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HomeMy WebLinkAbout090997 CC AgendaIn 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 (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE SEPTEMBER 9, 1997- 7:00 PM 6:30 PM'- Closed Session of the City ·Counci! pursuant to Government Code Sections: 1. §54956.8, Conference ·with Real Property Negotiator; Property.:'42301 Zevo Drive; Negotiating Parties: City of Temecula and Four-Sher Development; Under negotiation: Terms and conditions of development agreement. At approximately 9:45 PM, the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 PM and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 PM. CALL TO ORDER: Prelude Music: Invocation: Flag Salute: ROLL CALL: PRESENTATIONS/ PROCLAMATIONS: Next in Order: Ordinance: No. 97-15 Resolution: No. 97-98 Mayor Patricia H. Birdsall presiding Amy Cisneros Rabbi Josef Germain, Congregation B'nai Chaim of Murrieta Mayor Pro Tem Roberts Ford, Linderoans, Roberts, Stone, Birdsall Presentation by Southern California Edison - Electric Industry Restructuring R:\Agenda\09997 1 PUBLIC COMMENTS A total of 30 minutes is provided so members of the public can address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk before the Council gets to that item. There is a five (5) minute time limit for individual speakers. 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 (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of August 4, 1997. R:~Agenda\09997 2 3 4 5 7 Resolution Approving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Report RECOMMENDATION: 4.1 Receive and file the City Treasurer's Report as of July 31, 1997. Tract Map No. 23371-6 (Located on the Northerly side of Rancho California Road between Margarita Road and Meadows Parkway) RECOMMENDATION: 5.1 Approve Final Tract Map No. 23371-6 subject to the Conditions of Approval. Summary Vacation of a Drainage Easement from South General Kearny Road to Margarita Road RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TE~ECULA SUMMARILY VACATING AN EASEMENT FOR DRAINAGE PURPOSES FROM SOUTH GENERAL KEARNY ROAD TO MARGARITA ROAD Funding for TVUSD Additional Busing Services RECOMMENDATION: 7.1 Appropriate $10,~00 from the General Fund Reserve to provide temporary busing services for Chaparral High School students during the construction along Margarita Road between Solana Way and Winchester Road. R:~Agenda~09997 3 8 Allocation of Funds for the Purchase of the City's GIS 9 RECOMMENDATION: 8.1 Authorize the purchase of hardware and software for the City's Geographic Information system (GIS) from the Environmental Systems Research Institute (ESRI) at a cost of 933,540, and that the City Manager execute the agreement in its final form. Sierra Permits System Upgrade RECOMMENDATION: 9.1 Authorize expenditure of funds in the amount of 922,172 to be used for upgrading the existing Sierra Software and all existing documents in the Sierra System to the Windows environment. 9.2 Appropriate 917,500 to the Information Systems Internal Services consulting account. 9.3 Authorize the City Manager to execute an Installation Agreement with Sierra in a final form approved by the City Manager and City Attorney. RECESS TO THE TEMECULA COMMUNITY SERVICES DISTRICT AND TEMECULA REDEVELOPMENT AGENCY MEETINGS R:\Agenda\09997 4 TEMECULA COMMUNITY SERVICES DISTRICT MEETING. Next in Order: Ordinance: No. CSD 97-01 Resolution: No. CSD 97-14 CALL TO ORDER: President Jeffrey E. Stone ROLL CALL: DIRECTORS: Birdsall, Ford, Lindemans, Roberts, Stone PUBLIC COMMENT: A total of 15 minutes is provided so members of the public can address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Board of Directors on an item not listed on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" before the Board of Directors gets to that item. individual speakers. form must be filed with the City Clerk There is a five (5) minute time limit for Anyone wishing to address the Board of Directors, should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson GENERAL MANAGERS REPORT - Bradley BOARD OF DIRECTORS REPORTS ADJOURNMENT: Next meeting: September 23, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\09997 5 TEMECULA' REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 97-01 Resolution: No. RDA 97-07 CALL TO ORDER: Chairperson Steven J. Ford presiding ROLL CALL: AGENCY MEMBERS: Birdsall, Lindemans, Roberts, Stone, Ford PUBLIC COMMENT: A total of 15 minutes is provided so members of the public can address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Agency on an item not listed on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the City Clerk before the Agency gets to that item. There is a five (5) minute time limit for individual speakers. RECONVENE CITY COUNCIL MEETING JOINT CITY COUNCIL/RDA PUBLIC HEARING Any person may submit written comments to the City Council/Redevelopment Agency before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the City Clerk at, or prior to, the public hearing. R:\Agenda\09997 6 Planning Application No. PA97-0221, An Amendment to the Old Town Specific Plan Establishing the In-Lieu Parking Fee Program and Revising the Parking Requirements, and Planning Application No. PA97-0267 Establishing the Parking Incentives for the 6th Street Parking Lot, Planning Application No. PA97-0292 Establishing the Parking In-Lieu Fee for Old Town RECOMMENDATION: 1.1 That the City Council read by title only an ordinance entitled: ORDINANCE NO. 97- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING (PLANNING APPLICATION NO. PA97-0221), AN AMENDMENT TO THE OLD TOWN SPECIFIC PLAN ESTABLISHING THE IN-LIEU PARKING FEE PROGRAM AND REVISING THE PARKING REQUIREMENTS 1.2 That the City Council adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL THE CITY OF TEMECULA, CALIFORNIA, APPROVING (PLANNING APPLICATION NO. PA97-0292), SETTING THE IN-LIEU PARKING FEE WITHIN THE OLD TOWN SPECIFIC PLAN AREA AND AUTHORIZE STAFF TO CONDUCT BI-ANNUAL REVIEW OF THE IN-LIEU FEE 1.3 1.4 That the City Council adopt a resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING PLANNING APPLICATION NO. PA97-0267, ESTABLISHING THE PARKING INCENTIVES FOR THE 6TH STREET PARKING LOT That the Redevelopment Agency adopt a resolution entitled: RESOLUTION NO. RDA 97- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING PLANNING APPLICATION NO. PA97-0267, ESTABLISHING THE PARKING INCENTIVES FOR THE 6TH STREET PARKING LOT R:\Agenda~09997 7 REDEVELOPMENT DIRECTOR'S REPORT EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBER'S REPORTS ADJOURNMENT Next regular meeting: September 23, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\09997 8 PUBLIC HEARINGS 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 the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the City Clerk at, or prior to, the public hearing. 10 Extension of Moratorium on Certain Adult Businesses and Extension of Interim Adult Business Regulations, Planning Application No. PA97-0293 RECOMMENDATION: 10.1 Adopt an urgency ordinance entitled: ORDINANCE NO. 97- AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING A MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF ADULT BUSINESSES UNLESS SUCH BUSINESSES COMPLY WITH INTERIM STANDARDS PROVIDING FOR THE REGULATION AND LICENSING OF ADULT BUSINESSES AND MAKING FINDINGS IN CONNECTION WITH THE NEED FOR SUCH REGULATIONS, PLANNING APPLICATION NO. PA97-0293 (4/5ths Vote Required) COUNCIL BUSINESS 11 Nighttime Curfew for Minors Ordinance RECOMMENDATION: 11.1 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 97- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA RELATING TO CURFEWS FOR MINORS AND AMENDING THE TEMECULA MUNICIPAL CODE R:\Agenda\09997 9 CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular meeting: September 23, 1997, 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\09997 10 PROCLAMATIONS/ PRESENTATIONS ITEM 1 ITEM 2 INDEX CITY OF TEMECULA CITY COUNCIL AUGUST 4, 1997 SUBJECT PAGE CALL TO ORDER ROLL CALL FLAG SALUTE PUBLIC COMMENTS PUBLIC HEARING REGIONAL SHOPPING CENTER 2-12 CITY MANAGER'S REPORT 12 CITY ATTORNEY'S REPORT 12 ADJOURNMENT 12 R:\minutes\080497 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE TEMECULA CITY COUNCIL AUGUST 4, 1997 An adjourned regular meeting of the Temecula City Council was called to order at 7:07 P.M. at the City Council Chambers, 43200 Business Park Drive, Temecula, California. Mayor Birdsall presiding. ROLL CALL Present: 5 Councilmembers: Ford, Lindemans, Roberts, Stone, Birdsall Absent: 0 Councilmembers: None Also present were City Manager Bradley, City Attorney Thorson, and City Clerk Greek. FLAG SALUTE The audience was led in the salute to the Flag by Mayor Pro Tem Roberts. PUBLIC COMMENTS None. CITY COUNCIL REPORTS Mayor Birdsall informed the attending and viewing audience that she and Councilmembers Roberts and Stone had attended a very informative and educational Mayor and Councilmember Conference in Monterey. PUBLIC HEARING Mayor Birdsall reviewed the public hearing process. R:\minutes\080497 PLANNING APPLICATION NO. PA97-0118 (APPEAL OF DEVELOPMENT PLAN FOR A REGIONAL SHOPPING CENTER AND POWER CENTER) Community Development Director Thornhill briefly reviewed the appeal, advising that the appellant's, Mr. Albert S. Pratt, decision to appeal the Planning Commission's approval for the construction of a regional shopping center and power center is based on his opinion that inadequate traffic analyses have been conducted; that the Planning Commission had reviewed the project on June 2, and July 7, 1997, at which time only Mr. Pratt had voiced any opposition to the approval; and that shortly prior to this evening's meeting, Planning Department Staff received a letter from the City of Murrieta, signed by the Mayor, supporting Mr. Pratt's appeal. In closing, Director Thornhill reviewed staff's recommendation to overturn the appeal and adopt the resolution upholding the Planning Commission's approval of regional shopping center and power center. City Manager Bradley responded to Mr. Pratt's appeal, noting the following: that both the City of Murrieta and Mr. Pratt base the appeal on Mr. Pratt's interpretation and disagreement with the results of the environmental documents and traffic analyses; that certified traffic engineers are required to obtain specific training in traffic engineering; that a regional center, for this particular location, has been planned for more than 24 years (earliest recordation date March 1973); that the appellant is demanding the completion of a supplemental Environmental Impact Report (EIR) and that the City of Murrieta has joined him in this demand; that the EIR study was prepared May 15, 1997; that additional traffic analyses were prepared January 1997 and updated May 1997; that potential impacts of this project were included and consistent with those environmental impacts identified in the previously prepared environmental documents; therefore, staff, as confirmed by the City Attorney, is of the opinion that no supplemental Environmental Impact Report would be required; that the traffic forecast for City build-out was prepared by qualified traffic engineering firms; that the City's traffic forecast results have been confirmed by Southern California Association of Governments, (SCAG), the County of Riverside, Riverside County Transportation Commission (letter dated May 31, 1994), and Western Riverside Council on Governments; R:\minutes\080497 that, according to qualified traffic engineers, traffic flow at project build-out is not based on assumption of compound traffic growth but on comprehensive forecasting study of future traffic conditions resulting from cumulative development in the study area; that, according to the Temecula Regional Center Environmental Impact Report traffic study, the City's cumulative development assumptions for project build-out are conservative to ensure all infrastructure needs were addressed; that the Rancho Bella Vista development was included in the completed traffic study and that it was considered at a higher-density rate; that annual traffic growth rates have no relevance to the analysis of cumulative traffic condition at project build-out; that those traffic improvements required by build-out are actually being completed prior to build-out; that each traffic analysis contains a summary written in laymen's language; that staff has attempted to clarify, to no avail, on numerous occasions, the completed documents/studies to Mr. Pratt; that the proposed shopping center will have some immediate impact on the businesses but that the long-term impact should be very positive for all merchants, noting that regional centers compete with regional centers; that the mitigation costs for this project will not exceed those revenues generated from the project, referencing one-time developer fees, sales tax, property taxes, franchise fees, business license fees, etc. By way of overheads, City Manager Bradley reviewed the required mitigation measures and associated costs as reflected in the EIR; advised that the City is, as well, proceeding with additional improvements such as the widening of southbound off-ramp on Winchester Road, widening of Ynez Road (south of Rancho California), SR 79/Interstate 15 improvements, and the Traffic Signal Interconnect Project; and noted that one interchange project has been completed and that the City is anticipating to complete two more. If this project were approved, City Manager Bradley noted that the Overland Drive Overpass will be constructed and paid for by the new sales tax revenues generated from the Mall and other merchants. Mayor Birdsall clarified that the Mello Roos bond will pay for the Overland Overpass only if this Regional Shopping Center or another Shopping Center were approved at Ynez/Winchester Roads. In closing, City Manager Bradley recommended that the City Council reject the appeal and approve the construction of the Regional Shopping Center and Power Center. In response to Councilmember Lindemans, City Manager Bradley advised that the City Council of the City of Murrieta had no official meeting with regard to this matter; that the matter was not discussed in closed session; and that the letter received from the City of Murrieta was signed by the Mayor. Councilmember Lindemans, echoed by Councilmember Stone, noted that, in his opinion, the letter from the Mayor of the City of Murrieta solely reflects one individual's opinion with regard to this project. Mr. Frank Sherkow, traffic engineer representing the City of Murrieta, responded to particular questions from the Councilmembers, noting the following: that since he has only been employed with the City of Murrieta since July 1997, he cannot address why the City did not note issues of concern at the past two Planning Commission meetings; that although the City of Murrieta may not have attended recent Commission meetings, concerns with regard to this project were noted as far back as 1992 -- when the construction of a shopping center was originally proposed and discussed; that because the City of Murrieta cannot comply within the time frame of when these improvements, as a result of this project, are to be completed, these improvements should be completed by the City of Temecula. Considering the existence of the Joint Murrieta/Temecula Traffic Committee, founded six years ago, both Councilmembers Roberts and Stone noted that the City of Temecula has worked very hard to be proactive and good neighbors and relayed disappointment with the City of Murrieta that no concerns with regard to this project were voiced at any public hearings over the past four to five years or at the Committee meetings. Having discussed the matter with a traffic engineer from the City of Murrieta, City Engineer Kicak clarified that the City of Temecula was only responsible for completing specific mitigation measures in the City of Murrieta if there were full build-out in the City including Campos Verdes and Winchester Hills. Because the letter from the City of Murrieta was submitted prior to this public hearing, City Attorney Thorson noted that it will be part of the record and, therefore, it would not be necessary to read it into the record. In response to Councilmember Lindemans, City Manager Bradley advised that qualification resumes are on file for Wilbur Smith and Associates, Counts Unlimited. Community Development Director Thornhill advised that the City has not been billed by Wilbur Smith and Associates for the time necessary to reply to Mr. Pratt's concerns as it relates to this appeal; and noted that a guesstimate could be obtained as to associated staff time. Responding to Mr. Pratt's issues of concern and reasons for the appeal, Community Development Thornhill provided extensive clarification and noted the following: that change in intensity was reviewed; that staff requested a new traffic analysis to analyze impacts relating to traffic; that no changes, with the exception of phasing, have been made to the project; that a Mitigation Monitoring Program was adopted for the project which would provide for all post review of any issues relating to environmental issues such as air quality and storm pollution; that the original EIR encompassed three major projects -- Campos Verdes to the east (intensity has been decreased), regional center site, and a 500 + acre site on the northern end of Ynez Road (no approval yet); that the FEIR assumed build-out of these projects; that the EIR encompassed a higher intensity than the subsequently adopted City of Murrieta General Plan and, therefore, an intersection analysis for roadways within the City of Murrieta had not been addressed; that considering the distance of Murrieta Hot Springs Road at Interstate 215 and Interstate 15, the regional shopping center would have nominal impact on this particular road; that the requirements of Assessment District 161 will be completed and have been budgeted; that as per a letter from the Riverside County Transportation Commission (dated May 31, 1994), the project will be in full compliance with the Riverside County Congestion Management Program. Mr. Colm Macken, Vice President of Forest City Development, extended his appreciation to the community for its support and commented on the benefits this regional shopping center will have on the community. Mr. Macken advised that the plans for this project have been fully analyzed to ensure consistency with the Specific General Plan and Certified Environmental Impact Report and introduced Mr. Bob Davis, Project Engineer representing Wilbur Smith and Associates, who was responsible for preparation of the EIR traffic study and update studies for the project. In response to Mr. Pratt's letter of July 21, 1997, Mr. Bob Davis provided clarification as follows: that the EIR traffic studies encompassed the use of cumulative development (from all approved Specific Plans, additional projects within the influenced area not yet approved, and assumed partial build-out of all other projects identified in the vicinity having any plans at the time) versus compounded traffic growth; that compounded traffic growth is primarily used for short-range projects; that both the Winchester property and Rancho Bella Vista have been reduced in intensity in terms of land use assumed; that the Domenagoni Project is not within the sphere of influence; that after