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12132022 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title 11]. AGENDA TEMECULA CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA DECEMBER 13, 2022 - 6:00 PM CALL TO ORDER: Mayor Matt Rahn INVOCATION: Minister Dale Wiloughby of Abundant Life Apostolic Community Church FLAG SALUTE: Mayor Matt Rahn ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart PRESENTATIONS - NONE BOARD / COMMISSION REPORTS Community Services Commission and Planning Commission PUBLIC SAFETY REPORT California Department of Forestry and Fire Protection PUBLIC COMMENTS - NON -AGENDA ITEMS A total of 30 minutes is provided for members of the public to address the City Council on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to CouncilComments@temeculaca.gov. Speaker cards for in -person comments will be called in the order received by the City Clerk and then, if time remains, email comments will be read. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten minutes will be devoted to these reports. Page 1 City Council Agenda December 13, 2022 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 November 29, 2022 Recommendation: That the City Council approve the action minutes of November 29, 2022. Attachments: Action Minutes 3. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: Attnehmontc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Agenda Report Resolution List of Demands 4. Approve the Amended Salary Schedule to Include Minimum Wage Adjustments Effective January 1, 2023 Recommendation: That the City Council approve the Amended Salary Schedule to be effective January 1, 2023. Page 2 City Council Agenda December 13, 2022 Attachments: Agenda Report Salary Schedule 5. Adopt Amended and Restated City of Temecula Section 125 Cafeteria Plan and Adoption Agreement Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE AMENDED AND RESTATED CITY OF TEMECULA SECTION 125 CAFETERIA PLAN AND THE AMENDED AND RESTATED SECTION 125 CAFETERIA PLAN ADOPTION AGREEMENT Attachments: Agenda Report RPcnlntinn Cafeteria Plan Document Cafeteria Plan Adoption Agreement 6. Adopt Resolution for Fire Mitigation Assistance Grant [Fairview Fire] GovemingBodX Designating Certain City Officials to Execute Applications and Documents for the Purposes of Obtaining Grant Funding Through the California Governor's Office of Emergency Services Recommendation: That the City Council adopt 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 FOR ANY EXISTING OR FUTURE GRANT PROGRAM INCLUDE, BUT NOT LIMITED TO FEDERALLY DECLARED DISASTER (DR), FIRE MITIGATION ASSISTANCE GRANT (FMAG), CALIFORNIA STATE ONLY DISASTER (CDAA), IMMEDIATE SERVICES PROGRAM (ISP), HAZARD MITIGATION GRANT PROGRAM (HMGP), BUILDING RESILIENT INFRASTRUCTURE AND COMMUNITIES (BRIO), FLOOD MITIGATION ASSISTANCE PROGRAM (FMA), AND NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM (NEHRP) Attachments: Agenda Report Resolution Office of Emergency Services Resolution Page 3 City Council Agenda December 13, 2022 7. Adopt Resolution Approving the Funding Agreement for Removal of Debris Materials with Riverside County Flood Control and Water Conservation District Recommendation Attarhmvntc That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE "FUNDING AGREEMENT - REMOVAL OF DEBRIS MATERIALS" BETWEEN THE CITY OF TEMECULA AND RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND DETERMINING THAT THE AGREEMENT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15061 (13)(3) OF THE CEQA GUIDELINES Agenda Report Resolution Agreement 8. Approve Increase to the Construction Contingency Authorization for the Pavement Rehabilitation Program - Meadowview/Paloma Del Sol Project, PW21-06 Recommendation: That the City Council: 1. Approve an increase to the contingency for construction of the Pavement Rehabilitation Program - Meadowview/Paloma Del Sol Project, PW 21-06 by $200,000; and 2. Increase the City Manager Authority to approve construction contract change orders by $200,000. Attachments: Agenda Report Project Description Project Location Map 9. Authorize the Purchase of Traffic Equipment for the Emergency Vehicle Pre-Emption Upgrade Program, Flashing Beacons & Speed Advisory Signs, and the Traffic Signal 1 Equipment Enhancement Program for the Department of Public Works - Traffic Division Recommendation: That the City Council authorize the purchase of traffic equipment for the Emergency Vehicle Pre-Emption Upgrade Program, Flashing Beacons & Speed Advisory Signs, and the Traffic Signal Equipment Enhancement Program for the Department of Public Works - Traffic Division, in the amount of $600,000. Page 4 City Council Agenda December 13, 2022 Attachments: Agenda Report 10. Approve Parcel Map 37510 (Located Approximately 130 Feet North of the Intersection of Main Street and Puiol Street on the East Side of Puiol Street) Recommendation: That the City Council: 1. Approve Parcel Map 37510 in conformance with the Conditions of Approval; and 2. Approve the Subdivision Improvement Agreement with the developer; and 3. Approve the Subdivision Monumentation Agreement with the developer; and 4. Authorize the City Manager to execute the agreements on behalf of the City. Attachments: Agenda Report Vicinity Map Parcel Map Fees and Securities Report 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 5 City Council Agenda December 13, 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. 11. Approve Action Minutes of November 29, 2022 Recommendation: That the Board of Directors approve the action minutes of November 29, 2022. Attachments: Action Minutes CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTOR REPORTS Page 6 City Council Agenda December 13, 2022 CSD ADJOURNMENT The next regular meeting of the Temecula Community Services District will be held on Tuesday, January 10, 2023, 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 7 City Council Agenda December 13, 2022 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY CALL TO ORDER: Chair Matt Rahn ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart SARDA PUBLIC COMMENTS - NON -AGENDA ITEMS A total of 30 minutes is provided for members of the public to address the Board of Directors on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk 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. SARDA CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the Successor Agency to the Redevelopment Agency request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk 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. 12. Approve Action Minutes of November 29, 2022 Recommendation: That the Board of Directors approve the action minutes of November 29, 2022. Attachments: Action Minutes 13. Approve Recognized Obligation Payment Schedule and Administrative Budget for the Period of July 1, 2023 Through June 30, 2024 (ROPS 23-24) Recommendation: That the Board of Directors adopt resolutions entitled: RESOLUTION NO. SARDA A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT Page 8 City Council Agenda December 13, 2022 AGENCY APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD OF JULY 1, 2023 THROUGH JUNE 30, 2024 PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH RESOLUTION NO. SARDA A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE PROPOSED ADMINISTRATIVE BUDGET PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH Attachments: Agenda Report Resolution - ROPS Exhibit A - ROPS Resolution - Budget Exhibit A - Budget SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTOR REPORTS SARDA ADJOURNMENT The next regular meeting of the Successor Agency to the Redevelopment Agency will be held on Tuesday, January 10, 2023, 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 9 City Council Agenda December 13, 2022 TEMECULA HOUSING AUTHORITY - NO MEETING TEMECULA PUBLIC FINANCING AUTHORITY - NO MEETING JOINT MEETING - CITY COUNCIL / TEMECULA PUBLIC FINANCING AUTHORITY CITY COUNCIL / TPFA BUSINESS 14. Approve the Debt/Liability Paydown Strategy (At the Request of Subcommittee Members Mayor Rahn and Council Member Edwards) Recommendation That the City Council/Board of Directors: 1. Adopt the Amended Budget and Fiscal Policies to include the Debt/Liability Paydown Strategy Policy; and 2. Adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE PREPAYMENT OF FINANCING LEASE AGREEMENTS ENTERED INTO BY THE CITY OF TEMECULA IN 2011 AND 2018 RELATING TO THE FINANCING AND REFINANCING OF CAPITAL PROJECTS FOR THE CITY AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO 3. Adopt a resolution entitled: RESOLUTION TPFA NO. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY APPROVING THE PREPAYMENT OF FINANCING LEASE AGREEMENTS ENTERED INTO BY THE CITY OF TEMECULA IN 2011 AND 2018 RELATING TO THE FINANCING AND REFINANCING OF CAPITAL PROJECTS FOR THE CITY AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO 4. Adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Page 10 City Council Agenda December 13, 2022 TEMECULA, AUTHORIZING THE TRANSFER OF $5,000,000 FROM THE CITY'S PENSION RATE STABILIZATION TRUST TO MAKE AN ADDITIONAL DISCRETIONARY PAYMENT TO CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM 5. Appropriate $19,913,606 in Available General Fund Balance to pay off the Civic Center Loan ($12,624,607), the Margarita Recreation Center Loan ($5,038,999) and pay an Additional Discretionary Payment to CalPERS for the City's Unfunded Liability ($2,250,000); and 6. Appropriate $5,000,000 in Available Pension Trust Funds to pay an Additional Discretionary Payment to Ca1PERS for the City's Unfunded Liability. Attachments: Agenda Report Amendment City Resolution - Facility Debt Pam TPFA Resolution - Facility Debt Pam City Resolution - Trust Withdrawal CITY COUNCIL / TPFA ADJOURNMENT Page 11 City Council Agenda December 13, 2022 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of a project at the time of the hearing. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at or prior to the public hearing. For public hearings each speaker is limited to 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be read aloud into the record at the meeting. Email comments must be submitted to CouncilComments@temeculaca.gov. Email comments on all matters, including those not on the agenda, must be received prior to the time the item is called for public comments. At public hearings involving land use matters, the property owner and/or applicant has the burden of proof and, therefore, shall be allowed 15 minutes for an initial presentation, and an additional 10 minutes for rebuttal by its development team following other comments on the matter. An appellant, other than the property owner and/or applicant, and the spokesperson for an organized group of residents residing within the noticed area of the property, which is the subject of the public hearing, shall be allowed 15 minutes to present the appellant's position to the Council. The Mayor may allow more time if required to provide due process for the property owner, applicant or appellant. All other members of the public may speak during the public hearing for a maximum period of 5 minutes each. Deferral of one speaker's time to another is not permitted. In the event of a large number of speakers, the Mayor may reduce the maximum time limit for members of the public to speak. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 15. Approve Second Amendment to the Development Agreement By and Between the City of Temecula and Lennar Homes, Inc., a California Corporation and Winchester Hills I LLC, a California Limited Liability Company (Planning Application No. PA21-0128) Recommendation That the City Council conduct a public hearing and approve a second amendment to the development agreement by and between the City of Temecula and Lennar Homes, Inc., a California Corporation and Winchester Hills I LLC, a California Limited Liability Company (Planning Application No. PA21-0128) and introduce and read by title only an ordinance entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND LENNAR HOMES, INC., A CALIFORNIA CORPORATION AND WINCHESTER HILLS I LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PLANNING APPLICATION NO. PA21-0128) Page 12 City Council Agenda December 13, 2022 Attachments: Agenda Report Aerial Map Ordinance Exhibit A Planning Commission Resolution No. 2022-35 Notice of Exemption Notice of Public Hearing 16. Receive and File Assembly Bill (AB) 1600 Financial Reports - Fiscal Year 2021-22 Development Impact Fee Expenditures Recommendation: That the City Council conduct a public hearing and receive and file Assembly Bill (AB) 1600 Financial Reports - Fiscal Year 2021-22 Development Impact Fee Expenditures. Attachments: Agenda Report Summary of Development Impact Fees AB 1600 Reports Notice of Public Hearing 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. 17. Receive Status Update and Provide Final Direction on the Public Recognitions Policy At the Request of Subcommittee Members Alexander and Stewart) Recommendation: That the City Council receive a status update and provide final direction on the City's Public Recognition Policy. Attachments: Agenda Report 18. Approve Amendment No. 5 to City Manager Aaron Adams' Employment Agreement Recommendation: That the City Council approve Amendment No. 5 to City Manager Aaron Adams' Employment Agreement. Attachments: Agenda Report Amendment No. 5 Orieinal Aereements and Amendments No. 1 thru 4 Page 13 City Council Agenda December 13, 2022 19. 20. Accept the November 8, 2022 General Municipal Election Declaration of Results and Conduct Swearing -In CeremonX Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW Attachments: Agenda Report Resolution Exhibit A Appoint the Mayor, Mayor Pro Tempore, President, Vice -President for Calendar Year 2023 Recommendation: That the City Council/Board of Directors: 1. Appoint the Mayor and Mayor Pro Tempore, effective January 1, 2023, to serve in this capacity until December 31, 2023; and 2. Appoint the President and Vice -President, effective January 1, 2023 to serve in this capacity until December 31, 2023. 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. CITY MANAGER REPORT CITY ATTORNEY REPORT Page 14 City Council Agenda December 13, 2022 ADJOURNMENT The next regular meeting of the City Council will be held on Tuesday, January 10, 2023, 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 15 Item No. 1 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: December 13, 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 ADJOURNED MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA NOVEMBER 29, 2022 - 6:00 PM CLOSED SESSION - 4:30 PM CONFERENCE WITH LEGAL COUNSEL — REAL PROPERTY NEGOTIATIONS. The City Council convened in closed session pursuant to Government Code Section 54956.8 regarding the acquisition of certain property interests, including certain permanent maintenance and access easements, temporary construction easements with a term of twelve months, covenants for construction of certain permanent improvements, and a conservation easement on four properties described below in connection with the proposed extension of Nicolas Road from its current termination at Calle Girasol easterly to Butterfield Stage Road, Project Number LD20-1114 ("Project"). Negotiators for the City are Patrick Thomas and Ron Moreno. The negotiators for the respective real property interests are set forth below. (i) The acquisition of certain property interests from the real property located at 31249 Indian Summer Drive in the City of Temecula (APN 957-090-022). Specifically, the City seeks to acquire an approximate 83,324 square foot temporary construction easement with a term of 12 months, covenant authorizing the construction of certain permanent improvements in portions of that 83,324 square foot area, and an approximate 51,003 square foot conservation easement. The negotiating parties are the City of Temecula and the property owners Lam Ngo and Huyen Lam Tran. Under negotiations are price and terms of the acquisition of these property interests. (ii) The acquisition of certain property interests from the real property located at 39622 Leifer Road in the City of Temecula (APN 957-090-023). Specifically, the City seeks to acquire an approximate 31,168 square foot temporary construction easement with a term of 12 months, covenant authorizing the construction of certain permanent improvements in portions of that 31,168 square foot area. The negotiating parties are the City of Temecula and the property owners Isaac G. Navejar and Isabel L. Navejar, as Co -Trustees of the Navejar Living Trust, U/A dated July 18, 2019. Under negotiations are price and terms of the acquisition of these property interests. (iii) The acquisition of certain property interests from the real property located at 31270 Tommy Lane in the City of Temecula (APN 957-150-005). Specifically, the City seeks to acquire an approximate 31,520 square foot temporary construction easement with a term of 12 months and an approximate 26,957 square foot permanent maintenance and access easement. The negotiating parties are the City of Temecula and the property owners Jose Leonardo Garcia and Mayerling Alida Monteros-Garcia. Under negotiations are price and terms of the acquisition of these property interests. (iv) The acquisition of certain property interests from the real property located at 39280 Deputy Road in the City of Temecula (APN 957-090-019). Specifically, the City seeks to acquire an approximate 29,630 square foot temporary construction easement with a term of 12 months, covenant authorizing the construction of certain permanent improvements in portions of that 29,630 square foot area, an approximate 16,956 square foot permanent maintenance and access easement, and a approximate 648.59 SF public utility easement in favor of SCE. The negotiating parties are the City of Temecula and the property owners Sohan Singh and Kuldip Kaur Singh. Under negotiations are price and terms of the acquisition of these property interests. CITY MANAGER ANNUAL PERFORMANCE EVALUATION. The City Council convened in closed session pursuant to Government Code Sections 54957 and 54957.6 to evaluate the performance of the City Manager and establish goals and performance objectives for the next year as required by the City Manager's Employment Agreement. Pursuant to Government Code Section 94957.6 the Council will also meet with its designated representatives, Mayor Matt Rahn, Mayor Pro Tern Schwank and City Attorney Peter Thorson, to provide direction to the designated representatives concerning the negotiation of salary, compensation and/or benefits for the unrepresented employee position of City Manager. Any changes to the City Manager's Employment Agreement would only be taken at a regularly scheduled open and public meeting of the City Council. CONFERENCE WITH LEGAL COUNSEL — POTENTIAL LITIGATION. The City Council convened in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(4) with respect to three matters of potential litigation. A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City. Based on existing facts and circumstances, the City Council will decide whether to initiate litigation. CALL TO ORDER at 6:00 PM: Mayor Matt Rahn INVOCATION: Chaplain Themba M. Mzizi of Riverside County Sheriffs Department FLAG SALUTE: Council Member Maryann Edwards ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart PRESENTATIONS Certificate of Recognition for Bryon Lively of Temecula Valley Veterans of Foreign Wars Proclamation for Kimberly Adams, Former Executive Director of Visit Temecula Valley BOARD / COMMISSION REPORTS Community Services Commission, Planning Commission and Race, Equity, Diversity and Inclusion Commission PUBLIC SAFETY REPORT Riverside County Sheriffs Department PUBLIC COMMENTS - NON -AGENDA ITEMS The following individual(s) addressed the City Council: • Gillian Larson • Bryant Rumbaugh CITY COUNCIL REPORTS 2 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 Schwank. The vote reflected unanimous approval. 1. Waive Reading of Standard Ordinances and Resolutions 2. 3 4. 5. 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. Approve Action Minutes of November 15, 2022 Recommendation: That the City Council approve the action minutes of November 15, 2022. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2022-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Approve Financial Statements for the 4th Quarter Ended June 30, 2022 Recommendation: That the City Council: 1. Receive and file the financial statements for the 4th quarter ended June 30, 2022; and 2. Approve the following Fiscal Year 2021-22 appropriations: a. City Manager Salaries & Wages (001.110.999.5100) $80,000 b. City Attorney Legal Services (001.130.999.5246) $80,000 c. Operating Transfer Into General Fund (001.199.4090) $84,681 d. Operating Transfer Out from SLESF Fund (160.199.999.5901) $84,681 e. Insurance Fund Claims (300.199.999.5207) $93,000 f. Facilities Fund Utilities (340.199.706.5240) $83,000 3. Appropriate $2,000,000 of the year-end General Fund surplus to the Pension Trust (PARS), in accordance with Budget Policy XII in Fiscal Year 2022-23. Approve Agreement for Minor Maintenance Services with Lawnscape Systems, Inc., for Weed Abatement Maintenance Services for Fiscal Years 2023-2027 Recommendation: That the City Council approve an agreement for minor maintenance services with Lawnscape Systems, Inc., for weed abatement maintenance services for Fiscal Years 2023-2027, in the amount of $1,250,000. 6. Award Construction Contract to Makelele Systems Landscape & Maintenance Inc. for the Recycled Water Accelerated Retrofit Program, Project No. PW21-04 Recommendation: That the City Council: 1. Award a construction contract to Makelele Systems Landscape & Maintenance Inc., in the amount of $89,120 for the Recycled Water Accelerated Retrofit Program, Project No. PW21-04; and 2. Authorize the City Manager to approve construction change orders up to $8,912, which is equal to 10% of the Contract amount; and 3. Make a finding that the Recycled Water Accelerated Retrofit Program, Project No. PW21-04 is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 7. Approve License Agreement for Use of Real Property Right of Entry and Access Agreement for City Owned Land Located at Assessor's Parcel No. 910-262-061 Between Greystar, LP and City of Temecula Recommendation: That the City Council approve and execute the license agreement for use of real property right of entry and access agreement for the land located at Assessor's Parcel No. 910-262-061 between Greystar, LP and City of Temecula. 8. Approve Third Amendment to Agreement with Mark Thomas & Company, Inc. for I-15 Congestion Relief Project, PW19-02 Recommendation: That the City Council: 1. Approve the third amendment to the agreement with Mark Thomas & Company, Inc., in the amount of $100,000, for additional contingency in support of the professional design and environmental services for the I-15 Congestion Relief Project, PW19-02; and 2. Increase the City Manager's authority to approve extra work authorizations by the same amount. 9. Approve Second Amendment to Disposition and Development Agreement with Alitra, LLC for Disposition of Property Located on Corner of Rancho California Road and Diaz Road (APN: 951-021-089) and Portion of Diaz Road Recommendation: That the City Council approve the second amendment to the disposition and development agreement with Alitra, LLC, for the disposition and hotel development of the property located on the corner of Rancho California Road and Diaz Road (APN: 951-021-089) and a portion of Diaz Road. RECESS: At 9:40 PM, the City Council recessed and convened as the Temecula Community Services District Meeting and Successor Agency to the Temecula Redevelopment Agency. At 9:43 PM the City Council resumed with the remainder of the City Council Agenda. TEMECULA HOUSING AUTHORITY - NO MEETING TEMECULA PUBLIC FINANCING AUTHORITY - NO MEETING RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 14. Approve Amendment to the Old Town Specific Plan to Revise Certain Development Standards and Land Use Standards Recommendation: That the City Council adopt resolutions entitled: RESOLUTION NO. 2022-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING ADDENDUM NO. 2 TO THE OLD TOWN SPECIFIC PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT (SCH NO. 2009071049) RESOLUTION NO. 2022-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AMENDMENT NO. 10 TO THE OLD TOWN SPECIFIC PLAN (SP-5) (LONG RANGE PROJECT NO. LR21-0279) Approved the Staff Recommendation (5-0): Motion by Stewart, Second by Alexander. The vote reflected unanimous approval. 15. Approve Third Amendment to the Disposition and Development Agreement for Vine Creek Apartments Affordable Housing Development Between the City of Temecula, as Housing Successor to the Former Temecula Redevelopment Agency, and Temecula Pacific Associates Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2022-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 5 TEMECULA, ACTING IN ITS CAPACITY AS THE HOUSING SUCCESSOR AND IN ITS CAPACITY AS THE CITY APPROVING A THIRD AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH TEMECULA PACIFIC ASSOCIATES, FOR THE "VINE CREEK" 60 UNIT APARTMENT PROJECT Approved the Staff Recommendation (5-0): Motion by Stewart, Second by Alexander. The vote reflected unanimous approval. BUSINESS 16. Appoint Members to the Community Services, Planning, Public/Traffic Safety and Race, Equity, Diversity and Inclusion Commissions Recommendation: That the City Council appoint members to the Community Services, Planning, Public/Traffic Safety and Race, Equity, Diversity and Inclusion Commissions. Approved the Staff Recommendation (5-0): Motion by Schwank, Second by Edwards to appoint Ernest Castro and Jeff Kingsberg to the Community Services Commission; Gary Watts and Fernando Solis to the Planning Commission; James "J.R." Richardson and Bradley Sullivan to the Public/Traffic Safety Commission; Stacia Deutsch, Crystal Pastorian and Jackie Steed to the Race, Equity, Diversity and Inclusion Commission. The vote reflected unanimous approval. 17. Receive Presentation on the City's Fiscal Strategy Update (At the Request of Subcommittee Members Mavor Rahn and Council Member Edwards) Recommendation: That the City Council receive the presentation on the City's Fiscal Strategy Update and discuss the conceptual strategy related to the paydown of the City's debt and unfunded liabilities. Approved the Staff Recommendation (5-0): Motion by Edwards, Second by Alexander. The vote reflected unanimous approval. DEPARTMENTAL REPORTS (RECEIVE AND FILE) 18. Community Development Department Monthly Report 19. Fire Department Monthly Report 20. Public Works Department Monthly Report ITEMS FOR FUTURE CITY COUNCIL AGENDAS CITY MANAGER REPORT 6 CITY ATTORNEY REPORT The City Attorney stated there was no reportable actions from closed session. ADJOURNMENT At 10:46 PM, the City Council meeting was formally adjourned to Tuesday, December 13, 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: December 13, 2022 SUBJECT: Approve List of Demands PREPARED BY: Pam Espinoza, Accounting Technician II RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. ATTACHMENTS: 1. Resolution 2. List of Demands RESOLUTION NO.2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $ 4,156,059.84. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of December, 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 13th day of December, 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 11/15/2022 TOTAL CHECK RUN: $ 913,289.25 11/17/2022 TOTAL CHECK RUN: 270,770.80 11/18/2022 TOTAL CHECK RUN: 6,326.52 11/22/2022 TOTAL CHECK RUN: 2,116,530.68 11/23/2022 TOTAL PAYROLL RUN: 651,025.46 12/01/2022 TOTAL PAYROLL RUN: 198,117.13 TOTAL LIST OF DEMANDS FOR 12/13/2022 COUNCIL MEETING: $ 4,156,059.84 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND 762,337.54 165 RDA DEV-LOW/MOD SET ASIDE 5,268.91 170 MEASURE A FUND 1,022,732.48 190 COMMUNITY SERVICES DISTRICT 183,055.03 196 TCSD SERVICE LEVEL "L" PARK MAINT. 13,813.57 197 TEMECULA LIBRARY FUND 4,744.80 210 CAPITAL IMPROVEMENT PROJECT FUND 1,122,273.05 300 INSURANCE FUND 26,586.75 305 WORKER'S COMPENSATION 1,250.00 320 INFORMATION TECHNOLOGY 60,377.07 325 TECHNOLOGY REPLACEMENT FUND 8,903.76 330 SUPPORT SERVICES 695.32 340 FACILITIES 15,467.50 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 1,711.77 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,711.77 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 1,711.77 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 1,711.77 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 1,711.77 478 CFD 16-01 RORIPAUGH PHASE II 1,711.77 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 2,163.00 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 1,493.50 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLAND 2,176.80 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 300.42 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 1,657.71 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 772.50 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 515.00 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 6,792.52 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 77.25 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 257.50 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 206.80 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 4,936.84 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP 1,685.14 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 463.50 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATE 412.00 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 978.50 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 72.95 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 3,914.00 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 2,575.00 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 5,836.51 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 12,904.08 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 167.38 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 231.75 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 6,767.76 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 1,802.50 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 64.38 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 257.50 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 9,555.08 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 102.98 $ 3,306,917.25 PAYROLL: 001 GENERAL FUND 110 RANCHO CALIF ROAD REIMB DIST 140 COMMUNITY DEV BLOCK GRANT 165 AFFORDABLE HOUSING 190 TEMECULA COMMUNITY SERVICES DISTRICT 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 197 TEMECULA LIBRARY FUND 300 INSURANCE FUND 305 WORKERS' COMPENSATION 320 INFORMATION TECHNOLOGY 330 SUPPORT SERVICES 340 FACILITIES TOTAL BY FUND: 501,783.97 428.65 879.89 7,822.60 239,118.09 1,769.24 358.35 6,112.53 3,732.56 3,732.63 65,053.43 4,588.43 13,762.22 $ 849,142.59 4,156,059.84 apChkLst Final Check List Page: 1 11/15/2022 1:29:07PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor Description Amount Paid Check Total 503437 11/17/2022 020724 79 FIELD HOCKEY INC TCSD INSTRUCTOR EARNINGS 3,150.00 3,150.00 503438 11/17/2022 016450 AIR EXCHANGE INC PLYMOVENT MAINT: STA84 1,138.44 1,138.44 503439 11/17/2022 009374 ALLEGRO MUSICAL VENTURES PIANO TUNING/MAINT: MUSEUM: 280.00 DBA, ALLEGRO PIANO TCSD SERVICE PIANO TUNING/MAINT: THEATER 1,740.00 PIANO TUNING/MAINT: THEATER 280.00 2,300.00 503440 11/17/2022 013015 ALWAYS RELIABLE BACKFLOW TEST: VARI PARKS: PW 891.00 BACKFLOW, AKA NANETTE SEMAN BACKFLOW REPAIRS: VARI PARKS: 1,547.00 BACKFLOW TEST: VARI PARKS: PW 54.00 2,492.00 503441 11/17/2022 007282 AMAZON CAPITAL SERVICES MISC SUPPLIES: TVM: TCSD 338.79 INC MISC SUPPLIES: CHIEF/BC: FIRE DE 259.91 MISC OFC SUPPLIES: HR 141.65 MISC OFC SUPPLILES: HR 74.32 REC SUPPLIES: CRC: TCSD 137.57 MISC SUPPLIES: AQUATICS TCSD -14.58 MISC BOOKS: RHRTPL: TCSD -8.81 KITCHEN SUPPLIES: FIRE STA 95 -97.82 MISC OFC SUPPLIES: CITY MGR 55.87 REC SUPPLIES: CRC: TCSD 123.28 MISC OFC SUPPLIES: INFO TECH 51.30 MISC SUPPLIES: TVM: TCSD 58.69 MISC SUPPLIES: TVM: TCSD -97.86 MISC OFC SUPPLIES: HR 121.67 MISC BOOKS: RHRTPL: TCSD 85.12 MISC OFC SUPPLIES: FIRE 19.46 MISC OFC SUPPLIES: THEATER: TC 183.32 MISC BOOKS: RHRTPL: TCSD 461.66 MISC SUPPLIES: TVM: TCSD 68.49 MISC OFC SUPPLIES: STREET MAIN 62.87 MISC OFC SUPPLIES: TVE2 20.08 SPORTS EQUIPMENT: TCSD 97.80 2,142.78 503442 11/17/2022 004240 AMERICAN FORENSIC NURSES DRUG/ALCOHOL ANALYSIS: TEM 95.90 AFN SHERIFF DRUG/ALCOHOL ANALYSIS: TEM SF 248.04 343.94 503443 11/17/2022 000936 AMERICAN RED CROSS, STAFF/LIFEGUARDS CERTS: 299.25 299.25 HEALTH AND SAFETY SVCS AQUATICS Page:1 apChkLst Final Check List Page: 2 11/15/2022 1:29:07PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description 503444 11/17/2022 013950 AQUA CHILL OF SAN DIEGO OCT DRINKING WTR SYS MAINT: MUSEUM NOV DRINKING WTR SYS MAINT: TF OCT DRINKING WTR SYS MAINT: JR NOV DRINKING WTR SYS MAINT: MI NOV DRINKING WTR SYS MAINT: Cl NOV DRINKING WTR SYS MAINT: F( NOV DRINKING WATER SYS MAINT: NOV DRINKING WTR SYS MAINT: HI NOV DRINKING WTR SYS MAINT: T( NOV DRINKING WTR SYS MAINT: LII NOV DRINKING WTR SYS MAINT: TF NOV DRINKING WTR SYS MAINT: SF NOV DRINKING WTR SYS MAINT: FP 503445 11/17/2022 021400 AYERS ELECTRIC INC ELECTRICAL MAINT SVCS: RRSP 503446 11/17/2022 018941 AZTEC LANDSCAPING INC OCT RESTROOM MAINT: PARKS: PW 503447 11/17/2022 018408 BOB CALLAHAN'S POOL NOV POOL MAINT: CRC & TES SERVICE NOV POOL MAINT: OLD TOWN FOUr 503448 11/17/2022 022651 BRAND ASSASSINS MILITARY BANNER PROGRAM: TCSD 503449 11/17/2022 021588 BRAUN PETER, DBA NOV PLANTSCAPE SVC: LIBRARY TEMECULA PLANTSCAPE NOV PLANTSCAPE SVC: CIVIC CTR 503450 11/17/2022 022670 BROWN, JAMAL DEON, DBA TCSD INSTRUCTOR EARNINGS JDB TRAINING 503451 11/17/2022 021502 BUCHER, BRET PHILLIP TCSD INSTRUCTOR EARNINGS 503452 11/17/2022 004248 CALIF DEPT OF JUSTICE-ACCTING 503453 11/17/2022 004462 CDW LLC, DBA CDW GOVERNMENT LLC 503454 11/17/2022 022790 CLEARSTAR INC 503455 11/17/2022 010650 CRAFTSMEN PLUMBING & HVAC INC SEP FINGERPRINTING SVCS: VOLUNTEERS:TCS SEP FINGERPRINTING SVCS: HR REPLACEMENT MONITORS: INFO TECH MISC SMALL TOOLS & EQUIP: INFO PRE -EMPLOYMENT SCREENINGS: HR PRE -EMPLOYMENT SCREENINGS: F PLUMBING REPAIR: STA84: FIRE PLUMBING REPAIR: STA 84: FIRE PLUMBING REPAIRS: MPSC Amount Paid 28.28 28.28 28.55 35.89 213.97 28.28 28.28 28.28 28.28 28.28 28.55 69.60 29.09 1,400.00 9,098.22 1,100.00 950.00 155.21 200.00 500.00 3,486.00 1,357.13 309.00 196.00 4,105.14 502.61 238.10 218.07 320.00 85.00 410.00 Check Total 603.61 1,400.00 9,098.22 2,050.00 155.21 700.00 3,486.00 1,357.13 505.00 4,607.75 456.17 815.00 Paget apChkLst 11/15/2022 1:29:07PM Final Check List CITY OF TEMECULA Page: 3 Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 503456 11/17/2022 001393 DATATICKET INC, DBA SEP CITATIONS PROCESSING: POLICE 1,068.36 1,068.36 REVENUE EXPERTS 503457 11/17/2022 020648 DG INVESTMENT HOLDINGS 2 MAINT & REPAIR OF SECURITY 550.00 INC, CONVERGINT SYSTEM: IT TECHNOLOGIES MAINT & REPAIR OF SECURITY SYS 550.00 MAINT & REPAIR OF SECURITY SYS 720.00 CAMERAS & ACCESS CTRL: PD STC 21,249.00 RECABLING CRC: CIP 8,767.80 31,836.80 503458 11/17/2022 019720 DIVERSIFIED WATERSCAPES OCT WTR QUALITY MAINT: DUCK 7,430.00 7,430.00 INC POND/HARV 503459 11/17/2022 018247 DOKKEN ENGINEERING DSGN SVCS: MURRIETA CRK IMPROV 4,300.00 4,300.00 503460 11/17/2022 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: FIRE DEPT 235.13 FUEL FOR CITY VEHICLES: LAND DI 131.40 FUEL FOR CITY VEHICLES: PARKS: 2,274.89 FUEL FOR CITY VEHICLES: TCSD 292.85 FUEL FOR CITY VEHICLES: STREET 1,377.40 FUEL FOR CITY VEHICLES: TRAFFIC 424.10 FUEL FOR CITY VEHICLES: TCSD 477.14 5,212.91 503461 11/17/2022 018098 ELITE CLAIMS MANAGEMENT OCT'22 3RD PARTY CLAIMADMIN:WC 1,250.00 1,250.00 INC 503462 11/17/2022 020921 EMPLOYEE #00539 REIMB: DRY CLEANING TABLE 86.40 86.40 CLOTHS: HR 503463 11/17/2022 021365 GEORGE HILLS COMPANY INC OCT CLAIMS ADMINISTRATION: HR 2,849.30 2,849.30 503464 11/17/2022 020628 HASA INC POOL SANITIZING CHEMICALS: VARI 1,181.37 1,181.37 POOLS 503465 11/17/2022 001135 HEALTHPOINTE MEDICAL MEDICAL SCREENINGS: HR 50.00 50.00 GROUP INC, DBA: FIRST CARE INDUSTRIA 503466 11/17/2022 022530 HINER, DOUGLAS, DOUGLAS ADULT SOFTBALL OFFICIATING SVCS: 3,402.00 3,402.00 HINER UMPIRING SPORTS 503467 11/17/2022 022056 IDETAIL SUPPLY CO ENGINE MAINT SUPPLIES: FIRE STA 95 244.21 244.21 503468 11/17/2022 012883 JACOB'S HOUSE INC EMPLOYEE CHARITY DONATIONS 40.00 40.00 PAYMENT Page:3 apChkLst Final Check List Page: 4 11/15/2022 1:29:07PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 503469 11/17/2022 013127 JEFFREY STOVER ONSTAGE, TEM PRESENTS: ONSTAGE MUSICALS 3,143.00 3,143.00 MUSICALS 503470 11/17/2022 010204 M T G L INC INSPECT & TESTING SVCS: PAV'T 4,730.00 4,730.00 REHAB: CIP 503471 11/17/2022 021370 MARK THOMAS AND COMPANY DSGN & ENVIRO SVC: CONG RELIEF 1,185.00 INC PW 19-02 DSGN & ENVIRO SVC: CONG RELIEI 19,693.00 20,878.00 503472 11/17/2022 020907 MICHELLE MEDINA, DBA TCSD INSTRUCTOR EARNINGS 1,925.00 1,925.00 MICHELLE Q MEDINA 503473 11/17/2022 013443 MIDWEST TAPE LLC BOOKS ON TAPE: LIBRARY 44.69 BOOKS ON TAPE: LIBRARY 86.99 131.68 503474 11/17/2022 004951 MIKE'S PRECISION WELDING WELDING SVC: WEST WING: PW 6,290.00 INC WELDING SVCS: PARKS: PW 200.00 6,490.00 503475 11/17/2022 012264 MIRANDA, JULIO C TCSD INSTRUCTOR EARNINGS 1,986.60 1,986.60 503476 11/17/2022 004043 MISSION ELECTRIC SUPPLY ELECTRICAL SUPPLIES: TVE2 180.26 INC ELECTRICAL SUPPLIES: TCC 336.36 ELECTRICAL SUPPLIES: CIVIC CTR 79.93 ELECTRICAL SUPPLIES: PARKS: PV\ 44.61 ELECTRICAL SUPPLIES: LIBRARY 35.57 MISC ELECTRICAL SUPPLIES: TVE2 177.15 ELECTRICAL SUPPLIES: FRIENDSHI 45.89 ELECTRICAL SUPPLIES: TVE2 290.60 ELECTRICAL SUPPLIES: THEATER 81.15 1,271.52 503477 11/17/2022 002925 NAPAAUTO PARTS AUTO PARTS: STREET MAINT: PW 62.35 AUTO PARTS & MISC SUPPLIES: FIF 314.27 376.62 Page:4 apChkLst Final Check List Page: 5 11/15/2022 1:29:07PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor (Continued) Description Amount Paid Check Total 503479 11/17/2022 022599 NIEVES LANDSCAPE INC OCT LDSCP MAINT SVCS: PARKS: PW 78,180.30 TURF REPLACEMENT: P-06 RIVERT, 87,702.00 OCT LDSCP MAINT SVCS: PW PARK 57,628.50 OCT LDSCP MAINT SVCS: PW MEDI, 20,836.90 SEP LDSCP MAINT SVCS: SLOPES: 60,309.58 SEP LDSCP MAINT SVCS: FACS: PVC 10,454.50 IRRIGATION REPAIRS: HARVESTON 163.16 IRRIGATION REPAIRS: RANCHO HIG 270.85 IRRIGATION REPAIRS: RRSP 430.00 IRRIGATION REPAIRS: SERENA HILL 237.33 IRRIGATION REPAIRS: HARVESTON 350.42 IRRIGATION REPAIR: S-21 VAIL RAN 462.53 IRRIGATION REPAIRS: SIGNET SERI 112.71 IRRIGATION REPAIRS: SAM HICKS F 102.22 IRRIGATION REPAIRS: VAIL RANCH 455.38 IRRIGATION REPAIRS: NICOLAS PAF 417.52 IRRIGATION REPAIRS: HARVESTON 289.41 SEPT LDSCP MAINT SVCS: PW PAR 57,628.50 SEP LDSCP MAINT SVCS: MEDIANS 20,836.90 IRRIGATION REPAIRS: MEADOWVIE 142.42 IRRIGATION REPAIRS: VAIL RANCH 254.23 IRRIGATION REPAIRS: MEDIANS: PV 142.42 IRRIGATION REPAIRS: MEDIANS: PV 122.29 IRRIGATION REPAIRS: RRSP 112.71 IRRIGATION REPAIRS: RRSP 463.93 IRRIGATION REPAIR: S-08G VILLAGE 556.97 IRRIGATION REPAIR: VINTAGE HILL: 410.48 IRRIGATION REPAIR: SP-03: RANCH 2O6.45 IRRIGATION REPAIR: S-13 C PRESLI 113.73 IRRIGATION REPAIR: VINTAGE HILL: 586.62 IRRIGATION REPAIRS: HARVESTON 136.14 IRRIGATION REPAIRS: HARVESTON 142.41 IRRIGATION REPAIRS: VAIL RANCH 403.00 IRRIGATION REPAIRS: HARVESTON 335.74 IRRIGATION REPAIRS: HARVESTON 346.06 IRRIGATION REPAIRS: HARVESTON 142.41 IRRIGATION REPAIRS: RRSP 141.55 IRRIGATION REPAIRS: PRESLEY 386.91 IRRIGATION REPAIR: S-21 VAIL RAN 286.54 IRRIGATION REPAIRS: VAIL RANCH 352.43 IRRIGATION REPAIRS: RIVERTON Pi 136.14 SEPT LDSCP MAINT SVCS: PW PAR 78,180.30 SEP LDSCP MAINT SVCS: I-15/79 S: 6,977.00 503480 11/17/2022 014173 NPG INC DBA, GOLDSTAR PARKING LOT CRACK FILL: DUCK 9,790.00 ASPHALT PRODUCTS POND:PW 487,947.59 9.790.00 Page:5 apChkLst Final Check List Page: 6 11/15/2022 1:29:07PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor 503481 11/17/2022 009337 NV5INC (Continued) Description SEP PROJECT MGT SVCS: MRC, P W 17-21 503482 11/17/2022 021998 OLD TOWN TIRE AND SERVICE VEHICLE REPAIRS: PARKS MAINT: PW INC VEHICLE REPAIRS: PARKS: PW VEHICLE MAINT: MPSC: TCSD VEHICLE REPAIRS: PARKS: PW VEHICLE REPAIRS: PARKS: PW VEHICLE REPAIRS: PARKS: PW VEHICLE REPAIRS: PARKS MAINT: F VEHICLE REPAIRS: PARKS MAINT: F CITY VEHICLE MAINT: PREVENTION VEHICLE MAINT: PW PARKS VEHICLE REPAIRS: PARKS MAINT: F VEHICLE REPAIRS: PARKS: PW VEHICLE MAINT: PARK RANGERS: F VEHICLE REPAIRS: PARKS MAINT: F 503483 11/17/2022 012904 PROACTIVE FIRE DESIGN OCT PLAN REVIEW SVCS: FIRE PREV AND, CONSULTING 503484 11/17/2022 005075 PRUDENTIAL OVERALL SUPPLY 503485 11/17/2022 022537 REFRIGERATION SUPPLIES, DISTRIBUTOR FLOOR MATS/TOWEL RENTALS: JRC UNIFORM SVCS: STREET MAINT: P� UNIFORM SVCS: PARK MAINT: PW FLOOR MATS/TOWEL RENTALS: SEI FLOOR MATS/TOWEL RENTALS: FO, FLOOR MATS/TOWEL RENTALS: JR( FLOOR MATS/TOWEL RENTALS: JR( MISC HVAC SUPPLIES: LIBRARY MISC HVAC SUPPLIES: CIVIC CENT[ MISC HVAC SUPPLIES: HISTORY Ml MISC HVAC SUPPLIES: CIVIC CENT[ HVAC SUPPLIES: PD STOREFRONT MISC HVAC SUPPLIES: PRKG GARA MISC HVAC SUPPLIES: FIRE STA84 MISC HVAC SUPPLIES: LIBRARY Amount Paid 41,474.36 45.23 1,125.96 92.77 73.00 49.06 60.26 5,978.44 49.67 30.00 657.09 42.29 397.52 61.69 48.58 15, 530.50 8.28 46.61 64.91 23.15 9.70 8.28 8.28 306.64 103.88 42.73 75.00 48.19 111.06 376.13 1,280.27 Check Total 41,474.36 8,711.56 15, 530.50 169.21 2,343.90 Page:6 apChkLst Final Check List Page: 7 11/15/2022 1:29:07PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description 503486 11/17/2022 002412 RICHARDS WATSON AND OCT 2022 LEGAL SERVICES GERSHON OCT 2022 LEGAL SERVICES OCT 2022 LEGAL SERVICES OCT 2022 LEGAL SERVICES OCT 2022 LEGAL SERVICES OCT 2022 LEGAL SERVICES OCT 2022 LEGAL SERVICES OCT 2022 LEGAL SERVICES OCT 2022 LEGAL SERVICES OCT 2022 LEGAL SERVICES OCT 2022 LEGAL SERVICES OCT 2022 LEGAL SERVICES OCT 2022 LEGAL SERVICES OCT 2022 LEGAL SERVICES OCT 2022 LEGAL SERVICES OCT 2022 LEGAL SERVICES OCT 2022 LEGAL SERVICES OCT 2022 LEGAL SERVICES OCT 2022 LEGAL SERVICES OCT 2022 LEGAL SERVICES OCT 2022 LEGAL SERVICES SEP 2022 LEGAL SERVICES 503487 11/17/2022 017549 ROSEN AND ROSEN UNIFORMS: MAINTENANCE: PW INDUSTRIES INC, DBA RAND R INDUSTRIES 503488 11/17/2022 004274 SAFE AND SECURE LOCKSMITH SRVC 503489 11/17/2022 009213 SHERRY BERRY MUSIC 503490 11/17/2022 013482 SILVERMAN ENTERPRISES INC, DBA BAS SECURITY 503491 11/17/2022 002366 STEAM SUPERIOR CARPET CLEANING 503492 11/17/2022 009452 EMPLOYEE #00427 503493 11/17/2022 003840 STRONG'S PAINTING UNIFORMS: PW MAINT LOCKSMITH SVCS: CIVIC CTR LOCKSMITH SVCS: PARKS: PW JAZZ @ THE MERC 11/03 JAZZ @ THE MERC 10/27 11/7-11/13 SECURITY: ROTATING PARKS 10/17-11/06 OVERNIGH SECURITY: l CARPET CLEANING: TVE2: PW UPHOLSTERY CLEANING: CIVIC CEI REIMB: SUPPLIES FOR COMMUNITY THEATER PAINTING SVCS: TVE2 PAINTING SVCS: OLD TOWN PD Amount Paid Check Total ►pzlK*,' 662.50 3,349.00 1,058.00 3,408.00 1,756.50 57.00 2,330.50 678.50 5,253.00 12, 057.00 2,806.00 4,129.00 1,523.00 1,017.00 20, 989.30 47.50 2,376.00 1,853.50 13, 268.45 342.00 29.50 2,738.04 2,039.38 53.92 150.92 440.00 720.00 1,169.00 3,507.00 575.00 160.00 59.80 650.00 2,500.00 79,415.25 4,777.42 204.84 1,160.00 4,676.00 735.00 59.80 3,150.00 Page:7 apChkLst 11/15/2022 1:29:07PM Final Check List CITY OF TEMECULA Page: 8 Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 503494 11/17/2022 003849 TERRYBERRY COMPANY EMPLOYEE SERVICE RECOGNITION 108.01 SERVICE RECOGNITION PINS: HR 4,590.67 EMPLOYEE SVC RECOGNITION: HR 266.69 EMPLOYEE SVC RECOGNITION: HR 132.24 5,097.61 503495 11/17/2022 016311 TIERCE, NICHOLAS GRAPHIC DESIGN SVCS: THEATER 2,520.00 2,520.00 503496 11/17/2022 000668 TIMMY D PRODUCTIONS INC DJ SVCS: ART OF THE WALLS: TCSD 700.00 700.00 503497 11/17/2022 021603 TITAN RENTALS GROUP INC, RENTALS: SPECIAL EVENTS: TCSD 2,257.25 2,257.25 TITAN TENT & EVENT RENTAL 503498 11/17/2022 021580 TOWNSEND PUBLIC AFFAIRS NOV CONSULTING SVCS: CITY CLERK 6,000.00 6,000.00 INC 503499 11/17/2022 007766 UNDERGROUND SERVICE OCT DIG SAFE BIRD BILLABLE TIX: PW 70.85 ALERT, OF SOUTHERN CALIFORNIA OCT UNDERGRND UTILITY LOCATO 269.00 339.85 503500 11/17/2022 009101 VISION ONE INC, DBA OCT SHOWARE TICKETING SVCS: 3,169.80 3,169.80 ACCESSO THEATER 503501 11/17/2022 020275 WALLACE & ASSOC CONSTRUCTION MGMT SVS: PW19-10 841.00 CONSULTING LLC, ANSER ADVISORY MNGMT LLC CONSTRUCTION INSP SVCS: PW21- 3,174.00 CONSTRUCTION INSP SVCS: PW22- 17,940.00 CONST MGMT SVCS: CRC RENO: CI 2,681.00 24,636.00 503502 11/17/2022 008402 WESTERN RIVERSIDE CO AUG'22 MSHCP PAYMENT 71,439.04 71,439.04 REG, CONSERVATION AUTHORITY Grand total for EFT UNION BANK: 913,289.25 Page:8 apChkLst Final Check List Page: 9 11/15/2022 1:29:07PM CITY OF TEMECULA 65 checks in this report. Grand Total All Checks: 913,289.25 Page:9 apChkLst Final Check List Page: 1 11/17/2022 3:26:42PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor Description Amount Paid Check Total 210662 11/14/2022 002185 US POSTAL SERVICE POSTAGE: WINTER/SPRING GUIDE: 9,329.57 9,329.57 TCSD 210663 11/17/2022 001517 AETNA BEHAVIORAL HEALTH NOV EMPLOYEE ASSISTANCE PRGM: 1,333.20 1,333.20 LLC, DBA AETNA RESOURCES HR 210664 11/17/2022 007282 AMAZON CAPITAL SERVICES MISC. TVE2 ITEMS 328.12 INC MISC EQUIPMENT: ECO DEV 102.43 430.55 210665 11/17/2022 020691 ANN M HOWELL, DBAANN MILITARY BANNER PROGRAM: TCSD 42.50 42.50 HOWELL DESIGN 210666 11/17/2022 000101 APPLE ONE INC AUG TEMP HELP: COMM DEV 6,420.96 SEP TEMP HELP: COMM DEV 5,601.96 12,022.92 210667 11/17/2022 021689 ASCENT ENVIRONMENTAL INC CEQAADVISORY CONSULTANT: 5,373.91 LR22-0912 CEQAADVISORY CONSULTANT: LR: 5,272.50 OCT ENVIRONMENTAL QUALITYAC" 175.00 10,821.41 210668 11/17/2022 007065 B&H PHOTO & ELECTRONICS LIVE EVENT SPEAKER SUBWOOFERS: 3,867.53 3,867.53 CORP IT 210669 11/17/2022 011954 BAKER AND TAYLOR INC BOOK COLLECTIONS: RHRTPL: TCSD 462.48 BOOK COLLECTIONS: RHRTPL: TCS 68.36 530.84 210670 11/17/2022 019070 BECKY'S BAKESHOP WORKFORCE PRGM: YOUNG 1,000.00 1,000.00 WOMEN'S CONF 210671 11/17/2022 001323 BLUETRITON BRANDS INC, 10/11 -11 /10 WATER DELIVERY SVCS: 172.24 DBA READYREFRESH FOC 10/09-11/08 WTR DLVRY SVCS: HELF 64.95 237.19 210672 11/17/2022 011348 BONCOR WATER SYSTEMS 11/10-12/07 WTR FILTER: FIRE STA 73 330.00 330.00 LLC, DBA SUNSHINE WATER SOFT 210673 11/17/2022 011421 BRODART CO BOOK COLLECTIONS: RHRTPL:TCSD 446.11 446.11 210674 11/17/2022 005321 CALIF ASSOC OF CODE, REGIST: WEBINAR: CODE 500.00 ENFORCEMENT OFFICERS ENFORCEMENT REGIST: WEBINAR: CODE ENFORCI 40.00 540.00 210675 11/17/2022 021851 CALIF NEWSPAPERS LEGAL PUBLICATIONS: CITY CLERK 2,959.42 2,959.42 PARTNERSHIP, DBA SO CALIF NEWS GROUP 210676 11/17/2022 004971 CANON FINANCIAL SERVICES OCT COPIERS LEASE: LIBRARY 671.56 671.56 INC Page:1 apChkLst 11/17/2022 3:26:42PM Final Check List CITY OF TEMECULA Page: 2 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 210677 11/17/2022 021054 CANTRELL, TINAJ TCSD INSTRUCTOR EARNINGS 280.00 280.00 210678 11/17/2022 004462 CDW LLC, DBA CDW PLOTTER REPLACEMENT:GIS 6,322.73 GOVERNMENT LLC MISC SMALL TOOLS & EQUIP: INFO 232.64 6,555.37 210679 11/17/2022 017429 COBRAADVANTAGE INC, DBA COBRA Administration Fees 643.20 643.20 THE ADVANTAGE GROUP 210680 11/17/2022 011922 CORELOGIC INC, DBA OCT SOFTWARE SUBSCRIPTION: 400.00 400.00 CORELOGIC SOLUTIONS CODE ENF 210681 11/17/2022 014521 COSTAR REALTY NOV'22 WEB SUBSCRIPTION: ECO 1,296.00 1,296.00 INFORMATION INC DEV 210682 11/17/2022 001264 COSTCO TEMECULA 491 SPECIAL EVENT SUPPLIES: 724.08 PREVENTION: FIRE SPECIAL EVENT SUPPLIES: PREVEI 628.91 1,352.99 210683 11/17/2022 004329 COSTCO TEMECULA491 SUPPLIES: MPSC/HUMAN SVCS: TCSD 626.14 626.14 210684 11/17/2022 008810 CROSSTOWN ELECTRICAL & TRAFFIC MAINT & REPAIR: PW 24,107.16 24,107.16 DATA 210685 11/17/2022 012600 DAVID EVANS AND SEP DOG RENOVATION: CIP: PW 8,690.50 8,690.50 ASSOCIATES INC 210686 11/17/2022 005901 EXHIBIT ENVOY EXHIBIT RENTAL: TCSD 1/22/23-3/19/23 500.00 500.00 210687 11/17/2022 000165 FEDERAL EXPRESS INC EXPRESS MAIL SVCS: INFO TECH 8.37 8.37 210688 11/17/2022 018858 FRONTIER CALIFORNIA INC OCT INTERNET SVCS: CITY HALL 1,045.72 1,045.72 210689 11/17/2022 009097 FULL COMPASS SYSTEMS SOUND/LIGHTING SUPPLIES: 194.83 THEATER SOUND/LIGHTING & SUPPLIES:THE, 117.78 SOUND/LIGHTING SUPPLIES: THEN 106.66 SOUND/LIGHTING SUPPLIES: THEN -391.08 28.19 210690 11/17/2022 022832 GEOTAB USA INC VEHICLE TELEMATICS: CITY FLEET 1,421.37 1,421.37 210691 11/17/2022 023098 HALFGREY INC SEARCHLIGHT: SPECIAL EVENTS: 470.00 470.00 TCSD 210692 11/17/2022 000186 HANKS HARDWARE INC MISC MAINT SUPPLIES: VARI FACS 5,549.99 5,549.99 Paget apChkLst 11/17/2022 3:26:42PM Final Check List CITY OF TEMECULA Page: 3 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 210693 11/17/2022 023143 HAPPY BUDDHA FOOT, REFUND: DEPOSIT: MASSAGE APPEAL 2,719.00 2,719.00 REFLEXOLOGY SPA 210694 11/17/2022 020698 HICKS AND HARTWICK INC ENG PLAN CHECK SVCS: LAND DEV: 6,030.00 SOLANA HI ENG PLAN CK SVCS: LAND DEV: PR 4,860.00 ENG PLAN CK SVCS: LAND DEV: 38' 3,205.00 ENG PLAN CK SVCS: SOLANA WAY 2,070.00 16,165.00 210695 11/17/2022 000750 INTOXIMETERS INC ASIV MOUTHPIECES: TEM SHERIFF 75.34 75.34 210696 11/17/2022 009973 J A MOMANEY SERVICES INC, TRAFFIC EQUIPMENT: TRAFFIC: PW 3,779.06 3,779.06 DBA JAM SERVICES 210697 11/17/2022 020893 JEFF KATZ ARCHITECTURAL DSGN SVCS CRC SPLASH PAD: 5,259.90 5,259.90 CORP PW21-07 210698 11/17/2022 021049 LE COFFEE SHOP TEMECULA RFRSHMNTS: EDC BOARD MTG: ECON 369.50 369.50 DEV 210699 11/17/2022 003782 MAIN STREET SIGNS, DBA VARIOUS SIGNS & SUPPLIES: 1,186.50 1,186.50 ATHACO INC STREEST: PW 210700 11/17/2022 021434 MATRIX TELECOM LLC DBA SEPT 800 SERVICES: CIVIC CENTER 74.58 LINGO OCT 800 SERVICES: CIVIC CENTER 73.54 148.12 210701 11/17/2022 005690 MICHELLE'S PLACE WOMENS REGIST: WALK OF HOPE: EMP 200.00 200.00 BREAST, CANCER RESOURCE WELLNESS CENTER 210702 11/17/2022 018099 NATIONAL SAFETY DOT TESTING: HR 305.85 305.85 COMPLIANCE INC 210703 11/17/2022 020300 NCBOA, INC BASKETBALL OFFICIATING: SPORTS: 2,032.00 2,032.00 TCSD 210704 11/17/2022 022023 NETWRIX CORPORATION DATA CLASSIFICATION/SECURITY: 8,185.66 8,185.66 INFO TECH 210705 11/17/2022 017720 PERPETUAL PARKS & SLIDE INSTALL: TEMEKU HILLS PARK 750.00 750.00 PLAYGROUNDS 210706 11/17/2022 021602 PUBLIC RESTROOM COMPANY, RETENTION REL: RRSP RSTRM: 27,513.80 27,513.80 THE PW 18-03 210707 11/17/2022 019440 QUADIENT INC POSTAGE METER SUPPLIES: SUPP 23.76 23.76 SVCS Page:3 apChkLst Final Check List Page: 4 11/17/2022 3:26:42PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 210708 11/17/2022 022771 QUAKEHOLD INDUSTRIAL INC EMERGENCY PREPAREDNESS BACKPACKS:EOC 210709 11/17/2022 014494 RAND R CONTROLS, INC DDC CONTROL SYSTEM: PD SUBSTATION 210710 11/17/2022 020473 READYAMERICA EMERGENCY SUPPLIES:SHSP GRANT: EOC 210711 11/17/2022 004822 RIVERSIDE TRANSIT AGENCY OCT TROLLEY SVCS: CITY MGR 210712 11/17/2022 013375 EMPLOYEE #00474 REIMB: MMASC CONFERENCE: LODGING 210713 11/17/2022 009980 SANBORN GWYNETH A, CO COUNTRY LIVE! @ THE MERC 11/05 TEMECULA MUSIC ACADEMY 210714 11/17/2022 017699 SARNOWSKI SHAWNA M PHOTOGRAPHY SVCS: AOTW 11/4: PRESTON TVM PHOTOGRAPHY SVCS: MEDICAL CA 210715 11/17/2022 021309 SB&O INC DESIGN, ENVIRO & SURVEY SVS: RRSP TRAILS 210716 11/17/2022 022789 SCHNEIDER ELECTRIC, IT UPS REPAIRS: DATA CENTER: IT CORPORATION 210717 11/17/2022 000519 SOUTH COUNTY PEST PEST CONTROL SVCS: WEST WING CONTROL INC PEST CONTROL SVCS: CHILDRENS PEST CONTROL SVCS: WEDDING C PEST CONTROL SVCS: SENIOR CEP PEST CONTROL SVCS: SOMMERS E PEST CONTROL SVCS: TCC/PANTR` PEST CONTROL SVCS: WOLF CREE PEST CONTROL SVCS: MUSEUM PEST CONTROL SVCS: JRC PEST CONTROL SVCS: STA 12 PEST CONTROL SVCS: MRC PEST CONTROL SVCS: MRC PEST CONTROL SVCS: BIRDSALL PI PEST CONTROL SVCS: MARG SPLA PEST CONTROL SVCS: TCC PEST CONTROL SVCS: TES POOL PEST CONTROL SVCS: CIVIC CENTI PEST CONTROL SVCS: LIBRARY PEST CONTROL SVCS: THEATER PEST CONTROL SVCS: CRC Amount Paid 6,401.70 42,414.00 9,155.59 2,198.60 573.47 813.75 250.00 225.00 11,141.12 3,144.00 40.00 36.00 32.00 29.00 126.00 123.00 49.00 42.00 74.00 74.00 70.00 70.00 70.00 49.00 123.00 118.00 94.00 90.00 90.00 90.00 Check Total 6,401.70 42,414.00 9,155.59 2,198.60 573.47 813.75 475.00 11,141.12 3,144.00 1,489.00 Page:4 apChkLst 11/17/2022 3:26:42PM Final Check List CITY OF TEMECULA Page: 5 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 210718 11/17/2022 008337 STAPLES BUSINESS CREDIT MISC OFC SUPPLIES: FINANCE 63.91 63.91 210719 11/17/2022 015648 STEIN ANDREW, DBA PARKINK STAFF UNIFORMS: TVM: TCSD 1,751.43 1,751.43 210720 11/17/2022 009061 STURDIVANT, ANGELA P TCSD INSTRUCTOR EARNINGS 367.50 367.50 210721 11/17/2022 000306 TEMECULA VALLEY PIPE & IRRIGATION/PLUMBING SUPPLIES: 179.55 SUPPLY PARKS: PW IRRIGATION & PLUMBING SUPPLIES 31.03 210.58 210722 11/17/2022 000161 TYLER TECHNOLOGIES, INC ENERGOV INSIGHTS BUNDLE: INFO 16,275.00 16,275.00 TECH 210723 11/17/2022 002185 US POSTAL SERVICE ANN'L PO BOX FEE: POLICE #892050 484.00 484.00 210724 11/17/2022 005460 U S BANK ACCOUNT ANALYSIS: FINANCE 875.00 875.00 210725 11/17/2022 019793 URBANE CAFE, TGH RFRSHMNTS: ACE EVENT 11/4/22 178.13 178.13 ENTERPRISES LLC 210726 11/17/2022 008558 VALLEY OF THE MIST ED SPONSORSHIP FUNDING: ECO 1,700.00 1,700.00 QUILTERS DEV 210727 11/17/2022 007987 WALMART MISC SUPPLIES: TCSD 165.63 165.63 210728 11/17/2022 008668 WES FLOWERS SUNSHINE FUND 101.99 101.99 210729 11/17/2022 021148 WEX BANK 10/07-11/06 FUEL USAGE: POLICE 2,625.61 2,625.61 210730 11/17/2022 005118 EMPLOYEE #00327 REIMB: CPRS CONF: TCSD 615.00 615.00 210731 11/17/2022 000341 WILLDAN ASSOCIATES INC TRAFFIC ENGINEERING SVCS: 747.50 TRAFFIC: PW Traffic Engineering Services: PW - CIP 552.00 1,299.50 Grand total for UNION BANK: 270,770.80 Page:5 apChkLst Final Check List Page: 6 11/17/2022 3:26:42PM CITY OF TEMECULA 70 checks in this report. Grand Total All Checks: 270,770.80 Page:6 apChkLst Final Check List Page: 1 11/18/2022 2:01:05PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor Description 210732 11/18/2022 006282 RCLEAA, RIVERSIDE COUNTY REGIST: CONFERENCE: POLICE LAW 210733 11/18/2022 010593 EMPLOYEE #00430 REIMB: THEATER SUPPLIES: TCSD 210734 11/18/2022 014115 GAMBLING COWBOY RFRSHMNTS: PECHANGA PUESKA CHOPHOUSE, THE EVENT 210735 11/18/2022 021208 EMPLOYEE #00535 REIMB: UNIFORMS: CODE ENFORCEMENT 210736 11/18/2022 011956 EMPLOYEE #00438 REIMB: TEAM PACE REIMB: TEAM PACE 210737 11/18/2022 021458 PENFOLD'S CAFE INC, DBA RFRSHMNTS: SKIP/HIGH HOPES PENFOLD'S CAFE EVENT: TCSD 210738 11/18/2022 000249 PETTY CASH PETTY CASH REIMBURSEMENT 210739 11/18/2022 023145 EMPLOYEE #00607 REIMB: CALPERS CONF 11/1-11/2 210740 11/18/2022 000406 RIVERSIDE CO SHERIFFS REGIST: CLASS: CODE DEPT ENFORCEMENT Amount Paid Check Total 180.00 180.00 55.98 55.98 2,971.13 2,971.13 212.47 212.47 575.00 468.00 1,043.00 565.23 565.23 941.71 941.71 218.00 218.00 139.00 139.00 Grand total for UNION BANK: 6,326.52 Page:1 apChkLst Final Check List Page: 2 11/18/2022 2:01:05PM CITY OF TEMECULA g checks in this report. Grand Total All Checks: 6,326.52 Paget apChkLst 11/22/2022 4:43:19PM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK Check # Date Vendor Description Amount Paid Check Total 210741 11/22/2022 003552 AFLAC PREMIUM HOLDING, AFLAC ACCIDENT INDEMNITY 3,102.04 3,102.04 C/O BNB BANK LOCKBOX PAYMENT 210742 11/22/2022 002187 ANIMAL FRIENDS OF THE OCT ANIMAL CONTROL SVCS: 10,500.00 10,500.00 VALLEYS TEMECULA 210743 11/22/2022 023030 ARJONA, GLORIA STTLMNT: BRAZILIAN & LATIN JAZZ: 1,261.00 1,261.00 11/18 210744 11/22/2022 017788 BARTEL ASSOCIATES LLC CONSULTING SVCS: CALPERS: 2,900.00 2,900.00 FINANCE 210745 11/22/2022 001323 BLUETRITON BRANDS INC, 10/7-11/6 WTR DLVRY SVC: TVE2 55.46 55.46 DBA READYREFRESH 210746 11/22/2022 023077 BW INDUSTRIES INC PROJECT MGMT SVCSS: DOCUSIGN 1,006.25 PROJECT MGMT SVCS: DOCUSIGN 743.75 PROJ MGMT SVCS: DOCUSIGN 743.75 2,493.75 210747 11/22/2022 004381 CENTER FOR HEALTHCARE, MATERIALS: CPR CLASS: FIRE 343.95 343.95 EDUCATION INC 210748 11/22/2022 010792 CLARK EQUIPMENT COMPANY, BOBCAT SKID -STEER LOADER: 6,646.29 6,646.29 DBA BOBCAT COMPANY STREETS: PW 210749 11/22/2022 012600 DAVID EVANS AND OCT DSGN CONST SVCS:PICKLEBALL 11,645.84 11,645.84 ASSOCIATES INC 210750 11/22/2022 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 50.00 50.00 210751 11/22/2022 019721 GOVCONNECTION INC WORKSTATION:EOC VIDEOWALL 2,581.03 CREDIT: TELECONFERENCING EQL -531.08 2,049.95 210752 11/22/2022 000186 HANKS HARDWARE INC MISC MAINT SUPPLIES: STREETS: PW 1,497.62 HRDWR SUPPLIES: FIRE STATIONS 1,368.20 2,865.82 210753 11/22/2022 015953 LLOYDS DESIGNS JUNE THROUGH OCTOBER SERVICES: 3,500.00 3,500.00 TCSD - 210754 11/22/2022 021969 EMPLOYEE #00540 CMPTR LOAN PRGM: INFO TECH 2,000.00 2,000.00 210755 11/22/2022 005820 PRE -PAID LEGAL SERVICES PREPAID LEGAL SERVICES PAYMENT 214.65 214.65 INC, DBA LEGALSHIELD 210756 11/22/2022 017391 RISE INTERPRETING INC OCT SIGN LANGUAGE INTERPRETING: 800.00 800.00 CLASSES Page:1 apChkLst Final Check List Page: 2 11/22/2022 4:43:19PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 210757 11/22/2022 009980 SANBORN GWYNETH A, CO COUNTRY LIVE! @ THE MERC 11/19 998.25 998.25 TEMECULA MUSIC ACADEMY 210758 11/22/2022 017699 SARNOWSKI SHAWNA M PHOTOGRAPHY SVCS: SPEC EVENTS: 300.00 PRESTON TCSD PHOTOGRAPHY SVCS: MUSEUM: T( 250.00 550.00 210759 11/22/2022 015364 SEASIDE ICE LLC, DBA ICE SKATING RINK IN OLD TOWN: TCSD 18,577.50 18,577.50 AMERICA 210760 11/22/2022 013376 SECURITY SIGNAL DEVICES ALARM SYSTEM SVCS: PARKING 626.50 INC, SSD SYSTEMS GARAGE ALARM SYSTEM SVCS: PARKING G) 507.00 1,133.50 210761 11/22/2022 015648 STEIN ANDREW, DBA PARKINK MISC MERCH: SPECIAL EVENTS: TCSD 1,302.79 1,302.79 210762 11/22/2022 019494 SUPPORT WAREHOUSE HP SUPPORT WARRANTY: LIBRARY 1,279.00 1,279.00 LIMITED 210763 11/22/2022 023046 SWISSMISS SHOP LLC, DBA MERCHANDISE: GIFT SHOP: TVM 579.00 579.00 TATTLY 210764 11/22/2022 009948 TEMECULA PERFORMING THE ADDAMS FAMILY: 11/4-11/13 22,268.65 22,268.65 ARTS CO 210765 11/22/2022 002185 US POSTAL SERVICE POSTAGE: BUSINESS LICENSE 3,350.00 3,350.00 RENEWALS 210766 11/22/2022 008558 VALLEY OF THE MIST REFUND: SEC DEPOSIT: CRC 200.00 200.00 QUILTERS 210767 11/22/2022 014850 VALLEY PRINTING SERVICES, PRINTING SVCS: CITY MGR 403.46 403.46 INC. 210768 11/22/2022 023055 VAN OTTERLOO INC EMERGENCY EQUIP REPAIR: 945.00 945.00 STREETS: PW 210769 11/22/2022 007987 WALMART MISC SUPPLIES: CRC: TCSD 172.34 MISC SUPPLIES: CRC: TCSD 141.52 MISC SUPPLIES: TVM: TCSD 113.88 MISC SUPPLIES: AQUAITICS: TCSD 61.07 488.81 210770 11/22/2022 020670 WEBB MUNICIPAL FINANCE PROF SVCS THROUGH 9/24/22 20,000.00 LLC QTR1 FY22-23 CFDADMIN SVCS 11,441.07 31,441.07 210771 11/22/2022 000341 WILLDAN ASSOCIATES INC TRAFFIC ENGINEERING SVCS: 747.50 TRAFFIC: PW TRAFFIC ENGINEERING SVCS: TRA 325.00 TRAFFIC ENGINEERING SVCS: TRA 130.00 1,202.50 Paget apChkLst Final Check List Page: 3 11/22/2022 4:43:19PM CITY OF TEMECULA Grand total for UNION BANK: 135,148.28 Page:3 apChkLst Final Check List Page: 4 11/22/2022 4:43:19PM CITY OF TEMECULA 31 checks in this report. Grand Total All Checks: 135,148.28 Page:4 apChkLst Final Check List Page: 1 11/22/2022 2:17:26PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor Description 503503 11/23/2022 007282 AMAZON CAPITAL SERVICES MISC OFC SUPPLIES: CITY CLERK INC MISC SUPPLIES: AQUATICS TCSD 503504 11/23/2022 005037 AMERICAN ASPHALT SOUTH CITYWIDE SLURRY SEAL: PW22-02: INC CIP 503505 11/23/2022 004240 AMERICAN FORENSIC NURSES SART EXAM: TEM SHERIFF AFN DRUG/ALCOHOL ANALYSIS: TEM SF DEC STAND BY FEE: POLICE 503506 11/23/2022 012951 APPLIED DEVELOPMENT QUALITY OF LIFE MASTER PLAN: ECONOMICS PLANNING QUALITY OF LIFE MASTER PLAN: PI 503507 11/23/2022 013950 AQUA CHILL OF SAN DIEGO NOV DRINKING WTR SYS MAINT: STOREFRONT NOV DRINKING WTR SYS MAINT: AI OCT DRINKING WTR SYS MAINT: AC 503508 11/23/2022 021400 AYERS ELECTRIC INC ELECTRICAL WORK: CRC RENOVATIONS: CIP 503509 11/23/2022 017149 B G P RECREATION INC TCSD INSTRUCTOR EARNINGS 503510 11/23/2022 000475 B N I PUBLICATIONS INC PUBLICATIONS: SPECS GREENBOOK: PW PUBLICATIONS: SPECS GREENBOC 503511 11/23/2022 019709 EMPLOYEE #00455 REIMB: UNIFORMS: CODE ENFORCEMENT 503512 11/23/2022 004248 CALIF DEPT OF JUSTICE-ACCTING 503513 11/23/2022 004462 CDW LLC, DBACDW GOVERNMENT LLC 503514 11/23/2022 021133 CNS ENGINEERS INC OCT BLOOD & ALCOHOL ANALYSIS: PD SEP FINGERPRINTING SVCS: PD REPLACEMENT MONITORS: INFO TECH MISC SMALL TOOLS & EQUIP: IT MISC SMALL TOOLS & EQUIP: IT 7/1-9/23 ENG SVCS: OVRLND BR P W 16-05 Amount Paid 47.33 39.31 1,022,732.48 434.07 62.01 1,420.55 3,825.42 1,164.75 61.96 62.53 68.96 1,500.00 3,880.80 275.67 144.08 147.60 945.00 3,285.00 456.13 91.25 103.86 166, 749.80 Check Total 86.64 1, 022, 732.48 1,916.63 4,990.17 193.45 1.500.00 3,880.80 419.75 147.60 4,230.00 651.24 166, 749.80 Page:1 apChkLst Final Check List Page: 2 11/22/2022 2:17:26PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 503515 11/23/2022 001393 DATATICKET INC, DBA MAR CITATIONS PROCESSING: 2,185.23 REVENUE EXPERTS POLICE MAY CITATIONS PROCESSING: POL 200.00 APR CITATIONS PROCESSING: POLI 1,338.06 FEB CITATIONS PROCESSING: POLI 500.00 JUL CITATIONS PROCESSING: POLI, 200.00 JUN CITATIONS PROCESSING: POLI 4,674.61 AUG CITATIONS PROCESSING: POL 1,286.66 Parking citation processing: Tern 1,127.96 11,512.52 503516 11/23/2022 022483 DE LA SECURA INC, DBA DLS DSGN-BUILD SVCS: MRC PW 17-21 535,217.51 535,217.51 BUILDERS 503517 11/23/2022 004382 DEKRA LITE INC OLD TOWN LIGHTING/DECOR: SPEC 5,051.80 5,051.80 EVENTS 503518 11/23/2022 022506 DESIGN PATH STUDIO PERMIT-READYADU: PLANNING 6,562.50 PERMIT READY ACCESSORY DWEL 3,427.25 9,989.75 503519 11/23/2022 020648 DG INVESTMENT HOLDINGS 2 CAMERAS & ACCESS CTRL: PD 16,999.20 INC, CONVERGINT STOREFRONT TECHNOLOGIES PREVENTATIVE MAINT: SECURITY E 18,035.00 35,034.20 503520 11/23/2022 003945 DIAMOND ENVIRONMENTAL PORTABLE RESTROOMS: VAIL RANCH 165.88 SRVCS PARK PORTABLE RESTROOMS: RIVERTOI 110.88 PORTABLE RESTROOMS: LONG CAI 110.88 PORTABLE RESTROOMS: LA SEREI` 110.88 498.52 503521 11/23/2022 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: CODE 169.27 ENFORCEMENT FUEL FOR CITY VEHICLES:BLDG & ; 333.44 FUEL FOR CITY VEHICLES: POLICE 167.78 670.49 503522 11/23/2022 021504 EMPLOYEE #00577 CMPTR LOAN PRGM: INFO TECH 2,000.00 2,000.00 503523 11/23/2022 002577 ENGINEERING RESOURCES, ENGINEERING SVCS: DE PORTOLA 935.00 935.00 OF SOUTHERN CALIF., INC. PW22-11 503524 11/23/2022 001511 FIELDMAN ROLAPPAND FINANCIAL ADVISORY SVCS: FINANCE 17,342.50 17,342.50 ASSOCIATES 503525 11/23/2022 022726 FORENSIC NURSES OF SOCAL SART EXAMS: TEM SHERIFF 800.00 800.00 INC 503526 11/23/2022 011898 EMPLOYEE #00459 REIMB: UNIFORMS 223.72 223.72 503527 11/23/2022 010204 M T G L INC MATL TESTING: CITYWIDE SLURRY 8,385.00 8,385.00 SEAL: CIP Paget apChkLst Final Check List Page: 3 11/22/2022 2:17:26PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 503528 11/23/2022 011920 MASTER CONCEPTS LLC, DBA TCSD INSTRUCTOR EARNINGS 15,403.50 15,403.50 MASTER SPORTS 503529 11/23/2022 020907 MICHELLE MEDINA, DBA TCSD INSTRUCTOR EARNINGS 2,579.50 2,579.50 MICHELLE Q MEDINA 503530 11/23/2022 004951 MIKE'S PRECISION WELDING ON -CALL WELDING: PARKS 780.00 780.00 INC 503531 11/23/2022 021343 MILLER ARCHITECTURAL ARCHITECTURALSVCS: MPSC 5,040.00 CORP RENOVATION ARCHITECTURAL SVCS: MPSC REN 5,800.00 10,840.00 503532 11/23/2022 004043 MISSION ELECTRIC SUPPLY ELECTRICAL SUPPLIES: TVE2 35.43 35.43 INC 503533 11/23/2022 004040 MORAMARCO ANTHONY J, TCSD INSTRUCTOR EARNINGS 138.60 138.60 DBA BIGFOOT GRAPHICS 503534 11/23/2022 019019 MUSIC CONNECTION LLC SPEAKEASY @ THE MERC 11/12 355.60 355.60 503535 11/23/2022 022599 NIEVES LANDSCAPE INC IRRIGATION REPAIRS:WOLF CREEK 394.07 TREE PLANTING: MURR CRK TRAIL 1,050.00 IRRIGATION REPAIRS: DEL PORTOL 411.16 IRRIGATION REPAIRS: CROWN HILL 171.51 IRRIGATION REPAIRS: VAIL RANCH 405.30 IRRIGATION REPAIRS: VAIL RANCH 238.85 IRRIGATION REPAIRS: WOLF CREEL 435.39 IRRIGATION REPAIRS: BIRDSALL PA 464.39 IRRIGATION REPAIRS: VAIL RANCH 476.47 IRRIGATION REPAIRS: VAIL RANCH 309.23 IRRIGATION REPAIRS: VINTAGE HIL 334.74 IRRIGATION REPAIRS: BUTTERFIELI 207.14 IRRIGATION REPAIRS: BIRDSALL PA 816.22 IRRIGATION REPAIRS: PALOMA DEL 336.52 IRRIGATION REPAIRS: PALOMA DEL 326.51 IRRIGATION REPAIRS: WOLF CREEL 406.01 MURRIETA CREEK TRAIL CLEAN UP 4,200.00 IRRIGATION REPAIRS: BIRDSALL PA 392.43 IRRIGATION REPAIRS: BIRDSALL PA 452.45 IRRIGATION REPAIRS: WOLF CREEI 278.64 LDSCP IMPROVE: WINCHESTER 1,080.00 IRRIGATION REPAIRS: VILLAGES 467.55 13,654.58 503536 11/23/2022 021998 OLD TOWN TIRE AND SERVICE VEHICLE REPAIRS: CODE 25.00 25.00 INC ENFORCEMENT Page:3 apChkLst Final Check List Page: 4 11/22/2022 2:17:26PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description 503537 11/23/2022 005075 PRUDENTIAL OVERALL FLOOR MATS/TOWEL RENTALS: FOC SUPPLY UNIFORM SVCS: PARK MAINT: PW 503538 11/23/2022 022537 REFRIGERATION SUPPLIES, MISC HVAC SUPPLIES: CIVIC CTR DISTRIBUTOR 503539 11/23/2022 020429 REMOTE SATELLITE SYSTEMS OCT'22 SAT PH AIRTIME/DEC FEE: INTL EOC 503540 11/23/2022 002412 RICHARDS WATSON AND OCT 2022 LEGAL SERVICES GERSHON OCT 2022 LEGAL SERVICES OCT 2022 LEGAL SERVICES OCT 2022 LEGAL SERVICES OCT 2022 LEGAL SERVICES OCT 2022 LEGAL SERVICES OCT 2022 LEGAL SERVICES OCT 2022 LEGAL SERVICES OCT 2022 LEGAL SERVICES 503541 11/23/2022 005585 EMPLOYEE #00352 REIMB: UNIFORMS: CODE ENFORCEMENT 503542 11/23/2022 004274 SAFE AND SECURE LOCKSMITH SVCS: IWTCM LOCKSMITH SRVC 503543 11/23/2022 009213 SHERRY BERRY MUSIC JAZZ @ THE MERC-11/11 JAZZ @ THE MERC 11/10 503544 11/23/2022 022051 SINGH GROUP INC HOMELESS ENCAMPMENT CLEAN-UP HOMELESS ENCAMPMENT CLEAN l 503545 11/23/2022 019100 TNT ENTERTAINMENT GROUP DJ/MC SOUND SVCS: VETERANS 11/11 LLC ART OFF THE WALLS: TVM: TCSD 503546 11/23/2022 010046 TV CONVENTION &VISITORS ECON DEV SPONSORSHIP FUND FY BUREAU, DBA VISIT TEMECULA 22-23 VALLEY Amount Paid 10.28 64.91 77.52 296.45 486.00 4,313.50 6,844.00 2,781.25 1,298.00 441.50 59.00 5,075.00 1,150.50 141.15 38.06 415.00 437.50 7,202.00 19,818.00 7,745.00 450.00 40,000.00 503547 11/23/2022 020275 WALLACE & ASSOC MISC PROJ INSP & OVERSIGHT: CIP 2,898.00 CONSULTING LLC, ANSER ADVISORY MNGMT LLC MISC PROJ INSP & OVERSIGHT: CIF 276.00 CNSTRCTN MGMT SVS: PEDESTRIA 92.00 Grand total for EFT UNION BANK: Check Total 75.19 77.52 296.45 22,448.75 141.15 38.06 852.50 18AFAI 111111 8,195.00 40, 000.00 3,266.00 1,981,382.40 Page:4 apChkLst Final Check List Page: 5 11/22/2022 2:17:26PM CITY OF TEMECULA 45 checks in this report. Grand Total All Checks: 1,981,382.40 Page:5 Item No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Isaac Garibay, Director of Human Resources & Risk Management DATE: December 13, 2022 SUBJECT: Approve the Amended Salary Schedule to Include Minimum Wage Adjustments Effective January 1, 2023 PREPARED BY: Becky Obmann, Senior Human Resources Analyst RECOMMENDATION: That the City Council approve the Amended Salary Schedule to be effective January 1, 2023. BACKGROUND: On July 27, 2022, the Director of the Department of Finance certified that based on the annual inflation rate from 7/l/21-6/30/22, under Labor Code section 1182.12(c)(3)(A), the state hourly minimum wage must be increased, effective January 1, 2023, to $15.50 an hour (regardless of the number of workers employed by an employer). This mandates all employers, including the City of Temecula, pay employees hourly wages not less than $15.50 per hour beginning January 1, 2023. As a result, pay ranges that fell below $15.50 per hour were studied, along with related job classifications, to bring all pay ranges into compliance while ensuring internal equity within the classification series. Salary range adjustments are being recommended for the following classification: Intern The recommended adjustment only affects Project employee positions. No salary or benefit adjustments are being recommended for any Regular, benefited employees, including Executive staff, Mid Management staff, or staff represented by Teamsters Local 911. FISCAL IMPACT: It is difficult to predict the exact fiscal impact of project employment wages because project employment is temporary in nature. Employees often leave project/intern positions for full-time, benefitted opportunities, and internships are temporary by design. However, assuming current paid internship staffing levels, the maximum Citywide fiscal impact would be $2,228. ATTACHMENTS: City of Temecula Salary Schedule (01 /01 /2023) CITY OF TEMECULA SALARY SCHEDULE EFFECTIVE January 1, 2023 Adopted by City Council on December 13, 2022 class Family/Title Level Class Code Time Base Salary St ps MCP Only ADMINISTRATIVE Executive Assistant 4 951-004 Hourly 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 Monthly 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 Annually 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 Senior Administrative Assistant 4 952-004 Hourly 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 Monthly 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 Annually 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 Administrative Assistant 3 953-003 Hourly 26.52 27.19 27.86 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 Monthly 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,894.67 6,032.00 6,182.80 6,337.07 6,496.53 Annually 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 Senior Office Specialist 2 954-002 Hourly 24.63 25.24 25.88 26.52 27.19 27.86 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 Monthly 4,269.20 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 Annually 51,230.40 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 591404.80 601902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 Office Specialist 11 1 955-001 Hourly 22.31 22.87 23.44 24.03 24.63 25.24 25.88 26.52 27.19 27.86 28.56 29.28 30.01 30.76 31.53 Monthly 3,867.07 3,964.13 4,062.93 4,165.20 4,269.20 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 Annually 46,404.80 47,569.60 48,755.20 49,982.40 51,230.40 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 Office Specialist l 1 956-001 Hourly 21.24 21.77 22.31 22.87 23.44 24.03 24.63 25.24 25.88 26.52 27.19 27.86 28.56 29.28 30.01 Monthly 3,681.60 3,773.47 3,867.07 3,964.13 4,062.93 4,165.20 4,269.20 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 Annually 44,179.20 45,281.60 46,404.80 47,569.60 48,755.20 49,982.40 51,230.40 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 Office Aide 111 1 957-001 Hourly 19.72 20.21 20.72 21.24 21.77 22.31 22.87 23.44 24.03 24.63 25.24 25.88 26.52 27.19 27.86 Monthly 3,418.13 3,503.07 3,591.47 3,681.60 3,773.47 3,867.07 3,964.13 4,062.93 4,165.20 4,269.20 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 Annually 41,017.60 42,036.80 43,097.60 44,179.20 45,281.60 46,404.80 47,569.60 48,755.20 49,982.40 51,230.40 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 Office Aide 11 1 958-001 Hourly 18.31 18.77 19.24 19.72 20.21 20.72 21.24 21.77 22.31 22.87 23.44 24.03 24.63 25.24 25.88 Monthly 3,173.73 3,253.47 3,334.93 3,418.13 3,503.07 3,591.47 3,681.60 3,773.47 3,867.07 3,964.13 4,062.93 4,165.20 4,269.20 4,374.93 4,485.87 Annually 38,084.80 39,041.60 40,019.20 41,017.60 42,036.80 43,097.60 44,179.20 45,281.60 46,404.80 47,569.60 48,755.20 49,982.40 51,230.40 52,499.20 53,830.40 Office Aide 1 1 959-001 Hourly 16.59 17.01 17.43 17.87 18.31 18.77 19.24 19.72 20.21 20.72 21.24 21.77 22.31 22.87 23.44 Monthly 2,875.60 2,948.40 3,021.20 3,097.47 3,173.73 3,253.47 3,334.93 3,418.13 3,503.07 3,591.47 3,681.60 3,773.47 3,867.07 3,964.13 4,062.93 Annually 34,507.20 35,380.80 36,254.40 37,169.60 38,084.80 39,041.60 40,019.20 41,017.60 42,036.80 43,097.60 44,179.20 45,281.60 46,404.80 47,569.60 48,755.20 ANALYST Principal Management Analyst 7 901-007 Hourly 44.55 45.66 46.80 47.97 49.17 50.40 51.66 52.95 54.28 55.63 57.02 58.45 59.91 61.41 62.94 Monthly 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 9,883.47 10,131.33 10,384.40 10,644.40 10,909.60 Annually 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 118,601.60 121,576.00 124,612.80 127,732.80 130,915.20 Senior Management Analyst 6 902-006 Hourly 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 51.66 52.95 54.28 55.63 57.02 Monthly 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 9,883.47 Annually 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 118,601.60 Management Analyst 5 903-005 Hourly 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 Monthly 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 Annually 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 PAGE 1 OF 16 CITY OF TEMECULA SALARY SCHEDULE EFFECTIVE January 1, 2023 Adopted by City Council on December 13, 2022 Class Family/Title Level CIa55 Code Time Base Salary St ps MCP Only 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 Management Assistant 4 904-004 Hourly Monthly 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 Annually 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 Management Aide 111 3 905-003 Hourly 25.88 26.52 27.19 27.86 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 Monthly 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 Annually 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 Management Aide ll 2 906-002 Hourly 23.44 24.03 24.63 25.24 25.88 26.52 27.19 27.86 28.56 29.28 30.01 30.76 31.53 32.31 33.12 Monthly 4,062.93 4,165.20 4,269.20 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 Annually 48,755.20 49,982.40 51,230.40 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 Management Aide l 1 907-001 Hourly 21.24 21.77 22.31 22.87 23.44 24.03 24.63 25.24 25.88 26.52 27.19 27.86 28.56 29.28 30.01 Monthly 3,681.60 3,773.47 3,867.07 3,964.13 4,062.93 4,165.20 4,269.20 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 Annually 44,179.20 45,281.60 46,404.80 47,569.60 48,755.20 49,982.40 51,230.40 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 Intern 1 908-001 Hourly 15.79 16.19 16.59 17.01 17.43 17.87 18.31 18.77 19.24 19.72 20.21 Monthly 2,736.93 2,806.27 2,875.60 2,948.40 3,021.20 3,097.47 3,173.73 3,2513.47 3,334.93 3,418.13 3,503.07 Annually 32,843.20 33,675.20 34,507.20 35,380.80 36,254.40 37,169.60 38,084.80 39,041.60 40,019.20 41,017.60 42,036.80 COMMUNITY DEVELOPMENT Director of Community Development 8 300-008 Hourly 78.61 80.57 82.59 94.65 86.77 88.94 91.16 93.44 95.77 98.17 100.62 103.14 105.72 108.36 111.07 Monthly 13,625.73 13,965.47 14,315.60 14,672.67 15,040.13 15,416.27 15,801.07 16,196.27 16,600.13 17,016.13 17,440.80 17,877.60 18,324.80 18,782.40 19,252.13 Annually 163,508.80 167,585.60 171,787.20 176,072.00 180,481.60 184,995.20 189,612.80 194,355.20 199,201.60 204,193.60 209,289.60 214,531.20 219,897.60 225,388.80 231,025.60 Asst Dir. of Community Development 7 330-007 Hourly 64.52 66.13 67.78 69.48 71.21 72.99 74.82 76.69 78.61 80.57 82.59 84.65 86.77 88.94 91.16 Monthly 11,183.47 11,462.53 11,748.53 12,043.20 12,343.07 12,651.60 12,968.80 13,292.93 13,625.73 13,965.47 14,315.60 14,672.67 15,040.13 15,416.27 15,801.07 Annually 134,201.60 137,550.40 140,982.40 144,518.40 148,116.80 151,819.20 155,625.60 159,515.20 163,508.80 167,585.60 171,787.20 176,072.00 180,481.60 184,995.20 189,612.80 COMMUNITY DEVELOPMENT- BUILDING & SAFETY Building Official 7 331-007 Hourly 58.45 59.91 61.41 62.94 64.52 66.13 67.78 69.48 71.21 72.99 74.82 76.69 78.61 80.57 82.59 Monthly 10,131.33 10,384.40 10,644.40 10,909.60 11,183.47 11,462.53 11,748.53 12,043.20 12,343.07 12,651.60 12,968.80 13,292.93 13,625,73 13,965.47 14,315.60 Annually 121,576.00 124,612.80 127,732.80 130,915.20 134,201.60 137,550.40 140,982.40 144,518.40 148,116.80 151,819.20 155,625.60 159,515.20 163,508.80 167,585.60 171,787.20 Field Supervisor - Building 4 330-004 Hourly 46.80 47.97 49.17 50.40 51.66 52.95 54.28 55.63 57.02 58.45 59.91 Monthly 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 9,883.47 10,131.33 10,394.40 Annually 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 118,601.60 121,576.00 124,612.80 Plan Checker 4 308-004 Hourly 44.55 45.66 46.80 47.97 49.17 50.40 51.66 52.95 54.28 55.63 57.02 Monthly 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 9,883.47 Annually 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 118,601.60 Senior Building Inspector 3 332-003 Hourly 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 51.66 Monthly 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 Annually 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 Building Inspector ll 2 333-002 Hourly 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 Monthly 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 Annually 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 Building Inspector l 1 334-001 Hourly 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 Monthly 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 Annually 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 PAGE 2OF 16 CITY OF TEMECULA SALARY SCHEDULE EFFECTIVE January 1, 2023 Adopted by City Council on December 13, 2022 Class Family/Title Level Class Code Time Base COMMUNITY DEVELOPMENT - CODE ENFORCEMENT Field Supervisor- Code Enforcement 4 343-004 Hourly 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 Monthly 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 Annually 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 Senior Code Enforcement Officer 3 340-003 Hourly 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 Monthly 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 Annually 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 Code Enforcement Officer II 2 341-002 Hourly 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 Monthly 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 Annually 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 Code Enforcement Officer 1 1 342-001 Hourly 27.86 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 Monthly 4829.07 4,950.40 5,075.20 5,201.73 5,331.73 51465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,112.80 Annually 57'948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74193.60 COMMUNITY DEVELOPMENT -PLANNING Planning Manager 7 301-007 Hourly 55.63 57.02 58.45 59.91 61.41 62.94 64.52 66.13 67.78 69.48 71.21 72.99 74.82 76.69 78.61 Monthly 9,642.53 9,883.47 10,131.33 10,384.40 30,644.40 10,909.60 11,183.47 11,462.53 11,748.53 12,043.20 12,343.07 12,651.60 12,968.80 13,292.93 13,625.73 Annually 115,710.40 118,601.60 121,576.00 124,612.80 127,732.80 130,915.20 134,201.60 137,550.40 140,982.40 144,518.40 148,116.80 151,819.20 155,6265.60 159,515.20 163,508:80 Principal Planner 6 302-006 Hourly 50.40 51.66 52.95 54.28 55.63 57.02 58.45 59.91 61.41 62.94 64.52 66.13 67.78 69.48 7121 Monthly 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 9,883.47 10,131.33 10,384.40 10,644.40 10,909.60 11,183.47 11,462.53 11,748.53 12,043.20 12,343.07 Annually 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 118,601.60 121,576.00 124,612.80 127,732.80 130,915.20 134,201.60 137,550.40 140,982.40 144,518.40 148,116.80 Senior Planner 5 303-005 Hourly 45.66 46.80 47.97 49.17 50.40 51.66 52.95 54.28 55.63 57.02 58.45 59.91 61.41 62.94 64.52 Monthly 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 9,893.47 10,131.33 10,384.40 10,644.40 10,909.60 11,183.47 Annually 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 118,601.60 121,576.00 124,612.80 127,732.80 130,915.20 134,201.60 Associate Planner 11 4 304-004 Hourly 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 51.66 52.95 Monthly 7,170.80 7,349.33 7,5 33.