALIF PARKS AND
RECREATION SOC, C P R S
000152
CALIF PARKS AND
RECREATION SOC, C P R S
000152
CALIF PARKS AND
RECREATION SOC, C P R S
015354
FACEBOOK.COM
015354
FACEBOOK.COM
022825
MARCO'S PIZZA
022825
MARCO'S PIZZA
022825
MARCO'S PIZZA
017736
FEAST CALIFORNIA CAFE LLC,
DBA CORNER BAKERY CAFE
020249
LAUND31R.COM LLC
012085
ISTOCK INT'L INC.
019070
BECKY'S BAKESHOP
020886
NETFLIX.COM
022475
FILMFREEWAY.COM
020535
LUNA GRILL
000254
PRESS ENTERPRISE
COMPANY INC
(Continued)
Description
AWARD SUBMISSION: CSD
HIGHLIGHTS VIDE
BANK CHARGES REVERSED
BANK CHARGES REVERSED
RFRSHMNTS: PERFORMERS
THEATER
RFRSHMNTS: PERFORMERS:
THEATER
�Y�1:?LYy 71i�[�LIil�9�7
MEMBERSHIP RENEWAL: TCSD
MEMBERSHIP RENEWAL
MEMBERSHIP RENEWAL
AWARD SUBMISSION: CITY'S
WEBSITE
AWARD SUBMISSION:
ARTS/CULTURE GUIDE
AWARD SUBMISSION: PARK
INFOMERCIAL
BOOST: AROUND & ABOUT
TEMECULA
BOOST: AROUND & ABOUT
TEMECULA
RFRSHMNTS: SPEC EVENT: CHILLED
RFRSHMNTS: SPEC EVENTS:
CHILLED
RFRSHMNTS: SPEC EVENTS:
CHILLED
RFRSHMNTS: SPEC EVENTS:
CHILLED
LAUNDER SVCS: SPEC EVENTS:
TCSD
BROCHURE DESIGN: TCSD
RFRSHMNTS: MAYOR'S WOMENS
CONF
MONTHLY CHARGE FOR SVC: CRC
TEEN ROOM
AWARD SUBMITTAL: DIGIFEST
TEMECULA
RFRSHMNTS: PERFORMERS:
THEATER
MEMBERSHIP DUES: TCSD
Amount Paid Check Total
70.00
-35.00
-91.54
107.66
215.32
12.99
550.00
5.00
150.00
70.00
70.00
70.00
2.70
17.30
142.10
235.68
165.09
75.43
67.15
120.00
600.00
8.99
63.00
114.17
75.86
Page:4
apChkLst
02/24/2022
3:22:21PM
Final Check List
CITY OF TEMECULA
Page: 5
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
006952
PAYPAL
VERISIGN PAYFLOW PRO TRANSACTION
291.90
3,173.80
12882
2/17/2022
010349
CALIF DEPT OF CHILD
SUPPORT PAYMENT
444.63
444.63
SUPPORT
12883
2/17/2022
021301
1 C M A RETIREMENT -PLAN
ICMA- 401(A) RETIREMENT PLAN
384.62
384.62
106474
PAYMENT
12884
2/17/2022
000194
1 C M A RETIREMENT -PLAN
ICMA-RC RETIREMENT TRUST 457
14,537.06
14,537.06
303355
PAYMENT
12885
2/17/2022
000444
INSTATAX (EDD)
STATE TAX PAYMENT
30,304.27
30,304.27
12886
2/17/2022
000283
INSTATAX (IRS)
FEDERAL TAX PAYMENT
95,195.91
95,195.91
12887
2/17/2022
001065
NATIONWIDE RETIREMENT
NATIONWIDE RETIREMENT PAYMENT
12,776.85
12,776.85
SOLUTION
12888
2/17/2022
019088
NATIONWIDE RETIREMENT
NATIONWIDE LOAN REPAYMENT
344.39
344.39
SOLUTION
PAYMENT
12889
2/17/2022
000389
NATIONWIDE RETIREMENT
OBRA- PROJECT RETIREMENT PAYMENT
2,961.84
2,961.84
SOLUTION
102111
2/22/2022
020965
ADVANCED PERMIT SERVICES
REFUND: CANCELLED PERMIT
137.60
137.60
B21-6694
102112
2/23/2022
022842
ESCALONA, JORGE
REFUND: DUPLICATE PAYMENT INV
133.00
133.00
106714
208187
2/24/2022
001517
AETNA BEHAVIORAL HEALTH
MAR EMPLOYEE ASSISTANCE PRGM: HR
1,161.60
1,161.60
LLC, DBA AETNA RESOURCES
208188
2/24/2022
003951
ALL AMERICAN ASPHALT
INFILL MINI PUMP TRACK -CAB MATERIALS
1,367.05
INFILL MINI PUMP TRACK -CAB MATERIALS
561.23
1,928.28
208189
2/24/2022
010905
ALLIED TRAFFIC &
ARROW BOARD REPLACE LIGHTS:
1,409.38
1,409.38
EQUIPMENT, RENTALS INC
STREETS: PW
Page:5
apChkLst
02/24/2022
3:22:21PM
Final Check List
CITY OF TEMECULA
Page: 6
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
208190
2/24/2022
007282
AMAZON CAPITAL SERVICES
MISC BOOKS: RHRTPL: TCSD
446.74
INC
OFC SUPPLIES: PREVENTION: FIRE DEPT
241.97
MISC OFC SUPPLIES: FIRE
108.76
MISC SMALLLTOOLS/EQPMNT: HR
55.44
MISC BOOKS: RHRTPL: TCSD
-7.69
TOOLS & EQPMNT: CRC: TCSD
85.75
MISC SUPPLIES: TVM: TCSD
43.48
SMALL PARTS FILTERS: FIRE STA 95
354.03
1,328.48
208191
2/24/2022
000747
AMERICAN PLANNING
MEMBERSHIP RENEWAL
470.00
470.00
ASSOCIATION
208192
2/24/2022
000101
APPLE ONE INC
OCT TEMP HELP: COM DEV
4,810.23
NOV TEMP HELP: COM DEV
3,623.10
JAN TEMP HELP: COM DEV
4,890.06
DEC TEMP HELP: COM DEV
4,957.38
18,280.77
208193
2/24/2022
022703
ATOM ENGINEERING
CONST. CONTRACT SVCS: FLOOD
103,075.00
103,075.00
CONSTRUCTION
CONTROL REPA
208194
2/24/2022
022738
AVILA, ALEJANDRO
REISSUE- REIMBURSEMENT OF
61.00
61.00
LIVESCAN FEE
208195
2/24/2022
017149
B G P RECREATION INC
TCSD INSTRUCTOR EARNINGS
5,917.80
TCSD INSTRUCTOR EARNINGS
8,067.72
13,985.52
208196
2/24/2022
011954
BAKER AND TAYLOR INC
BOOK COLLECTIONS: RHRPTL: TCSD
18.78
BOOK COLLECTIONS: RHRPTL: TCSD
316.30
BOOK COLLECTIONS: RHRPTL: TCSD
16.66
BOOK COLLECTIONS: RHRPTL: TCSD
39.99
BOOK COLLECTIONS: RHRPTL: TCSD
16.21
BOOK COLLECTIONS: RHRPTL: TCSD
165.93
BOOK COLLECTIONS: RHRPTL: TCSD
45.35
BOOK COLLECTIONS: RHRPTL: TCSD
47.66
BOOK COLLECTIONS: RHRPTL: TCSD
272.86
BOOK COLLECTIONS: RHRPTL: TCSD
19.47
BOOK COLLECTIONS: RHRPTL: TCSD
183.00
1,142.21
208197
2/24/2022
001323
BLUETRITON BRANDS INC,
01 //11 -02/10 WTR DLVRY SVC: FOC
8.69
8.69
DBA READYREFRESH
208198
2/24/2022
000319
BSN SPORTS LLC
FIELD SUPPLIES: WINTER
1,478.88
RENOVATIONS: TCSD
SPORTS EQUIPMENT: VARIOUS PARKS
4,635.16
6,114.04
208199
2/24/2022
003549
CALIF ASSN OF MUSEUMS
MEMBERSHIP RENEWAL
175.00
175.00
Page6
apChkLst Final Check List Page: 7
02/24/2022 3:22:21PM CITY OF TEMECULA
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
208200
2/24/2022
013265
CALIF BUILDING, STANDARDS
4TH QTR PAYMENT OF SB1473 2021
COMMISSION
208201
2/24/2022
004241
CALIF DEPT OF STATE
REMITTANCE OF AB1379 - QE DEC
ARCHITECT
2021
208202
2/24/2022
021851
CALIF NEWSPAPERS
JAN PUBLIC NTCADS: PLANNING
PARTNERSHIP, DBA SO CALIF
NEWS GROUP
208203
2/24/2022
012627
CLEAR IMAGE ENTERPRISES
WINDOW CLEANING: TVM
INC, DBA:CLEAR IMAGE
WINDOW CL
208204
2/24/2022
016530
COMMUNITY MISSION OF
CDBG REIMBURSEMENT: OCT - DEC
HOPE
'21
208205
2/24/2022
021230
CONSOLIDATED ELECTRICAL
WRCOG STREET LIGHT
DISTR, DBA CALIF ELECTRIC
IMPLEMENTATION
SUPPLY
208206
2/24/2022
011922
CORELOGIC INC, DBA
JAN PROP ID SFTWR: CODE
CORELOGIC SOLUTIONS
ENFORCEMENT
208207
2/24/2022
013379
COSSOU, CELINE
TCSD INSTRUCTOR EARNINGS
208208
2/24/2022
014521
COSTAR REALTY
FEB'22 WEB SUBSCRIPTION: ECO
INFORMATION INC
DEV
208209
2/24/2022
001264
COSTCO TEMECULA 491
HOSPITALITY & OFC SUPPLIES:
THEATER
208210
2/24/2022
004329
COSTCO TEMECULA 491
RFRSHMNTS - EVENTS/PRGRMS:
MPSC
RFRSHMNTS: EVENTS & PRGMS: MPSC
RFRSHMNTS - EVENTS/PRGRMS:MPSC
208211
2/24/2022
010461
DEMCO INC
MISC SUPPLIES: RHRTPL: TCSD
208212
2/24/2022
008532
DREAM SHAPERS
ENTERTAINMENT: CULTURAL EVENT:
TCSD
208213
2/24/2022
015330
FAIR HOUSING COUNCIL, OF
JAN CDBG SUB -RECIPIENT: FAIR
RIVERSIDE COUNTY INC
HOUSING SVC
208214
2/24/2022
019469
FALCON ENGINEERING
CNSTRCTN MGMT SVCS: SANTA
SERVICES
GERTRUDIS CRK
Amount Paid Check Total
1,518.00
1,518.00
1,132.80
1,132.80
1,046.50
1,046.50
165.00 165.00
1,128.00 1,128.00
3,278.81 3,278.81
279.00
279.00
308.00
308.00
1,200.00
1,200.00
91.73
91.73
186.30
219.99
59.97
466.26
541.77
541.77
475.00
475.00
2,025.74
2,025.74
46,584.03
46,584.03
Page:?
apChkLst Final Check List Page: 8
02/24/2022 3:22:21PM CITY OF TEMECULA
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
208215
2/24/2022
000165
FEDERAL EXPRESS INC
EXP MAIL SVCS: COM DEV
11.10
EXP MAIL SVCS: PLANNING
9.95
208216
2/24/2022
000165
FEDERAL EXPRESS INC
EXP MAIL SVCS: TCSD
8.73
EXP MAIL SVCS: FINANCE
9.19
208217
2/24/2022
014865
FREIZE UHLER KIMBERLY DBA,
SPECIAL EVENT SUPPLIES:
510.58
CLEAR BLUE PROMOTIONS
PREVENTION: FIR
SPECIAL EVENT SUPPLIES: PREVENTION: FIR
198.68
208218
2/24/2022
016184
FUN EXPRESS LLC
VAR CRAFT KITS/SUP/DECOR: SKIP
396.77
PRGM
208219
2/24/2022
014100
GODS FAN CLUB, DBA
CDBG: RENTAL ASSISTANCE: ORTIZ
2,400.00
PROJECT TOUCH
208220
2/24/2022
014100
GODS FAN CLUB, DBA
FY 21/22 DISCRETIONARY GRANT
1,000.00
PROJECT TOUCH
FUNDS
208221
2/24/2022
003792
GRAINGER
ELECTRIC MOTOR: CIVIC CTR
1,118.88
208222
2/24/2022
000186
HANKS HARDWARE INC
Misc hardware supplies: Code Enf
54.80
MISC MAINT SUPPLIES: HARVESTON LK
169.20
208223
2/24/2022
013099
HAVEN TECHNOLOGY CORP
BOX OFFICE/TRANSACTION
2,115.12
INTERCOM
208224
2/24/2022
001013
HINDERLITER DE LLAMAS &
JAN-MAR SALES TAX & RECOVERY
10,261.23
ASSOC
SVCS
208225
2/24/2022
022666
HOSKINS, MITCHELLJ
STTLMNT: LIVE HIP -HOP AT THE
1,220.00
MERC:
208226
2/24/2022
018010
HUGS 4 KIDS N STEAM INC
BLACK HISTORY MONTH ART PERF:
200.00
TCSD
208227
2/24/2022
004179
INTERNATIONAL E-Z UP INC
EZ UP SHELTER: JOB FAIRS: HR
1,728.49
208228
2/24/2022
021896
JP HANDMADE CORP, DBA
OFC SUPPLIES: ENVELOPES: HR
200.74
MINUTEMAN PRESS
208229
2/24/2022
001091
KEYSER MARSTON
OCT FISCAL IMPACT ANALYSIS
3,256.25
ASSOCIATES INC
REVIEW: PRADO
JAN FISCAL IMPACT ANALYSIS REVIEW: PRADO
6,015.00
DEC FISCAL IMPACT ANALYSIS REVIEW: PRADO
2,232.50
NOV FISCAL IMPACT ANALYSIS REVIEW: PRADO
8,553.75
208230
2/24/2022
004813
M AND J PAUL ENTERPRISES
JUMPER/GAME RENTAL: SPEC EVENT:
1,343.00
INC, DBA JOLLY JUMPS
TCSD
Check Total
21.05
17.92
709.26
396.77
2,400.00
1,000.00
1,118.88
224.00
2,115.12
10, 261.23
1,220.00
200.00
1,728.49
200.74
20,057.50
1,343.00
Page:8
apChkLst
02/24/2022
3:22:21PM
Final Check List
CITY OF TEMECULA
Page: 9
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
208231
2/24/2022
022664
MARIPOSATREE
TREE TRIMMING: CITY RIGHT-OF-WAY
326.00
MANAGEMENT INC
TREE TRIMMING: CITY RIGHT-OF-WAY
290.00
TREE TRIMMING: RANCHO HIGHLANDS
3,999.00
TREE TRIMMING: RRSP: PARKS
4,959.00
TREE TRIMMING: CITY RIGHT-OF-WAY
163.00
TREE TRIMMING: VINTAGE HILLS SLOPE
1,164.00
TREE REMOVAL: FIRE STATION 84
3,276.00
TREE TRIMMING: CITY RIGHT-OF-WAY
163.00
TREE TRIMMING: PARKS & MEDIANS
93.00
14,433.00
208232
2/24/2022
022829
MAROTTA, LOUIS
CDBG RENTAL ASSISTANCE:
2,355.00
2,355.00
GONZALEZ
208233
2/24/2022
021788
MKI ARTISTS
CLASSICAL SERIES PERFORMANCE:
3,720.00
3,720.00
THEATER:
208234
2/24/2022
022840
MOORE, AMY
REFUND: YOUTH MUSICAL THEATER
400.00
400.00
208235
2/24/2022
018099
NATIONAL SAFETY
DOT Testing: HR
537.80
537.80
COMPLIANCE INC
208236
2/24/2022
020234
NELSON RANDY, DBA
EQUIPMENT FOR MTRS: TEM SHERIFF
1,087.50
1,087.50
MOTORCYCLE DYNAMICS
208237
2/24/2022
003964
OFFICE DEPOT BUSINESS SVS
MISC OFFICE SUPPLIES: HR
31.53
DIV
MISC OFFICE SUPPLIES: HR
11.36
MISC OFFICE SUPPLIES: HR
36.81
79.70
208238
2/24/2022
022623
OLD TOWN RESTAURANT
RFRSHMNTS: TVM EVENTS: TCSD
326.25
326.25
GROUP LLC, DBA CRUSH &
BREW
208239
2/24/2022
000254
PRESS ENTERPRISE
26 WKS SUBSCR: PLANNINNG
611.45
611.45
COMPANY INC
208240
2/24/2022
022839
PRICE, ASHLEE
REFUND: LIBRARY SMARTPAY
6.99
6.99
208241
2/24/2022
022837
QUADIENT FINANCE USA INC
postage: tem sheriff
200.00
200.00
208242
2/24/2022
022771
QUAKEHOLD INDUSTRIAL INC
CELLTRION RAPID COVID TEST: EOC
760.71
760.71
208243
2/24/2022
017391
RISE INTERPRETING INC
JAN SIGN LANGUAGE INTERPRETING:
1,320.00
1,320.00
CLASSES
Page9
apChkLst
02/24/2022
3:22:21PM
Final Check List
CITY OF TEMECULA
Page: 10
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
208244
2/24/2022
022715
RIVERSIDE CO PUBLIC
NOV EMERG RADIO RENTALS: CODE
205.20
SAFETY, ENTERPRISE
ENF
COMMUNICATION
OCT EMERG RADIO RENTALS: CODE EN
205.20
410.40
208245
2/24/2022
000406
RIVERSIDE CO SHERIFFS
12/16-01/12 LAW ENFORCEMENT
2,471,345.31
2,471,345.31
DEPT
208246
2/24/2022
011645
RIVERSIDE COUNTY
POSTPONE FEE: CASE NO. SCSW
10.00
10.00
SUPERIOR, COURT
2200117
208247
2/24/2022
009980
SANBORN GWYNETH A, CO
COUNTRY LIVE! @ THE MERC 2/19
506.25
506.25
TEMECULA MUSIC ACADEMY
208248
2/24/2022
017699
SARNOWSKI SHAWNA M
PHOTOGRAPHY SVCS: SPECIAL
170.00
PRESTON
EVENTS:TCSD
PHOTOGRAPHY SVCS:SPECIAL EVENT
170.00
340.00
208249
2/24/2022
011511
SCUBA CENTER TEMECULA
TCSD INSTRUCTOR EARNINGS
98.00
98.00
208250
2/24/2022
002503
SOUTH COAST AIR QUALITY,
FY21/22 FLAT FEE -LAST F-YR
142.59
MANAGEMENT DISTRICT
EMISSIONS:
LIQUID FUEL DISPENSING/GENERATOR:
570.26
712.85
208251
2/24/2022
000519
SOUTH COUNTY PEST
PEST CONTROL SVCS: STA 92: FIRE
42.00
CONTROL INC
PEST CONTROL SVCS: OVERLAND: FIRE
48.00
90.00
208252
2/24/2022
015648
STEIN ANDREW, DBA PARKINK
MISC SUPPLIES: SPECIAL EVENTS:
2,681.49
2,681.49
TCSD
208253
2/24/2022
022821
STOP STICK LTD
PORTABLE STOP STICK/SPIKE
3,583.94
3,583.94
STRIPS: PD
208254
2/24/2022
009061
STURDIVANT, ANGELA P
TCSD INSTRUCTOR EARNINGS
1,113.35
1,113.35
208255
2/24/2022
008373
SUNBELT RENTALS INC
TOWER/POWER RENTALS: SPEC
10,391.85
EVENTS:TCSD
TOWER/POWER RENTALS: SPEC EVENT
3,461.24
TOWER/POWER RENTALS: SPEC EVENT
1,170.88
TOWER/POWER RENTALS: SPEC EVENT
-1,013.53
14,010.44
208256
2/24/2022
019018
SUNRUN INSTALLATION
REFUND: CANCELLED PERMIT
129.60
SRVCS INC
B21-2968
REFUND: CANCELLED PERMIT B21-3263
129.60
REFUND: CANCELLED PERMIT B21-2714
129.60
REFUND: CANCELLED PERMIT B21-0440
129.60
518.40
208257
2/24/2022
014337
TEMECULA LITTLE LEAGUE
REFUND: CRC SECURITY DEPOSIT
200.00
200.00
1 /29/22
Page:10
apChkLst Final Check List Page: 11
02/24/2022 3:22:21PM CITY OF TEMECULA
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
208258
2/24/2022
015669
TEMECULA VALLEY
CROSS CONNECTION TESTING:
BACKFLOW INC
PARKS
208259
2/24/2022
022783
THOMAS, ELLIOTT J
TCSD INSTRUCTOR EARNINGS
208260
2/24/2022
022745
TRUIST BANK
MRAP MORTGAGE GRANT RECIPIENT
3/3
208261
2/24/2022
022046
TURBOSCAPE INC
LDSCP MULCH: INFILL MINI PUMP
TRACK
208262
2/24/2022
010046
TV CONVENTION &VISITORS
DEC'21 BUS. IMPRV DISTRICT
BUREAU, DBA VISIT TEMECULA
ASMNTS
VALLEY
Amount Paid Check Total
5,750.00
5,750.00
686.00
686.00
2,393.83
2,393.83
2,640.00
2,640.00
140, 920.53
140, 920.53
208263
2/24/2022
005460
U S BANK
ACCOUNT ANALYSIS: FINANCE
875.00
875.00
208264
2/24/2022
016546
UNIVERSITY ENTERPRISES
FY 21/22 ED SPONSORSHIP FUNDS
7,500.00
7,500.00
CORP, AT CSUSB
208265
2/24/2022
014486
VERIZON WIRELESS
1/11-2/10 TASK FORCE TABLETS
502.79
502.79
POLICE
208266
2/24/2022
007208
VINCES SPAGHETTI EXPRESS
RFRSHMNTS: HIGH HOPES & SKIP
842.55
842.55
208267
2/24/2022
001890
VORTEX INDUSTRIES INC
GATE MAINTENANCE: FIRE STA92
1,468.30
1,468.30
208268
2/24/2022
007987
WALMART
REC SUPPLIES: CRC: TCSD
295.35
HOSPITALITY & MISC SUPPLIES: THEATI
10.82
MISC SUPPLIES: TVM/ACE: TCSD
16.30
322.47
208269
2/24/2022
020193
WHITECAP LP
Erosion Control: Infill Mini Pump Track
1,369.51
1,369.51
Grand total
for UNION BANK:
3,111,440.79
Page:11
apChkLst Final Check List Page: 12
02/24/2022 3:22:21PM CITY OF TEMECULA
104 checks in this report.
Grand Total All Checks: 3,111,440.79
Page:12
apChkLst Final Check List Page: 1
03/01/2022 3:12:05PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date
Vendor
Description
501885 3/3/2022
004240 AMERICAN FORENSIC NURSES
DRUG/ALCOHOL ANALYSIS: TEM
AFN
SHERIFF
501886 3/3/2022
000936 AMERICAN RED CROSS,
STAFF/LIFEGUARDS CERTS:
HEALTH AND SAFETY SVCS
AQUATICS
501887 3/3/2022
019559 BMW MOTORCYCLES OF
VEHICLE MAINT & REPAIR: TEM
RIVERSIDE
SHERIFF
VEHICLE MAINT & REPAIR: TEM SHERIFI
VEHICLE MAINT & REPAIR: TEM SHERIFI
VEHICLE MAINT & REPAIR: TEM SHERIFI
501888 3/3/2022
004248 CALIF DEPT OF
JAN FINGERPRINTING SVCS: POLICE
JUSTICE-ACCTING
blood & alcohol analysis: tern sheriff
JAN FINGERPRINTING SVCS: VOLUNTEE
JAN FINGERPRINTING SVCS: WORKFOF
JAN FINGERPRINTING SVCS: HR
JAN FINGERPRINTING SVCS: CLASSES:
501889 3/3/2022
004412 COMPLETE TENNIS CAMP,
TCSD INSTRUCTOR EARNINGS
CTC TENNIS AKA KERRY LE
501890 3/3/2022
017542 COX, KRISTI LYN
TCSD INSTRUCTOR EARNINGS
501891 3/3/2022
001393 DATA TICKET INC, DBA
JUL CITATION PROCESSING: TCSD
REVENUE EXPERTS
AUG CITATION PROCESSING: TCSD
SEP CITATION PROCESSING: TCSD
OCT CITATION PROCESSING: TCSD
NOV CITATION PROCESSING: TCSD
DEC CITATION PROCESSING: TCSD
JAN CITATION PROCESSING: TCSD
JAN CITATION PROCESSING: TCSD
501892 3/3/2022
003945 DIAMOND ENVIRONMENTAL
TEMPORARY FENCING: JRC
SRVCS
TEMPORARY FENCING: JRC
Amount Paid Check Total
634.90
634.90
352.00
352.00
693.10
393.05
393.05
135.00
1,614.20
3,131.00
665.00
245.00
147.00
147.00
98.00
4,433.00
1,222.38
1,222.38
302.40
302.40
200.00
200.00
200.00
200.00
200.00
200.00
200.00
200.00
1,600.00
122.61
95.00
217.61
Page-1
apChkLst
03/01/2022
3:12:05PM
Final Check List
CITY OF TEMECULA
Page: 2
Bank:
eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
501893
3/3/2022
004192
DOWNS ENERGY FUEL
FUEL FOR CITY VEHICLES: PARKS: PW
1,445.04
FUEL FOR CITY VEHICLES: STREETS: M
906.72
FUEL FOR CITY VEHICLES: TCSD
626.54
FUEL FOR CITY VEHICLES: TRAFFIC: PN
277.76
FUEL FOR CITY VEHICLES: LAND DEV: F
165.98
FUEL FOR CITY VEHICLES: BLDG & SAFI
154.05
FUEL FOR CITY VEHICLES: PW: CIP
147.76
FUEL FOR CITY VEHICLES: CODE ENF
139.97
FUEL FOR CITY VEHICLES: FIRE DEPT
127.88
FUEL FOR CITY VEHICLES: EOC
107.28
FUEL FOR CITY VEHICLES: INFO TECH
77.40
4,176.38
501894
3/3/2022
012217
DUDEK
JAN CONSTRUCT MGMT SVCS:
41,101.09
PW11-10
DEC CNSTRCT MGMT SVCS: FLOOD CN
27,398.82
68,499.91
501895
3/3/2022
004068
ECALDRE MANALILI-DE VILLA,
TCSD INSTRUCTOR EARNINGS
1,263.80
1,263.80
AILEEN
501896
3/3/2022
018098
ELITE CLAIMS MANAGEMENT
JAN '21 3RD PARTY CLAIM ADMIN:
1,250.00
1,250.00
INC
WRKRS COM
501897
3/3/2022
013076
GAUDETYVONNE M, DBA YES
TCSD INSTRUCTOR EARNINGS
423.50
423.50
YOU CAN DRAW
501898
3/3/2022
000177
GLENNIES OFFICE PRODUCTS
MISC OFC SUPPLIES: FINANCE
61.44
61.44
INC
501899
3/3/2022
020908
EMPLOYEE #00527
REIMB: CSMFO CONF PARK/MILES
86.82
86.82
501900
3/3/2022
019085
INTERPRETERS UNLIMITED
INTERPRETER SRVCS: TEM SHERIFF
45.75
INC
INTERPRETER SRVCS: TEM SHERIFF
20.25
66.00
501901
3/3/2022
020143
JOHNSON, GREGORY
LIGHT BAR/FLASHING LIGHTS: 2
9,647.26
9,647.26
THOMAS,JOHNSON
TRUCKS: TEM
EQUIPMENT COMPANY
501902
3/3/2022
022847
EMPLOYEE #00612
REIMB: MILEAGE & LODGING
402.76
402.76
501903
3/3/2022
018675
MDG ASSOCIATES INC
JAN LABOR COMPLIANCE: MPSC
146.25
146.25
PW-20-13
501904
3/3/2022
004043
MISSION ELECTRIC SUPPLY
ELECTRICAL SUPPLIES: PARKS: PW
1,207.26
INC
ELECTRICAL SUPPLIES: PARKS: PW
543.75
1,751.01
501905
3/3/2022
009337
NV5 INC
JAN PROJ MGT SVCS: MRC, PW17-21
6,105.00
6,105.00
Paget
apChkLst Final Check List Page: 3
03/01/2022 3:12:05PM CITY OF TEMECULA
Bank:
eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
501906
3/3/2022
021998
OLD TOWN TIRE AND SERVICE
EQUPIMENT MAINT: PW FACS
INC
VEHICLE MAINT: PARKS/FACILITIES
VEHICLE MAINT: PW STREETS
VEHICLE REPAIR/MAIN-P. PW FACILITIES
501907
3/3/2022
002412
RICHARDS WATSON AND
JAN 2022 LEGAL SERVICES
GERSHON
JAN 2022 LEGAL SERVICES
JAN 2022 LEGAL SERVICES
JAN 2022 LEGAL SERVICES
JAN 2022 LEGAL SERVICES
JAN 2022 LEGAL SERVICES
JAN 2022 LEGAL SERVICES
JAN 2022 LEGAL SERVICES
JAN 2022 LEGAL SERVICES
JAN 2022 LEGAL SERVICES
501908
3/3/2022
005329
SAFE FAMILY JUSTICE
FY21/22 COMMUNITY SVC FUNDING
CENTERS
501909 3/3/2022 020922 EMPLOYEE #00529
501910 3/3/2022 009213 SHERRY BERRY MUSIC
501911 3/3/2022 021620 SIEMENS MOBILITY INC
501912 3/3/2022 013482 SILVERMAN ENTERPRISES
INC, DBA BAS SECURITY
501913 3/3/2022 003840 STRONG'S PAINTING
501914 3/3/2022 003849 TERRYBERRY COMPANY
501915 3/3/2022 008977 VALLEY EVENTS INC
REIMB: PTSC MTG FEB'22
JAZZ @ THE MERC 2/17
TRAFFIC POLE REPLACE: RUSTIC
GLEN
TRAFFIC POLE REPLACE: RUSTIC GLEN
TRAFFIC POLE REPLACEMENT: MARGAI
SECURITY: SPECIAL EVENTS TCSD
Amount Paid Check Total
881.54
877.44
849.36
685.10
14,069.35
4,706.25
3,889.17
3,749.50
630.00
622.00
538.50
259.98
52.00
29.00
5,000.00
45.00
535.00
4,837.56
2,526.86
2,420.84
2,505.00
CITYWIDE BUS STOPS PAINTING: PW 6,000.00
SERVICE AWARDS: HR
103.35
Service Awards: HR
101.32
SERVICE AWARDS: HR
89.91
RENTALS/SANTA: SPECIAL EVENTS:
690.00
TCSD
LINEN RENTAL: MPSC 12/6: TCSD
438.00
Grand total for EFT UNION BANK:
3,293.44
28,545.75
5,000.00
45.00
535.00
9,785.26
2,505.00
6,000.00
294.58
1,128.00
161,388.65
Page:3
apChkLst Final Check List Page: 4
03/01/2022 3:12:05PM CITY OF TEMECULA
checks in this report.
Grand Total All Checks: 161,388.65
Page:4
apChkLst Final Check List Page: 1
03/03/2022 2:43:59PM CITY OF TEMECULA
Bank:
union UNION BANK
Check #
Date
Vendor
Description
12890
2/28/2022
000246
PERS (EMPLOYEES'
PERS RETIREMENT PAYMENT
RETIREMENT)
12924
2/14/2022
006887
UNION BANK OF CALIFORNIA
022445
O'REILLYAUTO PARTS
TIRE CABLES: POLICE DEPT
12930
2/22/2022
018098
ELITE CLAIMS MANAGEMENT
FUNDS FOR WORKERS COMP CLAIMS
INC
12940
3/3/2022
010349
CALIF DEPT OF CHILD
SUPPORT PAYMENT
SUPPORT
12941
3/3/2022
017429
COBRAADVANTAGE INC, DBA
FSA REIMBURSEMENT PAYMENT
THE ADVANTAGE GROUP
12942
3/3/2022
021301
1 C M A RETIREMENT -PLAN
ICMA- 401(A) RETIREMENT PLAN
106474
PAYMENT
12943
3/3/2022
000194
I C M A RETIREMENT -PLAN
ICMA-RC RETIREMENT TRUST 457
303355
PAYMENT
12944
3/3/2022
000444
INSTATAX (EDD)
STATE TAX PAYMENT
12945
3/3/2022
000283
INSTATAX (IRS)
FEDERAL TAX PAYMENT
12946
3/3/2022
001065
NATIONWIDE RETIREMENT
NATIONWIDE RETIREMENT PAYMENT
SOLUTION
12947
3/3/2022
019088
NATIONWIDE RETIREMENT
NATIONWIDE LOAN REPAYMENT
SOLUTION
PAYMENT
12948
3/3/2022
000389
NATIONWIDE RETIREMENT
OBRA- PROJECT RETIREMENT
SOLUTION
PAYMENT
12949
3/3/2022
000245
PERS - HEALTH INSUR
PERS HEALTH PAYMENT
PREMIUM
PERS HEALTH PAYMENT
208270
3/3/2022
010904
AFECO INC DBA FIRE ETC
SMALL TOOLS: FIRE STA 84
208271
3/3/2022
003951
ALL AMERICAN ASPHALT
ASPHALT SUPPLIES: STREET MAINT:
PW
Amount Paid Check Total
120,756.17 120,756.17
119.99
119.99
20,000.00
20,000.00
406.99
406.99
22,336.74
22,336.74
384.62
384.62
16,953.63
16,953.63
30,451.46
30,451.46
95,247.64
95,247.64
14,047.21
14,047.21
344.39
344.39
2,982.06
2,982.06
149,602.72
0.00
149,602.72
87.00
87.00
917.35
917.35
Page:1
apChkLst Final Check List Page: 2
03/03/2022 2:43:59PM CITY OF TEMECULA
Bank:
union UNION BANK
(Continued)
Check #
Date Vendor
Description
Amount Paid
Check Total
208272
3/3/2022 007282
AMAZON CAPITAL SERVICES
TWO WAY RADIO: EOC
672.05
INC
TOOLS & EQPMNT: CRC: TCSD
254.58
MISC SUPPLIES:ACE: TCSD
229.68
MISC SUPPLIES: ACE: TCSD
201.50
TOOLS & EQPMNT: CRC: TCSD
140.20
SMALL TOOLS: FIRE STA 73
130.48
MISC EQUIP - BC/CHIEF: FIRE DEPT
76.52
MISC OFC SUPPLIES: PD MALL STOREFI
50.45
SUPPLIES: TEAM PACE
28.35
MISC SUPPLIES: ACE: TCSD
15.21
MISC BOOKS: RHRTPL: TCSD
-19.56
MISC EQUIPMENT: PREVENTION: FIRE
-20.61
MISC SMALL TOOLS/EQUIPMENT: HR
-22.83
MISC EQUIP - BC/CHIEF: FIRE DEPT
-38.26
MISC EQUIP - BC/CHIEF: FIRE DEPT
-38.26
OFC SUPPLIES: PREVENTION: FIRE
-172.91
1,486.59
208273
3/3/2022 005946
AYERS DISTRIBUTING
PLASTIC EASTER EGGS: TCSD
2,780.00
2,780.00
COMPANY
208274 3/3/2022 011954 BAKER AND TAYLOR INC BOOK COLLECTIONS: RHRPTL: TCSD
424.65
BOOK COLLECTIONS: RHRPTL: TCSD
416.56
BOOK COLLECTIONS: RHRPTL: TCSD
141.42
BOOK COLLECTIONS: RHRPTL: TCSD
107.51
BOOK COLLECTIONS: RHRPTL: TCSD
74.90
BOOK COLLECTIONS: RHRPTL: TCSD
63.74
BOOK COLLECTIONS: RHRPTL: TCSD
56.36
BOOK COLLECTIONS: RHRPTL: TCSD
23.22
BOOK COLLECTIONS: RHRPTL: TCSD
18.37
BOOK COLLECTIONS: RHRPTL: TCSD
17.26
BOOK COLLECTIONS: RHRPTL: TCSD
17.26
BOOK COLLECTIONS: RHRPTL: TCSD
9.54
1,370.79
208275 3/3/2022 004262 BIO TOX LABORATORIES PHLEBOTOMY SVCS: TEM SHERIFF
1,182.00
PHLEBOTOMY SVCS: TEM SHERIFF
490.00
PHLEBOTOMY SVCS: TEM SHERIFF
336.00
2,008.00
208276 3/3/2022 011421 BRODART CO BOOK COLLECTIONS: RHRTPL: TCSD
325.26
BOOK COLLECTIONS: RHRTPL: TCSD
112.69
BOOK COLLECTIONS: RHRTPL: TCSD
48.39
BOOK COLLECTIONS: RHRTPL: TCSD
47.05
BOOK COLLECTIONS: RHRTPL: TCSD
38.58
BOOK COLLECTIONS: RHRTPL: TCSD
16.59
BOOK COLLECTIONS: RHRTPL: TCSD
11.62
BOOK COLLECTIONS: RHRTPL: TCSD
8.88
BOOK COLLECTIONS: RHRTPL: TCSD
8.23
617.29
Paget
apChkLst
03/03/2022
2:43:59PM
Final Check List
CITY OF TEMECULA
Page: 3
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
208277
3/3/2022
021502
BUCHER, BRET PHILLIP
TCSD INSTRUCTOR EARNINGS
1,407.00
1,407.00
208278
3/3/2022
022844
BULLETPROOF COATINGS INC
POWDER COATING GATE: STA 95:
230.00
230.00
FIRE
208279
3/3/2022
005321
CALIF ASSOC OF CODE,
MEMBERSHIP RENEWAL
95.00
95.00
ENFORCEMENT OFFICERS
208280
3/3/2022
001054
CALIF BUILDING OFFICIALS,
WEBINAR: CODE ENF
70.00
70.00
(CALBO)
208281
3/3/2022
000638
CALIF DEPT OF
2001 4TH QTR PMT.STRONG MOTION
5,864.24
5,864.24
CONSERVATION
208282
3/3/2022
009640
CERTIFION CORP DBA
FEB ONLINE DATABASE SUBSCR:
200.00
200.00
ENTERSECT
POLICE
208283
3/3/2022
016446
CHRISTIAN STITCHERY INC,
STAFF UNIFORMS: THEATER: TCSD
1,020.24
1,020.24
DBA SO CAL IMPRESSIONS
208284
3/3/2022
005417
CINTAS PROTECTION NO 2,
FIRST AID KIT MAINT: RISK
MGMT
328.25
CINTAS FIRE 636525
FIRST AID KIT MAINT: RISK
MGMT
183.82
FIRST AID KIT MAINT: RISK
MGMT
165.39
FIRST AID KIT MAINT: RISK
MGMT
141.47
FIRST AID KIT MAINT: RISK
MGMT
137.22
FIRST AID KIT MAINT: RISK MGMT
32.52
988.67
208285
3/3/2022
013379
COSSOU, CELINE
TCSD INSTRUCTOR EARNINGS
682.50
682.50
208286
3/3/2022
001264
COSTCO TEMECULA 491
MISC SUPPLIES: PREVENTION: FIRE
118.84
118.84
208287
3/3/2022
004329
COSTCO TEMECULA 491
RFRSHMNTS:SPECIAL EVENTS:TCSD
313.77
PRGM & EVENT SUPPLIES: HUMAN SVCS
266.65
580.42
208288
3/3/2022
001233
DANS FEED AND SEED INC
MISC SUPPLIES: STREET MAINT: PW
29.50
29.50
208289
3/3/2022
012600
DAVID EVANS AND
JAN DSGN SVCS: DIAZ RD EXP:
37,951.57
ASSOCIATES INC
PW17-25
JAN DESIGN SVCS: RECYCLED WTR PROJ:
PW21
860.00
JAN CONST BID SUPPT: SANTA GERTRUDIS
410.00
JAN DSGN SVCS: RONALD REAGAN SP(
239.79
39,461.36
208290
3/3/2022
017432
EYEMED VISION CARE
VISION PLAN PAYMENT
1,623.72
1,623.72
208291
3/3/2022
000165
FEDERAL EXPRESS INC
EXP MAIL SVCS: AQUATICS: TCSD
14.56
EXP MAIL SVCS: PLANNING
11.10
25.66
Page.-3
apChkLst
03/03/2022
2:43:59PM
Final Check List
CITY OF TEMECULA
Page: 4
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
208292
3/3/2022
022482
FLUID, DAN, DBA LIGHTNING
PERIMETER FENCE: SAM HICKS PRK :
177,792.50
177,792.50
FENCE CO
CIP PW
208293
3/3/2022
002982
FRANCHISE TAX BOARD
KRACH, BREE - CASE# 603016103
6.80
6.80
208294
3/3/2022
003792
GRAINGER
MISC MAINT SUPPLIES: PARKS: PW
2,386.75
NEW LIFT: PARKING GARAGE
1,409.32
SMALL TOOLS: PARKS: PW
900.20
MISC MAINT SUPPLIES: PARKS: PW
736.02
5,432.29
208295
3/3/2022
000186
HANKS HARDWARE INC
MISC EQUIP/SUPPLIES: SPORTS:
1,058.65
1,058.65
TCSD
208296
3/3/2022
001135
HEALTHPOINTE MEDICAL
MEDICAL SCREENINGS: HR
65.00
65.00
GROUP INC, DBA: FIRST CARE
INDUSTRIA
208297
3/3/2022
003198
HOME DEPOT
MISC SUPPLIES: TVM/ACE: TCSD
197.97
197.97
208298
3/3/2022
021896
JP HANDMADE CORP, DBA
OFC SUPPLIES: ENVELOPES: HR
145.94
145.94
MINUTEMAN PRESS
208299
3/3/2022
001091
KEYSER MARSTON
ON CALL CONSULTANT SVCS: VINE
6,234.38
6,234.38
ASSOCIATES INC
CREEK
208300
3/3/2022
004905
LIEBERT, CASSIDYAND
JAN HR LEGAL SVCS FOR TE060-00001
1,985.30
1,985.30
WHITMORE
208301
3/3/2022
002634
LITELINES INC
OLD TOWN LIGHTING UPGRADE: PW
5,143.88
5,143.88
208302
3/3/2022
017427
MATCHETT, VIVIAN
TCSD INSTRUCTOR EARNINGS
436.80
436.80
208303
3/3/2022
003076
MET LIFE INSURANCE
DENTAL PAYMENT
12,372.14
12,372.14
COMPANY
208304
3/3/2022
021714
MIYAMOTO, SUSAN
PAGE TURNING SVCS: THEATER:
75.00
75.00
TCSD
208305
3/3/2022
001214
MORNINGSTAR PRODUCTIONS
OLD TOWN XMAS TREE PLATFORM:
2,245.07
2,245.07
LLC
TCSD
208306
3/3/2022
021263
NCL INC,
FY21-22: COMMUNITY SERVICE
3,500.00
3,500.00
MURRIETA-TEMECULA
FUNDING
CHAPTER
Page:4
apChkLst Final Check List Page: 5
03/03/2022 2:43:59PM CITY OF TEMECULA
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
208307
3/3/2022
018716
NCL INC, TEMECULA VALLEY
FY21-22 COMMUNITY SERVICE
CHAPTER
FUNDING
208308
3/3/2022
003964
OFFICE DEPOT BUSINESS SVS
MISC OFFICE SUPPLIES: FINANCE
DIV
MISC OFFICE SUPPLIES: FINANCE
MISC OFFICE SUPPLIES: FINANCE
MISC OFFICE SUPPLIES: FINANCE
208309
3/3/2022
021152
EMPLOYEE #00596
REIMB: AOAP CONF 2/6-2/10
208310
3/3/2022
005820
PRE -PAID LEGAL SERVICES
PREPAID LEGAL SERVICES PAYMENT
INC, DBA LEGALSHIELD
208311
3/3/2022
005075
PRUDENTIAL OVERALL
2/15 UNIFORM RENTAL: PARKS: PW
SUPPLY
208312
3/3/2022
000411
RIVERSIDE CO FLOOD
ENCROACHMENT PERMIT: PW19-11:
CONTROL AND, WATER
CIP: PW
CONSERVATION DIST
DIAZ RD EXPANSION: PW17-25: CIP
ADD'L DEPOSIT: S. GERTRUDIS CRK
1/11 CHANGES: S GERTRUDIS CRK
208313
3/3/2022
004822
RIVERSIDE TRANSIT AGENCY
JAN ROUTE 55 TROLLEY SVCS
208314
3/3/2022
001365
RIVERSIDE, COUNTY OF,
OCT-DEC'21 VECTOR CNTRL SVC:
ENVIRONMENTAL HEALTH
CODE ENF
DEPT
208315
3/3/2022
017446
ROSE AGAIN FOUNDATION
FY21-22 COMMUNITY SERVICE
FUNDING
208316
3/3/2022
022843
SAFETY CENTER
SAFETY TRAINING: FORKLIFT
INCORPORATED
OPERATOR: RISK
SAFETY TRAINING: FORKLIFT OPERATO
208317
3/3/2022
017699
SARNOWSKI SHAWNA M
PHOTOGRAPHY SVCS: EOC
PRESTON
PHOTOGRAPHY SVCS: BENIN MUSEUM
PHOTOGRAPHY SVCS: TVM: TCSD
PHOTOGRAPHY SVCS: MPSC: TCSD
208318
3/3/2022
014818
SKYFIT TECH, INC.
JAN/FEB EQUIP MAINT: RISK MGMT
208319
3/3/2022
022850
EMPLOYEE #00478
REIMB: LODGING/MILES CSMFO CONF
208320
3/3/2022
020545
SOCIAL WORK ACTION GROUP
JAN HOMELESSOUTREACH
SVCS:TCSD
Amount Paid Check Total
2,500.00 2,500.00
57.17
28.68
16.49
14.74 117.08
360.85 360.85
259.15 259.15
60.06 60.06
2,000.00
2,000.00
1,000.00
349.14 5,349.14
1,736.22 1,736.22
5,966.21 5,966.21
5,000.00 5,000.00
1,800.00
1,800.00 3,600.00
300.00
170.00
170.00
170.00 810.00
195.00 195.00
699.41 699.41
30,637.00 30,637.00
Page:5
apChkLst
03/03/2022
2:43:59PM
Final Check List
CITY OF TEMECULA
Page: 6
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
208321
3/3/2022
000519
SOUTH COUNTY PEST
PEST CTRL SVCS: TEM CRK TRAIL PK:
94.00
CONTROL INC
PW
PEST CONTROL SVCS: STA 95
80.00
PEST CONTROL SVCS: BIRDSALL PARK
70.00
PEST CONTROL SVCS: SPLASH PAD: PA
49.00
293.00
208322
3/3/2022
000293
STADIUM PIZZA INC
REFRESHMENTS: AQUATICS: TCSD
103.00
103.00
208324
3/3/2022
007762
STANDARD INSURANCE
BASIC LIFE INSURANCE PAYMENT
9,610.32
9,610.32
COMPANY
208325
3/3/2022
012723
STANDARD INSURANCE
VOLUNTARY SUPP LIFE INSURANCE
1,323.31
1,323.31
COMPANY
PAYMENT
208326
3/3/2022
008337
STAPLES BUSINESS CREDIT
MISC OFFICE SUPPLIES: MALL
155.65
STOREFRONT
MISC OFFICE SUPPLIES: MALL STOREFf
115.75
MISC SUPPLIES: LIBRARY: TCSD
111.88
MISC OFFICE SUPPLIES: OLD TOWN ST(
76.10
MISC SUPPLIES: RHRTPL: TCSD
68.38
MISC OFFICE SUPPLIES: THEATER
49.31
MISC OFC SUPPLIES: TVM/ACE: TCSD
35.50
MISC OFC SUPPLIES: TVM/ACE: TCSD
27.17
OFFICE SUPPLIES: THEATER: TCSD
8.12
CREDIT MEMO: DUPLICATE PAYMENT
-130.49
517.37
208327
3/3/2022
008373
SUNBELT RENTALS INC
TOWER/POWER RENTALS: SPEC
1,395.23
EVENTS:TCSD
TOWER/POWER RENTALS: SPEC EVENT
537.23
1,932.46
208328
3/3/2022
003599
T Y LIN INTERNATIONAL
11/27-1/28 CONSULT: FV PKWY/I-15 PH
11
16,823.26
16,823.26
208329
3/3/2022
021361
TELECOM LAW FIRM PC
LEGAL SRVCS:PLANNING
85.80
85.80
208330
3/3/2022
005970
TEMECULA VALLEY
STTLMNT: CLUE ON STAGE
28,922.76
28,922.76
PLAYHOUSE, DBATEMECULA
VLY PLAYERS
208331
3/3/2022
011694
TEMECULA VALLEY VFW POST
FY21-22 COMMUNITY SVCS FUNDING
5,000.00
5,000.00
4089
208332
3/3/2022
007824
THESSALONIKA FAMILY
FY21/22: COMMUNITY SRVC FUNDING
5,000.00
5,000.00
SERVICES
208333
3/3/2022
020911
T-MOBILE USA, INC.
GPS LOCATE SVCS: 2/11: PD
30.00
30.00
208334
3/3/2022
017565
TRAFFIC MANAGEMENT INC.
MESSAGE BOARD RENTALS: SPECIAL
7,432.00
7,432.00
EVENTS
Page6
apChkLst Final Check List
03/03/2022 2:43:59PM CITY OF TEMECULA
Bank:
union UNION BANK
Check #
Date
Vendor
208335
3/3/2022
021242 TWOS COMPANY INC
208336
3/3/2022
011659 ULINE INC
208337
3/3/2022
007987 WALMART
208338 3/3/2022 020670 WEBB MUNICIPAL FINANCE
LLC
208339 3/3/2022 005118 EMPLOYEE #00327
(Continued)
Description
Page: 7
Amount Paid Check Total
MERCHANDISE: GIFT SHOP: TVM:
71.91
TCSD
MERCHANDISE: GIFT SHOP: TVM: TCSD
56.40
OFFICE CHAIR: SOMMERS BEND SP:
372.82
TCSD
MISC SUPPLIES: CRC: TCSD
217.93
MISC SUPPLIES: CLASSES: TCSD
105.09
THEATER HOSPITALITY & MISC SUPPLIE
11.40
POST PROPOSITION 218 BALLOT
2,399.88
PROCEEDINGS
REIMB: AOAP CONF 2/4-2/10 1,455.97
Grand total for UNION BANK:
128.31
372.82
334.42
2,399.88
1,455.97
891.044.31
Page:?
apChkLst Final Check List Page: 8
03/03/2022 2:43:59PM CITY OF TEMECULA
82 checks in this report.
Grand Total All Checks: 891,044.31
Page:8
Item No. 4
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Jennifer Hennessy, Director of Finance
DATE: March 22, 2022
SUBJECT: Approve City Treasurer's Report as of September 30, 2021
PREPARED BY: Jordan Snider, Senior Accountant
RECOMMENDATION: That the City Council approve and file the City Treasurer's Report
as of September 30, 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 September 30, 2021.
FISCAL IMPACT: None
ATTACHMENTS: City Treasurer's Report as of September 30, 2021
City of Temecula
Portfolio Managment Treasury Report 41000 Main Street
AW Portfolio Management Temecula, CA 92590
(951)694-6430
Portfolio Summary
September 30, 2021
Par Market Book % of Days to YTM YTM
Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv.