review of several traffic counts, it was determined that the 3% annual compounded traffic growth rate is an accurate reflection; that Mr. Pratt's traffic counts do not reflect a study of the entire intersection; that his method of counting is not a recognized standard, noting that cycle lengths dramatically vary during peak periods; that the proposed roadway improvements for Phase I, opening of the Mall, and full build-out are not piecemeal and are adequate to address the impacts; that level of service (LOS) is not based on timing of the traffic signal but on the demand of the intersection which is influenced by timing of the traffic signal and capacity of the intersection; that Wilbur Smith and Associates is very familiar with forecasting modeling; that mitigation measures have been identified for the Jefferson/Winchester Road intersection in order to bring the LOS of this intersection within acceptable limits; that Pala Road improvements have no impact on the regional center; Concurring with Councilmember Stone's comment, Mr. Davis confirmed that individuals will travel to the mall by way of least resistance such as Winchester Overpass and that Murrieta residents will either travel by way of Jefferson/Margarita Roads, Murrieta Hot Springs Road, or exit the freeway by way of Winchester Road. For Councilmember Lindemans, Mr. Davis briefly reviewed his qualifications necessary to be a licensed traffic engineer. At 8:25 P.M., Mayor Birdsall called a recess and reconvened the meeting at 8:40 P.M. Responding to Mr. Pratt's letter (received this evening), Community Development Director Thornhill noted the following: although the Summerfield tract has been reduced from high density multi-family apartments to 10 units per acre -- a reduction of 7 units per acre -- this tract was calculated in the EIR at the higher density; this commercial development is consistent with the General Compliance Plan intensities and densities. For clarification, Director Thornhill noted that the term power center refers to a conglomeration of large retail outlets. It was moved by Councilmember Stone,seconded by Mayor Pro Tem Roberts, to make a formal request of the City of Murrieta to identify who authored the letter of concern. AYES: 4 COUNCILMEMBERS: Stone, Roberts, Birdsall, Lindemans NOES: I COUNCILMEMBER: Ford ABSENT: 0 COUNCILMEMBERS: None City Attorney Thorson advised that in addition to the completed studies, the City Council approved a development agreement for this project in December 1996 and approved the outlines of the Mall. Mr. Thorson noted that the City Council could, this evening, deny approval of the design and architecture of the mall; direct staff to further negotiate those issues; but clarified that because the development agreement established a mall of a fixed size, the City Council may not deny the Mall project as long as it is consistent with the Development Agreement. In light of the time, Mayor Birdsall requested that those individuals in support of the construction of the Mall stand (to which the majority of the audience members stood) and then requested that those in opposition of the Mall to stand. The public hearing was opened by Mayor Birdsall. Mr. Sam Pratt, the appellant, clarified that he does not oppose the construction of the Mall; noted that he is of the opinion that the proposed mitigation measures, as per Wilbur Smith and Associates, will not adequately address the traffic problems; stated that he would be desirous to work with staff in an effort to resolve the traffic problems he envisions for the future; and noted that because he was not feeling well, he would be unable to proceed and would be unable to answer any questions. (At this time, Mr. Pratt departed the meeting.) For Ms. Pat Keller, P.O. Box 521, Temecula, Councilmember Ford referenced past efforts undertaken by the City of Temecula to ensure proper public relations with the City of Murrieta and assured her that those efforts will continue with the City of Murrieta but noted that both cities must work together to ensure current and future traffic issues are properly addressed. In response to Ms. Keller, Councilmember Ford apprised her of upcoming improvement plans for Old Town. Although she does not oppose the construction of the Mall, Ms. Karyn Thompson, 31395 Corte Mallorca, Temecula, relayed her opposition to the proposed location of the Mall. She encouraged the two neighboring cities to work together and voiced concern with regard to the Mall as it relates to traffic issues and potential impact on small businesses. Appreciating Ms. Thompson's comments, Mayor Birdsall apprised Ms. Thompson of the existing Joint Murrieta/Temecula Traffic Commission, public hearings at which this matter was discussed, bid hearings, reviews, posted notices, the approval of the development agreement in December 1996 and relayed the City Council's frustration and disappointment with being notified late this afternoon by the City of Murrieta, by way of a letter, expressing objection to the construction of the Mall. In closing, Mayor Birdsall also commented on the efforts undertaken by staff and Wilbur Smith and Associates to communicate with Mr. Pratt. In light of the time, Mr. Frank Sherkow, representing the City of Murrieta, briefly summarized the issues of concern (as per the letter dated August 4, 1997) with regard to this development, noting the following: adverse traffic impacts on the City of Murrieta new information has become available since the adoption of FEIR No. 340, which has not been analyzed and, therefore, no mitigation measures have been proposed. In closing, Mr. Sherkow requested that the City Council direct staff to prepare a supplement to the FEIR in order to evaluate this new information as required by CEQA. The following individuals spoke in support of the construction of the Regional Shopping Center: John Dedovesh Michael Naggar Ed Sterling Joan Sparkman Stan Heaton Rebecca Weersing Darrell Connerton Pepper Calvert Jack Henz Gene Wunderlich Stewart Morris Jeff Comerchero Keith Candee John Affolter Mary Rauschenburg Harold Meyers Ron Walton 39450 Long Ridge Drive 43034 Agena Street 40456 Chauncey Way Chamber of Commerce 42102 Elgin Court 41775 Yorba Avenue 31618 Corte Rosario 43114 Corte Villa 42835 Villa Terrace Rancho Temecula Murrieta Association of Realtors - 4003 Willowbend, Murrieta 41981 Avenida Vista Ladera 28924 Front Street 34121 De Portola Road 15707 Rockfield, //305, Irvine 30930 Corte Arroyo Vista 30075 Ynez Road The above-mentioned individuals spoke in support of the construction of a Regional Shopping Center for the following reasons and made the following comments: that there are no traffic concerns in the area of discussion during the early morning hours; that denying this project at this point would have a detrimental impact on the City, detering future businesses from investing or relocating to the City of Temecula; that if Mr. Pratt's issues of concern deserve additional examination, the City Council should deny the appeal and approve the project but direct staff to conduct additional traffic studies; - that this development would have a positive impact on the neighboring property values; that the City would greatly benefit from the sales tax derived from this development; - that the City should challenge costly appeals such as this one and pursue possible reimbursement of associated expenditures; - that the development would provide an improved economic retail base while offering much needed services, job opportunities, and road improvements in the City; - that the development will comply with requirements of governmental agencies and the developer has provided all necessary information; - that although Mr. Pratt has the right to object to the Planning Commission's decision, after thorough review, the assumptions and conclusions made by Mr. Pratt are troubling and that the appeal lacks foundation; - that Mall management would be eager to strike a balance between national chains and locally owned businesses; that the Mall could be a customer generator and, therefore, be an opportunity for local businesses to profit. Mr. Colm Macken relayed his pleasure to have the opportunity to develop in this community as well as his desire to move forward with the construction of this Regional Shopping Center. At this time, Mayor Birdsall closed the public hearing. Apologizing for his frustration displayed toward the written communication received from the City of Murrieta, Mayor Pro Tem Roberts noted that he will continue to work with neighboring cities to ensure traffic issues are properly addressed. With regard to Mr. Sam Pratt, Mayor Pro Tem Roberts relayed his dismay with Mr. Pratt's early departure and being unable to ask him any questions -- in particular to his comment that additional judicial review may be pursued. Mayor Pro Tem Roberts expressed his support to deny the appeal as well as his desire to close this issue. Having reevaluated a tremendous amount of information by way of studies, experts' opinions, and Planning staff reports, Councilmember Ford encouraged both cities to work together in an effort to achieve maximum traffic circulation between the two cities, including the extension of Diaz Road; recommended that the City of Murrieta step forward in completing its necessary roadway improvements; and advised that safeguards, by way of conditions and mitigation measures, have been imposed on the project to ensure potential traffic impacts are properly addressed. It was moved by Councilmember Stone, seconded by Councilmember Ford, to extend this evening's meeting to 10:30 P.M. AYES: 5 COUNCILMEMBERS: Stone, Ford, Birdsall, Roberts, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Having reviewed a tremendous amount of material/documents and having personally met with Mr. Pratt, Councilmember Linderoans confirmed the 3% figure for the annual compound growth rate of homes built in the City. Concurring with Mr. Affolter that an individual has the right to appeal, Councilmember Lindemans questioned the abuse of power and requested City Attorney Thorson to investigate the costs associated with this appeal. Mr. Lindemans as well extended apologies for displaying his frustration with regard to this issue. Councilmember Stone apprised the attending and viewing audience of initial efforts undertaken by him and Mayor Pro Tem Roberts to have a mall built in Temecula and relayed his pleasure with Forest City Development choosing to invest here. He commented on the efforts he has undertaken to no avail, to discuss the traffic concerns expressed by Mr. Pratt and briefly addressed the benefits this development will have on the City. Councilmember Stone expressed his disappointment with the City of Murrieta for voicing concern with regard to the project at this late point in time and spoke in support of denial of the appeal. Advising that the experts and the Planning staff have attempted, although to no avail, to address and discuss the concerns raised by Mr. Pratt, Mayor Birdsall clarified that because Mr. Pratt was the only individual appealing the Planning Commission's decision for approval and, therefore, communications with regard to this appeal were solely directed to Mr. Pratt. In closing, Mayor Birdsall advised that the City Council has never increased density on a project in this City from the day of incorporation but that it has continued to reduce densities and will continue to do so in the future. It was moved by Councilmember Ford, seconded by Mayor Pro Tem Roberts, to concur with staff's recommendation to adopt Resolution No. 97-13, denying the appeal and making the determination of consistency with a project for which an Environmental Impact Report (EIR) was previously certified and findings that a subsequent EIR is not required. RESOLUTION NO. 97-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING A PLANNING APPLICATION NO. PA 97-0018 (DEVELOPMENT PLAN APPEAL), UPHOLDING THE PLANNING COMMISSION'S DECISION APPROVING PLANNING COMMISSION APPLICATION NO. 97-0118 {DEVELOPMENT PLAN - MALL AND POWER CENTER SITE PLAN, MALL AND POWER CENTER ELEVATIONS, MALL AND POWER CENTER LANDSCAPE PLAN, MALL AND POWER CENTER COLOR AND MATERIAL BOARDS; ROBINSONS-MAY SITE/LANDSCAPE PLAN, ROBINSONS-MAY ELEVATIONS AND ROBINSONS-MAY COLOR AND MATERIAL BOARD, SEARS SITE/LANDSCAPE PLAN, SEARS ELEVATIONS AND SEARS COLOR AND MATERIAL BOARD) BASED UPON THE ANALYSIS AND FINDINGS CONTAINED IN THE STAFF REPORT SUBJECT TO THE CONDITIONS OF APPROVAL ON FILE IN THE OFFICE OF THE CITY CLERK AYES: 5 COUNCILMEMBERS: Stone, Ford, Birdsall, Roberts, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CITY MANAGER'S REPORT None, CITY ATTORNEY'S REPORT None. ADJOURNMENT At 10:13 P.M., Mayor Birdsall formally adjourned the meeting to Tuesday, August 12, 1997, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. ITEM 3 RESOLUTION NO. 97- 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 RESOLVE, DETERMINE AND ORDER 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, have been audited by the City Manager, and that the same are hereby allowed in the amount of $1,057,668.96. Section 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 9th day of September, 1997. ATTEST: Patricia H. Birdsall, Mayor June S. Greek, CMC/AAE City Clerk [SEAL] Re~o~ 97- I STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 97- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 9th day of September, 1997 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, CMC/AAE City Clerk R~a9% 2 CITY OF TEMECULA UST OF DEMANDS 08/21/97 TOTAL CHECK RUN: 08/29/97 TOTAL CHECK RUN: 09/09/97 TOTAL CHECK RUN: 08/21/97 TOTAL PAYROLL RUN: TOTAL UST OF DEMANDS FOR O0/09/97 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 165 190 191 192 193 194 210 280 300 320 330 34O 38O GENERAL FUND RDA DEV-LOW/MOD SET ASIDE COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL A TCSD SERVICE IFVEL B TCSD SERVICE LEVEL C TCSD SERVICE LEVEL D CAPITAL IMPROVEMENT PROJ. FUND REDEVELOPMENT AGENCY-CIP INSURANCE FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES RDA - DEBT SERVICE PAYROLL: 001 165 190 191 192 193 194 280 300 320 330 340 GENERAL RDA-LOW~OD TCSD TCSD SERVICE LEVEL A TCSD SERVICE LEVEL B TCSD SERVICE LEVEL C TCSD SERVICE LEVEL D RDA-CIP INSURANCE INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES TOTAL BY FUND: PREPA~ BY RETA W~O~, ACCOUNTING SPECIALIST , RONALD E. BRADLEY, Cl~ MANAGER $ 457,581.62 292,218.44 151,0O7.97 156,860.93 $ 1,057,668.96 155,086.63 73,727.66 61,131.74 9,018.13 49.13 4,569.01 2,927.45 292,955.94 172,016.61 22,779.06 13,593.31 87,011.29 3,457.49 2,484.58 900,808.03 96,750.49 4,014.42 40,286.26 70.44 146.76 2,561.29 641-31 4,658.76 277.33 2,914.25 0.00 4,539.62 156,860.93 1,057,668.96 , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. VOUCHRE2 08/21/97 08:46 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE 10 FUND TITLE 001 GENERAL FUND 165 RDA DEV- LOb/MOO SET ASIDE 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - CIP 300 INSURANCE FUND 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES AMOUNT 7'5,285.40 5,436.28 46,529.30 8,159.38 49.13 2,155.60 324.45 210,493.14 3,253.44 4,810.30 13,095.21 86,548.61 3,441.38 TOTAL 457,581.62 VOUCHRE2 08/21/97 08:46 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 44920 08/20/97 001550 44921 08/20/97 001696 753834 08/21/97 000283 753834 08/21/97 000283 753834 08/21/97 000283 753834 08/21/97 000283 753834 08/21/97 000283 753834 08/21/97 000283 753834 08/21/97 000283 753834 08/21/97 000283 753834 08/21/97 000283 753834 08/21/97 000283 753834 08/21/97 000283 753834 08/21/97 000283 753834 08/21/97 000283 753834 08/21/97 000283 753834 08/21/97 000283 753834 08/21/97 000283 753834 08/21/97 000283 753834 08/21/97 000283 753834 08/21/97 000283 753834 08/21/97 000283 753834 08/21/97 000283 753834 08/21/97 000283 791854 08/21/97 000444 791854 08/21/97 000444 791854 08/21/97 000444 791854 08/21/97 000444 791854 08/21/97 000444 791854 08/21/97 000444 791854 08/21/97 000444 791854 08/21/97 000444 791854 08/21/97 000444 791854 08/21/97 000444 791854 08/21/97 000444 791854 08/21/97 000444 791854 08/21/97 000444 791854 08/21/97 000444 791854 08/21/97 000444 791854 08/21/97 000444 791854 08/21/97 000444 000 00/00/00 000156 000 00/00/00 000156 000 00/00/00 000245 000 00/00/00 000245 000 00/00/00 000245 000 00/00/00 000245 VENDOR NAME FIRST PACIFIC NATIONAL STAPLES OFFICE SUPPLY INSTATAX (IRS) ]NSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) ]NSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) ]NSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) ]NSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (IRS) INSTATAX (INS) INSTATAX (INS) INSTATAX (IRS) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) INSTATAX (EDD) DENTICARE OF CALIFORNIA DENTICARE OF CALIFORNIA PERS (HEALTN INSUR. PRE PERS (NEALTN INSUR. PRE PERS (HEALTH INSUR. PRE PERS (HEALTN INSUR. PRE CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS ITEM DESCRIPTION RET TO ESCROW ACCT:GENESIS SHREDDER FOR RECORDS MGMT 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 000444 SDI 000444 SDI 000444 SDI 000444 SDi 000444 SD1 000444 SD! 