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 Annually 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 Associate Planner 1 3 305-003 Hourly 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 Monthly 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 Annually 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 Assistant Planner 2 306-002 Hourly 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 Monthly 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 Annually 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 Planning Technician 1 307-001 Hourly 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 Monthly 5,075.20 5,201.73 5:331.73 5,465.20 -1600,40 5,740,80 -1,884,67 6,032,00 6,182,80 6,337:07 6,496.53 Annually 60,902.40 62:410.80 63,980.80 65,582:40 67,204.80 68,889.60 70,616.00 72,394.00 74,193.60 76,044.80 77,958.40 PAGE 3 OF 16 CITY OF TEMECULA SALARY SCHEDULE EFFECTIVE January 1, 2023 Adopted by City Council on December 13, 2022 Salary St ps MCP Only Class Family/Title Level CIa55 Code Time Base COMMUNITY DEVELOPMENT - SERVICES CommDev Processing Supervisor 4 320-004 Hourly 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 Monthly 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 Annually 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 Senior CommDev Technician 3 321-003 Hourly 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 Monthly 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 Annually 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 CommDev Technician 11 2 322-002 Hourly 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 Monthly 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 Annually 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 CommDev Technician 1 1 323-001 Hourly 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 Monthly 4,950.40 5,075.20 5,201.73 5,331.73 5,4612. 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 Annually 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 CITY CLERK Director of Legislative Affairs/City Clerk 8 500-009 Hourly 76.69 78.61 80.57 82.59 84.65 86.77 88.94 91.16 93.44 95.77 98.17 100.62 103.14 105.72 108.36 Monthly 13,292.93 13,625.73 13,96,547 14,315.60 14,672.67 15,040.13 15,416.27 15,801.07 16,196.27 16,600.13 17,016.13 17,440.80 17,877.60 18,324.80 18,782.40 Annually 159,515.20 163,508.80 167,585.60 171,787.20 176,072.00 180,481.60 184,995.20 189,612.80 194,355.20 199,201.60 204,193.60 209,289.60 214,531.20 219,897.60 225,388.80 Deputy City Clerk 7 501-007 Hourly 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 51.66 52.95 54.28 55.63 Monthly 6,82%3 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 Annually 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 Records Manager 6 510-006 Hourly 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 Monthly 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 71914.40 81112.00 8,314.80 8,522.80 8,736.00 Annually 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 Records Supervisor 4 511-004 Hourly 27.86 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 Monthly 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,894.67 6,032.00 6,182.80 Annually 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,394.00 74,193.60 Senior Records Coordinator 3 512-003 Hourly 25.24 25.88 26.52 27.19 27.86 28.56 29.28 30.01 30.76 31.53 32.31 Monthly 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 Annually 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 Records Coordinator 2 513-002 Hourly 22.87 23.44 24.03 24.63 25.24 25.88 26.52 27.19 27.86 28.56 29.28 Monthly 3,964.13 4,062.93 4,165.20 4,269.20 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 Annually 47,569.60 48,755.20 49,982.40 51,230.40 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 Records Technician 1 514-001 Hourly 20.72 21.24 21.77 22.31 22.87 23.44 24.03 24.63 2-1.24 25.88 26.52 Monthly 3,591.47 31681,60 3,773,47 3,867.07 3,964.13 4,062.93 4,165.20 4,269.20 4,374.93 4,485.87 4,596.80 Annually 43'097.60 44,179.20 45,281.60 46,404.80 47,569.60 48,755.20 49,982.40 51,230.40 52,499.20 53,830.40 55,161.60 CITY MANAGER City Manager(per Employment Contract) 9 100-009 Hourly 147.83 Monthly N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 2-1,623.87 Annually 307,486.40 Assistant City Manager 8 101-008 Hourly 95.11 97.49 99.93 102.43 104.99 107.61 110.30 113.06 115.89 118.78 121.75 124.80 127.92 131.12 134.39 Monthly 16,485.73 16,898.27 17,321.20 17,754.53 18,198.27 18,652.40 19,118.67 19,597.07 20,087.60 20,588.53 21,103.33 21,632.00 22,172.80 22,727.47 23,294.27 Annually 197,828.80 202,779.20 207,854.40 213,054.40 2-8,379.20 223,828.80 229,424.00 235,164.80 241,051.20 247,062.40 253,240.00 259,584.00 266,073.60 272,729.60 279,531.20 PAGE 4OF 16 CITY OF TEMECULA SALARY SCHEDULE EFFECTIVE January 1, 2023 Adopted by City Council on December 13, 2022 Class Family/Title Level CIa55 Code Time Base Salary Steps MCP Only 86.47 88.63 90.84 93.12 95.44 97.83 100.28 102.78 105.35 107.99 110.69 113.45 116.29 119.20 122.18 Deputy City Manager 8 102-008 Hourly Monthly 14,988.13 15,362.53 15,745.60 16,140.80 16,542.93 16,957.20 17,381.87 17,815.20 18,260.67 18,718.27 19,186.27 19,664.67 20,156.93 20,661.33 21,177.87 Annually 179,857.60 184,350.40 188,947.20 193,689.60 198,515.20 203,486.40 208,582.40 213,782.40 219,128.00 224,619.20 230,235.20 235,976.00 241,883.20 247,936.00 254,134.40 Assistant to the City Manager 8 103-008 Hourly 58.45 59.91 61.41 62.94 64.52 66.13 67.78 69.48 71.21 72.99 74.82 76.69 78.61 80.57 82.59 Monthly 10,131.33 10,384.40 10,644.40 10,909.60 11,183.47 11,462.53 11,748.53 12,043.20 12,343.07 12,651.60 12,968.80 13,292.93 13,625.73 13,965.47 14,315.60 Annually 121,576.00 124,612.80 127,732.80 130,915.20 134,201.60 137,550.40 140,982.40 144,518.40 148,116.80 151,819.20 155,625.60 159,515.20 163,508.80 167,585.60 171,787.20 Economic Development Manager 6 120-006 Hourly 52.95 54.28 55.63 57.02 58.45 59.91 61.41 62.94 64.52 66.13 67.78 69.48 71.21 72.99 74.82 Monthly 9,178.00 9,408.53 9,642.53 9,883.47 10,131.33 10,384.40 10,644.40 10,909.60 11,183.47 11,462.53 11,748.53 12,043.20 12,343.07 12,651.60 12,968.80 Annually 110,136.00 112,902.40 115,710.40 118,601.60 121,576.00 124,612.80 127,732.80 130,915.20 134,201.60 137,550.40 140,982.40 144,518.40 148,116.80 151,819.20 155,625.60 COMMUNITY SERVICES Director of Community Services 8 600-008 Hourly 76.69 78.61 80.57 82.59 84.65 86.77 88.94 91.16 93.44 95.77 98.17 100.62 103.14 105.72 108.36 Monthly 13,292.93 13,625.73 13,965.47 14,315.60 14,672.67 15,040.13 15,416.27 15,801.07 16,196.27 16,600.13 17,016.13 17,440.80 17,877.60 18,324.80 18,782.40 Annually 159,515.20 163,508.80 167,585.60 171,787.20 176,072.00 180,481.60 184,995.20 189,612.80 194,355.20 199,201.60 204,193.60 209,289.60 214,531.20 219,897.60 225,388.80 Asst Director of Community Services 7 601-007 Hourly 62.94 64.52 66.13 67.78 69.48 71.21 72.99 74.82 76.69 78.61 80.57 82.59 84.65 86.77 88.94 Monthly 10,909.60 11,183.47 11,462.53 11,748.53 12,043.20 12,343.07 12,651.60 12,968.80 13,292.93 13,625.73 13,965.47 14,315.60 14,672.67 15,040.13 15,416.27 Annually 130,915.20 134,201.60 137,550.40 140,982.40 144,518.40 148,116.80 151,819.20 155,625.60 159,515.20 163,508.80 167,585.60 171,787.20 176,072.00 180,481.60 184,995.20 Community Services Superintendent 6 602-006 Hourly 57.02 58.45 59.91 61.41 62.94 64.52 66.13 67.78 69.48 71.21 72.99 74.82 76,69 78.61 80.57 Monthly 9,883.47 10,131.33 10,384.40 10,644.40 10,909.60 11,183.47 11,462.53 11,748.53 12,043.20 12,343.07 12,651.60 12,968.80 13,292.93 13,625.73 13,965.47 Annually 118,601.60 121,576.00 124,612.80 127,732.80 130,915.20 134,201.60 137,550.40 140,982.40 144,518.40 148,116.80 151,819.20 155,625.60 159,515.20 163,508.80 167,585.60 Community Services Manager 5 603-005 Hourly 51.66 52.95 54.28 55.63 57.02 58.45 59.91 61.41 62.94 64.52 66.13 67.78 69.48 71.21 72.99 Monthly 8,954.40 9,178.00 9,408.53 9,642.53 9,883.47 10,131.33 10,384.40 10,644.40 10,909.60 11,183.47 11,462.53 11,748.53 12,043.20 12,343.07 12,651.60 Annually 107,452.80 110,136.00 112,902.40 115,710.40 118,601.60 121,576.00 124,612.80 127,732.80 130,915.20 134,201.60 137,550.40 140,982.40 144,518.40 148,116.80 151,819.20 Community Services Supervisor 11 4 610-004 Hourly 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 Monthly 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 Annually 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 Community Services Supervisor l 4 611-004 Hourly 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 Monthly 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 Annually 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 Community Services Coordinator 11 3 612-003 Hourly 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 Monthly 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,894.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 Annually 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 Community Services Coordinator l 3 613-003 Hourly 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 Monthly 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,894.67 6,032.00 6,182.80 6,337.07 Annually 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,394.00 74,193.60 76,044.80 Community Services Specialist 11 2 614-002 Hourly 25.88 26.52 27.19 27.86 28.56 29.28 30.01 30.76 31.53 32.31 33.12 Monthly 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 Annually 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 Community Services Specialist l 2 615-002 Hourly 24.63 25.24 25.88 26.52 27.19 27.86 28.56 29.28 30.01 30.76 31.53 Monthly 4,269.20 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 Annually 51,230.40 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 PAGE 5OF 16 CITY OF TEMECULA SALARY SCHEDULE EFFECTIVE January 1, 2023 Adopted by City Council on December 13, 2022 Class Family/Title Level CIa55 Code Time Base Salary Steps MCP Only 23.44 24.03 24.63 25.24 25.88 26.52 27.19 27.86 28.56 29.28 30.01 Community Services Assistant 1 616-001 Hourly Monthly 4,062.93 4,165.20 4,269.20 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 Annually 48,755.20 49,982.40 51,230.40 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 Senior Recreation Leader 1 617-001 Hourly 21.77 22.31 22.87 23.44 24.03 24.63 25.24 25.88 26.52 27.19 27.86 Monthly 3,773.47 3,867.07 3,964.13 4,062.93 4,165.20 4,269.20 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 Annually 45,281.60 46,404.80 47,569.60 48,755.20 49,982.40 51,230.40 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 Recreation Leader 1 618-001 Hourly 20.21 20.72 21.24 21.77 22.31 22.87 23.44 24.03 24.63 25.24 25.88 Monthly 3,503.07 3,591.47 3,681.60 3,773.47 3,867.07 3,964.13 4,062.93 4,165.20 4,269.20 4,374.93 4,485.87 Annually 42,036.80 43,097.60 44,179.20 45,281.60 46,404.80 47,569.60 48,755.20 49,982.40 51,230.40 52,499.20 53,830.40 Recreation Assistant 1 619-001 Hourly 18.77 19.24 19.72 20.21 20.72 21.24 21.77 22.31 22.87 23.44 24.03 Monthly 3,253.47 3,334.93 3,418.13 3,503.07 3,591.47 3,681.60 3,773.47 3,867.07 3,964.13 4,062.93 4,165.20 Annually 39,041.60 40,019.20 41,017.60 42,036.80 43,097.60 44,179.20 45,281.60 46,404.80 47,569.60 48,755.20 49,982.40 COMMUNITY SERVICES - AQUATICS Aquatics Supervisor ll 4 620-004 Hourly 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 Monthly 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 Annually 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 Aquatics Supervisor l 4 621-004 Hourly 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 Monthly 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 Annually 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 Aquatics Coordinator 3 622-003 Hourly 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 Monthly 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 Annually 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 Lead Lifeguard 2 623-002 Hourly 21.77 22.31 22.87 23.44 24.03 24.63 25.24 25.88 26.52 27.19 27.86 Monthly 3,773.47 3,867.07 3,964.13 4,062.93 4,165.20 4,269.20 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 Annually 45,281.60 46,404.80 47,569.60 48,755.20 49,982.40 51,230.40 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 Senior Lifeguard 1 624-001 Hourly 20.21 20.72 21.24 21.77 22.31 22.87 23.44 24.03 24.63 25.24 25.88 Monthly 3,503.07 3,591.47 3,681.60 3,773.47 3,867.07 3,964.13 4,062.93 4,165.20 4,269.20 4,374.93 4,485.87 Annually 42,036.80 43,097.60 44,179.20 45,281.60 46,404.80 47,569.60 48,755.20 49,982.40 51,230.40 52,499.20 53,830.40 Lifeguard 1 625-001 Hourly 18.77 19.24 19.72 20.21 20.72 21.24 21.77 22.31 22.87 23.44 24.03 Monthly 3,253.47 3,334.93 3,418.13 3,503.07 3,591.47 3,681.60 3,773.47 3,867.07 3,964.13 4,062.93 4,165.20 Annually 39,041.60 40,019.20 41,017.60 42,036.80 43,097.60 44,179.20 45,281.60 46,404.80 47,569.60 48,755.20 49,982.40 Water Safety Instructor 1 626-001 Hourly 18.77 19.24 19.72 20.21 20.72 21.24 21.77 22.31 22.87 23.44 24.03 Monthly 3,253.47 3,334.93 3,418.13 3,503.07 3,591.47 3,681.60 3,773.47 3,867.07 3,964.13 4,062.93 4,165.20 Annually 39,041.60 40,019.20 41,017.60 42,036.80 43,097.60 44,179.20 45,281.60 46,404.80 47,569.60 48,755.20 49,982.40 COMMUNITY SERVICES - DAY CAMP Day Camp Director 1 654-001 Hourly 22.87 23.44 24.03 24.63 25.24 25.88 26.52 27.19 27.86 28.56 29.28 Monthly 3,964.13 4,062.93 4,165.20 4,269.20 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 Annually 47,569.60 48,755.20 49,982.40 51,230.40 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 Assistant Day Camp Director 1 655-001 Hourly 20.72 21.24 21.77 22.31 22.87 23.44 24.03 24.63 25.24 25.88 26.52 Monthly 3,591.47 3,681.60 3,773.47 3,867.07 3,964.13 4,062.93 4,165.20 4,269.20 4,374.93 4,485.87 4,596.80 Annually 43,097.60 44,179.20 45,281.60 46,404.80 47,569.60 48,755.20 49,982.40 51,230.40 52,499.20 53,830.40 55,161.60 PAGE 6 OF 16 CITY OF TEMECULA SALARY SCHEDULE EFFECTIVE January 1, 2023 Adopted by City Council on December 13, 2022 Class Family/Title Level Class Code Time Base COMMUNITY SERVICES - THEATER Theater Technical Coordinator 11 3 640-003 Hourly 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 Monthly 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 Annually 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 Theater Technical Coordinator l 3 641-003 Hourly 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 Monthly 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 Annually 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 Theater Technical Specialist 11 2 642-002 Hourly 25.88 26.52 27.19 27.86 28.56 29.28 30.01 30.76 31.53 32.31 33.12 Monthly 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 Annually 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 Theater Technical Specialist 1 2 643-002 Hourly 24.63 25.24 25.88 26.52 27.19 27.86 28.56 29.28 30.01 30.76 31.53 Monthly 4,269.20 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 Annually 51,230.40 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 Theater Technical Assistant 1 644-001 Hourly 22.31 22.87 23.44 24.03 24.63 25.24 25.88 26.52 27.19 27.86 28.56 Monthly 3,867.07 3,964.13 4,062.93 4,165.20 4,269.20 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 Annually 46,404.80 47,569.60 48,755.20 49,982.40 51,230.40 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 FINANCE Director of Finance 8 200-008 Hourly 78.61 80.57 82.59 84.65 86.77 88.94 91.16 93.44 95.77 98.17 100.62 103.14 105.72 108.36 111.07 Monthly 13,625.73 13,965.47 14,315.60 14,672.67 15,040.13 15,416.27 15,801.07 16,196.27 16,600.13 17,016.13 17,440.80 17,877.60 18,324.80 18,782.40 19,252.13 Annually 163,508.80 167,585.60 171,787.20 176,072.00 180,481.60 184,995.20 189,612.80 194,355.20 199,201.60 204,193.60 209,289.60 214,531.20 219,897.60 225,388.80 231,025.60 Assistant Director of Finance 7 201-007 Hourly 64.52 66.13 67.78 69.48 71.21 72.99 74.82 76.69 78.61 80.57 82.59 84.65 86.77 88.94 91.16 Monthly 11,183.47 11,462.53 11,748.53 12,043.20 12,343.07 12,651.60 12,968.80 13,292.93 13,625.73 13,965.47 14,315.60 14,672.67 15,040.13 15,416.27 15,801.07 Annually 134,201.60 137,550.40 140,982.40 144,518.40 148,116.80 151,819.20 155,625.60 159,515.20 163,508.80 167,585.60 171,787.20 176,072.00 180,481.60 184,995.20 189,612.80 Fiscal Services Manager 6 202-006 Hourly 52.95 54.28 55.63 57.02 58.45 59.91 61.41 62.94 64.52 66.13 67.78 69.48 71.21 72.99 74.82 Monthly 9,178.00 9,408.53 9,642.53 9,883.47 10,131.33 10,384.40 10,644.40 10,909.60 11,183.47 11,462.53 11,748.53 12,043.20 12,343.07 12,651.60 12,968.80 Annually 110,136.00 112,902.40 115,710.40 118,601.60 121,576.00 124,612.80 127,732.80 130,915.20 134,201.60 137,550.40 140,982.40 144,518.40 148,116.80 151,819.20 155,625.60 Finance Manager 5 204-005 Hourly 45.66 46.80 47.97 49.17 50.40 51.66 52.95 54.28 55.63 57.02 58.45 59.91 61.41 62.94 64.52 Monthly 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 9,883.47 10,131.33 10,384.40 10,644.40 10,909.60 11,183.47 Annually 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 118,601.60 121,576.00 124,612.80 127,732.80 130,915.20 134,201.60 FINANCE -ACCOUNTING Senior Accountant 4 240-004 Hourly 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 51.66 52.95 54.28 55.63 57.02 58.45 Monthly 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 9,883.47 10,131.33 Annually 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 118,601.60 121,576.00 Accountant 11 3 241-003 Hourly 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 51.66 52.95 Monthly 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 Annually 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 Accountant 1 3 242-003 Hourly 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 Monthly 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 Annually 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 PAGE 7OF 16 CITY OF TEMECULA SALARY SCHEDULE EFFECTIVE January 1, 2023 Adopted by City Council on December 13, 2022 Class Family/Title Level Class Code Time Base FINANCE- ACCOUNTING SUPPORT Accounting Support Supervisor 4 250-004 Hourly 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 Monthly 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 Annually 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 Senior Accounting Technician 3 251-003 Hourly 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 Monthly 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 Annually 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 Accounting Technician 11 2 252-002 Hourly 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 Monthly 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,894.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 Annually 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,394.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 Accounting Technician l 2 253-002 Hourly 27.86 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 Monthly 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,894.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 Annually 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 Accounting Assistant 1 254-001 Hourly 25.24 25.88 26.52 27.19 27.86 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 Monthly 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 Annually 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902A0 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 Cashier 1 230-001 Hourly 25.24 25.88 26.52 27.19 27.86 28.56 29.28 30.01 30.76 31.53 32.31 Monthly 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 Annually 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 FINANCE - BUSINESS LICENSE Business License Supervisor 4 260-004 Hourly 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 Monthly 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 Annually 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 Senior Business License Technician 3 261-003 Hourly 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 Monthly 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 Annually 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 Business License Technician 2 262-002 Hourly 27.86 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 Monthly 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,894.67 6,032.00 6,182.80 Annually 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 Business License Assistant 1 263-001 Hourly 25.24 25.88 26.52 27.19 27.86 28.56 29.28 30.01 30.76 31.53 32.31 Monthly 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 Annually 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 FINANCE - PAYROLL on I Payroll Manager 5 220-005 Hourly 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 51.66 52.95 54.28 55.63 57.02 58.45 59.91 Monthly 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 9,883.47 10,131.33 10,38-4.40 Annually 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 118,601.60 121,576.00 124,612.80 Payroll Administrator 4 222-004 Hourly 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 51.66 52.95 5.4.28 Monthly 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 Annually 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 PAGE 8OF 16 CITY OF TEMECULA SALARY SCHEDULE EFFECTIVE January 1, 2023 Adopted by City Council on December 13, 2022 Class Family/Title Level CIa55 Code Time Base Salary St ps MCP Only 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 51.66 Payroll Supervisor 4 221-004 Hourly Monthly 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 Annually 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 Senior Payroll Coordinator 3 223-003 Hourly 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 Monthly 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 Annually 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 Payroll Coordinator 2 224-002 Hourly 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 Monthly 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 Annually 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 Payroll Technician 1 225-001 Hourly 27.19 27.86 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 Monthly 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,894.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 Annually 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,394.00 74,193.60 76,044.80 77,958.40 79,892.80 FINANCE -PURCHASING Purchasing Manager 5 203-005 Hourly 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 51.66 52.95 54.28 55.63 Monthly 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 Annually 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 Purchasing Supervisor 4 204-004 Hourly 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 Monthly 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 Annually 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 Senior Buyer 3 205-003 Hourly 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 Monthly 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 Annually 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 Buyer II 2 206-002 Hourly 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 Monthly 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,894.67 6,032.00 6,182.80 6,337.07 6,496.53 Annually 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,394.00 74,193.60 76,044.80 77,958.40 Buyer 1 2 207-002 Hourly 27.86 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 Monthly 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,894.67 6,032.00 6,182.80 Annually 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,394.00 74,193.60 Purchasing Assistant 1 208-001 Hourly 25.24 25.88 26.52 27.19 27.86 28.56 29.28 30.01 30.76 31.53 32.31 Monthly 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 Annually 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 FIRE Field Supervisor - Fire 4 353-004 Hourly 51.66 52.95 54.28 55.63 57.02 58.45 59.91 61.41 62.94 64.52 66.13 Monthly 8,954.40 9,178.00 9,408.53 9,642.53 9,883.47 10,131.33 10,384.40 10,644.40 10,909.60 11,183.47 11,462.53 Annually 107,452.80 110,136.00 112,902.40 115,710.40 118,601.60 121,576.00 124,612.80 127,732.80 130,915.20 134,201.60 137,550.40 Senior Fire Inspector 4 350-003 Hourly 46.80 47.97 49.17 50.40 51.66 52.95 54.28 55.63 57.02 58.45 59.91 Monthly 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 9,883.47 10,131.33 10,394.40 Annually 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 118,601.60 121,576.00 124,612.80 PAGE 9OF 16 CITY OF TEMECULA SALARY SCHEDULE EFFECTIVE January 1, 2023 Adopted by City Council on December 13, 2022 Class Family/Title Level CIa55 Code Time Base Salary Steps MCP Only Fire Inspector ll 2 351-002 Hourly 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 51.66 52.95 54.28 Monthly 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 Annually 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 Fire Inspector 1 352-001 Hourly 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 Monthly 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 Annually 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 HUMAN RESOURCES Director of HR/Risk Management 8 800-008 Hourly 76.69 78.61 80.57 82.59 84.65 86.77 88.94 91.16 93.44 95.77 98.17 100.62 103.14 105.72 108.36 Monthly 13,292.93 13,625.73 13,965.47 14,315.60 14,672.67 15,040.13 15,416.27 15,801.07 16,196.27 16,600.13 17,016.13 17,440.80 17,877.60 18,324.80 18,782.40 Annually 159,515.20 163,508.80 167,585.60 171,787.20 176,072.00 180,481.60 184,995.20 189,612.80 194,355.20 199,201.60 204,193.60 209,289.60 214,531.20 219,897.60 225,388.80 Asst Director of HR/Risk Management 7 801-007 Hourly 59.91 61.41 62.94 64.52 66.13 67.78 69.48 71.21 72.99 74.82 76.69 78.61 80.57 82.59 84.65 Monthly 10,384.40 10,644.40 10,909.60 11,183.47 11,462.53 11,748.53 12,043.20 12,343.07 12,651.60 12,968.80 13,292.93 13,625.73 13,965.47 14,315.60 14,672.67 Annually 124,612.80 127,732.80 130,915.20 134,201.60 137,550.40 140,982.40 144,518.40 148,116.80 151,819.20 155,625.60 159,515.20 163,508.80 167,585.60 171,787.20 176,072.00 HR Supervisor 4 804-004 Hourly 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 Monthly 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 Annually 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 Senior HR Technician 3 805-003 Hourly 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 Monthly 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 Annually 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 HR Technician ll 2 806-002 Hourly 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 Monthly 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 Annually 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 HR Technician 2 807-002 Hourly 27.19 27.86 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 Monthly 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 Annually 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,394.00 74,193.60 76,044.80 77,958.40 79,892.80 HR Assistant 1 808-001 Hourly 24.63 25.24 25,88 26.52 27.19 27.86 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34,80 Monthly 4,269.20 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 Annually 51,230.40 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 INFORMATION TECHNOLOGY Director of IT/Support Services 8 700-008 Hourly 76.69 78.61 80.57 82.59 84.65 86.77 88.94 91.16 93.44 95.77 98.17 100.62 103.14 105.72 108.36 Monthly 13,292.93 13,625.73 13,965.47 14,315.60 14,672.67 15,040.13 15,416.27 15,801.07 16,196.27 16,600.13 17,016.13 17,440.80 17,877.60 18,324.80 18,782.40 Annually 159,515.20 163,508.80 167,585.60 171,787.20 176,072.00 180,481.60 184,995.20 189,612.80 194,355.20 199,201.60 204,193.60 209,289.60 214,531.20 219,897.60 225,388.80 Asst Director of IT/Support Services 7 701-007 Hourly 62.94 64.52 66.13 67.78 69.48 71.21 72.99 74.82 76.69 78.61 80.57 82.59 84.65 86.77 88.94 Monthly 10,909.60 11,183.47 11,462.53 11,748.53 12,043.20 12,343.07 12,651.60 12,968.80 13,292.93 13,625.73 13,965.47 14,315.60 14,672.67 15,040.13 15,416.27 Annually 130,915.20 134,201.60 137,550.40 140,982.40 144,518.40 148,116.80 151,819.20 155,625.60 159,515.20 163,508.80 167,585.60 171,787.20 176,072.00 180,481.60 184,995.20 IT Manager 6 702-006 Hourly 57.02 58.45 59.91 61.41 62.94 64.52 66.13 67.78 69.48 71.21 72.99 74.82 76.69 78.61 80.57 Monthly 9,883.47 10,131.33 10,384.40 10,644,40 10,909.60 11,183.47 11,462.53 11,748.53 12,043.20 12,343.07 12,651.60 12,968.80 13,292.93 13,625.73 13,965.47 Annually 118,601.60 121,576.00 124,612.80 127,732.80 130,915.20 134,201.60 137,550.40 140,952.40 144,518.40 148,116.80 151,819.20 155,625.60 159,515.20 163,508.80 167,585.60 PAGE 10 OF 16 CITY OF TEMECULA SALARY SCHEDULE EFFECTIVE January 1, 2023 Adopted by City Council on December 13, 2022 Class Family/Title Level CIa55 Code Time Base Salary Steps M �MC�� IT Administrator 5 703-005 Hourly 51.66 52.95 54.28 55.63 57.02 58.45 59.91 61.41 62.94 64.52 66.13 67.78 69.48 71.21 72.99 Monthly 8,954.40 9,178.00 9,408.53 9,642.53 9,883.47 10,131.33 10,384.40 10,644.40 10,909.60 11,183.47 11,462.53 11,748.53 12,043.20 12,343.07 12,651.60 Annually 107,452.80 110,136.00 112,902.40 115,710.40 118,601.60 121,576.00 124,612.80 127,732.80 130,915.20 134,201.60 137,550.40 140,982.40 144,518.40 148,116.80 151,819.20 ITSupervisor 4 704-004 Hourly 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 51.66 52.95 54.28 55.63 Monthly 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 Annually 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 Senior IT Specialist 3 705-003 Hourly 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 Monthly 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 81112.00 8,314.80 8,522.80 8,736.00 Annually 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 ITSpecialistll 2 706-002 Hourly 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 Monthly 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 Annually 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 ITSpecialistl 2 707-002 Hourly 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 Monthly 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 Annually 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 ITTechnician II 1 708-001 Hourly 27.86 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 Monthly 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 Annually 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 IT Technician 1 709-001 Hourly 26.52 27.19 27.86 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 Monthly 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,894.67 6,032.00 6,182.80 6,337.07 6,496.53 Annually 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 MEDIA/MARKETING Multimedia Coordinator 3 921-004 Hourly 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 Monthly 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 Annually 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 Multimedia Specialist II 2 922-003 Hourly 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 Monthly 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 Annually 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 Multimedia Specialist 1 2 923-002 Hourly 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 Monthly 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 Annually 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 Multimedia Assistant 1 924-001 Hourly 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 Monthly 4,950.40 5,075.20 5,20,.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 Annually 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 PUBLIC WORKS Director of PW/City Engineer 8 400-008 Hourly 78.61 80.57 82.59 84.65 86.77 88.94 91.16 93.44 95.77 98.17 100.62 103.14 105.72 108.36 111.07 Monthly 13,625.73 13,965.47 14,315.60 14,672.67 15,040.13[15 ,416.27 15,801.07 16,196.27 16,600.13 17,016.13 17440.8017,877.60 18,32480 18,782.40 19,252.13 Annually 163,508.80 167,585.60 171,787.20 176,072.00 180481.6094,995.20 189,612.80 194,355.20 199,201.60 204,193.60 209,289.60 214,531.20 219,897.60 225,388.80 231,025.60 PAGE 11 OF 16 CITY OF TEMECULA SALARY SCHEDULE EFFECTIVE January 1, 2023 Adopted by City Council on December 13, 2022 Class Family /Title Level Class Code Time Base r r PUBLIC WORKS -CUSTODIAL Custodian II 2 460-002 Hourly 19.24 19.72 20.21 20.72 21.24 21.77 22.31 22.87 23.44 24.03 24.63 Monthly 3,334.93 3,418.13 3,503.07 3,591.47 3,681.60 3,773.47 3,867.07 3,964.13 4,062.93 4,165.20 4,269.20 Annually 40,019.20 41,017.60 42,036.80 43,097.60 44,179.20 45,281.60 46,404.80 47,569.60 48,755.20 49,982.40 51,230.40 Custodian 1 1 461-001 Hourly 17.43 17.87 18.31 18.77 19.24 19.72 20.21 20.72 21.24 21.77 22.31 Monthly 3,021.20 3,097.47 3,173.73 3,253.47 3,334.93 3,418.13 3,503.07 3,591.47 3,681.60 3,773.47 3,867.07 Annually 36,254.40 37,169.60 38,084.80 39,041.60 40,019.20 41,017.60 42,036.80 43,097.60 44,179.20 45,281.60 46,404.80 PUBLIC WORKS - ENGINEERING Engineering Manager 7 401-007 Hourly 66.13 67.78 69.48 71.21 72.99 74.82 76.69 78.61 80.57 82.59 84.65 86.77 88.94 91.16 93.44 Monthly 11,462.53 11,748.53 12,043.20 12,343.07 12,651.60 12,968.80 13,292.93 13,625.73 13,965.47 14,315.60 14,672.67 15,040.13 15,416.27 15,801.07 16,196.27 Annually 137,550.40 140,982.40 144,518.40 148,116.80 151,819.20 155,625.60 159,515.20 163,508.80 167,585.60 171,787.20 176,072.00 180,481.60 184,995.20 189,612.80 194,355.20 Principal Civil Engineer 6 402-006 Hourly 59.91 61.41 62.94 64.52 66.13 67.78 69.48 71.21 72.99 74.82 76.69 78.61 80.57 82.59 84.65 Monthly 10,384.40 10,644.40 10,909.60 11,183.47 11,462.53 11,748.53 12,043.20 12,343.07 12,651.60 12,968.80 13,292.93 13,625.73 13,965.47 14,315.60 14,672.67 Annually 124,612.80 127,732.80 130,915.20 134,201.60 137,550.40 140,982.40 144,518.40 148,116.80 151,819.20 155,625.60 159,515.20 163,508.80 167,585.60 171,787.20 176,072.00 Senior Civil Engineer 5 403-005 Hourly 54.28 55.63 57.02 58.45 59.91 61.41 62.94 64.52 66.13 67.78 69.48 71.21 72.99 74.82 76.69 Monthly 9,408.53 9,642.53 9,883.47 10,131.33 10,384.40 10,644.40 10,909.60 11,183.47 11,462.53 11,748.53 12,043.20 12,343.07 12,651.60 12,968.80 13,292.93 Annually 112,902.40 115,710.40 118,601.60 121,576.00 124,612.80 127,732.80 130,915.20 134,201.60 137,550.40 140,982.40 144,518.40 148,116.80 151,819.20 155,625.60 159,515.20 Associate Civil Engineer 4 404-004 Hourly 47.97 49.17 50.40 51.66 52.95 54.28 55.63 57.02 58.45 59.91 61.41 Monthly 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 9,893.47 10,131.33 10,394.40 10,644.40 Annually 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 118,601.60 121,576.00 124,612.80 127,732.80 Associate Engineer II 4 405-004 Hourly 45.66 46.80 47.97 49.17 50.40 51.66 52.95 54.28 55.63 57.02 58.45 Monthly 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 9,893.47 10,131.33 Annually 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 118,601.60 121,576.00 Associate Engineer 1 3 406-003 Hourly 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 51.66 52.95 Monthly 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 Annually 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 Assistant Engineer 11 2 407-002 Hourly 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 Monthly 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 Annually 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 Assistant Engineer 1 2 408-002 Hourly 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 Monthly 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 Annually 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 Engineering Technician 11 1 409-001 Hourly 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 Monthly 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,9:5.73 7,170.80 Annually 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 Engineering Technician l 1 410-001 Hourly 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 Monthly 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 Annually 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 PAGE 12 OF 16 CITY OF TEMECULA SALARY SCHEDULE EFFECTIVE January 1, 2023 Adopted by City Council on December 13, 2022 Class Family/Title Level Class Code Time Base PUBLIC WORKS - INSPECTIONS Construction Manager 4 415-004 Hourly 49.17 50.40 51.66 52.95 54.28 55.63 57.02 58.45 59.91 61.41 62.94 Monthly 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 9,883.47 10,131.33 10,384.40 10,644.40 10,909.60 Annually 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 118,601.60 121,576.00 124,612.80 127,732.80 130,915.20 Supervising PW Inspector 4 420-004 Hourly 43.46 44.55 45.66 46.80 47.97 49.17 50.40 51.66 52.95 54.28 55.63 Monthly 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 Annually 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 Senior PW Inspector 3 421-003 Hourly 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 Monthly 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 Annually 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 PW Inspector II 2 422-002 Hourly 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 Monthly 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 Annually 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 PW Inspector 1 1 423-001 Hourly 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 Monthly 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 Annually 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 PUBLIC WORKS - MAINTENANCE Maintenance Manager 7 430-007 Hourly 58.45 59.91 61.41 62.94 64.52 66.13 67.78 69.48 71.21 72.99 74.82 76.69 78.61 80.57 82.59 Monthly 10,131.33 10,384.40 10,644.40 10,909.60 11,183.47 11,462.53 11,748.53 12,043.20 12,343.07 12,651.60 12,968.80 13,292.93 13,625.73 13,965.47 14,315.60 Annually 121,576.00 124,612.80 127,732.80 130,915.20 134,201.60 137,550.40 140,982.40 144,518.40 148,116.80 151,819.20 155,625.60 159,515.20 163,508.80 167,585.60 171,787.20 Maintenance Superintendent 6 431-006 Hourly 52.95 54.28 55.63 57.02 58.45 59.91 61.41 62.94 64.52 66.13 67.78 69.48 71.21 72.99 74.82 Monthly 9,178.00 9,408.53 9,642.53 9,883.47 10,131.33 10,384.40 10,644.40 10,909.60 11,183.47 11,462.53 11,748.53 12,043.20 12,343.07 12,651.60 12,968.80 Annually 110,136.00 112,902.40 115,710.40 118,601.60 121,576.00 124,612.80 127,732.80 130,915.20 134,201.60 137,550.40 140,982.40 144,518.40 148,116.80 151,819.20 155,625.60 PUBLIC WORKS - LANDSCAPE Maintenance Supervisor - Landscape 5 443-005 Hourly 43.46 44.55 45.66 46.80 47.97 49.17 50.40 51.66 52.95 54.28 55.63 57.02 58.45 59.91 61.41 Monthly 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 9,883.47 10,131.33 10,384.40 10,644.40 Annually 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 118,601.60 121,576.00 124,612.80 127,732.80 Field Supervisor - Landscape 4 444-004 Hourly 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 Monthly 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 Annually 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 Senior Landscape Inspector 3 440-003 Hourly 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 Monthly 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 Annually 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 Landscape Inspector II 2 441-002 Hourly 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 Monthly 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 Annually 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 Landscape Inspector 1 1 442-001 Hourly 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 Monthly 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,894.67 6,032.00 6,182.80 6,337.07 6,496.53 Annually 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,394.00 74,193.60 76,044.80 77,958.40 PAGE 13 OF 16 CITY OF TEMECULA SALARY SCHEDULE EFFECTIVE January 1, 2023 Adopted by City Council on December 13, 2022 Class Family/Title Level Class Code Time Base PUBLIC WORKS - PARK ATTENDANT Supervising Park Attendant 4 490-004 Hourly 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 Monthly 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 Annually 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 Park Attendant III 3 491-003 Hourly 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 Monthly 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 Annually 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 Park Attendamll 2 492-002 Hourly 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 Monthly 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 Annually 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 Park Attendant) 1 493-001 Hourly 27.86 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 Monthly 4,829.07 41950.40 5,075.20 5,201.73 5,331.73 51465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 Annually 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 PUBLIC WORKS-STREETS/PARKS Maintenance Supervisor - Streets/Parks 5 432-005 Hourly 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 51.66 52.95 54.28 55.63 57.02 Monthly 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 91178.00 91408.53 9,642.53 9,883.47 Annually 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 130,136.00 112,902.40 115,710.40 118,601.60 Field Supervisor - Streets/Parks 4 433-004 Hourly 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 Monthly 5,331.73 5,465.20 5,600.40 5,740.80 5,894.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 Annually 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 Lead Maintenance Worker - Streets/Parks 3 434-003 Hourly 27.86 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 Monthly 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,894.67 6,032.00 6,182.80 Annually 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 Maintenance Worker ll- Streets/Parks 2 435-002 Hourly 25.24 25.88 26.52 27.19 27.86 28.56 29.28 30.01 30.76 31.53 32.31 Monthly 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 Annually 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 Maintenance Worker I - Streets/Parks 1 436-001 Hourly 22.87 23.44 24.03 24.63 2-1.24 25.88 26.52 27.19 27.86 28.56 29.28 Monthly 3,964.13 41062.93 4,165.20 4,269.20 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 Annually 47,569.60 48,755.20 49,982.40 51,230.40 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 PUBLIC WORKS - FACILITIES Maintenance Supervisor - Facilities 5 432-005 Hourly 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 51.66 52.95 54.28 55.63 57.02 Monthly 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 9,883.47 Annually 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 1021273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 118,601.60 Field Supervisor - Facilities 4 472-004 Hourly 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 Monthly 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 Annually 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 Lead Maintenance Worker - Facilities 3 473-003 Hourly 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 Monthly 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 Annually 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 PAGE 140F 16 CITY OF TEMECULA SALARY SCHEDULE EFFECTIVE January 1, 2023 Adopted by City Council on December 13, 2022 Class Family/Title Level CIa55 Code Time Base Salary Steps MCP Only 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 Maintenance Worker 11-Facilities 2 474-002 Hourly Monthly 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 Annually 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 Maintenance Worker I - Facilities 1 475-001 Hourly 27.19 27.86 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 Monthly 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 Annually 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 PUBLIC WORKS -TRADES Maintenance Supervisor - Trades 5 482-005 Hourly 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 51.66 52.95 54.28 55.63 57.02 58.45 59.91 Monthly 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 9,883.47 10,131.33 10,384.40 Annually 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 118,601.60 121,576.00 124,612.80 Field Supervisor - Trades 4 483-004 Hourly 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 Monthly 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 Annually 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 Lead Maintenance Worker - Trades 3 484-003 Hourly 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 Monthly 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 Annually 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 Maintenance Worker 11-Trades 2 485-002 Hourly 31.53 32.31 33.12 33.95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 Monthly 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 Annually 65,582.40 67,204.80 68,889.60 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 Maintenance Worker I - Trades 1 486-001 Hourly 28.56 29.28 30.01 30.76 31.53 32.31 33.12 33.95 34.80 35.67 36.56 Monthly 4,950.40 -1,075.2. 5,201.73 5,331.73 5,465.20 5,600.40 5,740.80 5,884.67 6,032.00 6,182.80 6,337.07 Annually 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 67,204.80 68,889.60 70,6186.00 72,384.00 74,193.60 76,044.80 PUBLIC WORKS - TRAFFIC SIGNALS Maintenance Supervisor - Signals 5 453-005 Hourly 47.97 49.17 50.40 51.66 52.95 54.28 55.63 57.02 58.45 59.91 61.41 62.94 64.52 66.13 67.78 Monthly 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 9,883.47 10,131.33 10,384.40 10,644.40 10,909.60 11,183.47 11,462.53 11,748.53 Annually 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 118,601.60 121,576.00 124,612.80 127,732.80 130,915.20 134,201.60 137,550.40 140,982.40 Field Supervisor - Signals 4 454-004 Hourly 43.46 44.55 45.66 46.80 47.97 49.17 50.40 51.66 52.95 54.28 55.63 Monthly 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 8,954.40 9,178.00 9,408.53 9,642.53 Annually 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 107,452.80 110,136.00 112,902.40 115,710.40 Senior Signal Technician 3 450-003 Hourly 39.37 40.36 41.37 42.40 43.46 44.55 45.66 46.80 47.97 49.17 50.40 Monthly 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 8,112.00 8,314.80 8,522.80 8,736.00 Annually 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 97,344.00 99,777.60 102,273.60 104,832.00 Signal Technician ll 2 451-002 Hourly 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 44.55 45.66 Monthly 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 7,722.00 7,914.40 Annually 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86,049.60 88,192.00 90,396.80 92,664.00 94,972.80 Signal Technician l 2 452-002 Hourly 33,95 34.80 35.67 36.56 37.48 38.41 39.37 40.36 41.37 42.40 43.46 Monthly 5,884.67 6,032.00 6,182.80 6,337.07 6,496.53 6,657.73 6,824.13 6,995.73 7,170.80 7,349.33 7,533.07 Annually 70,616.00 72,384.00 74,193.60 76,044.80 77,958.40 79,892.80 81,889.60 83,948.80 86:049.60 88,192.00 90,396.80 PAGE 15 OF 16 CITY OF TEMECULA SALARY SCHEDULE EFFECTIVE January 1, 2023 Adopted by City Council on December 13, 2022 Salary St ps MCP Only Class Family/Title Level CIa55 Code Time Base SUPPORT SERVICES Support Services Supervisor 4 720-004 Hourly 24.63 25.24 25.88 26.52 27.19 27.86 28.56 29.28 30.01 30.76 31.53 Monthly 4,269.20 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 5,075.20 5,201.73 5,331.73 5,465.20 Annually 51,230.40 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 60,902.40 62,420.80 63,980.80 65,582.40 Senior Support Services Technician 3 721-003 Hourly 22.31 22.87 23.44 24.03 24.63 25.24 25.88 26.52 27.19 27.86 28.56 Monthly 3,867.07 3,964.13 4,062.93 4,165.20 4,269.20 4,374.93 4,485.87 4,596.80 4,712.93 4,829.07 4,950.40 Annually 46,404.80 47,569.60 48,755.20 49,982.40 51,230.40 52,499.20 53,830.40 55,161.60 56,555.20 57,948.80 59,404.80 Support Services Technician 2 722-002 Hourly 20.21 20.72 21.24 21.77 22.31 22.87 23.44 24.03 24.63 25.24 25.88 Monthly 3,503.07 3,591.47 3,681.60 3,773.47 3,867.07 3,964.13 4,062.93 4,165.20 4,269.20 4,374.93 4,485.87 Annually 42,036.80 43,097.60 44,179.20 45,281.60 46,404.80 47,569.60 48,755.20 49,982.40 51,230.40 52,499.20 53,830.40 Support Services Assistant 1 723-001 Hourly 18.31 18.77 19.24 19.72 20.21 20,72 21.24 21.77 22.31 22.87 23.44 Monthly 3,173.73 3,253.47 3,334.93 3,418.13 3,503.07 3,591.47 3,681.60 3,773.47 3,867.07 3,964.13 4,062.93 Annually 38,084.80 39,041.60 40,019.20 41,017.60 42,036.80 43,097.60 44,179.20 45,281.60 46,404.80 47,569.60 48,755.20 PAGE 160F 16 Item No. 5 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Isaac Garibay, Director of Human Resources and Risk Management DATE: December 13, 2022 SUBJECT: Adopt Amended and Restated City of Temecula Section 125 Cafeteria Plan and Adoption Agreement PREPARED BY: Nicole Collins, Senior Human Resources Analyst RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE AMENDED AND RESTATED CITY OF TEMECULA SECTION 125 CAFETERIA PLAN AND THE AMENDED AND RESTATED SECTION 125 CAFETERIA PLAN ADOPTION AGREEMENT BACKGROUND: The City Council originally adopted the City of Temecula Flexible Benefits Plan document on September 18, 1990, to provide a benefit plan compliant with Internal Revenue Code Section 125. The plan includes Healthcare Flexible Spending Accounts, a Dependent Care Assistance Program, and group health, dental and vision insurance for eligible employees. The Amendment being recommended by staff is only an administrative update to be in compliance with IRS regulations, and does not enhance or reduce any benefits provided to City employees by the City. The amended and restated Adoption Agreement and Plan Document have been revised as follows: A. To update the maximum carryover amount for the Healthcare Flexible Spending Account to 20% of the maximum amount permitted under Code § 125(i) in accordance with the IRS change; B. To establish eligible opt out arrangement requirements for employees receiving cash in lieu of City -sponsored health insurance; C. To incorporate terms consistent with applicable memoranda of understanding, compensation plans, policies, resolutions, contracts, and City practice throughout the Plan Document; D. To incorporate a claims substantiation procedure and appeals procedure consistent with third -party administrator Ameriflex for the Healthcare Flexible Spending Account and Dependent Care Assistance Program; and E. To retroactively adopt amendments for plan year 2021 pursuant to the Consolidated Appropriations Act of 2021 for the COVID-19 flexible changes, including: 1) To allow prospective mid -year election changes for the Healthcare Flexible Spending Account and Dependent Care Assistance Program; 2) To incorporate an unlimited carryover of unused Healthcare Flexible Spending Account funds; 3) To extend the grace period for Dependent Care Assistance Program Extended Grace Period/Claims Extension Period; and 4) To allow the Spend Down of Healthcare Flexible Spending Account once participation has ceased. Approval of the Adoption Agreement and Plan Document will provide the framework for staff to take such actions that are deemed necessary and proper in order to implement the Plan, and to setup adequate accounting and administrative procedures to provide employee benefits under the Plan. FISCAL IMPACT: None. ATTACHMENTS: 1. Resolution 2. Section 125 Cafeteria Plan Document 3. Section 125 Cafeteria Plan Adoption Agreement RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE AMENDED AND RESTATED CITY OF TEMECULA SECTION 125 CAFETERIA PLAN AND THE AMENDED AND RESTATED SECTION 125 CAFETERIA PLAN ADOPTION AGREEMENT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council adopted the City of Temecula Flexible Benefits Plan Document on September 18, 1990, to provide a Section 125 Cafeteria plan, including any applicable Healthcare Flexible Spending Account Plan, Dependent Care Assistance Program, and group health, dental and vision insurance to eligible employees. Section 2. The attached amended and restated Adoption Agreement and Plan Document have been revised as follows: A. To update the maximum carryover amount for the Healthcare Flexible Spending Account to 20% of the maximum amount permitted under Code § 125(i) in accordance with the IRS change; B. To establish eligible opt out arrangement requirements for employees receiving cash in lieu of City -sponsored health insurance; C. To incorporate terms consistent with applicable memoranda of understanding, compensation plans, policies, resolutions, contracts, and City practice throughout the Plan Document; D. To incorporate a claims substantiation procedure and appeals procedure consistent with third -party administrator Ameriflex for the Healthcare Flexible Spending Account and Dependent Care Assistance Program; and E. To retroactively adopt amendments for plan year 2021 pursuant to the Consolidated Appropriations Act of 2021 for the COVID-19 flexible changes, including: I) To allow prospective mid -year election changes for the Healthcare Flexible Spending Account and Dependent Care Assistance Program; 2) To incorporate an unlimited carryover of unused Healthcare Flexible Spending Account funds; 3) To extend the grace period for Dependent Care Assistance Program Extended Grace Period/Claims Extension Period; and 4) To allow the Spend Down of Healthcare Flexible Spending Account once participation has ceased. Section 3. Approval of the Plan Document Amendment will provide the framework for staff to take such actions that are deemed necessary and proper in order to implement the Plan, and to setup adequate accounting and administrative procedures to provide employee benefits under the Plan. Section 4. The City Council hereby adopts the Amended and Restated Section 125 Cafeteria Plan and the Amended and Restated Section 125 Cafeteria Plan Adoption Agreement as attached hereto. The Mayor is authorized to execute the Amended and Restated Section 125 Cafeteria Plan Adoption Agreement on behalf of the City. Section 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of December, 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 13th day of December, 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk City of Temecula Section 125 Cafeteria Plan Document As Amended and Restated January 1, 2023 for Section 125 Cafeteria Plan Table of Contents ARTICLE I - DEFINITIONS........................................................................................................ 1 ARTICLE II - PARTICIPATION.................................................................................................. 6 2.1 ELIGIBILITY.................................................................................................................6 2.2 EFFECTIVE DATE OF PARTICIPATION..................................................................... 6 2.3 APPLICATION TO PARTICIPATE............................................................................... 6 2.4 TERMINATION OF PARTICIPATION.......................................................................... 7 2.5 CHANGE OF EMPLOYMENT STATUS....................................................................... 7 2.6 FAMILY AND MEDICAL LEAVE ACT OF 1993........................................................... 8 2.7 TERMINATION OF EMPLOYMENT............................................................................ 9 2.8 DEATH OF A PARTICIPANT..................................................................................... 12 ARTICLE III - CONTRIBUTIONS TO THE PLAN.................................................................... 12 3.1 SALARY REDIRECTION........................................................................................... 12 3.2 APPLICATION OF CONTRIBUTIONS....................................................................... 13 3.3 PERIODIC CONTRIBUTIONS................................................................................... 13 ARTICLE IV - BENEFITS........................................................................................................ 13 4.1 BENEFIT OPTIONS................................................................................................... 13 4.2 HEALTHCARE FLEXIBLE SPENDING ACCOUNT BENEFIT ................................... 13 4.3 DEPENDENT CARE ASSISTANCE PROGRAM BENEFIT ....................................... 13 4.4 RESERVED............................................................................................................... 14 4.5 INSURANCE BENEFIT.............................................................................................. 14 4.6 CASH BENEFIT......................................................................................................... 14 4.7 NONDISCRIMINATION REQUIREMENTS................................................................ 15 ARTICLE V - PARTICIPANT ELECTIONS.............................................................................. 16 5.1 INITIAL ELECTIONS.................................................................................................. 16 5.2 SUBSEQUENT ANNUAL ELECTIONS...................................................................... 16 5.3 FAILURE TO ELECT.................................................................................................. 16 5.4 CHANGE OF ELECTIONS......................................................................................... 17 5.5 CONSISTENCY REQUIREMENT.............................................................................. 21 ARTICLE VI - HEALTHCARE FLEXIBLE SPENDING ACCOUNT .......................................... 21 6.1 ESTABLISHMENT OF PLAN..................................................................................... 21 6.2 DEFINITIONS............................................................................................................ 22 Section 125 Cafeteria Plan Document 6.3 FORFEITURES AND CARRYOVER.......................................................................... 23 6.4 LIMITATION ON ALLOCATIONS............................................................................... 24 6.5 NONDISCRIMINATION REQUIREMENTS................................................................ 24 6.6 COORDINATION WITH SECTION 125 CAFETERIA PLAN ...................................... 25 6.7 HEALTHCARE FLEXIBLE SPENDING ACCOUNT CLAIMS ..................................... 25 ARTICLE VII - DEPENDENT CARE ASSISTANCE PROGRAM ............................................. 26 7.1 ESTABLISHMENT OF PROGRAM............................................................................ 26 7.2 DEFINITIONS............................................................................................................ 27 7.3 DEPENDENT CARE ASSISTANCE ACCOUNTS ..................................................... 28 7.4 INCREASES IN DEPENDENT CARE ASSISTANCE ACCOUNTS ........................... 28 7.5 DECREASES IN DEPENDENT CARE ASSISTANCE ACCOUNTS .......................... 28 7.6 ALLOWABLE DEPENDENT CARE ASSISTANCE REIMBURSEMENT .................... 29 7.7 ANNUAL STATEMENT OF BENEFITS...................................................................... 29 7.8 FORFEITURES AND CLAIMS EXTENSION PERIOD ............................................... 29 7.9 LIMITATION ON PAYMENTS.................................................................................... 30 7.10 NONDISCRIMINATION REQUIREMENTS................................................................ 30 7.11 COORDINATION WITH SECTION 125 CAFETERIA PLAN ...................................... 31 7.12 DEPENDENT CARE ASSISTANCE PROGRAM CLAIMS ......................................... 31 7.13 REIMBURSEMENTS FROM DEPENDENT CARE ASSISTANCE PROGRAM AFTER TERMINATION OF PARTICIPATION........................................................................ 33 ARTICLE VIII -APPEALS PROCEDURE............................................................................... 34 8.1 PROCEDURE IF BENEFITS ARE DENIED UNDER THIS PLAN .............................. 34 ARTICLE IX - RESERVED...................................................................................................... 34 ARTICLE X - RESERVED....................................................................................................... 34 ARTICLE XI - RESERVED...................................................................................................... 34 ARTICLE XII - ADMINISTRATION.......................................................................................... 35 12.1 PLAN ADMINISTRATION.......................................................................................... 35 12.2 METHOD OF BENEFIT PAYMENT........................................................................... 36 12.3 EXAMINATION OF RECORDS.................................................................................. 38 12.4 PAYMENT OF EXPENSES........................................................................................ 38 12.5 INSURANCE CONTROL CLAUSE............................................................................ 38 12.6 INDEMNIFICATION OF ADMINISTRATOR.............................................................. 38 ARTICLE XIII - AMENDMENT OR TERMINATION OF PLAN ................................................. 39 13.1 AMENDMENT............................................................................................................39 Section 125 Cafeteria Plan Document 13.2 TERMINATION.......................................................................................................... 39 ARTICLE XIV - HIPAA PRIVACY REQUIREMENTS.............................................................. 39 14.1 DEFINITIONS............................................................................................................ 39 14.2 DISCLOSURE OF SUMMARY HEALTH INFORMATION .......................................... 42 14.3 DISCLOSURE OF PHI............................................................................................... 42 14.4 ADEQUATE SEPARATIONS..................................................................................... 43 14.5 USES AND DISCLOSURES...................................................................................... 43 ARTICLE XV - MISCELLANEOUS.......................................................................................... 44 15.1 PLAN INTERPRETATION.......................................................................................... 44 15.2 GENDER AND NUMBER........................................................................................... 44 15.3 WRITTEN DOCUMENT............................................................................................. 44 15.4 EXCLUSIVE BENEFIT............................................................................................... 45 15.5 PARTICIPANT'S RIGHTS.......................................................................................... 45 15.6 ACTION BY THE EMPLOYER................................................................................... 45 15.7 EMPLOYER'S PROTECTIVE CLAUSES................................................................... 45 15.8 NO GUARANTEE OF TAX CONSEQUENCES......................................................... 46 15.9 INDEMNIFICATION OF EMPLOYER BY PARTICIPANTS ........................................ 46 15.10 FUNDING................................................................................................................... 46 15.11 GOVERNING LAW.................................................................................................... 46 15.12 SEVERABILITY.......................................................................................................... 46 15.13 CAPTIONS................................................................................................................. 47 15.14 CONTINUATION OF COVERAGE............................................................................. 47 15.15 UNIFORM SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS (USERRA) ACT............................................................................................................................ 47 15.16 GENETIC INFORMATION NONDISCRIMINATION ACT ........................................... 47 15.17 MENTAL HEALTH PARITY AND ADDICTION ACT .................................................. 47 15.18 WOMEN'S HEALTH AND CANCER RIGHTS ACT ................................................... 47 15.19 NEWBORNS' AND MOTHERS' HEALTH PROTECTION ACT ................................. 47 ARTICLE XVI - CONSOLIDATED APPROPRIATIONS ACT OF 2021.................................... 48 16.1 CONSOLIDATED APPROPRIATIONS ACT OF 2021............................................... 48 Section 125 Cafeteria Plan Document CITY OF TEMECULA SECTION 125 CAFETERIA PLAN INTRODUCTION The Plan Sponsor designated in the City of Temecula's Employer's Adoption Agreement (the City of Temecula hereinafter referred to as the "Employer") hereby establishes a Section 125 Cafeteria Plan (the "Plan") for its eligible Employees. Its purpose is to reward them by providing Benefits for those Employees who shall qualify hereunder and their qualifying Dependents and Spouses. The concept of this Plan is to allow employees to choose among different types of Benefits based on their own particular goals, desires, and needs and to reimburse the Eligible Employees of the Employer for allowable expenses incurred by them, their Spouses, and Dependents. The Plan shall be known as a "Section 125 Cafeteria Plan" (hereinafter referred to as the "Plan") and shall otherwise be referred to by the Plan Name provided within the Employer's completed Adoption Agreement, applicable collective bargaining agreements (MOU's) or compensation plans, resolutions, or contracts. The intention of the Employer is that, wherever appropriate, portions of the Plan shall qualify as a "Cafeteria Plan" within the meaning of Section 125 of the Internal Revenue Code of 1986, as amended, and that the Benefits which an Employee elects to receive under such portions of the Plan be includable or excludable from the Employee's income under Section 125(a) and other applicable sections of the Internal Revenue Code of 1986, as amended. ARTICLE I DEFINITIONS The following words and phrases as used herein shall have the following meanings, unless a different meaning is plainly required by the context: 1.1 "Administrator" or "Plan Administrator" means the Plan Sponsor unless the Plan Sponsor has delegated any or all of its authority as the Administrator under this Plan to any third -party, pursuant to the terms of this Plan and in accordance with the terms of any applicable Service Agreement. 1.2 "Affiliated Employer" means the Employer and any corporation identified in the Employer's Adoption Agreement which is a member of a controlled group of corporations (as defined in Code Section 414(b)), which includes the Employer; any trade or business (whether or not incorporated) that is under common control (as defined in Code Section 414(c)) with the Employer; any organization (whether or not incorporated) that is a member of an affiliated service group (as defined in Code Section 414(m)), which includes the Employer; and any other entity required to be aggregated with the Employer pursuant to Treasury Regulations under Code Section 414(o). 