Managed Pool Accounts 36,200,145.27 36,200,145.27 36,200,145.27 20.82 1 1 0.024 0.025
Retention Escrow Account 724,332.69 724,332.69 724,332.69 0.42 1 1 0.069 0.070
Letter of Credit 2.00 2.00 2.00 0.00 1 1 0.000 0.000
Trust Accounts 16, 933,167.61 16, 933,167.61 16, 933,167.61 9.74 1 1 15.801 16.020
Local Agency Investment Funds 100,008,250.21 99,995,615.27 100,008,250.21 57.52 1 1 0.334 0.339
Federal Agency Callable Securities 15,000,000.00 14,969,440.00 15,000,000.00 8.63 1,577 1,338 0.770 0.780
Federal Agency Bullet Securities 5,000,000.00 5,043,860.00 5,000,000.00 2.88 1,132 349 1.897 1.923
173,865,897.78 173,866,562.84 173,865,897.78 100.00% 169 126 1.857 1.883
Investments
Cash
Passbook/Checking 6,838,724.02 6,838,724.02 6,838,724.02 1 1 0.000 0.000
(not included in yield calculations)
Total Cash and Investments 180,704,621.80 180,705,286.86 180,704,621.80 169 126 1.857 1.883
Total Earnings September 30 Month Ending Fiscal Year To Date
Current Year 293,345.98 1,045,541.15
Average Daily Balance 184,150,009.51 181,097,848.48
Effective Rate of Return 1.94% 2.29%
Reporting period 09/01/2021-09/30/2021 Portfolio TEME
Data Updated: SET_MTH: 03/07/2022 12:15 NL! CP
Run Date: 03/07/2022 - 12:15 PM (PRF_PM1) 7.3.0
Report Ver. 7.3.6.1
Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Investments
September 30, 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
5,667.09
5,667.09
5,667.09
0.020
0.020
0.020
1
233358006-6
01-2 REF RES
First Amer Govt Oblig Fund Cl
503,164.65
503,164.65
503,164.65
0.020
0.020
0.020
1
233358000-6
01-2 REF ST
First Amer Govt Oblig Fund Cl
120,044.89
120,044.89
120,044.89
0.020
0.020
0.020
1
276213009-6
03-02 COI
First Amer Govt Oblig Fund Cl
07/01/2021
0.00
0.00
0.00
0.000
0.000
1
276213008-6
03-02 IMPR
First Amer Govt Oblig Fund Cl
517.27
517.27
517.27
0.020
0.020
0.020
1
276213006-6
03-02 RES
First Amer Govt Oblig Fund Cl
740,968.86
740,968.86
740,968.86
0.020
0.020
0.020
1
164741002-6
03-03 BOND F
First Amer Govt Oblig Fund Cl
122,481.40
122,481.40
122,481.40
0.020
0.020
0.020
1
164741008-6
03-03IMP
First Amer Govt Oblig Fund Cl
194,116.86
194,116.86
194,116.86
0.020
0.020
0.020
1
164741006-6
03-03RES
First Amer Govt Oblig Fund Cl
07/01/2021
296.87
296.87
296.87
0.000
0.000
1
164741000-6
03-03SPEC
First Amer Govt Oblig Fund Cl
213,529.51
213,529.51
213,529.51
0.020
0.020
0.020
1
164742002-6
03-06 BOND F
First Amer Govt Oblig Fund Cl
25,651.03
25,651.03
25,651.03
0.020
0.020
0.020
1
164742000-6
03-06SPEC
First Amer Govt Oblig Fund Cl
18,067.75
18,067.75
18,067.75
0.020
0.020
0.020
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
2,587.26
2,587.26
2,587.26
0.020
0.020
0.020
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
17,218.90
17,218.90
17,218.90
0.020
0.020
0.020
1
229462000-6
03-1SPECF
First Amer Govt Oblig Fund Cl
121,636.36
121,636.36
121,636.36
0.020
0.020
0.020
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
07/01/2021
0.00
0.00
0.00
0.000
0.000
1
94669917-6
03-1 RES
First Amer Govt Oblig Fund Cl
07/01/2021
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
227.04
227.04
227.04
0.020
0.020
0.020
1
276213000-6
03-2 SPEC
First Amer Govt Oblig Fund Cl
91,511.95
91,511.95
91,511.95
0.020
0.020
0.020
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
034PREP11
First Amer Govt Oblig Fund Cl
0.00
0.00
0.00
0.070
0.069
0.070
1
94686000-6
034RED11
First Amer Govt Oblig Fund Cl
0.00
0.00
0.00
0.050
0.049
0.050
1
94686006-6
034RES11
First Amer Govt Oblig Fund Cl
0.00
0.00
0.00
0.060
0.059
0.060
1
276213022-6
16-01 BOND F
First Amer Govt Oblig Fund Cl
07/01/2021
965.87
965.87
965.87
0.020
0.020
0.020
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
07/01/2021
0.00
0.00
0.00
0.000
0.000
1
276213028-6
16-01 IMP
First Amer Govt Oblig Fund Cl
6,723,662.43
6,723,662.43
6,723,662.43
0.020
0.020
0.020
1
276213026-6
16-01 RESERV
First Amer Govt Oblig Fund Cl
3,153,097.36
3,153,097.36
3,153,097.36
0.020
0.020
0.020
1
276213020-6
16-01 SPECF
First Amer Govt Oblig Fund Cl
311,625.84
311,625.84
311,625.84
0.020
0.020
0.020
1
218848001-6
2017A&B INT
First Amer Govt Oblig Fund Cl
10.77
10.77
10.77
0.000
0.000
1
218848008-6
2017ABPRIORP
First Amer Govt Oblig Fund Cl
17,958.30
17,958.30
17,958.30
0.020
0.020
0.020
1
218848013-2
2017B COI
First Amer Govt Oblig Fund Cl
0.00
0.00
0.00
0.000
0.000
1
218848000-6
2017B DS
First Amer Govt Oblig Fund Cl
75.62
75.62
75.62
0.030
0.030
0.030
1
Data Updated: SET _MTH: 03/07/2022 12:15
Run Date: 03/07/2022 - 12:15
Portfolio TEME
NLI CP
PM (PRF_PM2) 7.3.0
Report Ver. 7.3.6.1
Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Investments
September 30, 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
218848002-6
2017B PRIN
First Amer Govt Oblig Fund Cl
989.37
989.37
989.37
0.020
0.020
0.020
1
218848009-6
2017B_PROJ
First Amer Govt Oblig Fund Cl
13,122,594.83
13,122,594.83
13,122,594.83
0.020
0.020
0.020
1
233358009-6
233358009-6
First Amer Govt Oblig Fund Cl
07/01/2021
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
07/01/2021
0.00
0.00
0.00
0.000
0.000
1
136343006-6
RDA10RSRV
First Amer Govt Oblig Fund Cl
07/01/2021
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
07/01/2021
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
07/01/2021
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
07/01/2021
0.00
0.00
0.00
0.000
0.000
1
94669906-5
03-01 RESA11
Federated Tax Free Obligations
0.00
0.00
0.00
0.001
0.001
0.001
1
94669916-5
03-01 RESB11
Federated Tax Free Obligations
0.00
0.00
0.00
0.250
0.247
0.250
1
94669000-5
03-01SPTAX11
Federated Tax Free Obligations
0.00
0.00
0.00
0.250
0.247
0.250
1
164742006-5
03-06 RES
Federated Tax Free Obligations
07/01/2021
0.00
0.00
0.00
0.000
0.000
1
164742000-5
03-06 SPEC
Federated Tax Free Obligations
0.00
0.00
0.00
0.250
0.247
0.250
1
94669902-5
03-1 bond fd
Federated Tax Free Obligations
07/01/2021
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
07/01/2021
0.00
0.00
0.00
0.000
0.000
1
Data Updated: SET _MTH: 03/07/2022 12:15
Run Date: 03/07/2022 - 12:15
Portfolio TEME
NLI CP
PM (PRF_PM2) 7.3.0
Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Investments
September 30, 2021
Page 3
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
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
0.339
0.334
0.339
1
276213008-1
03-02 IMP
CA Local Agency Investment Fun
8,150,670.08
8,150,670.08
8,150,670.08
0.020
0.020
0.020
1
164742006-1
03-06 RES-1
CA Local Agency Investment Fun
306,756.26
306,756.26
306,756.26
0.020
0.020
0.020
1
229462007-1
03-1 2012 RE
CA Local Agency Investment Fun
815,524.94
815,524.94
815,524.94
0.221
0.218
0.221
1
94669911-1
03-1 ACQ A2
CA Local Agency Investment Fun
0.00
0.00
0.00
0.339
0.334
0.339
1
94669921-1
03-1 ACQ B2
CA Local Agency Investment Fun
0.00
0.00
0.00
0.339
0.334
0.339
1
744727011-1
03-3 ACQ 2
CA Local Agency Investment Fun
0.00
0.00
0.00
0.339
0.334
0.339
1
164741006-1
0303-1 RES
CA Local Agency Investment Fun
1,418,000.00
1,418,000.00
1,418,000.00
0.020
0.020
0.020
1
107886028-1
RDA 07 PRO-1
CA Local Agency Investment Fun
0.00
0.00
0.00
0.339
0.334
0.339
1
107886026-1
RDA 07 RES-1
CA Local Agency Investment Fun
0.00
0.00
0.00
0.339
0.334
0.339
1
136343018-1
RDA 10B CIP1
CA Local Agency Investment Fun
0.00
0.00
0.00
0.339
0.334
0.339
1
229462020-0
03-01 CASH
USBANK
525.91
525.91
525.91
0.000
0.000
1
164742006-0
03-06 Cash
USBANK 07/01/2021
0.00
0.00
0.00
0.000
0.000
1
233358050-1
01-2 SPECESC
U.S. Treasury
0.00
0.00
0.00
0.360
0.355
0.360
1
Subtotal and Average 36,200,135.67
36,200,145.27
36,200,145.27
36,200,145.27
0.024
0.025
1
Retention Escrow Account
NOBEL COMPANY
3354 Banner Bank
56,811.65
56,811.65
56,811.65
0.150
0.148
0.150
1
218848050-0
2002 ESCROW USBANK
07/01/2021
0.00
0.00
0.00
0.000
0.000
1
218848060-0
2006AESCRO USBANK
07/01/2021
0.00
0.00
0.00
0.000
0.000
1
218848070-0
2006BESCRO USBANK
07/01/2021
0.00
0.00
0.00
0.000
0.000
1
218848080-0
2007ESCROW USBANK
07/01/2021
0.00
0.00
0.00
0.000
0.000
1
229462020-2
03-01 ESCROW U.S. Treasury
667,521.04
667,521.04
667,521.04
0.063
0.062
0.063
1
Subtotal and Average 720,074.30
724,332.69
724,332.69
724,332.69
0.069
0.070
1
Letter of Credit
218848006-1
2017B RESER ASSURED GUARANTY MUNICIPAL COR
07/01/2021
1.00
1.00
1.00
0.000
0.000
1
233358006-1
01-2 REFRESI ASSURANCE CO BOND INSURANCE
07/01/2021
1.00
1.00
1.00
0.000
0.000
1
Subtotal and Average 2.00
2.00
2.00
2.00
0.000
0.000
1
Trust Accounts
6746058700
PARS Pension US Bank Trust
16,933,167.61
16,933,167.61
16,933,167.61
16.020
15.801
16.020
1
Subtotal and Average 17,395,962.54
16,933,167.61
16,933,167.61
16,933,167.61
15.801
16.020
1
Local Agency Investment Funds
SYSCITY
CITY CA Local Agency Investment Fun
50,135,926.44
50,129,592.32
50,135,926.44
0.339
0.334
0.339
1
SYSRDA
RDA CA Local Agency Investment Fun
1,891.02
1,890.78
1,891.02
0.339
0.334
0.339
1
Portfolio TEME
Data Updated: SET _MTH: 03/07/2022 12:15 NLI CP
Run Date: 03/07/2022 - 12:15
PM (PRF_PM2) 7.3.0
Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Investments
September 30, 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
Local Agency Investment Funds
SYSTCSD
TCSD
CA Local Agency Investment Fun
49,870,432.75
49,864,132.17
49,870,432.75
0.339
0.334
0.339
1
Subtotal and Average 105,808,250.21
100,008,250.21
99,995,615.27
100,008,250.21
0.334
0.339
1
Federal Agency
Callable Securities
3133EMQGO
01259
Federal Farm Credit Bank
02/10/2021
1,000,000.00
993,660.00
1,000,000.00
0.320
0.316
0.320
1,228 02/10/2025
3133EMK92
01265
Federal Farm Credit Bank
06/23/2021
1,000,000.00
998,110.00
1,000,000.00
0.580
0.572
0.580
1,361 06/23/2025
3133EMN57
01266
Federal Farm Credit Bank
06/28/2021
1,000,000.00
999,950.00
1,000,000.00
0.440
0.434
0.440
1,001 06/28/2024
3133EMP22
01267
Federal Farm Credit Bank
06/30/2021
1,000,000.00
998,960.00
1,000,000.00
0.910
0.898
0.910
1,733 06/30/2026
313OAKQ41
01258
Federal Home Loan Bank
01/28/2021
1,000,000.00
991,460.00
1,000,000.00
0.520
0.513
0.520
1,580 01/28/2026
3130ALEU4
01260
Federal Home Loan Bank
02/25/2021
1,000,000.00
995,780.00
1,000,000.00
0.350
0.345
0.350
1,151 11/25/2024
3130ALWV2
01261
Federal Home Loan Bank
04/21/2021
1,000,000.00
1,001,520.00
1,000,000.00
0.550
1.011
1.025
1,663 04/21/2026
3130AM2V3
01262
Federal Home Loan Bank
04/29/2021
1,000,000.00
1,000,890.00
1,000,000.00
0.700
0.690
0.700
1,306 04/29/2025
3130AMNMO
01263
Federal Home Loan Bank
05/27/2021
1,000,000.00
998,800.00
1,000,000.00
0.500
0.493
0.500
1,699 05/27/2026
3130AMM90
01264
Federal Home Loan Bank
06/10/2021
1,000,000.00
998,890.00
1,000,000.00
0.500
1.973
2.000
1,713 06/10/2026
3130AN4N7
01268
Federal Home Loan Bank
07/14/2021
1,000,000.00
1,001,810.00
1,000,000.00
0.720
0.710
0.720
1,382 07/14/2025
3130ANAZ3
01269
Federal Home Loan Bank
07/28/2021
1,000,000.00
996,820.00
1,000,000.00
0.600
0.592
0.600
1,305 04/28/2025
3130AP3M5
01270
Federal Home Loan Bank
09/28/2021
1,000,000.00
997,150.00
1,000,000.00
0.550
0.542
0.550
1,274 03/28/2025
3134GBGZ9
01232
Federal Home Loan Mtg Corp
04/27/2017
1,000,000.00
1,005,920.00
1,000,000.00
2.000
1.964
1.991
118 01/27/2022
3134GXJL9
01257
Federal Home Loan Mtg Corp
12/30/2020
1,000,000.00
989,720.00
1,000,000.00
0.500
0.493
0.500
1,551 12/30/2025
Subtotal and Average 14,100,000.00
15,000,000.00
14,969,440.00
15,000,000.00
0.770
0.780
1,338
Federal Agency
Bullet Securities
3133EJT74
01249
Federal Farm Credit Bank
11/15/2018
1,000,000.00
1,003,620.00
1,000,000.00
3.050
3.008
3.050
45 11/15/2021
3133ELMA9
01254
Federal Farm Credit Bank
02/07/2020
1,000,000.00
1,020,760.00
1,000,000.00
1.420
1.401
1.420
675 08/07/2023
3133ELTU8
01256
Federal Farm Credit Bank
03/18/2020
1,000,000.00
1,011,590.00
1,000,000.00
0.920
0.907
0.920
899 03/18/2024
3130AHF81
01251
Federal Home Loan Bank
10/25/2019
1,000,000.00
1,000,980.00
1,000,000.00
1.600
1.578
1.600
24 10/25/2021
3135GOU92
01250
Federal National Mtg Assn
01/11/2019
1,000,000.00
1,006,910.00
1,000,000.00
2.625
2.589
2.625
102 01/11/2022
Subtotal
and Average 5,000,000.00
5,000,000.00
5,043,860.00
5,000,000.00
1.897
1.923
349
Total and Average 184,150,009.51
173,865,897.78
173,866,562.84
173,865,897.78
1.857
1.883
126
Data Updated: SET _MTH: 03/07/2022 12:15
Run Date: 03/07/2022 - 12:15
Portfolio TEME
NLI CP
PM (PRF_PM2) 7.3.0
Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Cash
September 30, 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
07/01/2021
4,845.07
4,845.07
4,845.07
0.000
0.000
1
SYSPetty Cash
Petty Cash
City of Temecula
07/01/2021
3,911.00
3,911.00
3,911.00
0.000
0.000
1
SYSGen Ck Acct
Gen Ck Acct
Union Bank of California
6,822,735.38
6,822,735.38
6,822,735.38
0.000
0.000
1
SYSParking Ck
PARKING CITA
Union Bank of California
07/01/2021
7,232.57
7,232.57
7,232.57
0.000
0.000
1
Average Balance 0.00
1
Total Cash and Investments
Data Updated: SET _MTH: 03/07/2022 12:15
Run Date: 03/07/2022 - 12:15
184,150, 009.51
180, 704, 621.80 180, 705,286.86 180, 704,621.80 1.857 1.883 126
Portfolio TEME
NL! CP
PM (PRF_PM2) 7.3.0
Cash and Investments Report
CITY OF TEMECULA
Through September 2021
Fund # Fund Name Beginning Balance Receipts Disbursements Fund Total
001
GENERAL FUND
$ 43,938,543.63
$ 12,117,070.17
$ 12,290,958.82
$ 43,764,654.98
002
MEASURE S FUND
25,208,558.03
2,846,556.47
6,008,299.07
22,046,815.43
100
STATE GAS TAX FUND
626,150.06
249,119.76
-
875,269.82
102
RMRA-ROAD MAINTENANCE REHABILITATION ACT
1,760,206.18
192,383.33
329.54
1,952,259.97
103
STREETS MAINTENANCE FUND
3,460,637.77
500,844.26
668.78
3,960,813.25
106
UPTOWN TEMECULA NEW STREETS IN LIEU FEES
895,078.66
307.04
151.14
895,234.56
108
ARPA
7,039,753.50
-
-
7,039,753.50
120
DEVELOPMENT IMPACT FUND
3,658,017.90
97,245.11
633.90
3,754,629.11
125
PEG PUBLIC EDUCATION & GOVERNMENT
621,459.68
177.33
104.94
621,532.07
145
TEMECULA ENERGY EFFICIENCY ASSET TEAM
839,395.30
288.02
141.74
839,541.58
150
AB 2766 FUND
171,918.70
39.83
29.03
171,929.50
160
SUPPLEMENTAL LAW ENFORCEMENT SERVICES
86,641.66
11.17
-
86,652.83
161
TEMECULA MAJOR CRIMES REWARD FUND
27,190.62
9.33
4.59
27,195.36
165
AFFORDABLE HOUSING
2,069,802.14
683.84
47,265.08
2,023,220.90
170
MEASURE A FUND
9,430,586.79
2,836.57
9,050.99
9,424,372.37
190
TEMECULA COMMUNITY SERVICES DISTRICT
852,601.38
2,749,618.93
2,124,341.35
1,477,878.96
192
TCSD SERVICE LEVEL "B" STREET LIGHTS
738,140.05
219.10
23,461.24
714,897.91
194
TCSD SERVICE LEVEL "D" REFUSE/RECYCLING
181,647.66
584.44
8,810.14
173,421.96
195
TCSD SERVICE LEVEL "R" STREET/ROAD MAINT
30,628.41
10.04
3,288.62
27,349.83
196
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
435,220.17
830.48
37,867.24
398,183.41
197
TEMECULA LIBRARY FUND
503,995.76
239,409.20
144,646.37
598,758.59
198
PUBLIC ART
93,091.01
1,366.14
15.94
94,441.21
210
CAPITAL IMPROVEMENT PROJECT FUND
14,402,104.62
2,567,396.12
6,043,935.01
10,925,565.73
275
CFD 03-3 WOLF CREEK IMPROVEMENT FUND
211,396.39
6.27
2.92
211,399.74
277
CFD-RORIPAUGH
8,295,277.00
49.44
24.33
8,295,302.11
278
CFD-RORIPAUGH II
6,723,548.17
114.26
-
6,723,662.43
300
INSURANCE FUND
421,622.74
862,553.61
78,207.91
1,205,968.44
305
WORKER'S COMPENSATION
1,906,968.96
711.24
19,135.99
1,888,544.21
310
VEHICLES AND EQUIPMENT FUND
2,024,695.93
211,137.63
377.42
2,235,456.14
320
INFORMATION TECHNOLOGY
938,689.56
1,105,577.42
384,119.90
1,660,147.08
325
TECHNOLOGY REPLACEMENT FUND
1,615,152.54
171,480.09
42,442.17
1,744,190.46
330
CENTRAL SERVICES
(1,424.30)
67,661.95
40,880.80
25,356.85
335
CENTRAL SERVICES
317,975.77
9,680.33
55.31
327,600.79
340
FACILITIES
520,632.37
358,217.64
160,177.93
718,672.08
350
FACILITY REPLACEMENT FUND
(11,448.57)
139,762.09
21.67
128,291.85
380
SARDA DEBT SERVICE FUND
13,141,407.56
223.33
-
13,141,630.89
381
REDEVELOPMEN PROPERTY TAX TRUST
2,732,358.33
203.67
461.38
2,732,100.62
460
CFD 88-12 DEBT SERVICE FUND
95,360.74
32.71
16.10
95,377.35
472
CFD 01-2 HARVESTON A&B DEBT SERVICE
1,411,051.42
82.00
749,395.95
661,737.47
473
CFD 03-1 CROWNE HILL DEBT SERVICE FUND
2,325,081.26
63.74
667,579.28
1,657,565.72
474
AD 03-4 JOHN WARNER ROAD DEBT SERVICE
4,994.26
1.72
0.84
4,995.14
475
CFD 03-3 WOLF CREEK DEBT SERVICE FUND
3,262,181.43
146.03
1,454,761.09
1,807,566.37
476
CFD 03-6 HARVESTON 2 DEBT SERVICE FUND
628,005.96
32.52
238,828.21
389,210.27
477
CFD 03-02 RORIPAUGH DEBT SERVICE FUND
1,419,163.42
70.37
558,941.38
860,292.41
478
CFD-RORIPAUGH II
5,401,797.62
259.40
1,908,819.67
3,493,237.35
501
SERVICE LEVEL"C"ZONE 1 SADDLEWOOD
11,381.81
4.49
2,916.18
8,470.12
502
SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK
109,462.60
38.19
2,187.67
107,313.12
503
SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS
43,180.49
16.69
3,054.33
40,142.85
504
SERVICE LEVEL"C"ZONE 4 THE VINEYARDS
4,222.14
1.43
381.90
3,841.67
505
SERVICE LEVEL"C"ZONE 5 SIGNET SERIES
28,026.14
10.37
3,021.88
25,014.63
506
SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY
35,615.67
12.96
1,243.86
34,384.77
507
SERVICE LEVEL"C"ZONE 7 RIDGEVIEW
8,889.19
3.04
1,109.44
7,782.79
508
SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE
98,762.96
38.46
7,598.00
91,203.42
509
SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA
30,855.13
10.53
190.21
30,675.45
510
SERVICE LEVEL"C"ZONE 10 MARTINIQUE
13,081.54
4.73
595.69
12,490.58
511
SERVICE LEVEL"C"ZONE 11 MEADOWVIEW
3,759.22
1.23
146.84
3,613.61
512
SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS
109,561.68
37.96
4,574.80
105,024.84
513
SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP
28,330.35
10.24
2,856.96
25,483.63
514
SERVICE LEVEL"C"ZONE 14 MORRISON HOMES
11,210.89
4.02
1,107.42
10,107.49
515
SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES
11,451.78
3.88
547.82
10,907.84
516
SERVICE LEVEL"C"ZONE 16 TRADEWINDS
64,823.27
22.02
1,101.11
63,744.18
517
SERVICE LEVEL"C"ZONE 17 MONTE VISTA
2,142.03
0.70
145.70
1,997.03
518
SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS
56,165.66
19.36
5,975.72
50,209.30
519
SERVICE LEVEL"C"ZONE 19 CHANTEMAR
83,164.04
28.78
4,639.27
78,553.55
520
SERVICE LEVEL"C"ZONE 20 CROWNE HILL
220,441.47
81.46
7,607.61
212,915.32
521
SERVICE LEVEL"C"ZONE 21 VAIL RANCH
179,025.41
72.97
17,601.51
161,496.87
522
SERVICE LEVEL"C"ZONE 22 SUTTON PLACE
10,442.09
3.49
344.52
10,101.06
523
SERVICE LEVEL"C"ZONE 23 PHEASENT RUN
23,243.69
7.66
385.59
22,865.76
524
SERVICE LEVEL"C"ZONE 24 HARVESTON
43,743.06
21.22
12,407.83
31,356.45
525
SERVICE LEVEL"C"ZONE 25 SERENA HILLS
67,060.07
22.56
3,019.35
64,063.28
526
SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION
1,778.95
0.58
81.11
1,698.42
527
SERVICE LEVEL"C"ZONE 27 AVONDALE
8,445.80
3.08
818.18
7,630.70
528
SERVICE LEVEL"C"ZONE 28 WOLF CREEK
633,034.65
230.61
28,076.34
605,188.92
529
SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT
4,993.32
1.56
120.97
4,873.91
530
SERVICE LEVEL"C"ZONE 30 FUTURE ZONES
36,282.77
12.45
6.13
36,289.09
701
PENSION RATE STABILIZATION FUND
$ 17,411,920.99
-
478,753.38
$ 16,933,167.61
Grand Total:
$ 189,850,357.10
$ 24,495,800.86
$ 33,640,871.10
$ 180,705,286.86
Journal Entries completed after August'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: March 22, 2022
SUBJECT: Adopt Ordinance 2022-04 Adjusting the Boundaries of Council Districts Based on
the 2020 Decennial Census and Amending Municipal Code Section 2.08.015
(Second Reading)
PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk
RECOMMENDATION: That the City Council adopt an ordinance entitled:
ORDINANCE NO. 2022-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADJUSTING THE BOUNDARIES OF THE FIVE
CITY COUNCIL DISTRICTS AND ADOPTING A NEW
OFFICIAL COUNCIL DISTRICT MAP FOR THE CITY OF
TEMECULA BASED ON THE RESULTS OF THE 2020
DECENNIAL CENSUS AND AMENDING SECTION 2.08.015
BACKGROUND: The City of Temecula is a general law city formed under the laws of
the State of California. With respect to adoption of ordinances and resolutions, the City adheres to
the requirements set forth in the Government Code. With the exception of urgency ordinances,
Government Code Section 36934 requires two readings of standard ordinances more than five days
apart. Ordinances must be read in full at the time of introduction or passage unless a motion
waiving the reading is adopted by a majority of the City Council present.
Ordinance No. 2022-04 was first introduced at the regularly scheduled meeting of March 8, 2022.
FISCAL IMPACT:
None
ATTACHMENTS: Ordinance and Exhibits
ORDINANCE NO.2022-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ADJUSTING THE BOUNDARIES OF THE
FIVE CITY COUNCIL DISTRICTS AND ADOPTING A NEW
OFFICIAL COUNCIL DISTRICT MAP FOR THE CITY OF
TEMECULA BASED ON THE RESULTS OF THE 2020
DECENNIAL CENSUS AND AMENDING SECTION 2.08.015
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Findings. The City Council of the City of Temecula does find determine
and declare as follows:
(a) On July 25, 2017 the City Council adopted Ordinance No. 2017-04 pursuant
to Government Code Sections 34871 to add Chapter 2.08 to the Temecula Municipal Code to
provide for the by -district election of members of the City Council, adopt the official Council
District Map for the City of Temecula, establish the boundaries and identification number of each
electoral district, and establish a sequencing of elections for each Council District.
(b) Pursuant to Elections Code Section 21601 and Section 2.08.028 of the
Temecula Municipal Code, the City Council is required to adjust the boundaries of any or all of
the Council Districts following each decennial federal census. Using the census as a basis, the
City Council must adjust the boundaries so that the Council Districts are as nearly equal in
population as practicable and in compliance with all applicable provisions of law, including the
United States and Federal Constitutions and the Federal Voting Rights Act of 1965 (52 U.S.C.
Section 10301 et seq.).
(c) In accordance with Elections Code Section 21607 and 21607.1, the City
Council held public hearings on the drawing of district boundaries on: August 24, 2021 (1st Pre -
Draft Public Hearing), September 28, 2021 (2nd Pre -Draft Public Hearing), January 25, 2022 (1st
Post -Draft Public Hearing), March 8, 2022 (2nd Post -Draft Public Hearing). At each of the
foregoing hearings, the public was invited to provide input on the composition of the new Council
district boundaries. Additionally, the City sought the input of the public at the City's Commission
meetings held on July 8, 2021, July 12, 2021, August 18, 2021 and August 26, 2021. Print and
social media was also used to conduct outreach to residents. The proposed maps of the district
boundaries were published on January 19, 2022 on the City's redistricting webpage at
temeculaca.gov/redistricting.
(d) After closing the public hearing held on March 8, 2022, the City Council
selected the map depicted in Exhibit "A" of this Ordinance as the official Council District Map for
the City of Temecula and introduced this Ordinance for first reading. Demographic data
supporting the map based on the 2020 Census is attached hereto as Exhibit `B" of this Ordinance
and incorporated herein by this reference.
Section 2. Adoption of New Council District Map. The map attached hereto as
Exhibit "A" to this Ordinance, and incorporated herein by this reference, is hereby approved and
adopted as the Official Council District Map for the City of Temecula and shall be used in the
2022 general municipal election and all such elections for City Council thereafter, until further
amended.
Section 3. Amendment of Section 2.08.015. Section 2.08.015 of Chapter 2.08 of the
Temecula Municipal Code is hereby amended to read as follows:
"2.08.015. - City Council districts established.
Five (5) City Council districts are hereby established in the city. The
boundaries and identifying number of each district shall be as
described on the official "Council District Map" on file in the Office
of the City Clerk as adopted by Ordinance No. 2022-04 and
Resolution No. 2022-25.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, or portion
of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent
jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and
effect. The City Council of the City of Temecula hereby declares that it would have adopted each
section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact
that any one or more sections, subsections, sentences, clauses, phrases, or portions of this
Ordinance be declared invalid or unenforceable.
Section 5. Certification. The City Clerk shall certify to the adoption of this Ordinance
and shall cause the same to be published in the manner prescribed by law. This Ordinance shall
be effective upon its adoption pursuant to Government Code Section 36937, Elections Code
Section 21600, et seq, and applicable law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 22"d day of March, 2022.
ATTEST:
Randi Johl, City Clerk
[SEAL]
Matt Rahn, Mayor
2
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing
Ordinance No. 2022-04 was duly introduced and placed upon its first reading at a meeting of the
City Council of the City of Temecula on the 8th day of March, 2022, and that thereafter, said
Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held
on the 22"d day of March, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
City of Temecula
2021 Redistricting
Exhibit A
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National Demographics Corporation January 10, 2022
Map layers
Draft B
Streets
Landmark Point
Landmark Area
Water Area
• Council
yeti Currents
Exhibit B - Dqgrapbic Data - City of Temecula
Category
Field
1
2
3
4
5
Total
Total Population
22,497
21,165
21,767
22,242
22,568
110,239
2020 Census
Population Deviation
449
-883
-281
194
520
1,403
Pct. Deviation
2.04%
-4.00%
-1.27%
0.88%
2.36%
6.36%
Hispanic/Latino
25%
31%
24%
26%
34%
28%
NH White
45%
46%
58%
56%
42%
49%
Total Pop.
NH Black
6%
5%
4%
5%
7%
5%
NH Asian/Pac.Isl.
20%
150/0
12%
110/0
15%
15"/0
NH Native Amer.
2%
1%
1 1%
1%
2%
1 2%
Total
14,389
13,786
15,415
15,430
15,196
74,217
Hisp
21%
27%
22%
22%
29%
24%
Citizen Voting Age Pop
Whi
te ite
55%
56%
63%
65%
49%
58%
NH Black
5%
6%
5%
5%
8%
6%
Asian/Pac.Isl.
17%
11%
91/0
8%
14%
12%
Native Amer.
2%
1%
1 0%
1%
1%
1 1%
Total
13,324
12,044
14,301
14,777
11,568
66,014
Latino est.
22%
24%
18%
19%
26%
21%
Voter Registration
Spanish -Surnamed
20%
22%
16%
17%
24%
20%
(Nov
2020)
Asian -Surnamed
4%
3%
3%
3%
2%
3%
Filipino -Surnamed
3%
2%
2%
2%
3%
2%
NH White est.
66%
67%
74%
75%
63%
70%
NH Black
5%
6%
6%
4%
8%
6%
Total
11,189
9,990
12,292
12,678
9,268
55,417
Latino est.
22%
22%
17%
17%
24%
20%
Voter Turnout (Nov
Spanish -Surnamed
20%
21%
16%
16%
22%
19%
2020)
Asian -Surnamed
4%
3%
3%
3%
2%
3%
Filipino -Surnamed
3%
2%
2%
2%
3%
2%
NH White est.
66%
67%
74%
75%
63%
70%
NH Black
5%
6%
6%
4%
8%
6%
Total
6,774
5,855
8,245
8,345
5,454
34,673
Latino est.
18%
20%
15%
14%
21%
17%
Spanish -Surnamed
17%
18%
14%
14%
19%
16%
Voter Turnout (Nov
2018)
Asian -Surnamed
3%
2%
2%
2%
2%
2%
Filipino -Surnamed
2%
2%
1%
1"/o
2%
2%
NH White est.
70%
70%
76%
78%
67%
73%
NH Black est.
5%
6%
6%
4%
8%
1 5%
age0-19
34%
32%
34%
25%
30%
31%
Age
age20-60
53%
55%
50%
53%
56%
53%
age60plus
13%
13%
16%
21%
14%
16%
Immigration
immigrants
18%
18%
12%
14%
18%
16%
naturalized
68%
64%
69%
69%
54%
64%
english
75%
73%
84%
80%
70%
76%
Language spoken at
Spanish
11%
17%
10%
12%
20%
14%
home
asian-lang
9%
7%
5%
4%
7%
7%
other lang
5%
2%
2%
4%
3%
3%
Language Fluency
Speaks Eng. "Less than
Very Well"
8%
9%
5 /0 o
0 /0
6
0 /0
9
0
7 /o
hs-grad
49%
50%
45%
47%
53%
49%
Education (among those
25+)
bachelor
24%
21%
25%
22%
18%
22%
age
graduatedegree
12%
11%
15%
14%
11%
13%
Child in Household
child-underl8
54%
46%
47%
36%
43%
45%
Pct of Pop. Age 16+
employed
65%
69%
65%
64%
68%
66%
income 0-25k
5%
10%
5%
10%
14%
90/0
income 25-50k
8%
15%
11%
12%
17%
13%
Household Income
income 50-75k
18%
16%
13%
16%
16%
16%
income 75-200k
53%
49%
56%
50%
44%
50%
income 200k-plus
16%
10%
16%
13%
9%
1 12%
single family
95%
77%
95%
94%
53%
82%
Housing Slats
multi -family
5%
23%
5%
6%
47%
18%
rented
24%
39%
21%
22%
62%
34%
owned
76%
61%
79%
1 78%
38%
66%
Total population data from California's adjusted 2020 Census data. Citizen Voting Age Population, Age, Immigration, and other demographics from the 2015-2019
American Community Survey and Special Tabulation 5-year data. Turnout and Registration data from California Statewide Database ("Latino" figures calculated by
NDC using Census Bureau's Latino undercount by surname estimate).
Item No. 6
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Erica Russo, Director of Community Services
DATE: March 22, 2022
SUBJECT: Approve the Sponsorship Agreement with Veteran Strong for Facility Use at the
Temecula Conference Center
PREPARED BY: Dawn Adamiak, Community Services Manager
RECOMMENDATION: That the City Council approve the Sponsorship Agreement with
Veteran Strong for in -kind City support valued at $8,500 for facility use at the Temecula
Conference Center.
BACKGROUND: The City of Temecula has a commitment to supporting military
veterans and their families through a variety of high quality programs, events, recognitions, and
services. This program represents a partnership between a local non-profit, Veteran Strong, which
seeks to provide job skills training to veterans transitioning from active duty status into civilian
careers. Veteran Strong founder, retired US Marine Corps Sergeant Major David Barragan, is a
certified Occupational Safety and Health instructor who has provided over 5,000 veterans with
transitional training. The Community Services Department Workforce and Education
Development Division wishes to partner with Veteran Strong to expand the scope of its workforce
development programming in support of Temecula's military community. Through this
agreement, Veteran Strong will provide a free OSHA 10 Course in the Temecula Conference
Center on April 9-10, 2022. Based on the response to this initial pilot program, it may be expanded
to create other opportunities for training. The agreement allows for monthly space in the
Conference Center for a total of 120 hours per year, as outlined in the agreement. In -kind City
staff support is valued at approximately $8,500 per year.
FISCAL IMPACT: The City support costs of $8,500 are included in the Fiscal Year
2021-22 Operating Budget and will be requested in the 2022-23 Operating Budget.
ATTACHMENTS: Sponsorship Agreement
SPONSORSHIP AGREEMENT BETWEEN
CITY OF TEMECULA AND VETERAN STRONG
THIS AGREEMENT is made and effective as of this 22111 day of March, 2022, by and
between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and
Veteran Strong, a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In
consideration of the mutual covenants, conditions and undertakings set forth herein, the parties
agree as follows:
1. RECITALS
This Agreement is made with respect to the following facts and purposes which each of
the parties acknowledge and agree are true and correct:
a. The Nonprofit shall hold workforce development meetings or classes
(hereinafter referred to as the "Event") in the Conference Center (room based on availability)
throughout the year as needed
b. Alcohol will not be served at any of the meetings/classes.
C. The City desires to be a Co -Sponsor providing in -kind support
including facilities and staff support as described in Exhibit B.
2. TERM
This Agreement shall commence on March 22, 2022, and shall remain and continue in
effect until tasks described herein are completed, but in no event later than June 30, 2023, unless
sooner terminated pursuant to the provisions of this Agreement.
The City may, upon mutual agreement, extend the contract for three (3) additional one (1)
year terms. In no event shall the contract be extended beyond June 30, 2026.
3. CONSIDERATION
a. In exchange for providing the Nonprofit with in -kind city -support services
valued at an amount not to exceed Eight Thousand Five Hundred Dollars and No Cents
($8,500.00) as listed in Exhibit B, the City of Temecula shall be designated as a Co -Sponsor of
the Event. As a Co -Sponsor the City shall receive sponsor benefits as listed in Exhibit A.
4. INDEMNIFICATION
The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula,
Temecula Community Services District, and/or the Successor Agency to the Temecula
Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives
from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or
damages of whatsoever kind and nature which the City of Temecula, Temecula Community
Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its
officers, agents and employees may sustain or incur or which may be imposed upon them for
injury to or death of persons, or damage to property arising out of the Nonprofit's negligent or
wrongful acts or omissions arising out of or in any way related to the performance or non-
performance of this Agreement.
08/09/2021
S. INSURANCE
The Nonprofit shall secure and maintain from a State of California admitted insurance
company, pay for and maintain in full force and effect for the duration of this Agreement an
insurance policy of comprehensive general liability against claims for injuries to persons or
damages to property, which may arise from or in connection with the performance of the work
hereunder by March 22, 2022, its agents, representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No.
CG 00 01 11 85 or 88.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1) General Liability: One million ($1,000,000) per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured
retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000).
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District,
the Successor Agency to the Temecula Redevelopment Agency, their officers, officials,
employees and volunteers are to be covered as insured's, as respects: liability arising out of
activities performed by or on behalf of the NonProfit; products and completed operations of the
Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased,
hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope
of protection afforded to the City of Temecula, the Temecula Community Services District, the
Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees
or volunteers.
2) For any claims related to this project, the Nonprofit's insurance
coverage shall be primary insurance as respects the City of Temecula, the Temecula Community
Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers,
officials, employees and volunteers. Any insurance or self -insured maintained by the City of
Temecula, Temecula Community Services District, and/or the SuccessorAgency to the Temecula
Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the
Consultant's insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the City, the
Temecula Community Services District, the Successor Agency to the Temecula Redevelopment
Agency, their officers, officials, employees or volunteers.
4) The Nonprofit's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
08/09/2021
5) Each insurance policy required by this agreement shall be endorsed
to state: should the policy be canceled before the expiration date the issuing insurer will endeavor
to mail thirty (30) days prior written notice to the City.
6) If insurance coverage is canceled or, reduced in coverage or in
limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or
notify the City via certified mail, return receipt requested of the changes to or cancellation of the
policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of A -:VI I or better, unless otherwise acceptable to the City. Self insurance
shall not be considered to comply with these insurance requirements.
f. Verification of Coverage. Nonproft shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the City. All endorsements are to be received and approved by the City
before work commences. As an alternative to the City's forms, the Nonprofit's insurer may provide
complete, certified copies of all required insurance policies, including endorsements affecting the
coverage required by these specifications.
6. GOVERNING LAW
The City and the Nonprofit understand and agree that the laws of the State of California
shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also
govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take
place in the municipal, superior, or federal district court with geographic jurisdiction over the City
of Temecula. In the event such litigation is filed by one party against the other to enforce its rights
under this Agreement, the prevailing party, as determined by the Court's judgment, shall be
entitled to reasonable attorney fees and litigation expenses for the relief granted.
7. LEGAL RESPONSIBILITIES
The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws
and regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe
and comply with all such ordinances, laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply
with this section.
8. ASSIGNMENT
The Nonprofit shall not assign the performance of this Agreement, nor any part thereof,
nor any monies due hereunder, without prior written consent of the City.
9. 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:
08/09/2021
Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Recipient: Veteran Strong
Attn: David Barragan
41707 Winchester Road
Suite 304
Temecula, CA 92590
david@bcsrm.com
15. INDEPENDENT CONTRACTOR
a. The Nonprofit shall at all times remain as to the City a wholly independent
contractor. The personnel performing the services under this Agreement on behalf of the
Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City
nor any of its officers, employees, agents, or volunteers shall have control over the conduct of
Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this
Agreement. The Nonprofit shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner officers, employees or agents of the City. The
Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against
City, or bind City in any manner.
No employee benefits shall be available to the Nonprofit in connection with the performance of
this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City
shall not pay salaries, wages, or other compensation to the Nonprofit for performing services
hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit
for injury or sickness arising out of performing services hereunder.
16. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations
of the parties described in this Agreement. All prior or contemporaneous agreements,
understandings, representations and statements, oral or written, are merged into this
Agreement and shall be of no further force or effect. Each party is entering into this Agreement
based solely upon the representations set forth herein and upon each party's own independent
investigation of any and all facts such party deems material.
17. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of the Nonprofit warrants and
represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit
and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The
City Manager is authorized to enter into an amendment on behalf of the City to make the following
non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c)
non -monetary changes in scope of work; (d) agreement termination.
O8/09/2021
and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The
City Manager is authorized to enter into an amendment on behalf of the City to make the
following non -substantive modifications to the agreement: (a) name changes; (b) extension of
time; (c) non -monetary changes in scope of work; (d) agreement termination.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA VETERAN STRONG
(Two Signatures or corporate officers required unless
corporate documents authorize only one person to sign the
agreement on behalf of the corporation.)
By:
Matt Rahn, Mayor
ATTEST:
By:
Randi Johl, City Clerk
APPROVED AS TO FORM:
David Barragan, Chief Executive
Officer
By: �Wpw tft)
Norma J. Hill-Artig , Treasurer
By:
Peter M. Thorson, City Attorney NONPROFIT
Veteran Strong
Attn: David Barragan
41707 Winchester Road Suite 304
Temecula, CA92590
dMy_W lbcsrm.com
City Purchasing Mgr.
Initials and ate:
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EXHIBIT "A"
CITY OF TEMECULA SPONSORSHIP BENEFITS
CO-SPONSOR
Veteran Strong shall provide the following benefits and services for the citizens of the City of
Temecula:
• Workforce development training for veterans in the community
• City of Temecula name and/or logo on all press releases and promotional materials
08/09/2021
EXHIBIT "B"
IN -KIND SERVICES
ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS
Based on the input from City departments we received estimated in -kind cost projections for the
facility rental and staff support for the Veteran Strong meetings/classes. The following
expenses can be anticipated for the event:
Community Services:
TOTAL:
$ $ 5.�� 00.00
08/09/2021
Item No. 7
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Betsy Lowrey, Assistant to the City Manager
DATE: March 22, 2022
SUBJECT: Approve a Sponsorship and Economic Development Funding Agreement with the
Temecula Valley Balloon and Wine Festival Association for the Temecula Valley
Balloon and Wine Festival (At the Request of Subcommittee Members Edwards
and Stewart)
PREPARED BY: Courtney Fletcher, Management Assistant
RECOMMENDATION: That the City Council approve a Sponsorship and Economic
Development Funding Agreement with the Temecula Valley Balloon and Wine Festival
Association, for the Temecula Valley Balloon and Wine Festival, Fiscal Year 2021-2022.
BACKGROUND: The Temecula Valley Balloon and Wine Festival (TVBWF)
continues to be a popular, signature event that attracts thousands of residents and visitors, including
a growing market of out of state attendees. The event will be held on June 3, 4 and 5, 2022.
The Temecula Valley Balloon and Wine Festival was held annually at Lake Skinner Recreation
area until the COVID-19 global pandemic hit. The event in 2022 will again feature morning
balloon launches, evening balloon glows, wine tasting, a wine competition and numerous food
vendors. Local and regional breweries are also involved providing beer tasting and food pairings.
Each day/evening music concerts are held featuring many different genres and popular talent. The
Event includes one of the largest local arts and craft fairs, kids fair, plus local, and regional
commercial product vendors.
The Economic Development Committee of the City Council (Council Member Maryann Edwards
and Council Member James Stewart) met on March 23, 2021, to review the sponsorship funding
requests for Fiscal Year 2021-2022 and recommended continued support of the event. The
Festival, through advertising and the event itself, increases local spending and generates overnight
stays at our local hotels. No commissions, consultant fees and/or salaries will be paid to any party
utilizing the City of Temecula's sponsorship funding. The City will also be listed as the event's
Premier Sponsor and will be provided maximum advertising opportunities that benefit the City.
The Festival's marketing program includes: media kits, press releases, photos and commercials
plus promotions on radio stations that reach Riverside, Orange, Los Angeles and San Diego
Counties; local cable television advertising; collateral materials and an aggressive publicity
campaign targeting these same areas using newspapers, magazines and major television network
news outlets. In addition, the Festival maintains their website and capitalizes on social media
outlets like Facebook, Instagram and Twitter to impact social networking and provide information
on the event and entertainment schedules.
Pursuant to prior year funding agreements, the TVBWF submitted audited financial statements for
their fiscal year ending June 30, 2019, which covers the operations of the 2019 festival. The
independent auditor report did not make any findings and determined that "...the financial
statements... present fairly, and in all material respects, the financial position of the Temecula
Valley Balloon & Wine Festival as of June 30, 2019, ...in accordance with accounting principles
generally accepted in the United States of America." The City's Finance Director reviewed the
submitted report and concurred with the findings.
FISCAL IMPACT: Adequate funds for the Temecula Valley Balloon and Wine Festival
have been included in the Fiscal Year 2021-2022 Annual Operating Budget for the recommended
amount of Twenty -Seven Thousand Dollars and No Cents ($27,000.00). There is no fiscal impact
associated with the promotional support and use of traffic control devices.
ATTACHMENTS: Sponsorship and Economic Development Funding Agreement
SPONSORSHIP AGREEMENT BETWEEN
CITY OF TEMECULA AND TEMECULA VALLEY BALLOON
AND WINE FESTIVAL ASSOCIATION
THIS AGREEMENT is made and effective as of this March 22, 2022, by and between the
City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Temecula
Valley Balloon and Wine Festival Association, a California nonprofit corporation (hereinafter
referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and
undertakings set forth herein, the parties agree as follows:
1. RECITALS
This Agreement is made with respect to the following facts and purposes which each of
the parties acknowledge and agree are true and correct:
a. The Nonprofit shall operate the Temecula Valley Balloon and Wine Festival
(hereinafter referred to as the "Event") on June 3, June 4 and June 5, 2022. The Event is a
special event which is located in the unincorporated area of Riverside County/Temecula Valley.
b. The Event includes: morning balloon launches, evening balloon glows,
wine tastings from local wineries, beer tasting from local breweries, food vendors, concerts
featuring a variety of genres, each day/night. The event will also include a kids faire and a
commercial court with over 150 vendors.
C. Alcohol will be served.
d. The City desires to be a Premier Sponsor of the Event.
2. TERM
This Agreement shall commence on March 22, 2022 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.
3. CONSIDERATION
a. In exchange for providing the Nonprofit with in -kind city -support services
valued at an amount not to exceed Two Thousand Dollars and No Cents ($2,000.00), use of
the conference center for two training courses for volunteers, valued at an amount not to
exceed, Two Hundred Fifty Dollars and No Cents ($250.00) and in -kind promotional services
valued at an amount not to exceed Twenty Seven Thousand Dollars and No Cents
($27,000.00), as listed in Exhibit B, the City of Temecula shall be designated as a Premier
Sponsor of the Event. As a Premier Sponsor the City shall receive sponsor benefits as listed
in Exhibit A. In the event that City support services exceeds Twenty Seven Thousand Dollars
and No Cents ($27,000.00), the Nonprofit may seek City authorization for payment above that
amount.
b. The Nonprofit is requested to partner with the Temecula Valley Convention
& Visitors Bureau ("VTV") to help promote the Event. The City of Temecula contracts with the
VTV to generate Visitor -Related Economic Impact for the City of Temecula. This will include but
not be limited to over -night room bookings, dining and shopping within the City of Temecula. Any
media visits coordinated by the Nonprofit shall include an invitation to visit all Temecula entities
08/09/2021
(i.e. Old Town, wineries, golf). Secondly,the Nonprofit shall include in its basic press kit a press
release provided by the VTV which focuses on the attractions of Temecula, including Old Town,
golf, wineries, etc. This informational piece shall be provided to all media working with the
Nonprofit or its representatives on festival -related stories.
C. The Nonprofit shall support economies of the City of Temecula by
promoting and utilizing local businesses (e.g. local food vendors, restaurants, wineries, crafters,
etc.) first when competitive and practicable.
d. Within 30 days of the effective date of this Agreement, Nonprofit shall
submit a timeline showing the milestone dates that each Nonprofit marketing activity, including,
but not limited to, public relations and media schedules, marketing measures and other
promotional activities, will occur. The purpose of this provision is to ensure that the Nonprofit
makes a good faith effort to maximize attendance at the Temecula Valley Balloon and Wine
Festival.
4. WRITTEN REPORT
Within ninety (90) days after the conclusion of the Event, the Nonprofit shall prepare and
submit to the Assistant City Manager a written report evaluating the Event, its attendance,
media coverage, and description of the materials in which the City has listed as a Premier
Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc.,
in a presentation notebook format. In addition, complete financial statements including a balance
sheet, income statement and budget to actual comparison report of the Event must be included
in such a written report.
5. FINANCIAL REVIEW
The Nonprofit shall provide complete financial statements including a balance sheet,
income statement of the Event. This financial review of the Event should be completed and
submitted to the City no later than December 31, 2022. The financial review shall provide a
general summary report on how funds were expended and used to benefit Temecula Valley
residents and shall include documentation, including but not limited to, copies of invoices, receipts
and cancelled checks to support the Sponsorship Funding. The financial documentation is
subject to an audit, as determined by City staff.
6. FINANCIAL AUDIT
The Nonprofit shall provide an audit that should be conducted in accordance with generally
accepted government auditing standards also know as the Yellow Book audit. The Yellow Book
audit will be audited by an independent certified public accountant and shall include the Event.
These audited financial statements should be completed and submitted to the City no later than
December 31, 2022, pending the Nonprofit Headquarters audit timeline.
7. PERMITS
The Nonprofit shall file applications for a Temporary Use Permit and Special Event Permit
with the City no later than thirty (30) days prior to the first day of the Event. The City retains its
governmental jurisdiction to determine whether to issue the permits and the nature and scope of
Conditions of Approval. The Nonprofit shall comply with all conditions of approval for the
Temporary Use Permit, the Special Event Permit, or any other City -issued permits. Failure to
08/09/2021
comply with the Conditions of Approval of such permits shall constitute a default of this Agreement
and is grounds for termination of this Agreement.
8. MEETING ATTENDANCE
The Nonprofit shall attend all City pre -event planning meetings and event recap meetings
if warranted.
9. INDEMNIFICATION
The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula,
Temecula Community Services District, and/or the Successor Agency to the Temecula
Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives
from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or
damages of whatsoever kind and nature which the City of Temecula, Temecula Community
Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its
officers, agents and employees may sustain or incur or which may be imposed upon them for
injury to or death of persons, or damage to property arising out of the Nonprofit's negligent or
wrongful acts or omissions arising out of or in any way related to the performance or non-
performance of this Agreement.
10. INSURANCE
The Nonprofit shall secure and maintain from a State of California admitted insurance
company, pay for and maintain in full force and effect for the duration of this Agreement an
insurance policy of comprehensive general liability against claims for injuries to persons or
damages to property, which may arise from or in connection with the performance of the work
hereunder by May 1, 2022, its agents, representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No.
CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the Recipient owns no automobiles, a
non -owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Recipient has no employees while performing
under this Agreement, worker's compensation insurance is not required, but Consultant shall
execute a declaration that it has no employees.
4) Professional Liability Insurance shall be written on a policy form
providing professional liability for the Receipient's profession.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1) General Liability: Two million ($2,000,000) per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate lim it is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
08/09/2021
2) Automobile Liability: One million ($1,000,000) per accident for
bodily injury and property damage.
3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
4) Liquor Liability Coverage for bodily injury, personal injury and
property damages.
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 Non Profit; products and completed operations of the
Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased,
hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope
of protection afforded to the City of Temecula, the Temecula Community Services District, the
Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees
or volunteers.
2) For any claims related to this project, the Nonprofit's insurance
coverage shall be primary insurance as respects the City of Temecula, the Temecula Community
Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers,
officials, employees and volunteers. Any insurance or self -insured maintained by the City of
Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula
Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the
Consultant's insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the City, the
Temecula Community Services District, the Successor Agency to the Temecula Redevelopment
Agency, their officers, officials, employees or volunteers.
4) The Nonprofit's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
5) Each insurance policy required by this agreement shall be endorsed
to state: should the policy be canceled before the expiration date the issuing insurer will endeavor
to mail thirty (30) days prior written notice to the City.
6) If insurance coverage is canceled or, reduced in coverage or in
limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or
notify the City via certified mail, return receipt requested of the changes to or cancellation of the
policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance
shall not be considered to comply with these insurance requirements.
f. Verification of Coverage. Nonproft shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
08/09/2021
be on forms provided by the City. All endorsements are to be received and approved by the City
before work commences. As an alternative to the City's forms, the Nonprofit's insurer may provide
complete, certified copies of all required insurance policies, including endorsements affecting the
coverage required by these specifications.
11. GOVERNING LAW
The City and the Nonprofit understand and agree that the laws of the State of California
shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also
govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take
place in the municipal, superior, or federal district court with geographic jurisdiction over the City
of Temecula. In the event such litigation is filed by one party against the other to enforce its rights
under this Agreement, the prevailing party, as determined by the Court's judgment, shall be
entitled to reasonable attorney fees and litigation expenses for the relief granted.
12. LEGAL RESPONSIBILITIES
The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws
and regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe
and comply with all such ordinances, laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply
with this section.
13. ASSIGNMENT
The Nonprofit shall not assign the performance of this Agreement, nor any part thereof,
nor any monies due hereunder, without prior written consent of the City.
14. NOTICES
Any notices which either party may desire to give to the other party under this Agreement
must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable
document delivery service, such as but not limited to, Federal Express, that provides a receipt
showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage
prepaid, return receipt requested, addressed to the address of the party as set forth below or at
any other address as that party may later designate by Notice:
Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Recipient: Temecula Valley Balloon and Wine Festival
Association
Attn: Kellie Cantrell
PO Box 1254
Temecula, CA 92593-1254
08/09/2021
15. INDEPENDENT CONTRACTOR
a. The Nonprofit shall at all times remain as to the City a wholly independent
contractor. The personnel performing the services under this Agreement on behalf of the
Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City
nor any of its officers, employees, agents, or volunteers shall have control over the conduct of
Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this
Agreement. The Nonprofit shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner officers, employees or agents of the City. The
Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against
City, or bind City in any manner.
No employee benefits shall be available to the Nonprofit in connection with the performance of
this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City
shall not pay salaries, wages, or other compensation to the Nonprofit for performing services
hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit
for injury or sickness arising out of performing services hereunder.
16. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations
of the parties described in this Agreement. All prior or contemporaneous agreements,
understandings, representations and statements, oral or written, are merged into this
Agreement and shall be of no further force or effect. Each party is entering into this Agreement
based solely upon the representations set forth herein and upon each party's own independent
investigation of any and all facts such party deems material.
17. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of the Nonprofit warrants and
represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit
and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The
City Manager is authorized to enter into an amendment on behalf of the City to make the following
non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c)
non -monetary changes in scope of work; (d) agreement termination.
08/09/2021
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first above written.
CITY OF TEMECULA
TEMECULA VALLEY BALLOON AND WINE
FESTIVAL ASSOCIATION
By: By:&6�
Matt Rahn, Mayor Kellie Cantrell, Executive Director
ATTEST:
By:
Randi Johl, City Clerk
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Attorney
By: r-
Scott Soares, President
By: /*&/".
Dou N Bingham, Tre er
NONPROFIT
Temecula Valley Balloon and Wine Festival
Association
Kellie Cantrell
PO Box 1254
Temecula, CA 92593-1254
951-676-6713
kellie(c-tvbwf.com
PM Initi 11s.
Date:�[�
08/09/2021
EXHIBIT "A"
CITY OF TEMECULA SPONSORSHIP BENEFITS
PREMIER SPONSOR
Temecula Valley Balloon and Wine Festival Association shall provide the following benefits
and services for the citizens of the City of Temecula:
• City of Temecula logo/name on advertisements
■ City of Temecula name on all press releases
• City of Temecula logo/name on event poster
• City of Temecula logo/name on event flyers
• City of Temecula logo/name on event t-shirt
• 10 Temecula Valley Balloon and Wine Festival t-shirts
"Press Releases will be distributed to all local media, however, publication cannot be guaranteed.
Press Releases can also be provided to all sponsors for distribution to their clients, agents,
employees, etc.
08/09/2021
EXHIBIT "B"
IN -KIND SERVICES
ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS
Based on the input from City departments we received estimated cost projections for the
Temecula Valley Balloon and Wine Festival event. The following expenses can be anticipated
for the event:
Public Works: $2,000.00
Community Services: $250.00
TOTAL: $2,250.00
ESTIMATED VALUE OF PROMOTIONAL SERVICES
PROVIDED BY THE CITY OF TEMECULA
The estimated value for in -kind promotional assistance provided by The City of Temecula for the
Temecula Valley Balloon and Wine Festival is as follows:
Item Value
Cash $ 27,000.00
In the event the City replaces Temecula Valley Balloon and Wine Festival street pole banners,
the cost to do so will be deducted from the cash funding.
08/09/2021
Item No. 8
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: March 22, 2022
SUBJECT: Receive and File the General Plan and Housing Element Annual Progress Report
for the Period of January 1, 2021 to December 31, 2021
PREPARED BY: Mark Collins, Assistant Planner
RECOMMENDATION: That the City Council receive and file the General Plan and Housing
Element Annual Progress Report for the period of January 1, 2021 to December 31, 2021.
BACKGROUND: State law (Government Code Section 65400 and 65700) requires
that all cities and counties submit an annual report on the implementation of the General Plan and
Housing Element to their legislative bodies, the Governor's Office of Planning and Research
(OPR) and the California Department of Housing and Community Development (HCD) by April
1st of each year. The purpose of the General Plan Annual Progress Report (GP -APR) and Housing
Element Annual Progress Report (HE -APR) is to update the community, City Council, HCD and
OPR on General Plan and Housing Element implementation progress (Attachment 1). This report
is also used as an aid to identify prospective changes, or updates that may be needed for the General
Plan and Housing Element.
The City's last comprehensive General Plan update was completed in 2005. During the last several
years, the City has amended the General Plan, to implement required Housing Element programs,
and update the General Plan Land Use Element with updated policies (i.e., zoning change and
increasing residential density, etc.). On February 8, 2022, the City adopted a Housing Element of
the General Plan in compliance with the Regional Housing Needs Allocation (RHNA) 6th Cycle
(2021-2029).
DISCUSSION: Since the adoption of General Plan in 2005, the State of California
has passed legislation and updated policies that require updates to the General Plan. The City has
developed a four -phase process to update the General Plan, and is strategically sequencing these
various updates to be efficient from a cost and technical perspective. The General Plan Annual
Progress Report documents the current General Plan's compliance, and provides a phased work
program to update the General Plan. As required by law, the GP -APR for 2021 was submitted to
California Department of Housing and Community Development and Office of Planning and
Research (OPR) on April 1, 2021. The filing also included the 2021 Housing Element Annual
Progress Report.
General Plan Progress
The General Plan contains implementation programs, which are achieved through the goals and
policies of each General Plan element. Notable accomplishments to implement the General Plan
programs include:
• Modifying land use designations to accommodate more housing to meet RHNA;
• Adoption of Vehicle Miles Traveled (VMT) methodology for CEQA evaluation;
• Making consistency findings between the City's General Plan goals and policies and
the proposed 2022-2026 Capital Improvement Program (CIP); and
• Implementing the City's Current Housing Element by administering programs and
approving new affordable housing projects.
Continued progress on the Comprehensive General Plan, 4 phase update include:
• Completion of Phase 1 of 4 of the General Plan update, which includes:
o Adoption of the 2021-2029 Housing Element General Plan
o Adoption of the Safety Element of the General Plan
• Beginning Phase 2 of 4 of the General Plan update, which includes:
o Quality of Life Master Plan (QLMP) 2040 update
o Complete Streets, nexus study and focused EIR
o Initiation of Geographic Information System (GIS) Mapping Consolidation
For reporting year 2021, the city did not adopt any General Plan Amendments.
Housing Element Progress
The Housing Element is intended to identify and establish City policies with respect to meeting
the housing needs of existing and future residents in the City. It establishes policies that will guide
City decision -making and sets forth an action plan to implement its housing goals. The
commitments are in furtherance of the statewide housing goals of early attainment of decent
housing and a suitable living environment for every California family, as well as a reflection of
the concerns unique to the City of Temecula.
Pursuant to Government Code Section 65400, the City is required to prepare and submit an Annual
Progress Report (APR) to the California Department of Housing and Community Development
(HCD) and the Governor's Office of Planning and Research (OPR) Department on the status and
implementations of its Housing Element. The APR includes information on the jurisdiction's
progress in addressing the Regional Housing Needs Allocation (RHNA), including the number of
housing units permitted by income level, number of units entitled, and the status of programs
identified within the Housing Element.
Regional Housing Needs Allocation
Pursuant to Government Code Section 65584, the City is required to submit an annual progress
report of the City's efforts in addressing our portion of the RHNA allocation as delineated in the
Housing Element (Attachment 3). As a point of clarification, the RHNA allocation numbers are
applicable to all income categories, not just the extremely low and very low categories. The City
is required to plan for housing across all income categories, and every residential unit built in the
City counts towards our RHNA allocation. However, the City is not mandated to ensure that all of
its RHNA units are actually built. The City is only required to demonstrate to HCD that adequate
sites are properly zoned to accommodate affordable housing. This was accomplished with the
adoption and certification of 2014-2021 Housing Element (Resolution No. 14-08) and the 2018
Affordable Housing Overlay Zone (AHOZ) (Resolution No. 18-09). Attachment 2 of this staff
report, demonstrate Temecula's 2014-2021 RHNA Breakdown by Year.
2021 Housing Element Reporting Analysis
Since the adoption of the 2014-2021 Housing Element by City Council, the Community
Development Department has prepared and submitted to HCD and OPR the required Housing
Element annual reports. In 2021, staff processed 13 Housing Development Applications totaling
571 proposed units. The proposed units were reviewed and approved by the Planning Commission,
City Council, or Administratively by Staff. A total of 464 building permits were issued for variety
of housing types (Attachment 3). The 2021 Annual Progress Report serves to comply with State
requirements to report annually on the progress of the General Plan implementation including
specific requirements for reporting on the City's Housing Element and reflect the many
accomplishments toward implementing the City of Temecula's General Plan.
This report focuses on the final period of the 2014-2021 (51h Cycle) Housing Element of the
Temecula General Plan. On February 8, 2022 the City Council adopted a new Housing Element
of the General Plan for 2022-2029 (6th Cycle), future reports will detail its efficacy.
FISCAL IMPACT: There are no fiscal impacts associated with the State's General Plan
Annual Progress Report submitted yearly to OPR. However, the 2017 Legislative Housing
Package increased the importance of the Housing Element Annual Progress Report. Consequences
for failing to complete and submit the Annual Report may include court sanctions and losing local
control over affordable multifamily housing development entitlements to a new streamlined
approval process.
ATTACHMENTS: 1. General Plan and Housing Element Annual Progress Report for
2021
2. Temecula's 2014-2021 RHNA Breakdown by Year
3. Appendix A - Housing Element Annual Progress Report for 2021
a 1989
GENERAL PLAN AND HOUSING ELEMENT
ANNUAL PROGRESS REPORT
REPORTING YEAR 2021
2021 March 16, 2022
(scheduled Hearing Date)
2020 April 13, 2021
TABLE OF CONTENTS
Ift,
Submitted to HCD and OPR by
April l
Submitted to HCD and OPR by
April 1
INTRODUCTION.....................................................................................................................................................................2
GENERALPLAN PROGRESS................................................................................................................................................3
HOUSINGELEMENT..............................................................................................................................................................9
COMPLIANCE WITH OPR GENERAL PLAN GUIDELINES...................................................................................... 11
COMPLIANCE WITH OTHER OPR GUIDELINES........................................................................................................ 14
HOUSING ELEMENT 2021 ANNUAL PROGRESS REPORT.................................................................................... 15
Appendix A: 2021 Annual Housing Element Progress Report
11Page
INTRODUCTION
The City of Temecula was incorporated in 1989 as a General Law City. Since incorporation, the
City of Temecula has placed a high value on an excellent quality of life for the community. The
vision, goals, and policies identified in City's General Plan reflect those values and the desire for
an excellent quality of life. This General Plan Annual Progress Report (GP -APR) documents the
City's progress on implementing the General Plan for calendar year 2021 while also forecasting
anticipated changes and detailing compliance with statutory requirements.
While the Temecula General Plan was last comprehensively updated in 2005, the General Plan is
a living document that is often updated to reflect policy changes and statutory requirements. Since
2005, the City of Temecula has approved approximately eleven General Plan Amendmentsl, an
updated Housing Element, and various Municipal Code amendments to advance the vision, goals,
and policies of the General Plan. Several of these approved General Plan Amendments have
increased the capacity and the ability of the market to generate additional housing (including
adding additional density). While these updates have kept the General Plan current, the City
recognizes there is a need to update the General Plan in a more comprehensive manner.
The lingering side effects of the 2007-2008 financial crisis, significant housing legislation changes
(ADU's, Urban Lot Splits, Ministerial Approvals, etc.), and the continued restrictions and
limitations surrounding the COVID-19 pandemic have slowed progress (as demonstrated in Figure
1) of the City's in progress comprehensive update. As the City adopted its 6t1i Cycle Housing
Element on 8 February, 2022, the City is well positioned to continue a comprehensive update. A
kickoff for the General Plan Update was held in the Fall of 2020, this date slipped beyond our
original target, due to the previously mentioned delays. Active public engagement is a core
component of a General Plan update and the City has adapted and learned to safely engage our
community in person as well as various online sources including virtual meetings, social media,
City website, City Mobile App, surveys, etc.
The City, is implementing a four -phase general plan update. The first phase is currently complete
and incorporated an updated Housing Element, VMT, and as well as other public safety
requirements. Phase two is currently underway and will incorporate an update to the City's Quality
of Life Master Plan (QLMP) and the adoption of a Complete Streets policy which will set the
foundation for the General Plan's vision, goals, and policies.
Phase three will incorporate detailed SWOC analysis and fiscal land use studies. Phase four will
comprehensively update the General Plan as well as the EIR for the General Plan. The below
graphic is a DRAFT plan for the different phases of the General Plan update. The contents,
schedule, and sequence may change based on recommendations from the City's consultant.
By the end of reporting year 2020, the City Council adopted VMT Guidelines (May 2020), and the
Housing Element on 8 February 2022. We anticipate Phase 3 of the GP update to be completed by
Fall of 2022, with the adoption of the updated QLMP.
LCity of Temecula General Plan Use Map —Revision Table
2 1 P a g e
Plan UpdateProcess i Timeline
Phase 1
Phase 2
Phase 3
Phase 4
(IN PROGRESS UNTIL OCT. 2021)
(JAN. 1, 2021 MARCH 2O22)
[MARCH 2022 - AUGUST2022]
(SEPT. 2022 - JAN. 1, 2025i
v HOUSING ELEMENT
4V1'i.GWE5Si1]I fii�JYvSW •tl
QLMP 2030 UPDATE j
7/ • c,•a�i�T�r�uC 7}�
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®SWOCANALYSIS
STAWLASLBNMfH15 5
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GENERAL PLAN UPDATE
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®�/ ESA MONTN5L➢YERlAP5W1PIM�l1
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'ETRAMPORTAnON. MOBILITY a CONNECTNUY
AaLE BLE CIT GC•4T.
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f;14
BASE U NE VMT EVAL
NEXUSSTUDY
COMPLETE STREETS
GIS MAPPING
QLMP CORE VALUE QUNI'tii]ItE VALOE QLMPCOREVALUE
HEALTHY A U"A..E 12 ECON. PROSPERITY 1
3 SAFE a PREPARED
CITY I COMWNTTY
GP ELEMENTS I
GPELEMENTS IGP ELEME NTS
LAND USE ECON. DEV. PU9UCSAFET
HOUSING NOISE
COMMUNITY DESIGN
ULM P OURE VALUE
QLMP CORE VALUE
QLMP CORE VALUE
T4 SUSTAINABLE CITY
15 TRANSP. MOBILITY 6
H ACCOUNTABLE S
CONNECTIVITY
RESPONSIBLE CITY
GOV.
GP ELEMENTS
GF ELEMENTS
GP ELEMENTS
CONSERVATION
CIRCULATION
GROWTH MGT.+PU13LIC
OFENSPACE
COMP LETE STREETS(ATP)
FACILITIES
AIR QUALITY (CU MATE
ENV. JUSTICE
ACTION PLAN)
Figure I DRAFT General Plan Update Process & Timeline
The City of Temecula's General Plan is accessible on the City's website at:
https://temeculaca.gov/345/General-Plan
GENERAL PLAN PROGRESS
Project Progress
QLMP CORE VALUE
#7 FUTURE EQUITY
ELEMENT
ENVAUSPCE
The City continues to implement the Temecula General Plan. The below projects demonstrate
General Plan progress and provide specific excerpts of goals, policies, and implementation
programs that are complementary to the projects. This list is not meant to be exhaustive or all
inclusive.
3 1 P a g e
Temecula Village Phase II GPA (PA20-1323): A General Plan Amendment to amend the
underlying General Plan Land Use designation of the project site from Professional Office (PO)
to Medium Density Residential (M).
Status: Approved
Harveston GPA and SPA (PA18-0659 and PA18-0660) - A General Plan Amendment to
amend the underlying General Plan Land Use Service Commercial designation on a portion of
Planning Area 12 of the Harveston Specific Plan to a Specific Plan Implementation (SPI) Land
Use; and a Specific Plan Amendment to the Harveston Specific Plan including a residential
overlay on an 87.54-acre portion of Planning Area 12 that would allow the future development
of a maximum of 1,000 residential units, new development standards and design guidelines for
future projects developed within the residential overlay, and a new architectural style allowed
for multifamily development.
Status: Approved
RESIDENTIALDEVELOPMENT PROJECTI
PA21-0100 — ADU: A development plan for a detached 1,012 square foot Accessory Dwelling
Unit.
Status: Approved
PA21-0184 — ADU: A development plan for a detached 800 square foot Accessory Dwelling
Unit.
Status: Approved
PA21-0507 — Sommers Bend PA 17B: Home Product Review for Planning Area 17B of the
Roripaugh Ranch Specific Plan to allow for three (3) unique detached single-family plans with
three (3) architectural styles consisting of 35 lots.
Status: Approved
PA21-0508 — Sommers Bend PA 18B: Home Product Review for Planning Area 18B of the
Roripaugh Ranch Specific Plan to allow for three (3) unique detached single-family plans with
three (3) architectural styles consisting of 27 lots.
Status: Approved
PA21-0585 — Sommers Bend PA 18C: Home Product Review for Planning Area 18C of the
Roripaugh Ranch Specific Plan to allow for four (4) unique detached single-family plans with
three (3) architectural styles consisting of 38 lots.
Status: Approved
PA21-0586 — Sommers Bend PA 20A: Home Product Review for Planning Area 20A of the
Roripaugh Ranch Specific Plan to allow for four (4) unique detached single-family plans with
three (3) architectural styles consisting of 29 lots.
Status: Approved
PA21-0939 — Sommers Bend PA 18A: A model Home Complex for Planning Area 18A of the
Roripaugh Ranch Specific Plan to allow for four (4) unique detached single-family plans
consisting of 4 lots.
Status: Approved
4 1 P a g e
PA21-1003 — Heirloom Farms: A model Home Complex for Heirloom Farms to allow for six
(6) unique detached single-family plans consisting of 6 lots.
Status: Approved
PA21-1028 — ADU: A development plan for a detached 1,000 square foot Accessory Dwelling
Unit.
Status: Approved
PA21-1097 — Sommers Bend PA 17A: A model Home Complex for Planning Area 17A of the
Roripaugh Ranch Specific Plan to allow for four (4) unique detached single-family plans
consisting of 4 lots.
Status• Approved
PA21-1442 — Sommers Bend PA 31A: Home Product Review for Planning Area 3 1 A of the
Roripaugh Ranch Specific Plan to allow for three (3) unique detached single-family plans with
four (4) architectural styles consisting of 81 lots.
Status: Approved
PA21-1512 — ADU: A development plan for a detached 850 square foot Accessory Dwelling
Unit.
Status: Approved
5 1 P a g e
1. Land Use — Diverse Land Use
Goal 1 A diverse and integrated mix of residential, commercial, industrial, recreational,
public and open space land uses. The residential projects listed above support.
Policy 1.2 to promote the use of innovative site planning techniques that contribute to
development of a variety of residential product styles and designs, including housing suitable
for the community's labor force.
Policy 1.9 Establish paseos, greenbelts, linear parks and trails within buffer areas between
developments and at the City's edge.
2. Land Use — Preserving Residential Neighborhoods
Goal 5 A land use pattern that protects and enhances residential neighborhoods.
Policy 5.1 Consider the compatibility of proposed projects on surrounding uses in terms of
the size and configuration of buildings, use of materials and landscaping, preservation of
existing vegetation and landform, the location of access routes, noise impacts, traffic
impacts, and other environmental conditions.
Policy 5.3 Require proposed development to evaluate the incremental traffic impacts on
local roads throughout the proposed project phasing in order to ensure that any adverse
impacts to local roads in residential areas are avoided or adequately mitigated.
3. Land Use — Natural Resources and Community Aesthetics
Goal 6 A development pattern that preserves aesthetics and enhances the environmental
resources of the Planning Area.
Policy 6.1 Preserve the natural aesthetic quality of hillsides and reduce hazards associated
with hillside development within the Planning Area.
Policy 6.5 Create distinctive features at entry points to the City that emphasize Temecula's
aesthetic and environmental setting.
4. Land Use — Temecula's Role within the Region
Goal 8 A City compatible and coordinated with regional land use and transportation
patterns.
Policy 8.3 Ensure development projects within the French Valley Airport area of influence
comply with the Airport Land Use Compatibility Plan (ALUCP) for the Airport, and refer
all land use actions identified within the ALUCP to the Airport Land Use Commission for
mandatory review.
