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04122022 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II]. AGENDA TEMECULA CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA APRIL 12, 2022 - 6:00 PM CLOSED SESSION - 4:30 P.M. LABOR NEGOTIATIONS — The City Council will meet in closed session with its designated representatives to discuss labor negotiations pursuant to Government Code Section 54957.6. The City's designated representatives are City Manager Aaron Adams, City Attorney Peter Thorson, Assistant City Manager Kevin Hawkins, Director of Finance Jennifer Hennessy, Director of Human Resources and Risk Management Isaac Garibay, Deputy City Manager Luke Watson and Senior Human Resources Analyst Becky Obmann. The employee organization is the California Teamsters Public, Professional and Medical Employees Union Local 911. CALL TO ORDER: Mayor Matt Rahn INVOCATION: Rabbi Yonasan Abrams of Chabad of Temecula FLAG SALUTE: Mayor Matt Rahn ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart PRESENTATIONS Proclamation for National Education and Sharing Day Proclamation for National Crime Victims' Rights Week Proclamation for DMV/Donate Life Month Proclamation for Autism Awareness Month BOARD / COMMISSION REPORTS - None PUBLIC SAFETY REPORT Riverside County Sheriffs Department 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 Page 1 City Council Agenda April 12, 2022 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 22, 2022 Recommendation: That the City Council approve the action minutes of March 22, 2022. Attachments Action Minutes 3. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Page 2 City Council Agenda April 12, 2022 Attachments: Agenda Report Resolution List of Demands 4. Approve City Treasurer's Report as of October 31, 2021 Recommendation: That the City Council approve and file the City Treasurer's Report as of October 31, 2021. Attachments: Agenda Report Treasurer's Report 5. Adopt Ordinance 2022-06 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 (Second Reading) Recommendation: That the City Council adopt an ordinance entitled: ORDINANCE 2022-06 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) Attachments: Agenda Report Ordinance 6. Adopt Ordinance 2022-07 Amending Section 2.04.020 of the Temecula Municipal Code Relating to the Time of City Council Meetings (Second Reading) Recommendation: That the City Council adopt an ordinance entitled: ORDINANCE NO.2022-07 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 Page 3 City Council Agenda April 12, 2022 Attachments: MEETINGS Agenda Report Ordinance 7. Approve Governing Body Resolution Designating Certain City Officials to Execute Applications and Documents for the Purposes of Obtaining Grant Funding through hrough the Department of Homeland Security and Sub -Granted Through the State of California and Riverside County Recommendation: That the City Council adopt this resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DESIGNATING AND AUTHORIZING CERTAIN CITY OFFICIALS TO EXECUTE APPLICATIONS AND DOCUMENTS FOR THE PURPOSES OF OBTAINING FEDERAL FINANCIAL ASSISTANCE PROVIDED BY THE FEDERAL DEPARTMENT OF HOMELAND SECURITY AND SUB -GRANTED THROUGH THE STATE OF CALIFORNIA AND THE COUNTY OF RIVERSIDE Attachments: Agenda Report RPcnlntinn 8. ADDrove Snonsorshib Agreement with Veterans of Foreign Wars. Temecula Vallev VFW Post #4089 for 2022 Memorial Day Observance Recommendation: That the City Council approve the sponsorship agreement with Veterans of Foreign Wars, Temecula Valley VFW Post #4089 for in -kind support valued at $700 in City support services and $11,415 in promotional services for the 2022 Memorial Day Observance. Attachments: Agenda Report Agreement 9. Approve Second Amendments to Agreements with Convergint Technologies, LLC, for the Purchase, Installation, and Maintenance of a Citywide Surveillance System Recommendation: That the City Council: 1. Approve the second amendment to the purchase and installation agreement with Convergint Technologies, LLC, extend the term to May 22, 2025, increase the amount of the contract by $2,000,000, plus contingency of $200,000, for citywide surveillance system expansion and enhancements, bringing the total agreement amount to $7,656,035; and 2. Approve the second amendment to the maintenance work agreement Page 4 City Council Agenda April 12, 2022 with Convergint Technologies, LLC, increase the amount of the contract by $1,000,000, plus contingency of $100,000, for citywide surveillance system maintenance and repairs, bringing the total agreement amount to $2,240,819, for a term of five years beginning April 12, 2022. Attachments: Agenda Report Amendment - Purchase and Install Amendment - Maintenance 10. Annrove Seventh Amendment to the Aereement with Proactive Fire Design & Consultiniz. Inc. for Plan Review Services Recommendation: That the City Council approve the seventh amendment to the agreement with Proactive Fire Design & Consulting, Inc., in the amount of twenty-five thousand dollars and no cents ($25,000) for Fiscal Year 2021-22, for the Fire Department plan review service. Attachments: Agenda Report Amendment 11. Annrove Agreement for Consultant Services with Placeworks. Inc. for the Preparation of the Proposed Old Town Outdoor Dining Program Recommendation: That the City Council approve the agreement for consultant services with Placeworks, Inc., in the amount of $138,320, with a 10% contingency of $13,832, for a total agreement of $152,152, for the proposed Old Town Outdoor Dining Program. Attachments: Agenda Report Agreement 12. Approve First Amendment to the Agreement for Consultant Services with De Novo Planning Group for Additional Work Related to the Preparation of the 2021-2029 Housing Element Update Recommendation: That the City Council approve the first amendment to the agreement for consultant services with De Novo Planning Group in the amount of $7,500, for a total agreement amount of $87,887, for additional work related to the preparation of the 2021-2029 Housing Element Update. Attachments: Agenda Report Agreement Amendment 13. Approve First Amendment to Agreement with Kris R. Winchak dba KRW & Associates for Engineering Plan Check, Map and Legal Description Review Recommendation: That the City Council approve the first amendment to the agreement with Kris R. Winchak dba KRW & Associates for engineering plan check, map Page 5 City Council Agenda April 12, 2022 14. 15. 16. and legal description review, to extend the term of the agreement to June 30, 2023, and increase payment in the amount of $100,000. Attachments: Agenda Report Amendment Approve First Amendment to Agreement for Consultant Services for Engineering, Survey Environmental Services with David Evans and Associates. Inc. Recommendation: That the City Council approve the first amendment to the agreement for consultant services for engineering, survey and environmental services with David Evans and Associates, Inc., for a total agreement amount of $1,000,000, for the total term of the agreement. Attachments: Agenda Report AmPndMf-nt Appropriate Additional Funds and Increase Contingency Authorization for the Santa Gertrudis Pedestrian/Bicycle Trail Extension and Interconnect Project, PW08-04 Recommendation: That the City Council: 1. Approve an appropriation in the amount of $885,000 from Measure S for the Santa Gertrudis Pedestrian/Bicycle Trail Extension and Interconnect Project, PW08-04; and 2. Approve an increase to the contingency for construction of the Project by $600,000; and 3. Increase the City Manager Authority to approve construction contract change orders by $600,000. Attachments: Agenda Report Project Description Project Location Map Approve Appropriation and Award Construction Contract to IE General Engineering Inc. for the Ronald Reagan Sports Park Restroom Expansion and Renovation, PW 18-03 Recommendation: That the City Council: 1. Approve an appropriation of $290,000 from Measure S to the Ronald Reagan Sports Park Restroom Expansion and Renovation, PW 18-03; and 2. Award a construction contract to IE General Engineering Inc. in the amount of $311,496 for the Ronald Reagan Sports Park Restroom Expansion and Renovation, PW 18-03; and Page 6 City Council Agenda April 12, 2022 17. 18. 19. 3. Authorize the City Manager to approve construction contract change orders up to 10% of the contract amount, $31,149.60; and 4. Make a finding that the Ronald Reagan Sports Park Restroom Expansion and Renovation, PW 18-03, is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. Attachments: Agenda Report Contract Project Description Project Location Approve Appropriation of Additional Funds for the Traffic Signal - Park and Ride Access Improvements, PW18-11 Recommendation AttarhmPntc That the City Council approve an appropriation of $170,000 from Measure S to the Traffic Signal - Park and Ride Access Improvements, PW18-11. Agenda Report Project Description Project Map Approve the Initial Study and Adopt a Mitigated Negative Declaration for the Santa Gertrudis Creek Trail Phase II - Margarita Road Undercrossing Project, PW 19-04 Recommendation: That the City Council: 1. Approve the Initial Study and adopt a Mitigated Negative Declaration for the Santa Gertrudis Creek Trail Phase II - Margarita Road Undercrossing Project, PW19-04; and 2. Direct the Public Works Director to file the Notice of Determination. Attachments: Agenda Report Initial Study Mitigated Negative Declaration Notice of Determination Project Description Approve Minor Construction Services Agreement with American Ramp Company, Inc. for the Construction of the Infill Mini Puma Track at Wolf Creek Park. PW21-05 Recommendation: That the City Council: 1. Approve the minor construction services agreement with American Ramp Company, Inc. in the amount of $60,000, for construction of the Page 7 City Council Agenda April 12, 2022 Infill Mini Pump Track at Wolf Creek Park, PW21-05; and 2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15304, Class 4, Minor Alternations to Land, of the CEQA Guidelines. Attachments: Agenda Report Agreement Project Description Project Location 20. Approve Agreement Pursuant to Government Code Section 66462.5 Between City of Temecula and Woodside 055, LP and Wingsweep Corporation Regarding Acquisition of Property Interests in Connection with Nicolas Road/Calle Girasol Improvements Recommendation: That the City Council take the following actions: 1. Adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AGREEMENT PURSUANT TO GOVERNMENT CODE SECTION 66462.5 BETWEEN WOODSIDE 055, LP AND WINGSWEEP CORPORATION AND CITY OF TEMECULA FOR ACQUISITION OF CERTAIN PROPERTY INTERESTS (CALLE GIRASOL/NICOLAS ROAD CONNECTION) 2. Authorize the City Manager to execute all necessary documents and take all steps necessary to effectuate the purposes of the agreement. Attachments: Agenda Report Resolution Agreement 21. Approve Tract Map 37341-17 (Located on East Side of Butterfield Stage Road Between Calle Chapos and Murrieta Hot Springs Road) Recommendation: That the City Council: 1. Approve Tract Map 37341-17 in conformance with the Conditions of Approval; and 2. Approve the Subdivision Improvement and Monumentation Agreements with the developer; and 3. Authorize the City Manager to execute the agreements on behalf of the Page 8 City Council Agenda April 12, 2022 City. Attachments: Agenda Report Fees and Securities Report Vicinity Map Tract Map No. 37341-17 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 9 City Council Agenda April 12, 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. 22. Approve Action Minutes of March 22, 2022 Recommendation: That the Board of Directors approve the action minutes of March 22, 2022. Attachments: Action Minutes 23. Annrove Three -Year Agreement between Temecula Communitv Services District and Social Work Action Group for Homelessness Related Services Recommendation: That the Board of Directors approve a three-year agreement between Temecula Community Services District and Social Work Action Group (SWAG) for homelessness related services. Attachments: Agenda Report Agreement Page 10 City Council Agenda April 12, 2022 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTOR REPORTS CSD ADJOURNMENT The next regular meeting of the Temecula Community Services District will be held on Tuesday, April 26, 2022, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. Page 11 City Council Agenda April 12, 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 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. 24. Consider Opportunities for a Performing Arts Center (At the Request of Mayor Rahn) Recommendation: That the City Council consider opportunities for a performing arts center, create an ad hoc subcommittee that would ultimately work directly with the arts community on a possible private capital campaign, and provide general direction regarding the same. Attachments: Agenda Report ITEMS FOR FUTURE CITY COUNCIL AGENDAS Any Council Member, including the Mayor, may request an item be placed on a future agenda. Any such request will be discussed under this section. In making the request, a Council Member may briefly describe the topic of the proposed agenda item and any timing associated with the placement of the item on the agenda. This description shall not exceed 3 minutes 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. Page 12 City Council Agenda April 12, 2022 CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT The next regular meeting of the City Council will be held on Tuesday, April 26, 2022, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. 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 13 Item No. 1 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: April 12, 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 22, 2022 - 7:00 PM CLOSED SESSION - 6:00 P.M. CITY MANAGER ANNUAL PERFORMANCE EVALUATION. The City Council convened 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 at 7:06 PM: Mayor Matt Rahn INVOCATION: Elder Wayland Collins of Reliance Church FLAG SALUTE: Commissioner Ross Jackson ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart PRESENTATIONS Proclamation for National Library Week Presentation to Temecula Valley Soccer Association U14 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 PUBLIC COMMENTS - NON -AGENDA ITEMS The following individual(s) addressed the City Council: • Rick Reiss PUBLIC COMMENTS - AGENDA ITEMS The following individual(s) addressed the City Council: • David Barragan (Item #6) • Bob Kowell (Item #20 and #22) • Jessica Christopher (Item #18) • Jodie Christopher (Item #22) • Jill Nelson (Item #19) • Jessica Christopher (Item #22) • Jeffrey Lohman (Item #19) 0 Jeff Comerchero (Item #22) The following individual(s) submitted an electronic comment: • Robert Danko (Item # 19) 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 Edwards, Second by Stewart. The vote reflected unanimous approval. 1. Waive Reading of Standard Ordinances and Resolutions Recommendation: That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. 2. Approve Action Minutes of March 8, 2022 Recommendation: That the City Council approve the action minutes of March 8, 2022. 3. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2022-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4. 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. 5. 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 2 6. 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. 7. Approve 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 Reauest of Subcommittee Members Edwards and Stewart) 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. 8. Receive and File the General Plan and Housing 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. 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. 10. Approve 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. 11. Authorize Purchase of a Bobcat Skid -Steer Loader for the Public Works Streets Maintenance Division 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. 12. 13. 14. 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. 2022-27 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 Approve Plans and Specifications and Authorize Solicitation of Construction Bids for the Sidewalks - DLR Drive Project, PW19-18 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, 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. Accept Improvements and File Notice of Completion for the Citywide Slurry Seal Program Fiscal Year 2020-21, PW21-01 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. 15. Accept Improvements and File Notice of Completion for Sam Hicks Monument Park Perimeter Fencing, PW20-12 4 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. 16. Accept Improvements and File Notice of Completion for the Infill Mini Pump Track at Long Canyon Creek Park, PW21-05 Recommendation: RECESS: 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. At 8:38 PM, the City Council recessed and convened as the Temecula Community Services District Meeting. At 8:51 PM the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 18. Conduct Public HearinLy to Consider Extension of an Interim Ureencv Ordinance of the Cit Council of the City of Temecula Enacted Pursuant to Government Code Section 65858 Establishing mergency Regulation Related to Urban Lot Splits and Housing Units Built in Accordance With Senate Bill 9, Declaringthe he 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. 2022-05 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, EXTENDING INTERIM URGENCY ORDINANCE NO. 2022-03, ESTABLISHING EMERGENCY REGULATIONS PURSUANT TO GOVERNMENT CODE SECTION 65858 ON URBAN LOT SPLITS AND HOUSING UNITS BUILT IN ACCORDANCE WITH SENATE BILL 9, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA Approved the Staff Recommendation (5-0): Motion by Schwank, Second by Edwards. The vote reflected unanimous approval. 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: ORDINANCE NO. 2022-06 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 a resolution entitled: RESOLUTION NO. 2022-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN ENTERTAINMENT LICENSE FEE Approved the Staff Recommendation (5-0): Motion by Alexander, Second by Stewart. The vote reflected unanimous approval. BUSINESS 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: 6 ORDINANCE NO. 2022-07 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 Approved the Staff Recommendation (5-0): Motion by Edwards, Second by Stewart. The vote reflected unanimous approval. 21. Receive and File Temecula Safe - Massage Enforcement Update (Long Range Project No. LR22-0174) Recommendation: That the City Council receive and file the update on massage enforcement. Receive and file only, no action. 22. Consider Term Limits for City Council Members (At the Request 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. Motion to continue discussion of term limits being placed on the ballot (3-2): Motion by Alexander, Second by Rahn. The vote reflected unanimous approval with Edwards and Schwank opposing. Motion to place term limit item on ballot with three terms on and one off (2-3): Motion by Alexander, Second by Rahn. Motion did not pass with Edwards, Schwank and Stewart opposing. DEPARTMENTAL REPORTS (Receive and File) 23. Community Development Department Monthly Report 24. Fire Department Monthly Report 25. Public Works Department Monthly Report ITEMS FOR FUTURE CITY COUNCIL AGENDAS A. Opportunities for a Performing Arts Center (At the Request of Mayor Rahn) Council Approved (5-0): Motion Rahn, Second by Stewart. The vote reflected unanimous approval. CITY MANAGER REPORT CITY ATTORNEY REPORT The City Attorney stated there was no reportable actions from closed session. ADJOURNMENT At 12:13 AM, the City Council meeting was formally adjourned to Tuesday, April 12, 2022, at 4:30 PM for Closed Session, with regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] Item No. 3 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: April 12, 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 $9,793,575.38. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of April 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 12th day of April 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 03/08/2022 TOTAL CHECK RUN: $ 324,873.28 03/10/2022 TOTAL CHECK RUN: 6,875,156.63 03/15/2022 TOTAL CHECK RUN: 206,873.71 03/16/2022 TOTAL CHECK RUN: 989,277.61 03/22/2022 TOTAL CHECK RUN: 617,706.53 03/24/2022 TOTAL CHECK RUN: 236,732.62 03/17/2022 TOTAL PAYROLL RUN: 542,955.00 TOTAL LIST OF DEMANDS FOR 4/12/2022 COUNCIL MEETING: DISBURSEMENTS BY FUND: $ 9,793,575.38 CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 904,407.83 125 PEG PUBLIC EDUCATION & GOVERNMENT 152.72 140 COMMUNITY DEV BLOCK GRANT 14,239.84 165 RDA DEV- LOW/MOD SET ASIDE 4,871.59 190 TEMECULA COMMUNITY SERVICES DISTRICT 325,425.24 192 TCSD SERVICE LEVEL B STREET LIGHTS 23,605.09 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 621.18 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 11,943.06 197 TEMECULA LIBRARY FUND 13,147.47 210 CAPITAL IMPROVEMENT PROJECT FUND 2,846,467.23 300 INSURANCE FUND 6,727.97 305 WORKERS' COMPENSATION 1,105.85 320 INFORMATION TECHNOLOGY 111,678.85 325 TECHNOLOGY REPLACEMENT FUND 2,834.72 330 CENTRAL SERVICES 10,477.81 340 FACILITIES 43,551.59 472 CFD 01-2 HARVESTONA&B DEBT SERVICE 321,538.50 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 414,562.08 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 1,001,046.66 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 163,668.45 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 378,616.29 478 CFD 16-01 RORIPAUGH PHASE II 1,901,600.27 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 2,100.00 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 1,450.21 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 1,650.21 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 291.88 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 1,500.21 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 750.21 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 500.00 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 5,696.38 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 75.00 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 250.21 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 62.50 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 3,548.12 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 1,154.81 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 450.00 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATE 400.00 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 954.81 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 70.83 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 3,828.90 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 6,898.50 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 5,596.04 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 33,731.97 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 162.50 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 225.45 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 5,577.10 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 1,759.66 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 62.50 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 250.21 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 8,692.64 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 100.00 $ 9,250,620.38 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 322,379.66 140 COMMUNITY DEV BLOCK GRANT 497.08 165 AFFORDABLE HOUSING 3,722.46 190 TEMECULA COMMUNITY SERVICES DISTRICT 156,267.39 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 1,408.24 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 539.47 197 TEMECULA LIBRARY FUND 3,229.27 300 INSURANCE FUND 2,130.82 305 WORKERS' COMPENSATION 2,130.83 320 INFORMATION TECHNOLOGY 36,851.01 330 SUPPORT SERVICES 3,275.85 340 FACILITIES 8,408.55 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 0.04 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 0.46 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 0.46 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 0.46 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 0.46 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 0.46 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 0.04 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 259.86 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 0.04 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 0.46 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 0.04 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 129.92 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 12.92 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 0.04 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 0.04 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 12.92 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 0.04 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 77.90 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 109.11 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 259.95 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 493.90 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 0.04 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 0.78 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 207.86 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 25.91 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 0.04 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 0.46 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 519.87 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT (0.11) TOTAL BY FUND: 542,955.00 $ 9,793,575.38 apChkLst Final Check List Page: 1 03/08/2022 2:25:53PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor Description 501916 3/10/2022 022546 AIRWAVE COMMUNICATIONS, PUBLIC SAFETY ANTENNA SYSTEM: ENTERPRISES INFO TECH 501917 3/10/2022 013015 ALWAYS RELIABLE BACKFLOW TESTING: OLD TOWN BACKFLOW, AKA NANETTE FRONT SEMAN 501918 3/10/2022 004240 AMERICAN FORENSIC NURSES MAR STAND BY FEE:POLICE AFN DRUG/ALCOHOL ANALYSIS: TEM SHERIF DRUG/ALCOHOL ANALYSIS: TEM SHERIF 501919 3/10/2022 013950 AQUA CHILL OF SAN DIEGO FEB DRINKING WTR SYS MAINT: INFO TECH 501920 3/10/2022 021400 AYERS ELECTRIC INC ELECTRICAL WORK: TES ELECTRICAL WORK: LIGHTS: PARKING 501921 3/10/2022 022651 BRAND ASSASSINS CITYWIDE BANNER PROGRAM: ECON DEV 501922 3/10/2022 022670 BROWN, JAMAL DEON, DBA TCSD INSTRUCTOR EARNINGS JDB TRAINING 501923 3/10/2022 022596 CITYGATE ASSOCIATES LLC PROF SVCAGREEMENT: PD ASSESSMENT 501924 3/10/2022 010650 CRAFTSMEN PLUMBING & PLUMBING SVCS: MPSC HVAC INC 501925 3/10/2022 020436 CRONBERG, RICHARD N TCSD INSTRUCTOR EARNINGS 501926 3/10/2022 008289 EMPLOYEE #00512 REIMB: AOAP CONF 2/6-2/10 501927 3/10/2022 022506 DESIGN PATH STUDIO Permit Ready Accessory Dwelling Unit 501928 3/10/2022 020648 DG INVESTMENT HOLDINGS 2 CITYWIDE SURVEILLANCE: INFO TECH INC, CONVERGINT TECHNOLOGIES 501929 3/10/2022 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: TCSD FUEL FOR CITY VEHICLES: POLICE DEP' FUEL FOR CITY VEHICLES: CITY MGR OI FUEL FOR CITY VEHICLES: INFO TECH 501930 3/10/2022 020904 ECONOMIC ALTERNATIVES INC FEB CONDENSER WTR SYS PM: CIVIC CTR Amount Paid Check Total 22,636.65 22,636.65 27.00 27.00 1,379.17 306.60 60.20 1,745.97 28.28 28.28 350.00 3,200.00 3,550.00 2,143.17 2,143.17 761.25 761.25 10,474.92 10,474.92 1,546.00 1,546.00 56.00 56.00 1,931.97 1,931.97 3,112.50 3,112.50 13,667.00 13,667.00 553.55 122.40 46.55 38.91 761.41 538.67 538.67 Page:1 apChkLst Final Check List Page: 2 03/08/2022 2:25:53PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description 501931 3/10/2022 021412 EIDE BAILLY LLP FEB FINANCIAL STATEMENT AUDIT 501932 3/10/2022 004944 FULLCOURT PRESS TEXT PAPER: BUS LIC CERTIFICATES: FINANC 501933 3/10/2022 021365 GEORGE HILLS COMPANY INC JAN CLAIM ADJUSTER SVCS: RISK MGMT 501934 3/10/2022 000177 GLENNIES OFFICE PRODUCTS MISC OFC SUPPLIES: BLDG & SAFETY INC 501935 3/10/2022 004890 GOLDEN STATE FIRE ANNUAL SPRINKLER INSPECTIONS: PROTECTION FOC ANNUAL SPRINKLER INSPECTIONS: WE ANNUAL SPRINKLER INSPECTION: PARR 501936 3/10/2022 000520 HDL COREN AND CONE JAN-MAR PROP TAX CONSULTING: FINANCE 501937 3/10/2022 006914 INNOVATIVE DOCUMENT JAN COPIER MAINT/USAGE/REPAIR: SOLUTIONS CITYWIDE JAN COPIER MAINT/USAGE/REPAIR: LIBI 501938 3/10/2022 012883 JACOB'S HOUSE INC EMPLOYEE CHARITY DONATIONS PAYMENT 501939 3/10/2022 018675 MDG ASSOCIATES INC JAN CDBG-CV EMERGENCY RENTAL ASSIST PGM JAN CDBG-CV EMERGENCY RENTALA& JAN CDBG-CV EMERGENCY RENTALA& 501940 3/10/2022 019823 MERCHANTS BLDG MAINT LLC JAN JANITORIAL SVCS: VARI FACS 501941 3/10/2022 012264 MIRANDA, JULIO C TCSD INSTRUCTOR EARNINGS 501942 3/10/2022 004043 MISSION ELECTRIC SUPPLY ELECTRICAL SUPPLIES: PARKS: PW INC ELECTRICAL SUPPLIES: PARKS: PW 501943 3/10/2022 004040 MORAMARCO ANTHONY J, TCSD INSTRUCTOR EARNINGS DBA BIGFOOT GRAPHICS 501944 3/10/2022 022599 NIEVES LANDSCAPE INC LANDSCAPE MAINT: SLOPES LANDSCAPE MAINT: PARKS/TRLS/STREE LANDSCAPE MAINT: MEDIANS: PW LANDSCAPE MAINT: FACILITIES LANDSCAPE MAINT: I-15/79 INTERCHAN, Amount Paid Check Total 2,000.00 2,000.00 574.59 574.59 2,473.03 2,473.03 101.19 101.19 900.00 900.00 650.00 2,450.00 5,961.53 5,961.53 4,883.80 414.84 5,298.64 40.00 40.00 1,821.00 1,771.00 250.00 3,842.00 25,320.22 25,320.22 1,940.40 1,940.40 261.40 193.47 454.87 56.00 56.00 58,553.00 54,150.00 20,230.00 10,150.00 6,977.00 150,060.00 Paget apChkLst 03/08/2022 2:25:53PM Final Check List CITY OF TEMECULA Page: 3 Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 501945 3/10/2022 022537 REFRIGERATION SUPPLIES, MISC HVAC SUPPLIES: CRC 8,903.23 DISTRIBUTOR MISC HVAC SUPPLIES: CRC 1,794.70 HVAC SUPPLIES: OLD TOWN MAINT 485.29 MISC HVAC SUPPLIES: CRC 300.57 MISC HVAC SUPPLIES: THEATER 291.17 MISC HVAC SUPPLIES: CRC 227.24 HVAC SUPPLIES: OLD TOWN MAINT 68.32 HVAC SUPPLIES: CIVC CENTER 61.88 MISC HVAC SUPPLIES: THEATER 19.28 12,151.68 501946 3/10/2022 002412 RICHARDS WATSON AND JAN 2022 LEGAL SERVICES 23,537.00 GERSHON JAN 2022 LEGAL SERVICES 3,967.25 JAN 2022 LEGAL SERVICES 2,735.13 JAN 2022 LEGAL SERVICES 2,632.00 JAN 2022 LEGAL SERVICES 580.00 JAN 2022 LEGAL SERVICES 319.00 JAN 2022 LEGAL SERVICES 58.00 33,828.38 501947 3/10/2022 021981 EMPLOYEE #00606 MISC SUPPLIES: HR 43.49 43.49 501948 3/10/2022 017549 ROSEN AND ROSEN REFLECTIVE SAFETY GEAR: 437.13 437.13 INDUSTRIES INC, DBA RAND R STREETS: PW INDUSTRIES 501949 3/10/2022 004274 SAFE AND SECURE LOCKSMITH SVCS: TVE2: PW 23.11 23.11 LOCKSMITH SRVC 501950 3/10/2022 009213 SHERRY BERRY MUSIC JAZZ @ THE MERC 2/24 406.00 JAZZ @ THE MERC 2/25 273.00 679.00 501951 3/10/2022 021620 SIEMENS MOBILITY INC, TRAFFIC POLE REPLACEMENT: 4,837.56 4,837.56 YUNEX LLC MARGARITA RD 501952 3/10/2022 014783 SOFTRESOURCES, LLC Consulting:financial sys upgrade Munis 1,942.50 1,942.50 501953 3/10/2022 001546 STRAIGHT LINE GLASS AND GLASS REPLACEMENT: HARVESTON 517.17 517.17 MIRROR, COMPANY INC COMM RM 501954 3/10/2022 000820 WINCHAK KRIS R, DBA K R W & ENG PLAN CHECK & 6,860.00 6,860.00 ASSOCIATES REVIEW:PW-LAND DEV Grand total for EFT UNION BANK: 324,873.28 Page:3 apChkLst Final Check List Page: 4 03/08/2022 2:25:53PM CITY OF TEMECULA 39 checks in this report. Grand Total All Checks: 324,873.28 Page:4 apChkLst Final Check List Page: 1 03/10/2022 3:57:41 PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor Description 12735 1/26/2022 001212 SO CALIF GAS COMPANY DEC 055-475-6169-5: 32380 DEER HOLLOW 12821 2/7/2022 010276 TIME WARNER CABLE JANUARY INTERNET SVCS: 28300 MERCEDES ST 12830 2/8/2022 010276 TIME WARNER CABLE FEBRUARY INTERNET SVCS: 32211 WOLF 12831 2/8/2022 010276 TIME WARNER CABLE FEBRUARY INTERNET SVCS: 30755 AULD RD 12832 2/8/2022 010276 TIME WARNER CABLE FEBRUARY INTERNET SVCS: 41973 6TH ST 12833 2/8/2022 010276 TIME WARNER CABLE FEBRUARY INTERNET SVCS: 41000 MAIN ST 12846 2/9/2022 006887 UNION BANK OF CALIFORNIA 015354 FACEBOOK.COM CDBG SURVEY POST: PLANNING 015354 FACEBOOK.COM CDBG SURVEY POST: PLANNING 020536 WALL STREET JOURNAL ONLINE MBRSHP SUBSCRIPTION: RFRSHMNTS: PLANNING 018323 GOAT & VINE, THE COMMISSION MTG DIGITAL SBSCPTN: CODE 020370 BEENVERIFIED.COM ENFORCEMENT 000254 PRESS ENTERPRISE SUBSCRIPTION: COMMUNITY DEV COMPANY INC 000515 TEMECULA VALLEY CHAMBER STATE OF THE CITY: PLANNING OF, COMMERCE JAN 101-525-1560-6 27415 12865 2/11/2022 001212 SO CALIF GAS COMPANY ENTERPRISE CIR 12881 2/15/2022 000537 SO CALIF EDISON JAN 600001509166 27220 JEFFERSON AVE 12891 2/15/2022 010276 TIME WARNER CABLE FEBRUARY INTERNET SVCS: 40820 12897 2/16/2022 018858 FRONTIER CALIFORNIA INC FEB INTERNET SVCS: EOC 12898 2/16/2022 010276 TIME WARNER CABLE FEBRUARY INTERNET SVCS: 41000 MAIN ST Amount Paid Check Total 14.79 14.79 598.63 598.63 194.34 194.34 716.14 716.14 716.14 716.14 3,457.95 3,457.95 5.00 5.00 175.07 162.01 52.45 140.83 360.00 900.36 507.90 507.90 20,057.88 20,057.88 5.32 5.32 154.26 154.26 1,081.85 1,081.85 Page:1 apChkLst Final Check List Page: 2 03/10/2022 3:57:41PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 12918 2/18/2022 010276 TIME WARNER CABLE 12919 2/22/2022 010276 TIME WARNER CABLE 12920 2/22/2022 010276 TIME WARNER CABLE 12931 2/25/2022 010276 TIME WARNER CABLE 12932 2/25/2022 010276 TIME WARNER CABLE 12933 2/28/2022 010276 TIME WARNER CABLE 12934 2/28/2022 010276 TIME WARNER CABLE 12950 3/8/2022 000246 PERS (EMPLOYEES' RETIREMENT) 12951 3/1/2022 010276 TIME WARNER CABLE 12952 3/1/2022 010276 TIME WARNER CABLE 12953 2/18/2022 005460 U S BANK 12978 3/4/2022 000166 FIRST AMERICAN TITLE COMPANY 208340 3/3/2022 000411 RIVERSIDE CO FLOOD CONTROL AND, WATER CONSERVATION DIST 208341 3/3/2022 000411 RIVERSIDE CO FLOOD CONTROL AND, WATER CONSERVATION DIST 208342 3/3/2022 000411 RIVERSIDE CO FLOOD CONTROLAND, WATER CONSERVATION DIST (Continued) Description Amount Paid Check Total FEBRUARY INTERNET SVCS: 28816 598.63 598.63 PUJOL ST FEBRUARY INTERNET SVCS: 32131 S 250.66 250.66 LOOP RD FEBRUARY INTERNET SVCS: 41000 280.91 280.91 MAIN ST FEBRUARY INTERNET SVCS: 42569 602.01 602.01 MARGARITA FEBRUARY INTERNET SVCS: 30875 602.01 602.01 RANCHO FEBRUARY INTERNET SVCS: 41000 49.77 49.77 MAIN ST FEBRUARY INTERNET SVCS: 28922 602.01 602.01 PUJOL ST PERS RETIREMENT PAYMENT 121,338.80 121,338.80 FEBRUARY INTERNET SVCS: 32380 602.01 602.01 DEER FEBRUARY INTERNET SVCS: 41845 602.01 602.01 6TH ST TOTAL CNTYSS1 REMITTANCE 4,181,032.25 4,181,032.25 LAND ACQUISITION: VACANT LAND: 1,606,290.00 1,606,290.00 MURRIETA ADD'L DEPOSIT: S. GERTRUDIS CRK 1,000.00 1,000.00 1/11 CHANGES: S GERTRUDIS CRK 349.14 349.14 ENCROACHMENT PERMIT: PW19-11: 2,000.00 2,000.00 CIP: PW Paget apChkLst 03/10/2022 3:57:41PM Final Check List CITY OF TEMECULA Page: 3 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 208343 3/3/2022 000411 RIVERSIDE CO FLOOD DIAZ RD EXPANSION: PW17-25: CIP 2,000.00 2,000.00 CONTROL AND, WATER CONSERVATION DIST 208344 3/10/2022 013387 ADAME LANDSCAPE INC, DBA FEB SWEEPING SVC: PRKG 540.00 540.00 SWEEPING UNLIMITED STRUCTURE 208345 3/10/2022 013582 ADVANTAGE MAILING LLC, DBA printing of activity guide: tcsd 28,893.59 28,893.59 ADVANTAGE 208346 3/10/2022 001517 AETNA BEHAVIORAL HEALTH APR EMPLOYEE ASSISTANCE PRGM: 1,174.80 1,174.80 LLC, DBAAETNA RESOURCES HR 208347 3/10/2022 021522 AGILITY KIDS LLC TCSD INSTRUCTOR EARNINGS 4,804.80 4,804.80 208348 3/10/2022 007282 AMAZON CAPITAL SERVICES CAMERA, MOUNT & STAND: TVE2 1,086.43 INC SUPPLIES: STATE OF THE CITY: CM 240.22 MISC AV EQUIPMENT:INFO TECH 50.57 1,377.22 208349 3/10/2022 007065 B&H PHOTO & ELECTRONICS MISC AV EQUIPMENT: PEG SUPPLIES 152.72 152.72 CORP 208350 3/10/2022 001323 BLUETRITON BRANDS INC, 12/23-01/22 WTR DLVRY SVC: 9.69 9.69 DBA READYREFRESH HARVESTON PAR 208351 3/10/2022 004971 CANON FINANCIAL SERVICES FEB COPIER LEASE: LIBRARY 671.56 671.56 INC 208352 3/10/2022 018828 CASC ENGINEERING AND, JAN COMMERCIAL/IND'L 3,020.00 CONSULTING INC INSPECTIONS: NPDES MISC ENG SVS: MRC IMPROV REVIEW 17-21 2,460.00 5,480.00 208353 3/10/2022 004462 CDW LLC, DBA CDW ETHERNET SWITCHES: TRAFFIC 59,284.06 GOVERNMENT LLC MISC SMALL TOOLS & EQUIP: INFO TECH 2O5.97 MISC SMALL TOOLS & EQUIP: INFO TECH 153.76 MISC SMALL TOOLS & EQUIP: INFO TECH 103.23 59,747.02 208354 3/10/2022 021022 CHARGEPOINT INC EQUIP: ELECTRIC VEHICLE CHARGING 53,483.95 53,483.95 STATION 208355 3/10/2022 001264 COSTCO TEMECULA 491 TVS: HR & TVE2 CART: INFO TECH 850.06 850.06 208356 3/10/2022 004222 DIAMONDBACK FIRE & FIRE EQUIPMENT: FIRE STA 84 797.76 797.76 RESCUE, INC 208357 3/10/2022 022826 DOCUSIGN INC DOCUSIGN ESIGNATURE SVCS: 27,967.19 27,967.19 FINANCE Page3 apChkLst 03/10/2022 3:57:41PM Final Check List CITY OF TEMECULA Page: 4 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 208358 3/10/2022 019469 FALCON ENGINEERING CNSTRCTN MGMT SVCS: SANTA 50,574.94 50,574.94 SERVICES GERTRUDIS CRK 208359 3/10/2022 002982 FRANCHISE TAX BOARD KRACH, BREE - CASE# 603016103 35.35 KRACH, BREE - CASE# 603016103 18.49 53.84 208360 3/10/2022 021600 GOTO TECHNOLOGIES USA PASSWORD PROTECTION: INFO TECH 10,000.00 10,000.00 INC 208361 3/10/2022 000180 GRAYBAR ELECTRIC REPLACEMENT 911 CALL BOX: CRC 409.87 409.87 COMPANY INC 208362 3/10/2022 000186 HANKS HARDWARE INC MISC MAINT SUPPLIES: VARI 7,196.42 FACILITIES MISC MAINT SUPPLIES: OLD TOWN MAINT 354.87 MISC MAINT SUPPLIES: CRC 228.16 MISC MAINT SUPPLIES: IWTCM 207.27 MISC MAINT SUPPLIES: FOC 55.77 MISC MAINT SUPPLIES: AQUATICS 27.98 MISC MAINT SUPPLIES: TPL 15.63 MISC MAINT SUPPLIES: THEATER 3.00 MISC MAINT SUPPLIES: MPSC 1.62 8,090.72 208363 3/10/2022 020698 HICKS AND HARTWICK INC ENG PLAN CK SVCS: LAND DEV: 1,750.00 1,750.00 SOLANA WAY 208364 3/10/2022 003198 HOME DEPOT MISC HRDWR SUPPLIES: CIVIC CTR 78.60 HARDWARE SMALL TOOLS: TRAFFIC MAINT 53.00 131.60 208365 3/10/2022 015923 INSIGHT PUBLIC SECTOR INC COMPUTER REPLACEMENT: LIBRARY 2,834.72 2,834.72 208366 3/10/2022 016257 KELLY SPICERS INC, DBA COPY PAPER: CENTRAL SVCS 2,340.25 2,340.25 KELLY SPICERS STORES 208367 3/10/2022 017118 KRACH BREE B, DBA NAME BADGES: THEATER 73.95 TEMECULA TROPHY & DES ENGRAVING SVCS: HR & TEAM PACE 27.19 CREDIT -6.80 94.34 208368 3/10/2022 020415 EMPLOYEE #00521 REIMB: QSD/QSP CERTIFICATE 95.00 95.00 RENEWAL 208369 3/10/2022 021927 L & M MANAGEMENT LLC, DBA RFRSHMNTS: EMPLOYEE OF THE QTR 2,513.21 2,513.21 THE SMOK'D HOG 208370 3/10/2022 019884 LEONIDA BUILDERS INC SANTA GERTRUDIS CRK PEDESTRIAN 268,516.93 EXT REL STP NTC: DEXTERITY PLACING STE 83,385.90 351,902.83 208371 3/10/2022 002634 LITELINES INC LIGHT POLE BANNER ARM: OLD TOWN 2,202.19 2,202.19 Page:4 apChkLst 03/10/2022 3:57:41PM Final Check List CITY OF TEMECULA Page: 5 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 208372 3/10/2022 013982 M C I COMM SERVICE FEB 7DK89878 XXX-0714 GEN USAGE 37.32 MALL PD FEB 7DK90589 XXX-0346 GEN USAGE 35.56 72.88 208373 3/10/2022 003782 MAIN STREET SIGNS, DBA CITY STREET SIGNAGE: STREET 3,270.32 ATHACO INC MAINT: PW CITY STREET SIGNAGE: STREET MAINT 978.21 CITY STREET SIGNAGE: STREET MAINT 21.55 4,270.08 208374 3/10/2022 000727 NATIONAL FIRE PROTECTION MEMBERSHIP RENEWAL 1,520.50 1,520.50 ASSN, LEADS ETC INC 208375 3/10/2022 000209 NUTRIEN AG SOLUTIONS INC EQUIPMENT REPAIR: FIRE STA 84 156.93 156.93 208376 3/10/2022 005075 PRUDENTIAL OVERALL UNIFORM SRVCS: STREET MAINT: PW 66.74 SUPPLY UNIFORM SVC: PARKS MAINT: PW 65.49 2/22 UNIFORM RENTAL: PARKS: PW 60.06 UNIFORM SVCS: STREET MAINT: PW 43.30 UNIFORM SRVCS: STREET MAINT: PW 42.64 278.23 208377 3/10/2022 008651 R M F CONTRACTING INC, DBA ELEC REPAIRS: SP-08/PATRICIA 15,943.24 15,943.24 R&M ELECTRICAL CONTRA BIRDSALL SP 208378 3/10/2022 022835 RAYALLEN MANUFACTURING k9 harness - Jack: tem sheriff 306.69 306.69 LLC 208379 3/10/2022 017391 RISE INTERPRETING INC FEB SIGN LANGUAGE INTERPRETING: 1,440.00 1,440.00 CLASSES 208380 3/10/2022 000411 RIVERSIDE CO FLOOD 12/21 CHANGES: S GERTRUDIS CRK 295.53 CONTROLAND, WATER CONSERVATION DIST 12/21 CHANGES:MURR CRK CHANNEL 551.96 847.49 208381 3/10/2022 000357 RIVERSIDE CO MAPPING SVCS: LAND DEV: PW 500.00 500.00 TRANSPORTATION 208382 3/10/2022 000278 SAN DIEGO UNION -TRIBUNE 2022 SUBSCR: PW 10093646469 138.41 138.41 208383 3/10/2022 021881 SEDIGHIAN PAYMAN, DBA SENIOR VOLUNTEER DRIVING 50.00 50.00 TEMECULA SMOG RODEO:PD 208384 3/10/2022 022846 SEGISMAR, MARYANN REFUND: SEC DEPOSIT TCC 2-26-22 200.00 200.00 208385 3/10/2022 022838 SIERRA CLUB SANTA, FY21-22 COMMUNITY SERVICE 2,500.00 2,500.00 MARGARITA GROUP FUNDING 208386 3/10/2022 000537 SO CALIF EDISON FEB 700116137841 VARIOUS 33,403.31 33,403.31 LOCATIONS Page:5 apChkLst Final Check List Page: 6 03/10/2022 3:57:41PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 208387 3/10/2022 000519 SOUTH COUNTY PEST CONTROL INC 208388 3/10/2022 012652 SOUTHERN CALIFORNIA, TELEPHONE COMPANY 208389 3/10/2022 015373 SPECTRASYSTEMS INC, DBA SPECTRATURF 208390 3/10/2022 019250 ST FRANCIS ELECTRIC LLC 208391 3/10/2022 008337 STAPLES BUSINESS CREDIT 208392 3/10/2022 022717 STATE TREASURER'S OFFICE 208393 3/10/2022 008373 SUNBELT RENTALS INC (Continued) Description Amount Paid Check Total PEST CTRL SERVICES: LIBRARY 180.00 PEST CONTROL SVCS: HARVESTON PAF 95.00 PEST CTRL SVCS: MRC 94.00 PEST CTRL SVCS: THEATER 90.00 PEST CTRL SVCS: LIBRARY 90.00 PEST CTRL SVCS: CRC 90.00 PEST CONTROL SVCS: WOLF CREEK PA 49.00 PEST CTRL SVCS: WEST WING 40.00 PEST CTRL SVCS: IWTCM 36.00 PEST CTRL SERVICES: WEDDING CHAP 32.00 PEST CONTROL SVCS: CHAPEL/HISTOR 32.00 PEST CTRL SVCS: MPSC 29.00 PEST CONTROL SVCS: HISTORY MUSEL 84.00 PEST CTRL SVCS: JRC 74.00 PEST CONTROL SVCS: MRC 70.00 PEST CTRL SVCS: TVE2 56.00 PEST CONTROL SERVICES: PARKS 49.00 PEST CONTROL SVCS: DUCK POND 49.00 1,239.00 MARCH GEN USAGE: 738.34 738.34 0141,0839,0978,0979 SAFETY SURFACING: WOLF CRK N 17,647.70 PARK: PW SAFETY SURFACING: WOLF CRK TRL PP 12,427.00 30,074.70 TRAFFIC POLE REPLACE: 7,926.12 7,926.12 MARGARITA/LA SEREN MISC SUPPLIES: RHRTPL: TCSD 294.06 MISC OFC SUPPLIES: ADMIN: TCSD 204.13 MISC OFC SUPPLIES: THEATER: TCSD 140.43 MISC SUPPLIES: RHRTPL: TCSD 11.47 MISC OFC SUPPLIES: ADMIN: TCSD 8.12 658.21 CONDEMNATION DEPOSIT: 1-15/FVP 34,700.00 34,700.00 TOWER/POWER RENTALS: SPEC 19,061.17 EVENTS:TCSD TOWER/POWER RENTALS: SPEC EVENT 13,166.62 TOWER/POWER RENTALS: SPEC EVENT 936.64 TOWER/POWER RENTALS: SPEC EVENT 692.70 TOWER/POWER RENTALS: SPEC EVENT 478.69 TOWER/POWER RENTALS: SPEC EVENT 458.54 TOWER/POWER RENTALS: SPEC EVENT 249.66 TOWER/POWER RENTALS: SPEC EVENT -17.94 TOWER/POWER RENTALS: SPEC EVENT -30.99 TOWER/POWER RENTALS: SPEC EVENT -208.88 34,786.21 Pagefi apChkLst Final Check List Page: 7 03/10/2022 3:57:41PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 208394 3/10/2022 000515 TEMECULA VALLEY CHAMBER TVCC SPONSORSHIP FUNDS OF, COMMERCE 208395 3/10/2022 003941 TEMECULA WINNELSON PLUMBING SUPPLIES: PARKS: PW COMPANY 208396 3/10/2022 022584 THERMO SCIENTIFIC TRUNARC PORTABLE ANALYTICAL PORTABLE, ANALYTICAL INSTURMENTS: INSTRUMENTS 208397 3/10/2022 021010 VISIONARIES IMAGE CO LLC VAR VIDEOGRAPHY SRVCS: SOTC 208398 3/10/2022 020275 WALLACE & ASSOC DEC INSPECTION SVCS: PW CONSULTING LLC, ANSER LD/NPDES ADVISORY MNGMT LLC JAN INSPECTION SVCS: LAND DEV/NPD 208399 3/10/2022 001342 WAXIE SANITARY SUPPLY INC CLEANING SUPPLIES: PARKS: PW 208400 3/10/2022 020193 WHITE CAP LP MISC SUPPLIES: STREET MAINT: PW 208401 3/10/2022 003776 ZOLL MEDICAL CORPORATION, PARAMEDIC SUPPLIES: MEDICS GPO Amount Paid Check Total 50,000.00 50,000.00 2,788.62 2,788.62 30,917.40 30,917.40 7,315.65 7,315.65 24,219.00 13,869.00 38,088.00 5,296.89 5,296.89 195.75 195.75 3,254.34 3,254.34 Grand total for UNION BANK: 6,875,156.63 Page-7 apChkLst Final Check List Page: 8 03/10/2022 3:57:41PM CITY OF TEMECULA 86 checks in this report. Grand Total All Checks: 6,875,156.63 Page:8 apChkLst Final Check List Page: 1 03/16/2022 2:05:20PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 12954 3/1/2022 000246 PERS (EMPLOYEES' RETIREMENT) 13029 3/1/2022 014685 COMPASS BANK 13030 3/1/2022 014685 COMPASS BANK 13034 3/14/2022 001986 MUZAK LLC 13035 3/14/2022 001986 MUZAK LLC 13059 3/17/2022 000444 INSTATAX (EDD) 13060 3/17/2022 000283 INSTATAX (IRS) 102113 3/9/2022 022856 BISSELL, CHRISTOPHER 208402 3/16/2022 019307 ADVANCED AUTOMOTIVE SMOG 208403 3/16/2022 003552 AFLAC PREMIUM HOLDING, C/O BNB BANK LOCKBOX 208404 3/16/2022 006254 BALLET FOLKLORICO, AKA LORENA HANCOCK 208405 3/16/2022 022477 BEHAVIORAL ANALYSIS TRAINING, INC 208406 3/16/2022 001323 BLUETRITON BRANDS INC, DBA READYREFRESH Description Amount Paid Check Total PERS RETIREMENT PAYMENT 400.00 400.00 2018 MRC DEBT SVC 138,951.09 138,951.09 '11 REFUNDING 01/08 CERT PART 521,588.15 521,588.15 DEBT SVC MAR DISH NETWORK 41952 6TH ST 59.16 59.16 MAR DISH NETWORK 32131 175.38 175.38 BUTTERFIELD STG STATE TAX PAYMENT 29,804.13 29,804.13 FEDERAL TAX PAYMENT 93,922.30 93,922.30 REFUND: B22-1131 PLAN CHECK 70.80 70.80 CANCELLED ANNUAL SMOG CHECK: STREETS: PW 50.00 50.00 AFLAC ACCIDENT INDEMNITY 3,325.34 3,325.34 PAYMENT TCSD INSTRUCTOR EARNINGS 756.00 756.00 OUTLAW MOTORCYCLE CLASS: POLICE 100.00 OUTLAW MOTORCYCLE CLASS: POLICE 100.00 OUTLAW MOTORCYCLE CLASS: POLICE 100.00 OUTLAW MOTORCYCLE CLASS: POLICE 100.00 OUTLAW MOTORCYCLE CLASS: POLICE 100.00 OUTLAW MOTORCYCLE CLASS: POLICE 100.00 OUTLAW MOTORCYCLE CLASS: POLICE 100.00 OUTLAW MOTORCYCLE CLASS: POLICE 100.00 800.00 01/23-02/22 WTR DLVRY SVC: PBSP 52.16 01/23-02/22 WTR DLVRY SVC: SKATE P 9.15 01/23-02/22 WTR DLVRY SVC: HELP CTR 35.77 01/23-02/22 WTR DLVRY SVC: POOL 17.39 01/23-02/22 WTR DLVRY SVC: MRC 8.69 01/15-02/14 WTR DLVRY SVC: TVE2 42.97 166.13 Page:1 apChkLst Final Check List Page: 2 03/16/2022 2:05:20PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 208407 3/16/2022 021502 BUCHER, BRET PHILLIP 208408 3/16/2022 005321 CALIF ASSOC OF CODE, ENFORCEMENT OFFICERS (Continued) Description TCSD INSTRUCTOR EARNINGS WEBINAR REGISTRATION: CODE ENF Amount Paid Check Total 1,309.00 25.00 208409 3/16/2022 021054 CANTRELL, TINA J TCSD INSTRUCTOR EARNINGS 245.00 208410 3/16/2022 004462 CDW LLC, DBA CDW KEYBOARD & MOUSE REPLACEMENT: 676.63 GOVERNMENT LLC IT MISC SMALL TOOLS & EQUIP: INFO TECH 281.61 MISC SMALL TOOLS & EQUIP: INFO TECH 2O2.71 208411 3/16/2022 005417 CINTAS PROTECTION NO 2, ANNUAL FIRE EXTINGSHR 295.38 CINTAS FIRE 636525 INSPECTION: TRAFFI ANNUAL FIRE EXTINGSHR INSPECTION: WES 195.00 ANNUAL FIRE EXTINGSHR INSPECTION: TVE2 275.14 ANNUAL FIRE EXTINGSHR INSPECTION: TCC 195.00 ANNUAL FIRE EXTINGSHR INSPECTION: CIVIC 2,559.61 ANNUAL FIRE EXTINGSHR INSPECTION: CODE E 195.00 ANNUAL FIRE EXTINGSHR INSPECTION: 482.78 ANNUAL FIRE EXTINGUISHER INSPECTION: JRC 209.74 ANNUAL FIRE EXTINGSHR INSPECTION: HA 195.00 ANNUAL FIRE EXTINGUISHER INSPECTION: IWT 195.00 ANNUAL FIRE EXTINGSHR INSPECTION: FOC 202.96 ANNUAL FIRE EXTINGUISHER INSPECTION: 208.97 ANNUAL FIRE EXTINGUISHER INSPECTION: PD/ 195.00 ANNUAL FIRE EXTINGUISHER INSPECTION: FIR 209.36 ANNUAL FIRE EXTINGSHR INSPECTION: HEL 195.00 ANNUAL FIRE EXTINGUISHER INSPECTION: 258.47 ANNUAL FIRE EXTINGUISHER INSPECTION: MPS 195.00 ANNUAL FIRE EXTINGUISHER INSPECTION: B&S 195.00 ANNUAL FIRE EXTINGSHR INSPECTION: SAFE 195.00 208412 3/16/2022 022790 CLEARSTAR INC PRE -EMPLOYMENT SCREENINGS: HR 147.88 208413 3/16/2022 017429 COBRAADVANTAGE INC, DBA FEB FSA & COBRAADMIN: HR 605.70 THE ADVANTAGE GROUP 208414 3/16/2022 002945 CONSOLIDATED ELECTRICAL ELECTRICAL SUPPLIES: WEST WING 42.41 DIST 208415 3/16/2022 001264 COSTCO TEMECULA 491 MISC SUPPLIES: BC: FIRE DEPT 487.27 AGENCY MEMBERSHIP RENEWAL 180.00 208416 3/16/2022 017038 CPS HR CONSULTING RECLASSIFICATION STUDY: HR 3,268.75 1,309.00 25.00 245.00 1.160.95 6,652.41 147.88 605.70 42.41 667.27 3,268.75 Paget apChkLst Final Check List Page: 3 03/16/2022 2:05:20PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 208417 3/16/2022 021859 EXP US SERVICES INC CONSULT SVCS: SANTA GERTRUDIS CRK TRAIL 208418 3/16/2022 000165 FEDERAL EXPRESS INC EXP MAIL SVCS: FIRE DEPT EXP MAIL SVCS: FINANCE 208419 3/16/2022 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 208420 3/16/2022 019721 GOVCONNECTION INC CISCO MERAKI RENEWAL: INFO TECH HP REPLACEMENT MONITORS: INFO TE 208421 3/16/2022 013749 HELIXSTORM INC IT INFRASTRUCTURE SUPPORT: INFO TECH 208422 3/16/2022 003198 HOME DEPOT MISC HRDWR SUPPLIES: CIVIC CTR 208423 3/16/2022 022569 INLAND FLEET SOLUTIONS INC VEHICLE & EQUIP REPAIRS: STREETS: PW 208424 3/16/2022 018352 JAMES ELLIOTT PERF: BON JOVI TRIBUTE 3/3 ENTERTAINMENT 208425 3/16/2022 016257 KELLY SPICERS INC, DBA COPY PAPER: CENTRAL SVCS KELLY SPICERS STORES 208426 3/16/2022 017118 KRACH BREE B, DBA NAME PLATES: COMMISSIONERS: TEMECULA TROPHY& DES TCSD 208427 3/16/2022 003975 EMPLOYEE #00231 REIMB: CPRS CONF 03/08/22-03/10/22 208428 3/16/2022 015953 LLOYDS DESIGNS DESIGN SERVICES: TCSD 208429 3/16/2022 003782 MAIN STREET SIGNS, DBA MISC SIGNAGE: PW ATHACO INC CITY STREET SIGNAGE: STREET MAINT: CITY STREET SIGNAGE: STREET MAINT: CITY STREET SIGNAGE: STREET MAINT: CITY STREET SIGNAGE: STREET MAINT: CITY STREET SIGNAGE: STREET MAINT: 208430 3/16/2022 022664 MARIPOSATREE TREE TRIMMING: VAIL RANCH SLOPE MANAGEMENT INC TREE TRIMMING: CITY RIGHT-OF-WAY TREE TRIMMING: CHANTEMAR SLOPE 208431 3/16/2022 021434 MATRIX TELECOM LLC DBA FEB 800 SERVICES: CIVIC CENTER LINGO Amount Paid Check Total 17,138.09 17,138.09 29.56 7.77 37.33 50.00 50.00 15,250.15 4,864.19 20,114.34 8,468.75 8,468.75 67.36 67.36 187.54 187.54 2,112.40 2,112.40 359.26 359.26 141.38 141.38 1,930.91 1,930.91 1,500.00 1,500.00 915.34 53.82 64.65 206.23 214.96 581.53 2,036.53 24,096.00 1,017.00 4,358.00 29,471.00 67.53 67.53 Page:3 apChkLst Final Check List Page: 4 03/16/2022 2:05:20PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 208432 3/16/2022 013443 MIDWEST TAPE LLC BOOKS ON TAPE: LIBRARY 208433 3/16/2022 021861 NANCY K BOHL INC, THE TRAINING: PEER SUPPORT: FIRE DEPT COUNSELING TEAM INT'L ADULT BASKETBALL OFFICIATING: 208434 3/16/2022 020300 NCBOA, INC TCSD 208435 3/16/2022 018461 PACIFIC PRODUCTS & PEDESTRIAN BARRICADES: STREETS: SERVICE LLC PW 208436 3/16/2022 022771 QUAKEHOLD INDUSTRIAL INC EARTHQUAKE TRAILER: EOC: FIRE GENERATOR MAINT: LIBRARY: PW 208437 3/16/2022 020127 QUINN COMPANY GENERATOR MAINT: STA92: FIRE MISC EQUIPMENT PARTS: STREET 208438 3/16/2022 002012 R D O EQUIPMENT COMPANY MAINT: PW CREDIT: PART#AT309105: STREETS: PW 208439 3/16/2022 000268 RIVERSIDE CO HABITAT, JAN '22 K-RAT PAYMENT CONSERVATION AGENCY 208440 3/16/2022 022593 RIVERSIDE CO, OFC OF ICSC Riverside County Booth Partnership ECONOMIC DEV 208441 3/16/2022 009980 SANBORN GWYNETH A, CO COUNTRY LIVE! @ THE MERC 3/5 TEMECULA MUSIC ACADEMY 208442 3/16/2022 011511 SCUBA CENTER TEMECULA TCSD INSTRUCTOR EARNINGS 208443 3/16/2022 000537 SO CALIF EDISON 208444 3/16/2022 000519 SOUTH COUNTY PEST CONTROL INC 208445 3/16/2022 008373 SUNBELT RENTALS INC FEB 700039423268 VARIOUS LOCATIONS FEB 700276704365 VARIOUS LOCATIONS PEST CONTROL SVCS: SPLASH PAD PEST CONTROL SVCS: RRSP: PARKS PEST CONTROL SVCS: TES POOL: PW PEST CNTRL SVCS: WEST WING PEST CTRL SVCS: SENIOR CENTER PEST CONTROL SVCS: TCC: PW FACS PEST CTRL SVCS: TVE2 PEST CTRL SVCS: FOC MISC EQUIPMENT RENTAL: STREETS: PW Amount Paid Check Total 33.81 398.00 1,778.00 1,486.56 3,500.00 966.43 605.73 4,727.59 -467.05 2,300.00 2,500.00 911.25 241.50 945.20 482.29 49.00 94.00 -59.00 40.00 29.00 123.00 56.00 52.00 286.66 33.81 398.00 1,778.00 1,486.56 3,500.00 1,572.16 4,260.54 2,300.00 2,500.00 911.25 241.50 1,427.49 384.00 286.66 Page:4 apChkLst Final Check List Page: 5 03/16/2022 2:05:20PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 208446 3/16/2022 001547 TEAMSTERS LOCAL 911 UNION MEMBERSHIP DUES PAYMENT 208447 3/16/2022 011694 TEMECULA VALLEY VFW POST FY21-22 COMMUNITY SVCS FUNDING 4089 208448 3/16/2022 019100 TNT ENTERTAINMENT GROUP DJ/MC/SOUND SVCS: WINTER CHILL LLC DJ/MC/SOUND SVCS: NYE GRAPE DROF 208449 3/16/2022 001890 VORTEX INDUSTRIES INC GATE REPAIR: FIRE STA84 ROLL -UP DOOR RPLC: PRKG GARAGE: I DOOR REPLACEMENT: PARKING GARAC BAY DOOR REPAIR: FIRE STA 73 208450 3/16/2022 021148 WEX BANK 02/07-03/06 FUEL USAGE: POLICE Amount Paid Check Total 4,948.22 5,000.00 22,500.00 15,732.00 1,706.80 18,434.15 6,473.26 3,538.06 1.989.88 Grand total for UNION BANK: 4,948.22 5,000.00 38,232.00 30,152.27 1,989.88 989,277.61 Page:5 apChkLst Final Check List Page: 6 03/16/2022 2:05:20PM CITY OF TEMECULA 57 checks in this report. Grand Total All Checks: 989,277.61 Page6 apChkLst Final Check List Page: 1 03/15/2022 2:20:56PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor Description 501955 3/17/2022 004802 ADLERHORST INTERNATIONAL FEB K-9 TRAINING: KING/MUSHINSKIE LLC 501956 3/17/2022 009374 ALLEGRO MUSICAL VENTURES PIANO TUNING/MAINT: THEATER DBA, ALLEGRO PIANO SERVICE PIANO TUNING/MAINT: THEATER PIANO TUNING/MAINT: LIBRARY 501957 3/17/2022 004240 AMERICAN FORENSIC NURSES DRUG/ALCOHOL ANALYSIS: TEM AFN SHERIFF DRUG/ALCOHOL ANALYSIS: TEM SHERIF DRUG/ALCOHOL ANALYSIS: TEM SHERIF 501958 3/17/2022 013950 AQUA CHILL OF SAN DIEGO MAR WATER SERVICES: TEM SHERIFF MAR DRINKING WTR SYS MAINT: PD ST( 501959 3/17/2022 022651 BRANDASSASSINS RETRACTABLE BANNER:HR 501960 3/17/2022 022670 BROWN, JAMAL DEON, DBA TCSD INSTRUCTOR EARNINGS JDB TRAINING 501961 3/17/2022 004248 CALIF DEPT OF FEB FINGERPRINTING SVCS: ECO JUSTICE-ACCTING DEV FEB FINGERPRINTING SVCS: HR FEB FINGERPRINTING SVCS: CONTRAC FEB FINGERPRINTING SVCS: VOLUNTEI 501962 3/17/2022 016688 CALIFORNIA WATERSHED ENG DSGN SVCS: FLOOD CONTROL CORP, DBA CWE CHANNEL PW11-10 501963 3/17/2022 017542 COX, KRISTI LYN TCSD INSTRUCTOR EARNINGS 501964 3/17/2022 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: PARK MAINT: PW FUEL FOR CITY VEHICLES: TCSD FUEL FOR CITY VEHICLES: STREET MAI FUEL FOR CITY VEHICLES: TRAFFIC: P) FUEL FOR CITY VEHICLES: BLDG & SAFI FUEL FOR CITY VEHICLES: FIRE DEPT FUEL FOR CITY VEHICLES: LAND DEV: F FUEL FOR CITY VEHICLES: CODE ENFOI 501965 3/17/2022 002577 ENGINEERING RESOURCES, ENG CONSULT SVCS: OVERLAND: OF SOUTHERN CALIF., INC. PW20-11 501966 3/17/2022 010804 FEHRAND PEERS TRANSP DISCOVERY/BENCHMARKING: PLAN Amount Paid Check Total 350.00 350.00 225.00 750.00 225.00 1,200.00 755.30 213.50 120.40 1,089.20 61.96 61.96 123.92 491.25 491.25 2,153.90 2,153.90 49.00 294.00 147.00 147.00 637.00 12,792.50 12,792.50 150.00 150.00 1,297.36 875.07 710.52 319.95 198.31 195.02 181.19 41.07 3,818.49 8,864.00 8,864.00 13,652.63 13,652.63 Page:1 apChkLst Final Check List Page: 2 03/15/2022 2:20:56PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 501967 3/17/2022 022726 FORENSIC NURSING OF SART EXAM: TEM SHERIFF 1,200.00 SOCAL INC SART EXAM: TEM SHERIFF 1,200.00 SART EXAM: TEM SHERIFF 1,200.00 SART EXAM: TEM SHERIFF 800.00 4,400.00 501968 3/17/2022 001937 GALLS LLC Misc equipment: Police: CAP 32.81 32.81 501969 3/17/2022 021365 GEORGE HILLS COMPANY INC FEB CLAIM ADJUSTER SVCS: RISK 2,891.21 MGMT JAN CLAIM ADJUSTER SVCS: RISK MGM 171.90 JAN CLAIM ADJUSTER SVCS: RISK MGM 85.95 3,149.06 501970 3/17/2022 000177 GLENNIES OFFICE PRODUCTS MISC OFC SUPPLIES: CODE 19.69 19.69 INC ENFORCEMENT 501971 3/17/2022 004890 GOLDEN STATE FIRE ANNUAL SPRINKLER INSPECTION: 900.00 PROTECTION LIBRARY ANNUAL SPRINKLER INSPECTIONS: TVE 900.00 ANNUAL SPRINKLER INSPECTIONS: JRC 900.00 ANNUAL SPRINKLER INSPECTIONS: TVN 900.00 ANNUAL SPRINKLER INSPECTIONS: CR( 900.00 ANNUAL SPRINKLER INSPECTIONS: MP: 900.00 ANNUAL SPRINKLER INSPECTION: SAFE 650.00 6,050.00 501972 3/17/2022 013127 JEFFREY STOVER ONSTAGE, TEM PRESENTS: 10TH ANNUAL JAZZ 4,370.80 4,370.80 MUSICALS FESTIVAL 501973 3/17/2022 001282 KNORR SYSTEMS INC MISC PARTS/SUPPLIES: AQUATICS 490.33 490.33 501974 3/17/2022 003726 LIFE ASSIST INC EMERGENCY MEDICAL SUPPLIES: 292.65 FIRE EMERGENCY MEDICAL SUPPLIES: FIRE 150.08 EMERGENCY MEDICAL SUPPLY: MEDIC: 68.51 511.24 501975 3/17/2022 021370 MARK THOMAS AND COMPANY JAN DSGN CONSULTANT SVCS: 3,413.50 3,413.50 INC CHERRY ST EXT 501976 3/17/2022 018675 MDG ASSOCIATES INC FEB CDBG PRGM ADMIN: PLANNING 4,302.50 FEB CDBG-CV EMERGENCY RENTAL AS 1,021.00 FEB CDBG-CV EMERGENCY MORTGAGE 996.00 FEB CDBG-CV ADMIN EMERGENCY REN 450.00 6,769.50 501977 3/17/2022 013827 MIKO MOUNTAINLION INC EXCAVATE VIA LOBO CHANNEL: PW 15,180.00 15,180.00 501978 3/17/2022 004043 MISSION ELECTRIC SUPPLY ELECTRICAL SUPPLIES: PARKS: PW 1,327.96 INC ELECTRICAL SUPPLIES: CRC 874.22 2,202.18 501979 3/17/2022 019019 MUSIC CONNECTION LLC STTLMNT: SPEAKEASY AT THE MERC 505.40 505.40 3/12 Paget apChkLst 03/15/2022 2:20:56PM Final Check List CITY OF TEMECULA Page: 3 Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 501980 3/17/2022 022599 NIEVES LANDSCAPE INC IRRIGATION REPAIRS: P-17 VAIL 772.92 RANCH PK: IRRIGATION REPAIR: M-14 TEM PKWY: P 178.49 IRRIGATION REPAIRS: PR01- PARK & RIC 178.49 IRRIGATION REPAIRS: P-29 WOLF CREE 154.47 1,284.37 501981 3/17/2022 021121 OCCUPATIONAL HEALTH CTR 2/28 MEDICAL SCREENINGS: HR 87.00 87.00 OF CA, DBA CONCENTRA MEDICAL CTR 501982 3/17/2022 021998 OLD TOWN TIRE AND SERVICE VEHICLE MAINT: TEM SHERIFF 264.30 264.30 INC 501983 3/17/2022 022537 REFRIGERATION SUPPLIES, MISC HVAC SUPPLIES: CIVIC CTR 86.05 86.05 DISTRIBUTOR 501984 3/17/2022 002412 RICHARDS WATSON AND JAN 2022 LEGAL SERVICES 12,674.37 GERSHON JAN 2022 LEGAL SERVICES 940.00 JAN 2022 LEGAL SERVICES 377.00 13,991.37 501985 3/17/2022 009213 SHERRY BERRY MUSIC PERF: HUBERT LAWS QUINTET 3/2/22 2,908.50 STAND UP COMEDY @ THE MERC 2/26/2 1,825.00 JAZZ @ THE MERC 3/10/22 315.00 JAZZ @ THE MERC 03/03/22 248.50 5,297.00 501986 3/17/2022 000645 SMART AND FINAL INC REFRESHMENTS: SPECIAL EVENTS: 150.51 150.51 TCSD 501987 3/17/2022 006145 STENO SOLUTIONS FEB TRANSCRIPTION SVCS: TEM 74.34 74.34 TRANSCRIPTION, SRVCS INC SHERIFF 501988 3/17/2022 001546 STRAIGHT LINE GLASS AND WINDOW TINT: STA 95: FIRE 1,218.00 1,218.00 MIRROR, COMPANY INC 501989 3/17/2022 009452 EMPLOYEE #00427 REIMB:SUPPLIES FOR COMMUNITY 108.74 108.74 THEATER 501990 3/17/2022 016311 TIERCE, NICHOLAS GRAPHIC DSGN SERVICES: THEATER 4,440.00 4,440.00 501991 3/17/2022 000668 TIMMY D PRODUCTIONS INC DJ/MC/SOUND SVCS: ART OFF THE 300.00 300.00 WALLS 501992 3/17/2022 021549 EMPLOYEE #00534 REIMB: TEAM PACE 380.61 REIMB: TEAM PACE 108.74 489.35 501993 3/17/2022 021580 TOWNSEND PUBLIC AFFAIRS MAR CONSULTING SRVCS: CITY 6,000.00 6,000.00 INC CLERK Page3 apChkLst Final Check List Page: 4 03/15/2022 2:20:56PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor 501994 3/17/2022 007766 UNDERGROUND SERVICE ALERT, OF SOUTHERN CALIFORNIA 501995 3/17/2022 009194 VILLAGE NEWS, INC 501996 3/17/2022 009101 VISION ONE INC, DBA ACCESSO 501997 3/17/2022 018147 WADDLETON, JEFFREY L. 501998 3/17/2022 008402 WESTERN RIVERSIDE CO REG, CONSERVATION AUTHORITY (Continued) Description Amount Paid Check Total FEB UNDERGRND UTILITY LOCATOR 181.60 ALERTS: PW FEB DIG SAFE BIRD BILLABLE TIX: PW 68.15 249.75 Publication: ED CMO Full Ad 1,485.00 1,485.00 FEB SHOWARE TICKETING SVCS: 2,874.60 THEATER FEB SHOWARE TICKETING SVCS: THEN 193.13 3,067.73 TCSD INSTRUCTOR EARNINGS 616.00 616.00 JAN'22 MSHCP PAYMENT 75,246.80 75,246.80 Grand total for EFT UNION BANK: 206,873.71 Page:4 apChkLst Final Check List Page: 5 03/15/2022 2:20:56PM CITY OF TEMECULA 44 checks in this report. Grand Total All Checks: 206,873.71 Page:5 apChkLst 03/22/2022 3:46:26PM Final Check List CITY OF TEMECULA Page: 1 Bank: eunion EFT UNION BANK Check # Date Vendor Description Amount Paid Check Total 501999 3/24/2022 013015 ALWAYS RELIABLE BACKFLOW REPLACE & REPAIR: 2,890.00 BACKFLOW, AKA NANETTE MEDIANS SEMAN BACKFLOW TESTING: PARKS 260.00 BACKFLOW TESTING: VARIOUS LOCATI( 108.00 3,258.00 502000 3/24/2022 005037 AMERICAN ASPHALT SOUTH CITYWIDE SLURRY SEAL PGM 826.59 826.59 INC PW21-01 502001 3/24/2022 000936 AMERICAN RED CROSS, STAFF/LIFEGUARDS CERTS: 1,104.00 HEALTH AND SAFETY SVCS AQUATICS STAFF/LIFEGUARDS CERTS: AQUATICS 754.00 1,858.00 502002 3/24/2022 013950 AQUA CHILL OF SAN DIEGO MAR DRINKING WTR SYS MAINT: TCC 28.28 MAR DRINKING WTR SYS MAINT: CIVIC ( 212.00 MAR DRINKING WTR SYS MAINT: AQUAT 67.34 MAR DRINKING WTR SYS MAINT: MPSC 34.75 MAR DRINKING WTR SYS MAINT: THEAT 28.28 MAR DRINKING WTR SYS MAINT: INFO T 28.28 MAR DRINKING WTR SYS MAINT: JRC 28.28 MAR DRINKING WTR SYS MAINT: TVM 28.28 MAR DRINKING WTR SYS MAINT: PW 28.28 MAR DRINKING WTR SYS MAINT: TPL 28.28 MAR DRINKING WTR SYS MAINT: FOC 28.28 540.33 502003 3/24/2022 021400 AYERS ELECTRIC INC ELECTRICAL WORK: FIRE STA 84 900.00 ELECTRICAL WORK:CONVIS/PARKING G 800.00 1,700.00 502004 3/24/2022 018408 BOB CALLAHAN'S POOL FEB POOL MAINT: PW FACILITIES 1,150.00 1,150.00 SERVICE 502005 3/24/2022 020436 CRONBERG, RICHARD N TCSD INSTRUCTOR EARNINGS 28.00 28.00 502006 3/24/2022 020648 DG INVESTMENT HOLDINGS 2 CITYWIDE SURVEILLANCE PROJ: 9,450.22 9,450.22 INC, CONVERGINT SOMMERS BEND TECHNOLOGIES 502007 3/24/2022 003945 DIAMOND ENVIRONMENTAL DAMAGE TO FENCE UPON REMOVAL: 185.00 185.00 SRVCS PW Page:1 apChkLst 03/22/2022 3:46:26PM Final Check List CITY OF TEMECULA Page: 2 Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 502008 3/24/2022 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: PARKS 1,659.32 MAINT: PW FUEL FOR CITY VEHICLES: STREET MAI 1,192.17 FUEL FOR CITY VEHICLES: TRAFFIC DIV 689.83 FUEL FOR CITY VEHICLES: BLDG & SAFI 455.00 FUEL FOR CITY VEHICLES: CIP: PW 309.54 FUEL FOR CITY VEHICLES: LAND DEV: P 272.38 FUEL FOR CITY VEHICLES: POLICE DEP 171.89 FUEL FOR CITY VEHICLES: FIRE DEPT 165.71 FUEL FOR CITY VEHICLES: CODE ENFOI 111.99 FUEL FOR CITY VEHICLES: EOC 59.62 5,087.45 502009 3/24/2022 020904 ECONOMIC ALTERNATIVES INC FEB CONDENSER WTR SYS PM: CIVIC 150.31 150.31 CTR 502010 3/24/2022 011202 EMH SPORTS USA INC TCSD INSTRUCTOR EARNINGS 346.50 346.50 502011 3/24/2022 022726 FORENSIC NURSING OF SART EXAM: TEM SHERIFF 1,200.00 1,200.00 SOCAL INC 502012 3/24/2022 013076 GAUDETYVONNE M, DBA YES TCSD INSTRUCTOR EARNINGS 462.00 462.00 YOU CAN DRAW 502013 3/24/2022 000177 GLENNIES OFFICE PRODUCTS MISC OFC SUPPLIES: CENTRAL SVCS 110.18 INC MISC OFC SUPPLIES: PLANNING 12.95 123.13 502014 3/24/2022 004890 GOLDEN STATE FIRE ANNUAL SPRINKLER INSPECTIONS: 900.00 900.00 PROTECTION TCC 502015 3/24/2022 006250 HAZ MAT TRANS INC HAZMAT DISPOSAL: STREET MAINT: 1,549.36 1,549.36 PW 502016 3/24/2022 022671 JFL ELECTRIC INC CNSTRCTN CONTRACT SVCS: FIBER 39,727.40 39,727.40 OPTIC SYS 502017 3/24/2022 000482 LEIGHTON CONSULTING INC GEOTECH & MATLTESTING: MINI 3,132.30 3,132.30 PUMPTRCK 502018 3/24/2022 003726 LIFE ASSIST INC EMERGENCY MEDICAL SUPPLIES: 870.00 MEDIC: FIRE EMERGENCY MEDICAL SUPPLIES: MEDI 265.83 1,135.83 502019 3/24/2022 000944 MCCAIN TRAFFIC SUPPLY INC TRAFFIC SIGNAL CONTROLLERS: 107,271.00 107,271.00 FIBER OPTIC 502020 3/24/2022 018675 MDG ASSOCIATES INC FEB LABOR COMPLIANCE: PW20-08 180.00 180.00 Paget apChkLst Final Check List Page: 3 03/22/2022 3:46:26PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description 502021 3/24/2022 004951 MIKE'S PRECISION WELDING WELDING: HARVESTON LAKE PARK INC ON -CALL WELDING: LONG CANYON PK: 502022 3/24/2022 013827 MIKO MOUNTAINLION INC DRAINAGE REPAIR: RRSP 502023 3/24/2022 004043 MISSION ELECTRIC SUPPLY ELECTRICAL SUPPLIES: CIVIC CTR INC MISC ELECTRICAL LIBRARY: TPL ELECTRICAL SUPPLIES: PARKS: PW ELECTRICAL SUPPLIES: CIVIC CENTER MISC ELECTRICAL SUPPLIES: CIVIC CTF ELECTRICAL SUPPLIES: PARKS: PW ELECTRICAL SUPPLIES: CIVIC CTR ELECTRICAL SUPPLIES: CIVIC CENTER 502024 3/24/2022 004040 MORAMARCO ANTHONY J, TCSD INSTRUCTOR EARNINGS DBA BIGFOOT GRAPHICS 502025 3/24/2022 022599 NIEVES LANDSCAPE INC LANDSCAPE MAINT:SCHOOLS/SPORTS PKS/CRC 502026 3/24/2022 014173 NPG INC DBA, GOLDSTAR WINCHESTER RD ASPHALT ASPHALT PRODUCTS REPAIR/STRIPING 502027 3/24/2022 021998 OLD TOWN TIRE AND SERVICE MAINT ON TRUCK: HOMELESS INC OUTREACH:TCSD VEHICLE MAINT: CODE ENF VEHICLE MAINTENANCE: PARKS/FACILI- VEH MAINT & REPAIR: STREETS: PW 502028 3/24/2022 010338 POOLAND ELECTRICAL, SPLASH PAD CHEMICALS & PARTS PRODUCTS INC 502029 3/24/2022 012904 PROACTIVE FIRE DESIGN AND, CONSULTING 502030 3/24/2022 022537 REFRIGERATION SUPPLIES, DISTRIBUTOR 502031 3/24/2022 003591 RENES COMMERCIAL MANAGEMENT 502032 3/24/2022 002412 RICHARDS WATSON AND GERSHON 502033 3/24/2022 004274 SAFE AND SECURE LOCKSMITH SRVC FEB PLAN REVIEW SVC: PREVENTION: FIRE DE MISC HVAC SUPPLIES: CITY HALL HVAC SUPPLIES: MARGARITA REC CTR HERBICIDE SVCS: CITY CHANNELS: PW FEB HOMELESS ENCAMPMENT CLEAN-1 JAN 2022 LEGAL SERVICES RETROFIT DOORS W/NEW EXIT DEVICE: MPSC Amount Paid Check Total 550.00 180.00 9,800.00 1,034.64 652.28 547.45 388.36 79.19 73.45 53.48 31.37 994.00 72,534.53 304,105.00 985.26 295.75 125.74 60.59 605.52 11,995.90 805.63 464.84 9,550.00 8,325.00 464.00 2,226.63 730.00 9,800.00 2,860.22 994.00 72,534.53 304,105.00 1,467.34 605.52 11,995.90 1,270.47 17, 875.00 464.00 2,226.63 Page3 apChkLst Final Check List 03/22/2022 3:46:26PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor 502034 3/24/2022 009746 SIGNS BY TOMORROW 502035 3/24/2022 013482 SILVERMAN ENTERPRISES INC, DBA BAS SECURITY 502036 3/24/2022 003840 STRONG'S PAINTING Page: 4 (Continued) Description Amount Paid Check Total NOTICE PUBLIC HEARING SIGNS: DIAZ 427.50 427.50 ROAD SECURITY: ROTATING PARKS & REC: 2,839.00 2,839.00 TCSD PAINT SHELTER: HARVESTON LAKE 7,250.00 7,250.00 Grand total for EFT UNION BANK: 617,706.53 Page:4 apChkLst Final Check List Page: 5 03/22/2022 3:46:26PM CITY OF TEMECULA 38 checks in this report. Grand Total All Checks: 617,706.53 Page:5 apChkLst Final Check List Page: 1 03/24/2022 2:53:02PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor Description Amount Paid 13019 3/9/2022 006887 UNION BANK OF CALIFORNIA 014779 TOWN CENTER CLEANERS DRY CLEANING SVC: EOC 216.00 13024 3/9/2022 006887 UNION BANK OF CALIFORNIA 000101 APPLE ONE INC ADDT PHOHE STORAGE: ECO DEV 2.99 000210 LEAGUE OF CALIF CITIES CONF REGISTRATION:CMO -650.00 022852 SITE SELECTORS GUILD INC REGISTRATION: CONFERENCE 2,000.00 13055 3/14/2022 006887 UNION BANK OF CALIFORNIA 010518 SAFE KIDS WORLDWIDE REGIST: CHILD PASSENGER SAFETY: POLICE 95.00 022851 HAVERKAMP & ASSOCIATES 100.00 INC RAINING: PASSENGER SAFETY: POLICE 208451 3/24/2022 019628 9 FINGERS INC, DBA PAND P 246.69 UNIFORMS UNIFORMS: PREVENTION: FIRE DEPT 208452 3/24/2022 005058 EMPLOYEE #00218 REIMB: LOCC CONF 2/2 - 2/4/22 25.13 208453 3/24/2022 007282 AMAZON CAPITAL SERVICES MISC OFCE SUPPLIES: MALL 80.92 INC STOREFRONT:PD 208454 3/24/2022 004623 AQUA SOURCE INC VARIOUS SUPPLIES: AQUATICS 2,446.88 208455 3/24/2022 017149 B G P RECREATION INC TCSD INSTRUCTOR EARNINGS 8,067.72 208456 3/24/2022 011954 BAKER AND TAYLOR INC BOOK COLLECTIONS: RHRPTL: TCSD 928.66 BOOK COLLECTIONS: RHRPTL: TCSD 246.45 BOOK COLLECTIONS: RHRPTL: TCSD 231.65 BOOK COLLECTIONS: RHRPTL: TCSD 200.16 BOOK COLLECTIONS: RHRPTL: TCSD 107.54 BOOK COLLECTIONS: RHRPTL: TCSD 107.35 BOOK COLLECTIONS: RHRPTL: TCSD 72.49 BOOK COLLECTIONS: RHRPTL: TCSD 30.11 BOOK COLLECTIONS: RHRPTL: TCSD 15.58 BOOK COLLECTIONS: RHRPTL: TCSD 15.55 208457 3/24/2022 001323 BLUETRITON BRANDS INC, 02/11-03/10 WTR DLVRY SVC: FOC 71.08 DBA READYREFRESH 1/23-2/22 WTR DLVRY SVC: HARVESTON 19.38 208458 3/24/2022 011348 BONCOR WATER SYSTEMS 03/03-03/30 WTR FILTER: FIRE STA 73 297.50 LLC, DBA SUNSHINE WATER SOFT Check Total 216.00 1,352.99 195.00 246.69 25.13 80.92 2,446.88 8,067.72 1,955.54 90.46 297.50 Page:1 apChkLst Final Check List Page: 2 03/24/2022 2:53:02PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 208459 3/24/2022 000319 BSN SPORTS LLC FIELD SUPPLIES/EQUIPMENT: SOMMERS BEND 208460 3/24/2022 021403 CALIFORNIA MUSIC HALL OF REFUND: CS21-3618 PERMIT FAME CANCELLED 208461 3/24/2022 017867 CAPITOL ENQUIRY 2022 POCKET DIRECTORY CA LEGISLATURE 208462 3/24/2022 016446 CHRISTIAN STITCHERY INC, SPORTS UNIFORMS: SPORTS: TCSD DBA SO CAL IMPRESSIONS SPORTS UNIFORMS: SPORTS: TCSD 208463 3/24/2022 019814 CODE 5 GROUP LLC SLAP ON TRACKERS & SRVC: TEM SHERIFF 208464 3/24/2022 011922 CORELOGIC INC, DBA FEB PROP ID SFTWR: CODE CORELOGIC SOLUTIONS ENFORCMENT 208465 3/24/2022 013379 COSSOU, CELINE TCSD INSTRUCTOR EARNINGS 208466 3/24/2022 014521 COSTAR REALTY MAR'22 WEB SUBSCRIPTION: ECO INFORMATION INC DEV 208467 3/24/2022 001264 COSTCO TEMECULA 491 MISC SUPPLIES: BC: FIRE 208468 3/24/2022 022731 CRISP ENTERPRISES INC, DBA REPROGRAPHIC SVC: MPSC CRISP IMAGING RENOVATION 208469 3/24/2022 002990 DAVID TURCH AND FEB FEDERAL LOBBYING SVCS: CITY ASSOCIATES MGR 208470 3/24/2022 003945 DIAMOND ENVIRONMENTAL PORTABLE RESTROOM: VAIL RANCH SRVCS PARK PORTABLE RESTROOM: LONG CANYON PORTABLE RESTROOM: LA SERENA WA PORTABLE RESTROOM: RIVERTON PAR 208471 3/24/2022 019438 DISPEKER ARTISTS INT'L INC Theater Performance: APR 2, 2022 208472 3/24/2022 022761 ELLIS, BRENDA JEAN ART DEMONSTRATION: RUG HOOKING 208473 3/24/2022 000164 ESGIL LLC SEP PLAN CK SVCS: COMDEV DEPT OCT PLAN CK SVCS: COMDEV DEPT 208474 3/24/2022 021859 EXP US SERVICES INC CONSULT SVCS: SANTA GERTRUDIS CRK TRAIL Amount Paid Check Total 7,967.72 7,967.72 100.00 100.00 22.52 22.52 1,957.50 1,463.23 3,420.73 1,415.00 1,415.00 455.00 455.00 577.50 577.50 1,200.00 1,200.00 271.77 271.77 216.79 216.79 5,500.00 5,500.00 165.88 110.88 110.88 110.88 498.52 5,583.00 5,583.00 150.00 150.00 42,970.01 22,439.95 65,409.96 15,697.31 15,697.31 Paget apChkLst Final Check List Page: 3 03/24/2022 2:53:02PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 208475 3/24/2022 015330 FAIR HOUSING COUNCIL, OF FEB CDBG SUB -RECIPIENT: FAIR RIVERSIDE COUNTY INC HOUSING SVC 208476 3/24/2022 018858 FRONTIER CALIFORNIA INC MAR INTERNET SVCS - SOMMERS BEND 208477 3/24/2022 016184 FUN EXPRESS LLC MISC SUPPLIES: SPECIAL EVENTS: TCSD 208478 3/24/2022 022865 EMPLOYEE #00571 REIMB: SUPPLIES: EOQ 208479 3/24/2022 010452 GAYLORD BROS INC MISC SUPPLIES: TVM/ACE: TCSD MISC SUPPLIES: TVM/ACE: TCSD 208480 3/24/2022 014100 GODS FAN CLUB, DBA CDBG: RENTAL ASSISTANCE: PROJECT TOUCH LLAUSAS 208481 3/24/2022 000186 HANKS HARDWARE INC MISC MAINT SUPPLIES: STREET MAINT: PW MISC MAINT SUPPLIES: OLD TOWN HRDWR SUPPLIES: FIRE STA 12 & 73 MISC MAINT SUPPLIES: THEATER MISC MAINT SUPPLIES: IWTCM MISC MAINT SUPPLIES: TVM MISC MAINT SUPPLIES: MPSC MAINT SUPPLIES: HARVESTON LAKE MISC MAINT SUPPLIES: LIBRARY 208482 3/24/2022 001135 HEALTHPOINTE MEDICAL MEDICAL SCREENINGS: HR GROUP INC, DBA: FIRST CARE INDUSTRIA 208483 3/24/2022 013749 HELIXSTORM INC INFRUSTRUCTURE SUPPORT: INFO TECH SURVEILLANCE SWITCHES SUPPORT: It 208484 3/24/2022 003198 HOME DEPOT HARDWARE SMALL TOOLS: TRAFFIC MAINT 208485 3/24/2022 001091 KEYSER MARSTON FEB FISCAL IMPACT ANALYSIS ASSOCIATES INC REVIEW: PRADO 208486 3/24/2022 019293 KITTRICH CORPORATION K9 food: Tern Sheriff 208487 3/24/2022 000845 NATIONAL LEAGUE OF CITIES 3/1/22-2/28/23 AGENCY MBRSHP DUES 208488 3/24/2022 022863 NPL SOUTHWEST REFUND: BIRDSALL SPORTS PARK SOCCER Amount Paid Check Total 1,876.19 1,876.19 224.28 224.28 6,793.53 6,793.53 526.51 526.51 296.68 252.16 548.84 1,440.00 1,440.00 505.00 202.43 196.74 101.10 46.95 33.68 30.77 14.97 6.62 1,138.26 100.00 100.00 3,000.00 2,156.00 5,156.00 82.64 82.64 2,305.00 2,305.00 117.88 117.88 9,415.00 9,415.00 958.00 958.00 Page:3 apChkLst Final Check List Page: 4 03/24/2022 2:53:02PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 208489 3/24/2022 002176 RANCHO CALIF BUS PKASSOC APR-JUN'22 BUS PKASSN DUE: TVE2 APR-JUN'22 BUS PKASSN DUE: DIAZ RI APR-JUN'22 BUS PKASSN DUE: FOC 208490 3/24/2022 011853 RANCON COMMERCE CNTR APR-JUN'22 BUS PKASSN DUE: STA PH2,3&4 73 APR-JUN'22 BUS PKASSN DUE: OVRLN JAN-MAR'22 BUS PKASSN DUE: OVRLN APR-JUN'22 BUS PKASSN DUE: OVRLN 208491 3/24/2022 022715 RIVERSIDE CO PUBLIC DEC EMERG RADIO RENTALS: POLICE SAFETY, ENTERPRISE COMMUNICATION DEC EMERG RADIO RENTALS: PARK RA 208492 3/24/2022 017699 SARNOWSKI SHAWNA M PHOTOGRAPHY SVCS: ECON DEV PRESTON PROJECTS PHOTOGRAPHY SVCS: ECON DEV PRO, PHOTOGRAPHY SVCS: MRC DEMO: TCS 208493 3/24/2022 017113 SCHOLASTIC LIBRARY MISC BOOKS: RHRTPL: TCSD PUBLISHING, MISC BOOKS: RHRTPL: TCSD 208494 3/24/2022 002503 SOUTH COAST AIR QUALITY, FY21/22 OPERATING FEES: CITY HALL MANAGEMENT DISTRICT FY21/22 FLAT FEE: LAST FY EMISSIONS: 208495 3/24/2022 000519 SOUTH COUNTY PEST PEST CONTROL SVCS: TCC CONTROL INC PEST CONTROL SVCS: STA 95 PEST CONTROL SVCS: FIRE STA 73 PEST CONTROL SVC: CIVIC CENTER 208496 3/24/2022 000293 STADIUM PIZZA INC RFRSHMNTS: HIGH HOPES EVENTS: TCSD 208497 3/24/2022 003000 STATE WATER RESOURCE 401 PERMITAPP FEE: PW16-01: CIP CONTROL, BOARD 208498 3/24/2022 017814 STC TRAFFIC INC FIBER OPTIC COMM SYS UPGRADE P W 18-05 INTERSECTION CONTROL & OPS EVAL: 208499 3/24/2022 015648 STEIN ANDREW, DBA PARKINK PROMOTIONAL ITEMS: THEATER 208500 3/24/2022 009061 STURDIVANT. ANGELA P TCSD INSTRUCTOR EARNINGS 208501 3/24/2022 022473 TAN D G GLOBAL LLC, DBA ST. OLD TOWN CHRISTMAS TREE: TCSD NICK'S 208502 3/24/2022 020275 WALLACE & ASSOC JAN CONSTRUCTION MGMT SVCS: CONSULTING LLC, ANSER PW18-05 ADVISORY MNGMT LLC Amount Paid Check Total 2,234.14 2,033.07 1,843.17 6,110.38 510.71 249.03 208.30 177.27 1,145.31 1,970.28 205.20 2,175.48 300.00 220.00 170.00 690.00 1,065.24 27.38 1,092.62 440.15 142.59 582.74 123.00 80.00 68.00 -59.00 212.00 112.53 112.53 10,079.00 10,079.00 13,212.50 6,570.00 19,782.50 5,584.55 5,584.55 490.00 490.00 15,900.00 15,900.00 12,333.00 12,333.00 Page:4 apChkLst Final Check List Page: 5 03/24/2022 2:53:02PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 208503 3/24/2022 007987 WALMART 208504 3/24/2022 000339 WEST PUBLISHING CORPORATION, DBA:THOMSON REUTERS 208505 3/24/2022 000341 WILLDAN ASSOCIATES INC (Continued) Description Amount Paid Check Total HOSPITALITY & MISC SUPPLIES: 168.31 THEATER: TC MISC SUPPLIES: HELP CENTER:TCSD 167.89 336.20 CLEAR SUBSCRIPTION: TEM SHERIFF 984.53 984.53 JAN TRAFFIC ENG SVCS: PROMENADE 4,979.00 4,979.00 AT RING: Grand total for UNION BANK: 236,732.62 Page:5 apChkLst Final Check List Page: 6 03/24/2022 2:53:02PM CITY OF TEMECULA 58 checks in this report. Grand Total All Checks: 236,732.62 Page6 Item No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: April 12, 2022 SUBJECT: Approve City Treasurer's Report as of October 31, 2021 PREPARED BY: Jordan Snider, Senior Accountant RECOMMENDATION: That the City Council approve and file the City Treasurer's Report as of October 31, 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 October 31, 2021. FISCAL IMPACT: None ATTACHMENTS: City Treasurer's Report as of October 31, 2021 City of Temecula Portfolio Managment Treasury Report 41000 Main Street AW Portfolio Management Temecula, CA 92590 (951)694-6430 Portfolio Summary October 31, 2021 Par Market Book % of Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Managed Pool Accounts 36,207,077.59 36,207,077.59 36,207,077.59 19.97 1 1 0.024 0.025 Retention Escrow Account 666,917.82 666,917.82 666,917.82 0.37 1 1 0.062 0.063 Letter of Credit 2.00 2.00 2.00 0.00 1 1 0.000 0.000 Trust Accounts 17,367,630.72 17,367,630.72 17,367,630.72 9.58 1 1 19.844 20.120 Local Agency Investment Funds 104,066,679.38 104,053,531.70 104,066,679.38 57.40 1 1 0.334 0.339 Federal Agency Callable Securities 18,000,000.00 17,849,500.00 17,997,500.00 9.93 1,598 1,369 0.792 0.803 Federal Agency Bullet Securities 5,000,000.00 5,026,590.00 5,000,000.00 2.76 1,205 537 1.719 1.743 181,308,307.51 181,171,249.83 181,305,807.51 100.00% 193 152 2.224 2.255 Investments Cash Passbook/Checking 2,004,436.51 2,004,436.51 2,004,436.51 1 1 0.000 0.000 (not included in yield calculations) Total Cash and Investments 183,312,744.02 183,175,686.34 183,310,244.02 193 152 2.224 2.255 Total Earnings October 31 Month Ending Fiscal Year To Date Current Year 279,885.33 1,325,649.74 Average Daily Balance 182,659,758.03 181,491,500.48 Effective Rate of Return 1.80% 2.17% Reporting period 10/01/2021-10/31/2021 Portfolio TEME Data Updated: SET_MTH: 03/22/2022 13:19 NL! CP Run Date: 03/22/2022 - 13:19 PM (PRF_PM1) 7.3.0 Report Ver. 7.3.6.1 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments October 31, 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 5,667.18 5,667.18 5,667.18 0.020 0.020 0.020 1 233358006-6 01-2 REF RES First Amer Govt Oblig Fund Cl 503,172.92 503,172.92 503,172.92 0.020 0.020 0.020 1 233358000-6 01-2 REF ST First Amer Govt Oblig Fund Cl 120,046.86 120,046.86 120,046.86 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 517.28 517.28 517.28 0.020 0.020 0.020 1 276213006-6 03-02 RES First Amer Govt Oblig Fund Cl 740,981.04 740,981.04 740,981.04 0.020 0.020 0.020 1 164741002-6 03-03 BOND F First Amer Govt Oblig Fund Cl 122,483.41 122,483.41 122,483.41 0.020 0.020 0.020 1 164741008-6 03-03IMP First Amer Govt Oblig Fund Cl 194,120.05 194,120.05 194,120.05 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 213,533.02 213,533.02 213,533.02 0.020 0.020 0.020 1 164742002-6 03-06 BOND F First Amer Govt Oblig Fund Cl 25,651.45 25,651.45 25,651.45 0.020 0.020 0.020 1 164742000-6 03-06SPEC First Amer Govt Oblig Fund Cl 18,068.05 18,068.05 18,068.05 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 2,587.30 2,587.30 2,587.30 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 17,219.18 17,219.18 17,219.18 0.020 0.020 0.020 1 229462000-6 03-1SPECF First Amer Govt Oblig Fund Cl 121,638.36 121,638.36 121,638.36 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 91,513.45 91,513.45 91,513.45 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 965.89 965.89 965.89 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 6,723,772.97 6,723,772.97 6,723,772.97 0.020 0.020 0.020 1 276213026-6 16-01 RESERV First Amer Govt Oblig Fund Cl 3,153,149.20 3,153,149.20 3,153,149.20 0.020 0.020 0.020 1 276213020-6 16-01 SPECF First Amer Govt Oblig Fund Cl 311,630.96 311,630.96 311,630.96 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 17,958.60 17,958.60 17,958.60 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 76.62 76.62 76.62 0.030 0.030 0.030 1 Data Updated: SET _MTH: 03/22/2022 13:19 Run Date: 03/22/2022 - 13:19 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 October 31, 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 989.39 989.39 989.39 0.020 0.020 0.020 1 218848009-6 2017B_PROJ First Amer Govt Oblig Fund Cl 13,122,810.57 13,122,810.57 13,122,810.57 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: 03/22/2022 13:19 Run Date: 03/22/2022 - 13:19 Portfolio TEME NLI CP PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments October 31, 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 8,155,633.22 8,155,633.22 8,155,633.22 0.020 0.020 0.020 1 164742006-1 03-06 RES-1 CA Local Agency Investment Fun 306,943.20 306,943.20 306,943.20 0.020 0.020 0.020 1 229462007-1 03-1 2012 RE CA Local Agency Investment Fun 816,021.53 816,021.53 816,021.53 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 1,418,865.30 1,418,865.30 1,418,865.30 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 36,202,665.59 36,207,077.59 36,207,077.59 36,207,077.59 0.024 0.025 1 Retention Escrow Account NOBEL COMPANY 3354 Banner Bank 0.00 0.00 0.00 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 666,917.82 666,917.82 666,917.82 0.063 0.062 0.063 1 Subtotal and Average 721,896.84 666,917.82 666,917.82 666,917.82 0.062 0.063 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 17,367,630.72 17,367,630.72 17,367,630.72 20.120 19.844 20.120 1 Subtotal and Average 16,947,182.55 17,367,630.72 17,367,630.72 17,367,630.72 19.844 20.120 1 Local Agency Investment Funds SYSCITY CITY CA Local Agency Investment Fun 48,163,748.58 48,157,663.62 48,163,748.58 0.339 0.334 0.339 1 SYSRDA RDA CA Local Agency Investment Fun 1,892.17 1,891.93 1,892.17 0.339 0.334 0.339 1 Portfolio TEME Data Updated: SET _MTH: 03/22/2022 13:19 NLI CP Run Date: 03/22/2022 - 13:19 PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments October 31, 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 55,901,038.63 55,893,976.15 55,901,038.63 0.339 0.334 0.339 1 Subtotal and Average 100,139,167.28 104,066,679.38 104,053,531.70 104,066,679.38 0.334 0.339 1 Federal Agency Callable Securities 3133EMQGO 01259 Federal Farm Credit Bank 02/10/2021 1,000,000.00 987,090.00 1,000,000.00 0.320 0.316 0.320 1,197 02/10/2025 3133EMK92 01265 Federal Farm Credit Bank 06/23/2021 1,000,000.00 990,770.00 1,000,000.00 0.580 0.572 0.580 1,330 06/23/2025 3133EMN57 01266 Federal Farm Credit Bank 06/28/2021 1,000,000.00 995,700.00 1,000,000.00 0.440 0.434 0.440 970 06/28/2024 3133EMP22 01267 Federal Farm Credit Bank 06/30/2021 1,000,000.00 989,960.00 1,000,000.00 0.910 0.898 0.910 1,702 06/30/2026 3133ENAP5 01273 Federal Farm Credit Bank 10/14/2021 1,000,000.00 994,060.00 1,000,000.00 0.800 0.789 0.800 1,443 10/14/2025 313OAKQ41 01258 Federal Home Loan Bank 01/28/2021 1,000,000.00 983,890.00 1,000,000.00 0.520 0.513 0.520 1,549 01/28/2026 3130ALEU4 01260 Federal Home Loan Bank 02/25/2021 1,000,000.00 990,390.00 1,000,000.00 0.350 0.345 0.350 1,120 11/25/2024 3130ALWV2 01261 Federal Home Loan Bank 04/21/2021 1,000,000.00 995,090.00 1,000,000.00 0.550 1.011 1.025 1,632 04/21/2026 3130AM2V3 01262 Federal Home Loan Bank 04/29/2021 1,000,000.00 996,140.00 1,000,000.00 0.700 0.690 0.700 1,275 04/29/2025 3130AMNMO 01263 Federal Home Loan Bank 05/27/2021 1,000,000.00 993,540.00 1,000,000.00 0.500 0.493 0.500 1,668 05/27/2026 3130AMM90 01264 Federal Home Loan Bank 06/10/2021 1,000,000.00 993,280.00 1,000,000.00 0.500 1.973 2.000 1,682 06/10/2026 3130AN4N7 01268 Federal Home Loan Bank 07/14/2021 1,000,000.00 994,400.00 1,000,000.00 0.720 0.710 0.720 1,351 07/14/2025 3130ANAZ3 01269 Federal Home Loan Bank 07/28/2021 1,000,000.00 990,730.00 1,000,000.00 0.600 0.592 0.600 1,274 04/28/2025 3130AP3M5 01270 Federal Home Loan Bank 09/28/2021 1,000,000.00 993,750.00 1,000,000.00 0.550 0.542 0.550 1,243 03/28/2025 3134GBGZ9 01232 Federal Home Loan Mtg Corp 04/27/2017 1,000,000.00 1,004,320.00 1,000,000.00 2.000 1.964 1.991 87 01/27/2022 3134GXJL9 01257 Federal Home Loan Mtg Corp 12/30/2020 1,000,000.00 981,760.00 1,000,000.00 0.500 0.493 0.500 1,520 12/30/2025 3130APBV6 01271 Union Bank 10/07/2021 1,000,000.00 990,450.00 999,000.00 1.000 1.007 1.021 1,801 10/07/2026 3130APAM7 01272 Union Bank 10/14/2021 1,000,000.00 984,180.00 998,500.00 0.900 0.918 0.931 1,808 10/14/2026 Subtotal and Average 16,966,064.52 18,000,000.00 17,849,500.00 17,997,500.00 0.792 0.803 1,369 Federal Agency Bullet Securities 3133EJT74 01249 Federal Farm Credit Bank 11/15/2018 1,000,000.00 1,001,180.00 1,000,000.00 3.050 3.008 3.050 14 11/15/2021 3133ELMA9 01254 Federal Farm Credit Bank 02/07/2020 1,000,000.00 1,016,710.00 1,000,000.00 1.420 1.401 1.420 644 08/07/2023 3133ELTU8 01256 Federal Farm Credit Bank 03/18/2020 1,000,000.00 1,006,120.00 1,000,000.00 0.920 0.907 0.920 868 03/18/2024 3133ENCA6 01274 Federal Farm Credit Bank 10/25/2021 1,000,000.00 997,790.00 1,000,000.00 0.700 0.690 0.700 1,089 10/25/2024 3130AHF81 01251 Federal Home Loan Bank 10/25/2019 0.00 0.00 0.00 1.600 1.578 1.600 25 10/25/2021 3135GOU92 01250 Federal National Mtg Assn 01/11/2019 1,000,000.00 1,004,790.00 1,000,000.00 2.625 2.589 2.625 71 01/11/2022 Subtotal and Average 5,000,000.00 5,000,000.00 5,026,590.00 5,000,000.00 1.719 1.743 537 Total and Average 182,659,758.03 181,308,307.51 181,171,249.83 181,305,807.51 2.224 2.255 152 Data Updated: SET _MTH: 03/22/2022 13:19 Run Date: 03/22/2022 - 13:19 Portfolio TEME NLI CP PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Cash October 31, 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 20,924.68 20,924.68 20,924.68 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 1,961,931.69 1,961,931.69 1,961,931.69 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2021 17,669.14 17,669.14 17,669.14 0.000 0.000 1 Average Balance 0.00 1 Total Cash and Investments Data Updated: SET _MTH: 03/22/2022 13:19 Run Date: 03/22/2022 - 13:19 182,659,758.03 183,312,744.02 183,175,686.34 183,310,244.02 2.224 2.255 152 Portfolio TEME NL! CP PM (PRF_PM2) 7.3.0 Cash and Investments Report CITY OF TEMECULA Through October2021 Fund # Fund Name Beginning Balance Receipts Disbursements Fund Total 001 GENERAL FUND $ 43,764,654.98 $ 11,456,724.26 $ 12,319,143.12 $ 42,902,236.12 002 MEASURE S FUND 22,046,815.43 3,673,835.58 102.17 25,720,548.84 100 STATE GAS TAX FUND 875,269.82 281.96 - 875,551.78 102 RMRA-ROAD MAINTENANCE REHABILITATION ACT 1,952,259.97 212,784.17 8.60 2,165,035.54 103 STREETS MAINTENANCE FUND 3,960,813.25 1,595.38 15.74 3,962,392.89 106 UPTOWN TEMECULA NEW STREETS IN LIEU FEES 895,234.56 422.80 3.56 895,653.80 108 ARPA 7,039,753.50 - - 7,039,753.50 120 DEVELOPMENT IMPACT FUND 3,754,629.11 707,501.66 17.73 4,462,113.04 125 PEG PUBLIC EDUCATION & GOVERNMENT 621,532.07 608.99 12,969.09 609,171.97 145 TEMECULA ENERGY EFFICIENCY ASSET TEAM 839,541.58 396.50 3.34 839,934.74 150 AB 2766 FUND 171,929.50 74.14 0.68 172,002.96 160 SUPPLEMENTAL LAW ENFORCEMENT SERVICES 86,652.83 112,617.00 - 199,269.83 161 TEMECULA MAJOR CRIMES REWARD FUND 27,195.36 12.84 0.11 27,208.09 165 AFFORDABLE HOUSING 2,023,220.90 977.84 14,993.63 2,009,205.11 170 MEASURE A FUND 9,424,372.37 587,927.44 1,297,534.94 8,714,764.87 190 TEMECULA COMMUNITY SERVICES DISTRICT 1,477,878.96 241,804.39 759,926.76 959,756.59 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 714,897.91 7,703.66 22,641.89 699,959.68 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 173,421.96 53,942.97 4,248.11 223,116.82 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 27,349.83 129.44 0.11 27,479.16 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 398,183.41 589.36 18,728.62 380,044.15 197 TEMECULA LIBRARY FUND 598,758.59 4,100.14 36,474.59 566,384.14 198 PUBLIC ART 94,441.21 9,146.94 0.41 103,587.74 210 CAPITAL IMPROVEMENT PROJECT FUND 10,925,565.73 1,628,082.74 1,534,324.41 11,019,324.06 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 211,399.74 11.35 0.07 211,411.02 277 CFD-RORIPAUGH 8,295,302.11 5,031.21 0.57 8,300,332.75 278 CFD-RORIPAUGH II 6,723,662.43 110.54 - 6,723,772.97 300 INSURANCE FUND 1,205,968.44 433.05 14,598.03 1,191,803.46 305 WORKER'S COMPENSATION 1,888,544.21 20,928.83 35,950.30 1,873,522.74 310 VEHICLES AND EQUIPMENT FUND 2,235,456.14 948.69 8.88 2,236,395.95 320 INFORMATION TECHNOLOGY 1,660,147.08 504.26 355,266.10 1,305,385.24 325 TECHNOLOGY REPLACEMENT FUND 1,744,190.46 757.88 6.93 1,744,941.41 330 CENTRAL SERVICES 25,356.85 658.09 21,805.79 4,209.15 335 CENTRAL SERVICES 327,600.79 146.11 1.30 327,745.60 340 FACILITIES 718,672.08 304.20 112,230.14 606,746.14 350 FACILITY REPLACEMENT FUND 128,291.85 29.63 0.51 128,320.97 380 SARDA DEBT SERVICE FUND 13,141,630.89 217.06 - 13,141,847.95 381 REDEVELOPMEN PROPERTY TAX TRUST 2,732,100.62 1,290.82 10.86 2,733,380.58 460 CFD 88-12 DEBT SERVICE FUND 95,377.35 45.04 0.38 95,422.01 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 661,737.47 824.27 2,299.65 660,262.09 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,657,565.72 513.05 5,522.86 1,652,555.91 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 4,995.14 2.36 0.02 4,997.48 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 1,807,566.37 893.96 2,908.15 1,805,552.18 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 389,210.27 205.47 2,709.17 386,706.57 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 860,292.41 25.76 2,873.68 857,444.49 478 CFD-RORIPAUGH II 3,493,237.35 70.22 2,399.14 3,490,908.43 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 8,470.12 5.87 2,907.02 5,568.97 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 107,313.12 52.24 2,260.47 105,104.89 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 40,142.85 21.44 2,864.24 37,300.05 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 3,841.67 2.10 375.49 3,468.28 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 25,014.63 14.02 3,494.66 21,533.99 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 34,384.77 17.15 1,197.92 33,204.00 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 7,782.79 4.42 1,089.26 6,697.95 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 91,203.42 49.02 13,922.67 77,329.77 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 30,675.45 14.65 174.55 30,515.55 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 12,490.58 6.59 590.78 11,906.39 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 3,613.61 1.80 150.44 3,464.97 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 105,024.84 53.30 9,592.30 95,485.84 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP 25,483.63 13.82 2,124.87 23,372.58 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 10,107.49 5.52 1,089.70 9,023.31 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 10,907.84 5.56 527.80 10,385.60 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 63,744.18 31.14 1,491.09 62,294.23 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 1,997.03 1.04 129.23 1,868.84 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 50,209.30 27.51 5,631.95 44,604.86 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 78,553.55 40.08 4,098.97 74,494.66 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 212,915.32 108.37 14,468.84 198,554.85 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 161,496.87 88.79 17,201.38 144,384.28 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 10,101.06 4.97 372.65 9,733.38 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 22,865.76 11.05 344.79 22,532.02 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 31,356.45 23.00 9,754.51 21,624.94 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 64,063.28 32.20 3,386.86 60,708.62 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 1,698.42 0.88 175.78 1,523.52 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 7,630.70 4.17 649.88 6,984.99 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 605,188.92 302.96 20,163.73 585,328.15 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 4,873.91 2.55 276.92 4,599.54 530 SERVICE LEVEL"C"ZONE 30 FUTURE ZONES 36,289.09 17.14 0.14 36,306.09 701 PENSION RATE STABILIZATION FUND $ 16,933,167.61 434,463.11 - $ 17,367,630.72 Grand Total: $ 180,705,286.86 $ 19,170,638.51 $ 16,700,239.03 $ 183,175,686.34 Journal Entries completed after September's Treasurer's Report was issued are reflected In the Receipts / Disbursements columns. Item No. 5 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: April 12, 2022 SUBJECT: Adopt Ordinance 2022-06 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 (Second Reading) PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council adopt an ordinance entitled: ORDINANCE NO. 2022-06 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) 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. 2022-06 was first introduced at the regularly scheduled meeting of March 22, 2022. FISCAL IMPACT: None ATTACHMENTS: Ordinance ORDINANCE NO.2022-06 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) 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. 2 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. 3 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. — 10:00 p.m. Daily Class II 7:00 a.m. — 10:00 p.m. Daily 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 - - - Rest ,,,. r o �; , o�� 44Rhme tsl P P- P- P- P P- P- s and E)th - C C E - E E Restaurant (bona fide public eating establishment) without alcohol: P_ P_ P_ P_ P_ P_ P_ Restaurant (bona fide public eating establishment) with Beer & Wine Salesi P' P' P' P' P' P' P' Restaurant (bona fide public eating establishment) with Beer, Wine & Distilled' C1 — C1 — C' C' C' C' C' Spirits Restaurant (bona fide public eating establishment) with Entertainment (not - PI, 9 PI, 9 PI, 9 - P', 9 P', 9 including dancing)'° 9 Restaurant (bona fide public eating establishment) with Entertainment and/or P''9 P''9 P''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 12th day of April, 2022. 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. 2022-06 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 12th day of April, 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: 33 Randi Johl, City Clerk Item No. 6 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: April 12, 2022 SUBJECT: Adopt Ordinance 2022-07 Amending Section 2.04.020 of the Temecula Municipal Code Relating to the Time of City Council Meetings (Second Reading) PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council adopt an ordinance entitled: ORDINANCE NO. 2022-07 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: 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. 2022-07 was first introduced at the regularly scheduled meeting of March 22, 2022. FISCAL IMPACT: None ATTACHMENTS: Ordinance ORDINANCE NO.2022-07 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 12t" day of April, 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. 2022-07 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 12th day of April, 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Item No. 7 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Isaac Garibay, Director of Human Resources & Risk Management DATE: April 12, 2022 SUBJECT: Approve Governing Body Resolution Designating Certain City Officials to Execute Applications and Documents for the Purposes of Obtaining Grant Funding Through the Department of Homeland Security and Sub -Granted Through the State of California and Riverside County PREPARED BY: Mikel Alford, Emergency Manager RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DESIGNATING AND AUTHORIZING CERTAIN CITY OFFICIALS TO EXECUTE APPLICATIONS AND DOCUMENTS FOR THE PURPOSES OF OBTAINING FEDERAL FINANCIAL ASSISTANCE PROVIDED BY THE FEDERAL DEPARTMENT OF HOMELAND SECURITY AND SUB -GRANTED THROUGH THE STATE OF CALIFORNIA AND THE COUNTY OF RIVERSIDE BACKGROUND: To be eligible to receive financial assistance established under the Federal Emergency Management Agency's (FEMA) Emergency Management Performance Grant (EMPG) and the State Homeland Security Grant Program (SHSP), the State of California requires a resolution adopted by the City Council that designates certain city officials as eligible to apply for and receive federal financial assistance under the above -mentioned grant programs. To that end, staff is recommending that the City Council adopt a resolution which would authorize the City Manager, or his/her designee, to execute and submit FEMA and SHSP Grants for, and on behalf of the City of Temecula. FISCAL IMPACT: There is no fiscal impact with the passing of this resolution. ATTACHMENTS: Resolution RESOLUTION NO.2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DESIGNATING AND AUTHORIZING CERTAIN CITY OFFICIALS TO EXECUTE APPLICATIONS AND DOCUMENTS FOR THE PURPOSES OF OBTAINING FEDERAL FINANCIAL ASSISTANCE PROVIDED BY THE FEDERAL DEPARTMENT OF HOMELAND SECURITY AND SUB -GRANTED THROUGH THE STATE OF CALIFORNIA AND THE COUNTY OF RIVERSIDE WHEREAS, the City Council of the City of Temecula heretofore adopted Resolution No. 2022-XX designating and authorizing certain City officials to execute said applications and documents; and WHEREAS, the California Governor's Office of Emergency Services requires that the Temecula City Council adopt Resolution No. 2022-XX in order to be eligible to apply for and receive federal financial assistance provided by the federal Department of Homeland Security and sub -granted through the State of California and the County of Riverside Emergency Management Department; and WHEREAS, the City of Temecula desires to continue to accept the State Homeland Security Program (SHSP) and Emergency Management Program Grant (EMPG) grants for grant years 2020, 2021, and 2022. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Manager, or his/her designee, are hereby authorized to execute and submit for and on behalf of the City of Temecula, a local government established under the laws of the State of California, applications and other related documents, including agreements amendments, extensions, and grant award documents, for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and sub -granted through the State of California. SECTION 2. That this authorization shall be in effect for the duration of the FY 20-21, FY 21-22, and FY 22-23 grant periods of the SHSP and EMPG. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of April, 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 12th day of April, 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Item No. 8 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Erica Russo, Director of Community Services DATE: April 12, 2022 SUBJECT: Approve Sponsorship Agreement with Veterans of Foreign Wars, Temecula Valley VFW Post #4089 for the 2022 Memorial Day Observance PREPARED BY: Dawn Adamiak, Community Services Superintendent RECOMMENDATION: That the City Council approve the Sponsorship Agreement with Veterans of Foreign Wars, Temecula Valley VFW Post #4089 for in -kind support valued at $700 in City support services and $11,415 in promotional services for the 2022 Memorial Day Observance. BACKGROUND: Staff received a sponsorship request from Veterans of Foreign Wars, Temecula Valley VFW Post #4089 to provide City support for the 2022 Memorial Day Observance to be held May 30, 2022. This same request was approved for the 2019 Memorial Day Observance event. The mission of Veterans of Foreign Wars, Temecula Valley Post #4089 is to foster camaraderie among United States veterans of overseas conflicts; to serve our veterans, the military, and our communities; and to advocate on behalf of all veterans. The Memorial Day Observance will include a short program, Presentation of Colors, dignitary remarks and recognition of Gold Star parents. Due to the nature of the event, it is permitted to take place at the Fallen Heroes Memorial at the Temecula Duck Pond. FISCAL IMPACT: The City staff support costs of $700 and in -kind promotional services of $11,415 are included in the Fiscal Year 2021-22 Operating Budget of the various supporting departments. ATTACHMENTS: Agreement SPONSORSHIP AGREEMENT BETWEEN CITY OF TEMECULA AND VETERANS OF FOREIGN WARS, TEMECULA VALLEY VFW POST #4089 THIS AGREEMENT is made and effective as of this 12th day of April, 2022, by and between the City of Temecula a municipal corporation (hereinafter referred to as "City"), and Veterans of Foreign Wars, Temecula Valley VFW Post #4089, 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 the Memorial Day Observance (hereinafter referred to as the "Event") on May 30, 2022. The Event is a special event which is located at the Temecula Duck Pond. The Temecula Duck Pond is approved due to the nature of the event and the Fallen Hereos Memorial located at this site. b. The Event includes a short program including Presentation of Colors, dignitary remarks and recognition of Gold Star Parents. C. Alcohol will not be served. d. The City desires to be a Co -Sponsor of the Event. 2. TERM This Agreement shall commence on April 12, 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 Seven Hundred Dollars and No Cents ($700.00) and in -kind promotional services valued at an amount not to exceed Eleven Thousand Four Hundred Fifteen Dollars and No Cents ($11,415.00), as listed in Exhibit B, the City of Temecula shall be designated as a Co -Sponsor of the Event. As a Co -Sponsor the City shall receive sponsor benefits as listed in Exhibit A. 4. WRITTEN REPORT Within ninety (90) days after the conclusion of the Event, the Nonprofit shall prepare and submit to the Assistant City Manager a written report evaluating the Event, its attendance, media coverage, and description of the materials in which the City has listed as a Co -Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc., in a presentation notebook format. In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event must be included in such a written report. 5. PERMITS The Nonprofit shall file an application for a Special Event Permit with the City no later than sixty (60) days prior to the first day of the Event. The City retains its governmental jurisdiction to determine 08/09/2021 whether to issue the permits and the nature and scope of Conditions of Approval_ The Nonprofit shall comply with all conditions of approval for the Special Event Permit, or any other City -issued permits. Failure to comply with the Conditions of Approval of such permits shall constitute a default of this Agreement and is grounds for termination of this Agreement. 6. MEETING ATTENDANCE The Nonprofit shall attend all City pre -event planning meetings and event recap meetings if warranted. 7. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Nonprofiit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. 8. INSURANCE The Nonprofit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by 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 0106 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) Workers Compensation insurance as required by the State of California and Employee'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. 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. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agencythat it has no 08/0912021 employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the NonProfit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acce tabili 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 Coveraq . 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. 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 08/09/2021 interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 10. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section. 11. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 12. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Recipient: Veterans of Foreign Wars, Temecula Valley VFW Post #4089 Attn: John Hernandez 28075 Diaz Road Temecula, CA 92590 1S. 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 Nonprofiit'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. O0109/2021 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. 0510912021 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA VETERANS OF FOREIGN WARS, TEMECULA VALLEY VFW POST 94089 (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Matt Rahn, Mayor "Ommander VFW enior Vice istrict 3 ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: B on Lively, gk4or Vice Commander VFW Post 4089 By: Peter M. Thorson, City Attorney NONPROFIT Veterans of Foreign Wars, Temecula Valley VFW Post #4089 Attn: John Hernandez 28075 Diaz Road Temecula, CA 92590 johnhernandezvfwftmail.com 6 City Purchasing Mgr. Initials and Date: 08/09/2021 EXHIBIT "A" CITY OF TEMECULA SPONSORSHIP BENEFITS CO-SPONSOR Veterans of Foreign Wars, Temecula Valley VFW Post #4089 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 *"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. =09f2021 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 Memorial Day Observance event. The following expenses can be anticipated for the event: Public Works: $ 300.00 Community Services: 5 400.00 TOTAL: $ Zoo.ao 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 Memorial Day Observance is as follows: Item Auto Mall Marque Appears approximately once every 4'/2 minutes Cable Channel Event slide appears approximately once per hour for 30 seconds City Website Event Listing on the City of Temecula's event calendar Promotional Poster 42X66 poster displayed in the concourse at the Civic Center TOTAL VALUE Value $ 3,115.00 $ 5,100.00 $ 2.200.00 $ 1,000.00 8 08/09/2021 Item No. 9 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Michael Heslin, Director of Information Technology and Support Services DATE: April 12, 2022 SUBJECT: Approve Second Amendments to Agreements with Convergint Technologies, LLC, for the Purchase, Installation, and Maintenance of a Citywide Surveillance System RECOMMENDATION: That the City Council: 1. Approve the Second Amendment to the Purchase and Installation Agreement with Convergint Technologies, LLC, extend the term to May 22, 2025, increase the amount of the contract by $2,000,000, plus contingency of $200,000, for citywide surveillance system expansion and enhancements, bringing the total agreement amount to $7,656,035; and 2. Approve the Second Amendment to the Maintenance Work Agreement with Convergint Technologies, LLC, increase the amount of the contract by $1,000,000, plus contingency of $100,000, for citywide surveillance system maintenance and repairs, bringing the total agreement amount to $2,240,819, for a term of five years beginning April 12, 2022. BACKGROUND: On May 22, 2018, City Council approved agreements for the Purchase and Installation and Maintenance Work for the Citywide Surveillance System. On May 1, 2020, the City Manager approved the First Amendment to the Purchase and Installation Agreement to add scope of work, extend the term and increase the payment amount. On June 3, 2020, the City Manager approved the First Amendment to the Maintenance Work Agreement to add scope of work and increase the payment. The second amendment to the purchase and installation agreement is to install surveillance and security systems in Council approved Capital Improvement Program (CIP) and Annual Operating Budget (AOB) projects. These sites include the city parks, recreation centers, museums, and traffic intersections. These projects may include but are not limited to; security systems design work, network switches and cabling, servers and storage, security software, access control, intercom, and installation of cameras. FISCAL IMPACT: The Citywide Surveillance Camera Project is included in the Capital Improvement Program (CIP) for Fiscal Years 2022-26. CIP Projects include funding for the installation of surveillance equipment as part of the construction of those specific facilities. These include the parks, recreation centers, museums, and traffic intersections. Additionally, funds are budgeted in the annual operating budget and programmed for citywide security projects. The second amendment to the maintenance work agreement is for operational needs including hardware, software, preventative maintenance, licensing, and repairs. These costs are budgeted in the annual operating budget. ATTACHMENTS: 1) Second Amendment to Purchase and Installation Agreement 2) Second Amendment to Maintenance Work Agreement SECOND AMENDMENT TO CITYWIDE SURVEILLANCE SYSTEM PURCHASE AND INSTALLATION AGREEMENT BETWEEN CITY OF TEMECULA AND CONVERGINT TECHNOLOGIES, LLC. THIS SECOND AMENDMENT is made and entered into as of April 12, 2022 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Convergint Technologies, LLC., a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On May 22, 2018, the City and Contractor entered into that certain Agreement entitled "Citywide Surveillance System Purchase and Installation Agreement Between City of Temecula and Convergint Technologies, LLC.," in the amount of $4,050,941. b. On May 1, 2020, the City and Contractor entered into the First Amendment to that certain Agreement entitled Citywide Surveillance System Purchase and Installation Agreement Between the City of Temecula and Convergint Technologies, LLC.," to add scope of work, extend the term of the agreement to May 22, 2023, increase the payment in the amount of $1,000,000, and to add the contingency in the amount of $405,094 C. The parties now desire to extend the term of the agreement to May 22, 2025, increase the payment in the amount of $2,000,000, increase the contingency in the amount of $200,000, and to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than May 22, 2025, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PURCHASE / INSTALLATION PRICE" is hereby amended to read as follows: The City agrees to pay Contractor the sum of Seven Million, Fifty Thousand, Nine Hundred Forty -One Dollars ($7,050,941) plus contingency in the amount of Six Hundred Five Thousand, Ninety -Four Dollars ($605,094) for a total Agreement amount of Seven Million, Six Hundred Fifty -Six Thousand, Thirty -Five Dollars ($7,656,035) for the Work, including equipment and installation. The Purchase Price is final and shall be paid by City to Contractor in accordance with Exhibit B, Payment Rates and Schedule. Contractor shall invoice the City for the work completed under Exhibit A, Scope of Work, and City will pay the undisputed portion of the invoice within thirty (30) days after the date of the invoice. 08/09/2021 4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 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 Peter M. Thorson, City Attorney CONVERGINT TECHNOLOGIES, LLC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Ken Lochiatto, CEO By: CONTRACTOR Convergint Technologies, LLC. Attn: Fabian Escalante, Sr. Account Executive 1667 N. Batavia Street Orange, CA 92867 Phone: (714) 546-2780 E-Mail: fabian.escalante@convergint.com City Purchasing Mgr. InitialsAnd Date: 08/09/2021 4 ATTACHMENT A EXHIBIT B The rates below will apply for additional purchase and installation projects completed by Contractor. Convergint has prepared the below listed fixed rates for municipal customers. All on -site service calls will be billed with a 2 hour minimum and will require a truck charge. Remote service calls will be billed with a 1-hour minimum. All work requiring a bucket truck will require 2-man crew for safety and will require a bucket truck charge. Technician: $165/hour Specialist: $170/hour Truck charge: $70/day Bucket Truck: $250/day Rates may be adjusted annually subject to a 3% annual increase. 08/09/2021 October 2019 Written Consent of the Managers of Convergint Technologies LLC The undersigned, representing the Managers of Convergint Technologies LLC, a Delaware Limited Liability Company, having rights found within the Operating Agreement entered into on the 25" day of May, 2001, in lieu of holding a meeting, do hereby consent to the following resolutions: 1. Appointment of Officers It is Resolved that as of the date hereof, the incutnbent of of'the LLC are hereby removed, and the, following o f cers are hereby elected, each to serve in the office set forth opposite his or her name below, until his or her successor is ditly elected and shall have qualified or until his or her earlier death, resignation or removal. Dan Moceri Executive Chairman Ken Lochiatto CEO Jim Boutwell President/COO Kathryn Ingraham Vice President, General Counsel and Secretary Alan Bergschneider Vice President, CFO and Treasurer Mike Mathes Executive Vice President Sean Flint Executive Vice President Tony Varco Vice President, Security & Marketing Barry Yatzor Vice President, Fire Alarm and Life Safety Bliuvana Badrinathan Vice President and CIO Laura Mueller Vice President of Human Resources Walter W. Winkel III Vice President Jeff Rogers Vice President Mike Singer Vice President Mike Brunsen Vice President William Gannet Vice President Tim Beasley Vice President Lawrence Hillman Vice President Jim Kishish Vice President Dave Vitullo Vice President Jim Maymon Vice President Dave Patterson Vice President Jeff Holland Vice President Convergint Technologies LLC October 2019 Manager's Meeting Page 2 Mike Brant Kevin Donegan Mike Duncan Eric Yunag Bill Casali Scott Strange Vice President Vice President of Strategy Vice President of Global Accounts Vice President of Strategic initiatives Assistant Secretary Assistant Secretary 2. Signing Authority for: Convergint Technologies LLC It is resolved that the following signing authority is hereby ratified, adopted and approved: Real property leases and amendments thereto shall be vested in each of the following two individuals: • Vice President/General Counsel, • Vice President/CFO, Vendor and distributor agreements shall be vested in each of the following: • Executive Chairman, • CEO, • President/COO, • Vice President/General Counsel, • Vice President/CFO, • Barry Yatzor-VicePresident, Fire Alarm and Life Safety, • Tony Varco- Vice President, Security Non -disclosure agreements shall be vested in: • Executive Chairman, • CEO, • President/COO, • Executive Vice President, • Vice President/General Counsel, • Vice President/CFO, • Any one of the Vice Presidents listed above in Section 1, • Kevin Sheridan, Director of Financial Institution Services • Henry Kedzierski, Director of Credit & Accounts Payable • Amir Sheclrter, Director Advance Solutions — Enterprise Services • Scott Strange, Assistant Secretary Total approved customer contracts with a value equal to or over $1OMshall be vested in: Any two of.'- • Executive Chairman, • CEO, • President/COO, • Executive Vice President, • Vice President/General Counsel, • Vice President/CFO, Convergint Technologies LLC October 2019 Manager's Meeting Page 3 Total approved customer contracts with a value up to $IOMshall be vested in: Any one of: • Executive Chairman, • CEO, • President/COO, • Executive Vice President, ■ Vice President/General Counsel, • Vice President/CFO, Total approved customer contracts with value up to $1,000,000 shall be vested in: • Any one of the Vice Presidents listed above in Section I Total approved customer contracts with value up to S 00, 000 shall be vested in. • Any General Manager • Business Development Manager — Dino DeRose Total approved customer contracts with value up to SI00,000 shall be vested in: • Any Operations Manager • Director, Acquisitions Operations —Andy Gross • Operations Supervisor — Geri Smith • Operations Supervisor — Joe Sena • Technical Operations Manager —Nick Sink • Technical Operations Manager — Timothy Davis • Service Manager — Chris Parris • Service Manager — Tim Pugh • Service Manager — Michael Maggio • Service Operations Manager — Ryan Mount • Installation Manager — Mike Semonella • Office and Contracts Manager Seattle — Shana Hon ■ Contracts Manager — Christine Riker ■ Sales Manager — Kris Painter ■ Sales Manager— Stephanie Meltrer • Region Service Manager — Keith Johnson • Service Supervisor — Jared Schroeder Signing authority for customer contracts includes related ancillary, documents such as RFPs/bids, work orders, change orders, lien releases. 3. Delegation of Authority It is resolved, that the CEO, President, CFO and General Counsel have the authority to reasonably delegate signing authority to certain individuals as authorized signatories of the Company to execute and deliver commercial contracts and other documents necessary for the operations of the Company, subject in each case to all directions and/or limitation imposed by the CEO, President, CFO and General Counsel (as applicable) in connection with such delegation. Convergint Technologies LLC October 2019 Manager's Meeting Page 4 4. 401k Meeting The Investment Plan Committee shall consist of the following members: Ken Lochiatto, Alan Bergschneider and Leslie Evans, 5. Ratification ❑f Prior acts: It is resolved, that all actions of the Managers and Officers taken on behalf of the LLC since the last meeting are hereby ratified, adopted and approved in writing. 6. Waiver of Notice: It is resolved, that the undersigned Managers hereby waive any notice or right to object to any of the actions taken or approved hereby. [SIGNATURE PAGE TO FOLLOW] Convergint Technologies LLC October 2019 Manager's Meeting Page 5 Dated as of this 1st day of October, 2019. Managers -J�04�2 Ken Lochiauo i-y" i Js utwell an l;crgsrhneider �__._ SECOND AMENDMENT CITYWIDE SURVEILLANCE SYSTEM MAINTENANCE WORK AGREEMENT BETWEEN CITY OF TEMECULA AND CONVERGINT TECHNOLOGIES, LLC. THIS SECOND AMENDMENT is made and entered into as of April 12, 2022, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Convergint Technologies, LLC., a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with the respect to the following facts and purposes: a. On May 22, 2018, the City and Contractor entered into that certain Agreement entitled "Citywide Surveillance System Maintenance Work Agreement Between the City of Temecula and Convergint Technologies, LLC.," in the amount of $473,742. b. On June 3, 2020, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Citywide Surveillance System Maintenance Work Agreement Between the City of Temecula and Convergint Technologies, LLC.," to add scope of work and increase the amount of the contract by $620,000 for citywide surveillance system maintenance and repairs, bringing the total agreement amount to $1,141,089. C. The parties now desire to increase the payment in the amount of $1,000,000, increase the contingency in the amount of $100,000 and to amend the Agreement as set forth in this Amendment. 2. Section 4 of the Agreement entitled "COST OF MAINTENANCE WORK" is hereby amended to read as follows: The City agrees to pay Contractor the sum of One Million Dollars ($1,000,000) plus contingency in the amount of One Hundred Thousand Dollars ($100,000) for a total Agreement amount of Two Million, Two Hundred Forty-one Thousand, Eighty-nine Dollars ($2,241,089). Contractor shall invoice the City for the work completed under Exhibit A, Scope of Work, and City will pay the undisputed portion of the invoice within thirty (30) days after the date of the invoice. 3. Exhibits "A" and "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full in Exhibits A and B. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 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: Peter M. Thorson, City Attorney CONVERGINT TECHNOLOGIES, LLC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: c7 en, Lochiatto, CEO By: CONTRACTOR Convergint Technologies, LLC. Attn: Fabian Escalante, Sr. Account Executive 1667 N. Batavia Street Orange, CA 92867 Phone: (714) 546-2780 E-Mail: fabian.escalante@convergint.com City Purchasing Mgr. Initials and Date: 08/09/2021 ATTACHMENT A EXHIBIT A Maintenance On Additional Equipment Any cameras in addition to the original 483, that are installed by Contractor will be included within the maintenance Agreement, covered by the Preventative Maintenance program and subject to payment rates defined in Exhibit B, Payment Rates and Schedule. Additional licensing, maintenance, and repairs on software, equipment, and infrastructure will be billed according to the rates set forth in Exhibit B, Payment Rates and Schedule. EXHIBIT B Convergint has prepared the below listed fixed rates for municipal customers. All on -site service calls will be billed with a 2 hour minimum and will require a truck charge. Remote service calls will be billed with a 1-hour minimum. All work requiring a bucket truck will require 2-man crew for safety and will require a bucket truck charge. Technician: $165/hour Specialist: $170/hour Truck charge: $70/day Bucket Truck: $250/day Rates may be adjusted annually subject to a 3% annual increase. 08/09/2021 i October 2019 Written Consent of the Managers of Convergint Technologies LLC The undersigned, representing the Managers of Convergint Technologies LLC, a Delaware Limited Liability Company, having rights found within the Operating Agreement entered into on the 25" day of May, 2001, in lieu of holding a meeting, do hereby consent to the following resolutions: 1. Appointment of Officers It is Resolved that as of the date hereof,' the incumbent of of 'the LLC are hereby removed, and the follovving officers are hereby elected, each to serve in the office set forth opposite his or her name belmr, until his or her successor is dzdy elected and shall have qualified or until his or her earlier death, resignation or removal. Dan Moceri Executive Chairman Ken Lochiatto CEO Jim Boutwell President/COO Kathryn Ingraham Vice President, General Counsel and Secretary Alan Bergschneider Vice President, CFO and Treasurer Mike Mathes Executive Vice President Sean Flint Executive Vice President Tony Varco Vice President, Security & Marketing Barry Yatzor Vice President, Fire Alarm and Life Safety Bhuvana Badrinathan Vice President and CIO Laura Mueller Vice President of Human Resources Walter W. Winkel III Vice President Jeff Rogers Vice President Mike Singer Vice President Mike Brunsen Vice President William Gannet Vice President Tim Beasley Vice President Lawrence Hillman Vice President Jim Kishish Vice President Dave Vitullo Vice President Jim Maymon Vice President Dave Patterson Vice President Jeff Holland Vice President e Convergint Technologies LLC October 2019 Manager's Meeting Page 2 Mike Brant Kevin Donegan Mike Duncan Eric Yunag Bill Casali Scott Strange Vice President Vice President of Strategy Vice President of Global Accounts Vice President of Strategic Initiatives Assistant Secretary Assistant Secretary 2. Signing Authority for: Convergint Technologies LLC It is resolved that the,fbllowing signing authority is hereby ratified, adopted and approved: Real property leases and amendments thereto shall be vested in each of the following two individuals: • Vice President/General Counsel, • Vice President/CFO, Vendor and distributor agreements shall be vested in each of the following: • Executive Chairman, • CEO, • President/COO, • Vice President/General Counsel, ■ Vice President/CFO, • Barry Yatzor- Vice President, Fire Alarm and Life Safety, • Tony Varco- Vice President, Security Non -disclosure agreements shall be vested in: • Executive Chairman, • CEO, • President/COO, • Executive Vice President, • Vice President/General Counsel, • Vice President/CFO, ■ Any one of the Vice Presidents listed above in Section 1, • Kevin Sheridan, Director of Financial Institution Services • Henry Kedzierski, Director of Credit & Accounts Payable • Amir Shechter, Director Advance Solutions — Enterprise Services • Scott Strange, Assistant Secretary Total approved customer contracts with a value equal to or over $10Mshall be vested in. - Any two of. • Executive Chairman, • CEO, • President/COO, • Executive Vice President, • Vice President/General Counsel, • Vice President/CFO, Convergint Technologies LLC October 2019 Manager's Meeting Page 3 Total approved customer contracts with a value up to $IOMshall be vested in: Any one of.- • Executive Chairman, • CEO, • President/COO, • Executive Vice President, • Vice President/General Counsel, • Vice Presidenl/CFO, Total approved customer contracts with value up to $1,000,000 shall be vested in: • Any one of the Vice Presidents listed above in Section I Total approved customer contracts with value up to $500,000 shall be vested in: • Any General Manager • Business Development Manager — Dino DeRose Total approved customer contracts with value up to $100,000 shall be vested in: • Any Operations Manager • Director, Acquisitions Operations —Andy Gross • Operations Supervisor — Geri Smith • Operations Supervisor — Joe Sena • Technical Operations Manager — Nick Sink • Technical Operations Manager — Timothy Davis • Service Manager — Chris Parris • Service Manager — Tim Pugh • Service Manager — Michael Maggio • Service Operations Manager — Ryan Mount • Installation Manager — Mike Semonella • Office and Contracts Manager Seattle — Shana Hon • Contracts Manager — Christine Riker • Sales Manager — Kris Painter • Sales Manager — Stephanie Meurer • Region Service Manager — Keith Johnson • Service Supervisor — Jared Schroeder Signing authority for customer contracts includes related ancillary documents such as RFPs/bids, work orders, change orders, lien releases. 3. Delegation of Authority It is resolved, that the CEO, President, CFO and General Counsel have the authority to reasonably delegate signing authority to certain individuals as authorized signatories of the Company to execute and deliver commercial contracts and other documents necessary for the operations of the Company, subject in each case to all directions and/or limitation imposed by the CEO, President, CFO and General Counsel (as applicable) in connection with such delegation. Convergint Technologies LLC October 2019 Manager's Meeting Page 4 4. 401k Meeting The Investment Plan Committee shall consist of the following members: Ken Lochiatto, Alan Bergschneider and Leslie Evans. 5. Ratification of prior acts: It is resolved, that all actions of the Managers and Officers taken on behalf of the LLC since the last meeting are hereby ratified, adopted and approved in writing. 6. Waiver of Notice: It is resolved, that the undersigned Managers hereby waive any notice or right to object to any of the actions taken or approved hereby. [SIGNATURE PAGE TO FOLLOW] Cony ergint Technologies LLC October 2019 Manager's Meeting Page 5 Dated as of this 1st day of October, 2019. Managers Ken L(,chilauo J1n1 B umell rr 1 4-an Hergschneider Item No. 10 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: John Crater, Division Chief DATE: April 12, 2022 SUBJECT: Approve Seventh Amendment to the Agreement with Proactive Fire Design & Consulting, Inc. for Plan Review Services PREPARED BY: Wendy Miller, Management Analyst RECOMMENDATION: That the City Council approve the Seventh Amendment to the Agreement with Proactive Fire Design & Consulting, Inc., in the amount of twenty-five thousand dollars and no cents ($25,000) for Fiscal Year 2021-2022 for the Fire Department Plan Review Service. BACKGROUND: On July 1, 2015, the City and Consultant entered into that certain Agreement entitled "Agreement for Fire Department Plan Review Service," in the amount of Ninety Thousand Dollars and No Cents ($90,000) annually with the ability, upon mutual agreement to extend the contract for four (4) additional one (1) year terms for a total five-year agreement amount of $450,000. On July 1, 2016 the City and Consultant entered into the first amendment to that certain agreement entitled "Agreement for Fire Department Plan Review Services" to extend the term to June 30, 2020. On March 27, 2018 the City and Consultant entered into the second amendment to that certain agreement entitled "Agreement for Fire Department Plan Review Services" to increase the contract amount to $465,000.00 On February 26, 2019 the City and Consultant entered into the second amendment to that certain agreement entitled "Agreement for Fire Department Plan Review Services" to increase the contract amount to $485,000.00. On April 1, 2020 the City and Consultant entered into the fourth amendment to that certain agreement entitled "Agreement for Fire Department Plan Review Services" to increase the contract amount to $515,000 On July 1, 2020 the City and Consultant entered into the fifth amendment to that certain agreement entitled "Agreement for Fire Department Plan Review Services to increase the contract amount to $635,000. On July 1, 2021 the City and Consultant entered into the sixth amendment to that certain agreement entitled "Agreement for Fire Department Plan Review Services" to extend the terms of the agreement to June 30, 2022 and increase the contract amount to $755,000. The parties now desire to increase the payment in the amount of $25,000 for a total contract amount of $780,000. FISCAL IMPACT: Adequate funds were made available with the approval of the mid- year Fire Department budget approved by the Council on February 22,2022. ATTACHMENTS: Amendment SEVENTH AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND PROACTIVE FIRE DESIGN & CONSULTING, INC. FIRE DEPARTMENT PLAN REVIEW SERVICE THIS SEVENTH AMENDMENT is made and entered into as of February 15, 2022 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Proactive Fire Design & Consulting, Inc. a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with the respect to the following facts and purposes: A. On July 1, 2015, the City and Consultant entered into that certain Agreement entitled "Agreement for Fire Department Plan Service," in the amount of Ninety Thousand Dollars and No Cents ($90,000) annually for the total contract amount of $450,000. b. On July 1, 2016 the City and Consultant entered into the first amendment to that certain agreement entitled "Agreement for Fire Department Plan Review Service" to extend the term to June 30, 2020 C. On March 27, 2018 the City and Consultant entered into the second amendment to that certain agreement entitled "Agreement for Fire Department Plan Review Services" to increase the contract amount to $465,000. d. On February 26, 2019 the City and Consultant entered into the third amendment to that certain agreement entitled "Agreement for Fire Department Plan Review Services" to increase the contract amount to $485,000 e. On April 1, 2020 the City and Consultant entered into the fourth amendment to that certain agreement entitled "Agreement for Fire Department Plan Review Services" to increase the contract amount to $515,000. f. On July 1, 2020 the City and Consultant entered into the fifth amendment to that certain agreement entitled "Agreement for Fire Department Plan Review Services to in increase the contract amount to $635,000. g. On July 1, 2021 the City and Consultant entered into the sixth amendment to that certain agreement entitled "Agreement for Fire Department Plan Review Services" to extend the terms of the agreement to June 30, 2022 and increase the contract amount to $755,000. h. The parties now desire to increase the payment in the amount of $25,000 for the total contract amount of $780,000 and to amend the Agreement as set forth in this Amendment. 2. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: 06/15/2020 The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The SEVENTH Amendment amount shall not exceed Twenty five thousand dollars and no cents ($25,000) for additional Plan Review Service for a total Agreement amount of seven hundred and eighty thousand dollars and no cents ($ 780,000). 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 06/15/2020 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By- -Aref en-Adems;-G'"enagef Matt Rahn, Mayor ATTEST: By Randi Johl, City Clerk APPROVED AS TO FORM: PROACTIVE FIRE DESIGN & CONSULTING INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By; 4 &Y- Donald Walton, President By: 41 P.10 U J arie Walton, Secretary By: --- Peter M. Thorson, City Attorney CONSULTANT Proactive Fire Design & Consulting, Inc _ Donald Walton 45686 Hopactong Street Temecula, CA 92592 951-296-3473 don@proactivefiredesi n.com City Purchasing Mgr. Ini ' Is and D te: 1ti Z 3 06/15/2020 Item No. 11 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Deputy City Manager DATE: April 12, 2022 SUBJECT: Approve the Agreement for Consultant Services with Placeworks, Inc, for the Preparation of the Proposed Old Town Outdoor Dining Program PREPARED BY: Brandon Rabidou, Senior Management Analyst. RECOMMENDATION: That the City Council approve the Agreement for Consultant Services with Placeworks, Inc., in the amount of $138,320, with a 10% contingency of $13,832, for a total agreement of $152,152, for the proposed Old Town Outdoor Dining Program. BACKGROUND: On June 9, 2020, the City Council elected to start the Temporary Expanded Dining/Retail Program (TED) to support local businesses who were limited by social distancing requirements due to the pandemic. In 2021, the City Council elected to extend the program by one year, and directed staff to analyze a potential permanent program. During the last several months, staff has developed an initial scope of work, selected a consultant, and negotiated an agreement to study the potentially permanent program. FISCAL IMPACT: There are sufficient funds budgeted in Planning line item 001.161.999.5248 for these consulting services. ATTACHMENTS: Agreement AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND PLACEWORKS INC. OLD TOWN OUTDOOR DINING PROGRAM THIS AGREEMENT is made and effective as of April 12, 2022, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Placeworks 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 April 12, 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 one (1) additional one (1) year term. In no event shall the contract be extended beyond June 30, 2024. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed one hundred thirty-eight thousand three hundred twenty dollars and no cents ($138,320.00), plus 10% Contingency of thirteen thousand eight hundred thirty-two dollars and no cents ($13,832.00) for a total agreement amount of one hundred fifty-two thousand one hundred fifty-two dollars and no cents ($152,152.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 08/09/2021 The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement as approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, 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 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 08/09/2021 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. 8. 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. 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. 08/09/2021 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. C. 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. 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. 08/09/2021 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 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 08/09/2021 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: Placeworks, Inc. Attn: Alan Loomis 3 MacArthur Place, Suite 1100 Santa Ana, CA 92707 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. 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 08/09/2021 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 Johi, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney a PLACEWORKS INC B By --- -- — Karen Gulley, Vice Presid CONSULTANT Placeworks, Inc. Alan Loomis 3 MacArthur Place, Suite 1100 Santa Ana, CA 92707 (714) 966-9220 _ a loom is@placeworks.com City Purchasing Mgr. Initials and Date: W'L ZL 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 $152,152.00 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 PLACEWORKS March 11, 2022 Matt Peters, Senior Planner City of Temecula 41000 Main Street Temecula CA 92590 Subject: Proposal to Prepare Old Town Outdoor Dining Program Dear Matt: Below is our revised scope of work to assist the City of Temecula with the Outdoor Dining Standards. This replaces the corresponding sections of our original Proposal. Scope of Work APPROACH For ease of comparison, our scope of work and associated deliverables track the three overall tasks outlined in the Request for Proposal. We provide discussion and additional detail to these three tasks to elaborate upon our approach and to provide additional context as warranted. Please note that, as described below, the activities and deliverables between Task A and Task B intersect and interweave significantly. TASK A. COMMUNITY OUTREACH AND SUPPORT PlaceWorks will organize and facilitate the community outreach meetings. April We anticipate kickoff meetings to occur in late April. We propose to begin this process in a series of meetings with City staff, beginning with the Planning staff managing the project, then expanding to the larger City family, including Public Works, Police, Economic Development, and others. We intended to engage in a conversation that will establish the overall parameters or "guardrails" for the permanent outdoor dining program. For example, we would like to know —from staff's point of view —what is working well about the existing temporary parklets versus what the City would like to see changed in a permanent program. Does the City have a preference for design guidelines based on performance standards (thus permitting a high degree of customization) or a kit -of -parts approach (with the potential for preapproved plans)? What level of staff support is the City willing to provide to the program to process applications and review plans? Though the Old Town business community is clearly an important stakeholder in this process, we recommend that we clearly understand what is possible and what is not possible from the City's perspective before engaging a wider audience. It will not serve the process well to discuss possibilities with the Old Town merchants that the City cannot support legally or technically. Two meetings with City staff should be adequate to engage these questions. We propose to hold the first meeting (with Planning staff) virtually, and the second meeting in person. We will use the second meeting date to also conduct our field surveys, with City staff joining us as staff schedules allow. March 11, 2022 1 Page 1 PLACEWORKS Concurrent with these meetings involving City staff, PlaceWorks will contact other relevant agencies listed in the RFP and as directed by staff (such as Eastern Municipal Water District) to ascertain any permitting or technical issues imposed by those agencies. In the first month PlaceWorks economics team will also initiate a cost analysis to determine the value of parking spaces in Old Town. This analysis will be high-level comparative study, looking at parking costs in nearby downtown environments and the cost of building new parking in Old Town Temecula as two potential methods of establishing potential fees for the use of parking spaces on Main Street. We also understand that the City desires to create a standing subcommittee made up of key Old Town policy makers and City Commissioners that will review and advise the team during its on -going work. We have budgeted for up to eight (virtual) meetings with this subcommittee. We expect that City staff will convene this subcommittee as needed. Finally, we will also produce a survey to be distributed to Old Town property owners and merchants to solicit their opinions regarding both the current outdoor dining program and its possible extension. May The interrelated problems and decisions associated with creating an outdoor dining program will require a series of informed trade-offs. Deciding between design guidelines and a kit -of -parts approach —which may expediate approvals and potentially reduce fees but would lead to a homogenous appearance —is one of many issues that will need to be balanced by Old Town stakeholders. To explore these issues with interested members of the public, we will design, prepare, and facilitate three community workshops. At the first community workshop, members of the public will be presented with the findings and parameters established during April. It will additionally be presented with a matrix of issue topics filled in with best practices from other communities. With this information, the workshop participants can make a recommendation to the design team about what choices appear to be correct for Temecula. At this meeting, the group can also review recommendations and make suggestions for the final brand name of the program. June At the second community workshop, the team will present a draft of the proposed permanent outdoor dining program. We will continue to review potential trade-offs and balance decisions, and the workshop participants will offer final recommendations. July A final community workshop will review the recommended outdoor dining program. At this stage, we anticipate having all significant issues resolved: kit -of -parts design standards versus guidelines, appropriate fees and permits, insurance and maintenance requirements, and the approval pathway in City Hall. August In the month of August we will work with City staff to coordinate final products and deliverables for the Planning Commission's review. March 11, 2022 1 Page 2 PLACEWORKS September In September we will present the program to the Planning Commission for advisory review. Fall Final approval of the outdoor dining program will be granted by City Council at one of its Fall meetings. 2023 As an optional task, pending funding and sponsorship, a prototype parklet utilizing the new permanent program could be installed in following Council approval. Deliverable(s): Agendas for City staff workshops Agendas and attendance at up to three Community Workshops Survey to be distributed to Old Town property owners and merchants Report on relevant regulatory and permit constraints to a permanent outdoor dining program, including City of Temecula Departments, Eastern Municipal Water District, and other utility providers Parking Cost Analysis Matrix identifying design, permitting and policy issues, infilled with best practices for Southern California cities with similar parklet programs (i.e. Long Beach, Glendale, Los Angeles, San Diego) Eight presentations and virtual attendance with a Subcommittee Presentations and attendance at Planning Commission and City Council meetings TASK B. DESIGN STANDARDS DEVELOPMENT AND PLANNING PROCESS Studio One Eleven will lead the Design Standards Development Task and work collaboratively with PlaceWorks to engage the City in an early conversation about program goals and objectives. Together we will define the best tools and a format that can create a strong design framework for the OTOD program. We will begin with a review of the Old Town Specific Plan, in particular focusing on the design guidelines for streetscape, sidewalk, urban landscape, and outdoor dining/sidewalk furnishings. We will also conduct a site visit to review on -the -ground site conditions in Old Town and the existing parklets to establish opportunities and constraints. This will include conversations with City staff and the Working Group on the components of the temporary parklets they liked and would like to carry forward as part of the program. Our research will include a review of local codes and agency requirements, including Community Development, Public Works, Building and Safety, and Fire Departments. Based on our research, we will list minimum site criteria for outdoor dining, including required ADA clearances and path of travel, buffers from vehicular travel lanes, intersection setback requirements, and minimum utility setbacks. These minimum site criteria for outdoor dining will be presented to the Working Group for feedback. In addition to the functional criteria, we will create guidelines for the aesthetic and visual character of outdoor dining. Old Town has a strong architectural character and brand identity, and we will aim to propose design standards that respect and enhance the existing downtown environment. Depending on the City's preferences, we envision formulating either a Design Standards document that outlines minimum design requirements and expectations for businesses applying for an OTOD Program permit or a March 11, 2022 1 Page 3 PLACEWORKS Design Kit -of -Parts that can be preapproved to create great design consistency and speed of implementation through permit expediting. Both options will identify options for parklet dimensions, including extents and height, colors and materials palette, seating types (loose furnishings vs. built-ins), fencing and barriers, shade options, and lighting that can be selected or combined to create each outdoor dining space. If the City is interested in including tools for businesses to upgrade existing parklets, we will evaluate opportunities and provide recommendations for enhancing barriers, ADA access, street drainage, and other code requirements for the existing parklets to meet the OTOD guidelines. Some of the factors that will inform the trade-offs between the two approaches are the time and costs involved in various types of materials and methods of permitting as well as the level of flexibility or control over the aesthetic quality desired by the City. Studio One Eleven can develop visuals and drawings for one prototype parklet using the Design Guidelines/Kit- of-Parts. If feasible, it would be beneficial to have a prototype sponsored by a business and installed in Old Town as part of this project to showcase and test the OTOD Program requirements and pave the way for more outdoor dining. Deliverable(s): Minimum Functional Criteria for Outdoor Dining Working Group Presentation Material for January and February Meetings Design Guidelines/Kit-of-Parts with Images, Diagrams and Text Parklet Prototype Drawings (Optional) TASK C. PROJECT DESCRIPTION FOR SCOPE FOR CEQ A The City has made a considerable investment in the Old Town Specific Plan (OTSP) and associated environmental impact report, with the latest revision completed by ESA and certified by the City in 2010 (SCH# 2009071049). Because the nature of the project furthers the pedestrian -oriented goal of the OTSP as evaluated in the EIR, the City has several streamlining actions that can be used. Section 15183 of the California Environmental Quality Act guidelines mandates that "...projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site." In this context, the proposed project is consistent with the goals of the OTSP and could be considered within the overall coverage of the 2010 EIR. Section 15061(3), Common Sense Exemption. This exemption is for projects that can be "...seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." Because the City has been implementing elements of the project for quite some time, the results of the implementation would serve as the substantial evidence in support of this exemption. Section 15301, Class 1 Existing Facilities(c). This exemption allows for improvements to "...existing highways and (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other alterations such as the addition of March 11, 2022 1 Page 4 PLACEWORKS bicycle facilities, including but not limited to bicycle parking, bicycle -share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes)." As described, the proposed improvements further the pedestrian focus of the OTSP. Addendum to the 2010 EIR. If the improvements or operations are within but slightly different than those evaluated in the 2010 EIR, an Addendum following Sections 15164 and 15162 could be prepared. The Addendum would evaluate whether any of the provisions in Section 15162 requiring a subsequent environmental analysis would apply. Our first CEQA task will be to work with the City to ensure that the proposed project is consistent with the environmental evaluation for the OTSP and discuss the approach. Regardless of approach, PlaceWorks will prepare some brief text showing how the proposed project is consistent with the OTSP and EIR and provide an administrative draft for City review. Once the draft has been reviewed, the final version of the document will be made available for consideration along with the project. PlaceWorks will also assist in preparation of the environmental compliance portion of the staff report and be available to answer any environmental questions during public hearings. Deliverables): CEQA memorandum as deemed appropriate as described above PRICING FORM (EXHIBIT A) TASK / DELIVERABLE PLACEWORKS STUDIO ONE ELEVEN TOTAL Project Management Meetings w/ City Staff $ 6,510 $ 4,960 $ 11,470 Policy/Permit Research & Report $ 14,600 $ 14,600 Parking Value Analysis $7,500 $7,500 Stakeholder Survey $ 6,920 $ 6,920 Community Workshops (up to three) $ 7,260 $ 13,640 $ 20,900 Subcommittee Meetings (up to eight) $ 4,840 $ 7,840 $ 12,680 Site Visits $ 960 $ 2,280 $ 3,240 Design Guidelines/Kit-of-Parts Framework $ 1,920 $ 26,800 $ 28,720 CECA Analysis (assumes an Addendum to OTSP EIR) $ 9,530 $ 9,530 Public Hearings (assumes two) $ 5,760 $ 4,000 $ 9,760 Parklet Prototype $ 2,880 $ 6,120 $ 9,000 Reimbursables $ 2,000 $ 2,000 $ 4,000 SubTotal $ 70,680 $ 67,640 $ 138,320 10 % Contingency $ 7,068 $ 6,764 i $ 13,832 March 11, 2022 1 Page 5 Item No. 12 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Deputy City Manager DATE: April 12, 2022 SUBJECT: Approve the First Amendment to the Agreement for Consultant Services with De Novo Planning Group for Additional Work Related to the Preparation of the 2021- 2029 Housing Element Update PREPARED BY: Brandon Rabidou, Senior Management Analyst RECOMMENDATION: That the City Council approve the First Amendment to the Agreement for Consultant Services with De Novo Planning Group in the amount of $7,500, for a total agreement amount of $87,887, for additional work related to the preparation of the 2021-2029 Housing Element Update. BACKGROUND: The California Legislature has identified the attainment of a decent home and suitable living environment for every citizen as the State's major housing goal. Recognizing the important role of local planning programs in the pursuit of this goal, the Legislature has mandated that all cities and counties prepare a Housing Element as part of the comprehensive General Plan. Section 65583 of the Government Code sets forth the specific components to be contained in a Housing Element. State law further requires Housing Elements to be updated at least every five to seven years to reflect the changing housing needs of a community. The City of Temecula's Housing Element was last updated and adopted in 2014 and covers through 2021. This Housing Element update is for the planning period of 2021-2029. Staff is requesting to amend the agreement with De Novo Planning Group to complete the updated Housing Element. Since the original agreement, the State of California has passed numerous new housing laws (e.g., AB 686), and issued a significant amount of new guidance related to Housing Elements (e.g., Housing and Community Development's Fair Housing Guidebook, 2021) that have expanded the scope of work beyond what was identified in the original agreement. The expanded scope of work will increase the total cost of services from $80,377 to $87,877, a $7,500 increase. FISCAL IMPACT: In 2017, then Governor Brown signed a 15-bill housing package aimed at addressing the state's housing shortage and high housing cost. Specifically, it included the Building Homes and Jobs Act (SB 2, 2017), which establishes a $75 recording fee on real estate to increase the supply of affordable homes in California. The purpose of SB 2 is to provide funding and assistance to all local governments in California to help cities and counties prepare, adopt, and implement plans and process improvements that streamline housing approvals and accelerate housing production. On March 28, 2019, the Department of Housing and Community Development released the Notice of Funding Availability (NOFA) for approximately $123 million under the SB 2. Jurisdictions are eligible to participate in a non-competitive grant process for funds. Funds are determined by jurisdiction population. For a jurisdiction with a population of 60,000 to 200,000 residents, such as the City of Temecula, the maximum available funding is $310,000. The City anticipates using the awarded SB 2 funds to cover the additional costs of the 2021-2029 Housing Element. If the City does not receive enough SB 2 funding to cover the costs of the Housing Element, there are sufficient funds budgeted in budget line item 001.161.999.5248. ATTACHMENTS: 1. Agreement with De Novo Planning Group 2. First Amendment to the Agreement with De Novo Planning Group AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND DE NOVO PLANNING GROUP PREPARATION OF THE 2021-2029 HOUSING ELEMENT UPDATE THIS AGREEMENT is made and effective as of June 25, 2019 between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and De Novo Planning Group, 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 June 25, 2019, and shall remain and continue in effect until tasks described herein are completed, but in no event later than October 1, 2021, unless sooner terminated pursuant to the provisions of this Agreement. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, 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 seventy three thousand and seventy dollars and no cents ($ 73,070.00), plus 10% Contingency of seven thousand three hundred and seven dollars and no cents ($7,307.00) for a total Agreement amount of eighty thousand three hundred and seventy-seven dollars and no cents ($ 80,377.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement as approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, 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. S. 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 Consultantfor 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 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. 8. 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 Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. 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. 2) Automobile Liability: One Million ($1,000,000) accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One Million Dollars ($1,000,000) per claim and in aggregate. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the 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. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 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 Consultantfor 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 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; De Novo Planning Group Attn: Amanda Tropiano 180 East Main Street, Suite 108 Tustin, CA 92780 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. 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: OA-/-- q]\_ Michael S. Naggar, Mayor ATTEST: By: - &� Randi Johl, City Clerk APPROVED AS TO FORM: DE NOVO PLANNING GROUP (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf o1 the corporation.) By: Ben Ritchie, President By: 4 21 &==— Steve McMurtry, Chief Financial Officer By: - Pat r M. Thorson, City Attorney CONSULTANT De Novo Planning Group Attn: Amanda Tropiano 180 East Main Street, Suite 108 Tustin, CA 92780 (714) 453-7711 atropiano@denovoplanning.com EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: All tasks to be performed are per the proposal provided by the Consultant attached hereto and incorporated herein as though set forth in full. Scope of Work The Housing Element Update will be developed to meet the City's needs and changes instate law. This Scope of Work includes all tasks necessary to prepare the Update and process it through HCD. TASK 1 KICKOFF MEETING AND PROJECT SCHEDULE Within one week of receipt of Notice to Proceed from the City, the De Novo team will have a kickoff meeting with City Staff to discuss the following: . City preferences, method of communication, responsibilities, deliverables, etc.; • Collection of background documents, including OIS data, . Finalization of project schedule with project milestones (this schedule will be revisited periodically as additional information is available, including the City's RHNA allocation); and . Direction from the State regarding changes to housing law since issuance ofthe RFP (if any). Deliverables: . Meeting agenda and summary notes Detailed project schedule including major milestones, meetings, and HCD and staffreview times TASK 2 STEERING COMMITTEE MEETINGS De Novo will coordinate and facilitate a Steering Committee anticipated to be composed of key City of Temecula staff, including representatives from the City Manager's Office, Community Development, Economic Development, and Finance. This technical Steering Committee will meet four times and be responsible for reviewing and validating community feedback, providing direction regarding existing conditions, feedback on success of past programs, input on market potential and site selection (if needed), and review and comment ofthe Administrative Draft Housing Element. Should the City wish to include outside representatives on the Steering Committee (non -Stab we can easily accommodate a change in composition with no change to schedule or budget. However, given the technical nature of Housing Elements we find that a Staff -level Steering Committee results in the most productive conversation with the understanding that we will engage the community through other avenues as described in Task 3. Dellverables: . Coordination and facilitation of four Steering Committee Meetings TASK 3 COMMUNITY ENGAGEMENT Focused and meaningful community engagement is an important part ofthe Housing Element Update process. Government Code 65583(c)(7) requires: "The local government shall make a diligent effort to achieve public participation of all economic segments ofthe community in the development ofthe housing element, and the program shall describe this effort." Moreover, the topic of "housing" is one that impacts everyone that lives or works in Temecula and the City must acknowledge the community's input and find creative ways to reflect the community's vision as it meets its housing obligations. To this end, we propose a strategic community engagement process that seeks to connect with the community early -on, maintain open lines of communication as draft documents are prepared, and reconnect during the public review process to the updated Housing Element. The key components of our community engagement program are described below. Advertisements/Educational Materials The City of Temecula has a strong existing online presence through a well -designed and intuitive City website and social media engagement program. We propose leveraging these existing platforms to get the word out about the Housing Element Update and engage the public. We propose sharing project information on the City's existing Housing Element webpage (as opposed to a new stand-alone website separate from the City's own website). We also recommend posting Housing Element Update milestones on existing social media platforms, including the City's 54 NextDoor neighborhoods and Facebook pages for the City of Temecula and its Police Department. We will also advertise the project to key community stakeholders such as the Chamber of Commerce, Rotary Club, Temecula Unified School District, Assistance League, and local and regional fair housing providers (many of which were involved in the last Housing Element Update) to encourage their participation. De Novo will prepare content for the City's website and the graphics and text for posting to existing City accounts and platforms. We assume that City Staff will post the material online and print and deliver hard copies as necessary (for example, if mailed letters on the City's letterhead need to be sent to select stakeholders). We will also prepare a project factsheel for posting online and to have available at future in -person activities. Housing Workshop To kick off the Housing Element Update De Novo will plan and host a Housing Workshop for the public. All members of the community and key stakeholders will be invited. The Workshop is envisioned to include a brief presentation followed by a series of engaging activities designed to understand the community's key housing priorities. Activities could include mapping exercises, visual preference surveys, special needs issues, and the City's long-term vision for housing growth and development. We anticipate that the activities we work on with the community will be based on our review of existing conditions and site inventory; ifthe City's existing surplus sites are sufficient to meet the City's demand, we can shift our focus away from site selection/mappingto other locally important issues. For this reason, we would recommend that the Mousing Workshop only occur once the City has reviewed and received its committed RHNA allocation. Online Survey We will create two online surveys over the course of the project to allow the community an opportunity to provide feedback on housing priorities. The fast survey will be posted early -on in the process and he focused on priorities, values, and goals regarding housing in Temecula. The second survey will be posted later in the process once there are 1) site identified and 2) goals, policies, and programs to support the City's housing objectives. Commmtity Open House Upon completion of the Public Draft Housing Element, we will host a Community Open House with stations for residents to visit to learn more about the Housing Element and the City's housing plans and programs. At this time the public can provide comments on the Public Draft which will be summarized and shared with the Planning Commission and Council during their deliberations. Deliverables: • Content for website and online engagement; Project factsheet; preparation and facilitation for one Housing Workshop and one Community Open House; two online surveys; public engagement summary report for Planning Commission and City Council consideration TASK 4 TECHNICAL ASSISTANCE WITH- AND APPEAL OF THE CITY'S RHNA The City anticipates the need to negotiate with WRCOG and SCAG regarding the City's RHNA allocation and it expects to likely appeal its allocation. We are prepared and able to assist with this effort as necessary. In order to prepare for this discussion, we will work to understand existing conditions and capacity through an early update ofthe City's inventory of potential sites. Through this analysis, we will identify barriers to accommodate the City's allocation and begin to prepare a response to the City's forthcoming allocation. We will also review the allocation methodology for flaws that have under -allocated to other regional jurisdictions (social equity, high quality transit areas, etc.). Deliverables: ■ Assistance with and appeal ofthe City's RHNA, including letters of appeal for delivery to WRCOG and/or SCAG TASK 5 ADMINISTRATIVE DRAFT HOUSING ELEMENT Do Novo is committed to providing the City with a useful and understandable Housing Element Update that embodies the goals and priorities ofthe City and is consistent with state requirements (GC Section 65583[a]). Preparation ofthe Housing Element will include but not be limited to the following sections. Introduction The Housing Element will include an introductory chapter that provides an overview ofthe Housing Element update process, housing issues facing Temecula, the City's housing needs, available sites and resources, and the goals ofthe Housing Element. Existing Conditions and Needs Analysis Do Novo will review and evaluate the current Housing Element, General Plan, and other supporting materials and provide additional information, including suggested modifications to policies as necessary. Based on the cffectivcncss ofthe existing document, input received during the steering committee meetings, and communication with City staff, we will identify policies and programs that should be retained as well as those that should be revised or replaced. This section will include a narrative that discusses the: (1) actual results oftbe current Element compared to its goals, policies, and implementation measures; and (2) significant differences between objectives and actual achievements. We will also complete a review ofthe City's Local Hazard Mitigation Plan and Safety Element for consistency with SB 379. Based on an initial review we expect that the LHMP addresses the requirements of SB 379 and that the Safety Element will need to be updated to reference the LHMP and its key findings, objectives, and policy direction. As a result, as part ofthis Task, we will identify the specific sections ofthe Safety Element which must be updated to reflect the LHMP and comply with SB 379_ We do not anticipate that new technical analysis of climate change or resiliency planning will be necessary. Regional Housing Needs Assessment (RHNA) The Housing Element will identify available resources, including land, funding, and housing programs, available to meet the City's housing needs. Constraints to meeting housing needs, including governmental constraints (land use controls, parking standards, etc.) and non- governmental constraints (environmental, availability of financing, etc.), will be described. De Novo will develop a program to reduce constraints, where appropriate and feasible. We understand that the City has a detailed parcel -level database of existing conditions in GIS and will share this inventory with the selected consultant to facilitate an evaluation of current conditions. As part ofthe City's past Housing Element Update effort in 2013/2014, the City undertook a robust analysis of existing conditions and prepared a comprehensive inventory of vacant residential development potential to accommodate the shortfall from Cycle 4, the RHNA from Cycle 5, and prepare the City for Cycle 6 by identifying a surplus of sites (translating to approximately 5,800 units). Given that the City's past two RHNA allocations were between 1,300 and 1,500 units, we might expect that even if the City receives a larger allocation than normal, it may easily be accommodated within the surplus sites identified in Cycle 5. However, the vast majority (over 95010) of these surplus units were identified for moderate or above moderate incomes. So while it may be possible that on the surface the City could expect to accommodate their RHNA within the surplus sites, the income levels may need to be revisited to ensure that the specifications of the City's RHNA allocation are adequately addressed at the appropriate income levels. This section will meet the requirements of Government Code Section 65583(ax3,4,5,6,8,9) and will include the following required topics: • Inventory of sites suitable for residential development • Financial and other resources • Residential energy conservation • Fair housing assessment • Governmental constraints • Non -governmental constraints Assessment of Housing Needs To prepare a meaningful Housing Element, existing conditions must be understood and documented. De Novo will assess the housing needs of the City's population based onthe characteristics of the City's population and its existing housing inventory. The needs assessment will meet the requirements of Government Code Section 65583(a)(1,2,7) and will be based on available data, including the US Census, Department of Finance estimates, Employment Development Department data, Department of Developmental Services data, and Point in Time reports. This work effort will include the following: • Existing housing conditions • At -risk housing • Population, household, housing, and employment characteristics • Special needs groups • Regional housing needs Goals, Objectives, and Implementation Plan De Novo will present goals, objectives, policies, and implementation measures to address identified housing needs and constraints, consistent with the requirements of Government Code Section 65583(b,c). The approach to meeting housing needs will be developed to address the City's housing needs while considering: 1) remaining relevant to a mostly built -out community, 2) protecting important resources, including historic resources, habitat and water supply, and 3) promoting sustainability and walkability. The implementation plan will identify sustainable housing policies and programs, based on City staff, public and stakeholder input, City guidance, and the needs identified in the needs and constraints analysis. De Novo will hold a workshop with City staff to discuss the proposed revisions to the City's existing goals, policies, and programs, and De Novo will also present for discussion additional policies and strategies that fit the unique needs and character of Temecula. Implementation measures will address both short-term and long-range strategies and may include development controls, regulatory incentives, constraint -removal programs, fair housing programs, and sources of affordable housing funding. The implementation measures will identify parties responsible for implementation, a timeframe for implementation, and funding sources. Where appropriate, phasing and financing options will be identified. Implementation measures will reflect recent legislation, and will address the following issues at a minimum: • Conserve and Improve Existing Housing Stock • Promote Housing Opportunities for All Persons in the City, including provision of adequate sites to accommodate the Regional Housing Needs Allocation, development of housing to meet the needs of lower- and moderate -income households, and affirmatively furthering fair housing • Address Housing Needs of Special Needs Populations • Preserve Assisted Housing • Regional Housing Needs Determination and Five -Year Quantified Objectives • General Plan and Zoning Consistency . Sustainability and Efficiency, including energy efficiency, green building practices, progressive energy and water conservation approaches, and requirements of AB 32 . Removal ofConstraints (where appropriate and feasible) We will review proposed policies and implementation measures for internal consistency with all elements ofthe City's General Plan and identify any necessary amendments to other General Plan elements in order to create consistency with the updated Housing Element. The budget for this task also assumes minor edits to the Safety Elementio incorporate the City's LHMP (no new technical analysis). De Novo is prepared to amend additional elements ofthe City's General Plan (if necessary) as part ofthe proposed project contingency budget. Deliverables: One (1) reproducible copy and one (1) electronic copy in Word and PDF ofthe Administrative Draft Housing Element and Safety Element (and Land Use Element or other General Plan Elements, as applicable and authorized by Staff through the contingency budget) TASK 6 PUBLIC DRAFT HOUSING ELEMENT We will incorporate the City's comments on the Administrative Draft Housing Element and create a Public Draft Housing Element for public review and the statutory 60-day HCD review period. Per the RFP, we understand that City Staff will facilitate distribution to HCD, the City Council, and the Planning Commission for review and comment. We expect that Do Novo and City Staff will work collaboratively to facilitate review by the public, as described in Task 3. Deliverables: Thirty (30) bound copies and one (1) electronic copy in Word and PDF ofthe Public Draft Housing Element (and Land Use Element or other General Plan Elements, as applicable and authorized by Staffthrough the contingency budget) TASK 7 HCD COORDINATION De Novo will coordinate closely with HCD in order to receive a letter indicating that the updated Housing Element complies with State law. Our approach to working with HCD is to be very responsive to HCD's preliminary comments and requests. HCD typically schedules a conference call with the consultant and City staff to identify concems with the Housing Element prior to issuing its formal comment letter. We have found that by attending these meetings in person at HCD's offices (attended by staff in our Sacramento area office) and discussing potential revisions during the meeting, multiple issues can be resolved and better direction is received from HCD. Following these meetings, De Novo will immediately prepare revised text for City and HCD staff to review and consider before the formal letter goes out. In this manner, we work to resolve issues during the review period in order to reduce the number of formal comments received from HCD. Upon receipt of HCD's formal comments, we will prepare proposed revisions and provide them to City staff for review. Tbroughout this task, De Novo will be available for in -person meetings with HCD staff at HCD's offices in Sacramento. Once HCD indicates that their concerns are addressed, we will prepare a Revised Draft Housing Element for formal submission to HCD and, withtheir approval, the Housing Element will be ready for adoption. Deliverables: . Ongoing coordination with HCD to receive Housing Element certification TASK 8 ENVIRONMENTAL DOCUMENTS At this time, without knowing the City's RHNA allocation and the City's ability to accommodate its RHNA within the surplus sites previously analyzed in the current Housing Element/other planning documents (General Plan, Specific Plans, etc.), we must make assumptions regarding the expected environmental documents that will need to be prepared for this project. After reviewing the City's past RHNA assignments, the City's prior analysis of surplus sites, and the Negative Declaration process used for the 2013 Housing Element, we believe that (either initially or through appeal/negotiation) the City will be able to accommodate its RHNA within sites already designed and planned for residential development and, accordingly, sites which have already been analyzed for such use. Based on this assumption, De Novo will prepare the necessary CEQA documentation (expected to be either a Negative Declaration or a Finding that the Housing Element falls within the parameters of the previously adopted program -level CEQA documents). This does not include technical studies specific to the Housing Element to support the environmental document, which would not be necessary unless the City identified new locations for housing development, not previously considered and analyzed We anticipate that a memo will be prepared for the Housing Element Update that describes the characteristics of the project and the consistency of the project with the General Plan Program EIR. We will prepare a memo documenting the project's coverage underthe Program EIR as allowed for by CEQA Guidelines Section 15168(c), which identifies the standards for use of a Program EIR with later activities. De Novo Planning Group is a full -service planning firm with in-house CEQA experience and capabilities. Should additional analysis or CEQA documents be required, such as an Initial Study/Mitigated Negative Declaration and technical studies, De Novo would be happy to work with the City to amend the scope of services to include this work at a very competitive rate and expedited timeline. As previously described, we have tried to anticipate the City's needs to the best of our ability based on available information but should we need to proceed on a different course we are ready and able to assist with that effort. Deliverables: • Negative Declaration or Memorandum demonstrating coverage per CEQA Guidelines Section 15168(c); coordination with Tribes per the requirements of SB 18 and AB 52 as needed TASK 9 STUDY SESSION AND PUBLIC HEARINGS De Novo's Principal and/or Principal Planner will facilitate a study session with the City Council as we prepare the Administrative Draft Housing Element. We will facilitate four public hearings related to the Housing Element Update (two with Planning Commission and two with City Council). Deliverables: One Study Session with Council, Two Hearings with Planning Commission, and Two Hearings with City Council, including all meeting materials, large -format exhibits, presentation materials, and summary reports; attendance by both Co -Project Managers TASK 10FINAL HOUSING ELEMENT De Novo will incorporate City and HCD comments into a Final Housing Element. The Final Housing Element will be considered by Planning Commission and City Council. During this process, De Novo will prepare revisions to the Final Housing Element as necessary to address comments from decision -makers. As part of this task, De Novo will also prepare the Final copy of any other Elements which were updated as part of this project, as necessary and completed through the contingency budget Following City Council adoption, the Housing Element will be submitted to HCD for certification. Deliverables: • Ten (10) bound copies and one (1) electronic copy in Word and PDF of the Final Housing Element (and Land Use Element or other General Plan Elements, as applicable and authorized by Staff through the contingency budget) EXHIBIT B Payment Rates and Schedule Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $80,377.