1.3 "Benefit" means any of the optional benefit choices selected by the Participant as outlined under Article IV below or as otherwise specified in the Employer's Adoption Agreement. Section 125 Cafeteria Plan Document (1/1/2023) Page 1 of 44 1.4 "Carryover Provision" means the carryover of any amount remaining unused in the Healthcare Flexible Spending Account as of the end of any Plan Year, pursuant to Section 6.3. For Plan Years prior to 2022, the maximum carryover amount is $500. For Plan Years beginning 2022, the maximum carryover amount may be changed by the Plan Administrator and shall be communicated to Employees through the election of Benefits form or another document, provided that the maximum carryover amount shall not exceed 20% of the maximum amount permitted under Code §125(i). 1.5 "Claims Extension Period" means the period that ends on the 15' day of the third month immediately following the end of the most recent Plan Year, pursuant to Section 7.8. 1.6 "Code" means the Internal Revenue Code of 1986, as amended or replaced from time to time, and which shall also include any governing Regulations or applicable guidance thereunder. 1.7 "Compensation" means the total cash remuneration received by the Participant from the Employer during a Plan Year prior to any reductions pursuant to a Salary Redirection Agreement authorized hereunder. Compensation shall include overtime, commissions, and bonuses. 1.8 "Dependent" means any individual who is defined under an Insurance Contract or who is a Qualifying Child or Qualifying Relative who qualifies as a dependent under an Insurance Contract or under Code Section 152 (as modified by Code Section 105(b)), as applicable. A Dependent also includes an adult child of a Participant who as of the end of the calendar year has not attained age 26. A child for purposes of this Section 1.8 means an individual who is a son, daughter, stepson, or stepdaughter of the Participant, a legally adopted individual of the Participant, an individual who is lawfully placed with the Participant for legal adoption by the Participant, or an eligible foster child who is placed with the Participant by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction. Notwithstanding anything in the Plan to the contrary, the Plan will comply with Michelle's Law, if applicable. 1.9 "Effective Date" means the Effective Date specified in the Employer's Adoption Agreement. 1.10 "Election Period" means the period preceding the beginning of each Plan Year established by the Administrator for the election of Benefits and Salary Redirection, such period to be applied on a uniform and nondiscriminatory basis for all Employees and Participants. However, an Employee's initial Election Period shall be determined pursuant to Section 5.1. 1.11 "Eligible Employee" means any Employee who has satisfied the eligibility requirements necessary to participate in the Plan as stated in the Employer's Adoption Agreement or as specified in the City of Temecula Schedule of Authorized Positions, the Memorandum of Understanding between the City of Temecula and Teamsters Local 911, the City of Temecula Management Compensation Plan, or the City of Temecula City Council Compensation Plan, as they may be amended, or other policies or contracts adopted by the Employer. Section 125 Cafeteria Plan Document (1/1/2023) Page 2 of 44 1.12 "Eligible Opt Out Arrangement" means an opt out arrangement that meets the conditions of Section 4.6. 1.13 "Employee" means any person who is employed by the Employer, but for all portions of the Plan, generally excludes any person who is employed as an independent contractor or any person who is considered self-employed under Code Section 401(c), as well as a greater than two percent (2%) shareholder in a Subchapter S corporation, as defined under Code Section 1372(b), a partner in a partnership or an owner or member of a limited liability company that elects partnership status on its tax return. 1.14 "Employer" means the Plan Sponsor and any Affiliated Employer which is listed on the Employer's Adoption Agreement; provided, however, that the Plan Sponsor retains authority as Plan Administrator for all purposes under the Plan and retains sole authority to amend or terminate the Plan in accordance with Article XIII. 1.15 "Employer Contribution" means the contributions as identified in the Employer's Adoption Agreement, or as specified in the Memorandum of Understanding between the City of Temecula and Teamsters Local 911, the City of Temecula Management Compensation Plan, or the City of Temecula City Council Compensation Plan, as they may be amended, or other policies or contracts adopted by the Employer, made by the Employer pursuant to Section 3.1 to enable a Participant to purchase Benefits. These contributions may consist of Employer -provided Health Flex Contributions and non -Health Flex Contributions as specified in the Memorandum of Understanding between the City of Temecula and Teamsters Local 911, the City of Temecula Management Compensation Plan, or the City of Temecula City Council Compensation Plan, as they may be amended, or other policies or contracts adopted by the Employer. These contributions shall be allocated to the accounts established under the Plan pursuant to the Participants' elections made under Article V and the cost of eligible Benefits described under Article IV. 1.16 "Entry Date" means the earlier of the Plan Effective Date or the date an Employee becomes entitled to participate in the Plan as specified in the Employer's Adoption Agreement. 1.17 [Reserved.] 1.18 [Reserved.] 1.19 "Health Flex Contribution" means any Employer Contribution that meets the following requirements: (1) the Participant may not opt to receive the amount as a taxable benefit, (2) the Participant may use the amount to pay for minimum essential coverage, and (3) the Participant may use the amount exclusively to pay for medical care including dental and vision care, within the meaning of Code § 213, including group health coverage and Healthcare Flexible Spending Account benefits. 1.20 "Highly Compensated Employee" means, for the purposes of determining discrimination, an Employee described in Code Section 125 and the Treasury Regulations thereunder. Section 125 Cafeteria Plan Document (1/1/2023) Page 3 of 44 1.21 "Insurance Benefits" means the benefits provided under any applicable insurance program or policy included within the list of qualifying, nontaxable benefit programs that have been selected as part of the Employer's Adoption Agreement. 1.22 "Insurance Contract" means any contract issued by an Insurer underwriting a Benefit. 1.23 "Insurance Premium Payment Plan" means the plan of Insurance Benefits selected within the Employer's Adoption Agreement, which provides for the payment of Premium Expenses under this Plan. 1.24 "Insurer" means any insurance company that underwrites a Benefit under this Plan or, the Employer if the Benefit is self -funded and otherwise paid for out of the Employer's general assets or paid for through a separate trust established by the Employer. 1.25 "Key Employee" means an employee defined in Code Section 416(I)(1) and the Treasury Regulations thereunder. 1.26 "Non -Health Flex Contribution" means an Employer Contribution that does not meet the requirements of a "Health Flex Contribution".1.27 "Participant" means any Eligible Employee who elects to become a Participant pursuant to Section 2.3 and has not for any reason become ineligible to participate further in the Plan. 1.28 "Plan" means this instrument, including all amendments and attachments thereto. 1.29 "Plan Year" means the 12-month period designated in the Employer's Adoption Agreement. The Plan Year shall be the coverage period for the Benefits provided for under this Plan. In the event a Participant commences participation during a Plan Year, then the initial coverage period shall be that portion of the Plan Year commencing on such Participant's date of entry and ending on the last day of such Plan Year. 1.30 "Premium Expenses" or "Premiums" means the Participant's cost for the Insurance Benefits described in the Employer's Adoption Agreement. 1.31 "Qualifying Child" means an individual who, unless otherwise described under Code Section 152(b): • Is a child (as defined under Code Section 152(f)(1)) of the Employee, or a dependent of such child, or a brother, sister, stepbrother or stepsister of the Employee, or a descendent of any such relative; • Who has the same principal residence, if allowed under local law, as the Employee for more than one-half of the current taxable year; • Is under the age of 26 as of the end of the Plan Year in which the Employee was eligible under this Plan; and • Has not provided over one-half of his or her own support during the current Plan Year. Section 125 Cafeteria Plan Document (1/1/2023) Page 4 of 44 1.32 "Qualifying Relative" means an individual who, unless otherwise described under Code Section 152(d) or (e): • Is a child (as defined under Code Section 152(f)(1)), or descendant of a child, or a brother, sister, stepbrother, stepsister, father, mother or any of their ancestors, or any other relative as described under Code Section 152(d)(2), including an individual who has the same principal residence as the Employee and who is a member of the Employee's household; • Has (with the exception of certain handicapped dependents described under Code Section 152(d)(4)) gross income for the Plan Year that is less than the allowable income exemption amount (as defined under Code Section 151(d) for that taxable year; For whom the Employee provides over one-half of the individual's support for that calendar year; and • Is not an otherwise Qualifying Child of the Employee for any portion of the Plan Year. 1.33 "Regulations" means either temporary, proposed or final regulations, as applicable, issued or released by the U.S. Department of Treasury, and any further or related guidance or interpretations, as well as such other federal or state regulations as otherwise applicable herein. 1.34 "Salary Redirection" means the contributions made by the Employer on behalf of Participants pursuant to Section 3.1. 1.35 "Salary Redirection Agreement" means an agreement between the Participant and the Employer under which the Participant agrees to reduce their Compensation or to forego all or part of the increases in such Compensation and to have such amounts contributed by the Employer to the Plan on the Participant's behalf. The Salary Redirection Agreement shall apply only to Compensation that has not been actually or constructively received by the Participant as of the date of the agreement (after taking this Plan and Code Section 125 into account) and, subsequently does not become currently available to the Participant. 1.36 "Special Limited COBRA Coverage" means COBRA coverage that allows a Participant who terminates employment for any reason other than death to elect to continue Healthcare Flexible Spending Account participation for the remainder of the Plan Year but not for the traditional 18-month period for COBRA. 1.37 "Spouse" means an individual who is treated as a spouse for federal tax purposes. Notwithstanding the above, for purposes of the Dependent Care FSA Component, the term Spouse shall not include (a) an individual legally separated from the Participant under a divorce or separate maintenance decree; or (b) an individual who is married to the Participant and files a separate federal income tax return, where (i) the Participant maintains a household that constitutes the principal place of abode of a child (within the meaning of Code Section 152(f)(1) with respect to whom such individual is entitled to a deduction for the taxable year) for more than one-half of the taxable year, (ii) the Participant furnishes more than half of the Section 125 Cafeteria Plan Document (1/1/2023) Page 5 of 44 cost of maintaining such household, and (iii) during the last 6 months of such taxable year, the individual is not a member of such household. 1.38 [Reserved]. 1.39 [Reserved] All other defined terms in this Plan shall have the meanings specified in the various Articles of the Plan in which they appear. ARTICLE II PARTICIPATION 2.1 ELIGIBILITY Any Employee of the Employer and its Affiliates who meets the eligibility requirements specified in the Employer's Adoption Agreement, the City of Temecula Schedule of Authorized Positions, the Memorandum of Understanding between the City of Temecula and Teamsters Local 911, the City of Temecula Management Compensation Plan, and/or the City of Temecula City Council Compensation Plan, as they may be amended, or any other Employer contract or policy or becomes an Eligible Employee and who executes a written election to participate shall be eligible to participate in the Plan on the date they have satisfied any applicable waiting period(s) specified in the Employer's Adoption Agreement (or the Effective Date of the Plan, if later) or any other eligibility criteria set forth herein. The eligibility and entry dates for the Healthcare Flexible Spending Accounts must not occur before eligibility for the employer -sponsored group health coverage. 2.2 EFFECTIVE DATE OF PARTICIPATION Any Employee who is eligible under Section 2.1 may become a Participant effective as of the first day of the month coinciding with or next following date requirements are met. Any Employee who does not elect to participate in the Plan on the date the Employee first becomes eligible may later elect to participate during the Election Period and begin participating as of the first day of the corresponding Plan Year or an earlier Entry Date following a Change in Status pursuant to Section 5.4 hereof. Since this is a restated Plan, each Employee who was a Participant in the Plan on the day prior to the restated Effective Date and is an Employee of an Employer on the Effective Date shall remain a Participant. 2.3 APPLICATION TO PARTICIPATE An Employee who is eligible to participate in this Plan shall, during the applicable Election Period, complete an application to participate and election of Benefits form, which the Administrator shall furnish to the Employee. The election made on such form shall be irrevocable until the end of the applicable Plan Year unless the Participant is entitled to change their Benefit elections pursuant to Section 5.4 hereof. Section 125 Cafeteria Plan Document (1/1/2023) Page 6 of 44 An Eligible Employee shall also be required to execute a Salary Redirection Agreement during the Election Period for which they wish to participate in this Plan. Any such Salary Redirection Agreement shall be effective for the first pay date beginning on or after the Employee's Effective Date of participation pursuant to Section 2.2. 2.4 TERMINATION OF PARTICIPATION A Participant shall no longer participate in this Plan upon the occurrence of any of the following events: a) Termination of employment, subject to the provisions of Section 2.7; b) The Participant ceases to be an Eligible Employee, which may be because of retirement, termination of employment, layoff, change of employment status, or reclassification. c) The end of the Plan Year during which the individual became a limited Participant because of a change in employment status pursuant to Section 2.5, or any other reason; d) Death, subject to the provisions of Section 2.8; or e) The termination of this Plan, subject to the provisions of Section 13.2. 2.5 CHANGE OF EMPLOYMENT STATUS If a Participant ceases to be an Eligible Employee because of a change in employment status or classification (other than through termination of employment), the Participant may become a limited Participant in this Plan for the remainder of the Plan Year in which such change of employment status occurs if permitted by the applicable memorandum of understanding or compensation plan, resolution, or contract. An employee will become a limited Participant if they meet the following three conditions: a) The Participant has taken an unpaid leave of absence from the Employer or is no longer an Eligible Employee; and b) The Participant elects under Section 3.1 to reduce their Salary Redirection to $0 as a result of the change in employment status or classification; and c) Upon return to employment after a leave of absence or return becomes an Eligible Employee, the Participant re-elects under Section 5.1 to increase their Salary Redirection to the level that existed immediately before it was reduced to $0 (or to some other level if on account of and consistent with a change in status). If COBRA applies, the Participant, while on the unpaid leave or in part-time employment status, will be given the opportunity to continue their Insurance Plans and Healthcare Flexible Spending Account following the terms of the applicable memorandum of understanding or Section 125 Cafeteria Plan Document (1/1/2023) Page 7 of 44 compensation plan, resolution, or contract. Premiums for the Participant's Insurance Benefits, as well as any applicable Premiums for the Participant's Healthcare Flexible Spending Account, may continue to be paid on a pre-tax basis provided the Participant receives Compensation during the leave period. If, however, the Participant receives no Compensation during the leave period, the Participant may continue Benefits under the Plan through payment of all Premiums with after-tax dollars outside of the Plan. Regardless of how Premiums are paid (either pre-tax or after-tax), the Participant will remain a full Participant in the Plan provided all Premiums are paid within 30 days of any due date. As a limited Participant, except as otherwise provided herein, no further Salary Redirection may be made on behalf of the Participant and, except as otherwise provided herein, all further Benefit elections shall cease, subject to the limited Participant's right to continue coverage under any Insurance Contracts. However, any balances in the limited Participant's Dependent Care Assistance Account may be used during such Plan Year to reimburse the limited Participant for any allowable employment -related dependent expenses incurred during the Plan Year, subject to any other terms and conditions that are applicable under Article VII herein. Further, in accordance with Article VI, any balances in the limited Participant's Healthcare Flexible Spending Account may be used during such Plan Year to reimburse the limited Participant for any allowable medical expenses incurred during the portion of the Plan Year in which the Employee was a full Participant in the Plan. Subject to the provisions of Section 2.6, if the limited Participant later becomes an Eligible Employee, then the limited Participant may again become a full Participant in this Plan, provided they otherwise satisfy the participation requirements set forth in this Article II as if they were a new Employee and made an election in accordance with Section 5.1. 2.6 FAMILY AND MEDICAL LEAVE ACT OF 1993 Notwithstanding any provision to the contrary in this Plan, if a Participant goes on a qualifying unpaid leave under the Family and Medical Leave Act of 1993 (FMLA), to the extent required by the FMLA, the Employer will continue to maintain the Participant's Benefits under this Plan on the same terms and conditions as though they were still an active Employee (i.e., the Employer will continue to pay its share of the premium to the extent the Employee opts to continue their coverage). If the Employee opts to continue their coverage, the Employee may pay their share of the Premium through one of the following methods: a) Prepayment. Under the prepayment option, the Participant increases their Salary Redirection in an amount sufficient to cover the Premiums and other expenses that will come due during the FMLA leave. b) Pay -as -you go. With the pay-as-you-go option, the Participant shall continue to pay Premiums on a regular basis throughout the FMLA leave. If the Participant continues to receive a salary while on FMLA leave, the applicable Premiums are to be paid with pre-tax contributions as if they had not taken the leave. On the other hand, if the Participant's FMLA leave is unpaid, the Administrator provides the funding for necessary coverage during the FMLA period, but the Participant is Section 125 Cafeteria Plan Document (1/1/2023) Page 8 of 44 required to reimburse the Employer at regular intervals with after-tax funds for the Premiums that come due during the leave. c) Catch Up. The Administrator provides the funding for necessary coverage during the leave and subsequently withholds "catch-up" amounts from the Employee's pay upon their return. Upon return from such leave, that has been or is being paid for under one of the methods referred to above, the Employee will be permitted to re-enter the Plan on the same basis the Employee was participating in the Plan prior to the leave, or as otherwise required by the FMLA. However, for the Healthcare Flexible Spending Account, if the coverage terminates due to revocation of the Benefit due to nonpayment of contributions by the Participant, three options will be offered upon the Participant's return to work: d) Proration. The actual amounts contributed by the Participant would remain in effect for the duration of the Plan Year and the maximum contribution amount would be reduced proportionately for the time that the Participant was not paying contributions. e) Reinstatement. The Participant may elect to reinstate the level of coverage in effect when the leave began, with applicable contribution amounts being made up for the remainder of the Plan Year. f) In Accordance with an Applicable Policy, MOU, Compensation Plan, Resolution, or Contract. The Participant may elect to reinstate the level of coverage and make applicable contribution amounts for the remainder of the Plan Year if permitted and in accordance with an applicable Employer policy, memorandum of understanding, compensation plan, resolution, or contract. Furthermore, if a Participant goes on a qualifying paid leave under the FMLA, to the extent required by the FMLA, the Employee will continue coverage while on FMLA by the method normally used during any paid leave. In all instances, a paid or unpaid leave under FMLA will be treated in the same manner and consistent with a non-FMLA paid or unpaid leave. f� �94Vlyill►/_TA11 Is] 0 to] 04LTA l:1KeydM14►111 If a Participant terminates employment with the Employer for any reason other than death, their participation in the Plan shall be governed in accordance with the following: a) With regard to Benefits that are insured, the Participant's participation in the Plan shall cease, subject to the Participant's right to continue coverage if COBRA applies or under any Insurance Contract for which Premiums have already been paid. Section 125 Cafeteria Plan Document (1/1/2023) Page 9 of 44 b) With regard to the Dependent Care Assistance Program, the Participant's participation in the Plan shall cease and no further Salary Redirection contributions shall be made. However, such Participant may submit claims for employment -related dependent care expense reimbursements for the remainder of the Plan Year in which termination occurs, provided the claims are submitted within the grace period or Claims Extension Period as defined in Section 7.8. Reimbursement for such claims will be based on the level of the Participant's Dependent Care Assistance Account as of the date of termination. c) With regard to the Healthcare Flexible Spending Account, the Participant may be able to elect to continue participation in the Plan in accordance with final and proposed IRS Regulations and as further provided below: 1) COBRA continuation coverage will not be offered to Healthcare Flexible Spending Account Participants under the following circumstance: (a) The Healthcare Flexible Spending Account has a deficit (i.e., it is overspent) at the time of the Qualifying Event (i.e., if, taking into account all claims submitted on or before the date of the Qualifying Event, the Qualified Beneficiary's remaining Healthcare Flexible Spending Account balance for the Plan Year is less than the maximum required COBRA Premiums for the rest of the year) 2) The Participant will qualify for Special Limited COBRA Coverage and can elect to continue participation in the Healthcare Flexible Spending Account for the remainder of the Plan Year in which the Qualifying Event occurs if: (a) The Healthcare Flexible Spending Account is exempt from HIPAA's portability rules The Healthcare Flexible Spending Account is exempt from HIPAA's portability rules if a major medical plan is available in addition to the Healthcare Flexible Spending Account, and the Healthcare Flexible Spending Account benefit does not exceed two times the Salary Redirection or, if greater, the Salary Redirection plus $500; and (b) For the Plan Year in which the Qualifying Event occurs, the maximum amount the Qualified Beneficiary could be required to pay for a full year of Healthcare Flexible Spending Account COBRA coverage equals or exceeds the maximum Benefit available to the Qualified Beneficiary for the Plan Year. 3) If the Healthcare Flexible Spending Account qualifies for Special Limited COBRA Coverage and the Participant elects to continue participation as set forth under subparagraph (2)(b) above, the Participant's ability to continue coverage under the Healthcare Flexible Spending Account shall cease as of the end of the Plan Year in which the Qualifying Event occurs. Any such fees shall be the responsibility of the Participant or Qualified Beneficiary; Section 125 Cafeteria Plan Document (1/1/2023) Page 10 of 44 4) If the Healthcare Flexible Spending Account is not exempt from HIPAA's portability rules, the Participant shall have the ability to continue coverage under the Healthcare Flexible Spending Account under procedures and conditions set forth below. For purposes of these rules, "Qualifying Event" means the occurrence of any of the following: a) Death of a Covered Employee; b) Termination (other than by reason of gross misconduct) of the Covered Employee's employment or reduction of hours of employment; c) Divorce or legal separation of a Covered Employee from the Employee's Spouse; d) A Covered Employee's becoming eligible to receive Medicare benefits under Title XVIII of the Social Security Act; or e) A Dependent child of a Covered Employee ceasing to be a Dependent. A "Qualified Beneficiary" is any person who is, as of the day before a Qualifying Event, (i) an Employee of the Employer (including persons who are considered to be "employees" within Code Section 401(c), directors, and independent contractors) covered under a health plan offered under the Plan as of such day (such persons are typically referred to as "Covered Employees"); (ii) the Spouse of the Covered Employee; or (iii) a Dependent of the Covered Employee. A Covered Employee can be a Qualified Beneficiary only if the Qualifying Event consists of termination of employment (other than for gross misconduct) or a reduction of hours of the Covered Employee's employment. A child born or placed for adoption with the Covered Employee during continuation coverage will also be considered as a Qualifying Beneficiary. A retiree or other former Employee actively participating in the Plan by reason of a previous period of employment will also be treated as a Qualified Beneficiary for purposes of these rules. The Plan Administrator will notify Healthcare Flexible Spending Account Participants as to their COBRA eligibility (if any). The Plan Administrator shall also notify Healthcare Flexible Spending Account Participants as to their HIPAA rights and responsibilities under Code Section 9801 (including applicable provisions pertaining to HIPAA certification, portability, creditable coverage, and special enrollment procedures) if the Plan is not exempt from HIPAA's portability rules under Section 2.7(c)(2) above. If the Participant elects to continue participation in the Healthcare Flexible Spending Account for the remainder of the Plan Year in which such termination occurs, the Participant may continue to seek reimbursement from the Healthcare Flexible Spending Account. The Participant shall be required to make contributions to the account based on the elections made prior to the beginning of the Plan Year. If the Participant does not elect to continue participation in the Healthcare Flexible Spending Account for the remainder of the Plan Year in which such termination occurs, the Participant's participation in the Plan shall cease and no further Salary Redirection contributions shall be Section 125 Cafeteria Plan Document (1/1/2023) Page 11 of 44 made. However, such Participant may submit claims for expenses incurred during the portion of the Plan Year preceding their date of termination, provided the claims are submitted within the grace period. In the event a Participant terminates participation in the Healthcare Flexible Spending Account during the Plan Year, if Salary Redirections are made other than on a pro rata basis, upon termination the Participant shall be entitled to a reimbursement for any Salary Redirection previously paid for coverage or Benefits relating to the period after the date of the Participant's separation from service regardless of the Participant's claims or reimbursements as of such date. 2.8 DEATH OF A PARTICIPANT If a Participant dies during any Plan Year and at the time of death they have not received the total reimbursements available for the Plan Year, the Participant's surviving Spouse, children, or legal representatives can continue to submit claims for expenses incurred during the Plan Year pursuant to COBRA provisions stated in Section 2.7.. ARTICLE III CONTRIBUTIONS TO THE PLAN 3.1 SALARY REDIRECTION If a Participant's Employer Contribution to this Plan is not sufficient to cover the cost of Benefits or Premium Expenses being provided and elected pursuant to Articles IV and V, the Participant's Compensation will be reduced in an amount equal to the difference between the cost of Benefits they elected and the amount of Employer Contribution available to the Participant. Such reduction in Compensation shall be their Salary Redirection, which the Employer will use on behalf of the Participant, together with their Employer Contribution, to pay for the Benefits elected by the Participant. The amount of such Salary Redirection shall be specified in the Salary Redirection Agreement and shall be applicable for a Plan Year. Notwithstanding the above, for new Participants, the Salary Redirection Agreement shall only be applicable from the first pay date of the month following the Employee's Entry Date up to and including the last day of the Plan Year. These Salary Redirection contributions shall be allocated to the funds or accounts established under the Plan pursuant to the Participants' elections made under Article V. Any Salary Redirection shall be determined prior to the beginning of a Plan Year (subject to initial elections pursuant to Section 5.1) and prior to the end of the Election Period and shall be irrevocable for such Plan Year. However, a Participant may revoke a Benefit election or a Salary Redirection Agreement after the Plan Year has commenced and make a new election and/or Salary Redirection Agreement with respect to the remainder of the Plan Year, if both the revocation and the new election are on account of and consistent with a change in status and such other permitted events as determined under Article V of the Plan and consistent with the rules and regulations of the Department of the Treasury. Salary Redirection amounts shall be contributed on a pro rata basis for each pay period during the Plan Year. All individual Salary Redirection Agreements are deemed to be part of this Plan and incorporated by reference hereunder. Section 125 Cafeteria Plan Document (1/1/2023) Page 12 of 44 3.2 APPLICATION OF CONTRIBUTIONS As soon as reasonably practical after each payroll period, the Employer shall apply the Employer Contribution and Salary Redirection to provide the Benefits elected by the affected Participants. Any contributions made or withheld from an Employee's Compensation, pursuant to the Employee's signed Salary Redirection Agreement for the Healthcare Flexible Spending Account or Dependent Care Assistance Program shall be credited to such account. Amounts designated for the Participant's Premium Expense Reimbursement Account shall likewise be credited to such account for the purpose of paying Premium Expenses. 3.3 PERIODIC CONTRIBUTIONS Notwithstanding the requirement provided above and in other Articles of this Plan that Salary Redirections be contributed to the Plan by the Employer on behalf of an Employee on a level and pro rata basis for each payroll period, the Employer and Administrator may implement a procedure in which Salary Redirections are contributed throughout the Plan Year on a periodic basis that is not pro rata for each payroll period. However, with regard to the Healthcare Flexible Spending Account, the payment schedule for the required contributions may not be based on the rate or amount of reimbursements during the Plan Year. In the event Salary Redirections are not made on a pro rata basis, upon termination of participation, a Participant may be entitled to a refund of such Salary Redirections pursuant to Section 3.1. ARTICLE IV BENEFITS 4.1 BENEFIT OPTIONS Upon becoming a Participant prior to each Plan Year, a Participant must allocate their Employer Contributions and Salary Redirection amounts, if any, among the Plan of Benefit Options indicated in the Employer's Adoption Agreement. 4.2 HEALTHCARE FLEXIBLE SPENDING ACCOUNT BENEFIT If selected as an available Benefit Option under the Employer's Adoption Agreement, each Participant may elect coverage under the Healthcare Flexible Spending Account option, in which case Article VI shall apply. 4.3 DEPENDENT CARE ASSISTANCE PROGRAM BENEFIT If selected as an available Benefit Option under the Employer's Adoption Agreement, each Participant may elect coverage under the Dependent Care Assistance Program option, in which case Article VII shall apply. Section 125 Cafeteria Plan Document (1/1/2023) Page 13 of 44 4.4 RESERVED 4.5 INSURANCE BENEFIT Each Participant may elect to be covered under the Employer's Insurance Contract(s) selected in the Employer's Adoption Agreement for the Participant, their Spouse, and their Dependents, as applicable and pursuant to the memorandum of understanding, resolution, or contract. The Employer may select suitable Insurance Contracts for use in providing their health insurance benefit. The rights and conditions with respect to the benefits payable from such Insurance Contract shall be determined therein, and such Insurance Contract shall be incorporated herein by reference. 4.6 CASH BENEFIT The Employer has established an Eligible Opt Out Arrangement as a condition to an Eligible Employee receiving any Employer Contribution that is a non -Health Flex Contribution as taxable income (i.e., cash) in lieu of enrolling in City -sponsored health insurance. Employees cannot receive taxable income for Employer Contributions that are Health Flex Contributions. The conditions that must be satisfied for the Eligible Opt Out Arrangement are as follows and subject to any applicable Employer policy, memorandum of understanding, resolution, contract, or Employer compensation plan or other limitations, as determined by the Employer's Adoption Agreement, Employer policy, memorandum of understanding, resolution, contract, or Employer compensation plan: a) The Eligible Employee must have minimum essential health coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California); b) All individuals in the Eligible Employee's expected tax family must have (or will have) the required minimum essential health coverage. An Eligible Employee's expected tax family includes all individuals for whom the Eligible Employee reasonably expects to claim a personal exemption deduction for the taxable year(s) that cover the Eligible Employee's Plan Year to which the opt -out arrangement applies; c) The Eligible Employee must provide reasonable documentation of minimum essential health coverage pursuant to the Affordable Care Act ("ACA"), which must cover both the Eligible Employee and all individuals in the Eligible Employee's expected tax family, if any, for the applicable period. Reasonable evidence may include an attestation by the Eligible Employee; d) Each year, during the Elections Period or as otherwise required by the Employer, the Eligible Employee must provide the Employer with an attestation or other reasonable documentation, subject to the Employer's approval confirming such alternate coverage. Section 125 Cafeteria Plan Document (1/1/2023) Page 14 of 44 e) The Eligible Employee must provide the attestation or reasonable documentation no earlier than a reasonable time before coverage starts (e.g. Elections Period). The attestation or reasonable documentation may also be provided within a reasonable time after the Plan Year starts; and f) According to the ACA, the Employer cannot make payment if the Employer knows or has reason to know that the Eligible Employee or a member of the Eligible Employee's expected family does not have the alternative minimum essential health coverage. 4.7 NONDISCRIMINATION REQUIREMENTS a) It is the intent of this Plan to provide Benefits to a classification of employees that the Secretary of the Treasury finds not to be discriminatory in favor of the group in whose favor discrimination may not occur under Code Section 125, if applicable to such Eligible Employees or Participants. b) If the Administrator deems it necessary to avoid discrimination or possible taxation to Key Employees or a group of employees in whose favor discrimination may not occur in violation of Code Section 125, it may, but shall not be required to, reject any election or reduce contributions or nontaxable Benefits in order to assure compliance with this Section. Any action taken by the Administrator under this Section shall be carried out in a uniform and nondiscriminatory manner. If the Administrator decides to reject any election or reduce contributions or nontaxable Benefits, it shall be done in the following manner. First, the nontaxable Benefits of the affected Participant (either an Employee who is Highly Compensated or a Key Employee, whichever is applicable) who has elected the highest amount of nontaxable Benefits for the Plan Year shall have their nontaxable Benefits reduced until the discrimination tests set forth in this Section are satisfied or until the amount of their nontaxable Benefits equals the nontaxable Benefits of the affected Participant who has elected the second highest amount of nontaxable Benefits. This process shall continue until the nondiscrimination tests set forth in this Section are satisfied. With respect to any affected Participant who has had Benefits reduced pursuant to this Section, the reduction shall be made proportionately among non - Insurance Benefits, and once all non -Insurance Benefits are expended, proportionately among delineated Benefits. Insurance contributions, which are not utilized to provide Benefits to any Participant by virtue of any administrative act under this paragraph shall be forfeited and deposited into the benefit plan surplus. Section 125 Cafeteria Plan Document (1/1/2023) Page 15 of 44 ARTICLE V PARTICIPANT ELECTIONS 5.1 INITIAL ELECTIONS An Employee who meets the eligibility requirements of Section 2.1 on the first day of, or during, a Plan Year may elect to participate in this Plan for all or the remainder of such Plan Year, provided they elect to do so before their Effective Date of participation pursuant to Section 2.2, or for a newly eligible Employee, no more than 60 days after their date of hire. For any such newly eligible Employee, if coverage is effective as of the date of hire pursuant to Section 2.1 above, such Employee shall be eligible to participate retroactively as of their date of hire. Newly eligible Employee Election amounts will be collected on the first pay date of the month after their election was received. However, if such Employee does not complete an application to participate and Benefit election form and deliver it to the Administrator before such date, their Election Period shall extend 60 calendar days after such date, or for such further period as the Administrator shall determine and apply on a uniform and nondiscriminatory basis. However, any election during the extended 60-day election period pursuant to this Section 5.1 shall not be effective until the first pay date concurrent with or following the later of such Participant's Effective Date of participation pursuant to Section 2.2 or the date of the receipt of the election form by the Administrator, and shall be limited to the Benefit expenses incurred for the balance of the Plan Year for which the election is made. 5.2 SUBSEQUENT ANNUAL ELECTIONS With the exception of an Insurance Benefit premium election that is made as of the initial enrollment in the Plan, each Participant shall be given the opportunity to annually elect, on an election of Benefits form to be provided by the Administrator, which Benefit options they wish to select Any such election shall be effective during the Plan Year, which follows the end of the Election Period. With regard to subsequent annual elections, the following options shall apply: a) A Participant or Employee who failed to initially elect to participate may elect different or new Benefits under the Plan during the Election Period; b) A Participant may terminate participation in the Plan by notifying the Administrator in writing during the Election Period that they do not want to participate in the Plan for the next Plan Year; c) An Employee who elects not to participate for the Plan Year following the Election Period will have to wait until the next Election Period before again electing to participate in the Plan, or until a change in status event pursuant to Section 5.4 would justify an earlier mid -year election change. 5.3 FAILURE TO ELECT Any Participant failing to complete an election of Benefits form pursuant to Section 5.2 by the end of the applicable Election Period shall be deemed to have elected not to participate in the Section 125 Cafeteria Plan Document (1/1/2023) Page 16 of 44 Plan for the upcoming Plan Year for the Healthcare Flexible Spending Account and/or Dependent Care Assistance Program. No further Salary Redirections shall therefore be authorized for such subsequent Plan Year, until a change in status event pursuant to Section 5.4 would justify an earlier mid -year election change. Elections under the Insurance Benefit shall remain in effect for such subsequent Plan Year. 5.4 CHANGE OF ELECTIONS a) With the exception of any specific circumstances otherwise described below, any Participant may change a Benefit election after the Plan Year (to which such election relates) has commenced and make new elections with respect to the remainder of such Plan Year if, under the facts and circumstances, 1) a change in status occurs, and 2) the requested revocation and new election satisfy the consistency requirements in Section 5.5. Any new election shall be effective at such time as the Administrator shall prescribe, but not earlier than first day of the month coinciding with or next after the election of Benefits form is completed and returned to the Administrator. For this purpose, a change in status includes the following events: 1) Legal Marital Status. Events that change a Participant's legal marital status, including marriage, divorce, death of a Spouse, legal separation, or annulment; 2) Number of Dependents. Events that change a Participant's number of Dependents, including birth, adoption, placement for adoption, or death of a Dependent; 3) Employment Status. Any of the following events that change the employment status of the Participant, Spouse, or Dependent: termination or commencement of employment, a strike or lockout, commencement or returns from an unpaid leave of absence, or a change in worksite. In addition, if the eligibility conditions of this Plan or other employee benefit plan of the Employer of the Participant, Spouse, or Dependent depend on the employment status of that individual and there is a change in that individual's employment status with the consequence that the individual becomes (or ceases to be) eligible under the Plan, then that change constitutes a change in employment under this subsection. Notwithstanding anything in this Section to the contrary, the gain of eligibility or change in eligibility of a child as allowed under Code Sections 105(b) and 106, and IRS Notice 2010-38, shall qualify as a change in status; 4) Dependent Satisfies or Ceases to Satisfy Eligibility Requirements. An event that causes the Participant's Dependent to satisfy or cease to satisfy the requirements for coverage due to attainment of age, student status, or any similar circumstance; Section 125 Cafeteria Plan Document (1/1/2023) Page 17 of 44 5) Residency: A change in the place of residence of the Participant, Spouse, or Dependent; 6) Special requirements concerning the Family and Medical Leave Act (FMLA) and the Health Insurance Portability and Accountability Act (HIPAA); and 7) Other. Such other events that the Administrator (in its sole discretion) determines to be consistent with and attributable to a change in status. Additional proof may be required by the Administrator to support any change of status election submitted by a Participant. b) The Participant may change an election for accident coverage, if any, or health coverage during a Plan Year and make a new election that corresponds with the special enrollment rights provided in Code Section 9801(f). c) If the change in status is due to a change in the Participant's marital status, under item 1) above, or a change in employment status of the Participant's Spouse or covered Dependents under item 3) above, the Participant may elect to increase or decrease group -term life coverage and/or group disability coverage, if any, corresponding with that change in status. d) In the event of a judgment, decree, or order ("order") resulting from a divorce, legal separation, annulment, or change in legal custody (including a qualified medical child support order defined in ERISA Section 609) which requires accident or health coverage for a Participant's child: 1) The Plan may change an election to provide coverage for the child if the order requires coverage under the Participant's Plan; or 2) The Participant shall be permitted to change an election to cancel coverage for the child if the order requires the former Spouse to provide coverage for such child and such coverage is actually provided. e) A Participant may change elections to cancel accident coverage, if any, or health coverage for the Participant or the Participant's Spouse or Dependent if the Participant or the Participant's Spouse or Dependent is enrolled in the accident coverage, if any, or health coverage of the Employer and becomes entitled to coverage (i.e., enrolled) under Part A or Part B of the Title XVIII of the Social Security Act (Medicare) or Title XIX of the Social Security Act (Medicaid), other than coverage consisting solely of benefits under Section 1928 of the Social Security Act (the program for distribution of pediatric vaccines). Further, if the Participant or the Participant's Spouse or Dependent that has been entitled to Medicare or Medicaid loses eligibility for such coverage, the Participant may prospectively elect to commence or increase the accident coverage, if any, or health coverage of the individual who loses Medicare or Medicaid eligibility. Section 125 Cafeteria Plan Document (1/1/2023) Page 18 of 44 f) A Participant may make a prospective election change to add group health coverage for the Participant or the Participant's Spouse or Dependent if such individual(s) lose coverage under any group health coverage sponsored by a governmental or educational institution, including (but not limited to) the following: a medical care program of an Indian Tribal government (as defined in Code Section 7701 (a) (40)), the Indian Health Service, or a tribal organization; a state health benefits risk pool; or a foreign government group health plan, subject to the terms and limitations of the applicable benefit package option(s). In addition, to the extent permitted under the Children's Health Insurance Program Reauthorization Act of 2009, an Eligible Employee may enroll and a Participant may change an election for accident or health coverage during a Plan Year and make a new election that corresponds with the special enrollment rights provided in Code Section 9801(f), in the event that either (i) the Employee or his Dependent is covered under a plan offered under Medicaid or a State Children's Health Insurance Program (SCHIP) established under Title XXI of the Social Security Act and such coverage is terminated as the result of a loss of eligibility, or (ii) the Employee or Dependent becomes eligible for a state premium assistance subsidy from a plan offered under Medicaid or through a SCHIP). In either case, the Employee must meet the 60 day notice requirements imposed by Code Section 9801(f) (or such longer period as may be permitted by the Plan and communicated to Participants). Such change shall take place on a prospective basis, unless otherwise required by Code Section 9801(f) to be retroactive. g) If the cost of a Benefit provided under the Plan increases or decreases during a Plan Year, then the Plan shall automatically increase or decrease, as the case may be, the Salary Redirections of all affected Participants for such Benefit. Alternatively, if the cost of a benefit package option increases significantly, the Administrator shall permit the affected Participants to either make corresponding changes in their payments; or revoke their elections and, in lieu thereof, receive on a prospective basis coverage under another benefit package option with similar coverage; or drop coverage prospectively if there is no other benefit package option available that provides similar coverage. This Plan treats coverage by another employer, such as a Spouse's or Dependent's employer, as similar coverage. h) If the cost of a Benefit provided under the Plan decreases significantly during a Plan Year, the Administrator shall permit the affected Participants to either make corresponding changes in their payments; and employees who are otherwise eligible under the Plan may elect the benefit package option, subject to the terms and limitations of the benefit package option. i) If the coverage under a Benefit is significantly curtailed and such curtailment results in a loss of coverage, or ceases during a Plan Year, any affected Participants may revoke their elections of such Benefit and, in lieu thereof, elect to receive on a prospective basis coverage under another Plan with similar Section 125 Cafeteria Plan Document (1/1/2023) Page 19 of 44 coverage or drop coverage prospectively if there is no other benefit package option available that provides similar coverage. j) If the coverage under a Benefit is significantly curtailed and such curtailment does not result in a loss of coverage, affected Participants may revoke their elections of such Benefit and, in lieu thereof, elect to receive on a prospective basis coverage under another Plan with similar coverage. k) If, during the period of coverage, a new benefit package option or other coverage option is added (or an existing benefit package option or other coverage option is eliminated), or a significantly improved existing benefit package option is added, then the affected Participants and employees who are otherwise eligible under the Plan may elect the newly added or significantly improved option (or elect another option if an option has been eliminated) prospectively and make corresponding election changes with respect to other benefit package options providing similar coverage. 1) A Participant may make a prospective election change that is on account of and corresponds with a change made under the plan of a Spouse's, former Spouse's, or Dependent's employer if 1) the cafeteria plan or other benefits plan of the Spouse's, former Spouse's, or Dependent's employer permits its Participants to make a change; or 2) the cafeteria plan permits Participants to make an election for a period of coverage that is different from the period of coverage under the cafeteria plan of a Spouse's, former Spouse's, or Dependent's employer. m) A Participant may make a prospective election change that is on account of and corresponds with a change by the Participant in the dependent care service provider. For example: (a) if the Participant terminates one dependent care service provider and hires a new dependent care service provider, then the Participant may change coverage to reflect the cost of the new service provider; and (b) if the Participant terminates a dependent care service provider because a different dependent care provider becomes available to take care of the child at no charge, then the Participant may cancel coverage. A cost change is also allowable in the Dependent Care Assistance Program if the cost change is imposed by the dependent care provider who is not related to the Participant, as defined in Code Section 152(a)(1) through (8). However, a Participant shall not be permitted to change an election to the Healthcare Flexible Spending Account as a result of a cost or coverage change under this subsection. n) Generally, the termination of employment by a Participant shall not be considered a change in status. Therefore, upon termination, such Participant shall not be entitled to change existing Benefit elections. Rather, such termination shall constitute a revocation of all existing Benefit elections, except with regard to the Healthcare Flexible Spending Account, in which case the Participant's election shall be governed by Section 2.7. o) Notwithstanding any other provision of this Plan, the Administrator may 1) permit a Participant to revoke (and subsequently reinstate) their election of one or more Section 125 Cafeteria Plan Document (1/1/2023) Page 20 of 44 Benefit coverages under the Plan and 2) adjust a Participant's Compensation redirection as a result of a revocation or reinstatement to the extent the Administrator deems necessary or appropriate to assure the Plan's compliance with the provisions of the Family and Medical Leave Act of 1993 and any Regulations pertaining thereto. 5.5 CONSISTENCY REQUIREMENT a) A Participant's requested revocation and new election will be consistent with a change in status 1) if the election change is on account of and corresponds with a change in status that affects the eligibility for coverage under a Plan of the Employer or under a Plan maintained by the employer of the Participant's Spouse or Dependent, and 2) with respect to dependent care assistance, if the election change is on account of and corresponds with a change in status that affects expenses described in Code Section 129 (including employment -related expenses defined in Code Section 21(b)(2)). A change in status election is not consistent if the change in status is due to the Participant's divorce, annulment, or legal separation from a Spouse; the death of a Spouse or Dependent; or a Dependent ceases to satisfy the eligibility requirements for coverage, yet the Participant's election under the Plan is to cancel accident or health insurance coverage for any individual other than the one involved in such event. Likewise, if the Participant, Spouse, or Dependent gains eligibility for coverage under a family member plan as a result of a change in marital status or a change in employment status, then a Participant's election under the Plan corresponds with that change in status only if coverage for that individual becomes applicable or is increased under the family member plan. b) Regardless of the consistency requirement, if the individual, the individual's Spouse, or Dependent becomes eligible for continuation coverage under the Employer's group health plan as provided in Code Section 4980B or any similar state law, then the individual may elect to increase payments under this Plan in order to pay for the continuation coverage. ARTICLE VI HEALTHCARE FLEXIBLE SPENDING ACCOUNT 6.1 ESTABLISHMENT OF PLAN This Healthcare Flexible Spending Account is intended to qualify as a medical reimbursement plan under Code Section 105 and shall be interpreted in a manner consistent with such Code Section and the Treasury Regulations thereunder. Participants who elect to participate in this Healthcare Flexible Spending Account may submit claims for the reimbursement of medical expenses. All amounts reimbursed under this Healthcare Flexible Spending Account shall be periodically paid from amounts allocated to the Participant's Healthcare Flexible Spending Account. Periodic payments reimbursing Participants from the Healthcare Flexible Spending Account shall in no event occur less frequently than monthly. Section 125 Cafeteria Plan Document (1/1/2023) Page 21 of 44 6.2 DEFINITIONS For the purposes of this Article and the Plan, the terms below have the following meaning: a) "Healthcare Flexible Spending Account" means the account established for Participants pursuant to this Plan to which part of their Health Flex Contribution, non -Health Flex Contribution, or Salary Redirection may be allocated and from which all allowable medical expenses may be reimbursed. The City also offers a Limited -Purpose Healthcare Flexible Spending Account that reimburses only vision care, dental care, and preventative care expenses (as defined in Code Section 223(c)). Participants can either enroll in the Healthcare Flexible Spending Account or the Limited -Purpose Healthcare Flexible Spending Account but not enroll in both and must choose their option for the entire Plan Year. b) "Healthcare Flexible Spending Account Plan" means the Plan of Benefits contained in this Article, which provides for the reimbursement of eligible medical expenses incurred by a Participant, their Spouse, or their Dependents. The City also offers a Limited -Purpose Healthcare Flexible Spending Account Plan that reimburses only vision and dental expenses. c) "Highly Compensated Employee" means for the purpose of this Article and determining discrimination under Code Section 105(h) a Participant who is: 1) One of the five highest paid officers; 2) A shareholder who owns (or is considered to own applying the rules of Code Section 318) more than 10 percent in value of the stock of the Employer; or 3) Among the highest paid 25 percent of all Employees (other than exclusions permitted by Code Section 105(h)(3)(B) for those individuals who are not Participants). d) "Incurred" means a medical expense is incurred at the time the medical care or service giving rise to the expense is furnished, and not when the Participant is formally billed for, charged for, or pays for the medical care. e) "Medical Expenses" means any expense for medical care within the meaning of the term "medical care" or "medical expense" as defined in Code Section 213(d) and as allowed under Code Section 105 and the rulings and Treasury Regulations thereunder, and not otherwise used by the Participant as a deduction in determining their tax liability under the Code. However, a Participant may not be reimbursed for the cost of other health coverage such as Premiums paid under plans maintained by the employer of the Participant's Spouse or individual policies maintained by the Participant or their Spouse or Dependent. Furthermore, a Participant may not be reimbursed for "qualified long-term care services" as defined under Code Section 7702B. Section 125 Cafeteria Plan Document (1/1/2023) Page 22 of 44 f) The definitions in Article I are hereby incorporated by reference to the extent necessary to interpret and apply the provisions of this Healthcare Flexible Spending Account. 6.3 FORFEITURES AND CARRYOVER The amount in the Healthcare Flexible Spending Account as of the end of any Plan Year (and after the processing of all claims for such Plan Year pursuant to Section 6.7 hereof) shall be forfeited and credited to the benefit plan surplus. In such event, the Participant shall have no further claim to such amount for any reason. Notwithstanding this provision, the provisions of the Plan concerning the payment of qualifying expenses, which include payment from any Healthcare Flexible Spending Account that would otherwise be forfeited if not incurred by the end of the Plan Year, are as follows: For Plan Years prior to 2022, the Plan shall provide for a carryover of $500 of any amount remaining unused in a Healthcare Flexible Spending Account as of the end of the Plan Year, except as otherwise provided in Article XVI. For Plan Years beginning after 2022, the maximum carryover amount may be changed by the Plan Administrator and shall be communicated to Employees through the election of Benefits form or another document, provided that the maximum carryover amount shall not exceed 20% of the maximum amount permitted under Code §125(i). Such carryover amount shall be used to pay or reimburse Medical Expenses under any Healthcare Flexible Spending Account incurred during the entire Plan Year to which it is carried over. Such carryover amounts may not be cashed out or converted to any other taxable or nontaxable benefit, and will not count toward the limitation on allocations for the following Plan Year, as described in Section 6.4. A Participant who is otherwise eligible for the Healthcare Flexible Spending Account for a Plan Year but does not make a Healthcare Flexible Spending Account election for that Plan Year may use any carryovers from the preceding Plan Year for Medical Expenses incurred in the current or preceding Plan Year. However, an Employee or other individual must be a Participant in the Healthcare Flexible Spending Account as of the last day of a Plan Year in order to carry over unused amounts to the next Plan Year. Termination of employment and cessation of eligibility will result in a loss of carryover eligibility unless a COBRA election is made. Medical Expenses incurred during a Plan Year will be reimbursed first from a Participant's unused amounts credited for that Plan Year and then from amounts carried over from the preceding Plan Year. Carryovers that are used to reimburse a current Plan Year expense will reduce the amount available to pay the Participant's preceding Plan Year expenses, cannot exceed the maximum carryover amount, and will count against the maximum carryover amount. If unused Healthcare Flexible Spending Amounts remain for a Plan Year after all reimbursements have been made for that Plan Year in excess of the amount that can be carried over, the Participant will forfeit all rights with respect to those amounts, which will be subject to the Plan's provisions regarding forfeitures. Section 125 Cafeteria Plan Document (1/1/2023) Page 23 of 44 6.4 LIMITATION ON ALLOCATIONS a) Notwithstanding any provision contained in this Healthcare Flexible Spending Account to the contrary, the maximum amount, which may be allocated by a Participant in or on account of any Plan Year to this Account, is prescribed in the Employer's Adoption Agreement. The minimum amount which may be allocated by a Participant in or on account of any Plan Year to this Account shall be $0.00. b) Cost of Living Adjustment. In no event shall the amount of salary redirections on the Healthcare Flexible Spending Account exceed $3,050 in taxable year 2023 and as adjusted and indexed for other taxable years in accordance with Code Section 125(i)(2). c) Participation in Other Plans. All employers that are treated as a single employer under Code Sections 414(b), or (m), relating to controlled groups and affiliated service groups, are treated a single employer for purposes of the $3,050 limit, as adjusted and indexed for other taxable years in accordance with Code Section 125(i)(2). d) Carryover Provision. The carryover amount will not count against or otherwise affect the $3,050 limit (as adjusted and indexed for other taxable years in accordable with Code Section 125(i)(2)) on annual Healthcare Flexible Spending Accounting Salary Redirections. 6.5 NONDISCRIMINATION REQUIREMENTS a) To the extent legally applicable, it is the intent of this Healthcare Flexible Spending Account not to discriminate in violation of the Code and the Treasury Regulations thereunder. b) If the Administrator deems it necessary to avoid discrimination under this Healthcare Flexible Spending Account, it may, but shall not be required to, reject any elections or reduce contributions or Benefits in order to assure compliance with this Section. Any act taken by the Administrator under this Section shall be carried out in a uniform and nondiscriminatory manner. If the Administrator decides to reject any elections or reduce contributions or Benefits, it shall be done in the following manner. First, the Benefits designated for the Healthcare Flexible Spending Account by the member of the group in whose favor discrimination may not occur pursuant to Code Sections 105 or 125 that elected to contribute the highest amount of the account for the Plan Year shall be reduced until the nondiscrimination tests set forth in this Section or the Code are satisfied, or until the amount designated for the account equals the amount designated for the account by the next member of the group in whose favor discrimination may not occur pursuant to Code Sections 105 or 125 who has elected the second highest contribution to the Healthcare Flexible Spending Account for the Plan Year. This process shall continue until the nondiscrimination tests set forth in this Section or the Code are satisfied. Contributions, which are not utilized to provide Benefits to any Participant by virtue of any administrative Section 125 Cafeteria Plan Document (1/1/2023) Page 24 of 44 act under this paragraph, shall be forfeited and credited to the benefit plan surplus. 6.6 COORDINATION WITH SECTION 125 CAFETERIA PLAN All Participants under the Plan are eligible to receive Benefits under this Healthcare Flexible Spending Account. The enrollment and termination of participation under the Plan overall shall constitute enrollment and termination of participation under this Healthcare Flexible Spending Account Program. In addition, other matters concerning contributions, elections, and the like shall be governed by the general provisions of the Plan overall. 6.7 HEALTHCARE FLEXIBLE SPENDING ACCOUNT CLAIMS a) All Medical Expenses incurred by a Participant shall be reimbursed during the Plan Year subject to Sections 2.5 through 2.8, even though the submission of such a claim occurs after their participation hereunder ceases; but provided that the Medical Expenses were incurred during the applicable Plan Year. b) The Administrator shall direct the reimbursement to each eligible Participant for all allowable Medical Expenses, up to a maximum of the amount designated by the Participant for the Healthcare Flexible Spending Account for the Plan Year. Reimbursements shall be made available to the Participant throughout the year without regard to the level of Health Flex Contributions, Non -Health Flex Contributions, or Salary Redirection amounts which have been allocated to the account at any given point in time. Furthermore, a Participant shall be entitled to reimbursements only for amounts in excess of any payments or other reimbursements under any healthcare plan covering the Participant and/or the Participant's Spouse or Dependents. c) Claims for the reimbursement of Medical Expenses incurred in any Plan Year shall be paid within 30 days after receipt by the Administrator; provided however, that if a Participant fails to submit a claim within the 90-day period immediately following the end of the Plan Year or the 90-day period immediately following a Participant's date of termination, those Medical Expense claims shall not be considered for reimbursement by the Administrator. The 30-day time period for the Administrator to pay claims for reimbursement of Medical Expenses may be extended by an additional 15 days for matters beyond the control of the Administrator, including in cases where a reimbursement claim is incomplete. The Administrator will provide written notice of any extension, including the reasons for the extension, and will allow the Participant 45 days in which to complete the previously incomplete reimbursement claim. d) Claims Substantiation. A Participant who has elected to receive Healthcare Flexible Spending Account Benefits may apply for reimbursement by submitting a request in writing to the Administrator in such form as the Administrator may prescribe, by no later than 90-days following the close of the Plan Year in which the Medical Expense was incurred (except that for a Participant who ceases to Section 125 Cafeteria Plan Document (1/1/2023) Page 25 of 44 be eligible to participate, this must be done no later than 90-days after the date that eligibility ceases setting forth: 1) The person(s) on whose behalf Medical Expenses have been incurred; 2) The nature and date of the Medical Expenses so incurred; 3) The amount of the requested reimbursement; 4) A statement that such Medical Expenses have not otherwise been reimbursed and that the Participant will not seek reimbursement through any other source; and 5) Other such details about the expenses that may be requested by the Administrator in the reimbursement request form or otherwise (e.g., a statement from a medical practitioner that the expense is to treat a specific medical condition, or a more detailed certification from the Participant). The application shall be accompanied by bills, invoices, or other statements from an independent third party showing that the Medical Expenses have been incurred and showing the amounts of such Medical Expenses, along with any additional documentation that the Plan Administrator may request. If the Healthcare Flexible Spending Account is accessible by an electronic payment card (e.g., debit card, credit card, or similar arrangement), the Participant will be required to comply with substantiation procedures established by the Plan Administrator in accordance with Rev. Rul. 2003-43, IRS Notice 2006-69, or other IRS guidance. Unless payment arrangements are as directed within this paragraph or as otherwise specified below, reimbursement payments under this Plan shall be made directly to the Participant. However, at the Administrator's discretion, payments may also be made directly to the service provider. The Administrator shall retain a file of all such statements and applications. e) Claims Denied. For reimbursement claims that are denied, see the appeals procedure in Article VIII. ARTICLE VII DEPENDENT CARE ASSISTANCE PROGRAM 7.1 ESTABLISHMENT OF PROGRAM This Dependent Care Assistance Program is intended to qualify as a program under Code Section 129 and shall be interpreted in a manner consistent with such Code Section. Participants who elect to participate in this program may submit claims for the reimbursement of employment -related dependent care expenses. All amounts reimbursed under this Section 125 Cafeteria Plan Document (1/1/2023) Page 26 of 44 Dependent Care Assistance Program shall be periodically paid from amounts allocated to the Participant's Dependent Care Assistance Account. 7.2 DEFINITIONS For the purposes of this Article and the Plan, the terms below shall have the following meaning: a) "Dependent Care Assistance Account" means the account established for a Participant pursuant to this Plan to which part of their Salary Redirection and/or non -Health Flex Contribution may be allocated and from which all employment - related dependent care expenses of the Participant may be reimbursed. b) "Dependent Care Assistance Program" means the program of Benefits contained in this Article, which provides for the reimbursement of eligible expenses for the care of the Qualifying Dependents of Participants. c) "Earned Income" means earned income as defined under Code Section 32(c)(2), but excluding such amounts paid or incurred by the Employer for dependent care assistance to the Participant. d) "Employment -Related Dependent Care Expenses" means the amounts paid for expenses of a Participant for those services, which if paid by the Participant, would be considered employment -related expenses under Code Section 21(b)(2). Generally, they shall include expenses for household services or for the care of a Qualifying Dependent, to the extent that such expenses are incurred to enable the Participant to be gainfully employed for any period for which there is one or more Qualifying Dependents with respect to such Participant. The determination of whether an amount qualifies as an employment -related dependent care expense shall be made subject to the following rules: 1) If such amounts are paid for expenses incurred outside of the Participant's household, they shall constitute employment -related dependent care expenses only if incurred for a Qualifying Dependent as defined in Section 7.2(f)(1) (or deemed to be, pursuant to Section 7.2(f)(3)), or for a Qualifying Dependent as defined in Section 7.2(f)(2) (or deemed to be, pursuant to Section 7.2(f)(3)) who regularly spends at least 8 hours per day in the Participant's household; 2) If the expense is incurred outside the Participant's home at a facility that provides care for a fee, payment, or grant for more than six individuals who do not regularly reside at the facility, the facility must comply with all applicable State and local laws and regulations, including licensing requirements, if any; and Section 125 Cafeteria Plan Document (1/1/2023) Page 27 of 44 3) Employment -related dependent care expenses of a Participant shall not include amounts paid or incurred to a child of such Participant who is under the age of 19 or to an individual who is a dependent of such Participant or such Participant's Spouse. e) "Highly Compensated Employee" means an Employee who is a Highly Compensated Employee within the meaning of Code Section 414(q) and the Treasury Regulations thereunder. f) "Qualifying Dependent" means, for Dependent Care Assistance Program purposes, 1) A Dependent (as defined under Code Section 152(a)(1) who is under the age of 13; 2) A Qualifying Child, a Qualifying Relative or the Spouse of a Participant who is physically or mentally incapable of caring for himself or herself and who has the same principal place of residence as the Participant for more than one-half of year; or 3) A Dependent that is deemed to be a Qualifying Dependent described in paragraph (1) or (2) above, whichever is appropriate, pursuant to Code Section 21(e)(5). g) The definitions of Article I are hereby incorporated by reference to the extent necessary to interpret and apply the provisions of this Dependent Care Assistance Program. 