5. Housing Element — Provide Adequate Housing Sites
Goal 1 Provide a diversity of housing opportunities that satisfy the physical, social, and
economic needs of existing and future residents of Temecula.
Policy 1.1 Provide an inventory of land at varying densities sufficient to accommodate the
existing and aroiected housing needs in the Citv.
6 1 P a g e
Policy 1.2 Encourage residential development that provides a range of housing types in
terms of cost, density, and type, and presents the opportunity for local residents to live and
work in the same community by balancing jobs and housing types.
Policy 1.3 Require a mixture of diverse housing types and densities in new developments
around the village centers to enhance their pedestrian orientation and diversity.
Policy 1.4 Support the use of innovative site planning and architectural design in
residential development.
6. Housing Element — Assist in Development of Affordable Housing Goal
2 Provide affordable housing for all economic segments of Temecula.
Policy 2.1 Promote a variety of housing opportunities that accommodate the needs of all
income levels of the population, and provide opportunities to meet Temecula's fair share of
extremely low, very low, low and moderate income housing by promoting the City's
program of density bonuses and incentives.
Policy 2.2 Support innovative public, private, and nonprofit efforts in the development of
affordable housing particularly for special needs.
Policy 2.4 Pursue all available forms of private, local, state, and federal assistance to support
development and implementation for the City's Housing Programs.
Policy 2.5 Require that all new affordable housing developments incorporate energy and
water efficient appliances, amenities, and building materials to reduce overall housing
related costs for future low and moderate income households and families.
7. Housing Element — Promote Equal Housing Opportunities
Goal 5 Provide equal housing opportunities for all residents in Temecula
Policy 5.2 Support efforts to ensure that all income segments of the community have
unrestricted access to appropriate housing.
8. Open Space/Conservation
Goal 3 Conservation of important biological habitats and protection of plant, and animal
species of concern, wildlife movement corridors, and general biodiversity. This project
supports Policy 3.1-3.7.
MS Mountain View - Building 4 DP (PA21-0105) — Development Plan for the construction of
an approximately 33,636 square foot industrial building.
Status: Approved
MS Mountain View - Building 9 DP (PA21-0125) — Development Plan for the construction of
an approximately 19,919 square foot industrial building.
Status: Approved
MS Mountain View - Building 8 DP (PA21-0132) — Development Plan for the construction of
an approximately 17,329 square foot industrial building.
Status: Approved
MS Mountain View - Building 5 DP (PA21-0743) — Development Plan for the construction of
an approximately 23,788 square foot industrial building.
Status: Approved
7 1 P a g e
MS Mountain View - Building 6 DP (PA21-0744) — Development Plan for the construction of
an approximately 19,769 square foot industrial building.
Status: Approved
MS Mountain View - Building 10 DP (PA21-0745) — Development Plan for the construction
of an approximately 19,336 square foot industrial building.
Status: Approved
MS Mountain View - Building 11 DP (PA21-0746) — Development Plan for the construction
of an approximately 17,503 square foot industrial building.
Status: Approved
MS Mountain View - Building 12 DP (PA21-1470) — Development Plan for the construction
of an approximately 38,714 square foot industrial building.
Status: Approved
MS Mountain View - Building 13 DP (PA21-1471) — Development Plan for the construction
of an approximately 19,727 square foot industrial building.
Status: Approved
MS Mountain View - Building 20 DP (PA21-1472) — Development Plan for the construction
of an approximately 9,867 square foot industrial building.
Status: Approved
Remington Industrial — Building DP (PA21-0384) — Development Plan for the construction
of an approximately 32,792 square foot industrial building.
Status: Approved
Wolfe Store Road Fuel Station - DP (PA21-0449) — A Development Plan for a 7 pump fuel
station, 245 square foot kiosk, 3,337 square foot retail building and 940 square foot garage.
Status: Approved
Long Horn Steak House — DP (PA21-0793) A development Plan for a 5,708 square foot
restaurant.
Status: Approved
Land Use — Diverse Land Use
Goal 1 A diverse and integrated mix of residential, commercial, industrial, recreational,
public and open space land uses. The residential projects listed above support.
Policy 1.4 Support development of light industrial, clean manufacturing, technology,
biomedical, research and development, and office uses to diversify Temecula's economic
base.
Goal 2 Successful, high -quality mixed use development projects containing a mix of
residential, commercial/office, and civic land uses, supported by alternative modes of
transportation.
Policy 2.5 Ensure that the architecture, landscape design, and site planning of mixed use
projects is of the highest quality, emphasizing a pedestrian scale and safe and convenient
access between uses.
Goal 7 A viable, high -quality Old Town Temecula area that enhances the City economically,
preserves historic structures, and provides civic, cultural, shopping, and meeting and
gathering places for tourists and residents.
Policy 7.1 Encourage revitalization of Old Town through implementation of the Old Town
Specific Plan.
Goal 1 Enhancement of the City's image related to its regional and natural setting and its
tourist orientation.
Policy 1.2 Apply requirements of the Old Town Specific Plan to all new construction as well
as to the rehabilitation of structures in the Old Town Area.
Goal 2 Design Excellence in site planning, architecture, landscape architecture and signs.
Policy 2.3 Provide development standards ensuring higher quality building and site design
that is well integrated with the infrastructure and circulation systems.
Policy 2.5 Limit light and glare pollution through design standards for outdoor lighting, the
use of low intensity lights, and lighting that supports the continued use of the Mt. Palomar
HOUSING ELEMENT
The City has an adopted and certified Housing Element for the period of 2014 to 2021 (5t' cycle)
and pursuant to Government Code Section 65400, is required to prepare and submit an Annual
Progress Report (APR) to the California Department of Housing and Community Development
(HCD) and the Governor's Office of Planning and Research (OPR) Department. The APR
includes information on the jurisdiction's progress in addressing the Regional Housing Needs
Allocation (RHNA), including the number of housing units permitted by income level, number of
units entitled, and the status of programs identified within the Housing Element. The APR must be
considered by the City Council at a public meeting prior to submitting it to HCD and OPR by April
1st of each year. As required by law, the 2021 Housing Element Annual Progress Report
9 1 P a g e
(Appendix A) was submitted to HCD on April 1, 2022. There are no penalties for resubmitting the
annual progress report past the April 1 st date if the City Council wishes to revise the report.
The Housing Element is intended to identify and establish City policies with respect to meeting the
housing needs of existing and future residents in the City. It establishes policies that will guide
City decision -making and sets forth an action plan to implement its housing goals. The
commitments are in furtherance of the statewide housing goals of early attainment of decent
housing and a suitable living environment for every California family, as well as a reflection of the
concerns unique to the City of Temecula.
Regional Housing Needs Allocation
In accordance with Government Code Section 65584, the City is required to submit an annual
progress report of the City's efforts in addressing our portion of the RHNA allocation as delineated
in the Housing Element. The reporting spreadsheets are much different than in years past due to
the passage of AB 879 and SB 35 of the 2017 California Housing Package, as well as AB 1486
Surplus of Land (2019), and AB 1233 Housing Element: Regional Housing Need (2020) added
new data requirements for the Housing Element Annual Progress Report. These changes are
reflected in the new APR form and instructions.
As a point of clarification, the RHNA allocation numbers are applicable to all income categories,
and not just the extremely low and very low categories. The City is required to plan for housing
across all income categories, and every residential unit built in the City counts towards our RHNA
allocation. However, the City is not mandated to ensure that all of its RHNA units are actually
built. The City is only required to demonstrate to HCD that adequate sites are properly zoned to
accommodate affordable housing. This was accomplished with the adoption and certification of
2021-2029 Housing Element (Resolution No. 21-2029) and the 2018 Affordable Housing Overlay
Zone (AHOZ) (Resolution No. 18-09).
The following table shows the City's 2021-2029 RHNA allocation for the City:
M
Total
Total
Allocatlo
ll nit3 to
Remaining
Income Level
n by
2013
2014
2015
2016
2017
2418
2019
2020
202T
RHNA by
Income
pate (all
Income
I -Iyears)
Level
-
Restricted
375
15
3so
-
Very Low
Restricted
-
Restricted
251
-
Low
Restricted
Deed
-
-
-
-
-
-
-
-
-
Restricted
271
15
a5s
NanDeed
-
-
-
-
15
-
-
-
-
Moderate
Restricted
Above
Moderate
596
-
383
223
299
84
90
209
266
378
1,962
-
Total RHNA
r 1,493
Total Units f - f 383 f 223 f 299 f 114 f 90 f 209 f 286 f 378 f 1,982 f 867
101Page
2021 Reuortin2 Analysis
Since the adoption of the 2021-2029 Housing Element by City Council, the Community
Development Department has prepared and submitted to HCD and OPR the required annual
reports. The new APR form (2018-2021) is broken down in the following manner:
Table A Housing Development Applications Submitted
Table A2 Annual Building Activity Summary — New Construction, Entitled, Permits and completed units
Table B Regional Housing Needs Allocation Progress — Permitted Units Issued by Affordability
Table C Sites identified or Rezoned to Accommodate Shortfall Housing Need
Table D Program Implementation Status
Table E Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites
Table F Commercial Development Bonus Approved
Table G Locally Owned Site
Table H Locally Owned Surplus Land Inventory
Summary Full Summary of the Tables
LEAP Local Early Action Planning (LEAP) Reporting
As mentioned above, the APR form has changed, and staff has included all that applies to our
jurisdiction. In 2021, staff processed 13 Housing Applications totaling 571 proposed units. The
proposed units were approved by the Planning Commission, City Council or through an
administrative review, as required. Staff issued a total of 464 building permits for variety of
housing types, please see Appendix A for full details.
As required by law, the attached 2021 Housing Element Annual Progress Report was submitted to
HCD on April 1, 2021. There are no penalties for resubmitting the annual progress report past the
April 1 st date if the City Council wishes to revise the report.
In conclusion, this 2021 Annual Progress Report serves to comply with State requirements to report
annually on the progress of the General Plan implementation including specific requirements for
reporting on the City's Housing Element and reflect the many accomplishments towards
implementing the City of Temecula's General Plan.
COMPLIANCE WITH OPR GENERAL PLAN GUIDELINES
The City of Temecula comprehensively updated the Temecula General Plan in April 2005. Since
that time, the state has adopted new required elements through direct statue or indirect means (such
as making elements required for future funding/grant opportunities). The below table provides a
glance at the City's compliance with OPR's General Plan Guidelines by labeling elements as
compliant, in compliance under old guidelines, or out of compliance.
Status Legend
® Compliant
In compliance under old guidelines, updates needed or may be needed
• Out of compliance
111Page
State Elements City Elements Status Notes
Pursuant to Senate Bill ("SB") 743, the City will
adopt VMT thresholds in 20202 to meet the State
mandated July 1, 2020 deadline. Future General Plan
updates will incorporate additional "Complete
Circulation Circulation
Street" requirements. The City has also started
interregional efforts to address circulation issues on
the I-15 corridor' that are outside the City's regular
area of responsibilities. I-15 congestion continues to
be a major concern in the region and the City will
continue to advocate for transportation solutions.
The City will update the Conservation Element to
address any possible deficiencies. The City is a
Conservation
Open Space
participant in the Western Riverside County
Conservation
MultiSpecies Habitat Conservation Plan (MSCHP)
as well the San Diego Regional Water Control
Board's MS4 permit.
he City adopted its Housing Element (6' Cycle), on
Housing
Housing
February 8, 2022.
The City adopted its 6t' Cycle Housing Element on
February, 8 2022. The City also has incorporated
form -based Specific Plans that include mixed -land
Land Use Land Use
uses and increased density in Old Town Temecula
and Uptown Temecula.
The City is compliant with Noise element
Noise
Noise
0
requirements.
The City is a participant in the Western Riverside
Open Space
Open Space
County Multi -Species Habitat Conservation Plan
Conservation
Is
(MSCHP) as well the San Diego Regional Water
Control Board's MS4 permit.
-7-
Safety Public Safety
JKn updated Safety Element was adopted with the
Housing Element on February 8, 2022.
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80B53ABA034AD5C0
3 https://temeculaca.ciov/1228/Move-1-15-Through-Temecula-Valley-Reg-Ta
121Page
The City of Temecula elected to include this optional
element, as it is not required by statue. A future
Not required Air Quality update will be necessary to ensure the latest data is
incorporated into the General Plan. GHG analysis
will be required.
This optional element, while compliant, may warrant
Not required Community Design updating to reflect substantial changes in the
community's population since 2005.
Not required
Economic
Development
•
Growth
Not required Management
Public Facilities
The City has achieved or is on -track to achieve many
of the economic goals outlined in the General Plan.
This includes developing the SR-79 south corridor,
further development of Old Town Temecula, the
expansion of lodging along the freeway, and the
recycling of old commercial centers (Uptown
Temecula Specific Plan). Updates may be needed to
reflect progress on these goals and the City may need
to adopt new goals.
The City's optional Growth Management/Public ju
Facilities element ensures that equitable, sustainable,
and efficient growth occurs within the City. This
includes addressing level of service issues related to
service providers (water, sewer, trash, etc.), public
safety, and physical facilities.
131Page
COMPLIANCE WITH OTHER OPR GUIDELINES
Environmental Justice
According to the below map generated by CalEPA, the City of Temecula does not contain any SB
535 Disadvantaged Communities. The City does contain AB 1550 Low-income Communities. As
the City updates the General Plan, the City will comply updated Environmental Justice
requirements.
SB 535
Santa Rasa TEMECV
Pk�t�au VA i L E Y
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� Teme�_�
513 535 Disadvantaged L u t v
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AB 1550 Law -income p P �}
Communities; ;
513 535 Disadvantaged ice, F'rt�
Communities and AB 1550 Low- r
income Communities
AB 1550 Law -income
Communities within a 1/2 mile of
a 515 535 Disadvantaged
Community�r:.�,��
County of Riverside; Bureau of Land klanagement...f n ;�11
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Military Lands and Facilities
According to the California Military Land Use Compatibility Analyst (CMLUCA) map (available
on the next page), the City of Temecula does contain any military installations, training routes, or
special air space. Additionally, the City is not located within 1,000 feet of any military installations.
Even so, the City recognized Marine Corps Base Pendleton in the current General Plan, with a
focus on the former San Onofre Nuclear Generating Station (SONGS)4. The City has also engaged
with the San Diego Regional Military Working Group (with SANDAG) and other SANDAG
border liaisons to address the critical infrastructure needs along the I-15 corridor. During recent
4 https://temeculaca.ciov/DocumentC enterNiew/288/Public-Safety-PDF?bidld=
141Page
studies, the City identified a significant number of military personnel who travel from Temecula
and other adjacent cities to various bases within San Diego County.
California Military Land Use Compatibility Analyst
'•IMILITARY BASES
71
Mum eta k0ta y erancnes
\\ AIR FORCE ■
ARMY ■
T COAST GUARD
MARINE CORPS ■
\ NAVY ■
FLIGHT PATHS
4IL
IHTR m Cahlomia
IR- Instrument Route
rook ■
SR -Slow Route
U VR- Visual Route ■
NOTrainiiog Routes l�, AIR SPACE -
No Mlnafy IIrsWllaCore
No Special Air ,
SUA in Calibmo
Esri, HERE, Garmin; (c) OpenStreetMap jqA ti dJW,___
Copyright ®2010 State of Cayfomia, Alert
Figure 3: http://Cmluca.gis.ca.govl
Consultation with Native American Tribes
The City of Temecula consults with local tribes on a regular basis in compliance with AB 52 and
SB 18 requirements. This is tracked by using the City's enterprise permitting system. In addition
to regular consultation, the City holds quarterly meetings with one tribe to collaborate on upcoming
projects. Finally, the City continues to work with our local tribal partners to achieve goals, policies,
and plans identified in the General Plan. In a recent instance, the Pechanga Band of Luiseno Indians
contributed $14.5 million dollars to a General Plan (Circulation Element) identified interchange
improvements.
HOUSING ELEMENT 2021 ANNUAL PROGRESS REPORT
5 https://temeculaca.ciov/ArchiveC enterNiewFile/Item/129
151Page
Please see Appendix A for the City's Housing Annual Progress Report.
161Page
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
1
2
3
4
Income Level
RHNA Allocation
by Income Level
2013
2 2015
2016
2017
2018
2021
Total Units to
Date (all years)
Total Remaining
RHNA by Income
Level
Very Low
Deed Restricted
375
15
15
ssg
Non -Deed Restricted
Low
Deed Restricted
251
-
251
Non -Deed Restricted
Moderate
Deed Restricted
271
15
25e
Non -Deed Restricted
15
Above Moderate
596
383 223
2991
841
901
209 286 378
1,952
Total RHNA
Total Units
1,493
3781 1,9821 867
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Jurisdiction Temecula
Reporting Year 2021 (Jan. 1 - Dec. 31)
Table D
Program Implementation Status pursuant to GC Section 65583
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
1
2
3
4
Name of Program
Objective
Timeframe in H.E
Status of Program Implementation
Land Use Element and
Provide a range of residential development
In September 2018, the City adopted the Affordable Housing Overlay (AHO). The AHO
Development Code
opportunities through appropriate land use
identified 44 parcels which total just over 100 acres, and can accommodate the City's
designations.
10/15/2014
mandated affordable housing needs of 2,007 units for affordable households.
Additionally, staff continued to encourage opportunities for senior and affordable housing
projects throughout 2020.
Sites for Emergency
Provide for sites for the development and
The City and nonprofit organizations continued to work together to provide resources for
Shelters
opportunities for the provision of housing for
homeless people seeking shelter in 2020. Several nonprofit agencies continued to
the homeless.
Ongoing
provide a provision of services including temporary inclement weather shelter and other
housing options for homeless in the Temecula Valley area. The City also actively
participates in Riverside County Continuum of Care 10-year plan to end homelessness.
Sites for Transitional/
Provide for sites for the development and
On April 23, 2013 the City completed a Zoning Code amendment and adopted an
Supportive Housing
opportunities for the provision of short- to
01/31/2015
Ordinance permitting transitional housing, supportive housing, residential care facilities,
moderate- length stay affordable housing.
9 Y g�
and efficiency unit housing in residential zones subject to the same permit processing
Y 9� 1 p p 9
procedures as other housing in the same zone.
Density Bonus Ordinance
Encourage the provision of senior
In September 2018, the City updated its Density Bonus Ordinance (DBO) to conform with
/affordable housing development by
Government Code Section 65915. The DBO encourages the production of affordable
continuing to implement the Density Bonus
housing by authorizing the City to grant an increase to the maximum allowable residential
Ordinance.
10/31 /2014
densityfor eligible projects, and to support the development of eligible projects at greater
residential densities by granting incentives, concessions, waivers, and/or reductions to
applicable development regulations. In 2020, City staff continued to encourage density
bonus opportunities by offering the option to developers to take advantage of the density
bonus provisions.
Land Assemblage and
Assist with the development of affordable
The City has been unable to purchase land for contribution to affordable housing
Affordable Housing
housing by acquiring land for the
developments since the dissolution of CA Redevelopment Agencies in 2011. In 2012,
Development
development of low- and moderate -Income
after the dissolution of Temecula Redevelopment Agency (RDA), the City took ownership
housing.
of all affordable housing assets. Currently, there is $12.5 million in Tax Allocation Bond
Proceeds that may be used for affordable housing. The City released a Request for
Ongoing
Proposal (RFP) in mid-2015 soliciting for affordable housing development proposals
regarding a number of housing options — transitional, supportive, special needs,
senior/veteran, and working -family affordable. The City continued to facilitate the
development of housing units affordable to lower -income households by making the
bond proceed information available to developers and nonprofit housing agencies
through the development application process.
Second Unit Ordinance
Facilitate the development of affordable
In 2020, the City adopted an Ordinance to amend Title 17 of the Temecula Municipal
housing through the construction of second
Code to update the language pertaining to Assessory Dwelling Unit (ADU) to be
units.
Ongoing
consistent with Government Code Section 65852.2. The ADU Ordinance allows for
second dwelling units in all residential zoning districts where there is an existing single-
family detached dwelling unit. The City continued to allow and promote the construction
of second units in 2020.
Mortgage Credit Certificate
Assist first time home buyers by promoting
The MCC Program is administered by the Riverside County Economic Development
(MCC) Program
the regional Mortgage Credit Certificate
Annually
Agency (EDA). The City has not been contacted by the County EDA within the last three
Program.
years to participate.
First Time Home Buyer
Assist lower -income first time home buyers
The City did not fund FTHB loans during the 2020 reporting period. As a result of the
Program
with the purchase of a home through the
dissolution of CA Redevelopment Agencies per ABX1 26, the City no longer offers a
use of loan assistance.
FTHB program. In 2013, the City was working with Riverside County to enter into a
Ongoing
HOME Consortium Agreement to reinstate the program for the Temecula community.
However, the Consortium was not able to be formed due to a lack of approved
participating jurisdictions in order to meet the minimum program formula requirements.
Housing for Extremely Low-
Encourage and facilitate housing suitable
The City continued to encourage the development of housing for extremely low-income
Income Households
for extremely low-income households.
households through a variety of activities, such as conducting outreach to housing
developers regarding future SARDA financial assistance and partnership and expedited
Ongoing
entitlement processing. The City continued to identify grant funding opportunities, and
apply for applications for funding of temporary shelter and a provision of services for low-
income individuals and families. The City continued to review and prioritize local funding,
such as CDBG to assist in this area where feasible.
Energy Conservation
Encourage the use of energy conservation
The City continued to require energy conservation measures in residential construction
features in residential construction and
Ongoing
and remodeling, by implementing the State's energy conservation standards (e.g., Title
remodeling.
24 Energy Standards) through the plan review process for all new building construction
permits.
Development Fees
Reduce the cost of affordable/senior
The City continued to evaluate opportunities to reimburse City fees for appropriate
Reimbursement
housing development through the
Ongoing
housing developments, but did not enter into any new agreements to provide
reimbursement of development fees.
development fee reimbursement in 2020.
Expedite Processing of
Continue to expedite processing of
The City continued to implement as short a time frame as possible for affordable housing
Affordable Housing Projects
affordable housing projects.
Ongoing
projects. One project, Las Haciendas Apartments went through the entitlement process
and was approved in 2020.
Periodic Consistency Review
Conduct biannual review to ensure
The City continued to track and stay abreast of changes in state housing law which
of General Plan, Municipal
consistency with legislative and regulatory
would require amendments to the General Plan and Municipal Code. The City updated
Code, and State Law
amendments, new state laws, and case law
Biannually
it's Development Code, adopting the Affordable Housing Overlay and Density Bonus
interpretations.
Ordinance in 2018. The City continues to review state law to identify areas of the
Development Code and General Plan that may need amending to maintain consistency
with state law.
Preserve At -Risk Housing
Encourage the continued affordability of at-
The City continued to work with interested parties to renew the covenants on any
Units
risk housing units to preserve existing
Annually
expiring affordable restrictions.
affordable housing opportunities.
Code Enforcement
Maintain the existing housing stock through
The City has adopted the 2016 California Building Code and actively conducts annual
the enforcement of the UBC.
Ongoing
property inspections for affordable housing projects that are/were funded with
RDA/SARDA funds.
Residential Improvement
Assist with the rehabilitation of existing
The City did not fund any RIP loans during the 2020 reporting period; however, the City
Program (RIP)
single- and multi -family lower -income
did fund a new housing rehab program through its Fiscal Year 2016-17 CDBG program.
housing units through the use of loan and
Ongoing
Total funding, in the amount of $31,470, was approved for a subrecipient (Habitat for
grant programs.
Humanity) to administer the improvement program for 7 housing units during the fiscal
year.
Section 8 Rental Assistance
Support the County of Riverside's Section 8
The Section 8 Rental Assistance Program is administered by the Riverside County
Program
Rental Assistance Program.
Ongoing
Housing Authority. The City continued to provide information about the Section 8 rental
assistance voucher/certificate program to potential tenants in 2020.
Mobile Home Assistance
Avoid the loss of affordable housing within
No residents pursed MPAP funds during the 2020 reporting period.
Program (MPAP)
mobile home parks due to the closure of
existing parks by providing technical
Ongoing
assistance to lower -income mobile home
park residents pursing MPAP funds.
Equal Housing Opportunity
Promote equal opportunities for housing by
participating in the Riverside County
Consortium.
Ongoing
The City continued to work with and fund the Fair Housing Council of Riverside County in
implementing the fair housing plan, disseminate information regarding fair housing
services, and provide referrals to the fair housing program in Riverside County. In 2018,
the Fair Housing Council of Riverside County promoted fair housing by advertising in
local media, attending community events in Riverside County, and distributing fliers to
locations in Temecula. In July, City CDBG staff participated in a community outreach
event and presented fair housing information. The event was advertised in the local
Temecula newspaper, online, and on local cable access television.
Housing Referral Directory
Assist community members in locating
housing that meets the individual's needs.
Ongoing
The City continued to offer housing referral services through the Housing Referral
Directory number, 211, and to local non-profit shelter and service providers.
Housing for Persons with
Disabilities
Analyze and determine whether there are
constraints on the development,
maintenance, and improvement of housing
for persons with disabilities.
Annually
The City continued to enforce the Reasonable Accommodation Ordinance adopted in
2011, but has not processed a specific project requiring implementation and consistency
findings to be made to remove constraints.
Employee Housing
Review and if needed amend the Temecula
Municipal Code to address the Employee
Housing Act, especially California Health
and Safety Code Section 17021.5 and
17021.6.
01/31/2015
The City began review of the Temecula Municipal Code to define and permit employee
housing providing accommodations for six or fewer employees. Employee housing shall
be deemed a single-family structure with a residential land use designation. Review of
the amendments is still underway.
Item No. 9
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: March 22, 2022
SUBJECT: Approve an Agreement for Consultant Services with Ascent Environmental, Inc.
for the Preparation of a Subsequent Environmental Impact Report (SEIR) for the
Temecula Valley Hospital Master Plan Update (PA22-0105)
PREPARED BY: Brandon Rabidou, Senior Management Analyst
RECOMMENDATION: That the City Council approve the Agreement for Consultant
Services with Ascent Environmental, Inc., in the amount of $307,133, with a 10% contingency of
$30,713, for a total agreement of $337,846, for the preparation of a Subsequent Environmental
Impact Report (SEIR) for the Temecula Valley Hospital Master Plan Update.
BACKGROUND: The City is currently processing an update to the Temecula Valley
Hospital Master Plan (Planning Application No. PA22-0105). In accordance with the California
Environmental Quality Act (CEQA), Ascent Environmental, Inc. will prepare a Subsequent
Environmental Impact Report (SEIR) for the proposed project that will include analysis in the
following areas:
• Aesthetics
• Air Quality/Greenhouse Gases/Energy
• Biological Resources
• Cultural and Historic Resources/Tribal Cultural Resources
• Geology and Soils
• Hazards
• Hydrology and Water Quality
• Land Use and Planning
• Noise
• Public Services and Utilities
• Fire Protection Services
• Law Enforcement Services
• Traffic and Transportation
• Wildfires
FISCAL IMPACT: There will be no fiscal impact to the City. The applicant deposited
sufficient funds to cover the cost of services.
ATTACHMENTS: 1. Agreement
2. Ascent Environmental, Inc. Proposal
AGREEMENT FOR CONSULTANT SERVICES BETWEEN
CITY OF TEMECULA AND ASCENT ENVIRONMENTAL, INC.
TEMECULA VALLEY HOSPITAL MASTER PLAN UPDATE SUBSEQUENT
ENVIRONMENTAL IMPACT REPORT (SEIR) (PA22-0105)
THIS AGREEMENT is made and effective as of March 22, 2022, between the City of
Temecula, a municipal corporation (hereinafter referred to as "City"), and Ascent
Environmental, Inc., a Corporation, (hereinafter referred to as "Consultant"). In consideration
of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on March 22, 2022, and shall remain and continue in
effect until tasks described herein are completed, but in no event later than June 30, 2025, unless
sooner terminated pursuant to the provisions of this Agreement.
The City may, upon mutual agreement, extend the contract for three (3) additional one (1)
year terms. In no event shall the contract be extended beyond June 30, 2028.
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.
4. PAYMENT
a. The City agrees to pay Consultant monthly, in accordance with the
payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates
and Schedule, attached hereto and incorporated herein by this reference as though set forth in
full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the
payment rates and schedule of payment, are null and void. This amount shall not exceed three
hundred seven thousand one hundred thirty-three dollars and zero cents ($307,133.00),
plus 10% Contingency of thirty thousand seven hundred thirteen dollars and zero cents
($30,713.00) for a total not to exceed Agreement amount of three hundred thirty-seven
thousand eight hundred forty-six dollars and zero cents ($337,846.00) for the total term of
this agreement, unless additional payment is approved as provided in this agreement.
b. Consultant shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth herein,
unless such additional services are authorized in advance and in writing by the City Manager .
Consultant shall be compensated for any additional services in the amounts and in the manner
08/09/2021
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. The City Manager may approve additional work up to ten percent (10%) of
the amount of the Agreement as approved by Choose an item. Any additional work in excess of
this amount shall be approved by the Choose an item.
d. 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, 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. 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.
6. 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.
7. OWNERSHIP OF DOCUMENTS
08/09/2021
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.
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 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.
9. 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.
08/09/2021
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.
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.
d. Deductibles and Self -Insured Retentions. Any deductibles or self -insured
retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000).
e. 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
Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased,
hired or borrowed by the Consultant. The coverage shall contain no special limitations on the
scope of protection afforded to the City of Temecula, the Temecula Community Services District,
the Successor Agency to the Temecula Redevelopment Agency, their officers, officials,
employees or volunteers.
2) For any claims related to this project, the Consultant'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.
08/09/2021
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.
f. 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.
g. 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.
10. INDEPENDENT CONTRACTOR
a. Consultant is and shall at all times remain as to the City a wholly
independent contractor. The personnel performing the services under this Agreement on behalf
of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City
nor any of its officers, employees, agents, or volunteers shall have control over the conduct of
Consultant or any of Consultant's officers, employees, or agents except as set forth in this
Agreement. Consultant shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner officers, employees or agents of the City.
Consultant shall not incur or have the power to incur any debt, obligation or liability whatever
against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with
the performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing
services hereunder for City. City shall not be liable for compensation or indemnification to
Consultant for injury or sickness arising out of performing services hereunder.
11. 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.
12. RELEASE OF INFORMATION
08/09/2021
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.
13. NOTICES
Any notices which either party may desire to give to the other party under this Agreement
must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable
document delivery service, such as but not limited to, Federal Express, that provides a receipt
showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage
prepaid, return receipt requested, addressed to the address of the party as set forth below or at
any other address as that party may later designate by Notice. Notice shall be effective upon
delivery to the addresses specified below or on the third business day following deposit with the
document delivery service or United States Mail as provided above.
Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Consultant: Ascent Environmental, Inc.
Attn: Eric Ruby
1230 Columbia Street, Suite 440
San Diego, CA 92101
14. 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.
15. 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.
O8/09/2021
16. 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.
17. 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.
18. 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.
19. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and
represents that he or she has the authority to execute this Agreement on behalf of the Consultant
and has the authority to bind Consultant to the performance of its obligations hereunder. The City
Manager is authorized to enter into an amendment on behalf of the City to make the following
non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c)
non -monetary changes in scope of work; (d) agreement termination.
08/09/2021
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
By:
Matt Rahn, Mayor
ATTEST:
By.
Randi Johl, City Clerk
APPROVED AS TO FORM:
By:
Ascent Environmental Inc.
By:
#0aVbs, President
By:
C ris Mundhenk, Principal
Peter M. Thorson, City Attorney CONSULTANT
Ascent Environmental. Inc
Attn: Eric Ruby
1230 Columbia Street, Suite 440
San Diego, CA 92101
(760) 801-7040
Eric. rubvCa)ascentenvironmental.com
City Purchasing Mgr.
Initials and Date:
1pl7i%
08/09/2021
EXHIBIT A
Tasks to be Performed
All tasks to be performed are per the proposal provided by the Consultant attached
hereto and incorporated herein as though set forth in full.
08/09/2021
EXHIBIT B
Payment Rates and Schedule
Cost for services shall be as per Contractors proposal attached hereto and incorporated
herein as though set forth in full but in no event shall the total cost of services exceed
$337,846.00 for the total term of the Agreement unless additional payment is approved as
provided in the Payment section of this Agreement.
10
08/09/2021
January 13, 2022
Mr. Scott Cooper
Associate Planner
City of Temecula
Community Development Department
41000 Main Street
Temecula, CA 92590
7or4Me
ENT
N7AL
Subject: Proposal for Temecula Valley Hospital Master Plan Update Subsequent
Environmental Impact Report (SEIR)
Dear Scott,
Ascent Environmental (Ascent) understands that the City of Temecula (City) is seeking a consulting firm with the
expertise to prepare a Subsequent EIR for the Temecula Valley Hospital Master Plan Update project, located on
Temecula Parkway/Highway 79 South in the City of Temecula. Ascent principal Eric J. Ruby has been providing
California Environmental Quality Act (CEQA) documentation support to the City for more than 12 years on a variety of
projects, including previous CEQA documents for various components of Temecula Valley Hospital. Our proposal has
been prepared based on information provided by the city and the applicant's team, the City's response to our
questions, and our comprehensive understanding of City of Temecula CEQA requirements.
Ascent has a substantial bench of skilled in-house planning and environmental professionals uniquely capable of
preparing CEQA documents and technical resource studies. This group of talented personnel has the experience,
expertise, longevity, professional commitment, and availability to deliver on any project, small or large. The Ascent
team assembled for this contract is familiar with working on hospital/medical facility projects and is involved with
several of the largest and most controversial CEQA projects in southern California. Our proposal demonstrates the
unique qualifications that make Ascent ideally suited to provide the City with these services.
Why select the Ascent team? Because we have the experience, reputation, and unique abilities that differentiate us
from other project teams:
Extensive Healthcare Project Experience. Ascent has prepared numerous CEQA documents and related
technical studies for healthcare and master plan projects in the city and throughout southern California.
Ability to Streamline the CEQA Process. Ascent prepares legally adequate CEQA documents with the
appropriate amount of environmental analysis and uses a variety of approaches to document and
process streamlining.
i Technical Depth. Our team has a full array of in-house technical expertise, including in the areas of air
quality and climate change, biological resources, noise, stormwater quality, and regulatory permitting.
Ascent's technical experts have the knowledge and experience to provide comprehensive peer review of
technical studies prepared by others.
Responsiveness. We expedite projects and get the job done. Our managers and technical experts
understand specific regulatory processes and project schedules. We are no strangers to adhering to strict
deadlines —without sacrificing quality or legal defensibility.
Ascent Environmental, Inc., 1230 Columbia Street, Suite 440, San Diego, California 92101 Ntoin: 619.219.8000 Fax: 916.444.3927 ascentenvironmental.com
City of Temecula
January 7, 2022
Page 2
Our proposal shall be valid for a minimum of one hundred eighty (180) days.
The Ascent team is ready to provide the City of Temecula with our experienced, responsive, and committed team. As
a principal of Ascent, Eric J. Ruby is authorized to legally bind the firm. We look forward to continuing to provide
environmental consulting services to support the City of Temecula.
Sincerely,
'// 4,
Eric J. Ruby
Principal -in -Charge
e: Eric.Ruby@AscentEnvironmental.com
a: 760.801.7040
Enclosure
cc: Project File (20210169.00)
T(;ICA � r-cw �-
Nicole Greenfield
Project Manager
e: nicole.greenfield@AscentEnvironmental.com
p: 619.509.0674
Technical Approach
This section outlines our technical approach to preparing the SEIR and the proposed CEQA document preparation
and processing timeline. The proposed project is the Temecula Valley Hospital Master Plan Update SEIR project and
envisions the buildout of the project site. The project site was previously mass graded as part of Phase I and
encompasses the Phase I hospital building, construction staging area, helipad, project site access, drainage
infrastructure, and stormwater quality basins. The project is consistent with the City's existing General Plan land use
and zoning designations, and proposes a master plan modification and a PPO amendment. Several previous CEQA
document have been adopted/certified for the project site. The prior certified/adopted CEQA documents will be
incorporated by reference into the SEIR to be prepared for the proposed project.
Based upon a preliminary review of the proposed project and the applicant's technical studies, it is assumed that an
SEIR is the appropriate CEQA document, because mitigation measures may be identified to reduce or eliminated
project impacts. This scope of work assumes that the following applicant provided technical studies and
information related to the project site are available for incorporation into the SEIR. Ascent will peer -review the
technical studies to ensure that they have been adequately prepared to support the SEIR and are legally defensible.
For purposes of this scope of work, it is assumed that modification or supplement of the following applicant -
prepared studies would not be required:
► Architecture and Perspectives/Renderings
► Phase 1 Environmental Site Assessment
► Geotechnical Evaluation
► Preliminary Drainage Report
► Water Quality Management Plan
► Helicopter Noise Study
► Proposed Development Plans/Grading Plans
The following tasks are proposed to prepare and process the SEIR.
Task 1: Project Kickoff Project Description, Meetings
Upon receipt of the notice to proceed, the Ascent principal -in -charge and project manager will meet with City staff
to discuss the project. Ascent's role at the meeting may involve but would not be limited to the following activities:
► Introduce the project team to the applicant team and the assigned City project manager.
► Review the project description information, preliminary plans, and design specifications, phasing
information, construction and operational details, existing relevant technical studies, and any other
pertinent information.
► Identify and outline the applicant's project objectives.
► Discuss the overview of the City's processing needs and finalize the schedule.
► Prepare the draft planning process and project description for City review.
Deliverables
✓ Draft Planning Process and Project Description
✓ Project schedule
Task 2: Prepare Administrative Draft CEQA Initial Study
Ascent will prepare the administrative draft Initial Study (IS), using the City's approved format, for review by the
applicant and City staff. As required by CEQA, the IS will include a description of the project, figures (including a
location map showing the project site boundary, existing zoning and rezoning areas, and General Plan land use
designations, and an Assessor Parcel Number map), and any other pertinent project information, as well as
discussion of the probable environmental effects under the project.
CITY OF TEMECULA 11 TEMECULA VALLEY HOSPITAL MASTER PLAN UPDATE SEIR
The project description will be based on information provided by the applicant and will identify the project location
and setting, site characteristics, the project objectives, and characteristics of the project. It will describe the proposed
land uses, as well as any off-site/right-of-way construction staging areas. This section will also describe the
requested permits and approvals for the project. In addition, the project description will include a discussion of the
past, present, and reasonably foreseeable future projects and activities in the surrounding areas that will serve as
the basis for the cumulative impact analysis.
Based on information included in the request for proposal (RFP), our knowledge of the project area, the nature of
the project and its impacts, and CEQA requirements, we anticipate that the following issues will be addressed in the
IS and carried forward into the SEIR. It is our understanding that cultural resources and wildfire hazards will not be
evaluated in detail in the IS or SEIR.
Aesthetics
Implementation of the project would result in a visual change to the project area. The project area is in a highly
disturbed area, including surrounding developed lands. Ascent understands the often -sensitive topic of visual
resources as it relates to development in proximity to undeveloped landscapes and will prepare a detailed
discussion and analysis of the potential impacts of the proposed land uses.
Tasks
► Evaluate the project site for potential impacts on nearby land uses.
► Identify cumulative impacts.
► Determine the significance of potential project impacts on the existing visual character of the area.
► Discuss features included in the project (if any) that reduce visual impacts.
► As appropriate, identify additional or alternative measures to avoid or reduce any potentially significant
effects to a less -than -significant level.
► Develop mitigation measures in consultation with the City, as appropriate.
Air Quality/Greenhouse Gases/Energy
A threshold -level air quality/GHG assessment will be prepared. Construction and operation emissions are
anticipated to be nominal and within established thresholds because of the previously graded nature of the site
and the phasing of construction employees that would likely be associated with the proposed project. The City of
Temecula does not have a "qualified" climate action plan, although the City is part of the Western Riverside Council
of Governments Subregional Climate Action Plan. The City maintains a citywide sustainability plan.
Tasks
Include the following information in the study to ensure that the IS/SEIR analysis is legally adequate:
► Describe local and regional climate, meteorology, and topography because they affect the accumulation
or dispersal of air pollutants.
► Conduct a daily inventory of criteria air pollutant emissions for the proposed project construction and
operation using the CalEEMod air quality model.
► Evaluate the conformance of the project with the air quality management plan and determination of
whether identified air quality impacts would meet any South Coast Air Quality Management District
thresholds of significance.
► Prepare the IS/SEIR air quality, GHG and energy sections, and determine impacts that could occur because
of the proposed project.
► Identify cumulative impacts and discuss the potential for cumulative development to adversely affect air
quality or impede attainment of air quality goals.
► Identify practical, feasible, and clear measures to mitigate any adverse impacts of the project on air quality
that are identified in the analysis. Develop mitigation measures in consultation with the City as appropriate.
► Identify energy consumption and conservation measures.
CITY OF TEMECULA 11 TEMECULA VALLEY HOSPITAL MASTER PLAN UPDATE SEIR
Biological Resources
This scope of work assumes, because of the previous on -site grading and construction of facilities, that there are no
significant biological resources on the project site. A formal biological resource assessment is not proposed to be
prepared for the IS/SEIR. However, a cursory IS checklist review, including a Natural Diversity Data Base (NDDB)
search and site walkover (Burrowing Owl) will be completed to document the lack of on -site biological resources.
Cultural and Historic Resources / Tribal Cultural Resources
In accordance with discussions with city staff a Phase 1 detailed cultural resources investigation is required for this
project. Ascent and ASM Affiliates will assist the City with Tribal Cultural Resources consultation as required.
Tasks
► Using existing available information, identify any documented archaeological resources subject to direct or
indirect impacts from the project as required under State CEQA Guidelines Section 15064.5.
► Complete the IS checklist cultural resource section.
► Incorporate the results of the City's Assembly Bill (AB) 52 Native American consultation into the IS.
► Identify City of Temecula standard mitigation measures to mitigate any potential adverse impacts of the
project on cultural resources.
► To comply with CEQA, ASM will first perform a records search and literature review. ASM will contact the
Eastern Information Center (EIC) to obtain information on any previously conducted archaeological
projects and previously documented cultural resources located within a 1/2-mile radius of the defined
project area. For any such studies or resources, the EIC will provide reports and available documentation,
including California Department of Parks and Recreation (DPR) 532 site records. Other sources of
information that will be consulted, as available, will include published and unpublished documents and
materials available from related historical societies and archives. The results of the archival research will be
synthesized to provide a background of prior activities and known resources within the project area. ASM
will also request a search of the Sacred Lands File (SLF) by the Native American Heritage Commission
(NAHC) to identify any areas of Native American heritage significance located within the study area.
► ASM will conduct an archaeological survey/site visit of the project location. Field investigations will be
conducted by a qualified archaeologist. ASM's Project Manager and additional qualified staff will be
responsible for the technical quality of fieldwork, for the direct on -the -ground supervision of all aspects of
fieldwork and data gathering, for proposing resource evaluations and recommendations for further
treatment, and for preparing field records and descriptive reports. For the purposes of this project, ASM
assumes the survey will be negative, that we will not make any determinations on the project's potential to
affect historic properties.
Geology and Soils
A brief geotechnical analysis will be prepared from the available applicant -provided technical study and City GIS
information.
Tasks
► Include the following information in the geotechnical evaluation to ensure the IS/SEIR analysis is legally
adequate:
► Geotechnical hazards and potential project effects on existing proximal groundwater basin characteristics.
► Prepare the geology and soils section based on an approved geology/soils characterization. Determine
impacts that could occur because of the proposed project.
► Identify practical, feasible, and clear measures to mitigate any adverse impacts of the project associated
with geology and soils that are identified in the analysis.
Hazards
Ascent will evaluate potential hazards related to implementation of the project. The project site has been previous
mass graded, and it is not anticipated that the project would generate industrial wastes or toxic substances during
construction and/or operation.
CITY OF TEMECULA 11 TEMECULA VALLEY HOSPITAL MASTER PLAN UPDATE SEIR
Tasks
► Summarize applicable federal, state, and local hazardous waste regulations as they pertain to the project
and the project area.
► Determine impacts that could occur because of the project.
► Identify practical, feasible, and clear measures to mitigate any adverse impacts of the project associated
with hazards that are identified in the analysis.
Hydrology and Water Quality
Project development has the potential to alter on -site drainage and surface water quality. The technical hydrology
study prepared by the project applicant will be peer -reviewed and incorporated into the IS/SEIR.
Tasks
► Describe existing site conditions, including watershed, hydrology, groundwater, and sediment yield
characteristics; regulatory background; potential surface runoff, flooding and sediment yield; and
mitigation measures, if required.
► Identify cumulative impacts and discuss the potential for cumulative development to adversely affect
hydrological resources and water quality.
► Identify practical, feasible, and clear measures to mitigate any adverse impacts of the project associated
with hydrological resources and water quality that are identified in the analysis.
Land Use and Planning
The project is consistent with the existing General Plan and zoning designations for the site. The project features
could be incompatible with existing or planned surrounding land uses or could conflict with surrounding land use
designations or relevant zoning.
Tasks
► Discuss the relationship of existing and proposed uses of the project site with existing and planned uses of
surrounding properties. Discuss consistency with the City's General Plan, zoning, and other relevant
planning programs.
► Identify existing and proposed land uses within and adjacent to the project site, including regional trails.
► Identify any inconsistencies with local or regional land use policies. Recommend mitigation measures to
improve compliance with local land use policies.
Noise
An acoustical/noise technical analysis will be prepared to evaluate temporary and permanent noise impacts
associated with the project. In addition, the applicant's helicopter noise consultant's report will be peer reviewed
and incorporated into the IS/SEIR.
Tasks
Include the following information to ensure that the IS/SEIR noise analysis is legally adequate:
► Noise -sensitive land uses or activities in the vicinity of the proposed project site that would be affected by
development of the project will be identified.
► The mix and duration of proposed construction equipment and operations.
► Evaluate the potential for on -site construction activities to temporarily affect nearby sensitive receptors.
► Conduct a peer review of the helicopter noise report and once approved, incorporate helipad arrival and
departure noise into SEIR.
► Prepare the IS/SEIR noise section based on Ascent project, and applicant -prepared helicopter noise study
and supplemented by Ascent's noise specialist for other project -generated noise sources (e.g., operational
traffic, stationary sources, vibration). Determine noise impacts that could occur because of the project.
► Identify practical, feasible, and clear measures to mitigate any adverse noise impacts of the project that are
identified in the analysis. Develop mitigation measures in consultation with the City as appropriate.
CITY OF TEMECULA H TEMECULA VALLEY HOSPITAL MASTER PLAN UPDATE SEIR 4
Public Services and Utilities
The proposed project could result in an extension of, and demand for additional utilities/services. The project would
not generate an increased demand on schools, parks, or other public facilities.
Tasks
► Describe existing public services and utilities.
► Identify impacts to public services and utilities.
► Identify measures to mitigate potential impacts on service providers and to minimize security hazards.
Fire Protection Services
The project site is not located in a high fire hazard area with limited access. The fire protection assessment will
include the following tasks:
► In consultation with the Temecula Fire Department, describe the increased demand for fire protection and
for equipment and facilities that would result from the proposed project. Discuss the department's ability
to serve these needs and maintain adequate service levels throughout the area.
► Identify measures to mitigate potential impacts on fire protection and emergency medical service
providers and to minimize fire hazards.
► Identify practical, feasible, and clear measures to mitigate any adverse impacts of the project that are
identified in the analysis. Develop mitigation measures in consultation with the City as appropriate.
Law Enforcement Services
The project site is in Temecula where law enforcement services are provided through a contract between the City
and the Riverside County Sheriff's Department. The assessment will include the following tasks:
► Describe potential public safety or security problems associated with the project, including emergency
access.
► Identify measures to mitigate potential impacts on police service providers and to minimize security
hazards.
Traffic and Transportation
A Traffic Impact Analysis (TIA) and VMT Assessment will been prepared for the project by LLG. Project
implementation is expected to result in impacts on traffic/Vehicle Miles Traveled and access along adjacent
roadways in the project vicinity. The IS/SEIR and will include the following tasks:
► Prepare a TIA and VMT analysis which will document the existing roadway striping, traffic control
measures, curbside parking restrictions, adjacent intersection configurations, and other pertinent roadway
features.
► Summarize the trip generation forecast for the critical access and staging areas associated with the project
(construction traffic) for a typical weekday over a 24-hour period, as well as for the a.m. and p.m. peak
hours. Identify any lane closures associated with construction activity for the study intersections and street
segments.
► Summarize the capacity of the study area roadways, and prepare a VMT summary analysis.
► Detailed scope features are summarized as follows:
Part A: Scoping Agreement
► Coordinate with the project team and obtain relevant site plans, aerials, and project data.
► Coordinate with the project team and client and obtain the proposed land use information for the site.
Preparation of Scoping Memo
► Conduct a preliminary trip generation calculation and determine the level of VMT analysis and LOS
Analysis that will be required for the project.
► Prepare a Formal Scoping Agreement for City review.
CITY OF TEMECULA H TEMECULA VALLEY HOSPITAL MASTER PLAN UPDATE SEIR
► Coordinate with the City of Temecula staff to address scoping comments.
► Submit a final Scoping Letter.
Part B: VMT Assessment
VMT Anal
► Obtain current zoning from the Client and determine if the project is consistent with the General Plan or
Community Plan from a land -use and transportation infrastructure perspective. Consistency with local
planning documents is considered consistent with the Regional Transportation Plan/Sustainable
Communities Strategy (RTP/SCS).
► If necessary, review the surrounding land use mix, population density, transportation infrastructure,
mobility options, and project -specific design (i.e., land use type/density/mix, accessibility, TDM measures,
parking, etc.). These elements collectively shape mobility behavior and provide an indication of expected
project VMT.
► Prepare traffic models for the following 4 conditions. Two new models are needed and two are off the shelf
models.
► Baseline
► Baseline with Project
► Cumulative without Project
► Cumulative with Project
► Compare the VMT to the Regional Average.
► Recommend VMT mitigation if necessary though the use of TDM measures.
► Prepare a VMT analysis that details all of the above -mentioned items, our analysis, findings, and conclusions.
Incorporate into the traffic study.
Part C: Preparation of LOS Analysis
Collection, Research, and Baseline Determination
► Visit the project study area to confirm existing conditions with respect to existing site development, local
area development, site access, parking use, and areas of congestion in order to verify our overall
understanding of traffic conditions in the area that might affect this project.
► Conduct Year 2022 street segment counts at up to 15 street segments in the project area.
► Conduct Year 2022 traffic counts during the AM and PM peak periods at up to 15 key study intersections.
The traffic counts will be conducted between the hours of 7:00 AM and 9:00 AM and 4:00 PM and 6:00
PM. These traffic volume data will be utilized in the LOS analysis for the Project.
► Research other nearby developments in the Project vicinity that may contribute to cumulative impacts at
the study area locations.
Project Trip Generation, Distribution & Assignment
► Prepare a trip generation forecast for the proposed Project land use for a typical weekday over a 24-hour
period, as well as for the commuter AM and PM peak hours. Appropriate trip generation credits will also
be applied (i.e. existing land uses on site, mixed -use development, and transit), if applicable. Prepare the
trip generation for each project phase.
► Prepare trip generation forecasts for the cumulative projects for a typical weekday over a 24-hour period,
as well as for the commuter AM and PM peak hours utilizing the SANDAG publication. The AM and PM
peak hour trips expected to be generated by the cumulative projects will be distributed and assigned to
the local street system.
► Develop Existing, Existing + Project, Opening Day without each project phase and with each project phase,
and Cumulative + Project traffic volume forecasts, representing the near -term scenarios that require
analysis.
► Develop a long term traffic volume forecast, consistent with city requirements.
Project Evaluation and Improvement Analysis
All tasks will be completed for each project phase.
CITY OF TEMECULA H TEMECULA VALLEY HOSPITAL MASTER PLAN UPDATE SEIR
► Prepare AM peak hour and PM peak hour Level of Service (LOS) calculations at the study intersections and
segments for the scenarios outlined above.
► Assess the impact of the Project based on the results of the peak hour intersection analyses, the City's LOS
standards and application of the City's significance criteria. Based on this assessment, determine which
intersections (if any) require improvements by the Project.
► Conduct a driveway queuing analysis.
► Identify improvements, which may include intersection and/or signalization improvements, segment
improvements, striping modifications, the addition of auxiliary turn lanes, traffic control/limitations at site
access points, etc. Please note that this proposal assumes the recommended improvement measures can
be adequately described within the text of the report.
Site Access and Circulation Review
► Review the proposed site plan and provide recommendations to address any concerns regarding site
access and circulation. Provide recommendations regarding the location of site access driveways, the
number of driveways, potential turn restrictions, and connectivity with the internal site circulation system.
Also recommend control type and right-turn/left-turn lanes as necessary.
► Conduct a peak hour signal warrant analysis at the appropriate locations.
► Conduct a queueing deficiency analysis at each project driveway.
Active Transportation Review
► Document the existing pedestrian, bicycle, and transit infrastructure along the Project frontage.
► Document the existing pedestrian and bicycle counts at the area intersections.
► Document the existing transit routes serving the Project area.
► Research applicable portions of the local pedestrian, bicycle, and transit planning documents.
► Qualitatively discuss future pedestrian, bicycle, and transit circulation.
Preparation of the LOS Report
► Prepare a draft study in report format that details all of the above -mentioned items, our analysis, findings
and conclusions. The draft report will be suitably documented with tabular, graphic and appendix
materials. The draft report will be submitted for your review and by appropriate members of the team.
► If necessary, revise the draft report once based on team comments, and resubmit a revised draft report to
the Client for the initial submittal to the City of Temecula.
► Prepare for and attend 7 meetings / conference calls.
Wildfire
The project site is in an infill area and is not subject to direct urban-wildland interface wildfire hazards. This will be
indicated in the IS checklist.
The administrative draft IS/SEIR will include high -quality color figures that depict the proposed project and
associated project impacts. All documents shall be provided in editable/unlocked formats, including Word, PDF,
AutoCAD, GIS, and Adobe InDesign.
Deliverables
✓ Draft IS — 3 copies
Task 3: Prepare Administrative Draft Subsequent EIR
If it is determined during preparation of the IS that no significant impacts would result from project implementation
or that identified significant impacts would be reduced to a less -than -significant level through the application of
project design features, a negative declaration (ND) or an MND will be prepared. If it is determined during
preparation of the IS that unavoidable adverse impacts have the potential to occur, an SEIR will need to be
prepared. As we discussed, this scope of work assumes that a SEIR will be the requisite CEQA document. Section
15162 of the CEQA Guidelines outlines SEIR requirements, as follows:
15162. SUBSEQUENT EIRS
CITY OF TEMECULA 11 TEMECULA VALLEY HOSPITAL MASTER PLAN UPDATE SEIR
(a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be
prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of
the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or
negative declaration due to the involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which the project is undertaken which
will require major revisions of the previous EIR or Negative Declaration due to the involvement of new
significant environmental effects or a substantial increase in the severity of previously identified significant
effects; or
(3) New information of substantial importance, which was not known and could not have been known with
the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative
Declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR or negative
declaration;
(B) Significant effects previously examined will be substantially more severe than shown in the previous
EIR;
(C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and
would substantially reduce one or more significant effects of the project, but the project proponents
decline to adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably different from those analyzed in the
previous EIR would substantially reduce one or more significant effects on the environment, but the
project proponents decline to adopt the mitigation measure or alternative.
(E) If changes to a project or its circumstances occur or new information becomes available after adoption
of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subdivision
(a). Otherwise the lead agency shall determine whether to prepare a subsequent negative declaration,
an addendum, or no further documentation.
(F) Once a project has been approved, the lead agency's role in project approval is completed, unless
further discretionary approval on that project is required. Information appearing after an approval
does not require reopening of that approval. If after the project is approved, any of the conditions
described in subdivision (a) occurs, a subsequent EIR or negative declaration shall only be prepared
by the public agency which grants the next discretionary approval for the project, if any. In this
situation no other responsible agency shall grant an approval for the project until the subsequent EIR
has been certified or subsequent negative declaration adopted.
(G) A subsequent EIR or subsequent negative declaration shall be given the same notice and public
review as required under Section 15087 or Section 15072. A subsequent EIR or negative declaration
shall state where the previous document is available and can be reviewed.
Following receipt of City comments, Ascent will make any necessary document revisions and prepare the draft SEIR
for final check and public review.
Deliverables
✓ Administrative draft SEIR— 3 copies
Task 4: Prepare/Distribute Draft CEQA SEIR for Public Review
Subsequent to city review of the administrative draft SEIR, Ascent will prepare the draft SEIR, which will reflect the
final comments from City staff. After the final changes are completed, Ascent will submit a draft IS/EIR to the City to
ensure that the document correctly responds to all comments before it goes to print. Ascent will be responsible for
the preparation of all required CEQA notices, transmittals, and electronic filings and the distribution of the SEIR. The
City will be responsible for the following newspaper publication notices: notice of preparation, notice of completion,
and notice of determination.
CITY OF TEMECULA H TEMECULA VALLEY HOSPITAL MASTER PLAN UPDATE SEIR
Deliverables
✓ Draft SEIR, State Clearinghouse/CEQAnet —15 copies
✓ Draft SEIR, City — 30 copies
✓ Draft SEIR, Distribution List— 50 copies
✓ Evidence of certified mailing of all required copies to State Clearinghouse and applicable agencies —
1 copy
Task 5: Prepare Final SEIR / MMRP
At the conclusion of the SEIR public review period, Ascent will work with the City to obtain and catalog all
comments received on the SEIR. An administrative final SEIR, including revisions to the draft SEIR, any errata, and
the compiled responses to comments using the City's standard format will be prepared, if required.
It is difficult to predict public reaction to the SEIR currently. For the purpose of this proposal and based on our
recent experience, it is estimated that public reaction to the document will be average and that a maximum of 40
hours of technical staff time would be required to respond to comments on the SEIR.
Deliverables
✓ Administrative draft final IS/SEIR —15 copies
✓ Draft & Final MMRP —1 copy
Task 6: Attend Public Hearings
Under this task, Ascent will attend up to two public hearings with the City as required for the project. Ascent
assumes that the public hearings will be virtual. This scope of work assumes that the applicant or the City is
responsible for payment of all filing fees, including the County Clerk and California Department of Fish and Wildlife
CEQA filing fee.
CITY OF TEMECULA 11 TEMECULA VALLEY HOSPITAL MASTER PLAN UPDATE SEIR
Timeline
Ascent can begin work on the project immediately. We will strive to exceed your expectations by serving as a true
extension of City staff. Our management style is proactive, and we will look for opportunities to streamline the
environmental process where feasible.
The Ascent team will manage the project so that the schedule established at the beginning is maintained to the
degree it is under our control. The following table presents our proposed schedule for the Temecula Valley Hospital
Master Plan Update SEIR project. Based on our prior experience, we are fully capable of meeting this schedule. If
any element of the schedule below does not meet your expectations, we would appreciate the opportunity to
discuss with you how we can modify it to meet the City's needs.
The schedule to prepare the SEIR is dependent on the completion of the final project description package and
technical studies prepared by the applicant's team and on the timeframes required by the City and CEQA. The total
overall schedule for the SEIR, including certification action, is expected to take approximately 10 months, as
summarized in the following table. This expectation assumes some overlap on tasks.
IS/SEIR SCHEDULE
Project Description
1 week from receipt of notice to proceed, project information,
and applicant -prepared technical studies
Peer Review of Technical Studies
3 weeks after receipt of technical studies
Administrative Draft IS/SEIR
8 weeks after approval of project description and peer review of
technical studies
Draft IS/SEIR
1 week after approval of administrative draft IS/SEIR
Public Review of IS/SEIR
45 days
Final IS/SEIR/Response to Comments
3 weeks from receipt of all IS/SEIR comments
Cost Summary
The proposed price for preparation of the SEIR for the Temecula Valley Hospital Master Plan Update SEIR project is
presented below.
Task 1: Kickoff, Project Description, and Meetings
$
•
13,815
Task 2: Prepare Administrative Draft CEQA Initial Study & Peer Review Technical
Studies'
$228,968
Task 3: Prepare Screencheck Draft SEIR
$
19,090
Task 4: Prepare/Distribute Draft SEIR for Public Review
$
12,240
Task 5: Prepare Final SEIR / MMRP
$
24,590
Task 6: Public Hearings
$
6,430
Reimbursable Expenses
$
2,000
Total
$307,133
1 Cost includes air quality, cultural resources, energy, greenhouse gas, noise and traffic technical studies, and peer review.
CITY OF TEMECULA H TEMECULA VALLEY HOSPITAL MASTER PLAN UPDATE SEIR 10
To promote clarity, the following assumptions explain the basis of the proposed price. The price is estimated based
on a good -faith, current understanding of the project. If selected, Ascent is interested in discussing the City's needs
and revising the scope of work and price, as warranted, to meet expectations.
Proposed Price Validity. The price proposed to carry out the scope of work is valid for 120 days from the date of
submittal, after which it may be subject to revision.
Lump -Sum Price. The proposal is a lump -sum price to perform the proposed scope of work. Monthly invoices will
be submitted based on percentage of progress toward completion occurring in each billing period.
Compliance with CEQA. The price assumes that environmental services are offered in compliance with CEQA. Work
related to Western Riverside County Regional Conservation Authority Multiple Species Habitat Conservation Plan
compliance, NEPA compliance, Section 404, or other permit processes is not included. This work can be provided
with a contract amendment.
Schedule. The price is based on the proposed schedule. If the schedule is protracted significantly (more than 60
days) for reasons beyond Ascent's control, a budget amendment may apply to the remaining work. Ascent will
consult with the City about a course of action.
Completion of Work. The scope of work is complete upon the acceptance by City staff of the final deliverable.
Price and Staff Allocation to Tasks. The proposed price has been allocated to tasks. Work has been assigned to the
identified staff or labor category. Ascent may reallocate budget or staff among tasks, as needed, as long as the total
contract price is not exceeded.
Changes to the Project. If the description of the project is changed after it has been approved for use by the City, a
budget amendment will be warranted to the extent completed work needs to be revised or redone.
Scope of Analysis. The price is based on the proposed scope of analysis. If new technical issues, alternatives, field
surveys, modeling, or analysis is identified after contract execution, a budget amendment would be warranted.
Adequacy of Provided Materials. Materials provided by others are assumed to be complete and adequate for use
in the analysis. If supplemental or revised analysis, studies, data, or fieldwork is needed to render such materials
adequate, a budget amendment would be warranted.
Tribal Consultation. Whether a tribe or tribes will request consultation under AB 52 (Statutes of 2014) is unknown.
The scope and budget therefore do not include performance of this consultation. Consultation assistance can be
added, if needed, with a scope and budget amendment.
Preliminary Draft Review Cycles and Reviewers. Preliminary draft review cycles are specified in the scope of work.
Preliminary drafts will be reviewed by City staff and not by other agencies or entities.
Consolidated Comments. The City will provide Ascent with one consolidated set of reconciled, nonconflicting
comments on preliminary drafts.
Responses to Public Comments. After public review of the draft environmental document, Ascent will prepare a list
of commenters; compile, organize, review, and evaluate comments; and coordinate with City staff to develop
response strategies. Up to forty labor hours are budgeted for preparing responses to comments. If the number or
complexity of comments requires a greater level of effort, Ascent and the City will coordinate about a course of
action and budget augmentation, if needed.
References Cited. Ascent will maintain electronic copies of cited references and provide electronic files during public
review. Ascent will submit electronic copies of all references to the City for archiving upon completion of the scope
of work.
Reproduction Costs. The reproduction cost of documents is included in the price, based on assumptions regarding
the number of copies, document length, and extent of color graphics. If the number of copies, document length, or
extent of color content exceeds assumptions, a budget augmentation would be warranted.
