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11282023 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 NOVEMBER 28, 2023 - 6:00 PM COUNCIL MEMBER CURTIS BROWN TO PARTICIPATE ELECTRONICALLY VIA ZOOM FROM: SHERATON MAUI 2605 KAANAPALI PARKWAY LAHAINA, MAUI, HI 96761 CLOSED SESSION - 5:00 PM CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(4) with respect to two 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 and the City Council will decide whether to initiate litigation. CALL TO ORDER: Mayor Zak Schwank INVOCATION: Antonio Madrigal of The Eschatologist FLAG SALUTE: Mayor Zak Schwank ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart PRESENTATIONS Certificates of Recognition to Temecula Preparatory School Girls Volleyball CIF Champions Certificates of Recognition to Temecula Pony All Stars 14U Western Division Champions BOARD / COMMISSION REPORTS Community Services Commission, Planning Commission and Race, Equity, Diversity and Inclusion Commission PUBLIC SAFETY REPORT County of Riverside, Riverside County Sheriffs Department Page 1 City Council Agenda November 28, 2023 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. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten minutes will be devoted to these reports. CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the City Council on matters 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. Speaker cards will be called in the order received. Still images maybe displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 1. Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda Recommendation: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda. Attachments: Agenda Report 2. Aonrove Action Minutes of November 14. 2023 Recommendation: That the City Council approve the action minutes of November 14, 2023. Attachments: Action Minutes 3. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Page 2 City Council Agenda November 28, 2023 TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Attachments: Agenda Report Resolution List of Demands 4. Adopt Ordinance No. 2023-11 Amending Title 17 of the Temecula Municipal Code to Implement the Programs in the City's Housing Element (Second Reading) Recommendation: That the City Council adopt an ordinance entitled: ORDINANCE NO. 2023-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO IMPLEMENT THE PROGRAMS IN THE CITY' S HOUSING ELEMENT BY (1) ADDING DEFINITIONS FOR AGRICULTURAL EMPLOYEE HOUSING, EMPLOYEE HOUSING, FAMILY DAY CARE HOME, LARGE FAMILY DAY CARE HOME, LOW BARRIER NAVIGATION CENTER AND SMALL FAMILY DAY CARE HOME, (2) PROVIDING THAT EMPLOYEE HOUSING AND AGRICULTURAL EMPLOYEE HOUSING ARE PERMITTED USES IN THE HR, RR, VL, L-1, L-2, LM, M, AND H ZONES, (3) PROVIDING THAT RESIDENTIAL CARE FACILITIES FOR THE ELDERLY (SEVEN OR MORE) ARE PERMITTED USES IN THE HR, RR, VL, L-1, L-2, LM, HR-SM ZONES, (4) PROVIDING THAT RESIDENTIAL CARE FACILITIES (SEVEN OR MORE) ARE PERMITTED USES IN THE HR, RR, VL, L-1, L-2, LM, M, AND HR-SM ZONES, (5) PROVIDING THAT COMMUNITY CARE FACILITIES ARE PERMITTED IN ALL RESIDENTIAL ZONES, (6) ADDING SUPPORTIVE HOUSING STANDARDS, (7) PROVIDING THAT SUPPORTIVE HOUSING, TRANSITIONAL HOUSING AND LOW BARRIER NAVIGATION CENTERS ARE PERMITTED USES IN THE NC, CC, HT, SC, PO, PI, PDO-2, PDO-4R, PDO-5, PDO-6, PDO-7, PDO-10, AND PDO-14 ZONES, (8) PROVIDING THAT TRANSITIONAL HOUSING AND SUPPORTIVE HOUSING ARE A PERMITTED USE IN THE PDO-11, PDO-12 AND PDO-15 ZONES, (9) UPDATING EMERGENCY SHELTER PARKING STANDARDS, (10) REVISING REASONABLE ACCOMMODATION REGULATIONS, (11) REVISING PARKING STANDARDS FOR MULTI -FAMILY RESIDENTIAL USES WITH 12 UNITS OR LESS, (12) MAKING OTHER REVISIONS TO CONFORM WITH CHANGES IN STATE LAW, AND (13) MAKING A FINDING THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED UNDER CALIFORNIA Page 3 City Council Agenda November 28, 2023 ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION 15162 Attachments: Agenda Report Ordinance 5. Adopt Ordinance No. 2023-12 Amending Title 17 of the Temecula Municipal Code Pertaining to Accessory Dwelling Unit Regulations (Second Reading) Recommendation: That the City Council adopt an ordinance entitled: ORDINANCE NO.2023-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17.23 OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING UNIT (ADU) REGULATIONS AND PROVIDING THAT ADUS ARE PERMITTED IN THE PDO-5, PDO-7, PDO-9, PDO-10, PDO-11, PDO-12, AND PDO-15 ZONES, AND REVISING ADU REGULATIONS, AND MAKING A FINDING THAT THE ORDINANCE IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.17 Attachments: Agenda Report Ordinance 6. AUUrove Citv Council Meetine Schedule for December 2023 Recommendation: That the City Council approve the cancellation of the December 26, 2023 meeting. Attachments: Agenda Report 7. Approve Grant Agreement with the Department of Housing and Urban Development for Community Project Funding for the DePortola Road/Jedediah Smith Road Roundabout Project, PW23-01 Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO APPROVE THE GRANT AGREEMENT WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR COMMUNITY PROJECT FUNDING (CPF) AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT AND ALL PERTINENT SUPPLEMENTAL DOCUMENTS Page 4 City Council Agenda November 28, 2023 Attachments: Agenda Report RPcnIIItinn Grant Agreement 8. Approve Grant of Public Utility Easement and Temporary Construction Easement on Property Owned by Long Stores, California, L.L.C. in Connection with the Santa Gertrudis Creek Phase II - Margarita Under -Crossing (APN 920-080-020) Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN GRANT OF PUBLIC UTILITY EASEMENT AND THE TEMPORARY CONSTRUCTION EASEMENT GRANTED BY LONGS DRUG STORES CALIFORNIA, L.L.C. IN CONNECTION WITH THE SANTA GERTRUDIS CREEK PHASE II - MARGARITA UNDER -CROSSING, PW19-04 AND MAKING FINDINGS THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO SECTION 15162 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES AND SECTION 21166 OF THE PUBLIC RESOURCES CODE (APN 920-080-020) Attachments: Agenda Report Resolution with attachments 9. Approve Agreements with Hewlett-Packard Financial Services Company for Technology Infrastructure and DataBank Holdings Ltd. for Disaster Recovery Colocation Services Recommendation: That the City Council: 1. Approve a five-year Master Lease Purchase Agreement with Hewlett-Packard Financial Services Company for equipment and services for technology infrastructure for an annual amount of $489,040.12 and a total agreement amount of $2,445,220.60 including tax; and 2. Approve a Master Services Agreement with DataBank Holdings Ltd. for disaster recovery colocation services, the cost of which is included in the lease amount; and 3. Approve contingency in the amount of $244,520 which is equal to 10% of the agreement amount, for a total agreement amount of $2,689,720.60. Page 5 City Council Agenda November 28, 2023 Attachments: Agenda Report Agreement - Hewlett-Packard Financial Incumbency Certificate Agreement - DataBank Holdings Helixstorm - Quote 10. Approve First Amendment to Community Reinvestment Program Funding to California State University San Marcos for Facility Improvements at Mount San Jacinto College, Temecula Valley Campus Recommendation: That the City Council: 1. Approve the first amendment to Community Reinvestment Program funding to California State University San Marcos for facility improvements at Mount San Jacinto College, Temecula Valley Campus; and 2. Authorize the City Manager to execute related amendment(s) or agreements. Attachments: Agenda Report First Amendment MSJC Letter of Request 11. Approve Second Amendment to Agreement with Falcon Engineering Services. Inc. for On -Call Construction Management Services Recommendation: That the City Council approve the second amendment to the agreement with Falcon Engineering Services, Inc. for on -call construction management services, to increase payment in the amount of $500,000, for a total agreement amount of $1,500,000. Attachments: Agenda Report Second Amendment 12. Accept Improvements and File the Notice of Completion for the Pavement Rehabilitation Program - Citywide, Ynez Road, Solana Way, Nicolas Road and Winchester Road, PW21-10 Recommendation: That the City Council: 1. Accept the construction of the Pavement Rehabilitation Program - Citywide, Ynez Road, Solana Way, Nicolas Road and Winchester Road, PW21-10, as complete; and 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the final contract amount; and Page 6 City Council Agenda November 28, 2023 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. Attachments: Agenda Report Notice of Completion Maintenance Bond Contractor's Affidavit and Final Release RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND/OR THE TEMECULA PUBLIC FINANCING AUTHORITY Page 7 City Council Agenda November 28, 2023 TEMECULA COMMUNITY SERVICES DISTRICT MEETING CALL TO ORDER: President James Stewart ROLL CALL: Alexander, Brown, Kalfus, 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. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by 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. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 13. Approve Action Minutes of November 14, 2023 Recommendation: That the Board of Directors approve action minutes of November 14, 2023. Attachments: Action Minutes CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTOR REPORTS CSD ADJOURNMENT The next regular meeting of the Temecula Community Services District will be held on Tuesday, December 12, 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 8 City Council Agenda November 28, 2023 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY - NO MEETING TEMECULA HOUSING AUTHORITY - NO MEETING TEMECULA PUBLIC FINANCING AUTHORITY - NO MEETING RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of a project at the time of the hearing. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at or prior to the public hearing. For public hearings each speaker is limited to 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be included into the record. 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. 14. Introduce Ordinance Amending Title 5 and 17 of the Temecula Municipal Code Making Various Technical Revisions Recommendation: That the City Council introduce and read by title only an ordinance entitled: •10IZ \•. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 5 AND 17 OF THE TEMECULA MUNICIPAL CODE MAKING MINOR REVISIONS TO MASSAGE ESTABLISHMENT, ACCESSORY DWELLING UNIT, HOME OCCUPATION PERMITS, AND TEMPORARY USE PERMIT REGULATIONS, ESTABLISH BATTERY STORAGE AND SHIPPING CONTAINER STANDARDS, CLARIFY THE PERMITTED USES ALLOWED IN THE OPEN SPACE -CONSERVATION DISTRICT, Page 9 City Council Agenda November 28, 2023 MODIFY THE DEFINITION OF SPECIALTY MARKET AND RESTAURANT, ADD DEFINITION FOR HEALTH AND EXERCISE CLUBS, MAKE OTHER CLERICAL REVISIONS AND MAKE A FINDING OF EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061 (13)(3) Attachments: Agenda Report Ordinance PC Resolution No. 2023-20 Notice of Public Hearing Notice of Exemption 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. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 15. Approve 2023 Annual Public Recognitions Pursuant to Policy (At the Request of Subcommittee Members Alexander and Stewart) Recommendation: That the City Council approve the 2023 annual public recognitions pursuant to the related policy. Attachments: Agenda Report Policy - Public Recognitions Ed Morel Nomination Packet Rosie Vanderhaak Nomination Packet Roger Epperson Nomination Packet Ron Parks Nomination Packet Wilder Hills Recognition Packet 16. Adopt Complete Streets Program Policy Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A COMPLETE STREETS PROGRAM THAT AIMS TO ENSURE ROADWAYS ACCOMMODATE AND PRIORITIZE THE NEEDS OF ALL USERS AND MAKING A Page 10 City Council Agenda November 28, 2023 FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (LONG RANGE PROJECT NO. LR23-0043) Attachments: Agenda Report Resolution with Exhibit 17. Receive Update Regarding the Nicolas Road Multi -Use Trail Extension Recommendation: That the City Council affirm plans for the construction of the Nicolas Road Extension and Nicolas Road Multi -Use Trail as recommended by the Trails/Open Space Ad Hoc Subcommittee consisting of Mayor Schwank and Mayor Pro Tempore Stewart. Attachments: Agenda Report Exhibit A - Trail Type G Exhibit B - Trail Type H Exhibit C - Recommended Trails and Bikeways DEPARTMENTAL REPORTS (RECEIVE AND FILE) 18. Community Development Department Monthly Report Attachments: Agenda Report Planning Activity Report 19. Fire Department Monthly Report Attachments: Agenda Report Fire Monthly Report 20. Police Department Monthly Report Attachments: Agenda Report 21. Public Works Department Monthly Report Attachments: Agenda Report Project Status Report ITEMS FOR FUTURE CITY COUNCIL AGENDAS Any Council Member, including the Mayor, may request an item be placed on a future agenda. Any such request will be discussed under this section. In making the request, a Council Member may briefly describe the topic of the proposed agenda item and any timing associated with the placement of the item on the agenda. This description shall not exceed 3 minutes. No substantive discussion on the subject of the motion may occur. Items may only be placed on the agenda by Council Members pursuant to policy Page 11 City Council Agenda November 28, 2023 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 ADJOURNMENT The next regular meeting of the City Council will be held on Tuesday, December 12, 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 12 Item No. 1 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: November 28, 2023 SUBJECT: Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda. 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. In accordance with Government Code Section 34934, the title of each ordinance is included on the published agenda and a copy of the full ordinance has been available to the public online on the City's website and will be available in print at the meeting prior to the introduction or passage of the ordinance. Unless otherwise required, the full reading of the title and text of all ordinances and resolutions is waived. FISCAL IMPACT: None ATTACHMENTS: None Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA NOVEMBER 14, 2023 - 6:00 PM COUNCIL MEMBER CURTIS BROWN TO PARTICIPATE ELECTRONICALLY VIA ZOOM FROM: SHERATON MAUI 2605 KAANAPALI PARKWAY LAHAINA, MAUI, HI 96761 CALL TO ORDER at 6:00 PM: Mayor Zak Schwank INVOCATION: Moment of Silence FLAG SALUTE: Mayor Zak Schwank ROLL CALL: Alexander, Brown (virtual), Kalfus, Schwank, Stewart PRESENTATIONS Presentation by Habitat for Humanity Inland Valley Regarding Programs and Services BOARD / COMMISSION REPORTS Planning Commission and Traffic Safety Commission PUBLIC SAFETY REPORT County of Riverside, Fire Department (CAL FIRE) PUBLIC COMMENTS - NON -AGENDA ITEMS The following individual(s) addressed the City Council: • Bernard Budney • Hans Kernkamp • Laurel Lamont • Carol Tice • Melissa Bourbannais • Sandra Cox • Love Bailey PUBLIC COMMENTS - AGENDA ITEMS The following individual(s) addressed the City Council: • Laurel Lamont (Item #4) • Melissa Bourbannais (Item #4) CITY COUNCIL REPORTS CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (5-0): Motion by Stewart, Second by Kalfus. The vote reflected unanimous approval. 1. Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda Recommendation: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda. 2. Approve Action Minutes of October 24, 2023 Recommendation: That the City Council approve the action minutes of October 24, 2023. 3. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2023-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4. Adopt Ordinance No. 2023-09 Approving a Planned Development Overlay Amendment (Planning Application No. PA23-0260) (Second Reading) Recommendation: That the City Council adopt an ordinance entitled: ORDINANCE NO. 2023-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A PLANNED DEVELOPMENT OVERLAY AMENDMENT TO THE LINFIELD CHRISTIAN SCHOOL PLANNED DEVELOPMENT OVERLAY (PDO 7) GENERALLY LOCATED NORTH OF PAUBA RD., SOUTH OF RANCHO VISTA RD., EAST OF TEMECULA VALLEY HIGH SCHOOL, AND WEST OF GREEN TREE RD., AND MAKE A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (APN: 955-020- 012, 017, 018, AND 019) (PA23-0260) Approved the Staff Recommendation (4-0, Kalfus abstained): Motion by Schwank, Second by Alexander. The vote reflected unanimous approval with Kalf is abstaining. Council Member Kalf is and Deputy City Manager Luke Watson will not be participating due to conflicts of interest and will leave the Council Chamber. Council Member Kalfus' wife is a 5. 6 teacher at Linfield School which is where this PDO will be amended and Deputy City Manager Watson has children attending the school. They will need to leave the Council Chamber. Council Member Kalfus and Deputy City Manager Watson did leave the Council Chamber while this item was being considered and did not participate in the consideration of the item. Adopt Ordinance No. 2023-10 Amending Temecula Municipal Code Section 2.40.100 Relating to Compensation for City Board and Commission Members (Second Reading) Recommendation: That the City Council adopt an ordinance entitled: ORDINANCE NO. 2023-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 2.40.100 OF THE TEMECULA MUNICIPAL CODE RELATING TO COMPENSATION FOR CITY BOARD AND COMMISSION MEMBERS Approved the Staff Recommendation (4-1, Alexander opposing): Motion by Stewart, Second by Kalfus. The vote reflected unanimous approval with Alexander opposing. Approve Resolution Authorizing Withdrawal of Funds from City's Pension Trust to Make Additional Discretionary Payment to Ca1PERS Retirement System Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2023-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE TRANSFER OF $2,000,000 FROM THE CITY'S PENSION RATE STABILIZATION TRUST TO MAKE AN ADDITIONAL DISCRETIONARY PAYMENT TO CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM 7. Approve Recommendation for Community Service Funding Grant Program for Fiscal Year 2023-24 (At the Request of Subcommittee Members Schwank and Stewart) Recommendation: That the City Council approve the recommended award and allocation of $100,000 to fund grant applications received from non-profit organizations for the Community Service Funding Grant Program Fiscal Year 2023-24. 8. Authorize the Submittal of an Application to the Department of Resources Recycling and Recovery for Funding from the Fiscal Year 2022-23 SB 1383 Local Assistance Grant Program Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2023-85 9. 10. 11. 12. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO AUTHORIZE THE SUBMITTAL OF AN APPLICATION TO THE DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CALRECYCLE) FOR FUNDING FROM THE FISCAL YEAR 2022-23 SB 1383 LOCAL ASSISTANCE GRANT PROGRAM Approve Increase to Professional Services Contingency Authorization for the Margarita Recreation Center Project, PW17-21 Recommendation: That the City Council: 1. Approve an increase to the contingency for professional services for the Margarita Recreation Center Project, PW 17-21 by $40,000; and 2. Increase the City Manager's authorized contingency by $40,000. Approve Agreement with Southstar Engineering & Consulting, Inc. for Consultant Services for the I-15 Congestion Relief Project, PW19-02 Recommendation: That the City Council approve the agreement with Southstar Engineering & Consulting, Inc., in an amount not to exceed $968,813.40, to provide professional construction management services for the I-15 Congestion Relief Project, PW19-02. Approve First Amendment to Agreement with Pacific Striping, Inc. for Citywide Repainting of Traffic Striping Recommendation: That the City Council approve the first amendment to the agreement with Pacific Striping, Inc. for Citywide Repainting of Traffic Striping, in the amount of $300,000, for a total agreement amount of $2,241,500. Approve Third Amendment to Agreement with Inland Empire Property Services for Weed Abatement Services Recommendation: That the City Council approve the third amendment to the agreement with Inland Empire Property Services for weed abatement services, in the amount of $100,000, for a total agreement amount of $400,000. 13. Approve Fifth Amendment to Agreement with David Evans and Associates, Inc. for the Diaz Road Expansion Project, PW17-25 Recommendation: That the City Council: 1. Approve the fifth amendment to the agreement with David Evans and Associates, Inc., in the amount of $100,000, for additional contingency in support of the professional design and environmental services of the Diaz Road Expansion Project, PW17-25; and 2. Increase the City Manager's authority to approve extra work authorizations by $100,000. 14. Approve List of Prequalified Bidders and Authorize Solicitation of Design -Build Proposals for Ronald Reagan Sports Park Hockey Rink Project, PW22-06 Recommendation: RECESS: That the City Council: 1. Approve the list of prequalified bidders; and 2. Authorize the Department of Public Works to solicit proposals for design -build services from the list of prequalified bidders for the Ronald Reagan Sports Park Hockey Rink Project, PW22-06. At 7:02 PM, the City Council recessed and convened as the Temecula Community Services District Meeting. At 7:06 PM the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 16. Introduce Ordinances Amending Title 17 of the Temecula Municipal Code to Implement Programs in the City's Housing Element and Amending Accessory Dwelling Unit Regulations Recommendation: That the City Council introduce the following ordinances entitled: ORDINANCE NO. 2023-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO IMPLEMENT THE PROGRAMS IN THE CITY'S HOUSING ELEMENT BY (1) ADDING DEFINITIONS FOR AGRICULTURAL EMPLOYEE HOUSING, EMPLOYEE HOUSING, FAMILY DAY CARE HOME, LARGE FAMILY DAY CARE HOME, LOW BARRIER NAVIGATION CENTER AND SMALL FAMILY DAY CARE HOME, (2) PROVIDING THAT EMPLOYEE HOUSING AND AGRICULTURAL EMPLOYEE HOUSING ARE PERMITTED USES IN THE HR, RR, VL, L-1, L-2, LM, M, AND H ZONES, (3) PROVIDING THAT RESIDENTIAL CARE FACILITIES FOR THE ELDERLY (SEVEN OR MORE) ARE PERMITTED USES IN THE HR, RR, VL, L-1, L-2, LM, AND HR-SM ZONES, (4) PROVIDING THAT RESIDENTIAL CARE FACILITIES (SEVEN OR MORE) ARE PERMITTED USES IN THE HR, RR, VL, L-1, L-2, LM, M, AND HR-SM ZONES, (5) PROVIDING THAT COMMUNITY CARE FACILITIES ARE PERMITTED IN ALL RESIDENTIAL ZONES, (6) ADDING SUPPORTIVE HOUSING STANDARDS, (7) PROVIDING THAT SUPPORTIVE HOUSING, TRANSITIONAL HOUSING AND 5 LOW BARRIER NAVIGATION CENTERS ARE PERMITTED USES IN THE NC, CC, HT, SC, PO, PI, PDO-2, PDO-4R, PDO-5, PDO-6, PDO-7, PDO-10, AND PDO-14 ZONES, (8) PROVIDING THAT TRANSITIONAL HOUSING AND SUPPORTIVE HOUSING ARE A PERMITTED USE IN THE PDO-11, PDO-12 AND PDO-15 ZONES, (9) UPDATING EMERGENCY SHELTER PARKING STANDARDS, (10) REVISING REASONABLE ACCOMMODATION REGULATIONS, (11) REVISING PARKING STANDARDS FOR MULTI -FAMILY RESIDENTIAL USES WITH 12 UNITS OR LESS, (12) MAKING OTHER REVISIONS TO CONFORM WITH CHANGES IN STATE LAW, AND (13) MAKING A FINDING THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION 15162 ORDINANCE NO. 2023-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17.23 OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING UNIT (ADU) REGULATIONS AND PROVIDING THAT ADU'S ARE PERMITTED IN THE PDO-5, PDO-7, PDO-9, PDO-10, PDO-11, PDO-12, AND PDO-15 ZONES, AND REVISING ADU REGULATIONS, AND MAKING A FINDING THAT THE ORDINANCE IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.17 Approved the Staff Recommendation (5-0): Motion by Stewart, Second by Kalf is. The vote reflected unanimous approval. BUSINESS 17. Approve Four City Council Protocol Manual Policies (At the Request of Subcommittee Members Alexander and Kalfus) Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2023-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING FOUR CITY COUNCIL POLICIES GOVERNING THE OPERATIONS OF THE CITY COUNCIL FOR INCLUSION IN THE CITY COUNCIL PROTOCOL MANUAL Approved the Staff Recommendation (5-0): Motion by Alexander, Second by Stewart. The vote reflected unanimous approval. 6 ITEMS FOR FUTURE CITY COUNCIL AGENDAS CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT At 7:27 PM, the City Council meeting was formally adjourned to Tuesday, November 28, 2023, at 4:30 PM for Closed Session, with regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Zak Schwank, 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: November 28, 2023 SUBJECT: Approve List of Demands PREPARED BY: Tricia Hawk, Finance Manager 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.2023- 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 $3,238,890.74. 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 28th day of November, 2023. Zak Schwank, 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. 2023- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 28th day of November, 2023, 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 10/30/2023 - 11/10/2023 TOTAL CHECK RUN: 11/9/2023 TOTAL PAYROLL RUN: 2,425,351.89 813,538.85 TOTAL LIST OF DEMANDS FOR 11/28/2023 COUNCIL MEETING: g 3,238,890.74 Check # Check Date Vendor # Vendor Invoice # Description Invoice Net 600678 11/02/2023 2937 72 HOUR LLC WF8563 TRUCK PURCHASE: PARKS $79,633.12 600728 11/09/2023 2238 79 FIELD HOCKEY INC 3110.202 TCSD INSTRUCTOR EARNINGS $1,039.50 300783 11/02/2023 1236 ALL AMERICAN ASPHALT 1161400 ASPHALT SUPPLIES: STREET MAINTENANCE: PW $632.15 600679 11/02/2023 1512 ALLEGRO MUSICAL VENTURES 27071 PIANO SVCS:THEATER:TCSD $625.00 600729 11/09/2023 1418 AMAZON.COM, INC 1TYD-MTIQ-9CU ENGINE WASHING AND DETAIL SUPPLIES: FIRE STATIONS $203.85 600729 11/09/2023 1418 AMAZON.COM, INC 1JDL-YCGR-7XLF MISC SUPPLIES: FINANCE $116.49 600729 11/09/2023 1418 AMAZON.COM, INC 197V-HRU-XK7R SUPPLIES:COM DEV $7.38 600729 11/09/2023 1418 AMAZON.COM, INC 1FGX-9VXT-K9W3-B ADDT PMT DUE -SHORT PAID ORIGINAL $2.00 600729 11/09/2023 1418 AMAZON.COM, INC 1VPP-7NH3-61FG REFRESHMENT SUPPLIES: CITY HALL & FOC: PW $351.24 600729 11/09/2023 1418 AMAZON.COM, INC 1DN7-1GJK-9JGV MISC SUPPLIES: CITY CLERK $181.03 600729 11/09/2023 1418 AMAZON.COM, INC 1CRW-F43G-9QY3 MISC SUPPLIES:ECO DEV $23.02 600729 11/09/2023 1418 AMAZON.COM, INC 16DY-HKDN-6FCQ OFFICE SUPPLIES: FIRE $76.07 600729 11/09/2023 1418 AMAZON.COM, INC 113R-GDR3-6QND OFFICE SUPPLIES: FIRE $18.48 15170 08/21/2023 1066 AMERICAN PLANNING ASSOCIATION 3512 MEMBERSHIP RENEWAL: PLANNING $672.00 15172 08/21/2023 1066 AMERICAN PLANNING ASSOCIATION 7833 MEMBERSHIP RENEWAL: PLANNING $788.00 15272 08/21/2023 1066 AMERICAN PLANNING ASSOCIATION 0104 MEMBERSHIP DUES: PLANNING $99.00 600680 11/02/2023 3217 ANTHOLOGY INSTITUTE PERF:02/08/24 PERFORMING ARTS AGREEMENT 2-8-24 $4,000.00 600730 11/09/2023 1725 APPLIED DEVELOPMENT ECONOMICS 7231244 COMP GENERAL PLAN UPDATE-QLMP $893.75 600730 11/09/2023 1725 APPLIED DEVELOPMENT ECONOMICS 9231244 COMP GENERAL PLAN UPDATE-QLMP $3,680.00 600730 11/09/2023 1725 APPLIED DEVELOPMENT ECONOMICS 10231244 COMP GENERAL PLAN UPDATE-QLMP $810.00 600731 11/09/2023 3272 APPLIED SATELLITE TECHNOLOGY SYSTEMS LLC 30991 SMARTPHONE ACCESS DEVICE: FIRE $917.32 300784 11/02/2023 2401 ARCTIC CIRCLE ENTERPRISES LLC N042907 GIFT SHOP MERCHANDISE: TVM: TCSD $1,129.35 600681 11/02/2023 2917 ARJONA GLORIA PERF: 10/20/23 STTLMNT: BRAZILIAN AND LATIN JAll 10/20/23 $824.50 600682 11/02/2023 3168 ASTER CONSTRUCTION SERVICES INC 4 OUTDOOR REC AREA: MPSC: CIP $166,176.94 600732 11/09/2023 1170 AUTOPARTSPROS LLC 087191 AUTO PARTS FOR PW STREET MAINTENANCE $168.92 600683 11/02/2023 1717 BARRETT ENGINEERED PUMPS 130858 PURCHASE OF PUMP, TES POOL $2,862.94 15169 08/21/2023 2194 BEENVERIFIED.COM 0101 DIGITAL SBSCPTN: CODE ENFORCEMENT $52.45 600684 11/02/2023 1827 BIBLIOTHECA LLC INV-US69645 EQUIP MAINT/ANNUL SUPPORT:TEM PUB LIBRARY: IT $22,227.27 300785 11/02/2023 2529 BIKE SHOP OF TEMECULA THE 857 BICYCLE MAINTENANCE: TEM SHERIFF $365.63 300785 11/02/2023 2529 BIKE SHOP OF TEMECULA THE 858A BICYCLE MAINTENANCE: TEM SHERIFF $378.23 600733 11/09/2023 1101 BLUETRITON BRANDS INC 03.16705212167 WATER DELIVERY SVCS: PW $11.95 600733 11/09/2023 1101 BLUETRITON BRANDS INC 03J0035623057 WATER DELIVERY SVCS: PW $21.74 600685 11/02/2023 1101 BLUETRITON BRANDS INC 13J0028662112 WATER DELIVERY SVCS: PW $73.85 600734 11/09/2023 2622 BROWN JAMAL DEON 2300.204-2310.204 TCSD INSTRUCTOR EARNINGS $2,866.50 600735 11/09/2023 2399 BUCHER BRET PHILLIP 3500.205-3515.205 TCSD INSTRUCTOR EARNINGS $4,170.60 300832 11/08/2023 1190 CAL MAT 73822163 ASPHALT SUPPLIES: STREET MAINT: PW $654.04 300832 11/08/2023 1190 CAL MAT 73828302 ASPHALT SUPPLIES: PW STREET MAINT $207.06 300788 11/02/2023 1190 CAL MAT 73797386 ASPHALT SUPPLIES: PW STREET MAINT $870.59 300787 11/02/2023 1190 CAL MAT 73806888 ASPHALT SUPPLIES: PW STREET MAINT $1,143.21 300786 11/02/2023 1190 CAL MAT 73814533 ASPHALT SUPPLIES: STREET MAINT: PW $550.87 300787 11/02/2023 1190 CAL MAT 73819314 ASPHALT SUPPLIES: STREET MAINT: PW $405.19 300789 11/02/2023 1291 CALIF NARCOTIC OFFICERS ASSN R89919 STAFF TRAINING: POLICE $225.00 300789 11/02/2023 1291 CALIF NARCOTIC OFFICERS ASSN R89927 STAFF TRAINING: POLICE $225.00 300789 11/02/2023 1291 CALIF NARCOTIC OFFICERS ASSN R89932 STAFF TRAINING: POLICE $225.00 300789 11/02/2023 1291 CALIF NARCOTIC OFFICERS ASSN R89930 STAFF TRAINING: POLICE $225.00 300834 11/08/2023 2465 CALIF NEWSPAPERS PARTNERSHIP 0000574838E BID ADVERTISING: PW - CIP, PW23-17 $945.83 300790 11/02/2023 2285 EE# 526 Reimb: NeoGov Conf REIMB: NEOGOV CONFERENCE $93.65 300791 11/02/2023 1332 CANON FINANCIAL SERVICES INC 31415175 OCT COPIERS LEASE: LIBRARY $671.56 300835 11/08/2023 2295 CANTRELL,TINA1 4200.205 TCSD INSTRUCTOR EARNINGS $280.00 300836 11/08/2023 2063 CASC ENGINEERING AND, CONSULTING INC 0049818 ENVRIONMENTAL REVIEW TTM 38924 (PA22-0047) $745.00 300792 11/02/2023 2063 CASC ENGINEERING AND, CONSULTING INC 0049378 ENGINEERING SERVICES: PW LD &TRAFFIC $185.00 300792 11/02/2023 2063 CASC ENGINEERING AND, CONSULTING INC 0049752 MISC ENGINEERING SVS: PW - CIP $630.00 600736 11/09/2023 1280 COW LLC MS61434 NETWORKING EQUIPMENT:MRC- CIP PWI7-21 $758.07 600736 11/09/2023 1280 COW LLC MV96373 MISC SMALL TOOLS & EQUIP:IT ($184.96) 600736 11/09/2023 1280 CDW LLC MR70508 NETWORKING EQUIPMENT:MRC- CIP PWI7-21 $12,738.17 600686 11/02/2023 1280 CDW LLC MR32669 MISCSMALLTOOLS& EQUIP: INFOTECH $143.44 600686 11/02/2023 1280 CDW LLC MP85403 MISC SMALLTOOLS & EQUIP: INFO TECH $291.02 600687 11/02/2023 1100 CES HOLDINGS LLC 204922 POOL SUPPLIES & SVCS: PW AQUATICS $2,706.73 600687 11/02/2023 1100 CES HOLDINGS LLC 197164 POOL SUPPLIES & SVCS: PW AQUATICS $477.00 600687 11/02/2023 1100 CES HOLDINGS LLC 197703 POOL SUPPLIES: SPLASH PAD: PW $2,322.95 300837 11/08/2023 1347 CINTAS 8406511329 FIRST AID SERVICES: RM $84.14 300837 11/08/2023 1347 CINTAS 8406511330 FIRST AID SERVICES: RM $73.35 300837 11/08/2023 1347 CINTAS 8406511327 FIRST AID SERVICES: RM $216.21 300837 11/08/2023 1347 CINTAS 8406511326 FIRST AID SERVICES: RM $48.64 300837 11/08/2023 1347 CINTAS 8406511325 FIRST AID SERVICES: RM $74.41 300837 11/08/2023 1347 CINTAS 8406511332 FIRST AID SERVICES: RM $66.72 300837 11/08/2023 1347 CINTAS 8406511333 FIRST AID SERVICES: RM $326.03 300837 11/08/2023 1347 CINTAS 8406511331 FIRST AID SERVICES: RM $123.44 300837 11/08/2023 1347 CINTAS 8406511328 FIRST AID SERVICES: RM $129.39 600737 11/09/2023 2681 CLEARSTAR INC 1467711 EMPLOYMENT SCREENINGS: HR $117.64 600688 11/02/2023 2316 CNS ENGINEERS INC 18025-23 07/01-08/25 ENG SVCS: OVRLND BR PW16-05 $72,217.53 600738 11/09/2023 1239 COAST RECREATION INC 15355 BENCHES: LIBRARY: PW $6,809.30 600739 11/09/2023 2627 EE# 604 Reimb: NEOGOV Conf REIMB: NEOGOV CONFERENCE $148.08 300838 11/08/2023 3060 COMPLETE OFFICE OF CALIFORNIA INC 4090382-0 OFFICE SUPPLIES: PLANNING $92.73 300838 11/08/2023 3060 COMPLETE OFFICE OF CALIFORNIA INC 4093123-0 OFFICE SUPPLIES: PLANNING $163.48 300838 11/08/2023 3060 COMPLETE OFFICE OF CALIFORNIA INC 4093123-1 OFFICE SUPPLIES: PLANNING $89.66 300838 11/08/2023 3060 COMPLETE OFFICE OF CALIFORNIA INC 4093339-0 OFFICE SUPPLIES: CODE ENFORCEMENT $43.39 300838 11/08/2023 3060 COMPLETE OFFICE OF CALIFORNIA INC 4095996-0 OFFICE SUPPLIES: BLDG & SAFETY $98.18 600689 11/02/2023 1543 COMPRISE TECHNOLOGIES INC 2023-420 SOFTWARE RENEWAL:TEMECULA PUBLIC LIBRARY $15,559.80 300839 11/08/2023 1172 CONSOLIDATED ELECTRICAL DIST 20240571 ELECTRICAL SUPPLIES: CITY HALL $86.34 300839 11/08/2023 1172 CONSOLIDATED ELECTRICAL DIST 8750-1035984 ELECTRICAL SUPPLIES:TVE2 $7.99 Check N Check Date Vendor N Vendor Invoice # Description Invoice Net 300839 11/08/2023 1172 CONSOLIDATED ELECTRICAL DIST 8750-1036033 ELECTRICAL SUPPLIES: CITY HALL $172.34 300840 11/08/2023 1172 CONSOLIDATED ELECTRICAL DIST 8750-1035732 ELECTRICAL SUPPLIES: FACILITIES $5.30 300840 11/08/2023 1172 CONSOLIDATED ELECTRICAL DIST 8750-1035767 ELECTRICAL SUPPLIES: FACILITIES $55.73 300793 11/02/2023 1172 CONSOLIDATED ELECTRICAL DIST 8750-1035603 ELECTRICAL SUPPLIES: PARKS $49.21 300793 11/02/2023 1172 CONSOLIDATED ELECTRICAL DIST 8750-1034706 ELECTRICAL SUPPLIES: FACILITIES $50.03 600690 11/02/2023 1666 CORELOGIC INC 82189792 SEP SOFTWARE SUBSCRIPTION: CODE ENFORCEMENT $350.50 600691 11/02/2023 3130 CORTEZ GASTELUM MARIA VICTORIA 230930 NEWSPAPER SUBSCRIPTION: MPSC: TCSD $125.00 600740 11/09/2023 1771 COSSOU, CELINE 1600.203-1625.202 TCSD INSTRUCTOR EARNINGS $620.20 300841 11/08/2023 1849 COSTAR REALTY INFORMATION INC 120474828 N0V'23 WEB SUBSCRIPTION: EGO DEV $1,296.00 300842 11/08/2023 1098 COSTCO TEMECULA 491 3509 TEEN CERT CLA55 SUPPLIES: TCC $953.10 300842 11/08/2023 1098 COSTCO TEMECULA 491 3508 MISC SUPPLIES: TVM: TCSD $95.43 300842 11/08/2023 1098 COSTCO TEMECULA 491 3507 SPECIAL EVENT SUPPLIES - 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OF THE STATE ARCHITECT QE Sep 2023 AB1379 REMITTANCE OF AB1379 - CIE SEP 2023 $250.80 600745 11/09/2023 2137 DIVERSIFIED WATERSCAPES INC 10006814 OCT WTR QUALITY MAINT: DUCK POND/HARV $7,800.00 600746 11/09/2023 1254 DOWNS ENERGY FUEL CL13866 FUEL FOR CITY VEHICLES: STREET MAINT: PW $1,625.37 600746 11/09/2023 1254 DOWNS ENERGY FUEL CL13099 FUEL FOR CITY VEHICLES: FIRE DEPT $184.94 600746 11/09/2023 1254 DOWNS ENERGY FUEL CL13860 FUEL FOR CITY VEHICLES: PARK MAINT: PW $1,617.25 600746 11/09/2023 1254 DOWNS ENERGY FUEL CL13863 FUEL FOR CITY VEHICLES: CODE ENFORCEMENT $177.84 600746 11/09/2023 1254 DOWNS ENERGY FUEL CL13882 FUEL FOR CITY VEHICLES: TRAFFIC: PW $471.66 600746 11/09/2023 1254 DOWNS ENERGY FUEL CL13864 FUEL FOR CITY VEHICLES: BLDG INSPECTORS $286.68 600746 11/09/2023 1254 DOWNS ENERGY FUEL CL12381 FUEL FOR CITY VEHICLES: PARKS: PW $2,189.28 600746 11/09/2023 1254 DOWNS ENERGY FUEL CL11704 FUEL FOR CITY VEHICLES: FIRE $272.63 600697 11/02/2023 1254 DOWNS ENERGY FUEL CL12387 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GEORGE HILLS COMPANY INC INV1026510 SUBROGATION RECOVERY FEE:GHC0060210: RM $594.84 600754 11/09/2023 2359 GILLIS AND PANICHAPAN ARCHITECTS INC 108604J ARCHITECTURAL SVCS:PW-CIP, PW19-07, ON -CALL $1,785.30 600754 11/09/2023 2359 GILLIS AND PANICHAPAN ARCHITECTS INC 108623J ARCHITECTURAL SVCS: PW-CIP, PW19-07, ON -CALL $2,130.00 600754 11/09/2023 2359 GILLIS AND PANICHAPAN ARCHITECTS INC 108624J ARCHITIECTURAL SVCS: PW-CIP, PW19-14, ON -CALL ARGM $3,365.00 600755 11/09/2023 2359 GILLIS AND PANICHAPAN ARCHITECTS INC 108605J ARCHITECTURAL SVCS: PW-CIP, PW19-07 $4,900.00 600755 11/09/2023 2359 GILLIS AND PANICHAPAN ARCHITECTS INC 108606J ARCHITIECTURAL SVCS: PW-CIP, PW19-14 $1,920.00 Check N Check Date Vendor N Vendor Invoice k Description Invoice Net 15353 08/21/2023 2044 GOAT AND VINE THE 0269 REFRESHMENTS: PLANNING COMMISSION MTG $165.29 300801 11/02/2023 1523 GOLDEN VALLEY MUSIC SOCIETY STTLMNT 10/8 & 10/22 CLASSICS @ THE MERC 10/8 & 10/22 $507.50 300802 11/02/2023 2138 GOVCONNECTION 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CHAUFFEUR SERVICES 11 $750.00 600712 11/02/2023 1493 PREMIER MARKETING INC 3185 MPSC GRAND REOPENING BALLOON ARCHES: TCSD $950.00 300809 11/02/2023 2727 QUADIENT FINANCE USA INC PPLN0110/09/23 POSTAGE SERVICES: PD $300.61 600782 11/09/2023 3136 RAMOS HR CONSULTING INC 1009 CONSULTANT SVCS:HR $5,735.00 300868 11/08/2023 1134 RANCHO CALIF BUS PK ASSOC 1077168/OCT-DEC'23 OCT-DEC'23 BUS PK ASSN DUES: TVE2 $2,479.89 300868 11/08/2023 1134 RANCHO CALIF BUS PK ASSOC 1077171/OCT-DEC'23 OCT-DEC 23 BUS PK ASSN DUES: FOC $2,045.92 600783 11/09/2023 2552 REFRIGERATION SUPPLIES, DISTRIBUTOR 60170811-00 MISC HVAC SUPPLIES: FAC: PW $155.33 600783 11/09/2023 2552 REFRIGERATION SUPPLIES, DISTRIBUTOR 60170441-00 MISC HVAC SUPPLIES: FAC: PW $209.37 600784 11/09/2023 1150 RICHARDS WATSON AND GERSHON 244590 GENERAL LEGAL SERVICES: RM $8,935.53 600713 11/02/2023 1150 RICHARDS WATSON AND GERSHON 244357 AUG 2023 LEGAL SERVICES $165.00 600713 11/02/2023 1150 RICHARDS WATSON AND GERSHON 244557 SEP 2023 LEGAL SERVICES $70.60 600713 11/02/2023 1150 RICHARDS WATSON AND GERSHON 244562 SEP 2023 LEGAL SERVICES $1,430.50 600713 11/02/2023 1150 RICHARDS WATSON AND GERSHON 244570 GENERAL LEGAL SERVICES: RM $30,003.02 600713 11/02/2023 1150 RICHARDS WATSON AND GERSHON 244571 GENERAL LEGAL SERVICES: RM $23,582.74 600713 11/02/2023 1150 RICHARDS WATSON AND GERSHON 244577 SEP 2023 LEGAL SERVICES $2,362.50 600713 11/02/2023 1150 RICHARDS WATSON AND GERSHON 244582 SEP 2023 LEGAL SERVICES $1,883.77 600713 11/02/2023 1150 RICHARDS WATSON AND GERSHON 244583 SEP 2023 LEGAL SERVICES $1,497.50 600713 11/02/2023 1150 RICHARDS WATSON AND GERSHON 244588 AUG 2023 LEGAL SERVICES $7,052.50 300810 11/02/2023 1597 RIVERSIDE CO EXECUTIVE OFFICE 2024-02TEM OCT-DEC ANIMAL SHELTER OPERATIONS $54,921.00 300811 11/02/2023 1304 RIVERSIDE TRANSIT AGENCY 86858 TROLLEY ROUTE 55 TRANSPORTATION SERVICES $2,375.80 300812 11/02/2023 1091 ROADLINE PRODUCTS INC 19198 STREET MAINTENANCE SUPPLIES, PW $551.31 300812 11/02/2023 1091 ROADLINE PRODUCTS INC 19114 STREET MAINTENANCE SUPPLIES, PW $857.71 600785 11/09/2023 2492 EE# 606 REIMB: NEOGOV CONF REIMB: NEOGOV CONFERENCE $235.84 300813 11/02/2023 3321 ROHDE HERBERT BERNARD 10/12/23 PLEIN AIR PRIZE WINNER $75.00 300869 11/08/2023 1960 ROW TRAFFIC SAFETY INC 41330 MISC STREET MAINTENANCE SUPPLIES: PW $4,155.30 300814 11/02/2023 3267 SAFEGUARD BUSINESS SYSTEMS INC 9002810384 DEPOSITTICKET: FINANCE $367.27 300814 11/02/2023 3267 SAFEGUARD BUSINESS SYSTEMS INC 9002773089 ENDORSEMENT STAMPER: FINANCE $1,031.75 Check N Check Date Vendor N Vendor Invoice # Description Invoice Net 600715 11/02/2023 1552 SANBORN GWYNETH A CO TEMECULA MUSIC ACADEIV PERF: 10/21/23 COUNTRY LIVE @ THE MERC 10/21/23 $560.00 600787 11/09/2023 2008 SARNOWSKI SHAWNA PRESTON 10102023 PHOTOGRAPHY SERVICES -CITY COUNCIL $180.00 600787 11/09/2023 2008 SARNOWSKI SHAWNA PRESTON 10242023 PHOTOGRAPHY: FIRE SPECIAL EVENTS $225.00 600716 11/02/2023 2008 SARNOWSKI SHAWNA PRESTON 10262023 MISC. PHOTOGRAPHY SERVICES $300.00 600716 11/02/2023 2008 SARNOWSKI SHAWNA PRESTON 10202023 MPSC/HUMAN SERVICES PHOTOGRAPHY $275.00 600716 11/02/2023 2008 SARNOWSKI SHAWNA PRESTON 10212023 MPSC/HUMAN SERVICES PHOTOGRAPHY $275.00 600716 11/02/2023 2008 SARNOWSKI SHAWNA PRESTON 10192023 MPSC/HUMAN SERVICES PHOTOGRAPHY $275.00 600716 11/02/2023 2008 SARNOWSKI SHAWNA PRESTON 010142023 MPSC/HUMAN SERVICES PHOTOGRAPHY $225.00 600716 11/02/2023 2008 SARNOWSKI SHAWNA PRESTON 10122023 PHOTOS FOR RIBBON CUTTINGS/OPENINGS: TCSD $300.00 600716 11/02/2023 2008 SARNOWSKI SHAWNA PRESTON 10142023 MUSEUM/ACE PHOTOGRAPHY SVCS $275.00 300870 11/08/2023 2360 SB&O INC 1023024 ENGINEERING & SURVEY SVCS: PW-GIP, PW22-16 $3,191.80 300870 11/08/2023 2360 SB&O INC 1023022 DESIGN, ENVIRO & SURVEY SVS: PW-CIP $4,053.30 300870 11/08/2023 2360 SB&OINC 1023027 ENGINEEIRNG&SURVEY SVCS:PWSW02-02 $1,911.75 300870 11/08/2023 2360 SB&O INC 1023026 ENGINEERING CONSULTANT SVCS: PW21-13 $5,960.60 300871 11/08/2023 1974 SCHOLASTIC INC EDUCATION 52724726 MISC BOOKS: RHRTPL: TCSD $32.11 300815 11/02/2023 2817 SCP DISTRIBUTORS LLC AL505759 POOL SUPPLIES: AQUATICS $128.67 300815 11/02/2023 2817 SCP DISTRIBUTORS LLC ALS06869 POOL SUPPLIES: AQUATICS $795.98 300815 11/02/2023 2817 SCP DISTRIBUTORS LLC AL505003 POOL SUPPLIES: AQUATICS ($150.00) 300815 11/02/2023 2817 SCP DISTRIBUTORS LLC ALS07114 POOL SUPPLIES: AQUATICS ($150.00) 300815 11/02/2023 2817 SCP DISTRIBUTORS LLC AL504616 POOL SUPPLIES: AQUATICS $795.98 300872 11/08/2023 1896 SEASIDE ICE LLC 1796 SKATING RINK IN OLD TOWN $38,085.00 600717 11/02/2023 1509 SHERRY BERRY MUSIC PERF: 10/19/23 JAZZ @ THE MERC 10/19/23 $500.50 300873 11/08/2023 1870 SKYFIT TECH INC 2023000507 GENERAL: MAINTENANCE:RM $185.00 600718 11/02/2023 1061 SMART & FINAL INC 10/25/23 MISC SUPPLIES: MPSC: TCSD $108.30 600788 11/09/2023 2217 SOCIAL WORK ACTION GROUP 07312023E OUTREACH SERVICES $30,248.20 600789 11/09/2023 1055 SOUTH COUNTY PEST CONTROL INC 0288669 ROUTINE PEST CONTROL: FACILITIES: PW $29.00 600789 11/09/2023 1055 SOUTH COUNTY PEST CONTROL INC 0288117 PEST CONTROL SERVICES: FIRE STATIONS $48.00 600789 11/09/2023 1055 SOUTH COUNTY PEST CONTROL INC 0288149 ROUTINE PEST CONTROL: FACILITIES: PW $52.00 600789 11/09/2023 1055 SOUTH COUNTY PEST CONTROL INC 0288734 ROUTINE PEST CONTROL: FACILITIES: PW $59.00 600789 11/09/2023 1055 SOUTH COUNTY PEST CONTROL INC 0288978 PEST CONTROL SERVICES: FIRE STATIONS $74.00 600789 11/09/2023 1055 SOUTH COUNTY PEST CONTROL INC 0288282 ROUTINE PEST CONTROL: FACILITIES: PW $36.00 600789 11/09/2023 1055 SOUTH COUNTY PEST CONTROL INC 0288295 ROUTINE PEST CONTROL: FACILITIES: PW $90.00 600789 11/09/2023 1055 SOUTH COUNTY PEST CONTROL INC 0288286 ROUTINE PEST CONTROL: FACILITIES: PW $120.00 600719 11/02/2023 1055 SOUTH COUNTY PEST CONTROL INC 0288515 ROUTINE PEST CONTROL: FACILITIES: PW $40.00 600719 11/02/2023 1055 SOUTH COUNTY PEST CONTROL INC 0288284 ROUTINE PEST CONTROL: FACILITIES: PW $56.00 600719 11/02/2023 1055 SOUTH COUNTY PEST CONTROL INC 0288495 ROUTINE PEST CONTROL: FACILITIES: PW $90.00 600719 11/02/2023 1055 SOUTH COUNTY PEST CONTROL INC 0288293 ROUTINE PEST CONTROL: FACILITIES: PW $123.00 300816 11/02/2023 3342 SPEECH AND LANGUAGE DEVELOPMENT CENTER INC FY 23/24 CSF COMMUNITY SERVICE FUNDING REINVESTMENT $5,000.00 300874 11/08/2023 1028 STADIUM PIZZA INC 09/26/23B RFRSHMNTS:ECO DEV $71.18 300874 11/08/2023 1028 STADIUM PIZZA INC 10/18/23B RFRSHMNTS: WORKFORCE DEV: TCSD $97.77 300874 11/08/2023 1028 STADIUM PIZZA INC 10/24/23 RFRSHMNTS: WORKFORCE DEV: TCSD $53.26 300874 11/08/2023 1028 STADIUM PIZZA INC 10/20/23 HUMAN SERVICES SPECIAL EVENTS: TCSD $365.85 300874 11/08/2023 1028 STADIUM PIZZA INC 10/25/23 RFRSHMNTS: CRC: TCSD $91.27 300874 11/08/2023 1028 STADIUM PIZZA INC 10/28/23 RFRSHMNTS: WORKFORCE DEV: TCSD $211.52 300875 11/08/2023 1452 STAPLES BUSINESS CREDIT 7617490058-0-2 MISC OFC SUPPLIES: PW $17.39 300817 11/02/2023 1452 STAPLES BUSINESS CREDIT 7617490058-0-1 MISC SUPPLIES: PW $153.07 300817 11/02/2023 1452 STAPLES BUSINESS CREDIT 7617406363-0-1 MISC SUPPLIES: OPERATIONS: TCSD $174.73 15352 08/21/2023 1535 STARBUCKS CORPORATION 8580 REFRESHMENTS: PUBLIC PRESENTATION MGR $22.00 600790 11/09/2023 1263 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE 686549c FINGERPRINTING SVCS: HR $49.00 600720 11/02/2023 1263 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE 686549b LIVE SCANS:TCSD; ADMIN SERVICES: TCSD $49.00 600720 11/02/2023 1263 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE 686549e FINGERPRINTING SERVICES: PI) $4,595.00 600720 11/02/2023 1263 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE 690830 JUN BLOOD & ALCOHOL ANALYSIS: PD $210.00 600720 11/02/2023 1263 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE 690717 SEP BLOOD & ALCOHOL ANALYSIS: PI) $770.00 300818 11/02/2023 2016 STC TRAFFIC INC 6533 FIBER OPTIC COMMUNICATIONS SYS $9,330.00 300876 11/08/2023 1912 STEIN ANDREW 29166 COLOR RUN TOTES: TCSD $1,900.34 300819 11/02/2023 1912 STEIN ANDREW 29272 MISC MERCHANDISE SPECIAL EVENTS $3,672.36 600791 11/09/2023 1231 STRONG GARY 10/16/23 PAINTING AT SENIOR CENTER: PW $2,400.00 600792 11/09/2023 1495 STURDIVANT ANGELA P 3200.202-3205.202 TCSD INSTRUCTOR EARNINGS $1,043.70 300877 11/08/2023 1453 SUNBELT RENTALS INC 133554126-0010 EDEN CR:TOWER/POWER RENTALS: SPEC EVENTS: TCSD ($173.10) 300877 11/08/2023 1453 SUNBELT RENTALS INC 146473086-0001 LIGHT TOWER/ POWER RENTALS: TCSD $1,582.87 300878 11/08/2023 2080 SUNRUN INSTALLATION SERVICES INC 10/19/23 REFUND: DUPLICATE PAYMENT $192.60 600793 11/09/2023 1081 SWARCO MCCAIN INC INV0275970 TRAFFIC SIGNAL EQUIP ENHANCE FROG-CITYWIDE:PW-TRA $452.14 300820 11/02/2023 3106 SWCA INCORPORATED 176850 SWAC ENVIRONMENTAL CONSULTANTS(LR-21-1331) $15,795.00 300821 11/02/2023 3205 SYXSENSE INC VS12727 MANAGE AND SECURE ENDPOINT DEVICES SOFTWARE:IT $20,000.00 300822 11/02/2023 1212 T Y LIN INTERNATIONAL 102310236 I-15/ FRENCH VALLEY PARKWAY IMPROV $16,203.20 300823 11/02/2023 3379 TCC ROASTERS INC 1001 MISC SUPPLIES: BROKERS EVENT: ECO DEV $250.00 600794 11/09/2023 2372 TELECOM LAW FIRM PC 16241 WIRELESS PLANNING SUPPORT SVCS: COMM DEV $1,842.60 300824 11/02/2023 1832 TEMECULA LITTLE LEAGUE 61828951 REFUND: SECURITY DEPOSIT $200.00 300879 11/08/2023 1557 TEMECULA OLIVE OIL COMPANY 592673 YOUNG WOMEN'S CAREER CONFERENCE GIFTS $251.90 600721 11/02/2023 1914 TEMECULA VALLEY BACKFLOW INC 45361 rev BACKFLOW TESTING & REPAIRS - VARIOUS FACILITIES $3,157.50 600721 11/02/2023 1914 TEMECULA VALLEY BACKFLOW INC 45356 BACKFLOW TESTING & REPAIRS - VARIOUS MEDIANS $490.00 600721 11/02/2023 1914 TEMECULA VALLEY BACKFLOW INC 45360 BACKFLOW SVCS: VARI LOCATIONS: PW $1,647.00 15306 08/21/2023 1054 TEMECULA VALLEY CHAMBER OF COMMERCE 6878 REGISTRATION: STATE OF THE CITY: COMMISSION $70.00 15171 08/21/2023 1054 TEMECULA VALLEY CHAMBER OF COMMERCE 1044 REGISTRATION: STATE OF THE CITY: COMDEV $700.00 600786 11/09/2023 1265 TEMECULA VALLEY SECURITY CENTER 54275 LOCKSMITH SERVICES, SENIOR CENTER $2,329.43 600714 11/02/2023 1265 TEMECULA VALLEY SECURITY CENTER 54387 LOCKSMITH SERVICES: FACILITY MAINTENANCE $46.22 300880 11/08/2023 1234 TEMECULA WINNELSON COMPANY 296202 01 PLUMBING SUPPLIES: PARKS $369.64 600795 11/09/2023 1232 TERRYBERRY COMPANY P55971 SERVICE RECOGNITION: HR $119.00 15247 08/29/2023 1568 TIME WARNER CABLE VAR AUG SPECTRUM VARIOUS JUL/AUG INTERNET SVCS $13,800.74 600722 11/02/2023 2421 TITAN RENTAL GROUP INC 47335 CANOPIES & EQUIP RENTAL: SPECIAL EVENTS: TCSD $1,313.23 600722 11/02/2023 2421 TITAN RENTAL GROUP INC 46955 CANOPIES & EQUIP RENTAL: SPECIAL EVENTS: TCSD $1,517.69 Check # Check Date Vendor # Vendor Invoice # Description Invoice Net 600796 11/09/2023 3135 TK CONSULTING INC 3 YNEZ ROAD IMPROVEMENTS -PHASE 1 $39,970.00 600796 11/09/2023 3135 TK CONSULTING INC 4 YNEZ ROAD IMPROVEMENTS -PHASE 1 $9,484.73 600797 11/09/2023 1995 TK ELEVATOR CORPORATION 6000682308 ELEVATOR CALL OUT SERVICE: CIVIC CENTER $4,021.86 600798 11/09/2023 1068 TOMAR ELECTRONICS INC 040447 VEHICLE LIGHTS FOR NEW TRUCK: PW PARKS $1,833.20 300825 11/02/2023 2410 EE#534 Team Pace 10/31/23 REIMB:TEAM PACE EVENT 10/31/23 $820.85 600723 11/02/2023 2413 TOWNSEND PUBLIC AFFAIRS INC 20523 CONSULTING/GRANT WRITING SVCS: CITY CLERK $6,000.00 600799 11/09/2023 2375 TR DESIGN GROUP INC 4790 ARCHITECTURAL SVCS, GIP-PW, PW19-13, ON -CALL AGRMT $7,470.75 600724 11/02/2023 1555 TV CONVENTION AND VISITORS BUREAU AUG'23 AUG'23 BUS. IMPRV DISTRICT ASMNTS $195,604.25 300881 11/08/2023 2340 TWOS COMPANY INC 2403470 MISC SUPPLIES: GIFT SHOP: TCSD $296.10 300826 11/02/2023 2340 TWOS COMPANY INC 2401881 MISC SUPPLIES: GIFT SHOP: TCSD $98.70 300826 11/02/2023 2340 TWOS COMPANY INC 2400864 MISC SUPPLIES: GIFT SHOP: TCSD $1,619.15 300883 11/08/2023 3222 ULTRA SHINE INC 1573A JANITORIAL SVCS FACILITIES MAINT $25,655.73 300827 11/02/2023 3222 ULTRA SHINE INC 1573C JANITORIAL SVCS FACILITIES MAINT $719.83 600800 11/09/2023 1432 UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFO 23-241602 OCT DIG SAFE BILLABLE TIX: PW $87.04 600800 11/09/2023 1432 UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFO 1020230751 OCT DIG SAFE BRD BILLABLE TIX: PW $272.50 300828 11/02/2023 2484 US AIR CONDITIONING DISTRIBUTORS LLC 6473287 HVAC SUPPLIES, FACILITY MAINTENANCE $208.21 600725 11/02/2023 2941 VAN OTTERLOO INC 178382 VEHICLE MAINTENANCE -STREET MAINTENANCE $3,429.55 600801 11/09/2023 2034 WADDLETON JEFFREY L 2800.203-2810.203 TCSD INSTRUCTOR EARNINGS $1,931.30 600801 11/09/2023 2034 WADDLETON JEFFREY L 1174 HIGH HOPES DJ SVCS: TCSD $525.00 300884 11/08/2023 1439 WALMART 11/01/23 MISC SUPPLIES: CRC: TCSD $105.76 300829 11/02/2023 1439 WALMART 10/18/23 MISC SUPPLIES: TCC: TCSD $81.64 300829 11/02/2023 1439 WALMART 10/23/23 MISC SUPPLIES: CRC: TCSD $157.02 300829 11/02/2023 1439 WALMART 10/25/23 MISC SUPPLIES: TCSD: SPECIAL EVENTS $180.00 300830 11/02/2023 1102 WAXIE SANITARY SUPPLY INC 82057213 JANITORIAL SVCS FACILITY MAINT: PW $6,155.69 300830 11/02/2023 1102 WAXIE SANITARY SUPPLY INC 82019732 JANITORIAL SUPPLIES $897.19 300885 11/08/2023 2230 WEBB MUNICIPAL FINANCE LLC ARIV0000018 TCSD ANNUAL MAILINGS $20,160.00 600802 11/09/2023 1782 WESTERN AV 19504 AV EQUIP:OLD TOWN & VARIOUS FACILITIES -GIP IT20-01 $6,898.01 600726 11/02/2023 1454 WESTERN RIVERSIDE CO REG.CONSERVATION AUTHOR Sep'23 SEP'23 MSHCP PAYMENT $203,060.00 300886 11/08/2023 2175 WHITE CAP LP 50024192252 MISC SUPPLIES:TVE2 $623.44 300831 11/02/2023 1178 WSP USA INC 1357260 CLIMATE ACTION PLAN LR23-0083 $3,323.21 Total $2,425,351.89 Item No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: November 28, 2023 SUBJECT: Adopt Ordinance No. 2023-11 Amending Title 17 of the Temecula Municipal Code to Implement the Programs in the City's Housing Element (Second Reading) PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council adopt an ordinance entitled: ORDINANCE NO. 2023-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO IMPLEMENT THE PROGRAMS IN THE CITY' S HOUSING ELEMENT BY (1) ADDING DEFINITIONS FOR AGRICULTURAL EMPLOYEE HOUSING, EMPLOYEE HOUSING, FAMILY DAY CARE HOME, LARGE FAMILY DAY CARE HOME, LOW BARRIER NAVIGATION CENTER AND SMALL FAMILY DAY CARE HOME, (2) PROVIDING THAT EMPLOYEE HOUSING AND AGRICULTURAL EMPLOYEE HOUSING ARE PERMITTED USES IN THE HR, RR, VL, L-1, L-2, LM, M, AND H ZONES, (3) PROVIDING THAT RESIDENTIAL CARE FACILITIES FOR THE ELDERLY (SEVEN OR MORE) ARE PERMITTED USES IN THE HR, RR, VL, L-1, L-2, LM, HR-SM ZONES, (4) PROVIDING THAT RESIDENTIAL CARE FACILITIES (SEVEN OR MORE) ARE PERMITTED USES IN THE HR, RR, VL, L-1, L-2, LM, M, AND HR-SM ZONES, (5) PROVIDING THAT COMMUNITY CARE FACILITIES ARE PERMITTED IN ALL RESIDENTIAL ZONES, (6) ADDING SUPPORTIVE HOUSING STANDARDS, (7) PROVIDING THAT SUPPORTIVE HOUSING, TRANSITIONAL HOUSING AND LOW BARRIER NAVIGATION CENTERS ARE PERMITTED USES IN THE NC, CC, HT, SC, PO, PI, PDO-2, PDO-4R, PDO-5, PDO-6, PDO-7, PDO-10, AND PDO-14 ZONES, (8) PROVIDING THAT TRANSITIONAL HOUSING AND SUPPORTIVE HOUSING ARE A PERMITTED USE IN THE PDO-11, PDO-12 AND PDO-15 ZONES, (9) UPDATING EMERGENCY SHELTER PARKING STANDARDS, (10) REVISING REASONABLE ACCOMMODATION REGULATIONS, (11) REVISING PARKING STANDARDS FOR MULTI -FAMILY RESIDENTIAL USES WITH 12 UNITS OR LESS, (12) MAKING OTHER REVISIONS TO CONFORM WITH CHANGES IN STATE LAW, AND (13) MAKING A FINDING THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION 15162 BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. With the exception of urgency ordinances, Government Code Section 36934 requires two readings of standard ordinances more than five days apart. Ordinances must be read in full at the time of introduction or passage unless a motion waiving the reading is adopted by a majority of the City Council present. Ordinance No. 2023-11 was first introduced at the regularly scheduled meeting of November 14, 2023. FISCAL IMPACT: None ATTACHMENTS: Ordinance ORDINANCE NO.2023-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO IMPLEMENT THE PROGRAMS IN THE CITY'S HOUSING ELEMENT BY (1) ADDING DEFINITIONS FOR AGRICULTURAL EMPLOYEE HOUSING, EMPLOYEE HOUSING, FAMILY DAY CARE HOME, LARGE FAMILY DAY CARE HOME, LOW BARRIER NAVIGATION CENTER AND SMALL FAMILY DAY CARE HOME, (2) PROVIDING THAT EMPLOYEE HOUSING AND AGRICULTURAL EMPLOYEE HOUSING ARE PERMITTED USES IN THE HR, RR, VL, L-1, L-2, LM, M, AND H ZONES, (3) PROVIDING THAT RESIDENTIAL CARE FACILITIES FOR THE ELDERLY (SEVEN OR MORE) ARE PERMITTED USES IN THE HR, RR, VL, L-1, L-2, LM, AND HR-SM ZONES, (4) PROVIDING THAT RESIDENTIAL CARE FACILITIES (SEVEN OR MORE) ARE PERMITTED USES IN THE HR, RR, VL, L-1, L-2, LM, M, AND HR-SM ZONES, (5) PROVIDING THAT COMMUNITY CARE FACILITIES ARE PERMITTED IN ALL RESIDENTIAL ZONES, (6) ADDING SUPPORTIVE HOUSING STANDARDS, (7) PROVIDING THAT SUPPORTIVE HOUSING, TRANSITIONAL HOUSING AND LOW BARRIER NAVIGATION CENTERS ARE PERMITTED USES IN THE NC, CC, HT, SC, PO, PI, PDO-2, PDO-4R, PDO- 5, PDO-6, PDO-7, PDO-10, AND PDO-14 ZONES, (8) PROVIDING THAT TRANSITIONAL HOUSING AND SUPPORTIVE HOUSING ARE A PERMITTED USE IN THE PDO-11, PDO-12 AND PDO-15 ZONES, (9) UPDATING EMERGENCY SHELTER PARKING STANDARDS, (10) REVISING REASONABLE ACCOMMODATION REGULATIONS, (11) REVISING PARKING STANDARDS FOR MULTI -FAMILY RESIDENTIAL USES WITH 12 UNITS OR LESS, (12) MAKING OTHER REVISIONS TO CONFORM WITH CHANGES IN STATE LAW, AND (13) MAKING A FINDING THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION 15162 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. City staff identified the need to make revisions and clarifications to portions of Title 17 (Zoning) of the Temecula Municipal Code. B. The code amendments are being made to ensure the Temecula Municipal Code is amended in conformity with the housing programs that the City committed to when it adopted the 2021-2029 Housing Element and amendments needed to conform to changes in State law. Section 2. Procedural Findings. The City Council of the City of Temecula does hereby find, determine, and declare that: A. On October 18, 2023, the Temecula Planning Commission considered this Ordinance at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. B. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 2023-18 recommending approval of the Ordinance by the City Council. C. On November 14, 2023, the City Council, at a regular meeting, considered the Ordinance at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. D. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 3. Further Findings. The City Council of the City of Temecula in approving the proposed Municipal Code amendments hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: A. The use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the General Plan; The Ordinance implements the goals and policies contained in the City's 2021-2029 Housing Element. Inclusion of Agricultural Employee and Employee housing furthers Policy 1.2 of the Housing Element which is to, "Encourage residential development that provides a range of housing types in terms of cost, density, unit size, configuration, and type, and presents the opportunity for local residents to live and work in the same community by balancing jobs and housing types." Inclusion of Residential Care Facilities, Residential Care Facilities for the Elderly, Community Care Facilities implements Goal 2 of the Housing Element which is to, "Provide housing for people of different economic segments and with special needs." Addition of Supportive Housing, Transitional Housing, and Low Barrier Navigation Centers furthers Goal 5 of the Housing Element which is to, "Affirmatively further fair housing, providing equal housing opportunity for all residents in Temecula." Implementation of revised reasonable accommodations, revised parking standards, and implementing a streamlined review process all further Goal 3 of the Housing Element, which is to, "Reduce and/or remove governmental and nongovernmental constraints in the maintenance, improvement, and development of housing, where appropriate and legally possible." The Ordinance amends the Municipal Code to implement the programs of the Housing Element to remove constraints on the development of housing. B. The proposed use is in conformance with the goals, policies, programs and guidelines of elements of the General Plan; The Ordinance implements the goals and policies contained in the City's 2021-2029 Housing Element. The Ordinance amends the Municipal Code to implement the programs of the Housing Element to remove constraints on the development of housing. C. The proposed use is to be established and maintained in a manner which is consistent with the General Plan and all applicable provisions contained therein; The Ordinance has been designed to be consistent with State Housing Law, the federal Fair Housing Act, the California Fair Employment and Housing Act, and to be internally consistent with the other elements of the Temecula General Plan and all applicable provisions contained therein. Section 4. Subsection A ("A" Definitions and Illustrations) of Section 17.34.010 (Definitions and illustrations of terms) of Chapter 17.34 (Definitions of Terms) of Title 17 of the Temecula Municipal Code is hereby amended to add new definitions to read as follows, with all other provisions of Section 17.03.010 remaining unchanged: "Agricultural employee housing" means housing for agricultural workers that may include, but is not limited to, conventionally constructed units and manufactured housing consisting of no more than 36 beds in group quarters (or 12 units or less) designed for use by a single family or household. "Agricultural use" means land with a minimum lot size of five (5) acres that is used for the purpose of producing an agricultural commodity for commercial purposes. Agricultural commodity means any and all plant and animal products produced in this state for commercial purposes. An agricultural use can occur wholly, or in part, in a greenhouse. Section 5. Subsection E ("B" Definitions and Illustrations) of Section 17.34.010 (Definitions and illustrations of terms) of Chapter 17.34 (Definitions of Terms) of Title 17 of the Temecula Municipal Code is hereby amended to add a new definition to read as follows: "Employee housing" has the same meaning as set forth in Health and Safety Code section 17008. Section 6. Subsection F ("F" Definitions and Illustrations) of Section 17.34.010 (Definitions and illustrations of terms) of Chapter 17.34 (Definitions of Terms) of Title 17 of the Temecula Municipal Code is hereby amended to amend the definition of "Family day care home" as follows: "Family day care home" means a home (a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a multifamily dwelling in which the underlying zoning allows residential uses) which that regularly provides care, protection, and supervision of fourteen or fewer children, in the provider's own home, whether the home is rented, leased or owned, for periods of less than twenty-four hours per day, while the parents or guardians are away. This includes large family day care homes and small family day care homes." Section 7. Subsection L ("L" Definitions and Illustrations) of Section 17.34.010 (Definitions and illustrations of terms) of Chapter 17.34 (Definitions of Terms) of Title 17 of the Temecula Municipal Code is hereby amended to add new definitions as follows: "Large family day care home" means a facility that provides care, protection, and supervision for 7 to 14 children, inclusive, including children under 10 years of age who reside at the home, as set forth in Health and Safety Code Section 1597.465. "Low barrier navigation center" means a Housing First, low -barrier, service -enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. "Low Barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following: 1) the presence of partners if it is not a population - specific site, such as for survivors of domestic violence or sexual violence, women, or youth; 2) pets; 3) the storage of possessions; 4) privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms." Section 8. Subsection S ("S" Definitions and Illustrations) of Section 17.34.010 (Definitions and illustrations of terms) of Chapter 17.34 (Definitions of Terms) of Title 17 of the Temecula Municipal Code is hereby amended to add a new definition as follows: "Small family daycare home" means a facility that provides care, protection, and supervision for eight or fewer children, including children under 10 years of age who reside at the home, as set forth in Health and Safety Code Section 1597.44." Section 9. A new paragraph "G" entitled "Public Hearings for Housing Development Projects" is hereby added to Section 17.03.040 (Public hearing and notification) of Chapter 17.03 (Administration of Zoning) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows, with all other provisions of Section 17.03.040 remaining unchanged: "G. Public Hearings for Housing Development Projects. In accordance with California Government Code Section 65905.5 the City may not conduct more than five (5) public hearings on a housing development project if the project complies with the objective general plan and zoning standards in effect at the time an application is deemed complete. For purposes of this paragraph G, a "public hearing" shall have the same meaning as set forth in Government Code Section 65905.5(b)(2); and a "housing development project" shall have the same meaning as set forth in Government Code Section 65905.5(b)(3). This paragraph (G) shall remain in effect only until January 1, 2034, and as of that date is repealed." 4 Section 10. Table 17.06.030 "Residential Districts" of Section 17.06.030 (Use regulations) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add a line under "Residential" to read as follows (with additions shown in underlined text and deletions shown in underlined text), with all other provisions of Table 17.06.030 remaining unchanged: Description of Use HR RR VL L-1 L-2 LM M H HR- SM9 Residential Employee housing14 P_ P_ P_ P_ P P_ P_ P - Agricultural employee P P P P P P P P = housing 15 Community care facility P P P_ P P P P PP Residential care facilities (seven or more) EP EP EP EP EP EP EP P C-P Residential care facilities for the elderly (seven or more GP EP EP EP EP EP P P EP Footnote 14: Employee housings providing accommodations for six or fewer employees shall be deemed a single-family structure with a residential land use designation. Employee housing providing accommodations for seven or more employees shall be considered a multifamily use and shall only be permitted in the medium density and high density residential zones. Footnote 15. Agricultural employee housing is a residential land use for land designated for agricultural use. An agricultural use is defined in Section 17.34.010. Section 11. A new Footnote 6 is added to Table 17.06.040 "Development Standards - Residential Districts" of Section 17.06.040 (Development Standards) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows (with additions shown in underlined text), with all other provisions of Table 17.06.040 remaining unchanged: HR RR VL L-1 L-2 LM M 5 H6 HR-SM Other requirements Maximum 10% 15% 20% 25% 25% 35% 35% 30% Subject to percent of lot Section coverage 17.06.080 Footnote 6: The lot coverage requirement may be reduced to the extent it would physically preclude a housing development project as defined in Government Code Section 65589.5(h)(2) consisting of three to 10 units from achieving the floor area ratios allowed pursuant to Government Code Section 65913.11. 5 Section 12. Paragraph (F)(15) of Section 17.06.080 (Hillside development standards) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions shown in underlined text), with all other provisions of Section 17.06.080 remaining unchanged: "15. A fuel modification plan consistent with the General Guidelines for Creating Defensible Space adopted by the State Board of Forestry and Fire Protection, February 8, 2006 "General Guidelines"), or the most current edition of the General Guidelines." Section 13. Section 17.06.090 (Objective design standards -Multifamily and mixed -use development.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions shown in underlined text): "Any housing development project that, pursuant to state law; requires ministerial approval or streamlined review, or where the housing development project is subject to discretionary review, but a specific plan or a planned development overlay zoning district (PDO) does not otherwise set forth objective design standards applicable to the project shall comply with the Temecula Objective Design Standards for Multifamily and Mixed -Use Developments." Section 14. A new Section 17.06.100 (Streamlined review) is hereby added to Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows: "17.06.100 Streamlined review The City shall conduct a streamlined review of projects that are eligible under Government Code section 65913.41 and 65912.100 et seq., or any other State mandated streamlined review." Section 15. A new Section 17.06.110 (Supportive housing) is hereby added to Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows: "Section 17.06.110 Supportive housing A. Purpose. The purpose of this section is to allow supportive housing, as defined in Government Code Section 65582, consistent with State law to ensure equality of treatment for all residential uses regardless of the occupant. Supportive housing is generally described as permanent housing linked to a range of support services designed to enable residents to maintain stable housing. B. Applicability and Standards. (1) Supportive housing shall be permitted by right in any zone where multifamily and mixed uses are permitted if the proposed housing development satisfies all requirements of Government Code Section 65651(a). (2) If the supportive housing development is located within one-half mile of a public transit stop, no parking spaces are required for the units occupied by supportive housing residents per Government Code Section 65654. (3) Supportive housing shall comply with objective development standards and policies that apply to other multifamily development within the same zone. In the event of a conflict between the standards of this section and the standards of the underlying zone, the standards in this section shall apply. C. Processing of Application. (1) The following time frames apply to the processing of a supportive housing application, unless different time frames are set forth in Government Code section 65653. The City shall notify the applicant whether the application is complete within 30 days of receipt of an application to develop supportive housing. The City shall complete its review of the application within 60 days after the application is complete for a project with 50 or fewer units, or within 120 days after the application is complete for a project with more than 50 units. If any of these timeframes are modified by State law, then State law shall govern." Section 16. Table 17.08.030 (Schedule of Permitted Uses Commercial/Office/Industrial Districts) of Section 17.08.030 (Use Regulations) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions shown in underlined text and deletion shown in strikethrough text) with all other provisions of Table 17.08.030 remaining unchanged: Description of Use NC CC HT SC PO BP LI L Low Barrier Navigation Center13 P P P P P - - Supportive housing14 - P C-P -P -P C-P - - T Transitional housing15 -P C-P -P -P C-P - - Footnote 13. A low barrier navigation center is permitted by right if the project meets the criteria set forth in Government Code section 65662. Footnote 14. Supportive housing shall comply with Section 17.06.110. Footnote 15. Transitional housing shall be subject only to those restrictions that apply to other residential dwellings of the same type. To determine whether the type of transitional housing proposed is a permitted or conditionally, permitted use, see the different residential types in the chart above." Section 17. Subsection R(7) of Section 17.10.020 (Supplemental development standards) of Chapter 17.10 (Supplemental development standards) of Title 17 (Zoning) is hereby amended to read as follows (with additions shown in underlined text), with all other provisions of Section 17.10.020 remaining unchanged: "7. A minimum of one parking space for every ten beds, plus one-half parking space for each bedroom designated for families with children, plus one parking space for each employee/volunteer on duty, shall be maintained. The number of parking spaces may be reduced by twenty-five percent if the shelter is located within one thousand feet of a public transit stop. Bicycle rack parking shall also be provided at the facility. Notwithstanding the foregoing, these standards shall not apply if they require more parking for emergency shelters than other residential or commercial uses in the same zone." Section 18. Table 17.12.030 (Schedule of Permitted Uses — Public/Institutional Districts) of Section 17.12.030 (Use regulations) of Chapter 17.12 (Public/Institutional Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add the following rows to read as follows, with all other provisions of Table 17.12.030 remaining unchanged: Description of Use Public/Institutional District (PI) L Low Barrier Navigation Centers P S Supportive housing P T Transitional housing? P Footnote 5. A low barrier navigation center shall be permitted by right in the PI zone only if the project meets the criteria set forth in Government Code section 65662. Footnote 6. Supportive housing shall comply with Section 17.06.110. Footnote 7. Transitional housing shall be subject only to those restrictions that apply to other residential dwellings of the same type. Section 19. Table 17.22.116 (Schedule of Permitted Uses Margarita Road Planned Development Overlay District - 2) of Article III (Margarita Road Planned Development Overlay District — 2) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add new rows under "Residential" to read as follows, with all other provisions of Table 17.22.116 remaining unchanged: Description of Use PDO-2 Residential Low Barrier Navigation Center Ps Supportive housing P6 Transitional housing P7 Footnote 5. A low barrier navigation center is permitted by right if the project meets the criteria set forth in Government Code section 65662. Footnote 6. Supportive housing shall comply with Section 17.06.110. Supportive housing in single-family detached and duplex (two-family dwellings) are permitted only with the approval of the planning commission to ensure compliance with objective design standards. Footnote 7. Transitional housing shall be subject only to those restrictions that apply to other residential dwellings of the same type. Section 20. Table 17.22.136B (Schedule of Permitted Uses Temecula Creek Village Planned Development Overlay District — 4) of Section 17.22.136 (Use Regulations) of Article V (Temecula Creek Village Planned Development Overlay District — 4) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add the following rows to read as follows, with all other provisions of Table 17.22.136 remaining unchanged: Description of Use PD04R PD04V L Low barrier navigation cente? P - S Supportive Housinglo P - T Transitional housings s C - Footnote 9. A low barrier navigation center is permitted by right if the project meets the criteria set forth in Government Code section 65662. Footnote 10. Supportive housing shall comply with Section 17.06.110. Footnote 11. Transitional housing shall be subject only to those restrictions that apply to other residential dwellings of the same type. Section 21. Section 17.22.146 (Use Regulations) of Article VI (Rendezvous Planned Development Overlay District (PDO-5)) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions shown in underlined text): "A. Only multifamily residential land uses shall be allowed in the PDO. B. Low barrier navigation centers shall be permitted by right if the project meets the criteria set forth in Government Code section 65662. C. Supportive housing shall comply with Section 17.06.110 and shall be permitted by right in a multifamily residential use. D. Transitional housing shall be permitted by right in a multifamily residential use." Section 22. Planning Area B - Rancho Pueblo Professional Center of Section 17.22.164 (Planning areas) of Article VII (Rancho Pueblo Planned Development Overlay District (PDO-6)) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions shown in underlined text), with all other provisions of Section 17.22.164 remaining unchanged: "PLANNING AREA B - RANCHO PUEBLO PROFESSIONAL CENTER The site may contain a well -coordinated mix of professional office and other use types, including: Medical and professional office; 2. Self -storage facilities; 3. Assisted living facilities; 4. Senior living facilities. 5. Supportive housing shall comply with Section 17.06.110 and shall be permitted by in a multifamily residential use. 6. Transitional housing shall be permitted by right in a multifamily residential use. 7. Low barrier navigation centers shall be permitted by right in a multifamily residential use. The site is organized around the central main street, Rancho Pueblo Road, which traverses the middle of the site, from its western terminus at Highway 79, shared with the Rancho Community Church and Schools site to the west, to its interim eastern terminus at the PDO eastern boundary; secondary access is also provided via the right -in right -out road connecting to Highway 79 at the eastern boundary of the site. - In addition, a connection for Rancho Pueblo Road to the east is provided in planning area B. Development parcels are located along and accessed from Rancho Pueblo Road, which bisects the site in an east -west direction. Some access may also be provided, at a suitable distance from Highway 79, from the right -in, right -out access road connecting to Highway 79, at the eastern end of the site. Parcels along Highway 79 have their front yards, with appropriate setbacks, designated along Highway 79, while the parcels to the rear of the site front onto Rancho Pueblo Road. Main entries of buildings, especially those along the Highway 79 frontage, will be oriented towards the interior of the site to keep the amount of parking on the exterior boundaries of the site to a minimum. Buildings fronting onto Highway 79 will be variably setback and spaced along the right- of-way line to provide a combination of visually interesting relationships with respect to access and movement of vehicles and pedestrians within the site. Whenever possible, cluster groups or pairs of buildings around shared, central courtyards to promote a more village -like atmosphere. Figure 5A illustrates a representative development pattern, while Figure II (see Section 17.22.172(A)(3)), illustrates how the shared landscaped areas can as pedestrian gathering places, serving adjacent buildings. 10 L __j t I .......... •iFnw� FF +14'• �I r Fig. 5A Planned Development Overlay PA01-0522 Conceptual Illustrative Land Use Plan —Rancho Pueblo Professional Center" Section 23. Table 17.22.186B (Schedule of Permitted Uses Linfield Christian School Planned Development Overlay District - 7 Description of Use Area) of Section 17.22.186 (Use Regulations) of Article VIII (Linfield Christian School Planned Development Overlay District -7) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add the following rows, with all other provisions of Table 17.22.18613 remaining unchanged: Description of Use Area 1A, 1B, 1C & 1D (EI) Area 2 (ER) Area 3A & 3B (PI) L Low Barrier Navigation Center P S SjipportiyLhousin&4 - P - T Transitional housings C C C Footnote 3. Low barrier navigation center is permitted by right if the project meets the criteria set forth in Government Code section 65562. Footnote 4. Supportive housing shall comply with Section 17.06.110. Footnote 5. Transitional housing shall be subject only to those restrictions that apply to other residential dwellings of the same type. To determine whether the type of transitional housing 191 proposed is a prohibited, permitted or conditionally permitted use, see the different residential types in the chart above." Section 24. Table 17.22.196 (Schedule of Permitted Uses De Portola Road Planned Development Overlay District - 8) of Section 17.22.196 (Use Regulations) of Article IX (De Portola Road Planned Development Overlay District -8) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add the following rows to read as follows, with the remainder of Table 17.22.196 remaining unchanged: Description of Use PDO-8 L Low Barrier Navigation Center P S Supportive housinga P T Transitional housing9 P Footnote 7. Low barrier navigation center is permitted by right if the project meets the criteria set forth in Government Code section 65562. Footnote 8. Supportive housing shall comply with Section 17.06.110. Footnote 9. Transitional housing shall be subject only to those restrictions that apply to other residential dwellings of the same type. Section 25. Table 17.22.216(B) Schedule of Permitted Uses Temecula Education Center Planned Development Overlay District-10 of Section 17.22.216 (Use Regulations) of Article XI (Temecula Education Center Planned Development Overlay District - 10) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add the following rows to read as follows, with all other provisions of Table 17.22.216(B) remaining unchanged: Description of Use PDO-10 L Low Barrier Navigation Center6 P S Supportive housing? P T Transitional housing $ P Footnote 6. Low barrier navigation center is permitted by if the project meets the criteria set forth in Government Code section 65662. Footnote 7. Supportive housing shall comply with Section 17.06.110. 12 Footnote 8. Transitional housing shall be subject only to those restrictions that apply to other residential dwellings of the same type. Section 26. Section 17.22.226 (Use Regulations) of Article XII (Mira Loma Planned Development Overlay District -11) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions shown in underlined text): "The Mira Loma planned development overlay district (PDO-11), located along Mira Loma Drive and Rancho Vista Road, is intended to provide for the development of sixty-two single-family detached homes on condominium lots on 7.4 acres with a proposed density of 8.4 du/ac and a maximum permitted density of 10.0 du/ac. The proposed project is comprised entirely of private residential land uses designed to enhance housing opportunities, consider natural features, incorporate private and common open space, private recreation, and develop a common community theme. The project will provide housing opportunities consistent with the city's general plan policies in response to local market demands and will provide for a visually pleasing environment through adoption of supplemental performance standards that have been provided to ensure compatibility with the adjacent neighborhoods. Supportive housing that complies with Section 17.06.110 shall be a permitted use. Transitional housing shall be permitted by right in single family homes." Section 27. Section 17.22.246 (Use Regulations) of Article XIII (Walcott Estates Planned Development Overlay District -12) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows: "The Walcott Estates planned development overlay district (PDO-12), located between Walcott Lane and Butterfield Stage Road, is intended to provide for the development of forty-five single- family detached homes on fee owned lots, on 25.13 gross acres, with a proposed density of 1.8 dwelling units per gross acre. The proposed project is comprised entirely of private residential land uses designed to enhance housing opportunities, consider natural features, incorporate private and common open space, private recreation, and develop a common community theme. The project will provide housing opportunities consistent with the city's general plan policies in response to local market demands and will provide for a visually pleasing environment through adaptation of supplemental performance standards that have been provided to ensure transitional compatibility with adjacent neighborhoods. Supportive housing that complies with Section 17.06.110 shall be aapermitted use. Transitional housing shall be permitted by right in single family homes." Section 28. Table 1 Schedule of Permitted Uses of Section 17.22.276 (Use Regulations) of Article XV (Gateway Planned Development Overlay District -14) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add the following rows to read as follows, with all other provisions of Section 17.22.276 remaining unchanged: Description of Use PA1 and PA2 L Low barrier navigation center P 13 S Supportive housin 4 P T Transitional housing' P Footnote 3. Permitted by if the project meets the criteria set forth in Government Code section 65662. Footnote 4. Supportive housing shall comply with Section 17.06.110. Footnote 5. Multi -family transitional housing is permitted by right. Section 29. Section 17.22.294 (Use Regulations) of Article XVI (Cypress Ridge Planned Development Overlay District -15) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows: "The Cypress Ridge planned development overlay district (PDO-15), located within Pechanga Parkway, Loma Linda Avenue and Temecula Lane, is intended to provide for the development of two hundred forty-five single-family detached and attached homes within fee simple condominium unit boundaries, on 22.7 gross acres/20.18 net acres, with a proposed average density of 12.14 dwelling units per net acre. The proposed project is comprised entirely of private residential land uses designed to enhance housing opportunities, consider natural features, incorporate private and common open space, private recreation, and develop a common community theme. The project will provide housing opportunities consistent with the city's general plan policies in response to local market demands and will provide for a visually pleasing environment through adaptation of supplemental performance standards that have been provided to ensure transitional compatibility with adjacent neighborhoods. Supportive housing that complies with Section 17.06.110 shall be aapermitted use. Transitional housing shall be permitted by in single family homes." Section 30. Section 17.03.065 (Reasonable Accommodations) of Chapter 17.03 (Administration of Zoning) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended in its entirety to read as follows (with additions shown in underlined text and deletions shown in underlined text): "17.03.065 Reasonable accommodations. A. Purpose and Intent. It is the purpose and intent of this section to provide flexibility in the application of the City of Temecula Municipal Code for individuals with a disability, when flexibility is necessary to eliminate barriers to housing opportunities. This section will facilitate compliance with federal and state housing laws through procedures for considering requests for reasonable accommodations in the application of the city's zoning and land use regulations, policies, and practices pursuant to the federal Fair Housing Act (codified in Section 3604(1)(3) of Title 42 of the United States Code), and the California Fair Employment and Housing Act codified in Section 12955 et seq. of the California Government Code), which prohibit local ,governments from refusing to make accommodations in policies and practices=when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling in the city. 14 B. Applicability. A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development and use of housing or housing -related facilities that would eliminate regulatory barriers and provide an individual with a disability equal opportunity for housing of their choice. B C. Definitions. The following terms as used in this section shall, unless the context clearly indicates otherwise, have the following meanings: "Applicant" means a per -so an individual, business, or organization making a written request to the city for reasonable accommodation in the strict application of the city's zoning and land use laws, rules, policies, practices and/or procedures. "Development code" means the city of Temecula development code as set forth in this title. "Director" or "planning director" means the director of planning. " Person with a disability" means an individual who has a physical or mental impairment that limits one or more of that person's major life activities; anyone who is regarded as having such impairment; or anyone who has a record of having such an impairment. Such an impairment shall not include an individual's current, illegal use of a controlled substance unless that individual has a separate disability. "Fair Housing Laws" means the "Federal Fair Housing Act" (42 U.S.C. Section 3601, et seq.), the Americans with Disabilities Act (ADA), and the "California Fair Employment and Housing Act" (California Government Code Section 12900, et seq.), as these statutes now exist or may be amended from time to time, and each Act's implementing regulations. "Fundamental alteration" in the land use and zoning context has the same meaning as defined in the Fair Housing Laws and interpretive case law. "Reasonable accommodation" in the land use and zoning context means any deviation, waiver or other modification requested and/or granted from the strict application of the city's zoning and land use ordinances, laws, rules, regulations, policies, practices and/or procedures for the siting, development and/or use of housing or housing related facilities, when the deviation, waiver or other modification is necessary to eliminate barriers to housing opportunities for the use and eniovment of an individual resident's housing of their choice. "Undue financial or administrative burden" in the land use and zoning context has the same meaning as defined in the Fair Housing Laws and interpretive case law. GD. Authority of the Planning Director. The planning director is hereby designated to approve, nditio„ally eve approve with modifications, or deny, without public hearing, all applications for a reasonable accommodation with respect to land use and zoning ordinances, laws, rules, regulations, policies, practices and/or procedures. DE. Notice to the Public of Availability of Accommodation Process. Notice of the availability of reasonable accommodations shall be prominently displayedpublic information counters in the planning zoning and building departments, and City Clerk's office, and on the city's website, 15 advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public in those departments, from the city's ADA coordinator, and on the city's website. F. Procedure for Application Review. I . Applicant. A request for a reasonable accommodation may be made by any person with a disability, his or her representative, or a developer or provider of housing for individuals with a disability. 2. Application. An application for a reasonable accommodation shall be made on a form provided by the planning department. The application form shall include a checklist of materials, reports, developments, plans, and written information to be provided by the applicant. No fee shall be required for a request for reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for all other discretionary permits. If an individual needs assistance in making the request for reasonable accommodation, the city will provide assistance to ensure that the process is accessible. 3. Other Discretionary Permits. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval (including but not limited to, design review, conditional use permit, variance or subdivision), the applicant may file the request for reasonable accommodation together with the application for the other discretionary permit or approval. The processing procedures of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit. 4. Required Submittals. An application for a reasonable accommodation shall include the following: a. Documentation that the applicant is: (i) a person with a disability, (ii) applying on behalf of one or more persons with a disability, or (iii) a developer or provider of housing for one or more persons with a disability; b. The name and address of the individual(s) requesting the reasonable accommodation; C. The name and address of the property owner(s); d. If the applicant is someone different than the property owner, a letter of aeencv or authorization signed by the owner consentiniz to the application being made: e. The address and current use of the property for which accommodation is requested; e f. A description of the reasonable accommodation requested by the applicant, and the ordinance, law, regulation, policy, practice or procedure for which accommodation is sought; Eri f.g. An explanation of how and why the specific reasonable accommodation requested by the applicant is necessary to provide the individual(s) with a disability an equal opportunity to use and enjoy the residence; gh. Where applicable, documentation that the requested accommodation is designed and constructed pursuant to Title 24 of the California Code of Regulations to allow access, circulation and full use of the building and facilities by persons with disabilities. 5. The planning director may request additional information from the applicant consistent with the Fair Housin Laws aws if the applieatien does not p ide sufficient inf Finatio for- the eity to iak necessary for the city to make a determination on the request for reasonable accommodation in accordance with the findings required in subsection EG. The planning director shall specify in detail the additional information that is required. In the event that a request for additional information is made, the thirty (30) day period to issue a decision as provided in Subsection (H)(2) is staved until the applicant responds to the reauest. 6. Except as otherwise required by law, any information identified by an qPplicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for Dublic inspection. 7. A request for reasonable accommodation may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation. lG. Basis for Decision on Request for Reasonable Accommodations Findings. 1. General. The written decision to approve, approve with modifications, or deny a request for reasonable accommodation shall be consistent with Fair Housing Laws and this �uhgection. 2. Findings. The written decision shall be based on the following findings, all of which are required for approval or approval with modifications: a. The requested accommodation is requested by or on behalf of one or more persons with a disability protected under the Fair Housing Laws; b. The requested accommodation is necessary to provide one or more indivi"als persons with a disability an equal opportunity to use and enjoy a dwelling, and the housing which is the subject of the request for accommodation will be used b. s�person(s) with disabilities protected by the Fair Housing Laws; C. The requested accommodation will would not impose an undue financial or administrative burden on the city; d. The requested accommodation will would not result in a fundamental alteration in the nature of the city's land use and zoning program; 17 e. The requested accommodation wi44 would not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others. 23. Conditions of approval. In rig a request for reasonable accommodation, the planning director may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation will comply with the findings required by this section. Conditions may also be imposed to ensure that any removable structures or physical design features that are constructed or installed in association with the reasonable accommodation be removed once those structures or physical design features are unnecessary to afford the individual with a disability for whom the reasonable accommodation was granted the use and enjoyment of the dwelling. -34. None of the findings of this section are intended to supersede any other findings which might also be required for a discretionary permit that is reviewed concurrently with the request for accommodation. 2L.5. In determining whether the requested reasonable accommodation is necessary to provide one or more disable persons with disabilities an equal opportunity to use and enjoy a dwelling, pursuant to subsection (€)"(1 Kb)(G)(21(b), the city may consider, but is not limited to, the following factors: a. Whether the requested accommodation will affirmatively enhance the quality of life of one or more ifi&vi"als persons with a disability; b. Whether the ;,,,a;.,;,a, a or :,,,a:v:,a,,a person(s) with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation; �6. In determining whether the requested reasonable accommodation would require a fundamental alteration in the nature of the city's land use and zoning program, pursuant to subsection (€)(,�(G)(?)(d), the city may consider, but is not limited to, the following factors: a. Whether the requested accommodation would fundamentally alter the character of the neighborhood or the community in which the requested accommodation would be located; b. Whether the accommodation would result in a substantial increase in traffic or insufficient parking when compared to the projected traffic or parking of other uses allowed by right or conditionally allowed in the subject zone district; C. Whether granting the requested accommodation would substantially undermine any express purpose of either the city's general plan or an applicable specific plan or zoning districts; 47. Rules While Decision is Pending. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect. 18 F-;H. Review Authority; Notice of Decision. 1. Authority. The planning director shall have the authority to consider and act on for reasonable accommodation and shall make reasonable accommodations in rules. policies, practices, procedures or services when those accommodations may be necessary to afford one or more persons with disabilities equal opportunities to use and enjoy their dwelling consistent with the Fair HousingLaws. aws. 2. Decision. a. For requests for reasonable accommodation, the T4+e planning director shall issue a written determination to approve, conditionally approve, or deny a request for a reasonable accommodation within a timely manner but no later than thirty (30) days of the date of receipt of a complete application, and may (i) approve the accommodation request, (ii) approve the accommodation request subject to nondiscriminatory conditions of approval or other modifications, or (iii) deny the request. The planning director may, in his or her discretion, elect to refer applications that may have a material effect on surrounding properties (including but not limited to, a use not allowed under the subject zoning district or en�plan, location of improvements in the front yard or setback, location of accommodation in close proximity to a use that restricts residential occupancy, accommodation that would violate a specific condition of approval, improvements are permanent) directly to the planning commission for a decision. A complete application shall consist of the application form with all applicable information and documentation included in or attached to the form. The city. applicant mqy mutually agree to extend the time for the planning director's decision on the application. The decision on the application shall be sent to the applicant by first class mail to the applicant, and the applicant may also request notification by an accessible format b. For requests for reasonable accommodations involving any applications for discretionM gpproval, the application for reasonable accommodation shall be processed and considered separately from any discretionary elements of the same proposal. The planning director shall act on the request for reasonable accommodation within a timely manner but no later than thirty (30) dqys of the date of a complete application form; however, if the request for a reasonable accommodation cannot be effectuated until a final decision is rendered on the related discretionary aqpprovals, a "provisional approval" can be granted within the 30-day time frame allowing the reasonable accommodation request to be implemented, or modified as needed to obtain the same goal, at the time of the final discretionary approval, and shall become final at the same time. The applications for discretionary approval shall be separately considered and shall be subject to the procedures for consideration specified in the applicable development code section or chapter, depending on the type of application. The appropriate decision -making body shall act on all discretionary_ permits, but not the reasonable accommodation request. -23. Appeals of the director's action shall be made in accordance with Section 17.03.090, as supplemented by the following_ a. The decision by planning director on a request for reasonable accommodation not involving one or more applications for a discretionary_ permit shall become final fifteen (151 IM calendar days after the date of the planning director's decision, unless a timely ppeal is filed in accordance with Section 17.03.090(E). b. The planning commission or the city council, as applicable, shall hear the matter and render a determination on the appeal as soon as reasonably practicable, but in no event later than either (i) ninety 90) calendar days after an appeal has been filed or (ii) fifteen (15) calendar days after the close of the appeal hearing, whichever occurs first. The city and qpplicant maw mutually agree to extend the time for the planning commission's or city council's decision on the appeal to a later date. All decisions on an appeal shall address and be based upon the same findings required to be made in the original decision from which the appeal is taken. C. An appeal from the planning director's decision on a request for reasonable accommodation shall be made on a form provided by the planning department. The appeal form shall include a checklist of materials, reports, developments, plans, and written information to be provided by the appellant. No fee shall be required from an applicant for the appeal of a request for reasonable accommodation, but if the appeal is for any other discretionary permits , then the prescribed fee shall be paid by the appellant for such other discretionarypermit(s). If an individual needs assistance in the appeal of a decision on the request for reasonable accommodation, the city will provide assistance to ensure that the process is accessible. d. The decision on the appeal shall be sent by first class mail to the applicant and gppellant (if different), and the applicant may also request notification an accessible format. The city council's action on any ppeal shall be final. e. Nothing in this procedure shall preclude an aggrieved individual from seekingother ther state or federal remedy available. CAI. Expiration, Time Extension, Violation, Discontinuance, and Revocation. 1. Expiration. Any reasonable accommodation approved in accordance with the terms of this Section shall expire within twenty-four months from the effective date of the approval, or at an alternative time specified as a condition of the approval, unless: a. A building permit has been issued and construction has commenced; b. A certificate of occupancy has been issued; C. The use is established; or d. A time extension has been granted. 2. Time Extension. a. The planning director may, upon an application being filed prior to expiration and for good cause, grant a time extension of up to three one-year extensions of time. Each extension of time shall be granted in one-year increments only. Upon granting of an extension, the planning director shall ensure that conditions of the administrative approval comply with all current development code provisions. 20 b. Notice. Notice of the planning director's decision on a time extension shall be provided in writing. All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process. C. Appeal of Determination. A time extension for a reasonable accommodation shall be final unless appealed to the city council within fourteen calendar days of the date of mailing of the determination. An appeal shall be made in writing and shall be noticed and heard pursuant to the procedures established in Section 17.03.090 of this code. 3. Discontinuance. If the person with a disability for whom the reasonable accommodation was originally granted vacates the residence to which the reasonable accommodation applies, the reasonable accommodation shall remain in effect only if the planning director determines that: (a) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the Municipal Code; or (b) the accommodation is necessary to give another person with a disability an equal opportunity to enjoy the dwelling. The planning director may request that the applicant, or his or her successor -in -interest, provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within thirty days of the date of a request by the city shall constitute grounds for discontinuance by the city of a previously approved reasonable accommodation. 4. Revocation. Procedures for revocation shall be as prescribed by Section 17.03.080. Any reasonable accommodation approved in accordance with the terms of this code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith. ICJ. Amendments. A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The planning director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval." Section 31. Section 17.03.090(B) (Appeals) of Chapter 17.03 (Administration of Zoning) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows: "B. Decisions Which May Be Appealed to Planning Commission. The following actions may be appealed to the planning commission: 1. Actions by the director of planning on approval of development permits, conditional use permits and extensions of time; 2. Actions by the director of planning on the approval of sign permits; 3. Except as otherwise provided in section 17.03.065(H)(2), any An -other action by the director of planning for which an appeal is authorized by the Code." 21 Section 32. "Residential Uses" of Table 17.24.040 of Section 17.24.040 (Parking requirements) of Chapter 17.24 (Off-street parking and loading) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add a new row to read as follows (with additions shown in underlined text and deletions shown in strikethrough text), with all other provisions of Table 17.24.040 remaining unchanged: Table 17.24.040 Parking Spa es Require. Description of Use Required Number of Spaces Residential Uses Single-family residence 2 enclosed spaces Duplex, triplexes 2 covered spaces/unit, plus 1 guest space/4 units Multiple -family residential - 3 or fewer 2-5 units; 2- 1 %2 covered spaces/unit, plus 2 bedrooms (12 or less units) guest spaces 6-12 units; 2- 1 %2 covered spaces/unit, plus 3 guest spaces Multiple -family residential - 13 or more units 1 covered parking space plus 1.5 uncovered parking space for 1 bedroom units. In addition, 1 guest space for every 6 units. 1 covered parking space plus 1 uncovered parking space for 2 bedroom units. In addition, 1 guest space for every 6 units. 2 covered parking space 0.5 uncovered parking space for three bedroom (or more) units. In addition, 1 guest space for every 6 units. A minimum of 4 guest spaces is required for all multifamily residential with 13 or more units. Accessory dwelling unit 1 parking space per newly constructed detached ADU except as otherwise provided in Chapter 17.23. The parking space may be provided as tandem parking on the driveway. Mobilehome park 1 covered space/trailer site, plus 1 guest space/2 trailer sites Senior citizens housing complex 0.5 covered space/unit plus 1 uncovered space per 5 units for guest parking Congregate care housing 0.5 uncovered space/unit plus 1 uncovered space per 5 units for guest parking 22 Section 33. Environmental Findings. The City Council hereby makes the following environmental findings and determinations in connection with the approval of the Project: A. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City Council has reviewed and considered the Final Environmental Impact Report ("FEIR") for the General Plan certified by the City Council on April 12, 2005 (State Clearinghouse No. 2003061041), including the impacts and mitigation measures identified therein. Staff has also reviewed Addendum 2021-01 to the FEIR which was prepared and adopted in connection with the City Council's adoption of the 2021-2029 Housing Element on February 8, 2022. This Ordinance implements the programs set forth in the certified Housing Element which the City Council committed to when it adopted the Housing Element. As such, this is an implementing action of an already approved project (adoption of the Housing Element), and no further environmental review is required. B. To the extent that any further environmental review is required, the City Council finds that none of the conditions in CEQA Guidelines Section 15162 are present to require the preparation of a subsequent EIR or an additional Addendum, and no additional environmental review is required. The adoption of this Ordinance does not result in any new or greater environmental impacts than were previously analyzed, disclosed, and mitigated since the adoption of this Ordinance was contemplated in the programs of the Housing Element. In addition, no new information of substantial importance has surfaced since the certification of the General Plan EIR or the adoption of Addendum 2021-01. Section 34. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 35. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. after passage. Section 36. Effective Date. This Ordinance shall take effect thirty (30) days 23 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of November, 2023. ATTEST: Randi Johl, City Clerk [SEAL] Zak Schwank, Mayor 24 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. 2023-11 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 141h day of November, 2023, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 281h day of November, 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk 25 Item No. 5 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: November 28, 2023 SUBJECT: Adopt Ordinance No. 2023-12 Amending Title 17 of the Temecula Municipal Code Pertaining to Accessory Dwelling Unit Regulations (Second Reading) PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council adopt an ordinance entitled: ORDINANCE NO. 2023-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17.23 OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING UNIT (ADU) REGULATIONS AND PROVIDING THAT ADUS ARE PERMITTED IN THE PDO-5, PDO-7, PDO-9, PDO-10, PDO-11, PDO-12, AND PDO-15 ZONES, AND REVISING ADU REGULATIONS, AND MAKING A FINDING THAT THE ORDINANCE IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.17 BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. With the exception of urgency ordinances, Government Code Section 36934 requires two readings of standard ordinances more than five days apart. Ordinances must be read in full at the time of introduction or passage unless a motion waiving the reading is adopted by a majority of the City Council present. Ordinance No. 2023-12 was first introduced at the regularly scheduled meeting of November 14, 2023. FISCAL IMPACT: None ATTACHMENTS: Ordinance ORDINANCE NO.2023-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17.23 OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING UNIT (ADU) REGULATIONS AND PROVIDING THAT ADU'S ARE PERMITTED IN THE PDO-5, PDO-7, PDO-9, PDO-10, PDO-11, PDO-12, AND PDO- 15 ZONES, AND REVISING ADU REGULATIONS, AND MAKING A FINDING THAT THE ORDINANCE IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.17 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. City staff identified the need to make revisions and clarifications to portions of Title 17 (Zoning) of the Temecula Municipal Code. B. The code amendments are being made to ensure the Temecula Municipal Code is amended in conformity with the housing programs that the City committed to when it adopted the 2021-2029 Housing Element and amendments needed to conform to changes in State law. Section 2. Procedural Findings. The City Council of the City of Temecula does hereby find, determine, and declare that: A. On October 18, 2023, the Temecula Planning Commission considered this Ordinance at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. B. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 2023-18 recommending approval of the Ordinance by the City Council. C. On November 14, 2023, the City Council, at a regular meeting, considered the Ordinance at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. D. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 3. Further Findings. The City Council of the City of Temecula in approving the proposed Municipal Code amendments hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: A. The use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the General Plan; The proposed amendments do not propose any land use that is inconsistent with the General Plan. The proposed amendments implement changes to the City's ADU policies to comply with changes to state law. The proposed amendments include changes to height limits, amended definitions of attached and detached ADU's, limits the sale or transfer of an ADU in accordance with Government Code Section 65852.26(a), and prohibit front yard setbacks that would preclude the construction of an eight hundred (800) square foot ADU. B. The proposed use is in conformance with the goals, policies, programs and guidelines of elements of the General Plan; The Ordinance implements the goals and policies contained in the City's 2021-2029 Housing Element. The Ordinance amends the Municipal Code to implement the programs of the Housing Element to remove constraints on the development of housing. C. The proposed use is to be established and maintained in a manner which is consistent with the General Plan and all applicable provisions contained therein; The proposed changes to Title 17 conform with the goals, policies, programs and guidelines of the elements of the General Plan. The proposed changes allow for the limited sale or transfer of an ADU, amend the definition of detached and attached ADU's, include ADU's as a permitted use in Planned Development Overlay (PDO) Zone No.'s 5, 7, 9, 10, 11 and 12 and revise ADU regulations is consistent with Goal 2 of the Growth Management/Public Facilities Element of the Temecula General Plan, which is to ensure "Orderly, and efficient patterns of growth that enhance quality of life for Temecula residents." As a relatively new home product type, ADU's further Policy 2.5 of the Growth Management/Public Facilities element of the General Plan that states, "Encourage new development that helps create and maintain a balance between jobs and housing opportunities." Section 4. Section 17.22.146 (Use Regulations) of Article VI (Rendezvous Planned Development Overlay District (PDO-5)) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions shown in underlined text): "E. Accessory dwelling units shall be permitted and shall meet the requirements set forth in Chapter 17.23." Section 5. Table 17.22.186B (Schedule of Permitted Uses Linfield Christian School Planned Development Overlay District - 7 Description of Use Area) of Section 17.22.186 (Use Regulations) of Article VIII (Linfield Christian School Planned Development Overlay District -7) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add the following rows, with all other provisions of Table 17.22.186B remaining unchanged: Description of Use Area 1A, 1B= 1C & 1D (EI) Area 2 (ER) Area 3A & 3B (PI) A Accessory dwelling unite P P P Footnote 2. Accessory dwelling units shall be permitted and shall meet the requirements set forth in Chapter 17.23. Section 6. Table 17.22.216(B) Schedule of Permitted Uses Temecula Education Center Planned Development Overlay District-10 of Section 17.22.216 (Use Regulations) of Article XI (Temecula Education Center Planned Development Overlay District - 10) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add the following row to read as follows, with all other provisions of Table 17.22.216(B) remaining unchanged: Description of Use PDO-10 A Accessory dwelling units P Footnote 5. Accessory dwelling units shall comply with the requirements set forth in Chapter 17.23. Section 7. Section 17.22.226 (Use Regulations) of Article XII (Mira Loma Planned Development Overlay District -11) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions shown in underlined text): "The Mira Loma planned development overlay district (PDO-11), located along Mira Loma Drive and Rancho Vista Road, is intended to provide for the development of sixty-two single-family detached homes on condominium lots on 7.4 acres with a proposed density of 8.4 du/ac and a maximum permitted density of 10.0 du/ac. The proposed project is comprised entirely of private residential land uses designed to enhance housing opportunities, consider natural features, incorporate private and common open space, private recreation, and develop a common community theme. The project will provide housing opportunities consistent with the city's general plan policies in response to local market demands and will provide for a visually pleasing environment through adoption of supplemental performance standards that have been provided to ensure compatibility with the adjacent neighborhoods. Accessory dwelling units shall be permitted and shall comply with Chapter 17.23." 3 Section 8. Section 17.22.246 (Use Regulations) of Article XIII (Walcott Estates Planned Development Overlay District -12) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows: "The Walcott Estates planned development overlay district (PDO-12), located between Walcott Lane and Butterfield Stage Road, is intended to provide for the development of forty-five single- family detached homes on fee owned lots, on 25.13 gross acres, with a proposed density of 1.8 dwelling units per gross acre. The proposed project is comprised entirely of private residential land uses designed to enhance housing opportunities, consider natural features, incorporate private and common open space, private recreation, and develop a common community theme. The project will provide housing opportunities consistent with the city's general plan policies in response to local market demands and will provide for a visually pleasing environment through adaptation of supplemental performance standards that have been provided to ensure transitional compatibility with adjacent neighborhoods. Accessory dwelling units shall be permitted and shall comply with Chapter 17.23." Section 9. Section 17.22.294 (Use Regulations) of Article XVI (Cypress Ridge Planned Development Overlay District -15) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows: "The Cypress Ridge planned development overlay district (PDO-15), located within Pechanga Parkway, Loma Linda Avenue and Temecula Lane, is intended to provide for the development of two hundred forty-five single-family detached and attached homes within fee simple condominium unit boundaries, on 22.7 gross acres/20.18 net acres, with a proposed average density of 12.14 dwelling units per net acre. The proposed project is comprised entirely of private residential land uses designed to enhance housing opportunities, consider natural features, incorporate private and common open space, private recreation, and develop a common community theme. The project will provide housing opportunities consistent with the city's general plan policies in response to local market demands and will provide for a visually pleasing environment through adaptation of supplemental performance standards that have been provided to ensure transitional compatibility with adjacent neighborhoods. Accessory dwelling units shall be permitted and shall comply with Chapter 17.23." Section 10. Chapter 17.23 (Accessory Dwelling Units) of Title 17 (Zoning of the Temecula Municipal Code is hereby amended in its entirety to read as follows (with additions shown in underlined text and deletions shown in strikethrough text): "17.23.010 Purpose and applicability. The purpose of this chapter is to implement the requirements of Government Code Sections 65852.2 and 65852.22 to allow accessory dwelling units and junior accessory dwelling units in a manner that encourages their development but simultaneously minimizes impacts on traffic, parking, density, and other areas where the city is still permitted to exercise local control. 17.23.020 Definitions. "Accessory dwelling unit" or "ADU" has the same meaning ascribed in Government Code Section 65852.2, as the same may be amended from time to time. An accessory dwelling unit contains a kitchen, which may include plumbing, electrical, mechanical, and/or physical space set aside for cooking or meal preparation facilities, which may include space for a refrigerator, sink, wet bar, and/or dishwasher. "Attached ADU" means an ADU that is constructed as a physical expansion (i.e. addition) of the primary dwelling or existing structure and shares a common wall with the primary dwelling or existiniz structure. "Detached ADU" means an ADU that is constructed as a separate structure from the primary dwelling or existing structure, which does not share any walls with the primary dwelling or existing structure. "Existing structure" means an existing single-family dwelling or other accessory structure that can be safely converted into habitable space under the California Building Standards Code, as amended by the city, and other applicable law. "Junior accessory dwelling unit" or "JADU" has the same meaning ascribed in Government Code Section 65852.22, as the same may be amended from time to time. A junior accessory dwelling unit contains at least an efficiency kitchen, which may include plumbing, electrical, mechanical, and/or physical space set aside for cooking or meal preparation facilities, which may include space for a refrigerator, sink, wet bar, and/or dishwasher. "Primary dwelling," for purposes of this chapter, means the existing or proposed single-family dwelling on the lot where an ADU would be located. "Public transit," for purposes of this chapter, has the meaning ascribed in Government Code Section 65852.20), as the same may be amended from time to time. 17.23.030 Projects exempt —Building permit approval only A. An applicant shall not be required to submit an application for an ADU or JADU permit under this chapter, and may instead seek building permit approval for an ADU or JADU that satisfies the requirements of Government Code Section 65852.2(e)(1), as the same may be amended from time to time, and the California Building Standards Code, as amended by the city. B. An ADU or JADU approved by a building permit only process shall be rented only for terms of thirty-one days or longer. C. The property owner shall record a declaration of restrictions, in a form approved by the city attorney, placing the following restrictions on the property, the property owner, and all successors in interest: (i) the ADU or JADU is to be rented only for terms of thirty-one days or longer, unless State law and the city's municipal code are both amended to allow short-term rentals; (ii) the ADU or JADU is not to be sold or conveyed separately from the primary dwelling, and (iii) if there is a JADU on the property, either the JADU or primary dwelling shall be occupied by the owner of record. Proof of recordation of the covenant shall be provided to the city before the city finals the building permit. D. Pursuant to Government Code Section 65852.2(e), the city shall ministerially approve an application for a building permit within a residential or mixed -use zone to create any of the following: 1. One ADU or JADU per lot with a proposed or existing single-family dwelling if all of the following apply: a. The ADU or JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than one hundred fifty square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. b. The space has exterior access from the proposed or existing single-family dwelling. c. The side and rear setbacks are sufficient for fire and safety. d. The JADU complies with the requirements of Section 65852.22 and with the requirements set forth in subsection E below. 2. One detached, new construction ADU that does not exceed four -foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The ADU may be combined with a JADU described in subsection (D)(1) above. The ADU shall be no more than eight hundred square feet in size, with a height limit of sixteen feet. 3. One ADU within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. If requested, multiple ADUs shall be allowed, up to the number of ADUs that equals twenty-five percent of the existing multifamily dwelling units in the structure. 4. Not more than two detached ADUs located on a lot that has an existing multifamily dwelling, subject to a height limit of sixteen feet and four -foot rear yard and side setbacks. E. In accordance with the standards set forth in Government Code Section 65852.22, JADUs shall comply with the following requirements, unless state law is amended to set forth different standards in which case state law standards will govern: 1. A JADU shall be a minimum of two hundred twenty square feet and a maximum of five hundred square feet of gross floor area. The gross floor area of a shared sanitation facility shall not be included in the maximum gross floor area of a JADU. 2. A JADU must be contained entirely within the walls of the existing or proposed single-family dwelling. 3. A separate exterior entry from the main entrance to the single-family dwelling shall be provided to serve a JADU. 4. A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing single-family dwelling. 5. A JADU shall include an efficiency kitchen which shall include all of the following: a. A cooking facility with appliances. b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. 6. No additional parking is required for a JADU. 7. The JADU or primary residence shall be occupied by the owner of record. 8. The city shall not issue a building permit until the applicant provides a will serve letter from the local water and sewer provider. Notwithstanding the foregoing, if a private sewage disposal system is being used, the applicant must provide documentation showing approval by the local health officer in lieu of the will serve letter by the local sewer provider. 17.23.040 General requirements and application procedure. A. Before constructing an ADU or converting an existing structure to an ADU that does not fall under the "building permit approval only" requirements in Section 17.23.030, the applicant shall obtain permits in accordance with the requirements of this section. B. All ADUs shall satisfy the requirements of the California Building Standards Code, as amended by the city. C. In accordance with state law, ADUs are an accessory use or an accessory structure to the primary dwelling on the lot. ADUs shall not be considered to exceed the allowable density for the lot. D. Applications for ADUs shall be completed in accordance with Section 17.03.030 of this Development Code. The application for the ADU must be signed by the owner(s) of the parcel of land. E. The director of community development or designee shall ministerially review and approve an ADU permit application and shall not require a public hearing, provided that the submitted application is complete and demonstrates that the ADU complies with the requirements contained in this chapter and any other applicable law. F. ADU permit applications subject to ministerial approval shall be processed within the timelines established by California Government Code Section 65852.2. The city shall approve the ADU permit within sixty days of receiving the application, or as the deadline required by Government Code Section 65852.2 may be amended from time to time. G. Where an ADU permit application is submitted with an application for a primary dwelling that is subject to discretionary review under this code, the ADU permit application will be considered separately without discretionary review or a public hearing, following action on the portion of the project subject to discretionary review. H. In addition to obtaining an ADU permit, the applicant shall be required to obtain a building permit and any other applicable construction permits prior to the construction of the ADU. 17.23.050 ADU standards. Except those ADUs approved pursuant to Subsection 17.23.030, ADUs shall comply with the following standards: A. Location Restrictions. One ADU shall be allowed on a lot with a proposed or existing primary dwelling that is zoned residential. B. Development Standards. 1. Size Restrictions. If there is an existing primary dwelling, an attached ADU shall not exceed fifty percent of the gross floor area for the primary dwelling. An attached ADU that is proposed with a new primary dwelling shall not exceed one thousand two hundred square feet in floor area. A detached ADU shall not exceed one thousand two hundred square feet in floor area. In no case shall an ADU be less than an "efficiency unit" as defined in Section 17958.1 of Health and Safety Code with respect to square footage. 2. Height Restrictions. An ADU shall not exeeed sixteen 4� et it heig -t-The maximum height of any new ADU shall not exceed the following_ a. Sixteen (16) feet for a detached ADU. except as provided in subparaarabhs band c below. b. Eighteen (18) feet for a detached ADU on a lot that is within one-half mile walking distance of a major transit stop or a high -quality transit corridor, as those terms are defined in Public Resources Code Section 21155; or twenty (20) feet if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. c. Eighteen(18) feet for a detached ADU on a lot with an existing or proposed multistory multifamily dwelling_ d. Twenty-five25) feet or the height limit applicable to the primary dwellings whichever is less, for an attached ADU. 3. Transfer. An ADU shall not be sold, transferred, or assigned separately from the primary dwelling unless the ADU was built by a qualified nonprofit corporation and meets the additional requirements of Government Code Section 65852.26(a). ADUs-btA may be rented but The ADU shall not be used for short-term rentals for less than thirty-one days. 4. Setbacks. No setback shall be required for an ADU that is within an existing structure or new ADU that is constructed in the same location and with the same dimensions as an existing structure. For all other ADUs, the required setback from side and rear lot lines shall be four feet. An ADU shall comply with all required front yard setbacks otherwise required by the municipal code except where the application of the front yard setback requirement would not permit construction of an eight hundred (800)square foot ADU that is sixteen (16) feet in height with four -foot side and rear yard setbacks. An ADU in the front yard setback area is only permissible if construction of the same ADU in the rear or side yard is entirely infeasible. 5. Lot Coverage. An ADU shall conform to all lot coverage requirements applicable to the zoning district in which the property is located, except where the application of the lot coverage regulations would not permit construction of an eight hundred square foot ADU that is sixteen feet in height with four -foot side and rear yard setbacks. 6. Historic Resources. An ADU that has the potential to adversely impact any historical resource listed on the California Register of Historic Resources, shall be designed and constructed in accordance with the "Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings" found at 36 CFR 68.3, as amended from time to time. An ADU shall also comply with all local historic register requirements, as well as all objective local requirements, ordinances, or specific plans that pertain to historic resources. C. Design and Features. 1. Design. The ADU shall have the same design, architecture, colors and materials of the primary dwelling, and shall comply with any objective design standards adopted by the city that are applicable to the zoning district or specific plan area where the ADU is located. 2. Fire Sprinklers. ADUs are required to provide fire sprinklers if they are required for the primary dwelling. 3. An ADU shall have a separate exterior access. D. Covenant Required. The property owner shall record a declaration of restrictions, in a form approved by the city attorney, placing the following restrictions on the property, the property owner, and all successors in interest: (1) the ADU is to be rented only for terms of thirty days or longer; and (2) the ADU is not to be sold or conveyed separately from the primary dwelling except as described above in Section 17.23.050(B)(3). Proof of recordation of the covenant shall be provided to the city before the city finals the building permit. E. Parking Requirements. 1. In addition to the off-street parking space(s) required for the primary dwelling, one off-street parking space shall be provided for each ADU, except when: a. The ADU is located within one-half mile walking distance of public transit; b. The ADU is located within an architecturally and historically significant historic district; c. The ADU is part of a proposed or existing primary dwelling or accessory structure; d. The ADU is located in an area where on -street parking permits are required but not offered to an ADU occupant; or e. The ADU is located within one block of a city -approved and dedicated parking space for a car share vehicle. 2. When the ADU is created by converting or demolishing a garage, carport or covered parking structure, replacement of parking space(s) eliminated by the construction of the ADU shall not be required as long as the ADU remains in use as a legal ADU. 17.23.060 Fees and utility connections. A. ADUs and JADUs shall have adequate water and sewer services. These services may be provided from the water and sewer points of connection for the primary dwelling and not be a separate set of services. B. The owner of an ADU or JADU shall be subject to the payment of all sewer, water and other applicable fees, including impact fees set forth in Government Code Section 66000 et seq., except as follows: 1. ADUs that are less than seven hundred fifty square feet shall not be subject to impact fees. 2. ADUs that are seven hundred fifty square feet or more shall be charged impact fees that are proportional in relation to the square footage of the primary dwelling unit. C. Prior to receiving a building permit, the owner of an ADU or JADU must submit letters of service availability for water and sewer disposal to the building official." Section 11. Environmental Findings. The City Council hereby makes the following environmental findings and determinations in connection with the approval of the Project: A. Pursuant to Section 21080.17 of the California Public Resources Code, the adoption of the ordinance is statutorily exempt from the California Environmental Quality Act ("CEQA"). Under Public Resources Code Section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county to implement the provisions of Section 65852.2 of the Government Code (the State ADU law). B. In addition, pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City Council has reviewed and considered the Final Environmental Impact Report ("FEIR") for the General Plan certified by the City Council on April 12, 2005 (State Clearinghouse No. 2003061041), including the impacts and mitigation measures 10 identified therein. Staff has also reviewed Addendum 2021-01 to the FEIR which was prepared and adopted in connection with the City Council's adoption of the 2021-2029 Housing Element on February 8, 2022. This Ordinance implements one of the programs set forth in the certified Housing Element which the City Council committed to when it adopted the Housing Element. As such, this is an implementing action of an already approved project (adoption of the Housing Element), and no further environmental review is required. B. To the extent that any further environmental review is required, the City Council finds that none of the conditions in CEQA Guidelines Section 15162 are present to require the preparation of a subsequent EIR or an additional Addendum, and no additional environmental review is required. The adoption of this Ordinance does not result in any new or greater environmental impacts than were previously analyzed, disclosed, and mitigated since the adoption of this Ordinance was contemplated in the programs of the Housing Element. In addition, no new information of substantial importance has surfaced since the certification of the General Plan EIR or the adoption of Addendum 2021-01. Section 12. HCD Review. In compliance with Government Code section 65852.2(h), the City Clerk is hereby directed to submit a copy of the adopted ordinance to HCD within 60 days after adoption. Section 13. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 14. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. after passage. Section 15. Effective Date. This Ordinance shall take effect thirty (30) days 191 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of November, 2023. ATTEST: Randi Johl, City Clerk [SEAL] Zak Schwank, Mayor 12 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. 2023-12 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 14th day of November, 2023, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 28th day of November, 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk 13 Item No. 6 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: November 28, 2023 SUBJECT: Approve City Council Meeting Schedule for December 2023 PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council approve the cancellation of the December 26, 2023 meeting. BACKGROUND: The December 26, 2023 meeting falls during the holiday week. Similar to previous years, it is recommended that the December meeting be cancelled. FISCAL IMPACT: None ATTACHMENTS: None Item No. 7 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: November 28, 2023 SUBJECT: Approve Grant Agreement with the Department of Housing and Urban Development for Community Project Funding for the DePortola Road/Jedediah Smith Road Roundabout Project, PW23-01 PREPARED BY: Julie Tarrant, 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 TO APPROVE THE GRANT AGREEMENT WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR COMMUNITY PROJECT FUNDING (CPF) AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT AND ALL PERTINENT SUPPLEMENTAL DOCUMENTS BACKGROUND: In the Consolidated Appropriations Act, 2023 (the FY 2023 Act), (Public Law 117-328), Congress made funding available of $2,982,285,641 for grants for the Economic Development Initiative (EDI) for the purposes, and in amounts, specified for Community Project Funding/Congressionally Directed Spending. These Community Project Funding (CPF) awards are administered by the Department of Housing and Urban Development (HUD). The Department of Public Works prepared and submitted a FY 2023 Community Project Funding Request Form requesting $800,000 for the construction of the DePortola Road/Jedediah Smith Road Roundabout Project, PW23-01. The DePortola Road/Jedediah Smith Road Roundabout Project, PW23-01, includes the design and construction of a traffic circle at this intersection to construct a single lane vehicular roundabout to improve traffic congestion and reduce delays, enhance traffic safety, and maintain the natural beauty and rural character of the surrounding community. On January 23, 2023, the City was notified that our project was selected and awarded EDI Community Project Funding for the FY 2023 Program, in the amount of $800,000. The FY 2023 Grant Award Letter outlines the requirements and information needed to prepare for the use of these funds, including a FY 2023 CPF Grant Guide, Grant Agreement, and Standard Forms and Required Materials to properly initiate the Grant Award Process, and administer the grant as the Grantee. CPF grants are subject to all applicable Code of Federal Regulations (CFR's) and requirements including Uniform Administrative Requirements, Cost Principles, and Audit Requirements, Period of Performance, and Environmental Review as it pertains to the National Environmental Policy Act (NEPA) compliance. Each Grantee must also comply with the generally appliable HUD and Community Planning and Development (CPD) requirements. As a Grant Recipient, the City is required to enter into a Grant Agreement, and submit a signed copy, along with the associated Standard Forms as part of the Grant Award Packet to HUD via their web -based grants portal. Staff therefore requests City Council approve the Grant Agreement and Authorize the City Manager to Execute the Grant Agreement including all supplemental documents as necessary to fulfill the administrative requirements of the grant program. FISCAL IMPACT: There is no fiscal impact to approve the Grant Agreement. The Grant Agreement will however provide for the reimbursement of eligible project expenditures, up to the maximum amount of $800,000 of CPF grant funds for the construction of the project. The DePortola Road/Jedediah Smith Road Roundabout Project, PW23-01, is currently programmed in the FY 2024-28 Capital Improvement Program (CIP). ATTACHMENTS: 1. Resolution 2. Grant Agreement RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO APPROVE THE GRANT AGREEMENT WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR COMMUNITY PROJECT FUNDING (CPF) AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT AND ALL PERTINENT SUPPLEMENTAL DOCUMENTS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the Consolidated Appropriations Act, 2023 (the FY 2023 Act), (Public Law 117-328), Congress made funding available of $2,982,285,641 for grants for the Economic Development Initiative (EDI) for the purposes, and in amounts, specified for Community Project Funding/Congressionally Directed Spending, and these Community Project Funding (CPF) awards are administered by the Department of Housing and Urban Development (HUD); and WHEREAS, this grant agreement between the Department of Housing and Urban Development (HUD) and City of Temecula (the Grantee) is made pursuant to the authority of the Consolidated Appropriations Act 2032 (Public Law 117-328) and the Explanatory Statement for Division L of that Act, which was printed in the Senate section of the Congressional Record on December 20, 2022 (Explanatory Statement); and WHEREAS, that the definitions at 2 CFR 200.1 apply to this Grant Agreement, the Budget Period, and Period of Performance, and begins and ends on the dates specified, except where this Grant Agreement specifically states otherwise; and WHEREAS, the Grantee must use the Grant Funds as provided by the Approved Budget, and the Grantee is the Responsibility Entity and agrees to assume all the responsibilities and is subject to all applicable Code of Federal Regulations (CFR's) and requirements, including Uniform Administrative Requirements, Cost Principles, and Audit Requirements, the Period of Performance, and Environmental Review as it pertains to the National Environmental Policy Act (NEPA) compliance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Temecula approve the Grant Agreement between the Department of Housing and Urban Development (HUD) and City of Temecula (the Grantee), in the amount of $800,000 for the DePortola Road/Jedediah Smith Road Roundabout Project; and BE IT FURTHER RESOLVED that the City Manager, is hereby authorized and empowered to execute in the name of the City of Temecula the Grant Agreement, including but not limited to, all supplemental documents such as applications, agreements, amendments, and requests for payment, necessary to secure grant funds and implement the approved grant program or project; and BE IT FURTHER RESOLVED that these authorizations are in effect from the Date of Grant Obligation of December 20, 2022, and by the adoption of this resolution, up to and including the Period of Performance/Budget Period End Date of August 31, 2031, as necessary for the completion of the aforementioned project. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28t' day of November, 2023. Zak Schwank, 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. 2023- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 28th day of November, 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-CA-0140 Grantee Name: City of Temecula Grantee Address: 41000 Main St. Temecula, CA 92590 Grantee's Unique Entity Identifier (UEI): F2GZFYJMPWG6 Grantee's Employer Identification Number (EIN) 330383649 Federal Award Identification Number (FAIN) B-23-CP-CA-0140 Assistance Listing Number and Name 14.251 Economic Development Initiative, Community Project Funding, and Miscellaneous Grants Period of Performance/Budget Period Start Date Date of grant obligation Period of Performance/Budget Period End Date August 31, 2031 This Grant Agreement between the Department of Housing and Urban Development (HUD) and City of Temecula (the Grantee) is made pursuant to the authority of the Consolidated Appropriations Act, 2023 (Public Law 117-328) and the Explanatory Statement for Division L of that Act, which was printed in the Senate section of the Congressional Record on December 20, 2022 (Explanatory Statement). In reliance upon and in consideration of the mutual representations and obligations under this Grant Agreement, HUD and the Grantee agree as follows: ARTICLE I. Definitions The definitions at 2 CFR 200.1 apply to this Grant Agreement, except where this Grant Agreement specifically states otherwise. Budget period is defined in 2 CFR 200.1 and begins and ends on the dates specified above for the Period of Performance/Budget Period Start Date and Period of Performance/Budget Period End Date. Period of Performance is defined in 2 CFR 200.1 and begins and ends on the dates specified above for the Period of Performance/Budget Period Start Date and Period of Performance/Budget Period End Date. ARTICLE II. Total Grant Amount Subject to the provisions of the Grant Agreement, HUD will make grant funds in the amount of $800,000 available to the Grantee. ARTICLE III. Award -Specific Requirements A. Federal Award Description. The Grantee must use the Federal funds provided under this Grant Agreement (Grant Funds) to carry out the Grantee's "Project." Unless changed in accordance with Article III, section C of this Grant Agreement, the Grantee's Project shall be as described in the Project Narrative that is approved by HUD as of the date that HUD signs this Grant Agreement. For reference, HUD will attach this approved Project Narrative as Appendix 1 to the Grant Agreement on the date that HUD signs this Grant Agreement. FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-CA-0140 B. Approved Budget. The Grantee must use the Grant Funds as provided by the Approved Budget. Unless changed in accordance with Article III, section C of this Grant Agreement, the Approved Budget shall be the line -item budget that is approved by HUD as of the date that HUD signs this Grant Agreement. For reference, HUD will attach this approved line -item budget as Appendix 2 to this Grant Agreement on the date that HUD signs this Grant Agreement. C. Project and Budget Changes. All changes to the Grantee's Project or Approved Budget must be made in accordance with 2 CFR 200.308 and this Grant Agreement. To request HUD's approval for a change in the Project or Approved Budget, the Grantee must submit a formal letter to the Director of HUD's Office of Economic Development - Congressional Grants Division through the assigned Grant Officer. The letter must be submitted by email to the assigned Grant Officer and must provide justification for the change. The email submitting the letter must also include a revised project narrative or revised line -item budget, as applicable, that includes the requested change. The Grantee is prohibited from making project or budget changes that would conflict with the Applicable Appropriations Act Conditions described in Articl e III, section D of this Grant Agreement. The assigned Grant Officer for this grant is provided in the Award Letter for this grant and found on HUD's website. The HUD Office of Economic Development — Congressional Grants Division will notify the Grantee in writing, by email, whether HUD approves or disapproves the change. Before the Grantee expends Grant Funds in accordance with any change approved by HUD or otherwise allowed by 2 CFR 200.308, the Grantee must update its grant information in Disaster Recovery Grant Reporting (DRGR) to reflect that change. D. Applicable Appropriations Act Conditions. The conditions that apply to the Grant Funds as provided by the Consolidated Appropriations Act, 2023 and the Explanatory Statement are hereby incorporated and made part of this Grant Agreement. In the event of a conflict between those conditions, the conditions provided by the Act will govern. The Grant Funds are not subject to the Community Development Block Grants regulations at 24 CFR part 570 or Title I of the Housing and Community Development Act of 1974. E. In accordance with 2 CFR 200.307(b), costs incidental to the generation of program income may be deducted from gross income to determine program income, provided these costs have not been charged to the grant. As authorized under 2 CFR 200.307(e)(2), program income may be treated as an addition to the Federal award, provided that the Grantee uses that income for allowable costs under this Grant Agreement. In accordance with 2 CFR 200.307(b), costs incidental to the generation of program income may be deducted from gross income to determine program income, provided these costs have not been charged to the grant. Any program income that cannot be expended on allowable costs under this Grant Agreement must be paid to HUD before closeout of the grant, unless otherwise specified by an applicable Federal statute. Page 2 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-CA-0140 F. The Grantee must use the Grant Funds only for costs (including indirect costs) that meet the applicable requirements in 2 CFR part 200 (including appendices). The Grantee's indirect cost rate information is as provided in Appendix 3 to this Grant Agreement. Unless the Grantee is an Institution of Higher Education, the Grantee must immediately notify HUD upon any change in the Grantee's indirect cost rate during the Period of Performance, so that HUD can amend the Grant Agreement to reflect the change if necessary. Consistent with 2 CFR Part 200, Appendix III (C.7), if the Grantee is an Institution of Higher Education and has a negotiated rate in effect on the date this Grant Agreement is signed by HUD, the Grantee may use only that rate for its indirect costs during the Period of Performance. G. The Grantee must comply with any specific award conditions that HUD may attach to this Grant Agreement as provided by 2 CFR 200.208. If applicable, these conditions will be listed or added as Appendix 5 to this Grant Agreement. H. The Grantee is responsible for managing the Project and ensuring the proper use of the Grant Funds. The Grantee is also responsible for ensuring the completion of the Project, the grant closeout, and compliance with all applicable federal requirements. The Grantee may subaward all or a portion of its funds to one or more subrecipients, as identified in the Project Narrative (Appendix 1) or as may be approved by HUD in accordance with 2 CFR 200.308. All subawards made with funding under this Grant Agreement are subject to the subaward requirements under 2 CFR Part 200, including 2 CFR 200.332, and other requirements provided by this Grant Agreement. The Grantee is responsible for ensuring each subrecipient complies with all requirements under this Grant Agreement, including the general federal requirements in Article IV. A subaward may be made to a for -profit entity only if HUD expressly approves that subaward and the for -profit entity is made subject to the same Federal requirements that apply to all other subrecipients, including the requirements 2 CFR part 200 provides for a "non -Federal entity" that receives a subaward. ARTICLE IV. General Federal Requirements A. If the Grantee is a unit of general local government, a State, an Indian Tribe, or an Alaskan Native Village, the Grantee is the Responsible Entity (as defined in 24 CFR part 58) and agrees to assume all of the responsibilities for environmental review and decision - making and action, as specified and required in regulations issued by the Secretary pursuant to section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 and published in 24 CFR Part 58. B. If the Grantee is a housing authority, redevelopment agency, academic institution, hospital or other non-profit organization, the Grantee shall request the unit of general local government, Indian Tribe or Alaskan Native Village, within which the Project is located and which exercises land use responsibility, to act as Responsible Entity and assume all of the responsibilities for environmental review and decision -making and action as specified in paragraph A above, and the Grantee shall carry out all of the responsibilities of a grantee under 24 CFR Part 58. Page 3 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-CA-0140 C. After December 29, 2022, neither the Grantee nor any of its contractors, subrecipients and other funding and development partners may undertake, or commit or expend Grant Funds or local funds for, project activities (other than for planning, management, development and administration activities), unless a contract requiring those activities was already executed on or before December 29, 2022, until one of the following occurs: (i) the Responsible Entity has completed the environmental review procedures required by 24 CFR part 58, and HUD has approved the environmental certification and given a release of funds; (ii) the Responsible Entity has determined and documented in its environmental review record that the activities are exempt under 24 CFR 58.34 or are categorically excluded and not subject to compliance with environmental laws under 24 CFR 58.35(b); or (iii) HUD has performed an environmental review under 24 CFR part 50 and has notified Grantee in writing of environmental approval of the activities. D. Following completion of the environmental review process, the Grantee (recipient) shall exercise oversight, monitoring, and enforcement as necessary to assure that decisions and mitigation measures adopted through the environmental review process are carried out during project development and implementation. E. The Grantee must comply with the generally applicable HUD and CPD requirements in 24 CFR Part 5, subpart A, including all applicable fair housing, and civil rights requirements. If the Grantee is a Tribe or a Tribally Designated Housing Entity (TDHE) as established under 24 CFR 1000.206, the Grantee must comply with the nondiscrimination requirements in 24 CFR 1000.12 in lieu of the nondiscrimination requirements in 24 CFR 5.105(a). The Grantee must report data on the race, color, religion, sex, national origin, age, disability, and family characteristics of persons and households who are applicants for, participants in, or beneficiaries or potential beneficiaries of the Grantee's Project, consistent with the instructions and forms provided by HUD in order to carry out its responsibilities under the Fair Housing Act, Executive Order 11063, Title VI of the Civil Rights Act of 1964, and Section 562 of the Housing and Community Development Act of 1987 (e.g. HUD-27061). F. The Grantee must comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 CFR part 200, as may be amended from time to time. If 2 CFR part 200 is amended to replace or renumber sections of part 200 that are cited specifically in this Grant Agreement, the part 200 requirements as renumbered or replaced by the amendments will govern the obligations of HUD and the Grantee after those amendments become effective. G. The Grantee must comply with the Award Term in Appendix A to 2 CFR Part 25 ("System for Award Management and Universal Identifier Requirements") and the Award Term in Appendix A to 2 CFR Part 170 ("Reporting Subawards and Executive Compensation"), which are hereby incorporated into and made part of this Grant Agreement. H. If the Total Grant Amount, as provided in Article II of this Grant Agreement, is greater than $500,000, the Grantee must comply with the Award Term and Condition for Grantee Integrity and Performance Matters in Appendix 4 to this Grant Agreement. Page 4 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-CA-0140 I. Unless the Grantee is exempt from the Byrd Amendment as explained below, the Grantee must comply with the provisions of Section 319 of Public Law 101-121, 31 U.S.C. 1352, (the Byrd Amendment) and 24 CFR Part 87, which prohibit recipients of Federal contracts, grants, or loans from using appropriated funds for lobbying the executive or legislative branches of the Federal Government in connection with a specific contract, grant, loan, or cooperative agreement. The Grantee must include in its award documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements), the requirements for the certification required by Appendix A to 24 CFR Part 87 and for disclosure using Standard Form- LLL (SF-LLL), "Disclosure of Lobbying Activities." In addition, the Grantee must obtain the executed certification required by Appendix A and an SF-LLL from all covered persons. "Person" is as defined by 24 CFR Part 87. Federally recognized Indian tribes and TDHEs established by Federally recognized Indian tribes as a result of the exercise of the tribe's sovereign power are excluded from coverage of the Byrd Amendment. State -recognized Indian tribes and TDHEs established only under state law must comply with this requirement. J. The Grantee must comply with drug -free workplace requirements in Subpart B of 2 CFR Part 2429, which adopts the governmentwide implementation (2 CFR Part 182) of sections 5152-5158 of the Drug -Free Workplace Act of 1988, Pub. L. 100-690, Title V, Subtitle D (41 U.S.C. 701-707). K. The Grantee must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) as implemented by regulations at 49 CFR Part 24. The URA applies to acquisitions of real property and relocation occurring as a direct result of the acquisition, rehabilitation, or demolition of real property for Federal or Federally funded programs or projects. Real property acquisition that receives Federal financial assistance for a program or project, as defined in 49 CFR 24.2, must comply with the acquisition requirements contained in 49 CFR part 24, subpart B. Unless otherwise specified in law, the relocation requirements of the URA and its implementing regulations at 49 CFR part 24, cover any displaced person who moves from real property or moves personal property from real property as a direct result of acquisition, rehabilitation, or demolition for a program or project receiving HUD financial assistance L. If Grant Funds are used for purchase, lease, support services, operation, or work that may disturb painted surfaces, of pre-1978 housing, you must comply with the lead -based paint evaluation and hazard reduction requirements of HUD's lead- based paint rules (Lead Disclosure; and Lead Safe Housing (24 CFR part 35)), and EPA's lead- based paint rules (e.g., Repair, Renovation and Painting; Pre -Renovation Education; and Lead Training and Certification (40 CFR part 745)). M. The Grantee must comply with Section 3 of the Housing and Urban Development Act of 1968 (Section 3), 12 U.S.C. 1701u, and HUD's regulations at 24 CFR part 75, as applicable, including the reporting requirements in 24 CFR 75.25. Grants made to Tribes and TDHEs are subject to Indian Preference requirements in Section 7(b) of the Indian Self - Determination and Education Assistance Act (25 U.S.C. 5307(b)). As stated in 24 CFR 75.3(c), grants to Tribes and TDHEs are subject to Indian Preference requirements in lieu of Section 3. Grantees that are not exempt from Section 3 must submit annual reports of Section 3 Page 5 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-CA-0140 accomplishment Performance Measures in DRGR in January of the calendar year. This report reflects Section 3 accomplishments for the previous calendar year. N. The Grantee must not use any Grant Funds to support any Federal, state, or local project that seeks to use the power of eminent domain, unless eminent domain is employed only for a public use. Public use includes use of funds for mass transit, railroad, airport, seaport, or highway projects, and utility projects which benefit or serve the general public (including energy -related, communication -related, water -related, and waste water -related infrastructure), other structures designated for use by the general public or with other common -carrier or public -utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfields, as defined in the Small Business Liability Relief and Brownfields Revitalization Act (Pub. L. 107- 118). Public use does not include economic development that primarily benefits private entities. O. The Grantee must not use any Grant Funds to maintain or establish a computer network that does not block the viewing, downloading, and exchanging of pornography. This requirement does not limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. P. The Grantee must administer its Grant Funds in accordance with the Conflict of Interest requirements set forth in Appendix 6 of this Grant Agreement. Q. The Grantee must comply with the governmentwide debarment and suspension requirements in 2 CFR part 180 as incorporated and supplemented by HUD's regulations at 2 CFR part 2424. R. The Grantee must comply with the award term and condition regarding trafficking in persons in Appendix 7 of this Grant Agreement. S. The assurances and certifications the Grantee has made and submitted to HUD are incorporated by this reference and made part of this Grant Agreement. ARTICLE V. Drawdown Requirements A. The Grantee may not draw down Grant Funds until HUD has received and approved any certifications and disclosures required by 24 CFR 87.100 concerning lobbying, if applicable. B. The Grantee must use HUD's Disaster Recovery Grant Reporting (DRGR) system to draw down Grant Funds and report to HUD on activities. C. The Grantee must enter activity and budget information in DRGR that is consistent with the Grantee's Project and Approved Budget as described in Article III, sections A and B of this Grant Agreement and complies with HUD's instructions for entering information in DRGR found in the document titled "Grant Award Instructions" that accompanies the Grant Agreement. Page 6 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-CA-0140 D. The Grantee must only enter activities in DRGR that are described in the Approved Budget. E. The Grantee must expend all Grant Funds in accordance with the activity and budget information in DRGR. F. Each drawdown of Grant Funds constitutes a representation by the Grantee that the funds will be used in accordance with this Grant Agreement. G. The Grantee must use DRGR to track the use of program income and must report the receipt and use of program income in the reports the Grantee submits to HUD under Article VI of this Grant Agreement. The Grantee must expend program income before drawing down Grant Funds through DRGR. H. Notwithstanding any other provision of this grant agreement, HUD will not be responsible for payment of any Grant Funds after the date Treasury closes the account in accordance with 31 U.S.C. § 1552. Because Treasury may close the account up to one week before the September 30 date specified by 31 U.S.C. § 1552, the Grantee is advised to make its final request for payment under the grant no later than September 15, 2031. ARTICLE VI. Program -Specific Reporting Requirements In addition to the general reporting requirements that apply under other provisions of this Agreement, the following program -specific reporting requirements apply to the Grantee: A. The Grantee must submit a performance report in DRGR on a semi-annual basis and must include a completed Federal financial report as an attachment to each performance report in DRGR. Performance reports shall consist of a narrative of work accomplished during the reporting period. During the Period of Performance, the Grantee must submit these reports in DRGR no later than 30 calendar days after the end of the 6- month reporting period. The first of these reporting periods begins on the first of January or June (whichever occurs first) after the date this Grant Agreement is signed by HUD. B. The performance report must contain the information required for reporting program performance under 2 CFR 200.329(c)(2) and (d), including a comparison of actual accomplishments to the objectives of the Project as described in Article III, section A of this Grant Agreement, the reasons why established goals were not met, if appropriate, and additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. C. Financial reports must be submitted using DRGR or such future collections HUD may require and as approved by OMB and listed on the Grants. gov website (https://www. rg ants.gov/web/grants/forms/post-award-reporting-fortns.html). Page 7 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-CA-0140 D. The performance and financial reports will undergo review and approval by HUD. If a report submission is insufficient, HUD will reject the report in DRGR and identify the corrections the Grantee must make. E. No drawdown of funds will be allowed through DRGR while the Grantee has an overdue performance or financial report. F. The Grantee must report and account for all property acquired or improved with Grant Funds as provided by 2 CFR part 200 using the applicable common forms approved by OMB and provided on the Grants.gov website (https://www. ra�nts.gov/web/grants/forms/post-award-reporting-fortns.html). This reporting obligation includes submitting status reports on real property at least annually as provided by 2 CFR 200.330, accounting for real and personal property acquired or improved with Grant Funds as part of Project Closeout, and promptly submitting requests for disposition instructions as provided by 2 CFR 200.311(c), 200.313(e), and 200.314(a). ARTICLE VII. Project Closeout A. The grant will be closed out in accordance with 2 CFR part 200, as may be amended from time to time, except as otherwise specified in this Grant Agreement. B. The Grantee must submit to HUD a written request to closeout the grant no later than 30 calendar days after the Grantee has drawn down all Grant Funds and completed the Project as described in Article III, section A of this Grant Agreement. HUD will then send the Closeout Agreement and Closeout Certification to the Grantee. C. At HUD's option, the Grantee may delay initiation of project closeout until the resolution of any findings as a result of the review of semi-annual activity reports in DRGR. If HUD exercises this option, the Grantee must promptly resolve the findings. D. The Grantee recognizes that the closeout process may entail a review by HUD to determine compliance with the Grant Agreement by the Grantee and all participating parties. The Grantee agrees to cooperate with any HUD review, including reasonable requests for on -site inspection of property acquired or improved with Grant Funds. E. No later than 120 calendar days after the Period of Performance, Grantees shall provide to HUD the following documentation: A Certification of Project Completion. 2. A Grant Closeout Agreement. A final financial report giving the amount and types of project costs charged to the grant (that meet the allowability and allocability Page 8 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-CA-0140 requirements of 2 CFR part 200, subpart E); a certification of the costs; and the amounts and sources of other project funds. 4. A final performance report providing a comparison of actual accomplishments with the objectives of the Project, the reasons for slippage if established objectives were not met and additional pertinent information including explanation of significant cost overruns. A final property report, if specifically requested by HUD at the time of closeout. ARTICLE VIII. Default A default under this Grant Agreement shall consist of any use of Grant Funds for a purpose other than as authorized by this Grant Agreement, any noncompliance with statutory, regulatory, or other requirements applicable to the Grant Funds, any other material breach of this Grant Agreement, or any material misrepresentation in the Grantee's submissions to HUD in anticipation of this award. If the Grantee fails to comply with the terms and conditions of the Grant Agreement, HUD may adjust specific conditions of this Grant Agreement as described in 2 CFR part 200, as may be amended from time to time. If HUD determines that noncompliance cannot be remedied by imposing additional conditions, HUD may take one or more of the remedies for noncompliance described in 2 CFR part 200, as may be amended from time to time. HUD may also terminate all or a part of this award as provided by 2 CFR 200.340 and other applicable provisions of 2 CFR part 200, as may be amended from time to time. Nothing in this Grant Agreement shall be construed as creating or justifying any claim against the Federal government or the Grantee by any third parry. Page 9 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-CA-0140 ARTICLE IX. HUD Contact Information Except where this Grant Agreement specifically states otherwise, all requests, submissions, and reports the Grantee is required to make to HUD under this Grant Agreement must be made in writing via email to CPFGrants@hud.gov. This agreement is hereby executed on behalf of the Grantee and HUD as follows: GRANTEE CITY OF TEMECULA BY: Aaron Adams, City Manager (Date) CITY OF TEMECULA ATTEST: BY: Randi Johl, City Clerk (Date) CITY OF TEMECULA APPROVED AS TO FORM: BY: Peter M. Thorson, City Attorney (Date) HUD Robin J. Keegan, Deputy Assistant Secretary for Economic Development (Date) Page 10 Item No. 8 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: November 28, 2023 SUBJECT: Approve Grant of Public Utility Easement and Temporary Construction Easement on Property Owned by Longs Drug Stores, California, L.L.C. in Connection with the Santa Gertrudis Creek Phase II — Margarita Under -Crossing (APN 920-080- 020) PREPARED BY: Avlin Odviar, Principal Civil Engineer RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN GRANT OF PUBLIC UTILITY EASEMENT AND THE TEMPORARY CONSTRUCTION EASEMENT GRANTED BY LONGS DRUG STORES CALIFORNIA, L.L.C. IN CONNECTION WITH THE SANTA GERTRUDIS CREEK PHASE II — MARGARITA UNDER -CROSSING, PW19-04 AND MAKING FINDINGS THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO SECTION 15162 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES AND SECTION 21166 OF THE PUBLIC RESOURCES CODE (APN 920-080-020) BACKGROUND: Brief Description of Project The City of Temecula ("City") seeks to construct the Santa Gertrudis Creek Phase II — Margarita Under -Crossing, PW19-04 ("Project"). The Project will construct a total approximate 610 feet of a shared bicycle and pedestrian trail undercrossing beneath the overpass of Margarita Road. The Project would include the reconstruction and/or replacement of the existing trail and infrastructure, such as the existing retaining wall and channel slope paving and cut-off wall. The Project requires the relocation of reclaimed waterline owned by Rancho California Water District ("RCWD"). Accordingly, the City was required to acquire, for the benefit of RCWD the necessary property interests for the reclaimed waterline and related improvements. Specifically, the City needed to acquire an approximate 594 square foot permanent public utility easement and an approximate 722 square foot temporary construction easement with a term of six (6) months to construct the Project. Acquisition of Certain Subject Property Interests on APN 920-080-020 The City Council has before it a proposed Resolution approving the acquisition of certain property interest on the real property located at 40365 Winchester Road, in the City of Temecula, and identified as Riverside County Tax Assessor's Parcel Number 920-080-020 ("Property"). The Property is owned by Longs Drug Stores California, L.L.C., a California limited liability company ("Owner") and is improved with a CVS Pharmacy. Specifically, the Resolution approves the following two documents: (i) Grant of Public Utility Easement — Pursuant to the Grant of Public Utility Easement, the Owner grants to the City an approximate 594 square foot permanent non- exclusive public utility easement described more particularly in EXHIBIT "A" and EXHIBIT `B" to the Grant of Public Utility Easement for a public use, namely for public utility and reclaimed waterline purposes, access and maintenance purposes, and all uses necessary and convenient thereto in connection with the Project. (ii) Temporary Construction Easement Agreement — Pursuant to the Temporary Construction Easement Agreement, the Owner authorizes the City to use an approximate 722 square foot portion of the Property for a non-exclusive temporary construction easement with a term of six (6) months described more particularly in EXHIBIT "A" and EXHIBIT "B" to the Temporary Construction Easement to help facilitate the construction of the reclaimed waterline improvements in connection with the Project. The approximate 594 permanent public utility easement and approximate 722 square foot temporary construction easement that the City seeks to acquire on the Property are referred to below collectively as the "Subject Property Interests". The public utility easement is located directly adjacent to an existing public utility easement that benefits RCWD. The approximate 722 square foot temporary construction easement area is located adjacent to the existing RCWD easement. After the City completes the construction of the Project, the City plans to quitclaim to RCWD its title and interest in and to said public utility easement. The City seeks to acquire the Subject Property Interests for public use, namely for public utility and reclaimed waterline purposes, access and maintenance purposes, and all uses necessary and convenient thereto in connection with the Project. The City is authorized to acquire the Subject Property Interests in connection with the Project pursuant to the authority conferred upon the City by California Government Code Sections 37350, 37350.5, 37351, 38730, 38742 (b) and 40404, and by other provisions of law. The total monetary consideration that the City will pay to Owner for the Subject Property Interests is $14,300.00 (Fourteen Thousand Three Hundred Dollars), which is the amount set as just compensation based on the fair market value estimate for the Subject Property Interests arrived at in the independent appraisal prepared on behalf of the City. The City wishes to proceed with the proposed acquisition of the Subject Property Interests and Owner wishes to grant to the City the Subject Property Interests pursuant to the terms of the Grant of Public Utility Easement and Temporary Construction Easement attached to this Resolution and incorporated herein by this reference. The terms of the Grant of Public Utility Easement and the Temporary Construction Easement are detailed in the respective documents and summarized in the Resolution. Environmental Review The environmental effects of the Project, including the relocation of the RCWD waterline which triggered the acquisition of the Subject Property Interests needed for the Project were studied and analyzed as an integral part of the Draft Initial Study/Mitigated Negative Declaration for the Santa Gertrudis Phase II Undercrossing at Margarita Dated February 2022 ("MND"). On April 12, 2022, the City Council approved the Initial Study and adopted the MND for the Project and directed the Public Works Director to file a Notice of Determination in accordance with the California Environmental Quality Act (CEQA). The City duly filed the Notice of Determination with the County Clerk and Recorder's Office in accordance with CEQA. The MND noted that the Project does not require the acquisition of residences or habitable structures. It also explained that the relocation of the RCWD waterline would be relocated within the confines of the Project boundary a maximum of 23-feet to the east of the proposed anchor wall. This relocation was considered minor and routine in scope. The California Transportation Commission filed a Notice of Determination in compliance with Section 21108 of the Public Resources Code on July 5, 2023. Said Notice of Determination advised that the California Transportation Commission approved the Project on June 28-29, 2023 and determined that the Project will not have a significant effect on the environment; a Mitigated Negative Declaration was prepared pursuant to the provisions of CEQA; mitigation measures were made a condition of the approval of the Project; a mitigation reporting or monitoring plan was adopted for the Project; a Statement of Overriding Considerations was not adopted for the Project; and findings were made pursuant to the provisions of CEQA. Said environmental documents are incorporated herein by this reference. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City Staff concluded that no substantial changes have occurred in the Project, no substantial changes have occurred in the circumstances under which the Project is undertaken, and the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests for the Project. Accordingly, the City hereby finds that no further environmental review is required pursuant to Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code. City Staff recommends that the City Council approve the Resolution approving the City's purchase of the approximate 594 square foot public utility easement and the approximate 722 square foot temporary construction easement pursuant to the terms set forth in the Grant of Public Utility Easement and the Temporary Construction Easement Agreement, respectively. FISCAL IMPACT: The Santa Gertrudis Creek Phase II — Margarita Under -Crossing project is included in the City's Capital Improvement Program Fiscal Years 2024-28. The sources of funds include Measure S and Senate Bill 1, Active Transportation Program Augmentation. There are sufficient funds in the project account to cover the total cost of $14,300.00 for the public utility easement and temporary construction easement. ATTACHMENTS: Resolution with attachments 3 RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN GRANT OF PUBLIC UTILITY EASEMENT AND THE TEMPORARY CONSTRUCTION EASEMENT GRANTED BY LONGS DRUG STORES CALIFORNIA, L.L.C. IN CONNECTION WITH THE SANTA GERTRUDIS CREEK PHASE II — MARGARITA UNDER -CROSSING, PW19-04 AND MAKING FINDINGS THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO SECTION 15162 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES AND SECTION 21166 OF THE PUBLIC RESOURCES CODE (APN 920-080-020) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findings. A. The City of Temecula ("City") is a municipal corporation, located in the County of Riverside, State of California. B. Longs Drug Stores California, L.L.C., a California limited liability company ("Owner") is the record owner of that certain property located at 40365 Winchester Road, in the City of Temecula, and identified as Riverside County Tax Assessor's Parcel Number 920-080-020 ("Property"). The Property is improved with a CVS Pharmacy. C. On August 10, 2023, the City made a written offer to Owner pursuant to Government Code Section 7267.2 ("Offer") to purchase an approximate 594 square foot permanent non-exclusive public utility easement and an approximate 722 square foot non- exclusive temporary construction easement with a term of six (6) months on the Property in connection with the Santa Gertrudis Creek Phase II — Margarita Under -Crossing, PW 19-04 ("Project"). The Project will construct a total approximate 610 feet of a shared bicycle/trail undercrossing beneath the overpass of Margarita Road. The Project would include the reconstruction and/or replacement of the existing trail and infrastructure, such as the existing retaining wall and channel slope paving and cut-off wall. The Project requires the relocation of a reclaimed waterline owned by Rancho California Water District ("RCWD"). Accordingly, the City was required to acquire, for the benefit of RCWD, the necessary property interests for the reclaimed waterline and related improvements. D. The City seeks to acquire the approximate 594 square foot permanent non-exclusive public utility easement described more particularly in EXHIBIT "A" and EXHIBIT `B" to the attached Grant of Public Utility Easement for a public use, namely for public utility and reclaimed waterline purposes, access and maintenance purposes, and all uses necessary and convenient thereto in connection with the Project. The City seeks to acquire the approximate 722 square foot non-exclusive temporary construction easement with a term of six (6) months described more particularly in EXHIBIT "A" and EXHIBIT "B" to the attached Temporary Construction Easement to help facilitate the construction of the reclaimed waterline improvements in connection with the Project. The approximate 594 permanent public utility easement and approximate 722 square foot temporary construction easement that the City seeks to acquire on the Property are described more particularly below referred to collectively as the "Subject Property Interests". The public utility easement is located directly adjacent to an existing public utility easement in favor of RCWD. After the City completes construction of the Project, the City plans to quitclaim to RCWD its title and interest in and to said public utility easement. E. The City seeks to acquire the Subject Property Interests for public use, namely for public utility and reclaimed waterline purposes, access and maintenance purposes, and all uses necessary and convenient thereto in connection with the Project. The City is authorized to acquire the Subject Property Interests in connection with the Project pursuant to the authority conferred upon the City by California Government Code Sections 37350, 37350.5, 37351, 38730, 38742 (b) and 40404, and by other provisions of law. F. The total monetary consideration that the City will pay to Owner for the Subject Property Interests is $14,300.00 (Fourteen Thousand Three Hundred Dollars) ("Compensation"). The City's Offer to purchase the Subject Property Interests for the Compensation was based on the fair market value estimate for the Subject Property Interests set forth in the independent appraisal prepared on behalf of the City. The City wishes to proceed with the proposed acquisition of the Subject Property Interests and Owner wishes to grant to the City the Subject Property Interests pursuant to the terms of the Grant of Public Utility Easement and Temporary Construction Easement attached to this Resolution and incorporated herein by this reference. Section 2. Approval of Grant of Public Utility Easement. The City Council of the City of Temecula finds that the acquisition of the approximate 594 square foot non-exclusive public utility easement located on portions of the Property is in the public interest and is necessary for the construction of the Project. Pursuant to the Grant of Public Utility Easement, the Owner grants to the City, for good and valuable consideration in the amount of $13,400.00 (Thirteen Thousand Four Hundred Dollars), the approximate 594 square foot permanent non-exclusive easement for public utility and reclaimed waterline purposes, and all uses necessary or convenient thereto on the portion of the Property more particularly described on EXHIBIT "A" and depicted on EXHIBIT `B" to the Grant of Public Utility Easement (`Basement Area"), subject to the terms and conditions of said Grant of Public Utility Easement. The public utility easement is for the installation, construction, operation, maintenance, repair, replacement, and reconstruction of water, sewer, and/or recycled water pipeline or pipelines, and all fixtures or appurtenances incidental thereto, and placement of tools, implements, and materials thereon as necessary to exercise the rights conveyed under the Grant of the Public Utility Easement, together with a right- of-way for ingress and egress for vehicles, machinery or equipment as may be necessary or convenient from adjacent roadways over a reasonable path to the Easement Area. The City also has the perpetual right to remove from the Easement Area buildings, structures, trees, bushes, soil, undergrowth, flowers, and any other obstructions that the City deems are interfering with the use of said Easement and right-of-way by the City, its successors, or assigns. The Owner reserves the right, at the Owner's own risk, to use the surface of the Easement Area in a manner that will not interfere with or be detrimental to the use of said easement and right-of-way by the City, its successors, and assigns, provided. The Grant of Public Utility Easement provides that the ground P elevations of said Easement Area existing at the time the document is executed cannot be increased or decreased except for grade changes required for construction of the subject utility pipelines, appurtenances, and/or facilities for the reclaimed water pipeline and related facilities, as shown on plans approved by the Owner. The City is required, as part of the Project, restore the Easement Area, limited only to backfill, compaction, and patching the area(s) of non -decorative impervious pavement and curbing (if applicable) excavated by the City as part of the maintenance and/or repair activity to as close to the condition of that said area existing prior to the excavation. The City also agrees that, except for any trees located in the Easement Area, the City will replace, with material of like kind and quality, any improvements located in the Easement Area that were damaged as a result of the City's construction, maintenance or repair of the facilities authorized pursuant to the Grant of Public Utility Easement, including any irrigation improvements or landscaping located in the Easement Area. The Grant of Public Utility Easement contains indemnification provisions. The Grant of Public Utility Easement expressly acknowledges that the City may transfer to RCWD the City's interest in, and rights and obligations under said easement and that the acceptance of any such transfer by RCWD constitutes the acceptance by RCWD of the rights, terms, and obligations under said easement. Section 3. Approval of Temporary Construction Easement Agreement. The City Council of the City of Temecula finds that the acquisition of the approximate 722 square foot non- exclusive temporary construction easement on portions of the Property is in the public interest and is necessary to facilitate the construction of the Project. Pursuant to the Temporary Construction Easement Agreement, the Owner authorizes the City, for good and valuable consideration in the amount of $900.00 (Nine Hundred Dollars), to enter upon and use the approximate 722 square foot non-exclusive temporary construction easement for a term of six (6) months to facilitate the construction of the Project. The approximate 722 square foot temporary construction easement is described more particularly in EXHIBIT "A" and depicted on EXHIBIT "B" to the Temporary Construction Easement Agreement. Under the Temporary Construction Easement Agreement, the City and its contractors, agents, representatives, and employees and others deemed necessary by the City ("City Designees") are authorized to use the 722 square foot area ("TCE Area") to facilitate the construction of the Project, including ingress and egress, to facilitate the movement of construction equipment for the construction of the reclaimed waterline and related facilities that will be constructed as part of the Project in the approximate 594 square foot permanent easement, that the City is acquiring directly adjacent to the TCE Area. The term of City's use of the TCE Area will commence thirty (30) calendar days from the date upon which City provides to Owner with written notice of City's intent to commence its use of the TCE Area ("Commencement Date"). The term of the TCE shall terminate on the earliest of (i) the date upon which City notifies the Owner that it no longer needs the TCE, (ii) six (6) months from the commencement date of the TCE ("Termination Date"). The Temporary Construction Easement also provides an option for the City to extend the term for up to six (6) months, on a month -to -month basis, by providing the Owner fifteen (15) calendar days' notice before the Termination Date ("Extension Term"). During the Extension Term, City will pay to Owner the sum of $144.00 per month (or portion of any month) for the use of the TCE Area. Under the Temporary Construction Easement Agreement, the City is required to leave the TCE Area in as close as possible to the condition in which said TCE Area existed at the Commencement Date, including removal of any equipment or material stored on the TCE Area in connection with the Project and replacement of any landscaping and irrigation located in the TCE Area that is damaged in connection with the City's use of the TCE Area for the Project with material of like kind and quality. The City and Owner agree and 3 acknowledge, however, that the City will not replace to two mature trees that are impacted by the City's acquisition of the adjacent 594 square foot public utility easement area because compensation for such trees is included in the compensation for the public utility easement. The City must comply with the terms of use set forth in the Temporary Construction Easement. Section 4. Environmental Review. The environmental effects of the Project, including the relocation of the RCWD waterline which triggered the acquisition of the Subject Property Interests needed for the Project were studied and analyzed as an integral part of the Draft Initial Study/Mitigated Negative Declaration for the Santa Gertrudis Phase II Undercrossing at Margarita Dated February 2022 ("MND"). On April 12, 2022, the City Council approved the Initial Study and adopted the MND for the Project and directed the Public Works Director to file a Notice of Determination in accordance with the California Environmental Quality Act (CEQA). The City duly filed the Notice of Determination with the County Clerk and Recorder's Office in accordance with CEQA. The MND noted that the Project does not require the acquisition of residences or habitable structures. It also explained that the relocation of the RCWD waterline would be relocated within the confines of the Project boundary a maximum of 23-feet to the east of the proposed anchor wall. This relocation was considered minor and routine in scope. The California Transportation Commission filed a Notice of Determination in compliance with Section 21108 of the Public Resources Code on July 5, 2023. Said Notice of Determination advised that the California Transportation Commission approved the Project on June 28-29, 2023 and determined that the Project will not have a significant effect on the environment; a Mitigated Negative Declaration was prepared pursuant to the provisions of CEQA; mitigation measures were made a condition of the approval of the Project; a mitigation reporting or monitoring plan was adopted for the Project; a Statement of Overriding Considerations was not adopted for the Project; and findings were made pursuant to the provisions of CEQA. Said environmental documents are incorporated herein by this reference. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City Staff concluded that no substantial changes have occurred in the Project, no substantial changes have occurred in the circumstances under which the Project is undertaken, and the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interests for the Project. Accordingly, the City hereby finds that no further environmental review is required pursuant to Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code. Section 5. City Manager's Authority. The City Manager (or the City Manager's designee), is hereby authorized, on behalf of the City, to take all actions necessary and convenient to carry out and effect the acquisition of the Subject Property Interests for the Project, including any actions required to administer the City's obligations, responsibilities, and duties to be performed under the Grant of Public Utility Easement and Temporary Construction Easement, including but not limited to execution of said documents and direction to the City's Finance Department to issue to the Owner the compensation for the Subject Property Interests. The City Manager is further authorized to execute any applicable documents to complete the transactions contemplated by the Grant of Public Utility Easement and Temporary Construction Easement, including the execution of a Quitclaim Deed quitclaiming to RCWD the City's interest in and to the 594 square foot public utility easement after the City's construction of the Project. 4 Section 5. Certification. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of November, 2023. Zak Schwank, 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. 2023- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 28�h day of November, 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk ATTACHMENT 64 1" RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Temecula Attention: City Clerk's Office 41000 Main Street - Temecula, California 92590 SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No. 920-080-020 _ [X] Portion Documentary Transfer Tax $0.00 This Instrument is for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev & Tax Code § 1 ]922). GRANT OF PtJBI,IC UTILITY EASEMENT Longs Drug Stores California, L . L . C . , a California limited liability company ("Grantor") is the record fee owner of the real property commonly known as 40365 Winchester Road, Temecula, California, and identified as Riverside County Tax Assessor's Parcel Number 920-080-020 ("Grantor's Property"). Grantor's Property is improved with a CVS drug store. Grantor desires to grant to the CITY OF TEMECULA, a municipal corporation ("City" or "Grantee") and City desires to acquire from Grantor an approximate 594 square foot public utility easement for reclaimed water purposes and all uses necessary or convenient thereto in connection with the Santa Gertrudis Creek Phase Il Bike Trail Margarita Road Undercrossing PW19-04. NOW THEREFORE, for good and valuable consideration in the amount of $13,400.00 (Thirteen Thousand Four Hundred Dollars), receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants to Grantee an approximate 594 square foot permanent non-exclusive easement for public utility and reclaimed water line purposes, and all uses necessary or convenient thereto ("Easement") on the portion of Grantor's Property described more particularly on EXHIBIT "A" and depicted on EXHIBIT "B" attached hereto and incorporated herein by this reference. Pursuant to this Easement, Grantee has the right to use the approximate 594 square foot easement area ("Easement Area") for the installation, construction, operation, maintenance, repair, replacement, and reconstruction of water, sewer, and/or recycled water pipeline or pipelines, and all fixtures or appurtenances incidental thereto, and placement of tools, implements, and materials thereon as necessary to exercise the rights conveyed under this Easement, together with a right-of-way for ingress and egress for vehicles, machinery or equipment as may be necessary or convenient from adjacent roadways over a reasonable path to the Easement Area. Grantee also has the perpetual right to remove from the Easement Area buildings, structures, trees, bushes, soil, undergrowth, flowers, and any other obstructions that Grantee deems are interfering with the use of said Easement and right-of-way by Grantee, its successors, or assigns. 2877873vl I Grantor reserves the right, at Grantor's own risk, to use the surface of the Easement Area in a manner that will not interfere with or be detrimental to the use of said easement and right -of- way by Grantee, its successors, and assigns, provided, however, that the Grantor shall not increase or decrease or permit to be increased or decreased the ground elevations of said Easement existing at the time this document is executed except for grade changes required for construction of the Grantee's utility pipelines, appurtenances, and/or facilities for the reclaimed water pipeline and related facilities, as shown on plans approved by the Grantee. Grantor shall not plant any trees, construct or permit to be constructed any building, structure, concrete slab, concrete pavement, block wall, fence, improvement, or other encroachment on the Easement Area without the previous written consent of Grantee in the form of an encroachment permit or plans approved by the Grantee. Grantee may withhold its written consent at its sole discretion. Grantee may remove from Easement Area any tree, building, structure, concrete slab, concrete pavement, improvement, or other encroachment not consented to in writing by Grantee, and the cost of such removal shall be the sole responsibility of Grantor. Grantor will reimburse Grantee for any such costs of removal of said improvements from the Easement Area within thirty (30) days of receiving documentation from Grantee evidencing such costs. Grantor waives any right under California Civil Code Section 845, and any other right, to compel Grantee to repair, grade, surface, or otherwise improve or maintain said Easement as a roadway or private right-of-way. Notwithstanding California Civil Code Section 845, Grantor hereby covenants and agrees for itself, its heirs, successors, and assigns, that the Grantor will be responsible, at Grantor's sole cost and expense, for maintaining the surface of the Easement Area, consistent with City of Temecula landscape standards, including, but not limited to, keeping the Easement Area free of weeds and debris and maintaining any permitted surface improvements or utility markers, if any, in good and clean condition. Upon completion of maintenance and/or repair of Grantee's pipeline or appurtenant facilities involving excavations of the surface of the Easement Area, Grantee agrees to restore the Easement Area, limited only to backfill, compaction, and patching the area(s) of non - decorative impervious pavement and curbing (if applicable) excavated by the Grantee as part of the maintenance and/or repair activity to as close to the condition of that said area existing prior to the excavation. Grantee also agrees that, except for any trees located in the Easement Area, Grantee will replace, with material of like kind and quality, any improvements located in the Easement Area that were damaged as a result of Grantee's construction, maintenance or repair of the facilities authorized pursuant to this Easement, including any irrigation improvements or landscaping located in the Easement Area. Except as otherwise provided herein, Grantee has the right to prevent any activity on or use of the Easement Area that (a) is inconsistent with the purposes of this Easement; (b) interferes with or is harmful to Grantee's rights herein; or (c) interferes with or is harmful to Grantee's facilities. Grantor agrees not to use or allow the use of the Easement Area in such a way as to impede, harm, or interfere with (a) the Grantee's rights as defined herein; or (b) Grantee's facilities constructed pursuant to this Easement. Grantee acknowledges and agrees that Grantee and its employees, agents, contractors, subcontractors, engineers, representatives, consultants or any other party for whom Grantee is 2 2877873v1 responsible will exercise its rights under this easement at Grantee's risk. Grantor assumes no risk, liability, responsibility or duty of care as to Grantee, its employees, agents, contractors, subcontractors, engineers, representatives, consultants or any other party for whom Grantee is responsible hereunder. The Grantee will indemnify, defend and hold Grantor harmless from any and all liability for loss, damages, costs, expenses, demands, causes of action, claims or judgments, arising from or arising out of or in any way connected with the entry, access and use of the Easement in connection with the exercise of the rights of the Grantee and its designees under this Easement or any breach of the Grantee's obligations under this Easement, and will reimburse Grantor for all reasonable costs, expenses and losses, including reasonable attorneys' fees, incurred by Grantor in consequence of any claims, demands and causes of action that may be made or brought against Grantor arising out of the entry on and use of the area comprising the Easement by said Grantee and/or its designees in connection with the obligations under this Easement. All terms of this Easement shall bind, encumber, and run with the Easement and shall bind all successors -in -interest of Grantor in and to the Property and of the City in and to the Easement. Grantor expressly agrees and acknowledges that Grantee may transfer to Rancho California Water District Grantee's interest in, and rights and obligations under this Easement and that the acceptance of any such transfer by Rancho California Water District constitutes the acceptance by Rancho California Water District of the rights, terms, and obligations under this Easement. [Signature on following page.] 3 2877873v1 IN WITNESS WHEREOF, Grantor has caused this Grant of Public Utility Instrument to be executed on the date set forth below. GRANTOR Longs Drug Stores California, L.L.C., a California limited liability company Date: Oc -L W r a h o r-3 By: L" '--� Name: Cheryl A. en Title: Assistant Secretary CVS Approval: L. Chenel STATE OF RHODE ISLAND COUNTY OF PROVIDENCE In Woonsocket, on the �' & day of ��-�� (' , 2023, before me personally appeared Cheryl A. Green, Assistant Secretary of Longs Drug Stores California, L.L.C., to me known and known by me to be the party executing the foregoing instrument, and he/she acknowledged said instrument, by him/her executed, to be his/her free act and deed and the free act and deed of Longs Drug Stores California, L.L.C. 'f E. riy a Public: ,y ommission Expires: Lynn E Cbenel * 81. PUNotary Public y PULIC * State of Rhode Isxand y°°F►sLA�'° My Commission Expires: 10'�"°�z� 4 2877873vl SHEET 1 OF 1 EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF PARCEL 2, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP 30060, ON FILE IN BOOK 200, PAGES 73 THROUGH 74, OF PARCEL MAPS, OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL 2, SAID CORNER ALSO BEING THE INTERSECTION OF THE SOUTHEASTERLY LINE OF THE SANTA GERTRUDES FLOOD CONTROL CHANNEL WITH THE EASTERLY RIGHT OF WAY OF MARGARITA ROAD (55.00 FOOT HALF -WIDTH) AS SHOWN ON SAID PARCEL MAP, SAID EASTERLY RIGHT OF WAY BEING A CURVE, CONCAVE EASTERLY HAVING A RADIUS OF 1,145.00 FEET; THENCE SOUTHERLY ALONG SAID EASTERLY RIGHT OF WAY CURVE THROUGH A CENTRAL ANGLE OF 01-16,34", AN ARC DISTANCE OF 25.50 FEET; THENCE LEAVING SAID EASTERLY RIGHT OF WAY NORTH 38°53'21" EAST, 33.58 FEET; THENCE NORTH 50°53'28" EAST, 24.83 FEET TO THE PROLONGATION OF A RADIAL LINE OF THE 50.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY ON SAID SOUTHEASTERLY LINE OF THE SANTA GERTRUDES FLOOD CONTROL CHANNEL BEARING SOUTH 57°35'17" EAST; THENCE ALONG THE PROLONGATION OF SAID RADIAL LINE NORTH 57°35'17" WEST, 11.26 FEET TO SAID SOUTHEASTERLY LINE OF THE SANTA GERTRUDES FLOOD CONTROL CHANNEL AND THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 50.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS SOUTH 57°35'17" EAST; THENCE THENCE ALONG SAID SOUTHEASTERLY LINE AND CURVE, THROUGH A CENTRAL ANGLE OF 49°14'39", AN ARC DISTANCE OF 42.97 FEET TO THE POINT OF BEGINNING; SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, RIGHTS, AND EASEMENTS OF RECORD IF ANY; CONTAINING: 594 SQUARE FEET OR 0.014 ACRES MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A MADE A PART HEREOF. PREPARED BY ME OR UNDER MY SUPERVISION: ROBERT VASQUEZ, L.S. 06-08-2023 DATE LA Exp, 12-31-2024 No. 7300 EXHIBIT "B" SKETCH TO ACCOMPANY LEGAL DESCRIPTION I I I I EXISTING CENTERLINE I I EXISTING RIGHT OF WAY l 4 POINT OF BEGINNING MOST W'LY CORNER PARCEL 2, PM 30060 +T'y PMB 200/73-74 f �J 1,52_W [RADfAf- R=1,'fA5') it N ' RCWD EASEMENT REC. 8/29/1994 AS INST. NO. 334604 O.R. 20 10 0 20 40 SQNTA N0!TRUN,C-',� FLC ODD COON` 'RCo�L= (VNL-;1 NUC'1 i BASIS OF BEARINGS N13°32'58"E, N13°33'24"E PER P.M.B. 200 / 73-74 SE'LY LINE SANTA GERTURDES FLOOD CONTROL CHANNEL 0 20 cV �IJ u / ,,,-,--N57°35'17"W 11.26' DA ' C01L ,X CS /n/r 20'CZ O lWl�i�l� IIVfIG;11� p 1 � sava�w �Ojq4 R_1gel5`] INDICATES ® 1 ( EASEMENT AREA (594 SQ. FT. t) 17782 17th Street, Suite 200 Tustin, California 92780-1947 Phone: 760.665.4500 %FDAVID EVANS ANoASSOCIATES INC. Rancho California Water District Job Number: Q EXPI0000-0003 x Date: 06-08-2023 a City of Temecula County of Riverside State of California Scale: 1"=20' _ Sheet 1 of 1 Sheet d ATTACHMENT 642" RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Temecula Attention: City Clerk's Office 41000 Main Street Temecula, California 92590 Assessor's Parcel No. 920-080-020 [X] Portion Documentary Transfer Tax $0.00 This Document is recorded on behalf of the City of Temecula y and is exempt from recording fees pursuant to Government Code § 27383, Documentary Transfer Tax pursuant to Revenue & Taxation Code § 11922 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT This Temporary Construction Easement Agreement is entered into between Longs Drug Stores California, L.L.C., a California limited liability company ("Grantor") and the City of Temecula, a municipal corporation ("Grantee" or "City"). Grantor is the record fee owner of that certain real property commonly known as 40365 Winchester Road, Temecula, California, and identified as Riverside County Tax Assessor's Parcel Number 920-080-020 ("Grantor's Property"), described more particularly in Exhibit "1" attached hereto and incorporated herein by this reference. Grantor desires to grant to the City of Temecula, a municipal corporation that approximate 722 square foot Temporary Construction Easement with a term of six (6) months described below in connection with the Santa Gertrudis Creek Phase I1 Bike Trail Margarita Road Undercrossing PW19-04 ("Project"). FOR VALUABLE CONSIDERATION in the amount of Nine Hundred and 00/100 Dollars ($900.00), receipt of which is hereby acknowledged, the Grantor does hereby grant to the City pursuant to this Temporary Construction Easement Agreement ("TCE Agreement") that certain non-exclusive Temporary Construction Easement Agreement ("TCE") with a term of six (6) months on that certain approximate 722 square foot portion of Grantor's Property described more particularly in EXHIBIT "A" and depicted on EXHIBIT `B", which are attached hereto and incorporated herein by this reference ("TCE Area"). 1. Scope of TCE. Grantor's grant to the City the TCE is for the use of the TCE Area by City its contractors, agents, representatives, and employees and others deemed necessary by Grantee ("City Designees") to facilitate the construction of the Project. City and City Designees are authorized to use the TCE Area to facilitate the construction of the Project, including ingress and egress, to facilitate the movement of construction equipment for the construction of the reclaimed water line and related facilities that will be constructed as part of the Project in the 1 2877872v1 approximate 594 square foot permanent easement, that the City is acquiring directly adjacent to the TCE Area. 2. Term. The term of City's use of the TCE Area will commence thirty (30) calendar days from the date upon which City provides Grantor with written notice of City's intent to commence its use of the TCE Area ("Commencement Date"). The term of the TCE shall terminate on the earliest of (i) the date upon which City notifies Grantor that it no longer needs the TCE, (ii) six (6) months from the commencement date of the TCE ("Termination Date"). 3. Compensation. Grantee acknowledges receipt from City of compensation for City's use of the TCE area for the term set forth in Paragraph 2 above. 4. Option to Extend Terin. City has the option to extend the term of the TCE set forth in Paragraph 2 above by up to six (6) months, on a month -to -month basis, by providing Grantor 15 calendar days' notice before the Termination Date ("Extension Term"). During the Extension Term, City will pay to Grantor the sum of $144.00 per month for City's continued use of the TCE. The monthly compensation is based on compensation at $30.00 per square foot with a net annual return of 8.0 percent (722 square feet @ $30.00 = $21,660 land value @ 8.0 % annual return = $1,732.80 annual rent/12 months = $144.00 monthly rent (rounded)). If City uses the TCE Area for only a portion of a month during the Extension Term, the City will compensate Grantee for a full month of use. The City will pay the compensation for the Extension Term within thirty (30) calendar days of the date on which the City's use of the TCE terminates. 5. No Liens. In consideration for the use of the TCE, the City will keep the approximate 722 square foot TCE and Grantor's Property free of any liens, including without limitation, liens by contractors, subcontractors, or suppliers, engineers, architects, surveyors, or others that may have lien rights for work arising out of City's use of the TCE in connection with the construction of the Project. If any such lien is filed on the TCE Area or any portion of Grantor's Property in connection with City's use of the TCE for the Project, City will, at its sole cost and expense, have the lien released and discharged of record in a matter satisfactory to Grantor within 45 calendar days of receiving notice of the lien. If City fails to remove the lien within such 45-day period, Grantor will have the right to remove or bond over the lien, and City, upon demand, will reimburse Grantor for all reasonable costs and expenses, including without limitation reasonable attorneys' fees incurred by Grantor in connection with such removal or bond. 6. City's Obligations at End of Term. City agrees that as of the Termination Date of the TCE as defined in Paragraph 2 above or at the end of the Extension Term pursuant to Paragraph 3 above, whichever is later, City will leave the TCE Area in as close as possible to the condition in which said TCE Area existed at the Commencement Date, including removal of any equipment or material stored on the TCE Area in connection with the Project and replacement of any landscaping and irrigation located in the TCE Area that is damaged in connection with the City's use of the TCE Area for the Project with material of like kind and quality. Grantor expressly acknowledges, however, that the City has provided to Grantor compensation for the two mature trees that are impacted by the City's acquisition of the adjacent 594 square foot permanent ►. easement area and use of the 722 square foot TCE Area and such trees will not be replaced by the City as part of the Project. Further, upon the expiration of the term of the TCE under Paragraph 2 or Paragraph 3 above, City agrees to take such actions as reasonably necessary to evidence and give effect to the extinguishment of the TCE and the relinquishment of City's rights and interests in the TCE pursuant to this Grant of TCE. This includes, without limitation, the recording by City of such termination or extinguishment in the form and substance that is reasonably acceptable to Grantor and sufficient to remove this Grant of TCE as an encumbrance against title to Grantor's Property. 7. Warranties. City warrants that on the completion of its use of the TCE, and following removal of any construction equipment and material, and cleanup required by Paragraph 6 above, it shall cause its contractor to leave the TCE Area in a neat manner conforming to the natural appearance of the TCE Area prior to City's use of the TCE Area. 8. Insurance. Prior to entry upon the TCE Area, City will cause its contractor for the Project to procure and maintain a policy of general commercial liability insurance naming Grantor as additional named insured covering any and all claims, demands, and causes of action against Grantor arising out of or pertaining to the use of the TCE by or activities of City's contractor pursuant to this TCE Agreement. Such insurance will be maintained in force during the term of the T C E . The contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the contractor, its agents, representatives, employees or subcontractors. a. Minimum Scope of Insurance: Coverage shall be at least as broad as: General Liability Form No. CG 00 01 11 85 or 88. Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the contractor owns no automobiles, a non - owned auto endorsement to the General Liability policy described above is acceptable. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the contractor has no employees while performing under this contract, worker's compensation insurance is not required, but contractor shall execute a declaration that it has no employees. Minimum Limits of Insurance: The contractor shall maintain limits no less than: (1) General Liability: Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project/location or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: One Million Dollars ($1,000,000) per accident for bodily injury and property damage. 