7.3 DEPENDENT CARE ASSISTANCE ACCOUNTS The Administrator shall establish a Dependent Care Assistance Account for each Participant who elects to apply their Salary Redirection and/or non -Health Flex Contribution to Dependent Care Assistance Program Benefits. 7.4 INCREASES IN DEPENDENT CARE ASSISTANCE ACCOUNTS A Participant's Dependent Care Assistance Account shall be increased each pay period by the portion of Salary Redirection and/or Non -Health Flex Contributions that they have elected to apply toward their Dependent Care Assistance Account pursuant to elections made under Article V hereof. 7.5 DECREASES IN DEPENDENT CARE ASSISTANCE ACCOUNTS A Participant's Dependent Care Assistance Account shall be reduced by the amount of any employer -related dependent care expense reimbursements incurred on behalf of a Participant pursuant to Section 7.12 hereof. Section 125 Cafeteria Plan Document (1/1/2023) Page 28 of 44 7.6 ALLOWABLE DEPENDENT CARE ASSISTANCE REIMBURSEMENT Subject to limitations contained in Section 7.9 of this Program, and to the extent of the amount contained in the Participant's Dependent Care Assistance Account, a Participant who incurs employment -related dependent care expenses shall be entitled to receive from the Employer full reimbursement for the entire amount of such expenses incurred during the Plan Year or portion thereof during which they are a Participant. 7.7 ANNUAL STATEMENT OF BENEFITS On or before January 31 of each calendar year, the Employer shall furnish to each Employee who was a Participant and received Benefits under Section 7.6 during the prior calendar year, a statement of all such Benefits paid to or on behalf of such Participant during the prior calendar year. 7.8 FORFEITURES AND CLAIMS EXTENSION PERIOD The amount in a Participant's Dependent Care Assistance Account as of the end of any Plan Year (and after the processing of all claims for such Plan Year pursuant to Section 7.12 hereof) shall be forfeited and credited to the benefit plan surplus. In such event, the Participant shall have no further claim to such amount for any reason. Notwithstanding this provision, the provisions of the Plan concerning the payment of qualifying expenses or other similar benefits, which may include but is not limited to payment from dependent care assistance accounts or other similar arrangements, that would otherwise be forfeited if not incurred by the end of the Plan Year are amended in the following respects: a) Claims Incurred Prior to the End of the Plan Year. For purposes of any provisions within the Plan that require qualifying expenses or other similar benefits to have been incurred by the end of the Plan Year to be eligible for reimbursement by the Plan, as of the Effective Date, the Plan shall also reimburse any qualifying expenses or other similar benefits that are incurred within the Claims Extension Period immediately following the end of the Plan Year. Any Plan provisions related to the deadline for forfeiture of any unused Plan accounts that are not utilized by the end of the Plan Year shall also take into consideration the Claims Extension Period. b) Claims Extension Period —Defined. For purposes of these rules, the "Claims Extension Period" shall be the period that ends on the 15t" day of the third month immediately following the end of the most recent Plan Year. c) Order of Expense or Benefit Payment. Amounts remaining in the Participant's applicable dependent care assistance or other similar Plan account as of the end of the Plan Year shall be used first for the payment of any claims submitted during the Claims Extension Period. If all prior year amounts have been fully utilized, claims incurred during the Claims Extension Period shall be paid from any amounts elected for the Plan Year immediately coinciding with the Claims Extension Period. For these purposes, amounts remaining in one Plan account cannot be used to supplement the lack of available funds from another Plan Section 125 Cafeteria Plan Document (1/1/2023) Page 29 of 44 account (e.g., excess amounts within a participant's dependent care assistance account may not be used to fund flexible spending account health claims incurred during the Claims Extension Period). d) Forfeitures. Any amount(s) that remain as of the end of any Plan Year (including the processing all allowable claims submitted during the Claims Extension Period, pursuant to b) above) shall be forfeited and credited to any benefit plan surplus. In such event, the Participant shall have no further claim to such amount for any reason, subject to any claims appeal rights otherwise set forth herein. e) Claims Submission Deadline. All claims reimbursement requests must be submitted by the end of the month following the end of the Claim Extension Period deadline. 7.9 LIMITATION ON PAYMENTS Notwithstanding any provision contained in this Article to the contrary, amounts paid from a Participant's Dependent Care Assistance Account in or on account of any taxable year of the Participant shall not exceed the lesser of the Earned Income limitation described in Code Section 129(b) or ($5,000 ($2,500 if a separate tax return is filed by a Participant who is married as determined under the rules of paragraphs (3) and (4) of Code Section 21(e)) or such lesser or greater amount as determined by the Department of Treasury or the IRS for future taxable years. The minimum amount that a Participant may elect to receive under this Plan in the form of reimbursements for dependent care expenses shall be $0.00. 7.10 NONDISCRIMINATION REQUIREMENTS a) To the extent legally applicable, it is the intent of this Dependent Care Assistance Program that contributions or Benefits not discriminate in favor of Highly Compensated Employees or their Dependents, as prohibited by Code Section 129(d). b) It is the intent of this Dependent Care Assistance Program that not more than 25 percent of the amounts paid by the Employer for dependent care assistance during the Plan Year will be provided for the class of individuals who are shareholders or owners (or their Spouses or Dependents), each of whom (on any day of the Plan Year) owns more than 5 percent of the stock or of the capital or profits interest in the Employer. c) If the Administrator deems it necessary to avoid discrimination or possible taxation to Highly Compensated Employees defined under Section 7.2(e) or to principal shareholders or owners as set forth in this Section, it may, but shall not be required to, reject any elections or reduce contributions or nontaxable Benefits in order to assure compliance with this Section. Any action taken by the Administrator under this Section shall be carried out in a uniform and nondiscriminatory manner. If the Administrator decides to reject any elections or reduce contributions or Benefits, it shall be done in the following manner. First, the Benefits designated for the Dependent Care Assistance Account by the Section 125 Cafeteria Plan Document (1/1/2023) Page 30 of 44 Highly Compensated Employee that elected to contribute the highest amount to such account for the Plan Year shall be reduced until the nondiscrimination tests set forth in this Section are satisfied, or until the amount designated for the account equals the amount designated for the account of the Highly Compensated Employee who has elected the second highest contribution to the Dependent Care Assistance Account for the Plan Year. This process shall continue until the nondiscrimination tests set forth in this Section are satisfied. Contributions, which are not utilized to provide Benefits to any Participant by virtue of any administrative act under this paragraph, shall be forfeited. 7.11 COORDINATION WITH SECTION 125 CAFETERIA PLAN Participants under the Plan are eligible to receive Benefits under this Dependent Care Assistance Program as specified in the Memorandum of Understanding between the City of Temecula and Teamsters Local 911, the City of Temecula Management Compensation Plan, or the City of Temecula City Council Compensation Plan, as they may be amended, or other policies or contracts adopted by the Employer. The enrollment and termination of participation under the Plan shall constitute enrollment and termination of participation under this Dependent Care Assistance Program. In addition, other matters concerning contributions, elections, and the like shall be governed by the general provisions of the Plan. 7.12 DEPENDENT CARE ASSISTANCE PROGRAM CLAIMS The Administrator shall direct the payment of all such Dependent Care Assistance claims to the Participant upon the presentation to the Administrator of documentation of such expenses in a form satisfactory to the Administrator. However, at the Administrator's discretion, payments may be made directly to the service provider. In its discretion in administering the Plan, the Administrator may utilize forms and require documentation of costs as may be necessary to verify the claims submitted. At a minimum, the form shall include a statement from an independent third party as proof that the expense has been incurred and the amount of such expense. In addition, the Administrator may require that each Participant who desires to receive reimbursement under this Program for employment -related dependent care expenses submit a statement, which may contain some or all of the following information: a) The Dependent or Dependents for whom the services were performed; b) The nature of the services performed for the Participant, the cost of which they wish reimbursement; c) The relationship, if any, of the person performing the services to the Participant; d) If the services are being performed by a child of the Participant, the age of the child; e) A statement as to where the services were performed; Section 125 Cafeteria Plan Document (1/1/2023) Page 31 of 44 f) If any of the services were performed outside the home, a statement as to whether the Dependent for whom such services were performed spends at least 8 hours a day in the Participant's household; g) If the services were being performed in a daycare center, a statement 1) That the daycare center complies with all applicable laws and regulations of the state of residence, 2) That the daycare center provides care for more than six individuals (other than individuals residing at the center), and 3) Of the amount of fee paid to the provider. h) If the Participant is married, a statement containing the following: 1) The Spouse's salary or wages if they are employed, or 2) If the Participant's Spouse is not employed, that (a) They are incapacitated, or (b) They are a full-time student attending an educational institution and the months during the year which they attended such institution. i) If a Participant fails to submit a claim within the 90-day period immediately following the end of the Plan Year, the Administrator shall not consider those claims for reimbursement. j) Subject to Section 7.13, all Dependent Care Assistance claims incurred by a Participant shall be reimbursed during the Plan Year subject to Sections 2.5 through 2.8 of the Plan, even though the submission of such a claim occurs after their participation hereunder ceases, provided that the Dependent Care Assistance Expenses were incurred during the applicable Plan Year prior to the date that the Participant ceases to be eligible (or during any Grace Period to which he or she is entitled) and provided that the Participant (or the Participant's estate) files a claim within 90 days after the date that the Participant's employment terminates or the Participant otherwise ceases to be eligible. k) The Administrator shall direct the reimbursement to each eligible Participant for all allowable employment -related dependent care expenses, up to a maximum of the amount designated by the Participant for the Dependent Care Assistance Program for the Plan Year. Reimbursements shall be made available to the Participant throughout the year up to the level of Salary Redirection and/or non - Health Flex Contributions which have been allocated to the account at any given point in time. Furthermore, a Participant shall be entitled to reimbursements only for amounts in excess of any payments or other reimbursements under any Dependent Care Assistance Plan covering the Participant and/or the Participant's Spouse or Dependents. Section 125 Cafeteria Plan Document (1/1/2023) Page 32 of 44 1) Notwithstanding anything in this Section to the contrary, Dependent Care Expenses incurred during the Claims Extension Period, up to the remaining account balance, shall also be deemed to have been incurred during the Plan Year to which the Claims Extension Period relates, if selected in the Employer's Adoption Agreement. Furthermore, the Participant shall provide a written statement that the Dependent Care Assistance Expense has not been reimbursed or is not reimbursable under any other Dependent Care Assistance Plan coverage and, if reimbursed from the Dependent Care Assistance Program, such amount will not be claimed as a tax credit. The Administrator shall retain a file of all such applications. Within 30 days after receipt by the Administrator of a reimbursement claim from a Participant, the Employer will reimburse the Participant for the Participant's dependent care expenses (if the Administrator approves the claim), or the Administrator will notify the Participant that his or her claim has been denied. This time period may be extended by an additional 15 days for matters beyond the control of the Administrator, including in cases where a reimbursement claim is incomplete. The Administrator will provide written notice of any extension, including the reasons for the extension, and will allow the Participant 45 days in which to complete the previously incomplete reimbursement claim. For reimbursement claims that are denied, see the appeals procedure in Article Vill. 7.13 REIMBURSEMENTS FROM DEPENDENT CARE ASSISTANCE PROGRAM AFTER TERMINATION OF PARTICIPATION When a Participant ceases to be a Participant of the Dependent Care Assistance Program, the Participant's Salary Redirections and election to participate will terminate. Except as otherwise provided in this Article (regarding certain individuals who may be reimbursed from prior Plan Year amounts for expenses incurred during a Grace Period), the Participant will not be able to receive reimbursements for dependent care expenses incurred after the end of the day on which the Participant's employment terminates or the Participant otherwise ceases to be eligible. However, such Participant (or the Participant's estate) may claim reimbursement for any dependent care expenses incurred during the Plan Year prior to the date that the Participant ceases to be eligible (or during any Grace Period to which he or she is entitled), provided that the Participant (or the Participant's estate) files a claim within 90 days after the date that the Participant's employment terminates or the Participant otherwise ceases to be eligible. Section 125 Cafeteria Plan Document (1/1/2023) Page 33 of 44 ARTICLE VIII APPEALS PROCEDURE 8.1 PROCEDURE IF BENEFITS ARE DENIED UNDER THIS PLAN If a claim for reimbursement under this Plan is wholly or partially denied, then claims shall be administered in accordance with the claims procedure set forth in the summary plan description for this Plan. ARTICLE IX RESERVED ARTICLE X RESERVED ARTICLE XI RESERVED Section 125 Cafeteria Plan Document (1/1/2023) Page 34 of 44 ARTICLE XII ADMINISTRATION 12.1 PLAN ADMINISTRATION The operation of the Plan shall be under the supervision of the Administrator. It shall be a principal duty of the Administrator to see that the Plan is carried out in accordance with its terms, and for the exclusive benefit of Employees entitled to participate in the Plan. The Administrator shall have full authority and discretion to administer the Plan in all of its details or may delegate a portion of such authority to any third party, subject, however, to applicable requirements of law. The Administrator's powers shall include, but shall not be limited to the following authority, in addition to all other powers provided by this Plan: a) To make and enforce such rules and regulations as the Administrator deems necessary or proper for the efficient administration of the Plan; b) To interpret the Plan, with the Administrator's interpretations thereof to be final and conclusive on all persons claiming Benefits under the Plan; c) To decide all questions concerning the Plan and the eligibility of any person to participate in the Plan and to receive Benefits provided under the Plan; d) To the extent applicable and considering this is a non-federal government plan covering collectively bargained employees, to reject elections or to limit contributions or Benefits for certain Highly Compensated Participants or other affected Participants if the Administrator deems such to be necessary in order to avoid discrimination under the Plan in violation of applicable provisions of the Code, or maintain compliance with any other applicable provisions of the Plan or other requirements of the law; e) To provide Employees with a reasonable notification of their Benefits available under the Plan; f) To approve reimbursement requests and to authorize the payment of Benefits; and g) To appoint such agents, counsel, accountants, consultants, and actuaries as may be required to assist in administering the Plan; and h) To delegate its responsibilities under the Plan and to designate other persons to carry out any of its responsibilities under the Plan, any such delegation or designation to be in writing. Any determination by the Administrator shall be final and conclusive on all persons, in the absence of clear and convincing evidence that the Administrator acted arbitrarily and capriciously. Notwithstanding the foregoing, any claim which arises under any plan of Insurance Benefits selected by the Employer under Paragraph 8 of its signed Adoption Agreement shall not be subject to review under this Plan, and the Administrator's authority Section 125 Cafeteria Plan Document (1/1/2023) Page 35 of 44 under this Section 12.1 shall not extend to any matter as to which an administrator under any such other plan is empowered to make determinations under such plan or policy. Any procedure, discretionary act, interpretation, or construction taken by the Administrator shall be done in a nondiscriminatory manner based upon uniform principles consistently applied and shall be consistent with the intent that the Plan shall continue to comply with the terms of Code Section 125 and the Treasury Regulations thereunder. 12.2 METHOD OF BENEFIT PAYMENT a) The Administrator shall make, or otherwise direct any Trustee to make (if applicable) any and all payments or other reimbursements in the manner specified herein and as otherwise elected by the Employer (e.g., direct reimbursement by check, automatic deposit via automated clearing house (ACH)). b) If a Participant agrees to the terms and conditions of any applicable cardholder agreement that provides for the payment of qualifying Benefit expenses through use of a debit or credit card, stored value card or other similar electronic media (hereinafter the "Debit Card"), payments under this Plan shall be made directly to the service provider, authorized merchant, or other independent third party that provides products or services that are eligible for payment of qualifying Benefit expenses as otherwise set forth herein. 1) Within the cardholder agreement, the Participant agrees that payment for qualifying Benefit expenses can only be made on behalf of the Participant, the Participant's Spouse, or other qualifying Dependents and is otherwise limited to the maximum dollar amount of coverage that is otherwise specified for that Benefit in accordance with the limitations set forth in the Employer's signed Adoption Agreement or as otherwise specified by the Participant's signed Election. The Participant also certifies that any expense paid with the Debit Card has not been, and will not be, reimbursed through any other plan or method of coverage provided under this Plan. The Participant -cardholder also understands that the certification, which shall be printed on the back of the Debit Card, is reaffirmed each time the Debit Card is used. The Participant -cardholder also agrees to acquire and retain sufficient documentation for any expense(s) paid with the Debit Card, including invoices and receipts where appropriate or as required by law. The Participant -cardholder also understands that the Debit Card is automatically cancelled at termination of employment or under such other situations that are otherwise set forth within the cardholder agreement itself. 2) Unless other more stringent procedures or requirements are implemented and communicated to the Employer and its Employees, the Administrator agrees that it shall separately adhere to the terms and conditions of any separate Employer cardholder servicing agreement, including but not limited to, a requirement to maintain the program in compliance with Section 125 Cafeteria Plan Document (1/1/2023) Page 36 of 44 applicable standards under the Code and any mandates that payments for qualifying expenses only be made to authorized merchants and service providers. The Administrator also agrees that it shall establish and maintain procedures for substantiation of any payments after the Debit Card has been used for qualifying Benefit payments that are in accordance with applicable provisions of the Code, any underlying Regulations and other applicable guidance thereunder. 3) If the Benefit reimbursement request is being submitted for any non - qualifying Benefit expense in a manner other than as specified under any of the methods allowable under existing IRS guidelines, the Administrator may make a conditional payment of an allowable Benefit item to the authorized service provider, merchant, or approved independent third party, but shall also require the Participant -cardholder to remit additional third -party information, such as merchant or service provider receipts, describing the service or product; the date of service or sale; and the amount, which shall be subject to further review and substantiation. 4) If a Participant attempts to utilize the Debit Card or other form of electronic payment for any improper or non -allowable purpose, the Participant shall be responsible for any and all fees or other expenses, including restitution or other similar penalty amounts, charged inappropriately by the Participant. 5) If any conditional payment or other Benefit payment has been made but is not deemed to be qualifying Benefit expense reimbursement, the Administrator shall ensure that proper correction procedures are maintained with respect to the improper payment(s): (a) Upon identification of any improper payment, the Administrator shall require the Participant to pay back to the Plan an amount equal to the improper payment; (b) If the Participant does not immediately repay the Plan, the Administrator shall ensure that the proper amount is withheld from the Participant's wages or other Compensation (with such amounts then being immediately remitted to the Plan by the Employer) to the extent consistent with applicable law; (c) To the extent that neither (a) nor (b) above are allowable or effective, the Administrator shall have the authority to utilize a Claim substitution or offset approach to resolve the improper Claim amount(s), with such methodology being clearly explained to the Participant -cardholder as part of their cardholder agreement. (d) The Administrator may also take any further steps or actions as deemed necessary, including denial or cancellation of access to the Debit Card until the indebtedness is repaid by the Participant. The Section 125 Cafeteria Plan Document (1/1/2023) Page 37 of 44 Administrator may also pursue any other methods of collection as would be consistent with its usual business practices to ensure the improper payment amounts are adequately remitted to the Plan as required by the Plan or Participant -cardholder agreement. 12.3 EXAMINATION OF RECORDS The Administrator shall make available to each Participant, Eligible Employee, and any other Employee of the Employer such records as pertain to their interest under the Plan for examination at reasonable times during normal business hours; provided, however, the Administrator shall have no obligation to disclose any records or information which the Administrator, in its sole discretion, determines to be of a privileged or confidential nature. 12.4 PAYMENT OF EXPENSES Any reasonable administrative expenses shall be paid by the Plan or by any Trust Fund that may be established hereunder. The Administrator may impose reasonable conditions for payments, provided that such conditions shall not discriminate in favor of Highly Compensated Employees to the extent nondiscrimination laws apply. 12.5 INSURANCE CONTROL CLAUSE In the event of a conflict between the terms of this Plan and the terms of an Insurance Contract of a particular Insurer whose product is then being used in conjunction with this Plan, the terms of the Insurance Contract shall control as to those Participants receiving coverage under such Insurance Contract. For this purpose, the Insurance Contract shall control in defining the persons eligible for insurance, the dates of their eligibility, the conditions which must be satisfied to become insured, if any, the Benefits Participants are entitled to, and the circumstances under which insurance terminates. 12.6 INDEMNIFICATION OF ADMINISTRATOR The Employer agrees to indemnify and to defend to the fullest extent permitted by law any Employee serving as the Administrator or as a member of a committee designated as Administrator (including any Employee or former Employee who previously served as Administrator or as a member of such committee) against all liabilities, damages, costs, and expenses (including attorney's fees and amounts paid in settlement of any claims approved by the Employer) occasioned by any act or omission to act in connection with the Plan, if such act or omission is in good faith. Section 125 Cafeteria Plan Document (1/1/2023) Page 38 of 44 ARTICLE XIII AMENDMENT OR TERMINATION OF PLAN 13.1 AMENDMENT The Employer, at any time or from time to time, may amend any or all of the provisions of the Plan without the consent of any Employee or Participant. No amendment shall have the effect of modifying any Benefit election of any Participant in effect at the time of such amendment, unless such amendment is made to comply with Federal, State, or local laws, statutes, or regulations. 13.2 TERMINATION By signing the Adoption Agreement, the Employer is establishing this Plan with the intent that it will be maintained for an indefinite period of time. Notwithstanding the foregoing, the Employer reserves the right to terminate the Plan, in whole or in part, at any time. In the event the Plan is terminated, no further contributions shall be made and no further additions shall be made to the Insurance Benefit program, Healthcare Flexible Spending Account, or Dependent Care Assistance Account. Payments from such account(s)/program(s) shall continue to be made according to the elections in effect until the end of the Plan Year in which the Plan termination occurs (and for a reasonable period of time thereafter, if required for the filing of Claims), or until the balances of all accounts have been reduced to zero, whichever occurs first. Any amounts remaining in any such account(s)/ program(s) as of the end of the Plan Year in which Plan termination occurs shall be forfeited after the expiration of the Claim filing period. The above notwithstanding, Benefits under any Insurance Contract shall be paid in accordance with the terms of that Contract. ARTICLE XIV HIPAA PRIVACY REQUIREMENTS As of the required Effective Date, the Employer has implemented or amended the Plan to comply with the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), as set forth in 45 C.F.R. Parts 160 through 164; 14.1 DEFINITIONS In addition to the specific definitions set forth below, all other capitalized terms used that are not otherwise defined herein have the meanings ascribed in HIPAA: a) "Designated Record Set" has the meaning in 45 CFR Section 164.501. b) "Electronic Media" has the meaning in 45 CFR Section 160.103, which is: 1) Electronic storage media including memory devices in computers (hard drives) and any removable/transportable digital memory medium, such as magnetic tape or disk, optical disk, or digital memory card; or Section 125 Cafeteria Plan Document (1/1/2023) Page 39 of 44 2) Transmission media used to exchange information already in electronic storage media. 3) Transmission media include, for example, the internet (wide-open), extranet (using internet technology to link a business with information accessible only to collaborating parties), leased lines, dial -up lines, private networks, and the physical movement of removable/transportable electronic storage media. Certain transmissions, including of paper, via facsimile, and of voice, via telephone, are not considered to be transmissions via electronic media, because the information being exchanged did not exist in electronic form before the transmission. c) "Electronic Protected Health Care Information" (also known as "ePHI") has the meaning in 45 CFR Section 160.103, and is limited to the information created, maintained, transmitted or received by Business Associate from or on behalf of the Plan. d) "Plan Administration Functions" is defined as activities that would meet the definition of Payment or Healthcare Operations by HIPAA as set forth in 45 C.F.R. Section 164.501, but do not include functions to modify, amend, or terminate the Plan or solicit bids from prospective issuers. Plan administration includes quality assurance, claims processing, auditing, monitoring, and management of carve -out plans (i.e., vision and dental). Plan administration does not include any employment -related functions or functions in connection with any other Benefits or Benefit plans, and the Plan(s) may not disclose information for such purposes absent an authorization from an individual for whom the information pertains. In addition, enrollment functions performed by the Employer are not considered Plan Administration Functions. e) "PHI" is defined as Protected Health Information, as set forth in 45 C.F.R. Section 164.501. It is information that is created or received by a health plan, employer, healthcare provider, or healthcare clearing house and includes information that relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual. In addition, the information either identifies the individual; or with respect to which there is a reasonable basis to believe the information can be used to identify the individual. This information may be maintained or transmitted either electronically or in any other form or medium. f) "Secretary" means the Secretary of the Department of Health and Human Services or designee. g) "Security Incident" has the meaning in 45 CFR Section 164.304, which is: the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations in an information system. Section 125 Cafeteria Plan Document (1/1/2023) Page 40 of 44 h) "Summary Health Information" is defined by HIPAA as set forth in 45 C.F.R. Section 164.504 as information that may be PHI, and that summarizes the claims history, claims expenses, or type of claims experienced by individuals for whom the Employer has provided health benefits under the Plan; and from which the following information has been deleted, except that the geographic information described in 2) need only be aggregated to the level of a five -digit zip code or the initial three digits of a zip code: 1) Names; 2) All geographic subdivisions smaller than a State, including street address, city, county, precinct, zip code, and their equivalent geocodes, except for the initial three digits of a zip code if, according to the current publicly available data from the Bureau of the Census: (a) The geographic unit formed by combining all zip codes with the same three initial digits contains more than 20,000 people; and (b) The initial three digits of a zip code for all such geographic units containing 20,000 or fewer people is changed to 000. 3) All elements of dates (except year) for dates directly related to an individual, including birth date, admission date, discharge date, date of death; and all ages over 89 and all elements of dates (including year) indicative of such age, except that such ages and elements may be aggregated into a single category of age 90 or older; 4) Telephone numbers; 5) Fax numbers; 6) Electronic mail addresses; 7) Social Security numbers; 8) Medical record numbers; 9) Health plan beneficiary numbers; 10) Account numbers; 11) Certificate/license numbers; 12) Vehicle identifiers and serial numbers, including license plate numbers; 13) Device identifiers and serial numbers; 14) Web Universal Resource Locators (URLs); Section 125 Cafeteria Plan Document (1/1/2023) Page 41 of 44 15) Biometric identifiers, including finger and voice prints; 16) Full face photographic images and any comparable images; and 17) Any other unique identifying number, characteristic, or code. 14.2 DISCLOSURE OF SUMMARY HEALTH INFORMATION The Plan, its Administrator, or any contracted representatives of the Plan, may disclose Summary Health Information to the Employer, if the Employer requests the Summary Health Information for the purpose of: a) Obtaining premium bids from health plans for providing health insurance coverage under the Plan; or b) Modifying, amending, or terminating the Plan. 14.3 DISCLOSURE OF PHI The Plan, its Administrator, or any contracted representatives of the Plan, may release PHI to the Employer, so long as the Employer agrees to do the following: a) The Employer shall not use or further disclose the PHI other than as permitted or required by the Plan's documents or as required by law; b) The Employer shall ensure that any agents, including a subcontractor, to whom it provides PHI shall agree to the same restrictions and conditions that apply to the Employer with respect to such PHI; c) The Employer shall not use or disclose the PHI for employment -related actions and decisions, or in connection with any other Benefit or employee Benefit plan of the Employer; d) The Employer agrees to report to the Plan any use or disclosure of the PHI that is inconsistent with the uses or disclosures providing herein, if and when the Employer becomes aware of such inconsistent use or disclosure; e) The Employer, in accordance with HIPAA as set forth in 45 C.F.R. Section 164.524 and consistent with the Employer Privacy Policy, has authorized the Plan to make PHI available to individuals; f) The Employer, in accordance with HIPAA as set forth in 45 C.F.R. Section 164.524 and consistent with the Employer Privacy Policy, has authorized the Plan to make PHI available to individuals for amendment and to incorporate such amendments of PHI; g) The Employer, in accordance with HIPAA as set forth in 45 C.F.R. Section 164.528 and consistent with the Employer Privacy Policy, has authorized the Section 125 Cafeteria Plan Document (1/1/2023) Page 42 of 44 Plan to make available the information required to provide an accounting of disclosures; h) The Employer, agrees to make its internal practices, books, and records relating to the use and disclosure of PHI received from the Plan available to the Secretary for purposes of determining the Plan's compliance with HIPAA; i) If feasible, the Employer shall return or destroy all PHI that the Employer received from the Plan and which the Employer no longer needs for the purpose for which disclosure was made, except that, if such return or destruction is not feasible, the Employer shall limit further uses and disclosures to those purposes that make the return or destruction of the PHI infeasible; j) The Employer agrees to use appropriate safeguards to prevent unauthorized use or disclosure of PHI, and have reasonable and appropriate safeguards in place to protect the confidentiality, integrity and availability of ePHI; k) The Employer agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of the requirements of this Agreement; 1) The Employer agrees to report to the Plan, any use or disclosure of PHI of which it becomes aware that is not permitted or required by HIPAA; and m) The Employer agrees to report to the Plan any Security Incident of ePHI of which it becomes aware. 14.4 ADEQUATE SEPARATIONS The Employer shall ensure that the following adequate separations are established: a) The Employer shall designate specific people who shall use and disclose PHI on behalf of the Plan for purposes of Plan Administration Functions. b) Access and use of PHI by the Group shall be limited to Plan Administration Functions that the Employer performs on behalf of the Plan; c) Any issues of noncompliance by the Group shall result in disciplinary measures specified in the Employer Privacy Policy. 14.5 USES AND DISCLOSURES The Plan, its Administrator, or any contracted representatives of the Plan, may: a) Disclose PHI to the Employer in order for the Employer to carry out Plan Administration Functions consistent with the provisions of Subsections a) through i) and Subsection 14.4 above; Section 125 Cafeteria Plan Document (1/1/2023) Page 43 of 44 b) Permit an insurance company, insurance service, insurance organization, or HMO to disclose PHI to the Employer, so long as the disclosure is made to an authorized person, and the disclosure is only for the purpose described in this Section 14.5; c) Not disclose or permit an insurance, insurance service, insurance organization, or HMO to disclose PHI to the Employer unless the Employer's privacy notice contains a provision which permits such disclosure; and d) Not disclose PHI to the Employer for the purpose of employment -related actions or decisions or in connection with any other Benefit or employee Benefit plan of the Employer. ARTICLE XV MISCELLANEOUS 15.1 PLAN INTERPRETATION a) All provisions of this Plan shall be governed and interpreted by the Administrator in its full and complete discretion and shall be otherwise applied in a uniform, nondiscriminatory manner. This Plan shall be read in its entirety and not severed except as provided in Section 15.12. b) In administering the Plan, the Administrator will be entitled to the extent permitted by law to rely conclusively on all tables, valuations, certificates, opinions, and reports which are furnished by, or in accordance with the instructions of the Administrators of the plans for any Insurance Benefits selected as part of Paragraph 8 of the signed Adoption Agreement, or by accountants, counsel, or other experts employed or engaged by the Administrator. 15.2 GENDER AND NUMBER Wherever any words are used herein in the masculine, feminine, or gender neutral, they shall be construed as though they were also used in another gender in all cases where they would so apply, and whenever any words are used herein in the singular or plural form, they shall be construed as though they were also used in the other form in all cases where they would so apply. 15.3 WRITTEN DOCUMENT This Plan, in conjunction with any separate written document, which may be required by law, is intended to satisfy the written plan requirement of Code Section 125 and any Regulations thereunder relating to cafeteria plans. Section 125 Cafeteria Plan Document (1/1/2023) Page 44 of 44 15.4 EXCLUSIVE BENEFIT This Plan shall be maintained for the exclusive benefit of the Employees who participate in the Plan. 15.5 PARTICIPANT'S RIGHTS This Plan shall not be deemed to constitute an employment contract between the Employer and any Participant or to be a consideration or an inducement for the employment of any Participant or Employee. Nothing contained in this Plan shall be deemed to give any Participant or Employee the right to be retained in the service of the Employer or to interfere with the right of the Employer to discharge any Participant or Employee at any time regardless of the effect that such discharge shall have upon him/her as a Participant of this Plan. 15.6 ACTION BY THE EMPLOYER Whenever the Employer under the terms of the Plan is permitted or required to do or perform any act or matter or thing, it shall be done and performed by a person duly authorized by its legally constituted authority. 15.7 EMPLOYER'S PROTECTIVE CLAUSES a) Upon the failure of either the Participant or the Employer to obtain the insurance contemplated by this Plan (whether as a result of negligence, gross neglect, or otherwise), the Participant's Benefits shall be limited to the insurance premium, if any, that remained unpaid for the period in question and the actual insurance proceeds, if any, received by the Employer or the Participant as a result of the Participant's Claim. b) The Employer's liability to the Participant shall only extend to and shall be limited to any payment actually received by the Employer from the Insurer. In the event that the full insurance Benefit contemplated is not promptly received by the Employer within a reasonable time after submission of a Claim, then the Employer shall notify the Participant of such facts and the Employer shall no longer have any legal obligation whatsoever (except to execute any document called for by a settlement reached by the Participant). The Participant shall be free to settle, compromise, or refuse to pursue the Claim as the Participant, in their sole discretion, shall see fit. c) The Employer shall not be responsible for the validity of any Insurance Contract issued hereunder or for the failure on the part of the Insurer to make payments provided for under any Insurance Contract. Once insurance is applied for or obtained, the Employer shall not be liable for any loss that may result from the failure to pay Premiums to the extent Premium notices are not received by the Employer. Section 125 Cafeteria Plan Document (1/1/2023) Page 45 of 44 15.8 NO GUARANTEE OF TAX CONSEQUENCES Neither the Administrator nor the Employer makes any commitment or guarantee that any amounts paid to or for the benefit of a Participant under the Plan will be excludable from the Participant's gross income for Federal or State income tax purposes, or that any other Federal or State tax treatment will apply to or be available to any Participant. It shall be the obligation of each Participant to determine whether each payment under the Plan is excludable from the Participant's gross income for Federal and State income tax purposes, and to notify the Employer if the Participant has reason to believe that any such payment is not so excludable. Notwithstanding the foregoing, the rights of Participants under this Plan shall be legally enforceable. 15.9 INDEMNIFICATION OF EMPLOYER BY PARTICIPANTS If any Participant receives one or more payments or reimbursements under the Plan that are not for a permitted Benefit, such Participant shall indemnify and reimburse the Employer for any liability it may incur for failure to withhold Federal or State income tax or Social Security tax from such payments or reimbursements. However, such indemnification and reimbursement shall not exceed the amount of additional Federal and State income tax (plus any penalties) that the Participant would have owed if the payments or reimbursements had been made to the Participant as regular cash Compensation, plus the Participant's share of any Social Security tax that would have been paid on such Compensation, less any such additional income and Social Security tax actually paid by the Participant. 15.10 FUNDING Unless otherwise required by law, contributions to the Plan need not be placed in trust or dedicated to a specific Benefit, but shall instead be considered general assets of the Employer. Furthermore, and unless otherwise required by law, nothing herein shall be construed to require the Employer or the Administrator to maintain any fund or segregate any amount for the benefit of any Participant, and no Participant or other person shall have any claim against, right to, or security or other interest in, any fund, account, or asset of the Employer from which any payment under the Plan may be made. 15.11 GOVERNING LAW This Plan is governed by the Code and the Treasury Regulations issued thereunder (as they might be amended from time to time). In no event shall the Employer guarantee the favorable tax treatment sought by this Plan. To the extent not preempted by Federal law, the provisions of this Plan shall be construed, enforced, and administered according to the laws of the State identified as part of the Employer's completed Adoption Agreement. 15.12 SEVERABILITY If any provision of the Plan is held invalid or unenforceable, its invalidity or unenforceability shall not affect any other provisions of the Plan, and the Plan shall be construed and enforced as if such provision had not been included herein. Section 125 Cafeteria Plan Document (1/1/2023) Page 46 of 44 15.13 CAPTIONS The captions contained herein are inserted only as a matter of convenience and for reference, and in no way define, limit, enlarge, or describe the scope or intent of the Plan, nor in any way shall affect the Plan or the construction of any provision thereof. 15.14 CONTINUATION OF COVERAGE Notwithstanding anything in the Plan to the contrary, in the event any Benefit under this Plan subject to the continuation coverage requirement of Code Section 4980B becomes unavailable, each Participant will be entitled to continuation coverage as prescribed in Code Section 4980B. 15.15 UNIFORM SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS (USERRA) ACT Notwithstanding any provision of this Plan to the contrary, contributions, Benefits, and service credit with respect to qualified military service shall be provided in accordance with USERRA and the regulations thereunder. 15.16 GENETIC INFORMATION NONDISCRIMINATION ACT Notwithstanding anything in the Plan to the contrary, the Plan will comply with the Genetic Information Nondiscrimination Act. 15.17 MENTAL HEALTH PARITY AND ADDICTION ACT Notwithstanding anything in the Plan to the contrary, the Plan will comply with the Mental Health Parity and Addiction Equity Act and ERISA Section 712. Specifically, as of January 1, 2010, the Plan shall no longer apply a specific annual or lifetime maximum coverage limitation, daily visit limitation or separate per day limit on coverage or services for mental and nervous disorders and/or substance abuse that is different from any other inpatient or outpatient treatment provided for under the Plan, and coverage shall be provided the same as any other medical procedure. 15.18 WOMEN'S HEALTH AND CANCER RIGHTS ACT Notwithstanding anything in the Plan to the contrary, the Plan will comply with the Women's Health and Cancer Rights Act. 15.19 NEWBORNS' AND MOTHERS' HEALTH PROTECTION ACT Notwithstanding anything in the Plan to the contrary, the Plan will comply with the Newborns' and Mothers' Health Protection Act. Section 125 Cafeteria Plan Document (1/1/2023) Page 47 of 44 ARTICLE XVI CONSOLIDATED APPROPRIATIONS ACT OF 2021 16.1 CONSOLIDATED APPROPRIATIONS ACT OF 2021 The City of Temecula ("Employer") hereby adds to the Section 125 Cafeteria Plan (the "Plan"), in good faith compliance with the Consolidated Appropriations Act of 2021 (CAA, 2021), IRS Notice 2021-15, the American Rescue Plan Act of 2021 (ARPA), and other applicable law and guidance, unless otherwise specifically stated herein. This Article supersedes any inconsistent provisions of the Plan for eligible Plan Years provided by the CAA, IRS Notice 2021-15, the ARPA, and other applicable law and guidance. a) Prospective Change of Election 1) Prospective election changes can be made to a Participant's Healthcare Flexible Spending Account and/or Dependent Care Assistance Program accounts during the 2021 Plan Year. 2) This change is effective on January 1, 2021, and is in effect for eligible Plan Years provided by the CAA, IRS Notice 2021-15, the ARPA, and other applicable law and guidance. b) Healthcare Flexible Spending Account Carryover 1) The maximum amount Participants may carryover in their Healthcare Flexible Spending Account from the plan year beginning in 2021 to the plan year beginning in 2022 is unlimited up to the amount of contributions for the plan year beginning in 2021. 2) This change is effective on January 1, 2021, and is in effect for eligible Plan Years provided by the CAA, IRS Notice 2021-15, the ARPA, and other applicable law and guidance. c) Dependent Care Assistance Program Extended Grace Period/Claims Extension Period 1) The claims extension period (grace period) for Participants to use funds in their Dependent Care Assistant Program from the plan year beginning in 2021 to the plan year beginning in 2022 is extended from 2'/2 months to 12 months after the end of the plan year beginning in 2021. 2) This change is effective on January 1, 2021, and is in effect for eligible Plan Years provided by the CAA, IRS Notice 2021-15, the ARPA, and other applicable law and guidance. d) Spend Down of Healthcare Flexible Spending Account Section 125 Cafeteria Plan Document (1/1/2023) Page 48 of 44 1) The Participants may continue to receive reimbursements from unused contributions in their Healthcare Flexible Spending Account for expenses incurred through the end of the plan year in which such Participant ceased participation. 2) This change is effective on January 1, 2021, and is in effect for eligible Plan Years provided by the CAA, IRS Notice 2021-15, the ARPA, and other applicable law and guidance. Section 125 Cafeteria Plan Document (1/1/2023) Page 49 of 44 fi G~ 1. Adoption Agreement City of Temecula aA 19s95��` Section 125 Cafeteria Plan Amended and Restated January 1, 2023 The undersigned Employer, by executing this Adoption Agreement, elects to adopt the accompanying Section 125 Cafeteria Plan by adopting said Plan Document in full. The Employer makes the following elections granted under the provisions of the Section 125 Cafeteria Plan. 1. Name of the Employer: City of Temecula The Employer shall be the Plan Sponsor and Plan Administrator. 2. Effective Date: ❑ This Section 125 Cafeteria Plan shall be effective as of ® This amended Section 125 Cafeteria Plan shall be effective as of January 1, 2023. ® If amended and restated, the Section 125 Cafeteria Plan was originally effective on September 18, 1990. 3. Plan and Plan Year: The Name of the Plan shall be the City of Temecula Section 125 Cafeteria Plan (the "Plan"). The Plan Year shall begin on January 1 st and end on December 31 St. 4. Plan Number: 501 5 Employer's Principal Office: This Plan shall be governed under the laws of the: ❑ State of California ❑ Commonwealth of 6. Eligible Employees: All Employees shall be eligible to participate in the Plan as specified in the City of Temecula Schedule of Authorized Positions, the Memorandum of Understanding between the City of Temecula and Teamsters Local 911, the City of Temecula Management Compensation Plan, and the City of Temecula City Council Compensation Plan, except: ■ Any self-employed person(s), within the meaning of Code Section 401(c), including independent contractors, a greater than 2% shareholder in a Subchapter S corporation, a partner in a partnership, or any owner or member of a limited liability company that is treated like a partnership for tax purposes; ■ A relative, within the meaning of IRC Section 318, of one of the above self- employed person(s); Section 125 Cafeteria Plan Adoption Agreement (1/1/2023) Page 1 of 3 ■ Commission salesperson; ■ Any Leased Employee, as well as any independent contractor, or other "statutory employee" who is not treated as a common law employee of the Employer for payroll purposes, regardless of any other court or administrative agency determination; AND ■ Nonresident Aliens. 7. Plan Entry Date/Waiting Period: Employees eligible to participate may become Participants: ® Same as Employer's Group Health Plan. ❑ days after date of hire (but subject to any shorter limitation period if mandated under applicable law). 8. Benefits: The following Benefit Options shall be included in the Plan: ® Healthcare Flexible Spending Account subject to an annual limit of $3,050 in taxable year 2023 and as adjusted under IRC Section 125(i) for other taxable years (as indexed for a 12-month Plan Year or prorated for a short Plan Year). ® Limited -Purpose Healthcare Flexible Spending Account subject to an annual limit of $3,050 in taxable year 2023 and as adjusted under IRC Section 125(i) for other taxable years (as indexed for a 12-month Plan Year or prorated for a short Plan Year). ® Dependent Care Assistance Program subject to the maximums contained in Section 7.9 of the Plan Document. ❑ Adoption Assistance Program. ❑ The Employer's Group Health Insurance (including health insurance, dental and vision insurance, AD&D, etc.). ❑ Group Term Life Insurance. ❑ Disability Insurance. ❑ Tax -Free Transportation Program. ❑ Employee Health Savings Account Contributions. Section 125 Cafeteria Plan Adoption Agreement (1/1/2023) Page 2 of 3 9. Contributions: The contributions for this Plan shall be: ❑ Employee (Salary Redirection) contributions only; ❑ Employer Contributions only, which shall be: $ annually per Participant of which $ that is convertible to cash compensation. A Participant will be credited on a (pay period, annual) basis; or ® Both Employee (Salary Redirection) and Employer Contributions. Employer Contributions, a portion of which is convertible to cash compensation, shall be provided in accordance with the Memorandum of Understanding between the City of Temecula and Teamsters Local 911, the City of Temecula Management Compensation Plan, and the City of Temecula City Council Compensation Plan, as these Plans or MOU may be amended. 10. Claims Extension Period: The Healthcare Flexible Spending Account ❑ shall ® shall not be subject to the terms and conditions of a Claims Extension Period. The Dependent Care Assistance Program ® shall ❑ shall not be subject to the terms and conditions of Section 7.8 Forfeitures and Claims Extension Period. 11. Carryover Provision: The Healthcare Flexible Spending Account ® shall ❑ shall not be subject to the terms and conditions of Section 6.3 Forfeitures and Carryover Provision. 15. Affiliated Employers: The following Employers have adopted this Plan: N/A 16. Authorized Signatures: Matt Rahn, Mayor Aaron Adams, City Manager Date Date Section 125 Cafeteria Plan Adoption Agreement (1/1/2023) Page 3 of 3 Item No. 6 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Isaac Garibay, Director of Human Resources DATE: November 29, 2022 SUBJECT: Adopt Resolution for Fire Mitigation Assistance Grant [Fairview Fire] Governing Body Designating Certain City Officials to Execute Applications and Documents for the Purposes of Obtaining Grant Funding Through the California Governor's Office of Emergency Services PREPARED BY: Mikel Alford, Emergency Manager 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 FOR ANY EXISTING OR FUTURE GRANT PROGRAM INCLUDE, BUT NOT LIMITED TO FEDERALLY DECLARED DISASTER (DR), FIRE MITIGATION ASSISTANCE GRANT (FMAG), CALIFORNIA STATE ONLY DISASTER (CDAA), IMMEDIATE SERVICES PROGRAM (ISP), HAZARD MITIGATION GRANT PROGRAM (HMGP), BUILDING RESILIENT INFRASTRUCTURE AND COMMUNITIES (BRIC), FLOOD MITIGATION ASSISTANCE PROGRAM (FMA), AND NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM (NEHRP) BACKGROUND: To be eligible to receive financial assistance and grant reimbursement under the Fire Management Assistance Grant (FMAG) FEMA-5451-FM-CA for the Fairview Fire, CalOES is requiring 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 but more specifically FEMA-5451-FM-CA for the Fairview Fire. This resolution would authorize the City Manager or designee to execute and submit official correspondence and applications on behalf of the City of Temecula. FISCAL IMPACT: None ATTACHMENTS: 1. Resolution 2. Office of Emergency Services 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 FOR ANY EXISTING OR FUTURE GRANT PROGRAM INCLUDE, BUT NOT LIMITED TO FEDERALLY DECLARED DISASTER (DR), FIRE MITIGATION ASSISTANCE GRANT (FMAG), CALIFORNIA STATE ONLY DISASTER (CDAA), IMMEDIATE SERVICES PROGRAM (ISP), HAZARD MITIGATION GRANT PROGRAM (HMGP), BUILDING RESILIENT INFRASTRUCTURE AND COMMUNITIES (BRIO), FLOOD MITIGATION ASSISTANCE PROGRAM (FMA), AND NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM (NEHRP) WHEREAS, the City Council of the City of Temecula heretofore adopted Resolution No. 2022- 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- in order to be eligible to apply for and receive federal financial assistance provided by the Federal Emergency Management Agency and sub -granted through the California Governor's Office of Emergency Services (CalOES). WHEREAS, the City of Temecula desires to make this a universal resolution and is effective for all open and future disasters/grants declared up to three (3) years following the date of approval. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, 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 Emergency Management Agency and sub -granted through the California Governor's Office of Emergency Services (CalOES). Section 2. That this authorization shall be in effect for a period of three (3) years from the date of approval. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of December, 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 I P day of December, 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk OES STATE OF CALIFORNIA RECOVERY DIRECTORATE CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES FINANCIAL PROCESSING DIVISION DESIGNATION OF APPLICANT'S AGENT RESOLUTION NON -STATE AGENCIES Cal OES ID No: 065 78120 OES-FPD-130 (Rev. 10-2022) DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON -STATE AGENCIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TEMECULA (Governing Body) (Name of Applicant) THAT CITY MANAGER OR (Title of Authorized Agent) EMERGENCY MANAGER _,OR (Title of Authorized Agent) (Title of Authorized Agent) is hereby authorized to execute for and on behalf of the CITY OF TEMECULA (Name of Applicant) a public entity established under the laws of the State of California, this application and to file it with the California Governor's Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following: Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre -Disaster Mitigation Program (LPDM), under - Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act. - Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968. - National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 1 15-141 - California Early Earthquake Warning (CEEW) under CA Gov Code - Gov, Title 2, Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.1 1, 8587.12 That the CITY OF TEMECULA a public entity established under the (Name of Applicant) laws of the State of California, hereby authorizes its agent(s) to provide to the Governor's Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required. Rev. 10-2022 Page 1 of 4 OES-FPD-130 OES STATE OF CALIFORNIA CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES DESIGNATION OF APPLICANT'S AGENT RESOLUTION NON -STATE AGENCIES OES-FPD-130 (Rev. 10-2022) Please check the appropriate box below RECOVERY DIRECTORATE FINANCIAL PROCESSING DIVISION ❑./ This is a universal resolution and is effective for all open and future disasters/grants declared up to three (3) years following the date of approval. ❑ This is a disaster/grant specific resolution and is effective for only disaster/grant number(s): Passed and approved this day of 20 MATT RAH N - MAYOR (Name and Title of Governing Body Representative) ZAK SCHWANK - MAYOR PRO TEMPORE (Name and Title of Governing Body Representative) MARYANN EDWARDS - COUNCIL MEMBER (Name and Title of Governing Body Representative) CERTIFICATION RANDI JOHL duly appointed and CITY CLERK (Name) (Title) CITY OF TEMECULA do hereby certify that the above is a true and (Name of Applicant) correct copy of a resolution passed and approved by the CITY COUNCIL CITY OF TEMECULA (Governing Body) of the on the day of 20 (Name of Applicant) CITY CLERK (Signature) (Title) of Rev. 10-2022 Page 2 of 4 OES-FPD-130 OES STATE OF CALIFORNIA RECOVERY DIRECTORATE CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES FINANCIAL PROCESSING DIVISION DESIGNATION OF APPLICANT'S AGENT RESOLUTION NON -STATE AGENCIES OES-FPD-130 (Rev. 10-2022) Cal OES Form 130 Instructions A Designation of Applicant's Agent Resolution for Non -State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted resolution is older than three (3) years from the last date of approval, is invalid, or has not been submitted. When completing the Cal OES Form 130, Applicants should fill in the blanks on pages 1 and 2. The blanks are to be filled in as follows: Governing Body: This is the group responsible for appointing and approving the Authorized Agents. Examples include: Board of Directors, City Council, Board of Supervisors, Board of Education, etc. Name of Applicant: The public entity established under the laws of the State of California. Examples include: School District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California. Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency Management Agency and the California Governor's Office of Emergency Services regarding grants for which they have applied. There are two ways of completing this section: Titles Only: The titles of the Authorized Agents should be entered here, not their names. This allows the document to remain valid if an Authorized Agent leaves the position and is replaced by another individual. If "Titles Only" is the chosen method, this document must be accompanied by either a cover letter naming the Authorized Agents by name and title, or the Cal OES AA Names document. The supporting document can be completed by any authorized person within the Agency (e.g., administrative assistant, the Authorized Agent, secretary to the Director). It does not require the Governing Body's signature. 2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document, or their title changes. Rev. 10-2022 Page 3 of 4 OES-FPD-130 OES STATE OF CALIFORNIA RECOVERY DIRECTORATE CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES FINANCIAL PROCESSING DIVISION DESIGNATION OF APPLICANT'S AGENT RESOLUTION NON -STATE AGENCIES OES-FPD-130 (Rev. 10-2022) Checking Universal or Disaster -Specific Box: A Universal resolution is effective for all past disasters and for those declared up to three (3) years following the date of approval. Upon expiration it is no longer effective for new disasters, but it remains in effect for disasters declared prior to expiration. It remains effective until the disaster goes through closeout unless it is superseded by a newer resolution. Governing Body Representative: These are the names and titles of the approving Board Members. Examples include: Chairman of the Board, Director, Superintendent, etc. The names and titles cannot be one of the designated Authorized Agents. A minimum of three (3) approving board members must be listed. If less than three are present, meeting minutes must be attached in order to verify a quorum was met. Certification Section: Name and Title: This is the individual in attendance who recorded the creation and approval of this resolution. Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot be one of the designated Authorized Agents or Approving Board Member. If a person holds two positions (such as City Manager and Secretary to the Board) and the City Manager is to be listed as an Authorized Agent, then that person could sign the document as Secretary to the Board (not City Manager) to eliminate "Self -Certification." Rev. 10-2022 Page 4 of 4 OES-FPD-130 Item No. 7 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Erica Russo, Director of Community Services DATE: December 13, 2022 SUBJECT: Adopt Resolution Approving the Funding Agreement for Removal of Debris Materials with Riverside County Flood Control and Water Conservation District PREPARED BY: Lacy Sisler, Principal Management Analyst RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE "FUNDING AGREEMENT - REMOVAL OF DEBRIS MATERIALS" BETWEEN THE CITY OF TEMECULA AND RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND DETERMINING THAT THE AGREEMENT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15061 (13)(3) OF THE CEQA GUIDELINES BACKGROUND: The Riverside County Flood Control and Water Conservation District (District) is the regional flood management authority for the western part of Riverside County. The Flood Control District is a special district rather than a County Department, and provides floodplain management, development review, NPDES compliance, etc., for the entire County. Unlike a County Department, the District has authority to expend tax dollars within city boundaries and unincorporated areas. The District owns, operates and maintains a large portion of the major creeks and flood control channels in the City of Temecula, including areas within Murrieta Creek, Temecula Creek and Santa Gertrudis Creek. Due to use on District owned property as homeless encampments, significant amounts of trash, debris, abandoned personal property and other similar material accumulate in the creek beds and waterways. The City and the District have mutually agreed for the need to provide cleanup services on District property to maintain the efficiency of the flood control and water conservation facilities, the integrity of the natural state of the property, and to reduce the risk of soil and water contamination. The City and District have worked cooperatively to regularly remediate these sites over the past year. The attached Funding Agreement gives the City and its contractors permission to enter District property for removing materials from the property either at the District's request, or as determined by City staff, that such materials are present on District property. The agreement provides that the District shall reimburse the City for its costs of performing the work, including the cost of contractors working on behalf of the City. The Agreement requires the City to follow the Material Removal Procedures outlined in Exhibit B, and keep District apprised of its efforts to remove materials from District owned properties. The Funding Agreement authorizes the City to perform material removal services on District owned property and the District shall reimburse the City up to $75,000 in any given fiscal year; and $225,000 over the entire term of this agreement. The Agreement may be renewed in future years by mutual agreement of the City and District. FISCAL IMPACT: The total amount of payment to the City shall not $75,000 in any given fiscal year; and $225,000 over the entire term of this Agreement, which expires on June 30, 2025. ATTACHMENTS: 1. Resolution 2. Funding Agreement RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE "FUNDING AGREEMENT - REMOVAL OF DEBRIS MATERIALS" BETWEEN THE CITY OF TEMECULA AND RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND DETERMINING THAT THE AGREEMENT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15061 (B)(3) OF THE CEQA GUIDELINES THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. The City Council finds, determines and declares that: A. The Riverside County Flood Control District ('District') owns property in the City that is used for flood control and water conservation facilities and open space. B. At various times, significant amounts of trash, debris, biological material, abandoned personal property and other similar material accumulate on the District's property. The District must clean up such materials in order to maintain the efficiency of the flood control and water conservation facilities, the integrity of the natural state of property, and to reduce the risk of soil and water contamination. C. In order to implement, the parties desire to allow the City and its agents and contractors to enter the District's property for the purpose of removing the trash, debris, biological material, abandoned personal property and other similar material accumulate on District' s property, the City and the District will need to enter into a Funding Agreement. D. In accordance with the California Environmental Quality Act (CEQA), the City' s approval of the Funding Agreement is exempt from CEQA and further environmental review and a Notice of Exemption will be filed in compliance with CEQA under Section 15061 (b)(3) of the CEQA Guidelines. The City will be removing trash, debris, biological material, abandoned personal property and other similar material that accumulate on District's property which will help maintain the District' s flood control and water conservation facilities and open space in the natural condition and reduce the risk of soil and water contamination. As such, there is not possibility that the proposed agreement will have a significant effect on the environment. Section 2. Approval of Funding Agreement. The City Council hereby approves the Funding Agreement' between the City and the District. Section 3. City Manager Authority. The City Manager is authorized and directed to take all actions necessary and convenient to implement the Funding Agreement described in this resolution and to enter into such additional agreements as may be necessary and convenient to implement the Funding Agreement. Section 4. Certification. The City Clerk Shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of December, 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 13th day of December, 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk 244352 FUNDING AGREEMENT Removal of Debris Materials This Funding Agreement ("AGREEMENT"), dated as of )AA I y� , 2022, is entered into by and between the Riverside County Flood Control and Water Conservation District, a body politic ("DISTRICT"), and the City of Temecula, a California municipal corporation ("CITY"), DISTRICT and CITY are individually referred to herein as "Party" and collectively referred to herein as "Parties". The Parties hereto agree as follows: RECITALS A. DISTRICT is the owner of certain real property located in the city of Temecula, ("PROPERTY") as shown in concept in orange on Exhibit "A", attached hereto and incorporated herein by this reference. PROPERTY is used for flood control and water conservation facilities and open space. A significant portion of PROPERTY is in its natural condition. B. At various times, significant amounts of trash, debris, biological materials, abandoned personal property and other similar material ("MATERIALS") accumulate on PROPERTY, which needs to be cleaned up in order to maintain the efficiency of the flood control and water conservation facilities, the integrity of the natural state of PROPERTY, and to reduce the risk of soil and water contamination. C. CITY benefits from the efforts to maintain the efficiency of the flood control and water conservation facilities, the integrity of the natural state of PROPERTY, and to reduce the risk of soil and water contamination as residential, commercial, parks and recreation facilities are located around PROPERTY and are within the jurisdictional boundaries of CITY. D. CITY has experience and expertise in the maintenance of drainage facilities and the implementation of stormwater quality programs and activities to comply with the JUL 12 2022 � ` ,S 244352 requirements of the National Pollutant Discharge Elimination System ("NPDES") permit and Municipal Separate Storm Sewer System ("MS4") Permit. E. DISTRICT and CITY desire to use their respective resources to maintain PROPERTY for the mutual benefit of both Parties. NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the Parties hereto mutually agree that the above recitals are true and correct and incorporated into the terms of this AGREEMENT and as follows: AGREEMENT l . Maintenance of DISTRICT PROPERTY. A. DISTRICT hereby grants to CITY, its agents and contractors the authority to enter PROPERTY for the purpose of removing MATERIALS, subject to the terms of this AGREEMENT. The General Managcr-Chief Engineer of DISTRICT shall designate in writing to CITY the person who shall represent DISTRICT in the coordination and supervision of the removal of MATERIALS ("DISTRICT REPRESENTATIVE") and the contact information for such representative. The City Manager of CITY shall designate in writing to DISTRICT the person who shall represent CITY in the coordination and supervision of the removal of MATERIALS ("CITY REPRESENTATIVE") and the contact information for such representative. B. CITY, its agents and contractors may enter PROPt-ATY for the purpose of the removal of MATERIALS either at the request of DISTRICT or upon its own determination that such MATERIALS are present on PROPERTY. if CITY determines MATERIALS are on PROPERTY and need to be removed, CITY shall notify DISTRICT REPRESENTATIVE in writing as soon as practicable following such determination of the location and nature of MATERIALS. CITY shall attempt to make such notification at least ten (10) calendar days prior to the removal of MATERIALS, in accordance with the Material Removal Procedures as set -2- 244352 forth in Fxhihit "B", attached hereto and incorporated herein by this reference. I-towever, CITY's notification shall be no less than three (3) business days prior to MATERIALS removal. C. Once the pre -material removal assessment and other requisite actions have been taken, CITY shall remove MATERIALS with its own forces or with contractor in accordance with (i) Exhibit "It", Material Removal Procedures; (ii) CITY's Ordinance No. 17- l2 adopted on November 14, 2017 and CITY's Administrative Procedure regarding the Removal of Unlawful Campsites, Bulky Items and Personal Property adopted on October 24, 2017; and (iii) all applicable federal, state and local laws, rules and regulations in order to prevent the infringement of any state or federal rights. Additionally, CITY shall record the removal of MATERIALS in accordance with Exhibit "C", Cleanup Report ("REPORT"), attached hereto and incorporated herein by this reference. The General Manager -Chief Engineer of DISTRICT and the City Manager of CITY are hereby authorized to amend this Agreement for the limited purpose of (i) updating PROPERTY as shown in Exhibit "A", and (ii) revising the procedures and/or reporting set forth in Exhibits "11" and "C". D. CITY must submit a completed REPORT(s) to DISTRICT within seven (7) calendar days after the completion of each MATERIALS removal. E. DISTRICT reserves the right to postpone the removal of MATERIALS located on PROPERTY and/or reassign the removal of MATERIALS to DISTRICT by following the procedures set forth in the Materials Removal Procedures. Such delays and reassignments shall be handled on a case -by -case basis as to be determined by DISTRICT REPRESENTA`I'IVF in consultation with CITY staff. 