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000444 STATE 000156 DENT-REV 000156 DENTICAR 000245 AETNA SO 000245 AETNA SO 000245 BLSHIELD 000245 FHP ACCOUNT NUMBER 210-1035 001-1990 001-2070 165-2070 190-2070 191-2070 192-2070 193-2070 194-2070 280-2070 300-2070 320-2070 340-2070 001-2070 165-2070 190-2070 191-2070 192-2070 193-2070 194-2070 280-2070 300-2070 320-2070 340-2070 001-2070 165-2070 190-2070 193-2070 280-2070 340-2070 001-2070 165-2070 190-2070 191-2070 192-2070 193-2070 194-2070 280-2070 300-2070 320-2070 340-2070 001-1180 001-2340 165-2090 280-2090 190-2090 001-2090 ITEM AMOUNT 16,689.36 1,723.14 15,414.51 559.84 7,040.69 8.94 17.88 463.02 87.45 576.04 29.09 597.34 1,197.96 3,613.28 147.04 1,515.46 2.38 4.95 93.45 24.28 170.68 9.46 123.98 182.16 42.18 3.19 106.54 1.31 3.43 3.48 4,048.40 184.57 1~537.15 1.64 3.28 107.46 18.24 176.98 10.18 138.62 285.39 8.81- 8.81 136.51 45.50 37.15 15.48 PAGE I CHECK AMOUNT 16,689.36 1,723.14 31,879.88 6,672.04 VOUCHRE2 CITY OF TEMECULA 08/21/97 08:46 VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT CHECK AMOUNT 000 00/00/00 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 001-2090 87.27 000 00/00/00 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 165-2090 1.07 000 00/00/00 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 190-2090 52.21 000 00/00/00 000245 PERS (HEALTH INSUR. PRE 000245 HELTHNET 280-2090 3.37 000 00/00/00 000245 PERS (NEALTH INSUR. PRE 000245 HELTHNET 340-2090 9.39 000 00/00/00 000245 PERS (HEALTN INSUR. PRE 000245 KAISERSO 001-2090 11.85 000 00/00/00 000245 PERS (HEALTH INSUR. PRE 000245 KAISERSO 190-2090 95.46 000 00/00/00 000245 PERS (HEALTH INSUR. PRE 000245 KAISERSO 193-2090 6.82 000 00/00/00 000245 PERS (HEALTH INSUR. PRE 000245 KAISERSO 340-2090 34.10 000 00/00/00 000245 PERS (HEALTH INSUR. PRE 000245 PACIFICR 001-2090 100.15 000 00/00/00 000245 PERS (HEALTH INSUR. PRE 000245 PERS CHO 001-2090 52.02 000 00/00/00 000245 PERS (HEALTH INSUR. PRE 000245 PERS CHO 280-2090 128.96 000 00/00/00 000245 PERS (HEALTH INSUR. PRE 000245 PERS REV 001-2090 817.31- 000 00/00/00 002107 TRANS-GENERAL LIFE INS. 002107 VL REVER 001-2510 244.35- 000 00/00/00 002107 TRANS-GENERAL LIFE INS. 002107 VOL LIFE 001-2510 167.50 000 00/00/00 002107 TRANS-GENERAL LIFE INS. 002107 VOL LIFE 165-2510 5.50 000 00/00/00 002107 TRANS-GENERAL LIFE INS. 002107 VOL LIFE 190-2510 55.25 000 00/00/00 002107 TRANS-GENERAL LIFE INS. 002107 VOL LIFE 193-2510 1.10 000 00/00/00 002107 TRANS-GENERAL LIFE INS. 002107 VOL LIFE 280-2510 5.50 000 00/00/00 002107 TRANS-GENERAL LIFE INS. 002107 VOL LIFE 340-2510 9.50 .00 44924 08/21/97 002348 A-PARK AVENUE BUILDERS INSTALL DRIVEWAY & DRAIN LINES 210-165-637-5804 5,000.00 5,000.00 44925 08/21/97 002804 ACTION CHEMICAL COMPANY WATER TREATMENT - TEMECULA 190-180-999-5212 2,670.00 44925 08/21/97 002804 ACTION CHEMICAL COMPANY EQUIPMENT RENTAL 190-180-999-5212 610.00 44925 08/21/97 002804 ACTION CHEMICAL COMPANY LABOR 190-180-999-5212 350.00 44925 08/21/97 002804 ACTION CHEMICAL COMPANY SALES TAX 190-180-999-5212 206.91 3,836.91 44926 08/21/97 001912 ALLMON, VYLANI TCSD INSTRUCTOR EARNINGS 190-183-999-5330 528.00 528.00 44927 08/21/97 000101 APPLE ONE, INC. TEMP HELP W/E 7/19 CREGUT 190-180-999-5118 185.18 44927 08/21/97 000101 APPLE ONE, INC. TEMP HELP W/E 7/19 CREGUT 190-180-999-5118 160.22 44927 08/21/97 000101 APPLE ONE, INC. TEMP HELP W/E 7/19 CERASANI 001-120-999-5118 559.86 44927 08/21/97 000101 APPLE ONE, INC. TEMP HELP W/E 7/19 COMYNS 001-161-999-5118 144.48 44927 08/21/97 000101 APPLE ONE, INC. TEMP HELP W/E 7/26 COMYNS 001-161-999-5118 180.60 44927 08/21/97 000101 APPLE ONE, INC. TEMP HELP W/E 7/26 CREGUT 190-180-999-5118 277.67 44927 08/21/97 000101 APPLE ONE, INC. TEMP HELP W/E 7/26 PERRENOKJD 001'120-999-5118 36.12 1,544.13 44928 08/21/97 000622 BANTA ELECTRIC-REFRIGER ELECTRICAL SERVICES - PARKS 190-180-999-5212 59.50 44928 08/21/97 000622 BANTA ELECTRIC-REFRIGER ELECTRICAL SERVICES - PARKS 190-180-999-5212 67.50 44928 08/21/97 000622 BANTA ELECTRIC-REFRIGER ELECTRICAL SERVICES - PARKS 190-180-999-5212 153.00 44928 08/21/97 000622 BANTA ELECTRIC-REFRIGER CITY HALL ELECTRICAL REPAIRS 340-199-701-5212 345.00 44928 08/21/97 000622 BANTA ELECTRIC-REFRIGER INSTALL SWITCH-COMPUTER ROOM 320-199-999-5250 121.00 44928 08/21/97 000622 BANTA ELECTRIC-REFRIGER ELECTRICAL SRVCS - MAINT FAC. 340-199-702-5212 38.00 44928 08/21/97 000622 BANTA ELECTRIC-REFRIGER ELECTRICAL SERVICES-CITY HALL 340-199-701-5212 108.50 44928 08/21/97 000622 BANTA ELECTRIC-REFR[GER ELECTRICAL SERVICES - TCC 190-184-999-5212 59.00 951.50 44929 08/21/97 002541 BECKER, WALTER KARL CONCRETE WK JEDEDIAH SMITH RD 001-164-601-5401 4,996.00 44930 08/21/97 BEDS N THREADS #11 REFUND:HOME OCCUPATION FEE 001-1990 20.00 4,996,00 20.00 VOUCHRE2 PAGE 3 08/21/97 08:46 VOUCHER/ CHECK NUMBER 44931 44932 44932 44932 44933 44933 44934 44935 44936 44937 44938 44939 44939 44940 44941 44942 44942 44943 44944 44944 44944 44945 44946 44946 44947 44948 44948 44949 44950 44951 CHECK VENDOR VENDOR DATE NUMBER NAME 08/21/97 002093 BERRYMAN AND HENIGAR 08/21/97 002871 BOYKIN, ED 08/21/97 002871 BOYKIN, ED 08/21/97 002871 BOYKIN, ED 08/21/97 BRANDENBURG, STACY 08/21/97 BRANDENBURG, STACY 08/21/97 BURNS, WILLIAM 08/21/97 002544 BUTLER, KRISTEN 08/21/97 002099 BUTTERFIELD ENTERPRISES 08/21/97 BW/IP INTERNATIONAL INC 08/21/97 001450 CAD ZONE, INC., THE 08/21/97 002408 CAIRNS & BROTHER, INC. 08/21/97 002408 CAIRNS & BROTHER, INC. 08/21/97 CALIFORNIA ALLIANCE FOR 08/21/97 000484 CALIFORNIA ASSN. FOR LO 08/21/97 000131 CARL WARREN & CO., INC. 08/21/97 000131 CARL WARREN & CO., INC. 08/21/97 CLOUD, ALICE 08/21/97 002037 COM-AID, INC. 08/21/97 002037 COM-AID, INC. 08/21/97 002037 COM-AID, INC. 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 001193 COMP USA, INC. 000447 COMTRONIX OF HEMET 000447 COMTRONIX OF HEMET 00187'3 CROBARGER, RICHARD 002885 CROWN AQUATICS, INC 002885 CROWN AQUATICS, INC 002106 DA FAMILY SUPPORT 001716 DANrS ROOFING DIAMOND, MARK CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS ITEM DESCRIPTION JUN PROF PVMNT MGMT SRVCS AUDIO/VIDEO COMPONENTS LABOR SALES TAX REFUND:PARK RENTAL/SEC DEPOSIT REFUND:PARK RENTAL/SEC DEPOSIT REFUND:SECURITY DEPOSIT TCSO INSTRUCTOR EARNINGS AUG RESTROOM RENTAL -OLD TOWN REFUND:SECURITY DEPOSIT FIRE ZONE WINDOWS UPGRADE BALANCE-CAIRNSIRUS FIRE HELMET BALANCE-CAIRNSIRUS FIRE HELMET LAW ENFORCEMENT TRAINING TAPES PUBLICATION:INCENTIVES JUN-JUL CLAIM SERVICES CREDIT:dUN CLAIM SERVICES REFUND:PRESERVING PHOTOS TELEPHONE MAINT & REPAIRS MISC REPAIR & MAINT OF EQUIP MISC REPAIR & MAINT OF EQUIP MISC COMPUTER SUPPLIES ANNUAL MAINTENANCE CONTRACT RADIO MAINTENANCE FY 97/98 TCSD INSTRUCTOR EARNINGS SUPERTENSIONER TAKE UP REEL FREIGHT 002106 SUPPORT RESIDENTIAL REHAB PRGRM:OLSEN REFUND:SUMMER OAY CAMP ACCOUNT NUMBER 210-165-669-5802 320-199-999-5242 320-199-999-5248 320-199-999-5242 190-183-4988 190-2900 190-2900 190-183-999-5330 280-199-999-5250 190-2900 001-171-999-5221 001-171-999-5610 001-2230 001-170-999-5261 280-199-999-5228 300-199-999-5205 300-199-999-5205 190-183-4982 320-199-999-5215 320-199-999-5215 320-199-999-5215 320-199-999-5221 001-170-999-5215 001-171-999-5215 190-183-999-5330 190-183-999-5310 190-183-999-5310 190-2140 165-199-813-5804 190-183-4984 ITEM AMOUNT 2,090.00 850.00 2,750.00 65.88 25.00 100.00 180.00 57.60 826.00 100.00 109.00 250.00 5,100.00 55.00 23.00 1,031.50 119.15- 18.00 687.33 114.00 388.41 137.94 753.00 930.00 100.00 504.00 5.85 82.50 275.00 219.00 CHECK AMOUNT 2,090.00 3,665.88 125.00 180.00 57.60 826.00 100.00 109.00 5,350.00 55.00 23.00 912.35 18.00 1,189.74 137.94 1,683.00 100.00 509.85 82.50 275.00 219.00 VOUCHRE2 08/21/97 08:46 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 44952 08/21/97 001673 44953 08/21/97 002390 44954 08/21/97 000161 44955 08/21/97 002325 44956 08/21/97 002128 44957 08/21/97 44958 08/21/97 002060 44959 08/21/97 000478 44959 08/21/97 000478 44960 08/21/97 000165 44960 08/21/97 000165 44961 08/21/97 002886 44962 08/21/97 000184 44962 08/21/97 000184 44962 08/21/97 000184 44962 08/21/97 000184 44962 08/21/97 000184 44963 08/21/97 001355 44963 08/21/97 001355 44964 08/21/97 001937 44965 08/21/97 44966 08/21/97 002141 44967 08/21/97 44968 08/21/97 000177 44968 08/21/97 000177 44969 08/21/97 44970 08/21/97 002174 44970 08/21/97 002174 44971 08/21/97 44972 08/21/97 VENDOR NAME DIVERSIFIED TEMPORARY S EASTERN MUNICIPAL WATER EDEN SYSTEMS, INC. ENDSLEYS PRIVATE SECURI ENGINEERING VENTURES, I ERICKSON, DENISE EUROPEAN DELl & OATERIN FAST SIGNS FAST SIGNS FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. FRANCHISE TAX BOARD - V G T E CALIFORNIA - PAYM G T E OALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA, INC. G T E CALIFORNIA, INC. GALLS, INO. GARCIA, PAULA GEIS, PAUL GENERAL MEDIA CORPORATI GLENHIES OFF!OE PRODUCT GLENHIES OFFlOE PRODUCT GRACE, D.F. GROUP 1 PROOUOTIONS GROUP 1 PRODUOTiONS GUNDERSON, CHUCK H & M FOURSLIDE INC CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION TEMP HELP W/E 8/10 BROCK DIEGO DR LDSC WATER SERVICES SYSTEM MODIFICATION:PAYROLL SECURITY SRVCS-JULY 4TH JUN-JUL SIDEWALK IMPROV. SRVCS REFUND:MOTHER NATURE KIDS REFRESHMENTS-O.T. ADVISORY MTG SIGNS FOR THE SWIMMING POOLS SALES TAX EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES 002886 DMV FEES 909-197-5072-AUG-GENERAL USAGE 909-506-1941-AUG-TCSD 909-506-2626-JUL SUB-STATION 909-699-2811-AUG-GENERAL USAGE 909-699-8632-AUG-GENERAL USAGE RIVERSIDE COUNTY-OPEN LINE RIVERISDE COUNTY-OPEN LINE REPLACE BEACONS STENCIL TRUCK REFUND:SWIMMING CLASSES MOTORCYCLE REPAIR POLICE DEPT GRANTSMNSHP WKSHP:KUHNS,ADAMS MISC. OFFICE SUPPLIES MISCELLANEOUS OFFICE SUPPLIES REFUND: SECURITY DEPOSIT REDEVELOPMENT VIDEO TAPES REDEVELOPMENT VIDEO TAPES REFUND:BEGINNING DRAWING REFUND:SECURITY DEPOSIT ACCOUNT NUMBER 001-150-999-5118 193-180-999-5240 320-199-999-5211 190-183-999-5370 210-165-677-5802 190-183-4982 280-199-999-5260 190-180-999-5244 190-180-999-5244 001-162-999-5230 190-180-999-5230 001-2140 320-199-999-5208 320-199-999-5208 001-170-999-5208 320-199-999-5208 320-199-999-5208 320-199-999-5208 320-199-999-5208 001-164-601-5215 190-183-4975 001-170-999-5214 001-110-999-5261 001-162-999-5220 001-120-999-5220 190-2900 280-199-999-5250 165-199-999-5250 190-183-4982 190-2900 ITEM AMOUNT 503.10 841.88 800.00 1,644.75 2,113.81 20.00 98.63 600.00 46.50 45.40 20.63 281.15 2,631.20 53.64 282.57 1,779.16 27.49 350.00 315.00 128.26 25.00 100.00 280.00 153.29 33.50 100.00 45.00 45.00 4.50 100.00 PAGE 4 CHECK AMOUNT 503.10 841.88 800.00 1,644.75 2,113.81 20.00 98.63 646.50 66.03 281.15 4,774.06 665.00 128.26 25.00 100.00 280.00 186.79 100.00 90.00 4.50 100.00 VOUCHRE2 08/21/97 VOUCHER/ CHECK NUMBER 44973 44974 44974 44974 44974 44974 44974 44974 44974 44975 44976 44977 44978 44978 44978 44978 44978 44978 44978 44978 44978 44978 44978 44979 44979 44980 08:46 CHECK DATE 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 VENDOR NUMBER 001697 000186 000186 000186 000186 000186 000186 000186 000186 001517 002906 002098 002098 002098 002098 002098 002098 002098 002098 002098 002098 002098 001069 001069 000193 VENDOR NAME HALL, NANCY LEE HANKS HARDWARE INC. HANKS HARDWARE INC. HANKS HARDWARE INC. HANKS HARDWARE INC. HANKS HARDWARE INC. HANKS HARDWARE INC. HANKS HARDWARE INC. HANKS HARDWARE INC. HAY, PENNY HEALTH & HUMAN RESOURCE HEMET FENCE COMPANY HOUSE OF MOTORCYCLES HOUSE OF MOTORCYCLES HOUSE OF MOTORCYCLES HOUSE OF MOTORCYCLES HOUSE OF MOTORCYCLES HOUSE OF MOTORCYCLES HOUSE OF MOTORCYCLES HOUSE OF MOTORCYCLES HOUSE OF MOTORCYCLES HOUSE OF MOTORCYCLES HOUSE OF MOTORCYCLES HYDRO TEK SYSTEMS HYDRO TEK SYSTEMS I CMA CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS ITEM DESCRIPTION TCSD INSTRUCTOR EARNINGS SUPPLIES FOR SPECIAL EVENTS MAINT. SUPPLIES - CITY HALL MAINTENANCE SUPPLIES - CRC (10)1500 MATT BALLFIELD LIGHTS SALES TAX MAINTENANCE SUPPLIES - PARKS MAINT SUPPLIES - SENIOR CENTER MAINTENANCE SUPPLIES - TCC REFUND:MUSIKGARTEN EMPLOYEE ASSISTANCE PRGM RESIDENTIAL REHAB:GROSDIDIER REPAIR OF POLICE MOTORCYCLES REPAIR OF POLICE MOTORCYCLES REPAIR OF POLICE MOTORCYCLES REPAIR OF POLICE MOTORCYCLES REPAIR OF POLICE MOTORCYCLES REPAIR OF POLICE MOTORCYCLES REPAIR OF POLICE MOTORCYCLES REPAIR OF POLICE MOTORCYCLES REPAIR OF POLICE MOTORCYCLES REPAIR OF POLICE MOTORCYCLES REPAIR OF POLICE MOTORCYCLES STEAM CLEANER:PW MAINT SALES TAX PUB:RECORDS MANAGEMENT 44981 08/21/97 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 44981 08/21/97 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 44981 08/21/97 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 44981 08/21/97 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 44981 08/21/97 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 08/21/97 44982 44983 44984 44985 44986 INTER VALLEY POOL SUPPL INTERNAL REVENUE SERVIC IRWIN, JOHN KELLY, CINDY KETCH ENERGY, INC. KING, KIMBERLEY 08/21/97 44987 001407 000199 08/21/97 001186 08/21/97 002356 08/21/97 08/21/97 POOL SANITIZING CHEMICALS 000199 IRS GARN TCSD INSTRUCTOR EARNINGS REFUND:LEARN TO BOWL DUCK POND ELECTRICAL SRVCS REFUND:SWIMMING CLASSES ACCOUNT NUMBER 190-183-999-5330 190-183-999-5370 340-199-701-5212 190-182-999-5212 190-180-999-5212 190-180-999-5212 190-180-999-5212 190-181-999-5212 190-184-999-5212 190-183-4982 001-150-999-5250 165-199-813-5804 001-170-999-5214 001-170-999-5214 001-170-999-5214 001-170-999-5214 001-170-999-5214 001-170-999-5214 001-170-999-5214 001-170-999-5214 001-170-999-5214 001-170-999-5214 001-170-999-5214 001-164-601-5610 001-164-601-5610 001-120-999-5277 001-2080 165-2080 190-2080 193-2080 280-2080 190-182-999-5212 001-2140 190-183-999-5330 190-183-4982 210-190-143-5804 190-183-4975 ITEM AMOUNT 144.00 98.53 91.92 314.44 449.20 35.14 345.95 172.00 29.95 32.00 372.75 3,195.00 532.75 11.94 103.48 33.88 9.57 11.67 576.84 126.86 61.20 11.94 248.35 1,975.00 153.06 50.00 1,588.82 18.75 505.56 14.76 6.25 154.08 310.06 348.00 5.25 2,773.39 30.00 PAGE 5 CHECK AMOUNT 144.00 1,537.13 32.00 372.75 3,195.00 1,728.48 2,128.06 50.00 2,134.14 154.08 310.06 348.00 5.25 2,773.39 30.00 VOUCHRE2 CITY OF TEMECULA 08/21/97 08:46 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT CHECK AMOUNT 44988 08/21/97 002023 KING, WENDE TCSD INSTRUCTOR EARNINGS 190-183-999-5330 168.00 168.00 44989 08/21/97 001282 KNORR SYSTEMS, INC POOL MAINT SUPPLIES/EQUIPMENT 190-182-999-5212 74.98 74.98 44990 08/21/97 002685 LAAN'S TREE SERVICE SADDLEWOO0 SLOPE'REMOVE TREE 193-180-999-5415 100.00 44990 08/21/97 002685 LAAN'S TREE SERVICE VINTAGE HILLS-REMOVE TREE 193-180-999-5415 75,00 44990 08/21/97 002685 LAAN'S TREE SERVICE SIGNET SERIES-REMOVE TREE 193'180-999-5415 100.00 275.00 44991 08/21/97 002187 LAKE ELSINORE ANIMAL FR JUL ANIMAL CONTROL SERVICES 001-172-999-5255 3,318.34 3,318.34 44992 08/21/97 002632 MAIL BOXES ETC. DAILY MAIL DELIVERY 330-199-999-5250 121.00 121.00 44993 08/21/97 MANN, ALFRED REFUND: SPRING DAY CAMP 190-183-4984 219.00 219.00 44994 08/21/97 000217 MARGARITA OFFICIALS ASS ADULT SOFTBALL UMPIRES 190-183-999-5380 880.00 880.00 44995 08/21/97 001384 MINUTEMAN PRESS FOIL BUSINESS CARDS:J.WINDER 001-171-999-5222 102.50 44995 08/21/97 001384 MINUTEMAN PRESS SALES TAX 001-171-999-5222 7.94 110.44 44996 08/21/97 NEW COVENANT FELLOWSHIP REFUND: SECURITY DEPOSIT 190-2900 100.00 100.00 44997 08/21/97 002139 NORTH COUNTY TIMES - AT 1 YR SUBSCRIPTION: 219397 001-161-999-5228 61.88 44997 08/21/97 002139 NORTH COUNTY TIMES - AT CONSTUCTION UPDATE AD 001-165-999-5256 33.90 95.78 44998 08/21/97 002652 OSCAR'S CLOSED SESSION COUNCIL DINNER 001-100-999-5260 87.84 87.84 44999 08/21/97 001243 PALMQUIST, MARY TCSD INSTRUCTOR EARNINGS 190-183-999-5330 422.40 422.40 45000 08/21/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 001-2390 15,384.57 45000 08/21/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 165-2390 628.78 45000 08/21/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 190-2390 3,080.38 45000 08/21/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 191-2390 11.05 45000 08/21/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 192-2390 22.88 45000 08/21/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 193-2390 314.01 45000 08/21/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 194-2390 115.51 45000 08/21/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 280-2390 742.09 45000 08/21/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 300-2390 42.73 45000 08/21/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 320-2390 551.64 45000 08/21/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 340-2390 387.77 45000 08/21/97 000246 PERS (EMPLOYEES' RETIRE 000246 PERS-PRE 001-2130 313.17 45000 08/21/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 001-2390 62.55 45000 08/21/97 000246 PERS (EMPLOYEES~ RETIRE 000246 SURVIVOR 165-2390 1.75 45000 08/21/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 190-2390 13.85 45000 08/21/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 191-2390 .05 45000 08/21/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 192-2390 .14 45000 08/21/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 193-2390 1.54 45000 08/21/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 194-2390 .84 45000 08/21/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 280-2390 2.43 45000 08/21/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 300-2390 .23 45000 08/21/97 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 320-2390 1.86 45000 08/21/97 000246 PERS (EMPLOYEES~ RETIRE 000246 SURVIVOR 340-2390 2.18 VOUCHRE2 08/21/97 08:46 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 45000 08/21/97 000246 45000 08/21/97 000246 45001 08/21/97 001958 45002 08/21/97 000254 45002 08/21/97 000254 45002 08/21/97 000254 45003 08/21/97 002776 45004 08/21/97 001364 45004 08/21/97 001364 45004 08/21/97 001364 45004 08/21/97 001364 45005 08/21/97 002612 45006 08/21/97 000262 45006 08/21/97 000262 45007 08/21/97 002412 45007 08/21/97 002412 45007 08/21/97 002412 45008 08/21/97 000418 45009 08/21/97 000268 45010 08/21/97 002226 45011 08/21/97 000277 45012 08/21/97 000385 45013 08/21/97 000645 45014 08/21/97 45015 08/21/97 45016 08/21/97 000519 45016 08/21/97 000519 45016 08/21/97 000519 45016 08/21/97 000519 45017 08/21/97 000374 45018 08/21/97 000537 45018 08/21/97 000537 45018 08/21/97 000537 VENDOR NAME PERS (EMPLOYEES~ RETIRE PERS (EMPLOYEES~ RETIRE PERS LONG TERM CARE PRO PRESS-ENTERPRISE COMPAN PRESS-ENTERPRISE COIlPAN PRESS-ENTERPRISE COHPAN PRIME MATRIX, INC. R C P BLOCK & BRICK, IN R C P BLOCK & BRICK, IN R C P BLOCK & BRICK, IN R C P BLOCK & BRICK, IN RADIO SHACK, INC. RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RICHARDS, WATSON &GERS RICHARDS, WATSON &GERS RICHARDS, WATSON & GERS RIVERSIDE CO. CLERK & R RIVERSIDE CO. HABITAT RUSSO, MARY ANNE S & S ARTS AND CRAFTS, SHELDON EXTINGUISHER CO SMART & FINAL, INC. SOKOL, HOWARD SOON D.O.S.,RUSSELL SOUTH COONTY PEST CONTR SOUTH COUNTY PEST CONTR SOUTH COUNTY PEST CONTR SOUTH COUNTY PEST CONTR SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EOISON SOUTHERN CALIF EOISON CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS ITEM DESCRIPTION CORRECT OVERPYMT OF SURV BENE CORRECT OVERPYMT OF SURV BENE 001958 PERS L-T PUBLIC NOTICE: PA97-0221 PUBLIC NOTICE: PA95-0127 PUBLIC NOTICE: PA97-0266 SC-5001348-1KH 3 CASE SAFETY GRAFFITI REMOVER 3 CASE SAFETY GRAFFITI REMOVER SALES TAX SALES TAX MISC COMPUTER SUPPLIES 01-02-98000-0 PRKVIEW STATION 01-02-98010-0 PRKVIEW STATION MAR 97 LEGAL SERIVCES MAR LEGAL SERVICES APR LEGAL SERVICES APERTURE CARDS DUPLICATES JUL K-RAT FEES COLLECTED TCSD INSTRUCTOR EARNINGS SUPPLIES FOR RECREATION PRGMS 2 FIRE EXTINGUISHERS FOR MAINT SUPPLIES FOR RECREATION PRGMS REFUND: HAWAIIAN TAHITIAN REFUND: BALLROOM DANCING PEST CONTROL SERVICES - CRC PEST CONTROL SERVS- CITY HALL PEST CONTROL SERVICES - TCC PEST CONTROL SERVS-MAINT FACIL ELECT SERV:T SIGNAL @ BEDFORD 2-00-397-5059 VARIOUS METERS 2-02-351-6800 VARIOUS METERS 2-05-791-8807 VARIOUS METERS ACCOUNT NUMBER 001-170-999-5102 190-183-999-5102 001-2122 001-161-999-5256 001-161-999-5256 001-161-999-5256 190-180-999-5208 001-164-601-5218 190-180-999-5212 001-164-601-5218 190-180-999-5212 320-199-999-5221 001-171-999-5240 001-171-999-5240 300-199-999-5246 300-199-999-5246 300-199-999-5246 001-163-999-5220 001-2300 190-183-999-5330 190-184-999-5301 340-199-702-5242 190-184-999-5301 190-183-4982 190~183-4982 190-182'999-5250 340-199-701-5250 190-184'999-5250 340'199'702-5250 210-165-675-5804 190-180'999-5240 191-180-999-5240 191-180-999-5319 ITEM AMOUNT .92- .92- 49.85 16.75 15.50 16.00 80.98 202.56 202.56 15.70 15.70 48.22 12.03 533.36 2,865.81 265.00 670.45 5.00 1,170.00 532.00 249.33 163.46 119.61 25.00 20.00 42.00 56.00 36.00 40.00 183.58 10,952.26 44.02 7,369.08 PAGE 7 CHECK AMOUNT 21,680.16 49.85 48.25 80.98 436.52 48.22 545.39 3,801.26 5.00 1,170.00 532.00 249.33 163.46 119.61 25.00 20.00 174.00 183.58 VOUCHRE 08/21/97 VOUCHER/ CHECK NUMBER 45018 45018 45019 45019 45019 45019 45020 45020 45020 45021 45022 45022 45023 45023 45024 45025 45025 45026 45026 45027 08:46 CHECK DATE 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 VENDOR NUMBER 000537 000537 001212 001212 001212 001212 000282 000282 000282 002904 000465 000465 002150 002150 002849 000305 000305 001672 001672 000308 VENDOR NAME SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF GAS COHP SOUTHERN CALIF GAS COHP SOUTHERN CALIF GAS COHP SOUTHERN CALIF GAS COHP SOUTHERN CALIF MUNICIPA SOUTHERN CALIF MUNICIPA SOUTHERN CALIF MUNICIPA SOUTHWEST AIRLINES STRADLEY, MARY KATHLEEN STRADLEY, MARY KATHLEEN SUMMIT SAFETY PRODUCTS SUMMIT SAFETY PRODUCTS SYKES SERVICES