3 2877s72v1 Worker's Compensation: As required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. Deductibles and Self -Insured Retentions: Any deductibles or self- insurance retentions shall not exceed Twenty -Five Thousand Dollars ($25,000). Other Insurance Provisions: The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers are to be covered as insureds as respect to liability arising out of activities performed by or on behalf of the contractor; products and completed operations of the contractor; premises owned, occupied or used by the contractor; or automobiles owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents or volunteers. For any claims related to this Project, the contractor's insurance coverage shall be primary insurance as respect to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers shall be excess of the contractor's insurance and shall not contribute with it. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, agents and volunteers. The contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Each insurance policy required by this TCE Agreement shall be endorsed to state in substantial conformance to the following: if the policy will be cancelled before the expiration date the insurer will notify in writing to City of such cancellation not less than thirty (30) days prior to the cancellation effective date. If insurance coverage is cancelled or, reduced in coverage or in limits the contractor shall within two business days of notice from the insurer, phone, fax, and/or notify City via certified mail, return receipt requested of the changes to or cancellation of the policy. Course of construction policies shall contain the following provisions: (1) additional insured shall be named as loss payee, and (2) the insurer shall waive all rights of subrogation against entity. 4 2877872v1 Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-, VII or better, unless otherwise acceptable to City. Self- insurance shall not be considered to comply with these insurance requirements. Verification of Coverage: Contractor shall furnish City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by City. All endorsements are to be received and approved by the City before work commences. As an alternative to City's forms, the contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 9. Notices. All notices or other communications required or permitted between the Parties hereunder shall be in writing, and shall be (i) personally delivered, (ii) sent by United States registered or certified mail, postage prepaid, return -receipt requested, (iii) sent by facsimile transmission with confirmation of receipt, or (iv) sent by nationally recognized overnight courier service (e.g., Federal Express or United Parcel Service), addressed to the Party to whom the notice is given at the address(es) provided below, subject to the right of any Party to designate a different address for itself by notice similarly given. Any notice so given by registered or certified United States mail shall be deemed to have been given on the third business day after the same is deposited in the United States mail. Any notice not so given by registered or certified mail, such as notices delivered by personal delivery, facsimile transmission or courier service, shall be deemed given upon receipt, rejection or refusal of the same by the Party to whom the notice is given. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice or other communication sent. To Grantee: City of Temecula 41000 Main Street Temecula, California 92590 Attention: Aaron Adams, City Manager With a copy to: Richards, Watson & Gershon Attention: Peter M. Thorson, City Attorney 350 S. Grand Avenue, 37th floor Los Angeles, California 90071 To Grantor: Longs Drug Stores California, L.L.C. c/o CVS Health One CVS Drive, MC 1150 Attn: Property Administration (CVS #9550) 2877872v1 10. Permits. The City shall be responsible for securing and maintaining all necessary permits and approvals from other appropriate local, state and federal agencies for its use of the TCE Area, and the City shall comply with all applicable laws and regulations concerning its use of the TCE Area. 11. The followingshall hall apply to Grantee's exercise of its rights to use the TCE Area: (a) Grantee will not construct or maintain any walls, fences, barriers, buildings or structures of any nature on the TCE Area or any portion thereof. In no event shall Grantee or any of its employees, agents, representatives, contractors, subcontractors, consultants or invitees, bring or store any hazardous materials, construction debris or any other materials on the TCE Area or any portion thereof. (b) Grantor and its respective successors, assigns, employees, contractors, subcontractors, and invitees, shall have the right to make any use of the TCE Area, whether on, above or below its surface, for any lawful purpose, except that any structure or use shall not interfere in any manner with Grantee's exercise of its temporary easement rights hereunder. (c) Grantee shall, at its sole cost and expense, restore any portion of the TCE Area that is disturbed or altered in connection with the construction work as set forth in Paragraph 6 herein. (d) Grantee shall provide Grantor with not less than five (5) business days' prior written notice of the commencement of the work at the address set forth in Paragraph 9 herein. (e) In performing the work within the TCE Area, Grantee shall coordinate construction in a manner that will not (i) cause any disruption to the business operations being conducted by Grantor on Grantor's Property; (ii) cause interference with vehicular and pedestrian ingress, egress and access to and from Grantor's Property and/or with the use of any drive -through facilities located on Grantor's Property; (iii) cause interference with truck access and/or deliveries to Grantor's Property; or (iv) cause interruption of any utilities which service Grantor's Property. Grantee further agrees that it shall not park equipment, vehicles or trucks on Grantor's Property or within the TCE Area. (f) Grantee acknowledges and agrees that Grantee and its employees, agents, contractors, subcontractors, engineers, representatives, consultants or any other party for whom Grantee is responsible will exercise its rights under this easement at Grantee's risk. Grantor shall not assume any risk, liability, responsibility or duty of care as to Grantee, its employees, agents, contractors, subcontractors, engineers, representatives, consultants or any other party for whom Grantee is responsible hereunder. 12. Indemnification. The City will, and will cause its contractor for the Project to, indemnify, defend and hold Grantor harmless from any and all liability for loss, damages, costs, expenses, demands, causes of action, claims or judgments, arising from or arising out of or in any way connected with the entry, access and use of the TCE by said contractor and its designees in connection with the exercise of the rights of the contractor and its designees under this Grant 6 28778720 of TCE or any breach of the City's or the City's contractor's obligations under this Grant of TCE, and will reimburse Grantor for all reasonable costs, expenses and losses, including reasonable attorneys' fees, incurred by Grantor in consequence of any claims, demands and causes of action that may be made or brought against Grantor arising out of the entry on and use of the area comprising the TCE by said contractor and/or its designees in connection with the Project or any breach of the City's or its contractor's obligations under this Grant of TCE. 13. Amendments. This TCE Agreement may only be amended by a writing executed by both Grantor and the City and recorded in the Official Records of the County Riverside. 14. Except as may otherwise be required in an emergency or to otherwise protect public health, safety, and property, Grantor shall not, nor shall Grantor permit others to, erect, place, or maintain any improvement, or undertake any other activity, which may interfere with the City's rights pursuant to this Grant of TCE. 15. Governing Law; Venue. This TCE Agreement shall be construed in accordance with the laws of the State of California. Any and all legal actions brought to enforce or interpret the terms and provisions of this TCE Agreement shall be commenced exclusively in a court of competent jurisdiction in the County of Riverside. 16. Successors and Assigns. This TCE Agreement will be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties hereto. 17. Severability. If any part, term or provision of this Grant of TCE is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if this TCE Agreement did not contain the particular part, term, or provision held to be invalid. 18. Acceptance of Terms of TCE Agreement. By executing the Certificate of Acceptance, Grantee accepts the above terms and conditions of the Grant of TCE. [Signatures on Next Page] 7 2877872v1 IN WITNESS WHEREOF Grantor has executed this Temporary Construction Easement Agreement on the day and year written below and has agreed to be bound by the terms and provisions hereof. Dated: Dated: October, _, 2023 2023 GRANTEE CITY OF TEMECULA, a municipal corporation M. Aaron Adams, City Manager ATTEST: By: Randi Johl, JD, MMC City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney GRANTOR Longs Drug Stores California, L.L.C., a California limited liability company A .. Titk: 4 s' , . I ye( Pe-t CVS Legal Approval: 1. 8 2877872vl 'Per) I iene1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On , before (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this s attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On , before (insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) STATE OF RHODE ISLAND COUNTY OF PROVIDENCE In Woonsocket, on the I 6�'day of October, 2023, before me personally appeared Cheryl A. Green, Assistant Secretary of Longs Drug Stores California, L.L.C., to me known and known by me to be the parry executing the foregoing instrument, and she acknowledged said instrument, by her executed, to be her free act and deed and the free act and deed of Longs Drug Stores California, L.L.C. NotPublic: M ission Expires: Lynn E. Chenel �� N N E, c Notary Public State of Rhode Island ,o �Tq ��, My Commission Expires: icy -S A D� 00 ,� F�SCAND EXHIBIT "V Legal Description of Grantor's Property EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL & PARCEL 2 AS SHOWN BY PARCEL MAP NO. 30060, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN HOOK 200, PAGES 73 AND 74 OF PARCEL MAPS, RECORDS OF RIVERSIDE: COUNTY, CALIFORNIA, APN: 920-OSM20 Exhibit "A" Legal Description of Temporary Construction Easement [See Attached] SHEET 10F 1 EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF PARCEL 2, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP 30060, ON FILE IN BOOK 200, PAGES 73 THROUGH 74, OF PARCEL MAPS, OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF SAID PARCEL 2, SAID CORNER ALSO BEING THE INTERSECTION OF THE SOUTHEASTERLY LINE OF THE SANTA GERTRUDES FLOOD CONTROL CHANNEL WITH THE EASTERLY RIGHT OF WAY OF MARGARITA ROAD (55.00 FOOT HALF WIDTH) AS SHOWN ON SAID PARCEL MAP, SAID EASTERLY RIGHT OF WAY BEING A CURVE, CONCAVE EASTERLY HAVING A RADIUS OF 1,145.00 FEET; THENCE SOUTHERLY ALONG SAID EASTERLY RIGHT OF WAY CURVE THROUGH A CENTRAL ANGLE OF 01°16'34", AN ARC DISTANCE OF 25.50' TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY RIGHT OF WAY NORTH 38°53'21" EAST, 33.58 FEET; THENCE NORTH 50°53'28" EAST, 24.83 FEET TO THE PROLONGATION OF A RADIAL LINE OF THE 50.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY ON SAID SOUTHEASTERLY LINE OF THE SANTA GERTRUDES FLOOD CHANNEL BEARING SOUTH 57°35'17" EAST; THENCE ALONG THE PROLONGATION OF SAID RADIAL LINE SOUTH 57°35'17" EAST, 8.74 FEET TO THE SOUTHEASTERLY LINE OF THE RANCHO COUNTY WATER DISTRICT EASEMENT, RECORDED AUGUST 29, 1994 AS INSTRUMENT NUMBER 334604, OFFICIAL RECORDS OF SAID COUNTY, AND THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE NORTHWESTERLY HAVING A RADIUS OF 70.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS SOUTH 57°35'17" EAST; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY EASEMENT LINE AND CURVE THROUGH A CENTRAL ANGLE OF 10°58'16", AN ARC DISTANCE OF 13.40 FEET; THENCE CONTINUING ALONG SAID SOUTHEASTERLY EASEMENT LINE SOUTH 43°23'00" WEST, 54.15 FEET TO THE EASTERLY RIGHT OF WAY OF MARGARITA ROAD (55.00 FOOT HALF WIDTH) AND THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE EASTERLY HAVING A RADIUS OF 1,145.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS SOUTH 79°26'14" WEST; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY THROUGH A CENTRAL ANGLE OF 00°39'04", AN ARC DISTANCE OF 13.01 FEETTO THE TRUE POINT OF BEGINNING. SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, RIGHTS, AND EASEMENTS OF RECORD IF ANY. CONTAINING: 722 SQUARE FEET OR 0.017 ACRES, MORE OR LESS AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PREPARED BY ME OR UNDER MY SUPERVISION: ROBERT VASQUEZ , L.S. 7300 06-08-2023 DATE LA Exp.12-31-2024 No. 7300 Exhibit "B" Depiction of Temporary Construction Easement [See Attached] EXHIBIT "B° EXISTING RIGHT OF WAY D V, I 6? 1� 1 ;° A 1 �0 � 'v a tAl7 1 INU ULN I LKLINt Ir 1~I N ---- 55 - ---- n i 1 � 1 1 0 1 POINT OF COMMENCEMENT MOST LY CORNER PARCEL 2 PM 30060 ` 1 S81°21'52_W _ _ - �Rp,DfALi C VIMIIUMMEL BASIS OF BEARINGS N13°32'58"E , Z NI3-33'24"L PER P.M.B. 2W / /3-/4 S80°05'18"W (RADIAL) —� 1 TRUE POINT 1 OF BEGINNING r 100 1 � g p A 579e26114„W 1 — � DIA—Q 1 20 10 0 20 40 17782 17th Street Suite 200 Tustin California 92780-1947 Phone: 760.665.4500 qpCDAV110 EVANS ANDASSOCiATES 1NO- lRtip6 2;"D2 AL R�Sp} M r h1 S57°35'17"E (RADIAL) v h+ t S57°35'17"E 8.74' &=10'58-17" r�\?a R=70.00' Di o� L=13.40' PARCEL 2 PA, RCcl FELL /n,NAF Soo uo a P111'L 90 EINDICATES EASEMENT AREA (722 S.F.±) (A)- RCWD EASEMENT REC. 8/29/1994 AS INST. NO. 334604 O.R. Rancho California Water District City of Temecula County of Riverside State of California Job Number: I Date: 06-08-2023 1 Scale: 1 "=20' Sheet 1 of 1 Sheet ATTACHMENT 643" ! lII _ �( ► EX 20' PERMANENT � PROP. 20%/ RECYC D � i ,�� � � RCWD EASEMENT WATER LI E /RELOCATI I , I I PROP. TCE / (722 SF) i c / EX. R/W CITY OF TEMECUL A V • / EXHIBIT B - Page 3 Item No. 9 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Michael Heslin, Director of Information Technology/Support Services DATE: November 28, 2023 SUBJECT: Approve Agreements with Hewlett-Packard Financial Services Company for Technology Infrastructure and DataBank Holdings Ltd. for Disaster Recovery Colocation Services RECOMMENDATION: That the City Council: 1. Approve a five-year Master Lease Purchase Agreement with Hewlett-Packard Financial Services Company for equipment and services for technology infrastructure for an annual amount of $489,040.12 and a total agreement amount of $2,445,200.60 including tax; and 2. Approve a Master Services Agreement with DataBank Holdings Ltd. for disaster recovery colocation services, the cost of which is included in the lease amount. 3. Approve contingency in the amount of $244,520 which is equal to 10% of the agreement amount, for a total agreement amount of $2,689,720.60. BACKGROUND: The City of Temecula installed our existing technology infrastructure in 2016. This infrastructure is the core component of all City IT systems. It supports over 150 servers, 30 enterprise applications, dozens of databases, and over 100 virtual desktops. This equipment has aged beyond its lifecycle date and is approaching the manufacturer's end of support. In the years since the current infrastructure was installed, the City has grown increasing more reliant on technology to support City operations. Enterprise applications run many of the day-to- day operations throughout the organization. Given the critical nature of this infrastructure, this project will replace the aging infrastructure as well as establish a remote data center for offsite Disaster Recovery. The project will greatly improve the reliability of the City's systems and increase their resilience in the event of disaster or down time. On October 12, 2022, the City released a Request for Proposal (RFP) titled Data Center Refresh (Infrastructure and Disaster Recovery) for the replacement of the existing infrastructure and the establishment of offsite disaster recovery. A total of two responsive proposals were received and reviewed. Helixstorm, Inc., a local vendor with top IT certifications, submitted the preferred proposal in the amount of $2,445,200.60. The equipment and professional services will be leased through HP Financial Services on a five-year term. Helixstorm, Inc. is an authorized partner with HP Enterprise and certified to sell, install, configure, and support its products. FISCAL IMPACT: Adequate funds were budgeted in the fiscal year 2023-24 annual operating budget. Funding for subsequent years will be subject to City Council budget approval. ATTACHMENT: 1. Hewlett-Packard Financial Services Company — State and Local Government Master Lease Purchase Agreement and Schedule 2. Incumbency Certificate 3. DataBank Holdings Ltd. - Master Services Agreement 4. Helixstorm, Inc. - Quote Master Agreement Number 100060845511072023 Lessee's Organization Number Lessee's Tax Identification Number Lessee's UCC Section 9-307 Location STATE AND LOCAL GOVERNMENT MASTER LEASE PURCHASE AGREEMENT This State and Local Government Master Lease Purchase Agreement (together with Exhibits A and B attached hereto and hereby made a part hereof, (this "Master Agreement"), dated as of November 7, 2023, is entered into by and between Hewlett-Packard Financial Services Company,' a Delaware corporation ("Lessor"), and City of Temecula, California, an agency, department or political subdivision of the State of California ("Lessee"). Capitalized terms used in this Master Agreement without definition have the meanings ascribed to them in Section 31. 1. PURPOSE OF MASTER AGREEMENT. The purpose of this Master Agreement is to set forth the general terms and conditions upon which Lessor shall lease to Lessee, and Lessee shall lease from Lessor, items of Hardware, Software or both (the "Equipment"). In connection with its execution of this Master Agreement, Lessee shall deliver to Lessor an Officer's Certificate in form and substance acceptable to Lessor, executed by a duly authorized officer of Lessee and certifying as to, among other things, Lessee's authority to enter into this Master Agreement, and the authority of Lessee's officers or representatives specified therein to execute this Master Agreement and an opinion of Lessee's counsel in form and content satisfactory to Lessor. 2. COMMENCEMENT PROCEDURES. Subject to the other terms and conditions contained in this Master Agreement and the applicable Schedule, Lessee shall enter into individual Leases (hereinafter defined) with Lessor as follows: (a) Execution of Schedule. Lessor and Lessee mutually agree to enter into a Lease by executing a Schedule in the form of Exhibit A with such changes as Lessor and Lessee shall have agreed to as conclusively evidenced by their execution thereof. Each such Schedule shall specifically identify (by serial number or other identifying characteristics) the items of Equipment to be leased under such Schedule. Each Schedule, when executed by both Lessee and Lessor, together with this Master Agreement, shall constitute a separate and distinct lease ("Lease"), enforceable according to its terms. In the event of any conflict between the terms of this Master Agreement and such Schedule, the provisions of the Schedule shall govern. (b) Acceptance; Term of Leases. Lessee shall accept the Equipment subject to a Lease in accordance with Section 3. The Term of each Lease shall begin on the Acceptance Date of the Equipment subject to such Lease and shall continue for the period described in the applicable Schedule unless a Non -appropriation shall have occurred. (c) Adjustments to Schedule. Lessee acknowledges that the Total Cost of Equipment and the related Rent payments set forth in any Schedule may be estimates, and if the final invoice from the Seller attached to the related Acceptance Certificate(s) specifies a Total Cost that is less than the estimated Total Cost set forth in the Schedule, Lessee hereby authorizes Lessor to reduce the applicable Total Cost and Rent payment on the Schedule by up to ten percent (10%) to reflect such final invoice amount (the "Final Invoice Amount"). All references in this Master Agreement and any Schedule to Total Cost and Rent shall mean the amounts thereof specified in the applicable Schedule, as adjusted pursuant to this paragraph. (d) Payment by Lessor. Within 30 days after Lessee's delivery to Lessor of a properly completed and executed Acceptance Certificate and all other documentation necessary to establish Lessee's acceptance of such Equipment under the related Lease and Lessor's acceptanceof such Acceptance Certificate, Lessor shall pay for the Equipment. Lessor shall not accept the Acceptance Certificate until it has received from Lessee (1) evidence of insurance with respect to the Equipment in compliance with Section 14 hereof, (2) a completed and executed original Form 8038-G or 8038-GC, as applicable, or evidence of filing thereof with the Internal Revenue Service in the manner required by Code Section 149(e), (3) an opinion of Lessee's counsel, if required by Lessor, in form and substance reasonably satisfactory to Lessor and (4) any other documents or items reasonably required by Lessor. Notwithstanding the foregoing, Lessor shall not be obligated to pay for the Equipment if a Lessee Default has occurred or an event has occurred and is continuing that with the passage of time or provision of notice would constitute a Lessee Default. Lessor and Lessee acknowledge that the date the Lessor pays for the Equipment shall be the issue date of the obligation for federal income tax purposes in accordance with the Code and no Rent shall accrue prior to such date. 3. ACCEPTANCE OF EQUIPMENT. (a) Inspection of Equipment. Lessee agrees to inspect all Equipment as soon as reasonably practicable after the delivery thereof to Lessee. (b) Acceptance Certificate. Upon the satisfactory inspection of the Equipment by Lessee, or if acceptance requirements for such Equipment are specified in the applicable Purchase Documents, as soon as such requirements are met, Lessee shall unconditionally and irrevocably accept the Equipment by executing and delivering to Lessor a properly completed Acceptance Certificate in substantially the form of Exhibit B. 4. RENT; LATE CHARGES. As rent ("Rent") for the Equipment under any Lease, Lessee agrees to pay the amounts specified in the applicable Schedule on the due dates specified in the applicable Schedule. Lessee agrees to pay Lessor interest on any Rent payment or other amount due hereunder that is not paid within 10 days of its due date, at the rate of 1 % per month (or such lesser rate as is the maximum rate allowable under applicable law). Lessee will make provision for such payments in budgets submitted to its governing body for the purpose of obtaining funding for the payments. 5. TRANSFER OF EQUIPMENT ON EXPIRATION OF LEASE TERM. If Lessee has paid all Rent and all other amounts due under the Lease and has satisfied all other terms and conditions of the Lease, the Lease shall terminate and, except as provided in Section 28, 1 Authorized to do business in the name of Hewlett-Packard Financial Services Company, Inc. in the states of Alabama and New York. 1of13 Lessee shall be relieved of all of its obligations in favor of Lessor with respect to the Equipment and Lessor shall transfer all of its interest in such Equipment to Lessee "AS IS, WHERE IS," without any warranty, express or implied, from Lessor, other than the absence of any liens or claims by or through Lessor. 6. LEASES NON -CANCELABLE; NET LEASES; WAIVER OF DEFENSES TO PAYMENT. IT IS SPECIFICALLY UNDERSTOOD AND AGREED THAT EACH LEASE HEREUNDER SHALL BE NON -CANCELABLE (EXCEPT AS SET FORTH IN SECTION 7 HEREOF), AND THAT EACH LEASE HEREUNDER IS A NET LEASE SO THAT AMONG OTHER THINGS LESSEE SHALL PAY IN ADDITION TO THE RENT, TAXES, INSURANCE AND MAINTENANCE CHARGES RELATED TO THE EQUIPMENT. LESSEE AGREES THAT IT HAS AN ABSOLUTE AND UNCONDITIONAL OBLIGATION TO PAY ALL RENT AND OTHER AMOUNTS WHEN DUE. LESSEE HEREBY WAIVES ANY RECOUPMENT, CROSS -CLAIM, COUNTERCLAIM OR ANY OTHER DEFENSE AT LAW OR IN EQUITY TO ANY RENT OR OTHER AMOUNT DUE WITH RESPECT TO ANY LEASE, WHETHER ANY SUCH DEFENSE ARISES OUT OF THIS MASTER AGREEMENT, ANY SCHEDULE, ANY CLAIM BY LESSEE AGAINST LESSOR, LESSOR'S ASSIGNEES OR SUPPLIER OR OTHERWISE. IF THE EQUIPMENT IS NOT PROPERLY INSTALLED, DOES NOT OPERATE OR INTEGRATE AS REPRESENTED OR WARRANTED BY SUPPLIER OR IS UNSATISFACTORY FOR ANY REASON WHATSOEVER, LESSEE WILL MAKE ANY CLAIM ON ACCOUNT OF THOSE ISSUES SOLELY AGAINST SUPPLIER AND WILL NEVERTHELESS PAY ALL SUMS DUE WITH RESPECT TO EACH LEASE. 7. NONAPPROPRIATION. Notwithstanding anything contained in this Master Agreement to the contrary, in the event that sufficient funds are not appropriated and budgeted by Lessee's governing body or are not otherwise available from other legally available sources in any fiscal period for the payment of Rent and other amounts due under any Lease, the Lease shall terminate on the last day of the fiscal period for which appropriations were received or other amounts are available to pay amounts due under the Lease without penalty or expense to Lessee of any kind whatsoever, except as to the portions of Rent payments or other amounts herein agreed upon for which funds shall have been appropriated or are otherwise available. Lessee will immediately notify the Lessor or its assignee of such occurrence. In the event of such termination, Lessee shall immediately cease all use of the Equipment, and shall, at its sole expense and risk, immediately de -install, disassemble, pack, crate, insure, and return the Equipment subject to such Lease to Lessor (all in accordance with Section 10 of this Master Agreement). Such Equipment shall be in the same condition as when received by Lessee (reasonable wear, tear and depreciation resulting from normal and proper use excepted), shall be in good operating order and maintenance as required by this Lease, shall be free and clear of any liens (except Lessor's lien) and shall comply with all applicable laws and regulations. Lessee agrees to execute and deliver to Lessor all documents reasonably requested by Lessor or evidence the transfer of legal and beneficial title to such Equipment to Lessor and to evidence the termination of Lessee's interest in such Equipment. Lessor will have all legal and equitable rights and remedies to take possession of the Equipment. At Lessor's request, Lessee shall promptly provide supplemental documentation as to such Non -Appropriation satisfactory to Lessor'. Lessee's exercise of its rights pursuant to this Section 7 shall not affect the survival of any indemnity and other provisions (other than the obligation to lease the Equipment and pay amounts due under the Lease) which survive the termination of the Lease. 8. ASSIGNMENT OF PURCHASE DOCUMENTS. Lessee assigns to Lessor all of Lessee's right, title and interest in and to (a) the Equipment described in eacl-i Schedule, and (b) the Purchase Documents relating to such Equipment. Such assignment of the Purchase Documents is an assignment of rights only; nothing in this Master Agreement shall be deemed to have relieved Lessee of any obligation or liability under any of the Purchase Documents, except that, as between Lessee and Lessor, Lessor shall pay for the Equipment in accordance with Section 2(d) hereof. Lessee represents and warrants that it has reviewed and approved the Purchase Documents. In addition, if Lessor shall so request, Lessee shall deliver to Lessor a document acceptable to Lessor whereby Seller acknowledges and provides any required consent to such assignment. For the avoidance of doubt, Lessee covenants and agrees that it shall at all times during the Term of each Lease comply in all respects with the terms of any License Agreement relating to any Equipment leased thereunder. IT IS ALSO SPECIFICALLY UNDERSTOOD AND AGREED THAT NEITHER SUPPLIER NOR ANY SALESPERSON OF SUPPLIER IS AN AGENT OF LESSOR, NOR ARE THEY AUTHORIZED TO WAIVE OR ALTER ANY TERMS OF THIS MASTER AGREEMENT OR ANY SCHEDULE. 9. ASSIGNMENT OF SUPPLIER WARRANTIES. To the extent permitted, Lessor hereby assigns to Lessee all Equipment warranties provided by any Supplier in the applicable Purchase Documents. Lessee shall have the right to take any action it deems appropriate to enforce such warranties provided such enforcement is pursued in Lessee's name and at its expense. In the event Lessee is precluded from enforcing any such warranty in its name and to the extent Lessor retains title to the Equipment, Lessor shall, upon Lessee's request, take reasonable steps to enforce such warranty. In such circumstances, Lessee shall, promptly upon demand, reimburse Lessor for all expenses incurred by Lessor in enforcing the Supplier warranty. Any recovery resulting from any such enforcement efforts shall be divided between Lessor and Lessee as their interests may appear. 10. EQUIPMENT RETURN REQUIREMENTS. At any time Lessee is required to return Equipment to Lessor under the terms of this Master Agreement or any Schedule. Lessee shall (a) wipe clean or permanently delete all data contained on the Equipment, including without limitation, any data contained on internal or external drives, discs, or accompanying media, and (b) pack the Equipment to be returned to Lessor in accordance with the manufacturer's guidelines and deliver such Equipment to Lessor at any destination within the continental United States designated by Lessor. In the case of any item of Software or License Agreement subject to a Schedule, at the time of the occurrence of a Non -Appropriation or a Lessee Default, Lessee shall also be automatically deemed to have reassigned any License Agreement, and shall immediately de -instals and deliver to Lessor all Software, together with the original certificate of authenticity issued by the licensor of such Software, if any. All dismantling, packaging, transportation, in -transit insurance and shipping charges shall be borne by Lessee. All Equipment shall be returned to Lessor in the same condition and working order as when delivered to Lessee, reasonable wear and tear excepted, and except in the case of PC Equipment and Software, shall qualify for maintenance service by the Supplier at its then standard rates for Equipment of that age, if available. Lessee shall be responsible for, and shall reimburse Lessor promptly on demand for, the cost of returning the Equipment to good working condition or, in the case of Equipment other than PC Equipment and Software, qualifying the Equipment for the Supplier's maintenance service, if available. 2of13 11. EQUIPMENT USE, MAINTENANCE AND ADDITIONS. Lessee is solely responsible for the selection, installation, operation and maintenance of the Equipment and all costs related thereto, including shipping charges. Lessee shall at all times operate and maintain the Equipment in good working order, repair, condition and appearance, and in accordance with the manufacturer's specifications and recommendations. On reasonable prior notice to Lessee, Lessor and Lessor's agents shall have the right, during Lessee's normal business hours and subject to Lessee's reasonable, standard security procedures, to enter the premises where the Equipment is located for the purpose of inspecting the Equipment and observing its use. Except in the case of PC Equipment and Software, Lessee shall, at its expense, enter into and maintain and enforce at all times during the Term of each Lease a maintenance agreement to service and maintain the related Equipment, upon terms and with a provider reasonably acceptable to Lessor. Lessee shall make no alterations or additions to the Equipment, except those that (a) will not void any warranty made by the Supplier of the Equipment, result in the creation of any security interest, lien or encumbrance on the Equipment or impair the value or use of the Equipment either at the time made or at the end of the Term of the applicable Lease, and are readily removable without damage to the Equipment ("Optional Additions")_ or (b) are required by any applicable law, regulation or order. All additions to the Equipment or repairs made to the Equipment, except Optional Additions, become a part of the Equipment and Lessor's property at the time made; Optional Additions which have not been removed in the event of the return of the Equipment shall become Lessor's property upon such return. 12. EQUIPMENT OWNERSHIP; LIENS; LOCATION. Upon acceptance of the Equipment by Lessee hereunder, title to the Equipment will vest in Lessee; provided, however, that (i) in the event of termination of this Lease by Lessee pursuant to Section 7 hereof, or (ii) upon the occurrence of a Lessee Default as defined In Section 22 hereof, and as long as such Lessee Default is continuing, title to the Equipment (including Substitute Equipment) will immediately vest in Lessor or its assignee. Lessee covenants with respect to each Lease that: (i) it will not pledge or encumber the Equipment or Lessor's interest in the Equipment in any manner whatsoever nor create or permit to exist any levy, lien or encumbrance thereof or thereon except those created by or through Lessor; (ii) the Equipment shall remain personal property whether or not affixed to realty and shall not become a fixture or be made to become a part of any real property on which it is placed without Lessor's prior written consent; and (iii) Lessee shall maintain the Equipment so that it does not become essential to and may be removed from any building in which it is placed without any damage to the building or the Equipment. Provided Lessee remains in possession and control of the Equipment, Lessee may relocate any Equipment from the Equipment Location specified in the applicable Schedule to another of its locations within the State of the Equipment Location upon prior written notice to Lessor specifying the new Equipment Location or to another of its locations within the United States after receiving the written consent of Lessor to such relocation. Lessee shall not locate or relocate any Equipment such that any third party comes into possession or control thereof without Lessor's prior written consent; provided, however, that Lessor shall not unreasonably withhold its consent to the location or relocation of Equipment to a third party co -location or hosting facility if such third party shall have executed and delivered to Lessor a waiver agreement in form and substance acceptable to Lessor pursuant to which, among other things, such third party shall have waived any rights to the Equipment and agreed to surrender the Equipment to Lessor in the event of a Lessee Default under this Master Agreement. Notwithstanding the foregoing, Lessor agrees that computer equipment usable outside of a fixed office environment, such as laptops, notebooks or similar PC Equipment (collectively, "Mobile PC Equipment") may be relocated on a non -permanent basis from the Equipment Location originally specified in the applicable Schedule without Lessors prior written consent, provided that (i) such relocation is made by Lessee's primary employee In the custody and control of such Mobile PC Equipment; (ii) the primary employee remains In possession and control of the Mobile PC Equipment, and (iii) the primary employee's principal office is the Equipment Location. For purposes of this Master Agreement and any applicable Schedule, the term Equipment shall be deemed to include all Mobile PC Equipment. 13. SECURITY INTEREST; MAXIMUM RATE. In order to secure all of its obligations hereunder, Lessee hereby, to the extent permitted by law and to secure payment and performance of Lessee's obligations under this Master Agreement and all Leases, grants Lessor a purchase money security interest in the related Equipment and in all attachments, accessories, additions, substitutions, products, replacements, rentals and proceeds (including, without limitation, insurance proceeds) thereto as well as a security interest in any other Equipment financed pursuant to this Master Agreement or any other agreement between Lessor and Lessee (collectively, the "Collateral"). In any such event, notwithstanding any provisions contained in this Master Agreement or in any Schedule, neither Lessor nor any Assignee shall be entitled to receive, collect or apply as interest any amount in excess of the maximum rate or amount permitted by applicable law. In the event Lessor or any Assignee ever receives, collects or applies as interest any amount in excess of the maximum amount permitted by applicable law, such excess amount shall be applied to the unpaid principal balance and any remaining excess shall be refunded to Lessee. In determining whether the interest paid or payable under any specific contingency exceeds the maximum rate or amount permitted by applicable law, Lessor and Lessee shall, to the maximum extent permitted under applicable law, characterize any non -principal payment as an expense or fee rather than as interest, exclude voluntary prepayments and the effect thereof, and spread the total amount of interest over the entire term of this Master Agreement and all Leases. Lessee agrees that Lessor may file this Lease as a financing statement evidencing such security interest or any other financing statement deemed necessary by Lessor and agrees to execute and deliver all certificates of title and other instruments necessary or appropriate to evidence such security interest. 14. RISK OF LOSS AND INSURANCE. Lessee assumes any and all risk of loss or damage to the Equipment from the time such Equipment is delivered to Lessee until such Equipment is returned to and is received by Lessor in accordance with the terms and conditions of this Master Agreement. Lessee agrees to keep the Equipment insured at Lessee's expense against all risks of loss from any cause whatsoever, including without limitation, loss by fire (including extended coverage), theft and damage. Lessee agrees that such insurance shall name Lessor as a loss payee and cover not less than the replacement value of the Equipment. Lessee also agrees that it shall carry commercial general liability insurance in an amount not less than $2,000,000 total liability per occurrence and cause Lessor and its affiliates and its and their successors and assigns, to be named additional insureds under such insurance. Each policy shall provide that the insurance cannot be canceled without at least 30 days' prior written notice to Lessor, and no policy shall contain a deductible in excess of $25,000. Upon Lessor's prior written consent, in lieu of maintaining insurance obtained by third party insurance carriers, Lessee may self insure against such risks, provided that Lessor's interests are protected to the same extent as if the insurance had been obtained by third party insurance carriers and provided further that such self insurance program is consistent with prudent business practices with respect with such insurance risk. Lessee shall provide to Lessor (a) on or prior to the Acceptance Date for each Lease, and from time to time thereafter, certificates of insurance evidencing such insurance coverage throughout the Term of each Lease, and (b) upon Lessor's request, copies of the insurance policies. If Lessee fails to provide Lessor with such evidence, then Lessor will 3of13 have the right, but not the obligation, to purchase such insurance protecting Lessor at Lessee's expense. Lessee's expense shall include the full premium paid for such insurance and any customary charges, costs or fees of Lessor. Lessee agrees to pay such amounts in substantially equal installments allocated to each Rent payment (plus interest on such amounts at the rate of 1-1/2% per month or such lesser rate as is the maximum rate allowable under applicable law). 15. CASUALTY LOSS. Lessee shall notify Lessor of any Casualty Loss or repairable damage to any Equipment as soon as reasonably practicable after the date of any such occurrence but in no event later than 30 days after such occurrence. In the event any Casualty Loss shall occur, on the next Rent payment date Lessee shall (a) at Lessee's option provided no Lessee Default has occurred nor an event that with the passage of time or provision of notice would constitute a Lessee Default has occurred and is continuing or (b) at Lessor's option if a Lessee Default has occurred or an event that with the passage of time or provision of notice would constitute a Lessee Default has occurred and is continuing, (1) subject to Section 7 hereof, pay Lessor, solely from legally available funds, the Stipulated Loss Value of the Equipment suffering the Casualty Loss, or (2) substitute and replace each item of Equipment suffering the Casualty Loss with an item of Substitute Equipment. If Lessee shall pay the Stipulated Loss Value of the Equipment suffering a Casualty Loss, upon Lessor's receipt in full of such payment the applicable Lease shall terminate as it relates to such Equipment and, except as provided in Section 28, Lessee shall be relieved of all obligations under the applicable Lease as it relates to such Equipment. If Lessee shall replace Equipment suffering a Casualty Loss with items of Substitute Equipment the applicable Lease shall continue in full force and effectwithout any abatement of Rent with such Substitute Equipment thereafter being deemed to be Equipment leased thereunder. Upon Lessor's receipt of such payment of Stipulated Loss Value in full or replacement of the Equipment suffering the Casualty Loss with Substitute Equipment, Lessor shall transfer to Lessee all of Lessor's interest in the Equipment suffering the Casualty Loss "AS IS, WHERE IS," without any warranty, express or implied, from Lessor, other than the absence of any liens or claims by or through Lessor. In the event of any repairable damage to any Equipment, the Lease shall continue with respect to such Equipment without any abatement of Rent and Lessee shall, at its expense, from insurance proceeds or other funds legally available, promptly cause such Equipment to be repaired to the condition it is required to be maintained pursuant to Section 11. 16. TAXES. Lessor shall report and pay all Taxes now or hereafter imposed or assessed by any governmental body, agency or taxing authority upon the purchase, ownership, delivery, installation, leasing, rental, use or sale of the Equipment, the Rent or other charges payable hereunder, or otherwise upon or in connection with any Lease, whether assessed on Lessor or Lessee, other than any such Taxes required by law to be reported and paid by Lessee. Lessee shall promptly reimburse Lessor for all such Taxes paid by Lessor, together with any penalties or interest in connection therewith attributable to Lessee's acts or failure to act, excluding (a) Taxes on or measured by the overall gross or net income or items of tax preference of Lessor, (b) as to any Lease the related Equipment, Taxes attributable to the period after the return of such Equipment to Lessor, and (c) Taxes imposed as a result of a sale or other transfer by Lessor of any portions of its interest in any Lease or in any Equipment except for a sale or other transfer to Lessee or a sale or other transfer occurring after and during the continuance of any Lessee Default. 17. GENERAL INDEMNITY. Lessee, to the extent permitted by law, shall indemnify and hold harmless Lessor and assignees, from and against any and all Claims arising out of or in connection with any matter involving this Master Agreement, the Equipment or any Lease, including but not limited to the selection, manufacture, purchase, acceptance, rejection, ownership, delivery, lease, possession, maintenance, use (including any patent, trademark or copyright infringement), condition, return or operation of any Equipment or the enforcement of Lessor's rights under any Lease. Notwithstanding the foregoing, Lessee shall have no obligation to indemnify or defend against any Claim arising solely as a result of Lessor's gross negligence or willful misconduct. 18. TAX REPRESENTATIONS AND COVENANTS AND TAX PAYMENTS. (a) Lessee represents, covenants and warrants that: (i) Lessee is a political subdivision or agency or department of the State in which it is located; (ii) a portion of the Rent is interest based on the total Equipment cost as shown on a Schedule and such interest portion of the Rent shall be excluded from Lessor's gross income pursuant to Section 103 of the Code; (iii) Lessee will comply with the information reporting requirements of Section 149(e) of the Code, and such compliance shall include but not be limited to the execution of information statements requested by Lessor; (iv) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, the Lease to be an arbitrage bond within the meaning of Section 148(a) of the Code; (v) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, this Lease to be a private activity bond within the meaning of Section 141(a) of the Cade; (vi) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, the interest portion of the Rent payments to be or become includable in gross income for federal income taxation purposes under the Code; (vii) Lessee will be the only entity to own, use and operate the Equipment during the Lease Term; (viii) Lessee has not failed to appropriate funds for payment of any amount due pursuant to a lease purchase agreement, a conditional sales agreement or any similar type of obligation within the past 10 years; and (ix) within the past 10 years, Lessee is not and has not been in default under any bond, note, lease purchase agreement or other type of financial obligation to which it has been a party for which Lessee is obligated to make lease payments. (b) This Master Agreement has been entered into on the basis that Lessor or any Assignee of Lessor shall claim that the interest paid hereunder is exempt from federal income tax under Section 103(a) of the Code. Upon a breach by Lessee of any of its representations, warranties and covenants in Section 18(a) above and as a result thereof, the United States Government disallows, eliminates, reduces, recaptures, or disqualifies, in whole or in part, any benefits of such exemption, Lessee shall then pay to Lessor (but solely from funds legally available therefor), at Lessor's election, either: (i) supplemental payment(s) to Lessor during the remaining period of the Term(s) in an amount necessary to permit Lessor to receive (on an after tax basis over the full term of the Master Agreement) the same rate of return that Lessor would have realized had there not been a loss or disallowance of such benefits, together with the amount of any interest or penalty which may be assessed by the governmental authority with respect to such loss or disallowance; or (ii) a lump sum payable upon demand to Lessor which shall be equal to the amount necessary to permit Lessor to receive (on an after tax basis over the full term of the Master Agreement) the same rate of return that Lessor would have realized had there not been a loss or disallowance of such benefits together with the amount of any interest or penalty which may be assessed by the governmental authority with respect to such loss or disallowance. 4of13 19. COVENANT OF QUIET ENJOYMENT. So long as no Lessee Default exists, and no event shall have occurred and be continuing which, with the giving of notice or the passage of time or both, would constitute a Lessee Default, neither Lessor nor any party acting or claiming through Lessor, by assignment or otherwise, will disturb Lessee's quiet enjoyment of the Equipment during the Term of the related Lease. 20. DISCLAIMERS AND LESSEE WAIVERS. LESSEE LEASES THE EQUIPMENT FROM LESSOR "AS IS, WHERE IS." IT IS SPECIFICALLY UNDERSTOOD AND AGREED THAT (A) EXCEPT AS EXPRESSLY SET FORTH IN SECTION 19, LESSOR MAKES ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY, OPERATION, OR CONDITION OF ANY EQUIPMENT (OR ANY PART THEREOF), THE MERCHANTABILITY OR FITNESS OF EQUIPMENT FOR A PARTICULAR PURPOSE, OR ISSUES REGARDING PATENT INFRINGEMENT, TITLE AND THE LIKE; (B) LESSOR SHALL NOT BE DEEMED TO HAVE MADE, BE BOUND BY OR LIABLE FOR, ANY REPRESENTATION, WARRANTY OR PROMISE MADE BY THE SUPPLIER OF ANY EQUIPMENT (EVEN IF LESSOR IS AFFILIATED WITH SUCH SUPPLIER); (C) LESSOR SHALL NOT BE LIABLE FOR ANY FAILURE OF ANY EQUIPMENT OR ANY DELAY IN THE DELIVERY OR INSTALLATION THEREOF; (D) LESSEE HAS SELECTED ALL EQUIPMENT WITHOUT LESSOR'S ASSISTANCE; AND (E) LESSOR IS NOT A MANUFACTURER OF ANY EQUIPMENT. IT IS FURTHER AGREED THAT LESSOR SHALL HAVE NO LIABILITY TO LESSEE, OR ANY THIRD PARTIES FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS MASTER AGREEMENT OR ANY SCHEDULE OR CONCERNING ANY EQUIPMENT, OR FOR ANY DAMAGES BASED ON STRICT OR ABSOLUTE TORT LIABILITY OR LESSOR'S NEGLIGENCE; PROVIDED, HOWEVER, THAT NOTHING IN THIS MASTER AGREEMENT SHALL DEPRIVE LESSEE OF ANY RIGHTS IT MAY HAVE AGAINST ANY PERSON OTHER THAN LESSOR. LESSOR AND LESSEE AGREE THAT THE LEASES SHALL BE GOVERNED BY THE EXPRESS PROVISIONS OF THIS MASTER AGREEMENT AND THE OTHER FUNDAMENTAL AGREEMENTS AND NOT BY THE CONFLICTING PROVISIONS OF ANY OTHERWISE APPLICABLE LAW. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, LESSEE WAIVES ANY RIGHTS AND REMEDIES CONFERRED UPON A LESSEE BY STATUTE OR OTHERWISE, IN EITHER CASE THAT ARE INCONSISTENT WITH OR THAT WOULD LIMIT OR MODIFY LESSOR'S RIGHTS SET FORTH IN THIS MASTER AGREEMENT. 21. LESSEE WARRANTIES. Lessee represents, warrants and covenants to Lessor with respect to each Lease that: (a) Lessee has the power and authority to enter into each of the Fundamental Agreements; (b) all Fundamental Agreements are legal, valid and binding obligations of Lessee, enforceable against Lessee in accordance with their terms and do not violate or create a default under any instrument or agreement binding on Lessee; (c) there are no pending notice of which has been properly served on the City, or threatened actions or proceedings before any court or administrative agency that could have a material adverse effect on Lessee or any Fundamental Agreement, unless such actions have been disclosed to Lessor and consented to in writing by Lessor; (d) Lessee shall comply in all material respects with all laws and regulations the violation of which could have a material adverse effect upon the Equipment of Lessee's performance of its obligations under any Fundamental Agreement; (e) each Fundamental Agreement shall be effective against all creditors of Lessee under applicable law, including fraudulent conveyance and bulk transfer laws, and shall raise no presumption of fraud; (f) all financial statements, certificates or summaries relating to Lessee's financial condition, fiscal budget orthe assessment and collection of taxes and other related information furnished by Lessee shall be prepared in accordance with generally accepted accounting principles in the United States in effect at that time and shall Fairly present Lessee's financial position as of the dates given on such statements; (g) since the date of the most recent annual financial statement, there has been no material adverse change in the financial condition of, or the level of assessment or collection of taxes by, the Lessee; (h) the Equipment, subject to any Lease, is essential to the immediate performance of a governmental or proprietary function by Lessee within the scope of its authority and will be used during the Term of such Lease only by Lessee and only to perform such function; (1) Lessee intends to use the Equipment for the entire Term of such Lease and all Equipment will be used for business purposes only and not for personal, family or household purposes; 0) Lessee has complied fully with all applicable law governing open meetings, public bidding and appropriations required in connection with this Lease and the acquisition of the Equipment; (k) there has been no material change in the budget for Lessee's current Fiscal Period since its adoption, in a manner that would adversely affect the General Fund or any other funding that affects the City's performance under this Lease; (1) Lessee's obligations to pay Rent and any other amounts due under this Lease constitute a current expense and not a debt of Lessee under applicable state law; (m) no provision of this Lease constitutes a pledge of the tax or general revenues of Lessee; (n) Lessee does not export, re-export, or transfer any Equipment, Software, system software or source code or any direct product thereof to a prohibited destination, or to nationals of proscribed countries wherever located, without prior authorization from the United States government and other applicable governments; (o) Lessee does not use any Equipment, Software or system software or technology, technical data, or technical assistance related thereto or the products thereof in the design, development, or production of nuclear, missile, chemical, or biological weapons or transfer the same to a prohibited destination, or to nationals of proscribed countries wherever located, without prior authorization from the United States and other applicable governments; and (p) Lessee is not an entity designated by the United States government or any other applicable government with which transacting business without the prior consent of such government is prohibited. 22. DEFAULT. Any of the following shall constitute a default by Lessee (a "Lessee Default") under this Master Agreement and all Leases: (a) Lessee fails to pay any Rent payment or any other amount payable to Lessor under this Master Agreement or any Schedule within 10 days after its due date; or (b) Lessee defaults on or breaches any of the other terms and conditions of any Material Agreement, and fails to cure such breach within 10 days afterwritten notice thereof from Lessor; or (c) any representation or warranty made by Lessee in any Material Agreement proves to be incorrect in any material respect when made or reaffirmed; or (d) any change occurs in relation to Lessee's financial condition that, in Lessor's opinion, would have a material adverse effect on Lessee's ability to perform its obligations under this Master Agreement or under any Schedule or (e) Lessee becomes insolvent or fails generally to pay its debts as they become due; or (f) a proceeding under any bankruptcy, reorganization, arrangement of debt, insolvency or receivership law is filed by or against Lessee (and, if such is proceeding is involuntary, it is not dismissed within 60 days after the thereof) or Lessee takes any action to authorize any of the foregoing matters; (g) any Equipment is levied against, seized or attached; or (h) any letter of credit or guaranty issued in support of a Lease is revoked, breached, canceled or terminated (unless consented to in advance by Lessor). 5of13 23. REMEDIES. If a Lessee Default occurs, Lessor may, in its sole discretion, exercise one or more of the following remedies: (a) declare all amounts due and to become due during Lessee's current fiscal year under any or all Leases to be immediately due and payable; or (b) terminate this Master Agreement or any Lease(s); or (c) take possession of, or render unusable, any Equipment wherever the Equipment may be located, without demand or notice and without any court order or other process of law in accordance with Lessee's reasonable security procedures, and no such action shall constitute a termination of any Lease; or (d) require Lessee to deliver the Equipment to a location specified by Lessor; or (e) declare the Stipulated Loss Value for any or all Equipment to be due and payable but solely from funds legally available therefor as liquidated damages for loss of a bargain and not as a penalty and in lieu of any further Rent payments under the applicable Lease or Leases; or (f) proceed by court action to enforce performance by Lessee of any Lease and/or to recover all damages and expenses incurred by Lessor by reason of any Lessee Default; or (g) terminate any other agreement that Lessor may have with Lessee; or (h) exercise any other right or remedy available to Lessor at law or in equity. Also, Lessee shall pay Lessor (i) all costs and expenses that Lessor may incur to maintain, safeguard or preserve the Equipment, and other expenses incurred by Lessor in enforcing any of the terms, conditions or provisions of this Master Agreement (including reasonable legal fees and collection agency costs) and (il) all costs incurred by Lessor in exercising any of its remedies hereunder (including reasonable legal fees). Upon repossession or surrender of any Equipment, Lessor will lease, sell or otherwise dispose of the Equipment in a commercially reasonable manner, with or without notice and at public or private sale, and apply the net proceeds thereof to the amounts owed to Lessor under this Master Agreement; provided, however, that Lessee will remain liable to Lessor for any deficiency that remains after any sale or lease of such Equipment. Any proceeds of any sale or lease of such Equipment in excess of the amounts owed to Lessor under this Master Agreement will be retained by Lessor. Lessee agrees that with respect to any notice of a sale required by law to be given, 10 days' notice will constitute reasonable notice. With respect to any exercise by Lessor of its right to recover and/or dispose of any Equipment or other Collateral securing Lessee's obligations under any Schedule, Lessee acknowledges and agrees as follows: (i) Lessor shall have no obligation, subject to the requirements of commercial reasonableness, to clean-up or otherwise prepare the Equipment or any other Collateral for disposition, (ii) Lessor may comply with any applicable state or federal law requirements in connection with any disposition of the Equipment or other Collateral, and any actions taken in connection therewith shall not be deemed to have adversely affected the commercial reasonableness of any such disposition, and (iii) Lessor may convey the Equipment and any other Collateral on an "AS IS, WHERE IS" basis, and without limiting the generality of the foregoing, may specifically exclude ordisciaim any and all warranties, including any warranty of title or the like with respect to the disposition of the Equipment or other Collateral, and no such conveyance or such exclusion or such disclaimer of any warranty shall be deemed to have adversely affected the commercial reasonableness of any such disposition. These remedies are cumulative of every other right or remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise, and may be enforced concurrently therewith or from time to time. 24. PERFORMANCE OF LESSEE'S OBLIGATIONS. If Lessee fails to perform any of Its obligations hereunder, Lessor may perform any act or make any payment that Lessor deems reasonably necessary for the maintenance and preservation of the Equipment and Lessor's interests therein; provided, however, that the performance of any act or payment by Lessor shall not be deemed a waiver of, or release Lessee from, the obligation at issue. All sums so paid by Lessor, together with expenses including reasonable legal fees and cost) incurred by Lessor in connection therewith, shall be paid to Lessor by Lessee from funds legally available therefor immediately upon demand. 25. PURCHASE OPTIONS. Lessee may elect, by delivering to Lessor at least 30 days' prior written notice, to purchase on any Rent payment date not less than all Units of Equipment then subject to the Lease (other than items of Software that may not be sold by Lessor under the terms of any applicable License Agreement) for an amount equal to the sum of the Rent then due, all other amounts due under the Lease and the Concluding Payment for such Equipment as of the designated Rent payment date; provided no Lessee Default shall have occurred and be continuing or no event has occurred which with notice or lapse of time could constitute a Lessee Default. In the event of such an election, Lessee shall pay such amount to Lessor, in immediately available funds, on or before the designated Rent payment date. If Lessee shall have elected to purchase the Equipment, shall have so paid the purchase price and shall have fulfilled the terms and conditions of this Master Agreement and the related Schedule, then (1) the Lease with respect to such Equipment shall terminate on the designated Rent payment date and, except as provided in Section 28, Lessee shall be relieved of all of its obligations in favor of Lessor with respect to such Equipment, and (2) Lessor shall transfer all of its interest in such Equipment to Lessee "AS IS, WHERE IS," without any warranty, express or implied, from Lessor, other than the absence of any liens or claims by or through Lessor. 26. ASSIGNMENT. Lessor shall have the unqualified right to sell, assign, grant a security interest in or otherwise convey any part of its interest in this Master Agreement, any Lease or any Equipment, in whole or in part, without prior notice to or the consent of Lessee. If any Lease is sold, assigned, or otherwise conveyed, Lessee agrees that Lessor's purchaser, assignee or transferee, as the case may be ("Assignee") shall (a) have the same rights, powers and privileges that Lessor has under the applicable Lease, (b) have the right to receive from Lessee all amounts due under the applicable Lease; and (c) not be required to perform any obligations of Lessor, other than those that are expressly assumed in writing by such Assignee. Lessee agrees to execute such acknowledgements to such assignment as may be reasonably requested by Lessor or the Assignee. Lessee further agrees that, in any action brought by such Assignee against Lessee to enforce Lessor's rights hereunder, Lessee will not assert against such Assignee any set-off, defense or counterclaim that Lessee may have against Lessor or any other person. Unless otherwise specified by Lessor and the Assignee, Lessee shall continue to pay all amounts due under the applicable Lease to Lessor; provided, however, that upon notification from Lessor and the Assignee, Lessee covenants to pay all amounts due under the applicable Lease to such Assignee when due and as. directed in such notice. Lessee further agrees that any Assignee may further sell, assign, grant a security interest In or otherwise convey its rights and interests under the applicable Lease with the same force and effect as the assignment described herein. Lessee may not assign, transfer, sell, sublease, pledge or otherwise dispose of this Master Agreement, any Lease, any Equipment or any interest therein. Lessee shall acknowledge each such assignment in writing if so requested and keep a complete and accurate record of all such assignments in a manner that complies with Section 149 of the Code, and regulations promulgated thereunder. 27. FURTHER ASSURANCES. Lessee agrees to promptly execute and deliver to Lessor such further documents and take such further action as Lessor may require in order to more effectively carry out the intent and purpose of this Master Agreement and any Schedule. Without limiting the generality of the foregoing, Lessee agrees (a) to furnish to Lessor from time to time, its certified financial 6of13 statements, officer's certificates and appropriate resolutions, opinions of counsel and such other information and documents as Lessor may reasonably request, and (b) to execute and timely deliver to Lessor such documents that Lessor deems necessary to perfect or protect Lessor's security interest in the Collateral or to evidence Lessor's interest in the Equipment. It is also agreed that Lessor or Lessor's agent may file as a financing statement, any lease document (or copy thereof, where permitted by law) or other financing statement that Lessor deems appropriate to perfect or protect Lessor's security interest in the Collateral or to evidence Lessor's interest in the Equipment. Upon demand, Lessee will promptly reimburse Lessor for any filing or recordation fees or expenses (including legal fees and costs) incurred by Lessor in perfecting or protecting its interests in any Collateral. Lessee represents and warrants that Lessee's name as set forth in the signature block below is Lessee's full and accurate legal name and that the information set forth on the first page hereof regarding its organization number, tax identification number and location is true and correct as of the date hereof. Lessee further agrees to provide Lessor advance written notice of any change in the foregoing. Notwithstanding the foregoing, so long as no Lessee Default has occurred, Lessor shall be responsible for any filing or recordation fees or expenses Incurred in perfecting or registering Lessor's interests in the Equipment (including any costs or fees to record the initial financing statements upon execution of this Master Agreement or any applicable Schedule, amendment filings relating to coterminous additions to the Equipment and any continuation filings and releases): except that Lessee shall promptly reimburse Lessor for any filing or recordation fees or expenses (including legal fees and costs incurred in perfecting or protecting its interests in the Equipment) to the extent such additional filing or recording is triggered by Lessee's decision to change the tax jurisdiction in which the Equipment is located or by other amendments requested by Lessee. 28. TERM OF MASTER AGREEMENT; SURVIVAL. This Master Agreement shall commence and be effective upon the execution hereof by both parties and shall continue in effect until terminated by either party by 30 days' prior written notice to the other, provided that the effective date of the termination is after all obligations of Lessee arising hereunder and pursuant to any Schedule have been fully satisfied. Notwithstanding the foregoing, all representations, warranties and covenants made by Lessee hereunder shall survive the termination of this Master Agreement and shall remain in full force and effect. All of Lessor's rights, privileges and indemnities under this Master Agreement or any Lease, to the extent they are fairly attributable to events or conditions occurring or existing on or prior to the expiration or termination of such Lease, shall survive such expiration or termination and be enforceable by Lessor and Lessor's successors and assigns. 29. WAIVER OF JURY TRIAL. LESSEE AND LESSOR HEREBY EXPRESSLY WAIVE ANY RIGHT TO DEMAND A JURY TRIAL WITH RESPECT TO ANY ACTION OR PROCEEDING INSTITUTED BY LESSOR OR LESSEE IN CONNECTION WITH THIS MASTER AGREEMENT OR ANY FUNDAMENTAL AGREEMENT. 30. NOTICES. All notices, requests, demands, waivers and other communications required or permitted to be given under this Master Agreement or any other Fundamental Agreement shall be in writing and shall be deemed to have been received upon receipt if delivered personally, by electronic mail, or by a nationally recognized overnight courier service, or by confirmed facsimile transmission, or 3 days after deposit in the United States mail, certified, postage prepaid with return receipt requested, addressed as follows (or such other address, a -mail, or fax number as either party shall so notify the other): If to Lessor: If to Lessee: Hewlett-Packard Financial Services Company 200 Connell Drive, Suite 5000 Berkeley Heights, NJ 07922 Attn: Director of Operations North America E-mail City of Temecula, California 41000 Main Street Temecula, CA 92590 Attn: ("Authorized Lessee Representative") E-mail: 31. MISCELLANEOUS (a) Governing Law- THIS MASTER AGREEMENT AND EACH LEASE SHALL BE GOVERNED BY THE INTERNAL LAWS (AS OPPOSED TO CONFLICTS OF LAW PROVISIONS) OF THE STATE OF EQUIPMENT LOCATION. (b) Credit Review. Lessee consents to a reasonable credit review by Lessor for each Lease. (c) Captions and References. The captions contained in this Master Agreement and any Schedule are for convenience only and shall not affect the interpretation of this Master Agreement or any Lease_ Al I references in this Master Agreement to Sections and Exhibits refer to Sections hereof and Exhibits hereto unless otherwise indicated- (d) Entire Agreement; Amendments. This Master Agreement and all other Fundamental Agreements executed by both Lessor and Lessee constitute the entire agreement between Lessor and Lessee relating to the leasing of the Equipment, and supersede all prior agreements relating thereto, whether written or oral, and may not be amended or modified except in a writing signed by the parties hereto. (e) No Waiver. Any failure of Lessor to require strict performance by Lessee, or any written waiver by Lessor of any provision hereof, shall not constitute consent or waiver of any other breach of the same or any other provision hereof. (f) Lessor Affiliates. Lessee understands and agrees that Hewlett-Packard Financial Services Company or any affiliate or subsidiary thereof may, as lessor, execute Schedules under this Master Agreement, in which event the terms and conditions of the applicable Schedule and this Master Agreement as it relates to the lessor under such Schedule shall be binding upon and shall inure to the benefit of such entity executing such Schedule as lessor, as well as any successors or assigns of such entity. Lessee agrees that Lessor may disclose any information provided by Lessee to Lessor or created by Lessor in the course of administering the Material Agreements to any parent or affiliate of Lessor. (g) Invalidity. If any provision of this Master Agreement or any Schedule shall be prohibited by or invalid under law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Master Agreement or such Schedule. (h) Counterparts. This Master Agreement may be executed in counterparts, which collectively shall constitute one document. 7of13 (i) Lessor Reliance. Lessor may act in reliance upon any instruction, instrument or signature reasonably believed by Lessor in good faith to be genuine. Lessor may assume that any employee of Lessee who executes any document or gives any written notice, request or instruction has the authority to do so. Q) Electronic Signature. Lessor and Lessee agree that: (i) this Lease and any other related agreement may be executed by electronic signature ("Electronic Document") initiated through any mutually agreed commercial electronic signature provider to Lessee's authorized signatory's password -protected access email address that Lessee has identified to Lessor; (ii) any electronic signatures appearing on any Electronic Document shall have the same force and effect, and be considered for all purposes, as an original ink signature; and (iii) if the terms set forth in any Electronic Document evidence both a monetary obligation and a security interest in, or a lease of, specific goods and/or software license used in the goods, then Lessor may cause the Electronic Document to be marked as the sole original copy and such marked copy will constitute "electronic chattel paper" in the sole custody and control of Lessor. 32. DEFINITIONS. All capitalized terms used in this Master Agreement have the meanings set forth below or in the Sections of this Master Agreement referred to below: "Acceptance Certificate" means an Acceptance Certificate in substantially the form of Exhibit B, executed by Lessee and delivered to Lessor in accordance with Section 3. "Acceptance Date" means, as to any Lease, the date Lessee shall have accepted the Equipment subject to such Lease in accordance with Section 3. "Assignee" means any assignee of all or any portion of Lessor's interest in this Master Agreement, any Schedule or any Equipment, whether such assignee received the assignment of such interest from Lessor or a previous assignee of such interest. "Authorized Lessee Representative" has the meaning specified in Section 30. "Casualty Loss" means, with respect to any Equipment, the condemnation, taking, loss, destruction, theft or damage beyond repair of such Equipment. "Casualty Value" means, as to any Equipment, an amount determined as of the date of the Casualty Loss or Lessee Default in question ("Calculation Date") pursuant to a "Table of Casualty Values" attached to the applicable Schedule or, if no "Table of Casualty Values" is attached to the applicable Schedule, an amount equal to the sum of (a) the present value (as of the Calculation Date and discounted at the Discount Rate compounded monthly) of all Rent payments payable after the Calculation Date through the scheduled date of expiration of the Then Applicable Term, plus (b) an amount determined by multiplying the applicable casualty percentage specified below by the Total Cost of such Equipment. The "Discount Rate" shall mean a rate equal to the 2 year Inter -bank swap rate quoted by Bloomberg L. P. (or, where not available, such other 2 year inter -bank swap rate quoted by a commercially available publication reasonably designated by us) at the Acceptance Date of the applicable Lease. The applicable casualty percentage will be 50% for Equipment having an Initial Term of less than 24 months; 40% for Equipment having an Initial Term of 24 months or greater, but less than 36 months; 30% for Equipment having an Initial Term of 36 months or greater, but less than 48 months; and 25% for Equipment having an Initial Term of 48 months or greater. "Claims" means all claims, actions, suits, proceedings, costs, expenses (including, without limitation, court costs, witness fees and attorneys' fees), damages, obligations, judgments, orders, penalties, fines, injuries, liabilities and losses, including, without limitation, actions based on Lessor's strict liability in tort. "Code" means the Internal Revenue Code of 1986, as amended. "Collateral" has the meaning specified in Section 13. "Concluding Payments" means the list of concluding payments on the attachment to the applicable Schedule. "Daily Rent" means, as to any Lease, an amount equal to the per diem Rent payable under the applicable Schedule (calculated on the basis of a 360 day year and 30 day months). "Equipment" has the meaning specified in Section 1. "Equipment Location" means, as to any Equipment, the address at which such Equipment is located from time to time, as originally specified in the applicable Schedule and as subsequently specified in a notice delivered to Lessor pursuant to Section 12, if applicable. "Fair Market Value" means the total price that would be paid for any specified Equipment in an arm's length transaction between an informed and willing buyer (other than a used equipment dealer) under no compulsion to buy and an informed and willing seller under no compulsion to sell. Such total price shall not be reduced by the costs of removing such Equipment from its current location or moving it to a new location. "Final Invoice Amount" has the meaning set forth in Section 2(c). "First Payment Date" means, as to any Lease, the date the first Rent payment with respect to such Lease is due, as determined pursuant to the terms of the applicable Schedule. "Fiscal Period" shall mean the fiscal year of Lessee, as it may be more particularly described in a Schedule. "Fundamental Agreements" means, collectively, this Master Agreement, each Schedule and Acceptance Certificate and all other related instruments and documents. "Hardware" means items of tangible equipment and other property. "Lease" has the meaning specified in Section 2(a). "Lessee" has the meaning specified in the preamble hereof. "Lessee Default" has the meaning specified in Section 22. "Lessor" has the meaning specified in the preamble hereof. "License Agreement" means any license agreement or other document granting the purchaser the right to use Software or any technical information, confidential business information or other documentation relating to Hardware or Software, as amended, modified or supplemented by any other agreement between the licensor and Lessor. "Master Agreement" has the meaning specified in the preamble hereof. "Material Agreements" means, collectively, all Fundamental Agreements, all other material agreements by and between Lessor and Lessee, and any application for credit, financial statement, or financial data required to be provided by Lessee in connection with any Lease. "Mobile PC Equipment" has the meaning specified in Section 12 hereof. "Non -Appropriation" has the meaning specified in Section 7. "Optional Additions" has the meaning specified in Section 11 8of13 "PC Equipment" means, collectively, personal computers (e.g., workstations, desktops and notebooks) and related items of peripheral equipment (e.g., monitors, printers and docking stations). "Purchase Documents" means, as to any Equipment, any purchase order, contract, bill of sale, License Agreement, invoice and/or other documents that Lessee has, at any time, approved, agreed to be bound by or entered into with any Supplier of such Equipment relating to the purchase, ownership, use or warranty of such Equipment. "Rent" has the meaning specified in Section 4. "Schedule" means, unless the context shall otherwise require a Schedule executed by Lessor and Lessee pursuant to Section 2(a). "Seller" means, as to any Equipment, the seller of such Equipment as specified in the applicable Schedule. "Software" means copies of computer software programs owned or licensed by Lessor. and any disks, CDs, or other media on which such programs are stored or written. "State" means any of the states of the United States, its territories and possessions. "Stipulated Loss Value" means, as to any Equipment, an amount equal to the sum of (a) all Rent (including the Daily Rent from the Rent payment date immediately preceding the date of the Casualty Loss or Lessee Default to the date of the Casualty Loss or Lessee Default) and other amounts due and owing with respect to such Equipment as of the date of payment of such amount, plus (b) the Casualty Value of such Equipment. "Substitute Equipment" means, as to any item of Hardware or Software subject to a Lease, a substantially equivalent or better item of Hardware or Software having equal or greater capabilities and equal or greater Fair Market Value manufactured or licensed by the same manufacturer or licensor as such item of Hardware or Software subject to a Lease. The determination of whether any item of Equipment is substantially equivalent or better than an item of Equipment subject to a Lease shall be based on all relevant facts and circumstances, but shall minimally require, in the case of a computer, that each of processor, hard-drlve, random access memory and CD ROM drive, if applicable, be equivalent or better. "Supplier" means as to any Equipment, the Seller and the manufacturer or licensor of such Equipment collectively, or where the context requires, any of them. "System Software" means an item of Software that is pre -loaded on an item of Hardware purchased by Lessor for lease hereunder for which the relevant Purchase Documents specify no purchase price separate from the aggregate purchase price specified for such items of Hardware and Software. "Taxes" means all license and registration fees and all taxes (local, state and federal), fees, levies, imposts, duties, assessments, charges and withholding of any nature whatsoever, however designated (including, without limitation, any value added, transfer, sales, use, gross receipts, business, occupation, excise, personal property, real property, stamp or other taxes) other than taxes measured by Lessor's income. "Term" means the term thereof as specified in the related Schedule. "Total Cost" means as to any Lease, the total acquisition cost to Lessor of the Equipment subject to such Lease as set forth in the applicable Purchase Documents, including related delivery, installation, taxes and other charges which Lessor has agreed to pay and treat as a portion of such acquisition cost, if any. "UCC" means the Uniform Commercial Code as enacted and in effect in any applicable jurisdiction. "Unit of Equipment" means, as to the Equipment leased pursuant to any Schedule (a) each individual item of PC Equipment leased pursuant to such Schedule, and (b) all Equipment taken as a whole; leased pursuant to such Schedule other than PC Equipment taken as a whole. IN WITNESS WHEREOF, LESSEE AND LESSOR HAVE EXECUTED THIS MASTER AGREEMENT ON THE DATES SPECIFIED BELOW. THIS MASTER AGREEMENT SHALL NOT BE EFFECTIVE UNTIL EXECUTED BY BOTH LESSEE AND LESSOR. LESSEE: CITY OF TEMECULA, CALIFORNIA By Name and Title Date LESSOR: HEWLETT-PACKARD FINANCIAL SERVICES COMPAW By: MOE Name and Title r Date Z Authorized to do business in the name of Hewlett-Packard Financial Services Company, Inc. in the states of Alabama and New York. 9of13 Master Agreement Number 1000608455 11072023 Schedule Number 10006084551107202301 COUNTERPART NO. OF . TO THE EXTENT THAT THIS SCHEDULE CONSTITUTES CHATTEL PAPER (AS DEFINED ON THE UCC), NO SECURITY INTEREST IN THIS SCHEDULE MAY BE CREATED THROUGH THE TRANSFER OR POSSESSION OF ANY COUNTERPART OTHER THAN COUNTERPART NO. 1. STATE AND LOCAL GOVERNMENT MASTER LEASE PURCHASE AGREEMENT SCHEDULE Hewlett-Packard Financial Services Company' ("Lessor') and City of Temecula, California an agency, department or political subdivision of the State of California ("Lessee") are parties to the State and Local Government Master Lease Purchase Agreement identified by the Master Agreement Number specified above (the "Master Agreement"). This Schedule (which shall be identified by the Schedule Number specified above) and the Master Agreement together comprise a separate Lease between the parties. The terms and conditions of the Master Agreement are hereby incorporated by reference into this Schedule. All capitalized terms used in this Schedule without definition have the meanings ascribed to them in the Master Agreement. 1- LEASE. A. Descri tion of Items of Leased Equilpment Total Cost See attached Quotes HLXQ5782-03 & HLXQ5781-08 $2,168,500.00 B. Term: 60 Months. 2 RENT. See Attachment A. ANNUAL RATE OF INTEREST 6.39% 3 LATEST COMMENCEMENT DATE: January 31, 2024 Lessor's obligation to purchase and lease the Equipment is subject to the Acceptance Date being on or before the Latest Commencement Date. 4 EQUIPMENT LOCATION: 41000 Main Street, Temecula, CA 92590 5. SELLER: HelixStorm 6 APPROPRIATIONS: Monies for all Rent and other payments due under the Lease for the Fiscal Period ending are available from Lessee's appropriated funds for such Fiscal Period and that appropriations and/or other funds have been encumbered or designated for the payment of all Rent and other payments that shall become due under the Lease in such Fiscal Period. 7 NON -ASSIGNABILITY BY LESSOR: Notwithstanding any other terms or conditions set forth in the Master Agreement to the contrary, Lessor hereby agrees that it shall not and will not sell, discount, factor, hypothecate or otherwise dispose of its interest in the Equipment or this Schedule or any Lease. 8 ADDITIONAL PROVISIONS: None 9 FISCAL PERI LESSOR AGREES TO LEASE TO LESSEE AND LESSEE AGREES TO LEASE FROM LESSOR THE EQUIPMENT DESCRIBED IN SECTION 1.A ABOVE. SUCH LEASE WILL BE GOVERNED BY THE MASTER AGREEMENT AND THIS SCHEDULE, INCLUDING THE IMPORTANT ADDITIONAL TERMS AND CONDITIONS SET FORTH ABOVE. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF THIS SCHEDULE AND THE MASTER AGREEMENT, THE TERMS OF THIS SCHEDULE SHALL GOVERN. LESSEE HEREBY REPRESENTS AND WARRANTS THAT ON AND AS OF THE DATE HEREOF EACH OF THE REPRESENTATIONS AND WARRANTIES MADE BY LESSEE IN THE MASTER AGREEMENT ARE TRUE, CORRECTAND COMPLETE. REPRESENTATIONS AND WARRANTIES MADE BY LESSEE IN THE MASTER AGREEMENT ARE TRUE, CORRECT AND COMPLETE. UNTIL AND UNLESS LESSEE EXECUTES THIS SCHEDULE IN COMPLIANCE WITH THE TERMS HEREOF, LESSOR'S SIGNATURE HEREON SHALL OPERATE ONLY AS AN OFFER TO LESSEE TO MAKE AN OFFER TO LEASE PURSUANT TO THE TERMS HEREOF. UPON EXECUTION BY LESSEE, AND PROVIDED LESSEE IS IN COMPLIANCE WITH THE TERMS HEREOF, THIS SCHEDULE SHALL BE BINDING ON BOTH PARTIES HERETO. LESSEE: CITY OF TEMECULA, CALIFORNIA By Name and Title Date LESSOR: HEWLETT-PACKARD FINANCIAL S - VICES COMPANY2 By: r' t cO, Name and Title �I IglZo2 :s Date ' Authorized to do business in the name of Hewlett-Packard Financial Services Company, Inc. in the states of Alabama and New York. Page 1 of 10 MLPA 08-22-07 Master Agreement Number 1000608455 11062023 Schedule Number 1000608455000002 ATTACHMENT A TO SCHEDULE TO STATE AND LOCAL GOVERNMENT MASTER LEASE PURCHASE AGREEMENT The first payment of Rent will be due on the Acceptance Date and all payments will be due annually thereafter. Payment No Payment Interest_ Principal Balance Concluding Payment 0 $2,168,500.00 $2,211,870.00 1 $489,040.12 $0.00 $489,040.12 $1,679,459.88 $1,713,049.08 2 $489,040.12 $107,357.70 $381,682.42 $1,297,777.46 $1,323,733.01 3 $489,040.12 $82,959.05 $406,081.07 $891,696.39 $909,530.32 4 $489,040.12 $57,000.75 $432,039.37 $459,657.02 $468,850.16 5 $489,040.12 $29,383.10 $459,657.02 $0.00 $0.00 Grand Totals $2,445,200.60 $276,700.60 $2,168,500.00 $0.00 Please note that the Concluding Payment includes a 2% prepayment premium which is payable only in the event you prepay this lease early. Lessee Please Initial and date: z Authorized to do business in the name of Hewlett-Packard Financial Services Company, Inc. in the states of Alabama and New York Page 2 of 3 IvII.PA 08-22-07 Master Agreement Number 1000608455 11072023 Schedule Number 10006084551107202301 STATE AND LOCAL GOVERNMENT MASTER LEASE PURCHASE AGREEMENT ACCEPTANCE CERTIFICATE Hewlett-Packard Financial Services Company' ("Lessor") and City of Temecula, California, an agency, department or political subdivision of the State of California ("Lessee") are parties to the State and Local Government Master Lease Purchase Agreement (the "Master Agreement") and Schedule under such Master Agreement (the "Schedule") identified by the Master Agreement Number and Schedule Number, respectively, specified above. The Master Agreement and Schedule together comprise a separate Lease, that is being accepted and commenced pursuant to this Acceptance Certificate. All capitalized terms used in this Acceptance Certificate without definition have the meanings ascribed to them in the Master Agreement. 1. LEASE ACCEPTANCE. Lessee hereby acknowledges that the Equipment described in Section 1 of the Schedule, or if different, the Equipment described in the attached invoice or other attachment hereto, has been delivered to the Equipment Location specified below, inspected by Lessee and found to be in good operating order and condition, and has been unconditionally and irrevocably accepted by Lessee under the Lease evidenced by the Master Agreement and the Schedule as of the Acceptance Date set forth below. Lessee authorizes Lessor to reduce the Rent payments on the Schedule to reflect the Final Invoice Amount set forth on the attached invoice(s) if such amount is different than the Total Cost on the Schedule. 2. LESSEE ACKNOWLEDGEMENTS. Lessee hereby agrees to faithfully perform all of its obligations under the Master Agreement and the Schedule and reaffirms, as of the date hereof, its representations and warranties as set forth in the Master Agreement. Lessee hereby acknowledges its agreement to pay Lessor Rent payments, as set forth in the Schedule, plus any applicable taxes, together with all other costs, expenses and charges whatsoever which Lessee is required to pay pursuant to the Master Agreement and the Schedule, in each instance at the times, in the manner and under the terms and conditions set forth in the Master Agreement and the Schedule, respectively. 3. EQUIPMENT LOCATION. The Equipment has been installed and is located at the following Equipment Location: 41000 Main Street, Temecula, CA 92590. 4. REPRESENTATIONS AND WARRANTIES. Lessee hereby represents and warrants that on and as of the date hereof each of the representations and warranties made by Lessee in the Master Agreement are true, correct and complete. City of Temecula, California By: Name and Title Acceptance Date: 'Authorized to do business in the name of Hewlett-Packard Financial Services Company, Inc. in the states of Alabama and New York Page 1 of 3 NLLPA 08-22-07 INCUMBENCY CERTIFICATE (State and Local Government Master Lease Purchase Agreement) I, the undersigned being the duly appointed and acting Secretary or Clerk of ("Lessee"), DO HEREBY CERTIFY that (i) I have custody of the records of Lessee; and (ii) based on an examination of such records of Lessee as of the date set forth below, the following persons in the respective capacities indicated opposite their names have been authorized to execute, with full authority to bind the Lessee to the State and Local Government Master Lease Purchase Agreement between Lessee and Hewlett-Packard Financial Services Company as lessor ("Master Agreement"), and all other agreements, documents and instruments executed and delivered and to be executed and delivered in connection therewith, including without limitation, the Master Agreement, any Schedules and Acceptance Certificates (as such terms are defined in the Master Agreement; collectively referred to as the "Documents"); and (iii) the signature set forth opposite such individual's name and title/office is the true and authentic signature of that individual; and, (iv) each such individual has (and had on the date each such individual affixed his or her signature to the Documents) the authority to enter into the Documents on behalf of the Lessee. Name Title/Office Email Address Signature Lessee agrees that: (1) the Documents may be executed by electronic signature ("Electronic Document") initiated through any mutually agreed commercial electronic signature provider to Lessee's authorized signatory's password -protected access email address that Lessee has identified above; (ii) any electronic signatures appearing on any Electronic Document shall have the same force and effect, and be considered for all purposes, as an original ink signature; and (iii) if the terms set forth in any Electronic Document evidence both a monetary obligation and a security interest in, or a lease of, specific goods and/or software license used in the goods, and Lessor may cause the Electronic Document to be marked as the sole original copy and such marked copy will constitute "electronic chattel paper" in the sole custody and control of Lessor. On behalf of Lessee, I hereby certify the due and effective ratification, approval, and confirmation of all such acts and things that any of the above -referenced persons has done or may do in connection with the matters outlined above prior or subsequent to the date of this Certificate. I do further certify that the foregoing authority shall remain in full force and effect, and Hewlett-Packard Financial Services Company shall be entitled to rely upon same, until written notice of the modification, rescission or revocation of same, in whole or in part, has been delivered to Hewlett-Packard Financial Services Company, but no such modification, rescission or revocation shall, in any event, be effective with respect to any documents executed or actions taken in reliance upon the foregoing authority prior to the delivery to Hewlett-Packard Financial Services Company of said written notice of said modification, rescission or revocation. The execution and delivery of the Documents for and on behalf of Lessee is not prohibited or in any manner restricted by any law, ordinance or regulation. IN WITNESS WHEREOF, I have duly executed this Incumbency Certificate and affixed Lessee's seal hereto this day of 2023. SEAL Secretary/Clerk or duly elected or appointed and acting officer (or duly authorized designee of such officer) of CITY OF TEMECULA, CALIFORNIA Signature: Print Name: [PLEASE NOTE: THE GENERAL PURPOSE OF THIS DOCUMENT IS TO AUTHORIZE INDIVIDUALS TO SIGN THE LEASE DOCUMENTS. CONSEQUENTLY, THE PERSON PROVIDING THE AUTHORIZATION CANNOT HIM OR HERSELF BE ONE OF THE SIGNERS OF THE LEASE DOCUMENTS. — I.E. CANNOT AUTHORIZE HIM OR HERSELF]. Incumbency Certificate 11-02 :it 9 A A : A 0*0i MASTER SERVICES AGREEMENT THIS MASTER SERVICES AGREEMENT (the "MSA") between DataBank Holdings Ltd., a Texas limited partnership with offices at 400 South Akard, Suite 100, Dallas, Texas 75202 ("DataBaW) and the City of Temecula with offices at 41000 Main Street. Temecul,,L CA 92590("Customer') is made effective as of the date indicated below the Customer signature on the initial Order Form submitted by Customer and accepted by DataBank. ARTICLE 1 —INTRODUCTION 1.1 General. This MSA sets forth the terms and conditions of DataBank's delivery and Customer's receipt of any or all of the Services provided by DataBank, including Professional Services. The specific Services to be provided under this MSA are identified in the Order Forms and/or Statements of Work submitted by Customer and accepted by DataBank and described in detail in the Order Forms and/or Statements of Work attached to each Order Form. The service levels DataBank will provide to Customer for each Service ordered, other than Professional Services, are defined in detail in the Service Level Agreements. Each Service Level Agreement and Order Form submitted, accepted and executed by both parties is hereby incorporated by reference into this MSA. This MSA is intended to cover any and all Services ordered by Customer and provided by DataBank. Any terms set forth in this MSA which apply specifically to Services not ordered by Customer, will not apply to Customer. If Customer and DataBank or any of its affiliated entities are party to an agreement pursuant to which services are provided to Customer (the "Prior MSA"), then the parties hereby expressly agree that the Prior MSA is hereby terminated and superseded in its entirety by this MSA, and any Service Orders previously issued under the Prior MSA that are in effect are subject to the terms and conditions set forth in this MSA. 1.2 Definitions. Capitalized terms used and not elsewhere defined in this MSA, have the meanings given them in Schedule A to this MSA. ARTICLE 2 — DELIVERY OF SERVICES AND TERM 2.1 Delivery of Services. (a) General. By submitting an Order Form, Customer agrees to take and pay for, and, by accepting the Order Form, DataBank agrees to provide, the Services specified on the Order Form during the Initial Term and for any Renewal Term, as specified in Section 2.2(b). Billing for individual Services will begin as set out on the applicable Order Form. If no time is set out on an Order Form, billing will begin on the Service Commencement Date. The Services (including all data storage), shall be provided solely from within the continental United States and on computing and data storage devices residing therein. Databank shall maintain accurate records of all fees billable to, and payments made by, Customer in a format that will reasonably permit audit by Customer for a period of no less than three (3) years from when a fee was incurred or a payment was made. The foregoing obligation of Databank shall survive the termination of this MSA. For the term of this MSA, upon Customer's written request, Databank shall provide Customer with a copy of its annual American Institute of Certified Public Accountants Service Organization Control (SOC) 1 type 2 report and SOC 2 type 2 report (for all Trust Services Principles) or applicable successor reports. In the event Customer gives Databank written notice of a "litigation hold" or request under the California Public Records Act (Gov. Code § 7920.000 et seq., "Public Records Act")., then as to all data identified in such notice or request that is stored on DataBank's equipment, Databank shall, at no additional cost to Customer, isolate and preserve all such data pending receipt of further direction from the Customer. 2.2 Term of Services. (a) Commencement of Initial Term. The term for each Service will commence on the Service Commencement Date and continue for the Initial Term. (b) Renewal Terms. Following the Initial Term and unless otherwise terminated as provided for in this MSA or in writing at least ninety (90) days prior to the end of the Initial Term by either party that it has elected to terminate, each Service will be renewed for successive one (1) year terms (each, a "Renewal Term"). Except as otherwise expressly provided in this MSA, DataBank is obligated to provide and Customer is obligated to pay for each Service through its Initial Term and any Renewal Term. The termination of any Service will not affect Customer's obligations to pay for other Services. (c) Utility Rate Increases. Customer acknowledges that Databank may increase power charges at a rate proportional to utility rate increases during the Initial Term or any Renewal Term. ARTICLE 3 — PAYMENT TERMS FOR FEES AND EXPENSES 3.1 Fees and Expenses. Customer will pay all fees and expenses due according to the prices and terms listed in the Order Forms. The prices listed in the Order Forms will be increased by up to three percent (3%) per annum during the Initial Term indicated in the Order Forms and any Renewal Term thereof to cover increased costs associated with operating the DataBank Data Centers. 3.2 Payment Terms. On the Service Commencement Date for each Service, Customer will be billed an amount equal to all non- recurring charges indicated in the Order Form and the monthly reCUrring charges far the first month of the term. Monthly recurring charges for all other months will be billed in advance of the provision of Services. All other charges for Services received and expenses incurred during a month (e.g., time and materials billing fees, etc.) will be billed at the end of the month in which the Services were provided. Payment for all fees and expenses is due within thirty (30) days from the date of each DataBank invoice ("Due Date"). All payments will be made in the United States in U.S. dollars. 3.3 Late Payments. Any payment not received within by the Due Date will accrue interest at a rate of one and one half percent (1 '/%) per month, or the highest rate allowed by applicable law, whichever is lower. 3.4 Billing Disputes. If Customer in good faith disputes any portion of any DataBank invoice, Customer shall submit to DataBank, by the due date, full payment of the undisputed portion of the invoice and written documentation identifying and substantiating the disputed amount. If Customer does not report a dispute within sixty (60) days following the date of the applicable invoice pursuant to this Article 3.4, Customer shall have waived its right to dispute the invoice and all charges therein shall be deemed true and correct and due and owing. DataBank and Customer agree to use their respective commercially reasonable efforts to resolve any dispute within thirty (30) days after DataBank receives written notice of this dispute from Customer. Any disputed amounts resolved in favor of Customer shall be credited to Customer's account on the next invoice following resolution of the dispute. Any disputed amounts determined to be payable to DataBank shall be due within thirty (30) days of the resolution of the dispute. 3.5 Taxes. All fees charged by DataBank for Services are exclusive of all regulatory fees, surcharges, taxes and similar fees now in force or enacted in the future imposed on the transaction or the delivery of Services, all of which Customer will be responsible for and will pay in full, except for franchise taxes and taxes based on DataBank's net income. ARTICLE 4 — CONFIDENTIAL INFORMATION; INTELLECTUAL PROPERTY OWNERSHIP; LICENSE GRANTS 4.1 Confidential Information. (a) Nondisclosure of Confidential Information. Each party acknowledges that it will have access to certain confidential information of the other party concerning the other party's business, plans, customers, technology, and products, and other information held in confidence by the other party ("Confidential Information"). Confidential Information will include all information in tangible or intangible form that is marked or designated as confidential or that, under the circumstances of its disclosure, should be considered confidential. Confidential Information will also include, but not be limited to, DataBank Technology and Customer Technology. Each party agrees that it will not use in any way, for its own account or the account of any third party, except as expressly permitted by, or required to achieve the purposes of, this MSA, nor disclose to any third party (except as required by law or to that party's attorneys, accountants and other advisors as reasonably necessary), any of the other party's Confidential Information. Each party also agrees that it will take reasonable precautions to protect the confidentiality of the other parry's Confidential Information, at least as stringent as it takes to protect its own Confidential Information. (b) Exceptions. Information will not be deemed Confidential Information under this MSA if such information: (i) is known to the receiving party prior to receipt from the disclosing party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party; (ii) becomes known (independently of disclosure by the disclosing party) to the receiving party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party; (iii) becomes publicly known or otherwise ceases to be secret or confidential, except through a breach of this MSA by the receiving party; or (iv) is independently developed by the receiving party. The receiving party may disclose Confidential Information pursuant to the requirements of a governmental agency or by operation of law or legal procedure, provided that it gives the disclosing party reasonable prior written notice sufficient to permit the disclosing party to contest such disclosure unless (i) such disclosure is prohibited by law; or (ii) a government agency requests that no disclosure be made to the disclosing party. It is understood that Customer is subject to the California Public Records Act (Gov. Code §7920.000 et seq.). If a request under the California Public Records Act is made to view Databank"s Confidential Information, Customer shall notify Databank of the request and the date that such records will be released to the requester unless Databank obtains a court order enjoining that disclosure. If Databank fails to obtain a court order enjoining that disclosure, Customer will release the requested information on the date specified. 4.2 Intellectual Property. (a) Ownership. Except for the rights expressly granted in this MSA, this MSA does not transfer from DataBank to Customer any DataBank Technology, and all right, title and interest in and to Databank Technology will remain solely with DataBank. Except for the rights expressly granted in this MSA, this MSA does not transfer from Customer to DataBank any Customer Technology, and all right, title and interest in and to Customer Technology will remain solely with Customer. DataBank and Customer each agrees that it will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from the other party. (b) General Skills and Knowledge. Notwithstanding anything to the contrary in this MSA, DataBank will not be prohibited or enjoined at any time by Customer from utilizing any skills or knowledge of a general nature acquired during the course of providing the Services, including, without limitation, information publicly known or available or that could reasonably be acquired in similar work performed for another customer of DataBank. ARTICLE 5 — DATABANK REPRESENTATIONS AND WARRANTIES 5.1 General. (a) Authority and Performance of DataBank. DataBank represents and warrants that (i) it has the legal right and authority to enter into this MSA and perform its obligations under this MSA, (ii) the performance of its obligations and delivery of the Services to Customer will not violate any applicable U.S. laws or regulations, including OSHA requirements, or cause a breach of any agreements with any third parties; (iii) there is no outstanding litigation, arbitrated matter or other dispute to which it is a party which, if decided unfavorably to it, would reasonably be expected to have a potential or actual material adverse effect on its ability to fulfill its obligations under this MSA; and (iv) to the best of its knowledge and belief, it is the lawful licensee or owner of the Services (excluding any of Customer's data therein) and has all the necessary rights in the Services to grant the use of the Services to Customer. In the event of a breach of the warranties set forth in this Section 5.1(a), Customer's remedy, in addition to any other remedies available at law or in equity, is termination pursuant to Article 10. 