CITY OF TEMECULA 11 TEMECULA VALLEY HOSPITAL MASTER PLAN UPDATE SEIR 11
Final Environmental Document. The final environmental document will consist of a comments and responses to
comments volume or chapter. Text revisions to the draft document, if needed, will be assembled in a section.
Modification, redline/strikethrough, and reproduction of the draft document are not included but can be provided
with a budget amendment.
Litigation Support. Ascent is available to assist in the lead agency's response to a lawsuit, subject to a contract
amendment. Except for electronic files of cited references, assembly of an administrative record or project record is
not included but can be provided with a budget augmentation.
CITY OF TEMECULA 11 TEMECULA VALLEY HOSPITAL MASTER PLAN UPDATE SEIR 12
Item No. 10
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer
DATE: March 22, 2022
SUBJECT: Approve the Agreement with Bio Clean Environmental Services, Inc., for the
Purchase and Installation of Inlet Filters
PREPARED BY: Julie Tarrant, Principal Management Analyst
RECOMMENDATION: That the City Council approve the agreement with Bio Clean
Environmental Services, Inc., for the Purchase and Installation of Inlet Filters, in the amount of
$393,679.
BACKGROUND: On June 2, 2017, the City of Temecula received Order No. R9-2017-
0077, An Order from the State of California Water Quality Control Board directing the Owners
and Operators of Phase I Municipal Separate Storm Sewer Systems (MS4s) Draining the
Watersheds within the San Diego Region to Submit Reports Pertaining to the Control of Trash in
Discharges from Phase I MS4s to Ocean Waters, Inland Surface Waters, Enclosed Bays and
Estuaries in the San Diego Region (Trash Amendments).
The Trash Amendments require MS4 permittees with regulatory authority over priority land uses
(PLUS) to comply with the prohibition of trash discharge. The city must install, operate, and
maintain full capture systems (FCS) for all storm drains that capture runoff from the PLU in their
jurisdictions. Priority Land Use areas account for approximately 3,400 acres of land area within
the City's jurisdiction. The city identified 543 storm drain inlets within 50 feet of PLUs that were
assumed to drain or receive runoff from the PLU areas
The city plans to install full capture systems (inlet filters) at proposed locations at a rate of 10%
each year until the goal of 100% is achieved. This project will include the installation of the first
116 inlet filters, with proposed completion of all 543 inlet filters by spring 2030. This proposed
schedule meets the final compliance date of December 2, 2030, as indicated in the Trash
Amendments.
Bio Clean Environmental Services, Inc., has been determined to be the sole -source manufacturer
of the full capture system inlet filters to meet all the requirements of the State of California Water
Quality Control Board. Staff therefore requests approval of the Agreement with Bio Clean
Environmental Services, Inc.
FISCAL IMPACT: Adequate funds are available in the Annual Operating Budget Fiscal
Year 2021-22, Capital Outlay, Equipment.
ATTACHMENTS: Agreement — Bio Clean Environmental Services, Inc.
PURCHASE AND INSTALLATION AGREEMENT BETWEEN
CITY OF TEMECULA AND BIO CLEAN ENVIRONMENTAL SERVICES, INC.
INLET FILTERS
THIS AGREEMENT is made and effective as of March 22, 2022, between the City of
Temecula , a municipal corporation (hereinafter referred to as "City"), and Bio Clean
Environmental Services, Inc., a Corporation (hereinafter referred to as "Contractor"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as
follows:
1. TERM
This Agreement shall commence on March 22, 2022, and shall remain and continue in
effect until tasks described herein are completed, but in no event later than June 30, 2023, unless
sooner terminated pursuant to the provisions of this Agreement.
2. PURCHASE AND SALE OF EQUIPMENT
On and subject to the terms and conditions set forth in this Agreement and the Agreement
Documents, Contractor agrees to manufacture, sell and install for the City Inlet Filters as more
particularly described in Exhibit A, Contractor's Quotation ("Scope of Work"), attached hereto and
incorporated herein as though set forth in full (hereafter "Equipment").
3. PURCHASE / INSTALLATION PRICE
The Purchase Price which City agrees to pay to Contractor for the Equipment is Three
Hundred Ninety -Three Thousand, Six Hundred Seventy Nine Dollars and Zero Cents
($393,679.00). The Purchase Price is final and shall be paid by City to Contractor in accordance
with the following schedule (Exhibit B). The compensation includes (i) all federal, state and local
sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Equipment
furnished to City hereunder; and (ii) all charges for packing, freight and transportation to
destination.
4. SCOPE OF WORK
Contractor shall manufacture and install the equipment as described in the Scope of Work,
attached hereto and incorporated herein as Exhibit A ("Work"). Contractor shall provide and
furnish all labor, materials, necessary tools, expendable equipment and all utility and
transportation services required for the Work. All of said Work to be performed and materials to
be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope
of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor
shall not commence the Work until such time as directed by the City.
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
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Relations. Copies may be obtained from the California Department of Industrial Relations Internet
website at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any
staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum.
Contractor shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775,
1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the
Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar
day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the
stipulated prevailing rates for any work done under this Agreement, by him or by any
subcontractor under him, in violation of the provisions of the Agreement. This project, work, or
service will be subject to compliance monitoring and enforcement by the Department of Industrial
Relations (DIR) pursuant to Labor Code Section 1771.4.
6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS
Registration with the Department of Industrial Relations (DIR) is mandatory as a condition
for bidding, providing certain services, and working on a public works project as specified in Labor
Code Section 1771.1(a). Contractor and any subcontractors must be registered with the
Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and
material quote or be listed in a bid, proposal or quote, subject to the requirements of Public
Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor
Code Section 1720 et seq., unless currently registered and qualified to perform public work
pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide
proof of registration with the DIR. For more information regarding registration with the Department
of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks.html
7. REPRESENTATIONS AND WARRANTIES OF VENDOR
Contractor makes the following representations and warranties to City:
a. Authority and Consents. Contractor has the right, power, legal capacity
and authority to enter into and perform its obligations under this Agreement. No approvals or
consents of any persons are necessary in connection with Contractor's execution, delivery,
installation and performance of this Agreement, except for such as have been obtained on or prior
to the date hereof. The execution, delivery, installation, and performance of this Agreement by
Contractor have been duly authorized by all necessary action on the part of Contractor and
constitute the legal, valid and binding obligations of Contractor, enforceable against Contractor in
accordance with their respective terms.
b. Title and Operating Condition. Contractor has good and marketable title to
all of the Equipment manufactured and installed. All of the Equipment are free and clear of any
restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of
the Equipment free and clear of mortgages, liens, pledges, charges, encumbrances, equities,
claims, covenants, conditions and restrictions except for such as may be created or granted by
City. All of the Equipment are in good operating condition, are free of any defects, and are in
conformity with the specifications, descriptions, representations and warranties set forth in the
Agreement Documents. Contractor is aware the City is purchasing the Equipment for use as Inlet
Filters and that City is relying on Contractor's warranties that the Equipment is fit for this purpose
and the ordinary purposes for which the Equipment is normally used.
C. Full Disclosure. None of the representations and warranties made by
Contractor in this Agreement contains or will contain any untrue statement of a material fact, or
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omits to state a material fact necessary to make the statements made, in light of the
circumstances under which they were made, not misleading.
8. PERFORMANCE
Contractor shall faithfully and competently exercise the ordinary skill and competence of
members of their profession. Contractor shall employ all generally accepted standards and
practices utilized by persons engaged in providing similar services as are required of Contractor
hereunder in meeting its obligations under this Agreement.
9. CITY APPROVAL
All labor, materials, tools, equipment, and services shall be furnished, and work performed
and completed subject to the approval of the City or its authorized representatives, and the quality
of the workmanship shall be guaranteed for one year from date of acceptance. City shall inspect
the Equipment at the time and place of delivery. Such inspection may include reasonable tests
and use of the Equipment by City. If, in the determination of City, the Equipment fails to conform
to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Contractor within ten (10)
days of delivery of the Equipment to City. Failing such notice, the Equipment shall be deemed
accepted by City as of the date of receipt.
10. TIME OF DELIVERY
The date and time of delivery of the Equipment shall be on or before no more than 90
days from the effective date of this agreement.
11. PLACE OF DELIVERY
The Equipment shall be delivered to this location: City of Temecula, Facilities
Operation Center (FOC) 43230 Business Park Drive, Temecula, CA 92590.
12. LABOR AND MATERIAL BONDS
Within ten (10) business days from the City Council's approval of this agreement,
Contractor shall provide the City with: (1) a Labor and Materials Bond to secure payment to any
contractor, subcontractor, persons renting equipment, or furnishing labor or materials for the work
required to be constructed or installed pursuant to this Agreement in the amount of the Contract.
The bonds shall be in substantially the form attached hereto as Exhibits C as approved by the
City Attorney. The surety shall be a surety admitted in the State of California and approved by
the City.
13. REJECTION
In the event of such notice of non -conformity by City pursuant to the section entitled "City
Approval" City may, at its option, (1) reject the whole of the Equipment and Installation, (2) accept
the whole of the Equipment and Installation, or (3) accept any commercial unit or units of the
Equipment and reject the remainder or the Installation. The exercise of any of the above options
shall be "without prejudice" and with full reservation of any rights and remedies of City attendant
upon a breach. In the event of such notice and election by City, City agrees to comply with all
reasonable instructions of Contractor and, in the event that expenses are incurred by City in
following such instructions, Contractor shall indemnify City in full for such expenses.
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14. NO REPLACEMENT OF CURE
This Agreement calls for strict compliance. Contractor expressly agrees that both the
Equipment and Installation tendered and the tender itself will conform fully to the terms and
conditions of this Agreement. In the event of rejection by City of the whole of the Equipment or
any part thereof pursuant to the Section entitled "Rejection" City may, but is not required to, accept
any substitute performance from Vendor or engage in subsequent efforts to affect a cure of the
original tender by Contractor.
15. INDEMNIFICATION
The Contractor agrees to defend, indemnify, protect and hold harmless the City of
Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula
Redevelopment Agency, its officers, officials, employees and volunteers from and against any
and all claims, demands, losses, defense costs or expenses, including attorney fees and expert
witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community
Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its
officers, agents, employees or volunteers may sustain or incur or which may be imposed upon
them for injury to or death of persons, or damage to property arising out of Contractor's negligent
or wrongful acts or omissions arising out of or in any way related to the performance or non-
performance of this Agreement, excepting only liability arising out of the negligence of the City of
Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula
Redevelopment Agency.
16. AGREEMENT DOCUMENTS
a. This Agreement includes the following documents, which are by this
reference incorporated herein and made a part hereof: Equipment Description and/or Scope of
Work attached hereto as Exhibit A.
b. In the event any term or condition of the Agreement Documents conflicts
with or is contradictory to any term or condition of the Agreement, the terms and conditions of this
Agreement are controlling.
17. DEFAULT OF CONTRACTOR
a. The Contractor's failure to comply with the provisions of this Agreement
shall constitute a default. In the event the Contractor is in default for cause under the terms of
this Agreement, the City shall have no obligation or duty to continue compensating Contractor for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to the Contractor. If such failure by the Contractor to make progress in the
performance of work hereunder arises out of causes beyond the Contractor's control, and without
fault or negligence of the Contractor, it shall not be considered a default.
b. If the City Manager or his delegate determines the Contractor is in default
in the performance of any of the terms or conditions of this Agreement, it shall service the
Contractor with written notice of the default. The Contractor shall have ten (10) days after service
upon it of said notice in which to cure the default by rendering a satisfactory performance. In the
event the Contractor fails to cure its default within such period of time, the City shall have the
right, notwithstanding any other provision of this Agreement, to terminate this Agreement without
further notice and without prejudice to any other remedy to which it may be entitled at law, in
equity or under this Agreement.
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18. INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in connection with
the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No. CG
00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01 06
92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a
non -owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Contractor has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Contractor shall execute a declaration that it has no employees.
4) Professional Liability Insurance shall be written on a policy form
providing professional liability for the Contractor's profession.
Minimum Limits of Insurance. Contractor shall maintain limits no less than:
5) General Liability: Two million ($2,000,000) per occurrence for bodily
injury, personal injury and property damage. If Commercial General Liability Insurance or other
form with a general aggregate limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
6) Automobile Liability: One million ($1,000,000) per accident for bodily
injury and property damage.
7) 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.
b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured
retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000).
C. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District,
the Redevelopment Agency of the City of Temecula, 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 Consultant; premises
owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed
by the Consultant. The coverage shall contain no special limitations on the scope of protection
afforded to the City of Temecula, the Temecula Community Services District, the Redevelopment
Agency of the City of Temecula, 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 Redevelopment Agency of the City of Temecula, their officers, officials,
employees and volunteers. Any insurance or self -insured maintained by the City of Temecula,
Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula,
08/06/2021
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 Redevelopment Agency of the
City of Temecula, their officers, officials, employees or volunteers.
4) The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
5) Each insurance policy required by this agreement shall be endorsed
to state: should the policy be canceled before the expiration date the issuing insurer will endeavor
to mail thirty (30) days' prior written notice to the City.
6) If insurance coverage is canceled or, reduced in coverage or in
limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and/or
notify the City via certified mail, return receipt requested of the changes to or cancellation of the
policy.
d. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of A -:VI I or better, unless otherwise acceptable to the City. Self insurance
shall not be considered to comply with these insurance requirements.
e. Verification of Coverage. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the City. All endorsements are to be received and approved by the City
before work commences. As an alternative to the City's forms, the Contractor's insurer may
provide complete, certified copies of all required insurance policies, including endorsements
affecting the coverage required by these specifications.
19. SURVIVAL OF REPRESENTATIONS AND WARRANATIES
All representations, warranties, covenants and agreements of the parties contained in this
Agreement shall survive the execution, delivery, installation and performance of this Agreement.
20. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of all local, State and Federal ordinances, laws
and regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times observe
and comply with all such ordinances, laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply
with this section.
21. PROHIBITED INTEREST
No officer, or employee of the City of Temecula shall have any financial interest, direct or
indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors
for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants
and represents to the City that no officer or employee of the City of Temecula has any interest,
whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business
08/06/2021
of the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to
notify the City in the event any such interest is discovered whether or not such interest is
prohibited by law or this Agreement.
22. INDEPENDENT CONTRACTOR
a. Contractor is and shall at all times remain as to the City a wholly
independent contractor. The personnel performing the services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City
nor any of its officers, employees, agents, or volunteers shall have control over the conduct of
Contractor or any of Contractor's officers, employees, or agents except as set forth in this
Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers,
employees or agents are in any manner officers, employees or agents of the City. Contractor
shall not incur or have the power to incur any debt, obligation or liability whatever against City, or
bind City in any manner.
b. No employee benefits shall be available to Contractor in connection with
the performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing
services hereunder for City. City shall not be liable for compensation or indemnification to
Contractor for injury or sickness arising out of performing services hereunder.
23. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part thereof,
nor any monies due hereunder, without prior written consent of the City. Upon termination of this
Agreement, Contractor's sole compensation shall be payment for actual services performed up
to, and including, the date of termination or as may be otherwise agreed to in writing between the
City Council and the Contractor.
24. NOTICES
Any notices which either party may desire to give to the other party under this Agreement
must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable
document delivery service, such as but not limited to, Federal Express, that provides a receipt
showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage
prepaid, return receipt requested, addressed to the address of the party as set forth below or at
any other address as that party may later designate by Notice. Notice shall be effective upon
delivery to the addresses specified below or on the third business day following deposit with the
document delivery service or United States Mail as provided above.
Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Consultant: Bio Clean Environmental Services, Inc.
Attn: Jason Keesler, Project Manager
Direct Phone: (951) 454-9319
398 Via El Centro
Oceanside, CA 92058
Phone: (855) 566-3938
08/06/2021
25. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California shall
govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern
the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in
the municipal, superior, or federal district court with geographic jurisdiction over the City of
Temecula. In the event such litigation is filed by one party against the other to enforce its rights
under this Agreement, the prevailing party, as determined by the Court's judgment, shall be
entitled to reasonable attorney fees and litigation expenses for the relief granted.
26. 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. City is not subject to any online terms and conditions or
"click through" agreements of Contractor. 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.
27. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and
represents that he or she has the authority to execute this Agreement on behalf of the Contractor
and has the authority to bind Contractor to the performance of its obligations hereunder. The City
Manager is authorized to enter into an amendment on behalf of the City to make the following
non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -
monetary changes in scope of work; (d) agreement termination.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA
By:
Matt Rahn, Mayor
ATTEST:
By:
Randi Johl, City Clerk
APPROVED AS TO FORM:
By
BIO CLEAN ENVIRONMENTAL SERVICES, INC.
(Two Signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By:
LV, -�- �-
Sean Hasan, Western Regional Director
By:
Steve Hides, VP and General Manager
Peter M. Thorson, City Attorney BIO CLEAN
Bio Clean Environmental Services, Inc.
Jason Keesler, Project Manager
398 Via El Centro, Oceanside, CA 92058
Ofc-855-566-3938 / Direct-951-454-9319
www.biocleanenvironmental.com
Jason. keesler(a)forterrabp.com
City Purchasing Mgr.
Initials and Date:
0
08/06/2021
EXHIBIT A
DESCRIPTION OF EQUIPMENT AND/OR SCOPE OF WORK
BIO-45"Clea l
August 11, 2021
Subject: Bio Clean Project # 10560 — City of Temecula Kraken Filter Project —Temecula, CA
Attn: Stuart Kuhn, Associate Civil Engineer, City of Temecula
Anissa Sharp, Office Specialist II, City of Temecula
I have attached the spreadsheet & Bio Clean contract which highlights the Kraken and CPS filters
which can be provided at the locations specified by the city, per the measurements performed by Bio
Clean.
The breakdown is as follows:
-- 92 out of 105 locations will work with the Bio Clean Kraken media filters. Filters to be installed by
Bio Clean (fine location to take 2 KMF for a total of 93 KMF filters)
— Total cost to furnish the KMF materiai = $286,525
— Total cost for the laborto install the KMF material = $46,035
— Total cost to furnish + install the KMF material = $332,560
— 24locations will work with the Bio Clean CPS units
— CPS+ KMF will fit in 16 locations; 8 locations will work only with the CPS
units — Total cost to furnish the CPS material = $22,223
— Total cost for the labor to install the CPS material = $11,880
— Total cost to furnish + install the CPS material = $34,103
— Total project cost to furnish+ provide the labor to install the Kraken and CPS material = $366,663
($308,748 in material + $57,915 in labor)
— Total project cost with sales tax estimated at 8.75% = $393,679 ($27,016 in sales tax + 366,663 for
material + labor)
— The City of Temecula shall provide traffic control for any material installed near Diaz Rd, Winchester
Rd, or Rancho California Rd.
— Bio Clean will handle all other traffic control + reference the new CA DOT temporary traffic control
plans (attached): https:/Idot.ca.gov/-/media/dot-media/programs/safety-programs/documents/ca-
mutcd/rev6/camutod 2014-rev6. pdf
Thank you for the opportunity to work together. If you have any questions, please feel free to reach
out to me directly at (951) 454-9319.
Si ncere ly,
Bio Clean Environmental Services
Jason Keesler, Filter Insert Project Manager
10
08/06/2021
EXHIBIT B
PAYMENT RATES AND SCHEDULE
Bio�Clean Quotation
A Ferterra Company
Date: 0V V2021
late: 3273
Project ID-10560
Project Name: Prevailing Wage: Citylof Temecula Kraken Fiher
Sales Contact Sean Hasan (760) 473-1057
S
Project
Bid Date:
- Model
Notes
Cty
Calc PricefUnit
Unit Total Price
TAX -EST
1
$27,016.00
EA
$27,016.00
Estimated sales tax at 8.75%
SUBTOTAL =
$27.016.00
CIF
CIF-KF-13
4
$2,475.00
EA
$9,900.0D
Includes 4' trough
CIF-KF-13
2
$2,775.00
EA
$5,550.00
Includes 10'trough
CIF-KF-13
6
$2,625.00
EA
$15,750.OD
Includes T trough
CIF-KF-13
1
$2,825.OD
EA
$2,825.0D
Includes ITirrugh
CIF-KF-13
10
$2,975.00
EA
$29,750-DO
Includes 14'trough
CIF-KF-13
6
$3,325.DD
EA
$19,950.00
Includes 21'trough
CIF-KF-13
1
$2,525.OD
EA
$2,525.0D
Includes 5'trough
CIF-KF-13
1
$2,575.00
EA
$2,575.0D
Includes 6'trough
CIF-KF-13
1
$2,675.00
EA
$2,675.0D
Includes 8'trough
CIF-KF-13
3
$2,725.OD
EA
$8,175.OD
Includes 9'trough
CIF-KF-23
1
$3,200.DD
EA
$3,200-0D
Includes 10'trough
CIF-KF-23
2
$2,900.0D
EA
$5,800.OD
Includes 4' trough
CIF-KF-23
5
$3,050.DD
EA
$15,250.OD
Includes T trough
CIF-KF-23
1
$3,300.0D
EA
$3,300.0D
Includes 12trough
CIF-KF-23
9
$3,400.DD
EA
$30,60O.0D
Includes 14'trough
CIF-KF-23
1
$3,750.DD
EA
$3,750.0D
Includes 21'trough
CIF-KF-23
1
$2,950.DD
EA
$2,950.0D
Includes 5'trough
CIF-KF33
1
$3,450.DD
EA
$3,450.0D
Includes 11'trough
CIF-KF33
1
$3,500.00
EA
$3,500.OD
11
08/06/2021
Bio'&LlClean
A Fc t.—Coinp.,.y
Quotation
Date: 48111FM1
(�uate: 3273
Project ID: 14564
Sales Contact Sean Hawn (764J
473-1457
Project Name: Prevailing Wage: City of Temecula Kraken Fiher
Bid Date:
Proj�
Includes 12trough
CIF-KF33
1
$3,80C_00
EA
$3,8C0.00
Includes 18'trough
CIF-KF33
3
$3,050.00
EA
$11,850.06
Includes 21'trough
CIF-KF33
1
$3,15C_00
EA
$3,150.00
Includes 0trough
CIF-KF33
1
$3,200.00
EA
$3,200.00
Includes 6'trough
CIF-KF33
2
$3,350.00
EA
$6,7C0.00
Includes 9'trough
CIF-KF33
7
$3,400.00
EA
$23,800_CC
Includes 10'trough
CIF-KF33
2
$3,100.00
EA
$6,20000
Includes 4' trough
CIF-KF33
2
$3,25C_00
EA
$6,500.00
Includes 7'trough
CIF-KF33
1
$3,600.00
EA
$3,600.00
Includes 14'trough
CIF SUBTOTAL =
$244,275.D0
cps
CPS-L
3
$812.00
EA
$2,436.00
—3.7x24
CPS-L
2
$554.00
EA
$1,1 C8.00
—3.7x12
CPS-L
1
$683.00
EA
$683.00
—3.7x18
CPS-L
2
$714.00
EA
$1,428.00
— 4.7 x 12
GPS-U
1
$585.00
EA
$585.00
—3.7x18
CPS-U
2
$940.00
EA
$1,880.06
— 4.7 x 24
CPS-U
2
$618.00
EA
$1,236.00
— 4.7 x 12
CPS-U
1
$781.00
EA
$781.00
— 4.7 x 18
CPS-U
2
$988.00
EA
$1,976.00
-- 5.7 x 16
CPS-U
1
$1,184.00
EA
$1,184.00
5.7 x 24
CPS-U
4
$1,570.00
EA
$6,316.00
5.7 x 36
12
08/06/2021
A For[erra Company
Quotation
Date- OaM 1 f2021
Project ID:10560 fkrote: 3273
Pr4ed Name: PrevailinU Wage: City of Temecula Kraken Filter Sales Contact Sean Hawn {760J 473-1057
Bid Date:
Prcje
2 $786.00 EA
-- 5.7 x 12
CPS-L 1 $1,038.DD EA
-- 4.7 x 24
CPS SUBTOTAL =
CUSTOM 13" DIAMETER BASKET
CIF-KF-23
Includes 4' trough
CIF-KF-23
Includes 10'trough
CIF-KF-23
Includes 14'trough
CIF-KF33
— Includes T trough
CIF-KF33
— Includes T trough
CUSTOM 13" DIAMETER BASKET SUBTOTAL
CUSTOM BASKE'TDI4METER
13"
CIF-KF-' 3
Includes 4' trough
CIF-KF-13
Includes 6'trough
CUSTOM BASKET DIAMETER 13" SUBTOTAL
CUSTOM BASKET
DIAMETER 16'
GIF-KF-2133-
39
Flange size 24" x 40"
CUSTOM 16" DIAMETER BASKET
CUSTOM BASKET DIAMETER 16" SUBTOTAL
FG SHEET NEEDED
GIF-KF-2133-
39
Flange size 24" x 40"
Includes a 40" x 6" Fiberglass sheet
GIF-KF-2133-
19
Flange size 24" x 40"
Includes a 40" x 6" Fiberglass sheet
FG SHEET NEEDED SUBTOTAL =
2 $2,900.OD
EA
1 $3,200.DD
EA
1 $3,400.OD
EA
1 $3,100.0D
EA
1 $3,250.DD
EA
$1�
$1,038.00
$22,223.00
$5,800.OD
$3,200.OD
$3,400.00
$3,100.00
$3,250.OD
$18,750.00
1 $2,475.00 EA $2,475.00
1 $2,575.00 EA $2,575.OD
$5.050.00
1 $2,775.00 EA $2,776.00
$2,775.00
Gip
GIF-KF-2133- 1
39 — Flange size 24" x 4n"
GIF SUBTOTAL =
$2,850.0D EA
$2,850.00 EA
$2,775.00 EA
$2,850.00
$2,850.0O
$5,700.00
$2,775.00
$2,775.00
13
08/06/2021
Bio I e a n
A F.,t.— Company
Quotation
Date: 08111J2021
quote: 3273
Project ID:10560
Sales Contact Sean Hasan (760) 473-1057
Project Name: Prevailing Wage; City of Temecula Kraken Filter Did Date:
Project
INSTALL
BIO-FLTR-
117 $495.00 EA
$57,915.DD
INSTALL
-- Includes delivery and installation of material
-- Prevailing wage rate
INSTALL SUBTOTAL =
$57,915.00
UAIDERMOU NTS NEEDED
GIF-KF-2133-
2 $2,800.00 EA
$5,600.DD
29
-- Flange size 24" x 40"
-- 2 filters per Watershed ID 3033-001
-- 2ea 34" undermounts
GIF-KF-2133-
2 $2,800.00 EA
$5,600.0D
39
-- Flange size 24" x 40"
-- 2ea 34" undermounts
UNDERMOUNTS NEEDED SUBTOTAL =
$11,200.00
Grand Total (estimated): $393,679.00
PROJECT SPECIFIC NOTES:
See the attached spreadsheet & Bio Clean contract which highlights the Kraken and CPS filters which can be
provided at the locations specified by the city, per the measurements performed by Bio Clean.
The breakdown is as follows:
-- 92 out of 105 locations will work with the Bio Clean Kraken media filters. Filters to be installed by Bio Clean
(one location to take 2 KMF for a total of 93 KMF filters)
Total cost to famish the KMF material = $286,525
Total cost for the labor to install the KMF material = $46,035
Total cost to fumish + install the KMF material = $332,560
24 locations will work with the Bio Clean CPS units
CPS + KMF will fit in 16 locations-r 8 locations will work only with the CPS units
Total cost to fumish the CPS material = $22,223
Total cast for the labor to install the CPS material = $11,880
Total cost to fumish + install the CPS material = $34,103
Total project cost to furnish + provide the labor to install the Kraken and CPS material = $366,663 ($308,748 in
material + $57,915 in labor)
— Total project cost with sales tax estimated at 8.75% = $393,679 ($27,016 in sales tax + 366,663 for material +
labor)
— The City of Temecula shall provide traffic control for any material installed near Diaz Rd, Winchester Rd, or
Rancho Califomia Rd-
- Bio Clean will handle all other traffic control + reference the new CA DOT temporary traffic control plans
(attached): https://dot.ca.gov/-/medialdot-mediafprograms/safety-programs/documenWca-
mutcdfrev6/camutcd2D14-rev6. pdf
14
08/06/2021
Bio lean
A Fnr[erra Company
Dale. 0811112021
Pipedt ID:10560
Project Name: Prevailing Wage
Project
Puotation
Quote: 3273
City of Temecula Kraken Filer 5aJes- Contact Sean Hassn (760) 473-1057
Bid Date -
BY SIGNING THIS CONTRACT, THE CUSTOMER AGREES TO THE FOLLOWING:
Parties agree to all terms contained within this Sales Contract_
Delivery to be taken within 14 days, or within agreed upon date, or pay 3% of Sales Contract Total per month for Storage
Fees -
Man ufacturer lead times are estimated between 3-6 weeks, A iob is measurement ready, when all catch basins are set in
concrete, concrete is cured, covers and frames have been installed, and wood or metal forming has been removed. In
addition, all forms of debris must be removed.
Product vices are based on information provided by the Customer. Therefore if actual catch basin measurements do
changeilter prices, Bra Clean will provide the Custamerwith a revised Sales Contract priorto production of filters.
The Filter Installation service cast includes material delivery to the job site by Bio Clean. The Customer understands that
Filter Installation is an optional cost. The Customer also understands that catch basins must be suitable for proper
installation of materials, manhole covers and grates must be accessible and easily removed, and catch basin must be
clean. Bio Clean reserves the right to remove obstructions including but not limited to the cutting of ladder rungs and
removal of temporary or existing filters_ Bio Clean shall noiify+ Customer in writing of an unforeseen site conditions and
both parties may agree in writing to additional scope of service and payment to remedy site conditions. If the Customer
withindthmeasurements
catch rbasin-FormI drnp-ship iotems�Customersmust havleli�46adingrcripanglth� correct product and for proper fit
s.
Shipping of fitter products will be via FedEx Ground at Standard Rates. The Customer completely understands that
shipping costs are their full responsibility_ Therefore, the entire shipping cost will be charged on the Sales Contract and/or
Invoice_ Any Customer may pick up their filter products at the Bio Clean office during normal business hours at no charge.
All Bio Clean Filter Products carry an 8-Year Warranty_
As applicable, Downspout Filter Installation is the responsibilityr of the Customer_ Therefore the Customer must ensure
that their Installerjpenorms installation with full access to the unit because the unit requires routine maintenance_ For all
drop -ship items, Customer must have off-loading capabilities.
As applicable DVERT Trough Installation. The Customer is responsible for coring basin and piping to and from grate inlet
and Modular Wetlands unit or equivalent vault.
UNLESS OTHERWISE NOTED, PRICI NG DOES NOT INCLUDE ANY APPLICABLE TAXES.
Seller's (quotation is based on various business factors and considerations and may not be used by arty other contractor or
any other person or entityr without Seller's written consent
15
08/06/2021
Bio'&'lean
A Ferterra Company
Date: 0&11l2021
Project ID:1 C560
Project Name: Prevailing Wage: City of Temecula Kraken Filter
Project
Sales Contact: Sean Hasan (760)473-1057
Project Manager: Jason Keesler (951)454-9319
Sales Office
511 E John Carpenter Fwy
Irvin TX 75026
(972�° 62-360a
Quotation
OWe: 3273
Sales C4jntact Sean Hasan (760) 473-1057
Bid Dale:
16
08/06/2021
EXHIBIT "C"
CITY OF TEMECULA
DEPARTMENT OF PUBLIC WORKS
BOND NO. [INSERT BOND NUMBER]
LABOR AND MATERIALS BOND
FOR
PURCHASE AND INSTALLATION OF INLET FILTERS
BOND NO. [INSERT BOND NUMBER]
KNOW ALL PERSONS BY THESE PRESENTS:
THAT, WHEREAS, the City of Temecula has awarded to:
BIO CLEAN ENVIRONMENTAL SERVICES, INC.
398 Via Ell Centro, Oceanside, CA 92058
Hereinafter called "Contractor," a contract for the work described as follows:
PURCHASE AND INSTALLATION OF INLET FILTERS, HEREINAFTER CALLED
"CONTRACT," AND
WHEREAS, said Contractor is required by the provisions of Sections 3247-3252 of the
Civil Code to furnish a bond in connection with said Contract, as hereinafter set forth.
NOW, THEREFORE, WE, the undersigned Contractor, as Principal, and [INSERT NAME
AND ADDRESS OF SURETY] duly authorized to transact business under the laws of the State
of California, as Surety, hereinafter called "Surety," are held and firmly bound unto the City of
Temecula, California, and all contractors, subcontractors, laborers, materialmen, and other
persons employed in the performance of the aforesaid Contract and referred to in Section 9100
of the Civil Code, in the penal sum of [INSERT WRITTEN AND NUMERICAL DOLLAR
AMOUNT], lawful money of the United States, said sum being not less than one hundred (100%)
of the estimated amount payable by the said City of Temecula under the terms of the Contract,
for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and
assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that, if said Contractor, or its heirs,
executors, administrators, successors, and assigns, or subcontractors, shall fail to pay for any
materials, provisions, provender or other supplies, or teams, implements or machinery, used in,
upon, for, or about the performance of the work under the Contract to be done, or for any work or
labor thereon of any kind or for amounts due under the Unemployment Insurance Code with
respect to such work or labor, as required by the provisions of Section 13020 of the
17
08/06/2021
Unemployment Insurance Code, with respect to such work or labor, as required by Section 9550
et. seq. of the Civil Code, and provided that the claimant shall have compiled with the provisions
of said Civil Code, the Surety shall pay for the same in an amount not exceeding the sum specified
in this bond, otherwise the above obligation 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 attorneys' fees incurred
by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and
included in any judgment rendered.
This bond shall inure to the benefit of any and all persons, companies, and corporations entitled
to file claims under Section 9100 of the Civil Code, so as to give a right of action to them or their
assigns in any suit brought upon this bond, and shall also cover payment for any amounts required
to be deducted, withheld, and paid over to the Employment Development Department from the
wages of employees of the Contractor or its subcontractors pursuant to Section 13020 of the
Unemployment Insurance Code.
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. The Surety hereby
waives notice of any such 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.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on the [INSERT DATE] of [INSERT MONTH], [INSERT YEAR].
(Seal)
SURETY
By:
(Name)
(Title)
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
PRINCIPA
By:
Sean Hasan
(Name)
Western Regional Director
(Title)
Steve Hides
(Name)
VP and General Manager
(Title)
Attach Notarial Acknowledgement or Jurat for both the Surety and Principal Signatures
18
08/06/2021
Item No. 11
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer
DATE: March 22, 2022
SUBJECT: Authorize the Purchase of a Bobcat Skid -Steer Loader for the Public Works Streets
Maintenance Division
PREPARED BY: Stacey Biddle, Management Assistant
Julie Tarrant, Principal Management Analyst
RECOMMENDATION: That the City Council authorize the purchase of a Bobcat Skid -Steer
Loader for the Public Works Streets Maintenance Division from Inland Bobcat, a local authorized
Bobcat Dealer, in the amount of $71,570.04, including freight and handling, and applicable sales
tax and fees.
BACKGROUND: The Bobcat Skid -Steer Loader is utilized by the Public Works
Streets Maintenance Division for channel cleaning, asphalt repair, and miscellaneous debris
removal. As a National Joint Powers Alliance (NJPA) member, the City will utilize a competitively
solicited cooperative contract through Sourcewell, Contract Award #040319 with Clark
Equipment Company dba Bobcat Company. The Bobcat Company has met all the requirements
necessary to provide sales and services, and offers competitive pricing for the purchase of this
specialized maintenance equipment. The purchase of the skid -steer loader will be facilitated
through the local authorized dealer Inland Bobcat in Riverside, California.
FISCAL IMPACT: Adequate funds are available to purchase the Skid Steer Loader as
identified in the Fiscal Year 2021-22 Annual Operating Budget, Capital Outlay, Vehicles and
Equipment Replacement Fund.
ATTACHMENTS: None
Item No. 12
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer
DATE: March 22, 2022
SUBJECT: Adopt a Resolution to Approve the Clean California Maintenance Agreement with
the State of California, by and through the Department of Transportation
PREPARED BY: Julie Tarrant, Principal Management Analyst
RECOMMENDATION: That the City Council adopt a resolution entitled:
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA TO APPROVE THE CLEAN CALIFORNIA
MAINTENANCE AGREEMENT WITH THE STATE OF
CALIFORNIA, BY AND THROUGH THE DEPARTMENT OF
TRANSPORTATION TO PERFORM SPECIFIC
MAINTENANCE SERVICES IN COMPLIANCE WITH THE
PROVISIONS OF STREETS AND HIGHWAYS CODE
SECTION 27, IN THE STATE RIGHT OF WAY INCLUDING
HIGHWAY AND FREEWAY AREAS WITHIN CITY LIMITS
AS AUTHORIZED IN STREETS AND HIGHWAYS CODE
SECTION 130
BACKGROUND: In cooperation with the Department of Transportation (Caltrans) the City of
Temecula will perform certain maintenance services of Interstate 15 (I-15) pursuant to the approval
and execution of the Clean California Maintenance Agreement (CCMA).
The CCMA is made by and between the State of California, acting by and through the Department
of Transportation (Caltrans), also referred to as `State', pursuant to the Clean California
Beautification Program of 2021. The City will perform specific maintenance services, as described
by the State, within city limits to include litter, debris, and graffiti removal along I-15 in State right
of way. City shall also remove items such as, but not limited to, furniture, appliances, tire casings,
bulky and large items, automobile wreckage, auto components, clothing, beverage containers, food
packages and garbage, as authorized in Streets and Highways Code Section 130, and in compliance
with Section 27 of the Streets and Highways Code.
The Department of Public Works will contract with a maintenance services provider to perform
these duties on behalf of the City. The agreement requires providing Caltrans a Certificate of
Insurance naming the Department of Transportation as additional insured, and ensuring an
applicable encroachment permit has been issued by the State before maintenance services can
begin.
The CCMA provides for operative provisions as it pertains to the performance of the specified
maintenance services and will also provide for reimbursement to the city up to a total maximum
authorized expenditure of $300,000, through the term of the agreement on June 30, 2024.
FISCAL IMPACT: Adequate funds are available in the Fiscal Year 2021-2022 Annual
Operating Budget and funds will be requested in Fiscal Year 2022-2023 to cover the total cost of
work. The city will be reimbursed 100% for all eligible expenditures, up to the maximum
authorized amount of $300,000 during the terms of the agreement through June 20, 2024.
ATTACHMENTS: 1. Resolution
2. State Agreement — CCMA TR-08-22-CN21_rev2022-03-09
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA TO APPROVE THE CLEAN CALIFORNIA
MAINTENANCE AGREEMENT WITH THE STATE OF
CALIFORNIA, BY AND THROUGH THE DEPARTMENT
OF TRANSPORTATION TO PERFORM SPECIFIC
MAINTENANCE SERVICES IN COMPLIANCE WITH THE
PROVISIONS OF STREETS AND HIGHWAYS CODE
SECTION 27, IN THE STATE RIGHT OF WAY INCLUDING
HIGHWAY AND FREEWAY AREAS WITHIN CITY
LIMITS AS AUTHORIZED IN STREETS AND HIGHWAYS
CODE SECTION 130
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. City Council hereby finds and determines that:
A. The "Clean California Maintenance Agreement with the City of Temecula (COMA
TR-08-22-CN21 City of Temecula)" will identify the specific maintenance functions the
State requests the City of Temecula to perform in the State right of way, including highway
and freeway areas situated within City's jurisdictional limits as authorized in Streets and
Highways Code Section 130.
B. Pursuant to the "Clean California Beautification Program of 2021," the State and
the City desire to identify specific mission -critical maintenance services the City will
perform on and around State right of way situated within the City's jurisdictional limits.
C. The Agreement is in the best interests of the City of Temecula.
Section 2. The City Council hereby approves that certain agreement entitled "Clean California
Maintenance Agreement with the City of Temecula (COMA TR-08-22-CN21 City of Temecula)"
by and between the State of California acting by and through the Department of Transportation
and the City of Temecula. The Mayor is authorized to execute the Agreement on behalf of the
City in substantially the form presented to the City Council on March 22, 2022. The City Manager
is hereby authorized to enter into amendments to this Agreement as are necessary or convenient to
implement the essential terms of the Agreement.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 22nd day of March 2022.
Matt Rahn, 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. 2022- was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 22"d day of March 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
CCMA TR-08-22-CN21
City of Temecula
CLEAN CALIFORNIA MAINTENANCE AGREEMENT
WITH THE CITY OF TEMECULA
This CLEAN CALIFORNIA MAINTENANCE AGREEMENT ("AGREEMENT") is made by
and between the State of California, acting by and through the Department of
Transportation ("STATE"), and the City of Temecula ("LOCAL AGENCY"); each
may be referred to individually as a "PARTY" and jointly as "PARTIES".
RECITALS
1. This AGREEMENT will identify the specific maintenance functions STATE requests
LOCAL AGENCY to perform in the STATE right of way, including highway and
freeway areas situated within LOCAL AGENCY'S jurisdictional limits as
authorized in Streets and Highways Code Section 130.
2. Pursuant to the "Clean California Beautification Program of 2021," the PARTIES
desire to identify specific mission -critical maintenance services LOCAL
AGENCY will perform on and around STATE right of way situated within LOCAL
AGENCY's jurisdictional limits.
OPERATIVE PROVISIONS
Maintenance Services. LOCAL AGENCY shall perform litter, debris, and graffiti
removal at the Interstate (1), post miles (PM) and approximate mile lengths
(STATE Right of Way) set forth in Exhibit A. LOCAL AGENCY shall remove and
discard litter and debris, including, but not limited to: furniture, appliances, tire
casings, bulky and large items, automobile wreckage, auto components,
clothing, beverage containers, food packages and garbage.
2. Maintenance Standards. LOCAL AGENCY shall perform all maintenance
services in compliance with the provisions of Streets and Highways Code
Section 27, and in accordance with California and federal laws and
regulations and STATE policies, procedures and specifications in effect and as
amended, and applicable municipal ordinances.
3. Prior Maintenance Agreements. The PARTIES agree that this AGREEMENT does
not supersede the PARTIES' existing Delegated Maintenance Agreement or
other maintenance agreements, if any.
4. Maintenance Areas. LOCAL AGENCY shall only perform maintenance services
in the STATE Right of Way locations described in Exhibit A and listed in Exhibit B.
5. Amendment to Agreement. Changes to LOCAL AGENCY's maintenance
services covered in this AGREEMENT may be made by each PARTY executing
amended Exhibits A and B and/or executing additional pages to Exhibits A
and B that shall be attached to this AGREEMENT and will supersede the original
CCMA TR-08-22-CN21
City of Temecula
Exhibits A and B. Otherwise, this AGREEMENT may only be amended by a
written agreement executed by both PARTIES. STATE's District Maintenance
Agreement Coordinator (DMAC) must obtain prior written approval of any
amendments from the District 8 Deputy Director of Maintenance before such
amendments may become effective and enforceable under this AGREEMENT.
6. Party Representatives and Notices.
LOCAL AGENCY's Maintenance Manager is: Rodney Tidwell
STATE's DMAC is: Chris Nator
All notices, document submittals and invoices required under this AGREEMENT
shall be deemed to have been fully given when made in writing and received
by the PARTIES at their respective addresses as follows:
LOCAL AGENCY
Attn: Maintenance Manager: Rodney Tidwell
Address: City of Temecula
41000 Main Street
City, Zip: Temecula, Ca 92590
STATE
Attn: Chris Nator
Address: Caltrans District 8 - Division of Maintenance
Maintenance Project Management, MS-1 107
464 W. 4th Street
City, Zip: San Bernardino, Ca 92401-1400
7. Excluded Maintenance Activities.
7.1 Unsheltered Encampment Relocation. LOCAL AGENCY shall not engage
in any activities to relocate any persons experiencing homelessness who
are situated within STATE Right of Way. LOCAL AGENCY shall comply with
the processes and procedures set forth in STATE's "Interim Guidance on
Encampments, Prioritizing and Addressing Encampments on Caltrans-
owned Property," dated July 2021, and as may be amended during the
term of this AGREEMENT (Interim Guidance).
7.2 Abandoned Encampments. If LOCAL AGENCY encounters abandoned
homeless encampments at or within STATE Right of Way, LOCAL AGENCY
shall comply with the processes and procedures set forth in STATE's Interim
Guidance, including but not limited to coordination with STATE and the
local California Highway Patrol.
CCMA TR-08-22-CN21
City of Temecula
7.3 Hazardous Material Clean up. LOCAL AGENCY shall not engage in any
hazardous material clean-up activities. If LOCAL AGENCY encounters any
hazardous materials, including but not limited to bloodborne pathogens,
biological waste, feces, syringes, needles, sharp objects or unknown
substances during maintenance services performed under this
AGREEMENT, LOCAL AGENCY shall immediately contact STATE's District
Hazardous Material Manager for appropriate action.
7.4 Weed Abatement. LOCAL AGENCY shall not perform any weed
abatement, remove overgrown brush, trees, grass and limbs or conduct
any spraying, grading, mowing or discing for any maintenance services
within STATE Right of Way.
8. Graffiti Removal. LOCAL AGENCY's graffiti removal shall be limited to removal
of text only in accordance with Streets and Highway Code Section 96. Any
graffiti that in any way resembles a mural, artwork, paintings, or other similar
elements may not be removed. LOCAL AGENCY shall discuss such possible art
with STATE's District 8 Transportation Art Coordinator
(Alma beth.Anderson@dot.ca.gov) before conducting any graffiti removal or
remediation. STATE shall pay the actual cost of LOCAL AGENCY's graffiti
removal as specified in Section 1 1 of this AGREEMENT.
9. Maintenance Service Schedule. LOCAL AGENCY shall provide STATE's District
8 Area Maintenance Superintendent, Chad Slater, at least twenty-four (24)
hour prior telephone or email notice before performing any maintenance
services under this AGREEMENT. His email and phone number are:
Chad.Slater@dot.ca.gov (951) 272-1040. LOCAL AGENCY shall provide the
DMAC identified in this AGREEMENT with a litter, debris and graffiti removal
schedule. Maintenance services shall be provided at a minimum weekly basis.
Maintenance services shall be performed between the hours of 6:00 am and
6:00 pm and may be performed on weekends and holidays if necessary.
LOCAL AGENCY must request through the DMAC a prior written approval from
STATE's District Maintenance Supervisor to perform any maintenance services
before 6:00 am or after 6:00 pm.
10.Authorized Reimbursement. The functions and levels of maintenance services
delegated to LOCAL AGENCY in the attached Exhibits A and B and amounts
appropriated to STATE pursuant to the Clean California Beautification Program
of 2021 have been considered in setting authorized total dollar amounts.
LOCAL AGENCY may perform additional work if desired, but STATE will not
reimburse LOCAL AGENCY for any work in excess of the authorized dollar limits
established herein.
11. Cost Reimbursement. STATE shall reimburse LOCAL AGENCY for LOCAL
AGENCY's actual and necessary costs incurred to perform the maintenance
services under this AGREEMENT; provided, however, that STATE's
CCMA TR-08-22-CN21
City of Temecula
reimbursement shall not exceed the maximum authorized expenditures listed
in Exhibit B.
11.1 Amendment to Approved Expenditures. Upon LOCAL AGENCY's written
request, the expenditures per route for maintenance services set forth in
Exhibits A and B may be increased, decreased, or redistributed between
routes pursuant to the PARTIES executing an appropriate amendment in
accordance with section 5 above. All such adjustments must be
authorized in writing by the District Director or his/her authorized
representative.
11.2 Term of Expenditures. Additional expenditures or an adjustment of
expenditures once authorized shall apply only for the term of this
AGREEMENT and shall not be deemed to permanently modify or change
the basic maximum expenditures per route as specified in Exhibits A and
B. Any expenditure adjustments shall not affect or alter any other terms
of this AGREEMENT.
12. Billing, Payment and Reporting.
12.1 Billing Date. LOCAL AGENCY shall submit billing invoices to STATE's DMAC
each month beginning after the first month LOCAL AGENCY has
performed maintenance services under this AGREEMENT. LOCAL
AGENCY shall not submit billing invoices for reimbursement of costs less
than $500 more than once each quarter. LOCAL AGENCY shall also
submit billing invoices promptly following the close of STATE's fiscal year
on each June 30tn.
12.2 Billing Submission Format. Each billing invoice shall include all of the
following:
(a) STATE's Clean California Program Code: CLEANCADMA;
(b) AGREEMENT number; CCMA TR-08-22-CN21
(c) Date(s) of services;
(d) Location of services;
(e) Number of hours and hourly rates;
(f) Receipts for trash disposal;
(g) Receipts for equipment, materials and supplies; and
(h) LOCAL AGENCY's Performance Report that includes the information
required under section 15 of this AGREEMENT.
STATE shall pay LOCAL AGENCY for the maintenance services
satisfactorily performed in accordance with the rates and schedules in
Exhibits A and B.
CCMA TR-08-22-CN21
City of Temecula
13.Successors. This AGREEMENT shall be binding upon and inure to the benefit of
each of the PARTIES' successors -in -interest, including, but not limited to any
public entity to whom any part of the STATE Right of Way covered under this
AGREEMENT may be relinquished and any subsequently incorporated city or
other municipality established within the LOCAL AGENCY's jurisdictional limits.
14. Encroachment Permits. Before LOCAL AGENCY may enter STATE Right of Way
to perform any maintenance services in the areas covered by this
AGREEMENT, STATE's District 8 Encroachment Permit Office must issue an initial
encroachment permit at no cost to LOCAL AGENCY. LOCAL AGENCY must
obtain additional encroachment permits, if necessary, to enter or perform any
work within STATE right of way not covered by this AGREEMENT. STATE will issue
these additional encroachment permits at no cost to LOCAL AGENCY. LOCAL
AGENCY's contractors and sub -contractors must apply for and be issued
separate encroachment permits before they may enter STATE Right of Way to
perform any maintenance or work under this AGREEMENT.
15. Performance Monitoring. LOCAL AGENCY shall prepare a Performance Report
to record and report the quantity and description of litter, debris, and graffiti
removed and maintenance services performed at each clean-up site and
location set forth in Exhibits A and B. This Performance Report shall include
dated and executed documents demonstrating the weight and/or amount of
litter, debris, and graffiti removed, including disposal receipts from authorized
disposal sites and/or landfills. The DMAC (or other title Le; RESOURCE
MANAGER) may also request that LOCAL AGENCY provide photographs of
the sites taken before and after LOCAL AGENCY's maintenance services are
performed.
16. Legal Disposal of Litter Collected.
LOCAL AGENCY shall make its own arrangements for the legal disposal of litter
or debris materials to authorized disposal sites. LOCAL AGENCY shall not leave
any filled litter bags, litter piles or other groups of litter assembled during its
maintenance services along or in STATE Right of Way. Such litter groupings shall
be removed out of STATE Right of Way each day LOCAL AGENCY performs the
maintenance services in this AGREEMENT.
17. Safety and Worker Compliance. LOCAL AGENCY shall be solely responsible
for crew pay, workers compensation and any other benefits required by state
and federal law. Subcontractors and crew members are not considered
STATE's employees at any time. LOCAL AGENCY shall comply with all
applicable State and Federal statutes and regulations governing worker and
public safety, including but not limited to compliance with CAL -OSHA
regulations and guidelines. LOCAL AGENCY shall make arrangements through
the DMAC if traffic controls, flags, signs, or lane closures are necessary to safely
perform any maintenance services.
CCMA TR-08-22-CN21
City of Temecula
18. Equipment and Supplies. LOCAL AGENCY shall provide the necessary
equipment, tools, personal protective equipment, materials, supplies and
products necessary to perform the maintenance services under this
AGREEMENT. STATE shall reimburse LOCAL AGENCY for the reasonable costs
of such equipment and supplies not to exceed the authorized expenditures
set forth in Exhibit B.
19. Legal Relations and Responsibilities.
19.1 No Third -party Beneficiaries. This AGREEMENT is not intended to create
duties, obligations, or rights of third parties beyond the PARTIES to this
AGREEMENT, nor does this AGREEMENT affect a PARTY's legal liability by
imposing any standard of care for the maintenance of STATE highways
different from the standard of care imposed by law.
19.2 Indemnification. Neither STATE nor any of its officers or employees is
responsible for any injury, damage or liability occurring by reason of
anything done or omitted to be done by LOCAL AGENCY in connection
with any work, authority or jurisdiction conferred upon LOCAL AGENCY
under this AGREEMENT. LOCAL AGENCY shall fully defend, indemnify,
and save harmless STATE and its officers and employees from all claims,
suits, or actions of every kind occurring by reason of anything done or
omitted to be done by LOCAL AGENCY, its contractors, sub -contractors
and/or its agents pursuant to this AGREEMENT.
Neither LOCAL AGENCY nor any of its officers or employees is responsible
for any injury, damage or liability occurring by reason of anything done
or omitted to be done by STATE, in connection with any work, authority
or jurisdiction conferred upon STATE under this Agreement. STATE shall
fully defend, indemnify, and save harmless LOCAL AGENCY and its
officers and employees from all claims, suits, or actions of every kind
occurring by reason of anything done or omitted to be done by STATE
under this Agreement.
19.3 Work -related Injuries. If a LOCAL AGENCY -assigned crew member is
injured while performing maintenance services under this AGREEMENT,
LOCAL AGENCY or its designated subcontractor shall be responsible for
ensuring the crew member is given prompt medical care and treatment
and, if necessary, transportation to a medical facility. LOCAL AGENCY
or its designated subcontractor shall administer any injury and workers
compensation claims. LOCAL AGENCY shall notify the DMAC (or other
title) within twenty-four (24) hours when any such incident has occurred.
20. Prevailing Wages and Labor Compliance. LOCAL AGENCY shall comply with
any and all applicable labor and prevailing wage requirements in Labor Code
Sections 1720 through 1815 and implementing regulations for public works or
CCMA TR-08-22-CN21
City of Temecula
maintenance contracts and subcontracts executed for the LOCAL AGENCY's
maintenance services under this AGREEMENT.
21.Self -Insured. LOCAL AGENCY is self -insured. LOCAL AGENCY shall deliver
evidence of self -insured coverage providing general liability insurance,
coverage of bodily injury and property damage liability, in an amount of $1
million per occurrence and $2 million in aggregate and $5 million in excess by
delivering a Letter Certifying Self -Insurance. The Letter of Self -Insurance must
be substantially in the form of Exhibit C and identify the AGREEMENT number,
and location as depicted in Exhibits A and B. LOCAL AGENCY shall provide
the original Letter Certifying Self -Insurance as a condition to STATE's execution
of this AGREEMENT. A copy of the original letter shall be attached to this
AGREEMENT as Exhibit C.
Self -Insured using Contractor. If the work performed under this AGREEMENT is
done by LOCAL AGENCY`s contractor(s), LOCAL AGENCY shall require its
contractor(s) to maintain in force, during the term of this AGREEMENT, a policy
of general liability insurance, including coverage of bodily injury and property
damage liability, naming STATE, its officers, agents and employees as the
additional insured in an amount of $1 million per occurrence and $2 million in
aggregate and $5 million in excess. LOCAL AGENCY shall provide a certificate
of insurance evidencing this insurance in a form satisfactory to STATE.
22. Budget Contingency. STATE's payments to LOCAL AGENCY are contingent
upon the Legislature appropriating sufficient funds under the Budget Act, the
allocation of funding by the Clean California State Beautification Program of
2021 as appropriate, and the encumbrance of funding to STATE's District
Office.
23.Termination. This AGREEMENT may be terminated by the mutual written
consent of each PARTY. STATE may terminate this AGREEMENT for
convenience or for cause upon thirty (30) day prior written notice to LOCAL
AGENCY. LOCAL AGENCY may terminate this AGREEMENT upon thirty (30) day
prior written notice to STATE.
24.Term of Agreement. This AGREEMENT shall become effective on the last of the
dates each PARTY's authorized representative has executed this AGREEMENT
and shall expire on June 30, 2024, unless terminated or amended.
25.Authority. Each individual executing this AGREEMENT on behalf of each PARTY
represents and warrants that he/she is duly authorized to execute this
AGREEMENT as authorized under Streets and Highways Code Sections 114 and
130. LOCAL AGENCY represents and certifies that it has, through its regular
political process, authorized the execution of this AGREEMENT by appropriate
resolution, delegation, or plenary authority as required.
CCMA TR-08-22-CN21
City of Temecula
26. Counterparts. This AGREEMENT may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which together shall
constitute one and the same document.
27. Electronic Signatures. Electronic signatures of the PARTIES, whether digital or
encrypted, are intended to authenticate this written AGREEMENT, and shall
have the same force and effect as manual signatures for this AGREEMENT.
THE LOCAL AGENCY OF Temecula
Dated:
Matt Rahn, Mayor
INITIATED AND APPROVED:
Dated:
Randi Johl, City Clerk
APPROVED AS TO FORM
Peter M. Thorson, City Attorney
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
Dated:
Jim A. Rogers
District Deputy Director
District 8
CCMA TR-08-22-CN21
City of Temecula
EXHIBIT A
+ Interstate 15 (1-35)
Litter, Debris, and Graffiti
RemoraI by City of Terri ecuIa
Temecula City Limits
TEMECULA
Haven
rlourtaqe, Gwdei
y
J a�Y
.V
I�
k � I
{
Route
Length
Description of Routing
Program Code
No.
Miles
1-15
5.2
PM R2.0 to 7.2 - 0.5 mile north of Truck
CLEANCADMA
Inspection Facility northbound onramp to 0.4
mile north of north bound/south bound SR
79/Winchester
CCMA TR-08-22-CN21
City of Temecula
EXHIBIT B
BREAKDOWN & LISTING OF MAINTENANCE TASKS
Rte
Post
Litter per
Large
Graffiti
Traffic
Other
Maximum Authorized
No.
Miles
Bag (EA)
Items
Sq. Ft.
Control
(EA)
Expenditures
1-15
R2.0 to
X
X
X
X
X
Actual Cost
7.2
TOTAL MAXIMUM AUTHORIZED EXPENDITURES: $300,000.00
CCMA TR-08-22-CN21
City of Temecula
EXHIBIT C
LETTER CERTIFYING CITY'S SELF -INSURED STATUS
On Local Agency letterhead
California Department of Transportation District 8
ATTN: Jim A. Rogers, Deputy District Director, Maintenance
464 W. 4th Street
San Bernardino, Ca 92401, MS 1206
20
Re: Statement of Self -Insurance for City of Temecula for Clean California
Maintenance Agreement No. CCMA TR-08-22-CN22 with California Department
of Transportation for the maintenance services along 1-15 at PM R2.0/7.2.
Dear Mr. Rogers:
This letter certifies that the CITY of Temecula is self -insured and self -funded
covering third -party claims arising out of its general operations (i.e.; commercial
general liability and automobile liability insurance). Further, the CITY is self -insured
covering workers' compensation claims and has received the consent of the
State Department of Industrial Relations to do so.
Each fiscal year, as a part of its budgetary process, the CITY appropriates funds
specifically to satisfy valid third -party claims and workers' compensation claims,
which may be brought against the CITY.
The CITY certifies its self -insured, general liability coverage for bodily injury and
property damage liability, and meets the required coverage amounts in section
21 (Insurance) of the Clean California Maintenance Agreement, specifically
general liability insurance, coverage of bodily injury and property damage liability
in an amount of $1 million per occurrence and $2 million in aggregate and $5
million in excess.
If you need any additional information regarding this letter, please direct those
inquiries through my office.
Sincerely,
Finance Manager/Risk Manager/Authorized Representative's Title
Item No. 13
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works / City Engineer
DATE: March 22, 2022
SUBJECT: Approve the Plans and Specifications and Authorize Solicitation of Construction
Bids for the Sidewalks — DLR Drive Project, PW 19-18
PREPARED BY: Avlin R. Odviar, Senior Civil Engineer
Shawna Bennetts, Associate Civil Engineer
RECOMMENDATION: That the City Council:
1. Approve the plans and specifications and authorize the Department of Public Works
to solicit construction bids for the Sidewalks — DLR Drive Project, PW 19-18; 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.
BACKGROUND: The Sidewalks — DLR Drive Project is an infrastructure project that
will include the construction of sidewalks on the north side of northerly leg and the west side of
DLR Drive.
The Project includes construction of new sidewalk, ADA-compliant driveways, landscaping
removal and replacement, utility adjustments, and minor drainage facilities.
The 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 estimate of construction cost is $200,000 and estimate of construction duration is
30 working days (approximately 1.5 months).
This project is exempt from the CEQA requirements pursuant to Article 19, Categorical
Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Section 15301 states that
the repairs and maintenance of existing highways and streets are Class 1 activities which are
exempt from CEQA.
FISCAL IMPACT: The Sidewalks — DLR Drive Project is identified in the City's
Capital Improvement Program (CIP) budget for Fiscal Years 2022-2026 and is funded with
General Fund. Adequate funds are available in the project accounts to construct this project.
ATTACHMENTS: Project Description and Location
Adk
C7"` The Heart of Southern California
Wine Country
SIDEWALKS - DLR DRIVE
Infrastructure Project
Project Description: This project will include the construction of sidewalks on
the north side of northerly leg and the west side of DLR Drive.
Benefit: This project will provide walking surfaces for pedestrians and will
facilitate the construction of the Lexus dealership.
Core Value: Transportation Mobility and Connectivity
Project Status: This is estimated to be complete by Fiscal Year2021-22.
Department: Public Works - Account No. 210.265.999.721 / PW19-18
Level: I
City of Temecula
Fiscal Years 2022-26
Capital Improvement Program
Project Cost:
Prior Years
Actuals
2021-22
2020-21 Adopted 2022-23 2023-24 2024-25 2025-26
Adjusted Budget Projected Projected Projected Projected
Total Project
Cost
Administration
42,910
31,090 22,789
96,789
Construction
284,130
284,130
Construction Engineering
18,081
18,081
Design & Environmental
39,106
12,554
51,660
MSHCP
14,206
14,206
Total Expenditures
1 82,0161
360,061 22,789
464,866
Source of Funds:
General Fund 80,000 362,077 22,789 464,866
Total Funding 80,000 362,077 22,789 464,866
Future Operating & Maintenance Costs:
Total Operating Costs
140
Item No. 14
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer
DATE: March 22, 2022
SUBJECT: Accept Improvements and File the Notice of Completion for the Citywide Slurry
Seal Program — Fiscal Year 2020-21, PW21-01
PREPARED BY: Kendra Hannah-Meistrell, Senior Civil Engineer
Chris White, Associate Engineer II
RECOMMENDATION: That the City Council:
1. Accept the construction of the Citywide Slurry Seal Program — Fiscal Year 2020-
21, PW21-01, as complete; and
2. Direct the City Clerk to file and record the Notice of Completion, release the
Performance Bond, and accept a one-year Maintenance Bond in the amount of 10%
of the final contract amount; and
3. Release the Labor and Materials Bond seven months after filing the Notice of
Completion, if no liens have been filed.
BACKGROUND: On July 27, 2021, the City Council awarded a construction contract
to American Asphalt South, Inc. in the amount of $1,546,980.04 and authorized the City Manager
to approve construction change orders not to exceed the contingency amount of $154,698.00, to
complete the Citywide Slurry Seal Program — Fiscal Year 2020-21, PW21-01 project.
The project consisted of cleaning and crack sealing the existing roadway surface, placing slurry
seal on approximately 7.75 million square feet of residential roadway throughout Temecula,
including the "Road Diet" on De Portola Road, and restoring striping and pavement markings.
American Asphalt South, Inc. has completed the work in accordance with the approved
specifications to the satisfaction of the Director of Public Works/City Engineer. All work will be
warranted for a period of one year from February 1, 2022, the date the City obtained "beneficial
use" of the project improvements. The retention for this project will be released pursuant to the
provisions of Public Contract Code 7107.
The base amount of the construction contract was $1,546,980.04, two contract change orders were
issued in the amount of $69,069.41. This resulted in a total construction cost of $1,616,049.45.