2. Re gulato Permits. A. Any permits, approvals or agreements required by any federal, state or local resource and/or regulatory agency for the removal of MATERIALS must be obtained prior to commencing removal of MATERIALS. Such documents include, but are not limited to, those -3- 244352 issued by the U.S. Fish and Wildlife Service, U.S. Army Corps of Engineers, California Regional Water Quality Control Board, California Department of Fish and Wildlife, State Water Resources Control Board and Western Riverside County Regional Conservation Authority, hereinafter called "REGULATORY PERMITS". DISTRICT shall be responsible for determining what, if any, REGULATORY PERMITS must be obtained prior to the removal of MATERIALS. Responsibility for REGULATORY PERMITS shall be handled on a case -by -case basis as to be determined by DISTRICT REPRESENTATIVE. B. In the event that CITY needs to obtain any of the REGULATORY PERMITS, CITY shall ensure that any REGULATORY PERMITS secured by CITY, including any subsequent renewal or amendments thereto, will not (i) impede DISTRICT's ability to perform all necessary operation and maintenance activities for PROPERTY as determined by DISTRICT; or (ii) include any stipulations that would result in additional mitigation obligations being placed upon DISTRICT for maintenance operations within DISTRICT's right of way. 3. Compensation for Services Performed by CITY. A. The compensation for services performed by CITY under this AGREEMENT shall not exceed the total of sum of: (i) Seventy -Five Thousand Dollars. ($75,000.00) in any given fiscal year; and (ii) Two I{undred Twenty -Five Thousand Dollars ($225,000.00) over the entire term of this AGREEMENT ("DISTRICT CONTRIBUTION"); and shall be used by CITY solely for the purpose of removal of MATERIALS as set forth herein. -4- 244352 DISTRICT CONTRIBUTION is contingent upon the availability of DISTRICT funds and budgetary approval. B. In the event AGREEMENT is terminated, DISTRICT shall make payment for all services performed in accordance with this AGREEMENT to the date of termination in accordance with Section 5(b)(c). 4. Accounting for Services Performed by CITY. A. Prior to the commencement ofany removal of MATERIALS, CVFY shall submit to DISTRICT an estimate of costs for removal of MATERIALS and obtain approval by DISTRICT of the costs. DISTRICT shall pay to CITY the CITY's actual reasonable costs of performing the work to remove MATERIALS as provided in this AGREEMENT, including, but not limited to, the costs of contractors performing such work on behalf of CITY and any onsite hazardous materials assessment that may be needed. 13. On a quarterly basis, CITY shall prepare and submit to DISTRICT an itemized invoice, prepared in a form satisfactory to DISTRICT, within thirty (30) calendar days after the end of the quarter in which CITY removed MATERIALS from PROPERTY. uarter Start End Invoicc Due Date First Quarter July 1 September 30 October 31 Second Quarter October 1 December 31 January 31 Third Quarter January 1 March 31 April 30 Fourth/Final Accounting Quarter April I June 30 July 31 C. CITY's invoice shall include a detailed breakdown of all costs, including, but not limited to, AGREEMENT tracking number; the datc(s) the removal of MATERIALS was performed; an itemization of labor and hours worked by each unique classification; contractor and associated costs; and other such documents as may be necessary to establish the actual cost -5- 244352 of MATERIALS removal. A copy of the completed REPORT(S) must also be attached to the invoice. D. DISTRICT shall notify CITY of any objections to such invoices within thirty (30) calendar days of submission of the invoice to DISTRICT. In the event CITY determines that a charge was billed incorrectly, an addendum to the invoice in question shall be provided, and DISTRICT shall be reimbursed or credited for the amount incorrectly charged. Within forty-five (45) calendar days of receipt of an appropriate invoice, DISTRICT shall pay the invoice. DISTRICT shall not pay interest or finance charges on any outstanding balance(s). E. CITY shall maintain records of the costs incurred in accordance with reasonable accounting standards. F. CITY shall keep an accurate accounting of all MATERIALS removal costs and include this final accounting for each DISTRICT Fiscal year (July I through June 30) when invoicing DISTRICT" for MATERIAL, removal costs. G. DISTRICT, the County of Riverside or any of their duly authorized representatives shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this AGREEMENT. CITY agrees to maintain such records for possible audit for a minimum of three (3) years after final payment. CITY agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. N. Term and Termination. A. The term of this AGREEMENT shall commence upon its full execution by the authorized delegates by all Parties and shall terminate on June 30, 2025, unless terminated sooner. B. The City Manager of CITY or the General Manager -Chief l ngineer of DISTRICT may terminate this AGREEMENT for any reason or no reason upon ten (10) business -6- 244352 days written notice to the other Party stating the extent and effective date of terminate ("Notice of Termination"). C. In the event this AGREEMENT is terminated, CITY shall stop all work under this AGREFMENT on the date specified in the written Notice of Termination. DISTRICT shall not reimburse for costs incurred after the termination date and shall make payment for all services performed in accordance with this AGREEMENT to the date of termination, a total amount which bears the same ratio to the total maximum fee otherwise payable under this AGREEMENT as the services actually bear to the total services necessary for performance of this AGREEMENT, I. Prevailing Wage. All contracted workers shall be paid not less than the general prevailing rate of wages and benefits for work of a similar character in the locality in which the work is performed, as provided in Labor Code Sections 1770 et seq. Pursuant to the Labor Code, DISTRICT has obtained for the Board of Supervisors of DISTRICT from the Director of the Department of Industrial Relations, State of California, the determinations of general prevailing rates of per diem wages applicable to the work and for holiday and overtime work, including employer payments for health and welfare, pension, vacation, apprentices and similar purposes for each craft, classification or type of workman needed, as set forth on the schedule, which is on file at DISTRICT office and which will be made available to any interested person upon request. J. Indemnification. A. CITY shall indemnify, defend and hold harmless DISTRICT and County of Riverside (including each of their Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents or representatives) (individually and collectively hereinafter referred to as "Indemnitees") from any liability whatsoever, based or asserted upon any acts, omissions or services of CITY or -7- 244352 CITY's independent contractor(s) and subcontractor(s), its officers, employees, agents or representatives arising out or in any way relating to this AGREEMENT, including, but not limited to, property damage, bodily injury or death, or any other element of any kind or nature whatsoever arising from the performance of CITY or CITY's independent contractor(s) and subcontractor(s), its officers, employees, agents or representatives ("Indemnitoes") from this AGREEMENT. CITY or CITY's independent contractor(s) and subcontractor(s) shall defend, at its sole expense, all costs and fees, including, but not limited to, attorney fees, cost of investigation, defense, and settlements or awards, the Indemnitees in any claim or action based upon such alleged acts or omissions. B. With respect to any action or claim subject to indemnification herein by CITY of CITY's construction contractor(s), CITY or CITY's construction contractor(s) shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle or compromise any such action or claim without the prior consent of DISTRICT and the County of Riverside, provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CITY or CITY's construction contractor(s) indemnification to lndemnitees as set forth herein. C. CITY or CITY's construction contractor(s) obligation hereunder shall be satisfied when CITY or CITY's construction contractor(s) has provided to DISTRICT and the County of Riverside the appropriate form of dismissal relieving DISTRICT and the County of Riverside from any liability for the action or claim involved. D. The specified insurance limits required in this AGREEMENT shall in no way limit or circumscribe CITY's contractor(s) obligations to indemnify and hold harmless the lndemnitees herein from third party claims. E. In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such -8- 244352 interpretation shall not relieve CITY's construction contractor(s) from indemnifying the lndemnitees to the fullest extent allowed by law. F. This AGREEMENT is to be construed in accordance with the laws of the State of California. Any action at law or in equity brought by any of the Parties hereto for the purpose oFenforcing a right or rights provided for by AGREEMENT shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the Patties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county. G. If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. K. Insurance. A. Without limiting or diminishing CITY's obligation to indemnify or hold DISTRICT harmless, CITY's shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage's during the term of this AGREEMENT. As respects to the insurance section only, DISTRICT herein refers to the Riverside County Flood Control and Water Conservation District, County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insureds. i. Workers' Compensation. If CITY has employees as defined by the State of California, CITY shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers' Liability -9- 244352 (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. Policy shall he endorsed to waive subrogation in favor of DISTRICT. ii. Commercial General Liability. Commercial General Liability insurance coverage, including, but not limited to, premises liability, unmodified contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of CITY's performance of its obligations hereunder. Policy shall name DISTRICT as Additional Insured. Policy's limit of liability shall not be less than $2,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this AGREEMENT or be no less than two (2) times the occurrence limit. iii. Vehicle Liability. If CITY's vehicles or mobile equipment are used in the performance of the obligations under this AGREEMENT, then CITY shall maintain liability insurance for all owned, non -owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. if such insurance contains a general aggregate limit, it shall apply separately to this AGREEMENT or be no less than two (2) times the occurrence limit. Policy shall name DISTRICT and the County of Riverside, its agencies, districts, special districts, and departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed off►cials, agents or representatives as Additional Insureds. iv. General Insurance Provisions -- All Lines. a. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A.M. BESTrating of not less than an A: VIII (A: 8) unless such requirements are waived, in writing, by DISTRICT Risk Manager. If DISTRICT Risk Manager waives a requirement for a particular insurer, such waiver is only valid for that specific insurer and only for one policy term. -10- 244352 b. CITY must declare its insurance self -insured retention for each coverage required herein. If any such self -insured retention exceeds $500,000 per occurrence, each such retention shall have the prior written consent of DISTRICT Risk Manager before the commencement of operations under this AGREEMENT. Upon notification of self -insured retention deemed unacceptable to DISTRICT, and at the election of DISTRICT Risk Manager, CITY's carriers shall either: 1) reduce or eliminate such sclf-insured retention with respect to this AGREEMENT with DISTRICT; or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. C. CITY shall cause their insurance carrier(s) or its contractor's insurance carrier(s) to furnish DISTRICT with 1) a properly executed original certificate(s) of insurance and certified original copies of endorsements effecting coverage as required herein; and 2) if requested to do so orally or in writing by DISTRICT Risk Manager, provide original certified copies of policies, including all endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that a minimum of thirty (30) calendar days written notice shall be given to DISTRICT prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. If CITY's insurance carrier(s) policies does not meet the minimum notice requirement found herein, CITY's shall cause CITY's insurance carrier(s) to furnish a 30-day Notice of Cancellation Endorsement. In the event of a material modification, cancellation, expiration or reduction in coverage, this AGREEMENT shall terminate forthwith, unless DISTRICT receives, prior to such effective date, another properly executed original certificate of insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto, evidencing coverages set forth herein and the insurance required herein is in full force and effect. An 244352 individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the certificate of insurance. d. It is understood and agreed by the Parties hereto that CITY's insurance shall be construed as primary insurance, and DISTRICT'S insurance and/or deductibles and/or self -insured retentions or self -insured programs shall not be construed as contributory. C. If, during the term of this AGREEMENT or any extension thereof, there is a material change in the scope of services or there is a material change in the equipment to be used in the performance of the scope of work which will add additional exposures (such as the use of aircraft, watercraft, cranes, etc.); or the term of this AGREI?MENT, including any extensions thereof, exceeds five (5) years, DISTRICT reserves the right to adjust the types of insurance required under this AGREEMENT and the monetary limits of liability for the insurance coverages currently required herein, if, in DISTRICT Risk Manager's reasonable judgment, the amount or type of insurance carried by CITY's has become inadequate. f. CITY shall pass down the insurance obligations contained herein to all tiers of contractor(s) and subcontractor(s) working under this AGREEMENT. g. The insurance requirements contained in this AGREEMENT may be met with a program(s) of self-insurance acceptable to DISTRICT. h. CITY's agrees to notify DISTRICT of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this AGREEMENT B. CITY shall not commence operations until DISTRICT has been furnished with original certificate(s) of insurance and original certified copies of endorsements and, if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this Section. In addition, CITY's contractor(s) shall, within thirty (30) -12- 244352 calendar days prior to expiration of this insurance, furnish to DISTRICT certificates of insurance and endorsements evidencing renewal of the insurance. DISTRICT reserves the right to require complete certified copies of all policies of CITY's contractors and subcontractors at any time. L. General. A. This AGREEMENT is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right or action based upon the provisions of this AGREEMENT. B. The Parties hereto each pledge to cooperate in regard to their respective responsibilities under this AGREEMENT, C. Any waiver by DISTRICT or by CITY of any breach of any one or more of the terms of this AGREEMENT shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term hereof. Failure on the part of DISTRICT or CITY to require exact, full and complete compliance with any terms of this AGREEMENT shall not be construed as in any manner changing the terms hereof or estopping DISTRICT or CITY from enforcement hereof. D. This AGREEMENT is to be construed in accordance with the laws of the State of California. E. Any action at law or in equity brought by any of the parties hereto for the purpose of enforcing a right or rights provided for by this AGREEMENT shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the Parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county. F. Any and all notices sent or required to be sent to the patties of this AGREEMENT will be mailed by first class United States Mail, postage prepaid, effective - 13 - 244352 on the second business day following deposit in the United States Mail, to the following addresses: To DISTRICT: RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 1995 Market Street Riverside, CA 92501 Attn: Imad Guirguis, Chief of Operations and Maintenance Email address: imguirgu@rivco.org Attn: Deborah de Chambeau, Chief of Planning Division Email address: dldecham@RIVCO.ORG To CITY: CITY OF TEMECULA 41000 Main Street Temecula, CA 92590 Attn: Aaron Adams, City Manager Email Address: aaron.fidams ti?teniccitlacit.gov D. If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. E. The obligation(s) of DISTRICT is limited by and contingent upon the availability of DISTRICT funds for DISTRICT's CONTRIBUTION toward AGREEMENT as set forth herein. In the event that such funds are not forthcoming for any reason, DISTRICT shall immediately notify CITY in writing. P. This AGREEMENT is the result of negotiations between the Parties hereto and the advice and assistance of their respective counsel. The fact that this AGREEMENT was prepared as a matter of convenience by DISTRICT shall have no import or significance. Any uncertainty or ambiguity in this AGREEMENT shall not be construed against DISTRICT because DISTRICT prepared this AGREEMENT in its final form. G. This AGREEMENT is intended by the Parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive -14- 244352 statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral and written, in connection therewith. This AGREEMENT may be changed or modified only upon the written consent of the Parties hereto. 1-1. This AGREEMENT may be executed in any number of counterparts, each of which shall be deemed an original, but all ofwhich taken together shall constitute one and the same instrument. Each Party of this AGREEMENT agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ("CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this AGREFsMENf. The Parties further agree that the electronic signatures of the Parties included in this AGREEMENT are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to CUETA as amended from time to time. CUETA authorizes use of an electronic signature for transactions and contracts among Parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the Party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code. - 15 IN WITNESS WHEREOF, the Parties hereto have executed this AGREEMENT on c 12'f" 'LO22- (to be filly) in by Clerk of the Board) RECOMMENDED FOR APPROVAL: By.- - JASON E. UHLEY General Manager -Chief Engineer APPROVED AS TO FORM: COUNTY COUNSEL l.. By STEP ANIE K. NELSON Deputy County Counsel Funding Agreement: City of Temecula Removal of Debris Materials 06/14/22 AK:blm 244352 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT B L Y KAREN SPIEGEL, Chair Riverside County Flood Control and Water Conservation District Board of Supervisors ATTEST: KECIA HARPER Clerk of the Board By91j 1. t Deputy (SEAL) -16- ,w4� 12 2022 1 l b RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: By PETER M. THORSON City Attorney rtwt w-C., ta- lclz'llat Funding Agreement: City of Temecula Removal of Debris Materials 06/14/22 AK:blm CITY OF TEMECULA By AARON ADAMS City Manager ATTEST: By RANDI IOHL City Clerk (SEAL) -17- 244352 244352 EXHIBIT A DISTRICT PROPERTY -18- 244352 DISTRICT PROPERTY Overview 19- 244352 DISTRICT PROPERTY Detail — Santa Gertrudis Creek Channel - 20 244352 DISTRICT PROPERTY Detail — Murrieta Creek Channel -21- 244352 DISTRICT PROPERTY Detail — Murrieta Creek Channel (continued) -22- IM 244352 DISTRICT PROPERTY Detail — Temecula Valley Storm Drains & Chardonnay Basin Detail N r .• j.. '• 1% T� s ape �A �At aMA t�" Y if CUA, ; i CC(tGF7E�!E�UG� d* 1 7 .�. � � •1 4a� r r R 4 : ��KN�4 „�, �' e�''� ;ati'���` �'�• _,.'IL err' �°� y ....' I1Ni YREE C14 dT 4 k } .{{yy 0 1r., ijjr� •, �S�o N - 23 - r x D%1�01 IV AV QW.14, 244352 DISTRICT PROPERTY Detail — Temecula/Pechanga Creeks & Temecula Creek Channel -24- 244352 EXHIBIT B Material Removal Procedures PURPOSE: To describe the procedure for coordination betwceii the Riverside County Flood Control and Water Conservation District ("DISTRICT") and the City of Temecula ("CITY") regarding the removal of trash, debris, biological material, abandoned personal property and other similar material ("MATERIALS") from DISTRICT facilities and rights of way. SCOPE: This procedure is for CITY and DISTRICT staff involved in the removal of MATERIALS within DISTRICT facilities and rights of way in the city of Temecula. REFERENCE' REGULATIONS: + 1,edcral Clean Water Act, Section 402, including the National Pollution Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permits • Code of federal Regulations (CFR), Title 40, Part 112 (40 CFR Part 112) - Oil Pollution Prevention ■ 40 CFR Part 122 - EPA Administered Permit Programs: The National Pollutant Discharge Islimination System • 40 CFR Part 261 - Identification and Listing of Hazardous Waste • California Health and Safety Code, Division 20, Chapter 6.5 - Hazardous Waste Control • California Water Code, Division 7, Chapter 5.5 - Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972 • California Code of Regulations, 'Title 22, Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste • California Code of Regulations, Title 24, Part 9 - California Fire Code, Chapter 50 - Hazardous Materials - General Provisions • County of Riverside Ordinance 651 - Disclosure of Hazardous Materials and Fonnulation of Business Emergency Plans • Drainage Area Management Plan for the Santa Ana/Santa Margarita Watersheds • DISTRICT"s Municipal Facility Pollution Prevention Plan/Stormwater Management Plan -25- 244352 BACKGROUND: At various tames, significant amounts of MATERIALS accumulate on DISTRICT's facilities and rights of way. Such MATERIALS must be removed to maintain the efficiency of the flood control and water conservation facilities, the integrity of the natural state of DISTRICT's facilities and rights of way, and to reduce the risk of soil and water contamination. DISTRICTi", through its statutory authority, must undertake efforts to address illegal dumping on DISTRICT -owned property that may result in the discharge of pollutants to flood control facilities to the extent feasible. The removal of MATERIALS from DISTRICT facilities and rights of way ("MATERIALS REMOVAL") comes with safety hazards beyond those normally encountered when working with tools, equipment, etc. Potential hazards include biological material (e.g., human feces, used needles), violent encounters, and contact with other hazardous materials, including munitions. These potential hazards require planning and coordination with other county and local agencies prior to cleanup to assure it is safe for staff to proceed. PROCEDURE: DISTRICT's Operations and Maintenance Division has primary responsibility for MATERIALS REMOVAL within DISTRICT flood control facilities and/or rights of way. As such, DIS`IRICT's Chief of Operations and Maintenance is designated as DISTRICT REPRESENTATIVE for the purposes of MATERIALS REMOVAL and associated Funding agreement. At the request of the Chief of Operations and Maintenance or his/her designee, DISTRICI''s Watershed Protection Division will provide support for hazardous waste removal and reporting. All reports of MAI'ERIA1.,S located within DISTRICT facilities and/or rights of way are to be directed to Dls,mICT's Chief of Operations and Maintenance. The Chief of Operations and Maintenance or his/her designee, as well as DISTRICT's General Manager -Chief Engineer and Assistant Chief Engineer, may also initiate a response on DISTRICT's behalf' without having received a first received a report. A report must be filed via email. 1. MATERIALS IDENTIFICATION & NOTIFICATION A. Upon a determination that MATERIALS is impacting DISTRICT rights of way, CITY staff shall conduct a site visit and begin documenting MATERIAI..S REMOVAL strategy in the Cleanup Report, including pre -MATERIALS REMOVAL photographs of the location(s). -26- 244352 B. Notwithstanding Chapter 8.12 of CITY's Municipal Code, CITY shall not declare DISTRICT's PROPERTY a public nuisance and initiate public nuisance abatement proceedings against DISTRICT. DISTRICT's PROPERTY shall be defined as public property for purposes of CITY's Administrative Procedure and CITY's Ordinance No. 17-12, C. CITY must notify DISTRICT's Chief of Operations and Maintenance via entail as soon as practicable following such determination of the location(s) and nature of MATERIALS. CITY shall attempt to make such notification at least ten (10) days prior to MATE.,RIA[,S REMOVAL; however, CITY's notification shall be no less than three (3) business days prior to MATERIALS REMOVAL. The notification shall include: i. A map depicting the location(s) of MATERIALS; ii. The corresponding coordinates of the location(s); iii. Site characteristics (e.g., located in a watercourse or channel, discharging into receiving waters, discharging into a storm drain); iv. Size and scope of proposed MATERIALS REMOVAL; V. Estimated cost to complete the MA'Y'FRIALS REMOVAL; vi. Substances involved (e.g., electronic waste, oil/grease, human waste/sewage, household products, trash, fuel, chemicals, weapons/ammunition, sharps/medical waste); vii. Approximate quantities of MATERIALS; viii. Unique circumstances, including but not limited to the following: MATERIALS are located in a riparian area, or one or more ramps are needed; ix. Whether proposed MATERIALS REMOVAL includes vegetation clearing; X. Investigation details; xi. Initial photographs of MATERIALS; xii. Description of photographs; xiii. Whether CITY intends to perform the removal of the MATERIALS by its own forces or by procurement of a contractor; and xiv. Proposed starting date(s) and time(s) of MATERIALS REMOVAL. D. Chief of Operations and Maintenance or his/her designee will review the information and, as appropriate: i. Assign an Operations and Maintenance representative to scout the site(s) and/or attend the pre -MATERIALS REMOVAL assessment; -27- 244352 ii. Obtain any regulatory permits and/or provide any notifications that are needed; iii. Approve or disapprove proposed removal of vegetation. DISTRICT has mitigation areas on PROPERTY from which vegetation cannot be removed. Notwithstanding Step Four: Clean Up contained in CITY's Administrative Procedure, which states, "Contractor will take every step necessary to remove vegetation from the encampment in an effort to eliminate natural shelters and increase public visibility of the encampment area," CITY and DISTRICT agree that CITY will not remove vegetation on DISTRICT's PROPERTY unless DISTRICT expressly grants CITY permission to do so; iv. Approve proposed starting date(s) and time(s) of MATERIALS REMOVAL; or V. Notify CITY if the proposed starting date(s) and/or starling time(s) of MATERIALS REMOVAL needs to be postponed; or vi. Reassign MATERIALS REMOVAI, to DISTRICT. 2. PRE -MATERIALS REMOVAL ASSESSMENT A. Once the MATERIALS REMOVAL starting date(s) and time(s) have been set by CITY and approved by DISTRICT, CITY shall conduct a pre-MATIRIAL,S REMOVAI., assessment. The assessment shall include a determination if hazardous materials/items are present. B. If hazardous materials/items are present or if CITY is unsure of their presence, CITY shall conduct/arrange for an onsite hazardous materials assessment. If the assessment finds MATERIALS in PROPERTY that endanger health or the environment, CITY must: i. Immediately notify DISTRICT's Chief of Operations and Maintenance and Chief of Watershed Protection via email that a hazardous materials cleanup is needed; and ii. Notify the appropriate agencies -- which may include but is not limited to the appropriate Regional Water Quality Control Board, local Fire Department, County of Riverside Hazardous Materials Management Division and the California Office of Emergency Services — California State Warning Center — in accordance with all applicable federal, state, and local laws, rules, and - 28 - 244352 regulations. CITY may request DISTRICT's assistance in notifying the appropriate agencies. � 3. REMOVAL OF MATERIALS A. if necessary, CITY shall coordinate the removal of hazardous materials from PROPERTY once the necessary permits are obtained and all required regulatory notifications are completed. B. CffY implements the MATERIALS REMOVAL for non -hazardous materials in accordance with appropriate procedures, including CITY's Administrative Procedure regarding the Removal of Unlawful Campsites, Bulky Items, and Personal Property, and safety guidelines once the necessary permits are obtained and all required regulatory notifications are completed. 4. CLOSEOUT A. CITY must document the completion of MATERIALS REMOVAL strategy in the Cleanup Report, including photographs of the location(s) post -cleanup. B. CITY must submit a completed Cleanup Report to DISTRICT within seven (7) calendar days after the completion of each MATERIALS REMOVAL. C. CITY shall submit invoice to DISTRICT. The invoice shall include a detailed breakdown of all costs, including but not limited to: i. The Funding Agreement,tracking number; ii. Date of the invoice; iii. The date(s) of the MATERIALS REMOVAL; iv. An itemization of CITY's labor and hours worked by each unique classification; V. Contractor(s), subcontractor(s), and associated costs; and vi. Other such documents as may be necessary to establish the actual cost of the MATERIALS RE, MOVAL. D. If applicable, DISTRICT's Watershed Protection Division shall document the Hazardous MATERIALS REMOVAI, in the Illicit Connection/Illegal Discharge (ICID) Complaints Database and follow up with the Regional Board as necessary. sQM 244352 EXHIBIT C CLEANUP REPORT -30- Cleanup Report DATE: TIME: CONTACT PERSON:. _ PHONE: SITE LOCATION PARCEL NO: NEAREST CROSS STREET: CITY: ZIP: ARE THE MATERIALS LOCATED IN A WATERCOURSE OR CHANNEL ❑ YES ❑ NO ARE THE MATERIALS BEING DIRECTLY DISCHARGING INTO RECEIVING WATERS: ❑ YES ❑ NO ARE THE MATERIALS BEING DIRECTLY DISCHARGING TO A STORM DRAIN: ❑ YES ❑ NO SUBSTANCES INVOLVED: ❑ Electronic Waste ❑ Oil/Grease ❑ Human Waste/Sewage ❑Household Products ❑ Trash ❑ Fuel (Gas/Diesel/Jet A) []Chemicals__________-.._ .....] Other. _ APPROXIMATE QUANTITIES: INVESTIGATION DETAILS: PHOTOS TAKEN BEFORE AND AFTER: ❑ YES ❑ NO [include photos] PHOTO DESCRIPTIONS: OTHER AGENCIES CONTACTED: ❑ HazMat Team ❑ RWQCB ❑ EPA ❑ Dept. of Fish & Game ❑ County Environmental Health Services L_1 Othor. ACTION TAKEN: INVOICE NO: DATE: AMOUNT: SIGNA DATE: AGENCY: Item No. 8 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: December 13, 2022 SUBJECT: Approve Increase to the Construction Contingency Authorization for the Pavement Rehabilitation Program — Meadowview/Paloma Del Sol Project, PW21-06 PREPARED BY: Amer Attar, Engineering Manager Nino Abad, Senior Civil Engineer RECOMMENDATION: That the City Council: Approve an increase to the contingency for construction of the Pavement Rehabilitation Program — Meadowview/Paloma Del Sol Project, PW 21-06 by $200,000; and 2. Increase the City Manager Authority to approve construction contract change orders by $200.000. BACKGROUND: On July 26, 2022, the City Council approved the construction contract for the Pavement Rehabilitation Program — Meadowview/Paloma Del Sol Project, PW21- 06. The project includes asphalt rehabilitation of various streets in the Meadowview and Paloma Del Sol communities. The roadway rehabilitation generally consists of the installation of asphalt concrete leveling course, a chip seal with asphalt rubber aggregate membrane (ARAM) and rubberized type II slurry. The project also includes the removal and replacement of roadway striping, as -needed removal of asphalt or concrete curb and gutter, pedestrian ramps, and traffic signal loop installation. Construction commenced on August 22, 2022. After start of construction City staff was informed by Rancho California Water District (RCWD) that they intended to accelerate the construction of a new recycled water line on Via Rami between Pauba and Amarita Way. This is to avoid excavation of a newly resurfaced road. This segment of Via Rami was initially intended to receive slurry seal as part of a separate City project, Citywide Slurry Seal Program FY2021-2022, PW22-02, that is currently under construction. This segment was removed from the PW22-02 project to allow RCWD time to complete their recycled water line installation before resurfacing the roadway. It was then decided to add this segment of Via Rami to the PW21-06 project which had just started construction in the area. Upon further evaluation of roadway conditions, staff determined this segment of Via Rami should be resurfaced with asphalt leveling course, ARAM, and slurry seal instead of just the slurry seal originally planned for this roadway. There is insufficient contingency currently allocated to PW21-06 to address both the requirements of the original project scope and the addition of Via Rami. Staff recommends an increase to the construction contingency, and the City Manager's authority to issue change orders, by $200,000 for a total authorized contingency of $630,215.15 FISCAL IMPACT: Pavement Rehabilitation Program — Meadowview/Paloma Del Sol Project, PW21-06 is a component of the Pavement Rehabilitation Program — Citywide which is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2023-2027 and funded with Measure A and RMRA funds. There are adequate funds in account 210.265.655 to cover the requested additional contingency amount of $200,000. ATTACHMENTS: 1. Project Description 2. Project Location Map f Alk The Heart of Southern California Wine Country City of Temecula Fiscal Years 2023-27 Capital Improvement Program PAVEMENT REHABILITATION PROGRAM - CITYWIDE Circulation Project Project Description: This project includes the environmental processing, design, construction of pavement rehabilitation, and reconstruction of major streets as recommended in the Pavement Management Program update. Benefit: This project improves pavement conditions so that the transportation needs of the public, business industry, and government can be met. Core Value: Transportation Mobility and Connectivity Project Status: A priority list of rehabilitation projects from the Pavement Management Program is used to determine the projects to be undertaken. Construction is completed annually based on the allocated funds. Department: Public Works - Account No. 210.265.999.655 / Various Level: I BEFORE E AFTER Project Cost: Prior Years Actuals 2021-22 Adjusted 2022-23 Adopted Budget 2023-24 Projected 2024-25 Projected 2025-26 Projected 2026-27 Projected Total Project Cost Administration 3,298,480 2,067,788 668,205 662,724 682,098 670,888 300,000 8,350,183 Construction 26,172,728 6,487,913 1,217,678 1,564,001 2,513,762 2,605,055 3,200,203 43,761,340 Construction Engineering 462,293 1,436,179 383,203 377,723 385,277 388,409 250,000 3,683,084 Design & Environmental 801,699 496,343 1,298,042 Total Expenditures 30,735,200 10,488,223 2,269,086 2,604,448 3,581,137 3,664,352 3,750,203 57,092,649 Source of Funds: Gas Tax 1,200,000 1,200,000 General Fund 5,692,614 5,692,614 Measure A 16,646,857 6,575,889 289,980 1,220,380 1,256,380 1,294,071 27,283,557 Measure S 2,000,000 2,000,000 Reimbursements 36,000 227,337 263,337 RMRA 5,054,005 3,790,721 2,269,086 2,314,468 2,360,757 2,407,972 2,456,132 20,653,141 Total Funding 1 30,629,4761 10,593,947 2,269,086 2,604,448 3,581,137 3,664,352 3,750,2031 57,092,649 Future Operating & Maintenance Costs: Total Operating Costs Notes: 1. Road Repair and Accountability Act (RMRA) 100 1 Gt' Pavement Rehabilitation Program — Meadowview/Paloma Del Sol Project, PW21-06 Asphalt Rubber Aggregate Membrane (ARAM) A'qS � A Vq� VFROF ° SOMe C �°0 Q`''� OP OE LA �� Q -�� ►- �' CA � Q AVENIDA ESTRA �t� z QP KgHwEA RD Ap V p e' Q O �0�� =Q- J Qi FEL�G TA RD J 9<< cT �� W gVENlpq DEREPOSO �•o� T oG VIA LOS AL-TOS /A 90 �w 9 m �G Q AVFH PV ESTA Deus- 2 z P -7-. D �� DEL REY RD 0���5 S�C'� CALLE PINA COLADA � �'�,�� G°� ° <G Legend ARAM - 2022 Parcels PRGAR`�PRD City Boundary The map ARAM _2022.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 map. This map is not for reprint or resale. Visit the City of Temecula GIS online at https://temeculaca.gov/gis 0 500 1,000 Feet I I I Updated 1/4/2022 City of Temecula - ARAM I MX<��Wa Legend NO City Boundary The map ARAM _2022.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 map. This map is not for reprint or resale. Visit the City of Temecula GIS online at https://temeculaca.gov/gis 0 500 1,000 Feet I I I Updated 1/31/2022 Item No. 9 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: December 13, 2022 SUBJECT: Authorize the Purchase of Traffic Equipment for the Emergency Vehicle Pre- Emption Upgrade Program, Flashing Beacons & Speed Advisory Signs, and the Traffic Signal Equipment Enhancement Program for the Department of Public Works - Traffic Division PREPARED BY: Anissa Sharp, Management Assistant Nick Minicilli, Senior Traffic Engineer RECOMMENDATION: That the City Council authorize the purchase of traffic equipment for the Emergency Vehicle Pre-Emption Upgrade Program, Flashing Beacons & Speed Advisory Signs, and the Traffic Signal Equipment Enhancement Program for the Department of Public Works - Traffic Division, in the amount of $600,000. BACKGROUND: On June 14, 2022, The City Council adopted the Capital Improvement Program (CIP) for Fiscal Years 2023-2027. The Department of Public Works — Traffic Division has thoroughly assessed the condition and efficiency of multiple traffic components and determined that upgrades to various equipment are necessary to effectively enhance and improve traffic operations throughout the city. After considerably review, the Traffic Division obtained cost estimates and quotes from multiple vendors for the purchase of highly specialized and proprietary equipment associated with each Capital Improvement Program project as outlined below. The Emergency Vehicle Pre-Emption Upgrade Program will enhance and upgrade emergency vehicle pre-emption equipment at various signalized intersections Citywide. The project includes upgrade of pre-emption optical detectors, wiring, and optical processor cards to improve emergency vehicle response times. This project enhances traffic safety and supports the long-term maintenance and rehabilitation of City assets and infrastructure. The Flashing Beacons & Speed Advisory Signs Circulation Project maintains the City's Neighborhood Traffic Calming Program, School Area Safety, and Arterial Traffic Calming by installing flashing beacons, rectangular rapid flashing beacons (RRFB) and speed advisory signs to advise motorists of school zones, crosswalks, and speed limits. This project improves traffic safety on roadways, neighborhoods, and school zones. The Traffic Signal Equipment Enhancement Program includes the enhancement and upgrade of existing traffic signal equipment at various signalized intersections citywide. This includes replacement of traffic signal controllers, battery back-up systems, Light Emitting Diode (LED) traffic signal indications, traffic signal controller cabinets, service cabinets, safety street lighting, signal communication equipment, and fiber optic cable. This project also aims to upgrade existing traffic signal conductors including conduit, service conductors, and detector cable to comply with current standards. -This project enhances traffic safety and supports the long-term enhancements and rehabilitation of City assets and infrastructure. All purchases with manufacturers and suppliers for materials, parts, and equipment are as required to provide continuity and standardization of all traffic components to effectively maintain traffic circulation operations, and are associated with each of the various capital improvement projects, as follows: Project- Emergency Vehicle Pre-Emption Upgrade Program . NexTech Systems, Inc. $105,000 Flashing Beacons & Speed Advisory Signs NexTech Systems, Inc. $70,000 Traffic Signal Equipment Enhancement Program Swarco McCain Inc. $175,000 Traffic Signal Equipment Enhancement Program Western Systems Inc. $130,000 Traffic Signal Equipment Enhancement Program Battery Systems Inc. $120,000 FISCAL IMPACT: Adequate funds are available in each of the project budgets, as identified in the Capital Improvement Program for Fiscal Years 2023-2027. ATTACHMENTS: None Item No. 10 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: December 13, 2022 SUBJECT: Approve Parcel Map 37510 (Located Approximately 130 Feet North of the Intersection of Main Street and Pujol Street on the East Side of Pujol Street) PREPARED BY: Ron Moreno, Principal Engineer/City Surveyor Annie Bostre-Le, Public Works Development Manager RECOMMENDATION: That the City Council: 1. Approve Parcel Map 37510 in conformance with the Conditions of Approval; and 2. Approve the Subdivision Improvement Agreement with the developer; and 3. Approve the Subdivision Monumentation Agreement with the developer; and 4. Authorize the City Manager to execute the agreements on behalf of the City. Parcel Map 37510 has been approved for subdivision purposes to create one parcel, totaling 2.27 gross acres. The property covered by this Parcel Map is located within the Old Town Specific Plan and is located approximately 130 feet north of the intersection of Main Street and Pujol Street on the east side of Pujol Street. This Parcel Map is a merger of Parcels 1 and 2 of Parcel Map 9839, as shown by map on file in Book 61, Page 14 of Parcel Maps, records of said county except therefrom that portion of Parcel 1 was conveyed to the Riverside County Flood Control and Water Conservation District, a body politic, by document recorded January 14, 2015, as Instrument No. 2015-0016730 of Official Records. Together with the northwesterly 255 feet of the northwesterly one-half of that Tract of Land formerly used as railroad right-of-way and station ground of the Atchison, Topeka, and Santa Fe Railroad Company, conveyed to N.R. Vail, et al., by deed recorded June 11, 1940, in Book 464, Page 505 of Official Records of Said County, excepting therefrom the Northwesterly 595 feet thereof. Also, except therefrom those portions included in River and Pujol Streets as shown on Said Map. Also, except therefrom that portion of said land condemned by the Riverside County Flood Control and Water Conservation District set forth and described in that certain document recorded October 5, 2010, as Instrument No. 2010-477535 of Official Records. Securities have been posted for the public improvements and monumentation as conditioned by the approval of the Tentative Parcel Map at Planning Commission on February 20, 2019 and an extension of time approved on February 16, 2022. All fees have been paid. The property owner/developer has met the terms of the Conditions of Approval for map recordation, and this Parcel Map is in conformance with the approved Tentative Parcel Map. The approval of a Subdivision Map, which substantially complies with the approved Tentative Parcel Map, is a mandatory ministerial act under State law. All fees have been paid. FISCAL IMPACT: None ATTACHMENTS: 1. Vicinity Map 2. Parcel Map 3. Fees and Securities Report TOTAL NUMBER OF PARCELS: 1 IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TOTAL GROSS ACRES: 2.268 AC TOTAL NET ACRES: 2.268 AC PARCEL MAP NO. BEING A MERGER OF PARCELS 1 AND 2 OF PARCEL MAP 9839, AS SHOWN BY MAP ON FILE IN BOOK 61, PAGE 14 OF PARCEL MAPS, RECORDS OF SAID COUNTY EXCEPT THEREFROM THAT PORTION OF PARCEL 1 CONVEYED TO THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, A BODY POLITIC, BY DOCUMENT RECORDED JANUARY 14, 2015 AS INSTRUMENT NO. 2015-0016730 OF OFFICIAL RECORDS. TOGETHER WITH THE NORTHWESTERLY 255 FEET OF THE NORTHWESTERLY ONE-HALF OF THAT TRACT OF LAND FORMERLY USED AS RAILROAD RIGHT OF WAY AND STATION GROUND OF THE ATCHISON, TOPEKA AND SANTA FIE RAILROAD COMPANY, CONVEYED TO N.R. VAIL, ET AL., BY DEED RECORDED JUNE 11, 1940 IN BOOK 464, PAGE 505 OF OFFICIAL RECORDS OF SAID COUNTY, EXCEPTING THEREFROM THE NORTHWESTERLY 595 FEET THEREOF. ALSO EXCEPT THEREFROM THOSE PORTIONS INCLUDED IN RIVER AND PUJOL STREETS AS SHOWN ON SAID MAP. ALSO EXCEPT THEREFROM THAT PORTION OF SAID LAND CONDEMNED BY THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AS SET FORTH AND DESCRIBED IN THAT CERTAIN DOCUMENT RECORDED OCTOBER 5, 2010 AS INSTRUMENT NO. 2010-477535 OF OFFICIAL RECORDS. ATLAS GEOSPATIAL JULY 2022 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. WE HEREBY DEDICATE ABUTTERS' RIGHTS OF ACCESS ALONG PUJOL STREET TO THE PUBLIC. THE OWNERS OF PARCEL 1 ABUTTING THIS HIGHWAY AND DURING SUCH TIME WILL HAVE NO RIGHTS OF ACCESS EXCEPT THE GENERAL EASEMENT OF TRAVEL, ALSO EXCEPTING (TWO) ACCESS OPENINGS BOTH ON PARCEL 1 AS SHOWN HEREON. ANY CHANGE OF ALIGNMENT OR WIDTH THAT RESULTS IN THE VACATION THEREOF SHALL TERMINATE THIS DEDICATION AS TO THE PART VACATED. OWNER TEMECULA PACIFIC ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP BY: TPC HOLDINGS IX, LLC, AN IDAHO LIMITED LIABILITY COMPANY IT'S: ADMINISTRATIVE GENERAL PARTNER BY: PACIFIC WEST COMMUNITIES, INC., AN IDAHO CORPORATION IT'S: MANAGER CALEB ROOPE, PRESIDENT, CEO DATE NOTARY ACKNOWLEDGMENT STATE OF IDAHO COUNTY OF ON THIS DAY OF 20 , BEFORE ME, , A NOTARY PUBLIC FOR THE STATE OF , PERSONALLY APPEARED (NAME OF SIGNER), KNOWN OR IDENTIFIED TO ME (OR PROVED TO ME ON THE OATH OF ) TO BE THE (OFFICER TITLE) OF THE CORPORATION THAT EXECUTED THE INSTRUMENT OR THE PERSON WHO EXECUTED THE INSTRUMENT ON BEHALF OF SAID CORPORATION, AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL THE DAY AND YEAR IN THIS CERTIFICATE FIRST ABOVE WRITTEN. SIGNATURE OF NOTARY PUBLIC PRINTED NAME OF NOTARY PUBLIC COMMISION EXPIRATION DATE: CITY CLERK'S STATEMENT THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA, BY ITS CITY CLERK, RANDI JOHL, HEREBY APPROVES THIS PARCEL MAP, AND HEREBY ACCEPTS THE ABUTTERS RIGHTS OF ACCESS ALONG PUJOL STREET AS DEDICATED. DATE: 2022 RANDI JOHL CITY CLERK CITY OF TEMECULA, CALIFORNIA. SIGNATURE OMISSION STATEMENT THE SIGNATURE OF THE FOLLOWING PARTIES HAVE BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436, SUBSECTION (A)(3)(A)(I) OF THE SUBDIVISION MAP ACT. THEIR INTEREST IS SUCH THAT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURES ARE NOT REQUIRED BY THE GOVERNING BODY. 1) AN EASEMENT IN FAVOR OF TEMESCAL WATER COMPANY PER DOCUMENT RECORDED MARCH 4, 1964 AS INSTRUMENT NO 27383 OF OFFICIAL RECORDS. RE -RECORDED JANUARY 15, 1965 AS INSTRUMENT NO 5629 OF OFFICIAL RECORDS - THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. 2) AN ACCESS EASEMENT IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY PER DOCUMENT RECORDED APRIL 14, 1980 AS INSTRUMENT NO 70769 OF OFFICIAL RECORDS. - THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. 3) A TEMPORARY CONSTRUCTION EASEMENT IN FAVOR OF CITY OF TEMECULA, A MUNICIPAL CORPORATION PER DOCUMENT RECORDED AUGUST 20, 2010 AS INSTRUMENT NO 2010-0398675 OF OFFICIAL RECORDS. - EXPIRED, NO LONGER AFFECTS SAID PROPERTY 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: 2022 CASH OR SURETY BOND MATTHEW JENNINGS COUNTY TAX COLLECTOR BY: DEPUTY TAX COLLECTOR'S CERTIFICATE I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE, AS OF THIS DATE, THERE ARE NO LIENS AGAINST THE PROPERTY SHOWN ON THE WITHIN MAP FOR UNPAID STATE, COUNTY, MUNICIPAL, OR LOCAL TAXES, OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES, OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOW A LIEN BUT NOT YET PAYABLE, WHICH ARE ESTIMATED TO BE$ DATE: 2022 MATTHEW JENNINGS, COUNTY TAX COLLECTOR BY: DEPUTY SHEET 1 OF 3 SHEETS RECORDER'S STATEMENT FILED THIS DAY OF 2022, AT .M. IN BOOK OF PARCEL MAPS AT PAGES , AT THE REQUEST OF THE CITY CLERK OF THE CITY OF TEMECULA. NO. FEE $ PETER ALDANA, COUNTY ASSESSOR, CLERK, RECORDER BY SUBDIVISION GUARANTEE: CHICAGO TITLE COMPANY SURVEYOR'S STATEMENT ,DEPUTY THIS MAP WAS PREPARED BY ME OR UNDER MY SUPERVISION AND IS BASED ON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF DARREN BERBERIAN ON JULY, 2022.1 HEREBY STATE THAT ALL THE MONUMENTS ARE OF CHARACTER AND OCCUPY THE POSITIONS INDICATED OR WILL BE SET IN ACORDANCE WITH THE TERMS OF THE MONUMENT AGREEMENT FOR THIS MAP AND THAT SAID MONUMENTS ARE OR WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP IF ANY. THIS SURVEY IS TRUE AND COMPLETE AS SHOWN. W. WAYNE WHATLEY, NO. 8645 EXP. DATE: 12/31/23 DATE CITY SURVEYOR'S STATEMENT � ND ,SUS W. WAYNE WHATLEY o a ' EXP.12-31-2023 p .y N0.8645 O op CAL, I HEREBY STATE THAT THIS MAP CONSISTING OF THREE (3) SHEETS HAS BEEN EXAMINED BY ME OR UNDER MY SUPERVISION, AND FOUND TO BE SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP OF PARCEL MAP NO. 37510 AS FILED AND APPROVED BY THE CITY OF TEMECULA ON FEBRUARY 20, 2019, FOLLOWED BY AN APPROVAL OF AN EXTENTION, EXPIRATION DATE BEING FEBRUARY 16, 2023, THAT ALL PROVISIONS OF APPLICABLE STATE LAW AND THE CITY REGULATIONS HAVE BEEN COMPLIED WITH, AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT. DATE: 2022 RON MORENO, L.S. 7933, CITY SURVEYOR LAND S� M 0 RFC v P.L.S. 7933 I* OF SECTION 12, TOWNSHIP 8 SOUTH, RANGE 3 WEST S.B.M. CITY OF TEMECULA O Q 0 ra PROJECT SITE 15 ENVIROMENTAL CONSTRAIT NOTE: THE ENVIRONMENTAL CONSTRAINT SHEET AFFECTING THIS MAP IS ON FILE IN THE OFFICE OF THE CITY ENGINEER, CITY OF TEMECULA, IN E.C.S. BOOK T, PAGE 426. THIS AFFECTS ALL PARCELS. SHEET INDEX NOTE SEE SHEET 3 FOR PROCEDURE OF SURVEY AND EASEMENT DETAIL IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA PARCEL MAP NO. 37510 BEING A MERGER OF PARCELS 1 AND 2 OF PARCEL MAP 9839, AS SHOWN BY MAP ON FILE IN BOOK 61, PAGE 14 OF PARCEL MAPS, RECORDS OF SAID COUNTY EXCEPT THEREFROM THAT PORTION OF PARCEL 1 CONVEYED TO THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, A BODY POLITIC, BY DOCUMENT RECORDED JANUARY 14, 2015 AS INSTRUMENT NO. 2015-0016730 OF OFFICIAL RECORDS. TOGETHER WITH THE NORTHWESTERLY 255 FEET OF THE NORTHWESTERLY ONE-HALF OF THAT TRACT OF LAND FORMERLY USED AS RAILROAD RIGHT OF WAY AND STATION GROUND OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N.R. VAIL, ET AL., BY DEED RECORDED JUNE 11, 1940 IN BOOK 464, PAGE 505 OF OFFICIAL RECORDS OF SAID COUNTY, EXCEPTING THEREFROM THE NORTHWESTERLY 595 FEET THEREOF. ALSO EXCEPT THEREFROM THOSE PORTIONS INCLUDED IN RIVER AND PUJOL STREETS AS SHOWN ON SAID MAP. ALSO EXCEPT THEREFROM THAT PORTION OF SAID LAND CONDEMNED BY THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AS SET FORTH AND DESCRIBED IN THAT CERTAIN DOCUMENT RECORDED OCTOBER 5, 2010 AS INSTRUMENT NO. 2010-477535 OF OFFICIAL RECORDS. GPS CONTROL, MONUMENT NOTES AND DETAILS VICINITY MAP SCALE: NOT TO SCALE MONUMENT NOTES FOUND 1-1/4" IRON PIPE W/ TAG STAMPED "RCE 26159" PER RECORD OF SURVEY 119/40-44, HELD TO ESTABLISH CENTERLINE INTERSECTION, FLUSH IN ASPHALT. © FOUND GEAR SPIKE AND WASHER STAMPED "LS 5411" PER CORNER RECORD 17-0041, HELD TO ESTABLISH CENTERLINE INTERSECTION, FLUSH IN ASPHALT. © FOUND GEAR SPIKE AND WASHER STAMPED "LS 5411" PER CORNER RECORD 17-0043, HELD TO ESTABLISH CENTERLINE INTERSECTION, FLUSH IN ASPHALT. FOUND BRASS CAP STAMPED "LS 3163" IN MONUMENT WELL IN LIEU OF FLUSH IN ASPHALT PER �D RECORD OF SURVEY 113/38 AND SHOWN ON RECORD OF SURVEY 119/40-44, HELD TO ESTABLISH THE CENTERLINE OF SIXTH STREET. �E CENTERLINE INTERSECTION ESTABLISHED BY 3 FOUND SWING TIES PER CORNER RECORD 01-562. [E 1] FOUND LEAD AND TACK IN CONCRETE CURB PER CORNER RECORD 01-562. SEE DETAIL 'A' ON SHEET 3. FOUND 1" IRON PIPE OPEN W/ NO TAG, 0.50 FEET DOWN IN DIRT, ACCEPTED AS MONUMENT SET PER RECORD OF SURVEY 60/71. © FOUND 1" IRON PIPE W/ PLASTIC CAP STAMPED "RCE 13737", NO RECORD, FLUSH IN DIRT. FOUND 1" IRON PIPE W/ PLASTIC CAP STAMPED "RCE 13737" BEING A DISTANT S44°30'56"W - 0.12, FEET FROM PROPERTY CORNER, NO RECORD, DOWN 0.25 FEET IN DIRT. ❑ I FOUND DAMAGE 1-1/4" IRON PIPE OPEN W/ NO TAG, BEING A DISTANT S74°27'34"W - OAT FEET FROM PROPERTY CORNER, ACCEPTED AS MONUMENT SET PER PARCEL MAP 61/14, DOWN 0.50 FEET IN DIRT. FOUND 1-1/4" IRON PIPE W/ TAG STAMPED "RCE 22031" PER PARCEL MAP 61/14, HELD AS PROPERTY CORNER, DOWN 0.50 FEET IN DIRT. FOUND 3/4" IRON PIPE W/ TAG STAMPED "R.C.F.C. / W.C.D." PER RECORD OF SURVEY 119/40-44, HELD AS PROPERTY CORNER, 0.17 FEET ABOVE GROUND. © FOUND 1" IRON PIPE W/ TAG STAMPED "LS 7131" SET PER RECORD OF SURVEY 113/38 AND SHOWN ON RECORD OF SURVEY 119/40-44, FLUSH IN DIRT, HELD TO ESTABLISH RIGHT OF WAY. FOUND 1" IRON PIPE W/ ILLEGIBLE TAG, IN LIEU OF NAIL & TAG STAMPED "LS 7131" PER RECORD OF �M SURVEY 119/40-44, FOUND N45°31'02"W - 0.18 FEET FROM RIGHT OF WAY INTERSECTION, FLUSH IN CONCRETE WALK. FOUND 1-1/4" IRON PIPE W/ TAG STAMPED "RCE 26195", BEING N26°18'40"W - 0.28 FEET FROM RIGHT OF WAY ❑N INTERSECTION, PER RECORD OF SURVEY 113/38, AND AS SHOWN ON RECORD OF SURVEY 119/40-44 SHEET 2 OF 3 SHEETS LAKE SKINNER CCS83, ZONE VI GPS STATION SITE ID # BILL NORTHING: 2,154,994.9 , EASTING: 6,313,564.16 / / I / I 0 / I0 AF � to "ley 3 /IN,o TEMECULAVHCS2005 I,r; O / CCS83, ZONE VI c GPS STATION SITE ID # P477 I co NORTHING: 2,127,663.6400 / y / AO'P\� 0 �°o/ EASTING: 6,298,482.8000 GIXD / <�� ©POINT'B' NORTHING: 2,124,337.4880 �Q EASTING: 6,287,652.3260 AG✓O\ � / � / 10��/ ��. PROJECT SITE �� yIlk co POINT'A' j / OAT NORTHING: 2,123,681.4928 / IN CGeL�ti I E EASTING: 6,287,007.7800 / �\ S NOT TO SCALE CDCONVERGENCE ANGLE =-00°29'42.19" �Nlb / BASIS OF BEARINGS 5 / THE BASIS OF BEARINGS FOR THIS SURVEY IS THE CALIFORNIA STATE PLANE COORDINATE / SYSTEM, CCS83, ZONE 6, BASED LOCALLY ON CONTROL STATIONS "P476", "P477, AND "BILL" NAD 83(NSRS2011) EPOCH 2O10.00 AS SHOWN HEREON. ALL BEARINGS SHOWN ON THIS MAP / ARE GRID. QUOTED BEARINGS AND DISTANCES FROM REFERENCE MAPS OR DEEDS ARE AS SHOWN PER THAT RECORD REFERENCE. ALL DISTANCES SHOWN ARE GROUND DISTANCES Mom/ UNLESS SPECIFIED OTHERWISE. GRID DISTANCES, MAY BE OBTAINED BY MULTIPLYING THE MN / GROUND DISTANCE BY A COMBINATION FACTOR OF 0.999915218. CALCULATIONS ARE MADE AT POINT'A' WITH COORDINATES OF: N: 2123681.49, E: 6287007.78, USING AN ELEVATION OF / SANTAMARGACS2005 1001.77 FEET. CCS83, ZONE VI GPS STATION SITE ID # P476 NORTHING: 2,104,886.5500 EASTING: 6,275,015.7200 NE _ 11\12 �9 0 30' 60' 120' GRAPHIC SCALE 1" = 60' (I CONVERGENCE ANGLE _-00°29'42.19" ui 00C.0w cNo- No. E1 M M V m Of / I N M Z .wLu oM MLoo ao� E1 fV�M ^ / N °"It [0, O � MZ / �$!xafC. Z Aayg'1oglr PUJOL STREET � - � N45°31'26"W / N45°30'01"W R1/R2/R3 / N45°31'23"W R4 1,089.92' / 1,089.92' R2 / 1,089.91' R1/R3 0 ��p DETAIL 'A' E1 NOT TO SCALE LINE TABLE # BEARINGS DISTANCE L1-16 -- -- L22 N44°29'44"E 110.91, L17 N45031'26"W 70.05' N44°30'29"E R1 " N45°30'01 "W R3 70.00' R3 N45°25'36"E R4 110.98' R4 N45°31'23"W R4 69.92' R4 L23 N44030'56"E 110.93' L18 S45031'37"E 70.05' N44°29'12"E R1 110.92' R1 S45°30'01 "E R3 70.00' R3 N44°30'06"E R5 110.91' R4 L19 S45°31'37"E 74.91' L24 N45031'26"W 20.22' S45°31'35"E R4 75.41' R4 N45°30'01"W R1 20.00' R1 L20 N45031'26"W 64.82' N45°31'23"W R4 19.97' R4 N45°30'01 "W R1 64.91' R1 L25 S45031'02"E 60.00' N45°31'23"W R4 65.18' R4 S45°31'21 "E R4 I. L21 N45030'14"W 64.79' L26 S45036'22"E 65.10' N45°29'29"E R1 64.95' R1 S45°36'20"W R4 65.18' R4 N45°35'13"W R4 64.86' R4 L27 S44°30'16"W 10.13' S44°31'18"W R4 10.14' R4 SHEET INDEX NOTE SEE SHEET 2 FOR GPS CONTROL, MONUMENT NOTES AND DETAILS RECORD LEGEND XX A BEARING OR DIMENSION THAT IS MEASURED OR CALCULATED. R1 RECORD DATA PER PARCEL MAP NO 9839 AS PER P.M.B. 61/14. R2 RECORD DATA PER RECORD OF SURVEY 83/30. R3 RECORD DATA PER RECORD OF SURVEY 60/71. R4 RECORD DATA PER RECORD OF SURVEY 119/40-44. CR1 RECORD DATA PER CORNER RECORD 01-562. LEGEND BOUNDARY OF THIS MAP - LOT LINE RIGHT OF WAY LINE - CENTERLINE TIE LINE CL CENTERLINE S.F.N.F. SEARCH FOR NOTHING FOUND P.M.B. PARCEL MAP BOOK CR CORNER RECORD FOUND MONUMENT AS DESCRIBED ON SHEET 2 S.F.N.F., SET LEAD, TACK & BRASS TAG STAMPED "LS 8645", FLUSH IN CONCRETE CURB OR SIDEWALK. O S.F.N.F., SET 2" IRON PIPE, CONCRETE FILLED, W/ TAG STAMPED "LS 8645", FLUSH IN DIRT. Q S.F.N.F., SET GEAR SPIKE W/ WASHER STAMPED "LS 8645", FLUSH IN ASPHALT. ® SEARCH FOR NOTHING FOUND IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA PARCEL MAP NO. 37510 BEING A MERGER OF PARCELS 1 AND 2 OF PARCEL MAP 9839, AS SHOWN BY MAP ON FILE IN BOOK 61, PAGE 14 OF PARCEL MAPS, RECORDS OF SAID COUNTY EXCEPT THEREFROM THAT PORTION OF PARCEL 1 CONVEYED TO THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, A BODY POLITIC, BY DOCUMENT RECORDED JANUARY 14, 2015 AS INSTRUMENT NO. 2015-0016730 OF OFFICIAL RECORDS. TOGETHER WITH THE NORTHWESTERLY 255 FEET OF THE NORTHWESTERLY ONE-HALF OF THAT TRACT OF LAND FORMERLY USED AS RAILROAD RIGHT OF WAY AND STATION GROUND OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N.R. VAIL, ET AL., BY DEED RECORDED JUNE 11, 1940 IN BOOK 464, PAGE 505 OF OFFICIAL RECORDS OF SAID COUNTY, EXCEPTING THEREFROM THE NORTHWESTERLY 595 FEET THEREOF. ALSO EXCEPT THEREFROM THOSE PORTIONS INCLUDED IN RIVER AND PUJOL STREETS AS SHOWN ON SAID MAP. ALSO EXCEPT THEREFROM THAT PORTION OF SAID LAND CONDEMNED BY THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AS SET FORTH AND DESCRIBED IN THAT CERTAIN DOCUMENT RECORDED OCTOBER 5, 2010 AS INSTRUMENT NO. 2010-477535 OF OFFICIAL RECORDS. PROCEDURE OF SURVEY AND EASEMENT DETAIL S45031'02"E / S45°29'30"E R2 / S45°31'06"E R4 1,089.61' / 1,089.85' R2 359.66' / 359.89' R2 / 359.82' R4 729.96' CALC'D R2 / 729.88' CALC'D R4 N�'\ STABLISHED BY INTERSECTION c I OLD TOWN FRONT STREET LU bo J I � - CL OF FIFTH STREET r'IU 2 rn o H o U)co a N45031'02"W 1CN kro.18, N 1 ti I a, M ti 0 N l SHEET 3 OF 3 SHEETS �I �Of M M O CN 0) N M Bo 0� � rn� M � O � M � cI m M ti M / - - - - S45031'37"E / S45°30'08"E R2 / S45°31'35"E R4 _ _ _ _ _ _ _ 1,089.75' / 1,089.88 R2 _ _ L27 �-\ 625.00' FORMERLY RIVER STREET CENTERLINE"' ENTERLINE �i 1 255.11' / 254.98' R4 - \ = L26_ 189.87' -� 1 �I 19.77' / 19.79' R4 \ W I I N 1 W S45031'37"E / S45°30-01"E R1/R3 / S45°31'35"E R4 1,029.77' F- L18 99.99' / 100.00' R3 L19 84.89' / 85.08' R1- 30' i �i i _ .'i i . _ / i 1 ? .04' / 169.244 96' / 245.38' R4 M '02,3�07 8\ 680.07' / 680.00' R1 M R4 _ N23°48. o a' Oo 0 Q Of It v C� o o N W pLo �� O� \ \s /S2 0 N RffEG3=E OOUH7V FLOOD N (D � � � I N r__ �� \3 4�' F M D Q(OOO �1TaOL COO�1DCftuVil�JLaTlO�l M o 0 30' o_ _ N� \ R4 N m PARCEL HOO 7�0021-2 3 EC�OO 3DD EDD � N a � o � o N �_ � CD U) N °° OR v Z-) 2j43� �n N 10/05/2010 AS 0H,97. HO. 2010-4775 35 N °ti° � GQ f� o � � N N Q oo N I CIA wo O2S C'iR 0 � ��� c Q U) C� \ o� `o U N � !� N380 0?6W/S382°E � Ci R4 o N46?13 52"W R4 D 256.83' / 342.35' / N46°14'02"W -� co o 256.70' R4 342.26' R4 lid ❑K oho � M wI ry, M N ° v Z iV ��I M W Lo o� od�� 600 �0 M cof suR 4 O �oao �g Z - I 19 0' Z � 0 \\\i� �! V W O coD �/ N co Q' N M W coQ� co PARCEL 1 M 1 co W �; o � = O o 98,811.11 SF. Z oCY) w N o N o 2.268 AC. M Lo O N Z r'(wNDV Z N �.., ZD �ZW M N Co rn � o -o W !n . M Z N co °' O O M O o M Z M z z z Z Z G I . V�'S 30' 100.04' R4 __ 680.07' / 680.00' R1 - L17 �• �- 99.99, / 100.00' R3 170.02' / 170.01' R4 - 254.94' / 254.98' CALC'D R4 /- E / .� M N45031'26"W / N45°30'01"W R1 / N45°31'23"W R4 H PUJOL STREET ` N45031'26"W / N45°30'01"W R1/R2/R3 / N45°31'23"W R4 SEE DETAIL'A' HEREON �\-85.53' / 875 56' R4 1 � CoJ�? � Oro � It W ai Qv= ~ w � v '_ = m CIDo o oi M Zo o Z'v of w I N A0 0 w Ln O M z M N I J ABUTTERS RIGHTS RESTRICTED ACCESS DEDICATED HEREON. 340.16' I - - - - 1,029.92' 1,089.92' / 1,089.92' R2 / 1,089.91' R1/R3 aaa z W O N N N � M L21 - o Z / J N W � v Cs�9 Q N 00 _� o v N Z J a � aaa I . 3 I ai v 7.29' / 17.20' R4 N cn o O� N o N L uo w IN p L N Z 00 't N W I 0 N O N v Iz I 1. L24 30' L20 / 94.76' / 94.84' R4\\\\L1 it � I cN44029'44"E 9 75' p ENVIRONMENTAL CONSTRAINT SHEET NE _ r ITIT A f1 0 30' 60' 120' GRAPHIC SCALE 1" = 60' CONVERGENCE ANGLE _-00°29'42.19" i � Lu 00° w eoco_ 6O�- M�; E1 M � z't / 1 ��w I �v CO W io jh Q Mpo byo� E1 M /O o co N Z / R� ••� MZ PUJOL STREET 1 N45°31'26"W / N45°30'01"W R1/R2/R3 / N45°31'23"W R4 F 1,089.92' / 1,089.92' R2 / 1,089.91' R1/R3 IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA PARCEL MAP NO. 37510 BEING A MERGER OF PARCELS 1 AND 2 OF PARCEL MAP 9839, AS SHOWN BY MAP ON FILE IN BOOK 61, PAGE 14 OF PARCEL MAPS, RECORDS OF SAID COUNTY EXCEPT THEREFROM THAT PORTION OF PARCEL 1 CONVEYED TO THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, A BODY POLITIC, BY DOCUMENT RECORDED JANUARY 14, 2015 AS INSTRUMENT NO. 2015-0016730 OF OFFICIAL RECORDS. TOGETHER WITH THE NORTHWESTERLY 255 FEET OF THE NORTHWESTERLY ONE-HALF OF THAT TRACT OF LAND FORMERLY USED AS RAILROAD RIGHT OF WAY AND STATION GROUND OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY, CONVEYED TO N.R. VAIL, ET AL., BY DEED RECORDED JUNE 11, 1940 IN BOOK 464, PAGE 505 OF OFFICIAL RECORDS OF SAID COUNTY, EXCEPTING THEREFROM THE NORTHWESTERLY 595 FEET THEREOF. ALSO EXCEPT THEREFROM THOSE PORTIONS INCLUDED IN RIVER AND PUJOL STREETS AS SHOWN ON SAID MAP. ALSO EXCEPT THEREFROM THAT PORTION OF SAID LAND CONDEMNED BY THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AS SET FORTH AND DESCRIBED IN THAT CERTAIN DOCUMENT RECORDED OCTOBER 5, 2010 AS INSTRUMENT NO. 2010-477535 OF OFFICIAL RECORDS. S45031'02"E / S45°29'30"E R2 / S45°31'06"E R4 359.66' / 359.89' R2 / 359.82' R4 N�' STABLISHED BY INTERSECTION c I C� OLD TOWN FRONT STREET 1 SHEET 1 OF 1 SHEETS ENVIRONMENTAL CONSTRAINT NOTES 1 THIS PROPERTY IS LOCATED WITHIN 30 MILES OF MOUNT PALOMAR OBSERVATORY. ALL PROPOSED OUTDOOR LIGHTING SYSTEMS SHALL COMPLY WITH THE CALIFORNIA INSTITUTE OF TECHNOLOGY, PALOMAR OBSERVATORY RECCOMENDATIONS, ORDINANCE NO. 655. 2 THIS PROJECT IS CURRENTLY WITHIN THE 100-YEAR FLOOD HAZARD ZONE. 3 THIS PROJECT IS CURRENTLY WITHIN THE FLOODWAY. 4 THIS PROJECT LIES WITHIN THE COUNTY FAULT ZONE 5 FLOOD INUNDATION ZONE; SKINNER DAM; VAIL DAM, SADDLE DAM; WEST DAM 6 THIS PROJECT LIES WITHIN A MODERATE LIQUEFACTION ZONE 1,089.61' / 1,089.85' R2 729.96' CALC'D R2 / 729.88' CALC'D R4 WOf J - �� OF FIFTH STREET F- �; I < MONUMENT NOTES N w U FOUND 1-1/4" IRON PIPE W/ TAG STAMPED "RCE 26159" PER RECORD OF SURVEY © FOUND 1" IRON PIPE W/ PLASTIC CAP STAMPED "RCE 13737", NO RECORD, FLUSH IN DIRT. c ❑A 119/40-44, HELD TO ESTABLISH CENTERLINE INTERSECTION, FLUSH IN ASPHALT. FOUND 1" IRON PIPE W/ PLASTIC CAP STAMPED "RCE 13737" BEING A DISTANT S44°30'56"W N CR °' N N45°31'02"W g FOUND GEAR SPIKE AND WASHER STAMPED "LS 5411" PER CORNER RECORD ❑H - 0.12' FEET FROM PROPERTY CORNER, NO RECORD, DOWN 0.25 FEET IN DIRT. / 0.18' ❑ 17-0041, HELD TO ESTABLISH CENTERLINE INTERSECTION, FLUSH IN ASPHALT. FOUND DAMAGE 1-1/4" IRON PIPE OPEN W/ NO TAG, BEING A DISTANT S74°27'34"W - 0.43' iv FOUND GEAR SPIKE AND WASHER STAMPED "LS 5411" PER CORNER RECORD ❑I FEET FROM PROPERTY CORNER, ACCEPTED AS MONUMENT SET PER PARCEL MAP 61/14, 1�-�25 .1�© 17-0043, HELD TO ESTABLISH CENTERLINE INTERSECTION, FLUSH IN ASPHALT. DOWN 0.50 FEET IN DIRT. M M FOUND BRASS CAP STAMPED "LS 3163" IN MONUMENT WELL IN LIEU OF FLUSH IN FOUND 1-1/4" IRON PIPE W/ TAG STAMPED "RCE 22031" PER PARCEL MAP 61/14, HELD AS ❑D ASPHALT PER RECORD OF SURVEY 113/38 AND SHOWN ON RECORD OF SURVEY J❑ PROPERTY CORNER, DOWN 0.50 FEET IN DIRT. a' 119/40-44, HELD TO ESTABLISH THE CENTERLINE OF SIXTH STREET. FOUND 3/4" IRON PIPE W/ TAG STAMPED "R.C.F.C. / W.C.D." PER RECORD OF SURVEY CENTERLINE INTERSECTION ESTABLISHED BY 3 FOUND SWING TIES PER ❑K 119/40-44, HELD AS PROPERTY CORNER, 0.17 FEET ABOVE GROUND. c•') ❑E CORNER RECORD 01-562. FOUND 1" IRON PIPE W/ TAG STAMPED "LS 7131" SET PER RECORD OF SURVEY 113/38 co N E1 FOUND LEAD AND TACK IN CONCRETE CURB PER CORNER RECORD 01-562. SEE © AND SHOWN ON RECORD OF SURVEY 119/40-44, FLUSH IN DIRT, HELD TO ESTABLISH DETAIL W ON THIS SHEET. RIGHT OF WAY. FOUND 1" IRON PIPE OPEN W/ NO ❑ TAG, 0.50 FEET DOWN IN DIRT, ACCEPTED AS FOUND 1" IRON PIPE W/ ILLEGIBLE TAG, IN LIEU OF NAIL & TAG STAMPED "LS 7131" PER F MONUMENT SET PER RECORD OF SURVEY 60/71. ❑ RECORD OF SURVEY 119/40-44, FOUND N45°31'02"W - 0.18 FEET FROM RIGHT OF WAY u 4 10 - 94, •oo R E1 o� DETAIL 'A' E1 NOT TO SCALE LINE TABLE # BEARINGS DISTANCE L1-16 -- -- L22 N44°29'44"E 110.91, L17 N45031'26"W 70.05' N44°30'29"E R1 " N45°30'01 "W R3 70.00' R3 N45°25'36"E R4 110.98' R4 N45°31'23"W R4 69.92' R4 L23 N44030'56"E 110.93' L18 S45°31'37"E 70.05' N44°29'12"E R1 110.92' R1 S45°30'01"E R3 70.00' R3 N44°30'06"E R5 110.91' R4 L19 S45031'37"E 74.91' L24 N45°31'26"W 20.22' S45°31'35"E R4 75.41' R4 N45°30'01"W R1 20.00' R1 L20 N45031'26"W 64.82' N45°31'23"W R4 19.97' R4 N45°30'01 "W R1 64.91' R1 L25 S45°31'02"E 60.00' N45°31'23"W R4 65.18' R4 S45°31'21 "E R4 " L21 N45°30'14"W 64.79' L26 S45°36'22"E 65.10' N45°29'29"E R1 64.95' R1 S45°36'20"W R4 65.18' R4 N45°35'13"W R4 64.86' R4 L27 S44030'16"W 10.13' S44°31'18"W R4 10.14' R4 RECORD LEGEND XX A BEARING OR DIMENSION THAT IS MEASURED OR CALCULATED. R1 RECORD DATA PER PARCEL MAP NO 9839 AS PER P.M.B. 61/14. R2 RECORD DATA PER RECORD OF SURVEY 83/30. R3 RECORD DATA PER RECORD OF SURVEY 60/71. R4 RECORD DATA PER RECORD OF SURVEY 119/40-44. CR1 RECORD DATA PER CORNER RECORD 01-562. LEGEND BOUNDARY OF THIS MAP - LOT LINE RIGHT OF WAY LINE CENTERLINE - - - - TIE LINE CL CENTERLINE S.F.N.F. SEARCH FOR NOTHING FOUND P.M.B. PARCEL MAP BOOK FOUND MONUMENT AS DESCRIBED ON SHEET 2 S.F.N.F., SET LEAD, TACK & BRASS TAG STAMPED "LS 8645", FLUSH IN CONCRETE CURB OR SIDEWALK. O S.F.N.F., SET 2" IRON PIPE, CONCRETE FILLED, W/ TAG STAMPED "LS 8645", FLUSH IN DIRT. Q S.F.N.F., SET GEAR SPIKE W/ WASHER STAMPED "LS 8645", FLUSH IN ASPHALT. ® SEARCH FOR NOTHING FOUND S45031'37"E / S45°30'08"E R2 / S45°31'35"E R4 625.00' INTERSECTION, FLUSH IN CONCRETE WALK. FOUND 1-1/4" IRON PIPE W/ TAG STAMPED "RCE 26195", BEING N26°18'40"W ❑N 0.28 FEET FROM RIGHT OF WAY INTERSECTION, PER RECORD OF SURVEY 113/38, AND AS SHOWN ON RECORD OF SURVEY 119/40-44 BASIS OF BEARINGS 3ml HE BASIS OF BEARINGS FOR THIS SURVEY IS THE CALIFORNIA STATE PLANE M co COORDINATE SYSTEM, CCS83, ZONE 6, BASED LOCALLY ON CONTROL STATIONS "P476", "P477", AND "BILL" NAD 83(NSRS2011) EPOCH 2O10.00 AS SHOWN HEREON. ALL BEARINGS SHOWN ON THIS MAP ARE GRID. QUOTED BEARINGS AND C I rn DISTANCES FROM REFERENCE MAPS OR DEEDS ARE AS SHOWN PER THAT ti RECORD REFERENCE. ALL DISTANCES SHOWN ARE GROUND DISTANCES UNLESS SPECIFIED OTHERWISE. GRID DISTANCES, MAY BE OBTAINED BY MULTIPLYING THE GROUND DISTANCE BY A COMBINATION FACTOR OF 0.999915218. CALCULATIONS ARE MADE AT POINT'A' WITH COORDINATES OF: N: 2123681.49, E: 6287007.78, USING AN ELEVATION OF 1001.77 FEET. - 1 'i 1 19.77' / 19.79' R4 W I I N 1 w S45031'37"E / S45°30'01"E R1/R3 / S45°31'35"E R4 1,029.77' F_ N 30' L 18 �� 99.99' / 100.00'R3 �/ 1 �L19 / 84.89' / 85.08' R1- .04' / 169.244 96' / 245.38' R4 M / U23\o, 8\ 680.07' / 680.00' R1 v M Y4 N23Of °48' 00 Q O v _4 NOf W o o Q-' L0 CD \SSW/S2 ° O N RlWER60E COUNITY FLOO OD N (O O�� Q t o � W o o� �o� \3 4�4N �/ / C�ONJTROO L C OO HOE-G�' HATMH � N � � a � o � M � 30' I N: �_�/_c"j PARCEL NO 77021-2 3 RECORDED � �_ fq oo ehv ?� ` x ��o<�` 00/00512010 AS ONSSTo NO. 200100-4775 35 �? � c� G� r� o � � N "' N 4 �/ N N � v oo 3g / x2 cv x n a 0 Q Q co O m = of N r 2j4 \ Pn "�I Oo o O co H y r 44' C 3js x M x x x x x x\ /k//� N 9G C �1 �, X �`C\ '0'/ x N `t' \`V/ N� � N M Ci O O x x x x x x x x x x O M F G ni R4 \,6 2S' h' x: x x x x x x x x x x x x x x CD < __ 4 It 1 r x, \ /_ x x x x x x x x x x x x x x'x- ��/ 4 I I FEMA FLOOD ZONE "AE-SHADED" N38° • NUJ OO oOD / � L__ � 51 16' W/ S38°50'52"E R4x x x x x x x x x x a a N .77' / 4 W R4 �r7 � I M 1 D ✓ // I FEMA FLOOD ZONE "AE DASHED" x x x x x x x x x x 256.83' / 256.70' R4x x 342.35' / 342.26' R4x / x �\ < K �N46°14'02"W N w N Ll- J X x _- / 00 x x x x x x x x x x x x x x x x x x x x x x x�z w I - - 85.53' / 85,C�+ 17.29' / 17.20' R4 N M f I FEMA FLOOD ZONE "X SHADED" x x x x x x x x x x x x x x x x x x x x x x x x x x x 1 x x x x56' R4-� x x x C" N � L -J x x x x x x x x x x x x x x x x x x x x x x x x x x x k x x x x x x x x o Lr) X x x x X x X x x x x x x x x x x X x X x x x x x x x x x x x x� x x x x N z Z It Lo cl x x x x x x x x x x x x x x x x x x x x x x x x 6) wl N x x x x x x AA x x x x x x x x x x x x x ir) 4 x *5 xci I x x X x x x x x x x x x x x x w as - QOQ ti W x cm ��� 1� �O u Q x x x x x x x x x x x x x x x x � � O 00 Lo ao co' O� Ito O x M oD X X X X X X X X X X X X X X X X X x X X c) C .. z�lIX ����a x x x x x x x x x x x x x x x x x x x x x x x x "T� Q��K xxx x Z oIq x 4 x x x x x x x x x x x x x x x x x x x x x x Z (D oa °a E. K X Z x L I W rn M x x x x x x x x x x x x x r `� a) M M w X tfl0 x x x x xx ONNOb� Myjsug x �p x x X x X x x x x x X x >PARCEL '1' X w x x co X x X X X C) 00 w x O co L1J O M W w O ° O N 'D M MIS co N �; O� x o x x x X x X x X x X X x 98,811.11 SF. x x x x X x x x x x N N x N (n CD N p� M �,-� O °� Q' x X X X X X X X X X X x X X O x X X X X X X x W I Z O W N q N D D o_ 2.268 AC. N I X o - L6 ° Z x x x x x x x x x x x x x x x x x x x x x ��X\�x L21 w X of v O O N O V Z Z x N N M Z M Z D z O le X x x x x x x x x x x x x x x x x x x x x 1N ° Z SIC WI °' � w M c W W .x x x x x x x x x x x x x x x x x x x x x !L x J x x x x Iq io I Z I W Co uj <O M- K x X x x x x x x x x X x X x X x X x x x Ln x Ix x x pC x x M 04 Z C M � o.. 0.\ O ��?� I O FORMERLY RIVER STREET CENTERLINE"" 1,089.75' / 1,089.88 R2 _ _ L27 _ 255.1 V / 254.98' R4 _ 189.87' L26 T M M M •... �. M:: X X X X X X X X X X X X X X X X X X X X M x X x oo �0 x X X 0 x �.� x x x x x x x x x x x x x x x x x Z x Z Z Z \.P�'C� x x x x x x x x x x x x x x x x Zx J oo J x •Q•GG x x x x x x x X x x v v v Q JO `av u x x x x x a X X J 30' x x ABUTTERS RIGHTS RESTRICTED x x x aaa x y �'OQ�'� ACCESS DEDICATED HEREON. 100.04' R4 680.07' / 680.00' R1:� X ��. �. / L24 30' - L17 �- 99.99' / 100.00' R3 170.02' / 170.01' R4 - 254.94' / 254.98' CALC'D R4 /= �;. 255.11' / 254.82' x x x x x 1 / ' L20 1. 