5.2 Service Warranties. (a) Service Level Warranty. Subject to the exceptions set forth in the Service Level Agreement applicable to a specific Service, DataBank warrants that it will provide each Service at or above the service levels defined in the applicable Service Level Agreement (the "Service Level Warranty'). (b) Remedies. In the event that DataBank fails to provide a Service at the level required by the Service Level Warranty, Customer'sonly remedies are those set forth in the Service Level Agreement applicable to that Service (the "Remedies"). (c) Customer Must Request Remedies. In order to receive any of the Remedies, Customer must notify DataBank in writing within thirty (30) days from the time Customer becomes eligible to receive such Remedies. Failure to comply with this requirement will forfeit Customer's right to receive such Remedies. (d) Remedies Shall Not Be Cumulative; Maximum Remedy. The Remedies set forth in each Service Level Agreement are not cumulative. The aggregate maximum Remedy for any and all failures to provide Services at the level required by a particular Service Level Agreement that occur in a single calendar month shall not exceed the maximum set forth in such Service Level Agreement. (e) Termination Option for Chronic Problems. Customer may terminate a specific Service if the Customer experiences Chronic Problems (as defined in the applicable Service Level Agreement) with such Service. Customer must provide DataBank written notice of termination for Chronic Problems as specified in the Service Level Agreement and such termination will be effective as provided in the Service Level Agreement. (f)THE SERVICE LEVEL WARRANTY SET FORTH IN THIS SECTION 5.2 DOES NOT APPLY TO (1) ANY PROFESSIONAL SERVICES; (II) ANY SUPPLEMENTAL SERVICES; OR (III) ANY SERVICES THAT EXPRESSLY EXCLUDE THIS SERVICE LEVEL WARRANTY (AS STATED IN THE SERVICE LEVEL AGREEMENTS FOR SUCH SERVICES). (g) System Maintenance. Except for Emergency Maintenance, in the event DataBank determines that it is necessary to perform maintenance that has the potential for Service to be interrupted for the performance of system maintenance, DataBank will notify Customer ten (10) days prior to the performance of such maintenance and will schedule such maintenance during non -peak hours (midnight to 5:00 A.M. local time). In no event shall interruption for system maintenance if Customer is notified of in advance constitute a failure of performance by DataBank. (h) Software License. Any third party software license provided to Customer is provided with "Restricted Rights" applicable to private and public licensees, including restrictions on use, duplication or disclosure by the U.S. Government as set forth in this MSA and as provided in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. (i) Third Party Solutions. Customer agrees and acknowledges that Customer may purchase, install or utilize certain third party applications, products, services, or software ("Third Party Solutions") through DataBank with the Services. These Third Party Solutions are provided to Customer "AS IS" and are governed by the third party's own terms of service (including any required payments) and privacy policies as set forth by that third party. DataBank does not endorse and is not responsible or liable for, directly or indirectly, and makes no representations or warranties and provides no indemnification for the services or features provided by any Third Party Solutions that Customer may choose to install, notwithstanding any language to the contrary in this MSA, any Order Form, Statements of Work or Service Level Agreement. DataBank is not liable for Customer's reliance on the privacy practices, data security processes or other policies of such Third Party Solutions. DATABANK DOES NOT MANAGE OR PROVIDE CUSTOMER SUPPORT OR ASSISTANCE WITH RESPECT TO THE THIRD PARTY SOLUTIONS, UNLESS PREVIOUSLY AGREED IN WRITING BY THE PARTIES, AND DATABANK IS NOT RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY DAMAGES OR LOSSES ALLEGED OR CAUSED IN CONNECTION WITH THE USE OF, OR RELIANCE UPON, ANY THIRD PARTY SOLUTIONS. 0) Customer Solutions. To the extent that Customer uses its own applications, products, services, software ("Customer Solutions") in conjunction with the Services, then DataBank shall not be responsible or liable in any way for any damage or loss alleged, or caused, in connection with the use of or reliance upon of any Customer Solutions. 5.3 Service Performance Warranty. Data Bank warrants that it will perform the Services in a manner consistent with industry standards reasonably applicable to the performance thereof. 5.4No Other Warranty. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN ARTICLE 5, THE SERVICES AREPROVIDED ON AN "AS IS" BASIS, AND CUSTOMER'S USE OF THE SERVICES IS AT ITS OWN RISK. DATABANK DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. DATABANK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR -FREE, OR COMPLETELY SECURE. 5.5 Disclaimer of Actions Caused by or Under the Control of Third Parties. DATABANK DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM DATABANK'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH DATABANK WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, DATABANK CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, DATABANK DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. ARTICLE 6 — CUSTOMER REPRESENTATIONS, WARRANTIES AND OBLIGATIONS 6.1 Representations and Warranties of Customer. (a) Authority and Performance. Customer represents and warrants that (i) it has the legal right and authority to enter into this MSA and perform its obligations under this MSA, and (ii) the performance of its obligations and use of the Services (by Customer, its customers and users) will not violate any applicable laws, regulations or the Acceptable Use Policy or unreasonably interfere with other DataBank customers' use of DataBank services. (b) Breach of Warranties. In the event of any breach of any of the foregoing warranties, in addition to any other remedies available at law or in equity, DataBank will have the right, in its sole reasonable discretion, to suspend immediately any related Services if deemed reasonably necessary by DataBank to prevent any harm to DataBank and its business. DataBank will provide notice and opportunity to cure. Once cured, DataBank will promptly restore the Services. 6.2 Compliance with Law and Acceptable Use Policy. Customer agrees that it will use the Services only for lawful purposes and in accordance with this MSA. Customer will comply at all times with all applicable laws and regulations and the Acceptable Use Policy, as of the date of this MSA. The Acceptable Use Policy is incorporated into this MSA by reference. The Acceptable Use Policy contains restrictions on Customers and Customer's users' online conduct (including prohibitions against unsolicited commercial email). Customer agrees to comply with such restrictions in accordance with the Acceptable Use Policy. Customer acknowledges that DataBank exercises no control whatsoever over the content of the information passing through Customer's sites and that it is the sole responsibility of Customer to ensure that the information it and its users transmit and receive complies with all applicable laws and regulations and the Acceptable Use Policy. 6.3 Accesses and Security. Customer's access to the DataBank Data Centers will be limited solely to the Representatives identified by the Customer to DataBank in writing or entered by Customer into the DataBank Web Portal. If Customer is in breach under this MSA or otherwise not in compliance with the terms of this MSA and is notified of such breach by Databank, DataBank's prior written consent, which may be granted in DataBank's sole discretion, will be required for any such access. 6.4 Restrictions on Use of Services. Customer shall not, without the prior written consent of DataBank, which will not be unreasonably withheld, resell the Services to any third parties. 6.5 "Distributed Denial of Service Attack" ("DDoS Attack'). DataBank shall assign Internet Protocol ("IP") address space for Customer use during the term of this MSA. DataBank shall retain ownership of all such IP addresses at all times. Unless Customer has subscribed to DataBank DDoS Service, in the event Customer is subject to a DDoS Attack, it may be necessary to limit or stop all Customer data transfer including Null Routing of all inbound and outbound Customer internet traffic. If this occurs, DataBank will use commercially reasonable efforts to contact Customer. DataBank will attempt to limit the time in which Customer's data transfer is restricted, but this type of restriction will not be a breach of this MSA. ARTICLE 7— INSURANCE 7.1 DataBank Minimum Levels. DataBank agrees to keep in full force and effect during the term of this MSA: (i) comprehensive general liability insurance in an amount not less than $2 million per occurrence for bodily injury and property damage, (ii) workers' compensation insurance including employer's liability insurance in an amount not less than $1 million per occurrence, (iii) hired and non -owned automobile liability insurance in an amount not less than $1 million per occurrence Where not specifically prohibited by law, all policies shall contain waiver of subrogation. DataBank agrees that it will ensure and be solely responsible for ensuring that its contractors and subcontractors maintain insurance coverage at levels no less than those required by applicable law and customary in DataBank's and its agents' industries. The Customer shall be named as an additional insured in the commercial general, and excess liability policies which shall contain standard cross liability clauses. Databank shall cause the liability it assumed under this MSA to be specifically insured under the contractual liability section of the liability insurance policies. The liability policies shall be primary without right of contribution from any Indemnitee, and Databank waives all rights of subrogation with respect to said policies. Such policies shall require that Customer be given no less than thirty (30) calendar days prior written notice of any cancellation thereof or material change therein. Databank shall provide Customer with certificates of insurance and original endorsements, evidencing all of the above coverage, including all special requirements specifically noted above, and shall provide Customer with certificates of insurance evidencing renewal or substitution of such insurance thirty (30) calendar days prior to the effective date of such renewal or substitution 7.2 Customer Minimum Levels. In order to provide customers with physical access to facilities operated by DataBank and equipment owned by third parties, DataBank is required by its insurers to ensure that each DataBank customer maintains adequate insurance coverage. Customer agrees to keep in full force and effect during the term of this MSA: (i) comprehensive general liability insurance in an amount not less than $2 million per occurrence for bodily injury and property damage, (ii) workers compensation insurance including employer's liability insurance in an amount not less than $1 million per occurrence, and (iii) and "All Risk" property insurance covering all of Customer's equipment in an amount not less than its full replacement cost. If Customer is purchasing Managed or Cloud Services, Customer must additionally obtain professional liability insurance and standard form property insurance, including business interruption and electronic data processing media insurance, in each case in the amount not less than $1 million per occurrence. Where not specifically prohibited by law, all policies shall contain waiver of subrogation. Customer shall notify DataBank in writing at least thirty (30) days in advance of cancellation or reduction in coverage. Customer agrees that it will ensure and be solely responsible for ensuring that its agents (including contractors and subcontractors) maintain insurance coverage at levels no less than those required by applicable law and customary in Customer's and its agents' industries. Databank acknowledges that Customer is a public entity and may self -insure or obtain insurance from a risk pool, which shall be acceptable coverage 7.3 Certificates of Insurance; Naming DataBank as an Additional Insured. Prior to any access of the DataBank Data Centers by any Representative or other agent or employee of Customer, Customer will (i) deliver to DataBank certificates of insurance which evidence the minimum levels of insurance set forth above; and (ii) cause its insurance providers to name Databank as an additional insured and notify DataBank in writing of the effective date thereof. ARTICLE 8 —LIMITATIONS OF LIABILITY 8.1 Personal Injury. EACH REPRESENTATIVE AND ANY OTHER PERSON VISITING A DATABANK DATA CENTER DOES SO AT ITS OWN RISK. NEITHER PARTY ASSUMES LIABILITY WHATSOEVER FOR ANY HARM TO SUCH PERSONS RESULTING FROM ANY CAUSE OTHER THAN THE PARTY'S NEGLIGENCE OR WILLFUL MISCONDUCT. 8.2 Consequential Damages Waiver. EXCEPT FOR A BREACH OF SECTION 4.1 ("CONFIDENTIAL INFORMATION") OF THIS MSA, IN NO EVENT WILL EITHER PARTY BE LIABLE OR RESPONSIBLE TO THE OTHER FOR ANY TYPE OF INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. . 8.3 LIMITATION OF ACTUALS. DATABANK'S TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL MONTHLY RECURRING CHARGES RECEIVED BY DATABANK FROM CUSTOMER OVER THE PRECEDING TWELVE (12) MONTHS FOR THE AFFECTED SERVICES. ARTICLE 9—INDEMNIFICATION 9.1 Indemnification. DataBank shall indemnify, defend and hold Customer (including City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers) harmless from and against any and all costs, liabilities, losses, and expenses (including, but not limited to, reasonable attorneys' fees) (collectively, "Losses") resulting from or arising out of any claim, suit, action, or proceeding (each, an "Action") brought by any third party against Customer or its affiliates alleging (i) the infringement or misappropriation of any intellectual property right relating to the delivery or use of the Services (but excluding any infringement solely caused by Customer); (ii) tangible property or personal injury caused by the gross negligence or willful misconduct of DataBank. 9.1.1Notice. Databank's indemnification obligations under this MSA shall be subject to (i) receiving prompt written notice of the existence of any Action; (ii) permitting the Customer to participate in the defense of any Action; and (iii) receiving full cooperation of the Customer in the defense thereof. ARTICLE 10—TERMINATION 10.1 Termination by Customer For Cause. If DataBank fails to perform a particular Service under this MSA and does not remedy such failure within thirty (30) days following written notice from Customer (or such additional time which may be reasonably necessary to remedy such failure), Customer may terminate such Service without any further obligation to DataBank except for the payment of undisputed accrued but unpaid charges. If DataBank is unable to provide Service for thirty (30) consecutive days due to a Force Majeure event as defined in Section 11.1, Customer may terminate the affected Service without liability. 10.2 Termination by Customer for Convenience. Customer may, at any time and without cause, terminate any Service upon thirty (30) days written notice to DataBank, provided that Customer shall immediately pay DataBank (a) all charges for Services previously rendered, and (b) the monthly amount due for the terminated Services times the number of months remaining in the first 12 months of the applicable term, if any plus 50% of the monthly amount due for the terminated Services times the number of months remaining in the applicable term after month 12. DataBank acknowledges that funding to pay for Services ordered under this MSA is subject to annual appropriations by the appropriate governing body and if adequate sums are not appropriated in any fiscal year to fund Customer's use of Services ordered hereunder, upon delivering to DataBank documentation of the same satisfactory to DataBank in its reasonable discretion, Customer may terminate the affected Services upon no less than 45 days prior written notice. Such termination will not affect Customer's payment obligations for periods prior to such termination. Customer represents and warrants, however, that Customer will include sufficient funding to cover charges for all Services ordered under this MSA in each Customer budget submitted for approval, and will actively support the appropriation of such funding, during the term of each Order Form. 10.3 Termination by DataBank. DataBank may terminate this MSA or any Service with no further liability if (i) Customer fails to make payment as required under this MSA and such failure is uncorrected for thirty (30) calendar days following written notice from DataBank, or (ii) Customer fails to perform any other material obligation under this MSA and does not remedy such failure within thirty (30) days following written notice from DataBank or (iii) Customer files for bankruptcy or reorganization (voluntary or involuntary) (hereinafter collectively referred to as "Customer Default'). In the event of a Customer Default, DataBank shall have the right to: (i) suspend Service to Customer; (ii) cease processing or accepting orders for Service; and/or (iii) terminate this MSA or any Service. If DataBank terminates this MSA due to a Customer Default, Customer shall remain liable for all undisputed charges outlined in Section 10.2 herein. It is the express intent and understanding of the parties that, this MSA and Service Orders hereunder being one integrated agreement and not separate, severable contracts, Customer's rights to early termination of any Service is not a right to "reject", on an individual basis, any Service or any Service Order pursuant to federal bankruptcy laws. 10.4 Termination on Expiration of all Services. Either party may terminate this MSA, effective as of the date specified in written notice of termination provided to the other party, if all Services have been terminated in accordance with the procedures in Section 2.2(b) or if no Order Forms are in effect. 10.5 No Liability for Termination. Neither party will be liable to the other for any termination or expiration of any Service or this MSA in accordance with its terms. 10.6 Effect of MSA Termination. Upon the effective date of termination of this MSA: (a) DataBank will immediately cease providing the Services; (b) any and all undisputed payment obligations of Customer under this MSA for Services through any applicable term will immediately become due; (c) within ten (10) days of such termination, each party will return all Confidential Information of the other party in its possession and will not make or retain any copies of such Confidential Information except as required to comply with any applicable legal or accounting record keeping requirement; (d) DataBank, at its sole discretion, may remove any Customer Equipment from any DataBank facility and return to Customer and Customer shall bear the cost of the removal and storage of the Equipment and risk of damage or loss related in any way to the removal of the Equipment. 10.7. Termination Assistance. Notwithstanding the provisions of Section 10.6, upon the termination of this MSA for any reason, DataBank will provide to Customer such termination assistance relating to the Services, at DataBank's then current standard rates, as may be reasonably requested in writing by Customer. DataBank's obligation to provide assistance pursuant to this Section 10.7 is limited to a period of forty-five (45) days (the "Assistance Period'). Databank will provide to Customer and/or to the consultant selected by Customer ("Successor Consultant"), at DataBank's then current standard rates, assistance reasonably requested by Customer to effect the orderly transition of the Services, in whole or in part, to Customer or to Successor Consultant ("Transition Services") following the termination of this MSA, in whole or in part All applicable terms and conditions of this MSA shall apply to the Transition Services. This Section shall survive the termination of this MSA. 10.8Survival. The following provisions will survive any expiration ortermination of this MSA: Articles 3, 8, 9, 10 and 11 (excluding Section 11.2) and Sections 4.1, 4.2, and 5.4. ARTICLE 11 —MISCELLANEOUS PROVISIONS 11.1 Force Majeure. Except for the obligation to make payments, neither party will be liable for any failure or delay in its performance under this MSA due to any cause beyond its reasonable control, including, but not limited to, acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act or failure of the Internet (not resulting from the actions or inactions of DataBank) (each a "Force Majeure Event'), provided that the delayed party: (a) gives the other party prompt notice of such cause, and (b) uses its reasonable commercial efforts to promptly correct such failure or delay in performance. 11.2 No Lease; MSA Subordinate to Master Lease. This MSA is a services agreement and is not intended to and will not constitute a lease of any real property. Customer acknowledges and agrees that (i) it has been granted only a license to use the DataBank Data Centers in accordance with this MSA; (ii) Customer has not been granted any real property interest in the DataBank Data Centers; and (ii) Customer has no rights as a tenant or otherwise under any real property or landlord/tenant laws, regulations, or ordinances. 11.3 Marketing. During the term of this MSA DataBank shall not publicly refer to Customer orally or in writing without the prior written consent of Customer, however, Customer agrees that DataBank may refer to Customer in communications with DataBank's bankers, accountants, and other service providers to the extent reasonably necessary. 11.4 Government Regulations. Customer will not export, re-export, transfer, or make available, whether directly or indirectly, any regulated item or information to anyone outside the U.S. in connection with this MSA without first complying with all export control laws and regulations which may be imposed by the U.S. Government and any country or organization of nations within whose jurisdiction Customer operates or does business. 11.5 No Third Party Beneficiaries. DataBank and Customer agree that, except as otherwise expressly provided in this MSA, there shall be no third party beneficiaries to this MSA, including but not limited to the insurance providers for either party or the customers of Customer. 11.6 Governing Law; Dispute Resolution. This MSA and the rights and obligations of the parties created hereby will be governed by and construed in accordance with the internal laws of the State of California with venue in with venue in Los Angeles County, California, without regard to its conflict of law rules and specifically excluding from application to this MSA that law known as the United Nations Convention on the International Sale of Goods. The parties will reasonably endeavorto settle amicably by mutual discussions any disputes, differences, or claims whatsoever related to this MSA. 11.7 Severability. In the event any provision of this MSA is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this MSA will remain in full force and effect. 11.8 Waiver. The waiver of any breach or default of this MSA, or the failure to exercise any right provided for in this MSA, will not constitute a waiver of any subsequent breach, default or right, and will not act to amend or negate the rights of the waiving or non- exercising party. 11.9 Assignment. Customer may assign this MSA in whole as part of a corporate reorganization, consolidation, merger, sale of all or substantially all of its assets, or transaction or series of related transactions that results in the transfer of fifty percent (50%) or more of the outstanding voting power of Customer, provided that any such assignee agrees to be bound by the terms and conditions of this MSA. Customer may not otherwise assign its rights or delegate its duties under this MSA either in whole or in part without the priorwritten consent of DataBank, and any attempted assignment or delegation without such consent will be void. DataBank may assign this MSA in whole or part, including through the assignment of one or more Order Forms to its Local Entities that own and/or operate facilities in various locations to provide Services specified on such Order Form or Order Forms. Such Local Entities will perform the Services in accordance with, and subject to, the terms and conditions of this MSA and the applicable Order Form. DataBank may act as agent of any Local Entity, and in such capacity would continue to invoice Customer for Services rendered, manage Order Form acceptance and Service delivery hereunder and may exercise and enforce other rights on behalf of such Local Entities. In addition, DataBank may delegate the performance of certain Services to third parties, including Local Entities provided that DataBank will remain responsible for the obligations to provide such Services in accordance with the applicable Order Form and this MSA 11.10 This MSA will bind and inure to the benefit of each party's successors and permitted assigns. 11.11 Notice. Any notice or communication required or permitted to be given under this MSA maybe delivered by hand, deposited with an overnight courier, or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the address of the receiving party as listed on the Order Form or at such other address as may hereafter be furnished in writing by either party to the other party. Such notice will be deemed to have been given as of the date it is delivered, mailed, or sent, whichever is earlier. 11.12 Relationship of Parties. DataBank and Customer are independent contractors and this MSA will not establish any relationship of partnership, joint venture, employment, franchise, fiduciary, or agency between DataBank and Customer. Neither DataBank nor Customer will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent, except as otherwise expressly provided in this MSA. 11.13 Article and Section Headings; Pronouns; Plural and Singular. The article and section headings in this MSA are for reference purposes only and shall not affect the meaning or interpretation of this MSA. References in this MSA to a designated "Article" or "Section" refer to an Article or Section of this MSA unless otherwise specifically indicated. All pronouns used in this MSA shall be construed as including both genders and the neuter. All capitalized defined terms used in this MSA are equally applicable to their singular and plural forms. 11.14 Entire Agreement. This MSA, including schedules and all documents incorporated into this MSA by reference, constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all of the prior agreements and undertakings, both written and oral, among the parties, or any of them, with respect to the subject matter of this MSA. Any additional or different terms in any Order Form or other response by Customer shall be deemed objected to by DataBank without need of further notice of objection, and shall be of no effect or in any way binding upon DataBank. 11.15 Counterparts and Originals. This MSA may be executed in counterparts, which together shall constitute a single agreement. Delivery by telephonic facsimile or electronic mail transmission of a signed counterpart of this MSA shall be effective as delivery of a manually signed counterpart. Once signed, any reproduction of this MSA made by reliable means (e.g., photocopy, facsimile) is considered an original. 11.16 Amendments. This MSA may be amended or changed only by a written document signed by authorized representatives of DataBank and Customer in accordance with this Section 11.16. 11.17 Databank shall keep itself informed of all applicable federal, state and local laws, ordinances, codes, regulations and requirements applicable to DataBank's performance of its services pursuant to this MSA. Databank shall, at all times, observe and comply with all such laws and regulations, including, but not limited to the Americans with Disabilities Act, the Stored Communications Act, 18 U.S.C. Section 2701, et seq., California Civil Code Sections 1798.80 through 1798.84, and the California Consumer Privacy Act, Civil Code Section 1798.100, et seq, if and to the extent applicable. Customer, and its officers and employees, shall not be liable at law or in equity by reason of the failure of Databank to comply with this paragraph. 11.18 Interpretation of Conflicting Terns. In the event of a conflict between or among the terms in this MSA, the Service Level Agreements, the Order Forms, Statements of Work and any other document made a part hereof, the documents shall control in the following order: the Order Form with the latest date, Statements of Work, the Service Level Agreements, this MSA and other documents. Authorized representatives of Customer and DataBank have read the foregoing Master Services Agreement and all documents incorporated into the Master Services Agreement and agree and accept such terms effective as of the date first referenced above. CUSTOMER: Signature: Print Name: Title: Date: ❑A Sig Prii Title Dai This Master Services Agreement incorporates the following documents when applicable: • Service Orders • Service Level Agreements • Statements of Work • Schedule A - Definitions DATABANK MASTER SERVICES AGREEMENT SCHEDULE A —DEFINITIONS The following defined terms are equally applicable in their singular and plural forms: a) "Acceptable Use Policy" means the DataBank general Acceptable Use Policy, as of the effective date of the MSA, governing Customer's use of Services, including, but not limited to, online conduct, and the obligations of Customer and its Representatives in the DataBank Data Centers and available at http://www.databank.com/legal/aup. b) "Customer Equipment" or "Equipment" means computer and telecommunications equipment, or other such supporting equipment owned by Customer and placed in DataBank Data Center. c) "Customer Technology" means Customer's proprietary technology, including Customer's Internet operations design, content, software tools, hardware designs, algorithms, software (in source and object forms), user interface designs, architecture, class libraries, objects and documentation (both printed and electronic), know-how, trade secrets and any related intellectual property rights throughout the world (whether owned by Customer or licensed to Customer from a third party) and also including any derivatives, improvements, enhancements or extensions of Customer Technology conceived, reduced to practice, or developed during the term of this MSA by Customer. d) "DataBank Data Center" means any of the facilities used by DataBank to provide the Services. e) "DataBank Technology' means DataBank's proprietary technology, including DataBank Services, software tools, hardware designs, algorithms, software (in source and object forms), user interface designs, architecture, class libraries, objects and documentation (both printed and electronic), network designs, know-how, trade secrets and any related intellectual property rights throughout the world (whether owned by DataBank or licensed to DataBank from a third party) and also including any derivatives, improvements, enhancements or extensions of DataBank Technology conceived, reduced to practice, or developed during the term of this MSA by either party that are not uniquely applicable to Customer or that have general applicability in the art. 0 "Distributed Denial of Service Attack" means a cyber-attack in which the perpetrator seeks to make a machine or network resource unavailable to its intended users by disrupting services of a host connected to the internet. g) "Emergency Maintenance" is maintenance activities that are unscheduled to correct an emergency needed to prevent injury, loss of property, or return an asset to services in DataBank's sole discretion. h) "Initial Term" means the minimum term for which DataBank will provide the Services to Customer, as indicated on the Order Forms. i) "Order Form" means any of the forms specifying the Services, and the term and prices of such Services, to be provided by DataBank to Customer that are submitted by Customer and accepted by DataBank, including any Statement of Work attached thereto. j) "Null Routing" means the act of implementing a command on a firewall or network equipment to drop packets originating or terminating to a specific IP address or range of addresses. k) "Professional Services" means any professional or consulting service provided by DataBank to Customer as more fully described in a Statement of Work. 1) "Representatives" mean the individuals identified in writing or via the DataBank Portal that contain the names and contact information (e.g. email and telephone numbers) of Customer and the individuals authorized by Customer to enter the DataBank Data Centers. m) "Renewal Term" means any service term following the Initial Term, as specified in Section 2.2 of the MSA. n) "Representatives" mean the individuals identified in writing or via the DataBank Portal that contain the names and contact information (e.g. email and telephone numbers) of Customer and the individuals authorized by Customer to enter the DataBank Data Centers. o) "Services" means the specific services provided by DataBank as described on the Order Forms. p) "Service Commencement Date" means the date Service is first made available to Customer for use and Customer has not, within five (5) business days of such delivery, notified DataBank of its non -acceptance of the Service for reasons caused by DataBank. q) "Service Level Agreement" is the detailed definition of service levels that DataBank will provide to Customer for a specific Service. r) "Service Level Warranty" is described and defined in Section 5.2 of the MSA. s) "Statement of Work" means the detailed descriptions of the Professional Services attached to Order Forms. The terms "written" and "in writing" mean anything reduced to a tangible form by a party, including a printed, photocopy, facsimile or handwritten document but excluding email or other electronic format. HELII TO M w E m a k E I T E a s i E r f o r y o u The City of Temecula Digital Transformation Proposal Presented By: Alan Roa alan.roa(a)_helixstorm.com 951-816-6845 Mark Perlstein mark.perlstein(@helixstorm.com 951-348-4017 Aaron Schneider aaron.schneider(a),helixstorm.com 951-225-3491 Helixstorm 27238 Via Industria Temecula, CA 92590 888-434-3549 Page 1 Executive Summary The City of Temecula has been operating by leveraging an infrastructure solution that was implemented over 5 years ago. During that time the City experienced minimal issues, very little downtime but for a very few number of incidents, and the solution has provided stability and the functionality to support its requirements. As to be expected, over that 5-year period, technology has improved, there are now solution options that will make maintenance and support activities easier, and cost per unit of transaction and storage capacity has declined, enabling the implementation of a far more modern and robust system. Additionally, and importantly, after a 5-year cycle of usage the current equipment has aged, and the likelihood of issues from the current solution present risk on the issues of greater downtime, and possible failure due to older equipment, among other factors. New risks have appeared in the market, including but not limited to, ransomware and overall security issues. It is critical that, coincident with the end of the 5-year cycle of usage of the current infrastructure, that the new solution be architected according to today's best practices, resulting in the continued mitigation of risk to the city and the services it must reliably deliver to its residents. Each element of the solution is explained within this document, but in summary the new solution will deliver a critical digital transformation to the City that will provide: A primary site (city hall) for all normal daily business operations and a secondary site to support business operations from a physical disaster. Improved reliability and resiliency via a modern technology solution o Primary Site (City Hall) • Designed with 31 seconds of downtime annually or 99.9999% uptime as defined by HPE availability guarantee. • Designed to protect against cyber threats and ransomware using immutable repositories that cannot be deleted. Designed for an RTO/RPO of 4 hours in the event of a digital disaster (encrypted network) o Secondary Site (Databank Colocation in Denver Colorado) • Designed to protect against a physical disaster and conduct daily business operations from this site and will support 100% of business applications, 50 employee workstations, and a reduced performance level from the primary site. Built for an RTO/RPO of 24 hours in the event a physical disaster is declared. Recovery Point Objective (RPO) is defined as the amount of data an organization is willing to lose. The City of Temecula is willing to lose no more than 4 hours of data at the primary site and no more than 24 hours at the secondary site. Recovery Time Objective (RTO) is defined as the amount of time an organization is willing to have their business applications be inaccessible. The City of Temecula is not willing to have their applications and data inaccessible more than 4 hours at the primary site and 24 hours at the secondary site. Page 2 Proposal: Primary Site Design - $1,255,472.55 city mall Physical Veeant Proxy (6) DL360 Gen10 di servers for ESXi SN2010m Switches - i5C51 Alletra 6050 { Stureance 5260 with (2) Upgrade Kits - 384TB CoT Primary Site IS ST • (2( Intel Xeon-Gold 5220R Processors (2.2GHz/24-core/15Ow) •Memory-768GB (12x64GBI • Network - 4 X 10/25Gb Ports • All cables to support 10/25GbE connections • Support - 5 YR 240 rmn�uawry 4.�e J 7R11a I182.44 I202.71 REHWRMANCE 1[�[M1•.AI 4'R.•mY e�ooaal ' issfEq MIKF�SWEO READ F REP➢ 184TR 135.14TB 202.71Te Page 3 Secondary Site Cost = $507e144.29 Databank (Denver) •(2) Intel Xeon-Gold 5220R Processors (2.2GHz/24-core/150W) • Memory - 768GB (12x64GB) • Network - 4 X 10/25Gb Ports • Support - 5 YR 247 •All cables to support 10/25GbE connections 1100 Mbo Internet r(2) PAN Firewall - 440 (4) DL360 Gen10 dHCI Sews (or ESXi ISN201om all network tragic Alletra 5030 24TB Flash 126TB Disk HPE Storeonce 52611 192TB Upgrade Kit CoT Secondary Site 126T6 101.14T6 151.7TR 5030-2%-126T-GG CONMG TION SILL Or MATERIALS ENORONMENtA RarY Leah �.�v. �rwsa9q aqn m.ase rxan '�=om�,,.e,rc e.,�. oven � zl. maxoo �.Ecoa,m.,:eTz IEe,e Io�.u,e �j5t aeesy ®.°'�. raEn aTvro O a.Taxassn .rsaRc nszema n.un - IrsL ze — - r� esq w,R, 10TALCAFACIrY CACHE 1101.14,E f 126 1136.53 11511 2q% 230116 PERFORMANCE f4%IOP9 73R 10►S 991r 1095 1.9 G6h 1A •eA als aaMvn as aanGeln uxantlem salt seq. sat try MI%ED Sq/SS READ WRITE TnEAD gNlRRf Page 4 Complete Solution = $1,762,616.84 city MaII Oat -k (Denier) Phyvcal V— Prozy I (6) DL360 Genl' dFICI servers br EMi 5N2=1 Switches-ISCSI All.. 6C50 sWrecnce 5266 V4In (2) Llpgratle Kil - 334T0 Rack Elevation Diagrams J1f10 M6ps Irllernei 1(2) PAN Pi —11- 440 (4) DL36C 0.10 NO --1. ESXi I5mm, 9il neixmlk nific All-- Spep 24T0 Fial. L26TB Disk lWE -tone 5250 1( LD2T0 Upgrade KA Page 5 Professional Services and Setup Fees • Installation, Configuration, and Migration ................................. $205,000 • Databank Cabinet Provisioning....................................................$10,000 0 45U 1200mm cabinet o (2) 208v Managed and Switched PDU's o ATS to provide redundant power to devices that only have support for a single power supply. o Vertical and horizontal cable management • Point-to-point.................................................................................$2,500 • Total........................................................................................... $217,500 5. OberatinLa Costs (5 Years • Point -to -Point @ 200 Mbps........................................................... $96,000 • Databank Colocation...................................................................... $96,000 o (1) Cabinet 45U 1200mm o (2) RJ45 copper ethernet interfaces providing internet and patch panel 0 100Mbps Internet speed o (2) 208v 30amp power circuits o (1) Cross -connect (SMF) for 200Mbps point-to-point Total operating costs (5 Years) .................................................... $192,000 Page 6 Pricing Summary Item Annual Cost 5-Year Cost Total Operating Costs ML Point -to -Point with 200 Mbps $ 19,200.00 $ 96,000.00 Databank Colocation $ 19,200.00 $ 96,000.00 Operating Costs Total $ 192,000.00 Setup Costs Point -to -Point Setup Fee $ 2,500.00 Databank Colocation $ 10,000.00 Setup Costs Total $ 12,500.00 Hardware & Installation Costs Primary Site $ 1,255,472.55 Secondary Site $ 507,144.29 Professional Services & Travel $ 205,000.00 Hardware & Installation Costs $ 1,967,616.84 Total Lease Costs Grand Total $ 2,172,116.84 Less Discount $ (3,616.84) Amount Financed $ 2,168,500.00 Lease Charges $ 276,720.45 Total Lease Cost $ 2,445,220.45 Annual Lease Payment Annual Lease Payment $ 489,044.09 Page 7 HELIX TO M WE m a k E IT E a S i E r for y o u The City of Temecula Digital Transformation Statement of Work Presented By: Ryan Aziz ryan.aziz(o-)helixstorm.com (951) 521-1301 Aaron Schneider aaron.schneider@helixstorm.com 951-225-3491 Helixstorm 27238 Via Industria Temecula, CA 92590 (888) 434-3549 Page 8 w e m a k e I T e a s i e r f o r y o u INTRODUCTION Helixstorm has the capability to be the single source for building integrated IT solutions for The City of Temecula. Helixstorm focuses on core hardware and software products that are combined with a unique consulting methodology to deliver a solution tailored to the customer's requirements. Finally, Helixstorm's goal is to develop a solid working relationship and a familiarity with The City of Temecula's computing environment and associate requirements in order to validate the solution. Helixstorm is in a singular position to provide the best possible solution in continuing support of this mission -critical environment. The combination of these factors, combined with strategic pricing initiatives, makes Helixstorm uniquely qualified to provide the design, consulting, and implementation of this infrastructure solution for The City of Temecula. Helixstorm is pleased to provide this statement of work, under which Helixstorm will provide Datacenter Support Services described herein. This Statement of Work is effective as of %EFFECTIVEDATE% (the Effective Date). Objective Update The City of Temecula's primary infrastructure to protect against a digital disaster by implementing immutable backups and the ability to restore operations within 24 hours. Protect against a physical disaster by setting up a secondary site in Denver, CO that will be operational within 48 hours. Page 9 Luc makc IT casicr for you_ Helixstorm — Professional Services The advantage of using Helixstorm Professional Services is proven by the successful implementations and satisfactory reviews received from its nationwide customer base. This success is attributed to key deliverables that go above and beyond basic installations: Project Management Overseeing the services installation from conception to finality, Helixstorm assigns a project manager as the customer's single point of contact and first escalation point. In addition, the project manager has the support of a Services Resource Coordinator and the VP of Professional Services as escalation points. Project Management services are comprised of coordination of all correspondence and status meetings, verifying shipping accuracy, coordinating various resources required to complete the installation, and providing escalation management. Design Services and Pre -installation Planning Design Service and Pre -install Planning provide a thorough understanding between Helixstorm and The City of Temecula on the Final accepted solution. Helixstorm welcomes customer input and feedback in this phase of the process. Final acceptance and sign -off from the customer is required to proceed to the next stage. Knowledge Transfer Helixstorm consultants take the time to go over the functionality of each piece of newly installed hardware. While this orientation does not take the place of any formal training, it provides a comfort level for your staff to begin usage of the systems from day one. Documentation Helixstorm Consultants will deliver at the conclusion of your project, documentation to be used to reference and maintain your systems. The documents contain detailed installation procedures executed during the installation of servers, as well as diagrams and system outputs proven beneficial to the administration of the machines. Page 10 w E m a k e IT E a s i e r for you SERVICE DESCRIPTION AND DELIVERABLES Helixstorm will perform the tasks listed in the Service Deliverables section. A brief description of these tasks includes: Install and configure the following equipment: Primary Site (City Hall) • (6) HPE DL360 Gen10 Servers • (2) 10GbE Modules in existing 5406 core switch • (1) Alletra 6050 • (2) Mellanox SN2010m iSCSI switches • (1) HPE 5260 Storeonce Secondary Site (Denver) • (4) HPE DL360 Gen10 Servers • (2) Palo Alto 440 Firewalls • (1) Alletra 5030 • (2) Mellanox SN2010m iSCSI switches • (1) HPE 5260 Storeonce Helixstorm Services Deliverables Pre -Installation Tasks • Project Preparation • Internal Kickoff • Customer Kickoff • Design, Preparation and Planning (including customer input) o Server Host Placement o Storage Array Placement o iSCSI Switches o Veeam o VMware o Backup Target o Migration Phase 1(Primary Site) (200 Hours) Infrastructure Installation • Physical Equipment Logistics • Inventory equipment • Rack equipment per design • Cable equipment per design Page 11 w E m a k e IT E a s i e r for you Retrofit Existing Core Network • Install 10GbE modules into 2 x HPE Aruba 5406 z12 switches • Install transceivers • Assist with point-to-point installation from contracted provider Install and Configure dHCI Infrastructure • Ensure fan kits and power supplies are installed, seated, and functioning per manufacturer specifications • Cable power supplies to balance the load between existing A&B PDUs. • Install and configure 6 x HPE DL Gen10 Servers into rack • Cable 2 x 25GbE ports per dHCI node to each SN2010m switch • Cable 2 x 10GbE ports per dHCI node to each module on core switch • Use temporary VMware Enterprise Plus keys (will migrate City owned keys from old environment once data migration is complete) • Upgrade vSphere 6 license keys to vSphere 7 • Register dHCI with HPE InfoSight HPE Mellanox SN2010m iSCSI Switches (Qty 2) • Install and configure 2 x Mellanox SN2010m iSCSI switches • Cable 2 x 1GbE management ports on SN2010m to existing 2 x 1GbE ports on core switch • Create 100GbE trunk between 2 x SN2010m iSCSI switches • Install 8 x SFP+ transceivers into each iSCSI switch • Create new vLAN on each switch o iSCSI—A o iSCSI_B o Management o Create counters for iSCSI network o Label all ports Install and configure 1 x HPE Alletra 6050 Storage Array • Install and cable Alletra 6050 • Connect 4 x 1GbE management/replication to core network • Connect 4 x 25GbE iSCSI cables to SN2010m iSCSI switches • Initialize and name Alletra (out of box procedure) • Configure management/replication ports • Configure iSCSI ports • Create hosts and host sets Page 12 w E m a k E IT easier for y o u • Create volumes (LUNs) • Map volumes to host/host sets VMware vSphere 7.x • Prepare ESX host servers • Install HPE OEM build of VMware ESXi 7.x operating system on each dHCI node • Install new instance VMware vCenter Standard 7.x • Configure VMware vCenter • Configure distributed switching • Install and configure vSphere Enterprise Plus licensing • Configure all management and server vLANs on virtual switches • Configure iSCSI network on virtual switches Backup Target • Install and configure Veeam Proxy/Transport • Install and configure StoreOnce • Integrate into data and iSCSI networks • Create retention policies and backup jobs based on requirements • Configure backup jobs to support all migrated virtual machines from old environment • Test Backup/Restore Phase 2 (Secondary Site) (165 Hours) Infrastructure Installation • Physical Equipment Logistics • Inventory equipment • Rack equipment per design • Cable equipment per design Install and Configure Firewalls • Install and configure 2 x Palo Alto 440 firewalls • Connect firewalls to SN2010m • Setup IP scheme for all vlans and traffic • Install and configure all licenses • Configure datacenter WAN uplink • Configure point-to-point uplink (replication traffic) • Test routing of equipment through datacenter WAN uplink Install and Configure dHCI Infrastructure Page 13 w e ma k e IT easier for y o u • Ensure fan kits and power supplies are installed, seated, and functioning per manufacturer specifications • Cable power supplies to balance the load between existing A&B PDUs. • Install and configure 4 x HPE DL360 Gen10 Servers into rack • Cable 2 x 25GbE ports per dHCI node to each SN2010m switch • Cable 2 x 10GbE ports per dHCI node to each module on core switch • Use temporary VMware Enterprise Plus keys (will migrate City owned keys from old environment once data migration is complete) • Upgrade vSphere 6 license keys to vSphere 7 • Register dHCI with HPE InfoSight HPE Mellanox SN2010m iSCSI Switches (Qty 2) • Install and configure 2 x Mellanox SN2010m iSCSI switches • Cable 2 x 1GbE management ports on SN2010m to existing 2 x 1GbE ports on core switch • Create 100GbE trunk between 2 x SN2010m iSCSI switches • Install 8 x SFP+ transceivers into each iSCSI switch • Create new vLAN on each switch o iSCSI_A o iSCSI B o Management o Server vLAN(s) o Create counters for iSCSI network o Label all ports Install and configure 1 x HPE Storage Array • Install and cable storage array • Connect 4 x 1GbE management/replication to core network • Connect 4 x 25GbE iSCSI cables to SN2010m iSCSI switches • Initialize and name storage array (out of box procedure) • Configure management/replication ports • Configure iSCSI ports • Create hosts and host sets • Create volumes (LUNs) • Map volumes to host/host sets VMware vSphere 7.x • Prepare ESX host servers • Install HPE OEM build of VMware ESXi 7.x operating system on each dHCI node Page 14 ujc= ma kE IT easier for you • Install new instance VMware vCenter Standard 7.x • Configure VMware vCenter • Configure distributed switching • Install and configure vSphere Enterprise Plus licensing • Configure all management and server vLANs on virtual switches • Configure iSCSI network on virtual switches Backup Target • Install and configure Veeam Proxy/Transport • Install and configure StoreOnce • Integrate into data and iSCSI networks Phase 3 (80 Hours) Integrate Primary and Secondary sites • Test point-to-point network connectivity • Configure array -based replication using a test LUN and test server • Test bringing the server online in the secondary site • Validate test server in secondary site routes traffic through datacenter WAN link • Test failover from primary sit to secondary site • Send a Veeam copy job to secondary site and bring servers online • Test backup immutability Phase 4 (110 Hours) Data Migration • Validate dHCI environment is on the same management network as existing environment • Validate Storage vMotion is functioning correctly • 100% of the migration will occur over the network • Migrate non -mission critical virtual machines from legacy c7000 and 3par to dHCI infrastructure • Ensure test migration is successful before proceeding on the remainder of the virtual machines Retrofit Nimble arrays with iSCSI cards • Install (1) dual/quad port iSCSI card in each Nimble array • Shutdown the virtual machines running on the volumes presented over fiber channel. • Remove them from vCenter inventory • Unmount the volumes presented to ESXi servers over fiber channel • Mount the volumes to dHCI over iSCSI • Add virtual machines into vCenter inventory • Power virtual machines on Page 15 !IFW S ake*IT easier for you Phase 5 VMware Upgrade from vSphere 7.0.3 Update 3 to vSphere 8 • Upgrade vCenter at primary and secondary site • Upgrade 6 dHCI nodes to vSphere 8 at primary site • Upgrade 4 dHCI nodes to vSphere 8 at secondary site • Upgrade VMware tools and virtual hardware on all virtual servers Phase 6 (160 Hours) VMware Horizon Infrastructure • Setup new VMware Horizon 8 infrastructure • Install and configure redundant UAGs • Install and configure redundant connection servers • Install and configure licensing and additional items • Install and configure App Volumes/DEM • Install and configure WS1 and IDMC • Install and configure SQL Server • Configure and update desktop pools, desktops, assignments and entitlements as needed • Decommission VMware Horizon 7 environment. Phase 7 (40 Hours) Decommission Legacy Chassis and 3par • Ensure all data has been evacuated from legacy infrastructure • Delete all LUNs and power off 3par • Power off blade servers and chassis • Decommission and power off existing Fiber Channel switches • Present a quote for removal and a -waste Phase 8 (40 Hours) Training and Documentation • Provide systems documentation • Provide turnover training Page 16 Rol �e mike IT easier for you IMPLEMENTATION APPROACH Helixstorm will utilize a multi -phased approach to deploy the entire solution. Project Management occurs throughout the project. These phases are outlined as follows: Phase Activities Analysis and Design / Project Kickoff I Project Initiation Duration of this phase is dependent on equipment Customer Kickoff lead times and customer scheduling Facilities confirmation (Power, Climate, Network) Project Plan Design document Project Installation Services Deliverables and Installation Tasks Knowledge Transfer/Documentation Walk through basic functionality and administration of installed equipment and services. Project Closure and Signoff Completion / Project Acceptance Page 17 Luc make IT Easier for you ROLES & RESPONSIBILITIES Resources Helixstorm will provide day-to-day project management for the overall implementation activities to ensure work is completed in accordance with project objectives. Helixstorm anticipates involvement by the following team members: ❑ Project Manager ❑ Technical Consultant(s) The City of Temecula Resources & Obligations Helixstorm assumes that The City of Temecula will provide a part-time, day-to-day project point -of - contact person who will be Helixstorm primary contact and liaison. This person is solely responsible for all critical and non -critical engagement tasks including, but not limited to, the following: ❑ Scheduling meetings & interviews with The City of Temecula personnel ❑ Reserving The City of Temecula facilities (conference rooms, labs, etc.) ❑ Providing all requisite documentation and diagrams ❑ Providing any necessary escalation activity ❑ Reviewing & agreeing to all Customer Acceptance Criteria specified Assumptions 1. The City of Temecula is responsible for procuring all required Microsoft OS licensing and media 2. The City of Temecula will provide VPN access to the environment to enable Helixstorm to perform remote services should they be necessary after the initial onsite implementation 3. The City of Temecula will provide the appropriate amount of network connections 4. The legacy infrastructure (SAN and servers) must have a valid support contract with the manufacturer 5. Must have a valid and functional backup of each server before migration services commence 6. Only the gold image will be transferred to the new environment. No updates or modifications will be performed to the gold image. Any application that is not installed on the gold image that needs to be added will require a change in scope form. 7. All hardware and software must be under a valid support contract and eligible for upgrade. 8. Administrative credentials to all network resources will be provided and stored securely in Helixstorm's provided information management system. Page 18 e rn = IT easier for you PRICING' Pricing Pricing is a fixed price contract; the price is preset and invariable and covers the scope and assumptions as described above. Element Price Implementation Services —fixed fee and includes project management $200,000 Travel and Expenses $5,000 Total $ 205,000 Payment Terms Purchase — Services o The City of Temecula has taken out a lease and will make a single payment, per year, to Hewlett Packard Enterprise Financial Services. The payment will be due on June 1. Travel and Expenses Travel and expenses are included within the scope of the statement of work to cover airfare, hotel, transportation, and meals when implementing the secondary site in Colorado. Project Acceptance Upon completion of all Helixstorm tasks and deliverables contained in the SOW, Helixstorm will provide The City of Temecula with a Project Delivery Acceptance Form (DAF) for signature. The City of Temecula will have 30 business days to return the signed DAF or a written response notifying Helixstorm of any outstanding or incomplete Helixstorm task or deliverables. If The City of Temecula fails to respond after 30 business days Helixstorm shall deem the project accepted by The City of Temecula. 1 Pricing is valid through May 31, 2023 Page 19 w IT easier for y o u Project Change Control Procedure • Any changes in the scope of work as defined in this document shall require a revised Statement of Work or an authorized Project Change Request and may result in changes to the project schedule, customer responsibilities or other terms of this SOW. • In the event a change order is required to properly complete the project that was not already specified under the scope of work, a Change Order Request shall be submitted along with the additional scope of work and amounts required to complete the work. The Change Order Request shall be agreed and approved by both parties and signed by Customer's Commercial Department. The Change Order Request will include but is not limited to: a. Date of requested Change b. Scope of Work C. Deliverables d. Number of Hours e. Price f. Completion Date • If the change order is for a significant amount of work, anew Statement of Work maybe required at a fixed cost to be agreed by both parties. Page 20 L ke*IT easier for you CUSTOMER ACCEPTANCE This Proposal, including any exhibits and appendices, constitutes the entire agreement between Helixstorm and The City of Temecula, and supersedes any previous communications, representations or agreements between the parties, whether oral or written, regarding transactions hereunder. Signature Signing below indicates The City of Temecula's acceptance of this Proposal. Helixstorm The City of Temecula Signature: Signature: Name: Name: Title: Title: Date: Date: Page 21 w m a k E IT easier for you WvM LIMITATIONS Upon depletion of consulting time identified in this document, completion of tasks outlined, or written request by the customer to terminate this agreement, this consulting engagement shall be considered complete. Limitation of Liability (HELIXSTORM) - TOTAL LIABILITY TO CUSTOMER OR TO ANY THIRD PARTY UNDER THIS AGREEMENT FOR ANY CAUSE WHATSOEVER IS LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER UNDER THIS AGREEMENT, OR CHARGED TO THE CUSTOMER, FOR THE SERVICES THAT GAVE RISE TO SUCH LIABILITY. HELIXSTORM SHALL IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL OR SIMILAR DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUES, LOSS OF DATA, OR FOR THE EXCESS COST OF REPLACEMENT SERVICES AND THE LIKE, EVEN IF HELIXSTORM HAS BEEN ADVISED OF THE LIKELIHOOD OF THE OCCURRENCE OF SUCH DAMAGES. Page 22 City Hall ESXi servers uplink back to IOGbps core Physical Veeam Proxy (6) DL360 GenlO dHCI servers for ESXi SN2010m Switches - iSCSI Alletra 6050 Storeonce 5260 with (2) Upgrade Kits - 384TB Databank (Denver) 1100 Mbps Internet ®M 1(2) PAN Firewall -440 (4) DL360 GenlO dHCI servers for ESXi ® ® I IsN201 Om all network traffic Alletra 5030 0 24TB Flash :jd replication 126TB Disk Backup Copy Job_► ' HPE Storeonce 5260 192TB Upgrade Kit Point -to -Point 250Mbps F"" Page 1 DATABANK 1. The Master Service Agreement ("MSA") between DataBank Holdings Ltd. or its applicable "Local Entity" (collectively "DataBank") is hereby incorporated into this Order Form and made a part thereof, and Customer and DataBank agree to be bound as if such MSA were fully set forth herein. DataBank may assign or delegate its performance under this Order Form, including through the assignment or delegation to a "Local Entity". Such Local Entity will perform the Services in accordance with, and subject to, the terms and conditions of this Order Form and the MSA. DataBank may act as agent for such Local Entity, and in such capacity will invoice Customer for Services rendered, manage Service delivery hereunder and may exercise and enforce other rights on behalf of such Local Entity. "Local Entity" means a partnership, corporation, or other legal entity that now or in the future, directly or indirectly controls, is controlled with or by or is under common control with DataBank and such legal entity is authorized to provide the applicable Services. For purposes of the foregoing, "control" means, with respect to: (a) a corporation, the ownership, directly or indirectly, of fifty percent (50%) or more of the voting power to elect directors thereof and (b) any other entity, fifty percent (50%) or more ownership interest in said entity, of the power to direct the management of such entity. 2. Unless otherwise stated elsewhere in the MSA or this Order Form, upon the expiration of the initial term of this Order Form, the term of this Order Form will continue automatically for additional terms equal to the initial term (each a "Renewal Term") unless Customer or DataBank notifies the other party in writing at least ninety (90) days prior to the end of the then -current term, that it has elected to terminate this Order Form, in which case this Order Form shall terminate at the end of such term. 3. In support of DataBank meeting the target Service Commencement Date provided by DataBank, Customer specifically acknowledges that Customer is responsible for performing its obligations specified in this Order Form and the MSA ("Customer Requirements"). Customer acknowledges that any delay in Customer providing such Customer Requirements may delay DataBank from completing work at any location. In the event that Customer has not provided the Customer Requirements in time to allow DataBank to complete work at any location on or before the target Service Commencement Date, then DataBank may continue with any remaining acceptance procedures within DataBank's control and deem the Services delivered and accepted upon notice to Customer. The date of such notice to Customer shall be the Service Commencement Date. MASTER SERVICES AGREEMENT THIS MASTER SERVICES AGREEMENT (the "MSA") between DataBank Holdings Ltd., a Texas limited partnership with offices at 400 South Akard, Suite 100, Dallas, Texas 75202 ("DataBank") and a corporation with offices at ("Customer") is made effective as of the date indicated below the Customer signature on the initial Order Form submitted by Customer and accepted by DataBank. ARTICLE 1 —INTRODUCTION 1.1 General. This MSA sets forth the terms and conditions of DataBank's delivery and Customer's receipt of any or all of the Services provided by DataBank, including Professional Services. The specific Services to be provided under this MSA are identified in the Order Forms and/or Statements of Work submitted by Customer and accepted by DataBank and described in detail in the Order Forms and/or Statements of Work attached to each Order Form. The service levels DataBank will provide to Customer for each Service ordered, other than Professional Services, are defined in detail in the Service Level Agreements. Each Service Level Agreement and Order Form submitted, accepted and executed by both parties is hereby incorporated by reference into this MSA. This MSA is intended to cover any and all Services ordered by Customer and provided by DataBank. Any terms set forth in this MSA which apply specifically to Services not ordered by Customer, will not apply to Customer. If Customer and DataBank or any of its affiliated entities are party to an agreement pursuant to which services are provided to Customer (the "Prior MSA"), then the parties hereby expressly agree that the Prior MSA is hereby terminated and superseded in its entirety by this MSA, and any Service Orders previously issued under the Prior MSA that are in effect are subject to the terms and conditions set forth in this MSA. 1.2 Definitions. Capitalized terms used and not elsewhere defined in this MSA, have the meanings given them in Schedule A to this MSA. ARTICLE 2 — DELIVERY OF SERVICES AND TERM 2.1 Delivery of Services. (a) General. By submitting an Order Form, Customer agrees to take and pay for, and, by accepting the Order Form, DataBank agrees to provide, the Services specified on the Order Form during the Initial Term and for any Renewal Term, as specified in Section 2.2(b). Billing for individual Services will begin as set out on the applicable Order Form. If no time is set out on an Order Form, billing will begin on the Service Commencement Date. Page 2 2.2 Term of Services (a) Commencement of Initial Term. The term for each Service will commence on the Service Commencement Date and continue for the Initial Term. (b) Renewal Terms. Each Service will continue automatically for additional terms equal to the Initial Term ("Renewal Term") unless Customer or DataBank notifies the other party in writing at least ninety (90) days prior to the end of the Initial Term or a Renewal Term, as applicable, that it has elected to terminate such Service, in which case such Service shall terminate at the end of such term. The termination of any Service will not affect Customer's obligations to pay for other Services. Notwithstanding the foregoing, DataBank may change the term or change or increase the prices it charges Customer for any Service at any time after the Initial Term and effective ninety (90) days after providing written notice to Customer. Except as otherwise expressly provided in this MSA, DataBank is obligated to provide and Customer is obligated to pay for each Service through its Initial Term and any Renewal Term. (c) Utility Rate Increases. Customer acknowledges that DataBank may increase power charges at a rate proportional to utility rate increases during the Initial Term or any Renewal Term. ARTICLE 3 — PAYMENT TERMS FOR FEES AND EXPENSES 3.1 Fees and Expenses. Customer will pay all fees and expenses due according to the prices and terms listed in the Order Forms. The prices listed in the Order Forms will be increased by three percent (3%) per annum during the Initial Term indicated in the Order Forms and any Renewal Term thereof to cover increased costs associated with operating the DataBank Data Centers. 3.2 Payment Terms. On the Service Commencement Date for each Service, Customer will be billed an amount equal to all non- recurring charges indicated in the Order Form and the monthly recurring charges for the first month of the term. Monthly recurring charges for all other months will be billed in advance of the provision of Services. All other charges for Services received and expenses incurred during a month (e.g., time and materials billing fees, etc.) will be billed at the end of the month in which the Services were provided. Payment for all fees and expenses is due within thirty (30) days from the date of each DataBank invoice ("Due Date"). All payments will be made in the United States in U.S. dollars. 3.3 Late Payments. Any payment not received within by the Due Date will accrue interest at a rate of one and one half percent (1 'h%) per month, or the highest rate allowed by applicable law, whichever is lower. 3.4 Billing Disputes. If Customer in good faith disputes any portion of any DataBank invoice, Customer shall submit to DataBank, by the due date, full payment of the undisputed portion of the invoice and written documentation identifying and substantiating the disputed amount. If Customer does not report a dispute within sixty (60) days following the date of the applicable invoice pursuant to this Article 3.4, Customer shall have waived its right to dispute the invoice and all charges therein shall be deemed true and correct and due and owing. DataBank and Customer agree to use their respective commercially reasonable efforts to resolve any dispute within thirty (30) days after DataBank receives written notice of this dispute from Customer. Any disputed amounts resolved in favor of Customer shall be credited to Customer's account on the next invoice following resolution of the dispute. Any disputed amounts determined to be payable to DataBank shall be due within ten (10) days of the resolution of the dispute. 3.5 Taxes. All fees charged by DataBank for Services are exclusive of all regulatory fees, surcharges, taxes and similar fees now in force or enacted in the future imposed on the transaction or the delivery of Services, all of which Customer will be responsible for and will pay in full, except for franchise taxes and taxes based on DataBank's net income. ARTICLE 4 — CONFIDENTIAL INFORMATION; INTELLECTUAL PROPERTY OWNERSHIP; LICENSE GRANTS 4.1 Confidentiallnformation (a) Nondisclosure of Confidential Information. Each party acknowledges that it will have access to certain confidential information of the other party concerning the other party's business, plans, customers, technology, and products, and other information held in confidence by the other party ("Confidential Information"). Confidential Information will include all information in tangible or intangible form that is marked or designated as confidential or that, under the circumstances of its disclosure, should be considered confidential. Confidential Information will also include, but not be limited to, DataBank Technology, Customer Technology, and the terms and conditions of this MSA and all documents incorporated by reference into this MSA. Each party agrees that it will not use in any way, for its own account or the account of any third party, except as expressly permitted by, or required to achieve the purposes of, this MSA, nor disclose to any third party (except as required by law or to that party's attorneys, accountants and other advisors as reasonably necessary), any of the other party's Confidential Information. Each party also agrees that it will take reasonable precautions to protect the confidentiality of the other party's Confidential Information, at least as stringent as it takes to protect its own Confidential Information. (b) Exceptions. Information will not be deemed Confidential Information under this MSA if such information: (i) is known to the receiving party prior to receipt from the disclosing party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party; (ii) becomes known (independently of disclosure by the disclosing party) to the receiving party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party; (iii) becomes publicly Page 3 known or otherwise ceases to be secret or confidential, except through a breach of this MSA by the receiving party; or (iv) is independently developed by the receiving party. The receiving party may disclose Confidential Information pursuant to the requirements of a governmental agency or by operation of law or legal procedure, provided that it gives the disclosing party reasonable prior written notice sufficient to permit the disclosing party to contest such disclosure unless (i) such disclosure is prohibited by law; or (ii) a government agency requests that no disclosure be made to the disclosing parry. 4.2 Intellectual Property. (a) Ownership. Except for the rights expressly granted in this MSA, this MSA does not transfer from DataBank to Customer any DataBank Technology, and all right, title and interest in and to DataBank Technology will remain solely with DataBank. Except for the rights expressly granted in this MSA, this MSA does not transfer from Customer to DataBank any Customer Technology, and all right, title and interest in and to Customer Technology will remain solely with Customer. DataBank and Customer each agrees that it will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from the other party. (b) General Skills and Knowledge. Notwithstanding anything to the contrary in this MSA, DataBank will not be prohibited or enjoined at any time by Customer from utilizing any skills or knowledge of a general nature acquired during the course of providing the Services, including, without limitation, information publicly known or available or that could reasonably be acquired in similar work performed for another customer of DataBank. ARTICLE 5—DATABANK REPRESENTATIONS AND WARRANTIES 5.1 General. (a) Authority and Performance of DataBank. DataBank represents and warrants that (i) it has the legal right and authority to enter into this MSA and perform its obligations under this MSA, and (ii) the performance of its obligations and delivery of the Services to Customer will not violate any applicable U.S. laws or regulations, including OSHA requirements, or cause a breach of any agreements with any third parties. In the event of a breach of the warranties set forth in this Section 5.1(a), Customer's remedy, in addition to any other remedies available at law or in equity, is termination pursuant to Article 10. 5.2 Service Warranties. (a) Service Level Warranty. Subject to the exceptions set forth in the Service Level Agreement applicable to a specific Service, DataBank warrants that it will provide each Service at or above the service levels defined in the applicable Service Level Agreement (the "Service Level Warranty'). (b) Remedies. In the event that DataBank fails to provide a Service at the level required by the Service Level Warranty, Customer's only remedies are those set forth in the Service Level Agreement applicable to that Service (the "Remedies"). (c) Customer Must Request Remedies. In order to receive any of the Remedies, Customer must notify DataBank in writing within thirty (30) days from the time Customer becomes eligible to receive such Remedies. Failure to comply with this requirement will forfeit Customer's right to receive such Remedies. (d) Remedies Shall Not Be Cumulative; Maximum Remedy. The Remedies set forth in each Service Level Agreement are not cumulative. The aggregate maximum Remedy for any and all failures to provide Services at the level required by a particular Service Level Agreement that occur in a single calendar month shall not exceed the maximum set forth in such Service Level Agreement. (e) Termination Option for Chronic Problems. Customer may terminate a specific Service if the Customer experiences Chronic Problems (as defined in the applicable Service Level Agreement) with such Service. Customer must provide DataBank written notice of termination for Chronic Problems as specified in the Service Level Agreement and such termination will be effective as provided in the Service Level Agreement. (f) THE SERVICE LEVEL WARRANTY SET FORTH IN THIS SECTION 5.2 DOES NOT APPLY TO (1) ANY PROFESSIONAL SERVICES; (11) ANY SUPPLEMENTAL SERVICES; OR (III) ANY SERVICES THAT EXPRESSLY EXCLUDE THIS SERVICE LEVEL WARRANTY (AS STATED IN THE SERVICE LEVEL AGREEMENTS FOR SUCH SERVICES). (g) System Maintenance. Except for Emergency Maintenance, in the event DataBank determines that it is necessary to perform maintenance that has the potential for Service to be interrupted for the performance of system maintenance, DataBank will notify Customer ten (10) days prior to the performance of such maintenance and will schedule such maintenance during non -peak hours (midnight to 6:00 A.M. local time). In no event shall interruption for system maintenance constitute a failure of performance by DataBank. (h) Software License. Any third party software license provided to Customer is provided with "Restricted Rights" applicable to private and public licensees, including restrictions on use, duplication or disclosure by the U.S. Government as set forth in this Agreement and as provided in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Page 4 (i) Third Party Solutions. Customer agrees and acknowledges that Customer may purchase, install or utilize certain third party applications, products, services, or software ("Third Party Solutions") through DataBank with the Services. These Third Party Solutions are provided to Customer "AS IS" and are governed by the third party's own terms of service (including any required payments) and privacy policies as set forth by that third party. DataBank does not endorse and is not responsible or liable for, directly or indirectly, and makes no representations or warranties and provides no indemnification for the services or features provided by any Third Party Solutions that Customer may choose to install, notwithstanding any language to the contrary in this Agreement, any Order Form, Statements of Work or Service Level Agreement. DataBank is not liable for Customer's reliance on the privacy practices, data security processes or other policies of such Third Party Solutions. DATABANK DOES NOT MANAGE OR PROVIDE CUSTOMER SUPPORT OR ASSISTANCE WITH RESPECT TO THE THIRD PARTY SOLUTIONS, UNLESS PREVIOUSLY AGREED IN WRITING BY THE PARTIES, AND DATABANK IS NOT RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY DAMAGES OR LOSSES ALLEGED OR CAUSED IN CONNECTION WITH THE USE OF, OR RELIANCE UPON, ANY THIRD PARTY SOLUTIONS. 0) Customer Solutions. To the extent that Customer uses its own applications, products, services, software ("Customer Solutions") in conjunction with the Services, then DataBank shall not be responsible or liable in any way for any damage or loss alleged, or caused, in connection with the use of or reliance upon of any Customer Solutions. 5.3 Service Performance Warranty. DataBank warrants that it will perform the Services in a manner consistent with industry standards reasonably applicable to the performance thereof. 5.4 No Other Warranty. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN ARTICLE 5, THE SERVICES AREPROVIDED ON AN "AS IS" BASIS, AND CUSTOMER'S USE OF THE SERVICES IS AT ITS OWN RISK. DATABANK DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. DATABANK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR -FREE, OR COMPLETELY SECURE. 5.5 Disclaimer of Actions Caused by or Under the Control of Third Parties. DATABANK DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM DATABANK'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH DATABANK WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, DATABANK CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, DATABANK DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. ARTICLE 6 — CUSTOMER REPRESENTATIONS, WARRANTIES AND OBLIGATIONS 6.1 Representations and Warranties of Customer (a) Authority and Performance. Customer represents and warrants that (i) it has the legal right and authority to enter into this MSA and perform its obligations under this MSA, and (ii) the performance of its obligations and use of the Services (by Customer, its customers and users) will not violate any applicable laws, regulations or the Acceptable Use Policy or unreasonably interfere with other DataBank customers' use of DataBank services. (b) Breach of Warranties. In the event of any breach of any of the foregoing warranties, in addition to any other remedies available at law or in equity, DataBank will have the right, in its sole reasonable discretion, to suspend immediately any related Services if deemed reasonably necessary by DataBank to prevent any harm to DataBank and its business. DataBank will provide notice and opportunity to cure if practicable depending on the nature of the breach. Once cured, DataBank will promptly restore the Services. 6.2 Compliance with Law and Acceptable Use Policy. Customer agrees that it will use the Services only for lawful purposes and in accordance with this MSA. Customer will comply at all times with all applicable laws and regulations and the Acceptable Use Policy, as updated by DataBank from time to time at http://www.databank.com/legal/aup. The Acceptable Use Policy are incorporated into this MSA by reference. DataBank may change the Acceptable Use Policy upon fifteen (15) days' written notice to Customer. In the event that said change materially and adversely impacts Customer use or ability to use Services hereunder, then Customer may terminate the affected Service upon thirty (30) days written notice to DataBank. Customer agrees that it has received, read and understands the current version of the Acceptable Use Policy. The Acceptable Use Policy contains restrictions on Customers and Customer's users' online conduct (including prohibitions against unsolicited commercial email). Customer agrees to comply with such restrictions in accordance with the Acceptable Use Policy. Customer acknowledges that DataBank exercises no control whatsoever over the content of the information passing through Customer's sites and that it is the sole responsibility of Customer to ensure that the information it and its users transmit and receive complies with all applicable laws and regulations and the Acceptable Use Policy. 6.3 Accesses and Security. Customer's access to the DataBank Data Centers will be limited solely to the Representatives identified by the Customer to DataBank in writing or entered by Customer into the DataBank Web Portal. If Customer is in breach under this Agreement or otherwise not in compliance with the terms of this Agreement, DataBank's prior written consent, which may be granted in DataBank's sole discretion, will be required for any such access. Page 5 6.4 Restrictions on Use of Services. Customer shall not, without the prior written consent of DataBank, which will not be unreasonably withheld, resell the Services to any third parties. 6.5 "Distributed Denial of Service Attack" (`DDoS Attack'). DataBank shall assign Internet Protocol ("IP") address space for Customer use during the term of this Agreement. DataBank shall retain ownership of all such IP addresses at all times. Unless Customer has subscribed to DataBank DDoS Service, in the event Customer is subject to a DDoS Attack, it may be necessary to limit or stop all Customer data transfer including Null Routing of all inbound and outbound Customer internet traffic. If this occurs, DataBank will use commercially reasonable efforts to contact Customer. DataBank will attempt to limit the time in which Customer's data transfer is restricted, but this type of restriction will not be a breach of this Agreement. ARTICLE 7 — INSURANCE 7.1 DataBank Minimum Levels. DataBank agrees to keep in full force and effect during the term of this MSA: (i) comprehensive general liability insurance in an amount not less than $2 million per occurrence for bodily injury and property damage, (ii) workers' compensation insurance including employer's liability insurance in an amount not less than $1 million per occurrence, and (iii) hired and non -owned automobile liability insurance in an amount not less than $1 million per occurrence. Where not specifically prohibited by law, all policies shall contain waiver of subrogation. DataBank agrees that it will ensure and be solely responsible for ensuring that its contractors and subcontractors maintain insurance coverage at levels no less than those required by applicable law and customary in DataBank's and its agents' industries. 7.2 Customer Minimum Levels. In order to provide customers with physical access to facilities operated by DataBank and equipment owned by third parties, DataBank is required by its insurers to ensure that each DataBank customer maintains adequate insurance coverage. Customer agrees to keep in full force and effect during the term of this MSA: (i) comprehensive general liability insurance in an amount not less than $2 million per occurrence for bodily injury and property damage, (ii) workers compensation insurance including employer's liability insurance in an amount not less than $1 million per occurrence, and (iii) and "All Risk" property insurance covering all of Customer's equipment in an amount not less than its full replacement cost. If Customer is purchasing Managed or Cloud Services, Customer must additionally obtain professional liability insurance and standard form property insurance, including business interruption and electronic data processing media insurance, in each case in the amount not less than $1 million per occurrence. Where not specifically prohibited by law, all policies shall contain waiver of subrogation. Customer shall notify DataBank in writing at least thirty (30) days in advance of cancellation or reduction in coverage. Customer agrees that it will ensure and be solely responsible for ensuring that its agents (including contractors and subcontractors) maintain insurance coverage at levels no less than those required by applicable law and customary in Customer's and its agents' industries. 7.3 Certificates of Insurance; Naming DataBank as an Additional Insured. Prior to any access of the DataBank Data Centers by any Representative or other agent or employee of Customer, Customer will (i) deliver to DataBank certificates of insurance which evidence the minimum levels of insurance set forth above; and (ii) cause its insurance providers to name DataBank as an additional insured and notify DataBank in writing of the effective date thereof. ARTICLE 8 —LIMITATIONS OF LIABILITY 8.1 Personal Injury. EACH REPRESENTATIVE AND ANY OTHER PERSON VISITING A DATABANK DATA CENTER DOES SO AT ITS OWN RISK. NEITHER PARTY ASSUMES LIABILITY WHATSOEVER FOR ANY HARM TO SUCH PERSONS RESULTING FROM ANY CAUSE OTHER THAN THE PARTY'S NEGLIGENCE OR WILLFUL MISCONDUCT. 8.2 Consequential Damages Waiver. EXCEPT FOR A BREACH OF SECTION 4.1 ("CONFIDENTIAL INFORMATION") OF THIS MSA, IN NO EVENT WILL EITHER PARTY BE LIABLE OR RESPONSIBLE TO THE OTHER FOR ANY TYPE OF INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. FURTHER, NO CAUSE OF ACTION WHICH ACCRUED MORE THAN TWO (2) YEARS PRIOR TO THE FILING OF A SUIT ALLEGING SUCH CAUSE OF ACTION MAY BE ASSERTED AGAINST DATABANK. 8.3 LIMITATION OF ACTUALS. DATABANK'S TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL MONTHLY RECURRING CHARGES RECEIVED BY DATABANK FROM CUSTOMER OVER THE PRECEDING SIX (6) MONTHS FOR THE AFFECTED SERVICES. ARTICLE 9 — INDEMNIFICATION 8.1 Indemnification. Each party will indemnify, defend and hold the other harmless from and against any and all costs, liabilities, losses, and expenses (including, but not limited to, reasonable attorneys' fees) (collectively, "Losses") resulting from any claim, suit, action, or proceeding (each, an "Action") brought by any third party against the other or its affiliates alleging (i) the infringement or misappropriation of any intellectual property right relating to the delivery or use of the Services (but excluding any infringement contributorily caused by the other party); (ii) tangible property or personal injury caused by the negligence or willful misconduct of the other party; and (iii) any violation of or failure to comply with the Acceptable Use Policy. Customer will further indemnify, defend and hold DataBank and its affiliates Page 6 harmless from and against any and all Losses resulting from or arising out of any Action (i) brought against DataBank related to Customer's breach of this MSA or any Order Form, exhibit, schedule, or addendum hereto, or (ii) brought against DataBank, its affiliatesor customers alleging any damage or destruction to the DataBank Data Centers, DataBank equipment or other customers' equipment caused by the negligence or willful misconduct of Customer, its Representatives or designees. 8.2 Notice. Each party's indemnification obligations under this MSA shall be subject to (i) receiving prompt written notice of the existence of any Action; (ii) being able to, at its option, control the defense of such Action; (iii) permitting the indemnified party to participate in the defense of any Action; and (iv) receiving full cooperation of the indemnified party in the defense thereof. ARTICLE 10—TERMINATION 10.1 Termination by Customer For Cause. If DataBank fails to perform a particular Service under this MSA and does not remedy such failure within thirty (30) days following written notice from Customer (or such additional time which may be reasonably necessary to remedy such failure), Customer may terminate such Service without any further obligation to DataBank except for the payment of accrued but unpaid charges. If DataBank is unable to provide Service for thirty (30) consecutive days due to a Force Majeure event as defined in Section 11.1, Customer may terminate the affected Service without liability. 10.2 Termination by Customer for Convenience. Customer may, at any time and without cause, terminate any Service upon thirty (30) days written notice to DataBank, provided that Customer shall immediately pay DataBank (a) all charges forServices previously rendered, and (b) the monthly amount due for the terminated Services times the number of months remaining on theapplicable term. Customer acknowledges that DataBank will suffer damages if a Service is terminated prior to the expiration of the InitialTerm or any Renewal Term as the case may be and that the aforementioned payment is a genuine pre -estimate of liquidated damages that DataBank will suffer and not a penalty. 10.3 Termination by DataBank. DataBank may terminate this MSA or any Service with no further liability if (i) Customer fails to make payment as required under this MSA and such failure is uncorrected for ten (10) calendar days following written notice from DataBank, or (ii) Customer fails to perform any other material obligation under this MSA and does not remedy such failure within thirty (30) days following written notice from DataBank or (iii) Customer files for bankruptcy or reorganization (voluntary or involuntary) (hereinafter collectively referred to as "Customer Default'). In the event of a Customer Default, DataBank shall have the right to: (i) suspend Service to Customer; (ii) cease processing or accepting orders for Service; and/or (iii) terminate this MSA or any Service. If DataBank terminates this MSA due to a Customer Default, Customer shall remain liable for all charges outlined in Section 10.2 herein. Customer agrees to pay DataBank's reasonable expenses (including attorney and collection agency fees) incurred in enforcing DataBank's rights in the event of a Customer Default. It is the express intent and understanding of the parties that, this MSA and Service Orders hereunder being one integrated agreement and not separate, severable contracts, Customer's rights to early termination of any Service is not a right to "reject", on an individual basis, any Service or any Service Order pursuant to federal bankruptcy laws. 10.4 Termination on Expiration of all Services. Either party may terminate this MSA, effective as of the date specified in written notice of termination provided to the other party, if all Services have been terminated in accordance with the procedures in Section 2.2(b) or if no Order Forms are in effect. 10.5 No Liability for Termination. Neither party will be liable to the other for any termination or expiration of any Service or this MSA in accordance with its terms. 10.6 Effect of MSA Termination. Upon the effective date of termination of this MSA: (a) DataBank will immediately cease providing the Services; (b) any and all payment obligations of Customer under this MSA for Services through any applicable term will immediately become due; (c) within ten (10) days of such termination, each party will return all Confidential Information of the other party in its possession and will not make or retain any copies of such Confidential Information except as required to comply with any applicable legal or accounting record keeping requirement; (d) Customer will pay to DataBank all expenses incurred by DataBank to return Customers' Confidential Information contained on Customer equipment or DataBank equipment, including, but not limited to, labor costs and the cost of storage media; and (e) DataBank, at its sole discretion, may remove any Customer Equipment from any DataBank facility or location where the Customer bears the cost of the removal and storage of the Equipment and risk of damage or loss related in any way to the removal of the Equipment. 10.7 Termination Assistance. Notwithstanding the provisions of Section 10.6, upon the termination of this MSA for any reason, DataBank will provide to Customer such termination assistance relating to the Services, at DataBank's then current standard rates, as may be reasonably requested in writing by Customer. DataBank's obligation to provide assistance pursuant to this Section 10.7 is limited to a period of fifteen (15) days (the "Assistance Period"). Customer will pay DataBank, on the first day of the Assistance Period and as a condition to DataBank's obligation to provide termination assistance to Customer during the Assistance Period, an amount equal to DataBank's reasonable estimate of the total amount payable to DataBank for such termination assistance for the Assistance Period. Page 7 10.8 Survival. The following provisions will survive any expiration or termination of this MSA: Articles 3, 8, 9, 10 and 11 (excluding Section 11.2) and Sections 4.1, 4.2, and 5.4. ARTICLE 11 —MISCELLANEOUS PROVISIONS 11.1 Force Majeure. Except for the obligation to make payments, neither party will be liable for any failure or delay in its performance under this MSA due to any cause beyond its reasonable control, including, but not limited to, acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act or failure of the Internet (not resulting from the actions or inactions of DataBank) (each a "Force Majeure Event'), provided that the delayed party: (a) gives the other party prompt notice of such cause, and (b) uses its reasonable commercial efforts to promptly correct such failure or delay in performance. 11.2 No Lease; MSA Subordinate to Master Lease. This MSA is a services agreement and is not intended to and will not constitute a lease of any real property. Customer acknowledges and agrees that (i) it has been granted only a license to use the DataBank Data Centers in accordance with this MSA; (ii) Customer has not been granted any real property interest in the DataBank Data Centers; and (iii) Customer has no rights as a tenant or otherwise under any real property or landlord/tenant laws, regulations, or ordinances. 11.3 Marketing. During the term of this MSA DataBank shall not publicly refer to Customer orally or in writing without the prior written consent of Customer, however, Customer agrees that DataBank may refer to Customer in communications with DataBank's bankers, accountants, and other service providers to the extent reasonably necessary. 11.4 Government Regulations. Customer will not export, re-export, transfer, or make available, whether directly or indirectly, any regulated item or information to anyone outside the U.S. in connection with this MSA without first complying with all export control laws and regulations which may be imposed by the U.S. Government and any country or organization of nations within whose jurisdiction Customer operates or does business. 11.5 Non -Solicitation. During the Term of this MSA and continuing through the first anniversary of the termination of this MSA, Customer agrees that it will not, and will ensure that its affiliates do not, directly, solicit for employment any persons employed by DataBank. 11.6 No Third Party Beneficiaries. DataBank and Customer agree that, except as otherwise expressly provided in this MSA, there shall be no third party beneficiaries to this MSA, including but not limited to the insurance providers for either party or the customers of Customer. 11.7 Governing Law; Dispute Resolution. This MSA and the rights and obligations of the parties created hereby will be governed by and construed in accordance with the internal laws of the State of Texas without regard to its conflict of law rules and specifically excluding from application to this MSA that law known as the United Nations Convention on the International Sale of Goods. The parties will reasonably endeavor to settle amicably by mutual discussions any disputes, differences, or claims whatsoever related to this MSA. Failing such amicable settlement, any controversy, claim, or dispute arising under or relating to this MSA, including the existence, validity, interpretation, performance, termination or breach thereof, shall finally be settled by a confidential arbitration in accordance with the Arbitration Rules (and if Customer is a non-U.S. entity, the International Arbitration Rules) of the American Arbitration Association ("AAA"). There will be three (3) arbitrators (the "Arbitration Tribunal'), the first of which will be appointed by the claimant in its notice of arbitration, the second of which will be appointed by the respondent within thirty (30) days of the appointment of the first arbitrator and the third of which will be jointly appointed by the party -appointed arbitrators within thirty (30) days thereafter. The language of the arbitration shall be English. The Arbitration Tribunal will not have the authority to award punitive damages to either party and shall be further limited by the terms of this MSA. Each party shall bear its own expenses, but the parties will share equally the expenses of the Arbitration Tribunal and the AAA. This MSA will be enforceable, and any arbitration award will be final, and judgment thereon may be entered in any court of competent jurisdiction. The arbitration will be held in Dallas, Texas, USA. Notwithstanding the foregoing, claims for preliminary injunctive relief, other pre -judgment remedies, and claims for Customer's failure to pay for Services in accordance with this MSA may be brought in a state or federal court in the United States with jurisdiction over the subject matter and parties. 11.8 Severability. In the event any provision of this MSA is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this MSA will remain in full force and effect. 11.9 Waiver. The waiver of any breach or default of this MSA, or the failure to exercise any right provided for in this MSA, will not constitute a waiver of any subsequent breach, default or right, and will not act to amend or negate the rights of the waiving or non - exercising party. 11.10 Assignment. Customer may assign this MSA in whole as part of a corporate reorganization, consolidation, merger, sale of all or substantially all of its assets, or transaction or series of related transactions that results in the transfer of fifty percent (50%) or more of the outstanding voting power of Customer, provided that any such assignee agrees to be bound by the terms and conditions of this Agreement. Customer may not otherwise assign its rights or delegate its duties under this MSA either in whole or in part without the prior written consent of DataBank, and any attempted assignment or delegation without such consent will be void. DataBank may assign this MSA in whole or part. DataBank also may delegate the performance of certain Services to third parties, including DataBank's wholly owned subsidiaries. This MSA will bind and inure to the benefit of each party's successors and permitted assigns. 11.11 Notice. Any notice or communication required or permitted to be given under this MSA may be delivered by hand, deposited with an overnight courier, or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the address Page 8 of the receiving party as listed on the Order Form or at such other address as may hereafter be furnished in writing by either party to the other party. Such notice will be deemed to have been given as of the date it is delivered, mailed, or sent, whichever is earlier. 11.12 Relationship of Parties. DataBank and Customer are independent contractors and this MSA will not establish any relationship of partnership, joint venture, employment, franchise, fiduciary, or agency between DataBank and Customer. Neither DataBank nor Customer will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent, except as otherwise expressly provided in this MSA. 11.13 Article and Section Headings; Pronouns; Plural and Singular. The article and section headings in this MSA are for reference purposes only and shall not affect the meaning or interpretation of this MSA. References in this MSA to a designated "Article" or "Section" refer to an Article or Section of this MSA unless otherwise specifically indicated. All pronouns used in this MSA shall be construed as including both genders and the neuter. All capitalized defined terms used in this MSA are equally applicable to their singular and plural forms. 11.14 Entire Agreement. This MSA, including schedules and all documents incorporated into this MSA by reference, constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all of the prior agreements and undertakings, both written and oral, among the parties, or any of them, with respect to the subject matter of this MSA. Any additional or different terms in any Order Form or other response by Customer shall be deemed objected to by DataBank without need of further notice of objection, and shall be of no effect or in any way binding upon DataBank. 11.15 Counterparts and Originals. This MSA may be executed in counterparts, which together shall constitute a single agreement. Delivery by telephonic facsimile or electronic mail transmission of a signed counterpart of this MSA shall be effective as delivery of a manually signed counterpart. Once signed, any reproduction of this MSA made by reliable means (e.g., photocopy, facsimile) is considered an original. 11.16 Amendments. This MSA may be amended or changed only by a written document signed by authorized representatives of DataBank and Customer in accordance with this Section 11.16. 