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. 1• 1 7 •FI t Project Schedule 60117010 9MI2021 [ 'O'n'; 3tt%Yr3R1 ...>.._ ..... _ IL5�rt G_1?D19 Y•- :J1412019_.I l�-.-_^=nr .v�anC+�l>--�•xi N4•.[.w �un•••••Y •. �Taxt.I:watt wEtingandFtojeatsdwdlds = 81L2019 r613D12i119 ! Tasl2:51eatagCtxntnluea'r10l112 ._.010 4130Pd02t 15! Shsg%1:PriailFeslRefawaiRl{!}Il »• x1N1am � 1014witil xNxtting4_+.Program Ewluatian� y 17L2 9 }.3iR030 ' N.AaSng w3: AdminM!atne Drat Reverr 1111df:tiZD i� 11130 �Y20 I ! � i1F>�± a-1: FiCD Cammettisr ..�.. • .� r.�-r•y....rl~-.• � 'v1dF2U21 4?3CIP 021 4 s Tast 5z Cunmto* EnSa9tnc.nt ,~ ��v 4 d'3FIf?Af9 a^c1021 , f- ri I Rdtian�eetaahs]Education _••,.-•-� ^ ,•• •..R..- ,••V r 019 °12FJ't.A21 1�A. AFixmbg Workshop •� •:� rs• "« . „u ff...... �. 3i1R4?U 28Y_'020 S tln[naSurvty�l 4F1R0}D r 10131Y w Onl'ne`Sureya2...._ _. ��ryn211,2D21 2PPe12021 t.. _ - '•^.{Purrs- .^.lr�• ! i Contmun ty0pe� Hou a 211f=021 22e@021 i i Tastt:TecjuimlAssistaneewPh- and Appeal ofthe MysRHN.4 �j ^21L?Q20 L Tl1MY—T r� Task 5:Adrnir&,3tic=DrahNeuslaai3ement M.•...._.. +.f:• ft0012019 11r0_P020 s Soreencheck Admin Dr t -Consultant 6 y' S711RD12 930 2020 ; t Screencheck Admin Draft - PI3nn.ng SUE Revew i?r! 20?P 10!31=8 SecandS.mheckndminDraft -Consultant I11u.na 1111=8 �. SecandSr�enritectAdminDraR SteerngCannisteYReuPew.��p.�1111WO20 1113=020 ; Task 6: Publ"a Draft Rwi Sv 11130h_7?D i W1�021 lcb •- :....:_.._,::, _�:..: ,.,• ::-.:.:,.:, _. �. ,_ :,.:a....:... ., .T ,.,•ice,. .. _n•.xv:. jj Puhl-n Draft -Consultant 1 11130r'2020 1. 11 M-0 EE Publb Drab - Planning 513st P.er v C 121152026 12MCO2Da FvWPtDraft-Cansu:tant Y 12130�?02D ; 1l13r'2021 yM .•-Pohl c,Revpw! emu..--�..-�...:�_: ,.•.��.. �...„ .,.-�- ��.'1f141202�:. r>.-�r15fi021 '_ __ _ .. .... _ .._ .-.. ri-Y+snwn.�.s.:!-tif�•�.•"'.�rx.w_�,�-..wi.-ew-T+./:.t� w[r.... �•:..r :: "�^! „^ Task, 7_HCO Review _ ,,....,.....:_.,• .� �• - y 1F15203 t 9Mr-1021 Review ofPubkDr4-�{�Y•-511&2021 •, 311'JI2d1 i � HCO Cartt�a•�an�ry•�•Y,•.,--„•���,� :•.T..-�Ix••SItdCO21�i GI�202i f,. 7ask8 Env[renmm�I Dow-eventsv url,,.• .•....w ^r^ 1 1291i 0 }Y 1113202E !.. .._.........._..._.._._..vent..._._�._�... + Tam g StStty Sessan atsd Ptlblfo!leartrlgs j L112027 F1104'02 t '• ... ___ .... . _ _..- »•�'.:vm.-n:f. •fin!-.+•:b.sG. s[-.•.."ti: •::fvs...s.r�•-� C3yCtrrel S1udy5esson - fy ' iit 71112m0 3n8,202D �~'' _.r..•.-•.rr� ..Jwe., �.,-e. ar.,,.vr r--�a•.� .•r•r....-,,:.-.�-.s.-. r,rPlareavgCammissonsr 2D21 e119r_Dn E 1 'Pt3w6R9CTnrassiaa92 ' BPQO21 (1=021 =GyCatmol"} ..,..,.h- - yS 71131202E 71130121�r CyCtnuttilR2 t PJIDP�021 ar10r2021 ~Task 10: FmJ Houscg FJ rnent w �i 1612D21 • SFlbr2021 i ScreencheckFmJHous' Element-Consultantu� �-. 21I6Y02I 41for302F ��� Scr�ncheckF:+slHausitgFJamzn}-5cr.'fRe+M_r+��r.� k �/f0.'2D'_l^. �ar30.2DdL F »» FkWHcushgSswrdPradutEal � _ .y 81t1 tT{ 2fda262% r fASICACTIVITY PrtnctpsU Prfnti' IPtarsner Aa. , - Sensor PtennerAEeT ner Associ�te7'' '4usfCantPlpn.ner TOTAL$ DIreitCoats ACTIVITY Prirtlogam M*r�, TQFAL$ Ta7�X8 3135 .:- Imo._ .$1i?5 1rx�s" Fog Task t Kkl-off Moofing ami Prejcd 5clwddo 8 $two 0 50 0 SO 8 $I'M So Task 2: S:earir>g Ct mAlee Rl:.etd�p3 24 S3.249 14 Sj,W 0 $0 40 5s.a7.0 $20 '; <. ":15.in Task 3:CoovmwyEr demp't 22 S2.970 32 $3.360 44 S3.7.10 98 $10.070 $560 -il'w0 Task4: Tmhriml Assd micAppoaI a1 RHNA 40 $5.400 24 $2.520 12 S1,020 76 $8.940 $0 $8,`.f•t0 Tasks:,A�amialsuaGtroDraft M Elenwnt 60 S8.100 28 $2.94 116 $9,8d7 204 $2000 S1oo fask6. Pubic On, R HomSkg Ele n it 24 n240 16 SI,680 2e $2,380 69 $T,340 $2,800 ' ,`.5112 f0U Cask7:NCL1Coafcfrnlia► 28 $3,780 0 $0 0 $0 28 $3.703 $0'.::'".'.-$5,7811 Task6: Grrsamwntal Do mz 4 $5:0 0 $0 01 $a 4 W.0 $0 : • :.; ..45;0 fask9: S:utj S•:asion and Pula%Hearings 40 $5,400 8 $630 0 $01 46 $6,030 $260 T.; 64,M fask 10: Final Housing Eternent 24 S32410 8 5840 8 5630 40 $4.760 S90 Subtotals 2m 35s'"o 130 S13,u30 208 $17,690 612 $668,320 53,T50 .,-:' 573,070 p. �/.�.}_r;r. p+ti...xN• ,r- r ° ..x r. a:.., r ry' •;. ;;1:.. f' .n lj, :�+'•1 'x? { �. •.iii�-n','•`�'s-',L�-?5`.: �'4 �'r- - 'ti:.,3.{l;�,•,e ]"�+'}-,,. Fh�:::-,: •.. ',j ••: }� •. x�.er��: v ;�..r �:.C-.:�$:` .ir.+eY', �S� .'d:•.. -.iYiF4.: v!. Y+: -..1'. :Y - cco, �sG ag $7.307 As $pecjAedm oW p%xW 1W C010gs14y bu+ig , Wusi for uron!fo9o'ad W0%'4s t0 elhgre as is eMe Gens`,im! Plan (i.e.. toed Use orh4b7y1 or &w tabled tasks asmmdod by QC Staffamd awr.,Vmcpss;gy t aedorto tuooiW 14Cd C9 6ctuw of tloL CWs Massing Elsax . FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND DE NOVO PLANNING GROUP PREPARATION OF THE 2021-2029 HOUSING ELEMENT UPDATE THIS FIRST AMENDMENT is made and entered into as of April 12, 2022, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and De Novo Planning Group, a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with the respect to the following facts and purposes: a. On June 25, 2019, the City and Contractor entered into that certain Agreement entitled, "Agreement for Preparation of the 2021-2029 Housing Element Update," in the amount of $73,070.00, plus contingency in the amount of $7,307.00. b. The parties now desire to add scope of work, extend the term of the agreement to June 30, 2023, and increase the payment in the amount of $7,500.00. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2023, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The First Amendment amount shall not exceed seventy-five hundred dollars and zero centers ($7,500.00), for additional work related to the 2021-2029 Housing Element for a total Agreement amount of eighty-seven thousand eight hundred seventy-seven dollars and zero cents ($87,877.00). 4. The "Payment Rates and Schedule" and "Consultant's Proposal" as set forth in Exhibit B of the Agreement shall be revised in its entirety to include the revised "Payment Rates and Schedule" and "Consultant's Proposal", as more fully described in Attachment "A", attached to this First Amendment and incorporated herein by reference 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 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 De Novo Planning Group (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Matt Rahn, Mayor Ben Ritchie, President ATTEST: By: By: Xit_ J i . b Randi Johl, City Clerk Steve McMurtry, Chief Financial Officer APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR De Novo Plannina Grou Attn: Amanda Tropiano 180 East Main Street, Suite 108 Tustin, CA 92780 714-453-7711 atropiano@denovoplanning.com City Purchasing Mgr. Initials and Date: 9u(tv 08/09/2021 ATTACHMENT A EXHIBIT B Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $87,877.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. 08/09/2021 De Novo Planning Group ■■MM■ A Land Use Planning, Design, and Environmental Firm February 16, 2022 Brandon Rabidou Senior Management Analyst City of Temecula (951) 506-5142 bra ndon.rabidou(@TemeculaCA.eov SUBJECT: Revisions to the Scope of Work and Budget for the Housing and Safety Element Update Dear Mr. Rabidou: This letter is intended to serve as a summary of additional work completed as part of the City's Housing and Safety Element Update project. The Safety Element Update was adopted by the City Council in October 2021 and the Housing Element Update adopted first by the City Council in October 2021 and an update adopted in February 2022. Summary of Request As the City is aware, the 6t" Cycle Housing Element Update process presented unique and unforeseen challenges in both preparing a draft Housing Element for review by the California Department of Housing and Community Development (HCD) and responding to comments received by the State on the draft Housing Element. In particular, the State's requirements related to fair housing analysis evolved significantly from the initial adoption of AB 686 in 2018 to issuing HCD's Fair Housing Guidebook in 2021, requiring a substantial amount of additional analysis, research, reporting, and programmatic solutions. In addition, in order to meet State timelines for review and adoption of the Housing Element, two rounds of Administrative Draft, Screencheck Draft, Public Review Draft, and Final Draft Housing Element documents were prepared and circulated (first in the Fall of 2021 and again in early 2022). This process resulted in additional rounds of review unexpected as part of the original work effort. De Novo Planning Group thoroughly enjoyed working with the City on this important project and is proud of the work completed in order to best -position the City to receive Housing Element certification. This process has been professionally and personally rewarding and we appreciate the opportunity submit to you a modest budget amendment to cover the costs associated with preparing the Final Housing Element for adoption and submission to HCD. DE NOVO PLANNING GROUP 180 E Main Street #108, Tustin, CA 92780 atropiano@denovoplanning.com 1 (714) 453-7711 De Novo Planning Group ■■M■■ A Land Use Planning, Design, and Environmental Firm Requested Budget Augment Original Budget Augment Request Total Requested Budget Task 1: Kick-off Meeting and Project Schedule $ 1,080 $ $ 1,080 Task 2: Steering Committee Meetings $ 5,120 $ $ 5,120 Task 3: Community Engagement $ 10,570 $ $ 10,570 Task 4: Technical Assistance/Appeal of RHNA $ 8,940 $ $ 8,940 Task 5: Administrative Draft Housing Element $ 21,000 $ 1,500 $ 22,500 Task 6: Public Draft Housing Element $ 10,100 $ 2,500 $ 12,600 Task 7: HCD Coordination $ 3,780 $ - $ 3,780 Task 8: Environmental Documents $ 7,847 $ $ 7,847 Task 9: Study Session and Public Hearings $ 6,280 $ - $ 6,280 Task 10: Final Housing Element $ 5,660 $ 3,500 $ 9,160 Total $ 80,377 $ 7,500 $ 87,877 The total additional budget required to cover the cost associated with additional work completed is $7,500. This budget change would increase our total approved project budget from $80,377 to $87,877. If you have any questions, or if you need any additional information, please do not hesitate to contact me. Sincerely, DE NOVO PLANNING GROUP Amanda Tropiano, Principal AUTHORIZATION This amendment authorizes an increase in the Total Contract Value for the Housing and Safety element Update to an amount not to exceed $87,877. Approved by: CITY OF TEMECULA By Title Date DE NOVO PLANNING GROUP 180 E Main Street #108, Tustin, CA 92780 atropiano@denovoplanning.com 1 (714) 453-7711 Item No. 13 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works / City Engineer DATE: April 12, 2022 SUBJECT: Approve First Amendment to Agreement with Kris R. Winchak dba KRW & Associates for Engineering Plan Check, Map and Legal Description Review PREPARED BY: Julie Tarrant, Principal Management Analyst Anissa Sharp, Office Specialist II RECOMMENDATION: That the City Council approve the First Amendment to the Agreement with Kris R. Winchak dba KRW & Associates for Engineering Plan Check, Map and Legal Description Review, to extend the term of the agreement to June 30, 2023, and increase payment in the amount of $100,000. BACKGROUND: On July 1, 2021, the City entered into an agreement with Kris R. Winchak, dba KRW & Associates to provide engineering plan check, map and legal description review services for FY2021-22, in the amount of $60,000. KRW & Associates provides professional engineering services for plan check, and review of final maps and legal descriptions for the Land Development Division within the Public Works Department in support of new and various ongoing private development projects. The First Amendment will extend the term of the agreement to June 30, 2023, and increase the payment in the amount of $100,000, for a total agreement amount of $160,000. KRW & Associates has provided the city with exceptional professional services for the number of years and this Amendment will allow for the continued plan check services needed to support the completion of an array of development projects within the city. FISCAL IMPACT: Adequate funds are available in the Department of Public Works, Annual Operating Budget for the current FY2021-22, and will be requested as part of the Annual Operating Budget for FY2022-23. ATTACHMENTS: First Amendment FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND KRIS R. WINCHAK dba KRW & ASSOCIATES ENGINEERING PLAN CHECK, MAP AND LEGAL DESCRIPTION REVIEW THIS FIRST AMENDMENT is made and entered into as of April 12, 2022 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Kris R. Winchak, dba KRW & Associates, a Sole Proprietor (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: A. On July 1, 2021, the City and Consultant entered into that certain Agreement entitled "Agreement for Engineering Plan Check, Map and Legal Description Review," in the amount of $60,000.00. b. The parties now desire to extend the term of the agreement to June 30, 2023, increase the payment in the amount of $100,000.00, and to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows - "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2023 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The FIRST Amendment amount shall not exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00), for a total Agreement amount of One Hundred Sixty Thousand Dollars and Zero Cents ($160,000.00). 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 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 Matt Rahn, Mayor ATTEST: By: Rand! Johl, City Clerk APPROVED AS TO FORM: KRIS R. WINCHAK dba KRW & ASSOCIATES (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Kris R. Winchak, Owner & Sole Proprietor By: Peter M. Thorson, City Attorney CONSULTANT KRIS R. WINCHAK dba KRW & ASSOCIATES Kris R. Winchak 3333 Suzie Lane Lake Havasu AZ 86404 (909) 262-7009 kwinchak@_verizon.net City Purchasing Mgr. Initials arid ate: Zit lm- 2 08/09/2021 Item No. 14 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 12, 2022 SUBJECT: Approve First Amendment to Agreement for Consultant Services for Engineering, Survey and Environmental Services with David Evans and Associates, Inc. PREPARED BY: Julie Tarrant, Principal Management Analyst Jenny McConville, Administrative Assistant RECOMMENDATION: That the City Council approve the First Amendment to the Agreement for Consultant Services for Engineering, Survey and Environmental Services with David Evans and Associates, Inc., for a total agreement amount of $1,000,000, for the total term of the agreement. BACKGROUND: On July 23, 2019, the City Council approved the Agreement for Consultant Services for Engineering, Survey and Environmental Services with David Evans and Associates, Inc. The Agreement is for professional services for engineering, survey and environmental, for a period of five years covering Fiscal Years 2020-2024, for a total amount not to exceed $200,000 each fiscal year, for a total agreement amount of $1,000,000. David Evans and Associates has provided exceptional engineering services and is currently working on a variety of CIP projects for the Public Works Department. As a result, we have nearly exceeded the total amount of $200,000 for FY2021 /22, and therefore need to amend the agreement to exclude the annual fixed amount of $200,000 per fiscal year to avoid delays to ongoing projects. The First Amendment will amend the payment to a total Agreement amount of $1,000,000 for the total term of the Agreement. The original term of the Agreement will remain unchanged and will be in effect through June 30, 2024, unless further amended in the future. David Evans and Associates, Inc. has provided an updated Schedule of Hourly Billing Rates for the forthcoming FY2022/23, included as part of this Amendment. FISCAL IMPACT: Adequate funds are made available in the Capital Improvement Program (CIP) for Fiscal Years 2022-2026, and annual services are funded by the various funding sources approved for each project. ATTACHMENTS: First Amendment FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND DAVID EVANS AND ASSOCIATES, INC. ENGINEERING, SURVEY, AND ENVIRONMENTAL SERVICES THIS FIRST AMENDMENT is made and entered into as of April 12, 2022 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and David Evans and Associates, Inc., a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with the respect to the following facts and purposes: a. On July 23, 2019, the City and Consultant entered into that certain Agreement entitled "Agreement for Engineering, Survey, and Environmental Services, in the amount of $200,000.00 each fiscal year, for a total Agreement amount of $1,000,000.00. b. The parties now desire to amend the Agreement as set forth in this Amendment. 2. Section 6 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Million Dollars and Zero Cents ($1,000,000.00) for the total term of this agreement, unless additional payment is approved as provided in this agreement. 3. The "Schedule of Hourly Billing Rates" as set forth in Exhibit B of the Agreement shall be amended to include the revised "Schedule of Hourly Billing Rates", as more fully described in Attachment 1", attached to this First Amendment and incorporated herein by reference. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 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: Peter M. Thorson, City Attorney David Evans and Associates, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By•�,,_ Gavin Powell, Project ManagerlAssociate By: M P I Mark Min , Vice President CONSULTANT ❑avid Evans and Associates, Inc. Attn: Gavin Powell, P.E., LEED AP 41951 Reminaton Avenue, Suite 220 Temecula, CA 92590 (951) 294-9346 gpowell@deainc.com City Purchasing Mgr. Initials and Date: 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 David Evans and Associates, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Matt Rahn, Mayor Gavin Powell, Project Manager/Associate ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney By: Mark Miner, Vice President CONSULTANT David Evans and Associates, Inc. Attn: Gavin Powell, P.E., LEED AP 41951 Remington Avenue, Suite 220 Temecula, CA 92590 (951) 294-9346 gpowell@deainc.com 2 City Purchasing Mgr. Initials and Date: � 3/22/2022 08/09/2021 WAttachment "I" DAVID EVANS awoASSOCIATES INC. Schedule of Hourly Billing Rates Rates Effective through February 28, 2023 Principal -in -Charge $250.00 Survey Manager $2S0.00 Senior Project Manager / Senior Survey Project Manager $230.00 Project Manager / Survey Project Manager $210.00 Senior Project Engineer (Civil or Transportation) $205.00 Project Engineer (Civil or Transportation) $185.00 Senior Project Engineer (Structural) $245.00 Project Engineer (Structural) $215.00 Senior Design Engineer $155.00 Design Engineer $135.00 Junior Engineer (Civil or Transportation) $125.00 Junior Engineer (Structural) $150.00 Senior Landscape Architect $185.00 Landscape Architect $175.00 Irrigation Specialist $1S0.00 Senior Landscape Designer $145.00 Landscape Designer $120.00 Senior Project Surveyor $190.00 Project Surveyor / Senior Survey Analyst $170.00 Survey Analyst / Senior Survey Technician $160.00 Survey CADD / Survey Technician $130.00 Senior Professional Planner $180.00 Professional Planner $160.00 Junior Planner $135.00 CADD Designer $120.00 CADD Drafter $110.00 Project Assistant / Project Coordinator $115.00 Administrative / Clerical $105.00 Note: -Authorized overtime will be charged at 1.5 times the above - Not all labor classifications are shown. 1 of 2 WAttachment "I" DAVID EVANS awoASSOCIATES INC. 1-Person Survey Crew 2-Person Survey Crew Note: There is a 4-, 6- and 8-hour minimum charge for field survey work. $185.00 $325.00 David Evans and Associates, Inc. is a signatory to the International Union Operating Engineers (IUOE) Local 12. Field surveyors are therefore paid prevailing wage rates for all work performed. - Client shall pay the costs, plus 15%, for any applicable governmental fees, title company charges, subconsultant fees, outside vendor reproduction costs, in-house reproduction costs, mileage, and delivery or messenger services incurred on Client's behalf. - Mileage will be charged at the current IRS rate. - 3D Laser Scanner equipment is not included in our overhead rate and will be invoiced at an additional separate daily rate. *rates subject to annual increase estimated at 3-5% escalation. 2 of 2 Item No. 15 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 12, 2022 SUBJECT: Appropriate Additional Funds and Increase Contingency Authorization for the Santa Gertrudis Pedestrian/Bicycle Trail Extension and Interconnect Project, PW08-04 PREPARED BY: Avlin Odviar, Senior Civil Engineer Nino Abad, Associate Civil Engineer RECOMMENDATION: That the City Council: 1. Approve an appropriation in the amount of $885,000 from Measure S for the Santa Gertrudis Pedestrian/Bicycle Trail Extension and Interconnect Project, PW08-04; and 2. Approve an increase to the contingency for construction of the Project by $600,000; and 3. Increase the City Manager Authority to approve construction contract change orders by $600,000. BACKGROUND: The Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect, Project PW08-04 (Project), is a Capital Improvement Project currently under construction. It includes approximately one (1) mile of asphalt pedestrian and bicycle trail mainly along the southern bank of the Creek between Ynez Road and Winchester Road. Construction primarily consists of improvements to existing Riverside County Flood Control and Water Conservation District maintenance roads with new undercrossing and retaining walls at Ynez Road, Interstate 15, and Jefferson Avenue. On March 23, 2021, the City Council awarded the construction contract to Leonida Builders, Inc. in the amount of $3,978,626.25, and authorized the City Manager to approve contract change orders up to $397,862.63, for the Project. During the course of construction there have been a variety of unforeseen conditions including COVID-related delays, mitigation of nesting birds, prior improvements within the channel not documented on existing record data, weather related events, and other circumstances that have increased the cost of construction and delayed completion of the project. These items have nearly depleted the authorized contingency amount of $397,862.63. Staff recommends an additional allocation of $885,000.00 from Measure S to the project account and to increase the City Manager's authorized contingency amount by $600,000.00 for a total authorized contingency of $997,862.63. It is anticipated that these funds will be needed to complete the construction of the project. The remaining $285,000.00 of additional fund allocation is for increases to construction management, inspection, and other oversight costs. FISCAL IMPACT: The Santa Gertrudis Pedestrian/Bicycle Trail Extension and Interconnect Project is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2022-26 with funds including Assembly Bill 2766, BTA- Bicycle Transportation, DIF (Open Space & Trails), General Fund, Measure S, and Senate Bill 1 ATP Augmentation. With the appropriation of the additional $885,000 from Measure S, there will be sufficient funds to complete the project. The additional appropriation coupled with the increase of the contingency and City Manager authority to approve construction contract change orders, will enable staff to complete the project. ATTACHMENTS: 1. Project Description 2. Project Location Map f Adk The Heart of Southern California Wine Country City of Temecula Fiscal Years 2022-26 Capital Improvement Program SANTA GERTRUDIS CREEK PEDESTRIAN/BICYCLE TRAIL EXTENSION Infrastructure Project Project Description: This project includes the design, environmental, and construction of the extension and interconnect of the existing Santa Gertrudis Creek Pedestrian/Bicycle Trail from Ynez Road to the Murrieta Creek Multi -Purpose Trail. The extension and interconnect will provide access and under -crossings at Ynez Road, Interstate15 and Jefferson Avenue, and a continuous paved trail along the Santa Gertrudis Creek to interconnect with the Murrieta Creek Multi -Purpose Trail. Benefit: The project provides additional pedestrian and bicycle trails for the community. Core Value: Transportation Mobility and Connectivity Project Status: The design and environmental document is complete. Construction will start in April 2021 and is expected to be completed by late fall 2021. Department: Public Works - Account No. 210.265.999.739 / PW08-04 Level: I 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 277,721 340,266 617,987 Construction 4,377,043 4,377,043 Construction Engineering 495,600 495,600 Design & Environmental 598,840 153,272 752,112 MSHCP 15,749 30,104 45,853 Total Expenditures 892,310 5,396,285 - 6,288,595 Source of Funds: Assembly Bill 2766 58,683 58,683 BTA - Bicycle Transportation 223,311 223,311 Account DIF-Open Space & Trails 389,073 389,073 General Fund 78,920 78,920 Measure S 821,899 957,709 1,779,608 Senate Bill 1 3,759,000 3,759,000 Total Funding 1,571,886 4,716,709 6,288,595 Future Operating & Maintenance Costs: Total Operating Costs 137 i Temecula - Santa rr i r Trail / � City of Te ecu a to Ge t ud s Creek T a The map SantaGertrudisCreekll.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to update and modification. The City of Temecula assumes no warranty or legal responsibility for the information contained on this ,I map. This map is not for reprint or resale. Visit the City of Temecula GIS online at https://temeculaca.gov/gis 400 800 Feet I I I Updated 12/3/2019 Item No. 16 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 12, 2022 SUBJECT: Approve an Appropriation and Award a Construction Contract to IE General Engineering Inc. for the Ronald Reagan Sports Park Restroom Expansion and Renovation, PW 18-03 PREPARED BY: Kendra Hannah-Meistrell, Senior Civil Engineer Laura Bragg, Associate Engineer II RECOMMENDATION: That the City Council: 1. Approve an appropriation of $290,000 from Measure S to the Ronald Reagan Sports Park Restroom Expansion and Renovation, PW 18-03; and 2. Award a construction contract to IE General Engineering Inc. in the amount of $311,496 for the Ronald Reagan Sports Park Restroom Expansion and Renovation, PW18-03; and 3. Authorize the City Manager to approve construction contract change orders up to 10% of the contract amount, $31,149.60; and 4. Make a finding that the Ronald Reagan Sports Park Restroom Expansion and Renovation, PW 18-03, is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: On April 13, 2021, City Council approved the plans and specifications, and authorized the Department of Public Works to solicit construction bids for the Ronald Reagan Sports Park Restroom Expansion and Renovation, PW 18-03. The Ronald Reagan Sports Park Restroom Expansion and Renovation project provides for the design, fabrication, delivery and installation of a prefabricated restroom building to replace the existing facility. The project includes demolition of the existing facility and surrounding sidewalks and replacement with a pre -fabricated building having eight unisex single stall restrooms, concession facility, and storage area. Work also includes rerouting and upgrading utilities, site grading, parking lot reconfiguration and restriping, concrete work, installation of ADA pedestrian access ramps, landscaping, irrigation, and relocation of existing flagpole, lighting, and monument. The construction contract was publicly advertised for bids between February 10, 2022, and March 3, 2022. On Thursday, March 3, 2022, five bids were electronically opened and publicly posted on PlanetBids. The results are as follows: Contractor Bid Amount 1 IE General Engineering Inc. $311,496.00 2 KASA Construction, Inc. $383,950.00 3 Fleming Environmental Inc. $412,967.00 4 CS Legacy Construction, Inc. $487,793.00 Cennox Non -Responsive Cennox has been deemed non -responsive because they did not provide a signed Bid Sheet, Statement of Technical Ability and Experience, Bidder's Statement of Past Contract Disqualifications, Non -collusion Affidavit or Bidder's Agreement. Also, the Bid Bond was not received prior to the bid opening. Staff has reviewed and analyzed the bid proposals and found IE General Engineering Inc. of Beaumont, California, to be the lowest responsive and responsible bidder for this project. IE General Engineering Inc. has public contracting experience and has completed similar projects for other public agencies. The Engineer's Estimate for the construction contract was $175,000. The Specifications allow for 60 working days, which is approximately three months. The additional requested appropriation will cover the following project's components: 1. Balance of the construction budget plus contingency 2. Geotechnical testing 3. Material testing 4. Engineering of Record construction support 5. Staff administration The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Since July 1, 2008, the RCA has required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90-days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right-of-way improvements projects are 5% of construction costs. This project is exempt from MSHCP fees since it is a replacement of an existing structure, it is located on the same site as the structure being replaced and will have substantially the same purpose and capacity as the structure replaced. FISCAL IMPACT: The Ronald Reagan Sports Park Restroom Expansion and Renovation is identified in the City's Capital Improvements Program (CIP) Budget for Fiscal Year 2022-2026, and is funded with Measure S. With the additional appropriations of $290,000 from Measure S, adequate funds are available in the project account for the contract amount of $311,496, plus the 10% contingency amount of $31,149 for construction contract change orders, for a total encumbrance of $342,645 for construction. ATTACHMENTS: 1. Contract 2. Project Description 3. Project Location Map CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACT for RONALD REAGAN SPORTS PARK RESTROOM EXPANSION AND RENOVATION `�� PROJECT NO. PW18w03 THIS CONTRACT, made and entered into the 12t" day of April, 2022, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "City", and IE General Engineering Inc., hereinafter referred to as "Contractor." WITNESSETH: That City and Contractor, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACT DOCUMENTS The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled RONALD REAGAN SPORTS PARK RESTROOM EXPANSION AND RENOVATION, PROJECT NO. PW18=03, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction,' including all supplements as written and promulgated by Public Works Standards, Inc. (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for RONALD REAGAN SPORTS PARK RESTROOM EXPANSION AND RENOVATION, PROJECT NO. PW18= 03. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 990 Park Center Drive, Suite E Vista, CA 92081 (760) 734-1113 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for RONALD REAGAN SPORTS PARK RESTROOM EXPANSION AND RENOVATION, PROJECT NO. PW18m 030 Incase of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed .and in place and that only the best general practice is to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. CONTRACT C-1 The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict'between this Contract and any other Contract Document shall be resolved in favor of this Contract., 2. SCOPE OF WORK Contractor shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: RONALD REAGAN SPORTS PARK RESTROOM EXPANSION AND RENOVATION, PROJECT NO. PW18=03 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by City. 3. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of City or its authorized -representatives a 4. CONTRACT AMOUNT AND SCHEDULE The City agrees to pay, and Contractor agrees to accept, in full payment for, the work agreed to be done, the sum of: THREE HUNDRED ELEVEN THOUSAND FOUR HUNDRED NINETY-SIX DOLLARS AND ZERO CENTS ($311496.00), the total amount of the base bid. Contractor agrees to complete the work in a period not to exceed 60 working days, commencing with delivery of a Notice to Proceed by City. Construction shall not commence until bonds and insurance are approved by City. 5. CHANGE ORDERS All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS a. Lump Sum Bid Schedule.: -Before submittal of the first payment request, the Contractor shall submit to the Director of Public Works a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Director of Public Works may require. This schedule, as approved by the Director of Public Works, shall be used as the basis for reviewing the Contractor's payment requests. b. Unit Price Bid Schedule: Pursuant to Section 20104.50 of the Public Contract Code, within 30 days after submission of a payment request to the City, the Contractor shall be paid a sum equal to 95%_ of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the 30th day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made 60 days after acceptance of final payment and the Contractor filing cone-year CONTRACT C-2 Warranty and an Affidavit of Final Release with the City on forms provided by the City. ca Payment for Work Performed: Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. d. Payment of Interest: Interest shall be paid on all undisputed payment requests not paid within 30 days pursuant to Public Contract Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. 7. LIQUIDATED DAMAGES / EXTENSION OF TIME a. Liquidated Damages: In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of $1,000 per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to Contractor. b. Extension of Time: Contractor will be granted an extension of time and will not be 0 assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of the Contractor, including delays caused by City. Within ten calendar days of the occurrence of such delay, Contractor shall give written notice to City. Within 30 calendar days of the occurrence of the delay, Contractor shall provide written documentation sufficient to support its delay claim to City. Contractor's failure to provide such notice and documentation shall constitute Contractor's waiver, discharge, and release of such delay claims against City. 8. WAIVER OF CLAIMS, On or before making each request for payment under Paragraph 6 above, Contractor shall submit to City, in writing, all claims for compensation as to work related to the payment. Unless the Contractor has disputed the amount of the payment, the acceptance by Contractor of each payment shall constitute a release of all claims against the City related to the payment. Contractor shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING.WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at hftp:e //www.dir.ca.gov, Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1720,91 1725.51 1771.1 (a), 1773.8, 1775, 17767 177T5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion CONTRACT C-3 thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated r)revailina rates for. anv work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. be subject to compliance monitoring and enforcement Relations (DIR) pursuant to Labor Code Section 1771.40 10. TIME OF THE ESSENCE Time is of the essence in this contract. 11. INDEMNIFICATION This project, work, or service will by the Department of Industrial All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify, hold harmless and defend the City of Temecula, Temecula Community Services District, and/or Successor Agency to the Temecula Redevelopment Agency, its officers, employees, and agents, against any and all liability, injuries, or death of persons (Contractor's employees included), and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the City. The Contractor shall indemnify and be responsible for reimbursing the City for any and all costs incurred by the City as a result of Stop Notices filed against the project. The City shall deduct such costs from progress payments or final payments due to the Contractor. 12, GRATUITIES Contractor warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to City ) s employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13, CONFLICT OF INTEREST Contractor warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the City who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. Contractor further warrants that no person in its employ nor any- person with an ownership interest in the Contractor has been employed by the City within one year of the date of the Notice Inviting Bids. 14, CONTRACTOR'S AFFIDAVIT *0 After the completion of the work contemplated by this Contract, Contractor shall Tile with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES CONTRACT C-4 Whenever the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City. 16, BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 17, INSPECTION. The work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety, and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION, Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. 20, PROHIBITED INTEREST No member, officer, or employee of the City of Temecula or of a local public body who has participated in the development of the specifications or approval of this project or will administer this project shall have any interest, direct or indirect, in the Contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the Contractor covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4,,6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS By signing this Contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-336, as amended. CONTRACT C-5 22. WRITTEN NOTICE Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the Contractor as set forth in the Contract Documents, and.to the City addressed as follows: Mailing and Delivery Address: 23, INSURANCE. Patrick A. Thomas, PE Director of Public Works / City Engineer City of Temecula 41000 Main Street Temecula, CA 92590 The Contractor shall procure and maintain, for the duration of the Contract, insurance against claims for injuries toersonspor damages to Property which may arise from or in connection with the performance of the work by the Contractor, its agents, representatives, employees or subcontractors. Minimum Scope of Insurance: Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability Form No. CG 00 01 11 85 or 88.. 2. Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, anon-owned auto endorsement to the General Liability policy described above is acceptable. 3. Worker's' Compensation insurance as required by the State of,California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Contract, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees., Minimum Limits of Insurance: The Contractor shall maintain limits no less than: 1. General Liability: Two Million Dollars $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to'.this projecti/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: One Million Dollars $1,000,000 per accident for bodily injury and property damage. 3. Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars $1,000,000 per accident for bodily injury or disease. Deductibles and Self -Insured Retentions: Any deductibles or self-insurance retentions shall.,not exceed Twenty -Five Thousand Dollars $25,000. Other Insurance Provisions: The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: CONTRACT C-6 1. The City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers are to be covered as insureds as respects to liability arising out of activities performed by or on behalf of the Contractor; PI$ roducts and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded.to the City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents or volunteers. 2. For any claims related to this project, the Contractor's insurance covera�yu shall be primary insurance as respects the City of Temecula, Temecula Community Services District,' Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, Temecula Community Services District-, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers. 4. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5. Each insurance policy required by this Contract shall be endorsed to state in substantial conformance to the following: If the policy will be cancelled before the expiration date the insurer will notify in writing to the City of such cancellation not less than 30 days prior to the cancellation effective date. 6. If insurance coverage is cancelled or reduced in coverage or in limits, the Contractor shall within two business days of notice from the insurer, phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. Acceptability of Insurers: Insurance is to be placed with insurers with a currentA.M. Best ) s rating of no less than A-, Vil or better, unless otherwise acceptable to the City. Self, - insurance shall not be considered to comply with these insurance requirements. Verification of Coverage: Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The, endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. CONTRACT C-7 Subcontractors: Contractor shall include all- subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein,. 24. RECOVERED MATERIALS AND SOLID WASTE DISPOSAL ACT Contractor agrees to comply with all requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 25. TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT Contractor shall not procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115- 232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, or any subsidiary or affiliate of such entities. Covered equipment also includes video surveillance and telecommunications equipment or services provided by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, Dahua Technology Company, any subsidiary or affiliate of such entities, and any entity that the Secretary of Defense, in consultation with the Director of -the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned -or controlled by, or otherwise connected to, the government of a covered foreign country. 26. COMPLIANCE WITH LAWS The Contractor shall comply with all applicable federal, State and local laws, ordinances, codes and regulations in force at the time the Contractor performs pursuant to the Contract Documents, and shall comply with all grant or funding terms and conditions applicable to the Contract and/or the work. 23. CLAI'M DISPUTE RESOLUTION, In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters. All claims arising out of or related to the Contract or this project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must present a claim in accordance with the Government Claims Act as a prerequisite to prosecuting any claim against the City. The filming or prosecution of a claim in compliance with Section 9204 and/or. Article 1.5 (if applicable) does not in any way obviate the need to timely present a CONTRACT C-8 claim under the Government Claims Act, or in any toll the expiration of any limitations period.for the timely presentation of a claim under the Government Claims Act. CONTRACT C-9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: � CONTRACTOR: IE General Engineering Inc. 1440 Beaumont Avenue, Ste. A2=130 Beaumont, CA 92223 951 m6l 6 =331 1 accounting@'iegeneral.com Gene Parker Print or type NAME President Print or type TITLE* Gene Parker Print or type NAME Secretary -- own" Print or type TITLE* (*Signatures of two corporate officers required for Corporations) 0 DATED: ATTEST: Randi Johl, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CITY OF TEMECULA By: Matt Rahn, Mayor CONTRACT C-10 Adik The Heart of Southern California Wine Country City of Temecula Fiscal Years 2022-26 Capital Improvement Program RONALD REAGAN SPORTS PARK RESTROOM EXPANSION & RENOVATION Parks/Recreation Project Project Description: This project provides for the design and construction of the restroom building expansion at Ronald Reagan Sports Park. The restroom expansion includes adding additional restroom stalls and urinals, renovating the snack bar, and enlarging the storage case. Benefit: This project provides additional facilities for park patrons. Core Value: Healthy and Livable City Project Status: Project is estimated to be complete in Fiscal Year2021-22. Department: Public Works - Account No. 210.290.999.114 / PW18-03 Level: I 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 55,948 50,000 62,380 168,328 Construction 54,579 837,473 892,052 Construction Engineering 9,280 37,039 46,319 Design & Environmental 46,476 29,024 75,500 Total Expenditures 166,283 953,535 62,380 1,182,199 Source of Funds: Measure S 725,000 394,819 62,380 1,182,199 Total Funding 1 725,000 394,819 62,380 - - 1,182,199 Future Operating & Maintenance Costs: Total Operating Costs 162 Ronald Reagan Sports Park Restroom Expansion and Renovation Parks and Recreation Project Location 0 200 400 Feet The map RonaldReaganRestroom.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to update Al and modification. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. This map is not for reprint or resale. Visit the City of Temecula GIS online at https://temeculaca.gov/gis 2018 Aerial Data 176 Item No. 17 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 12, 2022 SUBJECT: Approve Appropriation of Additional Funds for the Traffic Signal — Park and Ride Access Improvements, PW18-11 PREPARED BY: Kendra Hannah-Meistrell, Senior Civil Engineer Laura Bragg, Associate Engineer II RECOMMENDATION: That the City Council approve an appropriation of $170,000 from Measure S to the Traffic Signal — Park and Ride Access Improvements, PW 18-11. BACKGROUND: The Traffic Signal — Park and Ride Access Improvements, PW 18- 11, is a Capital Improvement Project currently under construction. It includes installation of a new traffic signal and median modifications on Temecula Parkway at Wabash Lane, construction of an access road from Temecula Parkway at Wabash Lane to the existing park and ride facility, and the elimination of the existing entrance to the park and ride facility on Vallejo Avenue by extending the existing block wall. On May 25, 2021, the City Council awarded the construction contract to PAL General Engineering Inc. and approved an appropriation from Measure S for the Traffic Signal - Park and Ride Access Improvements, PW 18-11. During construction, unforeseen conditions including COVID-related and supply chain delays, weather related events, and other circumstances have extended the duration of construction and delayed completion of the project. Consequently, these circumstances have extended the administration time required for the project nearly depleted the administration account used for project management and inspection. Also, additional construction engineering funds are needed for the administrative process with the County of Riverside after the completion of the project. FISCAL IMPACT: The Traffic Signal — Park and Ride Access Improvements project is identified in the City's Capital Improvement Program (CIP) Budget for Fiscal Year 2022-2026. It is funded with Measure S, General Fund, Settlement Proceeds and Developer Contribution. With the additional appropriation of $170,000 from Measure S, adequate funds will be available to complete the project. ATTACHMENTS: 1. Project Description 2. Project Location Map Alk f The Heart of Southern California Wine Country City of Temecula Fiscal Years 2022-26 Capital Improvement Program TRAFFIC SIGNAL - PARK & RIDE ACCESS IMPROVEMENTS Circulation Project Project Description: This project includes the installation of a traffic signal on Temecula Parkway at Wabash Lane. The project also includes relocating the access of the Park and Ride facility on Temecula Parkway at La Paz Road from Vallejo Avenue to Wabash Lane. Benefit: This project improves traffic safety and circulation throughout the City. Core Value: Healthy and Livable City Project Status: Design is complete. Construction will be completed in Fiscal Year 2021-22. Department: Public Works - Account No. 210.265.999.605 / PW18-11 Level: I 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 85,619 61,506 151,200 298,325 Construction 14,351 750,514 210,922 975,787 Construction Engineering 115,155 70,000 185,155 Design & Environmental 248,149 30,955 279,104 MSHCP 41,425 11,100 52,525 Total Expenditures 348,119 999,555 443,222 - 1,790,896 Source of Funds: Developer Contribution 175,000 175,000 General Fund 226,725 226,725 Measure S 50,505 395,444 443,222 889,171 Settlement Proceeds 500,000 500,000 Total Funding i 777,2301 570,444 443,222 1,790,896 Future Operating & Maintenance Costs: Total Operating Costs 93 / CO Traffic Signal Park and Ride Access lmprovements Circulation Project Location ,.� Ft %'V . _ •� r I G a •'i'� 6-6 16 J•'�_.i Eqpt � .,! � "' .1. �/ < • �> Y Ira �{ I% �'�Jt2 e _ ,♦ ��° !� <ky 4b 1hC `�_� ti '�:: wl� ♦fir"` � `ae, .v:'i �` _�+ _ --. „_ -z yam, y I e k Z y�� C f 3 r 0". I`r R+-• �i� x ' '' 4 �' � r # * C�.�. E •.� ♦ ems.._ ' �'iSMt e F w ♦ <! Legend CIPArea 0 200 400 Feet The map TraffcSignal_ParkandRide.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to update I�i�l and modification. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. This map is not for reprint or resale. Visit the City of Temecula GIS online at https://temeculaca.gov/gis 2018 Aerial Data 82 Item No. 18 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 12, 2022 SUBJECT: Approve the Initial Study and Adopt a Mitigated Negative Declaration for the Santa Gertrudis Creek Trail Phase II — Margarita Road Undercrossing Project, PW 19-04 PREPARED BY: Avlin R. Odviar, Senior Civil Engineer William Becerra, Associate Engineer II RECOMMENDATION: That the City Council: 1. Approve the Initial Study (IS) and adopt a Mitigated Negative Declaration (MND) for the Santa Gertrudis Creek Trail Phase II - Margarita Road Undercrossing Project, PW19-04; and 2. Direct the Public Works Director to file the Notice of Determination (NOD). BACKGROUND: The Santa Gertrudis Creek Trail Phase II — Margarita Road Undercrossing, PW 19-04; includes the design, environmental, and construction of the under - crossing in Santa Gertrudis Creek at Margarita Road to connect to the pedestrian/bicycle trail. The under -crossing at Margarita Road will provide a continuous paved trail along the Santa Gertrudis Creek at this location. As required by the California Environmental Quality Act (CEQA) an Initial Study (IS) was prepared. The IS identified no impact or a less than significant impact for the following environmental areas of concern: • Aesthetics • Agriculture and Forestry Resources • Air Quality • Energy • Geology and Soils • Greenhouse Gas Emissions • Hazards & Hazardous Materials • Hydrology and Water Quality • Land Use and Planning • Mineral Resources • Noise • Population & Housing • Public Services • Recreation • Transportation • Tribal Cultural Resources • Utilities and Service Systems • Wildfire The IS identified the following areas of potential concern that will be reduced to a less than significant impact with mitigation incorporated as summarized: • General: A qualified biologist will be required to conduct pre -construction survey and training for construction personnel and monitor construction activities to ensure practicable measures are being employed to avoid incidental disturbance of habitat and species of concern outside the project footprint. • Cultural Resources: Require a certified archaeologist to monitor construction in coordination with the Pechanga Tribe. Implement recommendations for a pre -grading meeting with contractors, grading monitoring on a period and frequency as approved and coordinated with the Pechanga tribe, and cultural resources protection, avoidance, and curation as required in the event of resource discovery. Under CEQA guidelines, an Initial Study (IS) determined a Mitigated Negative Declaration (MND) be completed for the project. The MND includes mitigation measures to reduce potential impacts to a level of less than significant. Staff recommends that the City Council approve the IS and adopt an MND for this project. A summary of the proposed mitigation measures is included within the attached Final IS/MND. The Notice of Intent to Adopt a Mitigated Negative Declaration was posted on February 14, 2022. The corresponding public review comment period also commenced on February 14, 2022, and concluded on March 16, 2022. Notification signage was placed on the project site and a notice was placed in the local newspaper. The City of Temecula did not receive any written comment letters. FISCAL IMPACT: The Santa Gertrudis Creek Trail Phase II - Margarita Road Undercrossing Project is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2022-26, and is funded with Senate Bill 1 and Measure S. There are sufficient funds in the project account to cover the California Environmental Quality Act (CEQA) Mitigated Negative Declaration fee of $2,598 (includes $50.00 County filing fee). ATTACHMENTS: 1. Initial Study Mitigated Negative Declaration 2. Notice of Determination 3. Project Description SANTA GERTRUDIS CREEK TRAIL PHASE II UNDERCROSSING AT MARGARITA ROAD PROJECT Final Initial Study/Mitigated Negative Declaration Prepared for City of Temecula March 2022 F ESA SANTA GERTRUDIS CREEK TRAIL PHASE II UNDERCROSSING AT MARGARITA ROAD PROJECT Final Initial Study/Mitigated Negative Declaration Prepared for City of Temecula 550 West C Street Suite 750 San Diego, CA 92101 619.719.4200 esassoc.com Bend Orlando San Jose Camarillo Pasadena Santa Monica Delray Beach Petaluma Sarasota Destin Portland Seattle Irvine Sacramento Tampa Los Angeles San Diego Oakland San Francisco March 2022 ESA OUR COMMITMENT TO SUSTAINABILITY I ESA helps a variety of public and private sector clients plan and prepare for climate change and emerging regulations that limit GHG emissions. ESA is a registered assessor with the California Climate Action Registry, a Climate Leader, and founding reporter for the Climate Registry. ESA is also a corporate member of the U.S. Green Building Council and the Business Council on Climate Change (BC3). Internally, ESA has adopted a Sustainability Vision and Policy Statement and a plan to reduce waste and energy within our operations. This document was produced using recycled paper. TABLE OF CONTENTS Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project Final Initial Study/Mitigated Negative Declaration Paqe Acronyms and Abbreviations ................................................................................................iii Foreword.................................................................................................................................vii Overview...................................................................................................................................1 EnvironmentalSetting.............................................................................................................1 ProjectComponents................................................................................................................2 Proposed Trail Connection...............................................................................................2 OtherImprovements.........................................................................................................7 Construction and Operational Maintenance.........................................................................7 Environmental Factors Potentially Affected.......................................................................10 Environmental Checklist.......................................................................................................11 Aesthetics.......................................................................................................................11 Agriculture and Forestry Resources...............................................................................14 AirQuality.......................................................................................................................16 Biological Resources......................................................................................................26 Cultural Resources.........................................................................................................37 Energy............................................................................................................................41 Geologyand Soils..........................................................................................................43 Greenhouse Gas Emissions...........................................................................................49 Hazards and Hazardous Materials.................................................................................52 Hydrology and Water Quality.........................................................................................56 LandUse and Planning..................................................................................................60 Mineral Resources..........................................................................................................61 Noise...............................................................................................................................62 Population and Housing.................................................................................................68 PublicServices...............................................................................................................69 Recreation......................................................................................................................71 Transportation................................................................................................................72 Tribal Cultural Resources...............................................................................................76 Utilities and Service Systems.........................................................................................79 Wildfire............................................................................................................................82 Mandatory Findings of Significance...............................................................................84 Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project I ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Table of Contents Paqe Appendices A. Air Quality and GHG Calculations B. Biological Resources Technical Report C. Aquatic Resources Delineation Report D. Cultural Resources Assessment Report E. Energy Calculations F. Foundation Report for Retaining Walls G. Water Quality Management Plan for Santa Gertrudis Creek Phase II — Margarita Road Undercrossing H. Noise Calculations List of Figures 1 Regional Location.............................................................................................................3 2 Project Site.......................................................................................................................4 3 Trail Improvement Plan....................................................................................................5 4 Trail Improvement Profile.................................................................................................6 List of Tables 1 Construction Phasing.......................................................................................................8 2 Estimated Construction Schedule..................................................................................19 3 Maximum Regional Construction Emissions — without Mitigation (pounds per day)............................................................................................................20 4 Maximum Localized Construction Emissions — without Mitigation (pounds per day)............................................................................................................23 5 Construction Equipment.................................................................................................64 6 Construction Equipment Noise Reference Levels and Usage Factors .........................64 7 Construction Noise in Different Phases.........................................................................65 Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project II ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Acronyms and Abbreviations Acronym/Abbreviation Definition ALUCP Airport Land Use Compatibility Plan APE Area of Potential Effects AQMP Air Quality Management Plan AR4 Fourth Assessment Report ARDR Aquatic Resources Delineation Report ASML above mean sea level BC3 Business Council on Climate Change BMP best management practice BTR Biological Technical Report CAAQS California Ambient Air Quality Standards CAL FIRE California Department of Forestry and Fire Protection CARB California Air Resources Board CBC California Building Code CDFW California Department of Fish and Wildlife CDMG California Division of Mines and Geology CEQA California Environmental Quality Act CGS California Geologic Survey CH4 methane CNDDB California Natural Diversity Database CNPS California Native Plant Society CO carbon monoxide CO2 carbon dioxide CO2e carbon dioxide equivalent CWA Clean Water Act CY cubic yards DBESP Determination of Biologically Equivalent or Superior Preservation DOC California Department of Conservation DPM diesel particulate matter DPW Temecula Department of Public Works DTSC California Department of Toxic Substances Control EIC Eastern Information Center EMWD Eastern Municipal Water District FMMP Farmland Mapping and Monitoring Program GAW ground anchor wall GHG greenhouse gas GWP global warming potential HAP hazardous air pollutants HFC hydrofluorocarbon HHD heavy -heavy-duty IPCC Intergovernmental Panel on Climate Change Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project III ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 and Abbreviations Acronym/Abbreviation Definition JRMP Jurisdictional Runoff Management Plan LOS Level of Service LST Localized Significance Thresholds MLD a Most Likely Descendent MMT million metric tons MSHCP Western Riverside Multiple Species Habitat Conservation Plan MT metric ton MWD Metropolitan Water District N2O nitrous oxide NAAQS National Ambient Air Quality Standards NAHC Native American Heritage Commission NPDES National Permit Discharge Elimination System OPR Governor's Office of Planning and Research OS-C Open Space Conservation PFC perfluorocarbon PM10 coarse particulate matter RCFCD Riverside County Flood Control District RCFD Riverside County Fire Department RCFWCD Riverside County Flood and Water Conservation District RCWD Rancho California Water District RTA Riverside Transit Authority RWQCB Regional Water Quality Control Board SB Senate Bill SCAG Southern California Association of Governments SCAQMD South Coast Air Quality Management District SF6 sulfur hexafluoride SGCT Santa Gertrudis Creek Trail SLF Sacred Lands File Sox sulfur oxides SR State Route SSRE Source Reduction and Recycling Element SWPPP Stormwater Pollution Prevention Plan SWRCB State Water Resource Control Board TAC toxic air contaminant TACM Airborne Toxic Control Measures TPD Temecula Police Department USACE U.S. Army Corps of Engineers USEPA U.S. Environmental Protection Agency USGS U.S. Geological Survey VHFHSZ Very High Fire Hazard Severity Zone VMT vehicle miles traveled VOC volatile organic compounds Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project IV ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 and Abbreviations Acronym/Abbreviation Definition WE AP Workers Environmental Awareness Program WQMP Water Quality Management Plan Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project V ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 and Abbreviations This page intentionally left blank Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project A ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 FOREWORD The City of Temecula prepared a Draft Initial Study/Mitigated Negative Declaration for the Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project (State Clearinghouse Number 2022020289), which was circulated for a 30-day public review period pursuant to requirements of Chapter 3, Section 15073(a), of the California Environmental Quality Act (CEQA) Guidelines. The review period gives agencies, organizations, and members of the public the opportunity to review the Draft Initial Study/Mitigated Negative Declaration and provide comments on the document and the environmental analysis presented therein. The 30-day review period commenced on February 14, 2022 and ended on March 16, 2022. During the review period, the District did not receive any letters from reviewing agencies, organizations, or members of the public commenting on the Draft Initial Study/Mitigated Negative Declaration. As such, there are no responses to comments included as part of this Final Initial Study/Mitigated Negative Declaration. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project VII ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Neqative Declaration This page intentionally left blank Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project VIII ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 ENVIRONMENTAL CHECKLIST Initial Study/Mitigated Negative Declaration 1. Project Title: 2. Lead Agency Name and Address 3. Contact Person and Phone Number Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road City of Temecula Planning Department, 41000 Main Street, Temecula CA, 92590 Will Becerra Jr. (951) 693-3963 4. Project Location: The Project Site is beneath and perpendicular to Margarita Road, along the south side of Santa Gertrudis Creek, and is adjacent to and extending the Santa Gertrudis Bicycle Trail, in the City of Temecula, CA. 5. Project Sponsor's Name and Address: City of Temecula, CA 6. General Plan Designation(s): 7. Zoning: 8. Description of Project: Overview Open Space Open Space Conservation (OS-C) The City of Temecula, as the lead agency under the California Environmental Quality Act (CEQA), has identified the need for the Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road (Proposed Project or Project). The Project would design and construct a bicycle/multi-use trail undercrossing for the existing Santa Gertrudis Creek Trail (SGCT). The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four - lane divided collector roadway. The proposed undercrossing would improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. Environmental Setting The Project Site is located at Margarita Road and the south side of Santa Gertrudis Creek, in the City of Temecula, CA, as shown in Figure 1 and Figure 2. The existing SGCT is a 3-mile paved trail, which traverses from northeast to southwest in the City of Temecula and serves as both a recreational amenity and an active transportation alternative. The northeastern terminus of SGCT is located at Nakayama Park, near the intersection Joseph Road and Nicolas Road. The trail is adjacent to the south side of Santa Gertrudis Creek, meanders to the north and Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Neqative Declaration passes under State Route 79 (SR-79), before reaching the southwestern terminus at Ynez Road near Winchester Road. The existing crossing of the SGCT is located at Margarita Road, which is a 100-foot wide, four - lane divided collector street in the City of Temecula, with a posted speed limit of 45 miles per hour. At the crossing of the Santa Gertrudis Creek, Margarita road narrows to 88 feet in width. Within the Project limits, Margarita Road has two lanes of traffic in each direction, with a partially -landscaped median varying in width from 13 feet to 22 feet, 7-foot northbound and 5- foot southbound Class II bike lanes, and 6-foot sidewalks on both sides. The roadway grade varies from approximately 2 percent to 3 percent. The Project Site ranges in elevation, with the westernmost extent at 1,070 feet above mean sea level (ASML), with the easternmost extent at 1,072 ASML. Project Components The Proposed Project consists of a total of approximately 610 feet of a shared bicycle/trail undercrossing beneath the overpass of Margarita Road. The proposed off-street paved undercrossing would begin where the existing grade of the SGCT ramps begin to elevate to meet the grade of the overcrossing of Margarita Road at the east and west sides, which is slightly north of the existing overcrossing site, as shown in Figure 3 and Figure 4. The Project would include the removal of existing pavements and soils to bring the proposed SCGT to five percent grade, utility improvements, and the construction of the SGCT in a new location beneath Margarita Road. Proposed Trail Connection Implementation of the Proposed Project would include the demolition of the existing SGCT along the east and western sides of Margarita Road, which includes the removal of one -foot minimum of existing aggregated concrete pavement and the compaction of existing soils to bring to grade the proposed trail. The proposed juncture of the existing trail and proposed undercrossing would be brought to a median elevation of 1,064.3 feet AMSL, which results in a five percent grade change to the lowest extent of the proposed trail on each side. The trail would adjoin the existing grade of 1,069 feet AMSL at the western extent and 1,071.98 feet AMSL at the eastern extent as shown in Figure 4. The Project would include the reconstruction and/or replacement of the existing trail and infrastructure, such as the existing retaining wall and channel slope paving and cut-off wall. A ground anchor wall (GAW) is also proposed below the Margarita Road undercrossing, which would be used to retain the abutment end slope. Existing water valves and fixtures impacted by trenching of the soil to grade would be restored, which include utilities such as water valves and curb and gutter replacements. It is anticipated that all conflicting surface utilities facilities would either be protected in place or be relocated within the confines of the Project boundary (including a 20-inch waterline owned by Rancho California Water District (RCWD) that would be relocated a maximum of 23-feet to the east of the proposed anchor wall). Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 2 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Corona Lake Matthews 60 Moreno Valley Lake ® Perris Perris f j ® 74 I Sun City Cleveland Lake Lake Elsinore National ! Elsinore Ci / OJT Wildomar G Santa Ana � Mountains R �l © \ Project Location !---------------- , Temecula L R��FR / SqAto,FG of cOUAft), �n C�vNTY ya — San Clemente Camp Pendleton 5 % r• Marine Corps Base 76 Bonsall Pauma Valley Oceanside O o s Miles SOURCE: ESRI 371 ------------- Vista"- Valley Center Carlsbad 78 San Marcos Escondido San Pasqual Lake Sutherland Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Figure 1 Regional Location ESA ?� • •� WILLOWS h p ! -R� i i •' -AST •p /4GLfNDR „'� ��� .. . a � • � � � - ENERAL KEA?NY.R _ + / I A s� 41 A All �.'�j, �'� ;'e'W� �• /i - '�1 _ N/COLASiRD y� 75�, - J n y$.1'��07 DEER MEA�W'•s�p;�`�•?� PY ',+i - RVESTONDR'� ^ty ,'W�L P{ � • •,AY 1 ,?� ♦� � VA ;+ ac ����� •'Fo l �'� ' � y��y �' �-may a �4: � �R. �'�, � �� .� � ,�Q�p� •'� ♦ � � � !� • ��•'••'�''' ' SUE.. p,LLLOo� ,•9 DA0J COUNT ��A 1 APIA,, 4,J i Willy- ject Site fit {il %` t Aw ���L: v Vd�le TOE OF ARMORFLEX_ z BOTTOM OF O x a o ~ ARMORFLEX SLOPE o w a o zo 0 �LJ n a U X Q N U O D U 0]�� U N if7Q(n �Qa 'CO T : > OMw w coo +7 m +� �wm SAWCUT LINE AND 76J1� E IS dOMMUNICATION LINES - EXISTING SLOPE PAVIN (3 FRONTIER, 1 CHARTER) SANTA GERTRUDIS CREEK / FLOW 13i EXIST 30" WATER LINE (RCWD) 1 / Mi _- Yr■ ■■lr. ■.Y■ ■i.-r ��i-�rL ri■ .�a7 r '7707 7... �-'•-. 3 �'' Q A; 7 9 � 070.87 =X= 4— —� — 0�� EXIST R/W w STA 'f1+r4'b1 ,_TT_32� RTC w E7R ? / / \ ✓ / I o Beg CURB w O Yo �� End AC PVMT �- w w T JOIN EXIST / / EXIST 54" WATER o / II / / / w LINE (RCWD) II II II II �� �� 11 ✓,/. / � / i /> REMOVAL NOTES CONSTRUCTION NOTES ® ❑i REMOVE AND RECONSTRUCT CHANNEL SLOPE Oi PROTECT IN PLACE PAVING AND CUT-OFF WALL PER DETAIL ON SHT XX O SAWCUT 1' MINIMUM ® ❑2 REMOVE AND RECONSTRUCT ARMORFLEX IN KIND O CONSTRUCT 6" PCC PAVEMENT ON COMPACTED SOIL ❑3 REMOVE CHANNEL SLOPE PAVING D CONSTRUCT 4" AC PAVEMENT ON COMPACTED SOIL Os CONSTRUCT 6" CURB PER APWA STD PLAN 120-2, CASE A1-6(150) REMOVE AC PAVING O CONSTRUCT TYPE 5 RETAINING WALL PER RETAINING WALL PLAN O CONSTRUCT TIEBACK WALL PER TIEBACK WALL PLAN v O CONSTRUCT 4' HIGH CHAIN LINK FENCE PER CALTRANS STD PLAN A85 g CONSTRUCT CABLE RAILING PER CALTRANS STD PLAN 311-47 10 CONSTRUCT GUTTER PER CALTRANS STD PLAN 133-6 © 0 40 2 - Feet SOURCE: City of Temecula Department of Public Works, 2021 /SAWCUT LINE AND , EXISTING SLOPE PA' EXIST Channel Construction Limit N '( 0.19 Acres (8,250 SF) �P AS LINE 1 i PIER WALL / 10 ✓ /\ \ W w/ w w/_ w 11 CONSTRUCT 6" CONCRETE SLOPE W/ #4 @ 18" EA. WAY W/ 3" WEEP HOLES (10' O.C. TYP.) AND JOIN EXISTING CONCRETE SLOPE PAVING PER DETAIL ON SHEET 3 O INSTALL ARMORFLEX W/ GEOTEXTILE UNDERLAY OR 12 APPROVED EQUAL PER DETAIL ON SHEET 3 vA za • OF •• X TOE OF ARMORFLEX SLOPE • (7:. • • • • • • LU 62 ic"i['J . wr��IwlS������ /��i��w�w\►w�w���c r��7w�w��iJt. ' • • w�►�w��������1/i:9www�w\►wrw�we �Wi:�Iw�w_-`�►�'� WWRVWWWq Il'Wwis_wWw_w7WIWwewQ7 wWwew m w_www_wq �57�14t74 65 — B —� XIST R End C �T 7 FOR /� Be AC�PVMT w w w w w w XIST RAIN EM L ) t9l`�O MENT Channel Construction Limit 0.44 Acres (19,200 SF) r Project Construction Limit 0.60 Acres (26,300 SF) arce Ine an urve Table Line #/Curve # Length Bearing/Delta Radius TANGENT C1 30.64 5.85 300.00 15.33 C2 30.02 5.73 300.00 15.02 C3 29.73 5.68 300.00 14.88 C4 31.48 6.01 300.00 15.76 Li 73.89 ................ .............. L2 333.14 .............. .............. L3 79.46 .............. .............. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Figure 3 Trail Improvement Plan r ESA J I I I I BRIDGE I I I I -------- SOFFIT I L=31.45 L 4" GAS PIPE L-30.64' L=30.02' W/ " CASING )�I 5��73' MV) U x 0)107.5 PVC LEV 1071. + m > Iq coho w 5Qi VC O' H U m n U > P ST +63.50 c0 �000 r`On O��Q +r no o °x w nN 00L' P I EL 070.41 > �+o� OHO O0LU r0 to_ 0 O �+O p �ON +u)O O + O r, 01r --- .70% rOi I0 _ — O + — — — \ PROP FS @ LT TRAIL EDGE i m 100• VC w V) % STA 13+12.50 o P un v�(0 i N P ELEV 1062.96 N t coo C� 0� +( i NO P O o O a, o m OO ,n MO PROP FS @ LT N o o N Lri N n o TRAIL EDGE \ O N + (00 + c0 FX ST GROUND @ T TRAIL EDGE __ / -- — — — — — — — -- -- 13+12.50 MV ---- --------- EXIST GROU LT TRAIL EDGE D @ —_------ EXIS 30" WATER LINE 'I (TBC WITH POTHOLING) EX ST 20" WATER LINE PRORLE I T C WITH POTHOLING EXIST 30" W TER LINE I HOR17 1" -20' TBC WITH P THOLING i VERT 1" = 2' 10+00 11+00 12100 13f00 14+00 15+00 16100 SOURCE: City of Temecula Department of Public Works, 2021 Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Figure 4 Trail Improvement Profile r ESA J Final Initial Study/Mitigated Negative Declaration The proposed trail undercrossing will measure 610 feet long and 12 feet wide, and will be paved on compacted soil beneath Margarita Road, directly to the north of the existing overcrossing. A retaining wall would be constructed where the proposed shared -use path would encroach into the cut slopes of Santa Gertrudis Creek along the northern length of the existing SGCT. The proposed retaining wall would measure approximately 6 to 10 feet in height and would incorporate drainage V-ditches outside of the Margarita Road bridge. The existing pier wall near the Santa Gertrudis Creek and Flood Control facilities and posts beneath the Margarita Road overpass would be protected in place. The existing channel wall slope paving would be removed and reconstructed. As part of this process, articulated concrete blocks that currently extend into the bed of the creek, from the toe of the existing retaining wall, will be replaced with a comparable material that will improve the stability of the new infrastructure; this replacement will result in the removal of a minimal quantity of vegetation present within the channel; however, the new material will allow for this vegetation to regrow and persist following Project completion. In addition, a tieback wall would be constructed to prevent erosion of the existing slopes, along the southern length of the proposed shared -use path. The Project would include the installation of a 4-foot high, chain -link fence and a Type 5 retaining wall in accordance with Caltrans Standard Plans (133-1) along the north side of the proposed undercrossing. The retaining wall would serve as a barrier between the proposed shared -use path and the existing Santa Gertrudis Creek edge due to the close proximity of the two facilities. Other Improvements Bike path signage would be installed throughout the Project Site to educate users of the SGCT on current laws and user responsibility. In addition, landscaping and slope improvements would be needed along the proposed shared -use path. It should be noted that the Project does not include any installation of trail lighting. Construction and Operational Maintenance Construction of the Project is estimated to occur over six (6) months, starting in late 2022. Sub - phases of construction would include clearing of existing vegetation, demolition of the existing SGCT and other concrete improvements within the Project Site, site excavation, grading, utility construction, concrete pathway construction, and signing and striping installations, as shown on Table 1. Grading of the Project Site would require approximately 264.85 cubic yards (CY) of cut materials and 440.57 CY of fill materials, for a net of 175.72 CY of materials to be imported. Once construction is completed, routine maintenance (including mowing and disking) of the Santa Gertrudis Creek would be performed by the Riverside County Flood Control District (RCFCD), as necessary. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 7 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration TABLE 1 CONSTRUCTION PHASING Phase Approximate Timeline Description Phase 1 1 month Demolition and Site Preparation Phase 2 4 months Construction of Retaining Walls and Concrete Pathway Phase 3 1 month Installation of final striping, signs and landscaping. 9. Surrounding Land Uses and Setting. The Project Site is located in an urbanized area, which is predominately surrounded by commercial land uses to the south, residential uses to the north and east, and industrial uses to the west. The Site is directly south of Santa Gertrudis Creek, and adjacent and extending to the Santa Gertrudis Creek Trail. Regional access to the Project Site is provided via Interstate (1) I-15 to the east and State Route (SR) SR-79, also recognized as Winchester Road, to the south. 10. Other public agencies whose approval is required. U.S. Army Corps of Engineers (USACE) Regional Water Quality Control Board (RWQCB) California Department of Fish and Wildlife (CDFW) Riverside County Flood and Water Conservation District (RCFWCD) Clean Water Act Section 404 Nationwide Permit Nationwide Permit 42 (Recreation Facilities) Clean Water Act Section 401 Water Quality Certification Streambed Alteration Agreement Pursuant to Section 1600 et seq. Encroachment and Construction Permits for the portions constructed by TPD within RCFWCD's right-of-way 11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.? Note: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See Public Resources Code section 21080.3.2.) Information may also be available from the California Native American Heritage Commission's Sacred Lands File per Public Resources Code section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that Public Resources Code section 21082.3(c) contains provisions specific to confidentiality. Pursuant to Assembly Bill 52, the City contacted five California Native Tribes who have previously requested in writing to be informed by the City through formal notification of proposed projects within the geographic area in which the tribe is traditionally and culturally affiliated. Of the five tribes contacted, two, including the Pechanga Band of Mission Indians and the Rincon Band of Luiseno Indians requested formal consultation. Based on the results of the consultation held with both tribal groups, no tribal cultural resources were identified within the Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 8 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration project area. However, the Pechanga Band of Mission Indians expressed concern that subsurface cultural materials may be encountered during project implementation. As such, mitigation in the form of archaeological and Native American monitoring was included as part of cultural resources analysis. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 9 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this Project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture and Forestry Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Energy ❑ Geology/Soils ❑ Greenhouse Gas Emissions ❑ Hazards & Hazardous Materials ❑ Hydrology/Water Quality ❑ Land Use/Planning ❑ Mineral Resources ❑ Noise ❑ Population/Housing ❑ Public Services ❑ Recreation ❑ Transportation ❑ Tribal Cultural Resources ❑ Utilities/Service Systems ❑ Wildfire ❑ Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial study: ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ® I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. &( AE--- Signature Date Signature Date Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 10 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration Environmental Checklist Aesthetics Less Than Potentially Significant Less Than Significant with Mitigation Significant Issues (and Supporting Information Sources): Impact Incorporated Impact No Impact I. AESTHETICS — Except as provided in Public Resources Code Section 21099, would the project: a) Have a substantial adverse effect on a scenic vista? ❑ ❑ ❑X ❑ b) Substantially damage scenic resources, including, ❑ ❑ but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) In non -urbanized areas, substantially degrade the ❑ ❑ © ❑ existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? d) Create a new source of substantial light or glare ❑ ❑ 0 ❑ which would adversely affect daytime or nighttime views in the area? Discussion a) Less than Significant Impact. A scenic vista is generally defined as a view of undisturbed natural lands exhibiting a unique or unusual feature that comprises an important or dominant portion of the view shed. Scenic vistas may also be represented by a particular distant view that provides visual relief from less attractive views of nearby features. Other designated federal and State lands, as well as local open space or recreational areas, may also offer scenic vistas if they represent a valued aesthetic view within the surrounding landscape of nearby features. Temecula's natural setting offers a variety of scenic vistas and viewsheds. The City of Temecula General Plan Community Design Element designates the southern, eastern, and western rolling hills surrounding the City, as well as Murrieta and Temecula Creeks, as significant natural features, and indicates that public views of these features should be protected and enhanced (City of Temecula 2005). The General Plan explains that all public or private development projects are subject to City review to ensure that they will not obstruct public views of scenic resources, and projects may be subject to redesign or height limitations if it is determined that development would block public views (City of Temecula 2005). The Project Site is located near existing residential development, commercial uses, and is adjacent to open space consisting of the Santa Gertrudis Creek. The Project Site includes views of rolling distant hills to the west and south. Views of these hills are partially obscured in various locations because of the slope/grade of the existing terrain, existing commercial and industrial development, and ornamental landscaping. Murrieta and Temecula Creeks are located approximately four miles south of the Project Site, and Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Neqative Declaration therefore the Project would not obstruct any views to these features. Construction of the Project would not block views surrounding the Project because the Project would be primarily constructed below the existing roadway grade beneath the undercrossing of Margarita Road. Any work above -grade would be temporary and limited to construction of retaining and tieback walls, resurfacing of the trail, and placement of fencing. All construction equipment would be removed from view once construction of above -grade work is complete, and therefore, any impacts to views during construction would be temporary. Operation of the Project would not have the potential to adversely impact views of the hillsides because the proposed trail components would be relatively flat and would not have the height or bulk to block area views. Therefore, the Project would not create a substantial adverse impact to a scenic vista and impacts are considered to be less than significant. b) No Impact. According to the California Department of Transportation (Caltrans), the Project Site is not located within or near an officially designated state scenic highway. The nearest eligible scenic highway is I-15, which is located approximately 0.8 miles west of the Project Site. Views of 1-15 are not afforded from the Project Site because views are blocked by existing development along Temecula Parkway and the topography of the land between the Project Site and 1-15. Due to the absence of designated scenic highways in the vicinity of the Project Site, no impact would occur related to scenic resources within a state scenic highway. c) Less than Significant Impact. The Community Design Element of the Temecula General Plan addresses physical aspects of the City that contribute to the image and character of natural and built environments (City of Temecula 2005). The Project Site is designated as Open Space and is located along a Major Arterial Roadway, near a Focal Intersection, which serves as a unifying design element (City of Temecula 2005). Short-term visual impacts associated with Project construction activities would occur due to the presence of construction equipment and heavy-duty vehicles, materials and debris piles, and general construction activities; however, these impacts would be temporary and limited to the short-term construction duration of the Project, anticipated to be approximately 6 months. Once construction of the Project is completed, the Project Site would involve revegetation along the sloped areas and portions of the Project Site that pavement was demolished. Furthermore, the Project would include the removal of the existing SGCT ramps, which connect to the Class II bicycle lanes along either side of Margarita Road, resulting in the elimination of two large area of concrete from the existing visual setting of the Project Site. In its place, would be relocated underground utilities, landscaping, and other visual improvements. Within the parameters of the undercrossing, limited permanent visual changes associated with concrete improvements, concrete pathway construction, utility construction, and signing and striping installations would occur. Implementation of the Project would not impact the visual character of the Project Site or surrounding area because the height and bulk of the materials are considered to be Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 12 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration minimal and the SGCT undercrossing would not be visible from any public roadways. Project implementation would not conflict with zoning or other applicable regulations governing scenic quality. Thus, impacts are considered less than significant. d) Less than Significant Impact. Temporary glare from construction activities (including construction equipment and related materials) is possible. However, due to the location, nature of the Project and the short-term construction duration, it is anticipated that no new substantial sources of light or glare would result from the Project. Construction would occur during daylight hours in accordance with the City of Temecula Municipal Code (City of Temecula 2021). The Project does not propose any nighttime construction activities that would require the use of nighttime lighting. As such, substantial impacts related to light or glare are not anticipated during Project construction. Operation of the Project would not include any construction of new/replaced trail or street lighting. The light sources proposed with the Project are not considered substantial and would be similar to the existing light sources along Margarita Road, and would be designed to minimize light spillage from the right-of-way to the adjacent properties. As such, the Project would not result in a new source of substantial light or glare and impacts would be less than significant. References California Department of Transportation (Caltrans). 2021. California State Scenic Highway System Map. Available https://caltrans.maps. arcgis.com/apps/webappviewer/index.html?id=2e921695c43643b 1 aaf 7000dfcc19983, accessed February 1, 2021. City of Temecula. 2005. General Plan — Community Design Element. Adopted 1993, updated 2005. Available at https:Htemeculaca.gov/DocumentCenterNiew/279/Community-Design- PDF?bidId=, accessed February 1, 2021. City of Temecula. 2021. Temecula Municipal Code Section 18.12.260 Time of Operations within public rights -of -way. Available at http://www.gcode.us/codes/temecula/, accessed February 1, 2021. County of Riverside. 1988. Ordinance No. 655 — An Ordinance of the County of Riverside Regulating Light Pollution. Adopted June 7, 1988. Effective July 7, 1988. Available https://www.rivcocob.org/ords/600/655.htm, accessed February 1, 2021. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 13 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration Agriculture and Forestry Resources Less Than Potentially Significant Less Than Significant with Mitigation Significant Issues (and Supporting Information Sources): Impact Incorporated Impact No Impact II. AGRICULTURE AND FORESTRY RESOURCES — In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a) Convert Prime Farmland, Unique Farmland, or ❑ ❑ Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a ❑ ❑ ❑ Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning ❑ ❑ ❑ of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of ❑ ❑ ❑ forest land to non -forest use? e) Involve other changes in the existing environment ❑ ❑ ❑ which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non -forest use? Discussion a) No Impact. According to the California Department of Conservation Farmland Mapping and Monitoring Program (FMMP), the Project Site is not located in an area identified as Prime Farmland, Farmland of Statewide Importance, or Farmland of Local Importance (DOC 2021a). As indicated in the Important Farmland Map for Western Riverside County, the Project Site and surrounding areas are designated as Urban and Built -Up Land and does not contain any existing agricultural resources (DOC 2021b). Therefore, the Project would not convert farmland to non-agricultural use. No impact would occur. b) No Impact. As discussed above in Response II(a), the Project Site is classified as Urban and Built -Up land and does not contain any existing agricultural resources (DOC 2021b). Furthermore, the Project Site is designated as Open Space in the City's General Plan, which accommodates both public and private areas of permanent open space for such uses including parks, golf courses, recreation facilities, natural open spaces, recreation trails, greenbelts, lakes, utility easements, active fault zones, and undevelopable portions along floodplains along waterways (City of Temecula 2005). Furthermore, there are no Williamson Act or agriculturally zoned properties adjacent or near the Project Site. The majority of remaining agricultural land in the City is located in Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 14 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration the southern and eastern portions of the City's Planning Area (City of Temecula 2005). As such, no impact would occur. c, d) No Impact. According to the CDFW, the Project Site does not contain any private timberlands or public lands with forests (CDFW 2015). The Project Site is located within an urban area and does not contain any trees. As discussed above, the Project Site is zoned as Open Space Conservation (OS-C), and does not permit timber harvesting activities (City of Temecula 2005). As such, the Project would not result in the loss of forests or forest land or conflict with any existing zoning for timberland or forestland. No impact would occur. e) No Impact. As discussed in Responses II(a) and II(b), the Project Site does not contain any agricultural land, including farmland, which would be converted to non-agricultural use as a result of the Project. The Project Site is located in an urban area and no adjacent properties contain farmland. Consequently, the Project not result in the permanent loss of farmland. No impact would occur. References California Department of Conservation (DOC). 2021 a. California Important Farmland Finder. Available at https://maps.conservation.ca.gov/DLRP/CrFF/, accessed February 1, 2021. .2021b. Important Farmland Maps for Western Riverside County. Published January, 2021. California Department of Fish and Wildlife (CDFW). 2015. California Forests and Timberlands. Available at https://wildlife.ca.gov/conservation/timber, accessed February 1, 2021. City of Temecula. 2005. General Plan — Land Use Element, Open Space and Conservation Element. Adopted 1993, updated 2005. Available https://temeculaca.gov/345/General-Plan, accessed February 1, 2021. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 15 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration Air Quality Less Than Potentially Significant with Less Than Significant Mitigation Significant Issues (and Supporting Information Sources): Impact Incorporated Impact No Impact III. AIR QUALITY — Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the 0 El applicable air quality plan? b) Result in a cumulatively considerable net increase of 0 El any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard? c) Expose sensitive receptors to substantial pollutant 0 El concentrations? d) Result in other emissions (such as those leading to 0 El odors) adversely affecting a substantial number of people? Discussion a) Less than Significant Impact. The Project Site is located within the South Coast Air Basin (Basin). Air quality planning for the Basin is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The Project would be subject to the SCAQMD's Air Quality Management Plan (AQMP), which contains a comprehensive list of pollution control strategies directed at reducing emissions and achieving ambient air quality standards. These strategies are developed, in part, based on regional population, housing, and employment projections prepared by the Southern California Association of Governments (SCAG). The 2016 AQMP was prepared to accommodate growth, reduce the high levels of pollutants within the areas under the jurisdiction of SCAQMD, return clean air to the region, and minimize the impact on the economy (SCAQMD 2016). Projects that are consistent with the assumptions used in the AQMP do not interfere with attainment because the growth is included in the projections utilized in the formulation of the AQMP. Thus, projects, uses, and activities that are consistent with the applicable growth projections and control strategies used in the development of the AQMP would not jeopardize attainment of the air quality levels identified in the AQMP, even if it would individually exceed the SCAQMD's numeric indicators. Construction Construction activities associated with the Proposed Project have the potential to generate temporary criteria pollutant emissions through the use of heavy-duty construction equipment and through vehicle trips generated from worker trips, vendor and haul trucks traveling to and from the Project Site. In addition, fugitive dust emissions would result from site preparation, grading, and drainage/utilities installation. Construction emissions can vary substantially from day to day, depending on the level of activity, the specific Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 16 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration type of construction activity, and prevailing weather conditions. The assessment of construction air quality impacts considers each of these potential sources. Under this criterion, the SCAQMD recommends that lead agencies demonstrate that a project would not directly obstruct implementation of an applicable air quality plan and that a project be consistent with the assumptions (typically land -use related) upon which the air quality plan is based. The Project would result in an increase in short-term employment compared to existing conditions. Being relatively small in number and temporary in nature, the number of construction jobs required for the Project would not conflict with the long-term employment projections upon which the AQMP is based. Control strategies in the AQMP, potentially applicable to control temporary emissions from construction activities, include ONRD-04 and OFFRD-01,1 which are intended to reduce emissions from on -road and off -road heavy-duty vehicles and equipment by accelerating the replacement of older, emissions -prone engines with newer engines that meet more stringent emission standards. Descriptions of measures ONRD-04 and OFFRD-01 are provided below: ONRD-04 — Accelerated Retirement of Older On -Road Heavy -Duty Vehicles: This measure seeks to replace up to 1,000 heavy-duty vehicles per year with newer or new vehicles that at a minimum, meet the 2010 on -road heavy-duty NOx exhaust emissions standard of 0.2 grams per brake horsepower -hour (g/bhp-hr). OFFRD-01— Extension of the Soon Provision for Construction/Industrial Equipment: This measure continues the Surplus Off -Road Option for NOx (SOON) provision of the statewide In -Use Off -Road Fleet Vehicle Regulation beyond 2014 through the 2023 timeframe. As described in sections below, this Project would have less than significant construction emissions of criteria pollutants. Therefore, the Project would be consistent with the AQMP. Additionally, the Project would comply with California Air Resources Board (GARB) requirements to minimize short-term emissions from on -road and off -road diesel equipment. The Project would also comply with SCAQMD regulations for controlling fugitive dust pursuant to SCAQMD Rule 403, for example, apply water spray/mists or similar suppressant (e.g., SoilSeal) at least 3 times per day on active areas of disturbance and unpaved roads, and limit truck speed to 15 miles per hour or less on unpaved roads to minimize dust on unpaved roads at the construction site. Compliance with these requirements is consistent with and meets or exceeds the AQMP requirements for control strategies intended to reduce emissions from construction AQMP measure ONRD-04 applies to on -road mobile sources and is the accelerated retirement of older on -road heavy-duty vehicles to reduce emissions of NOx and particulate matter. AQMP measure OFFRD-01 applies to off - road mobile sources and is the extension of the Surplus Off -Road Opt -In for NOx (SOON) provision for construction/industrial equipment to encourage the accelerated retirement of older off -road heavy-duty equipment to reduce emissions of NOx. http://www.agmd.gov/docs/default-source/clean-air-plans/air-quality-management- plans/2012-air-quality-management-plan/final-2012-aqmp-(february-2013)/chapter-4-final-2012.pdf, accessed February 2021. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 17 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration equipment and activities. Because the Project would not conflict with the control strategies intended to reduce emissions from construction equipment, the Project would not conflict with or obstruct implementation of the AQMP. Impacts would be less than significant. Operation The Project consists of demolishing the existing overcrossing of the SGCT and construction of the proposed shared -use path and infrastructure under Margarita Road along the Santa Gertrudis Creek. Operation of the Project would not generate emissions as it would not accommodate or result in added trips from motor vehicles and would not result in the generation of new housing or employment. Overall, the Project would not conflict with the growth projects identified in the AQMP and would not conflict with or obstruct implementation of the AQMP's or any of the City's strategies and polices intended to reduce criteria pollutant emissions. Therefore, impacts would be less than significant. The Project Site is located within the SCAB, which is characterized by relatively poor air quality. State and federal air quality standards are often exceeded in many parts of the Basin. The Project would contribute to local and regional air pollutant emissions during construction (short-term or temporary). However, based on the following analysis, construction of the Project would result in less than significant impacts relative to the daily significance thresholds for criteria air pollutant emissions established by the SCAQMD for construction. Construction Impacts Based on criteria set forth in the SCAQMD CEQA Air Quality Handbook (SCAQMD, 1993), a project would have the potential to violate an air quality standard or contribute substantially to an existing violation and result in a significant impact with regard to construction emissions if regional emissions from both direct and indirect sources would exceed any of the following SCAQMD prescribed threshold levels: (1) 75 pounds a day for volatile organic compounds (VOCs), (2) 100 pounds per day for (NOx, (3) 550 pounds per day for carbon monoxide (CO), (4) 150 pounds per day for sulfur oxides (SOx), (5) 150 pounds per day for respirable particulate matter (PM10), and (6) 55 pounds per day for fine particulate matter (PM2.5). Daily regional emissions during construction are forecasted by assuming a conservative estimate of construction activities (i.e., assuming all construction occurs at the earliest feasible date) and applying the mobile source and fugitive dust emissions factors. The emissions have been estimated using the CalEEMod software (version 2016.3.2), an emissions inventory software program recommended by the SCAQMD, and the CARB on -road vehicle EMFAC2017 model. CalEEMod is based on outputs from OFFROAD and EMFAC, which are emissions estimation models developed by CARB and used to calculate emissions from construction activities, including on- and off -road vehicles. On - road emissions have been calculated outside of CalEEMod using the most recent version of EMFAC (2017). Model default construction equipment inputs were utilized. Input Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 18 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration values were adjusted to be project -specific based on the construction schedule and the amount of soil import and concrete required. These values were then applied to the construction phasing assumptions used in the criteria pollutant analysis to generate criteria pollutant emissions values for each construction activity. This emissions analysis for all construction activities includes compliance with mandatory SCAQMD Rule 403 measures regarding the control of fugitive dust. Construction of the Project is tentatively scheduled to begin October 2022 and occur over six months. Construction duration by phase is provided in Table 2. The duration of construction activity and associated equipment represents a reasonable approximation of the expected construction fleet as required per CEQA guidelines. Site specific construction fleet may vary due to specific Project needs at the time of construction. The duration of construction activity and associated construction equipment was estimated based on consultation with the Project Applicant. TABLE 2 ESTIMATED CONSTRUCTION SCHEDULE Activity Estimated Duration (Work Days) Demolition 15 Grading 10 Trail and Retaining Wall Construction 90 Striping 20 SOURCE: ESA 2021 The maximum daily regional emissions from these activities are estimated by construction phase and compared to the SCAQMD significance thresholds. Maximum daily emissions are calculated for each criteria pollutant. As shown in Table 3, emissions resulting from Project construction would not exceed any criteria pollutant thresholds established by the SCAQMD. Therefore, impacts would be considered less than significant. No mitigation is required. Operational Impacts Operation of the Project would not generate emissions as it would not accommodate or result in added trips from motor vehicles. Therefore, Project operations would be less than significant. No mitigation is required. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 19 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration TABLE 3 MAXIMUM REGIONAL CONSTRUCTION EMISSIONS —WITHOUT MITIGATION (POUNDS PER DAY) Source VOC NOx CO S02 PM10a PM2.5a Demolition 0.9 8.3 8.3 <1 0.9 0.5 Grading 0.9 8.5 8.3 <1 0.9 0.6 Trail and Retaining Wall Construction 0.8 8.5 8.0 <1 0.6 0.5 Striping 0.3 1.4 2.1 <1 0.2 0.1 Maximum Daily Emissions 0.9 8.5 8.3 <1 0.9 0.6 SCAQMD Regional Significance Thresholdsb 75 100 550 150 150 55 Exceeds Threshold? No No No No No No NOTES: Totals may not add up exactly due to rounding in the modeling calculations. Detailed emissions calculations are provided in Appendix A. a Emissions include fugitive dust control measures consistent with SCAQMD Rule 403. SOURCE: ESA 2021 b) Less than Significant Impact. The Project would result in the emission of criteria pollutants both during construction and operation for which the Project area is in non - attainment. A significant impact may occur if a project would add a cumulatively considerable contribution of a federal or state non -attainment pollutant. The Basin is currently in non -attainment for ozone, PM10, and PM2.5 (SCAQMD 2016b). The SCAQMD's approach for assessing cumulative impacts related to operations is based on attainment of ambient air quality standards in accordance with the requirements of the Federal and State Clean Air Acts. As discussed earlier, the SCAQMD has developed a comprehensive plan, the 2016 AQMP, which addresses the region's cumulative air quality condition. A significant impact may occur if a project were to add a cumulatively considerable contribution of a federal or state non -attainment pollutant. The Basin is currently in non - attainment for ozone (federal and state standards), PM10 (state standards only) and PM2.5 (federal and state standards); therefore, related projects could cause ambient concentrations to exceed an air quality standard or contribute to an existing or projected air quality exceedance. Cumulative impacts to air quality are evaluated under two sets of thresholds for CEQA and SCAQMD. In particular, CEQA Guidelines Section 15064(h)(3) provides guidance in determining the significance of cumulative impacts. Specifically, Section 15064(h)(3) states in part that: `A lead agency may determine that a project's incremental contribution to a cumulative effect is not cumulatively considerable if the project will comply with the requirements in a previously approved plan or mitigation program which provides specific requirements that will avoid or substantially lessen the cumulative problem (e.g., water quality control plan, air quality Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 20 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration plan, integrated waste management plan) within the geographic area in which the project is located. Such plans or programs must be specified in law or adopted by the public agency with jurisdiction over the affected resources through a public review process to implement, interpret, or make specific the law enforced or administered by the public agency ... " For purposes of the cumulative air quality analysis with respect to CEQA Guidelines Section 15064(h)(3), the Project's incremental contribution to cumulative air quality impacts is determined based on compliance with the SCAQMD adopted 2016 AQMP. As discussed previously under Response III(a), the Project would be consistent with the 2016 AQMP and would not have a cumulatively considerable air quality impact. The SCAG Regional Transportation Plan/Sustainable Communities Strategies (RTP/SCS) projects that employment in Riverside County would increase from 849,000 in 2020 to 1,112,000 in 2035, an increase of 263,000 jobs. Although the Project's employment would increase temporarily during construction compared to existing conditions, the Project would generate up to 10 jobs during each phase of construction. This temporary growth in employment would account for 0.00004 percent of the projected increase in employment and would be well within the employment projections for the County of Riverside. As the Project is not part of an ongoing regulatory program, the SCAQMD also recommends that project -specific air quality impacts be used to determine the potential cumulative impacts to regional air quality. As discussed above under Response III(a), peak daily emissions of construction and operation -related pollutants would not exceed SCAQMD regional significance thresholds. By applying SCAQMD's cumulative air quality impact methodology, even though implementation of the Project would result in an addition of criteria pollutants, in conjunction with related projects in the region, cumulatively significant impacts would not occur. In addition, as discussed in Response 111(c) below, construction of the Project is not expected to result in a cumulatively considerable net increase of any criteria pollutant for which the SCAQMD has established a localized impact threshold. Therefore, the emissions of non -attainment pollutants and precursors generated by the Project would be less than significant and would not result in a cumulatively considerable air quality impact. No mitigation is required. c) Less than Significant Impact. Certain population groups are especially sensitive to air pollution and should be given special consideration when evaluating potential air quality impacts. These population groups include children, the elderly, persons with pre-existing respiratory or cardiovascular illness, and athletes and others who engage in frequent exercise. As defined in the SCAQMD CEQA Air Quality Handbook, a sensitive receptor to air quality is defined as any of the following land use categories: (1) long-term health care facilities; (2) rehabilitation centers; (3) convalescent centers; (4) retirement homes; (5) residences; (6) schools; (7) parks and playgrounds; (8) child care centers; and (9) athletic fields. Sensitive receptors within a quarter -mile radius of the Project Site include residential land uses to the west and east and Chaparral High School, which is 0.23 miles northeast of the Project Site. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 21 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Neqative Declaration The localized air quality analysis was conducted using the methodology described in the SCAQMD Localized Significance Threshold Methodology (June 2003, revised July 2008), which relies on on -site mass emission rate screening tables and project -specific dispersion modeling typically for sites greater than five acres, as appropriate (SCAQMD, 2008). The localized significance thresholds are applicable to NOx, CO, PM10, and PM2.5. For NOx and CO, the thresholds are based on the ambient air quality standards. For PM10 and PM2.5, the thresholds are based on requirements in SCAQMD Rule 403 (Fugitive Dust) for construction and Rule 1303 (New Source Review Requirements) for operations. The SCAQMD has established screening criteria that can be used to determine the maximum allowable daily emissions that would satisfy the localized significance thresholds and therefore not cause or contribute to an exceedance of the applicable ambient air quality standards without project -specific dispersion modeling. The screening criteria depend on: (1) the area in which the project is located, (2) the size of the project area, and (3) the distance between the project area and the nearest sensitive receptor. SCAQMD's Methodology clearly states that "off -site mobile emissions from the Project should not be included in the emissions compared to localized significance thresholds (LSTs)." Therefore, for purposes of the LST analysis, only emissions included in the CalEEMod "on -site" emissions outputs were considered, plus the truck idling emissions (e.g., haul trucks and vendor trucks) that were calculated separately using the EMFAC emission factors for heavy -heavy-duty (HHD) vehicles. The closest existing sensitive receptors to the Project are located to the west of the existing SGCT. The localized significance threshold used for the localized significance impact analysis were based on a one -acre site in the Temecula Valley Source -Receptor Area with sensitive receptors located adjacent to the Project Site (i.e., 25 meters). Construction Emissions Table 4 identifies the localized impacts at the nearest receptor location in the vicinity of the Project Site without mitigation. The localized emissions during construction activity would not exceed SCAQMD's localized significance thresholds. Therefore, impacts would be less than significant. No mitigation is required. Operational Emissions According to SCAQMD LST methodology, LSTs would apply to the operational phase of a proposed project if the project includes stationary sources or attracts mobile sources that may queue and idle at the site (e.g., warehouse or transfer facilities). With regard to on -site sources of emissions, the Project would not generate emissions resulting from sources such as natural combustion (on -site natural gas consumption for heating, such as natural gas combustion in broilers and water heaters). Therefore, impacts would be less than significant. No mitigation is required. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 22 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration TABLE 4 MAXIMUM LOCALIZED CONSTRUCTION EMISSIONS — WITHOUT MITIGATION (POUNDS PER DAY Source NOx CO PM101 PM2.51 Demolition 7.3 7.6 0.7 0.4 Grading 7.4 7.7 0.7 0.6 Trail and Retaining Wall Construction 8.2 7.4 0.4 0.4 Striping 1.4 1.8 0.1 0.1 Maximum Daily Emissions 8.2 7.7 0.7 0.6 SCAQMD Localized Significance Thresholds' 162 750 4 3 Exceeds Threshold? No No No No NOTES: Totals may not add up exactly due to rounding in the modeling calculations. Detailed emissions calculations are provided in Appendix A. a Emissions include fugitive dust control measures consistent with SCAQMD Rule 403. b Localized Significance Thresholds (LST) were for a 1-acre project site with a 25-meter receptor distance. SOURCE: ESA 2020 Carbon Monoxide Hotspot A carbon monoxide (CO) hotspot is an area of localized CO pollution that is caused by severe vehicle congestion on major roadways, typically near intersections. Projects may worsen air quality if they increase the percentage of vehicles in cold start modes by two percent or more; significantly increase traffic volumes (by five percent or more) over existing volumes; or worsen traffic flow, defined for signalized intersections as increasing average delay at intersections operating at Level of Service (LOS) E or F or causing an intersection that would operate at LOS D or better without the Proposed Project, to operate at LOS E or F. CO decreased dramatically in the Basin with the introduction of the automobile catalytic converter in 1975. No exceedances of CO have been recorded at monitoring stations in the Basin in recent years and the Basin is currently designated as a CO attainment area for both the California Ambient Air Quality Standards (CAAQS) and National Ambient Air Quality Standards (NAAQS). As discussed below, it is not expected that CO levels at project -impacted intersections would rise to such a degree as to cause an exceedance of these standards. Construction While construction -related traffic on the local roadways would increase the existing daily traffic volumes on local roadways, construction vehicle trips, would be limited to a maximum of 10 workers and 4 trucks per day. As discussed in Response XVII, Transportation, any delays due to construction trips would be temporary and not considered to be significant and would therefore not result in CO hotspots. Additionally, construction -related vehicle trips would only occur in the short-term and would cease once Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 23 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Neqative Declaration construction activities have been completed. Therefore, impacts related to CO hotspots during Project construction would be less than significant. No mitigation is required. Operation Operation of the Project would not generate emissions as it would not accommodate or result in added trips from motor vehicles. Therefore, impacts related to CO hotspots during Project operation would be less than significant. No mitigation is required. Toxic Air Contaminants Concentrations of toxic air contaminants (TACs), or in federal parlance, hazardous air pollutants (HAPs), are also used as indicators of ambient air quality conditions. A TAC is defined as an air pollutant that may cause or contribute to an increase in mortality or in serious illness, or that may pose a hazard to human health. TACs are usually present in minute quantities in the ambient air; however, their high toxicity or health risk may pose a threat to public health even at low concentrations. Sensitive receptors are located adjacent to the Project Site. SCAQMD recommends that construction health risk assessments be conducted for substantial sources of diesel particulate matter (DPM) emissions (e.g., earth -moving construction activities) in proximity to sensitive receptors and has provided guidance for analyzing mobile source diesel emissions. However, localized DPM emissions (strongly correlated with PM2.5 emissions) are less than significant (as shown in Table 4, above). Although the localized analysis does not directly measure health risk impacts, it does provide data that can be used to evaluate the potential to cause health risk impacts. The low level of PM2.5 emissions coupled with the short-term duration of construction activity resulted in an overall low level of DPM concentrations in the vicinity of the Project Site. Furthermore, compliance with the CARB Airborne Toxic Control Measures (TACM) anti -idling measure, which limits idling to no more than five minutes at any location for diesel - fueled commercial vehicles, further minimized DPM emissions in the vicinity of the Project Site. Sensitive receptors would be exposed to emissions below thresholds, and construction TAC impacts are less than significant. SCAQMD recommends that operational health risk assessments be conducted for substantial sources of DPM emissions (e.g., truck stops and warehouse distribution facilities) in proximity to sensitive receptors and has provided guidance for analyzing mobile source diesel emissions. The Project would not generate truck trips. Therefore, based on the limited activity of TAC sources and TAC concentrations at off -site sensitive receptors, the Project would not warrant the need for a health risk assessment associated with on -site operational activities. Impacts related to TACs would be less than significant. d) Less than Significant Impact. Potential activities that may emit odors during construction activities include the use of architectural coatings and solvents and the combustion of diesel fuel in on- and off -road equipment. SCAQMD Rule 1113 would limit the amount of VOCs in architectural coatings and solvents. In addition, the Project Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 24 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration would comply with the applicable provisions of the CARB Air Toxics Control Measure regarding idling limitations for diesel trucks. Furthermore, construction odor emissions would be temporary, short-term, and intermittent in nature and would cease upon completion of construction. Through adherence with mandatory compliance with SCAQMD Rules, no construction activities or materials are expected to create objectionable odors affecting a substantial number of people. Therefore, construction of the Project would result in less than significant impacts. No mitigation is required. The Project consists of demolishing the existing overcrossing of the SGCT and construction of the proposed shared -use path and infrastructure under Margarita Road along the Santa Gertrudis Creek. Operation of the Project would not create objectionable odors. Impacts would be less than significant. References South Coast Air Quality Management District (SCAQMD). 2003, revised 2008. Localized Significance Thresholds. http://www.agmd.gov/home/regulations/cegaJair-quality- analysishandbook/localized-significance-thresholds, accessed October 2020. 2012. Air Quality Management Plan. Chapter 4 Control Strategy and Implementation. 2015. Air Quality Significance Thresholds. March, 2015. 2016a. National Ambient Air Quality Standards and California Ambient Air Quality Standards Attainment Status for South Coast Air Basin. Available: http://www.agmd. gov/docs/default-source/clean-air-plans/air-quality-management- plans/naags-caaqs-feb20l6.pdf, accessed February 2021 . 2016b. National Ambient Air Quality Standards and California Ambient Air Quality Standards Attainment Status for South Coast Air Basin. Available: http://www.agmd. gov/docs/default-source/clean-air-plans/air-quality-management- plans/naags-caaqs-feb20l6.pdf, accessed February 2021. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 25 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration Biological Resources Less Than Potentially Significant with Less Than Significant Mitigation Significant Issues (and Supporting Information Sources): Impact Incorporated Impact No Impact IV. BIOLOGICAL RESOURCES —Would the project: a) Have a substantial adverse effect, either directly or El 0 through habitat modifications, on any species identified as a candidate, sensitive, or special -status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian El0 F-1 El habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any 0 El native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat El El El Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Discussion A site reconnaissance was conducted in January of 2021, the results of which were compiled in a Biological Technical Report (BTR) (ESA 2021a) and an Aquatic Resources Delineation Report (ARDR) (ESA 2021b). The information included in this section is derived from the BTR (see Appendix B) and ARDR (see Appendix Q. For the purposes of this section, the Survey Area will refer to the Project Site and a surrounding 500-foot buffer. a) Less than Significant Impact with Mitigation Incorporated. The California Natural Diversity Database (CNDDB) and California Native Plant Society (CNPS) Online Inventory were queried for reported locations of special -status plant and wildlife species in the U.S. Geological Survey (USGS) Bachelor Mtn., Fallbrook, Lake Elsinore, Murrieta, Pechanga, Romoland, Temecula, Wildomar and Winchester, California 7.5- minute quadrangles, to determine the potential for these sensitive resources to occur within the general vicinity of the Survey Area. The USFWS Critical Habitat Portal was queried to identify whether critical habitat occurs within the vicinity of the Survey Area, as well. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 26 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration Critical Habitat The USFWS Critical Habitat Portal revealed that critical habitat does not occur within or adjacent to the Project Site; therefore, the Proposed Project is expected to have no impact on critical habitat. Special -Status Plant Species One special -status plant species, smooth tarplant, has a moderate to high potential to occur immediately adjacent to the Project site. However, this species is a criteria survey area plant species, as defined in Section 6.3.2 of the western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), and the Project site is not situated within a criteria plant survey area. Therefore, surveys for this species are not required and the Proposed Project is expected to have no impact on special -status plant species. Nesting Birds and Raptors Numerous passerine and raptor species may utilize the habitats that occur within 500 feet of the Project Site to forage and breed. Activities associated with the Proposed Project may negatively affect nesting birds that are protected in accordance with the MBTA and Fish and Game Code. However, the implementation of Mitigation Measure BI0-1 and BIO-2 will ensure that impacts to nesting birds and raptors as a result of the Project are less than significant. Mitigation Measure BI0-1: Nesting Birds and Raptors. To avoid impacts to nesting birds, work activities within 500 feet of suitable nesting habitat shall be timed to avoid the season when nests may be active (January 15 to September 15). If work activities occur within the nesting season (generally defined as January 15 through September 15), a qualified biologist shall conduct a focused survey within 30 days of the anticipated start date, and no less than 3 days prior to ground disturbance, to identify any active nests within 500 feet of the development footprint. If an active nest is found, the nest should be avoided and a suitable buffer zone should be delineated in the field where no impacts should occur until the chicks have fledged the nest, or has otherwise been deemed inactive by a qualified biologist. Construction buffers should be 300 feet for passerines or up to 500 feet for raptors; however, avoidance buffers may be reduced at the discretion of the biologist, depending on the location of the nest and species tolerance to human presence and construction -related noises and vibrations. Mitigation Measure BI0-2: General Minimization and Avoidance Measures. The following measures shall be implemented to further prevent impact to sensitive wildlife during construction activities. Prior to commencement of the Project, a Workers Environmental Awareness Program (WEAP) should be prepared and presented to construction crews. The WEAP should provide an overview of all sensitive resources that occur or may occur within the Survey Area, and the appropriate steps that should be taken, should such resources be observed during construction activities. The WEAP should concentrate Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 27 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Neqative Declaration on the proper identification of sensitive resources while in the field, suggested strategies in avoiding impact to such resources, and the proper reporting methods for field crews in the event that such resources are observed during construction activities. • Prior to the commencement of construction activities, construction personnel should check under stationary equipment to ensure no wildlife species are present. • All project related trash should be collected daily and taken offsite for proper disposal. Special -Status Wildlife Species Based on the presence of suitable habitat, eight special -status wildlife species have a moderate to high potential to occur within 500 feet of the Proposed Project Site. These include the Cooper's hawk (Accipiter cooperii), coastal western whiptail (Aspidoscelis tigris ssp. stejnegeri), pallid bat (Antrozous pallidus), least Bell's vireo, yellow warbler (Dendroica petechia ssp. brewsteri), yellow -breasted chat (Icteria vixens), Yuma myotis (Myotis yumanensis) and coast horned lizard (Phrynosoma blainvillii), which are discussed in further detail below. Birds Least Bell's Vireo The least Bell's vireo is a covered species and is addressed in Section 6.1.2 of the MSHCP. If deemed present within 500 feet of the Project Site, direct impacts to occupied habitat through the temporary removal of the 0.024 acre of Goodding's willow -sandbar willow riparian woodland/forest; and/or the indirect disturbance to nesting individuals may occur as a result of the Proposed Project activities. However, with the implementation of Mitigation Measures BI0-2 and BI0-3, impacts to least Bell's vireo would be less than significant. Mitigation Measure BI0-3: Least Bell's Vireo. Least Bell's vireo nesting season is from April 10 to July 31. If avoidance of work activities within this time period is not feasible, a pre -construction clearance survey for least Bell's vireo should be conducted (concurrent with the nesting bird survey described above, in Section 5.2) within suitable nesting habitat prior to initiation of work activities, to determine their presence or absence within 500 feet of proposed work limits. If the surveys do not result in the detection of the species within 500 feet of the proposed work limits, no further action is necessary. However, if - Least Bell's vireo are detected within the Project Site during the survey, and work activities must occur during the nesting season, the removal of the 0.024 acre of Goodding's willow -sandbar willow riparian woodland forest would result in temporary impacts to occupied habitat. Such impacts are not consistent with the MSHCP provisions and avoidance measures such as postponing work activities would likely be necessary. • Least Bell's vireo are detected within the Survey Area, outside of the project site, and the nesting season cannot be avoided, steps should be Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 28 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration taken to reduce indirect effects to nesting activity by actively reducing construction noise (to no more than 3 decibels (dBA) above pre - construction ambient noise levels) within proximity to suitable habitat and/or installing temporary construction noise barriers. If the reduction of noise is not feasible, work activities should be postponed until the nest is deemed inactive and/or the breeding season has concluded. Yellow -Breasted Chat and Yellow Warbler There is a moderate potential for the yellow -breasted chat and yellow warbler to occur within the Survey Area, and both are covered species under the MSHCP. These two species are expected to benefit from the protection/preservation of riparian/riverine areas (i.e., least Bell's vireo habitat), they are not individually considered triggers for the implementation Section 6.1.2 of the MSHCP. The implementation of Mitigation Measure BI0-1 and BI0-2 would ensure that impacts to the yellow -breasted chat and yellow warbler as a result of the Project are less than significant. Cooper's Hawk Cooper's hawk is a covered species under the MSHCP and, assuming project activities do not result in an impact to an active nest, no further actions would be necessary. The implementation of Mitigation Measure BI0-1 and BI0-2 would ensure that impacts to Cooper's hawk as a result of the Project are less than significant. Mammals The pallid bat and the Yuma myotis may forage and roost within 500 feet of the Project Site and may be affected as a result of the proposed construction. However, with the implementation of Mitigation Measures BI0-2 and BI04, impacts to mammals would be less than significant. Mitigation Measure BI04: Bats. Prior to commencement of construction activities, within or outside of the bat maternity roosting season, a qualified biologist shall conduct a pre -construction clearance survey of suitable habitat for pallid bat and Yuma myotis, within 500 feet of the Project Site. If roosting bats are identified, the biologist will determine whether there is a day roost (non - breeding) or maternity roost (lactating females and dependent young). If a day roost is determined to be present, the biologist should ensure that direct mortality to roosting individuals will not occur; this may include the installation of exclusionary flagging or some other similar protective measure, for example, to prevent ingress. In general, disturbances to day roosts as a result of noise or other indirect impact is not generally considered significant, as it would not cause direct mortality of individuals and would not be expected to reduce populations to below self-sustaining levels. If removal of any trees supporting a day roost would occur, the biologist will ensure that all roosting individuals disperse from the location prior to removal of the vegetation to prevent direct mortality. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 29 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Neqative Declaration If a maternity roost is observed, the biologist will determine whether construction activities are likely to disturb breeding activities. If it is determined that the vegetation or infrastructure supporting the roost must be removed/modified or the construction activities are expected to disturb breeding, a Bat Exclusion Plan should be prepared. At a minimum, the plan should include avoidance and minimization measures to reduce potential impacts to breeding bats during construction activities and prescribed methods to safely and humanely evict bats from the roost in order to minimize any potential impacts. Typically, avoidance measures require construction to occur outside of maternity season. Reptiles The coast horned lizard and coastal western whiptail may occur within 500 feet of the project site and may be affected as a result of the proposed construction; however, these two covered species are considered "adequately covered" under the MSHCP. Therefore, no further action is necessary. b) Less than Significant with Mitigation Incorporated. Sensitive natural communities are defined by the California Department of Fish and Wildlife (CDFW) as those natural communities that have a reduced range and/or are imperiled as a result of residential and commercial development, agriculture, energy production, and mining, or an influx of invasive and other problematic species. Vegetation communities are evaluated using NatureServe's Heritage Methodology, which is based on the knowledge of range and distribution of a specific vegetation type and the proportion of occurrences that are of good ecological integrity. Evaluation is done at both a global (natural range within and outside of California [G]) and subnational (State level for California [S]) level, each ranked from 1 ("critically imperiled" or very rare and threatened) to 5 (demonstrably secure). Natural communities and habitats with state ranks of S1 through S3 are considered sensitive natural communities and may require review when evaluating environmental impacts. Goodding's willow -sandbar willow riparian woodland/forest has a global and state evaluation of G4/S3 and Hardstem bulrush marsh an evaluation of GNR/S3; therefore, both are designated as sensitive natural communities. The Proposed Project would result in the temporary impact of approximately 0.024 acre of Goodding's willow -sandbar willow riparian woodland/forest and 0.038 acre of hardstem bulrush marsh (at total of 0.062 acre) during the replacement of articulated concrete blocks along the bed of Santa Gertrudis Creek. These temporary impacts could be mitigated via reseeding/supplemental planting efforts; however, because the Riverside County Flood Control and Water Conservation District conducts routine maintenance within the channel, this would likely not be feasible. Therefore, the incorporation of Mitigation Measure BIO-5, Preparation of a Determination of Biologically Equivalent or Superior Preservation (DBESP), would ensure that impacts to sensitive natural communities as a result of the Project, are less than significant. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 30 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration Mitigation Measure BI0-5: Preparation of a DBESP. To mitigate for the temporary removal of 0.024 acre of Goodding's willow -sandbar willow riparian woodland/forest and 0.038 acre of hardstem bulrush (totaling 0.062 acre), a Determination of Biologically Equivalent or Superior Preservation (DBESP), as described in Section 6.1.2 of the Western Riverside Multiple Species Habitat Conservation Plan (MSHCP) shall be prepared. The DBESP shall include an overview of how impacts to the Goodding's willow -sandbar willow and hardstem bulrush marsh would be temporary and because reseeding/supplemental planting efforts are not feasible, would be mitigated through the purchase of credits from the Barry Jones (Skunk Hollow) Wetland Mitigation Bank. c) Less than Significant Impact with Mitigation Incorporated. It is presumed that aquatic resources that fall under the jurisdiction of the United States Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and CDFW; and meet the criteria for a riparian/riverine area within the MSHCP, occur within the Proposed Project Site and would be impacted temporarily by construction activities. However, with the incorporation of Mitigation Measure 11I0-5, the preparation of a DBESP, and the assumption that the Project Applicant would enter into the appropriate permit agreements with the USACE (CWA Section 404 permit), CDFW (Section 1602, Streambed Alteration Agreement) and RWQCB (CWA Section 401 permit), impacts to aquatic resources would be less than significant. d) Less than Significant Impact. Wildlife movement corridors are pathways (i.e., habitat linkages) that connect discrete areas of natural open space otherwise separated or fragmented by topography, changes in vegetation, and other natural or human -induced factors, such as urbanization. Santa Gertrudis Creek provides suitable foraging and breeding habitat for wildlife within the Survey Area, as well as an opportunity for large- scale movement between contiguous habitat present both upstream and downstream of the Survey Area. The installation of fencing between the proposed trail and the Santa Gertrudis Creek may prevent ingress/egress of wildlife within the Project Site; however, the large-scale movement of wildlife through the Survey Area (along Santa Gertrudis Creek), is not expected to be affected by the Proposed Project. Further, construction is expected to take place during the daytime hours, when movement throughout the Survey Area is less frequent and at a lesser scale. The impact to wildlife movement corridors as a result of the project would be less than significant. e) No Impact. Pursuant to Riverside County Ordinance No. 559, "No person shall remove any living native tree on any parcel or property greater than one-half acre in size, located in an area above 5,000 feet in elevation and within the unincorporated area of the County of Riverside, without first obtaining a permit to do so, unless exempted by provisions of Section 4 of this ordinance." According to the BTR, numerous native trees (e.g., Salix spp.) occur within the Goodding's willow -sandbar willow riparian woodland/forest located within the Project Site. However, the elevation at the Project Site is under 2,000 Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 31 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Neqative Declaration feet; therefore, these native trees are not protected pursuant to Riverside County Ordinance No. 559. As indicated by the City of Temecula Heritage Tree Ordinance Chapter 8.48 of the Municipal Code, oak (Quercus agrifolia, Quercus dumosa, Quercus engelmannii, Quercus berberidifolia, Quercus lobata), California bay laurel, California black walnut, California Holly, California Sycamore trees and other trees of special significance to the community are protected. However, no protected trees were identified within the Project Site. Therefore, no impact to protected trees would occur. f) Less than Significant Impact with Mitigation Incorporated. The Project Site is located within the MSHCP and the City of Temecula is a plan participant; therefore, a demonstration of consistency is necessary. A portion of the Survey Area is situated within the Stephens' Kangaroo Rat Habitat Conservation Plan (SKR HCP) plan area, as well. MSHCP Section 3.2.1— Public/Quasi-Public Land The Project Site is situated entirely within Public/Quasi-Public Lands (PQP Land), which includes Santa Gertrudis Creek and adjacent areas. This portion of Santa Gertrudis Creek has been heavily modified through flood control practices and currently consists of a partially earthen bed (articulated concrete blocks extend into the margins of the creek bed) that supports limited growth of riparian, marsh and miscellaneous herbaceous vegetation; and manufactured banks, on either side of the Margarita Road bridge. The Proposed Project would involve the grading and replacement of a portion of the east bank, with the proposed pedestrian/bicycle trail relocation and new retaining wall. In addition, a portion of this manufactured bank (i.e., articulated concrete blocks) that extends into the bed of the creek would be replaced with a similar, new material that would allow for vegetation to re -grow and persist, following completion of the Project. The trail itself would function in a similar manner to the existing manufactured banks, in that the ability to convey hydrologic flows within Santa Gertrudis Creek would remain unchanged prior to and following completion of the construction. Further, the vegetation that currently exists (i.e., riparian/marsh and grass/forb vegetation) along the bed, within the articulated concrete blocks, would be allowed to re -grow naturally and would provide the same, or similar biological function that it currently does. Therefore, the Proposed Project activities are not expected to result in the loss/degradation of PQP Land or its function and would therefore result in no impact to PQP Land. MSHCP Section 6.1.2 — Riparian/Riverine Areas, Protection of Species Associated with Riparian/Riverine Areas and Vernal Pools Riparian/Riverine Areas The bed and banks of Santa Gertrudis Creek meet the criteria for riparian/riverine, as defined in the MSHCP. The Proposed Project would result in a temporary direct impact to approximately 0.387 acre of riparian/riverine, 0.062 acre of which includes native riparian/riverine vegetation (Goodding's willow —sandbar willow riparian woodland Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 32 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration forest and hardstem bulrush marsh). As mentioned above regarding impacts to PQP Land, the resulting pedestrian/bicycle trail would continue to function in a similar manner to the existing manufactured bank and would count as in -kind replacement for this portion of the riparian/riverine impacts. The temporary impacts to approximately 0.062 acre of native riparian/riverine vegetation, resulting from the replacement of the articulated concrete blocks and access/staging, could be mitigated via reseeding/supplemental planting; however, because the Riverside County Flood Control and Water Conservation District conducts routine maintenance within the channel, this would likely not be feasible. Therefore, the incorporation of Mitigation Measure BIO-5, Preparation of a DBESP, would ensure that the impacts to riparian/riverine areas as a result of the Project are less than significant. Least Bell's vireo This species was not observed during the biological resources assessment; however, suitable habitat for the least Bell's vireo occurs within the approximate 1.187 acre of Goodding's willow -sandbar willow riparian woodland forest present throughout the bed of Santa Gertrudis Creek. Approximately 0.024 acre of this vegetation type would be removed (temporarily) as a result of the Project. If pre -construction clearance surveys determine that the species does not occur within Survey Area, no further action, regarding least Bell's vireo, would be necessary. If surveys result in the detection of vireo within the Survey Area, the proposed temporary removal of 0.024 acre of Goodding's willow -sandbar willow riparian woodland/forest may result in a temporary impact to occupied habitat. Because impacts would be temporary and the vegetation would be reestablished following Project completion, construction activities outside of the nesting season (April 10—July 31) would eliminate the need for additional action/compensation, regarding vireo. However, if activities must occur during the nesting season, adjacent to occupied habitat, indirect disturbance to nesting least Bell's vireo could occur. However, with the implementation of Mitigation Measures BIO-2 and BIO-3, impacts to least Bell's vireo would be less than significant. MSHCP Section 6.1.3 — Protection of Narrow Endemic Plant Species According to the RCA MSHCP Information Map, the Survey Area is not located within a narrow endemic plant survey area; therefore, the Proposed Project activities are not expected to result in an impact to species covered under Section 6.1.3 of the MSHCP. No narrow endemic plant species were observed during the Project Site survey; therefore, the Proposed Project will result in no impact to Narrow Endemic Plant Species. MSHCP Section 6.1.4 — Guidelines Pertaining to the Urban/Wildlands Interface Section 6.1.4 of the MSHCP specifies that projects occurring within the urban/wildlands interface should implement appropriate storm water pollution prevention measures, prevent construction/operation noise and night lighting from entering the conservation area, prevent the spread of invasive plant species, install effective barriers to prevent trespass, and ensure that manufactured slopes do not extend into the conservation area, Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 33 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Neqative Declaration wherever feasible. Each of these items are discussed in detail below. With the exception of Invasives, discussed in detail below, the Proposed Project will result in no impact to Section 6.1.4 of the MSHCP. Drainage The implementation of best management practices, as part of a Stormwater Pollution Prevention Plan (SWPPP) developed for the Project, would ensure that drainage and water quality on -site remains in compliance with the requirements outlined in Section 6.1.4 of the MSHCP. Further, once construction is complete, drainage within the Project Site is expected to return to pre -construction levels. Toxics The implementation of best management practices, as part of a SWPPP developed for the Project, would ensure that release of toxic chemicals that may affect wildlife and/or habitat/water quality would be prevented to the extent feasible, and would remain in compliance with the requirements outlined in Section 6.1.4 of the MSHCP. Further, once construction is complete, the Project is not expected to result in the release of any toxics. Lighting The Project would not include the installation of additional lighting; therefore, the Project would not result in lighting impacts to wildlife during or following completion of construction. Noise Ambient noise may increase temporarily during construction; however, once complete, the Project would not significantly alter current ambient noise levels within the Survey Area. Invasives The Project proposes to install landscaping within the Project Site. With the implementation of Mitigation Measure BI0-6, consideration of non-native plant species listed in Table 6-2 of the MSHCP, impacts associated with the Proposed Project would be less than significant. Mitigation Measure BI0-6: Table 6-2, Plants that Should Be Avoided Adjacent to the MSHCP Conservation Area. Prior to construction, Table 6-2, Plants that Should Be Avoided Adjacent to the MSHCP Conservation Area, as detailed in Section 6.1.4 of the MSHCP, shall be reviewed during the development of the landscape plan for the Project. Species identified in Table 6-2 shall be avoided and preference shall be given to locally indigenous species. Barriers The Project would include the installation of a 4-foot-high chain -link fence between the proposed modified pedestrian/bicycle trail and Santa Gertrudis Creek. The proposed fence is intended to prevent trespass and potential disturbance to wildlife and other Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 34 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration resources present within the creek. The installation of the fence would serve as a barrier between public areas and the Santa Gertrudis Creek and would ensure compliance with Section 6.1.4 of the MSHCP. Grading/Land Development The Project would not result in an increase to the footprint of the existing manufactured slopes, within the Project Site, nor would it result in newly graded areas. Therefore, the Project is not expected to result in a change in grading/land development as described in Section 6.1.4 of the MSHCP. MSHCP Section 6.3.2 — Additional Survey Needs and Procedures Burrowing Owl The Survey Area is situated within a burrowing owl survey area, as indicated on the RCA MSHCP Information Map. As noted in Section 1.2, Methods, of the BTR (Appendix B), a burrowing owl habitat assessment was performed concurrent with the biological resources assessment survey. It was determined that while the Survey Area supports marginal foraging habitat for the species, no suitable burrows or other types of refuge (e.g., debris or rock piles) necessary to support burrowing owl nesting was observed. The Proposed Project would result in no impact to burrowing owl. Smooth Tarplant Suitable habitat for smooth tarplant occurs within and immediately adjacent to the Project Site, within the bed of Santa Gertrudis Creek. This is a covered species under the MSHCP. The Survey Area is not located within a criteria cell nor within a criteria plant survey area; therefore, surveys to determine presence/absence of this species are not required. In addition, this species was not observed during the Project Site survey. The Proposed Project would result in no impact to smooth tarplant. MSHCP Section 7.4.2 — Conditionally Compatible Uses The proposed trail connection would likely qualify as a regional trail under section 7.4.2 of the MSHCP, which would require that it not exceed 20 feet in width. The proposed width of the trail is expected to measure approximately 12 feet, and is therefore in compliance with this section of the MSHCP. The Proposed Project would result in no impact to Section 7.4.2 of the MSHCP. MSHCP Section 7.5.3 — Construction Guidelines and Appendix C The implementation of Mitigation Measure BI0-7, compliance with Section 7.5.3 of the MSHCP and Appendix C of the MSHCP, would ensure that impacts associated with the Proposed Project remain less than significant. Mitigation Measure 13I0-7: Section 7.5.3 and Appendix C of the MSHCP. The City shall implement guidelines described under Section 7.5.3 and Appendix C of the MSHCP, prior to, during, and following the completion of Project activities. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 35 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Neqative Declaration Stephens' Kangaroo Rat Habitat Conservation Plan The Survey Area north of Margarita Road extends partially into the SKR HCP plan area. However, suitable habitat for the Stephens' kangaroo rat was not identified during the site reconnaissance. Further, the Project would be exempt from payment into the SKR HCP because it involves the rehabilitation of an existing structure. The Proposed Project is expected to have no impact to resources associated with the SKR HCP. References ESA. 2021 a. Biological Technical Report. Prepared February 2021. Provided as Appendix B. ESA. 202lb.Aquatic Resources Delineation Report. January 2021. Provided as Appendix C. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 36 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration Cultural Resources Less Than Potentially Significant with Less Than Significant Mitigation Significant Issues (and Supporting Information Sources): Impact Incorporated Impact No Impact V. CULTURAL RESOURCES — Would the project: a) Cause a substantial adverse change in the ❑ ❑X ❑ ❑ significance of a historical resource pursuant to §15064.5? b) Cause a substantial adverse change in the ❑ ❑X ❑ ❑ significance of an archaeological resource pursuant to §15064.5? c) Disturb any human remains, including those interred ❑ ® ❑ ❑ outside of dedicated cemeteries? Discussion The following discussion is based on Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project — Cultural Resources Assessment (Vader, 2021), included as confidential Appendix D. The report includes a records search at the Eastern Information Center (EIC) housed at University of California, Riverside; a desktop subsurface archaeological sensitivity assessment; and a cultural resources survey of the Area of Potential Effects (APE), which includes the Project Site plus a 25-foot buffer. a) Less than Significant Impact with Mitigation Incorporated. The EIC records search indicates six cultural resources have been previously recorded within a 1-mile radius of the Project Site. Of these six cultural resources, one is a prehistoric archaeological site consisting of a lithic and groundstone scatter (P-33-001730), and five are prehistoric isolates (P-33-012381,-012382,-012383,-012384, and-012385). None of these previously recorded resources are located within or immediately adjacent to the Project Site. A desktop review of geologic maps and soils data was conducted to assess the potential for subsurface archaeological deposits within the APE. The late Pleistocene to Holocene -age younger alluvial channel deposits mapped at surface in the APE are of appropriate age to contain subsurface archaeological deposits. However, given the degree of past disturbance associated with the construction of the Santa Gertrudis Creek Channel, the APE has moderate sensitivity for the presence of subsurface archaeological resources. The cultural resources survey found the Project area is largely comprised of paved surfaces and engineered slopes, and no cultural resources were identified as a result. As a result of the archival research and cultural resources survey conducted for the Project, no cultural resources have been identified within APE. However, the likelihood for encountering subsurface archaeological deposits within the APE during Project construction is moderate. In the event that subsurface archaeological deposits are encountered during Project implementation, they may qualify as historical resources or unique archaeological resources pursant to CEQA and may subject to significant impacts. With the incorporation of Mitigation Measures CUL-1 through CUL-4, potential Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 37 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Neqative Declaration impacts to unknown archaeological deposits that could qualify as historical resources would be reduced to less than significant. Mitigation Measure CUL-1: Retention of a Qualified Archaeologist. Prior to the start of ground -disturbing activities, the City shall retain a qualified archaeologist meeting the Secretary of the Interior's Professional Qualifications Standards for archaeology (U.S. Department of the Interior, 2012) to carry out the following measures. Mitigation Measure CUL-2: Sensitivity Training. Prior to the start of ground - disturbing activities, construction personnel shall be trained in the identification of cultural resources. Prior to earth moving activities, the qualified archaeologist shall conduct cultural resources sensitivity training for all construction personnel. Construction personnel shall be informed of the types of archaeological resources that may be encountered, and of the proper procedures to be enacted in the event of an inadvertent discovery of archaeological resources or human remains. The City shall ensure that construction personnel are made available for and attend the training and retain documentation demonstrating attendance. Mitigation Measure CUL-3: Monitoring of Ground -Disturbing Activities. An archaeological monitor (working under the direction of the qualified archaeologist) shall observe all subsurface ground -disturbing activities. A Native American monitor from the Pechanga Band of Luiseno Indians shall also be present to observe subsurface ground -disturbing activities. The qualified archaeologist, in coordination with the City and Pechanga Band of Luiseno Indians, may reduce or discontinue monitoring if it is determined that the possibility of encountering buried archaeological deposits is low based on observations of soil stratigraphy or other factors. Construction monitoring shall be conducted by an archaeologist familiar with the types of archaeological resources that could be encountered within the project site. The archaeological monitor and Native American monitor, in coordination with the construction manager or resident engineer, shall be empowered to request the halting or redirecting of ground -disturbing activities away from the vicinity of a discovery until the qualified archaeologist has evaluated the discovery and determined appropriate treatment. The archaeological monitor shall keep daily logs detailing the types of activities and soils observed, and any discoveries. After monitoring has been completed, the qualified archaeologist shall prepare a monitoring report that details the results of monitoring. The report shall be submitted to the City, as well as the Pechanga Band of Luiseno Indians upon request. A copy of the final report shall be filed at the Eastern Information Center Mitigation Measure CUL-4: Inadvertent Archaeological Find. If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 38 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration or cultural importance as determined in consultation with the Native American Tribe(s). i. All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the tribal representative(s) and the Community Development Director to discuss the significance of the find. ii. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. iii. Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. Work shall be allowed to continue outside of the buffer area and will be monitored by additional Tribal monitors if needed. iv. Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Management Plan and Monitoring Agreements entered into with the appropriate tribes. This may include avoidance of the cultural resources through project design, in -place preservation of cultural resources located in native soils and/or re -burial on the Project property so they are not subject to further disturbance in perpetuity as identified in Non -Disclosure of Reburial Condition. v. If the find is determined to be significant and avoidance of the site has not been achieved, a Phase III data recovery plan shall be prepared by the project archeologist, in consultation with the Tribe, and shall be submitted to the City for their review and approval prior to implementation of the said plan. vi. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and cultural resources. If the landowner and the Tribe(s) cannot agree on the significance or the mitigation for the archaeological or cultural resources, these issues will be presented to the City Community Development Director for decision. The City Community Development Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources, recommendations of the project archeologist and shall take into account the cultural and religious principles and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the City Community Development Director shall be appealable to the City Planning Commission and/or City Council. b) Less than Significant Impact with Mitigation Incorporated. As noted above under Response V.(a), no known archaeological resources were identified within the Project area as a result of the cultural resources assessment report prepared for the Project. Further, the likelihood for encountering unknown subsurface archaeological deposits within the Project area during proposed construction is moderate. As such, there is Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 39 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Neqative Declaration potential for Project implementation to impact unknown subsurface archaeological deposits that would qualify as unique archaeological resources. With the incorporation of Mitigation Measures CUL-1 through CUL-4, potential impacts to unknown archaeological deposits that could qualify as unique archaeological resources would be reduced to less than significant. c) Less than Significant Impact with Mitigation Incorporated. No known formal or informal cemeteries or other burial places are known to exist within the Project area. However, because the Project would involve ground -disturbing activities, it is possible that such actions could unearth, expose, or disturb previously unknown human remains. Implementation of Mitigation Measure CUL-5 would reduce potential impact to unknown human remains to less than significant. Mitigation Measure CUL-5: Human Remains. If human remains are encountered, the contractor shall halt work in the vicinity (within 100 feet) of the find and contact the Riverside County Coroner in accordance with PRC Section 5097.98 and Health and Safety Code Section 7050.5. If the County Coroner determines that the remains are Native American, the California Native American Heritage Commission (NAHC) will be notified in accordance with Health and Safety Code Section 7050.5, subdivision (c), and PRC Section 5097.98 (as amended by Assembly Bill 2641). The NAHC will designate a Most Likely Descendent (MLD) for the remains per PRC Section 5097.98. Until the landowner has conferred with the MLD, the contractor shall ensure that the immediate vicinity where the discovery occurred is not disturbed by further activity, is adequately protected according to generally accepted cultural or archaeological standards or practices, and that further activities take into account the possibility of multiple burials. References U.S. Department of the Interior, National Park Service. 2012. Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation (As Amended and Annotated), www.nps.gov/history/local- law/arch_stnds_O.htm, accessed November 4, 2014, 2008. Vader, Michael. 2021. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project — Cultural Resources Assessment. Prepared for the City of Temecula by Environmental Science Associates, May 2021. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 40 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration Energy Less Than Potentially Significant with Less Than Significant Mitigation Significant Issues (and Supporting Information Sources): Impact Incorporated Impact No Impact VI. ENERGY — Would the project: a) Result in potentially significant environmental impact ❑ ❑ ❑X ❑ due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? b) Conflict with or obstruct a state or local plan for ❑ ❑ ❑X ❑ renewable energy or energy efficiency? Discussion a) Less than Significant Impact. The Project would demolish the existing SGCT along the east and western sides of Margarita Road and construct the proposed shared -use path and infrastructure under Margarita Road along the Santa Gertrudis Creek. Therefore, the Project would not require energy resources during operations. The Project would improve an existing portion of the trail system, encouraging the use of bicycles while reducing the use of passenger vehicles and demand on transportation fuel. Therefore, impacts related to Project operations would be less than significant. However, the Project would consume energy during construction activities primarily from on- and off -road vehicle fuel consumption in the form of diesel, gasoline, and electricity from water conveyance for dust control. The Project's construction contractors would comply with applicable CARB regulations governing the accelerated retrofitting, repowering, or replacement of heavy duty diesel on- and off -road equipment. CARB adopted an Airborne Toxic Control Measure to limit heavy-duty diesel motor vehicle idling time in order to reduce public exposure to diesel particulate matter and other toxic air contaminants. CARB approved the Truck and Bus regulation to reduce NOx, PM1o, and PM2.5 emissions from existing diesel vehicles operating in California. In addition to limiting exhaust from idling trucks, CARB recently promulgated emission standards for off -road diesel construction equipment of greater than 25 horsepower to reduce emissions by requiring the installation of diesel soot filters and encouraging the retirement, replacement, or repower of older, dirtier engines with newer emission -controlled models. While intended to reduce construction criteria pollutant emissions, compliance with the above listed anti -idling and emissions regulations would also result in efficient use of construction -related energy and the minimization or elimination of wasteful and unnecessary consumption of energy. According to the CARB staff report that was prepared at the time the anti -idling ATCM was being proposed for adoption in late 2004/early 2005, the regulation was estimated to reduce non -essential idling and associated emissions of diesel particulate matter (DPM) and NOx emissions by 64 and 78 percent respectively in analysis year 2009 (CARB 2004). These reductions in emissions are directly attributable to overall reduced idling times and fuel combustion as a result of compliance with the regulation. Project compliance with Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 41 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Neqative Declaration CARB regulations would result in energy savings, assuming a fuel reduction equivalent to the percent reduction of DPM or NOx as estimated by CARB for 2009 (the lesser value, i.e., 64 percent, is used as a conservative assumption). Heavy-duty engines continue to become more efficient and reduction amounts may lessen in the future due to this. Although the energy savings cannot be accurately quantified, the Project would still reduce consumption of diesel fuel under the anti -idling measure. Construction electricity use would be temporary, sporadic, and would cease upon completion of the Project. Electricity for water conveyance would only be used when necessary to prevent fugitive dust and would decrease after completion of excavation and paving phases when the site is paved and has less dust to control. Thus, construction of the Proposed Project would use energy necessary to build the Project, but would not result in the wasteful, inefficient, and unnecessary use of energy and impacts would be less than significant. b) Less than Significant Impact. Construction of the Project would result in a temporary increase in demand for gasoline, diesel and electricity. The Project's energy consumption primarily would result from on- and off -road fuel use from construction related vehicles totally approximately 6 gallons of gasoline and 5,988 gallons of diesel (see Appendix E for detailed calculations). The Project would require electricity from water conveyance for dust control totally approximately 0.1 megawatt hours. Natural gas would not be used during Project construction. These activities make up small percentages of total energy supplies and would cease after the construction period. Thus, construction would not cause a permanent increase in demand and impacts would be less than significant. References California Air Resources Board (CARB). 2004. Staff Report: Initial Statement of Reasons for Proposed Rulemaking, Airborne Toxic Control Measure to Limit Diesel -Fueled Commercial Motor Vehicle Idling, Appendix F. July 2004. https://www.arb.ca.gov/regact/ idling/idling.htm, Accessed February 2021. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 42 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Declaration Geology and Soils Less Than Potentially Significant with Less Than Significant Mitigation Significant Issues (and Supporting Information Sources): Impact Incorporated Impact No Impact VII. GEOLOGY AND SOILS —Would the project: a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as ❑ ❑ ❑X ❑ delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ ❑X ❑ iii) Seismic -related ground failure, including ❑ ❑ ❑X ❑ liquefaction? iv) Landslides? ❑ ❑ ® ❑ b) Result in substantial soil erosion or the loss of topsoil? ❑ ❑ ® ❑ c) Be located on a geologic unit or soil that is unstable, ❑ ❑ ® ❑ or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soil, as defined in ❑ ❑ ❑X ❑ Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? e) Have soils incapable of adequately supporting the use ❑ ❑ ❑ of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? f) Directly or indirectly destroy a unique paleontological ❑ ❑ ® ❑ resource or site or unique geologic feature? Discussion a.i) Less than Significant Impact. The City of Temecula, like the rest of Southern California, is located in a seismically active region as the result of being located near the active margin between the North American and Pacific tectonic plates. Several major faults exist in the region and have the potential to cause damage in the City. According to the Foundation Report for Retaining Walls (Foundation Report) prepared for the Project, no major faults traverse through the Project Site (Appendix F). Furthermore, the California Division of Mines and Geology (CDMG) has not identified any Alquist-Priolo Fault Zones through the Site. Therefore, the risk of ground surface rupture and related hazards at the Project Site are expected to be low. Furthermore, the Project does not include habitable structures and is limited to the construction of trail improvements and associated facilities (i.e. storm drains sewer and water, retaining walls, utility replacements, and repaving activities). These improvements are not particularly at risk to earthquake -induced damage and would not substantially Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 43 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Neqative Declaration increase the potential for human loss, injury, or death as a result of fault rupture because of required compliance with federal, state and local laws and regulations that protect the public from seismic hazards. Development of the Proposed Project would include grading and/or other ground -disturbing activities to allow for the development of the Project. The Project would be required to comply with local seismic -related guidelines and policies during construction, which would reduce the potential for risk of loss due to fault rupture. The City has prepared the Engineering and Construction Manual (last amended December 2020) to define the administrative procedures and technical requirements necessary to implement the provisions of Temecula Municipal Code Title 18 (Construction, Grading, and Encroachment). The Engineering and Construction Manual provides detailed information to regulate construction, grading, and encroachment within public rights -of -way, including roadway design standards that would be applied to the Proposed Project. Project conformance with the design measures provided in the Engineering and Construction Manual, as well as any other applicable seismic -related requirements, would ensure that Project impacts relative to potential rupture of a known earthquake fault remain less than significant. a.ii) Less than Significant Impact. According to the Public Safety Element of the City of Temecula General Plan, severe ground shaking is possible due to the presence of loosely consolidated alluvial soils (City of Temecula 2005). The County of Riverside has established Ground Shaking Zones indicating the relative level of risk based on the distance from faults and geographic characteristic of the area. The Project Site is located in Ground Shaking Zone II, where shaking is expected to vary from moderate to intense levels in the event of an earthquake, depending on the composition of underlying geologic formations, the earthquake's epicenter, and the order of magnitude of the seismic event (City of Temecula 2005). The Proposed Project would be designed and constructed in accordance with all applicable City requirements in place to shield infrastructure from the effects of seismic ground shaking, including those identified under the City's Engineering and Construction Manual, as well as the goals and policies outlined in the Public Safety Element of the City's General Plan (City of Temecula 2005; 2020). Additionally, the Proposed Project would be constructed in compliance with the existing seismic safety regulations of the California Building Code (CBC). As described above, the Project does not involve the construction of aboveground habitable structures, and its implementation would not increase the potential for human loss, injury, or death. As such, impacts would be less than significant. a.iii) Less than Significant Impact. Liquefaction and seismically -induced settlement or ground failure is generally related to strong seismic shaking events where the groundwater table occurs at a relatively shallow depth (generally within 50 feet below ground surface) or where lands are underlain by loose, cohesionless deposits. Liquefaction generally results in the loss of shear strength of a soil which occurs due to the increase of pore water pressure caused by the rearrangement of soil particles induced by shaking or vibration. During liquefaction, soil strata typically behave similar to a heavy fluid. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 44 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration According to the Public Safety Element of the City's General Plan, the Project Site is located within an area that is susceptible to liquefaction (City of Temecula 2005). Construction of the Project would include grading, placement of fills soils, relocation and construction of underground utilities, and construction and/or replacement or retaining walls, which could increase the potential for liquefaction to occur within the Project Site. However, all placement and compaction of any fill material for the Proposed Project would be performed in accordance with the City's grading standards and to the satisfaction of a qualified geotechnical engineer. Earthwork for the roadway improvements would be performed in accordance with the City's Standard Drawings (2020). Furthermore, as stated in the Foundation Report prepared for the Proposed Project (Appendix F), liquefiable soil layers were encountered about 45 to 50 feet below the existing ground surface of SCGT. However, the Project Site is immediately adjacent to the Santa Gertrudis Creek, which may result in sensitivities to groundwater fluctuations inside and outside of the creek and result in liquefiable conditions. As discussed in the Foundation Report, it is likely that some tilting of the retaining wall may occur due to liquefaction, however, no collapse is anticipated (Appendix F). To reduce the potential for tilting or collapse of the retaining walls or other Project components, the Project would be required to comply with all applicable General Plan policies and local codes and regulations regulating the effects of liquefaction, including those identified under the California Building Code (CBC), Greenbook Standard Specifications for Public Works Construction, Caltrans Standard Plans, and the City's Engineering and Construction Manual. Due to the nature of the Project, implementation of the Project would not significantly expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving seismic ground failure. A less than significant impact would occur. a.iv) Less than Significant Impact. According to the California Geologic Survey the Project Site is not listed as being in a known landslide zone (CGS 2020). Construction of the Project includes the removal of existing pavements and bringing soils up to 5 percent grade, which would require approximately 175.72 CY of materials to be imported. In addition, the Project would construct a Caltrans Type 5 retaining wall on the channel slope. The retaining wall would be designed to be consistent with the safety parameters of the Caltrans 2018 Standard Specifications and Standard Special Provisions, which include seismic design parameters to limit effects of landslides (Caltrans 2018). A ground anchor wall (GAW) is also proposed below the Margarita Road undercrossing, which would be used to retain the abutment end slope. As discussed above in Response VII(a.iii), compliance with the CBC, City of Temecula requirements, and Caltrans requirements would reduce the potential for construction and operation of the Project to result in substantial risk due to landslides. As such, potential impacts related to landslides would be less than significant. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 45 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Neqative Declaration b) Less than Significant Impact. Soil erosion is most prevalent in unconsolidated alluvium and surficial soils and in areas that have slopes. According to the Foundation Report, the Project Site is underlain predominately by sandy soils; an upper layer consisting of clayey sand and silty sand, and a lower sand layer consisting of clayey sand (Appendix F). Construction activity associated with the Proposed Project would result in disturbance to soils that could expose them to potential erosive forces, such as wind and water. All earth -disturbing activities associated with construction of the Project would be temporary, and erosion effects would depend largely on the characteristics of soils disturbed, the quantity of disturbance, and the length of time soils are subject to conditions that would be affected by erosion processes. All design and construction considerations would be in compliance with the Foundation Report and the City of Temecula's Grading, Erosion and Sediment Control Ordinances (Ordinance Nos. 04-04, 08-09, 13-01), California Code of Regulations Caltrans Standard Specifications and Standard Special Provisions, and Chapter 70 of the CBC, which regulates grading activities, including drainage and erosion control. Furthermore, as discussed in the Water Quality Management Plan (WQMP) for the Project, the Project would be required to apply standard best management practices (BMPs), such as site design BMPs and source control BMPs to reduce the potential for erosion or siltation (Appendix G). With incorporation of applicable codes, regulations, and policies, impacts regarding soil erosion and siltation would be less than significant. Once construction activities are completed, the proposed shared -use trail would be paved and the remaining of the Project Site would be revegetated, which would reduce the potential for substantial erosion or loss of topsoil. Furthermore, as the Project would be constructed on the existing channel slope, the drainage patterns into the creek would remain the same where the potential for erosion and/or loss of topsoil would be similar to existing conditions. Operation of the Project would not include any additional ground disturbing activities and users of the Project would stay primarily on the paved shared - use path, which would reduce the potential for erosion or loss of topsoil. As such, impacts regarding soil erosion or loss of topsoil would be less than significant. c) Less than Significant Impact. As discussed above in Responses VII(a.iii) and VII(a.iv), the Project would include the construction of retaining walls along the existing channel wall of Santa Gertrudis Creek, which may result in the potential for soil -stability issues during construction. However, BMPs included in the WQMP would include source control and site design measures to minimize construction -related impacts and maintain soil stability at less than significant levels. Once construction activities are completed, the proposed shared -use trail would be paved, the remaining of the Project Site would be revegetated, and the retaining walls would support their respective slopes. Due to the nature of the proposed shared -use path, operation of the Project has a low potential to result in on- or off -site landslide, lateral spreading subsidence, liquefaction, or collapse. Operational impacts would be less than significant. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 46 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration d) Less than Significant Impact. Expansive soils typically include fine-grained clay soils that have the potential to expand and retract according to changes in moisture content. Changes in the water content of an expansive soil can result in severe distress to structures constructed upon such soil. According to the Foundation Report, the Project Site is underlain predominately by sandy soils; an upper layer consisting of clayey sand and silty sand, and a lower sand layer consisting of clayey sand, which may have the potential to expand (Appendix F). Prior to commencement of grading operations, debris, organic material, and/or other unsuitable materials would be removed of and disposed of before receiving fill as recommended by the Foundation Report. All removals would be observed by qualified geotechnical personnel, ensuring all exposed subgrade contains competent materials. The recommendations included in the Foundation Report also include general construction considerations, which would reduce the potential for expansion pressures to risk loss of life and/or property. As such, the Project would not create substantial risks of loss to life or property due to expansive soils, and impacts would be less than significant. e) No Impact. The Project does not include the installation of septic tanks or alternative wastewater disposal systems and wastewater disposal would not be required. No impact would occur. f) Less than Significant Impact. Paleontological resources are the preserved fossilized remains of plants and animals. Fossils and traces of fossils are preserved in sedimentary rock units, particularly fine- to medium -grained marine, lake, and stream deposits, such as limestone, siltstone, sandstone, or shale, and in ancient soils (paleosols). Such resources are also found in coarse -grained sediments; such as conglomerates or coarse alluvium sediments. Additionally, fossils are rarely preserved in igneous or metamorphic rock units. Fossils may occur throughout a sedimentary unit and are more likely to be preserved subsurface, where they have not been damaged or destroyed by previous ground disturbance, amateur collecting, or natural causes such as erosion. Implementation of the Project would demolish the existing SGCT along the east and western sides of Margarita Road and construct the proposed shared -use path and infrastructure under Margarita Road along the Santa Gertrudis Creek. Although it is unknown the full level of disturbance that occurred on the Project Site as a result of previous channel wall construction, any significant paleontological resources would have likely been unearthed during past grading of the Project Site during the construction of the Santa Gertrudis Creek channel walls. Construction of the Project would include grading and removal of existing pavements along channel wall of Santa Gertrudis Creek, however, this grading would be similar in depths to that used to construct the channel walls and would not be anticipated to result in the discovery of paleontological resources. As a result, the Project would have a low potential to directly or indirectly destroy a paleontological resource, and, therefore, impacts would be less than significant. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 47 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Neqative Declaration References California Geologic Survey (CGS). 2021. Earthquake Zones of Required Investigation — webpage. Available, accessed February 3, 2021. California Department of Transportation (Caltrans). 2018. Standard Plans and Standard Specifications. Available https:Hdot.ca.gov/programs/design/ccs-standard-plans-and- standard-specifications, accessed January 2022. City of Temecula. 2005. General Plan — Public Safety Element. Available at https://temeculaca.gov/DocumentCenterNiew/288/Public-Safety-PDF?bidld=, accessed February 1, 2021. City of Temecula. 2020. Engineering and Construction Manual. Available at https://temeculaca.gov/DocumentCenter/View/3083/Engineering-and-Construction- Manual, accessed February 1, 2021. City of Temecula Department of Public Works (DPW). 2020. Standard Drawings 2020. Available at https://temeculaca.gov/DocumentCenter/Index/217, accessed February 3, 2021. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 48 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration Greenhouse Gas Emissions Less Than Potentially Significant with Less Than Significant Mitigation Significant Issues (and Supporting Information Sources): Impact Incorporated Impact No Impact VIII. GREENHOUSE GAS EMISSIONS — Would the project: a) Generate greenhouse gas emissions, either directly or ❑ ❑ ❑X ❑ indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation ❑ ❑ 0 ❑ adopted for the purpose of reducing the emissions of greenhouse gases? Discussion a, b) Less than Significant Impact. Gases that trap heat in the atmosphere are called greenhouse gases (GHGs). The major concern with GHGs is that increases in their concentrations are causing global climate change. Global climate change is a change in the average weather on Earth that can be measured by wind patterns, storms, precipitation, and temperature. Although there is disagreement as to the rate of global climate change and the extent of the impacts attributable to human activities, most in the scientific community agree that there is a direct link between increased emissions of GHGs and long-term global temperature increases. The State of California defines GHGs as carbon dioxide (CO2), methane (CH4), nitrous oxide (N20), sulfur hexafluoride (SF6), perfluorocarbons (PFCs), and hydrofluorocarbons (HFCs). Because different GHGs have different global warming potentials (GWPs) and CO2 is the most common reference gas for climate change, GHG emissions are often quantified and reported as CO2 equivalents (CO2e). For example, CH4 has a GWP of 25 (over a 100-year period); therefore, 1 metric ton (MT) of CH4 is equivalent to 25 MT of CO2 equivalents (MTCO2e). The State uses the GWP ratios available from the United Nations Intergovernmental Panel on Climate Change (IPCC) and published in the Fourth Assessment Report (AR4). By applying the GWP ratios, Project -related CO2e emissions can be tabulated in metric tons (MT) per year. Large emission sources are reported in million metric tons (MMT) of CO2e. Some of the potential effects of global warming in California may include loss in snow pack, sea level rise, more extreme heat days per year, more high ozone days, more forest fires, and more drought years (GARB 2008). Globally, climate change has the potential to impact numerous enviromnental resources through potential, though uncertain, impacts related to future air temperatures and precipitation patterns. The projected effects of global warming on weather and climate are likely to vary regionally, but are expected to include the following direct effects (IPCC 2001): • Higher maximum temperatures and more hot days over nearly all land areas; • Higher minimum temperatures, fewer cold days and frost days over nearly all land areas; Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 49 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Neqative Declaration • Reduced diurnal temperature range over most land areas; • Increase of heat index over land areas; and • More intense precipitation events. Also, there are many secondary effects that are projected to result from global warming, including global rise in sea level, impacts to agriculture, changes in disease vectors, and changes in habitat and biodiversity. While the possible outcomes and the feedback mechanisms involved are not fully understood and much research remains to be done, the potential for substantial environmental, social, and economic consequences over the long term may be great. California generated 429.4 MMTCO2e in 2016, the most recent year data are available. Combustion of fossil fuel in the transportation sector was the single largest source of California's GHG emissions in 2016, accounting for approximately 39 percent of total GHG emissions in the state. This sector was followed by the industrial sector (21 percent) and the electric power sector (including both in -state and out-of-state sources) (16 percent). Impacts of GHGs are borne globally, as opposed to localized air quality effects of criteria air pollutants and toxic air contaminants. The quantity of GHGs that it takes to ultimately result in climate change is not precisely known; however, it is clear that the quantity is enormous, and no single project would measurably contribute to a noticeable incremental change in the global average temperature, or to global, local, or micro climates. From the standpoint of CEQA, GHG impacts to global climate change are inherently cumulative. The City of Temecula has not adopted thresholds of significance for GHG emissions that would be applicable to this Project. CEQA Guidelines 15064.4 states that the lead agency has the discretion to rely on a qualitative analysis or performance -based standards in determining the significance of a project's GHG emissions. Accordingly, the analysis herein examines the extent to which the Project complies with regulations or requirements adopted to implement a statewide, regional, or local plan for the reduction or mitigation of GHG emissions, consistent with CEQA Guidelines 15064.4 (b)(3). The Project would demolish the existing SGCT along the east and western sides of Margarita Road and construct the proposed shared -use path and infrastructure under Margarita Road along the Santa Gertrudis Creek. Therefore, the Project would not result in the generation of operational emissions. The Project would improve an existing portion of the SGCT system, encouraging the use of bicycles while reducing the use of passenger vehicles. The Project's highest GHG contributors are from off -road construction equipment sources. The Proposed Project would utilize construction contractors who demonstrate compliance with applicable CARB regulations restricting the idling of heavy-duty diesel motor vehicles and governing the accelerated retrofitting, repowering, or replacement of heavy-duty diesel on- and off -road equipment. CARB has adopted an Airborne Toxic Control Measure to limit heavy-duty diesel motor vehicle idling in order to reduce public exposure to diesel particulate matter and other toxic air contaminants. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 50 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration CARB has also adopted emission standards for off -road diesel construction equipment of greater than 25 horsepower. The emissions standards are referred to as "tiers" with Tier 4 being the most stringent (i.e., less polluting). The requirements are phased in, with full implementation for large and medium fleets by 2023 and for small fleets by 2028. Therefore, construction of the proposed Project would be consistent with applicable standards. As a result, impacts would be less than significant and no mitigation is required. References California Air Resources Board (CARB). 2018. California Greenhouse Gas Emission Inventory 2018 Edition. Available: https://www.arb.ca.gov/cc/inventory/data/data.htm. Accessed October 2020. 2020. Current California GHG Emission Inventory Data. Available at https://ww2.arb.ca.gov/ghg-inventory-data, access October 22, 2020. Intergovernmental Panel on Climate Change (IPCC). 2007. Climate Change 2007: Synthesis Report. Contribution of Working Groups 1, II, and III to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 51 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration Hazards and Hazardous Materials Less Than Potentially Significant with Less Than Significant Mitigation Significant Issues (and Supporting Information Sources): Impact Incorporated Impact No Impact IX. HAZARDS AND HAZARDOUS MATERIALS — Would the project: a) Create a significant hazard to the public or the ❑ ❑ ❑X ❑ environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the ❑ ❑ 0 ❑ environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or ❑ ❑ 0 ❑ acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of ❑ ❑ ❑X hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan ❑ ❑ El ❑X or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? f) Impair implementation of or physically interfere with ❑ ❑ 0 ❑ an adopted emergency response plan or emergency evacuation plan? g) Expose people or structures, either directly or indirectly, ❑ ❑ El to a significant risk of loss, injury, or death involving wildland fires? Discussion a) Less than Significant Impact. The routine transport, use, and disposal of hazardous materials can result in hazards to the public through the potential for accidental release. Such hazards are typically associated with certain types of land uses, such as chemical manufacturing facilities, industrial processes, waste disposal, and storage and distribution facilities. Construction of the Project may result in temporary hazards related to transport and use of hazardous materials, including those used for construction vehicle use and maintenance (e.g., diesel fuel, motor oil). During Project construction, contractors would be required to uphold standard BMPs to ensure that all hazardous materials are stored, transported, and disposed of in accordance with federal and State law. Conformance with these standards would effectively avoid and minimize significant hazards related to the transport, use, and disposal of hazardous materials and would reduce the Project's impacts to less than significant levels. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 52 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration Project operation would not involve a land use creating a significant hazard to the environment due to the routine transport, use, or disposal of hazardous materials. Operation of the Project would be similar in handling of hazardous materials to what occurs under existing conditions. As such, the Project would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. No significant operational impacts would occur. b) Less than Significant Impact. Refer to Response IX(a), above. During the short-term excavation and construction period, there is the possibility of accidental release of hazardous substances such as spilling of petroleum -based fuels, lubricants, and other materials used for construction equipment. During construction of the Proposed Project, contractors would be required to use standard construction safety procedures and controls that would avoid and minimize the potential for accidental release of hazardous substances into the environment. Standard construction BMPs would be observed such that any hazardous materials released are appropriately contained and remediated as required by local, State, and federal law. Conformance with these standards would reduce impacts related to the accidental release of hazardous materials into the environment to a less than significant level. The Proposed Project would not substantially alter any existing land uses on the Project Site, Margarita Road, or within Santa Gertrudis Creek. Therefore, following Project implementation, the trail would continue to operate as it presently does under current conditions, with exception of the new undercrossing beneath Margarita Road. The use of limited amounts of hazardous materials (i.e. maintenance equipment and hand tools, oil, gasoline, solvents, etc.) may be required during periodic maintenance activities, as needed; however, such activities would be temporary and typical of similar activities that currently occur along the trail corridor. The proposed improvements would not result in long-term operational effects related to hazardous materials release. No long-term impacts would occur in this regard. c) Less than Significant Impact. The Project Site is located approximately 0.13 miles west of Big Future Preschool, and approximately 0.23 miles southwest of Chaparral High School. No other schools are located within one -quarter mile from the Site. As stated in Response IX(a), minor quantities of hazardous materials used during Project construction would be subject to existing standard BMPs to ensure that all hazardous materials are stored, transported, used, and disposed of in accordance with federal and State law. Operation of the Project would not involve the routine use of hazardous materials, and periodic trail maintenance would only require the use of limited quantities of potentially hazardous materials on a short-term, temporary basis when needed. Therefore, a less than significant impact would occur. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 53 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Neqative Declaration d) No impact. According to both the State Water Resource Control Board (SWRCB) and the California Department of Toxic Substances Control (DTSC), the Project Site is not included on a list of hazardous materials sites, pursuant to Government Code Section 65962.5 (DTSC 2021; SWRCB 2021). As such, there would be no impact in this regard. e) No impact. French Valley Airport is a Riverside County -owned public -use airport located on State Route (SR) 79, north of Temecula in its sphere of influence, and adjacent to the City of Murrieta's eastern boundary. The Riverside County Airport Land Use Compatibility Plan (ALUCP) establishes policies applicable to land use compatibility planning in the vicinity of airports throughout Riverside County. According to the Riverside County ALUCP, the northern portion of the Project Site is located approximately 2.75 miles southwest of French Valley Airport and is located in Airport Compatibility Zone E, which includes airspace review for objects over 100 feet tall (Riverside County 2004). As a trail improvement project, the Project does not propose the installation of aboveground structures, other than 4-foot high chain -link fencing and wayfinding signage, which are not elevated enough to represent a safety hazard to air traffic. Therefore, no impact would occur. f) Less than Significant Impact. While the Proposed Project would minimally impact traffic flow during the temporary construction period, it would not conflict with or interfere with emergency evacuation of the Project area. Project construction would not substantially interfere with traffic circulation, as emergency access to Margarita Road would be maintained during Project construction. The users of the SGCT and Margarita Road would have improved safety and circulation with the proposed undercrossing. As such, the proposed improvements would enhance Margarita Road's roadway function as a potential emergency evacuation route. No revisions to an adopted emergency plan would be required as a result of the Proposed Project. Impacts in this regard would be less than significant. g) No impact. According to the California Department of Forestry and Fire Protection (CAL FIRE), the Project Site is not located within a Very High Fire Hazard Severity Zone (VHFHSZ) (CAL FIRE 2009). The Project Site is located in an urbanized area with minimal potential for wildland fires. Furthermore, the Project would not construct any habitable structures or propose any uses in which would exacerbate wildfire risk. Consequently, there would be no impact regarding the potential for wildland fires. References California Department of Forestry and Fire Protection (CAL FIRE). 2009. Very High Fire Hazard Severity Zones in LRA as Recommended by CAL FIRE. City of Temecula. December 21, 2009. California Department of Toxic Substances Control (DTSC). 2021. EnviroStor Database Search. Available https://www.envirostor.dtsc.ca.gov/public/, accessed February 1, 2021. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 54 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration California State Water Resources Control Board (SWRCB). 2021. Geotracker Database Search. Available https://geotracker.waterboards.ca.gov/, accessed February 1, 2021. Riverside County Airport Land Use Commission (Riverside County). 2004. Riverside County Airport Land Use Compatibility Plan, Volume 1 Policy Document. Adopted October 14, 2004. Available http://www.rcaluc.org/Portals/13/PDFGeneral/plan/newplan/01- %20Cover%20&%2OTitle%2OPage%2OVol%201.pdf. accessed February 1, 2021. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 5555 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration Hydrology and Water Quality Less Than Potentially Significant with Less Than Significant Mitigation Significant Issues (and Supporting Information Sources): Impact Incorporated Impact No Impact X. HYDROLOGY AND WATER QUALITY — Would the project: a) Violate any water quality standards or waste El El 0 El discharge requirements or otherwise substantially degrade surface or ground water quality? b) Substantially decrease groundwater supplies or El El 0 El interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: i) result in substantial erosion or siltation on- or off - site; ii) substantially increase the rate or amount of El D 0 El surface runoff in a manner which would result in flooding on- or offsite; iii) create or contribute runoff water which would El El 0 El exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or iv) impede or redirect flood flows? 0 El d) In flood hazard, tsunami, or seiche zones, risk release 0 El of pollutants due to project inundation? e) Conflict with or obstruct implementation of a water El El nX El quality control plan or sustainable groundwater management plan? Discussion a) Less than Significant Impact. Surface water quality is subject to federal, State, and local water quality requirements administered and enforced by the U.S. Environmental Protection Agency (USEPA), the California State Water Resources Control Board (SWRCB), and the Regional Water Quality Control Board (RWQCB) with cooperation from each county. The principal law governing pollution of the nation's surface waters is the Clean Water Act (CWA) (formerly the Federal Water Pollution Control Act). Under the CWA, regulatory requirements for industrial and municipal dischargers were set, as well as requirements for states to adopt water quality standards. Furthermore, the City implements its Jurisdictional Runoff Management Plan (JRMP), which describes the City's urban runoff management programs implemented to comply with the requirements of the National Permit Discharge Elimination System (NPDES) MS4 Permit. The City's Storm Water Ordinance (City of Temecula Municipal Code Title 8.28) is also implemented to address water quality and outlines the City's NPDES requirements in accordance with the NPDES MS4 Permit. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 56 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration According to the Water Quality Management Plan (WQMP) that was prepared for the Project (Appendix G), runoff below Santa Margarita Road flows to the north towards Santa Gertrudis Creek. Margarita Road flows are contained in the roadway and directed to an existing catch basin approximately 700 feet north of the existing SGCT. Project implementation would result in ground disturbance from excavation and grading activities, thereby loosening onsite soils and increasing the potential for erosion and sedimentation deposition, as well as polluted runoff from the site, to occur. Water discharge from Project construction may consist of oil and grease, trash, heavy metals, and pathogens, as well as other potential pollutants. These potential discharges can be of concern for development projects, as damage to downstream water bodies can occur. However, the majority of the Project would be constructed within the existing channel wall footprint, and the existing trail which would be removed would be revegetated. Additionally, the Proposed Project is required to comply with the latest adopted NPDES Permit. Compliance with federal, state, and local water quality standards, as well and the implementation of construction BMPs, would prevent impacts to water quality. As such, impacts related to the violation of water quality standards or waste discharge requirements would be less than significant b) Less than Significant Impact. According to the Open Space/Conservation Element of the City's General Plan, the Rancho California Water District (RCWD) supplies most of the domestic and commercial water to Temecula, paid for by user fees (City of Temecula 2005). The City's water supply is drawn from the Murrieta-Temecula groundwater basin and supplemented with imported water from the Metropolitan Water District (MWD). This aquifer is recharged by underflow, surface flow from the creeks in the area, and by direct precipitation in the valley. The General Plan indicates that in 2005, local groundwater provided 35 percent of the City's water supplies, with 26 percent of supplies being provided by local groundwater under future buildout conditions (City of Temecula 2005). Other water sources include reclaimed water and untreated MWD water used for groundwater recharge. Construction of the Project may include use of groundwater for soil compaction and landscaping activities. As such, a portion of the water supply to serve the Project Site would indirectly come from local groundwater reserves. Project implementation would not require an increase in RCWD water supplies that would severely impair groundwater recharge, as construction would only occur for six months. Long-term operation would not have the potential to interfere with groundwater recharge, as the Project would result in 7,241 square feet (sf) of impervious surfaces, which is a 0.72 percent increase from existing conditions (7,189 sf) (Appendix G). As such, groundwater recharge would not be affected as a result of the Proposed Project and impacts would be less than significant. c.i) Less than Significant Impact. As indicated in the WQMP for the Project, existing drainage patterns would be maintained with the Project, and therefore, the Project Site would not disperse runoff to adjacent pervious areas. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 57 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Neqative Declaration Construction impacts that may result in on- or off -site erosion or siltation would be minimized to less than significant levels; refer also to Response VII(b), above. Operational impacts related to siltation or erosion would be minimized to less than significant levels by the development and use of standard stormwater drainage features. Therefore, the Proposed Project is not anticipated to alter the existing drainage pattern of the Project Site and would not result in substantial erosion or siltation on- or off -site. Impacts are considered to be less than significant in this regard. c.ii) Less than Significant Impact. As discussed above in Response X(b) above, the Project would result in minimal alterations of the existing drainage pattern of the Project Site, and would not require the traversing of any streams or rivers. Furthermore, standard BMPs and construction considerations would be required during construction, which would further reduce the potential for flooding on- or off -site. The finished trail undercrossing would consist of a paved surface, and would continue to relay flows to Santa Gertrudis Creek. A less than significant impact related to on- or off -site flooding would occur. c.iii) Less than Significant Impact. The Project Site is located directly south of Santa Gertrudis Creek, which is an ephemeral drainage channel which flows to the Santa Margarita River, which ultimately flows to the Pacific Ocean. Existing flows from the Project Site are conveyed into the channel, which continues to discharge downstream. The Project would be constructed along the channel creek walls, and would be gently sloped to continue to convey discharged flows into the creek. Furthermore, as the Project would only increase the amount of impervious surfaces on the Site by 0.72 percent, runoff into the Santa Gertrudis Creek is not expected to substantially increase. As such, the Project would not create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide additional sources of polluted runoff. Impacts would be less than significant in this regard. c.iv) Less than Significant Impact. According to Figure PS-2, Flood Hazards and Dam Inundation Areas, of the City's General Plan Public Safety Element, the Project Site is located within a 100-year flood zone (City of Temecula 2005). As a trail improvement project, the Project would not involve the development of any new residential housing. Therefore, housing units would not be developed or placed within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map. No impact would occur d) Less than Significant Impact. The Project Site is located approximately 25.3 miles inland from the Pacific Ocean and is divided by the Santa Ana Mountains/Santa Margarita Mountains, which are located to the west and northwest of the Project Site alignment and rise to an elevation of approximately 2,800 feet to 5,689 feet at Santiago Peak. Local large bodies of water, including Lake Skinner (located approximately 5.7 miles to the northeast), Diamond Valley Lake Dam (located approximately 10.0 miles to the northeast), and Vail Lake (located approximately 10.4 miles to the southeast), are also distanced from the Project Site. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 58 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration According to Figure PS-2, Flood Hazards and Dam Inundation Areas, of the City's General Plan Public Safety Element, the Project Site is located within a Dam Inundation Area. While potential accidental release could impact the Project Site, as indicated in the City of Temecula General Plan EIR, incorporation of State and federal regulations, and in conjunction with the City of Temecula Multi -Hazard Functional Plan, such impacts are considered less than significant. As such, with conformance to such measures, Project impacts from flooding as a result of the failure of a levee or dam are considered to be less than significant. e) Less than Significant Impact. As discussed above in Response X(b), the Project overlies the Murrieta-Temecula groundwater basin (Basin), which meets approximately 35 percent of water needs within the City (City of Temecula 2018). Regulating the Basin is the San Diego Regional Water Quality Control Board (RWQCB), which establishes water quality standards to protect waters in the region through implementation of NPDES permits which include waste discharge requirements and the control of point and non - point source pollutants. Under the Proposed Project, construction and operation would be required to conform with all applicable NPDES permits. Furthermore, the Proposed Project would not involve the direct extraction or depletion of groundwater and would not conflict with a sustainable groundwater management plan. As such, the Project would not conflict with or obstruct the implementation of any water quality control plan or groundwater management plan, and impacts would be less than significant. References City of Temecula. 2005. General Plan — Open Space and Conservation Element. Adopted 1993, updated 2005. Available at https://temeculaca.gov/DocumentCenterNiew/287/Open- Space-Conservation-PDF?bidld=, accessed February 3, 2021. City of Temecula. 2005. General Plan — Public Safety Element. Adopted 1993, updated 2005. Available at https://temeculaca.gov/DocumentCenterNiew/288/Public-Safety-PDF?bidld=, accessed February 3, 2021. City of Temecula. 2018. Temecula Jurisdictional Runoff Management Program: Santa Margarita Region. Adopted January 4, 2018. Available at https://temeculaca.gov/DocumentCenterNiew/903/City-of-Temecula-Jurisdictional- Runoff-Management-Plan-2018JRMPPDF?bidld=, accessed February 3, 2021. City of Temecula. 2020. Water Quality Management Plan for PW19-04. Prepared December 10, 2020. Included as Appendix G. Earth Mechanics, Inc. 2021. Foundation Report for Retaining Walls: Santa Gertrudis Creek Phase II, Temecula, California, City Project No. PW19-04. Prepared January 20, 2021. Included as Appendix F. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 59 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration Land Use and Planning Potentially Significant Issues (and Supporting Information Sources): Impact XI. LAND USE AND PLANNING —Would the project: Less Than Significant with Less Than Mitigation Significant Incorporated Impact No Impact a) Physically divide an established community? 0 b) Cause a significant environmental impact due to a El El 0 El conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Discussion a) No Impact. The Project is located along Santa Gertrudis Creek, and consists of demolition of existing pavements, grading, and construction of a new multi -use path with accompanying structural infrastructure, vegetation, and wayfinding signage and striping. The Proposed Project would not result in changes to the Project Site's land use or any surrounding land use. In addition, Project implementation would not introduce a new use within the Project area that would physically divide existing residential uses or cause existing residential uses to be separated from the remaining community. Therefore, no impact would occur regarding the division of an established community. b) Less than Significant Impact. As discussed in Response XI(a), the Project would not result in any land use changes. The Project would be consistent with the City of Temecula General Plan — Circulation Element Goal 5, in that the Project would provide safe and efficient alternatives to motorized travel throughout the City, by providing an undercrossing to the existing Santa Gertrudis Creek Trail which currently maintains a surface -level crossing along Margarita Road (City of Temecula 2005). In addition, the Project would be consistent with the City's Multi -Use Trails and Bikeways Master Plan Update (City of Temecula 2016), which is designed to meet the bicycle goals and policies of the General Plan. Project implementation would benefit alternative transportation opportunities for the community near Margarita Road by providing a trail undercrossing that would improve safety and traffic operations in both the eastbound and westbound directions and along Margarita Road. As discussed in Response IV(f), the Project Site is located outside of MSHCP conserved lands and is not within a criteria cell of the Western Riverside County MSHCP. Therefore, the Project is anticipated to result in a less than significant impact and would not conflict with any land use plan, policy, or regulation. References City of Temecula. 2005. General Plan — Circulation Element. Available at https://temeculaca.gov/DocumentCenterNiew/278/Circulation-PDF?bidld=, accessed February 3, 2021. City of Temecula. 2016. Multi -Use Trails and Bikeways Master Plan. March, 2016. Available at https://issuu.com/ktua/docs/temecula_tbmp_final_lores, accessed February 3, 2021. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 60 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration Mineral Resources Less Than Potentially Significant with Less Than Significant Mitigation Significant Issues (and Supporting Information Sources): Impact Incorporated Impact No Impact XII. MINERAL RESOURCES —Would the project: a) Result in the loss of availability of a known mineral ❑ ❑ ❑ ❑X resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally -important ❑ ❑ ❑X mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Discussion a) No Impact. According to the City's General Plan Open Space/Conservation Element, the State has applied a classification of MRZ-3a in the Temecula Planning Area, which includes the Project Site. MRZ-3 areas contain sedimentary deposits that have the potential to supply sand and gravel for concrete and crushed stone for aggregate; however, based on available data, MRZ-3 areas are not considered to contain deposits of significant economic value (City of Temecula 2005). As a result, Project development would not result in the loss of availability of a known mineral resources that would be of economic value and no impact would occur. b) No Impact. As discussed in Response XII(a), the Project Site does not contain any mineral resources that would be of significant value (City of Temecula 2005). Furthermore, the Project Site has been previously developed with concrete channel walls, which would reduce the potential to mine the Project Site for any locally -important mineral resources. Project implementation would result in additional impervious surfaces and would utilize the Project Site for recreational purposes, where no mineral resources extraction have been planned for the site. As the Project Site is not identified within the City's General Plan to contain known mineral resources of value or be used in the future for extraction of mineral resources, no impact would occur in this regard. References City of Temecula. 2005. General Plan — Open Space and Conservation Element. Adopted 1993, updated 2005. Available at https://temeculaca.gov/DocumentCenterNiew/287/Open- Space-Conservation-PDF?bidld=, accessed February 3, 2021. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 61 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration Noise Less Than Potentially Significant with Less Than Significant Mitigation Significant Issues (and Supporting Information Sources): Impact Incorporated Impact No Impact XIII. NOISE — Would the project result in: a) Generation of a substantial temporary or permanent El El 0 El increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Generation of excessive groundborne vibration or El El 0 El groundborne noise levels? c) For a project located within the vicinity of a private 0 El airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Discussion a) Less than Significant Impact. A project would have a significant effect on the environment related to noise if it would substantially increase the ambient noise levels for adjoining areas or conflict with adopted environmental plans and goals of the community in which it is located. The applicable noise standards governing the Project Site are detailed as follows: Existing Regulations City of Temecula General Plan Noise Element In accordance with the Noise Element of the City's General Plan, a noise exposure of up to 65 dBA Ldn or CNEL exposure is considered to be the most desirable target for the exterior of noise -sensitive land uses or at sensitive receptors such as homes, schools, churches, libraries, hospitals, hotels, motels, etc. It is also recognized that such a level may not always be possible in areas of substantial traffic noise intrusion. In addition, all new residential development in the City would be required to comply with Title 24 standards of the State Health and Safety Code. These standards establish maximum interior noise levels for new residential development, requiring that sufficient insulation be provided to reduce interior ambient noise levels to 45 dBA Ld„ or CNEL or less. The City of Temecula General Plan Noise Element contains various goals and policies to address citywide noise issues. The following are relevant to the Project: Goal 1: Separate significant noise generators from sensitive receptors. Policy 1.2: Limit the hours of construction activity next to residential areas to reduce noise intrusion in the early morning, late evening, weekends and holidays. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 62 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration City of Temecula Noise Control Ordinance Section 9.20.060 of the City of Temecula Municipal Code specifies that no person shall engage in or conduct construction activity, when the construction site is within one - quarter mile of an occupied residence, between the hours of 6:30 PM and 7:00 AM, Monday through Friday, and shall only engage in or conduct construction activity between the hours of 7:00 AM and 6:30 PM on Saturday. Further, no construction activity shall be undertaken on Sunday and nationally recognized holidays. The City Council may, by formal action, exempt projects from the provisions of this chapter. Sensitive Land Uses Some land uses are considered more sensitive to noise than others due to the types of activities typically involved at the receptor location and effect that noise can have on those activities and the persons engaged in them. According to the City of Temecula General Plan Noise Element, sensitive receptors include residential uses and schools. The Project Site is located within a residential and commercial area. Sensitive land uses within one -quarter mile of the Project Site includes residential to the west and east and Chaparral High School to the northeast. Construction Project construction consists of demolition of existing pavements, grading, and construction of a new multi -use path with accompanying structural infrastructure, vegetation, and wayfinding signage and striping. Project construction would generate noise from the daytime operation of construction equipment. A list of the construction equipment that would be used during each phase of construction is provided in Table 5. The noise from construction equipment would generate both steady-state and episodic noise that could be heard within and adjacent to the Project Site. Construction noise levels fluctuate throughout a given workday as construction equipment move from one location to another within a project site. When construction equipment would be in use further away from a sensitive receptor location, construction noise levels would be lower than the calculated values provided herein, which assumes construction equipment would be in use nearest to a sensitive receptor location. Exposure to fluctuating construction noise levels that would at times be lower than the noise levels shown in the analysis below would not rise to the level (greater than 120 dBA) that would result in hearing loss or adverse health impacts. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 63 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration TABLE 5 CONSTRUCTION EQUIPMENT Construction Phase Equipment No. of Pieces of Equipment Concrete/Industrial Saw 1 Demolition Rubber Tired Dozers 1 Tractors/Loaders/Backhoes 2 Concrete/Industrial Saw 1 Grading Rubber Tired Dozers 1 Tractors/Loaders/Backhoes 2 Crane 1 Building Construction Forklift 2 Tractors/Loaders/Backhoes 2 Striping Air Compressors 1 SOURCE: CalEEMod 2021 Individual pieces of construction equipment that would be used for construction of the Project produce maximum noise levels of 75 dBA to 90 dBA at a reference distance of 50 feet from the noise source, as shown in Table 6. The construction equipment noise levels at 50 feet distance (Referenced Maximum Noise Levels) are based on the FHWA RCNM (Federal Highway Administration Roadway Construction Noise Model) User's Guide, which is a technical report containing actual measured noise data for construction equipment (FHWA 2006). TABLE 6 CONSTRUCTION EQUIPMENT NOISE REFERENCE LEVELS AND USAGE FACTORS Type of Equipment Acoustical Usage Factor' (%) Reference Maximum Noise Levels at 50 Feet,ae Lmax (dBA) Backhoe 40 78 Concrete Saw 20 90 Forklift 10 75 Crane 16 81 Dozer 40 82 Front End Loader 40 80 Air Compressor 50 78 Tractor 40 84 NOTES: a The usage factor is the percentage of time during a construction noise operation that a piece of construction is operating at full power. b Construction equipment noise levels are based on the FHWA RCNM. SOURCE: FHWA, Roadway Construction Noise Model User's Guide, 2006, Table 1. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 64 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration These maximum noise levels would occur when equipment is operating under full power conditions (i.e., the equipment engine at maximum speed). However, equipment used on construction sites often operates under less than full power conditions or part power. To more accurately characterize construction -period noise levels, the average (hourly Leq) noise level associated with each construction phase is calculated based on the quantity, type, and usage factors for each type of equipment that would be used during each construction phase.2 These noise levels are typically associated with multiple pieces of equipment operating simultaneously. The nearest sensitive receptors are residential uses located approximately 200 feet west of the Project Site. Table 7 lists the potential construction noise levels at 200 feet from the active construction sources, factoring in the number and type of construction equipment that would be in operation during the same period of time, and their individual utilization factors. TABLE 7 CONSTRUCTION NOISE IN DIFFERENT PHASES Noise Level at 200 feet from Active Construction Phase Construction Area, dBA Leq Demolition 75 Grading 75 Building Construction 72 Striping 63 SOURCE: ESA 2021. Table 7 shows that during each construction phase, depending on the number of pieces of construction equipment and individual utilization factor, the noise level at a distance of 200 feet from an active construction area on the Project Site ranges from 63 to 75 dBA Leq. This scenario assumed that the equipment listed during each construction phase would be operating during the same period of time (with individual utilization factor included) and is located in close range that can be viewed as a point source from a distance of 200 feet. In reality, it is not practical to have all these pieces of equipment operating in a small area at the same time when considering the terrain variation. It is assumed this way to obtain the worst -case possible noise exposure for receivers in the Project vicinity. If the equipment is spread out over the entire Project Site, even though some pieces of equipment may be closer to an adjacent receiver, other pieces of equipment would be located at a longer distance from the same receiver, and the overall combined noise level would not be greater than the one estimated using the worst -case scenario. Pursuant to Section 9.20.060 of the City of Temecula Municipal Code, construction activity within one -quarter mule of an occupied residence is prohibited between the hours 2 Pursuant to the FHWA Roadway Construction Noise Model User's Guide, 2005, the usage factor is the percentage of time during a construction noise operation that a piece of construction is operating at full power. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 65 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Neqative Declaration of 6:30 p.m. and 7:00 a.m., Monday through Friday and 6:30 p.m. and 7:00 a.m. on Saturdays and during all ours on Sundays and nationally recognized holidays. The Proposed Project would comply with the permitted construction hours as identified in the City of Temecula Municipal Code Section 9.20.060. In addition, standard construction best practices would occur related to equipment noise, including, but not limited to, the following: Equipment would use available noise suppression devices and properly maintained mufflers. Construction noise would be reduced by using quiet or "new technology," equipment, particularly the quieting of exhaust noises by use of improved mufflers where feasible. All internal combustion engines used at the Project Site would be equipped with the type of muffler recommended by the vehicle manufacturer. In addition, all equipment would be maintained in good mechanical condition so as to minimize noise created by faulty or poorly maintained engine, drive -train and other components. • During all demolition, grading, and construction, contractors would minimize the staging of construction equipment and unnecessary idling of equipment in the vicinity of noise sensitive land uses. • The equipment staging area would be situated so as to provide the greatest distance separation between construction -related noise sources and noise -sensitive receptors nearest the Project Site during all Project construction Because construction of the Proposed Project would be temporary and short term, and construction noise would not rise to a level that would cause harm (120 dB), there would be no impacts related to significant construction noise. Operation Operation of the Proposed Project would not generate any substantial noise. The Proposed Project would realign the SGCT to use a new undercrossing below Margarita Road as well as construct associated infrastructure. Therefore, operational noise would be similar to what the existing trail generates. Long term operational noise impacts associated with the Proposed Project would be less than significant. b) Less than Significant Impact. The amount of construction and demolition required for the Proposed Project is not anticipated to generate excessive groundbome vibrations or noise levels. Additionally, this Project does not include pile driving activities, therefore, ground borne vibration is not expected to occur. Due to the temporary nature of construction activities, impacts in this regard are considered to be less than significant. c) Less than Significant Impact. The Project Site is not located within the vicinity of a private airstrip or an airport land use plan or within two miles of a public airport or public use airport. The Project would not expose people residing or working in the project area to excessive noise levels related to airports. Therefore, this impact is less than significant. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 66 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration References City of Temecula. 2005. General Plan — Noise Element. City of Temecula Municipal Code, Chapter 9.20 Noise United States Department of Labor, Occupational Safety and Health Administration, Occupational Safety and Health Standards Part 1910, Standard 1910.95. Available Online: https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.95, accessed October 2020. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 67 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration Population and Housing Potentially Significant Issues (and Supporting Information Sources): Impact XIV. POPULATION AND HOUSING — Would the project: Less Than Significant with Less Than Mitigation Significant Incorporated Impact No Impact a) Induce substantial unplanned population growth in an El El F70 area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing people or 0 housing, necessitating the construction of replacement housing elsewhere? Discussion a, b) No Impact. Implementation the Proposed Project would not directly induce population growth as no housing or new businesses are proposed. In addition, the Proposed Project would not add a new road or expand roadway capacity, and would not indirectly induce population growth. Construction of the Project would occur beneath a currently developed roadway, which maintains an existing trail crossing, and would not require land acquisition of any residences or habitable structures. As such, the Project would not directly or indirectly induce population growth or result in the displacement of residents or housing. No impact to population and housing would occur. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 68 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration Public Services Potentially Significant Issues (and Supporting Information Sources): Impact XV. PUBLIC SERVICES — a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? v) Other public facilities? Discussion Less Than Significant with Less Than Mitigation Significant Incorporated Impact No Impact ❑ ❑ ❑ ❑X ❑ ❑ ❑ X ❑ ❑ ❑ X ❑ ❑ ❑ X ❑ ❑ ❑ 0 a.i) No Impact. With Project implementation the Project Site would continue to be served by the Riverside County Fire Department (RCFD), which maintains a mutual service agreement with the City of Temecula (RCFD 2021). The nearest RCFD Station is located approximately 1.5 miles southwest of the Project Site at 27415 Enterprise Circle West. The Proposed Project would be constructed in accordance with local and State fire codes. In addition, emergency access would continue to be provided during construction of the Project. The Project would not induce population growth, and thus demand for fire protection services would not increase. As such, no impacts would occur regarding the need for new or improved fire protection services. a.ii) No Impact. Law enforcement and police protection are provided by the City of Temecula Police Department (TPD), which has two storefront police stations (Old Town Temecula and Promenade Mall). The closest TPD station to the Project Site is the Promenade Mall location, which is located approximately 0.6 miles southwest of the Project Site. The Proposed Project would not induce population growth, and thus demand for police protection services would not increase. Additionally, the Project would not include any road closures in which may interfere with emergency access on local roadways. Existing emergency access would continue to be maintained. As such, no impact would occur related to police protection services as a result of the Proposed Project. a.iii) No Impact. The Project would involve the construction of an undercrossing beneath Margarita Road, and would continue to serve the community as a shared -use trail. The Project would not result in the addition of any residential housing or employment Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 69 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Neqative Declaration facilities that would increase the number of school -age children. Therefore, the Project would not result in the need for new or expanded schools, and no impact would occur. a.iv) No Impact. Implementation of the Project would realign the SGCT to use a new undercrossing below Margarita Road as well as construct associated infrastructure. While these improvements would improve pedestrian and bicycle safety at the Project Site, implementation of the Project would not improve connectivity to nearby parks compared to existing conditions as the SGCT overall would remain relatively unchanged. The Proposed Project does not include any new connections to other pedestrian and/or bicycle lanes or facilities and would not cause an increase in park usage within the City. Moreover, the Project does not have the potential to induce population growth, either directly or indirectly, and as such would not require additional parkland or parks be provided in the community. For these reasons, no impact to parks and parklands would occur. a.v) No Impact. Other public facilities would not be affected by the Project, as the Project would not directly or indirectly induce population growth. The Project would increase general circulation and bike access throughout the Project area. Therefore, the Project would have no impact associated with the provision of new or expanded public facilities. References City of Temecula Police Department (TPD). 2021. Temecula Police Department — webpage. Available at https://temeculaca.gov/196/Police, accessed February 3, 2021. Riverside County Fire Department (RCFD). 2021. Riverside County Fire Department Service Area — webpage. Available at http://www.rvcfire.org/ourDepartment/ServiceArea/Pages/default.aspx, accessed February 3, 2021. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 70 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration Recreation Less Than Potentially Significant with Less Than Significant Mitigation Significant Issues (and Supporting Information Sources): Impact Incorporated Impact No Impact XVI. RECREATION — a) Would the project increase the use of existing ❑ ❑ ❑X ❑ neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or ❑ ❑ ❑X ❑ require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Discussion a) Less than Significant Impact. As shown in Figure 2, the Project Site is located near multiple parks in the City, including the Harveston Lake Park, which is 0.6 miles northwest of the Project Site. As stated in Response XV(a.iv), the Project would realign the SGCT to use a new undercrossing below Margarita Road as well as construct associated infrastructure. While these improvements would improve pedestrian and bicycle safety at the Project Site, implementation of the Project would not improve connectivity to nearby parks compared to existing conditions as the SGCT overall would remain relatively unchanged. The Proposed Project does not include any new connections to other pedestrian and/or bicycle lanes or facilities and would not cause an increase in park usage within the City. Additionally, the Project is intended to serve the surrounding local neighborhood, and is not anticipated to draw a substantial number of new park users to local parks near the Project Site from outside of the community. Therefore, the Proposed Project would not result in a substantial physical deterioration of existing parks or recreational facilities and impacts would be less than significant. b) Less than Significant Impact. While the Project includes recreational facilities and related components such facilities are intended to increase multi -modal transportation, connectivity, and safety. Although the Project is considered an expansion of transportation infrastructure, the shared -use pathway improvements and undercrossing would also be used for recreational purposes. Since the Proposed Project would realign the existing SGCT to use the new undercrossing at Margarita Road, no new recreational facility would be created with Project implementation. Furthermore, the Project would not induce population growth in the City and therefore would not necessitate the need for new recreational facilities to be built. Since the Project would improve an existing recreational facility, construction and operational impacts associated with Project development have been considered throughout the discussion of environmental impacts in this document. Therefore, with implementation of the mitigation measures listed in this document, the Proposed Project would have a less than significant physical effect on the environment. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 71 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration Transportation Less Than Potentially Significant with Less Than Significant Mitigation Significant Issues (and Supporting Information Sources): Impact Incorporated Impact No Impact XVII. TRANSPORTATION — Would the project a) Conflict with a program plan, ordinance or policy ❑ ❑ ❑X ❑ addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? b) Would the project conflict or be inconsistent with CEQA ❑X Guidelines section 15064.3, subdivision (b)? c) Substantially increase hazards due to a geometric 0 design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? d) Result in inadequate emergency access? ❑ ❑ 0 ❑ Discussion a) Less than Significant Impact. The Project Site extends for 610 feet beneath Margarita Road and parallel to the Santa Gertrudis Creek, near the intersection of the existing SGCT. Regional access to the Project Site is provided by SR-79. Local access to the Project Site is currently provided via ramps on either side of Margarita Road accessible by pedestrians, bicyclists, and equestrians only. Construction is expected to occur from 7:00 a.m. to 4:30 p.m., Monday through Friday, and would comply with the City of Temecula Municipal Code (Section 9.20.060) limits regarding construction activity. No nighttime construction would occur. Construction of the Proposed Project is scheduled to begin in 2021 and would last approximately six months. Based on the assumptions for the Air Quality analysis (see Section III), maximum traffic loading conditions construction of the Proposed Project would generate a maximum of 4 round-trip construction haul trips and 10 round-trip worker trips. This peak would occur during the trail and retaining wall construction phase over the course of 90 days. Local Roadways During the construction period, construction vehicles would use the roadways that surround the Project Site to deliver materials and haul waste. Workers' vehicles and construction vehicles could access the site from the above -mentioned local streets. Roadway users could experience temporary delays from material deliveries, but these delays would be both brief and infrequent. Therefore, they would not affect overall traffic circulation in the Project vicinity. Construction staging would occur on -site and would not affect traffic operations on adjacent roadways. Construction of the Project would not impede on non -motorized travel or public transportation in the Project vicinity. The Proposed Project would, however, require temporary trail closures while the existing SGCT is being demolished and constructed, including temporary traffic control measures that would direct trail users to alternative routes. However, any delays would be temporary and not considered to be significant. Temporary traffic control during Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 72 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration construction would be implemented in accordance with encroachment and construction permits from the City of Temecula. As proposed, the Project would not conflict with any applicable plans, ordinances, or policies establishing measures for the effectiveness of the performance of the circulation system, such as the Temecula General Plan and the Temecula Multi -Use Trails and Bikeways Master Plan, in that the Project would provide similar trail operations with increased multi -modal function within an identified transit corridor. Since the Proposed Project would construct new alternative transportation facilities and would not generate any new vehicle trips, a traffic impact analysis is not warranted. Therefore, the Proposed Project would not substantially degrade traffic operations or roadways in the Project vicinity, nor would it impede non -motorized travel or public transportation. As such, impacts would be less than significant. Transit, Bicycle, and Pedestrian Facilities Public transportation in the City of Temecula is provided by Riverside Transit Agency bus service and Greyhound bus service. RTA route 61 is located along Margarita Road from the Perris Station Transit Center to Promenade Mall. The nearest stop is 0.05 miles south of the Project Site (RTA 2021). Greyhound does not operate any bus lines near the Project Site. Class II bike lanes are provided in both travel directions along Margarita Road. In addition, SGCT ramps on either side of Margarita Road accessible by pedestrians, bicyclists, and equestrians only are located south of the overpass along Margarita Road. The Proposed Project would replace the existing ramps south of the Margarita Road overpass, and would construct 610 feet of a shared bicycle/trail undercrossing beneath the overpass. Margarita Road is a heavily traveled four -lane divided collector roadway, and has two lanes of traffic in each direction, a partially -landscaped median, and Class 11 bike lanes and sidewalks on both sides. The proposed undercrossing would begin where the ramps begin to elevate to meet the grade of the existing overcrossing. The proposed upgrades to the trail network would be consistent with the City of Temecula's Multi -Use Trails and Bikeways Master Plan, adopted March 2016, to guide the City's future trail and bicycle facility implementation and provide an enhanced connection through the SGCT. Furthermore, as shown on Figure 8 and Figure 9 of the City's Multi -Use Trails and Bikeways Master Plan Update, the existing overcrossing is a localized hotspot for both bicycle and pedestrian collisions. The undercrossing would improve safety at this location by removing the need for existing at -grade roadway crossing for the trail, which would reduce the occurrence of collisions at this trail segment. Construction of the Project would be temporary and last for approximately six months. The Project would not alter any public or emergency access along Margarita Road, nor would the Project result in any alterations of the roadway design, in which may affect transit operations. The Proposed Project would not directly or indirectly eliminate Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 73 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Neqative Declaration alternative transportation corridors or facilities (e.g., bus stops). In addition, the Proposed Project would not preclude increased alternative transportation services. Therefore, the Proposed Project would not conflict with adopted policies, plans, or programs supporting alternative transportation. As mentioned above, the Proposed Project would not impede non -motorized travel or public transportation in the Project vicinity; it would not decrease the performance or safety of such facilities. As a result, impacts would be less than significant. b) Less than Significant Impact. Approved in 2013, Senate Bill (SB) 743 amended the CEQA Guidelines to provide an alternative to level of service (LOS) for evaluating transportation impacts. In accordance with Senate Bill (SB) 743, the new CEQA Guidelines Section 15064.3, subdivision (b) was adopted in December 2018 by the California Natural Resources Agency. These revisions to the CEQA Guidelines criteria for determining the significance of transportation impacts are primarily focused on projects within transit priority areas and shift the focus from automobile delay to reduction of greenhouse gas emissions, creation of multimodal networks, and promotion of a mix of land uses. Automobile delay, as measured by LOS and other similar metrics, generally no longer constitutes a significant environmental effect under CEQA. The Governor's Office of Planning and Research (OPR) has proposed changes to the CEQA Guidelines that identify vehicle miles traveled (VMT) as the most appropriate metric to evaluate a project's transportation impacts. VMT is a measure of the total number of miles driven to or from a development and is sometimes expressed as an average per trip or per person. Section 15064.3, subdivision (b) states that transportation projects that reduce, or have no impact on, VMT should be presumed to cause a less -than -significant transportation impact. The City of Temecula City Council adopted the City's VMT Guidelines on May 26, 2020 (Resolution No. 2020-33). The City's VMT Guidelines includes OPR's CEQA Technical Advisory (pages 20-21), which is a complete list of transportation projects that: "would likely not lead to a substantial or measurable increase in vehicle travel, and therefore generally should not require an induced travel analysis. " Included in the list of exempt projects are the addition of Class I bike paths, trails, multi- use paths, or other off -road facilities that serve nonmotorized travel. Since the Proposed Project is an alternative transportation project that would not generate any new vehicle trips, there would be no increase in VMT. Therefore, impacts would be less than significant. c) Less than Significant Impact. An impact would occur if the Project substantially increases roadway hazards due to a geometric design feature or the introduction of incompatible uses (i.e., farming equipment). The Proposed Project would not include any alterations of existing roadway features (e.g., road realignment) or introduce any new driveways that would create hazardous conditions. On the contrary, the Proposed Project would remove the existing pedestrian and bicycle overcrossing of Margarita Road and Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 74 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration construct a new undercrossing under Margarita Road to provide users of the SGCT a safer option to cross that roadway. Project implementation would create new visual and physical barriers separating pedestrians and bicyclists from vehicular traffic by removing the need to use the roadway and allowing users to use new shared -use pathway, thereby reducing hazards for bicyclists and vehicles. These facility improvements would be constructed without requiring any changes to vehicle travel lanes (e.g., number of lanes, lane widths, turn restrictions) that could affect hazardous conditions for drivers. Therefore, impacts would be less than significant. d) Less than Significant Impact. A significant impact would occur if the design of the Proposed Project would not satisfy local emergency access requirements. The Proposed Project would not include any alterations of existing roadway features (e.g., road realignment) that would create a permanent change to access for emergency vehicles. During construction of the Project, heavy construction -related vehicles could interfere with emergency response (e.g., slowing vehicles traveling behind trucks) in the Project area. However, such delays would be infrequent and brief as truck drivers are required to pull over to allow an emergency vehicle on -call to pass, and contract specifications for the Proposed Project would ensure that emergency vehicle access on area roadways would be maintained at all times. As such, inadequate emergency access would not occur as a result of Project construction or operation, and impacts would be less than significant. References Riverside Transit Authority (RTA). 2021. Route 61 Perris Station Transit Center — Sun City — Menifee — Murrieta — Temecula: schedule and map. January 10, 2021. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 75 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration Tribal Cultural Resources Potentially Significant Issues (and Supporting Information Sources): Impact XVIII. TRIBAL CULTURAL RESOURCES — a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: Less Than Significant with Less Than Mitigation Significant Incorporated Impact No Impact i) Listed or eligible for listing in the California 0 Register of Historical Resources, or in a local register of historical resources as defined in Public Resources. Code Section 5020.1(k), or ii) A resource determined by the lead agency, in its 0 discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. Discussion The following discussion is based on the results of a Sacred Lands File (SLF) search conducted by the California Native American Heritage Commission (NAHC), as well as the City's Assembly Bill 52 (AB 52) government -to -government consultation efforts. a.i) No Impact. The NAHC maintains the confidential SLF, which contains sites of traditional, cultural, or religious value to the Native American community. The NAHC was contacted on December 8, 2020 to request a search of the SLF. The NAHC responded to the request in a letter dated December 28, 2020. The results of the SLF search conducted by the NAHC indicate that Native American cultural resources are located within the Project area or its vicinity. The NAHC did not provide further details regarding the resources, but recommended the Pechanga Band of Luiseno Indians be contacted for more information. Pursuant to AB 52, the County contacted five California Native Tribes who have previously requested in writing to be informed by the City through formal notification of proposed projects within the geographic area in which the tribe is traditionally and culturally affiliated. The five tribes include the Agua Caliente Band of Cahuilla Indians, the Pechanga Band of Luiseno Indians, the Rincon Band of Luiseno Indians, the Soboba Band of Luiseno Indians, and the Torres Martinez Desert Cahuilla Indians. The City sent notification letters to individuals associated with the five tribes on February 24, 2021. The letters included a Project description as well as a figure depicting the Project's location. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 76 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration Three tribal groups have responded to the City's outreach letters including the Agua Caliente Band of Cahuilla Indians, the Rincon Band of Luiseno Indians, and the Pechanga Band of Luiseno Indians. In an email dated March 11, 2021, Arysa Gonzalez Romero, Historic Preservation Technician for the Agua Caliente Band of Cahuilla Indians, stated the Project is outside Agua Caliente's Traditional Use Area and they defer to tribal groups in closer proximity to the Project area. In a letter dated March 10, 2021, Cheryl Madrigal, Tribal Historic Preservation Officer for the Rincon Band of Luiseno Indians, stated the Project area is located within Rincon's Area of Historic Interest and requested documents pertaining to the Project such as the cultural resources assessment report, shape files, archaeological record search results, geotechnical reports, and grading plans. Ms. Madrigal also stated that Rincon would like to consult following review of the provided materials. On September 15, 2021, the cultural resources assessment report was provided to Ms. Madrigal for review and comment. In a letter dated November 15, 2021, Ms. Madrigal responded to the City stating that the provided documents were reviewed, and that Rincon was in agreement with the proposed mitigation measures regarding cultural resources. In the letter, Ms. Madrigal stated that Rincon has no further comments on the Project and defers any future consultation regarding the mitigation measures to the Pechanga Band of Luiseno Indians. In an email dated, March 19, 2021, Juan Ochoa, Assistant Tribal Historic Preservation Officer for the Pechanga Band of Luiseno Indians, requesting to engage with the City in AB 52 consultation regarding the Project. Mr. Ochoa also requested the Tribe be added to distribution lists for public notices and circulation of all documents, including environmental review documents, archaeological reports, development plans, conceptual grading plans if available, and all other applicable documents pertaining to this Project. Mr. Ochoa also requested Pechanga be directly notified of all public hearings and scheduled approvals concerning the Project, and that these comments be incorporated into the record of approval for the Project. On May 25, 2021, the City provided a draft of the cultural resources assessment report prepared for the Project to Mr. Ochoa. On August 26, 2021, the Mr. Ochoa returned the report with comments, that were addressed and incorporated into a second draft of the report. The City provided Mr. Ochoa with the second draft of the report September 8, 2021. Upon receipt of the report, Ebru Ozdil, cultural analyst for the Pechanga, requested that construction monitoring be incorporated as a mitigation measure based on the discovery or cultural resources along other segments of Santa Gertrudis Creek as part of other projects. Per Ms. Ozdil's request construction monitoring has been incorporated as Mitigation Measure CUL-3 in Response V(a), Cultural Resources, of this document. In an email dated December 30, 2021, Molly Earp, Cultural Planning Specialist for the Pechanga Cultural Resources Department, requested that Mitigation Measure CUL-4 regarding inadvertent discovery protocols be updated to include the wording preferred by Pechanga for such mitigation. Based on Ms. Earp's request, Mitigation Measure CUL-4 was updated accordingly. Ms. Earp also stated that aside from the requested changed to the mitigation measure, Pechanga has no further comments. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 77 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Neqative Declaration Based on the City's AB 52 consultation efforts with the Pechanga Band of Mission Indians and the Rincon Band of Luiseno Indians, no tribal cultural resources were identified within the Project area. Therefore, no tribal cultural resources that are listed in or eligible for listing in the California Register, or in a local register of historical resources as defined in PRC Section 5020.1(k) would be impacted by Project implementation. No impact would occur. Although no tribal cultural resources were identified as a result of the consultation, the Pechanga Band of Mission Indians considers the Project area to be sensitive for the presence of subsurface cultural items. As such, Mitigation Measures CUL-3, which includes archaeological and Native American monitoring would be implemented during Project construction per Pechanga's request. a.ii) No Impact. As noted above in Response XVIII(a.i), no tribal cultural resources were identified as a result of the consultation with the Pechanga Band of Mission Indians and the Rincon Band of Luiseno Indians. Therefore, no tribal cultural resources that have been determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of PRC Section 5024.1, would be impacted by Project implementation. No impact would occur. Although no tribal cultural resources were identified as a result of the consultation, the Pechanga Band of Mission Indians considers the Project area to be sensitive for the presence of subsurface cultural items. As such, Mitigation Measures CUL-3, which includes archaeological and Native American monitoring would be implemented during Project construction per Pechanga's request. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 78 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration Utilities and Service Systems Less Than Potentially Significant with Less Than Significant Mitigation Significant Issues (and Supporting Information Sources): Impact Incorporated Impact No Impact XIX. UTILITIES AND SERVICE SYSTEMS — Would the project: a) Require or result in the relocation or construction of ❑ ❑ ❑X ❑ new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? b) Have sufficient water supplies available to serve the ❑ ❑ 0 ❑ project and reasonably foreseeable future development during normal, dry and multiple dry years? c) Result in a determination by the wastewater treatment ❑ ❑ F1❑X provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? d) Generate solid waste in excess of State or local ❑ ❑ 0 ❑ standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? e) Comply with federal, state, and local management ❑ ❑ 0 ❑ and reduction statutes and regulations related to solid waste? Discussion a) Less than Significant Impact. Water for construction along the affected segment of the Project Site would continue to be provided by RCWD and would be served by direct connection to existing water lines. Wastewater services for the Project area are currently provided by the Eastern Municipal Water District (EMWD). Due to the nature of the Project, implementation would not increase wastewater production or require the construction of new water or wastewater treatment facilities or the expansion of existing facilities. The Project would protect -in -place gas and water lines beneath the existing channel, and may require the relocation of utility lines (including a 20-inch waterline owned by RCWD that would be relocated a maximum of 23-feet to the east of the proposed anchor wall); however, these activities are considered minor and routine in scope. Ground disturbance associated with the relocation of utility lines (including the waterline relocation) is analyzed throughout this environmental document. With implementation of mitigation measures within this document, construction impacts associated with proposed utility relocation would be less than significant. Therefore, the Project would not result in the relocation of new or expanded utility or telecommunications facilities, the construction or relocation of which could cause significant environmental effects. Impacts would be less than significant. b) Less than Significant Impact. As discussed in Response X, above, the Project would be served by RCWD, which encompasses approximately 99,000 acres. The City's water supply is drawn from the Murrieta-Temecula groundwater basin and supplemented with Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 79 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Neqative Declaration imported water from the MWD. This aquifer is recharged by underflow, surface flow from the creeks in the area, and by direct precipitation in the valley (RCWD 2016). RCWD's Urban Water Management Plan indicates that approximately 25 to 40 percent of the RCWD's total water supply consists of groundwater, while imported water has supplied 60 to 70 percent of the RCWD's water. As documented in the UWMP, the RCWD supplied a total of 60,079 AFY. RCWD has anticipated that water supply is anticipated to increase to 106,986 AFY by 2040 (RCWD 2016). The available supplies and water demands for the RCWD's water service area were analyzed in the UWMP to assess the District's ability to satisfy demands during three hydrologic scenarios: a normal water year, single -dry water year, and multiple -dry water years. DWR has interpreted "multiple -dry years" to mean three dry years; however, the RCWD has elected to include a fourth dry year as well. It is expected that the RCWD will be able to meet 100% of its demand under every hydrologic scenario (RCWD 2016). Project activities that would require the use of water include use for dust control and irrigation. Project construction would not be anticipated to use substantial amounts of water which would affect water supplies for normal, dry, or multiple dry years. After construction, the Project would operate with similar conditions to existing conditions. As such, impacts regarding water supply would be less than significant. c) No Impact. The Proposed Project would not result in the need for the construction of new or expanded wastewater treatment facilities because no wastewater would be generated. The Proposed Project is an alternative transportation project that would not generate sanitary sewer flows. As such, because the Project would not generate any wastewater, no impact would occur related to requiring additional wastewater treatment facilities. d, e) Less than Significant Impact. Project construction may require some demolition/excavation of existing materials and soils, which would necessitate solid waste hauling. All excavation and construction debris would be required to demonstrate compliance with all federal, State, and local statutes and regulations related to solid waste, including the 50 percent diversion of solid waste requirement pursuant to the California Integrated Waste Management Act of 1989 (AB 939). Pursuant to AB 939, the City has prepared a Source Reduction and Recycling Element (SSRE) and implements the Element to ensure that the City's solid waste reduction goals continue to be met. The Project would be required to comply with such goals stipulated under the City's SRRE for diverting solid waste, as applicable. Project construction would also be subject to the solid waste disposal goals and policies identified under the General Plan Growth Management/Public Facilities Element. Project conformance with AB 939, along with the City's SRRE and General Plan goals and policies, would reduce the Project's potential to generate solid waste and ensure proper solid waste disposal. Therefore, a less than significant impact would occur in regard to solid waste. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 80 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration References City of Temecula. 2005. General Plan — Growth Management/Public Facilities Element. Adopted 1993, updated 2005. Available at https://temeculaca.gov/DocumentCenterNiew/282/Growth-Management-Public-Facilities- PDF, accessed February 3, 2021. Rancho California Water District (RCWD). 2016. 2015 Urban Water Management Plan. Adopted June 2016. Available at https://www.ranchowater.com/DocumentCenterNiew/2023/2015- UWMP---June-2016?bidId=, accessed February 3, 2021. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 81 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration Wildfire Potentially Significant Issues (and Supporting Information Sources): Impact XX. WILDFIRE — If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project: Less Than Significant with Less Than Mitigation Significant Incorporated Impact No Impact a) Substantially impair an adopted emergency response ❑ ❑ ❑X ❑ plan or emergency evacuation plan? b) Due to slope, prevailing winds, and other factors, ❑ ❑ 0 ❑ exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? c) Require the installation or maintenance of associated ❑ ❑ 0 ❑ infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d) Expose people or structures to significant risks, ❑ ❑ 0 ❑ including downslope or downstream flooding or landslides, as a result of runoff, post -fire slope instability, or drainage changes? Discussion a) Less than Significant Impact. As discussed in Response XVII(d) above, the Proposed Project would not include any alterations of existing roadway features (e.g., road realignment) that would create a permanent change to access for emergency vehicles. During construction of the Project, heavy construction -related vehicles could interfere with emergency response (e.g., slowing vehicles traveling behind trucks) in the Project area. However, such delays would be infrequent and brief as truck drivers are required to pull over to allow an emergency vehicle on -call to pass, and contract specifications for the Proposed Project would ensure that emergency vehicle access on area roadways would be maintained at all times. No revisions to an adopted emergency plan would be required as a result of the Project. Impacts in this regard would be less than significant. b) Less than Significant Impact. While the Project Site is located in an urbanized area, construction activities have the potential to increase the risk of fire ignition due to presences of typical construction fuels and solvents. However, the Project is unlikely to exacerbate wildfire risks because vegetation along the Project Site is minimal and is limited to trees and landscaping. Additionally, according to CAL FIRE, the Project Site is approximately 1.3 miles southeast of the nearest Very High Fire Hazard Severity Zone (CAL FIRE 2021). The Project is located in an area of slope, but is below the surrounding ground surface, which would limit Santa Ana wind conditions. The Project would be required to comply with federal, State and local development regulations that minimize the risk of fire hazards. Implementation of the Proposed Project would not exacerbate wildfire risks and would not expose Project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire. Impacts are considered less than significant. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 82 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration c) Less than Significant Impact. The Project is located within, and surrounded by, existing urban development. The Project would include installation and maintenance of a trail undercrossing, which would improve pedestrian and bicyclist safety near the intersection of Margarita Road. Construction activities have the potential to increase the risk of fire ignition, but the Project is unlikely to exacerbate wildfire risks because vegetation along the Project Site is minimal and is limited to trees and landscaping. During operation, the Project would receive scheduled inspections and maintenance. These activities would have minimal environmental impacts and are not expected to exacerbate fire risk in the area. Therefore, impacts would be less than significant. d) Less than Significant Impact. The Proposed Project involves the construction of a shared -use pathway and undercrossing and would not involve the construction or operation of habitable structures. While workers would temporarily be present at the project site during construction, they would not be subject to undue risks associated with flooding or landslides. In addition, the long-term operation of project would not cause or exacerbate flooding or landslides hazards. Therefore, impacts involving the exposure of people or structures to significant risks from flooding or landslides as a result of runoff, post -fire slope instability, and/or drainage changes would be less than significant. References California Department of Forestry and Fire Protection (CAL FIRE). 2021. California Fire Hazard Severity Zone Viewer — Webpage. Available at https://gis.data.ca.gov/datasets/789d5286736248f69c4515cO4f58f4l4, accessed February 3, 2021. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 83 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration Mandatory Findings of Significance Less Than Potentially Significant with Less Than Significant Mitigation Significant Issues (and Supporting Information Sources): Impact Incorporated Impact No Impact XXI. MANDATORY FINDINGS OF SIGNIFICANCE — a) Does the project have the potential to substantially ❑ ❑X ❑ ❑ degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually ❑ © ❑ limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will ❑ ® ❑ ❑ cause substantial adverse effects on human beings, either directly or indirectly? Discussion a) Less than Significant Impact with Mitigation Incorporated. On the basis of the foregoing analysis, the Proposed Project does not have the potential to significantly degrade the quality of the environment with the exception to biological resources and cultural resources. The Project Site contains limited habitat for wildlife species that would be affected by the Project and is located in an urbanized setting. Project implementation has the potential to significantly affect biological resources; however, incorporation of Mitigation Measures BI0-1 through Mitigation Measure BI0-7 would reduce these impacts to a less than significant level. No historic or cultural resources that may contribute to California's history were observed at the Project Site. Mitigation Measure CUL-1 through Mitigation Measure CUL-5 would reduce impacts to less than significant in the event that a cultural or historical resource was found. Therefore, impacts to biological and cultural resources would be less than significant with Project implementation. b) Less than Significant Impact with Mitigation Incorporated. Based on the analysis contained within this Initial Study, the Proposed Project would not have cumulatively considerable impacts with implementation of the mitigation measures established in this document (Mitigation Measures BI0-1 through BIO-7 and Mitigation Measures CUL-1 through CUL-5). Implementation of mitigation measures would reduce the potential for the incremental effects of the Proposed Project to less than significant levels when viewed in connection with the effects of past projects, current projects, or probable future projects. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 84 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Negative Declaration c) Less than Significant Impact with Mitigation Incorporated. There are no known substantial adverse effects on human beings that would be caused by the Proposed Project. Implementation of mitigation (Mitigation Measures BIO-1 through BIO-7 and Mitigation Measures CUL-1 through CUL-5) would reduce potential human safety impacts to less than significant. The Project is consistent with the land uses in the Project area and the environmental evaluation has concluded that no adverse significant environmental impacts would result from the Project. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 85 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Final Initial Study/Mitigated Neqative Declaration This page intentionally left blank Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 86 ESA / D201901440 Final Initial Study/Mitigated Negative Declaration March 2022 Appendix A Air Quality and GHG Calculations ESA ix A. Air Qualitv and GHG Calculations Emissions Summary AQ Construction Summary Air Quality Construction Analysis Unmitigated Construction Scenario Regional Ibs/day ROG NOX CO SO2 PM10 Total Total PM2.5 Demolition 0.9 8.3 8.3 0.0 0.9 0.5 Grading 0.9 8.5 8.3 0.0 0.9 0.6 Building Construction - 2021 0.8 8.5 8.0 0.0 0.6 0.5 Building Construction - 2022 0.7 7.4 7.7 0.0 0.5 0.4 Architectural Coating 0.3 1.4 2.1 0.0 0.2 0.1 Daily Maximum Emissions 0.9 8.5 8.3 0.0 0.9 0.6 SC AQMD Regional Threshold 75 100 550 150 150 55 5Exceeds Threshold? No No No No No No Construction Daily Summary 1of2 2/22/20219:57 AM AQ Construction Summary Air Quality Construction Analysis Unmitigated Construction Scenario PM10 Tota Localized Emissions Summary NO CO Total PM2.5 0 Ib/hr Demolition 7.3 7.6 0.7 0.4 Grading 7.4 7.7 0.7 0.6 Building Construction - 2021 8.2 7.4 0.4 0.4 Building Construction - 2022 7.0 7.2 0.4 0.3 Architectural Coating 1.4 1.8 0.1 0.1 Daily Maximum Emissions 8.2 7.7 0.7 0.6 SCAQMDLocalized Threshold 162 750 4 3 Exceeds Threshold? No No No No Construction Daily Summary 2of2 2/22/20219:57 AM AQ Construction Summary Fugitive Exhaust PM10 Fugitive Exhaust I Fugitive Exhaust PM30 Fugitive Eahaust To[al ROG NO% c0 S02 PM10 Total PM2.5 10 PMPM2.5 T..IPM2.5 ROG NOX CO 502 PM10 PM10 Total PM2.5 PM2.5 PM2.5 1 d 1�11 1�41 1 1�1.1 %2.1 1 1�11 %II 1�411 1��11 1' 1' Bull �6 Bucldteclu al Co b g - 2022 I 0 31 1�41 1..1 0�00 0.00 0. 8 0. 8 0.00 0.08 0.08 0.01 0.02 0.32 0.00 0.11 0.00 0.11 0.03 0.00 0.03 ROG NO% CO S02 PM10 PM10 Total PM2.5 PM2.5 Total PM2.5 Demolition 0.86 8.26 8.34 0.04 0.4] 0.41 0.88 0.09 0.39 0.49 Grading 0.83 ].92 8.2] 0.01 0.44 0.41 0.85 020 0.39 0.59 Building Co nstniction-2021 0.81 8.53 ].9] 0.01 0.14 0.45 0.59 0.04 0.41 0.45 Building Construcbon-2022 0.]1 ].39 ].68 0.01 0.14 0.3] 0.51 0.04 0.34 0.38 Architectual Coating 0.31 143 2.13 0.00 0.. 0.08 0.. 0.03 0.08 0.11 Construction Daily Summary loft 2/22/20219:58 AM Air 0oality Constrodion Construction - 2021 Construction - 2022 lural Coating Construction - 2021 Construction - 2022 tu.1 Coaling R00 NO% ROO NOg 0.86 8.26 0.83 ].92 0.81 8.53 0.]3 ].39 0.31 1.43 Fugitive EBhaost PMIO Fugitive EBhaost CO 502 PM10 PM10 Total PM2.5 PM2.5 Total Ph lb/day 7.59 0.04 0.28 0.41 0.69 0.1 1.11 0.43 ].13 1.01 1.21 1.41 0.70 0.16 0.39 0.55 ].44 0.01 0.00 0.45 OAS 0.00 0.41 0.41 ].IS 0.01 0.00 0.3] 0.3] 0.00 0.34 0.34 1.81 0.00 0 00 0.06 0.08 0.00 0.08 0.08 CO 502 PM10 PM10 Total PM2.5 PM2.5 Total PN 8.34 0.04 0 4] 0.41 0.88 0.09 0.39 0 49 8.2] 0.01 0.44 0.41 0.85 0.20 0.39 0.59 ].9] 0.01 0.14 0.45 0.59 0.04 0.41 0.41 ].68 0.01 0.14 0.3] 0.51 0.04 0.34 0.38 2.13 0.00 0.11 0.08 0.19 0.03 0.08 0.11 Fugitive EBhaost PM10 Fogkive EBhaost Total R00 NOg CO 502 PM30 PM10 Total PM2.5 PM2.5 PM2.5 lb/day 0.06 0.98 0.15 0.00 0.18 0.01 0.11 0.05 0.01 0.05 0.03 0.50 0.. 0.00 0.11 1.10 0.15 0.1 0.00 1.14 0.02 0.36 0.53 0.00 0.14 0.00 0.14 0.06 0.00 0.04 0.02 0.36 0.53 0.11 0.14 0.00 0.14 0.04 0.00 0.04 0.01 0.02 0.32 0.00 0.11 0.00 0.11 0.03 0.00 0.03 ix A. Air Qualitv and GHG Calculations On -road Emissions Calculations Total On -Road Emissions 260 Max construction days Der vear Total On -Road Emissions Daily Days Work Hours One -Way Regional Emissions Construction Phase One -Way per Phase per Day Trip Distance Idling (pounds/day) (MT/yr) Trips per Day per Day PM10 PM10 Total PM2.5 PM2.5 Total Total (days) (hours/day) (miles) (minutes) ROG NOX CO 502 Dust Exh PM10 Dust Exh PM2.5 CO2e Demolition 2021 Total Haul Trips 50 Demolition Hauling 4 15 8 20 15 0.04 0.96 0.43 0.00 0.07 0.01 0.08 0.02 0.00 0.02 2.29 2021Vendo Vendor 0 15 8 6.9 15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2021Worke Worker 10 15 8 14.7 0 0.01 0.02 0.32 0.00 0.11 0.00 0.11 0.03 0.00 0.03 0.67 Onroad Emissions - Demolition 0.04 0.98 0.75 0.00 0.18 0.01 0.19 0.05 0.01 0.05 2.96 Grading 2021 Total Haul Trips 18 2021Haulini Hauling 2 10 8 20 15 0.02 0.48 0.21 0.00 0.03 0.00 0.04 0.01 0.00 0.01 0.76 2021Vendo Vendor 0 10 8 6.9 15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2021Worke Worker 10 10 8 14.7 0 0.01 0.02 0.32 0.00 0.11 0.00 0.11 0.03 0.00 0.03 0.44 Onroad Emissions - Grading 0.03 0.50 0.53 0.00 0.15 0.00 0.15 0.04 0.00 0.04 1.21 Building Construction 2021 Total Haul Trips 0 2021Haulini Hauling 0 90 8 20 15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2021Vendo Vendor 4 90 8 6.9 15 0.02 0.34 0.21 0.00 0.03 0.00 0.03 0.01 0.00 0.01 4.70 2021Worke Worker 10 90 8 14.7 0 0.01 0.02 0.32 0.00 0.11 0.00 0.11 0.03 0.00 0.03 4.00 Onroad Emissions - Building Construction 0.02 0.36 0.53 0.00 0.14 0.00 0.14 0.04 0.00 0.04 8.70 Architectural Coating 2021 Total Haul Trips 0 2021Haulini Hauling 0 20 8 20 15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2021Vendo Vendor 0 20 8 6.9 15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2021Worke Worker 10 20 8 14.7 0 0.01 0.02 0.32 0.00 0.11 0.00 0.11 0.03 0.00 0.03 0.89 Onroad Emissions - Architectural Coating 0.01 0.02 0.32 0.00 0.11 0.00 0.11 0.03 0.00 0.03 0.89 Running Emissions Running Emissions Factor Running Emissions Factor (grams/mile) (grams/mile) ROG NOX CO sO2 I PM10 PM2.5 I CO2 CH4 NM 2020Hauling Hauling 0.12467436 4.127586075 0.70244559 0.01389473 0.04956172 0.04741766 1520.07529 0.08121693 0.2410944 2020Vendor Vendor 0.12175156 3.217634225 0.70325362 0.01222293 0.05527116 0.05287672 1311.85371 0.04440854 0.18764154 2020Worker Worker 0.02296702 0.083024116 1.09430473 0.00306823 0.00220351 0.002029 310.119284 0.00538825 0.00712331 2021Hauling Hauling 0.08103572 3.571515626 0.57499969 0.01347655 0.0279869 0.02677616 1477.43548 0.08019506 0.23446951 2021Vendor Vendor 0.0717977 2.602453214 0.52331731 0.01185125 0.02991351 0.02861613 1273.54109 0.04239589 0.18204996 2021Worker Worker 0.01983596 0.07223241 0.98341812 0.00297251 0.00205695 0.00189393 300.448479 0.00471177 0.00646256 2022Hauling Hauling 0.02463044 2.696920068 0.45130496 0.01267644 0.01843607 0.0176385 1394.21089 0.07850131 0.22145577 2022Vendor Vendor 0.01991806 1.889760516 0.36497107 0.01125961 0.01227567 0.01174136 1211.83967 0.04029686 0.17274956 2022Worker Worker 0.01716262 0.063167612 0.89794164 0.00287684 0.00193578 0.00178222 290.781675 0.00413135 0.00590029 2023Hauling Hauling 0.02438513 2.70726027 0.46544535 0.01247986 0.01859168 0.01778737 1374.48104 0.07922973 0.21840565 2023Vendor Vendor 0.01904515 1.897817151 0.35240371 0.01108069 0.01237071 0.01183229 1193.62946 0.0405116 0.17033183 2023Worker Worker 0.01513169 0.055897597 0.83140276 0.00279165 0.00185735 0.00170978 282.578076 0.00368669 0.00544537 GWP I N/A N/A N/A N/A N/A I N/A 1 25 290 Daily Haul Days Work Hours One -Way Regional Emissions Regional Emissions Construction Phase One -Way per Phase per Day Trip Distance (pounds/day) (MT/year) Trips per Day I I I I I I I I (days) (hours/day) (miles) ROG NOX CO 502 PMSO PM2.5 CO2 CH4 N2O CO2e Demolition 2021 Total Haul Trips 50 Hauling 4 15 8 20 0.01 0.63 0.10 0.00 0.00 0.00 1.77 0.00 0.08 1.86 Vendor 0 15 8 6.9 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Worker 10 15 8 14.7 0.01 0.02 0.32 0.00 0.00 0.00 0.66 0.00 0.00 0.67 0.02 0.65 0.42 0.00 0.01 0.01 2.44 0.00 0.09 2.52 Grading 2021 Total Haul Trips 18 Hauling 2 10 8 20 0.01 0.31 0.05 0.00 0.00 0.00 0.59 0.00 0.03 0.62 Vendor 0 10 8 6.9 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Worker 10 10 8 14.7 0.01 0.02 0.32 0.00 0.00 0.00 0.44 0.00 0.00 0.44 0.01 0.34 0.37 0.00 0.00 0.00 1.03 0.00 0.03 1.06 Building Construction 2021 Total Haul Trips 0 Hauling 0 90 8 20 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Vendor 4 90 8 6.9 0.00 0.16 0.03 0.00 0.00 0.00 3.16 0.00 0.13 3.30 Worker 10 90 8 14.7 0.01 0.02 0.32 0.00 0.00 0.00 3.97 0.00 0.02 4.00 0.01 0.18 0.35 0.00 0.00 0.00 7.14 0.00 0.16 7.30 Architectural Coating 2021 Total Haul Trips 0 Hauling 0 20 8 20 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Vendor 0 20 8 6.9 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Worker 30 20 8 14.7 0.01 0.02 0.32 0.00 0.00 0.00 0.88 0.00 0.01 0.89 0.01 0.02 0.32 0.00 0.00 0.00 0.88 0.00 0.01 0.89 Idling Emissions Idling Emissions Factor Idling Emissions Factor (grams/minute) (grams/minute) ROG NOX I CO 502 I PM30 PM2.5 CO2 CH4 I N2O 2020Hauling Hauling 0.18203757 2.514257339 2.34424676 0.00425698 0.00364827 0.00349045 457.401286 0.01060122 0.07221486 2020Vendor Vendor 0.09655158 1.389498887 1.26412887 0.00228127 0.00225118 0.00215379 244.777779 0.00633167 0.03834928 2020Worker Worker 0 0 0 0 0 0 0 0 0 2021Hauling Hauling 0.17992826 2.494221613 2.47137063 0.00431707 0.00153707 0.00147058 463.979458 0.01057258 0.07325903 2021Vendor Vendor 0.09512038 1.358206146 1.32735389 0.00230801 0.00101987 0.00097575 247.718477 0.00631023 0.03882087 2021Worker Worker 0 0 0 0 0 0 0 0 0 2022Hauling Hauling 0.1794334 2.268893827 2.65540888 0.00413434 0.00124387 0.00119006 444.864297 0.01062746 0.07026495 2022Vendor Vendor 0.09453686 1.21688302 1.42143188 0.00221115 0.00069792 0.00066773 237.578447 0.00634204 0.03723243 2022Worker Worker 0 0 0 0 0 0 0 0 0 2023Hauling Hauling 0.17974307 2.262044342 2.6647617 0.00409118 0.00119718 0.00114539 440.393976 0.01068902 0.06956683 2023Vendor Vendor 0.09456835 1.210583463 1.42500372 0.00218695 0.00066414 0.00063541 235.070306 0.00635061 0.03685329 2023Worker Worker 0 0 0 0 0 0 0 0 0 GWP N/A N/A N/A N/A N/A N/A 1 25 290 Daily Haul Days Work Hours Idling Regional Emissions Regional Emissions Construction Phase One -Way per Phase per Day minutes (pounds/day) (MT/year) Trips per Day I I I I I I I (days) (hours/day) (miles) ROG NOX CO 502 PM10 PM2.5 CO2 CH4 N2O CO2e Demolition 2021 Total Haul Trips 50 Hauling 4 15 8 15 0.02 0.33 0.33 0.00 0.00 0.00 0.42 0.00 0.02 0.44 Vendor 0 15 8 15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Worker 10 15 8 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.02 0.33 0.33 0.00 0.00 0.00 0.42 0.00 0.02 0.44 Grading 2021 Total Haul Trips 18 Hauling 2 10 8 15 0.01 0.16 0.16 0.00 0.00 0.00 0.14 0.00 0.01 0.15 Vendor 0 10 8 15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Worker 10 10 8 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.01 0.16 0.16 0.00 0.00 0.00 0.14 0.00 0.01 0.15 Building Construction 2021 Total Haul Trips 0 Hauling 0 90 8 15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Vendor 4 90 8 15 0.01 0.18 0.18 0.00 0.00 0.00 1.34 0.00 0.06 1.40 Worker 10 90 8 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.01 0.18 0.18 0.00 0.00 0.00 1.34 0.00 0.06 1.40 Architectural Coating 2021 Total Haul Trips 0 Hauling 0 20 8 15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Vendor 0 20 8 15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Worker 10 20 8 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Road Dust, Break Wear, and Tire wear Emissions Emission Factors (grams/mile) PM10 PM2.5 RD BW TW RD I BW I TW 202011auling Hauling 2020Vendor Vendor 2020Worker Worker 3.00E-01 0.061048007 0.03558331 7.36E-02 0.02616343 0.00889583 3.00E-01 0.095694022 0.02379166 7.36E-02 0.04101172 0.00594791 3.00E-01 0.036750011 0.008 7.36E-02 0.01575 0.002 2021Hauling Hauling 2021Vendor Vendor 2021Worker Worker 3.00E-01 0.061055751 0.0355879 7.36E-02 0.02616675 0.00889698 3.00E-01 0.095697894 0.02379395 7.36E-02 0.04101338 0.00594849 3.00E-01 0.036750011 0.008 7.36E-02 0.01575 0.002 202211auling Hauling 2022Vendor Vendor 2022Worker Worker 3.00E-01 0.061063462 0.03559233 7.36E-02 0.02617005 0.00889808 3.00E-01 0.095701749 0.02379617 7.36E-02 0.04101504 0.00594904 3.00E-01 0.036750011 0.008 7.36E-02 0.01575 0.002 2023Hauling Hauling 2023Vendor Vendor 2023Worker Worker 3.00E-01 0.06107028 0.03559616 7.36E-02 0.02617298 0.00889904 3.00E-01 0.095705158 0.02379808 7.36E-02 0.0410165 0.00594952 3.00E-01 0.036750011 0.008 7.36E-02 0.01575 0.002 Daily Haul Days Work Hours One -Way Regional Emissions Construction Phase One -Way per Phase per Day Trip Distance (pounds/day) Trips per Day PM10 PM2.5 (days) (hours/day) (miles) RD BW TW RD I BW TW Demolition 2021 Total Haul Trips 50 Hauling 4 15 8 20 0.05 0.01 0.01 0.01 0.00 0.00 Vendor 0 15 8 6.9 0.00 0.00 0.00 0.00 0.00 0.00 Worker 10 15 8 14.7 0.10 0.01 0.00 0.02 0.01 0.00 Grading 2021 Total Haul Trips 18 Hauling 2 10 8 20 0.03 0.01 0.00 0.01 0.00 0.00 Vendor 0 10 8 6.9 0.00 0.00 0.00 0.00 0.00 0.00 Worker 10 10 8 14.7 0.10 0.01 0.00 0.02 0.01 0.00 Building Construction 2021 Total Haul Trips 0 Hauling 0 90 8 20 0.00 0.00 0.00 0.00 0.00 0.00 Vendor 4 90 8 6.9 0.02 0.01 0.00 0.00 0.00 0.00 Worker 10 90 8 14.7 0.10 0.01 0.00 0.02 0.01 0.00 Architectural Coating 2021 Total Haul Trips 0 Hauling 0 20 8 20 0.00 0.00 0.00 0.00 0.00 0.00 Vendor 0 20 8 6.9 0.00 0.00 0.00 0.00 0.00 0.00 Worker 10 20 8 14.7 0.10 0.01 0.00 0.02 0.01 0.00 Total On -Road Emissions 260 Max construction days per vear Total On -Road Emissions Daily Haul Days Work Hours One -Way Regional Emissions Construction Phase One -Way per Phase per Day Trip Distance Idling (Tons/year) (MT/yr) Trips per Day per Day PM30 PM10 Total PM2.5 PM2.5 Total Total (days) (hours/day) (miles) (minutes) ROG NOX CO S02 Dust Exh PM10 Dust Exh PM2.5 CO2e Demolition 2021 Total Haul Trips 50 Hauling 4 15 8 20 15 0.00 0.01 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2.29 Vendor 0 15 8 6.9 15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Worker 10 15 8 14.7 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.67 0.00 0.01 0.01 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2.96 Grading 2021 Total Haul Trips 18 Hauling 2 10 8 20 15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.76 Vendor 0 10 8 6.9 15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Worker 10 10 8 14.7 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.44 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.21 Building Construction 2021 Total Haul Trips 0 Hauling 0 90 8 20 15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Vendor 4 90 8 6.9 15 0.00 0.02 0.01 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4.70 Worker 10 90 8 14.7 0 0.00 0.00 0.01 0.00 0.01 0.00 0.01 0.00 0.00 0.00 4.00 0.00 0.02 0.02 0.00 0.01 0.00 0.01 0.00 0.00 0.00 8.70 Architectural Coating 2021 Total Haul Trips 0 Hauling 0 20 8 20 15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Vendor 0 20 8 6.9 15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Worker 10 20 8 14.7 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.89 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.89 Total On -Road Emissions 260 Max construction days per vear Total On -Road Emissions Daily Haul Days Work Hours One -Way Regional Emissions Construction Phase One -Way per Phase per Day Trip Distance Idling (Tons/year) (MT/yr) Trips per Day per Day PM30 PM10 Total PM2.5 PM2.5 Total Total (days) (hours/day) (miles) (minutes) ROG NOX CO S02 Dust Exh PM10 Dust Exh PM2.5 CO2e Demolition 2021 Total Haul Trips 50 Hauling 4 15 8 20 15 0.00 0.01 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2.29 Vendor 0 15 8 6.9 15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Worker 10 15 8 14.7 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.67 0.00 0.01 0.01 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2.96 Grading 2021 Total Haul Trips 18 Hauling 2 10 8 20 15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.76 Vendor 0 10 8 6.9 15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Worker 10 10 8 14.7 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.44 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.21 Building Construction 2021 Total Haul Trips 0 Hauling 0 90 8 20 15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Vendor 4 90 8 6.9 15 0.00 0.02 0.01 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4.70 Worker 10 90 8 14.7 0 0.00 0.00 0.01 0.00 0.01 0.00 0.01 0.00 0.00 0.00 4.00 0.00 0.02 0.02 0.00 0.01 0.00 0.01 0.00 0.00 0.00 8.70 Architectural Coating 2021 Total Haul Trips 0 Hauling 0 20 8 20 15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Vendor 0 20 8 6.9 15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Worker 10 20 8 14.7 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.89 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.89 ix A. Air Qualitv and GHG Calculations GHG Summary GHG Emissions Summary Construction Phase Off -Road On -Road Total MTCO2e Demolition 7.84 2.96 10.80 Grading 5.23 1.21 6.44 Building Construction 45.42 8.70 54.12 Architectural Coating 2.56 0.89 3.45 Total Construction Emissions 74.81 ix A. Air Qualitv and GHG Calculations CaEEMod Outputs CalEEMod Version: CaIEEMod.2016.3.2 1.0 Project Characteristics 1.1 Land Usage 1.2 Other Project Characteristics Urbanization Urban Climate Zone 10 Utility Company CO2 Intensity (lb/MWhr) Page 1 of 1 Santa Gertrudis Creek Trail - South Coast Air Basin, Summer Wind Speed (m/s) Southern California Edison 702.44 CH4 Intensity (lb/MWhr) 1.3 User Entered Comments & Non -Default Data Project Characteristics - Land Use - Construction Phase - Project Schedule Trips and VMT - Calculated outside of CalEEMod Demolition - 260 CY concrete = 510 Tons Grading - Import 176 CY Soil Architectural Coating - Energy Use - Santa Gertrudis Creek Trail South Coast Air Basin, Summer 2.2 Precipitation Freq (Days) 31 Operational Year 2022 0.029 N20Intensity 0.006 (lb/MWhr) Date: 2/18/2021 4:05 PM Construction Off -road Equipment Mitigation - Off -road Equipment - Table Name Column Name Default Value New Value tblConstruction Phase NumDays 5.00 20.00 tblCon structionPhase NumDays 100.00 90.00 tblCon structionPhase NumDays 10.00 15.00 tblCon structionPhase NumDays 2.00 10.00 tblCon structionPhase NumDays 5.00 0.00 tblCon structionPhase NumDays 1.00 0.00 tblGrading Material Imported 0.00 176.00 tblTripsAndVMT HaulingTripNumber 50.00 0.00 tblTripsAndVMT HaulingTripNumber 17.00 0.00 tblTripsAndVMT VendorTripNumber 1.00 0.00 tblTripsAndVMT VendorVehicleClass HDT_Mix HHDT tblTripsAndVMT WorkerTripNumber 10.00 0.00 tblTripsAndVMT WorkerTripNumber 5.00 0.00 tblTripsAndVMT WorkerTripNumber 10.00 0.00 tblTripsAndVMT WorkerTripNumber 3.00 0.00 tblTripsAndVMT IF WorkerTripNumber 18.00 0.00 tblTripsAndVMT WorkerTripNumber 1.00 0.00 2.0 Emissions Summary 2.1 Overall Construction (Maximum Daily Emission) Unmitigated Construction PM10 I PM10 I Total I PM2.5 I PM2.5 I Total 1 I CO2 Year lb/day lb/day 2021 0.7965 7.9850 7.5691 0.0120 0.7528 0.4475 1.1601 0.4138 0.4117 0.8024 0.0000 1,147.433 1,147.433 0.3568 0.0000 1,152.779 8 8 7 2022 0.6863 7.0258 7.1527 0.0114 0.0000 0.3719 0.3719 0.0000 0.3422 0.3422 0.0000 1,103.939 1,103.939 0.3570 0.0000 1,112.865 3 3 2 Maximum 0.7965 7.9850 7.5691 0.0120 0.7528 0.4475 1.1601 0.4138 0.4117 0.8024 0.0000 1,147.433 1,147.433 0.3570 0.0000 1,152.779 8 8 7 Mitigated Construction ROG NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bio- CO2 NBio- Total CO2 CH4 N20 CO2e I PM10 PM10 Total PM2.5 PM2.5 Total CO2 Year lb/day lb/day 2021 0.7965 7.9850 7.5691 0.0120 0.2936 0.4475 0.7009 0.1614 0.4117 0.5500 0.0000 1,147.433 1,147.433 0.3568 0.0000 1,152.779 8 8 7 2022 0.6863 7.0258 7.1527 0.0114 0.0000 0.3719 0.3719 0.0000 0.3422 0.3422 0.0000 1,103.939 1,103.939 0.3570 0.0000 1,112.865 3 3 2 Maximum i 0.7965 7.9850 7.5691 0.0120 0.2936 0.4475 0.7009 0.1614 0.4117 0.5500 0.0000 1,147.433 1,147.433 0.3570 0.0000 1,152.779 8 8 7 I I ROG NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bio- CO2 NBio- Total CO2 CH4 N20 CO2e PM10 PM10 Total PM2.5 PM2.5 Total CO2 Percent 0.00 0.00 0.00 0.00 61.00 0.00 29.97 61.00 0.00 22.05 0.00 0.00 0.00 0.00 0.00 0.00 Reduction 2.2 Overall Operational Unmitigated Operational ROG I NOx I CO S02 Fugitive PM10 Exhaust PM10 PM10 Total I Fugitive PM2.5 I Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 I N20 CO2e Category lb/day lb/day Area 3.2200e- 003 1.00OOe- 005 7.5000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 1.6000e- 003 1.6000e- 003 0.0000 1.7100e- 003 Energy 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mobile 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 3.220Oe- 003 1.00OOe- 005 7.500Oe- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.600Oe- 003 1.6000e- 003 0.0000 0.0000 1.71OOe- 003 Mitigated Operational ROG I NOx I CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Area 3.2200e- 003 1.00OOe- 005 7.5000e- 0041 0.0000 0.0000 0.0000 0.0000 0.0000 7 1.6000e- 003 1.6000e- 003 0.0000 1.7100e- 003 Energy 0.0000 Fobdoo 0.0000 0.0000 0.0000 0.0000--]------j 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mobile 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 3.220Oe- 003 1.00OOe- 005 7.500Oe- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.600Oe- 003 1.6000e- 003 0.0000 0.0000 1.71OOe- 003 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 0.00 3.0 Construction Detail Construction Phase 3 Grading Grading 11/22/2021 12/3/2021 5 10 4 Building Construction Building Construction 12/6/2021 4/8/2022 5 90 5 Paving Paving 4/7/2022 4/6/2022 5 0 6 Architectural Coating Architectural Coating 4/11/2022 5/6/2022 5 20 Acres of Grading (Site Preparation Phase): 0 Acres of Grading (Grading Phase): 0 Acres of Paving: 0.17 Residential Indoor: 0; Residential Outdoor: 0; Non -Residential Indoor: 0; Non -Residential Outdoor: 0; Striped Parking Area: 439 OffRoad Equipment Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor Demolition Concrete/Industrial Saws 1 8.00 81 0.7 Demolition Rubber Tired Dozers 1 1.00 247 0.4 Demolition Tractors/Loaders/Backhoes 2 6.00 97 0.3 Site Preparation Graders 1 8.00 187 0.41 Site Preparation Tractors/Loaders/Backhoes 1 8.00 97 0.3 Grading Concrete/Industrial Saws 1 8.00 81 0.7 Grading Rubber Tired Dozers 1 1.00 247 0.4 Grading Tractors/Loaders/Backhoes 2 6.00 97 0.3 Building Construction Cranes 1 4.00 231 0.2 Building Construction Forklifts 2= 6.00 89 0.2 Building Construction Tractors/Loaders/Backhoes 2 8.00 97 0.3 Paving Cement and Mortar Mixers 4 6.00 9 0.5 Paving Pavers 1 7.00 130 0.4 Paving Rollers 1 7.00 80 0.3 Paving Tractors/Loaders/Backhoes 1 7.00 97 0.3 Architectural Coating Air Compressors 1 6.00 78 0.4 Trips and VMT Phase Name Offroad Equipment Count Worker Trip Number Vendor Trip Number Hauling Trip Number Worker Trip Length Vendor Trip Length Hauling Trip Length Worker Vehicle Class Vendor Vehicle Class Hauling Vehicle Class Demolition 4 0.00 0.00 0.00 14.70 6.90 20.001 0.00 LD Mix HDT Mix HHDT Site Preparation 2 0.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix771 HHDT Grading 4 0.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT Building Construction 5 0.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HHDT HHDT Paving 7 0.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT Architectural Coating 1 0.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT 3.1 Mitigation Measures Construction Water Exposed Area 3.2 Demolition - 2021 Unmitiaated Construction On -Site ROG I NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total I Fugitive PM2.5 Exhaust PM2.5 PM2.5 Bio- CO21 Total NBio- CO2 Total CO2 CH4 N20 CO2e Category lb/day lb/day Fugitive Dust 0.7276 0.0000 0.7276 0.1102 0.0000 0.1102 0.0000 0.0000 Off -Road 0.7965 7.2530 7.5691 0.0120 0.4073 0.4073 0.3886 0.3886 1,147.433 8 1,147.433 8 0.2138 1,152.779 7 Total 0.7965 7.2530 7.5691 0.0120 0.7276 0.4073 1.1349 0.1102 0.3886 0.4988 1,147.433 8 1,147.433 8 0.2138 1,152.779 7 Unmitigated Construction Off -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N20 CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Construction On -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Bio- CO2 Total NBio- CO2 Total CO2 CH4 I N20 CO2e Category lb/day lb/day Fugitive Dust 0.2838 0.0000 0.2838 0.0430 0.0000 0.0430 0.0000 0.0000 Off -Road 0.7965 7.2530 7.5691 0.0120 0.4073 0.4073 0.3886 0.3886 0.0000 1,147.433 8 1,147.433 8 0.2138 1,152.779 7 Total 0.7965 7.2530 7.5691 0.0120 0.2838 0.4073 0.6911 0.0430 0.3886 0.4316 0.0000 1,147.433 8 1,147.433 8 0.2138 1,152.779 7 Mitigated Construction Off -Site ROG NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust I PM2.5 Bio- CO2 NBio- Total CO2 CH4 N20 CO2e PM10 PM10 Total PM2.5 PM2.5 Total CO2 Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 _n 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 3.3 Site Preparation - 2021 Unmitigated Construction On -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Bio- CO21 Total NBio- CO2 Total CO2 CH4 I N20 CO2e Category lb/day lb/day Fugitive Dust 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off -Road 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitiaated Construction Off -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 I PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N20 CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 ffi 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitiaated Construction On -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Bio- CO2 Total NBio- CO2 Total CO2 CH4 I N20 CO2e Category lb/day lb/day Fugitive Dust 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off -Road 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Construction Off -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 I PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N20 CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 3.4 Grading - 2021 Unmitiaated Construction On -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Bio- CO2 Total NBio- CO2 Total CO2 CH4 N20 CO2e lb/day lb/day E 0.7528 0.0000 0.7528 0.4138 0.0000 0.4138 0.0000 0.0000 .7965 7.2530 7.5691 0.0120 0.4073 0.4073 0.3886 0.3886 1,147.433 8 1,147.433 8 0.2138 1,152.779 7 .7965 7.2530 7.5691 0.0120 0.7528 0.4073 1.1601 0.4138 0.3886 0.8024 1,147.433 8 1,147.433 8 0.2138 1,152.779 7 Unmitigated Construction Off -Site ROG NOx CO S02 I Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N20 CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Construction On -Site ROG NOx CO S02 Fugitive Exhaust PM10 I Fugitive Exhaust PM2.5 Bio- CO21 NBio- Total CO2 CH4 N20 CO2e PM10 PM10 Total PM2.5 PM2.5 Total CO2 Category lb/day lb/day Fugitive Dust 0.2936 0.0000 0.2936 0.1614 0.0000 0.1614 0.0000 0.0000 Off -Road 0.7965 7.2530 7.5691 0.0120 0.4073 0.4073 0.3886 0.3886 0.0000 1,147.433 1,147.433 0.2138 1,152.779 8 8 7 Total 0.7965 7.2530 7.5691 0.0120 0.2936 0.4073 0.7009 0.1614 0.3886 0.5500 0.0000 1,147.433 1,147.433 0.2138 1,152.779 8 8 7 Mitigated Construction Off -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 I PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N20 CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 3.5 Building Construction - 2021 Unmitigated Construction On -Site ROG NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust I PM2.5 Bio- CO2 NBio- Total CO2 CH4 N20 CO2e I I I PM10 I PM10 Total PM2.5 I PM2.5 I Total CO2 I Category lb/day lb/day Off -Road 0.7750 7.9850 7.2637 0.0114 0.4475 0.4475 0.4117 0.4117 1,103.215 1,103.215 0.3568 1,112.135 8 8 8 Total 0.7750 7.9850 7.2637 0.0114 0.4475 0.4475 0.4117 0.4117 1,103.215 1,103.215 0.3568 1,112.135 8 8 8 Unmitigated Construction Off -Site ROG I NOx I CO I S02 I Fugitive PM10 Exhaust PM10 PM10 Total I Fugitive PM2.5 Exhaust PM2.5 I PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 I N20 CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 ffi 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Construction On -Site ROG NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bio- CO2 NBio- Total CO2 CH4 N20 CO2e I I I PM10 I PM10 Total PM2.5 I PM2.5 Total CO2 I Category lb/day lb/day Off -Road 0.7750 7.9850 7.2637 0.0114 0.4475 0.4475 0.4117 0.4117 0.0000 1,103.215 1,103.215 0.3568 1,112.135 8 8 8 Total 0.7750 7.9850 7.2637 0.0114 0.4475 0.4475 0.4117 0.4117 0.0000 1,103.215 1,103.215 0.3568 1,112.135 8 8 8 Mitigated Construction Off -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 I N20 CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 3.5 Building Construction - 2022 Unmitigated Construction On -Site ROG NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bio- CO21 NBio- Total CO2 CH4 N20 CO2e I I I PM10 I PM10 Total PM2.5 I PM2.5 Total CO2 I Category lb/day lb/day Off -Road 0.6863 7.0258 7.1527 0.0114 0.3719 0.3719 0.3422 0.3422 1,103.939 1,103.939 0.3570 1,112.865 3 3 2 Total 0.6863 7.0258 7.1527 0.0114 0.3719 0.3719 0.3422 0.3422 1,103.939 1,103.939 0.3570 1,112.865 3 3 2 Unmitigated Construction Off -Site ROG NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bio- CO2 NBio- Total CO2 CH4 N20 CO2e PM10 PM10 Total PM2.5 PM2.5 Total CO2 Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 -n 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Construction On -Site ROG NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bio- CO21 NBio- Total CO2 CH4 N20 CO2e I I I PM10 I PM10 Total PM2.5 I PM2.5 Total CO2 I Category lb/day lb/day Off -Road 0.6863 7.0258 7.1527 0.0114 0.3719 0.3719 0.3422 0.3422 0.0000 1,103.939 1,103.939 0.3570 1,112.865 3 3 2 Total 0.6863 7.0258 7.1527 0.0114 0.3719 0.3719 0.3422 0.3422 0.0000 1,103.939 1,103.939 0.3570 1,112.865 3 3 2 Mitigated Construction Off -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 I PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N20 CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 3.6 Paving - 2022 Unmitiaated Construction On -Site ROG I NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Bio- CO2 Total NBio- CO2 Total CO2 CH4 N20 CO2e Category lb/day lb/day Off -Road 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 �� �� 0.0000 0.0000 �� 0.0000 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated Construction Off -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 I PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N20 CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitiaated Construction On -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Bio- CO2 Total NBio- CO2 Total CO2 CH4 N20 CO2e Category lb/day lb/day Off -Road 0.0000 0.0000 0.0000 0.0000 0.0000 �� 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 �� �� 0.0000 0.0000 �� 0.0000 0.0000 �� 0.0000 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Construction Off -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N20 CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 3.7 Architectural Coating - 2022 Unmitigated Construction On -Site ROG NOx CO S02 Fugitive Exhaust PM10 I Fugitive Exhaust PM2.5 Bio- CO2 NBio- Total CO2 CH4 N20 CO2e PM10 PM10 Total PM2.5 PM2.5 Total CO2 Category lb/day lb/day Archit. Coating 0.1017 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off -Road 0.2045 1.4085 1.8136 2.9700e- 0.0817 0.0817 0.0817 0.0817 281.4481 281.4481 0.0183 281.9062 003 Total 0.3063 1.4085 1.8136 2.9700e- 0.0817 0.0817 0.0817 0.0817 281.4481 281.4481 0.0183 281.9062 003 Unmitigated Construction Off -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 I PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N20 CO2 Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitiaated Construction On -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 I PM2.5 Bio- CO2 Total NBio- CO2 Total CO2 CH4 N20 CO2e Category lb/day lb/day Archit. Coating 0.1017 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off -Road 0.2045 1.4085 1.8136 2.9700e- 003 0.0817 0.0817 0.0817 0.0817 0.0000 281.4481 281.4481 0.0183 281.9062 Total 0.3063 1.4085 1.8136 2.9700e- 003 0.0817 0.0817 0.0817 0.0817 0.0000 281.4481 281.4481 0.0183 281.9062 Mitigated Construction Off -Site ROG I NOx I CO I S02 I Fugitive PM10 Exhaust PM10 PM10 Total I Fugitive PM2.5 Exhaust PM2.5 I PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 I N20 CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.00000.000.0000 ffi 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 4.0 Operational Detail - Mobile 4.1 Mitigation Measures Mobile ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total I Fugitive PM2.5 Exhaust PM2.5 PM2.5 Bio- CO2 Total NBio- CO2 Total CO2 CH4 N20 CO2e Category lb/day lb/day Mitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 4.2 Trip Summary Information Average Daily Trip Rate Unmitigated Mitigated Land Use Weekday Saturday Sunday Annual VMT Annual VMT Other Non -Asphalt Surfaces 0.00 0.00 0.00 Total 0.00 0.00 0.00 4.3 Trip Type Information Miles Trip % Trip Purpose % Land Use H-W or C-W H-S or C-C H-O or C-NW H-W or C- H-S or C-C H-O or C-NW Primary Diverted Pass -by Other Non -Asphalt Surfaces 16.60 8.40 6.90 0.00 0.00 0.00 0 0 0 4.4 Fleet Mix 5.0 Energy Detail Historical Energy Use: N 5.1 Mitigation Measures Energy ROG NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust I PM2.5 Bio- CO21 NBio- Total CO2 CH4 N20 CO2e PM10 PM10 Total PM2.5 PM2.5 Total CO2 Category lb/day lb/day NaturalGas 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated NaturalGas 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated 5.2 Energy by Land Use - NaturalGas Unmitiqated NaturalGa s Use ROG I NOx I CO I S02 I Fugitive PM10 Exhaust PM10 I PM10 Total I Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 I NBio- CO2 Total CO2 CH4 I N20 I CO Land Use kBTU/yr lb/day lb/day Other Non -Asphalt 0 Surfaces 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated NaturalGa s Use ROG I NOx I CO I S02 I Fugitive PM10 Exhaust PM10 I PM10 Total I Fugitive PM2.5 I Exhaust PM2.5 PM2.5 Total Bio- CO2 I NBio- CO2 Total CO2 CH4 I N20 I CO Land Use kBTU/yr lb/day lb/day Other Non -Asphalt 0 Surfaces 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 6.0 Area Detail 6.1 Mitigation Measures Area ROG NOx CO SO2 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bio- CO2 NBio- Total CO2 CH4 N2O CO2e I I I PM10 PM10 Total PM2.5 PM2.5 Total CO2 Category lb/day lb/day Mitigated 3.2200e- 1.00OOe- 7.5000e- 0.0000 0.0000 0.0000 0.0000 0.0000 1.6000e- 1.6000e- 0.0000 1.7100e- 003 005 004 003 003 003 Unmitigated 3.2200e- 1.00OOe- 7.5000e- 0.0000 0.0000 0.0000 0.0000 0.0000 1.6000e- 1.6000e- 0.0000 1.7100e- 003 005 004 003 003 003 6.2 Area by SubCategory Unmitigated ROG NOx CO SO2 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bio- CO2 NBio- Total CO2 CH4 N2O CO2e PM10 I PM10 Total PM2.5 PM2.5 Total CO2 SubCategory lb/day lb/day Architectural 5.6000e- 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Coating 004 Consumer 2.5900e- 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Products 003 Landscaping 7.00OOe- 1.00OOe- 7.5000e- 0.0000 0.0000 0.0000 0.0000 0.0000 1.6000e- 1.6000e- 0.0000 1.7100e- 005 005 004 003 003 003 Total 3.2200e- 1.00OOe- 7.5000e- 0.0000 0.0000 0.0000 0.0000 0.0000 1.6000e- 1.6000e- 0.0000 1.7100e- 003 005 004 003 003 003 Mitigated ROG NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bio- CO2 NBio- Total CO2 CH4 N20 CO2e PM10 PM10 Total PM2.5 PM2.5 Total CO2 SubCategory lb/day JAI lb/day Architectural 5.60OOe- 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Coating 004 Consumer 2.5900e- 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Products 003 Landscaping 7.00OOe- 1.00OOe- 7.5000e- 0.0000 0.0000 0.0000 0.0000 0.0000 1.6000e- 1.6000e- 0.0000 1.7100e- 005 005 004 003 003 003 Total 3.2200e- 1.000Oe- 7.50OOe- 0.0000 0.0000 0.0000 0.0000 0.0000 1.6000e- 1.6000e- 0.0000 1.7100e- 003 005 004 003 003 003 7.0 Water Detail 7.1 Mitigation Measures Water 8.0 Waste Detail 8.1 Mitigation Measures Waste 9.0 Operational Offroad Equipment Type Number Hours/Day Days/Year Horse Power Load Factor Fuel Type 10.0 Stationary Equipment Fire Pumps and Emergency Generators Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type Boilers Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type User Defined Equipment Equipment Type Number 11.0 Vegetation CalEEMod Version: CaIEEMod.2016.3.2 1.0 Project Characteristics 1.1 Land Usage 1.2 Other Project Characteristics Urbanization Urban Climate Zone 10 Utility Company CO2 Intensity (lb/MWhr) Page 1 of 1 Santa Gertrudis Creek Trail - South Coast Air Basin, Winter Wind Speed (m/s) Southern California Edison 702.44 CH4 Intensity (lb/MWhr) 1.3 User Entered Comments & Non -Default Data Project Characteristics - Land Use - Construction Phase - Project Schedule Trips and VMT - Calculated outside of CalEEMod Demolition - 260 CY concrete = 510 Tons Grading - Import 176 CY Soil Architectural Coating - Energy Use - Santa Gertrudis Creek Trail South Coast Air Basin, Winter 2.2 Precipitation Freq (Days) 31 Operational Year 2022 0.029 N20Intensity 0.006 (lb/MWhr) Date: 2/18/2021 4:04 PM Construction Off -road Equipment Mitigation - Off -road Equipment - Table Name Column Name Default Value New Value tblConstruction Phase NumDays 5.00 20.00 tblCon structionPhase NumDays 100.00 90.00 tblCon structionPhase NumDays 10.00 15.00 tblCon structionPhase NumDays 2.00 10.00 tblCon structionPhase NumDays 5.00 0.00 tblCon structionPhase NumDays 1.00 0.00 tblGrading Material Imported 0.00 176.00 tblTripsAndVMT HaulingTripNumber 50.00 0.00 tblTripsAndVMT HaulingTripNumber 17.00 0.00 tblTripsAndVMT VendorTripNumber 1.00 0.00 tblTripsAndVMT VendorVehicleClass HDT_Mix HHDT tblTripsAndVMT WorkerTripNumber 10.00 0.00 tblTripsAndVMT WorkerTripNumber 5.00 0.00 tblTripsAndVMT WorkerTripNumber 10.00 0.00 tblTripsAndVMT WorkerTripNumber 3.00 0.00 tblTripsAndVMT IF WorkerTripNumber 18.00 0.00 tblTripsAndVMT WorkerTripNumber 1.00 0.00 2.0 Emissions Summary 2.1 Overall Construction (Maximum Daily Emission) Unmitigated Construction PM10 I PM10 I Total I PM2.5 I PM2.5 I Total 1 I CO2 Year lb/day lb/day 2021 0.7965 7.9850 7.5691 0.0120 0.7528 0.4475 1.1601 0.4138 0.4117 0.8024 0.0000 1,147.433 1,147.433 0.3568 0.0000 1,152.779 8 8 7 2022 0.6863 7.0258 7.1527 0.0114 0.0000 0.3719 0.3719 0.0000 0.3422 0.3422 0.0000 1,103.939 1,103.939 0.3570 0.0000 1,112.865 3 3 2 Maximum 0.7965 7.9850 7.5691 0.0120 0.7528 0.4475 1.1601 0.4138 0.4117 0.8024 0.0000 1,147.433 1,147.433 0.3570 0.0000 1,152.779 8 8 7 Mitigated Construction ROG NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bio- CO2 NBio- Total CO2 CH4 N20 CO2e I PM10 PM10 Total PM2.5 PM2.5 Total CO2 Year lb/day lb/day 2021 0.7965 7.9850 7.5691 0.0120 0.2936 0.4475 0.7009 0.1614 0.4117 0.5500 0.0000 1,147.433 1,147.433 0.3568 0.0000 1,152.779 8 8 7 2022 0.6863 7.0258 7.1527 0.0114 0.0000 0.3719 0.3719 0.0000 0.3422 0.3422 0.0000 1,103.939 1,103.939 0.3570 0.0000 1,112.865 3 3 2 Maximum i 0.7965 7.9850 7.5691 0.0120 0.2936 0.4475 0.7009 0.1614 0.4117 0.5500 0.0000 1,147.433 1,147.433 0.3570 0.0000 1,152.779 8 8 7 I I ROG NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bio- CO2 NBio- Total CO2 CH4 N20 CO2e PM10 PM10 Total PM2.5 PM2.5 Total CO2 Percent 0.00 0.00 0.00 0.00 61.00 0.00 29.97 61.00 0.00 22.05 0.00 0.00 0.00 0.00 0.00 0.00 Reduction 2.2 Overall Operational Unmitigated Operational ROG I NOx I CO S02 Fugitive PM10 Exhaust PM10 PM10 Total I Fugitive PM2.5 I Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 I N20 CO2e Category lb/day lb/day Area 3.2200e- 003 1.00OOe- 005 7.5000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 1.6000e- 003 1.6000e- 003 0.0000 1.7100e- 003 Energy 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mobile 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 3.220Oe- 003 1.00OOe- 005 7.500Oe- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.600Oe- 003 1.6000e- 003 0.0000 0.0000 1.71OOe- 003 Mitigated Operational ROG I NOx I CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Area 3.2200e- 003 1.00OOe- 005 7.5000e- 0041 0.0000 0.0000 0.0000 0.0000 0.0000 7 1.6000e- 003 1.6000e- 003 0.0000 1.7100e- 003 Energy 0.0000 Fobdoo 0.0000 0.0000 0.0000 0.0000--]------j 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mobile 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 3.220Oe- 003 1.00OOe- 005 7.500Oe- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.600Oe- 003 1.6000e- 003 0.0000 0.0000 1.71OOe- 003 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 0.00 3.0 Construction Detail Construction Phase 3 Grading Grading 11/22/2021 12/3/2021 5 10 4 Building Construction Building Construction 12/6/2021 4/8/2022 5 90 5 Paving Paving 4/7/2022 4/6/2022 5 0 6 Architectural Coating Architectural Coating 4/11/2022 5/6/2022 5 20 Acres of Grading (Site Preparation Phase): 0 Acres of Grading (Grading Phase): 0 Acres of Paving: 0.17 Residential Indoor: 0; Residential Outdoor: 0; Non -Residential Indoor: 0; Non -Residential Outdoor: 0; Striped Parking Area: 439 OffRoad Equipment Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor Demolition Concrete/Industrial Saws 1 8.00 81 0.7 Demolition Rubber Tired Dozers 1 1.00 247 0.4 Demolition Tractors/Loaders/Backhoes 2 6.00 97 0.3 Site Preparation Graders 1 8.00 187 0.41 Site Preparation Tractors/Loaders/Backhoes 1 8.00 97 0.3 Grading Concrete/Industrial Saws 1 8.00 81 0.7 Grading Rubber Tired Dozers 1 1.00 247 0.4 Grading Tractors/Loaders/Backhoes 2 6.00 97 0.3 Building Construction Cranes 1 4.00 231 0.2 Building Construction Forklifts 2= 6.00 89 0.2 Building Construction Tractors/Loaders/Backhoes 2 8.00 97 0.3 Paving Cement and Mortar Mixers 4 6.00 9 0.5 Paving Pavers 1 7.00 130 0.4 Paving Rollers 1 7.00 80 0.3 Paving Tractors/Loaders/Backhoes 1 7.00 97 0.3 Architectural Coating Air Compressors 1 6.00 78 0.4 Trips and VMT Phase Name Offroad Equipment Count Worker Trip Number Vendor Trip Number Hauling Trip Number Worker Trip Length Vendor Trip Length Hauling Trip Length Worker Vehicle Class Vendor Vehicle Class Hauling Vehicle Class Demolition 4 0.00 0.00 0.00 14.70 6.90 20.001 0.00 LD Mix HDT Mix HHDT Site Preparation 2 0.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix771 HHDT Grading 4 0.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT Building Construction 5 0.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HHDT HHDT Paving 7 0.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT Architectural Coating 1 0.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT 3.1 Mitigation Measures Construction Water Exposed Area 3.2 Demolition - 2021 Unmitiaated Construction On -Site ROG I NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total I Fugitive PM2.5 Exhaust PM2.5 PM2.5 Bio- CO21 Total NBio- CO2 Total CO2 CH4 N20 CO2e Category lb/day lb/day Fugitive Dust 0.7276 0.0000 0.7276 0.1102 0.0000 0.1102 0.0000 0.0000 Off -Road 0.7965 7.2530 7.5691 0.0120 0.4073 0.4073 0.3886 0.3886 1,147.433 8 1,147.433 8 0.2138 1,152.779 7 Total 0.7965 7.2530 7.5691 0.0120 0.7276 0.4073 1.1349 0.1102 0.3886 0.4988 1,147.433 8 1,147.433 8 0.2138 1,152.779 7 Unmitigated Construction Off -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N20 CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Construction On -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Bio- CO2 Total NBio- CO2 Total CO2 CH4 I N20 CO2e Category lb/day lb/day Fugitive Dust 0.2838 0.0000 0.2838 0.0430 0.0000 0.0430 0.0000 0.0000 Off -Road 0.7965 7.2530 7.5691 0.0120 0.4073 0.4073 0.3886 0.3886 0.0000 1,147.433 8 1,147.433 8 0.2138 1,152.779 7 Total 0.7965 7.2530 7.5691 0.0120 0.2838 0.4073 0.6911 0.0430 0.3886 0.4316 0.0000 1,147.433 8 1,147.433 8 0.2138 1,152.779 7 Mitigated Construction Off -Site ROG NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust I PM2.5 Bio- CO2 NBio- Total CO2 CH4 N20 CO2e PM10 PM10 Total PM2.5 PM2.5 Total CO2 Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 _n 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 3.3 Site Preparation - 2021 Unmitigated Construction On -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Bio- CO21 Total NBio- CO2 Total CO2 CH4 I N20 CO2e Category lb/day lb/day Fugitive Dust 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off -Road 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitiaated Construction Off -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 I PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N20 CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 ffi 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitiaated Construction On -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Bio- CO2 Total NBio- CO2 Total CO2 CH4 I N20 CO2e Category lb/day lb/day Fugitive Dust 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off -Road 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Construction Off -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 I PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N20 CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 3.4 Grading - 2021 Unmitiaated Construction On -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Bio- CO2 Total NBio- CO2 Total CO2 CH4 N20 CO2e lb/day lb/day E 0.7528 0.0000 0.7528 0.4138 0.0000 0.4138 0.0000 0.0000 .7965 7.2530 7.5691 0.0120 0.4073 0.4073 0.3886 0.3886 1,147.433 8 1,147.433 8 0.2138 1,152.779 7 .7965 7.2530 7.5691 0.0120 0.7528 0.4073 1.1601 0.4138 0.3886 0.8024 1,147.433 8 1,147.433 8 0.2138 1,152.779 7 Unmitigated Construction Off -Site ROG NOx CO S02 I Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N20 CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Construction On -Site ROG NOx CO S02 Fugitive Exhaust PM10 I Fugitive Exhaust PM2.5 Bio- CO21 NBio- Total CO2 CH4 N20 CO2e PM10 PM10 Total PM2.5 PM2.5 Total CO2 Category lb/day lb/day Fugitive Dust 0.2936 0.0000 0.2936 0.1614 0.0000 0.1614 0.0000 0.0000 Off -Road 0.7965 7.2530 7.5691 0.0120 0.4073 0.4073 0.3886 0.3886 0.0000 1,147.433 1,147.433 0.2138 1,152.779 8 8 7 Total 0.7965 7.2530 7.5691 0.0120 0.2936 0.4073 0.7009 0.1614 0.3886 0.5500 0.0000 1,147.433 1,147.433 0.2138 1,152.779 8 8 7 Mitigated Construction Off -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 I PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N20 CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 3.5 Building Construction - 2021 Unmitigated Construction On -Site ROG NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust I PM2.5 Bio- CO2 NBio- Total CO2 CH4 N20 CO2e I I I PM10 I PM10 Total PM2.5 I PM2.5 I Total CO2 I Category lb/day lb/day Off -Road 0.7750 7.9850 7.2637 0.0114 0.4475 0.4475 0.4117 0.4117 1,103.215 1,103.215 0.3568 1,112.135 8 8 8 Total 0.7750 7.9850 7.2637 0.0114 0.4475 0.4475 0.4117 0.4117 1,103.215 1,103.215 0.3568 1,112.135 8 8 8 Unmitigated Construction Off -Site ROG I NOx I CO I S02 I Fugitive PM10 Exhaust PM10 PM10 Total I Fugitive PM2.5 Exhaust PM2.5 I PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 I N20 CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 ffi 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Construction On -Site ROG NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bio- CO2 NBio- Total CO2 CH4 N20 CO2e I I I PM10 I PM10 Total PM2.5 I PM2.5 Total CO2 I Category lb/day lb/day Off -Road 0.7750 7.9850 7.2637 0.0114 0.4475 0.4475 0.4117 0.4117 0.0000 1,103.215 1,103.215 0.3568 1,112.135 8 8 8 Total 0.7750 7.9850 7.2637 0.0114 0.4475 0.4475 0.4117 0.4117 0.0000 1,103.215 1,103.215 0.3568 1,112.135 8 8 8 Mitigated Construction Off -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 I N20 CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 3.5 Building Construction - 2022 Unmitigated Construction On -Site ROG NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bio- CO21 NBio- Total CO2 CH4 N20 CO2e I I I PM10 I PM10 Total PM2.5 I PM2.5 Total CO2 I Category lb/day lb/day Off -Road 0.6863 7.0258 7.1527 0.0114 0.3719 0.3719 0.3422 0.3422 1,103.939 1,103.939 0.3570 1,112.865 3 3 2 Total 0.6863 7.0258 7.1527 0.0114 0.3719 0.3719 0.3422 0.3422 1,103.939 1,103.939 0.3570 1,112.865 3 3 2 Unmitigated Construction Off -Site ROG NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bio- CO2 NBio- Total CO2 CH4 N20 CO2e PM10 PM10 Total PM2.5 PM2.5 Total CO2 Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 -n 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Construction On -Site ROG NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bio- CO21 NBio- Total CO2 CH4 N20 CO2e I I I PM10 I PM10 Total PM2.5 I PM2.5 Total CO2 I Category lb/day lb/day Off -Road 0.6863 7.0258 7.1527 0.0114 0.3719 0.3719 0.3422 0.3422 0.0000 1,103.939 1,103.939 0.3570 1,112.865 3 3 2 Total 0.6863 7.0258 7.1527 0.0114 0.3719 0.3719 0.3422 0.3422 0.0000 1,103.939 1,103.939 0.3570 1,112.865 3 3 2 Mitigated Construction Off -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 I PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N20 CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 3.6 Paving - 2022 Unmitiaated Construction On -Site ROG I NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Bio- CO2 Total NBio- CO2 Total CO2 CH4 N20 CO2e Category lb/day lb/day Off -Road 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 �� �� 0.0000 0.0000 �� 0.0000 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated Construction Off -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 I PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N20 CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitiaated Construction On -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Bio- CO2 Total NBio- CO2 Total CO2 CH4 N20 CO2e Category lb/day lb/day Off -Road 0.0000 0.0000 0.0000 0.0000 0.0000 �� 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 �� �� 0.0000 0.0000 �� 0.0000 0.0000 �� 0.0000 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Construction Off -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N20 CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 3.7 Architectural Coating - 2022 Unmitigated Construction On -Site ROG NOx CO S02 Fugitive Exhaust PM10 I Fugitive Exhaust PM2.5 Bio- CO2 NBio- Total CO2 CH4 N20 CO2e PM10 PM10 Total PM2.5 PM2.5 Total CO2 Category lb/day lb/day Archit. Coating 0.1017 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off -Road 0.2045 1.4085 1.8136 2.9700e- 0.0817 0.0817 0.0817 0.0817 281.4481 281.4481 0.0183 281.9062 003 Total 0.3063 1.4085 1.8136 2.9700e- 0.0817 0.0817 0.0817 0.0817 281.4481 281.4481 0.0183 281.9062 003 Unmitigated Construction Off -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 I PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N20 CO2 Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitiaated Construction On -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 I PM2.5 Bio- CO2 Total NBio- CO2 Total CO2 CH4 N20 CO2e Category lb/day lb/day Archit. Coating 0.1017 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off -Road 0.2045 1.4085 1.8136 2.9700e- 003 0.0817 0.0817 0.0817 0.0817 0.0000 281.4481 281.4481 0.0183 281.9062 Total 0.3063 1.4085 1.8136 2.9700e- 003 0.0817 0.0817 0.0817 0.0817 0.0000 281.4481 281.4481 0.0183 281.9062 Mitigated Construction Off -Site ROG I NOx I CO I S02 I Fugitive PM10 Exhaust PM10 PM10 Total I Fugitive PM2.5 Exhaust PM2.5 I PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 I N20 CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.00000.00000.000.0000 ffi 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 4.0 Operational Detail - Mobile 4.1 Mitigation Measures Mobile ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total I Fugitive PM2.5 Exhaust PM2.5 PM2.5 Bio- CO2 Total NBio- CO2 Total CO2 CH4 N20 CO2e Category lb/day lb/day Mitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 4.2 Trip Summary Information Average Daily Trip Rate Unmitigated Mitigated Land Use Weekday Saturday Sunday Annual VMT Annual VMT Other Non -Asphalt Surfaces 0.00 0.00 0.00 Total 0.00 0.00 0.00 4.3 Trip Type Information Miles Trip % Trip Purpose % Land Use H-W or C-W H-S or C-C H-O or C-NW H-W or C- H-S or C-C H-O or C-NW Primary Diverted Pass -by Other Non -Asphalt Surfaces 16.60 8.40 6.90 0.00 0.00 0.00 0 0 0 4.4 Fleet Mix 5.0 Energy Detail Historical Energy Use: N 5.1 Mitigation Measures Energy ROG NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust I PM2.5 Bio- CO21 NBio- Total CO2 CH4 N20 CO2e PM10 PM10 Total PM2.5 PM2.5 Total CO2 Category lb/day lb/day NaturalGas 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated NaturalGas 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated 5.2 Energy by Land Use - NaturalGas Unmitiqated NaturalGa s Use ROG I NOx I CO I S02 I Fugitive PM10 Exhaust PM10 I PM10 Total I Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 I NBio- CO2 Total CO2 CH4 I N20 I CO Land Use kBTU/yr lb/day lb/day Other Non -Asphalt 0 Surfaces 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated NaturalGa s Use ROG I NOx I CO I S02 I Fugitive PM10 Exhaust PM10 I PM10 Total I Fugitive PM2.5 I Exhaust PM2.5 PM2.5 Total Bio- CO2 I NBio- CO2 Total CO2 CH4 I N20 I CO Land Use kBTU/yr lb/day lb/day Other Non -Asphalt 0 Surfaces 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 6.0 Area Detail 6.1 Mitigation Measures Area ROG NOx CO SO2 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bio- CO2 NBio- Total CO2 CH4 N2O CO2e I I I PM10 PM10 Total PM2.5 PM2.5 Total CO2 Category lb/day lb/day Mitigated 3.2200e- 1.00OOe- 7.5000e- 0.0000 0.0000 0.0000 0.0000 0.0000 1.6000e- 1.6000e- 0.0000 1.7100e- 003 005 004 003 003 003 Unmitigated 3.2200e- 1.00OOe- 7.5000e- 0.0000 0.0000 0.0000 0.0000 0.0000 1.6000e- 1.6000e- 0.0000 1.7100e- 003 005 004 003 003 003 6.2 Area by SubCategory Unmitigated ROG NOx CO SO2 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bio- CO2 NBio- Total CO2 CH4 N2O CO2e PM10 I PM10 Total PM2.5 PM2.5 Total CO2 SubCategory lb/day lb/day Architectural 5.6000e- 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Coating 004 Consumer 2.5900e- 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Products 003 Landscaping 7.00OOe- 1.00OOe- 7.5000e- 0.0000 0.0000 0.0000 0.0000 0.0000 1.6000e- 1.6000e- 0.0000 1.7100e- 005 005 004 003 003 003 Total 3.2200e- 1.00OOe- 7.5000e- 0.0000 0.0000 0.0000 0.0000 0.0000 1.6000e- 1.6000e- 0.0000 1.7100e- 003 005 004 003 003 003 Mitigated ROG NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bio- CO2 NBio- Total CO2 CH4 N20 CO2e PM10 PM10 Total PM2.5 PM2.5 Total CO2 SubCategory lb/day JAI lb/day Architectural 5.60OOe- 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Coating 004 Consumer 2.5900e- 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Products 003 Landscaping 7.00OOe- 1.00OOe- 7.5000e- 0.0000 0.0000 0.0000 0.0000 0.0000 1.6000e- 1.6000e- 0.0000 1.7100e- 005 005 004 003 003 003 Total 3.2200e- 1.000Oe- 7.50OOe- 0.0000 0.0000 0.0000 0.0000 0.0000 1.6000e- 1.6000e- 0.0000 1.7100e- 003 005 004 003 003 003 7.0 Water Detail 7.1 Mitigation Measures Water 8.0 Waste Detail 8.1 Mitigation Measures Waste 9.0 Operational Offroad Equipment Type Number Hours/Day Days/Year Horse Power Load Factor Fuel Type 10.0 Stationary Equipment Fire Pumps and Emergency Generators Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type Boilers Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type User Defined Equipment Equipment Type Number 11.0 Vegetation CalEEMod Version: CaIEEMod.2016.3.2 Page 1 of 1 Santa Gertrudis Creek Trail - South Coast Air Basin, Annual 1.0 Project Characteristics 1.1 Land Usage 1.2 Other Project Characteristics Urbanization Urban Wind Speed (m/s) Climate Zone 10 Utility Company CO2 Intensity (lb/MWhr) Southern California Edison 702.44 CH4 Intensity (Ib/MWhr) 1.3 User Entered Comments & Non -Default Data Project Characteristics - Land Use - Construction Phase - Project Schedule Trips and VMT - Calculated outside of CalEEMod Demolition - 260 CY concrete = 510 Tons Grading - Import 176 CY Soil Architectural Coating - Energy Use - Santa Gertrudis Creek Trail South Coast Air Basin, Annual 2.2 Precipitation Freq (Days) 31 Operational Year 2022 0.029 N20Intensity 0.006 (Ib/MWhr) Date: 2/18/2021 4:07 PM Construction Off -road Equipment Mitigation - Off -road Equipment - Table Name Column Name Default Value New Value tblCon structionPhase NumDays 5.00 20.00 tblCon structionPhase NumDays 100.00 90.00 tblConstruction Phase NumDays 10.00 15.00 tblConstruction Phase NumDays 2.00 10.00 tblConstruction Phase NumDays 5.00 0.00 tblConstruction Phase NumDays 1.00 0.00 tblGrading Material Imported 0.00 176.00 tblTripsAndVMT HaulingTripN umber 50.00 0.00 tblTripsAndVMT HaulingTripNumber 17.00 0.00 tblTripsAndVMT VendorTripNumber 1.00 0.00 tblTripsAndVMT VendorVehicleClass HDT_Mix HHDT tblTripsAndVMT WorkerTripNumber 10.00 0.00 tblTripsAndVMT WorkerTripNumber 5.00 0.00 tblTripsAndVMT WorkerTripNumber 10.00 0.00 tblTripsAndVMT IL WorkerTripNumber 3.00 0.00 tblTripsAndVMT WorkerTripNumber 18.00 0.00 tblTripsAndVMT WorkerTripNumber 1.00 0.00 2.0 Emissions Summary 2.1 Overall Construction Unmitigated Construction PM10 I PM10 I Total I PM2.5 I PM2.5 I Total I I CO2 Year tons/yr MT/yr 2021 0.0177 0.1705 0.1673 2.6000e- 9.2200e- 9.5700e- 0.0188 2.9000e- 8.9700e- 0.0119 0.0000 23.0199 23.0199 5.6600e- 0.0000 23.1614 004 003 003 003 003 003 2022 0.0271 0.2600 0.2685 4.3000e- 0.0000 0.0138 0.0138 0.0000 0.0128 0.0128 0.0000 37.6050 37.6050 0.0115 0.0000 37.8925 004 Maximum J 0.0271 0.2600 0.2685 4.3000e- 9.2200e- 0.0138 0.0188 2.9000e- 0.0128 0.0128 0.0000 37.6050 37.6050 0.0115 0.0000 37.8925 004 003 003 Mitigated Construction ROG NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bio- CO2 NBio- Total CO2 CH4 N20 CO2e I I I PM10 I PM10 Total PM2.5 PM2.5 To CO2 Year tons/yr MT/yr 2021 0.0177 0.1705 0.1673 2.6000e- 3.6000e- 9.5700e- 0.0132 1.1300e- 8.9700e- 0.0101 0.0000 23.0199 23.0199 5.6600e- 0.0000 23.1614 004 003 003 I 003 003 003 2022 0.0271 0.2600 0.2685 4.3000e- 0.0000 0.0138 0.0138 0.0000 0.0128 0.0128 0.0000 37.6049 37.6049 0.0115 0.0000 37.8925 004 Maximum 0.0271 0.2600 0.2685 4.3000e- 3.6000e- 0.0138 0.0138 1.1300e- 0.0128 0.0128 0.0000 37.6049 37.6049 0.0115 0.0000 37.8925 004 003 003 ROG NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bio- CO2 NBio- Total CO2 CH4 N20 CO2e PM10 PM10 Total PM2.5 PM2.5 Total CO2 Percent 0.00 0.00 0.00 0.00 60.95 0.00 17.26 61.03 0.00 7.18 0.00 0.00 0.00 0.00 0.00 0.00 Reduction Quarter Start Date End Date Maximum Unmitigated ROG + NOX (tons/quarter) Maximum Mitigated ROG + NOX (tons/quarter) 1 11-1-2021 1-31-2022 0.2558 0.2558 2 2-1-2022 4-30-2022 0.1968 0.1968 3 5-1-2022 7-31-2022 0.0037 0.0037 Highest 0.2558 0.2558 2.2 Overall Operational Unmitigated Operational ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 774 0 1 CO2e Category tons/yr MT/yr Area 5.8000e- 004 0.0000 9.00OOe- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.8000e- 004 1.8000e- 004 0.0000 0.0000 1.9000e- 004 Energy 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mobile 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Waste 0.0000 0.0000 0.0000 =00 0.0000 0.0000 0.0000 0.0000 0.0000 Water 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 5.8000e- 004 0.0000 9.00OOe- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.8000e- 004 1.8000e- 004 0.0000 0.0000 1.9000e- 004 Mitigated Operational ROG NOx CO S02 Fugitive PM10 I Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N20 CO2e Category tons/yr MT/yr Area 5.8000e- 004 0.0000 9.00OOe- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.8000e- 004 1.8000e- 004 0.0000 0.0000 1.9000e- 004 Energy 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mobile 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Waste �-] 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Water 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 5.8000e- 004 0.0000 9.00OOe- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.8000e- 004 1.8000e- 004 0.0000 0.0000 1.9000e- 004 ROG NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bio- CO2 NBlo-0O2 Total CH4 N20 CO2e PM10 PM10 Total PM2.5 PM2.5 Total CO2 Percent 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Reduction 3.0 Construction Detail Construction Phase Phase Number Phase Name Phase Type Start Date End Date Num Days Week Num Days Phase Description 1 Demolition Demolition 11/1/2021 11/19/2021 5 15 2 1 Site Preparation Site Preparation 11/22/2021 11/21/2021 5 0 3 Grading Grading 11/22/2021 12/3/2021 5 10 4 Building Construction Building Construction 12/6/2021 4/8/2022 5 90 5 Paving Paving 4/7/2022 4/6/2022 5 0 6 Architectural Coating Architectural Coating 4/11/2022 5/6/2022 5 20 Acres of Grading (Site Preparation Phase): 0 Acres of Grading (Grading Phase): 0 Acres of Paving: 0.17 Residential Indoor: 0; Residential Outdoor: 0; Non -Residential Indoor: 0; Non -Residential Outdoor: 0; Striped Parking Area: 439 OffRoad Equipment Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor Demolition Concrete/Industrial Saws 1 8.00 81 0.7 Demolition Rubber Tired Dozers 1 1.00 247 0.4 Demolition Tractors/Loaders/Backhoes 2 6.00 97 0.3 Site Preparation Graders 1 8.00 187 0.41 Site Preparation Tractors/Loaders/Backhoes 1 8.00 97 0.3 Grading Concrete/Industrial Saws 1 8.00 81 0.7 Grading Rubber Tired Dozers 1 1.00 247 0.4 Grading Tractors/Loaders/Backhoes 2 6.00 97 0.3 Building Construction Cranes 1 4.00 231 0.2 Building Construction Forklifts 2 6.00 89 0.2 Building Construction Tractors/Loaders/Backhoes F 00 97 0.3 Paving Cement and Mortar Mixers 4 6.00 9 0.5 Paving Pavers 1 7.00 130 0.4 Paving Rollers 1 7.00IF- 80 0.3 Paving Tractors/Loaders/Backhoes 1 7.00 97 0.3 Architectural Coating Air Compressors 1 6.00 78 0.4 Trips and VMT Phase Name Offroad Equipment Count Worker Trip Number Vendor Trip Number Hauling Trip Number Worker Trip Length Vendor Trip Length Hauling Trip Length Worker Vehicle Class Vendor Vehicle Class Hauling Vehicle Class Demolition 4 0.00 0.00 0.00 14.70 6.90 20.00 LD Mix HDT Mix HHDT Site Preparation 2 0.