94.76' / 94.84' R4 1• �/ 340.16' / I E M N45°31'26"W / N45°30'01 "W R1 / N45°31'23"W R4 1,029 92' M N44°29'44"E 9 75' 4 / - - - - - - - - H - - �� PUJOL STREET I - x x x x x x x - -�,1 / N45°31'26"W / N45°30'01"W R1/R2/R3 / N45°31'23"W R4 1,089 92 / 1 089 92 R2 / 1 089 91 R1/R3 x x X X x x x x x x SEE DETAIL 'A' HEREON `. �� x x x x x x x x BOOK T, PAGE 426 - 1 'i 1 19.77' / 19.79' R4 W I I N 1 w S45031'37"E / S45°30'01"E R1/R3 / S45°31'35"E R4 1,029.77' F_ N 30' L 18 �� 99.99' / 100.00'R3 �/ 1 �L19 / 84.89' / 85.08' R1- .04' / 169.244 96' / 245.38' R4 M / U23\o, 8\ 680.07' / 680.00' R1 v M Y4 N23Of °48' 00 Q O v _4 NOf W o o Q-' L0 CD \SSW/S2 ° O N RlWER60E COUNITY FLOO OD N (O O�� Q t o � W o o� �o� \3 4�4N �/ / C�ONJTROO L C OO HOE-G�' HATMH � N � � a � o � M � 30' I N: �_�/_c"j PARCEL NO 77021-2 3 RECORDED � �_ fq oo ehv ?� ` x ��o<�` 00/00512010 AS ONSSTo NO. 200100-4775 35 �? � c� G� r� o � � N "' N 4 �/ N N � v oo 3g / x2 cv x n a 0 Q Q co O m = of N r 2j4 \ Pn "�I Oo o O co H y r 44' C 3js x M x x x x x x\ /k//� N 9G C �1 �, X �`C\ '0'/ x N `t' \`V/ N� � N M Ci O O x x x x x x x x x x O M F G ni R4 \,6 2S' h' x: x x x x x x x x x x x x x x CD < __ 4 It 1 r x, \ /_ x x x x x x x x x x x x x x'x- ��/ 4 I I FEMA FLOOD ZONE "AE-SHADED" N38° • NUJ OO oOD / � L__ � 51 16' W/ S38°50'52"E R4x x x x x x x x x x a a N .77' / 4 W R4 �r7 � I M 1 D ✓ // I FEMA FLOOD ZONE "AE DASHED" x x x x x x x x x x 256.83' / 256.70' R4x x 342.35' / 342.26' R4x / x �\ < K �N46°14'02"W N w N Ll- J X x _- / 00 x x x x x x x x x x x x x x x x x x x x x x x�z w I - - 85.53' / 85,C�+ 17.29' / 17.20' R4 N M f I FEMA FLOOD ZONE "X SHADED" x x x x x x x x x x x x x x x x x x x x x x x x x x x 1 x x x x56' R4-� x x x C" N � L -J x x x x x x x x x x x x x x x x x x x x x x x x x x x k x x x x x x x x o Lr) X x x x X x X x x x x x x x x x x X x X x x x x x x x x x x x x� x x x x N z Z It Lo cl x x x x x x x x x x x x x x x x x x x x x x x x 6) wl N x x x x x x AA x x x x x x x x x x x x x ir) 4 x *5 xci I x x X x x x x x x x x x x x x w as - QOQ ti W x cm ��� 1� �O u Q x x x x x x x x x x x x x x x x � � O 00 Lo ao co' O� Ito O x M oD X X X X X X X X X X X X X X X X X x X X c) C .. z�lIX ����a x x x x x x x x x x x x x x x x x x x x x x x x "T� Q��K xxx x Z oIq x 4 x x x x x x x x x x x x x x x x x x x x x x Z (D oa °a E. K X Z x L I W rn M x x x x x x x x x x x x x r `� a) M M w X tfl0 x x x x xx ONNOb� Myjsug x �p x x X x X x x x x x X x >PARCEL '1' X w x x co X x X X X C) 00 w x O co L1J O M W w O ° O N 'D M MIS co N �; O� x o x x x X x X x X x X X x 98,811.11 SF. x x x x X x x x x x N N x N (n CD N p� M �,-� O °� Q' x X X X X X X X X X X x X X O x X X X X X X x W I Z O W N q N D D o_ 2.268 AC. N I X o - L6 ° Z x x x x x x x x x x x x x x x x x x x x x ��X\�x L21 w X of v O O N O V Z Z x N N M Z M Z D z O le X x x x x x x x x x x x x x x x x x x x x 1N ° Z SIC WI °' � w M c W W .x x x x x x x x x x x x x x x x x x x x x !L x J x x x x Iq io I Z I W Co uj <O M- K x X x x x x x x x x X x X x X x X x x x Ln x Ix x x pC x x M 04 Z C M � o.. 0.\ O ��?� I O FORMERLY RIVER STREET CENTERLINE"" 1,089.75' / 1,089.88 R2 _ _ L27 _ 255.1 V / 254.98' R4 _ 189.87' L26 T M M M •... �. M:: X X X X X X X X X X X X X X X X X X X X M x X x oo �0 x X X 0 x �.� x x x x x x x x x x x x x x x x x Z x Z Z Z \.P�'C� x x x x x x x x x x x x x x x x Zx J oo J x •Q•GG x x x x x x x X x x v v v Q JO `av u x x x x x a X X J 30' x x ABUTTERS RIGHTS RESTRICTED x x x aaa x y �'OQ�'� ACCESS DEDICATED HEREON. 100.04' R4 680.07' / 680.00' R1:� X ��. �. / L24 30' - L17 �- 99.99' / 100.00' R3 170.02' / 170.01' R4 - 254.94' / 254.98' CALC'D R4 /= �;. 255.11' / 254.82' x x x x x 1 / ' L20 1. 94.76' / 94.84' R4 1• �/ 340.16' / I E M N45°31'26"W / N45°30'01 "W R1 / N45°31'23"W R4 1,029 92' M N44°29'44"E 9 75' 4 / - - - - - - - - H - - �� PUJOL STREET I - x x x x x x x - -�,1 / N45°31'26"W / N45°30'01"W R1/R2/R3 / N45°31'23"W R4 1,089 92 / 1 089 92 R2 / 1 089 91 R1/R3 x x X X x x x x x x SEE DETAIL 'A' HEREON `. �� x x x x x x x x BOOK T, PAGE 426 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS FEES AND SECURITIES REPORT Parcel Map 37510 Date: December 13, 2022 FAITHFUL LABOR & MATERIALS MONUMENTATION PARCEL MAP 37510 PERFORMANCE SECURITY SECURITY SECURITY Street and Storm Drain $ 1,233,000 $ 616,500 Monumentation $ 3,800 Item No. 11 ACTION MINUTES TEMECULA COMMUNITY SERVICES DISTRICT MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA NOVEMBER 29, 2022 CALL TO ORDER at 9:40 PM: Vice President Zak Schwank ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart CSD PUBLIC COMMENTS -None CSD CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (5-0): Motion by Edwards, Second by Rahn. The vote reflected unanimous approval. 10. Approve Action Minutes of November 15, 2022 Recommendation: That the Board of Directors approve the action minutes of November 15, 2022. 11. Approve Financial Statements for the 4th Quarter Ended June 30, 2022 Recommendation: That the Board of Directors receive and file the financial statements for the 4th quarter ended June 30, 2022. 12. Adopt Resolutions Regarding Annexation of Tract Map Numbers 37341-1 through 37341-10, within Sommers Bend, to Service Level B (Residential Street Lights) Rates and Charges (Located on East Side of Butterfield Stage Road and North of Long Valle) Recommendation: That the Board of Directors adopt resolutions entitled: RESOLUTION NO. CSD 2022-06 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA, DECLARING INTENTION TO ANNEX PROPERTY TO SERVICE LEVEL B RESIDENTIAL STREET LIGHTS AND TO LEVY ASSESSMENTS ON SUCH PROPERTY FOR FISCAL YEAR 2023 24, APPROVING THE ENGINEER'S REPORT, AND SETTING THE DATE, TIME AND PLACE OF A PUBLIC HEARING ON THE PROPOSED ANNEXATION AND ASSESSMENTS RESOLUTION NO. CSD 2022-07 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA, INITIATING PROCEEDINGS TO ANNEX PROPERTY TO SERVICE LEVEL B FOR FISCAL YEAR 2023-24 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 9:42 PM, the Community Services District meeting was formally adjourned to Tuesday, December 13, 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. 12 ACTION MINUTES SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA NOVEMBER 29, 2022 CALL TO ORDER at 9:42 PM: Chair Matt Rahn ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart SARDA PUBLIC COMMENTS - None SARDA CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (5-0): Motion by Edwards, Second by Schwank. The vote reflected unanimous approval. 13. Approve Financial Statements for the 4th Quarter Ended June 30, 2022 Recommendation: That the Board of Directors: 1. Receive and file the financial statements for the 4th quarter ended June 30, 2022; and 2. Approve the following Fiscal Year 2021-22 appropriations: a. SARDA Operating Transfer Out to the Affordable Housing Fund $250,000 b. SARDA Contributions to City (Las Haciendas CIP) $7,166,608 SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTOR REPORTS SARDA ADJOURNMENT At 9:43 PM, the Successor Agency to the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, December 13, 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. Matt Rahn, Chair ATTEST: Randi Johl, Secretary [SEAL] Item No. 13 THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Board of Directors FROM: Luke Watson, Deputy City Manager DATE: December 13, 2022 SUBJECT: Approve Recognized Obligation Payment Schedule and Administrative Budget for the Period of July 1, 2023 Through June 30, 2024 (ROPS 23-24) PREPARED BY: Haide Urias, Housing and Real Estate Analyst RECOMMENDATION: That the Board of Directors adopt resolutions entitled: RESOLUTION NO. SARDA A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD OF JULY 1, 2023 THROUGH JUNE 30, 2024 PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH RESOLUTION NO. SARDA A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE PROPOSED ADMINISTRATIVE BUDGET PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH BACKGROUND: Pursuant to Health and Safety Code Section 34177 and Section 34177 (o), successor agencies are required to prepare, in advance, a Recognized Obligation Payment Schedule (ROPS) that is forward looking for twelve months. The ROPS lists all of the Successor Agency's anticipated payments for enforceable obligations during the covered period. The Successor Agency is required to submit this ROPS for the period of July 1, 2023, through June 30, 2024 to the Riverside County Oversight Board for approval by January 30, 2023, and the State Department of Finance, the State Controller's Office, and the County Auditor Controller no later than February 1, 2023. Preparation of a Recognized Obligation Payment Schedule is in furtherance of allowing the Successor Agency to pay enforceable obligations of the former Redevelopment Agency. Administrative Budget The proposed administrative budget must include all the following: • Estimated amounts for Successor Agency administrative costs for the applicable six-month fiscal period • Proposed sources of payment for the administrative costs; and • Proposals for arrangements for administrative and operations services provided by the City or other entity. ABX1 26 provides that the Successor Agency may include, among others, the value of City staff, including employee benefits, necessary for the administration and operations of the Successor Agency; and the cost of other resources of the City necessary for the administration and operations of the Successor Agency, such as office space, supplies, equipment, utilities, and insurance. ABX1 26 provides for an administrative cost allowance to annually be paid to the Successor Agency of not less than $250,000 a year. However, in the event there are insufficient funds to pay the former Redevelopment Agency's enforceable obligations, some or all the administrative cost allowance will be used to pay for the enforceable obligations, and these funds will not be available for administrative expenses of the Successor Agency. The administrative cost allowance will exclude any administrative costs that can be paid from bond proceeds or from sources other than property tax. However, the use of bond proceeds to pay administrative expenses is subject to certain limitations. The Successor Agency is now required to submit each proposed administrative budget to the County Oversight Board for its approval. The Successor Agency is also required to provide administrative cost estimates from its approved administrative budget that are to be paid from property tax revenues deposited in the Redevelopment Property Tax Trust Fund, to the County Auditor -Controller for each six-month fiscal period. The attached Resolution approves the proposed administrative budget for FY 2023-24, which is attached as Exhibits A to the Resolution. Because of the County's early deadline for the approval of the proposed budget, the attached proposed budget is based upon the 2023-24 budget. FISCAL IMPACT: Adoption of the proposed resolution will enable the Successor Agency to fulfill its enforceable obligations. In accordance with Health and Safety Code Section 34173(e), the liability of the Successor Agency, acting pursuant to the powers granted under Part 1.85, shall be limited to the extent of, and payable solely from, the total sum of property tax revenues it receives pursuant to Part 1.85 and the value of assets transferred to it as a successor agency for a dissolved redevelopment agency. The debts, assets, liabilities, and obligations of the Successor Agency shall be solely the debts, assets, liabilities, and obligations of the Successor Agency and not of the City. ABX1 26 provides for an administrative cost allowance to annually be paid to the Successor Agency of not less than $250,000 a year, as outlined in the proposed 2023-24 Administrative Budget. ATTACHMENTS: 1. Resolution - ROPS 2. Exhibit A — Recognized Obligations Payment Schedule for the period of July 1, 2023 through June 30, 2024 (ROPS 23-24) 3. Resolution — Budget 4. Exhibit A — 2023-24 Successor Agency to the Redevelopment Administrative Budget RESOLUTION NO. SARDA 2022- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD OF JULY 1, 2023, THROUGH JUNE 30, 2024 PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. The Board of Directors of the Successor Agency to the Temecula Redevelopment Agency does hereby find, determine and declare that: A. The Redevelopment Agency of the City of Temecula was a redevelopment agency in the City of Temecula, duly created pursuant to the Community Redevelopment Law, Part 1, commencing with Section 33000, of Division 24 of the California Health and Safety Code (hereafter the "Temecula Redevelopment Agency"). On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1." On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. The Plan has been amended by Ordinance Nos. 94-33, 06-11 and 07- 20 adopted by the City Council. B. The City Council of the City of Temecula adopted Resolution No. 12-02 January 10, 2012, pursuant to Health and Safety Code Section 34173 and applicable law electing for the City to serve as the Successor Agency for the Temecula Redevelopment Agency upon the dissolution of the Redevelopment Agency of the City of Temecula. The City Council of the City of Temecula, acting as the Governing Body for the Successor Agency to the Temecula Redevelopment Agency, adopted Resolution No. 12-01 on February 28, 2012 declaring the Successor Agency to the Temecula Redevelopment Agency duly constituted pursuant to law and establishing rules and regulations for the operation of the Successor Agency to the Temecula Redevelopment Agency ("Successor Agency"). C. Pursuant to Health and Safety Code Section 34175(b) and the California Supreme Court's decision in California Redevelopment Association, et al. v. Ana Matosantos, et al. (53 CalAth 231(2011)), on February 1, 2012, all assets, properties, contracts, leases, books and records, buildings, and equipment of the former Temecula Redevelopment Agency transferred to the control of the Successor Agency by operation of law. D. Pursuant to Health and Safety Code Section 34177(o), the Successor Agency must prepare a Recognized Obligation Payment Schedule listing the anticipated payments for enforceable obligations to be made by the Successor Agency during the fiscal period from July 1, 2023 through June 30, 2024 (ROPS 23-24) and submit ROPS 23-24 to the Riverside County Oversight Board of the Successor Agency (the "Oversight Board") for approval. E. Accordingly, the Board desires to adopt this Resolution approving the ROPS 23- 24. Section 2. This Resolution is adopted pursuant to Health and Safety Code Section 34177. Section 3. The Board hereby approves ROPS 23-24 substantially in the form attached as Exhibit A to this Resolution and incorporated herein by reference (the "ROPS"). The Executive Director of the Successor Agency, in consultation with the Successor Agency's legal counsel, may modify the ROPS 23-24 as the Executive Director or the Successor Agency's legal counsel deems necessary or advisable. Section 4. The Board hereby designates the Finance Director as the official to whom the DOF may make requests for review in connection with the ROPS 23-24 and who shall provide the DOF with the telephone number and e-mail contact information for the purpose of communicating with the DOF. Section 5. Staff is hereby authorized and directed to post a copy of the Oversight Board -approved ROPS 23-24 on the Successor Agency's website. Section 6. The officers and staff of the Successor Agency are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution, including submitting the ROPS 23-24 to the oversight board for approval and requesting additional review by the DOF and an opportunity to meet and confer on any disputed items, and any such actions previously taken by such officers are hereby ratified and confirmed. Section 7. The Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency this 13th day of December, 2022. Matt Rahn, Chair ATTEST: Randi Johl, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, Secretary of the Successor Agency to the Temecula Redevelopment Agency, do hereby certify that the foregoing Resolution No. SARDA 2022- was duly and regularly adopted by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency at a meeting thereof held on the 13th day of December, 2022, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Randi Johl, Secretary EXHIBIT A Recognized Obligations Payment Schedule (ROPS) for the period July 1, 2023 through June 30, 2024 (ROPS 23-24) a) Redevelopment Agency Dissolution System (RAD-SA) Temecula ROPS 2023-24 Annual Home Contacts Status Instructions Reports 1* Summary Detail Cash Balances Submission Requested Funding for Obligations 23-24A Total A Obligations Funded as Follows (B+C+D) B Bond Proceeds C Reserve Balance D Other Funds E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) F RPTTF G Administrative RPTTF H Current Period Obligations (A+E) 23-24B Total ROPS Total 0 0 0 0 0 0 0 0 0 0 0 0 3,705,191 3,410,622 7,115,813 3,580,191 3,285,622 6,865,813 125,000 125,000 250,000 3,705,191 3,410,622 7,115,813 https,.//esd.dof.ca.gov/rad/#/rops/annual/summary 1 Temecula ROPS 2023-14 Annual Agreement Agreement lotal iotal Execution Termination Outstanding Requested Item # Obligation Name Obligation Type Date Date Payee Description Obligation Funding Notes US Bank as Trustee for Trustee Fees for TAB Bond 1 Trustee Admin Fees Fees 4/24/2002 6/30/2036 Bondholders Issues 3,500 3,500 2 Abbott OPA OPA/DDA/Construction 2/12/2002 2/12/2021 Abbott Vascular Property Tax Reimbursement - - Reimbursement for 3 Abbott OPA OPA/DDA/Construction 2/12/2002 2/12/2030 Abbott Vascular Development Improvements 750,000 - Loan of Low Mod to Redeve. 4 SERAF Payment Reimbursment SERAF/ERAF 5/10/2011 5/10/2025 Low -Mod Housing Fund Fund for SERAF 1,313,613 900,000 Temecula Gardens L.P Loan 5 Agreement OPA/DDA/Construction 7/1/1998 7/1/2027 Temecula Gardens L.P. Loan for Affordable Housing 1,475,000 295,000 Promenade Parking Garage Loan for Public Parking 14 OPA OPA/DDA/Construction 7/24/2007 7/29/2016 Forrest City Garage Agency Staff Compensation / 20 Agency Administration Admin Costs 7/1/2012 6/30/2016 Multiple Payees Agency Admin 250,000 250,000 Loan for acquisition of City/County Loan (Prior 06/28/11), property for public parking 21 6th Street Promissory Note Property transaction 3/12/1996 12/31/2016 City of Temecula lot US Bank as Trustee for Bonds Issues to Fund 22 Unfunded Obligations Bonds Issued On or Before 12/31/10 4/24/2002 7/28/2036 Bondholders Redevelopment Activities US Bank as Trustee for Bonds Issues to Fund 23 Unfunded Obligations Bonds Issued On or Before 12/31/10 12/1/2006 7/30/2036 Bondholders Redevelopment Activities Tax Allocation Refunding Bonds Refunding Bonds Issued After US Bank as Trustee for Bonds Issues to Fund 31 Series 2017A 6/27/12 12/14/2017 12/15/2038 Bondholders Redevelopment Activities 56,308,625 3,566,375 Tax Allocation Refunding Bonds Refunding Bonds Issued After US Bank as Trustee for Bonds Issues to Fund 32 Series 2017B 6/27/12 12/14/2017 12/15/2039 Bondholders Redevelopment Activities 36,722,8721 2,100,938 A B C D E F G H Fund Sources Bond Proceeds Reserve Balance Other Funds RPTTF ROPS 22-23 Cash Balances Prior ROPS RPTTF (7/1/20 - 6/30/21) Bonds Issued on and Reserve Comments Bonds issued on or Rent, grants, Non-Admin and or before Balances retained after 01/01/11 interest, etc. Admin 12/31/10 forfuture period(s) Beginning Available Cash Balance (Actual 7/1/20) RPTTF amount should exclude "A" period distribution 1 amount. 0 13,135,054 0 0 (866,289) Revenue/Income (Actual 6/30/21) RPTTF amount should tie to the ROPS 19-20 total 2 distribution from the County Auditor -Controller 4,836 2,954 5,390,713 Expenditures for ROPS 19-20 Enforceable Obligations 3 (Actua16/30/21) 0 2,954 6,135,433 Retention of Available Cash Balance (Actual 6/30/21) RPTTF amount retained should only include the amounts 4 distributed as reserve for future period(s) 0 ROPS 20-21 RPTTF Prior Period Adjustment RPTTF amount should tie to the Agency's ROPS 20-21 PPA No entry required 5 Form submitted to the CAC 20,095 Ending Actual Available Cash Balance (6/30/21) 6 C to F = (1+2-3-4), G = (1+2-3-4-5) $0 $13,139,890 $0 $0 ($1,631,104) RESOLUTION NO. SARDA 2022- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE PROPOSED ADMINISTRATIVE BUDGET PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Board of Directors of the Successor Agency to the Temecula Redevelopment Agency does hereby find, determine and declare that: A. Pursuant to Part 1.85 of the Community Redevelopment Law (commencing with Health and Safety Code Section 34170) ("Part 1.85"), the Successor Agency to the Temecula Redevelopment Agency ("Successor Agency") is required to undertake a number of actions related to winding down the affairs of the former Redevelopment Agency pursuant to Health and Safety Code Section 34177(h). B. In connection with the administration and operations of the Successor Agency, the Successor Agency is and will be utilizing the staff, facilities, and other resources of the City. The City Manager of the City serves as Executive Director of the Successor Agency, the Temecula Director of Finance serves as Finance Officer of the Successor Agency, and the City Clerk serves as Secretary to the Successor Agency. Planning, Finance, Engineering, Public Works, and other City departments devote and are expected to devote substantial time with respect to the administration and operations of the Successor Agency, including gathering information relating to the Redevelopment Agency's enforceable obligations, conferring with public officials representing governmental agencies, and undertaking other activities in connection with administration and operations of the Successor Agency. C. By providing and making available to the Successor Agency the staff, facilities, services, and other resources of the City, including, without limitation, consultants, legal counsel, office space, equipment, supplies, and insurance, necessary to the administration and operations of the Successor Agency, the City has advanced and will continue to advance the cost of the foregoing to the Successor Agency. The City and the Successor Agency desire to enter into an agreement to provide for an appropriate method of reimbursement of such advances by the Successor Agency to the City. D. Pursuant to Health and Safety Code Section 34171(d)(1)(F), contracts or agreements necessary for the administration or operation of the Successor Agency are enforceable obligations and pursuant to Health and Safety Code Sections 34178(a) and 34180(h), the Successor Agency may enter into agreements with the City with the approval of the oversight board for the Successor Agency (the "Oversight Board"). E. Pursuant to Health and Safety Code Section 341770), the Successor Agency is required to prepare a proposed administrative budget for each six-month fiscal period and submit each proposed administrative budget to the Oversight Board for its approval. Each proposed administrative budget shall include all of the following: (1) Estimated amounts for Successor Agency administrative costs for the applicable six-month fiscal period; (2) Proposed sources of payment for the costs identified in (1); and (3) Proposals for arrangements for administrative and operations services provided by the City or another entity. F. Pursuant to Health and Safety Code Section 34177(k), the Successor Agency is required to provide administrative cost estimates, from its approved administrative budget that are to be paid from property tax revenues deposited in the Redevelopment Property Tax Trust Fund, to the County Auditor -Controller for each applicable six-month fiscal period. Section 2. This Resolution is adopted pursuant to the provisions of Part 1.85. Section 3. The Board hereby approves the administrative budget for the twelve- month fiscal period commencing July 1, 2023 and ending June 30, 2024, attached hereto as Exhibit A and incorporated herein by reference. Section 4. The officers and staff of the Successor Agency are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution, and any such actions previously taken by such officers and staff are hereby ratified and confirmed. Section 5. The Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency this 13th day of December, 2022. Matt Rahn, Chair ATTEST: Randi Johl, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, Secretary of the Successor Agency to the Temecula Redevelopment Agency, do hereby certify that the foregoing Resolution No. SARDA 2022- was duly and regularly adopted by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency at a meeting thereof held on the 131h day of December, 2022, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: FEW 0-33 :1► :•GC- a U: :_ ABSENT: BOARD MEMBERS: Randi Johl, Secretary 3 Exhibit A Successor Agency to the Temecula Redevelopment Agency FY 2022-23 Administrative Budget Successor to the Redevelopment Agency Fiscal Year 2023-24 Proposed Administrative Budget The Heart of Southern California Wine Country Tota I Administrative Other FY2023-24 Portion Sources Budget AFFORDABLE HOUSING FUND 165 165.199.999.5100 SALARIES & WAGES 65,248 90,037 155,285 165.199.999.5101 DEFERRED COMPENSATION 2,261 3,120 5,381 165.199.999.5102 P.E.R.S. RETIREMENT 19,970 27,557 47,527 165.199.999.5103 CAL CASH OUT 2,766 3,816 6,582 165.199.999.5104 MEDICARE 1,027 1,417 2,443 165.199.999.5105 BENEFITS FLEX- CASH BACK 0 0 - 165.199.999.5106 AUTO ALLOWANCE 529 731 1,260 165.199.999.5108 VOL LIFE INSURANCE 40 55 94 165.199.999.5109 UNEMPLOYMENT TRAINING TAX 73 101 175 165.199.999.5110 DISABILITY INSURANCE 0 0 - 165.199.999.5111 CAFETERIA BENEFIT 9,053 12,493 21,546 165.199.999.5112 WORKERS' COMP 1,278 1,764 3,042 165.199.999.5113 HEALTH INSURANCE 0 0 - 165.199.999.5114 DENTAL INSURANCE 0 0 165.199.999.5115 MEDICAL REIMBURSMENT 0 0 165.199.999.5116 VISION INSURANCE 0 0 - 165.199.999.5121 OVERTIME WAGES 698 963 1,660 SALARIES & BENEFITS Total 102,942 142,053 244,995 165.199.999.5230 POSTAGE & PACKAGING 243 336 579 165.199.999.5246 LEGAL SERVICES - GENERAL 45,290 62,497 107,787 165.199.999.5248 CONSULTING SERVICES 13,236 18,264 31,500 165.199.999.5250 OTHER OUTSIDE SERVICES 71,489 98,649 170,137 165.199.999.5262 MILEAGE 122 168 290 OPERATIONS & MAINTENANCE Total 130,380 179,914 310,294 165.199.999.5530 INSURANCE 3,383 4,668 8,051 165.199.999.5540 INFORMATION TECHNOLOGY 8,148 11,244 19,392 165.199.999.5545 SUPPORT SERVICES 161 222 382 165.199.999.5550 FACILITIES 4,986 6,880 11,866 INTERNAL SERVICE FUND ALLOCATIONS Total 16,678 23,014 39,692 DEPARTMENTAL Total 250,000 344,981 594,981 Item No. 14 CITY OF TEMECULA/TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: FROM: DATE: City Manager/Executive Director/City Council/Board of Directors Jennifer Hennessy, Director of Finance/Treasurer December 13, 2022 SUBJECT: Approve the Debt/Liability Paydown Strategy (At the Request of Subcommittee Members Mayor Rahn and Council Member Edwards) PREPARED BY: Jennifer Hennessy, Director of Finance/Treasurer RECOMMENDATION: That the City Council/Board of Directors: 1. Adopt the Amended Budget and Fiscal Policies to include the Debt/Liability Paydown Strategy Policy; and 2. Adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE PREPAYMENT OF FINANCING LEASE AGREEMENTS ENTERED INTO BY THE CITY OF TEMECULA IN 2011 AND 2018 RELATING TO THE FINANCING AND REFINANCING OF CAPITAL PROJECTS FOR THE CITY AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO 3. Adopt a resolution entitled: RESOLUTION TPFA NO. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY APPROVING THE PREPAYMENT OF FINANCING LEASE AGREEMENTS ENTERED INTO BY THE CITY OF TEMECULA IN 2011 AND 2018 RELATING TO THE FINANCING AND REFINANCING OF CAPITAL PROJECTS FOR THE CITY AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO 4. Adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING THE TRANSFER OF $5,000,000 FROM THE CITY'S PENSION RATE STABILIZATION TRUST TO MAKE AN ADDITIONAL DISCRETIONARY PAYMENT TO CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM 5. Appropriate $19,913,606 in Available General Fund Balance to pay off the Civic Center Loan ($12,624,607), the Margarita Recreation Center Loan ($5,038,999) and pay an Additional Discretionary Payment to Ca1PERS for the City's Unfunded Liability ($2,250,000); and 6. Appropriate $5,000,000 in Available Pension Trust Funds to pay an Additional Discretionary Payment to Ca1PERS for the City's Unfunded Liability. BACKGROUND: At their meeting on November 29, 2022, the Council conceptually approved a Debt/Liability Paydown Strategy presented by Staff. The Strategy provides for a 7- year paydown schedule for the City's outstanding facility debt, the unfunded pension liability, and the unfunded Other Post -Employment Benefits (OPEB) liability. The Paydown Strategy consists of a 15-year Financial Plan and includes the use of Available General Fund Balance and available resources in the IRC Section 115 Irrevocable Pension Trust to pay off the City's outstanding debt/liabilities in accordance with the table below. Year # Fiscal Year WFunding Sources 11 Pension Available Trust Fund Balance or OPEB Liability Payoff Schedule Pension Civic Center Liability Loan MRC Loan 1 2022-23 5,000,000 19,913,606 7,250,000 12,624,607 5,038,999 2 2023-24 5,000,000 10,982,828 5,361,000 10,538,003 3 2024-25 5,000,000 3,223,220 8,234,950 4 2025-26 2,000,000 5,498,008 6,819,012 5 2026-27 2,680,009 2,178,158 6 2027-28 10,788,263 10,204,668 7 2028-29 8,330,579 72430,035 __ 8 2029-30 9 2030-31 10 2031-32 17,000,000 61,416,513 5,361,000 52,654,826 12,624,607 5,038,999 Total Interest Savings ' n a 30,756,231 2,187,894 1,036,267 Facility Loans - In 2011, the City, together with the Temecula Public Financing Authority (the "Authority"), entered into a lease transaction to refund (a) certificates of participation delivered in 2001 to finance and refinance the construction of various community recreation facilities, and (b) certificates of participation delivered in 2008 to finance the construction of the Temecula Civic Center (the "2011 Lease Financing"). In 2018, the City, together with the Authority, entered into a lease transaction to finance the construction and equipping of a new recreation center in Margarita Park in place of the former YMCA including the demolition of the existing building and pool and construction and equipping of a new building and pool (the "2018 Lease Financing"). In connection with the 2011 Lease Financing, the City entered into a financing lease agreement which requires the City to make semi-annual lease payments (which include a principal component and an interest component) from its general fund (the "2011 Lease Agreement") and in connection with the 2018 Lease Financing, the City entered into a financing lease agreement which requires the City to make semi-annual lease payments (which include a principal component and an interest component) from its general fund (the "2018 Lease Agreement"). The lease payments made by the City under the 2011 Lease Agreement were assigned to the Bank which, in exchange for such assignment, advanced funds to the City to refund the 2001 certificates of participation and the 2008 certificates of participation. The lease payments made by the City under the 2018 Lease Agreement were also assigned to the Bank which, in exchange for such assignment, advanced funds to the City to finance the construction and equipping of a new recreation center in Margarita Park in place of the former YMCA including the demolition of the existing building and pool and construction and equipping of a new building and pool. The remaining principal amount of the 2011 Lease Agreement is $12,482,000 and the remaining principal amount of the 2018 Lease Agreement is $4,982,079. The current terms of the 2011 Lease Agreement preclude the option by the City to prepay the agreement until December 1, 2026, and the current terms of the 2018 Lease Agreement preclude the option by the City to prepay the agreement until September 1, 2028. The City desires to prepay the 2011 Lease Agreement and the 2018 Lease Agreement in advance of the stated prepayment dates and has requested that the Bank waive the stated prepayment dates and permit the immediate prepayment of the 2011 Lease Agreement and the 2018 Lease Agreement. The Bank has agreed to waive the stated prepayment dates and permits the immediate prepayment of the 2011 Lease Agreement and the 2018 Lease Agreement at the current remaining principal amount thereof in exchange for the payment of a release fee equal to 1% of the principal amount of each agreement plus accrued interest from the last interest payments made by the City. The prepayment amount for the 2011 Lease Agreement, assuming prepayment on December 15, 2022, is $12,624,606.85 (remaining principal amount of $12,482,000.00, plus a 1% release fee of $124,820.00, and accrued interest from December 1, 2022 of $17,786.85). The prepayment amount for the 2018 Lease Agreement, assuming prepayment on December 15, 2022, is $5,038,999.25 (remaining principal amount of $4,982,079.00, plus a 1% release fee of $49,820.79, and accrued interest from December 1, 2022 of $7,099.46). Adoption of the resolution will authorize the prepayment of the 2011 Lease Agreement and the 2018 Lease Agreement. OPEB Liability - The Other Post -Employment Benefits (OPEB) unfunded liability relates to the retiree health benefit provided to eligible City employees. The City established an OPEB Trust in 2008 with the California Employers' Retiree Benefit Trust (CERBT), a division of CalPERS. The Trust was established primarily to fund the cost of the retiree health benefit afforded to eligible City employees hired prior to 6/30/05 with 12 or more years of service. Additionally, the OPEB Trust pays for the annual service fees for CalPERS Health and the ongoing implied subsidy, required by the Governmental Accounting Standards Board (GASB). Effective June 30, 2022, the Total OPEB Liability is $20.6M, with total Trust balance of $16.6M, leaving an unfunded liability of $4.OM. However, the investment losses experienced during Fiscal Year 20-21-22 are not reflected in these amounts. Once the losses are reflected, the estimated unfunded liability is $5,361,000 as of 6/30/22. The annual contribution to the OPEB Trust is approximately $645,000. Pension Liability - The City's pension program is funded through CalPERS, and has an unfunded liability of $46,364,142, as of 6/30/20. The annual payment required for the unfunded liability ranges between $4-5 million and is scheduled to be paid off in 25 years. The unfunded liability consists of 29 separate "amortization bases," which reflect historical gains and losses from CalPERS' actuarial projections. Each year, CalPERS revalues the City's pension plan and determines the annual contribution necessary to fund the plan and paydown a portion of the unfunded liability. Each new amortization base is spread over a 30-year time horizon for gains and a 20-year time horizon for losses, per CalPERS policy. CalPERS allows agencies to make "Additional Discretionary Payments" (ADPs) to reduce the unfunded liability quicker by paying it off earlier and save interest costs (similar to paying off a mortgage early). With the excess Fund Balance and through the establishment of the Pension Trust, the City has built up adequate reserves to fund ADPs and reduce the City's unfunded liabilities, saving between $905k in Year 2 up to $5.6M in Year 8, plus over $30 million in interest. Finance Staff will work with the City's designated CalPERS actuary to choose the ADPs that will maximize the annual savings and achieve a timely payoff of the unfunded liability. As the economy changes over time, it will be necessary to reevaluate the 15-Year Financial Plan that serves as the basis for the Debt/Liability Paydown Strategy. Attached as Exhibit A is an Amendment to the City's Budget and Fiscal Policies, to include the guidelines for reevaluating the Debt/Liability Paydown Strategy to ensure that the City's debt/liabilities are paid off in the target 7-year timeframe and that the 15-Year Financial Plan maintains a minimum of $4 million in Available Fund Balance throughout the life of the Paydown Strategy. FISCAL IMPACT: With the appropriation of $19,913,606 in Available General Fund Balance, plus $5,000,000 from the IRC Section 115 Irrevocable Pension Trust, the City will pay off the Civic Center Loan, the Margarita Recreation Center Loan and a portion of the CalPERS pension unfunded liability, which will generate in excess of $3 million in total interest savings, plus $3 million in operating budget savings per year. ATTACHMENTS: 1. FY 2022-23 Budget and Fiscal Policy Amendment 2. City Resolution — Facility Debt Payoff 3. TPFA Resolution — Facility Debt Payoff 4. City Resolution — PARS Trust Withdrawal A Alk Q The Heart of Southern California Wine Country BUDGET AND FISCAL POLICIES XIV. DEBT/LIABILITY PAYDOWN STRATEGY POLICY City of Temecula Fiscal Year 2022-23 Annual Operating Budget At their meeting December 13, 2022, the Council adopted the City's Debt/Liability Paydown Strategy, which provides for a 7-year paydown schedule for the City's outstanding facility debt, the unfunded pension liability and the unfunded Other Post - Employment Benefits (OPEB) liability. As the economic conditions change, it will be necessary to reevaluate the Paydown Strategy to ensure adequate funding exists to maintain the paydown schedule and reach the goal of a 7-year paydown. The Paydown Strategy consists of a 15-year Financial Plan and includes the use of Available General Fund Balance and available resources in the IRC Section 115 Irrevocable Pension Trust to pay off the City's outstanding debt/liabilities in accordance with the table below: Funding sources Payoff schedule Pension Available OPEB Pension Civic Center MRC Year#! Fiscal Year Trust Fund Balance Liability Liability Loan Loan 1 2022-23 5,000,000 19,913,606 7,250,000 12,624,607 5,038,999 2 2023-24 5,000,000 10,982,828 5,361,000 10,538,003 3 2024-25 5,000,000 3,223,220 8,234,950 4 2025-26 2,000,000 5,498,008 1 6,819,012 5 2026-27 2,680,009 2,178,158 6 2027-28 10,788,263 10,204,668 7 2028-29 8,330,579 72430,035 8 2029-30 9 2030-31 10 2031-32 17,000,000 61,416,513 5,361,000 52,654,826 12,624,607 5,038,999 Total Interest savings n/a 30,756,231 2,187,894 1,036,267 The OPEB and Pension liability amounts were determined as of June 30, 2020 valuation reports and are subject to change as CalPERS investment returns fluctuate each year. Annual Budgetary Savings generated by the payoff of a specific debt/liability is redirected back into Available Fund Balance and applied to the payoff of future unfunded liabilities until all obligations are paid off. The CalPERS Pension Unfunded Liability will be considered "paid off" when the City Pension Plan's Funded Status, as defined by CaIPERS, is equal to or greater than 100%. To achieve this Funded Status within the 7-year target, annual Additional Discretionary Payments (ADPs) will be made directly to CaIPERS, as noted in the above schedule. Any deviations from the Paydown Strategy's 15-Year Financial Plan that trigger less than $4 million in Available Fund Balance in any year of the forecast is cause for reevaluating the paydown timeline. Economic impacts that could trigger the reevaluation include: Annual Operating Budget Alk Q The Heart of Southern California Wine Country BUDGET AND FISCAL POLICIES City of Temecula Fiscal Year 2022-23 Annual Operating Budget (1) Economic conditions, including recession or potential recession, (2) Decrease in General Fund revenue, (3) Increase in General Fund expenditures, (4) Declining interest earnings in CalPERS' Public Employees' Retirement Fund (PERF) portfolio, (5) Declining investment earnings in the City's IRC Section 115 Irrevocable Pension Trust Each year, as part of the Annual Operating Budget process and the Mid -Year Budget process, the 15-Year Financial Plan shall be updated and reevaluated to ensure adequate Available General Fund Balance and Pension Trust balances exist to make the Pension Liability payments, or ADPs, as outlined in the table above. If the funding sources are not adequate to maintain Available Fund Balance in excess of $4 million each year of the forecast, an alternative paydown schedule shall be presented for City Council consideration. An Operating Budget Surplus is defined as the excess amount over the budgeted Revenue over Expenditures calculation. In the event of any remaining Operating Budget Surplus after contributions are made to the City's IRC Section 115 Irrevocable Pension Trust in accordance with Budget Policy XI, additional ADPs may be made from the remaining surplus, up to $2 million per fiscal year. Additional ADPs may be programmed through the Annual Operating Budget process each year, as approved by Council. Annual Operating Budget RESOLUTION NO.2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE PREPAYMENT OF FINANCING LEASE AGREEMENTS ENTERED INTO BY THE CITY OF TEMECULA IN 2011 AND 2018 RELATING TO THE FINANCING AND REFINANCING OF CAPITAL PROJECTS FOR THE CITY AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO RESOLVED, by the City Council (the "City Council") of the City of Temecula (the "City"), as follows: WHEREAS, in 2011, the City, together with the Temecula Public Financing Authority (the "Authority"), entered into a lease transaction to refund (a) certificates of participation delivered in 2001 to finance and refinance the construction of various community recreation facilities, and (b) certificates of participation delivered in 2008 to finance the construction of the Temecula Civic Center (the "2011 Lease Financing"); WHEREAS, in 2018, the City, together with the Authority, entered into a lease transaction to finance the construction and equipping of a new recreation center in Margarita Park in place of the former YMCA including the demolition of the existing building and pool and construction and equipping of a new building and pool (the "2018 Lease Financing"); WHEREAS, in connection with the 2011 Lease Financing, the City entered into a financing lease agreement which requires the City to make semi-annual lease payments (which include a principal component and an interest component) from its general fund (the "2011 Lease Agreement") and in connection with the 2018 Lease Financing, the City entered into a financing lease agreement which requires the City to make semi-annual lease payments (which include a principal component and an interest component) from its general fund (the "2018 Lease Agreement"); WHEREAS, the lease payments made by the City under the 2011 Lease Agreement were assigned to Compass Mortgage Corporation, since succeeded by PNC Bank, National Association (the `Bank"), which, in exchange for such assignment, advanced funds to the City to refund the 2001 certificates of participation and the 2008 certificates of participation; WHEREAS, the lease payments made by the City under the 2018 Lease Agreement were also assigned to the Bank which, in exchange for such assignment, advanced funds to the City to finance the construction and equipping of a new recreation center in Margarita Park in place of the former YMCA including the demolition of the existing building and pool and construction and equipping of a new building and pool; WHEREAS, the remaining principal amount of the 2011 Lease Agreement is $12,482,000 and the remaining principal amount of the 2018 Lease Agreement is $4,982,079; WHEREAS, the current terms of the 2011 Lease Agreement preclude the option by the City to prepay the agreement until December 1, 2026, and the current terms of the 2018 Lease Agreement preclude the option by the City to prepay the agreement until September 1, 2028; WHEREAS, the City desires to prepay the 2011 Lease Agreement and the 2018 Lease Agreement in advance of the stated prepayment dates and has requested that the Bank waive the stated prepayment dates and permit the immediate prepayment of the 2011 Lease Agreement and the 2018 Lease Agreement; WHEREAS, the Bank has agreed to waive the stated prepayment dates and to permit the immediate prepayment of the 2011 Lease Agreement and the 2018 Lease Agreement at the current remaining principal amount thereof in exchange for the payment of a release fee equal to 1 % of the principal amount of each agreement plus accrued interest from the last interest payments made by the City; WHEREAS, the prepayment amount for the 2011 Lease Agreement, assuming prepayment on December 15, 2022, is $12,624,606.85 (remaining principal amount of $12,482,000.00, plus a 1 % release fee of $124,820.00, and accrued interest from December 1, 2022 of $17,786.85); and WHEREAS, the prepayment amount for the 2018 Lease Agreement, assuming prepayment on December 15, 2022, is $5,038,999.25 (remaining principal amount of $4,982,079.00, plus a 1% release fee of $49,820.79, and accrued interest from December 1, 2022 of $7,099.46); NOW, THEREFORE, it is hereby DECLARED and ORDERED, as follows: Section 1. The City Council hereby authorizes the prepayment by the City of the 2011 Lease Agreement in the total amount of $12,624,606.85 and approves the prepayment by the City of the 2018 Lease Agreement in the total amount of $5,038,999.25. Section 2. The Mayor or the City Manager is hereby authorized and directed to execute any and all documents required to properly consummate the prepayment of the 2011 Lease Agreement and the 2018 Lease Agreement including, but not limited to, and documents required to terminate the encumbrances on the real estate of the City that was employed in connection with the 2011 Lease Financing and the 2018 Lease Financing and any and such other agreements, documents and certificates and to take such other actions as may be necessary to effect the purposes of this resolution. Section 3. This resolution shall take effect upon its adoption by the City Council. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula 2 this 131h day of December, 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 13th day of December, 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk RESOLUTION NO. TPFA 2022- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY APPROVING THE PREPAYMENT OF FINANCING LEASE AGREEMENTS ENTERED INTO BY THE CITY OF TEMECULA IN 2011 AND 2018 RELATING TO THE FINANCING AND REFINANCING OF CAPITAL PROJECTS FOR THE CITY AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO RESOLVED, by the Board of Directors (the "Board") of the Temecula Public Financing Authority (the "Authority"), as follows: WHEREAS, in 2011, the City of Temecula (the "City"), together with the Authority, entered into a lease transaction to refund (a) certificates of participation delivered in 2001 to finance and refinance the construction of various community recreation facilities, and (b) certificates of participation delivered in 2008 to finance the construction of the Temecula Civic Center (the "2011 Lease Financing"); WHEREAS, in 2018, the City, together with the Authority, entered into a lease transaction to finance the construction and equipping of a new recreation center in Margarita Park in place of the former YMCA including the demolition of the existing building and pool and construction and equipping of a new building and pool (the "2018 Lease Financing"); WHEREAS, in connection with the 2011 Lease Financing, the City entered into a financing lease agreement which requires the City to make semi-annual lease payments (which include a principal component and an interest component) from its general fund (the "2011 Lease Agreement") and in connection with the 2018 Lease Financing, the City entered into a financing lease agreement which requires the City to make semi-annual lease payments (which include a principal component and an interest component) from its general fund (the "2018 Lease Agreement"); WHEREAS, the lease payments made by the City under the 2011 Lease Agreement were assigned to Compass Mortgage Corporation, since succeeded by PNC Bank, National Association (the "Bank"), which, in exchange for such assignment, advanced funds to the City to refund the 2001 certificates of participation and the 2008 certificates of participation; WHEREAS, the lease payments made by the City under the 2018 Lease Agreement were also assigned to the Bank which, in exchange for such assignment, advanced funds to the City to finance the construction and equipping of a new recreation center in Margarita Park in place of the former YMCA including the demolition of the existing building and pool and construction and equipping of a new building and pool; WHEREAS, the remaining principal amount of the 2011 Lease Agreement is $12,482,000 and the remaining principal amount of the 2018 Lease Agreement is $4,982,079; WHEREAS, the current terms of the 2011 Lease Agreement preclude the option by the City to prepay the agreement until December 1, 2026, and the current terms of the 2018 Lease Agreement preclude the option by the City to prepay the agreement until September 1, 2028; WHEREAS, the City desires to prepay the 2011 Lease Agreement and the 2018 Lease Agreement in advance of the stated prepayment dates and has requested that the Bank waive the stated prepayment dates and permit the immediate prepayment of the 2011 Lease Agreement and the 2018 Lease Agreement; WHEREAS, the Bank has agreed to waive the stated prepayment dates and to permit the immediate prepayment of the 2011 Lease Agreement and the 2018 Lease Agreement at the current remaining principal amount thereof in exchange for the payment of a release fee equal to 1 % of the principal amount of each agreement plus accrued interest from the last interest payments made by the City; WHEREAS, the prepayment amount for the 2011 Lease Agreement, assuming prepayment on December 15, 2022, is $12,624,606.85 (remaining principal amount of $12,482,000.00, plus a 1 % release fee of $124,820.00, and accrued interest from December 1, 2022 of $17,786.85); and WHEREAS, the prepayment amount for the 2018 Lease Agreement, assuming prepayment on December 15, 2022, is $5,038,999.25 (remaining principal amount of $4,982,079.00, plus a 1% release fee of $49,820.79, and accrued interest from December 1, 2022 of $7,099.46); NOW, THEREFORE, it is hereby DECLARED and ORDERED, as follows: Section 1. The Board hereby approves the prepayment by the City of the 2011 Lease Agreement in the total amount of $12,624,606.85 and approves the prepayment by the City of the 2018 Lease Agreement in the total amount of $5,038,999.25. Section 2. The Chair of the Board or the Executive Director is hereby authorized and directed to execute any and all documents required to properly consummate the prepayment of the 2011 Lease Agreement and the 2018 Lease Agreement including, but not limited to, and documents required to terminate the encumbrances on the real estate of the City that was employed in connection with the 2011 Lease Financing and the 2018 Lease Financing and any and such other agreements, documents and certificates and to take such other actions as may be necessary to effect the purposes of this resolution. Section 3. This resolution shall take effect upon its adoption by the Board. N PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 13th day of December, 2022. Matt Rahn, Chair ATTEST: Randi Johl, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 2022- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 13th day of December, 2022, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: I_ : W: I :T97_11 to] 07L1aL10.1a C� ABSENT: BOARD MEMBERS: Randi Johl, Secretary RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING THE TRANSFER OF $5,000,000 FROM THE CITY'S PENSION RATE STABILIZATION TRUST TO MAKE AN ADDITIONAL DISCRETIONARY PAYMENT TO CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council does hereby find, determine and declare that: A. According to actuarial valuations provided by California Public Employees' Retirement System (Ca1PERS) dated June 30, 2020, the City has an Unfunded Actuarial Liability (UAL) with Ca1PERS of $46,364,142. B. At its February 27, 2018 meeting, the City Council approved the Fiscal Year 2017-18 Mid -Year Budget, including the addition of Budget and Fiscal Policy XII. Pension Rate Stabilization Policy that outlined the establishment of an Internal Revenue Code (IRC) Section 115 Irrevocable Trust and approved an appropriation of $8 million in seed funding to be set aside into the Trust in Fiscal Year 2017-18, once the Trust was established. C. The City Council authorized the formation of the Trust with Public Agency Retirement Services (PARS) on May 22, 2018 and has intentionally funded the Trust with a total of $15,404,941 on five separate occasions since the Trust was established. In addition, the Trust has earned significant interest earnings over time. D. The City Council desires to reduce the City's UAL and increase the funded status of the City's pension plan with Ca1PERS, thereby saving approximately $30 million of interest over the next 25 years. to: Section 2. The City Council does hereby approve and direct the City Manager and staff Make a one-time transfer of $5,000,000 from the Trust to Ca1PERS; and 2. Make the necessary adjustments to the budget to reflect the one-time transfer directed herein. Section 3. The City Clerk shall certify adoption of the resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of December, 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 13th day of December, 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Item No. 15 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Deputy City Manger DATE: December 13, 2022 SUBJECT: Approve Second Amendment to the Development Agreement By and Between the City of Temecula and Lennar Homes, Inc., a California Corporation and Winchester Hills I LLC, a California Limited Liability Company (Planning Application No. PA21-0128) PREPARED BY: Scott Cooper, Senior Planner RECOMMENDATION: That the City Council conduct a public hearing and approve a second amendment to the development agreement by and between the City of Temecula and Lennar Homes, Inc., a California Corporation and Winchester Hills I LLC, a California Limited Liability Company (Planning Application No. PA21-0128) and introduce and read by title only an ordinance entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND LENNAR HOMES, INC., A CALIFORNIA CORPORATION AND WINCHESTER HILLS I LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PLANNING APPLICATION NO. PA21-0128) SUMMARY OF ORDINANCE: An Ordinance for a Second Amendment to the Development Agreement by and between the City of Temecula and Lennar Homes, Inc., a California Corporation and Winchester Hills I LLC, a California Limited Liability Company. BACKGROUND: On August 28, 2001 the City Council of the City of Temecula approved an agreement entitled "Development Agreement By And Between The City Of Temecula And Lennar Homes, Inc., A California Corporation And Winchester Hills I LLC, A California Limited Liability Company" by the adoption of Ordinance No. 01-08 (the "Development Agreement"). The Development Agreement was recorded on January 16, 2002, as Document No. 2002-026470 in the Official Records of the County of Riverside. The City Council of the City of Temecula approved that certain agreement entitled "First Amendment to Development Agreement By And Between The City Of Temecula And Lennar Homes, Inc., A California Corporation And Winchester Hills I LLC, A California Limited Liability Company" by the adoption of Ordinance No. 07-14 ("First Amendment"). The First Amendment was recorded on October 2, 2015 as Document No. 2015-0437479 in the Official Records of the County of Riverside. The First Amendment extended the term of the Development Agreement. On January 26, 2021, the applicant, Winchester Hills I LLC, a California Limited Liability Company, submitted a proposed Second Amendment to the Development Agreement to rescind the First Amendment to the Development Agreement and reinstate the original term of the Development Agreement for the Winchester Property located within portions of Planning Area 12 of the Harveston Specific Plan. Development Agreement Amendment The property which is subject to the Development Agreement and the First Amendment is comprised of two components. The first is the Lennar Property which has been developed consistent with the Development Agreement. The second is the former Winchester Hills I LLC property which is located within portions of Planning Area 12 of the Harveston Specific Plan and most recently had the Residential Overlay approved on the property. Since the time of the First Amendment, Winchester Hills I LLC has since sold the property to Meritage Homes of California, Inc., Hoehn Enterprise 5 Temecula LLC, Solana Winchester LLC, Lantern Crest at Temecula, LLC, and Advantaged Asset Acquisitions 1, LLC, who are all signees of the Second Amendment. Winchester Hills I LLC, also sold a portion of the property to CRP/AHV Prado Owner, LLC who is not a signee on the Second Amendment. The applicant has requested to repeal the First Amendment which extended the term of the Development Agreement and reinstate the original term of the Development Agreement for the Winchester Hills I LLC property. The Second Amendment rescinds the extension of the term of the Development Agreement, but does not make any other revisions to the Development Agreement with respect to the development of property. The original terms of the of the Development Agreement excluded or exempted the property owner/developer from paying Transportation Uniform Mitigation Fee (TUMF) and Multiple Species Habitation Conservation Plan (MSHCP) fees. Once the original Development Agreement was amended, WRCOG took the position that the property owner/developer was no longer exempt from payment of TUMF fees. RCA took a similar position with resepct to MSHCP fees. The Second Amendment reinstates the original term of the Development Agreement and allows the property owner/developer to seek concurrence from WRCOG and RCA that the property owner/developer is exempt from the payment of TUMF and MSHCP fees. Planning Commission Recommendation Staff presented the project to the Planning Commission on November 16, 2022. The Planning Commission recommended that the City Council approve the ordinance and make a finding of exemption. There was one public speaker who did not express opposition to the amendment but discussed concerns regarding the construction of the Heirloom Farms project within the amendment area. FISCAL IMPACT: The Ordinance which approves a Second Amendment to the Development Agreement has no fiscal impact on the City of Temecula. ENVIRONMENTAL: The proposed Ordinance, which approves a Second Amendment to the Development Agreement, is exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of the proposed Ordinance may have a significant effect on the environment. The adoption of the proposed Ordinance will repeal the First Amendment which extended the term of the Development Agreement. As the term of the Development Agreement is being shortened by the adoption of the Ordinance, this is covered by the common sense exemption under CEQA. ATTACHMENTS: 1. Aerial Map 2. Ordinance — Second Amendment to the Development Agreement 3. Exhibit A — Second Amendment to the Development Agreement 4. Planning Commission Resolution No. 2022-35 Recommending approval of the Second Amendment to the Development Agreement 5. Notice of Exemption 6. Notice of Public Hearing CITY OF TEMECULA PA21-0128 7+J k ! ff f ... a � Y tat 1 inch = 500 feet 1:6,000 0 200 400 Feet The Heart of Southern California Date Created: 10/1112022 Wine Country The map PA21-1028.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 map. This map is not for reprint or resale. Visit the City of Temecula GIS online at https://temeculaca.gov/gis ORDINANCE NO.2022- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND LENNAR HOMES, INC., A CALIFORNIA CORPORATION AND WINCHESTER HILLS I LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PLANNING APPLICATION NO. PA21-0128) 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. The City of Temecula ("City"), a general law City in the State of California, Lennar Homes, Inc., a California Corporation and Winchester Hills ILLC, a California limited liablity company ("Winchester"), entered into an agreement entitled "Development Agreement By And Between The City Of Temecula And Lennar Homes, Inc., A California Corporation And Winchester Hills I LLC, A California Limited Liability Company" by the adoption of Ordinance No. 01-08 (the "Development Agreement"). The Development Agreement was recorded on January 16, 2002 as Document No. 2002-026470 in the Official Records of the County of Riverside.. B. On October 23, 2007, the City Council of the City of Temecula approved that certain agreement entitled "First Amendment to Development Agreement By And Between The City Of Temecula And Lennar Homes, Inc., A California Corporation And Winchester Hills I LLC, A California Limited Liability Company" by the adoption of Ordinance No. 07-14 ("First Amendment"). The First Amendment was recorded on October 2, 2015 as Document No. 2015- 0437479 in the Official Records of the County of Riverside. The First Amendment extended the term of the Development Agreement. C. The real property which is subject to the Development Agreement and the First Amendment is comprised of two components. The first is the Lennar Property described in the Development Agreement ("Lennar Property"). The second is the Winchester Hills I LLC Property ("Winchester Property"). D. The Lennar Property has been developed consistent with the Development Agreement and the term of the Development Agreement as it pertains to the Lennar property has expired. E. On January 26, 2021 the applicant, Winchester Hills I LLC, a California Limited Liability Company, filed Planning Application No. 21-0128, a proposed Second Amendment to the Development Agreement. Winchester Hills I LLC seeks to repeal the First Amendment and reinstate the original term of the Development Agreement for the Winchester Property. F. This application was filed in a manner in accord with the City of Temecula General Plan and Development Code. G. Government Code Section 65864 authorizes the City to enter into binding development agreements with persons having legal or equitable interest in real property for the development of such property in order to, among other matters: ensure high quality development in accordance with comprehensive plans; provide certainty in the approval of development projects so as to avoid the waste or resources and the escalation in the cost of housing and other development to the consumer; provide assurance to the applicants for development projects that they may proceed with their projects in accordance with existing policies, rules and regulations and subject to Conditions of Approval, in order to strengthen the public planning process and encourage private participation in comprehensive planning and reduce the private and public economic costs of development and provide for economic assistance to Owner for the entitlements authorizing development related improvements. H. On November 16, 2022, the Planning Commission of the City of Temecula held a duly noticed public hearing on the proposed Second Amendment to the Development Agreement ("Second Amendment") as prescribed by law at which time all persons interested in the proposed Second Amendment had the opportunity and did address the Planning Commission on this matter. I. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 2022-35, entitled, "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND LENNAR HOMES, INC., A CALIFORNIA CORPORATION AND WINCHESTER HILLS I LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (PLANNING APPLICATION NO. PA21-0128)" J. On December 13, 2022, the City Council considered the Application at a duly noticed public hearing which time the City staff presented its report, and all interested persons had an opportunity to and did testify either in support or in opposition to the Project. K. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Application hereby makes the following findings: A. The City has reviewed the potential impacts of the Second Amendment to the Development Agreement and the various potential benefits to the City of the Second Amendment and has concluded that the Second Amendment is in the best interests of the City. B. The Second Amendment to the Development Agreement is consistent with the City's General Plan including the goals and objectives thereof and each element thereof. Section 3. CEQA. This Ordinance, which approves the Second Amendment to the Development Agreement, is exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of the Ordinance may have a significant effect on the environment. The adoption of the Ordinance will repeal the First Amendment which extended the term of the Development Agreement. As the term of the Development Agreement is being shortened by the adoption of the Ordinance, this is covered by the common sense exemption under CEQA. Section 4. Approval of Second Amendment to Development Agreement. The City Council of the City of Temecula hereby approves that certain Second Amendment to Development and authorizes the Mayor to execute the Second Amendment to Development Agreement in substantially the form attached hereto as Exhibit "A". Section 5. Authority of the City Manager. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and appropriate to carry out and implement the Second Amendment and to administer the City's obligations, responsibilities and duties to be performed under the Second Amendment. Section 6. Severability. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 7. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. Section 8. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in the manner required by law. 3 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of December, 2022 Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2022- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 13th day of December, 2022, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , 2023 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Temecula 41000 Main Street Temecula, CA 92590 Attn: Randi Johl, JD, MMC City Clerk Exempt from recording fees pursuant to Govt. Code Section 27383 (Space above for recorder's use) SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND LENNAR HOMES, INC., A CALIFORNIA CORPORATION AND WINCHESTER HILLS I LLC, A CALIFORNIA LIMITED LIABILITY COMPANY This Second Amendment to Development Agreement is made and entered into as of 2022, by and between the CITY OF TEMECULA, a California municipal corporation ("City"); HARVESTON-SAB NORTH LLC, a California limited liability company ("Harveston North") and HARVESTON-SAB SOUTH LLC, a California limited liability company, successors in interest to HARVESTON-SAB LLC, a California limited liability company ("Harveston) successor in interest to Winchester Hills I LLC, a California limited liability company; and MERITAGE HOMES OF CALIFORNIA, INC., a California corporation ("Meritage"), HOEHN ENTERPRISE 5 TEMECULA LLC, a California limited liability company ("Hoehn 5"), SOLANA WINCHESTER LLC, a Delaware limited liability company ("Solana"), LANTERN CREST AT TEMECULA, LLC, a California limited liability company ("Lantern Crest"), and ADVANTAGED ASSET ACQUISITIONS 1, LLC, a California limited liability company ("Advantaged") pursuant to the authority of Section 65864 through 65869.5 of the California Government Code and Article XI, Section 2 of the California Constitution. Pursuant to said authority and in consideration of the mutual covenants set forth in this Second Amendment, the parties hereto agree as follows: 1. Recitals. This Second Amendment is made with respect to the following purposes and facts which the parties agree to be true and correct: Page 1 of 25 A. On August 28, 2001, the City Council of the City of Temecula approved that certain agreement entitled "Development Agreement By And Between The City Of Temecula And Lennar Homes, Inc., A California Corporation And Winchester Hills I LLC, A California Limited Liability Company" by the adoption of Ordinance No. 01-08 (the "Development Agreement"). The Development Agreement was recorded on January 16, 2002 as Document No. 2002-026470 in the Official Records of the County of Riverside. B. On October 23, 2007, the City Council of the City of Temecula approved that certain agreement entitled "First Amendment to Development Agreement By And Between The City Of Temecula And Lennar Homes, Inc., A California Corporation And Winchester Hills I LLC, A California Limited Liability Company" by the adoption of Ordinance No. 07-14 ("First Amendment"). The First Amendment was recorded on October 2, 2015 as Document No. 2015- 0437479 in the Official Records of the County of Riverside. C. The real property which is subject to the Development Agreement and the First Amendment is comprised of two components. The first is the Lennar Property described in the Development Agreement ("Lennar Property"). The second is the Winchester Hills I LLC Property which was specifically described in Exhibit A to the First Amendment ("Winchester Property"). D. The Lennar Property has been developed consistent with the Development Agreement, so the teen of the Development Agreement as it pertains to the Lennar Property has expired. E. Winchester Hills I LLC's interest in the Winchester Property and in the Development Agreement (as amended by the First Amendment) was transferred to Harveston in 2012. The northerly portion of the Winchester Property acquired by Harveston was transferred to Harveston North in 2015 and the southerly portion was transferred to Harveston South in 2016. Harveston North sold a portion of the Winchester Property to Hoehn Enterprise 4 Temecula LLC (the "Hoehn 4 Property") in 2016. The Hoehn 4 Property has been developed as an automobile dealership consistent with the Development Agreement, so the tenn of the Development Agreement as it pertains to the Hoehn 4 Property has expired. Harveston North and Harveston South have requested to repeal the First Amendment which extended the term of the Development Agreement and to reinstate the original term of the Development Agreement for the remaining portions of the Winchester Property. F. Harveston North has sold portions of the Winchester Property to: i.) Meritage, a "Merchant Builder" under the Development Agreement, and to ii.) Hoehn 5 and iii.) Solana, both of which are "Subsequent Owners" under the Development Agreement. Harveston South has sold portions of the Winchester Property to: iv.) Lantern Crest, and v.) Advantaged, all of which are "Subsequent Owners" under the Development Agreement. Neither Harveston North nor Harveston South currently own any portion of the Winchester Property but are parties to this Second Amendment to confirm their personal rights under the Development Agreement, including but not limited to their rights to fee credits pursuant to Section 4.8 of the Development Agreement. The portion of the Winchester Property that is owned by Meritage (the "Meritage Property") is specifically described and depicted on Exhibit "A" hereto. The portion of the Winchester Property that is owned by Hoehn 5 (the "Hoehn 5 Property") is specifically described Page 2 of 25 and depicted on Exhibit "B" hereto. The portion of the Winchester Property that is owned by Solana (the "Solana Property") is specifically described and depicted on Exhibit "C" hereto. The portion of the Winchester Property that is owned by Lantern Crest (the "Lantern Crest Property") is specifically described and depicted on Exhibit "D" hereto. The portion of the Winchester Property that is owned by Advantaged ("the Advantaged Property") is specifically described and depicted on Exhibit "E" hereto. The properties listed in this paragraph and described in the Exhibits are collectively referred to herein as the "Remaining Winchester Properties." G. Harveston North and Harveston South each warrant and represent to the City that these five entities are the only persons that own the Remaining Winchester Properties and that no other persons are required to consent to or approve this Second Amendment. H. The Planning Commission of the City of Temecula held a duly noticed public hearing on , 2022 and by Resolution No. 22- recommended to the City Council that this Second Amendment be approved. I. On , 2022, the City Council of the City of Temecula held a duly noticed public hearing on the proposed Second Amendment and the CEQA documentation at which time all persons had the opportunity to testify in support of or opposition to the proposed Second Amendment. J. On , 2022 the City Council of the City of Temecula adopted Ordinance No. 22- approving this Second Amendment. 2. Repeal of First Amendment. The First Amendment is hereby repealed and is of no further force and effect as to the Remaining Winchester Properties. 