FISCAL IMPACT: There is no fiscal impact associated with accepting the project and
filing and recording the Notice of Completion.
ATTACHMENTS: 1. Notice of Completion
2. Maintenance Bond
3. Contractor's Affidavit and Final Release
RECORDING REQUESTED 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 Asphalt South, Inc., 19792 El Rivino Road, Riverside, CA 92509 to perform
the following work of improvement:
Citywide Slurry Seal Program — Fiscal Year 2020-21
Project No. PW21-01
4. Said work was completed by said company according to plans and specifications and to
the satisfaction of the Director of Public Works of the City of Temecula and that said work
was accepted by the City Council of the City of Temecula at a regular meeting thereof held
on March 22, 2022. That upon said contract Everest Reinsurance Company, 100
Everest Way, Warren Corporate Center, Warren, NJ 07059, 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:
Various Streets within the City of Temecula
Citywide Slurry Seal Program — Fiscal Year 2020-21
Project No. PW21-01
6. The location of said property is: Various Streets within the City of Temecula,
California.
Dated at Temecula, California, this 22"d day of March, 2022.
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 22nd day of March, 2022.
City of Temecula
Randi Johl, City Clerk
CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS
BOND NO, E800008868
MAINTENANCE BOND
for
CITYWIDE SLURRY SEAL PROGRAM - FISCAL YEAR 2020-21
PROJECT NO. PW21-01
KNOW ALL PERSONS BY THESE PRESENT THAT
American.. Asphalt South, Inc. 19792 El _Rivino Road, Riverside, CA 92509
NAME AND ADDRESS OF CONTRACTOR
a Co Oration (hereinafter called "Principal"), and
(fdl in whether a Corporation, Partnership, or Individual)
Everest Reinsurance Company 100 Everest Way, Warren Corporate Center, Warren, NJ 07059
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 Ohs Hundred Sixty One Thousand Six Hundred Four DOLLARS
AND Ninety Five CENTS ($161,604.95 ) 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 27th day of July , 2021 ,
a copy of which is hereto attached and made a part hereof for the construction of CITYWIDE
SLURRY SEAL PROGRAM - FISCAL YEAR 2020-21, PROJECT NO. PW21-01.
WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee
for the period of one year after approval of the final estimate on said job, by the Owner, against
all defects in workmanship and materials which may become apparent during said period; and
WHEREAS, the said ntract has been completed, and was the final estimate approved on this
the I Sr day of Ve hf-uCLj L� , 2011)U
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year
from the date of approval of the final estimate on said job pursuant to the Contract, the work done
under the terms of said Contract shall disclose poor workmanship in the execution of said work,
and the carrying out of the terms of said Contract, or it shall appear that defective materials were
furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this
instrument shall be void.
As a part of the obligation secured hereby and in addition to the face amount specified, costs and
reasonable expenses and fees shall be included, including reasonable attorney's fees incurred
MAINTENANCE BOND MB-1
by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and
included in any judgment rendered.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition
to the terms of the Contract, or to the work to be performed thereunder, or to the specifications
accompanying the Sams, shall in any way affect its obligations on this bond, and it does hereby
waive notice of any such change, extension of time, alteration, or addition to the terms of the
Contract, or to the work, or to the Specifications.
Signed and sealed this IOth day of February , 2022 .
(Seal)
SURETY: Everest Reinsurance Company
By.
Sara Walliser
(Name)
Attorney -in -Fact
(Title)
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
PRINCIPAL: American Asphalt South, Inc
By:
Je,
(Name)
(Title)
By.
(Name)
- �'e' C
(Title)
NOTE: Signatures of two corporate officers required for corporations. A Notarial
Acknowledgement or Jurat must be attached for each of the Surety and Principal
Signatures.
MAINTENANCE BOND MB-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Bernardino
On February 11, 2022
before me, Rosa Maria Arteaga- Notary
(insert name and title of the officer)
personally appeared Jeff Petty and Tim Griffin
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 htWshe/they executed the same in hisihe/their
authorized capacity(ies), and that by hWheNtheir 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
*rrr■rr***rrrrrrrrrrrrr*rr*rrrrr*rrw**+
ROSA MARIA ARTEAGA:
COMM 402372221 N
NOTARY PUOLIC - CAUFORMA
* SAN BERNARCHNO COUNTY `
i My C0(MW6 ]n EVk" kgxg 25, 2W5
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Butte )
On February 10, 2022 before me, K. Corey Ward, Notary Public
(insert name and title of the officer)
personally appeared Sara Walliser ,
who proved to me on the basis of satisfactory evidence to be the person(&} whose name(&) is/afe
subscribed to the within instrument and acknowledged to me that fie/she/" executed the same in
4Wher/t#ei* authorized capacity(+es and that by 4is/her/th4a* signature(6) on the instrument the
person(s*, or the entity upon behalf of which the person(6) 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 �i-
K COREY WARD i
93 z COMM. # 2253847
NOTARY PUBIC • CAUFORNIA
COUNTY OF BUM
COMM.AUG. 12.2022
(Seal) �° — -
ZVERES\,
POWER OF ATTORNEY
EVEREST REINSURANCE COMPANY
DELAWARE
KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company, a corporation of the State of Delaware
("Company") having its principal office located at 477 Martinsville Road, Liberty Corner, New Jersey 07938, do hereby nominate,
constitute, and appoint:
Elizabeth Collodi, John Hopkins, K. Corey Ward, John J. Weber, Joseph H. Weber, Marissa Robinson, Renee Ramsey,
Sara Walliser, Mindy Whitehouse, Jennifer Lakmann, Deanna Quintero, Bill Rapp, Jason March, Matthew Foster,
Tony Clark, Mary Collins, Kristie Phillips, Claudine Gordon, Michael K. Feeney, Samantha Watkins,
Phil Watkins, Brad Espinosa, Paula Senna, Pam Sey
its true and lawful Attorney(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed,
where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed
UNLIMITED, reserving for itself the full power of substitution and revocation.
Such bonds and undertakings, when duly executed by the aforesaid Attorney(s)-in-fact shall be binding upon the Company as fully and to
the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its
corporate seal.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board
of Directors of Company ("Board") on the 28th day of July 2016:
RESOLVED, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are
hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds,
undertakings, contracts or obligations in surety or co -surety with others and that the Secretary or any Assistant Secretary of the Company
be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in
surety or co -surety and attach thereto the corporate seal of the Company.
RESOLVED, FURTHER, that the President, any Executive Vice President, and any Senior Vice President and Anthony
Romano are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on
behalf of the Company, bonds and undertakings in surety or co -surety with others, and that the Secretary or any Assistant Secretary of
the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto
the corporate seal of the Company.
RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the
Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or
certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any
bond, undertaking, contract or obligation in surety or co -surety with others to which it is attached.
IN WITNESS WHEREOF, Everest Reinsurance Company has caused their corporate seals to be affixed hereto, and these presents to
be signed by their duly authorized officers this 28th day of July 2016.
�5Ur3►Z�
Everest Reinsurance Company
¢�P
21 SfAI
y 197.)
u► °rinwn+� T
*
Attest: Nicole Chase, Assistant Secretary
By: Anthony Romano, Vice President
On this 28th day of July 2016, before me personally came Anthony Romano, known to me, who, being duly sworn, did execute the above
instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was
affixed thereto; and that he executed said instrument by like order.
LINDA ROBINS
Notary Public, State ofNew York
No 01 R06239736 �9
Qualified in Queens County C c�
Term Expires April 25, 2023
Linda Robins, Notary Public
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at the Liberty Corner, this 1 Oth day
of February 2o22
ES 00 01 04 16
CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS
CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
for
CITYWIDE SLURRY SEAL PROGRAM - FISCAL YEAR 2020-21
PROJECT NO. PW21-01
This is to certify that Amerlca6 AA(yd- c.�c J &✓
(hereinafter the "Contractor") declares to the City of Temecula, under oath, that he/she/it has paid
in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for
by the Contractor or by any of the Contractor's agents, employees or subcontractors used or in
contribution to the execution of its Contract with the City of Temecula, with regard to the building,
erection, construction, or repair of that certain work of improvement known as CITYWIDE
SLURRY SEAL PROGRAM - FISCAL YEAR 2020-21, PROJECT NO. PW21-01, situated in the
City of Temecula, State of California, more particularly described as follows:
SS OR DESCRIBE LOCATION OF WORK
The Contractor declares that it knows of no unpaid debts or claims arising out of said Contract
which would constitute grounds for any third party to claim a Stop Notice against of any unpaid
sums owing to the Contractor.
Further, in connection with the final payment of the Contract, the Contractor hereby disputes the
following amounts:
Description
Dollar Amount to Dispute
Pursuant to Public Contract Code Section 7100, the Contractor does hereby fully release and
acquit the City of Temecula and all agents and employees of the City, and each of them, from any
and all claims, debts, demands, or cause of action which exist or might exist in favor of the
Contractor by reason of payment by the City of Temecula of any contract amount which the
Contractor has not disputed above.
CONTRACTOR:
Dated: c2 40 ' I By: —�Iek
Si ature
Jeff
>°S
Print Name and itle
RELEASE R-1
Item No. 15
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works / City Engineer
DATE: March 22, 2022
SUBJECT: Accept Improvements and File Notice of Completion for Sam Hicks Monument
Park Perimeter Fencing, PW20-12
PREPARED BY: Amer Attar, Engineering Manager
Stacy Fox, Maintenance Superintendent
RECOMMENDATION: That the City Council:
1. Accept the improvements for the Sam Hicks Monument Park Perimeter Fencing,
PW20-12, as complete; and
2. Direct the City Clerk to file and record the Notice of Completion, release the
Performance Bond, and accept a one-year Maintenance Bond in the amount of 10%
of the final contract amount; and
3. Release the Labor and Materials Bond seven months after filing the Notice of
Completion, if no liens have been filed.
BACKGROUND: On January 21, 2021, the City Manager, under the authorities
delegated by the City Council of the City of Temecula in Resolution 2020-83, approved the plans
and specifications and authorized the Department of Public Works to solicit bids for the Sam Hicks
Monument Park Perimeter Fencing Project, PW20-12.
The project included the construction of decorative fencing surrounding the perimeter of Sam
Hicks Monument Park. The decorative fence is composed of a combination of High Density
Polyethylene (HDPE) pipe split rail fence, wrought iron picket fence, concrete veneer pilaster
columns and gates. Construction also included concrete mowcurbs and demolition of existing
mowcurbs, placement of turf, plant material and chain link fence, as well as adjustment and repair
of irrigation system and replacement of sod and shrubs.
Lightning Fence Co. has completed the work in accordance with the approved plans and
specifications to the satisfaction of the Director of Public Works/City Engineer. All work is
warranted for a period of one year from February 22, 2022, 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 $222,665, which includes the original contract amount of $195,210
plus one contract change order totaling $27,455.
FISCAL IMPACT: There is no fiscal impact associated with accepting the project and
filing the Notice of Completion.
ATTACHMENTS: 1. Notice of Completion
2. Maintenance Bond
3. Contractor's Affidavit and Final Release
RECORDING REQUESTED BY
AND RETURN TO:
CITY CLERK
CITY OF TEMECULA
41000 Main Street
Temecula, CA 92590
EXEMPT FROM RECORDER'S FEES
Pursuant to Government Code
Sections 6103 and 27383
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
The City of Temecula is the owner of the property hereinafter described.
2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 92590.
3. The Nature of Interest is a Contract which
Lightning Fence Co., Inc., 14321 Old San
perform the following work of improvement:
was awarded by the City of Temecula to
Pasqual Road, Escondido, CA 92025, to
Sam Hicks Monument Park Perimeter Fencing Project,
Project No. PW20-12
4. Said work was completed by said company according to plans and specifications and to
the satisfaction of the Director of Public Works of the City of Temecula and that said work
was accepted by the City Council of the City of Temecula at a regular meeting thereof held
on March 22, 2022. That upon said contract SureTec Insurance Company, 3131
Camino Del Rio North, #1450, San Diego, CA 92108, 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:
Sam Hicks Monument Park Perimeter Fencing Project,
Project No. PW20-12
6. The location of said property is: 41970 Moreno Road in the City of Temecula
Dated at Temecula, California, this 22"d day of March, 2022.
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 22nd day of March, 2022.
City of Temecula
Randi Johl, City Clerk
CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS
BOND NO. 4435058
MAINTENANCE BOND
for
SAM HICKS MONUMENT PARK PERIMETER FENCING PROJECT
PROJECT NO. PW20-12
KNOW ALL PERSONS BY THESE PRESENT THAT
Lightning Fence Co, Inc., 14321 Old San Pasqua[ Road, Escondido, CA 92025
NAME AND ADDRESS OF CONTRACTOR
a Corporation (hereinafter called "Principal"), and
(fill in whether a Corporation, Partnership, or Individual)
Atlantic Specialty Insurance Company, 6300 Owensmouth Ave, 10th FI, Woodland Hills, CA 91362
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 Twenty Two Thousand Two Hundred Sixty Six DOLLARS
AND Fifty CENTS ($ 22,266.50*****) 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 8th day of March , 20 21
a copy of which is hereto attached and made a part hereof for the construction SAM HICKS
MONUMENT PARK PERIMETER FENCING PROJECT, PROJECT NO. PW20-12.
WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee
for the period of one year after approval of the final estimate on said job, by the Owner, against
all defects in workmanship and materials which may become apparent during said period; and
WHEREAS, the said Contract has been completed, and was the final estimate approved on this
the 22nd day of February , 2022
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
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 7th day of March 20 22
(Seal)
SURETY: AtJaritic pgci nsurance Company
By:
Kenneth D. Thomas
(Name)
Attorney -In -Fact
(Title) sEEATTACIiSD
CALIFORNIA
ALL PURPOSEACKNOYAE0"'P
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
PRINCIPAL: Lightning Fence C p y, Inc.
By.
Daniel Flud
(Name)
President
(Title)
By:
(Name)
(Title)
NOTE: Signatures of two corporate officers required for corporations. A Notarial
Acknowledgement or Jurat must be attached for each of the Surety and Principal
Signatures.
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 San Diego
On O'L 7t before me, Deborah L. Milne, Notary public, personally
appeared
who proved to me on the basis of satisfactory evidence
to be the person(t) whose name(6) is/ape subscribed to
the within instrument and acknowledged to me that
he/fey executed the same in his/him
authorized capac-rty(ies), and that by his/hef4heir
signature(s) on the instrument the person*), or the
entity upon behalf of which the persons)_ acted,
executed the instrument-
C'77-,
DEy PE" L. MILNE I certify under PENALTY OF PERJURY under the laws
" `: Notary Public -Californiamj San Count Diego
e v of the state of California that the foregoing paragraph is
` Commission # 2330293 [
My Comm. Exoires J41 12 2024, ■ true and correct.
Witness my hand and official seal_
Signature �/C4
-OPTIONAL
Though the information below is not required by law, it may prove vaivabie to persons relying on the document and could
prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document AC r n /' 66-� C= e e6124 C./
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
_ Individual Individual _ - -
—Corporate Officer —Title(s): Corporate Officer —Titles .
Partner - _ Limited General Top of thumb here — rt ()- Top of thumb here
— _Partner - _Limited _General
— Attorney in Fact
Trustee _ Attorney in Fact
_ Trustee
— Guardian or Conservator _ Guardian or Conservator
—Other: — Other•
Signer is representing: Signer is representing:
intact
INSURANCE
KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth,
Minnesota, does hereby constitute and appoint: Kenneth D. Thomas, each individually if there be more than one named, its true and lawful Attomey-in-Fact, to make,
execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided
that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity,
and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized
officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of
Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer") may execute for and in behalf of the Company any and
all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the
Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company
seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attomey-in-
Fact.
Resolved; That the Attomey-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds,
recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall
be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit
required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof.
This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY
INSURANCE COMPANY on the twenty-fifth day of September, 2012:
Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by
facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and sealing any bond,
undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company
as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though
manually affixed.
IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company
to be affixed this twenty-seventh day of April, 2020.
`Q6 �fp0RATF':-J�
=� SEAL14 tel
1986 0 _ By
STATE OF MINNESOTA &.yFW vo¢l,,Aa :` Paul J. Brehm, Senior Vice President
HENNEPIN COUNTY
>�
On this twenty-seventh day of April, 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me
personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me
duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the
signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company.
.- dh t
w A ALISON DWAN NABN•TROUT
I NOTARY PUBLIC • MINNESOTA
My Commission Expires
�e January 31, 2025WW
Notary Public
I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full
force and has not been revoked, and the resolutions set forth above are now in force.
Signed and sealed. Dated day of
c�U, �(yHP{tRAlr� �2
SEAL:
`—' 1986
This Power of Attorney expires
January 31, 2025
Kara Barrow, Secretary
CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS
CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
for
SAM HICKS MONUMENT PARK PERIMETER FENCING PROJECT
PROJECT NO. PW20-12
This is to certify that 0/ /
(hereinafter the "Contractor") declares to the i y of Temecula, under oath, that he/she/it has paid
in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for
by the Contractor or by any of the Contractor's agents, employees or subcontractors used or in
contribution to the execution of its Contract with the City of Temecula, with regard to the building,
erection, construction, or repair of that certain work of improvement known as SAM HICKS
MONUMENT PARK PERIMETER FENCING PROJECT, PROJECT NO. PW20-12, situated in
the City of Temecula, State of California, more particularly described as follows:
sca/,V f/ ckS loh 0, K
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.
Dated:'2- 31' a;)- By:
I'nnt Name ana I itle
Item No. 16
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer
DATE: March 22, 2022
SUBJECT: Accept Improvements and File the Notice of Completion for the Infill Mini Pump
Track at Long Canyon Creek Park, PW21-05
PREPARED BY: Avlin Odviar, Senior Civil Engineer
Ryan Castillo, PW Inspector II/Interim Project Manager
RECOMMENDATION: That the City Council:
1. Accept the Improvements for the Infill Mini Pump Track at Long Canyon Creek
Park, PW21-05, as complete; and
2. Direct the City Clerk to file and record the Notice of Completion, release the
Performance Bond; and
3. Release the Labor and Materials Bond seven months after filing the Notice of
Completion if no liens have been filed.
BACKGROUND: On October 5, 2021, the Director of Public works awarded a
construction contract to American Ramp Company, Inc. in the amount of $60,000.00 to construct
the Infill Mini Pump Track at Long Canyon Creek Park, PW21-05 (Project).
Per section 22032 of the Public Contract 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 and
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 Project is approximately 6,734 square feet in area with an asphalt riding surface of
approximately 2,709 square feet and a course length of approximately 254 linear feet.
The contractor has completed the work in accordance with the approved contract and to the
satisfaction of the Director of Public Works/City Engineer. The quality of workmanship shall be
guaranteed for one-year from date of acceptance per the Agreement for Minor Construction
Services contract. The retention for this project will be released pursuant to the provisions of Public
Contract Code 7107.
FISCAL IMPACT: There is no fiscal impact associated with accepting the Project and
filing the Notice of Completion.
ATTACHMENTS: 1. Notice of Completion
2. 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:
Infill Mini Pump Track at Long Canyon Creek Park, PW21-05
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 March 22, 2022. That upon said contract
the Western Surety Company, 101 South Reid Street, Suite 300, 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:
Infill Mini Pump Track at Long Canyon Creek Park, PW21-05
6. The location of said property is: 29657 North General Kearny Rd, Temecula CA 92591
Dated at Temecula, California, this 22"d day of March, 2022.
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 22nd day of March, 2022.
City of Temecula
Randi Johl, City Clerk
CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS
CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE
for
INFILL MINI PUMP TRACK AT LONG CANYON CREEK PARK
PROJECT NO. PW21-05
This is to certify that American Ramp Company
(hereinafter the "Contractor") declares to the City of Temecula, under oath, that he/she/it has paid
in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for
by the Contractor or by any of the Contractor's agents, employees or subcontractors used or in
contribution to the execution of its Contract with the City of Temecula, with regard to the building,
erection, construction, or repair of that certain work of improvement known as Infill Mini Pump
Track at Long Canyon Creek Park, PROJECT NO. PW21-05, situated in the City of Temecula,
State of California, more particularly described as follows:
Long Canyon Creek Park 29657 North General Kearny Rd., Temecula, CA 92591
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 USP Lite
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 OR:
Dated: Feb 23, 2022 By:
Signatur
Don Wimer Project Manager
Print Name and Title
Item No. 17
ACTION MINUTES
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
MARCH 8, 2022
CALL TO ORDER at 9:08 PM: President James Stewart
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 Rahn. The vote reflected
unanimous approval.
15. Approve Action Minutes of February 22, 2022
Recommendation: That the Board of Directors approve the action minutes of February 22,
2022.
16. Approve Cooperative Agreement Between Temecula Community Services District and the
Temecula Grape Stompers Square Dance Club in Support of Facility Use
Recommendation: That the Board of Directors approve a cooperative agreement between
Temecula Community Services District and the Temecula Grape
Stompers Square Dance Club in support of facility use.
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGER REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
At 9:10 PM, the Community Services District meeting was formally adjourned to Tuesday, March 22,
2022 at 5:30 PM for a Closed Session, with a regular session commencing at 7:00 PM, City Council
Chambers, 41000 Main Street, Temecula, California.
James Stewart, President
ATTEST:
Randi Johl, Secretary
[SEAL]
Item No. 18
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: March 22, 2022
SUBJECT: Conduct a Public Hearing to Consider Extension of an Interim Urgency Ordinance
of the City Council of the City of Temecula Enacted Pursuant to Government Code
Section 65858 Establishing Emergency Regulation Related to Urban Lot Splits and
Housing Units Built in Accordance With Senate Bill 9, Declaring the Urgency
Thereof and Making Determination of Exemption Under the California
Environmental Quality Act (CEQA) Guidelines Sections 65852.210) and
15061(b)(3)
PREPARED BY: Matt Peters, Senior Planner
RECOMMENDATION: That the City Council adopt urgency ordinance, by a 4/5 vote,
extending Interim Urgency Ordinance No. 2022-03 entitled:
ORDINANCE NO. 2022-
AN INTERIM URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF TEMECULA, EXTENDING
INTERIM URGENCY ORDINANCE NO. 2022-03,
ESTABLISHING EMERGENCY REGULATIONS PURSUANT
TO GOVERNMENT CODE SECTION 65858 ON URBAN LOT
SPLITS AND HOUSING UNITS BUILT IN ACCORDANCE
WITH SENATE BILL 9, AND MAKING A DETERMINATION
OF EXEMPTION UNDER CEQA
SUMMARY OF
ORDINANCE: Senate Bill 9 (SB 9) specifically authorizes local agencies to impose
objective zoning, subdivision, and design standards consistent with the bill's provisions, and to
adopt an ordinance to implement its provisions. The default standards contained in the new state
law lack sufficient objective zoning, subdivision, and design standards to preserve the health,
welfare and safety of the community. The City of Temecula desires to clarify the objective zoning
and design standards that will apply to the ministerial review of qualifying urban lot splits and
residential developments in the City's single-family residential zones.
BACKGROUND: Current zoning regulations permit up to three units on a parcel zoned
for a single-family dwelling: one primary dwelling; one Accessory Dwelling Unit (ADU); and one
Junior Accessory Dwelling Unit (JADU).
Senate Bill 9 (SB 9) was signed by Governor Newsom on September 16, 2021, and became
effective January 1, 2022 (see Attachment 5). It requires that a local jurisdiction allow ministerial
approval (no discretionary review) of two units on parcels zoned for single family dwellings per
lot and/or the subdivision of a single-family zoned parcel into two equal sized parcels (a 40 to 60
percent split of lot size is allowed). This type of subdivision ("urban lot split") may result in each
lot containing a duplex or two detached residential units.
SB 9 allows cities to adopt objective development standards that regulate such projects provided
they do not conflict with the Senate Bill. All new development resulting from an urban lot split
must follow the City's Objective Design Standards adopted by City Council (Ordinance 2022-02
and Resolution 2022-08), provided the new development meets the definition of a multi -family
dwelling unit.
ANALYSIS: On February 22, 2022, pursuant to Government Code Section
65858, the Temecula City Council enacted Interim Urgency Ordinance No. 2022-03. Adoption of
the Interim Urgency Ordinance imposed a moratorium on the approval of applications for housing
development projects and urban lot splits permitted by Senate Bill 9 that do not meet the objective
zoning and design standards contained in the ordinance.
Adoption of the Interim Urgency Ordinance also means that the added protection developed by
the City was put in place immediately and applied to any SB 9 applications for a period of 45 days
(expiring on April 8, 2022). State Urgency Ordinance provisions are structured so that during the
45-day period, further studies may be conducted to determine if additional standards or regulations
are warranted. After 45 days, the City Council can extend the ordinance for another 320 days and
another one-year extension of the ordinance is allowed after the 320-day extension.
Government Code Section 65858(d) requires that "ten days prior to the expiration or extension of
any interim zoning ordinance, the legislative body [City Council] must issue a written report
describing the measures taken to alleviate the condition which led to the adoption of the
ordinance." On March 8, 2022, the City Council issued a public report identifying measures taken
to alleviate the conditions that led to the adoption of the Interim Urgency Ordinance, which
included the following:
• Further research and analyze the standards adopted by other jurisdictions;
• Assess the compatibility of proposed structures and subdivisions with
existing neighborhoods;
• Determine an estimated number and location of new units resulting from
implementation of SB 9;
• Identify the potential for applying objective development standards created
to address the new construction of multiple -family dwellings;
• Determine the adequacy of City infrastructure to provide services including
but not limited to the following: water; gas, electrical and cable utilities;
sanitation; trash disposal; school capacity; and police and fire services; and
• Evaluate the affordability of housing units that are constructed as a result of
SB 9 in Temecula.
Extra time is necessary to thoroughly research and evaluate a permanent, non -urgency ordinance
that updates/amends the Municipal Code establishing objective land use regulations and
technical/design standards pertaining to SB 9 housing development projects and urban lot splits in
the City. As a result of the potential impacts to existing neighborhoods stemming from the passage
of SB 9, it is recommended that the City extend the attached ordinance to allow additional time for
analyzing the various aspects of the housing development and urban lot split development. Staff
recommends that the City Council extend the attached Interim Urgency Ordinance Extension for
a period of 10 months and 15 days, through and including February 21, 2023.
FISCAL IMPACT: Costs associated with the extension of the Urgency Ordinance are
covered by the General Fund.
ATTACHMENTS: 1. Extension of Interim Urgency Ordinance
2. Adopted Interim Urgency Ordinance No. 2022-03
3. February 22, 2022 Agenda Report to City Council
4. March 8, 2022 Alleviation Agenda Report to City Council
5. Senate Bill 9
ORDINANCE NO. 2022-
AN INTERIM URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF TEMECULA, EXTENDING
INTERIM URGENCY ORDINANCE NO. 2022-03,
ESTABLISHING EMERGENCY REGULATIONS
PURSUANT TO GOVERNMENT CODE SECTION 65858 ON
URBAN LOT SPLITS AND HOUSING UNITS BUILT IN
ACCORDANCE WITH SENATE BILL 9, AND MAKING A
DETERMINATION OF EXEMPTION UNDER CEQA
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. Prior Ordinance. On February 22, 2022, the City Council adopted
Interim Urgency Ordinance No. 2022-03 establishing emergency regulations pursuant to
Government Code Section 65858 on urban lot splits and housing units built in accordance with
Senate Bill 9. That ordinance has a term of forty-five (45) days and is scheduled to expire on April
8, 2022.
SECTION 2. Legislative Findings. The City Council of the City of Temecula
does find, determine, and declare that:
A. California state law allows a City to adopt an interim ordinance that imposes
temporary restrictions on the approval of land use entitlements that may be in conflict with a
contemplated general plan, specific plan or zoning proposal that the legislative body or planning
commission intends to study within a reasonable time. Pursuant to California Government Code
Section 65858, an interim urgency zoning ordinance must be adopted by not less than a four -fifths
vote of the City Council and is effective for forty-five (45) days from the date of its adoption.
B. The City Council may consider up to two (2) extensions of Interim Urgency
Ordinance No. 2022-03 pursuant to the legal requirements provided in Government Code Section
65858. The City Council may initially extend Interim Urgency Ordinance No. 2022-03 by up to
ten (10) months and fifteen (15) days. Then, City Council may extend Interim Urgency Ordinance
No. 2022-03 for one (1) subsequent year. Both extensions require a four -fifths vote of the City
Council.
C. On September 16, 2021, California Governor Gavin Newsom signed SB 9,
entitled the "California Home Act", into law, which establishes a series of new regulations to allow
for ministerial approval of two units on parcels located in single-family residential zones as
outlined in Government Code Sections 65852.21 and 66411.7. SB 9 took effect on January 1,
2022.
D. SB 9 requires cities to ministerially approve a parcel map for an urban lot
split and/or a proposed housing development containing a maximum of two residential units within
a single-family residential zone, if the two -unit or subdivision project meets certain statutory
criteria. SB 9 specifies that proposed projects and subdivisions cannot be proposed in prohibited
locations under Government Code Section 65913.4(a)(6)(B)-(K), such as in an earthquake fault
zone, lands under conservation easement, a federally designated flood plain, and high fire hazard
severity zones as defined under state law.
E. SB 9 further restricts the standards and regulations that local agencies may
impose on qualifying two -unit or subdivision projects. In addition, SB 9 permits a local agency to
deny a proposed two -unit or subdivision project only if the agency makes a written finding based
on preponderance of the evidence that the proposed project would have a specific, adverse impact
upon public health and safety or the physical environment, which is a very high standard for
municipalities to meet under the statute.
F. Some parcels within the City are within high fire hazard severity zones, or
other locations where increased density may cause safety concerns. The City has substantial
interests in protecting the community against these hazards. Unregulated or disorderly
development represents an ever-increasing and true threat to the health, welfare and safety of the
community.
G. SB 9 specifically authorizes local agencies to impose objective zoning,
subdivision, and design standards consistent with the bill's provisions, and to adopt an ordinance
to implement its provisions. The default standards contained in the new state law lack sufficient
objective zoning, subdivision, and design standards to preserve the health, welfare and safety of
the community. The City of Temecula desires to clarify the objective zoning and design standards
that will apply to the ministerial review of qualifying urban lot splits and residential developments
in the City's single-family residential zones.
H. The City Council is concerned that under the City's current zoning
standards and current general plan policies, the approval of qualifying urban lot splits and
residential developments pursuant to SB 9 might cause a disproportionate public health, safety and
welfare impact to the City of Temecula community and to its residents — including potential
detrimental impacts on vehicular and pedestrian safety, emergency response, and housing
affordability — without compensating benefits to the community.
I. The City Council finds that studies need to be conducted to determine the
proper location, concentration, regulations, and other land use regulatory controls that need to be
in place in order to ensure that the approval of qualifying urban lot splits and residential
developments pursuant to SB 9 does not burden the City and its residents and that the procedures
for allowing such uses need to be studied to enable the City to address and mitigate potential
burdens on the communities affected by these developments.
J. The City Council finds that in order to best protect the immediate threat to
the public health, safety, and welfare, it is necessary for the City to immediately study and analyze
the implications of approving qualifying urban lot splits and residential developments pursuant to
SB 9 in the City. To accomplish this, the City Council imposed, on an urgency basis, emergency
regulations related to urban lot splits and residential developments proposed pursuant to SB 9.
regulations.
K. The City Council now finds that it is necessary to extend the emergency
2
L. These emergency regulations will allow City staff, the City Council,
property owners, and the people of the City of Temecula sufficient time to analyze the burdens that
urban lot splits and residential developments proposed pursuant to SB 9 will have on the City so
that the appropriate land use regulatory controls and zone changes can be adopted if needed.
During this period, the City will be able to analyze their potential impacts on the public health.
The City Council finds that these studies will help the City Council and the City's Planning
Department determine how best to prevent impacts to the public health, safety and welfare. The
City Council further finds that these emergency regulations will allow time to evaluate the City's
General Plan designations and policies, zoning measures or development standards and develop
appropriate regulations for qualifying urban lot splits and residential developments in the City to
achieve a reasonable level of assurance that there will not be serious negative impacts to the overall
community and ensure positive outcomes for the City's residents, business community, property
owners, and developers.
M. The City Council finds that it is necessary that this Interim Urgency
Ordinance take effect immediately as there is a current and immediate threat to the public health,
safety and welfare. Without this Interim Urgency Ordinance, urban lot splits and residential
developments proposed pursuant to SB 9 may be established in the City that may be in conflict
with regulations ultimately adopted. Without this Interim Urgency Ordinance, such urban lot splits
and residential developments may be allowed to develop within the City that are incompatible with
surrounding neighborhoods. Therefore, a current and immediate threat to the public safety, health
and welfare exists.
N. For the reasons specified above and all the evidence in the record, the City
Council finds that there is a current and immediate threat to the public health, safety and welfare
caused by the approval of qualifying urban lot splits and residential developments pursuant to SB
9 in the City, and that the approval of any entitlement to allow such type of use would constitute a
current and immediate threat to the public health, safety, and welfare of the residents of the City.
SECTION 3. Compliance with Government Code Section 65858(d).
Government Code Section 65858(d) requires that ten days prior to the expiration or extension of
any interim zoning ordinance, the City Council must issue a written report describing the measures
taken to alleviate the condition which led to the adoption of the ordinance. On March 8, 2022, the
City Council issued this report.
SECTION 4. Adoption as an Interim Urgency Zoning Ordinance. This
Ordinance is adopted as an interim urgency zoning ordinance pursuant to the provisions of
Government Code Section 65858(a), and shall be effective immediately upon its adoption. Based
upon the findings set forth in Section 2 of this Interim Urgency Ordinance, the City Council finds
and determines that the adoption of this Interim Urgency Ordinance as an urgency ordinance is
necessary for the immediate preservation of public health, safety, and welfare pursuant to the
requirements of Government Code Sections 65858(a) and 36937(b).
SECTION 5. Emergency Regulations Extended. The emergency regulations
enacted by the City of Temecula pursuant to Interim Urgency Ordinance No. 2022-03 are hereby
extended pursuant to Government Code Section 65858 for ten (10) months and fifteen (15) days
so as to extend these regulations until and through February 21, 2023. The urgency ordinance
3
hereby extends emergency regulations of urban lot splits and housing units built in accordance
with Senate Bill 9.
SECTION 6. Term. This Interim Urgency Ordinance shall take effect
immediately upon adoption, and this Interim Urgency Ordinance shall expire, and the emergency
regulations established hereby shall terminate, ten (10) months and fifteen (15) days after the 45-
day expiration date of Interim Urgency Ordinance No. 2022-03, unless extended by the City
Council at a regularly noticed public hearing pursuant to California Government Code Section
65858. The City Council shall retain the authority to terminate or to limit the scope of the
emergency regulations at any time.
SECTION 7. CEQA Finding. The City Council hereby finds, in the exercise of
its independent judgment and analysis, that this Interim Urgency Ordinance is exempt from the
California Environmental Quality Act ("CEQA") because it can be seen with certainty that this
Interim Urgency Ordinance has no likelihood of causing a significant negative effect on the
environment and accordingly both the City Council's action of adopting this Interim Urgency
Ordinance and the effects derivative from that adoption are exempt from the application of CEQA
pursuant to State CEQA Guideline Section 15061(b)(3) (14 Cal. Code Regs. § 15061(b)(3)). This
Interim Urgency Ordinance will provide temporary emergency regulations related to SB 9
Development Projects and Urban Lot Splits in the City in order to protect the public health, safety,
and general welfare, and will thereby serve to avoid potentially significant adverse environmental
impacts during the term of the emergency regulations. There is no possibility that adopting this
Interim Urgency Ordinance will have a significant effect on the environment. It is therefore not
subject to the California Environmental Quality Act review pursuant to Title 14, Chapter 3, Section
15061(b)(3) of the California Code of Regulations and no environmental analysis is required.
Furthermore, this Interim Urgency Ordinance is exempt from the CEQA pursuant to Government
Code Section 65852.210). The Community Development Director shall prepare and file a Notice
of Exemption for this Interim Urgency Ordinance.
SECTION 8. Planning Studies. City staff shall continue the studies commenced
pursuant to Interim Urgency Ordinance No. 2022-03 that they deem necessary and appropriate to
make a recommendation to this City Council regarding the structuring of the General Plan, zoning
and other necessary regulatory controls over SB 9 Development Projects within the City of
Temecula. Pursuant to Government Code Section 65858(d), City staff shall prepare and submit
for City Council adoption, at least ten (10) days prior to the expiration of this Interim Urgency
Ordinance, or any extension hereof, a written report describing the measures taken to alleviate the
conditions which led to the adoption of this Interim Urgency Ordinance.
SECTION 9. Extension of Time. The Community Development Director and the
City Clerk's office shall undertake all actions legally necessary to extend this Interim Urgency
Ordinance in the event the studies desired by this City Council will not be concluded on or before
the termination of the Urgency ordinance.
SECTION 10. Effect of Ordinance. This Interim Urgency Ordinance is intended
to supersede any ordinance or resolution of the City of Temecula in conflict with the terms of this
Interim Urgency Ordinance; provided, however, that nothing contained in this Interim Urgency
Ordinance is intended to nor shall be construed to impair the prosecution or other enforcement
action for violations of such ordinances.
SECTION 11. Severability. If any section, subsection, subdivision, sentence,
clause, phrase, or portion of this Interim Urgency Ordinance, is for any reason held to be invalid
or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Interim Urgency Ordinance. The City Council
hereby declares that it would have adopted this Interim Urgency Ordinance, and each section,
subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that
any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions
thereof be declared invalid or unconstitutional.
SECTION 12. Effective Date. This Interim Urgency Ordinance shall take effect
immediately upon its passage. It shall be of no further force or effect ten (10) months and fifteen
(15) days from the 45-day expiration date of Interim Urgency Ordinance No. 2022-03, unless
extended pursuant to the legal requirements contained in Government Code Section 65858.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 22"d day of March, 2022.
Matt Rahn, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing
Ordinance No. 2022- was duly adopted and passed as an interim urgency ordinance at a
meeting of the City Council of the City of Temecula on the 22nd day of March, 2022, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
6
ORDINANCE NO. 2022-03
AN INTERIM URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF TEMECULA ENACTED
PURSUANT TO GOVERNMENT CODE SECTION 65858
ESTABLISHING EMERGENCY REGULATIONS RELATED
TO URBAN LOT SPLITS AND HOUSING UNITS BUILT IN
ACCORDANCE WITH SENATE BILL 9, DECLARING THE
URGENCY THEREOF AND MAKING A DETERMINATION
OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES
SECTION 15061(B)(3) AND GOVERNMENT CODE
SECTION 65852.21(J)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. Legislative Findings. The City Council of the City of Temecula does find,
determine and declare that:
A. California state law allows a City to adopt an interim ordinance that imposes
temporary restrictions on the approval of land use entitlements that may be in conflict with a
contemplated general plan, specific plan, or zoning proposal that the legislative body or planning
commission intends to study within a reasonable time. Pursuant to California Government Code
Section 65858, this interim urgency zoning Ordinance must be adopted by not less than a four -
fifths vote of the City Council and will be in effect for forty-five (45) days from the date of its
adoption. The City Council may consider an extension of this interim Ordinance pursuant to the
legal requirements provided in Government Code Section 65858.
B. On September 16, 2021 California Governor Gavin Newsom signed SB 9, entitled
the "California Home Act", into law, which establishes a series of new regulations to allow for
ministerial approval of two units on parcels located in single-family residential zones as outlined
in Government Code Sections 65852.21 and 66411.7. SB 9 took effect on January 1, 2022.
C. SB 9 requires cities to ministerially approve a parcel map for an urban lot split
and/or a proposed housing development containing a maximum of two residential units within a
single-family residential zone, if the two -unit or subdivision project meets certain statutory criteria.
SB 9 specifies that proposed projects and subdivisions cannot be proposed in prohibited locations
under Government Code Section 65913.4(a)(6)(B)-(K), such as in an earthquake fault zone, lands
under conservation easement, a federally designated flood plain, and high fire hazard severity
zones as defined under state law.
D. SB 9 further restricts the standards and regulations that local agencies may impose
on qualifying two -unit or subdivision projects. In addition, SB 9 permits a local agency to deny a
proposed two -unit or subdivision project only if the agency makes a written finding based on
preponderance of the evidence that the proposed project would have a specific, adverse impact
upon public health and safety or the physical environment, which is a very high standard for
municipalities to meet under the statute.
E. The City of Temecula's natural beauty, high quality of life, and diverse residential
communities are uniquely valuable public resources. Some parcels within the City are also within
high fire hazard severity zones, or other locations where increased density may cause safety
concerns. The City has substantial interests in protecting the community against these hazards.
Unregulated or disorderly development represents an ever-increasing and true threat to the health,
welfare and safety of the community.
F. SB 9 specifically authorizes local agencies to impose objective zoning, subdivision,
and design standards consistent with the bill's provisions, and to adopt an ordinance to implement
its provisions. The default standards contained in the new state law lack sufficient objective
zoning, subdivision, and design standards to preserve the health, welfare and safety of the
community. The City of Temecula desires to clarify the objective zoning and design standards
that will apply to the ministerial review of qualifying urban lot splits and residential developments
in the City's single-family residential zones.
G. The City Council is concerned that under the City's current zoning standards and
current general plan policies, the approval of qualifying urban lot splits and residential
developments pursuant to SB 9 might cause a disproportionate public health, safety and welfare
impact to the City of Temecula community and to its residents - including potential detrimental
impacts on vehicular and pedestrian safety, emergency response, and housing affordability -
without compensating benefits to the community.
H. The City Council finds that studies need to be conducted to determine the proper
location, concentration, regulations, and other land use regulatory controls that need to be in place
in order to ensure that the approval of qualifying urban lot splits and residential developments
pursuant to SB 9 does not burden the City and its residents and that the procedures for allowing
such uses need to be studied to enable the City to address and mitigate potential burdens on the
communities affected by these developments.
I. The City Council finds that in order to best protect the immediate threat to the
public health, safety, and welfare, it is necessary for the City to immediately study and analyze the
implications of approving qualifying urban lot splits and residential developments pursuant to SB
9 in the City.
J. To accomplish this, the City Council intends to impose, on an urgency basis,
emergency regulations related to urban lot splits and residential developments proposed pursuant
toSB9.
K. These emergency regulations will allow City staff, the City Council, property
owners, and the people of the City of Temecula sufficient time to analyze the burdens that urban
lot splits and residential developments proposed pursuant to SB 9 will have on the City so that the
appropriate land use regulatory controls and zone changes can be adopted if needed. During this
period, the City will be able to analyze their potential impacts on the public health. The City
Council finds that these studies will help the City Council and the City's Planning Department
determine how best to prevent impacts to the public health, safety and welfare. The City Council
further finds that these emergency regulations will allow time to evaluate the City's General Plan
designations and policies, Housing Element programs, zoning measures or development standards
and develop appropriate regulations for qualifying urban lot splits and residential developments in
the City to achieve a reasonable level of assurance that there will not be serious negative impacts
to the overall community and ensure positive outcomes for the City's residents, business
community, property owners, and developers.
L. The City Council finds that it is necessary that this interim Ordinance take effect
immediately as there is a current and immediate threat to the public health, safety and welfare.
Without this interim Ordinance, urban lot splits and residential developments proposed pursuant
to SB 9 may be established in the City that may be in conflict with regulations ultimately adopted.
Without this interim Ordinance, such urban lot splits and residential developments may be allowed
to develop within the City that are incompatible with surrounding neighborhoods. Therefore, a
current and immediate threat to the public safety, health and welfare exists.
M. For the reasons specified above and all the evidence in the record, the City Council
finds that there is a current and immediate threat to the public health, safety and welfare caused by
the approval of qualifying urban lot splits and residential developments pursuant to SB 9 in the
City, and that the approval of any entitlement to allow such type of use would constitute a current
and immediate threat to the public health, safety, and welfare of the residents of the City.
SECTION 2. Adoption as an Urgency Interim Zoning Ordinance. This interim
Ordinance is adopted as an urgency zoning ordinance pursuant to the provisions of Government
Code Section 65858(a), and shall be effective immediately upon its adoption. Based upon the
findings set forth in Section 1 of this interim Ordinance, the City Council finds and determines
that the adoption of this interim Ordinance as an urgency ordinance is necessary for the immediate
preservation of public health, safety and welfare pursuant to the requirements of Government Code
Sections 65858(a) and 36937(b).
SECTION 3. Prohibition on SB 9 Projects that Fail to Comply with Certain
Standards. Notwithstanding any other ordinance or provision of the Temecula Municipal Code,
SB 9 Development Projects, as defined herein, are prohibited unless the project complies with the
following requirements:
A. Definitions. For the purposes of this interim Ordinance, certain words and phrases
are defined as follows:
1. "Accessory Dwelling Unit" has the same meaning ascribed in California
Government Code Section 65852.2, as the same may be amended from time
to time.
2. "Junior Accessory Dwelling Unit" has the same meaning ascribed in
California Government Code Section 65852.22, as the same may be
amended from time to time.
3. "Primary Residence" means the original dwelling on the property.
4. "SB 9" means a state law passed by the California state senate and approved
by the Governor on September 16, 2021. The bill amends Government
Code section 66452.6 and adds Government Code sections 65852.21 and
66411.7.
5. "SB 9 Development Project" consists of an Urban Lot Split or development
project proposed pursuant to the regulations set forth in SB 9.
6. "Urban Lot Split" means a parcel map subdivision permitted pursuant to the
regulations set forth in SB 9 that creates no more than two parcels of
approximately equal size.
B. Applicability: Ministerial Compliance Review.
1. Notwithstanding any other provision of the Temecula Municipal Code, the
provisions of this interim Ordinance shall apply to SB 9 Development
Projects and Urban Lot Splits that are proposed for lots in the Hillside
Residential (HR), Rural Residential (RR), Very Low Density Residential
(VL), Low Density Residential (L-1 and L-2), and Low Medium Density
Residential (LM) zoning districts, as well as areas within Specific Plans and
Planned Development Overlay Areas that are limited to single family
residential uses. Except as expressly provided in this interim Ordinance or
SB 9, all other regulations of the underlying zone of a property developed
pursuant to SB 9 shall apply, along with all other applicable regulations
from the Temecula Municipal Code.
2. Proposed SB 9 Development Projects shall be subject to ministerial review
by the Community Development Director or his designee to determine
whether the criteria for approval have been met. An Urban Lot Split shall
be processed as a parcel map, but no discretionary review or public hearing
shall be conducted if all required criteria have been met.
3. Notwithstanding Government Code Section 66411.1, the City shall not
require dedications of rights -of -way or the construction of offsite
improvements for the parcels being created as a condition of issuing a parcel
map for an Urban Lot Split.
4. Applicants are required to submit an application, including any maps,
records, or other documents required by the Community Development
Director. Applicants must provide a sworn statement affirming eligibility
with SB 9 regulations.
5. The City may, at the applicant's expense, conduct independent inquiries and
investigation to ascertain the veracity of any or all portions of the sworn
statement.
C. General Requirements. A property owner seeking approval of an SB 9
Development Project shall comply with the following general requirements:
1. SB 9 and all objective requirements of other applicable state law including
the Subdivision Map Act.
2. The Temecula Municipal Code, including Titles 16 (Subdivisions), 15
(Buildings and Construction) and 17 (Zoning), except as expressly provided
in SB 9 or in this interim Ordinance.
3. Execution and recording of a covenant, supplied by the City and subject to
the approval of the City Attorney, that contains the following provisions:
a. Non-residential uses on the site shall be prohibited;
b. The short term rental for periods less than 30 days of any units on
the site shall be prohibited as provided in Section 17.06.030;
Any subsequent Urban Lot Split of land that was previously
subdivided with an Urban Lot Split shall be prohibited;
d. Except as provided in Government Code Section 66411.7 for
community land trusts and qualified nonprofit corporations, the
owner of the property for which an Urban Lot Split is proposed shall
sign an affidavit stating that the owner intends to occupy one of the
housing units as their principal residence for at least three years from
the date of the approval of the Urban Lot Split;
e. Ongoing compliance with all SB 9 requirements and restrictions
shall be required;
f. Access to the public right-of-way shall be maintained in perpetuity;
and
g. All required parking shall be maintained.
4. If the SB 9 Development Project involves an Urban Lot Split, one of the
two parcels created shall include a deed restriction for one income restricted
dwelling unit that shall be rented or leased at an affordable rent for very
low, low or moderate -income households (as defined in Health and Safety
Code Section 50053). The deed restriction shall remain in place for a period
of not less than fifty-five years. Upon request from the City, the property
owner shall furnish a copy of the rental or lease agreement for the deed
restricted unit.
D. Objective Standards. All SB 9 Development Projects shall comply with the
following objective standards:
1. All new development resulting from an urban lot split must comply with the
City's Objective Design Standards adopted by City Council (Ordinance
2022-02, and City Council Resolution 2022-08 and their successor
ordinances and resolutions), to the extent those standards are consistent with
SB 9 and this Interim Ordinance.
2. For an urban lot split that results in only one new unit being developed on
the lot, the new development shall match the existing primary dwelling
unit's roof pitch; roof type shapes (e.g.; s-tiles, flat tiles, etc.); materials,
and colors; siding/stucco finish and color; base materials (e.g.; rocks/brick
on columns); window sizes and shapes; and trim material and color.
3. One enclosed or partially enclosed parking space is required for each unit
created pursuant to the regulations in SB 9 and this interim Ordinance,
unless the parcel upon which the unit is created is within one-half mile
walking distance of a high quality transit corridor or a major transit stop or
there is a car share vehicle located within one block of the project. Required
parking for an Urban Lot Split lot shall be accessed via an alley, if there is
an alley adjacent to the lot.
4. The new lot line must be a straight line starting from the front property line
to the rear property line, or side if it is a corner lot. There shall be no curves
or angles when subdividing a lot.
5. Non-public utility electrical elements such as wires, conduits, junction
boxes, transformers, ballasts, and switch and panel boxes shall be concealed
from view from adjacent public rights -of -way.
6. All flashing, sheet metal vents, and pipe stacks shall be painted to match the
adjacent roof or wall material.
7. Pedestrian access to a public street or alley shall be provided with an
exterior pedestrian pathway from the primary entrances of each unit to the
adjoining sidewalk, street, or alley.
8. More than 25 percent of the exterior structural walls of a Primary Residence
shall not be demolished if the Primary Residence has been occupied by a
tenant in the three years prior to the submission of an SB 9 Development
Project application.
9. No unit created pursuant to the regulations in SB 9 and this interim
Ordinance shall exceed 16 feet and one story in height.
10. No unit created pursuant to the regulations in SB 9 and this interim
Ordinance shall be more than 1,200 square feet in floor area. For the
purposes of this interim Ordinance, basements shall count as floor area.
11. Any units created pursuant to the regulations in SB 9 and this interim
Ordinance shall have a minimum four foot setback from all side and rear lot
lines except as allowed by Government Code Section 65852.21.
12. Any units created pursuant to the regulations in SB 9 and this interim
Ordinance shall be separated from any other units on the same lot by at least
10 feet.
13. An SB 9 Development Project shall not require the demolition or alteration
of any of the following:
a. Housing that is subject to a recorded covenant, ordinance, or law
that restricts rents to levels affordable to persons and families of
moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through
a public entity's valid exercise of its police power.
C. Housing that has been occupied by a tenant in the three years prior
to the submission of an SB 9 Development Project application.
d. Housing units removed from the rental market under the Ellis Act
within the 15 years prior to the submission of an SB 9 Development
Project application.
14. A SB 9 Development Project shall not be permitted on a parcel located in:
a. Prime farmland or farmland of statewide importance, as defined
pursuant to United States Department of Agriculture land inventory
and monitoring criteria, as modified for California, and designated
on the maps prepared by the Farmland Mapping and Monitoring
Program of the State Department of Conservation.
b. Wetlands, as defined in the United States Fish and Wildlife Service
Manual, Part 660 FW 2 (June 21, 1993).
C. A very high fire hazard severity zone, as determined by the State
Department of Forestry and Fire Protection pursuant to Government
Code Section 51178, or within a high or very high fire hazard
severity zone as indicated on maps adopted by the State Department
of Forestry and Fire Protection pursuant to Public Resources Code
Section 4202. This subparagraph does not apply to sites excluded
from the specified hazard zones by a local agency, pursuant to
subdivision (b) of Government Code Section 51179, or, sites that
have adopted fire hazard mitigation measures pursuant to existing
building standards or state fire mitigation measures applicable to the
development.
d. A hazardous waste site that is listed pursuant to Government Code
Section 65962.5 or a hazardous waste site designated by the State
Department of Toxic Substances Control pursuant to Health and
Safety Code Section 25356, unless the State Department of Public
Health, State Water Resources Control Board, or State Department
of Toxic Substances Control has cleared the site for residential use
or residential mixed uses.
e. A delineated earthquake fault zone as determined by the State
Geologist in any official maps published by the State Geologist,
unless the development complies with applicable seismic protection
building code standards adopted by the California Building
Standards Commission under the California Building Standards
Law (Part 2.5 (commencing with Section 18901) of Division 13 of
the Health and Safety Code), and by any local building department
under Chapter 12.2 (commencing with Section 8875) of Division 1
of Title 2 of the Government Code.
f. A special flood hazard area subject to inundation by the 1 percent
annual chance flood (100-year flood) as determined by the Federal
Emergency Management Agency in any official maps published by
the Federal Emergency Management Agency, unless either of the
following are met: (1) the site has been subject to a Letter of Map
Revision prepared by the Federal Emergency Management Agency
and issued to the City, or (2) the site meets Federal Emergency
Management Agency requirements necessary to meet minimum
flood plain management criteria of the National Flood Insurance
Program pursuant to Part 59 (commencing with Section 59.1) and
Part 60 (commencing with Section 60.1) of Subchapter B of Chapter
I of Title 44 of the Code of Federal Regulations.
g. A regulatory floodway as determined by the Federal Emergency
Management Agency in any official maps published by the Federal
Emergency Management Agency, unless the development has
received a no -rise certification in accordance with Section
60.3(d)(3) of Title 44 of the Code of Federal Regulations.
h. Lands identified for conservation in an adopted natural community
conservation plan pursuant to the Natural Community Conservation
Planning Act (Chapter 10 (commencing with Section 2800) of
Division 3 of the Fish and Game Code), habitat conservation plan
pursuant to the federal Endangered Species Act of 1973 (16 U.S.C.
Sec. 1531 et seq.), or other adopted natural resource protection plan.
i. Habitat for protected species identified as candidate, sensitive, or
species of special status by state or federal agencies, fully protected
species, or species protected by the federal Endangered Species Act
of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered
Species Act (Chapter 1.5 (commencing with Section 2050) of
Division 3 of the Fish and Game Code), or the Native Plant
8
Protection Act (Chapter 10 (commencing with Section 1900) of
Division 2 of the Fish and Game Code).
i. Lands under conservation easement.
k. A historic district or property included on the State Historic
Resources Inventory, as defined in Section 5020.1 of the Public
Resources Code, or a site that is designated or listed as a local
landmark or historic property or district by the City.
15. SB 9 projects shall comply with the Western Riverside County Multiple
Species Habitat Conservation Plan (MSHCP), the MSHCP implementing
agreement, and pay any applicable fees including any local development
mitigation fee.
16. An Urban Lot Split shall comply with SB 9, the standards set forth above,
and the following standards:
a. No lot resulting from an Urban Lot Split shall be smaller than 1,200
square feet.
b. No lot resulting from an Urban Lot Split shall have more than two
residential units inclusive of any Accessory Dwelling Unit or Junior
Accessory Dwelling Unit.
C. The two lots resulting from an Urban Lot Split shall be
approximately equal in size, and no smaller than 40 percent or larger
than 60 percent of the lot area of the original parcel.
d. No flag lots shall be created as a result of an Urban Lot Split if the
subject property is adjacent to an alley, located on a corner, or on a
through lot.
e. The width of any lot resulting from an Urban Lot Split shall not be
less than 20 feet wide.
f. The proposed parcel map shall demonstrate the ability to access the
public right-of-way in perpetuity.
E. Exceptions. The Community Development Director shall approve an exception to
any of the standards specified in this interim Ordinance upon determining that complying with the
standard would physically preclude the construction of up to two residential units per lot or would
physically preclude either of the two residential units from being 800 square feet in floor area.
F. Denial. The Building Official may deny an application for an SB 9 Development
Project upon making both of the following findings in writing based upon a preponderance of
evidence:
1. The proposal would have a specific, adverse impact upon the public health
and safety or the physical environment as defined and determined in
Government Code Section 65589.5(d)(2).
2. There is no feasible method to satisfactorily mitigate or avoid the specific,
adverse impact.
SECTION 4. CEQA Finding. The City Council hereby finds, in the exercise of its
independent judgment and analysis, that this interim Ordinance is exempt from the California
Environmental Quality Act ("CEQA") because it can be seen with certainty that this interim
Ordinance has no likelihood of causing a significant negative effect on the environment and
accordingly both the City Council's action of adopting this interim Ordinance and the effects
derivative from that adoption are exempt from the application of CEQA pursuant to State CEQA
Guideline Section 15061(b)(3) (14 Cal. Code Regs. § 15061(b)(3)). This interim Ordinance will
provide temporary emergency regulations related to SB 9 Development Projects and Urban Lot
Splits in the City in order to protect the public health, safety, and general welfare, and will thereby
serve to avoid potentially significant adverse environmental impacts during the term of the
emergency regulations. There is no possibility that adopting this interim Ordinance will have a
significant effect on the environment. It is therefore not subject to the California Environmental
Quality Act review pursuant to Title 14, Chapter 3, Section 15061(b)(3) of the California Code of
Regulations and no environmental analysis is required. Furthermore, this interim Ordinance is
exempt from the CEQA pursuant to Government Code Section 65852.210). The Community
Development Director shall prepare and file a Notice of Exemption for this interim Ordinance.
SECTION 5. Planning Studies. City staff shall promptly commence the studies they
may deem necessary and appropriate to make a recommendation to this City Council regarding
the structuring of the General Plan, zoning and other necessary regulatory controls over SB 9
Development Projects within the City of Temecula. Pursuant to Government Code Section
65858(d), City staff shall prepare and submit for City Council adoption, at least ten (10) days prior
to the expiration of this interim Ordinance, or any extension hereof, a written report describing the
measures taken to alleviate the conditions which led to the adoption of this interim Ordinance.
SECTION 6. Extension of Time. The Community Development Director and the City
Clerk's office shall undertake all actions legally necessary to extend this interim Ordinance in the
event the studies desired by this City Council will not be concluded on or before the forty-fifth
(45th) day subsequent to the adoption of this interim Ordinance.
SECTION 7. Effect of Ordinance. This interim Ordinance is intended to supersede any
ordinance or resolution of the City of Temecula in conflict with the terms of this interim Ordinance;
provided, however, that nothing contained in this interim Ordinance is intended to nor shall be
construed to impair the prosecution or other enforcement action for violations of such ordinances.
SECTION 8. Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this interim Ordinance, is for any reason held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this interim Ordinance. The City Council hereby declares that it
would have adopted this interim Ordinance, and each section, subsection, subdivision, sentence,
10
clause, phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases or portions thereof be declared invalid or
unconstitutional.
SECTION 9. Effective Date. This interim Ordinance shall take effect immediately upon
its passage. It shall be of no further force or effect forty-five (45) days from the date of its adoption
unless extended pursuant to the legal requirements contained in Government Code Section 65858.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 22nd day of February, 2022.
ATT
Randi Johl, City Clerk
[SEAL]
1
Matt Rahn, Mayor
1
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing
Ordinance No. 2022-03 was duly adopted and passed as an interim urgency ordinance at a meeting
of the City Council of the City of Temecula on the 22°d day of February, 2022, by the following
vote:
AYES: 5 COUNCIL MEMBERS: Alexander, Edwards, Rahn, Schwank,
Stewart
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Randi Johl, City Clerk
12
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: February 22, 2022
SUBJECT: Adopt an Interim Urgency Ordinance of the City Council of the City of Temecula
Enacted Pursuant to Government Code Section 65858 Establishing Emergency
Regulations Related to Urban Lot Splits and Housing Units Built in Accordance
With Senate Bill 9, Declaring the Urgency Thereof and Making a Determination of
Exemption Under the California Environmental Quality Act (CEQA) Guidelines
Section 15061(B)(3) and Government Code Section 65852.21(J)
PREPARED BY: Matt Peters, Senior Planner
RECOMMENDATION: That the City Council adopt by a 4/5 vote the urgency ordinance
entitled:
ORDINANCE NO. 2022-
AN INTERIM URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF TEMECULA ENACTED
PURSUANT TO GOVERNMENT CODE SECTION 65858
ESTABLISHING EMERGENCY REGULATIONS RELATED
TO URBAN LOT SPLITS AND HOUSING UNITS BUILT IN
ACCORDANCE WITH SENATE BILL 9, DECLARING THE
URGENCY THEREOF AND MAKING A DETERMINATION
OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES
SECTIONS 15061(13)(3) AND GOVERNMENT CODE SECTION
65852.21(J)
SUMMARY OF
ORDINANCE: SB 9 specifically authorizes local agencies to impose objective zoning,
subdivision, and design standards consistent with the bill's provisions, and to adopt an ordinance
to implement its provisions. The default standards contained in the new state law lack sufficient
objective zoning, subdivision, and design standards to preserve the health, welfare and safety of
the community. The City of Temecula desires to clarify the objective zoning and design standards
that will apply to the ministerial review of qualifying urban lot splits and residential developments
in the City's single-family residential zones.
BACKGROUND:
Current zoning regulations permit up to three units on a parcel zoned for a single-family dwelling:
one primary dwelling; one Accessory Dwelling Unit (ADU); and one Junior Accessory Dwelling
Unit (JADU).
Senate Bill 9 (SB 9) was signed by Governor Newsom on September 16, 2021 and became
effective January 1, 2022 (see Attachment 1). It requires that a local jurisdiction allow ministerial
approval (no discretionary review) of two units on parcels zoned for single family dwellings per
lot and/or the subdivision of a single-family zoned parcel into two equal sized parcels (a 40 to 60
percent split of lot size is allowed). This type of subdivision ("urban lot split") may result in each
lot containing a duplex or two detached residential units.
SB 9 allows cities to adopt objective development standards that regulate such projects provided
they do not conflict with the Senate Bill. All new development resulting from an urban lot split
must follow the City's Objective Design Standards adopted by City Council (Ordinance 2022-02),
and City Council (Resolution 2022-08).
ANALYSIS:
If the City Council adopts the proposed Interim Urgency Ordinance at the February 22, 2022
meeting and the City Council wishes to proceed with the first extension, such an extension can be
scheduled for a Public Hearing at the March 22, 2022 City Council meeting. But to comply with
the extension requirement, the City would have to take action on a written report describing the
measures taken to alleviate the condition which led to the adoption of the ordinance. This report
would be scheduled for the March 8, 2022 City Council meeting.
The zones in the City where SB 9 projects would be permitted to develop include the Hillside
Residential (HR), Rural Residential (RR), Very Low Density Residential (VL), Low Density
Residential (L-1 and L-2), and Low Medium Density Residential (LM) zoning districts, as well as
areas within Specific Plans and Planned Development Overlay Areas that are limited to single
family residential uses.
Subject to certain exceptions, properties that are identified in the General Plan as being in a "very
high fire hazard severity zone" and/or are located within a federally designated 100-year floodplain
are excluded from SB 9 projects. In addition, per SB 9, SB 9 projects are also not allowed in the
several other areas, including but not limited to earthquake study zones, prime agricultural lands,
hazardous waste sites, and historic districts and/or properties with historic resources.
Objective Development Standards— SB 9 Housing Development
Certain standards, regulations and provisions are established in SB 9 that the City must enforce.
These features of the Senate Bill are listed below:
• Housing. The City must allow ministerial approval of two units in single-family zones per
lot and/or the subdivision of an existing single-family zoned parcel into two approximately
equal sized parcels (a 40 to 60 percent split of lot size is allowed).