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT Grading 4 0.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT Building Construction 5 0.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HHDT HHDT Paving 7 0.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix HHDT Architectural Coating 1 0.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix 1 HHDT 3.1 Mitigation Measures Construction Water Exposed Area 3.2 Demolition - 2021 Unmitigated Construction On -Site ROG NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 NBio- Total CO2 CH4 N20 CO2e I I I PM10 I PM10 Total PM2.5 I PM2.5 I Total IBio-CO21 CO2 I Category tons/yr MT/yr Fugitive Dust 5.4600e- 0.0000 5.4600e- 8.3000e- 0.0000 8.3000e- 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 003 003 004 004 Off -Road 5.9700e- 0.0544 0.0568 9.000Oe- 3.0600e- 3.0600e- 2.9100e- 2.9100e- 0.0000 7.8070 7.8070 1.4500e- 0.0000 7.8434 003 005 003 003 003 003 003 Total 5.9700e- 0.0544 0.0568 9.000Oe- 5.4600e- 3.0600e- 8.5200e- 8.3000e- 2.9100e- 3.7400e- J 0.0000 7.8070 7.8070 1.4500e- 0.0000 7.8434 003 005 003 003 003 004 003 003 003 Unmitigated Construction Off -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N20 CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitiaated Construction On -Site ROG NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bio- CO2 NBio- Total CO2 CH4 N20 CO2e PM10 PM10 Total PM2.5 PM2.5 Total CO2 I Category tons/yr MT/yr Fugitive Dust 2.1300e- 0.0000 2.1300e- 3.2000e- 0.0000 3.2000e- 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 003 003 004 004 Off -Road 5.9700e- 0.0544 0.0568 9.000Oe- 3.0600e- 3.0600e- 2.9100e- 2.9100e- 0.0000 7.8070 7.8070 1.4500e- 0.0000 7.8434 003 005 003 003 003 003 003 Total 5.9700e- 0.0544 0.0568 9.000Oe- 2.1300e- 3.0600e- 5.1900e- 3.2000e- 2.9100e- 3.2300e- 0.0000 7.8070 7.8070 1.4500e- 0.0000 7.8434 003 005 003 003 003 004 003 003 1 1 003 Mitigated Construction Off -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N20 CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 IM70.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 3.3 Site Preparation - 2021 Unmitiaated Construction On -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Bio- CO2 Total NBio- CO2 Total CO2 CH4 N20 CO2e Category tons/yr MT/yr Fugitive Dust 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off -Road 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated Construction Off -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N20 CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Construction On -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Bio- CO2 Total NBio- CO2 I Total CO2 CH4 N20 CO2e Category tons/yr MT/yr Fugitive Dust 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off -Road 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitiaated Construction Off -Site ROG NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 NBio- Total CO2 CH4 N20 CO2e I I I PM10 I PM10 Total I PM2.5 PM2.5 I Total IBio-CO21 CO2 I Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 3.4 Grading - 2021 Unmitigated Construction On -Site ROG NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bio- CO2 NBio- Total CO2 CH4 N20 CO2e PM10 PM10 Total PM2.5 PM2.5 Total CO2 Category tons/yr MT/yr Fugitive Dust 3.7600e- 0.0000 3.7600e- 2.0700e- 0.0000 2.0700e- 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 003 003 003 003 Off -Road 3.9800e- 0.0363 0.0379 6.000Oe- 2.0400e- 2.0400e- 1.9400e- 1.9400e- 0.0000 5.2047 5.2047 9.7000e- 0.0000 5.2289 003 005 003 003 003 003 004 Total 3.9800e- 0.0363 0.0379 6.000Oe- 3.7600e- 2.0400e- 5.8000e- 2.0700e- 1.9400e- 4.0100e- 0.0000 5.2047 5.2047 9.7000e- 0.0000 5.2289 003 005 003 003 003 003 003 003 004 Unmitigated Construction Off -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Bio- CO2 Total NBio- CO2 ITotalCO2 CH4 N20 CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.000o 0.00o0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Construction On -Site ROG NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bio- CO21 NBio- Total CO2 CH4 N20 CO2e PM10 I PM10 Total PM2.5 I PM2.5 Total CO2 I Category tons/yr MT/yr Fugitive Dust 1.4700e- 0.0000 1.4700e- 8.1000e- 0.0000 8.1000e- 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 003 003 004 004 Off -Road 3.9800e- 0.0363 0.0379 6.000Oe- 2.0400e- 2.0400e- 1.9400e- 1.9400e- 0.0000 5.2047 5.2047 9.7000e- 0.0000 5.2289 003 005 003 003 003 003 004 Total 3.9800e- 0.0363 0.0379 6.000Oe- 1.4700e- 2.0400e- 3.5100e- 8.1000e- 1.9400e- 2.7500e- 0.0000 5.2047 5.2047 9.7000e- 0.0000 5.2289 003 005 003 003 003 004 003 003 004 Mitiaated Construction Off -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 I N20 CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 3.5 Building Construction - 2021 Unmitigated Construction On -Site ROG NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bio- CO2 NBio- Total CO2 CH4 N20 CO2e I I I PM10 I PM10 Total PM2.5 I PM2.5 I Total CO2 I Category tons/yr MT/yr Off -Road 7.7500e- 0.0799 0.0726 1.1000e- 4.4800e- 4.4800e- 4.1200e- 4.1200e- 0.0000 10.0082 10.0082 3.2400e- 0.0000 10.0891 003 004 003 003 003 003 003 Total 7.7500e- 0.0799 0.0726 1.1000e- 4.4800e- 4.4800e- 4.1200e- 4.1200e- 0.0000 10.0082 10.0082 3.2400e- 0.0000 10.0891 003 004 003 003 003 003 003 Unmitigated Construction Off -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N20 CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 I 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Construction On -Site ROG NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 NBio- Total CO2 CH4 N20 CO2e I I I PM10 I PM10 Total PM2.5 I PM2.5 I Total IBio-CO21 CO2 I Category tons/yr MT/yr Off -Road 7.7500e- 0.0799 0.0726 1.1000e- 4.4800e- 4.4800e- 4.1200e- 4.1200e- 0.0000 10.0082 10.0082 3.2400e- 0.0000 10.0891 003 004 003 003 003 003 003 Total 7.7500e- 0.0799 0.0726 1.1000e- 4.4800e- 4.4800e- 4.1200e- 4.1200e- 0.0000 10.0082 10.0082 3.2400e- 0.0000 10.0891 003 004 003 003 003 003 003 Mitigated Construction Off -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 I PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N20 CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 3.5 Building Construction - 2022 Unmitiaated Construction On -Site ROG NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bio- CO2 NBio- Total CO2 CH4 N20 CO2e I I I PM10 I PM10 Total PM2.5 I PM2.5 I Total CO2 I Category tons/yr MT/yr Off -Road 0.0240 0.2459 0.2503 4.00OOe- 0.0130 0.0130 0.0120 0.0120 0.0000 35.0517 35.0517 0.0113 0.0000 35.3351 004 Total 0.0240 0.2459 0.2503 4.00OOe- 0.0130 0.0130 0.0120 0.0120 0.0000 35.0517 35.0517 0.0113 0.0000 35.3351 004 Unmitigated Construction Off -Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Construction On -Site ROG NOx CO SO2 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bio- CO2 NBio- Total CO2 CH4 N2O CO2e I I I PM10 I PM10 Total PM2.5 I PM2.5 I Total CO2 I Category tons/yr MT/yr Off -Road 0.0240 0.2459 0.2503 4.00OOe- 0.0130 0.0130 0.0120 0.0120 0.0000 35.0517 35.0517 0.0113 0.0000 35.3351 004 Total 0.0240 0.2459 0.2503 4.00OOe- 0.0130 0.0130 0.0120 0.0120 0.0000 35.0517 35.0517 0.0113 0.0000 35.3351 004 Mitiaated Construction Off -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 ITotaICO2 CH4 N20 CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 3.6 Paving - 2022 Unmitigated Construction On -Site ROG I NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Bio- CO2 Total NBio- CO2 ITotaICO2 CH4 I N20 CO2e Category tons/yr MT/yr Off -Road 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitiaated Construction Off -Site ROG NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 NBio- Total CO2 CH4 N20 CO2e I I I PM10 I PM10 Total I PM2.5 PM2.5 I Total IBio-CO21 CO2 I Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Construction On -Site ROG I NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Bio- CO2 Total NBio- CO2 Total CO2 CH4 N20 CO2e Category tons/yr MT/yr Off -Road 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Construction Off -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Bio- CO2 Total NBio- CO2 ITotaICO2 CH4 N20 CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 3.7 Architectural Coating - 2022 Unmitigated Construction On -Site ROG NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bio- CO2 NBio- Total CO2 CH4 N20 CO2e PM10 PM10 Total PM2.5 PM2.5 Total CO2 Category tons/yr MT/yr Archit. Coating 1.0200e- 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 003 Off -Road 2.0500e- 0.0141 0.0181 3.000Oe- 8.2000e- 8.2000e- 8.2000e- 8.2000e- 0.0000 2.5533 2.5533 1.7000e- 0.0000 2.5574 003 005 004 004 004 004 004 Total 3.0700e- 0.0141 0.0181 3.000Oe- 8.2000e- 8.2000e- 8.2000e- 8.2000e- 0.0000 2.5533 2.5533 1.7000e- 0.0000 2.5574 003 005 004 004 004 004 004 Unmitiaated Construction Off -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 I N20 CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Construction On -Site ROG NOx CO S02 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bio- CO2 NBio- Total CO2 CH4 N20 CO2e PM10 PM10 Total PM2.5 PM2.5 Total CO2 Category tons/yr MT/yr Archit. Coating 1.0200e- 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 003 Off -Road 2.0500e- 0.0141 0.0181 3.00OOe- 8.2000e- 8.2000e- 8.2000e- 8.2000e- 0.0000 2.5533 2.5533 1.7000e- 0.0000 2.5574 003 005 004 004 004 004 004 Total 3.0700e- 0.0141 0.0181 3.00OOe- 8.2000e- 8.2000e- 8.2000e- 8.2000e- 0.0000 2.5533 2.5533 1.7000e- 0.0000 2.5574 003 005 004 004 004 004 004 Mitigated Construction Off -Site ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 ITotalCO2 CH4 N20 I CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 4.0 Operational Detail - Mobile 4.1 Mitigation Measures Mobile ROG NOx CO S02 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Bio- CO2 Total NBio- CO2 jTotalCO21 CH4 I N20 CO2e Category tons/yr MT/yr Mitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 4.2 Trip Summary Information Average Daily Trip Rate Unmitigated Mitigated Land Use Weekday Saturday Sunday Annual VMT Annual VMT Other Non -Asphalt Surfaces 0.00 0.00 0.00 Total 0.00 0.00 0.00 4.3 Trip Type Information Miles Trip % Trip Purpose % Land Use H-W or C-W H-S or C-C H-O or C-NW H-W or C- H-S or C-C H-O or C-NW Primary Diverted Pass -by Other Non -Asphalt Surfaces 16.60 8.40 6.90 0.00 0.00 0.00 0 0 0 4.4 Fleet Mix 5.0 Energy Detail Historical Energy Use: N 5.1 Mitigation Measures Energy ROG NOx CO SO2 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bio- CO2 NBio- Total CO2 CH4 N2O CO2e PM10 PM10 Total PM2.5 I PM2.5 Total CO2 Category tons/yr MT/yr Electricity 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Electricity 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated L: �E: NaturalGas 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated NaturalGas 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated 5.2 Energy by Land Use - NaturalGas Unmitiqated NaturalGa ROG s Use NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr tons/yr MT/yr Other Non -Asphalt 0 0.0000 Surfaces 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated NaturalGa ROG s Use I NOx I CO SO2 I Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 I Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 I N2O I CO2e Land Use kBTU/yr tons/yr MT/yr Other Non -Asphalt 0 0.0000 Surfaces 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 5.3 Energy by Land Use - Electricity Unmitiqated Electricity Total CO2 Use CH4 I N2O CO2e Land Use kWh/yr MT/yr Other Non -Asphalt Surfaces 0 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 Mitigated Electricity Total CO2 Use CH4 I N2O I CO2e Land Use kWh/yr MT/yr Other Non -Asphalt Surfaces 0 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 6.0 Area Detail 6.1 Mitigation Measures Area ROG NOx CO SO2 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bio- CO2 NBio- Total CO2 CH4 N2O CO2e I I PM10 I PM10 Total PM2.5 I PM2.5 Total CO2 I Category tons/yr MT/yr Mitigated 5.80OOe- 0.0000 9.00OOe- 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.8000e- 1.8000e- 0.0000 0.0000 1.9000e- 004 005 004 004 004 Unmitigated 5.8000e- 0.0000 0.0000 0.0000 0.0000 0.0000 1.8000e- 0.0000 0.0000 1.9000e- 004 �F9.00OOe- 005 [0.�0.0000 [1:8me- 004 004 004 6.2 Area by SubCategory Unmitigated Consumer 4.7000e- Products 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Landscaping 1.00OOe- 0.0000 9.00OOe- 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.8000e- 1.8000e- 0.0000 0.0000 1.9000e- 005 005 004 004 004 Total 5.800Oe- 0.0000 9.00OOe- 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.80OOe- 1.8000e- 0.0000 0.0000 1.9000e- 004 005 004 004 004 Mitigated ROG NOx CO SO2 Fugitive Exhaust PM10 Fugitive Exhaust PM2.5 Bio- CO2 NBio- Total CO2 CH4 N2O CO2e I PM10 PM10 Total PM2.5 I PM2.5 To CO2 SubCategory tons/yr MT/yr Architectural 1.00OOe- 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Coating 004 Consumer 4.7000e- 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Products 004 Landscaping 1.00OOe- 0.0000 9.00OOe- 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.8000e- 1.8000e- 0.0000 0.0000 1.9000e- 005 005 004 004 004 Total 5.8000e- 0.0000 9.00OOe- 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 1.8000e- 1.8000e- 0.0000 0.0000 1.9000e- 004 005 004 004 004 7.0 Water Detail 7.1 Mitigation Measures Water Unmitigated 0.0000 0.0000 0.0000 0.0000 7.2 Water by Land Use Unmitigated Indoor/Out door Use Total CO2 CH4 N2O I 7O2e Land Use Mgal MT/yr Other Non -Asphalt Surfaces 0/0 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 Mitigated Indoor/Out door Use Total CO2 CH4 N2O 7O2e Land Use Mgal MT/yr Other Non -Asphalt Surfaces 0/0 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 8.0 Waste Detail 8.1 Mitigation Measures Waste Category/Year Total CO2 CH4 I N2O CO2e MT/yr Mitigated 0.0000 0.0000 0.0000 0.0000 Unmitigated 0.0000 0.0000 0.0000 0.0000 8.2 Waste by Land Use Unmitigated Waste Disposed Total CO2 CH4 N2O I CO2e Land Use tons MT/yr Other Non -Asphalt Surfaces 0 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 Mitigated Waste Disposed Total CO2 CH4 I N20 I CO2e Land Use tons MT/yr Other Non -Asphalt Surfaces 0 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 9.0 Operational Offroad Equipment Type Number Hours/Day Days/Year Horse Power Load Factor Fuel Type 10.0 Stationary Equipment Fire Purl and Emeraencv Generators Equipment Type I Number I Hours/Day I Hours/Year I Horse Power I Load Factor I Fuel Type I Boilers Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type User Defined Equipment Equipment Type Number 11.0 Vegetation Appendix B Biological Resources Technical Report ESA Draft SANTA GERTRUDIS CREEK TRAIL PHASE II UNDERCROSSING AT MARGARITA ROAD PROJECT Biological Technical Report Prepared for EXP U.S. Services, Inc. January 2022 F ESA J Draft SANTA GERTRUDIS CREEK TRAIL PHASE II UNDERCROSSING AT MARGARITA ROAD PROJECT Biological Technical Report Prepared for D<P U.S. Services, Inc. 2121 Alton Parkway Suite 100 Irvine, CA 92606 949.753.7001 esassoc.com Bend Orlando San Jose Camarillo Pasadena Santa Monica Delray Beach Petaluma Sarasota Destin Portland Seattle Irvine Sacramento Tampa Los Angeles San Diego Oakland San Francisco D201901440 January 2022 F ESA J OUR COMMITMENT TO SUSTAINABILITY I ESA helps a variety of public and private sector clients plan and prepare for climate change and emerging regulations that limit GHG emissions. ESA is a registered assessor with the California Climate Action Registry, a Climate Leader, and founding reporter for the Climate Registry. ESA is also a corporate member of the U.S. Green Building Council and the Business Council on Climate Change (BC3). Internally, ESA has adopted a Sustainability Vision and Policy Statement and a plan to reduce waste and energy within our operations. This document was produced using recycled paper. TABLE OF CONTENTS Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project Paqe 1.0 Introduction.....................................................................................................................1 1.1 Project Description..................................................................................................1 1.2 Methods...................................................................................................................2 2.0 Characteristics of Survey Area.....................................................................................5 2.1 Project Location......................................................................................................5 2.2 Soils and Topography.............................................................................................5 2.3 Plant Communities and Land Use..........................................................................9 2.4 Sensitive Natural Communities.............................................................................11 2.5 Wildlife...................................................................................................................13 2.6 Protected Trees.....................................................................................................19 2.7 Critical Habitat.......................................................................................................19 2.8 Aquatic Resources................................................................................................19 2.9 Wildlife Movement Corridors.................................................................................20 3.0 Regulatory Setting.......................................................................................................20 3.1 Federal and State Endangered Species Acts.......................................................20 3.2 Migratory Bird Treaty Act......................................................................................20 3.3 Clean Water Act....................................................................................................20 3.4 Native Plant Protection Act...................................................................................21 3.5 Section 15380 of the California Environmental Quality Act Guidelines ...............21 3.6 Sections 3503 and 3513 of the California Fish and Game Code.........................21 3.7 Section 1602 of the California Fish and Game Code...........................................22 3.8 City of Temecula Heritage Tree Ordinance..........................................................22 3.9 Western Riverside County MSHCP......................................................................22 3.10 Stephens' Kangaroo Rat Habitat Conservation Plan...........................................24 4.0 Potential Impacts to Biological Resources...............................................................24 4.1 Sensitive Natural Communities.............................................................................24 4.2 Special -Status Plants and Wildlife........................................................................25 4.3 Critical Habitat.......................................................................................................26 4.4 Wildlife Movement Corridors.................................................................................26 4.5 Western Riverside County MSHCP and Stephens' Kangaroo Rat HCP .............26 5.0 Minimization and Avoidance Measures.....................................................................29 5.1 Sensitive Natural Communities.............................................................................29 5.2 Nesting Birds.........................................................................................................30 5.3 Special -Status Wildlife..........................................................................................30 5.4 General Avoidance and Minimization Measures..................................................31 5.5 Western Riverside County MSHCP......................................................................31 6.0 References....................................................................................................................32 Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project I ESA /D201901440.00 Biological Technical Report January 2022 Table of Contents Page Appendices A. Floral and Faunal Compendia B. Photographic Log C. CNDDB and CNPS Database Search Results List of Figures Figure 1 Regional Location......................................................................................................6 Figure 2 Project Location.........................................................................................................7 Figure3 Soils............................................................................................................................8 Figure 4 Plant Communities and Land Use ...........................................................................10 Figure 5 Sensitive Biological Resources................................................................................12 List of Tables Table 1 Weather Details During Survey..................................................................................4 Table 2 Plant Communities and Land Use.............................................................................9 Table 3 Potentially Occurring Special -Status Wildlife Species within the Survey Area..........................................................................................................................15 Table 4 Potentially Occurring Special -Status Plant Species within the Survey Area ........... 18 Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project II ESA /D201901440.00 Biological Technical Report January 2022 SANTA GERTRUDIS CREEK TRAIL PHASE II UNDERCROSSING AT MARGARITA ROAD PROJECT Biological Technical Report 1.0 Introduction Environmental Science Associates (ESA) was retained by EXP U.S. Services to conduct an assessment of sensitive biological resources for the Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project (project) located in the city of Temecula, Riverside County, California. The assessment, conducted in accordance with the western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), was conducted within the 1.98-acre project site and a surrounding 500-foot buffer, collectively referred to as the "survey area". On - site and adjacent site conditions were evaluated for their potential to support sensitive biological resources, such as special -status species and associated habitats, wetlands and streams, and sensitive vegetation communities. This report provides an overview of the findings of biological database queries and field assessment. The report includes recommendations for avoiding or minimizing impacts to sensitive biological resources prior to the commencement of any ground - disturbing activities associated with the construction and operation of the project. 1.1 Project Description The proposed project will reconstruct approximately 610 feet of shared bicycle/pedestrian trail undercrossing beneath the overpass of Margarita Road. The proposed off-street paved undercrossing would begin where the existing grade of the trail ramps begin to elevate to meet the grade of the overcrossing of Margarita Road at the east and west sides, which is slightly north of the existing overcrossing site. The project would include the removal of existing pavement and soils to bring the existing trail to 5 percent grade at a new location beneath Margarita Road, and would include various utility improvements. Other aspects of the project include landscaping and slope improvements along the proposed alignment. Proposed Trail Connection Implementation of the project would include the demolition of the existing trail along the east and western sides of Margarita Road, which includes the removal of a minimum of 1 foot of existing aggregated concrete pavement and the compaction of existing soils to bring to grade the proposed trail. The proposed juncture of the existing trail and proposed undercrossing would be brought to a median elevation of 1,064.3 feet above mean sea level (amsl), which results in a 5 percent grade change to the lowest extent of the proposed trail on each side. The trail would adjoin the existing Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project ESA /D201901440.00 Biological Technical Report January 2022 Technical grade of 1,069 feet amsl at the western extent and 1,071.98 feet amsl at the eastern extent. The project would include the reconstruction and/or replacement of the existing retaining wall and channel slope paving and cut-off wall. A ground anchor wall is also proposed below the Margarita Road undercrossing, which would be used to retain the abutment end slope. Existing water valves and fixtures impacted by trenching of the soil to grade would be restored, along with curb and gutter replacements. It is anticipated that all conflicting surface utility facilities would either be protected in place or be relocated within the confines of the project boundary (including a 20-inch waterline owned by Rancho California Water District that would be relocated a maximum of 23-feet to the east). The proposed trail undercrossing will measure 610 feet long and 12 feet wide, and will be paved on compacted soil beneath Margarita Road, directly to the north of the existing overcrossing. A retaining wall would be constructed where the proposed shared -use path would encroach into the cut slopes of Santa Gertrudis Creek along the northern length of the existing trail. The proposed retaining wall would measure approximately 6 to 10 feet in height and would incorporate drainage V-ditches outside of the Margarita Road bridge. The existing pier wall near the Santa Gertrudis Creek and Flood Control facilities and posts beneath the Margarita Road overpass would be protected in place. The existing channel wall slope paving would be removed and reconstructed. As part of this process, articulated concrete blocks that currently extend into the bed of the creek, from the toe of the existing retaining wall, will be replaced with a comparable material that will improve the stability of the new infrastructure; this replacement will result in the removal of a minimal quantity of vegetation present within the channel; however, the new material will allow for this vegetation to regrow and persist following project completion. In addition, a tieback wall would be constructed to prevent erosion of the existing slopes, along the southern length of the proposed shared -use path. Access during the reconstruction of the channel wall, and the replacement of the articulated concrete blocks will result in additional temporary impacts to vegetation within the bed of the channel. The project would also include the installation of a 4-foot-high chain -link fence and a Type 5 retaining wall in accordance with Caltrans Standard Plans (133-1) along the north side of the proposed undercrossing. The retaining wall would serve as a barrier between the proposed shared - use path and the existing Santa Gertrudis Creek edge due to the proximity of the two facilities. Other Improvements Bike path signage would be installed throughout the project site to educate users of the trail on current laws and user responsibility. In addition, landscaping and slope improvements would be needed along the proposed shared -use path. The project does not include any installation of trail lighting. 1.2 Methods Literature Review Prior to conducting the field assessment, ESA conducted a query of available biological resource databases and literature, as well as available studies conducted within the immediate vicinity. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 2 ESA /D201901440.00 Biological Technical Report January 2022 Technical This information was used to identify sensitive biological resources that have been previously detected in the vicinity of the project site and to analyze the potential impacts that could result from the implementation of the project. • California Department of Fish and Wildlife (CDFW). 2021 a. California Natural Diversity Data Base (CNDDB). Database was queried for special status species records in the Murrieta USGS 7.5-minute quadrangle and eight surrounding quadrangles including Bachelor Mtn., Fallbrook, Lake Elsinore, Pechanga, Romoland, Temecula, Wildomar and Winchester. https://www.wildlife.ca.gov/Data/CNDDB/Maps-and-Data. Accessed January 14, 2021. • California Department of Fish and Wildlife (CDFW). 2020. California Natural Community List. Sacramento, CA: CDFW, Natural Heritage Division, 2020. • California Native Plant Society (CNPS). 2021. Inventory of Rare and Endangered Vascular Plants of California. Database was queried for special status species records in the Murrieta USGS 7.5-minute quadrangle and eight surrounding quadrangles including. Wildomar, Bachelor Mtn., Lake Elsinore, Romoland, Winchester, Fallbrook, Temecula, Pechanga. http://rareplants.cnps.org/. Accessed January 14, 2021. • Natural Resource Conservation Service (MRCS). 2021. Web Soil Survey. https://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm. Accessed January 14, 2021. • Dudek & Associates, Inc. (Dudek). 2003. Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). Prepared for County of Riverside, Transportation and Land Management Agency. • Riverside County Integrated Project (RCIP) RCA MSHCP Information Map. 2021. https://www.wrc-rca.org/rcamaps/. Accessed January 14, 2021. • U.S. Fish and Wildlife Service (USFWS). 2021. Critical Habitat Portal. https://fws.maps.arcgis.com/home/webmap/viewer.httnl?webmap=9d8de5e265ad4feO9893cf 75b8dbf677. Accessed January 4, 2021. Western Riverside County Consistency Analysis The proposed project is located within the western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) and the City of Temecula (permittee and lead agency) is a plan participant; therefore, ESA queried the Regional Conservation Authority MSHCP Conservation Map to determine the requirements for habitat assessments, focused surveys, and other issues related to biological resources (RCIP 2021). A discussion/analysis of consistency with the MSHCP is provided below in Section 3, Regulatory Setting, and Section 4, Potential Impacts to Biological Resources. Field Survey Biological Resources Assessment ESA biologists Robert Sweet and Karla Flores conducted a biological resources assessment on December 16, 2020. Weather data collected during the assessment is included below in Table 1, Weather Details During Survey. The survey consisted of walking transects and meandering throughout the study area to characterize and map vegetation and habitats, and to determine the potential for special -status plants and wildlife to occur. A focused rare plant survey was conducted concurrently, within and immediately surrounding proposed impact areas, as well, in Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 3 ESA /D201901440.00 Biological Technical Report January 2022 Technical accordance with the Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities (CDFW 2018). The results of the focused rare plant survey have been incorporated into this report. TABLE 1 WEATHER DETAILS DURING SURVEY Time Temperature (OF) Wind (mph) Clouds (%) Surveyors Start End Start End Start End Start End 7:30 14:15 47 73 0.6 1.2 0 0 Robert Sweet and Karla Flores All incidental, visual observations of flora and fauna, including sign (e.g., presence of scat) and any audible detections of wildlife, were noted during the assessment and are described below, in Section 2.5, Wildlife. All native and non-native plant communities and land uses were characterized and delineated on aerial photographs during the field survey, and then digitized on aerial maps using a geographic information system software (ArcGIS). Most descriptions of community and land use types were characterized in the field in accordance with A Manual of California Vegetation -Second Edition (Keeler -Wolf et al. 2009); however, some were characterized based on species dominance or other visual characteristics if a suitable alliance was not appropriate. A detailed description of each plant community and land use is provided below, in Section 2.3, Plant Communities and Land Uses. Burrowing Owl Habitat Assessment A burrowing owl habitat assessment and focused survey was conducted within the survey area concurrently with the biological resources assessment. The habitat assessment and focused survey followed the guidelines outlined in the 2006 Regional Conservation Authority (RCA) Burrowing Owl Survey Instructions for the Western Riverside Multiple Species Habitat Conservation Plan Area (RCA 2006). A qualified biologist familiar with burrowing owl identification, habitat, behavior, vocalizations, and sign performed the surveys by walking parallel transects throughout the survey area. Pedestrian transects were spaced no more than 100 feet apart, and spacing was adjusted as needed in areas of dense vegetation. Special attention was given to areas that provided suitable habitat for burrowing owl. If burrows of suitable size and morphology were encountered, each was mapped using ArcGIS Collector, and examined for signs of activity/occupancy such as feathers, whitewash and regurgitated pellets. Aquatic Resources Delineation An aquatic resources delineation was conducted concurrent with the biological resources assessment and burrowing owl habitat assessment. The survey methods and results are documented in a separate Aquatic Resources Delineation report (ESA 2021). Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 4 ESA /D201901440.00 Biological Technical Report January 2022 Technical 2.0 Characteristics of Survey Area 2.1 Project Location The project site is located at Margarita Road and the south side of Santa Gertrudis Creek in the city of Temecula, CA, as shown in Figure 1, Regional Location, and Figure 2, Project Location. The existing Santa Gertrudis Creek Trail (SGCT) is a 3-mile paved trail, which traverses from northeast to southwest in the city of Temecula and serves as both a recreational amenity and an active transportation alternative. The northeastern terminus of SGCT is located at Nakayama Park, near the intersection of Joseph Road and Nicolas Road. The trail is adjacent to the south side of Santa Gertrudis Creek, meanders to the north and passes under State Route 79 (SR-79), before reaching the southwestern terminus at Ynez Road near Winchester Road. The existing crossing of the SGCT is located at Margarita Road, which is a 100-foot-wide, four - lane divided collector street in the City of Temecula, with a posted speed limit of 45 miles per hour. At the crossing of the Santa Gertrudis Creek, Margarita Road narrows to 88 feet in width. Margarita Road has two lanes of traffic in each direction, with a partially landscaped median varying in width from 13 feet to 22 feet, a 7-foot northbound and 5-foot southbound Class II bike lane, and 6-foot sidewalks on both sides. The roadway grade varies from approximately 2 percent to 3 percent. The project site ranges in elevation, with the westernmost extent at 1,070 feet amsl, with the easternmost extent at 1,072 amsl. 2.2 Soils and Topography Based on review of the Natural Resources Conservation Services (MRCS) web soil survey, the survey area contains two soil types, Riverwash and Hanford coarse sandy loam. The Riverwash primarily occurs throughout the bed and banks Santa Gertrudis Creek, while the Hanford coarse sandy loam occurs within the upland areas that surround the creek (Figure 3, Soils) (MRCS 2020a). A brief description of the characteristics of each is provided below: Riverwash This soil association is considered excessively drained, and is typically comprised of sandy and gravelly alluvium derived from mixed sources. The soil profile consists of gravelly coarse sand from 0-6 inches and stratified extremely gravelly coarse sand to gravelly sand from 6-60 inches. This soil type is listed as hydric (MRCS 2021). Hanford coarse sandy loam, 0 to 2 percent slopes This soil association is considered well drained, and is typically comprised of stratified loamy sand to coarse sandy loam. The soil profile consists of coarse sandy loam from 0-8 inches, fine sandy loam from 8-40 inches and stratified loamy sand to coarse sandy loam from 40-60 inches. This soil is not listed as hydric (MRCS 2021). Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project rJ ESA /D201901440.00 Biological Technical Report January 2022 I ---r-r 60 Moreno Valley r'' 4Leke $.. ■ Perrisv .I -Cyoe_ j 74 ® Project Area I.•_ Sun City s \ Lake Lake Elsir. .- Cleveland National ^� Elsinore ForesJ��!�� Wildomar O� Santa Ana Mountains R © — — — \ Project Location — — — ` V , Temecula 371 Ri FRS O i' S41v o" pO� COIJ cCUNT •�' YI--------- I San Clemente v Camp Pendleton Marine Corps Base 76 Cleveland ® National Forest Bonsall Pauma Valley e 9 Oceanside Vista Valley Center 0 Carlsbad 78 San Marcos Lake n 0 8 Escondido Sutherland OMiles"p�r,San Pasqual SOURCE: ESRI Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project Figure 1 Regional Location r ESA f � SPRINGFIELDPL m ■ , z S i CHAR4ESTON ST "` Sa OEM— . �... '�- SOURCE: Nearmap, 2020. r ESA J Qx r r F t AUGUSTARD v 1 A •�' �� * '0RTLAND CS �. o MARGARITAS. - A �. '' JR ? :, • A7 Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project Figure 2 Project Location SOURCE: Nearmap, 2020; Web Soil Survey, 2020. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project r ESA J Figure 3 Soils Technical 2.3 Plant Communities and Land Use Plant communities and land use were characterized to map their extent and quantify their abundance within the survey area using ArcGIS. Plant taxonomy followed The Jepson Manual: Vascular Plants of California, Second Edition (Baldwin et al. 2012), and plant community descriptions were characterized using A Manual of California Vegetation, Second Edition Manual) (Sawyer et al. 2009). Plant communities and land use not identified within the Manual were characterized based on species dominance or other visual characteristics. The plant communities and land use mapped within the survey area includes annual grasses and forbs, Goodding's willow -sandbar willow riparian woodland/forest, hardstem bulrush marsh, tamarisk thickets, unvegetated streambed and disturbed/developed land use. These are depicted in Figure 4, Plant Communities and Land Use. Acreages of each vegetation community in the survey area are summarized below in Table 2, Plant Communities and Land Use. TABLE 2 PLANT COMMUNITIES AND LAND USE Plant Communities and Land Use Acres Annual Grasses and Forbs 0.807 Goodding's Willow -Sandbar Willow Riparian Woodland/Forest 1.187 Hardstem Bulrush Marsh 1.850 Tamarisk Thickets 0.262 Unvegetated Streambed 0.395 Disturbed/Developed 29.453 Grand Total 33.954 Annual Grasses and Forbs Annual grasses and forbs occur in drier portions of the bed of Santa Gertrudis Creek. This community supports a dense herbaceous layer primarily consisting of non-native grasses and forbs with a co -dominance of annual beard grass (Polypogon monspeliensis) and curly dock (Rumex crispus). Other herbaceous species interspersed throughout include annual ragweed (Ambrosia psilostachya), Italian ryegrass (Festuca perennis) and cocklebur (Xanthium strumarium). Goodding's Willow -Sandbar Willow Riparian Woodland/Forest 61.211.09 Goodding's willow -sandbar willow riparian woodland/forest occurs primarily as a narrow strip, along the northwestern edge of the bed of Santa Gertrudis Creek. One additional patch of this community type also occurs along the southeast boundary of the creek bed, immediately to the east of the Santa Margarita Bridge. This community is characterized by a prominence of Goodding's willow (Salix gooddingii) in the tree canopy, interspersed with various other shrub/small tree species, such as sandbar willow (Salix exigua). This community also supports a dense herbaceous layer of grass and forb species, such as annual beard grass, curly dock, tall flatsedge (Cyperus eragrostis) and hardstem bulrush (Schoenoplectus acutus). This community is considered sensitive under the 2020 California Department of Fish and Wildlife Natural Community List Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 9 ESA /D201901440.00 Biological Technical Report January 2022 SOURCE: Nearmap, 2020. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project r ESA J Figure 4 Plant Communities and Land Use Technical Hardstem Bulrush Marsh 52.128.00 Hardstem bulrush marsh occurs throughout much of the bed of Santa Gertrudis Creek. This community is characterized by a dense herbaceous layer dominated by hardstem bulrush, interspersed with various other species that include annual beard grass, cocklebur, curly dock, Mexican rush (Juncus mexicanus) and tall flatsedge. This community is considered sensitive under the 2020 California Department of Fish and Wildlife Natural Community List. Tamarisk Thickets 63.810.00 Tamarisk thickets occur along the bed of Santa Gertrudis Creek, in the western portion of the survey area. This community is characterized by an overwhelming dominance of tamarisk (Tamarix ramosissima) in the tree layer, and is interspersed throughout with various other trees, grasses and forbs, which include sandbar willow, tall flatsedge, curly dock, annual beard grass and cocklebur. Unvegetated Streambed Unvegetated streambed occurs under the Santa Margarita Bridge, within the bed of Santa Gertrudis Creek. This community is characterized as having little to no vegetation other than weedy, herbaceous growth. Species observed include annual beard grass, curly dock and cocklebur. Disturbed developed Disturbed/developed land use includes the manufactured concrete banks observed along Santa Gertrudis Creek, the concrete bridge/paved roadway along Margarita Road, the paved bike trail, and the surrounding commercial/industrial developments and associated parking lots/landscaped areas. These areas are either entirely or largely devoid of vegetation with the exception of some weedy non-native growth, which includes such species as short podded mustard (Hirschfeldia incana), and ornamental, planted trees that include red ironbark (Eucalyptus sideroxylon). 2.4 Sensitive Natural Communities Sensitive natural communities are defined by the California Department of Fish and Wildlife (CDFW) as those natural communities that have a reduced range and/or are imperiled as a result of residential and commercial development, agriculture, energy production, and mining, or an influx of invasive and other problematic species. Vegetation communities are evaluated using NatureServe's Heritage Methodology (NatureServe 2018), which is based on the knowledge of range and distribution of a specific vegetation type and the proportion of occurrences that are of good ecological integrity. Evaluation is done at both a global (natural range within and outside of California [G]) and subnational (State level for California [S]) level, each ranked from 1 ("critically imperiled" or very rare and threatened) to 5 (demonstrably secure). Natural communities and habitats with state ranks of S1 through S3 are considered sensitive natural communities and may require review when evaluating environmental impacts (CDFW 2020). Sensitive natural communities observed within the survey area are depicted within Figure 5, Sensitive Biological Resources. Goodding's willow -sandbar willow riparian woodland/forest has a global and state evaluation of G4/S3 and Hardstem bulrush marsh an evaluation of GNR/S3; therefore, both are designated as sensitive natural communities. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project ESA /D201901440.00 Biological Technical Report January 2022 Project Site Survey Area --- Santa Gertrudis Creek ° CDFW Sensitive Communities00 - Goodding's Willow -Sandbar Willow Riparian Woodland/Forest Hardstem bulrush marsh r 4104 40 An 'NJk Tv Pit 'd! SOURCE: Nearmap, 2020. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project Figure 5 r ESA Sensitive Biological Resources Technical 2.5 Wildlife Common Wildlife Common avian species observed during the field assessment include Anna's hummingbird (Calypte anna), marsh wren (Cistothorus palustris), American crow (Corvus brachyrhynchos), common yellowthroat (Geothlypis trichas), song sparrow (Melospiza melodia), California towhee (Melozone crissalis), Nuttall's woodpecker (Picoides nuttallii), ruby -crowned kinglet (Regulus calendula), black phoebe (Sayornis nigricans), yellow-rumped warbler (Setophaga coronata), lesser goldfinch (Spinus psaltria), house wren (Troglodytes aedon) and mourning dove (Zenaida macroura). Additional wildlife species detected during the assessment include California ground squirrel (Otospermophilus beecheyi), desert cottontail (Sylvilagus audubonii) and side -blotched lizard (Uta stansburiana). A number of other bird species and various reptile and mammal species are also likely to forage and/or breed throughout the survey area. A list of wildlife species observed, including those expected to occur within the survey area, is included in Appendix A, Floral and Faunal Compendia. Special Status Wildlife Special -status wildlife includes those animals that, because of their recognized rarity or vulnerability to various forms of habitat loss or population decline, are considered by federal, state, or other agencies to be imperiled. Some of these species receive specific protection that is defined by federal or state endangered species legislation and others have been designated as special -status on the basis of adopted local policies (i.e., city and county) or the educated opinion of respected resource interest groups (e.g., Western Bat Working Group [WBWG]). Special - status wildlife is defined as follows: • Wildlife listed or proposed for listing as threatened or endangered, or that are candidates for possible future listing as threatened or endangered, under the federal Endangered Species Act (FESA) or the California Endangered Species Act (CESA). • Wildlife that meet the definitions of rare or endangered under CEQA Guidelines Section 15380. • Wildlife designated by CDFW as species of special concern, included on the Watch List or are considered Special Animals. • Wildlife "fully protected" in California (Fish and Game Code Sections 3511, 4700, and 5050). • Bird species protected by the Migratory Bird Treaty Act (MBTA). • Bat species considered priority by the WBWG. • Covered Species under the MSHCP, Volume II, Section B, Species Accounts and/or Stephen's Kangaroo Rat Habitat Conservation Plan (SKR HCP). A review of the most recent California Natural Diversity Database (CNDDB) (CDFW 2021a) records for the survey area revealed that 63 special -status wildlife species have been previously recorded within the nine—USGS quadrangle search area. A complete list of the species generated Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 13 ESA /D201901440.00 Biological Technical Report January 2022 Technical in the CNDDB query are provided in Appendix C, CNDDB and CNPS Search Results. Species that are not expected to occur within the survey area based on an absence of suitable habitat, known geographic distributions, and/or range restrictions were omitted and are not discussed further in this report. Twelve special -status species, however, have varying levels of potential to occur within the survey area, based on the criteria provided below (see Table 3, Potentially Occurring Special -Status Wildlife Species within the Survey Area). • Low Potential: The survey area supports limited habitat for a particular species. For example, the appropriate vegetation assemblage may be present while the substrate preferred by the species may not be. • Moderate Potential: The survey area provides marginal habitat for a particular species. For example, the habitat may be heavily disturbed, affectively reducing its ability to support the species. • High Potential: The survey area provides suitable habitat conditions for a particular species and/or known populations occur in the immediate area. • Present: The species was observed while conducting a survey. Of the twelve special -status wildlife species listed in Table 3, eight have a moderate to high potential to occur within the survey area; these species include Cooper's hawk (Accipiter cooperii), least Bell's vireo (Vireo bellii pusillus), yellow warbler (Dendroica petechia ssp. brewsteri), yellow -breasted chat (Icteria vixens), pallid bat (Antrozous pallidus), Yuma myotis, coastal western whiptail (Aspidoscelis tigris ssp. stejnegeri), and coast horned lizard (Phrynosoma blainvillii). Special -Status Plants Special -status wildlife includes those animals that, because of their recognized rarity or vulnerability to various forms of habitat loss or population decline, are considered by federal, state, or other agencies to be imperiled. Some of these species receive specific protection that is defined by federal or state endangered species legislation and others have been designated as special -status on the basis of adopted local policies (i.e., city and county) or the educated opinion of respected resource interest groups (e.g., CNPS) Special -status plants are defined as follows: • Plants listed or proposed for listing as threatened or endangered, or are candidates for possible future listing as threatened or endangered, under FESA or CESA. • Plants that meet the definitions of rare or endangered under State CEQA Guidelines Section 15380. • Plants considered by the CNPS to be rare, threatened, or endangered (Rank IA, 1B, 2A and 2B plants) in California. • Plants listed by the CNPS as plants in which more information is needed to determine their status and plants of limited distribution (List 3 and 4 plants). • Plants listed as rare under the California Native Plant Protection Act (Fish and Game Code 1900 et seq.). • Covered Species under the MSHCP, Volume II, Section B, Species Accounts. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 14 ESA /D201901440.00 Biological Technical Report January 2022 Technical TABLE 3 POTENTIALLY OCCURRING SPECIAL -STATUS WILDLIFE SPECIES WITHIN THE SURVEY AREA Status Western (Federal/State/ Riverside Common Name Scientific Name Other) Habitat MSHCP Potential to Occur Amphibians Arroyo toad Anaxyrus californicus FE./SSC/None Riparian scrub, Riparian woodland, Covered Low. Riparian habitat is present within the survey desert wash, south coast flowing area; however, other habitat requirements, such as waters flowing water, shallow pooling, sandy/gravel bars, etc., are not met. Birds Cooper's hawk Accipiter cooperii None/WL, Cismontane woodland, riparian Covered High. Suitable foraging and nesting habitat is SA/None forest and woodland and upper present throughout survey area. montane coniferous forest. This species may forage and nest within 500 feet of the proposed project site. Burrowing owl Athene cunicu/aria BCC/SSC/None Various open habitat types Covered Low. Marginal foraging habitat for this species occurs including grasslands and low scrub throughout the annual grasses and forbs; however, communities, and is known to utilize no burrows of the appropriate size and morphology heavily disturbed areas for roosting were observed during the burrowing owl habitat and nesting purposes. assessment. Therefore, this species is not expected roost or nest within the survey area. Loggerhead shrike Lanius ludovicianus None/SSC/None Chaparral, coastal scrub. Covered Low. Suitable vegetation is present within the Grasslands, forests and riparian survey area; however, this species is generally woodlands. associated with large, open areas. Least Bell's vireo Vireo bellli ssp. pusillus FUSE, SA/None Riparian vegetation generally Covered Moderate. Marginal foraging and nesting habitat is ranging from coastal areas, up to present within the thin strip/isolated patch of 2,000 feet elevation (Psomas Goodding's willow -sandbar willow riparian 2008). woodland/forest. This species may forage and nest within 500 feet of the proposed project site. Yellow -breasted chat Icteria virens None/SSC/None Riparian forest, riparian scrub, Covered Moderate. Marginal foraging and nesting habitat is riparian woodland present within the thin strip/isolated patch of Goodding's willow -sandbar willow riparian woodland/forest. This species may forage and nest within 500 feet of the proposed project site. Yellow warbler Setophaga petechia None/SSC, Riparian woodland, Covered Moderate. Marginal foraging and nesting habitat is SA/None present within the thin strip/isolated patch of Goodding's willow -sandbar willow riparian woodland/forest. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 15 Biological Technical Report ESA /D201901440.00 January 2022 Technical Status Western (Federal/State/ Riverside Common Name Scientific Name Other) Habitat MSHCP Potential to Occur Amphibians Arroyo toad Anaxyrus californicus FE./SSC/None Riparian scrub, Riparian woodland, Covered Low. Riparian habitat is present within the survey desert wash, south coast flowing area; however, other habitat requirements, such as waters flowing water, shallow pooling, sandy/gravel bars, etc., are not met. Birds This species may forage and nest within 500 feet of the proposed project site. Mammals Pallid bat Antrozous pallidus None/SSC, Grasslands, shrublands, Not Covered Moderate. Marginal foraging and roosting habitat is SA/WBWG-H woodlands, and coniferous forests; present within the thin strip/isolated patch of most common in open, dry habitat Goodding's willow -sandbar willow riparian with rocky areas for roosting, as woodland/forest and under the Margarita Road well as abandon buildings and bridge. medal clad structures Species is This species may roost and breed within 500 feet of known to roost in cavities of oak the project site. trees (WBWG, 2021). Yuma myotis Myotis yumanensis None/None/ Riparian forest, riparian woodland, Not Covered Moderate. Marginal foraging and roosting habitat is WBWG-M low montane coniferous forest, present within the thin strip/isolated patch of upper montane coniferous forest Goodding's willow -sandbar willow riparian woodland/forest and under the Margarita Road bridge. This species may roost and breed within 500 feet of the project site. Reptiles Coastal western whiptail Aspidoscelis tigris ssp. stejnegeri None/SSC, SA/None Deserts and semiarid areas with sparse vegetation and open areas, woodland and riparian areas. Covered Moderate. Suitable habitat for this species is present throughout the bed of Santa Gertrudis Creek. Two -striped garter Thamnophis hammondii None/SSC/None Riparian woodland, Riparian scrub, Not covered Low. This species is highly aquatic and typically snake marsh and swamp, wetland found near permanent freshwater. Santa Gertrudis creek supports flowing periodically; however, is not likely sufficient to support populations of this species. Coast horned lizard Phrynosoma blainvillii None/SSC, Various habitats throughout Covered Moderate. Suitable habitat for this species is SA/None California, most commonly within present throughout the creek channel. However, no scrub and chaparral communities. Harvester ants (a known prey species for the horned lizard.) were detected during surveys Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 16 Biological Technical Report ESA /D201901440.00 January 2022 Technical Status Western (Federal/State/ Riverside Common Name Scientific Name Other) Habitat MSHCP Potential to Occur Amphibians Arroyo toad Anaxyrus californicus FE./SSC/None Riparian scrub, Riparian woodland, Covered Low. Riparian habitat is present within the survey desert wash, south coast flowing area; however, other habitat requirements, such as waters flowing water, shallow pooling, sandy/gravel bars, etc., are not met. Birds This species may occur within the proposed project impact area. Federal/State/Other Status: FE - Federally Endangered, BCC - Federal Bird of Conservation Concern; SE - State Endangered - SE, SSC - State Species of Special Concern, SA - State Special Animal, WL - State Watch List; WBWG - Western Bat Working Group List (H - high priority) Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 17 ESA /D201901440.00 Biological Technical Report January 2022 Technical A review of the CNDDB (CDFW 2021 a) and the CNPS Inventory of Rare and Endangered Plants (CNPS 2021) revealed 95 special -status plant species recorded within the 9—USGS quadrangle search. The potential for special -status plant species to occur is based on on -site vegetation and habitat quality, topography, elevation, soils, surrounding land uses, habitat preferences, and geographic ranges. Based on the absence of suitable habitat, known geographic distributions, and/or range restrictions, it was determined that many of the plant species do not have the potential to occur within the survey area and are therefore omitted from further discussion in this report. The three special -status plants listed in Table 4, Potentially Occurring Special -Status Plant Species within the Survey Area were determined to have varying potentials to occur, based on the criteria described below. • Not Expected: This species would have been observable in a vegetative state and was not detected during focused surveys. • Low Potential: The survey area only provides limited habitat for a particular species, for example, may support incorrect substrate with marginal vegetation or proper vegetation and an incorrect elevation range. • Moderate Potential: The survey area provides marginal habitat for a particular species, for example, may support suitable vegetation with incorrect substrate or elevation range. • High Potential: The survey area provides suitable habitat conditions for a particular species and/or known populations occur in the immediate vicinity. Based the presence of marginal or suitable habitat conditions, it was determined that there is a moderate potential for one special -status plant species to occur within the survey area, the smooth tarplant (Centromadia pungens ssp. laevis). TABLE 4 POTENTIALLY OCCURRING SPECIAL -STATUS PLANT SPECIES WITHIN THE SURVEY AREA Common Name Scientific Name Status (Federal/State/ Other) Habitat Western Riverside MSHCP Potential to Occur Nevin's Berberis nevinii FE/SE/1 B.1 Riparian scrub, Covered Not Expected. Marginal barberry chaparral, coastal habitat for this species occurs scrub, cismontane within the riparian scrub; woodland however, the closest known occurrences are located in the hills that surround Vail Lake, more than 10 miles to the southeast of the survey area. Further, this perennial shrub would have been identifiable in a vegetative state and was not observed during focused surveys. Smooth Centromadia None/None/1 B.1 Frequently Covered Moderate. While alkaline tarplant pungens ssp. laevis associated with conditions were not apparent alkaline soils along during the biological the margins of assessment, suitable habitat marshes and for the species is present swamps, valley and along the margins of the foothill grassland riparian and marsh vegetation and vernal pools. and throughout the Commonly found in grasses/forbs. disturbed areas. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 18 ESA /D201901440.00 Biological Technical Report January 2022 Technical Common Name Scientific Name Status (Federal/State/ Other) Habitat Western Riverside MSHCP Potential to Occur White- Pseudognaphalium None/None/2B.2 Sandy or gravelly Not Not Expected. In general, rabbit leucocephalum benches along dry Covered the vegetation and substrate tobacco drainages, within within the survey area is too coastal scrub, dense and moist, chaparral respectively, to support this communities. species. Further, the focused rare plant survey was conducted just outside of the blooming period for this species, and it would have been identifiable if present. 2.6 Protected Trees The City of Temecula Heritage Tree Ordinance, Chapter 8.48 of the Municipal Code, is intended to "protect and preserve Oak, California bay laurel, California black walnut, California Holly, California Sycamore trees and other trees of special significance to the community" (TMC 2021). Oak trees (Quercus species) protected under this ordinance must measure more than 18 inches in diameter, and any other tree must measure greater than 12 inches, at a point four feet above the ground. No trees protected under the City of Temecula Heritage Tree Ordinance occur within the survey area. 2.7 Critical Habitat Under FESA, to the extent feasible, the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service are required to designate critical habitat for endangered and threatened species. Critical habitat is defined as areas of land, water, and air space containing the physical and biological features essential for the survival and recovery of endangered and threatened species. Designated critical habitat includes sites for breeding and rearing, movement or migration, feeding, roosting, cover, and shelter. Designated critical habitats require special management and protection of existing resources, including water quality and quantity, host animals and plants, food availability, pollinators, sunlight, and specific soil types. Critical habitat delineates all suitable habitat, occupied or not, essential to the survival and recovery of the species. There is no critical habitat located within or adjacent to the survey area (USFWS 2021). 2.8 Aquatic Resources Santa Gertrudis Creek is potentially jurisdictional with the United States Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and CDFW; and meets the criteria for a riparian/riverine area within the MSHCP. The aquatic resources mapped within the survey area are detailed in a separate Aquatic Resources Delineation Report (ESA 2021). The riparian/riverine areas, as discussed in Section 6.1.2 of the MSHCP, are discussed further in Section 3.9, Western Riverside County MSHCP. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 19 ESA /D201901440.00 Biological Technical Report January 2022 Technical 2.9 Wildlife Movement Corridors Wildlife movement corridors are pathways (i.e., habitat linkages) that connect discrete areas of natural open space otherwise separated or fragmented by topography, changes in vegetation, and other natural or human -induced factors, such as urbanization. Santa Gertrudis Creek provides suitable foraging and breeding habitat for wildlife within the survey area, as well as an opportunity for large-scale movement between contiguous habitat present both upstream and downstream of the survey area. 3.0 Regulatory Setting 3.1 Federal and State Endangered Species Acts FESA provides guidance for conserving federally listed species and the ecosystems upon which they depend. Section 9 of the FESA and its implementing regulations prohibit the "take" of any federally listed endangered or threatened plant or animal species, unless otherwise authorized by federal regulations. Take includes the destruction of a listed species' habitat. Section 9 also prohibits a number of specified activities with respect to endangered and threatened plants. CESA mandates that state agencies not approve a project that would jeopardize the continued existence of species if reasonable and prudent alternatives are available that would avoid a jeopardy finding. CESA also prohibits the take of any fish, wildlife, or plant species listed as endangered or threatened, or designated as candidates for listing, under CESA. Similar to FESA, CESA contains a procedure for the CDFW to issue an incidental take permit authorizing the take of listed and candidate species incidental to an otherwise lawful activity, subject to specified conditions. 3.2 Migratory Bird Treaty Act The federal MBTA prohibits the take of migratory birds except as permitted by regulations issued by the USFWS. The term "take" is defined by USFWS regulation to mean to "pursue, hunt, shoot, wound, kill, trap, capture or collect" any migratory bird or any part, nest, or egg of any migratory bird covered by the conventions, or to attempt those activities. 3.3 Clean Water Act In accordance with Section 404 of the Clean Water Act (CWA), the USACE regulates discharge of dredged or fill material into waters of the U.S. Waters of the U.S. and their lateral limits are defined in 33 CFR 328.3(a) and includes navigable waters of the U.S., interstate waters, all other waters where the use or degradation or destruction of the waters could affect interstate or foreign commerce, tributaries to any of these waters, and wetlands that meet any of these criteria or that are adjacent to any of these waters or their tributaries. Waters of the U.S. are often categorized as "jurisdictional wetlands" (i.e., wetlands over which the USACE exercises jurisdiction under Section 404) and "other waters of the United States" when habitat values and characteristics are being described. "Fill" is defined as any material that replaces any portion of a water of the U.S. with dry land or that changes the bottom elevation of any portion of a water of the U.S. Any activity resulting in the placement of dredged or fill material within waters of the United States Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 20 ESA /D201901440.00 Biological Technical Report January 2022 Technical requires a permit from USACE. In accordance with Section 401 of the CWA, projects that apply for a Section 404 permit for discharge of dredged or fill material must obtain water quality certification from the appropriate RWQCB indicating that the proposed project would uphold State of California water quality standards. 3.4 Native Plant Protection Act The Native Plant Protection Act includes measures to preserve, protect, and enhance rare and endangered native plants. The list of native plants afforded protection pursuant to the Native Plant Protection Act includes those listed as rare and endangered under CESA. The Native Plant Protection Act provides limitations on take as follows: "No person will import into this state, or take, possess, or sell within this state" any rare or endangered native plant, except in compliance with provisions of the act. Individual landowners are required to notify the CDFW at least 10 days in advance of changing land uses to allow the CDFW to salvage any rare or endangered native plant material. 3.5 Section 15380 of the California Environmental Quality Act Guidelines Although threatened and endangered species are protected by specific federal and state statutes, State CEQA Guidelines Section 15380(b) provides that a species not listed on the federal or state list of protected species may be considered rare or endangered if the species can be shown to meet certain specified criteria. These criteria have been modeled after the definition in FESA and the section of the California Fish and Game Code dealing with rare or endangered plants or animals. This section was included in CEQA primarily to deal with situations in which a public agency is reviewing a project that may have a significant effect on, for example, a candidate species that has not been listed by either USFWS or CDFW. Thus, CEQA provides an agency with the ability to protect a species from the potential impacts of a project until the respective government agencies have an opportunity to designate the species as protected, if warranted. CEQA also calls for the protection of other locally or regionally significant resources, including natural communities. Although natural communities do not, at present, have legal protection of any kind, CEQA calls for an assessment of whether any such resources would be affected, and requires findings of significance if there would be substantial losses. Natural communities listed in the CNDDB as sensitive are considered by CDFW to be significant resources and fall under the State CEQA Guidelines for addressing impacts. Local planning documents such as General Plans often identify these resources as well. 3.6 Sections 3503 and 3513 of the California Fish and Game Code Section 3503 of the California Fish and Game Code prohibits the killing of birds or the destruction of bird nests. Birds of prey are protected under Section 3503.5 of the California Fish and Game Code, which provides that it is "unlawful to take, possess, or destroy any birds in the order Falconiformes or Strigiformes (birds of prey) or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by this code or any regulation adopted pursuant thereto." Section 3513 of the California Fish and Game Code prohibits any take or possession of Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 21 ESA /D201901440.00 Biological Technical Report January 2022 Technical birds that are designated by the MBTA as migratory nongame birds except as allowed by federal rules and regulations promulgated pursuant to the MBTA. Migratory birds include all native birds in the United States, except those non -migratory game species, such as quail and turkey, which are managed by individual states. 3.7 Section 1602 of the California Fish and Game Code Section 1602 of the California Fish and Game Code requires a Streambed Alteration Agreement for any activity that may alter the bed and/or bank of a lake, stream, river, or channel. Typical activities that require a Streambed Alteration Agreement include, but are not limited to, excavation or fill placed within a channel, vegetation clearing, installation of culverts and bridge supports, and bank reinforcement. As part of the notification process, the CDFW requires documentation of any trees to be removed as part of the project. Trees that have a trunk diameter at breast height of greater than 2 inches are subject to regulation by the CDFW via the Streambed Alteration Agreement. 3.8 City of Temecula Heritage Tree Ordinance The City of Temecula Heritage Tree Ordinance Chapter 8.48 of the Municipal Code is intended to "protect and preserve Oak, California bay laurel, California black walnut, California Holly, California Sycamore trees and other trees of special significance to the community" (TMC 2021). Oak trees (Quercus species) protected under this ordinance must measure more than 18 inches in diameter, and any other tree must measure greater than 12 inches, at a point four feet above the ground. 3.9 Western Riverside County MSHCP The survey area lies within rough step 6 of the MSHCP, which is a multi jurisdictional Habitat Conservation Plan that involves the assembly and management of a 500,000-acre Conservation Area for the conservation of natural habitats and their constituent wildlife populations. The approval of the MSHCP and the Implementing Agreement by the USFWS and CDFW allows for the issuance of take authorization for the 146 "covered" species (and associated habitats), assuming that consistency can be demonstrated by the plan participant (Dudek 2003). Sections deemed relevant to the proposed project are described in further detail, below. Section 3.2.1 — Public Quasi -Public Land Public/Quasi-Public Lands (PQP Land) comprise a subset of the MSHCP conservation area, totaling 347,000 acres of public/private lands that are expected to be managed for open space value and/or in a manner that contributes to the conservation of covered species. Section 3.2.1 of the MSHCP states that if a proposed project results in the alteration of Public/Quasi-Public Lands, sufficient to reduce the level in which they previously contributed to the conservation of covered species (and/or the acquisition/conservation of additional reserve lands), then the plan participant must replace, or permanently protect biologically equivalent or superior land at a minimum ratio of 1:1 (Dudek 2003). Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 22 ESA /D201901440.00 Biological Technical Report January 2022 Technical Section 6.1.2 — Protection of Species Associated with Riparian/Riverine Areas and Vernal Pools Section 6.1.2 of the MSHCP requires the assessment of potential impacts of a proposed project to riparian/riverine or vernal pool resources, and those species that depend on such resources, including vernal pool fairy shrimp, and certain riparian bird species (e.g., least Bell's vireo, southwestern willow flycatcher [Empidonax trailld ssp. extimus] and western yellow -billed cuckoo [Coccyzus americanus]). Certain other species that also occur within these resource areas, such as yellow breasted chat (Icteria vixens) and yellow warbler (Setophaga petechia), are identified in "Additional Species Benefits" of Section 6.1.2, and while they do not individually necessitate an assessment and potential mitigation of impacts resulting from a project (as is required for the least Bell's vireo, southwestern willow flycatcher and western yellow -billed cuckoo); they are expected to benefit from the protection of riparian/riverine and vernal pool areas. If impacts to a riparian/riverine or vernal pool resource areas and/or an associated species, are proposed as a result of project implementation and mitigation is required, a Determination of Biologically Equivalent or Superior Preservation (DBESP) may be required to compensate for unavoidable impacts. The DBESP, if required, at a minimum must assess the value of the resource that will be impacted, as well as propose mitigation that can be demonstrated to adequately offset the impacts. Section 6.1.3 — Protection of Narrow Endemic Plant Species Section 6.1.3 of the MSHCP requires the assessment of potential impacts of a proposed project to narrow endemic plants species, when located within the Narrow Endemic Plant Species Survey Area, as identified in the RCA MSHCP Information Map (RCIP 2021). If the project is located within a designated survey area, focused surveys must be completed during the appropriate blooming period for each narrow endemic plant species, with potential to occur. If impacts to narrow endemic plant species are proposed as a result of project implementation, a DBESP may be necessary to compensate for the proposed impacts. Section 6.1.4 — Guidelines Pertaining to the Urban/Wildlands Interface Section 6.1.4 of the MSHCP specifies that certain guidelines should be implemented for proposed projects located adjacent to or that are connected to existing conservation lands/lands that are described for conservation (e.g., PQP Land). The various guidelines include the management of site drainage/runoff and toxics/pollutants, grading, lighting, noise, invasive plant species and wildlife barriers, to ensure that pre -project conditions are maintained during and following the completion of construction, to the degree feasible. Section 6.3.2 — Additional Survey Needs and Procedures Section 6.3.2 of the MSHCP requires the assessment of potential impacts of a proposed project to various other covered species included in the MSHCP, such as criteria area plants species for projects located within a criteria cell, select amphibians and mammals, and burrowing owl. If Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 23 ESA /D201901440.00 Biological Technical Report January 2022 Technical impacts to these additional species are proposed as a result of project implementation, a DBESP may be necessary to compensate for the proposed impacts. Section 7.4.2 — Conditionally Compatible Uses Section 7.4.2 identifies various public access and recreational uses within the conservation area that are compatible with the objectives outlined within the MSHCP. Facilities associated with covered uses include trails and their associated trailheads, interpretive centers and maintenance facilities. Restrictions outlined within this section include the number of each type of facility, and the size/extent of each disturbance footprint allowed. Section 7.5.3 — Construction Guidelines and Appendix C Section 7.5.3 and Appendix C both establish guidelines for construction that occurs within the Criteria Area and PQP Land. These include but are not limited to the development of water pollution and erosion control plans, timing of construction to limit impact to breeding birds, implementation of sediment and erosion control measures, etc. 3.10 Stephens' Kangaroo Rat Habitat Conservation Plan The SKR HCP, managed by the Riverside County Habitat Conservation Agency (RCHCA), provides coverage for members of the plan, who seek take of the Stephens' kangaroo rat (Dipodomys stephensi) through otherwise lawful project implementation. Through implementation of the SKR HCP, more than $45 million has been dedicated to the establishment and management of this system of regional preserves, designed to ensure the persistence of SKR. This effort has resulted in the permanent conservation of approximately 50 percent of the SKR occupied habitat remaining in the SKR HCP area. Through direct funding and in -kind contributions, SKR habitat in the regional reserve system is managed to ensure its continuing ability to support the species (WRCOG 2018). This project would not be subject to payment of SKR HCP fees because it is exempt. 4.0 Potential Impacts to Biological Resources 4.1 Sensitive Natural Communities The proposed project will result in the temporary impact of approximately 0.024 acre of Goodding's willow -sandbar willow riparian woodland/forest and 0.038 (a total of 0.062 acre) acre of hardstem bulrush marsh during the replacement of articulated concrete blocks and achieving access along the bed of Santa Gertrudis Creek. These temporary impacts could be mitigated via reseeding/supplemental planting efforts; However, because the Riverside County Flood Control and Water Conservation District conducts routine maintenance within the channel, this will likely not be feasible. As such, the purchase of mitigation credits from an approved mitigation bank may be necessary to mitigate for the temporary loss of these sensitive natural communities. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 24 ESA /D201901440.00 Biological Technical Report January 2022 Technical 4.2 Special -Status Plants and Wildlife Nesting Birds and Raptors Numerous passerine and raptor species may utilize the habitats that occur within 500 feet of the proposed project site to forage and breed. Activities associated with the proposed project may negatively affect nesting birds that are protected in accordance with the MBTA and Fish and Game Code. Special -Status Wildlife Based on the presence of suitable habitat, eight special -status wildlife species have a moderate to high potential to occur within 500 feet of the proposed project site. These eight species are discussed in further detail below. Birds The Cooper's hawk, least bell's vireo, yellow -breasted chat and yellow warbler may nest within 500 feet of the proposed project site and may be affected as a result of the proposed construction. Least Bell's Vireo The least Bell's vireo is a covered species and is addressed in Section 6.1.2 of the MSHCP. If deemed present within 500 feet of the project site, direct impacts to occupied habitat through the temporary removal of the 0.024 acre of Goodding's willow -sandbar willow riparian woodland/forest; and/or the indirect disturbance to nesting individuals may occur as a result of the proposed project activities. Yellow -Breasted Chat and Yellow Warbler The yellow -breasted chat and yellow warbler are covered species under the MSHCP; however, while these two species are expected to benefit from the protection/preservation of riparian/riverine, they are not considered triggers for the implementation of protection under Section 6.1.2 of the MSHCP. Cooper's Hawk Cooper's hawk is a covered species under the MSHCP and, assuming project activities do not result in an impact to an active nest, no further actions would be necessary. Mammals The pallid bat and the Yuma myotis may forage and roost within 500 feet of the project site and may be affected as a result of the proposed construction. Reptiles The coast horned lizard and coastal western whiptail may occur within 500 feet of the project site and may be affected as a result of the proposed construction; however, these two covered species are considered "adequately covered" under the MSHCP. Therefore, no further action is necessary. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 25 ESA /D201901440.00 Biological Technical Report January 2022 Technical Special -Status Plants One special -status plant species, smooth tarplant, has a moderate to high potential to occur immediately adjacent to the project site. Smooth tarplant is a criteria survey area plant species, as discussed in Section 6.3.2 of the MSHCP. The survey area is not located within a criteria plant survey area; therefore, surveys for this species are not required. 4.3 Critical Habitat Critical habitat for federally listed endangered or threatened species is not present within or immediately adjacent to the project site. 4.4 Wildlife Movement Corridors The installation of fencing between the proposed trail and the Santa Gertrudis Creek may prevent ingress/egress of wildlife within the project site; however, the large-scale movement of wildlife through the survey area (along Santa Gertrudis Creek), is not expected to be affected by the proposed project. Further, construction is expected to take place during the daytime hours, when movement throughout the survey area is less frequent and at a lesser scale. The proposed project is not expected to impact wildlife movement corridors. 4.5 Western Riverside County MSHCP and Stephens' Kangaroo Rat HCP Western Riverside County MSHCP The survey area is located within the MSHCP and the City of Temecula is a plan participant; therefore, a demonstration of consistency is necessary. MSHCP Section 3.2.1— Public/Quasi-Public Land The project site is situated entirely within PQP Land, which includes Santa Gertrudis Creek and adjacent areas. This portion of Santa Gertrudis Creek has been heavily modified through flood control practices and currently consists of a partially earthen bed (articulated concrete blocks extend into the margins of the creek bed) that supports limited growth of riparian, marsh and miscellaneous herbaceous vegetation; and manufactured banks, on either side of the Margarita Road bridge. The proposed project will involve the grading and replacement of a portion of the east bank, with the proposed pedestrian/bicycle trail relocation and new retaining wall. In addition, a portion of this manufactured bank (i.e., articulated concrete blocks) that extends into the bed of the creek will be replaced with a similar, new material that will allow for vegetation to re -grow and persist, following completion of the project. The trail itself will function in a similar manner to the existing manufactured banks, in that the ability to convey hydrologic flows within Santa Gertrudis Creek would remain unchanged prior to and following completion of the construction. Further, the vegetation that currently exists (i.e., riparian/marsh and grass/forb vegetation) along the bed, within the articulated concrete blocks, would be allowed to re -grow naturally and would provide the same, or similar biological function Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 26 ESA /D201901440.00 Biological Technical Report January 2022 Technical that it currently does. Therefore, the proposed project activities are not expected to result in the loss/degradation of PQP Land or its function. MSHCP Section 6.1.2 — Riparian/Riverine Areas, Protection of Species Associated with Riparian/Riverine Areas and Vernal Pools Riparian/Riverine Areas The bed and banks of Santa Gertrudis Creek meet the criteria for riparian/riverine, as defined in the MSHCP. The proposed project will result in a temporary direct impact to approximately 0.387 acre of riparian/riverine, 0.062 acre of which includes native riparian/riverine vegetation (Goodding's willow —sandbar willow riparian woodland forest and hardstem bulrush marsh). As mentioned above regarding impacts to PQP Land, the resulting pedestrian/bicycle trail will continue to function in a similar manner to the existing manufactured bank and would count as in - kind replacement for this portion of the riparian/riverine impacts. The temporary impacts to approximately 0.062 acre of native riparian/riverine vegetation, resulting from the replacement of the articulated concrete blocks and access/staging, could be mitigated via reseeding/supplemental planting; however, because the Riverside County Flood Control and Water Conservation District conducts routine maintenance within the channel, this is likely not feasible. As such, the preparation of a DBESP and the purchase of mitigation credits from an approved mitigation bank may be necessary to mitigate for these temporary impacts. Least Bell's vireo This species was not observed during the biological resources assessment; however, suitable habitat for the least Bell's vireo occurs within the approximate 1.187 acre of Goodding's willow - sandbar willow riparian woodland forest present throughout the bed of Santa Gertrudis Creek. Approximately 0.024 acre of this vegetation type will be removed (temporarily) as a result of project construction and access/staging. If pre -construction clearance surveys determine that the species does not occur within survey area, no further action, regarding least Bell's vireo, would be necessary. If surveys result in the detection of vireo within the survey area, the proposed temporary removal of 0.024 acre of Goodding's willow -sandbar willow riparian woodland/forest may result in a temporary impact to occupied habitat. Because impacts would be temporary and the vegetation would be reestablished following project completion, construction activities outside of the nesting season (April 10—July 31) will likely eliminate the need for additional action/compensation, regarding vireo. However, if activities must occur during the nesting season, adjacent to occupied habitat, indirect disturbance to nesting least Bell's vireo could occur. MSHCP Section 6.1.3 — Protection of Narrow Endemic Plant Species According to the RCA MSHCP Information Map, the survey area is not located within a narrow endemic plant survey area; therefore, the proposed project activities are not expected to result in an impact to species covered under Section 6.1.3 of the MSHCP. No narrow endemic plant species were observed during the project site survey. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 27 ESA /D201901440.00 Biological Technical Report January 2022 Technical MSHCP Section 6.1.4 - Guidelines Pertaining to the Urban/Wildlands Interface Section 6.1.4 of the MSHCP specifies that projects occurring within the urban/wildlands interface should implement appropriate storm water pollution prevention measures, prevent construction/operation noise and night lighting from entering the conservation area, prevent the spread of invasive plant species, install effective barriers to prevent trespass, and ensure that manufactured slopes do not extend into the conservation area, wherever feasible. Each of these items are discussed in detail below. Drainage The implementation of best management practices, as part of a Stormwater Pollution Prevention Plan (SWPPP) developed for the project, will ensure that drainage and water quality on -site remains in compliance with the requirements outlined in Section 6.1.4 of the MSHCP. Further, once construction is complete, drainage within the project site is expected to return to pre - construction levels. Toxics The implementation of best management practices, as part of a SWPPP developed for the project, will ensure that release of toxic chemicals that may affect wildlife and/or habitat/water quality will be prevented to the extent feasible, and will remain in compliance with the requirements outlined in Section 6.1.4 of the MSHCP. Further, once construction is complete, the project is not expected to result in the release of any toxics. Lighting The project will not include the installation of additional lighting; therefore, the project will not result in lighting impacts to wildlife during or following completion of construction. Noise Ambient noise may increase temporarily during construction; however, once complete, the project will not significantly alter current ambient noise levels within the survey area. Invasives The project proposes to install landscaping within the project site. Assuming that species listed in Table 6-2, Plants that Should Be Avoided Adjacent to the MSHCP Conservation Area, are considered when developing the landscape plan, the project is expected to remain in compliance with Section 6.1.4 of the MSHCP. Barriers The project will include the installation of a 4-foot-high chain -link fence between the proposed modified pedestrian/bicycle trail and Santa Gertrudis Creek. The proposed fence is intended to prevent trespass and potential disturbance to wildlife and other resources present within the creek. The installation of the fence will serve as a barrier between public areas and the Santa Gertrudis Creek and will ensure compliance with Section 6.1.4 of the MSHCP. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 28 ESA /D201901440.00 Biological Technical Report January 2022 Technical Grading/Land Development The project will not result in an increase to the footprint of the existing manufactured slopes, within the project site, nor will it result in newly graded areas. Therefore, the project is not expected to result in a change in grading/land development as described in Section 6.1.4 of the MSHCP. MSHCP Section 6.3.2 — Additional Survey Needs and Procedures Burrowing Owl The survey area is situated within a burrowing owl survey area, as indicated on the RCA MSHCP Information Map. As noted in Section 1.2, Methods, of this report, a burrowing owl habitat assessment was performed concurrent with the biological resources assessment survey. It was determined that while the survey area supports marginal foraging habitat for the species, no suitable burrows or other types of refuge (e.g., debris or rock piles) necessary to support burrowing owl nesting was observed. Smooth Tarplant Suitable habitat for smooth tarplant occurs within and immediately adjacent to the project site, within the bed of Santa Gertrudis Creek. As stated above in Section 4.2, Special -status Plants and Wildlife, this is a covered species under the MSHCP. The survey area is not located within a criteria cell nor within a criteria plant survey area; therefore, surveys to determine presence/absence of this species are not required. In addition, this species was not observed during the project site survey. MSHCP Section 7.4.2 — Conditionally Compatible Uses The proposed trail connection would likely qualify as a regional trail under section 7.4.2 of the MSHCP, which would require that it not exceed 20 feet in width. The proposed width of the trail is expected to measure approximately 12 feet, and is therefore in compliance with this section of the MSHCP. MSHCP Section 7.5.3 — Construction Guidelines and Appendix C The implementation of the construction guidelines outlined in Section 7.5.3 and Appendix C will ensure that the proposed project remains compliant with the MSHCP. Stephens' Kangaroo Rat Habitat Conservation Plan The survey area north of Margarita Road extends partially into the SKR HCP plan area. The biological resources assessment determined that suitable habitat for the Stephens' kangaroo rat does not occur. Further, the project would be exempt from payment into the SKR HCP because it involves the rehabilitation of an existing structure. 5.0 Minimization and Avoidance Measures 5.1 Sensitive Natural Communities Following completion of construction activities, the 0.024 -acre area of temporary impact to Goodding's willow -sandbar willow riparian woodland/forest and 0.038 -acre area of temporary Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 29 ESA /D201901440.00 Biological Technical Report January 2022 Technical impact to hardstem bulrush marsh (a total of 0.062 acre) should be re -contoured and mitigation credits should be purchased from the Barry Jones (Skunk Hollow) Wetland Mitigation Bank, to further compensate for the temporary impacts. 5.2 Nesting Birds Project activities could negatively impact nesting birds that are protected in accordance with the MBTA and Fish and Game Code. Therefore, the following measure should be implemented in order to avoid potential impacts to nesting birds: • To avoid impacts to nesting birds, work activities within 500 feet of suitable nesting habitat shall be timed to avoid the season when nests may be active (January 15 to September 15). — If work activities occur within the nesting season (generally defined as January 15 through September 15), a qualified biologist should conduct a focused survey within 30 days of the anticipated start date, and no less than 3 days prior to ground disturbance, to identify any active nests within 500 feet of the development footprint. If an active nest is found, the nest should be avoided and a suitable buffer zone should be delineated in the field where no impacts should occur until the chicks have fledged the nest as determined by a qualified biologist. Construction buffers should be 300 feet for passerines or up to 500 feet for raptors; however, avoidance buffers may be reduced at the discretion of the biologist, depending on the location of the nest and species tolerance to human presence and construction -related noises and vibrations. 5.3 Special -Status Wildlife The following measures should be implemented to avoid or minimize impacts to special -status wildlife as a result of the project. Birds Least BeH's Vireo Least Bell's vireo nesting season is from April 10 to July 31. If avoidance of work activities within this time period is not feasible, a pre -construction clearance survey for least Bell's vireo should be conducted (concurrent with the nesting bird survey described above, in Section 5.2) within suitable nesting habitat prior to initiation of work activities, to determine their presence or absence within 500 feet of proposed work limits. If the surveys do not result in the detection of the species within 500 feet of the proposed work limits, no further action is necessary. However, if: • Least Bell's vireo are detected within the project site during the survey, and work activities must occur during the nesting season, the removal of the 0.024 acre of Goodding's willow - sandbar willow riparian woodland forest would result in temporary impacts to occupied habitat. Such impacts are not consistent with the MSHCP provisions and avoidance measures such as postponing work activities would likely be necessary. Least Bell's vireo are detected within the survey area, outside of the project site, and the nesting season cannot be avoided, steps should be taken to reduce indirect effects to nesting activity by actively reducing construction noise (to no more than 3 decibels (dBA) above pre -construction ambient noise levels) within proximity to suitable habitat and/or installing temporary construction noise barriers. If the reduction of noise is not feasible, work activities should be postponed until the nest is deemed inactive and/or the breeding season has concluded. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 30 ESA /D201901440.00 Biological Technical Report January 2022 Technical Mammals Pallid Bat and Yuma Myotis Prior to commencement of construction activities, within or outside of the bat maternity roosting season, a qualified biologist should conduct a pre -construction clearance survey of suitable habitat for pallid bat and Yuma myotis, within 500 feet of the project site. If roosting bats are identified, the biologist will determine whether there is a day roost (non -breeding) or maternity roost (lactating females and dependent young). If a day roost is determined to be present, the biologist should ensure that direct mortality to roosting individuals will not occur; this may include the installation of exclusionary flagging or some other similar protective measure, for example, to prevent ingress. In general, disturbances to day roosts as a result of noise or other indirect impact is not generally considered significant, as it would not cause direct mortality of individuals and would not be expected to reduce populations to below self-sustaining levels. If removal of any trees supporting a day roost would occur, the biologist will ensure that all roosting individuals disperse from the location prior to removal of the vegetation to prevent direct mortality. If a maternity roost is observed, the biologist will determine whether construction activities are likely to disturb breeding activities. If it is determined that the vegetation or infrastructure supporting the roost must be removed/modified or the construction activities are expected to disturb breeding, a Bat Exclusion Plan should be prepared. At a minimum, the plan should include avoidance and minimization measures to reduce potential impacts to breeding bats during construction activities and prescribed methods to safely and humanely evict bats from the roost in order to minimize any potential impacts. Typically, avoidance measures require construction to occur outside of maternity season. 5.4 General Avoidance and Minimization Measures • Prior to the commencement of construction activities, construction personnel should check under stationary equipment to ensure no wildlife species are present. • All trash should be collected daily and taken off -site for proper disposal. Prior to project implementation, a Workers Environmental Awareness Program (WEAP) should be prepared and presented to construction crews regarding all sensitive resources with the potential to occur on -site during construction activities. The WEAP training should concentrate on the proper identification of sensitive resources while in the field, suggested strategies in avoiding impact to sensitive resources, and proper reporting methods for field crews in the event that sensitive resources are observed during construction activities. 5.5 Western Riverside County MSHCP MSHCP Section 6.1.2 Temporary Impacts to Occupied Least Bell's Vireo Habitat and Riparian/Riverine Areas If pre -construction clearance surveys result in the detection of least Bell's vireo within the project site, and the nesting season can be avoided during construction, the following is recommended to compensate for the temporary impacts to occupied habitat as well as, riparian/riverine areas: Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 31 ESA /D201901440.00 Biological Technical Report January 2022 Technical Following completion of construction activities, the 0.024-acre area of temporary impact to Goodding's willow -sandbar willow riparian woodland/forest and 0.038-acre area of temporary impact to hardstem bulrush marsh (0.062 acres) should be re -contoured to pre -construction grade; and a DBESP that outlines the proposed mitigation, should be developed for approval by the applicable wildlife agencies (i.e., CDFW and USFWS). The DBESP should include an overview of how impacts to the Goodding's willow -sandbar willow and hardstem bulrush marsh would be temporary and mitigated through the purchase of credits from the Barry Jones (Skunk Hollow) Wetland Mitigation Bank. Indirect Disturbance to Nesting Least Bell's Vireo If the surveys establish presence of vireo within the survey area, outside of the project site, and work cannot be avoided during the nesting season, steps should be taken to reduce indirect effects to nesting by actively reducing construction noise (no greater than a 3-dBA increase above pre - construction ambient noise levels) within proximity of a known nest/territory (500 feet) and/or installing temporary construction noise barriers. If the reduction of noise to appropriate levels is not feasible, temporary work stoppage to avoid indirect impacts to the least Bell's vireo may be necessary. MSHCP Section 6.1.4 Invasives Table 6-2, Plants that Should Be Avoided Adjacent to the MSHCP Conservation Area, as detailed in Section 6.1.4 of the MSHCP, should be reviewed during the development of the landscape plan for the project. Species identified in Table 6-2 shall be avoided and preference shall be given to locally indigenous species. MSHCP Section 7.5.3 The guidelines described under Section 7.5.3 and Appendix C of the MSHCP should be implemented during project construction. 6.0 References Baldwin, B. G., D. H. Goldman, D. J. Keil, R. Patterson, T. J. Rosatti, and D. H. Wilken, editors. 2012. The Jepson Manual, Vascular Plants of California. University of California Press. Berkeley, California. California Department of Fish and Wildlife (CDFW). 2018. Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities. March 20, 2018. Environmental Science Associates (ESA). 2021. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project — Preliminary Aquatic Resources Delineation Report. Regional Conservation Authority. 2006. Burrowing Owl Survey Instructions for the Western Riverside Multiple Species Habitat Conservation Plan Area. Sawyer, J.O., T. Keeler -Wolf, and J.M. Evens. 2009. A Manual of California Vegetation, Second Edition. California Native Plant Society, Sacramento, CA. 1300 pp. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 32 ESA /D201901440.00 Biological Technical Report January 2022 Technical Temecula Municipal Code (TMC). 2021. http://www.gcode.us/codes/tmecula/?view=desktop&topic=8-8_48-i-8_48_130 U.S. Fish and Wildlife Service (USFWS). 2001. Least Bell's Vireo Survey Guidelines. Western Bat Working Group (WBWG). 2021. Species Info. http://wbwg.org/westem-bat- species/. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 33 ESA /D201901440.00 Biological Technical Report January 2022 Appendix A Floral and Faunal Compendia A. Floral and Faunal Compendia Scientific Name Common Name Comment Flora Gymnosperms Pinaceae Pine Family Pinus sp.* 1 unidentified pine Angiosperms Eudicots Anacardiaceae Cashew Family Searsia lancea African sumac Asteraceae Aster Family Ambrosia psilostachya annual ragweed Artemisia douglasiana California mugwort Baccharis salicifolia mulefat Centaurea melitensis* tocalote Lactuca serriola* prickly lettuce Pseudognaphalium sp.* rabbit tobacco Available visual diagnostics suggest that the species observed is Jersey cudweed (Pseudognaphalium luteoalbum) Pulicaria paludosa* Spanish false fleabane Xanthium strumarium cocklebur Brassicaceae Mustard Family Hirschfeldia incana* short podded mustard Chenopodiaceae Goosefoot Family Salsola sp.* Russian thistle Fabaceae Pea Family Acacia stenophylla* shoe -string acacia Acmispon wrangelianus Chilean trefoil Melilotus sp.* sweetclover Myrtaceae Eucalyptus Family Eucalyptus sideroxylon* red ironbark Platanaceae Plane Tree Family Platanus x hispanica* London plane tree Polygonaceae Buckwheat Family Eriogonum fasciculatum California buckwheat 1 Non -Native Species Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project A-1 ESA /D201901440.00 Biological Technical Report January 2022 A. Floral and Faunal Compendia Scientific Name Common Name Comment Salicaceae Willow Family Populus fremontii Fremont's cottonwood Salix exigua sandbar willow Salix gooddingii Goodding's willow Salix lasiolepis arroyo willow Saururaceae Lizards -Tail Family Anemopsis californica yerba manna Tamaricaceae Tamarisk Family Tamarix ramosissima* tamarisk Monocots Aracaceae Palm Family Washingtonia robusta* mexican fan palm Cyperaceae Sedge Family Cyperus eragrostis tall flatsedge Schoenoplectus acutus hardstem bulrush Schoenoplectus pungens common threesquare Juncaceae Rush Family Juncus mexicanus Mexican rush Poaceae Grass Family Bromus madritensis ssp. rubens* red brome Cortaderia jubata* pampas grass Distichlis spicata saltgrass Festuca perennis* Italian rye grass Paspalum dilatatum* dallis grass Polypogon monspeliensis* annual beard grass Typhaceae Cattail Family Typha latifolia cattail Fauna Reptiles Anguidae Alligator Lizards E Elgaria multicarinatus ssp. webbii San Diego alligator lizard Phrynosomatidae Zebra -tailed, Side -blotched and Horned Lizards Aspidoscelis tigris ssp. stejnegeri coastal whiptail E Sceloporus occidentalis ssp. Great Basin fence lizard longipes E Uta stansburiana ssp. elegans western side -blotched lizard Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project A-2 ESA /D201901440.00 Biological Technical Report January 2022 A. Floral and Faunal Compendia Scientific Name Common Name Comment Birds Accipitridae Hawks E Buteo jamaicensis red-tailed hawk Cathartidae Vultures E Cathartes aura turkey vulture Columbidae Pigeons and Doves Zenaida macroura mourning dove Trochilidae Hummingbirds Calypte anna Anna's hummingbird Corvidae Jays and Crows E Aphelocoma californica California scrub jay Corvus brachyrhynchos American crow E Corvus corax common raven Picidae Woodpeckers Dryobates nuttallii Nuttall's woodpecker Aegithalidae Bushtits Psaltriparus minimus American bushtit Troglodytidae Wrens E Thryomanes bewickii Bewick's wren E Troglodytes aedon house wren Cistothorus palustris marsh wren Mimidae Mockingbirds and Thrashers E Mimus polyglottos northern mockingbird Hirundinidae E Hirundo rustica barn swallow E Petrochelidon pyrrhonota cliff swallow Passerellidae Sparrows Melospiza melodia song sparrow Emberizidae Emberizine Sparrows and Allies Melozone crissalis California towhee Fringillidae Finches Haemorhous mexicanus house finch Spinus psaltria lesser goldfinch Tyrannidae Tyrant Flycatchers Sayornis nigricans black phoebe Regulidae Regulus calendula Ruby crowned kinglet Apodidae Swift Family E Aeronautes saxatalis white -throated swift Inactive nest present Inactive nest present Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project A-3 Biological Technical Report ESA /D201901440.00 January 2022 Appendix A. Floral and Faunal Compendia Scientific Name Common Name Comment Mammals Canidae Canines Canis latrans coyote scat Cricetidae New World Mice and Voles E Neotoma macrotis Big -eared woodrat E Peromyscus maniculatus deer mouse Didelphidae Opossums E Didelphis virginiana Virginia opossum Geomyidae Pocket Gophers E Thomomys bottae Botta's pocket gopher Leporidae Hares and Rabbits Sylvilagus audubonii desert cottontail direct observation and scat Procyonidae Raccoons E Procyon lotor Raccoon tracks Sciuridae Squirrels and Chipmunks Otospermophilus beecheyi California ground squirrel Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project A-4 ESA /D201901440.00 Biological Technical Report January 2022 Appendix B Photographic Log Appendix B. Photographic Log Photo 1 (N): Southside of Margarita Road bridge. Photo 2 (SW): Northside of Margarita Road bridge. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project B-1 ESA /D201901440.00 Biological Technical Report January 2022 Appendix B. Photographic Log Photo 3 (SW): View of Santa Gertrudis creek channel south of Margarita road. Photo 4 (NE): View of Santa Gertrudis creek channel north of Margarita Road. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project B-2 ESA /D201901440.00 Biological Technical Report January 2022 Appendix B. Photographic Log Photo 5 (NE): View of Santa Gertrudis Creek beneath the Margarita Road Bridge. Photo 6 (SW): View of salt grass (Distichlis spicato) in Santa Gertrudis creek channel. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project B-3 Biological Technical Report ESA/D201901440.00 January 2022 Appendix C CNDDB and CLAPS Database Search Results OF Q a! Selected Elements by Common Name z California Department of Fish and Wildlife y p bRss�"� California Natural Diversity Database Query Criteria: Quad<span style='color:Red'> IS </span>(Murrieta (3311752)<span style='color:Red'> OR </span>Wildomar (3311753)<span style='color:Red'> OR </span>Bachelor Mtn. (3311751)<span style='color:Red'> OR </span>Lake Elsinore (3311763)<span style='color:Red'> OR </span>Romoland (3311762)<span style ='color:Red'> OR </span>Winchester (3311761)<span style='color:Red'> OR </span>Fall brook (3311743)<span style ='color:Red'> OR </span>Temecula (3311742)<span style='color:Red'> OR </span>Pechanga (3311741)) Rare Plant Rank/CDFW Species Element Code Federal Status State Status Global Rank State Rank SSC or FP alkali marsh aster PDASTEL010 None None G4 S1S2 2B.2 Almutaster pauciflorus arroyo chub AFCJB13120 None None G2 S2 SSC Gila orcuttii arroyo toad AAABB01230 Endangered None G2G3 S2S3 SSC Anaxyrus californicus bald eagle ABNKC10010 Delisted Endangered G5 S3 FP Haliaeetus leucocephalus Bell's sage sparrow ABPBX97021 None None G5T2T3 S3 WL Artemisiospiza belli belli black -crowned night heron ABNGA11010 None None G5 S4 Nycticorax nycticorax bottle liverwort NBHEP35030 None None G1 S1 1B.1 Sphaerocarpos drewiae burrowing owl ABNSB10010 None None G4 S3 SSC Athene cunicularia California ayenia PDSTE01020 None None G4 S3 2B.3 Ayenia compacta California glossy snake ARADBO1017 None None G5T2 S2 SSC Arizona elegans occidentalis California horned lark ABPAT02011 None None G5T4Q S4 WL Eremophila alpestris actia California linderiella ICBRA06010 None None G2G3 S2S3 Linderiella occidentalis California Orcutt grass PMPOA4G010 Endangered Endangered G1 S1 1 B.1 Orcuttia californica California red -legged frog AAABHO1022 Threatened None G2G3 S2S3 SSC Rana draytonii California screw moss NBMUS7L090 None None G2G3 S2? 1 B.2 Tortula californica Campbell's liverwort NBHEPlCO10 None None G2 S2 1B.1 Geothallus tuberosus chaparral nolina PMAGA080EO None None G3 S3 1 B.2 Nolina cismontana chaparral ragwort PDAST811060 None None G3 S2 2B.2 Senecio aphanactis Commercial Version -- Dated January, 1 2021 -- Biogeographic Data Branch Page 1 of 7 Report Printed on Thursday, January 14, 2021 Information Expires 7/1/2021 OF Q a! Selected Elements by Common Name z California Department of Fish and Wildlife California Natural Diversity Database Rare Plant Rank/CDFW Species Element Code Federal Status State Status Global Rank State Rank SSC or FP chaparral sand -verbena PDNYCO1 OP1 None None G5T2? S2 1 B.1 Abronia villosa var. aurita coast horned lizard ARACF12100 None None G3G4 S3S4 SSC Phrynosoma blainvillii coast patch -nosed snake ARADB30033 None None G5T4 S2S3 SSC Salvadora hexalepis virgultea Coast Range newt AAAAF02032 None None G4 S4 SSC Taricha torosa coastal cactus wren ABPBG02095 None None G5T3Q S3 SSC Campylorhynchus brunneicapillus sandiegensis coastal California gnatcatcher ABPBJ08081 Threatened None G4G5T2Q S2 SSC Polioptila californica californica coastal whiptail ARACJ02143 None None G5T5 S3 SSC Aspidoscelis tigris stejnegeri Cooper's hawk ABNKC12040 None None G5 S4 WL Accipiter cooperii Coronado skink ARACH01114 None None G5T5 S2S3 WL Plestiodon skiltonianus interparietalis Coulter's goldfields PDAST5LOA1 None None G4T2 S2 1 B.1 Lasthenia glabrata ssp. coulteri Crotch bumble bee IIHYM24480 None Candidate G3G4 S1S2 Bombus crotchii Endangered Davidson'ssaltscale PDCHE041T1 None None G5T1 S1 1B.2 Atriplex serenana var. davidsonii delicate clarkia PDONA050DO None None G3 S3 1 B.2 Clarkia delicata Dulzura pocket mouse AMAFD05021 None None G5T3 S3 SSC Chaetodipus californicus femoralis ferruginous hawk ABNKC19120 None None G4 S3S4 WL Buteo regalis Gander's ragwort PDAST8H1 FO None Rare G2 S2 1 B.2 Packera ganderi golden eagle ABNKC22010 None None G5 S3 FP Aquila chrysaetos Hall's monardella PDLAM180E1 None None G5T3 S3 1B.3 Monardella macrantha ssp. hallii Hammitt's clay -cress PDBRA32010 None None G2 S2 1 B.2 Sibaropsis hammittii heart -leaved pitcher sage PDLAMOV020 None None G3 S2S3 1 B.2 Lepechinia cardiophylla Icenogle's socalchemmis spider ILARAU7020 None None G1 S1 Socalchemmis icenoglei Commercial Version -- Dated January, 1 2021 -- Biogeographic Data Branch Page 2 of 7 Report Printed on Thursday, January 14, 2021 Information Expires 7/1/2021 OF Q a! Selected Elements by Common Name z California Department of Fish and Wildlife bRsa="� California Natural Diversity Database Rare Plant Rank/CDFW Species Element Code Federal Status State Status Global Rank State Rank SSC or FP intermediate mariposa -lily PMLILOD1J1 None None G3G4T2 S2 1B.2 Calochortus weedii var. intermedius intermediate monardella PDLAM180A4 None None G4T2? S2? 1B.3 Monardella hypoleuca ssp. intermedia Jacumba pocket mouse AMAFDO1044 None None G5T2T3 S2 SSC Perognathus longimembris internationalis Jaeger's milk -vetch PDFABOF6G1 None None G4T1 S1 1B.1 Astragalus pachypus var. jaegeri Latimer's woodland-gilia PDPLMOHO10 None None G3 S3 1 B.2 Saltugilia latimeri least Bell's vireo ABPBWO1114 Endangered Endangered G5T2 S2 Vireo bellli pusillus lemon lily PMLIL1AOJO None None G3 S3 1B.2 Lilium parryi little mousetail PDRANOH031 None None G5T2Q S2 3.1 Myosurus minimus ssp. apus loggerhead shrike ABPBRO1030 None None G4 S4 SSC Lanius ludovicianus long-spined spineflower PDPGN040K1 None None G5T3 S3 1 B.2 Chorizanthe polygonoides var. longispina Los Angeles pocket mouse AMAFDO1041 None None G5T1T2 S1S2 SSC Perognathus longimembris brevinasus many -stemmed dudleya PDCRA040HO None None G2 S2 1 B.2 Dudleya multicaulis mesa horkelia PDROSOW045 None None G4T1 S1 1 B.1 Horkelia cuneata var. puberula Munz's onion PMLIL022ZO Endangered Threatened G1 S1 1 B.1 Allium munzii Nevin's barberry PDBER060A0 Endangered Endangered G1 S1 1 B.1 Berberis nevinii northern harrier ABNKC11011 None None G5 S3 SSC Circus hudsonius northwestern San Diego pocket mouse AMAFDO5031 None None G5T3T4 S3S4 SSC Chaetodipus fallax fallax orange -throated whiptail ARACJ02060 None None G5 S2S3 WL Aspidoscelis hyperythra Orcutt's brodiaea PMLILOCOBO None None G2 S2 1 B.1 Brodiaea orcuttii Orcutt's pincushion PDAST20095 None None G5T1T2 S1 1B.1 Chaenactis glabriuscula var. orcuttiana pallid bat AMACC10010 None None G5 S3 SSC Antrozous pallidus Commercial Version -- Dated January, 1 2021 -- Biogeographic Data Branch Page 3 of 7 Report Printed on Thursday, January 14, 2021 Information Expires 7/1/2021 OF Q a! Selected Elements by Common Name z California Department of Fish and Wildlife bRsa="� California Natural Diversity Database Rare Plant Rank/CDFW Species Element Code Federal Status State Status Global Rank State Rank SSC or FP Palmer's grapplinghook PDBOROH010 None None G4 S3 4.2 Harpagonella palmeri Parish's brittlescale PDCHE041DO None None G1G2 S1 1B.1 Atriplex parishii Parish's meadowfoam PDLIM02052 None Endangered G4T2 S2 1 B.2 Limnanthes alba ssp. parishii Parry's spineflower PDPGN04OJ2 None None G3T2 S2 1 B.1 Chorizanthe parryi var. parryi Parry's tetracoccus PDEUP1 C010 None None G2G3 S2 1 B.2 Tetracoccus dioicus Payson's jewelflower PDBRAOMOHO None None G4 S4 4.2 Caulanthus simulans Pendleton ceanothus PDRHA04450 None None G1 S1 1B.2 Ceanothus pendletonensis Plummer's mariposa -lily PMLILOD150 None None G4 S4 4.2 Calochortus plummerae pocketed free -tailed bat AMACD04010 None None G4 S3 SSC Nyctinomops femorosaccus prostrate vernal pool navarretia PDPLMOCOQO None None G2 S2 1 B.2 Navarretia prostrata quino checkerspot butterfly IILEPK405L Endangered None G5T1T2 S1S2 Euphydryas editha quino Rainbow manzanita PDER1042TO None None G2 S2 1 B.1 Arctostaphylos rainbowensis Ramona horkelia PDROSOWOGO None None G3 S3 1 B.3 Horkelia truncata red -diamond rattlesnake ARADE02090 None None G4 S3 SSC Crotalus ruber Riverside fairy shrimp ICBRA07010 Endangered None G1G2 S1S2 Streptocephalus woottoni Robinson's pepper -grass PDBRA1M114 None None G5T3 S3 4.3 Lepidium virginicum var. robinsonii salt spring checkerbloom PDMAL110JO None None G4 S2 213.2 Sidalcea neomexicana San Bernardino aster PDASTE8000 None None G2 S2 1 B.2 Symphyotrichum defoliatum San Bernardino kangaroo rat AMAFD03143 Endangered Candidate G5T1 S1 SSC Dipodomys merriami parvus Endangered San Bernardino ringneck snake ARADBl OO15 None None G5T2T3 S2? Diadophis punctatus modestus San Diego ambrosia PDASTOCOMO Endangered None G1 S1 1B.1 Ambrosia pumila Commercial Version -- Dated January, 1 2021 -- Biogeographic Data Branch Page 4 of 7 Report Printed on Thursday, January 14, 2021 Information Expires 7/1/2021 OF Q a! Selected Elements by Common Name z California Department of Fish and Wildlife bRsa="� California Natural Diversity Database Rare Plant Rank/CDFW Species Element Code Federal Status State Status Global Rank State Rank SSC or FP San Diego banded gecko ARACD01031 None None G5T3T4 S1S2 SSC Coleonyx variegatus abbotti San Diego black -tailed jackrabbit AMAEB03051 None None G5T3T4 S3S4 SSC Lepus californicus bennettii San Diego button -celery PDAPIOZ042 Endangered Endangered G5T1 S1 1 B.1 Eryngium aristulatum var. parishii San Diego desert woodrat AMAFF08041 None None G5T3T4 S3S4 SSC Neotoma lepida intermedia San Diego fairy shrimp ICBRA03060 Endangered None G2 S2 Branchinecta sandiegonensis San Diego ringneck snake ARADB1001A None None G5T2T3 S2? Diadophis punctatus similis San Jacinto Valley crownscale PDCHE040C2 Endangered None G4T1 S1 1 B.1 Atriplex coronata var. notatior San Miguel savory PDLAM08030 None None G3 S2 1 B.2 Clinopodium chandleri Santa Lucia dwarf rush PMJUN013JO None None G3 S3 1 B.2 Juncus luciensis Santa Rosa Basalt brodiaea PMLILOCOGO None None G1 S1 1 B.2 Brodiaea santarosae Santa Rosa Plateau fairy shrimp ICBRA06020 None None G1G2 S1 Linderiella santarosae senile tiger beetle IICOL02121 None None G2G3T1T3 S1 Cicindela senilis frosti Shevock's copper moss NBMUSA1010 None None G2 S2 1 B.2 Mielichhoferia shevockii slender -horned spineflower PDPGNOV010 Endangered Endangered G1 S1 1 B.1 Dodecahema leptoceras smooth tarplant PDAST4ROR4 None None G3G4T2 S2 1 B.1 Centromadia pungens ssp. laevis Southern California legless lizard ARACC01060 None None G3 S3 SSC Anniella stebbinsi southern California rufous -crowned sparrow ABPBX91091 None None G5T3 S3 WL Aimophila ruficeps canescens Southern Coast Live Oak Riparian Forest CTT61310CA None None G4 S4 Southern Coast Live Oak Riparian Forest Southern Cottonwood Willow Riparian Forest CTT61330CA None None G3 S3.2 Southern Cottonwood Willow Riparian Forest southern grasshopper mouse AMAFF06022 None None G5T3 S3 SSC Onychomys torridus ramona Southern Interior Basalt Flow Vernal Pool CTT44310CA None None G1 S1.2 Southern Interior Basalt Flow Vernal Pool Commercial Version -- Dated January, 1 2021 -- Biogeographic Data Branch Page 5 of 7 Report Printed on Thursday, January 14, 2021 Information Expires 7/1/2021 OF Q a! Selected Elements by Common Name z California Department of Fish and Wildlife bRsa="� California Natural Diversity Database Rare Plant Rank/CDFW Species Element Code Federal Status State Status Global Rank State Rank SSC or FP southern mountains skullcap PDLAM1 UOA1 None None G4T3 S3 1 B.2 Scutellaria bolanderi ssp. austromontana Southern Sycamore Alder Riparian Woodland CTT62400CA None None G4 S4 Southern Sycamore Alder Riparian Woodland Southern Willow Scrub CTT63320CA None None G3 S2.1 Southern Willow Scrub spreading navarretia PDPLM00080 Threatened None G2 S2 113.1 Navarretia fossalis Stephens' kangaroo rat AMAFD03100 Endangered Threatened G2 S2 Dipodomys stephensi sticky dudleya PDCRA040TO None None G2 S2 1 B.2 Dudleya viscida summer holly PDERIOB011 None None G3T2 S2 1 B.2 Comarostaphylis diversifolia ssp. diversifolia Swainson's hawk ABNKC19070 None Threatened G5 S3 Buteo swainsoni Tecate cypress PGCUP04000 None None G2 S2 1 B.1 Hesperocyparis forbesii thread -leaved brodiaea PMLIL00050 Threatened Endangered G2 S2 1 B.1 Brodiaea filifolia tricolored blackbird ABPBXB0020 None Threatened G2G3 S1S2 SSC Agelaius tricolor two -striped gartersnake ARADB36160 None None G4 S3S4 SSC Thamnophis hammondii Vail Lake ceanothus PDRHA041 MO Threatened Endangered G1 S1 1 B.1 Ceanothus ophiochilus Valley Needlegrass Grassland CTT4211OCA None None G3 S3.1 Valley Needlegrass Grassland vernal pool fairy shrimp ICBRA03030 Threatened None G3 S3 Branchinecta lynchi Wawona riffle beetle IICOL58010 None None G3 S1S2 Atractelmis wawona western mastiff bat AMACD02011 None None G5T4 S3S4 SSC Eumops perotis californicus western pond turtle ARAAD02030 None None G3G4 S3 SSC Emys marmorata western snowy plover ABNNB03031 Threatened None G3T3 S2S3 SSC Charadrius alexandrinus nivosus western spadefoot AAABF02020 None None G3 S3 SSC Spea hammondii western yellow bat AMACC05070 None None G5 S3 SSC Lasiurus xanthinus Commercial Version -- Dated January, 1 2021 -- Biogeographic Data Branch Page 6 of 7 Report Printed on Thursday, January 14, 2021 Information Expires 7/1/2021 OF Q a! Selected Elements by Common Name z California Department of Fish and Wildlife bRsa="� California Natural Diversity Database Rare Plant Rank/CDFW Species Element Code Federal Status State Status Global Rank State Rank SSC or FP western yellow -billed cuckoo Coccyzus americanus occidentalis white rabbit -tobacco Pseudognaphalium leucocephalum white-faced ibis Plegadis chihi white-tailed kite Elanus leucurus Wiggins' cryptantha Cryptantha wigginsil woven -spored lichen Texosporium sancti Jacobi yellow -breasted chat Icteria virens Yucaipa onion Allium marvinii Yuma myotis Myotis yumanensis ABNRB02022 Threatened PDAST44000 None ABNGE02020 None ABNKC06010 None PDBOROA400 None NLTEST7980 None ABPBX24010 None PMLIL02330 None AMACCO1020 None Endangered G5T2T3 None G4 None G5 None G5 None G2 None G3 None G5 None G1 None G5 S1 S2 213.2 S3S4 WL S3S4 FP S1 1B.2 S2 3 S3 SSC S1 1B.2 S4 Record Count: 132 Commercial Version -- Dated January, 1 2021 -- Biogeographic Data Branch Page 7 of 7 Report Printed on Thursday, January 14, 2021 Information Expires 7/1/2021 1/14/2021 CNPS Inventory Results *The database is under construction. View updates and changes made since May 2019 here. Plant List 85 matches found. Click on scientific name for details Search Criteria Found in Quads 3311763, 3311762, 3311761, 3311753, 3311752, 3311751, 3311743 3311742 and 3311741; Modify Search Criteria WlExport to Excel Modify Columns "Modify SOrtG Display Photos Blooming CA Rare State Global Scientific Name Common Name Family Lifeform Period Plant Rank Rank Rank Abronia villosa var. aurita chaparral sand- Nyctaginaceae annual herb (Jan)Mar- 1B.1 S2 G5T2? verbena Sep perennial Allium munzii Munz'sonion Alliaceae bulbiferous Mar -May 1B.1 S1 G1 herb Almutaster pauciflorus alkali marsh aster Asteraceae perennial herb Jun -Oct 213.2 S1S2 G4 perennial Ambrosia pumila San Diego ambrosia Asteraceae rhizomatous Apr -Oct 113.1 S1 G1 herb Amsinckia douglasiana Douglas' fiddleneck Boraginaceae annual herb Mar -May 4.2 S4 G4 perennial Arctostaphylos ralnbowensis Rainbow manzanita Ericaceae evergreen Dec -Mar 1 B.1 S2 G2 shrub Astragalus pachypus var. Jaeger's bush milk- vetch Fabaceae perennial shrub Dec -Jun 1 B.1 S1 G4T1 jaegeri Atriplex coronata var. San Jacinto Valley notatior crownscale Chenopodiaceae annual herb Apr -Aug 1 B.1 S1 G4T1 Atriplex pacifica South Coast Chenopodiaceae annual herb Mar -Oct 1 B.2 S2 G4 saltscale Atriplex parishii Parish's brittlescale Chenopodiaceae annual herb Jun -Oct 1B.1 S1 G1G2 Atriplex serenana var. Davidson's saltscale Chenopodiaceae annual herb Apr -Oct 1 B.2 S1 G5T1 davidsonii Ayenia compacta California ayenia Malvaceae perennial herb Mar -Apr 213.3 S3 G4 perennial (Feb)Mar- Berberis nevinii Nevin's barberry Berberidaceae evergreen Jun 1B.1 S1 G1 shrub thread -leaved perennial Brodiaea filifolia Themidaceae bulbiferous Mar -Jun 1 B.1 S2 G2 brodiaea herb Brodiaea orcuttii Orcutt's brodiaea Themidaceae perennial May -Jul 1 B.1 S2 G2 bulbiferous www. rareplants.cnps.org/result. html?adv=t&quad=3311763:3311762:3311761:3311753:3311752:3311751:3311743:3311742:3311741 1/5 1/14/2021 CNPS Inventory Results herb Santa Rosa Basalt perennial Brodiaea santarosae brodiaea Themidaceae bulbiferous May -Jun 1B.2 S1 G1 herb Calochortus catallnae Catalina mariposa Liliaceae perennial bulbiferous (Feb)Mar- 4.2 S3S4 G3G4 lily herb Jun Plummer's mariposa perennial Calochortus plummerae lily Liliaceae bulbiferous May -Jul 4.2 S4 G4 herb Calochortus weedii var. intermediate perennial intermedius mariposa lily Liliaceae bulbiferous May -Jul 1 B.2 S2 G3G4T2 herb Camissoniopsis lewisii Lewis' evening- Onagraceae annual herb Mar- 3 S4 G4 primrose May(Jun) perennial Carex buxbaumll Buxbaum's sedge Cyperaceae rhizomatous Mar -Aug 4.2 S3 G5 herb Caulanthus simulans Payson's jewelflower Brassicaceae annual herb (Feb)Mar- 4.2 S4 G4 May(Jun) perennial Ceanothus cyaneus Lakeside ceanothus Rhamnaceae evergreen Apr -Jun 1 B.2 S2 G2 shrub perennial Ceanothus ophiochilus Vail Lake ceanothus Rhamnaceae evergreen Feb -Mar 1B.1 S1 G1 shrub Ceanothus pendletonensis Pendleton ceanothus Rhamnaceae perennial shrub Mar -Jun 1B.2 S1 G1 Centromadia pungens ssp. laevis smooth tarplant Asteraceae annual herb Apr -Sep 1 B.1 S2 G3G4T2 Chaenactis glabriuscula var. orcuttiana Orcutt's pincushion Asteraceae annual herb Jan -Aug 1B.1 S1 G5T1T2 southern mountain perennial Chamaebatia australis Rosaceae evergreen Nov -May 4.2 S4 G4 misery shrub Chorizanthe leptotheca Peninsular Polygonaceae annual herb May -Aug 4.2 S3 G3 spineflower Chorizanthe parryi var. Parry's spineflower Polygonaceae annual herb Apr -Jun 1 B.1 S2 G3T2 parryi Chorizanthe p&gonoides long-spined var. longispina spineflower Polygonaceae annual herb Apr -Jul 1 B.2 S3 G5T3 Cl podium chandleri San Miguel savory Lamiaceae perennial shrub Mar -Jul 1 B.2 S2 G3 Comarostaphylis diversifolia perennial ssp. dlverslfolla summer holly Ericaceae evergreen Apr -Jun 1 B.2 S2 G3T2 shrub COnvOlvulus simulans small-flowered Convolvulaceae annual herb Mar -Jul 4.2 S4 G4 morninto 9-9 rY Cryptantha wigginsii Wiggins' cryptantha Boraginaceae annual herb Feb -Jun 1 B.2 S1 G2 Delnandra panlculata paniculate tarplant Asteraceae annual herb (Mar)Apr- Nov(Dec) 4.2 S4 G4 Dodecahema leptoceras slender -horned Polygonaceae annual herb Apr -Jun 1B.1 S1 G1 spineflower Dudleya multicaulls many -stemmed Crassulaceae perennial herb Apr -Jul 1 B.2 S2 G2 dudleya Dudleya viscida sticky dudleya Crassulaceae perennial herb May -Jun 1 B.2 S2 G2 www.rareplants.cnps.org/result.html?adv=t&quad=3311763:3311762:3311761:3311753:3311752:3311751:3311743:3311742:3311741 2/5 1/14/2021 CNPS Inventory Results Erynglum aristulatum var. San Diego button- Apiaceae annual / Apr -Jun 1 B.1 S1 G5T1 parlshli celery perennial herb Erythranthe diffusa Palomar monkeyflower Phrymaceae annual herb Apr -Jun 4.3 S3 G4 Geothallus tuberosus Campbell's liverwort Sphaerocarpaceae ephemeral liverwort 1B.1 S1 G1 Harpagonella palmeri Palmer's Boraginaceae annual herb Mar -May 4.2 S3 G4 grapplinghook Hesperocyparis forbesii Tecate cypress Cupressaceae perennial 1 B.1 S2 G2 evergreen tree Holocarpha virgata ssp. elongata graceful tarplant Asteraceae annual herb May -Nov 4.2 S3 G5T3 Hordeum intercedens vernal barley Poaceae annual herb Mar -Jun 3.2 S3S4 G3G4 Horkpubeeullacuneata var. Feb-(p) mesa horkelia Rosaceae perennial herb Jul Se 1B.1 S1 G4T1 Horkelia truncata Ramona horkelia Rosaceae perennial herb May -Jun 1 B.3 S3 G3 Juglans callfornlca Southern California Juglandaceae perennial Mar -Aug 4.2 S4 G4 black walnut deciduous tree Juncus acutus ssp. leopoldii southwestern spiny Juncaceae perennial rhizomatous (Mar)May- 4.2 S4 G5T5 rush herb Jun Juncus luciensis Santa Lucia dwarf Juncaceae annual herb Apr -Jul 1B.2 S3 G3 rush Lasthenia glabrata ssp. coulteri Coulter's goldfields Asteraceae annual herb Feb -Jun 1 B.1 S2 G4T2 Lepechinia cardiophylla heart -leaved pitcher Lamiaceae perennial shrub Apr -Jul 1 B.2 S2S3 G3 sage Lepldlum vlrglnlcum var. Robinson's pepper- robinsonii grass Brassicaceae annual herb Jan -Jul 4.3 S3 G5T3 Lilium humboldtii ssp. ocellated Humboldt perennial Mar- ocellatum lily Liliaceae bulbiferous Jul(Aug) 4.2 S4? G4T4? herb perennial Llllum parry) lemon lily Liliaceae bulbiferous Jul -Aug 1 B.2 S3 G3 herb Limnanthes alba ssp. Parish's parishii meadowfoam Limnanthaceae annual herb Apr -Jun 1 B.2 S2 G4T2 Microseris douglasii ssp. small -flowered Asteraceae annual herb Mar -May 4.2 S4 G4T4 platycarpLa- microseris Mielichhoferia shevockii Shevock's copper Mielichhoferiaceae moss 1 B.2 S2 G2 moss Monardella hypoleuca ssp. intermediate perennial intermedia monardella Lamiaceae rhizomatous Apr -Sep 1 B.3 S2? G4T2? herb Monardella hypoleuca ssp. felt -leaved perennial lanata monardella Lamiaceae rhizomatous Jun -Aug 1 B.2 S3 G4T3 herb Monardella macrantha ssp. perennial hallii Hall's monardella Lamiaceae rhizomatous Jun -Oct 1 B.3 S3 G5T3 herb Myosurus minimus ssp. little mousetail Ranunculaceae annual herb Mar -Jun 3.1 S2 G5T2Q apus Navarretia fossalis spreading navarretia Polemoniaceae annual herb Apr -Jun 1 B.1 S2 G2 www. rareplants.cnps.org/result. html?adv=t&quad=3311763:3311762:3311761:3311753:3311752:3311751:3311743:3311742:3311741 3/5 1/14/2021 CNPS Inventory Results Navarretia prostrata prostrate vernal pool Polemoniaceae annual herb Apr -Jul 1 B.1 S2 G2 navarretia perennial (Mar)May- Nolina cismontana chaparral nolina Ruscaceae evergreen Jul 1 B.2 S3 G3 shrub Orcuttia californica California Orcutt Poaceae annual herb Apr -Aug 1B.1 S1 G1 grass Packera ganderi Gander's ragwort Asteraceae perennial herb Apr -Jun 1 B.2 S2 G2 Pickeringia montana var. woolly chaparral -pea Fabaceae evergreen May -Aug 4.3 S3S4 G5T3T4 tomentosa shrub Piperia cooperi chaparral rein orchid Orchidaceae perennial herb Mar -Jun 4.2 S3S4 G3G4 perennial Polygala cornuta var. fishiae Fish's milkwort Polygalaceae deciduous May -Aug 4.3 S4 G5T4 shrub Pseudognaphalium (Jul)Aug- leucocephalum white rabbit -tobacco Asteraceae perennial herb Nov(Dec) 26 2 S2 G4 Quercus engelmannii Engelmann oak Fagaceae perennial Mar -Jun 4.2 S3 G3 deciduous tree Coulter's matilija perennial Mar- Romneya coulter) Papaveraceae rhizomatous Jul(Aug) 4.2 S4 G4 poppy herb Saltugllla latimeri Latimer's woodland- Polemoniaceae annual herb Mar -Jun 1 B.2 S3 G3 gilia Scutellaria bolanderi ssp. southern mountains perennial austromontana skullcap Lamiaceae rhizomatous Jun -Aug 1 B.2 S3 G4T3 herb perennial Selaginella cinerascens ashy spike -moss Selaginellaceae rhizomatous 4.1 S3 G3G4 herb Senecio aphanactis chaparral ragwort Asteraceae annual herb Jan Apr(May) 213.2 S2 G3 Slbaropsls hammlttll Hammitt's clay -cress Brassicaceae annual herb Mar -Apr 1 B.2 S2 G2 Sidalcea neomexicana salt spring Malvaceae perennial herb Mar -Jun 2B.2 S2 G4 checkerbloom Sphaerocarpos drewei bottle liverwort Sphaerocarpaceae ephemeral 1B.1 S1 G1 liverwort San Bernardino perennial Jul- Symphyotrichum defoliatum aster Asteraceae rhizomatous Nov(Dec) 1 B.2 S2 G2 herb perennial Tetracoccus dlolcus Parry's tetracoccus Picrodendraceae deciduous Apr -May 1 B.2 S2 G2G3 shrub Texosporium sancti-jacobi woven -spored lichen Caliciaceae crustose lichen 3 S1 G3 (terricolous) Tortula californica California screw- Pottiaceae moss 1 B.2 S2S3 G2G3 moss Suggested Citation California Native Plant Society, Rare Plant Program. 2021. Inventory of Rare and Endangered Plants of California (online edition, v8-03 0.39). Website http://www.rareplants.cnps.org [accessed 14 January 2021]. Search the Inventory Information Contributors www.rareplants.cnps.org/result.html?adv=t&quad=3311763:3311762:3311761:3311753:3311752:3311751:3311743:3311742:3311741 4/5 1/14/2021 CNPS Inventory Results Simple Search Advanced Search Glossary Questions and Comments rareplants@cnps_org About the Inventory About the Rare Plant Program CNPS Home Page About CNPS Join CNPS @ Copyright 2010-2018 California Native Plant Society. All rights reserved. The Calflora Database The California Lichen Society California Natural Diversity Database The Jepson Flora Project The Consortium of California Herbaria CalPhotos www.rareplants.cnps.org/result.html?adv=t&quad=3311763:3311762:3311761:3311753:3311752:3311751:3311743:3311742:3311741 5/5 Appendix C Aquatic Resources Delineation Report ESA D raft SANTA GERTRUDIS CREEK TRAIL PHASE II UNDERCROSSING AT MARGARITA ROAD PROJECT Aquatic Resources Delineation Report Prepared for EXP U.S. Services, Inc. January 2022 F ESA D raft SANTA GERTRUDIS CREEK TRAIL PHASE II UNDERCROSSING AT MARGARITA ROAD PROJECT Aquatic Resources Delineation Report Prepared for EXP U.S. Services, Inc. 770 Paseo Camarillo Suite 310 Camarillo, CA 93010 805.914.1500 www.esassoc.com Bend Oakland San Francisco Camarillo Orlando Santa Monica Delray Beach Pasadena Sarasota Destin Petaluma Seattle Irvine Portland Sunrise Los Angeles Sacramento Tampa Miami San Diego D201901440.00 January 2022 ESA OUR COMMITMENT TO SUSTAINABILITY I ESA helps a variety of public and private sector clients plan and prepare for climate change and emerging regulations that limit GHG emissions. ESA is a registered assessor with the California Climate Action Registry, a Climate Leader, and founding reporter for the Climate Registry. ESA is also a corporate member of the U.S. Green Building Council and the Business Council on Climate Change (BC3). Internally, ESA has adopted a Sustainability Vision and Policy Statement and a plan to reduce waste and energy within our operations. This document was produced using recycled paper. TABLE OF CONTENTS Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project Paqe Chapter1, Introduction...........................................................................................................1 1.1 Survey Location......................................................................................................1 1.1.1 Directions to the Survey Area......................................................................4 1.2 Contact Information.................................................................................................4 1.2.1 Project Applicant..........................................................................................4 1.2.2 Field Delineators..........................................................................................4 Chapter 2, Existing Conditions..............................................................................................5 2.1 Plant Communities and Land Use..........................................................................5 2.1.1 Annual Grasses and Forbs..........................................................................7 2.1.2 Goodding's Willow -Sandbar Willow Riparian Woodland/Forest (Salix gooddingii-Salix exigua Woodland/Forest Alliance) ..........................7 2.1.3 Hardstem Bulrush Marsh (Schoenoplectus acutus Herbaceous Alliance)........................................................................................................ 7 2.1.4 Unvegetated Streambed..............................................................................7 2.1.5 Disturbed/Developed....................................................................................7 2.2 Soils.............................................................................................................. 2.2.1 Riverwash.......................................................................................... 2.3 Site Hydrology.............................................................................................. 2.4 Climate......................................................................................................... 2.4.1 Agricultural Applied Climate Information System Wetlands Climate Table................................................................................................. 2.4.2 Antecedent Precipitation Tool........................................................... Chapter 3, Regulatory Framework ............. 3.1 Waters of the U.S........................ 3.1.1 Clean Water Act ............... 3.2 Waters of the State ..................... 3.3 Rivers, Streams, and Lakes........ 3.4 MSHCP Riparian/Riverine Areas Chapter4, Methodology.............................................................................................. 4.1 Pre -Field Review......................................................................................... 4.2 Aquatic Resources Delineation Methods .................................................... 4.2.1 Waters of the U.S............................................................................. 4.2.2 Waters of the State.......................................................................... 4.2.3 Rivers, Streams, and Lakes and MSHCP Riparian/Riverine Areas 4.3 Mapping and Acreage Calculations............................................................ 13 13 13 14 15 15 17 17 17 19 20 20 20 Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project I ESA/ D201901440.00 Aquatic Resources Delineation Report January 2022 Table of Contents Paqe Chapter5, Results.................................................................................................................21 5.1 Aquatic Resources................................................................................................21 5.1.1 Potential Wetland Waters of the U.S.........................................................24 5.1.2 Potential Other Waters of the U.S.............................................................24 5.2.3 Clean Water Act Analysis..........................................................................24 5.2 Waters of the State...............................................................................................25 5.3 Rivers, Streams and Lakes; and MSHCP Riparian/Riverine Areas.....................25 5.4 Conclusions...........................................................................................................27 Chapter 6, References Cited.................................................................................................29 Appendices A. APT Outputs B. Data Sheets C. Floral Compendium D. Photographic Log List of Figures Figure1-1 Survey Location......................................................................................................2 Figure 1-2 USGS Topographic Map.........................................................................................3 Figure 2-1 Plant Communities and Land Use..........................................................................6 Figure2-2 Soils.........................................................................................................................9 Figure2-3 Site Hydrology.......................................................................................................10 Figure 4-1 National Wetlands Inventory.................................................................................18 Figure5-1 Waters of the U.S..................................................................................................22 Figure 5-2 Waters of the State...............................................................................................23 Figure 5-3 Rivers, Streams and Lakes; and MSHCP Riparian/Riverine Areas.....................26 List of Tables Table 2-1 Plant Communities and Land Use..........................................................................5 Table 2-2 Monthly Total Precipitation (Inches) For Elsinore.................................................11 Table 5-1 Aquatic Resources within the Survey area...........................................................21 Table 5-2 Rivers, Streams and Lakes; and MSHCP Riparian/Riverine Areas within theSurvey area.....................................................................................................25 Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project II ESA/ D201901440.00 Aquatic Resources Delineation Report January 2022 CHAPTER 1 Introduction Environmental Science Associates (ESA) was retained by EXP U.S. Services Inc. to conduct an aquatic resources delineation prior to the commencement of the Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project (project) located in the city of Temecula, Riverside County, California. The purpose of the delineation was to determine the extent of areas that could be considered waters of the United States (U.S.), waters of the State, features subject to regulation under Fish and Game Code (FGC) Section 1602 and/or features subject to Section 6.1.2 of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) (RCIP 2004. The delineation was conducted in accordance with the 1987 Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory 1987) and Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0) (USACE 2008a). The results from this report will be used to support any necessary permits from the regulatory agencies. 1.1 Survey Location The delineation was completed within the project site and a surrounding 50-foot buffer, collectively referred to the "survey area." The survey area is situated along San Gertrudis Creek, at its intersection with the Margarita Road bridge, in the city of Temecula, CA. The city of Murrieta is located approximately 3.5 miles to the northwest; the cities of Perris and Hemet are generally located approximately 17 miles to the north and northeast, respectively; the city of Escondido is located approximately 30 miles to the south; and the foothills of the Santa Ana Mountains are situated within 3 miles to the southwest (Figure 1-1 Survey Location). The survey area is located within the U.S. Geological Survey (USGS) Murrieta 7.5-minute quadrangle (Figure 1-2 USGS Topographic Map) and the decimal degree coordinates are: 33°31' 56.80"N, 117009' 12.40"W for the northwest corner, 33°31' 56.64"N, 117°09' 12.12"W for the southwest corner, 33°32' 01.55"N, 117°09' 07.92"W for the southeast corner, and 33°32' 01.69"N, 117°09' 08.17"W for the northeast corner. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project ESA/ D201901440.00 Aquatic Resources Delineation Report January 2022 L._ ► ? F Survey Area 1, inure .. , •. 9/f _ Riverside Santa Gertrudis Creek Survey Location hkirneta' �•- v — — — — — — Fallbro„k S a n D i e g o �sE� a,b, _k ` and.- Y ' AID Gertru_ - a�-•-, . Y•• ,;-r_.. F; �n} `, fir• ^�.. '''h; 4-6 ©2 0 200 Feet A. ir 46 SOURCE: Nearmap, 2020. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project Figure 1-1 ESA Survey Location a .. W"" ,. 16__: Survey Area i I410 AV 040 tv .� 9 , 4 0 600 `r Z A• rr . _ Feet OP W—I SOURCE: USGS Topoquad Murrieta, 1980. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project Figure 1-2 ESA USGS Topographic Map 1.Introduction 1.1.1 Directions to the Survey Area From the Los Angeles USACE office location, head southeast on Wilshire Blvd toward Figueroa St. for 410 feet. Turn left onto Figueroa St., continue 0.2 mile and turn left onto W. 5t' Street. Continue for 174 feet and merge onto CA-110 (Harbor Freeway) North for 0.7 mile. Take the exit for US- 101 South and in 1.6 mile, keep right at the fork toward I-10/I-5 and merge onto US- 101 South. Keep left at the fork and continue for approximately 1.2 mile before merging onto I-10 E toward San Bernardino and continuing for approximately 23.3 miles. Merge onto CA-71 South toward Corona and continue for 15.6 miles before merging onto CA-91 East for 4.6 miles. Merge onto I-15 toward San Diego and continue for 35.5 miles. Exit Winchester Road/CA-79 and turn left. Continue northwest on Winchester for approximately 1 mile before turning left onto Margarita Road and continuing for 0.2 mile before turning left into the parking lot for WinCo Foods. Park and walk approximately 100 feet to the northeast to reach the survey area. 1.2 Contact Information 1.2.1 Project Applicant EXP U.S. Services Inc. Attn. Gabriel Rodriguez 451 East Vanderbilt Way, Suite 375 San Bernardino, CA 92408 (949) 257-5340 gabriel.rodriguez@exp.com 1.2.2 Field Delineators Robert Sweet, Delineator Karla Flores, Delineator Environmental Science Associates 770 Paseo Camarillo Suite 310 Camarillo, CA 93010 (805)914-1500 RSweet@esassoc.com Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 4 ESA/ D201901440.00 Aquatic Resources Delineation Report January 2022 CHAPTER 2 Existing Conditions The proposed project is situated along the eastern bank of Santa Gertrudis Creek as it extends under the Margarita Road bridge, and is bound in all directions by commercial and residential development. Elevation ranges between 1,060 to 1,090 feet above mean sea level. Much of the bed of the drainage appears to have been previously cleared/disturbed as a result of flood control maintenance, but still supports native wetland and riparian vegetation. The bank has been manufactured and either consists of poured concrete or an articulated concrete block system. The vegetation, soils, and hydrology documented within the survey area are discussed in detail below. 2.1 Plant Communities and Land Use Plant communities and land use were characterized to map their extent and quantify their abundance within the survey area using ArcGIS. Plant taxonomy followed Hickman (1993), as updated in The Jepson Manual: Vascular Plants of California, Second Edition (Baldwin et al. 2012), and plant community descriptions were characterized using A Manual of California Vegetation (Sawyer et al. 2009). Plant communities and land use not identified within the aforementioned publications were characterized based on the California Department of Fish and Game's List of California Terrestrial Natural Communities (CDFW 2019) and/or based on species dominance or other characteristics. The plant communities and land use mapped within the survey area include annual grasses and forbs, Goodding's willow -sandbar willow riparian woodland/forest, hardstem bulrush marsh, unvegetated streambed and disturbed/developed land use. These are depicted in Figure 2-1— Plant Communities and Land Use. Acreages of each vegetation community in the survey area are summarized below in Table 2-1— Plant Communities and Land Use. TABLE 2-1 PLANT COMMUNITIES AND LAND USE Plant Communities and Land Use Acres Annual Grasses and Forbs 0.16 Goodding's Willow -Sandbar Willow Riparian Woodland/Forest 0.10 Hardstem Bulrush Marsh 0.34 Unvegetated Streambed 0.14 Disturbed/Developed 1.23 Grand Total 1.98 Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project rJ ESA/ D201901440.00 Aquatic Resources Delineation Report January 2022 SOURCE: Nearmap, 2020. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project Figure 2-1 ESA Plant Communities and Land Use 2. Existing Conditions 2.1.1 Annual Grasses and Forbs Annual grasses and forbs occur in drier portions of the survey area, along the bed of Santa Gertrudis Creek. This community supports a dense herbaceous layer consisting of grasses and forbs with a co -dominance of annual beard grass (Polypogon monspeliensis) and curly dock (Rumex crispus), interspersed throughout with annual ragweed (Ambrosia psilostachya), Italian ryegrass (Festuca perennis) and cocklebur (Xanthium strumarium). 2.1.2 Goodding's Willow -Sandbar Willow Riparian Woodland/Forest (Salix gooddingii-Salix exigua Woodland/Forest Alliance) Goodding's willow -sandbar willow riparian woodland/forest is present along the creek bed, within the northern portion of the survey area, just northeast of the Margarita Road bridge. This community is characterized by a prominence of Goodding's willow (Salix gooddingii) in the tree canopy, interspersed with a dense shrub/small tree layer dominated by sandbar willow (Salix exigua). This community also supports a dense herbaceous layer, similar in character to the adjacent hardstem bulrush marsh, that includes annual beard grass, curly dock, tall flatsedge (Cyperus eragrostis) and hardstem bulrush (Schoenoplectus acutus). 2.1.3 Hardstem Bulrush Marsh (Schoenoplectus acutus Herbaceous Alliance) Hardstem bulrush marsh is present in the western portion of the survey area, west of the Margarita Road bridge, although hardstem bulrush plants are found throughout much of the remainder of the survey area. This community is characterized by a dense herbaceous layer dominated by hardstem bulrush and interspersed with various other species that include annual beard grass, cocklebur, curly dock, Mexican rush (Juncus mexicanus) and tall flatsedge. 2.1.4 Unvegetated Streambed Unvegetated Streambed exists along the creek bed under the Margarita Road bridge. This community is characterized as having little to no vegetation (i.e., < 2% total cover), and appears to be the result of a lack of sunlight to promote vegetative growth. Additionally, this area did not appear to support hydric soil indicators, which were observed within the adjacent Goodding's willow -sandbar willow riparian woodland/forest and hardstem bulrush marsh. 2.1.5 Disturbed/Developed Disturbed/developed land use includes the manufactured concrete banks observed along Santa Gertrudis Creek, the concrete bridge/paved roadway along Margarita Road, the paved bike trail, and the surrounding parking lots/landscaped areas. These areas are either entirely or largely devoid of vegetation with the exception of some "weedy" non-native growth, that include such species as short podded mustard (Hirschfeldia incana), and ornamental, planted trees that include red ironbark (Eucalyptus sideroxylon). Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 7 ESA/ D201901440.00 Aquatic Resources Delineation Report January 2022 2. Existing Conditions 2.2 Soils Based on review of the Natural Resources Conservation Services (MRCS) web soil survey, the survey area contains one soil type, Riverwash (Figure 2-2 Soils) (MRCS 2020a). A brief description of its characteristics is provided below: 2.2.1 Riverwash This soil association is considered excessively drained, and is typically comprised of sandy and gravelly alluvium derived from mixed sources. The soil profile consists of gravelly coarse sand from 0-6 inches and stratified extremely gravelly coarse sand to gravelly sand from 6 to 60 inches. This soil type is listed as hydric within Riverside County (MRCS 2020a). 2.3 Site Hydrology The survey area is located within the Santa Margarita River watershed and there is one aquatic feature, Santa Gertrudis Creek, in the survey area. This feature is depicted in Figure 2-3 Site Hydrology and described in detail below. Santa Gertrudis Creek is an intermittent drainage that appears to convey seasonal stormwater and other nuisance runoff from nearby streets and surrounding residential developments across the survey area in a northeast -southwesterly direction. Surface water was not present during the delineation; however, moist soil and hydrophytic vegetation (facultative wetland and obligate indicator plant species) was observed throughout much of the creek bed. Observable site conditions suggest that creek flows are likely restricted to the wettest periods of the season; however, perennial mesic conditions appear to persist throughout the year. The creek continues southwest of the survey area for approximately 1.6 river miles, before converging with Murrieta Creek. Murrieta Creek continues for approximately 3.5 river miles before converging with Santa Margarita Creek, which continues for approximately 29 river miles before reaching the Pacific Ocean at Marine Corps Base Camp Pendleton in San Diego County. 2.4 Climate The aquatic resources delineation was conducted on December 16, 2020. The regional vicinity is described as having a Mediterranean climate characterized by warm, dry summers and cool winters will relatively low rainfall. Average highs range between 67' Fahrenheit (F) in the winter (December and January) and 90' F in the summer, while average lows range between 47' F in in the winter and 61' in the summer (World Climate 2020). Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 8 ESA/ D201901440.00 Aquatic Resources Delineation Report January 2022 HanfordSurvey Area Santa Gertrudis Creek Solis coarse sandy loam, slopes2 percent Riverwash MPRGPR�•Pµ0 Santa Gertrudis Creek ............................. .� • I I � 1 I � ♦ i .......... ..................... ...... .... .r rr. ♦♦ .r.. i i _ rr I SOURCE: Nearmap, 2020; Web Soil Survey, 2020. r ESA J Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project Figure 2-2 Soils SOURCE: Nearmap, 2020. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project r ESA J Figure 2-3 Site Hydrology 2. Existing Conditions 2.4.1 Agricultural Applied Climate Information System Wetlands Climate Table The Agricultural Applied Climate Information System (AgACIS) Wetlands (WETS) climate table for the Elsinore precipitation monitoring station, located in Riverside County, California is included below in Table 2-2 - WETS Table: Monthly Total Precipitation (Inches) for Elsinore, for January 2010 through December 2020. Historically (11-year sampling period), the month of December has supported the highest mean rainfall levels; however, during the approximately two weeks leading up to the aquatic resources delineation, only trace levels of precipitation were recorded at the Elsinore station (MRCS 2020b). Further, the total precipitation for the previous month of November was below the annual mean reported for the month of November. Based on site conditions and review of the AgACIS data provided in Table 2-2, below, it appears conditions at the time of the delineation were dry as compared to those typical for the winter months. TABLE 2-2 MONTHLY TOTAL PRECIPITATION (INCHES) FOR ELSINORE Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 2010 8.88 1.81 0.44 1.23 0.13 0 0 0 0 1.61 1.06 11.67 26.8 2011 0.7 3.07 2.96 0.46 0.78 0.07 0.1 0.09 0.03 0.44 1.37 0.74 10.8 2012 0.55 0.67 1.51 1.18 0 0 0.3 0.05 0.24 0.36 0.3 1.78 6.94 2013 0.91 0.46 0.46 0 0.14 0 0 0 0 0.16 0.53 0.7 3.36 2014 0.13 1.28 1.27 0.5 0 0 0 0.66 0.45 0 0.21 3.65 8.15 2015 0.55 0.37 0.44 0.11 0.96 0 1.29 0 1.08 0.11 0.12 0.58 5.61 2016 2.79 0.3 0.74 0.28 0.06 0 0 0 0.1 0.39 1.18 3.81 9.65 2017 8.23 3.27 0.08 0.02 0.29 0 0 0.26 0.04 0.01 0.05 0 12.3 2018 2.01 0.2 1.11 0.02 0.05 0 0 0 0 1.4 0.62 1.88 7.29 2019 2.95 6.28 1.97 0.04 1.13 0 0.1 0 0 0 2.27 4.26 19 2020 0.3 0.38 3.39 M2.52 M0.00 0.05 0 0 0 0 0.36 M0.00 7 Mean (2010-2020) 2.55 1.64 1.31 0.38 0.35 0.01 0.18 0.11 0.19 0.45 0.77 2.91 10.63 SOURCE: Agricultural Applied Climate Information System Wetlands (WETS), USDA 2020b. "M" Indicates trace precipitation 2.4.2 Antecedent Precipitation Tool The Antecedent Precipitation Tool (APT) was developed by the U.S. Army Corps of Engineers (USACE) to compare recorded precipitation levels at a given location and date to the normal precipitation range at that location over the preceding 30 years. This tool analyzes similar data found in the AgACIS table above; however, averages precipitation from several precipitation monitoring stations and generates calculations that compare precipitation levels over time. Under the final Navigable Waters Protection Rule (NWPR), the determination of a waterbody is generally informed by understanding conditions in a "typical year" (i.e., the normal periodic Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 11 ESA/ D201901440.00 Aquatic Resources Delineation Report January 2022 2. Existing Conditions range of precipitation and other climate variables for that waterbody) and this tool provides assistance in achieving that determination. Both the single -point and watershed analyses were completed for the date of the delineation (December 16, 2020). The APT outputs are provided in Appendix A — APT Outputs. The single point analysis concentrates on a centralized locational point within the survey area, while the watershed analysis is based on the Palmer Drought Severity Index (PDSI) and includes an approximate 22.42 square mile area of the Santa Margarita River watershed including the survey area. The resulting outputs include the following information: Palmer Drought Severity Index (PDSI) — The PDSI is a monthly dataset published by the National Oceanic and Atmospheric Association (NOAA) and is intended to measure the duration and intensity of the long-term drought -inducing circulation patterns. Long-term drought is cumulative; therefore, the results of a current month are dependent on current weather patterns in relation to the cumulative patterns for previous months (NOAA 2020). Average Antecedent Precipitation Score (AAPS) — The AAPS is used to determine how "wet" or "dry" a particular location (i.e. sampling point and/or date) is. The final condition is determined as follows: Wetter than Normal — Condition value greater than 14 0 Normal —Condition ranging from 10 to 14 • Drier than Normal —Condition valueless than 10 The average of the dates and/or sampling points analyzed are presented as an AAPS and a Preliminary Determination is made for the sampling location. The results of the PDSI indicated the region is experiencing a mild drought, whereas the AAPS of 10 resulted in a Preliminary Determination of normal conditions. While it appears that the region is enduring a mild drought, conditions within the survey area generally appear to fall within the low end of the normal range. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 12 ESA/ D201901440.00 Aquatic Resources Delineation Report January 2022 CHAPTER 3 Regulatory Framework 3.1 Waters of the U.S. 3.1.1 Clean Water Act The U.S. Army Corps of Engineers (USACE) and the Environmental Protection Agency (EPA) issued the NWPR that refines the 2008 Rapanos Rule (EPA 2008) definition of a nexus to a navigable water, and the process for determining Clean Water Act (CWA) jurisdiction over waters of the United States (waters of the U.S.). The EPA and USACE published the NWPR on June 22, 2020 (EPA 2020). The NWPR, summarized as key points below, were used to collect relevant data for evaluation by the EPA and the USACE to determine CWA jurisdiction within the survey area. The determination of an ordinary high water mark [OHWM]), as outlined in the 2008 Rapanos Rule, is still applicable to assess the presence/absence of a hydrologic connection to a Traditionally Navigable Water (TNW) (EPA 2008). However, only intermittent and perennial features with a connection to a TNW will be considered "tributaries" and remain jurisdictional. The USACE is no longer asserting jurisdiction over ephemeral features. Wetlands (including swamps, bogs, seasonal wetlands, seeps, marshes, and similar areas) adjacent to "tributaries" or other jurisdictional waters remain jurisdictional, as waters of the U.S. (subject to the significant nexus test), and are defined by USACE as "those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions" (33 CFR 328.3[b]; 40 CFR 230.3[t]). Indicators of three wetland parameters (i.e., hydric soils, hydrophytic vegetation, and wetlands hydrology), as determined by field investigation, must be present for a site to be classified as a wetland by USACE (Environmental Laboratory 1987). Isolated wetlands, that meet the criteria described above; however, do not exhibit a clear connection to a TNW, are not considered jurisdictional. 