3. Authority to Enter Into Second Amendment. The entities in Recital F above each warrant and represent to the City that its approval of this Second Amendment will not violate any agreements they may have with other persons. The person or persons executing this Second Amendment on behalf of said entities each further warrant and represent to the City that this Second Amendment has been duly approved by each and that all applicable notices, approvals and procedures were complied with and that he or she is duly authorized by his/her- principal to execute this Second Amendment on behalf of that entity and has been duly authorized to do so. 4. Other Terms Remain. Except as specifically set forth herein, all other terms and conditions of the Development Agreement shall remain in full force and effect as to the Remaining Winchester Properties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as provided herein. Page 3 of 25 CITY OF TEMECULA, a municipal corporation Matt Rahn Mayor Attest: Randi Johl, JD, MMC City Clerk Approved As to Form: Peter M. Thorson City Attorney HARVESTON-SAB NORTH LLC, a California limited liability company i ephen A.Bieri President HARVESTON-SAB SOUTH LLC, a California limited liability company Stephen A. Bieri resident Page 4 of 25 MERITAGE HOMES OF CALIFORNIA, INC., a California corporation Name: kkr-vN '11!kueR' uo Title: - HOEHN ENTERPRISE 5 TEMECULA LLC, a California limited liability company Name: �hQp re Title: SOLANA WINCHESTER LLC, a Delaware limited liability company By: KR Temecula Ventures LLC a Delaware limited liability company, its Manager By: RP Solana Winchester Investors LLC a Delaware limited liability company, its Manager By: ReyLenn Properties LLC, a California limited 'a ' ' y com y, its Manager By: e"3.wis. g, ' anager B Louis Kuntz, its Manager By: Winchester MF, LLC an Arizona limited liability company, its Manager By: Kitchell Development Company, an Arizona corporation, its Manager By. --� Name: A*Vtf-t- A. SC,v.r..,�.,.• Title: Page 5 of 25 LANTERN CREST AT TEMECULA, LLC, Name: t4V4,o0A42— Title: F . ADVANTAGED ASSET ACQUISITIONS 1, LLC, a California limited liability company LIA A? Z. 0 "�A -- Name: ichael A. Clrant Title: President Page 6 of 25 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 06 ZZ , before me,S4t?4 (inscil n me and title of the officer) Notary Public, personally appeared 91 t , who proved to me on the basis of satisfactory Adence 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. /> r Signatu / ' (Seal) QMSHELBY R. SMITH Comm.# 2331793NOTARY PUBLIC•CALIFORNIA\SAN DIEGO COUNTY Y Comm. EzP. AuG, 18, 2024'' Page 7 of 25 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 2_1�>C_"2 , before me,�y (insert� }ime and Notary Public, personally appeared �f��2'-.P� � V�i Pif/`title of the officer)) � , who proved to me on the basis of satisfactory 0evidence 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. r' Signature (Seal) SHEIBY R. SMITH ,q COMM. # 2331793 '� NOTARY PUBLIC-CALIFORNIA V' SAN DIEGO COUNTY MY COMM. EXP. AuG. 18, 2024 Page 8 of 25 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 A , before me, serf name and title of the officer) Notary Public, personally appeared--}�''c- TGt-�1�i`La , 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. TRACEYCURIOSO O Notary Public - California WITNESS my hand and official seal. Orange County Commission k 239207A y Comm. Expires Jan 29, 2026 Signature (Seal) Page 9 of 25 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 Calgprnia ) County of On(y`'S �- a Z'L , before me, (insert name and title of the officer) Notary Public, personally appeared �-� 0 "-`�'�'� 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. WITNIESS my hand and official seal. Signature 4 'r CMWDUD.DIM Notary Public - GtH & San Diego County Commission R 2334272 My Lamm. Tres Sep 25, 2024 Page 10 of 25 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 6 rr teye ) On 20M , before me, g6W ,/ I A ti I f insect n } ne and title of the officer) Notary Public, personally appeared CAC, 19, -4 who proved to me on the basis of satisfactory evidence to be the per on(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) i e. rti MARY KELLY BEfHEA Notary Public - California llh San Diego County Commission N 2273932 My Comm. Expires Jan 16, 2023 Page 11 of 25 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 904 jY�__h�//4On �/t,% ,,�, �OZ,Z- before me, -� , - 6 ..,,��.. 1(insert nAe and title of the officer) Notary Public, personally appeared l,AN co , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) °•.` MARY KELLYLY-H l _ Notary Public - California z .•� San Diego County Commission # 2273932 My Comm. Expires Jan 16, 2023 Page 12 of 25 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 docu vent. State of Arizona ) County of Mar llcop a ) On J � 4 apaa , before me, l I ct� }�D� Son , (ins(Al name and title of the officer) Notary Public, personally appeared" I�njRr-t' N. Sc ramrn (lon6l"r 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 Arizona that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature - �d� 1&42� (Seal) a ar NANCY HODSON °.i. Notary Public - State of Arizona MARICOPA COUNTY Commission # 557847 t Expires February 1, 2023 Page 13 of 25 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 SaiA 'D I ebb ) On J \3V, Z02Z , before me, ""(Cla"Ain T- Sand afua , (insert name and title of the ol'ficer) Notary Public, personally appeared M Gk1q rj"7rC( I(1- — , 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 offici• seal. 12 Signature— (Seal) °r rti YASMIN PEREZ SANTANA Notary Public •California San Dfego County Commission 4 2388693 MY Comm, Expires Dec 30, 2025 Page 14 of 25 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 SC1 Vi 171 ifn O ) On , 20'Z2 , before me, \ a's ffu n T "S« r1-�ryx , \ (insert name and title of the officer) Notary Public, personally appeared MICUt� U . ray + , 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 off. ial seal. Signatur (Seal) .:.w YASMIN PEREZ SANTANA Notary Public • California San Diego County " Commission X 2388693 MY Comm, Expires Dec 30, 2025 Page 15 of 25 EXHIBIT "A" Meritage Property LEGAL DESCRIPTION PARCELS 1 THROUGH 3, INCLUSIVE AND PARCEL 6, AS SHOWN ON THE MAP ENTITLED "PARCEL MAP NO. 36336", FILED AUGUST 20, 2015, IN BOOK 239 OF PARCEL MAPS, AT PAGES 33 THROUGH 39, INCLUSIVE, RIVERSIDE COUNTY RECORDS. PARCEL D AS SHOWN ON LOT LINE ADJUSTMENT NO. PA15-1434, AS EVIDENCED BY DOCUMENT RECORDED DECEMBER 15, 2015 AS INSTRUMENT NO. 2015-0542235 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF PARCELS 4, 5, 7 AND 8 OF PARCEL MAP NO. 36336, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN ON THE MAP FILED IN BOOK 239, PAGES 33 THROUGH 39, INCLUSIVE, OF PARCEL MAPS IN THE OFFICE OF THE.COUNTY RECORDER OF SAID RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 4; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCELS 4 AND 5 SOUTH 350 30' 43" EAST 1094.55 FEET TO THE MOST EASTERLY CORNER OF SAID PARCEL 5; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 5 SOUTH 54° 29' 17" WEST 375.05 FEET TO THE NORTHEASTERLY LINE OF SAID PARCEL 8; THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 40' 38' 53" EAST 161.57 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 850.00 FEET; THENCE ALONG SAID CURVE, CONTINUING ALONG SAID NORTHEASTERLY LINE SOUTHEASTERLY 158.71 FEET THROUGH A CENTRAL ANGLE OF 10' 41' 53" TO THE MOST EASTERLY CORNER OF SAID PARCEL 8; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 8 SOUTH 56° 07' 10" WEST 40.80 FEET TO THE SOUTHWESTERLY LINE OF THAT CERTAIN PRIVATE EASEMENT FOR ACCESS PURPOSES AS SHOWN ON SAID PARCEL MAP NO. 36336, BEING A POINT ON A NON -TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 889.00 FEET, SAID CURVE BEING CONCENTRIC WITH AND SOUTHWESTERLY 39.00 FEET FROM SAID NORTHEASTERLY LINE OF PARCEL 8, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS NORTH 39° 26' 35" EAST; THENCE ALONG SAID CURVE AND SAID SOUTHWESTERLY LINE NORTHERLY 153,75 FEET THROUGH A CENTRAL ANGLE OF 09' 54' 32"; THENCE TANGENT FROM SAID CURVE, CONTINUING ALONG SAID SOUTHWESTERLY LINE NORTH 40' 38' 53" WEST 731.53 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 568 FEET; THENCE ALONG SAID CURVE, CONTINUING ALONG SAID SOUTHWESTERLY LINE NORTHWESTERLY 310.61 FEET THROUGH A CENTRAL ANGLE OF 310 19' 54" TO THE NORTHERLY LINE OF SAID PARCEL 7; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 7 AND THE NORTHWESTERLY LINE OF SAID PARCEL 4 THE FOLLOWING COURSES; RADIALLY FROM SAID CURVE NORTH 80' 4F 01" EAST 78.00 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS OF 490.00 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS NORTH 80° 41' 01 " EAST; THENCE ALONG $AID CURVE NORTHERLY 444.14 FEET THROUGH A CENTRAL ANGLE OF 510 56, 00" TO THE POINT OF BEGINNING. EXCEPTING THEREFROM, OIL AND MINERAL RIGHTS AS RESERVED BY FIDELITY REALTY CORPORATION IN DEED RECORDED MAY 22, 1929, IN BOOK 815, PAGE 214 OF DEEDS. APN: 916-400-034-1, 916-400-035-2, 916-400-036-3 916-400-039-6,916-400-060-4 Page 16 of 25 EXHIBIT "A" Meritage Property DEPICTION Page 17 of 25 EXHIBIT "B" Hoehn 5 Property LEGAL DESCRIPTION That certain real property situated in the City of Temecula, County of Riverside, State of California and more particularly described as follows: Parcel B of Lot Line Adjustment No. PA 15-1434 Recorded December 15, 2015, as Instrument No. 2015-0542235 of Official Records in the Office of the County Recorder of said Riverside County, California. Page 18 of 25 EXHIBIT "B" Hoehn 5 Property DEPICTION Page 19 of 25 EXHIBIT "C" Solana Property LEGAL DESCRIPTION Real property In the City of Temecula, County of Riverside, State of California, described as follows: PARCEL 1: (APN NO. 916-400-042) PARCEL 9, AS SHOWN ON THE MAP ENTITLED "PARCEL MAP NO. 36336", FILED AUGUST 20, 2015, 1N BOOK 239 OF PARCEL MAPS, AT PAGES 33 THROUGH 39, INCLUSIVE, RIVERSIDE COUNTY RECORDS, PARCEL 2: (APN NO. 916-400-058) PARCEL C AS SHOWN ON LOT LINE ADJUSTMENT NO. PA1S-1434, AS EVIDENCED BY DOCUMENT RECORDED DECEMBER 15, 2015 AS INSTRUMENT NO. 2015-0542235 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF PARCEL OF 8 OF PARCEL MAP NO. 36336, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN ON THE MAP FILED IN BOOK 239, PAGES 33 THROUGH 39, INCLUSIVE, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 7; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 7 NORTH 29058'20" WEST 120.28 FEET TO A LINE PARALLEL WITH AND 120.00 FEET NORTHWESTERLY OF THE SOUTHEASTERLY LINE OF SAID PARCEL 7; THENCE ALONG SAID PARALLEL LINE NORTH 5600710" EAST 445.57 FEET TO THE SOUTHWESTERLY LINE OF THAT CERTAIN PRIVATE EASEMENT FOR ACCESS PURPOSES AS SHOWN ON SAID PARCEL MAP NO. 36336; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 40038'53" EAST 370.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID LINE SOUTH 5600710" WEST 487,92 FEET TO THE SOUTHWESTERLY LINE OF SAID PARCEL 8; THENCE ALONG THE SOUTHWESTERLY AND SOUTHEASTERLY OF SAID PARCEL 8, THE FOLLOWING COURSES: SOUTH 3704511" EAST 57.67 FEET; THENCE SOUTH 28039'30" EAST 199.91 FEET; THENCE SOUTH 18040'57" EAST 138.90 FEET TO THE MOST SOUTHERLY CORNER OF SAID PARCEL 8; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 8 NORTH 5600710" EAST 598.35 FEET TO THE SOUTHWESTERLY LINE OF THAT CERTAIN PRIVATE EASEMENT FOR ACCESS PURPOSES AS SHOWN ON SAID PARCEL MAP NO. 36336, BEING A POINT ON A NON -TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 889.00 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS NORTH 39026'35" EAST; THENCE ALONG SAID CURVE AND SAID SOUTHWESTERLY LINE NORTHWESTERLY 153.75 FEET THROUGH A CENTRAL ANGLE OF 09154'32"; THENCE TANGENT FROM SAID CURVE, CONTINUING ALONG SAID SOUTHWESTERLY LINE NORTH 40038'53" WEST 241.99 FEET TO THE TRUE POINT OF BEGINNING. Page 20 of 25 EXHIBIT "C" Solana Property DEPICTION m a E Page 21 of 25 EXHIBIT "D" Lantern Crest Property LEGAL DESCRIPTION Real property in the City of Temecula, County of Riverside, State of California, described as follows: PARCEL ONE: (APN: 916-400-043) PARCEL 10, AS SHOWN ON THE MAP ENTITLED "PARCEL MAP NO. 36336", FILED AUGUST 20, 2015, IN BOOK 239 OF PARCEL MAPS, AT PAGES 33 THROUGH 39, INCLUSIVE, RIVERSIDE COUNTY RECORDS. PARCEL TWO: (APN: 916-400-044, 916-400-064) PARCEL A AS SHOWN ON NOTICE OF LOT LINE ADJUSTMENT NO. PA17-0956, AS EVIDENCED BY DOCUMENT RECORDED AUGUST 10, 2017 AS INSTRUMENT NO. 2017-0328586 OF OFFICIAL RECORDS, PARCEL THREE: (APN: 916-400-062 and 916-400-065) PARCEL B AS SHOWN ON NOTICE OF LOT LINE ADJUSTMENT NO. PA17-0956, AS EVIDENCED BY DOCUMENT RECORDED AUGUST 10, 2017 AS INSTRUMENT NO. 2017-0328586 OF OFFICIAL RECORDS. Page 22 of 25 EXHIBIT "D" Lantern Crest DEPICTION Page 23 of 25 EXHIBIT "E" Advantaged Property LEGAL DESCRIPTION That portion of Parcel 13 of Parcel Map No. 36336, in the City of Temecula, County of Riverside, State of California as shown on the map filed in Book 239, pages 33 through 39, inclusive, of Parcel Maps in the Office of the County Recorder of said Riverside County, California, being a portion of Parcel C of Lot Line Adjustment No. PA17-0956 recorded August 10, 2017 as Instrument No. 2017-0328586 of Official Records of said County Recorder, described as a whole as follows: BEGINNING at the northerly terminus of that certain course in the easterly line of said Parcel 13 shown as having a bearing and distance of "N 11 °23'13" E 837.71' " on said Parcel Map No. 36336; Thence along said easterly line South 11023'13" West 188.64 feet; Thence leaving said easterly line North 78036'47" West 222.17 feet; Thence North 33036'47" West 39.36 feet; Thence North 11023'13" East 206.30 feet; Thence North 52023'36" East 32.81 feet; Thence North 15052'31" West 13.49 feet to the northerly line of said Parcel C; Thence along the northerly line of said Parcel C the following courses: North 03°23'59" East 17.26 feet; Thence South 86"36'01" East 204.96 feet to the northerly corner of said Parcel C; Thence along said easterly line of Parcel C and Parcel 13 the following courses: South 03023'59" West 39,00 feet; Thence South 38*30'11" East 34.36 feet to the beginning of a non -tangent curve concave westerly and having a radius of 945.00 feet, a radial line to said curve bears South 82°40'56" East; Thence southerly along said curve 67.11 feet through a central angle of 04004'09" to the POINT OF BEGINNING. CONTAINS: 1.679 acres, more or less. Page 24 of 25 EXHIBIT "E" Advantaged Property DEPICTION , Page 25 of 25 PC RESOLUTION NO.2022-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND LENNAR HOMES, INC., A CALIFORNIA CORPORATION AND WINCHESTER HILLS I LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND MAKE A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PLANNING APPLICATION NO. PA21-0128)" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. The City of Temecula ("City"), a general law City in the State of California, Lennar Homes, Inc., a California Corporation and Winchester Hills ILLC, a California limited liablity company entered into an agreement entitled "Development Agreement By And Between The City Of Temecula And Lennar Homes, Inc., A California Corporation And Winchester Hills I LLC, A California Limited Liability Company" by the adoption of Ordinance No. 01-08 (the "Development Agreement"). The Development Agreement was recorded on January 16, 2002 as Document No. 2002-026470 in the Official Records of the County of Riverside.. B. On October 23, 2007, the City Council of the City of Temecula approved that certain agreement entitled "First Amendment to Development Agreement By And Between The City Of Temecula And Lennar Homes, Inc., A California Corporation And Winchester Hills I LLC, A California Limited Liability Company" by the adoption of Ordinance No. 07-14 ("First Amendment"). The First Amendment was recorded on October 2, 2015 as Document No. 2015- 0437479 in the Official Records of the County of Riverside. The First Amendment extended the term of the Development Agreement. On January 26, 2021 the applicant, Winchester Hills I LLC, a California Limited Liability Company, filed Planning Application No. PA21-0128, a proposed Second Amendment to the Development Agreement. This application was filed in a manner in accord with the City of Temecula General Plan and Development Code. C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. D. The Planning Commission, at a regular meeting, considered the Application and environmental review on November 16, 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 in opposition to this matter. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending approval the application hereby finds, determines, and declares that: A. The City has reviewed the potential impacts of the Second Amendment to the Development Agreement and the various potential benefits to the City of the Second Amendment and has concluded that the Second Amendment is in the best interests of the City. B. The Second Amendment to the Development Agreement is consistent with the City's General Plan including the goals and objectives thereof and each element thereof. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Development Agreement Amendment Application: The proposed Ordinance, which approves a Second Amendment to the Development Agreement, is exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of the proposed Ordinance may have a significant effect on the environment. The adoption of the proposed Ordinance will repeal the First Amendment which extended the term of the Development Agreement. As the term of the Development Agreement is being shortened by the adoption of the Ordinance, this is covered by the common sense exemption under CEQA. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt an Ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND LENNAR HOMES, INC., A CALIFORNIA CORPORATION AND WINCHESTER HILLS I LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PLANNING APPLICATION NO. PA21-0128)" in substantially the same form attached hereto as Exhibit A, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 161h day of November, 2022. *' Gary Watts, Chairman ATTEN1 Lu e Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 2022-35 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 16' day of November, 2022, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Hagel, Ruiz, Turley-Trejo, Watts NOES: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None ABSENT: 1 PLANNING COMMISSIONERS: Telesi00,,n Luke Watson Secretary ORDINANCE NO.2022- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMCULA AND LENNAR HOMES, INC., A CALIFORNIA CORPORATION AND WINCHESTER HILLS I LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PLANNING APPLICATION NO. PA21-0128) 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. The City of Temecula ("City"), a general law City in the State of California, Lennar Homes, Inc., a California Corporation and Winchester Hills ILLC, a California limited liablity company ("Winchester"), entered into an agreement entitled "Development Agreement By And Between The City Of Temecula And Lennar Homes, Inc., A California Corporation And Winchester Hills I LLC, A California Limited Liability Company" by the adoption of Ordinance No. 01-08 (the "Development Agreement"). The Development Agreement was recorded on January 16, 2002 as Document No. 2002-026470 in the Official Records of the County of Riverside.. B. On October 23, 2007, the City Council of the City of Temecula approved that certain agreement entitled "First Amendment to Development Agreement By And Between The City Of Temecula And Lennar Homes, Inc., A California Corporation And Winchester Hills I LLC, A California Limited Liability Company" by the adoption of Ordinance No. 07-14 ("First Amendment"). The First Amendment was recorded on October 2, 2015 as Document No. 2015- 0437479 in the Official Records of the County of Riverside. The First Amendment extended the term of the Development Agreement. C. The real property which is subject to the Development Agreement and the First Amendment is comprised of two components. The first is the Lennar Property described in the Development Agreement ("Lennar Property"). The second is the Winchester Hills I LLC Property ("Winchester Property"). D. The Lennar Property has been developed consistent with the Development Agreement and the term of the Development Agreement as it pertains to the Lennar property has expired. E. On January 26, 2021 the applicant, Winchester Hills I LLC, a California Limited Liability Company, filed Planning Application No. 21-0128, a proposed Second Amendment to the Development Agreement. Winchester Hills I LLC seeks to repeal the First Amendment and reinstate the original term of the Development Agreement for the Winchester Property. F. This application was filed in a manner in accord with the City of Temecula General Plan and Development Code. G. Government Code Section 65864 authorizes the City to enter into binding development agreements with persons having legal or equitable interest in real property for the development of such property in order to, among other matters: ensure high quality development in accordance with comprehensive plans; provide certainty in the approval of development projects so as to avoid the waste or resources and the escalation in the cost of housing and other development to the consumer; provide assurance to the applicants for development projects that they may proceed with their projects in accordance with existing policies, rules and regulations and subject to Conditions of Approval, in order to strengthen the public planning process and encourage private participation in comprehensive planning and reduce the private and public economic costs of development and provide for economic assistance to Owner for the entitlements authorizing development related improvements. H. On November 16, 2022, the Planning Commission of the City of Temecula held a duly noticed public hearing on the proposed Second Amendment to the Development Agreement ("Second Amendment") as prescribed by law at which time all persons interested in the proposed Second Amendment had the opportunity and did address the Planning Commission on this matter. I. Following consideration of the entire record of information received at the public hearing, the Planning Commission adopted Resolution No. 2022-35, "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMCULA AND LENNAR HOMES, INC., A CALIFORNIA CORPORATION AND WINCHESTER HILLS I LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (PLANNING APPLICATION NO. PA21-0128)" J. On , 2022, the City Council considered the Application at a duly noticed public hearing which time the City staff presented its report, and all interested persons had an opportunity to and did testify either in support or in opposition to the Project. K. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Application hereby makes the following findings: A. The City has reviewed the potential impacts of the Second Amendment to the Development Agreement and the various potential benefits to the City of the Second Amendment and has concluded that the Second Amendment is in the best interests of the City. B. The Second Amendment to the Development Agreement is consistent with the City's General Plan including the goals and objectives thereof and each element thereof. Section 3. CEQA. This Ordinance, which approves the Second Amendment to the Development Agreement, is exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of the Ordinance may have a significant effect on the environment. The adoption of the Ordinance will repeal the First Amendment which extended the term of the Development Agreement. As the term of the Development Agreement is being shortened by the adoption of the Ordinance, this is covered by the common sense exemption under CEQA. Section 4. Approval of Second Amendment to Development Agreement. The City Council of the City of Temecula hereby approves that certain Second Amendment to Development and authorizes the Mayor to execute the Second Amendment to Development Agreement in substantially the form attached hereto as Exhibit "A". Section 5. Authority of the City Manager. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and appropriate to carry out and implement the Second Amendment and to administer the City's obligations, responsibilities and duties to be performed under the Second Amendment. Section 6. Severability. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 7. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. Section 8. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , 2022 Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2022- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of , 2022, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , 2022 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Gty of �Temecula Community Development 41000 Main Street - Temecula, CA 92590 Phone (951) 694-6400 - Fax (951) 694-6477 • TemeculaCA.gov VIA -ELECTRONIC SUBMITTAL CEQAProces sina(& asrclkrec. com December 14, 2022 Supervising Legal Certification Clerk County of Riverside P.O. Box 751 Riverside, CA 92501-0751 SUBJECT: Filing of a Notice of Exemption for Planning Application No. PA21-0128, a Second Amendment to the Development Agreement by and between the City of Temecula and Lennar Homes, Inc., a California Corporation and Winchester Hills I LLC, a California Limited Liability Company to rescind the First Amendment to the Development Agreement and reinstate the original term of the Development Agreement for the Winchester Property located within portions of Planning Area 12 of the Harveston Specific Plan. Dear Sir/Madam: Enclosed is the Notice of Exemption for the above referenced project. In addition, pursuant to Assembly Bill 3158 (Chapter 1706) the Applicant will pay for the County Administrative fee to enable the City to file the Notice of Exemption required under Public Resources Code Section 21152 and 14 California Code Regulations 1507. The payment of the $50.00 filing fee is under protest. It is the opinion of the City that the administrative fee has been increased in a manner inconsistent with the provisions of State Law. Under Public Resources Code Section 21152 and 14 California Code Regulations 1507, the County is entitled to receive a $25.00 filing fee. Also, please email a stamped copy of the Notice of Exemption within five working days after the 30-day posting to the email listed below. If you have any questions regarding this matter, please contact Scott Cooper at (951) 506-5137 or at email scott.cooper(a,TemeculaCA.gov. Sincerely, Luke Watson Deputy City Manager Attachments: Notice of Exemption Form Electronic Payment - Filing Fee Receipt City of Temecula Community Development Planning Division Notice of Exemption TO: County Clerk and Recorders Office FROM: Planning Division County of Riverside City of Temecula P.O. Box 751 41000 Main Street Riverside, CA 92501-0751 Temecula, CA 92590 Project Title: Winchester Hills Development Agreement Second Amendment Description of Project: Second Amendment to the Development Agreement by and between the City of Temecula and Lennar Homes, Inc., a California Corporation and Winchester Hills I LLC, a California Limited Liability Company to rescind the First Amendment to the Development Agreement and reinstate the original term of the Development Agreement for the Winchester Property Project Location: East of Interstate 15 (I-15), west of Ynez Road, north of State Route 79 (SR-79), and south of Temecula Center Drive within portions of Planning Area 12 of the Harveston Specific Plan Area Applicant/Proponent: City of Temecula, County of Riverside The City Council approved the above described project on December 13, 2022 and found that the project is exempt from the provisions of the California Environmental Quality Act, as amended. Exempt Status: (check one) ❑ Ministerial (Section 21080(b)(1); Section 15268); ❑ Declared Emergency (Section 21080(b)(3); Section 15269(a)); ❑ Emergency Project (Section 21080(b)(4); Section 15269(b)(c)); ❑ Statutory Exemptions (Section Number: ) ❑ Categorical Exemption: (Section Number) ® Other: Section 15061 (b)(3) General Rule Exemption Statement of Reasons Supporting the Finding that the Project is Exempt: The Ordinance, which approves the Second Amendment to the Development Agreement, is exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of the Ordinance may have a significant effect on the environment. The adoption of the Ordinance repeals the First Amendment which extended the term of the Development Agreement. As the term of the Development Agreement is being shortened by the adoption of the Ordinance, this is covered by the common sense exemption under CEQA. Contact Person/Title: Scott Cooper, Senior Planner Phone Number: (951) 506-5137 Signature: Date: Luke Watson Deputy City Manager Notice of Public Hearing THE CITY OF TEMECULA 41000 Main Street Temecula, CA 92590 A PUBLIC HEARING has been scheduled before the CITY COUNCIL to consider the matter(s) described below. Case No.: PA21-0128 Applicant: Winchester Hills I LLC a California Limited Liability Company Location: Portions of Planning Area 12 of the Harveston Specific Plan Proposal: An ordinance of the City Council of the City of Temecula approving a Second Amendment to the Development Agreement by and between the City of Temecula and Lennar Homes, Inc., a California Corporation and Winchester Hills I LLC, a California Limited Liability Company to rescind the First Amendment to the Development Agreement and reinstate the original term of the Development Agreement for the Winchester Property located within portions of Planning Area 12 of the Harveston Specific Plan. Environmental Action: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15061(b)(3)) as it can be seen with certainty that there will be no effect on the environment because the Second Amendment will reduce the term of the Development Agreement rather than lengthening it. PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: December 13, 2022 TIME OF HEARING: 6:00 PM Ra \ �S rON_DR Project Site 6 400 800 Feet r �! Any person may submit written comments to the City Council before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of hearing. Any petition for judicial review of a decision of the City Council shall be filed within the time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the City Council, shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. The proposed project application may be viewed at the public information counter, Temecula Civic Center, Planning Department, 41000 Main Street, Monday through Friday from 8:00 a.m. until 5:00 p.m. Questions concerning the project(s) may be addressed to Scott Cooper, City of Temecula Planning Department, (951) 506- 5137. Item No. 16 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: December 13, 2022 SUBJECT: Receive and File Assembly Bill (AB) 1600 Financial Reports — Fiscal Year 2021-22 Development Impact Fee Expenditures PREPARED BY: Jennifer Hennessy, Director of Finance RECOMMENDATION: That the City Council conduct a public hearing and receive and file Assembly Bill (AB) 1600 Financial Reports — Fiscal Year 2021-22 Development Impact Fee Expenditures. BACKGROUND: Government Code Sections 66006 requires that an accounting of the Development Impact Fees be made public, and the information reviewed in a regularly scheduled public hearing. The Legislature finds and declares that the timely and proper allocation of development fees promotes economic growth and is, therefore, a matter of statewide interest and concern. Annually, the City Finance Department staff compiles a report of expenditures made with the Development Impact Fees collected and interest accrued during the year. Staff has compiled the AB 1600 Report for this purpose and recommends acceptance and approval of the report of expenditures made with the Development Impact Fees after hearing public testimony. FISCAL IMPACT: Monies must be used within five years for specified purposes or returned to the developer. All funds are programmed to be spent in accordance with the Fiscal Years 2023-2027 Capital Improvement Program adopted June 14, 2022, by the City Council. ATTACHMENTS: 1. Summary of Development Impact Fees 2. AB 1600 Financial Reports 3. Notice of Public Hearing City of Temecula Summary of Development Impact Fees Fiscal Year 2021-22 FY21-22 Development Beginning Fees Interest FY21-22 Ending Fund Expenditure % Funded Impact Fee Fund Balance Collected Earned Expenditures Balance Capital Improvement Projects s % Complete with DIFs Open Space Land $14,772 $142,061 ($845) ($2,304) $153,684 210.265.703 - Bike Lane and Trail Program $2,304 12.8% 2.9% Acquisition Street Improvements $836,819 $737,638 ($8,912) ($100,000) $1,465,545 210.265.783 - Overland Drive Widening $100,000 9.5% 53.7% Traffic Signals & Traffic Control Systems $204,482 $106,453 ($1,768) ($486) $308,681 210.265.682 - Traffic Signal Installation $486 41.4% 55.8% Park & Recreation Improvements $1,226,597 $487,376 ($9,767) ($25,000) $1,679,206 210.290.204 - Urban Forest Management Plan $25,000 84.2% 13.9% Corporate Facilities $0 $304,133 ($1,600) $2,838 $305,371 210.265.711 - Citywide Surveillance Cameras ($2,838) 80.1% 18.8% Fire Protection Facilities $50,340 $89,490 ($743) ($139,087) $0 210.165.757 - Station 73 Repayment to General $139,087 78.5% 100.0% Fund Library $124,213 $472,820 ($3,171) $0 $593,862 n/a $0 n/a n/a Police Facilities $75,952 $105,419 ($963) $0 $180,408 n/a $0 n/a n/a City of Temecula OPEN SPACE LAND ACQUISITIONS Government Code 66000 Calculation Fiscal Year 2021-22 The impact fees for Open Space Land Acquisitions are based on the cost of land needed to maintain the City's existing ratio of open space acreage to population. Because these fees are population driven, they apply only to residential development. The fee is $845.65 per residential attached unit (condominium, apartment, townhouse, and duplex), and $1,180.35 per residential detached unit (single family), payable at the time of issuance of a building permit. The fees are adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance Fiscal Year 2021-22 Ending Fund Balance Revenues & Other Sources: Developer Fees Interest Income $142,061 ($845) Total Sources $141,216 Expenditures & Other Uses: Capital Projects $2,304 Total Uses $2,304 Total Available 1 $14,772 1 $138,912 $153,684 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2022 Revenues Remaining from FY2017-18 Revenues Remaining from FY2018-19 Revenues Remaining from FY2019-20 Revenues Remaining from FY2020-21 $12,467 Revenues Remaining from FY2021-22 $141,217 Total Ending Fund Balance $153,684 Five year test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures Total Project FY21-22 DIF % of Project % Funded Capital Improvement Projects Budget Expenditure Complete With DIF 210.265.718 - Pump Track $577,766 94.47% 100.00% 210.265.703 - Bike Lane and Trail Program $2,485,523 $2,304 12.82% 2.90% 210.265.785 - Nicolas Road Multi -Use Trail Ext. $450,000 0.0% 66.67% Total i 1 $2,304 City of Temecula STREET IMPROVEMENTS Government Code 66000 Calculation Fiscal Year 2021-22 The fees are collected based on the total cost of such improvements and number of peak hour vehicle trips generated by future development. The fee is $1,717.58 per residential attached unit (condominium, apartment, townhouse, and duplex), $2,453.64 per residential detached unit (single family), and $3.35 - $9.38 per square foot of floor area for commercial development, payable at the time of issuance of a building permit. The fees are adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance Fiscal Year 2021-22 Ending Fund Balance Revenues & Other Sources: Developer Fees Interest Income $737,638 ($8,912) Total Sources $728,726 Expenditures & Other Uses: Capital Projects $100,000 Total Uses $100,000 Total Available $836,819 $628,726 $1,465,545 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2022 Revenues Remaining from FY2017-18 Revenues Remaining from FY2018-19 Revenues Remaining from FY2019-20 $116,709 Revenues Remaining from FY2020-21 $620,110 Revenues Remaining from FY2021-22 $728,726 Total Ending Fund Balance $1,465,545 Five year test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures Capital Improvement Projects Total Project Budget FY21-22 DIF Expenditure % of Project Complete % Funded With DIF 210.265.783 - Overland Drive Widening $2,894,420 $100,000 9.54% 53.69% 210.265.622 - Medians & Parkways $894,838 74.52% 100.00% 210.265.648 - Murrieta Creek Bridge at Overland $26,073,374 2.93% 20.83% 210.265.791 - Rancho California Road Medians $3,855,000 28.48% 210.265.534 - Ynez Road Improvements - Ph 1 $2,000,000 0.00% 100.00% 210.265.535 - Ynez Road Improvements - Ph II 1 $6,571,766 5.28%1 14.79% Total 1 $100,000 City of Temecula TRAFFIC SIGNALS AND TRAFFIC CONTROL SYSTEMS Government Code 66000 Calculation Fiscal Year 2021-22 The fees are collected based on the total cost of such improvements and number of peak hour vehicle trips generated by future development. The fee is $243.11 per residential attached unit (condominium, apartment, townhouse, and duplex), and $347.33 per residential detached unit (single family), and $0.49-$1.33 per square foot of floor area from commercial development, payable at the time of issuance of a building permit. The fees are adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance Fiscal Year 2021-22 Ending Fund Balance Revenues & Other Sources: Developer Fees Interest Income $106,453 ($1,768) Total Sources $104,685 Expenditures & Other Uses: Capital Projects $486 Total Uses $486 Total Available $204,482 1 $104,199 $308,681 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2022 Revenues Remaining from FY2017-18 Revenues Remaining from FY2018-19 Revenues Remaining from FY2019-20 $115,472 Revenues Remaining from FY2020-21 $88,524 Revenues Remaining from FY2021-22 $104,685 Total Ending Fund Balance $308,681 Five year test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures Total Project FY21-22 DIF % of Project % Funded Capital Improvement Projects Budget Expenditure Complete With DIF 210.265.680 - Traffic Signal Equipment Enh. $3,136,788 26.72% 17.27% 210.265.682 - Traffic Signal Installation $2,652,683 $486 41.44% 55.78% Total $486 City of Temecula PARK and RECREATION IMPROVEMENTS Government Code 66000 Calculation Fiscal Year 2021-22 The fees are collected for park improvements based on the cost of improvements needed to maintain the City's existing ratio of improved park acreage to population. The fee for recreation facilities is based on the existing ratio of facility replacement cost to population. Because the fees are population driven, it only applies to residential developments. The fee is $2,901.20 per residential attached unit (condominium, apartment, townhouse, and duplex), and $4,049.59 per residential detached unit (single family), payable at the time of issuance of a building permit. The fees are adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance Fiscal Year 2021-22 Ending Fund Balance Revenues & Other Sources: Developer Fees Interest Income $487,376 ($9,767) Total Sources $477,609 Expenditures & Other Uses: Capital Projects $25,000 Total Uses $25,000 Total Available $1,226,597 $452,609 $1,679,206 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2022 Revenues Remaining from FY2017-18 Revenues Remaining from FY2018-19 $40,186 Revenues Remaining from FY2019-20 $732,969 Revenues Remaining from FY2020-21 $477,609 Revenues Remaining from FY2021-22 $428,442 Total Ending Fund Balance $1,679,206 Five year test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures Capital Improvement Projects Total Project Budget FY21-22 DIF Expenditure % of Project Complete % Funded With DIF 210.265.793 - Bike Lane & Trail - RRSP Trails $2,100,000 33.33% 210.265.692 - Margarita Rec Center $10,881,508 22.10% 5.51 % 210.265.730 - CRC Renovations $8,487,177 5.32% 22.64% 210.290.226 - Infill Recreational Amenities $400,000 75.00% 210.265.787 - Pickleball Courts $1,000,000 9.87% 25.00% 210.290.204 - Urban Forest Management Plan $376,230 $25,000 84.16% 13.90% Total $25,000 City of Temecula CORPORATE FACILITIES Government Code 66000 Calculation Fiscal Year 2021-22 Fees are collected for City administrative and maintenance facilities. The need for future space at the Civic Center is due to the demand of services housed at the Civic Center. The need for maintenance facilities is due to an increase in street and park maintenance. The fee is $356.92 per residential attached unit (condominium, apartment, townhouse, and duplex), $665.69 per residential detached unit (single family), and $0.22 - $0.65 per square foot of floor area for commercial developments, payable at the time of issuance of a building permit. The fees are adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance Fiscal Year 2021-22 Ending Fund Balance Revenues & Other Sources: Developer Fees Interest Income $304,133 ($1,600) Total Sources $302,533 Expenditures & Other Uses: Capital Projects ($2,838) Total Uses ($2,838) Total Available $305,371 $305,371 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2022 Revenues Remaining from FY2017-18 Revenues Remaining from FY2018-19 Revenues Remaining from FY2019-20 Revenues Remaining from FY2020-21 Revenues Remaining from FY2021-22 $305,371 Total Ending Fund Balance $305,371 Five year test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures Total Project FY21-22 DIF % of Project % Funded Capital Improvement Projects Budget Expenditure Complete With DIF 210.265.711 - Citywide Surveillance Cameras $3,391,785 ($2,838) 80.12% 18.84% 210.265.780 - Old Town Surveillance/Sound Sys $900,000 19.74% 44.00% Total ($2,838) City of Temecula FIRE PROTECTION FACILITIES Government Code 66000 Calculation Fiscal Year 2021-22 Fees are collected to provide future fire protection facilities and apparatus. The fee is $390.77 per residential attached unit (condominium, apartment, townhouse, and duplex), $842.15 per residential detached unit (single family), and $0.14 - $0.22 per square foot of floor area for commercial developments, payable at the time of issuance of building permit. The fee is adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance Fiscal Year 2021-22 Ending Fund Balance Revenues & Other Sources: Developer Fees Interest Income $89,490 ($743) Total Sources $88,747 Expenditures & Other Uses: Capital Projects $139,087 Total Uses $139,087 Total Available $50,340 1 ($50,340) Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2022 Revenues Remaining from FY2017-18 Revenues Remaining from FY2018-19 Revenues Remaining from FY2019-20 Revenues Remaining from FY2020-21 Revenues Remaining from FY2021-22 Total Ending Fund Balance Five year test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures Capital Improvement Projects Total Project Budget FY21-22 DIF Expenditure % of Project Complete % Funded With DIF 210.165.757 - Station 73 Repayment to General Fund $817,400 $139,087 78.53% 100.00% Total $139,087 City of Temecula LIBRARY Government Code 66000 Calculation Fiscal Year 2021-22 Fees are collected to provide future facilities and materials. Because these fees are population -driven, they apply only to residential development. The fee is $772.74 per residential attached unit (condominium, apartment, townhouse, and duplex), and $1,078.60 per residential detached unit (single family), payable at the time of issuance of building permit. The fee is adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance Fiscal Year 2021-22 Ending Fund Balance Revenues & Other Sources: Developer Fees Interest Income $472,820 ($3,171) Total Sources $469,649 Expenditures & Other Uses: Capital Projects Total Uses Total Available $124,213 $469,649 $593,862 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2022 Revenues Remaining from FY2017-18 Revenues Remaining from FY2018-19 Revenues Remaining from FY2019-20 Revenues Remaining from FY2020-21 $124,213 Revenues Remaining from FY2021-22 $469,649 Total Ending Fund Balance $593,862 Five year test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures Capital Improvement Projects Total Project Budget FY21-22 DIF Expenditure % of Project Complete % Funded With DIF 210.290.153 - Library Parking - Phase II $3,336,895 97.73% 67.79% Total City of Temecula POLICE FACILITIES Government Code 66000 Calculation Fiscal Year 2021-22 Fees are collected to provide future space for police facilities and equipment. The fee is $627.33 per residential attached unit (condominium, apartment, townhouse, and duplex), $354.58 per residential detached unit (single family), and $0.07 - $0.35 per square foot of floor area for commercial development, payable at the time of issuance of a building permit. The fee is adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index. Account Description Beginning Fund Balance Fiscal Year 2021-22 Ending Fund Balance Revenues & Other Sources: Developer Fees Interest Income $105,419 ($963) Total Sources $104,456 Expenditures & Other Uses: Capital Projects Total Uses Total Available $75,952 $104,456 $180,408 Five Year Revenue Test Using First In First Out Method Unspent Funds Represent Ending Fund Balance June 30, 2022 Revenues Remaining from FY2017-18 Revenues Remaining from FY2018-19 Revenues Remaining from FY2019-20 $984 Revenues Remaining from FY2020-21 $74,967 Revenues Remaining from FY2021-22 $104,457 Total Ending Fund Balance $180,408 Five year test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures Total Project FY21-22 DIF % of Project % Funded Capital Improvement Projects Budget Expenditure Complete With DIF 210.265.522 - Emerg Vehicle Preemption $352,000 70.08% 100.00% 210.265.711 - Citywide Surveillance Cameras $3,391,785 80.12% 15.56% 210.265.692 - Margarita Rec Center $10,881,508 22.10% 1.26% Total 1 1 $ - Notice of Public Hearing THE CITY OF TEMECULA 41000 Main Street Temecula, CA 92590 A PUBLIC HEARING has been scheduled before the CITY COUNCIL to consider the matter(s) described below. Case No: AB 1600 Annual Report Applicant: City of Temecula, California Location: Citywide Proposal: City Council to Receive and File Report Only Environmental Action: Not Applicable Any person may submit written comments to the City Council before the hearing or may appear and be heard in support of or opposition to the filing of the report at the time of hearing. Any petition for judicial review of a decision of the City Council shall be filed within the time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the City Council, shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. The proposed annual report may be viewed at the public information counter, Temecula Civic Center, City Clerk Department, 41000 Main Street, Monday through Friday from 8:00 a.m. until 5:00 p.m. Questions concerning the project(s) may be addressed to Jennifer Hennessy, Director of Finance, City of Temecula Finance Department, (951) 694-6430. PLACE OF HEARING City Council Chambers 41000 Main Street Temecula, CA DATE OF HEARING December 13, 2022 TIME OF HEARING 6:00 PM Item No. 17 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: December 13, 2022 SUBJECT: Receive Status Update and Provide Final Direction on the Public Recognitions Policy (At the Request of Subcommittee Members Alexander and Stewart) PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council receive a status update and provide final direction on the City's Public Recognition Policy. BACKGROUND: On November 9, 2021, Council Member Stewart requested that an item be placed on a future agenda to consider the creation of a memorial and monument policy (aka Public Recognitions Policy). On December 14, 2021, the City Council approved the creation of an ad hoc subcommittee consisting of Council Members Alexander and Stewart to work with staff on the creation of the policy. On February 15, 2022, the subcommittee met with staff to review existing resolutions, ordinances, policies and procedures for public recognitions and asked staff to conduct additional research of other cities' policies. On March 29, 2022, the subcommittee met with staff to review the additional research and make its final recommendations. On May 24, 2022, the full City Council consider the recommended framework for public recognitions and provided staff general direction to draft the policy. In June 2022, prior to the final policy being approved, the City Council directed that the subcommittee also review the inclusionary proclamations, including the Pride Proclamation, to determine options for presentation and signatories based on Council preference. On July 5, 2022, the subcommittee met with staff to review the additional assignment and were able to reach consensus on some items but not all. The subcommittee directed staff to bring the unresolved items back to subcommittee in November 2022 after the election and due to medical reasons. In October 2022, the City Council directed that the subcommittee also review resolutions of principle. On November 29, 2022, the subcommittee met again to discuss the outstanding items associated with the inclusionary proclamations and resolutions of principle and were able to reach to consensus on most items. It is now recommended that the full City Council receive a status update and provide final direction on the public recognitions policy. FISCAL IMPACT: None ATTACHMENTS: None Item No. 18 CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Peter M. Thorson, City Attorney DATE: December 13, 2022 SUBJECT: Approve Amendment No. 5 to City Manager Aaron Adams' Employment Agreement RECOMMENDATION: That the City Council approve the Amendment No. 5 to City Manager Aaron Adams' Employment Agreement. DISCUSSION: On June 11, 2013 the City Council approved the Employment Agreement for Aaron Adams as the City Manager. The Employment Agreement was amended on February 14, 2017, July 1, 2017, June 11, 2019 and May 10, 2022. At the closed session on November 29, 2022, Council directed the City Attorney to prepare an amendment to Mr. Adams' employment agreement changing certain terms. The following modifications to the term and severance payment provisions will be made to Mr. Adams' Employment Agreement by Amendment No. 5: 1. Term (Section 2 of Agreement). The term of the Agreement is extended to December 30, 2026. 2. Severance Pay (Section 6 of Agreement). A. In the event Mr. Adams is terminated by the City Council by a unanimous vote, of the full City Council, City shall pay Mr. Adams a lump sum severance benefit equal to twelve (12) months of his then -monthly salary, or such time as is remaining on the term of the Agreement, whichever is less, -subject to the provisions of Section 6.C. of the Agreement. B. In the event Mr. Adams is terminated by the City Council without a unanimous vote of the full City Council, City shall pay Mr. Adams a lump sum severance benefit equal to eighteen (18) months of his then -monthly salary, or such time as is remaining on the term of the Agreement, whichever is less, -subject to the provisions of Section 6.C. of the Agreement. C. Section 6.0 of the Agreement provides, and will continue to provide, that Mr. Adams shall not receive severance payments in the event that: (1) Mr. Adams is terminated because of his conviction of a felony or the filing of a criminal charge against him alleging a felony which subsequently results in his conviction of a felony; or (2) Mr. Adams has engaged in corrupt or willful misconduct in office, including any illegal act involving personal gain. D. In the event Chapter 2.12 or other provisions of the Municipal Code relating to the city manager form or government are amended without the consent of Mr. Adams, and such amendment is inconsistent with the terms of the Agreement, then Mr. Adams shall have the right to give the City Council 30 days' notice that such amendment constitutes involuntary resignation. Mr. Adams shall then be entitled to resign and City shall pay Mr. Adams a lump sum severance benefit equal to eighteen (18) months of his then -monthly salary, or such time as is remaining on the term of the Agreement, whichever is less. FISCAL IMPACT: If the proposed Employment Agreement is approved, there could be additional costs for severance payments depending on the grounds for termination or involuntary resignation, the Council vote, and the City Manager's salary and benefits at the time of the termination or involuntary resignation. ATTACHMENTS: 1. Proposed Amendment No. 5 to Employment Agreement for Aaron Adams 2. Original Employment Agreement for Aaron Adams with Amendments 1 to 4 12-1-22 AMENDMENT NO.5 TO CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN CITY OF TEMECULA AND AARON ADAMS The Employment Agreement ("Agreement") by and between the City of Temecula, a California Municipal Corporation ("City" or "Employer"), and Aaron Adams, an individual ("Employee"), made and entered into as of June 1, 2013, as previously amended, is hereby further amended as provided in this Amendment No. 5. This Amendment No. 5 is effective December 13, 2022, except as otherwise indicated. In consideration of the mutual covenants hereinafter contained the parties agree as follows: 1. Recitals. This Agreement is made with respect to the following purposes and facts that each party acknowledges to be true and correct: A. The Parties previously entered into the Agreement as of June 1, 2013, as amended by Amendment No. 1, approved February 4, 2017; Amendment 2, approved May 9, 2017; Amendment No. 3, approved June 1, 2019 and Amendment No. 4 dated May 10, 2022. B. City and Employee desire to amend the Agreement according to the terms of this Amendment No. 5, as provided below. 2. Term. Section 3 (Term) Paragraph A and B of the Agreement are amended to read as follows: "A. The term of this Agreement is further extended to December 30, 2026, unless sooner terminated as provided in Paragraph 6 of this Agreement." "B. The term of this Agreement may be extended by mutual agreement of the parties in a written amendment to this Agreement or by a new written agreement, duly adopted by the City Council. Provided this Agreement is still in force, the City Council shall advise Employee on or before June 30, 2026 if the City Council intends to negotiate an extension of this Agreement. Employee shall remind the City Council during the month of May 2026 of the requirement for an indication of its intent. Should the parties decide to negotiate an extension, neither party is required to reach agreement." 3. Termination and Resignation. Section 6 (Termination and Resignation), Paragraphs A and B, of the Agreement are amended to read as follows: "6. Termination and Resignation. Section 6 (Termination and Resignation) of the Agreement is amended to read as follows: "A. Employee is an at -will employee serving at the pleasure of the City Council, subject to the terms of this Agreement. City Council may terminate this Agreement and the employment of Employee at any time without notice and with or without cause. Termination shall require the affirmative votes of three Council Members. -1- 12774-0001\2750225v2.doc 12-1-22 "B. Severance Benefit 1. Termination. In the event Employee is terminated by the City Council by a unanimous vote, of the full City Council, City shall pay Employee a lump sum severance benefit equal to twelve (12) months of his then -monthly salary (salary as of the final day of employment), or such time as is remaining on the term of the Agreement, whichever is less, subject to the provisions of Section 6.C. of the Agreement. In the event Employee is terminated by the City Council without a unanimous vote of the full City Council, City shall pay Employee a lump sum severance benefit equal to eighteen (18) months of his then -monthly salary (salary as of the final day of employment), or such time as is remaining on the term of the Agreement, whichever is less, -subject to the provisions of Section 6.C. of the Agreement. City shall also provide to Employee, at no cost to Employee, health benefits provided by Paragraph 5.B. of this Agreement: (1) for the number of months of severance as described above, (2) until Employee finds other employment; or (3) until Employee files for retirement with CaIPERS, whichever occurs first. Employee shall not be entitled to retirement or leave benefits during this period, or any other benefit not permitted by law. These severance benefits shall not apply if Employee voluntarily resigns or if this Agreement expires without a written amendment extending it. 2. InvoLqntM Resignation. Employee has relied upon the provisions of Government Code Sections 34851 to 34959 and Chapter 2.12 of the Temecula Municipal Code establishing the City Manager form of Government in entering into this Agreement, as it pertains to Employee's terms and conditions of employment, including but not limited to his role, powers, duties, authority, responsibilities, compensation and benefits. In the event Chapter 2.12 or other provisions of the Municipal Code are amended without the consent of Employee, and such addition, deletion or amendment is inconsistent with the terms of this Agreement and Employee's terms and conditions of employment, including but not limited to his role, powers, duties, authority, responsibilities, compensation and benefits as currently provided, then Employee shall have the right, at Employee' s sole option, to give the City Council notice that such amendment(s) constitute involuntary resignation and Employee shall be entitled to resign and City shall pay Employee a lump sum severance benefit equal to eighteen (18) months of his then -monthly salary (salary as of the final day of employment), or such time as is remaining on the term of the Agreement, whichever is less. Upon receipt of such notice the City Council shall have thirty days in which to do one of the following: (a) rescind the amendment(s); (b) renegotiate this Agreement to Employee's satisfaction; or (c) take no action. In the event that either (c) occurs, or the City is unable to accomplish (b), then Employee shall be entitled to resign and still receive the severance benefits provided in this Section 6.B. "C. City shall not be obligated to provide the severance benefits designated in Paragraph 6.B in the event that: (1) Employee is terminated because of his conviction of a felony or the filing of a criminal charge against him alleging a felony which subsequently results in his conviction of a felony (including a plea of nolo contendre thereto); or (2) Employee has engaged in corrupt or willful misconduct in office, including any illegal act involving personal gain. In the event Employee is terminated by City following the filing of felony charge or charges, Employee shall be entitled to such severance benefits commencing at the time a final judgment is rendered -2- 12774-0001\2750225v2.doc 12-1-22 or disposition of the charges is made establishing that Employee did not commit the acts for which he was charged unless it is otherwise established that Employee has engaged in corrupt or willful misconduct in office, including any illegal act involving personal gain. "D. Upon termination, separation, or expiration of Employee's employment as City Manager, City shall pay to Employee the lump sum cash equivalent of all of the remaining leaves to which Employee is entitled under this Agreement. "E. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from his position with City, subj ect only to Employee providing sixty (60) days prior written notice to the City or such shorter period as approved in writing by the City Council. "F. Notwithstanding the above, it is also understood and agreed that Employee shall be retained a minimum of six (6) months following the date of certification of any municipal election at which a new councilmember is elected to the Council, thereby allowing the new City Council adequate time to assess the Employee's performance. If Employee is terminated at the end of this six month period following such an election, the provisions of this Section shall apply to such action. "G. Any other term of this Agreement notwithstanding, the maximum severance and health benefits that Employee may receive under this Agreement as a result of termination shall not exceed the limitations provided in Government Code § § 53260-53264. Further, in the event Employee is convicted of a crime involving an abuse of office or position, Employee shall reimburse the City for any paid leave or cash settlement (including severance), as provided by Government Code Sections 53243 53243.4." 4. No Other Changes. Except as expressly modified in this Amendment No. 5, all provisions of the Agreement, as previously amended, shall remain in full force and effect. -3- 12774-0001\2750225v2.doc 12-1-22 IN WITNESS WHEREOF the parties have executed this Amendment No. 5 as of the date first written above. CITY OF TEMECULA Matt Rahn Mayor EMPLOYEE Aaron Adams ATTEST: Randi Johl, JD, MMC City Clerk APPROVED AS TO FORM: Peter M. Thorson City attorney In 12774-0001\2750225v2.doc AMENDMENT NO.4 TO CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN AARON ADAMS AND CITY OF TEMECULA The Employment Agreement ("Agreement") by and between the City of Temecula, a California Municipal Corporation ("City" or "Employer"), and Aaron Adams, an individual ("Employee"), made and entered into as of June 1, 2013, as previously amended, is hereby further amended as provided in this Amendment No. 4. This Amendment No. 4 is effective May 10, 2022, except as otherwise indicated. In consideration of the mutual covenants hereinafter contained the parties agree as follows: 1. Recitals. This Agreement is made with respect to the following purposes and facts that each party acknowledges to be true and correct: A. The Parties previously entered into the Agreement as of June 1, 2013, as amended by Amendment No. 1, approved February 4, 2017; Amendment 2, approved May 9, 2017; and Amendment No. 3, approved June 1, 2019. B. Pursuant to its terms, the Agreement, as amended, expires June 30, 2024, provided it is not sooner terminated, as set forth in Amendment No. 3. C. City and Employee desire to amend the Agreement according to the terms of this Amendment No. 4, as provided below. 2. Salary. Section 4 (Salary), as previously amended by Amendments No. 1, No. 2, and No. 3, is further amended to read as follows: A. Paragraph A is amended to read: "Except as otherwise expressly provided in the Agreement or this amendment, effective July 1, 2021, Employee shall receive a 6% raise in salary, to $274,206." B. Paragraph B is amended to read: "Effective July 1, 2022, and each July 1 thereafter, unless otherwise provided herein, Employee shall be entitled to the higher of either: 1) a cost of living adjustment ("COLA") in base salary as described in subsection B. 1; or 2) an increase such that Employee's base salary as City Manager is at least 10% higher than the top step of the base salary range of the City's next highest paid classification as described in subsection 13.2. 1. The COLA shall be the lower of either the percentage change in the Annual Consumer Price Index (CPI) for Urban and Clerical Workers for Riverside -San Bernardino -Ontario, CA for the prior calendar year as compared to the Annual CPI of two calendar years prior, or 3%, but not less than 0%. For example, the July 1, 2022 COLA will be the percentage change between the 2021 Annual CPI and the 2020 Annual CPI, subject to a minimum of 0% and a maximum of 3%. 11086-0001\2644805v1.doc - 1 - 2. Consistent with the City's Classification and Compensation plan, the Employee, as City Manager, shall be the highest paid employee of the City. The annual base salary of the City Manager shall never be less than 10% higher than the top step of the base salary range of the City's next highest paid classification. Any change to the City Manager's salary in order to comply with this provision shall not be effective until adopted by the City Council during an open session of a duly noticed public meeting and included on a publically available pay schedule. Except as mutually agreed, such increase will be retroactive to the date of the increase for the next highest paid employee that required action under this Paragraph." 3. The City and Employee shall revisit and review this Agreement prior to December 31, 2022. 4. Except as expressly modified in this Amendment No. 4, all provisions of the Agreement, as previously amended, shall remain in full force and effect. IN WITNESS WHEREOF the parties have executed this Amendment No. 4. CITY OF TEMECULA Matt Rahn Mavor Aaron Adams City Manager ATTES Randi , JD, MMC City Clerk APPROVED AS TO FORM: Peter M. Thorson City Attorney 11086-0001\2644805v1.doc - 2 - AMENDMENT NO. 3 TO CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN AARON ADAMS AND CITY OF TEMECULA The Employment Agreement ("Agreement") by and between the City of Temecula, a California Municipal Corporation ("City" or "Employer"), and Aaron Adams, an individual, ("Employee"), made and entered into as of June 1, 2013, as previously amended, is hereby further amended as provided in this Amendment No. 3 ("Amendment No. 3"). This Amendment No. 3 is effective July 1, 2019, except as otherwise indicated. In consideration of the mutual covenants hereinafter contained the parties agree as follows: 1. Recitals. This Agreement is made with respect to the following purposes and facts that each party acknowledges to be true and correct: A. The Parties previously entered into the Agreement as of June 1, 2013, as amended by Amendment No. 1, approved February 14, 2017, and Amendment No. 2, approved May 9, 2017. B. Pursuant to its terms, the Agreement, as amended, expires June 30, 2021, provided it is not sooner terminated, as set forth in the Agreement. C. The Parties desire to continue of their employment relationship beyond expiration of the Agreement and have negotiated, personally or by their representatives, terms for an extension of the Agreement. D. City and Employee desire to extend and amend the Agreement according to the terms of this Amendment No. 3, as provided below. 2. Term. Section 3 (Term) Paragraph A and B of the Agreement are amended to read as follows: A. "The term of this Agreement, originally set for June 1, 2013 to June 30, 2017 and subsequently extended to June 30, 2021 is further extended to June 30, 2024, unless sooner terminated as provided in Paragraph 6 of this Agreement." B. "The term of this Agreement may be extended by mutual agreement of the parties in a written amendment to this Agreement or by a new written agreement, duly adopted by the City Council. Provided this Agreement is still in force, the City Council shall advise Employee on or before December 31, 2023 if the City Council intends to negotiate an extension of this Agreement. Employee shall remind the City Council during the month of November 2023 of the requirement for an indication of its intent. Should the parties decide to negotiate an extension, neither party is required to reach agreement." 3. Salary. Section 4 (Salary), paragraphs A and B of the Agreement, as previously amended by Amendments No. 1 and No. 2, are further amended to read as follows: A. "Except as otherwise expressly provided in the Agreement or this Amendment, effective July 1, 2019, Employee shall receive a base salary of $245,863.00." -1- B. "Effective July 1, 2020, 2021, 2022 and 2023 Employee shall be entitled to a cost of living adjustment in base salary. The COLA shall be the lower of either the percentage change in the Annual Consumer Price Index (CPI) for Urban and Clerical Workers for Riverside -San Bernardino -Ontario, CA for the prior calendar year as compared to the Annual CPI of two calendar years prior, or 3%, but not less than 0%. For example, the July 1, 2020 COLA will be the percentage change between the 2019 Annual CPI and the 2018 Annual CPI, subject to a minimum of 0% and a maximum of 3%" 4. Deferred Compensation and Retirement. Section 5 (Hours of Work, Retirement, Insurance, Leaves and Holidays), paragraph C is amended as follows: C. "(1) In addition to base salary and other benefits, City shall make an employer contribution as provided in the table below to an Internal Revenue Code section 457(b) plan maintained by City. Employer contributions will be prorated and paid each pay period and will also be prorated for partial years. Employee will not be eligible for employer contributions if he resigns or is terminated prior to the commencement of contributions, as listed below and Employee is not eligible for pro- rated contributions following termination." Effective Date Annual Employer Paid Contribution* 7/1/1.9 - 6/30/20 $19,000 or IRS Prorated Each Pay Period Maximum, if greater 7/l/20 - 6/30/21 $19,000 or IRS Prorated Each Pay Period Maximum, if greater 7/1/21 - 6/30/22 $19,000 or IRS Prorated Each Pay Period Maximum, if greater 7/l/22 - 6/30/23 $25,000 or IRS Prorated Each Pay Period Maximum, if greater 7/l/23 - 6/30/24 $25,000 or IRS Prorated Each Pay Period Maximum, if greater *Contributions are subject to IRS and Internal Revenue Code limits and requirements. "(2) Employer shall establish a defined contribution Internal Revenue Code section 401(a) governmental profit sharing plan through either Nationwide Retirement Solutions or ICMA-RC or may establish a new group for Employee under an existing City 401(a) plan. In addition to base salary and other benefits, City shall make an employer contribution to the 401(a) plan as provided in the table below. Employer contributions will be prorated and paid each pay period and will also be prorated for partial years. If the plan is established after July 1, 2019,.the initial contribution may include the period from July 1, 2019 to the day of the first contribution, to the extent that contribution is permissible under the plan document and IRS limitations. Employee will not be eligible for employer contributions if he resigns or is terminated -2- prior to the commencement of contributions, as listed below and Employee is not eligible for pro -rated contributions following termination." Effective Date Annual Employer Contribution* Paid 7/1/19 - 6/30/24 $10,000/year Prorated Each Pay Period *Contributions are subject to IRS and Internal Revenue Code limits and requirements. 5. Automobile Allowance. Effective July 1, 2019, the amount of the automobile allowance provided in Paragraph 8 (Automobile) of the Agreement is changed from $500 each month to $600 each month. 6. Except as expressly modified in this Amendment No. 3, all provisions of the Agreement, as previously amended, shall remain in full force and effect. IN WITNESS WHEREOF the parties have executed this Amendment No. 3. Att Ran i Johl, City Clerk Approved As to Form: Peter M. Thorson City Attorney CITY OF TEMECULA V� Michael S. Naggar Mayor Aaron Adams -3- AMENDMENT NO. 2 TO CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN AARON ADAMS AND CITY OF TEMECULA The Employment Agreement ("Agreement") by and between the City Of Temecula, a California Municipal Corporation ("City"), and Aaron Adams, an individual, ("Employee"), made and entered into as of June 1, 2013, as amended by Amendment No. 1, approved February 14, 2017, is hereby further amended as provided in this Amendment No. 2 ("Amendment No. 2"). This Amendment No. 2 is effective July 1, 2017. In consideration of the mutual covenants hereinafter contained the parties agree as follows: 1. Recitals. This Agreement is made with respect to the following purposes and facts that each party acknowledges to be true and correct: A. The Parties previously entered into the Agreement as of June 1, 2013, and Amendment No. 1, approved February 14, 2017, B. The City and its Management, Confidential and Executive Management Employees, pursuant to the Management Compensation Plan, have initiated a shift in the payment of a portion of the Public Employees' Retirement System (PERS) retirement contributions formerly paid by the City to covered employees implemented with an offsetting change in base salary. C. The Parties desire to implement a similar 3% shift in retirement plan contributions from the City to Employee with a corresponding salary adjustment. D. City and Employee desire to further amend the Agreement and Amendment No. 1 according to the terms of this Amendment No. 2, as provided below. 2. Salary. Section 4 (Salary), paragraph A of the Agreement, as amended by Amendment No. 1, is further amended to read as follows: A. "Except as otherwise expressly provided in the Agreement or in Amendment No. 1, effective July 1, 2017 Employee shall receive a base salary of $231,750.00." 3. Retirement. Section 5 (Hours of Work, Retirement, Insurance, Leaves and Holidays), is amended by adding following sentences to the end of Paragraph B: "Employee shall pay three percent (3%) of the PERS employer contribution beginning July 1, 2017. The City will pay the Member Contribution (EPMC), required by the Public Employees' Retirement System to maintain the current level of benefits and report the value of the Employer Paid Member Contribution as Special Compensation to PERS, The City will pay the cost of this Special Compensation benefit, the "PERS on PERS" cost, to the extent permitted by law. This provision shall not be effective unless and until the City completes all applicable approvals and process required by law." 4. Healthcare Insurance. Pursuant to Paragraph 5.13, unless otherwise expressly provided in the Agreement, as amended, all changes in Executive Management Group healthcare benefits (including cafeteria and Health Flex contributions) are determined by the City Council to apply to Employee. 