TARGET STORE TARGET STORE TEMECULA DRAIN SERV & P TEMECULA DRAIN SERV & P TEMECULA TO~N ASSOCIATI CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 56-77-755-5997-01 WINCH 56-77-755-5999-01 WINCH 021 725 0775 SR CENTER 091 024 9300 CRC 101 525 0950 TEM COMM CTR 133 040 737~ CITY HALL MEN'S SOFTBALL SEASONAL REGIST WOMEN'S SOFTBALL SEASONAL REG CO-ED SOFTBALL SEASONAL REGIST 30 ONE WAY TICKETS FOR COUNCIL TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 20 - PROLITE SAFETY GLASSES SALES TAX SHIPPING FEES TEK CAMERA CASES FOR POLICE SALES TAX PLUMBING REPAIRS @ THE CRC PLUMBING SERVS-TEM ELEM SCHOOL 2ND YR INSTALL-TEM COMM CENTER 45028 08/21/97 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 45028 08/21/97 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 45028 08/21/97 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 45028 08/21/97 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 45028 08/21/97 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 45028 08/21/97 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 45028 08/21/97 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 45028 08/21/97 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 45028 08/21/97 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 45029 08/21/97 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 45029 08/21/97 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 45029 08/21/97 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 45029 08/21/97 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 45029 08/21/97 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 45029 08/21/97 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 000325 000325 000325 08/21/97 08/21/97 08/21/97 45030 45030 45030 UNITED WAY UNITED WAY UNITED WAY 000325 UW 000325 UW 000325 UW ACCOUNT NUMBER 191-180-999-5319 191-180-999-5319 190-181-999-5240 190-182-999~5240 190-184-999-5240 340-199-701-5240 190-183-999-5380 190-183-999-5380 190-183-999-5380 001-100-999-5258 190-183-999-5330 190-183-999-5330 001-164-601-5218 001-164-601-5218 001-171-999-5296 001-170-999-5242 001-170-999-5242 190-182-999-5212 190-180-999-5212 210-2030 001-2080 165-2080 190-2080 193-2080 194-2080 280-2080 300-2080 320-2080 340-2080 001-2160 165-2160 190-2160 193-2160 280-2160 340-2160 001-2120 165-2120 190-2120 ITEM AMOUNT 374.48 347.74 28.71 285.67 16.57 19.61 329.00 77.00 140.00 1,290.00 356.00 100.00 207.75 16.10 19.50 79.90 6.19 47.00 47.00 181,643.00 3,626.03 181.50 1,134.39 15.63 78.13 348.16 5.00 562.50 128.12 632.32 47.78 1,598.30 19.62 51.42 52.20 97.00 5.00 17.00 PAGE 8 CHECK AMOUNT 19,087.58 350.56 546.00 1,290.00 456.00 223.85 19.50 86.09 94.00 181,643.00 6,079.46 2,401.64 119.00 VOUCHRE2 08/21/97 VOUCHER/ CHECK NUMBER 45031 45031 45031 45031 45031 45031 45032 45033 45034 45034 45034 45034 45034 45035 45036 45036 45036 45036 45036 45036 45036 45036 45036 45036 08:46 CHECK DATE 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 08/21/97 VENDOR NUMBER 000326 000326 000326 000326 000326 000326 001437 001342 001342 001342 001342 001342 000345 000345 000345 000345 000345 000345 0O0345 000345 000345 000345 VENDOR NAME UNITOG RENTAL SERVICE UNITOG RENTAL SERVICE UNITOG RENTAL SERVICE UNITOG RENTAL SERVICE UNITOG RENTAL SERVICE UNITOG RENTAL SERVICE US FISH & WILDLIFE SERV VIRACK, MARYANN WAXIE SANITARY SUPPLY, WAXIE SANITARY SUPPLY, ~AXIE SANITARY SUPPLY, WAXIE SANITARY SUPPLY, WAXIE SANITARY SUPPLY, WELLS MOTIVATION INC XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI XEROX CORPORATION BILLI CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION UNIFORM RENTAL FOR PW MAINT UNIFORM RENTAL FOR TCBD MAINT FLOOR MAT RENTAL @ CRC FLOOR MAT RENTAL g $R CENTER FLOOR MAT RENTAL @ TEM COMM CT FLOOR MAT RENTAL @ MAINT FACIL PERMIT FOR DUCK POND TCSD INSTRUCTOR EARNINGS MAINTENANCE SUPPLIES - TCC MAINT SUPPLIES-CITY HALL MAINTENANCE SUPPLIES - CRC MAINTENANCE SUPPLIES - CRC MAINTENANCE SUPPLIES - CITY REFUND:SECURITY DEPOSIT TONER FOR XEROX FAX (PR0-735) SALES TAX XEROX STAPLES FOR THE 5100 SALES TAX COPIERS LEASE AGRMNT/SUPPLIES COPIERS LEASE AGRMNT/SUPPLIES COPIERS LEASE AGRMNT/SUPPLIES COPIERS LEASE AGRMNT/SUPPLIES COPIERS LEASE AGRMNT/SUPPLIES COPIERS LEASE AGRMNT/SUPPLIES ACCOUNT NUMBER 001-164-601-5243 190-180-999-5243 190-180-999-5243 190-180-999-5243 190-180-999-5243 340-199-702-5250 190-180-999-5250 190-183-999-5330 190-184-999-5212 340-199-701-5212 190-182-999-5212 190-182-999-5212 340-199-701-5212 190-2900 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 190-182-999-5239 190-182-999-5217 330-199-999-5217 330-199-999-5239 330-199-999-5391 330-2800 ITEM AMOUNT 568.47 85.84 128.00 51.92 66.58 41.84 25.00 120.00 143.99 220.59 435.93 45.20 24.21 100.00 74.00 5.74 274.00 21.24 550.03 982.72 40,147.70 724.96 13,505.20 31,674.77 PAGE 9 CHECK AMOUNT 942.65 25.00 120.00 869.92 100.00 87,960.36 TOTAL CHECKS 457,581.62 VOUCHRE2 08/29/97 12:36 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE FUND TITLE 001 GENERAL FUND 165 RDA DEV- LOW/MOO SET ASIDE 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPMENT AGENCY - 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 380 RDA - DEBT SERVICE AMOUNT 28,438.31 68,291.38 13,726.61 858.75 Z,413.41 2,603.00 18,001.99 154,423.52 498.10 462.68 16.11 2,484.58 TOTAL 292,218.44 VOUCHRE2 08/29/97 VOUCHER/ CHECK NUMBER 45037 45038 45039 45040 45041 45041 45041 45041 45041 45041 45041 45041 970821 970828 972808 45044 45044 45044 45044 45045 45046 45047 45047 45048 45049 45049 45050 45050 45050 45050 45050 45050 45050 45050 12:36 CHECK DATE 08/26/97 08/26/97 08/26/97 08/26/97 08/26/97 08/26/97 08/26/97 08/26/97 08/26/97 08/26/97 08/26/97 08/26/97 08/28/97 08/28/97 08/28/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 VENDOR NUMBER 002185 002468 002468 002468 002468 002468 002468 002468 002468 002468 002911 000166 002910 000724 000724 000724 000724 001587 002410 002278 002278 001281 001281 000101 000101 000101 000101 000101 000101 000101 000101 VENDOR NAME DIVISION OF THE STATE DIVISION OF STATE ARCHI POSTMASTER - TEMECULA GENERAL CONSOLIDATED GENERAL CONSOLIDATED GENERAL CONSOLIDATED GENERAL CONSOLIDATED GENERAL CONSOLIDATED GENERAL CONSOLIDATED GENERAL CONSOLIDATED GENERAL CONSOLIDATEO GENERAL CONSOLIDATED CARRIAGE ESCROW, INC. FIRST AMERICAN TITLE CO FIDELITY NATIONAL TITLE A & R CUSTOM SCREEN PRI A & R CUSTOM SCREEN PRI A & R CUSTOM SCREEN PRI A & R CUSTOM SCREEN PR! APWA A WOMAN'S TOUCH BUILDIN ABC SEWING & VACUUM ABC SEWING & VACUUM ALBERTSONS ALHAMBRA GROUP ALHAMBRA GROUP APPLE ONE INC. APPLE ONE INC. APPLE ONE INC. APPLE ONE INC. APPLE ONE INC. APPLE ONE INC. APPLE ONE INC. APPLE ONE INC. CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION ADA PLAN CHECK FEES-MARG. PARK P/C FEE:MARG PK BALLFIELD LGHT MAILING:ANIMAL LICENSE NOTICE RELEASE STOP NOTICE:GTH ST PRK PRGSS PMT #10-6TH ST PARKING C/O~ 5 & 6 - 6TH ST PARKING CREDIT:LINE ITEM#12 INCOMPLETE CREDIT:RETENTION CORRECTION RETENTION W/H PMT#10-6TH ST STOP NOTICE:GTH STREET PARKING STOP NOTICE:GTH ST PARKING STOP NOTICE:GTH STREET PARKING 1ST HOMEBUYER PRGRM:CASTANEDA 1ST HOMEBUYER PROGRAM:DARDEN 1ST HOMEBUYER PRGRM:MARTINELLI SOFTBALL AND BASKETBALL AWARDS SOFTBALL AND BASKETBALL AWARDS SOFTBALL AND BASKETBALL AWARDS SOFTBALL AND BASKETBALL AWARDS REG:R.PARKS 9/11 "PERMITTING" AUG JANITORIAL SRVC-CITY PARKS VACUUM CLEANER BELT REPAIR VACUUM CORD REFUND:SECURITY DEPOSIT ADA LDSC ARCHITECT SRVCS-PARKS DUCK POND LDSC ARCHITECT SRVCS TEMP HELP W/E 712 CREGUT TEMP HELP W/E 7/12 COMYNS TEMP HELP W/E 7/12-CITY CLERKS TEMP HELP W/E 7/12 O'CONNER TEMP HELP W/E 7/12 O~CONNER TEMP HELP W/E 8/2 CERASANI TEMP HELP W/E 8/2 GROVES,COMYN TEMP HELP W/E 8/2 CREGUT ACCOUNT NUMBER 210-190-119-5802 210-190-119-5802 001-172-999-5255 280-2038 280-199-804-5804 280-199-804-5804 280-199-804-5804 280-2035 280-2035 280-2038 280-2038 280-2038 165-199-999-5449 165-199-999-5449 165-199-999-5449 190-183-999-5380 190-183-999-5380 190-183-999-5380 190-183-999-5380 001-163-999-5261 190-180-999-5250 190-184-999-5212 340-199-701-5212 190-2900 210-190-148-5802 210-190-143-5802 190-180-999-5118 001-161-999-5118 001-120-999-5118 280-199-999-5118 165:199-999-5118 001-120-999-5118 001-161-999-5118 190-180-999-5118 ITEM AMOUNT 390.00 1,365.00 2,470.82 20,445.01 182,818.50 3,765.00 1,500.00- 150.00 18,658.34- 20,445.01- 9,648.25- 6,363.24- 18,600.00 21,000.00 23,200.00 745.09 966.52 290.93 689.60 75.00 1,722.00 16.16 16.11 100.00 681.53 3,650.00 352.17 343.14 605.01 63.57 63.57 153.51 180.60 225.76 PAGE 1 CHECK AMOUNT 390.00 1,365.00 2,470.82 20,445.01 130,118.66 18,600.00 21,000.00 23,200.00 2,692.14 75.00 1,722.00 32.27 100.00 4,331.53 1,987.33 45051 08/29/97 000622 BANTA ELECTRIC-REFRIGER ELECTRICAL SERVICES - PARKS 190-180-999-5212 230.00 45051 08/29/97 000622 BANTA ELECTRIC-REFRIGER ELECTRICAL SERVICES - PARKS 190-180-999-5212 67.50 297.50 VOUCHRE2 08/29/97 12:36 VENDOR NAME BARKER, RICHARD BO~4AN U.S.A. BOndMAN U.S.A. BC)~INAN U.S.A. BOY SCOUTS OF AMERICA CPRS CADDY GRAPHICS CALIFORNIA ASSN. FOR LO CALIFORNIA LANDSCAPE HA CALIFORNIA SOCIETY OF C CENTRAL CITIES SIGN SER 000137 CHEVRON U S A INC. DEWITZ, PAUL DEWITZ, PAUL E S I EMPLOYMENT SERVIC E S I EMPLOYMENT SERVIC E S I EMPLOYMENT SERVIC ECONOHIC DEVELOPMENT CO ELLIS GROUP, INC. ELLIS GROUP, INC. EUROPEAN DELl & CATERIN 08/29/97 001056 EXCEL LANDSCAPE VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 45052 08/29/97 45053 08/29/97 002905 45053 08/29/97 002905 45053 08/29/97 002905 45054 08/29/97 45055 08/29/97 001260 45056 08/29/97 000702 45057 08/29/97 00048~ 45058 08/29/97 000126 45059 08/29/97 000151 45060 08/29/97 000135 45061 08/29/97 45062 08/29/97 65062 08/29/97 45063 08/29/97 001380 45063 08/29/97 001380 45063 08/29/97 001380 45064 08/29/97 000395 45065 08/29/97 002802 45065 08/29/97 002802 45066 08/29/97 002060 45067 45068 08/29/97 002265 45069 08/29/97 000184 45069 08/29/97 000184 45069 08/29/97 00018~ 45069 08/29/97 000184 45070 08/29/97 002141 GEIS, PAUL 45071 45072 45072 FIRST TRUST OF CALIFORN G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM G T E CALIFORNIA - PAYM 08/29/97 002528 GLASS BLASTERS 08/29/97 000177 GLENNIES OFFICE PRODUCT 08/29/97 00017'/ GLENNIES OFFICE PRODUCT CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS ITEM DESCRIPTION REFUND:SECURITY DEPOSIT (30)POLICE DECALS (10) TEMECULA DECALS SALES TAX REFUND:SECURITY DEPOSIT JOB AD-RECREATION COORDINATOR HARVEST BANNER DESIGN 97/98 ANNUAL MEMBERSHIP DUES LDSC IMPROVEMENTS -MEDIANS MEMBERSHIP:T.MCDERMOTT 97/98 STREET SIGNS & MISC HAROWARE FUEL EXPENSE FOR CITY VEHICLES REFUND:PARKING CITATION#14539 REFUND:PARKING CITATION#14539 TEMP HELP (2)W/E 7/4 DONAHOE TEMP HELP (2)N/E 7/18 OONAHOE TEMP HELP(2)N/E 8/1DONAHOE (1/2)PMT-TEM RPT - BUS. PRESS MAY LEGAL SERVICES-1ST STREET dUN LEGAL SERVICES-1ST STREET REFRESHMENTS-COUNCIL MEETING IRRIGATION REPAIR-SPORTS PARK SEMI-ANNUAL ADMIN FEE-R.D.A. 909-676-0783-AUG-GENERAL USAGE 909-676-6243-AUG-PALA COMM PRK 909o694-4354-AUG-PALA COMM PRK 909-695-3564-AUG-CITY ALARM MOTORCYCLE REPAIR POLICE DEPT ETCHED PITCHER WITH CITY LOGO OFFICE SUPPLIES - RDA/LOW-MOD OFFICE SUPPLIES - RDA/LON-MOD ACCOUNT NUMBER 190-2900 001-170-999-5222 001-170-999-5222 001-170-999-5222 190-2900 190-180-999-5256 280-199-999-5270 280-199-999-5226 191-180-999-5415 001-140-999-5226 210-165-637-5804 001-161-999-5262 001-170-4055 001-2260 001-161-999-5118 001-161-999-5118 001-161-9~-5118 280-199-999-5270 210-2030 210-2030 001-100-999-5260 190-180-999-5415 380-1~-999-5227 320-1~-999-5208 320-1~-~9-5208 320-1~-999-5208 320-1~-999-5208 001-170-999-5214 001-100-999-5250 280-1~-999-5220 165-1~-999-5220 ITEM AMOUNT 100.00 122.40 60.80 14.20 100.00 55.25 65.00 350.00 446.94 185.00 290.93 10.91 20.00 5.00 2,912.80 2,821.78 2,985.62 434.00 3,237.50 5,187.81 98.85 23.17 2,484.58 64.44 26.83 29.64 52.09 200.00 26.94 101.61 101.60 PAGE 2 CHECK AMOUNT 100.00 197.40 100.00 55.25 65.00 350.00 446.94 185.00 290.93 10.91 25.00 8,720.20 434.00 8,425.31 98.85 23.17 2,484.58 173.00 200.00 26.94 203.21 VOUCHRE2 08/29/97 VOUCHER/ CHECK NUMBER 45073 45073 45074 45075 45076 45077 45078 45079 45079 45080 45081 45082 45082 45083 45084 45085 45085 45085 45085 45085 45085 45086 45087 45087 45088 45089 45090 45090 45091 45092 45092 45092 12:36 CHECK DATE 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 VENDOR NUMBER 002174 002174 002372 002098 002464 001667 000206 000206 000488 000209 000209 000380 000384 000220 000220 000220 000220 000220 000220 000228 000437 002139 002139 002105 002105 002105 VENDOR NAME GROUP 1 PROOUCTIONS GROUP 1 PRODUCTIONS HARMON, JUDY HOUSE OF MOTORCYCLES HWANG, SUN SUN YU IKON CAPITAL KELLY TEMPORARY SERVICE KINKO'S, INC. KINKOrS, INC. KMIECIK, LID1A KNOTTrS BERRY FARM L & M FERTILIZER, INC. L & M FERTILIZER, INC. LAIDLAW TRANSIT, INC. LAW/CRANDALL, INC. MAURICE PRINTERS, INC. MAURICE PRINTERS, INC. MAURICE PRINTERS, INC. MAURICE PRINTERS, INC. MAURICE PRINTERS, INC. MAURICE PRINTERS, INC. MCCARROLL, KARLYN MCCLOUD, PAULINE MCCLOUD, PAULINE MOBIL CREDIT FINANCE CO MORELAND & ASSOCIATES NORTH COUNTY TIMES - AT NORTH COUNTY TIMES - AT OFELIA, RECTOR OLD TOWN TIRE & SERVICE OLD TOWN TIRE & SERVICE OLD TOWN TIRE & SERVICE CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION TEM ONE VIDEO-H. PUTMAN AWARDS TEM ONE VIDEO-H.PUTMAN AWARDS TCSD INSTRUCTOR EARNINGS REPAIR OF POLICE MOTORCYCLES REFUND:SUPER TEEN MYSTERY 3 MTH COPIER RENTAL:STATION 73 TEMP HELP W/E 7/20 WALKER STATIONERY PAPER/MISC SUPPLIES PRINTING SUPPLIES REFUND:BOWLING & BEACH TRIP KNOTTrS EXCURSION -10/17 HAND HELD BLOWER-FIRE ST ~ SALES TAX BUS-DAYCAMP TRIP:KNOTT~S 8/14 JUL PROF SRVCS-WALCOTT CORRIDR 150 GANG RUN OF CIP & BUDGET SALES TAX BLANK PAPER STOCK FOR DOC SALES TAX OPERATING BUDGET TABS SALES TAX REFUND: FACILITY ROOM RENTAL REFUND:TEEN PROGRAM REFUND:TEEN PROGRAM FUEL FOR CITY VEHICLES JUN TEMP HELP SR ACCT-BOARDMAN 97/98 SUBSCRIPTION-C.MANAGERS lyr SUBSCRIPTION:CALIFORNIAN REFUND: SWIMMING LESSONS CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT ACCOUNT NUMBER 280-199-999-5250 165-199-999-5250 190-183-999-5330 001-170-999-5214 190-183-4980 001-171-999-5239 330-199-999-5118 001-199-4060 190-183-999-5370 190-183-4980 190-183-999-5350 210-190-626-5610 210-190-626-5610 190-183-999-5340 210-165-637-5804 001-140-999-5222 001-140-999-5222 001-140-999-5222 001-140-999-5222 001-140-999-5222 001-140-999-5222 190-183-4990 190-183-4980 190-183-4980 001-170-999-5262 001-140-999-5118 001-110-999-5228 001-140-999-5228 190-183-4975 001-162-999-5214 001-164-601-5214 190-180-999-5214 ITEM AMOUNT 1,100.00 1,100.00 520.00 54.53 20.00 526.41 342.00 99.72 3.45 32.00 1,565.20 169.95 13.17 428.64 1,942.27 1,684.00 130.51 562.00 43.56 449.00 34.80 10.00 14.00 14.00 98.32 4,047.98 61.88 57.20 35.00 82.30 175.49 37.88 PAGE 3 CHECK AMOUNT 2,200.00 520.00 54.53 20.00 526.41 342.00 103.17 32.00 1,565.20 183.12 428.64 1,942.27 2,903.87 10.00 28.00 98.32 4,047.98 119.08 35.00 VOUCHRE2 08/29/97 VOUCHER/ CHECK NUMBER 45092 45092 45093 45093 45094 45095 45095 45095 45095 45095 45095 45095 45095 45095 45095 45095 45095 45095 45095 45095 45095 45095 45095 45095 45095 45095 45095 45095 45095 45095 45095 45095 45095 45095 45095 45095 45095 45095 45095 45095 45095 45095 45095 45097 45097 45097 12:36 CHECK DATE 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 VENDOR NUMBER 002105 002105 001383 001383 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 000249 002831 002831 002831 VENDOR NAME OLD TO~N TIRE & SERVICE OLD TO~N TIRE & SERVICE P M W ASSOCIATES, INC. P M W ASSOCIATES, INC. PAUBA VALLEY ELEMENTARY PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PHENEX TECHNOLOGY, INC PHENEX TECHNOLOGY, INC PHENEX TECHNOLOGY, INC CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION CITY VEHICLE REPAIRS & MAINT CITY VEHICLE REPAIRS & MAINT JULY RDA CONSULTING SERVICES JULY RDA CONSULTING SERVICES REFUND: SECURITY DEPOSIT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT 25 FIRST DUE FIRE HELMET FREIGHT SALES TAX ACCOUNT NUMBER 190-180-999-5214 001-164-604-5214 165-199-999-5248 280-199-999-5248 190-2900 001-100-999-5260 001-110-999-5248 001-110-999-5248 001-100-999-5260 001-110-999-5260 001-120-999-5261 001-140-999-5260 001-150-999-5260 001-150-999-5261 001-150-999-5230 001-164-601-5214 001-164-601-5215 001-164-601-5218 001-164-604-5260 001-164-601-5260 165-199-999-5220 280-199-999-5220 165-199-999-5220 280-199-999-5220 190-183-999-5340 190-181-999-5301 190-183-999-5320 190-183-999-5370 320-199-999-5242 001-140-999-5220 001-120-999-5230 001-120-999-5222 001-164-604-5220 001-161-999-5222 001-120-999-5220 001-161-999-5261 001-140-999-5261 001-171-999-5261 190-2920 190-180-999-5260 190-180-999-5301 190-181-999-5301 001-1990 001-171-999-5242 001-171-999-5242 001-171-999-5242 ITEM AMOUNT 25.95 116.58 4,211.97 1,403.99 100.00 1.25 22.09 17.97 11.73 10.00 14.05 17.46 7.25 14.54 .32 4.22 21.54 15.03 13.90 16.51 4.25 4.26 9.99 9.99 32.50 18.49 19.41 107.26 26.46 8.56 .23 8.30 14.00 13.59 37.07 13.37 39.54 39.54 12.99 48.26 8.42 31.43 25.00 2,250.00 15.41 174.38 PAGE 4 CHECK AMOUNT 438.20 5,615.96 100.00 720.77 2,439.79 VOUCHRE2 08/29/97 12:36 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 45098 08/29/97 000580 45098 08/29/97 000580 45099 08/29/97 000254 45099 08/29/97 000254 45099 08/29/97 000254 45099 08/29/97 000254 45099 08/29/97 000254 45099 08/29/97 000254 45099 08/29/97 000254 45100 08/29/97 001938 45101 08/29/97 002110 45101 08/29/97 002110 45102 08/29/97 000255 45102 08/29/97 000255 45103 08/29/97 002483 45104 08/29/97 002612 45104. 08/29/97 002612 45105 08/29/97 002841 45106 08/29/97 000262 45106 08/29/97 000262 45106 08/29/97 000262 45107 08/29/97 000266 45108 08/29/97 000418 45109 08/29/97 45110 08/29/97 000271 45110 08/29/97 000271 45111 08/29/97 000277 45112 08/29/97 000537 45112 08/29/9? 