11.17 Interpretation of Conflicting Terms. In the event of a conflict between or among the terms in this MSA, the Service Level Agreements, the Order Forms, Statements of Work and any other document made a part hereof, the documents shall control in the following order: the Order Form with the latest date, Statements of Work, the Service Level Agreements, this MSA and other documents. Page 9 Authorized representatives of Customer and DataBank have read the foregoing Master Services Agreement and all documents incorporated into the Master Services Agreement and agree and accept such terms effective as of the date first referenced above. CUSTOMER: Signature:_ Print Name: Title: Date: DATABANK: Signature: _ Print Name: Title: Date: This Master Services Agreement incorporates the following documents when applicable: • Service Orders • Service Level Agreements • Statements of Work • Schedule A - Definitions Page 10 DATABANK MASTER SERVICES AGREEMENT SCHEDULE A —DEFINITIONS The following defined terms are equally applicable in their singular and plural forms: a) "Acceptable Use Policy" means the DataBank general Acceptable Use Policy governing Customer's use of Services, including, but not limited to, online conduct, and the obligations of Customer and its Representatives in the DataBank Data Centers and available at http://www.databank.com/legal/aup. b)"Customer Equipment" or "Equipment" means computer and telecommunications equipment, or other such supporting equipment owned by Customer and placed in DataBank Data Center. c) "Customer Technology" means Customer's proprietary technology, including Customer's Internet operations design, content, software tools, hardware designs, algorithms, software (in source and object forms), user interface designs, architecture, class libraries, objects and documentation (both printed and electronic), know-how, trade secrets and any related intellectual property rights throughout the world (whether owned by Customer or licensed to Customer from a third party) and also including any derivatives, improvements, enhancements or extensions of Customer Technology conceived, reduced to practice, or developed during the term of this MSA by Customer. d) "DataBank Data Center" means any of the facilities used by DataBank to provide the Services. e) "DataBank Technology" means DataBank's proprietary technology, including DataBank Services, software tools, hardware designs, algorithms, software (in source and object forms), user interface designs, architecture, class libraries, objects and documentation (both printed and electronic), network designs, know-how, trade secrets and any related intellectual property rights throughout the world (whether owned by DataBank or licensed to DataBank from a third party) and also including any derivatives, improvements, enhancements or extensions of DataBank Technology conceived, reduced to practice, or developed during the term of this MSA by either party that are not uniquely applicable to Customer or that have general applicability in the art. f) "Distributed Denial of Service Attack" means a cyber-attack in which the perpetrator seeks to make a machine or network resource unavailable to its intended users by disrupting services of a host connected to the internet. g) "Emergency Maintenance" is maintenance activities that are unscheduled to correct an emergency needed to prevent injury, loss of property, or return an asset to services in DataBank's sole discretion. h)"Initial Term" means the minimum term for which DataBank will provide the Services to Customer, as indicated on the Order Forms. i) "Order Form" means any of the forms specifying the Services, and the term and prices of such Services, to be provided by DataBank to Customer that are submitted by Customer and accepted by DataBank, including any Statement of Work attached thereto. j) "Null Routing" means the act of implementing a command on a firewall or network equipment to drop packets originating or terminating to a specific IP address or range of addresses. k) "Professional Services" means any professional or consulting service provided by DataBank to Customer as more fully described in a Statement of Work. I) "Representatives" mean the individuals identified in writing or via the DataBank Portal that contain the names and contact information (e.g. email and telephone numbers) of Customer and the individuals authorized by Customer to enter the DataBank Data Centers. m) "Renewal Term" means any service term following the Initial Term, as specified in Section 2.2 of the MSA. n)"Representatives" mean the individuals identified in writing or via the DataBank Portal that contain the names and contact information (e.g. email and telephone numbers) of Customer and the individuals authorized by Customer to enter the DataBank Data Centers. o) "Services" means the specific services provided by DataBank as described on the Order Forms. p) "Service Commencement Date" means the date Service is first made available to Customer for use and Customer has not, within five (5) business days of such delivery, notified DataBank of its non -acceptance of the Service for reasons caused by DataBank. q) "Service Level Agreement" is the detailed definition of service levels that DataBank will provide to Customer for a specific Service. Page 11 r) "Service Level Warranty" is described and defined in Section 5.2 of the MSA. s) "Statement of Work" means the detailed descriptions of the Professional Services attached to Order Forms. The terms "written" and "in writing" mean anything reduced to a tangible form by a party, including a printed, photocopy, facsimile or handwritten document but excluding email or other electronic formats. Page 12 HELIISTORM WE m a k E IT E a s i E P for YOU 27238 Via Industria, Temecula, CA 92590 Direct: (951) 816-6845 Mobile: (951) 816-6845 Email: alan.roa@helixstorm.com City of Temecula Andre Gonzalez 41000 Main Street Temecula, CA 92590 Phone: (951) 694-6403 Email: andre.gonzalez@temeculaca.gov Alan Roa HPE dHCI - Production (City Hall QUOTE Number HLXQ5781-08 Date Mar 6, 2023 City of Temecula Andre Gonzalez 41000 Main Street Temecula, CA 92590 Phone: (951) 694-6403 Email: andre.gonzalez@temeculaca.gov 1 (6) dHCI Nodes with 2 Intel Xeon 5220R processors, 768GB Memory (1) Alletra 6050 Storage Array with 184TB Raw Capacity (25 GbE 10) (2) Mellanox iSCSI Switches (25GbE 10) (1) HPE Storeonce 5260 with 384TB raw capacity HPE NS dHCI with Alletra 6000 Config Trk (6) HPE DL360 Gen10 8SFF NC CTO Svr (6) Intel Xeon-G 5220R FIO Kit for DL360 G10 (6) Intel Xeon-G 5220R Kit for DL360 Gen10 (72) HPE 64GB 2Rx4 PC4-2933Y-R Smart Kit (12) HPE 240GB SATA RI SFF SC MV SSD (6) HPE Eth 10/25Gb 2p 631SFP28 Adptr (6) HPE 96W Smart Stg Li -ion Batt 145mm Kit (6) HPE Smart Array P408i-a SR Gen10 Ctrlr (6) HPE 10/25GbE 2p FLR-SFP28 BCM957414 Adp (6) HPE DL360 Gen10 High Perf Fan Kit (12) HPE 80OW FS Plat Ht Pig LH Pwr Sply Kit (6) HPE 1 U CMAfor Easy Install Rail Kit (6) HPE 1 U Gen10 Bezel Kit (6) OEM 1 U Non -Brand Bezel Gen 10 FIO Kit (6) HPE Remove Standard Power Cords (6) HPE 1 U Gen10 SFF Easy Install Rail Kit (6) HPE NS dHCI w/Add Cust ESXi 8.0 FIO SW (6) HPE iLO Adv Elec Lic 3yr Support Approved By: Ground Net 30 $807,625.80 $807,625.80 Continued on Next Page... Date: GOLD PARTNER Page 1 of 3 HPE Alletra 6050 Storage Array HPE NS dHCI with Alletra 6050 CTO Array HPE Alletra 6000 2x10/25GbE 2p FIO Adpr HPE Alletra 6000 184TB 24x7.68TB FIO Bdl (4) HPE C13 - C14 2m WW PDU FIO Pwr Cord HPE Alletra Tier 1 Storage Array Std Trk HPE Alletra 6000/1-1 4x160OW FIO AC PS Kit HPE NS dHCI NOS PG ESXi 8.0 FIO SW HPE SN2010M iSCSI Switches (2) HPE SN2010M 18SFP28 4QSFP28 P2C Swch (2) HPE 1000b QSFP28/QSFP28 0.5m DAC (2) HPE SN2100M Rack Installation Kit (18) HPE 25Gb SFP28 to SFP28 3m DAC HPE Storeonce 5260 with 384TB Raw Capacity HPE StoreOnce 5260 Base System HPE StoreOnce Gen4+ 10/25Gb 2p SFP Adptr HPE StoreOnce Gen4 10/25Gb SFP Card LTU (2) HPE StoreOnce 5260/5660 192TB Upg LTU (2) HPE StoreOnce 5260/5660 192TB Upg Kit HPE StoreOnce Encryption E-LTU HPE DL360 Gen10 Server (Physical Veeam Proxy) HPE DL360 Gen10 $12,786.95 $12,786.95 (2) Intel 421OR Xeon Processors 128GB Memory Dual port 10GbE card Dual port 25GbE card iL0 Advanced Licensing HPE DL360 Gen10 8SFF CTO Server Intel Xeon-S 421 OR FIO Kit for DL360 G10 Intel Xeon-S 421OR Kit for DL360 Gen10 (4) HPE 32GB 2Rx4 PC4-2933Y-R Smart Kit (2) HPE 960GB SATA MU SFF SC MV SSD HPE Eth 10/25Gb 2p 631SFP28 Adptr HPE 96W Smart Stg Li -ion Batt 145mm Kit HPE Smart Array P408i-a SR Gen10 Ctrlr HPE 10/25GbE 2p FLR-SFP28 BCM957414 Adp HPE Raid 1 Drive 1 FIO Setting (2) HPE 80OW FS Plat Ht Plg LH Pwr Sply Kit HPE 1U Gen10 Bezel Kit HPE iLO Adv 1-svr Lic 3yr Support HPE DL360 Gen10 High Perf Heat Sink Kit Approved By: Continued on Next Page... Date: GOLD PARTNER Page 2 of 3 HPE 1 U Gen10 SFF Easy Install Rail Kit MS WS22 16C Std Add Lic WW SW HPE 5YTech Care Essential wDMR SVC HPE Tech Care Essential Support - 24/7 4-hour response $281,735.30 $281,735.30 (891) 5-year Subscription (7) HPE iLO Advanced Non Blade Support (2) HPE SN201 OM 25GbE Switch Support (7) HPE DL360 Gen10 Support HPE One View w/o Ilo Support HPE StoreOnce 5260 Base System Supp (2) HPE StoreOnce 52/5660 192TB Upg Kit Supp HPE Std-16C Add 16C Support HPE Alletra 6000 2x10/25GbE 2p Kit Supp HPE Alletra 6050 Base Array Supp HPE Alletra 6000 AF184TB7.68 Flash Supp Network Req to Connect dHCI to Existing Core Network 2 Required networking equipment needed to connect the dHCI nodes to the core network $25,866.40 $51,732.80 HP 5406R 16SFP+ v3 A2 Swch (16) Aruba 10G SFP+ LC SR 300m MMF XCVR (16) HP 5m Multi -mode OM3 LC/LC FC Cable iSCSI cards for existing Nimble Arrays 2 (2) quad port 10GbE cards, installation, and support $10,941.00 $21,882.00 HPE Nimble Storage Card Cage 2x1OGbE 4-port Adapter Field Upgrade HPE Tier 1 Storage Array Upg Startup SVC HPE NS 2x10GbE 4p Adptr Supp Cabinet, PDU, and Cable Management 1 APC by Schneider Electric NetShelter SX Enclosure Rack Cabinet - 45U Rack Height x $2,550.00 $2,550.00 19" Rack Width - Black - 2250 lb Dynamic/Rolling Weight Capacity - 3000 lb Static/Stationary Weight Capacity 2 APC by Schneider Electric NetShelter 9000 24-Outlet PDU - Switched - NEMA L6-30P - 21 $1,175.00 $2,350.00 x IEC 60320 C13/C15, 3 x IEC 60320 C19/C21 - 230 VAC - Network (RJ-45) - OU - Vertical - Rack -mountable - Tower 1 APC by Schneider Electric Vertical Cable Manager for NetShelter SX 750mm Wide 48U $339.99 $339.99 (Qty 2) - Cable Pass -through - Black - 1 Pack - 48U Rack Height 3 PANDUIT PatchLink Horizontal Cable Manager - Cable Manager - Black - 1 U Rack Height $66.94 $200.82 - 19" Panel Width Quote valid for 30days SubTotal $1,181,203.66 Tax $71,268.89 Tax and shipping will be assessed on invoice All services are an estimate and a formal Statement of Work is required when applicable Shipping $3,000.00 Total $1,255,472.55 Approved By: .� ten rnci.�ara �ntarprlaa GOLD �A RTNE�2 Date: Page 3 of 3 HELIISTORM WE m a k E IT E a s i E P for YOU 27238 Via Industria, Temecula, CA 92590 Direct: (951) 816-6845 Mobile: (951) 816-6845 Email: alan.roa@helixstorm.com City of Temecula Damion Patrick 41000 Main Street Temecula, CA 92590 Phone: (951) 308-6300 Email: Damion.Patrick@temeculaca.gov it Alan Roa Disaster Recovery Site dHCI HPE NS dHCI w/Alletra 5000 BC Trk (4) HPE DL360 Gen10 8SFF NC CTO Svr (4) Intel Xeon-G 5220R FIO Kit for DL360 G10 (4) Intel Xeon-G 5220R Kit for DL360 Gen10 (48) HPE 64GB 2Rx4 PC4-2933Y-R Smart Kit (8) HPE 240GB SATA RI SFF SC MV SSD (4) HPE Eth 10/25Gb 2p 631SFP28 Adptr (4) HPE 96W Smart Stg Li -ion Batt 145mm Kit (4) HPE Smart Array P408i-a SR Gen10 Ctrlr (4) HPE 10/25GbE 2p FLR-SFP28 BCM957414 Adp (8) HIDE 80OW FS Plat Ht Plg LH Pwr Sply Kit (4) HPE 1 U Gen10 Bezel Kit (4) HPE 1 U Gen10 SFF Easy Install Rail Kit (4) HIDE NS dHCI w/ Add Cust ESXi 7.0 FIO SW (4) HPE 10 Adv Elec Lic 3yr Support (8) HPE 1.83m 10AC13 UK Pwr Cord HPE SN2010M iSCSI Switches (2) HPE SN2010M 18SFP28 4QSFP28 P2C Swch (16) HPE X120 1 G SFP RJ45 T Transceiver (2) HPE 100Gb QSFP28/QSFP28 0.5m DAC (14) HPE 25Gb SFP28 to SFP28 3m DAC Approved By: QUOTE Number HLXQ5782-03 Date Jan 30, 2023 City of Temecula Damion Patrick 41000 Main Street Temecula, CA 92590 Phone: (951) 308-6300 Email: Dam ion. Patrick@temeculaca.gov Ground I Net 30 $320,479.06 $320,479.06 Continued on Next Page... Solution Pr—id.r Date: Page 1 of 3 HPE Alletra 5000 Storage Array HPE INS dHCI w/ Alletra 5030 CTO Array HPE INS 2x25GbE 2p SFP28 FIO Adptr Kit (2) HPE Alletra 5000 11.52TB FIO Cache Bdl (2) HPE INS AS3112 to C13 AU FIO Power Cord HPE Alletra 5000 126TB SAS FIO HDD Bdl HPE Alletra Tier 1 Storage Array Std Trk HPE INS dHCI NOS PG for ESXi 7.0 FIO SW HPE Storeonce 5260 with 192TB Raw Capacity $0.00 $0.00 HPE StoreOnce 5260 Base System HPE StoreOnce 5260/5660 192TB Upg LTU HPE StoreOnce 5260/5660 192TB Upg Kit HPE Eth 10/25Gb 2p 631SFP28 Adptr HPE 10/25GbE 2p FLR-SFP28 BCM957414 Adp (2) HPE SN2100M Rack Installation Kit HPE StoreOnce Encryption E-LTU HPE 5YTech Care Essential wDMR SVC $152,587.05 $152,587.05 HPE Alletra 5030 SW/Sup 5yr SaaS HPE 10Advanced Non Blade Support HPE Alletra 5030 CTO Base Array Supp HPE Alletra 5000 126TB SAS HDD Bdl Supp (2) HPE Alletra 5000 11.52TB FIOCachBdl Supp (4) HPE iLO Advanced Non Blade Support (2) HPE SN2010M 25GbE Switch Support (4) HPE DL360 Gen10 Support HPE StoreOnce 5260 Base System Supp HPE StoreOnce 52/5660 192TB Upg Kit Supp (2) HPE Installation Comm Svrs Hourly SVC HPE StoreOnce 5200 Stup SVC (2) HPE Training Credits for Storage SVC Palo Alto 440's Redundant Firewalls with software licensing and support $6,300.00 $6,300.00 (2) Palo Alto Networks PA-440 Rack mountable trayfor up to two PA-440, PA-450, or PA-460 firewalls and 4 power adapters mounted in a 19 in equipment rack (2) PA-440, Professional Subscription Bundle (Threat Prevention, Advanced URL Filtering, Wildfire, DNS Security and SDWAN), 1 year (12 months) term (10) PA-440, Partner enabled premium support, 1 year (12 months), term. Approved By: Continued on Next Page... Date: GOLD PARTNER Page 2 of 3 tDescription Quote valid for 30 days SubTotal $479,366.11 Tax $25, 778.18 Tax and shipping will be assessed on invoice All services are an estimate and a formal Statement of Work is required when applicable Shipping $2,000.00 Approved By: � �r[erp�lae M GOLD �A RTNE�2 Date: Page 3 of 3 0 HewlettPackard Enterprise Hewlett Packard Enterprise Financial Services An HPE Company 200 Connell Drive Berkeley Heights, NJ, 07922 March 15, 2023 Hewlett Packard Enterprise Financial Services Company is pleased to provide City of Temecula with the following proposal for a possible lease/financing transaction with HPEFS subject to the terms of this letter. Lessor: Hewlett Packard Enterprise Financial Services Company Lessee: City of Temecula Supplier/Vendor: HELIXSTORM Lease Plan/Type: Installment Sale / $1 Buy Out Lease Term/Term (in months): 60mo Equipment: Payment Structure: Rate Expiration Net Lease: See HELIXSTORM Quote Total Financed: $2,168,500.00 Annual Pmt $489,044.09 Rate: 6.39% 5/31 /2023 Lessee shall be responsible for any and all taxes, fees, maintenance, insurance, registration and other fees and charges relating to the purchase, lease, ownership, possession and use of the Equipment. End of Lease Term Options: FMV Purchase Option (applicable only if Lease Plan above is FMV purchase option): Upon expiration of the original FMV lease term, Lessee may exercise the following options: a) Continue to lease on a month -to -month basis b) Renew and extend lease at a reduced rate c) Request a Fair Market Value buyout from HPEFS d) Return the equipment to HPEFS $1.00 Purchase Option (applicable only if Lease Plan above is $1.00 purchase option): Upon expiration of the $1.00 Buyout lease term. Lessee may purchase the equipment for $1.00 Documentation: All documentation to be provided by HPEFS, and is subject to the parties' agreement on mutually acceptable terms and conditions. Confidentiality: This letter is delivered to you with the understanding that neither this letter nor its substance shall be disclosed by Lessee to any third party. Basis of Proposal: This letter is a proposal for discussion purposes only and does not represent either an offer or a commitment of any kind on the part of HPEFS. It does not purport to be inclusive of all terms and conditions that will apply to a leasing transaction between us. Neither party to the proposed transaction shall be under any legal obligation whatsoever until, among other things, HPEFS has obtained all required internal approvals (including credit approvals) and both parties have agreed upon all essential terms of the proposed transaction and executed mutually acceptable definitive written documentation. This proposal can be modified or withdrawn by HPEFS at any time. Either party may terminate discussions and negotiations regarding a possible transaction at any time, without cause and without any liability whatsoever. Expiration Date: If HPEFS does not receive the executed Lease Agreement by the Quote Expiration, rates may be subject to change. Sincerely, HEWLETT PACKARD ENTERPRISE FINANCIAL SERVICES COMPANY HPEFS FAM: Ryan Magers Customer: E-mail: ryan.ma£ers@h.pe.com Print Name: Phone: 505 206 0896 Signature: City of Temecula Item No. 10 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Betsy Lowrey, Assistant to the City Manager DATE: November 28, 2023 SUBJECT: Approve First Amendment to Community Reinvestment Program Funding to California State University San Marcos for Facility Improvements at Mount San Jacinto College, Temecula Valley Campus RECOMMENDATION: That the City Council: 1. Approve the first amendment to Community Reinvestment Program funding to California State University San Marcos for facility improvements at Mount San Jacinto College, Temecula Valley Campus; and 2. Authorize the City Manager to execute related amendment(s) or agreements. BACKGROUND: On February 22, 2022, the City Council established the COVID-19 Pandemic Community Reinvestment Program to account for various community reinvestment grants to be established by the City Council. This included an effort to support the comprehensive higher education facility located in the City of Temecula. On March 8, 2022, and on November 15, 2022, the City Council approved grant funding for Mount San Jacinto College (MSJC) Temecula Valley Campus in the amount of $500,000 and for California State University San Marcos (CSUSM) in the amount of $500,000 for a total of $1,000,000 to be allocated towards higher education within the City of Temecula. MSJC now wishes to designate their portion of CRP funding of $500,000 to CSUSM towards tenant improvements (classroom space) at the MSJC Temecula Valley Campus. This project will continue the expansion of a comprehensive world class higher educational complex in the City of Temecula that provides diverse career educational programs including 4-year degree programs through CSUSM. MSJC owns the facility and this $500,000 reallocation of grant funding will allow CSUSM to expand unfinished space to increase academic programs that support the business and economic development in the region and provide necessary tools for residents to secure quality employment. Architectural plans are anticipated to be complete in December 2023 and it is estimated the cost will be close to $12,000,000. Facility enhancements include a 22,000 square foot tenant improvement of the 2nd floor at the MSJC Temecula Valley Campus Tower B. FISCAL IMPACT: A total of $1,000,000 is already appropriated in the COVID-19 Community Reinvestment Program budget and allocated towards higher education. ATTACHMENTS: 1. First Amendment 2. MSJC Letter of Request 00004024 FIRST AMENDMENT TO "COMMUNITY REINVESTMENT IN TEMECULA GRANT PROGRAM --GRANT AGREEMENT BETWEEN THE CITY OF TEMECULA AND CALIFORNIA STATE UNIVERSITY SAN MARCOS AT TEMECULA" THIS FIRST AMENDMENT TO "COMMUNITY REINVESTMENT IN TEMECULA GRANT PROGRAM --GRANT AGREEMENT BETWEEN THE CITY OF TEMECULA AND CALIFORNIA STATE UNIVERSITY SAN MARCOS AT TEMECULA" is made and entered into as of November 28, 2023, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and The Trustees of the California State University on behalf of California State University San Marcos (CSUSM), a California State University (hereinafter referred to as "University"). In consideration of the promises and mutual agreements herein contained, the parties hereto agree as follows: 1. Recitals. This First Amendment is made with respect to the following facts and purposes: A. On February 1, 2023, the City and University entered into that certain agreement entitled "Community Reinvestment in Temecula Grant Program --Grant Agreement between the City of Temecula and California State University San Marcos at Temecula" ("Agreement"). B. The Parties now wish to increase the grant funds available to the University pursuant to this Agreement. 2. Increase of Grant Funds. Section 2.A. of the Agreement is hereby amended to read as follows: 162. AWARD OF COMMUNITY REINVESTMENT IN TEMECULA GRANT; CONDITIONS OF GRANT. "A. The City hereby agrees to pay to the University the sum of One Million dollars and No Cents ($ 1,000,000.00) as a grant pursuant to the Community Reinvestment in Temecula Grant Program subject to and in accordance with the conditions and covenants set forth in this Agreement (`Grant Funds')." 3. Distribution of Grant Funds. Section 2.1).1), if the Agreement is hereby amended to read as follows: "2. AWARD OF COMMUNITY REINVESTMENT IN TEMECULA GRANT; CONDITIONS OF GRANT. "D. The Grand Funds shall be distributed as follows: -1- 11086-0001 \2822877v I. doc "1) Grant Funds shall be processed upon execution of this First Amendment and verification of insurance documentation." 4. Signing Authority. The person or persons executing this First Amendment on behalf the City or University warrants and represents that he or she has the authority to execute this Agreement on behalf of the City or University and has the authority to bind City or University to the performance of its obligations hereunder. 5. No Other Changes. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed the day and year first above written. CALIFORNIA STATE UNIVERSITY SAN MARCOS 6s 10 a3 Lindsay Sorensen Director of Procurement and Contracts CITY OF TEMECULA Aaron Adams City Manager Attest: Randi Johl, JD, MMC City Clerk Approved as to Form: Peter M. Thorson City Attorney 3 MS Mt. San Jacinto College 1499 N. State Street, San Jacinto, CA 92583 June 20, 2023 BETSY LOWREY, ASSISTANT TO THE CITY MANAGER CITY OF TEMECULA VIA E-MAIL: BETSY,LOWREY@TEMECULACA.GOV Roger W. Schultz, Ph.D. Superintendent/President MEMORANDUM OF RECENT CONVERSATIONS BETWEEN MT. SAN JACINTO COMMUNITY COLLEGE DISTRICT (MSJC) & CITY OF TEMECULA Dear Betsy, Board of Trustees Tom Ashley Vicki Carpenter Jhalister Corona Joshua Rivera Brian Sylva MSJC requests City of Temecula provide its proposed $500,000 earmarked for MSJC directly to California State University San Marcos (CSUSM) in pursuit of CSUSM's tenant improvements to MSJC's Temecula Valley Campus (TVC) Building B. In addition to moving MSJC closer to its goal of creating a campus that embodies synergies between our 2-year college and 4-year university partners to form a higher education complex for the Temecula region, opportunities for joint use of specialized spaces created as part of CSUSM's tenant improvements provides an opportunity for MSJC to further expand its career educational programs at the site. We see this investment in CSUSM in conjunction with other funding sources they are marshalling to build an enduring presence at TVC as providing improvements far more valuable to MSJC and the region than a $500,000 stand-alone contribution. Respectfully, Jeannine Stokes, Vice President of Human Resources cc: Roger Schultz, Superintendent/President; MSJC Brandon Moore, Vice President of Institutional Effectiveness; MSJC Michael Beckham, Interim Executive Dean of Institutional Effectiveness; MSJC Aaron Adams, City Manager; City of Temecula Godfrey Gibbison, Dean of Extended Learning & Associate Vice President for International Programs; California State University San Marcos Attachment: MSJC CSUSM Email 06 02 2023 San Jacinto Campus Menifee Valley Campus San Gorgonio Pass Campus Temecula Valley Campus 1499 N State Street 28237 La Piedra Road 3144 W Westward Avenue 41888 Motor Car Parkway San Jacinto, CA 92583 Menifee, CA 92584 Banning, CA 92220 Temecula, CA 92591 951 487.6752 951.672,6752 951.922.1327 951 672 6752 From: Betsy Lowrey Sent: Friday, June 2, 2023 4:22 PM To: Michael Beckham Cc: Aaron Adams; Roger Schultz; Christine Damko Subject: RE: Virtual Introduction to work on transitioning dollars to CSUSM project in Temecula Hi Michael — Thank you for your call and information. We appreciate your collaboration with CSUSM, and the ever expanding educational programs, 2-year college and 4-year university opportunities, and creative joint uses that MSJC continues to bring to this world class Temecula Valley Campus, We'll bring this request/modification forward to City Council, and keep you posted. Thank you, Betsy Lowrey Assistant to the City Manager City of Temecula (951) 693-3959 betsyt.lawre TemeculaCA. cv TemeCulaCA.go_v Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the Califomia Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Michael Beckham <mbeckham@msjc.edu> Sent: Friday, June 2, 2023 3:44 PM To: Betsy Lowrey <betsy.lowrey@temeculaca.gov> Cc: Aaron Adams <aaron.adams@temeculaca.gov>; Roger Schultz <rschultz@msjc.edu> Subject: RE: Virtual Introduction to work on transitioning dollars to CSUSM project in Temecula CAUTION: This email'originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Betsy, Thank you for making the time to chat with me by telephone earlier this afternoon — I appreciate it! Here is a recap of the salient points we discussed: MS1C requests City of Temecula provide its proposed $500k earmarked for MSJC directly to CSUSM in pursuit of CSUSM's tenant improvements to MSJC's Temecula Valley Campus (TVC) Building B. In addition to moving MSJC closer to its goal of creating a campus that embodies synergies between our 2-year college and 4-year university partners to form a higher education complex for the Temecula region, opportunities forjoint use of specialized spaces created as part of CSUSM's tenant improvements provides an opportunity for MSJC to further expand its career educational programs at the site. We see this investment in CSUSM in conjunction with other funding sources they are marshalling to build an enduring presence at TVC as providing improvements far more valuable to MSJC and the region than a $500k stand-alone contribution, Best wishes to you and the entire City of Temecula team for a fantastic weekend, Item No. 11 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick A. Thomas, Director of Public Works / City Engineer DATE: November 28, 2023 SUBJECT: Approve Second Amendment to Agreement with Falcon Engineering Services, Inc. for On -Call Construction Management Services PREPARED BY: Julie Tarrant, Principal Management Analyst Tammy Petricka, Administrative Assistant RECOMMENDATION: That the City Council approve the second amendment to the agreement with Falcon Engineering Services, Inc. for on -call construction management services, to increase payment in the amount of $500,000, for a total agreement amount of $1,500,000. BACKGROUND: On July 13, 2021, the City Council approved the On -Call Construction Management Services Agreement with Falcon Engineering Services, Inc., in the amount of $ 1,000,000. On July 12, 2023, the First Amendment extended the term of the agreement to June 30, 2024. The Second Amendment will provide for additional construction support services for any on -going and new capital projects. Falcon Engineering Services, Inc., has provided construction management services for a variety of projects for the Department of Public Works CIP Division, including the Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and French Valley Parkway, Phases I and II, and continue to provide exemplary services. Staff therefore recommends approval of the Second Amendment in the amount of $500,000, for a total agreement value of $1,500,000. FISCAL IMPACT: There is no fiscal impact associated with the approval of the amendment. Funds to support any service implemented under the agreement will come from approved CIP or operating budgets. ATTACHMENTS: Second Amendment SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND FALCON ENGINEERING SERVICES, INC. ON -CALL CONSTRUCTION MANAGEMENT SERVICES (AGREEMENT NO.2021-153) THIS SECOND AMENDMENT is made and entered into as of November 28, 2023 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Falcon Engineering Services, Inc., a Corporation (hereinafter referred to as "Consultant'). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with the respect to the following facts and purposes: a. On July 13, 2021, the City and Consultant entered into that certain Agreement entitled "Agreement for On -Call Construction Management Services", in the amount of $1,000,000.00. b. On July 1, 2023, the City and Consultant entered into the First Amendment to extend the term of the Agreement to June 30, 2024. C. The parties now desire to increase the Agreement in the amount of $500,000.00 and to amend the Agreement as set forth in this Amendment. 2. Section 6 of the Agreement entitled 'PAYMENT" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The SECOND Amendment amount shall not exceed Five Hundred Thousand Dollars and Zero Cents ($500,000.00), for a total Agreement amount of One Million Five Hundred Thousand Dollars and Zero Cents. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 08/09/2021 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Zak Schwank, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney FALCON ENGINEERING SERVICES, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Maha Faqih, P.E., President Wael Faqih, P.E., Vice President CONSULTANT Falcon Engineering Services, Inc. Attn: Wael Fagih 41593 Winchester Road, Suite 120 Temecula, CA 92590 (951)768-9419 wfagi h@falcon-ca.com 08/09/2021 Item No. 12 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: November 28, 2023 SUBJECT: Accept Improvements and File the Notice of Completion for the Pavement Rehabilitation Program — Citywide, Ynez Road, Solana Way, Nicolas Road and Winchester Road, PW21-10 PREPARED BY: Nino Abad, Senior Civil Engineer Chris White, Associate Engineer II RECOMMENDATION: That the City Council: Accept the construction of the Pavement Rehabilitation Program — Citywide, Ynez Road, Solana Way, Nicolas Road and Winchester Road, PW21-10, as complete; and 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the final contract amount; and 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. BACKGROUND: On October 11, 2022, the City Council awarded a construction contract to All American Asphalt in the amount of $3,629,219 and authorized the City Manager to approve construction contract change orders not to exceed the contingency amount of $362,921.90. On January 24, 2023, the City Council increased the City Manager's authority to approve construction contract change orders by $913,000 for a total not to exceed contingency amount of $1,275,921.90. This increase allowed the project to include an additional segment of Nicolas Road from North General Kearny Road to Joseph Road. Work generally consisted of full width and/or edge grinding of existing asphalt, localized dig outs, preparation of grade, and placement of rubberized asphalt concrete pavement. Work also included reconstruction of ADA curb ramps, removal and replacement of curb and gutter, sidewalks and drive approaches, adjustment of existing utilities to grade, installation and removal of temporary video detection and restoration of existing striping, and detector loops. All American Asphalt has completed the work in accordance with the approved specifications and to the satisfaction of the Director of Public Works/City Engineer. All work will be warranted for a period of one year from October 18, 2023, the date the City obtained "beneficial use" of the project improvements. The retention for this project will be released pursuant to the provisions of Public Contract Code 7107. The base amount of the construction contract was $3,294,717.10. Three (3) construction contract change orders were issued totaling $1,275,921.90. The final cost of the project totaled $4,570,639.00. FISCAL IMPACT: There is no fiscal impact associated with accepting the project and filing and recording the Notice of Completion. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA 41000 Main Street Temecula, CA 92590 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code Sections 6103 and 27383 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to All American Asphalt, 400 East Sixth Street, Corona, CA 92879 to perform the following work of improvement: PAVEMENT REHABILITATION PROGRAM- CITYWIDE, YNEZ ROAD, SOLANA WAY, NICOLAS ROAD AND WINCHESTER ROAD Project No. PW21-10 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on November 28, 2023. That upon said contract the Fidelity and Deposit Company of Maryland was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: PAVEMENT REHABILITATION PROGRAM- CITYWIDE, YNEZ ROAD, SOLANA WAY, NICOLAS ROAD AND WINCHESTER ROAD Project No. PW21-10 6. The location of said property is: Ynez Road, Solana Way, Nicolas Road and Winchester Road, Temecula, California. Dated at Temecula, California, this 28' day of November, 2023. City of Temecula Randi Johl, City Clerk STATE OF CALIFORNIA COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, California, do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 28th day of November, 2023. City of Temecula Randi Johl, City Clerk Premium Included in Performance Bond Executed in: 2 Counterparts c;-Ua2- a-1'1 CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS BOND NO. 7669148 MAINTENANCE BOND for PAVEMENT REHABILITATION PROGRAM — CITYWIDE, YNEZ ROAD, SOLANA WAY, NICOLAS ROAD AND WINCHESTER ROAD PROJECT NO. PW21-10 KNOW ALL PERSONS BY THESE PRESENT THAT All American Asphalt - 400 East Sixth Street, Corona, CA 92879 NAME AND ADDRESS OF CONTRACTOR a C❑i poration (hereinafter called "Principal"), and (fill in whether a Corporation, Partnership, or Individual) Fidelity and Deposit Comoanv of Maryland - 777 S. Figueroa Street Suite 3900, Los Angeles, CA 90017 NAME AND ADDRESS OF SURETY (hereinafter called "Surety"), are held and firmly bound unto CITY OF TEMECULA (hereinafter called `Owner") in the penal sum Of Four Hundred Fifty Seven Thousand Sixty Three DOLLARS AND 90/100 CENTS ($ 457,063.90 ) in lawful money of the United States, said sum being not less than ten percent of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the Owner, dated the 7th day of Dctober 2022 a copy of which is hereto attached and made a part hereof for the construction of PAVEMENT REHABILITATION PROGRAM - CITYWIDE, YNEZ ROAD, SOLANA WAY, NICOLAS ROAD AND WINCHESTER ROAD, PROJECT NO. PW21-10. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one year after approval of the final estimate on said job, by the Owner, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on this the 18th day of October , 2023 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. MAINTENANCE BOND MB-1 As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this 18th day of October , 2023 . (Seal) SURETY: Fidelity and Deposit Company of Maryland Rebecca Haas -Bates (Name) Attorney -in -Fact (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney PRINCIPAL: All American Asphalt By: (Name) ice (Title) By: /, ` i G " t li"G rIE: G S (Name) Sec%c-I-&r,-1 (Title) NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures. MAINTENANCE BOND MB-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached_ and not the truthfulness. accuracv. or validitv of that document. State of California County of Riverside On October 24, 2023 before me, Sarah Amanda LangleyTNotaU Public Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson and Michael Farkas Name(s) of Signer(s) 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 SARAH AMANDA LANGLEY and acknowledged to me that #she/they executed the same in Notary Public • California hisrgeF/their authorized capacity(ies), and that by hWheF/their x = - Riverside County signature(s) on the instrument the person(s), or the entity upon behalf Commission # 2337877 of which the person(s) acted, executed the instrument. My Comm. Expires Nov 20, 2024 I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS hand and offs ial seal. Signattt Place Notary Seal Above Signaturn of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Maintenance Bond Document Date: 10/18/2023 Number of Pages: 3 Signer(s) Other Than Named Above: Rebecca Haas -Bates, Attorney in Fact Capacity(ies) Claimed by Signer(s) Signer's Name: Edward J. Carlson ❑ Individual X Corporate Officer— Title(s): Vice President ❑ Partner ❑ ❑ Limited ❑ General RIGHT MUMBPRINT ❑ Attorney in Fact OF ❑ Trustee Top of thumb here ❑ Other Signer is Representing: Signer's Name: Michael Farkas ❑ Individual X Corporate Officer — Title(s): — Secretary ❑ Partner ❑ ❑ Limited ❑ General ❑ Attorney in Fact rT.pfthumbl ❑ Trustee ❑ Other: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of Orange } On 10/18/2023 before me, Alma Karen Hernandez, Notary Public Date Here Insert Name and Title of the Officer personally appeared .Rebecca Haas -Bates NameKof Signer(* Who proved to me on the basis of satisfactory evidence to be the person* whose name4 ls/afo subscribed to the within instrument and acknowledged to me that /she/titer executed the same in Ns/her/thair authorized capacity), and that by his/herANt r sig nature�4on the instrument the person(),, or the entity upon behalf of which the personK acted, executed the instrument. •� ALMA KAREN HERNANDEZ r Notary Public • California Orange County Commission li 2390908 •p "� My Comm. Expires Jan 16, 2026 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature. _ -Z - --- r-= Signature of Notary Public r- OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Maintenance Bond No. 7669148 Document Date: 10/18/2023 Number of Pages: Two 2 Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: ,Rebecca Haas f3atcs ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual W Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and De2osit Company of Maryland Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: _ Signer Is Representing: ©2014 National Notary Association • www.NationaiNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time. CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 18th day of October 2023 . ,�ueulrrr ,,�.001rrrr'1"" ••�P' 1MSf� rr¢ ,t�0.L5llll Ofl1/�rlr �aS ��Y a�v y a q?� .....,•, �.'�a1t Corry PSEALm n$ SEALm _ a 0SEAL : rr frrrrfelllllRP1�+• '+rrrryrlllrl 5��,•,• +'"4rrylI I111H15�ti��•• Thomas O. McClellan Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, EL 60196-1056 re ortsfclaurg rurichna.com 800-626-4577 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint William SYRKIN, Richard ADAIR, Rebecca HAAS-BATES of Irvine, California, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this I Ith day of October, A.D. 2023. ,,ssn-11.1d rrr �nirmnirryr rnianrrr 1Cp-q'n, p0 9- � =� SEAL^� SEAL t=_==�1G5EAL� 'ygnq�,g„H'p�M1l�r��,� IrpgHul��lid�aa, ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this I lth day of October, A.D..2023, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Genevieve M. Maison GENEVIEVE M. MAISON ucry°o- NOTARY PUBLIC - BALTIMORE COUNTY, MD �TT�yy ppp��?�7, •y •'•rr1, Commiss.ExpiresJANUARY27.2025 ja,""- "��' Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 Premium Included in Performance Bond Executed in: 2 Counterparts CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS BOND NO. 7669148 MAINTENANCE BOND for PAVEMENT REHABILITATION PROGRAM — CITYWIDE, YNEZ ROAD, SOLANA WAY, NICOLAS ROAD AND WINCHESTER ROAD PROJECT NO. PW21-10 KNOW ALL PERSONS BY THESE PRESENT THAT All American Asphalt - 400 East Sixth Street, Corona, CA 92879 NAME AND ADDRESS OF CONTRACTOR a Corporation (hereinafter called "Principal"), and (fill in whether a Corporation, Partnership, or Individual) Fidelity and Deposit Company of Maryland - 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 9001_7_ NAME AND ADDRESS OF SURETY (hereinafter called "Surety"), are held and firmly bound unto CITY OF TEMECULA (hereinafter called "Owner") in the penal sum of Four Hundred Fifty Seven Thousand Sixty Three DOLLARS AND 90/100 CENTS ($ 457,063.90 ) in lawful money of the United States, said sum being not less than ten percent of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the Owner, dated the 7th day of October 2022 a copy of which is hereto attached and made a part hereof for the construction of PAVEMENT REHABILITATION PROGRAM - CITYWIDE, YNEZ ROAD, SOLANA WAY, NICOLAS ROAD AND WINCHESTER ROAD, PROJECT NO. PW21-10. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one year after approval of the final estimate on said job, by the Owner, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on this the 18th day of October , 2023 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. MAINTENANCE BOND MB-1 As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this lsth day of October 2023 (Seal) SURETY: Fidelity and Deposit Company of Maryland Rebecca Haas -Bates (Name) Attorney -in -Fact (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney PRINCIPAL: All American Asphalt By:�_�� �afGl.L� ✓G! J . /J or (Name) V f'Ct (Title) y By: (Name) Sec�..e_ (Title) NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures. MAINTENANCE BOND MB-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached_ and not the truthfulness. accuracv. or validitv of that document. State of California County of Riverside on October 24, 2023 Date before me, Sarall Amanda Lanky, Notary Public Here Insert name and Title of the Officer personally appeared Edward J. Carlson and Michael Farkas Name(s) of Signer(s) SARAN AAANDA LANGLEY Notary Public - California Rlverside County Ccimgssioft p 2337877 My Comm. Expires Nov 20, 202A 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 ite/they executed the same in 4isN /their authorized capacity(ies), and that by hisl#er/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 forgoing paragraph is true and correct. WITNESSAIy hand and official seal Signotu W/ Place Notary Seal Above Slpnalure of N ry Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Maintenance Bond Document Date: 10/18/2023 Number of Pages 3 Signer(s) Other Than Named Above: Rebecca Haas -Bates, Attorney in Fact Capacity(ies) Claimed by Signer(s) Signer's Name: Edward J. Carlson ❑ Individual X Corporate Officer — Title(s): Vice President ❑ Partner ❑ ❑ Limited ❑ General RIGH,r THUMBPRINT ❑ Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here ❑ Other Signer is Representing: Signer's Name: Michael Farkas ❑ Individual X Corporate Officer — Title(s): Secretary_ ❑ Partner ❑ ❑ Limited ❑ General ❑ Attorney in Fact Top of Mthumb h ❑ Trustee ❑ Other: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 10/18/2023 before me, Alma Karen Hernandez, Notary Public Date personally appeared Rebecca Haas -Bates Here Insert Name and Title of the Officer NameKof SignerN who proved to me on the basis of satisfactory evidence to be the person* whose name(. is/a4e subscribed to the within instrument and acknowledged to me that + Wshe/they executed the same in ftis/herd authorized capacity, and that by IhWherltfw�r- signature�4on the instrument the person(.,, or the entity upon behalf of which the personN acted, executed the instrument. Qpmy ALMA KAREN 8ERNANDET Notary Public - California Orange County Commission Y 2390908 Comm. Expires Jan 16, 2026 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ----Y- Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Maintenance Bond No. 7669148 Document Date: 10/18/2023 Number of Pages: Two 2 Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual W Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelityand Deposit Company ol'.Maryland Signer's Name:.- _ ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys- in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time. CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 18th day of October . 2023 . a,``nsuBR +nyry+ •`1Hs+'+n''+4' �"na I n N11"t. +, Y_�� QgRgsk`'�- ?UQPa9�m goy' a pnggmyo SEAL E L o ___ : SEALZZ m w JRAl r+!l,ry IlIpit", • ,,�+��h!l11f 15tH{1���, Thomas 0. McClellan Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 reportsfelaims rr.zurichna.com 800-626-4577 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint William SYRKIN, Richard ADAIR, Rebecca HAAS-BATES of Irvine, California, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this I Ith day of October, A.D. 2023. 5,,µrnurnrn ,,,,rrnr+rry„ w5"nrrrp c`' CawuaYy� y u+su ay �g11Cwr,..'•y SEAL iSEAL SEA�L] .tr„v ry ''r+rani:130% r11 ir'%"0 +.tea•+nu0ku''� ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 1 Ith day of October, A.D. 2023, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Genevieve M. Maison iir r GENEVIEVE M. MAISONa NOTARY PUBLIC UBL1� !tea BALTIMORE COUNTY. MD '•r'rrrrr,.,";,il•`',,,, Commission Ex iros JANUARY 27. 2025 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE for PAVEMENT REHABILITATION PROGRAM — CITYWIDE, YNEZ ROAD, SOLANA WAY, NICOLAS ROAD AND WINCHESTER ROAD PROJECT NO. PW21-10 This is to certify that Sarah Langley (hereinafter the "Contractor") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the Contractor or by any of the Contractor's agents, employees or subcontractors used or in contribution to the execution of its Contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PAVEMENT REHABILITATION PROGRAM - CITYWIDE, YNEZ ROAD, SOLANA WAY, NICOLAS ROAD AND WINCHESTER ROAD, PROJECT NO. PW21-10, situated in the City of Temecula, State of California, more particularly described as follows: Pavement Rehabilitation Program Citywide, Ynez Road, Solana Way, Nicolas Road and Winchester Road ADDRESS OR DESCRIBE LOCATION OF WORK The Contractor declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the Contractor. Further, in connection with the final payment of the Contract, the Contractor hereby disputes the following amounts: Description Dollar Amount to Dispute A// D Pursuant to Public Contract Code Section 7100, the Contractor does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the Contractor by reason of payment by the City of Temecula of any contract amount which the Contractor has not disputed above. CONTRACTOR: Dated: 10/18/2023 By: Aw ,;i Signature Sarah Langley -Credit Manager Print Name and Title RELEASE R-1 Item No. 13 ACTION MINUTES TEMECULA COMMUNITY SERVICES DISTRICT MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA NOVEMBER 14, 2023 COUNCIL MEMBER CURTIS BROWN TO PARTICIPATE ELECTRONICALLY VIA ZOOM FROM: SHERATON MAUI 2605 KAANAPALI PARKWAY LAHAINA, MAUI, HI 96761 CALL TO ORDER at 7:02 PM: President James Stewart ROLL CALL: Alexander, Brown (virtual), Kalfus, 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 Schwank, Second by Kalfus. The vote reflected unanimous approval. 15. Approve Action Minutes of October 24, 2023 Recommendation: That the Board of Directors approve action minutes of October 24, 2023. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:06 PM, the Community Services District meeting was formally adjourned to Tuesday, November 28, 2023 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. 14 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Deputy City Manager DATE: November 28, 2023 SUBJECT: Introduce Ordinance Amending Title 5 and 17 of the Temecula Municipal Code Making Various Technical Revisions PREPARED BY: Mark Collins, Assistant Planner RECOMMENDATION: That the City Council introduce an ordinance entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 5 AND 17 OF THE TEMECULA MUNICIPAL CODE MAKING MINOR REVISIONS TO MASSAGE ESTABLISHMENT, ACCESSORY DWELLING UNIT, HOME OCCUPATION PERMITS, AND TEMPORARY USE PERMIT REGULATIONS, ESTABLISH BATTERY STORAGE AND SHIPPING CONTAINER STANDARDS, CLARIFY THE PERMITTED USES ALLOWED IN THE OPEN SPACE -CONSERVATION DISTRICT, MODIFY THE DEFINITION OF SPECIALTY MARKET AND RESTAURANT, ADD DEFINITION FOR HEALTH AND EXERCISE CLUBS, MAKE OTHER CLERICAL REVISIONS AND MAKE A FINDING OF EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061 (13)(3) SUMMARY OF ORDINANCE: The proposed ordinance would make amendments to Titles 5 and 17 of the Temecula Municipal Code. Listed below is a summary of the proposed changes to the Municipal Code, each of which is discussed in greater detail in the analysis section, which follows: 1. Massage Appeals — Modify the amount of time that a hearing officer has to render their decision regarding a massage establishment permit appeal. 2. Temporary Use Permit (TUP) — Add an exemption for public agencies' events that do not require public road closures or impact traffic on public streets. 3. Home Occupation Permit — Limit the number of vehicles dedicated to the home occupation business. 4. Residential Districts — Make a correction to note 12 of the table and add note 12 reference for certain animal uses. 5. Development Standards Residential Districts — Amend the table to show private open space is measured in square feet (d). 6. Schedule of Permitted Uses Commercial/Office/Industrial Districts — Add yoga studios as a permitted/conditionally permitted use. 7. Commercial/Office/Industrial Districts — Add a requirement that all staircases for all new commercial, office, or industrial buildings shall be internalized. 8. Performance Standards Commercial/Office/Industrial Districts — Prohibit security bars on the exterior of buildings. 9. Development Standards Commercial/Office/Industrial Districts Table A — Correct a discrepancy regarding the Floor Area Ratio (FAR). 10. Development Standards Commercial/Office/Industrial Districts Table B — Correct a discrepancy regarding the Floor Area Ratio (FAR). 11. Alcoholic Beverage Sales — Correct the type of Alcoholic Beverage Control (ABC) License required for Restaurants. 12. Storage/Shipping Containers — Add development standards for storage/shipping containers used in both a residential and commercial setting. 13. Battery Storage — Add development standards for commercial battery storage. 14. Open Space Schedule of Permitted Uses — Remove riding stables and shooting galleries as permitted uses in Open Space (OS) and Open Space — Conservation (OS-C) Zoning Districts. 15. Accessory Dwelling Unit (ADU) — Correct an error for detached ADU's related to setback requirements. 16. Accessory Dwelling Unit (ADU) Add separation requirement between an ADU and the primary residence. 17. ADU Addressing —Codify City Council Resolution No. 2023-28. 18. Definitions — Modify the definition of "Specialty Market". 19. Definitions — Add a definition for "Health and Exercise Club". BACKGROUND: The City of Temecula City Council adopted the Municipal Code in January 1990. Since its adoption, the City Council has periodically made amendments to various sections of the Code to improve its clarity, make corrections and implement state law. The proposed amendments to the Temecula Municipal Code include amendments to Title 5 (Business Licenses and Regulations) and Title 17 (zoning). Pursuant to Government Code Section 65800, the Planning Commission is required to review and make recommendations to the City Council regarding zoning regulations and amendments to Title 17 Zoning (Development Code) of the Temecula Municipal Code. The changes to Title 5 (Business Licenses and Regulations) of the Temecula Municipal Code of the proposed ordinance fall outside the purview of the Planning Commission, in that it is not an amendment to Title 17. However, staff felt it was important for the Planning Commission to review these proposed changes as this proposed ordinance will impact massage establishments appeal processes in the future. The item was presented at a public hearing to the Planning Commission on November 1, 2023 and was recommended for adoption with a 5-0 vote. City staff met with the City Council General Plan Update Ad Hoc Subcommittee on October 10, 2023. (Mayor Pro Tern James Stewart and Councilmember Jessica Alexander). ANALYSIS Outlined below is the explanation for the proposed amendments: Massage — Appeal Section 5.22.140(D The proposed ordinance would amend the amount of time a hearing officer has to render their decision from ten (10) days to 30 (thirty) days. As stated during appeal hearings, the current time Game is impractical given the caseload of hearing officers and not realistic. The increase in time would give the hearing officer adequate time to consider the case and draft their decision and is the time recommended by the Office of Administrative Hearings. 2. Temporary Use Permits — Exemptions 17.04.020 There are currently no exemptions for Temporary Use Permits. The proposed ordinance would create a Temporary Use Permit exemption for any city, state, school district, community college district, or other public agencies' event that does not require public road closures, impact traffic on public streets and is held entirely on the entity's property. 3. Home Occupation Permits — Requirements for approval 17.04.030(D The proposed ordinance would clarify that the home occupation shall permit for the maximum of two vehicles dedicated to the business, to include instances where more than one home occupation is approved for the same residence. 4. Permitted Uses — Residential Districts Table 17.06.030 The proposed ordinance would correct Note 12 to refer to Title 6 (Animals) of the municipal code and add note 12 to Small animals, Poultry and Outdoor aviary which are existing animal land uses. This ordinance does not amend any animal keeping provisions. 5. Development Standards — Residential Districts Table 17.06.040 Presently, there is no unit of measure for residential private open space per unit, leading to confusion for staff and applicants. This ordinance would specify that the unit of measure is square feet with no changes to the amount of private open space required per unit. 6. Yea Studios — Commercial/Office/Industrial Districts Table 17.08.030 The proposed ordinance would add "yoga studios" to the existing land use category of "Aerobic/dance/gymnastics/jazzercise/martial arts studios" and would be permitted and conditionally permitted in the same zoning designations as these existing uses. 7. Stairs — Supplemental Development Standards 17.10.020 The proposed ordinance would add a requirement for all new commercial, office or industrial buildings that all staircases shall be internal and incorporated into the design of the building. Security Bars — Supplemental Development Standards 17.10.020 Security bars do provide some physical protection and can act as a deterrent; however such security bars should not negatively impact the aesthetics of the building or center. The proposed ordinance would specify that all security bars installed on commercial, office or industrial buildings must be installed on the interior of the building with no evidence visible from the public right-of-way. 9. Floor Area Ratio (FAR.) — Development Standards Table 17.08.040A There is an inconsistency between the target FAR for the Professional Office Zoning Designation between the General Plan and Municipal Code. The proposed ordinance would correct Table 17.08.040A FAR from 0.50 to 0.35 creating consistency between the General Plan and Municipal Code. 10. Floor Area Ratio (FAR) —Development Standards Table 17.08.040B There is an inconsistency between the target FAR for the Professional Office Zoning Designation between the General Plan and Municipal Code. The proposed ordinance would correct Table 17.08.040B FAR from 0.50 to 0.35 creating consistency between the General Plan and Municipal Code. 11. Alcoholic Beverage Sales — Restaurants Section 17.10.020 The proposed ordinance would correct the type of Alcoholic Beverage Control (ABC) License required for restaurants that sell distilled spirits to a Type 47 and restaurants serving only beer and wine to a Type 41. This is a typographical correct only and does not change licensing requirements for any restaurant. 12. Storage/Shipping Containers — Supplemental Development Standards Section 17.10.020 The proposed ordinance would add standards for the temporary placement of storage or shipping containers on both commercial and residential property. These standards would make such uses ancillary to the primary use and would be limited in duration. 13. Grid Scale Battery Storage — Sppplemental Development Standards Section 17.10.020 As technology evolves to meet the growing impacts of climate change, so does how electricity is generated and stored throughout the state. The smaller scale and footprint of battery storage facilities has created an environment where such facilities can be ancillary to existing uses or be standalone facilities on small parcels. These facilities tend to be unmanned and have the potential to cause impacts to surrounding uses and residents. The proposed ordinance would implement standards for grid scale battery energy storage facilities. These standards do not apply to non-commercial battery storage or residential battery storage systems. 14. Schedule of Permitted Uses — Open Space Table 17.14.030 The proposed ordinance would correct an inconsistency in the Open Space (OS) and Open Space -Conservation (OS-C) schedule of permitted uses by removing Riding Stable and Shooting galleries, ranges, archery courses as conditionally permitted uses in the OS and OS-C zoning districts as they are inconsistent with the definition of passive recreational uses allowed in the definition of the zoning districts. 15. ADU Setback — Projects exempt Building permit approval only Section 17.23.030 The proposed ordinance would correct an error in the code from stating a maximum setback of four feet from the ADU to property line is a minimum setback of four feet. These setbacks are established by state law and this change reflects the state standards for ADU setbacks which is a four foot minimum setback for ADU's. 16. Separation Clarification — General Requirements Section 17.23.040 The proposed ordinance would add a separation requirement from newly constructed detached ADU's and the primary residence of six feet, which is consistent with building and safety requirements. This standard is being added to ensure applicants are aware of the standard at the beginning of the project to eliminate potential corrections in the application review process. ADU's converted from existing structures are exempt from this standard. 17. ADU Addressing — Development Standards Section 17.23.050 The proposed ordinance would codify City Council Resolution No. 2023-28. This resolution established a procedure to address ADU and JADU's in a consistent manner to ensure timely response of emergency services as well as mail delivery. 18. Definition Clarification and Addition —Definitions 17.34.010 The proposed ordinance would modify the definition of "specialty market" to clarify the minimum square footage of the building to classify a business as a specialty market. The proposed ordinance would add a definition for "health and exercise club". There is currently some ambiguity within the code as it relates to personal fitness, health clubs and other similar types of uses. In this case a health and exercise club is what would traditionally be a "gym" that charges a membership fee, does not cater to a specific sport or activity and may contain sauna, swimming and/or hot tub facilities. FISCAL IMPACT: The proposed Ordinance does not have a direct fiscal impact, if adopted. ATTACHMENTS: 1. Ordinance 2. PC Resolution No. 2023-20 3. Notice of Public Hearing 4. Notice of Exemption ORDINANCE NO. 2023- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 5 AND 17 OF THE TEMECULA MUNICIPAL CODE MAKING MINOR REVISIONS TO MASSAGE ESTABLISHMENT, ACCESSORY DWELLING UNIT, HOME OCCUPATION PERMITS, AND TEMPORARY USE PERMIT REGULATIONS, ESTABLISH BATTERY STORAGE AND SHIPPING CONTAINER STANDARDS, CLARIFY THE PERMITTED USES ALLOWED IN THE OPEN SPACE - CONSERVATION DISTRICT, MODIFY THE DEFINITION OF SPECIALTY MARKET AND RESTAURANT, ADD DEFINITION FOR HEALTH AND EXERCISE CLUBS, MAKE OTHER CLERICAL REVISIONS AND MAKE A FINDING OF EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061 (11)(3) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. City staff identified the need to make minor revisions and clarifications to portions of Title 5 (Business Licenses and Regulations), and Title 17 (Zoning) of the Temecula Municipal Code. B. As required by State law, the Planning Commission considered the proposed amendments to Title 17 (Zoning) of the Temecula Municipal Code ("Code Amendments") on November 1, 2023, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support of or opposition to this matter. C. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted PC Resolution No. 2023-20, recommending that the City Council approve the Code Amendments. D. The City Council, at a regular meeting, considered the Ordinance on November 28, 2023, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. E. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 2. Further Findings. The City Council, in approving the proposed Ordinance, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: 1. The proposed uses are allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the general plan. Except for the amendments pertaining to the Open Space -Conservation (OS-C) Zoning designation, none of the proposed Code Amendments change the types of uses allowed in City. The Code Amendments remove riding stables and shooting galleries as conditionally permitted uses the OS-C zoning designation. These uses are inconsistent with the Open Space land use designation and are being removed to correct an inconsistency within the code. 2. The proposed uses are in conformance with the goals, policies, programs and guidelines of the elements of the general plan. The proposed changes to Title 17 conform with the goals, policies, programs and guidelines of the elements of the General Plan. The proposed changes modify the time the Office of Administrative Hearing has to render a decision on massage appeal is consistent with Goal 2 of the Growth Management/Public Facilities Element of the Temecula General Plan, which is to ensure "Orderly, and efficient patterns of growth that enhance quality of life for Temecula residents." Implementing an Accessory Dwelling Unit (ADU) addressing policy furthers Goal 4 of the Public Safety Element of the General Plan which states, "An effective response of emergency services following a disaster." Adopting development standards for external staircases, security bars, storage/shipping containers and grid scale energy storage facilities furthers Goal 6 of the Land Use Element of the General Plan which is to ensure, "A development pattern that preserves aesthetics and enhances the environmental resources of the Planning Area." The definition modifications further clarify what use constitutes a "Specialty Market," and "Health and Exercise Club" in furtherance of Goal 5 of the Land Use Element of the General Plan which states, "A land use pattern that protects and enhances residential neighborhoods." The remaining proposed amendments to the Temecula Municipal Code are minor clarifications and a correction of typographical edits and do not result in an inconsistency between the Temecula Municipal Code and the adopted General Plan. 3. The proposed uses are to be established and maintained in a manner which is consistent with the general plan and all applicable provisions contained therein. The proposed amendments to Title 17 of the Temecula Municipal Code do not propose any land use that is inconsistent with the Temecula General Plan. The majority of the Code Amendments do not create or allow new uses where they were not previously allowed. Only the revisions to the Open Space -Conservation (OS-C) Zoning district impact the use of land. The Code Amendments remove riding stables and shooting galleries as permitted uses in the OS-C zoning designation. These uses are inconsistent with the types of uses permitted in the OS-C Zoning district and are being removed to correct an inconsistency within the code. 2 Section 3. Environmental Findings. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Code Amendments would have a significant impact on the environment. The Code Amendments impose regulations on existing uses, but do not increase the intensity or density of any land use or allow any development where it was not otherwise permitted. The Community Development Director is hereby directed to file a Notice of Exemption in accordance with CEQA and the State CEQA Guidelines. Section 4. Subsection 5.22.140(D)(6) of Section 5.22.140(D) (Appeal) of Chapter 5.22.140 (Revocation, Permit Denial and Appeal) of 5.22 (Massage and Massage Establishments) of Title 5 (Business License and Regulations) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Section 5.22.140 remaining unchanged: 646. The hearing officer may uphold, modify or reverse the decision of the chief of police. Within ten thirty (30 days of the conclusion of the appeal hearing, the hearing officer shall render his or her decision and make written findings supporting the decision. He or she shall send the decision to the city clerk. Upon receipt of the hearing officer's decision, the city clerk shall send a copy of it to the chief of police and the appellant, along with a proof of mailing." Section 5. Subsection "G" (Exemptions) is hereby added to Section 17.04.020 (Temporary Use Permits.) of Chapter 17.04 (Permits) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows (with additions appearing in underlined text), with all other provisions of Section 17.04.020 remaining unchanged: G. Exemptions. The following entities or organizations are exempt from the requirements of this section: 1. City, state, federal, school district, community college district, or other public agencies' events when the events are conducted wholly on that agency's property or with the consent of another public property owner and when the events do not require public road closures or encroachment upon adjacent public streets. Section 6. Subsection "15" (Commercial Vehicles) is hereby added to Section 17.04.030 (Home Occupation Permits.) of Chapter 17 (Awesome chapter) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text), with all other provisions of Section 17.04.020 remaining unchanged: D. Requirements for Approval, Conditional Approval or Denial of a Home Occupation Permit. 3 15. A maximum of two vehicles shall be dedicated to the home occupation. This two -vehicle limit includes instances where more than one home occupation permit is issued for the same residence. Section 7. Table 17.06.030 (Schedule of Permitted Uses — Residential Districts) of Section 17.06.030 (Use regulations.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Section 17.06.030 remaining unchanged: Description of Use Residential Single-family detached Duplex (two-family dwellings) Single-family attached (greater than two units) Multifamily Manufactured homes Mobilehome park Facilities for the mentally disordered, disabled, or dependent or neglected children (six or fewer) Facilities for the mentally disordered, disabled, or dependent or neglected children (seven to twelve) Alcoholism or drug abuse recovery or treatment facility (six or fewer) Alcoholism or drug abuse recovery or treatment facility (seven or more) Residential care facilities for the elderly (six or fewer) Residential care facilities for the elderly (seven or more) Residential care facilities (six or fewer) Residential care facilities (seven or more) Congregate care residential facilities for the elderly, Boarding, rooming and lodging facilities Accessory dwelling units Guest house Family day care homes —small and Day care centers Bed and breakfast establishments6 Emergency shelters Transitional housing, Supportive housing, Table 17.06.030 Residential Districts HR RR VL I L- 1 L- 2 LM M H HR-SM' P P P P P P P - P 2,13 2,13 2,13 P13 P13 _ - - - - - P P P - P13 P13 _ P P P P P P P P P - - o C C C C C - P P P P P P P P P C C I C C I C I C P P C P P P P P P P P P C C C, C C C P P C P P P P P P P P P �0000000® �aaaaaoo� ©�00000�� �0�0000�� �000000�� 4 Efficiency units - - - - - - P P - Nonresidential Agriculture/open sace uses6 P P P P P P P P C Religious institutions C C C C C C C C C Public utility facilities C C C C C C C C C Educational institutions C C C C C C C C C Libraries C C o C C C C C - Commercial marijuana activity - - - - - - - - - Marijuana cultivationlo - - - - - - - - - Medical marijuana dispensaries - - - - - - - - - Museums and art galleries (not for profit) C C o C C C C C - Commercial kennels, commercial catteries, or cat/dog training center12 Noncommercial kennel - - - - - - - - - Noncommercial cattery- - - - - - - - Large animals horses, cattle, and mules)" - P P P P - - - - Small animals (burros, pigs, ponies and sheep) 12 P P P P P P Temporary real estate tract offices P P P P P P P P P Recreational vehicle storage yard3 - C C, C C C C C - Parking for commercial uses - - - - - - P P Nonprofit clubs and lodge halls - - - - - - P P - Convalescent facilities - - - - - - P P - Golf courses C C o C C C C C - Home occupations P P P P P P P P P Construction trailers, 6 P P P P P P P P P Short-term rentals - - - - - - - - - Animal keeping 12 - P P P P P P P - Apiaries or beekeeping12 - P P P P P P P - Poultry12 - P P P P P P - - Outdoor aviary'2 - P P P P P P P - Notes: 1. Transitional housing and supportive housing shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. 2. A duplex or two-family dwelling may be permitted on corner lots with a planned development overlay pursuant to the provisions of Chapter 17.22 of this title. 3. Subject to the provisions of Section 17.24.020(D)(2) of this title. 4. Allowed only with a single-family residence. 5. The director of planning shall have the discretion to waive submittal of an administrative development plan, if it is determined that the construction trailer will not have an adverse impact on adjacent residences or businesses. 6. Subject to the supplemental development standards contained in Chapter 17.10 of this title. 7. Not used. 8. These uses are not permitted within the Nicolas Valley rural preservation area, as identified in Figure LU-5 of the land use element of the general plan. 9. Development within the HR-SM zoning district is subject to Section 17.06.080, Hillside development standards. 10. Marijuana cultivation (as defined in Chapter 8.52) for medical, non -medical or other purposes, are prohibited uses everywhere in the city including all zoning districts, specific plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060 of the Temecula Municipal Code. 11. Legal nonconforming single-family residences will be permitted to construct accessory dwelling units if they meet the requirements of this Section 17.06.050(K). 12. Subject to the supplemental development standards contained in Chapter Title 6 6.04 of this code. Section 8. Table 17.06.040 (Development Standards — Residential Districts) of Section 17.06.040 (Development Standards.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Section 17.06.040 remaining unchanged: Table 17.06.040 Develo ment Standards —Residential Districts Residential Development HR RR VL L-1 I L-2 LM M H HR-SM Standards I I I I Lot Area Minimum net lot area (sq. - - - - - 7,200 2 7,200 - - ft.) Minimum net lot area 10 5 2.5 1 'h - - - 10 (acres) Density range (dwelling <0 1 0.1- 0.2- 0.5- 0.5- 3.0- 7.0- 13.0- <0.1 units per net acre') 0.2 0.4 2.9 2.9 6.9 12.9 20.0 Lot Dimensions Minimum lot frontage at 50 50 40 40 30 30 30 30 50 front property line (feet) Minimum lot frontage for a flag lot at the front property 40 40 30 30 25 20 20 20 40 line (feet) Minimum width at required 100 100 100 70 50 50 40 30 100 front setback area (feet) Minimum average width 100 100 80 70 60 50 50 50 100 (feet) Minimum lot depth (feet) 150 150 120 l 00 90 80 80 100 150 Setbacks Minimum front yard (feet) 40 40 25 25 151 103 103 20 4 Avg. 40 Minimum corner side yard 40 40 15 15 15 15 15 15 40 (feet) Minimum interior side yard 25 25 10 10 10 Variables Variables 25 (feet) IVariables Setbacks (continued) Minimum rear yard (feet) 25 1 25 20 20 1 20 1 20 1 20 20 25 Other Requirements Maximum height (feet) 35 35 35 35 35 35 40 50 Subject to Section 17.06.080 Maximum percent of lot 10% 15% 20% 25% 25% 35% 35% 30% Subject to coverage Section 17.06.080 Open space required o 90 /0 0 75 /0 0 70 /0 0 60 /0 0 40 /0 0 25 /0 0 25 /0 o 30 /o Subject to Section 17.06.080 Private open space/per unit NA I NA NA NA NA I NA I 200 I 150 Subject to (square feet) Section 17.06.080 Section 9. Table 17.08.030 (Schedule of Permitted Uses Commercial/Office/Industrial Districts) of Section 17.08.030 (Use regulations.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Table 17.08.030 remaining unchanged: 6 Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use INCI CIHTISCIPOIBPI LI A Aerobics/dance/gymnastics/jazzercise/martial arts/yoga _ P P P - C and Pilate studios (greater than 5,000 sq. ft.) Aerobics/dance/gymnastics/jazzercise/martial arts/ yoga C P P P C C and Pilate studios (less than 5,000 sq. ft.) E Energy Stora e Facilit - - - - - C C Section 10. Subsection "I" (Stairs) is hereby added to Section 17.08.050 (Special Use Regulations and Standards.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby added to read as follows (with additions appearing in underlined text), with all other provisions of Section 17.08.050 remaining unchanged: I. Stairs. All staircases and stairwells shall be located entirely within and incorporated into the desijzn of the building. Section 11. Subsection "J" (Window Security) is hereby added to Section 17.08.050 (Special Use Regulations and Standards.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby added to read as follows (with additions appearing in underlined text), with all other provisions of Section 17.08.050 remaining unchanged: J. Security Bars. All securitv bars shall be entirelv located within the building and shall not be visible from the exterior of the building and the public right of way. Security bars shall include any device physically installed for the security of a building whether placed on a door or window. All securitv bars shall be comDliant with the adopted edition of the California Building and Fire Code. Section 12. Table 17.08.040(A) (Development Standards — Commercial/Office/Industrial Districts for Developments within Planned Shopping Centers or Industrial/Business Parks) of Section 17.08.040 (Development Standards.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text) with all other provisions of Table 17.08.040(A) remaining unchanged: Table 17.08.040A Development Standards—Commercial/Office/Industrial Districts for Developments within Planned Shopping Centers or IndustrialBusiness Parks Development Standards NC CC I HT SC PO BP LI Minimum gross area of site 5 acres 10 acres 10 acres 10 acres 5 acres 10 acres 10 acres Target floor area ratio 0.25 0.30 0.30 0.30 0.350 0.40 0.40 Table 17.08.040A Development Standards—Commercial/Office/Industrial Districts for Developments within Planned Shopping Centers or IndustrialBusiness Parks Development Standards NC CC HT SC PO BP LI Maximum floor area ratio with intensity bonus as per 0.40 1.0 1.0 1.5 1.0 1.5 1.0 Section 17.08.050 Front yard adjacent to a street: Arterial street 25 ft. 20 ft. 25 ft. 25 ft. 25 ft. 20 ft. 20 ft. Collector 20 ft. 15 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. Local 15 ft. 10 ft. 15 ft. 15 ft. 10 ft. 10 ft. 10 ft. Yard adjacent to residentially zoned 25 ft. 25 ft. 30 ft. 30 ft. 25 ft. 35 ft. 40 ft. property Interior side yard 0 0 0 0 0 0 0 Rear yard 15 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. Accessory structure—Side/rear 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. setback Minimum building separation: One story: 10 ft. 10 ft. 10 ft. 15 ft. 15 ft. 15 ft. 15 ft. Two stories: 15 ft. 15 ft. 15 ft. 20 ft. 20 ft. 20 ft. 20 ft. Three stories or more 20 ft. 20 ft. 25 ft. 25 ft. 25 ft. 25 ft. Maximum height 35 ft. 50 ft. 75 ft. 50 ft. 75 ft. 50 ft. 40 ft. Maximum percent of lot coverage 25% 30% 30% 30% 50% 40% 40% Minimum required landscaped open 25% 20% 20% 20% 25% 25% 20% space' Fence, wall or hedge screening Not 6 ft. 6 ft. 6 ft. 6 ft. outdoor storage —Minimum height allowed Fence, wall or hedge screening Not outdoor storage —Maximum height 6 ft. 8 ft. 8 ft. 12 ft. allowed 12 ft. 12 ft. Accessory structure —Maximum 12 ft. 12 ft. 12 ft. 12 ft. 12 ft. 12 ft. 12 ft. height Notes: 1. Minimum required landscaped open area does not include necessary planting within the right-of-way. 2. All projects proposing an increase in FAR beyond the target FAR are required to comply with the criteria described in Section 17.08.050(A). Section 13. Table 17.08.040(B) (Development Standards — Commercial/Office/Industrial Districts for a Development on a Separate Lot) of Section 17.08.040 (Development Standards.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text) with all other provisions of Table 17.08.040(B) remaining unchanged: Table 17.08.040B Development Standards—Commercial/Office/Industrial Districts for a Development on a Separate Lot Development Standards NC CC HT SC PO BP LI Minimum net lot area (sq. ft.) 30,000 30,000 20,000 40,000 40,000 401000 40,000 sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. Target floor area ratio2 0.25 0.30 0.30 0.30 0.350 0.40 0.40 Table 17.08.040B Development Standards—Commercial/Office/Industrial Districts for a Development on a Separate Lot Development Standards NC CC HT SC PO BP LI Maximum floor area ratio with intensity bonus as per 0.40 1.0 1.0 1.5 1.0 1.5 1.0 Section 17.08.050 Minimum width at required front 50 ft. 50 ft. 80 ft. 100 ft. 80 ft. 100 ft. 100 ft. setback area Minimum depth 100 ft. 100 ft. 100 ft. 120 ft. 120 ft. 120 ft. 120 ft. Minimum frontage on a street 30 ft. 30 ft. 50 ft. 80 ft. 60 ft. 80 ft. 80 ft. Yard area adjacent to a street: Arterial street 25 ft. 15 ft. 25 ft. 25 ft. 20 ft. 20 ft. 20 ft. Collector 25 ft. 10 ft. 25 ft. 25 ft. 20 ft. 20 ft. 20 ft. Local 15 ft. 10 ft. 15 ft. 15 ft. 10 ft. 10 ft. 10 ft. Interior side yard 0 0 0 0 0 0 0 Rear yard 15 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. Accessory structure—side/rear setback 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. Yard areas adjacent to residentially 25 ft. 25 ft. 30 ft. 30 ft. 25 ft. 30 ft. 40 ft. zoned prove Maximum height 35 ft. 50 ft. 75 ft. 50 ft. 75 ft. 50 ft. 50 ft. Maximum percent of lot coverage 25% 30% 30% 30% 50% 40% 40% Minimum required landscaped open 25% 20% 20% 20% 25% 25% 20% space' Fence, wall or hedge —maximum 6 ft. 6 ft. 6 ft. 6 ft. 6 ft. 6 ft. 6 ft. height Accessory structure —maximum height 12 ft. 12 ft. 12 ft. 12 ft. 12 ft. 12 ft. 12 ft. Fence, wall or hedge screening outdoor Not 6 ft. 6 ft. 6 ft. 6 ft. storage —minimum height allowed Fence, wall or hedge screening outdoor Not 6 ft. 8 ft. 8 ft. 12 ft. 12 ft. 12 ft. storage —maximum height allowed Notes: 1. Minimum required landscaped open area does not include necessary planting within the right-of-way. 2. All projects proposing an increase in FAR beyond the target FAR are required to comply with the criteria described in Section 17.08.050(A). Section 14. Subsection 17.10.020(B)(4) of Section 17.10.020 (Supplemental Development Standards.) of Chapter 17.10 (Supplemental Development Standards.) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.10.020 remaining unchanged: 4. Restaurants shall operate under the following requirements: a. Restaurants that are open to the public for business and engaged in the ancillary sale of alcoholic beverages shall provide restaurant services to the public during all hours that the establishment is open. Restaurant service shall include, but not be limited to, an offering and the ability to order a varied menu of foods of not less than five main courses with appropriate nonalcoholic beverages, desserts, salads, and other attendant dishes. b. A conditional use permit is required for restaurants that plan on offering, selling, or serving beer, wine, and distilled spirits (typically a Type 47 4 - California ABC license), unless otherwise regulated by a current specific plan. Restaurants offering beer, wine, and distilled spirits must cease alcohol sales one half hour prior to closing. c. Restaurants are permitted to serve beer and wine (typically a Type 4142 California ABC license) as a matter of right Section 15. Subsection "U. (Storage Containers)" is hereby added to Section 17.10.020 (Supplemental Development Standards.) of Chapter 17.10 (Supplemental Development Standards.) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.10.020 remaining unchanged: U. Storage Containers. I) Purpose and Intent. The intent of this section is to provide for the limited temporary use of storage containers for residential, commercial/office/industrial, Planned Development Overlay (PDO) and Specific Plan zoned properties. 2) Definition. For the purposes of this chapter, Storage Container shall mean any sturdy container greater than one hundred and twenty (120) square feet with strength suitable to withstand shipment, storage, and handling with or without utility connection(s). Any device or container that meets this definition shall be considered a storage container, regardless of its nomenclature, construction material, type of container, design, original purpose or new/repurposed use. All Residential and Open Space Zoning Districts. Storage containers are not a permitted use or accessory use in any residential or open space zoning district throughout the city and therefore shall not be permitted. a) Exemptions. (i) Temporaryplacement to support the construction of a new primary residence with a valid building_ permit. (a) Required to obtain a Temporary Use Permit (TUP) in accordance with Chapter 17.04.020 and subject to the requirements of this section of the Temecula Municipal Code. (b) Limited for use as storage only, no habitation is permitted. (c) Limited to the duration of construction or date specified in the TUP, whichever is less. (d) Shall be removed from the site prior to final inspection of the new primary residence. (ii) A storage container for the purpose of moving, storing, toring transporting personal property for the purposes of moving residences or placing items in long term storage can be placed on the private driveway residence for a time not to exceed seven days without a TUP. 10 (a) Placement of storage containers in the public right of way shall not be permitted without an encroachment permit as specified in Chapter 18.12 of this Code. 4) Commercial, Business Park, Professional Office and Industrial Districts. Storage containers may be permitted through a TemporaLy Use Permit (TUP) for a limited duration subject to the requirements of Chapter 17.04.020 and this section of the Temecula Municipal Code. a) Storage containers shall be placed in loading or service areas only and shall not be visible from the public right-of-way. b) Storage containers shall not be located in any landscaped area. c) Storage containers shall not be placed in any parking stalls without a parking anal demonstrating compliance with Chapter 17.24 of this code, to the satisfaction of the Director of Community Development. d) Storage containers shall not have any signage or advertising_ e) Utility connection(s) shall require a building permit. f) Containers may be required to be painted to match the existing building, at the discretion of the Director of Community Development. g) Containers must be maintained free of graffiti, vandalism, rust, circumstances that may arise from a lack of maintenance. h) Any three violations during the effective period of the TUP shall be cause for the revocation of the TUP. i) Where a zoning district addresses storage, those standards shall apply to the extent they are inconsistent with the provisions of this Section. 5) Mixed Use Zoning Districts. a) Storage containers may be qpproved through a TUP as a temporary accessory use for commercial land uses located on the first floor in zoning districts that permits mixed use development and shall comply with Section 17.10.020(U)(4) of this chapter. b) Storage containers are not a permitted accessory use for residential land uses in zoning districts that permit mixed use development, without exemption. 6) Specific Plan Districts. a) Where a Specific Plan addresses the accessory use of storage containers, those standards shall be applicable to all properties subject to its requirements. b) Where a Specific Plan does not address the accessory use of storage containers, the standards in this Section shall apply. c) The Director of Community Development shall have the sole discretion to determine which standards shall apply when there is ambiguity in the Municipal Code or Specific Plan related to zoning districts. 7) Ancillary Use Only. Storage containers shall only be allowed as a temporary ancillary use for property with a completed development plan or on a property with all active and valid building permits for the construction of new buildings. 8) Time duration. Placement of storage containers shall be set by the TUP and in no case shall a storage container be placed or installed on the site for longer than one year. Relocation or movement of the storage container on the site does not impact the time limits set by the TUP. Section 16. Subsection "V. (Energy Storage Facility)" is hereby added to Section 17.10.020 (Supplemental Development Standards.) of Chapter 17.10 (Supplemental Development Standards.) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.10.020 remaining unchanged: V. Energy Sy torage Standards. 1) Purpose and Intent. Energy Storage Facility regulations are adopted with the intent of advancing and protecting the public health, safety, and welfare of the City of Temecula by establishing regulations for the installation and use of energy storage systems. The regulations herein are intended to protect the health, welfare, safety, and quality of life for the general public, to ensure compatible land uses in the areas affected by storage facilities and to mitigate the impacts of energy storage facilities on the environment. a) Energy Storage facilities shall be permitted through a Conditional Use Permit (CUP) only in the zoning specified in Table 17.08.030, Schedule of Permitted Uses Commercial/Office/Industrial Districts. Definitions. The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section as follows: a) Battery. A single cell, stack, core building block, or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. For the purposes of this chapter, batteries utilized in consumer products are excluded from these requirements. b) Battery Management System. An electronic system that prevents storage batteries from operating outside their safe operating parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected. The systemgenerates an alarm and trouble signal for abnormal conditions. c) Battery Energy Storage System. A system consisting of electrochemical, kinetic, thermal, or other form of energy -storage technology storage torage batteries, battery chargers, controls, power conditioning systems and associated electrical equipment, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone 12-volt car battery or an electric motor vehicle. d) Cell. The basic electrochemical unit, characterized by an anode and a cathode, used to receive, store, and deliver electrical energy. e) Commissioning. A systematic process that provides documented confirmation that a battery energy storage torage system functions according to the intended design criteria and complies with applicable code requirements. f) Decommissioning Plan. A plan to retire the physical facilities of the project, including decontamination, dismantlement, rehabilitation, landscaping and monitoring The plan contains detailed information on the proposed decommissioning and covers the schedule, type and sequence of decommissioning activities; waste management, storage and disposal of the waste from decommissioning; the timeframe for decommissioning and site rehabilitation. 12 g) Energy Storage facility. Are stationary commercial facilities, that contain one or more energy storage s, sus) for the purposes of capturing or purchasing energy and releasing, selling, transferring or trading energy back to the utility providers for monetary or other gain. This definition does not include private residential energy storage or backup systems. h) Energy Storage System. A system which stores energy and releases it in the same form as was input. Applicability. The requirements of this ordinance shall apply to all energy storage facilities permitted, installed, or modified after the effective date of this ordinance, excluding general maintenance and repair. Energy Storage Facilities constructed or installed prior to the effective date of this ordinance shall not be required to meet the requirements of this chapter. Modifications to, retrofits or replacements of an existing energy storage facility that increases the total energy storage system designed discharge duration or power rating shall be subject to this chapter. The continuation of legally established existing utility -scale tilit. Energy Storage Systems shall be subject to the regulations and guidelines of Chapter 17.03.070 (Legal nonconformities) of this Code. 4) Development Standards. a) Energy storage facilities must meet all applicable standards of the adopted Building and Safety Codes and of the adopted Fire Codes. b) Energy storage facilities shall comply with the site design requirements set forth below in addition to all other applicable chapters of the Temecula Municipal Code: (i) Where visible from public view, the site shall be fully enclosed by a minimum six- foot. non -scalable solid wall. Where not visible from public view. the site shall be enclosed by a minimum six-foot, non -scalable solid wall or tubular steel or wrought iron fencing. Said wall or fencing shall be located outside of the required yard of the applicable zone. Walls shall consist of either decorative concrete masonry block or decorative concrete tilt -up walls. Decorative concrete masonry block means neutral colored slump stone block, split -face block, or precision block with a stucco, plaster, or cultured stone finish. Decorative concrete tilt -up wall means concrete with a combination of paint and raised patterns, reveals, and/or trim lines. When sound and visual attenuation requires a wall exceeding 6 feet above the grade of the adjacent roadway, earth mounds shall be used, such that no more than 6 feet of the wall is visible from the roadway. The mounds shall not exceed a three -to -one (3:1) ratio slope. The mounds may support the wall or be placed against the wall on the street side. Wall heights shall be limited to the standards in the applicable zoning district. (ii) No landscapin is s required on the interior side of the screen walls described in subparagraph (b)(i), above, regardless of the percentage of open space landscaping required. 13 The minimum required open space, as required by this Title, shall be limited to the perimeter landscaping surroundingperimeter screening wall or fencing described in subparagraph (b)(i), above. Said perimeter landscaping shall be no less than the applicable required yard setbacks. (iii)Solid walls surrounding facilities which are below grade of an adjacent street or property shall incorporate a berm/slope along the entire length of the wall to ensure facilities are not visible from public view. (iv)Anti-graffiti coating or equivalent measure to prevent graffiti shall be provided for all solid screen walls (v) Except as set forth in subparagraph (vi), no equipment or appurtenances not in an enclosed structure shall exceed the screen wall height described in subparagraph (i), above, unless it can be demonstrated through a line -of -sight analysis to the satisfaction of the Director of Community Development that the wall height will sufficiently screen said equipment and/or appurtenances. Enclosures for batteries and other systems shall not exceed fifteen (15) feet in height. (vi)Accessory structures such as utility poles or utility connection equipment, substation switchyard and similar equipment, necessary for the operation of the facility may exceed the height standards of the applicable zone subject to the Director of Community Developments approval. (vii) Within the Business Park (BP) zone, all equipment or appurtenances shall be located within an enclosed building. However, accessory structures such as utility poles or utility connection equipment substation switchyard, and similar equipment, necessary for the operation of the facility is not required to be located within the enclosed building. (viii) On -site parking shall be provided as specified below: (a) For sites occupied daily by employees or contractors, one parking space per employee or contractor shall be provided. (b) For unoccupied sites, one on -site parking space shall be provided. (c) All parking, fire access roadways, and drive aisles shall be paved with asphalt or concrete, to the satisfaction of the Director of Community Development. (d) All parking lots shall comply with Chapter 17.24 of this code. (e) All facilities shall have an approved signage plan including safety signs eg to be posted at the site. (f) All improvements and site specifications shall be subject to approval of a Hazard Mitigation Analysis. Said reports shall be reviewed by the City of Temecula Fire Department and Building and Safety Departments. These reports must be approved concurrently with any entitlements. The purpose of this analysis is to evaluate the potential for adverse effects to people or the environment related to hazards and hazardous materials. The California Environmental Quality Act (CEQA) requires the analysis of potential adverse effects of a project on the environment. Consistent with Appendix G of the CEQA Guidelines, a proposed project would cause adverse impacts related to 14 hazards and hazardous materials if they would create a significant hazard to the public or the environmental through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. 5) Decommissioning. a) Decommissioning Plan. Prior to issuance of any building_ permits related to decommissioning activities, the applicant shall submit a Decommissioning Plan containing a narrative description of the activities to be accomplished for removing the energy storage system from service, and from the facility in which it is located. The Decommissioning Plan shall also include: (i) A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all energy storage system components, structures, equipment, security barriers, and transmission lines from the site: (ii) Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations; (iii)The anticipated life of the Battery energy storage system; (iv)The manner in which the Battery energy storage system will be decommissioned, and the Site restored, including a description of how any changes to the surrounding areas and other systems adjacent to the Battery energy storage system, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed; and (v) A listing of any contingencies for removing an intact operational energy storage system from service, and for removing an energy storage torage system from service that has been damaged by a fire or other event. b) Ownership Changes. If the owner of the Battery energy storage torage facility changes or the owner of the property changes, the project approvals shall remain in effect, provided that the successor owner or operator assumes in writing all the obligations of the project, site plan approval, and Decommissioning Plan. A new owner or operator of the Battery energy serge facility shall notify the Community Development Department of such change in ownership or operator within thirtyy(30) dqys of the ownership change. A new owner or operator must provide such notification to the Community Development Department in writing The project and all approvals for the Battery energy storage facilities shall be void if a new owner or operator fails to provide written notification to the Community Development Department in the required timeframe. Reinstatement of a voided project or approvals will be subject to the same review and approval processes for new applications under this chapter. 6) Performance Measures and Standard Conditions of Approval. The following measures shall be included as performance measures and standard conditions of approval for all energy storage facilities. a) Facilities shall not store anyproducts, goods, materials, or containers outside of any building on -site. 15 b) Facilities shall comply with noise requirements in Chapter 9.20 of this code. c) Operators shall address any nuisance, safety issues or violations of conditions of approval within forty-eight hours of being notified by the city that an issue exists. d) Prior to the issuance of a Certificate of Occupancy or Business License, any operator of an energy storage facility shall sign a statement acknowledging acceptance of all operational conditions of approval associated with the approved entitlements for the facility. 7) Finding of Economic Benefit; Public Benefit Agreement; Exempt Projects. a) Consistent with Public Resources Code section 25545.9, and in addition to all other findings and determinations necessary for the grant of a CUP, no conditional use permit for a Energy Storage Facility, shall be granted unless the City finds that the construction and operation of the facility will have an overall net positive economic benefit to the City. For pLiMoses of this sub -section, economic benefits may include, but are not limited to, any of the following_ (i) Employment growth. (ii) Housingdevelopment. (iii)Infrastructure and environmental improvements. (iv)Assistance to public schools and education. (v) Assistance to public safety agencies and departments. (vi) Property taxes and sales and use tax revenues. b) Consistent with Public Resources Code section 24454.10, no conditional use permit for a Battery Energy Storage Facility, shall be granted unless the City has entered into a legally binding and enforceable agreement with, or that benefits, the City, where there is mutual benefit to the parties to the agreement. The topics and specific terms of the community benefits agreements may vary and may include fundingfor or or providing specific community improvements or amenities such as park and pla ryg ound equipment, urban greening, enhanced safety crossings, and paving roads and bike ap ths. c) The City of Temecula finds and declares that, where a Battery Energy Serge Facility, Utility Scale is issued a certificate pursuant to Chapter 6.2 (commencing with Section 25545) of Division 15 of the Public Resources Code, and where such certificate is in lieu of a conditional use permit or other permit, certificate, or document required by the City, a community benefit agreement in the form described in subsection (a), above, shall satisfy the obligations on Public Resources Code section 24454.10. Section 17. Table 17.14.030 (Schedule of Permitted Uses — Open Space) of Section 17.14.030 (Use Regulations) of Chapter 17.14 (Open Space/Recreation/Conservation Zoning Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text) with all other provisions of Table 17.14.030 remaining unchanged: 16 Table 17.14.030 Schedule of Permitted Uses —Open Space Schedule of Uses PR OS OS-C OS-C-SM Agricultural uses - C C - Athletic field P - - - Bicycle paths P C C - CampRround C - I - - Caretakers' quarters C C C - Cemeteries, mausoleums and related uses C C - - Communications and microwave installations - - Flood control structures C C C C Game courts, badminton, tennis, racquetball P C - - Golf driving range not part of a golf course C C - - Golf course and clubhouse C C - - Golf course resort (including accessory visitor supporting accommodations and commercial uses, such as hotels, fractional ownership units, day spa, restaurants and conference center C - - - Government and public utility facilities C C C C Gymnasium C - - - Commercial marijuana activities - - - - Marijuana cultivatiow - - - - Nature centers/exhibits P C C - Nurseries - C - - Outdoor exhibits P P P - Picnic aroup facilities C C - - Private parks and recreation facilities P C - - Parking areas C C C - Public parks and recreation facilities P C - - Recreational vehicle park - C - - Riding stable, public or private C C _ G _ - Shooting galleries, ranges, archery courses - E_ - Single-family dwellings (1 unit per 40 acres) - P C - Tree farms - C - - Note: 1. All development subject to the standards set forth in Section 17.06.080. 2. Marijuana cultivation (as defined in Chapter 8.52) for medical, non -medical or other purposes, are prohibited uses everywhere in the city including all zoning districts, specific plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060 of the Temecula Municipal Code. Section 18. Item 2 of Subsection D of Section 17.23.030 (Projects exempt — Building permit approval only.) of Chapter 17.23 (Accessory Dwelling Units) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.23.030 remaining unchanged: 2. One detached, new construction ADU dia4 does not exeeed that has a minimum four -foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The ADU may be combined with a JADU described in subsection (D)(1) above. The ADU shall be no more than eight hundred square feet in size, with a height limit of sixteen feet. 17 Section 19. Subsection I (Separation) is hereby added to Section 17.23.040 (General requirements and application procedure.) of Chapter 17.23 (Supplemental Development Standards) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.23.040 remaining unchanged: I. Separation. All detached accessory dwellingunits nits (ADU's) shall have a minimum 6 foot separation from the primary residence, as measured in a straight line from exterior wall to exterior wall. Existing accessory structures converted to an ADU shall not be required to meet this standard. Section 20. Item 7 (Addressing) is hereby added to Subsection 17.23.050(B) (Development Standards) of Section 17.23.050 (ADU Standards) of Chapter 17.23 (Accessory Dwelling Units) of Title 17 (Zoning) of the Temecula Municipal Code, (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.23.050(B) remaining unchanged: 7. Addressing. Addressing for all ADU and JADU units shall be as follows. without exception: a. The primary residential unit, newly constructed or existing, shall be addressed according to existing policy and shall include an illuminated "Unit 1" identifier. This shall only be applicable if an ADU or JADU is proposed for the same parcel. b. A second residential unit, an ADU or JADU, shall bear the same main address as the primary residence with the additional unit bearing an illuminated "Unit 2" identifier. c. A third and final residential unit, an ADU or JADU, shall bear the same main address as the primary residence with the additional unit bearing an illuminated "Unit 3" identifier. d. All addresses shall be legible and physically installed in a prominent location on the building that clearly identifies which entry is associated with each address and in accordance with Section 17.28.050(N) of this code. Section 21. Section 17.34.010 (Definitions and illustrations of terms) of Chapter 17.34 (Definition of Terms) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add a definition of "Health and Exercise Club" and to amend the definition of "Specialty market" to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.34.010 remaining unchanged: H. "Health and Exercise Club" means fitness centers, gymnasiums, health and athletic facilities which charge a membership fee for access that may include indoor sauna or hot hib facilities- S. "Specialty market" means a retail market that specializes in a specific type or class of food, drink, and related products. 18 fi � thatisandsquare o*. In no case shall a specialty market be less than ten thousand (10,000) square feet. Section 22. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 23. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. Section 24. Effective Date. This Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , ATTEST: Randi Johl, City Clerk [SEAL] 19 Zak Schwank, Mayor STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2023- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 28th day of November, 2023, 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: 20 Randi Johl, City Clerk PC RESOLUTION NO.2023-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 5 AND 17 OF THE TEMECULA MUNICIPAL CODE MAKING MINOR REVISIONS TO MASSAGE ESTABLISHMENT, ACCESSORY DWELLING UNIT, HOME OCCUPATION PERMIT, AND TEMPORARY USE PERMIT REGULATIONS, ESTABLISH BATTERY STORAGE AND SHIPPING CONTAINER STANDARDS, CLARIFY THE PERMITTED USES ALLOWED IN THE OPEN SPACE -CONSERVATION DISTRICT, MODIFY THE DEFINITION OF SPECIALTY MARKET AND RESTAURANT, ADD DEFINITION FOR HEALTH AND EXERCISE CLUBS, MAKE OTHER CLERICAL REVISIONS AND MAKE A FINDING OF EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061 (B)(3)." Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. City staff identified the need to make revisions and -clarifications to portions of Title 5 (Business Licenses and Regulations) and Title 17 (Zoning) of the Temecula Municipal Code. B. The Planning Commission, at a regular meeting, considered the proposed amendments to Title 5 (Business Licenses and Regulations) and Title 17 (Zoning) of the Temecula Municipal Code on November 1, 2023, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter. C. The proposed amendments to Title 5 & 17 are consistent with the City of Temecula General Plan, and each element thereof. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council adopt the Ordinance attached hereto as Exhibit "A". E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: The Planning Commission, in recommending adoption of the proposed Ordinance, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: 1. The proposed use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the general plan. Except for the amendments pertaining to the Open Space -Conservation (OS-C) Zoning designation, none of the proposed Code Amendments change the types of uses allowed in City. The Code Amendments remove riding stables and shooting galleries as conditionally permitted uses the OS-C zoning designation. These uses are inconsistent with the Open Space land use designation and are being removed to correct an inconsistency within the code. All other proposed amendments are operational clarifications and typographical edits and do not propose any land use changes contrary to the adopted General Plan. 2. The proposed uses are in conformance with the goals, policies, programs and guidelines of the elements of the general plan. The proposed changes to Title 17 conform with the goals, policies, programs and guidelines of the elements of the General Plan. The proposed changes modify the time the Office of Administrative Hearing has to render a decision on massage appeal is consistent with Goal 2 of the Growth Management/Public Facilities Element of the Temecula General Plan, which is to ensure "Orderly, and efficient patterns of growth that enhance quality of life for Temecula residents." Implementing an Accessory Dwelling Unit (ADU) addressing policy furthers Goal 4 of the Public Safety Element of the General Plan which states, "An effective response of emergency services following a disaster." Adopting development standards for external staircases, security bars, storage/shipping containers and grid scale energy storage facilities furthers Goal 6 of the Land Use Element of the General Plan which is to ensure, "A development pattern that preserves aesthetics and enhances the environmental resources of the Planning Area." The definition modifications further clarify what use constitutes a "Specialty Market," and "Health and Exercise Club" in furtherance of Goal 5 of the Land Use Element of the General Plan which states, "A land use pattern that protects and enhances residential neighborhoods." The remaining proposed amendments to the Temecula Municipal Code are minor clarifications and a correction of typographical edits and do not result in an inconsistency between the Temecula Municipal Code and the adopted General Plan. 3. The proposed uses are to be established and maintained in a manner which is consistent with the general plan and all applicable provisions contained therein. The proposed amendments to Title 17 of the Temecula Municipal Code do not propose any land use that is inconsistent with the Temecula General Plan. The majority of the Code Amendments do not create or allow new uses where they were not previously allowed. Only the revisions to the Open Space -Conservation (OS-C) Zoning district impact the use of land. The Code Amendments remove riding stables and shooting galleries as permitted uses in the OS-C zoning designation. These uses are inconsistent with the types of uses permitted in the OS-C Zoning district and are being removed to correct an inconsistency within the code. Section 3. Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed Ordinance No. 2023- is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061 (b) (3) because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The Code Amendments impose regulations on existing uses, but do not increase the intensity or density of any land use or allow any development where it was not otherwise permitted. The Planning Commission, therefore, recommends that the City Council of the City of Temecula adopt a Notice of Exemption for the proposed ordinance. Section 4. Recommendation. The City of Temecula Planning Commission hereby recommends the City Council approve Planning Application No. LR23-0180, a proposed Citywide Ordinance as set forth on Exhibit "A", attached hereto, and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 1 st day of November 2023. ATTEST: C4Luke W_Kdats n 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. 2023-20 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 1st day of November 2023, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Hagel, Ruiz, Solis, Turley-Trejo, Watts NOES: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None Luke Watson Secretary ORDINANCE NO. 2023- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 5 AND 17 OF THE TEMECULA MUNICIPAL CODE MAKING MINOR REVISIONS TO MASSAGE ESTABLISHMENT, ACCESSORY DWELLING UNIT, HOME OCCUPATION PERMITS, AND TEMPORARY USE PERMIT REGULATIONS, ESTABLISH BATTERY STORAGE AND SHIPPING CONTAINER STANDARDS, CLARIFY THE PERMITTED USES ALLOWED IN THE OPEN SPACE - CONSERVATION DISTRICT, MODIFY THE DEFINITION OF SPECIALTY MARKET AND RESTAURANT, ADD DEFINITION FOR HEALTH AND EXERCISE CLUBS, MAKE OTHER CLERICAL REVISIONS AND MAKE A FINDING OF EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061 (11)(3) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. City staff identified the need to make minor revisions and clarifications to portions of Title 5 (Business Licenses and Regulations), and Title 17 (Zoning) of the Temecula Municipal Code. B. As required by State law, the Planning Commission considered the proposed amendments to Title 17 (Zoning) of the Temecula Municipal Code ("Code Amendments") on November 1, 2023, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support of or opposition to this matter. C. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted PC Resolution No. 2023- , recommending that the City Council approve the Code Amendments. D. The City Council, at a regular meeting, considered the Ordinance on November 28, 2023, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. E. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. 1 Section 2. Further Findings. The City Council, in approving the proposed Ordinance, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: 1. The proposed uses are allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the general plan. Except for the amendments pertaining to the Open Space -Conservation (OS-C) Zoning designation, none of the proposed Code Amendments change the types of uses allowed in City. The Code Amendments remove riding stables and shooting galleries as conditionally permitted uses the OS-C zoning designation. These uses are inconsistent with the Open Space land use designation and are being removed to correct an inconsistency within the code. 2. The proposed uses are in conformance with the goals, policies, programs and guidelines of the elements of the general plan. The proposed changes to Title 17 conform with the goals, policies, programs and guidelines of the elements of the General Plan. The proposed changes modify the time the Office of Administrative Hearing has to render a decision on massage appeal is consistent with Goal 2 of the Growth Management/Public Facilities Element of the Temecula General Plan, which is to ensure "Orderly, and efficient patterns of growth that enhance quality of life for Temecula residents." Implementing an Accessory Dwelling Unit (ADU) addressing policy furthers Goal 4 of the Public Safety Element of the General Plan which states, "An effective response of emergency services following a disaster." Adopting development standards for external staircases, security bars, storage/shipping containers and grid scale energy storage facilities furthers Goal 6 of the Land Use Element of the General Plan which is to ensure, "A development pattern that preserves aesthetics and enhances the environmental resources of the Planning Area." The definition modifications further clarify what use constitutes a "Specialty Market," and "Health and Exercise Club" in furtherance of Goal 5 of the Land Use Element of the General Plan which states, "A land use pattern that protects and enhances residential neighborhoods." The remaining proposed amendments to the Temecula Municipal Code are minor clarifications and a correction of typographical edits and do not result in an inconsistency between the Temecula Municipal Code and the adopted General Plan. 3. The proposed uses are to be established and maintained in a manner which is consistent with the general plan and all applicable provisions contained therein. The proposed amendments to Title 17 of the Temecula Municipal Code do not propose any land use that is inconsistent with the Temecula General Plan. The majority of the Code Amendments do not create or allow new uses where they were not previously allowed. Only the revisions to the Open Space -Conservation (OS-C) Zoning district impact the use of land. The Code Amendments remove riding stables and shooting galleries as permitted uses in the OS-C zoning designation. These uses are inconsistent with the types of uses permitted in the OS-C Zoning district and are being removed to correct an inconsistency within the code. 2 Section 3. Environmental Findings. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Code Amendments would have a significant impact on the environment. The Code Amendments impose regulations on existing uses, but do not increase the intensity or density of any land use or allow any development where it was not otherwise permitted. The Community Development Director is hereby directed to file a Notice of Exemption in accordance with CEQA and the State CEQA Guidelines. Section 4. Subsection 5.22.140(D)(6) of Section 5.22.140(D) (Appeal) of Chapter 5.22.140 (Revocation, Permit Denial and Appeal) of 5.22 (Massage and Massage Establishments) of Title 5 (Business License and Regulations) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Section 5.22.140 remaining unchanged: "6. The hearing officer may uphold, modify or reverse the decision of the chief of police. Within ten thi 30 days of the conclusion of the appeal hearing, the hearing officer shall render his or her decision and make written findings supporting the decision. He or she shall send the decision to the city clerk. Upon receipt of the hearing officer's decision, the city clerk shall send a copy of it to the chief of police and the appellant, along with a proof of mailing." Section 5. Subsection "G" (Exemptions) is hereby added to Section 17.04.020 (Temporary Use Permits.) of Chapter 17.04 (Permits) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows (with additions appearing in underlined text), with all other provisions of Section 17.04.020 remaining unchanged: G. Exem Lions. The following entities or organizations are exempt from "here uirements of this section: 1. Cfty, state federal school district communily college district or other PILblic agencies' events when the events are conducted wholly on that agency's property or with the consent of another public property owner and when the events do not Lqquire public road closures or encroachment upon adjacent public streets. Section 6. Subsection "15" (Commercial Vehicles) is hereby added to Section 17.04.030 (Home Occupation Permits.) of Chapter 17 (Awesome chapter) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text), with all other provisions of Section 17.04.020 remaining unchanged: D. Requirements for Approval, Conditional Approval or Denial of a Home Occupation Permit. 15. A maximum of two vehicles shall be dedicated to the home occupation. This two vehicle limit includes instances where more than one home occupation permit is issued for the same residence. Section 7. Table 17.06.030 (Schedule of Permitted Uses — Residential Districts) of Section 17.06.030 (Use regulations.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Section 17.06.030 remaining unchanged: Description of Use Residential Single-family detached Duplex (two-family dwellings) Single-family attached (greater than two units Multifamily Manufactured homes Mobilehome park Facilities for the mentally disordered, disabled, or dependent or neglected children six or fewer Facilities for the mentally disordered, disabled, or dependent or neglected children seven to twelve Alcoholism or drug abuse recovery or treatment facility six or fewer Alcoholism or drug abuse recovery or treatment facility seven or more Residential care facilities for the elderly (six or fewer) Residential care facilities for the elderly (seven or more) Residential care facilities six or fewer Residential care facilities seven or more) Congregate care residential facilities for the elderly, Boarding, rooming and lodging facilities Accessory dwelline units Guest house Family day care homes —small and D4y care centers Bed and breakfast establishments6 Emergency shelters Transitional housing, Supportive housing' Table 17.06.030 Residential Districts HR I RR I VL I L- L- LM M H HR-SM' 1 2 �00000�■� ■evea�oo� ■■moo�■oo� �eeaaa��s� C C I C C C I C P P C P P P P P P P P P C C C8 C C C P P C P P P P P P P P P ■evaa000� 4 EfflcienSy units - - - - - p I p _ Nonresidential Agriculture/open sace uses6 P P P P P P P P C -Religious institutions C C C C C C C C C Public utilitv facilities C C C C C C C C C Educational institutions C C C C C C C C C Libraries C C C. C C C C C - Commercial manivana activity Marijuana cultivation" Medical marijuana dispensaries - - - - - - - - - Museums and art galleries not for rofA C C C8 C C C C C - Commercial kennels, commercial catteries, or cat/dog training center12 Noncommercial kennel Noncommercial cattery- - - - - - - - _ Large animals horses, cattle, and mules 'Z - P P P P - - - - Small animals (burros, pigs, ponies and she ep) 121 P P P P - P P " Temporary real estate tract offices P P P P P P I P P P Recreational vehicle storage yard, - C C. C C C C C - Parking for commercial uses - - - - - - P P Nonprofit clubs and lodge halls - - - - - - P P - Convalescent facilities - - - - - - P P - Golf courses C C C. C C C C C - Home occupations P P P P P P P P P Construction trailers5.6 P P P P P P P P P Short-term rentals Animal kee in 12 - P P P p p p p Apiaries or beekee in 1z - P P P P P P P _ Poultryu - P P P P P P - - Outdoor aviuy—U - P P P P P P I P - Notes: 1. Transitional housing and supportive housing shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. 2. A duplex or two-family dwelling may be permitted on comer lots with a planned development overlay pursuant to the provisions of Chapter 17.22 of this title. 3. Subject to the provisions of Section 17.24.020(D)(2) of this title. 4. Allowed only with a single-family residence. 5. The director of planning shall have the discretion to waive submittal of an administrative development plan, if it is determined that the construction trailer will not have an adverse impact on adjacent residences or businesses. 6. Subject to the supplemental development standards contained in Chapter 17.10 of this title. 7. Not used. 8. These uses are not permitted within the Nicolas Valley rural preservation area, as identified in Figure LU-5 of the land use element of the general plan. 9. Development within the HR-SM zoning district is subject to Section 17.06.080, Hillside development standards. 10. Marijuana cultivation (as defined in Chapter 8.52) for medical, non -medical or other purposes, are prohibited uses everywhere in the city including all zoning districts, specific plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060 of the Temecula Municipal Code. 11. Legal nonconforming single-family residences will be permitted to construct accessory dwelling units if they meet the requirements of this Section 17.06.050(K). 12. Subject to the supplemental development standards contained in Chapter Title 6 6.04 of this code. Section 8. Table 17.06.040 (Development Standards — Residential Districts) of Section 17.06.040 (Development Standards.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Section 17.06.040 remaining unchanged: Table 17.06.040 Devela ment Standards —Residential Districts Residential Development HR I RR VL L-1 L-2 LM M H HR-SM Standards T Lot Area Minimum net lot area (sq. ft.) - - - - - 7,200 7,2002 - - Minimum net lot area (acres) 10 5 2.5 1 '/z - - - 10 Density range (dwelling <0 1 0.1- 0.2- 0.5- 0.5- 3.0- 7.0- 13.0- units per net acre') 0.2 0.4 2.9 2.9 6.9 12.9 20.0 <0.1 Lot Dimensions Minimum lot frontage at 1 front property line (feet) 50 50 40 40 30 30 30 30 50 Minimum lot frontage for a flag lot at the front property 40 40 30 30 25 20 20 20 40 line (feet) Minimum width at required front setback area (feet) 100 100 100 70 50 50 40 30 100 Minimum average width (feet) 100 100 80 70 60 50 50 50 100 Minimum lot depth (feet) 150 150 120 100 90 80 80 100 150 Setbacks Minimum front yard (feet) 40 40 25 25 153 103 103 20 40 Minimum corner side yard (feet) 40 40 15 15 15 15 15 15 40 Minimum interior side yard (feet) 25 25 10 10 10 Variable' Variabl Variables 25 Setbacks (continued) Minimum rear yard (feet) 25 25 1 20 1 20 1 20 20 1 20 20 25 Other Requirements Maximum height (feet) 35 35 35 35 35 35 40 50 Subject to Section 17.06.080 Maximum percent of lot 10% 15% 20% 25% 25% 35% 35% 30% Subject to coverage Section 17.06.080 Open space required 90% 75% 70% 60% 40% 25% 25% 30% Subject to Section 17.06.080 Private open space/per unit NA NA NA NA NA NA 200 150 Subject to Lsquare feet Section 17.06.080 Section 9. Table 17.08.030 (Schedule of Permitted Uses Commercial/Office/Industrial Districts) of Section 17.08.030 (Use regulations.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Table 17.06.030 remaining unchanged: 6 Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use INCICCIHTISCIPOIBPI LI A Aerobics/dance/gymnastics/jazzercise/martial arts/voea and Dilates studios (greater than 5,000 s . ft.) P P I' - C Aerobics/dance/gymnastics/jazzercise/martial arts/ yoga and Dilates studios less than 5,000 sq. ft.) C p p p C z C C C E Enera SWMgLFqd1ky Section 10. Subsection "I" (Stairs) is hereby added to Section 17.08.050 (Special Use Regulations and Standards.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby added to read as follows (with additions appearing in underlined text), with all other provisions of Section 17.08.050 remaining unchanged: I. Stairs. All staircases and stairwells shall be located entirely within and incorporated into the design of the building. Section 11. Subsection "J" (Window Security) is hereby added to Section 17.08.050 (Special Use Regulations and Standards.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby added to read as follows (with additions appearing in underlined text), with all other provisions of Section 17.08.050 remaining unchanged: J. Security Bars. All security bars shall be entirely located within the buildine and shall not be visible from the exterior of the building and the public rigjLt of wa . Securily bars shall include any device ph ysicOy installed for the securily of a building whether placed on a door or window. All security bars shall be compliant with the adopted edition of the California Building and Fire Code. Section 12. Table 17.08.040(A) (Development Standards — Commercial/Office/Industrial Districts for Developments within Planned Shopping Centers or Industrial/Business Parks) of Section 17.08.040 (Development Standards.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text) with all other provisions of Table 17.08.040(B) remaining unchanged: Table 17.08.040A Development Standards—Commercial/Office/Industrial Districts for Developments within Planned Shopping Centers or Industrial/Business Parks Development Standards NC CC HT SC PO BP LI Minimum gross area of site 5 acres 10 acres 10 acres 10 acres 5 acres 10 acres 10 acres Tar et floor area ratio' 0.25 0.30 0.30 0.30 0.350 0.40 0.40 7 Table 17.08.040A Development Standards—Commercial/Office/Industrial Districts for Developments within Planned Shopping Centers or Industrial/Business Parks Development Standards NC I CC HT SC PO BP LI Maximum floor area ratio with intensity bonus as per 0.40 1.0 1.0 1.5 1.0 1.5 1.0 Section 17.08.050 Front yard adjacent to a street: Arterial street 25 ft. 20 ft. 25 ft. 25 ft. 25 ft. 20 ft. 20 ft. Collector 20 ft. 15 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. Local 15 ft. 10 ft. 15 ft. 15 ft. 10 ft. 10 ft. 10 ft. Yard adjacent to residentially zoned property 25 ft 25 ft. 30 ft. 30 ft. 25 ft. 35 ft. 40 ft. Interior side yard 0 0 0 0 0 0 0 Rear lard 15 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. Accessory structure—Side/rear setback 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. Minimum building separation: One story: 10 ft. 10 ft. 10 ft. 15 ft. 15 ft. 15 ft. 15 ft. Two stories: 15 ft. 15 ft. 15 ft. 20 ft. 20 ft. 20 ft. 20 ft. Three stories or more 20 ft. 20 ft. 25 ft. 25 ft. 25 ft. 25 ft. Maximum height 35 ft. 50 ft. 75 ft. 50 ft. 75 ft. 50 ft. 40 ft. Maximum percent of lot coverage 25% 30% 30% 30% 50% 40% 40% Minimum required landscaped open space' 25% 20% 20% 20% 25% 25% 20% Fence, wall or hedge screening Not outdoor storage —Minimum height 6 ft. 6 ft allowed 6 ft. 6 ft. Fence, wall or hedge screening Not outdoor storage —Maximum height 6 ft. 8 ft. 8 ft. 12 ft. allowed 12 ft. 12 ft. Accessory structure —Maximum height 12 ft. 12 ft. 12 ft. 12 ft. 12 ft. 12 ft. 12 ft. Notes: 1. Minimum required landscaped open area does not include necessary planting within the right-of-way. 2. All projects proposing an increase in FAR beyond the target FAR are required to comply with the criteria described in Section 17.08.050(A). Section 13. Table 17.08.040(B) (Development Standards — Commercial/Office/Industrial Districts for a Development on a Separate Lot) of Section 17.08.040 (Development Standards.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text) with all other provisions of Table 17.08.040(B) remaining unchanged: Table 17.08.040B Development Standards—Commercial/Office/Industrial Districts for a Development on a Separate Lot Development Standards NC CC HT SC PO BP LI Minimum net lot areas ft. ( q' ) 30,000 30,000 20,000 40,000 40,000 40,000 40,000 sq. ft. s . ft. s . ft. s . ft. s . ft. s . ft. s . ft Target floor area ratio' 0.25 0.30 0.30 0.30 0.350 0.40 0.40 Table 17.08.040B Development Standards—Commercial/Office/Industrial Districts for a Development on a Separate Lot Development Standards NC CC HT SC PO BP LI Maximum floor area ratio with intensity bonus as per 0.40 1.0 1.0 1.5 1.0 1.5 1.0 Section 17.08.050 Minimum width at required front setback area 50 ft. 50 ft. 80 ft. 100 ft. 80 ft. 100 ft. 100 ft. Minimum de th 100 ft. 100 ft. 100 ft. 120 ft. 120 ft. 120 ft. 120 ft. Minimum frontage on a street 30 ft. 30 ft. 50 ft. 80 ft. 60 ft. 80 ft. 80 ft. Yard area adjacent to a street: Arterial street 25 ft. 15 ft. 25 ft. 25 ft. 20 ft. 20 ft. 20 ft. Collector 25 ft. 10 ft. 25 ft. 25 ft. 20 ft. 20 ft. 20 ft. Local 15 ft. 10 ft. 15 ft. 15 ft. 10 ft. 10 ft. 10 ft. Interior side yard 0 0 0 0 0 0 0 Rear yard 15 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. Accessory structure—side/rear setback 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. Yard areas adjacent to residentially 25 ft. 25 ft. 30 ft. 30 ft. 25 ft. 30 ft. 40 ft. zoned property Maximum height 35 ft. 50 ft. 75 ft. 50 ft. 75 ft. 50 ft. 50 ft. Maximum percent of lot coverage 25% 30% 30% 30% 50% 40% 40% Minimum required landscaped open space' 25% 20% 20% 20% 25% 25% 20% Fence, wall or hedge —maximum 6 ft. 6 ft. 6 ft. 6 ft. 6 ft. 6 ft. 6 ft. height Accessoa structure —maximum height 12 ft. 12 ft. 12 ft. 12 ft. 12 ft. 12 ft. 12 ft. Fence, wall or hedge screening outdoor Not storage —minimum height 6 ft. 6 ft. allowed 6 ft. 6 ft. Fence, wall or hedge screening outdoor Not stora e—maximum height 6 ft. 8 ft. 8 ft. 12 ft. allowed 12 ft. 12 ft. Notes: 1. Minimum required landscaped open area does not include necessary planting within the right-of-way. 2. All projects proposing an increase in FAR beyond the target FAR are required to comply with the criteria described in Section 17.08.050(A). Section 14. Subsection 17.10.020(B)(4) of Section 17.10.020 (Supplemental Development Standards.) of Chapter 17.10 (Supplemental Development Standards.) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.10.020 remaining unchanged: 4. Restaurants shall operate under the following requirements: a. Restaurants that are open to the public for business and engaged in the ancillary sale of alcoholic beverages shall provide restaurant services to the public during all hours that the establishment is open. Restaurant service shall include, but not be limited to, an offering and the ability to order a varied menu of foods of not less than five main courses with appropriate nonalcoholic beverages, desserts, salads, and other attendant dishes. 9 b. A conditional use permit is required for restaurants that plan on offering, selling, or serving beer, wine, and distilled spirits (typically a Type 47 44- California ABC license), unless otherwise regulated by a current specific plan. Restaurants offering beer, wine, and distilled spirits must cease alcohol sales one half hour prior to closing. c. Restaurants are permitted to serve beer and wine (typically a Type 41 42 California ABC license) as a matter of right Section 15. Subsection "U. (Storage Containers)" is hereby added to Section 17.10.020 (Supplemental Development Standards.) of Chapter 17.10 (Supplemental Development Standards.) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.10.020 remaining unchanged: U. Storaize Containers. j) Pu se and Intent. The intent of this section is to provide for the limited temnorary use of storaize containers for residential commercial/office/industrial Planned Development Overlay(PDQ) and Specific Plan zoned properties. Definition. For the purposes of this cha ter Storage Container shall mean my sturdy container greater than one hundred and twent 120 square feet with strength suitable to withstand shipment, store a and handling with or without utifily connections . An device or container that meets this definition shall be considered a storage container regardless of its nomenclature construction material a of container, design, on final puEpose or new/re u osed use. 3� All Residential and Open Space Zoning Districts. Storage containers are not a permitted use or accessoa use in any residential or open sace zgnLnZ district throughout the ci and therefore shall not be permitted. a) Exemptions. (i) TempgLaa Djacement to support the construction of a nenLpri-mM residence with a valid building permit. (a) Required to obtain a TeMporaa Use Permit (TUP) in accordance with Cha ter 17.04.020 and subject to the requirements of this section of the Temecula Municipal Code. (b) Limited for use as storage only, no habitation is permitted. (c) Limited to the duration of construction or datespecified in the TUP whichever is less. (d) Shall be removed from the site prior to final inspection of the new primary residence. (ii) A stare a container for the p=ose of moving, storing, transporting ersonal propelly for the purposes of moving residences or placing items in long term storage can be placed on the private drivewa yof any residence for a time not to exceed seven days without a TUP. 10 (a) Placement of store a containers in the public right of way shall not be permitted without an encroachment permit as s ecif ed in Chapter 18.12 of this Code. 4) Commercial Business Park Professional Office and Industrial Districts. Stowe containers mgy be permitted through a Tem or Use Permit TUP for a limited duration subject to the re uirements of Chapter 17.04.020 and this section of the Temecula Municipal Code_ a) Storage containers shall be placed in loadin or service areas only and shall not be visible from the public right-of-way. b) Storage containers shall not be located in an landscaped area. c) Store a containers shall not be placed in an parking stalls without a parking analysis demonstrating compliance with Cha ter 17.24 of this code to the satisfaction of the Director of Community Development. d) Stowe containers shall not have any si na a or advertising. e) Utility connections shall Leguire a building pen -nit. f) Containers gLay be required to be painted to match the existing building, at the discretion of the Director of Community Development. g) Containers must be maintained free of graffiti, vandalism rust circumstances that may arise from a lack of maintenance. h) An three violations during the effective period of the TUP shall be cause for the revocation of the TUP. i) Where a zoning district addresses storage, those standards shall Mply to the extent the are inconsistent with the pLovisions of this Section. 5) Mixed Use Zoning Districts. a) Stowe containers ma be a roved through a TUP as a temporm accessoEy use for commercial land uses located on the first floor in zonin districts that permits mixed use development and shall coWly with Section 17.10.020 U 4 of this chapter. b) Storage containers are not a permitted accessoEy use for residential land uses in zoning districts that permit mixed use development, without exemption. 6) Specific Plan Districts. a) Where a S ecific Plan addresses the accessory use of storage containers those standards shall be applicable to all properties subject to its re uirements. b) Where a Specific Plan does not address the accessQa use of storage containers the standards in this Section shall gpRly. c) The Director of Community Development shall have the sole discretion to determine which standards shall Mply when there is ambi uit in the Municipal Code or Specific Plan related to zoning districts. 7) AncillgU Use Only. Stara a containers shall only be allowed as a jpmRgrancillMuse for propegy with a completed development plan or on a propegy with all active and valid building permits for the construction of new buildings. 8) Time duration. Placement of storage containers shall be set by the TUP and in no case shall a storage container be placed or installed on the site for longer than one year. Relocation or movement of the storage container on the site does not impact the time limits set b the TUP. 11 Section 16. Subsection "V. (Energy Storage Facility)" is hereby added to Section 17.10.020 (Supplemental Development Standards.) of Chapter 17.10 (Supplemental Development Standards.) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.10.020 remaining unchanged: V. Energy Store a Standards. j) Purpose and Intent. Energy Storage Facilily regulations are adopted with the intent of advancing and protecting the public health safely, and welfare of the City of Temecula b establishing regulations for the installation and use of energy storage systems. The re ulations herein are intended to vrotect the health welfare safely, and gualijY of life for the general public, to ensure compatible land uses in the areas affected by energy storage facilities and to mitigate the impacts of energy storage facilities on the environment. a) Energy Storage facilities shall be permitted through a Conditional Use Permit CUP only in the zoning specified in Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts. 2) Definitions. The following words and phjases shall for the p=oses of this cha ter have the meanings respectively ascribed to them by this section as follows: a) Battety. A single cell stack core building block or a group of cells connected together electricallv in series in parallel, or a combination of both which can charge, discharge and store energy electrochemically. For the purposes of this chapter, batteries utilized in consumer roducts are excluded from these requirements. b) Battely Management System. An electronic s stem that prevents storage batteries from operating outside their safe o eratin arameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected. The system generates an alarm and trouble signal for abnormal conditions. c) Battea EKLeW Store e System. A system consisting of electrochemical kinetic thermal or other form of ener -story a technolgW storage batteries battety chargers, controls, power conditioning systems and associated electrical equipment, assembled to ether capable of sto!Lng energy in order to supply electrical energy at a future time not to include a stand-alone 12-volt car batteKy or an electric motor vehicle. d) Cell. The basic electrochemical unit characterized by an anode and a cathode used to receive store and deliver electrical ener . e) Commissioning. A systematic process that provides documented confirmation that a battM energy storage system functions according to the intended design criteria and complies with applicable code requirements. f) Decommissioning Plan. A plan to retire the physical facilities of the proiect, including decontamination, dismantlement, rehabilitation, _landscaping and monitoring. The plan contains detailed information on the proposed decommissioning and covers the schedule, type and sequence of decommissioning activities, waste management storage and disposal of the waste from decommissioning; the timeframe for decommissioning and site rehabilitation. IN g) Energy Store a facilily. Are statiogM commercial facilities that contain one or more cngM store e s stems for the DMoses of ca turin or urchasin ever and releasing, selling, transferring or trading eneW back to the utilily providers for mone or other gain. This definition does not include private residential energy storage or backup systems. h) Energy Store e System. A system which stores ener-gy and releases it in the same form as was input. D Applicability. The requirements of this ordinance shall apply to all energy storage facilities permitted, installed or modified after the effective date of this ordinance excluding general maintenance and re air. Ener y Store a Facilities constructed or installed pri r to the effective date of this ordinance shall not be required to meet the requirements of this chapter. Modifications to retrofits or replacements of an existing enemy storage facifily that increases the total energy storage s stem designed discharge duration or -power rating shall be subject to this cha ter. The continuation of legally established existing utilit -scale Energy Storage Systems shall be subject to the regulations and uidelines of Chapter 17.03.070 (Legal nonconformities of this Code. 4) Development Standards. a) Energy store a facilities must meet all apRlicable standards of the adol2ted Building and Safety Codes and of the ado ted Fire Codes. b) Energy store a facilities shall comply with the site design re uirements set forth below in addition to all other applicable chapters of the Temecula Municipal Code: (i) Where visible from public view, the site shall be fully enclosed by a minimum six- foot non -scalable solid wall. Where not visible from public view, the site shall be enclosed by a minimum six-foot non -scalable solid wall or tubular steel or wrought iron fencin . Said wall or fencing shall be located outside of the required yard of the applicable zone. Walls shall consist of either decorative concrete masom block or decorative concrete tilt -up walls. Decorative concrete masonEy block means neutral colored slump stone blocks lit -face block or precision block with a stucco /aster, or cultured stone finish. Decorative concrete tilt-u wall means concrete with a combination of aint and raised patterns, reveals and/or trim lines. When sound and visual attenuation requires a wall exceeding 6 feet above the grade of the adjacent roadway, earth mounds sliall be used, such that no more than 6 feet of the wall is visible from the roadway. The mounds shall not exceed a three -to -one (3:1) ratio slope. The mounds may support the wall or be Dlaced against the wall on the street side. Wall heights shall be limited to the standards in the a licable zoning district. (ii) No landsMing is required on the interior side of the screen walls described in sub era rah i above regardless of the percentage of open sace landscaping required. 13 The minimum re uired open sace as required by this Title shall be limited to the perimeter landscming surrounding the perimeter screening wall or fencinja described in sub ara ra h b i above. Said erimeter landscapinglandscgping shaII be no less than the applicable required yard setbacks. (iii)Solid walls surmunding facilities which are below grade �f an adjacent street or pMg_qy shall inco orate a berm/slope along the entire len th of the wall to ensure facilities are not visible from public view. (iv)Anti-graffiti coating ore uivalent measure to prevent graffiti shall be provided for all solid screen walls (v) Except as set forth in sub ara ra h vi no equipment or appurtenances not in an enclosed structure shall exceed the screen wall height described in sub ara ra h i above unless it can be demonstrated through a line -of -sight analysis to the satisfaction of the Director of Communily Development that the wall height will sufficiently screen said equipment and/or appurtenances. Enclosures for batteries and others stems shall not exceed fifteen 15 feet in hei t. (vi)Accessoly structures such as utility poles or utility connection equipment, substation switch and and similar equipment, necessary for the operation of the facility mgy exceed the height standards of the applicable zone subject to the Director of Community Developments approval. (vii) Within the Business Park BP zone all equipment or appurtenances shall be located within an enclosed building. However, accessory structures such as utilily poles or utility connection equipment substation switch and and similar a ui ment necessary for the o eration of the-facilily is not required to be located within the enclosed building. (viii) an -site parking shall be provided as s ecified below: (a) For sites occupied daily b employees or contractors one arkin s ace er em to ee or contractor shall be provided. (b) For unoccupied sites one on -site parkigg space shall be provided, (c) All parking, fire access roadwa s and drive aisles shall be paved with as halt or concrete to the satisfaction of the Director of Communijy Development. (d) All parking lots shall comply with Cha ter 17.24 of this code. (e) All facilities shall have an approved si na a Ian including sLfety si a e to be posted at the site. (f) All improvements and site specifications shall be subject to apRroval of a Hazard Mitigation Analysis. Said reports shall be reviewed by the City of Temecula Fire Department and Building and SafejX Departments. These reports must be approved concurrently with gny entitlements. The VpMose of this analysis is to evaluate the potential for adverse effects to mople or the environment related to hazards and hazardous materials. The California Environmental Qualily Act CE A requires the analysis of potential adverse effects of a project on the environment. Consistent with Appendix G of the CE A Guidelines a proposed project would cause adverse impacts related to 14 hazards and hazardous materials if th%y would create a sigLifficant hazard to the public or the environmental through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. Decommissioning. a) Decommissioning Plan. Prior to issuance of an building ernits related to decommissioning activities, the applicant shall submit a Decommissioning Plan containing a narrative description of the activities to be accomplished for removing the encLU storage system from service and from the facility in which it is Iocated. The Decommissioning Plan shall also include: (i) A narrative description of the activities to be accomplished, including who will dorm that activity and at what Roint in time for complete physical removal of all energy story e s stem components, structures equipment, security barriers and transmission lines from the site: (ii) Disposal of all solid and hazardous waste in accordance with local state and federal waste disposal regulations; (iii)The anticipated life of the BatteEy energy storage system, (iv)The manner in which the Batt energy story e s stem will be decommissioned and the Site restored including a description of how any chan es to the surrounding areas and others stems adjacent to the Battea energy storage system, such as but not limited to, structural elements building netrations means of egress, and re aired fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed-, and (v) A listing of an contingencies for removing an intact ❑ erationaI energy storage system from service and for removing an energy storage s stem from service that has been damaged by a fire or other event. b) Ownership Chan es. If the owner of the-Battea energy storage facilily changes or the owner of the 12ropgM changes, the project a royals shall remain in effectprovided that the successor owner or operator assumes in writing all the obligations of the project, site plan approval, and Decommissioning Plan. A new owner or operator of the BatteKy eneW storage facilily shall notify the Communily Development Department of such change in ownership or operator within thi 30 days of the ownership change. A new owner or operator must provide such notification to the Communi Development Department in writing. The project and all approvals for the Batter energy storage facilities shall be void if a new owner or operator fails to provide written notification to the Communijy Development Department in the re uired timeframe. Reinstatement of a voided pLoject or approvals will be subject to the same review and approval proccsses for new applications under this cha ter. 6) Performance Measures and Standard Conditions of Approval. The following measures shall be included as performance measures and standard conditions of approval for all energy story a facilities. a) Facilities shall not store gny productsy—oods,materials or containers outside of an building on -site. 15 b) Facilities shall comply with noise re uirements in Chapter 9.20 of this code. c) Operators shall address any nuisance safgq issues or violations of conditions of a roval within fo -ei ht hours of being notified -by the cijY that an issue exists. d) Prior to the issuance of a Certificate of Occu anc or Business License ggy operator of an eneW storage facility shall sin a statement acknowledging acceptance of all operational conditions of a royal associated with the approved entitlements for the facili1y. Finding of Economic Benefit,• Public Benefit Agreement, Exempt Projects. a) Consistent with Public Resources Code section 25545.9 and in addition to all other findings and determinations necessaa for the grant of a CUP no conditional use permit for a EneEgv Storage Facility, shall be granted unless the City finds that the construction and operation of the facilily will have an overall net positive economic benefit to the City_ For purposes of this sub -section, economic benefits may include but are not limited to an of the following: (i) Employment 00 Housing development. (iii)Infrastructure and environmental improvements. (iv)Assistance to public schools and education. (v) Assistance to public safety agencies and departments. (vi) Propeqy taxes and sales and use tax revenues. b) Consistent with Public Resources Code section 24454.10, no conditional use permit for a BatbM Energy Storage Facility, shall be granted unless the Cily has entered into a Legally binding and enforceable agreement with or that benefits the Cim where there is mutual benefit to the ies to the agreement. The topics and specific terms of the community benefits agreements ma vaU and ma include funding for or providing specific communily improvements or amenities such as park and pIgyRround equipment, urban gqeniLig, enhanced safely crossings, and paying roads and bike ap ths. c) The Ci of Temecula finds and declares that where a Battely Energy Storage Facility, UtiIijy Scale is issued a certificate pursuant to Chapter 6.2(commencing with Section 25545 of Division 15 of the Public Resources Code and where such certificate is in lieu of a conditional use permit or other permit, certificate or document r uired b the Cijy. a community benefit agreement in the form described in subsection a above shall satisfy the obligations on Public Resources Code section 24454.10. Section 17. Table 17.14.030 (Schedule of Permitted Uses — Open Space) of Section 17.14.030 (Use Regulations) of Chapter 17.14 (Open Space/Recreation/Conservation Zoning Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text) with all other provisions of Table 17.14.030 remaining unchanged: 16 Table 17.14.030 Schedule of Permitted Uses —Open Space Schedule of Uses PR OS OS-C OS-C-SM Agricultural uses - C C Athletic field P Bicycle paths P C C Campground C I - _ - Caretakers' quarters C C C Cemeteries, mausoleums and related uses C C - - Communications and microwave installations, Flood control structures C C C C Game courts, badminton tennis, racquetball P C Golf driving range not part of a golf course C C - Golf course and clubhouse C C - - Golf course resort (including accessory visitor supporting accommodations and commercial uses, such as hotels, fractional ownershi2 units, day spa, restaurants and conference center) C - - - Government and public utility facilities C C C C G mnasium C Commercial marijuana activities Marijuana cultivatiow Nature centers/exhibits P C C - Nurseries _ C _ I _ Outdoor exhibits P P P _ Picnic group facilities C C - - Private Rarks and recreation facilities P C Parking areas C C C - Public earks and recreation facilities P C Recreational vehicle park _ C Riding stable, public or private C C - E - _ Shooting alleries, ranges, archery courses - C__ Single-family dwellings 1 unit per 40 acres - P C _ Tree farms _ C Note: 1. All development subject to the standards set forth in Section 17.06.080. 2. Marijuana cultivation (as defined in Chapter 8.52) for medical, non -medical or other purposes, are prohibited uses everywhere in the city including all zoning districts, specific plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060 of the Temecula Municipal Code. Section 18. Item 2 of Subsection D of Section 17.23.030 (Projects exempt — Building permit approval only.) of Chapter 17.23 (Accessory Dwelling Units) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.23.030 remaining unchanged: 2. One detached, new construction ADU that does not exceed that has a minimum four -foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The ADU may be combined with a JADU described in subsection (D)(1) above. The ADU shall be no more than eight hundred square feet in size, with a height limit of sixteen feet. 17 Section 19. Subsection I (Separation) is hereby added to Section 17.23.040 (General requirements and application procedure.) of Chapter 17.23 (Supplemental Development Standards) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.23.040 remaining unchanged: 1. Se aration. All detached accessm dwelling units ADU's shall have a minimum 6 foot separation from the primary residence as measured in a straight line from exterior wall to exterior wall. Existing accessoKy structures converted to an ADU shall not be re uired to meet this standard. Section 20. Item 7 (Addressing) is hereby added to Subsection 17.23.050(B) (Development Standards) of Section 17.23.050 (ADU Standards) of Chapter 17.23 (Accessory Dwelling Units) of Title 17 (Zoning) of the Temecula Municipal Code, (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.23.050(B) remaining unchanged: 7. Addressing. Addressing for all ADU and JADU units shall be as follows without exce tion: a. The rim residential unit newly constructed or existing, shall be addressed according to existing_ policy and shall include an illuminated "Unit 1" identifier. This shall only be a licable if an ADU or JADU is proposed for the same parcel. b. A second residential unit an ADU or JADU shall bear the same main address as the rim residence with the additional unit bearing an illuminated "Unit 2" identifier. c. A third and final residential unit an ADU or JADU shall bear the same main address as the priMM residence with the additional unit bearing an illuminated "Unit 3" identifier. d. All addresses shall be Ie ible and physically installed in a prominent location on the building that clearly identifies which _pM is associated with each address and in accordance with Section 17.28.050 of this code. Section 21. Section 17.34.010 (Definitions and illustrations of terms) of Chapter 17.34 (Definition of Terms) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add a definition of "Health and Exercise Club" and to amend the definition of "Specialty market" to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.34.010 remaining unchanged: H. "Health and Exercise Club" means fitness centersgymnasiums, health and athletic facilities which charize a membership fee for access that may include indoor sauna or hot tub facilities. S. "Specialty market" means a retail market that specializes in a specific type or class of food, drink, and related products. Spe 18 . In no case shall a specialspecialjy market be less than ten thousand 10 000 s uare feet. Section 22. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 23. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. Section 24. Effective Date. This Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula the 28th day of November, 2023. ATTEST: Randi Johl, City Clerk [SEAL] 19 Zak Schwank, Mayor STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2023- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 280' day of November, 2023, 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: 20 Randi Johl, City Clerk Notice of Public Hearing THE CITY OF TEMECULA 41000 Main Street Temecula, CA 92590 A PUBLIC HEARING has been scheduled before the CITY COUNCIL to consider the matter(s) described below. Case No.: Long Range Project No. LR23-0180 Municipal Code Update Applicant: City of Temecula Location: Citywide Proposal: An Ordinance of the City Council of the City of Temecula amending Titles 5 and 17 of the Temecula Municipal Code making minor revisions to massage establishment, accessory dwelling unit, home occupation permits, and temporary use permit regulations, establish battery storage and shipping container standards, clarify the permitted uses allowed in the open space - conservation district, modify the definition of specialty market and restaurant, add definition for health and exercise clubs, make other clerical revisions. Environmental Action: In accordance with the California Environmental Quality Act ("CEQA"), the proposed ordinance is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15061(b)(3)). PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: November 28, 2023 TIME OF HEARING: 6:00 PM Any person may submit written comments to the City Council before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of hearing. Any petition for judicial review of a decision of the City Council shall be filed within the time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the City Council, shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. Questions concerning the project(s) may be addressed to Mark Collins, City of Temecula Community Development Department, (951) 506-5172. City of Temecula Community Development 41000 Main Street • Temecula, CA 92590 Phone (951 ) 694-6400 • TemeculaCA.gov VIA -ELECTRONIC SUBMITTAL CEQAProces sina(& asrclkrec. com November 29, 2023 Supervising Legal Certification Clerk County of Riverside P.O. Box 751 Riverside, CA 92501-0751 SUBJECT: Filing of a Notice of Exemption for Long Range Project Number LR23-0180, an update to Title 5 & 17 of the Temecula Municipal Code Dear Sir/Madam: Enclosed is the Notice of Exemption for the above referenced project. In addition, pursuant to Assembly Bill 3158 (Chapter 1706) the City 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 Mark Collins at email: Mark. Co1hns(c-r�,TemeculaCA. gov. Sincerely, Luke Watson Deputy City Manager Enclosures: 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: Long Range Project No. LR23-0180 Municipal Code Update Description of Project: An Ordinance of the City Council of the City of Temecula amending Titles 5 and 17 of the Temecula Municipal Code making minor revisions to massage establishment, accessory dwelling unit, home occupation permits, and temporary use permit regulations, establish battery storage and shipping container standards, clarify the permitted uses allowed in the open space -conservation district, modify the definition of specialty market and restaurant, add definition for health and exercise clubs, make other clerical revisions. Project Location: Citywide Applicant/Proponent: City of Temecula The City Council approved the above -described project on November 28t'', 2023 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); ❑ Statutory Exemptions (Section Number: ❑Declared Emergency (Section 21080(b)(3); Section ® Categorical Exemption: (Section 15061 (b)(3)) 15269(a)); ❑ Other: Section 15162 Categorical Exemption ❑Emergency Project (Section 21080(b)(4); Section 15269(b)(c)); Statement of Reasons Supporting the Finding that the Project is Exempt: In accordance with the California Environmental Quality Act (CEQA), the proposed ordinance has been deemed to be exempt from further environmental review as there is no possibility that the proposed ordinance would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b) (3). The proposed ordinance amends the municipal code to make minor revisions to Massage Establishments, Home Occupation Permits, and Accessory Dwelling Units, implement standards for battery storage facilities and shipping containers, clarify permitted uses in open space zoning districts, update definitions of Specialty Market and Restaurant and correct other various typographical errors and omissions. Contact Person/Title: Mark Collins, Assistant Planner Telephone Number (951) 506-5172 Signature: Luke Watson, Deputy City Manager Date received for filing at the County Clerk and Recorders Office: Date: Item No. 15 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: November 28, 2023 SUBJECT: Approve 2023 Annual Public Recognitions Pursuant to 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 approve the 2023 annual public recognitions pursuant to policy. BACKGROUND: On January 10, 2023 the City Council approved its citywide Public Recognitions Policy. Pursuant to policy, all requests for memorial, monument, facility -naming or related recognitions are considered annually each year by the Public Recognitions Subcommittee prior to being submitted to the full City Council for consideration. All submissions must be processed through the publicly accessible portal where requestors may submit their application, note the type of recognition they are seeking, and provide supplemental documentation in support of the criteria required for the various recognitions. The 2023 Public Recognitions Subcommittee, consisting of Mayor Pro Tem Stewart and Council Member Alexander, met on August 14, 2023 to consider the following recognitions and were supportive of the same: 1. Ed Morel — 2023 Community Leader Award of Distinction 2. Rosie Vanderhaak — Naming of Conference Room in the Ronald H. Roberts Library 3. Roger Epperson — Naming of Stampede Parking Lot 4. Ronald Parks — Naming of Community Recreation Center 5. Wilder Hills — Sign Placement Pursuant to 2013 Resolution In addition, the subcommittee was supportive of placing a perpetual plaque outside of the Temecula Police Substation in Old Town Temecula to honor fallen public safety personnel, including Deputy Sheriff Edward M. Schrader. With the City Council's approval, staff will complete all recognitions proposed in the upcoming year with the appropriate celebrations and notifications. Staff will contact the recipients and/or families of the recipients directly to schedule the recognitions. FISCAL IMPACT: None ATTACHMENTS: 1. Public Recognitions Policy 2. Ed Morel Nomination Packet 3. Rosie Vanderhaak Nomination Packet 4. Roger Epperson Nomination Packet 5. Ron Parks Nomination Packet 6. Wilder Hills Recognition Packet CITY OF TEMECULA CITY COUNCIL POLICY Aft At C�'( '1 The Heart of Southern Califarnia Wine Country Title: Public Recognitions Policy Policy No. TBD Approved: January 10, 2023 Revised: N/A PURPOSE: The purpose of this City Council policy is to ensure an effective and efficient process for the consideration and conduct of various public recognitions by the City Council. POLICY: The policy of the City Council with respect to the subject matter listed in the above -referenced title is as follows: Public Recognitions Ad Hoc Subcommittee A subcommittee shall be appointed annually as part of the City Council subcommittee review and selection process in January. To the extent possible, the subcommittee shall include both short and long tenured members of the City Council. The subcommittee will consider all public recognitions that include a nomination component (Community Leader Award of Distinction, Council Member Award of Recognition Upon Retirement, Wall of Honor, and Memorial, Monument and/or Facility Naming). The subcommittee will consider all nominations in a calendar year together and make recommendations to the full City Council. The subcommittee will function similarly to other ad hoc subcommittees that consider items on a calendar year basis. Standard Certificates of Recognition Standard certificates of recognition may be provided at the request of City residents, community leaders, businesses, nonprofit organizations, and/or Council Members. Standard certificates shall include those designated in the chart below. Such certificates shall be presented on behalf of the City of Temecula and shall be signed by a single signatory in the following order: (1) Council Member attending a related event, (2) Mayor, (3) Mayor Pro Tempore, or (4) Council Member designated by the Mayor. 1 Certificate of Student of the Month, Student of the Year, Girl Common Achievement Scouts, Eagle Scouts, Student Sports and / Monthly Competitions, Youth in Government 2 Certificate of Former Board and Commission Members, Meeting Common Appreciation Entertainment 3 Certificate of Acts of Bravery, Heroism (Resident Assistance in Rare Commendation Emergency Circumstances), Veterans 4 Certificate of 25th/50th/75th/100th Birthdays, Wedding Rare Congratulations Anniversaries, Retirements 5 Certificate for Grand New Businesses / New Owners / Chamber of Common Opening / Ribbon Commerce (Economic Development Requests) Cutting 6 Certificates of Miscellaneous — Noteworthy Residents, Non -Profits, Common Recognition Foundations, Chamber Gala 7 Certificate of In Memoria, Adjournments Rare Remembrance 8 Certificate of Welcome Sister City Dignitaries Rare Proclamations Proclamations may be provided at the request of residents, businesses, nonprofit organizations and/or Council Members. The City Council shall approve annually a list of proclamations proposed to be issued for the calendar year. Unless three or more Council Members pull a proclamation from the list indicating exclusion, all proclamations on the annual list shall be issued for presentation via mail or in -person as requested. Proclamations shall be presented on behalf of the City of Temecula and shall be signed by a single signatory in the following order: (1) Mayor, (2) Mayor Pro Tempore, or (3) Council Member designated by the Mayor. 1 Proclamation Day, Week or Month of Observation Consistent with Common Regional, State and/or National Recognition for Public Awareness / Education Purposes 2 Proclamation — Person Recognition of Day in Celebration of a Person Rare (Council Member, Founding Member) Pins and Medals Pins and medals may be provided at the request of residents, businesses, nonprofit organizations and/or Council Members. Pins and medals shall include those designated in the chart below. Pins and medals shall be accompanied by a related certificate and shall be presented via mail or in -person as requested. Pins and medals shall be presented on behalf of the City of Temecula and any related certificate shall be signed by a single signatory in the following order: (1) Mayor, (2) Mayor Pro Tempore, or (3) Council Member designated by the Mayor. 1 Boy Scout / Girl Scout Eagle Scout, Bronze/Silver/Gold Award, or Similar Noteworthy Accomplishment Common 2 Hero's Medal and Pin Acts of bravery and courage in the service of others Rare Community Leader Award of Distinction A Community Leader Award of Distinction may be provided to a resident and/or nonprofit or business affiliate upon recommendation of the Public Recognitions Subcommittee. Such award is rare and therefore shall be presented on behalf of the City of Temecula in -person at a City Council meeting. Any related certificate shall be signed by all Council Members. To be eligible for such an award, a nominee must meet the following criteria: Criteria 1. Nomination Form — The requisite nomination form, with supporting documentation, is submitted to the City Clerk's Office pursuant to instructions by the relevant deadline. 2. Contributions —The contributions and proof of impact of the nominee, as illustrated in the nomination packet, are well known and recognized by a significant segment of the community and their respective industry (education, nonprofit, business). 3. Subcommittee Consideration — The nominee received a recommendation for recognition by the full City Council from the Public Recognitions Ad Hoc Subcommittee. 4. Public Recognition — During an in -person recognition at a City Council meeting, the nominee will receive a framed award signed by all Council Members, a swag bag from the City, and other recognitions from the community/industry as they deem appropriate. Council Member Award of Recognition Upon Retirement A Council Member Award of Recognition Upon Retirement shall be provided to retiring Council Members as indicated below. Such recognition is rare and therefore shall be presented on behalf of the City of Temecula in -person at a City Council meeting. Any related certificate shall be signed by all Council Members. To be eligible for such an award, a nominee must meet the following criteria: Criteria 1. Internal Form —The requisite recognition form, with supporting documentation, is submitted by relevant staff to the City Clerk's Office pursuant to instructions by the relevant deadline. 2. Service —The subject Council Member has completed a minimum of one full -term if elected or the whole of an unexpired term if appointed. 3. Subcommittee Consideration — The subject Council Member received a recommendation for recognition by the full City Council from the Public Recognitions Ad Hoc Subcommittee. 4. Public Recognition —The subject Council Member receives recognition based on tenure with optional community recognitions at th meeting. While Board and Commission service is noted as part of the presentation, it is not counted towards years of service for purposes of recognition categories below: A. One Term (4 Years) — The subject Council Member receives an engraved plaque with years of service, a commemorative street sign, and a swag bag from the City. B. Two —Three Terms (8-12 Years) — The subject Council Member receives an engraved plaque with years of service, a framed proclamation recognizing member's retirement date as Member's Day, a commemorative street sign, and a swag bag from the City. C. Four Terms and Beyond (16+ Years) — The subject Council Member receives a shadow box with a key to the City, a proclamation recognizing member's retirement date as Member's Day, a commemorative street sign, and a swag bag from the City. Wnll of Wnnnr A Wall of Honor recognition may be provided to any deserving individual (i.e., resident, service club member, former Council Member, Commissioner or staff, nonprofit or business affiliate, etc.) upon recommendation of the Public Recognitions Subcommittee. Such recognition is rare and therefore shall be presented on behalf of the City of Temecula in -person at a City Council meeting. Any related certificate shall be signed by all Council Members. To be eligible for such a recognition, a nominee must meet the following criteria: Criteria 1. Nomination Form — The requisite nomination form, with supporting documentation, is submitted to the City Clerk's Office pursuant to instructions by the relevant deadline. 2. Contributions —The contributions and proof of impact of the nominee, as illustrated in the nomination packet, have extended beyond a 10 year period of time, are well known, and recognized by a significant segment of the community and/or their respective industry (education, nonprofit, business). 3. Subcommittee Consideration — The nominee received a recommendation for recognition by the full City Council from the Public Recognitions Ad Hoc Subcommittee. 4. Public Recognition — During an in -person recognition at a City Council meeting, the nominee will receive a framed award signed by all Council Members and the nominee's name will be incorporated into the perpetual Wall of Honor plaque located at City Hall. Memorial, Monument and/or Facility Naming A memorial, monument and/or facility naming recognition may be provided to any deserving individual (i.e., resident, service club member, former Council Member, Commissioner or staff, nonprofit or business affiliate, etc.) upon recommendation of the Public Recognitions Subcommittee. Such recognition is rare and therefore shall be presented on behalf of the City of Temecula in -person at the site of the thing and/or place to be named. Any related certificate shall be signed by all Council Members. To be eligible for such a recognition, a nominee must meet the following criteria: Criteria 1. Nomination Form — The requisite nomination form, with supporting documentation, is submitted to the City Clerk's Office pursuant to instructions by the relevant deadline. 2. Contributions —The contributions and proof of impact of the nominee, as illustrated in the nomination packet, have extended beyond a 20 year period of time, are well known, and recognized by a significant segment of the community and/or their respective industry (education, nonprofit, business). Such contributions exceed all other contributions in community value such that there is no other public recognition that can be applied.The 20 year period of time is subject to review and adjustment by the full City Council. 3. Subcommittee Consideration — The nominee received a recommendation for recognition by the full City Council from the Public Recognitions Ad Hoc Subcommittee. 4. Public Recognition — During an in -person recognition, the nominee will receive a framed award signed by all Council Members and the nominee's name will be incorporated into the subject memorial, monument and/or facility. Miscellaneous The following non-standard recognitions shall not have a political, religious, lifestyle, and/or commercial association: Community Leader Award of Distinction, Wall of Honor, Memorial, Monument, and/or Facility Naming. In addition, Resolutions of Principle, defined as statements in which an organization describes its collective beliefs, values, and intentions towards a particular topic(s), will not be issued by the Council and are not included as a part of this policy. Naomi Frontela From: noreply@civicplus.com Sent: Tuesday, October 3, 2023 4:45 PM To: Naomi Frontela; Erika Ramirez; Randi Johl Subject: Online Form Submittal: Public Recognitions Request Application Follow Up Flag: Follow up Flag Status: Flagged 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. Public Recognitions Request Application Public Recognitions Request Please reference the requirements for each award in the Public Recognition Policy here. Please select the recognition that you are requesting: Please list your preferred City Council meeting dates) for the recognition requested and any other related details. Requestor Information (Section Break) Community Leader Award of Distinction When appropriate to schedule (Section Break) For the following recognitions, the requestor must be different from the recipient as this will be considered as a nomination: Community LeaderAward of Distinction, Wall of Honor, Memorial, Monument and/or Facility Naming Requestor First and Last Jessica Name 1 Organization (If Applicable)/ Temecula City Council Relationship to Nominee Requestor Phone Number Requestor Email Address jessica.alexander@temeculaca.gov Requestor Address 41000 Main St City Temecula State CA Zip Code 92590 (Section Break) Nominee Information Nominee First and Last Ed Morel (deceased) Name Organization (If Applicable) Field not completed. Nominee Phone Number N/A Nominee Email Address N/A Nominee Address N/A City State N/A N/A Zip Code N/A (Section Break) Please explain in detail the ED MOREL reason you are making this request and why you would Ed Morel was the founder and owner of Viper Volleyball. He like the Council to consider started Viper Volleyball for his daughter Kylie, back in 1996. this recognition: His greatest joys were his family, including his wife, Lani, who owns Temecula Dance Company and two daughters, Katie and Kylie. While residing in the City of Temecula and operating several Temecula -based businesses, Ed proudly served on the board of directors of several charities, including the Make A Difference Foundation, which had given many Viper players, coaches, families and friends the opportunity to serve those less fortunate. N Ed Morel should be recognized for his community participation and leadership in Temecula because of the significant impact he had on the local community and the positive change he brought about. His philanthropic endeavors, dedication, and love for people, inspired many. Mr. Morel quietly assisted orphanages in Tijuana, Mexico. He also had a heart for the unsheltered and homeless. Through generous contributions of his time/talent, Mr. Morel was routinely engaged with nonprofits like Project Touch and Community Mission of Hope helping others where and how he could. Ed believed in the spirit of connection through people. Those people were and are Temecula residents and businesses. Furthermore, as a successful entrepreneur, Ed owned and operated multiple thriving businesses in Temecula, contributing to the growth and success of the local economy. His commitment to excellence, perseverance, and business acumen not only led to the prosperity of his own company but also earned him the respect and admiration of his colleagues and peers. Ed's leadership by example and his ability to lead with warmth, kindness, and genuine love for others made a lasting impact on the hearts of those he touched. He was dedicated to giving back to the community, and his lifelong dedication to philanthropy and community service is deserving of recognition. Ed Morel's involvement in the community of Temecula has left a positive imprint on the lives of many, making him an exceptional leader worthy of recognition and appreciation. Ed Morel passed away in 2022. Impact Statement Please see the Public Recognition Policy here for additional details. For the following awards listed below, please complete the Impact Statement in its entirety: Community Leader Award of Distinction Wall of Honor Memorial, Monument and/or Facility Naming IMPACT STATEMENT • Resume - Please demonstrate proof of impact of the nominee to the community with dates of service included in the resume. • Letter(s) of Recommendation • Additional Documentation - Opportunity to further support the nominee's impact on the community Period of time as well as contributions recognized by a significant segment of the community and their respective industry (education, nonprofit, business) will be considered upon review of request. Resume of Nominee Letter(s) of Recommendation Additional Documentation Any Additional Comments? Ed Morel nominationJA.docx Ed Morel nominationJA 1.docx Field not completed. N/A Electronic Signature I declare under penalty of perjury under the laws of the State of Agreement California that the foregoing is true and correct. Electronic Signature Jessica Alexander After submitting this form, you will be contacted shortly regarding the status for your request. Thank you! Email not displaying correctly? View it in your browser. 4 ED MOREL Ed Morel was the founder and owner of Viper Volleyball. He started Viper Volleyball for his daughter Kylie, back in 1996. His greatest joys were his family, including his wife, Lani, who owns Temecula Dance Company and two daughters, Katie and Kylie. While residing in the City of Temecula and operating several Temecula -based businesses, Ed proudly served on the board of directors of several charities, including the Make A Difference Foundation, which had given many Viper players, coaches, families and friends the opportunity to serve those less fortunate. Ed Morel should be recognized for his community participation and leadership in Temecula because of the significant impact he had on the local community and the positive change he brought about. His philanthropic endeavors, dedication, and love for people, inspired many. Mr. Morel quietly assisted orphanages in Tijuana, Mexico. He also had a heart for the unsheltered and homeless. Through generous contributions of his time/talent, Mr. Morel was routinely engaged with nonprofits like Project Touch and Community Mission of Hope helping others where and how he could. Ed believed in the spirit of connection through people. Those people were and are Temecula residents and businesses. Furthermore, as a successful entrepreneur, Ed owned and operated multiple thriving businesses in Temecula, contributing to the growth and success of the local economy. His commitment to excellence, perseverance, and business acumen not only led to the prosperity of his own company but also earned him the respect and admiration of his colleagues and peers. Ed's leadership by example and his ability to lead with warmth, kindness, and genuine love for others made a lasting impact on the hearts of those he touched. He was dedicated to giving back to the community, and his lifelong dedication to philanthropy and community service is deserving of recognition. Ed Morel's involvement in the community of Temecula has left a positive imprint on the lives of many, making him an exceptional leader worthy of recognition and appreciation. Ed Morel passed away in 2022. Naomi Frontela From: noreply@civicplus.com Sent: Monday, October 2, 2023 6:47 PM To: Naomi Frontela; Erika Ramirez; Randi Johl Subject: Online Form Submittal: Public Recognitions Request Application 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. Public Recognitions Request Application Public Recognitions Request Please reference the requirements for each award in the Public Recognition Policy here. (Section Break) Please select the Memorial, Monument and/or Facility Naming recognition that you are requesting: Please list your preferred We are requesting to rename the Community Room at Ronald City Council meeting date(s) H. Roberts Temecula Public Library as the "Rosie Vanderhaak for the recognition Community Room" to honor her 50+ years of service to our requested and any other community. This has been discussed before the Public related details. Recognitions Subcommittee twice and the subcommittee has been supportive of the proposal. So far, Rosie is unaware of being nominated, and we would like to keep it as a surprise (Section Break) Requestor Information For the following recognitions, the requestor must be different from the recipient as this will be considered as a nomination: Community LeaderAward of Distinction, Wall of Honor, Memorial, Monument and/or Facility Naming Requestor First and Last Erica Russo Name 1 Organization (If Applicable)/ Field not completed. Relationship to Nominee Requestor Phone Number Requestor Email Address Requestor Address City State Zip Code Nominee Information Nominee First and Last Name erica.russo@temeculaca.gov 41000 Main St. Temecula CA 92590 (Section Break) Rosie Vanderhaak Organization (If Applicable) Field not completed. Nominee Phone Number Nominee Email Address Nominee Address City State Zip Code 30600 Pauba Rd Temecula CA 92592 (Section Break) Please explain in detail the Rosie has been a resident of Temecula since 1971, and began reason you are making this working in Temecula's libraries in 1972, when our "library" was request and why you would a tiny storefront in Tower Plaza. She went on to be like the Council to consider instrumental in the development of the Ronald H. Roberts this recognition: Temecula Public Library, which opened in 2006, and was hand -selected to be its manager, a position she held with the utmost professionalism and dedication until her retirement last month. Under her stellar leadership, our Library has continued to be the most successful in the entire Riverside County Library System, with greater circulation, visitors, library cards issue, and program participation that any other library in the county. In addition to her 50+ years of service to libraries and literacy in our community, she has also served on the TVUSD School N Board for eight years, the City's Blue Ribbon Committee, and continues to serve on the Board of the Temecula Public Cemetery District, a post she has held since 2011. Several years ago, she began volunteering as a "puppy raiser" for Canine Companions, an organization which trains and places service dogs with veterans and others with disabilities. Even in her well deserved retirement after half a century of service, she continues to serve her community in multiple, vital ways. Naming the Community Room at the Library after Rosie is a fitting tribute to her decades of selfless dedication. (Section Break) Impact Statement Please see the Public Recognition Policy here for additional details. For the following awards listed below, please complete the Impact Statement in its entirety: Community Leader Award of Distinction Wall of Honor Memorial, Monument and/or Facility Naming IMPACT STATEMENT • Resume -.Please demonstrate proof of impact of the nominee to the community with dates of service included in the resume. • Letter(s) of Recommendation Additional Documentation - Opportunity to further support the nominee's impact on the community Period of time as well as contributions recognized by a significant segment of the community and their respective industry (education, nonprofit, business) will be considered upon review of request. Resume of Nominee Rosie Vanderhaak resume.pdf Letter(s) of Rosie Vanderhaak Community Room recommendation.pdf Recommendation Additional Documentation Letter of Support for Rosie.pdf Any Additional Comments? Electronic Signature Agreement Electronic Signature Field not completed. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Erica Russo After submitting this form, you will be contacted shortly regarding the status for your request. Thank you! Email not displaying correctly? View it in your browser. Rosie Vanderhaak Resume Manager, Temecula Public Libraries 1971— Present - Instrumental in developing, acquiring funding for, and then managed Ronald H. Roberts Temecula Public Library from its opening in 2006 until her retirement in 2023. Under her leadership, the Library became the busiest library in all of Riverside County, serving over a half -million visitors per year - Developed and maintained exceptional library resources, including a legal library, genealogical resources, and The Homework Center for tutoring in conjunction with TVUSD - Advocated for the creation of and later managed Grace Mellman Public Library upon its opening in 1992 - Working in Temecula's very first library, a tiny storefront in Tower Plaza Trustee, California Public Cemetery District Board 2011— Present Volunteer Puppy Raiser, Canine Companions 2021— Present Member, Temecula Blue Ribbon Committee 2010 Trustee, Temecula Valley Unified School District Board 1988 —1997 » RONALD H. ROBERTS (eZ�WoT PUBLIC LIBRARY September 29, 2023 City of Temecula Public Recognitions Subcommittee 41000 Main St. Temecula, CA. 92590 It is my distinct pleasure to recommend the renaming of the community room at the Ronald H. Roberts Temecula Public Library the Rosie Vanderhaak Community Room, honoring her unparalleled 50 years of dedicated library service in Temecula. A Temecula resident since 1971, Rosie raised her three children here. She served nine years on the Board of Trustees of the Temecula Valley Unified School District, on the Temecula-Murrieta Interagency Council with the Temecula Valley Unified School District and was a member of the Blue Ribbon committee for the City of Temecula's development of the Quality of Life Master Plan for Temecula. Since 2011, she has served on the board of the cemetery district, heading a committee to develop a five-year plan to renovate the Temecula Public Cemetery. But, exceptional library services for our entire community have been her true heart and driving passion. Rosie's library career began at the original community library where it was housed in a cramped 750 sq. ft. storefront in Tower Plaza. When the library faced closure due to budget constraints, she offered to work free of charge. With Temecula's incorporation in 1989 and the great housing boom came increased demand for a much larger library. Rosie was instrumental in seeking support for the building of the Temecula Public Library (later renamed the Grace Mellman Community Library) in 1992. While Library Manager, library services continued to expand and flourish soon necessitating an even larger, state of the art library. The beautiful 34,000 sq. ft. Ronald H. Roberts Temecula Public Library opened in December 2006 and it continues to be exponentially the busiest library in Riverside County to this day. Under her 17 years of visionary leadership as Branch Manager, the Ronald H. Roberts Temecula Public Library has provided a dazzling array of library services, programs and meeting space for countless customers from babies to senior citizens, local service groups, and small businesses. Her impact on the library and our community has been huge and lasting. Congressman Darrell Issa nominated the Ronald H. Roberts Temecula Public Library for the 2023 National Medal for Museum and Library Service, the highest honor for institutions making significant contributions to their communities. This would not have been possible were it not for Rosie's tireless dedication to providing truly outstanding library services. Working with Rosie for 31 years has been a true joy and a privilege. I cannot think of a more befitting way to honor her 50 year legacy of stellar and exceptional contributions to the library, the City of Temecula and its citizens than by renaming the library's community room the Rosie Vanderhaak Community Room. Respectfully, Ginger A. Safstrom Branch Manager 30600 Pauba Road, Temecula, CA 92592 (951) 693-8900 www.temeculalibrary.org www.rivlib.net Teme,�� Friends of the Temecula Libraries YSupporting the Grace Mellman Community Library and the Ronald H. Roberts Temecula Public Library Since 1979 October 30, 2023 BOARD OF DIRECTORS Ms. Erica Russo Director of Community Services PHYLLIS RUSE City of Temecula President 41 000 Main Street DARLENE A. LYNN Treasurer Temecula, CA 92590 JUDY FRAYNE Secretary Dear Ms. Russo, LINDA SCHNEIDER Auditor It is with great pleasure and respect that on behalf of the Friends of the Dirrectorector DiLEJANDRE Temecula Libraries, I ask and encourage the City of Temecula to KATHIBOLLENGER rename community rooms A & B at the Ronald H. Roberts Temecula Public Director Library to the Rosie Vanderhaak Community Rooms A & B. PAISLEY CATO Director I have personally known Ms. Vanderhaak for nearly 30 years and have TERIMeNALLY Director had the privilege of working with her in the design, construction and operations of the Ronald H. Roberts Temecula Public Library over that Director JE CtaY time. Ms. Vanderhaak has devoted over 50 years of public service in this community and has provided excellent service to the patrons of our libraries. She has succeeded in operating the busiest library in all CONSULTANTS of Riverside County with grace, dignity and a smile on her face. Joseph Koehler Certified Public Accountant Upon her well-earned and deserved retirement, I can think of no Efren Nava, Esq. Attorney at Law greater recognition of her service and devotion to this community and of our gratitude and esteem for her than to name the community rooms for Ms. Vanderhaak. Thank you for your conderation of this request. I look forward to seeing an appropriate recognition for such an amazing person. Sincerely, PhyU,�k L. 12 wsel Phyllis L. Ruse President Post Office Box 817 Temecula, California 95293 (951) 302-1257 www.friendso8hetemeculalibraries.or¢ Friends of the Temecula Libraries is a 501(c)(3) not for profit organization. Federal Tax ID #95-3374803 Naomi Frontela From: noreply@civicplus.com Sent: Thursday, August 31, 2023 10:38 AM To: Naomi Frontela; Erika Ramirez; Randi Johl Subject: Online Form Submittal: Public Recognitions Request Application Follow Up Flag: Follow up Flag Status: Flagged 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. Public Recognitions Request Application Public Recognitions Request Please reference the requirements for each award in the Public Recognition Policy here. Please select the recognition that you are requesting: Please list your preferred City Council meeting dates) for the recognition requested and any other related details. Requestor Information (Section Break) Memorial, Monument and/or Facility Naming none (Section Break) For the following recognitions, the requestor must be different from the recipient as this will be considered as a nomination: Community LeaderAward of Distinction, Wall of Honor, Memorial, Monument and/or Facility Naming Requestor First and Last Sherrie Munroe Name 1 Organization (If Applicable)/ 4M Engineering / Friend Relationship to Nominee Requestor Phone Number Requestor Email Address Requestor Address 41635 Enterprise Circle N., Suite B City Temecula State CA Zip Code Nominee Information 92590 (Section Break) Nominee First and Last Roger Epperson Name Organization (If Applicable) Rancho Land Associates Nominee Phone Number deceased Nominee Email Address deceased Nominee Address c/o Neil Cleveland, Rancho Land Associates 28043 Del Rio Road City Temecula State Ca Zip Code 92590 (Section Break) Please explain in detail the We are requesting a Memorial Facility Naming for the Public reason you are making this Parking Lot behind the Stampede / Baily's buildings on Old request and why you would Town Front Street. We are requesting that this Public Parking like the Council to consider Facility be named "The Roger Epperson Memorial City Parking this recognition: Lot". Roger Epperson, with his business partner Neil Cleveland, opened the doors to Rancho Land Associates in Temecula 46 years ago. They were, and continue to be, one of the earliest Chamber of Commerce Members. Roger lived and worked in this community this entire time, and was instrumental in helping move the vision of Old Town the City has had forward with his involvement with the Specific Plan, and commitment to the sense of arrival for the south end of town N with beautification modifications to the Stampede building he and Neil have owned for many years. He was essential in assisting the city first with this public lot via a parking agreement with the city, then with the city endeavors to improve Murrieta Creek after the flooding of Old Town, then with the improvement of the existing parking lot to better accommodate visitors. He contracted first Larry Markham with MDMG, and then later (after Mr. Markham's retirement) 4M Engineering at his own expense to assist the city with join conditions and survey data; provided the city with an ADA path of travel back to Front Street, and paid us to assist city staff and consultants with the parking betterment and compliance with all state codes and regulations for this. Sadly„ Roger did not live to see this completed, and passed away in July of this year. In his honor and memory, with the support of city staff, we respectfully request he be honored in this fashion. Thank you in advance for your consideration in this, and see attached for support letters, resume and information. We are available for any questions or backup you need to move this forward. Impact Statement Please see the Public Recognition Policy here for additional details. For the following awards listed below, please complete the Impact Statement in its entirety: Community Leader Award of Distinction Wall of Honor Memorial, Monument and/or Facility Naming IMPACT STATEMENT • Resume -.Please demonstrate proof of impact of the nominee to the community with dates of service included in the resume. • Letter(s) of Recommendation • Additional Documentation - Opportunity to further support the nominee's impact on the community Period of time as well as contributions recognized by a significant segment of the community and their respective industry (education, nonprofit, business) will be considered upon review of request. Resume of Nominee RWE Resume.Ddf Letter(s) of Letters Bound.pdf Recommendation Additional Documentation Field not completed. Any Additional Comments? Thank you Electronic Signature I declare under penalty of perjury under the laws of the State of Agreement California that the foregoing is true and correct. Electronic Signature Sherrie L. Munroe After submitting this form, you will be contacted shortly regarding the status for your request. Thank you! Email not displaying correctly? View it in your browser. ROGER W. EPPERSON Rancho Land Associates 128046 Del Rio Rd., Ste C, Temecula, CA 92590 EXPERIENCE President and CFO, Rancho Land Associates; Temecula, CA—1977-2023 • Managed land acquisitions, entitlement processes, and development projects. • Facilitated the procurement, development, and construction of commercial real estate properties. • Orchestrated leasehold improvements and successfully negotiated leasing agreements. • Played an active role in multiple city planning specific plans within the Temecula region. • Provided comprehensive oversight and proficiently managed commercial and industrial property portfolio. Real Estate Consulting, Excel National Bank; Temecula, CA — 2012-2018 Provided strategic counsel to a National Bank regarding real estate ownership and divestment strategies. Demonstrated effective oversight in analyzing valuation and managing the disposition of real estate owned assets. Land Real Estate Agent, Rancho California Development; Temecula, CA—1974-1977 • Played a pivotal role in the initial establishment of Rancho California. • Functioned as a licensed real estate agent specializing in the sale of agricultural and various other real estate properties. Stock Trader, Pacific Stock Exchange; Los Angeles, CA—1972-1974 Executed trades on the Pacific Stock Exchange, leveraging in-depth knowledge of market trends and analysis. Strategically identified and capitalized on short-term trading opportunities. Managed and diversified a portfolio of stocks, options, and other financial instruments. EDUCATION California State University, Long Beach — Long Beach, CA Bachelor of Science in Finance, 1972 AWARDS & ACCOMPLISHMENTS Founder of Bear Creek Golf Cub in Murrieta, CA Licensed California Broker since 1989 Company Chamber of Commerce Member since 1981 This resume has been prepared posthumously on to serve as background on Roger Epperson's experience in business and the community in Temecula, CA and the greater Southern California area. For more information, please contact Katie Epperson at or Neil Cleveland at nmcleve(@sbcglobal.net. August 25th, 2023 Clerks Office City of Temecula 41000 Main Street Temecula, CA 92590 To Whom It May Concern, I am writing this letter to wholeheartedly endorse the proposal to name the South Side Public Parking Lot located behind the Temecula Stampede and Baileys in Temecula, CA, after the late Roger W. Epperson. Mr. Epperson was a remarkable individual who made significant contributions, in many quiet and subtle ways, to our community throughout his lifetime. It is my honor to express my enthusiastic support for this well -deserved recognition. Roger W. Epperson was more than a resident; he was a dedicated and longstanding member of the Temecula community. He moved to Temecula in the 1970s and became deeply invested in the growth and development of Old Town Temecula. Roger, over the course of his life, has demonstrated an unwavering commitment to Temecula's prosperity and progress. For over four decades, Mr. Epperson was a property owner in our town, including an ownership interest in the Temecula Stampede Building, a cornerstone building in Old Town Temecula. His contributions went beyond his ownership; he actively engaged with the community and leveraged his position to foster positive change. In 1999, he demonstrated his dedication by selling the parking lot in question to the City of Temecula, displaying his foresight in contributing to the infrastructure of Old Town Temecula. Mr. Epperson participated in the community meetings and with City Staff by adding critical and valuable provisions and direction to the Old Town Specific Plan, shaping the character and charm that define Temecula's historic heart. His passion for maintaining the town's unique identity was evident in every endeavor he undertook. Beyond his professional pursuits, he was a resident who not only operated his business in Temecula but also resided within the town's borders. This genuine connection allowed him to understand and address the needs of the community with remarkable insight. Furthermore, Mr. Epperson's partnership with Neil Cleveland in Rancho Land Associates (a company that is one of the longest standing members in the Chamber of Commerce) and his collaborative efforts with individuals at City Hall showcased his dedication to facilitating positive relationships for the betterment of Temecula. His integrity, honesty, and upstanding character were hallmarks of his interactions, leaving a lasting impression on all who had the privilege of working with him. Page 1 of 2 As we reflect on Roger Epperson's legacy, it is clear that his influence has left an indelible mark on our community. Naming the Old Town South Side Public Parking Lot behind the Stampede and Baileys after Roger would be a fitting tribute to honor his contributions and ensure that his memory continues to inspire future generations. I wholeheartedly recommend and support this initiative, as it encapsulates the spirit and essence of a man who dedicated his life to the betterment of Temecula, leaving an enduring legacy for all to cherish. Sincerely, Neil M. Cleveland Business Partner & Lifelong Friend of Roger for over 45 years Page 2 of 2 Larry R. Markham Markham Development Strategies, LLC 41635 Enterprise Circle North, Suite B Temecula, CA 92590 I would like to recommend Roger Epperson for Public Recognition by the City of Temecula. I had the pleasure and honor to know Roger and work with him, both professionally and personally for over 40 years. He was a true professional in the real estate industry, with emphasis in real estate investments in Old Town Temecula and the older industrial areas of Temecula. Specifically, Roger and his real estate partner, Neil Cleveland, had the vision to acquire the hardware store building at Front and 11t streets and pursue an entertainment user tenant, turning the building into first, The Midnight Roundup and later The Stampede and taking a greater financial interest in the property to assure the success of the entertainment use. The venue is now fondly known far and wide, in the local country, western and military communities. Additionally, Roger and Neil cooperated with the Temecula staff to craft an innovative land acquisition and joint use agreement that was the initial anchor city parking facility, that has assured the ongoing commercial success of Old Town Temecula. Later Roger and Neil coordinated with staff for the ability to facilitate the construction of the Murrieta Creek channel improvements and the transformation of the parking lot into a more functionally efficient design. Most recently Roger and Neil had the vision and made the financial investment to completely transform the Front & 15t street frontages into a true commercial entry, where once only two blank walls existed before. Roger will be dearly missed by all who had the pleasure to know him, play golf with him, conclude real estate deals with him and enjoy his steady stream of jokes and amusing quips. He deserves the recognition of his efforts to advance the interests of Temecula! Farewell old friend, you will be missed. Larry R. Markham ANISE CHEVROLET August 29, 2023 Clerks Office City of Temecula 41000 Main Street Temecula, CA 92590 To Whom It May Concern: CADILLAC I am writing this letter in support of the initiative to name the parking lot located behind the Temecula Stampede and Bailey's restaurant in Old Town Temecula after a man that loved and supported Temecula, Roger W. Epperson. A man deserving of this recognition. I met the late Roger Epperson in 1992 and he quickly became a dear friend of mine. We enjoyed time on the golf course, laughing and sharing stories. During the 30+years I have known Roger, he proved to love the Temecula community where he raised his family and operated a successful business. Roger was a man who lived a full life with family and friends and one that was also dedicated to his community. Upon moving to Temecula in the 1970's he formed Rancho Land Associates, Inc., a real estate brokerage company, along with Neil Cleveland. Rancho Land Associates is currently one of the longest standing members of the Temecula Valley Chamber of Commerce. With a focus on growing his business in the Temecula Valley, Roger also had a heart for preserving and maintaining the vision of the beautiful Old Town Temecula and the Old Town Specific Plan. Over the years Roger made many meaningful contributions to Temecula and continually strived to advance positive change. He invested his time by attending City and community meetings that ultimately created this positive change toward the growth and development of Old Town Temecula. Roger was truly a staple of this community, and it would be an honor to continue his legacy by naming the Old Town Temecula South parking lot, behind the Temecula Stampede and Bailey's restaurant, after Roger W. Epperson. Since ly, /1 Terry ilm ere, President/Owner Paradise Chevrolet Cadillac 27360 Ynez Road Temecula, Ca. 92591-4684 Mailing Address P.O. BOX 9036, Temecula,Ca. 92589-9036 F1�'!