5. Unless otherwise indicated, this Amendment No. 2 is effective July 1, 2017. Except as expressly modified in this Amendment No. 2, all provisions of the Agreement, as previously amended, shall remain in full force and effect. IN WITNESS WHEREOF the parties have executed this Amendment No. 2. CITY OF TEMECULA Ma ann Ed ards Ma or EMPLOYEE -aAL Aaron Adams Attest: Rani ohl, City Clerk Approved As to Form: Peter M. Thorson City Attorney AMENDMENT NO. 1 TO CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN AARON ADAMS AND CITY OF TEMECULA The Employment Agreement ("Agreement") by and between the CITY OF TEMECULA, a California Municipal Corporation ("City"), and Aaron Adams, an individual, ("Employee"), made and entered into as of June 1, 2013 is hereby amended as provided in this Amendment No. 1 ("Amendment"). This Amendment is effective July 1, 2017. In consideration of the mutual covenants hereinafter contained the parties agree as follows: l . Recitals. This Agreement is made with respect to the following purposes and facts that each party acknowledges to be true and correct: A. The Parties previously entered into the Agreement as of June 1, 2013, as cited above. B. Pursuant to its terms, the Agreement was set to expire on June 30, 2017, unless sooner terminated, as provided in the Agreement, or extended by agreement of the Parties. C. The Parties or their representatives have negotiated terms for extension of the Agreement, as set forth in this Amendment. D. City and Employee desire to amend and extend the Agreement according to the terms of this Amendment, continuing their employment relationship without interruption. 2. Term. Section 3 (Term), Paragraphs A and B of the Agreement are amended to read as follows: A. "The term of the Agreement, originally set for June 1, 2013 to June 30, 2017 is extended to June 30, 2021, unless sooner terminated as provided in Paragraph 6 of the Agreement." B. "The term of this Agreement may be further extended by mutual agreement of the parties in a written amendment to this Agreement or by a new written agreement, duly adopted by the City Council. Provided this Agreement is still in force, the City Council shall advise Employee on or before December 31, 2020 if the City Council intends to negotiate an extension of this Agreement. Employee shall remind the City Council during the month of November 2020 of the requirement for an indication of its intent. Should the parties decide to negotiate an extension; neither party is required to reach agreement." 3. Salary. Section 4 (Salary), paragraphs A and B of the Agreement are amended to read as follows: A. "Except as otherwise expressly provided in the Agreement or this Amendment, effective July 1, 2017 Employee shall continue to receive his existing salary of $225,000.00 without change." -1- B. "Prior to July 1 2019, Employee shall not be entitled to cost of living increases in the salary as may otherwise be provided to general or Executive Management Group employees. On July 1, 2019 and July 1, 2020, Employee shall be entitled a cost of living increase in salary, based on an increase in the `Cost of Living' as defined in California Government Code § 351 1.1, as it currently exists or may be modified in the future. The cost -of - living adjustment will be calculated by comparing the April index number published for the current year (2019 or 2020) to the corresponding index number for April one year earlier (2018 or 2019) in the California Consumer Price Index for Urban Wage Earners and Clerical Workers for Los Angeles/Riverside/Orange County as calculated by the Department of Industrial Relations. Any change to the City Manager's salary in order to comply with this provision shall not be effective until adopted by the City Council during an open session of a duly noticed public meeting and included on a publically available pay schedule. Except as mutually agreed, such increase will be retroactive to the beginning of the fiscal year (July 1, 2019 or July 1, 2020, as applicable)." 4. Deferred Compensation and Executive Leave. Section 5 (Hours of Work, Retirement, Insurance, Leaves and Holidays) paragraphs C and E are amended by adding the terms provided below. The table at the end of Paragraph C is augmented by adding the following additional line: Effective Date Annual Employer Contribution Paid 7/ 1 / 17 — 6/30/21 $18,000.00/year Prorated Each Pay Period The following sentences are added to the end of Paragraph E: "Contrary terms notwithstanding, effective July 1, 2017, Employee shall accrue a maximum of 80 hours of Executive Leave for the applicable benefit year (prorated for partial years). All other terms for Executive Leave not inconsistent with this limit will apply to Employee." 5. Severance. Section 6 (Termination and Resignation), Paragraph C of the Agreement is amended to read as follows. C. "In the event Employee is terminated by the City Council, City shall pay Employee a lump sum severance benefit equal to either the number below of his then -monthly salary (salary as of the final day of employment), or such time as is remaining on the term of the Agreement, whichever is less, subject to the provisions of Section 6.C. of the Agreement. City shall also provide to Employee, at no cost to Employee, health benefits provided by Paragraph S.B. of this Agreement: (1) for the number of months below, (2) the remaining term of this Agreement or (3) until Employee finds other employment, whichever occurs first. Employee shall not be entitled to retirement or leave benefits during this period, or any other benefit not permitted by law. These severance benefits shall not apply if Employee resigns or if this Agreement expires without a written amendment extending it." -2- Termination Date Severance Benefit Health Benefits 711/17 — 6/30/19 Nine (9) Months of Employees (1) Nine (9) months, (2) the then -monthly salary remaining term of this Agreement or (3) until Employee finds other employment, whichever occurs first. 7/ 1 / 19 — 6/3 0/21 Twelve (12) Months of (1) Twelve (12) months, (2) Employee's then -monthly salary the remaining term of this or such time as is remaining on Agreement or (3) until the term of the Agreement. Employee finds other employment, whichever occurs first. 6. Unless otherwise indicated, this Amendment is effective July 1, 2017. Except as expressly modified in this Amendment, all provisions of the Agreement shall remain in full force and effect. [Signature on Next Page.] -3- IN WITNESS WHEREOF the parties have executed this Amendment as of the day and year first above written. Attest: Randi Johl, City Clerk Approved As to Form: Peter M. Thorson City Attorney CITY OF TEMECULA M ann wards Mayor EMPLOYEE Aaron Ada s -4- CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN AARON ADAMS AND CITY OF TEMECULA THIS EMPLOYMENT AGREEMENT ("Agreement") is made and entered into as of June 1, 2013, by and between the CITY OF TEMECULA, a California Municipal Corporation ("City"), and Aaron Adams, an individual, ("Employee"). In consideration of the mutual covenants hereinafter contained the parties agree as follows: I. Recitals. This Agreement is made with respect to the following purposes and facts that each party acknowledges to be true and correct: A. Employee is currently employed by City as its Interim City Manager and previously served City as its Executive Director of Community Services. B. City desires to engage and retain the services of Employee, and Employee desires to accept employment as the regular City Manager of the City of Temecula. C. The City Council desires to encourage the highest standards of fidelity and public service on the part of Employee. D. The Parties desire to provide a reasonable degree of employment security during the term of this Agreement, while providing a just means for terminating Employee's services, should cause exist. E. The parties further desire to establish certain benefits and certain conditions of Employee's employment. 2. Duties. City agrees to employ Employee as City Manager of City to perform the functions and duties specified in the Temecula Municipal Code and the California Government Code and to perform such other legally permissible and proper duties and functions as may be assigned from time to time. At the option of City, Employee shall also serve as Executive Director of or a representative to any authority or agency created by or staffed by City. Employee shall not consult or engage in other non -City connected business or consulting without the prior knowledge and express written approval of the City Council; provided however, Employee shall be permitted to instruct, write, teach and lecture on Employee's time off. 3. Term. A. The term of this Agreement shall commence on June 1, 2013 and shall terminate on June 30, 2017, unless sooner terminated as provided in Paragraph 6 of this Agreement. B. The term of this Agreement may be extended by mutual agreement of the parties in a written amendment to this Agreement or by a new written agreement, duly adopted by the City Council. Provided this Agreement is still in force, the City Council shall advise Employee on or before December 31, 2016 if the City Council intends to negotiate an extension of this Agreement. Employee shall remind the City Council during the month of November -- Error! Unknown document property name. 2016 of the requirement for an indication of its intent. Should the parties decide to negotiate an extension, neither party is required to reach agreement. 4. Salary. A. Effective as of June 1, 2013, City shall pay Employee an annual salary as reflected in the table below. The parties acknowledge that Employee's salary at the inception of this Agreement continues his existing salary without change. The annual salary will be prorated and paid on City's normal paydays, subject to legally permissible or required withholding. Employee's salary is compensation for all hours worked and for all services under this Agreement, including those as an Executive Director or involving any other position, office or appointment associated with the City. Effective Date Annual Salary Monthly Equivalent 6/1/13—10/31/13 $192,000.00 $16,000.00 11 / 1 / 13 — 4/3 0/ 14 $200,000.00 $16,666.67 5/1/14 — 4/30/15 $210,000.00 $17,500.00 511115 — 4/30/16 $215,000.00 $17,916.67 5/1/16 — 6/30/17 $225,000.00 $18,750.00 B. Employee shall not be entitled to cost of living increases in the salary as may otherwise be provided to general or Executive Management Group employees. C. Other provisions of this section notwithstanding and consistent with the City's Classification and Compensation plan, the Employee, as City Manager, shall be the highest paid employee of the City. Any change to the City Manager's salary in order to comply with this provision shall not be effective until adopted by the City Council during an open session of a duly noticed public meeting and included on a publically available pay schedule. Except as mutually agreed, such increase will be retroactive to the date of the increase for the next highest paid employee that required action under this Paragraph C. 5. Hours of Work, Retirement, Insurance, Leaves, and Holidays. A. Employee's duties may involve expenditures of time in excess of eight (8) hours per day, forty (40) hours per week, and may also include time outside normal office hours such as attendance at City Council and other meetings. Employee's salary is compensation for all hours worked and Employee shall be exempt from paid overtime compensation. B. Employee shall be entitled to such retirement, insurance and other fringe benefits as are provided in the benefits package for employees in the Executive Management Group, except as otherwise provided in this Agreement. Such fringe benefits shall be subject to the terms and conditions of the applicable plan, policy or other controlling documents and shall -2- Error! Unknown document property name. be paid on the same basis as paid for employees in the Executive Management Group. Except as otherwise required by law or by contract with any benefit provider, changes in such benefits shall not apply to Employee, unless and until so determined by action of the City Council. C. . In addition to base salary and other benefits, City shall make an employer contribution as provided in the table below to an Internal Revenue Code section 457(b) or 401(a) plan maintained by City. In the event more than one plan is available, the plan to which contributions are made will be determined by Employee to the maximum extent permitted by law. Employer contributions will be prorated and paid,each pay period and will also be prorated for partial years. Employee will not be eligible for employer contributions if he resigns or is terminated prior to the commencement of contributions, as listed below and Employee is not eligible for pro -rated contributions following termination. Effective Date Annual Employ Contribution Paid 6/1/13 — 6/30/14 $0 $0 7/1/14 — 6/30/15 $0 $0 7/1/15 — 6/30/16 $6,000.00 Prorated Each Pay Period 7/1/16 — 6/30/17 $11,000.00 Prorated Each Pay Period D. Employee shall be entitled to Comprehensive Annual Leave on the same terms, conditions, limitations, and restrictions as apply to employees in the Executive Management Group. Contrary terms notwithstanding, Employee's maximum accumulation shall be 800 hours of unused Comprehensive Annual Leave and Employee may cash out accumulated unused Comprehensive Annual Leave of not more than 250 hours annually at the same time as other employees. Once Employee reaches the maximum accumulation limit, Employee will stop earning additional Comprehensive Annual Leave until his balance falls below the limit. E. Employee shall be entitled to such paid holidays and leaves as are provided to employees in the Executive Management Group. F. This Agreement is intended to continue the employment of Employee without interruption. Employee's seniority, employment anniversary date and accumulated leaves shall remain in effect and shall not be terminated or modified by this Agreement notwithstanding the provisions of Paragraph 13.A. of this Agreement. 6. Termination and Resignation. A. Employee is an at -will employee serving at the pleasure of the City Council, subject to the terms of this Agreement. City Council may terminate this Agreement and the employment of Employee at any time without notice and with or without cause. Termination shall require the affirmative votes of three Council Members. -3- Error! Unknown document property name. B. In the event Employee is terminated by the City Council, City shall pay Employee a lump sum severance benefit equal to six (6) months of his then -monthly salary (as of the final day of employment), or such time as is remaining on the term of this Agreement, whichever is less, subject to the provisions of Section 6.C. of this Agreement. City shall also provide to Employee, at no cost to Employee, health benefits provided by Paragraph 5.B. of this Agreement: (1) for six (6) months, (2) the remaining term of this Agreement or (3) until Employee finds other employment, whichever occurs first. Employee shall not be entitled to retirement or leave benefits during this period, or any other benefit not permitted by law. These severance benefits shall not apply if Employee resigns or if this Agreement expires without a written amendment extending it. C. City shall not be obligated to provide the severance benefits designated in Paragraphs 6.A. and 6.13 in the event that: (1) Employee is terminated because of his conviction of a felony or the filing of a criminal charge against him alleging a felony which subsequently results in his conviction of a felony (including a plea of nolo contendre thereto); or (2) Employee has engaged in corrupt or willful misconduct in office, including any illegal act involving personal gain. In the event Employee is terminated by City following the filing of felony charge or charges, Employee shall be entitled to such severance benefits commencing at the time a final judgment is rendered or disposition of the charges is made establishing that Employee did not commit the acts for which he was charged unless it is otherwise established that Employee has engaged in corrupt or willful misconduct in office, including any illegal act involving personal gain. D. Upon termination, separation, or expiration of Employee's employment as City Manager, City shall pay to Employee the lump sum cash equivalent of all of the remaining leaves to which Employee is entitled under this Agreement. E. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from his position with City, subject only to Employee providing sixty (60) days prior written notice to the City or such shorter period as approved in writing by the City Council. F. Notwithstanding the above, it is also understood and agreed that Employee shall be retained a minimum of six (6) months following any municipal election at which a new councilmember is elected to the Council, thereby allowing the new City Council adequate time to assess the Employee's performance. If Employee is terminated at the end of this six month period following such an election, the provisions of this Section shall apply to such action. G. Any other term of this Agreement notwithstanding, the maximum severance and health benefits that Employee may receive under this Agreement as a result of termination shall not exceed the limitations provided in Government Code §§ 53260-53264. Further, in the event Employee is convicted of a crime involving an abuse of office or position, Employee shall reimburse the City for any paid leave or cash settlement (including severance), as provided by Government Code Sections 53243 — 53243.4. ME Error! Unknown document property name. 7. Performance Evaluation. A. The City Council shall review and evaluate the performance of Employee approximately six (6) months after commencement of this Agreement (approximately November 2013) and annually thereafter (approximately June 2014 and each year thereafter). Said review and evaluation shall be in accordance with specific criteria developed jointly by the City Council and Employee. Said criteria may be added to or deleted from as the City Council may from time to time determine after consultation with Employee. The Mayor shall provide Employee with a summary written statement of the findings of the City Council and provide an adequate opportunity for Employee to discuss his evaluation with the City Council. Employee will request and schedule such reviews, as appropriate pursuant to City agenda procedures or as otherwise directed by City Council. Nothing in this paragraph is intended to limit additional interim evaluations or review or to limit the normal communications process between the City Council and Employee. B. Annually, the City Council and Employee shall define such goals and performance objectives which they determine necessary for the proper operation of the City and in the attainment of the City Council's policy objectives, and shall further establish a relative priority among those various goals and objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limitations as specified and the annual operating and capital budget appropriations provided. 8. Automobile. Employee's duties require that he shall have the exclusive and unrestricted use of a vehicle at all times during his employment with the City. In lieu of providing Employee with a City vehicle for his exclusive use, City shall provide an automobile allowance of five hundred dollars ($500.00) each month and shall reimburse Employee for mileage, only for attendance at required meetings outside of City limits, at the mileage rate allowed by the Internal Revenue Service for mileage reimbursement. In the event Employee must travel to meetings in inclement weather, unusual road conditions, or for the transport of larger groups of individuals in the course of his City duties, Employee shall be allowed business related use of a City fleet vehicle. No mileage reimbursement will be granted for Employee's use of City fleet vehicles. 9. Memberships. City agrees to pay Employee's membership dues in the International City/County Management Association and Employee shall have a reasonable right to attend meetings of such Association and of the League of California Cities at City expense. 10. General Expenses. City recognizes that certain extraordinary expenses of a non - personal and job affiliated nature may be incurred by Employee. City agrees to reimburse Employee for reasonable expenses which are submitted according to City's normal procedures, or such other procedure as may be designated by the City Council, and which are supported by expense receipts, statements or personal affidavits, and an audit thereof in like manner as other demands against the City. To be eligible for reimbursement, all expenses must be submitted by the last day of the month following the month in which they are incurred. -5- Error! Unknown document property name. 11. Bonds. City shall bear the full cost of any fidelity or other bonds required of Employee under any law, City ordinance or resolution by virtue of his employment with the City. 12. Other Terms and Conditions of Employment. The City may, from time to time, fix other terms and conditions of employment relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, Temecula Municipal Code, or other applicable law. 13. General Provisions. A. This Agreement contains the entire understanding between the parties relating to the obligations and benefits of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, including all prior employment agreements, are merged into this Agreement and shall be of no further force or effect. No amendments to this Agreement may be made except by a writing signed and dated by City and Employee. B. 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. C. Employee acknowledges that he has had the opportunity and has conducted an independent review of the financial, tax and legal effects of this Agreement. Employee acknowledges that he has made an independent judgment upon the financial and legal effects of this Agreement and has not relied upon any representation of City, its officers, agents or employees other than those expressly set forth in this Agreement. D. Pursuant to Government Code Section 53245, Employee may file with the City a designation of a person who, notwithstanding any other provision of law, shall, on the death of Employee, be entitled to receive all warrants or checks that would have been payable to Employee had he survived. Employee may change the designation from time to time. Any person so designated shall claim such warrants or checks from the City. On sufficient proof of identity, the City shall deliver the warrants or checks to the claimant. A person who receives a warrant or check pursuant to this section is entitled to negotiate it as if he or she were the payee. E. All notices pertaining to this Agreement shall be sent to: EMPLOYEE: Aaron Adams At the most recent address on file in Employee's personnel file held by City's Human Resources Department CITY: City Clerk City of Temecula 41000 Main Street P.O. Box 9033 Temecula, California 92589-9033 -6- Error! Unknown document property name. Such notice shall be deemed made when personally delivered, transmitted by facsimile or, when mailed, 48 hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. F. If any provision or portion hereof contained in this Agreement is held to be unconstitutional, invalid or unenforceable, the remainder of this Agreement or portion thereof shall be deemed severable and shall not be affected and shall remain in full force and effect. G. To the extent the terms of this Agreement provide for payments or actions beyond the term of the Agreement, then such terms shall survive the expiration of the term of the Agreement. IN WITNESS WHEREOF the parties have executed this Agreement as of the day and year first above written. CITY OF TEMECULA Mi ae S. Naggar Mayor Attest: Approved As to Form: Peter M. Thorson City Attorney EMPLOYEE 04.4-- WL Aaron Adams -7- Error! Unknown document property name. Item No. 19 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: December 13, 2022 SUBJECT: Accept the November 8, 2022 General Municipal Election Declaration of Results and Conduct Swearing -In Ceremony PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW BACKGROUND: The City of Temecula held its general municipal election on November 8, 2022 for the purposes of filling three (3) full -term City Council member seats in Districts 1, 3 and 5. For all purposes, the election was conducted in accordance with the Elections Code of the State of California. In addition to reciting facts related to the canvass of returns and certification of results, the attached resolution formalizes the process of declaring the results of the aforementioned election pursuant to the Elections Code. It is therefore recommended that the City Council adopt the above -referenced resolution, direct the City Clerk to administer the Oath of Office to the newly -elected City Council members and present the Certificates of Election, recognize outgoing officers and reorganize the City Council and Community Services District accordingly. FISCAL IMPACT: There is no fiscal impact associated with the acceptance of the declared election results. The actual cost of the election will be determined upon receipt of the final invoice from the Riverside County Registrar of the Voters (ROV). Based on an earlier estimate received from the ROV, an approximate cost was budgeted in the current fiscal year. ATTACHMENTS: 1. Resolution 2. Exhibit A — Certified Election Results RESOLUTION NO.2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2022, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, a General Municipal Election was held and conducted in the City of Temecula, California, on Tuesday, November 8, 2022, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and WHEREAS, the Riverside County Registrar of Voters canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as Exhibit A. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the whole number of votes (ballots) cast in the precincts, the whole number of vote by mail voter ballots cast in the City, and the total number of votes (ballots) cast in the City are set forth in the attached Exhibit A. Section 2. That the names of the persons voted for at the election for Member of the City Council are as follows: Curtis Brown (District 1) Jeff Chrapczynski (District 1) Maryann Edwards (District 3) Brenden Kalfus (District 3) Zak Schwank (District 5) Kathy Sizemore (District 3) Lanae Turley-Trejo (District 1) Bill Weston (District 5) Section 3. That the number of votes given at each precinct and the number of votes given in the city to each of the persons above named for the respective offices for which the persons were candidates, were as listed in Exhibit A attached. Section 4. The City Council does declare and determine as follows: That Curtis Brown (District 1), Brenden Kalfus (District 3) and Zak Schwank (District 5) were each elected as a Member of the City Council for a full term of four years each. Section 5. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) The whole number of votes (ballots) cast in the City; (2) The names of the persons voted for; (3) The measure voted upon; (4) For what office each person was voted for; (5) The number of votes given at each precinct to each person, and for and against each measure; (6) The total number of votes given to each person, and for and against each measure. Section 6. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribed to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected. Section 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of December, 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 13th day of December, 2022, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk REBECCA SPENCER Registrar of Voters REGISTRAR OF VOTERS COUNTY OF RIVERSIDE ART TINOCO Assistant Registrar of Voters CERTIFICATE OF REGISTRAR OF VOTERS TO THE RESULTS OF THE CANVASS OF ELECTION RETURNS State of California ) ) ss. County of Riverside ) I, REBECCA SPENCER, Registrar of Voters of said County, do hereby certify that, in pursuance of the provisions of Sections 15301, 15372, and 15374 of the California Elections Code, and the resolution adopted by the City Council, I did canvass the returns of the votes cast on November 8, 2022, as part of the Consolidated General Election in the CITY OF TEMECULA and I further certify that the statement of votes cast, to which this certificate is attached, shows the whole number of votes for each candidate for elective office at said election, in said City, and in each precinct therein, and that the totals as shown for each candidate are full, true, and correct. Dated this 1st day of December 2022 REBECCA SPENCER Registrar of Voters , Matt Ceballos Chief Deputy Registrar of Voters 2720 Gateway Drive I Riverside, CA 92507-0921 Mailing address: 2724 Gateway Drive I Riverside, CA 92507-0918 (951) 486-7200 1 California Relay Service (Dial 711) 1 FAX (951) 486-7272 www.voteinfo.net Riverside Riverside 2022 General District Canvass November 8, 2022 1 Temecula City Council, Council District 1 1 1 1 0 C 0 2 D Z p c m' Om m Oo N Z` C AA n O corm m m o o Z Tit 0� 331000 Total 0 0 331001 Total 2 1 50.00 % "' 331003 Total 0 0 331005 Total 0 0 331007 Total 0 0 331008 Total 2 2 100.00 % - - — 331012 Total 0 0 331014 Total 3275 1594 48.67 % 705 284 457 331018 Total 2763 1382 50.02 % 650 219 355 331021 Total 0 0 331022 Total 3329 1728 51.91 % 769 309 485 331029 Total 1807 1055 58.38 % 438 198 330 331032 Total 0 0 331033 Total 0 0 331035 Total 2466 1388 56.29 % 644 207 425 Electionwide Total 13644 7150 52.40 % 3208 1217 2053 331000 Total 0 0 331001 Total 2 1 50.00 % "' 331003 Total 0 0 331005 Total 0 0 331007 Total 0 0 331008 Total 2 2 100.00 % — 331012 Total 0 0 331014 Total 3275 1594 48.67 % 705 284 457 331018 Total 2763 1382 50.02 % 650 219 355 331021 Total 0 0 331022 Total 3329 1728 51.91 % 769 309 485 331029 Total 1807 1055 58.38 % 438 198 330 331032 Total 0 0 331033 Total 0 0 331035 Total 2466 1388 56.29 % 644 207 425 California I Tota11 136441 71501 52.40 %1 1 32081 12171 2053 331000 Total 0 0 331001 Total 2 1 50.00 % 331003 Total 0 0 331005 Total 0 0 331007 Total 0 0 331008 Total 2 2 100.00 % 331012 Total 0 0 331014 Total 3275 1594 48.67 % 705 284 457 331018 Total 2763 1382 50.02 % 650 219 355 331021 Total 0 0 331022 Total 3329 17281 51.91 % 769 309 485 Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12346 of 15484 Riverside Riverside 2022 General District Canvass November 8, 2022 1 Temecula City Council, Council District 1 1 1 1 = z o M, o m 3 W o m ` O Z CD n wcn m m mm m N d N o Z E m O 331029 Total 1807 1055 58.38 % 438 198 330 331032 Total 0 0 331033 Total 0 0 331035 Total 2466 1388 56.29 % 644 207 425 48th Congressional District Total 13644 7150 52.40 % 3208 1217 2053 (Por. SD) 331000 Total 0 0 331001 Total 2 1 50.00 % - - — 331003 Total 0 0 331005 Total 0 0 331007 Total 0 0 331008 Total 2 2 100.00 % — 331012 Total 0 0 331014 Total 3275 1594 48.67 % 705 284 457 331018 Total 2763 1382 50.02 % 650 219 355 331021 Total 0 0 331022 Total 3329 1728 51.91 % 769 309 485 331029 Total 1807 1055 58.38 % 438 198 330 331032 Total 0 0 331033 Total 0 0 331035 Total 2466 1388 56.29 % 644 207 425 32nd Senatorial District (Por. Total 13644 7150 52.40 % 3208 1217 2053 Org, SIB, SD) 331000 Total 0 0 331001 Total 2 1 50.00 % "' 331003 Total 0 0 331005 Total 0 0 331007 Total 0 0 331008 Total 2 2 100.00 % — 331012 Total 0 0 331014 Total 3275 1594 48.67 % 705 284 457 331018 Total 2763 1382 50.02 % 650 219 355 331021 Total 0 0 331022 Total 3329 1728 51.91 % 769 309 485 331029 Total 1807 1055 58.38 % 438 198 330 331032 Total 0 0 331033 Total 0 0 331035 Total 2466 1388 56.29 % 644 207 425 71stAssembly District (Por. I Totall 136441 71501 52.40 %1 1 32081 12171 2053 331000 1 Total 1 01 01 1 1 1 1 1 Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12347 of 15484 Riverside Riverside 2022 General District Canvass November 8, 2022 1 Temecula City Council, Council District 1 1 1 1 = z a v m' CD m 3 Nco C om O `mr-F m i cnO� mn mwo Na o Z 331001 Total 2 1 50.00 % * ** 331003 Total 0 0 331005 Total 0 0 331007 Total 0 0 331008 Total 2 2 100.00 % * 331012 Total 0 0 331014 Total 3275 1594 48.67 % 705 284 457 331018 Total 2763 1382 50.02 % 650 219 355 331021 Total 0 0 331022 Total 3329 1728 51.91 % 769 309 485 331029 Total 1807 1055 58.38 % 438 198 330 331032 Total 0 0 331033 Total 0 0 331035 Total 2466 1388 56.29 % 644 207 425 St Bd of Equalization 4 (Par. Total 13644 7150 52.40 % 3208 1217 2053 SIB, SD, Or & Imp) 331000 Total 0 0 331001 Total 2 1 50.00 % *** 331003 Total 0 0 331005 Total 0 0 331007 Total 0 0 331008 Total 2 2 100.00 % * ** 331012 Total 0 0 331014 Total 3275 1594 48.67 % 705 284 457 331018 Total 2763 1382 50.02 % 650 219 355 331021 Total 0 0 331022 Total 3329 1728 51.91 % 769 309 485 331029 Total 1807 1055 58.38 % 438 198 330 331032 Total 0 0 331033 Total 0 0 331035 Total 2466 1388 56.29 % 644 207 425 Unincorporated - Community Total 13644 7150 52.40 % 3208 1217 2053 College Districts sub -district 331000 Total 0 0 331001 Total 2 1 50.00 % 331003 Total 0 0 331005 Total 0 0 331007 Total 0 0 331008 Total 2 2 100.00 % 331012 Total 0 0 331014 Total 3275 1594 48.67 % 705 284 457 331018 Total 2763 1382 50.02 % 650 219 355 331021 Total 0 0 331022 Total 3329 17281 51.91 % 769 309 485 Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12348 of 15484 Riverside Riverside 2022 General District Canvass November 8, 2022 1 Temecula City Council, Council District 1 1 1 1 C S r Z �1 0 --I� m, (CD 3 W N --IO C O �7 rr Zm m y d N -IZ - ll 0 j 331029 Total 1807 1055 58.38 % 438 198 330 331032 Total 0 0 331033 Total 0 0 331035 Total 2466 1388 56.29 % 644 207 425 Unincorporated - Unified Total 13644 7150 52.40 % 3208 1217 2053 School Districts 331007 Total 0 0 331008 Total 2 2 100.00 % 331012 Total 0 0 331014 Total 3275 1594 48.67 % 705 284 457 331021 Total 0 0 331032 Total 0 0 331033 Total 0 0 Temecula Valley Unified Total 3277 1596 48.70 % 706 284 458 School District TA 1 331000 Total 0 0 331001 Total 2 1 50.00 % 331003 Total 0 0 331005 Total 0 0 331018 Total 2763 1382 50.02 % 650 219 355 331022 Total 3329 1728 51.91 % 769 309 485 331029 Total 1807 1055 58.38 % 438 198 330 331035 Total 2466 1388 56.29 % 644 207 425 Unincorporated - Unified Total 10367 5554 53.57 % 2502 933 1595 School Districts sub -district Total 0 0 331000 331001 Total 2 1 50.00 % 331003 Total 0 0 331005 Total 0 0 331007 Total 0 0 331008 Total 2 2 100.00 % 331012 Total 0 0 331014 Total 3275 1594 48.67 % 705 284 457 331018 Total 2763 1382 50.02 % 650 219 355 331021 Total 0 0 331022 Total 3329 1728 51.91 % 769 309 485 331029 Total 1807 1055 58.38 % 438 198 330 331032 Total 0 0 331033 Total 0 0 331035 Total 2466 1388 56.29 % 644 207 425 Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12349 of 15484 Riverside Riverside 2022 General District Canvass November 8, 2022 1 Temecula City Council, Council District 1 1 1 1 = D z a c C/) -0 m, CD (aN C < n O Z` Air rn N d N o Z corm %-n m O Unincorporated - Union High Total 13644 7150 52.40 % 3208 1217 2053 School Districts sub -district 331000 Total 0 0 331001 Total 2 1 50.00 % * ** 331003 Total 0 0 331005 Total 0 0 331007 Total 0 0 331008 Total 2 2 100.00 % * 331012 Total 0 0 331014 Total 3275 1594 48.67 % 705 284 457 331018 Total 2763 1382 50.02 % 650 219 355 331021 Total 0 0 331022 Total 3329 1728 51.91 % 769 309 485 331029 Total 1807 1055 58.38 % 438 198 330 331032 Total 0 0 331033 Total 0 0 331035 Total 2466 1388 56.29 % 644 207 425 Unincorporated - Elementary Total 13644 7150 52.40 % 3208 1217 2053 School Districts 331000 Total 0 0 331001 Total 2 1 50.00 % *** 331003 Total 0 0 331005 Total 0 0 331007 Total 0 0 331008 Total 2 2 100.00 % * * — 331012 Total 0 0 331014 Total 3275 1594 48.67 % 705 284 457 331018 Total 2763 1382 50.02 % 650 219 355 331021 Total 0 0 331022 Total 3329 1728 51.91 % 769 309 485 331029 Total 1807 1055 58.38 % 438 198 330 331032 Total 0 0 331033 Total 0 0 331035 Total 2466 1388 56.29 % 644 207 425 Unincorporated - Elementary Total 13644 7150 52.40 % 3208 1217 2053 School Districts sub -district 331000 Total 0 0 331001 Total 2 1 50.00 % 331003 Total 0 0 331005 Total 0 0 331007 Total 0 0 331008 Total 21 2 100.00 % * Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12350 of 15484 Riverside Riverside 2022 General District Canvass November 8, 2022 1 Temecula City Council, Council District 1 331012 Total 0 331014 Total 3275 331018 Total 2763 331021 Total 0 331022 Total 3329 331029 Total 1807 331032 Total 0 331033 Total 0 331035 Total 2466 Riverside County i Totall 13644 331000 Total 0 331001 Total 2 331003 Total 0 331005 Total 0 331007 Total 0 331008 Total 2 331012 Total 0 331014 Total 3275 331018 Total 2763 331021 Total 0 331022 Total 3329 331029 Total 1807 331032 Total 0 331033 Total 0 331035 Total 2466 3rd Supervisorial District i Totall 13644 331000 Total 0 331001 Total 2 331003 Total 0 331005 Total 0 331007 Total 0 331008 Total 2 331012 Total 0 331014 Total 3275 331018 Total 2763 331021 Total 0 331022 Total 3329 331029 Total 1807 331032 Total 0 331033 Total 0 331035 Total 2466 City of Temecula Total 13644 1 1 1 n C 0 2 D Z o v m, CD W N Zm �C cn mm m T z -n �„ O� 0 1594 48.67 % 705 284 457 1382 50.02 % 650 219 355 0 1728 51.91 % 769 309 485 1055 58.38 % 438 198 330 0 0 1388 56.29 % 644 207 425 71501 52.40 % 1 1 32081 12171 2053 0 1 50.00 % *" 0 0 0 2 100.00 % — 0 1594 48.67 % 705 284 457 1382 50.02 % 650 219 355 0 1728 51.91 % 769 309 485 1055 58.38 % 438 198 330 0 0 1388 56.29 % 644 207 425 7150 52.40 % 3208 1217 2053 0 1 50.00 % 0 0 0 2 100.00 % 0 1594 48.67 % 705 284 457 1382 50.02 % 650 219 355 0 1728 51.91 % 769 309 485 1055 58.38 % 438 198 330 0 0 1388 56.29 % 644 207 425 7150 52.40 % 3208 1217 2053 Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12351 of 15484 Riverside Riverside 2022 General District Canvass November 8, 2022 1 Temecula City Council, Council District 1 1 1 1 = z a M, o p 3 W o m ` O Z CD n wcn m m mm m N d N o Z m O 331000 Total 0 0 331001 Total 2 1 50.00 % * 331003 Total 0 0 331005 Total 0 0 331007 Total 0 0 331008 Total 2 2 100.00 % * *` 331012 Total 0 0 331014 Total 3275 1594 48.67 % 705 284 457 331018 Total 2763 1382 50.02 % 650 219 355 331021 Total 0 0 331022 Total 3329 1728 51.91 % 769 309 485 331029 Total 1807 1055 58.38 % 438 198 330 331032 Total 0 0 331033 Total 0 0 331035 Total 2466 1388 56.29 % 644 207 425 City of Temecula Council Total 13644 7150 52.40 % 3208 1217 2053 District #1 331000 Total 0 0 331001 Total 2 1 50.00 % * * — 331003 Total 0 0 331005 Total 0 0 331007 Total 0 0 331008 Total 2 2 100.00 % * * *** 331012 Total 0 0 331014 Total 3275 1594 48.67 % 705 284 457 331018 Total 2763 1382 50.02 % 650 219 355 331021 Total 0 0 331022 Total 3329 1728 51.91 % 769 309 485 331029 Total 1807 1055 58.38 % 438 198 330 331032 Total 0 0 331033 Total 0 0 331035 Total 2466 1388 56.29 % 644 207 425 Unincorporated - Special Total 13644 7150 52.40 % 3208 1217 2053 Elections 331000 Total 0 0 331001 Total 2 1 50.00 % 331003 Total 0 0 331005 Total 0 0 331007 Total 0 0 331008 Total 2 2 100.00 % * 331012 Total 0 0 331014 Total 3275 1594 48.67 % 705 284 457 Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12352 of 15484 Riverside Riverside 2022 General District Canvass November 8, 2022 1 Temecula City Council, Council District 1 1 1 1 = z a v m' CD m 3 Nco C om O `Mr-F o Z m cn�i mn mwo Na O � 331018 Total 2763 1382 50.02 % 650 219 355 331021 Total 0 0 331022 Total 3329 1728 51.91 % 769 309 485 331029 Total 1807 1055 58.38 % 438 198 330 331032 Total 0 0 331033 Total 01 0 331035 Total 2466 1388 56.29 % 644 207 425 Unincorporated - I Totall 136441 71501 52.40 %1 1 32081 12171 2053 Unincorporated 331003 Total 0 0 331005 Total 0 0 331007 Total 0 0 331014 Total 3275 1594 48.67 % 705 284 457 331018 Total 2763 1382 50.02 % 650 219 355 331021 Total 0 0 331022 Total 3329 1728 51.91 % 769 309 485 331029 Total 1807 1055 58.38 % 438 198 330 331035 Total 2466 1388 56.29 % 644 207 425 Rancho California Water Total 13640 7147 52.40 % 3206 1217 2052 District 331000 Total 0 0 331001 Total 2 1 50.00 % *** 331008 Total 2 2 100.00 % 331012 Total 0 0 331032 Total 0 0 331033 Total 0 0 Unincorporated - California Total 4 3 75.00 % *** Water Districts 331000 Total 0 0 331001 Total 2 1 50.00 % 331003 Total 0 0 331005 Total 0 0 331007 Total 0 0 331008 Total 2 2 100.00 % * * * 331012 Total 0 0 331014 Total 3275 1594 48.67 % 705 284 457 331018 Total 2763 1382 50.02 % 650 219 355 331021 Total 0 0 331022 Total 3329 1728 51.91 % 769 309 485 331029 Total 1807 1055 58.38 % 438 198 330 331032 Total 0 0 Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12353 of 15484 Riverside Riverside 2022 General District Canvass November 8, 2022 1 Temecula City Council, Council District 1 1 1 1 C S r Z �1 0 --I� m, (CD 3 W N m C O m �' O �7 rr n Z` m cn m m �a � -Iz �m p� 331033 Total 0 0 331035 Total 2466 1388 56.29 % 644 207 425 Unincorporated - Community Total 13644 7150 52.40 % 3208 1217 2053 Services Districts 331000 Total 0 0 331001 Total 2 1 50.00 % 331003 Total 0 0 331005 Total 0 0 331007 Total 0 0 331008 Total 2 2 100.00 % 331012 Total 0 0 331014 Total 3275 1594 48.67 % 705 284 457 331018 Total 2763 1382 50.02 % 650 219 355 331021 Total 0 0 331022 Total 3329 1728 51.91 % 769 309 485 331029 Total 1807 1055 58.38 % 438 198 330 331032 Total 0 0 331033 Total 0 0 331035 Total 2466 1388 56.29 % 644 207 425 Unincorporated - County Total 13644 7150 52.40 % 3208 1217 2053 Water Districts sub -district 331000 Total 0 0 331001 Total 2 1 50.00 % <. <. 331003 Total 0 0 331005 Total 0 0 331007 Total 0 0 331008 Total 2 2 100.00 % 331012 Total 0 0 331014 Total 3275 1594 48.67 % 705 284 457 331018 Total 2763 1382 50.02 % 650 219 355 331021 Total 0 0 331022 Total 3329 1728 51.91 % 769 309 485 331029 Total 1807 1055 58.38 % 438 198 330 331032 Total 0 0 331033 Total 0 0 331035 Total 2466 1388 56.29 % 644 207 425 Unincorporated - Fire Districts 1 Totall 136441 71501 52.40 %1 1 32081 12171 2053 331000 Total 0 331001 Total 2 331003 Total 0 331005 Total 0 0 1 50.00 % 0 0 Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12354 of 15484 Riverside Riverside 2022 General District Canvass November 8, 2022 1 Temecula City Council, Council District 1 1 1 1 = D z a c C/) -0 M, CD 3 N C Om n O z` Air rn N d N o z corm %-n m O 331007 Total 0 0 331008 Total 2 2 100.00 % 331012 Total 0 0 331014 Total 3275 1594 48.67 % 705 284 457 331018 Total 2763 1382 50.02 % 650 219 355 331021 Total 0 0 331022 Total 3329 1728 51.91 % 769 309 485 331029 Total 1807 1055 58.38 % 438 198 330 331032 Total 0 0 331033 Total 0 0 331035 Total 2466 1388 56.29 % 644 207 425 Unincorporated - Health Care Total 13644 7150 52.40 % 3208 1217 2053 Districts Total 0 0 331000 331001 Total 2 1 50.00 % 331003 Total 0 0 331005 Total 0 0 331007 Total 0 0 331008 Total 2 2 100.00 % 331012 Total 0 0 331014 Total 3275 1594 48.67 % 705 284 457 331018 Total 2763 1382 50.02 % 650 219 355 331021 Total 0 0 331022 Total 3329 1728 51.91 % 769 309 485 331029 Total 1807 1055 58.38 % 438 198 330 331032 Total 0 0 331033 Total 0 0 331035 Total 2466 1388 56.29 % 644 207 425 Unincorporated - Health Care Total 13644 7150 52.40 % 3208 1217 2053 Districts sub -district Total 0 0 331000 331001 Total 2 1 50.00 % 331003 Total 0 0 331005 Total 0 0 331007 Total 0 0 331008 Total 2 2 100.00 % 331012 Total 0 0 331014 Total 3275 1594 48.67 % 705 284 457 331018 Total 2763 1382 50.02 % 650 219 355 331021 Total 0 0 331022 Total 3329 1728 51.91 % 769 309 485 331029 Total 1807 1055 58.38 % 438 198 330 331032 Total 0 0 331033 Total 0 0 Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12355 of 15484 Riverside Riverside 2022 General District Canvass November 8, 2022 1 Temecula City Council, Council District 1 1 1 1 0 C 0 2 D Z p c m' Om m Oo N Z` C AA n O corm m m o o Z T5 0� 331035 Total 2466 1388 56.29 % 644 207 425 Unincorporated - Library Total 13644 7150 52.40 % 3208 1217 2053 Districts 331007 Total 0 0 331012 Total 0 0 331014 Total 3275 1594 48.67 % 705 284 457 331018 Total 2763 1382 50.02 % 650 219 355 331021 Total 0 0 331022 Total 3329 1728 51.91 % 769 309 485 331029 Total 1807 1055 58.38 % 438 198 330 331035 Total 2466 1388 56.29 % 644 207 425 Eastern Municipal Water Total 13640 7147 52.40 % 3206 1217 2052 District, Division 2 Total 2 1 50.00 % 331001 331003 Total 0 0 331005 Total 0 0 Western Municipal Water Total 2 1 50.00 % ... Dist.,Division 3/Por. Orange Total 0 0 331000 331008 Total 2 2 100.00 % *" 331032 Total 0 0 331033 Total 0 0 Unincorporated - Municipal Total 2 2 100.00 % Water Districts sub -district 331000 Total 0 0 331001 Total 2 1 50.00 % 331003 Total 0 0 331005 Total 0 0 331007 Total 0 0 331008 Total 2 2 100.00 % 331012 Total 0 0 331014 Total 3275 1594 48.67 % 705 284 457 331018 Total 2763 1382 50.02 % 650 219 355 331021 Total 0 0 331022 Total 3329 1728 51.91 % 769 309 485 331029 Total 1807 1055 58.38 % 438 198 330 331032 Total 0 0 331033 Total 0 0 331035 Total 2466 1388 56.29 % 644 207 425 Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12356 of 15484 Riverside Riverside 2022 General District Canvass November 8, 2022 1 Temecula City Council, Council District 1 1 1 1 = z a M, o p 3 W o m ` O Z n rn cn m m r m N d N o Z E m O Unincorporated - Recreation & Total 13644 7150 52.40 % 3208 1217 2053 Parks Districts 331000 Total 0 0 331001 Total 2 1 50.00 % "' 331003 Total 0 0 331005 Total 0 0 331007 Total 0 0 331008 Total 2 2 100.00 % — 331012 Total 0 0 331014 Total 3275 1594 48.67 % 705 284 457 331018 Total 2763 1382 50.02 % 650 219 355 331021 Total 0 0 331022 Total 3329 1728 51.91 % 769 309 485 331029 Total 1807 1055 58.38 % 438 198 330 331032 Total 0 0 331033 Total 0 0 331035 Total 2466 1388 56.29 % 644 207 425 Unincorporated - Recreation & Total 13644 7150 52.40 % 3208 1217 2053 Parks Districts sub -district 331000 Total 0 0 331001 Total 2 1 50.00 % 331003 Total 0 0 331005 Total 0 0 331007 Total 0 0 331008 Total 2 2 100.00 % 331012 Total 0 0 331014 Total 3275 1594 48.67 % 705 284 457 331018 Total 2763 1382 50.02 % 650 219 355 331021 Total 0 0 331022 Total 3329 1728 51.91 % 769 309 485 331029 Total 1807 1055 58.38 % 438 198 330 331032 Total 0 0 331033 Total 0 0 331035 Total 2466 1388 56.29 % 644 207 425 Unincorporated - Water Total 13644 7150 52.40 % 3208 1217 2053 Agencies sub -district 13644 7150 52.40 % 3208 1217 2053 Contest Total "' Indicates vote data was suppressed due to voter privacy settings Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12357 of 15484 Riverside Riverside 2022 General District Canvass November 8, 2022 1 Temecula City Council, Council District 3 1 1 1 G D N m CD 0 N :Ex mX �m o_ D D 0 - m a °N o p Z M c Z y cn m cn 333001 Total 3180 1861 58.52 % 686 252 747 333011 Total 3888 2213 56.92 % 766 302 955 333016 Total 3972 2334 58.76 % 796 353 954 333019 Total 3323 1908 57.42 % 662 269 778 Electionwide I Tota11 143631 83161 57.90 %1 1 29101 11761 3434 333001 Total 3180 1861 58.52 % 686 252 747 333011 Total 3888 2213 56.92 % 766 302 955 333016 Total 3972 2334 58.76 % 796 353 954 333019 Total 3323 1908 57.42 % 662 269 778 California I Tota11 143631 83161 57.90 %1 1 29101 11761 3434 333001 Total 3180 1861 58.52 % 686 252 747 333011 Total 3888 2213 56.92 % 766 302 955 333016 Total 3972 2334 58.76 % 796 353 954 333019 Total 3323 1908 57.42 % 662 269 778 48th Congressional District Total 14363 8316 57.90 % 2910 1176 3434 (Por. SD) 333001 Total 3180 1861 58.52 % 686 252 747 333011 Total 3888 2213 56.92 % 766 302 955 333016 Total 3972 2334 58.76 % 796 353 954 333019 Total 3323 1908 57.42 % 662 269 778 32nd Senatorial District (Por. Total 14363 8316 57.90 % 2910 1176 3434 Org, SIB, SD) 333001 Total 3180 1861 58.52 % 686 252 747 333011 Total 3888 2213 56.92 % 766 302 955 333016 Total 3972 2334 58.76 % 796 353 954 333019 Total 3323 1908 57.42 % 662 269 778 71 st Assembly District (Por. Total 14363 8316 57.90 % 2910 1176 3434 Org) 333001 Total 3180 1861 58.52 % 686 252 747 333011 Total 3888 2213 56.92 % 766 302 955 333016 Total 3972 2334 58.76 % 796 353 954 333019 Total 3323 1908 57.42 % 662 269 778 St Bd of Equalization 4 (Por. 1 Totall 143631 83161 57.90 %1 1 29101 11761 3434 SIB, SD, Or & Imp) 333001 I Total 1 31801 18611 58.52 %1 1 6861 2521 7471 Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12358 of 15484 Riverside Riverside 2022 General District Canvass November 8, 2022 1 Temecula City Council, Council District 3 1 1 1 < m K rn W n ° O D m m � ;0 m r < c� a DD Az �> O= m z ° a o 0z m� z U)m 333011 Total 3888 2213 56.92 % 766 302 955 333016 Total 3972 2334 58.76 % 796 353 954 333019 Total 3323 1908 57.42 % 662 269 778 Unincorporated - Community Total 14363 8316 57.90 % 2910 1176 3434 Colleae Districts sub -district 333001 Total 3180 1861 58.52 % 686 252 747 333011 Total 3888 2213 56.92 % 766 302 955 333016 Total 3972 2334 58.76 % 796 353 954 333019 Total 3323 1908 57.42 % 662 269 778 Unincorporated - Unified Total 14363 8316 57.90 % 2910 1176 3434 School Districts 333001 Total 3180 1861 58.52 % 686 252 747 333011 Total 3888 2213 56.92 % 766 302 955 333016 Total 3972 2334 58.76 % 796 353 954 333019 Total 3323 1908 57.42 % 662 269 778 Temecula Valley Unified Total 14363 8316 57.90 % 2910 1176 3434 School District TA 4 333001 Total 3180 1861 58.52 % 686 252 747 333011 Total 3888 2213 56.92 % 766 302 955 333016 Total 3972 2334 58.76 % 796 353 954 333019 Total 3323 1908 57.42 % 662 269 778 Unincorporated - Union High Total 14363 8316 57.90 % 2910 1176 3434 School Districts sub -district 333001 Total 3180 1861 58.52 % 686 252 747 333011 Total 3888 2213 56.92 % 766 302 955 333016 Total 3972 2334 58.76 % 796 353 954 333019 Total 3323 1908 57.42 % 662 269 778 Unincorporated - Elementary Total 14363 8316 57.90 % 2910 1176 3434 School Districts 333001 Total 3180 1861 58.52 % 686 252 747 333011 Total 3888 2213 56.92 % 766 302 955 333016 Total 3972 2334 58.76 % 796 353 954 333019 Total 3323 1908 57.42 % 662 269 778 Unincorporated - Elementary Total 14363 8316 57.90 % 2910 1176 3434 School Districts sub -district 333001 I Total 1 31801 18611 58.52 % 1 1 6861 2521 7471 Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12359 of 15484 Riverside Riverside 2022 General District Canvass November 8, 2022 1 Temecula City Council, Council District 3 1 1 1 < m rn w a 0 > N CD c ;0 D D m7 �z o_ m CD wZ r CZ o_ ai o rn A� m cn 333011 Total 3888 2213 56.92 % 766 302 955 333016 Total 3972 2334 58.76 % 796 353 954 333019 Total 3323 1908 57.42 % 662 269 778 Riverside County 1 Totall 143631 83161 57.90 %1 1 29101 11761 3434 333001 Total 3180 1861 58.52 % 686 252 747 333011 Total 3888 2213 56.92 % 766 302 955 333016 Total 3972 2334 58.76 % 796 353 954 333019 Total 3323 1908 57.42 % 662 269 778 3rd Supervisorial District Total Total 14363 3180 8316 1861 57.90 % 58.52 % 2910 686 1176 252 3434 747 333001 333011 Total 3888 2213 56.92 % 766 302 955 333016 Total 3972 2334 58.76 % 796 353 954 333019 Total 3323 1908 57.42 % 662 269 778 City of Temecula 1 Totall 143631 83161 57.90 %1 1 29101 11761 3434 333001 Total 3180 1861 58.52 % 686 252 747 333011 Total 3888 2213 56.92 % 766 302 955 333016 Total 3972 2334 58.76 % 796 353 954 333019 Total 3323 1908 57.42 % 662 269 778 City of Temecula Council Total 14363 8316 57.90 % 2910 1176 3434 District #3 333001 Total 3180 1861 58.52 % 686 252 747 333011 Total 3888 2213 56.92 % 766 302 955 333016 Total 3972 2334 58.76 % 796 353 954 333019 Total 3323 1908 57.42 % 662 269 778 Unincorporated - Special Total 14363 8316 57.90 % 2910 1176 3434 Elections 333001 Total 3180 1861 58.52 % 686 252 747 333011 Total 3888 2213 56.92 % 766 302 955 333016 Total 3972 2334 58.76 % 796 353 954 333019 Total 3323 1908 57.42 % 662 269 778 Unincorporated - Total 14363 8316 57.90 % 2910 1176 3434 Unincorporated 1 1 333001 Total 3180 1861 58.52 % 686 252 747 333011 Total 3888 2213 56.92 % 766 302 955 333016 Total 3972 2334 58.76 % 796 353 954 Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12360 of 15484 Riverside Riverside 2022 General District Canvass November 8, 2022 1 Temecula City Council, Council District 3 1 1 1 CD m OD N c Dy M O om T oz U) Ax m j �m U) 333019 Total 3323 1908 57.42 % 662 269 778 Rancho California Water Total 14363 8316 57.90 % 2910 1176 3434 District 333001 Total 3180 1861 58.52 % 686 252 747 333011 Total 3888 2213 56.92 % 766 302 955 333016 Total 3972 2334 58.76 % 796 353 954 333019 Total 3323 1908 57.42 % 662 269 778 Unincorporated - Community Total 14363 8316 57.90 % 2910 1176 3434 Services Districts 333001 Total 3180 1861 58.52 % 686 252 747 333011 Total 3888 2213 56.92 % 766 302 955 333016 Total 3972 2334 58.76 % 796 353 954 333019 Total 3323 1908 57.42 % 662 269 778 Unincorporated - County Total 14363 8316 57.90 % 2910 1176 3434 Water Districts sub -district Total 3180 1861 58.52 % 686 252 747 333001 333011 Total 3888 2213 56.92 % 766 302 955 333016 Total 3972 2334 58.76 % 796 353 954 333019 Total 3323 1908 57.42 % 662 269 778 Unincorporated - Fire Districts I Totall 143631 83161 57.90 %1 1 29101 11761 3434 333001 Total 3180 1861 58.52 % 686 252 747 333011 Total 3888 2213 56.92 % 766 302 955 333016 Total 3972 2334 58.76 % 796 353 954 333019 Total 3323 1908 57.42 % 662 269 778 Unincorporated - Health Care Total 14363 8316 57.90 % 2910 1176 3434 Districts 333001 Total 3180 1861 58.52 % 686 252 747 333011 Total 3888 2213 56.92 % 766 302 955 333016 Total 3972 2334 58.76 % 796 353 954 333019 Total 3323 1908 57.42 % 662 269 778 Unincorporated - Health Care Total 14363 8316 57.90 % 2910 1176 3434 Districts sub -district 333001 Total 3180 1861 58.52 % 686 252 747 333011 Total 3888 2213 56.92 % 766 302 955 333016 Total 3972 2334 58.76 % 796 353 954 333019 Total 3323 1908 57.42 % 662 269 778 Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12361 of 15484 Riverside Riverside 2022 General District Canvass November 8, 2022 1 Temecula City Council, Council District 3 1 1 1 o ° OD N A om 20 N a DD A m � m 0 Na o Cnz m Cnz Unincorporated - Library Total 14363 8316 57.90 % 2910 1176 3434 Districts 333001 Total 3180 1861 58.52 % 686 252 747 333011 Total 3888 2213 56.92 % 766 302 955 333016 Total 3972 2334 58.76 % 796 353 954 333019 Total 3323 1908 57.42 % 662 269 778 Eastern Municipal Water Total 14363 8316 57.90 % 2910 1176 3434 District, Division 2 333001 Total 3180 1861 58.52 % 686 252 747 333011 Total 3888 2213 56.92 % 766 302 955 333016 Total 3972 2334 58.76 % 796 353 954 333019 Total 3323 1908 57.42 % 662 269 778 Unincorporated - Recreation & Total 14363 8316 57.90 % 2910 1176 3434 Parks Districts 333001 Total 3180 1861 58.52 % 686 252 747 333011 Total 3888 2213 56.92 % 766 302 955 333016 Total 3972 2334 58.76 % 796 353 954 333019 Total 3323 1908 57.42 % 662 269 778 Unincorporated - Recreation & Total 14363 8316 57.90 % 2910 1176 3434 Parks Districts sub -district 333001 Total 3180 1861 58.52 % 686 252 747 333011 Total 3888 2213 56.92 % 766 302 955 333016 Total 3972 2334 58.76 % 796 353 954 333019 Total 3323 1908 57.42 % 662 269 778 Unincorporated - Water Total 14363 8316 57.90 % 2910 1176 3434 Agencies sub -district 14363 8316 57.90 % 2910 1176 3434 Contest Total "' Indicates vote data was suppressed due to voter privacy settings Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12362 of 15484 Riverside Riverside 2022 General District Canvass November 8, 2022 1 Temecula City Council, Council District 5 1 1 c CD n � �' <, m o T = DN m moo o n y a o ZD 7�S. Or Zr 335000 Total 1 1 100.00 % 335002 Total 3373 1710 50.70 % 922 574 335008 Total 1332 694 52.10 % 367 244 335012 Total 3652 1394 38.17 % 723 472 335013 Total 1715 893 52.07 % 464 336 335020 Total 1300 557 42.85 % 281 211 335022 Total 0 0 Electionwide Total 11373 5249 46.15 % 2758 1837 335000 Total 1 1 100.00 % "' 335002 Total 3373 1710 50.70 % 922 574 335008 Total 1332 694 52.10 % 367 244 335012 Total 3652 1394 38.17 % 723 472 335013 Total 1715 893 52.07 % 464 336 335020 Total 1300 557 42.85 % 281 211 335022 Total 0 0 California I Tota11 113731 52491 46.15 %1 1 27581 1837 335000 Total 1 1 100.00 % - 335002 Total 3373 1710 50.70 % 922 574 335008 Total 1332 694 52.10 % 367 244 335012 Total 3652 1394 38.17 % 723 472 335013 Total 1715 893 52.07 % 464 336 335020 Total 1300 557 42.85 % 281 211 335022 Total 0 0 48th Congressional District Total 11373 5249 46.15 % 2758 1837 (Por. SD) 335000 Total 1 1 100.00 % **' 335002 Total 3373 1710 50.70 % 922 574 335008 Total 1332 694 52.10 % 367 244 335012 Total 3652 1394 38.17 % 723 472 335013 Total 1715 893 52.07 % 464 336 335020 Total 1300 557 42.85 % 281 211 335022 Total 0 0 32nd Senatorial District (Por. Total 11373 5249 46.15 % 2758 1837 Ong, SIB, SD) 335000 Total 1 1 100.00 % 335002 Total 3373 1710 50.70 % 922 574 335008 Total 1332 694 52.10 % 367 244 335012 Total 3652 1394 38.17 % 723 472 335013 Total 1715 893 52.07 % 464 336 335020 Total 13001 557 42.85 % 281 211 Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12363 of 15484 Riverside Riverside 2022 General District Canvass November 8, 2022 1 Temecula City Council, Council District 5 1 1 a c CAD n n <. = m Cn o m n DN N d N o � 71 0r- Z r 335022 Total 0 0 71 st Assembly District (Por. Total 11373 1 5249 46.15 % 2758 1837 Org) 335000 Total 1 1 100.00 % — 335002 Total 3373 1710 50.70 % 922 574 335008 Total 1332 694 52.10 % 367 244 335012 Total 3652 1394 38.17 % 723 472 335013 Total 1715 893 52.07 % 464 336 335020 Total 1300 557 42.85 % 281 211 335022 Total 0 0 St Bd of Equalization 4 (Por. Total 11373 5249 46.15 % 2758 1837 SIB, SD, Or & Imp) 335000 Total 1 1 100.00 % "' 335002 Total 3373 1710 50.70 % 922 574 335008 Total 1332 694 52.10 % 367 244 335012 Total 3652 1394 38.17 % 723 472 335013 Total 1715 893 52.07 % 464 336 335020 Total 1300 557 42.85 % 281 211 335022 Total 0 0 Unincorporated - Community Total 11373 5249 46.15 % 2758 1837 Colleae Districts sub -district 335000 Total 1 1 100.00 % '" 335002 Total 3373 1710 50.70 % 922 574 335008 Total 1332 694 52.10 % 367 244 335012 Total 3652 1394 38.17 % 723 472 335013 Total 1715 893 52.07 % 464 336 335020 Total 1300 557 42.85 % 281 211 335022 Total 0 0 Unincorporated - Unified Total 11373 5249 46.15 % 2758 1837 School Districts 335000 Total 1 1 100.00 % "` 335002 Total 3373 1710 50.70 % 922 574 335012 Total 3652 1394 38.17 % 723 472 335013 Total 1715 893 52.07 % 464 336 335022 Total 0 0 Temecula Valley Unified Total 8741 3998 45.74 % 2110 1382 School District TA 1 335008 1 Totall 13321 6941 52.10 %1 1 3671 2441 Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12364 of 15484 Riverside Riverside 2022 General District Canvass November 8, 2022 1 Temecula City Council, Council District 5 1 1 o m m E n N ° a:< y� m 0W om mm N a n m n ' Z T S Or- Z r 335020 Total 1300 557 42.85 % 281 211 Temecula Valley Unified Total 2632 1251 47.53 % 648 455 School District TA 2 335000 Total 1 1 100.00 % *** 335002 Total 3373 1710 50.70 % 922 574 335008 Total 1332 694 52.10 % 367 244 335012 Total 3652 1394 38.17 % 723 472 335013 Total 1715 893 52.07 % 464 336 335020 Total 1300 557 42.85 % 281 211 335022 Total 0 0 Unincorporated - Union High Total 11373 5249 46.15 % 2758 1837 School Districts sub -district 335000 Total 1 1 100.00 % * *** 335002 Total 3373 1710 50.70 % 922 574 335008 Total 1332 694 52.10 % 367 244 335012 Total 3652 1394 38.17 % 723 472 335013 Total 1715 893 52.07 % 464 336 335020 Total 1300 557 42.85 % 281 211 335022 Total 0 0 Unincorporated - Elementary Total 11373 5249 46.15 % 2758 1837 School Districts 335000 Total 1 1 100.00 % * *** 335002 Total 3373 1710 50.70 % 922 574 335008 Total 1332 694 52.10 % 367 244 335012 Total 3652 1394 38.17 % 723 472 335013 Total 1715 893 52.07 % 464 336 335020 Total 1300 557 42.85 % 281 211 335022 Total 0 0 Unincorporated - Elementary Total 11373 5249 46.15 % 2758 1837 School Districts sub -district Total 1 1 100.00 % * *** 335000 335002 Total 3373 1710 50.70 % 922 574 335008 Total 1332 694 52.10 % 367 244 335012 Total 3652 1394 38.17 % 723 472 335013 Total 1715 893 52.07 % 464 336 335020 Total 1300 557 42.85 % 281 211 335022 Total 0 0 Riverside County I Totall 113731 52491 46.15 %1 1 27581 1837 Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12365 of 15484 Riverside Riverside 2022 General District Canvass November 8, 2022 1 Temecula City Council, Council District 5 1 1 a n <N N O c _ m C/) N d N o z --1W 335000 Total 1 1 100.00 % **' 335002 Total 3373 1710 50.70 % 922 574 335008 Total 1332 694 52.10 % 367 244 335012 Total 3652 1394 38.17 % 723 472 335013 Total 1715 893 52.07 % 464 336 335020 Total 1300 557 42.85 % 281 211 335022 Total 0 0 3rd Supervisorial District Total 11373 5249 46.15 % 2758 1837 335000 Total 1 1 100.00 % - 335002 Total 3373 1710 50.70 % 922 574 335008 Total 1332 694 52.10 % 367 244 335012 Total 3652 1394 38.17 % 723 472 335013 Total 1715 893 52.07 % 464 336 335020 Total 1300 557 42.85 % 281 211 335022 Total 0 0 City of Temecula 1 Totall 113731 52491 46.15 %1 1 27581 1837 335000 Total 1 1 100.00 % *" 335002 Total 3373 1710 50.70 % 922 574 335008 Total 1332 694 52.10 % 367 244 335012 Total 3652 1394 38.17 % 723 472 335013 Total 1715 893 52.07 % 464 336 335020 Total 1300 557 42.85 % 281 211 335022 Total 0 0 City of Temecula Council Total 11373 5249 46.15 % 2758 1837 District #5 335000 Total 1 1 100.00 % "' 335002 Total 3373 1710 50.70 % 922 574 335008 Total 1332 694 52.10 % 367 244 335012 Total 3652 1394 38.17 % 723 472 335013 Total 1715 893 52.07 % 464 336 335020 Total 1300 557 42.85 % 281 211 335022 Total 0 0 Unincorporated - Special Total 11373 5249 46.15 % 2758 1837 Elections 335000 Total 1 1 100.00 % 335002 Total 3373 1710 50.70 % 922 574 335008 Total 1332 694 52.10 % 367 244 335012 Total 3652 1394 38.17 % 723 472 335013 Total 1715 893 52.07 % 464 336 335020 Total 13001 557 42.85 % 281 211 Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12366 of 15484 Riverside Riverside 2022 General District Canvass November 8, 2022 1 Temecula City Council, Council District 5 1 1 < o o_ � < = m Cn W N o_ N c Z 335022 Total 0 0 Unincorporated - Total 11373 1 5249 46.15 % 2758 1837 Unincorporated 335000 Total 1 1 100.00 % * *** 335002 Total 3373 1710 50.70 % 922 574 335008 Total 1332 694 52.10 % 367 244 335012 Total 3652 1394 38.17 % 723 472 335013 Total 1715 893 52.07 % 464 336 335020 Total 1300 557 42.85 % 281 211 335022 Total 0 0 Rancho District California Water I Total I 113731 52491 46.15 %I I 27581 1837 335000 Total 1 1 100.00 % * *** 335002 Total 3373 1710 50.70 % 922 574 335008 Total 1332 694 52.10 % 367 244 335012 Total 3652 1394 38.17 % 723 472 335013 Total 1715 893 52.07 % 464 336 335020 Total 1300 557 42.85 % 281 211 335022 Total 0 0 Unincorporated - Community Total 11373 5249 46.15 % 2758 1837 Services Districts 335000 Total 1 1 100.00 % * *** 335002 Total 3373 1710 50.70 % 922 574 335008 Total 1332 694 52.10 % 367 244 335012 Total 3652 1394 38.17 % 723 472 335013 Total 1715 893 52.07 % 464 336 335020 Total 1300 557 42.85 % 281 211 335022 Total 0 0 Unincorporated - County Total 11373 5249 46.15 % 2758 1837 Water Districts sub -district 335000 Total 1 1 100.00 % *** 335002 Total 3373 1710 50.70 % 922 574 335008 Total 1332 694 52.10 % 367 244 335012 Total 3652 1394 38.17 % 723 472 335013 Total 1715 893 52.07 % 464 336 335020 Total 1300 557 42.85 % 281 211 335022 Total 0 0 Unincorporated - Fire Districts 1 Totall 113731 52491 46.15 %1 1 27581 1837 Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12367 of 15484 Riverside Riverside 2022 General District Canvass November 8, 2022 1 Temecula City Council, Council District 5 1 1 c CD n � <, m T = DN m moo o n y a o ZD 7�S. Or Zr 335000 Total 1 1 100.00 % 335002 Total 3373 1710 50.70 % 922 574 335008 Total 1332 694 52.10 % 367 244 335012 Total 3652 1394 38.17 % 723 472 335013 Total 1715 893 52.07 % 464 336 335020 Total 1300 557 42.85 % 281 211 335022 Total 0 0 Unincorporated - Health Care Total 11373 5249 46.15 % 2758 1837 Districts 335000 Total 1 1 100.00 % '" 335002 Total 3373 1710 50.70 % 922 574 335008 Total 1332 694 52.10 % 367 244 335012 Total 3652 1394 38.17 % 723 472 335013 Total 1715 893 52.07 % 464 336 335020 Total 1300 557 42.85 % 281 211 335022 Total 0 0 Unincorporated - Health Care Total 11373 5249 46.15 % 2758 1837 Districts sub -district 335000 Total 1 1 100.00 % *" 335002 Total 3373 1710 50.70 % 922 574 335008 Total 1332 694 52.10 % 367 244 335012 Total 3652 1394 38.17 % 723 472 335013 Total 1715 893 52.07 % 464 336 335020 Total 1300 557 42.85 % 281 211 335022 Total 0 0 Unincorporated - Library Total 11373 5249 46.15 % 2758 1837 Districts 335002 Total 3373 1710 50.70 % 922 574 335008 Total 1332 694 52.10 % 367 244 335012 Total 3652 1394 38.17 % 723 472 335013 Total 1715 893 52.07 % 464 336 335020 Total 1300 557 42.85 % 281 211 Eastern Municipal Water Total 11372 5248 46.15 % 2757 1837 District, Division 2 335000 Total 1 1 100.00 % 335022 Total 0 0 Western Municipal Water Total 1 1 100.00 % '* '* Dist.,Division 3/Por. Orange Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12368 of 15484 Riverside Riverside 2022 General District Canvass November 8, 2022 1 Temecula City Council, Council District 5 1 1 a c n CAD <. = m Cn o m N d n N o DN � 71 0r- z r- 335000 Total 1 1 100.00 % "' 335002 Total 3373 1710 50.70 % 922 574 335008 Total 1332 694 52.10 % 367 244 335012 Total 3652 1394 38.17 % 723 472 335013 Total 1715 893 52.07 % 464 336 335020 Total 1300 557 42.85 % 281 211 335022 Total 0 0 Unincorporated - Recreation & Total 11373 5249 46.15 % 2758 1837 Parks Districts 335000 Total 1 1 100.00 % "*" 335002 Total 3373 1710 50.70 % 922 574 335008 Total 1332 694 52.10 % 367 244 335012 Total 3652 1394 38.17 % 723 472 335013 Total 1715 893 52.07 % 464 336 335020 Total 1300 557 42.85 % 281 211 335022 Total 0 0 Unincorporated - Recreation & Total 11373 5249 46.15 % 2758 1837 Parks Districts sub -district 335000 Total 1 1 100.00 % — 335002 Total 3373 1710 50.70 % 922 574 335008 Total 1332 694 52.10 % 367 244 335012 Total 3652 1394 38.17 % 723 472 335013 Total 1715 893 52.07 % 464 336 335020 Total 1300 557 42.85 % 281 211 335022 Total 0 0 Unincorporated - Water Total 11373 5249 46.15 % 2758 1837 Agencies sub -district 11373 5249 46.15 % 2758 1837 Contest Total *** Indicates vote data was suppressed due to voter privacy settings Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12369 of 15484 tem No. 20 CITY OF TEMECULA / TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/Executive Director and City Council/Board of Directors Randi Johl, Director of Legislative Affairs/City Clerk December 13, 2022 Appoint the Mayor, Mayor Pro Tempore, President, Vice -President for Calendar Year 2023 PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council/Board of Directors: 1. Appoint the Mayor and Mayor Pro Tempore, effective January 1, 2023, to serve in this capacity until December 31, 2023; and 2. Appoint the President and Vice -President, effective January 1, 2023 to serve in this capacity until December 31, 2023. BACKGROUND: The City Council and Board of Directors appoint members to serve as Mayor, Mayor Pro Tempore, President and Vice -President annually. These appointments are effective January 1, 2023. The newly appointed Mayor, Mayor Pro Tempore, President and Vice -President will preside through calendar year 2023. FISCAL IMPACT: None ATTACHMENTS: None REQUESTS TO SPEAK AND ELECTRONIC COMMENTS SUBMITTED FOR THE RECORD REQUEST TO SPEAK CITY OF TEMECULA 1989 ii 22 Date: 1 2 - [J —2 Z Public Comment: Non -Agenda Item: Agenda Item: ❑ Future Agenda Item: Item Description or Item No. �),Al' 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 rec rd. `�♦ Address: Email address: If you are representing an organization or group, please give the name: Vi-4A_— s Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA I989 Date: 1 " Public Comment: Non -Agenda Item: Agenda Item: Future Agenda Item: El Item Description or Item No- % Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. /1 p/ ma Name: Ir�(�i t� Phone Number: � " Address: Email address: If you are representing an organization or group, please give the name: v Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Public Comment Non -Agenda Item: Item Description or Item No. REQUEST TO SPEAK CITY OF TEMECULA Date: — Agenda Item: Future Agenda Item: f 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: r�esf �rp h6auvvl r Phone Number: Address: 2Cu`a Email address: he 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 REQUEST TO SPEAK CITY OF TEMECULA Date: �� J Non -Agenda Item: ❑ Agenda Item: Future Agenda Item: ❑ Item Description or Item No Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk rp for to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. 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: 1-1 Item Description or Item No. REQUEST TO SPEAK CITY OF TEMECULA Date: 2 2--- Agenda Item: Future Agenda Item: ❑ 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. -9 Name: Phone Number. (;�;% Address: Email address: — If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Public Comment: Non -Agenda Item: ❑ Item Description or Item No. REQUEST TO SPEAK CITY OF TEMECULA Date: Agenda Item: Future Agenda Item: ❑ S61= ©r CCU ci c _ 4- t NJ 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: _lil ((�) 1P Lhl1 LAkSoPhone Number:% 1—* —6 address: 071 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 C9N9' > 3 ZZ Date: Public Comment. Non -Agenda Item: ❑ Agenda Item: ❑ Future Agenda Item: ❑ Item Description or Item No. Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk rp for 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: MTkL 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 14!{9 Date: Public Comment: Non -Agenda Item: Agenda Item: Future Agenda Item: El Item Description or Item No. Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk 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 rec rd. - � /� l t �n Address: �% _( J � Email address: rM;- . yo a represents an or niz t� n or ro please giv the name:. `' �`� Se ` � e � -L 1'�c4 Please note that all information p esented at a City until meeting becomes public record. All information provided is optional. 1 Subject:FW: Debt/Liability Paydown Strategy - Congratulations!! From: Shawn Nelson < Sent: Monday, December 12, 2022 3:17 PM To: Matt Rahn <matt.rahn@TemeculaCA.gov>; Zak Schwank <Zak.Schwank@temeculaca.gov>; Maryann Edwards <Maryann.Edwards@TemeculaCA.gov>; James Stewart <James.Stewart@TemeculaCA.gov>; Jessica Alexander <Jessica.Alexander@TemeculaCA.gov> Cc: Aaron Adams <aaron.adams@temeculaca.gov>; Jennifer Hennessy <jennifer.hennessy@temeculaca.gov>; Randi Johl <randi.johl@temeculaca.gov> Subject: Debt/Liability Paydown Strategy - Congratulations!! CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mayor and Members of the City Council, John Quincy Adams once said, "To know who you are, you must know who you were." I worked for the City of Temecula for 21 years. During the majority of this time, the only debt the City had was the Certificates of Participation (COP) that were sold in 1992 to build the Temecula Community Recreation Center. The debt was approximately $5 million, and was secured by the TCSD rates and charges. It was NOT a general fund debt. In 2008, we decided for the first time ever to pursue a general fund financing mechanism for the Temecula Civic Center at $24 million. The COP term was for 30 years, and would have been paid off in 2038. In January, 2008, we went to San Francisco to meet with the rating agencies for the COP's that would be sold to raise the $24 million. We told the Financing Team that we wanted to have the ability to pay off the COP's any time after 3 years. They said "Why would you want to do that?" We said because we didn't want any long term debt to our general fund. They responded that Cities or public agencies normally do not consider a prepayment option . So we paid a 0.25% higher interest rate to pay off the bonds anytime after 3 years. We planned to do just that. But by the end of 2008, we were in the worst recession that the country had seen in decades. We lost $20 million in annual revenue by the third year of the recession and as a result, we could not pay off the Civic Center debt. The good news was with the recession, we saved $10 million in construction costs. The Temecula Civic Center became a catalyst that generated several hundreds of millions in private investment in Old Town Temecula. The Temecula Civic Center was one of the best financial investments that the City of Temecula ever made. To combat the recession, interest rates began to go significantly down. In 2011, we refinanced the Civic Center debt by lowering the interest rate while essentially paying the same annual payment. This eliminated 7 years of debt service while saving $9.4 million in interest costs. The bonds would now be paid off in 2031 instead of 2038. 2 Fast forward to today, the City Council is now considering the approval of the Debt/Liability Paydown Strategy at the Dec. 13th Council meeting. Not only will this plan pay off the Civic Center debt, but also the Margarita Community Center debt, the unfunded PERS liability debt, and the unfunded retiree medical debt. In the process, the City will save in excess of $30 million in interest costs and free up over $3 million per year. The debt in these four categories will be paid off in 7 years. Temecula is blessed to have Aaron and Jennifer on our City team along with all the wonderful staff that supports them. Also, great job to Matt and Maryann for their efforts on the subcommittee. I strongly support the staff recommendation to approve the Debt/Liability Paydown Strategy. Congratulations on a job well done. It's the Temecula way. Shawn