000537 45113 08/29/97 001212 45114 08/29/97 000282 45115 08/29/97 002183 45116 08/29/97 002453 VENDOR NAME PHOTO WORKS PHOTO WORKS PRESS-ENTERPRISE COHPAN PRESS-ENTERPRISE COMPAN PRESS-ENTERPRISE COHPAN PRESS-ENTERPRISE COMPAN PRESS-ENTERPRISE CONPAN PRESS-ENTERPRISE COHPAN PRESS-ENTERPRISE COHPAN PRICE, JOAN F. PRIME EQUIPMENT PRIME EQUIPMENT PRO LOCK & KEY PRO LOCK & KEY PRO TECH SERVICES RADIO SHACK, INC. RADIO SHACK, INC. RAIN FOR RENT RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RANCHO CALIFORNIA WATER RIGHTWAY RIVERSIDE CO. CLERK & R RIVERSIDE CO. VICTOR MI ROBERT BEIN, NM FROST & ROBERT BEIN, kmM FROST & S & S ARTS AND CRAFTS, SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF GAS COHP SOUTHERN CALIF MUNICIPA SPORTS TURF MANAGERS AS SUPER SEER CORPORATION CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION FILM & PHOTO DEVELOPING FILM & PHOTO DEVELOPING PUBLIC NOTICE: PQ97-O9CSD PUBLIC NOTICE: PH-272 PUBLIC NOTICE: PA97-0270 PUBLIC NOTICE: PA97-0036 PUBLIC NOTICE: PERS AMENDMNT PUBLIC NOTICE: 15.06 PUBLIC NOTICE: 97-12 RECORDING SECRETARY:OLD TWN CO 80 GAL TANK AIR COMPRESSOR SALES TAX LOCKSMITH SERVICES - PARKS LOCKSMITH SERVICES - PARKS CK & REPAIR POOL HEATING EQUIP MISC COMPUTER SUPPLIES MISC COMPUTER SUPPLIES IRRIGATION SYSTEM:SPTS PRK HIL VARIOUS WATER METERS VARIOUS WATER METERS VARIOUS WATER METERS PORTABLE TOILET RENTAL:RIVERTO CERTIFIED COPY:RDA AGMT W/DUAL PUBLCATION: GOWT CODE JUNE PRGSS:I-15/79(S) PRJT RPT ITEM 2.13 NOT COMPLETED ACTIVITY SUPPLIES FOR CRC 2-07-626-6063 RANCHO VISTA 60-77-9440-01HWY-79 TC1 095 167 7907 2 PRKVW STATION SPORTS MGMT TRAIN:S.JOHNSON 97 STMA NATAL DUES CATEGORY IV RE-ISSUE CK:INV 13308 04/09/97 ACCOUNT NUMBER 190-180-999-5250 001-110-999-5223 001-120-999-5256 001-120-999-5256 001-161-999-5256 001-161-999-5256 001-120-999-5256 001-120-999-5256 001-120-999-5256 280-199-999-5250 001-164-601-5610 001-164-601-5610 190-180-999-5212 190-180-999-5212 190-182-999-5212 320-199-999-5221 320-199-999-5221 190-183-999-5370 190-180-999-5240 191-180-999-5240 193-180-999-5240 190-180-999-5238 001-120-999-5250 190-180-999-5228 210-165-662-5804 210-165-662-5804 190-183-999-5340 193-180-999-5240 191-180-999-5319 001-171-999-5240 190-180-999-5261 190-180-999-5226 001-170-999-5243 ITEM AMOUNT 66.24 10.51 91.18 13.75 16.75 21.50 6.00 5.75 10.00 50.00 1,812.00 140.43 95.33 100.93 163.61 43.09 23.21 1,614.07 1,705.07 233.82 2,399.01 62.89 9.00 10.50 1,787.83 714.00- 113.83 14.40 177.99 72.93 120.00 75.00 299.53 PAGE 5 CHECK AMCRJNT 76.75 164.93 50.00 1,952.43 196.26 163.61 66.30 1,614.07 4,337.90 62.89 9.00 10.50 1,073.83 113.83 192.39 72.93 120.00 75. O0 299.53 VOUCHRE2 08/29/97 VOUCHER/ CHECK NUMBER 45117 45117 45118 45119 45119 45120 45121 45121 45122 45123 45124 45125 45126 45126 12:36 CHECK DATE 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 08/29/97 VENDOR NUMBER 002889 002889 000307 002834 002834 002576 002566 002566 000621 002092 000345 000345 VENDOR NAME TAYMAR TAYMAR TEMECULA TROPHY CO. THOHAS NIX DISTRIBUTORS THOMAS NIX DISTRIBUTORS URBAN DESIGN STUDIO VALLEY MICRO COMPUTERS VALLEY MICRO COMPUTERS VREELAND, LILY WEBSTER, KRISTIE WESTERN RIVERSIDE COUNC WINTER GRAPHICS SOUTH XEROX CORPORATION BILLi XEROX CORPORATION BILLI CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS ITEM DESCRIPTION 4 PLEXIGLASS LITERATURE HOLDER SALES TAX SPORT ACTIVITIES TROPHYS POLICE CAMERA FOR STOREFRONT SALES TAX MAY PRF SERVS DESIGN GUIDELINE MISC COMPUTER SUPPLIES MISC COMPUTER SUPPLIES REFUND: SWIMMING LESSONS REFUND: SWIMMING LESSONS 97-98 SOLID WASTE COOP PRGM BUSINESS PRESS 1/2 PG AD TONER FOR XEROX 5012 SALES TAX ACCOUNT NUMBER 001-140-999-5220 001-140-999-5220 190-183-999-5380 001-150-999-5242 001-150-999-5242 001-161-999-5248 320-199-999-5221 320-199-999-5221 190-183-4975 190-183-4975 194-180-999-5226 280-199-999-5270 330-199-999-5220 330-199-999-5220 ITEM AMOUNT 50.00 3.88 780.11 614.00 47.59 870.00 56.88 175.46 25.00 25.00 2,603.00 277.43 112.00 8.68 PAGE 6 CHECK AMOUNT 53.88 780.11 661.59 870.00 232.34 25.00 25.00 2,603.00 277.43 120.68 TOTAL CHECKS 292,218.44 VOUCHRE2 PAGE 2 08/29/97 13:23 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE 001 GENERAL FUND 190 COHMUNITY SERVICES DISTRICT CAPITAL [MPROVEMENT PROJ FUNO REDEVELOPMENT AGENCY - 300 INSURANCE FUND AMOUNT 53,362.92 875.83 64,460.81 14,339.65 17,968.76 TOTAL 151,007.97 VOUCHRE2 08/29/97 VOUCHER/ CHECK NUMBER 45129 45130 45131 45132 45133 45133 45134 45134 45134 45134 45135 45135 45135 45135 45135 45135 45135 45135 45135 45135 45135 45135 45135 45135 45135 45135 45135 45135 45135 45135 45135 45135 45135 45135 45135 45135 45135 45136 45136 45136 45137 45137 13:23 CHECK DATE 09/09/97 09/09/97 09/09/97 09/09/97 09/09/97 09/09/97 09/09/97 09/09/97 09/09/97 09/09/97 09/09/97 09/09/97 09/09/97 09/09/97 09/09/97 09/09/97 09/09/97 09/09/97 09/09/97 09/09/97 09/09/97 09/09/97 09/09/97 09/09/97 09/09/97 09/09/97 09/09/97 09/09/97 09/09/97 09/09/97 09/09/97 09/09/97 09/09/97 09/09/97 09/09/97 09/09/97 09/09/97 09/09/97 09/09/97 09/09/97 09/09/97 09/09/97 VENDOR NUMBER 001281 002093 000131 002358 000164 000164 002797 002797 002797 002797 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 002412 000420 000420 000420 000345 000345 VENDOR NAME ALHAMBRA GROUP BERRYMAN AND HENIGAR CARL WARREN & CO., INC. CERTIFIED FOLDER DISPLA ESGIL CORPORATION ESGIL CORPORATION EXPERTEES EXPERTEES EXPERTEES EXPERTEES RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS RICHARDS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHAROS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHAROS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS RICHARDS, WATSON & GERS TRANS-PACIFIC CONSULTAN TRANS-PACIFIC CONSULTAN TRANS-PACIFIC CONSULTAN XEROX CORPORATION BILLI XEROX CORPORATION BILLI CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION LDSC ARCHTECT SRVCS-DUCK POND JUN-JUL PROF SRVCS PAVMNT MGMT JUN-JUL CLAIM SERVICES 97/98-BROCHURE DISTB.SAN DIEGO JUL PLAN CHECK SERVICES CREDIT:REVISED INVOICE TOTAL POLO SHIRTS WITH EMBROIDERY COMPUTER TAPE DIGITISING FOR FREIGHT SALES TAX JULY 97 LEGAL SERVICES-GENERAL JULY 97 LEGAL SERVICES-GENERAL JULY 97 LEGAL SERVICES-GENERAL JULY 97 LEGAL SERVICES-GENERAL JULY 97 LEGAL SERVICES-GENERAL JULY LEGAL SERVICES - GENERAL JULY LEGAL SERVICES - GENERAL JULY 97 LEGAL SERVICES'GENERAL JULY 97 LEGAL SERVICES-GENERAL JULY 97 LEGAL SERVICES-GENERAL JULY 97 LEGAL SERVICES-GENERAL dULY 97 LEGAL SERVICES-GENERAL JULY 97 LEGAL SERVICES-GENERAL dULY 97 LEGAL SERVICES-GENERAL dULY 97 LEGAL SERVICES-GENERAL dULY 97 LEGAL SERVS-CLAIMS JULY 97 LEGAL SERVS-CLAIMS JULY 97 LEGAL SERVS-CLAIMS JULY 97 LEGAL SERVS-CLAIMS JULY 97 LEGAL SERVS-CLAIMS JULY 97 LEGAL SERVS-CLAIMS JULY 97 LEGAL SERVS-CLAIMS JULY 97 LEGAL SERVS-CLAIMS JULY 97 LEGAL SERVICES-GENERAL JULY 97 LEGAL SERVICES-GENERAL dULY 97 LEGAL SERVS-CLAIMS JULY 97 LEGAL SERVICES'GENERAL JULY DESIGN OVERLAND DR/MARGAR JULY DESIGN WSTRN BYPASS CORA JUL DESIGN WSTEN BYPASS CORA XEROX DC20-CF COPIER:PRKVW XEROX DC20-CF COPIER:PRKVW ACCOUNT NUMBER 210-190-143-5802 210-165-669-5802 300-199-999-5205 280-199-999-5270 001-162-999-5248 001-162-999-5248 280-199-999-5270 280-199-999-5270 280-199-999-5270 280-199-999-5270 001-130-999-5246 001-130-999-5246 001-130-999-5246 001-130-999-5246 001-130-999-5246 190-180-999-5246 001-130-999-5246 001-130-999-5246 001-130-999-5246 001-1280 001-130-999-5246 001-130-999-5246 001-1280 001-130-999-5246 300-1270 300-199-999-5246 001-1280 300-199-999-5246 300-199-999-5246 300-199-999-5246 300-199-999-5246 300-199-999-5246 300-199-999-5246 001-130-999-5246 001-130-999-5246 300-199-999-5246 001-130-999-5246 210-165-681-5802 210-165-612-5802 210-165-612-5802 210-190-626-5610 210-190-626-5804 ITEM AMOUNT 5,500.00 5,460.56 6,618.65 6,824.04 5,261.58 100.00- 6,422.48 475.95 82.55 534.63 7,901.88 13,697.07 7,764.77 1,195.00 8,922.10 875.83 168.00 120.00 286.50 39.00 351.00 2,359.28 68.00 616.89 2,135.00 237.59 100.75 22.75 2,961.75 395.50 1,815.18 3,210.00 429.34 1,354.50 3,219.85 143.00 36.75 31,899.50 1,761.98 10,356.77 8,800.00 682.00 PAGE 1 CHECK AMOUNT 5,500.00 5,460.56 6,618.65 6,824.04 5,161.58 7,515.61 60,427.28 44,018.25 9,482.00 TOTAL CHECKS 151,007.97 ITEM 4 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY DIRECTOR OF FII~E~_~ C I TY MANAGER CITY OF TEMECULA AGENDA REPORT City Manager/City Council Genie Roberts, Director of Finance September 9, 1997 City Treasurer's Report as of July 31, 1997 PREPARED BY: RECOMMENDATION: as of July 31, 1997. DISCUSSION: Tim McDermott, Assistant Finance Director Jesse Diaz, Project Accountant (~ That the City Council receive and file the City Treasurer's Report Reports to the City Council regarding the City's investment portfolio and receipts, disbursements and fund balance are required by Government Code Sections 53646 and 41004 respectively. The City's investment portfolio is in compliance with Government Code Sections 53601 and 53635 as of July 31, 1997. FISCAL IMPACT: ATTACHMENTS: None 1. City Treasurer's Report as of July 31, 1997 2. Schedule of Assets, Liabilities, and Fund Equity as of July 31, 1997 City of Temecula City Treasurer's Report As of July 31, 1997 Cash Activity for the Month of July Cash and Investments as of July 1 , 1997 Cash Receipts Cash Disbursements Cash and Investments as of July 31,1997 $ 52,191,942 3,663,898 (5,398,360) $ 50,457,480 Cash and Investments Portfolio: Type of Investment Petty Cash General Checking Sweep Account (Money Market Account) Benefit Demand Deposits Local Agency Investment Fund Retention Escrow Account Retention Escrow Account Checking Accounts (Sherwood/Pujol Apartments) Deferred Compensation Fund Deferred Compensation Fund Defined Contribution Fund Trust Accounts-TCSD COPs (Money Market Account) Reserve Account-TCSD COPs (Guaranteed Investment Contract) Trust Accounts-RDA Bonds (Money Market Account) Reserve Account-RDA Bonds (Guaranteed Investment Contract) Institution City Hall Union Bank Union Bank (Highmark U.S. Treasury) Union Bank State Treasurer Landmark/California State Bank First Pacific National Bank Home Savings of America ICMA PEBSCO PEBSCO First Trust(FirstAm. Treasury) Bayerische Landesbank First Trust (First Am. Treasury) Bayerische Landesbank Yield 4.620 % 5.679 % 5.250 % 5.150 % 5.010 % 6.870 % 5.010 % 7.400 % Maturity Date (2) Contractual/ Market Value $ 1,500 300,537 263,000 5,403 35,809,436 214,644 174,787 1,388 412,332 617,860 70,063 17,697 502,690 10,617,203 1,448,920 Par/Book Balance $ 1,500 300,537 (1) 263,000 5,403 (1) 35,809,436 (3) 214,644 174,787 1,388 412,332 617,860 70,083 17,697 502,690 10,617,203 1,448,920 $ 50,457,480 (1)-This amount is net of outstanding checks. (2)-All investments are liquid and currently available. (3)-At June 30, 1997 total market value for the Local Agency Investment Fund (LAIF) was $28,637,448,331. The City's proportionate share of that value was $37,967,662. July 1997 information is not yet available. The City of Temecula's portfolio is in compliance with the investment policy. Adequate funds will be available to meet budgeted and actual expenditures of the City of Temecula for the next six months. City of Temecula Schedule of Assets, Liabilities, and Fund Balances As of July 31, 1997 Assets: Cash and investments Receivables Due from other funds Land held for resale Prepaid assets Deposits Fixed assets-net City (1) Community Services Redevelopment District Agency 30,594,180 $ 2,009,164 $ 17,854,136 $ 5,141,417 653,378 680,919 2,155,512 10,907 90,105 286,789 1,021,631 Total assets $ 39,289,634 2,103,053 Total 50,457,480 6,475,714 2,166,419 2,103,053 90,105 286,789 1,021,631 $ 2,673,449 $ 20,638,108 $ 62,601,191 Liabilities and fund equity: Liabilities: Due to other funds $ 1,044,007 Other liabilities 5,023,079 $ 10,907 $ 1,111,505 $ 2,166,419 143,438 952,173 6,118,690 Total liabilities 6,067,086 154,345 2,063,678 8,285,109 Fund equity: Contributed capital 1,281,781 Retained earnings 824,687 Fund balances: Reserved (2) 3,467,257 Designated (3) 23,570,268 Undesignated 4,078,555 Total fund equity 1,281,781 824,687 Total liabilities and fund equity 586,298 7,565,992 11,619,547 1,932,806 11,008,438 36,511,512 4,078,555 33,222,548 2,519,104 18,574,430 54,316,082 $ 39,289,634 $ 2,673,449 $ 20,638,108 $ 62,601,191 (1) Includes General Fund, CIP Fund, Gas Tax Fund, other special revenue funds, and deferred comp agency funds. (2) Includes amounts reserved for encumbrances, land held for resale, long-term notes receivable, Iow/mod housing, and debt service. (3) Includes amounts designated for economic uncertainty, future capital projects, debt service, and continuing appropriations ITEM 5 APPP/~ ,A~ FINANCE DIRECTO~ ~'~" CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager (~Joseph Kicak, Director of Public Works/City Engineer September 9, 1997 Tract Map No. 23371-6 Located on the Northerly Side of Rancho California Road between Margarita Road and Meadows Parkway PREPARED BY: /c~ Ronald J. Parks, Principal Engineer - Land Development -~J~- Larry D. Cooley, Assistant Engineer RECOMMENDATION: That the City Council approve Final Tract Map No. 23371-6 subject to the Conditions of Approval. BACKGROUND: Tentative Tract Map No. 23371 was approved by the Riverside County Board of Supervisors on November 8, 1988. The tentative map was approved to allow the filing of multiple final maps. Tentative Tract No. 23371, which is part of the Margarita Specific Plan No. 199, was granted and initial extension of time on November 8, 1990. A Memorandum of Understanding effective April 23, 1996, between the City and McMillan Project Services, Inc., extends the life of the tentative map until November 8, 2000. The Developer has met all of the applicable Conditions of Approval for the recordation of the subject final map for 28 single-family lots. A drainage easement, which is obsolete due to improvements located elsewhere, is being summarily vacated under separate Resolution from South General Kearny Road to Margarita Road (see Location Map attached). The following fees have been paid for Tract Map No. 23371-6: Planning and Engineering Review Fees Monumentation Review Fee Stephen's K-Rat Fee Area Drainage Plan (ADP) Fee to Riverside County Flood Control District The following fees have been deferred until first building permit by the developer of Tract Map No. 23371-6: Public Facilities Fees (per Development Agreement No. 5 and MOU) -1- r:\agdrpt\97\O909\tr233716.map The following security for construction of street improvements has been posted for Tract Map No.23371-6: Faithful Performance Bond for the sum total of $218,000; Labor and Materials Bond in the amount of $109,000; Monumentation Bond in the amount of $18,840. FISCAL IMPACT: None. ATTACHMENTS: 1. Development Fee Checklist 2. Fees and Securities Report 3. Location Map -2- r:\agd rpt\97\0909\tr233716.map CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST Final Tract Mal~ No. 23371-6 The following fees and deposits were reviewed by Staff relative to their applicability to this project: Fee Condition of Approval Habitat Conservation Plan (K-Rat) Established under County COA Due Prior to Grading Permit (Paid) ADP Established under County COA Due Prior to Final Map (Paid) Public Facility Section 4.2;Development Agreement No.5 Due Prior to Building Permit Quimby' Section 4.2;Development Agreement No.5 Due Prior to Building Permit 'Pursuant to Amendment No.3 of the Margarita Village Specific Plan, the park land dedication (Quimby) for this tract shall be satisfied through the future dedication and construction of a 12.5 acre community park facility at the southwest corner of La Serena Way and Meadows Parkway. -3- r:\agd rpt\97\O909\tr233716.map CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT TRACT MAP NO. 23371-6 IMPROVEMENTS STREETS WATER SEWER Monument Security TOTAL DATE: September 9, 1997 LETTER OF CREDIT SECURITY 126,500 49,000 42,500 218,000 $18,840 DEVELOPMENT FEES RCFCD Drainage Fee Public Facilities Fees Quimby Fee' $12,600.50 $T.B.D. $NA SERVICE FEES Planning Fee Comprehensive Transportation Plan Map Check Fee Monument Inspection Fee Fees Paid to Date to City Balance of Fees Due $ 131.00 $ 8.00 1,350.00 ¢942.00 2,431 .00 ¢0.00 'Pursuant to Amendment No.3 of the Margarita Village Specific Plan, the park land dedication (Quimby) for this tract shall be satisfied through the future dedication and construction of a 12.5 acre community park facility at the southwest corner of La Serena Way and Meadows Parkway. -4- r:\agdrpt\97\0909\tr233716. map LOCATION MAP FINAL TRACT MAP NO. 23371-6 ITEM 6 CITY ATTORNEY FINANCE DIRECTO CITY MANAGER TO'. FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager (~,/Joseph Kicak, Director of Public Works/City Engineer September 9, 1997 Summary Vacation of a Drainage Easement from South General Kearny Road to Margarita Road PREPARED BY: ~;~/~,(, Ronald J. Parks, Principal Engineer-Land Development Larry Cooley, Assistant Engineer RECOMMENDATION: That the City Council Adopt a Resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUMMARILY VACATING AN EASEMENT FOR DRAINAGE PURPOSES FROM SOUTH GENERAL KEARNY ROAD TO MARGARITA ROAD. BACKGROUND: The subject drainage easements were dedicated to the County of Riverside per Parcel Map 21884 and various grant deeds. These easements were based on conceptual storm drain alignments and, as ultimate improvements have now been constructed, are no longer necessary. Said easements vary in width from 66 feet wide south of Metropolitan Water District fee right-of-way to Margarita Road to 20 feet wide southerly of South General Kearny Road. McMillan Project Services, Inc. is intending to record a final Tract Map (Tract 23371-6) for a residential subdivision within the Temeku Development, as part of Specific Plan No. 199. An obsolete system of drainage easements courses through the development and would negatively affect this new subdivision. Since no other land interests are coincident with said drainage easements, a summary vacation is appropriate. FISCAL IMPACT: None. ATTACHMENTS: Resolution No. 97- with Exhibits "A" and "B", inclusive -1- r:\agdrpt\96\O827\tr23371.vac/ajp RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUMMARILY VACATING AN EASEMENT FOR DRAINAGE PURPOSES FROM SOUTH GENERAL KEARNY ROAD TO MARGARITA ROAD. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. declare as follows: The City Council of the City of Temecula does hereby find, determine and That the City Council intends to summarily vacate drainage easements in the City of Temecula more particularly described in Exhibits "A" and "B" which are attached hereto and incorporated herein by this reference; and Co) No public money was expended for maintenance on the drainage easement during such period; and (c) Vacating the drainage easement is consistent with the General Plan adopted by the City of Temecula on November 9th, 1993. Section 2. The easement described in Exhibits "A" and "B" which are attached hereto and incorporated herein by this reference is hereby vacated and from and after the date this Resolution is recorded, this drainage easement shall no longer constitute an easement or right-of- way of the City of Temecula and shall revert back to the property owner. Section 3. The City Clerk shall certify the adoption of this Resolution. -2- r:\agdrpt\96\0827\tr23371 .vac/ajp PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 9th day of September, 1997. Patricia H. Birdsall, Mayor ATTEST: Iune S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 97-__ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 9th day of September, 1997, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: ABSTAIN: 0 COUNCILMEMBERS: -3- r:\agdrpt\96\0827\tr23371 .vac/ajp EXHIBIT "A" VACATION OF DRAINAGE EASEMENT Those portions of the Rancho Temecula granted by governmere of the United States of America to Luis Vignes by patent dated January 18, 1860 and recorded in the office of the County Recorder of San Diego County, California, lying within the County of Riverside, State of California, Parcel 1 and Parcel 2 as described in document recorded on September 26, 1986, as Instrument Number 237271, records of said Riverside County, and Parcel 3 as described in document recorded on February 18, 1988, as Instrument Number 43269, records of said Riverside County,and Parcel 4 as described in document recorded on February 18, 1988, as Instrument Number 43271, records of said Riverside County, more particularly described as .follows: PARCEL 1 A strip of land 30.00 feet wide, the centerline of which is described as follows: COMMENCING at the Southerly terminus of a course in the centerline of Margarita Road shown as "North 12° 53' 15" East, 1038.72 feet" as shown on map of Tract 21082-1, as filed in Book 160, Pages 27 through 30 of Maps, in the Office of the County Recorder of said Riverside County; THENCE, along said centerline, North 12° 53' 15" East, 20.63 feet; THENCE, South 77° 06' 45" East, 55.00 feet to a point on the Easterly 55.00 foot half width sideline of said Margarita Road, said point being the TRUE POINT OF BEGINNING; THENCE, continuing, South 77° 06' 45" East, 245.00 feet; THENCE, North 12° 53' 15" East, 432.47 feet to the beginning of a tangent 150.00 foot radius curve, concave Southwesterly; THENCE, Northwesterly, along the arc of said curve, through a central angle of 69° 45' 45", a distance of 182.64 feet to the beginning of a reverse 155.00 foot radius curve, concave Northeasterly, a radial bears North 33 ° 07' 30" East; 'THENCE, continuing Northwesterly, along the arc of said curve, through a central angle of 78° 20' 30", a distance of211.93 feet; THENCE, North 21 ° 28' 00" East, 50.00 feet to the beginning of a tangent 300.00 foot radius curve, concave Southeasterly; THENCE, Northeasterly, along the arc of said curve, through a central angie of 9° 52' 25", a distance of 51.70 feet; THENCE, North 31 ° 20' 25" East, 331.60 feet to a point in the Southeasterly line of the Metropolitan Water District right-of way (80.00 feet wide) as described as Parcel "C", as recorded December 13, 1967, as Instrument No. 109720, of Official Records of said Riverside County. Said strip of land shall be lengthened or shortened so as to terminate, Northerly, in said Southeasterly line of said Parcel "C". PARCEL 2 A strip of land of varying widths, the centerline of which is described as follows: 'COMMENCING at the centerline intersection of Margarita Road and South General Kearny Road, as shown on Parcel Map 4758, as filed in Book 6, Page 39 of Parcel Maps, in the Office of the County Recorder of said Riverside County; THENCE, along said centerline of South General Kearny Road, South 59 o 45' 18" East, 339.16 feet; THENCE, South 30° 14' 42" West, 44.00 feet to a point in the Southerly 44.00 foot half width sideline of said South General Kearny Road, said point being the TRUE POINT OF BEGINNING, said point also being hereinafter referred to as Point "A"; THENCE, continuing, South 30° 14' 42" West, 912.00 feet to the beginning of a tangent 400.00 foot radius curve, concave Easterly; THENCE, Southerly, along the arc of said curve, through a central angle of 36° 59' 0Y', a distance of 258.20 feet to a point hereinafter referred to as Point "B"; THENCE, continuing Southerly, along the arc of said curve, through a central angle of 22 ° 12' 08% a distance of 155.00 feet to a point in the Northwesterly line of the Metropolitan Water District right-of-way (80.00 feet wide) as described in Parcel "C" of a document recorded December 13, 1967, as Instrument No. 109720, of Official Records in said Office of said County Recorder, said point hereinafter referred to as Point "C". · Said strip of land shall be 20.00 feet wide between said Points "A" and "B", and 40.00 feet wide between Points "B" and "C". Said strip of land shall be lengthened or shortened so as to terminate, Southerly in said Northwesterly line of said Parcel "C". PARCEL 3 A strip of land 20.00 feet wide, over that portion of Parcel 2, as shown on Parcel Map 21884, as filed in Book 144, Pages 24 through 33 inclusive, of Parcel Maps, in the Office of the Recorder of Riverside County, in the City of Temecula, County of Riverside, State of California, more particularly described as follows: COMMENCING at the centerline intersection of Yukon Road and Margarita Road, as shown on Tract 21082, as filed in Book 164, Pages 21 through 24 inclusive of Maps, records of said County; THENCE, along said centerline of Margarita Road, North 12 ° 53' 15" East, 399.49 feet; · THENCE, South 77° 06' 45" East, 55.00 feet to a point on the Easterly 55.00 foot half width sideline of said Margarita Road, said point being the TRUE POINT OF BEGINNING; THENCE, South 19° 42' 50" East, 67.62 feet to a point in the Westerly line of above described PARCEL 1. No. DIRECTION DISTANCE LI N 2I'28'00' E 50.00 L2 N 19°42'50' W 67.62 L3 N 77°06'45' W 55.00 NO. DELTA RADIUS LENGTH CI 69'45'45" 150.00 182.64 C2 78'20'30' 155.00 211.93 C3 9'52'25' 300.00 51.70 TPOB PCL SEE SHEET NO, 2 SHEET I OF 2 ~1~ ~e NOTE~ INSTRUMENT NO~ 23727l CALLS A 30.00' STRIP WHILE PLAT AND ?M 152/22-3] CALLS A bO,00' WIDE STRIP TRACT 21082-1 MB 160/27-30 PARCEL INST, N0,43269 PORTION OF PAR ] AMENDED PM NO~ 21884 PM 152/22-3l ~ , PARCEL I RD. INST. NO. 237271 /- POC PCL 3 ~ . ! TPOB ~ i' PeL'-r-f% / .V/. ~o.~'-,",, t ,~/~ POC ~ '~/ - ',',',,~I~ N77°06', ,5'el /// ~~ RANCHO CALIFORNIA RD. LOT l 23371-15 260/1-9 ~OLF COURSE SCALE: 1"=200' VACATION OF DRAINAGE EASEMENT / usc / pc o J da t ~/ r _ gr p / d_lZ ? 51/ 7 51pl t BC.dgn RICK ENGINEERING COMPANY CIVIL ENGINEERS SURVEYORS PLANNERS 3050 CHICAGO AVE., SUITE I00, RIVERSIDE, CA 92507 SCALE: 1'=200' J DATE: AUGUST 22, 1997 DATE: 26-AUG-1997 JN 12751 / PO,N //TPOB PCL 2 / //DETAIL 'A'~J, / THIS SHEET / PCL 4 BETAlL '4,' N.T.S. SCALE: 1":200' / / / / / / / / PARCEL 2 INST. NO. 2,37271 \A=36' '/ L=258.20' =22'12'08' L=155.00' K SEE SHEET PORTi ON OF' PAR 2 AMENDED PIVI NO, 21884 PM 152/22-31 POINT 'B' A -59' IFil' ~R=400.00' L=413.20' POINT 'C' \ )UTH GENERAL KEARNEY RD. I I t. SHEET 2 OF 2 '1 .~0'14'4~'~ 44.00/' ¥ I I M~ 280/i-9 Gd)L~ COJRSF: F VACATION OF DRAINAGE EASEMENT /usr/pro]do fo/r_grp/d_t2 l§l/t51pltBS.dgn RICK ENQINEERINQ COMPANY CIVIL ENGINEERS SURVEYORS PLANNERS .3050 CHICAGO AVE., SUITE I00, RIVERSIDE, CA 92507 SCALE,' 1'=200' J DATE: AUGUST 22, 1997 DATE: 26-AUG-1997 JN 12751 ITEM 7 APPROVAL CITY ATTORNEY DIRECTOR OF FINA~)~/'),4~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council Ronald E. Bradley, City Manager September 9, 1997 Funding for TVUSD Additional Busing Services PREPARED BY: Allie Kuhns, Senior Management Analyst~_,/ RECOMMENDATION: That the City Council appropriate ~10,500 from the General Fund Reserve to provide temporary busing services for Chaparral High School students during the construction along Margarita Road between Solana Way and Winchester Road. BACKGROUND: Chaparral High School opened for the academic year 1997-98 in July with over 850 students in grades 9 and 10. Out of the total student population, approximately 350 students live within walking distance of the school, with Margarita Road as the direct route to school. On August loth, grading on the mall site commenced on the west side of Margarita Road between Solana Way and Winchester Road. This operation involves moving dirt from the east side to the west side of Margarita, with heavy earth moving equipment crossing the road and causing temporary road closures. Construction along this stretch of roadway is expected to continue for the next 9 to 12 months. In order to minimize the safety risk to children who would normally walk along the Margarita Road construction site, the Temecula Valley Unified School District has elected to bus those children to Chaparral High School. The estimated cost to provide this service is $21,000 for a 90 day period, assuming all 350 utilize the busing services offered. To mitigate the cost to the District, Staff is proposing that the City fund half of the cost, or $10,500. The District will only bill the City for half of the costs actually incurred. At the end of 90 days, the need for these busing services will be reevaluated, and Staff will bring this item back to the City Council, if necessary. FISCAL IMPACT: Funds in the amount of $10,500 are available in the General Fund Reserve for appropriation to account 001-100-999-5250, Other Outside Services, to provide funding to the District for the busing services. ITEM 8 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY ~ FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Community Development Director September 9, 1997 Allocation of Funds for the Purchase of the City's GIS Prepared by: John De Gange, Project Planner RECOMMENDATION: It is recommended that the City Council authorize the purchase of hardware and software for the City's Geographic Information System (GIS) from the Environmental Systems Research Institute (ESRI) at a cost of $33,540, and that the City Manager execute the agreement in its final form. BACKGROUND: Over the past several years the City has studied the benefits and costs associated with the implementation of a GIS. For Fiscal Year 1997/1998 $149,960 has been budgeted for acquisition, implementation and operation of a GIS system. In the past few months Staff has conducted a needs assessment which determined the specifications of a system which best meets the requirements of the City and the cost for the purchase of this system. DISCUSSION: The requested purchase is for the acquisition of a hardware/software package offered by the software provider ESRI (The Environmental Systems Research Institute). This package includes ARC/INFO Version 7.1 GIS software from ESRI, a fully equipped GIS workstation with certain upgrades provided by Digital Computer Systems, a Hewlett Packard 2500CP color plotter, and charges for installation. The software is only available through ESRI and as a result of this package offer the City is able to obtain all the components of a GIS workstation at a substantially reduced rate. By purchasing the software and the equipment through this package deal the City is essentially being offered a price which would be unavailable if the software and the equipment were purchased separately. For example, the cost of the software separately, even with a local agency discount, is $15,000.00 compared to what is being offered in the package which is $13,900.00 for both software and hardware. Consequently, Staff did not solicit additional bids on the system, given that the software is only available through ESRI and the hardware is being offered at a reduced rate due to the package deal being offered through ESRI. Included as an attachment is a breakdown of all equipment and installation charges (Attachment "a"). Included within the breakdown of charges is $2,500.00 for the installation of the software, $2,000.00 for the installation of the workstation and hardware, and $500.00 for the installation of the plotter. These charges would be paid to the software provider (ESRI) to ensure successful installation of the system. Staff, however, is currently exploring the R:\STAFFRPT\GISEQMNT.CCl 9/3/97 jid I possibility of utilizing Riverside County Staff to install the software and to concurrently set up the City's data library at a significantly lower rate, In addition, the extent to which City staff can install certain components of the system in order to further reduce costs to the City is also being looked into. FISCAL IMPACT: Currently $50,100.00 has been appropriated for the purchase of computer hardware in the 1997/98 Annual budget for GIS. This requested purchase in the amount of $33.540.00 does not exceed the amount budgeted for computer hardware purchases within the GIS budget and no additional funds are being requested. R:\STAFFRPT~GISEQMNT.CCl 9/3/97 jid ~- ATTACHMENT 'A" R:\STAFFRPT~GISEQMNT.CC 1 9/3/97 jid ~ Breakdown of ;~iuipment and Installation Charges Digital Personal Workstation (Intel Pentium Pro, 266 MHZ) ARC/INFO 7.1 3,900 21" Monitor (Upgrade form 17") 64 MB of RAM (Upgrade from 64 to 128) Hewlett Packard 2500CP Design Jet Color Plotter $ 1,100 $ 1,000 $10,200 ARC/INFO Installation Workstation Installation Plotter Installation 2,500 2,000 500 Tax $ 2,340 TOTAL $33,540 Note: The cost of the software ARC/INFO 7.1 if purchased separately, with local agency discount would be $15,000.00 R:\STAFFRPT~GISEQMNT.CC1 9/3/97 jid 4 ITEM 9 APPROVAL CITY ATTORNEY FINANCE OFFICER .~ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council City Clerk/Director of Support Services June Greek September 9, 1997 Sierra Permits System Upgrade RECOMMENDATION: Authorize expenditure of funds in the amount of $22,172 to be used for upgrading the existing Sierra Software and all existing documents in the Sierra System to the Windows environment. Appropriate $17,500 to the Information Systems Internal Services Consulting account. Authorize the City Manager to execute an Installation Agreement with Sierra in a final form approved by the City Manager and City Attorney. DISCUSSION: The City of Temecula selected the Sierra Software program in 1992 to handle the input of permit information within the Building and Safety and Planning Departments. Since that decision, we have been able to utilize this software for a number of inter-departmental needs including the Business Permit input and tracking. The City upgraded all of its hardware and software to Windows, last year just prior to the move to our permanent City Hall. At that time we were unable to convert the documents in the Sierra System to Windows because the company was not ready to release the Windows version of their software. A total of $22,172 is required to implement this conversion. The following steps need to be undertaken: R:\AgendaRpt\Licensing 1 Agenda Report - Sierra Conversion September 9, 1997 Page 2 New activity types need to be created by the individual departments using this software. Work flow recommendations and hands-on training of the Community Development Staff will be implemented during the months of August and September. The estimated cost of this portion of the conversion is $9,872. The City's Technical staff (Kelli Beal and Heida Osvold - Community Development; Annie Bostre-Le - Engineering; Tom Haleli and Dennis Bridgham - Information Systems; will receive training from Sierra on-site. The estimated cost of this on-site training for three full days is $1,100.00 per day, plus expenses (travel, meals, accommodations, etc.), for a total of $4,000. The conversion of our existing data and testing to insure that the data is properly converted will be completed between December/January, 1998 at an estimated cost $8,300. We anticipate complete implementation of this programming and data conversion during the February/March, 1998 time frame. FISCAL IMPACT: An additional appropriation of $17,500 will be required in the Information Systems Internal Service Fund for the conversion of the Sierra System to Windows. R:\AgendaRpt\Licensing 2 TEMECULA COMMUNITY SERVICES DISTRICT REDEVELOPMENT AGENCY ITEM I APPROVAL CITY ATTORNEY DIRECTOR OF FINA/~..E CITY MANAGER ~ TO: FROM: DATE: SUBJECT: TEMECULA CITY COUNCIL AND REDEVELOPMENT AGENCY AGENDA REPORT City Council and Redevelopment Agency Board Members Mary Jane McLarney, Redevelopment Director's.:/~x September 9, 1997 Planning Application No. PA97-0221 An Amendment to the Old Town Specific Plan Establishing the In-Lieu Parking Fee Program and Revising the Parking Requirements, and Planning Application No. PA 97-0267 Establishing the Parking Incentives for the 6th Street Parking Lot, Planning Application No. PA 97-0292 Establishing the Parking In-Lieu Fee for Old Town Prepared By: Saied Naaseh, Associate Planner RECOMMENDATION: That the City Council: 1. Read by title only end introduce an ordinance entitled: ORDINANCE NO. 97- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING (PLANNING APPLICATION NO. PA97-0221), AN AMENDMENT TO THE OLD TOWN SPECIFIC PLAN ESTABLISHING THE IN-LIEU PARKING FEE PROGRAM AND REVISING THE PARKING REQUIREMENTS 2. Adopt e resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING (PLANNING APPLICATION NO. PA97-0292), SETTING THE IN-LIEU PARKING FEE WITHIN THE OLD TOWN SPECIFIC PLAN AREA AND AUTHORIZE STAFF TO CONDUCT BI-ANNUAL REVIEW OF THE IN-LIEU FEE R:\OLDTOWN~P~.CC 912197 sn I 3. Adopt e resolution entitled: RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING PLANNING APPLICATION NO. PA97-0267, ESTABLISHING THE PARKING INCENTIVES FOR THE 6TH STREET PARKING LOT That the Agency Members: 4. Adopt e resolution entitled: RESOLUTION NO. RDA 97- A RESOLUTION OF THE REDEVELOPMENT AGENCY BOARD OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING PLANNING APPLICATION NO. PA97-0267, ESTABLISHING THE PARKING INCENTIVES FOR THE 6TH STREET PARKING LOT BACKGROUND On August 18, 1997, the Planning Commission recommended approval for the Amendment to the Old Town Specific Plan establishing the In-Lieu Parking Fee Program and revising the parking requirements with a 5-0 vote. In addition, the Planning Commission recommended approval of the establishment of the Parking Incentives for the 6th Street Parking Lot with a 4-1 vote. Commissioner Miller voted against the incentives stating that the incentives were too generous. The Planning Commission did not make a recommendation on the Parking In-Lieu Fee. By adopting Old Town Specific Plan, the City Council committed to provide public parking lots to attract tourists and residents to Old Town. The studies in the Specific Plan identified a short fall of 360 parking spaces at the build out of the Tourist Retail Core. The purchase, design, and construction of the Sixth Street Parking Lot/Restrooms was the first step towards providing the needed parking spaces in Old Town with 80 parking spaces. The 1997-98 Capital Improvement Program includes approximately $900,000 for acquisition of land for future parking spaces in Old Town. The Specific Plan encourages the adoption of in-lieu fees to help the City pay for the construction of these parking lots. DISCUSSION This item contains three separate elements which are designed to induce development while preserving the historic character of Old Town. The first element contains two parts which are proposed as amendments to the Old Town Specific Plan. They include the establishment of the In-Lieu Parking Fee Program and a new standard for calculating parking requirements in Old Town. The second element is setting the Parking In-Lieu Fee. Finally, the third element is the establishment of the 6th Street Parking Lot Incentive Program. R:\OLDTOWi~PARKEi'L.CC 9/2/9"/m 2 Parking In-Lieu Fee Program This program gives developers in the Tourist Retail Commercial (TRC) zone in Old Town a choice between providing the required number of on-site parking spaces or paying the Parking In-Lieu Fee. Payment of the Parking In-Lieu Fee is voluntary and does not constitute an ownership interest of parking spaces developed by the City. Rather, the payment of an in-lieu fee grants the developer the right to develop property with fewer on-site parking spaces than would otherwise be required. The Parking In-Lieu Fee is paid prior to the issuance of the Building Permits. The Director of Redevelopment determines whether a project may pay the in-lieu fee for all the required parking spaces or some on-site parking should be provided. Parking Requirements in Old Town Currently, the Old Town Specific Plan references the Development Code for the calculation of the required number of parking spaces. Since the physical development in Old Town is very unique and unlike conventional commercial development, staff is proposing a new standard for parking requirements in Old Town. The proposed language establishes a single standard of one space per 300 square feet of gross floor area and replaces the different standards for different uses currently included in the Highway Tourist Commercial (HTC), Civic (OTC), Community Commercial (CC), Tourist Retail Core (TRC), and Community Commercial and Tourist Support (CCTS) unless the Development Code requires a fewer number of parking spaces for the same use (Refer to Attachment No. 7 for the Development Code Parking Requirements). The proposed standard will result in a fewer number of required parking spaces from uses such as restaurants, hotels, theaters, and cinemas. This reduction in the number of required parking spaces is