% (951) 699-2699 FAX 951 699-4416 ( ) SERVICE DIRECT PARTS DIRECT (951) 506-0058 (800) rewE u � E www.parndiseuutos.com 281-1504 (888)372-2710 (S00)2S]-4472 BUSINESS OF THE YEAR 1NES 1OF EY Making a Difference 1999, 2002, 2004 b Business of the Year From: noreolv(cbcivicolus.com To: Naomi Frontela; Erika Ramirez; Randi Johl Subject: Online Form Submittal: Public Recognitions Request Application Date: Monday, July 17, 2023 12:54:45 PM 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. Public Recognitions Request Application Public Recognitions Request Please reference the requirements for each award in the Public Recognition Policy here. (Section Break) Please select the Memorial, Monument and/or Facility Naming recognition that you are requesting: Please list your No preference on date preferred City Council Ronald J. Parks Duck Pond - The center of our beautiful City is meeting date(s) for the an appropriate recognition for the First Mayor of the City of recognition requested Temecula and any other related details. (Section Break) Requestor Information For the following recognitions, the requestor must be different from the recipient as this will be considered as a nomination: Community LeaderAward of Distinction, Wall of Honor, Memorial, Monument and/or Facility Naming Requestor First and Last Name Organization (If Applicable)/ Relationship to Nominee Requestor Phone Number Kelly Aven Field not completed. Requestor Email Address Requestor Address City State Zip Code 31805 Temecula Parkway, #253 Temecula CA 92592 (Section Break) Nominee Information Nominee First and Last Ronald J. Parks Name Organization (If Field not completed. Applicable) Nominee Phone deceased Number Nominee Email deceased Address Nominee Address deceased City deceased State deceased Zip Code deceased (Section Break) Please explain in detail Ronald J. Parks, the First Mayor of the City of Temecula was a the reason you are truly remarkable individual whose forthright and honest making this request demeanor, and fine personal example were an inspiration for and why you would like those people whose lives he touched. the Council to consider this recognition: Born in Oklahoma City in 1942, Parks came to California with his family in 1948. In 1985, Ronald J. Parks founded his own company, Ramtek, and worked on a number of engineering and development projects in the area before being elected as the first Mayor of the City of Temecula in 1989 and serving two terms on the Temecula City Council, in addition to serving from 1996 to 2006 as the City's Deputy Director of Public Works, and over the years, he took pride in solving problems, building consensus, and enhancing the quality of life in his community, for which he honored with the Temecula Valley Chamber of Commerce's Lifetime Achievement Award in 2008. Parks took pride in solving problems, building consensus and enhancing the quality of life in the region. Parks was a member of numerous regional boards and committees, including Western Riverside Council of Governments, Southern California Association of Governments, Temecula-Murrieta Economic Development Corporation, League of California Cities, California Contract Cities, Murrieta Creek Citizen's Advisory Committee, and Riverside County Habitat Conservation Agency. Parks always made time for serving his community, coaching Pop Warner youth football and serving as a Charter Member for the Rotary Club of Temecula, the Boys & Girls Clubs of Southwest Counties, and FOS Golf Club. He participated in community activities such as The H.E.A.R.T. Foundation, Temecula Rotary Club, Temecula Valley Chamber of Commerce, Temecula Valley Substance Abuse Council, and Knights of Columbus to name a few. Whether he was dressed up like Santa Claus during the holidays or as Ernest Hemingway in a look -alike contest, Parks always brought cheer into peoples' lives and he lived life to the fullest. The passing on August 10, 2021, of a distinguished California resident and devoted civic leader, Ronald J. Parks, whose good deeds earned him the respect and admiration of his colleagues and the countless individuals whose lives he touched, brought immense sorrow and loss to people throughout the State of California. (Section Break) Impact Statement Please see the Public Recognition Policy here for additional details. For the following awards listed below, please complete the Impact Statement in its entirety: Community Leader Award of Distinction Wall of Honor Memorial, Monument and/or Facility Naming IMPACT STATEMENT • Resume - Please demonstrate proof of impact of the nominee to the community with dates of service included in the resume. • Letter(s) of Recommendation . Additional Documentation - Opportunity to further support the nominee's impact on the community Period of time as well as contributions recognized by a significant segment of the community and their respective industry (education, nonprofit, business) will be considered upon review of request. Resume of Nominee Ronald J.Parksdocx.docx Letter(s) of 0911_001.pdf Recommendation Additional 0912 001.pdf Documentation Any Additional The above requested documents could not be attached as the Comments? download is not working properly. I have submitted the documents through email to Betsy Lowery. Electronic Signature I declare under penalty of perjury under the laws of the State of Agreement California that the foregoing is true and correct. Electronic Signature Kelly Aven After submitting this form, you will be contacted shortly regarding the status for your request. Thank you! Email not displaying correctly? View it in your browser. Ronald J. Parks Ronald J. Parks, the First Mayor of the City of Temecula was a truly remarkable individual whose forthright and honest demeanor, and fine personal example were an inspiration for those people whose lives he touched. Born in Oklahoma City in 1942, Parks came to California with his family in 1948. In 1985, Ronald J. Parks founded his own company, Ramtek, and worked on a number of engineering and development projects in the area before being elected as the first Mayor of the City of Temecula in 1989 and serving two terms on the Temecula City Council, in addition to serving from 1996 to 2006 as the City's Deputy Director of Public Works, and over the years, he took pride in solving problems, building consensus, and enhancing the quality of life in his community, for which he honored with the Temecula Valley Chamber of Commerce's Lifetime Achievement Award in 2008. Parks took pride in solving problems, building consensus and enhancing the quality of life in the region. Parks was a member of numerous regional boards and committees, including Western Riverside Council of Governments, Southern California Association of Governments, Temecula-Murrieta Economic Development Corporation, League of California Cities, California Contract Cities, Murrieta Creek Citizen's Advisory Committee, and Riverside County Habitat Conservation Agency. Parks always made time for serving his community, coaching Pop Warner youth football and serving as a Charter Member for the Rotary Club of Temecula, the Boys & Girls Clubs of Southwest Counties, and FOS Golf Club. He participated in community activities such as The H.E.A.R.T. Foundation, Temecula Rotary Club, Temecula Valley Chamber of Commerce, Temecula Valley Substance Abuse Council, and Knights of Columbus to name a few. Whether he was dressed up like Santa Claus during the holidays or as Ernest Hemingway in a look -alike contest, Parks always brought cheer into peoples' lives and he lived life to the fullest. The passing on August 10, 2021, of a distinguished California resident and devoted civic leader, Ronald J. Parks, whose good deeds earned him the respect and admiration of his colleagues and the countless individuals whose lives he touched, brought immense sorrow and loss to people throughout the State of California. August 22, 2023 Dear Mayor Pro Tern James Stewart Councilmember Jessica Alexander Re: Public Recognition for First Mayor Ron Parks We are writing in support of recognizing our first Mayor Ron Parks. During the election that confirmed the City's incorporation, Ron received the highest number of votes of the five elected councilmembers. Thus, he became the City of Temecula's first mayor in 1989. Ron understood this was an honor and a responsibility. His leadership, passion and enthusiasm created a solid foundation of governance that has lasted over 30 years. Ron led the orderly transition from County control to city government. Early accomplishments under his tenure included the establishment of Police and Fire contracts, establishment of the landscape and lighting districts throughout the City. Further, the framework of balance between jobs, sales tax revenue, housing opportunities and a high quality of life for Temecula's citizens. After serving two terms on the Council, Ron later became the Deputy Director of Public Works. He served that role for ten years before retiring. Ron always made time for serving his community outside his elected and staff position. Ron was a Pop Warner football coach, a founding member of the Rotary Club of Temecula and the Boys and Girls Club of Southwest Riverside County. He may be best known as Temecula's Santa hosting the annual Breakfast with Santa each year and the Community Recreation Center. There will only ever be one first Mayor. Ron never put his position in front of the community. He took pride in solving problems, building consensus, and enhancing the quality of life in our community. For this Ron Parks deserves proper recognition for this body of work that may be hard to quantify but easy to see every day throughout the community. Thank you for your consideration in this matter. Sincerely, John Meyer Alice Sullivan Meyer Naomi Frontela From: Randi Johl Sent: Monday, September 18, 2023 2:33 PM To: Naomi Frontela Subject: FW: Public Recognition for Ron Parks For Ron Parks packet Randi Johl, JD, MMC, CDE Legislative Director / City Clerk (951) 694-6421 randi.johl@temeculaca.gov 41000 Main St, Temecula, CA 92590 Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. -----Original Message ----- From: Aaron Adams <aaron.adams@temeculaca.gov> Sent: Monday, September 18, 2023 7:23 AM To: Grant Yates > Cc: Randi Johl <randi.johl@temeculaca.gov>; Kevin Hawkins <kevin.hawkins@temeculaca.gov> Subject: RE: Public Recognition for Ron Parks Received thank you. Randi-for file and next adhoc -----Original Message ----- From: Grant Yates > Sent: Sunday, September 17, 2023 2:34 PM To: Aaron Adams <aaron.adams@temeculaca.gov> Subject: Fwd: Public Recognition for Ron Parks 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 Mr. Adams, > Please include this e-mail when the Subcommittee of Mayor Pro Tern Stewart and Council Member Jessica Alexander meet to consider public recognition for our City's First Mayor, Ron Parks. > Mr. Parks was the highest vote getter of the five council members seated on the first City Council and became our first Mayor. During the early years of incorporation the City faced many difficult decisions and we are very fortunate that Mr. Parks lead with wisdom, passion and a sincere belief that Temecula could become the world class City that it is today. > Mr. Parks selected the City's first Interim City Manager, Frank Alshire, and then hired the City's first City Manager,Dave Dixon, who helped the first City Council set up a solid foundation for the future. As our first Mayor, Mr. Parks established contracts for Police and Fire Services, helped create the framework for fiscally conservative policies that included setting up Lighting and Landscaping Districts along with creating a robust Community Services District. Mr. Parks was also a strong advocate for balancing jobs and economic development with the citizens needs for quality housing while providing a high quality of life. > Mr. Parks was a civil engineer by profession but a true public servant at heart. Following his tenure on the City Council, where he served two terms, Mr. Parks embarked on a career as the City's Deputy Director of Public Works. Mr. Parks served in that role for over a decade before he retired. During his time as Deputy Director, Mr. Parks worked tirelessly to ensure that new development was of the highest quality and made sure that developers were treated fairly but were held responsible for quailty development. > Mr. Parks also served the community in many other civic roles including Pop Warner coach, founding member of Temecula Rotary and was very active with the Boys and Girls Club among other charities. > Please consider recognizing Mr. Parks in a manner which is befitting to such an important man who gave so much to the community he loved. > Sincerely, > Grant Yates > Sent from my iPad C�uuni_y of Eiurrsibr ROCLANiATIC TO HONOR Temecula City Councilman RONALD J. PARKS WHEREAS, Ronald J. Parks was Temecula's first mayor, President of the Temecula Community Services District, and Chairman of the Temecula Redevelopment Agency, and WHEREAS, Ronald J. Parks was a member of numerous regional boards and committees, including, Western Riverside Council of Governments, Southern California Association of Governments, Temecula- Murrieta Economic Development Corporation, League of California Cities, California Contract Cities, Murrieta Creek Citizens Advisory Committee, and Riverside County Habitat Conservation Agency, and WHEREAS, Ronald J. Parks participated in community activities, such as The H.E.A.R_T. Foundation, Temecula Rotary Club, Temecula Valley Chamber of Commerce, Temecula Valley Substance Abuse Council, and the Knights of Columbus, and WHEREAS, Ronald J. Parks has been dedicated to ensuring the economic well being and maintenance of high standards for quality of life issues enjoyed by residents of the City of Temecula, during the past six years as a member of the City Council of the City of Temecula, NOW, THEREFORE, LET IT BE KNOWN, that the Riverside County Board of Supervisors wishes to express its deep appreciation to Ronald J. Parks for his six years of service to the City of Temecula and to Riverside County and wish him great success and enjoyment in his new endeavors in Arizona. K Ceniceros_ Chairman Third D Bob Buster, Supervisor First District Wilson pmisor Fourth District 0 Tom Mullen, Supervisor Fifth District Board of Supervisors WemorxaC &solution P4 Y r V tiring rH��N CflsSOn q?gn Parks On motion of Supervisor Washington, seconded by Supervisor Spiegel and duly carried, IT WAS ORDERED that the meeting of Tuesday, August 17, 2021 be adjourned in memory of Ron Parks, Temecula's first mayor, who passed away August 10, 2021 at the age of 79. Parks was born in Oklahoma City in 1942 and came to California with his family in 1948. In 1989, Parks was elected as Temecula's first mayor. He served two terms on the city's first council before serving as the city's deputy director of public works from 1996 to 2006. Ron took great pride in solving problems, building consensus, and enhancing the quality of life in the region. Parks always made time for serving his community, coaching Pop Warner youth football and serving as a charter member for the Rotary Club of Temecula, the Boys & Girls Clubs of Southwest Riverside County and the FOS Golf Club. He earned the Temecula Valley Chamber of Commerce's Lifetime Achievement Award in 2008. Whether he was dressed up as Santa Claus during the holidays or as Ernest Hemingway in a look -alike contest, Ron always brought cheer into peoples' lives, and he lived life to the fullest. Parks is survived by his wife, Debbie; his uncle, Edwin "Duke" Nix; three children, Dan Parks, Erin Parks and Lisa Parks; two stepchildren, Kelly Shirey and Eddie Spetz, and eleven grandchildren. Ron Parks' memory will live forever in the hearts of those who knew and loved him. He will be greatly missed but never forgotten. The Board of Supervisors commemorates his service to the County of Riverside. IT WAS FURTHER ORDEi that the Board of Supervisors expresses its heartfelt condolences to the family of Ron Parks, Temecula's first mayor. K n Jeffries, Supervisor First District Chuck Washington, Suiervisor Third District itt, upervi or Fifth District Karen Spiegel, Supervis Second District V. Manuel Perez, Sup sor Fourth District otiK,rp. Board o Supervisors I. I '� ALIsAa 2IOify J onoling rs, on November 28, 2006, the City of Temecida, afong with friends andcolreagues, honored Ron Parks, on the occasion of his retirement and to recognize the dedication, commitment and devotion he has exhibited during his tenure as the Deputy Director of PubCic W rks; and wlawoms, Ron Parks has touched the lives of many peopfe and with integrity, enthusiasm andleadership, has made the Temecufa community a betterplace to tit-ve; and wifEsm-ms Ron Parks has given seventeen years of outstanding and meritorious service to the citizens of Temecu" and www_xs Ron Parks servedas the first Nayor of the City of Temecufa and servedon the City CounciCfrom the time of incororation in ig8g through igg6; and WOW, 9WTg0W,9� LE7r7OE 9MSOL` ED, that the Boardof Supervisors of Riverside County does hereby honor Ron Parks for his many achievements and contributions andwishes him a rich and rewarding retirement. Dated this 12", Day of December, 2006 0 -BOB BUSTER J=NAG�Chairman S First District Second District oLVI L2t;;D JE NE LSOX e sor Supe 'sor Third District Fourth District ON EY S pervisor Fifth District THE SENATE CALIFORNIA LEGISLATURE A MEMORIAL RESOLUTION By the Honorable Melissa A. Melendez, 28th Senatorial District; Relative to Memorializing RonafdYackParks WHEREAS, The passing on August 10, 2021, of a distinguished California resident and devoted civic leader, Ronald Jack Parks, whose good deeds earned him the respect and admiration of his colleagues and the countless individuals whose lives he touched, brought immense sorrow and loss to people throughout the State of California; and WHEREAS, A truly remarkable individual whose indomitable spirit, forthright and honest demeanor, and fine personal example were an inspiration to those people whose lives he touched, Ronald Parks was born in Oklahoma City, Oklahoma, in 1942 and moved with his parents to Bellflower, California, in 1948, after which he earned a degree in civil engineering at California State University, Long Beach, and moved to Rancho California in 1972 to work for Rancho California Development Company as an engineer and grading contractor, helping to build the Temecula Valley's civil infrastructure; and WHEREAS, In 1985, Ronald Parks founded his own company, Ramtek, with Merrill Purves, and worked on a number of engineering and development projects in the area before being elected as the first Mayor of the City of Temecula in 1989 and serving two terms on the Temecula City Council, in addition to serving from 1996 to 2006 as the City's Deputy Director of Public Works, and over the years, he took pride in solving problems, building consensus, and enhancing the quality of life in his community, for which he was honored with the Temecula Valley Chamber of Commerce's Lifetime Achievement Award in 2008; and WHEREAS, Beyond his professional life, Ronald Parks enjoyed his favorite hobby of golf, which he played many rounds of with friends over the years, yet he always made time for community service, including coaching Pop Warner Football, taking his team to the national finals in Hawaii in 1982, and serving as a charter member of the Rotary Club of Temecula, the Boys & Girls Clubs of Southwest Riverside County, and FOS Golf Club, and he was also profoundly committed to his faith; and WHEREAS, Renowned for bringing cheer into peoples' lives and living life to the fullest, Ronald Parks lived in Murrieta with his dear wife, Debbie, for 21 years, and together they vacationed at their homes in St. Petersburg, Florida, and Palo Verde, California, on the Colorado River, as well as enjoying trips to Tahiti, Panama, and Europe, and he had a wonderful sense of humor, making Debbie laugh every day, in addition to having fun dressing up as Santa Claus during the holidays or as Ernest Hemingway in a look -alike contest; and WHEREAS, Limitless in his vision and capacity to excel, Ronald Parks will forever be remembered as a beacon of hope for all those who have committed themselves to improving the quality of life for future generations, and he leaves to mourn his passing and celebrate his life his wife. Debbie: his uncle, Edwin "Duke" Nix; his children, Dan, Erin, and Lisa Parks; his stepchildren, Kelly Shirey and Eddie Spetz; and his 11 grandchildren; now, therefore, be it RESOLVED BY SENATOR MELISSA A. MELENDEZ, That she expresses her deepest sympathy at the passing of Ronald Jack Parks and, by this resolution, memorializes him for his illustrious record of personal, professional, and civic achievements, as well as the love and devotion he gave to his family and friends. City of Temecula Certificate of Appreciadon Presented on behalf of the City Council of the City of Temecula in honor of - Ron Parks WHEREAS, on December twelfth, 2006, the City of Temecula honored Ron Parks for his 17 years of outstanding and meritorious service to the citizens of Temecula; and WHEREAS, Ron served as the first Mayor of the City of Temecula and served on the City Council from the time of incorporation in 1989 through 1996; and WHEREAS, the City of Temecula extends its deepest gratitude to Ron for his dedication, commitment, and devotion during his tenure as the Deputy Director of Public Works. Ron managed the Land Development Division in this capacity for ten years; and WHEREAS, with integrity, enthusiasm, leadership, and his extraordinary sense of humor, Ron touched the lives of many people and made this Community a better place to live; and WHEREAS, Ron oversaw and approved the Public Works Conditions of Approval for Harveston, the Auto Mall, the Promenade Mall, the Campus Project, Wolf Creek, Home Depot, and Roripaugh Ranch; and WHEREAS, Ron managed the FEMA program within the Public Works Department and served on the Murrieta Creek Committee; and WHEREAS, Ron has been the City's own Santa Claus in the Santa's Electric Light Parade for several years. NOW, THEREFORE, I, Michael S. Naggar, on behalf of the City Council of the City of Temecula, commend Ron on his many achievements, appreciate his many accomplishments on behalf of the City, and sincerely congratulate him for receiving the Temecula Valley Chamber of Commerce Lifetime Achievement Award. 1989 IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this twenty-third day of February, 2008. Michael S. , Mayor Michaela A. Baltre1ch, Deputy City Clerk City of Temecula Certificate of Appreciation Presented on behalf of the Planning Commission and the Planning Department to: Ron Parks For providing invaluable assistance and direction for the last ten years to the Planning Commission; for responding to Planning Commission concerns and inquiries and making himself available to address issues raised by the Planning Commission; and leaving a lasting legacy of knowledge, customer service and empathy while serving the Planning Commission during the last ten years. The Planning Commission and the Planning Department of the City of Temecula hereby wish to extend our thanks for the dedication to quality development, the invaluable input and insight provided, and the example of excellent customer service that was always exhibited during Ron's tenure assisting the Planning Commission. IN WITNESS WHEREOF, I have hereunto "affixed my hand and official seal this 16th day of November, 2006. Ron Guerriero, Chairman Michae a A. Ballreich Deputy City Clerk Campaign Speech Hi, I'm Ron Parks and I've been involved in this community for the past 17 years. I'm presently Executive Vice President for Lohr + Associates Rancho California Inc. , which is a civil engineering company specializing in land planning and subdivision work in Riverside County. My interest in being a city councilman stems from my total involvement with this community over the past 17 years through service groups, youth sports and community support programs. I feel that my business and management experience are needed on the first city council and I am willing to serve this community to the best of my ability because I believe in it! My intent as a City Councilman is to insure that the quality of life and our traditional values are properly managed and preserved - not compromised due to incorporation and high density development. Our first city council takes on a significant challenge - a challenge I'm adequately prepared for. Graduating as a Civil Engineer from C.S.U. Long Beach, my career has lead through the bureaucratic process of city and county government as both a land planner and civil engineer. Organizing and directing my own construction company here in Temecula, I'm familiar with the responsibility of organization, scheduling, budgeting, and coordination at all levels of business management. I want to utilize this proven, sound business experience as we organize a new city in an area I live in and believe in. This community needs good leadership, and I believe that I can provide it. In my opinion, knowledge is the key to good leadership. Recent surveys here show that the people want better police protection! What am I doing about it? I'm gaining knowledge. A) First, I have found out what our current police coverage is; one officer dispatched from Lake Elsinore sub -station, twenty-four hours per day, seven days per week. B) I'm going on a ride -a -long with that officer to see what his day is like, and why we have a 62 minute average response time. C) I'm finding out the cost of putting that officer in the field, and how much it will cost to put in three more units to service our area. So, as a City Councilman, I will be prepared to vote to provide much better police protection. People want less traffic congestion! What am I diong about it? I'm gaining knowledge! A) I've reviewed recent traffic studies with recommendations to alleviate some of the traffic congestion. B) I've reviewed the proposed county improvement districts required by the developers to widen Winchester Road, Highway 79, Margarita Road, and Butterfield Stage Road. C) I've reviewed the proposed Bedford, Mill Roos project to widen Ynez Road to six lanes, and to widen the bridge overcrossing at Winchester Road. D) I know that we will need another north south corridor, and I think Butterfield Stage Road is a good location for that. So, as a City Councilman, I will be prepared to vote to alleviate traffic congestion. People want more parks and a recreation department! What am I doing about it? I'm gaining knowledge! A) I've identified current county projects that will enhance this area, when completed. B) I've identified the only logical areas for a major city park, and I'm formulating a plan to preserve that area until the city can buy it! C) I'm familiar with the many corridors throughout our community that could be utilized for hiking and bike trails, or horse riding trails. So, as a City Councilman, I will be prepared to vote for more parks and a recreation department. These are only three of the major issues that our new city will be facing, but there will be many, many more! And they will not be solved overnight, because the problems first have to be identified and defined before a permanent solution can be found. Knowledge is the key! I am a problem solver, not an over reactor! Please support me with your vote on November 7th as we begin a new city in a new decade. Il 1 I i� 0 In recognition of your 31 years of Service Above Self with the Rotary Club of Temecula November 2006 am The Mayor's Report Ron Parks Ron is the first Mayor of Temecula. Greeting and Welcome to the New City of Temecula! As approach the anniversary of our first year as a City, it is interesting to look back and see what our first City Council has attained. December 1, 1989 was our incorporation day and our first City Council meeting. I, along with Mayor Pro-tem Karel Lindemanns, Council Members Pat Birdsall, Peg Moore and Sal Munoz, ac- cepted this responsibility with sincerity and purpose. Temecula is one of the fastest growing communities in the County of Riverside, as well as in the Nation. Getting control of the growth was like grabbing hold of an explosion. We quickly set up our City government, hiring an interim City Manager, establishing a City Hall and staff, hiring con- sultants to do planning and en- gineering, and quickly began to work through a transition between County control and City government. We entered into a contract with the Riverside County Sheriff's Department to pro- vide police protection and quickly improved the response time for emergencies within our City limits. Fire protec- tion was contracted with the Riverside County Fire Depart- ment and upgraded that ser- vice by adding a million dollars to the existing fire protection fund. We approved interim measures for relieving traffic congestion by placing traffic control personnel on major bridge crossings of Interstate 15 during the peak rush hours. We allocated over $200,000 for interim traffic con- trol measures to relieve some of the dangerous intersections of the City until such time as permanent facilities can be constructed. We found the community lacking in park and com- munity recreation facilities. The City Council then estab- lished a lighting and landscape maintenance fee over the entire City that would help pay for maintenance and improvements of parks and recreation facilities. This as- sessment spread the cost to all of the users within our com- munity. The Temecula City Council is looking for a balanced quality growth that will pro- vide job opportunities and shopping opportunities, along with the housing and recrea- tion elements. We look for the City of Temecula to be the gem of Riverside County; right now it is a diamond in the rough, but Our City Council is carefully planning and examining each and every cut. We invite you to experience our early American history in Old Town or to travel out Rancho California Road just outside the City limits and ex- perience our newer industry which is the Southern Califor- nia Wine Country. It may sound old fashioned, but we want you to find that Temecula is just a nice place to live. Sincerely, Mayor Ron Parks 0o 6 TVM October, 1990 a e-4— r. REGISTRAR OF VOTERS ��C�l UN ' ti COUNTY OF RIVERSIDE TY OR" RIVERSIDE'y :.:._ 4175 Main Street, Riverside, CA 92501-3688 (714) 787-2921 TDD 787-2928 0 FAX 787-2926 November 17, 1989 Ron Parks 30514 Colina Verde Temecula, Ca 92390 Dear Mr. Parks: FRANK K. JOHNSON REGISTRAR RICHARD A. BOTTEL Assistant Registrar — Operations DELFINA E. FRANCO Assistant Registrar — Administration Enclosed is a Certificate of Election for the newly created office of Member of the City Council, City of Temecula, California, to which you were elected on November 7, 1989. Please note that the oath must be subscribed and sworn to before an authorized official before entering upon the duties of office. Take the white copy with you to the swearing -in ceremony being held December 1. The oath must be taken on the white copy only and filed with the Registrar of Voters as soon as possible. They will be forwarded to the City Clerk as soon as one is established. The blue copy is for your personal files. If you have any questions, please call Pauline Chamberlin at 787-4032. Sincerely, FRANK K. JOHNSON Registrar of Voters i" Pauline Chamberlin Elections Calendar Clerk Enclosures: Certificate of Election CERTIFICATE OF ELECTION State of California County of Riverside 33' I, FRANK K. JOHNSON, Registrar of Voters in and for the County of Riverside, State of California, do hereby certify that at an election held in Riverside County on RON PARKS office of Member of the City Council, City of Temecula for a term commencing December 1 November 7 , 19 89 , was elected to the , 19 89 , and ending April 19 , 19 94 , as appears by the official returns of said election, and the statement of votes cast now on file in my office. COPY State of California County of Riverside ss' IN WITNESS WHEREOF, I have hereunto affixed my hand and seal on November 17 '19 89 FRANK K. JOHNSON, Registrar of Voters By Deputy fE fE fE fE �E fE fE fE 'lE �E OATH OF OFFICE (Required by Article XX, Const. of Calif.) I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that 1 will well and faithfully discharge the duties upon which I am about to enter. Subscribed and sworn to before me Signature , 19 Address City Signature of Authorized Official Title FILE THIS OATH OF OFFICE WITH THE REGISTRAR OF VOTERS PROMPTLY For, 120/86 (Revised 6/17/es) CONT: OUR NEW IDENTITY, THEIR DREAMS WILL CARRY ON. WE ALL KNOW THIS HERE'S i iLU TEMECULA, THE WORLD KNOWS THIS HERE'S i LLD TEMECULA, WHERE DREAMS COME TRUE, THIS HERE'S TEMECULA, BY GOD, IT'S OUR HOME TOWN. REPEAT LAST VERSE AND CHDRUS SO-T THEN---LOUDER-N-HELL IN_THE BEAUTY OF THE VALLEY WHERE THE MIST COMES FROM THE SEA, tl)E WELCOME ALL TO LIVE WITH US IN PEACE AND HARMONY, THE GHOSTS ,OF THOSE WHO'VE_ PASSED THIS WAY, OUR NEW IDENTITY. THEIR DREAMS WILL CARRY ON. WE ALL f;NOW THIS HERE'S i �LI:' TEMECULA, THE WORLD k;NOWS THIS HERE'S i �L D TEMECULA, WHERE DREAMS COME TRUE, THIS HERE'S TEMECULA, BY GOD, IT'S OUR HOME TOWN. [THE END] elh/AGD85150 TEMECULA CITY COUNCIL AGENDA December 1, 1989 7:00 p.m. Temecula Community Center 28816 Pujol Street Temecula, CA 92390 1. CALL TO ORDER - County Supervisor Kay Ceniceros 2. INVOCATION - Reverend Steve Struikman, Pastor, Rancho Community Church 3. PRESENTATION OF COLORS - Boy Scout Troop No. 4. PLEDGE OF ALLEGIANCE TO FLAG - Jimmy Moore, Chairman, City Committee NATIONAL ANTHEM - Sung by Kevin Walsh, accompanied by Margaret Bird 5. ADMINISTRATION OF OATHS OF OFFICE TO COUNCILMEMBERS Municipal Court Judge Arjuna (Vic) Saraydarian 6. ELECTION OF MAYOR At this time the Temporary Chair, Supervisor Ceniceros, will entertain motions from the City Councilmembers to select the Mayor to preside until the end of calendar year 1990. After the Mayor has been elected by majority vote of the City Council, the Temporary Chair will relinquish the chairmanship to the Mayor. 7. ELECTION OF MAYOR PRO TEMPORE At this time the Mayor will entertain motions from the City Councilmembers to select the Mayor Pro Tempore who will assume the duties of the Mayor in the Mayor's absence and will hold this office until the end of calendar year 1990. 8. REMARKS AND INTRODUCTIONS BY MAYOR AND COUNCILMEMBERS 9. SPECIAL PRESENTATIONS Frank K. Johnson, Riverside County Registrar of Voters RECESS elh/AGD85150 CALL TO ORDER - Mayor BUSINESS MEETING 10. ORAL COMMUNICATIONS (Total Time: 15 minutes) This is the time for oral comments by any person wishing to address the City Council on any matter within its jurisdiction, whether or not on the agenda. The time for such comments is limited to 2 minutes per speaker and 15 overall. When the item spoken to is not on the agenda, the Council is not able to take action but may be referred to City staff for placement on a future agenda. 11. Resolution 89-1: Appointment of City Clerk 12. Resolution 89-2: Appointment of Interim City Manager 13. Resolution 89-3: Appointment of City Treasurer 14. Resolution 89-4: Appointment of City Attorney 15. Resolution 89-5: Requesting that the County of Riverside to Continue to Provide Various Services Through June 30, 1989 16. Ordinance No. 89-1: Adopting By Reference the Riverside County Code as City Ordinances for 120 Days 17. Ordinance No. 89-2: Setting the Date, Time and Location of City Council Meetings and Other Operating Procedures for the Council 18. Ordinance No. 89-3: Establishing the Office of City Manager 19. Ordinance No. 89-4: Appointing the City Council as the Planning Agency 20. Ordinance No. 89-5: Imposing a Sales & Use Tax to be Administered by the State Board of Equalization and Providing Penalties for Violations 21. Ordinance No. 89-6: Establishing a Special Gas Tax Street Improvement Fund 22. Ordinance No. 89-7: Transferring Assessment and Tax Collection Duties to the Riverside County Assessor -2- elh/AGD85150 23. Ordinance No. 89-8: Adopting a Documentary Transfer Tax 24. Ordinance No. 89-9: Setting the Location of City Council Meetings 25. Ordinance No. 89-10: Changing the Municipal Election Date to the Same Date as the Statewide General Election CONSENT CALENDAR The following Resolutions may be adopted by single motion. 26. Resolution 89-6: Designating Locations for Posting Ordinances and Resolutions 27. Resolution 89-7: Establishing a Mailing Address 28. Resolution 89-8: Adopting a Form of City Seal 29. Resolution 89-9: Authorizing Filing Documents with State and County Offices and Officers 30. Resolution 89-10: Requesting the Highway Patrol to Continue to Provide Traffic Enforcement within the City 31. Resolution 89-11: Authorizing the Mayor to Execute an Agreement with the California State Board of Equalization Providing for State Administration of Local Sales & Use Taxes 32. Resolution 89-12: A Resolution of the City of Temecula Authorizing the Mayor and City Clerk to Prepare, Execute & File the Boundary Creation Statement and ordering Utilization of the County Assessment Roll 33. Resolution 89-13: Authorizing the City Manager to Purchase Insurance 34. Motion Approving Letter to President of United States Pledging Support in the War on Drugs 35. ADJOURNMENT to meeting of the Temecula Community Services District This City Council is adjourned to Tuesday, December 12, 1989, at 7:00 p.m. at 28816 Pujol Street, Temecula -3- elh/AGD85150 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA December 1, 1989 7:00 p.m. Temecula Community Center 28816 Pujol Street Temecula, California 92390 1. Call to Order by Mayor 2. Oath to Office as Community Services District members 3. Election of President and Vice -President of Community Services District 4. Resolution No. CSD-89-1 Requesting the County of Riverside to Continue Providing Extended Services formerly provided by its County Service Areas Through June 30, 1989 5. Resolution No. CSD 8-2 providing for the time and place of its meetings 6. Adjournment elh/AGD85150 TEMECULA CITY COUNCIL AGENDA December 1, 1989 7:00 p.m. Temecula Community Center 28816 Pujol Street Temecula, CA 92390 1. CALL TO ORDER - County Supervisor Kay Ceniceros 2. INVOCATION - Reverend Steve Struikman, Pastor, Rancho Community Church 3. PRESENTATION OF COLORS - Boy Scout Troop No. 35'4- 4. PLEDGE OF ALLEGIANCE TO FLAG - Jimmy Moore, Chairman, City Committee NATIONAL ANTHEM - Sung by Kevin Walsh, accompanied by Margaret Bird 5. ADMINISTRATION OF OATHS OF OFFICE TO COUNCILMEMBERS - Municipal Court Judge Arjuna (Vic) Saraydarian 6. ELECTION OF MAYOR At this time the Temporary Chair, Supervisor Ceniceros, will entertain motions from the City Councilmembers to select the Mayor to preside until the end of calendar year 1990. After the Mayor has been elected by majority vote of the City Council, the Temporary Chair will relinquish the chairmanship to the Mayor. 7. ELECTION OF MAYOR PRO TEMPORE At this time the Mayor will entertain motions from the City Councilmembers to select the Mayor Pro Tempore who will assume the duties of the Mayor in the Mayor's absence and will hold this office until the end of calendar year 1990. 8. REMARKS AND INTRODUCTIONS BY MAYOR AND COUNCILMEMBERS 9. SPECIAL PRESENTATIONS F-r,azrk n-.--J-ohrr&", Riverside County Registrar of Voters i , �Pr[.. •;rr?! ;. STY:,:= J ;.w _ ,..� ,;i�r:::-13r2C,G}o,, RECESS elh/AGD85150 CALL TO ORDER - Mayor BUSINESS MEETING 10. ORAL COMMUNICATIONS (Total Time: 15 minutes) This is the time for oral comments by any person wishing to address the City Council on any matter within its jurisdiction, whether or not on the agenda. The time for such comments is limited to 2 minutes per speaker and 15 overall. When the item spoken to is not on the agenda, the Council is not able to take action but may be referred to City staff for placement on a future agenda. 11. Resolution 89-1: Appointment of City Clerk 12. Resolution 89-2: Appointment of Interim City Manager 13. Resolution 89-3: Appointment of City Treasurer 14. Resolution 89-4: Appointment of City Attorney 15. Resolution 89-5: Requesting that the County of Riverside to Continue to Provide Various Services Through June 30, 1 ( Flo 16. Ordinance No. 89-1: Adopting By Reference the Riverside County Code as City Ordinances for 120 Days 17. Ordinance No. 89-2: Setting the Date, Time and Location of City Council Meetings and Other Operating Procedures for the Council 18. Ordinance No. 89-3: Establishing the Office of City Manager 19. Ordinance No. 89-4: Appointing the City Council as the Planning Agency 20. Ordinance No. 89-5: Imposing a Sales & Use Tax to be Administered by the State Board of Equalization and Providing Penalties for Violations 21. Ordinance No. 89-6: Establishing a Special Gas Tax Street Improvement Fund 22. Ordinance No. 89-7: Transferring Assessment and Tax Collection Duties to the Riverside County Assessor -2- elh/AGD85150 Ordinance No. 89-8: Adopting a Documentary Transfer Tax 24. Ordinance No. 89-9: Setting the Location of City Council Meetings 25. Ordinance No. 89-10: Changing the Municipal Election Date to the Same Date as the Statewide General Election CONSENT CALENDAR The following Resolutions may be adopted by single motion. 26. Resolution 89-6: Designating Locations for Posting Ordinances and Resolutions 27. Resolution 89-7: Establishing a Mailing Address 28. Resolution 89-8: Adopting a Form of City Seal 29. Resolution 89-9: Authorizing Filing Documents with State and County Offices and Officers 30. Resolution 89-10: Requesting the Highway Patrol to Continue to Provide Traffic Enforcement within the City 31. Resolution 89-11: Authorizing the Mayor to Execute an Agreement with the California State Board of Equalization Providing for State Administration of Local Sales & Use Taxes 32. Resolution 89-12: A Resolution of the City of Temecula Authorizing the Mayor and City Clerk to Prepare, Execute & File the Boundary Creation Statement and ordering Utilization of the County Assessment Roll 33. Resolution 89-13: Authorizing the City Manager to Purchase Insurance 34. Motion Approving Letter to President of United States Pledging Support in the War on Drugs 35. ADJOURNMENT to meeting of the Temecula Community Services District This City Council is adjourned to Tuesday, December 12, 1989, at 7:00 p.m. at 28816 Pujol Street, Temecula -3- elh/AGD85150 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA December 1, 1989 7:00 p.m. Temecula Community Center 28816 Pujol Street Temecula, California 92390 1. Call to Order by Mayor 2. Oath to Office as Community Services District members 3. Election of President and Vice -President of Community Services District 4. Resolution No. CSD-89-1 Requesting the County of Riverside to Continue Providing Extended Services formerly provided by its County Service Areas Through June 30, 1989 5. Resolution No. CSD 8-2 providing for the time and place of its meetings 6. Adjournment RESOLUTION NO. 89-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPOINTING THE CITY CLERK WHEREAS, the City of Temecula, California was incorporated on December 1, 1989, as a general law city of the State of California; and WHEREAS, it is necessary that a City Clerk be appointed immediately in order that the affairs of the City may be properly administered; and WHEREAS, it is the intention of the City Council of Temecula to appoint Frank Aleshire as City Clerk of the City of Temecula. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Frank Aleshire is hereby appointed City Clerk of the City of Temecula. ADOPTED AND APPROVED this day of December, 1989. Mayor ATTEST: City Clerk ELH/INC84621 RESOLUTION NO. 89-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPOINTING AN INTERIM CITY MANAGER WHEREAS, the City of Temecula was incorporated on December 1, 1989 as a general law city of the State of California; and WHEREAS, the City by ordinance has adopted a Council/Manager form of government. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Frank Alshire is appointed to the position of Interim City Manager ten—ire-1�r3wrg-t�rms-arrd APPROVED AND ADOPTED this day of 1989. Mayor ATTEST: City Clerk ELH/INC84621 /01 RESOLUTION NO. 89-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPOINTING A CITY TREASURER WHEREAS, the City of Temecula was incorporated on December 1, 1989, as a general law city of the State of California; and WHEREAS, it is necessary that a City Treasurer be appointed immediately in order that the affairs of the City may be properly administered; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: Section 1. Frank Aleshire is hereby appointed City Treasurer of the City of Temecula to serve at the pleasure of the City Council. Section 2. The Acting City Treasurer will furnish a corporate surety bond to be approved by the City Council in such amount as be determined by the said City Council, and it shall be conditioned upon the satisfactory performance of the duties imposed upon the City Treasurer as herein prescribed. Any premium for such bond shall be a proper charge against the City of Temecula. APPROVED AND ADOPTED this _ day of 1989. Mayor ATTEST: City Clerk ELH/INC84621 RESOLUTION NO. 89-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPOINTING THE CITY ATTORNEY AND ASSISTANT CITY ATTORNEYS WHEREAS, the City of Temecula was incorporated on December 1, 1989, as a general law city of the State of California; and WHEREAS, it is necessary for the efficient operation of the affairs of the City that the City Council appoint a City Attorney. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The firm of Burke, Williams & Sorensen is hereby appointed as City Attorney. JERRY M. PATTERSON, SCOTT F. FIELD and ELIZABETH L. HANNA, are hereby designated as City Attorney representatives. The City Attorney shall serve at the pleasure of the City Council, but shall be given no less than sixty (60) days written notice of termination. Section 2. Reasonable compensation for legal services and expenses shall be paid to Burke, Williams & Sorensen. Compensation rates shall be establshed by the City Council, and may from time to time be adjusted by Minute Order of the City Council. Section 3. The City Clerk shall certify the adoption of this Resolution. APPROVED AND ADOPTED this day of , 1989. Mayor ATTEST: City Clerk ELH/INC84621 14 RESOLUTION NO. 89-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING CONTINUATION OF SERVICES BY THE COUNTY OF RIVERSIDE WHEREAS, the City of Temecula was incorporated on December 1, 1989, as a general law city of the State of California; and WHEREAS, Section 57384 of the Government Code of the State of California provides for the continuation of services by the County to the area of the County which is now the City of Temecula. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA RESOLVES AS FOLLOWS: Section 1. The Board of Supervisors of the County of Riverside is hereby requested to continue to furnish to the City of Temecula services furnished prior to incorporation to the area of the County which is now the City of Temecula. It is further requested that said services be furnished for the remainder of the current fiscal year or until the City Council requests discontinuance of a service or services, whichever first occurs. Section 2. The City Manager is directed to deliver a copy of this Resolution to the Clerk of the Board of Supervisors of Riverside County. 1989. APPROVED AND ADOPTED this day of Mayor ATTEST: City Clerk ELH/INC84621 AMR I HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of at a regular meeting thereof, held on the day of , 19 , by the following vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS CITY CLERK APPROVED AS TO FORM AND CONTENT: CITY ATTORNEY ELH/INC84621 was ORDINANCE NO. 89-1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADOPTING THE RIVERSIDE COUNTY CODE AND OTHER RELEVANT NON -CODIFIED RIVERSIDE COUNTY ORDINANCES AS CITY ORDINANCES FOR A PERIOD OF ONE HUNDRED TWENTY DAYS AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Pursuant to the Provisions of Section 57376 of the Government Code of the State of California, all ordinances of the County of Riverside, codified in the Riverside County Code, and all other ordinances of the County of Riverside, theretofore applicable and those accompanying resolutions necessary to carry out such ordinances, which ordinances set out the reasonable cost of services to be provided, are hereby adopted as ordinances of the City of Temecula and shall remain in full force and effect as City Ordinances for a period of one hundred twenty (120) days (March 31, 1990) from the effective date of this ordinance, or until the City Council enacts ordinances superseding them, whichever shall first in time occur. Section 2. The following amendments are made to the County of Riverside Ordinances referenced herein: (a) Whenever "Board of Supervisors" or "Board" is used in the Ordinance, it means the Temecula City Council. (b) Whenever "County" is used in the Ordinances, it means the geographical limits of the City of Temecula unless a different geographical area is clearly indicated by the context. (c) Whenever "County", "County of Riverside" or "unincorporated Territory of the County of Riverside" is used, it means the City of Temecula. Section 3. No City Ordinance enacted within one hundred twenty (120) days from the effective date of this ordinance shall be deemed to supersede any County Ordinance referenced herein unless the City Ordinance specifically refers thereto and states an intention to supersede it. ELH/INC84621 Section 4. This Ordinance is required by the provisions of Section 57376 of the Government Code of the State of California upon incorporation of a new city. This Ordinance is therefore necessary for the protection of the public health, welfare, and general safety and shall take effect immediately upon its adoption as an urgency ordinance. PASSED, APPROVED AND ADOPTED this _ day of , 1989. Ayes: Noes: Absent: ATTEST: City Clerk ELH/INC84621 Mayor STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF TEMECULA ) I, , City Clerk of the City of do hereby certify that the foregoing Ordinance No. was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 19 That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 19 , by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY ELH/INC84621 ORDINANCE NO. 89-2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, SETTING THE DATE, TIME AND LOCATION OF CITY COUNCIL MEETINGS AND OTHER OPERATING PROCEDURES AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula finds that there is a need to adopt operating procedures. Section 2. Election and Tenure. The electors of the City of Temecula shall elect Councilmembers at the general municipal election held every two years on the date of the statewide general election. Section 3. Presiding Officer. A. City Council shall meet on the Tuesday after the general municipal election and choose one of its members as Mayor and one of its members as Mayor Pro Tempore. (Gov. Code Section 36801.) B. The Mayor, and the Mayor Pro Tempore, shall serve a term of one year, or until a successor for each position is chosen. Three affirmative votes shall be required to choose or change the Mayor or Mayor Pro Tempore. C. In addition to the powers and duties of a Councilmember, the Mayor, or in the Mayor's absence, the Mayor Pro Tempore, shall be the presiding officer of the City Council. (Gov. Code Section 36802.) Section 4. Compensation. A. Each Councilmember shall be entitled to a salary in the amount of $300.00 per month. (Gov Code Section 36516.) B. Upon the submission of an itemized account, any Councilmember may be reimbursed for the actual and necessary expenses incurred in the performance of official duty. (Gov. Code Section 36514.5.) ELH/INC84621 7 Section 5. Meetings. A. Regular meetings of the City Council shall be held on the second and fourth Tuesday of each month. Regular meetings shall commence at 7:00 p.m. and adjourn at 10:00 p.m., subject to an adopted motion to extend the meeting. Regular meetings shall be conducted at the Temecula Community Center, 28816 Pujol Street. If a regular meeting falls on a holiday, the regular meeting shall be held on the next business day. (Gov. Code Section 36808.) B. The City Council may, by resolution, designate another date, time and location for a meeting. Section 6. Rules of Procedure. The City Council may, from time to time, adopt by resolution, rules of procedure for the conduct of meetings. These resolutions shall be compiled and maintained by the City Clerk and made available to the public and to the City Council during every meeting. (Gov. Code Section 36813.) Section 7. Orderly Conduct. A. All persons shall comply with the meeting procedures announced by resolution of the City Council and no person shall interfere with or interrupt a City Council meeting. B. The presiding officer may designate a member of the County Sheriff's Department as Sergeant at Arms who shall carry out the directions of the presiding officer to include making arrests as directed by the presiding officer. Any person who fails to comply with a direction given by the presiding officer may be removed. Section 8. The City of Temecula has, on this date, become incorporated and there are no local laws or ordinances to guide the operation of the City in its task of protecting the public peace, health and safety of its citizens. Therefore, the City Council finds and determines that the adoption of this Ordinance as an Urgency Ordinance is necessary for the immediate preservation of the public peace, health and safety. Section 9. This Ordinance shall take effect immediately upon its adoption. The City Clerk shall certify to the adoption of this Ordinance and cause it to be posted in the three designated posting places. ELH/INC84621 PASSED, APPROVED AND ADOPTED this day of December, 1989 by the following vote, to wit: AYES: NAYS: ABSENT: ATTEST: City Clerk ELH/INC84621 Mayor STATE OF CALIFORNIA } COUNTY OF RIVERSIDE } ss. CITY OF TEMECULA } I, , City Clerk of the City of do hereby certify that the foregoing Ordinance No. was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 19 That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 19 , by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY ELH/INC84621 ORDINANCE NO. 89-3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA ESTABLISHING THE OFFICE OF CITY MANAGER AND DESCRIBING THE DUTIES THEREOF AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Office of City Manager Created. A. The office of City Manager is hereby created and established. B. The City Manager shall be the administrative head of the municipal government under the direction and control of the City Council and shall exercise those general powers necessary for the efficient administration of the city as well as those powers set forth in this Chapter. C. The City Council and its members shall deal with the administration of the City only through the City manager. Except for purposes of inquiry, neither the City Council nor a member of the City Council shall give orders to the subordinates of the City manager. Section 2. Appointment. A. The City Manager shall be appointed by the City Council wholly on the basis of the City Manager's executive and administrative qualifications and ability. B. The residence of the City Manager shall be located so as to allow for the effective and timely performance of the duties and responsibilities of the position. C. No person elected or appointed as a Council member of the City shall, subsequent to such election or appointment, be eligible for appointment for City Manager until one year has elapsed since such person has held the position of City Council member. D. The City Manager may appoint a City officer or employee to serve as temporary City Manager. If required, failing such an appointment, the City Council may designate a temporary City Manager. ELH/INC84621 Section 3. Removal. The City manager shall hold the office at the pleasure of the City Council. Section 4. Full Time Position. The City Manager shall expend full time on the performance of the duties enumerated herein and shall not take an additional employment without the consent of the City Council. Section 5. Compensation. A. The City Manager shall receive such compensation and expense allowances as the City Council shall, from time to time determine and fix by resolution. B. The City Manager shall be reimbursed for all sums necessarily incurred or paid by the City Manager in the performance of the City Manager's duties to include travel on City business. Section 6. Bond. The City Manager shall furnish a corporate surety bond in the amount of $100,000 from a surety approved by the City Council for the faithful performance of the duties imposed upon the City Manager. The premium for such bonds shall be a proper charge against the City. Section 7. Duties, Responsibilities and Authority. The duties, responsibilities and authority of the City Manager shall be, without limitation: A. To enforce all laws and ordinances of the City; B. To enforce all franchises, permits and privileges granted by the City; C. To appoint, remove, promote and demote all department heads serving at the pleasure of the City Manager; D. To control, order and give directions to all department heads; E. To attend all meetings of the City Council, unless excused therefrom; F. To attend commission meetings upon the City Manager's own volition or upon the direction of the City ELH/INC84621 Council and to provide necessary secretarial and technical staff to carry out functions of City Commissions, boards and committees. G. To recommend to the City Council the adoption of such measures and ordinances as the City Manager deems necessary; H. To keep the City Council fully advised at all times as to the financial conditions and needs of the City and to furnish financial reports to the City Council; I. To control the purchase of all supplies for all departments or divisions of the City to include submitting or recommending expenditures to the City Council; J. To prepare and submit a proposed annual budget and a proposed salary plan to the City Council each year; K. To investigate into the affairs of the City and any department or division thereof, and into the proper performance of any contract or other obligation pertaining to the city; L. To investigate all complaints in relation to matters concerning the administration of the City to include services maintained by public utilities in the City; M. To supervise the use of all public buildings, public parks, and all other public property which are under the control and jurisdiction of the City and to perform such other duties and exercise such other powers and authority as may be delegated to the City Manager from time to time by action of the City Council. Section 8. The City of Temecula has, on this date, become incorporated and there are no local laws or ordinances to guide the operation of the City in its task of protecting the public peace, health and safety of its citizens. Therefore, the City Council finds and determines that the adoption of this Ordinance as a urgency ordinance is necessary for the immediate preservation of the public peace, health and safety. Section 9. This Ordinance shall take effect immediately after its adoption. The City Clerk shall certify to the adoption of this Ordinance and cause it to be posted in the three designated posting places. ELH/INC84621 PASSED, APPROVED AND ADOPTED this day of December, 1989 by the following vote, to wit: AYES: NAYS: ABSENT: Mayor ATTEST: City Clerk ELH/INC84621 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF TEMECULA ) I, , City Clerk of the City of do hereby certify that the foregoing Ordinance No. was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 19 That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 19 , by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY ELH/INC84621 ORDINANCE NO. 89-4 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPOINTING THE CITY COUNCIL AS THE PLANNING AGENCY THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula, California, appoints itself as the Planning Agency of the City of Temecula, pursuant to Govt. Code § 65100. Section 2. The City of Temecula was incorporated on December 1, 1989 and has no Planning Agency. Unless this ordinance becomes effective immediately, there will be no local Planning Agency to administer the zoning and planning laws adopted by the City Council at its organizational meeting. The administration of said laws by a local Planning Agency is necessary to protect the public peace, health and safety. This Ordinance is therefore necessary for the immediate preservation of the public peace, health and safety, and shall take effect immediately. Section 3. This Ordinance shall be effective immediately upon its passage as an Urgency Ordinance, in that the City Council finds and determines that the adoption of this Ordinance as an Urgency Ordinance is necessary for the immediate preservation of the public peace, health and safety because of the previously stated reasons set forth. Section 4. The City Clerk shall certify to the adoption of this Ordinance and cause it to be posted in the three designated posting places. ELH/INC84621 APPROVED AND ADOPTED this day of December, 1989 by the following vote, to wit: AYES: NAYS: ABSENT: Mayor ATTEST: City Cler ELH/INC84621 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF TEMECULA ) I, , City Clerk of the City of do hereby certify that the foregoing Ordinance No. was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 19 That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 19 , by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY ELH/INC84621 ORDINANCE NO. 89-5 AN ORDINANCE IMPOSING A SALES AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION AND PROVIDING PENALTIES FOR VIOLATIONS The City Council of the City o1 T e in e c u i a does ordain as follows: Section 1. SHORT TITLE. This ordinance shall be known as the Uniform Local Sales and Use Tax Ordinance. Section 2. RATE. The rate of sales tax and use tax imposed by this ordinance shall be o n e p e r c e n t ( 1 % ) Section 3. OPERATIVE DATE. This ordinance shall be operative on J a n u a r y 1 , 19 9 0 Section 4. PURPOSE. The City Council hereby declares that this ordinance is adopted to achieve the following, among other, purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes: (a) To adopt a sales and use tax ordinance which complies with the requirements and limitations contained in Part 1.5 of Division 2 of the Revenue and Taxation Code; (b) To adopt a sales and use tax ordinance which incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations con- tained in Part 1.5 of Division 2 of the Revenue and Taxation Code; (c) To adopt a sales and use tax ordinance which imposes a tax and provides a measure therefor that can be ad- ministered and collected by the State Board of Equalization in a manner that,adapts itself as fully as practicable to, and requires the least possible deviation from the existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the California State Sales and Use Taxes; (d) To adopt a sales and use tax ordinance which can be administered in a manner that will, to the degree possible consistent with the provisions of Part 1.5 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting city sales and use taxes and at the same time minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance. Section 5. CONTRACT WITH STATE. Prior to the operative date this city shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of this sales and use tax ordinance; provided. that if this city shall not have contracted with the State Board of Equalization prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract rather than the first day of the first calendar quarter following the adoption of this ordinance. Section 6. SALES TAX. For the privilege of selling tangible personal property at retail a tax is hereby imposed upon all retailers in the city at the rate stated in Section 2 of the gross receipts of the retailer from the sale of all tangible personal property sold at retail in this city on and after the operative date. Section 7. PLACE OF SALE. For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out -of -State destination or to a common carrier for delivery to an out -of -State destination. The gross receipts from such sales shall include delivery charges. when such charges are subject to the State sales and use tax, regardless of the place to which delivery is made. In the event ;etailer has no permanent place of business in the State or has'more than one place of business, the place or places at which ..e retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the Slate Board of Equalization. 13 Section 8. USE TAX. An excise tax is hereby imposed on the storage, use or other consumption in this city of tangible irsonal property purchased from any retailer on and after the operative date for storage, use or other consumption in this city at the rate stated in Section 2 of the sales price of the property. The sales price shall include delivery charges when such charges are subject to State sales or use tax regardless of the place to which delivery is made. Section 9. ADOPTION OF PROVISIONS OF STATE LAW. Except as otherwise provided in this ordinance and except in- sofar as they are inconsistent with the provisions of Part 1.5 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein. Section 10. LIMITATIONS ON ADOPTION OF STATE LAW. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. The substitution, however, shall not be made when the word "State" is used as part of the title of the State Controller, the State Treasurer, the State Board of Control, the State Board of Equalization, the State Treasury, or the Constitution of the State of California; the substitution shall not be made when the result of that substitution would require action to be taken by or against the City, or any agency thereof rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of this ordinance; the substitution shall not be made in those sections, including, but not necessarily limited to, sections referring to the exterior boundaries of the State of California, where the result of the substitu- tion would be to provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or to impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the State under the said provisions of that Code; the substitution shall not be made in Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code; and the substitution shall not be made for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 or in the definition of that phrase in Section 6203. Section 11. PERMIT NOT REOUIRED. If a seller's permit has been issued to a,retailer under Section 6067 of the Revenue and Taxation Code, an additional seller's permit shall not be required by this ordinance. Section 12. EXCLUSIONS AND EXEMPTIONS. (a) The amount subject to tax shall not include any sales or use tax imposed by the State of California upon a retailer or consumer. (b) The storage, use; or other consumption of tangible personal property, the gross receipts from the sale of which have been subject to tax under a sales and use tax ordinance enacted in accordance with Part 1.5 of Division 2 of the Revenue and Taxation Code by any city and county, county, or city in this State shall be exempt from the tax due under this ordinance. (c) There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of tangible personal property to operators of aircraft to be used or consumed principally outside the city in which the sale is Made and directly -and exclusi_v-ely in the use ot_suxb_ai-rr.caf -as common carriersoLpeersons_QLprnpecty-under_theauthon-ty -- ------ of the laws of this state, the United States, or any foreign government. (d) In addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code the storage, use, or other consumption of tangible personal property purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensa- tion under a certificate of public convenience and necessity issued pursuant to the laws of this state, the United States, or any foreign government is exempted from the use tax. Section 13. AMENDMENTS. All subsequent amendments of Part 1 of Division 2 of the Revenue and Taxation Code which are not inconsistent with Part 1.5 of Division 2 of the Revenue and Taxation Code shall automatically become part of this ordinance. is ordinance also shall be deemed to adopt by reference the provisions of Sections 7202 to 7203, inclusive, of the Revenue d Taxation Code, as now in effect or as later amended, which are required to be included in this ordinance. 13T527-A REV 3 ("B) 1 4 Section 14. ENJOINING COLLECTION FORBIDDEN. No injunction or writ of mandate or other legal or equitable process All issue in any suit, action or proceeding in any court against the State or this City, or against any officer of the State or this City, to prevent or enjoin the collection under this ordinance, or Part 1.5 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected. Section 15. PENALTIES. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misde- meanor, and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment for a period of not more than six months, or by both such fine and imprisonment. Section 16. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. Section 17. EFFECTIVE DATE. This ordinance relates to taxes for the usual and current expenses of the City and shall take effect immediately. PASSED, APPROVED AND ADOPTED this _ day of December, 1989 by the following vote, to wit: AYES: NAYS: ABSENT: ATTEST: . City Clerk y-- ^^ Mayor of the City of Temecula, California 15 IiT5D,4 REV. 3 (4-88) ORDINANCE NO. 89-6 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA ESTABLISHING A SPECIAL GAS TAX STREET IMPROVEMENT FUND THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. In accordance with Street and Highways Code Section 2113 and in order to avail itself of the monies available through Sections 2106 and 2107 thereof, there is hereby created in the City Treasury a special fund to be known as the "Special Gas Tax Street Improvement fund." Section 2. All apportionments of such money shall be deposited into the "Special Gas Tax Street Improvement Fund." Section 3. This Ordinance relates to taxes for the usual and current expenses of the City and will take effect immediately upon its adoption. The city has just been incorporated and has no funds whatsoever to provide for police powers of the City. This Ordinance is therefore an Urgency Ordinance for the immediate preservation of the public peace, health and safety. Section 4. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in the three designated posting places. PASSED, APPROVED AND ADOPTED this day of December, 1989 by the following vote, to wit: AYES: NAYS: ABSENT: Mayor ATTEST: City Cler ELH/INC84621 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF TEMECULA ) I, City Clerk of the City of To hereby certify that the foregoing Ordinance No. was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 19 That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 19 , by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY ELH/INC84621 ORDINANCE NO. 89-7 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA TRANSFERRING ASSESSMENT AND TAX COLLECTION DUTIES TO THE COUNTY OF RIVERSIDE ASSESSOR AND TAX COLLECTOR THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Assessor and Tax Collector. Pursuant to the authority granted by Section 51501 of the Government Code of the State of California, the assessment and tax collection duties performed by the City Assessor and Tax Collector hereby are transfered to the Assessor and Tax Collector of the County of Riverside. Section 2. The City of Temecula has just incorporated and desires that the duties relative to the assessment of property and the collection of real property taxes be performed by the County Assessor and Tax Collector for Riverside County. The City Council determines that the public peace, health, and general welfare require the adoption of this Ordinance as an urgency ordinance, and the same shall take effect immediately upon its adoption. APPROVED AND ADOPTED this day of 1989. Ayes: Noes: Absent: ATTEST: City Clerk ELH/INC84621 Mayor -NI STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF TEMECULA ) I, , City Clerk of the City of do hereby certify that the foregoing Ordinance No. was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 19 That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 19 , by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY ELH/INC84621 ORDINANCE NO. 89-8 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA ADOPTING A DOCUMENTARY TRANSFER TAX THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby adopts any documentary transfer tax imposed by the County of Riverside. Section 2. Taxable Event. A. In accordance with the provisions of the Documentary Transfer Tax Act, Revenue and Taxation Code Section 11901 et seg, there is hereby imposed a documentary transfer tax on each deed, instrument or writing by which any lands, tenements or other realty sold within the City shall be granted, assigned, transferred or otherwise conveyed to or vested in the purchaser or purchasers, or any other person or persons, by his or their direction, when the consideration or value of the interest or property conveyed (exclusive of the value of any lien or encumbrance remaining thereon at the time of sale) exceeds $100.00. B. The tax shall be imposed at the rate of 27 1/2 cents for each $500.00 or fractional part thereof of the consideration or value of the interest or property conveyed. C. The tax shall be paid by any person who makes, signs or issues any document or instrument subject to the tax or for whose use or benefit is made, signed or issued. Section 3. Exemptions. Exemptions from this tax are those set forth in Division 2, Part 6.7, Chapter 3 of the Revenue and Taxation Code commencing at Section 11 921. Section 4. Administration. This Chapter shall be administered in accordance with the provisions of Division 2, Part 6.7, Chapter 4 of the Revenue and Taxation Code commencing at Section 11931. Section 4. Clams for Refund. Claims for refund of taxes imposed pursuant to this Chapter shall be governed by the provisions of Chapter 5 (commencing with Section 5096) or Part 9 of Division 1 of the Revenue and Taxation Code. ELH/INC84621 a3 Section 5. This Ordinance shall become operative upon the operative date of any ordinance adopted by the County of Riverside, pursuant to Part 6.7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code, or upon the effective date of this Ordinance, whichever is the later. Section 6. Upon its adoption, the City Clerk shall file two copies of this Ordinance with the County Recorder of Riverside County. Section 7. This Ordinance relates to taxes for the usual and current expenses of the City and will take effect immediately upon its adoption. The city has just been incorporated and has no funds whatsoever to provide for police powers of the City. This Ordinance is therefore an Urgency Ordinance for the immediate preservation of the public peace, health and safety. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in the three designated posting places. APPROVED AND ADOPTED this day of December, 1989 by the following vote, to wit: AYES: NAYS: ABSENT: ATTEST: City Clerk ELH/INC84621 Mayor STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF TEMECULA ) I► , City Clerk of the City of ► do hereby certify that the foregoing Ordinance No. was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 19 That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of 19 by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY ELH/INC84621 ORDINANCE NO. 89-9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, RELATIVE TO THE LOCATION OF REGULAR MEETINGS OF THE CITY COUNCIL OF THE CITY OF TEMECULA AND PROVIDING FOR ITS ADOPTION AS AN URGENCY ORDINANCE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Regular meetings of the City Council of the City of Temecula shall be held at 28816 Pujol Street, in the City of Temecula, and until further notice this shall be the regular meeting place of the City Council of Temecula. Section 2. In order to provide for a regular meeting place of the City Council of the City of Temecula at the earliest possible date, the City Council determines that is is necessary that this ordinance be adotped as an urgency ordinance for the public health, safety and welfare of the residents of Temecula and that the same shall take effect immediately upon its adoption. 1989. APPROVED AND ADOPTED this — day of If Ayes: Noes: Absent: Mayor ATTEST: City Clerk ELH/INC84621 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF TEMECULA ) I, , City Clerk of the City of do hereby certify that the foregoing Ordinance No. was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 19 That thereafter, said Ordinance was duty adopted and passed at a regular meeting of the City Council on the day of 19 by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK APPROVED AS TO FORM: ITY ATTORNE ELH/INC84621 ORDINANCE NO. 89-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REQUIRING THAT THE GENERAL MUNICIPAL ELECTIONS OF THE TF TEMECULA BE HELD ON THE SAME DAY ASTHESTATEWIDE GENERAL ELECTION THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Findings: The City Council of the City of Temecula finds as follows: t to terms of the ElectionsACode,lrthe ngeneral emunicipal elections ooflthe City of Temecula are to be held on the second Tuesday in April of even-numbere years, with the first such election scheduled for April of 1-990; B. Pursuant to the terms of Government Code Section 36503.5, cities are authorized to change the date of general municipal elections to coincide with the election dates of the statewide direct primary, the statewide general election or the day of school district elections; C. The maximum voter tern oout lfinds andmiinimizingtcostslwill becoro d ote by changing the general municipal election date of the City from the second Tuesday in April of an even -numbered year to coincide with that of the statewide general election, the first Tuesday after the first Monday of November in each even -numbered year; D. If approved by the Board of Supervisors, this change will not have the effect of extending any term of office by more than twelve months. Section 2. Change in General Munici al Election Date. Commencing with the general municipal election to occur during 199Z general municipal elections of the City of Temecula shall be held on the same day as the statewide general election, the first Tuesday after the first Monday of November in each even -numbered year. ELH/INC84621 ER Section 3. Extension of Terms of Office. A. Those councilmembers of the City of Temecula whose terms of office would have prior to the adoption of this Ordinance, expired following the April, 199A, general municipal election shall, instead, continue in office until no later than the fourth Tuesday after the day of the November, 1991, general municipal election of the City of Temecula. B. Those councilmembers of the City of Temecula whose terms of office would have, prior to the adoption of this Ordinance, expired following the April, 199*, general municipal election shall, instead, continue in office until no later than fourth Tuesday after the day of the November, 1994-, general municipal election of the City of Temecula. Section 4. Effective Date: This Ordinance shall become operative 30 days from the date of its adoption and upon approval by the Board of Supervisors of the County of Riverside. Section 5. The City Clerk is hereby directed to: A. Certify to the adoption of this Ordinance and cause the same to be published as required by law; B. Transmit a copy of this Ordinance to the Clerk of the Board of Supervisors of the County of Riverside, together with the request that said Board approve this Ordinance and provide the City with notice of such approval; and C. Within thirty (30) days after approval of this Ordinance by the board of Supervisors of, the County of Riverside, cause a notice to be mailed t:o all registered voters in the City of Temecula informing them of the change in the general municipal election date and councilmember terms afffected by this Ordinance, which notice shall be in accord with the requirements specified in California Elections Code Section 36503.5(e). ELH/INC84621 PASSED, APPROVED and ADOPTED this day of 1989. Mayor ATTEST ----------------------- City Clerk ELH/INC84621 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF TEMECULA ) I, , City Clerk of the City of , do hereby certify that the foregoing Ordinance No. was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 19 That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of 19 , by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY ELH/INC84621 RESOLUTION NO. 89-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESIGNATING LOCATIONS FOR POSTING OF ORDINANCES AND/OR RESOLUTIONS REQUIRED BY LAW TO BE PUBLISHED OR POSTED THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: Section 1. All Ordinances and all Resolutions required by law to be published or posted shall be posted in at least three (3) public places within the City of Temecula in accordance with the provisions of Section 36933, Government Code. Section 2. All Ordinances and Resolutions shall be posted for public inspection at: County Library, Rancho California Branch, 27533A Ynez Road; U.S. Post Office, 28360 Front Street; Temecula Valley Chamber of Commerce, 40945 County Center Drive; Temecula Community Center, 28816 Pujol Street. Section 3. During its first year of operation, ordinances may be posted as set out herein, rather than published. APPROVED AND ADOPTED this day of 1989. Mayor ATTEST: City Clerk ELH/INC84621 RESOLUTION NO. 89-7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING AN ADDRESS FOR THE RECEIPT OF THE UNITED STATES MAIL WHEREAS, it is necessary for the City of Temecula to establish an address for the receipt of the United States mail; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA RESOLVES THAT: The mailing address of the City of Temecula shall be P. O. Box 3000, Temecula, CA 92390. APPROVED AND ADOPTED this _ day of 1989. Mayor ATTEST: City Cler ELH/INC84621 11 RESOLUTION NO. 89-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE FORM OF THE CITY SEAL WHEREAS, the City of Temecula was incorporated on December 1, 1989, as a general law city of the State of California; and WHEREAS, the City by law is entitled to adopt a City seal; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City Seal of the City of Temecula shall be in the form of two concentric circles separated by a narrow black border. Contained within the outer circle are the words "City of Temecula, California" at the top and "Incorporated 1989" at the bottom. The inner circle shall be blank. APPROVED AND ADOPTED this day of 1989. Mayor ATTEST: City Clerk ELH/INC84621 RESOLUTION NO. 89-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA AUTHORIZING FILING OF DOCUMENTS WITH STATE AND COUNTY OFFICES AND OFFICERS THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA DOES RESOLVE AS FOLLOWS: Section 1. The Mayor of the City of Temecula, California, the City Clerk and the City Attorney are each appointed the authorized agent of the City of Temecula, California for the filing with such offices and officers of the State of California and of the County of Riverside of certified copies of ordinances and resolutions and such other documents as may be required for the proper and efficient conduct of City business. ADOPTED AND APPROVED this day of December, 1989. Mayor ATTEST: City Clerk ELH/INC84621 RESOLUTION NO. 89-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA REQUESTING THE CALIFORNIA HIGHWAY PATROL TO CONTINUE TO PROVIDE TRAFFIC ENFORCEMENT WITHIN THE CITY WHEREAS, the City of Temecula, California was incorporated on December 1, 1989, as a general law city of the State of California; and WHEREAS, the consideration and decision on the question of the method of providing local law enforcement and traffic control will require lengthy study and negotiations; NOW, THEREFORE, BE IT RESOLVED THAT: Section 1. The California Highway Patrol is respectfully requested to continue to furnish traffic enforcement within the recently incorporated City of Temecula until June 30, 1990, or until the City Council requests termination of such services, whichever occurs first. ADOPTED AND APPROVED this day of December, 1989. Mayor ATTEST: City Clerk ELH/INC84621 RESOLUTION NO. 89-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA PROVIDING FOR ALL FUNCTIONS INCIDENT TO THE ADMINISTRATION AN❑ OPERATION OF LOCAL SALES AND USE TAXES, AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE STATE BOARD OF EQUALIZATION WITH RESPECT THERETO THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section I. The Mayor of the City of Temecula, California is hereby authorized to execute, for and in behalf of the City of Temecula, an agreement with the State Board of Equalization providing for all functions incident to the administration and operation of the Uniform Local Sales and Use Tax Ordinance of the City of Temecula. A true and correct copy of said agreement is attached hereto, reference to which is hereby made. APPROVED AND ADOPTED this 19 MAYOR ATTEST: CITY CLERK ELH/INC84621 day of City of AGREEMENT FOR STATE ADMINISTRATION OF LOCAL SALES AND USE TAXES 'ro carry out Part 1.5 of Division 2 of the Revenue and Taxation Code and the sales and use tax ordinance of the City hereinabove designated, hereinafter called the City, copy of which ordinance is attached hereto, the City and the State Board of Equalization, hereinafter called the Board, do agree as follows: ARTICLE I DEFINITIONS Unless the context requires otherwise, wherever the following terms appear in thi.� Agreement they shall be interpreted to mean the following: 1. "Local Taxes" shall mean the sales and use taxes, penalties, and interest imposed by the City under an ordinance which complies with Part 1.5, Division 2, of the Revenue and Taxat ion Code. 2. "Conforming Taxing Jurisdiction" shall mean any county, city, or city and county of this State which has adopted a sales and use tax ordinance of the kind described in Part 1.5 of Division 2 of the Revenue and Taxation Code and which has entered into a contract with the State Board of Equalization to perform all functions incident to the administration and operation of the ordinance. 3. "City Ordinance" shall mean the Uniform City Sales and Use Tax Ordinance attached hereto, as amended from time to time. ARTICLE 11 ADMINISTRATION AND COLLECTION OF LOCAL TAXES A. Administration. The Board and the City agree that the Board shall perform ex- clusively all functions incident to the administration and operation of the City ordinance. B. Other applicable laws. The City agrees that all provisions of law applicable to the administration and operation of the State Sales and Use Tax Law shall be applicable to the administration and operation of the City ordinance and that money collected pursuant to the City ordinance may be deposited in the State Treasury to the credit of the Retail Sales Tax Fund and may be drawn from that Fund for the purpose of making refunds, for the purpose of compensating and reimbursing the Board pursuant to Article IV of this Agreement and for the purpose of trans- mitting; to the City the amount to which the City is entitled. C. Transmittal of money. Except as otherwise provided herein, all local taxes collected under the provisions of the City ordinance shall be transmitted to the City periodically a5 promptly as feasible. Such transmittals shall be made at least twice in each calendar quarter. Transmittals may be made by mail or by deposit to the account of the City in a bank in Sacra- mento designated by the City. A statement shall be furnished indicating the amount withheld pursuant to Article IV of this agreement. D. Rules. The Board shall prescribe and adopt such rules and regulations as in its judgnu nt are necessary or desirable for the administration and operation of the City ordinance and the distribution of the local taxes collected thereunder. BT-527 REV. 5 (11.74) E. Preference. Unless the payor instructs otherwise and except as otherwise provided in this Agreement, the Board shall give no preference in applying money received for sales and use taxes owed by a taxpayer but shall apply all monies collected to the satisfaction of the d I.tims of the State and the claims of the City as their interests appear. P. Security. The Board agrees that any security which it hereafter requires to be fur- nished under the State Sales and Use Tax Law will be upon such terms that it also will be available for the payment of the claims of the City for local taxes owing to it as its interest appears. The Board shall not be required to change the terms of any security now held by it and the City shall not participate in any security now held by the Board. G. Names of sellers. The Board agrees to furnish the names, addresses, account num- hers, and the business classification codes of all sellers holding sellers' permits within the C H y. 11. Records of the Board. When requested) by resolution of the City Council of the Cite. the Board shall permit any duly authorized officer or employee of the City to examine the sales and use tax records of the Board pertaining to sales and use taxes collected for the City by the Board pursuant to this Agreement. Information obtained by the City from the examination of the Board's records shall be used by the City only for purposes related to the collection of local sales and use taxes by the Board pursuant to this Agreement. 1. City tax rate. The City agrees that any change in the rate of its conforming local sales and use tax will be made effective at the beginning of a calendar quarter and that it will give the Board at least two months' notice thereof and that it will also give notice to the hoard Of Supervisors of the County in which the City lies. J. Annexation. The City agrees that the Board shall not be required to give effect to an annexation, for the purpose of collecting and distributing city sales and use taxes, earlier than the lirst day of the calendar quarter which commences not less than two months after notice to the Board. The notice shall include two maps of the annexed area together with the address ul rho• property nearest to the extended city boundary on every street crossing that boundary. ARTICLE III ALLOCATION OF TAX A. Deficiency determination. All local taxes collected as a result of determinations or billings made by the Board, and all amounts refunded or credited may be distributed or charged to the respective conforming taxing jurisdictions in the same ratio as the taxpayer's self - declared local tax for the period for which the determination, billing, refund, or credit applies. B. Allocation. When the local tax is collected from or refunded or credited to the following: (1) Retailers having traveling sellers' permits or certificates of authority to collect use tax issued) by the Board; (2) Persons regarded by the Board as retailers pursuant to Section 6015 of the Reve- nue and Taxation Code; (3) Persons for whom no continuing account number was active at the date of pay- ment; or (4) Other retailers or purchasers having no permanent place of business within the State as determined by the Board; B-r-527 REV. 5 111-7C . 2 - or when the local tax is collected by way of deduction from, or when a refund of local tax is made in conjunction with, refunds of motor vehicle fuel license taxes, or when local tax is col- lected and direct allocation is impractical, the Board may distribute or charge such local tax to all conforming taxing jurisdictions in the county in which the sale or use occurred using the ratios reflected by the distribution of taxes collected from all other taxpayers in that county. To the extent that this cannot be done in a manner consistent with the economic and efficient p(;rfornrance of the cluties of the Board under the: Revenue and Taxation Code and the provisions Of this Agreement, the Board may distribute or charge such local tax to all conforming taxing jurisdictions of this State using the ratios reflected by the distribution of taxes collected from all otlter taxpny(-rti in the State. [n mak-ing allocations under this paragraph county tax imposed at a rate in excess of i percent shall be excluded. C. Vehicles, Vessels, and Aircraft. For the purposes of allocating local tax with respect to vehicles required to be registered or identified under the Vehicle Code, and with respect to vessels and aircraft, the address of the registered owner appearing upon the applica- tion for registration or identification may be used by the Board in determining Elie city of use. To the extent this cannot be done in a manner consistent with the economic and efficient perfor- mance of the duties of the Board under the Revenue and Taxation Code and this Agreement. the Board may allocate tax with respect to such vehicles, vessels, and aircraft in the manner pro- vided in Paragraph B of this Article. ARTICLE IV COMPENSATION The City agrees to pay the Board as the Board's cost of administering the City ordi- nances such amount as is provided by law. Such amounts shall be deducted from the taxes collected by the Board for the City. ARTICLE V MISCELLANEOUS PROVISIONS A. Communications. Communications and notices may be sent by first-class United States Mail. A notification is complete when deposited in the mail. Communications and notices to be sent to the Board shall be addressed to: State Board of Equalization P.O. Box 1799 Sacramento, .California 95808 Attention: Executive Secretary Communications and notices to be sent to the City shall be addressed to: BT-527 REV.5 (11-74) 13. Term. The date of this Agreement is the date on which it is approved by the De- partment of General Services. The Agreement shall take effect on the first day of the calendar yuaner next succeeding the date of such approval, but in no case before the operative date of the City ordinance, nor on a day other than the first day of it calendar quarter. This Agreement Shall continue until September 30 next following the operative date of the City ordinance, and shall thereafter be renewed automatically from year to year unless one of the parties gives written notice of termination at least two months before the end of the term. The Board may ter- minate this Agreement in the manner provided by law. STATE BOARD OF EQUALIZATION By Executive Secretary CITY OF By (Signature- on this line) (Type name here) (Type title here) B-T-527 REV. 5 (11-74) - 4 - RESOLUTION NO. 89-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE MAYOR AND CITY CLERK TO PREPARE, EXECUTE AND FILE THE STATEMENT OF BOUNDARY CREATION REQUIRED BY SECTION 54900 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA AND ORDERING THE UTILLIZATON OF THE REGULAR COUNTY ASSESSMENT ROLE WHEREAS, the City Council of the City of Temecula is required to cause to be filed a Statement of Boundary Creation required by Section 54900 of the Government Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: Section 1. The Mayor and City Clerk are authorized to have prepared and to execute the Statement of Boundary Creation of the City of Temecula, California, to file the same with all appropriate State and County officials, and to pay any filing fee therefore as may be required by Section 54902.5 of the Government Code. Section 2. The City of Temecula shall utilize the regular County Assessment role of the County of Riverside, California. APPROVED AND ADOPTED this day of , 1989. Mayor ATTEST: City Clerk ELH/INC84621 RESOLUTION NO. 89-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA AUTHORIZING THE CITY MANAGER TO PURCHASE INSURANCE WHEREAS, the City of Temecula, California was incorporated on December 1, 1989, as a general law city of the State of California; and WHEREAS, it is necessary that the City obtain liability and other insurance coverage. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1: The City Manager is authorized to solicit and obtain proposals for liability insurance coverage in an amount necessary and appropriate for the City's needs and to enter into an agreement to purchase such insurance. PASSED, APPROVED AND ADOPTED this day of , 19 MAYOR ATTEST: CITY CLERK ELH/INC84621 W City of Temecula, California Incorporated December 1, 1989 P.O. Box 3000 December 1, 1989 Temecula, CA 92390 President George Bush The White House Washington D.C., 20500 Dear Mr. President: The newly incorporated city of Temecula would like to join you in the war against illegal drugs. Recognizing that the problem of illegal drug abuse in our society i.s one of gigantic proportions, we support your efforts to erradicate this disease and we pledge to assist you at the local level by committing ourselves to the following: 1. We shall involve our community and harness its talents to fight this problem, to educate our youth, and to counsel potential offenders. 2. We will investigate the feasibility of budgeting specific funds for the fight against drugs. 3. We shall make it known that we intend to be a "Zero Tolerance" city and that drug dealers are not welcome in our community. 4. We shall work with our neighboring cities, other governmental agencies, and the private sector to encourage them to make drug elimination a priority and explore ways of improving and financing such efforts. 5. Most importantly, we shall strive to protect our most important resource, our youth, from this dreaded disease. Page 2 Again Mr. President, the city of Temecula, California, through its elected officials, pledges its support in this battle and shares your hope for a Drug -Free America. Respectfully, Ron Parks, Mayor Karel F. Lindemans, Mayor Pro Tempore J. Sal Munoz Councilman Patricia Birdsall Councilwoman Peg Moore Councilwoman Randi Johl From: Randi Johl Sent: Friday, November 17, 2023 8:41 AM To: Randi Johl Subject: Wilder Hills From: Betsy Lowrey Sent: Tuesday, July 25, 2023 5:59 PM To: Aaron Adams <aaron.adams@temeculaca.gov>; Kevin Hawkins <kevin.hawkins@temeculaca.gov>; Patrick Thomas <Patrick.Thomas@temeculaca.gov>; Luke Watson <luke.watson@temeculaca.gov> Subject: MCC Update Altair Subcommittee. Today staff (CMO/PW/Planning) met with the Altair Subcommittee Mayor Pro Tern Stewart and Council Member Brown to brief Council on the "Wilder Hills" designation of the escarpment area (2013 City Council Reso). A proposed city sign (metal) was placed on hold over several years to eventually be placed along the Western Bypass. In 2016, discussion with former Council and the Wilder family led to placing the sign temporarily at the dead end near the Temecula Valley interchange (see photo below) until the Western Bypass is constructed, and then moving it to be placed at some point along the bypass road. Given construction of the Temecula Parkway Interchange, Ms. Wilder's daughter opted not to place the sign at the temporary location until construction of the Temecula Parkway interchange and landscape was complete. Kim Wilder reached out to City staff to move forward with sign at the temporary sign location until the Western Bypass road is constructed since that will take many more years. Another suggestion was made to possibly place the sign on trails along the escarpmentCouncil Member Brown as Pechanga Council Liaison will add this to discussion with Pechanga to ensure a more permanent sign location naming it "Wilder Hills" is placed at an appropriate location upon construction of Western Bypass. Also, staff will update logo on the proposed metal sign (previously designed in 2016/2017) for future discussions. Altair Subcommittee also discussed status of project, and that the Western Bypass Road will need to be named. The Developer (Brookfield) is deferring to the City to name Western Bypass. Subcommittee will research historical names; including potentially Native given the proximity to creation area, etc. Betsy Lowrey Assistant to the City Manager City of Temecula (951)693-3959 RESOLUTION NO. 13-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA NAMING WILDER HILLS WHEREAS, Barbara Helen Wilder, known to all her friends as Bobbe, moved to Temecula in 1994 and became embroiled in a multi -year environmental and legal battle against San Diego Gas & Electric to prevent giant transmission towers from being constructed throughout the hills and neighborhoods of the City of Temecula; and WHEREAS, Bobbe Wilder, along with other Temecula Valley residents and activists, founded Save Southwest Riverside County (SSRC) where Bobbe served as President raising hundreds of thousands of dollars to hire an environmental law firm which ultimately blocked SDGE's massive power line project proposed through Temecula; and WHEREAS, Bobbe Wilder, soon thereafter, emerged again as Co -Chair on Save Our Southwest Hills (SOS) to battle against a new threat to Temecula, Granite Construction's proposed plan to excavate an enormous 1,000-foot deep, 1-mile long, aggregate mine called Liberty Quarry that would blast daily and allow up to 1,800 truck trips of dirt and gravel to be hauled every day in and out of the mine at the edge of Temecula, within the sacred Creation Area of the Luiseno Indians, overlooking the City, and directly in the daily winds of the Valley below; and WHEREAS, Bobbe Wilder, with SOS, fought aggressively over a seven-year battle alongside the City of Temecula, the Pechanga Band of Luiseno Indians, San Diego State University, other organizations, hundreds of businesses, and thousands of citizens to stop the mining project which abruptly and thankfully ended on November 15, 2012, when the Pechanga Band of Luiseno Indians purchased the land from Granite Construction; and the Pechanga Pu'eska Mountain, along with the City's clean air and high quality of life was saved once again; and WHEREAS, Bobbe Wilder, known by the residents of Temecula for her tireless community efforts and support, passed away less than six months later on May 3, 2013, knowing that her last two decades on earth devoted to the preservation of so much that is special about our city and region, including its scenic views and fresh air, was successful in the end, and that her valiant efforts will benefit many generations to come; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Temecula, to ensure that current and future residents will be able to remember Barbara Helen Wilder (Bobbe), along with the other leaders and members of Save our Southwest Hills, for their ferocious tenacity, absolute commitment, and endless strength in protecting the beauty and high quality of life in Temecula, do hereby proclaim the hills generally located above Old Town, and as symbolically depicted on Exhibit "A" attached hereto, to be forever known as "Wilder Hills". Resos 13-29 1 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of May, 2013. ATTEST: Susan . Jon s, MMC Qtv CI rk [SEAL] Michael S. Naggar, Mayor Resos 13-29 2 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 13-29 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 28th day of May, 2013, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Roberts, Washington, Naggar NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None Susa W. Jones, MMC City Clerk Resos 13-29 3 Exhibit A "Wilder Hills" 1 1 48 .in r� 1989 I W*11der Hills In Recognition of Barbara "Bobbe" Wilder for her tireless community efforts to preserve the scenic view of Temecula's ridgeline, natural beauty, fresh air & high quality of life M �� m- Item No. 16 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Deputy City Manager DATE: November 28, 2023 SUBJECT: Adopt Complete Streets Program Policy PREPARED BY: Katie Garcia, Planning Technician RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A COMPLETE STREETS PROGRAM THAT AIMS TO ENSURE ROADWAYS ACCOMMODATE AND PRIORITIZE THE NEEDS OF ALL USERS AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (LONG RANGE PROJECT NO. LR23-0043) BACKGROUND: Complete Streets is a transportation policy and design approach aimed at creating roadways that accommodate and prioritize the needs of all users. Complete Streets are thoughtfully planned, designed, and built to accommodate people of all ages and abilities safely and comfortably, including pedestrians, cyclists, equestrians, transit users, motorists, as well as freight and service operators. This Complete Streets Policy sets forth an agency's commitment to and implementation process for integrating Complete Streets concepts in transportation planning decisions and roadway design. In advance of the City of Temecula's General Plan Update, the City is complying with Assembly Bill (AB) 1358, the "California Complete Streets Act." AB 1358 requires cities and counties in California to consider the needs of all road users (including pedestrians, bicyclists, transit riders, and motorists) in the planning and design of transportation projects that receive state or federal funding. The Complete Streets Policy builds on past and current initiatives to improve multimodal safety and access in Temecula. Temecula's Quality of Life Master Plan (QLMP), adopted in 2022, recognizes transportation mobility and connectivity as a core value of the City and specifically lists development of a Complete Streets Policy as a key goal for 2040. Driven by the community's desire to develop a comprehensive on -street and off-street bicycle and trail network, the City completed a comprehensive update of its Multi -Use Trails and Bikeways Master Plan in 2016. In 2018, the City developed an ADA Self -Evaluation and Transition Plan, which identified programmatic and physical accessibility barriers present within the City. The City also identified several infrastructure -oriented safety countermeasures to prioritize through development of a Local Road Safety Plan (LRSP) in 2022. Additionally, the City completed an update of its Urban Forest Management Plan (2022), which set an ambitious goal to increase citywide tree canopy coverage by 20% over the next 40 years to mitigate the community's greatest climate and health risks. By adopting a Complete Streets policy, the City of Temecula is committing to developing a comprehensive transportation system that facilitates safe access, mobility, economic growth, appealing public spaces, health, and overall well-being for all members of the community. The City's Complete Streets Policy shifts the focus of transportation planning and project development from vehicle movement as the primary goal to the safe movement of people and goods. The Policy acknowledges streets can have varying roles, functions, and levels of activity depending on the context of the surrounding land use and community. MEETINGS WITH COMMISSIONS: The Draft Complete Streets Policy was presented to the Planning Commission on October 18, 2023, and to the Traffic Safety Commission on October 26, 2023, as a Receive and File presentation. Staff and the consultant answered questions relating to bicycle and pedestrian safety and how Complete Streets applies to all ages and abilities. The Traffic Safety Commission provided the following recommendations to the policy document: • Add the 2018 ADA Self -Evaluation and Transition Plan to the Background section of the document • Adjust language in the Vision and Intent section to write, "decision -makers to consider all transportation system users, with an emphasis on the most vulnerable." • Add Emergency Repairs as an exception to Complete Streets • Incorporate the following as Performance Measures: o Bicycle Friendly Community award status o Level of Traffic Stress (LTS) o Pedestrian scale lighting o Number of students that walk/bike to school All recommendations have been incorporated into the policy as suggested. CALIFORNIA ENVIRONMENTAL QUALITY ACT: The adoption of the Complete Streets Policy is exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15061(b)(3) as there is no possibility that the adoption of the Complete Streets Policy will have a significant effect on the environment. FISCAL IMPACT: None ATTACHMENTS: Resolution RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A COMPLETE STREETS PROGRAM THAT AIMS TO ENSURE ROADWAYS ACCOMMODATE AND PRIORITIZE THE NEEDS OF ALL USERS AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (LONG RANGE PROJECT NO. LR23-0043) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the City of Temecula, California (the "City") is a municipal corporation, duly organized and existing under the Constitution and the laws of the State of California; and WHEREAS, "Complete Streets" is a transportation policy and design approach that calls for streets to safely accommodate all modes; and WHEREAS, Complete Streets are planned, designed, constructed, operated, and maintained to safely and comfortably accommodate people of all ages and abilities, including pedestrians, cyclists, transit users, motorists, equestrians, persons with disabilities, emergency responders, seniors, youth, families, as well as freight and service operators; and WHEREAS, the City of Temecula currently supports and pursues Complete Streets through the City of Temecula's General Plan Update, the Temecula Multi -Use Trails and Bikeways Master Plan, the Quality of Life Masterplan, ADA Self -Evaluation and Transition Plan, the Urban Forest Management Plan, the Local Road Safety Plan, and other plans and policies which will encourage the use of active modes of transportation and contribute directly to the health, safety, economic vitality, environment, and quality of life in Temecula; and WHEREAS, the City of Temecula will implement Complete Streets in a context -sensitive manner, considering the characteristics of its physical, economic, and social environment, incorporating stakeholder and community values, accommodating current and future land use and transportation needs, and coordinating closely with the General Plan's Mobility Element to reduce congestion, enhance accessibility for all modes, and promote mixed -use development while preserving neighborhood qualities and enhancing transportation connectivity; and WHEREAS, a balanced suburban community requires a comprehensive and layered network of roadways that can realistically and safely accommodate all travel modes given the land - use context and needs of the community; and WHEREAS, the City of Temecula shall incorporate Complete Streets principles and design guidelines into all City plans, policies, processes, manuals, ordinances, and programs, including the revision of the City's General Plan and Street Design Manual to conform with this Policy; and WHEREAS, enhanced collaboration and coordination will be established among City departments including, Planning, Traffic, CIP, Land Development, and Fire, and external transportation and planning agencies; and WHEREAS, the City of Temecula will establish an internal decision -making process to promote inter -departmental communication and implementation of Complete Streets in transportation infrastructure projects (new, upgraded, and maintenance), ensuring alignment with adopted planning documents; and WHEREAS, the City of Temecula will assess and update policies, procedures, and design standards for site plans and development requirements to ensure alignment with Complete Streets best practices.; and WHEREAS, the City of Temecula shall maintain collaborative partnerships with Caltrans, County of Riverside County, Western Riverside Council of Governments, and pertinent agencies to develop updated design policies, guidelines, and secure funding from local, state, and federal sources to enhance Complete Streets projects in alignment with Temecula's Capital Improvement Program (CIP); and WHEREAS, the City of Temecula's Planning and Public Works Divisions shall be responsible for monitoring Complete Streets implementation progress and provide annual progress of performance measures. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Temecula, hereby finds, determines and declares as follows; SECTION 1. The City of Temecula adopts the Complete Streets Policy attached hereto as Exhibit A and made part of this Resolution and that said exhibit is hereby approved and adopted. SECTION 2. That the next substantial revision of the City of Temecula General Plan circulation will incorporate Complete Streets policies and principles consistent with the California Complete Streets Act of 2008 (AB 1358) and with the Complete Streets Policy adopted by this resolution. SECTION 3. The adoption of the Complete Streets Policy is exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15061(b)(3) as there is no possibility that the adoption of the Complete Streets Policy will have a significant effect on the environment. The Complete Streets Policy is a policy document and does not approve a project. The Community Development Director is directed to file a Notice of Exemption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of November, 2023. Zak Schwank, 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. 