• Preservation of Certain Types of Housing. The SB 9 project cannot require the
demolition or alteration of any of the following: (1) rent controlled units, (2) affordable
units, (3) units occupied by tenants within the last three years; or (4) units removed from
the rental market under the Ellis Act within the last 15 years.
• Setbacks. The City must allow setbacks of up to 4 feet from side and rear lot lines. The
City is allowed to impose front yards setbacks, provided that the front yard setback does
not preclude the development of up to two units of at least 800 square feet of floor area
each. The City cannot establish a setback to/for existing structures or structures
constructed in the same location and to the same dimensions as an existing structure.
• Parking. The City can only require 1 off-street parking space per lot unless the parcel is
located within'/2 mile of a high -quality transit corridor or major transit stop or there is a
car share within one block of the parcel.
• Existing Unit Protections. The City must not allow the demolition of more than 25
percent of an existing unit's exterior structural walls, unless permitted by local ordinance
or the site has not been occupied by a tenant in the last three years. The interim urgency
ordinance includes a provision that prohibits demolishing more than 25 percent of an
existing unit as a means of preserving existing housing stock and maintaining current
neighborhood appearances as much as possible.
• Use Restrictions. The City must prohibit any non-residential uses, short-term rentals (less
than 30-day tenancy), and subsequent urban lot splits. The City already prohibits short
term rentals in the City. The City must require an applicant for an urban lot split to sign
an affidavit stating that the owner intends to occupy one of the housing units as their
principal residence for at least three years from the date of the approval of the urban lot
split. The City must also mandate continual access to public rights -of -way.
• Housing Element Report. The City must report the number of units developed pursuant
to SB 9 in its Annual Housing Report.
As discussed previously, the City may adopt objective development standards as long as they do
not preclude the development of up to two units of at least 800 square feet of floor area each. The
City recently adopted Objective Design Standards that apply to multi -family residential projects
and could apply to SB 9 projects. Since the City has some authority to adopt objective
development standards, it is considered prudent to apply any provisions that could increase
community aesthetics as well as promote vehicular and pedestrian safety, emergency response,
housing affordability, and compatibility with existing neighborhoods.
The following are recommended development standards that have been included in the attached
Interim Urgency Ordinance as supplemental to those standards established in SB 9:
1. All new development resulting from an urban lot split must comply with the City's
Objective Design Standards adopted by City Council (Ordinance 2022-02, and City
Council Resolution 2022-08, if the development meets the definition of a multi -unit
residential development.
2. Non-public utility electrical elements such as wires, conduits, junction boxes, transformers,
ballasts, and switch and panel boxes shall be concealed from view from adjacent public
rights -of -way.
3. All flashing, sheet metal vents, and pipe stacks shall be painted to match the adjacent roof
or wall material.
4. Pedestrian access to a public street or alley shall be provided with an exterior pedestrian
pathway from the primary entrances of each unit to the adjoining sidewalk, street, or alley.
5. The maximum unit size for any proposed development on an urban lot split shall be 1,200
square feet. Establishing a maximum unit size will promote the intent and purpose of the
law (to increase the number of affordable housing units) since smaller homes are
considered more affordable.
6. Dwellings proposed in accordance with SB 9 shall be limited to 16 feet of height and
consist of no more than one story. It is presumed that single story dwellings will have
fewer potential impacts to the existing views and have less construction costs resulting in
more affordable housing.
7. Any duplex or other dwelling unit built per the provisions of SB 9 shall provide a 10-foot
separation between other dwelling units on the same lot. (Note: this will promote usable
open space areas, and reduce architectural mass and bulk).
8. If the project involves an urban lot split, one of the two parcels created shall include a deed
restriction for one income restricted dwelling unit that shall be rented or leased at an
affordable rent for very low, low or moderate -income households (as defined in Health and
Safety Code Section 50053). This means that if there is urban lot split that results in four
units (two on each lot), one of the four units will be subject to a deed restriction. The deed
restriction shall remain in place for a period of not less than fifty-five years. Upon request
from the City, the property owner shall furnish a copy of the rental or lease agreement of
the deed restricted unit. Execution and recording of a covenant, supplied by the City and
subject to approval by the City Attorney shall be required. This requirement is being
recommended to ensure that the new units meet the intention of State law to increase the
supply of affordable housing, and to help the City meet its assigned Regional Housing
Need Assessment (RHNA) of 4,193 units to be accommodated during the next eight -year
housing cycle from 2021-2029.
Subdivision/Urban Lot Snlit Provisions of SB 9
The following list identifies the major parameters pertaining to "urban lot splits" found in SB 9:
• Parcel Map. The City is required to ministerially approve an urban lot split through a
parcel map for property that is located in a single family zone.
• Parcel size. No more than two parcels can be created. The new parcels must be
approximately equal in size, with one parcel being no smaller than 40 percent of the original
parcel's size and each new parcel containing at least 1,200 square feet.
• Further Subdivisions. A City can deny further subdivision of the new parcels or if the
owner or someone is acting in concert with the owner has subdivided an adjacent parcel
using an urban lot split.
• Objective Standards. The urban lot split must conform to all objective requirements of
the subdivision map act unless exempted by SB 9. A City is not allowed to apply findings
to an SB 9 tentative map or the parcel map.
• Public Improvements. The City cannot require dedications of right-of-way or offsite
public improvements but can require utility easements and right-of-way access.
• Use Restrictions. The City must restrict the newly created parcels to residential uses and
require the owner to sign an affidavit committing to occupy one of the units as a principal
residence for at least three years. These restrictions may be implemented through an
ordinance applicable to urban lot splits or a requirement to record a restrictive covenant.
• Preservation of Certain Type of Housing. The SB 9 urban lot split is not allowed if it
would require the demolition or alteration of any of the following: (1) rent controlled units,
(2) affordable units, (3) units occupied by tenants within the last three years, or (4) units
removed from the rental market under the Ellis Act within the last 15 years.
• Correction of Non -conforming Zoning. The City cannot require the correction of non-
conforming zoning conditions as a condition of parcel map approval.
• Housing Element Report. The City must report the number of applications for urban lot
splits in its annual Housing Element report.
In addition to the above mandates of SB 9, it is recommended that the City adopt the following
objective development standards (included in the attached Interim Urgency Ordinance) for urban
lot splits to promote logical land development:
1. No flag lots shall be created as a result of an urban lot split if the subject property is adjacent
to an alley, located on a corner, or on a through lot.
2. The width of any lot resulting from an urban lot split shall not be less than 20 feet wide.
3. A proposed parcel map shall demonstrate ability to access the public right-of-way in
perpetuity.
4. No lot resulting from an urban lot split shall have more than two residential units inclusive
of any Accessory Dwelling Unit or Junior Accessory Dwelling Unit.
It is important to note that SB 9 allows local Building Officials to deny a two -unit development
project or urban lot split only by making a written finding, based on a preponderance of evidence,
that the project would have a specific adverse impact on public health and safety or the physical
environment, and that there is no feasible method to mitigate or avoid such an impact. A "specific
adverse impact" must be significant, quantifiable, and direct, based on an objective written public
health or safety standard that existed at the time of the project application was deemed complete.
Inconsistency with a City's General Plan or zoning ordinance does constitute a specific adverse
impact. Staff will be reviewing these projects on a case by case basis to determine whether or not
a specific adverse impact finding can be made.
URGENCY ORDINANCE:
Adoption of the attached Interim Urgency Ordinance means that the added protection developed
by the City will be in place immediately and apply to any applications the City may receive for SB
9 projects for 45 days. State Urgency Ordinance provisions are structured so the during the 45-
day period, further studies may be conducted to determine if additional standards or regulations
are warranted. After 45 days, the City Council can extend the ordinance for another 320 days and
another one-year extension of the ordinance is allowed after the 320-day extension. In summary,
the City will have a total of up to two years to develop a permanent SB 9 ordinance.
ENVIRONMENTAL REVIEW:
The Interim Urgency Ordinance is exempted from the California Environmental Quality Act
("CEQA") because it can be seen with certainty that it has no likelihood of causing a significant
negative effect on the environment and accordingly both the City Council's action of adopting this
interim Ordinance and the effects derivative from that adoption are exempt from the application
of CEQA pursuant to State CEQA Guideline Section 15061(b)(3) (14 Cal. Code Regs
15061(b)(3)). Furthermore, this Interim Ordinance is exempt from CEQA pursuant to Government
Code Section 65852.210).
FISCAL IMPACT:
Costs associated with the code amendment are covered by the General Fund.
ALTERNATIVES:
1. Recommended Action: That the City Council adopt, by at least a four -fifths vote, Interim
Urgency Ordinance No. 2022-xx, establishing emergency regulations for SB 9
development projects.
2. Provide alternative direction to staff.
3. Council may elect not to adopt Interim Urgency Ordinance No. 2022-xx.
ATTACHMENTS:
1. Interim Urgency Ordinance 2022-xx
2. Senate Bill 9
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: March 8, 2022
SUBJECT: Issuance of a Public Report Pursuant to Government Code Section 65858(d)
Regarding Interim Urgency Ordinance No. 2022-03 Establishing Regulations
Related to Urban Lot Splits and Housing Units Built in Accordance With Senate
Bill 9
PREPARED BY: Matt Peters, Senior Planner
RECOMMENDATION: That the City Council issue this report pursuant to Government Code
Section 65858(d).
BACKGROUND: Government Code Section 65858(d) requires that "ten days prior to
the expiration or extension of any interim zoning ordinance, the legislative body [City Council]
must issue a written report describing the measures taken to alleviate the condition which led to
the adoption of the ordinance." On February 22, 2022, pursuant to Government Code Section
65858, the Temecula City Council enacted Interim Urgency Ordinance No. 2022-03 to impose a
moratorium on the approval of applications for housing development projects and urban lot splits
permitted by Senate Bill 9, that do not meet the regulations and standards set forth in the ordinance.
Absent any additional action by the City Council, the Interim Urgency Ordinance will expire after
45 days on April 8, 2022. However, extra time is necessary to thoroughly research and evaluate a
permanent, non -urgency ordinance that updates/amends the Municipal Code establishing objective
land use regulations and technical/design standards pertaining to SB 9 housing development
projects and urban lot splits in the City. Therefore, City staff has scheduled and will notice of a
public hearing for March 22, 2022 so that the City Council may consider extending the Interim
Urgency Ordinance for a period of 10 months and 15 days, through and including February 22,
2023.
In compliance with Government Code Section 65858(d), the City Council hereby issues this report
for Interim Urgency Ordinance No. 2022-03.
Measures taken to alleviate the conditions that led to the adoption of Interim Urgency
Ordinance No. 2022-03:
Since the Interim Urgency Ordinance was adopted, City Staff has continued its research on how
best to implement SB 9 on a permanent basis in order to ensure that the City's varied and unique
residential character is maintained while complying with the provisions of SB. City staff has
begun identifying updates that will specifically address the housing development and design of
structures and urban lot splits permitted by SB 9. While considering zoning and subdivision
provisions, the City will be evaluating issues identified in the Interim Urgency Ordinance, including the
following:
• Further research and analyze the standards adopted by other jurisdictions;
• Assess the compatibility of proposed structures and subdivisions with
existing neighborhoods;
• Determine an estimated number and location of new units resulting from
implementation of SB 9;
• Identify the potential for applying objective development standards created
to address the new construction of multiple -family dwellings;
• Determine the adequacy of City infrastructure to provide services including
but not limited to the following: water; gas, electrical and cable utilities;
sanitation; trash disposal; school capacity; and police and fire services; and
• Evaluate the affordability of housing units that are constructed as a result of
SB 9 in Temecula.
At this time, a preliminary project schedule has been prepared that may include a study session
and/or public hearing with the Planning Commission and City Council. The further evaluation of
potential unexpected increases in residential density will be essential to ensure the health, safety
and welfare of the community as well as to ensure the efficient and adequate delivery of
governmental services.
To ensure that regulations are in place while City staff drafts and the Planning Commission and
City Council considers the adoption of a permanent ordinance, the Urgency Ordinance will need
to be extended. This will serve to protect the City's unique residential character but also ensures
the City's compliance with SB 9 as set forth in the statute.
FISCAL IMPACT: There is no fiscal impact associated with the issuance of this report.
ATTACHMENTS: None
STATE OF CALIFORN IA
co NSEY` AUTHENTICATED
BUREAU ELECTRONIC LEGAL MATERIAL
Senate Bill No. 9
CHAPTER 162
An act to amend Section 66452.6 of, and to add Sections 65852.21 and
66411.7 to, the Government Code, relating to land use.
[Approved by Governor September 16, 2021. Filed with
Secretary of State September 16, 2021.]
LEGISLATIVE COUNSEL'S DIGEST
SB 9, Atkins. Housing development: approvals.
The Planning and Zoning Law provides for the creation of accessory
dwelling units by local ordinance, or, if a local agency has not adopted an
ordinance, by ministerial approval, in accordance with specified standards
and conditions.
This bill, among other things, would require a proposed housing
development containing no more than 2 residential units within a
single-family residential zone to be considered ministerially, without
discretionary review or hearing, if the proposed housing development meets
certain requirements, including, but not limited to, that the proposed housing
development would not require demolition or alteration of housing that is
subject to a recorded covenant, ordinance, or law that restricts rents to levels
affordable to persons and families of moderate, low, or very low income,
that the proposed housing development does not allow for the demolition
of more than 25% of the existing exterior structural walls, except as provided,
and that the development is not located within a historic district, is not
included on the State Historic Resources Inventory, or is not within a site
that is legally designated or listed as a city or county landmark or historic
property or district.
The bill would set forth what a local agency can and cannot require in
approving the construction of 2 residential units, including, but not limited
to, authorizing a local agency to impose objective zoning standards, objective
subdivision standards, and objective design standards, as defined, unless
those standards would have the effect of physically precluding the
construction of up to 2 units or physically precluding either of the 2 units
from being at least 800 square feet in floor area, prohibiting the imposition
of setback requirements under certain circumstances, and setting maximum
setback requirements under all other circumstances.
The Subdivision Map Act vests the authority to regulate and control the
design and improvement of subdivisions in the legislative body of a local
agency and sets forth procedures governing the local agency's processing,
approval, conditional approval or disapproval, and filing of tentative, final,
and parcel maps, and the modification of those maps. Under the Subdivision
Map Act, an approved or conditionally approved tentative map expires 24
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Ch. 162
months after its approval or conditional approval or after any additional
period of time as prescribed by local ordinance, not to exceed an additional
12 months, except as provided.
This bill, among other things, would require a local agency to ministerially
approve a parcel map for an urban lot split that meets certain requirements,
including, but not limited to, that the urban lot split would not require the
demolition or alteration of housing that is subject to a recorded covenant,
ordinance, or law that restricts rents to levels affordable to persons and
families of moderate, low, or very low income, that the parcel is located
within a single-family residential zone, and that the parcel is not located
within a historic district, is not included on the State Historic Resources
Inventory, or is not within a site that is legally designated or listed as a city
or county landmark or historic property or district.
The bill would set forth what a local agency can and cannot require in
approving an urban lot split, including, but not limited to, authorizing a
local agency to impose objective zoning standards, objective subdivision
standards, and objective design standards, as defined, unless those standards
would have the effect of physically precluding the construction of 2 units,
as defined, on either of the resulting parcels or physically precluding either
of the 2 units from being at least 800 square feet in floor area, prohibiting
the imposition of setback requirements under certain circumstances, and
setting maximum setback requirements under all other circumstances. The
bill would require an applicant to sign an affidavit stating that they intend
to occupy one of the housing units as their principal residence for a minimum
of 3 years from the date of the approval of the urban lot split, unless the
applicant is a community land trust or a qualified nonprofit corporation, as
specified. The bill would prohibit a local agency from imposing any
additional owner occupancy standards on applicants. By requiring applicants
to sign affidavits, thereby expanding the crime of perjury, the bill would
impose a state -mandated local program.
The bill would also extend the limit on the additional period that may be
provided by ordinance, as described above, from 12 months to 24 months
and would make other conforming or nonsubstantive changes.
The California Environmental Quality Act (CEQA) requires a lead agency,
as defined, to prepare, or cause to be prepared, and certify the completion
of, an environmental impact report on a project that it proposes to carry out
or approve that may have a significant effect on the environment. CEQA
does not apply to the approval of ministerial projects.
This bill, by establishing the ministerial review processes described above,
would thereby exempt the approval of projects subject to those processes
from CEQA.
The California Coastal Act of 1976 provides for the planning and
regulation of development, under a coastal development permit process,
within the coastal zone, as defined, that shall be based on various coastal
resources planning and management policies set forth in the act.
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Ch. 162
This bill would exempt a local agency from being required to hold public
hearings for coastal development permit applications for housing
developments and urban lot splits pursuant to the above provisions.
By increasing the duties of local agencies with respect to land use
regulations, the bill would impose a state -mandated local program.
The bill would include findings that changes proposed by this bill address
a matter of statewide concern rather than a municipal affair and, therefore,
apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies
and school districts for certain costs mandated by the state. Statutory
provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for
specified reasons.
The people of the State of California do enact as follows:
SECTION 1. Section 65852.21 is added to the Government Code, to
read:
65852.21. (a) A proposed housing development containing no more
than two residential units within a single-family residential zone shall be
considered ministerially, without discretionary review or a hearing, if the
proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing development is located
within a city, the boundaries of which include some portion of either an
urbanized area or urban cluster, as designated by the United States Census
Bureau, or, for unincorporated areas, a legal parcel wholly within the
boundaries of an urbanized area or urban cluster, as designated by the United
States Census Bureau.
(2) The parcel satisfies the requirements specified in subparagraphs (B)
to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(3) Notwithstanding any provision of this section or any local law, the
proposed housing development would not require demolition or alteration
of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law
that restricts rents to levels affordable to persons and families of moderate,
low, or very low income.
(B) Housing that is subject to any form of rent or price control through
a public entity's valid exercise of its police power.
(C) Housing that has been occupied by a tenant in the last three years.
(4) The parcel subject to the proposed housing development is not a
parcel on which an owner of residential real property has exercised the
owner's rights under Chapter 12.75 (commencing with Section 7060) of
Division 7 of Title 1 to withdraw accommodations from rent or lease within
15 years before the date that the development proponent submits an
application.
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Ch. 162 — 4
(5) The proposed housing development does not allow the demolition
of more than 25 percent of the existing exterior structural walls, unless the
housing development meets at least one of the following conditions:
(A) If a local ordinance so allows.
(B) The site has not been occupied by a tenant in the last three years.
(6) The development is not located within a historic district or property
included on the State Historic Resources Inventory, as defined in Section
5020.1 of the Public Resources Code, or within a site that is designated or
listed as a city or county landmark or historic property or district pursuant
to a city or county ordinance.
(b) (1) Notwithstanding any local law and except as provided in
paragraph (2), a local agency may impose objective zoning standards,
objective subdivision standards, and objective design review standards that
do not conflict with this section.
(2) (A) The local agency shall not impose objective zoning standards,
objective subdivision standards, and objective design standards that would
have the effect of physically precluding the construction of up to two units
or that would physically preclude either of the two units from being at least
800 square feet in floor area.
(B) (i) Notwithstanding subparagraph (A), no setback shall be required
for an existing structure or a structure constructed in the same location and
to the same dimensions as an existing structure.
(ii) Notwithstanding subparagraph (A), in all other circumstances not
described in clause (i), a local agency may require a setback of up to four
feet from the side and rear lot lines.
(c) In addition to any conditions established in accordance with
subdivision (b), a local agency may require any of the following conditions
when considering an application for two residential units as provided for in
this section:
(1) Off-street parking of up to one space per unit, except that a local
agency shall not impose parking requirements in either of the following
instances:
(A) The parcel is located within one-half mile walking distance of either
a high -quality transit corridor, as defined in subdivision (b) of Section 21155
of the Public Resources Code, or a major transit stop, as defined in Section
21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel.
(2) For residential units connected to an onsite wastewater treatment
system, a percolation test completed within the last 5 years, or, if the
percolation test has been recertified, within the last 10 years.
(d) Notwithstanding subdivision (a), a local agency may deny a proposed
housing development project if the building official makes a written finding,
based upon a preponderance of the evidence, that the proposed housing
development project would have a specific, adverse impact, as defined and
determined in paragraph (2) of subdivision (d) of Section 65589.5, upon
public health and safety or the physical environment and for which there is
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5 — Ch. 162
no feasible method to satisfactorily mitigate or avoid the specific, adverse
impact.
(e) A local agency shall require that a rental of any unit created pursuant
to this section be for a term longer than 30 days.
(f) Notwithstanding Section 65852.2 or 65852.22, a local agency shall
not be required to permit an accessory dwelling unit or a junior accessory
dwelling unit on parcels that use both the authority contained within this
section and the authority contained in Section 66411.7.
(g) Notwithstanding subparagraph (B) of paragraph (2) of subdivision
(b), an application shall not be rejected solely because it proposes adjacent
or connected structures provided that the structures meet building code
safety standards and are sufficient to allow separate conveyance.
(h) Local agencies shall include units constructed pursuant to this section
in the annual housing element report as required by subparagraph (I) of
paragraph (2) of subdivision (a) of Section 65400.
(i) For purposes of this section, all of the following apply:
(1) A housing development contains two residential units if the
development proposes no more than two new units or if it proposes to add
one new unit to one existing unit.
(2) The terms "objective zoning standards," "objective subdivision
standards," and "objective design review standards" mean standards that
involve no personal or subjective judgment by a public official and are
uniformly verifiable by reference to an external and uniform benchmark or
criterion available and knowable by both the development applicant or
proponent and the public official prior to submittal. These standards may
be embodied in alternative objective land use specifications adopted by a
local agency, and may include, but are not limited to, housing overlay zones,
specific plans, inclusionary zoning ordinances, and density bonus ordinances.
(3) "Local agency" means a city, county, or city and county, whether
general law or chartered.
0) A local agency may adopt an ordinance to implement the provisions
of this section. An ordinance adopted to implement this section shall not be
considered a project under Division 13 (commencing with Section 21000)
of the Public Resources Code.
(k) Nothing in this section shall be construed to supersede or in any way
alter or lessen the effect or application of the California Coastal Act of 1976
(Division 20 (commencing with Section 30000) of the Public Resources
Code), except that the local agency shall not be required to hold public
hearings for coastal development permit applications for a housing
development pursuant to this section.
SEC. 2. Section 66411.7 is added to the Government Code, to read:
66411.7. (a) Notwithstanding any other provision of this division and
any local law, a local agency shall ministerially approve, as set forth in this
section, a parcel map for an urban lot split only if the local agency determines
that the parcel map for the urban lot split meets all the following
requirements:
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Ch. 162 — 6
(1) The parcel map subdivides an existing parcel to create no more than
two new parcels of approximately equal lot area provided that one parcel
shall not be smaller than 40 percent of the lot area of the original parcel
proposed for subdivision.
(2) (A) Except as provided in subparagraph (B), both newly created
parcels are no smaller than 1,200 square feet.
(B) A local agency may by ordinance adopt a smaller minimum lot size
subject to ministerial approval under this subdivision.
(3) The parcel being subdivided meets all the following requirements:
(A) The parcel is located within a single-family residential zone.
(B) The parcel subject to the proposed urban lot split is located within a
city, the boundaries of which include some portion of either an urbanized
area or urban cluster, as designated by the United States Census Bureau, or,
for unincorporated areas, a legal parcel wholly within the boundaries of an
urbanized area or urban cluster, as designated by the United States Census
Bureau.
(C) The parcel satisfies the requirements specified in subparagraphs (B)
to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(D) The proposed urban lot split would not require demolition or
alteration of any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that
restricts rents to levels affordable to persons and families of moderate, low,
or very low income.
(ii) Housing that is subject to any form of rent or price control through
a public entity's valid exercise of its police power.
(iii) A parcel or parcels on which an owner of residential real property
has exercised the owner's rights under Chapter 12.75 (commencing with
Section 7060) of Division 7 of Title 1 to withdraw accommodations from
rent or lease within 15 years before the date that the development proponent
submits an application.
(iv) Housing that has been occupied by a tenant in the last three years.
(E) The parcel is not located within a historic district or property included
on the State Historic Resources Inventory, as defined in Section 5020.1 of
the Public Resources Code, or within a site that is designated or listed as a
city or county landmark or historic property or district pursuant to a city or
county ordinance.
(F) The parcel has not been established through prior exercise of an urban
lot split as provided for in this section.
(G) Neither the owner of the parcel being subdivided nor any person
acting in concert with the owner has previously subdivided an adjacent
parcel using an urban lot split as provided for in this section.
(b) An application for a parcel map for an urban lot split shall be approved
in accordance with the following requirements:
(1) A local agency shall approve or deny an application for a parcel map
for an urban lot split ministerially without discretionary review.
(2) A local agency shall approve an urban lot split only if it conforms to
all applicable objective requirements of the Subdivision Map Act (Division
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7 — Ch. 162
2 (commencing with Section 66410)), except as otherwise expressly provided
in this section.
(3) Notwithstanding Section 66411.1, a local agency shall not impose
regulations that require dedications of rights -of -way or the construction of
offsite improvements for the parcels being created as a condition of issuing
a parcel map for an urban lot split pursuant to this section.
(c) (1) Except as provided in paragraph (2), notwithstanding any local
law, a local agency may impose objective zoning standards, objective
subdivision standards, and objective design review standards applicable to
a parcel created by an urban lot split that do not conflict with this section.
(2) A local agency shall not impose objective zoning standards, objective
subdivision standards, and objective design review standards that would
have the effect of physically precluding the construction of two units on
either of the resulting parcels or that would result in a unit size of less than
800 square feet.
(3) (A) Notwithstanding paragraph (2), no setback shall be required for
an existing structure or a structure constructed in the same location and to
the same dimensions as an existing structure.
(B) Notwithstanding paragraph (2), in all other circumstances not
described in subparagraph (A), a local agency may require a setback of up
to four feet from the side and rear lot lines.
(d) Notwithstanding subdivision (a), a local agency may deny an urban
lot split if the building official makes a written finding, based upon a
preponderance of the evidence, that the proposed housing development
project would have a specific, adverse impact, as defined and determined
in paragraph (2) of subdivision (d) of Section 65589.5, upon public health
and safety or the physical environment and for which there is no feasible
method to satisfactorily mitigate or avoid the specific, adverse impact.
(e) In addition to any conditions established in accordance with this
section, a local agency may require any of the following conditions when
considering an application for a parcel map for an urban lot split:
(1) Easements required for the provision of public services and facilities.
(2) A requirement that the parcels have access to, provide access to, or
adjoin the public right-of-way.
(3) Off-street parking of up to one space per unit, except that a local
agency shall not impose parking requirements in either of the following
instances:
(A) The parcel is located within one-half mile walking distance of either
a high -quality transit corridor as defined in subdivision (b) of Section 21155
of the Public Resources Code, or a major transit stop as defined in Section
21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel.
(f) A local agency shall require that the uses allowed on a lot created by
this section be limited to residential uses.
(g) (1) A local agency shall require an applicant for an urban lot split to
sign an affidavit stating that the applicant intends to occupy one of the
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Ch. 162 — 8
housing units as their principal residence for a minimum of three years from
the date of the approval of the urban lot split.
(2) This subdivision shall not apply to an applicant that is a "community
land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11)
of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or
is a "qualified nonprofit corporation" as described in Section 214.15 of the
Revenue and Taxation Code.
(3) A local agency shall not impose additional owner occupancy
standards, other than provided for in this subdivision, on an urban lot split
pursuant to this section.
(h) A local agency shall require that a rental of any unit created pursuant
to this section be for a term longer than 30 days.
(i) A local agency shall not require, as a condition for ministerial approval
of a parcel map application for the creation of an urban lot split, the
correction of nonconforming zoning conditions.
0) (1) Notwithstanding any provision of Section 65852.2, 65852.21,
65852.22, 65915, or this section, a local agency shall not be required to
permit more than two units on a parcel created through the exercise of the
authority contained within this section.
(2) For the purposes of this section, "unit" means any dwelling unit,
including, but not limited to, a unit or units created pursuant to Section
65852.21, a primary dwelling, an accessory dwelling unit as defined in
Section 65852.2, or a junior accessory dwelling unit as defined in Section
65852.22.
(k) Notwithstanding paragraph (3) of subdivision (c), an application shall
not be rejected solely because it proposes adjacent or connected structures
provided that the structures meet building code safety standards and are
sufficient to allow separate conveyance.
(0 Local agencies shall include the number of applications for parcel
maps for urban lot splits pursuant to this section in the annual housing
element report as required by subparagraph (I) of paragraph (2) of
subdivision (a) of Section 65400.
(m) For purposes of this section, both of the following shall apply:
(1) "Objective zoning standards," "objective subdivision standards," and
"objective design review standards" mean standards that involve no personal
or subjective judgment by a public official and are uniformly verifiable by
reference to an external and uniform benchmark or criterion available and
knowable by both the development applicant or proponent and the public
official prior to submittal. These standards may be embodied in alternative
objective land use specifications adopted by a local agency, and may include,
but are not limited to, housing overlay zones, specific plans, inclusionary
zoning ordinances, and density bonus ordinances.
(2) "Local agency" means a city, county, or city and county, whether
general law or chartered.
(n) A local agency may adopt an ordinance to implement the provisions
of this section. An ordinance adopted to implement this section shall not be
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9 — Ch. 162
considered a project under Division 13 (commencing with Section 21000)
of the Public Resources Code.
(o) Nothing in this section shall be construed to supersede or in any way
alter or lessen the effect or application of the California Coastal Act of 1976
(Division 20 (commencing with Section 30000) of the Public Resources
Code), except that the local agency shall not be required to hold public
hearings for coastal development permit applications for urban lot splits
pursuant to this section.
SEC. 3. Section 66452.6 of the Government Code is amended to read:
66452.6. (a) (1) An approved or conditionally approved tentative map
shall expire 24 months after its approval or conditional approval, or after
any additional period of time as may be prescribed by local ordinance, not
to exceed an additional 24 months. However, if the subdivider is required
to expend two hundred thirty-six thousand seven hundred ninety dollars
($236,790) or more to construct, improve, or finance the construction or
improvement of public improvements outside the property boundaries of
the tentative map, excluding improvements of public rights -of -way that abut
the boundary of the property to be subdivided and that are reasonably related
to the development of that property, each filing of a final map authorized
by Section 66456.1 shall extend the expiration of the approved or
conditionally approved tentative map by 48 months from the date of its
expiration, as provided in this section, or the date of the previously filed
final map, whichever is later. The extensions shall not extend the tentative
map more than 10 years from its approval or conditional approval. However,
a tentative map on property subject to a development agreement authorized
by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division
1 may be extended for the period of time provided for in the agreement, but
not beyond the duration of the agreement. The number of phased final maps
that may be filed shall be determined by the advisory agency at the time of
the approval or conditional approval of the tentative map.
(2) Commencing January 1, 2012, and each calendar year thereafter, the
amount of two hundred thirty-six thousand seven hundred ninety dollars
($236,790) shall be annually increased by operation of law according to the
adjustment for inflation set forth in the statewide cost index for class B
construction, as determined by the State Allocation Board at its January
meeting. The effective date of each annual adjustment shall be March 1.
The adjusted amount shall apply to tentative and vesting tentative maps
whose applications were received after the effective date of the adjustment.
(3) "Public improvements," as used in this subdivision, include traffic
controls, streets, roads, highways, freeways, bridges, overcrossings, street
interchanges, flood control or storm drain facilities, sewer facilities, water
facilities, and lighting facilities.
(b) (1) The period of time specified in subdivision (a), including any
extension thereof granted pursuant to subdivision (e), shall not include any
period of time during which a development moratorium, imposed after
approval of the tentative map, is in existence. However, the length of the
moratorium shall not exceed five years.
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Ch. 162 —10 —
(2) The length of time specified in paragraph (1) shall be extended for
up to three years, but in no event beyond January 1, 1992, during the
pendency of any lawsuit in which the subdivider asserts, and the local agency
that approved or conditionally approved the tentative map denies, the
existence or application of a development moratorium to the tentative map.
(3) Once a development moratorium is terminated, the map shall be valid
for the same period of time as was left to run on the map at the time that
the moratorium was imposed. However, if the remaining time is less than
120 days, the map shall be valid for 120 days following the termination of
the moratorium.
(c) The period of time specified in subdivision (a), including any
extension thereof granted pursuant to subdivision (e), shall not include the
period of time during which a lawsuit involving the approval or conditional
approval of the tentative map is or was pending in a court of competent
jurisdiction, if the stay of the time period is approved by the local agency
pursuant to this section. After service of the initial petition or complaint in
the lawsuit upon the local agency, the subdivider may apply to the local
agency for a stay pursuant to the local agency's adopted procedures. Within
40 days after receiving the application, the local agency shall either stay the
time period for up to five years or deny the requested stay. The local agency
may, by ordinance, establish procedures for reviewing the requests,
including, but not limited to, notice and hearing requirements, appeal
procedures, and other administrative requirements.
(d) The expiration of the approved or conditionally approved tentative
map shall terminate all proceedings and no final map or parcel map of all
or any portion of the real property included within the tentative map shall
be filed with the legislative body without first processing a new tentative
map. Once a timely filing is made, subsequent actions of the local agency,
including, but not limited to, processing, approving, and recording, may
lawfully occur after the date of expiration of the tentative map. Delivery to
the county surveyor or city engineer shall be deemed a timely filing for
purposes of this section.
(e) Upon application of the subdivider filed before the expiration of the
approved or conditionally approved tentative map, the time at which the
map expires pursuant to subdivision (a) may be extended by the legislative
body or by an advisory agency authorized to approve or conditionally
approve tentative maps for a period or periods not exceeding a total of six
years. The period of extension specified in this subdivision shall be in
addition to the period of time provided by subdivision (a). Before the
expiration of an approved or conditionally approved tentative map, upon
an application by the subdivider to extend that map, the map shall
automatically be extended for 60 days or until the application for the
extension is approved, conditionally approved, or denied, whichever occurs
first. If the advisory agency denies a subdivider's application for an
extension, the subdivider may appeal to the legislative body within 15 days
after the advisory agency has denied the extension.
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(f) For purposes of this section, a development moratorium includes a
water or sewer moratorium, or a water and sewer moratorium, as well as
other actions of public agencies that regulate land use, development, or the
provision of services to the land, including the public agency with the
authority to approve or conditionally approve the tentative map, which
thereafter prevents, prohibits, or delays the approval of a final or parcel
map. A development moratorium shall also be deemed to exist for purposes
of this section for any period of time during which a condition imposed by
the city or county could not be satisfied because of either of the following:
(1) The condition was one that, by its nature, necessitated action by the
city or county, and the city or county either did not take the necessary action
or by its own action or inaction was prevented or delayed in taking the
necessary action before expiration of the tentative map.
(2) The condition necessitates acquisition of real property or any interest
in real property from a public agency, other than the city or county that
approved or conditionally approved the tentative map, and that other public
agency fails or refuses to convey the property interest necessary to satisfy
the condition. However, nothing in this subdivision shall be construed to
require any public agency to convey any interest in real property owned by
it. A development moratorium specified in this paragraph shall be deemed
to have been imposed either on the date of approval or conditional approval
of the tentative map, if evidence was included in the public record that the
public agency that owns or controls the real property or any interest therein
may refuse to convey that property or interest, or on the date that the public
agency that owns or controls the real property or any interest therein receives
an offer by the subdivider to purchase that property or interest for fair market
value, whichever is later. A development moratorium specified in this
paragraph shall extend the tentative map up to the maximum period as set
forth in subdivision (b), but not later than January 1, 1992, so long as the
public agency that owns or controls the real property or any interest therein
fails or refuses to convey the necessary property interest, regardless of the
reason for the failure or refusal, except that the development moratorium
shall be deemed to terminate 60 days after the public agency has officially
made, and communicated to the subdivider, a written offer or commitment
binding on the agency to convey the necessary property interest for a fair
market value, paid in a reasonable time and manner.
SEC. 4. The Legislature finds and declares that ensuring access to
affordable housing is a matter of statewide concern and not a municipal
affair as that term is used in Section 5 of Article XI of the California
Constitution. Therefore, Sections 1 and 2 of this act adding Sections
65852.21 and 66411.7 to the Government Code and Section 3 of this act
amending Section 66452.6 of the Government Code apply to all cities,
including charter cities.
SEC. 5. No reimbursement is required by this act pursuant to Section 6
of Article XIII B of the California Constitution because a local agency or
school district has the authority to levy service charges, fees, or assessments
sufficient to pay for the program or level of service mandated by this act or
94
Ch. 162 —12 —
because costs that may be incurred by a local agency or school district will
be incurred because this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII B of
the California Constitution.
U
94
Item No. 19
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: March 22, 2022
SUBJECT: Introduce an Ordinance Amending Title 9 and Title 17 of the Temecula Municipal
Code to Include Entertainment Licenses, Further Clarify the Definitions of
Restaurants, Entertainment, Taverns and Bars, and Provide Regulations for Private
Security Operators, and Establishing Noise Standards for Mixed -Use
Developments With a Residential Component
PREPARED BY:
RECOMMENDATION:
Eric Jones, Associate Planner
That the City Council:
1. Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 2022-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING TITLES 9 AND 17 OF THE
TEMECULA MUNICIPAL CODE TO INCLUDE
ENTERTAINMENT LICENSES, FURTHER CLARIFY THE
DEFINITIONS OF RESTAURANTS, ENTERTAINMENT,
TAVERNS AND BARS, AND PROVIDE REGULATIONS FOR
PRIVATE SECURITY OPERATORS, AND ESTABLISHING
NOISE STANDARDS FOR MIXED -USE DEVELOPMENTS
WITH A RESIDENTIAL COMPONENT, AND FINDING THAT
THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO
CEQA GUIDELINES SECTION 15061 (13)(3)
2. Adopt Resolution entitled:
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING AN ENTERTAINMENT
LICENSE FEE
SUMMARY OF ORDINANCE: The proposed citywide Ordinance would repeal and
replace portions of Title 9 (Public Peace, Morals, and Welfare) and Title 17 (Zoning) of the
Temecula Municipal Code. The code amendments are being made to address changes in State law
related to Responsible Beverage Sales Training, as well as provide further refinement of the
existing code to incorporate an entertainment license, revise the definitions for restaurants,
entertainment, taverns, and bars, establish private security guard standards, update standards for
alcohol sales, and establish noise standards for mixed -use developments with a residential
component. Of these revisions, the entertainment license and security guard provisions are the
most substantive. The proposed Ordinance is necessary because it allows the City to improve
customer service to applicants wishing to provide entertainment as well as enhance overall public
safety for residents.
BACKGROUND: The City has received Code Enforcement complaints related to
businesses that are operating outside the limits of their approved Conditional Use Permit (CUP).
These complaints typically involve restaurants and consist of excessive noise, operating later than
approved hours, overcrowding by exceeding Building and Fire occupancy standards, and offering
unpermitted entertainment. hi Old Town, the City has created the Metro Team (a division of the
Riverside County Sheriff's Department) to improve safety, encourage compliance with approved
CUPS, and other regulations. Members from the City's Code Enforcement, Fire, and Building and
Safety divisions accompany the Metro Team to inspect for issues related to Building and Fire code
requirements.
Municipalities have begun to move away from requiring a CUP for entertainment because of their
limitations. In particular, CUP entitlements run with the land and are essentially valid in perpetuity.
Instead, many have adopted ordinances requiring the approval of an entertainment license. These
licenses differ from a traditional CUP in two distinct ways. First, they do not run with the land and
are instead tied to a business or business owner. Second, they require an applicant to file an annual
renewal.
As proposed with this ordinance, an entertainment license can be approved administratively. This
contrasts with a traditional Conditional Use Permit (CUP) that must be approved via the public
hearing process. The administrative approval will last for one year. Applicants can reapply on a
year-to-year basis thereafter on the first business day in February. In addition, an entertainment
license can be administratively revoked as a result of one to three violations as described in Section
9.10.160 (Revocations/Suspension for Violation) of the draft ordinance. Revocations last one
calendar year from the date the revocation took place after which the business may reapply.
Key Ordinance Components
The proposed Entertainment License Ordinance will require revisions to both Title 9 and Title 17.
Revisions to Title 9 will contain many of the requirements needed to administer the ordinance.
The ordinance will also create three distinct entertainment classes with corresponding hours within
Title 9. These hours only correspond to the entertainment aspect of the business. The business is
free to continue other operations beyond the stated times. Class types as well their proposed hours
are listed below:
Entertainment Establishment Types
Class I Entertainment Establishment (a businesses without alcohol)" means a business
offering ancillary entertainment to patrons. A Class I facility does not serve any alcoholic
beverages and does not include any dancing.
Class II Entertainment Establishment (a business serving beer, wine, and/or distilled
spirits)" means a business with an ABC license that offers beer, wine, and or distilled
spirits as an addition to offering ancillary entertainment to patrons. A Class II facility does
not include dancing.
Class III Entertainment Establishment (Nightclub, Cocktail Lounge, Bar, & Dance
Club/Hall, Pool Hall)" means a business with an ABC license that offers any combination
of beer, wine, and/or distilled spirits in addition to offering entertainment to patrons. A
Class III facility also allows for dancing. Restaurants with dancing shall be classified as a
Class III facility.
Entertainment
Permitted Entertainment Hours of Operation
License Type
Class I
7:00 a.m. — 9:00 p.m. Dail
Class II
7:00 a.m. — 9:00 p.m. Sunday- Thursday; 7:00 a.m. — 10:00 p.m.
Friday -Saturday
Class III
Entertainment operating hours shall be between 7:00 a.m. — 11:59
p.m. or as required by a Conditional Use Permit that explicitly allows
dancing adopted prior to February 2022.
The three classes are designed to encourage family friendly entertainment while also allowing for
more intense ancillary entertainment uses such as dancing. For the purpose of providing an
example of each type, a Class I license would be ideal for a coffee shop offering an acoustical
guitar player. In this example, no alcohol is served in conjunction with entertainment. A Class II
license could be utilized by a restaurant that would like to serve mixed drinks and offer live music.
In this example, alcohol is served in conjunction with entertainment, but dancing is not included.
Finally, a Class III license is reserved for a business seeking the most intensive forms of
entertainment such as a restaurant that offers alcohol and dancing. It is important to note that for
Classes II and III licenses, alcohol requests from a restaurant that include distilled spirits will still
need to be approved via the traditional CUP process. This CUP will run independently of the
entertainment license and have its own conditions of approval.
The proposed ordinance also incorporates security guard standards. Staff has learned through
consultation with the Police Department that some businesses are employing people without
formal training or licensing to serve as security guards. This has led to several incidents that have
impacted public safety. Proposed security guard standards include:
• Security personnel must have an active license through the California Bureau of Security
and Investigative Services (BSIS);
• The security license must be made available upon request by any peace officer, code officer
or other official;
• Business cannot appoint unlicensed staff to the role of security guard; and
• Security personal must wear a highly visible vest or shirt with "Security" and the name of
the business.
Revisions to Title 17 will not be as extensive as those for Title 9. Revisions to Title 9 include
additions and clarifications to Section 17.34.010 (Definitions and illustration of terms) designed
to increase clarity with regard to defining restaurants and entertainment. For example, restaurants
have been placed into three distinct categories. The three categories include restaurants that do not
serve alcohol, those that serve beer and wine, and finally, those that serve beer, wine, and distilled
spirits. A definition for entertainment has also been included with the ordinance. These definitions
are of particular importance because they will clearly define specific uses for the City.
Additional amendments to Title 17 include the following:
• Elimination of uses in Table 17.08.030 (Schedule of Permitted Uses
Commercial/Office/Industrial Districts) including "Nightclubs/dance club/teen
club/comedy club", "Restaurants and other eating establishments", "Restaurants with
lounge or live entertainment";
• Additional requirements for businesses selling alcoholic beverages including presenting a
valid ABC license to any official; and
• Requirements for entertainment establishments related to noise and parking.
Overall, the proposed ordinance will produce several improvements for applicants, surrounding
businesses and residents if adopted. These improvements include:
• City staff will have greater flexibility with regard to administering entertainment citywide;
• Compliant businesses will benefit from a streamlined review and approval process;
• Non -Compliant businesses will have an opportunity to come into compliance quickly since
the City can follow-up in a timely manner;
• Clear standards for entertainment and security guards will be implemented; and
• Quality of life improvements for adjacent property owners, residents, and businesses.
It is important to note that the ordinance does not apply to establishments already in possession of
a CUP for entertainment. These businesses would become subject to the ordinance only if a
modification to the existing CUP is proposed. In addition, alcohol will still require the approval of
a CUP. The ordinance would apply to all establishments with regard to private security operations
upon adoption.
FISCAL IMPACT: Community Development budgeted sufficient funds for the
ordinance development and fee study, which will include administrative costs, and enforcement.
ATTACHMENTS: 1. Ordinance
2. Planning Commission Staff Report
3. Fee Resolution
4. Notice of Public Hearing
ORDINANCE NO. 2022-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING TITLES 9 AND 17 OF THE
TEMECULA MUNICIPAL CODE TO INCLUDE
ENTERTAINMENT LICENSES, FURTHER CLARIFY THE
DEFINITIONS OF RESTAURANTS, ENTERTAINMENT,
TAVERNS AND BARS, AND PROVIDE REGULATIONS
FOR PRIVATE SECURITY OPERATORS, AND
ESTABLISHING NOISE STANDARDS FOR MIXED -USE
DEVELOPMENTS WITH A RESIDENTIAL COMPONENT,
AND FINDING THAT THIS ORDINANCE IS EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) PURSUANT TO CEQA GUIDELINES
SECTION 15061 (B)(3)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Procedural Findings. The City Council of the City of Temecula does
hereby find, determine and declare that:
A. City staff identified the need to revise portions of Title 9 (Public Peace, Morals,
and Welfare) and Title 17 (Zoning) of the Temecula Municipal Code.
B. The code amendments are being made to address changes in State law related to
Responsible Beverage Sales Training, as well as provide further refinement of the existing code to
incorporate an entertainment license, revise the definitions for restaurants, entertainment, taverns
and bars establishing private security guard standards, updating standards for alcohol sales, and
establishing noise standards for mixed -use developments with a residential component.
C. The Planning Commission considered the proposed amendments to Title 9 and 17
of the Temecula Municipal Code ("Ordinance") on February 2, 2022, at a duly noticed public
hearing as prescribed by law, at which time the City staff and interested persons had an opportunity
to and did testify either in support of or opposition to this matter.
D. At the conclusion of the Planning Commission hearing and after due consideration
of the testimony, the Planning Commission adopted Resolution No. 2022-04, recommending that
the City Council approve the Title 9 and 17 amendments.
E. The City Council, at a regular meeting, considered the Ordinance on March 22,
2022, at a duly noticed public hearing, as prescribed by law, at which time the City staff and
interested persons had an opportunity to and did testify either in support or opposition to this
matter.
F. Following the public hearing, the City Council considered the entire record of
information received at the public hearings before the Planning Commission and City Council.
Section 2. Further Findings. The City Council, in approving the proposed
Ordinance, hereby makes the following additional findings as required by Section 17.01.040
("Relationship to General Plan") of the Temecula Municipal Code:
A. The proposed use is allowed in the land use designation in which the use is located,
as shown on the land use map, or is described in the text of the General Plan.
The proposed amendments to Title 9 and Title 17 of the Temecula Municipal Code do not
propose any land use that is inconsistent with the Temecula General Plan. Entertainment
uses are currently permitted upon the approval of a Conditional Use Permit and are
consistent with the General Plan's commercial use descriptions. The amendments to Title
9 and Title 17 contain a revised process for businesses to have entertainment offered at
their establishments.
The proposed Entertainment License Ordinance directly responds to Goal 3, Policy 3.3 of
the General Plan Public Safety Element. This is accomplished because the ordinance
provides the City with a set of standards designed to allow for the efficient administration
of entertainment establishments. More specifically, the standards will allow the City to
quickly address ordinance violations thus reducing the chance of potential crimes taking
place.
The proposed ordinance also conforms with two Goals contained in the City of Temecula
General Plan Noise Element. First the proposed ordinance directly responds to Goal 2,
Policy 2.1 in that it seeks to limit the maximum permitted noise levels crossing property
lines and impacting adjacent land uses. This is accomplished by ensuring proper Conditions
of Approval to address noise will be incorporated with each entertainment license. Second,
the ordinance is in conformance with Goal 3, Policy 3.1 since it seeks to enforce and
maintain acceptable noise limit standards. The ordinance also provides staff the ability to
quickly address noise violations by administratively revoking the license when necessary.
B. The proposed use is consistent with the Municipal Code and Development Code
for the City of Temecula;
The proposed amendments do not propose any land use that is inconsistent with the
Municipal Code and Development Code for the City of Temecula. The proposed Ordinance
has been designed to be internally consistent with the Municipal Code and the
Development Code in terms of referencing key components of the City's currently adopted
Noise Ordinance, which applies citywide. The ordinance will also create two new sections
within the Municipal Code (Sections 9.10 and 9.11).
C. The proposed use is to be established and maintained in a manner which is
consistent with the General Plan and all applicable provisions contained therein.
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The City currently permits establishments to allow entertainment through the Conditional
Use Permit process. The proposed amendments to Title 9 and Title 17 will allow businesses
to offer entertainment by obtaining an entertainment license. Moreover, the proposed
amendments will create standards that provide further consistency with goals and policies
contained within the General Plan. The proposed ordinance has been processed to ensure
it will be established and maintained in a manner which is consistent with the General Plan
and all applicable provisions contained therein.
Section 3. Environmental Findings. The City Council hereby finds that this
Ordinance is exempt from the requirements of the California Environmental Quality Act
("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because
it can be seen with certainty that there is no possibility that the proposed ordinance would have a
significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3).
The proposed Municipal Code amendments provide standards for how entertainment uses are to
operate and establish standards for private security operators. These regulations do not increase
the intensity or density of any land use above what is currently allowed. Moreover, the noise
standards for mixed -use developments established by the proposed Ordinance, are consistent with
the standards set forth in the General Plan for mixed -use developments. A Notice of Exemption
has been prepared and will be filed in accordance with CEQA and the State CEQA Guidelines.
Section 4. Chapter 9.10 (Special Licenses — Bars, Nightclubs, Dancehalls, Poolrooms,
etc.) of Title 9 (Public Peace, Morals, and Welfare) of the Temecula Municipal Code is hereby
renamed and amended in its entirety to read as follows:
"Chapter 9.10 ENTERTAINMENT LICENSE
9.10.010 Purpose and Intent.
The City of Temecula encourages the development of art and cultural resources and recognizes
that having a variety of entertainment establishments provides a means for such activity. The City
of Temecula further recognizes that having a variety of entertainment types in the City promotes
a rich and diverse cultural experience. The City of Temecula recognizes that many non-alcoholic
entertainment venues provide a safe place for families and young adults to gather.
The City of Temecula also recognizes that certain entertainment establishments have demonstrated
the potential for creating or maintaining an environment where various types of disturbances such
as excessive noise and disorderly conduct by patrons may occur. These impacts are primarily
driven by establishments that serve alcohol and offer entertainment. These negative effects are
adverse to the public safety, general welfare and the quality of life of the community.
The purpose of this chapter is to regulate the operation of entertainment establishments so as to
minimize the negative impacts and to preserve the public safety, health and welfare. It is not the
City's intent to regulate or restrict the type or content of entertainment provided in those
establishments. All licensees will be responsible for controlling patron conduct at their
entertainment establishment, making adequate provisions for security, crowd size, and control, and
complying with state and local laws and minimizing disturbances caused by the operation of an
entertainment establishment.
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It is also the intent of the City of Temecula to provide alternatives to the regulating of entertainment
establishments by imposing license conditions tailored to the particular entertainment
establishment.
Adult oriented businesses shall use Chapter 5.09 (Adult Business Regulations) for applicable
regulations.
9.10.020 Definitions.
For purposes of this chapter the following words and phrases shall have the following meanings:
"ABC license" means a license to serve alcoholic beverages issued by the State of California
Department of Alcoholic Beverage Control.
"Ancillary" means a business where entertainment is not the primary activity or operation of
the establishment.
"Dance" or "dancing" means to move with rhythmical steps or movement, usually to music
or an audible rhythm; except for any dancing that is regulated under Chapter 5.09 (Adult
Regulations).
"Entertainment" means any single event, a series of events, or an ongoing activity or business,
occurring alone or as part of another business, to which the public is invited (by advertisement
or word of mouth) or allowed to watch, listen, or participate in, or is conducted for the
purposes of holding the attention of, gaining the attention of, or diverting or amusing patrons,
including, but not limited to:
Dancing by patron(s) or staff to live or recorded music.
2. The presentation of music played on sound equipment operated by an agent or
contractor of the establishment. This may or may not include a "disc jockey" or "DJ."
3. The presentation of live music whether amplified or non -amplified.
4. The presentation of music videos, music concerts or other similar forms of musical
entertainment from any source.
5. Any amusement or event such as live music or other live performance which is
knowingly permitted by any entertainment establishment, including presentations by
single or multiple performers, such as hypnotists, pantomimes, magicians, comedians,
song or dance acts, plays, concerts, any type of contest, events with live animals/reptiles,
sporting events, exhibitions, carnival or circus acts, demonstrations of talent or items for
gift or sale; shows, reviews, and any other such activity which may be attended by
members of the public.
"Entertainment establishment(s)" means any commercial business, that is open to the public
and offers entertainment to patrons. Entertainment establishments are separated into three
different classes, as outlined below:
Entertainment Establishment Types
Class I Entertainment Establishment (a businesses without alcohol) means a business
offering ancillary entertainment to patrons. A Class I facility does not serve any alcoholic
beverages and does not include any dancing.
Class II Entertainment Establishment (a business serving beer, wine, and/or distilled
spirits) means a business with an ABC license that offers beer, wine, and or distilled spirits
in addition to offering ancillary entertainment to patrons. A Class II facility does not
include dancing.
Class III Entertainment Establishment (Nightclub, Cocktail Lounge, Bar, & Dance
Club/Hall, Pool Hall) means a business with an ABC license that offers any combination
of beer, wine, and/or distilled spirits in addition to offering entertainment to patrons. A
Class III facility also allows for dancing. Restaurants with dancing shall be classified as a
Class III facility.
"Entertainment license" means a license obtained from the Chief of Police pursuant to the
provisions of this chapter for the purposes of operating an entertainment establishment.
"Manager" means a person, regardless of the job title or description, who has discretionary
powers to organize, direct, carry on, or control the operations of an entertainment
establishment, including a restaurant or bar. Authority to engage in one or more of the
following functions is prima facie evidence that a person is a manager of the entertainment
establishment:
1. Hire or terminate employees;
2. Contract for the purchase of furniture, equipment, or supplies, except for the
occasional replenishment of stock;
3. Disburse funds of the business, except for the receipt of regularly replaced items of
stock;
4. Make or participate in making policy decisions regarding operations of the
entertainment establishment;
5. Holds keys to open and/or close the establishment.
"Noise" means any loud, discordant, raucous or disagreeable sound.
"Noise level" means the "A" weighted sound pressure level in decibels obtained using a
sound level meter. The unit of measurement should be designated in dBA.
"On -sale" has the same meaning as California Business and Professions Code Section 23396,
as the same may be amended from time to time.
"Public premises establishment" has the same meaning as that used in California Business
and Professions Code Section 23039, as the same may be amended from time to time.
"Pyrotechnics" shall have the same meaning as defined by the California Fire Code, as may
be amended from time to time, and currently means controlled exothermic chemical reactions
timed to create the effects of heat, hot gas, sound, dispersion of aerosols, emission of visible
light or a combination of such effects to achieve the maximum effect from the least volume
of pyrotechnic composition. Pyrotechnics shall also mean any of the following:
5
1. Pyrotechnic Article: A pyrotechnic device for use in the entertainment industry, which
is not classified as fireworks.
2. Pyrotechnic Composition: A chemical mixture that produces visible light displays or
sounds through a self -propagating, heat -releasing chemical reaction which is initiated by
ignition.
3. Pyrotechnic Special Effect: A visible or audible effect for entertainment created through
the use of pyrotechnic materials and devices.
4. Pyrotechnic Special Effect Material: A Chemical mixture used in the entertainment
industry to produce visible or audible effects by combustion, deflagration or detonation. Such
a chemical mixture predominantly consists of solids capable of producing a controlled, self-
sustaining and self-contained exothermic chemical reaction that results in heat, gas sound,
light or a combination of these effects. The chemical reaction functions without external
oxygen.
"Responsible beverage service training course" means a course certified by the California
Department of Alcoholic Beverage Control for on -sale management and on -sale professional
services.
"Responsible party" means any person who is physically at the entertainment establishment
and is any of the following:
1. The person who owns the entertainment establishment;
2. The person in charge of the entertainment establishment;
3. The person using the entertainment establishment under a special arrangement;
4. An employee or agent of an owner or manager of the entertainment establishment
when the owner or manager is temporarily absent from the entertainment establishment;
5. The entertainment establishment's manager or on -site supervisor.
6. The person who books/schedules/authorizes entertainment.
9.10.030 Entertainment license required.
All entertainment establishments shall possess an active and valid entertainment license issued
by the City.
9.10.040 Exemptions.
The following types of activities are exempt from the provisions of this chapter:
A. Events for which a Special Event Permit, or Temporary Use Permit has been issued and
is active pursuant to the Temecula Municipal Code;
B. Events operated by the City of Temecula, or other governmental entities;
C. Events operated by public or private schools;
D. Events operated by a senior assisted care facility;
E. Events operated by a religious institution or nonprofit organization;
9.10.050 Application/modification requirements.
A. Any person or business entity desiring to obtain an entertainment license or
modification to an entertainment license shall submit a complete application to the Chief of
Police through the Community Development Department ("Planning") and pay an application
fee pursuant to the fees adopted by resolution, which may be amended from time to time.
B. The application shall be in a form approved by the Chief of Police.
C. The application shall be filed:
1. At least sixty (60) days prior to the proposed operation of the entertainment
establishment; or
2. At least sixty (60) days prior to the expiration of an entertainment license; or
3. At any time for a modification including, but not limited to:
a. adding dancing;
b. adding alcohol or changing the alcohol license type; or
c. changing operations to incorporate activities in a different class of entertainment.
D. The application shall state the class of entertainment (Class I, Class II, or Class III) that
the entertainment establishment desires to provide to patrons.
E. The entertainment license application shall include five (5) copies of a floor plan (or a
digital copy if acceptable to the City). The floor plan shall be an accurate and dimensioned
representation of the floor plan approved by the city building and fire departments as part of
a formal building permit process. Any changes that have occurred to the floor plan since the
original city building and fire department approval shall be identified and include a notation
identifying the date the modification was approved by the city if such approval was required.
The floor plan shall show all customer seating areas, performing stages or platforms, back -
of -house areas, restroom facilities, and any proposed dance areas if applying for a Class III
entertainment license. The floor plan shall clearly state the legal occupant load as established
as part of the formal building permit process, and all exiting systems of the premises shall be
clearly shown. No floor plan change, occupant load change, or other change of use can be
approved as part of an application process for an entertainment license.
F. The application for an entertainment license shall include five (5) copies (or a digital
copy if acceptable to the City) of the proposed site plan for the entertainment establishment
and the site plan shall be an accurate representation with dimensions that show the building's
footprint, boundary and property lines and onsite parking spaces. Any changes that have
occurred to the site plan since the original city building and fire departments approval shall
be identified and include a notation identifying the date the modification was approved by the
city if such approval was required. The application shall also include adjacent uses with
operating hours for those uses.
G. The application shall also include a copy of any city land use permits (e.g., Conditional
Use Permit, development plan, occupancy permit, etc.) issued to the property owner or
business entity.
H. The entertainment license application shall include a detailed security plan. The security
plan should include, but is not limited to, the following:
The number of licensed security personnel who will be on duty;
2. The minimum level of acceptable training for licensed security personnel in
compliance with Chapter 9.11 (Regulation of Private Security Operators) of the
Temecula Municipal Code;
3. The patron screening procedure, if any, prior to admission to entertainment
establishment;
4. Identify patron access points into the entertainment establishment;
5. Process for removal of disorderly or intoxicated patrons from premises; and
6. Process for dispersal of patrons from the entertainment establishment, onsite
parking area and/or public rights -of -way (e.g., sidewalk or street) within 50 feet of any
entrance to the entertainment establishment.
I. The entertainment license application shall include a notarized letter from the applicant
and property owner that reflects:
1. That the applicant and the property owner understand and agree to the requirements
of this Chapter;
2. That the applicant and the property owner understand and agree to the renewal
requirements of this Chapter;
3. That the applicant and the property owner understand and agree that the license is
nontransferable; and
4. That the applicant and the property owner understand that three or more violations
of this Chapter, or one violation that poses an immediate threat to the public health,
safety or general welfare, may result in termination of the entertainment license.
9.10.060 Fees.
A nonrefundable fee, as set forth in the City of Temecula Fee Schedule shall accompany each
application for an entertainment license. The entertainment license fee shall be in addition to the
business license fee required pursuant to Chapter 5.04 (Business Licenses Generally) of this code
as may be amended from time to time.
9.10.070 Approval/denial/modification of entertainment license.
A. Upon completion of an investigation coordinated by the Chief of Police, the Chief of
Police may issue the license subject to Section 9.10.090, (Investigation and Issuance) as
applicable, unless it is found that:
1. The application fee has not been paid.
2. Applicant is less than 21 years of age.
3. The application does not conform to the provisions of this Chapter.
4. The applicant has made a material misrepresentation in the application.
5. The applicant or any of its owners, partners, officers or directors has had an
entertainment license revoked within one (1) year prior to the date of the pending
application.
6. The business has been conducting entertainment without a valid and active
entertainment license within the last sixty (60) days.
8
7. The proposed entertainment establishment does not comply with all applicable
laws, including, but not limited to: health, zoning, building, and fire code requirements.
Prior to granting a license, the Chief of Police or designee shall obtain certification from
the fire chief, city planner, and building official that the proposed use is in compliance
with the land use and zoning provisions of the applicable municipal code provisions and
that the structures are suitable and safe for the proposed operation of an entertainment
establishment.
B. If the Chief of Police denies the application, the applicant shall be notified of the reasons
for the denial in writing within forty-five (45) days after receipt of the application. However,
failure to notify the applicant within the specified time period shall not constitute a basis for
granting the license. An applicant denied an entertainment license has a right to appeal the
denial pursuant to Section 9.10.170 (Appeals procedure) of this chapter. If such a hearing is
not requested within the prescribed time period, the denial shall be final.
9.10.080 Conditional Use Permits in Conjunction with Entertainment Licenses
A. If a Conditional Use Permit, or any other permit or approval, except a certificate of
occupancy, is required for the lawful operation of an entertainment establishment, the
provisions of this chapter shall be in addition to those other permits and entitlements.
An entertainment license cannot modify the terms of an existing Conditional Use Permit,
except as set forth in Section C below.
B. For new Conditional Use Permits issued after the adoption of this ordinance, a valid and
compliant entertainment license shall be a condition and/or requirement for an
entertainment establishment and may include operating requirements above and beyond
the Conditional Use Permit, which may be amended from time to time, as listed in this
Chapter.
C. For Modifications to existing Conditional Use Permits that allow entertainment, the City
may require, as a new Condition of Approval, that the business obtain an entertainment
license if entertainment will be offered at the business.
9.10.090 Universal Entertainment license standards and conditions.
A. All Class I, Class II, and Class III entertainment establishments shall operate in
accordance with the following standards or conditions:
1. Display of License. The entertainment license shall be displayed on the premises in
a conspicuous place so that law enforcement and city staff entering may readily see the
entertainment license. A copy of the floor plan approved with the entertainment license
shall always be kept on the premises and made available at the request of any law
enforcement officer, fire marshal, code officer, or deputy fire marshal, or if requested by
the establishment after an opportunity for pre -compliance review.