3.1.1.1 Navigable Waters Protection Rule The USACE and EPA will assert jurisdiction over the following waters: • Territorial seas and TNW's; • tributaries (includes perennial and intermittent features); • lakes, ponds, and impoundments of jurisdictional waters; and Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 13 ESA/ D201901440.00 Aquatic Resources Delineation Report January 2022 3. Requlatory Framework • adjacent wetlands. — Wetlands that abut jurisdictional waters. — Wetlands that are inundated by flooding from a jurisdictional water in atypical year. — Wetlands that are physically separated by a jurisdictional water only by a natural berm, bank, dune, or similar natural feature; and — Wetlands that are physically separated from a jurisdictional water only by an artificial dike, barrier, or similar artificial structure so long as that structure allows for a direct hydrologic surface connection between the wetlands and the jurisdictional water in a typical year. The USACE and USEPA will not assert jurisdiction over the following waters: • Ephemeral streams that exhibit a connection to a TNW, as these do not meet the definition of "tributary"; • swales or erosional features (gullies, small washes characterized by low volume, infrequent, or short duration flow); • ditches (including roadside ditches) excavated wholly in and draining only uplands and that do not carry a relatively permanent flow of water; • groundwater; • prior converted cropland; • artificially irrigated areas, artificial lakes and ponds, and water -filled depressions; • stormwater control features; and • water treatment systems Section 401 of the CWA gives the state authority to grant, deny, or waive certification of proposed federally licensed or permitted activities resulting in discharge to waters of the U.S. The State Water Resources Control Board (State Water Board) directly regulates multi -regional projects and supports the Section 401 certification and wetlands program statewide. The Regional Water Quality Control Board (RWQCB) regulates activities pursuant to Section 401(a)(1) of the federal CWA, which specifies that certification from the State is required for any applicant requesting a federal license or permit to conduct any activity including but not limited to the construction or operation of facilities that may result in any discharge into navigable waters. The certification shall originate from the State or appropriate interstate water pollution control agency in/where the discharge originates or will originate. Any such discharge will comply with the applicable provisions of Sections 301, 302, 303, 306, and 307 of the CWA. 3.2 Waters of the State Most projects involving water bodies or drainages are regulated by the RWQCB, the principal State agency overseeing water quality of the State at the local/regional level. The survey area is located within the jurisdiction of the San Diego (R9) RWQCB. Where waters of the State overlap Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 14 ESA/ D201901440.00 Aquatic Resources Delineation Report January 2022 3. Regulatory Framework with waters of the U.S., pending verification from the USACE, those waters would be regulated under Section 401 of the CWA which is described in the Regulatory Framework in Section 3.1. In the absence of waters of the U.S., waters may be regulated under the Porter -Cologne Water Quality Control Act if project activities, discharges, or proposed activities or discharges could affect California's surface, coastal, or ground waters. The permit submitted by the applicant and issued by RWQCB is either a Water Quality Certification in the presence of waters of the U.S. or a Waste Discharge Requirement (WDR) in the absence of waters of the U.S. The State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State (Procedures), as prepared by the State Water Resources Control Board, was implemented on May 28, 2020. The Procedures include a definition for wetland waters of the state that include 1) all wetland waters of the U.S.; and 2) aquatic resources that meet both the soils and hydrology criteria for wetland waters of the U.S. but lack vegetation. 3.3 Rivers, Streams, and Lakes Pursuant to Division 2, Chapter 6, Section 1600 et seq. of the FGC, California Department of Fish and Wildlife (CDFW) regulates all diversions, obstructions, or changes to the natural flow or bed, channel or bank of any river, stream, or lake which supports fish or wildlife. A notification of a Lake or Streambed Alteration Agreement must be submitted to CDFW for "any activity that may substantially change the bed, channel, or bank of any river, stream, or lake." In addition, CDFW has authority under FGC over wetland and riparian habitats associated with lakes and streams. The CDFW reviews proposed actions, and if necessary, submits to the applicant a proposal that includes measures to protect affected fish and wildlife resources. The final proposal that is mutually agreed upon by CDFW and the applicant is the Lake or Streambed Alteration Agreement (LSAA). 3.4 MSHCP Riparian/Riverine Areas Pursuant to Section 6.1.2, Protection of Species Associated with Riparian Areas and Vernal Pools, the potential effect of proposed project activities occurring within the MSCHP must assess any and all impacts to riparian/riverine areas and vernal pools. Riparian/riverine areas include "those that contain habitat dominated by trees, shrubs, persistent emergents, or emergent mosses and lichens, which occur close to or which depend upon soil moisture from a nearby water source; or areas with fresh water flow during all or a portion of the year"; and vernal pools include those seasonal wetlands that "occur in depression areas that have wetland indicators of all three parameters (soils, vegetation and hydrology) during the wetter portion of the growing season, but normally lack wetland indicators of hydrology and/or vegetation during the drier portion of the growing season" (RCIP 2004). The Regional Conservation Authority (RCA) reviews and oversees all resource determinations and proposed actions that occur within the MSHCP. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 15 ESA/ D201901440.00 Aquatic Resources Delineation Report January 2022 Framework This page intentionally left blank Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 16 ESA/ D201901440.00 Aquatic Resources Delineation Report January 2022 CHAPTER 4 Methodology 4.1 Pre -Field Review Prior to conducting the aquatic resources delineation, ESA conducted a review of available background information pertaining to the survey area to gather baseline information on the existing conditions within the survey area. The following resources were reviewed prior to the delineation: • Field Indicators of Hydric Soils in the United States, Version 7.0, 2010 (MRCS 2010); • Natural Resources Conservation Service's (MRCS) Web Soil Survey, queried to determine the soils mapped in the survey area (MRCS 2020a); • Murrieta, CA USGS 7.5-minute topographic quadrangle map; • Color aerial photography for vegetative, topographic, and hydrologic features (Google Earth 2020); and • The National Wetlands Inventory (USFWS 2020). The results of the National Wetlands Inventory database query are provided in Figure 4-1 National Wetlands Inventory. As shown in Figure 4-1, Santa Gertrudis Creek is identified in the National Wetlands Inventory as a riverine feature. 4.2 Aquatic Resources Delineation Methods ESA biologists Karla Flores and Robert Sweet conducted the aquatic resources delineation on December 16, 2020 to delineate aquatic features within the survey area. The limits of aquatic features were recorded in the field within accessible areas using aerial maps and a hand-held GPS with sub -foot accuracy. The extent of non -wetland aquatic features was closely assessed by establishing a total of two survey transects across Santa Gertrudis Creek and wetland/upland data points to determine potential wetland boundaries. Plant communities and land use were mapped concurrently during the aquatic resources delineation. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 17 ESA/ D201901440.00 Aquatic Resources Delineation Report January 2022 err, .r _��' I •���" ��'�, I �� wo ip 104 •,� r� 1 ` 43 H�R�VESTON'DR _ - E �i� '•;r� "ems �• .�. ` /�` : _, } A • y loin do 6�, •- 4. 4.2.1 Waters of the U.S. The delineation used the "Routine Determination Method" as described in the 1987 Corps of Engineers Wetland Delineation Manual (Environmental Laboratory 1987), hereafter called the "1987 Manual." The 1987 Manual was used in conjunction with the Arid West Supplement (USACE 2008a). For areas where the 1987 Manual and the Arid West Supplement differ, the Arid West Supplement was followed. Wetlands and waters were classified using commonly accepted habitat types; however, the Cowardin classification (Cowardin et al. 1979) of each feature type is noted in the discussion in Chapter 5. 4.2.1.1 Wetlands To determine the extent of potential jurisdictional wetlands on a project site, the 1987 Manual and Arid West Supplement were used as a guide for identifying wetland characteristics. Three positive wetland parameters must normally be present for an area to be considered a wetland: 1) a dominance of wetland vegetation, 2) presence of hydric soils, and 3) presence of wetland hydrology. Presence or absence of positive indicators for wetland vegetation, soils and hydrology was assessed per the 1987 Manual and Arid West Supplement guidelines (Environmental Laboratory 1987). Data points were taken within suspected wetlands and a paired point was taken (where applicable) in nearby upland areas. Data points were recorded on Arid West Region wetland determination data forms, which are provided in Appendix B — Field Data Forms. At each data point, a visual assessment of the dominant plant species within the vegetation community was made. Dominant species were assessed using the recommended "50/20" rule per the Arid West Supplement. Plants were identified to species using the The Jepson Manual: Vascular Plants of California, Second Edition (Baldwin et al. 2012). The National Wetland Plant List (NWPL) 2018 (USACE 2020) was used to determine the wetland indicator status of all plants. A floral compendium, including the wetland indicator status of each plant is provided in Appendix C — Floral Compendium. Hydric soils were identified using soil indicators presented in the Regional Supplement to the Arid West Supplement and the Field Indicators of Hydric Soils in the United States, Version 7.0, 2010 (MRCS 2010). Soils at each data point were characterized by color, texture, organic matter accumulation, and the presence or absence of hydric soil indicators. The coloration of the soil samples, matrix, and concentrations were assessed using the Munsell Soil Color Charts (Munsell 2000). Presence of wetland hydrology was determined at each data point by presence of one or more of the primary and/or secondary indicators, per guidance of the Arid West Supplement. 4.2.1.2 Other Waters of the U.S. Federal jurisdiction over a non -wetland waters of the U.S. extends to the OHWM, defined in 33 CFR 328.3 as the line on the shore established by fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of the soil, destruction of terrestrial vegetation, or the presence of litter and debris. In the Arid West region of the United States, waters are variable and include ephemeral/intermittent and perennial channel forms. The most problematic ordinary high-water delineations are Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 19 ESA/ D201901440.00 Aquatic Resources Delineation Report January 2022 4. associated with the commonly occurring ephemeral/intermittent channel forms that dominate the Arid West landscape. Delineation methods for "other waters of the U.S." were completed in accordance with A Field Guide to the Identification of the Ordinary High Water Mark in the Arid West Region of the Western United States (USACE 2008b). OHWM data sheets are provided in Appendix B. 4.2.2 Waters of the State Waters of the State were delineated using the same methodology as waters of the U.S. Notably, the procedures adopted on May 28, 2020 assert that in the case that a potential wetland lacks vegetation (i.e., less than 5 percent cover), the methods outlined in the 1987 Manual shall be modified as not to preclude the determination of an area that otherwise meets the definition of wetland. Due to the conditions observed in the field, this modification to the delineation methods was not applicable. Based on informal guidance from the San Diego RWQCB, waters of the State extend to the top of the bank JOB); therefore, the limits of non -wetland waters of the State were delineated to the TOB on the south bank, and the extent of streambed or riparian/wetland vegetation up to the northern survey area boundary. 4.2.3 Rivers, Streams, and Lakes and MSHCP Riparian/Riverine Areas Potential CDFW jurisdictional features and MSHCP riparian/riverine areas were delineated by establishing survey transects from the TOB along the south bank to the extent of streambed or riparian/wetland vegetation up to the northern survey area boundary. 4.3 Mapping and Acreage Calculations Data collected during the aquatic resources delineation, including survey transects, were recorded using a hand-held GPS unit (Arrow 100) with sub -meter accuracy or were delineated on aerial photography using Geographic Information System (GIS) software (ArcGIS 10.2) and site - specific topographic data and aerial imagery. Data collected in the field was mapped using GIS software on an overlay of topographic contours and geo-referenced orthorectified aerial imagery. GPS data points were visually confirmed and the acreage of potential wetland and other waters of the U.S. and State, and potential CDFW/MSHCP jurisdictional streams and associated vegetation were mapped using ArcGIS. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 20 ESA/ D201901440.00 Aquatic Resources Delineation Report January 2022 CHAPTER 5 Results The results of the aquatic resources delineation are discussed in this section. All aquatic features within the survey area were analyzed in the field to determine whether each may be considered wetland or non -wetland ("other") waters of the U.S., waters of the State, and/or CDFW/MSHCP- jurisdictional features. Representative photographs from the field aquatic resources delineation are provided in Appendix D — Photographic Exhibit. 5.1 Aquatic Resources Table 5-1 Aquatic Resources within the Survey Area identifies the extent of aquatic resources within the survey area that are potentially waters of the U.S. and/or waters of the State. Also included is the Cowardin aquatic habitat type used to describe each feature and the dominant plant communities observed. Delineated features, including the width of survey transects based on the OHWM JOB for waters of the State) and data points, are depicted in Figure 5-1 Waters of the U.S. and Figure 5-2 Waters of the State. TABLE 5-1 AQUATIC RESOURCES WITHIN THE SURVEY AREA GPS Coordinates OHWM TOB Potential Waters of Cowardin Dominant Plant (decimal Range* Range* Linear Area Aquatic Feature the U.S. and State Type Communities degrees) (feet) (feet) Feet (acre) Santa Gertrudis Potential wetland Palustrine Goodding's willow- -117.153261, 50-58 -- 559 0.48 Creek (wetland) waters of the U.S. sandbar willow riparian 33.53277 and State woodland/forest, hardstem bulrush marsh Santa Gertrudis Potential other Riverine Annual grasses and -117.152805, 45-54 -- 146 0.33 Creek (intermittent) waters of the U.S. forbs, unvegetated 33.533284 streambed Santa Gertrudis Potential non- Riverine Annual grasses and -117.152805, -- 66-67 146 0.57 Creek (intermittent) wetland waters of forbs, unvegetated 33.533284 the State streambed, Disturbed/Developed Within survey area Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 21 ESA/ D201901440.00 Aquatic Resources Delineation Report January 2022 SOURCE: Nearmap, 2020. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project r ESA J Figure 5-1 Waters of the U.S. SOURCE: Nearmap, 2020. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project r ESA J Figure 5-2 Waters of the State 5. Results 5.1.1 Potential Wetland Waters of the U.S. The areas mapped as Goodding's willow -sandbar willow riparian woodland/forest and hardstem bulrush marsh met the three USACE wetland parameters: 1) a dominance of hydrophytic vegetation, 2) presence of hydric soils, and 3) presence of wetland hydrology. Wetland data point (WDP) 1 met the criteria for wetland vegetation by passing the Dominance Test (i.e., 100% OBL, FACW or FAC species) and the Prevalence Index (i.e. 1.36); and wetland hydrology by possessing primary indicator C3 — oxidized rhizospheres and secondary indicator B 10 — drainage patterns. Inspection of the soil profile revealed a coloration of 2.5 Y 3/2 in the Munsell Soil Color Charts (Munsell 2000), throughout the entire soil matrix. The presence of redox concentrations (>2 percent) in the matrix, in concert with a Chroma of 2 meets the criteria for hydric soil indicators (i.e., S5 — sandy redox). Upland data point (UDP) 1 a was collected outside of the proposed wetland boundary, at the top of the manufactured bank. This sample point did not exhibit wetland hydrology, vegetation and/or soils. Vegetation at this location is dominated by upland species that include short podded mustard. UDP lb was collected just outside of the proposed wetland boundary, along the bed of Santa Gertrudis Creek, and met the criteria for wetland vegetation by passing the Dominance Test (i.e., 100% OBL, FACW or FAC species) and the Prevalence Index (i.e. 3.00); however, did not exhibit wetland soils or hydrology (i.e., exhibited a single secondary indicator (B 10)). Vegetation at this location is characterized by a dominance of annual beard grass. Upon inspection of the unvegetated streambed under the Margarita Road bridge revealed that this area does not appear to display signs of wetland vegetation, hydric soils or hydrology. 5.1.2 Potential Other Waters of the U.S. Potential other waters of the U.S. include the limits of the OHWM established along Santa Gertrudis Creek within the survey area, excluding portions of the creek supporting wetland waters of the U.S. Survey transect DIT1 was 49 feet in length and taken within the bed of Santa Gertrudis Creek, entirely within potential wetland waters of the U.S. The information collected along this transect is discussed in detail above, in section 5.1.1. An additional survey transect 55 feet in length (D 1 T2), was established along Santa Gertrudis Creek in the eastern portion of the survey area. The data collected along this transect suggests that this creek supports a natural, soft -bottomed bed and a manufactured bank. The bank is comprised of poured concrete within approximately 175 feet of either side of the Margarita Road bridge, while the remainder of the bank in each direction is comprised of articulated concrete blocks. The OHWM indicators observed include a clear break in slope between the natural bed and the manufactured bank, and transects DIT1 and DIT2 were established based on the OHWM indicators. Flowing or standing water was not observed during the delineation. Plant communities and land use observed within the OHWM, outside of the proposed wetland waters of the U.S., include annual grasses and forbs and unvegetated streambed. 5.2.3 Clean Water Act Analysis Santa Gertrudis Creek is an intermittent drainage that is a non -navigable tributary of a TNW, the Pacific Ocean. Therefore, the creek is considered waters of the U.S. under the NWPR. Wetlands that abut jurisdictional waters are also considered waters of the U.S. under the NWPR. As such, Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 24 ESA/ D201901440.00 Aquatic Resources Delineation Report January 2022 5. Results the wetlands mapped within Santa Gertrudis Creek that met all three USACE wetland parameters are considered potential wetland waters of the U.S. 5.2 Waters of the State The extent of non -wetland waters of the State was established with survey transects based on the TOB on the south bank and the extent of streambed or riparian/wetland vegetation up to the northern survey area boundary. Transect D 1 T 1 was 66 feet and Transect D 1 T2 was 67 feet, and included the manufactured southern bank. As described above in Chapter 2, the manufactured bank consists almost entirely of poured concrete, with the exception of limited weedy growth interspersed throughout the articulated concrete blocks. It was determined that the boundaries for wetland waters of the State are the same as those for wetland waters of the U.S. 5.3 Rivers, Streams and Lakes; and MSHCP Riparian/Riverine Areas Potential features subject to regulation under FGC Section 1600 et seq. and Section 6.1.2, Protection of Species Associated with Riparian Areas and Vernal Pools of the MSHCP (RCIP 2004) within the survey area is described in detail below. Table 5-2 Rivers, Streams and Lakes; and MSHCP Riparian/Riverine Areas within the Survey Area provides the extent of potential jurisdiction within the survey area. Mapped features, including width of survey transects were based on the TOB on the south bank and the extent of streambed or riparian/wetland vegetation up to the northern survey area boundary, as shown in Figure 5-3 Rivers, Streams and Lakes; and MSHCP Riparian/Riverine Areas. Each mapped feature is described in greater detail below. TABLE 5-2 RIVERS, STREAMS AND LAKES; AND MSHCP RIPARIAN/RIVERINE AREAS WITHIN THE SURVEY AREA Aquatic Cowardin Feature Type' Length (feet) TOB Range (feet) Plant Communities Coordinates (lat/long) Area (acre) Santa Riverine 705 62-72 Annual grasses and forbs, Gooding's -117.152831, 1.06 Gertrudis willow -sandbar willow riparian 33.533103 Creek woodland/forest, hardstem bulrush marsh, unvegetated streambed, and disturbed/developed Total: -- 705 -- -- -- 1.06 As described above in Section 5.1 and 5.2, San Gertrudis Creek supports a natural, soft -bottomed bed and a manufactured bank. Survey transects DIT1 and D2T2 were 66 and 67 feet in length, respectively and the TOB was determined by a clear break in slope between the manufactured bank and the edge of the adjacent upland habitat. As noted above in Section 5.2, the bank of the creek is mostly devoid of vegetation, with the exception of limited weedy cover throughout the articulated concrete blocks; however, the bed supports annual grasses and forbs, Gooding's willow -sandbar willow riparian woodland/forest and hardstem bulrush marsh. The area beneath the Margarita Road bridge was characterized as unvegetated streambed. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 25 ESA/ D201901440.00 Aquatic Resources Delineation Report January 2022 SOURCE: Nearmap, 2020. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project Figure 5-3 r ESA Rivers, Streams and Lakes and MSHCP Riparian/Riverine Areas within the Survey Area 5. Results 5.4 Conclusions The results presented in this report represents the best professional judgment of ESA investigators and all aquatic resources. The extent of jurisdictional boundaries identified are considered preliminary pending verification from the appropriate regulatory agencies. Based on the results of the aquatic resources delineation and the jurisdictional analysis, it is presumed that 0.48 acre of potential wetland waters of the U.S. and State; 0.33 acre of potential other (non -wetland) waters of the U.S.; and 0.57 acre of potential non -wetland waters of the State occur within the survey area. It is presumed that 1.06 acres of stream and MSHCP Riparian/Riverine Areas, potentially jurisdictional under Section 1600 et seq. of the FGC and Section 6.1.2 of the MSHCP, occur within the survey area. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 27 ESA/ D201901440.00 Aquatic Resources Delineation Report January 2022 5. Results This page intentionally left blank Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 28 ESA/ D201901440.00 Aquatic Resources Delineation Report January 2022 CHAPTER 6 References Cited Baldwin, B.G., D.H. Goldman, D.J. Keil, R. Patterson, T.J. Rosatti, and D.H. Wilken, editors, 2012. The Jepson Manual: Vascular Plants of California, Second Edition. University of California Press, Berkeley, CA California Department of Fish and Wildlife (CDFW). 2019. California Department of Fish and Game (CDFG) Natural Communities List. Accessed on December 21, 2020 at: https://www.wildlife.ca.gov/Data/VegCAMP/Natural-Communities Cowardin, L.M., V. Carter, F.C. Golet, E.T. LaRoe. 1979. Classification of wetlands and deepwater habitats of the United States. U. S. Department of the Interior, Fish and Wildlife Service, Washington, D.C. Environmental Laboratory, Department of the Army. 1987. Corps of Engineers Wetland Delineation Manual (Technical Report Y-87-1). U.S. Army Corps of Engineers. Waterways Experimental Station. Vicksburg, Mississippi. Environmental Protection Agency (EPA). 2008. Clean Water Act Jurisdiction Following the U.S. Supreme Court's Decision in Rapanos v. United States & Carabell v. Unites States 2020. Economic Analysis for the Navigable Waters Protection Rule: Definition of "Waters of the United States". January 22, 2020. Google Earth. 2020. Desktop application Available at: http://www.google.com/earth/index.html. Hickman, James C. ed. 1993. The Jepson Manual. University of California Press, Berkeley and Los Angeles, California. Munsell. 2000. Munsell soil color charts. GretagMacbeth, New Windsor, New York, USA. Natural Resources Conservation Service (MRCS). 2010. Field Indicators of Hydric Soils in the United States, Version 7.0 2020a. Web Soil Survey. Available at: http://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx. Accessed on 12/21/2020. 2020b. Agricultural Applied Climate Information System (AgACIS). Accessed at http://agacis.rcc-acis.org/?fips=06071 on June 02, 2020 National Oceanic and Atmospheric Administration (NOAA). 2020. Historical Palmer Drought Indices. https://www.ncdc.noaa.gov/temp-and-precip/drought/historical-palmers/overview Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 29 ESA/ D201901440.00 Aquatic Resources Delineation Report January 2022 6. Reference Cited Riverside County Integrated Project (RCIP). 2004. Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). Volume 1, Section 2: Plan Area Description and Setting. U.S. Army Corps of Engineers (USACE). 2008a. Arid West Supplement to the 1987 Wetlands Delineation Manual. 2008b. A Field Guide to the Identification of the Ordinary High Water Mark (OHWM) in the Arid West Region of the Western United States. August. 2020. NWPL — National Wetland Plant List, NWPL 2018. http://wetland- plants.usace.army.mil/nwpl_Static/v34/home/home.html. U.S. Fish and Wildlife Service (USFWS). 2020. National Wetland Inventory. Accessed on December 21, 2020. https://www.fws.gov/wetlands/data/Mapper.html Sawyer, J.O., T. Keeler -Wolf, and J.M. Evens. 2009. A Manual of California Vegetation. 2"d Edition. California Native Plant Society. World Climate. 2020. http://www.worldclimate.com/climate/us/califomia/temecula. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project 30 ESA/ D201901440.00 Aquatic Resources Delineation Report January 2022 Appendix A APT Outputs ESA Antecedent Precipitation vs Normal Range based on NOAA's Daily Global Historical Climatology Network 5 N 1 C 2020 2020 2020 2020 2020 2020 2.202 0 20 2021 2021 2021 2021 Coordinates 33.53,-117.15 Observation Date 2020-12-16 Elevation (ft) 1081.25 Drought Index (PDSI) Mild drought (2020-11) WebWIMP H2O Balance Wet Season Figure and tables made by the Antecedent Precipitation Tool Version 1.0 Written by Jason deters U.S. Army Corps of Engineers 30 Days Ending 301n %ile (in) 70th %ile (in) Observed (in) Wetness Condition Condition Value Month Weight Product 2020-12-16 0.437402 2.279921 0.0 Dry 1 3 3 2020-11-16 0.086614 0.579134 0.649606 Wet 3 2 6 2020-10-17 0.023622 0.341339 0.0 Dry 1 1 1 Result i I Normal Conditions - 10 Weather Station Name Coordinates Elevation (ft) Distance (mi) Elevation A Weighted A Days (Normal) Days (Antecedent) CARLSBAD PALOMAR AP 33.1281,-117.2794 328.084 28.756 753.166 34.598 8215 87 FALLBROOK 5 NE 33.4392,-117.1903 1140.092 6.69 58.842 3.404 2 3 ELSINORE 33.6861,-117.3458 1268.045 15.597 186.795 9.932 3108 0 SUN CITY 33.7156,-117.19 1419.948 13.029 338.698 10.276 26 0 SAN JACINTO 33.7964,-116.9753 1524.934 20.97 443.684 18.74 2 0 Antecedent Precipitation Tool v.1.0 -Watershed Sampling Summary Generated on 2020-12-2-3 Coordinates 33.53,-117.15 - Date 2020-12-16 Geographic Scope HUC12 Hydrologic Unit Code 180703020407 Watershed Size 22.42 mil # Random Sampling Points 4 Average Antecedent Precipitation Score 10.0 Preliminary Determination Normal Conditions - 0 0• i 0 0 ioo.o�ia Antecedent Precipitation Score Antecedent Precipitation Condition WebWIMP H2O Balance Drought Index (PDSI) # of Points 10 Normal Conditions Wet Season Mild drought (2020-11) 1 4 _•yam. ... _ , ,�� _,,�;��, ..�,�., ,,,,, - - @: �• '��' ,, i .,a-., ^�� � . � � � � :*tea Antecedent Precipitation vs Normal Range based on NOAA's Daily Global Historical Climatology Network 5 N 1 1 -guy ,� j— , —t, --[1Jug. �N u , .N. 2020 2020 2020 2020 2020 2020 2020 2020 2021 2021 2021 2021 Coordinates 33.53,-117.15 Observation Date 2020-12-16 Elevation (ft) 1081.25 Drought Index (PDSI) Mild drought (2020-11) WebWIMP HZO Balance Wet Season Figure and tables made by the Antecedent Precipitation Tool Version 1.0 Written by Jason deters U.S. Army Corps of Engineers 30 Days Ending 301n %ile (in) 70r" %ile (in) Observed (in) Wetness Condition Condition Value Month Weight Product 2020-12-16 0.437402 2.279921 0.0 Dry 1 3 3 2020-11-16 0.086614 0.579134 0.649606 Wet 3 2 6 2020-10-17 0.023622 0.341339 0.0 Dry 1 1 1 Result 1 Normal Conditions - 10 Weather Station Name Coordinates Elevation (ft) Distance (mi) Elevation A Weighted A Days (Normal) Days (Antecedent) CARLSBAD PALOMAR AP 33.1281,-117.2794 328.084 28.756 753.166 34.598 8215 87 FALLBROOK 5 NE 33.4392,-117.1903 1140.092 6.69 58.842 3.404 2 3 ELSINORE 33.6861,-117.3458 1268.045 15.597 186.795 9.932 3108 0 SUN CITY 33.7156,-117.19 1419.948 13.029 338.698 10.276 26 0 SAN JACINTO 33.7964,-116.9753 1524.934 20.97 443.684 18.741 2 0 Antecedent Precipitation vs Normal Range based on NOAA's Daily Global Historical Climatology Network 5 N 1 1 -guy ,� j— , —t, --[1Jug. �N u , .N. 2020 2020 2020 2020 2020 2020 2020 2020 2021 2021 2021 2021 Coordinates 33.53,-117.15 Observation Date 2020-12-16 Elevation (ft) 1081.25 Drought Index (PDSI) Mild drought (2020-11) WebWIMP HZO Balance Wet Season Figure and tables made by the Antecedent Precipitation Tool Version 1.0 Written by Jason deters U.S. Army Corps of Engineers 30 Days Ending 301n %ile (in) 70r" %ile (in) Observed (in) Wetness Condition Condition Value Month Weight Product 2020-12-16 0.437402 2.279921 0.0 Dry 1 3 3 2020-11-16 0.086614 0.579134 0.649606 Wet 3 2 6 2020-10-17 0.023622 0.341339 0.0 Dry 1 1 1 Result 1 Normal Conditions - 10 Weather Station Name Coordinates Elevation (ft) Distance (mi) Elevation A Weighted A Days (Normal) Days (Antecedent) CARLSBAD PALOMAR AP 33.1281,-117.2794 328.084 28.756 753.166 34.598 8215 87 FALLBROOK 5 NE 33.4392,-117.1903 1140.092 6.69 58.842 3.404 2 3 ELSINORE 33.6861,-117.3458 1268.045 15.597 186.795 9.932 3108 0 SUN CITY 33.7156,-117.19 1419.948 13.029 338.698 10.276 26 0 SAN JACINTO 33.7964,-116.9753 1524.934 20.97 443.684 18.741 2 0 Antecedent Precipitation vs Normal Range based on NOAA's Daily Global Historical Climatology Network 5 N 1 1 -guy ,� j— , —t, --[1Jug. �N u , .N. 2020 2020 2020 2020 2020 2020 2020 2020 2021 2021 2021 2021 Coordinates 33.506041,-117.177781 Observation Date 2020-12-16 Elevation (ft) 1091.84 Drought Index (PDSI) Mild drought (2020-11) WebWIMP HZO Balance Wet Season Figure and tables made by the Antecedent Precipitation Tool Version 1.0 Written by Jason deters U.S. Army Corps of Engineers 30 Days Ending 301n %ile (in) 70r" %ile (in) Observed (in) Wetness Condition Condition Value Month Weight Product 2020-12-16 0.437402 2.279921 0.0 Dry 1 3 3 2020-11-16 0.086614 0.579134 0.649606 Wet 3 2 6 2020-10-17 0.023622 0.341339 0.0 Dry 1 1 1 Result 1 Normal Conditions - 10 Weather Station Name Coordinates Elevation (ft) Distance (mi) Elevation A Weighted A Days (Normal) Days (Antecedent) CARLSBAD PALOMAR AP 33.1281,-117.2794 328.084 26.764 763.756 32.485 8215 87 FALLBROOK 5 NE 33.4392,-117.1903 1140.092 4.674 48.252 2.329 2 3 ELSINORE 33.6861,-117.3458 1268.045 15.757 176.205 9.867 3108 0 SUN CITY 33.7156,-117.19 1419.948 14.496 328.108 11.279 26 0 SAN JACINTO 33.7964,-116.9753 1524.934 23.197 433.094 20.485 2 0 9 (n � 4 U (6 3 A Antecedent Precipitation vs Normal Range based on NOAA's Daily Global Historical Climatology Network Daily Total 30-Day Rolling Total 30-Year Normal Range L May Jun Jul Aug Sep 2020 2020 2020 2020 2020 Coordinates 33.526886,-117.112584 Observation Date 2020-12-16 Elevation (ft) 1262.57 Drought Index (PDSI) Mild drought (2020-11) WebWIMP H2O Balance Wet Season Figure and tables made by the Antecedent Precipitation Tool Version 1.0 Written by Jason deters U.S. Army Corps of Engineers 2020-1 2020-10�17 Oct Nov 2020 2020 lam, ,, A U 2020-12-16 Dec Jan Feb Mar Apr 2020 2021 2021 2021 2021 30 Days Ending 301h %ile (in) 70t" °/pile (in) Observed (in) Wetness Condition Condition Value Month Weight Product 2020-12-16 0.437402 2.279921 0.0 Dry 1 3 3 2020-11-16 0.086614 0.579134 0.649606 Wet 3 2 6 2020-10-17 0.023622 0.341339 0.0 Dry 1 1 1 Result Normal Conditions - 10 Weather Station Name Coordinates Elevation (ft) Distance (mi) Elevation A Weighted A Days (Normal) Days (Antecedent) CARLSBAD PALOMAR AP 33.1281,-117.2794 328.084 29.188 934.486 40.41 8215 87 WINCHESTER 6.5 S 33.6153,-117.0911 1421.916 6.233 159.346 3.798 0 3 FALLBROOK 6.5 NE 33.4363,-117.1603 1376.969 6.836 114.399 3.858 2 0 ELSINORE 33.6861,-117.3458 1268.045 17.353 5.475 7.904 3108 0 SUN CITY 33.7156,-117.19 1419.948 13.779 157.378 8.369 26 0 SAN JACINTO 33.7964,-116.9753 1524.934 20.226 262.364 14.408 2 1 0 Appendix B Data Sheets ESA Arid West Ephemeral and Intermittent Streams OHWM D Project: atasheet Project Number; �YV d`S erteK Stream: t Iu1lesti (s)• Q Y LZ / N ❑ Do normal circumstances exist on the site? Y S / N ❑ Is the site significantly disturbed? Date: m J or, l -z o Time: o qq 8 Town: 1re,,cC, jam, State: coct Photo begin file#: Photo end file#: �03#-�p 0�v� Location Details: Projection: Co A. t Potential anthropogenic influences on the channel system:or ma es. C0V%CVtk bA'^\c Brief site description: r�0-'fa (,ems -C f4 Datum: Checklist of resources (if available): Aerial photography ❑ Stream gage data Dates: Gage number: Topographic maps Period of record: ❑ Geologic maps ❑ History of recent effective discharges ® Vegetation maps 'results of flood frequency analysis gSoils maps F Most recent shift -adjusted rating Rainfall/precipitation maps GAge heights for 2-, 5-, 10-, and 25-year events and the ❑ Existing delineation(s) for site Z root 7*ecent event exceeding a 5-year event ® Global positioning system (GPS) [- Other studies Hydrogeomorphic Floodplain Units Active Floodplain Low Terrace Low -Flow Channels OHWM Paleo Channel Procedure for identifying and characterizing the floodplain units to assist in identifying the OHWM: 1. Walk the channel and floodplain within the study area to get an impression of the geomorphology and vegetation present at the site. 2. Select a representative cross section across the channel. Draw the cross section and label the floodplain units. 3. Determine a point on the cross section that is characteristic of one of the hydrogeomorphic floodplain units. a) Record the floodplain unit and GPS position. b) Describe the sediment texture (using the Wentworth class size) and the vegetation characteristics of the floodplain unit. c) Identify any indicators present at the location. 4. Repeat for other points in different hydrogeomorphic floodplain units across the cross section. 5. Identify the OHWM and record the indicators. Record the OHWM position via: ❑ Mapping on aerial photograph ❑ GPS ❑ Digitized on computer ❑ Other: fho-I-oS , 0303— 030':- Wentworth Size Classes Inches (in) Millimeters (mmrBoulder ize class 10.08 — — - 256—_ro2.56 --- 64 0.157 — — _ 4 2.00 Granule 0.079 Very coarse sand 0.039 — — - 1.00 — — — — — - Coarse sand 0.020 — — - 050 — — — — — - Medium sand 1 /2 0.0098 — — - 0.25 — — — — — - Fine sand 114 0.005 — — - 0125 — — — — — - Very fine sand 118 — 0.0025 0.0625 Coarse silt 1/16 0.0012 — — - 0.031 — — — — — - Medium silt 1/32 0.00061 — — _ 0.0156 — — - ..N Fine silt 1/64 0.00031 — — - 0.0078 — — — — — - Very fine silt 1/128 — 0.0001 0.0039 Clay v 0CM 1 3 4 5 6 7 S 11111111111 I���I��11111Jill 11Jill Jill ��I�I�I�I�I�I�I�I 0 in I 2 3 ect ID: Cross section ID: Dj ,f Date: a 1 „,1 ZD Time: Q 91 � Cross section drawinz: w��lVh_o� I O k.\ W OHWM GPS point: o '\� r a\p W Indicators: ❑ Change in average sediment texture ❑ Change in vegetation species ❑ Change in vegetation cover Comments: Floodulain unit: GPS point: Low -Flow Channel ❑ Break in bank slope ® Other: 0nr_.% ❑ Other: Active Floodplain El Low Terrace Characteristics of the floodplain unit: Average sediment texture: S C. � S� cc- i D Total veg cover: �o % Tree: ' % Shrub: Herb: 0 Community successional stage: ❑ NA ®Mid (herbaceous, shrubs, saplings) ❑ Early (herbaceous & seedlings) ❑ Late (herbaceous, shrubs, mature trees) Indicators: ❑ Mudcracks ❑ Soil development ❑ Ripples ❑ Surface relief ® Drift and/or debris ❑ Other: ® Presence of bed and bank ❑ Other: ❑ Benches ❑ Other: Comments: b es c�kS`y1 Arts-- 5- kcl-d % W 1� Arid West Ephemeral and Intermittent Streams OHWM Datasheet Project: S k. 6e�A,uotIS Cree k Tr'11i ( Pic f" Date: Iyl t (,i Zo Time: % 0 t Project Number: , Town: T2:,_e - 1,- State: cA Stream: I �2 Photo begin file#: Photo end file#: Investi ator s : ' C 1< — u 2 a Y`�/ N ❑ Do normal circumstances exist on the site? Location Details:�e,-•p ^r (C% C Projection: Datum: Y KNEI Is the site significantly disturbed? Coordinates: Potential anthrlopogen)i�c influences on the channel system: - / Brief site description: 3o`.,k, s 1uY�>c \ (���� Checklist of resources (if available): 14 Aerial photography ❑ Dates: 0 Topographic maps ❑ Geologic maps ® Vegetation maps [� Soils maps ❑ Rainfall/precipitation maps it Existing delineation(s) for site gGlobal positioning system (GPS) Other studies Stream gage data Gage number: Period of record: ❑ History of recent effective discharges ❑ Results of flood frequency analysis ❑ Most recent shift -adjusted rating ❑ Gage heights for 2-, 5-, 10-, and 25-year events and the most recent event exceeding a 5-year event Hydrogeomorphic Floodplain Units Active Floodplain Low Terrace Low -Flow Channels OHWM Paleo Channel Procedure for identifying and characterizing the floodplain units to assist in identifying the OHWM: 1. Walk the channel and floodplain within the study area to get an impression of the geomorphology and vegetation present at the site. 2. Select a representative cross section across the channel. Draw the cross section and label the floodplain units. 3. Determine a point on the cross section that is characteristic of one of the hydrogeomorphic floodplain units. a) Record the floodplain unit and GPS position. b) Describe the sediment texture (using the Wentworth class size) and the vegetation characteristics of the floodplain unit. c) Identify any indicators present at the location. 4. Repeat for other points in different hydrogeomorphic floodplain units across the cross section. 5. Identify the OHWM and record the indicators. Record the OHWM position via: ❑ Mapping on aerial photograph ❑ GPS 0 Digitized on computer ❑ Other: Wentworth Size Classes Inches (in) Millimeters (mm) Wentworth size class Boulder 10.08 — — - 256 — — — - 2.56 64 Cobble — — - — — — — — - e 0.157 — — _ 4 — Pebble — — - 2.00 Granule 0.079 Very coarse sand 0.039 — — - 1.00 — — — — — - Coarse sand 0.020 — — - 050 — — — — - $ 1 /2 0 0098 — — - 0 25 — Medium sand — - 1/4 0,005 — — _ 0125 Fine sand 1/8— 0.0025 0.0625 Very fine sand 1/16 0.0012 — — _ 0.031 — Coarse silt — — — — _ 1132 0.00061 — — _ 0.0156— Medium silt — — — — - 1/64 0.00031 — — _ 0.0078 — Fine silt — — — — - 1/128 — 0.00015 _ Qv�9 J Very fine sift Clay Ocm 1 2 3 4 5 6 7 8 Illlllllllllllllllllllllllll�l�lll�l�l�lll�lll�llllllll 0 in I 2 3 j ect ID: Cross section drawing: OHWM GPS point: Cross section ID: Indicators: ❑ Change in average sediment texture ❑ Change in vegetation species ❑ Change in vegetation cover Comments: Floodplain unit: Date: v 12 o Time: c ❑ Break in bank slope .i/ov-\ \\A.'V@So•l �o r�w�nv�c,tt".t © Other: s \ J we ❑ Other: Low -Flow Chan .t�. ctive Floodplain ow efface GPS point: Characteristics of the floodplain unit: Average sediment texture: 7 Total veg cover: % Tree: % Shrub: lam% Herb: c Community successional stage: ❑ NA ®Mid (herbaceous, shrubs, saplings) ❑ Early (herbaceous & seedlings) ❑ Late (herbaceous, shrubs, mature trees) Indicators: ❑ Mudcracks ❑ Ripples ® Drift and/or debris Presence of bed and bank ❑ Benches ❑ Soil development ❑ Surface relief ❑ Other: ❑ Other: ❑ Other: comments: 5c,�+ � W�e� I,�a,`c Ll� �► ("� WETLAND DETERMINATION DATA FORM — Arid West Region Project/Site: Q,. ►.C-s . dC_ Applicant/Owner. Q4 Vv �I ( cr City/County: .1 �.1c,i ScgA vSampling Date: J L Investigator(s): r - I State: C' A Sampling Point: W Landform (hillslope, terrace, etc.): Section, Township, Range: Local relief (concave, convex, none): Slope Subregion (LRR): _ Soil Map Unit Name: Lat: Long: Datum: Are climatic / hydrologic conditions on the site NWI classification: typical f� this time of year? Yes No (If no, explain in Remarks.) / Are Vegetation ✓ ,Soil � V or No significantly disturbed? - tLJ Are "Normal Circumstances" present? Yes No Are Vegetation Soil or Hydrology _ naturally problematic? fJzp (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Hydric Soil Present? Wetland Hydrology Present? Remarks: VEGETATION Tree Stratum (Use scientific names.) 1. 2. 3. 4. Yes ✓ No Yes No Yes No Is the Sampled Area within a Wetiand? Yes No Absolute Dominant Indicator Dominance Test worksheet: % Cover Species? Status Number of Dominant Species That Are OBL, FACW, or FAC: 3 (A) Total Cover: _ Sapling/Shrub Stratum 1. Qa V \v J S "\ t sc"C' 0,r- Q W� J 9 O 2. ,0#4t9— J�lwt to - TA<VV 4. 5. Total Cover: �\ Herb Stratum 2. ps,%\oSAC.4'N� . IS iFACCv- 3.AknMj4r;"-S Cjooe - 9--t,-cS>> t N F+tcw a. ( P,, c U �c :- FAQ 5. Xctiv>>th .� .�. Ln Wr.vci j �— tl 'FAC 6. 7. , - \-.S t= A Cw s. po-k:�. o��,� ,-�: t N 1r+%cvv Total Cover: l� Woody Vine Stratum 1. '2. Total Number of Dominant .� ., Species Across All Strata: J (B) Percent of Dominant Species u c l uU �c That Are OBL, FACW, or FAC: t (AJ.B) Prevalence Index worksheet: Total % Cover of-. Multiply by: OBL species a, O x 1 = $ "J FACW species i ` x 2 = FAC species_ x 3 FACU species —1_ x 4 = `I UPL species_ x 5 = Column Totals: t0 c`3 (A) N � (B) Prevalence Index = B/A = t • -3 S+ Hydrophytic Vegetation Indicators: ✓ominance Test is >50% ✓Prevalence Index is 53.0' — Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) — Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present. Total Cover: Hydrophytic % Bare Ground in Herb Stratum % Cover of Biotic Crust VgetatioPresent? n Yes No Remarks: w4L�f'-�u1v�a"I 1jirrKS`F� r. vekd\\ S aln�4 rA� 4 (Gwc� G 'Lei L CVec1� ) US Army Corps of Engineers Arid West - Vprainn it , SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm Depth Matrix Redox Features the absence of Indicators.) inches Color (moist) % Color (moist) % Tvpe L� a. s �� i a s Texture Remarks a_G 'Type: C=Concentration, D=De letion, RM=Reduced Matrix. ZLocation: PL=Pore Lining, RC=Root Channel, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils': _ Histosol (Al) Sandy Redox (S5) 1 cm Muck (A9) (LRR C) _ Histic Epipedon (A2) _ Stripped Matrix (S6) _ 2 cm Muck (A10) (LRR B) _ Black Histic (A3) _ Loamy Mucky Mineral (F1) _ Reduced Vertic (F18) _ Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix F2 ( ) _ Red Parent Material (TF2) _ Stratified Layers (A5) (LRR C) _ Depleted Matrix (F3) C,, vS ) _ (Explain in Remarks) 1 cm Muck A9 LRR D _ ( ) ( ) _ Redox Dark Surface (F6) _Other Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) Thick Dark Surface (Al 2) _ Redox Depressions (F8) Sandy Mucky Mineral (Si) _ Vernal Pools (F9) 3Indicators of hydrophytic vegetation and _ Sandy Gleyed Matrix (S4) wetland hydrology must be present. Restrictive Layer (if present): Type: Depth (inches): Hydric Soil Present? Yes No Remarks: - Lo,1w, ii\1\ M1ncw2-z•— iq k1\cM S c'mp ke I it c csnt t �kv;,�� l wtS a.z v�ck V'-" u t% bt 3 . HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (2 or more required) Primary Indicators (any one indicator is sufficient) _ _ Water Marks (131) (Riverine) _ Surface Water (Al) _ Salt Crust (B11) _ Sediment Deposits (B2) (Riverine) _ High Water Table (A2) _ Biotic Crust (1312) _ Drift Deposits (63) (Riverine) _ Saturation (A3) _ Aquatic Invertebrates (1313) Drainage Patterns (B10) _ Water Marks (B1) (Nonriverine) _ Hydrogen Sulfide Odor (Cl) _ Dry -Season Water Table (C2) _ Sediment Deposits (62) (Nonriverine) Oxidized Rhizospheres along Living Roots (C3) _ Thin Muck Surface (C7) _ Drift Deposits (63) (Nonriverine) _ Presence of Reduced Iron (C4) _ Crayfish Burrows (C8) _ Surface Soil Cracks (66) _ Recent Iron Reduotion in Plowed Soils (C6) _ Saturation Visible on Aerial Imagery (C9) _ Inundation Visible on Aerial Imagery (137) _ Other (ExpiaiR in Remarks) _ Shallow Aquitard (D3) _ Water -Stained Leaves (B9) _ FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No N, Depth (inches): Water Table Present? Yes No x Depth (inches): Saturation Present? Yes No __ Depth (inches): Wetland Hydrology Present? Yes No includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Sort US Army Corps of Engineers Arid West - Version 11-1-2006 WETLAND DETERMINATION DATA FORM — Arid West Region Project/Site: :�, �_ , � `r _ t ' C ( !� � «�CitylCounty: Sampling Date: Applicant/Owner: l t (�� o � Investigator(s): . < < L . N I _ "`� (`1 State: C,1� Sampling Point: r � Section, Township, Range: Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): Slope (%): Subregion (LRR): Soil Map Unit NamLat: Long: Datum: e Are climatic / hydrologic conditions on the site typical for this time of year? Yes Are Vegetation '✓ Soil `� , or Hydrology Y 9Y significantly disturbed?,yes Are Vegetation Soil or Hydrology naturally problematic? N�; NWI classification: No (If no, explain in Remarks.) Are "Normal Circumstances" present? Yes (If needed, explain any answers in Remarks.) No SUMMARY OF FINDINGS — Attach site map showinn camntinn noint locations_ transpr_ts imnnrt2n+ fn.*.irea otr Hydrophytic Vegetation Present? Yes No of Hydric Soil Present? Yes No �y ` Is the Sampled Area Wetland Hydrology Present? Yes within a Wetland? Yes No No Remarks: VEGETATION Tree Stratum (Use scientific names.) 1. ►� 4 /'� 2. 3. 4. SaDlino/Shrub Stratum 1. 2. 3. _ 4. 5. Total Cover: To, ' over: Absolute Dominant Indicator Dominance Test worksheet: % Cover Species? Status Number of Dominant Species That Are OBL, FACW, or FAC: (A) Herb Stratum 1. v\tvSVJ CA) .U?_L_ 2. _ 3. 4. 5. 6. 7. 8. Woody Vine Stratum 1. 2. Total Cover: -L 6— Total Cover: % Bare Ground in Herb Stratum _P) 0 % Cover of Biotic Crust �3/�z�vYS,I Total Number of Dominant Species Across All Strata: (B) Percent of Dominant Species That A,e OBL, FACW, or FAC: (A/B) Prevak index worksheet: Tot-_:':;. __over of: Multiply bw OBL spe i?s x 1 = 0 FACW species x 2 = 0 FAC species x 3 = o FACU species x 4 = UPL species i x 5 = r Column Totals: (A) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: Dominance Test is >50% Prevalence Index is 53.0' _ Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present. Hydrophytic Vegetation Present? Yes No US Army Corps of Engineers Arid West —Version 11-1-2006 Ua? Sampling Point: SOIL Profile Description: (Describe to the depth needed to document the Indicator or confirm the absence of Indicators.) Depth Matrix Redox Features Remarks (inches) Color (moist) % Color (moist) % Tvpe Loc Tee 'Type: C=Concentration D=Depletion RM=Reduced Matrix 2Location: PL=Pore Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Histosol (All) _ Sandy Redox (S5) Histic Epipedon (A2) _ Stripped Matrix (S6) Black Histic (A3) _ Loamy Mucky Mineral (F1) _ Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) Stratified Layers (A5) (LRR C) _ Depleted Matrix (F3) _ 1 cm Muck (A9) (LRR D) _ Redox Dark Surface (F6) _ Depleted Below Dark Surface (Al 1) _ Depleted Dark Surface (F7) _ Thick Dark Surface (Al2) _ Redox Depressions (F8) Sandy Mucky Mineral (S1) _ Vernal Pools (F9) _ Sandy Gleyed Matrix (S4) Restrictive Layer (if present): Type: Depth (inches): p•n0VO* (>tG1A,-03a% CNa�lSav pU-) k O l,, vh S AH f -C Root Channel, M=Matrix- Indicators for Problematic Hydric _ 1 cm Muck (A9) (LRR C) _ 2 cm Muck (Al0) (LRR B) _ Reduced Vertic (F18) _ Red Parent Material (TF2) _ Other (Explain in Remarks) 'Indicators of hydrophytic vegetation and wetland hydrology must be present. Hydric Soil Present? Yes No Y_ HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (2 or more required) Primary Indicators (any one indicator is sufficient) _ Water Marks (B1) (Riverine) _ Surface Water (Al) _ Salt Crust (1311) _ Sediment Deposits (132) (Riverine) _ High Water Table (A2) _ Biotic Crust (1312) _ Drift Deposits (B3) (Riverine) _ Saturation (A3) _ Aquatic Invertebrates (613) _ Drainage Patterns (B10) _ Water Marks (131) (Nonriverine) _ Hydrogen Sulfide Odor (Cl) _ Dry -Season Water Table (C2) Sediment Deposits (B2) (Nonriverine) _ Oxidized Rhizospheres along Living Roots (C3) _ Thin Muck Surface (C7) Drift Deposits (133) (Nonriverine) _ Presence of Reduced Iron (C4) _ Crayfish Burrows (C8) _ Surface Soil Cracks (136) _ Recent Iron Reduction in Plowed Soils (C6) _ Saturation Visible on Aerial Imagery (C9) _ Inundation Visible on Aerial Imagery (67) _ Other (Explain in Remarks) _ Shallow Aquitard (D3) _ Water -Stained Leaves (139) _ FAC-Neutral Test (135) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): Wetland Hydrology Present? Yes No includes ca illa fringe) Data (stream gauge, monitoring well, aerial photos, previous inspections), Remarks: US Army Corps of Engineers Arid West- Version 11-1-2006 WETLAND DETERMINATION DATA FORM — Arid West Region Project/Site: ,f 1 n%1I �, ��,l< —,� , /pry Sampling Date: 1 r� u' ?o�city/County: IeMcwl� fiia+4 — Applicant/Owner: I I-1 ��� `v °� State: CA, Sampling Point: 1�i% Investigator(s): Q - �, „-C t / t� � t �u a� Section, Township, Range: Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): Slope (%): Subregion (LRR): Datum: Lat: Long: Soil Map Unit Name: NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.) Are Vegetation ✓ , Soil v' , or Hydrology ✓ significantly disturbed? � 0 Are "Normal Circumstances" present? Yes --."'No Are Vegetation Soil , or Hydrology naturally problematic? NX (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Is the Sampled Area Hydric Soil Present? Yes No _y within a Wetland? Yes No Wetland Hydrology Present? Yes No VEGETATION Absolute Dominant Indicator Dominance Test worksheet: F e Stratum (Use scientific names.) % Cover Species? Status Number of Dominant Species That Are OBL, FACW, or FAC: (A) Total Number of Dominant Species Across All Strata: �_ (B) 4 Total Cover: Sapling/Shrub Stratum 1. kf . Cv, Arm �) — N A iL_ 2. 5r,\� x (X Svg 21 `i TrAch, 3. 4. 5. - Total Cover: SC3_ Herb Stratum 1. 90v"M �o\� O�c vh r�c'ns S's 2. )(c..�.. S IFw --w.. Z O y ;A c 3.- 4 tt�r•cx t .� P"1 2 i �Ir, A C 5. it Cv 6. V Al cte.A\4je Vwlc,hdi tiYcvs N 'FA c U 7. _k 8. Total Cover: 10-1 Woody Vine Stratum Total Cover: % Bare Ground in Herb Stratum ° /° Cover of Biotic Crust ;emarKS. I°kp;oS 030B ,o30 \ (vna-) Percent of Dominant Species That Are OBL, FACW, or FAC: ;�JB) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species 2 x 2 = �t FAC species 3 x 3 = FACU species k 4 = UPL species x 5 = Column Totals: } (A) Z (B) h T t �S Prevalence Index = B/A = I T Hydrophytic Vegetation Indicators: —'-Dominance Test is >50% ''Prevalence Index is s3.0' Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present. Hydrophytic Vegetation Present? Yes i.—' No army Corps or tngmeers Arid West - Version 11-1-2006 L_ SOIL - Profile Description: (Describe to the depth needSampling Point: 0 P 1( needle to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % -Color (moist) % Tvoe Loc Texture 3Remarks D-t3 toys �ti Iuo s� T e. C=Concentration, D=De letion, RM=Reduced Matrix. 2Location: PL=Pore Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Histosol (All) _ Sandy Redox (S5) Histic Epipedon (A2) _ Stripped Matrix (S6) _ Black Histic (A3) _ Loamy Mucky Mineral (F1) Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) Stratified Layers (A5) (LRR C) _ Depleted Matrix (F3) 1 cm Muck (A9) (LRR D) _ Redox Dark Surface (F6) _ Depleted Below Dark Surface (Al 1) _ Depleted Dark Surface (F7) Thick Dark Surface (Al2) _ Redox Depressions (F8) _ Sandy Mucky Mineral (S1) _ Vemal Pools (F9) _ Sandy Gleyed Matrix (S4) Restrictive Layer (if present): — - - Type: Depth (inches): Remarks: - - i l k6_V-_Q1 sc v.tio t t Ph0\-us'. 03 to HYDROLOGY Root Channel, M=Matrix. Indicators for Problematic Hydric _ 1 cm Muck (A9) (LRR C) _ 2 cm Muck (A10) (LRR B) Reduced Vertic (F18) _ Red Parent Material (TF2) Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present. Hydric Soil Present? Yes No X Wetland Hydrology Indicators: Secondary Indicators (2 or more required) Primary Indicators (any one indicator is sufficient) _ Water Marks (131) (Riverine) _ Surface Water (Al) _ Salt Crust (B11) _ Sediment Deposits (132) (Riverine) _ High Water Table (A2) _ Biotic Crust (B12) _ Drift Deposits (133) (Riverine) _ Saturation (A3) _ Aquatic Invertebrates (1313) -)L Drainage Patterns (1310) Water Marks (131) (Nonriverine) _ Hydrogen Sulfide Odor (C1) — Dry -Season Water Table (C2) _ Sediment Deposits (132) (Nonriverine) _ Oxidized Rhizospheres along Living Roots (C3) _ Thin Muck Surface (C7) _ Drift Deposits (133) (Nonriverine) _ Presence of Reduced Iron (C4)- _ Crayfish Burrows (C8) _ Surface Soil Cracks (136) _ Recent Iron Reduction in Plowed Soils (C6) _ Saturation Visible on Aerial Imagery (C9) _ Inundation Visible on Aerial Imagery (137) _ Other (Explain in Remarks) _ Shallow Aquitard (D3) _ Water -Stained Leaves (139) _ FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No _) Depth (inches): Water Table Present? Yes No X Depth (inches): Saturation Present? Yes includes p ilia frin e No _g Depth (inches): Wetland Hydrology Present? Yes No x Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: 03 L Z- US Army Corps of Engineers Arid West - Version 11-1-2006 Appendix C Floral Compendium ESA Appendix C: Floral and Faunal Compendia Scientific Name Common Name Wetland Indicator Status* Flora Angiosperms Eudicots Asteraceae Aster Family Ambrosia psilostachya annual ragweed FACU Helianthus annuus annual sunflower FACU Pulicaria paludosa** Spanish false fleabane FAC Xanthium strumarium cocklebur FAC Brassicaceae Mustard Family Hirschfeldia incana** short podded mustard No status found (likely FACU or UPL) Polygonaceae Buckwheat Family Rumex crispus** curly dock FAC Salicaceae Willow Family Salix exigua sandbar willow FACW Salix gooddingii Goodding's willow FACW Tamaricaceae Tamarisk Family Tamarix ramosissima** tamarisk FAC Monocots Cyperaceae Sedge Family Cyperus eragrostis tall flatsedge FACW Schoenoplectus acutus hardstem bulrush OBL Juncaceae Rush Family Juncus mexicanus Mexican rush FACW Poaceae Grass Family Festuca perennis** Italian ryegrass No status found (likely FACU or UPL) Polypogon monspeliensis** annual beard grass FACW *United States Army Corps of Engineers (USACE). 2020. National Wetland Plant List (NWPL) 2018. http://wetland-plants.usace.army.mil/nwpl_static/v34/home/home.html **Non-native Species Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project C-1 Aquatic Resources Delineation Report ESA/D201901440.00 January 2022 Appendix D Photographic Exhibit ESA Photograph 1 (W). Photograph faces across Drainage 1 at transect D 1 T 1. Dense hardstem bulrush marsh is visible throughout much of the bed, while the left bank of the drainage consists of manufactured concrete. Photograph 2 (R). Photograph depicts the hardstem bulrush marsh located along D IT I. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project D-1 ESA/D201901440.00 Aquatic Resources Delineation Report January 2022 NO Photograph 3 (SW). Photograph faces downstream from D1T1 and depicts the manufactured concrete bank and adjacent bed to the west. Photograph 4 (NE). Photograph faces upstream from D 1 T2. Dense annual grasses and forbs along the bed of the drainage are visible in the foreground. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project D-2 ESA/D201901440.00 Aquatic Resources Delineation Report January 2022 Photograph 5. Photograph depicts wetland data point WDP 1, taken within the hardstem bulrush marsh, along Drainage 1. This point met the USACE criteria for wetland hydrology, soils and vegetation. Photograph 6 (N). Photograph depicts the redox features observed along root channels, within the soil matrix at WDP 1. These redox features met the criteria for hydric soil indicator S5 (sandy redox) and hydrology indicator 0 (oxidized rhizospheres along living roots). Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project D-3 ESA/D201901440.00 Aquatic Resources Delineation Report January 2022 Photograph 7. Photograph depicts depressed vegetation along the bed of Drainage 1, immediately adjacent to WDP 1. This sign met the criteria for secondary hydrology indicator B 10 (drainage patterns). Photograph 8. Photograph depicts UDP la, taken immediately adjacent to the bank along Drainage 1. This point did not meet the USACE criteria for wetland hydrology, soils or vegetation. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project D-4 ESA/D201901440.00 Aquatic Resources Delineation Report January 2022 Photograph 9. Photograph depicts UDP lb, taken within the annual grasses and forbs located immediately adjacent to the hardstem bulrush marsh and within the bed of Drainage 1. This point met the USACE criteria for wetland vegetation; however, did not meet the criteria for soils or hydrology (however, it met secondary hydrology indicator B 10). Photograph 10 (NE). Photograph depicts the depressed vegetation along the bed of drainage 1, at UDP lb. As stated above, secondary hydrology indicator B 10 was met at this location. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project D-rJ ESA/D201901440.00 Aquatic Resources Delineation Report January 2022 Appendix D Cultural Resources Assessment Report ESA Public Version Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project Cultural Resources Assessment Report Prepared for City of Temecula 41000 Main Street Temecula, CA 92590 January 2022 r ESA Public Version Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project Cultural Resources Assessment Report Prepared for: City of Temecula 41000 Main Street Temecula, CA 92590 Prepared by: ESA 550 West C Street, Suite 750 San Diego, CA 92101 Principal Investigator: Monica Strauss, M.A., RPA Report Author: Michael Vader, B.A. Project Location: Murrieta (CA) USGS 7.5-minute Topographic Quad Township 7 South, Range 3 West, Unsectioned Acreage; Approx. 1 ,10 acres 550 West C Street Suite 750 San Diego, CA 92101 619.719.4200 esassoc.com Irvine Sacramento Los Angeles San Diego Oakland San Francisco Orlando Santa Monica Pasadena Seattle Petaluma Tampa Portland Camarillo D201901440.00 January 2022 ESA OUR COMMITMENT TO SUSTAINABILITY I ESA helps a variety of public and private sector clients plan and prepare for climate change and emerging regulations that limit GHG emissions. ESA is a registered assessor with the California Climate Action Registry, a Climate Leader, and founding reporter for the Climate Registry. ESA is also a corporate member of the U.S. Green Building Council and the Business Council on Climate Change (BC3). Internally, ESA has adopted a Sustainability Vision and Policy Statement and a plan to reduce waste and energy within our operations. This document was produced using recycled paper. Table of Contents Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project - Cultural Resources Assessment Report Paqe ExecutiveSummary...........................................................................................................ES-1 Introduction..............................................................................................................................1 ProjectLocation................................................................................................................1 ProjectDescription...........................................................................................................5 Areaof Potential Effects.........................................................................................................6 Setting....................................................................................................................................... 8 NaturalSetting..................................................................................................................8 PrehistoricSetting............................................................................................................8 EthnographicSetting......................................................................................................11 HistoricSetting................................................................................................................12 RegulatoryFramework..........................................................................................................14 Federal............................................................................................................................14 State...............................................................................................................................16 Local...............................................................................................................................20 ArchivalResearch.................................................................................................................23 EICRecords Search.......................................................................................................23 Native American Outreach.............................................................................................26 Historic Maps and Aerial Photographs...........................................................................27 Subsurface Archaeological Sensitivity...........................................................................28 Cultural Resources Survey...................................................................................................29 Conclusions and Recommendations..................................................................................31 References.............................................................................................................................. 34 Appendices A. Personnel B. Native American Outreach Santa Gertrudis Creek Trail Phase II Undercrossing Project Cultural Resources Assessment PUBLIC VERSION ESA I D201901440.00 January 2022 List of Figures Figure 1 Regional Location......................................................................................................2 Figure2 Project Location.........................................................................................................3 Figure3 Project Vicinity.............................................................................................................4 Figure 4 Area of Potential Effects ..............................................................................................7 Figure5 Survey Photos...........................................................................................................30 List of Tables Table 1 Previous Cultural Resources Investigations...............................................................23 Table 2 Previously Recorded Cultural Resources..................................................................25 Table 3 Summary of Native American Outreach.....................................................................26 Santa Gertrudis Creek Trail Phase II Undercrossing Project I I ESA I D201901440.00 Cultural Resources Assessment January 2022 PUBLIC VERSION EXECUTIVE SUMMARY Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project - Cultural Resources Assessment Report The City of Temecula Planning Department (City) has retained Environmental Science Associates (ESA) to conduct a cultural resources assessment for the Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project (Project) in support of an Initial Study/Mitigated Negative Declaration (IS/MND) being prepared pursuant to the California Environmental Quality Act (CEQA). The Project proposes the construction of a bicycle/multi-use trail undercrossing for the existing Santa Gertrudis Creek Trail (SGCT) where it crosses Margarita Road, a heavily traveled four -lane divided collector roadway. The proposed undercrossing would improve safety at this location by removing the need for recreational users to use the existing roadway as a trail crossing. The City is the lead agency pursuant to the California Environmental Quality Act (CEQA). The proposed Project requires a Section 404 permit from the U.S. Army Corps of Engineers (USAGE) and must comply with Section 106 of the National Historic Preservation Act (NHPA) of 1966, as amended. The USACE is the lead federal agency responsible for compliance with Section 106 of the NHPA. An Area of Potential Effects (APE) was established for the proposed Project according to Section 106 of the NHPA. The APE encompasses the horizontal and vertical extent in which Project effects could occur as a result of Project ground disturbing activities. The approximately 1.10- acre horizontal APE includes the Project footprint plus a 25-foot buffer to account for movement of construction equipment. The Project's vertical APE includes the maximum height of above- ground Project components, which is 10 feet for the construction of retaining walls, as well as the maximum depth of Project ground disturbance, which is a depth of 8 feet for the installation of retaining wall footings. A records search for the Project was conducted on May 4, 2021 by staff at the California Historical Resources Information System (CHRIS) Eastern Information Center (EIC) housed at University of California, Riverside. The records search included a review of all recorded cultural resources and previous studies within the APE and a 1-mile radius of the APE. The records search results indicate that 49 cultural resources studies have been conducted within a 1-mile radius of the APE. Of the 49 previous studies, eight (RI-01048,-01865,-02241,-02431,-02614, - 03611,-08390, and-09257) overlap the APE. The entirety of the APE has been included in previous cultural resources studies. The records search results indicate six cultural resources have been previously recorded within a 1-mile radius of the APE. Of these six cultural resources, one is a prehistoric archaeological site consisting of a lithic and groundstone scatter (P-33-001730), Santa Gertrudis Creek Trail Phase II Undercrossing Project ES-1 ESA I D201901440.00 Cultural Resources Assessment January 2022 PUBLIC VERSION Executive and five are prehistoric isolates (P-33-012381,-012382,-012383,-012384, and-012385). None of these previously recorded resources are located within or immediately adjacent to the APE. The results of a Sacred Lands File (SLF) search conducted by the California Native American Heritage Commission (NAHC) on December 28, 2020 indicates that Native American cultural resources are present in the APE's vicinity; however, the NAHC provided no further details. The NAHC recommended contacting the Pechanga Band of Luiseno Indians for more information. ESA conducted outreach to the 20 Native American representatives indicated by the NAHC as having affiliation with the APE. ESA sent outreach letters via certified mail to the 20 Native American representatives on January 15, 2021 and conducted follow-up phone calls on January 28, 2021. Three tribal groups, including the Rincon Band of Luiseno Indians, the Quechan Indian Tribe, and the Agua Caliente Band of Cahuilla Indians, responded to the outreach. The results of the outreach are summarized in the Archival Research section of this report. A desktop review of geologic maps and soils data was conducted to assess the potential for subsurface archaeological deposits within the APE. The late Pleistocene to Holocene -age younger alluvial channel deposits mapped at surface in the APE encompass the entirety of human habitation of North America, and are, therefore, of appropriate age to contain subsurface archaeological deposits. However, given the degree of past disturbance associated with the construction of the Santa Gertrudis Creek Channel, the APE has moderate sensitivity for the presence of subsurface archaeological resources. A cultural resources survey of the APE was conducted on May 14, 2021 by ESA cultural resources staff accompanied by a Pechanga Band of Luiseno Indians tribal monitor. The survey was aimed at identifying cultural resources within or immediately adjacent to the APE. All accessible areas of the APE containing visible ground surface were subject to inspection. No cultural resources identified as a result of the survey. No cultural resources were identified within the APE as a result of this assessment. As such, the Project would result in No Historic Properties Affected under Section 106 of the NHPA. As a result of the archival research and cultural resources survey conducted for the Project, no cultural resources have been identified within APE. However, the likelihood for encountering subsurface archaeological deposits within the APE during Project construction is moderate. In the event that subsurface archaeological deposits are encountered during Project implementation, they may qualify as historical resources or unique archaeological resources pursant to CEQA and may subject to significant impacts. As such, recommendations for the retention of a qualified archaeologist, cultural resources sensitivity training, construction monitoring and inadvertent discovery protcols are provided in the Conclusions and Recommendations Section at the close of this report. Santa Gertrudis Creek Trail Phase II Undercrossing Project ES-2 Cultural Resources Assessment PUBLIC VERSION ESA I D201901440.00 January 2022 Santa Gertrudis Trail Phase II Undercrossing at Margarita Road Cultural Resources Assessment Report Introduction The City of Temecula Planning Department (City) has retained Environmental Science Associates (ESA) to conduct a cultural resources assessment for the Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project (Project) in support of an Initial Study/Mitigated Negative Declaration (IS/MND) being prepared pursuant to the California Environmental Quality Act (CEQA). The Project proposes the construction of a bicycle/multi-use trail undercrossing for the existing Santa Gertrudis Creek Trail (SGCT) where it crosses Margarita Road, a heavily traveled four -lane divided collector roadway. The proposed undercrossing would improve safety at this location by removing the need for recreational users to use the existing roadway as a trail crossing. The City is the lead agency pursuant to the California Environmental Quality Act (CEQA). The proposed Project requires a Section 404 permit from the U.S. Army Corps of Engineers (USAGE) and must comply with Section 106 of the National Historic Preservation Act (NHPA) of 1966, as amended. The USACE is the lead federal agency responsible for compliance with Section 106 of the NHPA. ESA personnel involved in the preparation of this report are as follows: Monica Strauss, M.A., RPA., Principal Investigator; Michael Vader, B.A, report author and surveyor; and Jason Nielson, GIS specialist. Resumes of key personnel are included in Appendix A. Project Location The Project is located in the City of Temecula in southwest Riverside County (Figure 1). Specifically, the Project is located on the southeast side of Santa Gertrudis Creek where it crosses under Margarita Road (Figure 2). The Project is located in an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA U.S. Geological Survey (USGS)7.5-minute topographic quadrangle (Figure 3). Santa Gertrudis Creek Trail Phase II Undercrossing Project Cultural Resources Assessment ESA I D201901440.00 January 2022 PUBLIC VERSION 60 Moreno Valley Corona Lake Lake IV Matthews Perris Sun City Cleveland Lake Lake Elsinore N a t i o n a l / Elsinore Forest �J OJT Wildomar:;4^ �t'�'.7�,% V �AV : G ? ; /�� O /,�� Santa Ana Mountains I._""-""-_"-------"-, Project LocationTemecula L R��FR Co --__- San ClementeOM /ram o. /J Camp Pendleton5 r Marine Corps Base Iv Bonsall 1 Pauma Valley \J 371 Oceanside Vista Valley Center Carlsbad 78 ll r, San Marcos Lake O0 8 Escondido Sutherland N Miles San Pasqual SOURCE: ESRI Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Figure 1 Regional Location ESA SOURCE: Nearmap, 2020. Santa Gertrudis Trail Phase II Undercrossing Figure 2 ESA Project Location Hot Spri � � a` . i / `` + .� ✓to O I V p o� o 0 / f M'I 7 M J i s i " �� • Reservoir ,•s'.... F C i0s0.. Reservoir- 0 'C-J \ D O f S\' N moo 02,000 ,\, ?► . ` n �� Project Area L e TOPO QUAD: Murrieta, CA 7.5-minute Santa Gertrudis Trail Phase II Undercrossing Figure 3 r ESA Project Vicinity Cultural Resources Assessment Project Description The Project would construct a bicycle/multi-use trail undercrossing for the existing Santa Gertrudis Creek Trail (SGCT). The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing would improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The Project proposes the construction of a total of approximately 610 feet of a shared bicycle/trail undercrossing beneath the overpass of Margarita Road. The proposed off-street paved undercrossing would begin where the existing grade of the SGCT ramps begin to elevate to meet the grade of the overcrossing of Margarita Road at the east and west sides, which is slightly north of the existing overcrossing site. The Project would include the removal of existing pavements and soils to bring the proposed SCGT to five percent grade, utility improvements, and the construction of the SGCT in a new location beneath Margarita Road. The Project components are described in detail in the following paragraphs. Proposed Trail Connection Implementation of the Project would include the demolition of the existing SGCT along the east and western sides of Margarita Road, which includes the removal of one -foot minimum of existing aggregated concrete pavement and the compaction of existing soils to bring to grade the proposed trail. The proposed juncture of the existing trail and proposed undercrossing would be brought to a median elevation of 1,088 feet AMSL, which results in a five percent grade change to the lowest extent of the proposed trail on each side. The Project would include the reconstruction and/or replacement of the existing trail and infrastructure, such as the existing retaining wall and channel slope paving and cut-off wall. A ground anchor wall (GAW) is also proposed below the Margarita Road undercrossing, which would be used to retain the abutment end slope. Existing water valves and fixtures impacted by trenching of the soil to grade would be restored, which include utilities such as water valves and curb and gutter replacements. It is anticipated that all conflicting surface utilities facilities would either be protected in place or be relocated within the confines of the Project boundary. Once the existing SGCT along the eastern and western sides of Margarita Road is demolished, the proposed trail undercrossing would be constructed beneath Margarita Road directly north of the existing overcrossing. The proposed undercrossing would be 610 feet long and 12 feet wide and would be paved on compacted soil. In addition, a retaining wall would be constructed where the proposed shared -use path would encroach into the cut slopes of Santa Gertrudis Creek along the northern length of the existing SGCT. The proposed retaining wall would be approximately 6 to 10 feet in height and would incorporate drainage V-ditches outside of the Margarita Road bridge. The existing pier wall near the Santa Gertrudis Creek and Flood Control facilities and posts beneath the Margarita Road overpass would be protected in place. The existing channel wall slope paving would be removed and reconstructed. Along the southern length of the proposed shared -use path, a tieback wall would be constructed to prevent erosion of the existing slopes. Santa Gertrudis Creek Trail Phase II Undercrossing Project Cultural Resources Assessment ESA I D201901440.00 January 2022 PUBLIC VERSION Cultural Resources Assessment The Project would include the installation of a 4-foot high, chain -link fence and a Type 5 retaining wall in accordance with Caltrans Standard Plans (B3-1) along the north side of the proposed undercrossing. The retaining wall would serve as a barrier between the proposed shared -use path and the existing Santa Gertrudis Creek edge due to the close proximity of the two facilities. Other Improvements Bike path signage would be installed throughout the Project Site to educate users of the SGCT on current laws and user responsibility. The Project would not include any installation of trail lighting. In addition, landscaping and slope improvements would be needed along the proposed shared -use path Area of Potential Effects An Area of Potential Effects (APE) was established for the proposed Project according to Section 106 of the NHPA in coordination with USACE (Figure 4). An APE is defined as: "the geographic area or areas within which an undertaking may directly or indirectly cause alterations in the character or use of historic properties, if any such properties exist. The APE is influenced by the scale and nature of an undertaking and may be different for different kinds of effects caused by the undertaking" (36 Code of Federal Regulations [CFR] 800.16[d]). The APE encompasses the horizontal and vertical extents in which Project effects could occur as a result of Project ground disturbing activities. The approximately 1.10-acre horizontal APE includes the Project footprint plus a 25-foot buffer to account for movement of construction equipment. The Project's vertical APE includes the maximum height of above ground Project components, which is 10 feet for the construction of the retaining walls, as well as the maximum depth of Project ground disturbance, which is a depth of 8 feet for the installation of retaining wall footings. Santa Gertrudis Creek Trail Phase II Undercrossing Project Cultural Resources Assessment ESA I D201901440.00 January 2022 PUBLIC VERSION SOURCE: Nearmap, 2020. Santa Gertrudis Trail Phase II Undercrossing Figure 4 ESA Area of Potential Effects Cultural Resources Assessment Setting Natural Setting The APE is situated along the southeastern bank of a channelized segment of Santa Gertrudis Creek. Santa Gertrudis Creek is a northeast -southwest trending intermittent drainage that conveys seasonal stormwater and other runoff from nearby streets and surrounding residential subdivision. The creek converges with Murrieta Creek approximately 1.6 miles southwest of the APE and Murrieta Creek continues for another 3.5 miles before converging with the Santa Margarita River, which continues for approximately 29 river miles before reaching the Pacific Ocean at Marine Corps Base Camp Pendleton in San Diego County. Vegetation within the APE and its immediate vicinity include annual grasses and forbs, Goodding's willow -sandbar willow riparian woodland/forest, and hardstem bulrush marsh (ESA, 2021). The APE's vicinity is dominated by commercial and residential development. Residential subdivisions are present northwest and across the creek from the APE, and commercial development including grocery and drug stores bound the APE's southeastern margin. Prehistoric Setting The chronology of coastal southern California is typically divided into three general time periods: the Early Holocene (11,000 to 8,000 Before Present [B.P.]), the Middle Holocene (8,000 to 4,000 B.P.), and the Late Holocene (4,000 B.P. to A.D. 1769). Within this timeframe, the archaeology of southern California is generally described in terms of cultural "complexes." A complex is a specific archaeological manifestation of a general mode of life, characterized archaeologically by particular technologies, artifacts, economic systems, trade relationships, burial practices, and other aspects of culture. Early Holocene (11,000 to 8,000 B.P.) While it is not certain when humans first came to California, their presence in southern California by about 11,000 B.P. has been well documented. At Daisy Cave, on San Miguel Island, cultural materials have been radiocarbon dated to between 11,100 and 10,950 years B.P. (Byrd and Raab, 2007). On the mainland, radiocarbon evidence confirms occupation of the Orange County and San Diego County coast by about 9,000 B.P., primarily in lagoon and river valley locations (Gallegos, 2002). In western Riverside County, few Early Holocene sites are known to exist. One exception is site CA-RIV-2798, which contains deposits dating to as early as 8,580 cal. B.P. (Grenda, 1997). During the Early Holocene, the climate of southern California became warmer and more and and the human population, residing mainly in coastal or inland desert areas, began exploiting a wider range of plant and animal resources (Byrd and Raab, 2007). The primary Early Holocene cultural complex in coastal southern California was the San Dieguito Complex, occurring between approximately 10,000 and 8,000 B.P. The people of the San Dieguito Complex inhabited the chaparral zones of southwestern California, exploiting the plant and animal resources of these ecological zones (Warren, 1967). Leaf -shaped and large - Santa Gertrudis Creek Trail Phase II Undercrossing Project Cultural Resources Assessment ESA I D201901440.00 January 2022 PUBLIC VERSION Cultural Resources Assessment stemmed projectile points, scraping tools, and crescentics are typical of San Dieguito Complex material culture. Middle Holocene (8,000 to 4,000 B.P.) During the Middle Holocene, there is evidence for the processing of acorns for food and a shift toward a more generalized economy in coastal and inland southern California. The processing of plant foods, particularly acorns, increased, a wider variety of animals were hunted, and trade with neighboring regions intensified (Byrd and Raab, 2007). The Middle Holocene La Jolla Complex (8,000-4,000 B.P.) is essentially a continuation of the San Dieguito Complex. La Jolla groups lived in chaparral zones or along the coast, often migrating between the two. Coastal settlement focused around the bays and estuaries of coastal Orange and San Diego Counties. La Jolla peoples produced large, coarse stone tools, but also produced well -made projectile points and milling slabs. The La Jolla Complex represents a period of population growth and increasing social complexity, and it was also during this time period that the first evidence of the exploitation of marine resources and the grinding of seeds for flour, as indicated by the abundance of millingstones in the archaeological record, appears (Byrd and Raab, 2007). Contemporary with the La Jolla Complex, the Pauma Complex has been defined at inland sites in San Diego and Riverside Counties (True, 1958). The Pauma Complex is similar in technology to the La Jolla Complex; however, evidence of coastal subsistence is absent from the Pauma Complex sites (Moratto, 1984). The Pauma and La Jolla Complexes may either be indicative of separate inland and coastal groups with similar subsistence and technological adaptations, or, alternatively, may represent inland and coastal phases of one group's seasonal rounds. The latter hypothesis is supported by the lack of hidden and deeply buried artifacts at Pauma sites, indicating that these sites may have been temporary camps for resource gathering and processing. Late Holocene (4,000 B.P. to A.D. 1769) During the Late Holocene, native populations of southern California were becoming less mobile and populations began to gather in small sedentary villages with satellite resource -gathering camps (Byrd and Raab, 2007). Evidence indicates that the overexploitation of larger, high -ranked food resources may have led to a shift in subsistence towards a focus on acquiring greater amounts of smaller resources, such as shellfish and small -seeded plants (Byrd and Raab, 2007). Around 1,000 B.P., an episode of sustained drought, known as the Medieval Climatic Anomaly (MCA), occurred. While the effects of this environmental change on prehistoric populations are still being debated, it did likely lead to changes in subsistence strategies in order to deal with the substantial stress on resources (Jones and Schwitalla, 2008). In coastal southern California, beginning before the MCA but possibly accelerated by it, conditions became drier and many lagoons had been transformed into saltwater marshes. Because of this, populations abandoned coastal mesa and ridge tops to settle nearer to permanent freshwater resources (Gallegos, 2002). Santa Gertrudis Creek Trail Phase II Undercrossing Project Cultural Resources Assessment ESA I D201901440.00 January 2022 PUBLIC VERSION Cultural Resources Assessment Although the intensity of trade had already been increasing, it reached its zenith in the Late Holocene, with asphaltum (tar), seashells and steatite being traded from southern California to the Great Basin. Major technological changes appeared as well, particularly with the advent of the bow and arrow, which largely replaced the use of the dart and atlatl (Byrd and Raab, 2007). Small projectile points, ceramics, including Tizon brownware pottery, and obsidian from Obsidian Butte (Imperial County), are all representative artifacts of the Late Holocene. It has been postulated that as early as 3,500 B.P., a Takic-speaking people arrived in coastal Los Angeles and Orange counties, having migrated west from inland desert regions (Kroeber, 1925; Sutton, 2009; Warren, 1967). By around 1,500 to 1,000 B.P., Takic language and cultures had spread to the south and inland to the east. These new arrivals, linguistically and culturally different from earlier coastal populations, may have brought new settlement and subsistence systems with them, along with other new cultural elements. This migration has been postulated as being a factor in several of the significant changes in material culture seen in the Late Holocene (such as the use of smaller projectile points and pottery), as well as the introduction of cremation as a burial practice. Alternatively, Shaul (2014) has postulated an origin of the Proto Uto Aztecan Language, an antecedent to Uto Aztecan language family of with the Takic language is a branch, in the southern portion of California's Central Valley as early as the Middle Holocene, with groups expanding into southern California and the Great Basin over time. Schaul's (2014) hypothesis is based on linguistic data, including loan words between Uto Aztecan and non-Uto Aztecan groups, as well as archaeological evidence in the form of Olivella grooved rectangular beads. Based on these lines of evidence, Shaul (2014) has hypothesized that peoples speaking Uto Aztecan languages have been present in California from at least 4,200 to 5,200 B.P. The San Luis Rey culture (divided into San Luis Rey I [AD 1400 to 1750] and San Luis Rey II [AD 1750 to 1850]) represented the Late Period in southwestern Riverside County and northern San Diego County (Moratto, 1984). San Luis Rey I village sites contain manor (hand stones), metates (grinding slabs), bedrock mortars, shell artifacts, and triangular arrow points. In addition to these features, San Luis Rey II sites are characterized by the presence of pottery, pictographs, and the cremation of the dead (Moratto, 1984). San Luis Rey settlement patterns in the upper San Luis Rey River drainage are typified by seasonally occupied lowland villages located in proximity to water sources, and highland villages occupied in the late summer and fall for acorn collection (True and Waugh, 1982). However, settlement patterns within southwestern Riverside County are less well known. The available information, stemming primarily from survey data, indicates that four primary site types existed within the region during the Late Period: field camps, resource procurement locations, residential bases, and villages (Mason, 1999). Resource procurement locations and field camps, the most common site types, contain a limited assemblage of artifacts and subsistence remains, primarily lithic debitage, some tools, fire affected rock, and small amounts of animal bones and charred seeds and nuts. This indicates that these types of sites were used primarily for focused activities and short-term occupancy. Santa Gertrudis Creek Trail Phase II Undercrossing Project 10 Cultural Resources Assessment PUBLIC VERSION ESA I D201901440.00 January 2022 Cultural Resources Assessment Villages and residential bases, on the other hand, show evidence for long-term occupation by large groups of people. Villages were occupied year-round, while residential bases were occupied seasonally. Artifacts and features found at both villages and residential bases, including large amounts of faunal and botanical remains, numerous high -quality tools, fire -affected rock, and anthrosols, indicate a wide range of activities (Mason, 1999). Bedrock mortars point to the processing of seeds and acorns, and ceremonial activities are evidenced by the presence of pictographs, petroglyphs, and cupules within village sites. The pre -contact Luiseno village of Tem6ku has a long rich documented history, and is comprised of over 30 sites located along Temecula Creek representing thousands of years of continuous occupation in the Valley. Masiel-Zamora (2015) indicates that the oldest components of Tem6ku date to at least 6,000 B.P. as obtained through by obsidian hydration dating. Ethnographic Setting Native Americans living in the APE's vicinity at the time of Spanish contact are now known as the Luiseno, after the Mission San Luis Rey to which many of them were relocated. The language of the Luiseno people has been identified as belonging to the Cupan group of the Takic subfamily, which is part of the larger Uto-Aztecan language family (Bean and Shipek, 1978). Luiseno territory was bordered by Agua Hedionda Creek on the south and Aliso Creek on the northwest, encompassed most of the drainage of the San Luis Rey River and the Santa Margarita River, and extended east as far as the San Jacinto Mountains (Kroeber, 1925). Today this area is located within northern San Diego, southern Orange, and Riverside Counties, and would have encompassed a diverse environment including lagoons and marshes, coastal areas, inland river valleys, foothills, and mountains. The neighbors of the Luiseno to the north and northwest were the Juaneno, Gabrielino, and Serrano; to the east were the Cahuilla and Cupeno; and to the south were the Kumeyaay. The Luiseno subsisted on small game, coastal marine resources, and a wide variety of plant foods such as grass seeds and acorns. Luiseno houses were conical thatched reed, brush, or bark structures. The Luiseno inhabited permanent villages centered around patrilineal clans, with each village headed by a chief, or not (Kroeber, 1925; Sparkman, 1908). Seasonal camps associated with villages were also used. Each village or clan had an associated territory and hunting, collecting, and fishing areas. Villages were typically located in proximity to a food or water source, or in defensive locations, often near valley bottoms, streams, sheltered coves or canyons, or coastal strands (Bean and Shipek, 1978). It is estimated that there may have been around 50 Luiseno villages with a population of about 200 each at the time of the first Spanish contact (Bean and Shipek, 1978). Today, there are six federally recognized tribes in California who share Luiseno tribal affiliation, language, and culture, including the La Jolla, Rincon, Pauma, Pechanga, Pala, and Soboba. The Pechanga Band of Luiseno Indians (Pechanga) is historically and currently affiliated with the APE. Santa Gertrudis Creek Trail Phase II Undercrossing Project 11 Cultural Resources Assessment PUBLIC VERSION ESA I D201901440.00 January 2022 Cultural Resources Assessment Luiseno Origin Narrative Of great importance to the Pechanga Tribe, and relevant to the current Project, is the Luiseno creation story, which tells how the world came into being. The creation story is embodied in the Luiseno Ancestral Origin Landscape, a National Register of Historic Places (National Register) - listed Traditional Cultural Property located primarily in southwest Riverside County near the City of Temecula, with a small portion in San Diego County. The landscape covers 8.39 square miles, and its boundary has been identified based on oral tradition and ethnographic literature. As detailed in the National Register listing, the property represents the landscape where the Creation of the World occurred and where the Kaamalam, or Luiseno First People, lived. The landscape identifies the place of Luiseno origins, the beginning of the world, and the place where Wuyoot, one of the first born and a prophet to the Kaamalam, instructed the people on how to live and gave them their religious songs and ceremonies that are still practiced today. There are 28 mostly intact resources located within the boundary of the landscape, which include sacred rock formations, rock art, and village sites. As one of the most sacred areas for all Luiseno People, the landscape is associated in oral historical accounts with the founding of the tribe, with the cultural traditions of the Pechanga and larger Luiseno community, and with the tribal prophet Wuyoot and tribal leader Naxachish. Historic Setting The first European presence in what is now southern California came in 1542, when Juan Rodriguez Cabrillo led an expedition along the coast. Europeans did not return until 1769, when the expedition of Gaspar de Portola traveled overland from San Diego to San Francisco. The Riverside County area received its first European visitors during the early and mid- 1770s, shortly after the beginning of Spanish colonization of Alta California in 1769. The first known European to set foot in this area was a Franciscan padre, Father Juan Norberto de Santiago, who traveled into the Temecula Valley in October 1797. Santiago was on an expedition out of Mission San Juan Capistrano seeking a site for a new mission. With his party of seven soldiers, he came upon what is now Lake Elsinore, and then traveled southward through the Temecula Valley and on to the Pacific Ocean (City of Temecula, 2012). In the late 18th century, the Spanish began establishing missions in California and forcibly relocating and converting native peoples. Mission San Juan Capistrano was founded approximately 30 miles west of the APE in 1776. In 1798, Father Juan Norberto de Santiago founded the Mission of San Luis Rey de Francia, approximately 23 miles to the southwest of the APE. Throughout California, disease and hard labor took a toll on the native populations; by 1900, the Native Californian population had declined by over 90 percent (Cook, 1978). In addition, native economies were disrupted, trade routes were interrupted, and native ways of life were significantly altered. Mexican and European ranchers began settling in the Temecula Valley in the late 18th century. Nearer to the APE, the smaller asistencia San Antonio de Pala, about 10 miles southeast of Temecula, was founded in 1816 (Van Horn, 1974). In 1821, Mexico, which included much of present-day California, became independent from Spain, and during the 1820s and 1830s, the Santa Gertrudis Creek Trail Phase II Undercrossing Project 12 Cultural Resources Assessment PUBLIC VERSION ESA I D201901440.00 January 2022 Cultural Resources Assessment California missions were secularized. Mission property, although it was supposed to have been held in trust for the Native Californians, was handed over to civil administrators and then into private ownership. After secularization, many former Mission Indians were forced to leave the Missions and seek employment as laborers, ranch hands, or domestic servants (Horne and McDougall, 2003). Locally, three land grants were awarded during the Mexican period. The 26,608-acre Temecula Rancho, which included the APE along with much of the Temecula and Murrieta valleys, was deeded to Felix Valdez in 1844. The 26,597-acre Pauba Rancho was awarded to Vicente Moraga the same year. In 1845, the 2,283-acre Little Temecula Rancho was granted to Pablo Apis, a Luiseno Indian. The Little Temecula Rancho encompassed some of the most fertile land in the Temecula Valley, and was strategically situated on a trail between San Diego and northern regions (Van Horn, 1974). In 1848, gold was discovered in California, leading to a huge influx of people from other parts of North America, and in 1850, California became part of the United States of America. The opening of the Butterfield Overland Mail route in 1858, and later the California Southern Railroad line in 1882 greatly increased the number of people coming to southern California (Helmich, 2008; Lowell, 1985). The major travel corridor through Temecula in the 19th century was known as the Southern Emigrant Trail, and was the primary route by which prospectors and other immigrants travelled to and through California (Brigandi, 2012). In addition, the trail became the route for the Butterfield Overland Mail from 1858 to 1861. The stage company established a stop in Temecula at Louis Wolf s store, which was then the center of the village of Temecula. Temecula's first post office was established in 1859 at the stage stop (Brigandi, 2012). In 1875, the Tem6ku people were evicted from their traditional lands. The Pechanga Reservation was established on June 27, 1882 under Executive Order by President Chester A. Arthur. The name is derived from a spring at the foot of the mountain named Pechaq (PEH-chaq), which means "water is dripping" (Woodward, n.d.) Due to lack of water, farming on the reservation was difficult and making a living was a challenge. In the early 1900s several families moved away from Pechanga to find work. In 1906, U.S. Indian Commissioner C.E. Kelsey proposed acquisition of additional farmland for the Pechanga Reservation. In 1907, the U.S. government purchased 235 acres of adjacent land that came to be known as the Kelsey Tract. The Pechanga people dug a well and installed a windmill -powered pump to facilitate irrigation of agricultural lands (Pechanga Band of Luiseno Indians, 2017). In 1880, construction began on the California Southern Railroad, which would eventually connect San Diego with the Santa Fe railroad line through the Cajon Pass, by way of Temecula. The railroad established a new Temecula town site across the creek from the railroad tracks, about 3.5 miles to the northwest of the old town. Drawn by the prospect of direct access to the railroad, most residents relocated to the new town site. The railroad also helped to create a granite quarrying industry, which flourished in the late 19th century (Brigandi, 2012). However, the tracks through Temecula Canyon were washed out in a flood in 1891, and never rebuilt. Santa Gertrudis Creek Trail Phase II Undercrossing Project 13 ESA I D201901440.00 Cultural Resources Assessment January 2022 PUBLIC VERSION Cultural Resources Assessment In 1893, following a period of conflict and discontent between the cities of Riverside and San Bernardino, portions of the Temecula and San Jacinto Valleys, which were then in San Diego County, joined with the City of Riverside in the formation of the new Riverside County (Horne and McDougall, 2003). Until the 1960s, the Temecula Valley was part of the Vail Ranch and was used primarily for cattle ranching and agriculture. However, the last years of the 1960s and early 1970s witnessed the beginnings of dramatic change in the Temecula Valley as the area began to experience its growth as an urban area. This urban growth continued through the area's incorporation as a City in December 1989 into the present time. Wine production in Temecula began in the late 20th century as well. The first vineyards were planted in the late 1960s and today several dozen wineries can be found throughout the area (Brigandi, 2012). Regulatory Framework Numerous laws and regulations require federal, state, and local agencies to consider the effects a project may have on cultural resources. These laws and regulations stipulate a process for compliance, define the responsibilities of the various agencies proposing the action, and prescribe the relationship among other involved agencies. Federal National Historic Preservation Act The principal federal law addressing historic properties is the National Historic Preservation Act (NHPA), as amended (54 United States Code of Laws [USC] 300101 et seq.), and its implementing regulations (36 CFR Part 800). Section 106 requires a federal agency with jurisdiction over a proposed federal action (referred to as an "undertaking" under the NHPA) to take into account the effects of the undertaking on historic properties, and to provide the Advisory Council on Historic Preservation (ACHP) an opportunity to comment on the undertaking. The term "historic properties" refers to "any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register" (36 CFR Part 800.16(0(1)). The implementing regulations (36 CFR Part 800) describe the process for identifying and evaluating historic properties, for assessing the potential adverse effects of federal undertakings on historic properties, and seeking to develop measures to avoid, minimize, or mitigate adverse effects. The Section 106 process does not require the preservation of historic properties; instead, it is a procedural requirement mandating that federal agencies take into account effects to historic properties from an undertaking prior to approval. The steps of the Section 106 process are accomplished through consultation with the State Historic Preservation Officer (SHPO), federally -recognized Indian tribes, local governments, and other interested parties. The goal of consultation is to identify potentially affected historic properties, assess effects to such properties, and seek ways to avoid, minimize, or mitigate any adverse effects on such properties. The agency also must provide an opportunity for public involvement (36 CFR 800.1(a)). Consultation with Indian tribes regarding issues related to Santa Gertrudis Creek Trail Phase II Undercrossing Project 14 ESA I D201901440.00 Cultural Resources Assessment January 2022 PUBLIC VERSION Cultural Resources Assessment Section 106 and other authorities (such as NEPA and Executive Order No. 13007) must recognize the government -to -government relationship between the Federal government and Indian tribes, as set forth in Executive Order 13175, 65 FR 87249 (Nov. 9, 2000), and Presidential Memorandum of Nov. 5, 2009. National Register of Historic Places The National Register of Historic Places (National Register) was established by the NHPA of 1966, as "an authoritative guide to be used by federal, State, and local governments, private groups and citizens to identify the Nation's historic resources and to indicate what properties should be considered for protection from destruction or impairment" (36 CFR 60.2) (U.S. Department of the Interior, 2002). The National Register recognizes a broad range of cultural resources that are significant at the national, state, and local levels and can include districts, buildings, structures, objects, prehistoric archaeological sites, historic -period archaeological sites, traditional cultural properties, and cultural landscapes. As noted above, a resource that is listed in or eligible for listing in the National Register is considered "historic property" under Section 106 of the NHPA. To be eligible for listing in the National Register, a property must be significant in American history, architecture, archaeology, engineering, or culture. Properties of potential significance must meet one or more of the following four established criteria: A. Are associated with events that have made a significant contribution to the broad patterns of our history; B. Are associated with the lives of persons significant in our past; C. Embody the distinctive characteristics of a type, period, or method of construction or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or D. Have yielded, or may be likely to yield, information important in prehistory or history. In addition to meeting one or more of the criteria of significance, a property must have integrity. Integrity is defined as "the ability of a property to convey its significance" (U.S. Department of the Interior, 2002). The National Register recognizes seven qualities that, in various combinations, define integrity. The seven factors that define integrity are location, design, setting, materials, workmanship, feeling, and association. To retain historic integrity a property must possess several, and usually most, of these seven aspects. Thus, the retention of the specific aspects of integrity is paramount for a property to convey its significance. Ordinarily religious properties, moved properties, birthplaces or graves, cemeteries, reconstructed properties, commemorative properties, and properties that have achieved significance within the past 50 years are not considered eligible for the National Register unless they meet one of the Criteria Considerations (A-G), in addition to meeting at least one of the four significance criteria and possessing integrity (U.S. Department of the Interior, 2002). Santa Gertrudis Creek Trail Phase II Undercrossing Project 15 Cultural Resources Assessment PUBLIC VERSION ESA I D201901440.00 January 2022 Cultural Resources Assessment State California Environmental Quality Act CEQA is the principal statute governing environmental review of projects occurring in the state and is codified at Public Resources Code (PRC) Section 21000 et seq. CEQA requires lead agencies to determine if a proposed project would have a significant effect on the environment, including significant effects on historical or unique archaeological resources. Under CEQA (Section 21084.1), a project that may cause a substantial adverse change in the significance of an historical resource is a project that may have a significant effect on the environment. The CEQA Guidelines (Title 14 California Code of Regulations [CCR] Section 15064.5) recognize that historical resources include: (1) a resource listed in, or determined to be eligible by the State Historical Resources Commission, for listing in the California Register of Historical Resources (California Register); (2) a resource included in a local register of historical resources, as defined in PRC Section 5020.1(k) or identified as significant in a historical resource survey meeting the requirements of PRC Section 5024.1(g); and (3) any object, building, structure, site, area, place, record, or manuscript which a lead agency determines to be historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California by the lead agency, provided the lead agency's determination is supported by substantial evidence in light of the whole record. The fact that a resource does not meet the three criteria outlined above does not preclude the lead agency from determining that the resource may be an historical resource as defined in PRC Sections 5020.10) or 5024.1. If a lead agency determines that an archaeological site is a historical resource, the provisions of Section 21084.1 of CEQA and Section 15064.5 of the CEQA Guidelines apply. If an archaeological site does not meet the criteria for a historical resource contained in the CEQA Guidelines, then the site may be treated in accordance with the provisions of Section 21083, which is as a unique archaeological resource. As defined in Section 21083.2 of CEQA a "unique" archaeological resource is an archaeological artifact, object, or site, about which it can be clearly demonstrated that without merely adding to the current body of knowledge, there is a high probability that it meets any of the following criteria: • Contains information needed to answer important scientific research questions and there is a demonstrable public interest in that information; • Has a special and particular quality such as being the oldest of its type or the best available example of its type; or, • Is directly associated with a scientifically recognized important prehistoric or historic event or person. If an archaeological site meets the criteria for a unique archaeological resource as defined in Section 21083.2, then the site is to be treated in accordance with the provisions of Section 21083.2, which state that if the lead agency determines that a project would have a significant effect on unique archaeological resources, the lead agency may require reasonable efforts be Santa Gertrudis Creek Trail Phase II Undercrossing Project 16 ESA I D201901440.00 Cultural Resources Assessment January 2022 PUBLIC VERSION Cultural Resources Assessment made to permit any or all of these resources to be preserved in place (Section 21083.1(a)). If preservation in place is not feasible, mitigation measures shall be required. The CEQA Guidelines note that if an archaeological resource is neither a unique archaeological nor a historical resource, the effects of the project on those resources shall not be considered a significant effect on the environment (CEQA Guidelines Section 15064.5(c)(4)). A significant effect under CEQA would occur if a project results in a substantial adverse change in the significance of a historical resource as defined in CEQA Guidelines Section 15064.5(a). Substantial adverse change is defined as "physical demolition, destruction, relocation, or alteration of the resource or its immediate surroundings such that the significance of a historical resource would be materially impaired" (CEQA Guidelines Section 15064.5(b)(1)). According to CEQA Guidelines Section 15064.5(b)(2), the significance of a historical resource is materially impaired when a project demolishes or materially alters in an adverse manner those physical characteristics that: A. Convey its historical significance and that justify its inclusion in, or eligibility for, inclusion in the California Register; or B. Account for its inclusion in a local register of historical resources pursuant to section 5020.1(k) of the Public Resources Code or its identification in a historical resources survey meeting the requirements of section 5024.1(g) of the Public Resources Code, unless the public agency reviewing the effects of the project establishes by a preponderance of evidence that the resource is not historically or culturally significant; or C. Convey its historical significance and that justify its eligibility for inclusion in the California Register as determined by a Lead Agency for purposes of CEQA. In general, a project that complies with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (Standards) (Grimmer, 2017) is considered to have mitigated its impacts to historical resources to a less -than -significant level (CEQA Guidelines Section 15064.5(b)(3)). California Register of Historical Resources The California Register is "an authoritative listing and guide to be used by State and local agencies, private groups, and citizens in identifying the existing historical resources of the State and to indicate which resources deserve to be protected, to the extent prudent and feasible, from substantial adverse change" (PRC Section 5024.1 [a]). The criteria for eligibility for the California Register are based upon National Register criteria (PRC Section 5024.1 [b]). Certain resources are determined by the statute to be automatically included in the California Register, including California properties formally determined eligible for, or listed in, the National Register. To be eligible for the California Register, a prehistoric or historic -period property must be significant at the local, state, and/or federal level under one or more of the following four criteria: Is associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage; Santa Gertrudis Creek Trail Phase II Undercrossing Project 17 Cultural Resources Assessment PUBLIC VERSION ESA I D201901440.00 January 2022 Cultural Resources Assessment 2. Is associated with the lives of persons important in our past; 3. Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or 4. Has yielded, or may be likely to yield, information important in prehistory or history. A resource eligible for the California Register must meet one of the criteria of significance described above, and retain enough of its historic character or appearance (integrity) to be recognizable as a historical resource and to convey the reason for its significance. It is possible that a historic resource may not retain sufficient integrity to meet the criteria for listing in the National Register, but it may still be eligible for listing in the California Register. Additionally, the California Register consists of resources that are listed automatically and those that must be nominated through an application and public hearing process. The California Register automatically includes the following: California properties listed on the National Register and those formally determined eligible for the National Register; • California Registered Historical Landmarks from No. 770 onward; and, • Those California Points of Historical Interest that have been evaluated by the OHP and have been recommended to the State Historical Commission for inclusion on the California Register. Other resources that may be nominated to the California Register include: • Historical resources with a significance rating of Category 3 through 5 (those properties identified as eligible for listing in the National Register, the California Register, and/or a local jurisdiction register); • Individual historical resources; • Historical resources contributing to historic districts; and, • Historical resources designated or listed as local landmarks, or designated under any local ordinance, such as an historic preservation overlay zone. California Health and Safety Code Section 7050.5 California Health and Safety Code Section 7050.5 requires that in the event human remains are discovered, the County Coroner be contacted to determine the nature of the remains. In the event the remains are determined to be Native American in origin, the Coroner is required to contact the NAHC within 24 hours to relinquish jurisdiction. California Public Resources Code Section 5097.98 California PRC Section 5097.98, as amended, provides procedures in the event human remains of Native American origin are discovered during project implementation. PRC Section 5097.98 requires that no further disturbances occur in the immediate vicinity of the discovery, that the Santa Gertrudis Creek Trail Phase II Undercrossing Project 18 Cultural Resources Assessment PUBLIC VERSION ESA I D201901440.00 January 2022 Cultural Resources Assessment discovery is adequately protected according to generally accepted cultural and archaeological standards, and that further activities take into account the possibility of multiple burials. PRC Section 5097.98 further requires the NAHC, upon notification by a County Coroner, designate and notify a Most Likely Descendant (MLD) regarding the discovery of Native American human remains. The MLD has 48 hours from the time of being granted access to the site by the landowner to inspect the discovery and provide recommendations to the landowner for the treatment of the human remains and any associated grave goods. In the event that no descendant is identified, or the descendant fails to make a recommendation for disposition, or if the land owner rejects the recommendation of the descendant, the landowner may, with appropriate dignity, reinter the remains and burial items on the property in a location that will not be subject to further disturbance. California Government Code Sections 6254(r) and 6254.10 These sections of the California Public Records Act were enacted to protect archaeological sites from unauthorized excavation, looting, or vandalism. Section 6254(r) explicitly authorizes public agencies to withhold information from the public relating to "Native American graves, cemeteries, and sacred places maintained by the Native American Heritage Commission." Section 6254.10 specifically exempts from disclosure requests for "records that relate to archaeological site information and reports, maintained by, or in the possession of the Department of Parks and Recreation, the State Historical Resources Commission, the State Lands Commission, the Native American Heritage Commission, another state agency, or a local agency, including the records that the agency obtains through a consultation process between a Native American tribe and a state or local agency." Assembly Bill 52 and Related Public Resources Code Sections Assembly Bill (AB) 52 was approved by California State Governor Edmund Gerry "Jerry" Brown, Jr. on September 25, 2014. The act amended California PRC Section 5097.94, and added PRC Sections 21073, 21074, 21080.3.1, 21080.3.2, 21082.3, 21083.09, 21084.2, and 21084.3. AB 52 applies specifically to projects for which a Notice of Preparation (NOP) or a Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration (MND) will be filed on or after July 1, 2015. The primary intent of AB 52 was to include California Native American Tribes early in the environmental review process and to establish a new category of resources related to Native Americans that require consideration under CEQA, known as tribal cultural resources. PRC Section 21074(a)(1) and (2) defines tribal cultural resources as "sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American Tribe" that are either included or determined to be eligible for inclusion in the California Register or included in a local register of historical resources, or a resource that is determined to be a tribal cultural resource by a lead agency, in its discretion and supported by substantial evidence. On July 30, 2016, the California Natural Resources Agency adopted the final text for tribal cultural resources update to Appendix G of the CEQA Guidelines, which was approved by the Office of Administrative Law on September 27, 2016. Santa Gertrudis Creek Trail Phase II Undercrossing Project 19 Cultural Resources Assessment PUBLIC VERSION ESA I D201901440.00 January 2022 Cultural Resources Assessment PRC Section 21080.3.1 requires that within 14 days of a lead agency determining that an application for a project is complete, or a decision by a public agency to undertake a project, the lead agency provide formal notification to the designated contact, or a tribal representative, of California Native American Tribes that are traditionally and culturally affiliated with the geographic area of the project (as defined in PRC Section 21073) and who have requested in writing to be informed by the lead agency (PRC Section 21080.3.1(b)). Tribes interested in consultation must respond in writing within 30 days from receipt of the lead agency's formal notification and the lead agency must begin consultation within 30 days of receiving the tribe's request for consultation (PRC Sections 21080.3.1(d) and 21080.3.1(e)). PRC Section 21080.3.2(a) identifies the following as potential consultation discussion topics: the type of environmental review necessary; the significance of tribal cultural resources; the significance of the project's impacts on the tribal cultural resources; project alternatives or appropriate measures for preservation; and mitigation measures. Consultation is considered concluded when either: (1) the parties agree to measures to mitigate or avoid a significant effect, if a significant effect exists, on a tribal cultural resource; or (2) a party, acting in good faith and after reasonable effort, concludes that mutual agreement cannot be reached (PRC Section 21080.3.2(b)). If a California Native American tribe has requested consultation pursuant to Section 21080.3.1 and has failed to provide comments to the lead agency, or otherwise failed to engage in the consultation process, or if the lead agency has complied with Section 21080.3.1(d) and the California Native American tribe has failed to request consultation within 30 days, the lead agency may certify an EIR or adopt an MND (PRC Section 21082.3(d)(2) and (3)). PRC Section 21082.3(c)(1) states that any information, including, but not limited to, the location, description, and use of the tribal cultural resources, that is submitted by a California Native American tribe during the environmental review process shall not be included in the environmental document or otherwise disclosed by the lead agency or any other public agency to the public without the prior consent of the tribe that provided the information. If the lead agency publishes any information submitted by a California Native American tribe during the consultation or environmental review process, that information shall be published in a confidential appendix to the environmental document unless the tribe that provided the information consents, in writing, to the disclosure of some or all of the information to the public. Local City of Temecula General Plan The City of Temecula's General Plan, Open Space/Conservation Element (2005), contains the following cultural resources goals, policies, and implementation programs relevant to this Project: Goal 6: Preservation of significant historical and cultural resources. Policy 6.1: Maintain an inventory of areas with archaeological/paleontological sensitivity, and historic sites in the Planning Area. Santa Gertrudis Creek Trail Phase II Undercrossing Project 20 ESA I D201901440.00 Cultural Resources Assessment January 2022 PUBLIC VERSION Cultural Resources Assessment Policy 6.3: Preserve and reuse historical buildings in accordance with the OTSP. Policy 6.2: Work to preserve or salvage potential archeological and paleontological resources on sites proposed for future development through the development review and mitigation monitoring processes. Policy 6.4: Assist property owners in seeking State and/or federal registration and appropriate zoning for historic sites and assets. Policy 6.5: Pursue the acquisition and preservation of historical buildings for public facilities in accordance with the Old Town Specific Plan when appropriate. Policy 6.6: Ensure compatibility between land uses and building designs in the Old Town Specific Plan Area and areas adjacent to Old Town. Policy 6.7: Encourage use of California's Historic Building Code when preserving/rehabilitating historic structures. Policy 6.8: Support an integrated approach to historic preservation in coordination with other affected jurisdictions, agencies, and organizations for areas within the Planning Area and surrounding region that seeks to establish linkages between historic sites or buildings with other historic features such as roads, trails, ridges, and seasonal waterways. Policy 6.9: Encourage the preservation and re -use of historic structures, landscape features, roads, landmark trees, and trails. Policy 6.10: Work with the Pechanga Band of Luiseno Indians to identify and appropriately address cultural resources and tribal sacred sites through the development review process. Policy 6.11: Encourage voluntary landowner efforts to protect cultural resource and tribal sacred sites consistent with State requirements. Implementation Procedures The following implementation procedures from the Open Space Element of the City of Temecula General Plan are also relevant to the protection of historic resources: OS-27: Historic Preservation Program Continue to implement a historic preservation ordinance in the Old Town area to protect historically significant buildings, sites, road/trails, and other landscape elements, and to encourage their reuse, where appropriate. Consider adopting an ordinance to address preservation of other historic resources. Encourage owners of local sites to apply for recognition in the State Historic Resources Inventory, as Riverside County Landmarks, as State Points of Historic Interest, as State Landmarks, and as sites on the National Register of Historic Places, as deemed necessary. Santa Gertrudis Creek Trail Phase II Undercrossing Project 21 Cultural Resources Assessment PUBLIC VERSION ESA I D201901440.00 January 2022 Cultural Resources Assessment OS-39: Tribal Cultural Resources Development projects proposed on previously undeveloped property which involve earth - disturbing activities or which are located in areas with previously identified cultural resources need to comply with the following requirements to appropriately address tribal cultural resources: • All projects shall be evaluated by a qualified archeologist by conducting a site records search, and if feasible, a Phase I walkover survey, and if necessary, a Phase II survey prior to project approval to identify the potential for the presence of significant cultural resources. • If significant resources are located on the project site, or a high probability for cultural resources exists, the Pechanga Band of Luiseno Indians shall be consulted in the identification of mitigation measures to address impacts consistent with State requirements, including provisions to address inadvertent discoveries. • During on -site grading activities in areas with cultural resources, or with a high potential for cultural resources, a qualified archeologist and tribal monitors shall be on -site to monitor grading operations. • In the event of the discovery of a burial site, human bone or suspected human bone, grading in the immediate area shall be immediately halted, the site protected, and the County Coroner and representatives from Pechanga Band of Luiseno Indians notified. Santa Gertrudis Creek Trail Phase II Undercrossing Project 22 Cultural Resources Assessment PUBLIC VERSION ESA I D201901440.00 January 2022 Cultural Resources Assessment Archival Research EIC Records Search A records search for the Project was conducted on May 4, 2021 at the California Historical Resources Information System (CHRIS) Eastern Information Center (EIC) housed at University of California, Riverside. The records search included a review of all recorded cultural resources and previous studies within the APE and a 1-mile radius of the APE. It is important to note, too, that, due to restrictions imposed by the EIC's response to the COVID-19 pandemic, an in -person records search was not possible and the EIC provided baseline results only. This included maps of cultural resources studies and DPR site record forms within the 1-mile search area. Previous Cultural Resources Investigations The records search results indicate that 49 cultural resources studies have been conducted within a 1-mile radius of the APE (Table 1). Approximately 75 percent of the 1-mile records search radius has been included in previous cultural resources surveys. Of the 49 previous studies, eight (RI-01048,-01865,-02241,-02431,-02614,-03611,-08390, and-09257) overlap the APE. The entirety of the APE has been included in previous cultural resources studies. TABLE 1 PREVIOUS CULTURAL RESOURCES INVESTIGATIONS EIC No. Author (RI-) Title Date Anonymous 08796 Telecommunications Facility Project 2012 Bissell, Ronald M. 02613 Letter Report: Archaeological and Paleontological Monitoring of Phase I Grading, Temecula 1997 Mall, Temecula, California Boner, Wayne and Letter Report: Cultural Resources Records Search and Site Visit Results for T-Mobile USA Sara Williams 08304 Candidate IE25826A, (Day Street Plaza) 26674 Margarita Road, Murrieta, Riverside County, 2009 California Bonner, Wayne Letter Report: Cultural Resource Records Search and Site Visit Results for T-Mobile and Marnie Aislin- 08116 Communications Candidate IE25826A (Date Street Plaza), Date Street and Margarita Road 2008 Kay (26672 Margarita Road), Murrieta, Riverside County, California. Cultural Resources Records Search and Site Visit Results for AT&T Mobility, LLC Candidate Bonner, Wayne H. 08956 RS0393 (Chaparral Self Storage), 27380 Nicholas Road, Temecula, Riverside County 2012 California Bruce Love, Bai "Tom" Tang, 01049 Historical/Archaeological Resources Report: Eli Lilly Property, APNs 921-090-054 and 921- 2000 Michael Hogan, 680-010, City of Temecula, Riverside County, California and Mariam Dandul Bruce, Bonnie, Cultural Resources Records Search and Site Visit Results for AT&T Mobility, LLC, Candidate Sarah A. Williams, 10858 CSL06279(RS0393) (Chaparral High School], 27215 Nicholas Road, Temecula, Riverside 2019 and Carrie D. Wills County, California, CSAPR 355145992 Letter Report: Cultural Resources Assessment of the Distributed Antennae Communications Brunzell, David 08387 System Project in the Cities of Temecula and Murrieta, Riverside County, California (BCR 2009 Consulting Project No. SYN0903). Brunzell, David 09257" Cultural Resources Assessment of the New Path Networks, LLC DAS Project in the Cities of 2011 Murrieta and Temecula, Riverside County, California (BCR Consulting Project No. SYN0901) Brunzell, David 09520 Cultural Resources Assessment of the Crown Castle Verizon Temecula DAS Extension 2012 Project, Temecula, Riverside County, California (BCR Consulting Project No. SYN 1217) Brunzell, David 10137 Cultural Resources Assessment of Hoehn Audi of Temecula Project, Temecula, Riverside 2016 County, California Carbone, 02361 Cultural and Paleontological Investigations of the Warm Springs Project Riverside County, 1987 Lawrence, William California Santa Gertrudis Creek Trail Phase II Undercrossing Project 23 Cultural Resources Assessment PUBLIC VERSION ESA I D201901440.00 January 2022 Cultural Resources Assessment EIC No. Author (RI-) Title Date Gilmore, and Kevin Peter Christopher W. 01048* Cultural Resource Inventory and Impact Assessment for the KACOR/Rancho California 1980 White Property Drover, C.E. 02081 Cultural Resources Evaluation -Parcel Map # 19581, Near Temecula, Riverside County, 1986 California Drover, C.E. 02240 An Archaeological Assessment of PM 23430, Riverside County, California 1988 Drover, C.E. 02241 * An Archaeological Assessment of PM 23335, Riverside County, California 1988 Drover, C.E. 02242 An Archaeological Assessment of TP 21819 1988 Drover, C.E. 02280 An Archaeological Assessment of Parcel Map 2336 and Zone Change - Riverside County, 1988 California Drover, C.E. 02431 * An Archaeological Assessment of the Rancho California Commerce Center, Riverside 1988 County, California Drover, C.E. 02611 An Archaeological Assessment of the Campos Verdes Zone Change Riverside County, 1989 California Drover, C.E. 02612 An Archaeological Assessment of the Regional Center Specific Plan Riverside County, 1989 California Drover, C.E. 02614* An Archaeological Assessment of the Westchester Meadows Zone Change, Riverside 1989 County, California Drover, C.E. 02615 An Archaeological Assessment of the Winchester Hills Specific Plan Riverside County, 1989 California Drover, C.E. 03121 The Santa Gertrudis Site: RIV-1730 - A Cultural Resource Mitigation Plan and 1986 Implementation - Conditions of Approval, TTM 19677, Temecula, California Drover, C.E. 03611 * A Cultural Resources Assessment, Winchester Properties Assessment District 1987 Drover, C.E. 03665 Impact Assessment RIV-1012 Margarita Road at Murrieta Hot Springs Road 1993 Drover, C.E. 10232 Cultural Resources Cultural Resource Mitigation Plan: Conditions of Approval; Tentative 1985 Parcel Map 19677, Temecula, California Duke, Curt 04532 Letter Report: Cultural Resource Assessment for Cingular Wireless facility No. SD 458-01, 2001 Riverside County, California Garrison, Andrew A Phase 1 Cultural Resources Assessment for the Santa Gertrudis Creek Pedestrian/Bicycle J. and Brian F. 10782 Trail Extension and Interconnect Project 2019 Smith Gust, Sherri and 08016 Paleontological And Archaeological Assessment Of The Jackson Avenue Street 2008 Amy Glover Improvements And Bridge Project, City of Murrieta, California Jacquemain, Terri, Historical/Archaeological Resources Survey Report: Chaparral Village Project, Assessor's Daniel Ballester, and Laura H. 06829 Parcel Nos. 920-100-025, -026, -030, and -032, in the City of Temecula, Riverside County, 2007 Shaker California Jones and Stokes 04404 Final Cultural Resources Inventory Report for the Williams Communications, Inc., Fiber Optic 2000 Associates, Inc. Cable System Installation Project, Riverside to San Diego, California Vol. I -IV Keller, Jean A. 04064 A Phase 1 Cultural Resources Assessment of the Solana Apartments Project Located in 1996 Temecula, Riverside County, California Keller, Jean A. 04447 A Phase I Cultural Resources Assessment of the Tentative Tract 28553 1998 Kyle, Carolyn E. 07042 Cultural Resources Assessment/Evaluation for Cingular Wireless Site SD462-01, Riverside 2001 County, California. Mason, Roger D. and Brant A. 06068 Cultural Resources Records Search and Literature Review for the Watt Homes Property Near 1998 Brechibiel The City of Murrieta, Riverside County, CA McKenna, Jeanette 04321 A Phase I Cultural Resources Survey of the Medowview Golf Course Property in the 2000 A. Community of Temecula, Riverside County, California Peak and Associates and 03189 Cultural Resources Assessment of AT&T's Proposed San Bernardino to San Diego Fiber 1990 Brian F. Mooney Optic Cable, San Bernardino, Riverside and San Diego County, California Associates Perez, Don 09636 Cultural Resources Survey Chaparral Self Storage/RS0393, 27380 Nicholas Road Temecula, 2014 Riverside County, California 92591 Santa Gertrudis Creek Trail Phase II Undercrossing Project 24 ESA I D201901440.00 Cultural Resources Assessment January 2022 PUBLIC VERSION Cultural Resources Assessment EIC No. Author (RI-) Title Date Robbins -Wade, 04161 Archaeological Survey for the RCWD EM-20 Pipeline and Turnouts, Ranch California, 1999 Mary Riverside County, California Roger J. Desautels 01222 Archaeological Assessment Form (Roripaugh Estates) 1981 Salpas, Jean A. 01744 An Archeological and Historical Assessment of the Winchester Mesa Specific Plan Study 1983 Area, Riverside County, California Sikes, Nancy E. 04687 Cultural Resources Monitoring During Grading of the Harveston Project (Tract 29639-1), 2003 Temecula, Riverside County, California Smith, Brian F. 10785 Cultural Resources Monitoring Report for the Sanborn Avenue Parking Lot Project, Parcel 2018 Map [PM] No. 23561 Tang, Bai, Michael Hogan, Casey 05973 Historical/Archaeological Resources Survey Report, Rancho Temecula Town Center, in the 2003 Tibbet, and Daniel City of Temecula, Riverside County, CA Ballester Victorino, Ken and 08390* Archaeological Survey Report Santa Gertrudis Creek Overcrossing LA 080902 Temecula, 2010 David Stone Riverside County, California. Watson, Luke 09659 County of Riverside Department of Public Social Services Administrative Facility Project 2016 Whitney-Desautels, 02320 Archaeological Assessment Form: Property near Tucalota Creek 1987 Nancy Wilmoth, Stan 01865* An Archaeological Assessment of Several Alternative Sites for the New Rancho California 1984 Airport, Riverside County, California *Indicates study overlaps APE Previously Recorded Cultural Resources The records search results indicate six cultural resources have been previously recorded within a 1-mile radius of the APE (Table 2). Of these six cultural resources, one is a prehistoric archaeological site consisting of a lithic and groundstone scatter (P-33-001730), and five are prehistoric isolates (P-33-012381,-012382,-012383,-012384, and-012385). None of these previously recorded resources are located within or immediately adjacent to the APE. TABLE 2 PREVIOUSLY RECORDED CULTURAL RESOURCES Permanent Primary Trinomial Dates NRHP/CRHR Distance No. (P-33-) (CA-RIV-) Descriptions Recorded Eligibility from APE 001730 1730 Prehistoric archaeological site: lithic and groundstone scatter 1979; 1981 Unknown 4,010 feet 012381 - Prehistoric isolate: two basalt flakes 2003 Unknown 2,450 feet 012382 Prehistoric isolate: one metasedimentary core 2003 Unknown 2,615 feet 012383 Prehistoric isolate: one piece of obsidian debitage 2003 Unknown 1,830 feet 012384 Prehistoric isolate: two bifacial sandstone manos 2003 Unknown 685 feet 012385 - Prehistoric isolate: one sandstone bifacial mano 2003 Unknown 455 feet Santa Gertrudis Creek Trail Phase II Undercrossing Project 25 Cultural Resources Assessment ESA I D201901440.00 January2022 PUBLIC VERSION Cultural Resources Assessment Native American Outreach Native American outreach was conducted for the Project by ESA in support of USACE's Section 106 consultation process. The outreach conducted by ESA is separate from the AB 52 consultation process being undertaken by the City in support of the IS/MND. An SLF search for the Project was requested from the NAHC on December 8, 2020. The results letter provided by the NAHC on December 28, 2020 indicates that Native American cultural resources are located in the APE's vicinity, but additional details were not provided. The NAHC recommended contacting the Pechanga Band of Luiseho Indians for more information. The NAHC also provided a list of Native American contacts. ESA conducted outreach with the 20 Native American representatives identified on the list provided by the NAHC. ESA sent outreach letters via certified mail on January 15, 2021. The letters described the Project and included a map depicting the location of the APE. Recipients were requested to reply with any information concerning Native American cultural resources that might be affected by the proposed Project. Follow-up phone calls were conducted on January 28, 2021. Table 3 provides a summary of ESA's outreach efforts. Documentation pertaining to Native American outreach is attached as Appendix B. TABLE 3 SUMMARY OF NATIVE AMERICAN OUTREACH Date Date of Letter Follow-up Contact Tribe/Organization Mailed Phone Call Response Angela Elliott Santos, Manzanita Band of Chairperson Kumeyaay Nation 1/15/2021 1/28/21 Left voicemail. No response to date. Bo Mazzetti, Rincon Band of Chairperson Luiseno Indians 1/15/2021 1/28/21 See Ms. Madrigal's response below Ms. Madrigal responded in a letter on 1/20/21 stating Rincon is not aware of resources within the APE, but Cheryl Madrigal, recommended a records search for the Project be Tribal Historic Rincon Band of conducted and requested the records search results Preservation Officer Luiseno Indians 1/15/2021 1/28/21 be shared with Rincon Spoke with receptionist who recommended, Kristie Orosco, Cultural Resources Manager for Sycuan be called. Called Ms. Orosco at the phone number Cody J. Martinez, Sycuan Band of the provided by the receptionist, but was unable to leave Chairperson Kumeyaay Nation 1/15/2021 1128/21 a voicemail. Mr. Nelson is no longer a chairperson at La Jolla; Fred Nelson, La Jolla Band of transferred to Ms. Norma Contreras, but was unable Chairperson Luiseno Indians 1/15/2021 1/28/21 to leave a voicemail. La Posta Band of Gwendolyn Parada, Diegueno Mission Chairperson Indians 1/15/2021 1/28/21 Left voicemail. No response to date. La Posta Band of Javaughn Miller, Diegueno Mission Tribal Administrator Indians 1/15/2021 1/28/21 Left voicemail. No response to date Jeff Grubbe, Agua Caliente Band of Chairperson Cahuilla Indians 1/15/2021 1/28/21 Left voicemail. No response to date Jill McCormick, Quechan Tribe of the Ms. McCormick responded in an email on 1/27/21 Historic Preservation Fort Yuma deferring to tribal groups in closer proximity to the Officer Reservation 1/15/2021 1/28/21 APE Lovina Redner, Tribal Santa Rosa Band of Chair Cahuilla Indians 1/15/2021 1/28/21 Left message with receptionist. No response to date. Mark Macarro, Pechanga Band of Chairperson Luiseno Indians 1/15/2021 1/28/21 Left voicemail. No response to date. Santa Gertrudis Creek Trail Phase II Undercrossing Project 26 Cultural Resources Assessment PUBLIC VERSION ESA I D201901440.00 January 2022 Cultural Resources Assessment Date Date of Letter Follow-up Contact Tribe/Organization Mailed Phone Call Response Michael Garcia, Vice Ewiiaapaayp Band of Called phone number, but was unable to leave Chairperson Kumeyaay Indians 1/15/2021 1/28/21 voicemail. Mesa Grande Band of Michael Linton, Diegueno Mission Mr. Linton stated he has no concerns or information Chairperson Indians 1/15/2021 1/28/21 regarding the Project. Arysa Gonzalez -Romero, Historic Preservation Technician, responded in an email stating Agua Patricia Garcia- Agua Caliente Band of Caliente defers to tribal groups in closer proximity to Plotkin, Director Cahuilla Indians 1/15/2021 1/28/21 the APE. Campo Band of Mr. Goff is no longer a chairperson at Campo; Ralph Goff, Diegueno Mission transferred to new Chairperson„ Mr. Marcus Cuero, Chairperson Indians 1/15/2021 1/28/21 but was unable to leave a voicemail. Robert Pinto, Ewiiaapaayp Band of Called phone number, but was unable to leave Chairperson Kumeyaay Indians 1/15/2021 1/28/21 voicemail. Spoke with Cami Mojado, Cultural Resources San Luis Rey, Tribal San Luis Rey Band of Manager for San Luis Rey, who stated San Luis Rey Council Mission Indians 1/15/2021 1/28/21 defers to the Pechanga regarding the Project. Mr. Cozart is no longer a chairperson at Soboba; Scott Cozart, Soboba Band of transferred to Mr. Joe Ontiveros, but was unable to Chairperson Luiseno Indians 1/15/2021 1/28/21 leave a voicemail. Shasta Gaughen, Tribal Historic Pala Band of Mission Preservation Officer Indians 1/15/2021 1/28/21 Left voicemail. No response to date Temet Aguilar, Pauma Band of Chairperson Luiseno Indians 1/15/2021 1/28/21 Left voicemail. No response to date As a result of the Native American Outreach, three formal responses were received from the Rincon Band of Luisefio Indians (Rincon), the Quechan Indian Tribe (Quechan), and the Agua Caliente Band of Cahuilla Indians (Agua Caliente). These responses are detailed in the following paragraphs. In a letter dated January 20, 2021, Cheryl Madrigal, Tribal Historic Preservation Officer and Cultural Resources Manager for Rincon, stated the APE is located within the tribe's specific area of historic interest. Ms. Madrigal stated Rincon does not know of any resources within the APE, but requested a records search for the Project be conducted and requested the results be provided to Rincon. In an email dated January 27, 2021, Jill McCormick, Historic Preservation Officer for Quechan, stated Quechan defers to tribal groups in closer proximity to the APE regarding the Project. In an email dated February 3, 2021, Arysa Gonzalez -Romero, Historic Preservation Technician for the Agua Caliente, stated the APE is not located within the tribes Traditional Use Area and that Agua Caliente defers to tribal groups in closer proximity to the APE regarding the Project. Historic Maps and Aerial Photographs Historic maps and aerial photographs were examined to provide historical information about land uses of the APE and to contribute to an assessment of the APE's archaeological sensitivity. Available topographic maps include the 1901 Elsinore, CA 30-minute quadrangles, the 1942 Murrieta, CA 15-minute topographic map, and the 1953 Murrieta, CA 7.5-minute topographic Santa Gertrudis Creek Trail Phase II Undercrossing Project 27 Cultural Resources Assessment PUBLIC VERSION ESA I D201901440.00 January 2022 Cultural Resources Assessment map. Historic aerial photographs were available for the years 1938, 1967, 1978, 1996, 2005, and 2012 (historicaerials.com, 2020). The topographic maps indicate very little development within the APE during the first half of the 20th century. The 1901 and 1942 topographic maps show the APE on the south side of Santa Gertrudis Creek approximately 650 feet west of a generally northeast -southwest trending road analogous to present-day Highway 79. The 1953 map shows a curved dirt road just north of the APE, but no additional development is indicated. The 1938 aerial photograph shows the APE within the braided channel of Santa Gertrudis Creek with no development in the immediate vicinity aside from the generally northeast -southwest trending road depicted in the topographic maps, and a northwest -southeast trending road crossing the creek just northeast of the APE. The 1967 and 1978 photographs show Santa Gertrudis Creek has been realigned and bounded in a concrete channel with agricultural fields on both sides of the creek. The 1996 photograph shows Margarita Road crossing the creek, as well as a shopping center immediately southeast of the APE. The 2005 and 2012 photographs show an additional shopping center northeast of the APE, and residential subdivision northwest and across the creek from the APE. In sum, the historic map and aerial photograph review indicates the portion of Santa Gertrudis Creek that the APE overlaps has been subject to a significant degree of disturbance associated with the construction of a concrete channel sometime prior to 1967 that realigned the creek from a braided channel to a linear channel. As a result, much of the APE is comprised of engineered slopes and surfaces associated with the channeling of the creek. Subsurface Archaeological Sensitivity A desktop review of geologic maps and soils data was conducted to assess the potential for subsurface archaeological deposits within the APE. A review of geologic maps indicates late Pleistocene to Holocene -age (126,000 years ago to present) younger alluvial channel deposits (map unit Qya) are mapped at the surface of the APE. These are fluvial deposits comprised of unconsolidated sand, silt, and clay occurring on canyon floors (Kennedy et al., 2003). Soils mapping indicates soils present within the APE consist of riverwash (map unit RsC) (MRCS, 2020). These soils occur within waterway channels subject to frequent flooding and are comprised of sandy and gravelly alluvium derived from mixed sources. This soils type's typical profile consists of 0 to 6 inches of gravelly coarse sand followed by 6 to 60 inches of stratified extremely gravelly coarse sand to gravelly sand. Soils and sediments within active channel environments are typically re -worked, meaning they are deposited as flood waters or stream flows subside and present for relatively short periods of time following deposition before being eroded away as floodwaters or stream flows increase (Waters, 1992). As noted in the historic map and aerial review, the APE overlaps a portion of Santa Gertrudis Creek that was channelized sometime prior to 1967, and, therefore, comprised largely of engineered slopes and paved surfaces associated with the channeling of the creek. Channel Santa Gertrudis Creek Trail Phase II Undercrossing Project 28 Cultural Resources Assessment PUBLIC VERSION ESA I D201901440.00 January 2022 Cultural Resources Assessment construction would have likely displaced any native soils within the APE, reducing the likelihood for encountering undisturbed soils containing subsurface archaeological deposits. The late Pleistocene to Holocene -age younger alluvial channel deposits mapped at surface in the APE encompass the entirety of human habitation of North America, and are, therefore, of appropriate age to contain subsurface archaeological deposits. However, given the degree of past disturbance associated with the construction of the Santa Gertrudis Creek Channel, the APE has moderate sensitivity for the presence of subsurface archaeological resources. Cultural Resources Survey A cultural resources survey of the APE was conducted on May 14, 2021 by ESA cultural resources specialist, Michael Vader, B.A., accompanied by Pechanga Band of Luiseiio Indians tribal monitor, Robert Cordova Ringlero. The survey was aimed at identifying cultural resources within or immediately adjacent to the APE. Given the developed nature of the APE, an opportunistic survey strategy was employed to identify undeveloped and open areas of the APE where ground surface was visible. All accessible areas containing visible ground surface were subject to inspection. Much of the APE is comprised of the existing paved SGCT, paved engineered slopes, vegetated engineered slopes, and the southern margin of the Santa Gertrudis Creek Channel (Figure 5). The only portions of the APE containing visible, unpaved ground surface included the vegetated, engineered slopes extending from the SGCT into the channel, as well as relatively flat areas adjacent to the segments of SGCT connecting to the Margarita Road Overcrossing (Figure 5). The vegetated engineered slopes were too steep for survey; however, the unpaved flat areas adjacent to the Margarita Road Overcrossing were subject to intensive inspection. No cultural resources were identified as a result of the survey. Santa Gertrudis Creek Trail Phase II Undercrossing Project 29 Cultural Resources Assessment PUBLIC VERSION ESA I D201901440.00 January 2022 P f Overview of paved engineered slopes on the southwest side of Margarita Road (view to NE) SOURCE: ESA, 2021 Overview of relatively flat area with exposed ground surface (view to SW) Gertrudis Bicycle/Trail Undercrossing at Margarita Road Figure 5 Survey Photos Cultural Resources Assessment Conclusions and Recommendations No cultural resources were identified within the APE as a result of this assessment. As such, the Project would result in No Historic Properties Affected under Section 106 of the NHPA. As a result of the archival research and cultural resources survey conducted for the Project, no cultural resources have been identified within APE. However, the likelihood for encountering subsurface archaeological deposits within the APE during Project construction is moderate. In the event that subsurface archaeological deposits are encountered during Project implementation, they may qualify as historical resources or unique archaeological resources pursant to CEQA and may subject to significant impacts. As such, the following recommended mitigation measures for the retention of a qualified archaeologist, cultural resources sensitivity training, construction monitoring, and inadvertent discovery protocols are provided below. 1. Retention of a Qualified Archaeologist: Prior to the start of ground -disturbing activities, the City shall retain a qualified archaeologist meeting the Secretary of the Interior's Professional Qualifications Standards for archaeology (U.S. Department of the Interior, 2012) to carry out the following measures. 2. Construction Worker Cultural Resources Sensitivity Training: Prior to the start of ground -disturbing activities, construction personnel shall be trained in the identification of cultural resources. Prior to earth moving activities, the qualified archaeologist shall conduct cultural resources sensitivity training for all construction personnel. Construction personnel shall be informed of the types of archaeological resources that may be encountered, and of the proper procedures be to enacted in the event of an inadvertent discovery of archaeological resources or human remains. The City shall ensure that construction personnel are made available for and attend the training and retain documentation demonstrating attendance. 3. Construction Monitoring: An archaeological monitor (working under the direction of the qualified archaeologist) shall observe all subsurface ground -disturbing activities. A Native American monitor from the Pechanga Band of Luiseno Indians shall also be present to observe subsurface ground -disturbing activities. The qualified archaeologist, in coordination with the City and Pechanga Band of Luiseno Indians, may reduce or discontinue monitoring if it is determined that the possibility of encountering buried archaeological deposits is low based on observations of soil stratigraphy or other factors. Construction monitoring shall be conducted by an archaeologist familiar with the types of archaeological resources that could be encountered within the project site. The archaeological monitor and Native American monitor, in coordination with the construction manager or resident engineer, shall be empowered to request the halting or redirecting of ground -disturbing activities away from the vicinity of a discovery until the qualified archaeologist has evaluated the discovery and determined appropriate treatment. The archaeological monitor shall keep daily logs detailing the types of activities and soils observed, and any discoveries. After monitoring has been completed, the qualified archaeologist shall prepare a monitoring report that details the results of monitoring. The Santa Gertrudis Creek Trail Phase II Undercrossing Project 31 ESA I D201901440.00 Cultural Resources Assessment January 2022 PUBLIC VERSION Cultural Resources Assessment report shall be submitted to the City, as well as the Pechanga Band of Luiseiio Indians upon request. A copy of the final report shall be filed at the Eastern Information Center 4. Inadvertent Archeological Finds: If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s). i. All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the tribal representative(s) and the Community Development Director to discuss the significance of the find. ii. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. iii. Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. Work shall be allowed to continue outside of the buffer area and will be monitored by additional Tribal monitors if needed. iv. Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Management Plan and Monitoring Agreements entered into with the appropriate tribes. This may include avoidance of the cultural resources through project design, in -place preservation of cultural resources located in native soils and/or re -burial on the Project property so they are not subject to further disturbance in perpetuity as identified in Non -Disclosure of Reburial Condition. V. If the find is determined to be significant and avoidance of the site has not been achieved, a Phase III data recovery plan shall be prepared by the project archeologist, in consultation with the Tribe, and shall be submitted to the City for their review and approval prior to implementation of the said plan. vi. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and cultural resources. If the landowner and the Tribe(s) cannot agree on the significance or the mitigation for the archaeological or cultural resources, these issues will be presented to the City Community Development Director for decision. The City Community Development Director shall make the determination based on the provisions of the Santa Gertrudis Creek Trail Phase II Undercrossing Project 32 ESA I D201901440.00 Cultural Resources Assessment January 2022 PUBLIC VERSION Cultural Resources Assessment California Environmental Quality Act with respect to archaeological resources, recommendations of the project archeologist and shall take into account the cultural and religious principles and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the City Community Development Director shall be appealable to the City Planning Commission and/or City Council." 5. Inadvertent Discoveries of Human Remains: If human remains are encountered, the contractor shall halt work in the vicinity (within 100 feet) of the find and contact the Riverside County Coroner in accordance with PRC Section 5097.98 and Health and SafetyCode Section 7050.5. If the County Coroner determines that the remains are Native American, the California Native American Heritage Commission (NAHC) will be notified in accordance with Health and Safety Code Section 7050.5, subdivision (c), and PRC Section 5097.98 (as amended by Assembly Bill 2641). The NAHC will designate a Most Likely Descendent (MLD) for the remains per PRC Section 5097.98. Until the landowner has conferred with the MLD, the contractor shall ensure that the immediate vicinity where the discovery occurred is not disturbed by further activity, is adequately protected according to generally accepted cultural or archaeological standards or practices, and that further activities take into account the possibility of multiple burials Santa Gertrudis Creek Trail Phase II Undercrossing Project 33 Cultural Resources Assessment PUBLIC VERSION ESA I D201901440.00 January 2022 Cultural Resources Assessment References Bean, Lowell John, and Florence C. Shipek. 1978. Luiseiio. In California, edited by Robert F. Heizer, pp. 550-563. Handbook of North American Indians, Vol. 8, W. C. Sturtevant, general editor. Smithsonian Institution, Washington, D.C. Brigandi, Phil. 2012. "A Short History of Temecula". Electronic document, http://www.temeculahistoricalsociety.org/temeculahistory.html, accessed June 18, 2012. Byrd, Brian F., and L. Mark Raab. 2007. "Prehistory of the Southern Bight: Models for a New Millennium", in California Prehistory: Colonization, Culture, and Complexity, edited by Terry L. Jones and Kathryn A. Klar, pp 215-227. City of Temecula. 2012. "The History of Temecula". Electronic document, www.cityoftemecula.org/temecula/visitors/about/history. Accessed on February 8, 2012. Cook, Sherburne F. 1978. "Historical Demography", In California, edited by Robert F. Heizer, pp. 91-98, Handbook of North American Indians, Vol. 8, W. C. Sturtevant, general editor, Smithsonian Institution, Washington, D.C. Environmental Science Associates (ESA). 2021. Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road — Aquatic Resources Delineation Report. Prepared for EXP U.S. Services, Inc. by Environmental Science Associates. Gallegos, Dennis. 2002. "Southern California in Transition: Late Holocene Occupation of Southern San Diego County", in Catalysts to Complexity: Late Holocene Societies on the California Coast, edited by Jon M. Erlandson and Terry L. Jones, pp 27-40. Perspectives in California Archaeology Vol. 6, Cotsen Institute of Archaeology, University of California, Los Angeles. Grenda, Donn. 1997. Continuity and Change: 8,500 Years ofLacustrine Adaptation on the Shores of Lake Elsinore. Statistical Research Inc. (SRI) Technical Series 59, SRI, Tucson, Arizona. Helmich, Mary A. 2008. "The Butterfield Overland Mail Company". Electronic document, http://www.parks.ca.gov/pages/22491 /files/the—butterfield_overland_mail—stagecoach—day s.pdf, accessed June 9, 2011. Historicaerials.com. 2020. Historic Aerial Photographs from 1938, 1967, 1978, 1996, 2005, and 2012. Electronic resource, http://www.historicaerials.com/, accessed January 27, 2021. Horne, Melinda C., and Dennis P. McDougall. 2003. Cultural Resources study for the City of Riverside General Plan 2025 Update Program EIR. Prepared for Cotton Bridges and Associates Urban and Environmental Consultants, on behalf of the City of Riverside Planning Department. Prepared by Applied Earthworks, Inc. Jones, T. L., and Schwitalla, A. 2008. Archaeological perspectives on the effects of medieval drought in prehistoric California. Quaternary International 188:41-58. Kennedy, M.P., D.M. Morton, R.M. Alvarez, and Greg Morton. 2003. Preliminary geologic map of the Murrieta 7.5' quadrangle, Riverside County, California. USGS Digital Database. Santa Gertrudis Creek Trail Phase II Undercrossing Project 34 Cultural Resources Assessment PUBLIC VERSION ESA I D201901440.00 January 2022 Cultural Resources Assessment Kroeber, A. L. 1925. Handbook of the Indians of California. Bureau of American Ethnology Bulletins, No. 78. Smithsonian Institution: Washington, D.C. Lowell, Douglas L. 1985. The California Southern Railroad and the Growth of San Diego, Part 1. Journal of San Diego History 31(4). Electronic Document, http://www.sandiegohistory.org/, accessed June 9, 2011. Masiel-Zamora, Myra R. 2013. Analysis of `Exva Tem6eku, A Luiseno Indian Village Site Named Temeku, Located in Temecula, California. Document on file at San Diego State University. Mason, Roger D. 1999. Results of Archaeological Test Programs at CA-RIV-1022, CA-RIV- 3331, and CA-RIV-3 3 3 2H, Cottonwood Hills Project Area, City of Lake Elsinore, Riverside County, CA. Prepared by Chambers Group. Moratto, M. J. 1984. California Archaeology. Smithsonian Press: San Diego, CA. Natural Resources Conservation Service (MRCS). 2020. Web Soil Service. Electronic resource, https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx, accessed May 18, 2021. Pechanga Band of Luiseno Indians, History, http://www.pechanga-nsn.gov/index.php/history, accessed February 10, 2017. Schaul, David L. 2014. A Prehistory of Western North America: The Impact of Uto-Aztecan Languages. University of New Mexico Press, Albuquerque. Sparkman, Philip Stedman. 1908. The Culture of the Luiseno Indians. University of California Publications in American Archaeology and Ethnology 8(4). Sutton, Mark. 2009. People and Language: Defining the Takic Expansion into Southern California. Pacific Coast Archaeological Society Quarterly 41(2/3):32-92, 2006, Printed September 2009. True, Delbert L. 1958. An Early Complex in San Diego County, California, American Antiquity, 23(3):225-263. True, Delbert L., and Georgie Waugh. 1982. Proposed Settlements Shifts during San Luis Rey Times: Northern San Diego County, California. Journal of California and Great Basin Anthropology 4(1):34-54. U.S. Department of the Interior, National Park Service. 2012. Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation (As Amended and Annotated), www.nps.gov/history/local- law/arch_stnds_O.htm, accessed November 4, 2014, 2008. Van Horn, Kurt. 1974. Tempting Temecula: The Making and Unmaking of a Southern California Community, Journal of San Diego History 20(1), 1974. Electronic Document, http://www.sandiegohistory.org/journal/74winter/temecula.htm, accessed June 18, 2012. Warren, C.N. 1967. "The San Dieguito Complex: A Review and Hypothesis", American Antiquity, 32 (2): 168-18. Waters, Michael. 1992. Principles of Geoarchaeology. University of Arizona Press, Tucson. Santa Gertrudis Creek Trail Phase II Undercrossing Project 35 Cultural Resources Assessment PUBLIC VERSION ESA I D201901440.00 January 2022 APPENDIX A Personnel Santa Gertrudis Creek Trail Phase II Undercrossing Project Cultural Resources Assessment ESA I D201901440.00 January 2022 PUBLIC VERSION r ESA EDUCATION MA, Archaeology, California State University, Northridge BA, Anthropology, California State University, Northridge AA, Humanities, Los Angeles Pierce College 24 YEARS OF EXPERIENCE SPECIALIZED EXPERIENCE Treatment of Historic and Prehistoric Human Remains Archaeological Monitoring Complex Shell Midden Sites Groundstone Analysis PROFESSIONAL AFFILIATIONS Register of Professional Archaeologists (RPA), #12805 Society for California Archaeology (SCA) Society forAmerican Archaeology (SAA) QUALIFICATIONS Exceeds Secretary of Interior's Qualifications Standards for Archaeology Meets Caltrans PQS for Principal Investigator CA State BLM Permitted NV State BLM Permitted (specific geographies) Monica Strauss, RPA Director, Southern California lk Cultural Resources Group Monica provides senior oversight to a multi -disciplinary team of cultural resources specialists throughout Southern California, including archaeologists, architectural historians, historians, and paleontologists. During her 24 years of practice, she has successfully directed hundreds of cultural resources projects meeting local, state, and/or federal regulatory requirements. Monica's strength lies in assisting clients in navigating complex cultural resources issues in the contexts of the California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA), and Section 106 of the National Historic Preservation Act (NHPA). Monica's experience ranges from large infrastructure projects that are controversial and multi -jurisdictional to smaller development projects that are important to local agencies and stakeholders. She has excellent experience working with agencies to develop creative mitigation to address challenging cultural resources impacts. She directs a staff who conduct Phase I archaeological/paleontological and historic architectural surveys, construction monitoring, Native American outreach, archaeological testing and treatment, historic resource significance evaluations, and large-scale data recovery programs. She is expert in the area of Assembly Bill 52 and routinely provides training to her clients as well as being a workshop content author and session presenter for the Association of Environmental Professionals on the topic. Relevant Experience Helix Water District (HWD), El Monte Valley, San Diego County, CA. Cultural Resources Principal Investigator. ESA provided professional Environmental Consulting services in support of the HWD's El Monte Mining, Reclamation, and Groundwater Recharge Project. The project includes mining of approximately 10 million tons of aggregate from the El Monte Valley in San Diego County. Monica directed the cultural resources component of this project to ensure it complies with CEQA, Section 106 and the County of San Diego, Guidelines for Determining Significance. Duties involved providing oversight to the management team and coordination with the client on key issues including Section 106 requirements and Native American issues. Metro Airpark LLC, Metropolitan Air Park, San Diego, CA. Cultural Resources Principal Investigator. ESA is preparing a master development plan, EIR, and EA for Metropolitan Air Park at Brown Field Airport in the City of San Diego. The project involves a 50-year land lease from the City of San Diego for a 400-acre portion of the airport property to be developed into airport and non -airport related land uses. The project requires the approval of the City of San Diego and the Federal Aviation Administration, and is being processed as Master Planned Development Permit Project. Monica is currently directing the cultural resources component of this project. Her duties involve coordination with the City of San Monica Strauss, RPA Page 2 Diego to ensure compliance with the City of San Diego Historical Resources Guidelines and oversight of survey and identification methods and resource evaluations. Sweetwater Reservoir, Water Main Replacement, San Diego County, CA. Cultural Resources Principal Investigator. ESA was retained by Sweetwater Authority to prepare an IS/MND for the replacement of a 36-inch pipeline leading from Sweetwater Dam. Sweetwater Dam was originally constructed in the late 19`" century and was subject to upgrades in 1917. ESA conducted a Phase 1 Cultural Resources Assessment including archival research, pedestrian, survey, historical research, Native American outreach, and the preparation of a technical report documenting archaeological and historic -architectural resources that might be impacted by the project. The study concluded that features that would be altered by the project that were contributing elements to the historic dam would need to be replaced in kind. Monica directed the team of researchers which conducted this work, assisted in evaluating project impacts to the dam, and facilitated in the development of appropriate mitigation. California Department of Water Resources, Perris Dam Mitigation Area, Riverside County, CA. Cultural Resources Senior Reviewer. ESA prepared a Phase I cultural resources survey report for the project which includes a creation/restoration program within the Western Riverside County Regional Conservation Authority mitigation area with the purpose of creating/restoring riparian habitat that is biologically equivalent or superior to that which is being impacted as a result of the Perris Dam Remediation Program being carried out at Lake Perris. The study concluded that the area is sensitive for archaeological resources and additional work was recommended. Monica served as the Senior Reviewer for the Phase I cultural resources survey report. Bureau of Land Management, Lakeside and Ridgecrest Abandoned Mine Lands Archaeological Inventory, San Diego and Kern Counties, CA. Cultural Resources Principal Investigator. ESA has been retained to provide cultural resources services to the Bureau of Land Management (BLM) in connection with the Abandoned Mine Lands program. The BLM proposes to conduct remediation of physical safety hazards associated with Abandoned Mine Lands. Remediation would consist of backfilling or closing off mine shafts, adits, and prospects. ESA prepared archaeological inventory reports documenting the abandoned mines, in compliance with Section 106 of the NHPA. r ESA Michael Vader Senior Associate EDUCATION Michael is cultural resources specialist with experience working on survey, data BA, Physical recovery, and monitoring projects. Michael has experience with project Anthropology, University management, has led crews on multiple surveys and excavations, and is familiar of California, with environmental compliance documents. He has worked on a variety of energy Santa Barbara and water infrastructure projects throughout California, including projects in M.A., Applied Riverside, San Diego, Imperial, San Bernardino, Los Angeles, Orange, Santa Archaeology (In Barbara, San Luis Obispo, Kern, Fresno, Madera, and Inyo Counties, as well as in Progress), California Clark County Nevada. Michael regularly works as part of a team, coordinating State University San Bernardino with field staff and agency leads. 