2023- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 28th day of November, 2023 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Exhibit A PIT III rnC:w1 JI �3u ULf1(2!n C. Ll1."3r ii l<.i Wine Country Subject: Complete Streets Policy Policy Number: 2023-XX Effective Date: November 28, 2023 BACKGROUND Complete Streets is a transportation policy and design approach aimed at creating roadways that accommodate and prioritize the needs of all users. Complete Streets are thoughtfully planned, designed, and built to accommodate people of all ages and abilities safely and comfortably, including pedestrians, cyclists, equestrians, transit users, motorists, as well as freight and service operators. This Complete Streets Policy sets forth an agency's commitment to and implementation process for integrating Complete Streets concepts in transportation planning decisions and roadway design. In advance of the City of Temecula's General Plan Update, the City is complying with Assembly Bill (AB) 1358, the "California Complete Streets Act." AB 1358 requires cities and counties in California to consider the needs of all road users (including pedestrians, bicyclists, transit riders, and motorists) in the planning and design of transportation projects that receive state or federal funding. This Complete Streets Policy builds on past and current initiatives to improve multimodal safety and access in Temecula. Temecula's Quality of Life Master Plan (QLMP), adopted in 2022, recognizes transportation mobility and connectivity as a core value of the City and specifically lists development of a Complete Streets Policy as a key goal for 2040. Driven by the community's desire to develop a comprehensive on -street and off-street bicycle and trail network, the City completed a comprehensive update of its Multi -Use Trails and Bikeways Master Plan in 2016. In 2018, the City developed an ADA Self -Evaluation and Transition Plan, which identified programmatic and physical accessibility barriers present within the City. The City also identified several infrastructure -oriented safety countermeasures to prioritize through development of a Local Road Safety Plan (LRSP) in 2022. Additionally, the City completed an update of its Urban Forest Management Plan (2022), which set an ambitious goal to increase citywide tree canopy coverage by 20% over the next 40 years to mitigate the community's greatest climate and health risks. By adopting a Complete Streets policy, the City of Temecula commits to developing a comprehensive transportation system that facilitates safe access, mobility, economic growth, appealing public spaces, health, and overall well-being for all members of the community. The City's Complete Streets Policy shifts the focus of transportation planning and project development from vehicle movement as the primary goal to the safe movement of people and goods. The Policy acknowledges streets can have varying roles, functions, and levels of activity depending on the context of the surrounding land use and community. VISION AND INTENT The City of Temecula is committed to creating a comprehensive multimodal transportation system. Through implementation of this Complete Streets Policy, the City will consistently plan, design, construct, and maintain all transportation facilities within the public right-of-way so that are safe, reliable, efficient, convenient, and connected for all transportation modes. This Policy directs City decision -makers to consider all transportation system users, with an emphasis on the most vulnerable, when making decisions regarding transportation and land use planning. The City shall work to advance Complete Streets to the greatest extent possible, with a focus on ensuring safe access for people of all ages and abilities. This Policy shall gradually help reduce the dependence of the automobile from being the only reliable source of travel to a transportation network that supports all modes of transportation, benefiting residents and visitors alike. This approach involves investing in transportation infrastructure that not only supports walking, biking, and public transportation, but also anticipates future transportation trends and facilities, including vehicle ride hailing (such as Uber or Lyft), carpooling, and potentially autonomous transportation options. The following guiding principles will be considered to implement Complete Streets in the City: GOALS 1. Serve all users and modes. Develop a transportation network that is context -sensitive and prioritizes safety, comfort, accessibility, and convenience for people of all ages and abilities within the roadway context. 2. Increase transportation and mobility options. Incorporate considerations for walking, biking, public transit, and other alternative transportation modes into all planning and construction endeavors. 3. Establish a connected multimodal transportation network. Expand and enhance the existing transportation network by completing missing links with appropriately sized streets. Project designs should proactively identify and rectify modal gaps or shortcomings, striving to strike a harmonious balance where all modes are served. 4. Coordinate land use and transportation. Create a balanced, modern, and integrated transportation system that is capable of serving current and future travel demand. 5. Preserve community character and health. Establish a transportation system that reduces automobile dependency, improving community health and overall quality of life, while maintaining the unique qualities and assets that make Temecula a desirable place to live. APPLICABILITY Except as otherwise stated below, this Policy applies to all roadway project phases undertaken by or under the authority of or subject to the supervision of the City of Temecula, for the improvement of any street and public right-of-way (ROW), including planning, programming, design, acquisition of land, construction, construction engineering, reconstruction, rehabilitation, resurfacing, retrofit and operation. Accommodation for all modes of transportation to safely use the roadway shall be provided during construction or repair work. In the case where a project is within or connects to a City ROW and/or is owned by another entity, City staff shall work with the ROW/easement owner and/or other entity to the greatest extent possible to advance Complete Streets designs. Entities the City may coordinate with on projects include, but are not limited to, the following: California Department of Transportation (Caltrans), County of Riverside, City of Murrieta, Riverside County Transportation Commission (RCTC), Western Riverside Council of Governments (WRCOG), Riverside County Flood Control and Water Conservation District (RCFC&WCD), and the U.S. Department of Transportation's (USDOT) Federal Highway Administration (FHWA). In addition, this Policy requires City staff to evaluate new development and redevelopment projects and requires connected pedestrian and bicycle access within the development and connecting to and from the surrounding transportation system for approval. The City will approach every planned project as an opportunity to create a safer and more accessible transportation system for all users. EXCEPTIONS There are specific circumstances in which it may not be appropriate to provide bicycle, pedestrian, and/or transit facilities. These exceptions include: a. LIMITED -ACCESS ROADWAYS This Policy does not apply to corridors where specific users are prohibited by law (e.g., interstate freeway, pedestrian mall). Exclusion of certain users on particular corridors should not exempt projects from accommodating other permitted users. b. ORDINARY MAINTENANCE This Policy does not apply to routine maintenance such as mowing, cleaning, sweeping, pothole filling, spot repair, concrete joint repair, or other regular or seasonal maintenance. c. EMERGENCY REPAIRS The Policy does not apply to emergency repairs, i.e., repairs requiring an immediate, rapid response (e.g., water main leak). d. DISPROPORTIONATE COSTS This Policy does not apply to projects where the cost of integrating Complete Streets design elements is excessively disproportionate to the need or probable use. e. PRE-EXISTING PROJECTS This Policy does not apply to projects where a reasonable and equivalent project along the same corridor is already programmed to provide adequate Complete Streets design elements. f. ADVERSEIMPACTS This Policy does not apply to projects where integrating Complete Streets design elements would have significant adverse impacts that outweigh the positive effects of the infrastructure. All exceptions shall be specific and approved by the City's CIP Engineering Manager, Director of Public Works, and Director of Community Development (as applicable). LAND USE & CONTEXT SENSITIVITY Complete Streets implementation should be sensitive to the unique characteristics of the City's physical, economic, and social environment. The City will take a context -sensitive approach to process and design, giving significant consideration to stakeholder and community values. The City will also consider the surrounding community's current and expected land use and transportation needs. The City shall consider new and revised land use policies, Specific Plan guidelines, and zoning ordinances to specify how transportation projects will serve current and future land use needs. The intent is to establish a comprehensive multimodal transportation system that is coordinated closely with the Circulation Element of the City's General Plan and capable of serving future growth in the City. The City is dedicated to reducing congestion, increasing access for all modes, and encouraging mixed use development at activity nodes throughout the city. The City will work to preserve the desirable characteristics of quiet, calm, safe, family -oriented neighborhoods, while also taking into account the connectivity of the transportation system as a whole for all modes and users. CALIFORNIA POLICY CONSIDERATIONS Active transportation has been increasingly recognized as a viable opportunity to reduce vehicle miles traveled (VMT), thereby reducing greenhouse gas (GHG) emissions, improving public health, reducing transportation costs, and improving the economic climate. Diminished driving levels and increased preference for walkable, bikeable, and transit -connected communities, particularly among millennials and empty nesters, is well documented. The movement to make cycling, walking, and public transit feasible transportation options is also supported by several recent pieces of California legislation, including: Caltrans Director's Policy 37 (DP-37)' o This policy requires all new transportation projects funded or overseen by Caltrans to provide comfortable, convenient, and connected Complete Streets facilities for people walking, biking, and taking transit or passenger rail. Complete Streets Act of 2008 (AB 1358) o This act requires all cities and counties in California to include Complete Streets policies as part of any substantial revision to the Circulation Element of their General Plan. Global Warming Solutions Act of 2006 (AB 32) and Sustainable Communities and Climate Protection Act of 2008 (Senate Bill 375) o These acts outline California's goals for reducing GHG emissions through integrated land use and transportation planning. 1 https://dot.ca.gov/-/media/dot-media/programs/esta/documents/dp-37-complete-streets-ally.pdf COMPLETE STREETS DESIGN Transportation projects and maintenance activities shall be: • Suitable and appropriate to the function and context of the transportation facility. • Sensitive to neighborhood context and cognizant of neighborhood needs. • Flexible in project design to ensure that all users have safe access and use. • Considered a component of a comprehensive, integrated, and interconnected transportation network that allows all users to choose between different modes of travel. • Consistent and compatible with the City of Temecula's Multi -Use Trails and Bikeways Master Plan, General Plan, Quality of Life Master Plan, Local Road Safety Plan, Urban Forest Management Plan, Americans with Disabilities Act (ADA) Self Evaluation and Transition Plan, Communications Master Plan, and any relevant Specific Plans. Facilities shall be designed and constructed in accordance with current applicable laws and regulations, using best practices and guidance from a variety of organizations, as long as they do not conflict with the principles outlined in this Complete Streets Policy. Best practices may include, but are not limited to, the following: • Caltrans Complete Streets Elements Toolbox • American Association of State Highway and Transportation Officials' (AASHTO) Guide for the Planning, Design, and Operation of Pedestrians Facilities • AASHTO's Guide for the Development of Bicycle Facilities • Federal Highway Administration's (FHWA) Achieving Multimodal Networks: Applying Design Flexibility and Reducing Conflicts • FHWA's Separated Bike Lane Planning and Design Guide • FHWA's Incorporating On -Road Bicycle Networks into Resurfacing Projects Report • Institute of Transportation Engineers' (ITE) Designing Walkable Urban Thoroughfares: A Context Sensitive Approach • National Association of City Transportation Officials' (NACTO) Urban Street Design Guide • NACTO's Transit Street Design Guide • NACTO's Urban Bikeway Design Guide • NACTO's Urban Street Stormwater Guide • U.S. Access Board's Public Right -of -Way Accessibility Guidelines (PROWAG) • National Cooperative Highway Research Program's (NCHRP) Multimodal Level of Service Analysis for Urban Streets Report Design standards required for state or federally funded projects will supersede local requirements if there is an actual conflict between the local and state or federal standards and if funding will be impacted by adherence to the local standards. Design standards include, but are not limited to, the following: • U.S. Department of Justice's (DOJ) ADA Standards for Accessible Design • AASHTO's A Policy on Geometric Design of Highways and Streets (Green Book) • Caltrans' Highway Design Manual (HDM) • Caltrans' Plans Preparation Manual (PPM) • Caltrans' California Manual on Uniform Traffic Control Devices (CA MUTCD) • FHWA's Manual on Uniform Traffic Control Devices (MUTCD) IMPLEMENTATION STEPS Complete Streets implementation will require ongoing cooperation and collaboration among a diverse array of stakeholders. The City will take the following steps to facilitate the process: • The City shall integrate Complete Streets principles and design guidelines into all City plans, policies, processes, manuals, ordinances, and programs. This includes updating the City's General Plan and Street Design Manual to align with the principles of this Policy. • The City shall develop a layered network concept as part of the Circulation Element in the General Plan Update to identify the priority mode(s) (Transit, Pedestrian, Bicycle, Auto, or Goods Movement) for each corridor depending on the context of the adjacent land use. This approach reduces potential conflict inherent in trying to design all roadways for all uses. By overlaying various modal layers, a logical and more comfortable multimodal network is created. • The City shall develop an internal decision -making process to ensure that transportation infrastructure projects (new facilities, upgraded facilities, and maintenance projects) are implementing Complete Streets where practical by considering the feasibility of Complete Streets improvements and ensuring consistency with other planning documents the City has adopted. • The City shall review, revise, and/or recommend changes to all policies, procedures, and design standards associated with site plans and other requirements for public and private development to ensure best practices are utilized to support Complete Streets. • The City shall promote collaboration and coordination between City Departments and various Divisions, including Planning, Traffic, CIP, Land Development, and Fire, and with other transportation and planning agencies. • The City shall develop new design policies and guidelines or revise existing ones to reflect the current state of best practices in transportation design. The City may also consider adopting national, state, or SCAG's local design guidance. • The City shall continue to identify local, state, and federal funds to implement Complete Streets projects to supplement Temecula's Capital Improvement Program (CIP). This will require a continued partnership and coordination with several agencies, including but not limited to: RCTC, WRCOG, City of Murrieta, County of Riverside, RCFC&WCD, California Transportation Commission (CTC), Caltrans District 8, FHWA, and the U.S. Department of Housing and Urban Development (HUD). Local funding opportunities include, but are not limited to, the following: o Proactively incorporating and bundling multimodal improvements with maintenance projects, capital improvement projects, ROW construction, and other local and regional transportation projects to transition the existing ROW to a more complete corridor. o Considering lower -cost, high -benefit, quick -build engineering treatments for near -term traffic safety improvements. PERFORMANCE MEASURES Complete Streets implementation will be a process that requires regular evaluation to assess progress and effectiveness. The City's Planning and Traffic Divisions will be responsible for annual tracking and reporting performance measures. The performance measures that will be evaluated include, but are not limited to, the following: • Miles of bicycle lanes, routes, and trails installed/dedicated by width and type • Number of bicycle parking facilities installed • Number of traffic calming facilities installed • Linear feet of pedestrian accommodations installed or repaired • Number of crosswalks installed or improved • Number of missing or noncompliant curb ramps constructed and/or upgraded • Number of ADA accommodations installed • Number of transit accessibility improvements installed • Percent of City lane miles that meet or exceed Pavement Condition Index (PCI) standard of 70 • Number of new trees planted • Pedestrian -scale lighting fixtures installed • Number of exceptions approved • Citywide average Walk Score • Meets or exceeds Gold Level Bicycle -Friendly Community • Bicycle and pedestrian counts (performed every three years) • Traffic counts (performed every year) • Number of students that walk or bike to school • Bicycle, pedestrian, and motorcyclist crash data involving serious injuries or fatalities • Total dollar amount spent on Complete Streets projects or portions of projects Item No. 17 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: November 28, 2023 SUBJECT: Receive Update Regarding Nicolas Road Multi -Use Trail Extension PREPARED BY: Anissa Sharp, Management Assistant Ron Moreno, Assistant Director of Public Works RECOMMENDATION: That the City Council affirm plans for construction of the Nicolas Road Extension and Nicolas Road Multi -Use Trail as recommended by the Trails/Open Space Ad Hoc Subcommittee consisting of Mayor Schwank and Mayor Pro Tempore Stewart. BACKGROUND: The Roripaugh Ranch Specific Plan (Specific Plan No. 11) was approved by the City Council on November 26, 2002 by the adoption of Resolution No. 02- 112. Amendment No. 1 to the Roripaugh Ranch Specific Plan (SP 11) was approved on January 11, 2005 by the adoption of Resolution No. 05- 08. Amendment No. 2 to the Roripaugh Ranch Specific Plan (SP 11) was approved on February 28, 2006 by the adoption of Resolution No. 06-02. Amendment No. 3 to the Roripaugh Ranch Specific Plan (SP 11) was approved on March 8, 2016 by the adoption of Resolution No. 16- 17. Amendment No. 4 to the Roripaugh Ranch Specific Plan (SP 11) was approved on January 23, 2018 by the adoption of Resolution No. 18-08. Amendment No. 5 to the Roripaugh Ranch Specific Plan (SP 11) was approved on January 14, 2020 by the adoption of Resolution No. 20-03. The Roripaugh Ranch Specific Plan as originally approved and as amended by Amendments Nos. 1- 5 shall be referred to in this report as the "Specific Plan". The Specific Plan provides standards and guidelines for development. Amendment No. 4 to the Specific Plan updated and modified those standards to include trails and trail connection improvements. Section 4.1.4 of the Specific Plan outlined a network of bicycle lanes and trails to provide a variety of mobility options for residents. The Nicolas Road Multi -Use Trail is broken up into segments. The first segment (Trail Type G) extends from Butterfield Stage Road to Calle Girasol on Nicolas Road. The trail is described as a 10' multi -use (Class I) stabilized decomposed granite (D. G.) trail from Butterfield Stage Road to Liefer Road. Liefer Road to Calle Girasol is described as a 10' multi -use (Class I) asphalt trail. A rendering of the trail type is illustrated in Exhibit A. The second segment (Trail Type H) extends from Calle Girasol to Joseph Road. The trail is described as a 15' asphalt trail along the channel, that will incorporate a 6' concrete sidewalk within the right of way and also include a 15' (Class 1) asphalt trail within the Flood Access Easement along Santa Gertrudis Creek Channel. A rendering of the trail type is illustrated in Exhibit B. Changes to the portion of Trial Type G that were planned to be constructed as D.G. were made to remain consistent with the Multi -use Trails and Bikeways Master Plan ("Master Plan"). The segment of Nicolas Road described as Trail Type G was proposed as a paved hard surface trail within the Master Plan. The recommendations (shown on Exhibit C) were intended to close the gaps within Temecula's trails and bikeways system by taking advantage of potential connections between on -street and off-street facilities in order to encourage more residents to bike or walk rather than drive. The project is planned to be constructed by the developer as they construct the Nicolas Road Extension. On November 21 ", 2023 the Trails/Open Space Ad Hoc Subcommittee met with Staff to discuss construction plans for the Nicolas Road Multi -Use Trail Extension and resident concerns regarding access along the corridor. In order to address resident concerns regarding driveway access, the Public Works Department worked with Woodside ("Developer") to redesign the residential driveways experiencing access difficulty. The impacted driveways underwent a redesign to facilitate commercial access, effectively addressing the associated access issues. The subcommittee also discussed the need for pedestrian crossing options on Nicolas Road. The Nicolas Road Extension, extending from Butterfield Stage Road to Calle Girasol, is void of any stop controls in the design. City Staff were directed to perform a multi -way stop warrant analysis at various intersections along Nicolas Road, from Butterfield Stage Road to North General Kearny, in order to determine potential locations for future Council consideration. Based on feedback received from the subcommittee, Staff recommends that the City Council affirm plans for construction of the Nicolas Road Multi -Use Trail as a 10 ft asphalt paved trail on the north side of Nicolas Road, as shown in the Multi -Use Trails and Bikeways Master Plan. The Master Plan also calls for a D.G trail on the south side of Nicolas Road, which will be constructed at a later date. FISCAL IMPACT: None. ATTACHMENTS: 1. Exhibit A — Trail Type G 2. Exhibit B — Trail Type H 3. Exhibit C — Recommended Trails and Bikeways SECTION 4 TRAIL EASEMENT LINE STREET TREE 40' O.C. (PA 33B) 2-RAIL LODGEPOLE PINE FENCE (3' HEIGHT HOA MAINTAINED) STABILIZED D.G. TRAIL (NON-CONTIGUOUS ALONG PARK AND RIDE. CONTIGUOUS TO CURB AT EAST AND WEST ENDS VALLEY NEIGHBORHOOD DESIGN GUIDELINES TRAIL TYPE G - NICOLAS ROAD: BUTTERFIELD STAGE RD. TO W. PROJECT BOUNDARY (10' D.G. TRAIL) Figure 4-44 RORIPAUGH RANCH SPECIFIC PLAN 4-145 SECTION 4 R.O.W. LINE a 5'-0" 15'-0" SANTA NATIVE ASPHALT BIKE PATH GERTRUDIS SOIL CHANNEL 20'-0" FLOOD ACCESS EASEMENT C-wi3Y CONCRETE SIDEWALK VALLEY NEIGHBORHOOD DESIGN GUIDELINES 6'-0" 6'-0" 12 T T PARKWAY BIKE LANE ROAD TRAIL TYPE H - NICOLAS ROAD: CALLE GIRASOL TO JOSEPH RD. (15' ASPHALT TRAIL ALONG CHANNEL) RORIPAUGH RANCH SPECIFIC PLAN 4-147 Chapter 3: Recommended Trails and Bikeways Figure 13 - Existing and Proposed Trails (Natural Surface and Paved Class /) ��wlrllr■ Win chaster Rd no } ��;, , 1 ■ r �Ra ■ti \ 5�� - Spld 4ioha 4b♦* ♦I bo / . V ♦d ��� � � / g�1ti1d — a Rencho California R �/I DolteyRV Mar �■ 9�y+a No !, Cd Serena W ��, �1a♦�� / ♦ �' 10 +r� ■ M i�c� �a I � I �I / �ti� ■ � ■ a • � tr RanchoVlBrand We, I ` sit ■ ,1 t ■■ ram® r ■ ■ If VaYey Rd V9ylk p16 viva Karl 7 I y�&.g b'S ti r Deer Hallow WY Proposed Trailheads Shared Ilse Paths )Class 1) Parks Proposed Santa Gertrudis Creek Trail Connections — Existing Paved Hard Surface Trail (7.6 miles) Schools Proposed Natural Surface Trails (24.5 miles) 11 Proposed Paved Hard Surface Trail (19.1 miles) Commercial Center Existing Natural Surface Trails (14.9 miles) Off -Street Facilities Open Space 4W Proposed Horse Route (3.4 miles) � Existing Wide Sidewalk (9.4 miles) Vine y ardslAg ricu Itural 1 1 Proposed Wide Sidewalk (0.3 miles) [ City Boundary 56 Item No. 18 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Deputy City Manager DATE: November 28, 2023 SUBJECT: Community Development Department Monthly Report RECOMMENDATION: That the City Council receive and file the Community Development Department monthly report. The following are the highlights for Community Development for the month of October 2023. CURRENT PLANNING ACTIVITIES Planning processed forty-three (43) new applications and conducted three (3) Public Hearing in October 2023. A detailed account of planning activities is attached to this report. Planning Statistics OA)ber Long Ra_ Ee 12 Ingo 1 Conditional Use Permit 0 Manage Permit Modifications 16 Pre -Application Reasonable Accommodation 1 Sign Proffram Temporary Use Permit 4 [Fireless Antenna F Zmiaa Letter 1 Total Paseo Del Sol Tentative Tract Map No. 36483 (PA14-0087): The City is processing a Tentative Tract Map (No. 36483) for 168 single-family homes and 11 open space lots located at the northwest corner of Temecula Parkway and Butterfield Stage Road. (COOPER) Temecula Valley Hospital Master Plan Update (PA21-1525): The City is processing a Modification to the previously approved Temecula Valley Hospital Master Plan. The updated Master Plan, at buildout will include the existing 237,305 square foot hospital building and 5,180 square foot storage building along with an approximately 130,000 square foot, four story Behavioral Health Building in Phase 2, an approximately 10,000 square foot expansion to the emergency department, a 125,000 square foot, five story second hospital tower, a 80,000 square foot medical office buildings, and a 14,000 square foot utility plant in Phase 3, and an approximately 125,000 square foot, five story third hospital tower, a 80,000 square three story foot medical office building, and a four story parking structure with the existing helipad relocated to the roof of the structure in Phase 4. The project is located at 31700 Temecula Parkway. A public scoping meeting for the Subsequent Environmental Impact Report (SEIR) was held on March 23, 2022, at the Ronald H. Roberts Temecula Public Library. The public review period for the SEIR has ended. The Final SEIR has been completed by the consultant and meetings have taken place with the City Council and Planning Commission Subcommittee's. A tour of a similar Behavioral Health Facility took place on June 6, 2023, for the City Council and Planning Commission. A Community Meeting organized by TVH has been scheduled for November 13, 2023 in the City of Temecula Conference Center. (COOPER) Temecula Resort and Spa (PAs 22-0035, 22-0037): The City is processing a Development Plan and Tentative Parcel Map for an approximately 474,137 square foot, seven (7) story, 90-foot high full service hotel that includes a parking garage, conference facilities/ballrooms, gallery/event space, full service spa, restaurants, bars/lounges, retail outlets, workout facility, outdoor pool area, and a wedding garden located on the east side of Front Street between First Street and Second Street. The project was presented to the Old Town Steering Subcommittee on July 26, 2022, September 27, 2022, April 25, 2023, and May 23, 2023, and the Old Town Temecula Planning Commission Subcommittee on October 19, 2022. On September 6, 2023 the Planning Commission requested redesign of the project in order to meet the development standards of the Old Town Specific Plan. Staff will continue to work with the applicant team. (COOPER) Seraphina Tentative Tract Map No. 38267 (PA22-0830): The City is processing a Tentative Tract Map (TTM 38267) for the creation of 39 single family lots and two (2) open space lots on 12.77 acres located on the southwest corner of Joseph Road and Rita Way (APN: 957-080-027). (COOPER) Boutique Luxury Hotel (PAs 22-0929, 0930, 0931): The City is processing a Development Plan for an approximately 54,699 square foot, four-story, 45 room hotel that includes retail spaces, a gym, meeting space, and a rooftop restaurant and pool area. The project is located on the west side of Old Town Front Street approximately 400' south of Santiago Road adjacent to the U-Haul dealership. The application package also includes requests for a Minor Exception for the height of the building to accommodate architectural tower elements and a Variance to allow for parking within the setback due to the narrow width of the project site. (COOPER) Parker Medical Center II (PA22-0987): The City is processing a Development Plan for an approximately 35,601 square -foot, three story, medical office building located on the west side of Avenida De Missiones approximately 425 feet south of Temecula Parkway. (COOPER) Paradise Chevrolet (PAs 22-1124, 1125): The City is processing a Development Plan and Conditional Use Permit for an approximately 47,727 square foot, two story structure that includes rooftop parking for a commercial and fleet truck dealership that includes maintenance and repair services for Paradise Chevrolet. The project is located on an undeveloped site at 42105 DLR Drive. An environmental consultant has been selected and is under contract to prepare an environmental document for the project. (COOPER) U-HAUL (PA23-0056): The City is processing a Development Plan for an approximately 40,883 square foot four story self -storage facility located on the southwest corner of Las Haciendas Street and Jefferson Avenue. (COOPER) Rancho-12 Tentative Tract Map (PA22-0047): A Tentative Tract Map for a 12-lot single-family development located at 31670 Rancho California Road. (JONES) Be Good Hotel (PA22-0995): A Development Plan Application to review a four-story hotel featuring nine rooms, restaurant and subterranean parking. The project is generally located on the northwest corner of Fourth Street and Mercedes Street. (JONES) Amazon Delivery Van Parking Lot (PA22-1025): A modification application to allow a parking lot expansion to accommodate delivery van parking. The project is located at 27731 Diaz Road. (JONES) Better Buzz/Ono BBQ Development Plan (PA23-0030): A Development Plan to allow the construction of two commercial structures totaling approximately 4,414 square feet. Structures will be used for a restaurant and coffee shop. The project is located at 29540 Rancho California Road. (JONES) Bedford Court Development Plan (PA23-0197): A Development Plan application to allow for the construction of two structures totaling approximately 4,546 square feet. Anticipated uses consist of a car wash and coffee shop. The project is generally located approximately 160 feet south of the Temecula Parkway and Bedford Court intersection. (JONES) Bedford Court Planned Development Overlay (PA23-0280): A Planned Development Overlay to provide development standards for a proposed coffee shop and car wash. The project is located approximately 160 feet south of the Temecula Parkway and Bedford Court intersection at APN: 922-210- 042. (JONES) Sail House Development Plan (PA23-0227): A Development Plan for an approximately 7,066 square foot warehouse building with office space. The project is located at 42974 Roick Drive. (JONES) Redhawk Specific Plan Amendment (PA23-0327): An amendment to the Redhawk Specific Plan to provide a revision to uses associated with the golf course and add related standards for those uses. The project is located at 45100 Temecula Parkway within the Redhawk Specific Plan (Related application PA23- 0251 CUP). (JONES) Old Town Townhomes Development Plan (PA22-0941): The City is processing a Development Plan Application for the construction of 14 multifamily residential units on the vacant .68-acre parcel located at 42146 Sixth Street. (CARDENAS) Texas Roadhouse (PA23-0341): The City is processing a Development Plan for an approximately 8,000 square foot Texas Roadhouse restaurant located at 40710 Winchester Road. (COOPER) Mercedes Benz Sprinter (PA23-0329): The City is processing a Development Plan for an approximately 81,295 square foot Mercedes Benz Sprinter Dealership that includes maintenance and repair services, detail center, and employee wellness center. The project is located on an undeveloped site at 40910 Temecula Center Dr. (COOPER) LONG RANGE PLANNING General Plan Update: The Long Range Planning Division has developed a four -phase, multi -year process to update the General Plan. Phase I is complete and included updates to Housing and Public Safety Elements. Phase I also included an update to the City's Traffic Impact Analysis (TIA) Guidelines to analyze Vehicle Miles Travelled (VMT) for the California Environmental Quality Act (CEQA). Phase II is in process and includes an update to the Quality of Life Master Plan (QLMP), reconciling the City's GIS Maps on a parcel by parcel basis, a baseline EIR analysis of the City's Circulation Element, and developing a Complete Streets Policy document. Phase III will include a Fiscal Land Use Study to analyze the City's remaining development capacity and market absorption potential for residential, commercial, and industrial development. The final phase is to work with a General Plan Advisory Committee to update to the General Plan and EIR over an 18 to 24-month timeframe. (PETERS) Quality of Life Master Plan Update: On April 27, 2021, the City Council established a Blue Ribbon Committee (BRC) to update the Quality of Life Master Plan (QLMP). The QLMP identifies the City's six core values, including: 1) Healthy and Livable City; 2) Economic Prosperity; 3) Safe and Prepared Community; 4) Sustainable City; 5) Transportation Mobility and Connectivity; and 6) Accountable and Responsive City Government. Projects and programs proposed in the City's Annual Operating Budget and Capital Improvements Program must be consistent with the City's Core Values. Performance measures (indicators) are measured annually to track progress and the completion of goals and objectives. The last BRC meeting was held on July 21, 2022. The Preliminary Draft document was presented to all the Commissions in October and November. The Final Draft QLMP was approved by the City Council on November 15, 2022. The QLMP will serve as the foundation for the General plan update. The final document is available online and hard copies have been distributed to the City Council, City Staff, Boards, and Commissions. (PETERS) QLMP Website for Measuring Progress (Dashboard): As part of the Quality of Life Master Plan Update, Planning staff is working with a consultant, MIG, and the IT Department to develop a website for the QLMP. The intent of the website is to provide a "dashboard" to display the seven Core Values and eventually incorporate the goals and policies of the updated General Plan. The website will also be used to measure the city's progress towards achieving the Citizen's 20-Year Priorities identified in the QLMP. The dashboard will be displayed on a third -party website and will incorporate links and useful indicators intended for user- friendly navigation. The website officially launched on October 9, 2023. The QLMP Dashboard will be updated at the end of each calendar year to reflect department accomplishments. (GARCIA) Uptown Temecula Specific Plan Amendment (LR19-1458): An amendment to the Uptown Specific Plan to implement the following changes: modify graphics to reflect consistency with text regarding allowable frontage types, amend street cross sections (graphics), amend plant pallet and Silva cell requirements for street trees, implement a street naming convention, amend streetlight spacing and other typographical errors. Staff has reached out to Spurlock Consulting for assistance in updating the Sidewalk and Streetscape Standards and is awaiting a scope of work and timeline. Public Works is drafting new street sections for the Specific Plan. Spurlock Consulting has provided a scope of work for the proposed changes to the streetscape and sidewalk standards and staff has executed the agreement for services and will begin updating the graphics as requested. Planning and Traffic Engineering have been working on updated street cross sections and a map to identify cross section placements. (COLLINS) Transportation Discovery and Existing Conditions Analysis (LR20-1071): The City received an SB 2 Grant from the State Department of Housing and Community Development (HCD) to prepare an internal document for staff to identify potential transportation focused areas as part of Phase 2 of our General Plan Update process and timeline. The City has retained Fehr & Peers (F&P) Transportation Consultants to document existing transportation conditions in the City, provide benchmarking information on how transportation facilities, transportation use and policies compares to other peer agencies (through benchmarking) and will evaluate how much of the current Circulation Element has been implemented. Staff worked with F&P to identify methodology, thresholds, and mitigation to address VMT for the California Environmental Quality Act evaluation, which the City Council adopted in May 2020. On July 19, 2021, Staff has a scheduled internal meeting with Fehr & Peers, they present to staff the Data Collection Status. Currently, the consultant is developing the three scenario runs to be reviewed by staff prior to conducting a full model run. (PETERS) Old Town Parklets (LR22-1112): The previous Old Town Outdoor Dining Program was a project intended to make the Temporary Expanded Dining/Retail Program (TED) permanent that was sparked by the COVID- 19 pandemic restrictions. However, due to the potential barriers that came to light such as loss of parking, ADA requirements, outside agency fees and more, the decision was made by City Council and staff to end the outdoor dining program when the license agreements expired on July 1, 2022. With that, other outdoor dining amenities were explored for Old Town which led to the Old Town Parklet Project. Parklets are the conversion of parking spaces on urban streets into a small public `park' or enclosed seating area. The intent of the Parklet Project is to provide an additional amenity to the community and promote an increase in pedestrian activity and convenience. Staff is working with a consultant, Placeworks, to design and implement the Old Town Parklets. Locations and design themes will be determined throughout the process with direction from the Old Town Steering Subcommittee. An open -house style community workshop was held on October 1 lth to retrieve feedback from community members. The input received from attendees will be presented to the Old Town Steering Subcommittee on November 14th. (GARCIA) Complete Streets (LR23-0043): This project will draft a citywide policy for the city to ensure transportation infrastructure is designed to enhance safety, accessibility, and mobility for all users. A Complete Streets Checklist will be developed to be used internally to ensure that transportation infrastructure projects are implementing Complete Streets where practical by considering the feasibility of Complete Streets improvements and ensuring consistency with other planning documents. The City has retained Fehr & Peers Transportation Consultants to draft the Complete Streets Policy, implementation checklist, and mid -block crosswalk criteria. This project is being funded by the Local Early Action Planning (LEAP) grant that was awarded by the State Department of Housing and Community Development (HCD). The consultant presented the draft Complete Streets Policy to the Planning Commission on October 181h and to the Traffic Safety Commission on October 26th. The presentation was strictly informative, and the Commissioners offered several suggestions to add to the policy which have been incorporated in the final version that will be presented to City Council on November 28th for adoption by Resolution. (GARCIA) Climate Action Plan (CAP) Baseline Evaluation (LR23-0083): The City was awarded funds from the Local Early Action Planning (LEAP) grant opportunity by the State Department of Housing and Community Development (HCD) to prepare an internal report of the city's baseline Greenhouse Gas Emissions (GHG) inventory. The intent is for the City to have full documentation of a baseline emissions inventory that can be used as the City develops a Climate Action Plan. The City has contracted WSP to collect data needed to estimate GHG emissions and include vehicle fuel economy standards, electric vehicle mandates, renewable electricity standards, waste reduction targets, and water use restrictions. WSP is currently in the data collection stage. (GARCIA) Wayfinding Guide (LR23-0167): The city is working with a consultant, Alta Planning + Design, Inc., to implement a bicycle wayfinding system for the bike lanes and trails throughout the city. Alta will draft a wayfinding strategy memo that outlines best practices for destination selection, sign placement, and sign programming. The Multi -Use Trails and Bikeways Master Plan that was adopted in 2016 will act as an implementation and style guide to create an interconnected network designed to encourage more residents to use active transportation. Staff has reviewed and provided comments on the Design Intent Package that the consultant is addressing. (GARCIA) Bicycle Friendly Community Application (LR23-0220): The City was awarded a Bronze Level Bicycle Friendly Community Award in 2021. One of the aspirations in the Quality of Life Master Plan (QLMP) is to strive for a Gold Level. Staff is currently working on the application that will be submitted to The League of American Bicyclists. The League's Bicycle Friendly America program provides advocates and change makers with a roadmap and hands-on assistance to build places more welcoming to people who bike. The application was submitted on August 30, 2023 and awards will be announced in December 2023. In the interim, the City is promoting a survey for our community asking for input on how the City plans for cycling of all ages and abilities. (GARCIA) Land Use Economic Opportunity Study (LR23-0078): In preparation for the General Plan Update staff has engaged Keyser Marston Associates (KMA) to complete a new Land Use Economic Opportunity Study. Staff is presently working on the agreement, funded through a LEAP Grant and services will commence once executed. Staff is working to provide KMA with the requested documents to complete the fiscal land use study. (COLLINS) Temecula Creek Wildfire Risk Reduction Community Plan (LR21-1331): Temecula applied for and was awarded a $300,000 grant to develop Temecula's first Community Wildfire Protection Plan (CWPP). The grant has a $78,000 match (staff time), the remainder is to onboard a consultant to draft the plan. RFP has closed and SWCA Environmental was selected as the winning candidate. The contract was approved at the January 1 Oth City Council Meeting and a kickoff is scheduled for February 6th in the conference center. The kickoff meeting was held with 18 in attendance, the Development Team has been assigned and consultant is planning for fieldwork in the coming weeks. Fieldwork was performed on March 281h and associated studies will be provided in due time. Consultant continues fieldwork and fire modeling with maps to be presented early this fall. The first Development Team workshop will take place at the Conference Center on Nov. 16th with invites to follow. (COLLINS) Housing Element Implementation Ordinance (LR22-0664): An agreement between WRCOG and the City to provide consultation services to provide analysis of required municipal code updates as they relate to the new slate of housing laws, such as SB-9, ADU Laws, etc. Additionally, would evaluate changes to the municipal code required after the adoption of the 6th Cycle Housing Element. The cost is included as a benefit to member agencies of WRCOG. WSP is the consultant selected by WRCOG to assist the city review its Municipal Code in relation to the new housing bills passed. Staff has bi-weekly meetings with the consultant to address the changes and will discuss proposed changes at a future date in consultation with the City Attorney's Office. Staff has received the draft analysis and will be reaching out for policy direction. Staff approached the consultant to include recently approved legislation in their analysis, and was unwilling. For this reason, staff with the assistance of the City Attorney's office will draft the Ordinance and the consultant has been released from the agreement through WRCOG. Staff has worked with the City Attorneys Office to complete the Draft Ordinance, and is currently preparing supporting documents and is scheduled for Planning Commission Subcommittee on September 20th, City Council Subcommittee on October loth Planning Commission hearing on October 18, 2023, and City Council on November 14, 2023. The Planning Commission adopted a resolution (2023-18) recommending the City Council adopt the Ordinance. This item will go before the City Council on November 14, 2023. (COLLINS) Old Town Parking Management White Paper (LR22-0857): The project will allow for the creation of a white paper discussing various technology solutions designed to track and report on parking in Old Town in real time. The project encompasses the entire Old Town Specific Plan area. Staff has retained Fehr & Peers to create the document and recommend technology for monitoring parking in real time. (JONES) Quality of Life Ordinance (LR23-0050): An Ordinance to address some concerns in 4 key areas that Staff has public safety concerns, 1) Massage Businesses attempting to circumvent the exemptions provided for in the Municipal Code and address some operational concerns raise by RSO, 2) Tobacco or "Smoke" Shops increasing number within the City and the process of licensing such establishments, 3) Smoking along public sidewalks with a focus on Old Town and the impacts to the walkable family feel the City and business owners have worked so hard to create, Staff met with the City Council Public Safety Ad Hoc Subcommittee (JA/BK) on 4/25 to discuss the proposed scope of the ordinance and to obtain Councilmembers feedback and direction on the proposed ordinance. The Draft Ordinance will be presented to Planning Commission Municipal Code Maintenance Subcommittee on June 7th and City Council Public Safety Ad Hoc Subcommittee on June 13th with Planning Commission and City Council Hearings to follow. The Planning Commission passed Resolution No. 2023-14 recommending the City Council adopt the proposed ordinance and was adopted (first reading) on August 22" d at the regularly scheduled City Council Meeting. Staff has completed outreach to all existing businesses through physical visits to each establishment as well as certified letters to all property and business owners as well as all known management companies. Due to this outreach, there has been an increase in renewal applications for existing businesses which staff takes as a positive step towards compliance. (COLLINS) Annual Title 17 Cleanup (LR23-0180): An annual effort of Community Development to identify areas of the code that need clarification, correction or an update. This is also performed to implement various components of state law. The item is scheduled for Planning Commission Subcommittee on October 18th and City Council Subcommittee on November 1 Oth. Subcommittees were held and staff was directed to move the item along. Councilmembers and Commissioners were pleased with staff s proactive approach to addressing concerns. This item is scheduled for Planning Commission on November 1, 2023. (COLLINS) HOUSING Las Haciendas Affordable Housing Project: The City has approved the construction of a 77-unit affordable multi -family housing community consisting of two residential buildings, a community building and tuck -under parking located at 28715 Las Haciendas. Community HousingWorks (CHW), the developer, has closed their interest list to the public, the lottery has taken place, and the property management company ConAm Management is working on getting future tenants approved before the move in date. The project is currently under construction in Uptown Jefferson. (URIAS) Old Town Temecula Town Homes: The City is reviewing a Development Plan application for the construction of 14 multi -family residential units on the vacant .68-acre parcel located at 42146 Sixth Street. (CARDENAS) Habitat (6) Homes Affordable Project: The City has approved and executed the Disposition and Development agreement for the construction of six (6) homes that will be available for purchase to families that qualify under low income or very low-income homebuyer income qualifications. The developer is Habitat for Humanity Inland Valley, Inc., a California nonprofit developer. Escrow closed September 13, 2023. Habitat will work with the planning department to submit a pre -application. (URIAS) Request For Proposal (RFP) of the Jefferson Ave/Uptown Vacant Parcel: The City is working on starting the process to RFP the vacant parcel located in Uptown on Jefferson Avenue to the South of the French Valley Interchange exit. This parcel has an Affordable Housing Overlay Zone and The City plans to build affordable housing on this parcel. (URIAS) BUILDING & SAFETY Building and Safety statistics for October 2023 are highlighted in the following table. Ruilding & Safety Statistics Octobcr Permits 354 New Single Family Units Acres sonr avelling Units (ADLr) 0 New Commercial Building W Photo -voltaic - SotarAPP— •jh:= pe=u - 23 Photovoltaic 1W 101 Tenant Impfovement 11 an Constriction C of O 39 Number of Active Plan Checks 204 Number of New Plan Cheelm -umber of Finaled Permits 333 Inspections 4804 Inspections Per Da,- 218 Inspections Pef Person Pef Day Stops PerMo_rth 1389 Vi3ltors tx) Counter 889 Non -Construction Certificate of Occupancy ❑ The Jerk Jamaican Eatery (1,200 SF) ❑ Michael's Market (2,050 SF) ❑ Hibachi buffet (7,185 SF) Tenant Improvement ❑ City Hall - New Office Area for Code Enforcement Officers and Fire Management Office (496 SF) ❑ 85 Degree Bakery (Inside 88 Ranch Market) (4,584 SF) ❑ PUPTQE (Pet Boutique) (1,412 SF) CODE ENFORCEMENT During the month of October, Code Enforcement responded to 80 web inquiries. In addition, the division opened 110 code cases, conducted 309 regular inspections and forwarded 39 referrals. Code Enforcement Statikics October Abandoned or Inoperable Vehicle 1 Vacant Home f Prop_ Maintenance -Infestation Mold 19 Business or Home Occupation w. o license CUP 10 Trash and Debris i Dumping S Overgrown'`ozetation ." Needs . Fire Hazard 17 Green Pool:: Vector Co 11 Stagnant Water Graffiti 6 No Be Nuisance Animal Control Trailer. R" stored Boat'Farkvsg 9 Construction wra Pernut'Buildintr Code Encroach Public ROW . Trash Cans 7 oning igns 14 Public Safety- & Health 1 Total Number of Cases kk- Foreclosure Tracking: Code Enforcement works with the local real estate community to monitor foreclosures, defaults and real estate owned properties. Foreclosure Statistics ber Residential- Default 31 Residential - Foreclosure Residential - REO 11 Total - Residential Commercial - Default 0 Commermal - Foreclosure 1 Commercial - REO 0 Total - Commercial 1 ATTACHMENT: Current Planning Activity Report PLANNING ACTIVITY REPORT Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA23-0381 41845 6Th St 921-070-024 Jaime Cardenas 10/02/2023 10/20/2023 Caroline Hoelzle CITY OF PL Bingo Approved Temecula, CA 92590 TEMECULA Case Title / Description: Senior's Golden Years: an annual Bingo License Application to allow for the Senior's Golden Years to operate at the Mary Phillips Senior Center located at 41845 6TH Street. PA23-0382 41892 Motor Car Pky 921-680-003 Yannin Marquez 10/02/2023 Carl Chrisman Diego of PL Modifications Plan Review Temecula, CA 92591 Temecula LLC Case Title / Description: Toyota of Temecula MOD: A Major Modification Application for anew 4182 square foot building and 7918 square foot canopy located at 41892 Motor Car Parkway. PA23-0383 29375 Rancho California Rd 944-330-015 Yannin Marquez 10/03/2023 Chansler SRA Ventures PL Temporary Approved Temecula, CA 92592 Skousen Use Permit Case Title / Description: Girls Day Out Market 2023 TUP: A Major Temporary Use Permit or a vendor market with 40 vendors with no outside food or alcohol on October 8, 2023, from 11:00 AM to 3:00 PM located on the east side parking lot of Oscars Brewing Company located at 29375 Rancho California Road. PA23-0384 31950 Pauba Rd 955-020-019 Scott Cooper 10/04/2023 KWC Engineers KWC Engineers Linfield Christian PL Modifications Plan Review Temecula, CA 92592 School Case Title / Description: Linfield Christian School Solar & Parking MOD: A Modification to expand the northern parking lot and maintenance facility yard and install solar canopies at the Linfield Christian School located at 31950 Pauba Rd. PA23-0385 26040 Ynez Rd 910-110-048 Yannin Marquez 10/04/2023 QC QC D&D 8 24 PL Temporary Approved Temecula, CA 92591 Manufacturing, Manufacturing, Use Permit Inc. Inc. Case Title / Description: Elisha Revolution TUP: A Major Temporary Use Permit application for an outdoor church service in a tent that will include a live church band from October 26, 2023, to October 29, 2023, from 5:00 PM to 10:00 PM located at 26040 Ynez Road. PA23-0386 28545 Felix Valdez Ave 921-281-006 Eric Jones 10/04/2023 Christopher Linda PL Reasonable Out Temecula, CA 92590 Campbell Lopez -Alvarez Accommodation Case Title / Description: Oak Meadows Recovery Home RA: A Reasonable Accommodation Application to allow for a woman's recovery facility. Patients will reside at the location. The project is located at 28545 Felix Valdez. Page 1 of 5 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA23-0390 40820 Winchester Rd , 1425 910-420-030 Yannin Marquez 10/09/2023 Taylor McKinney Temecula Towne PL Modifications Plan Review Temecula, CA 92591 Center Assoc Case Title / Description: D1 Training MOD: A Minor Modification Application to construct a new storefront and walkway for a new business located at 40820 Winchester Road, Suite 1425. PA23-0391 42500 Winchester Rd 909-370-045 Yannin Marquez 10/09/2023 Paul Irby EXETER 42500 PL Modifications Plan Review Temecula, CA 92590 WINCHESTER Case Title / Description: TMCA Winchester 1 CSG LLC MOD: A Minor Modification Application for the installation of 8,634 modules mounted on the roof of the existing industrial building and four (4) battery energy storage facilities on the west side of the building located at 42500 Winchester Road. PA23-0392 32943 Caminito Lorca 962-363-004 Yannin Marquez 10/10/2023 Michael (Mike) Michael (Mike) PL Modifications Approved Temecula, CA 92592 Strode Strode Case Title / Description: Strode Residence Balcony/Patio MOD: A Modification Application (Planning Review Only) for the construction of an attached 292 square foot balcony/patio, remove and replace a window at second floor with a sliding glass door and remove and replace an existing window with a tempered window at the rear of the residence located at 32943 Caminito Lorca. PA23-0394 43040 Margarita Rd 955-150-027 Yannin Marquez 10/11/2023 Kathleen PL Modifications Plan Review Temecula, CA 92592 Hermsmeyer Case Title / Description: River Springs Charter School Temecula MOD: A Modification Application (Planning Review Only) for the installation of 141'-3" x 29'-11 "steel canopy structure with 144 solar modules on the top of the structure located at parking lot of the existing building located at 43040 Margarita Road. PA23-0396 31434 Corte Madera 954-112-008 Yannin Marquez 10/12/2023 William Polo Ronald Kolveck PL Modifications Out Temecula, CA 92592 Case Title / Description: Kolveck Residence MOD: A Modification Application (Planning Review Only) to convert one of three car garage spaces into a habitable room that will require the removal of garage door to a window located at 31434 Corte Madera. PA23-0397 44501 Rainbow Canyon Rd 922-220-003 Yannin Marquez 10/13/2023 Kellie Stremme PECHANGA PL Wireless Out Temecula, CA 92592 RESORTS INC Antenna Facility Case Title / Description: Dish Wireless LLC WTF: A Wireless Telecommunication Facility Application (Planning Review Only) for the installation of three (3) antennas, two (2) concrete pads for one (1) 15 KW diesel generator, doghouse, and equipment cabinet located at 44501 Rainbow Canyon Road. PA23-0398 42660 Avenida Alvarado 909-290-069 Scott Cooper 10/13/2023 Mario Calvillo MS -MOUNTAIN PL Modifications Plan Review Temecula, CA 92590 VIEW Case Title / Description: MS Mountain View — Bldg. 12 MOD: A Modification (Planning Review Only) to a previously approved Development Plan (PA21-1470) to add one (1) access door and two (2) parking spaces located at 42660 Avenida Alvarado Page 2 of 5 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA23-0399 44054 Margarita Rd 959-090-015 Jaime Cardenas 10/16/2023 10/26/2023 Shawn Holgate REDHAWK PL Modifications Approved Temecula, CA 92592 PROP Case Title / Description: Sprouts Montessori Daycare MOD: a Modification Application to enclose the exterior patio for a future outdoor play area for Sprouts Montessori Daycare located at 44054 Margarita Road, Suite 1. PA23-0401 41662 Enterprise Cir North 909-282-009 Yannin Marquez 10/18/2023 John Johnson MENCI PROP PL Modifications Plan Review Temecula, CA 92590 Case Title / Description: River Springs Charter School Trash Enclosure MOD: A Modification Application (Planning Review Only) for the construction of a 483 square foot trash enclosure with a 575 square foot of roof located at the rear of the existing building located at 41662 Enterprise Circle North. PA23-0402 27345 Jefferson Ave 909-270-044 Yannin Marquez 10/18/2023 Melissa Hanson Andy PL Modifications Plan Review Temecula, CA 92590 Wongworawat Case Title / Description: Al Plastic Surgery Addition MOD: A Minor Modification Application for the addition of a 603 square foot office work area and 267 square foot storage area for the existing building located at 27345 Jefferson Avenue. PA23-0406 32633 Ritter Ct , 1 962-460-051 Yannin Marquez 10/19/2023 Derrick Fuqua Derrick Fuqua PL Modifications Applied Temecula, CA 92592 Case Title / Description: Fuqua Residence MOD: A Modification Application (Planning Review Only) for the installation of one new French door on the west elevation of the existing residence located at 32633 Ritter Court. PA23-0407 28381 Vincent Moraga Dr 921-281-021 Jaime Cardenas 10/19/2023 Alexis King Westcore Gemini PL Zoning or Approved Temecula, CA 92590 VM, LLC Planning Letter Case Title / Description: 28381 Vincent Moraga ZL: A Zoning Letter for the property located at 28381 Vincent Moraga Drive (APN 921-281-021). PA23-0408 41980 Winchester Rd 909-310-072 Yannin Marquez 10/23/2023 Paul Irby EXETER 41980 PL Modifications Plan Review Temecula, CA 92590 WINCHESTER Case Title / Description: TMCA Winchester 2 CSG LLC MOD: A Minor Modification Application for the installation of 1.6 MWac PV Community Solar array on the existing building with associated 6.2 MWh battery energy storage system placed at grade level located at 41980 Winchester Road. PA23-0410 42684 Avenida Alvarado 909-290-049 Scott Cooper 10/24/2023 10/31/2023 Mario Calvillo MS -MOUNTAIN PL Modifications Approved Temecula, CA 92590 VIEW Case Title / Description: MS Mountain View — Bldg. 14 MOD: A Modification (Planning Review Only) to a previously approved Development Plan (PA22-0593) to revise the pedestrian access to the right of way located at 42684 Avenida Alvarado. Page 3 of 5 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA23-0412 27941 Jefferson Ave 921-050-021 Scott Cooper 10/26/2023 Jason Mastriana AMERCO REAL PL Modifications Approved Temecula, CA 92590 ESTATE CO Case Title / Description: U-Haul Trash Enclosure MOD: A Modification to add a new trash enclosure to service both the existing and proposed facilities. The project is located at 27941 Jefferson Avenue. PA23-0414 28588 Old Town Front St 922-033-021 Eric Jones 10/26/2023 Jose Bahena Ronald Darling PL Temporary Plan Review Temecula, CA 92590 Use Permit Case Title / Description: Kalaveras Grand Opening TUP: A Temporary Use Permit to allow anew restaurant to hold a grand opening celebration. The project is located at 28588 Old Town Front Street. PA23-0415 40820 Winchester Rd 910-420-030 Yannin Marquez 10/26/2023 Jeffrey Kurtz Temecula Towne PL Sign Program Plan Review Temecula, CA 92591 Center Assoc Case Title / Description: Promenade Mall SP: A Sign Program Amendment Application for the existing Promenade Mall Sign Program (#102) to include sign stacking for the businesses located at 40820 Winchester Road. PA23-0416 40665 Winchester Rd 910-290-006 Yannin Marquez 10/27/2023 Winchester PL Massage Plan Review Temecula, CA 92591 Marketplace Permits Case Title / Description: Hand and Stone Massage and Facial Spa MEP: A Massage Establishment Permit (renewal and change of name) for Hand and Stone Massage and Facial Spa located at 40665 Winchester Road, Suite B-3. PA23-0417 27941 Jefferson Ave 921-050-021 Yannin Marquez 10/27/2023 Brian Seitel RV Supercenter AMERCO REAL PI -Temporary Plan Review Temecula, CA 92590 ESTATE CO Use Permit Case Title / Description: RV Supercenter TUP: A Major Temporary Use Permit Application to allow sales of new and used RV's for the duration of one year from the approval date. The business operations are Monday through Sunday from 9:00 AM to 6:00 PM located at 27941 Jefferson Avenue. PA23-0418 28936 Old Town Front St, 106 922-120-012 Yannin Marquez 10/27/2023 Temecula, CA 92590 Case Title / Description: Release Muscle Therapy MEP: A Massage Establishment Permit (Renewal) for Release Muscle Therapy located at 28936 Old Town Front Street, Suite 106. PA23-0419 959-321-049 Eric Jones 10/30/2023 Temecula, CA 92592 Case Title / Description: Paseo Del Sol Tree Removal MOD: A Modification Application to remove trees that are damaged, diseased, or causing property damage. The project is generally located along the north side of Temecula Parkway east of the Temecula Parkway and Meadows Parkway intersection. Sam Visnic 28936 Old Town PL Massage Plan Review Front, LLC Permits John Thorpe Paseo Del Sol PL Modifications Plan Review Master Assn Page 4 of 5 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA23-0422 31709 Temecula Pky 961-080-004 Jaime Cardenas 10/31/2023 Abdul Salehi Abdul Salehi PL Modifications Plan Review Temecula, CA 92592 Case Title / Description: 31709 Temecula Pkwy Trash Enclosure MOD: a Modification Application to retrofit the trash enclosure located at 31709 Temecula Parkway to be code compliance. PREAPP23-0 26155 Ynez Rd 910-271-010 Scott Cooper 10/02/2023 Brian Herbert Ynez Acres PL Plan Review 380 Temecula, CA 92591 Pre -Application Case Title / Description: The Shops at Temecula Pre-App: A Pre -Application for the development of eight (8) buildings including retail, fast food, fitness, and carwash located on five (5) vacant parcels totaling 14.36 acres approximately 1000 square feet north of Winchester Road and Ynez Road intersection. PREAPP23-0 39960 Calle Girasol 957-150-018 Yannin Marquez 10/12/2023 10/26/2023 Matt Bench YINGCHAO PL Cancelled 395 Temecula, CA 92591 XIAO Pre -Application Case Title / Description: Bench Manufactured Home DP Pre-App: A Pre -Application for a Development Plan to install a new 1,300 square foot manufactured family on a vacant lot located at 39960 Calle Girasol. PREAPP23-0 921-020-067 Eric Jones 10/23/2023 11/02/2023 Kevin Kohan STEPHEN PL Completed 409 Temecula, CA CAVADIAS Pre -Application Case Title / Description: Temecula Business Park Pre-App: A Pre -Application to review two warehouse buildings totaling approximately 109,801 square feet. The project is generally located on the southwest corner of Business Park Drive and Rancho Way. PREAPP23-0 944-330-008 Eric Jones 10/26/2023 Josh Barrett TARA PL Plan Review 413 Temecula, CA HOLDINGS INC Pre -Application Case Title / Description: Teirra Vista Townhouses Pre-App: A Pre -Application to review 34 attached three-story residential condo units. The project is generally located approximately 100 feet west of the Ynez Road and Tierra Vista Road intersection (APN: 944-330-008) Page 5 of 5 Item No. 19 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: John Crater, Division Chief DATE: November 28, 2023 SUBJECT: Fire Department Monthly Report PREPARED BY: RECOMMENDATION: Report. Wendy Miller, Management Analyst That the City Council receive and file the Fire Department Monthly M •M 5aeticns CITY OF TEMECULA FIRE DEPARTMENT Operations I Prevention I Training I Emergency Management K0TFuHFu;u-j WMF= --S- .... ... ... ... !IT, 1TW IMUM I 7 EnjrEs lLSAR I 2TrLck I 1EE4d Ftoeticn- 12,94 0CrCER0lLB93*UDM TYPE ITE # GaMMA-RFE 1 Ti�MCMU9(N 71 Fres ------ - rvtLT-FPWYRFE -i;o5i' .1 N/EDCA-�LY 644 FEBEMA-RF;E 3— (I-ERM931UND-S 4 1� R-BJCPSSSF 45 ffi R R 2023". 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JAL TUC Fri —`l R FLft 9JTCRM U COVERED' ■� , ■ t• :•::• �ti ::• • i.1 •, i ' PctiwAicrso e • MD..._-LyFbntLrsaTErt Paiega Pakgea M. :11-Cr .� a Ce� • Hola-d Fire CITY OF TEMECULA FIRE DEPARTMENT Operations I Prevention I Training I Emergency Management I R 12111 No VA Ma : .0 b 1 14,11 : Ask I %� III • I t� • • :• 1 ,• : • • • �� ,•ly Item No. 20 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Chris Durham, Captain DATE: November 28, 2023 SUBJECT: Temecula Sheriff's Monthly Report (October 2023) PREPARED BY: Chris Mattson, Sergeant RECOMMENDATION: That the City Council receive and file monthly report. The following report reflects the Temecula Sheriff's Station activity for October 2023. PATROL SERVICES Overall calls for police service.................................................................................................5,996 "Priority One" calls for service......................................................................................................66 Average response time for "Priority One" calls.........................................................................6.17 VOLUNTEERS Chaplain....................................................................................................................................95.50 Community Action Patrol (CAP) hours..................................................................................741.40 Reserve officer hours (patrol)..........................................................................................................0 Explorer...................................................................................................................................178.70 Station/Administration ...................................................................................................................19 Total Volunteer hours..........................................................................................................1,033.70 OLD TOWN STOREFRONT Total customers served.....................................................................................733 Fingerprints/Live Scan.....................................................................................193 Policereports filed..............................................................................................5 Citationssigned off..........................................................................................13 Totalreceipts...........................................................................................................................$8,037 CRIME PREVENTION Crime prevention/Neighborhood watch meetings...........................................................................0 Safety presentations/Training................................................................................0 Specialevents...................................................................................................................................5 Residential/Business security surveys conducted............................................................................0 Residences/Businesses visited for past crime follow-up.................................................................0 StationTours....................................................................................................................................0 Planning Review Projects.......................................................................................3 Temp Outdoor Use Permits....................................................................................8 SPECIAL TEAMS (CORE) ReportsWritten...............................................................................................35 Onsight felony arrests.....................................................................................................................0 On sight misdemeanor arrests................................................................................6 Felony arrest warrants served.................................................................................3 Misdemeanor arrest warrants served .............................................................................................14 AreaChecks.....................................................................................................50 CampChecks................................................................................................................................24 PedestrianChecks.....................................................................................................42 Traffic Stops/Vehicle Checks..................................................................................................... 0/2 Outreachattempts / Success...................................................................................................... 21/2 SPECIAL TEAMS (Metro District Team) Onsight, felony arrests.......................................................................................6 On sight, misdemeanor arrests.......................................................................................................10 Felony arrest warrants served..........................................................................................................4 Misdemeanor arrest warrants served .............................................................................................58 Bar/Business checks......................................................................................................................40 D.U.I. Arrests ... ............................................................................................................................... I Traffic/Parking citations.............................................................................................................108 FirearmsSeized................................................................................................ I SPECIAL TEAMS (Special Enforcement Team) Onsight felony arrests......................................................................................................................6 On sight misdemeanor arrests...........................................................................................................6 Felony arrest warrants served...........................................................................................................0 Misdemeanor arrest warrants served................................................................................................9 Follow-up investigations/search warrants.....................................................................6 Parole/Probation Searches...............................................................................................................2 PedestrianChecks...................................................................................................2 Traffic Stops/Vehicle Checks.....................................................................................................34/3 Marijuana Dispensary Checks.........................................................................................................0 ROBBERY/BURGLARY SUPPRESSION TEAM BeginningCaseload.......................................................................................................................83 TotalCases Assigned....................................................................................................................17 TotalCases Closed........................................................................................................................12 Search Warrants prepared/served.................................................................................................22 Arrests..............................................................................................................................................6 Outof Custody Filings............................................................................................5 TRAFFIC Citations issued for hazardous violations....................................................................................823 Non -hazardous citations...............................................................................................................181 Parkingcitations...........................................................................................................................132 Stop Light Abuse/Intersection Program (S.L.A.P.) citations.........................................................74 Seatbelts.........................................................................................................................................18 CellPhone Cites...........................................................................................................................272 Injurycollisions.............................................................................................................................29 D.U.I. Arrests.................................................................................................................................21 Grant -funded D.U.I. Traffic safety checkpoints/saturation enforcement........................................0 Grant -funded traffic click it or ticket/traffic enforcement..............................................................0 INVESTIGATIONS BeginningCaseload.....................................................................................................................134 TotalCases Assigned....................................................................................................................35 TotalCases Closed........................................................................................................................54 Search Warrants prepared/served.................................................................................................30 Arrests..............................................................................................................................................5 Outof Custody Filings..........................................................................................17 Sex Offenders Processed....................................................................................13 PROMENADE MALL TEAM Callsfor service...........................................................................................................................234 Felonyarrest/filings.........................................................................................................................3 Misdemeanor arrest/filings............................................................................................................15 TrafficCitations................................................................................................0 Total customers served................................................................................................................852 Fingerprints/Live Scans...............................................................................................................208 Totalreceipts............................................................................................ $7,699 SCHOOL RESOURCE DEPUTIES Felonyarrest.....................................................................................................................................0 Misdemeanor arrests......................................................................................................................16 Reports...........................................................................................................................................43 Citations.........................................................................................................................................51 Meetings/Presentations................................................................................................................183 Item No. 21 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: November 28, 2023 SUBJECT: Public Works Department Monthly Report RECOMMENDATION: That the City Council receive and file the Public Works Department Monthly Report for Capital Improvement Projects, Maintenance Projects, and Land Development Projects. This report may also be viewed on the City's website at: hl!p://temeculaca.gov/270/Cgpital-improvement-Projects-CIP ATTACHMENT: Project Status Report City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT November 28, 2023 CAPITAL IMPROVEMENT PROJECTS CIRCULATION PROJECTS Cherry Street Extension & Murrieta Creek Crossing, PW19-15 Description: Preliminary design of the Extension of Cherry Street from Adams Avenue to Diaz Road, including a new crossing of Murrieta Creek. Cost: $37,831,090 Status: The City has received a general plan for a two -span bridge and a general plan for a bridge with a 500-foot long viaduct. Environmental agencies have stated that a low -flow crossing is a non -starter. The two -span bridge will exacerbate flooding. Consultant is preparing 30% preliminary design drawings of 2-span bridge. Completion of this preliminary phase is anticipated in December 2023. Diaz Road Expansion, PW17-25 Description Improve Diaz Road to meet the roadway classification of Major Arterial (4 Lanes Divided), between Cherry Street and Rancho California Road. The 2.2-mile stretch will be widened, extended, and/or improved to create a contiguous Major Arterial segment. The project will be developed and constructed in two phases. Phase 1 will include improvements on Diaz Road from Winchester Road to Rancho California Road. Phase 2 will include improvements on Diaz Road from Cherry Street to Winchester Road. Cost: $14,255,991 Status: The environmental Initial Study has been approved, Mitigated Negative Declaration adopted, and Notice of Determination filed in May 2022. Design is 90% complete. Regulatory permit applications have been submitted for USACE 404 Nationwide Permit and CDFW Streambed Alteration 1602. Current activities include consultant review of 90% plan check comments, design coordination with utility purveyors (SCE, RCWD, and EMWD) and City project PW16-05 Murrieta Creek Bridge at Overland Drive, Riverside County Flood Control review of 90% design plans and Encroachment Permit application, and preparation of regulatory permit applications for SWRCB 401 Water Quality Certification and USACE Section 408. Construction previously anticipated to start in Spring of 2023 is now delayed to Spring/Summer of 2024 due to EMWD sewer line project on Diaz Rd starting construction in Q2 of 2023. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT November 28, 2023 CIRCULATION PROJECTS (Continued) French Valley Parkway/Interstate 15 Improvements- Phase 11, PW16-01 Description: Design and construction of the two-lane northbound collector/distributer road system beginning north of the Winchester Road interchange on -ramps and ending just north of the Interstate 15/Interstate 215 junction with connection to Interstate 15 and Interstate 215. Cost: $138,736,346 Status: Project is under construction May 2023 — May 2025. For detailed information, please visit the project website at TemeculaCA.gov/FVP2. 1-15 Congestion Relief, PW19-02 Description Design and construction of a single auxiliary lane, northbound Interstate 15 connecting the Temecula Parkway on -ramp to the Rancho California Road off -ramp. Cost: $8,971,710 Status: Engineering Support and Construction Management contracts were awarded on October 10, and November 14, 2023. Construction Bids were opened November 2, 2023. Estimated contract award on December 12, 2023. Construction duration will be approximately 7 months with a target start of February 2024. Murrieta Creek Bridge at Overland Drive, PW16-05 Description: Design and construction of a new bridge crossing over Murrieta Creek between Rancho California Road and Winchester Road. Cost: $26,073,374 Status: The City applied and was approved to receive Federal Highway Bridge Program (HBP) funds. City Council approved the design agreement with CNS Engineers Inc. at the March 12, 2019, meeting. Preliminary Environmental Study (PES) approved by Caltrans on August 15, 2019. Plans are 65% complete. RCA JPR Conformance is approved. Biological monitoring in Temecula Creek for potential mitigation site is complete as of July 2021. Project has received MSHCP conformance. Staff continues to work with Caltrans to advance HBP Grant Funds to earlier fiscal years. Caltrans HBP Program management had proposed reducing the curb -to -curb width of the bridge that is considered "participating" for grant funding purposes. Staff has been able to address this issue with Caltrans and the majority of the bridge width will remain as a participating cost. 2022 HBP Bridge Update was submitted in August. NEPA approval is anticipated in October 2023, Caltrans review time has been longer than anticipated. Construction start is anticipated mid to late 2025 depending on availability of HBP funds. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT November 28, 2023 CIRCULATION PROJECTS (Continued) Overland Drive Widening, PW 20-11 Description This project includes widening Overland Drive from Jefferson Avenue to Commerce Center Drive, to two lanes in each direction, and the completion of missing segments of sidewalk, streetlights, and installation of the traffic signal at Commerce Center Drive and the modification of the traffic signal at Jefferson Avenue. Cost: $2,894,420 Status: 90% plan check submittal package was submitted in July 2023 and it has been reviewed by staff. Environmental documents submittal pending. Pavement Rehabilitation Program — Ynez Road, Solana Way, Nicolas Road and Winchester Road, PW 21-10 Description: Pavement rehabilitation project on Ynez Road, Solana Way, Nicolas Road and Winchester Road. Pavement rehabilitation includes full width and/or edge grinding of existing asphalt, localized dig outs, preparation of grade, and placement of rubberized asphalt concrete pavement. Work also includes reconstruction of ADA curb ramps, removal and replacement of curb and gutter, adjustment of existing utilities to grade, installation and removal of temporary video detection and restoration of existing striping, and detector loops. Cost: $4,796,426.16 Status: Project is complete, finalizing last Contract Change Order. Anticipating to file Notice of Completion in November 2023. Rainbow Canyon Road Pavement Rehabilitation, PW22-15 Description Design and construction of pavement rehab for Rainbow Canyon Rd from Pechanga Parkway to southern City Limits. Cost: $2,900,000 Status: The design consultant, SB&O, will be submitting first draft of final design 11/10/23. Construction anticipated to begin in spring 2024. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT November 28, 2023 CIRCULATION PROJECTS (Continued) Rancho California Road Median Improvements, PW23-04 Description: Design and construction of missing raised concrete medians with landscaping between Humber Drive and Butterfield Stage Road. In addition, there will also be construction of missing improvements on the north side of Rancho California Road, between Riesling Court and Promenade chardonnay Hills. The improvements will include median curbs, curb and gutter, sidewalks, and landscape and irrigation. Cost: $3,855,000 Status: RFP is being drafted. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT November 28, 2023 INFRASTRUCTURE PROJECTS Bike and Trail Program — Great Oak Trail Lighting, PW21-16 Description: Project includes the installation of solar lights along the Great Oak Trail adjacent to the northeast side of Pechanga Parkway from Deer Hollow Way to Loma Linda Road. Cost: $828,600 Status: Project is currently in design. Citywide Drainage Master Plan, PW19-16 Description: Project will prepare a report that shows all drainage courses within the City. Also includes a master hydrology study showing the anticipated storm flows at build -out. Cost: $600,000 Status: GIS database has been 90% updated and is being used by staff. Consultant is working on citywide hydraulic model, to be completed by December 2023. The next step is to have the consultant propose CIP projects to address any drainage deficiencies. Citywide Slurry Seal FY2022-23, PW23-16 Description: The Citywide Slurry Seal Program - Fiscal Year 2022-23 is an annual project that will utilize slurry to seal the project roadways against water intrusion and deterioration of the asphalt concrete pavement wearing surface. This year's project location is in Rancho Vista, Los Ranchitos, and Rancho Vista East areas. Cost: $2,460,421.82 Status: Project was publicly bid from 8/31-9/19. Construction contract was awarded at the 10/10/2023 City Council Meeting. The Notice to Proceed was signed on 10/11 and construction began. The slurry seal placement is anticipated to begin mid -November. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT November 28, 2023 INFRASTRUCTURE PROJECTS (Continued) Citywide Concrete Repairs FY2022-23, PW23-17 Description: The Citywide Concrete Repairs is an annual maintenance project to repair various concrete facilities within the City's public right-of-way. The Department of Public Works, Maintenance Division surveys the City and compiles a list of the improvements that are in need of repair. This year's project will remove and replace curb & gutter, sidewalk, access ramps, driveways, cross gutters, and under sidewalk drains at more than one hundred and six (106) locations. In addition, an added alternate concrete repair area for this project is located at the Community Recreation Center (CRC) parking area. Cost: $350,068.70 Status: Project was publicly bid from 8/31/20-9/19/23. Construction contract was awarded at the 10/10/2023 City Council Meeting. Construction is anticipated to begin mid -November. Community Recreation Center (CRC) Renovations, PW19-07 Description: The project facilitates the rehabilitation, improvement, and reconfiguration of the Community Recreation Center. This project includes expansion and reconfiguration of teen center; conversion of office space to accommodate a dedicated police substation; renovation of key components of the building including safety features, flooring, roof, and restroom facility access; ADA compliance; renovation and expansion of existing office space and rec rooms including AV upgrades; expanded storage space and upgraded kitchen equipment. Cost: $10,708,232 Status: The facility was opened to the public mid -June, 2023. Design for Phase 2 started in February 2023. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT November 28, 2023 INFRASTRUCTURE PROJECTS (Continued) Fiber Optic Communications Systems - Citywide (System Master Plan), PW 22-03 Description: This project will develop a communications masterplan that will provide a strategic plan outlining the approach and buildout design of fiber optic cable and conduit throughout the City. The masterplan document will provide a roadmap to connect all existing and future traffic signals, traffic monitoring devices, surveillance cameras, and City facilities to City -owned fiber communication lines. The ultimate project goal is to enhance the City's existing fiber optic communication system to ensure it can handle the future needs of the City. Cost: $120,150 Status: The project has just commenced, and the consultant is working on an existing systems assessment. Documents are being developed. Anticipate completion by the end of 2023. Fire Station 73 Gym/Garage, PW19-13 Description: Project consists of adding a second garage in the rear of the property to park the squad and Urban Search and Rescue (USR) vehicle, along with a gym and storage rooms. The construction is anticipated to be completed in the Fiscal Year 2024-25. Cost: $3,477,515 Status: Architect has prepared a schematic design and exterior rendering, which was reviewed by the Fire Department. The consultant has started developing construction plans. Construction is anticipated for Spring 2024. Fire Station 84 Renovation, PW19-14 Description: This project includes the design, construction, and renovation to Fire Station 84. The renovations include, adding a Wellness Room, expanding the Storage Room, and upgrading the Training Room. Also, the upgrades include, electrical, windows, flooring, paint, tile, HVAC, cabinets, plumbing fixtures, garage bay doors and any necessary improvements needed to conform to ADA accessibility access. Cost: $1,641,028 Status: Preparing a phasing plan that will allow the Fire personnel to maintain their occupancy of the building during construction. After that, plans and specifications will be revised by end of 2023, anticipate to re -advertise the project in early 2024. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT November 28, 2023 INFRASTRUCTURE PROJECTS (Continued) Interstate 15 / State Route 79 South Interchange Enhanced Landscaping, PW17-19 Description: Landscape beautification of the Interstate 15 corridor between French Valley Parkway and Temecula Parkway, including each interchange, in association with Visit Temecula Valley and the Pechanga Tribe. This project includes the design and construction of enhanced landscaping, hardscape, and irrigation between the freeway and ramps on the west side of the Interstate 15 / State Route 79S (Temecula Parkway) interchange. Cost: $3,558,483 Status: Design and environmental studies August 2019 — July 2023. Caltrans is currently reviewing 100% plans. Estimated construction start in March 2024. Margarita Recreation Center, PW17-21 Description: Demolition and Reconstruction of New Margarita Recreation Center Building and Pool Cost: $12,601,508 Status: The Design -Build Contract was awarded at the March 9, 2021, City Council Meeting to De La Secura Builders, Inc., for a Guaranteed Maximum Price of $8,680,459.00. Major demolition activities commenced mid -March 2022. City Groundbreaking occurred on March 31, 2022. Roofing is near complete. Contractor is currently installing millwork inside the building and working on pool.. Anticipate building to have permanent power installed by July 21, 2023. Due to unforeseen supply issues with major components of the main building electrical system and gas service, the scheduled grand opening is now December 2023. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT November 28, 2023 INFRASTRUCTURE PROJECTS (Continued) Mary Phillips Senior Center Outdoor Recreational Area, PW22-08 Description: The project includes the design and construction of a shuffleboard court area adjacent to Mary Phillips Senior Center. In addition, the HVAC units will be replaced. Cost: $650,000 Status: Grand Opening was held on 11/15/2023. Sidewalks — Citywide (Ynez Road, Rancho Highland to Tierra Vista Road), PW17-28 Description: New sidewalks on the west side of Ynez Road from Rancho Highland to Tierra Vista Road. Cost: $164,997 Status: ADA Access Ramps have been revised and currently being reviewed. The project is scheduled to be advertised for construction bids in December 2023. Sidewalks — Citywide (Pauba Road, Elinda Road to Showalter Road), PW 19-20 Description: New sidewalks and street widening on the South side of Pauba Road from Elinda Road to Showalter Road. Cost: $639,295 Status: Project is at 95% design stage. Consultant submitted 95% plans in late October 2023. Plans are currently being reviewed. Anticipated to be completed by end of year. Sidewalks - Old Town Improvements - South Side of Sixth Street (Old Town Front Street to Mercedes Street), PW22-16 Description: This project involves adding and improving sidewalk on the south side Sixth Street in Old Town from Old Town Front Street to Mercedes Street. The improvements include adding sidewalks, rolled curb and gutter, streetlights, and trees in accordance with the Old Town Specific Plan. Cost: $591,194 Status: This project is at the 95% design stage. The Consultant is finalizing the plans and specifications. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT November 28, 2023 INFRASTRUCTURE PROJECTS (Continued) Sidewalks - Old Town Improvements - Additional Streetlights on Moreno Road and Mercedes Street (East of Old Town Front Street), PW22-17 Description: This project involves eight additional old town streetlights for Moreno Road and Mercedes Street. The tree existing streetlights will be removed and replaced with the proposed decorative streetlights to match the old town aesthetic. Cost: $175,337 Status: Project was publicly bid from 9/19 to10/5. Construction contract is scheduled to be awarded at the 10/24/2023 City Council Meeting. Construction is anticipated to begin mid -November. Utility Undergrounding - Citywide - Power Pole Serving 28551 and 28561 Old Town Front Street (Between Fifth and Fourth Street), PW22-18 Description: This project includes undergrounding the power pole serving 28551 and 28561 Old Town Front Street with the goal of beautifying Old Town. Cost: $20,000 Status: We are currently working with the property owner and City Attorney's office to create a Right of Entry Agreement to complete the work involved with undergrounding the electrical service and removing the power pole. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT November 28, 2023 PARKS AND RECREATION PROJECTS Community Recreation Center Splash Pad & Shade Structures, PW21-07 Description: This project provides for the conversion of the CRC's wading pool into a splash pad, and the addition of shade structures in the area. Cost: $1,100,000 Status: Construction contract is out to bid. Bid Opening is scheduled for November 30, 2023. Dog Park Renovation, PW21-14 Description: Design and construct a dog park including a small dog pen and large dog pen at Michael "Mike" Naggar Community Park. Cost: $1,040,000 Status: The City received additional funding through American Rescue Plan Act (ARPA) on July 26, 2023. Contract documents are under review. Murrieta Creek Improvements — Trail Lights, PW21-13 Description: This part of the project involves installing 27 solar lights along the Murrieta Creek trail on the east side of the creek from Rancho California Road to First Street. Cost: $200,000 Status: Riverside County Flood Control Permit submitted as of January 4, 2023. A US Army Corps of Engineers (USACE) 408 permit is required and an application has already been submitted Park Restroom Renovations, Expansion and Americans with Disabilities Act (ADA), PW17-06 Description: Renovation of various park site restroom facilities, including Ronald Reagan Sports Park North/South Ball Field (new roof, cabinets, fixtures, and other building improvements), Vail Ranch Park and Long Canyon Creek Park. Cost: $1,127,800 Status: Project is ongoing. Ronald Reagan Sports Park North/South Ball Field Restroom building is currently in the design phase and the project will be advertised for construction bids in Fall 2023, with construction in Winter 2023/34. Vail Ranch Park, PW23-06, and Long Canyon Creek Park, PW23-18, are in the scoping phase. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT November 28, 2023 PARKS AND RECREATION PROJECTS (Continued) Ronald Reagan Sports Park Skate Park, PW22-07 Description: Remove and replace the existing skate park and install state-of-the-art skate plaza elements Cost: $4,060,000 Status: Project is in the conceptual design stage. Pickleball Courts, PW21-03 Description: Design and construct new, dedicated pickleball courts at Ronald Reagan Sports Park. Cost: $3,300,878 Status: Project is at 90% design stage. Construction bidding is anticipated to be early 2024. Playground Equipment Enhancement and Safety Surfacing Description: Re -design, enhancement of playground equipment, and safety surfacing to comply with current state and federal regulations and enhance the quality of the parks. Cost: $1,477,649 Status: New themed playground equipment will be installed in four parks in Fall 2023. These parks are: Redhawk Community Park, Calle Aragon Park, Temecula Creek Trail Park, and Long Canyon Creek Park Ronald Reagan Sports Park Hockey Rink, PW22-06 Description: This project will include the renovation of the existing hockey rink to install new flooring material, arena style roof structure, bleachers, and various ADA compliance improvements. Cost: $2,085,000 Status: The City recently received submittals from two design build teams that responded to the RFQ posted on PlanetBids. In the near future, the City will post a RFP on PlanetBids for the two design build teams to respond to. Design is anticipated to begin Q1 2024. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT November 28, 2023 LAND DEVELOPMENT OVERSIGHT PROJECTS American Tire Depot Description: A 7,303 square foot building to be used for tire retail and repair, as well as minor auto repair services, located at the southwest corner of Ynez Road and DLR Drive. Status: Parking lot has been paved. Wet utility tie-in construction has commenced. Arrive @ Rancho Highlands Description: A 270-unit multi -family community built on 12.32 acres that includes 55 affordable units. The project is located adjacent to the Temecula Duck Pond approximately 775 feet southeast of Rancho California Road on the north side of Ynez Road. Status: Grading and onsite storm drain permits were issued in October 2021. Grading and onsite storm drain construction has commenced. Overflow parking lot has been paved. Heirloom Farms Description: A Development Plan for a 321-unit single family residential community built on 27.86 acres consisting of detached homes and attached townhomes located on the southwest corner of Date Street and Ynez Road. Includes the installation of a new Traffic Signal at the intersection of Ynez Rod and Waverly Lane/Temecula Center Drive. Status: Rough grading permit has been issued in July 2021, the offsite and private onsite street and storm drain improvements permits were issued in October 2021 and the traffic signal permit was issued in September 2021. Precise grading is approved and in progress. Street Improvements in progress. Las Haciendas Apartments Description: A Development Plan to construct a 77-unit affordable housing project located at 28715 Las Haciendas Street in Uptown Temecula. Status: Precise grading permit was issued in December 2021. Grading has commenced in January 2022 and is ongoing. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT November 28, 2023 LAND DEVELOPMENT OVERSIGHT PROJECTS (Continued) Mountain View Description: Thirteen industrial buildings on Avenida Alvarado Status: Thirteen precise grading permits have been issued and construction has commenced. Improvements on Avenida Alvarado, along with street light installations is in process. Onsite storm drain installation has commenced. Solana Assisted Living Description: A 90,000 square foot, two-story, Senior Assisted Living Facility located on the southeast corner of the Margarita Road and Solana Way. Status: A rough grading permit was issued in January 2022. Grading began on February 7, 2022. Street improvements and precise grading plans are near approval. Sommers Bend Description: Land Development has provided oversight of the following submittals for plan check and inspections: final maps, Community Sports Park, and recreation lots, precise grading; street and storm drain improvements; traffic signals; street lighting; and signing & striping. Status: The mass grading permit was issued in September 2018. Sommers Bend has been paved with streetlights installed. The community sports park, Ranch at Sommers Bend, construction is complete and has been accepted at the February 8, 2022, Council Meeting. The Sommers Bend recreation center construction is complete. Installation of streets, storm drains and streetlights on east end of project is in process. Grading has been completed in the Density Core, currently installing sewer. Installation of Santa Gertrudis Creek Channel improvements northwest end of project is in process. REQUESTS TO SPEAK REQUEST TO SPEAK CITY OF TEMECULA 1989it" /// /Date: Public Comment: Non-Agenda Item: T 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 prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. ]Name: L_. w/ r(d ��/" �-VN4-f 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 46400, ivsv Date: 11 9g t9L? 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 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: fl I SS CC- 86 y r be n Ott.Ott .S 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 iok• CITY OF TEMECULA 1989 Date: b -'? Public Comment: Non-Agenda Item: Agenda Item: l fit' Future Agenda Item: Item Description or Item No. (v c Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the reco�r_d� Name: 74-7- r?/)) �� G�f/ 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 i1/41 CITY OF TEMECULA 1989 Date: /7setd,.3 Public Comment: Non-Agenda Item: Agenda Item: II Future Agenda Item: , Item Description or Item No , h� 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. t - t //k Name: 6 / RENumber: 7 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 1989 Date: 1/ 0 g/0 - 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 prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record.i g e r J S f r 1 � v Name: -- / l �(i ) 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 A a. .,, CITY OF TEMECULA \.y 1989 Date: �-� ��5 Public Comment: Non-Agenda Item: Agenda Item: Future Agenda Item: Item Description or Item No. 1l 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 th speaker is called to speak, please come forward to the podium and state your name for the record. 0., k re�,� I li" WA/0( 1lName: V"\Cilili 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. 1.---....'"t �F"`�1. REQUEST TO SPEAK •,. �, CITY OF TEMECULA iltI/' 1. , 1989 - "" 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 prior to the City Council addressing that item. Once the speaker is called to speak, please clime forward to the podium and state your name for the record. } } Wl Name: �r)V H .� �� l .c, (-- ` 11 .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 1989 1(2 (9g 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 prior to the City Council addressing that item. Once the speake is called to speak, ple e come forward tq‘t.pi ppdium and state your name for the record. a t rba ra t'‘A ( Name: " v v` C ` 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. o 'i"fc,� REQUEST TO SPEAK fr. f� CITY OF TEMECULA ivxv Date: `,`" Public Comment: Non-Agenda Item: Agenda Item: Y, Future Agenda Item: Item Description or Item No. i 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: Ply/ii‘ Rti c Phone Number: � Address: - • —Thfi)P.ciAi4t, 59'. Email address: „" If you are representing an organization or group, please give the name: rid ereis oi' -41)e- ernrcrtil, L,' -': , Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. - r. " REQUEST TO SPEAK 1�� Y,.. CITY OF TEMECULA Aw ivKv _,: Date: '( --23 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 prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: %t(nC br ��tt t� V1 Phone Number: ( Address: Email address: - If you are representing an organization or group, please give the name: T,V 4 II- - Fcbevf-c —revt da .Pu L ftoYL-j Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. "t.'k"F�,,; REQUEST TO SPEAK t i. -" CITY OF TEMECULA 1/41220 ivxv) Date: // 9 1 Public Comment: Non-Agenda Item: Agenda Item: Future Agenda Item: Item Description or Item No. (861S'/N�SS Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. (*— Name: C-7-7-wz- ?' O' D ) Phone Number: Address: _ �? Email address: �/ If you are repre ntiing an organization or group, please give the name: / lf=7) C_ �e._ 4 f/ c_ c_ EY Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. �� ',"e�<< REQUEST TO SPEAK )7 , if .; CITY OF TEMECULA , Date: / / —a, 5 _ Public Comment: Non-Agenda Item: Agenda Item: y Future Agenda Item: Item Description or Item No. 4�S «/ SS I 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: (��>/`/�� A / Phone Number: Address: ` / Email address: ) If you are representing an organization or group, please give the name: .eI - � 4 c__ Li6_, ,7 1.„./4L(-( % Please note that all information presented at a City Council meeting becomes public record. All information provided is optional.