2. Outdoor Entertainment. Outdoor entertainment is prohibited unless explicitly
permitted by an active Conditional Use Permit that explicitly allows outdoor
entertainment, or by a Temporary Use Permit, or Special Event Permit.
3. Class III Entertainment. Dancing is only permitted at establishments with a Class
III entertainment license.
9
4. Entertainment Hours of Operation. Entertainment operations shall cease, based on
the times outlined below:
Entertainment
Permitted Entertainment Hours of Operation
License Type
Class I
7:00 a.m. — 9:00 p.m. Daily
Class II
7:00 a.m. — 9:00 p.m. Sunday- Thursday; 7:00 a.m. — 10:00 p.m.
Friday -Saturday
Class III
Entertainment operating hours shall be between 7:00 a.m. — 11:59
p.m. or as otherwise set forth in a Conditional Use Permit that
explicitly allows dancing adopted prior to February 1, 2022.
5. Food Service. If the Class I, Class II, or Class III entertainment license is associated
with a restaurant, food and non-alcoholic beverage service shall be provided at all hours
the establishment is operating.
6. Noise Restrictions. Noise shall be measured in accordance with Chapter 9.20. No
entertainment establishment may cause, permit, or maintain noise at a sound level that
exceeds the standards of Chapter 9.20.
7. Noise Dampening. All doors, windows, and any other physical opening shall
remain unlocked and unobstructed as required by all building and fire life safety
requirements. All doors, windows, and any other physical openings shall not be propped
open by people or physical devices during any hours that entertainment is occurring.
8. Manager and Server Training. The following persons must complete a responsible
beverage service training course before the entertainment establishment may provide
entertainment:
i. Every manager and every person who serves or sells alcoholic beverages
for consumption by patrons on the premises of the entertainment establishment
shall maintain a current responsible beverage service training course certificate.
9. Employee list. A list of all persons employed as managers or persons who serve
or sell alcoholic beverages for consumption by patrons on the premises of an
entertainment establishment shall be maintained on the premises of the
entertainment establishment. The list shall clearly identify the hire date, the date
of each responsible beverage service training course was completed and the date
the current training certificate will expire for every manager and every person
who serves or sells alcoholic beverages for consumption by patrons on the
premises of the entertainment establishment. The list shall be provided, upon
request, to any law enforcement or code enforcement personnel, or at the request
of the establishment, after pre -compliance review.
10. Security Guards
i. All Security Guards shall operate in accordance with Chapter 9.11
(Regulation of Private Security Operators).
ii. A violation of Chapter 9.11 (Regulation of Private Security Operators) shall
constitute a violation of this chapter.
10
11. Maximum Occupant Load. The maximum number of persons in the entertainment
establishment, shall not, at any time, exceed the maximum occupant load as established
by the Fire Marshal or the City Building Official.
12. Disturbing the Peace and Disorderly Conduct. The responsible party shall make
reasonable efforts to prevent the admission of any person, who is fighting, or challenging
someone to a fight; maliciously and willfully disturbing another person by loud and
unreasonable noise; using offensive words in a public place that is likely to provoke an
immediate violent reaction, or engaging in disorderly conduct (as defined in Penal Code
Section 647), inside the entertainment establishment, at any onsite parking lot owned or
under the control by the entertainment establishment, or on any sidewalk used by the
entertainment establishment for the entertainment establishment. The responsible party
shall make reasonable efforts to either call the police for assistance or remove from the
entertainment establishment, parking lot or sidewalk persons exhibiting such conduct.
13. Maintaining Adequate Right -of -Way. The responsible party shall ensure that
patrons queuing on the public sidewalk do not obstruct the right-of-way or sidewalk
from vehicular or pedestrian access. The minimum clear access for sidewalks shall be
maintained at forty-four (44) inches.
14. Orderly Dispersal. The responsible party shall use reasonable efforts to cause the
orderly dispersal of patrons from the entertainment establishment at closing time and
shall use reasonable efforts to prevent patrons from congregating in the entertainment
establishment's parking lot after closing time or permit patrons to congregate in any
roadway or traffic lane within fifty (50) feet of any entrance to the entertainment
establishment. This may include, but is not limited to, clearing all the cars from the
establishment's parking lot.
15. Pyrotechnics. Pyrotechnics and safe and sane fireworks, are prohibited, unless
explicitly permitted by the Fire Department.
16. Compliance with Law. Operators shall comply with all federal, State, and local
laws.
B. In addition to the conditions set forth in subsection A of this section, the Chief of Police
may impose additional conditions in the following areas which shall be based on specific,
articulated facts setting forth the necessity for the conditions:
The permissible hours of operation for entertainment.
2. Specific licensing qualifications and numbers of security personnel to be on duty
during business hours.
9.10.100 Class I entertainment establishment conditions.
Class I entertainment establishments shall comply with all requirements stipulated in Section
9.10.090 (Universal Entertainment license standards and conditions).
9.10.110 Class II entertainment establishment conditions.
In addition to the conditions set forth in Section 9.10.090, (Universal Entertainment license
standards and conditions) the following conditions shall apply to all Class II entertainment
establishments:
IF
A. Food Service. If the Class II entertainment license is associated with a restaurant,
alcohol sales shall cease one half hour prior to closing.
9.10.120 Class III entertainment establishment conditions.
In addition to the conditions set forth in Section 9.10.090, (Universal Entertainment license
standards and conditions) the following conditions shall apply to all Class III entertainment
establishments:
A. Location. Establishments seeking a Class III License shall only be permissible in areas
identified in Title 17 as a "Restaurant (bona fide public eating establishment) with
Entertainment and/or Dancing" as listed in the Temecula Municipal Code, or as identified in
a Specific Plan. If required by the Temecula Municipal Code or Specific Plan, a Conditional
Use Permit shall be obtained for the use, prior to the submission of an entertainment license.
B. Mandatory Security Guards. There shall be at least two (2) security guards licensed by
the State on duty at all times that dancing is permitted. Additional Mandatory Security Guards
may be required at the direction of the Chief of Police or as required by the California
Department of Alcoholic Beverage Control.
C. Security Guard Licensing. All Security Guards shall comply with Chapter 9.11
(Regulation of Private Security Operators).
D. Occupancy Calculation. At all hours that dancing is permitted, a staff member shall
maintain an accurate count of the current occupancy. A crowd control tally or other electronic
device shall be utilized for the counting. The most current occupancy tally must be made
available immediately upon request to Code Enforcement, Police, or the Fire Prevention
Department, or if requested by the establishment after an opportunity for pre -compliance
review.
E. Designation of Dance Floor.
1. The dance floor area shall be plainly marked and designated as the dancing area.
2. No dancing shall be permitted outside the designated dancing area as approved and
on file with the city.
F. Dancing Area. During all hours which dancing is permitted, no portion of the dancing
area shall be used for any purpose other than dancing.
G. Seating and Dance Areas. Seating areas shall not be converted to dance areas unless the
floor plan approved as part of the application process allows such conversion.
H. Designated Sound Operator. At all times a responsible party shall be responsible for any
amplified or non -amplified sources of sound on the property. The absence of a designated
sound operator shall be a violation of this section.
L Enhanced Noise Dampening. If a Class III entertainment establishment is located within
500' of residences as measured from property line to property line, the establishment shall be
required to submit an acoustical analysis prepared by a certified acoustical
engineer/professional demonstrating compliance with the City's noise ordinance and the
entertainment license standards. If required by the analysis, sound dampening materials and
design shall be installed prior to the issuance of the entertainment license. The entertainment
12
establishment shall operate in a manner that abides by all requirements of the acoustical
report.
J. Halt of Alcohol Sales. A Class III entertainment establishment shall cease alcohol sales
at least one-half hour prior to closing. Meals, water, and other non-alcoholic beverages shall
be available up until closing of the establishment. This requirement shall apply under any
scenario where the establishment may alter or vary the regular operating hours.
K. Copy of ABC License. A Class III entertainment establishment shall provide a complete
approved copy of the California Department of Alcoholic Beverage Control's license,
including conditions, and the approved site plan to law enforcement or code enforcement
immediately upon request, or if requested by the establishment after pre -compliance review.
9.10.130 Sound or noise measurement.
A. Noise measurements shall be conducted in a manner as identified in Chapter 9.20
(Noise).
9.10.140 Immediate threat to public safety.
A. The Chief of Police, Fire Marshal, or designee may require the responsible party to cease
all or part of the entertainment establishment's operations or entertainment and disperse all
patrons for a period of time up to and including the remainder of the entertainment
establishment's daily operating hours whenever conduct by disorderly patrons reaches a
magnitude that presents an immediate threat to the safety and well-being of the patrons or
general public in the vicinity of the entertainment establishment.
9.10.150 Duration and renewal of license.
A. Licenses are non-transferrable.
B. Licenses for entertainment establishments may be renewed on the first business day in
February 2023, and on a year-to-year basis thereafter on the first business day in February,
provided the license holder continues to meet the requirements of this chapter. "Business day" as
used in this subsection shall mean the days that Temecula City Hall is open for business.
C. No license granted herein shall confer any vested right to any person for more than the
license period.
D. Applications for a license renewal shall be filed with the Chief of Police at least sixty
(60) days prior to expiration of the existing license, otherwise the license will lapse. At the
discretion of the Chief of Police, a temporary license pending satisfactory completion of the
renewal application process may be issued to renewal applicants who have no permit revocation
proceedings pending at the time of filing of the renewal application. Licenses are not automatically
renewed.
E. Renewal applications shall set forth such information as may be required by the Chief of
Police to update and verify the information contained in the original permit application. The
applicant shall pay an application fee, in an amount established by resolution, when applying for
renewal.
13
F. If an application for renewal of license and all required information is not timely
received and the license expires, no right or privilege to provide entertainment shall exist.
9.10.160 Revocation/suspension for violation.
A. The Chief of Police may issue a letter of intent to revoke an entertainment license upon
receiving satisfactory evidence that:
The application for an entertainment license contains material misrepresentation;
or
2. Ownership of the entertainment establishment has changed without the new
ownership securing a new entertainment license from the Chief of Police; or
3. The entertainment establishment has, within the last 12-months, been found
criminally, civilly, or administratively (pursuant to Chapter 9.10 of this code), or any
combination thereof, to have violated any provision of this Chapter on at least three
separate occasions; or
4. The entertainment establishment has, within the last 12-months, engaged in conduct,
or allowed its patrons to engage in conduct that posed an immediate threat to the public
health or safety of the general public; or
5. Employees of the entertainment establishment, while on the premises are engaged
in conduct or behavior to the extent that it constitutes a nuisance, including but not
limited to adjudicated complaints with adverse finding(s) by the State Alcoholic
Beverage Control Board or the Riverside County Health Department.
B. The Chief of Police shall provide written documentation or other evidence to support
the intent to revoke an entertainment license to the licensee with the letter of intent to revoke
an entertainment license.
C. The Chief of Police shall provide written notice of the intent to revoke to the holder of
an entertainment license by personal service, or by certified mail. The notice shall be directed
to the most current entertainment establishment address or other mailing address on file with
the Chief of Police for the entertainment establishment. The notice shall provide the effective
date of the revocation. No revocation shall be imposed on less than thirty (30) days' notice to
the holder of the entertainment license.
D. An entertainment establishment that has had its license revoked may not apply for
another license within 12 months from the date the license is revoked.
9.10.170 Appeal procedure.
A. The right to file a written appeal of a revocation or denial of new permit or renewal of
a permit shall terminate upon the expiration of fifteen (15) days of the date of mailing by the Chief
of Police of the notice specified in Sections 9.10.070 or 9.10.160. of this Chapter. The written
appeal shall be filed with the City Clerk of the City of Temecula and shall be accompanied by an
appeal fee in an amount as set by city council resolution. The City Clerk shall promptly forward
a copy of the appeal to the Chief of Police.
B. In the event an appeal is timely filed, the denial of the renewal or revocation of the
license, shall not be effective until a final decision has been made on the appeal. Notwithstanding
14
the foregoing, if the Chief of Police finds and determines that permitting an entertainment
establishment to continue to operate, pending the appeal hearing, would present an unreasonable
and immediate risk to the public health and safety, the denial of renewal or revocation of the license
may take effect immediately. A business that has been denied an entertainment license, may not
begin to operate as an entertainment establishment until it has obtained a valid entertainment
license. If no timely appeal is filed, the denial of renewal or revocation, or issuance of a license,
shall become effective upon expiration of the period for filing appeals.
C. Upon receipt of a timely appeal, the City Clerk shall refer the appeal to the California
Office of Administrative Hearings for the assignment of an administrative law judge to serve as
the hearing officer.
D. In the event the Office of Administrative Hearings is unable to provide a hearing officer,
the City Clerk shall make arrangements for the selection of a hearing officer to conduct the appeal
hearing as provided in this subsection.
a. Not less than fifteen (15) days prior to the appeal hearing, the City Clerk shall notify the
Chief of Police and the appellant of the names of three qualified attorneys or retired Superior Court
or Appellate Court judges submitted to the City Clerk by a reputable firm providing mediators and
arbitrators to serve as a panel from which the hearing officer will be selected.
b. Within five (5) days of the date of mailing the notice of the available panel, the Chief of
Police and the appellant may notify the City Clerk in writing that he or she elects to remove one
of the three potential hearing officers.
c. The City Clerk shall then request the mediation and arbitration firm to select one of the
remaining names on the list as the designated hearing officer for the appeal hearing.
d. The hearing officer shall be fair and impartial and shall have no bias for or against the
Chief of Police or the appellant.
5. At the appeal hearing, the hearing officer shall receive oral and written evidence from
the Chief of Police and the appellant. The hearing officer shall have authority to administer oaths
to those persons who will provide oral testimony. The evidence presented need not comply with
the strict rules of evidence set forth in the California Evidence Code, but shall be the type of
evidence upon which reasonable and prudent people rely upon in the conduct of serious affairs.
The hearing officer shall have broad authority to control the proceedings and to provide for cross
examination of witnesses in a fair and impartial manner. The Chief of Police shall have the burden
of proof to establish by clear and convincing evidence the facts upon which his or her decision is
based. The appeal hearing shall be recorded by audio recording. Any party may, at its sole cost
and expense, utilize the services of a certified court reporter to prepare the verbatim record of the
hearing. If a court reporter is used, the transcript prepared shall be made available for purchase to
both parties. The hearing officer may continue the appeal hearing from time to time, but only upon
written motion of a party showing good cause for the continuance.
6. The hearing officer may uphold, modify or reverse the decision of the Chief of Police.
Within ten (10) days of the conclusion of the appeal hearing, the hearing officer shall render his or
her decision and make written findings supporting the decision. He or she shall send the decision
to the City Clerk. Upon receipt of the hearing officer's decision, the City Clerk shall send a copy
of it to the Chief of Police and the appellant, along with a proof of mailing.
15
7. Within ten (10) days from date of the City Clerk's mailing of the decision, either party
may appeal the decision to the City Manager. The appeal shall be in writing and filed with the City
Clerk, and shall state the grounds of the appeal and specify the errors in the hearing officer's
decision. Upon receipt of the appeal, the City Clerk shall schedule the appeal for review by the
City Manager to occur within thirty (30) days.
8. The City Manager's review of the appeal shall be limited to determining whether the
evidence received at the appeal hearing supports the findings and decision of the hearing officer.
The City Manager shall be limited to considering the evidence presented at the appeal hearing. No
public hearing shall be required and no new evidence shall be taken by the City Manager. The City
Manager's decision on the appeal shall be set forth in a written opinion. The City Clerk shall mail
a copy of the City Manager's opinion to the Chief of Police and the appellant along with a proof
of service. Any legal action challenging the City Manager's decision shall be filed within ninety
(90) days of the date of the proof of service of mailing of the City Manager's opinion, pursuant to
Section 1094.5, et seq., of the California Code of Civil Procedure. The City Manager's decision
shall be final and effective upon mailing of the opinion. If the appellant prevails following a final
decision, the appeal fee shall be returned.
9.10.180 Severability.
If any section, subsection, sentence, clause or phrase of the ordinance codified in this chapter is
for any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance
codified in this chapter. The city council declares that it would have passed the ordinance codified
in this chapter and each section, subsection, sentence, clause, and phrase hereof, irrespective of the
fact that any one or more of the sections, subsections, sentences, clauses or phrases hereof be
declared invalid or unconstitutional.
9.10.190 Violation —Penalty.
A. Any person who violates any of the provisions of this chapter is guilty of an infraction,
except that the fourth and each additional violation of a provision of this chapter within one
year, shall be a misdemeanor. Except as otherwise set forth herein, penalties for a violation
of this chapter shall be as designated in Title 1 (General Provisions) of this code.
B. In addition to any other remedy authorized by this chapter, a violation of this chapter
may be grounds for a revocation or denial of an entertainment license.
Section 5. Chapter 9.11 (Regulation of Private Security Operators) is hereby added to Title
9 (Public Peace, Morals, and Welfare) of the Temecula Municipal Code to read as follows:
"Chapter 9.11 Regulation of Private Security Operators
9.11.010 Purpose and Intent.
The City of Temecula recognizes the importance of private security to preserve the public safety,
health, and welfare. The purpose of this chapter is to regulate the operation of private security
operators and security guards to ensure that adequate background checks, licensing, and
identification are provided consistently throughout the community.
16
9.11.020 Definitions.
"BSIS" means the California Bureau of Security and Investigation Services, and/or any successor
agency that regulates private security services for the State of California.
"Private Security Operator" means an independent contractor or employer who has one or more
employees, which is licensed by the state to employ "proprietary private security officers" as
defined by the California Business and Professions Code section 7574.01, as may be amended
from time to time, and/or "private patrol operators" and/or "security guards or security officers"
as defined by the California Business and Professions Code section 7582.1, as may be amended
from time to time, which furnishes or purports to furnish services for the purpose of affording
security and protection of person and property or to perform any other service directly related to
the private protection of life and property.
"Security Guard" means an individual employee or independent contractor of a private security
operator who is licensed by the state to be a "proprietary private security officer" as defined by the
California Business and Professions Code section 7574.01, as may be amended from time to time,
and/or a "private patrol operator" and/or a "security guard or security officer" as defined by the
California Business and Professions Code section 7582.1, as may be amended from time to time.
"Unlicensed" means a person or business that does not have a license issued by the BSIS.
9.11.030 Business Requirements.
No business shall employ an unlicensed private security operator, an unlicensed security guard, or
appoint unlicensed staff to perform any security responsibilities set forth in Chapters 11.4 or 11.5
of the California Business and Professions Code, as the same may be amended from time to time.
9.11.040 Business License Required.
All private security operators shall obtain a business license prior to commencing operations.
Individuals working for a private security operator and on the security operator's payroll do not
require a separate business license.
9.11.050 State License Required.
All private security operators and security guards must have a valid and active license issued by
the State of California. Private security operators and security guards may only operate in a way
that the license permits the operator or guard to operate.
9.11.060 License Identification Required.
All private security operators must carry a valid and active license issued by the State of California
whenever operating as a private security operator. All security guards must carry a valid and active
license issued by the State of California whenever operating as a security guard The licenses issued
above shall always be accompanied by a valid government issued identification card (i.e., Driver's
License, etc.) which may verify the identity of the private security operator or security guard. The
license and identification card must be made available to law enforcement and/or Code
Enforcement immediately upon request.
17
9.11.070 Identification of Employer/Contract.
All security guards must disclose their employer's information or the business they are contracted
with upon request to law enforcement and/or Code Enforcement immediately upon request.
9.11.080 Security Name Tag.
All security guards must wear a name tag with the security guard's first name and last initial and
the name of the private security operator that employs the security guard.
9.11.090 Uniforms.
Security guards must wear a uniform with the word "SECURITY" and the name of the private
security operator that is employing the individual or the name of the business that security services
are being provided to by the private security operator.
9.11.100 Private Security Operator Vehicles.
Private security operators and security guards shall not use any vehicle which is painted in such a
manner or in such colors as to cause it to be in imitation of or can be mistaken for an official patrol
or traffic vehicle of the Sheriff or of any Police Department of any City within Riverside County,
nor shall any such vehicle display any emblem or decal which is an imitation of, or can be mistaken
for, any official vehicle emblem or decal of the Sheriff or of any police agency of any City within
the County of Riverside.
9.11.110 Private Security Operator Use of Rank and Title
A private security operator shall not use, grant, or bestow, or permit any security guard to assume
or use any rank or title the same as or similar to any rank or title used by the Sheriff or by any
Police Department within the County of Riverside.
9.11.120 Weapons
While acting as a security guard, the security guard shall not wear equipment or weapons that are
not permitted by state license.
9.11.130 Restricted from Performing Police Duties
A private security operator or security guard shall not perform official police or investigation
activities but shall immediately report every violation of law and every unusual occurrence to law
enforcement.
9.11.140 Obstruction of Law Enforcement or City Staff
A private security operator or security guard shall not obstruct law enforcement, code enforcement,
or the fire department from performing their duties to protect the public safety, health, and welfare.
9.11.150 Entertainment Venue High Visibility Requirements
All businesses with Class III Entertainment license pursuant to Chapter 9.10 that employ private
security operators shall require private security operators to wear a high visibility vest or shirt with
the word "SECURITY" and the name of the business clearly marked on the front and back of the
vest between dusk and dawn.
18
Section 6. Section 9.14.010 (Consumption of alcoholic beverages in public prohibited)
and Section 9.14.020 (Possession of open containers of alcoholic beverages in public places
prohibited.) of Chapter 9.14 (Consumption and Possession of Alcoholic Beverages Prohibited in
Certain Public Places) of Title 9 (Public Peace, Morals, and Welfare) of the Temecula Municipal
Code are hereby amended to read as follows (with additions appearing in underlined text), with all
other provisions of Chapter 9.14 remaining unchanged:
"9.14.010 Consumption of alcoholic beverages in public prohibited.
The drinking of beer, wine, liquor, fermented malt beverage, intoxicating liquor, or other
alcoholic beverage shall be prohibited at the following locations, unless specifically permitted by
the prior written approval of the city:
A. On any public street, roadway, boulevard, alley, parking lot, sidewalk, or any other
property owned, controlled and/or operated by the city, county or any public agency;
B. In the public parking, loading, access and areas accessible to the public of nonresidential
property except within the specific licensed area of the premises of a commercial establishment
holding a valid on -sale license or permit from the California Department of Alcoholic Beverage
Control; or
C. Within any public park, recreational area, or recreation facility owned, controlled and/or
operated by the city, county, or any public agency."
"9.14.020 Possession of open containers of alcoholic beverages in public places prohibited.
No person shall have in his or her possession, with intent to consume any part of the contents
thereof, any bottle, can or other receptacle containing beer, wine, liquor, fermented malt beverage,
intoxicating liquor, or other alcoholic beverage, which has been opened, or a seal broken, or the
contents of which have been partially removed, at the following locations, unless specifically
permitted by the prior written approval of the city:
A. On any public street, roadway, boulevard, alley, parking lot, sidewalk, or any other
property owned, controlled and/or operated by the city, county or any public agency;
B. In the public parking, loading, access, and areas accessible to the public of
nonresidential property except within the specific licensed area of the premises of a commercial
establishment holding a valid on -sale license or permit from the California Department of
Alcoholic Beverage Control; or
C. Within any public park, recreational area, or recreation facility owned, controlled and/or
operated by the city, county, or any public agency."
Section 7. Table N-1 (Temecula Land Use/Noise Standard) of Section 9.20.040
(General sound level standards.) of Chapter 9.20 (Noise) of Title 9 (Public Peace Morals and
Welfare) of the Temecula Municipal Code is hereby amended to add a new row to read as follows:
19
Maximum Noise Level
Property Receiving Noise
(dBA)
Type of Use
Land Use Designation
Interior
Exterior
Mixed -Use with a residential
SPI or medium or high
45
70
component
residential designation
Section 8. Table 17.08.030 (Schedule of Permitted Uses Commercial/Office/Industrial
Districts) of Section 17.08.030 (Use regulations) of Chapter 17.08 (Commercial/Office/Industrial
Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as
follows (with deletions appearing in strikethrough text and additions appearing in underlined text),
with all other provisions of Section 17.08.030 remaining unchanged:
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use
INCICCIFITISC
IPOIBP
ILI
A
Adult businesses —subject to Chapter 17.09 of
the Temecula Municipal Code
_
C
C
C
-
-
Aerobics/dance/gymnastics/jazzercise/martial
arts studios eater than 5,000 s . ft.
_
P
P
P
C
-
Aerobics/dance/gymnastics/jazzercise/martial
arts studios (less than 5,000 sq. ft.)
C
P
P
P
C
C
-
Airports
-
-
-
-
-
C
C
Alcoholism or drug treatment facilities
-
C
C
C
C
-
-
Alcoholic beverage manufacturing)
-
-
-
C
-
P
P
Alcoholic beverage manufacturing with Ewe
entertainment19
-
-
-
1 9
C�
-
1 9
C�
19
C�
Alcoholic beverage sales
See Section 17.10.020, Supplemental
development standards.
Ambulance services
-
-
P
P
-
P
P
Animal hospital/shelter
-
P
P
P
-
P
P
Antique restoration
-
C
C
C
-
C
P
Antique sales
P
P
P
P
-
-
-
Apparel and accessory shops
P
P
P
P
-
-
-
Appliance sales and repairs (household and
small appliances)
P
P
-
P
-
C
C
Arcades(pinball and videogames)'
-
C
C
C
-
-
-
Art supply stores
P
P
P
P
-
-
-
Auction houses
-
-
C
P
-
C
C
Auditoriums and conference facilities
-
C
C
C
C
C
C
Automobile oil change/lube services with no
major repairs
_
C
P
P
P
20
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use
NC
CC
HT
SC
PO
BP
LI
Automobile painting and body shop
-
-
-
C
-
-
P
Automotive parts —sales
P
P
P
P
-
-
P
Automobile rental
-
C
C
P
-
-
P
Automobile repair services
-
C
C
P
-
-
P
Automobile sales (wholesale or auto broker
only) with no outdoor/storage of vehicles
_
C
C
P
-
C
C
Automobile sales with only indoor
display/storage of vehicles
_
C
C
P
-
C
C
Automobile sales with outdoor display/storage
of vehicles'
C
-
-
C
Automobile salvage yards/impound yards
-
-
-
-
-
-
C
Automobile service stations with or without an
automated car wash'
P
P
P
C
C
P
Automotive service stations selling beer and/or
wine —with or without an automated car wash'
C'
C'
C I
C'
C'
C'
B
Bakery goods distribution
-
-
-
P
-
P
P
Bakery retail
P
P
P
P
-
-
-
Bakery wholesale
-
-
-
P
-
-
P
Banks and financial institutions'
P
P
P
P
P
P
P
Barber and beauty shops
P
P
P
P
P
P
P
Bed and breakfast'
-
C
P
-
-
C
-
Beer and wine market'
C
C
C
C
-
-
-
Bicycle (sales, rentals, services)
P
P
P
P
-
-
P
Billiard parlor/pool hall19
-
C 99
C 99
C 99
-
-
Binding of books and similar publications
-
-
-
-
-
P
P
Blood bank
-
P
P
P
P
P
P
Blueprint and duplicating and copy services
-
P
P
P
P
P
P
Bookstores
P
P
P
P
-
-
-
Bowling alley'
-
P
P
P
-
-
-
Building material sales (with exterior
storage/sales areas greater than 50 percent of
total sales area)
-
-
-
P
-
-
P
Building material sales (with exterior
storage/sales areas less than 50 percent of total
sales area)
-
C
C
P
-
-
P
Butcher shop
P
P
P
P
-
-
-
C
Cabinet shop
-
-
-
P
-
-
P
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use
NC
CC
HT
SC
PO
BP
LI
Cabinet shops under 20,000 sq. ft.—no
outdoor storage
_
_
_
P
_
P
P
Camera shop (sales/minor repairs)
P
P
-
P
-
-
-
Candy/confectionery sales
P
P
P
P
-
-
-
Car wash, full service'
-
C
C
C
-
-
C
Carpet and rug cleaning
-
-
-
P
-
C
P
Catering services
P
P
-
P
-
P
P
Clothing sales
P
P
-
P
-
-
-
Coins, purchase and sales
P
P
-
P
-
-
-
Cold storage facilities
-
-
-
-
-
-
P
Communications and microwave installations
-
-
-
-
-
-
-
Communications equipment sales
-
C
-
C
-
P
P
Community care facilities
P
P
P
P
-
-
-
Computer sales and service
P
P
-
P
P
P
P
Congregate care housing for the elderly '° 4
P
P
P
P
P
-
-
Construction equipment sales, service or rental
-
-
-
C
-
-
P
Contractor's equipment, sales, service or rental
-
-
-
C
-
-
P
Convenience market'
C
C
C
C
C
-
-
Costume rentals
-
P
-
P
-
-
-
Crematoriums
-
Cutlery
-
P
P
P
-
-
-
D
Data processing equipment and systems
C
C
-
P
P
P
P
Day care centers
C
P
P
C
P
C
-
Delicatessen
P
P
P
P
P
P
P
Discount/department store
-
P
-
P
-
-
-
Distribution facility
-
-
-
C
-
C
P
Drug store/pharmacy
P
P
P
P
P
-
-
Dry cleaners
P
P
P
P
P
P
C
Dry cleaning plant
-
C
C
C
-
-
P
E
Educational institution
C
C
-
C
C
C
-
Efficiency unit housing
-
C
-
-
C
-
-
Emergency shelters
C
C
C
C
C
C
C
Equipment sales and rentals (no outdoor
storage)
_
P
P
P
-
C
P
Equipment sales and rentals (outdoor storage)
-
-
-
C
-
-
P
F
Feed and grain sales
-
-
-
P
-
-
P
22
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use
NC
CC
HT
SC
PO
BP
LI
Fire and police stations
P
P
P
P
P
P
P
Floor covering sales
-
P
P
P
-
-
-
Florist shop
P
P
P
P
P
-
-
Food processing
-
-
-
-
-
-
P
Fortunetelling, or similar activity
P
P
P
P
P
P
-
Freight terminals
-
-
-
-
-
-
P
Fuel storage and distribution
-
-
-
-
-
-
C
Funeral parlors, mortuary
-
P
P
P
-
-
C
Furniture sales
-
P
-
P
-
-
I -
Furniture transfer and storage
-
-
-
C
-
P
P
G
Garden supplies and equipment sales and
service
_
C
P
P
-
-
C
Gas distribution, meter and control station
-
-
-
-
-
C
C
General merchandise/retail store less than
10,000 sq. ft.
C
P
P
P
-
-
Glass and mirrors, retail sales
-
P
P
P
-
-
-
Governmental offices
C
P
P
P
P
P
P
Grocery store, retail'
-
P
P
P
C
-
-
Grocery store, wholesale'
-
-
-
P
-
C
P
Guns and firearm sales
-
P
-
P
-
-
-
H
Hardware stores
P
P
-
P
-
-
-
Health and exercise clubs (greater than 5,000
sq. ft.)
_
P
P
P
-
P
-
Health and exercise clubs (less than 5,000 sq.
ft.)
C
P
P
P
C
P
-
Health care facility
P
P
P
-
P
P
P
Health food store
P
P
P
P
C
-
-
Heliports'
-
-
-
-
I -
C
C
Hobby supply shop
P
P
P
P
-
-
-
Home and business maintenance service
-
-
-
P
-
P
P
Hospitals
-
C
C
C
C
C
C
Hotels/motels
-
C
P
-
C
C
-
I
Ice cream parlor
P
P
P
P
P
-
-
Impound yard
-
-
-
-
I -
C
Interior decorating service
P
P
P
P
P
EP4-
J
Junk or salvage yard
-
-
-
-
-
-
C
23
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use
INCICCIHTISC
IPOIBP
ILI
K
Kennels'
-
IC
-
IC
-
IC
IC
L
Laboratories, film, medical, research or testing
-
_
_
_
_
P
P
centers
Laundromat
P
P
P
P
-
-
-
Laundry service (commercial)
-
-
-
P
-
-
P
Libraries, museums and galleries (private)
-
C
C
C
C
C
C
Liquefied petroleum, sales and distribution
-
-
-
-
-
-
C
Liquor stores'
-
-
-
-
-
-
-
Lithographic service
-
-
-
P
-
P
P
Locksmith
I P
P
P
P
-
-
P
M
Machine shop
-
-
-
-
-
-
P
Machinery storage yard
-
-
-
-
-
-
C
Mail order businesses
P
P
-
P
P
P
P
Manufacturing of products similar to, but not
limited to, the following:
Custom-made product, processing, assembling,
packaging, and fabrication of goods within
enclosed building (no outside storage), such as
jewelry, furniture, art objects, clothing, labor
-
-
-
-
-
P
P
intensive manufacturing, assembling, and
repair processes which do not involve frequent
truck traffic.
Compounding of materials, processing,
assembling, packaging, treatment or
fabrication of materials and products which
require frequent truck activity or the transfer of
heavy or bulky items. Wholesaling, storage,
and warehousing within enclosed building,
-
-
-
-
-
-
P
freight handling, shipping, truck services and
terminals, storage and wholesaling from the
premises of unrefined, raw or semirefined
products requiring further processing or
manufacturing, and outside storage.
Uses under 20,000 sq. ft. with no outside
_
P
P
storage
Commercial marijuana activity-
-
-
-
-
-
-
Marijuana cultivation?
-
-
-
-
-
-
-
Massage
P
P
P
P
P
P
-
24
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use
NC
CC
HT
SC
PO
BP
LI
Medical equipment sales/rental
P
P
P
P
P
-
-
Medical marijuana dispensary
-
-
-
-
-
-
-
Membership clubs, organizations, lodges
C
C
C
C
C
C
C
Mini -storage or mini -warehouse facilitiesi
-
C
-
P
-
C
P
Mobile home sales and service
-
-
-
P
-
-
P
Motion picture studio
-
-
-
P
-
P
P
Motorcycle sales and services
-
-
-
P
-
-
C
Movie theaters
-
C
C
-
-
-
-
Musical and recording studio
-
C
C
C
-
P
P
N
Nurseries (retail)
-
C
C
P
-
-
P
Nursing homes/convalescent homes
C
C
C
C
C
-
-
O
Office equipment/supplies, sales/services
C
P
P
P
C
P
P
Offices, administrative, corporate headquarters
and professional services including, but not
limited to, business law, medical, dental,
veterinarian, chiropractic, architectural,
engineering, real estate, finance and insurance
P
P
P
P
P
5
P°
P5° 6
P
Paint and wallpaper stores
-
P
P
P
-
-
-
Parcel delivery services
P
P
P
P
P
P
P
Parking lots and parking structures
-
C
C
C
C
P
P
Pawnshop
-
P
P
P
-
-
-
Personal service shops
P
P
P
P
P
P
-
Pest control services
-
C
-
C
-
P
P
Pet grooming/pet shop
P
P
P
P
-
P
P
Photographic studio
P
P
P
P
P
P
-
Plumbing supply yard (enclosed or
unenclosed)
-
-
-
C
-
-
P
Postal distribution
-
-
-
-
-
-
P
Postal services
P
P
P
P
P
P
P
Printing and publishing (newspapers,
periodicals, books, etc.)
-
C
-
P
C
P
P
Private heliport'
-
-
-
-
C
C
C
Private heliport for hospital'
-
C
C
C
C
C
C
Private utility facilities (regulated by the
Public Utilities Commission)
P
P
P
P
P
P
P
Q (Reserved)
25
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use
INCICCIHTISC
IPOIBP
ILI
R
Radio and broadcasting studios, offices
-
P
P
P
P
P
P
Radio/television transmitter
-
-
-
-
-
P
P
Recreational vehicle parks
-
-
C
-
-
-
-
Recreational vehicle sales and rentals
-
-
C
C
-
-
C
Recreational vehicle, trailer, and boat storage
within an enclosed building
C
P
P
Recreational vehicle, trailer and boat storage-
exterior yard
-
-
-
C
-
-
P
Recycling collection facilities
-
P
-
-
-
C
P
Recycling processing facilities
-
-
-
-
-
C
P
Religious institution, without a daycare or
educational institution
P
P
P
C
P
C
C
Religious institution, with an educational
institution
C
C
C
C
C
C
-
Religious institution, with a daycare center
C
C
C
C
C
C
-
Residential (one dwelling unit on the same
parcel as a commercial or industrial use for use
of the proprietor of the business)
C
C
C
C
C
C
C
Residential, multiple -family housing
-
C
-
-
P8
-
-
Restaurant, drive-in/fast food
-
C
C
C
-
-
-
Restauf letmge live-
C
C
C
-
C
C
ants with or-
Restaurant (bona fide public eating
establishment) without alcohol:
P
P
P
P
P_
P
P
Restaurant (bona fide public eating
establishment) with Beer & Wine Sales'
P'
P'
P'
PI
P'
P'
P'
Restaurant (bona fide public eating
establishment) with Beer, Wine & Distilled'
C'
—
C'
—
C'
—
C'
—
C'
C'
—
C'
—
Spirits
Restaurant (bona fide public eating
establishment) with Entertainment (not
-
P'°
y
P'°
y
P',
y
-
p1,
9
PI, 9
includingdancing) ancing)
Restaurant (bona fide public eating
establishment) with Entertainment and/or
P1,9
p1,9
p1,9
Dancing 1, 9
26
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use
NC
CC
HT
SC
PO
BP
LI
Retail support use to a noncommercial
business (limited to the sale of products
manufactured or assembled on -site and
occupying less than 15 percent of the floor
area of the business)
-
-
-
-
-
P
P
Rooming and boarding houses
-
C
-
C
-
-
-
S
Scale, public
-
P
P
P
P
P
C
Schools, trade or vocational
-
P
P
P
P
P
C
Scientific research and development offices
and laboratories
-
-
-
-
C
P
P
Senior citizen housing (see also congregate
care)'' 4
P
P
P
P
P
-
-
Solid waste disposal facility
-
-
-
-
-
-
C
Specialty market'
C
P
P
P
C
-
-
Sports and recreational facility
C
C
C
C
C
C
C
Supportive housing
-
C
-
-
C
-
-
Swap meet, entirely inside a permanent
building'
-
-
-
C
-
C
C
Swap meet, outdoor
-
-
-
-
-
-
-
Swimming pool supplies/equipment sales
-
P
-
P
-
-
P
T
Tailor shop
P
P
-
-
P
-
-
Taxi or limousine service
-
P
P
P
-
-
C
Tile sales
-
P
-
P
-
-
-
Tobacco shop
C
P
P
P
-
-
-
Tool and die casting
-
-
-
-
-
-
P
Transfer, moving and storage
-
-
-
-
-
C
P
Transitional housing
-
C
-
-
C
-
-
Transportation terminals and stations
-
-
C
-
-
C
P
Truck sales/rentals/service'
-
-
-
C
-
C
TV/VCR repair
P
P
P
P4:__
-
-
-
U
Upholstery shop
-
-
-
C
-
P
P
V
Vending machine sales and service
-
-
-
P
-
-
P
W
Warehousing/distribution
-
-
-
-
-
C
P
Watch repair
P
P
P
-
-
P
-
Wedding chapels
-
P
P
-
-
-
-
27
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use
NC
CC
HT
SC
PO
BP
LI
Welding shop
-
-
-
-
-
-
P
Welding supply and service (enclosed)
-
-
-
P
-
-
P
Wine tasting shop, with or without product
sale for off -site consumption (Department of
C
P
P
P
-
-
-
Alcoholic Beverage Control Type 02 only)
Wine tasting shop, with or without product
sale for off -site consumption (Department of
C
C
C
C
-
-
-
Alcoholic Beverage Control License Types
other than Type 02)
Y (Reserved)
Z (Reserved)
Notes:
1. Subject to the supplemental development standards contained in Chapter 17.10 of this code.
2. Subject to the provisions of Chapter 17.40 of the Temecula Municipal Code.
3. See Chapter 5.22 of the Temecula Municipal Code.
4. Senior housing residential projects in the CC, SC, HT and PO zones shall use the residential performance and development
standards for the high -density residential zone. Senior housing residential projects in the NC zone shall use the residential
performance and development standards for the medium density residential zone and the applicable supplemental development
standards in Chapter 17.10. Congregate care facilities shall use the residential performance standards.
5. New office buildings in the BP and LI zones are subject to performance standards contained in Section 17.08.070(E).
6. Supplemental Design Review. Office buildings that are less than 50,000 square feet may be approved, conditionally approved,
or denied by the city council.
7. Marijuana cultivation (as defined in Chapter 8.52) for medical, non -medical or other purposes, are prohibited uses everywhere
in the city including all zoning districts, Specific Plan areas, overlay zones and planned development zones and shall be
prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060 of the Temecula Municipal Code.
8. Residential, multiple -family housing shall be allowed in the PO zone only if the affordable housing overlay (AHO) applies
to the property and the proposed development complies with all requirements of Chapter 17.21.
9. Subject to Chapter 9.10 (Entertainment License) and Chapter 9.11 (Regulation of Private SecuritOperators)
Section 9. Subsections 1, 4, and 5 of `B. Alcoholic Beverage Sales" and Subsection
"H" of Section 17.10.020 (Supplemental development standards.) of Chapter 17.10 (Supplemental
Development Standards) of Title 17 (Zoning) of the Temecula Municipal Code are hereby
amended to read as follows (with deletions appearing in strikethrough text, and additions appearing
in underlined text), with all other provisions of Section 17.10.020 remaining unchanged:
`B. Alcoholic Beverage Sales.
1. All businesses or establishments offering the sale of alcoholic beverages shall obtain
and thereafter maintain the appropriate license from the state of California Department of Alcohol
Beverage Control. All businesses or establishments shall provide the ABC license, conditions of
the license. and the site elan upon reauest of law enforcement or the citv or. uaon the reauest of
the applicant after pre -compliance review.
4. Restaufanis are peFmitted to sei=ve beer- and wine as a matter- of right but are stfl�eet
sell, >
tffiless other -wise
r-eg-alated by a etiffent speeifie plan. —Restaurants shall operate under the following_ requirements:
28
a. Restaurants that are open to the public for business and engaged in the ancillary
sale of alcoholic beverages, shall provide restaurant services to the public during all hours that the
establishment is open. Restaurant service shall include, but not be limited to, an offering and the
ability to order a varied menu of foods of not less than five main courses with appropriate
nonalcoholic beverages, desserts, salads, and other attendant dishes.
b. A conditional use permit is required for restaurants that plan on offering, selling, elling, or
serving beer, wine, and distilled spirits (typically a Type 41 California ABC license), unless
otherwise regulated by a current Specific Plan. Restaurants offering beer, wine, and distilled spirits
must cease alcohol sales one half hour prior to closing
C. Restaurants are permitted to serve beer and wine (typically a Type 42 California
ABC license) as a matter of right.
d. Restaurants that desire to offer any form of entertainment, must obtain an
entertainment license in accordance with Chapter 9.10.
e. Managers and staff shall obtain and maintain Responsible Beverage Service
certifications (as required by the California Department of Alcoholic Beverage Control). The
establishment shall maintain:
i. A current listing of all staff members that are certified to sell alcohol;
ii. Responsible beverage service certification numbers and expiration dates for
all staff members that are certified to sell alcohol;
f. If a conditional use permit is required for alcoholic beverage sales, a printed copy
of the conditions of approval, including the approved floor plan, shall be stored on the premises in
a readily accessible location and shall be made available upon request to the city or law
enforcement or, upon the request of the applicant after pre -compliance review.
g. All restaurants shall make a copy of the approved ABC license, the associated
conditions, and the approved site plan available immediately upon request to city staff or law
enforcement or, upon the request of the applicant after pre -compliance review.
h. All security guards shall operate in accordance with Chapter 9.11 (Regulation of
Private Security Operators)."
5. For establishments with on -sale alcohol beverage sales that are not bona fide eating
establishments (i.e., eemedy elub, nightelub, daneed), the "bar area" may ONLY be an
ancillary use subject to the approval of a conditional use permit."
"H. Entertainment Establishments. .
1. Noise levels shall not exceed the standards set forth in the noise element of the general plan
or the standards set forth in Section 9.20.040.
2. Daneing, musie,
and similar- en4et4aimnent uses shall be limited to between the houfs of six
p.m. and two . Entertainment establishments shall abide by Chapter 9 (Entertainment
License).
3. The city may apply additional requirements or limitations depending on the location,
surrounding uses and other considerations."
Section 10. Table 17.24.040 of Section 17.24.040 (Parking Requirements) of Chapter
17.24 (Off -Street Parking and Loading) of Title 17(Zoning) of the Temecula Municipal Code is
hereby amended as follows (with additions shown in underline, and deletions shown in
strikethrough text), with all other provisions of Title 17.24.040 remaining unchanged:
29
Table 17.24.040
Parking Spaces Required
Description of Use
Required Number of Spaces
Commercial Uses - Retail and Service
Restaurants
Dine -in
1 space/100 SF-GFA, with a minimum of 10
spaces in all cases; restaurants with dance
areas must also comply with the dancing area
standards set forth under "Recreation Uses"
Fast food
Table 17.24.040
Parking Spaces Required
Description of Use
Required Number of Spaces
Recreation Uses
Des Dancing area
1 space/7 gross SF dance floor area
Section 11. Section 17.34.010 (Definitions and illustration of terms) of Section of
Chapter 17.34 (Definitions of Terms) of Title 17 (Zoning) of the Temecula Municipal Code is
hereby amended to delete the definition of "restaurant" and add definitions for "entertainment",
"Restaurant (bona fide public eating establishment) without alcohol", "Restaurant (bona fide
public eating establishment) with beer and wine sales", "Restaurant (bona fide public eating
establishment) with beer, wine and distilled spirits" and revise the definition of "nightclubs,
taverns, bars" as follows (with deletions appearing in strikethrough text and additions appearing
in underlined text), with all other provisions of Section 17.34.010 remaining unchanged:
"Entertainment" means any single event, a series of events, or an ongoingay or business,
occurring alone or as part of another business, to which the public is invited or allowed to watch,
listen, or participate in, or is conducted for the purposes of holding the attention of, gaining the
attention of, or diverting or amusing patrons including, but not limited to:
1. Dancing by patron(s) to live or recorded music.
2. The presentation of music played on sound equipment operated by an agent, employee,
contractor of the establishment, commonly known as "disc jockey" or "DJ."
3. The presentation of live music whether amplified or non -amplified.
4. The presentation of music videos, music concerts or other similar forms of musical
entertainment from any source.
5. Any amusement or event such as live music or other live performance which is knowingly
permitted by any entertainment establishment, including �presentations by single or multiple
performers, such as hypnotists, pantomimes, comedians, karaoke, song or dance acts, plays,
concerts, any type of contest; events with live animals/reptiles, sporting events, exhibitions,
carnival or circus acts, demonstrations of talent or items for gift or sale; shows, reviews, and any
other such activity which may be attended by members of the public.
30
Restaurant (bona fide public eating establishment) without alcohol:
Means any establishment where the primary business is the preparation, service, and retail sales of
meals comprising a varied selection of foods and nonalcoholic beverages prepared, served, and
consumed on the premises. Entertainment establishments that allow dancing shall be considered a
Class III establishment.
Restaurant (bona fide public eating establishment) with Beer and Wine Sales:
Means any establishment where the primary business is the preparation, service, and retail sales of
meals comprising a varied selection of foods, nonalcoholic beverages, beer, and wine prepared,
served, and consumed on the premises.
To be classified as a restaurant (bona fide public eating establishment) with beer and wine sales,
an establishment shall meet the following_ requirements.
1. Be designed and operated in such a way that the sale of alcoholic beverages is ancillary to
the primary restaurant operation;
2. The sale of an.. f�prepared for consumption off the premises shall be occasional only
and clearly ancillary and subordinate to the on -premises restaurant operation;
3. On any day the restaurant is open to the public for business and engaged in the ancillary
sale of alcoholic beverages, restaurant services shall be available to the public during all hours of
operation. Restaurant service shall include, but not be limited to, an offering and the ability to
order a varied menu of foods of not less than five main courses with appropriate nonalcoholic
beverages, desserts, and other attendant dishes.
4. No entertainment shall be provided without an active and valid entertainment license.
5. No admission charge can be charged, and no required purchase/donation is required (such
as a minimum drink order) for entertainment involvingdancing.
ancing_
6. Entertainment establishments that allow dancing shall be considered a Class III
establishment pursuant to Section 9.10.020.
Restaurant (bona fide public eating establishment) with Beer, Wine and Distilled Spirits:
Means any establishment where the primary business is the preparation, service, and retail sales of
meals comprising a varied selection of foods, nonalcoholic beverages, beer, wine, and distilled
spirits, prepared, served, and consumed on the premises.
To be classified as a restaurant (bona fide public eating establishment) with beer, wine, and
distilled spirit sales, an establishment shall meet the following requirements.
I. Be designed and operated in such a way that the sale of alcoholic beverages is ancillary to
the primary restaurant operation;
2. The sale of an.. f�prepared for consumption off the premises shall be occasional only
and clearly ancillary and subordinate to the on -premises restaurant operation;
3. On any day the restaurant is open to the public for business and engaged in the ancillary
sale of alcoholic beverages, restaurant services shall be available to the public during all hours of
operation. Restaurant service shall include, but not be limited to, an offering and the ability to
order a varied menu of foods of not less than five main courses with apnronriate nonalcoholic
beverages, desserts, and other attendant dishes.
4. No entertainment shall be provided without an active and valid entertainment license.
5. No admission charge can be charged, and no required purchase/donation is required (such
as a minimum drink order) for entertainment involvingdancing.
ancing_
931
6. Entertainment establishments that allow dancing shall be considered a Class III
establishment pursuant to Section 9.10.020.
"Taverns and bars" means establishments primarily providing preparation and retail sales of
alcoholic beverages as licensed by the Alcoholic Beverage Control Department. Taverns, and bars
with dancing shall obtain a Class III Entertainment License."
Section 12. Severability. If any section or provision of this Ordinance is for any reason
held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by
reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance
shall remain valid. The City Council hereby declares that it would have adopted this Ordinance,
and each section or provision thereof, regardless of the fact that any one or more section(s) or
provision(s) may be declared invalid or unconstitutional or contravened via legislation.
Section 13. Certification. The Mayor shall sign and the City Clerk shall certify to the
passage and adoption of this Ordinance and shall cause the same or a summary thereof to be
published and posted in the manner required by law.
Section 14. Effective Date. This Ordinance shall take effect and be in full force and
operation thirty (30) days after its second reading and adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this day of ,
ATTEST:
Randi Johl, City Clerk
[SEAL]
32
Matt Rahn, Mayor
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing
Ordinance No. 2022- was duly introduced and placed upon its first reading at a meeting of the
City Council of the City of Temecula on the 22"d day of March, 2022, 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:
33
Randi Johl, City Clerk
STAFF REPORT — PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
TO: Planning Commission Chairperson and Members of the Planning
Commission
FROM: Luke Watson, Deputy City Manager
DATE OF MEETING: February 2, 2022
PREPARED BY: Eric Jones, Case Planner
PROJECT
SUMMARY: Long Range Project Number LR21-1017, amending Title 9 and Title 17
of the Temecula Municipal Code to include Entertainment Licenses,
further clarify the definitions of restaurants, entertainment, taverns and
bars, and provide regulations for private security operators, and
establishing noise standards for mixed -use developments with a
residential component.
CEQA: Categorically Exempt
Title 14, Chapter 3, California Code of Regulations (CEQA Guidelines),
Section 15061(b)(3)
RECOMMENDATION: Adopt a Resolution recommending that the City Council adopt an
ordinance amending Titles 9 and 17 of the Temecula Municipal Code
related to entertainment licenses, further clarifying the definition of
restaurants, entertainment, taverns and bars, establishing noise
standards for mixed -use developments with a residential component,
and providing regulations for private security operators and finding that
this ordinance is exempt from the California Environmental Quality Act
(CEQA) pursuant to CEQA guidelines section 15061 (13)(3)
BACKGROUND SUMMARY
Offering entertainment can increase visibility for businesses and help them remain competitive.
Businesses seeking to offer entertainment must currently obtain a Conditional Use Permit (CUP)
to allow an entertainment use. The CUP process can be considered by some to be too costly and
time consuming. This is especially true for small businesses. In addition, a CUP runs with the land
and is not tied the owner and/or operator of the business. This essentially allows a CUP to be valid
in perpetuity provided an applicant does not pursue any modifications to the original approval. In
addition, the CUP revocation process is costly and time consuming for the City. It is important to
note that the proposed ordinance does not apply to establishments already in possession of a CUP
that currently allow for entertainment. However, the ordinance would apply to all establishments
in relation to private security operations.
Revocation of a CUP requires a hearing before the California Office of Administrative Hearings
(OAH). The OAH has forty-five days to respond to a request for hearing. Also, a permittee can
request extensions or file appeals, further lengthening the revocation process. Findings by the OAH
must be heard by both the Planning Commission and the City Council for final action. This process
makes it difficult for the City to address businesses that are creating nuisance and/or safety issues
in a timely manner.
The City has received Code Enforcement complaints related to businesses that are operating
outside the limits of their approved CUP. These complaints typically involve restaurants and
consist of excessive noise, operating later than approved hours, overcrowding by exceeding
Building and Fire occupancy standards, and the offering of unpermitted live entertainment. In Old
Town, the City has created the Metro Team (a division of the Riverside County Sheriff's
Department) to improve safety, encourage compliance with approved CUPs, and other regulations.
Members from the City's Code Enforcement, Fire, and Building and Safety divisions accompany
the Metro Team to inspect for issues related to building and Fire code requirements.
Municipalities have begun to move away from requiring a CUP for entertainment because of their
limitations. Instead, many have adopted ordinances requiring the approval of an entertainment
license. These licenses differ from a traditional CUP in two distinct ways. First, they do not live
with the land and are instead tied to a business or business owner. Second, they require an applicant
to file annual renewals.
As a result of the numerous complaints from residents and business owners, as well as the
extensive resources spent on attempting to ensure compliance with existing entertainment -oriented
CUPs as discussed above, the City has developed a citywide Entertainment License Ordinance. A
draft of this ordinance was reviewed by Planning Commission and City Council subcommittees
(non -committee members also reviewed the Ordinance) as well as community stakeholders at the
below dates:
• November 17, 2021: Planning Commission Municipal Maintenance Subcommittee
• January 3, 2022: City Council Public Safety Ad Hoc Committee
• January 6, 2022: Visit Temecula
• January 11, 2022: Old Town Temecula Association (OTTA)
• January 12, 2022: Temecula Valley Chamber of Commerce
Key Ordinance Components
The Entertainment License Ordinance will require revisions to both Title 9 and Title 17.
Revisions to Title 9 will include many of the requirements needed to administer the ordinance.
The ordinance will create three distinct entertainment classes with corresponding hours within
Title 9. These hours only correspond to the entertainment aspect of the business. The business is
free to continue other operations beyond the stated times. Classes as well their proposed hours are
listed below:
Entertainment Establishment Types
Class I Entertainment Establishment (a businesses without alcohol)" means a business
offering ancillary entertainment to patrons. A Class I facility does not serve any alcoholic
beverages and does not include any dancing.
Class II Entertainment Establishment (a business serving beer, wine, and/or distilled
spirits)" means a business with an ABC license that offers beer, wine, and or distilled
spirits as an addition to offering ancillary entertainment to patrons. A Class II facility does
not include dancing.
Class III Entertainment Establishment (Nightclub, Cocktail Lounge, Bar, & Dance
Club/Hall, Pool Hall)" means a business with an ABC license that offers any combination
of beer, wine, and/or distilled spirits in addition to offering entertainment to patrons. A
Class III facility also allows for dancing. Restaurants with dancing shall be classified as a
Class III facility.
Entertainment
Permitted Entertainment Hours of Operation
License Type
Class I
7:00 a.m. — 9:00 p.m. Dail
Class II
7:00 a.m. — 9:00 p.m. Sunday- Thursday; 7:00 a.m. 10:00 p.m.
Friday- aturda
Class III
Entertainment operating hours shall be between 7:00 a.m. — 11:59
p.m. or as required by a Conditional Use Permit that explicitly allows
dancing adopted prior to February 2022.
The three classes are designed to encourage family friendly entertainment while also allowing for
more intense ancillary entertainment uses such as dancing. For the purpose of providing an
example of each type, a Class I license would be ideal for a coffee shop offering an acoustical
guitar player. In this example, no alcohol is served in conjunction with entertainment. A Class II
license could be utilized by restaurant that would like to serve mixed drinks and offer live music.
In this example, alcohol is served in conjunction with entertainment, but dancing is not included.
Finally, a Class III license is reserved for a business seeking the most intensive forms of
entertainment such as a restaurant that offers alcohol and dancing. It is important to note that for
Classes II and III licenses, alcohol requests that include distilled spirits will still need to be
approved via the traditional CUP process. This process will run independently of the entertainment
license and have its own conditions of approval.
The proposed ordinance states that Class III licenses must incorporate security guards as part of
their operations. This is because of the anticipated intensity of Class III uses. Staff has learned
through consultation with the Metro Team that some business employees are serving as security
guards without any formal training or licensing. This has led to several incidents in Old Town that
have impacted public safety. The proposed ordinance will contain security guard standards. These
standards include:
• Security personnel must have an active license through the California Bureau of Security
and Investigative Services
• The security license must be made available upon request by any peace officer, code officer
or other official or, if requested by the business, upon pre -compliance review
• Business cannot appoint unlicensed staff to the role of security guard
• Security personal must wear a highly visible vest or shirt with "Security" and the name of
the business
Security guard standards will apply to all businesses citywide upon approval of the ordinance
regardless of whether they currently possess a CUP or not.
Revisions to Title 17 will not be as extensive as those for Title 9. Revisions to this title include
additions and clarifications to Section 17.34.010 (Definitions and illustration of terms) designed
to increase clarity. Three of these definitions are of particular importance because they will define
specific uses. The first definition is for "Restaurant (bona fide public eating establishment) with
Beer, Wine and Distilled Spirits." The proposed definition is as follows:
"Restaurant (bona fide public eating establishment) with Beer, Wine and Distilled Spirits "
Means any establishment at which the primary business is the preparation, service, and retail
sales of meals comprising a varied selection of foods, nonalcoholic beverages, beer, wine,
and distilled spirits, prepared, served, and consumed on the premises.
To be classified as a restaurant (bona fide public eating establishment) with beer, wine, and
distilled spirit sales, an establishment shall meet the following requirements.
1. Be designed and operated in such a way that the sale of alcoholic beverages is incidental
to the primary restaurant operation;
2. The sale of any food prepared for consumption off the premises shall be occasional only
and clearly incidental and subordinate to the on premises restaurant operation;
3. On any day the restaurant is open to the public for business and engaged in the incidental
sale of alcoholic beverages, restaurant services shall be available to the public during all
hours of operation. Restaurant service shall include, but not be limited to, an offering and
the ability to order a varied menu offoods or not less than five main courses with appropriate
nonalcoholic beverages, desserts, and other attendant dishes.
4. No entertainment shall be provided without an active and valid entertainment license.
S. No admission charge can be charged, and no required purchase/donation is required (such
as a minimum drink order) for entertainment involving dancing.
6. Establishments that incorporate dancing shall be considered a Class III establishment
pursuant to Section 9.10.020.
There are also definitions added for "Restaurant (bona fide public eating establishment) without
alcohol" and "Restaurant (bona fide public eating establishment) with Beer and Wine Sales".
These definitions provide that any restaurant that incorporates dancing is a Class III establishment
pursuant to Section 9.10.020.
The second definition is for "Taverns and bars". The proposed definition is as follows:
"Taverns and bars " means establishments primarily providing preparation and retail sales
of alcoholic beverages as licensed by the Alcoholic Beverage Control Department. Taverns
and bars with dancing shall obtain a Class III Entertainment License.
The third definition is for "Entertainment". The proposed definition is as follows:
"Entertainment" means any single event, a series of events, or an ongoing activity or
business, occurring alone or as part of another business, to which the public is invited (by
advertisement or word of mouth) or allowed to watch, listen, or participate, or is conducted
for the purposes of holding the attention of, gaining the attention of, or diverting or amusing
patrons including, but not limited to:
1. Dancing by patron(s) or staff to live or recorded music.
2. The presentation of music played on sound equipment operated by an agent or
contractor of the establishment. This may or may not include a "disc jockey" or `DJ. "
3. The presentation of live music whether amplified or non -amplified.
4. The presentation of music videos, music concerts or other similar forms of musical
entertainment from any source.
S. Any amusement or event such as live music or other live performance which is
knowingly permitted by any entertainment establishment, including presentations by
single or multiple performers, such as hypnotists, pantomimes, magicians, comedians,
song or dance acts, plays, concerts, any type of contest; events with live animals/reptiles,
sporting events, exhibitions, carnival or circus acts, demonstrations of talent or items
for gift or sale; shows, reviews, and any other such activity which may be attended by
members of the public. "
Additional amendments to Title 17 include the following:
• Elimination of uses in Table 17.08.030 (Schedule of Permitted Uses
Commercial/Office/Industrial Districts) including "Nightclubs/dance club/teen
club/comedy club", "Restaurants and other eating establishments", "Restaurants with
lounge or live entertainment"
• Additional requirements for businesses selling alcoholic beverages including presenting a
valid ABC license to any official
• Requirements for entertainment establishments related to noise and parking.
Administration
An entertainment license can be approved administratively as opposed to a traditional CUP that
must be approved via the public hearing process. The approval will last for one year. Applicants
can reapply on a year-to-year basis thereafter on the first business day in February. In addition, an
entertainment license can be administratively revoked as a result of one to three violations as
described in Section 9.10.160 (Revocations/suspension for violation) of the attached draft
5
ordinance. Revocations last one calendar year from the date the revocation took place after which
the business may reapply.
It is important to note that the ordinance does not apply to establishments already in possession of
a CUP that currently allow for entertainment. These businesses would become subject to the
ordinance if a modification to the existing CUP is proposed and approved. The ordinance would
apply to all establishments with regard to private security operations.
Process Improvements
The entertainment license ordinance will produce several improvements for both applicants and
City staff. These improvements include:
• City staff will have greater flexibility with regard to administering entertainment citywide
• Compliant businesses will benefit from streamlined review and approval process
• Non -Compliant businesses will have an opportunity to come into compliance quickly since
the City can follow-up in a timely manner.
• Clear standards for entertainment and security guards will be implemented
• Quality of life improvements for adjacent property owners, residents, and businesses
LEGAL NOTICING REQUIREMENTS
Notice of the public hearing was published in The Press -Enterprise on January 20, 2022.
ENVIRONMENTAL DETERMINATION
In accordance with the California Environmental Quality Act Title 14, Chapter 3, California Code
of Regulations (CEQA Guidelines), Section 15061(b)(3), the proposed project has been deemed
to be categorically exempt from further environmental review. It can be seen with certainty that
there is no possibility that the Ordinance will have a significant effect on the environment.
The proposed Municipal Code amendments provide standards for how entertainment uses are to
operate and establish standards for private security operators. These regulations do not increase
the intensity or density of any land use above what is currently allowed. Moreover, the noise
standards for mixed -use developments established by the proposed Ordinance, are consistent with
the standards set forth in the General Plan for mixed -use developments.
STAFF RECOMMENDATION
Staff is recommending that the Planning Commission adopt a Resolution recommending that the
City Council adopt an ordinance amending Title 9 and Title 17 of the Temecula Municipal Code.
ATTACHMENTS: 1. Draft Planning Commission Resolution
2. Exhibit A — Draft City Council Ordinance
3. Notice of Public Hearing
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ESTABLISHING AN ENTERTAINMENT
LICENSE FEE
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. The City Council hereby finds determines and declares that:
A. On March 22, 2022, the City Council introduced Ordinance No. 2022-XX
amending provisions of the Temecula Municipal Code to establish licensing requirement for
entertainment venues in the City.
B. The City Council has the authority to establish fees for the review and
processing of Entertainment License applications.
C. Based upon its review of the information and analysis of City Staff, this
Resolution establishes a reasonable fee for staff to conduct Entertainment License application
reviews that does not exceed the actual costs to the City of processing these applications.