13 YEARS OF Relevant Experience EXPERIENCE San Diego Gas & Electric's Tie Line (TL) 6975 San Marcos to Escondido 69 kV PROFESSIONAL Project, San Diego County, CA. Archaeologist. San Diego Gas and Electric AFFILIATIONS Company (SDG&E) retained ESA to prepare an Initial Study/Mitigated Negative Society for California Declaration. SDG&E proposes to install new overhead single -circuit electric Archaeology (SCA) power line structures, to rebuild existing structures from single circuit to double Society forAmerican circuit, and to reconduct and re -energize existing conductors. Michael prepared Archaeology (SAA) the assisted with the Assembly Bill 52 consultation and prepared the cultural Pacific Coast resources and tribal cultural resources ISM ND sections for the project. Archaeological Society (PCAS) Bonsall High School Project, Bonsall, San Diego County, CA. Archaeologist. ESA SPECIALIZED was retained by the Bonsall Unified School District to conduct a Phase I cultural EXPERIENCE resources assessment for the Bonsall High School Project in support of an Analysis of faunal Environmental Impact Report. The project would include the construction of a remains including fish new high school that would accommodate 1,500 students in grades 9-12 and 50- and shellfish species 60 district staff. Michael led the survey and prepared the Cultural Resources Archaeological Assessment Report for the project. Monitoring Paleontological Pacific Beach Vector Habitat Remediation Project, San Diego,, CA. Monitoring Archaeologist. The City of San Diego retained ESA to prepare an ISMND for the Pacific Beach Vector Habitat Remediation Project as part of the County of San Environmental Compliance Monitoring Diego Vector Habitat Remediation Program. The City is proposing this area for mitigation under the County Department of Environmental Health Vector Habitat Human os bioarchaeology osteology Remediation Program because it is a known mosquito breeding habitat. The purpose of the Project is to decrease favorable habitat for mosquitos, improve the water quality in the Kendall Frost Mission Bay Marsh Reserve, and to create tidal marsh, transitional zone and upland habitat by improving the Noyes Street storm drain outfall which drains and discharges into the Reserve. Michael led the cultural resources survey and prepared the Phase I cultural resources assessment report in support of the ISMND. Coast Highway Corridor Study Project, Oceanside, CA. Archaeologist. ESA was retained by the City of Oceanside to prepare an EIR for the Coast Highway Michael Vader Page 2 Corridor Project. The project would modify an approximate 3.5-mile-long segment of the Coast Highway corridor that runs through the City of Oceanside to encourage redevelopment and revitalization of the area. Proposed modifications include lane conversions, street improvements, intersection roundabouts, and increased parking and bicycle facilities, as well as an amendment to the Zoning Ordinance to create a Coast Highway Incentive Overlay District. Michael conducted the survey and prepared the Phase I cultural resources assessment report in support of the EIR. Sorrento Valley Channel Restoration Project, San Diego, CA. Archaeologist. ESA has been retained by the City of San Diego to prepare an EIR for the Sorrento/Los Penasquitos Restoration Program. The Project consists of the restoration of the historic coastal salt marsh habitat within the Los Penasquitos Lagoon to be completed in two phases. Michael assisted with the cultural resources survey and prepared the Phase I cultural resources assessment in support of the EIR. El Money Valley Mining and Reclamation Project, San Diego County, CA. Archaeologist. El Monte Nature Preserve, LLC retained ESA to conduct an updated Phase I cultural resources survey in support of the El Monte Valley Mining and Reclamation Project. The project includes the extraction of 15-million tons of surface mineral over a 15-year period in the El Monte Valley on land that is zoned for extractive use, and the reclamation and restoration of the project area to open space with an open water pond. Michael led the updated survey, prepared the technical memorandum presenting the results of the survey, and assisted in Extended Phase I testing of archaeological site CA-SDI-13592. Loma Alta Slough Vector Habitat remediation Project, Oceanside, CA. Archaeologist. The City of Oceanside retained ESA to prepare an ISMND for the Loma Alta Slough Vector Habitat Remediation Project as part of the County of San Diego Vector Habitat Remediation Program. The project includes the initial phase of planning to mitigate mosquito breeding habitat within Loma Alta Slough. In support of the ISMND, ESA prepared a Phase I cultural resources assessment of the project area. Michael conducted the survey and prepared the Phase I report for the cultural resources assessment. Richard A Reynolds Desalination Plant Phase 2 Expansion -Solar Project MND, San Diego, CA. Archaeologist. ESA will be preparing an EIR for a PV solar facility to be co -located with the Richard A. Reynolds Desalination Plant. The purpose of the proposed project is to construct solar panel arrays within the bounds of the desalination facilities to provide enough electricity to power the Phase II expansion of the plant. Michael conducted the cultural resources survey and prepared a Phase 1 Cultural Resources Study for the project. Richard A. Reynolds Desalination Plant Phase 2 Expansion - Cultural Resources, San Diego, CA. Archaeologist. ESA was contracted by the Sweetwater Authority to perform a cultural resources study for the Phase 2 Expansion at the Richard A. Reynolds Desalination Plant. The expansion would increase the desalinated potable water production at the desalination plant from its current 5 million gallons per day (mgd) capacity to 10 mgd. Michael conducted the cultural resources survey, coordinated with the BOR archaeologist, and prepared the cultural resources study for the expansion. /_1»>I►IQPAV4=3 Native American Outreach Santa Gertrudis Creek Trail Phase II Undercrossing Project Cultural Resources Assessment ESA I D201901440.00 January 2022 PUBLIC VERSION ESA 626 Wilshire Boulevard www.esassoc.com Suite 1100 Los Angeles, CA 90017 213.599.4300 phone 213.599.4301 fax December 8, 2020 Native American Heritage Commission 1550 Harbor Boulevard, Suite 100 West Sacramento, CA 95691 FAX- 916-373-5471 Subject: Sacred Lands File search request for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (D201601440.00) To whom it may concern: Environmental Science Associates (ESA) has been retained by the City Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA). The Project would design and construct a bicycle/multi-use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. As depicted in the attached map, the Project area is located in the City of Temecula within Riverside County, within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle. In an effort to provide an adequate appraisal of all potential effects to cultural resources that may result from the proposed Project, ESA is requesting that a records search be conducted for sacred lands or traditional cultural properties that may exist within the Project area. Thank you for your time and cooperation regarding this matter. To expedite the delivery of search results, please fax them to 619.719.4201, or email them to mvader@esassoc.com. Please contact me at 619.241.9238 or at mvader@esassoc.com if you have any questions. Sincerely, Michael Vader Cultural Resources • ,- a ., • Project Location eliq 7_ _ 24 r. 0 s e � M 1072 9 :.� •� i� Well yS rOSa. Reser4Qir . `a. h 0 d N 0' Co 2,000 r } • �* 1 s et (� TOPO QUAD: Murrieta, CA 7.5-minute F ESA p 1087 { Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Figure 1 Records Search NATIVE AMERICAN HERITAGE COMMISSION 11 December 28, 2020 Michael Vader ESA CHAIRPERSON Via Email to: mvader@esassoc.com Laura Miranda Luiseno VICE CHAIRPERSON Re: Native American Tribal Consultation, Pursuant to the Assembly Bill 52 (AB 52), Amendments Reginald Pagaling to the California Environmental Quality Act (CEQA) (Chapter 532, Statutes of 2014), Public Chumash Resources Code Sections 5097.94 (m), 21073, 21074, 21080.3.1, 21080.3.2, 21082.3, 21083.09, 21084.2 and 21084.3, Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project, SECRETARY Riverside County Merri Lopez -Keifer Luiseno Dear Mr. Vader: PARLIAMENTARIAN Russell Attebery Pursuant to Public Resources Code section 21080.3.1 (c), attached is a consultation list of tribes Karuk that are traditionally and culturally affiliated with the geographic area of the above -listed project. Please note that the intent of the AB 52 amendments to CEQA is to avoid and/or COMMISSIONER mitigate impacts to tribal cultural resources, (Pub. Resources Code §21084.3 (a)) ("Public Marshall McKay agencies shall, when feasible, avoid damaging effects to any tribal cultural resource.") Wintun Public Resources Code sections 21080.3.1 and 21084.3(c) require CEQA lead agencies to COMMISSIONER consult with California Native American tribes that have requested notice from such agencies William Mungary of proposed projects in the geographic area that are traditionally and culturally affiliated with Paiute/White Mountain Apache the tribes on projects for which a Notice of Preparation or Notice of Negative Declaration or Mitigated Negative Declaration has been filed on or after July 1, 2015. Specifically, Public Resources Code section 21080.3.1 (d) provides: COMMISSIONER Julie Tumamait- Stenslie Within 14 days of determining that an application for a project is complete or a decision by a Chumash public agency to undertake a project, the lead agency shall provide formal notification to the designated contact of, or a tribal representative of, traditionally and culturally affiliated COMMISSIONER California Native American tribes that have requested notice, which shall be accomplished by [Vacant] means of at least one written notification that includes a brief description of the proposed project and its location, the lead agency contact information, and a notification that the COMMISSIONER California Native American tribe has 30 days to request consultation pursuant to this section. [Vacant] The AB 52 amendments to CEQA law does not preclude initiating consultation with the tribes EXECUTIVE SECRETARY that are culturally and traditionally affiliated within your jurisdiction prior to receiving requests for Christina Snider notification of projects in the tribe's areas of traditional and cultural affiliation. The Native Porno American Heritage Commission (NAHC) recommends, but does not require, early consultation as a best practice to ensure that lead agencies receive sufficient information about cultural resources in a project area to avoid damaging effects to tribal cultural resources. NAHC HEADQUARTERS 1550 Harbor Boulevard The NAHC also recommends, but does not require that agencies should also include with their Suite 100 notification letters, information regarding any cultural resources assessment that has been West Sacramento, completed on the area of potential effect (APE), such as: California 95691 (916) 373-3710 nahc@nahc.ca.aov 1. The results of any record search that may have been conducted at an Information Center of NAHC.ca.gov the California Historical Resources Information System (CHRIS), including, but not limited to: Page 1 of 2 • A listing of any and all known cultural resources that have already been recorded on or adjacent to the APE, such as known archaeological sites; • Copies of any and all cultural resource records and study reports that may have been provided by the Information Center as part of the records search response; • Whether the records search indicates a low, moderate, or high probability that unrecorded cultural resources are located in the APE; and • If a survey is recommended by the Information Center to determine whether previously unrecorded cultural resources are present. 2. The results of any archaeological inventory survey that was conducted, including: • Any report that may contain site forms, site significance, and suggested mitigation measures. All information regarding site locations, Native American human remains, and associated funerary objects should be in a separate confidential addendum, and not be made available for public disclosure in accordance with Government Code section 6254.10. 3. The result of any Sacred Lands File (SLF) check conducted through the Native American Heritage Commission was positive. Please contact the Pechanga Band of Luiseno Indians on the attached list for more information. 4. Any ethnographic studies conducted for any area including all or part of the APE; and 5. Any geotechnical reports regarding all or part of the APE. Lead agencies should be aware that records maintained by the NAHC and CHRIS are not exhaustive and a negative response to these searches does not preclude the existence of a tribal cultural resource. A tribe may be the only source of information regarding the existence of a tribal cultural resource. This information will aid tribes in determining whether to request formal consultation. In the event that they do, having the information beforehand will help to facilitate the consultation process. If you receive notification of change of addresses and phone numbers from tribes, please notify the NAHC. With your assistance, we can assure that our consultation list remains current. If you have any questions, please contact me at my email address: Andrew.Green@nahc.ca.gov. Sincerely, axr� A-zt� Andrew Green Cultural Resources Analyst Attachment Page 2 of 2 Agua Caliente Band of Cahuilla Indians Patricia Garcia -Plotkin, Director 5401 Dinah Shore Drive Palm Springs, CA, 92264 Phone: (760) 699 - 6907 Fax: (760) 699-6924 ACBCI-THPO@aguacaliente.net Native American Heritage Commission Tribal Consultation List Riverside County 12/28/2020 La Jolla Band of Luiseno Indians Fred Nelson, Chairperson Cahuilla 22000 Highway 76 Pauma Valley, CA, 92061 Phone: (760) 742 - 3771 Agua Caliente Band of Cahuilla Indians Jeff Grubbe, Chairperson 5401 Dinah Shore Drive Cahuilla Palm Springs, CA, 92264 Phone: (760) 699 - 6800 Fax: (760) 699-6919 Campo Band of Diegueno Mission Indians Ralph Goff, Chairperson 36190 Church Road, Suite 1 Campo, CA, 91906 Phone: (619) 478 - 9046 Fax: (619) 478-5818 rgoff@campo-nsn.gov Ewiiaapaayp Band of Kumeyaay Indians Michael Garcia, Vice Chairperson 4054 Willows Road Alpine, CA, 91901 Phone: (619) 445 - 6315 Fax: (619) 445-9126 michaelg@leaningrock.net Ewiiaapaayp Band of Kumeyaay Indians Robert Pinto, Chairperson 4054 Willows Road Alpine, CA, 91901 Phone: (619) 445 - 6315 Fax: (619) 445-9126 wmicklin@leaningrock.net La Posta Band of Diegueno Mission Indians Javaughn Miller, Tribal Administrator 8 Crestwood Road Boulevard, CA, 91905 Phone: (619) 478 - 2113 Fax: (619) 478-2125 jmiller@LPtribe.net Luiseno Diegueno La Posta Band of Diegueno Mission Indians Gwendolyn Parada, Chairperson Diegueno 8 Crestwood Road Diegueno Boulevard, CA, 91905 Phone: (619) 478 - 2113 Fax: (619) 478-2125 LP13boots@aol.com Manzanita Band of Kumeyaay Nation Angela Elliott Santos, Chairperson Diegueno P.O. Box 1302 Diegueno Boulevard, CA, 91905 Phone: (619) 766 - 4930 Fax: (619) 766-4957 Mesa Grande Band of Diegueno Mission Indians Michael Linton, Chairperson Diegueno P.O Box 270 Diegueno Santa Ysabel, CA, 92070 Phone: (760) 782 - 3818 Fax: (760) 782-9092 mesagrandeband@msn.com This list is current only as of the date of this document. Distribution of this list does not relieve any person of statutory responsibility as defined in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and section 5097.98 of the Public Resources Code. This list is only applicable for consultation with Native American tribes under Public Resources Code Sections 21080.3.1 for the proposed Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project, Riverside County. PRO]-2020- 12/28/2020 09:59 AM 1 of 2 006662 Pala Band of Mission Indians Shasta Gaughen, Tribal Historic Preservation Officer PMB 50, 35008 Pala Temecula Rd. Pala, CA, 92059 Phone: (760) 891 - 3515 Fax: (760) 742-3189 sgaughen@palatribe.com Native American Heritage Commission Tribal Consultation List Riverside County 12/28/2020 Rincon Band of Luiseno Indians Cheryl Madrigal, Tribal Historic Preservation Officer Cupeno One Government Center Lane Luiseno Luiseno Valley Center, CA, 92082 Phone: (760) 297 - 2635 crd@rincon-nsn.gov Pauma Band of Luiseno Indians Temet Aguilar, Chairperson P.O. Box 369 Luiseno Pauma Valley, CA, 92061 Phone: (760) 742 - 1289 Fax: (760) 742-3422 bennaecalac@aol.com Pechanga Band of Luiseno Indians Mark Macarro, Chairperson P.O. Box 1477 Luiseno Temecula, CA, 92593 Phone: (951) 770 - 6000 Fax: (951) 695-1778 epreston@pechanga-nsn.gov Quechan Tribe of the Fort Yuma Reservation Jill McCormick, Historic Preservation Officer P.O. Box 1899 Quechan Yuma, AZ, 85366 Phone: (760) 572 - 2423 historicpreservation@quechantrib e.com Rincon Band of Luiseno Indians Bo Mazzetti, Chairperson One Government Center Lane Luiseno Valley Center, CA, 92082 Phone: (760) 749 - 1051 Fax: (760) 749-5144 bomazzetti@aol.com San Luis Rey Band of Mission Indians San Luis Rey, Tribal Council 1889 Sunset Drive Vista, CA, 92081 Phone: (760) 724 - 8505 Fax: (760) 724-2172 cjmojado@slrmissionindians.org Santa Rosa Band of Cahuilla Indians Lovina Redner, Tribal Chair P.O. Box 391820 Anza, CA, 92539 Phone: (951) 659 - 2700 Fax: (951) 659-2228 Isaul@santarosa-nsn.gov Soboba Band of Luiseno Indians Scott Cozart, Chairperson P. O. Box 487 San Jacinto, CA, 92583 Phone: (951) 654 - 2765 Fax: (951) 654-4198 jontiveros@soboba-nsn.gov Sycuan Band of the Kumeyaay Nation Cody Martinez, Chairperson 1 Kwaaypaay Court El Cajon, CA, 92019 Phone: (619) 445 - 2613 Fax: (619) 445-1927 ssilva@sycuan-nsn.gov Luiseno Cahuilla Cahuilla Luiseno Kumeyaay This list is current only as of the date of this document. Distribution of this list does not relieve any person of statutory responsibility as defined in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and section 5097.98 of the Public Resources Code. This list is only applicable for consultation with Native American tribes under Public Resources Code Sections 21080.3.1 for the proposed Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project, Riverside County. PRO]-2020- 12/28/2020 09:59 AM 2 of 2 006662 ESA 626 Wilshire Boulevard www.esassoc.com Suite 1100 Los Angeles, CA 90017 213.599.4300 phone 213.599.4301 fax January 15, 2021 Angela Elliott Santos, Chairperson Manzanita Band of Kumeyaay Nation P.O. Box 1302 Boulevard, CA 91905 Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Chairperson Santos: Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106. The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle. A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive. In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project. Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at mvader@esassoc.com. Sincerely, Michael Vader Cultural Resources Specialist ESA 626 Wilshire Boulevard www.esassoc.com Suite 1100 Los Angeles, CA 90017 213.599.4300 phone 213.599.4301 fax January 15, 2021 Bo Mazzetti, Chairperson Rincon Band of Luiseno Indians One Government Center Lane Valley Center, CA 92082 Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Chairperson Mazzetti: Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106. The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle. A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive. In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project. Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at mvader@esassoc.com. Sincerely, Michael Vader Cultural Resources Specialist ESA 626 Wilshire Boulevard www.esassoc.com Suite 1100 Los Angeles, CA 90017 213.599.4300 phone 213.599.4301 fax January 15, 2021 Cheryl Madrigal, Tribal Historic Preservation Officer Rincon Band of Luiseno Indians One Government Center Lane Valley Center, CA 92082 Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Tribal Historic Preservation Officer Madrigal: Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106. The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle. A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive. In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project. Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at mvader@esassoc.com. Sincerely, Michael Vader Cultural Resources Specialist ESA 626 Wilshire Boulevard www.esassoc.com Suite 1100 Los Angeles, CA 90017 213.599.4300 phone 213.599.4301 fax January 15, 2021 Cody Martinez, Chairperson Sycuan Band of the Kumeyaay Nation 1 Kwaaypaay Court El Cajon, CA 92019 Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Chairperson Martinez: Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106. The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle. A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive. In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project. Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at mvader@esassoc.com. Sincerely, Michael Vader Cultural Resources Specialist ESA 626 Wilshire Boulevard www.esassoc.com Suite 1100 Los Angeles, CA 90017 213.599.4300 phone 213.599.4301 fax January 15, 2021 Fred Nelson, Chairperson La Jolla Band of Luiseno Indians 22000 Highway 76 Pauma Valley, CA, 92061 Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Chairperson Nelson: Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106. The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle. A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive. In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project. Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at mvader@esassoc.com. Sincerely, Michael Vader Cultural Resources Specialist ESA 626 Wilshire Boulevard www.esassoc.com Suite 1100 Los Angeles, CA 90017 213.599.4300 phone 213.599.4301 fax January 15, 2021 Gwendolyn Parada, Chairperson La Posta Band of Diegueno Mission Indians 8 Crestwood Road Boulevard, CA 91905 Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Chairperson Parada: Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106. The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle. A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive. In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project. Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at mvader@esassoc.com. Sincerely, Michael Vader Cultural Resources Specialist ESA 626 Wilshire Boulevard www.esassoc.com Suite 1100 Los Angeles, CA 90017 213.599.4300 phone 213.599.4301 fax January 15, 2021 Javaughn Miller, Tribal Administrator La Posta Band of Diegueno Mission Indians 8 Crestwood Road Boulevard, CA 91905 Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Tribal Administrator Miller: Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106. The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle. A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive. In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project. Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at mvader@esassoc.com. Sincerely, Michael Vader Cultural Resources Specialist ESA 626 Wilshire Boulevard www.esassoc.com Suite 1100 Los Angeles, CA 90017 213.599.4300 phone 213.599.4301 fax January 15, 2021 Jeff Grubbe, Chairperson Agua Caliente Band of Cahuilla Indians 5401 Dinah Shore Drive Palm Springs, CA 92264 Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Chairperson Grubbe: Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106. The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle. A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive. In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project. Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at mvader@esassoc.com. Sincerely, Michael Vader Cultural Resources Specialist ESA 626 Wilshire Boulevard www.esassoc.com Suite 1100 Los Angeles, CA 90017 213.599.4300 phone 213.599.4301 fax January 15, 2021 Jill McCormick, Historic Preservation Officer Quechan Tribe of the Fort Yuma Reservation P.O. Box 1899 Yuma, AZ 85366 Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Historic Preservation Officer McCormick: Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106. The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle. A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive. In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project. Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at mvader@esassoc.com. Sincerely, Michael Vader Cultural Resources Specialist ESA 626 Wilshire Boulevard www.esassoc.com Suite 1100 Los Angeles, CA 90017 213.599.4300 phone 213.599.4301 fax January 15, 2021 Lovina Redner, Tribal Chair Santa Rosa Band of Cahuilla Indians P.O. Box 391820 Anza, CA 92539 Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Tribal Chair Redner: Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106. The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle. A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive. In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project. Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at mvader@esassoc.com. Sincerely, Michael Vader Cultural Resources Specialist ESA 626 Wilshire Boulevard www.esassoc.com Suite 1100 Los Angeles, CA 90017 213.599.4300 phone 213.599.4301 fax January 15, 2021 Mark Macarro, Chairperson Pechanga Band of Luiseno Indians P.O. Box 1477 Temecula, CA 92593 Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Chairperson Macarro: Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106. The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle. A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive. In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project. Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at mvader@esassoc.com. Sincerely, Michael Vader Cultural Resources Specialist ESA 626 Wilshire Boulevard www.esassoc.com Suite 1100 Los Angeles, CA 90017 213.599.4300 phone 213.599.4301 fax January 15, 2021 Michael Garcia, Vice Chairperson Ewiiaapaayp Band of Kumeyaay Indians 4054 Willows Road Alpine CA, 91901 Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Vice Chairperson Garcia: Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106. The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle. A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive. In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project. Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at mvader@esassoc.com. Sincerely, Michael Vader Cultural Resources Specialist ESA 626 Wilshire Boulevard www.esassoc.com Suite 1100 Los Angeles, CA 90017 213.599.4300 phone 213.599.4301 fax January 15, 2021 Michael Linton, Chairperson Mesa Grande Band of Diegueno Mission Indians P.O Box 270 Santa Ysabel, CA 92070 Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Chairperson Linton: Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106. The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle. A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive. In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project. Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at mvader@esassoc.com. Sincerely, Michael Vader Cultural Resources Specialist ESA 626 Wilshire Boulevard www.esassoc.com Suite 1100 Los Angeles, CA 90017 213.599.4300 phone 213.599.4301 fax January 15, 2021 Patricia Garcia -Plotkin, Director Agua Caliente Band of Cahuilla Indians 5401 Dinah Shore Drive Palm Springs, CA 92264 Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Director Garcia -Plotkin: Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106. The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle. A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive. In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project. Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at mvader@esassoc.com. Sincerely, Michael Vader Cultural Resources Specialist ESA 626 Wilshire Boulevard www.esassoc.com Suite 1100 Los Angeles, CA 90017 213.599.4300 phone 213.599.4301 fax January 15, 2021 Ralph Goff, Chairperson Campo Band of Diegueno Mission Indians 36190 Church Road, Suite 1 Campo, CA 91906 Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Chairperson Goff: Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106. The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle. A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive. In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project. Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at mvader@esassoc.com. Sincerely, Michael Vader Cultural Resources Specialist ESA 626 Wilshire Boulevard www.esassoc.com Suite 1100 Los Angeles, CA 90017 213.599.4300 phone 213.599.4301 fax January 15, 2021 Robert Pinto, Chairperson Ewiiaapaayp Band of Kumeyaay Indians 4054 Willows Road Alpine, CA 91901 Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Chairperson Pinto: Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106. The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle. A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive. In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project. Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at mvader@esassoc.com. Sincerely, Michael Vader Cultural Resources Specialist ESA 626 Wilshire Boulevard www.esassoc.com Suite 1100 Los Angeles, CA 90017 213.599.4300 phone 213.599.4301 fax January 15, 2021 Tribal Council San Luis Rey Band of Mission Indians 1889 Sunset Drive Vista, CA 92081 Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Tribal Council: Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106. The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle. A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive. In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project. Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at mvader@esassoc.com. Sincerely, Michael Vader Cultural Resources Specialist ESA 626 Wilshire Boulevard www.esassoc.com Suite 1100 Los Angeles, CA 90017 213.599.4300 phone 213.599.4301 fax January 15, 2021 Scott Cozart, Chairperson Soboba Band of Luiseno Indians P. O. Box 487 San Jacinto, CA 92583 Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Chairperson Cozart: Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106. The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle. A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive. In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project. Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at mvader@esassoc.com. Sincerely, Michael Vader Cultural Resources Specialist ESA 626 Wilshire Boulevard www.esassoc.com Suite 1100 Los Angeles, CA 90017 213.599.4300 phone 213.599.4301 fax January 15, 2021 Shasta Gaughen, Tribal Historic Preservation Officer Pala Band of Mission Indians PMB 50, 35008 Pala Temecula Road Pala, CA 92059 Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Tribal Historic Preservation Officer Gaughen: Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106. The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle. A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive. In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project. Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at mvader@esassoc.com. Sincerely, Michael Vader Cultural Resources Specialist ESA 626 Wilshire Boulevard www.esassoc.com Suite 1100 Los Angeles, CA 90017 213.599.4300 phone 213.599.4301 fax January 15, 2021 Temet Aguilar, Chairperson Pauma Band of Luiseno Indians P.O. Box 369 Pauma Valley, CA 92061 Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project Dear Chairperson Aguilar: Environmental Science Associates (ESA) has been retained by the City of Temecula Planning Department (City) to conduct a cultural resources assessment for the Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project (Project) in support of environmental documentation pursuant to the California Environmental Quality Act (CEQA) and a U.S. Army Corps of Engineers (USACE) 404 permit, requiring compliance with Section 106 of the National Historic Preservation Act (Section 106). The Project would design and construct a bicycle/multi- use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing will improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The USACE is the lead federal agency responsible for complying with Section 106. The Project is located at the intersection of Margarita Road, and the south side of Santa Gertrudis Creek, in the City of Temecula, Riverside County, California. The enclosed map shows the Project area is located within an unsectioned portion of Township 7 South, Range 3 West on the Murrieta, CA 7.5-minute topographic quadrangle. A records search of the Project area plus a 1-mile buffer (study area) was requested through the Eastern Information Center (EIC) on December 8, 2020. The EIC search results have not been received by ESA at this time. A Sacred Lands File search was conducted by the Native American Heritage Commission (NAHC) on December 28, 2020. The results were positive. In an effort to assist USACE with their Section 106 identification and consultation efforts, ESA is reaching out to Native American Tribes who are culturally and traditionally affiliated with the study area and vicinity. The NAHC identified you as someone who is affiliated with the study area, and as someone who may have knowledge of resources in the area or an interest in the Project. We are writing to request your input on resources that may be within or nearby the study area, and to solicit any concerns you may have regarding the Project. Thank you for your cooperation on this matter. If you have any questions or comments, please contact Michael Vader by phone at 619.719.4195 or by email at mvader@esassoc.com. Sincerely, Michael Vader Cultural Resources Specialist Michael Vader From: Gonzalez Romero, Arysa (TRBL) <aromero@aguacaliente.net> Sent: Tuesday, February 2, 2021 4:14 PM To: Michael Vader Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road project Greetings, A records check of the Tribal Historic preservation office's cultural registry revealed that this project is not located within the Tribe's Traditional Use Area. Therefore, we defer to the other tribes in the area. This letter shall conclude our consultation efforts. Thank you, Arysa Gonzalez Romero Historie Preservation Technician Agua Caliente Band of Cahuilla Indians Tribal Historic Preservation Office Main (760)-883-1327 1 Cell (760)-831-2484 Rincon Band of Luiseno Indians CULTURAL RESOURCES DEPARTMENT One Government Center Lane I Valley Center I CA 92082 (760) 749-1051 1 Fax: (760) 749-8901 1 rincon-nsn.gov January 20, 2021 Sent only via email to: mvader@esassoc.com ESA Michael Vader 626 Wilshire Boulevard, Suite 1100 Los Angeles, CA 90017 Re: Santa Gertrudis Bicycle/Trial Undercrossing at Margarita Road Project Dear Mr. Vader, This letter is written on behalf of the Rincon Band of Luiseno Indians ("Rincon Band" or "Band"), a federally recognized Indian Tribe and sovereign government. We have received your notification regarding the above referenced project and we thank you for the opportunity to provide information pertaining to cultural resources. The identified location is within the Territory of the Luiseno people, and is also within Rincon's specific area of Historic interest. Embedded in the Luiseno territory are Rincon's history, culture and identity. We do not have knowledge of cultural resources within the proposed project area. However, this does not mean that none exist. We recommend that an archaeological record search be conducted and ask that a copy of the results be provided to the Rincon Band. If you have additional questions or concerns, please do not hesitate to contact our office at your convenience at (760) 297-2635 or via electronic mail at CRD@rincon-nsn.gov. We look forward to working together to protect and preserve our cultural assets. Sincerely, Cheryl Madrigal Tribal Historic Preservation Officer Cultural Resources Manager Bo Mazzetti Tishmall Turner Laurie E. Gonzalez John Constantino Joseph Linton Chairman Vice Chair Council Member Council Member Council Member Michael Vader From: Quechan Historic Preservation Officer <historicpreservation@quechantribe.com> Sent: Wednesday, January 27, 2021 2:40 PM To: Michael Vader Subject: Santa Gertrudis Bicycle/Trail Undercrossing at Margarita Road Project This email is to inform you that we have no comments on this project. We defer to the more local Tribes and support their decisions on the project. C,T/cank pa, 0q. 0q&C1-lc1ffoam.Ec%, Cfl.pg. Quechan Indian Tribe Historic Preservation Officer P.O. Box 1899 Yuma, AZ 85366-1899 Office: 760-572-2423 Cell: 928-261-0254 E-mail: historicpreservation@quechantribe.com T Ado Virus -free. www.avast.com 1 Appendix E Energy Calculations ESA Onroad Unmitigated Fuel Conversion - Construction Total CO2 Fuel Factor MT/yr Type KGCOZ/gal Gallons source: CaIEEMOd Demolition 7.84 diesel 10.21 768 Grading 5.23 diesel 10.21 512 Building Construction 45.42 diesel 10.21 4,449 Architectural Coating 2.56 diesel 10.21 250 Total Off -Road Diesel 5,980 source: EMFAC2017 Hauling Vendor Worker Demolition 2 1 Grading 1 0 Building Construction 5 4 Architectural Coating 1 3 5 6 Total On -Road Diesel 8 Total On -Road Gasoline 6 Total Diesel 5,987.57 Total Gasoline 6.00 Construction Energy Analysis Construction Water Energy Estimates Construction Water Use per Total Construction Water Use Total Electricity Demand from Source Acres Days of Water Use Day (Mgal) (Mgal) Water Demand (MWh) Project Site 0.17 0.00051 10 0.005 0.1 Electricity Intensity ac or or Electricity Intensity Factor To Electricity Intensity Factor To Electricity Intensity Factor To Wastewater Treatment CalEEMod Water Electricity Factors Supply (kWh/Mgal) Treat (kWh/Mgal) Distribute (kWh/Mgal) (kWh/Mgal) 9727 111 1272 1911 Sources and Assumptions: -Electricity Intensity Factors - California Emissions Estimator Model (CalEEMod). -Estimated construction water use assumed to be generally equivalent to landscape irrigation, based on a factor of 20.94 gallons per year per square foot of landscaped area within the Los Angeles area (Mediterranean climate), which assumes high water demand landscaping materials and an irrigation system efficiency of 85%. Factor is therefore (20.94 GAL/SF/year) x (43,560 SF/acre) / (365 days/year) / (0.85) = 2,940 gallons/acre/day, rounded up to 3,000 gallons/acre/day. (U.S. Department of Energy, Energy Efficiency & Renewable Energy, Federal Energy Management Program. "Guidelines for Estimating Unmetered Landscaping Water Use." July 2010. Page 12, Table 4 - Annual Irrigation Factor— Landscaped Areas with High Water Requirements). Appendix F Foundation Report for Retaining Walls ESA Earth Mechanics, Inc. Geotechnical & Earthquake Engineering January 20, 2021 EMI Project No. 20-130 EXP 451 East Vanderbilt Way, Suite 375 San Bernardino, CA 92408 Attention: Mr. Gabriel Rodriguez, PE Subject: Foundation Report for Retaining Walls Santa Gertrudis Creek Phase II, Temecula, California City Project No. PW19-04 Dear Mr. Rodriguez: The existing multiuse trail along Santa Gertrudis Creek crosses Margarita Road at grade over the existing bridge. The subject project proposes to extend the existing trail under the existing Margarita Road Undercrossing to provide a continuous and safe passage under Margarita Road. This re -configuration will require two retaining walls and this foundation report presents the findings, conclusions and recommendations for the design and construction of these walls. Please submit this report to City of Temecula, and any other participating agencies for their review. Responses to their review comments, as well as your comments, will be incorporated into a revised report. We appreciate the opportunity to provide geotechnical services for this project. If you have any questions, please do not hesitate to contact us. Sincerely, EARTH MECHANICS, INC. Z� -- Prathapan Ragavan Staff Engineer PROFESS/0N9 w m NO. GE 3123 ps 7 * EXP.9-30-2021 9TFF�TFCHN��P OF CAS-\� (Alahesh) A. Thurairajah, GE 3123 Senior Engineer 17800 Newhope Street, Suite B, Fountain Valley, CA 92708 . Tel: (714) 751-3826 . Fax: (714) 751-3928 FOUNDATION REPORT FOR RETAINING WALLS SANTA GERTRUDIS CREEK PHASE II, TEMECULA, CALIFORNIA CITY PROJECT NO. PW19-04 Prepared for: EXP 451 East Vanderbilt Way, Suite 375 San Bernardino, CA 92408 Prepared by: Earth Mechanics, Inc. 17800 Newhope Street, Suite B Fountain Valley, California 92708 EMI Project No. 20-130 January 20, 2021 Earth Mechanics, Inc. w ITT Gegtecnnicai 6 Earinquake Enp,neenng TABLE OF CONTENTS Section Page 1.0 SCOPE OF WORK............................................................................................................1 2.0 PROJECT DESCRIPTION..............................................................................................1 3.0 FIELD INVESTIGATION AND TESTING PROGRAM ............................................. 3 3.1 Available Subsurface Information................................................................................... 3 3.2 Supplemental Field Investigation..................................................................................... 3 3.3 Laboratory Testing Program............................................................................................ 5 4.0 SUBSURFACE CONDITIONS........................................................................................ 6 4.1 Soil Stratigraphy............................................................................................................... 6 4.2 Groundwater.....................................................................................................................7 5.0 SITE -SEISMICITY AND ANALYSES........................................................................... 8 5.1 Seismic Design................................................................................................................. 8 5.2 Liquefaction Potential and Seismically -Induced Settlement ........................................... 8 5.3 Seismic Slope Instability.................................................................................................. 8 5.4 Ground Rupture................................................................................................................ 8 6.0 SCOUR EVALUATION................................................................................................... 9 7.0 CORROSION EVALUATION......................................................................................... 9 8.0 GEOTECHNICAL RECOMMENDATIONS............................................................... 10 8.1 Ground Anchor Wall...................................................................................................... 10 8.1.1 Lateral Earth Pressures........................................................................................................10 8.1.2 Unbonded Length................................................................................................................ 12 8.1.3 Bonded Length....................................................................................................................12 8.1.4 Bearing Capacity and Wall Friction.................................................................................... 12 8.2 Caltrans Standard Plans Type-5 Wall............................................................................ 13 8.2.1 Bearing Capacity and Settlement........................................................................................13 8.2.2 Overexcavation Recommendations..................................................................................... 13 8.2.3 Lateral Resistance...............................................................................................................14 8.3 Global Stability.............................................................................................................. 14 9.0 CONSTRUCTION CONSIDERATIONS..................................................................... 15 9.1 Earthwork....................................................................................................................... 15 9.2 Temporary Excavation................................................................................................... 15 9.3 Groundwater Control...................................................................................................... 15 9.4 Ground Anchor Wall Construction................................................................................ 16 9.5 Monitoring Existing Bridge Abutment During Construction ........................................ 17 9.6 Type-5 Retaining Wall Backfill and Drainage............................................................... 17 9.7 Review of Construction Plans........................................................................................ 17 9.8 Geotechnical Observation and Testing.......................................................................... 17 10.0 LIMITATIONS................................................................................................................ 19 11.0 REFERENCES.................................................................................................................20 Earth Mechanics, Inc. TABLES Page Table 1. Relevant Retaining Walls Data......................................................................................... 1 Table 2. Soil Exploration Information............................................................................................ 3 Table 3. Explanation of Laboratory Tests Performed..................................................................... 5 Table 4. Idealized Soil Profile and Strength Parameters................................................................ 6 Table 5. Key Parameters for Determining PGA............................................................................. 8 Table 6. Soil Corrosion Test Results.............................................................................................. 9 Table 7. Bearing Capacity and Wall Friction, Ground Anchor Wall ........................................... 12 Table 8. Pertinent Design Data, Type-5 Wall............................................................................... 13 Table 9. Minimum Overexcavation Depth, Type-5 Wall............................................................. 13 FIGURES Page Figure1. Site Location Map........................................................................................................... 2 Figure 2. Boring Location Map...................................................................................................... 4 Figure 3. Lateral Earth Pressures Against Ground Anchor Wall .................................................. 11 APPENDICES Appendix A. Log -of -Test -Boring Sheets Appendix B. Laboratory Test Results Earth Mechanics, Inc. Gegtecnnicai 6 Earinquake Enp,nee-9 1.0 SCOPE OF WORK This Foundation Report presents the findings and conclusions of a geotechnical study conducted by Earth Mechanics, Inc. (EMI) for the retaining walls proposed for the Santa Gertrudis Creek Phase II project. The purpose of the geotechnical study was to obtain information on subsurface soils and conditions, and develop design and construction recommendations to assist EXP in preparing the project Plans, Specifications, and Estimates (PS&E) for the project. The geotechnical services provided for this project included the following tasks: • Collection and review of existing geotechnical information; • Geotechnical field exploration including drilling and logging of exploratory borings; • Laboratory testing of selected subsurface soil samples; • Engineering analysis to develop geotechnical design and construction recommendations; and • Preparation of this report presenting our findings, conclusions, and recommendations. 2.0 PROJECT DESCRIPTION The City of Temecula (City) proposes to eliminate the existing at -grade street crossing of the existing multi -use trail at Margarita Road and Santa Gertrudis Creek. The reconfigured trail will pass under the existing Margarita Road Undercrossing (UC). Two retaining walls (RWs) are needed to accommodate this reconfiguration: a Type-5 wall is proposed on the channel slope and will be used to retain the new trail; a ground anchor wall (GAW) is proposed below the existing Margarita Road UC and is used to retain the abutment end slope. The project location is shown in Figure 1 and the relevant wall information is presented in Table 1. Majority of the GAW designed height is 10'-10", tapering down to 6'-4" at both ends. The GAW retained height is about 1'4" to 2'-10" shorter than the wall height. Table 1. Relevant Retaining Walls Data Type Length (feet) Height (feet) Type-5 568 6 to 10 GAW 170 6'-4" to 10'-10" Notes: (1) GAW = Ground Anchor Wall (2) Type-5 is a Caltrans Standard Plans Retaining Wall Earth Mechanics, Inc. Geotechnical 6 Earinquake Enp,neenng UNW' "Mi - s Mulligan Family Fun � Center- Murrieta w oe 19, 9 Murriet e+' walmart tam 4 x am's Club . geMoor French Vall yl Airpart I V 9 HKumakR''9a�$�+k �Rb Site Location -' Temeku Hills Golf And Country Club R� Lake Vl lage ,?,W Rd Temecula Earth Mechanics, Inc. SANTA GERTRUDIS CREEK PHASE II Geotechnical and Earthquake Engineering SITE LOCATION MAP Project No. 20-130 1 Date: Dec 2020 Figure 1 3 3.0 FIELD INVESTIGATION AND TESTING PROGRAM 3.1 Available Subsurface Information A draft geotechnical report has been prepared by Diaz Yourman & Associates (DYA, 2005) for the "Old Project" described in the RFP issued by the City. The DYA report contained three soil borings and the boring depths ranged from 11.5 to 38.5 feet. This boring data is drafted in a Log - of -Test -Borings (LOTB) format and included in Appendix A. 3.2 Supplemental Field Investigation On November 5 and 6, 2020, EMI conducted a geotechnical field investigation consisting of five hollow -stem auger borings. The approximate locations of the borings are shown in Figure 2. Soil exploration information is summarized in Table 2 and the LOTB sheets are included in Appendix A. Table 2. Soil Exploration Information Approx. Approx. Approx. Boring Boring Northing Easting Approx. Approx. Ground Bottom Groundwater No. Type (feet) (feet) Station Station Line Offset Surface of Hole El. During (feet) El. El. Drilling (feet) (feet) (feet) B-1 HSA 2138563.2 6286385.5 10+21 "A" Line 4.6 Rt +1070.0 +1028.5 NE B-2 HSA 2138650.1 6286463.9 11+38 24.2 Rt +1072.0 +1030.5 +1032.0 B-3 HSA 2138721.8 6286541.7 12+42 42.7 Rt +1077.0 +1025.5 +1031.0 B-4 HSA 2138856.3 6286632.6 14+04 33.9 Rt +1075.0 +1043.5 NE B-5 HSA 1 2138970.2 1 6286693.8 1 15+33 8.7 Rt 1 +1071.0 +1019.5 +1031.6 Notes: HSA = Hollow -Stem Auger, NE = Not Encountered, "A" Line = Multi -use Trail Centerline. The borings were drilled using a track -mounted drill rig equipped with 8-inch diameter hollow - stem auger. Subsurface soils and conditions were logged and samples of soils were collected for laboratory testing. Bulk samples were collected from selected borings. Smaller disturbed and relatively undisturbed soil samples were collected from soil borings generally at 2.5 or 5-foot intervals using the Standard Penetration Test (SPT) sampler or the Modified California Drive (MCD) sampler. The SPT sampler is unlined and has an inside diameter of 1.4 inches and the MCD sampler is lined with a series of 1-inch tall brass rings with an inside diameter of 2.4 inches. Blowcounts from the SPT and MCD samplers were recorded during the exploration. The samplers were driven using a 140-lb hammer falling 30 inches down a total depth of 18 inches or until refusal, whichever occurs first. The drill rig was equipped with an auto -trip safety hammer with a rated efficiency of 81 % (hammer efficiency provided by the drilling contractor). The blowcounts for the last 12 inches or less of penetration were recorded and are shown on the LOTB sheets included in Appendix A. Earth Mechanics, Inc. Gegtecnnicai 6 Earinquake Enp,neenng fit_ A- k1p . r: �. W,, Approximate Boring Location Earth Mechanics, Inc. Santa Gertrudis Creek — Phase 11 BORING LOCATION MAP All Geotechnical and Earthquake Engineering Project No. 20-130 Date: Dec 2020 Figure 2 G 3.3 Laboratory Testing Program Selected soil samples were tested to determine soil classification and physical and engineering properties. A list of tests performed, the corresponding test methods, and purpose of testing is presented in Table 3. The laboratory soil tests were conducted in general accordance with California Test (CT) methods or American Society for Testing and Materials (ASTM) standards. The test results are presented in Appendix B. The locations where tests were performed are shown on the LOTB sheets included in Appendix A. Laboratory test results extracted from the DYA report (2005) are also included in Appendix B. Table 3. Explanation of Laboratory Tests Performed Type of Test Applicable Test Method Purpose Dry Density ASTM D 2937 Estimate in -situ soil density Moisture Content ASTM D 2216 Estimate in -situ soil moisture content Sand Equivalent CT 217 Estimate relative proportions of clay -like material in soil Direct Shear ASTM D 3080 Estimate soil strength parameters Soil pH CT 532/643 Determine soil corrosion potential Minimum Resistivity CT 532/643 Sulfate Content CT 417 Chloride Content CT 422 Earth Mechanics, Inc. .11 ITT Gegtecnnicai 6 Earinquake Enp,neenng 6 4.0 SUBSURFACE CONDITIONS 4.1 Soil Stratigraphy The site is underlain predominately by sandy soils: an upper sand layer consisting of clayey sand and silty sand, and a lower sand layer consisting of clayey sand, silty sand and poorly -graded sand. A lean clay layer was encountered below the lower sand layer in one of the deeper soil boring; this lean clay layer may or may not be continuous across the project site. It should be noted that the above soil description is general and is intended to describe the subsurface in very broad terms. The soil description above should not be constructed to mean that the subsurface profile is uniform and that soil is homogeneous within the project area. Details on stratigraphy at each borehole location are provided on the LOTB sheets presented in Appendix A. An idealized soil profile and design strength parameters for geotechnical analyses and foundation design were developed using the subsurface information obtained from the recent borings. The shear strength parameters were estimated using laboratory test data and correlations with field blowcounts (Lam and Martin, 1986). The lean clay layer below the lower sand layer was omitted from the idealized soil profile because this soil layer was encountered only in one boring at a relatively deep depth that will not impact foundation design. Table 4. Idealized Soil Profile and Strength Parameters Range of Total Approximate Measured Friction Unit Elevation Predominant Soil Type SPT Angle Cohesion (psf) Weight (feet) Blowcount (degrees) (pc (Blows/ft) Exist. Ground 9 to 28 Surface to Clayey Sand & Silty Sand 31 125 120 +1055 Average = 17 +1055 to +1027 Clayey Sand, Silty Sand 13 to 36 34 100 120 & Poorly Graded Sand Average =21 It should be noted that the idealized soil profile and shear strength parameters in Table 4 were developed primarily for the design of retaining wall foundations addressed in this report. Direct application of the same idealized profile and shear strength parameters for other structural and non-structural elements in design and construction not specifically addressed in details in this report are likely to be invalid. This is because selecting an idealized profile and shear strength parameters, to some extent, is influenced by the preferred design methodologies associated with wall foundations. The same is true for the laboratory test results: the type and distribution of testing were tailored to wall foundation design. Selective usage of one or multiple sets of test results for other structural and non-structural elements in design and construction not specifically addressed in details in this report will likely provide an erroneous interpretation of onsite soil properties. For design and construction elements not specifically addressed herein, we recommend supplemental field exploration and laboratory tests be performed to establish suitable and representative geotechnical design data for the specific design element. Earth Mechanics, Inc. W ITT Gegtecnnicai 6 Earinquake Eng,neenng 4.2 Groundwater Groundwater was encountered near elevations +1,032 feet (approximately 45 feet below the approach to Abutment 1 of the Margarita Road UC) during field investigation in November 2020. However, the site is located immediately adjacent to the Santa Gertrudis Creek and groundwater depth will be very sensitive to the groundwater conditions inside and outside the creek. Groundwater depth affects liquefaction assessment and foundation design. Caltrans Geotechnical Manual on Liquefaction Evaluation (Caltrans, 2020b) advises to use groundwater depth measured during field investigation (for final design), and caution the use of a shallower groundwater depth unless "there is clear evidence for seasonal or long-term fluctuations". Based on the above data, a design groundwater table was placed at an elevation of +1,032 feet for geotechnical analysis and foundation design. In addition to the groundwater conditions inside and outside the creek, it should be noted that the groundwater elevation is subject to seasonal rainfall fluctuation and runoff amount, local irrigation practices, extraction and recharge of local and regional aquifers, and other manmade conditions. Therefore, the groundwater elevation during construction can be different from the design groundwater elevation provided above. Earth Mechanics, Inc. Gegtecnnicai 6 Earinquake Enp,nee-9 8 5.0 SITE -SEISMICITY AND ANALYSES 5.1 Seismic Design The design Peak Ground Acceleration (PGA) for the project site was determined using the Caltrans ARS Online V3.0.2 (2020a) following the procedures described in Caltrans Seismic Design Criteria Version 2.0 (SDC 2.0) (2019b) and October 2019 Interim Revisions to SDC 2.0 (2019a), and the small -strain shear wave velocity for the upper 100 feet (Vs30). This Vs30 was estimated from the information presented in the LOTB sheets included in Appendix A and the SPT correlations provided in the Methodology for Developing Design Response Spectrum for Use in Seismic Design Recommendations (Caltrans, 2012a). The key parameters for determining the design PGA are listed in Table 5. The calculated design magnitude (M) is 6.88 and the PGA is 0.55g. Table 5. Key Parameters for Determining PGA Site Coordinates Latitude = 33.533075 degrees Longitude =-117.152799 degrees Shear Wave Velocity, Vs30 951 feet/sec (290 m/sec) 5.2 Liquefaction Potential and Seismically -Induced Settlement The liquefaction analysis was performed using the site -specific soil borings and the design groundwater elevations provided in Section 4.2. The liquefaction potential of saturated, coarse - grained materials below the design groundwater table was evaluated using the SPT data with the procedures outlined by Youd et al. (2001). Results of the analysis indicate that localized liquefiable layers were encountered in Borings B-3 and B-5 between elevations +1,032 and +1,027 feet (about 45 to 50 feet below the approach to Abutment 1 of the Margarita Road UC). The resulting liquefaction induced settlement was estimated using the SPT blowcounts recorded in borings with the empirical method outlined by Tokimatsu and Seed (1987). Based on the calculation, a liquefaction -induced settlement of about an inch was obtained at the wall location. At this magnitude, the worst -case scenario is some tilting of the wall may occur and no collapse is anticipated. 5.3 Seismic Slope Instability Since shallow liquefaction will not occur, lateral spreading is not considered a design issue. Results of the pseudo -static slope stability analysis are presented in Sections 8.3. 5.4 Ground Rupture No major faults traverse through the project site. The California Division of Mines and Geology has not identified Alquist-Priolo Fault Zones through the site. Therefore, the risk of ground surface rupture and related hazards at the project site are expected to be low. According to Caltrans Memo To Designers 20-10 (Caltrans, 2013), since the project site does not fall within an Alquist-Priolo Earthquakes Fault Zone or within 1,000 feet of an unzoned fault that is Holocene or younger in age, further fault studies will not be needed. Earth Mechanics, Inc. Gegtecnnicai 6 Earinquake Enp,neenng W 6.0 SCOUR EVALUATION The proposed retaining walls do not cross a channel or basin that conveys water. The channel slope adjacent to the trail at the Type-5 wall location will be concrete lined and the GAW is set- back away from the creek and separated by the new trail; therefore, scour potential is not considered a wall foundation design issue. 7.0 CORROSION EVALUATION Representative soil samples were tested to determine corrosivity including minimum resistivity, pH, soluble sulfate content, and soluble chloride content. Four soil samples were tested for corrosivity and the results are summarized in Table 6. Table 6. Soil Corrosion Test Results Boring Sample Sample Minimum Chloride Sulfate No. No. Depth USCS Soil Type Resistivity pH Content Content (feet) (ohm-em) (ppm) (ppm) B-1 B-0 0-5 Clayey Sand (SC) 2,800 8.4 259 248 B-1 S-5 15 Sandy Lean Clay (CL) 990 8.2 382 537 B-3 B-0 0-5 Clayey Sand (SC) 1,200 8.5 347 143 B-4 S-2 7.5 Silty Sand (SM) 1 2,400 1 8.7 1 299 1 288 According to Caltrans Corrosion Guidelines V3.0 (Caltrans, 2018c), soils are considered corrosive if the pH is 5.5 or less, or chloride concentration is 500 parts per million (ppm) or greater, or sulfate concentration is 1,500 ppm or greater. Based on the above corrosion test results and the Caltrans criteria, the on -site soils are classified to be non -corrosive to concrete and bare metals. Earth Mechanics, Inc. Gegtecnnicai 6 Earinquake Enp,neenng 10 8.0 GEOTECHNICAL RECOMMENDATIONS As mentioned in Section 2.0, a ground anchor wall will be constructed to retain the Abutment-1 end slope of the existing Margarita Road Undercrossing. A Type-5 wall is also proposed to retain the trail above the channel slope of the Santa Gertrudis Creek. 8.1 Ground Anchor Wall Design of the ground anchor wall and the design lateral earth pressures should follow Caltrans Memo To Designers (MTD) 5-12 (Caltrans, 2012b). A ground anchor is comprised of an unbonded length and a bonded length. The unbonded length (or "free length") of the anchor is that portion which is not grouted; while the bonded length is that portion which is grouted to provide the pull-out resistance through friction between the soil -and -concrete interface. Recommendations for the ground anchor wall are provided below. 8.1.1 Lateral Earth Pressures The static earth pressure in Figure 3 includes a load factor equal to 1.5 per MTD 5-12 (Caltrans, 2012b). Load factor of 1.0 was included in the incremental seismic earth pressure shown in Figure 3. Existing abutment piles surcharge is included in Figure 3 and was determined using the method described in MTD 5-12 (Caltrans, 2012b). The total lateral pile demand (PA) should be calculated by the wall designers using the soil parameters provided below. If abutment walls are free to move laterally at the top, a static active lateral earth pressure of 36 psf per foot of depth is recommended for a free draining, level and compacted backfill. If lateral movement at the top of abutment walls is restrained, the lateral earth pressure for a free draining, level and compacted backfill should follow Section 5.5.5.11 of the Caltrans Bridge Design Specification (Caltrans, 2004). For this condition, we recommend a coefficient of active lateral earth pressure of 0.3, a coefficient of at -rest lateral earth pressure of 0.47, and a soil unit weight of 120 pcf. A uniform lateral pressure due to traffic loading, equivalent to a vertical pressure produced by at least 2 feet of earth with a soil unit weight of 120 pcf, should be added to the above lateral earth pressure. Therefore, for abutment walls that are free to move laterally at the top, the recommended uniform lateral earth pressure is 72 psf; for abutment walls where lateral movement at the top of the abutment walls is restrained, the recommended uniform lateral earth pressure is 113 psf. For abutment walls that are free to move laterally at the top, the seismic incremental earth pressure should be modeled as a triangle with an equivalent fluid pressure of 25 pcf. For abutment walls where lateral movement at the top of the abutment walls is restrained, the seismic incremental earth pressure should be modeled as a triangle with an equivalent fluid pressure of 35 pcf. According to the wall designer, the existing abutment wall can translate horizontally due to temperature changes. When the abutment wall moves, the existing piles supporting the abutment will also move and will exert pressure on the soil in front, and eventually this pressure will propagate onto the GAW. Earth Mechanics, Inc. Gegtecnnicai 6 Earinquake Enp,neenng FINISH[ GRADE (BRIDGE) ABUTMENT PA ------------ EXISTING PILE ------ �'� T, GROUND ANCHORS ROADWAY (a) Static Earth Pressure (psf) (a-1) (a-2) Wall with Multiple Wall with Single Levels of Anchors Level of Anchors 3H1 3H1 Pa 3(� in 2 3Hn+1 ------ ----- -------------------- �UNBONDED LENGTH BONDED LENGTH 43 H 2 1 a= H_3H1_1 3Hn+1 (For Multiple Levels of Anchors) pa = 65H H15 3H for Single Level of Anchors (b) Abutment Piles Horizontal Load Surcharge (psf) 2c (c) Incremental Seismic Earth Pressure (psf) 37H2 APa = H c = Distance between anchored wall and abutment pile (feet) PA = Total Lateral Pile Demand: Static plus Traffic surcharge and incremental Seismic lateral load demand when applicable (pound per unit length); Geotechnical parameters to determine PA are presented in Section 8.1. Earth Mechanics, Inc. SANTA GERTRUDIS CREEK TRAIL Lateral Earth Pressures Against Ground Anchor Wall Geotechnical and Earthquake Engineering Project No. 20-130 Date: December 2020 Figure 3 12 The wall designer estimates that the existing abutment can move as much as 1 inch. We estimate a pile -head shear force of 40 kips per pile for an inch of pile -top deflection, and linear interpolation can be used to determine the pile -head shear forces for movements between zero and 1 inch. The above pile -head shear force, expressed as a surcharge pressure, can be distributed in the same manner as shown in Figure 3b and for this case only, PA is the above described pile -head shear force. 8.1.2 Unbonded Length The unbonded length should fall outside the critical failure plane. This failure plane extends from the bottom of the wall clockwise at an angle of 44 degrees measured from the vertical. The unbonded length should be the largest of the following: (1) a minimum distance of H/5 (H is the wall height), or (2) 5 feet behind the above critical failure surface, or (3) a minimum distance of 5 feet behind the abutment piles, or (4) a minimum distance of 15 feet. 8.1.3 Bonded Length As shown in Section 11.9.4.2 of the AASHTO LRFD Bridge Design Specifications (AASHTO, 2017), the nominal anchor pullout resistance is determined by multiplying the bonded surface area by an ultimate unit bond stress. The factored pullout resistance is computed by multiplying the nominal anchor pullout resistance by a resistance factor presented in AASHTO Table 11.5.7- 1 [Modified in Caltrans amendments to AASHTO 2017 (2019c)]. Based on the information provided in AASHTO (2017), an ultimate unit bond stress of 30 psi is recommended for pressure grouted anchors. The contractor is responsible for determining the bonded length of the ground anchors; however, the bonded length of the anchors should not be less than 15 feet. Additionally, a minimum overburden of 15 feet over the center of the anchor bond zone is required per AASHTO (2017). 8.1.4 Bearing Capacity and Wall Friction Bearing capacity of the wall base was calculated using a minimum embedment depth and wall width of 1.83 feet and 1.5 feet, respectively. The calculated bearing capacity values and recommended wall/soil coefficient of friction values are presented in Table 7. It should be noted that the frictional coefficients are applicable only when the shotcrete is in full contact with the soil; these frictional coefficients are not applicable for shotcrete in full contact with drainage panels. Table 7. Bearing Capacity and Wall Friction, Ground Anchor Wall Service Permissible Strength Factored Gross Extreme Event Permanent Condition Temporary Condition Factored Net Contact Nominal Bearing Gross Nominal Coefficient of Coefficient of Stress Resistance Bearing Stress Friction Between Friction Between (Settlement) = 0.45 =1.00 Shotcrete and Soil Shotcrete and Soil ks ks ks Behind the Wall Behind the Wall 2.0 2.6 5.7 0.3 0.35 Earth Mechanics, Inc. Gegtecnnicai 6 Earinquake Eng,neenng 13 8.2 Caltrans Standard Plans Type-5 Wall The pertinent foundation design data for the Type-5 wall are presented in Table 8. Table 8. Pertinent Design Data, Type-5 Wall Wall Backfill Ground Height Fall Length Bottom of Footing Sloe Condition (feet) (feet) Elevation (feet) Condition in Front of Wall 6 48 +1064.50, +1062.67 Level (Case 1) 1.5H:1V Sloping Down 8 24 +1060.60 10 120 +1058.47 8 48 +1058.47 6 120 +1058.47 8 48 +1058.47 10 72 +1059.40 8 48 +1060.60 6 40 +1063.78 8.2.1 Bearing Capacity and Settlement The foundation bearing stresses for Strength Limit State, Extreme Event Limit State, and Service Limit State are presented in the Caltrans Standard Plans (Caltrans, 2018b) Sheet 1334A for Type-5 (Case 1) walls. Settlement and soil bearing capacity calculations were performed using the minimum overexcavation depth presented in the next section. Based on the analysis, the Caltrans Standard Plans (Caltrans, 2018b) design is suitable for this retaining wall. 8.2.2 Overexcavation Recommendations Based on the subsurface information collected from the recent site -specific soil borings, overexcavation recommendations are given in Table 9. Table 9. Minimum Overexcavation Depth, Type-5 Wall Wall Design Height (ft) Minimum Overexcavation Depth Below Footing Bottom (ft) 6 1.0 8 1.5 10 2.0 The horizontal limits of the overexcavation should begin 1 foot from the edge of the footing bottom, and extending downward at a 45-degree imaginary plane until the plane intersects the recommended minimum overexcavation depth. If the 45-degree imaginary plane intersects any Earth Mechanics, Inc. W ITT Gegtecnnicai 6 Earinquake Enp,neenng 14 temporary shoring, then this imaginary plane will continue downward along the shoring until the plane intersects the recommended minimum overexcavation depth. Caltrans Structure Backfill should be used for backfilling with a minimum relative compaction of 95% of maximum density as determined by Caltrans Test Method 216. The overexcavation bottom should be proof rolled prior to backfilling. Further, the overexcavation bottom should be inspected by a qualified geotechnical engineer or technician to confirm the presence of an unyielding and competent subgrade. 8.2.3 Lateral Resistance Resistance to lateral loads may be developed by a combination of friction at the base of the retaining wall footing and passive earth pressure acting on the vertical face of the wall and wall footing. Since overexcavation and replacement with compacted Caltrans Structure Backfill were recommended for the footing, we recommend a frictional coefficient of 0.5 and an equivalent passive fluid pressure of 165 pcf. Resistance factors conforming to Section 11 of the California Amendments to AASHTO LRFD (Caltrans, 2019c) should be applied to the frictional and passive resistances. The recommended soil passive resistance (as well as the soil bearing capacity) requires a minimum footing embedment of 3 feet measured from the nearest lowest adjacent grade to the footing bottom for footings constructed on a flat ground. For footings constructed on slopes, the minimum footing embedment is 3 feet measured from the nearest lowest adjacent grade to the footing bottom and the minimum horizontal offset is 4 feet measured at the top of footing to the slope face. 8.3 Global Stability Global stability analyses were conducted for both static and pseudo -static conditions. The analysis was performed using the computer program SLIDE 2018 (Rocscience, 2018). The following cross -sections were analyzed: (1) at the maximum design height for the Type-5 wall, (2) at the maximum design height for the GAW, and (3) for a potential sliding surface passing below both the GAW and Type-5 wall. The static condition included a 2-foot soil surcharge to represent traffic loading. In accordance with Caltrans guidelines (2014), stability analysis for the seismic condition was performed using the pseudo -static approach with a seismic coefficient of 0.183, which is equal to one-third the peak horizontal acceleration of 0.559. According to the results of the analyses, the proposed walls meet the minimum required factor - of -safety for deep-seated failure of 1.5 for the static condition and 1.1 for the pseudo -static condition per Caltrans guidelines (2014). Earth Mechanics, Inc. Gegtecnnicai 6 Earinquake Enp,neenng 15 9.0 CONSTRUCTION CONSIDERATIONS 9.1 Earthwork Earthwork should be performed in accordance with Section 19 of the Caltrans Standard Specifications (2018a). Appropriate measures should be taken to prevent damage to adjacent existing structures and utilities. All overexcavations should be observed by qualified geotechnical personnel to verify that firm and unyielding bottoms are exposed. Overexcavated areas should be cleaned of loose soils and debris and should be observed to be firm and unyielding before receiving fill. Qualified geotechnical personnel should monitor earthwork operations on a full-time basis. Any compacted fill placed in association with the construction of the retaining walls should be observed, monitored, and tested by qualified geotechnical personnel during construction. Field and laboratory tests should be conducted in accordance with California Test methods or ASTM Standards. 9.2 Temporary Excavation Design of temporary construction slopes and shoring is the contractor's responsibility during construction. Heavy construction equipment should not be used immediately adjacent to shoring due to large lateral pressures induced by such equipment unless the shoring is designed to accommodate resulting pressures. Excavated soil or construction materials should not be stockpiled adjacent to shoring or open excavations. Stockpiled soil and construction materials should be set back a distance at least equal to the height of the excavation. It should be noted that it is the responsibility of the contractor to oversee the safety of the workers in the field during construction. The contractor shall conform to all applicable occupational safety and health standards, rules, regulations, and orders established by the State of California. If a trench shoring design and safety plan is required, the geotechnical consultant should review the plan to confirm that recommendations presented in this report have been applied to the design. The contractor is responsible for evaluating the ease/difficulty of installing and extracting structural elements for temporary shoring walls in contact with the ground. 9.3 Groundwater Control Groundwater was encountered near elevations +1,032 feet (approximately 45 feet below the approach to Abutment 1 of the Margarita Road UC) during field investigation in November 2020. It should also be noted that groundwater encountered during construction may be higher or lower than the elevation encountered during the recent field investigation because the site is immediately adjacent to the Santa Gertrudis Creek. Groundwater elevation can also vary due to seasonal rainfall fluctuation and runoff amount, local irrigation practices, extraction and recharge of local and regional aquifers, and other man-made conditions. Groundwater encountered during footing construction should be controlled in accordance with Section 19-3.03B(5) of the Caltrans Standard Specifications (2018a). Any seepage or groundwater removed from an excavation should be tested and disposed of in compliance with all applicable local, state and federal requirements. Earth Mechanics, Inc. Gegtecnnicai 6 Earinquake Enp,neenng 16 It shall be made the contractor's responsibility to control subsurface and surface water. The contractor should dewater the site as necessary, if groundwater is encountered. Contractor should also be cognizant that any dewatering activities could induce ground subsidence which affects adjacent surface and subsurface structures and utilities. Water should not be allowed to stand in any excavations. If excavations become flooded, at -least the bottom 8 inches of soil should be removed and replaced, and re -compacted to a minimum 90 percent relative compaction. Additional removals may be required at the discretion of the resident engineer or geotechnical personnel. 9.4 Ground Anchor Wall Construction To maintain stability of the existing abutment foundation, the ground anchor wall should be constructed in segments (slot cuts) to minimize the length of temporary excavations. EMI recommends that the maximum length of ground anchor wall, constructed at any given time, not exceed one -fifth of the length of the existing abutment foundation. It is likely, even with the provision of slot -cutting, that caving or sloughing will occur in these sandy soils during excavation. The contractor should expect a short stand up time at the exposed excavated face. Running of the coarse -grained materials can be controlled using soil stabilizing methods such as chemical grouting. The conditions described above should be considered by the contractor when bidding and selecting equipment and methods for construction. We also recommend that a monitoring program be implemented during construction to monitor movement of the abutment. If the measured movement is 1/4 inch or more, construction should be stopped immediately and measures to mitigate the movement should be implemented. A monitoring plan and a mitigation plan should be prepared by the contractor and submitted to the Resident Engineer for review. "Wall Zones" are defined as segments of a wall that have different subsurface stratigraphy. Wall Zones are used in Stability Test, and stability tests for temporary excavations during wall construction should be performed in accordance with Section 19-3.011)(2) of the Caltrans Standard Specification (Caltrans, 2018a). Based on the information collected from the exploratory boreholes and the length of the proposed walls, one wall zone is recommended for the proposed ground anchor wall. Also, at -least two stability tests should be performed in the field during the wall excavations. Locations of the stability tests should be reviewed by the Resident Engineer or qualified geotechnical personnel prior to the start of the test excavations. Ground anchors should be constructed and proof -tested in the field in accordance with Caltrans procedures and specifications. Diameter of the drilled hole for anchor installation is typically 6 to 8 inches. The angle of inclination of the anchors should be 10 to 15 degrees to facilitate tendon installation and grouting. Ground anchors should not be spaced closer than five diameters of the bonded zone or 5 feet, whichever is greater. Controlling surface water and groundwater is important for minimizing the amount of water entering the soils and accumulating behind the back of the walls. EMI recommends constructing a gutter or v-ditch at the top and behind the wall and guiding surface water to approved drainage devices. Earth Mechanics, Inc. W ITT Gegtecnnicai 6 Earinquake Enp,neenng 17 A subdrainage system should be installed behind the proposed walls in conjunction with the wall construction. Prefabricated geocomposite drains ("drainage board") connected to gravel galleries or slotted pipes or weepholes should be placed behind the proposed wall. Backdrain pipes or weepholes should outlet water to approved surface drainage collection devices. 9.5 Monitoring Existing Bridge Abutment During Construction We recommend that a monitoring program be implemented during construction to monitor movement of the existing Abutment 1 of the Margarita Road UC. A minimum of three "markers" should be installed on the face of abutment. Movements of these markers will be monitored by surveyors using equipment that has an accuracy of at least 0.01-foot. If the measured vertical or horizontal movement is 1/4 inch or more, construction should be stopped immediately and measures to mitigate the movement should be implemented. A monitoring plan and a mitigation plan should be prepared by the contractor and submitted to the Resident Engineer for review. 9.6 Type-5 Retaining Wall Backfill and Drainage Caltrans Structure Backfill should be used as backfill material behind the Type-5 retaining wall. Backfill should be compacted in accordance with Section 19-5 of the Caltrans Standard Specifications (2018a). Backfill should be placed in loose lifts not exceeding 8 inches in thickness, moisture -conditioned to near optimum moisture content, and compacted to at least 95 percent relative compaction. The relative compaction should be based on the maximum density determined by California Test Method 216. Jetting or flooding to compact backfill is not recommended. Heavy compaction equipment, such as vibratory rollers, dozers, or loaders, should not be used adjacent to the walls in order to avoid damaging the wall due to large lateral earth pressures. Backdrains should be installed behind the wall to relieve hydrostatic pressure. Backdrains should be constructed in accordance with Bridge Detail 3-1 on Sheet 130-3 per Caltrans Standard Plans (2018b) or the geocomposite drain alternative per Section 6 of the Caltrans Bridge Design Details (1992). 9.7 Review of Construction Plans Recommendations contained herein are based on the preliminary Structure Plans and design information provided by the wall designers. Recommendations presented in this report may require modification or additional recommendations may be necessary based on the final design. 9.8 Geotechnical Observation and Testing Qualified geotechnical personnel should perform inspections and testing during the following stages of construction: • Grading operations, including temporary and permanent excavations. • Ground anchor installation and testing. • Placement of structure backfill behind retaining wall. • Backdrain installation at retaining wall. Earth Mechanics, Inc. Geotechnical 6 Earinquake Enp,neenng 18 • Preparation of foundation subgrades. • Shoring installation, if necessary. • Footing excavations. • Removal or installation of support of buried utilities or structures. • When any unusual subsurface conditions are encountered. Earth Mechanics, Inc. . Gegtecnnicai 6 Earinquake Eng,nee-9 19 10.0 LIMITATIONS This report is intended for use by EXP and the City of Temecula for the Santa Gertrudis Creek Phase -II project. This report is based on the project as described herein and the information obtained from the exploratory borings at the approximate locations shown in Figure 2 and LOTB sheets. The findings and recommendations contained in this report are based on the results of the field investigation, laboratory tests, and engineering analyses. Also, soils and subsurface conditions encountered in the exploratory borings are presumed to be representative of the project site; however, subsurface conditions and characteristics of soils between exploratory borings can vary. Findings reflect an interpretation of the direct evidence obtained. Recommendations presented herein are based on the assumption that an appropriate level of quality control and quality assurance (inspections and tests) will be provided during construction. EMI has no responsibility for errors and incompleteness of available design drawings and assumptions made by EMI due to these errors and incomplete information. EMI should be notified of any pertinent changes in the project plans or if subsurface conditions are found to vary from those described herein. Modifications to the project plans or variations in subsurface conditions may require re-evaluation of the recommendations contained in this report. The data, opinions, and recommendations contained in this report are applicable to the specific design element(s) and location(s) which is (are) the subject of this report. They have no applicability to any other design elements or to any other locations, and any and all subsequent users accept any and all liability resulting from any use or reuse of the data, opinions, and recommendations without the prior written consent of EMI. EMI has no responsibility for construction means, methods, techniques, sequences, or procedures, or for safety precautions or programs in connection with the construction, for the acts or omissions of the CONTRACTOR, or any other person performing any of the construction, or for the failure of any worker to carry out the construction in accordance with the Final Construction Drawings and Specifications. Services performed by EMI have been conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representation, expressed or implied, and no warranty or guarantee is included or intended. Earth Mechanics, Inc. Gegtecnnicai 6 Earinquake Enp,nee-9 20 11.0 REFERENCES American Association of State Highway and Transportation Officials (AASHTO), 2017, AASHTO LRFD Bridge Design Specification, 8th Edition. Washington, DC: AASHTO. American Society for Testing and Materials (ASTM), 2017, Annual Book of Standards. Soil and Rock; Vol. 04.08. California Department of Transportation (Caltrans), California Test Methods, various dates. 2020a, ARS Online Web Tool V3.0.2, https://arsonline.dot.ca.gov/. 2020b, Geotechnical Manual — Liquefaction Evaluation, January. 2019a, October 2019 Interim Revisions to Seismic Design Criteria Version 2.0, October. 2019b, Seismic Design Criteria, Version 2.0, April. 2019c, California Amendments to AASHTO LRFD Bridge Design Specifications — Eighth Edition, April. 2018a, Standard Specifications. 2018b, Standard Plans. 2018c, Corrosion Guidelines, Version 3.0, July. 2014, Geotechnical Manual — Embankments, December. 2013, Memo To Designers 20-10, January. 2012a, Methodology for Developing Design Response Spectrum for Use in Seismic Design Recommendations, November. 2012b, Memo To Designers 5-12, July. 2004, Bridge Design Specifications, August. 1992, Bridge Design Details, Section 6, November. Diaz Yourman & Associates (DYA), 2005, Draft Report-Geotechnical Investigation Margarita Road Bike Trail Undercrossing, Temecula, California, Project No. 2005-003, May 31. Lam, I.P., and Martin, G.R., 1986, Seismic Design of Highway Bridge Foundations, Volume 2, Design Procedures and Guidelines, FHWA Report No. FHWA/RD-86/102. Rocscience, 2018, Slide 2018, 2D Limit Equilibrium Slope Stability Program, Toronto, Canada. Earth Mechanics, Inc. W ITT Geotechnical 6 Earinquake Enp,nee-9 21 Tokimatsu, A.M., and Seed, H.B., 1987, Evaluation of Settlements in Sands Due to Earthquake Shaking, ASCE Journal of Geotechnical Engineering, Vol. 113, No. 8, August. Youd, T.L. et al., 2001, Liquefaction Resistance of Soils: Summary Report from the 1996 NCEER and 1998 NCEER/NSF Workshops on Evaluation of Liquefaction Resistance of Soils, Journal of Geotechnical and Geoenvironmental Engineering, ASCE, Vol. 127, No. 10, October. Earth Mechanics, Inc. Geotechnical 6 Earinquake Enp,nee-9 APPENDIX A LOG -OF -TEST -BORINGS SHEETS NOTES: (1) This LOTB sheet (Boring Record) was prepared in accordance with Caltrans Soil and Rock Logging, Classification and Presentation Manual (2010). (2) 1.4'' samples were taken using a Standard Penetration Sampler and 2.4" samples were taken using a California Modified Sampler. (3) An automatic trip hammer system consisting of a hammer weight of 140 Ibs falling a distance of 30'' drop was used to advance samplers. (4) For Soil Legend, see 9 and e of the Caltrans Standard Plans. 1080 1070 El. + 1060 �1050 1 040 a w w 19016110 1020 • • ••• B-1 OM UW OM UW Terminated at El. +1028.5 ft Drilled on 11/5/2020 Hammer Energy Ratio (ERi=81% Groundwater not encountered UNDERGROUND SERVICE ALERT CALL TOLL FREE 1-800-422-4133 TWO WORKING DAYS BEFORE YOU DIG COABIRd6710N &-val D4l 1a*_t_ Dots Completed 0 SANTA GERTRUDIS CREEK l BEGIN + 00 �p �P Type-5 LINE ''A'' Cw o Ground Anchor Wall 11+00 L,2+00 13+00 x� 14+00 1 1 r B-2 B-5B-1 ® NSTA 1+8 TTA 10+00 12.00 RA 13+99.53 12.0RT 1+29.53 B-4 �31/V1I111111111111 x�0 � 7 Aspphalt concrete iz4 ); Aggregate base CLAYEY SAND (SC); dark grayish brown to dark olive brown; moist; trace coarse to fine GRAVEL; max. 1 in. dia.; mostly fine to coarse SAND; little low plasticity fines. Medium dense. Dark grayish brown; some medium plasticity fines. Fine to medium SAND. Max 3/8 in. dia. SANDY lean CLAY CL ; very stiff, dark grayish brown to dark olive brown; moist; some fine to coarse SAND; mostly medium plasticity fines. Poorly -graded SAND with SILT SP-SM ; dense; dark grayish brown; moist; trace fine GRAVEL; max. 1/4 in. dia.; mostly fine to coarse SAND; few nonplastic fines. Medium dense; li ht rayish brown. Lean CLAY CL ; stiff; dark gray; moist; few fine SAND; mostly medium plasticity fines; PP=1.0 tsf. SILTY SAND SM ; medium dense; dark gray; moist; mostly fine SAND; little nonplastic fines. Very dense; olive gray to olive brown; fine to medium SAND. Hole ID Alignment Name Station and Offset B-1 ''A'' Line 10+21 4.6 Rt B-2 ''A'' Line 11+38 24.2 Rt B-3 ''A'' Line 12+42 42.7 Rt REWSM ACCD I DATE BENCH MWK All coordinates are based on the California State Plane Coordinate SystemNAD-83 California zone VI epock 2017.5 North 28°57'23.8" East 31,286.305' PI A AI B-2 Asphalt Concrete z4 ; Aggregate Base (- 5 ). O UW SILTY SAND SM ; olive brown; moist; trace fine GRAVEL; 1/4 in. dia.; O UW max. mostly fine to coarse SAND; little nonplastic fines. Very dense; olive brown to light brown; M O encountered Poorly -graded SAND with SILT (SP-SM) at top of the sampler. Dense. O UW CLAYEY SAND (SC); dense; olive brown to light brown; moist; mostly fine to medium SAND; little low plasticity fines. Medium dense; dark gray to dark grayish brown; fine SAND; some medium plasticity OM UW fines. Dense; dark grayish brown; fine to medium SAND. Poorly -graded SAND SP ; medium dense; IVJL TT Lin rown; moist; mostly fine to G 6/2020 2 2.4 OM UW SANDg trace nonplastic fines. medium SAND. Terminated at EI. +1030.5 ftND SM ; dense; grayish brown; Drilled on 11/6/2020 ostly fine SAND; little Hammer Energy Ratio (ERi=81%ic fines. raded SAND SP ; dense; light light brown; moist; mostly fine um SAND; trace non lastic fines. Lean CLAY CL ° very stiff; grayish brown; moist; little fine SAND; mostly medium plasticity fines. ,LTS1!dill SGCE .SEAL: __ 0-ow By 1 NgfC wecked y Vp FESSPRAOAVAN DGBTCRAIRAJF ILwWdK Plana Repaed Under Rpeniaien Of - �V XE 020 E.G. 9-3 - 21 t Dote s `�OF CPIVV� R.C.E. No. B-3 y El. +1077.0 ft173-11 CR As halt Concrete z6 ; Aggregate Base (=' ). 111.4 M UW CLAYEY SAND SC dark olive brown; 322.4 DS O UW moist; mostly fine to medium SAND; some medium plasticity fines. F241_1 A.,2. SILTY SAND SM medium dense; dark grayish brown' moist; mostly fine to 312.4 OM UW medium SAND; some nonplastic fines. Dark brown; trace fine GRAVEL; max. 1/4 in. dia.; fine to coarse SAND. 141.4 OM CLAYEY SAND SC ; dense; dark brown to O OO dark grayish brown; moist; mostly fine to 5 .4 2DS UW medium SAND; some low plasticity fines. Medium dense; dark olive brown. Dark grayish brown to reddish gray= trace 221.4 fine GRAVEL; max. 3/8 in. dia.; medium plasticity fines 79F 2.4 OM UW Dense; dark grayish brown to dark olive brown; low to medium plasticity fines. Medium dense. 241.4 Poorly -graded SAND SP ; dense; light brown; moist; mostly fine to medium SAND; +1031 ft 2 2.4 M UW trace nonplastic fines. 020 O O Light brown to yellowish brown; trace fine GRAVEL; max. 1/4 in. dia.; fine to 2 1.4 coarse SAND. Poorly -graded SAND with SILT SP-SM ; _Terminated at El. +1025.5 ft medium dense; light brown; wet; trace Drilled on 11/6/2020 fine GRAVEL; max. 1/4 in. dia.; mostly Hammer Energy Ratio (ERi=81%) fine to coarse SAND; few nonplastic fines. Poorly -graded SAND SP ; medium dense; olive brown; wet; trace fine GRAVEL; max. 1/4 in. dia.; mostly fine to coarse SAND; trace nonplastic fines. RECOMMENDED BY D47E_ ACCEPTED BY 047E.- PAMCK 7VAK PE 00MO IP OF PUBLC WOM 00MEER R.C.E. Ab. 44223 C/TY OF TEMEC(1LA 1080 1070 1060 1050 1040 1030 1020 1010 1000 P64f9--M B111WIA SAND SAFETY APPROVED DEPARTMENT OF PUBLIC WORKS ONLY DMwin9 N0. SANTA GERTRUDIS CREEK TRAIL MARGARITA RD UNDER -CROSSING LOG OF TEST BORING 1 OF 3 ShwL_af NOTES: (1) This LOTB sheet (Boring Record) was prepared in accordance with Caltrans Soil and Rock Logging, Classification and Presentation Manual (2010). (2) 1.4'' samples were taken using a Standard Penetration Sampler and 2.4" samples were taken using a California Modified Sampler. (3) An automatic trip hammer system consisting of a hammer weight of 140 Ibs falling a distance of 30'' drop was used to advance samplers. (4) For Soil Legend, see 9 and e of the Caltrans Standard Plans. 1080 1070 1060 1050 z 1 040 LU LU 1030 1020 1010 1000 UNDERGROUND SERVICE ALERT CALL TOLL FREE 1-800-422-4133 *4V0 WORKING DAYS BEFORE YOU DIG CONSIRLKIIOW RECOIV VAI 1n*_tor Dots Completed 0 SANTA GERTRUDIS CREEK l BEGIN + 00 �p �P Type-5 LINE ''A'' Cw o Ground Anchor Wall 11+00 L,2+00 13+00 x� 14+00 1 1 B-2 B-5B-1 ® NSTA 1+8 TTA 10+00 12.00 RA 13+99.53 12.0RT 1+29.53 B-4 �31/V1I111111111111 x�0 � 7 zw B-4 +1075.0 ft 8 SE CLAYEY SAND SC dark olive brown; moist; trace fine to coarse GRAVEL; max. 422 4 M UW 1 in. dia.; mostly fine to coarse SAND; 111.4 some low plasticity fines. Medium dense; dark grayish brown; max CR 22 2.4 O Max in. dia. M UW Max. 3/8 in. dia.; fine to medium SAND; low to medium plasticity fines. 191.4 Low plasticity fines. 40 2.4 O UW Dense; dark grayish brown to dark olive brown; little fine to coarse SAND. 1g1.4 Medium dense; dark gray brown. OM UW Poorly -graded SAND SP ; dense; light qray; moist; mstly fine to medium SAND; Terminated at El. +1043.5 ft trace nonplasotic fines. Drilled on 11 /5/2020 Hammer Energy Ratio (ERi=81%) Groundwater not encountered Hole ID Alignment Name Station and Offset B-4 ''A'' Line 14+04 33.9 Rt B-5 ''A'' Line 15+33 8.7 Rt REWSM AOCD D47E BENCH MW SGCE SEAL: N1�2mH All coordinates are based on v� gfc the California State Plane Coordinate SystemNAD-83 V N0. LE 3123 A California zone VI epock • EXP. -3- 21 t e 2017.5 North 28°57'23.8" W1td rf oar East 31,286.305' 1 = 30' zw B-5 El. +1071.0 ft As halt Concrete =3 ; A re ate Base =6 8 SILTY SAND SM ; olive; moist; trace fine 1 1.4 ,'., to coarse GRAVEL; max. 1 in. dia.; mostly fine to medium SAND; some nonplastic fines. 3 2.4 DS O UW=SAND, D (SC); medium dense; dark 1 1.4 ; moist; trace fine GRAVEL; 3 2.4 O UW n. dia.; mostly fine to coarse 3 1.4 e low plasticityfines. SILTY SAND SM medium dense; dark olive brown; moist; trace fine GRAVEL; max. 6 2.4 :' O UW 1/4 in. dia.; mostly fine to coarse SAND; little nonplastic fines. 2 1.4 M O CLAYEY SAND (SC); medium dense; dark olive brown; moist; trace fine GRAVEL; max. 1/4 in. dia.; mostly fine to coarse 5 2.4 O UW SAND; little low plasticity fines. Dense; dark grayish brown to dark olive 2 1.4 brown; some medium plasticity fines. Little low plasticity fines. 31.6 ft Ver dense; some medium plasticityfines. /5/2020 3 2.4 '; SILTY SAND SM ; medium dense; dark grayish brown; moist; mostly fine to medium SAND; little nonplastic fines. =2- Ver dense° olive ra to ra ish brown. Poorly -graded SAND SP ° dense; gray to O UW fight gray; moist; mostly fine SAND; trace nonplastic fines. No recovery. Medium dense; light brown; fine to medium Terminated at El. +1019.5 ft SAND. - Drilled on 11/5/2020 Lean CLAY CL ° very stiff; olive brown; Hammer Energy Ratio (ERi=81%) moist; little fine SAND; mostly medium plasticity fines; PP=2.5 tsf. Hard; olive brown to dark olive brown; few fine SAND; PP=4.5 tsf. y 1080 1070 1060 1 050 m r m 1 040 0 z 1030v 1020 1010 1000 PROFILE P64f9--04 ill= 1 o B111WIA SAND SAFETY REVIEWED FOR COMPL6INCE WITH TNLE 24 DIS48LED ACCESSIBILITY ONLY APPROVED BY 0-ow of Dram AN ( ecAed By CITY OF TEMEC(lLA DEPARTMENT OF PUBLIC WORKS Oro.1� P.RAGAVAN P.RAGAVAN A.THURAIRAJAH RECOMMENDED BY AIIE' Plana Prepared Under Sdp rVsi n Of ACCEPTED BYPA� P�4 P.E D47E. SANTA GERTRUDIS CREEK TRAIL Dote DREPWOFPt6X etlRKS�a7yD xap e MARGARITA RD UNDER -CROSSING R.C.E. Ab. 44223 ,,,, R.C.E. No. LOG OF TEST BORING 2 OF 3 SnewL of Nee CONSISTENCY CLASSIFICATION LEGEND FOR EARTH MATERIALS (USCS) TYPE OF BORINGS IN -SITU. LAB & FIELD LEGEND OF BORING OPERATIONS FOR SOILS According to the Standard (ASTM D-1586) BASED ON ASIM 02487. 02488 T�^:1PooR� RA-L NATENIAL L�35AxD -GRADED L�.IS/+ID (sv7 ®cur (GL d a7 ;,; wfLL ORAOEo,ntm (Sw) (ML m Mx) S ONUNO (SM) i ® PENETMRAARO,IE TANY Ro wnSH E=mONC CONE ENEmOMEIER TEST DESIGNATIONS O Atlmbng Gmb Calepx PtlM C CnsdMoxm Dv t Shen1Mmbwo axw 5arqNaeDfl.11SPT®SILT S et ;0; (Vr0 *E= and/m COBBLESAND �BORMO(DRY) r ;o-PEAT o _*v'`nN lev!e Ua.,K1am Rasar ,®MATTER�_.,NSErpmaion enun(500 n )L-GRADED Naex N'S M1r sa0-4 wnN]0 04PenetrationTesl vmY Looa__ CULT SKID (SC) L (Gx)®.IE SI Nu zooM'. M1m Na inaS-10ryRHmdDmae 5-e AVEL (GP) pGODGNEU55ROCK® 1539 CORE egNNC � ' H.^ 91?S� P A e IC or -So Dmae 9-IS wllSLi-L (�) BSfdMF11tMY otrcu 61.1 PmeNpnetm a1MVuy19 Fi"7NyY a -do- • •, , J >50 vrY Denas 10-JO >� VMY �I HaN Sl ffo�x yEx owes, �qc�n [.::7rAE OCRAVEL (CC)OCK H L IUBE �a SP BC �a EWiwlmt O u 1751W 5xOya�i ncanlarmsde motors Tinge (Eva) Brhq Oax I Ilan nklM sae (N� DM TM BeM.q SeNe ma xYardnetm�eb O xytramele, Band sale 0-bd ONE RIEBMNON m#Ia OX rfnuMCRA m4r NOR. 11 O MRaalan or eorU malerida we eaxd m RNa nspalion O SeatD.N.. SAME m N,a ana are canlVmea a ,maaea xiU IPvaatmY last r ft as naeaamy uC UncmfinM Compeaian a-.lui e x mwrama Nu Ka Nmgm1 - n - --- - - -- - - - -- -- -- -.�� SANTA GERTRUOIS CREEK A Jw ap ---------________ / LOL 'A' LIN�_MIT�USE TRAIL ------------------------� _--------- -------- - 5xa ,--�----- - - - - - - - - - - - - - - - - - - - - - - - ,p0 I 121+00 13+00 / 141 00 xn5, 11•w•E 15• - 16-00 F SCALE: 1" = 80 it /y `f 0 40 80ft 110 c 1100 109 It _ _ .. c. ... _ 1090 J J _ o V) + o B- 1 - } 108 .._. _ .. _o _.. ....._................. ..... .... .. .._ oz m .. .. ..................... .... ....... EL. 1078 t-© Inch .... ..... 1080 Doi `, t= SILTY SAND ISM), olive brown, moist, loose, m B - 2 ,, g - 3 20 2. 129 13 fine-grained sand, +race fine gravel, micaceous Z Z O EL. 1070 t © Inch EL. 1071 t © Inch ...................... .... ... O 1070 1 07 .. -ASPHALT- 4 Inches . . - - 14 I. 2 medlLm dense, no gravel - - ASPHALT - 4 Inches _ I 2. I II 9 SILTY GRAVEL with SAND IDM), oflve brown, moist, dense, fine to 14 2. I II IB SILTY GRAVEL with SAND (GM), brown, moist, dense, fine to co0rse ravel, floe- To coarse- rolned band, Base - 6 Inches 1- ~ coarse gravel, fine- to coarse-aralned sand, BASE - 6 Inch 5 2. 3 II Iq IS 2. 2 II 13 32 2. 2 : 127 I SILTY SAND fSMI, olive brown, mist, loose, floe- to coarse-g olned a a SILTY SAND (SM)I olive brown, moist, loose, fine- To coarse-grolned sand, micaceous > 1 06 1 sand, trace fine gravel, micaceous .... ......... 18 I. 4 ".' - - - - 21 2. 3 `' 11 14 - - 24 2. 3 II IS CLAYEY SAND (SC), olive brown, moist, loose, fine- to 1 060 > I fine-grained sand, medhm dense dlum- rolned sand micaceous LL7 LL7 Terminated at El. 1058.5CMYEY SAND (SC), dark fray, moist, mediun dense, fine-gro 2 5 II IS Terminated at E1. 10591 ILTY SAND (SM), olive brown, moist, loose, floe -to coarse-gr s 0 Drilled on 4/8/05 Ined sand Drilled on 4/8/05 w W 105 - - 24 I. 6 -floe- to coarse-grainedsand - 1050 R[ w - , o Ive rows, mo st, 45 2. 71 113 7 medium dense, fine- to coarse -grained sand 104 38 I. 8 -pale olive, dense . _ 1040 Terminated at El. 1039.5 ft Drilled on 4/8/05 103..NOTES ... ........... ........ ...... .......................... 1030 2.4-Inch samples were taken using a California split -barrel sampler with an Inside diameter (I.D.) of 2.4-Inch and an outside diameter (O.D.1 of 3-inch 1020 102 10-00 11-00 12,00 13+00 14.00 15{00 16-00 PROFILE STATIONING ALONG 'A" LINE VERTICAL 1" = 20 it HORIZONTAL 1" = 50 It CONSTRUCTION RECORD CoreaM DATE BY REASONS — DATE Designed By Drewn By Checked By I BENCH MARK SDDt0l'*"' SCALE ,e 1(Ia J. LEB S. P. wBgRARATNI w0.M (1wND WNimr '�' Mwwm er'u.�wa,alwaiN,eixllD.aanaw xoaontal PreDarad Under Supervision Of RECOMMENDED BY. �` DATE://•�' CREG 1 �PL ENGINEER CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS Drawing No. ROAD UNDERCROSSING, PW04-13 LOG OF TEST BORINGS APions �� k .'�V!�Date I I/06/06 v'mruENwRAwaMnxDAS Sxawx Q R.C.E. No. 2374 e,P,,,, 9/30/07 a!UNDERGROUND RR - `MARGARITA ACCEPTED BY: - DATE: L�Z^S MLLNUGNfS. DIRECTOR DF PUBLk wtlflNS, CITY ExGixfffl— NCE No Coebil Exviree: JUNE So. 15 SERVICE ALERTa,a.aw1 sheetfAPPROVED LD/NGANO SAFETY CALL _. - _. - �OMPL6INCE Wl(H 1-800-422-4/33 4BLE0 ACCESS/BILIIY ONLY Y• *4V0 WORKING DAYS BEFORE YOU DIG CONSIRIDCDOV RECORD Qg1E BY RENSIONS ACCO DATE BENCH MW SGCE &A-W SEAL: __ pRDFESSIpNg � �y Dml9ned By Drawn By Checked by RECOMMENDED BY DI7E• C/TY OF TEMECULA DEPARIM£NI' OF PUBLIC WORKS Drawing No. conrrwcror All coordinates are based on PRAGAVAN RRAGAVAN A.THURAIRAJAH the Inspector California State Plane SystemNAD-83 zone VI epock North 28°57'23.8" V ND. LE 3a3 . EXP. 9-30-2021 ; ACCEPTED BY,, DglE.' PAMCK THOWS PE PLOW Mtl11"/""°�''�'' - Rlets PhIpaed Under Rp rjgron Of Dat a SANTA GERTRUDIS CREEK TRAIL MARGARITA RD UNDER -CROSSING Coordinate California 2017.5 NHww Doe. CompNted 0.�< R.C.E.ONa East ShwL—o 31286.305'rfOr - A,,, R.C.E. ND. LOG OF TEST BORING 3 OF 3 APPENDIX B LABORATORY SOIL TEST RESULTS TABLE B-1 SUMMARY OF LABORATORY TEST RESULTS Project No. : 20-130 Project Name : EXP, Santa Gertudis Creek Phase II, Temecula Soil Soil - Moisture Atterberg Soil- Soil -Soluble Moisture Identification Total Unit Grain Size Sand Soil - Sample Sample Content Pocket Torvane Limits Minimum Sulfate Free Boring No . (group symbol) Weight Distribution Equivalent pH No. Depth ASTM Penetrometer Shear ASTM Resistivity Content Chloride ASTM D2216 ASTM D2937 GR:SA:FI (CT-217) D4318 CT-643 CT-643 CT-417 Content D2488/D2487 CT-422 (pcf) (tsf) (tsf) M (LL/PL/PI) (ohm -cm) (ppm) (ppm) B-1 B-0 0 Sc 21 2800 8.4 248 259 B-1 D-2 7.5 Sc 11.5 138.8 B-1 D-4 12.5 Sc 10.8 131.0 B-1 S-5 15 CL 13.6 990 8.2 537 382 B-1 D-6 20 SP-SM 5.5 121.6 B-1 D-8 30 CL 35.1 111.7 B-1 D-10 40 SM 16.0 136.4 B-2 D-1 5 SM 5.7 135.0 B-2 D-3 10 Sc 7.4 131.9 B-2 S-4 15 Sc 21.1 B-2 D-5 20 Sc 11.5 139.2 B-2 D-7 30 SP 3.6 103.0 B-2 D-9 40 CL 27.4 120.5 B-3 B-0 0 Sc 1200 8.5 143 347 B-3 D-2 7.5 SM 13.3 136.4 B-3 D-4 15 Sc 13.2 136.5 B-3 S-5 20 Sc 12.9 B-3 D-6 25 Sc 10.5 136.7 B-3 D-8 35 SP 2.6 104.3 B-3 D-10 45 SP-SM 10.7 128.6 B-4 B-0 0 Sc 15 B-4 D-1 5 Sc 9.0 140.7 B-4 S-2 7.5 SM 2400 8.7 288 299 B-4 D-3 10 Sc 10.7 135.6 B-4 D-5 20 Sc 9.3 138.1 B-4 D-7 30 SP 4.2 107.5 B-5 D-2 7.5 SM 12.5 133.6 B-5 D-4 12.5 Sc 13.4 137.2 B-5 D-6 20 Sc 12.8 131.3 B-5 S-7 25 SM 11.6 B-5 D-8 30 SM 10.8 129.7 B-5 D-12 50 CL 20.8 129.1 3.0 2.5 w y 2.0 c .N y 1.5 y N t 1.0 N 0.5 0.0 0.0 0.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 4.5 Normal Stress (ksf) Iiltimaty • C) ChPar Tvnv lnundate� Ondishirhed Peak -- --- --- --- -- 3.5 3.0 2.5 N -S 2.0 N N N 1.5 m m r N 1.0 0.5 --- --- --- --- 0.0 0.00 0.05 0.10 0.15 0.20 0.25 0.30 0.35 0.40 0.45 0.50 Horizontal Deformation (inch) Boring No. : B-1 Strength Intercept (C) 1.15 (kst) Peak 0.23 (kst) Ultimate Sample No. D-4 54.87 (kPa) 11.20 (kPa) Depth (fttm) : 12.5 0.00 Friction Angle 22.49 Degree 28.25 Degree Description : Dark olive gray, CLAYEY SAND (SC) Shear Rate (inch/minute) : 0.02 SYMBOL MOISTURE CONTENT (%) DRY DENSITY VOID RATIO NORMAL STRESS PEAK STRESS ULTIMATE STRESS (pef) (kN/m) (kst) (kPa) (kst) (kPa) (kst) (kPa) 24.99 103.76 16.33 0.62 1.00 47.88 1.67 79.86 0.78 37.35 1977. 109.31 17.20 0.54 2.00 95.76 1.81 86.76 1.30 62.05 24.44 103.06 16.22 0.64 4.00 191.52 2.86 136.75 2.39 114.34 EXP, Santa Gertudis Creek Phase 11, Temecula Earth Mechanics, Inc. Geotechnicaland Earthquake Engineering DIRECT SHEAR TEST (ASTM D- Project No.: 20-130 Date : 3080) Figure No. nnnnnn��annnn nnnnn�innnnnn nnnni�nnnnnnn i�nnnnn��nnnn �nnnnn�sannnn nnn��nnnnnn • nnnnnnnnnn nnnnnnnnnn nnnnnnnnnn ����n� ��ni�•�nnn n ����nn nnnnn ■■■■■ Ksi'M ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■plo■■■■■■�■■■■■■■■■■■■■■■■■■■■■■■■■■■■� iiis!!����N���■■■■■■■■■■■■ ■■■t■■■■■■■■ ■ !�i■■�I'■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ /I■■■■■■■■■■■■■■■■■��iii��iiiiiiiiiiiiii,■■■■■■■■■ ......................... Boring No. : B-3 Strength Intercept (C) : 0.36 (ksf) 0.06 (ksf) I I I and Earthquake Engineering DIRECTGeotechnical SHEAR TEST • 1 1:1 ' ..II 1. Peak Ultimate Sample No. : D-2 17.24 (kPa) 2.87 (kra) Depth (fum) : 7.5 0.00 Friction Angle 37.40 Degree 31.40 Degree Description :Very dark brown, SILTY SAND (SM) Shear Rate (inch/minute): 0.02 SYMBOL MOISTURE CONTENT (%) DRY DENSITY VOID RATIO NORMAL STRESS PEAK STRESS ULTIMATE STRESS (pcf) (kN/m3) (ksf) (kPa) (ksf) (kPa) (ksf) (kPa) 0 16.92 113.88 17.92 0.48 0.50 23.94 0.73 35.05 0.37 17.81 17.51 112.02 17.63 0.50 1.00 47.88 1.14 54.58 0.66 31.60 3.5 3.0 c;=, 2.5 N C 2.0 Le f� 1.5 m m U) 1.0 0.5 0.0 2.0 2.5 3.0 3.5 0.0 0.5 1.0 1.5 4.0 4.5 Normal Stress (ksf) Ultimate : O Shear Type: Inundate( undisturbed Peak EXP, Santa Gertudis Creek Phase 11, Temecula Earth Mechanics, Inc. Geotechnicaland Earthquake Engineering DIRECT SHEAR TEST �ASTM D- Project No.20-130 : Date: 3080) Figure No. 3.5 3.0 2.5 N Y_ '9 2.0 N N N � 1.5 m m r 1.0 0.0 0.00 0.05 0.10 0.15 0.20 0.25 0.30 0.35 0.40 0.45 0.50 Horizontal Deformation (inch) Boring No. : 8-3 Strength Intercept (C) 1.10 (kst) Peak 0.30 (kst) Ultimate Sample No. : D-6 52.57 (kPa) 14.36 (kPa) Depth (rum) : 25.0 0.00 Friction Angle 27.25 Degree 31.68 Degree Description :Dark olive gray, CLAYEY SAND (SC) Shear Rate (i°cwnuo°te) : 0.02 SYMBOL MOISTURE CONTENT (%) DRY DENSITY VOID RATIO NORMAL STRESS PEAK STRESS ULTIMATE STRESS (pet) (kN/m3) (kst) (kPa) (kst) (kPa) (kst) (kPa) � 15.98 119.95 18.88 0.41 1.00 47.88 1.34 64.35 0.83 39.64 16.56 118.38 18.63 0.42 2.00 95.76 2.53 121.23 1.67 79.86 A 16.25 115.83 18.23 0.46 4.00 191.52 3.02 144.79 2.72 130.43 5.5 5.0 - - - --- Depth (ft/m) : 30.0 0.00 Friction Angle 39.41 Degree 32.71 Degree Description :Light olive brown, Poorly graded SAND (SP) Shear Rate (inch/minute) : 0.02 MOISTURE DRY DENSITY VOID NORMAL STRESS PEAK STRESS ULTIMATE STRESS SYMBOL CONTENT (%) (pct) (kN/m3) RATIO (ksf) (kPa) (ksf) (kPa) (ksf) (kPa) 0 21.82 89.06 14.02 0.89 1.50 71.82 1.28 61.48 1.16 55.73 21.94 88.88 13.99 0.90 3.00 143.64 2.57 122.96 1.90 90.78 A 20.01 94.99 14.95 0.77 6.00 287.28 4.99 239.02 4.01 191.90 2.0 1.5 - w N / N I/ y 1.0 y /I/ L I/ d 0.5 /I /I 0.0 ' 2.0 2.5 0.0 0.5 1.0 1.5 Normal Stress (ksf) Ultimate : O Shear Type: Inundate( Undisturbed Peak EXP, Santa Gertudis Creek Phase 11, Temecula Earth Mechanics, Inc. Gwtechnical and Earthquake Engineering DIRECT SHEAR TEST (ASTM D- Project No.20-130 : Date: 3080) Figure No. 2.0 1.5 N Y_ C .N 1.0 rn m m t 0.5 0.0 Z0 0.05 0.10 0.15 0.20 0.25 0.30 0.35 0.40 0.45 0.50 Horizontal Deformation (inch) Boring No. : 8-5 Strength Intercept (C) 0.46 (kst) Peak 0.00 (kst) Ultimate Sample No. : D-2 21.83 (kPa) 0.00 (kPa) Depth (rvm) : 7.5 0.00 Friction Angle 29.35 Degree 33.40 Degree Description :Dark olive brown, SILTY SAND (SM) Shear Rate (i°cmnuo°te) : 0.02 SYMBOL MOISTURE CONTENT (%) DRY DENSITY VOID RATIO NORMAL STRESS PEAK STRESS ULTIMATE STRESS (pet) (kN/m3) (kst) (kPa) (kst) (kPa) (kst) (kPa) � 17.73 110.50 17.39 0.53 0.50 23.94 0.53 25.28 0.25 12.07 2063. 107.43 16.91 0.57 1.00 47.88 1.33 63.78 0.62 29.88 A 16.84 104.65 16.47 0.61 2.00 95.76 1.48 70.67 1.36 64.93 APPENDIX B - LABORATORY TESTING Diaz•Yourman & Associates selected soil samples to be tested and the tests to be performed on the selected samples. Laboratory testing was performed by Hushmand & Associates. Laboratory data are summarized on the boring logs in Appendix A and presented on Plates B1 through B6. We have reviewed and concur with the test results and accept full responsibility for their use in our analysis. A summary of the geotechnical laboratory testing is presented in Table 131. Corrosion potential test results are summarized in Table B2. Table 131 - LABORATORY TESTING SUMMARY TEST NAME PROCEDURE PURPOSE LOCATION Percent Passing the No. 200 Sieve ASTM D1140-92 Classification, index properties ; Boring Logs Moisture Content, Dry Density ASTM D2216-92 Classification, index properties Boring Logs Grain -Size Distribution ASTM D422-63 Classification, index properties Plate B1 Atterberg Limits ASTM D-4318-93 Expansion potential, classification, t idex properties Plate B2 Direct Shear ASTM D3080-90 — Shear strength Plates B3 & B4 Compaction ASTM DI557-91 —�—Earthwork Plates B5 Resistance (R-) Value ASTM L1284�'-69 CTM 301 Pavement thickness design Plates B6 pH CTM 532 Corrosion ~;otential Table B2 Resistivity CTM 532 Corrosion potential Table B2 Soluble Sulfates � CTM 417-B _ Ccrrask-)n potential Table B2 Soluble Chlorides 422 Corrosion potential Table B2 _..__.._.__CTM Notes: ASTM = American 'ociety for Testing and Materials CTM = Caltrans Test Method UBC = Uniform Buiidfl-ng Code Table B2 - CORROSION POTENTIAL TEST RESULTS Boring No. B1 Depth �f� et) —� 0 to 5 _.. pH 7.8 Water Soluble Sulfate Content (ppm) ND Water Soluble Chloride Content (pprn) 225 Minimum Resistivity/Moisture Content (ohms -cm) 3,800 Note: ND — Non Detsa;a B-1 K:\datafls\PROJECTS\2005\2005-003\Report\10 Report.doc Z_ W w 0 a E U.S. Standard Size (in.) ►� U.S. Standard Sieve Numbers >� Hydrometer Sieve 3 1 %2 % % 4 8 16 30 50 100 200 100 I I I II I I 90 I I I I I I I I I I I 80 I I I I I I I 70 I I I I I x I I I I I I w 60 w 50 I. Z w 40 I r ( w a 30 I 20 I I I ! I I I 10 I I I I I I I I 0 100 50 10 5 1''="''`' 0.5 0.1 0.05 0.01 0.005 0.001 GRAIN SI2,:,IN MILLIMETERS Coarse Fine Coarse Medium Fine COBE�i �- S SILT or CLAY SAND r� GRAVEL Symbol Source Depth j (feet) Classification Natural M. C. (%) Liquid Limit (%) Plasticity Index (%) %Passing #200 Sieve B- 1 12.0 SILTY SAND (SM) 14 39 ❑ B- 1 22.0 ' SILTY SAND (SM) 15 37 0 B- 2 5.0 CLAYEY SAND (SC) 13 30 14 43 PARTICLE SIZE ANALYSIS PLATE Temecula Margarita Road Undercrossing Project No. 2005-003 U-LINE A -LINE 70 60 50 w C 40 - - z CH or OH 30 --, -I CL or OL a 20 MH rOH 10 - 7 CL- M L ML or OL 4 0 0 16 20 40 60 60 100 120 LIQUID LIMIT Laboratory Testing by: Husmand Associates, inc ..�. M 1__7 Symbol source (fees) � Classification Natural M. C. (%) Liquid Limit (%) Plastic Limit (%) Plasticity Index (%) %Passing #200 Sieve O�V B- 2 5.0 ' CLAYEY SAND (SC) 13 30 16 14 43 PLASTICITY CHART PLATE Temecula Margarita Road Undercrossing �� Project No. 2005-003 HAIGeotechnicalHHMANDdEa011 Earthquake Engineers DIRECT SHEAR TEST {ASTM D3080} Client: Diaz Yourman & Associates Project Name: Temecula Margarita Rd. Undercrossing Project Number: 2005-003 Boring No.: B - 1 Sample No.: 3 Depth: 12' Sample Description: Dark Olive. Clavev Sand (SC) Type of test: Consolidated, Saturated, Drained. Rate of Displacement: 0.002 in/min. 6.0 5.5 5.0 4.5 w 4.0 3.5 N N °' 3.0 cn 2.5 s cn 2.0 1.5 1.0 0.5 00 0 0.05 0.1 0.15 0.2 Displacement (in) (8.0 ksf (4.0 ksf) (2.0 ksf) ff*M 8 2 0L 0 HAI Project No.: 03-0417 Tested by: PM Checked by: JT Date: 04/13/05 PEAK ULTIMATE c (ksf) q (degrees) c (ksf) m (degrees) 0.58 30.6 0.17 30.5 0,00000000 Ultimate 2 4 6 Normal Stress (ksf 8 B3 10 HAIH SHMAND A SSOCIA LES. INC. DIRECT SHEAR TEST Geotechnica! and Earthquake Engineers (ASTM D3080) Client: Diaz Yourman & Associates Project Name: Temecula Margarita Rd. Undercrossing Project Number: 2005-003 Boring No.: B - 1 Sample No.: 5 Depth: 22' Sample Description: Dark Olive, Clavev Sand (SC) Type of test: Consolidated, Saturated, Drained. Rate of Displacement: 0.002 in/min. 6.0 5.5 5.0 4.5 4.0 3.5 N N 3.0 2.5 U) 2.0 1.5 1.0 0.5 00 0 0.05 0.1 0.15 0.2 Displacement (in) (8.0 ksf) (4,0 ksf) (2.0 ksf) 10 8 IIIIIII M 0V 0 HAI Project No.: 03-0417 Tested by: PM Checked by: JT Date: 04/14/05 PEAK ULTIMATE c (ksf) P (degrees) c (ksf) (degrees) 0.77 30.1 0.08 31.8 Peak / Ultimate oe 2 4 6 Normal Stress (ksf) 8 B4 10 HUSHMAND ASSOCIATES. INC. H,,: -- -mil Geotechnical and Earthquake Engineers Client : Diaz Yourman & Associates Project Name: Temecula - Margarita Rd. Undercross Project No.: 2005-003 Boring No.: B - 2 Sample No.: --- Depth: 0 - 5' Soil Description: Dark Olive, Clayey Sand (SC) 140 135 130 125 o. H 120 w c� CE 0 1!0 105 100 COMPACTION CURVE (ASTM D1557) HAI Project No.: 03-0417 Tested by: PM Checked by: JT Date: 4/17/2005 Procedure: A Mold Size: 4 in \ \ ` Gs = 2.70 \ \ Gs=2.60 Maximum Dry i \\ Density: 123.0 pcf \ \ -w \ \ Optimum Moisture Content: 7.5% 0 5 10 15 MOISTURE CONTENT (%} 20 R - VALUE DATA SHEET P.N. 2005-003 Temecula/Margarita PROJECT NUMBER 32053 BORING NUMBER: B-3 @ 0'-5' SAMPLE DESCRIPTION: _ Brown Clayey Sand Item a SPECIMEN b c Mold Number 1 2 3 Water added, Erams 50 30 38 Initial Test Water, Q 9.7 8.0 8.7 Compact Gage Pressure,psi 50 160 115 Exudation Pressure, psi 216 502 367 Height Sample, Inches 2.62 -- 2.50 2.44 Gross Weight Mold, grams 3282 3308 3278 Tare Weight Mold, grams _ 2083 2116 2118 Sample Wet Weight, grams 1199 1192 1160 Expansion, Inches x 10exp 1 25 19 Stability 2,000 ibs (160psi) 5 E5, / 125 37 / 77 43 / 96 Turns Displacement 3..�:'. 2.45 2.67 R-Value Uncorrected 18� 52 38 R-Value Corrected 1 - — 52 36 Dry Densit , j1:f 126.3 133.8 132.5 DESIGN CALCULATION DATA Traffic Ind= x Assumed: 4.0 4.0 4.0 G.E. by Stabilily I 0.83 0.49 0.66 G. E. by Expansion 0.07 0.83 0.63 Equilibrium R-Value 28 by EXUDATION Examined & Checked: 4 Qf ✓ ` /14/ 05 REMARKS: Gf - 1.25 0.0 o Retained on the 3/4" sieve. S t& en M Hinz 30659 The data above is based upon processing and testing samples as rece Ged from the field. Test procedures in accordance with latest revisions to Department of Transportation, State of California, Materials & Research Test Method No. 301. LaBelle • Marvin B 6 Appendix G Water Quality Management Plan for Santa Gertrudis Creek Phase II - Margarita Road Undercrossing ESA City of Temecula WATER QUALITY MANAGEMENT PLAN (WQMP) PROJECT NAME & NUMBER: Santa Gertrudis Creek Phase II — Margarita Road Under crossing PW19-04 PROJECT ADDRESS: Margarita Road @ Santa Gertrudis Creek, Temecula PREPARED BY: Name Portia Gonzalez, P.E., EXP U.S. Services Address 451 E. Vanderbilt Way Suite 375 San Bernardino, CA 92408 Phone (949) 257-5340 Email portia.gonzalezC@exp.com CIP PROJECT MANAGER: Name William Becerra DATE OF WQMP: December 10, 2020 'r 1989 :S • Nr.%V ONE„` Water Quality Project Type: ❑ Maintenance ❑ Standard Development ❑ Priority Development X Exempt Priority Development WQMP Preparer's Certification Project Name: Santa Gertrudis Creek Phase II — Margarita Road Under crossing Project Number: PW19-04 PREPARER'S CERTIFICATION I have read and understand that the City of Temecula has adopted minimum requirements for managing urban runoff, including stormwater, from capital improvement activities, as described in the BMP Design Manual. I certify that this WQMP has been completed to the best of my ability and accurately reflects the project being proposed and the applicable BMPs proposed to minimize the potentially negative impacts of this project's activities on water quality. I hereby declare that the design is consistent with the requirements of the City of Temecula BMP Design Manual, which is a design manual for compliance with local City of Temecula Stormwater and Urban Runoff Management and Discharge Controls Ordinance (Chapter 8.28 et seq.) and regional MS4 Permit (California Regional Water Quality Control Board San Diego Region Order No. R9-2013-0001 as amended by R9-2015-0001 and R9-2015-0100) requirements for stormwater management; as well as the requirements of the City of Temecula Engineering and Construction Manual (Chapter 18) and the City of Temecula Erosion and Sediment Control Ordinance (Chapter 18.18 et seq.). i' 12/10/20 Preparer's Signature Date: Portia Gonzalez, P.E. Print Name EXP U.S. Services Inc. Company William Becerra CIP Project Manager STOP! Before continuing this form review Chapter 1.3 of the BMP Design Manual. If the project type is listed in Table 1-2, permanent stormwater requirements do not apply to your project. Write your exempt project category in the space provided below. Do not complete this WQMP. Exempt Project category Preparation Date: December 10, 2020 Template Date: April 15, 2020 WQMP Step 1: Source Control BMP Checklist Source Control BMPs All development projects must implement source control BMPs 4.2.1 through 4.2.6 where applicable and feasible. See Chapter 4.2 and Appendix E of the City BMP Design Manual for information to implement source control BMPs shown in this checklist. Answer each category below pursuant to the following: • "Yes" means the project will implement the source control BMP as described in Chapter 4.2 and/or Appendix E of the City BMP Design Manual. Discussion / justification must be provided and show locations on the project plans. Select applicable Source Controls in the Source Control BMP summary on the following page. • "No" means the BMP is applicable to the project but it is not feasible to implement. Discussion / justification must be provided. • "N/A" means the BMP is not applicable at the project site because the project does not include the feature that is addressed by the BMP (e.g., the project has no outdoor materials storage areas). Discussion / justification must be provided. Source Control Requirement Applied? 4.2.1 Prevention of Illicit Discharges into the MS4 ❑ Yes ❑No X N/A Discussion / justification: The project is not expected to generate any non-stormwater discharges in the post -project condition. The proposed project is to construct a multi -purpose trail under Santa Margarita Road on the existing Santa Gertrudis Creek concrete side slope. 4.2.2 Storm Drain Stenciling or Signage ❑Yes ❑No X N/A Discussion / justification: The project is not proposing any new inlets. The Santa Margarita Road flows are contained in the roadway and directed to an existing catchbasin approximately 700' to the north. 4.2.3 Protect Outdoor Materials Storage Areas from Rainfall, ❑Yes ❑No X N/A Run -On, Runoff, and Wind Dispersal Discussion / justification: The project is not proposing any material storage areas. 4.2.4 Protect Materials Stored in Outdoor Work Areas from ❑Yes ❑ No Rainfall, Run -On, Runoff, and Wind Dispersal Discussion / justification: The project is not proposing any outdoor work area in the post -project condition. 4.2.5 Protect Trash Storage Areas from Rainfall, Run -On, ❑Yes ❑No X N/A Runoff, and Wind Dispersal Discussion / justification: The project is not proposing any trash storage areas. 4.2.6 Additional BMPs Based on Potential Sources of Runoff ❑Yes ❑No X N/A Pollutants Template Date: April 15, 2020 Preparation Date: December 10, 2020 W WQM P Discussion / justification. Clearly identify which sources of runoff pollutants are discussed: There are no potential sources of runoff pollutants that have been identified within the project limits. The proposed trail is for non -motorized use and will be located on the Santa Gertrudis Creek concrete side slope. Source Control BMP Summary Select all source control BMPs identified for your project in sections 4.2.1 through 4.2.6 above in the column on the left below. Then select "yes" if the BMP has been implemented and shown on the project plans, "No" if the BMP has not been implemented, or "N/A" if the BMP is not applicable to your project. ❑ SC -A. On -site storm drain inlets ❑Yes ❑No X N/A ❑ SC-B. Interior floor drains and elevator shaft sump pumps ❑Yes ❑No X N/A ❑ SC-C. Interior parking garages ❑Yes ❑No X N/A ❑ SC-D1. Need for future indoor & structural pest control ❑Yes El No X N/A ❑ SC-D2. Landscape/outdoor pesticide use ❑Yes ❑No X N/A ❑ SC-E. Pools, spas, ponds, fountains, and other water features ❑Yes El No X N/A ❑ SC-F. Food service ❑Yes ❑No X N/A ❑ SC-G. Refuse areas ❑Yes El No X N/A ❑ SC-H. Industrial processes ❑Yes ❑No X N/A ❑ SC -I. Outdoor storage of equipment or materials ❑Yes El No X N/A ❑ SC-J. Vehicle and equipment cleaning ❑Yes ❑No X N/A ❑ SC-K. Vehicle/equipment repair and maintenance ❑Yes El No X N/A ❑ SC-L. Fuel dispensing areas ❑Yes ❑No X N/A ❑ SC-M. Loading docks ❑Yes El No X N/A ❑ SC-N. Fire sprinkler test water ❑Yes ❑No X N/A ❑ SC-O. Miscellaneous drain or wash water ❑Yes El No X N/A ❑ SC-P. Plazas, sidewalks, and parking lots ❑Yes ❑No X N/A ❑ SC-Q. Large trash generating facilities ❑Yes El No X N/A ❑ SC-R. Animal facilities ❑Yes ❑No X N/A ❑ SC-S. Plant nurseries and garden centers ❑Yes El No X N/A ❑ SC-T. Automotive facilities ❑Yes ❑No X N/A Note: Show all source control measures applied above on the plan sheets. Preparation Date: December 10, 2020 Template Date: April 15, 2020 WQMP 5 Step 2: Site Design BMP Checklist Site Design BMPs All development projects must implement site design BMPs SD -A through SD-H where applicable and feasible. See Chapter 4.3 and Appendix E of the City BMP Design Manual for information to implement site design BMPs shown in this checklist. Answer each category below pursuant to the following: • "Yes" means the project will implement the site design BMP as described in Chapter 4.3 and/or Appendix E of the City BMP Design Manual. Discussion / justification must be provided and show locations on the project plans. • "No" means the BMP is applicable to the project but it is not feasible to implement. Discussion / justification must be provided. • "N/A" means the BMP is not applicable at the project site because the project does not include the feature that is addressed by the BMP (e.g., the project site has no existing natural areas to conserve). Discussion / justification must be provided. Site Design Requirement Applied? 4.3.1 Maintain Natural Drainage Pathways and Hydrologic X Yes ❑No El N/A Features Discussion / justification: The project maintains the existing drainage pattern toward the Santa Gertrudis Creek 4.3.2 Conserve Natural Areas, Soils, and Vegetation X Yes ❑ No ❑ N/A Discussion / justification: The project will replace all vegetation to be removed during construction 4.3.3 Minimize Impervious Area X Yes ❑No El N/A Discussion / justification: The project minimizes the new impervious areas by constructing the trail on the channel's existing concrete side slopes 4.3.4 Minimize Soil Compaction X Yes ❑No El N/A Discussion / justification: The project minimizes soil compaction 4.3.5 Impervious Area Dispersion ❑Yes ❑No X N/A Discussion / justification: Since the project area is located within the Santa Gertrudis Creek concrete side slope, the impervious area dispersion is the same as existing. 4.3.6 Runoff Collection ❑Yes ❑No X N/A Discussion / justification: The project area drains directly to Santa Gertrudis Creek 4.3.7 Landscaping with Native or Drought Tolerant Species ❑Yes ❑No Discussion / justification: Landscaping is not part of the scope of this project Template Date: April 15, 2020 Preparation Date: December 10, 2020 I WQM P 4.3.8 Harvesting and Using Precipitation ❑Yes I ❑No X N/A Discussion / justification: The project area directly drains to Santa Gertrudis Creek Step 3: Project type determination (Standard or Priority Development Project) Is the project part of another Priority Development Project (PDP)? ❑ Yes X No If so, Standard and PDP requirements apply. Go to Step 3.1 and select "PDP" The project is (select one): ❑ New Development X Redevelopment' The total proposed newly created or replaced impervious area is: 7,241 ft2 The total existing (pre -project) impervious area is: 7,189 ft2 The total area disturbed by the project is: 8,712 ft2 If the total area disturbed by the project is 1 acre (43,560 sq. ft.) or more OR the project is part of a larger common plan of development disturbing 1 acre or more, a Waste Discharger Identification (WDID) number must be obtained from the State Water Resources Control Board. Is the project in any of the following categories, a through f ?2 Yes No (a) New development projects that create 10,000 square feet or more of impervious surfaces ❑ X 3(collectively over the entire project site). This includes commercial, industrial, residential, mixed -use, and public development projects on public or private land. Yes No (b) Redevelopment projects that create and/or replace 5,000 square feet or more of ❑ X impervious surface (collectively over the entire project site on an existing site of 10,000 square feet or more of impervious surfaces). This includes commercial, industrial, residential, mixed -use, and public development projects on public or private land. Yes No (c) New and redevelopment projects that create and/or replace 5,000 square feet or more of ❑ X impervious surface (collectively over the entire project site), and support one or more of the following uses: (i) Restaurants. This category is defined as a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification (SIC) code 5812). (ii) Hillside development projects. This category includes development on any natural slope that is twenty-five percent or greater. (iii) Parking lots. This category is defined as a land area or facility for the temporary parking or storage of motor vehicles used personally, for business, or for commerce. (iv) Streets, roads, highways, freeways, and driveways. This category is defined as any paved impervious surface used for the transportation of automobiles, trucks, motorcycles, and other vehicles. Redevelopment is defined as: The creation and/or replacement of impervious surface on an already developed site. Examples include the expansion of a building footprint, road widening, the addition to or replacement of a structure, and creation or addition of impervious surfaces. Replacement of impervious surfaces includes any activity that is not part of a routine maintenance activity where impervious material(s) are removed, exposing underlying soil during construction. Redevelopment does not include routine maintenance activities, such as trenching and resurfacing associated with utility work; pavement grinding; resurfacing existing roadways; new sidewalks construction; pedestrian ramps; or bike lanes on existing roads; and routine replacement of damaged pavement, such as pothole repair. Applicants should note that any development project that will create and/or replace 10,000 square feet or more of impervious surface (collectively over the entire project site) is considered a new development. Preparation Date: December 10, 2020 Template Date: April 15, 2020 WQMP Yes No (d) New or redevelopment projects that create and/or replace 2,500 square feet or more of X ❑ impervious surface (collectively over the entire project site), and discharging directly to an Environmentally Sensitive Area (ESA). "Discharging directly to" includes flow that is conveyed overland a distance of 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA (i.e. not commingled with flows from adjacent lands). Note: ESAs are areas that include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special Biological Significance by the State Water Board and San Diego Water Board; State Water Quality Protected Areas; water bodies designated with the RARE beneficial use by the State Water Board and San Diego Water Board; and any other equivalent environmentally sensitive areas which have been identified by the Copermittees. See BMP Design Manual Chapter 1.4.2 for additional guidance. Yes No (e) New development projects, or redevelopment projects that create and/or replace 5,000 ❑ X square feet or more of impervious surface, that support one or more of the following uses: (i) Automotive repair shops. This category is defined as a facility that is categorized in any one of the following SIC codes: 5013, 5014, 5541, 7532-7534, or 7536- 7539. (ii) Retail gasoline outlets (RGOs). This category includes RGOs that meet the following criteria: (a) 5,000 square feet or more or (b) a projected Average Daily Traffic (ADT) of 100 or more vehicles per day. Yes No (f) New or redevelopment projects that result in the disturbance of one or more acres of land ❑ X and are expected to generate pollutants post construction. Note: See BMP Design Manual Chapter 1.4.2 for additional guidance. Does the project meet the definition of one or more of the Priority Development Project categories (a) through (f) listed above? ❑ No — the project is not a Priority Development Project (Standard Project). X Yes — the project is a Priority Development Project (PDP). Further guidance may be found in Chapter 1 and Table 1-2 of the BMP Design Manual. The following is for redevelopment PDPs only: The area of existing (pre -project) impervious area at the project site is: 7,189 ft2 (A) The total proposed newly created or replaced impervious area is 7,241 ft2 (B) Percent impervious surface created or replaced (B/A)*100: 100 % The percent impervious surface created or replaced is (select one based on the above calculation): ❑ less than or equal to fifty percent (50%) — only newly created or replaced impervious areas are considered a PDP and subject to stormwater requirements OR X greater than fifty percent (50%) — the entire project site is considered a PDP and subject to stormwater requirements Template Date: April 15, 2020 Preparation Date: December 10, 2020 J: WQM P Step 3.1: Water Quality Management Plan requirements Step Answer Progression Is the project a Standard Project, ❑ Standard Standard Project requirements apply, STOP, Priority Development Project (PDP), or Project you have satisfied stormwater exemption to PDP definitions? requirements. To answer this item, complete Step 3 ❑ PDP Standard and PDP requirements apply. Project Type Determination Checklist, Complete Exhibit A "PDP and see PDP exemption information below. For further guidance, see Chapter 1.4 Requirements." http://temeculaca.gov/wgmpa2 of the BMP Design Manual in its entirety. X PDP Exemption Go to Step 3.2 below. Step 3.2: Exemption to PDP definitions Is the project exempt from PDP definitions based on either of the following: If so: X Projects that are only new or retrofit paved sidewalks, bicycle Standard Project lanes, or trails that meet the following criteria: requirements apply, AND (i) Designed and constructed to direct stormwater runoff to any additional requirements adjacent vegetated areas, or other non -erodible permeable specific to the type of areas; OR ii Designed and constructed to be hydraulically disconnected rL City concurrence from paved streets or roads ri.e., runoff from the new with the exemption is improvement does not drain directly onto paved streets or required. Provide roads L OR discussion and list any (iii) Designed and constructed with permeable pavements or additional requirements surfaces in accordance with City of Temecula Guidance on below in this form. Green Infrastructure; STOP, you have satisfied stormwater requirements. ❑ Projects that are only retrofitting or redeveloping existing paved Complete Exhibit A alleys, streets or roads that are designed and constructed in "PDP Requirements." accordance with the City of Temecula Guidance on Green Select Green Streets Infrastructure. Exemptions where applicable. Discussion / justification, and additional requirements for exceptions to PDP definitions, if applicable: Preparation Date: December 10, 2020 Template Date: April 15, 2020 Appendix H Noise Calculations ESA Project: St. Gertrudis Creek Trail Construction Noise Impact on Sensitive Receptors Parameters Construction Hours: 8 Daytime hours (7 am to 7 pm) 0 Evening hours (7 pm to 10 pm) 0 Nighttime hours (10 pm to 7 am) Leq to L70 factor 3 Residential (West) Construction Phase Equipment Type No. of Equip. Reference Noise Level at 50ft, Lmax Acoustical Usage Factor Distance (ft) Lmax Leq Estimated Noise Shielding, dBA Demolition 80 75 Concrete Saw Rubber Tired Dozers Tractor/Loader/Backhoe 1 1 2 90 82 84 20% 40% 40% 200 200 200 78 70 75 71 66 71 0 0 0 Grading 1 80 75 Concrete Saw Rubber Tired Dozers Tractor/Loader/Backhoe 1 1 2 90 82 84 20 % 40% 40% 200 200 200 78 70 75 71 66 71 0 0 0 Construction - Trail and Wall 76 72 Cranes Forklift Tractor/Loader/Backhoe 1 2 2 81 75 84 16% 10% 40% 200 200 200 69 66 75 61 56 71 0 0 0 Striping 66 63 Air Compressor 1 78 50 % 200 66 63 0 (Maximum Noise Level Source for Ref. Noise Levels: FHWA RCNM, 2006 74.6 City of Temecula Community Development 41000 Main Street • Temecula, CA 92590 Phone (951) 694-6400 • Fax (951) 694-6477 • www.cityoftemecula.org April 12, 2022 Ms. Rosemarie M. Anderson Supervising Legal Certification Clerk County of Riverside P.O. Box 751 Riverside, CA 92501-0751 SUBJECT: Mitigated Negative Declaration (SCH# 2022020289) for the Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Dear Ms. Anderson: Enclosed is the Notice of Determination for the above referenced project. In addition, pursuant to Assembly Bill 3158 (Chapter 1706) please find a check in the amount of $2,598.00 for the County Administrative fee to enable the City to file the Notice of Determination for a Mitigated Negative Declaration. The City of Temecula is paying the $50.00 filing fee under protest. It is the opinion of the City that the administrative fee has been increased in a manner inconsistent with the provisions of State Law. Under Public Resources Code Section 21152 and 14 California Code Regulations 1507, the County is entitled to receive a $25.00 filing fee. Please return a stamped copy of the Notice of Determination within five working days after the 30 day posting in the enclosed self-addressed stamped envelope. Should you have any questions regarding this matter, please contact Luke Watson at (951) 694- 6444. Sincerely, Luke Watson Director of Community Development Enclosures: Check Copies of this letter (3) Self-addressed stamped envelopes (2) City of Temecula Community Development Planning Division Notice of Determination TO: County Clerk and Recorders Office FROM: Planning Division County of Riverside City of Temecula P.O. Box 751 41000 Main Street Riverside, CA 92501-0751 Temecula, CA 92590 SUBJECT: Filing of a Notice of Determination in compliance with the provisions of Section 21152 of the Public Resources Code State Clearinghouse No.: 2022020289 Project Title: Mitigated Negative Declaration (SCH#2022020289) for Santa Gertrudis Creek Trail Phase II Undercrossing at Margarita Road Project Location: Santa Gertrudis Creek at Margarita Road, City of Temecula, County of Riverside Project Description: The Proposed Project would construct a bicycle/multi-use trail undercrossing for the existing Santa Gertrudis Creek Trail. The existing trail crosses Margarita Road in the City of Temecula, which is a heavily traveled four -lane divided collector roadway. The proposed undercrossing would improve safety at this location by removing the need for existing at -grade roadway crossing for the trail. The Proposed Project consists of a total of approximately 610 feet of a shared bicycle/trail undercrossing, which would begin where the existing grade of the Santa Gertrudis Creek Trail ramps begin to elevate to meet the grade of the overcrossing of Margarita Road at the east and west sides. The Project would include the removal of existing pavements and soils to bring the proposed Santa Gertrudis Creek Trail to five percent grade, utility improvements, and the construction of the Santa Gertrudis Creek Trail in a new location beneath Margarita Road. Lead Agency: City of Temecula, County of Riverside Contact Person: Luke Watson Telephone Number: (951) 694-6444 This is to advise you that the City Council of the has approved the above described project on April 12, 2022 and has made the following determinations regarding this project: 1. The project will not have a significant effect on the environment. 2. That a Mitigated Negative Declaration (MND) was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures were made a condition of the approval of the project. 4. A Mitigation Monitoring or Reporting Program/Measures was adopted for this project. 5. A Statement of Overriding Consideration was not adopted for this project. 6. Findings were made pursuant to the provisions of CEQA. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@80114F18\@BCL@80114F18.docx RAFORMS\CEQA.DEM 3/30/22 klb This is to certify that the Negative Declaration with comments, responses, and record of project approval is available to the General Public at the City of Temecula, 41000 Main Street, Temecula, California, 92590. Signature: Luke Watson Director of Community Development Date received for filing at the County Clerk and Recorders Office: Date: C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@80114F18\@BCL@80114F18.docx R:\FORMS\CEQA.DEM 3/30/22 klb f `l Ak Q The Heart or Scu[hern a, Iurni6 Wine Country City of Temecula Fiscal Years 2022-26 Capital Improvement Program SANTA GERTRUDIS CREEK PHASE II - MARGARITA UNDER -CROSSING Infrastructure Project Project Description: This project includes the design, environmental, and construction of the under -crossing in Santa Gertrudis Creek at Margarita Road to connect to the pedestrian/bicycle trail. The under -crossing at Margarita Road will provide a continuous paved trail along the Santa Gertrudis Creek at this location. Benefit: The project provides a safe pedestrian and bicycle trail connection for the community. Core Value: Transportation Mobility and Connectivity Project Status: Project is anticipated to be completed in Fiscal Year 2021-22. Department: Public Works - Account No. 210.265.999.732 / PW19-04 Level: I Project Cost: Prior Years Actuals 2021-22 2020-21 Proposed 2022-23 2023-24 2024-25 2025-26 Adjusted Budget Projected Projected Projected Projected Total Project Cost Administration 17,556 142,445 144,000 304,000 Construction 1,631,179 1,631,179 Construction Engineering 200,000 200,000 Design & Environmental 633,964 633,964 Land Acquisition 21,500 21,500 MSHCP 81,559 81,559 Total Expenditures 17,556 797,909 2,056,738 2,872,202 Source of Funds: Measure S Senate Bill 1 50,000 765,464 554,738 1,502,000 1,370,202 1,502,000 Total Funding 50,000 765,464 2,056,738 - 2,872,202 Future Operating & Maintenance Costs: Total Operating Costs Notes : 1. California Transportation Commission (CTC) adopted the 2019 Active Transportation Program Augmentation on January 30 - 31, 2019. 138 Item No. 19 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works / City Engineer DATE: April 12, 2022 SUBJECT: Approve the Minor Construction Services Agreement with American Ramp Company, Inc. for the construction of the Infill Mini Pump Track at Wolf Creek Park, PW21-05 PREPARED BY: Amer Attar, Engineering Manager Avlin R. Odviar, Senior Civil Engineer RECOMMENDATION: That the City Council: 1. Approve the Minor Construction Services Agreement with American Ramp Company, Inc. in the amount of $60,000, for construction of the Infill Mini Pump Track at Wolf Creek Park, PW21-05; and 2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15304, Class 4, Minor Alternations to Land, of the CEQA Guidelines. BACKGROUND: As part of the Bike Lane and Trail Program — Infill Mini Pump Track infrastructure project, staff reviewed various pump track designs and evaluated existing City parks for implementation. With support from the Parks, Recreation and Community Services Subcommittee (July 27, 2021), the Community Services Commission (August 9, 2021), and the Temecula Community Services District (August 24, 2021), the City approved Wolf Creek Park as a location for a new mini pump track. The project will consist of the construction of a new Mini Pump Track at Wolf Creek Park. It is thoughtfully designed to accommodate beginner and intermediate skill levels on a track layout which will differ in shape and feel from the pump tracks at Ronald Reagan Sports Park and Long Canyon Creek Park. The total area of the project footprint is approximately 6,900 square feet, which includes an asphalt riding surface of 2,700 square feet along a track length of 261 feet. The project will fill in an existing turf area which is bound by existing park sidewalks. This project is exempt from the CEQA requirements pursuant to Article 19, Categorical Exemption, Section 15304, Minor Alternations to Land, of the CEQA Guidelines. On February 10, 2022, the City filed the project's Notice of Exemption with the County of Riverside, County Clerk and Recorders Office, in compliance with the provisions of Section 21152 of the Public Resources Code. The contract cost is $60,000 and allows for 15 working days (3 weeks) for construction. FISCAL IMPACT: The Bike Lane and Trail Program — Infill Mini Pump Track is identified in the City's Capital Improvement Program Budget for Fiscal Years 2022-26, funded by Measure S. There are sufficient funds in the project account to cover the cost of the agreement. ATTACHMENTS: 1. Agreement 2. Project Description 3. Project Location AGREEMENT FOR MINOR CONSTRUCTION SERVICES BETWEEN CITY OF TEMECULA AND AMERICAN RAMP COMPANY INFILL MINI PUMP TRACK AT WOLF CREEK PARK, PW 21-05 THIS AGREEMENT is made and effective as of APRIL 12, 2022 between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), AMERICAN RAMP COMPANY, 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 APRIL 12, 2022 and shall remain and continue in effect until tasks described herein are completed, but in no event later than APRIL 12, 2023, unless sooner terminated pursuant to the provisions of this Agreement. 2. SCOPE OF WORK Contractor shall construct and install all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work"), and shall provide and furnish all the 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 on or before 15 workings days from the notice to proceed date. Contractor shall not commence the Work until such time as directed in writing by the City. 3. PAYMENT a. The City agrees to pay Contractor 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 scope of work, payment rates and schedule of payment are null and void. This amount shall not exceed Sixty Thousand Dollars and Zero Cents ($60,000.00). b. Contractor 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. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. C. Contractor 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 Contractor's fees, it shall give written notice to Contractor 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, Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 4. 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. 5. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. 6. WAIVER OF CLAIMS On or before making final request for payment under Paragraph 3 above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Agreement, except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement with each claim for payment. 7. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at 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. 8. 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 9. 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 Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor 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 Contractor 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 Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 10. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, 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 that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve 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 that 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. 11. 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 (hereinafter "indemnified parties") 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 indemnified parties 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 indemnified parties. 12. 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. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: Two Million ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The indemnified parties are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the indemnified parties. 2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the indemnified parties. Any insurance or self - insured maintained by the indemnified parties shall be excess of the Contractor's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the indemnified parties. 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. 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. 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. g. By executing this Agreement, Contractor hereby certifies: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. 13. TIME OF THE ESSENCE Time is of the essence in this Agreement. 14. 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. 15. 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. 16. CONTRACTOR'S INDEPENDENT INVESTIGATION No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 17. CONTRACTOR'S AFFIDAVIT After the completion of the Work contemplated by this Agreement, Contractor shall file an affidavit with the Director of Public Works stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 18. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 19. UTILITY LOCATION City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 21. CLAIM DISPUTE RESOLUTION In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters. All claims arising out of or related to the Agreement or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Agreement hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any sub -contractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition od "claim" as individually defined herein. 22. INSPECTION The Work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work. Inspection of the work shall not relieve the Contractor of the obligation to fulfill all obligations under this Agreement. 23. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 24. WRITTEN NOTICE Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, 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 Contractor: American Ramp Company ATTN: Josh Willis 601 McKinley Ave Joplin, Missouri 64801 25. 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. 26. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 27. 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 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 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 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. 28. 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. 29. 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. Prior to the commencement of the Work, Contractor shall provide the City with a Labor and Materials Bond in form of Exhibit C and a Performance Bond in the form of Exhibit D. Each bond should be in the amount of the cost of the Work as described in Paragraph 3. Exhibits C and D are attached hereto and incorporated herein by this reference as though set forth in full. 30. LABOR AND MATERIAL BONDS Within ten (10) business days from the City Manager approval of this Agreement, Contractor shall provide the City with a Labor and Materials Bond to secure payment to any contractor, sub -contractor persons renting equipment, or furnishing labor or materials for the work required to be constructed or installed pursuant to this Agreement in the additional amount of the Agreement. The bond shall be in substantially the form attached as Exhibit C, incorporated herein by this reference, and approved by the City Attorney. The surety shall be a surety admitted in the State of California and approved by the City. 31. PERFORMANCE BOND Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not -to -exceed compensation indicated in this Agreement, and in a form provided or approved by the City in Exhibit D. No payment will be made to Contractor until it has been received and approved by the City. 32. 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 33. REQUIREMENT TO MITIGATE THE SPREAD OF COVID-19. The Contractor and all subcontractors for the Work shall comply with all applicable Federal, State, Riverside County, and City of Temecula statutes, regulations, orders, and ordinances. This requirement specifically includes, without limitation, compliance with the "Safety and Health Guidance COVID-19 Infection Prevention in Construction" issued by the California Department of Industrial Relations, Division of Occupational Safety and Health and Safety on July 20, 2020 and as may be amended from time to time by the Department, relating to mitigating the transmission of COVID-19 on the project site and mitigating the transmission of COVID-19 by employees or workers of Contractor and its subcontractors in their contacts with City employees and consultants. Prior to the pre -construction meeting, the Contractor shall submit to the City a "COVID-19 Mitigation Program" implementing these requirements and shall post the COVID-19 Mitigation Program on the project site in a manner designated by the City's Project Manager. The failure of employees or workers of the Contractor and all subcontractors on the Work to comply with these requirements shall be a default per Paragraph 10 of this Agreement. Contractor acknowledges that, in the event that the City Engineer suspends the Work as a result of such failure by Contractor or one of its subcontractors to comply with these requirements, City is not responsible for the delay, and the Contractor is not entitled to compensation for such delay. The Contractor shall also pay to the City the costs and expenses incurred by the City resulting from the failure of employees of the Contractor and all subcontractors on the Work to comply with these requirements including, but not limited to, the salaries and benefits for City employees who are unable to work, and workers compensation benefits and expenses. Delays in the Work resulting from Contractor's or its subcontractor's failure to comply with these regulations shall not be considered an unforeseen event entitling Contractor to an extension of time or payment for delay. ift 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: American Ramp Company, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Nathan Bemo, res' ent By: By: Peter M. Thorson, City Attorney CONTRACTOR American Ramp Company, Inc Attn: Josh Willis 601 McKinley Ave Joplin, MO 64801 PH:800-949-2024 x107 Email: josh americanram com an City Purchasing Mgr. Initials and Date: 3/22/2022 W EXHIBIT "A" SCOPE OF WORK The Contractor shall construct a Mini Pump Track at the Wolf Creek Park (Park) located at 45850 Wolf Creek Dr. North, Temecula, CA 92592 with the approximate dimensions and configuration as shown in the attached Site Map and Design Plan. The riding surface will have a structural section comprised of a minimum 3" thick AC (Asphalt Concrete), on top of minimum 4" Class 2 aggregate base subgrade compacted to 95%. Existing native material excavated from the site will be used for slope landscape grading. The track shall be constructed towards the northwesterly corner of the Park, adjacent to gazebo structures, within a pre -graded pad excavated 3' below existing sidewalk grade and filled with Class 2 aggregate base subgrade. The track is generally bordered by sidewalk on all sides. A formal SWPPP (Stormwater Pollution Protection Plan) is not required for this project. However, Contractor shall implement BMP's (Best Management Practices) for the purposes of ensuring pollutants and silts do not leave the site and that concentrated stormwater flows do not cause erosion during construction. This includes but is not limited to perimeter control, stabilized construction entrance, and controlling fluids from construction equipment. BMP's may include silt fence, gravel/sand bags, fiber roll, inlet protections, stock pile protections, and other measures as approved by the City. The Contractor shall also be responsible for constructing an ADA compliant path of travel to the Mini Pump Track from the existing sidewalk directly adjacent project site. The ADA path of travel shall be constructed of either PCC (Portland Cement Concrete) or AC (Asphalt Concrete). If Contractor chooses PCC it shall be a minimum 4" thick 560-C-3250 PCC section on top of 95% compacted native or import material. PCC shall match color and finish of existing, adjacent sidewalk. If Contractor chooses AC it shall be a minimum of 3" AC, over minimum 4" of compacted Class 2 aggregate base, over 95% compacted native or import material. Contractor shall not be required to make any improvements to the existing sidewalk unless their operations damage the sidewalk, in which case they will replace any damaged sidewalk in kind. Asphalt Concrete Pavement (A.C.) materials shall conform to Section 203-6, Asphalt Concrete, of the "Greenbook" and asphalt concrete shall be Type D PG-64-10 or as approved by the Engineer. When asphalt pavement is to be placed directly on subgrade material, the uppermost 12" of subgrade material shall be scarified, moisture conditioned per Section 301-1.2, Preparation of Subgrade, of the "Greenbook" and compacted to achieve a minimum 95% relative compaction per ASTM D-1557. Construction shall be in accordance with Section 302-5, Asphalt Concrete Pavement, of the 2018 "Greenbook", and this Contract 302-5.3 Prime Coat. [Replace with the following] A prime coat will not be required for this project. 302-5.5 Distribution and Spreading. [Add the following]: All final lifts shall be 1'/" thick unless otherwise approved by the Engineer. Where new asphalt pavement is being constructed adjacent to an overlay, the final lift of the new pavement and the overlay shall be placed concurrently. A-1 Due to the nature of the project, it may be infeasible to place asphalt using a self-propelled spreading and finishing equipment. As approved by the Engineer, the contractor may place asphalt by hand or other means necessary to achieve the configuration shown on the plans. Asphalt may be reheated in situ to blend asphalt into prior days installation and as needed to achieve the lines and grades shown on the plans. Asphalt delivered on a prior day but not installed shall not be incorporated into the work. All paving machines, rollers and Automatic Screed Control equipment including size, number and type, and other asphalt placing equipment are subject to the approval of the Engineer. 302-5.6 Rolling 302-5.6.1 General [Add the following] Due to the nature of the project, in lieu of rolling, the contractor may compact asphalt by Plate Compactor, by hand, or by other means as approved by the Engineer. 302-5.6 2 Density and Smoothness [Delete the first paragraph] No deviations or depressions ("birdbaths") greater than 1/8 of an inch in six feet shall be accepted. Portland Cement Concrete materials shall conform Section 303-5, Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways, of the Greenbook, and this Contract, and pursuant to the details shown on the latest edition of City Improvement Standard Drawings for sidewalk and curb Standard No. 401. Prior to pouring concrete for sidewalk, the existing subgrade material shall be moisture conditioned and compacted to achieve a minimum 95% relative compaction pursuant to ASTM D-1557. The Contractor and City may mutually agree to make modifications to the configuration of the track to better fit field conditions, improve rideability, or address other issues. However, under no circumstances shall the total impervious area (including the ADA path of travel) exceed 5,000 square feet or the total cost of the contract exceed $60,000.00. With the exception of materials or other items specifically identified to be provided by the City, the Contractor shall provide all labor, materials, tools, equipment, and all other items or manpower necessary to complete the work. All work shall be compliant with all relevant standards and applicable laws complete, in place, and ready for its intended use and purpose. PREPARATORY WORK In advance of construction, the Contractor agrees: 1. To provide dimensions of the pad to be graded. 2. To provide a drainage plan for the track. In advance of construction, the City agrees: 1. To provide approximately 400 cubic yards Class 2 aggregate base material for Contractor's use in constructing the project (material data sheet attached). 2. To clear and grub turf, excavate the track pad 3' below existing grade, and fill with 400 cubic yards of Class 2 aggregate base described in Item 1 above. Excavated native material will be stockpiled for the Contractor to use for finish slope grading after paving is complete. A-2 3. To provide a point of connection of the existing park drainage system to interior locations of the track per the drainage plan provided by the Contractor. A-3 f Wolf Creek Park Infill Mini Pump Track (Site Map) �+ 7 Proposed) Track r A-4 Y i b, - -, 3 q lwt i V., JFJ 45850 Wulf Crttk Dr. North Temrcula, CA 9?592 Logond Pgrcely tarty of Temecula BouMory wc;s_ivsa_wee_Ma2m� n�uery sme+e � U ��emlae Oeagrwncs Gawp Le Legend: C TOtal area Slopes Pump TraON PWO-s COnnecoons _ Salery hoe C U Dfamage note 0 ` y c Access Palo a�'p4-1 c �a U _ Specification: 0 Total Area: 6,697 sq ft -,.If- Alpha@ Surfice: 2,704 sq It Green Area: 4,863 sq It Q E a Pump Track Length: 261 tl Kid. Tract Length:0 It - U Safety line Length (Total): 155 ft U Nu1rlDar of Drainage Holes: 2 U O o DESIGN PLAN =m -w.-. •. .r rn •nw r�.r •k ir• a A-5 ALL AMERICAN ASPHALT -- ALL AMERICAN AGGREGATES 400 E Sixth Street, P.O. BOX 2229, CORONA, CA 92675-2229 S rATE CONTRACTORS LICENSE 8267073•A 10/ 15/2021 Quote 4 : 6708917 City of Temecula Re: Certificate of Compliance/Aggregate Base Business Park Drive Please accept this letter as our Certificate of Compliance for Aggregate Base in accordance with The Standard Specifications for Public Works Construction Section 200- 2.4; CMB Fine. Sieve Size % Passine CMB Fine 1" 100 100 '/4" 95 90 - 100 %' 81 - 3/8" 69 55 - 75 #4 44 35 - 60 #8 34 #30 18 10 - 30 #200 6 2 - 9 R-Value 81 78 Min S.E. 65 35 Min Durability Index 47 35 Min Maximum Density 127.3 PCF @ 8.5% Moisture The Aggregate Base is 100% Recycled and will be shipped from our Corona Facility. Should any further assistance be needed please call at any time. Sincerely, Robert S. Schwartz Technical Services Manager All American Asphalt A-6 EXHIBIT "B" PAYMENT RATES AND SCHEDULE Material quantities in cost estimate is for estimating purposes only. Total fee shall be a cost not to exceed of $60,000.00 paid on a monthly basis based on the percentage of the project completed each month. A 5% retention will be held on each monthly progress payment. e-1 601 McKinley Joplin, MO 64801 Local 417-206-6816 Fax 417-206-6888 sales@americanrampcompany.com WWW.AMERICAN RAM PCOM PANY.COM Wolf Creek Park - Mini Pumptrack - Schedule of Values Description: Mini Pumptrack Unit Qty Drainage and Roughing SF 6,896 Base Grading (and compaction) SF 4,236 Fine Grading (sculpting and contouring compaction) SF 4,236 Asphalt Contouring, (shaping and compaction) SF 3,389 Description: Materials & Lodging Unit Qty Asphalt Tons 53 Aggregate Base Material CY 400 Accommodations Days 12 Description Unit Qty Conceptual Design Package EA 1 Machinery Weeks 1 Construction Documents (internal Light Set Only) EA General Conditions EA Mobilization Total $ 60,000 *Pipes need to be ready and stubbed out before our arrival. *Aggregate base material needs approved & delivered to site before arrival. *Aggregate base material quantities are estimates. City responsible for extra if needed. *Reflects discounted pricing particular to the Wolf Creek project only. EXHIBIT "C" CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS BOND NO. LABOR AND MATERIALS BOND for INFILL MINI PUMP TRACK AT WOLF CREEK PARK PROJECT NO. PW21-05 KNOW ALL PERSONS BY THESE PRESENTS: THAT, WHEREAS, the City of Temecula has awarded to: American Ramp Company ATTN: Josh Willis 601 McKinley Ave Joplin, Missouri 64801 Hereinafter called "Contractor," a contract for the work described as follows: INFILL MINI PUMP TRACK AT WOLF CREEK PARK, PROJECT NO. PW 21-05, 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 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 sixty thousand dollars ($60,000.00) 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 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. C-1 As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable 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 day of , 20_ (Seal) SURETY PRINCIPAL 0 (Name) (Name) (Title) (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney In (Name) (Title) Attach Notarial Acknowledgement or Jurat for both the Surety and Principal Signatures c-2 EXHIBIT "D" CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS BOND NO. PERFORMANCE BOND for INFILL MINI PUMP TRACK AT WOLF CREEK PARK PROJECT NO. PW21-05 KNOW ALL PERSONS BY THESE PRESENTS: THAT, WHEREAS, the City of Temecula, State of California, entered into a contract on this 16T" day of March 2022, hereinafter called "Contract," with: American Ramp Company ATTN: Josh Willis 601 McKinley Ave Joplin, Missouri 64801 Hereinafter called "Principal," for the work described as follows: INFILL MINI PUMP TRACK AT WOLF CREEK PARK, PROJECT NO. PW 21-05, and WHEREAS, the said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract. NOW, THEREFORE, WE, the Principal, and 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 in the penal sum of sixty thousand dollars ($60,000.00), lawful money of the United States, for the payment of which sum 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 the Principal, its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract, and in any alteration thereof made as therein provided, on its part to be kept and performed, at the time and in the manner therein specified, in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. 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 95 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. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the day of , 20_ (Seal) SURETY la PRINCIPAL M (Name) (Name) (Title) (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney In (Name) (Title) Attach Notarial Acknowledgement or Jurat for both the Surety and Principal Signatures WA EXHIBIT "E" CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CAL/OSHA COVID-19 INFECTION PREVENTION IN CONSTRUCTION for INFILL MINI PUMP TRACK AT WOLF CREEK PARK PROJECT NO. PW21-05 E-1 STAYS QF CALIFQpN1A CSNA ➢{PARiMENT OF I N UUSTPIAL FEIAYlQNS SAFETY AND HEALTH GUIDANCE COVID-19 Infection Prevention in Construction October 27, 2020 California employers are required to establish and implement an Injury and Illness Prevention Program (IIPP) to protect employees from all worksite hazards, including infectious diseases. This guidance does not impose any new legal obligations. It contains information for construction employers on ways to update their IIPPs to include information on employee training and preventing the spread of coronavirus (SARS-CoV-2), the virus that causes COVID-19, at construction sites. This is mandatory in most California workplaces since COVID-19 is widespread in the community. Train Employees on COVID-19 Provide training in a form that is readily understandable by all employees on the following topics: • Information related to COVID-19 from the Centers for Disease Control and Prevention (CDC) — check for updates frequently — including: • What COVID-19 is and how it is spread. • Preventing the spread of COVID-19 if you are sick. Symptoms of COVID-19 and when to seek medical attention. How an infected person can spread COVID- 19 to others even when they don't feel sick. • California's COVID-19 Industry Guidance for Construction. • The importance of frequent hand -washing with soap and water (or using hand sanitizer as a last resort where employees cannot feasibly get to a sink or hand -washing station), including: Following CDC guidelines to scrub for at least 20 seconds. • When employees arrive at work and before they leave work. • Before and after eating or using the toilet. • After close interaction with other persons. After contacting shared surfaces, equipment or tools. • Before and after wearing masks or gloves. • After blowing nose or sneezing. NOTE: Hand sanitizers must have at least 60% ethyl alcohol. They are less effective than hand - washing in preventing the spread of COVID-19 but can be used as an interim measure if a hand - washing station is not immediately available. • Maintaining more than six feet of separation with others and eliminating close contact with others (see Physical Distancing information on next page). • Methods to avoid touching eyes, nose and mouth. • The mandatory use of cloth face coverings, as required by the California Department of Public Health (CDPH) guidelines, including: Cloth face coverings are not personal protective equipment (PPE) and do not protect the person wearing the face covering. CDC has issued guidelines that everyone should use cloth face coverings when around other persons. (Continued on next page) Cloth face coverings can help protect people near the wearer, but do not replace the need for physical distancing and frequent hand -washing. Employees should wash or sanitize hands before and after using or adjusting face coverings. Face coverings should be washed after each shift and should be discarded if they no longer cover the nose and mouth, have stretched out or damaged ties or straps, cannot stay on the face, or have holes or tears. The employer is responsible for providing and ensuring employees use face covers at work. Coughing and sneezing etiquette, including covering a cough or sneeze with a tissue or a sleeve instead of a hand. • Safely using cleaners and disinfectants, which includes: Carefully following label directions The hazards of the cleaners and disinfectants used at the worksite. • Ventilation requirements. • Wearing personal protective equipment (such as gloves). o Ensuring cleaners and disinfectants are used in a manner that does not endanger employees. The importance of not coming to work if they have symptoms of COVID-19 as described by the CDC, such as a fever or chills, cough, shortness of breath or difficulty breathing, fatigue, muscle or body aches, headache, new loss of taste or smell, sore throat, congestion or runny nose, nausea, vomiting, or diarrhea or if they live with or have had close contact with someone who has been diagnosed with COVID-19. To seek medical attention if the symptoms become severe, including persistent pain or pressure in the chest, confusion, or bluish lips or face. Updates and further details are available on CDC's webpage. Use repeated safety stand -downs or toolbox/ tailgates — while maintaining physical distancing — to re-emphasize the training. Designate a site -specific COVID-19 officer at every job site to observe and ensure site workers are implementing what they have been trained to do. Information on employer or government - sponsored leave benefits the employee may be entitled to receive that would make it financially easier to stay at home. See additional information on government programs supporting sick leave and workers' compensation for COVID-19, including employees' sick leave rights under the Families First Coronavirus Response Act, and employees' rights to workers' compensation benefits and presumption of the work -relatedness of COVID-19 pursuant to the Governor's Executive Order N-62-20 while that Order is in effect. Some cities and counties also require employers to provide sick leave benefits to employees. Increase Cleaning and Disinfection Establish and implement the following procedures to help prevent the spread of COVID-19: • Make hand -washing stations more readily available and encourage their use. Employers should change productivity expectations to allow extra time for employees to wash their hands thoroughly and frequently. Establish procedures to routinely clean and disinfect commonly touched surfaces and objects (e.g., door handles, steering wheels, touch screens, mobile equipment controls, carts, shared power tools) throughout the workday, including: Using disinfectants that are EPA -approved for use against the virus that causes COVID- 19. o Providing EPA -registered disposable wipes for employees to wipe down commonly used surfaces before and after use. Following the manufacturer's instructions for all cleaning and disinfection products (e.g., safety requirements, protective equipment, proper dilution, contact time). Following safe work practices such as never mixing products together and using adequate ventilation. (Continued on next page) Cleaning visibly dirty surfaces first before disinfection. Disinfectants are less effective if used on soiled surfaces. Ensuring there are adequate supplies to support cleaning and disinfection practices, including cleaning products and tools and chemical resistant gloves. Make sure disinfectants are available to workers throughout the worksite. Cleaning and disinfecting vehicles between shifts and between workers. Increase Physical Distancing When used with face covers, physical distancing, also referred to as social distancing, is an infection control measure that can stop or slow down the spread of an infectious disease by limiting contact between people. Use the following distancing measures: • Practice physical distancing at all times, including during work, breaks and in vehicles. • Plan for office staff to have the ability to work from home. • Stagger break and lunch times and spread out where employees spend their breaks by providing additional seating and shade areas. • Limit crew size by staggering or increasing the number of work shifts. • Maintain separation of six feet or more during work: • Limit the number of employees gathered at the start of a shift, in break areas or during trainings and other meetings to allow employees to spread out. • Limit the number of personnel riding construction passenger elevators at one time. • Ensure employees allow for at least 6 feet of clearance between each other when lining up for the lunch truck and restrooms. • Hold meetings electronically rather than in person whenever possible. • Perform job interviews and orientations over the phone or using video conferencing. • Identify choke points where workers are forced to stand together (e.g. hallways, hoists, buses) and control them. Provide additional seating and shade structures. If employees are dispatched from a hiring hall, encourage the hiring hall to implement physical distancing measures, such as using additional locations for dispatch. • Limit interaction with other contractors. o Where possible, limit the number of trades in the same area at the same time. Maintain distance during interactions and deliveries. Encourage employees to avoid large gatherings and practice physical distancing during non - work hours. • Create specific instructions for deliveries to your worksites. Establish a drop-off location and all the procedures to be used at the drop-off point. • Create signage to easily identify drop-off points. Include contact information on the signs to assist with questions leading up to delivery and upon arrival. • Create procedures to disinfect deliveries, such as wiping down boxes and delivered items. • Provide alternative methods to reduce the spread of infection when physical distancing is not possible. Engineering controls such as physical barriers between workers and face coverings can help reduce community spread of the virus. In addition to physical distancing, provide face coverings or ensure employees use their own face coverings. Ensure they are used in accordance with CDPH and CDC guidelines. At this time, health experts do not recommend the use of respirators by the general public for protection against COVID-1 9. However, employers must provide them to workers in the construction industry when needed to protect against other respiratory hazards. (Continued on next page) Ensure Good Hygiene Practices Ensure toilets and hand -washing facilities are readily accessible to all employees at all times Employers should adjust productivity expectations to allow extra time for employees to thoroughly and frequently wash their hands. • Restrooms must be clean and sanitary. • Hand -washing facilities must be located at or near the restrooms. • Soap or other suitable cleansing agent and single -use towels must be provided. • Additional hand -washing supplies should be placed as close to work areas and break areas as possible to allow for frequent hand -washing • Encourage more frequent hand -washing. • Encourage more thorough hand -washing. Hands should be washed with soap and water for at least 20 seconds. • For delivery drivers, normally accessible restrooms on routes (e.g., restaurants, coffee shops) may be closed. Employers should provide employees alternative restroom locations and allow time for employees to use them. • If employees have limited access to hand - washing or hand sanitizing, employees as a last resort can use disposable gloves to limit hand contact with potentially contaminated surfaces. Employers should encourage employees to change gloves frequently and before touching their face, smoking, eating or using the restroom. In addition, provide an adequate supply of gloves and make them readily available. Employees should wash or sanitize hands as soon as possible after removing gloves. • Provide hand sanitizer throughout worksites and to delivery drivers for times when access to soap and water may be limited. • If respirators and other PPE are worn to protect against other hazards at work, hands should be washed before putting on PPE and after taking it off. Reusable PPE should be cleaned and sanitized per manufacturers' instructions. Implement Safe Work Practices • Limit the sharing of tools as much as possible. If tools must be shared try to group them to be used by people who reside together or travel to work together. Shared tools must be sanitized between users. • If fans or other means of ventilation are used on the job, place them to avoid blowing air from one worker or group of workers to another. Encourage workers to drive to worksites or parking areas by themselves. They should avoid having passengers or carpooling together unless they are already sheltering in place together. If carpooling cannot be avoided riders should sit as far apart as possible, wear face coverings and wash hands after the trip. • Discourage shaking hands. • Discourage the sharing of food and water. Provide single use bottles rather than using shared water stations or dispensers. What to do with Workers Who Might Be Sick with COVID-19 • Immediately send employees with COVID-19 symptoms home or to medical care as needed. • Actively encourage sick employees to stay home. • Ensure employees who received a COVID-19 diagnosis return to work only after meeting the criteria in the CDPH Guidance on Returning to Work or School Following COVID-19 Diagnosis. • Ensure employees who return to work following an illness promptly report any recurrence of symptoms. • Employees who are well but who have a sick family member at home with COVID-19 should notify their supervisor and follow CDC - recommended precautions. (Continued on next page) Encourage sick workers to stay home by implementing work policies that do not penalize workers for missing work because they have been diagnosed with COVID-19. Consider paid sick leave benefits to help prevent the spread among workers who might otherwise work out of economic necessity. Educate eligible employees on other benefits they can access if symptoms, illness or caring for an ill family member prevents them from working. The Families First Coronavirus Response Act requires certain employers to provide employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19. Certain counties and cities also require employers to provide sick leave benefits to workers. • If someone goes home because they are sick, the area where the person worked and the tools and equipment they used should be disinfected prior to use by others. Establish procedures to notify local health officials upon learning that someone has a COVID-19 infection. These officials will help employers determine a course of action. Employers can implement health screening programs to ensure that employees showing up to work are healthy. Employers may choose to prohibit employees with a high temperature (100.4 degrees F or higher) from entering the worksite. Train employees on self -screening before they come to work. If conducting workplace screening, provide employees performing screening with appropriate personal protective equipment. In light of personal protective equipment shortages, use gloves, eye protection and a face covering. Have screened employees wear a face covering or cover their nose and mouth with cloth or other material during screening. Use touchless thermometers. Ensure screeners maximize their distance from the employee being screened. (Continued on next page) Additional COVID-19 Resources for Construction • California Coronavirus (COVID-19) Response • California Coronavirus (COVID-19) Response. COVID-19 Industry Guidance: Construction • California Division of Occupational Safety and Health. Cal/OSHA Interim Guidelines for General Industry on 2019 Novel Coronavirus Disease (COVID-19) Cal/OSHA Injury and Illness Prevention Program • Log 300 recordkeeping requirements • Reporting Work -Connected Injuries - Section 342 • California Department of Public Health. Asthma -Safer Cleaning and Disinfecting • California Department of Public Health. Guidance for the Use of Face Coverings • California Department of Public Health. Guidance on Returning to Work or School Following COVID-19 Diagnosis • California Labor and Workforce Development Agency. Coronavirus 2019 (COVID-19) Resources for Employers and Workers • Centers for Disease Control and Prevention. Coronavirus Disease (COVID-19) Centers for Disease Control and Prevention. What Construction Workers Need to Know about COVID-19 • Centers for Disease Control and Prevention. Coronavirus Disease (COVID-19): How It Spreads • Centers for Disease Control and Prevention. Coronavirus Disease (COVID-19): Interim Guidance for Businesses and Employers • Centers for Disease Control and Prevention. Coronavirus Disease (COVID-19): Recommendation Regarding the Use of Cloth Face Coverings Centers for Disease Control and Prevention. Coronavirus Disease (COVID-19): Steps to help prevent the spread of COVID-19 if you are sick • Centers for Disease Control and Prevention. Coronavirus Disease (COVID-19): Symptoms • Centers for Disease Control and Prevention. Coronavirus Disease. Discontinuation of Isolation for Persons with COVID-19 Not in Healthcare Settings (Interim Guidance) • Centers for Disease Control and Prevention. Coronavirus Disease (COVID-19): Cleaning and Disinfecting Your Facility • Federal OSHA: COVID-19 • Federal OSHA: COVID-19 - Control and Prevention/Construction Work • Federal OSHA: Protecting Workers Who Use Cleaning Chemicals • Los Angeles County: COVID-19: What you need to know about cloth face coverings • New York Times: How to Stop Touching Your Face • Ohio Department of Health. COVID-19 Information for Businesses and Employers: Screening Employees for COVID-19 • The Center for Construction Research and Training (CPWR): COVID-19 Resources (English), (Spanish) • U.S. Environmental Protection Agency: Disinfectants for Use Against SARS-CoV-2 (the virus that causes COVID-19) • U.S. Department of Labor. Families First Coronavirus Response Act: Employee Paid Leave Rights STATE OF CALIPCRNIA OSHA 0"'"MENT OF INCUSTHIAL FELATICNS Guidance Revision and Updates July 20, 2020: Added information on the use of face coverings as reflected in the June 18, CDPH Face Covering Guidance. Also added information on the government -sponsored leave benefits and Governor's Executive Order N-62-20. October 27, 2020: Updated criteria for when to return to work after a COVID-19 diagnosis, adding reference to CDPH Guidance on Returning to Work or School Following COVID-19 Diagnosis. f C ( The Heart of Southern California Wine Country City of Temecula Fiscal Years 2023-27 Capital Improvement Program BIKE LANE AND TRAIL PROGRAM - INFILL MINI PUMP TRACK Infrastructure Project Project Description: The City opened the Ronald Reagan Sports Park Pump Track in November of 2019. The Mini Pump track was also opened in December of 2020 at the same site. The projects have mostly positive post construction feedback and a consistently high use rate. In order to bring this type of usage to other locations in the City, staff is investigating existing park sites or other City owned properties where a mini pump track or bike skills area that is similar in cost and scale to the Mini Pump Track at RRSP. Benefit: This project supports healthy and active lifestyles by promoting recreation programs, parks, trails, and facilities. In addition, this project satisfies the City's Core Values of A Sustainable City and Transportation Mobility and Connectivity. Core Value: A Sustainable City Project Status: Project is estimated to be complete by Fiscal Year 2021-22. Department: Public Works - Account No. 210.265.999.761 Level: I 2022-23 Prior Years 2021-22 Baseline 2023-24 2024-25 2025-26 2026-27 Total Project Project Cost: Actuals Adjusted Budget Projected Projected Projected Projected Cost Administration 30,000 30,000 Construction 270,000 270,000 Total Expenditures 300,000 300 000 Source of Funds: Measure S 300,000 300,000 Total Funding; 300,000 300,000 Future Operating & Maintenance Costs: Total Operating Costs TEMECUI A Wolf Creek Park Infill Mini Pump Track Site Ma 188.1 0 94.04 1A8.1 Fml This map r. a uw genareied a "c outjrrt from an rnt [ mapping stse and m for reference only. � Wyera that annrw m thk man— m n-v m 1- arsx W raYrenl n<nawrwisa rAmhb WGS_19M Wah M—=r A,. ory_Spl-- f,LaliWde Geogrepmi. croup Ltd. 45850 Wolf Owk Dr. North Temecula, CA 92592 Legend I ParC91s G[y cd Ternewla Boundary IC 1:1,128 Item No. 20 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick A. Thomas, Director of Public Works/City Engineer DATE: April 12, 2022 SUBJECT: Approve Agreement Pursuant to Government Code Section 66462.5 Between City of Temecula and Woodside 05S, LP and Wingsweep Corporation Regarding Acquisition of Property Interests in Connection with Nicolas Road/Calle Girasol Improvements PREPARED BY: Anissa Sharp, Office Specialist II Ron Moreno, Principal Civil Engineer RECOMMENDATION: That the City Council take the following actions: 1. Adopt a resolution entitled: RESOLUTION NO. 2022- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AGREEMENT PURSUANT TO GOVERNMENT CODE SECTION 66462.5 BETWEEN WOODSIDE 05S, LP AND WINGSWEEP CORPORATION AND CITY OF TEMECULA FOR ACQUISITION OF CERTAIN PROPERTY INTERESTS (CALLE GIRASOL/NICOLAS ROAD CONNECTION) 2. Authorize the City Manager to execute all necessary documents and take all steps necessary to effectuate the purposes of the Agreement. BACKGROUND: The City originally approved the Development Agreement between the City of Temecula and Ashby USA, LLC (also known as the Pre -annexation and Development Agreement) pursuant to Ordinance No. 02-14. The Development Agreement was recorded on January 9, 2003 as Document No. 2003-018567 in the Official Records of the County of Riverside. The Development Agreement was amended pursuant to: (1) the First Amendment to the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated February 14, 2006 and recorded on March 7, 2006 in the Official Records of Riverside County as Document No. 2006-0162268; (2) the Second Amendment to the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated April 23, 2013 and recorded on July 3, 2013 in the Official Records of Riverside County as Document No. 2013-0324057, and (3) the Third Amendment to the Development Agreement dated March 8, 2016, and recorded on April 20, 2016 in the Official Records of Riverside County as Document No. 2016-0156276. Developer Woodside 055, LP, a California Limited Partnership and Wingsweep Corporation, a California corporation are the successors to certain of these approved applications for development and propose to construct the Sommers Bend Project ("Sommers Bend Project" or "Development Project"). To facilitate the orderly development of the Sommers Bend Project, the Third Amendment to the Development Agreement was approved subject to certain conditions set forth on Exhibit D to said Third Amendment. Specifically, Condition 3.A. to Exhibit D contained a specific condition of approval requiring Developer to construct certain off -site public improvements in connection with the Nicolas Road and Calle Girasol Street Improvements (Project Numbers: LD20-1114, PW20- 14) ("Nicolas/Calle Girasol Street Improvements"). Construction of these Nicolas/Calle Girasol Street Improvements involves the acquisition of certain real property interests from four parcels that are neither owned by the Developer or City (hereby referenced as "Off -site Properties") described in the Exhibits to the attached Agreement Pursuant to Government Code Section 66462.5 Between Woodside 05S LP and Wingsweep Corporation and City of Temecula for Acquisition of Certain Property Interests (Calle Girasol/Nicolas Road Connection) ("Agreement"). The property interests required from the Off -site Properties include certain temporary construction easements, rights to construct certain improvements, permanent maintenance and access easements, and a conservation easement from four parcels in connection with the Nicolas/Calle Girasol Improvements. Pursuant to Government Code Section 66462.5, when a condition of a subdivision map approval or a development agreement requires the installation or construction of improvements on off -site property not owned or controlled by a developer, and title cannot be obtained by negotiated purchase, a city is required to commence proceedings to acquire off -site property by eminent domain or such off -site improvement conditions will be waived. Pursuant to Government Code Section 66462.5(c), a city and a developer may enter into an agreement to allocate the costs and responsibilities for acquisition of such off -site property. The City and the Developer negotiated the terms of the attached Agreement Pursuant to Government Code Section 66462.5. The Agreement includes the following terms: • It outlines the steps the City will follow to acquire the Off -site Properties. Under the Agreement, the City has exclusive control of the acquisition of the Off -site Properties, and the sole and exclusive discretion to adopt a resolution of necessity to authorize the acquisition of said property interests by eminent domain. • It provides that the City and Developer will cooperate with each other in connection with the acquisition process and keep each other fully advised of the progress of the acquisition of the Off -site Properties. • It provides that the Developer is solely rsponsible for all costs relating to the acquisition of the Off -site Properties. • It provides that Developer will deposit $80,000 with the City. The City will deposit said sum in a Separate Fund that will be used towards the acquisition costs. Developer is required to maintain the balance in the Separate Fund at $20,000. • It also provides that if Devleoper independently acquires any of the Off -site Properties by negotiated purchase after an eminent domain proceeding is filed by the City, Developer will immediately notify the City. In such case, City will take steps to abandon all or any unnecessary part of the proceeding. Developer is responsible for any and all costs relating to any such abandonment, including all costs, expenses, and/or damages related thereto, including but not limited to condemnee's recoverable costs and/or recoverable attorneys' fees under Code of Civil Procedure Seciton 1268.610 et seq. Acquisition of the specified Off -site Properties are necessary to construct the Nicolas/Calle Girasol Improvements. FISCAL IMPACT: Woodside 055, LP, a California Limited Partnership and Wingsweep Corporation, a California Corporation are responsible for all of the City's acquisition costs pursuant to that certain Agreement Pursuant to Government Code Section 66462.5. ATTACHMENTS: 1. Resolution 2. Acquisition Agreement RESOLUTION NO.2022- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AGREEMENT PURSUANT TO GOVERNMENT CODE SECTION 66462.5 BETWEEN WOODSIDE 05S, LP AND WINGSWEEP CORPORATION AND CITY OF TEMECULA FOR ACQUISITION OF CERTAIN PROPERTY INTERESTS (CALLE GIRASOL/NICOLAS ROAD CONNECTION) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. A. The City of Temecula ("City") is a municipal corporation, located in the County of Riverside, State of California. B. The City originally approved the Development Agreement between the City of Temecula and Ashby USA, LLC (also known as the Pre -annexation and Development Agreement) pursuant to Ordinance No. 02-14. The Development Agreement was recorded on January 9, 2003 as Document No. 2003-018567 in the Official Records of the County of Riverside. The Development Agreement was amended pursuant to: (1) the First Amendment to the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated February 14, 2006 and recorded on March 7, 2006 in the Official Records of Riverside County as Document No. 2006-0162268; (2) the Second Amendment to the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated April 23, 2013 and recorded on July 3, 2013 in the Official Records of Riverside County as Document No. 2013-0324057, and (3) the Third Amendment to the Development Agreement dated March 8, 2016, and recorded on April 20, 2016 in the Official Records of Riverside County as Document No. 2016-0156276. Developer Woodside 05S, LP, a California Limited Partnership and Wingsweep Corporation, a California corporation (collectively "Developer") are the successors to certain of these approved applications for development and propose to construct the Sommers Bend Project ("Sommers Bend Project" or "Development Project"). C. To facilitate the orderly development of the Sommers Bend Project, the Third Amendment to the Development Agreement was approved subject to certain conditions set forth on Exhibit D to said Third Amendment. Specifically, Condition 3.A. to Exhibit D contained a specific condition of approval requiring Developer to construct certain off -site public improvements in connection with the Nicolas Road and Calle Girasol Street Improvements (Project Numbers: LD20-1114, PW20-14) ("Nicolas/Calle Girasol Street Improvements"). D. Satisfaction of the Nicolas/Calle Girasol Street Improvements involves the acquisition of certain real property interests from four parcels that are neither owned by the Developer or City (hereby referenced as "Off -site Properties") described in the Exhibits to the attached Agreement Pursuant to Government Code Section 66462.5 Between Woodside 05S, LP and Wingsweep Corporation and City of Temecula for Acquisition of Certain Property Interests (Calle Girasol/Nicolas Road Connection) ("Agreement"). The property interests required from the Off -site Properties include certain temporary construction easements, rights to construct certain improvements, permanent maintenance and access easements, and a conservation easement in connection with the Nicolas/Calle Girasol Improvements. E. Pursuant to California Government Code Section 66462.5, when a condition of a subdivision map approval or a development agreement requires the installation or construction of improvements on off -site property not owned or controlled by a developer, and title cannot be obtained by negotiated purchase, a city is required to commence proceedings to acquire off -site property by eminent domain or such off -site improvement conditions will be waived. Pursuant to Government Code Section 66462.5(c), a city and a developer may enter into an agreement to allocate the costs and responsibilities for acquisition of such off -site property. The City and the Developers negotiated the terms of the attached Agreement pursuant to Government Code Section 66462.5. F. Under the Agreement, City will follow the pre -acquisition steps for acquisition of the Off -site Properties. The Agreement provides that City has- exclusive control of the acquisition of the Off -site Properties, and the sole and exclusive discretion to adopt a resolution of necessity to authorize the acquisition of said property interests by eminent domain. It also provides that the City and Developer will cooperate with each other in connection with the acquisition process and keep each other fully advised of the progress of the acquisition of the Off -site Properties. It provides that the Developer is solely responsible for all costs relating to the acquisition of the Off -site Properties. It provides that Developer will deposit $80,000 with the City. The City will deposit said sum in a Separate Fund that will be used towards the acquisition costs. Developer is required to maintain the balance in the Separate Fund at $20,000. It also provides that if Developer independently acquires any of the Off -site Properties by negotiated purchase after an eminent domain proceeding is filed by the City, Developer will immediately notify the City. In such case, City will take steps to abandon all or any unnecessary part of the proceeding. Developer is responsible for any and all costs relating to any such abandonment, including all costs, expenses, and/or damages related thereto, including but not limited to condemnee's recoverable costs and/or recoverable attorneys' fees under Code of Civil Procedure Section 1268.610 et seq. Section 2. Approval of Agreement. The City hereby approves that Government Code Section 66462.5 Agreement Between Woodside 055, LP and Wingsweep Corporation and City of Temecula for Acquisition of Certain Property Interests (Calle Girasol/Nicolas Road Connection). Section 3. City Manager Authority. The City Manager is authorized to execute all necessary documents and to take all steps necessary steps to effectuate the purposes of the Agreement. Section 4. Certification. The City Clerk shall certify the adoption of this Resolution. 2 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of April, 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 121h day of April, 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk AGREEMENT PURSUANT TO GOVERNMENT CODE SECTION 66462.5 BETWEEN WOODSIDE 05S, LP AND WINGSWEEP CORPORATION AND CITY OF TEMECULA FOR ACQUISITION OF CERTAIN REAL PROPERTY INTERESTS (CALLE GIRASOL/NICOLAS ROAD CONNECTION — NGO, NAVEJAR, SINGH AND GARCIA PROPERTIES) This Agreement Pursuant to Government Code Section 66462.5 BETWEEN WOODSIDE 05S, LP AND WINGSWEEP CORPORATION AND CITY OF TEMECULA FOR ACQUISITION OF CERTAIN REAL PROPERTY INTERESTS (CALLE GIRASOL/NICOLAS ROAD CONNECTION) (the "Agreement") is entered into between WOODSIDE 05S, LP, a California Limited Partnership, and WINGSWEEP CORPORATION, a California corporation (collectively hereinafter called "Developer"), on the one hand, and the CITY OF TEMECULA, a municipal corporation ("City"), on the other hand. This Agreement is effective on the date it is fully executed (the "Effective Date"). Developer and City are sometimes jointly referred to in this Agreement as the "Parties." In consideration of the Recitals below, the mutual covenants set forth in this Agreement, and for the further consideration described in this Agreement, the Parties agree as follows: 1. Recitals. The Parties hereto acknowledge and agree that this Agreement is made with respect to the following facts and purposes that each agrees to be true and correct. A. Developer is the successor to certain approved applications for development of a residential project ("Sommers Bend Project") on that certain real property of Developer known as Roripaugh Ranch Phase II and generally located adjacent to Butterfield Stage Road and Murrieta Hot Springs Road in the City of Temecula ("Subject Property" or "Phase II Property"); B. The Development Agreement between the City of Temecula and Ashby USA, LLC (also known as the Pre -annexation and Development Agreement) was initially approved by Ordinance of the City Council on December 17, 2002 and recorded on January 9, 2003 as Document No. 2003-018567 in the Official Records of the County of Riverside. The Development Agreement was amended pursuant to: (1) the First Amendment to the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated February 14, 2006 and recorded on March 7, 2006 in the Official Records of Riverside County as Document No. 2006-0162268; (2) the Second Amendment to the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated April 23, 2013 and recorded on July 3, 2013 in the Official Records of Riverside County as Document No. 2013-0324057; and (3) the Third Amendment to the Development Agreement dated March 8, 2016, and recorded on April 20, 2016 in the Official Records of Riverside County as Document No. 2016-0156276. Developer is the successor to certain of these approved applications for development and proposes to construct the Sommers Bend Project on the Subject Property. C. To facilitate the orderly development of the Sommers Bend Project on the Subject Property, the Third Amendment to the Development Agreement was approved subject to certain conditions set forth on Exhibit D (New Attachment 5-A to Development Agreement) to the Third 11086.0203/2561643v1 -1- Amendment to the Development Agreement. Specifically, Condition 3(A) to Exhibit D contains a specific condition of approval requiring Developer to construct certain public improvements in connection with Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection ("Nicolas Road Improvements"): Description pf Public Improvement. Complete engineering design and construct full Nicolas Road improvements from Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection. ... Owners of Phase II Property shall be required, on behalf of the City, to provide for all required engineering design, construction plans, CEQA analysis & processing, environmental mitigation measures, right-of-way acquisition, and to obtain all necessary Resource Agency and Riverside County Flood Control and Water Conservation District permits. Resource Agency permits for the offsite portion of Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection were not obtained with the Resource Agency permits for Roripaugh Ranch Phase II. Due to Resource Agency regulations, the offsite portion of Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection should be combined with the permits for the Santa Gertrudis Creek Channel improvements downstream of the existing culverts at Butterfield Stage Road and processed and obtained as a single package. D. The Santa Gertrudis Creek Channel Improvements project was redesigned to remove certain improvements from jurisdictional areas. Based on this, the Parties agree that it may not be necessary for Developer to obtain permits from the Resource Agencies in areas of the Santa Gertrudis Creek Channel Improvements project not within the jurisdiction of the Resource Agencies. Developer will obtain any necessary permits relating to the Nicolas Road Improvements and for any portions of the Santa Gertrudis Creek and Long Valley Wash channel improvements that may require said permits in accordance with applicable law and prior to construction of said improvements. E. Satisfaction of the Nicolas Road Improvements involves real property that is neither owned by Developer or City (referred to below as "Off -site Property"). The Off -site Property that is required to satisfy condition 3(A) consists of certain real property more particularly described and depicted collectively on.Exhibit "One" through Exhibit "Four," which are attached hereto and incorporated herein by this reference. F. Pursuant to California Government Code Section 66462.5, when a condition of a subdivision map approval or a development agreement requires the installation or construction of improvements on off -site property not owned or controlled by a developer, and title cannot be obtained by negotiated purchase, a city is required to commence proceedings to acquire off -site property by eminent domain or such off -site improvement conditions will be waived. Pursuant to 11086.0203/2561643v1 -2� said Section 66462.5, a city and a developer may enter into an agreement to allocate the costs and responsibilities for acquisition of such off -site property. G. Developer has requested that City acquire the Off -site Property pursuant to Government Code Section 66462.5. H. Developer has provided credible evidence that Developer has made a good faith effort to acquire the Off -site Property but has been unable to do so by negotiated purchase. I. City is authorized to acquire property by eminent domain for public use, namely for public street purposes and all uses necessary or convenient thereto, pursuant to Section 19 of Article 1 of the California Constitution, Government Code Sections 37350, 37350.5, 37351, 37353, 40401, and 40404, Code of Civil Procedure Section 1230.010 et seq., and other provisions of law. J. City must comply with the Relocation Assistance Act, Government Code Section 7260 et seq., and the Eminent Domain Law (Code of Civil Procedure Section 1230.010 et seq.), and their implementing regulations, in acquiring property for public improvements ("Public Land Acquisition Statutes"). K. To facilitate the satisfaction of the condition of approval, City and Developer now mutually desire to enter into this Agreement under Government Code Section 66462.5 concerning acquisition of the Off -site Property and to allocate responsibility between the respective Parties. L. This Agreement is solely made in furtherance of the authority granted under Government Code Section 66462.5. The Parties recognize that City cannot exercise its power of eminent domain until the City has satisfied all legally required preconditions under the Public Land Acquisition Statutes, including the adoption of a Resolution of Necessity by the City Council in accordance with applicable law. This Agreement is neither a commitment nor an announcement of an intent by City to acquire any or all of the Off -site Property that may be identified in this Agreement. In the event the City Council, in its sole discretion, adopts a Resolution of Necessity after the required public hearing authorizing the acquisition of the Off -site Property by eminent domain, and elects to commence an eminent domain proceeding, then City will cause the eminent domain proceeding for the acquisition of the Off -site Property (whether fee, leasehold, or otherwise) in and to the Off -site Property to be filed and expeditiously processed to completion by and through the use of City's power of eminent domain. 2. City Acquisition of Off -site Property. A. Developer agrees that City will exercise exclusive control of the acquisition of the Off -site Property and, if necessary, any eminent domain proceeding filed to acquire the Off -site Property. B. Subject to Developer's timely and continuous performance of all elements of this Agreement, City will proceed with the following steps in connection with the proposed acquisition of the Off -site Property: 11086.0203/2561643v1 ^3- (1) City will obtain an appraisal of the Off -site Property in accordance with the requirements of Public Land Acquisition Statutes. (2) City will, in good faith, negotiate with the current owners of the Off -site Property to attempt to acquire the Off -site Property without the necessity of eminent domain proceedings. (3) If such negotiations prove unsuccessful, City Staff will schedule a hearing for the City Council to consider the adoption of a resolution of necessity for acquisition of the Off - Site Property in accordance with applicable law. The City Attorney's Office will file condemnation proceedings for the purpose of acquiring the Off -site Property by eminent domain i£ (1) the City Council, in its sole and exclusive discretion, determines that the City has complied with the Public Land Acquisition Statutes; (2) the City Council considers all of the facts presented at any hearing scheduled for the consideration of the adoption of a resolution of necessity; (3) the City Council, in its sole and exclusive discretion, makes the findings necessary for adoption of a resolution of necessity under the Eminent Domain Law; and (4) the City Council, in its sole and exclusive discretion, determines to adopt a resolution of necessity by the required votes. (4) If the City Council adopts a resolution of necessity, the City Attorney's office will file, on behalf of the City, an eminent domain proceeding promptly following the adoption of such resolution of necessity and will diligently prosecute such proceeding. C. City and Developer will cooperate with each other in connection with the acquisition process and keep each other fully advised of the progress of the acquisition of the Off - site Property. D. Developer agrees that City will exercise exclusive control of the acquisition of the Off -site Property and, if necessary, any eminent domain proceeding filed to acquire the Off -site Property, including but not limited to, exclusive control regarding the selection of consultants, experts, litigation, and settlement. E. Developer agrees that the City Attorney's Office and any experts or consultants retained on behalf of the City in connection with any such eminent domain proceeding do not represent Developer in any capacity and further that Developer is not a third -party beneficiary. F. The Parties further agree that this Agreement can be terminated by the City if the court determines in any condemnation proceeding that the City does not have the right to take the Off -site Property by eminent domain in accordance with the Eminent Domain Law, or if the City determines, in its sole and exclusive discretion, not to adopt a resolution of necessity. 3. Developer Responsible for All Costs of Acquisition. Developer is solely responsible for all Off -site Property acquisition costs, which include, but are not limited to, the costs of title reports and/or litigation guarantees, appraisal costs, litigation expenses, costs for experts and consultants, court costs, attorneys' fees, deposits necessary to take immediate possession of the Off -site Property, deposits reflecting settlement of any suit filed by the City pursuant to a stipulation for entry of judgment and final order of condemnation or settlement agreement, compensation required by a jury verdict as to the value of said Off -site Property, payments for land and improvements on the land, severance damages, fixtures and equipment payments, payments for 11086.0203/2561643v1 -4- loss of business goodwill, relocation benefits, precondemnation damages, relocation expenses, abandonment costs or damages, the Off -site Property owners' statutory costs and litigation expenses authorized by the Eminent Domain Law, Public Land Acquisition Statutes, and any and all fees, costs, and expenses arising from or related to any of the foregoing items, actions, and proceedings. 4. Limitations on City's Ability to Acquire Off -site Property; Time Waiver. The Parties hereto recognize that if the City Council, in its discretion, adopts a resolution of necessity and authorizes the filing of an eminent domain proceeding, the City may not be able to obtain title to the Off -site Property within the time set forth in Government Code Section 66462.5 and in recognition of this potential circumstance the Parties hereby waive the time requirements for action by City as set forth in Government Code Section 66462.5. 5. Deposit of Costs. Concurrently with the execution of this Agreement, Developer will deliver to City the sum of $80,000 (Eighty Thousand Dollars). City agrees to deposit said sum in a separate City account ("Separate Fund") and to use the principal sum, and any interest earned thereon, in furtherance of satisfying the costs specified in this Agreement. A. City will, on a monthly basis, or as often as City deems necessary, provide Developer with an accounting of disbursements from the Separate Fund established pursuant to this Section. In the event disbursements reduce the balance of the fund to $5,000 (Five Thousand Dollars) or less, Developer, within five (5) business days following a written request by City, will deliver to City such additional monies as are necessary to maintain the balance in the separate fund at $20,000. B. Developer agrees to deliver to City, promptly upon demand by City, the entire amount City determines is required by the Eminent Domain Law ("Deposit Amount"), which amount City will deposit with the State Condemnation Fund under Code of Civil Procedure Section 1255.010 et seq. if City and Developer agree that City should seek prejudgment possession of the Off -Site Property. The Deposit Amount may be paid from the Separate Fund, subject to the terms of 5.A above. If during the course of the eminent domain proceeding, City's expert valuation witness or the court determines that the fair market value of the Off -site Property is higher than the Deposit Amount, Developer will deliver this additional amount to City for deposit in the Separate Fund upon five (5) business days following a written request by City or as ordered by any court of competent jurisdiction. City will promptly deposit this additional amount with the State Condemnation Fund or as ordered by the court. C. If for any reason Developer fails to maintain the Separate Fund balance referenced in this Section, or fails to provide the monies as required herein, City may utilize and draw down all or any portion of the improvement security deposited with the City to ensure completion of the Nicholas Road Improvements to pay any of the costs and expenses referenced herein for acquisition of the Off -site Property. City will not commence any activity under or in furtherance of this Agreement until Developer provides City and City agrees with and approves a written acknowledgment from both the Developer and the person, firm, or entity who has provided the referenced security that: (i) City may make a demand on the security for the purposes described in this Agreement; (ii) the surety will promptly pay such monies to City upon City's demand; and (iii) the amount of the security deposit is adequate to fund both the anticipated physical 11086.0203/2561643v1 -$- improvements under the Sommers Bend Project and the anticipated costs of acquisition pursuant to this Agreement. D. When any eminent domain proceeding that was commenced pursuant to this Agreement is concluded, City will remit to Developer the balance of the Separate Fund within sixty (60) days after full payment of just compensation, costs, and all applicable litigation expenses have been made in connection with the acquisition of said Off -site Property. In addition, City will expeditiously withdraw any funds remaining on deposit with the State Condemnation Fund if the eminent domain proceeding is dismissed or abandoned. 6. Developer Acquisition of Property. If Developer should independently acquire all or any portion of the Off -site Property by negotiated purchase after an eminent domain proceeding is filed by City, Developer will immediately notify City of the acquisition. In such case, City will move to abandon all or any unnecessary part of the eminent domain proceeding relating to any portion of the Off -site Property acquired by Developer by negotiation when title to said property is vested in Developer. If a complete or partial abandonment is filed, Developer will bear any and all costs, expenses, and/or damages related thereto, including, but not limited to, any condemnee's recoverable costs and/or recoverable attorneys' fees pursuant to Code of Civil Procedure Section 1268.610 et seq. 7. Miscellaneous. A. Notices. All notices and demands will be given in writing by certified or registered mail, postage prepaid, and return receipt requested, or by overnight carrier. Notices will be considered given upon the earlier of (a) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (b) one (1) business day following deposit with an overnight carrier service. The Parties will address such notices as provided below or as may be amended by written notice: City: CITY OF TEMECULA 41000 Main Street Temecula, CA 92590 Attention: City Manager Copy to: RICHARDS, WATSON & GERSHON 350 South Grand Avenue, 37th Floor Los Angeles, CA 90071 Attention: Peter M. Thorson, City Attorney Developer: WOODSIDE 055, LP 1250 Corona Pointe Court, Suite 500 Corona, CA 92879 Attention: Trent Heiner, Project Manager and 11086.0203/2561643v1 -6- WINGSWEEP CORPORATION UNICOM Plaza, Suite 310 15535 San Fernando Mission Boulevard Mission Hills, CA 91345 Attention: Joseph T. Gauthier, General Counsel Copy to: ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP 1900 Main Street, 5th Floor Irvine, CA 92614 Attention: K. Erik Friess, Esq. B. Further Cooperation. Each party to this Agreement agrees to cooperate by performing any further acts and by executing and delivering any and all additional monies, items, or documents which may be reasonably necessary to carry out the terms and provisions of this Agreement, and each party to this Agreement agrees that it will not act in any manner whatsoever which would hinder, impede, interfere, or prohibit, or make more onerous or difficult the performance of the other party hereto under this Agreement. C. Amendments. Any amendments to this Agreement will be effective only by a writing executed by the Parties to this Agreement. D. Goyernin Law. This Agreement is deemed to have been prepared by each of the Parties hereto, and any uncertainty or ambiguity herein will not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, will be interpreted according to the applicable rules of interpretation of contracts under the laws of the State of California, and not the substantive law of another state or the United States or federal common law. This Agreement will be deemed to have been executed and delivered within the State of California, and the rights and obligations of the Parties will be governed by, and construed and enforced in accordance with, the laws of the State of California. E. Entire Agreement. This Agreement contains the entire agreement between the City and Developer regarding the subject matter of this Agreement. F. Successors and Assigns. This Agreement will be binding upon and inure to the benefit of the heirs, executors, administrators, successors, successors -in -interest, and assigns of the Parties hereto. G. Counterparts. Facsimile and _Electronic Signatures. This Agreement may be executed in whole or in counterparts, which together will constitute the entire Agreement. Facsimile or electronic signatures/counterparts to this Agreement will be effective as if the original signed counterpart were delivered. H. Legal Representation. Each of the Parties acknowledge that in connection with the negotiation and execution of this Agreement, they have each been represented by independent counsel of their own choosing and the Parties executed this Agreement after review by such independent counsel. The Parties further acknowledge that, prior to executing this Agreement, 11086.0203/2561643v1 -7- each of the Parties has had an adequate opportunity to conduct an independent investigation of all the facts and circumstances with respect to the matters that are the subject of said Agreement. I. Attorneys' Fees.. If either of the Parties hereto incurs attorneys' fees in order to enforce, defend, or interpret any of the terms, provisions, or conditions of this Agreement or because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration, or settlement will be entitled to recover reasonable attorneys' fees from the other party. J. Severability. If any part, term, or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if this Agreement did not contain the particular part, term, or provision held to be invalid. K. No Agency or Joint Venture. The terms and provisions of this Agreement will not cause the Parties hereto or any of each Parties' agents, consultants, contractors, or other providers of professional services to be construed in any manner whatsoever as partners, joint venturers, or agents of each other in the performance of their respective duties and obligations under this Agreement, or subject either party to this Agreement to any obligation, loss, charge, or expense of the other party to this Agreement. L. Time of Essence. Time is expressly made of the essence of each and every provision of this Agreement. M. Remedies. No remedy or election hereunder will be deemed to be exclusive but will, wherever possible, be cumulative with all other remedies at or in equity. N. Venue. Venue for any action arising directly or indirectly under this Agreement will be in the Superior Court of Riverside County, California. [SIGNATURES ON NEXT PAGE] 11086 0203/2561643v1 �&- IN WITNESS WHEREOF, the Parties hereof have executed and entered into this Agreement as of the date set forth below. Developer WOODSIDE 05S, LP, a California limited partnership Dat M. Title: 6 K.r 71r' WINGSWEEP CORPORATION, a California limited partnership Date: Title: DEVELOPER'S SIGNATURES MUST BE NOTARIZED CITY OF TEMECULA, a municipal corporation Date: Maryann Edwards, Mayor Attest: Randi Johl, City Clerk Approved as to form: Peter M. Thorson, City Attorney 11086.0203/2561643v1 -9- 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 validitv of that document. State of California County of Riverside On March 4, 2022 before me, Dena Upp a Notary Public (insert name and title of the officer) personally appeared Trent Heiner who proved to me on the basis of satisfactory evidence to be the person() whose name(K is/ass subscribed to the within instrument and acknowledged to me that he/44e44ey executed the same in his/4&kW3eir authorized capacity4es), and that by his/her it signatureW on the instrument the personal, or the entity upon behalf of which the person($) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. PP WITNESS my hand and official seal. DENA i- C 16my Notary Puhlic • Califnmia Riverside County ty Commission # 2320322 1 Comm, Expires Jan 31, 2024 Signature 1 (Seal) IN WITNESS WHEREOF, the Parties hereof have executed and entered into this Agreement as of the date set forth below. Developer WOODSIDE 05S, LP, a California limited partnership Date: LIN Title: WINGSWEEP CORPORATION, a California limited partnership Date: March % 2022 By: Corry S. Hong Title: President & CEO DEVELOPER'S SIGNATURES MUST BE NOTARIZED CITY OF TEMECULA, a municipal corporation Date: HA lann Edwards, Mayor Attest: Randi Johl, City Clerk Approved as to form: Peter M. Thorson, City Attorney 11086.020312561643v1 -9- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California J County of Z10> A `� k� On MtV&� -7, "w-'-Z before me, Date -5, personally appeared Z, '9, %_ (frume�/C- Here Insert Name and Title of the Officer Ah-74 Name(�f, of Signer(' who proved to me on the basis of satisfactory evidence to be the person(La') whose name(sl is/afe subscribed to the within instrument and acknowledged to me that he/s4og4ey executed the same in hislilqe4the- authorized capacity(te4 and that by his/herfthem signature(s� on the instrument the person(*, or the entity upon behalf of which the person(% acted, executed the instrument. R. T, CRUNELLE ` - Notary Public - California <f�- - €�- Los Angeles County Commission k 2252811 My Comm. Expires Aug 5, 2022 Place Notary Seal and/or Stamp Above 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, OPTIONAL Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: ©2017 National Notary Association Number of Pages: Signer's Name: _ ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: FORM OF EXHIBITS EXHIBIT ONE — NGO/TRAN PROPERTY DOCUMENTS Form of Grant of Temporary Construction Easement and Covenant for Construction of Permanent Improvements Exhibit 1 — Description of Grantor's Property, Legal Description Exhibit A — Legal Description of Temporary Construction Easement Exhibit B — Depiction of Temporary Construction Easement Exhibit C — Description of Permanent Improvements to be Constructed within Temporary Construction Easement Portion of Grantor's Property Form of Conservation Easement Exhibit A — Legal Description of Property Exhibit B — Legal Description of Conservation Easement Exhibit C — Depiction of Conservation Easement Exhibit D — Mitigation Plan (to be attached at grant of easement from City to Preserve Manager) Exhibit E — Title Report (to be attached at grant of easement from City to Preserve Manager) Exhibit F — Current Natural Condition of the Easement Area (to be attached at grant of easement from City to Preserve Manager) Exhibit G — Cover Page of Long -Term Management Plan (to be attached at grant of easement from City to Preserve Manager) EXHIBIT TWO — NAVEJAR PROPERTY DOCUMENTS Form of Grant of Temporary Construction Easement and Covenant for Construction of Permanent Improvements Exhibit 1— Description of Grantor's Property, Legal Description Exhibit A — Legal Description of Temporary Construction Easement Exhibit B — Depiction of Temporary Construction Easement Exhibit C — Description of Permanent Improvements to be Constructed within Temporary Construction Easement Portion of Grantor's Property EXHIBIT THREE— GARCIA PROPERTY DOCUMENTS Form of Grant of Temporary Construction Easement and Covenant for Construction of Permanent Improvements Exhibit 1 — Description of Grantor's Property, Legal Description Exhibit A — Legal Description of Temporary Construction Easement Exhibit B — Depiction of Temporary Construction Easement Form of Permanent Maintenance and Access Easement Exhibit A — Legal Description of Permanent Maintenance Easement Exhibit B — Depiction of Permanent Maintenance Easement EXHIBIT FOUR — SINGH PROPERTY DOCUMENTS Form of Grant of Temporary Construction Easement and Covenant for Construction of Permanent Improvements Exhibit 1— Description of Grantor's Property, Legal Description Exhibit A — Legal Description of Temporary Construction Easement Exhibit B — Depiction of Temporary Construction Easement Exhibit C — Description of Permanent Improvements to be Constructed within Temporary Construction Easement Portion of Grantor's Property Form of Permanent Maintenance and Access Easement Exhibit A — Legal Description of Permanent Maintenance Easement Exhibit B — Depiction of Permanent Maintenance Easement Form of Southern California Edison Easement -2- EXHIBIT ONE NGO/TRAN PROPERTY DOCUMENTS FORM OF TEMPORARY CONSTRUCTION EASEMENT AND COVENANT FOR CONSTRUCTION OF PERMANENT IMPROVEMENTS Recording requested by and when recorded return to: CITY OF TEMECULA Attention: Randi Johl, Director of Legislative Affairs, City Clerk 41000 Main Street Post Office Box 9033 Temecula, California 92590-2764 SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No. 957-090-022 [X] Portion Documentary Transfer Tax $0.00 This Instrument is for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev & Tax Code § 11922). GRANT OF TEMPORARY CONSTRUCTION EASEMENT AND COVENANT FOR CONSTRUCTION OF CERTAIN PERMANENT IMPROVEMENTS This Grant of Temporary Construction Easement Agreement and Covenant for Construction of Permanent Improvements ("TCE Agreement and Covenant") is entered into as of , by and between Lam Ngo and Huyen Lam Tran, husband and wife as joint tenants (collectively "Grantor" below), and the CITY OF TEMECULA, a municipal corporation ("City"). RECITALS WHEREAS, Grantor is the record fee owner of that certain real property located in the City of Temecula, County of Riverside, State of California identified as Riverside County Tax Assessor's Parcel Number 957-090-022 ("Grantor's Property") described more particularly in EXHIBIT 1 attached hereto and incorporated herein by this reference. WHEREAS, City seeks to construct certain public street, drainage, and related improvements in connection with the extension of Nicolas Road from its current termination at Calle Girasol easterly to Butterfield Stage Road, Project Number LD20-1114 ("Project"). WHEREAS, Grantor desires to grant to the City and the City desires to acquire from Grantor an approximate 83,324 square foot Temporary Construction Easement with a term of twelve (12) months on Grantor's Property to facilitate the City's construction of the Project, subject to the terms and conditions set forth herein. -1- WHEREAS, portions of Grantor's Property are located in the floodway and based on said location, it is necessary for the City to construct certain permanent improvements on Grantor's Property in connection with the Project, including but not limited to the installation of riprap slope - erosion protection, which are more particularly described below. Grantor acknowledges receipt of a copy of the proposed plans for the Project and desires to authorize the City to construct said permanent improvements on Grantor's Property. NOW THEREFORE, for good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, Grantor and the City agree as follows: 1. Grant of Temporary Construction Easement. Grantor hereby grants to the City an approximate 83,324 square foot Temporary Construction Easement with a term of twelve (12) months ("Temporary Construction Easement") on Grantor's Property to facilitate the construction of the public street and related improvements in connection with the Project. The Temporary Construction Easement is described more particularly on EXHIBIT A labeled "Legal Description Temporary Construction Easement" and depicted on Exhibit B labeled "Depiction of Temporary Construction Easement — APN: 957-090-022, Ngo/Tran Property". EXHIBIT A and EXHIBIT B are attached to this TCE Agreement and Covenant are incorporated herein by this reference. 2 Commencement of Temporary Construction Easement. The term of the Temporary Construction Easement will commence thirty (30) calendar days after the date on which the City notifies Grantor in writing that it will commence its construction of the Project. The day that is the 30th calendar day after the date of said notice is the "Commencement Date" of the Temporary Construction Easement. 3. Scope of Temporary Construction Easement. a. The Temporary Construction Easement is for the use by the City, its contractors, subcontractors, employees and agents (collectively, "City Designees") for said twelve (12) month period and the purpose and scope of this Temporary Construction Easement is to facilitate the City's construction of the Project, including, without limitation, use of the Temporary Construction Easement for construction staging purposes, storage of equipment and material in connection with the City's construction of the Project. b. City and City Designees also have the right to use the Temporary Construction Easement area to construct the permanent improvements described more particularly in Section 5 below within the area of the Temporary Construction Easement on Grantor's Property. 4. No Liens. The City agrees to keep the Temporary Construction Easement free of any liens including, without limitation, liens by contractors, subcontractors, or suppliers, engineers, architects, surveyors, or others that may have lien rights for work, arising out of the City's use of the Temporary Construction Easement in connection with the construction of the Project. If any such lien is filed on Grantor's Property in connection with the City's use of the Temporary Construction Easement, the City will, at its sole cost and expense, have the lien released and discharged of record in a matter satisfactory to the Grantor within thirty (30) calendar days of receiving notice of the lien. If the City fails to remove the lien within such thirty (30) day period, Grantor will have the right to remove the lien, and City, upon demand, will reimburse the Grantor -2- for all costs and expenses, including without limitation attorneys' fees incurred by Grantor in connection with such removal. 5. Covenant Running with the Land — Covenant for Construction of Certain Permanent Improvements on Grantor's Property. Grantor hereby covenants and agrees that in consideration for payment of compensation from the City and for other good and valuable consideration, the City and the City Designees also have the right to construct certain permanent improvements on portions of the Temporary Construction Easement area, including, without limitation, riprap slope -erosion protection, described more particularly in EXHIBIT C, which is attached hereto and incorporated herein by this reference. Grantor agrees and acknowledges that City and City Designees will have no responsibility for maintenance of the permanent improvements described in EXHIBIT C hereto after the City's construction of the Project and that Grantor is solely responsible for all costs of maintenance of said permanent improvements. This covenant for construction of certain permanent improvements described on EXHIBIT C hereto in the area of the Temporary Construction Easement is a covenant running with the land and is binding upon Grantor, Grantor's heirs, executors, administrators, successors, and assigns and on any party that has an interest in Grantor's Property. Grantor consents to and acknowledges that the Covenant for Construction of Certain Permanent Improvements contained in this TCE Agreement and Covenant will be recorded in the Official Records of the County of Riverside, California. 6. Termination of City's Right to Use Temporary Construction Easement. The Temporary Construction Easement will expire on the earlier to occur of (a) twelve (12) months after the Commencement Date or (b) the date that the City records a Notice of Termination of the Temporary Construction Easement in the Official Records of the County. Upon the expiration of the Temporary Construction Easement, the City agrees to take such actions as the Grantor may reasonably request to evidence and give effect to the extinguishment of the City's use of the Temporary Construction Easement and the relinquishment of the City's rights and interests in the Temporary Construction Easement pursuant to this TCE Agreement and Covenant. 7. Insurance. Prior to entry on the area of the Temporary Construction Easement, City will cause its contractor for the Project to procure and maintain a policy of general commercial liability insurance naming Grantor as additional named insured covering any and all claims, demands, and causes of action against Grantor arising out of or pertaining to the use of the Temporary Construction Easement by or activities of City's contractor pursuant to this TCE Agreement and Covenant. Such insurance will be maintained in force during the term of the Temporary Construction Easement. The contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the contractor, its agents, representatives, employees or subcontractors. a. Minimum Scope of Insurance: Coverage shall be at least as broad as: (1) General Liability Form No. CG 00 01 11 85 or 88. -3- (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the contractor has no employees while performing under this contract, worker's compensation insurance is not required, but contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance: The contractor shall maintain limits no less than: (1) General Liability: Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. (4) Deductibles and Self -Insured Retentions: Any deductibles or self- insurance retentions shall not exceed Twenty -Five Thousand Dollars ($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) City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers are to be covered as insureds as respect to liability arising out of activities performed by or on behalf of the contractor; products and completed operations of the contractor; premises owned, occupied or used by the contractor; or automobiles owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents or volunteers. (2) For any claims related to this Project, the contractor's insurance coverage shall be primary insurance as respect to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers shall be excess of the contractor's insurance and shall not contribute with it. In (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers. (4) The contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this TCE Agreement and Covenant shall be endorsed to state in substantial conformance to the following: if the policy will be cancelled before the expiration date the insurer will notify in writing to City of such cancellation not less than thirty (30) days prior to the cancellation effective date. (6) If insurance coverage is cancelled or, reduced in coverage or in limits the contractor shall within two business days of notice from the insurer, phone, fax, and/or notify City via certified mail, return receipt requested of the changes to or cancellation of the policy. (7) Course of construction policies shall contain the following provisions: (1) additional insured shall be named as loss payee, and (2) the insurer shall waive all rights of subrogation against entity. d. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-, VII or better, unless otherwise acceptable to City. Self-insurance shall not be considered to comply with these insurance requirements. e. Verification of Coverage: Contractor shall furnish 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 City. All endorsements are to be received and approved by the City before work commences. As an alternative to 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. f. Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. & City's Obligations on Termination of Term of Temporary Construction Easement. The City agrees that, as of the termination date of the Temporary Construction Easement, the City will remove any construction equipment and materials stored in the area of the Temporary Construction Easement in connection with the Project. Further, the City will cause the City Designees to replace with material and like quality any hardscape, landscaping, and improvements located in the area of the Temporary Construction Easement that are damaged in connection with the City's use of the Temporary Construction Easement for the construction of the Project. Grantor -5- acknowledges that the permanent improvements constructed in the area of the Temporary Construction Easement and described in EXHIBIT C will remain on Grantor's Property after the construction of the Project. 9. Maintenance of Permanent Improvements on Grantor's Property. Upon the expiration of the Temporary Construction Easement, Grantor shall, at Grantor's sole cost and expense, operate, maintain, repair and replace (as applicable) the permanent improvements constructed on Grantor's Property within the Temporary Construction Easement area described on EXHIBIT C hereto and all installations connected thereto, in good condition and repair and otherwise in compliance with all applicable laws. Grantor is not responsible for maintenance of any portion of the permanent public improvements constructed within the area comprising the conservation easement area. 10 Notices. All notices and demands will be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices will be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service. A copy of all notices will be sent to Administrator for and on behalf of the Owners. The parties will address such notices as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party will thereafter be given as demanded in that notice: City: City of Temecula 41000 Main Street Temecula, California 92590 Attention: Aaron Adams, City Manager Copy to: Richards, Watson & Gershon 350 South Grand Avenue, 37th Floor Los Angeles, California 90071 Attention: Peter M. Thorson, City Attorney Grantor: Lam Ngo and Huyen Lam Tran, husband and wife as joint tenants 13341 Wilson Street Garden Grove, CA 92844 Telephone: 714-728-7856 Attention: Not Available Email: Not Available 11. Miscellaneous Provisions. a. Any amendments to this TCE Agreement and Covenant must be in writing and duly executed by both Grantor and the City. IM b. This TCE Agreement and Covenant will be construed and interpreted under, and governed and enforced according to the laws of the State of California. C. This TCE Agreement and Covenant contains the entire agreement between the Grantor and the City regarding the Temporary Construction Easement and construction of certain permanent improvements within the Temporary Construction Easement portion of the Grantor's Property. d. Except as otherwise provided herein, the provisions of this TCE Agreement and Covenant will be binding on and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. e. This TCE Agreement and Covenant may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. f. Each party has reviewed this TCE Agreement and Covenant and each has had the opportunity to have its respective counsel and real estate advisors review and revise this TCE Agreement and Covenant and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this TCE Agreement and Covenant or any amendments or exhibits thereto. g. If any part, term or provision of this TCE Agreement and Covenant is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of each party will be construed and enforced as if this TCE Agreement and Covenant did not contain the particular part, term or provision held to be invalid. [SIGNATURES TO FOLLOW] -7- IN WITNESS WHEREOF, the Grantor and the City have entered into this TCE Agreement and Covenant as of the date set forth above. Dated: Dated: Dated: GRANTOR LAM NGO AND HUYEN LAM TRAN, husband and wife as joint tenants Lam Ngo Huyen Lam Tran CITY OF TEMECULA, a municipal corporation By: Aaron Adams, City Manager ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney 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 ) On , before (insert name of notary) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary: 10 (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ) On , before (insert name of notary) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary: -10- (Seal) EXHIBIT 1 LEGAL DESCRIPTION OF GRANTOR'S PROPERTY LEGAL DESCRIPTIO THE LAND REFERkED TO HEREIN BELOW IS SITUATED IN THE CITY- Of '11MECULA, IN THE COUNTY OF RIVFRSTDF, STATE OF CALIFORNIA, AND IS FlFSCRIHFD AS 1`01.1_OWS= PARCEL 3 OF PARCEL MAP NO. 18022, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY [NAP ON FILE IN BOOK 112, PAGES 28 AND 29 OF PARCEL MAPS, RECORDS OF EJVERSIDE C'OLINTY. CALIFORNIA. APN. 957-090-022-2 Exhibit 1 -1- EXHIBIT A LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT A P N: 95 7-09 0 -02 2 NGOff RAN PROPERTY That portion of Parcel 3 of Parcel Map No. 1902Z in the City of Temecula. County of Riverspde' State Of CaliFornia_ as shown on the Map recorded in Boak 112, Pages 28 and 29 of Parcel Maps, in the Office of the County Recorder of said Riverside County, described as follows, BEGINNING at the southwesterly corner of said Parcel 3, said point being an the northerly Fight of Way line of Nicolas Road (55.00 foot half-%idth)- Thence along the westerly line of sai-d Parcel 3 North G91013' West 167.45 feet; Thence leaving said line North 49`11'16' East 327.72 feet; Thence North 81"49'25' East 38.23 feet to the apnterly Jine of said Parcel 3; Thence along said easterly line South 08' 10'35" East 342.97 feet to the southerly line of Parcel 3; Thence along said southerly line South 81"36'16" West 311_31 feat to the POINT OF BEGINNING_ Containing 1.91 acres, or 83.324 $quaFe Feel. more or less This description was prepared by me or unde r m y d irec6an, r tyAL `-A,,O date' R_ Duquette. Fp 7566 � OHN I # ououerie JY0.75 %T Michael Baker Intemational 40810 County Center !hive, Rude 200 Temecula. CA 92591 EXHIBIT A -I- Septsfnber 2, 2020 JN 175051 Page 1 of 1 EXHIBIT B DEPICTION OF TEMPORARY CONSTRUCTION EASEMENT APN: 957-090-022 NK/TRAN PROPERTY 60 30 0 60 SCALE: 1 "=60' ffF K JOHN R. c DUOUET1f Y * 7S66 i Lp Y Q L4 z L4 CD V N81 3 T6 E 311,31 1 IW -- --- LTI NICOLAS ROAD P08 - POINT Cr BEGINNING ( } = INOICATES PECORD DATA PER PIA 18022, Pb1B 1 12 f 28-20 { DATA TABLE SEAR I NAG/DELTA LENGTH 1 1 N81 49`25 E 1 38.23' EXHIBIT B -1- SHEET 1 OF BakerMichael f I N T E R N A T I O N A L EXHIBIT C DESCRIPTION OF PERMANENT IMPROVEMENTS TO BE CONSTRUCTED WITHIN TEMPORARY CONSTRUCTION EASEMENT PORTION OF GRANTOR'S PROPERTY L APN: 957-09C�-022 NGD TRAN PROPERTY r 40 40 40 100 f NICOLAS ROAD CALF: 1R=60' LEGEN TEMPORARY CONSTRUCTION EASEMENT AND COVENANT FOR CONSTRUCTION OF PERMANENT IMPROVEMENTS RIP FLAP SLOPE EROSION PROTECTION CQNSEFVATION EAaMENT EXHIBIT C -I- INTERNATIONAL FORM OF CONSERVATION EASEMENT Recording requested by and when recorded return to: SPACE ABOVE THIS LINE FOR RECO CONSERVATION EASEMENT This CONSERVATION EASEMENT DEED ("Conservation Easement") is made this day of , by Lam Ngo and Huyen Lam Tran, husband and wife as joint tenants ("Grantor"), in favor of ("Grantee"), with reference to the following facts: RECITALS A. Grantor is the sole owner in fee simple of real property containing 4.55 acres, located in the city of Temecula, county of Riverside, state of California, designated Assessor's Parcel Number 957-090-022 (the "Grantor's Property"). The Grantor's Property is legally described on Exhibit A attached hereto and incorporated by this reference. Grantor intends to grant a conservation easement over a 1.17-acre portion of the Grantor's Property (the "Easement Area"). The Easement Area is legally described on Exhibit B and depicted on Exhibit C attached hereto and incorporated by this reference. B. The Easement Area provides, among other things, compensatory mitigation for unavoidable impacts associated with the Nicolas Road Project by the CITY OF TEMECULA, a municipal corporation ("City"), pursuant to requirements of the following state and Federal approvals (collectively, "Agency Approvals"): [add any additional relevant state and federal approvals] 1. C. This Conservation Easement is designed to satisfy and is granted in partial satisfaction of the Agency Approvals. D. Consistent with the terms and conditions of this Conservation Easement, the Easement Area is and will remain in a Natural Condition as defined herein and is intended to be preserved in its natural, scenic, open condition to maintain its ecological, historical, visual and educational values (collectively, "Conservation Values"). The Conservation Values are of importance to the people of the county of Riverside and the people of the state of California and United States. i NTD: HELIX Environmental Planning to provide at time of grant of easement. -1- E. Grantee is authorized to hold conservation easements pursuant to Civil Code Section 815.3 and Government Code Section 65965. Specifically, Grantee is a tax exempt non- profit organization qualified under section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and qualified to do business in California which has as its primary purpose the preservation of land in its natural, scenic, forested or open space condition or use. F. City has agreed to enter into this Conservation Easement for the purpose of undertaking certain obligations identified herein. COVENANTS. TERMS. CONDITIONS AND RESTRICTIONS 1. In consideration of the above recitals and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to the laws of the United States and state of California, including California Civil Code Section 815, et seq., Grantor hereby voluntarily grants and conveys to Grantee and its successors or assigns, as appropriate, a conservation easement in perpetuity over the Easement Area of the nature and character and to the extent hereinafter set forth. This Conservation Easement shall run with the land and be binding on Grantor's heirs, successors, administrators, assigns, lessees, and other occupiers or users of the Easement Area or any portion of it. 2. Purpose. a. The purposes of this Conservation Easement are to (i) ensure the Easement Area will be managed and preserved in a Natural Condition, as defined herein, in perpetuity and (ii) prevent any use of the Easement Area that will impair or interfere with the Conservation Values of the Easement Area (the "Purpose"). Grantor intends that this Conservation Easement will confine the use of the Easement Area to such activities that are consistent with this Purpose, including without limitation, those involving the preservation, restoration, and enhancement of native species and their habitats. b. The term "Natural Condition", as referenced in the preceding paragraph and other portions of this Conservation Easement, shall mean the condition of the Easement Area, as it exists at the time this Conservation Easement is executed, as well as future enhancements or changes to the Easement Area that occur directly as a result of the following activities: (1) Compensatory mitigation measures, including implementation, maintenance, and monitoring activities (collectively, "Compensatory Mitigation") _ required by the Agency Approvals and as describedin the dated ("Mitigation Plan"), a copy of which is attached as Exhibit D2; (2) In -perpetuity maintenance ("Long -Term Maintenance") as described in Section 18 herein; or (3) Activities described in Sections 5 through 8 herein. C. Grantor represents and warrants that there are no structures or improvements existing on the Easement Area at the time this grant is executed [OR Grantor represents and warrants that the only structures or improvements existing on the Easement Area at 2 NTD: HELIX Environmental Planning to provide at time of grant of easement. -1- the time this grant is executed consist of [describe] ]3 . Grantor further represents and warrants that there are no other previously granted easements existing on the Easement Area that interfere or conflict with the Purpose of this Conservation Easement as evidenced by the Title Report attached at Exhibit E. The present Natural Condition is evidenced in part by the depiction of the Easement Area attached on Exhibit F, showing all relevant and plottable property lines, easements, dedications, improvements, boundaries and major, distinct natural features such as waters of the United States. City has delivered further evidence of the present Natural Condition to Grantee consisting of (1) a color aerial photograph of the Easement Area at an appropriate scale taken as close in time as possible to the date this Conservation Easement is executed; (2) an overlay of the Easement Area boundaries on such aerial photograph; and (3) on -site color photographs showing all man-made improvements or structures (if any) and the major, distinct natural features of the Easement Area. d. If a controversy arises with respect to the present Natural Condition of the Easement Area, Grantor, Grantee, or City or any designees or agents of Grantor, Grantee, and City shall not be foreclosed from utilizing any and all other relevant documents, surveys, photographs or other evidence or information to assist in the resolution of the controversy. e. The term "Biological Monitor" shall mean an independent third -party consultant with knowledge of aquatic resources in the Riverside county area and expertise in the field of biology or related field. 3. Grantee's Rights. To accomplish the Purpose of this Conservation Easement, Grantor hereby grants and conveys the following rights to Grantee: a. To preserve and protect the Conservation Values of the Easement Area; b. To enter upon the Easement Area and Property in order to monitor compliance with and to otherwise enforce the terms of this Conservation Easement; C. To prevent any activity on or use of the Easement Area that is inconsistent with the Purpose of this Conservation Easement and to require the restoration of such areas or features of the Easement Area that may be damaged by any act, failure to act, or any use that is inconsistent with the Purpose of this Conservation Easement; d. To require that all mineral, air, and water rights (if any) as Grantee deems necessary to preserve, protect and sustain the biological resources and Conservation Values of the Easement Area shall remain a part of and be put to beneficial use upon the Easement Area, consistent with the Purposes of this Conservation Easement. e. The right to enforce by any means, including, without limitation, injunctive relief, the terms and conditions of this Conservation Easement; and f. The right to enhance native plant communities, including the removal of non-native species and the right to plant native trees and shrubs of the same type as currently existing on the Easement Area, or other appropriate native species. Habitat enhancement activities shall not conflict with the preservation of the Natural Condition of the Easement Area or the 3 NTD: To be revised accordingly based on conditions at time of grant of easement. -3- Purpose of this Conservation Easement and shall be performed in compliance with all applicable laws, regulations, permitting requirements, and the approved long-term management plan. 4. City's Rights. To accomplish the Purpose of this Conservation Easement as described in Section 1, Grantor hereby grants to the City the following rights: a The right to enter the Grantor's Property and Easement Area to conduct the activities required under the Agency Approvals and any amendments thereto, and the Mitigation Plan to implement the Compensatory Mitigation requirements, including but not limited to the following activities: (i) remove trash and debris; (ii) excavate and regrade the surface as appropriate for detention and flow of water for wetlands; (iii) eradicate weeds and non-native plants; (iv) install and maintain irrigation system; (v) prepare the site for native seeding and planting, including amending soils; (vi) install native seeds and container plants; and (vii) maintain, restore and monitor the wetlands and buffer area. b Upon receipt of Final Approval (defined in Section 7, below), City's right to enter the Grantor's Property and Easement Area pursuant to Subsection 3(a), above, shall cease. 5. Prohibited Uses. Except as provided in Section 8, any activity on or use of the Easement Area inconsistent with the Purpose of this Conservation Easement is prohibited. Without limiting the generality of the foregoing, the following uses by Grantor, Grantee, and their respective guests, agents, assigns, employees, representatives, successors, and third parties are expressly prohibited on the Easement Area: a. Unseasonable or supplemental watering except for habitat enhancement activities described in Subsection 2 g), Subsection 8(b), or the Mitigation Plan; b. Use of chemical fertilizers, pesticides, biocides, herbicides, rodenticides, fungicides or other agents or weed abatement activities, except weed abatement activities necessary to control or remove invasive, exotic plant species in accordance with Subsection 8(c) of this Conservation Easement; C. Incompatible fire protection activities except fire prevention activities set forth in Section 8; d. Use of off -road vehicles and use of any other motorized vehicles except on existing roadways; e. Grazing or other agricultural activity of any kind; f Recreational activities including, but not limited to, horseback riding, biking, hunting or fishing; g. Residential, commercial, retail, institutional, or industrial structures or uses; h Any legal or de facto division, subdivision or partitioning of the Easement Area, including a request for a certificate of compliance pursuant to the California Subdivision Map Act (California Government Code Section 66499.35); i. Construction, reconstruction, expansion, location, relocation, installation or placement of any building, road, wireless communication cell towers, or any other structure or K! improvement of any kind, or any billboard, fence, boundary marker or sign, except signs permitted in Subsection 7(c), j. Dumping soil, trash, ashes, refuse, waste, bio-solids, garbage or any other material; k. Planting, gardening, introducing or dispersing non-native or exotic plant or animal species; L Filling, dumping, excavating, draining, dredging, mining, drilling, removing or exploring for or extraction of minerals, loam, gravel, soil, rocks, sands or other material on or below the surface of the Easement Area, or granting or authorizing surface entry for any of these purposes; m. Altering the surface or general topography of the Easement Area, including but not limited to any alterations to habitat, building roads or trails, flood control work, or paving or otherwise covering any portion of the Easement Area; except as permitted by the Agency Approvals, or as necessary to implement the Mitigation Plan, or any right reserved in Section 8 or Section 18; n. Removing, destroying, or cutting of trees, shrubs or other vegetation, except for (1) emergency fire breaks as required by fire safety officials as set forth in Section 8(e), (2) prevention or treatment of disease, (3) control of invasive species which threaten the integrity of the habitat, (4) completing the Mitigation Plan, or (5) activities described in Sections 5 through 8 or Section 18. In the event that activity on the Easement Area is necessary to prevent or treat disease as listed herein, the first priority for action shall be chemical and biological methods. No invasive or non-native species shall be introduced to prevent or treat disease, unless chemical or biological methods have failed to resolve the problem and the County of Riverside Department of Environmental Health, or other agency with authority, determines that no other methods will address the problem. Removal of vegetation to prevent or treat disease shall only be allowed if chemical or biological methods have failed to resolve the problem or upon a showing that removal of vegetation is required on an emergency basis; o. Manipulating, impounding or altering any natural watercourse, body of water or water circulation on the Easement Area, and activities or uses detrimental to water quality, including but not limited to degradation or pollution of any surface or sub -surface waters; P. Creating, enhancing, and maintaining fuel modification zones within the Easement Area (defined as a strip of mowed land or the planting of vegetation possessing low combustibility for purposes of fire suppression) or other activities that could constitute fuel modification zones within the Easement Area; q. Creation of any encumbrance superior to this Conservation Easement, other than those encumbrances set forth in Exhibit E hereto, or the recording of any involuntary lien (which is not released within sixty calendar days), or the granting of any lease, license or similar possessory interest in the Easement Area which will affect the Conservation Values of the Easement Area; and r. Any and all activities and uses which may adversely affect the Purposes of this Conservation Easement; -5- S. Any use or activity that may violate, or fail to comply with, relevant federal, state, or local laws, regulations, or policies applicable to Grantor, the Easement Area, or the use or activity in question; t No use shall be made of the Easement Area, and no activity thereon shall be permitted, that may adversely affect the Conservation Values of the Grantor's Property or otherwise interfere with the Purposes of this Conservation Easement. Grantor and Grantee acknowledge that, in view of the perpetual nature of this Conservation Easement, they are unable to foresee all potential future land uses, future technologies, and future evolution of the land and other natural resources, and other future occurrences affecting the Purpose of this Conservation Easement. Grantee may determine whether (1) proposed uses or proposed improvements not contemplated by or addressed in this Conservation Easement or (2) alterations in existing uses or structures, are consistent with the Purpose of this Conservation Easement. 6. Grantor's Duties. Grantor, its successors and assigns shall: a. Undertake all reasonable actions to prevent the unlawful entry and trespass by persons whose activities may degrade or harm the Conservation Values of the Easement Area. In addition, Grantor shall undertake all necessary actions to perfect Grantee's rights under Section 2 of this Conservation Easement; b. Cooperate with Grantee, its successors or assigns in the protection of the Conservation Values; C. Pursuant to Subsection 18(d), below, repair and restore damage to the Easement Area to the extent directly or indirectly caused by Grantor, Grantor's guests, representatives, employees or agents, and third parties within Grantor's control; provided, however, Grantor, its successors or assigns shall not engage in any repair or restoration work in the Easement Area without first consulting with the Grantee or its successor or assigns; and d. Obtain any applicable governmental permits and approvals for any activity or use permitted by this Conservation Easement, and any activity or use shall be undertaken in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders or requirements. 7. Grantee's Duties. Grantee shall: a. Perform at least quarterly compliance inspections of the Easement Area, prepare an annual inspection report that documents the quarterly inspection results; b. Upon receipt of Final Approval, perform the Long -Term Maintenance of the Easement Area as described in Section 18; c. Pursuant to the requirements of Subsection 18(e), below, repair and restore damage to the Easement Area directly or indirectly caused by Grantee, Grantee's guests, representatives, employees or agents, and third parties within Grantee's control; d. Set aside, hold, invest and disburse adequate Maintenance and Monitoring Endowment funds (described in Section 19) in trust solely for the purposes of preserving the Conservation Values of the Easement Area under this Conservation Easement in perpetuity; Son e. Have a fiduciary duty to ensure the Maintenance and Monitoring Endowment held in trust for the Easement Area is properly managed in accordance with the terms of the approved endowment agreement; and f. Obtain any applicable governmental permits and approvals for any activity or use permitted by this Conservation Easement, and any activity or use shall be undertaken in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders or requirements. 8. City's Duties. City shall undertake construction, maintenance and monitoring of mitigated areas pursuant to the Mitigation Plan until issuance of final approval from the San Diego Regional Water Quality Control Board confirming that City has successfully completed construction, maintenance and monitoring of mitigated areas pursuant to the Mitigation Plan ("Final Approval"). This duty is non -transferable. In addition, City shall: a.. Pursuant to the requirements of Subsection 18(f), below, repair and restore damage to the Easement Area directly or indirectly caused by City, City's guests, representatives, employees or agents, and third parties within City's control provided, however, City, its successors or assigns, shall not engage in any repair or restoration work on the Easement Area without first consulting with Grantor and Grantee; and b. Within 90 days of recordation of this Conservation Easement, erect signs and other notification features saying "Natural Area Open Space," "Protected Natural Area," or similar descriptions. Prior to erection of such signage, the City shall have its Biological Monitor submit detailed plans showing the location and language of such signs to the Grantee for review. The erection of informative signage shall not be in direct or potential conflict with the preservation of the Natural Condition of the Easement Area or the Purpose of this Conservation Easement and shall be performed in compliance with all applicable statutes, regulations, and permitting requirements; and C. Obtain any applicable governmental permits and approvals for any activity or use permitted by this Conservation Easement, and any activity or use shall be undertaken in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders or requirements; and d. Upon receipt of Final Approval, City's duties under this Conservation Easement shall cease and City shall have no further obligations whatsoever with respect to the Easement Area; provided, however, City shall have the continuing obligation to protect public health and safety. 9. Reserved Rights. Grantor reserves to itself, and to its personal representatives, heirs, successors, and assigns, all rights accruing from its ownership of the Easement Area, including the right to engage in or to permit or invite others to engage in all uses of the Easement Area that are not expressly prohibited or limited by, and are consistent with, the Purpose of this Conservation Easement, including the following uses: a Access. Reasonable access through the Easement Area and Property to adjacent land over existing roads, or to perform obligations or other activities permitted by this Conservation Easement. -7- b. Habitat Enhancement Activities. Creation and enhancement of native plant communities, including the right to plant native trees and shrubs of the same type as currently existing on the Easement Area, so long as such activities do not harm the habitat types identified in the Agency Approvals or Mitigation Plan. For purposes of preventing erosion and reestablishing native vegetation, the Grantor shall have the right to revegetate areas that may be damaged by the permitted activities under this Section 8, naturally occurring events or by the acts of persons wrongfully damaging the Natural Condition of the Easement Area. Habitat enhancement activities shall not be in direct or potential conflict with the preservation of the Natural Condition of the Easement Area or the Purpose of this Conservation Easement and shall be performed in compliance with all applicable statutes, regulations, and permitting requirements. C. Vegetation, Debris, and Exotic Species Removal. Removal or trimming of vegetation downed or damaged due to natural disaster, removal of man-made debris, removal of parasitic vegetation (as it relates to the health of the host plant) and removal of non-native or exotic plant or animal species. Vegetation, debris, and exotic plant species removal shall not be in direct or potential conflict with the preservation of the Natural Condition of the Easement Area or the Purpose of this Conservation Easement and shall be performed in compliance with all applicable laws, regulations, and permitting requirements. d No Interference with Development of Adjoining Property. Notwithstanding anything set forth herein to the contrary, nothing in this Conservation Easement is intended nor shall be applied to in any way limit Grantor or any of Grantor's successors and assigns from (1) constructing, placing, installing, and/or erecting any improvements upon the portions of the Grantor's Property not constituting the Easement Area and/or (2) developing adjoining property for any purposes, except as limited by any local, state or federal permit requirements for such development and provided that for all of the above clauses (1) and (2) neither such activity nor any effect resulting from such activity amounts to a use of the Easement Area, or has an impact upon the Easement Area, that is prohibited by Section 4 above. e. Fire Protection. The right, in an emergency situation only, to maintain firebreaks (defined as a strip of plowed or cleared land made to check the spread of a fire), trim or remove brush, otherwise perform preventative measures required by the fire department to protect structures and other improvements from encroaching fire. All other brush management activities shall be limited to areas outside the Easement Area. 10. Enforcement. a Right to Enforce. Grantor, its successors and assigns, grant to the State of California a discretionary right to enforce this Conservation Easement in a judicial or administrative action against any person(s) or other entity(ies) violating or attempting to violate this Conservation Easement; provided, however, that no violation of this Conservation Easement shall result in a forfeiture or reversion of title. The State of California shall have the same rights, remedies and limitations as Grantee under this Section 9. The rights under this Section are in addition to, and do not limit rights conferred in Section 2 above, the rights of enforcement against City and its successors or assigns under the Agency Approvals, or any rights of the various documents created thereunder or referred to therein. The term "Party" means Grantor. City, or Grantee, as the case may be. Grantor, Grantee, City and any third party beneficiaries, when implementing any remedies under this easement, shall provide timely written notice to each other of any actions taken under this section, including, but not limited to copies of all notices of violation and related correspondence. b. Notice of Violation. In the event that a Party or its employees, agents, contractors or invitees is in violation of the terms of this Conservation Easement or that a violation is threatened, the non -violating Party and/or third party beneficiaries may demand the cure of such violation. In such a case, the non -violating Party and/or third party beneficiaries shall issue a written notice to the violating Party (hereinafter "Notice of Violation") informing the violating Party of the actual or threatened violations and demanding cure of such violations. The Notice of Violation shall be sent to the other Party and third party beneficiaries listed under Section 16 of this Conservation Easement. C. Time to Cure. The violating Party shall cure the noticed violation within thirty (30) days of receipt of said written Notice of Violation. If said cure reasonably requires more than thirty (30) days, the violating Party shall, within the thirty (30) day period, submit to the non -violating Party and/or third party beneficiaries, as the case may be, for review and approval a plan and time schedule to diligently complete a cure. The violating Party shall complete such cure in accordance with the approved plan. If the violating Party disputes the notice of violation, it shall issue a written notice of such dispute (hereinafter "Notice of Dispute") to the appropriate Party and/or third party beneficiary within thirty (30) days of receipt of written Notice of Violation. d. Failure to Cure. If the violating Party fails to cure the violation within the time period(s) described in Section 9(c), above, or Section 9(e)(2), below, the non -violating Party and/or third party beneficiaries may bring an action at law or in equity in a court of competent jurisdiction to enforce compliance by the violating Party with the terms of this Conservation Easement. In such action, the non -violating Party and/or third party beneficiaries may: (1) Recover any damages to which they may be entitled for violation by the violating Party of the terms of this Conservation Easement or for any injury to the Conservation Values of the Easement Area. The non -violating Party shall first apply any damages recovered to the cost of undertaking any corrective action on the Easement Area. (2) Enjoin the violation, ex parte as necessary, by temporary or permanent injunction without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. (3) Pursue and obtain other legal or equitable relief, including, but not limited to, the restoration of the Easement Area to the condition in which it existed prior to any such violation or injury. This remedy is expressly available notwithstanding the ability to claim damages as provided for in subdivision (1). (4) Otherwise enforce this Conservation Easement. e. Notice of Dispute. (1) If the violating Party provides the non -violating Party and/or third party beneficiaries with a Notice of Dispute, as provided herein, the non -violating Party and/or third party beneficiaries shall meet and confer with the violating Party at a mutually agreeable place and time, not to exceed thirty (30) days from the date that the non -violating Party and/or third party beneficiaries receive the Notice of Dispute. The non -violating Party and/or third party beneficiaries shall consider all relevant information concerning the disputed violation provided by the violating Party and shall determine whether a violation has in fact occurred and, if so, whether the Notice of Violation and demand for cure issued by the non -violating Party and/or third party beneficiaries is appropriate in light of the violation. (2) If, after reviewing the violating Party's Notice of Dispute, conferring with the violating Party, and considering all relevant information related to the violation, the non -violating Party and/or third party beneficiaries determine that a violation has occurred, the non -violating Party and/or third party beneficiaries shall give the violating party notice of such determination in writing. Upon receipt of such determination, the violating Party shall have fifteen (15) days to cure the violation. If said cure reasonably requires more than fifteen (15) days, the violating Party shall, within the fifteen (15) day period, submit to the non -violating Party and/or third party beneficiaries for review and approval a plan and time schedule to diligently complete a cure. The violating Party shall complete such cure in accordance with the approved plan. £ Conflicting Notices of Violation. (1) If any Party receives a Notice of Violation that is in material conflict with one or more prior written Notices of Violation that have not yet been cured by the Party (hereinafter "Active Notice(s) of Violation") such that the conflict makes it impossible for the Party to carry out the cure consistent with all prior Active Notices of Violation, the Party shall give written notice (hereinafter "Notice of Conflict") to the non -violating Party and/or third party beneficiaries issuing the later, conflicting Notice(s) of Violation. The Party shall issue said Notice of Conflict to the appropriate non -violating Party and/or third party beneficiaries within fifteen (15) days of the receipt of each such conflicting Notice of Violation. A valid Notice of Conflict shall describe the conflict with specificity, including a description of how the conflict makes compliance with all Active Notices of Violation impossible. (2) Upon issuing a valid Notice of Conflict to the appropriate non -violating Party and/or third party beneficiaries, as described above, the violating Party shall not be required to carry out the cure described in the conflicting Notice or Notices of Violation until such time as the non -violating Party responsible for said conflicting Notice(s) of Violation issue(s) a revised Notice of Violation that is consistent with prior Active Notices of Violation. Upon receipt of a revised, consistent Notice of Violation, the violating Party shall carry out the cure described in such notice within the time period(s) described in Section 9(c) above. Notwithstanding Section 9(g), failure to cure within said time period(s) shall entitle the non - violating Party to the remedies described in Section 9(d) and Section 9(h). (3) The failure of the violating Party to issue a valid Notice of Conflict within fifteen (15) days of receipt of a conflicting Notice of Violation shall result in a waiver of the violating Party's ability to claim a conflict. g. Immediate Action. Notwithstanding anything contained herein to the contrary, in the event that circumstances require immediate action to prevent or mitigate significant damage to the Conservation Values of the Easement Area, the Party and/or third party beneficiary seeking enforcement pursuant to Section 9(b) above may immediately pursue all available remedies, including injunctive relief, available pursuant to both this Conservation Easement and state and federal law. The non -violating Party may immediately pursue all available remedies without waiting for the expiration of the time periods provided for cure or Notice of Dispute as described in Section 9(c). The written notice pursuant to this paragraph may be transmitted to the violating Party by facsimile or other means and shall be copied to the other Party and/or third party -10- beneficiaries listed in Section 16 of this Conservation Easement. The rights of the non -violating Party and/or third party beneficiaries under this paragraph apply equally to actual or threatened violations of the terms of this Conservation Easement. The violating Party agrees that the remedies at law for any violation of the terms of this Conservation Easement are inadequate and that the non -violating Party and third party beneficiaries shall be entitled to the injunctive relief described in this section, both prohibitive and mandatory, in addition to such other relief to which they may be entitled, including specific performance of the terms of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. The remedies described in this Section 9(g) shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity, including but not limited to, the remedies set forth in California Civil Code Section 815, et seq., inclusive. h Costs of Enforcement. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions, and restrictions of this Conservation Easement, including without limitation, the costs of suit, and attorney's fees and any costs of restoration necessitated by Grantor or Grantee's negligence or breach of this Conservation Easement, shall be borne by and recoverable against the non -prevailing party in such proceedings. i Enforcement Discretion. Enforcement of the terms of this Conservation Easement by a Party and/or third party beneficiary shall be at the discretion of the Party and/or third party beneficiary, and any forbearance by such Party and/or third party beneficiary to exercise its rights under this Conservation Easement in the event of any breach of any term of the Conservation Easement by a Party or any subsequent transferee shall not be deemed or construed to be a waiver by the non -violating Party and third party beneficiary of such terms or of any subsequent breach of the same or any other term of this Conservation Easement or of any of the rights of the non -violating Party and third party beneficiary under this Conservation Easement. No delay or omission by the non -violating Party and/or third party beneficiaries in the exercise of any right or remedy upon any breach by the violating Party shall impair such right or remedy or be construed as a waiver. Further, nothing in this Conservation Easement creates a non -discretionary duty upon the non -violating Party and/or third party beneficiaries to enforce its provisions, nor shall deviation from these terms and procedures, or failure to enforce its provisions give rise to a private right of action against the non -violating Party and/or third party beneficiaries by any third parties. j. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee, its successors or assigns to bring any action against Grantor, its successors or assigns for any injury to or change in the Easement Area resulting from: (1) Any natural cause beyond Grantor's control, including without limitation, fire not caused by Grantor, flood, storm, and earth movement; (2) Any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Easement Area resulting from such causes; provided that once the emergency has abated, Grantor, its successors or assigns promptly take all reasonable and necessary actions required to restore the Easement Area to the condition it was in immediately prior to the emergency; (3) Acts by Grantee, City or their employees, directors, officers, agents, contractors, or representatives; or -11- (4) Acts of unrelated third parties (including any governmental agencies) that are beyond Grantor's control. Notwithstanding the foregoing, Grantor must obtain any applicable governmental permits and approvals for any emergency activity or use permitted by this Conservation Easement, and undertake any activity or use in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders or requirements. k Acts Beyond Grantee's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantor, its successors or assigns to bring any action against Grantee, its successors or assigns for any injury to or change in the Easement Area resulting from: (1) Any natural cause beyond Grantee's control, including without limitation, fire not caused by Grantee, flood, storm, and earth movement; (2) Any prudent action taken by Grantee under emergency conditions to prevent, abate, or mitigate significant injury to the Easement Area resulting from such causes, provided that once the emergency has abated, Grantee, its successors or assigns promptly take all reasonable and necessary actions required to restore the Easement Area to the condition it was in immediately prior to the emergency; (3) Acts by Grantor, City or their employees, directors, officers, agents, contractors, or representatives; or (4) Acts of unrelated third parties (including any governmental agencies) that are beyond Grantee's control. Notwithstanding the foregoing, Grantee must obtain any applicable governmental permits and approvals for any emergency activity or use permitted by this Conservation Easement, and undertake any activity or use in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders or requirements. L Acts Beyond City's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantor or Grantee to bring any action against City for any injury to or change in the Easement Area resulting from: (1) Any natural cause beyond City's control, including without limitation, fire not caused by City, flood, storm, and earth movement; (2) Any prudent action taken by City under emergency conditions to prevent, abate, or mitigate significant injury to the Easement Area resulting from such causes, provided that once the emergency has abated, City promptly takes all reasonable and necessary actions required to restore the Easement Area to the condition it was in immediately prior to the emergency; (3) Acts by Grantor, Grantee or their employees, directors, officers, agents, contractors, or representatives; or beyond City's control. (4) Acts of third parties (including any governmental agencies) that are -12- Notwithstanding the foregoing, City must obtain any applicable governmental permits and approvals for any emergency activity or use permitted by this Conservation Easement, and undertake any activity or use in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders or requirements. In. Use of Maintenance and Monitoring Endowment. If a court of competent jurisdiction determines that there has been a violation of any term of this Conservation Easement: (1) Funds from the Maintenance and Monitoring Endowment which was created to manage the Easement Area cannot be used to pay damages awarded as part of the judgment; and (2) Funds from the Maintenance and Monitoring Endowment which was created to manage the Easement Area cannot be used to restore the Easement Area to the condition in which it existed prior to the violation. 11. Access. This Conservation Easement does not convey a general right of access to the public or a general right of access to the Easement Area. 12. Costs and Liabilities. a [Grantor, its successors and assigns retain all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance (except Long -Term Maintenance pursuant to Section 18) of the Grantor's Property. Grantor agrees Grantee shall not have any duty or responsibility for the operation, upkeep, or maintenance (except for those duties required of Grantee by the Long -Term Maintenance pursuant to Section 18) of the Grantor's Property, the monitoring of hazardous conditions thereon, or the protection of Grantor, the public or any third parties from risks relating to conditions on the Grantor's Property. Grantor, its successor or assign, and Grantee each are responsible for obtaining any applicable governmental permits and approvals for any activity or use permitted by this Conservation Easement and any activity or use shall be undertaken in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders and requirements.]4 b Hold Harmless. Grantor, and its successors and assigns shall hold harmless, protect, defend and indemnify Grantee and its respective directors, officers, employees, agents, contractors, and representatives and the heirs, personal representatives, successors and assigns of each of them ("Grantee Indemnified Party" and collectively "Grantee Indemnified Parties") from and against any and all liabilities, penalties, costs, losses, damages, expenses (including, without limitation reasonable attorneys' fees and experts' fees), causes of action, claims, demands, orders, liens or judgments (each a "Claim" and, collectively, "Claims") which are in contravention of this Conservation Easement, arising from or in any way connected with: injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the area of the Grantor's Property not constituting the Easement Area regardless of cause unless caused by the negligence or willful misconduct of any of the Grantee Indemnified Parties. 4 NTD: To be discussed. -13- 13. Taxes, No Liens. Grantor and its successors and assigns shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Grantor's Property by competent authority, including any taxes imposed upon, or incurred as a result of, this Conservation Easement, and shall furnish Grantee with satisfactory evidence of payment, if assessed, upon request. Grantor, Grantee, and their successors and assigns shall keep the Easement Area free from any liens. Should either Grantor's work or Grantee's work in or upon the Easement Area result in a lien on the Easement Area Grantor or Grantee, as the case may be, shall take all steps required to have said lien removed from the Easement Area. 14. Condemnation. Pursuant to California Code of Civil Procedure section 1240.055, this Conservation Easement is "property appropriated to public use," as used in Article 6 (commencing with section 1240.510) and Article 7 (commencing with section 1240.610) of Chapter 3 of Title 7 of the California Code of Civil Procedure. A person authorized to acquire property for public use by eminent domain shall seek to acquire the Easement Area, if at all, only as provided in California Code of Civil Procedure section 1240.055. If any person seeks to acquire the Easement Area for public use, Grantee shall comply with all obligations of the holder of a conservation easement under California Code of Civil Procedure section 1240.055. If the Conservation Easement is condemned, the net proceeds from the condemnation shall be used in compliance with California Government Code section 659660). In the event the City Council, in its sole discretion, adopts a Resolution of Necessity after the required public hearing authorizing the acquisition of the Conservation Easement by eminent domain, and elects to commence an eminent domain proceeding, then City will cause the eminent domain proceeding for the acquisition of the Conservation Easement (whether fee, leasehold, or otherwise) in and to the Conservation Easement to be filed and expeditiously processed to completion by and through the use of City's power of eminent domain, Grantor, its successors and assigns shall retain all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance (except Long -Term Maintenance pursuant to Section 19) of the Grantor's Property. 15. Subsequent Transfers. a By Grantee. This Conservation Easement is transferable by Grantee, but Grantee may assign its rights and delegate obligations under this Conservation Easement only to an entity or organization authorized to acquire and hold conservation easements pursuant to California Civil Code Section 815.3 and California Government Code Section 65965-65968 (or any successor provision(s) then applicable) and only with the prior written approval of Grantor. Grantee shall give Grantor at least sixty (60) days prior written notice of the proposed assignment or transfer. Grantee shall record the assignment in the county of Riverside. The failure of Grantee to perform any act provided in this section shall not impair the validity of this Conservation Easement or limit its enforcement in any way. Unless otherwise agreed by Grantor and Grantee, along with such transfer of this Conservation Easement, Grantee shall transfer any funding remaining in the Maintenance and Monitoring Endowment and Legal Enforcement and Defense Endowment it is then holder for purposes of this Conservation Easement to a qualified endowment holder under California Government Code section 65965 et seq., after satisfying all outstanding contracts and obligations on those funds. Any transfer under this Section is subject to the requirements of Subsection 22(n). b. Dissolution of Grantee. Grantee shall immediately transfer the Conservation Easement and deliver any Maintenance and Monitoring Endowment and Legal -14- Enforcement and Defense Endowment funds it is then holding for purposes of this Conservation Easement, to an entity or other non-profit organization in accordance with Subsection 14(a), if any of the following occurs: (1) Grantee dissolves; (2) Grantee is the subject of a voluntary or involuntary petition in bankruptcy; (3) Grantee is unable to carry out its obligations under this Conservation Easement; or (4) The Grantor reasonably determines that the Maintenance and Monitoring Endowment held by Grantee, or its successor entity, are not being held, managed, invested, or disbursed for conservation purposes and consistent with this Conservation Easement and legal requirements. C. By Grantor. (1) The covenants, conditions, and restrictions contained in this Conservation Easement are intended to and shall run with the land and bind all future owners of any interest in the Easement Area. Grantor, its successor or assign agrees to (i) incorporate by reference to the title of and the recording information for this Conservation Easement in any deed or other legal instrument by which each divests itself of any interest in all or a portion of the Easement Area, including, without limitation, a leasehold interest and (ii) give actual notice to any such transferee or lessee of the existence of this Conservation Easement. Grantor, its successor and assign agrees to give written notice to Grantee of the intent to transfer any interest at least sixty (60) days prior to the date of such transfer. The failure of Grantor, its successor or assign, or Grantee to perform any act provided in this Section 14 shall not impair the validity of this Conservation Easement or limit its enforceability in any way, and Grantor, its successors or assigns assume any liability relating to transfer(s) or assignment(s) to bona fide purchasers without notice of the existence or terms of this Conservation Easement. Any transfer under this Section is subject to the requirements of Subsection 22(n). (2) From and after the date of any transfer of all or any portion of the Easement Area by Grantor and each transfer thereafter, (i) the transferee shall be deemed to have assumed all of the obligations of Grantor as to the portion transferred, as set forth in this Conservation Easement, (ii) the transferee shall be deemed to have accepted the restrictions contained herein as to the portion transferred, (iii) the transferor, as applicable, shall have no further obligations hereunder except for any obligations pursuant to Subsection 22(g), and (iv) all references to Grantor in this Conservation Easement shall thereafter be deemed to refer to such transferee. 16. Additional Interests. Grantor, its successors and assigns shall not change any existing easements or other existing interests in the Easement Area or grant additional easements or other interests in the surface or subsurface of the Easement Area, or interest of any type (other than a security interest that is subordinate to this Conservation Easement), or grant or otherwise abandon any water agreement relating to the Easement Area, without first obtaining the written consent of Grantee. Grantee may withhold such consent if it determines that the proposed interest or transfer is inconsistent with the purposes of this Conservation Easement or may impair or -15- interfere with the Conservation Values of the Easement Area. This section shall not prohibit transfer of a fee or leasehold interest in the Easement Area that is subject to this Conservation Easement Deed and complies with Section 14, as applicable. Grantor, its successors and assigns shall record any additional easements or other interests in the Official Records of Riverside County, California and shall provide a copy of the recorded document to Grantee. 17. Notices. All notices, demands, requests, consents, approvals, or communications from one party to another shall be personally delivered or sent by facsimile to the persons set forth below or shall be deemed given five (5) days after deposit in the United States mail, certified and postage prepaid, return receipt requested, and addressed as follows, or at such other address as any Party may from time to time specify to the other parties in writing: To Grantor: To Grantee: To City: If the Conservation Easement is assigned, the assignment document shall update the Notices provisions. When the underlying fee for the Easement Area is conveyed, the successor shall record a document entitled Conservation Easement/Change of Notices Provisions. 18. Amendment. Grantor, Grantee, and City (while City is a party to this Conservation Easement) may amend this Conservation Easement only by mutual written agreement. Any such amendment shall be consistent with the Purpose of this Conservation Easement and shall not affect its perpetual duration. Grantor shall record any amendments to this Conservation Easement approved by the Grantee in the official records of Riverside County, California and shall provide a copy of the recorded document to the Grantee. 19. Long -Term Maintenance. a. Grantee's Responsibilities for Maintenance and Management. Grantee, its successors and assigns shall be responsible for in -perpetuity, ongoing, long-term maintenance and management of the Easement Area. Grantee, its successors and assigns shall be responsible for in -perpetuity, ongoing, long-term maintenance and management of the Easement Area in accordance with the "Nicolas Road/Calle Girasol Intersection Improvements Project Long-term Management Plan" prepared by HELIX Environmental Planning dated August 2020. A copy of the title page is attached at Exhibit G. b. Restoration Responsibilities. Grantor, Grantee, City, and their successors and assigns shall each individually be obligated to repair, remediate, or restore the Easement Area -16- damaged by any activities prohibited by Section 4 herein to the extent Grantor, Grantee, City, and/or their successors and assigns is responsible therefor. C. Annual Reporting. Grantee, its successors and assigns shall prepare an annual monitoring and maintenance report documenting activities performed under Subsection 18(a) above, and shall make such report available to the Grantor upon request. d. Grantor Restoration. When activities are performed pursuant to Subsection 18(b) and to the extent Grantor is responsible, Grantee, its successors and assigns, shall retain, at Grantor's expense, a qualified Biological Monitor to prepare a Restoration Plan and to oversee/monitor such restoration activities. Grantee shall have its Biological Monitor submit a draft Restoration Plan to Grantor for review prior to its implementation. Upon completion of restoration as specified in the approved Restoration Plan, Grantee shall have a Biological Monitor prepare a detailed monitoring report, and Grantee shall make the report available to Grantor within thirty (30) days of completion of restoration activities. Grantee, its successors or assigns and Biological Monitor shall sign the monitoring report, and the report shall document the Biological Monitor's name and affiliation, dates Biological Monitor was present on -site, activities observed and their location, Biological Monitor's observations regarding the adequacy of restoration performance by the Grantee, its successors or assigns, or its contractor in accordance with the approved Restoration Plan, corrections recommended and implemented. Grantor shall be responsible for compensating and/or reimbursing Biological Monitor and Grantee for all reasonable and ordinary expenses incurred by them in discharging their respective responsibilities under this subsection within thirty (30) days of invoice. a. Grantee Restoration. When activities are performed pursuant to Subsection 18(b) for which Grantee is responsible, Grantee shall retain, at Grantee's expense, a qualified Biological Monitor to prepare a Restoration Plan and to oversee/monitor such restoration activities. Upon completion of restoration as specified in the approved Restoration Plan, Grantee shall have a Biological Monitor prepare a detailed monitoring report. Grantee, its successors or assigns and Biological Monitor shall sign the monitoring report, and the report shall document the Biological Monitor's name and affiliation, dates Biological Monitor was present on -site, activities observed and their location, Biological Monitor's observations regarding the adequacy of restoration performance by the Grantee, its successors or assigns, or its contractor in accordance with the approved Restoration Plan, corrections recommended and implemented. b. City Restoration. When activities are performed pursuant to Subsection 18(b) for which City is responsible, Grantee shall retain, at City's expense, a qualified Biological Monitor to prepare a Restoration Plan and to oversee/monitor such restoration activities. Upon completion of restoration as specified in the approved Restoration Plan, Grantee shall have a Biological Monitor prepare a detailed monitoring report. Grantee, its successors or assigns, and Biological Monitor shall sign the monitoring report, and the report shall document the Biological Monitor's name and affiliation, dates Biological Monitor was present on -site, activities observed and their location, Biological Monitor's observations regarding the adequacy of restoration performance by the Grantee, its successors or assigns, or its contractor in accordance with the approved Restoration Plan, corrections recommended and implemented. City shall be responsible for compensating and/or reimbursing Biological Monitor and Grantee for all reasonable and ordinary expenses incurred by them in discharging their respective responsibilities under this subsection within thirty (30) days of invoice. C. Force Ma'el ure. [TO BE DISCUSSED]. -17- 20. Funding. a Initial Financing Requirement. Concurrent with recordation of this Conservation Easement, City shall pay to Grantee Dollars ($ .00) ("Initial Financial Requirement"), which Initial Financial Requirement is for the purpose of reimbursing Grantee for its cost and expenses incurred in connection with its acceptance of the Conservation Easement, and for fulfilling certain of Grantee's obligations hereunder for up to the first three (3) years following the date of this Conservation Easement. b. Permanent Endowment. In addition to the Initial Financial Requirement and in accordance with the endowment agreement, concurrent with recordation of this Conservation Easement City shall pay to Grantee an endowment in the amount of Dollars ($ .00) ("Maintenance and Monitoriniz Endowment"). The Endowment is for the purpose of fulfilling Grantee's obligations under this Conservation Easement. C. Legal Enforcement and Defense Endowment. Prior to the recordation of this Conservation Easement, City shall pay to Grantee a legal enforcement and defense endowment in the amount of dollars ($ .00) ("Legal Enforcement and Defense Endowment"). 21. Recordation. Grantee shall promptly record this instrument in the official records of Riverside County, California and immediately notify the Grantor through the mailing of a conformed copy of the recorded easement. Grantee may re-record it at any time as Grantee deems necessary to preserve its rights in this Conservation Easement. 22. Estoppel Certificate. Upon request, Grantee shall within fifteen (15) days execute and deliver to Grantor, its successors and assigns any document, including an estoppel certificate, which certifies compliance with any obligation of Grantor, its successors and assigns contained in this Conservation Easement and otherwise evidences the status of this Conservation Easement as may be requested by Grantor, its successors and assigns. 23. General Provisions. a Controlling Law. The laws of the United States and the state of California, disregarding the conflicts of law principles of such state, shall govern the interpretation and performance of this Conservation Easement. b. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Conservation Easement shall be liberally construed in favor of and to accomplish the Purpose of this Conservation Easement and the policy and purpose set forth in California Civil Code Section 815, et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the Purpose of this Conservation Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. C. Severability. If a court of competent jurisdiction voids or invalidates on its face any provision of this Conservation Easement, such action shall not affect the remainder of this Conservation Easement. If a court of competent jurisdiction voids or invalidates the application of any provision of this Conservation Easement to a person or circumstance, such action shall not affect the application of the provision to other persons or circumstances. d. Entire Agreement. This instrument together with the attached exhibits and any documents referred to herein sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Conservation Easement. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment in accordance with Section 17. e. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. f Successors and Assigns. The covenants, terms, conditions, and restrictions of this Conservation Easement shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall constitute a servitude running in perpetuity with the Easement Area. g. Termination of Rights and Obligations. Provided the transfer was consistent with the terms of this Conservation Easement, a parry's rights and obligations under this Conservation Easement shall terminate upon transfer of the party's interest in the Conservation Easement or Easement Area, except that liability for acts or omissions occurring prior to transfer shall survive transfer. h Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon its construction or interpretation. i. Counterparts. The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by all parties; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. j. Exhibits. All Exhibits referred to in this Conservation Easement are attached and incorporated herein by reference. k No Hazardous Materials Liability. (1) Grantor represents and warrants to Grantee it has no knowledge or notice of any Hazardous Materials (defined below) or underground storage tanks existing, generated, treated, stored, used, released, disposed of, deposited or abandoned in, on, under, or from the Grantor's Property, or transported to or from or affecting the Grantor's Property. (2) Without limiting the obligations of Grantor herein, Grantor hereby releases and agrees to indemnify, protect, defend and hold harmless the Grantee Indemnified Parties (defined in Subsection I I (b)) against any and all Claims (defined in Subsection I I (b)) arising from or connected with any Hazardous Materials present, alleged to be present, or otherwise associated with the Grantor's Property at any time, except that this release and indemnification shall be inapplicable to Grantee Indemnified Parties with respect to any Hazardous Materials placed, disposed or released by Grantee Indemnified Parties. This release and indemnification includes, without limitation, Claims for (i) injury to or death of any person or physical damage to any property; and (ii) the violation or alleged violation of, or other failure to comply with, any Environmental Laws (defined below) -19- (3) Despite any contrary provision of this Conservation Easement, the parties do not intend this Conservation Easement to be, and this Conservation Easement shall not be, construed such that it creates in or gives Grantee any of the following: (i) The obligations or liabilities of an "owner" or "operator," as those terms are defined and used in Environmental Laws (defined below), including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Section 9601 et seq.; hereinafter, "CERCLA"); (ii) The obligations or liabilities of a person described in 42 U.S.C. Section 9607(a)(3) or (4); (iii) The obligations of a responsible person under any applicable Environmental Laws; (iv) The right to investigate and remediate any Hazardous Materials associated with the Grantor's Property unless said investigation or remediation is related to the investigation or remediation of the Easement Area; or (v) Any control over Grantor's ability to investigate, remove, remediate or otherwise clean up any Hazardous Materials associated with the Grantor's Property unless said investigation or remediation by Grantor is related to the Easement Area. (1) The term "Hazardous Materials" includes, without limitation, (a) material that is flammable, explosive or radioactive; (b) petroleum products, including by-products and fractions thereof, and (c) hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials defined in CERCLA; Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.); the Hazardous Materials Transportation Act (49 U.S.C. Section 5101 et seq.); the Hazardous Waste Control Law (California Health & Safety Code Section 25100 et seq.); the Hazardous Substance Account Act (California Health & Safety Code Section 25300 et seq.), and in the regulations adopted and publications promulgated pursuant to them, or any other applicable federal, state or local laws, ordinances, rules, regulations or orders now in effect or enacted after the date of this Conservation Easement. (2) The term "Environmental Laws" includes, without limitation, any federal, state, local or administrative agency statute, ordinance, rule, regulation, order or requirement relating to pollution, protection of human health or safety, the environment or Hazardous Materials. Grantor and Grantee represents, warrants and covenants to each other that Grantor and Grantee's activities upon and use of the Easement Area will comply with all Environmental Laws. 1. Extinguishment. If circumstances arise in the future that render the Purpose of this Conservation Easement impossible to accomplish, this Conservation Easement can only be terminated or extinguished, in whole or in part, by judicial proceedings in a court of competent jurisdiction. In. Warranty. Grantor represents and warrants that Grantor is the sole owner of fee simple title to the Grantor's Property; that the Grantor's Property is not subject to any other conservation easement; and there are no outstanding mortgages, liens, encumbrances or other interests in the Grantor's Property (including, without limitation, water and mineral interests) that -20- may conflict or are otherwise inconsistent with this Conservation Easement and which have not been expressly subordinated to this Conservation Easement by a written, recorded Subordination Agreement approved by Grantee. n. No Merger. The doctrine of merger shall not operate to extinguish this Conservation Easement if the Conservation Easement and the Easement Area become vested in the same party. If, despite this intent, the doctrine of merger applies to extinguish the Conservation Easement then, unless Grantor and Grantee otherwise agree in writing, a replacement conservation easement containing the same protections embodied in this Conservation Easement shall be recorded against the Easement Area. o. Change of Conditions. If one or more of the Purposes of this Conservation Easement may no longer be accomplished, such failure of purpose shall not be deemed sufficient cause to terminate the entire Conservation Easement as long as any other purpose of the Conservation Easement may be accomplished. In addition, the inability to carry on any or all of the permitted uses, or the unprofitability of doing so, shall not impair the validity of this Conservation Easement or be considered grounds for its termination or extinguishment. Grantor and Grantee agree that global warming and climate change -caused effects shall not be a basis for termination of this Conservation Easement. [REMAINDER LEFT INTENTIONALLY BLANK] -21- IN WITNESS WHEREOF, Grantor, Grantee, and City have executed this Conservation Easement the day and year first above written and have agreed to be bound by the terms and provisions hereof. GRANTOR [notarization required]: LAM NGO AND HUYEN LAM TRAN, husband and wife as joint tenants Lam Ngo, joint tenant Huyen Lam Tran, joint tenant CITY [notarization required] CITY OF TEMECULA, a municipal corporation By: Aaron Adams, City Manager ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney -22- CERTIFICATE OF ACCEPTANCE This is to certify that the Conservation Easement by , a corporation, dated , to is accepted by the undersigned officers on behalf of Grantee. GRANTEE [notarization required] : By:_ Name: Title:_ Date: Attest: By: Name: Title: Date: -23- EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PRELIMINARY REPORT Fidelity National Title Company Your Reference: Roripaugh Project OrderNo.: 989-25008238-A-SG4 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF TEMECULA, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 3 OF PARCEL MAP NO. 18022, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 112, PAGES 28 AND 29 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. APN: 957-090-022-2 EXHIBIT A -I- EXHIBIT B LEGAL DESCRIPTION OF CONSERVATION EASEMENT APN- 957-09D-022 NG01TRAN PROPERTY That portion of Parcel 3 of Parcel Map No. 18022, in the City of Temecula. County of Riverside, State of Calkforn1a, as shown on the Map recorded in Book 112, Pages 28 and 29 of Parceh Maps, in the Office of the County Recorder of said Riverside County. described as follows: COMMENCING at the southwesterly corner of said Parcef 3, said point being on the northerly Right of Way line of Nicolas Road (55.00 foot half -width): Thence along the westerly line of said Parcel 3 North 09°10'13" West 45.00 feet to the TRUE POINT OF BEGINNING. Thence continuing along said westerly Iine North 09'1013" We$1 7p-48 feet; Thence leaving said westerly line North 49°27'43" East 324.31 feet; Thence North 81.24'24" East 39.37 feet ID the easterly line of said Parcel 3; Thence along said easterly fine South 08'10'35" East 144.72 feet, Thence leaving said easterly line South 82'07'37" West 31.88 feet. Thence South 08"42'10" East 111.13 feet: Thence South 83°17'39" West 76.48feet: Thence South 85'24'51' West 152.81 feet. Thence South 81'3616" West 52.27 feet to the TRUE POINT OF BEGfNNING. Containing 1.17 Acres. or 51.003 Square Feet, more or less This description was prepared by me or under my direction. ;❑ a� � rr �r � J U0Q p 4 OUd{lETTE � Date: 11- u * No. 758E Jo . Duquette, p 7566 IPA }e OR, Michael baker International September 2, 2020 40810 County Center Drive, Suite 200 JN 175051 Temecula, CA 92591 Page 1 of 1 -I- EXHIBIT C DEPICTION OF CONSERVATION EASEMENT CONSERVATION EASEMENT APN; 957-090-022 NGO/TRAN PROPERTY DATA TABLE BEARING/DELTA LENGTH 1 Nag, 10,13"w 75.00 2 N09'10'13"w 70.48' 3 N49'27'43"E 324.31 4 N81'24'24"E 39-37' 5 N0$°10'35"w 144.72' 6 N82'07'37"E 31.88' 7 N08"42'10 13 $ N93'17'39 E 76-48 N85 24'51"E 152.81' 10 N81'36'16'E 52727 Ct1 b 60 30 0 5C SCALE: 1"=60' 'z0 �Xv ,1 ?4Z p� LAr�q ?Q — '566) QL U�pQUETTE / 4 TPOB r UL W POC = POINT OF COMMENCEMENT SHEET 1 OF 1 TPOB = TRUE POINT OF AEG 1 NN I h1G ( ) = INDICATES RECORD DATA PER Michael Baker PSI 18022, PM13 1 12/28-29 1 N T E R N A T I O N A L EXHIBIT C -I- EXHIBIT D MITIGATION PLAN [To Be Attached] EXHIBIT D -I- EXHIBIT E TITLE REPORT [To Be Attached] EXHIBIT E -I- EXHIBIT F CURRENT NATURAL CONDITION OF THE EASEMENT AREA [To Be Attached] EXHIBIT F -1- EXHIBIT G COVER PAGE OF LONG-TERM MANAGEMENT PLAN [To Be Attached] EXHIBIT G -I- EXHIBIT TWO NAVEJAR PROPERTY DOCUMENTS FORM OF GRANT OF TEMPORARY CONSTRUCTION EASEMENT AND COVENANT FOR CONSTRUCTION OF PERMANENT IMPROVEMENTS Recording requested by and when recorded return to: CITY OF TEMECULA Attention: Randi Johl, Director of Legislative Affairs, City Clerk 41000 Main Street Temecula, California 92590-2764 SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No. 957-090-023 [X] Portion Documentary Transfer Tax $0.00 This Instrument is for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev & Tax Code § 11922). GRANT OF TEMPORARY CONSTRUCTION EASEMENT AND COVENANT FOR CONSTRUCTION OF CERTAIN PERMANENT IMPROVEMENTS This Grant of Temporary Construction Easement Agreement and Covenant for Construction of Permanent Improvements ("TCE Agreement and Covenant") is entered into as of , by and between Isaac G. Navejar and Isabel L. Navejar, as co -Trustees of The Navejar Living Trust, U/A dated July 18, 2019 (collectively "Grantor" below), and the CITY OF TEMECULA, a municipal corporation ("01y"). RECITALS WHEREAS, Grantor is the record fee owner of that certain real property located in the City of Temecula, County of Riverside, State of California, that is identified as Riverside County Tax Assessor's Parcel Number 957-090-023 ("Grantor's Property") described more particularly in EXHIBIT 1 attached hereto and incorporated herein by this reference. WHEREAS, City seeks to construct certain public street, drainage, and related improvements in connection with the extension of Nicolas Road from its current termination at Calle Girasol easterly to Butterfield Stage Road, Project Number LD20-1114 ("Project"). WHEREAS, Grantor desires to grant to the City and the City desires to acquire from Grantor an approximate 31,168 square foot Temporary Construction Easement with a term of -2- twelve (12) months on Grantor's Property to facilitate the City's construction of the Project, subject to the terms and conditions set forth herein. WHEREAS, portions of Grantor's Property are located in the floodway and based on said location, it is necessary for the City to construct certain permanent improvements on Grantor's Property in connection with the Project, including but not limited to the installation of riprap slope -erosion protection, which are more particularly described below. Grantor acknowledges receipt of a copy of the proposed plans for the Project and desires to authorize the City to construct said permanent improvements on Grantor's Property. NOW THEREFORE, for good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, Grantor and the City agree as follows: 1. Grant of Temporary Construction Easement. Grantor hereby grants to the City an approximate 31,168 square foot Temporary Construction Easement with a term of twelve (12) months ("Temporary Construction Easement") on Grantor's Property to facilitate the construction of the public street and related improvements in connection with the Project. The Temporary Construction Easement is described more particularly on EXHIBIT A labeled "Legal Description Temporary Construction Easement" and depicted on EXHIBIT B labeled "Depiction of Temporary Construction Easement — APN: 957-090-023, Navejar Property". EXHIBIT A and EXHIBIT B are attached to this TCE Agreement and Covenant are incorporated herein by this reference. 2. Commencement of Temporary Construction Easement. The term of the Temporary Construction Easement will commence thirty (30) calendar days after the date on which the City notifies Grantor in writing that it will commence its construction of the Project. The day that is the 30th calendar day after the date of said notice is the "Commencement Date" of the Temporary Construction Easement. 3. Scope of Temporary Construction Easement. a. The Temporary Construction Easement is for the use by the City, its contractors, subcontractors, employees and agents (collectively, "City Designees") for said twelve (12) month period and the purpose and scope of this Temporary Construction Easement is to facilitate the City's construction of the Project, including, without limitation, use of the Temporary Construction Easement for construction staging purposes, storage of equipment and material in connection with the City's construction of the Project. b. City and City Designees also have the right to use the Temporary Construction Easement area to construct the permanent improvements described more particularly in Section 5 below within the area of the Temporary Construction Easement on Grantor's Property. 4. No Liens. The City agrees to keep the Temporary Construction Easement free of any liens including, without limitation, liens by contractors, subcontractors, or suppliers, engineers, architects, surveyors, or others that may have lien rights for work, arising out of the City's use of the Temporary Construction Easement in connection with the construction of the Project. If any such lien is filed on Grantor's Property in connection with the City's use of the Temporary Construction Easement, the City will, at its sole cost and expense, have the lien released -3- and discharged of record in a matter satisfactory to the Grantor within thirty (30) calendar days of receiving notice of the lien. If the City fails to remove the lien within such thirty (30) day period, Grantor will have the right to remove the lien, and City, upon demand, will reimburse the Grantor for all costs and expenses, including without limitation attorneys' fees incurred by Grantor in connection with such removal. 5. Covenant Running with the Land — Covenant for Construction of Certain Permanent Improvements on Grantor's Property. Grantor hereby covenants and agrees that in consideration for payment of compensation from the City and for other good and valuable consideration, the City and the City Designees also have the right to construct certain permanent improvements on portions of the Temporary Construction Easement area, including, without limitation, riprap slope -erosion protection, described more particularly in EXHIBIT C, which is attached hereto and incorporated herein by this reference. Grantor agrees and acknowledges that City and City Designees will have no responsibility for maintenance of the permanent improvements described in EXHIBIT C hereto after the City's construction of the Project and that Grantor is solely responsible for all costs of maintenance of said permanent improvements. This covenant for construction of certain permanent improvements described on EXHIBIT C hereto in the area of the Temporary Construction Easement is a covenant running with the land and is binding upon Grantor, Grantor's heirs, executors, administrators, successors, and assigns and on any party that has an interest in Grantor's Property. Grantor consents to and acknowledges that the Covenant for Construction of Certain Permanent Improvements contained in this TCE Agreement and Covenant will be recorded in the Official Records of the County of Riverside, California. 6. Termination of City's Right to Use Temporary Construction Easement. The Temporary Construction Easement will expire on the earlier to occur of (a) twelve (12) months after the Commencement Date or (b) the date that the City records a Notice of Termination of the Temporary Construction Easement in the Official Records of the County. Upon the expiration of the Temporary Construction Easement, the City agrees to take such actions as the Grantor may reasonably request to evidence and give effect to the extinguishment of the City's use of the Temporary Construction Easement and the relinquishment of the City's rights and interests in the Temporary Construction Easement pursuant to this TCE Agreement and Covenant. 7. Insurance. Prior to entry on the area of the Temporary Construction Easement, City will cause its contractor for the Project to procure and maintain a policy of general commercial liability insurance naming Grantor as additional named insured covering any and all claims, demands, and causes of action against Grantor arising out of or pertaining to the use of the Temporary Construction Easement by or activities of City's contractor pursuant to this TCE Agreement and Covenant. Such insurance will be maintained in force during the term of the Temporary Construction Easement. The contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the contractor, its agents, representatives, employees or subcontractors. a. Minimum Scope of Insurance: Coverage shall be at least as broad as: (1) General Liability Form No. CG 00 01 1185 or 88. so (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the contractor has no employees while performing under this contract, worker's compensation insurance is not required, but contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance: The contractor shall maintain limits no less than: (1) General Liability: Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. (4) Deductibles and Self -Insured Retentions: Any deductibles or self- insurance retentions shall not exceed Twenty -Five Thousand Dollars ($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) City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers are to be covered as insureds as respect to liability arising out of activities performed by or on behalf of the contractor; products and completed operations of the contractor; premises owned, occupied or used by the contractor; or automobiles owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents or volunteers. (2) For any claims related to this Project, the contractor's insurance coverage shall be primary insurance as respect to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers shall be excess of the contractor's insurance and shall not contribute with it. -5- (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers. (4) The contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this TCE Agreement and Covenant shall be endorsed to state in substantial conformance to the following: if the policy will be cancelled before the expiration date the insurer will notify in writing to City of such cancellation not less than thirty (30) days prior to the cancellation effective date. (6) If insurance coverage is cancelled or, reduced in coverage or in limits the contractor shall within two business days of notice from the insurer, phone, fax, and/or notify City via certified mail, return receipt requested of the changes to or cancellation of the policy. (7) Course of construction policies shall contain the following provisions: (1) additional insured shall be named as loss payee, and (2) the insurer shall waive all rights of subrogation against entity. d. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-, VII or better, unless otherwise acceptable to City. Self-insurance shall not be considered to comply with these insurance requirements. e. Verification of Coverage: Contractor shall furnish 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 City. All endorsements are to be received and approved by the City before work commences. As an alternative to 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. f. Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 8. City's Obligations on Termination of Term of Temporary Construction Easement. The City agrees that, as of the termination date of the Temporary Construction Easement, the City will remove any construction equipment and materials stored in the area of the Temporary Construction Easement in connection with the Project. Further, the City will cause the City Designees to replace with material and like quality any hardscape, landscaping, and improvements located in the area of the Temporary Construction Easement that are damaged in connection with the City's use of the Temporary Construction Easement for the construction of the Project. Grantor acknowledges that the permanent improvements constructed in the area of the Temporary W Construction Easement and described in Exhibit C will remain on Grantor's Property after the construction of the Project. 9. Maintenance of Permanent Improvements on Grantor's Property. Upon the expiration of the Temporary Construction Easement, Grantor shall, at Grantor's sole cost and expense, operate, maintain, repair and replace (as applicable) the permanent improvements constructed on Grantor's Property within the Temporary Construction Easement area described on Exhibit C hereto and all installations connected thereto, in good condition and repair and otherwise in compliance with all applicable laws. 10. Notices. All notices and demands will be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices will be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service. A copy of all notices will be sent to Administrator for and on behalf of the Owners. The parties will address such notices as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party will thereafter be given as demanded in that notice: City: City of Temecula 41000 Main Street Temecula, California 92590 Attention: Aaron Adams, City Manager Copy to: Richards, Watson & Gershon 350 South Grand Avenue, 37th Floor Los Angeles, California 90071 Attention: Peter M. Thorson, City Attorney Grantor: Isaac G. Navejar and Isabel L. Navejar, as co - Trustees 39622 Liefer Road Temecula CA 92591 Telephone: Not Available Attention: Vanessa Ugalde Email: famubko5@gmail.com 11. Miscellaneous Provisions. a. Any amendments to this TCE Agreement and Covenant must be in writing and duly executed by both Grantor and the City. b. This TCE Agreement and Covenant will be construed and interpreted under, and governed and enforced according to the laws of the State of California. C. This TCE Agreement and Covenant contains the entire agreement between the Grantor and the City regarding the Temporary Construction Easement and construction of -7- certain permanent improvements within the Temporary Construction Easement portion of the Grantor's Property. d. Except as otherwise provided herein, the provisions of this TCE Agreement and Covenant will be binding on and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. e. This TCE Agreement and Covenant may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. f. Each party has reviewed this TCE Agreement and Covenant and each has had the opportunity to have its respective counsel and real estate advisors review and revise this TCE Agreement and Covenant and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this TCE Agreement and Covenant or any amendments or exhibits thereto. g. If any part, term or provision of this TCE Agreement and Covenant is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of each party will be construed and enforced as if this TCE Agreement and Covenant did not contain the particular part, term or provision held to be invalid. [SIGNATURES TO FOLLOW] -8- IN WITNESS WHEREOF, the Grantor and the City have entered into this TCE Agreement and Covenant as of the date set forth above. Dated: GRANTOR ISAAC G. NAVEJAR, as Co -Trustee of THE NAVEJAR LIVING TRUST, U/A DATED JULY 18, 2019 ISABEL L. NAVEJAR, as Co -Trustee of THE NAVEJAR LIVING TRUST, U/A DATED JULY 18, 2019 Dated: CITY OF TEMECULA, a municipal corporation Aaron Adams, City Manager ATTEST: M. Randi Johl, Director of Legislative Affairs, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney In 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 ) On , before (insert name of notary) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary: (Seal) -10- 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 On , before me, , (insert name of notary) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary: (Seal) -11- EXHIBIT I LEGAL DESCRIPTION OF GRANTOR'S PROPERTY EMQBIT A LEGAL ❑ECRIPTION THE L-XD- REFERRED TO HEREIN BELOW IS SIT[:ATED IN THE GTI'Y OF TFAMCULA, DV THE C'OU-N Y OF R- TF.RSIDE, STATE OF CALIFORNL4, AND IS DESCRIBED AS FOLLOWS - PARCEL 4 OF PARCEL MAP 18022, IN TEE MY OF TEMECLZA COUNTY OF RRTRSIDE, STATE OF CALIFOR LA, AS SHOWN BY MAP ON FILE IN BOOK 112, PAGES 28 AND 29 OF PARCEL MAPS. RIVERSIDE COL-ITY RECORDS_ APN: 957-09"23 EXHIBIT 1 -1- EXHIBIT A LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT EXHIBIT A TO EXHIBIT B LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT That portion of Parcel 4 of Parcel Map No. 18022, in the City of Temecula_ County of Riverside. Slate of California, as shown on the map recorded in Book 1 124 Pages 28 and 29 of Parcel Maps. in the Office of the County Recorder of said Riverside County, described as foliaws: BEGINNING at the southeasterly corner of said Parcei 4, said point being on the northerly Right of Way line of Nicolas Road (55.00 foot half -width): Thence along the easterly line of said Parcel 4 North 09'1013" West 107.45 feet; Thence leaving said easterly line South 49'1117" West 0.92 feet: Thence South 49°01'49" West 103.63 feet; Thence South 70°04'10" West 126.67 feet; Thence South 73"53'38" West 67.95 feet; Thence South 20°49'47" West 46.75 feet to the westerly line of said Parcel 4- Thence along said westerly line and the southerly line of said Parcel 4 South 06°32'34" East 12.12 feet, Thence South 53°38'2V East 33.78 fee# to the Thence North 81'36'16" East 281.06 feet to the POINT OF BEGINNING. Containing 0.72 Acres, or 3 1, 168 Square Feet: more or less This description was prepared by me or under my direction. Date' g?l zo Jo R. Duquette LS 7566 Michael Baker International 40810 County Centel Drive, Suile 200 Temecula, CA 92591 �PAti LAtloS��� Q JOHN A, F' o buouErrE * No.7R6E 0p C pll AFC September 2, 2020 JAI 175051 Page 1 of 1 EXHIBIT A -1- EXHIBIT B DEPICTION OF TEMPORARY CONSTRUCTION EASEMENT A hk 9 7-090-023 NAVEJAR PROPERTY %, l SCALE: 1"=60' F� = POINT OF COMMENCEMENT TPOB = TRUE POINT OF BEGINNING ( ) _ INDICATES RECORD DATA PER PM NO 18022, FMB 112/28-29 EXHIBIT B -I- — V'� - --- - L - - DATA TABLE BEARING/DELTA LENGTH 1 N49'11'17'E 0.92 2 N49*O1'49"E 103,63' 3 N70'04'10-E 126-67' 4 h17.3'53' 38"E 67.95' 46.75' 5 N20 49'WE 6 ND6'Z2'34 W 12.'2' 7 P;53°38'21"ri ;3 T8' SHEE- ' IN T E R NAT I ON At EXHIBIT C DESCRIPTION OF PERMANENT IMPROVEMENTS TO BE CONSTRUCTED ON PORTION OF GRANTOR'S PROPERTY APN. 957-090-023 NAVEJAR PROPERTY I I I � I LL L .467 mom 64 30 0 sO NICOLAS ROAD SCALE: 1 -60' LWEWm TEMPORARY CONSTRUCTION EASEMENT AND COVENANT FOR CONSTRUCTION OF PERMANENT IMPROVEMENTS RIP RAP SLOPE EROSION PROTECTION EXHIBIT C -I- INTERNATIONAL EXHIBIT THREE GARCIA PROPERTY DOCUMENTS EXHIBIT THREE — GARCIA DOCUMENTS FORM OF GRANT OF TEMPORARY CONSTRUCTION EASEMENT AND COVENANT FOR CONSTRUCTION OF PERMANENT IMPROVEMENTS Recording requested by and when recorded return to: CITY OF TEMECULA Attention: Randi Johl, Director of Legislative Affairs, City Clerk 41000 Main Street Post Office Box 9033 Temecula, California 92590-2764 SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No. 957-150-005 [X] Portion Documentary Transfer Tax $0.00 This Instrument is for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev & Tax Code § 11922). GRANT OF TEMPORARY CONSTRUCTION EASEMENT AND COVENANT FOR CONSTRUCTION OF PERMANENT IMPROVEMENTS This Grant of Temporary Construction Easement Agreement ("TCE Agreement") is entered into as of , by and between Jose Leonardo Garcia and Mayerling Alida Monteros-Garcia, as joint tenants (collectively "Grantor" below), and the CITY OF TEMECULA, a municipal corporation ("City"). RECITALS WHEREAS, Grantor is the record fee owner of that certain real property located in the City of Temecula, County of Riverside, State of California, identified as Riverside County Tax Assessor's Parcel Number 957-150-005 ("Grantor's Property"); described more particularly in Exhibit 1 attached hereto and incorporated herein by this reference_ WHEREAS, City seeks to construct certain public street, drainage, and related improvements in connection with the extension of Nicolas Road from its current termination at Calle Girasol easterly to Butterfield Stage Road, Project Number LD20-1114 ("Project"). WHEREAS Grantor desires to grant to the City and the City desires to acquire from Grantor an approximate 31,520 square foot Temporary Construction Easement with a term of twelve (12) months on Grantor's Property to facilitate the City's construction of the Project, subject to the terms and conditions set forth herein. -2- NOW THEREFORE, for good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, Grantor and the City agree as follows: 1. Grant of Temporary Construction Easement. Grantor hereby grants to the City an approximate 31,520 square foot Temporary Construction Easement with a term of twelve (12) months ("Temporary Construction Easement") on Grantor's Property to facilitate the construction of the public street and related improvements in connection with the Project. The Temporary Construction Easement is described more particularly on EXHIBIT A labeled "Legal Description Temporary Construction Easement" and depicted on EXHIBIT B labeled "Depiction of Temporary Construction Easement — APN 957-150-005, Garcia Property". EXHIBIT A and EXHIBIT B are attached to this TCE Agreement are incorporated herein by this reference. 2 Commencement of Temporary Construction Easement. The term of the Temporary Construction Easement will commence thirty (30) calendar days after the date on which the City notifies Grantor in writing that it will commence its construction of the Project. The day that is the 30th calendar day after the date of said notice is the "Commencement Date" of the Temporary Construction Easement. 3. Scope of Temporary Construction Easement. The Temporary Construction Easement is for the use by the City, its contractors, subcontractors, employees and agents (collectively, "City Designees") for said twelve (12) month period and the purpose and scope of this Temporary Construction Easement is to facilitate the City's construction of the Project, including, without limitation, use of the Temporary Construction Easement for construction staging purposes, storage of equipment and material in connection with the City's construction of the Project. 4 No Liens. The City agrees to keep the Temporary Construction Easement free of any liens including, without limitation, liens by contractors, subcontractors, or suppliers, engineers, architects, surveyors, or others that may have lien rights for work, arising out of the City's use of the Temporary Construction Easement in connection with the construction of the Project. If any such lien is filed on Grantor's Property in connection with the City's use of the Temporary Construction Easement, the City will, at its sole cost and expense, have the lien released and discharged of record in a matter satisfactory to the Grantor within thirty (30) calendar days of receiving notice of the lien. If the City fails to remove the lien within such thirty (30) day period, Grantor will have the right to remove the lien, and City, upon demand, will reimburse the Grantor for all costs and expenses, including without limitation attorneys' fees incurred by Grantor in connection with such removal. 5. Termination of City's Right to Use Temporary Construction Easement. The Temporary Construction Easement will expire on the earlier to occur of (a) Twelve (12) months after the date on which the City provides to Grantor written notice of the City's commencement of the construction of the Project or (b) the date that the City records a Notice of Termination of the Temporary Construction Easement in the Official Records of the County. Upon the expiration of the Temporary Construction Easement, the City agrees to take such actions as the Grantor may reasonably request to evidence and give effect to the extinguishment of the City's use of the -3- Temporary Construction Easement and the relinquishment of the City's rights and interests in the Temporary Construction Easement pursuant to this TCE Agreement. 