Section 3. The City Council herby approves the following fee schedule for
Entertainment Licenses:
Entertainment License Class
Fee
Class I
$100
Class II
$250
Class III
$500
Section 4. This Resolution shall be effective on the effective date of Ordinance No.
2022-XX.
Section 5. 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 22nd day of March, 2022.
Matt Rahn, 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. 2022- was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 22"d day of March, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
Notice of Public Hearing
THE 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.: LR21-1017 Municipal Code Update
Applicant: City of Temecula
Location: Citywide
Proposal: Adopt an Ordinance amending Title 9 and Title 17 of the Temecula Municipal Code to include
Entertainment Licenses, further clarify the definitions of restaurants, entertainment, taverns, and bars, and provide
regulations for private security operators, and establishing noise standards for mixed -use developments with a
residential component.
Environmental Action: In accordance with the California Environmental Quality Act Title 14, Chapter 3
California Code of Regulations (CEQA Guidelines), Section 15061 (b) (3), the proposed project has been deemed
to be categorically exempt from further environmental review. It can be seen with certainty that there is no possibility
that the Ordinance will have a significant effect on the environment. The proposed Municipal Code amendments
provide standards for how entertainment uses are to operate and establishes standards for private security
operators. These regulations do not increase the intensity or density of any land use above what is currently
allowed. Moreover, the noise standards or mixed -use developments established by the proposed Ordinance, are
consistent with the standards for mixed -use developments established by the proposed Ordinance, are consistent
with the standards set forth in the General plan for mixed use developments. A Notice of Exemption has been
prepared and will be filed in accordance with CEQA and the State CEQA Guidelines.
PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers
DATE OF HEARING: March 22, 2022
TIME OF HEARING: 7:00 PM
Any person may submit written comments to the City Council before the hearing or may appear and be heard in
support of or opposition to the approval of the project at the time of hearing.
Any petition for judicial review of a decision of the City Council shall be filed within the time required by, and
controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or
proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the City Council,
shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or
prior to, the public hearing described in this notice.
The proposed project application may be viewed at the public information counter, Temecula Civic Center,
Community Development Department, 41000 Main Street, Monday through Friday from 8:00 a.m. until 5:00 p.m.
Questions concerning the project(s) may be addressed to Eric Jones, City of Temecula Community Development
Department, (951) 694-6400
Item No. 20
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk
DATE: March 22, 2022
SUBJECT: Introduce Ordinance Amending Section 2.04.020 of the Temecula Municipal
Code Relating to the Time of City Council Meetings
PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk
RECOMMENDATION: That the City Council introduce and read by title only an ordinance
entitled:
ORDINANCE NO. 2022-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING SECTION 2.04.020 OF THE
TEMECULA MUNICIPAL CODE RELATING TO THE TIME
AND PLACE OF MEETINGS
BACKGROUND: Over the last few years, the agenda of the City Council reviewed
and acted upon at its regular meetings has grown structurally. With the addition of board and
commission reports, public safety reports, items to be discussed at future agendas, and more, the
length of the agenda and meetings has grown significantly. The opportunity for residents to view
and listen to the meetings has also kept pace as the meetings are now accessible via livestream
on multiple devices in addition to the traditional Channel 3 accessibility. As such it is
recommended that the City Council change the start time of the regular meetings to six p.m. from
seven p.m. and amend the municipal code to reflect the same. As a technical housekeeping
measure, this municipal code section will also reflect the current City Hall address of 41000
Main Street.
FISCAL IMPACT: None
ATTACHMENTS: Ordinance
ORDINANCE NO.2022-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING SECTION 2.04.020 OF THE
TEMECULA MUNICIPAL CODE RELATING TO THE
TIME AND PLACE OF MEETINGS
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Section 2.04.020 of the Temecula Municipal Code is hereby amended to
read as follows:
"2.04.020 Time and place of meetings.
A. Regular meetings for the city council shall be held on the second and fourth Tuesday
of each month. Regular meetings shall commence at six p.m. for open sessions and adjourn at
eleven p.m., subject to motion, unanimously adopted by the members present, to extend the
meeting. The city clerk shall, with the assistance of the city attorney, determine the commencement
time of closed sessions on the basis of the matters to be discussed therein. Regular meetings shall
be conducted at City Hall, 41000 Main Street, Temecula."
Section 2. The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be published in the manner required by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this day of ,
Matt Rahn, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing
Ordinance No. 2022- was duly introduced and placed upon its first reading at a meeting of the
City Council of the City of Temecula on the 22"d day of March, 2022, 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
Item No. 21
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: March 22, 2022
SUBJECT: Receive and File Temecula Safe - Massage Enforcement Update (Long Range
Project No. LR22-0174)
PREPARED BY: Brandon Rabidou, Senior Management Analyst
RECOMMENDATION: That the City Council receive and file the update on massage
enforcement.
BACKGROUND: The Temecula City Council continues to place public safety as its
highest priority as desired by residents in the City's Quality of Life Master Plan (QLMP). In the
spirit of safety, this theme for Temecula is Temecula Safe. One way that the City ensures public
safety is by receiving periodic updates from different City Departments and partners agencies on
the performance of programs/initiatives.
A recent public safety initiative was the City's 2019 Massage Ordinance update. This
comprehensive re -write of the City's Massage Ordinance has incorporated substantial changes to
ensure that massage establishments are operating in a safe and compliant manner. Along with
updated regulations, the revised Massage Ordinance incorporated administrative changes to reduce
permitting confusion and the number of visits that a business owner may need to make for Massage
Establishment Permits.
City Staff, as well as our partners from the Riverside County Sheriff s Office will be presenting an
overview of the Massage Ordinance, impacts of the ordinance, and next steps to ensure that
massage establishments remain Temecula Safe.
FISCAL IMPACT: None
ATTACHMENTS: None
Item No. 22
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk
DATE: March 22, 2022
SUBJECT: Consider Term Limits for City Council Members (At the Request of
Subcommittee Members Alexander and Edwards)
PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk
RECOMMENDATION: That the City Council consider term limits for City Council
Members and provide general direction regarding the same.
BACKGROUND: At the January 18, 2022 meeting, the City Council unanimously
approved the placement of the subject of term limits on a future agenda at the request of Council
Member Alexander. At the February 8, 2022 meeting, the City Council discussed the matter
generally and created a subcommittee consisting of Council Member Alexander and Council
Member Edwards to review the subject matter further and make related recommendations to the
full Council. The subcommittee met on March 8, 2022. While the subcommittee was unable to
reach consensus, it had a thorough and thoughtful discussion on the matter and discussed the
pros and cons of term limits, the number of terms, and options for breaks or lifetime terms.
As the subcommittee was unable to reach consensus on these items, it recommended that the
City Council discuss the matter and provide general direction on the following items:
(1) Does the City Council wish to place term limits for elected officials on the local ballot?
(2) If yes, what number of terms would be the limit? Would the limit be lifetime?
Depending upon the direction of the City Council, staff will either return with a proposed
ordinance for placement on the ballot, table the matter until such time that a future City Council
wishes to discuss the item further, or follow other direction provided by the Council as needed.
FISCAL IMPACT: None
ATTACHMENTS: February 8, 2022 Staff Report
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk
DATE: February 8, 2022
SUBJECT: Consider Term Limits for City Council Members (At the Request of Council
Member Jessica Alexander)
PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk
RECOMMENDATION: That the City Council consider term limits for City Council
Members and provide general direction regarding the same.
BACKGROUND: At the January 18, 2022 meeting, the City Council unanimously
approved the placement of the subject of term limits on a future agenda at the request of Council
Member Alexander.
California Government Code
Government Code Section 36502 (b) specifically states that "Notwithstanding any other
provision of law, the city council of a general law or charter city may adopt, or the residents of
the city may propose, by initiative, a proposal to limit or repeal a limit on the number of terms a
member of the city council may serve on the city council, or the number of terms an elected
mayor may serve. Any proposal to limit the number of terms a member of the city council may
serve on the city council, or the number of terms an elected mayor may serve, shall apply
prospectively only and shall not become operative unless it is submitted to the electors of the city
at a regularly scheduled election and a majority of the votes cast on the question favor the
adoption of the proposal. "
State Term Limits
In 1990, voters in California imposed term limits on the state legislature. Senators could not
serve more than two four-year terms (total of eight years) and assembly members could not serve
more than three two-year terms (total of six years). In 2012, voters modified these limits to allow
legislators to serve a total of 12 years in either chamber. Other State offices are limited to two
four-year terms (i.e., Governor, Lieutenant Governor, Secretary of State, Attorney General).
https://ballolpedia.org/califomia State_ Legislature
County Term Limits
With respect to term limits for board of supervisors in California, 7 of the 58 counties (12%)
limit the terms of county supervisors. In Los Angeles, Santa Clara, and San Mateo counties,
supervisors are limited to three four-year terms. In El Dorado, Orange, San Francisco, and San
Joaquin counties, supervisors are limited to two four-year terms.
hgps://ballotpedia.or /g Term_limits_in California
City Term Limits
Aggregated data on term limits for cities in the State of California and/or County of Riverside is
not readily available. As such, staff aggregated current data on Riverside County cities from
scratch polling the cities via email and/or telephone to verify the information. The information
was also cross-checked with each cities' municipal code to ensure accuracy. It is important to
note that the information included references only those cities that have term limits for their City
Council members collectively (i.e., does not include cities with term limits for boards and
commissions and/or for directly elected mayor only). The preliminary information regarding
term limits for council members for Riverside County cities is as follows:
CITY:
TERM
LIMITS?
DETAILS:
MUNICIPAL
CODE SECTION:
Banning
N
Beaumont
N
Blythe
N
Calimesa
N
Canyon Lake
N
Cathedral City
N
Coachella
N
Corona
Y
3 Term Limit Lifetime
2.08.180
Desert Hot Springs
N
Eastvale
N
Hemet
Y
3 Term Limit Lifetime
Article II, Sec 2-37
Indian Wells
Y
2 Term Limit (Lifetime)
2.08.045
Indio
N
Juru a Valley
N
Lake Elsinore
N
La Quinta
N
Menifee
Y
2 Successive Term Limit 2 Year Break
2.04.080
Moreno Valley
Y
3 Successive Term Limit 2 Year Break
2.04.025
Murrieta
Y
2 Consecutive Term Limit 4 Year Break
1.20.020
Norco
N
Palm Desert
N
Palm Springs
N
Perris
Y
3 Term Limit Lifetime
2.05.010
Rancho Mirage
N
Riverside
N
San Jacinto
N
Temecula
N
Wildomar
N
ADDITIONAL DETAILS
Corona: "Pursuant to Government Code § 36502(b), term limits are imposed upon persons
serving on the City Council as follows: (A) As further provided in section (B) below, no person
shall be eligible for nomination and/or election to more than three (3) terms of office as a City
Council Member, whether by election or appointment and whether served consecutively or not.
(B) As used herein, a term of office shall include any term as City Council Member which
commences on or after November 3, 2020, whether by election or appointment, and which lasts
for two (2) years and one (1) day or more. Notwithstanding the foregoing, any person who
resigns their office as a City Council Member shall be deemed to have served a full term of
office regardless of when during their term of office their resignation becomes effective."
Hemet: "During their lifetime no person shall serve, whether by means of election or
appointment, more than three terms of office as a city councilmember, as the treasurer, or as
any other elected city official. This term limit shall be applied separately to each different type
of elected office held."
Indian Wells: "No person shall be eligible for nomination and/or election to the office of
Member of the City Council for more than two (2) four (4) year terms during his or her lifetime,
including, without limitation, terms to which the person was nominated and appointed to office
by the City Council in lieu of a General Municipal Election pursuant to California Elections
Code Section 10229."
Menifee: "Any person who has served two successive terms or eight consecutive years as a
councilmember shall be ineligible to serve again in that office until an intervening period of two
years has elapsed."
Moreno Valley: "Any person who shall have served three successive terms as a member of the
city council shall be ineligible to serve again in the office until an intervening period of two
years has elapsed."
Murrieta: "In order to broaden the opportunities for public service and to assure that elected
officials of government are responsive to the citizens of the government, no elected official of
the City of Murrieta or any other political subdivision of the City of Murrieta shall serve more
than two (2) consecutive terms in office."
Perris: "No person shall be elected or appointed to more than three terms as an elected official
in the City of Perris. For the purposes of calculating the number of terms in the limitation on
terms of office, the terms served by a person elected or appointed to one elected office in the
City of Perris shall not be aggregated with terms served by that person in another elected office
in the City of Perris. For example, a single person may serve three terms as mayor, three terms
as a city council member, and three terms as city clerk."
SUMMARY
As of January 31, 2022, 7 out of 28 cities (25%) in Riverside County have adopted some form of
term limits for City Council members collectively. The method by which the term limits came to
be in each city varies and could include measures initiated by both residents and council
members. It is therefore recommended that the City Council consider the matter of term limits
and, if desired, provide staff general direction regarding the same.
FISCAL IMPACT: None
ATTACHMENTS: None
Item No. 23
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: March 22, 2022
SUBJECT: Community Development Department Monthly Report
RECOMMENDATION: That the City Council receive and file the Community Development
Department monthly report.
The following are the highlights for Community Development for the month of February 2022.
CURRENT PLANNING ACTIVITIES
Planning processed 31 new applications (not including Home Occupations) and conducted three (3) Public
Hearings in February 2022. A detailed account of planning activities is attached to this report.
PlanType
February 2D22
Long Range Project
7
Accessory Dwelling Unit
2
Extension of Time
2
Home Occupation
18
Massage Perrnits
2
Modifications
6
Pre -Application
3
Temporary Use Permit
4
Zoning or Planning Letter
5
Total
49
Everhome Suites (PA21-1350): The City is processing a Development Plan for an approximately 64,500
square foot, four-story, 117 room Everhome Suites Hotel located on the west side of Madison Ave. between
Buecking Dr. and McCabe Ct. (COOPER)
Temecula Village Phase II (PAs 20-0323, 20-0324, 20-0325, 20-0326): The City is processing a
Development Plan for a 134 unit multi -family community built on 7.61 acres; a Tentative Tract Map (TTM
38043) to combine eight (8) existing contiguous parcels into a single parcel; a General Plan Amendment to
amend the underlying General Plan Land Use designation of the project site from Professional Office (PO)
to Medium Density Residential (M); a Planned Development Overlay Amendment for PDO-5, (Temecula
Village). The City is working with a consultant to prepare a fiscal impact analysis and with an environmental
consultant to prepare and environmental document. The project is located on the south side of Rancho
California Road, approximately 150 feet west of Cosmic Drive. (COOPER)
Paseo Del Sol Tentative Tract Map No. 36483 (PA14-0087): The City is processing a Tentative Tract
Map (No. 36483) for 168 single-family homes and 11 open space lots located at the northwest corner of
Temecula Parkway and Butterfield Stage Road. (COOPER)
Solana Winchester (PA20-1371): The City is processing a Development Plan to allow for the construction
of a 350-unit apartment community located within the Residential Overlay Area of Planning Area 12 of the
Harveston Specific Plan at the terminus of Date Street approximately 900 feet south of Ynez Road. The
City is working with a consultant to prepare a fiscal impact analysis. (COOPER)
Sanborn/Jefferson Gas Station (PAs 21-0075, 21-0076): The City is processing a Development Plan and
Conditional Use Permit for an approximately 10,000 square foot gas station consisting of 12 fueling pumps,
convenience store, quick service restaurant, and multi -tenant retail building located at 41480 Sanborn
Avenue. (COOPER)
Winchester Hills Development Agreement Amendment (PA21-0128): The City is processing a Second
Amendment to the Development Agreement by and between the City of Temecula and Lennar Homes, Inc.,
a California Corporation and Winchester Hills I LLC, a California Limited Liability Company to rescind the
First Amendment to the Development Agreement and reinstate the original term of the Development
Agreement for the Winchester Property located within portions of Planning Area 12 of the Harveston
Specific Plan. (COOPER)
Firenze (PA21-1023): The City is processing a Development Plan application for an approximately 498,557
square foot hotel and apartment project. The approximately 148,545 square foot, five story, 224 room hotel
includes a conference center, restaurant, wine market multi -tenant space, and outdoor courtyard dining
space. The approximately 350,012 square foot, seven story, 121 unit apartment building include a roof top
area that contains a pool/spa, cabanas, fire pit, media wall, kitchen, fitness area, and lawn/game area. The
parking for the project is located on the interior of the apartment building that is wrapped with the residential
units. The project is located approximately 665 feet north of Rancho California Road on the east side of
Jefferson Avenue. (COOPER)
Prado (PAs 21-0838, 21-0839): The City is processing Development Plan and Tentative Tract Map
applications for a 237 unit single family residential community built on 27.5 acres consisting of detached
rental condominiums. The project includes a clubhouse, pool, bocce ball court, cornhole court, tot lot
walking paths, and fitness center. The project is located at the terminus of Equity Drive on the west side of
Ynez Road. (COOPER)
MS Mountain View Ph. IV (PAs 21-1470, 21-1471, 21-1472): The City is processing three (3)
Development Plan applications for industrial buildings of 9,867 square feet, 19,727 square feet, and 38,714
square feet located along Avenida Alvarado. The projects are scheduled for Planning Commission on March
16, 2022. (COOPER)
Jefferson/Buecking Apartments (PA21-1454): The City is processing a Development Plan application
for a 260 unit apartment community located on the north and south side of Buecking Drive at the Jefferson
Avenue intersection. (COOPER)
Temecula Valley Hospital Master Plan Update (PA21-1525): The City is processing a Modification to
the previously approved Temecula Valley Hospital Master Plan. The updated Master Plan, at buildout will
include the existing 237,305 square foot hospital building and 5,180 square foot storage building along with
an approximately 130,000 square foot, four story Behavioral Health Building in Phase 2, an approximately
10,000 square foot expansion to the emergency department, a 125,000 square foot, five story second hospital
tower, a 80,000 square foot medical office buildings, and a 14,000 square foot utility plant in Phase 3, and
an approximately 125,000 square foot, five story third hospital tower, a 80,000 square three story foot
medical office building, and a four story parking structure with the existing helipad relocated to the roof of
the structure in Phase 4. The project is located at 31700 Temecula Parkway. A public scoping meeting for
the Subsequent Environmental Impact Report is scheduled for March 23, 2022 at the Ronald H. Roberts
Library. (COOPER)
Temecula Resort and Spa (PAs 22-0035, 22-0037): The City is processing a Development Plan and
Tentative Parcel Map for an approximately 474,137 square foot, seven (7) story, 90-foot high full service
hotel that includes a parking garage, conference facilities/ballrooms, gallery/event space, full service spa,
restaurants, bars/lounges, retail outlets, workout facility, outdoor pool area, and a wedding garden located
on the east side of Front Street between 1 st Street and 2nd Street. (COOPER)
LONG RANGE PLANNING
General Plan Update
The Long Range Planning Division has developed a four -phase, multi -year process to update the General
Plan. Phase I is complete and included updates to Housing and Public Safety Elements. Phase I also
included an update to the City's Traffic Impact Analysis (TIA) Guidelines to analyze Vehicle Miles
Travelled (VMT) for CEQA. Phase II is in process and includes an update to the Quality of Life Master
Plan (QLMP), reconciling the City's GIS Maps on a parcel by parcel basis, a baseline EIR analysis of the
City's Circulation Element, and developing a Complete Streets Policy document. Phase III will include a
Fiscal Land Use Study to analyze the City's remaining development capacity and market absorption
potential for residential, commercial, and industrial development. The final phase is to work with a General
Plan Advisory Committee to update to the General Plan and EIR over an 18-month timeframe. (PETERS)
Quality of Life Master Plan Update
On April 27, 2021, the City Council established a Blue Ribbon Committee (BRC) to update the Quality of
Life Master Plan (QLMP). The QLMP identifies the City's six core values, including: 1) Healthy and Livable
City; 2) Economic Prosperity; 3) Safe and Prepared Community; 4) Sustainable City; 5) Transportation
Mobility and Connectivity; and 6) Accountable and Responsive City Government. Projects and programs
proposed in the City's Annual Operating Budget and Capital Improvements Program must be consistent
with the City's Core Values. Performance measures (indicators) are measured annually to track progress
and the completion of goals and objectives. (PETERS)
Expanded Outdoor Dining and Retail in Old Town: Staff brought this item before City Council on June
8, 2021 for further discussion. The City Council directed staff to extend the temporary program for one year
and develop a permanent outdoor dining program. (PETERS, WATSON)
Permit Ready ADU Program (LR19-1464): The City received an SB 2 Grant from the State Department
of Housing and Community Development (HCD) to prepare, adopt, and implement a Permit Ready
Accessory Dwelling Unit (ADU) program. The ADU program will encourage the construction of ADUs,
offering property owners a selection of pre -approved ADU building plans that can be obtained at the
Community Development Department, free of charge. On September 16, 2020, the RFP closed on
PlanetBids. The City received three detailed proposals from qualified consultants. After detailed review of
all the proposals, staff selected checkerboardSTUDIOS Consultant Firm. On March 18, 2021, staff kicked
off the project with the Consultant and staff from Planning, Building, Public Works, and Fire. This will be
a joined effort between the internal departments and the consultant. Staff is working with the consultant on
the first task (Phase 1: Schematic Design), staff has provided feedback of the Schematic Design taking into
consideration the School District and Development Impact Fee (DIF) fees, and appropriate unit type and
size. On, October 19, 2021, staff presented at the draft site plan and architecture designs to the Southern
Riverside County Association of Realtors (SRCAR). On November 30, 2021, staff held an Open House to
solicit feedback from the professional community (i.e., Engineers, Contractors, Architects, etc.), the meeting
will be open to the public. The next step is for the Consultant to complete the construction drawings to make
available for the public. (RABIDOU)
Transportation Discovery and Existing Conditions Analysis (LR20-1071): The City received an SB 2
Grant from the State Department of Housing and Community Development (HCD) to prepare an internal
document for staff to identify potential transportation focused areas as part of Phase 2 of our General Plan
Update process and timeline. The City has hired Fehr & Peers (F&P) to document existing transportation
conditions in the City, provide benchmarking information on how transportation facilities, transportation
use and policies compares to other peer agencies (through benchmarking) and will evaluate how much of
the current Circulation Element has been implemented. Staff worked with F&P to identify methodology,
thresholds, and mitigation to address VMT for CEQA evaluation, which the City Council adopted in May
2020. On July 19, 2021, Staff has a scheduled internal meeting with Fehr & Peers, they present to staff the
Data Collection Status. Currently, the consultant is developing the three scenario runs to be reviewed by
staff prior to conducting a full model run. (PETERS)
Mobile Food Trucks (LR20-1472): On February 23, 2021, staff presented to the Economic Development
Subcommittee members (ME/JS) on Mobile Food Trucks (MFT). This was a noticed meeting with one
public comment in favor of MFT, read by Stuart Fisk. The intent of the meeting was to get the
subcommittee's feedback on the potential for MFT to operate in the City. Staff presented the definition of
MFTs, existing regulations, standards of operation to consider, and Pros & Cons list. The subcommittee
advised staff to create a framework and come back to the committee for discussion. Staff is working on
developing the framework. (COLLINS)
Waves to Wineries: Staff is working with the National Parks Service on the Waves to Wineries Trail Plan.
The purpose of this plan is to unite Temecula Wine Country with the Pacific Coast by identifying a network
of trails along the Santa Margarita River corridor. (PETERS)
Live Entertainment: Staff is working on an updated live entertainment ordinance. This is a continuation of
quality -of -life improvement ordinances. Outreach to Visit Temecula, the Old Town Temecula Association
(OTTA) and the Temecula Chamber of Commerce occurred in January 2022. The Planning Commission
will consider the item in February 2022. City Council consideration is expected in the first half of 2022.
(JONES)
HOUSING
Las Haciendas Affordable Housing Project: The City is processing a Development Plan for a 77-unit
affordable multi -family housing community consisting of two residential buildings, a community building
and tuck -under parking located at 28715 Las Haciendas. The City Council approved a Loan Agreement with
Community Housing Works (CHW) for the use of affordable housing tax allocation bond proceeds on May
26, 2020. The developer held a virtual community workshop on July 28, 2020. The item was approved by
the Planning Commission on October 7, 2020. An amendment to the Loan Agreement was approved at the
April 27, 2021 City Council meeting. A tax allocation application was forwarded to the state in March, 2021.
The applicant has submitted Building Permits and Grading Permits. CHW was awarded tax credits in June,
2021. The project is ready to issue Building Permits as of January 1, 2022. (RABIDOU, WATSON)
Vine Creek Disposition and Development Agreement (DDA): City Council approved the DDA with
Temecula Pacific Associates on June 25, 2019 for the development of 60 affordable units on City -owned
property on Pujol Street. The developer is looking to secure financing from the State of California prior to
construction. The City and developer will collaborate with the County of Riverside and the State Department
of Housing and Community Development for additional funding opportunities through the Permanent Local
Housing Allocation grant. A tax allocation application was forwarded to the state in March, 2021.
(WATSON)
Housing Element Update (LR18-1620): The City is working with De Novo Planning Group to update the
2021-29 Housing Element. De Novo will also assist with the RHNA process, community engagement, and
CEQA. The current Housing Element was certified by the Department of Housing and Community
Development (HCD) in 2013 and serves as the foundation for the update. The Housing Element is a required
part of the City's General Plan and is a blueprint for meeting the housing needs of residents, at all economic
levels, and addressing segments of the population with special needs. The City Council General Plan Ad
Hoc Subcommittee, consisting of Council Member Edwards and Mayor Rahn, and the Planning Commission
General Plan Ad Hoc Subcommittee, consisting of Commissioners Watts and Turley-Trejo, will serve as
advisory bodies.
Running concurrently with the Housing Element Update is the Regional Housing Needs Assessment
(RHNA). The RHNA planning cycle is an eight -year cycle and covers October 2021 through October 2029.
The Final RHNA allocation was issued in September 2020. Staff is working with the consultant to update
data and write draft chapters. A Housing Workshop was held on August 17, 2021, with approximately 12
attendees. The item was recommended for adoption by the Planning Commission at the September 15, 2021,
Planning Commission meeting. The Riverside County Airport Land Use Commission (ALUC) and
California Board of Forestry and Fire Protection have signed -off on the Housing Element. The item was
approved by the City Council on October 12, 2021. The City Council adopted the revised Housing Element
on February 8, 2022. Staff is waiting for comments from HCD. (RABIDOU, PETERS)
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
Mortgage and Rental Assistance Program (MRAP): This program will provide rental and mortgage
assistance to those eligible recipients who were negatively impacted by COVID-19. Checks are being issued
for eligible recipients. Over $70,000 in funds have been distributed. (RABIDOU, WATSON)
Five Year Consolidated Plan: The City is kicking -off an update to the CDBG Consolidated Plan.
Workshops were held on October 27, 2021. Citizens and other stakeholders attended the meeting and
provided feedback. The survey period concluded in late January 2022. Additional information will be
available at TemeculaCA.gov/CDBG. (RABIDOU, WATSON)
BUILDING & SAFETY
Building and Safety statistics for February 2022 are highlighted in the following table.
Building & Safety Statistics I February 2022 1
Permits
335
New Single Family Units
17
New Commercial Building
1
Photovoltaic
80
Tenant Improvements
12
Non Construction C of 0
29
Number of Active Plan Checks
1008
Number of New Plan ChecksF2626
163
Number of Finaled Permits268
Inspections
Inspections Per Day
1.38.21.
Inspections Per Perna
.55
Stops Per Month
9W
M!
Visitors to Counter
953
New Construction Projects Currently in Plan Check
• Truax Hotel (161,586 SF)
• Parking Structure on 3rd Street (48,907 SF)
• Town Square Market Place (two buildings at 43,640 SF each)
• Generations at Linfield - memory care/assisted living (59 apartments and 32 condos)
• Hotel (38,202 SF) on Jefferson and Winchester
• Temecula Hyundai Service Building (5,753 SF)
• New Industrial Building (32,792 SF)
• New Margarita Recreation Center (8,161 SF)
Non -Construction Certificate of Occupancy
• Pacific Lending, 41689 Enterprise Cir North (4390 SF)
• Maaco Auto Body & Paint, 27561 Commerce Center Dr. (10,000 SF)
Tenant Improvement
• Sketchers, 26415 Ynez Rd, (10,723 SF)
• Hendo's Brewing & Spirits, 27901 Jefferson Ave (9,228 SF)
CODE ENFORCEMENT
During the month February, Code Enforcement responded to 622 web inquiries. In addition, the division
opened 92 code cases, conducted 123 regular inspections and 245weed abatement inspections, and
forwarded 12 referrals.
Type of Code Case
February
Abandoned or Inoperable Vehicle
1
Vacant Home / Prop. Maintenance {Infestation/ Mold
0
Business or Home Occupation w/o license/CUP
6
Trash and Debris / Dumping
22
Overgrown Vegetation / Weeds / Fire Hazard
2
Green Pool / Vector Control / Stagnant Water
Graffiti
14
Noise/Nuisance/Animal Control
Trailer / RV Stared/Boat/Parking
5
Construction w/o Permit/Building Code
Encroach Public ROW / Trash Cans
a
Zoning/Signs
Public Safety & Health
0
Total Number of Cases
76
Foreclosure Tracking: Code Enforcement works with the local real estate community to monitor
foreclosures, defaults and real estate owned properties.
Foreclosure Tracking
February 2022
Residential - Default
6
Residential - Foreclosu
0
Residential - REO
0
Total - Residential
6
Commercial - Default
0
Commercial - Foreclosure
0
Commercial - RED
0
Total - Commercial
0
ATTACHMENT: Current Planning Activity Report
PLANNING ACTIVITY REPORT
Assigned Planner Approval
PA Number Project Address APN Apply Date Date
Applicant Company Owner Plan Type Status
PA22-0149 41875 Yorba Ave 922-180-007 Jaime Cardenas 02/01/2022
Patrick Dibble Patrick Dibble PL Accessory Plan Review
Temecula, CA 92592
Dwelling Unit
Case Title / Description: Dibble ADU: an Accessory Dwelling Unit application to convert an existing guest
house into an ADU and to add 550 square feet of the existing structure located at 41875 Yorba Avenue.
PA22-0166 28225 Heirloom Dr 916-400-035 Scott Cooper 02/04/2022 02/04/2022
Efrem Joelson Meritage Homes PL Modifications Approved
Temecula, CA 92591
of California, Inc.
Case Title / Description: Heirloom Farms Garage & Wall MOD: A Modification (Planning Review Only) to
a previously approved Development Plan (PA18-0661) to reduce the minimum patio wall height from T-6" to
T-0" and change the brand of garage doors for the Heirloom Farms project located on the southwest corner of
Date Street and Ynez Road.
PA22-0172 27390 Jefferson Ave 910-282-002 Scott Cooper 02/07/2022
Firas Jamal AYANNA PL Extension of Plan Review
Temecula, CA 92590
Time
Case Title / Description: Jefferson/Winchester Hotel EOT (DP): The first Extension of Time application for a
previously approved Development Plan (PA17-1315) for an approximately 38,203 square foot, three-story , 61
room hotel over enclosed podium parking located behind the existing Rancho Car Wash on the corner of
Jefferson Avenue and Winchester Road at APN 910-282-002
PA22-0173 30520 Rancho California Rd 921-700-011 Jaime Cardenas 02/07/2022
Sylvia Sylvia PK I PALOMAR PL Massage Plan Review
Temecula, CA 92591
Salazar-Renfroe Salazar-Renfroe VILLAGE Permits
Case Title / Description: Sylvia Salazar-Renfroe MEP:a Massage Establishment Permit renewal for Sylvia
Salazar-Renfroe subletting a room within Above & Beyond Beauty located at 30520 Rancho California Road,
Unit 108.
PA22-0179 26201 Ynez Rd 910-281-001 Jaime Cardenas 02/07/2022
Keven Lunsford PL Zoning or Plan Review
Temecula, CA 92591
Planning Letter
Case Title / Description: 26201 Ynez Road ZL: a zoning verification letter for the property located at 26201
Ynez Road (APN 910-281-001).
PA22-0180 42259 Rio Nedo 909-253-017 Jaime Cardenas 02/07/2022 02/25/2022
Keven Lunsford PL Zoning or Completed
Temecula, CA 92590
Planning Letter
Case Title / Description: 42259 Rio Nedo ZL: a zoning verification letter for a property located at 42259 Rio
Nedo (APN 909-253-017).
Page 1 of 4
Assigned Planner Approval
PA Number Project Address APN Apply Date Date
Applicant Company
Owner
Plan Type Status
PA22-0191 31781 Temecula Pky 961-080-021 Jaime Cardenas 02/08/2022
Andrew Younger
New Plan Excel
PL Modifications Plan Review
Temecula, CA 92592
Realty Trust Inc.
Case Title / Description: Steinmart Facade MOD: a modification application to demise into two for future
tenants. Exterior work includes new entryways, fenestration and the incorporation of new architectural
elements of the former Steinmart located at 31781 Temecula Parkway.
PA22-0194 32475 Temecula Pky 960-020-059 Jaime Cardenas 02/09/2022
David Nichols
SWANGER
PL Temporary Plan Review
Temecula, CA 92592
FAMILY
Use Permit
Case Title / Description: Killarney's St. Patrick's Day Festival: A Temporary Use Permit to allow for a St.
Patrick's Day event at an existing restaurant on March 17, 2022 from 11:00 AM to 12:00 AM (live music ending
at 10:00 PM). The project is located at 32475 Temecula Parkway.
PA22-0197 28225 Heirloom Dr 916-400-035 Scott Cooper 02/10/2022
Nick Harris
Meritage Homes
PL Temporary Plan Review
Temecula, CA 92591
of California, Inc.
Use Permit
Case Title / Description: Heirloom Farm Sales Trailer TUP: A Temporary Use Permit for a Temporary
Sales Trailer located onsite for Heirloom Farms until the sales office is opened.
PA22-0199 44280 Campanula Way 959-090-011 Jaime Cardenas 02/14/2022
Heather Dawson
Thomas Jurbala
PL Zoning or Plan Review
Temecula, CA 92592
Planning Letter
Case Title / Description: Temecula Healthcare Center ZL: a zoning verification letter for the medical office
building located at 44280 Campanula Way.
PA22-0200 916-400-043 Scott Cooper 02/14/2022
Michael Grant
Lantern Crest @
PL Extension of Plan Review
CA
Temecula
Time
Case Title / Description: Lantern Crest EOT (MOD): The first Extension of Time application for a
previously approved Development Plan (PA17-0328) and Modification (PA19-1452) for an approximately
526,762 square foot, four-story, 494 unit, independent and assisted living community located at the southeast
corner of Date Street and Ynez Road
PA22-0214 28225 Heirloom Dr 916-400-035 Scott Cooper 02/18/2022
Nick Harris
Meritage Homes
PL Modifications Plan Review
Temecula, CA 92591
of California, Inc.
Case Title / Description: Heirloom Farms MHC MOD: A Modification (Planning Review Only) to revise the
elevation types on Buildings 30 & 118 of the Model Home Complex for Heirloom Farms
PA22-0221 30168 Pechanga Dr 922-331-029 Jaime Cardenas 02/23/2022 Mario Cuin
Temecula, CA 92592
Case Title / Description: Cuin Kitchen Expansion MOD: a Modification Application for a proposed 114
square -foot kitchen expansion at the rear of the existing single-family home located at 30168 Pechanga Drive.
PL Modifications Plan Review
Page 2 of 4
Assigned Planner Approval
PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status
PA22-0222 28715 Las Haciendas St 921-050-016 02/23/2022 Damion Croston PL Temporary Plan Review
Temecula, CA 92590 Use Permit
Case Title / Description: Las Haciendas Construction Trailer TUP: A Temporary Use Permit for a temporary
construction trailer located at the Las Haciendas project located at 28715 Las Haciendas Street
PA22-0224 43567 Ventana St 944-330-007 Scott Cooper 02/24/2022
Joe Pacheco
Ynez Road
PL Temporary
Plan Review
Temecula, CA 92592
Housing Partners Use Permit
LP
Case Title / Description: Rancho Las Bolsas Construction Trailer TUP: A Temporary Use Permit to allow
for a temporary construction trailer on site throughout the construction of Rancho Las Bolsas
PA22-0228 31208 Camino Del Este 953-041-031 Jaime Cardenas 02/24/2022
PL Modifications
Plan Review
Temecula, CA 92591
Case Title / Description: Pedrotti Addition: a 170 square foot addition to the existing single-family home
located at 31208 Camino Del Este.
PA22-0230 32965 Temecula Pky 960-030-025 Jaime Cardenas 02/24/2022
Bahea Bratcher
Jerry Swanger
PL Zoning or
Plan Review
Temecula, CA 92592
Planning Letter
Case Title / Description: Butterfield Station ZL: a zoning letter for the properties associated with the
Assessor Parcel Numbers 960-030-025, 960-030-035, 960-030-040, 960-030-041, 960-030-042,
960-030-043.
PA22-0231 40458 Winchester Rd 910-470-003 02/24/2022
Adele Brecht
Inland Western
PL Modifications
Plan Review
Temecula, CA 92591
Temecula
Commons LLC
Case Title / Description: Organic Roots Outdoor Patio MOD: a Modification Application for the construction
of an outdoor patio and dining area in front of the existing Organic Roots Grocery located at 40458 Winchester
Road.
PA22-0238 42234 Agena St 944-273-002 Jaime Cardenas 02/25/2022
Myriam
PL Accessory
Plan Review
Temecula, CA 92592
Cespedes
Dwelling Unit
Case Title / Description: Cambronero ADU: An Accessory Dwelling Unit Application for a proposed 975
square -foot detached ADU at the rear of the existing single family home and a new attached garage to the
primary residence of the property located at 42234 Agena Street.
PA22-0239 42217 Rio Nedo 909-253-006 Jaime Cardenas 02/25/2022
Samuel Broyles
Continental
PL Zoning or
Plan Review
Temecula, CA 92590
Commercial
Planning Letter
Case Title / Description: 42217 Rio Nedo ZL: a zoning verification letter for the property located at 42217
Rio Nedo (APN 909-253-006).
Page 3 of 4
Assigned Planner Approval
PA Number Project Address APN Apply Date Date
Applicant
Company Owner Plan Type
Status
PA22-0240 29379 Rancho California Rd 944-290-004 Jaime Cardenas 02/25/2022
Alannah
PL Massage
Plan Review
Temecula, CA 92592
Tromczynski
Permits
Case Title / Description: Shakti Shack 11:11 MEP: a Massage Establishment Permit application to renew
the application for Shakti Shack 11:11 located at 29379 Rancho California, Suite 206.
PA22-0251 28225 Heirloom Dr 916-400-035 Scott Cooper 02/28/2022 02/28/2022
Nick Harris
Meritage Homes PL Modifications
Approved
Temecula, CA 92591
of California, Inc.
Case Title / Description: Heirloom Farms Plotting MOD: A Modification (Planning Review Only) to an
approved Development Plan (PA18-0661) to revise the Elevation and Color Assignments sheet to reconfigure
the motor court plotting and show the 3-story townhomes along Temecula Center Drive as enhanced
elevations.
PREAPP22-0 910-272-019 Scott Cooper 02/01/2022 02/08/2022
Adam Covington
Greystar Hoff Investments PL
Completed
184 CA
Pre -Application
Case Title / Description: Jefferson/Buecking Apartments SB330 Pre-App: A Pre -Application for SB330 for
the Jefferson/Buecking Apartments project located on the north and south side of Buecking Drive at the
Jefferson Avenue intersection
PREAPP22-0 964-770-011 Scott Cooper 02/24/2022
Dena Upp
escrow acct WOODSIDE 05S PL
Plan Review
223 Temecula, CA 92591
5074 authorized Pre -Application
user
Case Title / Description: Sommers Bend PAs 19, 20B, & 21 HPR Pre-App: A Pre -Application for Shawood
Home Product Review for Sommers Bend Planning Areas 19, 20B, & 21
PREAPP22-0 961-410-008 Jaime Cardenas 02/24/2022
Crystal Cardona
PL
Plan Review
237 CA
Pre -Application
Case Title / Description: Tony's Car Wash: a second pre -application meeting for a proposed car wash and
polishing tunnel at the property located with assessor's parcel number 961-410-008.
Page 4 of 4
Item No. 24
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: John Crater, Division Chief
DATE: March 22, 2022
SUBJECT: Fire Department Monthly Report
PREPARED BY:
RECOMMENDATION:
Report
Wendy Miller, Management Analyst
That the City Council receive and file the Fire Department Monthly
City of Temecula Fire Department
Temecula Fire Department Service Calls
February 2022
of TEA14
�
Commercial Fire
False Alarms
-.
Haz Mat
Medical
1989
O740ft
Multi-Fam
1
0 NEW p4'
Other Fire
star '
Other Misc
Public Assist
Residential Fire
Rescue
tiog
law 1
Ringing Alarm
Standby
1h
Traffic Collision
WildlandNehicle Fire
Total
o-
s •w •
76 '
569 • •.. ,�
2
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,-.
78
5 A,Q
795
City of Temecula Fire Department
Temecula Fire Department
Plan Review and Inspections
0f TEAJtC, February 2022
Plan Review and Inspections February Year to Date
.� Plan Review 426 961
1989 �� Construction Inspections 468 742
NEW pVVO Annual Inspections 675 969
Counter/Public Inquiries 29 61
��,�� COIINTp
Ilk
4..
--
Item No . 25
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer
DATE: March 22, 2022
SUBJECT: Public Works Department Monthly Report
RECOMMENDATION: Receive and file the Public Works Department Monthly Report for
Capital Improvement Projects, Maintenance Projects, and Land Development Projects. This report
may also be viewed on the City's website at:
hlt2://temeculaca.gov/270/Cqpital-improvement-Projects-CIP
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
March 22, 2022
CAPITAL IMPROVEMENT PROJECTS
CIRCULATION PROJECTS
Cherry Street Extension & Murrieta Creek Low -Flow Crossing, PW19-15
Description: Preliminary design of the Extension of Cherry Street from Adams Avenue to Diaz Road, including a new
low -flow crossing of Murrieta Creek.
Cost: $2,387,000
Status: In design until April 2022. Hydraulic, geotechnical, traffic and biological reports are complete. Preliminary
design is under review.
Diaz Road Expansion, PW17-25
Description Improve Diaz Road to meet the roadway classification of Major Arterial (4 Lanes Divided), between Cherry
Street and Rancho California Road. The 2.2-mile stretch will be widened, extended, and/or improved to
create a contiguous Major Arterial segment. The project will be developed and constructed in two phases.
Phase 1 will include improvements on Diaz Road from Winchester Road to Rancho California Road. Phase
2 will include improvements on Diaz Road from Cherry Street to Winchester Road.
Cost: $11,457,436
Status: Phase 1 design and Phase 1 & 2 environmental studies November 2019 — October 2022. Current activities
include consultant preparation of 90% PS&E, public circulation of environmental document, coordination
with utility companies, and initiating applications for regulatory permitting.
French Valley Parkway/Interstate 15 Improvements- Phase II, PW16-01
Description: Design and construction of the two-lane northbound collector/distributer road system beginning north of the
Winchester Road interchange on -ramps and ending just north of the Interstate 15/Interstate 215 junction
with connection to Interstate 15 and Interstate 215.
Cost: $137,356,246
Status: Currently in design. Environmental revalidation is complete. Right of way acquisition process is well
underway.
1
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
March 22, 2022
CIRCULATION PROJECTS (Continued)
1-15 Congestion Relief, PW19-02
Description Design and construction of a single auxiliary lane, northbound Interstate 15 connecting the Temecula
Parkway on -ramp to the Rancho California Road off -ramp.
Cost: $8,382,225
Status: Design and environmental studies November 2019 — September 2022. Current activities include City
revision of 95% Roadway and Structures PSE, Storm Water Data Report, Drainage Report, and Permit
Engineering Evaluation Report and continued coordination with Caltrans on development of the Draft
Environmental Document.
Interstate-15 / State Route 79 South Ultimate Interchange, PW04-08
Description Construction of ramp system that will improve access to Interstate 15 from Temecula Parkway / State Route
79 South.
Cost: $52,025,657
Status: Per a 3-year Landscape Maintenance Agreement with Caltrans, the City will maintain the interchange site
from June 30, 2020 through June 30, 2023. The City is working with Caltrans on the relinquishment of the
interchange right-of-way to the State inventory.
Murrieta Creek Bridge at Overland Drive, PW16-05
Description: Design and construction of a new bridge crossing over Murrieta Creek between Rancho California Road
and Winchester Road.
Cost: $14,307,394
Status: The City applied and was approved to receive Federal Highway Bridge Program (HBP) funds. City Council
approved the design agreement with CNS Engineers Inc. at the March 12, 2019 meeting. Preliminary
Environmental Study (PES) approved by Caltrans on August 15, 2019. Plans are 30% complete. RCA
provided comments to the JPR application on 7/30/2020. NEPA approval is anticipated in Q1 of 2022,
Caltrans review time has been longer than anticipated. Biological monitoring in Temecula Creek for
potential mitigation site is complete as of July 2021. CEQA is pending results of Temecula Creek monitoring
and review by RCA. Staff continues to work with Caltrans to advance HBP Grant Funds to earlier fiscal
years. Caltrans HBP Program management has proposed reducing the curb to curb width of the bridge
that is considered "participating" for grant funding purposes. Staff will address this with Caltrans HBP
Program as the bridge width is the same as original approved grant application.
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
March 22, 2022
CIRCULATION PROJECTS (Continued)
Overland Drive Widening, PW 20-11
Description This project includes widening Overland Drive from Jefferson Avenue to Commerce Center Drive, to two
lanes in each direction, and the completion of missing segments of sidewalk, streetlights, and installation
of the traffic signal at Commerce Center Drive and the modification of the traffic signal at Jefferson Avenue.
Cost: $1,340,400
Status: Design is at 60%.
Traffic Signal Installation — Citywide, Rancho California Road and Tee Drive, PW19-19
Description: This project includes the installation of a traffic signal on Rancho California Road at Tee Drive.
Cost: $346,646.50
Status: Project is currently in design.
Traffic Signal and Park & Ride Access Improvements, PW18-11
Description: This project includes the installation of a traffic signal on Temecula Parkway at Wabash Lane. The project
also includes relocating the access to the Park and Ride facility on Temecula Parkway at La Paz Road from
Vallejo Avenue to Wabash Lane.
Cost: $1,347,674
Status: City Council awarded the construction contract at the meeting on May 25, 2021. Construction started June
21, 2021. Construction completion is anticipated in May of 2022.
3
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
March 22, 2022
INFRASTRUCTURE PROJECTS
Bike and Trail Program — Great Oak Trail Lighting
Description: Project includes the installation of solar lights along the Great Oak Trail adjacent to the northeast side of
Pechanga Parkway from Deer Hollow Way to Loma Linda Road.
Cost: $400,000
Status: Project is currently in design.
Citywide Drainage Master Plan
Description: Project will prepare a report that shows all drainage courses within the City. Also includes a master
hydrology study showing the anticipated storm flows at build -out.
Cost: $600,000
Status: In scope discussion with the chosen consultant.
Community Recreation Center (CRC) Renovations, PW19-07
Description: The project facilitates the rehabilitation, improvement, and reconfiguration of the Community Recreation
Center. This project includes expansion and reconfiguration of teen center; conversion of office space to
accommodate a dedicated police substation; renovation of key components of the building including safety
features, flooring, roof, and restroom facility access; ADA compliance; renovation and expansion of existing
office space and rec rooms including AV upgrades; expanded storage space and upgraded kitchen
equipment.
Cost: $5,000,000
Status: Phase 1 design. Reviewed 100% plans.
Interstate 15 / State Route 79 South Interchange Enhanced Landscaping, PW17-19
Description: Landscape beautification of the Interstate 15 corridor between French Valley Parkway and Temecula
Parkway, including each interchange, in association with Visit Temecula Valley and the Pechanga Tribe.
This project includes the design and construction of enhanced landscaping, hardscape, and irrigation
between the freeway and ramps on the west side of the Interstate 15 / State Route 79S (Temecula Parkway)
interchange.
Cost: $3,533,483
Status: Design and environmental studies August 2019 — June 2022. Environmental revalidation completed
October 2020. Current activities include 90% design plans, design of new power and irrigation water
service, and Design Engineering Evaluation Report.
4
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
March 22, 2022
INFRASTRUCTURE PROJECTS (Continued)
Margarita Recreation Center, PW17-21
Description: Demolition and Reconstruction of New Margarita Recreation Center Building and Pool
Cost: $10,656,507.91
Status: RFP responses were received on August 27, 2020. The project was re -advertised on November 25, 2020
to account for increased project budget and proposals were received on December 23, 2020. The Design -
Build Contract was awarded at the March 9, 2021 City Council Meeting to De La Secura Builders, Inc., for
a Guaranteed Maximum Price of $8,680,459.00. Design phase is well underway. The second building
plan review was completed on January 25, 2022 and the Design Builder is working to address comments.
The existing MRC building was vacated by City Staff and all salvageable equipment removed on January
28, 2022. The Fire Department used the existing building for training the week of February 7, 2022. The
demolition of the existing MRC building started on February 14, 2022. Major demolition activities should
commence mid -March. City Groundbreaking event scheduled for March 31, 2022. It is anticipated building
construction will be complete in January or February of 2023 with a grand opening in Spring 2023.
Mary Phillips Senior Center Enhancement and Renovation, PW20-13
Description: The project includes the enhancement and renovation of the Mary Phillips Senior Center. Work includes
new exterior siding, painting, replacement of perimeter soffits, fascia boards, eaves, and select doors &
windows.
Cost: $1,000,000
Status: In design. Reviewed 90% plans.
Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect, PW08-04
Description: Design, environmental document, and construction of the extension of the existing trail from Ynez Road to
the Murrieta Creek Trail. The extension includes access and under -crossing at Ynez Road, Interstate 15
and Jefferson Avenue and a continuous paved trail along Santa Gertrudis Creek to connect to Murrieta
Creek trail.
Cost: $6,288,595
Status: The California Transportation Commission (CTC) has approved $3,759,000 State SB1 Alternative
Transportation Program (ATP) Augmentation funds for this project. The Notice to Proceed for construction
was issued to the contractor with a work start date of April 19, 2021. Groundbreaking event occurred on
May 4, 2021. Jefferson undercrossing section is complete. Asphalt paving between Jefferson and
Winchester near Diaz is complete. Walls for Ynez undercrossing section is complete. Tieback wall section
under 1-15 section is 95% complete. Contractor is currently working on lower wall section of 1-15.Completion
is anticipated in May/June of 2022.
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
March 22, 2022
INFRASTRUCTURE PROJECTS (Continued)
Santa Gertrudis Creek Phase II — Margarita Under -Crossing, PW19-04
Description: Design, environmental document, and construction of the undercrossing in Santa Gertrudis Creek at
Margarita Road to connect to the pedestrian/bicycle trail. The under -crossing at Margarita Road will provide
a continuous paved trail along Santa Gertrudis Creek at this location.
Cost: $2,716,764
Status: The project is in design. 100% Plans, Specifications, and Estimate (PSE) expected in April 2022.
Sidewalks — Citywide (Ynez Road, Rancho Highland to Tierra Vista Road), PW17-28
Description: New sidewalks on the west side of Ynez Road from Rancho Highland to Tierra Vista Road.
Cost: $198,920
Status: Project is currently in design.
Sidewalks — DLR Drive, PW19-18
Description: New sidewalks on the north and west side of DLR Drive.
Cost: $442,077
Status: Design is complete. Construction plans and specifications are being finalized. City approval of plans and
authorization to solicit construction bids is scheduled for the March 22, 2022 city Council meeting.
Sidewalks — Citywide (Pauba Road, Elinda Road to Showalter Road), PW 19-20
Description: New sidewalks and street widening on the South side of Pauba Road from Elinda Road to Showalter Road.
Cost: $467,403
Status: Project is currently in design.
N.
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
March 22, 2022
INFRASTRUCTURE PROJECTS (Continued)
Sidewalks — Old Town Improvements (Fifth Street from Front Street to Murrieta Creek),
PW20-02
Description: Curb and sidewalk improvements on the north side Fifth Street, between Front Street and Murrieta Creek.
Improvements include grind/overlay of entire street, tree grates, bollards, streetlights.
Cost: $159,267.30
Status: Construction is complete.
Citywide —Slurry Seal, PW21-01
Description: Construction involves roadway preparation by removal of existing striping and pavement markings, cleaning
the roadway surface and sealing cracks. This is followed by application of slurry seal and subsequent
restoration of striping and pavement markings. The project consists of slurry sealing over 7 million square
feet of residential roadway throughout Temecula
Cost: $1,546,980.04
Status: Project is complete, Scheduled for the NOC on the March 22, 2022 City Council Meeting.
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
March 22, 2022
PARKS AND RECREATION PROJECTS
Flood Control Channel Reconstruction and Repair, PW11-10
Description: This project repairs and reinforces the earth and berms between Pala Park and Temecula Creek and
fortifies the banks to prevent further erosion into the park site.
Cost: $1,280,284
Status: The environmental document, CEQA IS/MND, was approved at the July 27, 2021 Council Meeting. Project
was advertised for bids between September 9, 2021 and October 7, 2021. Bids were opened on
10/07/2021. Construction contract was awarded at the 10/26/2021 City Council meeting. Wall construction
is complete and backfilled. Remaining work is mostly surface restoration, sidewalk construction, planting,
and irrigation. Completion anticipated by March 18, 2022.
Park Restroom Renovations, Expansion and Americans with Disabilities Act (ADA), PW17-06
Description: Renovation of various park site restroom facilities, including Ronald Reagan Sports Park North/South Ball
Field (new roof, cabinets, fixtures, and other building improvements), Butterfield Stage Park and Vail Ranch
Park.
Cost: $1,127,800
Status: Project is currently in design.
Playground Equipment Enhancement and Safety Surfacing
Description: Re -design, enhancement of playground equipment, and safety surfacing to comply with current state and
federal regulations and enhance the quality of the parks.
Cost: $800,000
Status: An RFP is being prepared for the design, purchase & installation for three playground project sites —
Redhawk Community Park, Long Canyon Creek Park & Temecula Creek Park.
Ronald Reagan Sports Park Restroom Expansion and Renovation, PW18-03
Description: Design and construction of a new restroom building, including additional stalls and urinals, a large snack
bar and a dedicated storage case.
Cost: $1,120,000
Status: Project was advertised and construction bids were opened on March 3, 2022. The construction contract is
scheduled to be awarded at the April 12, 2022, City Council meeting. Construction is anticipated in Spring
2022.
8
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
March 22, 2022
LAND DEVELOPMENT OVERSIGHT PROJECTS
American Tire Depot
Description: A 7,303 square foot building to be used for tire retail and repair, as well as minor auto repair services,
located at the southwest corner of Ynez Road and DLR Drive.
Status: Parking lot has been paved.
Arrive @ Rancho Highlands
Description: A 270-unit multi -family community built on 12.32 acres that includes 55 affordable units. The project is
located adjacent to the Temecula Duck Pond approximately 775 feet southeast of Rancho California Road
on the north side of Ynez Road.
Status: Grading and onsite storm drain permits were issued in October 2021. Grading and onsite storm drain
construction has commenced. Overflow parking lot has been paved.
Better Buzz
Description: Demolition of 445 square feet of an existing commercial building (former Corner Bakery), the addition of a
drive-thru, the addition of tower with trellis, and changes to the elevations of the existing building located at
32435 Temecula Parkway
Status: Precise grading permit has been issued. Grading and construction has commenced and is ongoing.
Chick-fil-a
Description: Existing fast-food restaurant to reconfigure the existing drive-thru, relocate an existing trash enclosure and
add square footage and landscaping.
Status: Precise grading permit was issued January 13, 2022. Grading and construction has commenced and is
ongoing.
E
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
March 22, 2022
LAND DEVELOPMENT OVERSIGHT PROJECTS (Continued)
Heirloom Farms
Description: A Development Plan for a 321-unit single family residential community built on 27.86 acres consisting of
detached homes and attached townhomes located on the southwest corner of Date Street and Ynez Road.
Includes the installation of a new Traffic Signal at the intersection of Ynez Rod and Waverly Lane/Temecula
Center Drive
Status: Rough grading permit has been issued in July 2021, the offsite and private onsite street and storm drain
improvements permits were issued in October 2021 and the traffic signal permit was issued in September
2021. Grading, street, and storm drain improvements and the traffic signal installation has commenced.
Precise Grading plans are currently being reviewed.
Las Haciendas Apartments
Description: A Development Plan to construct a 77-unit affordable housing project located at 28715 Las Haciendas
Street in Uptown Temecula
Status: Precise grading permit was issued in December 2021. Grading has commenced in January 2022 and is
ongoing.
Mountain View
Description: Thirteen industrial buildings on Avenida Alvarado
Status: Eight precise grading permits have been issued and construction has commenced. Improvements on
Avenida Alvarado, along with street light installations is in process. Onsite storm drain installation has
commenced.
Solana Assisted Living
Description: A 90,000 square foot, two-story, Senior Assisted Living Facility located on the southeast corner of the
Margarita Road and Solana Way.
Status: A rough grading permit was issued in January 2022. Grading began on February 7, 2022. Street
improvements and precise grading plans have been submitted for review.
10
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
March 22, 2022
LAND DEVELOPMENT OVERSIGHT PROJECTS (Continued)
Sommers Bend
Description: Land Development has provided oversight of the following submittals for plan check and inspections: final
maps, Community Sports Park and recreation lots, precise grading; street and storm drain improvements;
traffic signals; street lighting; and signing & striping.
Status: The mass grading permit was issued in September 2018. Sommers Bend has been paved with streetlights
installed. The community sports park, Ranch at Sommers Bend, construction is complete and has been
accepted at the February 8, 2022 Council Meeting with its Ribbon Cutting ceremony scheduled for February
12, 2022. The Sommers Bend recreation center construction is complete. Bond release for Long Valley
Wash in process. Installation of streets, storm drains and streetlights on east end of project is in process.
Grading has been completed in the Density Core, currently installing sewer. Installation of Santa Gertrudis
Creek Channel improvements northwest end of project is in process.
11
REQUESTS TO SPEAK
AND ELECTRONIC
COMMENTS SUBMITTED
FOR THE RECORD
REQUEST TO SPEAK
CITY OF TEMECULA
L
t'� t
ublic Comm nt: on -Agenda Item: Agenda Item:
Agenda Item No. For ❑ Against ❑
Date: 03 ZZ ZoZZ
Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City
Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business
items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council
addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name
for the record.
Name: 1 &' 1(f Phone Number:
Address:
Email address:
a—
If you are representing an organization or group, please give the name:
Please note that all information presented at a City Council meeting becomes public record.
All information provided is optional.
REQUEST TO SPEAK
CITY OF TEMECULA
Public Comment: Non -Agenda Item: Agenda Item:
Agenda Item No. For U AgainstEl
Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City
Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business
items on the Agenda, a Request to Speak form may be submitted to the City Clerk rp for to the City Council
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From: Randi Johl
Randi Johl
Wednesday, March 23, 2022 12:32 PM
Erika Ramirez
FW: Public Comments to Project LR21-1017
Public Comment- Project LR21-1017.pdf
Sent: Tuesday, March 22, 2022 8:38 AM
To: '
Subject: FW: Public Comments to Project LR21-1017
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Randi Johl, JD, MMC, CDE
Legislative Director / City Clerk
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41000 Main St, Temecula, CA 92590
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From: Robert Danko <
Sent: Monday, March 21, 2022 4:24 PM
To: Council Comments<CouncilComments@TemeculaCA.eov>
Cc: Ken Danko <
Subject: Public Comments to Project LR21-1017
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Please accept the herein enclosed comments to be read at the Public Hearing on March 22, 2022.
Thank you.
Robert J. Danko
Owner- Devilicious Eatery
City Staff and Council Members:
As a long time resident of Temecula and a Restaurant owner in Old Town, I want to express my
general support for the proposed Entertainment Licenses and the amendments to the
Temecula Municipal Code as described in the Planning Staff Report. There are a few
clarifications that I would like to propose for the Council's consideration.
Permitted Entertainment Hours of Operation. The clear distinction between Class I
and Class 11 appears to focus on offering of alcoholic beverages whether beer, wine or
distilled spirits. Whereas the distinction between Class II and Class III is the addition of
Dancing as a form of entertainment.
I would suggest the Council consider the hours of entertainment for all Classes of
Entertainment be consistent to end at 10:00 p.m. on Sunday through Thursday and
11:59 p.m. on Fridays and Saturdays. All current businesses should be required to
obtain and comply with the Entertainment license restrictions, as this runs independent
of the operational hours dictated by the CUP.
As proposed, the application of the Entertainment License would not affect a business
with "dancing" specifically allowed per its CUP, while greatly affecting all other
businesses with "non -dancing" types of entertainment such as live music. A current
restaurant with a dance floor would be able to remain actively open until 2:00 am if
currently allowed under a CUP, while all other restaurants with live music would be
required to end the entertainment at 9:00 pm or 10:00 pm thus effectively shortening
the hours of operation. This would have a significant economic impact on all but a few
businesses in Old Town, without targeting the public safety concerns outlined in the
Staff Report. Effectively, all Class II businesses would need to comply and all current
Class III businesses would continue to create the problems of overcrowding, and
excessive noise until 2:00 a.m. that the amendments intend to address by the proposed
changes. Consistent application is fair treatment for all.
2. All Current Businesses offering Entertainment and Alcohol Should Be Required to
Obtain the New Entertainment License.
The purpose of a CUP is to allow some flexibility in permitted uses of land that might
otherwise be prohibited based on zoning ordinances. As stated in the Staff Report,
CUP's are independent of the Entertainment License. However, it is clear to anyone
who has been in Old Town on most weekends that Front Street shows its Mr. Hyde
personality on Friday and Saturday nights, particularly after midnight. This will not
change unless the proposed ordinance is applied to all current and future businesses.
Through a simple administrative procedure, all businesses can be defined and regulated
under consistent rules. The CUP process involves public notice and public hearings and
is necessary to make sure the business is operating consistent with the master plan.
Problems arise when a new business changes the nature of its operations, or a new
owner assumes the lease on the property and introduces a new concept that is
materially different from what was initially presented under the application for a CUP.
In the example cited in the Staff Report a coffee shop sells to new owner who decides to
add music and serve wine thus changing the impact on the city without oversight.
While adding wine has some checks and balance since there would be posting of intent
to serve alcohol and hopefully a public hearing.
The real life example of Tabu Sushi reveals a gaping hole in the oversight by the City.
Tabu was a family friendly sushi restaurant that sold its lease and liquor license to a
business that represented they would be operating a "Supper Club". No application to
amend the existing CUP was filed as it appeared to the Planning Department that the
location would be just another family restaurant serving beer wine and cocktails.
However, prior to opening for business, the concept was changed into a 21+ nightclub
without any application to the City. This type of change in concept should require
notification and public hearings on the impact to the surrounding area. At a minimum,
if all businesses are required to obtain an Entertainment License annually regardless of
whether it is unchanged, sold or just rebranded, the City would receive advance notice
through the License process and not get lost in the vague language of the CUP. All
business would be under the same standards.
3. Conclusion
I commend the City for addressing an issue that has been brewing for a while. As a
business owner in Temecula I am aware that we all needed to adapt to the new
challenges due to the Pandemic. I am grateful for the assistance the City provided to
the high impact areas such as Old Town. As a long-time resident of Temecula I have
seen this side of town change from primarily Antique Shops to a fun family friendly
destination with unique restaurants, wine tasting and micro -breweries. Lately I have
seen a trend where people are no longer coming to Old Town for family outings due to
the rough and edgy changes brought about by bars operating over -capacity, lines out
the doors and spilling onto the sidewalks, and loud music permeating other businesses
and residences.
I thank the Council members and City Staff for allowing my voice to be heard.
Sincerely,
Robert Danko
Owner Devilicious Eatery