6. Insurance. Prior to entry on the area of the Temporary Construction Easement, City will cause its contractor for the Project to procure and maintain a policy of general commercial liability insurance naming Grantor as additional named insured covering any and all claims, demands, and causes of action against Grantor arising out of or pertaining to the use of the Temporary Construction Easement by or activities of City's contractor pursuant to this TCE Agreement. Such insurance will be maintained in force during the term of the Temporary Construction Easement. The contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the contractor, its agents, representatives, employees or subcontractors. a. Minimum Scope of Insurance: Coverage shall be at least as broad as: (1) General Liability Form No. CG 00 01 1185 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the contractor has no employees while performing under this contract, worker's compensation insurance is not required, but contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance: The contractor shall maintain limits no less than: (1) General Liability: Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. (4) Deductibles and Self -Insured Retentions: Any deductibles or self- insurance retentions shall not exceed Twenty -Five Thousand Dollars ($25,000). C. Other Insurance Provisions: The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: In (1) City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers are to be covered as insureds as respect to liability arising out of activities performed by or on behalf of the contractor; products and completed operations of the contractor; premises owned, occupied or used by the contractor; or automobiles owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents or volunteers. (2) For any claims related to this Project, the contractor's insurance coverage shall be primary insurance as respect to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers shall be excess of the contractor's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers. (4) The contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this TCE Agreement and Covenant shall be endorsed to state in substantial conformance to the following: if the policy will be cancelled before the expiration date the insurer will notify in writing to City of such cancellation not less than thirty (30) days prior to the cancellation effective date. (6) If insurance coverage is cancelled or, reduced in coverage or in limits the contractor shall within two business days of notice from the insurer, phone, fax, and/or notify City via certified mail, return receipt requested of the changes to or cancellation of the policy. (7) Course of construction policies shall contain the following provisions: (1) additional insured shall be named as loss payee, and (2) the insurer shall waive all rights of subrogation against entity. d. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-, VII or better, unless otherwise acceptable to City. Self-insurance shall not be considered to comply with these insurance requirements. e. Verification of Coverage: Contractor shall furnish 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 -5- forms provided by City. All endorsements are to be received and approved by the City before work commences. As an alternative to 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. f. Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 7. City's Obligations on Termination of Term of Temporary Construction Easement. The City agrees that, as of the termination date of the Temporary Construction Easement, the City will remove any construction equipment and materials stored in the area of the Temporary Construction Easement in connection with the Project. Further, the City will cause the City Designees to replace with material and like quality any hardscape, landscaping, and improvements located in the area of the Temporary Construction Easement that are damaged in connection with the City's use of the Temporary Construction Easement for the construction of the Project. 8. Notices. All notices and demands will be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices will be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service. A copy of all notices will be sent to Administrator for and on behalf of the Owners. The parties will address such notices as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party will thereafter be given as demanded in that notice: City: City of Temecula 41000 Main Street Temecula, California 92590 Attention: Aaron Adams, City Manager Copy to: Richards, Watson & Gershon 350 South Grand Avenue, 37th Floor Los Angeles, California 90071 Attention: Peter M. Thorson, City Attorney Grantor: Jose Leonardo Garcia and Mayerling Alida Monteros-Garcia, as joint tenants 31270 Tommy Lane Temecula, CA 92591 Telephone: Not Available Attention: Not Available Email: mayerlingl7@gmail.con 10. Miscellaneous Provisions. IM a. Any amendments to this TCE Agreement must be in writing and duly executed by both Grantor and the City. b. This TCE Agreement will be construed and interpreted under, and governed and enforced according to the laws of the State of California. C. This TCE Agreement contains the entire agreement between the Grantor and the City regarding the Temporary Construction Easement and construction of certain permanent improvements within the Temporary Construction Easement portion of the Grantor's Property. d Except as otherwise provided herein, the provisions of this TCE Agreement will be binding on and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. e. This TCE Agreement may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. f. Each party has reviewed this TCE Agreement and each has had the opportunity to have its respective counsel and real estate advisors review and revise this TCE Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this TCE Agreement or any amendments or exhibits thereto. g. If any part, term or provision of this TCE Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of each party will be construed and enforced as if this TCE Agreement did not contain the particular part, term or provision held to be invalid. [SIGNATURES TO FOLLOW] -7- IN WITNESS WHEREOF, the Grantor and the City have entered into this TCE Agreement as of the date set forth above. Dated: Dated: JOSE LEONARDO GARCIA AND MAYERLING ALIDA MONTEROS-GARCIA, as joint tenants Jose Leonardo Garcia, joint tenant Mayerling Alida Monteros-Garcia, joint tenant CITY OF TEMECULA, a municipal corporation By: Matt Rahn Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney 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 ) On , before (insert name of notary) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary: 10 (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On , before me, , (insert name of notary) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary: (Seal) -10- EXHIBIT I DESCRIPTION OF GRANTOR'S PROPERTY, LEGAL DESCRIPTION PRELIMINARY REPORT Fidelity National Title Company Your Reference: Roripaugh Project Order No.: 989-25008257-A-SG4 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF TEMECULA, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1 OF PARCEL MAP 13678, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 73, PAGE(S) 65 AND 66 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY. EXCEPTING THEREFROM THE MOBILE HOME OR MANUFACTURED HOUSING UNIT AND APPURTENANCES, IF ANY, LOCATED ON SAID LAND. APN: 957-150-005 EXHIBIT I -I- EXHIBIT A LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT APN: 957-150-005, GARCIA f R ERTY That portion of Parcel 1 of Parcel Map No. 13578, in the City of Ternecon, County of Riverside, Mate of California, as shown on the map recorded in Book T3, Pages 85 and $;� of Pzircel Maps, in the Office of the County Recorder of said Riverside County, described as follows: COMM ENCINfi at the Centerline Intersection of Nicolas Road and Cal le Girasol 8s shown on said Pa roe] Map Na. 13678; Thence along the Centerline of said Woolas Road North 65°58'34' East 146.35 feet; Thence leaving said Centerline South 24'01'26- East 55.00 feet to the northwesterly line of said Parcel 1, said poi n t bei ng th a TRU E POINT OF B FG IN Ni NG: Then r..e along said norhwesterly line North 65°58'34' East 20.07: Thence leaving said northwesterly line South 24°01'26" Fast 39,89 feet: Thence South 09'18'59' East 134.69 feet_ Thence South 12°18'15" Vest 43.83 feet; Thence South 16'30'15" East 78.62 feet; Thence South 06`25'33" VVes1 29.42 feet, Thence South 33'35-08' West 41.42 feet; Thence South 6r59'24" Wesl 16.44 feet to the southwesterly line of said Parcel 1; Thence along said Southwesterly and the northwesterly lines of said Parcel 1 North 24'00'36" Wast 305.98 feet; Thenfle North 23"32'46' East 3 3.9 7 feet; Thence North 65"58'34' East 91-36 feet to the TRUE POINT OF SEfiINNING. Containing 0.72 Acres, or 31,520 Square Feet. more or less This description was prepared by me or under my direction. �`� Jo� a � a ou❑u ie NO. T LP Date; ) E ' R Duquette L 566 Gay Michael Baker International May 1. 2020 40810 County Center Drive, Suite 2-130 JN 175051 Ternectila, GA 92591 Page 1 of 1 EXHIBIT A -I- EXHIBIT B DEPICTION OF TEMPORARY CONSTRUCTION EASEMENT 3c " 60 30 0 60 SCALE: 1 %60' APN: 957-150-005 GARCIA PROPERTY �z P l - EXHIBIT B -1- DATA TABLE BEARING/DELTA LENGTH 1 N24'01'26'W 55.W, 2 iU65 58'34"E 2M7' 3 N24 01 26 W 39.89' 4 N09'18'59'W 134.69' 5 N12'18'16"E 43.83' 6 N16'34'15"W 76.62 7 N06'25'33"E 29.42' $ N33"35'05"E 41_42' 9 N65°59'24"E 16.44' 10 N23'22'06"E 33.97' 11 N65'58'34"E 91.36' POC = POINT OF COmmENCEmENT TPOB = TRUE POINT OF BEGINNING [ } = INDICATES RECORD DATA PER PM 13678, PmS 73/85-a6 � 30HH R. p � OUQU£7TE p * N6, T5fiG SHEET 1 OF 1 INTERHAT10NAL EXHIBIT C [NOT USED] EXHIBIT C -I- FORM OF PERMANENT MAINTENANCE AND ACCESS EASEMENT Recording requested by and when recorded return to: CITY OF TEMECULA Attention: Randi Johl, Director of Legislative Affairs, City Clerk 41000 Main Street Post Office Box 9033 Temecula, California 92590-2764 SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No. 957-150-005 [X] Portion Documentary Transfer Tax $0.00 This Instrument is for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev & Tax Code § 11922). GRANT OF PERMANENT MAINTENANCE AND ACCESS EASEMENT AGREEMENT This Grant of Permanent Maintenance and Access Easement Agreement ("PME Agreement") is entered intoas of , by and between Jose Leonardo Garcia and Mayerling Alida Monteros-Garcia, as joint tenants (collectively "Grantor" below), and the CITY OF TEMECULA, a municipal corporation ("City"). RECITALS WHEREAS, Grantor is the record fee owner of the real property commonly known as the Garcia Property, in the City, County of Riverside, State of California, that is identified as Riverside County Tax Assessor's Parcel Number 957-150-005 ("Grantor's Property'). WHEREAS, City seeks to construct certain public street, drainage, and related improvements in connection with the extension of Nicolas Road from its current termination at Calle Girasol easterly to Butterfield Stage Road, Project Number LD20-1114 ("Project"). WHEREAS, Grantor desires to grant to the City a permanent maintenance and access easement, to facilitate maintenance of the public street and related improvements in connection with extending Nicolas Road from its current termination at Calle Girasol easterly to Butterfield Stage Road, Project Number LD20-1114 ("Project"). WHEREAS, in connection with the Agreement, Grantor desires to grant to the City and the City desires to acquire from Grantor an approximate 26,957 square foot permanent -1- maintenance and access easement on Grantor's Property in order for the City to maintain all appurtenant Project improvements within the permanent maintenance and access easement area at City's sole cost and expense. NOW THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, Grantor and the City agree as follows: 1. Grantor hereby grants to the City an approximate 26,957 square foot perpetual, non- exclusive permanent maintenance and access easement ("permanent maintenance and access easement") on Grantor's Property to access, construct, and maintain all appurtenant Project improvements within the permanent maintenance and access easement area at City's sole cost and expense. The permanent maintenance and access easement is described more particularly on Exhibit A labeled "Legal Description Permanent Maintenance and Access Easement" and depicted on Exhibit B labeled "Depiction of Permanent Maintenance Easement — APN 957-150-005, Garcia Property". Exhibit A and Exhibit B are attached to this PME Agreement and are incorporated herein by this reference. 2. The City shall act as "Maintenance Manager" under this PME Agreement. Maintenance Manager shall have the right to retain third -party contractors to carry out the duties of Maintenance Manager; provided, however, Maintenance Manager shall not be relieved of its obligations hereunder as a result thereof. The City will bear the cost of any such third -party contractor(s). 3. City Obligations. - a City shall operate, maintain, repair, restore, replace and make necessary improvements to the permanent maintenance and access easement area. Such maintenance and repair shall include, without limitation, the following: (1) maintenance of the surface of the improvements located within the permanent maintenance and access easement area in a clean and safe condition, including the paving and repairing or surfacing and resurfacing of such area when necessary with the type of material originally installed therein, or such substitute therefor as shall in all respects be equal thereto in quality, appearance and durability; the removal of debris and waste materials and the washing or sweeping of paved areas as required; and the painting and repainting of the center line dividers, striping, markers and signs as required. (2) cleaning, maintaining and re-lamping of any external lighting fixtures and related fixtures located within the permanent maintenance and access easement area; (3) performance of necessary maintenance of all landscaping as required anywhere within the permanent maintenance and access easement area, including without limitation re -vegetation and all other applicable governmental or quasi -governmental authorities of which City has actual knowledge, the trimming, watering and fertilization of all grass, ground cover, shrubs and trees, removal of dead or waste material and replacement of any dead or diseased grass, ground cover, shrubs or trees; and -2- (4) the construction of such additional capital improvements to the permanent maintenance and access easement area and repair and replacement of such additional capital improvements as may be necessary or appropriate from time to time. b. City shall operate and maintain the permanent maintenance and access easement area in a neat, orderly and safe condition and in such a manner as to enhance its appearance, maintain established slope ratios, prevent erosion or sliding problems, and to facilitate the orderly discharge of water through drainage systems and facilities established over the Project. No structure, planting or other material shall be placed or permitted to remain, or other activities undertaken on any area within the permanent maintenance and access easement area which might create erosion or sliding problems, or interfere with established or existing natural drainage systems or facilities. C. Prior to entry on the area of the permanent maintenance and access easement, City will cause its contractor for the Project to procure and maintain a policy of general commercial liability insurance naming Grantor as additional named insured covering any and all claims, demands, and causes of action against Grantor arising out of or pertaining to the use of the permanent maintenance and access easement by or activities of City's contractor pursuant to this PME Agreement. Such insurance will be maintained in force during the term of the permanent maintenance and access easement. The contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the contractor, its agents, representatives, employees or subcontractors. d Minimum Scope of Insurance: Coverage shall be at least as broad as: (1) General Liability Form No. CG 00 01 1185 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the contractor has no employees while performing under this contract, worker's compensation insurance is not required, but contractor shall execute a declaration that it has no employees. e. Minimum Limits of Insurance: The contractor shall maintain limits no less than: (1) General Liability: Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit. -3- (2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. (4) Deductibles and Self -Insured Retentions: Any deductibles or self- insurance retentions shall not exceed Twenty -Five Thousand Dollars ($25,000). (5) Other Insurance Provisions: The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (a) City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers are to be covered as insureds as respect to liability arising out of activities performed by or on behalf of the contractor; products and completed operations of the contractor; premises owned, occupied or used by the contractor; or automobiles owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents or volunteers. (b) For any claims related to this Project, the contractor's insurance coverage shall be primary insurance as respect to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers shall be excess of the contractor's insurance and shall not contribute with it. (c) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers. (d) 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. (e) Each insurance policy required by this PME Agreement shall be endorsed to state in substantial conformance to the following: if the policy will be cancelled before the expiration date the insurer will notify in writing to City of such cancellation not less than thirty (30) days prior to the cancellation effective date. (f) If insurance coverage is cancelled or, reduced in coverage or in limits the contractor shall within two business days of notice from the insurer, phone, fax, and/or notify City via certified mail, return receipt requested of the changes to or cancellation of the policy. ME (g) Course of construction policies shall contain the following provisions: (1) additional insured shall be named as loss payee, and (2) the insurer shall waive all rights of subrogation against entity. (h) Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-, VII or better, unless otherwise acceptable to City. Self-insurance shall not be considered to comply with these insurance requirements. 0 Verification of Coverage: Contractor shall furnish 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 City. All endorsements are to be received and approved by City before work commences. As an alternative to 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. 0) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. £ Each party waives any right of recovery against the others for damage, injury or loss covered by the insurance required to be maintained under the PME Agreement. Subject to the preceding sentence, each party shall be liable for any damage caused to the permanent maintenance and access easement area, or to any of the equipment or improvements thereon, which may be sustained by reason of the negligence or willful misconduct of such party, its employees, agents, members, contractors, invitees and/or guests. 4. The City, at its sole costs, will operate, maintain, repair, restore, and improve the permanent maintenance and access easement area. 5. The City agrees to keep the permanent maintenance and access easement free of any liens including, without limitation, liens by contractors, subcontractors, or suppliers, engineers, architects, surveyors, or others that may have lien rights for work, arising out of the City's use of the permanent maintenance and access easement in connection with the maintenance of the Project. If any such lien is filed on Grantor's Property in connection with the City's use of the permanent maintenance and access easement, the City will, at its sole cost and expense, have the lien released and discharged of record in a matter satisfactory to the Grantor within thirty (30) calendar days of receiving notice of the lien. If the City fails to remove the lien within such thirty (30) day period, Grantor will have the right to remove the lien, and City, upon demand, will reimburse the Grantor for all costs and expenses, including without limitation attorneys' fees incurred by Grantor in connection with such removal. 6. All notices and demands will be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices will be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States -5- mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service. A copy of all notices will be sent to Administrator for and on behalf of the Owners. The parties will address such notices as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party will thereafter be given as demanded in that notice: City: City of Temecula 41000 Main Street Temecula, California 92590 Attention: Aaron Adams, City Manager Copy to: Richards, Watson & Gershon 350 South Grand Avenue, 37th Floor Los Angeles, California 90071 Attention: Peter M. Thorson, City Attorney Grantor: Jose Leonardo Garcia and Mayerling Alida Monteros-Garcia, as joint tenants 31270 Tommy Lane Temecula, CA 92591 Telephone: Not Available Attention: Not Available Email: Not Available 7. Miscellaneous Provisions. a. Any amendments to this PME Agreement must be in writing and duly executed by both Grantor and the City. b. This PME Agreement will be construed and interpreted under, and governed and enforced according to the laws of the State of California. C. This PME Agreement contains the entire agreement between the Grantor and the City regarding the permanent maintenance and access easement. d. Except as otherwise provided herein, the provisions of this PME Agreement will be binding on and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. e. This PME Agreement may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. £ Each party has reviewed this PME Agreement and each has had the opportunity to have its respective counsel and real estate advisors review and revise this PME Agreement and that any rule of construction to the effect that ambiguities are to be resolved against I on the drafting party will not apply in the interpretation of this PME Agreement or any amendments or exhibits thereto. g. If any part, term or provision of this PME Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of each party will be construed and enforced as if this PME Agreement did not contain the particular part, term or provision held to be invalid. [SIGNATURES TO FOLLOW] -7- IN WITNESS WHEREOF, the Grantor and the City have entered into this PME Agreement as of the date set forth above. Dated: Dated: JOSE LEONARDO GARCIA AND MAYERLING ALIDA MONTEROS-GARCIA, as joint tenants Jose Leonardo Garcia, joint tenant Mayerling Alida Monteros-Garcia, joint tenant CITY OF TEMECULA, a municipal corporation By: Matt Rahn Mayor ATTEST: By: Randi Johl, Director of Legislative Affairs, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney 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 ) On , before (insert name of notary) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary: 10 (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On , before me, , (insert name of notary) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary: (Seal) -10- EXHIBIT A LEGAL DESCRIPTION OF PERMANENT MAINTENANCE AND ACCESS EASEMENT APN: 957-150-005, GARCIA PROPERTY That portion of Parcel 1 of Parcel Map No. 13678. in the City of Temecula. County of Riverside, Slate of California_ as shown an the map recorded in Book 73, Pages 85 and 66 of Parcel Maps, in the Office of the County recorder of said Riverside County, described as 10ows: COMMENCING at the Centerline intersection of Nicolas Road and Calle Girasol as shown on said Parcel Map No. 13678: Thence along the centerline of said Nicolas Road North 65`58'34" East 146.35 feel; Thence leaving said centerline South 24'01'26' East 55.00 feel to the northwesterly line of said Parcel 1, said paint being the TRUE POINT OF BEGINNING; Thence South 42°16'03" East 41.83 feet, Thence South 01'18'55' East 93.45 feet, Thence South 27°05'17" East 35.33 feet; Thence South 25°17'91' West 34.58 feet. Thence South 16'30'15" East 95.17 rest; Thence South 06°25'33' West 24.98 feel: Thence South 33°35'48' West 36,10 feel. Thence South 65°59'24' West 13.54 feet to the southwesterly line of said Parcel 1; Thence along the southwesterly, and northwesterly line of said Parcel 1 the following courses; North 24'00'36" West 295.98 feet. Thence North 23°22'06- East 33.97 feet, Thence North 65°58'34- East 91.36 feet to the TRUE POINT OF SEGINNING. Containing 0.62 Aces, or 26.957 Square feet. more or Jess �v0t LQ,p�{� T h i a description was preparedw`' 9 by me or under my direction. JOHN R. 0tx3 rTF x No 75 0 Date: r i Joh . Duquette. PLS 16 Michael Baker International May 1, 2020 40810 flaunty Center Drive, Suite 200 JN 175051 Temecula, CA 92591 Page t of i EXHIBIT A -I- EXHIBIT B DEPICTION OF PERMANENT MAINTENANCE AND ACCESS EASEMENT APN: 957-150-005 GARCIA PROPERTY POC TPOB l��' � 1 � 1 10 LJ ti p W i r olp i 60 30 D 60 1 SCALE: 1' =60' DATA TABLE 1@ BEARING/DELTA LENGTH 1 N24 01'26'W 55,00' 2 N42 16'03"W 41.83' 3 N01'18'58"W 93.45' 4 N27'05'17"W 35.33, 5 N25'17'01"E 34.58' 6 NIS'30'15"W 95.17' 7 N06'25'33"E 24.96' 8 N33 35'08"E 36.10' $ 1 N65 59 24"E 13.54' 1D 1 N23 22'06"E 33.97' P0C = POINT OF COMMENCEMENT TPOB = TRUE POINT OF BEGINNING ( } - INDICATES RECORD DATA PER PM 13678, PMB 73 f 85-86 SHEET ; OF 1 IN T E A N A T 1 0 N A L EXHIBIT B -1- EXHIBIT C [NOT USED] -1- EXHIBIT FOUR SINGH PROPERTY DOCUMENTS SINGH DOCUMENTS PRELMUNARI REPORT Fidelity National Title Company Your Reference: R upaugLhoject OrderNo.: 989-25008234-A-5G4 EXHIBIT A LEGAL DESCRIPTION - THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF TEMECL .A , IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND L5 DESCRIBED AS FOLLOWS - PARCEL A OF CERTIFICATE OF COMPLIANCE NO_ PA 17-1285, A5 RECORDED APRIL 29, 2019 AS INSTRUMENT NO_ 2019-0146512, OF OFFICIAL RECORDS, IN THE CITY OF TEhlEC.'ULA-. COUNTY OF RIVERSIDE, STATE OF CALIFORNI A, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: THAT PORTION OF PARCEL 39 OF PARCEL MAP ON FILE IN BOOK 1, PAGE 44 OF PARCEL NiAPS, IN THE CITY OF TEV ECUI-A_ COUNTY OF RIVERSIDE, STATE OF CALIFORNIA- RECORDS OF RIVERSIDE COUNTY, CALIFORNLA_ DESCRIBED AS FOLLOWS: BEGINNING AT THE SO= AST CORNER OF PARCEL 2 OF PARCEL 14IAP 18510 AS SHOWN ON MAP IN BOOK 109, PAGES 86 THROUGH 87, INC:LUSaT. OF PARCEL MAPS, RECORDS OF SAID COUNTY, STATE OF CALIFORNIA THENCE SOUTIH 070 35' 19" EAST ALONG LINE DESCRIBED IN DEED TO CECIL E. EDWARDS AND GOLDIE M. EDWARDS, RECORDED NLY 26, 1976, PER INSTRUMENT NO. 108726, CWHCTAL RECORDS, RECORDED IN THE OFFICE OF SAID COLTNTY SAID LINE BEING A PROLONGATION OF THE EASTERLY LINE OF PARCEL 2 OF SAID PARCEL MAP. A DISTANCE OF 681.13 FEET; THENCE SOUTH 6P W 227 WEST A DISTANCE OF 308.29 FEET BEING THE SOUTH LL E OF SAID PARCEL 3 9; THENCE NORTH 070 35' 19" WEST A DISTANCE OF 791.08 FEET TO A LINE DESCRIBED IN SAID DEED BEARING SOUTH 86° 59 04" WEST FROM THE POINT OF BEGEV-N-ING_ APN_ 957-090-019-0 -2- EXHIBIT 4-13 — FORM OF GRANT OF TEMPORARY CONSTRUCTION EASEMENT AND COVENANT FOR CONSTRUCTION OF PERMANENT IMPROVEMENTS Recording requested by and when recorded return to: CITY OF TEMECULA Attention: Randi Johl, Director of Legislative Affairs, City Clerk 41000 Main Street Post Office Box 9033 Temecula, California 92590-2764 SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No. 957-090-019 [X] Portion Documentary Transfer Tax $0.00 This Instrument is for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev & Tax Code § 11922). GRANT OF TEMPORARY CONSTRUCTION EASEMENT AND COVENANT FOR CONSTRUCTION OF CERTAIN PERMANENT IMPROVEMENTS This Grant of Temporary Construction Easement Agreement and Covenant for Construction of Permanent Improvements ("TCE Agreement and Covenant") is entered into as of , by and between Sohan Singh and Kuldip Kaur Singh, husband and wife as joint tenants (collectively "Grantor" below), and the CITY OF TEMECULA, a municipal corporation ("Cily"). RECITALS WHEREAS, Grantor is the record fee owner of that certain real property located in the City of Temecula, County of Riverside, State of California, that is identified as Riverside County Tax Assessor's Parcel Number 957-090-019 ("Grantor's Property") described more particularly in EXHIBIT 1 attached hereto and incorporated herein by this reference. WHEREAS, City seeks to construct certain public street, drainage, and related improvements in connection with the extension of Nicolas Road from its current termination at Calle Girasol easterly to Butterfield Stage Road, Project Number LD20-1114 ("Project"). WHEREAS Grantor desires to grant to the City and the City desires to acquire from Grantor an approximate 29,630 square foot Temporary Construction Easement with a term of twelve (12) months on Grantor's Property to facilitate the City's construction of the Project, subject to the terms and conditions set forth herein. -3- WHEREAS, portions of Grantor's Property are located in the floodway and based on said location, it is necessary for the City to construct certain permanent improvements on Grantor's Property in connection with the Project, including but not limited to the installation of riprap slope -erosion protection, which are more particularly described below. Grantor acknowledges receipt of a copy of the proposed plans for the Project and desires to authorize the City to construct said permanent improvements on Grantor's Property. NOW THEREFORE, for good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, Grantor and the City agree as follows: 1. Grant of Temporary Construction Easement. Grantor hereby grants to the City an approximate 29,630 square foot Temporary Construction Easement with a term of twelve (12) months ("Temporary Construction Easement") on Grantor's Property to facilitate the construction of the public street and related improvements in connection with the Project. The Temporary Construction Easement is described more particularly on Exhibit A labeled "Legal Description Temporary Construction Easement" and depicted on Exhibit B labeled "Depiction of Temporary Construction Easement — APN: 957-090-019, Singh Property". Exhibit A and Exhibit B are attached to this TCE Agreement and Covenant are incorporated herein by this reference. 2. Commencement of Temporary Construction Easement. The term of the Temporary Construction Easement will commence thirty (30) calendar days after the date on which the City notifies Grantor in writing that it will commence its construction of the Project. The day that is the 30th calendar day after the date of said notice is the "Commencement Date" of the Temporary Construction Easement. 3. Scope of Temporary Construction Easement. a. The Temporary Construction Easement is for the use by the City, its contractors, subcontractors, employees and agents (collectively, "City Designees") for said twelve (12) month period and the purpose and scope of this Temporary Construction Easement is to facilitate the City's construction of the Project, including, without limitation, use of the Temporary Construction Easement for construction staging purposes, storage of equipment and material in connection with the City's construction of the Project. b. City and City Designees also have the right to use the Temporary Construction Easement area to construct the permanent improvements described more particularly in Section 5 below within the area of the Temporary Construction Easement on Grantor's Property. 12. No Liens. The City agrees to keep the Temporary Construction Easement free of any liens including, without limitation, liens by contractors, subcontractors, or suppliers, engineers, architects, surveyors, or others that may have lien rights for work, arising out of the City's use of the Temporary Construction Easement in connection with the construction of the Project. If any such lien is filed on Grantor's Property in connection with the City's use of the Temporary Construction Easement, the City will, at its sole cost and expense, have the lien released and discharged of record in a matter satisfactory to the Grantor within thirty (30) calendar days of receiving notice of the lien. If the City fails to remove the lien within such thirty (30) day period, Grantor will have the right to remove the lien, and City, upon demand, will reimburse the Grantor In for all costs and expenses, including without limitation attorneys' fees incurred by Grantor in connection with such removal. 5. Covenant for Construction of Certain Permanent Improvements within Temporary Construction Easement Area on Grantor's Property. Grantor hereby covenants and agrees that the City and the City Designees also have the right to use the Temporary Construction Easement area to place certain permanent improvements including, without limitation, riprap slope -erosion protection, described more particularly in Exhibit C, which is attached hereto and incorporated herein by this reference. Grantor agrees and acknowledges that t City and City Designees will have no responsibility for maintenance of the permanent improvements described in Exhibit C hereto after the City's construction of the Project and that Grantor is solely responsible for all costs of maintenance of said permanent improvements. This covenant for construction of certain permanent improvements described on Exhibit C hereto in the area of the Temporary Construction Easement is a covenant running with the land and is binding upon Grantor, Grantor's heirs, executors, administrators, successors, and assigns and on any party that has an interest in Grantor's Property. Grantor consents to and acknowledges that the Covenant for Construction of Certain Permanent Improvements contained in this TCE Agreement and Covenant will be recorded in the Official Records of the County of Riverside, California. 6. Termination of City's Right to Use Temporary Construction Easement. The Temporary Construction Easement will expire on the earlier to occur of (a) Twelve (12) months after the date on which the City provides to Grantor written notice of the City's commencement of the construction of the Project or (b) the date that the City records a Notice of Termination of the Temporary Construction Easement in the Official Records of the County. Upon the expiration of the Temporary Construction Easement, the City agrees to take such actions as the Grantor may reasonably request to evidence and give effect to the extinguishment of the City's use of the Temporary Construction Easement and the relinquishment of the City's rights and interests in the Temporary Construction Easement pursuant to this TCE Agreement and Covenant. 7. Insurance. Prior to entry on the area of the Temporary Construction Easement, City will cause its contractor for the Project to procure and maintain a policy of general commercial liability insurance naming Grantor as additional named insured covering any and all claims, demands, and causes of action against Grantor arising out of or pertaining to the use of the Temporary Construction Easement by or activities of City's contractor pursuant to this TCE Agreement and Covenant. Such insurance will be maintained in force during the term of the Temporary Construction Easement. The contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the contractor, its agents, representatives, employees or subcontractors. a. Minimum Scope of Insurance: Coverage shall be at least as broad as: (1) General Liability Form No. CG 00 01 1185 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. -5- (3) Worker's' Compensation insurance as required by the State of California and Employer's Liability Insurance. If the contractor has no employees while performing under this contract, worker's compensation insurance is not required, but contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance: The contractor shall maintain limits no less than: (1) General Liability: Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. (4) Deductibles and Self -Insured Retentions: Any deductibles or self- insurance retentions shall not exceed Twenty -Five Thousand Dollars ($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) City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers are to be covered as insureds as respect to liability arising out of activities performed by or on behalf of the contractor; products and completed operations of the contractor; premises owned, occupied or used by the contractor; or automobiles owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents or volunteers. (2) For any claims related to this Project, the contractor's insurance coverage shall be primary insurance as respect to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers shall be excess of the contractor's insurance and shall not contribute with it. d. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers. Im e. 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. f. Each insurance policy required by this TCE Agreement and Covenant shall be endorsed to state in substantial conformance to the following: if the policy will be cancelled before the expiration date the insurer will notify in writing to City of such cancellation not less than thirty (30) days prior to the cancellation effective date. g. If insurance coverage is cancelled or, reduced in coverage or in limits the contractor shall within two business days of notice from the insurer, phone, fax, and/or notify City via certified mail, return receipt requested of the changes to or cancellation of the policy. h. Course of construction policies shall contain the following provisions: (1) additional insured shall be named as loss payee, and (2) the insurer shall waive all rights of subrogation against entity. i Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-, VII or better, unless otherwise acceptable to City. Self-insurance shall not be considered to comply with these insurance requirements. j. Verification of Coverage: Contractor shall furnish 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 City. All endorsements are to be received and approved by the City before work commences. As an alternative to 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. k. Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 8. City's Obligations on Termination of Term of Temporary Construction Easement. The City agrees that, as of the termination date of the Temporary Construction Easement, the City will remove any construction equipment and materials stored in the area of the Temporary Construction Easement in connection with the Project. Further, the City will cause the City Designees to replace with material and like quality any hardscape, landscaping, and improvements located in the area of the Temporary Construction Easement that are damaged in connection with the City's use of the Temporary Construction Easement for the construction of the Project. Grantor acknowledges that the permanent improvements constructed in the area of the Temporary Construction Easement and described in Exhibit C will remain on Grantor's Property after the construction of the Project. 9. Maintenance of Permanent Improvements on Grantor's Property. Upon the expiration of the Temporary Construction Easement, Grantor shall, at Grantor's sole cost and expense, operate, maintain, repair and replace (as applicable) the permanent improvements constructed on Grantor's Property within the Temporary Construction Easement area described on Exhibit C hereto and all installations connected thereto, in good condition and repair and otherwise -7- in compliance with all applicable laws. Grantor is not responsible for maintenance of any portion of the permanent public improvements constructed within the area comprising the permanent maintenance easement area. 10. Notices. All notices and demands will be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices will be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service. A copy of all notices will be sent to Administrator for and on behalf of the Owners. The parties will address such notices as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party will thereafter be given as demanded in that notice: City: City of Temecula 41000 Main Street Temecula, California 92590 Attention: Aaron Adams, City Manager Copy to: Richards, Watson & Gershon 350 South Grand Avenue, 37th Floor Los Angeles, California 90071 Attention: Peter M. Thorson, City Attorney Grantor: Sohan Singh and Kuldip Kaur Singh, husband and wife as joint tenants 44750 Kit Court Temecula, CA 92592 Telephone: Not Available Attention: Kiran Basi Email: kiranbasiO3@gmail.com 11. Miscellaneous Provisions. a. Any amendments to this TCE Agreement and Covenant must be in writing and duly executed by both Grantor and the City. b. This TCE Agreement and Covenant will be construed and interpreted under, and governed and enforced according to the laws of the State of California. C. This TCE Agreement and Covenant contains the entire agreement between the Grantor and the City regarding the Temporary Construction Easement and construction of certain permanent improvements within the Temporary Construction Easement portion of the Grantor's Property. d. Except as otherwise provided herein, the provisions of this TCE Agreement and Covenant will be binding on and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. e. This TCE Agreement and Covenant may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. f. Each party has reviewed this TCE Agreement and Covenant and each has had the opportunity to have its respective counsel and real estate advisors review and revise this TCE Agreement and Covenant and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this TCE Agreement and Covenant or any amendments or exhibits thereto. g. If any part, term or provision of this TCE Agreement and Covenant is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of each party will be construed and enforced as if this TCE Agreement and Covenant did not contain the particular part, term or provision held to be invalid. [SIGNATURES TO FOLLOW] 10 IN WITNESS WHEREOF, the Grantor and the City have entered into this TCE Agreement and Covenant as of the date set forth above. Dated: Dated: SOHAN SINGH AND KULDIP KAUR SINGH, husband and wife as joint tenants Sohan Singh, joint tenant Kuldip Kaur Singh, joint tenant CITY OF TEMECULA, a municipal corporation By: Matt Rahn Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney -10- 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 ) On , before (insert name of notary) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary: -11- (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On , before me, , (insert name of notary) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary: (Seal) -12- EXHIBIT I DESCRIPTION OF GRANTOR'S PROPERTY, LEGAL DESCRIPTION PRE1_2vi1NARY REPORT Fidelity Nanonal Title Con4kmy YourReferenee: RmipaughPrcjeet OrderND.: 989 25008?3T-A-SG4 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED W THE CITY OF TENIECTULA, IN THE COLWIY OF RI=IDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A OF CERTIFICATE OF COMPLIANCE NO. PA 17-1285, AS RECORDED APRIL 29, 2019 AS INSTRUIti'IENT NO. 2019-0146512, OF OFFICIAL RECORDS, IN THE CTTY OF TEMECULk COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, RECORDS OF M-ER.SIDE COLNNTY. CALIFORNIA, DESCRIBED AS FOLLOWS: THAT PORTION OF PARCEL 39 OF PARCEL MAP ON FILE IN BOOK 1. PAGE 44 OF PARCEL MAPS, IN THE CITY OF T NIECL7I-4- COLWIY OF RIA-E.R.4IDE, STATE OF CALIFORNIA-RECORDS OF RIVERSIDE COUNTY, CALIFORNL4- DESCRIBED AS FOLLOWS: BEGINNING AT THE SOi-71BEAST CORNER OF PARCEL 2 OF PARCEL A4AP 18510 AS SHOWN ON MAP IN BOOK 109, PAGES 86 THROUGH 87, INCLUSIVE_ OF PARCEL RIAPS, RECORDS OF SAID COUNTY, STATE OF CALJEFORNLk THEN'C"E SOUTH 070 35' 19" EAST ALONG LINE DESCRIBED IN DEED TO CECIL E. EDWARDS AND GOLDIE M EDWARDS, RECORDED JULY 26, 1976, PER INSTRUMENT NO. 108726, OFFICIAL RECORDS, RECORDED IN THE OFFICE OF SAID COUNTY SAND LINE BEING A PROLONGATION OF THE EASTERLY LINE OF PARCEL 2 OF SAM PARCEL MAP. A DISTANCE OF 681.13 FEET; THENCE SOLTH 6P W 227 WEST A DISTANCE OF 308.29 FEET BEING THE SOLPIH LL'•v'E OF SAID PARCEL 39; THENCE NORTH 070 35' 19" WEST A DISTANCE OF 791.08 FEET TO A LLNE DESCRIBED IN SAID DEED BEARING SOUTH 86" 50' 04" WEST FROM THE POINT OF BEGINNING. APN: 957-090-019-0 EXHIBIT I -I- EXHIBIT A LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT APN' 957.090-019 SINGH PROPERTY That portion of Parcel 39, in the City of Temecula, County of Riverside. Slate of Califomia, as shown on the Map recorded in Book 1, Pages 44 through 40, inelus,we, of Parcel Maps, in the -O fice of the County Resider of said R;versrde Cour*, and as described in the -mini deed recorded Fetaruaryr 10, 2014 as Instrument No 20144055102 of (f4cial Records in the offtc� of said Rivsrside CoUoty f OWli'der described as follows CQMMENCING al the: southeaslerly comet of Paclel 39. of 5a3id Pi3rCel Map, said paint beins an the centerline of Ntto146 Road, Thence leavirtg Said Southeasterly comer along the easterly line of said Parcel 39 North 07" 6'19' West 57 33 feet to a point an the rtorthsrty right-of-vmy Ilene of Nieolas Road (110 00 le+si in width) as showat an said Racal Map to the TRUE ROIN r OP $EGINNING. Thence conbrruing on said easterly tine Notch 07'35'19' Well 10 41 reel, Thence leaving said easterly line South 66 03'15' West 60 64 Feet; Therite North 411626' West �1 W feet. Thenta North 10'51'29' East 3647 feel, Therlee North 79'08'31' Wa5l 49.14 feet. Thence South 11)1512' V esl 62.94 feet; Thence South 66°03'15' West 11.75 feet; Thence North W16'23' West 123.84 feel; Thence North 69'45'31' West 56.47 feet to the vuestedy line of the land described in said grant deed; Thence along said wesiedy line South 07'n't9' East 218.07 feet to The northerly nine of Qgi Nw'blas Road, Thence leaving said westerly line along s8rd northerly line of Nicolas Pjmd North 66-00'22` East 30823 feel to the TRUE P0IIVT OF BEG INININ r. Ce3maining 0.i38 Acres. o1 21,630 Square Feet, moos or less �o L �A�� 8 This descrioti0n was prepared ` A tyy rre or and-er nYy direGhon% LJF-[r Date. V I {e i [ [ kr JO auquetllLS 75% OF CR�� Mk*oal Raker rntema ilioml 40810 Couray Center Drive, Suite 2GO Terruecula, CA 92591 EXHIBIT A -I- June 10, 2021 JN 175051 Page 1 of ` EXHIBIT B DEPICTION OF TEMPORARY CONSTRUCTION EASEMENT APN: 957-090-019 T WrP PPnPFPTY W LY LINE PER DEED REC. 2f 10j2O14 AS INST, NO. 2014-0055102 Q . R PQC = PO[NT OF C17kWNCEMENT TP08 - TR E POINT OF WGINNING ( ) = INDICATES RECORD DATA PER PIE 1/44-46 DATA TAS-E BEARING/DELTA LE%7H 1 N07°35' 19"W 57.33' 2 N07 51 10 W 10,41 3 N66D3'15'°E 60.64' 4 N41 16 26"W 51.00 5 N10 51 P9 E 36,7 6 N79'O8'31'w 49.14' EXHIBIT B -I- 4 fi0 3fl 0 60 4i SCALE: 1 "=60' SHEE" 1 OF ; Michael Saker INTERNATIONAL EXHIBIT C DESCRIPTION OF PERMANENT IMPROVEMENTS TO BE CONSTRUCTED WITHIN TEMPORARY CONSTRUCTION EASEMENT PORTION OF GRANTOR'S PROPERTY Af N: 957-090-019 SINGH PROPERTY OV 30 C 60 SCALE: 1 "=60' LEGEND: TEMPORARY C MSTRQCTION EASEMENT AND COVENANT FOR CONSTRUCTION OF PERMANENT IMPROVEMENTS RIP RAP SLOPE FROS ION MCTECTION ® PERMANENT MAINTENANCE AND ACCESS EASEMENT RESIDENTIAL DRIVEWAY SCE EASEMENT -1- od r INTIRNAT10NAL FORM OF PERMANENT MAINTENANCE AND ACCESS EASEMENT Recording requested by and when recorded return to: CITY OF TEMECULA Attention: Randi Johl, Director of Legislative Affairs, City Clerk 41000 Main Street Post Office Box 9033 Temecula, California 92590-2764 SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No. 957-090-019 [X] Portion Documentary Transfer Tax $0.00 This Instrument is for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev & Tax Code § 11922). GRANT OF PERMANENT MAINTENANCE AND ACCESS EASEMENT AGREEMENT This Grant of Permanent Maintenance and Access Easement Agreement ("PME Agreement") is entered into as of by and between Sohan Singh and Kuldip Kaur Singh, husband and wife as joint tenants (collectively "Grantor" below), and the CITY OF TEMECULA, a municipal corporation ("City"). RECITALS WHEREAS, Grantor is the record fee owner of the real property located in the City of Temecula, County of Riverside, State of California, that is identified as Riverside County Tax Assessor's Parcel Number 957-090-019 ("Grantor's PropertX") described more particularly in EXHIBIT 1 attached hereto and incorporated herein by this reference described more particularly in EXHIBIT 1 attached hereto and incorporated herein by this reference. WHEREAS, City seeks to construct certain public street, drainage, and related improvements in connection with the extension of Nicolas Road from its current termination at Calle Girasol easterly to Butterfield Stage Road, Project Number LD20-1114 ("Project"). WHEREAS, Grantor seeks to grant to the City of a permanent maintenance and access easement, to facilitate maintenance of the public street and related improvements in connection with extending Nicolas Road from its current termination at Calle Girasol easterly to Butterfield Stage Road, Project Number LD20-1114 ("Project"). -2- WHEREAS, Grantor desires to grant to the City and the City desires to acquire from Grantor an approximate 16,956 square foot permanent maintenance and access easement on Grantor's Property to permit the City to construct the Project and to maintain all appurtenant Project improvements within the permanent maintenance and access easement area at City's sole cost and expense. NOW THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, Grantor and the City agree as follows: 1. Grantor hereby grants to the City an approximate 16,956 square foot perpetual, non- exclusive permanent maintenance and access easement ("permanent maintenance and access easement") on Grantor's Property to access, construct, and maintain all appurtenant Project improvements within the permanent maintenance and access easement area at City's sole cost and expense. The permanent maintenance and access easement is described more particularly on Exhibit A labeled "Legal Description Permanent Maintenance and Access Easement" and depicted on Exhibit B labeled "Depiction of Permanent Maintenance Easement — APN: 957-090-019, Singh Property". Exhibits A and Exhibit B are attached to this PME Agreement and are incorporated herein by this reference. 2. The City shall act as "Maintenance Manager" under this PME Agreement. Maintenance Manager shall have the right to retain third -parry contractors to carry out the duties of Maintenance Manager; provided, however, Maintenance Manager shall not be relieved of its obligations hereunder as a result thereof. The City will bear the cost of any such third -party contractor(s). 3. City Obligations. - a City shall operate, maintain, repair, restore, replace and make necessary improvements to the permanent maintenance and access easement area. Such maintenance and repair shall include, without limitation, the following: (1) maintenance of the surface of the improvements located within the permanent maintenance and access easement area in a clean and safe condition, including the paving and repairing or surfacing and resurfacing of such area when necessary with the type of material originally installed therein, or such substitute therefor as shall in all respects be equal thereto in quality, appearance and durability; the removal of debris and waste materials and the washing or sweeping of paved areas as required; and the painting and repainting of the center line dividers, striping, markers and signs as required; (2) cleaning, maintaining and re-lamping of any external lighting fixtures and related fixtures located within the permanent maintenance and access easement area; (3) performance of necessary maintenance of all landscaping as required anywhere within the permanent maintenance and access easement area, including without limitation re -vegetation and all other applicable governmental or quasi -governmental authorities of which City has actual knowledge, the trimming, watering and fertilization of all grass, ground cover, shrubs and trees, removal of dead or waste material and replacement of any dead or diseased grass, ground cover, shrubs or trees; and -3- (4) the construction of such additional capital improvements to the permanent maintenance and access easement area and repair and replacement of such additional capital improvements as may be necessary or appropriate from time to time. b. City shall operate and maintain the permanent maintenance and access easement area in a neat, orderly and safe condition and in such a manner as to enhance its appearance, maintain established slope ratios, prevent erosion or sliding problems, and to facilitate the orderly discharge of water through drainage systems and facilities established over the Project. No structure, planting or other material shall be placed or permitted to remain, or other activities undertaken on any area within the permanent maintenance and access easement area which might create erosion or sliding problems, or interfere with established or existing natural drainage systems or facilities. C. Prior to entry on the area of the permanent maintenance and access easement, City will cause its contractor for the Project to procure and maintain a policy of general commercial liability insurance naming Grantor as additional named insured covering any and all claims, demands, and causes of action against Grantor arising out of or pertaining to the use of the permanent maintenance and access easement by or activities of City's contractor pursuant to this PME Agreement. Such insurance will be maintained in force during the term of the permanent maintenance and access easement. The contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the contractor, its agents, representatives, employees or subcontractors. as: (1) Minimum Scope of Insurance: Coverage shall be at least as broad (a) General Liability Form No. CG 00 01 1185 or 88. (b) 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. (c) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the contractor has no employees while performing under this contract, worker's compensation insurance is not required, but contractor shall execute a declaration that it has no employees. (2) Minimum Limits of Insurance: The contractor shall maintain limits no less than: (a) General Liability: Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit. In (b) Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage. (c) 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. (d) Deductibles and Self -Insured Retentions: Any deductibles or self-insurance retentions shall not exceed Twenty -Five Thousand Dollars ($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) City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers are to be covered as insureds as respect to liability arising out of activities performed by or on behalf of the contractor; products and completed operations of the contractor; premises owned, occupied or used by the contractor; or automobiles owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents or volunteers. (2) For any claims related to this Project, the contractor's insurance coverage shall be primary insurance as respect to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers shall be excess of the contractor's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers. (4) The contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this PME Agreement shall be endorsed to state in substantial conformance to the following: if the policy will be cancelled before the expiration date the insurer will notify in writing to City of such cancellation not less than thirty (30) days prior to the cancellation effective date. (6) If insurance coverage is cancelled or, reduced in coverage or in limits the contractor shall within two business days of notice from the insurer, phone, fax, and/or notify City via certified mail, return receipt requested of the changes to or cancellation of the policy. -5- (f) Course of construction policies shall contain the following provisions: (1) additional insured shall be named as loss payee, and (2) the insurer shall waive all rights of subrogation against entity. (g) Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-, VII or better, unless otherwise acceptable to City. Self-insurance shall not be considered to comply with these insurance requirements. (h) Verification of Coverage: Contractor shall furnish 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 City. All endorsements are to be received and approved by City before work commences. As an alternative to 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. (i) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. d Each party waives any right of recovery against the others for damage, injury or loss covered by the insurance required to be maintained under the PME Agreement. Subject to the preceding sentence, each party shall be liable for any damage caused to the permanent maintenance and access easement area, or to any of the equipment or improvements thereon, which may be sustained by reason of the negligence or willful misconduct of such party, its employees, agents, members, contractors, invitees and/or guests. 4. The City, at its sole costs, will operate, maintain, repair, restore, and improve the permanent maintenance and access easement area. 5. The City agrees to keep the permanent maintenance and access easement free of any liens including, without limitation, liens by contractors, subcontractors, or suppliers, engineers, architects, surveyors, or others that may have lien rights for work, arising out of the City's use of the permanent maintenance and access easement in connection with the maintenance of the Project. If any such lien is filed on Grantor's Property in connection with the City's use of the permanent maintenance and access easement, the City will, at its sole cost and expense, have the lien released and discharged of record in a matter satisfactory to the Grantor within thirty (30) calendar days of receiving notice of the lien. If the City fails to remove the lien within such thirty (30) day period, Grantor will have the right to remove the lien, and City, upon demand, will reimburse the Grantor for all costs and expenses, including without limitation attorneys' fees incurred by Grantor in connection with such removal. 6. All notices and demands will be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices will be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States IM mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service. A copy of all notices will be sent to Administrator for and on behalf of the Owners. The parties will address such notices as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party will thereafter be given as demanded in that notice: City: City of Temecula 41000 Main Street Temecula, California 92590 Attention: Aaron Adams, City Manager Copy to: Richards, Watson & Gershon 350 South Grand Avenue, 37th Floor Los Angeles, California 90071 Attention: Peter M. Thorson, City Attorney Grantor: Sohan Singh and Kuldip Kaur Singh, husband and wife as joint tenants 44750 Kit Court Temecula, CA 92592 Telephone: Not Available Attention: Kiran Basi Email: kiranbasiO3@gmail.com 7. Miscellaneous Provisions. a. Any amendments to this PME Agreement must be in writing and duly executed by both Grantor and the City. b. This PME Agreement will be construed and interpreted under, and governed and enforced according to the laws of the State of California. C. This PME Agreement contains the entire agreement between the Grantor and the City regarding the permanent maintenance and access easement. d. Except as otherwise provided herein, the provisions of this PME Agreement will be binding on and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. e. This PME Agreement may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. f Each party has reviewed this PME Agreement and each has had the opportunity to have its respective counsel and real estate advisors review and revise this PME Agreement and that any rule of construction to the effect that ambiguities are to be resolved against -7- the drafting party will not apply in the interpretation of this PME Agreement or any amendments or exhibits thereto. g. If any part, term or provision of this PME Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of each party will be construed and enforced as if this PME Agreement did not contain the particular part, term or provision held to be invalid. [SIGNATURES TO FOLLOW] IN WITNESS WHEREOF, the Grantor and the City have entered into this PME Agreement as of the date set forth above. Dated: Dated: SOHAN SINGH AND KULDIP KAUR SINGH, husband and wife as joint tenants Sohan Singh, joint tenant Kuldip Kaur Singh, joint tenant CITY OF TEMECULA, a municipal corporation By: Matt Rahn Mayor ATTEST: By: Randi Johl, Director of Legislative Affairs, City Clerk APPROVED AS TO FORM: 10 Peter M. Thorson, City Attorney 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 ) On , before (insert name of notary) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary: -10- (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On , before me, , (insert name of notary) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary: (Seal) -11- EXHIBIT A LEGAL DESCRIPTION OF PERMANENT MAINTENANCE AND ACCESS EASEMENT APN: 957-090-019 SINGH PROPERTY That portion of Parcel 39, in the City of Temecula. County of Riverside, State of California, as shown an the Map recorded in Book 1, Pages 44 through 46, inclusive, of Parcel Maps, in the Office of the County Recorder of said Riverside County, and as described in the grant deed recorded February 10, 2014 as Instrument No. 2014-0055102 of Official Records in the office of said Riverside County Recorder, described as follows: COMMENCING at the southeastery comer of Parcel 39. of said Parcel fOap, said point being on the centerline of Nicolas Road_ Thence leaving said southeasterly comer along the easterly line of said Parcel 39 North 07'35'19" West 57.33 feet to a point on the northerly right-of-way line of Nicolas Road (110.00 feet in width) as shown cm said Parcel Map, Thence along said northerly right-of-way line South 66'00'22" West 108 51 feet to the TRiJE POINT OF BEGINNING: Thence continuing along said northerly right-of-way line South 66"00'22" West 150.33 feet-, Thence leaving said northerly right-of-way line North 69'24'35' West 53.76 feet to the westerly line of the land described in said grant deed. Thence along said westerly Ilne North 07`35'19" West 73.74 feet. Thence leaving said westerly line South 69'24'30" East 26.90 feet - Thence North 70'35'30" East 85.93 feet; Thence South %'19'20" East 116.19 feet, Thence South 50'26'33- East 58.76 feet to the TRUF POINT OF BEGINNING Containing 0 39 Acres, or 16,956 Square Feet, more or less This description was prepared �tihL s��� by me or under my (jirection. 4 .FpHN F{, aUQ{IETYE * 7Vo, 756� _ Date. -- .' n R_ Wque , PL5 7566 0"CALP. Michael Baker International - - June 10, 2021 40810 County Center Drive, Suite 200 JN 175051 Temecula, CA 92591 Page 1 of i EXHIBIT A -I- EXHIBIT B DEPICTION OF PERMANENT MAINTENANCE AND ACCESS EASEMENT APN: $57-090--019 �1t0� L' Nb s�j. INGH PROPERTY �� ,w R. C ` * NO 7 .. fi 0 77 o ` z 09 POG W'LY I-INE PER " DEED REC. 2/ 10/201 4 AS INST, N0. 2014-0055102 ol POC = POINT OF i7,4A+AENCEMCNT TPOO = TRUE POINT OF 6EGINNING ( ) INDICATES RECORD DATA PER Phi 1/44-46 DATA TABLE f3EARING/DELTA LEWTH 1 NO7'35'19"Yf 57.33 2 NW' 26' 3,3 P 58_ 76 3 N69'24'30"W 26.90' 4 N07° 35' 19 "IN 73. 74 ` 5 N6 2d 35 W 53_76' W �5 $0 30 0 60 SCALE_ 10-60' SWET 1 OF I i r INTERNATIONAL EXHIBIT B -I- FORM OF SOUTHERN CALIFORNIA EDISON EASEMENT SOUTHFRh C.AIIfOUNIA EDISON WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA ED]SON COMPANY 2 INNOVATION WAY, 2nd FLOOR POMONA, CA 91 768 Attn: Title and Real Estate Services SC I i ])cc. 140. GRANT OF EASEMENT ❑OWMENTARY TRANSFER TAX S NONE W1103n r TD1651367 VALUE AND CONSIDERATION LESS THAN 3100.1V SCE Ca- wy 4 9G OF DEQ R-M OR AHEM OErEFiAkwZ % Fewtm° "u •ti 957-090-019 WEC3ELAND d MANAGEMENT SjLSIBT 1Qfl4{2Q2j SOT [AN SIN€}Il and KULDIP 5I1"IGH, husband and wife as joinL tenants, (hereinafter referred to as"Grantor" ), hemby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter rcfciTcd to as "Granted'), an casement and right of way to constrm(, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from lime to time uvenccad electrical supply syslcros and communication systems (hcrrioallcr referred to as "system"), consisting of poles, guy wires and anchors, crossarms, wires and other appuncriant fixtures and/or eyuipmenr necewry or useful, for distributing elecrrical erier•gy and for transmiLting intelligence, data and/or communications (cg. through fiUCr oplic cable), in, on, over, along and acnms thal ccrlain real property in the Counly of Riverside, 5tatr of California, described as follows: VARIOUS STRIPS OF LAND LYING WITHIN THAT PORTION OF PARCEL 39 OF PARCEL MAP. AS PER MAP FILFI] Ili BOOK 1, PAGES 44 THROUGH 46 OF PARCEL MAPS, SAID PORTION IS MORE PARTICULARLY DESCRIBED 1N THE I)EEDTO TIIE GRANTOR 11ERFJX, RECORDED ON JANUARY 23, 2020 AS DOCUMENT NO. 2020-0034390, OF OFFICIAL RECORDS, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, HEREINAFTER REFERRED I0 AS "LAXLY', DESCRIBED AS FOLLOWS - STRIP #I A FOR'FION OF SAIL} "LAND", INCLL:DED WITHIN A STRIP OF LAND, 10.00 FEET WIDE, THE CENITERLINE. OF WIIICH IS DESCRIBED AS FULLOWS' COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 39, THENCE ALONG THE. WESTERLY LINE 017 SAID PARCEL 39, NORTH 08'0916" WEST 27,22 FEET TO THE TRUE PO[NT OF BEGINNING; THENCE LEAVING TIIF WE LINE OF SAID PARCEL 39, NORTI I St'50'44" FAST 5.00 FEET; THENCE NORTH 72'16'42" EAST 275,51 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "K% THENCE NORTH 66°32'46" EAST 207.93 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT `R,; THENCE CONTINUING NORTH 66'32'46" EAST 5.40 FEETTOA I"NTOF ENDING. THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO JOIN AT THE ANGLE POINTS. EXCEPTING THEREFROM TIIAT PORTION INCLUDED WITHIN THE SOUTHERLY 55.00 FEET OF SAID "LAND", Sheet 1 of 4 FORM OF SOUTHERN CALIFORNIA EDISON EASEMENT -I- STRIP #2 (4.00 FEET WIDE) THE CENTERLINF OF SAID STRIP IS DESCRIBED AS FOLLOWS: BEGINNING AT SAID POINT "A"; THENCE NORTH 15.00 FEET TO A POINT OF ENDING. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN STRIP #1 DESCRIBI D HEREINABOVE. ALSO, EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE SOUTHERLY 55.00 FEET OF SAID "LAND". STRIP 43 (4.00 FEET WIDE) TIIE CENTERLINE OF SAID STRIP IS DESCRIBED AS FOLLOWS: BEGINNING AT SAID POINT "B"; THENCE NORTH 15°21'23" WEST 15.00 FEI T TO A POINT OF ENDING. EXCEFTING THEREFROM T14AT PORTION INCLUDED WIT 4IN STRIP # I DESCRiAFD HEREINABOVE. ALSO, EXCEPTING THEREFRO_-M THAT PORTION INCLUDED WITHIN] 'THE SOUTHERLY 55.00 FEET OF SAID "LAND". It is understood and agreed that the above description is approximate only, it being the intention of the Grantors) to grant an easement for said systems as constructed. The centerline of the easement shall be coincidental with the centerline of said systems as constructed in, on, over, under, across, and along the Grantor(s) properly. This legal description was prepared by Spectrum Land Services pursuant to Sec. 8730(c) of the Business & Professions Code. Grantor further grants, bargains, sells and conveys unto the Grantee the right of assignment„ in whole, or in part, to others, without limitation, and the right to apportion or divide in whatever manner Grantee deems desirable, any one or more, or all, of the easements and rights, including but not linr;ted to all rights of access and ingress and egress granted to the Grantee by this Grant of Easement. Grantor hereby also grants to Grantee, its successors and assigns, and its and their contractors, agents and employees, the right of free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted, and the right to clear and to keep clear the above described real property, free from explosives, buildings, equipment, brush, combustible material and any and all other obstructions of any kind, and the right to trim or remove any tree or shrub which, in the opinion of Grantee, may endanger said systerns, or any part thereof, or interfere with the exercise of the rights herein granted. Sheet 2 of 4 FORM OF SOUTHERN CALIFORNIA EDISON EASEMENT -2- EXECUTE131his dayof .20 . CRANTOR SOHAN SINGH mud KULDIP SINGH, husband and wife as jaint tenantq Suhan Singh Kuldip Singh A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the dwutneni to which this certificate is attached, and ntot the truthfulness, aocurac , or validity oftl= document. State of cal!Mmis County or-) on before Lne, , a NvLaLy Public, personally appeared who Proved Lo me on the basis of satisfactory evidence In be the person(s) whuse names) is+am wbscrihed in the within in5hument and ackuuwleclged to mr that hdshrithry execute] the sane in hisAien'their authnrixed capacity(ies), and that by his{hen`dreir 9ignaturr(s) en the instrument the perann(s), or the entity upon bvhulf of which Lhc pemm(s) acuxl, cxccutud the instnimunL. I certify under PF NALTY OF PERJURY under the laws ofthe State of California that the furegoirtg paragraph is tnic and correct. WITNESS illy hand and official seaL S (gnralurc (S-1) A Notary Pubic OF alhCT oiT'IccT completing Lit is cerliiicate verifies only the identity of the individual who signod the do"mcni to which this certificate is attached. and nor the trit"Incss, accuracy, Or validity ofthat document. StAoc of Califrnis } County of ) On before nte, , a Ntrtary Public, personally appeared whp Ianvcd to me on the bmis oC sati!5factury cvidcna io be dne pm-xmm(!o) wkiw name(s) iy+are wbscribcd [O the within im9trume nt and ackuowJedged to rene that hdshm+they Cxeinited thr same: in hisfherr'their aulharaM Capnacity(ies), and that by his{herlthcir Signdtume s) on the inslnument the person(s), ur Lhc entity Upon behalf of which Lhe pmscn(s) acted, executed the inslrumenl.. I cetiify under PENALTY OF PERJURY under Lhc laws ofthc Slatc of Califomia that the foregoing paragraph is Iruc and correct. WITNESSmy hand and afT;cial seal, Sigaatun , , , • • • • • • • • • • (Sad) Sheet 3 of 4 FORM OF SOUTHERN CALIFORNIA EDISON EASEMENT -3- mm '/. Ap— T Y t ti ar 4 1 i ty �1 3� 4 yl 5 5 k 5 54 5 Sheet 4 of 4 FORM OF SOUTHERN CALIFORNIA EDISON EASEMENT -4- Item No. 21 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 12, 2022 SUBJECT: Approve Tract Map 37341-17 (Located on the East Side of Butterfield Stage Road Between Calle Chapos and Murrieta Hot Springs Road) PREPARED BY: Ron Moreno, Senior Civil Engineer Annie Bostre-Le, Associate Engineer II RECOMMENDATION: That the City Council: 1. Approve Tract Map 37341-17 in conformance with the Conditions of Approval; and 2. Approve the Subdivision Improvement and Monumentation Agreements with the Developer; and 3. Authorize the City Manager to execute the agreements on behalf of the City. BACKGROUND: Woodside 05S, LP, A California Limited Partnership, Tract Map 37341-17 has been approved for subdivision purposes to create 84 residential lots on 12.26 acres for Roripaugh Ranch Phase II, now known as "Sommers Bend". The property covered by this Tract Map is located on the east side of Butterfield Stage Road between Calle Chapos and Murrieta Hot Springs Road. The Tract Map subdivided a portion of Parcel B of Lot Line Adjustment No. LD 19-1393, recorded on February 20, 2020, as Instrument No. 2020-0076510 of Official Records, a portion of Lots 24 and 25 of Tract Map No. 37368, as filed in Book 468, Page 89 through 98, inclusive, of maps, shown as Parcel B of Notice of Lot Line Adjustment No. LD21-1111 recorded January 6, 2022 as Instrument No. 2022-0008833 of Official Records, in the City of Temecula, County of Riverside, State of California, lying within section 21, Township 7 South, Range 2 West, San Bernardino Meridian. Securities have been posted for the public improvements and monumentation as conditioned by the approval of Tentative Map 37341-17 by the Planning Commission on June 20, 2018. The property owner/developer has met the terms of the Conditions of Approval for map recordation, and this Tract Map is in conformance with the approved Tentative Tract Map. The approval of a Subdivision Map, which substantially complies with the approved Tentative Tract Map, is a mandatory ministerial act under State law. All fees have been paid. FISCAL IMPACT: None ATTACHMENTS: 1. Fees and Securities Report 2. Vicinity Map 3. Tract Map 37341-17 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS FEES AND SECURITIES REPORT TRACT MAP 37341-17 Date: April 12, 2022 FAITHFUL LABOR & MATERIALS MONUMENTATION TRACT MAP 37341-17 PERFORMANCE SECURITY SECURITY SECURITY Street and Storm Drain $ 2,215,500 $ 1,107,750 Monumentation $ 22,260 EXHIBIT VICINITY MAP SHEET 1 OF 1 AULD RD J� MURRIET HOT SPRINGS D Quo S/TE 79 S RO NICOL A (n o0 CANTRELL I> -i D -i RD c-) --� mm LA SERENA 15 WAY r- 0 MARGARITA �O O RD f91 GP N.T.S. MEADOWS O PKWY VICINITY MAP PLOT DATE: 11-MAR-2022 JN 17883 TOTAL NUMBERED LOTS: 84 TOTAL LETTERED LOTS: 4 TOTAL NET AREA. 9.586 ACRES TOTAL GROSS AREA: 12.263 ACRES OWNER'S STATEMENT WE HEREBY STATE THAT WE ARE THE OWNERS OF THE LAND INCLUDED WITHIN THE SUBDIVISION SHOWN HEREON; THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID LAND; THAT WE CONSENT TO THE MAKING AND RECORDING OF THIS SUBDIVISION MAP AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE. IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE , STATE OF CALIFORNIA TRACT MAP NO, 37341-17 BEING A PORTION OF PARCEL B OF NOTICE OF LOT LINE ADJUSTMENT NO. LD19-1393 RECORDED FEBRUARY 20, 2020 AS INSTRUMENT NO. 2020-0076510 OF OFFICIAL RECORDS, A PORTION OF LOTS 24 AND 25 OF TRACT MAP NO. 37368, AS FILED IN BOOK 468, PAGES 89 THROUGH 98, INCLUSIVE, OF MAPS, SHOWN AS PARCEL B OF NOTICE OF LOT LINE ADJUSTMENT NO. LD21-1111 RECORDED JANUARY 6, 2022 AS INSTRUMENT NO. 2022-0008833 OF OFFICIAL RECORDS, ALL IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LYING WITHIN SECTION 21, TOWNSHIP 7 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN. RICK ENGINEERING COMPANY NOTARY ACKNOWLEDGEMENT A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. WE HEREBY DEDICATE AN EASEMENT FOR PUBLIC PURPOSES: LOTS "A" STATE OF CALIFORNIA THROUGH "D"' INCLUSIVE FOR STREET AND PUBLIC UTILITY PURPOSES. COUNTY OF WE ALSO HEREBY DEDICATE AN EASEMENT FOR PUBLIC PURPOSES: 3' PUBLIC UTILITY EASEMENT LYING WITHIN WITHIN LOTS 1 THROUGH 81, INCLUSIVE, LOT 82 "BASIN" AND LOT 84 "DRAINAGE", AS SHOWN HEREON. THE DEDICATION IS FOR PUBLIC UTILITY PURPOSES. WE HEREBY RETAIN LOT 82 INDICATED AS "BASIN" FOR PRIVATE USE FOR THE SOLE BENEFIT OF OURSELVES, OUR SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHIN THIS TRACT MAP. WE ALSO HEREBY RETAIN LOT 83 INDICATED AS "LANDSCAPE" FOR PRIVATE USE FOR THE SOLE BENEFIT OF OURSELVES, OUR SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHIN THIS TRACT MAP. WE ALSO HEREBY RETAIN LOT 84 INDICATED AS "SEWER" FOR PRIVATE USE FOR THE SOLE BENEFIT OF OURSELVES, OUR SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHIN THIS TRACT MAP. THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES: TO EASTERN MUNICIPAL WATER DISTRICT ("DISTRICT''), A PUBLIC AGENCY ORGANIZED AND EXISTING UNDER AND BY VIRTUE OF THE MUNICIPAL WATER DISTRICT LAW OF 1911, ITS SUCCESSORS AND ASSIGNS, A PERPETUAL EASEMENT AND RIGHT OF WAY TO CONSTRUCT, MAINTAIN, ENLARGE, RECONSTRUCT, REMOVE AND REPLACE, OPERATE, INSPECT, REPAIR, IMPROVE AND RELOCATE SEWER AS SHOWN ON THIS MAP WITHIN THE SUBDIVISION AND DESIGNATED "SEWER EASEMENT" HEREON, TOGETHER WITH THE RIGHT OF ACCESS TO AND FROM SAID EASEMENT FOR THE PURPOSE OF EXERCISING THE RIGHTS GRANTED IN SAID EASEMENT. OWNER RETAINS THE RIGHT TO USE THE EASEMENT AREA PROVIDED THAT OWNER SHALL NOT CONSTRUCT OR ERECT BUILDINGS, MASONRY WALLS, MASONRY FENCES AND OTHER STRUCTURES OR IMPROVEMENTS, OR PLANT OR GROW TREES OR SHRUBS, OR CHANGE THE SURFACE GRADE OR INSTALL PRIVATELY -OWNED PIPELINES WITHOUT THE PRIOR WRITTEN CONSENT OF DISTRICT. OWNER: WOODS I DE 05S, LP, A CALIFORNIA LIMITED PARTNERSHIP CAP BEFORE ME, PERSONALLY APPEARED 9 D WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND AND OFFICIAL SEAL. SIGNATURE NAME PRINTED MY COMMISSION EXPIRES: MY PRINCIPAL PLACE OF BUSINESS IS IN COUNTY. CITY CLERK'S CERTIFICATE THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA, BY ITS CITY CLERK, RANDI JOHL, HEREBY APPROVES THE TRACT MAP AND ACCEPTS THE OFFER OF DEDICATION OF LOTS "A" THROUGH "D" MADE HEREON FOR PUBLIC ROAD AND PUBLIC UTILITY PURPOSES, SUBJECT TO IMPROVEMENTS, CONSTRUCTED IN ACCORDANCE WITH THE CITY STANDARDS. WE ALSO HEREBY ACCEPT THE 3' PUBLIC UTILITY EASEMENT AS DEDICATED. DATED: 2022 BY: RANDI JOHL BY- CITY CLERK, CITY OF TEMECULA NAME: CHRIS CHAMBERS TITLE: VICE PRESIDENT, WDS GP, INC. A CALIFORNIA CORPORATION AS GENERAL PARTNER SOILS REPORT PURSUANT TO THE PROVISIONS OF SECTION 66490 OF THE STATE SUBDIVISION MAP ACT, A PRELIMINARY SOILS REPORT WAS PREPARED BY LEIGHTON AND ASSOCIATES, INC., REGISTERED IN THE STATE OF CA. PROJECT NO. 10967.108 ON JUNE 25, 2018, ON FILE IN THE OFFICE OF THE CITY ENGINEER, CITY OF TEMECULA. JUNE 2021 TAX BOND CERTIFICATE I HEREBY CERTIFY THAT A BOND IN THE SUM OF $ HAS BEEN EXECUTED AND FILED WITH THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, CALIFORNIA, CONDITIONED UPON THE PAYMENT OF ALL TAXES, STATE, COUNTY, MUNICIPAL OR LOCAL, AND ALL SPECIAL ASSESSMENTS COLLECTED AS TAXES, WHICH AT THE TIME OF FILING OF THIS MAP WITH THE COUNTY RECORDER ARE A LIEN AGAINST SAID PROPERTY, BUT NOT YET PAYABLE, AND SAID BOND HAS BEEN DULY APPROVED BY SAID BOARD OF SUPERVISORS. DATE: , 20—. CASH BOND MATTHEW JENNINGS COUNTY TAX COLLECTOR SHEET 1 OF 7 SHEETS RECORDER'S STATEMENT FILED THIS AT — DAY OF , 20 , .M IN BOOK OF MAPS, AT PAGES _ , AT THE REQUEST OF THE CITY CLERK OF CITY OF TEMECULA. NO. FEE: PETER ALDANA, ASSESSOR -COUNTY CLERK -RECORDER ,DEPUTY SUBDIVISION GUARANTEE: FIRST AMERICAN TITLE COMPANY SURVEYOR'S STATEMENT THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF WOODSIDE 05S, A CALIFORNIA LIMITED PARTNERSHIP IN JANUARY 2018. 1 HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED OR THAT THEY WILL BE SET IN ACCORDANCE WITH THE TERMS OF THE MONUMENT AGREEMENT FOR THE MAP AND THAT THE MONUMENTS ARE, OR WILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED, AND THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. THIS SURVEY IS TRUE AND COMPLETE AS SHOWN. BY: DEPUTY DATE - TAX COLLECTOR'S CERTIFICATE yR�F PMNR I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS % ��� 133 OFFICE, AS OF THIS DATE, THERE ARE NO LIENS AGAINST THE PROPERTY SHOWN ON THE WITHIN MAP FOR UNPAID STATE, COUNTY, No.8805 MUNICIPAL, OR LOCAL TAXES, OR SPECIAL ASSESSMENTS COLLECTED WILLIAM ROHAL, L.S. 8805 AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOW A LIEN BUT NOT YET PAYABLE, WHICH ARE ESTIMATED FAc_ TO BE $ CwF���\P DATE- , 20. INGS CITY ENGINEER'S STATEMENT COUNTYWTAXNCOLLECTOR I HEREBY STATE THAT THIS MAP CONSISTING OF SEVEN (7) BY- DEPUTY SHEETS HAS BEEN EXAMINED BY ME OR UNDER MY SUPERVISION AND FOUND TO BE SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP OF TRACT NO. 37341 AS FILED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF TEMECULA ON JUNE 20, 2018, THE EXPIRATION DATE BEING DECEMBER 20, 2022. THAT ALL PROVISIONS OF APPLICABLE SIGNATURE OMISSIONS STATE LAW AND CITY REGULATIONS HAVE BEEN COMPLIED WITH, AND I AM SATISFIED THIS MAP IS TECHNICALLY CORRECT. PURSUANT TO SECTION 66436 OF THE SUBDIVISION MAP ACT, THE DATED: 2022 SIGNATURES OF THE FOLLOWING OWNERS OF EASEMENTS AND/OR OTHER INTERESTS HAVE BEEN OMITTED: AN EASEMENT IN FAVOR OF GENERAL TELEPHONE COMPANY FOR PATRICK A. THOMAS, OF CALIFORNIA FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES KRIS R. WINCHAK L.S. 6240 CITY ENGINEER RECORDED DECEMBER 5, 1988 AS INSTRUMENT NO. 88-354239, EXP. 3-31-22 0. R. CANNOT BE PLOTTED FROM RECORD. ( AS DELEGATED) A N D CITY OF TEMECULA Y � o No. L.S. 6240 a EASTERN MUNICIPAL WATER DISTRICT'S *s�qT ACCEPTANCE STATEMENT FOF 51�F� I HEREBY STATE THAT THE EASEMENTS DEDICATED ON THIS MAP TO THE EASTERN MUNICIPAL WATER DISTRICT IS HEREBY ACCEPTED AND THE DISTRICT CONSENTS TO THE RECORDATION THEREOF BY ITS DULY AUTHORIZED OFFICER. DATE: SHEILA ZELAYA, BOARD SECRETARY OF THE EASTERN MUNICIPAL WATER DISTRICT AND THE BOARD OF DIRECTORS THEREOF SECTION 21 TOWNSHIP 7 SOUTH, RANGE 2 WEST, SBM TABLE DATA NAME DIRECTION LENGTH 55' IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE , STATE OF CALIFORNIA -L45-�--�7 �2 /11 1 -P D A '- -P A I A D A Tn �2 `7 NOTES SHEET 2 OF 7 SHEETS SURVEYOR'S NOTES L1 (S 64010' 07" E 137.86' R4) J � I L 5 9 - 1. SEE SHEET NO. 3 FOR 1 . INDICATES FOUND AS NOTED. (N 64 10'00" W 137.86' R2) - - - L2 (N 71 °51 ' 24" E 60.57' R4) BUTTERFIELD J (N89° 39' 10"W BOUNDARY MAP ( N 71 °51 ' 29 " E 60.57' R2) 5282. 95' R4)-A- BEING A PORTION OF PARCEL B OF NOTICE OF LOT LINE ADJUSTMENT NO. LD19-1393 RECORDED FEBRUARY 20, 2020 AS BASIS OF BEARINGS AND 2. ■ INDICATES 1" IRON PIPE TAGGED LS 8805, STAGE ROAD (N89° 87' 1 R2 INSTRUMENT NO. 2020-0076510 OF OFFICIAL RECORDS A PORTION OF LOTS 24 AND 25 OF TRACT MAP NO. 37368 AS FILED VICINITY MAP. TO BE SET FLUSH PER TRACT MAP 37368 L3 (N 47054'03" E 206.41' R4) co 5282.87' R2 & R3) IN BOOK 468, PAGES 89 THROUGH 98, INCLUSIVE, OF MAPS, SHOWN AS PARCEL B OF NOTICE OF LOT LINE ADJUSTMENT MB 468/89-98. (N 47 54' 00" E 284.91 ' R2) �1 y NO. LD21-1111 RECORDED JANUARY 6, 2022 AS INSTRUMENT NO. 2022-0008833 OF OFFICIAL RECORDS, ALL IN THE 2 • SEE SHEET NO . 4 FOR L4 (N 74°40'31" E 84.91' R4J DETAIL A SHEET INDEX MAP. 3. O INDICATES SET 1" IRON PIPE TAGGED LS 8805, CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. LYING WITHIN SECTION 21, TOWNSHIP 7 SOUTH, FLUSH. (N 74°40' 28" E 84.91 ' R2) N.T.S. RANGE 2 WEST, SAN BERNARDINO MERIDIAN. L5 (N 89042'02" E 162.15' R4) C� BOUNDARY CONTROL SHEET {� ( N 89041 ' 59" E 162.15' R2) 9 RICK ENGINEERING COMPANY ° ° JUNE 2021 IJ @ g 4 . ALL MONUMENTS SET ARE PER RIVERSIDE COUNTY L6 (N 63056'09" E 113.99' R4) (N88 29 38 E 5296.39 R4) (N88 29 37 E 5296.39 R2 & R3) ORDINANCE 461.21. (N 63056' 06" E 113.99' R2) 0 \ \ CONTINUED TABLE DATA 10 5. TH I S TRACT CONTA I NS 12.263 ACRES GROSS. L7 ( N 84027' 29" E 144.82' R4) CITY LIMIT 2 2 2 ( N 84027' 26" E 144.82' R2) \ NAME DIRECTION LENGTH L55 (N 38° 15' 21" E 663.57' R4) LINE 6. DRAINAGE EASEMENTS SHALL BE KEPT FREE OF L8 IN 84027'27" E 49.09' R4) \--------- (N 38°15'24" E 663.55' R1) BUILDINGS AND OBSTRUCTIONS. IN 84027'24" E 49.09' R31 1 -------------------- (N 38°15'19" E 663.55' R2) L9 (S 84012'25" E 129.22' R4) 1 L45 (S 89 39'10" E 319.78' R4) L56 (N 38015'21" E 655.50' R4) 7. ALL MONUMENTS SHOWN AS SET SHALL BE SET IN ( N 84012' 28" W 129.22' R3) I I I (N 89°39' 12" W 319.80' R2) (N 38° 15' 19" E 655.48' R2) �,'�� L32 ,r, ACCORDANCE WITH THE MONUMENTAT I ON AGREEMENT MURRIETA HOT I L46 (N 0 21 ' 22" E 265.43' R4) L57 (N 0 33 48 E 485.01 R4) o �� � FOR THIS MAP. L10 IN 83°31'26" E 386.16' R4) ° (N 0°33'47" E 485.01' R2) v L-A Ob (N 83031'23" E 386.16' R3) - RINGS ROAAD J I IN 0°20'S8" E 265.41' R2] 8. THIS TRACT CONTAINS 84 LOTS. L11 IN 57°40'49" E 87.87' R4) _ - L58 (N 89039'10" W 55.00' R4) - - L47 (S 89 ° 26' 26" E 126.20' R4) (N 89° 39' 12" W 55.00' R2 & R3) IN 57040'46" E 87.87' R3) (N 89°26'26" W 126.19' R2) ° l 9. INDICATES SUBDIVISION BOUNDARY. L12 I N 72009' 33" E 161 .36' R4) L59 (N 89 39 10 W 601.73 R4) ° L48 ( N 0033' 34" E 76.01 ' R4) (N 89° 39' 12" W 601.61' R2) `per 26 ( N 72 °09' 30" E 161 .36' R3) I V�� 10. RAD INDICATES RADIAL BEARING. I (N 0033'34" E 76.01' R2) (N 89°39'12" W 601.50' PM 14/93-94) s o� L13 I N 81 ° 26' 12" E 356.89' R4) o j� o� ° NAME DELTA RAID I US ARC `�� o � � N C (N 81 26'09" E 356.89' R3) I I oS zG�� L49 (N 48 26'50" W 30.47' R4) ____ ___________ ________ _______ �, \ rv, w� 0 11. R1 INDICATES RECORD PER RS 143/82-89. L14 (S 89059'57" E 283.29' R4) 1 �°� �0 (N 48025' 50" W 30.48' R2) C1 (23° 23' 23" 1600.00' 653.17' R4) v 23 s W W I� ' O ( N 90000' 00" W 283.29' R3)j' O� L50 (N 36044' 32" E 122.41 ' R4) (23° 23' 33" 1600.00' 653.24' R1 & R2) �21 L22 o� P 12 . R2 INDICATES RECORD PER MB 342/73-85 . L15 (S 83050' 13" E 159.06' R4) \ \°o (N 36°44' 30" E 122.39' R2 ] C2 (20 08' 52" 1600.00' 59.98' R4) - r `'' o 13. R3 INDICATES RECORD PER MB 401 /89-96 . ( N 83050' 16" W 159.06' R3 ► - - - RORIPAUGH I ° (2° 08' 45" 1600. 00' S9. 92' R1 & R2) 0,0 rn o o z • @� I L51 IN 89 26'26" W 500.00' R4 8 R21 C3 (35°32'42" 1600.00' 992.60' R4) �/ Z Z L16 (N 61 56'25" E 264.03' R4) VALLEY v"v 14. R4 INDICATES RECORD AND MEASURED PER \ L52 (N 0°33'48" E 1610.00' R4) (35°3246" 1600.00' 992.63' R1 & R2) �°� ,�� -- O (N 61056'22" E 264.03' R3] _ ROAD I (N 0°34'o4"E 1610.00' R1) � a TRACT 37368 MB 468/89-98. L17 IN 51006'12" E 146.91' R4) ��J (N 51 °06' 09" E 146.91 ' R3) - 8 L53 (N 38015' 21 " E 82.30' R4) T� 0 15. R6 INDICATES RECORD AND MEASURED PER L18 ( N 40050' 09" E 160.77' R4) i I �� o � J� ( N 38015 % 18"E 82.30' R2) � � o � o = �� �'�� ^°� TRACT 37341 MB 473/8 -14 . (N 40 50 06 E 160. R3) 0 1� / L54 (N 0 33 48" E 150.19' R4) 6 L19 (N 45°27'37" E 97.37' R4) o °� 6b/ ° p L43 `" 16. R7 INDICATES RECORD PER LOT LINE ADJUSTMENT �� � j' 6� / I N 0 33' 47"E 150.19' R2 8 R3) L13 L14 L 15 0 �, NO. LD21 -1 11 1 RECORDED 1 - 6 - 2022 AS INST. (N 45 27' 34" E 97.37' R3) ��? ( 6 v� L7 L�2� = / NO. 2022 - 0008833 . L20 (N 55 ° 57' 04" E 292.00' R4)j �/ �,� / L41 _ ( N 55 ° 57' 01 " E 292.00' R3) °o L8 L 9 L1 O 'T IR Q CCU'T m 000 \ Q m 17. R8 INDICATES RECORD PER LLA 19-1393 L21 (N 71 °33' 59" E 183.58' R4) 7 LA L5 REC 2/20/20, I NST. 2020-0076510. (N 71 ° 33' 56" E 183.58' R3) 56.00' Q �Q ° L22 ( N 10°59' 51 " W 41 .74' R4) v0 L53 �� o o �v�� e �� n N p ¢ 18. ALL LOT CORNERS OF THIS MAP WILL BE MONUMENTED I N 10°59' 54" W 41 .74' R3) - ��� Q��� �2 Q 0 0 (� \ / Z o BY A 1 " IRON PIPE TAGGED "LS 8805" , FLUSH UNLESS L23 IN 46 ° 17' 13" W 70.83' R4) 01 �- a� a� I r- zOTHERWISE NOTED, IN 46 1 16 W 0.83 R3) _ l �ti�10 �t�, �N81 36 \ m �J �o ' R41 o a RAC I 19. C.C. & R's, RECORDED 10-28-2019 AS INST. L24 IN 30°10'20" E 129.03' R4) J Q° �' h��'��p1� 465.73 13„E Q � l� �� 4G3LaC��]OO ��aac�� �� // }L<O N 30010'17" E 129.03' R3) �� 5 �4i � (N8136ft2�����f,3�1 �� � � �a �oo N0 . 2019-0433380 . L25 (N 41 58 20" W 153.10' R4 ) �-'Q �� h 465.131 - / p 3773� U / a a (N 41 ° 58' 23" W 153.10' R3 ) gOq�S ����'•���� ✓� �o� No z i ° / 4 R A C 4 0 • � � � � � ❑X MONUMENT LOG L26 IN 68029'22" E 150.04' R4) O 4 �' h�^�' `� O-3�� S \ 3377 �3����1 M I N 68°29' 19" E 150.04' R3) N53° 53' 32"W RAID h~ \ \ - N D 477 0 / 5 � e 5 o _ m Q 1 FD 1" I P W/TAG "LS 7891 " , S.E. CORNER L27 IN 49018'15" W 61.50' R4) ° / �� ���\\ E a a Qp SECTION 20 PER R1 8 R4, FLUSH. IN 49018'18" W 61.50' R3) �� cjj60 L28 IN 27042' 29" W 157.42' 134) ° �j �� �� p a o , / / \/ /�J Q C� 2 FD . 3" BRASS CAP W/PUNCH , "LS 7891 " , IN WELL (N 27 42' 32" W 157.42' R3) -� > \ N Q 4 7 V � c � 26 �' o p a 00 ° / � pAG,30C�� A - \ MONUMENT, CL INT. BUTTERFIELD STAGE RD. 8 L29 IN 3°09'15" E 69.52' R4) N, /< �� o ° SOUTH LOOP RD. PER R1 8 R4, FLUSH. ° ^� o 0 0' SOM_MERS BENS i \ L OO 4� 0 H E ADJ. I�\ CSC I- v a (N 3 09' 12" E 69.52' R3) o � o moo , N �� ���� ()G��� ° \ N ,�, ° - - �, o LDD H(0. 9 �� O ° p Q 0 3 FD . 1 I P W/TAG "LS 7891 " B.C. CL BUTTERFIELD L30 IN 31 08'52" E 146.57' R4) h o � '\ ° �? o N p o \ H0. 72022-sms B �3�3 , 4�Q�4 �10 � � QUA � � - � � Qp� STAGE RD. PER R1 8 R4, DN. 0.1' IN 31 08'49" E 146.57' R3) - "?� N,h rn I -rmcu �1]o0 ° o ° e , ° \ � � o R IE O. 1- 6 2022 �► Cp cp O L31 (N 59°53'24" E 91 .23' R4) I�� rn ';' ° 377 �4� to I� C°�°Q �I ,A o 4 FD. 3" BRASS CAP W/PUNCH MARK "LS 7891" IN WELL (N 59053'21" E 91 .23' R3) Lis �' � � ��0 I o a 3�1 �� o 0 0 0 4ll 3/ to� ~o GQ L32 (S 80 11 49" E 146.69' R4J I "vo Q 4 �° 8 / 0 � 0' 8° � Do e a � co a P ��° � MONUMENT, CL INT . BUTTERFIELD STAGE RD & NORTH 3 ° c o I � 4 _ M LOOP ROAD 8 N I COLAS RD. PER R1 8 R4. (N 80 11'52" W 146.69' 133) 3 21 N a s L33 IS 24016'03" E 163.27' R4) �° I N 24° 16' 06" W 163.27' R3 ► TRACT MAP NO. 37341-17 _ - _ I- - r 5 FD . 1 ' I P W/TAG " LS 7891 " , E.C. CL BUTTERFIELD L34 (S 40°55'25" E 372.57' R4) I m 4 Q C 4 O ° - N o STAGE RD. PER R1 8 R4, FLUSH. ° I o Z o ( N 40 55 28 W 372.57 R3) a -1 34 � - - I o c►i [ram 6 FD . 3/4" I P W/TAG "LS 4251 ' PER PMB 95/71 - 72 , R2, R3 L35 (S 22046'27" E 193.68' R4) �I --- _(V]o �� o / I- �0� °0 8 R4, FLUSH. (N 22 46' 30" W 193.68' R3 --,�, -. - - - - - / \ � Q °° � 7 FD . 1" I P W/TAG "LS 7891 " B.C. CL BUTTERFIELD L36 (S 0°50'29" E 260.95' R4J �/ _ ��� \ - �� \ 6 '3-6 g a o0 (N 0050'32" W 260.95' 133) oN // �J - M as STAGE RD. PER R1 8 R4, DN. 0.1' . L37 (S 8011'57" W 112.76' R4) N O M N 8°11'54" E 112.76' R3] -- �- \ `V\ 8 FD. 3" BRASS CAP W/PUNCH MARK "LS 7891 " IN (-'lo Q o � - - _ _ / w L38 (S 25031 ' 21 " W 112.71 ' R4) 55' Z o \ InWELL MONUMENT, CL INT . BUTTERFIELD STAGE RD. AND (N 25°31 ' 18" E 112.71 ' R3 ] - , r- - - - �,\ \ ROR I PAUGH VALLEY RD. PER R1 8 R4, FLUSH. L39 (S 37°18'50" W 85.50' R4) 110' rr�r�%i Jllr�� - _fR 4r \ ,i 3ll`1 7 Jll4�73 �J`l� o (N 37°18'47" E 85.50' R3] �� 55' _ it il- rr J�1J�' ';'7���`- 1 z 9 FD. 2" IP W/TAG "LS 3483" N.W. CORNER (422.01 R4 l�Jl� » I �'\ _ o SECTION 21. PER R1 8 R4, FLUSH. L40 (S 5 40'51" E 142.81' R4) I �� //�\� \/ rRDC_f JVJ'�� �373-41 `- A422.00' 89° 26' 26"W) r _ \ (N 5°40' 54" W 142.81 ' R3) Q R2) 7r�r� r7 J�IJr�/� / l�') J ` 1 FD 1" IP W/PP "FRANK-11\�J� �� \ • 10 FD . 2 1 /4" BRASS CAP ON TOP OF 2 1 /4" I P L41 (S 89°10' 18" E 85.47' R4) Q c� L49 (N89° 26' 26"W L48 J�IJJ 4 J,3 5J`6 2 & LAURA RCE 28029 ON CONCRETE, STAMPED N.E. CORNER (N 89010'21" W 85.47' R3) o° _ -_L51 _ / DN.0.5',NO REFERENCE SECTION 21, PER RS 100/52-57, RS 87/28-34, L42 (N 60044' 02" E 96.06' R4) 2 47 _ \ SOMMERS BEND - SD 1" IP OPEN DN. 0.5' ACCEPTED AS POINT a R2, R3 8 R4, UP o . 1 ' . (N 60 43' 59" E 96.06' R3) a a �i _ FD 8 x8 STONE MON. --- NO REFERENCE ACCEPTED AS 7r�r� r7 1\1r�_p 3-__j3 ' 1 ` 1 3- T ON SLY LINE OF (75. 81 R4) Ln _MK D 'P17 ON SLY R3 & R4 (75.84 R2 & R3) 11 FD STONE MON . W/"P-16" SCRIBED ON S' LY L43 (S 89°26' 27" E 338.54' R4) SEE J �- - POINT ON STY LINE OF R3 & R4 L59 SIDE UP 1.2 PER l�ll� �.3 � � i � i i (N 89026' 30" W 338.53' R3) DETAIL "A " L45 R2, R3 & R4 RANCHO PAUBA BOUNDARY rr�r4 r r l\J1,4F 3 J 4 1 ` 12 (625.52' R4) (878.58' R4) 6 11 FACE W/TACK FOR S.E. CORNER SECTION 21 L44 (N 0°33'48" E 30.00' R4) -- IV]Fj '1 J3,/ 0-26 625.59'R2 & R3 (878.53'R2 & R3) PER R2, R3 8 R4, UP 0.5' (N 0°33' 47" E 30.00' R2) (5227.95' R4) (5227.88' R2 & R3) 20 I 2� RANCHO PAUBA BOUNDARY / 12 FD 6"X6" STONE MON. W/"P-15" SCRIBED ON SCALE: 1" = 400' PAR ° � � I� PAR. 2 I p A R41 p A R. (N89° 39 10 W 5282.95 R4) (N89°3912W 5282.87R2 & R3) � S ' LY FACE NO TACK , E ' LY 1 /4 CORNER 1 0 / o PmB �14/ ' ' PmB �6 o / PmB �27 / PAR�� pfnVtJC3 ��0 �° 3��J° PAR. �� \� PAR. `2 p° A �i . 3/ PAR • SECTION 21 PER RS 100/52-57, R2, R3 8 R4, FLUSH. 400 0 400 800 ��� �� 03=06 so-so 67-36 PmB 05/77�-772 � AULD RD �o MURRIET HOT of SPRINGS D QUO SITE 79 ao ps CANTRELL n RD mm LA SERENA w;oz! 15 WAY 0 MARGARITA �y0 Of RD ELGP�I ��a 9� ,fly MS. MEADOWS PKWY VICINITY MAP N.T.S. TABLE DATA NAME L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 kira"V12 IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE , STATE OF CALIFORNIA ENVIRONMENTAL CONSTRAINT NOTE ENVIRONMENTAL CONSTRAINTS SHEET AFFECTING THIS MAP IS ON FILE IN THE OFFICE OF THE OF THE CITY ENGINEER, CITY OF TEMECULA, IN E.C.S. TRACT MAP NO, 37341-17 BOOK T , PAGE 420. THIS AFFECTS ALL LOTS. BEING A PORTION OF PARCEL B OF NOTICE OF LOT LINE ADJUSTMENT NO. LD19-1393 RECORDED FEBRUARY 20, 2020 AS INSTRUMENT NO. 2020-0076510 OF OFFICIAL RECORDS, A PORTION OF LOTS 24 AND 25 OF TRACT MAP NO. 37368, AS FILED IN BOOK 468, PAGES 89 THROUGH 98, INCLUSIVE, OF MAPS, SHOWN AS PARCEL B OF NOTICE OF LOT LINE ADJUSTMENT NO. LD21-1111 RECORDED JANUARY 6, 2022 AS INSTRUMENT NO. 2022-0008833 OF OFFICIAL RECORDS, ALL IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LYING WITHIN SECTION 21, TOWNSHIP 7 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN. RICK ENGINEERING COMPANY BOUNDARY MAP JUNE 2021 DIRECTION LENGTH / ------------------------- _- < I I -1�� (N 15037'54" W 143.83' R6) -- _ _ _ — k� (N 20014'42" W 24.16' 137) unl° 0u MAP H(o° �7—_T` (N 71019'24" E 104.42' 137) � � � � 37 366 3 (N 79003'24" E 136.69' 137) 51� �M o �7 �� oo7 I I I IN 39°51'24" E 6 .66' R7) I I I (N 0021'36" E 2636.10' R4) (N 0021'34" E 2636.07' R2 8 133) (N 88000' 00" E 77.67' R6) � � \ DAYSpFtING W -� (N 72 18'10" E 111.11' R6) \ (N 80041'49" E 149.49' R6) IN 0 33 48" E 150.19' R4) I I I I (N 0033'47" E 150.19' R2 8 133) CURVE TABLE DELTA RADIUS LINE TABLE Cl (4019'42" 600.00' C2 (10053'48" 300.00' C3 (4055'16" 765.00' C4 (13037'54" 600.00' C5 (19041'50" 800.00, C6 (27000'01" 350.00' N O Z H LJJ L LI W L LI LU U) ARC 57.05' R6) ? UmA- Chu MAP Ho. � 65.71' 134) i 142.75' 138) �?�\ \ \ M o 4710 sG' e10 I 275.03' 136) i 164.94' 136) A t 'p 32°04'44") 60.00_L 593 48 R4') ---� 1R-10 � 4G3Qc4 MAP HOo.� 377 34 � -T 47791-6(3 SHEET 3 OF 7 SHEETS NOTES 1. SEE SHEET NO. 2 FOR BOUNDARY CONTROL SHEET, SURVEYOR NOTES AND MONUMENT NOTES. 2. SEE SHEET NO. 4 FOR SHEET INDEX MAP AND EASEMENT NOTES. BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS SURVEY IS THE CALIFORNIA COORDINATE SYSTEM, NAD 83 (NSRS 2011) EPOCH 2O10.00, COUNTY OF RIVERSIDE, ZONE 6 , AS DETERMINED LOCALLY BY A TIE BETWEEN CONTINUOUSLY OPERATING REFERENCE STATIONS (CORS) "P477", 'BILL" AND ''PMOB" AS SHOWN HEREON. (I.E. N 28° 53'23" E) DISTANCES SHOWN HEREON ARE GROUND DISTANCES. GRID DISTANCES MAY BE OBTAINED BY MULTIPLYING GROUND DISTANCES BY 0.999901821, AVERAGE ELEVATION ABOVE MEAN SEA LEVEL = 1354. LEGEND INDICATES BOUNDARY INDICATES CENTER LINE INDICATES LOT LINE INDICATES EXISTING EASEMENT LINE • INDICATES FOUND AS NOTED. ■ INDICATES FOUND 1" IRON PIPE TAGGED LS 8805, FLUSH PER TRACT MAP 37368, MB 468/89-98. 0 INDICATES SET 1" IRON PIPE TAGGED LS 8805, FLUSH. CONTINUOUS OPERATING REFERENCE STATIONS (CORS, AS NOTED). O INDICATES FOUND 1" IRON PIPE TAGGED LS 8805, FLUSH PER TRACT MAP 37341, MB 473/8-14. l CORS STATION "BILL" \ �"l2q•p2 ��\ o og� N 2154995.0380 / o o \ E 6313564.1750 N88° 29' 38" E 10 ql 5295.87 (GRID) ° /�0 N88° 29' 38" E 16 �d �- sue, �/ / / ❑ 5296.39' / �(N88 29 37 E \ LOU ���1C ADJ ® MAP Ho ® � �� aR2 & R3) w 011 / 0� \ Wco OJ�Q z z � �, (z) - L5 L6 c Qf 6 c �I 'r W N V L. �I � O rn NI O SCALE: 1" = 200' 200 0 200 400 L . o�A a�2ouG3AC�u MAP I�]OO ® �9N� j 12 /���cs �a SOMMERS 5q,„�i 0 C-R=300'= •SR�LI REET 6ENDN89°26'12"W SSC1 55.00' BUTTERFIELD L11Q, 9s'��5°� 8STAGE 0ROAD ,�� 10 S uM ,N78°41'48"E RAID � M c6 I �ei CC)* CORS STATION "PMOB" \ N 2074153.1260 E 6375547.4700 II WLLI BASIS OF -23 25 26 R � \ ( � BEARINGS DETAIL CORS STATION "P477" N.T.S. SEE SHEET NO. 2 �� N 2127663.6770 � E 6298482.8020 LOT LINE ADJ. LD NO.21-1111 INSTEC.AO.2022-0008833 O 3134'\ G�MPPN P j °g1116��gg2• ai `N6� 0 Lo N 00 O v N z -0028'03.697" CONVERGENCE ANGLE AT THE NORTHWEST CORNER OF SECTION 21 LEGEND INDICATES BOUNDARY. INDICATES CENTER LINE. INDICATES LOT LINE. 5 INDICATES SHEET NO. AxEASEMENT NOTES 1. AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES IN FAVOR OF GENERAL TELEPHONE COMPANY OF CALIFORNIA RECORDED DECEMBER 5, 1988 AS INSTRUMENT NO. 88-354239, O.R. CANNOT BE PLOTTED FROM RECORD.. 2 A 3' PUBLIC UTILITY EASEMENT DEDICATED HEREON. 3 A SEWER EASEMENT DEDICATED TO EASTERN MUNICIPAL WATER DISTRICT FOR SEWER PURPOSES WITHIN LOT 82 AND LOT 84. 4 AN EASEMENT DEDICATED TO EASTERN MUNICIPAL WATER DISTRICT FOR SEWER AND WATER PURPOSES. 720 IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE , STATE OF CALIFORNIA TRACT MAP NO, 37341-17 BEING A PORTION OF PARCEL B OF NOTICE OF LOT LINE ADJUSTMENT NO. LD19-1393 RECORDED FEBRUARY 20, 2020 AS INSTRUMENT NO. 2020-0076510 OF OFFICIAL RECORDS, A PORTION OF LOTS 24 AND 25 OF TRACT MAP NO. 37368, AS FILED IN BOOK 468, PAGES 89 THROUGH 98, INCLUSIVE, OF MAPS, SHOWN AS PARCEL B OF NOTICE OF LOT LINE ADJUSTMENT NO. LD21-1111 RECORDED JANUARY 6, 2022 AS INSTRUMENT NO. 2022-0008833 OF OFFICIAL RECORDS, ALL IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LYING WITHIN SECTION 21, TOWNSHIP 7 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN. RICK ENGINEERING COMPANY JUNE 2021 SHEET INDEX MAP 21 \ 1 19 1 18 1 17 1 16 1 15 i 22 2 4 _ �] / — LOT 84 23 — "SEWER"- 0.046 AC. / 25 26 3 24 V O 27 28 29 30 63 / ( 62 61 60 59 58 57 I � _ LOT 82 "BASIN" — 0857AC 1 PARCEL A LOU LHHE ADJ. HOO ® LD2�-TM MU. HOO ®2022=00008 a 33 NEC. 14 1 13 1 12 1 11 1 10 1 9 1 8 1 7 1 6 1 5 1 4 PENSTEMON WAY-7 2 4 76 LOT "B" Z F 31 32 33 34 35 36 37 38 39 40 4 56 55 54 53 52 51 50 49 48 47 46 LOT D HILLSTONE STREET 1 3 ' 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 O URAC U ISO 37308 NB too/go-go I LOT 83 "LANDSCAPE" 7 I 0.641 A.C. I SHEET 4 OF 7 SHEETS NOTES 1. SEE SHEET NO. 2 FOR BOUNDARY CONTROL SHEET, SURVEYOR'S NOTES, MONUMENT NOTES AND RECORD DATA FOR BOUNDARY. 2. SEE SHEET NO. 3 FOR BOUNDARY MAP, BASIS OF BEARINGS AND VICINITY MAP. 3 1 2 1 1 1 o 1 7 I � � 1 42 43 I I.IJ I � I 0 I j I �o 45 44 Q r— I � J 80 81 I SCALE: 1" = 60' 60 0 60 120 LINE TABLE NAME DIRECTION LENGTH ---- L2 ---------------- N 77001'02" --------- E 13.97' L3 N 4018'29" E 8.09' L5 N 54057'10" W 36.42' L9 N 67048'00" E 29.65' L10 N 79003'24" E 32.97' L11 N 71017'50" E 14.89' L12 N 6029'29" W 15.23' L13 N 6029'29" W 25.81' L14 N 4018'29" E 3.65' L15 N 8035'27" E 18.08' L16 N 77001'02" E 23.30' L17 N 40039'46" E 29.64' L18 N 77001'02" E 32.65' L19 N 77001'02" E 37.38' L20 N 74012'11" E 30.47' L21 N 77001'02" E 19.96' L22 N 71032'50" E 36.54' L23 N 74012'11" E 15.00' L24 N 67048'00" E 1.42' L25 N 71032'50" E 8.68' L32 N 68024'00" E 16.80' L33 N 78017'50" E 37.76' L34 N 8012'10" W 4.12' L35 N 4018'29" E 6.63' L36 N 74025'37" E 20.12' L37 N 78017'50" E 29.36' L39 N 8035'27" E 22.96' L40 N 78017'50" E 23.84' L43 (N 55025'37" E 33.73' R7) L44 N 4018'29" E 4.45' L46 N 67048'38" E 4.18' L47 N 69013'49" E 1.33' CURVE TABLE NAME DELTA RADIUS ARC Cl 10047'59" -------- 100.00, 18.85' C7 4054'16" 325.00' 27.82' C13 1008'58" 875.00' 17.56' C14 3029'25" 875.00' 53.30' C15 3018'24" 875.00' 50.50' C16 1016'15" 875.00' 19.41' C17 9039'42" 100.00, 16.86' C18 1008'17" 100.00, 1.99, C19 3009'18" 65.00' 3.58' C20 32015'27" 65.00' 36.59' C21 29023'33" 65.00' 33.34' C22 29030'13" 65.00' 33.47' C23 10047'59" 100.00, 18.85' C24 2009'37" 325.00' 12.25' C25 9011'13" 100.00, 16.03' C26 0037'15" 925.00' 10.02' C27 2052'27" 925.00' 46.40' C28 2056'10" 925.00' 47.40' C29 2047'10" 925.00' 44.98' C35 1040'15" 1085.00' 31.64' C36 2036'16" 1085.00' 49.32' C37 2037'09" 1085.00' 49.60' C38 2035'48" 1085.00' 49.17' C39 0024'21" 1085.00' 7.69' C40 2019'56" 1135.00' 46.20' C41 2019'20" 1135.00' 46.00' C42 2019'56" 1135.00' 46.20' C43 2019'20" 1135.00' 46.00' C44 0012'41" 1135.00' 4.19' C47 14007'23" 100.00, 24.65' C48 0012'22" 1135.00' 4.08' C50 4029'14" 100.00, 7.83' C51 0010'16" 1135.00' 3.39' C52 1022'23" 1460.50' 35.00' C53 2044'39" 325.00' 15.57' SCALE: 1" = 40' 40 0 40 80 (N71° 19'24"E ---V-104.42' R7)--,.. IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE , STATE OF CALIFORNIA SHEET 5 OF 7 SHEETS NOTES TRACT MAP NO, 37341-17 1. SEE SHEET NO. 2 FOR BOUNDARY CONTROL SHEET, BEING A PORTION OF PARCEL B OF NOTICE OF LOT LINE ADJUSTMENT NO.LD19-1393 RECORDED FEBRUARY 20,2020 AS PARCEL Q SURVEYOR'S NOTES, MONUMENT NOTES AND INSTRUMENT NO. 2020-0076510 OF OFFICIAL RECORDS, A PORTION OF LOTS 24 AND 25 OF TRACT MAP NO. 37368, AS FILED L O T M H E Q ID J ° RECORD DATA FOR BOUNDARY. IN BOOK 468, PAGES 89 THROUGH 98, INCLUSIVE, OF MAPS, SHOWN AS PARCEL B OF NOTICE OF LOT LINE ADJUSTMENT L D H oO ° 2� e M � 2. SEE SHEET NO. 3 FOR BOUNDARY MAP, BASIS OF NO. LD21-1111 RECORDED JANUARY 6, 2022 AS INSTRUMENT NO. 2022-0008833 OF OFFICIAL RECORDS, ALL IN THE MOT. H O ° 0022 e BEARINGS AND VICINITY MAP. CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LYING WITHIN SECTION 21, TOWNSHIP 7 SOUTH, 0000 0 �� 3. SEE SHEET NO. 4 FOR SHEET INDEX MAP AND RANGE 2 WEST, SAN BERNARDINO MERIDIAN. \ � � � ® � o � e �0�� EASEMENT NOTES. RICK ENGINEERING COMPANY / JUNE 2021 / LOT LINE ADJ. LD NO.21-1111 57.89N79° 03'24"E 13 69 _ - - INST. No. 2022-0008833 SEE DETAIL "A" R7) - - REC.1-6-2022 5.83-� -- - - - - - (N69°13'49"E L10 71 1924"E104.42' R7) (N69°13'49"E 706.15' R7) 706.15' R7)�- L11 44.25' 45 27' 45 02' 48 01' 46 Al 48 01' ��- 45.27' L47 N 16 , o o w � N a 0 DETAIL "A" N.T.S. 0 45.02' �- � I z r$ ��\� 0000 19 I r8 N Z Z Z N � o��I o� r� ;w r6 0o r$ oN r4 oN r3 0 r2 0- 9 �I _ W OCAJ IV N 71 IV N Z co rn w o A o0 0 0 0 66°S \ v cool o \6,Rq � \ ° � o 26 70 C20- N8I o 80'0 99 419041 E zl w 2 4 Cl L2- C16 _ _ - _-48.00'- - - - - 22/Q,� C1 d=g C13'02" �C14 C13- -L9- - 48.00 ° �I 46.00 - N88o 92.86, I R=875.00 L=140.76 N67 48 OO E 551.36 25, 00 ' oti 9 26,10\8L,11- N77° 01' 02 E 0102" 6� ° 25.00' -{ ° LOT B � a S q1�l 6 s9 N77° 84 =9 13'000.00' L=144.78' _ N67 48 00 E 551.36 0 _ 2 /_ ` 70. 03? E I 25. op, 25. oo' - PENSTEMON WAY Ln 3 3 / L 18 -L 19- d=9 ° 13'02" I N67° 48' 00" E 551.36' , 40'- 0o N88° �' oo - C2 --R=925.00' L=148.81' - - - - 46 - - ,� 10, 10„W l Q w ``'// C26 7 -C28- -C29- -47. 40'- - - -46. 40 47. 20 S ti a z z Z L24 w N8 °SFwFq�r84 W Z Z Z Z N N ryc\, 8 26'10 Q46, qq v =o` � `� ham. oo 1 26, o 0,� 2 4 w� CQ N N N o f N o 2> o 3 3r _ ° 32 0 , 33 co 8 1010�'q�.' ,�� O o�"o ��,, a 28 00 29 -o� o� N oN oN 0 o \�q'1 „2 RA v� v=°� IV85 aoo 0ZE 0 00 �o 000 i 24 �R40 c`�' o•� o 503 8�0"f n n O iy88o26\ �N o0 00 0 .�/ �3S L16 48.27� o L25 L46 N67° 48' 0011E 512.02' �� Z 10" �' o / 46.47' L21 L20 47.20' 46.40' 9g 6y o L23 46.40 W 64, <,�� „ iw '%�� N77° 45.07' L22 41.63 43.22 01 02 N74 12 11 E ° ° 46.20 46.40 46.40' „E 91. 53' ° N71 32 50 E N67 48 38 E 46.00 �o o z Z 45.47' 45.22' 45.81' W c ti 62 Z Z z Z Z / co rn o rn z z W ' L34 �_ 0 6'r 60 o cfl $ c� L $ co $ cD $6 `o w $$ N w $4 .^' co W A24 v,o Woo ^;o 0o V, (� y ` O a ;:o � -L33_ _C39 w o 0 39. 41- 2 4 �n N78 17' 5011E 77. 17' - -C38_ - -C37N78° 17' E _ - _C3-- -C35- L32 46.00' 46.20'- 46 40.40' 25, 00 50R=1085.00 L=187.42' N68° 24 00E 588.32,30.60 -�1- �C., 106, 77 25.00'--� LOT "D" LQ SLOT 82� d!� s - 53'50" R=1110.00 L=191. 74' BASIN 9, 25.001 � _ N68° 24' 0011E 588. 32' _ �„ 0.857 AC. may, ° C47 I I N11 ° 52' ` N64 10 27 E L 40 - - 26 W Rg , - --41.04' / - 4=9°53,50„ - 25. oo'-�I H I LLSTONE STREET LQ C50 C51 -C40- - R 1135.00 L=196.06' N68 24 00 E 588.32 � Irn ' C48 - -C41- - -C4245.- - - - �--C43--42.21'- 46.00'- - --46.20'- - 80'- C44 W co w r-,-) ' rn 2 4 z z N_ ' � Z' � p L� 00 -p CO ° Z z N N N p co o rn -� 4 co -p N � �o QI� I �' �_ o 6$zz> 66 6,> w co w 68 o W 69 T w �0 W w �r N w 7 a 12 o C' III 3I�' o � O `_'' � CO � N 6� Ln O N O CD 6D � o o OD o o o o =312.8g � I NI ^ I �� o � CD , I o L37 R 6 49.24' N73° 35' 27" E N72° 03' 5811E N69° 24' 38" E N68° 20' 56" E N67° 26' 09" E N67° 56' 48" E (A ::25 / ` � 23. 73 N74°25'37"E 49.50 49.68' 46.41' 46.00' 46.21 45.80 7 m A° C U H O ® 25 26" R=1460. ' / N10° 09' 47" w RAD 69. 36' 37 30 a 00 L=597. LOT 83 "LANDSCAPE" 0.641 AC. �] o 4 0 o / o 0 o 0 09'R4) 4=1 ° �0 _ 1 08157" L-284.20' (N68° 41' 16" E 492.76' R4) IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE , STATE OF CALIFORNIA [PARCEL Q TRACT MAP NO, 37341-17 L 0 7 M H E Q W • BEING A PORTION OF PARCEL B OF NOTICE OF LOT LINE ADJUSTMENT NO. LD19-1393 RECORDED FEBRUARY 20, 2020 AS L D H0. PM e M � INSTRUMENT NO. 2020-0076510 OF OFFICIAL RECORDS, A PORTION OF LOTS 24 AND 25 OF TRACT MAP NO. 37368, AS FILED M7. H 0 ° 20,22 e 020 o S 33 IN BOOK 468, PAGES 89 THROUGH 98, INCLUSIVE, OF MAPS, SHOWN AS PARCEL B OF NOTICE OF LOT LINE ADJUSTMENT NO. LD21-1111 RECORDED JANUARY 6, 2022 AS INSTRUMENT NO. 2022-0008833 OF OFFICIAL RECORDS, ALL IN THE R E C ° 0 6 e P.M. LOT LINE ADJ. CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LYING WITHIN SECTION 21, TOWNSHIP 7 SOUTH, LD NO.21-1111 RANGE 2 WEST, SAN BERNARDINO MERIDIAN. INST. NO.2022-0008833 RICK ENGINEERING COMPANY JUNE 2 21 REC. 1-6-2022 - (N69°13'49"E 706.15' R7) 46.01' 1 48.01' 1 46.01' 1 48.01' 1 46.01' 1 48.42' 46.01' 1 47.01' 45.01' 1 49.02' 48.20' - - - Z N N O N ZNN0C6Ol zNNO II I N N N c9 r0 9 8 V rQ �CN O p OOco cn CA pO �O O W /rC��J�ji1 CI �� {I1Lj�I 1 O o Qj ZE Lll/LI ? LI CJJ LI 4� 2 4 �o L8 \ 7°48' 00" E-46.00'- ` 48.00'- - 46.00'- --48.40'-46.00'- --47.00'- -C6 -L7 J"NE -45.00'- - - - - -L6-- C12 - _46. 00'- - -48. 00'- - "' N71 ° 49' 54" E� C5 - N67° 48' 00" E 551.36 "' LOT B L' 25.00' o 50.00' Iv, p 11 II (n C3 � N71 ° 49' 54"E zr-9 pi N6745 00 �11 N67° 48' 00" E 551.36' o- _ - -- - - E�" c 50. 00, N N PENSTEMON WAY UQ 25.00' -� of N71°49�54"E �•"' N67°48'00"E N67° 48' 00" E 551.36' C10 50.00' po o 45.00' � �- L28 ` 02- - - - --47.40'- --46.40'- - 47.40'--46.20'- - - -47.80 - - -46.20 - 47.40 - - C30 / C31 27 20.00' L) �w 4 \1 - / Z Z 2 N I d Z z N N N N pp N � N N N N IZ N IN N � N N 00 p 4 j O 4 co O I CTI Z Z N pp N 00 3 �O O O N 4O N n, N O 33 37 � N 34 O N S O N s O N O N O N �9 0 O � O pZE 0 O Z p J� p O p O p O O O - O N N W O p c> p O � n n O N CD W i N o� j r- = N680 16'01''E I - (n - N67° 48' 00" E 512. 02' 47. 80' 46.20' 47. 40' 45.80' N73° 40' 13"E N67° 48' 00" EI ;Ms oo <R 47.40' 46.20' o47.40' 00'46.00 46.00' 41.80' 45.2455. 00 uj 46.20' 46.6046. L45L1 045.61' 46.40' 3 W o` cf) Z 2 4 D z z z cfl Z Z N N N N C.fl o C.4 0 44 cD 1.0 W � w � s � w s � c, l 49 � � 4$ � rn 4� N rn 46c�i,- s o � S3 C4 2 00 r � � "� �� 3, cn N p p O p p O cD p - O C54 2 4 LA �I � � z \•�' �� rzll - 46.20'- --46.00'l --46.00'--46.00'--46.00'- --46.00' --46.00'- - L30 C34 - o - C33- "' cn 0 0 - - 46. 00 C9 N68° 24' 00" E 588.32' A-5 58 06" N11023 \ LOT "D" 25. 00'--- - R=625.00' L=65.10' '" '-56"W RAD `oo� -- m �� E V� - N68° 24' 00" E 588.32' _=5 ° 58'06" ° 41, o R=600.00' L=62.50' r C49 ��,�Rj6p0.008E RAD HILLSTONE STREET Ln 25.00' 0=5°58'06" 4, Z N68° 24' 00" E 588.32' R=575.00' L=59.90� -46.60'- --45.80'--46.60'- --46.20'- --46.60'- 46.00'--46.20'�W --45.60' - -L38- - -C46- - - - - o,Lo C451p cZ NI o z 2 4 z z IZ o n l Z z N N N N N 00 ° cn I N W `4 O� �S O > 1>c c w p co W ,8 O W 1>9 W (gO N 8 r Co J Ln N W �� O �� j � 0� O 6� V pO� O p O p p O co- N II r v' CDO O O O CD�_ � NJ U 4� LI 0 w 2o � N66° 56' 21 "W N67° 55' 39" E N66° 56' 49" E N68° 1143" E 46.60' 46.00' 46.20' 45.60' N72° 03' 55"E N76° 10'55 46. 62' 45. 80' 46. 61, 46. 20' N68° 24' 00" E 184.40' 45.06' 44. 76' 11E- - - I LOT 83 "LANDSCAPE" 0.641 AC. - - - N16023'27"W RAD i- (0=4055' 16 (N68° 41 ' 16" E 492. 76' R4) 'T R Q C'T H O ® � R=765.00I 37368 Hj o 410 o / o 0 = o SHEET 6 OF 7 SHEETS NOTES 1. SEE SHEET NO. 2 FOR BOUNDARY CONTROL SHEET, SURVEYOR'S NOTES, MONUMENT NOTES AND RECORD DATA FOR BOUNDARY. 2. SEE SHEET NO. 3 FOR BOUNDARY MAP, BASIS OF BEARINGS AND VICINITY MAP. 3. SEE SHEET NO. 4 FOR SHEET INDEX MAP AND EASEMENT NOTES. LINE TABLE NAME LENGTH L1 ----DIRECTION N --- 67012'00" --- W 28.28' L4 N 15037'54" W 25.00' RAD L6 N 71049'54" E 32.11' L7 N 71049'54" E 17.89' L8 N 67048'00" E 4.30' L26 N 67048'00" E 33.74' L27 N 71049'54" E 37.82' L28 N 71049'54" E 12.18' L29 N 26039'37" E 29.59' L30 N 68024'00" E 17.72' L31 N 68016'01" E 4.00' L38 N 68024'00" E 38.50' L41 N 15037'54" W 32.54' L42 (N 20014'42" W 24.16' R7) L45 N 67048'00" E 4.20' CURVE TABLE NAME DELTA C2 4001'54" --RADIUS- ---ARC-- 300.00' 21.11' C3 4001'54" 300.00' 21.11' C4 6007'00" 300.00' 32.03' C5 4001'54" 275.00' 19.35' C6 4001'54" 325.00' 22.87' C8 4046'48" 300.00' 25.03' C9 4013'58" 625.00' 46.17' C11 0029'33" 275.00' 2.36' C10 4001'54" 275.00' 19.35' C12 3032'20" 275.00' 16.99' C30 2030'48" 275.00' 12.06' C31 1031'05" 275.00' 7.29' C32 4001'54" 325.00' 22.87' C33 3028'04" 625.00' 37.83' C34 2030'02" 625.00' 27.28' C45 0045'09" 575.00' 7.55' C46 5012'57" 575.00' 52.34' C49 (4019'42" 600.00' 45.33' R6) C53 1009'07" 275.00' 5.53' C54 1009'07" 275.00' 5.53' C55 4057'52" 300.00' 25.99' SCALE: 1" = 40' 40 0 40 80 a'12. SFF SHF FTH LOU`/ M2 " �o QV�l " 0.0 677 Ac. R,1 °10,271E C1 L2 41.04'— I C2 I I _Z N o 3 I � I I I ' L R=196\ I Ez IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE , STATE OF CALIFORNIA SHEET 7 OF 7 SHEETS NOTES TRACT MAP NO, 37341-17 1. SEE SHEET NO. 2 FOR BOUNDARY CONTROL SHEET, BEING A PORTION OF PARCEL B OF NOTICE OF LOT LINE ADJUSTMENT NO.LD19-1393 RECORDED FEBRUARY 20,2020 AS SURVEYOR'S NOTES, MONUMENT NOTES AND INSTRUMENT NO. 2020-0076510 OF OFFICIAL RECORDS, A PORTION OF LOTS 24 AND 25 OF TRACT MAP NO. 37368, AS FILED RECORD DATA FOR BOUNDARY. IN BOOK 468,PAGES 89 THROUGH 98, INCLUSIVE, OF MAPS, SHOWN AS PARCEL B OF NOTICE OF LOT LINE ADJUSTMENT 2. SEE SHEET NO. 3 FOR BOUNDARY MAP, BASIS OF NO. LD21-1111 RECORDED JANUARY 6, 2022 AS INSTRUMENT NO. 2022-0008833 OF OFFICIAL RECORDS, ALL IN THE BEARINGS AND VICINITY MAP. CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LYING WITHIN SECTION 21, TOWNSHIP 7 SOUTH, 3. SEE SHEET NO. 4 FOR SHEET INDEX MAP AND RANGE 2 WEST, SAN BERNARDINO MERIDIAN. EASEMENT NOTES. RICK ENGINEERING COMPANY JUNE 2021 3 N74°25'3711E 69.36' N7 SEE SHEET NO. 6 HILLSTONE STREET LOT "D" n 2 4 (0 07 a @ @@ 70 7 772 773 74 775 77Cg 777 77 @ 770 @ (o @ � 3.35'27"E N72'03 58 E N69°24 38 E „ N68°20 56 E N67°26 09 E N67°56 48 E N66°56'21"E N67°55 39 E N66°56'49"E 46 N68°11'43"E N68°24'00"E 184.40' N72°03'55"E 45.06' N76°10'5t 44.7g� '6=11 '08'57', R=1460.50' L=284.20' L=597.09'R4) — URQC U �10 WE �Y V LOT 83 "LANDSCAPE" 0.641 AC. ( N68°41'16"E 492.76' R4) 19 A=4°55'16" R=765.00' L=65.71' N16°23'27"W RAD LINE TABLE NAME DIRECTION LENGTH L1 N 12004'47" E 23.73' L2 N 78017'50" E 23.84' L3 N 78017'50" E 29.36' L4 N 15037'54" W 32.54' CURVE TABLE SCALE:1 50' NAME DELTA RADIUS ARC Cl 14007'23" 100.00, 24.65' 50 0 50 160 C2 0022'37" 1135.00' 7.47' ENVIRONMENTAL CONSTRAINT SHEET TABLE DATA ENVIRONMENTAL CONSTRAINT NOTES IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE , STATE OF CALIFORNIA an NAME DIRECTION LENGTH W J ----------------------------- 1 . THIS PROPERTY IS LOCATED WITHIN 30 OC �+ L1 (S 64010'07" E 137.86' R4) MILES OF MOUNT PALOMAR OBSERVATORY. W w \ (N 64010'00" W 137.86' R2) ALL PROPOSED OUTDOOR LIGHTING SYSTEMS WITH THE CALIFORNIA TRACT MAP NO, H Q sHALL �1 L2 (N 71051'24" E 60.57' R4) SNSTITUTTEPLY OF TECHNOLOGY, PALLOMAR BEING A PORTION OF PARCEL B OF NOTICE OF LOT LINE ADJUSTMENT NO. LD19-1393 RECORDED FEBRUARY 20, 2020 AS m N J (N 71 0 51 '21 " E 60. 57' R2) OBSERVATORY RECOMMENDATIONS, INSTRUMENT NO. 2020-0076510 OF OFFICIAL RECORDS, A PORTION OF LOTS 24 AND 25 OF TRACT MAP NO. 37368, AS FILED L3 (N 47054'03" E 206.41' R4) ORDINANCE NO. 655. IN BOOK 468, PAGES 89 THROUGH 98, INCLUSIVE, OF MAPS, SHOWN AS PARCEL B OF NOTICE OF LOT LINE ADJUSTMENT ( N 47054' 00" E 206.41 ' R2) NO. LD21-1111 RECORDED JANUARY 6, 2022 AS INSTRUMENT NO. 2022-0008833 OF OFFICIAL RECORDS, ALL IN THE L J y L4 (N 74040'31" E 84.91' R4) 2 THIS PROJECT IS WITHIN A 55' -L45-�-- SURVEYOR'S NOTES SHEET 1 OF 1 SHEETS L 5 9 1. INDICATES FOUND AS NOTED. -(N89° 39' 10"W 5282.95, R4)-A- 2. ■ INDICATES 1" IRON PIPE TAGGED LS 8805, (N89°39'12"W TO BE SET FLUSH PER TRACT MAP 37368, 5282.87' R2 & R3) MB 468/89-98. DETAIL"A " 3 O INDICATES SET 1" IRON PIPE TAGGED LS 8805 CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LYING WITHIN SECTION 21, TOWNSHIP 7 SOUTH, (N 74°40' 28" E 84.91 ' R2) LIQUEFACTION HAZARD ZONE. RANGE 2 WEST, SAN BERNARDINO MERIDIAN. N.T.S. L5 (N 89°42'02" E 162.15' R4) (N 89041 ' 59" E 162.15' R2) 3. ENVIRONMENTAL IMPACT REPORT (E I R) RICK ENGINEERING COMPANY ° ° JUNE 2021 u @ u L6 (N 63056' 09" E 113.99' R4) (SCH#97121030) WAS PREPARED FOR (N88 29 38 E 5296.39 R4) (N88 29 37 E 5296. 39 R2 & R3) (N 63056'06" E 113.99' R21 THIS PROJECT AND IS ON FILE AT THE 10 L7 (N 84027' 29" E 144.82' R4) CITY OF TEMECULA PLANNING DIVISION. \ \ CONTINUED TABLE DATA CITY LIMIT (N 84027'26" E 144.82' R2) \ \ NAME DIRECTION LENGTH L55 (N 38°15'21" E 663.57' R4) LINE L8 IN 84027'27" E 49.09' R4) IN 84027'24" E 49.09' R3) ----------------------------- (N 38015'24" E 663.55' R1) (N 38 15 19 E 6.55 R2) L45 (S 89°39'10" E 319.78' R4► L9 IS 84012'25" E 129.22' R4) 1 � L56 (N 38015'21" E 65555.50' R4) IN 84012'28" W 129.22' 1331 I IN 89039'12" W 319.80' R2) (N 38°15'19" E 655.48' R2) L32 L10 (N 83031 ' 26" E 386.16' R4) MURRIETTA OT I L46 (N 0021 ' 22" E 265.43' 134) L57 (N 00 33' 48" E 485.01' R4) o �r (N 83°31 ' 23" E 386.16' R3) - SPRINGS ROLD J I (N 0°20' 58" E 265.41 ' R2 ► (N 0° 33' 47" E 485.01' R2) v "� °z L11 (N 57°40' 49" E 87.87' R4) _ - L58 (N 890 39' 10" W 55.00' R4) (N 57°40'46" E 87.87' R3) _ - L47 (S 89026'26" E 126.19' R4) (N 89°39'12" W 55.00' R2 & R3) I � � �� L12 IN 72°09'33" E 161.36' R4) O IN 89 26'26" W 126.19' R2) L59 (N 89039'10" W 601.73' R4) �� ��v' - c� L48 (N 0 33'34" E 76.01' 134) (N 89 39 12 W 601.61 132) 26 IN 72009'30" E 161.36' R3)� \ L13 IN 81 ° 26' 12" E 356.89' R4) o� o (N 0033' 34" E 76.01 ' R2) (N 89° 39' 12" W 601.50' PM 14/93-94) ��,] ��'S o� � N �� i �l �� L49 (N 48°26'50" W 30.47' R4) NAME ---DELTA--- -RADIUS- ---ARC- ti° - 1 (N 81 26'09" E 356.89' R3] I I oS r� zG��J ____ \ � � w tt L14 (S 89059'57" E 283.29' R4) 1 �g D�� (N 48025'50" W 30.48' R2) C1 (23°23'23" 1600.00' 653.17' R4) 23\ `r ��� IN 90000'00" W 283.29' 133) O� L50 (N 36044'32" E 122.41' 134) (23°2333" 1600.00' 653.24' R1 & 132) �21 L22 L15 (S 83050' 13" E 159.06' R4) \ �� °o (N 36°44' 30" E 122.39' R2) C2 (2° 08' S2" 1600. 00' S9. 98' R4) - r o U� - - - (20 08' 45" 1600.00' 59.92' R1 & R2) (N 83 50' 16" W 159.06' R3) \ RORIPAUGH I I L51 IN 89°26' 26" W 500. 00' R4 8 R21 C3 (35° 32' 42" 1600. 00' 992. 60' R4) L16 IN 61056'25" E 264.03' R4) VALLEY L52 (N 0°33'48" E 1610.00' R4) (N 61056'22" E 264.03' R3) \ (35° 32 46 1600.00 992.63' R1 & R2) L17 IN 51006'12" E 146.91' R4) �= = ROAD�J I (N 0034'04"E 1610.00' R1) �l (N 51006'09" E 146.91' R3) - 8 L53 (N 38015'21" E 82.30' R4) ", L18 (N 40050;09" E 160.��; R4) I O� J� (N 38015i18"E 82.30' R2) IR (N 40°50 06" E 160. R3) o�,0 1��, l / L54 (N 0 33 48" E 150.19' R4► L19 (N 45 27 37" E 97.37' R4) o p / ° ° �� �'j �� 6 / (N 0 33'47"E 150.19' R2 8 R3) L13 L14 L15 / (N 45 27'34" E 97.37' R3) %? (( 6 ?2 L20 (N 55 ° 57' 04" E 292.00' R4) �j� 4 �'/ L7 '\� �' IN 55057'01" E 292.00' R3)°o \�� J^6., 6 L8 Lg 1-10'�� 7G3QC�7 NO. . �D_ 0 v 1 43 N H L41 L21 IN 71033'59" E 183.58' R4) 7 L4 L5 IN 71 °33'56„ E 183.58' R3) 56.00' L22 (N 10059 51 W 41 .74 R4) Q L53 �� ��� ���_ -'-� L;N IN 10059'54" W 41 .74' R3) ��vQ��� �2 / o� o °� (� �� oL L23 IN 46017'13" W 70.83' R4) - �Q�Qp� /y■- rINQC'r N0 �zo IN 46017'16" W 70.83' R3)�N81°36'16"E L24 IN 300 10' 20" E 129.03' R4) �JQ� �'ih�R'� D� <<, 465.13' R4�" (N 30010'17" E 129.03' R3) �� 5 �,�h,��� (N81°36'RZIE �C� � 3� �,=������� 1 L25 ( N 41 58 20" W 153.10' R4) L'O ,,� �� h , 465.73 - ,, p �� 06 p o o a IN 41058'23" W 153.10' R3) RO,q�`S ��Al cb �� �� �� \ y� '� o G\�Co3 ��l B/ �L3Q�� II�10. / o L26 IN 68029'22" E 150.04' R4) O 4 IN 68029'19" E 150.04' R3) N53°53'32"W RAID coh~ \ \ U(M1D L27 (N 49018'15" W 61.50' R4) U ID Q�� NE- o a IN 49018'18" W 61.50' R3) \�� %� �jj S�� 137 34�-TJ\ 5� jQ i '3 �� �� - a L28 IN 27042'29" W 157.42' R4) /�j �j�\ o �� �� �� o�g ENi c�- / ° IN 27042'32" W 157.42' R3) -� / \ SpMM� PARCEL A L29 IN 3009' 15" E 69.52' R4) o , o �� \ LOO 4 LME OADD d. \ \ °° � I- _ (N 3009' 12" E 69.52' R3) _ _ � o �o , n, �� ���� 0��� \ N s� C) L30 IN 31°08'52" E 146.57' R4) `\'ho� o (ADD H0° \ \ �� O 0 i?� a IN 31008'49" E 146.57' R3) - M � o '� rn p o (�_ M \ H0. 2022-0006 a 13 3 / �(r�Q° �� (1�]0. ?� d� - � , C�j A-� v �J Ll V O ° o O Oo po L31 (N 59053'24" E 91 .23' R4) v� rn�O I 37306 o \G3(C�°-C� -�0�� /j�3�� IN 59°53'21" E 91 23' R3) " �� l RWF3 7 ' L32 (S 80011 49" E 146.69' R4) (N 80011'52" W 146.69' R3) i� 3 I L33 (S 24016'03" E 163.27' R4) -C IN 24016'06" W 163.27' R3► L34 (S 40055'25" E 372.57' R4) t� I (N 40055'28" W 372.57' R3) L35 (S 22046'27" E 193.68' R4) - (N 22046'30" W 193.68' R3 - L36 (S 0050'29" E 260.95' R4) � � - IN 0050'32" ° W 260.95' R3) N o�N -, M N I- - J W m- 6�3�6g L37 IS 819 57 W 112.76 R4) IN 80 11'54" E 112.76' R3) 1 0? o - L38 (S 25031'21" W 112.71' R4) 55' - % / \�-L / \ N 25031'18" E 112.71' R3) 110' rfr rr 1 F rjRr1rr J\JJ,1�_P 3J3z 1 - 16 L39 (S 37018'50" W 85.50' R4) - �J� � J � 1 r IN 37°18'47" E 85.50' R3) (422.01' R4 JJ18 '1J�31-''r J`JJ T') L40 IS 5040'51" E 142.81' R4J `� UN I N89°26'26"W) rr�r�r7 1\Jlr�� J -'r 1 1 1 -\ (N 5040' 54" W 142.81 ' R3) (422. 00' R2) rfRr� rr J\JJr�P 3J32 J � 15 FD 1" IP W/PP "FRANK--�\lJ= '; J�3� L41 (S 89010' 18" E 85.47' R4) t� L49 (N89026' 26"W L48 1\l1J l 3���� & LAURA RCE 28029 J 2� J) I\ \ (N 89010'21" W 85.47' R3) L� - - - L51 , L42 (N 60044' 02" E 96.06' R4) 2 �/ i N. 0.5' NO REFERENCE 47 _ SOMMERS BE - - RFD 1" IP OPEN DN. 0.5' ACCEPTED AS POINT IN 60 43 59" E 96.06' R3) t� FD 8 x8 STONE MON. - ON S'LY LINE OF (75.81' R4) ° Ln - _MK'D ''P 17" ON S'LY - R 4 rr ]VI14P �3J.�'J 1 � ;3 - r NO REFERENCE ACCEPTED AS R3 & R4 � (75. 84' R2 & R3)� L43 (S 89 26' 27" E 338.54' R4) SEE �OINT ON SLY LINE OF R3 & R4 i L59 J SIDE UP 1.2' PER J\JJ�-''rJ�� }J� ] (N 89026'30" W 338.53' R3) DETAIL "A" L45- R2, R3 & R4 RANCHO P UBA BOUNDARY fTR'�0 r IV], _P 3 J.3'1 1 ` 1 � � � (625.52' R4) (878.58' R4) 6 ° - \ J �� - 2 r � � 625.59' R2 & R3 L44 (N 0 33 ' 48 " E 30.00' R4) � 111 � J �3 � � J � � �L (878.53 R2 & R3) (N 0°33'47" E - 30.00' R2) �� (5227.95' R4) (5227.88' R2 & R3) SCALE° 1 - 400 20 1 1 2� _ RANCHO PAUBA BOUNDARY (N89° 39' 10"W 5282.95' R4) (N89° 39' 12"W 5282.87' R2 & R3) �. o _pJ\ll� 1 ' P1\l1J 1 �- _PJ\J13' J �J� �r1f�, 12 �J\JJJ 1-' ) � )J �r1f� 1 1 �r�F� �r�i� 460 0 460 800 �� 2� 3 5 11 J l`J PJ\ll� )5/J 1 J 'f TRACT MAP NO. 37341-17 19 rn LO 0 FLUSH. 4. ALL MONUMENTS SET ARE PER RIVERSIDE COUNTY ORDINANCE 461.21. 5. THIS TRACT CONTAINS 12.263 ACRES GROSS. 6. DRAINAGE EASEMENTS SHALL BE KEPT FREE OF BUILDINGS AND OBSTRUCTIONS. 7. ALL MONUMENTS SHOWN AS SET SHALL BE SET IN ACCORDANCE WITH THE MONUMENTATION AGREEMENT FOR THIS MAP. 8. THIS TRACT CONTAINS 84 LOTS. 9. - INDICATES SUBDIVISION BOUNDARY. 10. RAID INDICATES RADIAL BEARING. 11. R1 INDICATES RECORD PER RS 143/82-89. 12. R2 INDICATES RECORD PER MB 342/73-85. 13. R3 INDICATES RECORD PER MB 401/89-96. 14. R4 INDICATES RECORD AND MEASURED PER TRACT 37368 MB 468/89-98. 15. R6 INDICATES RECORD AND MEASURED PER TRACT 37341 MB 473/8-14. 16. R7 INDICATES RECORD PER LOT LINE ADJUSTMENT NO. LD21-1111 RECORDED 1-6-2022 AS INST. NO. 2022-0008833. 17. R8 INDICATES RECORD PER LLA 19-1393 REC 2/20/20, INST. 2020-0076510. 18. ALL LOT CORNERS OF THIS MAP WILL BE MONUMENTED BY A 1" IRON PIPE TAGGED "LS 8805", FLUSH UNLESS OTHERWISE NOTED. 19. C.C. 8 R's, RECORDED 10-28-2019 AS INST. NO. 2019-0433380. ❑X MONUMENT LOG T" N t, LL- 1 FD 1" IP W/TAG "LS 7891", S. E. CORNER SECTION 20 PER R1 8 R4, FLUSH. n� 2 FD. 3" BRASS CAP W/PUNCH, "LS 7891", IN WELL MONUMENT, CL INT. BUTTERFIELD STAGE RD. 8 SOUTH LOOP RD. PER R1 8 R4, FLUSH. C 3 FD. 1" IP W/TAG "LS 7891" B.C. CL BUTTERFIELD as - STAGE RD. PER R1 8 R4, DN. 0.1' 4 FD. 3" BRASS CAP W/PUNCH MARK "LS 7891" IN WELL 3 o MONUMENT, CL INT. BUTTERFIELD STAGE RD 8 NORTH rl)`� `�� LOOP ROAD 8 N I COLAS RD. PER R1 8 R4. N 5 FD. 1" IP W/TAG "LS 7891", E.C. CL BUTTERFIELD STAGE RD. PER R1 a& R4, FLUSH. N o 6 FD. 3/4" IP W/TAG "LS 4251" PER PMB 95/71-72, R2, R3 z "t7 oo 8 R4, FLUSH. 7 FD. 1" IP W/TAG "LS 7891" B.C. CL BUTTERFIELD M T STAGE RD. PER R1 a& R4, DN. 0.1'. N\ 8 FD. 3" BRASS CAP W/PUNCH MARK "LS 7891" IN M �\ WELL MONUMENT, CLINT. BUTTERFIELD STAGE RD. AND N\ \ RORIPAUGH VALLEY RD. PER R1 8 R4, FLUSH. z \ -- 9 FD. 2" IP W/TAG "LS 3483" N.W. CORNER SECTION 21. PER R1 8 R4, FLUSH. �i t7 � j 10 FD. 2 1/4" BRASS CAP ON TOP OF 2 1/4" IP ON CONCRETE, STAMPED N.E. CORNER SECTION 21, PER RS 100/52-57, RS 87/28-34, R2, R3 8 R4, UP 0.1'. 11 FD STONE MON. W/"P-16" SCRIBED ON S'LY 11 FACE W/TACK FOR S.E. CORNER SECTION 21 PER R2, R3 8 R4, UP 0.5'. 12 FD 6"X6" STONE MON. W/"P-15" SCRIBED ON S'LY FACE NO TACK , E'LY 1/4 CORNER SECTION 21 PER RS 100/52-57, R2, R3 8 R4, FLUSH. BOOK T PAGE 420 Item No. 22 ACTION MINUTES TEMECULA COMMUNITY SERVICES DISTRICT MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA MARCH 22, 2022 CALL TO ORDER at 8:38 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. 17. Approve Action Minutes of March 8, 2022 Recommendation: That the Board of Directors approve the action minutes of March 8, 2022. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 8:51 PM, the Community Services District meeting was formally adjourned to Tuesday, April 12, 2022 at 4:30 PM for a Closed Session, with a regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. James Stewart, President ATTEST: Randi Johl, Secretary [SEAL] Item No. 23 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Erica Russo, Director of Community Services DATE: April 12, 2022 SUBJECT: Approve a Three -Year Agreement between Temecula Community Services District and Social Work Action Group for Homelessness Related Services PREPARED BY: Mike Wooten, Administrative Services Manager RECOMMENDATION: That the Board of Directors approve a three-year agreement between Temecula Community Services District and Social Work Action Group (SWAG) for homelessness related services. BACKGROUND: On January 11, 2020, the City of Temecula entered into an agreement with Social Work Action Group (SWAG) to provide street outreach services to Temecula's homeless population. Over the past 14 months, thanks in large part to SWAG the City has been able to successfully assist 104 individuals with exiting the streets, which includes securing treatment and/or housing, and family reunifications. The existing agreement expires on April 11, 2022, and the Community Services Department now desires to enter into a new three- year agreement, which will position the City of Temecula to continue working towards the City's goal of permanently reducing the incidence and impacts of homelessness in Temecula over this period. Services will continue to be evaluated over the term of this agreement to determine any necessary modifications to the level of service to ensure continued success. FISCAL IMPACT: Total fiscal impact of $1,476,604.80 ($1,342,368 + 10% contingency), or $492,201.60 ($447,456 + 10% contingency) per year. For the remainder of FY 21/22, budgeted funds already cover this proposed amount. For FY22/23 and a portion of FY 23/24, funding will be provided via CRP funds as allocated per Council direction on March 8, 2022 (total allocation of $500,000); for the balance of FY 23/24 and all other subsequent years, funds will be requested through the annual operating budget. ATTACHMENTS: Agreement AGREEMENT FOR CONTRACTOR SERVICES BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND SOCIAL WORK ACTION GROUP (SWAG) CITYWIDE HOMELESS OUTREACH SERVICES THIS AGREEMENT is made and effective as of April 22, 2022, between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Social Work Action Group (SWAG), a C 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 April 12, 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 years. In no event shall the contract be extended beyond June 30, 2028. 2. SERVICES Contractor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. 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. 4. PAYMENT a. The City agrees to pay Contractor 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 Four Hundred Forty -Seven Thousand Four Hundred Fifty -Six Dollars and No Cents ($447,456.00), plus 10% Contingency of Forty -Four Thousand Seven Hundred Forty -Five Dollars and Sixty Cents ($44,745.60) for each fiscal year for a total not to exceed Agreement amount of One Million Four Hundred Seventy -Six Thousand Six Hundred Four Dollars and Eighty Cents ($1,476,604.80) unless additional payment is approved as provided in this Agreement. b. Contractor 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 General Manager. Contractor shall be compensated for any additional services in the amounts and in the manner 08/09/2021 as agreed to by General Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. The General Manager may approve additional work up to ten percent (10%) of the amount of the Agreement as approved by the District. Any additional work in excess of this amount shall be approved by the the District. C. Contractor 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 Contractor's fees, it shall give written notice to Contractor 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, Contractor 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 Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor 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 Contractor 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 Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, 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 General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve 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 that 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. 08/09/2021 7. OWNERSHIP OF DOCUMENTS a. Contractor 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. Contractor 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. Contractor 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 Contractor. With respect to computer files containing data generated for the work, Contractor 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. 8. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the SuccessorAgency 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. 9. 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. 1) Minimum Scope of Insurance. Coverage shall be at least as broad as: Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 08/09/2021 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Contractor's profession. a. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: 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) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One Million Dollars ($1,000,000) per claim and in aggregate. 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 Successor Agency to 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 Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, 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 Contractor'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 Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Temecula Redevelopment Agency, 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 in substantial conformance to the following: If the policy will be canceled before the 08/09/2021 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 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-:VII 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. 10. 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. 11. 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. 12. RELEASE OF INFORMATION a. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents or subcontractors, shall not without written authorization from the General Manager or unless requested by the City Attorney, 08/09/2021 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 Contractor gives City notice of such court order or subpoena. b. Contractor shall promptly notify City should Contractor, 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 Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. 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: General Manager 41000 Main Street Temecula, CA 92590 To Contractor: Social Work Action Group Attn: Monica Sapien Petroff 28497 Hwy. 74 B-113 Lake Elsinore, CA 92532 14. 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. 15. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 08/09/2021 16. 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. 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 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 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 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. 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 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 General 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: James Stewart, TCSD President ATTEST: By Randi Johl, Secretary APPROVED AS TO FORM: By Peter M. Thorson, General Counsel SOCIAL WORK ACTION GROUP (SWAG) (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Monica-Satpien, Executive Director By: Aaron Petr if, Director of Programs CONTRACTOR Social Work Action Group Monica Saoien 28497 Hwy. 74 B-113, Lake Elsinore, CA 92532 951.202.2934 monica@theswag.org City Purchasing Mgr. Initials and Date: 344'71- 08/09/2021 EXHIBIT A Tasks to be Performed To address the increase of unsheltered homeless individuals in the City of Temecula, Social Work Action Group (SWAG) has prepared a Strategic Plan of Action. The Strategic Plan specifically targets unsheltered homeless individuals, families, and encampments to reduce the number of visible homeless residing in the City of Temecula. With the assistance of Riverside County Sheriff's Department -Temecula Station, SWAG will identify individuals and geographical areas of concern. SWAG will provide consistent outreach and case management services to those most in need with the ultimate goal of permanent housing. SWAG will build upon our efforts from the last year in Temecula and continue to reduce the homeless population both visibly and documented through the annual Point -in -Time Count. Simultaneously, SWAG will engage, educate, and encourage the community of Temecula to collaborate efforts and spread the message of Responsible Compassion. Census of unsheltered homeless In every community, it is vital to conduct a thorough and comprehensive census of the unsheltered homeless population. City staff, Riverside County Sheriff's Department -Temecula Station, and SWAG will work together to accurately locate, identify, survey and track, through the creation of a by -name list. A comprehensive assessment will provide an in-depth look at the individual, the circumstances and incidents that led to homelessness, such as severe trauma(s). We will also detail one's connections and support systems in the city to leverage those individuals and incorporate those resources. This information be used to develop an individualized action plan. This will be done on an ongoing basis as new individuals enter the city. Outreach to the unsheltered homeless Street outreach must be intensive, consistent, and strategic and needs the partnership of law enforcement and successful utilization and navigation of systems of care; behavioral health, and substance abuse treatment. When we develop an action plan, we follow a flow chart that directs our activities and interactions with the individual to achieve specific outcomes, both short and long term. Trip Home/ Family Reunification When an individual is found living on the streets of Temecula and wants to reconnect with family or a positive support system, we will initiate the Trip Home/ Family Reunification process. First, SWAG will contact the family/ support system to ensure they are willing to accept and house the individual. Next, the Family Reunification/ Trip Home request will be submitted to the SWAG Project Coordinator for approval. The SWAG Outreach Team will purchase a Greyhound bus ticket and ensure the individual boards the bus. SWAG team will contact the family or support system to confirm the individual made it to the destination. Finally, SWAG will submit a request for reimbursement for the cost of Greyhound bus ticket along with all applicable documentation. 08/09/2021 EXHIBIT A CONTINUED Scope of Services Social Work Action Group (SWAG) will work in conjunction with the City of Temecula to facilitate and lead the overall scope of homeless services for the City of Temecula. Full-time, 40 hours per week, Homeless Outreach team members will serve the project. The SWAG homeless services team will follow a Monday -Friday, 7:30am-4:30pm schedule. SWAG will provide the following activities and services: • Assist with the organization and facilitation of the Point -in -Time Count for January 2023. • Respond to homeless service requests made by city staff, and law enforcement in a timely manner. • Provide immediate crisis stabilization to those experiencing behavioral health/ physical crisis and emergencies and connection to behavioral health substance and abuse treatment services. • Case manage individuals that are in treatment and temporary living situations to help ensure they do not return to the streets. ■ All individuals encountered will be included in the by -name census for the City of Temecula. • Facilitate trips home/family reunification utilizing bus trips for individuals wanting to reunite with an identified support system that is out of the Temecula area. • Individuals found living on the streets will be assisted with obtaining admittance and transportation to emergency shelter, transitional and permanent housing options. • Conduct Riverside County housing assessments (including VI-SPDAT when applicable) to unsheltered homeless individuals and families and provide navigation services to connect the individuals to the appropriate housing solutions throughout Riverside County. • Participate in monthly Homeless Task Force meetings. • Provide support to the City of Temecula through trainings, presentations and sharing updates related to trends in regional homeless efforts. • Assist with coordination and facilitation of Homeless Outreach Community Coalition meetings. • Attend monthly update meetings with City staff, as requested. • Attend and participate in City Council meetings, as requested. 10 08/09/2021 EXHIBIT B Payment Rates and Schedule Costs for services shall be outlined below but in no event shall the total cost of services exceed Four Hundred Forty -Seven Thousand Four Hundred Fifty -Six Dollars and No Cents ($447,456.00), plus 10% contingency of Forty -Four Thousand Seven Hundred Forty -Five Dollars and Sixty Cents ($44,745.60) for a total not to exceed agreement amount of One Million Four Hundred Seventy -Six Thousand Six Hundred Four Dollars and Eighty cents ($1,476,604.80) Proposed Twelve (12) Month Service Agreement Expense Category FTE BUDGET Outreach & Case Management Services Three 3 Outreach Specialists/ Case Managers- 40 hrs./ week 3.0 $ 295,634.00 One 1 Outreach Coordinator- 40 hrs./ week 1.0 $ 98,545.00 Transportation $ 12,600.00 Administration (Supervision, software, etc. $ 40,678.00 Total Proposed Budget $447,456.00 11 08/09/2021 Item No. 24 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: April 12, 2022 SUBJECT: Consider Opportunities for a Performing Arts Center (At the Request of Mayor Rahn) PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council consider opportunities for a performing arts center, create an ad hoc subcommittee that would ultimately work directly with the arts community on a possible private capital campaign, and provide general direction regarding the same. BACKGROUND: At the meeting of March 22, 2022, the City Council unanimously approved the placement of the above -referenced subject on the agenda at the request of Mayor Rahn. A performing arts center is typically a larger space that is intended for various types of use. Performing arts centers differ from smaller single -purpose concert halls, opera houses or theatres, although the actual use of single -purpose spaces for multi -use is widespread. Examples of well - recognized performing arts centers in Southern California include the Segerstrom Center for the Arts in Costa Mesa and the California Center for the Arts in Escondido. Performing arts centers increase economic activity and further engage all segments of the community in the arts and culture space. While the City of Temecula has cultivated a thriving arts and culture scene with its smaller venues, a performing arts center has the potential to reinvigorate interest and generate investment in the community and region. This is further supported by the City's 2020 Community Services Master Plan, which identified, "a priority need for an entertainment venue/large event space that may include an amphitheater, black box theater, music and performing arts venue as identified by the community..." It is therefore recommended that the City Council consider the item, create an ad hoc subcommittee to further work with staff, and provide other direction as the City Council deems appropriate. FISCAL IMPACT: None ATTACHMENTS: None REQUEST TO SPEAK FORMS, ELECTRONIC COMMENTS AND DOCUMENTS SUBMITTED FOR THE RECORD Public Comment Agenda Item No. REQUEST TO SPEAK CITY OF TEMECULA Non -Agenda Item: � Agenda Item: For El Against ❑ Date: �Z' /Z - ZDo d Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk rp for to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the recor Name: JPhone Number: Address: Email address: __ �yhh✓ Z If you are repre%enting anorganizationor groupp� please/g.ve the nary / Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Public Comment: Non -Agenda Item: Pq Agenda Item No. For El REQUEST TO SPEAK CITY OF TEMECULA Agenda Item Against 0 Date: '4 t I a- l Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk rp for to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. . Name: ryl 'y V- l<s Phone Number Address Email address: If you are representing an organization or group, please give the name: M P 5 � � A u � Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Public Comment: Non -Agenda Item: Agenda Item No. REQUEST TO SPEAK CITY OF TEMECULA Agenda Item: ❑ For El Against ❑ Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name fnr tha rarnrrl Name: Addres Email s If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA Date: �I z 2az. Public Comment: Non -Agenda Item: a Agenda Item: Agenda Item No. For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk rior 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 th peaker is called to speak, please come forward to the podium and state your name for the recor Name: I ^�%�"'� Phone Number: Address: L Lii ` - I -1 Email address: If you are representing an organization or gro please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA Date: Public Comment: Non -Agenda Item: )% Agenda Item: El Agenda Item No. For El Against El 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: Z /1 4c/ Phone Number: Address: Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA Date: Public Comment: Non -Agenda Item: © Agenda Item: El Agenda Item No. For ❑ Against El Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk rp for to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: �- `� ��'^ A l` G G� Phone Number Address Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. `OV ft:.11f Public Comment Agenda Item No. REQUEST TO SPEAK CITY OF TEMECULA Non -Agenda Item: F�0 Agenda Item: ❑ For ❑ Against ❑ Date: Lit Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk gEjE to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: 2 '&re- Phone Number: Address: Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. `ol 'fit � Public Comment Agenda Item No. REQUEST TO SPEAK CITY OF TEMECULA Non -Agenda Item: ff Agenda Item: For ❑ Against ❑ u Date: -ZZ 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: -JOn S 1 ) Phone Number. � Address: Email address: If you are representing an organization or roup, please give the name: P�G1�ge�a\1 Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Public Comment Agenda Item No. REQUEST TO SPEAK CITY OF TEMECULA Non -Agenda Item: I Agenda Item: ❑ For El Against ❑ Date: q _1 �_ — a -�__ Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk rp for to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the re rd. Name:( -EL 1 ► l�%�� Phone Number: — Address: �� Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA Date: Public Comment: Non -Agenda Item: 0 Agenda Item: Agenda Item No. For ❑ Against ❑ /0 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 reco d Name: Phone Number: Address Email address: If you are represerWng an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Public Comment Agenda Item No REQUEST TO SPEAK CITY OF TEMECULA Non -Agenda Item: ❑ Agenda Item: For F-1 Against Date: L �— Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk rp for to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the recor . Name: Pi / Phone Number: Address Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Public Comment: Non -Agenda Item: ❑ Agenda Item No. For ❑ REQUEST TO SPEAK CITY OF TEMECULA Agenda Item. - Against ❑ Date: G Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: L ,L 1 1 P 1�'7 `4 'y C [_�j Phone Number: e-_� 4 e e Address Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK " uyi r CITY OF TEMECULA 1989 Date: Public Comment: Non -Agenda Item: Agenda Item: Agenda Item No. For El Against El Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk rior 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. a Name Address: Email ad Please note that all information presented at a City Council meeting becomes All information provided is optional. Public Comment: Non -Agenda Item: ❑ Agenda Item No. � For ❑ REQUEST TO SPEAK CITY OF TEMECULA Agenda Item: N Against El Date: 1 P 9"0 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 recor C� `� Address: �� �, s -� i 4� (V J 59 i o -- Email address: presented at a City Council meeting becomes public record. information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA } 1989 Date: Public Comment: Non -Agenda Item: Agenda Item: 1A i' Agenda Item No. '' For F Against U Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. ` Name: , v_a)609A' Phone Number: Address: Email address: If you t ktik�� � ar representing an org�gization of 9�oup, ple` as ive the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Public Comment Agenda Item No Non -Agenda Item: ❑ For REQUEST TO SPEAK CITY OF TEMECULA Agenda Item: 'VI Against El Date: CJ Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: C > eA IT2 y� Phone Number: " Address: �,Z �6 Z r�ur/� �, CA Email address: yQu are re esent* kna an prganization group, ple swgive the name: fl c p �(lr� ��c- 1 _D Ple se ote Oil/1 information presented at a City Council meeting becomes public record. All information provided is optional. 1989 Public Comment: Agenda Item No. Non -Agenda Item: For REQUEST TO SPEAK CITY OF TEMECULA Agenda Item: Against ❑ U Date: A � � :z 1�aa_L� Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk arior 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: J JyorS Phone Number: Address: Email address: � If you are re�enting an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Public Comment Agenda Item No Non -Agenda Item: For ❑ REQUEST TO SPEAK CITY OF TEMECULA Agenda Item: Against ❑ Date: bij- Eta 0 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: IQ Phone Number: Address:' address: C) you are u1presenting an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA 1989 Date: Public Comment: Non -Agenda Item: Agenda Item: Ef Agenda Item No. For 1B Against Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. ������ Name: Z �- � �l/�.JSdry✓ Phone Number: � � Address: l lct C,2- Email address: If you are representing an organization or groue, please give the name: Ss'a�ut�rti �� ?'! 2�-�-�� ll/�rJ a � �i�-i�c-I,�C�r. C ,�( I.�dZCFY ��► L.� !i�-�-�,.� Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Public Comment Agenda Item No. Non -Agenda Item: For ❑ REQUEST TO SPEAK CITY OF TEMECULA Agenda Item: LOILIA Against 1-1 Date: Al2, Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk rp for to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: ZAWZW 2 C�o1iJ %C �-L— Phone Number: � Address: /TW1, 1ZEL2ALZJ l 22581 Email address: / If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. From: Randi Johl Sent: Monday, April 11, 2022 4:22 PM To: Subject: RE: Public Comments, Non -Agenda Items ... Temecula City Council Meeting, April 12, 2022 Yes, received. Randi Johl, JD, MMC, CDE Legislative Director / City Clerk (951)694-6421 randi johl(dtemeculaca.gov 41000 Main St, Temecula, CA 92590 Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Sent: Monday, April 11, 2022 1:15 PM To: Randi Johl <randi.johl@temeculaca.gov>; Council Comments<CouncilComments@TemeculaCA.gov> Cc: Jessica Alexander <Jessica.Alexander@TemeculaCA.gov>; Maryann Edwards<Maryann.Edwards@TemeculaCA.gov>; Matt Rahn <matt.rahn@TemeculaCA.gov>; Zak Schwank <Zak.Schwank@temeculaca.gov>; James Stewart <James.Stewart@TemeculaCA.gov>; Council Assistant <council.assistant@temeculaca.gov>; Erika Ramirez <erika.ram irez@temeculaca.gov> Subject: Re: Public Comments, Non -Agenda Items ... Temecula City Council Meeting, April 12, 2022 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Randi ... Would you please use the following revised comments in which I had mistyped March 22, 2012 in the first paragraph and use this updated/corrected version that reads March 22, 2022? My typing missed it by a decade. Int might be nice if I could time travel and become a decade younger just with a keystroke ... but that is obviously just wishful thinking. Thank you. Rick Sent from my Pad Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Sent: Sunday, April 10, 2022 5:17 PM To: Council Comments<CouncilComments(cDTemeculaCA.gov> Cc: Jessica Alexander <Jessica.Alexander(a)TemeculaCA.gov>; Maryann Edwards <Maryann. Edwards(cDTemeculaCA.gov>; Matt Rahn <matt.rahn@TemeculaCA.gov>; Zak Schwank <Zak.Schwan k(c)temeculaca.gov>; James Stewart <James.Stewart(a)TemeculaCA.gov>; Council Assistant <council. ass istant(cDtemeculaca.gov>; Erika Ramirez<erika.ramirez(cDtemeculaca.gov>; Randi Johl <randi.johI(cDtemeculaca.gov> Subject: Public Comments, Non -Agenda Items ... Temecula City Council Meeting, April 12, 2022 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. The following comment is submitted to be read at the April 12 Temecula City Council Meeting in regards to Public Comments - Non -Agenda Items Dear Temecula City Council; During the March 22, 2012 City Council meeting during discussion of Business Item 22, Consider Term Limits for City Council Members, Mayor Matt Rahn stated the following: "Term limits themselves are potentially erosive to your Constitutional rights of what you expect to be able to do to vote for those candidates and those people that you truly believe represent your community the best that they can. " See: 4:10:52 City council Meeting March 22, 2o22 5:00:OONOW PLAYING Yet the Mayor conveniently failed to recognize that terms limits are indeed Constitutional as there are Presidential term limits codified in the U.S. Constitution via the 22nd Amendment. The California Constitution also mandates legislative term limits through Proposition 28: Limits on Legislators, as well as Article V. Section 2 of the California Constitution restricting California Governors to two terms in office during their lifetime. When it comes to the issue of term limits, I prefer to cast my lot with the colorful Mark Twain and this commonly attributed quote ... "Politicians are a lot like diapers. They should be changed frequently, and for the same reasons." From: Randi Johl Sent: Monday, April 11, 2022 9:07 AM To: ' Subject: RE: Public Comments for Consent Calendar Item 9 ... Temecula City Council Meeting, April 12, 2022 Thank you for your email. It was received and will be read into the record at the next meeting pursuant to Council policy. If you do not wish for your email to be read into the record, please advise. Randi Johl, JD, MMC, CDE Legislative Director / City Clerk (951)694-6421 randi.johl .temeculaca.gov 41000 Main St, Temecula, CA 92590 Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Sent: Sunday, April 10, 2022 4:02 PM To: Council Comments<CouncilComments@TemeculaCA.gov> Cc: Jessica Alexander <Jessica.Alexander@TemeculaCA.gov>; Maryann Edwards<Maryann.Edwards@TemeculaCA.gov>; Matt Rahn <matt.rahn@TemeculaCA.gov>; Zak Schwank <Zak.Schwank@temeculaca.gov>; James Stewart <James.Stewart@TemeculaCA.gov>; Council Assistant <council.assistant@temeculaca.gov>; Erika Ramirez <erika.ram irez@temeculaca.gov>; Randi Johl <randi.johl@temeculaca.gov>; All Executive Staff <ExecutiveStaff@temeculaca.gov> Subject: Public Comments for Consent Calendar Item 9 ... Temecula City Council Meeting, April 12, 2022 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. The following comment is submitted to be read at the April 12 Temecula City Council Meeting in regards to Consent Calendar Item 9: Approve Second Amendments to Agreements with Convergint Technologies, LLC, for the Purchase, Installation, and Maintenance of a Citywide Surveillance System Dear Temecula City Council; I strongly urge you to ensure the utmost due diligence and scrutiny in the selection and/or retention of contractors performing installation and maintenance of surveillance systems for the people of Temecula. And while I realize that the contractor Convergint Technologies, LLC, has performed past security and surveillance services for the City, business are obviously at great risk if this acquired data is somehow accessible to Convergint's Chinese subsidiaries. As City Councilmembers I implore you to perform due diligence and a thorough review in consideration of Convergint Technologies. It should be a shared common goal to ensure the safeguarding of sensitive and personal information that is acquired here in Temecula by the City's surveillance system. Thank you for your time and attention. Respectfully Submitted, Rick Reiss Temecula, CA 92592 P.S. I have Cc this to the City Councilmembers and Staff and Bcc this to various interested parties as well as media contacts. Sent from my Wad References: https://www.convergint.com https://www.convergint.com/converaint-technologies-acquires-icd-security-systems/ https://www.convergint.com/location/beijina/ https://www.convergint.com/location/shanghai/ https://www.convergint.com/location/icd-security-solutions-hanazhou/ https://www.globalsecurity.orci/military/``world/china/ccp.htm https://www.globalsecurity.org/military/world/china/pla.htm 3 From: Randi Johl Sent: Monday, April 11, 2022 9:07 AM To: ' Subject: RE: Public Comments, Non -Agenda Items ... Temecula City Council Meeting, April 12, 2022 Thank you for your email. It was received and will be read into the record at the next meeting pursuant to Council policy. If you do not wish for your email to be read into the record, please advise. Randi Johl, JD, MMC, CDE Legislative Director / City Clerk (951) 694-6421 randi.johl .temeculaca.gov 41000 Main St, Temecula, CA 92590 Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Sent: Sunday, April 10, 2022 5:17 PM To: Council Comments<CouncilComments@TemeculaCA.gov> Cc: Jessica Alexander <Jessica.Alexander@TemeculaCA.gov>; Maryann Edwards<Maryann.Edwards@TemeculaCA.gov>; Matt Rahn <matt.rahn@TemeculaCA.gov>; Zak Schwank <Zak.Schwank@temeculaca.gov>; James Stewart <James.Stewart@TemeculaCA.gov>; Council Assistant <council.assistant@temeculaca.gov>; Erika Ramirez <erika.ram irez@temeculaca.gov>; Randi Johl <randi.johl@temeculaca.gov> Subject: Public Comments, Non -Agenda Items ... Temecula City Council Meeting, April 12, 2022 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. The following comment is submitted to be read at the April 12 Temecula City Council Meeting in regards to Public Comments - Non -Agenda Items Dear Temecula City Council; During the March 22, 2012 City Council meeting during discussion of Business Item 22, Consider Term Limits for City Council Members, Mayor Matt Rahn stated the following: "Term limits themselves are potentially erosive to your Constitutional rights of what you expect to be able to do to vote for those candidates and those people that you truly believe represent your community the best that they can. " https://ballotpedia.orci/Article V, California Constitution#Section 2 https://www.goodreads.com/quotes/1176591-politicians-are-a-lot-like-diapers-they- should-be-changed From: Randi Johl Sent: Tuesday, April 12, 2022 2:47 PM To: gochgrz' Subject: RE: Pickleball league Thank you for your email. It was received and will be read into the record at the next meeting pursuant to Council policy. If you do not wish for your email to be read into the record, please advise. Randi Johl, JD, MMC, CDE Legislative Director / City Clerk (951)694-6421 randi.joh100meculaca.gov 41000 Main St, Temecula, CA 92590 Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Sent: Tuesday, April 12, 2022 2:16 PM To: Randi Johl <randi.johl@temeculaca.gov> Subject: Pickleball league CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi my name is Lenny Martinez..I've been playing pickleball for almost 2 years now.. I support all that Cachie has done for the league and community -Absolute Blessing ..especially during Covid times..This Sport is growing day by day..we need more pickleball courts..) appreciate your support.. Sent from my Sprint Samsung Galaxy Note9. KM STEVE MOYER PUBLIC RELATIONS P.O. Box 5227 - West Hills, CA 91308 - Phone: 818.784.7027 - Fax: 818.784.7099 Media Contact for Ruslan Biryukov: Steve Moyer Public Relations @ 818.784.7027; moverprAearthlink.net; @stevemoyerpr Temecula Valley Symphony Artistic Director and Executive Director: Alana Joos @ 818.231.0931; alanajoos lgmail.com TEMECULA VALLEY 'MPHONY MUSIC - ART - PASSION Presents "THE THREE B'S" BACH, BEETHOVEN & BRAHMS Featuring TEMECULA VALLEY SYMPHONY Under the Baton of Maestro JOHN MARIO, Music Director & Conductor RUSLAN BIRYUKOV, Principal Cellist and Artist in Residence, DR. ZUN-HIN WOO, Principal Violinist & Concertmaster and KATE PRESTIA-SCHAUB, Principal Flutist (Page 1 of 6) Temecula Valley Symphony Presents "THE THREE B's" BACH, BEETHOVEN & BRAHMS — Page 2 of 6 SATURDAY, APRIL 23, 2022 AT 4:00 P.M. GRACE PRESBYTERIAN CHURCH 31143 Nicolas Road, Temecula, CA 92591 PROGRAM "Badiniere" from "Orchestral Suite No. 2 in B minor" with Flute Solo BMV 1067, Movement 7, Written by Johann Sebastian Bach "Symphony No. 7 in A major, Op. 92" Written by Ludwig van Beethoven "Double Concerto in A minor, Op. 102" For Cello, Violin and Orchestra Written by Johannes Brahms Temecula, CA (April 12, 2022) — Temecula Valley Symphony will present "THE THREE B'S," Bach, Beethoven and Brahms, featuring the full symphony orchestra and soloists under the baton of Maestro John Mario, Music Director and Conductor, to be presented on Saturday, April 23, 2022 at 4:00 p.m. at Grace Presbyterian Church, 31143 Nicolas Road, Temecula, CA 92591. Musicians who will be featured in the concert include: Ruslan Biryukov, Principal Cellist and Artist in Residence; Dr. Zun-Hin Woo, Principal Violinist and Concertmaster and Kate Prestia-Schaub, Principal Flutist. The program will include: "Badiniere" from "Orchestral Suite No. 2 in B minor" with Flute Solo, BMV 1067, Movement 7, written by Johann Sebastian Bach; "Symphony No. 7 in A major, Op. 92" written by Ludwig van Beethoven and "Double Concerto in A minor, Op. 102" For Cello, Violin and Orchestra written by Johannes Brahms. Tickets for the concert are $25 for Adults, $15 for Musicians and Members of Grace Presbyterian Church and Trinity Lutheran Church, both in Temecula, $10 for Students and Free for Children 12 and under. To hear a short sampling of the Temecula Valley Symphony in concert, please visit: https://youtu.be/5 Qni61KN1LJo Tickets can be purchased by calling the Temecula Valley Symphony at 951-587-536, or online at https://temeculavalleysymphony.ore For further information, please visit the symphony's website. Free Parking is available at the church. No vaccination cards are required. Social distancing is recommended. It is suggested that guests wear masks. Facebook and Instagram: @TemeculaValleySymphony, Twitter: @TemValleySymphony (-more-) Temecula Valley Symphony Presents "THE THREE B's" BACH, BEETHOVEN & BRAHMS — Page 3 of 6 About The Maestro: John Mario (Temecula Valley Symphony Music Director and Conductor) is in his 8t' Season as Music Director of Southern California's Temecula Valley Symphony. He is also the Conductor and Music Director for the Coachella Valley Symphony in Palm Desert. John Mario has previously served as Principal Tour Conductor for singer Jackie Evancho's "Dream With Me," and "Songs of the Silver Screen" tours. He is known for his exemplary affinity for accompaniment of singers in the worlds of Classical and Pop music. As a Conductor Mario has appeared with the Atlanta Symphony, Pittsburgh Symphony, Colorado Symphony, Naples Philharmonic, Stockton Symphony, Dallas Pops, Baltimore Symphony, Rhode Island Philharmonic, Long Beach Symphony, Thousand Oaks Symphony, Parma Recording Symphony, Chautauqua Symphony, Marin County Symphony, San Bernadino Symphony, Tacoma Symphony and at the Chicago Symphony Center. John Mario is also a veteran opera conductor serving three seasons as Music Director of the legendary Tri Cities Opera of Binghamton, NY, former training grounds for opera stars such as Richard Leech and Placido Domingo, and also the oldest Resident Artist Training Program in the USA. Besides conducting three opera productions a year, his duties encompassed Resident Artist Training Program classes, workshops, and hosting the local NPR radio show "Operalogues." SUNY Binghamton also appointed John Mario as a full-time Visiting Professor of Music for the Masters of Music in Opera program. He is the former Artistic Director of Long Island Opera, where he led the company's first production of its renaissance — Giacomo Puccini's "La Traviata" in June 2010. From the pit over the past decades, he has led dozens of productions as guest conductor in companies across the US, including Sarasota Opera, Toledo Opera, Syracuse Opera, and Opera Southwest. In addition to his conducting duties, John Mario performs in recital and is a leading coach of the Italian Opera repertoire in his New York City and Los Angeles studios, preparing internationally acclaimed singers for their roles on the stages of the world. He has accompanied world-renowned conductors and singers in opera rehearsal and has played in Master Classes for singing legends, Licia Albanese and Renata Scotto. He has served as a judge for several major vocal competitions, including the Liederkranz International Opera Competition of New York City, The Metropolitan International Opera Festival Competition of New York City, and the Belvedere International Opera Competition of Vienna. In 2012, Mario served as Italian Language Coach for New York City Opera's production of Gioachino Rossini's "Mos6 in Egitto." (-more-) Temecula Valley Symphony Presents "THE THREE B's" BACH, BEETHHOVEN & BRAHMS — Page 4 of 6 About The Temecula Valley Symphony: Now in its 26t` Season the Temecula Valley Symphony has been hailed as a leading cultural attraction in the region. Temecula Valley Symphony (formerly known as Inland Valley Symphony) has grown in size and artistic achievement. In 2015 the Symphony was renamed TEMECULA VALLEY SYMPHONY. Temecula Valley Symphony is a 60 member regional symphony that attracts musicians from throughout the Southland and is a mix of professionals and accomplished volunteers who dedicate their time and talent to the Symphony. The majority of the orchestra's musicians both live and work in the Temecula Valley. Additional musicians come from various regions of Southern California including the counties of Riverside, San Bernardino, Los Angeles, Orange and San Diego. To learn more, please visit the website, https://temeculavalleysymyhony.ors, Facebook and Instagram: @TemeculaValleySymphony, Twitter: @TemValleySymphony About The Soloists: Ruslan Biryukov (Pycnax I;xpfoxoB) (Temecula Valley Symphony Principal Cellist and Artist in Residence) was born in Baku, Azerbaijan and now resides in Encino and Temecula, CA. He is the Founder of the Glendale Philharmonic Orchestra, the Los Angeles Cello Quartet and serves as Artistic Director of Positive Motions Concert Series in San Diego, CA. Biryukov has been lauded in the press for his superb artistry, passion and individuality. He was the only cellist ever invited to perform for 10 consecutive seasons in solo recitals at the Sundays Live Concert Series in the Los Angeles County Museum of Art, the longest running live radio broadcasted concert series in the United States. He was also the only Russian cellist invited to solo with an orchestra during the inaugural season of the Renee and Henry Segerstrom Concert Hall in Orange County. Aside from his prolific career as a performer, Ruslan Biryukov is also a master Cello teacher. Over the past 25 years, his students have won over 300 prizes at various competitions worldwide, including the International Your Tchaikovsky Competition (Nathan Le), Stulberg International Competitions, Music Teachers Association of California Competitions and American String Teachers Association competitions. Biryukov's students have performed with major orchestras worldwide, including San Diego Symphony, Redlands Bowl Symphony, La Jolla Symphony, New West Symphony, Armenian State Orchestra and Moscow State Philharmonic, to name a few. Four of Birykov's current Cello students, Justin Wu, Ethan Zhang, Debora Okhotina and Naohiro "Nao" Nadahara were featured in Temeula Valley Symphony's recent concert, "A Touch of Classical. " Learn more at www.celloart.com, www.ruslanconservatory.com, Facebook: @ruslanbiryukov, Instagram: @ruslanmusicart (-more-) Temecula Valley Symphony Presents "THE THREE Bs " BACH, BEETHOVEN & BRAHMS — Page 5 of 6 About The Soloists (Continued): Dr. Zun-Hin Woo (Principal Violinist, Concertmaster and Assistant Conductor for the Temecula Valley Symphony and Conductor of the Temecula Valley Youth Symphony) attended the University of Oklahoma in Norman and obtained his B.M. in Violin Performance and earned his M.M. degree in Orchestral Conducting at the University of Missouri in Columbia. During that time, he also served as the Assistant Conductor of the Columbia Civic Orchestra and the Show Me Opera, conducting operas and musicals in the region. Additionally, he participated in the Pierre Monteux School for Conductors and Orchestral Musicians. As a professional Violinist and Violist, Professor Woo has performed with several orchestras in Asia, including the Hong Kong Virtuosi, Hong Kong Sinfonietta, and the Concerto da Camera. He currently serves as the Conductor of the Hong Kong Chamber Orchestra since 2007. Past collaborations include working with the Sichuan Symphony and the Shenzhen Symphony in China, where he recorded the soundtrack to the movie "Heroic Duo." He has also worked with several organizations in Hong Kong including the Open University, King's College, Hong Kong Medical Association Orchestra, La Salle College, Danse a Lili Ballet Academy, Songsingers Choir, European Folk Legacy Dance Troupe, Hong Kong City Opera, and Wah Yan College, where he also taught conducting courses. A few years ago Zun-Hin moved back to the U.S. with his wife and two sons. Dr. Woo is currently the Assistant Conductor of the Temecula Valley Symphony, while simultaneously holding its Concertmaster position. He recently received his D.M.A. in Conducting at Claremont Graduate University. He is also an Adjunct Professor at Fullerton College, where he conducts the orchestra, and teaches violin and music theory courses. Dr. Woo has worked with the Dana Point Symphony, La Sierra University Symphony, Coachella Valley Symphony, and conducted Tchaikovsky's "The Nutcracker" with the Anaheim Ballet and Montage Dance Theater. He has also participated in several recording sessions in Hollywood, Burbank, and the University of Southern California, both as Conductor and Violinist. He most recently completed recording the soundtrack for the Chinese feature film "Arctic" with the City of Prague Philharmonic Orchestra. Kate Prestia-Schaub (Temecula Valley Symphony Principal Flutist) is an active performing artist, holds degrees from the University of Southern California (MM) and Indiana University (BM), and studied with Jim Walker, Tom Robertello, Kate Lukas, and Maralyn Prestia. The winner of many competitions, Prestia-Schaub currently performs as Principal Flute with the Temecula Valley Symphony, Ekatra, and the West Coast Wind Quintet. She coaches orchestral and chamber music at Idyllwild Arts Academy, and privately at her "K8trills" studio. She was president of MTAC — Temecula Valley, and San Diego Flute Guild; and has served on advisory boards for California Chamber Orchestra and National Flute Association. Her acclaimed recording "Timeless," was released in 2013. (-more-) Temecula Valley Symphony Presents "THE THREE B's" BACH, BEETHHOVEN & BRAHMS — Page 6 of 6 r Y Presents "THE THREE B'S" BACH, BEETHOVEN & BRAHMS Featuring Temecula Valley Symphony and Soloists Under The Baton of Maestro John Mario WHO & WHAT: Temecula Valley Symphony will present "THE THREE B'S,"Bach, Beethoven and Brahms, featuring the full symphony orchestra and soloists under the baton of Maestro John Mario, Music Director and Conductor, with Soloists, Ruslan Biryukov, Cello, Dr. Zun-Hin Woo, Violin and Kate Prestia-Schaub, Flute. The program will include: "Badiniere" from "Orchestral Suite No. 2 in B minor" with Flute Solo, BMV 1067, Movement 7, written by Johann Sebastian Bach; "Symphony No. 7 in A major, Op. 92" written by Ludwig van Beethoven and "Double Concerto in A minor, Op. 102" For Cello, Violin and Orchestra written by Johannes Brahms. WHERE & WHEN: Saturday, April 23, 2022 at 4:00 p.m. at Grace Presbyterian Church, 31143 Nicolas Road, Temecula, CA 92591. HOW: Tickets for the concert are $25 for Adults, $15 for Musicians and Members of Grace Presbyterian Church and Trinity Lutheran Church, both in Temecula, $10 for Students and Free for Children 12 and under. To hear a short sampling of the Temecula Valley Symphony in concert, please visit: httns://youtu.be/5 Oni61KNUo Tickets can be purchased by calling the Temecula Valley Symphony at 951-587-1536 or online at httt)s://temeculavalleysvmyhony.orz For further information, please visit the symphony's website. Free Parking is available at the church. No vaccination cards are required. Social distancing is recommended. It is suggested that guests wear masks. Facebook and Instagram: @TemeculaValleySymphony, Twitter: @TemValleySymphony