essential to induce development in Old Town and to preserve the pedestrian and historic character of Old Town. Furthermore, this single standard will eliminate the necessity of recalculating the number of required parking spaces and calculating the Parking In-Lieu Fee every time a new businesses moves into a building or suite. Parking In-Lieu Fee Attachment 5 shows the details for calculating the Parking In-Lieu Fee. This fee is recommended to be set at $10,409.00. The land cost is based on $15 per square foot which is based on recent cornparables including the 6th Street Lot property. It should be noted that this estimate of land assembly costs includes cost of appraisals, relocation, if any, and escrow/closing fees and does not necessarily indicate a raw land value. The figures for the construction and design are based on the design and construction cost for the 6th Street Parking Lot and include a 20% contingency. The construction cost does not include the cost for providing the restrooms, the street lights, the street furniture such as benches, bus shelters, phone booths, trash receptacles and enclosures, the boardwalks, street signs, and street curbs. Since the cost of raw land and construction costs vary over time, staff is recommending a bi- annual review of the fee to ensure its equitability. After staff reviews the fee and finds that an adjustment is necessary, staff would bring forward the fee adjustment for City Council's consideration. R:\OLDTOWI~PARKINL.CC 9/2/97 sa 3 6th Street Parking Lot Incentive Program This incentive program allows the property owners in the Tourist Retail Commercial (TRC) zone to develop their property without having to provide on-site parking spaces or pay the Parking In-Lieu Fee. This incentive extends to both new construction and expansion of existing buildings. Initially, staff is proposing this incentive to be for 50 parking spaces. The City will establish a priority list for these parking spaces and will offer them on a first come first served basis at the time of issuance of Building Permits. The Program requires an the applicant to keep an active Building Permit in order to be kept on the priority list. The City Council and Redevelopment Agency Board may, at their discretion, offer the balance of the 80 parking spaces in the 6th Street Parking Lot for the incentive program. These fees will be paid by the property owners who are proposing to develop their vacant properties or are expanding their existing buildings. Providing on-site parking is impractical within the small lots in Old Town. Therefore, providing off-street parking by the City benefits the owners of properties in Old Town who want to develop their property by allowing them to fully develop their property without providing on-site parking. It should be noted that the parking in-lieu fee does not purchase dedicated parking spaces for the property/business owners, instead it gives them the right to develop their property without providing on-site parking. In response to Commissioner Miller's comments, staff is proposing a modification to the Program. In order to reduce the land and building speculation in Old Town, the program should include clauses that require a developer to pay the City back if the property is sold or refinanced within five (5) years from the issuance of the Certificate of Occupancy. The amount of the payback depends on the length of time the building is owned. If the building is sold or refinanced within two (2) years 100% of the Parking In-Lieu Fee must be paid to the City. This payback is reduced to 50% if the building is sold or refinanced within five (5) years. The City would have to place a lien on all properties that participate in this Program in order to be notified of a sale or refinance. If the City Council and the Agency support this proposal, the Resolutions will be updated by staff to include this provision. FISCAL IMPACT: The adoption of the Parking In-Lieu Fee will generate $832,720 and the 6th Street Parking Lot incentives will total $520,450; therefore, the net revenues generated for the 6th Street Parking Lot will ultimately be $312,270. The funds generated will be used for site acquisition, construction, and maintenance of future parking lots in Old Town. Additional revenues will be generated from the collection of fees when future parking lots are developed in Old Town. Attachments: 2. 3. 4. 5. 6. 7. Ordinance No. 97- Page 5 Resolution No. 97-__- Page 10 Resolution No. 97- - Page 13 Resolution No. RDA 97- - Page 17 Parking Lot Site Acquisition and Construction Cost - Page 21 Planning Commission Staff Report, August 18, 1997 - Page 23 Development Code Parking Standards - Page 24 R:\OLDTOWI~PARKINL.CC 9/2/97 m 4 ATTACHMENT NO. 1 ORDINANCE 97- R:\OLDTOWN~PARKINL.CC 9/2/97 m 5 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMF_~ULA AMENDING SECTION HI. F. 2., PARKING, OF THE OLD TOWN SPECIFIC PLAN TO ESTABLISH THE PARKING IN-LIEU FEE PROGRAM AND REVISE THE PARKING REQUIREMENTS (PLANNING APPLICATION NO. PA97-0221) THE OF THE CITY COUNCIL OF TEMECULA, STATE OF CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section III. F. 2., Parking, of the Old Town Specific Plan is hereby amended to read as follows: 2. Parking All parking requirements in the Specific Plan area shall be as delineated in Chapter 17.24 of the Development Code with the following exceptions: The parking requirements for all uses in the Highway Tourist Commercial (HTC), Civic (OTC), Community Commercial (CC), Tourist Retail Core (TRC), and Community Commercial and Tourist Support (CCTS) shall be 1 space per 300 gross floor area unless the Development Code requires a fewer number of parking spaces for the same use. In lieu of the required number of on-site parking spaces, the developer/owner/operator may choose to pay the Parking In-Lieu Fee for a portion or all the required on-site parking spaces pursuant to all the requirements of the Parking In-Lieu Fee Program established by this Chapter. Any commercial use or property in the Old Town Specific Plan Tourist Retail Core (TRC) Zone which complies with all of the requirements of the Parking In-Lieu Fee Program as established in this Chapter may participate in the program and be permitted to satisfy all or part of their parking space requirements. The Parking In-Lieu Fee shall be established by Resolution of the City Council. 1) Existing Uses - Parking Deficiencies Any use which pre-exists the effective date of this ordinance and which is presently operating under the authority of a discretionary land use entitlement from the City shall have no further obligations to provide additional parking spaces pursuant to the parking requirements of the Old Town Specific Plan. R:~OLDTOWI~PARKINL.CC 9/2/97 an 6 2) Review of Parking In-Lieu Fee Program Applications (a) Persons or businesses desiring to participate in the Parking In-Lieu Fee Program established herein shall submit a written application for participation to the Director of the Redevelopment Department on a form prescribed by the City. The Director shall, within thirty (30) days of the completion of the application, calculate the applicable in-lieu fee and grant permission to participate in the program, if the Director makes the following findings: Participation in the Parking In-Lieu Program will not create any significant adverse traffic safety impacts, pedestrian- vehicle conflicts, or parking impacts. (2) Participation in the Parking In-Lieu Program will not be detrimental to the public health, safety, and welfare. Co) The Director's decision shall be in writing, and shall be served upon the applicant by certified mail, return receipt requested. The Director may, in his or her discretion, restrict the applicant's participation in the program, if the Director determines that such restriction is necessary to make the foregoing findings. 3. Appeals The decision of the Director may be appealed to the Planning Commission by any aggrieved person, in the time and manner provided in Section 17.03.090 of the Development Code. 4. Payments and Deposits (a) Payments of Parking In-Lieu Program Fees shall be made pursuant to the schedule adopted by resolution of the City Council. In no event shall a Building Permit be issued for any participating use in the Old Town Specific Plan TRC Zone prior to the receipt by the City of the full payment of the Parking In-Lieu Fee. Co) Funds collected from the Parking In-Lieu Fee Program shall be deposited in a segregated City Parldng In-Lieu Program fund, which is hereby established. Such fund shall be used exclusively for the purpose of land acquisition, design, construction, promotion, management, operation, maintenance, and availability of parking spaces in the immediate vicinity of Front Street. R:\OLDTOWN~PARKINL.CC 9/2197 sn 7 5. Waiver of Fees By Resolution, the City Council and Redevelopment Agency may waive the Parking In-Lieu Fee at their discretion. 6. Transferability Parking In-Lieu Fee payments paid for pursuant to the provisions of this ordinance shall be credited only to building or property for which participation was granted, and shall not be assigned or otherwise transferred for use on any other property. 7. Acceptance of Conditions An applicant's participation in the program shall not become effective, and a Building Permit shall not be issued, unless and until the participant first executes and submits for recording on the title to the property a covenant accepting the terms of the approval, in a form to be provided by the City Attorney. The covenant shall be recorded in the office of the Riverside County Recorder and shall also be maintained in the office of the City Clerk. Section 2. findings: In adopting this Ordinance, the City Council hereby makes the following A. The proposed Specific Plan Amendment is consistent with the General Plan and the Old Town Specific Plan because it promotes the revitalization of Old Town. B. The proposed Specific Plan Amendment promotes the public interest, health, safety, convenience or welfare of the City because the City will be providing public parking spaces that may be used by all visitors to Old Town. C. The proposed Specific Plan Amendment ensures the development of desirable character which will be compatible with existing and proposed development in, the surrounding neighborhood because it promotes the preservation of the historic character of Old Town. Section 3. g. nvironmental Determination This project does not have the potential to cause a significant impact on the environment. Any potential impacts associated with the Old Town Specific Plan were included in the previous Negative Declarations for the Old Town Specific Plan, as well as the Final Environmental Impact Report of the City General Plan for the City and its environs. R:\OLDTOWI~PARKINL. CC 9/2197 ma ~ Section 4. Severability The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or Section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 5. Effective Date This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the City Council members voting for and against the Ordinance, and post the same in the office of the City Clerk. Section 6. PASSED, APPROVE1), AND ADOPTED this __~ day of ,1997. ATTEST: Patricia H. Birdsall, Mayor June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE) SS CITY OF TEMECULA I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 97- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 1997, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the ~ day of , by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER June S. Greek, City Clerk R:\OLDTOWI'~P~.CC 9/2/97 an 9 ATTACHMENT NO. 2 RESOLUTION 97- R:\OLDTOWN~PARKINL.CC 912197 sa 10 RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, APPROVING (PLANNING APPLICATION NO. PA97-0292), SETTING THE IN-LIEU PARKING FEE WITHIN THE OLD TOWN SPECIFIC PLAN AREA AND AUTHORIZE STAFF TO CONDUCT BI-ANNUAL REVIEW OF THE IN-LIEU FEE THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS, RESOLVES, DECLARES, DETERMINES AND ORDERS AS FOLLOWS: Section 1. Purpose. The purpose of this resolution is to establish the amount of the Parking In-Lieu Fee and to establish certain standards for the administration of such fees. Section 2. Findings. The City Council after reviewing the analysis in the Staff Reports, and testimony and information received at a notices public hearing on this matter, makes the following findings: A. The proposed Parking In-Lieu Fee does not exceed the estimated cost of establishing a parking space in the Old Town Specific Plan Area. B. The proposed fee is consistent with the purposes of the Old Town Specific Plan and the General Plan as it serves to foster and promote revitalization of the Old Town Area. C. The proposed Parking In-Lieu Fee promotes the public interest, health, safety, convenience or welfare of the City because the City will be providing public parking spaces that may be used by all visitors to Old Town. D. The proposed Parking In-Lieu Fee ensures the development of desirable character which will be compatible with existing and proposed development in, the surrounding neighborhood because it promotes the preservation of the historic character of Old Town. Section 3. Fee. The Parking In-Lieu Fee shall be $10,409.00 per parking space. Section 4. Adjustments. The amount of the Parking In-Lieu Fee shall be reviewed bi- annually by the City Manager to determine its equitability, and; Section 5. Use of Funds. Monies collected for in-lieu parking certificates shall only be used for the purposes delineated in the Ordinance 97- , establishing the Parking In- Lieu Fee Program. R:\OLDTOWI~PARKINL.CC 9/2/97 m '] 'l Section 6. Severability. The City Council hereby declares that the provisions of this Resolution are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or Section of this Resolution to be invalid, such decision shall not affect the validity of the remaining parts of this Resolution. Section 7. Effective Date. effective date of Ordinance No. 97- This Resolution shall be in full force and effect on the PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of September, 1997. Patricia H. Birdsall, Mayor ATTEST: June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE) SS CITY OF TEMECULA I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Resolution No. 97- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on this 9th day of September, 1997, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER June S. Greek, City Clerk R:\OLDTOWI~PARKINL. CC 9/2/97 ATTACHMENT NO. 3 RESOLUTION NO. 97- R:\OLDTOWI~PARKII'qL.CC 9/2/97 sn 13 RESOLUTION NO. 97- RESOLIYYION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE 6TH PARKING LOT INCENTIVE PROGRAM (PLANNING APPLICATION NO. PA97-0221) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES tlF. REBY RESOLVE AS FOLLOWS: WHEREAS, the City Council adopted the Old Town Specific Plan that requires on-site parking spaces for developments and encourages adoption of a Parking In-Lieu Fee; and, WHEREAS, the City Council has concurremly adopted an Ordinance establishing the Parking In-Lieu Program; and, W!~REAS, the City Council has adopted a resolution creating the Parking in-Lieu Fee; and, WItEREAS, it is necessary to encourage development and redevelopment in Old Town by providing incentives; and, W/tb2REAS, the Planning Commission held a noticed public hearing on July 7, 1997 and July 21, 1997, and August 18, 1997 on the issue of recommending approval or denial of this project. WItEREAS, the City Council held a noticed public hearing on September 9, 1997 on the issue of recommending approval or denial of this project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES FIND AS FOLLOWS: Section 1. That in adopting this Resolution approving this Incentive Program, the City Council hereby makes the following findings: A. The incentive program is comistent with the General Plan and the Old Town Specific Plan because it promotes the revitalization of Old Town. B. The proposed incentive program would not be detrimental to the public interest, health, safety, convenience or welfare of the City because the City will be providing public parking spaces that may he used by all visitors to Old Town. C. The proposed incentive program induces the development and redevelopment in Old Town because it provides a catalyst for development and redevelopment. R:\OLDTOWI~PARKRqL. CC 912197 m ~ 4 Section 2. The Incentive Program includes the following standards: A. Fifty (50) spaces in the 6th Street Parking Lot shall be made available to the landowners/developers of expanding existing buildings or new construction within the Tourist Retail Commercial Zone (TRC) in Old Town to satisfy their parking requirements pursuant to the Old Town Specific Plan. These spaces shall not be designated to any particular business or property and shall be permitted to be used by the public. B. The City shall establish a priority list for the 50 parking spaces on a first come first served bases at the time a Building Permit is issued for each project. C. Projects which allow their Building Permit to expire shall be removed from the priority list. At the time these projects receive their Building Permits upon re-application, they shall be placed at the bottom of the priority list. D. Projects that are under construction but do not receive a Certificate of Occupancy within 360 days of the issuance of the original Building Permit shall be removed from the priority list and shall be placed on the bottom of the priority list unless the Director approves a one time 180 day extension. E. The City Council and the Redevelopment Agency may, at their discretion by Resolution, include the remaining parking spaces within the 6th Street Parking Lot in the Incentive Program. F. The Incentive Program shall be administered by the Director of Redevelopment Department. Section 3. This project does not have the potential to cause a significant impact on the environment. Any potential impacts associated with the Old Town Specific Plan were included in the previous Negative Declarations for the Old Town Specific Plan, as well as the Final Environmental Impact Report of the City General Plan for the City and its environs. Section 4. Severability The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or Section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 5. Effective Date This Ordinance shall be in full force and effect upon the effective date of Ordinance No. 97- R:\OLDTOWNYPARKINL.CC 912197 m 1 5 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of September, 1997. Patricia H. Birdsall, Mayor ATTEST: June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE) SS CITY OF TEMECULA I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Resolution No. 97- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on this 9th day of September, 1997, by the following vote: AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSENT: COUNCILMEMBER June S. Greek, City Clerk R:\OLDTOWI~PARKINL.CC 9~/97 an '~ 6 ATTACHMENT NO. 4 RESOLUTION NO. RDA 97- R:\OLDTOWI',,~PARKINL.CC 9/219-/m 1 7 RESOLUTION NO. RDA 97- RESOLUTION OF THE. REDEVELOPMENT AGENCY OF ~ CITY OF TEMECULA ADOPTING THE 6TH PARKING LOT INCENTIVE PROGRAM (PLANNING APPLICATION NO. PA97-0221) THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the City Council adopted the Old Town Specific Plan that requires on-site parking spaces for developments and encourages adoption of a Parking In-Lieu Fee; and, WHEREAS, the Redevelopment Agency has concurrently adopted an Ordinance establishing the Parking In-Lieu Program; and, WFIF. REAS, the Redevelopment Agency has adopted a resolution creating the Parking in- Lieu Fee; and, WHEREAS, it is necessary to encourage development and redevelopment in Old Town by providing incentives; and, WHEREAS, the Planning Commission held a noticed public hearing on July 7, 1997 and July 21, 1997, and August 18, 1997 on the issue of recommending approval or denial of this project. WItg:REAS, the Redevelopment Agency held a noticed public hearing on September 9, 1997 on the issue of recommending approval or denial of this project. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES FIND AS FOLLOWS: Section 1. That in adopting this Resolution approving this Incentive Program, the Redevelopment Agency hereby makes the following findings: A. The incentive program is consistent with the General Plan and the Old Town Specific Plan because it promotes the revitalization of Old Town. B. The proposed incentive program would not be detrimental to the public interest, health, safety, convenience or welfare of the City because the City will be providing public parking spaces that may be used by all visitors to Old Town. C. The proposed incentive program induces the development and redevelopment in Old Town because it provides a catalyst for development and redevelopment. R:\OLDTOWNAPARKINL.CC 9/2/97 sa 1 8 Section 2. The Incentive Program includes the following standards: A. Fifty (50) spaces in the 6th Street Parking Lot shall be made available to the landowners/developers of expanding existing buildings or new construction within the Tourist Retail Commercial Zone (TRC) in Old Town to satisfy their parking requirements pursuant to the Old Town Specific Plan. These spaces shall not be designated to any particular business or property and shall be permitted to be used by the public. B. The City shall establish a priority list for the 50 parking spaces on a first come first served bases at the time a Building Permit is issued for each project. C. Projects which allow their Building Permit to expire shall be removed from the priority list. At the time these projects receive their Building Permits upon re-application, they shall be placed at the bottom of the priority list. D. Projects that are under construction but do not receive a Certificate of Occupancy within 360 days of the issuance of the original Building Permit shall be removed from the priority list and shall be placed on the bottom of the priority list unless the Director approves a one time 180 day extension. E. The City Council and the Redevelopment Agency may, at their discretion by Resolution, include the remaining parking spaces within the 6th Street Parking Lot in the Incentive Program. F. The Incentive Program shall be administered by the Director of Redevelopment Department. Section 3. This project does not have the potential to cause a significant impact on the environment. Any potential impacts associated with the Old Town Specific Plan were included in the previous Negative Declarations for the Old Town Specific Plan, as well as the Final Environmental Impact Report of the City General Plan for the City and its environs. Section 4. Severability The Redevelopment Agency hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or Section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining pans of this Ordinance. Section 5. Effective Date This Ordinance shall be in full force and effect upon the effective date of Ordinance No. 97- R:\OLDTOWbRPARKINL.CC 912197 m 1 9 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of September, 1997. Patricia H. Birdsall, Mayor ATTEST: June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE) SS CITY OF TEMECULA I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Resolution No. 97- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on this 9th day of September, 1997, by the following vote: AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSENT: COUNCILMEMBER June S. Greek, City Clerk R:\OLDTOWN~PARKINL.CC 912197 m 20 ATTACHMENT NO. 5 PARKING LOT SITE ACQUISITION AND CONSTRUCTION COST R:\OLDTOWi~PARK1NL.CC 912197 sa 21 COST ESTIMATES FOR A I ACRE SITE PROVIDING 100 PARKING SPACES OPTION I Design Grading Staking Planters, Landscaping, and Irrigation Lighting 25@ $3,500 Electrical Paving 3" AC ov.er 6" base Striping Driveway Approach $34,000 $10,000 $10,000 $180,000 $87,000 $10,000 $50,000 $1,500 $5,000 Design and Construction Total Land @$15 per Sq. Ft. TOTAL Cost Per Space (Total Divided by 100) $387,500 $653,400 $1,040,900 $10,409 R:\OLDTOWI~PARKINL.CC 9/2/97 m 22 ATTACHMENT NO. 6 PLANNING COMMISSION STAFF REPORT AUGUST 18, 1997 R:\OLDTOWI~PARKINL.CC 912197 sn 23 TO: Planning Commission MEMORANDUM ORIGINAL FROM: DATE: Saied Naaseh, Associate Planner,~j August 18, 1997 SUBJECT: Planning Application No. PA97-0221 An Amendment to the Old Town Specific Plan Establishing the In-Lieu Parking Fee Program and Revising the Parking Requirements, and Planning Application No. PA 97-0267 Establishing the Parking Incentives for the 6th Street Parking Lot RECOMMENDATION: The Redevelopment Agency Staff recommends that the Planning Commission: ADOPT Resolution No. 97- recommending approval by the City Council of Planning Application No. PA97-0221 (Old Town Specific Plan Amendment Establishing the Parking In-Lieu Fee Program and Revising the Parking Requirements) based upon the Analysis and Findings contained in the Staff Report. ADOPT Resolution No. 97- recommending approval by the City Council of Planning Application No. PA97-0267 (Establishing the Parking Incentives for the 6th Street Parking Lot) based upon the Analysis and Findings contained in the Staff Report. BACKGROUND Staff requested the Planning Commission continue this item off-calendar from the July 21, 1997 agenda. This request was based on staff's further consultation with the City Attorney. As a result, the proposed Parking In-Lieu Fee Program has been amended, the parking requirements in Old Town are being revised, and a new parking incentive program is also being offered. DISCUSSION This item contains two separate elements which are designed to induce development while preserving the historic character of Old Town, The first element contains two parts which are proposed as amendments to the Old Town Specific Plan. They include the establishment of the In-Lieu Parking Fee Program and a new standard for calculating parking requirements in 01d Town. The second element is the 6th Street Parking Lot Incentive Program, Parking In-Lieu Fee Program R:\OLDTOWNkA. MI)SPPRK.PC3 8/12197 sn This program gives developers in the Tourist Retail Commercial (TRC) zone in Old Town a choice between providing the required number of on-site parking spaces or paying the Parking In-Lieu Fee. Payment of the Parking In-Lieu Fee is voluntary and does not constitute an ownership interest of parking spaces developed by the City. Rather, the payment of an in-lieu fee grants the developer the right to develop property with fewer on-site parking spaces than would otherwise be required. The amount of the fee will be set by the City Council. This fee is paid prior to the issuance of the Building Permits. The Director of Redevelopment determines the whether a project can pay the in-lieu fee for all the required parking spaces or some on-site parking should be provided. Parking Requirements in Old Town Currently, the Old Town Specific Plan references the Development Code for the calculation of the required number of parking spaces. Since the physical development in Old Town is very unique and unlike conventional commercial development, staff is proposing a new standard for parking requirements in Old Town. The proposed language establishes a single standard of one space per 300 square feet of gross floor area and replaces the different standards for different uses currently included in the Highway Tourist Commercial (HTC), Civic (OTC), Community Commercial (CC), Tourist Retail Core (TRC), and Community Commercial and Tourist Support (CCTS) unless the Development Code requires a fewer number of parking spaces for the same use (Refer to Attachment No. 4 for the Development Code Parking Requirements). The proposed standard will result in a fewer number of required parking spaces from uses such as restaurants, hotels, theaters, and cinemas. This reduction in the number of required parking spaces is essential to induce development in Old Town and to preserve the pedestrian and historic character of Old Town. Furthermore, this single standard will eliminate the necessity of recaiculating the number of required parking spaces and calculating the Parking In-Lieu Fee every time a new businesses moves into a building or suite. 6th Street Parking Lot Incentive Program This incentive program allows the property owners in the Tourist Retail Commercial (TRC) zone to develop their property without having to provide on-site parking spaces or pay the Parking In-Lieu Fee. This incentive extends to both new construction and expansion of existing buildings. Initially, staff is proposing this incentive to be for 50 parking spaces. The City will establish a priority list for these parking spaces and will offer them on a first come first served bases at the time of issuance of Building Permits. The Program requires an the applicant to keep an active Building Permit in order to be kept on the priority list. The City Council may, at its discretion, offer the balance of the 80 parking spaces in the 6th Street Parking Lot for the incentive program. GENERAL PLAN CONSISTENCY The proposed amendment and incentive program are consistent with the General Plan since it implements the Old Town Specific Plan and its goals and policies. R:\OLDTOWNL~MDSPPRK,PC3 8/12/97 sn 2 ENVIRONMENTAL DETERMINATION This project does not have the potential to cause a significant impact on the environment. Any potential impacts associated with the Old Town Specific Plan were included in the previous Negative Declarations for the Old Town Specific Plan, as well as the Final Environmental Impact Report of the City General Plan for the City and its environs. FINDINGS Sl~ecific Plan Amendment The proposed Specific Plan Amendment is consistent with the General Plan and the Old Town Specific Plan because it promotes the revitalization of Old Town. The proposed Specific Plan Amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City because the City will be providing public parking spaces that may be used by all visitors to Old Town, The proposed Specific Plan Amendment ensures the development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood because it promotes the preservation of the historic character of Old Town. Parking Incentive Program The incentive program is consistent with the General Plan and the Old Town Specific Plan because it promotes the revitalization of Old Town. The proposed incentive program would not be detrimental to the public interest, health, safety, convenience or welfare of the City because the City will be providing public parking spaces that may be used by all visitors to Old Town. The proposed incentive program induces the development and redevelopment in Old Town because it provides a catalyst for development and redevelopment. Attachments: Resolution No. 97- - Blue Page 4 Exhibit A (Ordinance No. 97- ) - Blue Page 7 Resolution No. 97- - Blue Page 13 Planning Commission Staff Report, July 21, 1997 - Blue Page 17 Development Code Parking Requirements - Blue Page 18 R:\OLI)TOWI~I~.MDSPPRK.PC-'3 8112/9'7 sn 3 lVIElVlORANDUlVl TO: Planning Commission ORIGINAL FROM: DATE: Saled Naaseh, Associate Planner~ July 21, 1997 SUBJECT: Planning Application No. PA97-0221, Parking In Lieu Fee RECOMMI*.NDATION: The Planning Department Staff recommends that the Planning Commission: A!~PT Resolution No. 9% . recommending approval by the City Council of Planning Application No. PA97-0221 (Old Town Specific Plan Amendment) based upon the Analysis and Findings contained in the Staff Report. BACKGROUND The Planning Commission continued this item from the July 7, 1997 agenda to the July 21, 1997 meeting. DISCUSSION The following Findings have replaced the Findings in the previous Staff Report's Resolution: 1. The proposed Specific Plan is consistent with the General Plan and Development Code. The proposed Specific Plan would not be detrimental to the public interest, health, safety, convenience or welfare of the City. The subject property is physically suitable for the requested land use designations and the anticipated land use developments. e The proposed Specific Plan shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood. Attachments: Resolution No. 97- - Blue Page 2 Planning Commission Staff Report, July 7, 1997 - Blue Page 5 R:~.OLDTOWNkAMDSPPRK.PCl 7116197 ~s I STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION July 7, 1997 Planning Application No. PA97-0221, Old Town Specific Plan Amendment, Perking In Lieu Fee Prepared By: Saied Naaseh, Associate Planner RECOMMENDATION: The Planning Department Staff recommends that the Planning Commission: ADOPT Resolution No. 97- .... recommending approval by the City Council of Planning Application No. PA97-0221 (Old Town Specific Plan Amendment) based upon the Analysis and Findings contained in the Staff Report. APPLICATION INFORMATION APPLICANT: City of Temecula PROPOSAL: A request for approval of an amendment to the Old Town Specific Plan to allow for the payment of the parking in-lieu fee in place of the required parking spaces. LOCATION: Old Town BACKGROUND By adopting Old Town Specific Plan, the City Council committed to provide public parking lots to attract tourists and residents to Old Town. The studies in the Specific Plan identified a short-fall of 360 parking spaces at the build-out of the Tourist Retail Core. The purchase, design, and construction of the Sixth Street Parking Lot/Restrooms with 78 parking spaces was the first step towards providing the needed parking spaces in Old Town. The 1997-98 Capital Improvement Program includes approximately $875,000 for acquisition, design, and construction of future parking spaces in Old Town. The Specific Plan. also encourages the adoption of an in-lieu parking fee to help the City pay for the construction of these parking lots. DISCUSSION The proposed amendment adds the language necessary to give developers in Old Town a choice between providing the required number of on-site parking spaces or paying the in-lieu parking fee. it should be noted that the payment of this fee is voluntary and does not constitute an ownership interest of parking spaces developed by the City. Rather, the payment of an in-lieu fee grants the developer the right to develop property with fewer on-site parking spaces than would otherwise be revised. The amount of the fee will be set by the City Council. R:\OLDTOWN~c~DSPPRK. PC 7/16/97 This amendment deletes the following language in Section III. F. 2., Parking, of the Old Town Specific Plan: All parking requirements in the Specific Plan area shall be delineated in Chapter 9.24, Parking and Loading, of the Development Code unless specifically regulated differently in this Specific Plan. See section on Public Parking Program. This amendment proposes the following language for this Section: All parking requirements in the Specific Plan area shall be delineated in Chapter 17.24, Parking and Loading, of the Development Code. However, instead of the required number of on-site parking spaces, the developer/owner/operator may choose to pay the parking in-lieu fee for a portion or all the required on- site parking spaces. GENERAL PLAN CONSISTENCY The proposed amendment is consistent with the General Plan since it implements the Old Town Specific Plan and its goals and policies. ENVIRONMENTAL DETERMINATION This amendment to the Old Town Specific Plan does not have the potential to cause a significant impact on the environment. Any potential impacts associated with the Old Town Specific Plan were included in the previous Negative Declarations for the Old Town Specific Plan, as well as the Final Environmental Impact Report of the City General Plan for the City and its environs. Further, this project is exempt from California Environmental Quality Act, pursuant to Section 15061(b)(3) of the CEQA Guidelines. This section of the CEQA Guidelines indicates that CEOA applies only to projects which have the potential for causing a significant effect on the environment. It also states that, where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This amendment complies with the requirements for this section as there is no possibility that the adoption of this amendment may have a significant effect on the environment. Attachments: 1. Resolution No. 97- - Blue Page 3 Exhibit A (Ordinance No. 97- ) - Blue Page 6 R:\OLDTOWt',~tMDSPPRK. PC 7/t6/97 cad 2 ATTACHMENT NO. 7 DEVELOPMENT CODE PARKING REQUIREMENTS R:\OLDTOWN'~PARKINL.CC 9/2/97 sn 24 CITY OF TEMECULA t)evelovment Code Description of Use Re~idm.inJ Uses SIII.~.~, tsnn.y resldeqce D:Jplex. TrlP:e'(e~, M.It:n!e Fen. Iv ResmenlmJ - 3 .,r :e~er Muh:ple Fam:.y K~:G~t:nl ~ .r more bedroon~s Senior Cities Housing Co~le~Congmgate Cam Table 17.24(a) Parking Spaces Required Required Number of Spaces '~. e~cl4)s~ spaces ~ ¢,)vered spaces:.n.t. piLls [ gueal qKnace,~ t:,"'lits =n ~overe~ .npsc. es:tmtt. pitts I _k~est stance:4 Ilnl:q additionzl hedroom, plus/~ guest space/unit 1 covered space/trailer site, plus I guest space/2 trailer sites .5 coveted soace/unit plus I uncovered space per 5 units for guest parking Church, chapel. religious facility, cemetery, mortuary I space/3 ~..'.=d sea~, and I space i35 SF of assembly area where there are Cinemas Performance Theater Union Halls, Lodges. Clubs Service and Repair Car Wash no fixed seam I space/3 seat,,, plus $ spaces for employees 1 space/4 fixed seats I space per 33 SF of ~ross assembly floor area Car Washing Facility - Self Service area for drying Cornroe ':reial Uses::;~:R' "e~ail::'andi: "Setn4e'~:i::i: i!! ~': ": .........: .............' ...........: ........... ..........: ....... Furniture Stores, Bulk Goods, Floor Covering, Homo 1 trpace/500 SF of OFA Improvement General Retail with less than 25,000 SF-GFA 1 space/300 $F-GFA General Retail with 25.000 SF or greater Se~ Shopl~g tester Hotels and Motels Laundromat Plant Nurseries Outdoor SaLes, including lumber yards, car sales, salvage yards Restauran~ · Dine-in · Fast Food Shopping Center ('25,000 5F-GFA or greater) · Cinemas in shopping centers · Restaurant areas occupying greater than 15 percent of total shoooimz area GFA 4 spaces/service bay Equivalent of 5 spaces/20 feat of internal washing capacity Spaces may be provided in open paved area for drying cars Equivalent of 2.$ space~/wa~h bay . Spaces may be provided in open paved I space/guest room plus I space/10 rooms for guest~ and 2 apaces for resident manacer. I space/3 washing machines 1 space/500 SF indoor (~FA, plus I space/l,000 SF gross outdoor retail area I space/l,000 SF gross outdoor sales area, plus I space/300 SF of' indoor sales area I space/100 SF-GFA, wit~ a minimum of l0 spaces in all cases I space/75 $F-GFA, with a minimum of' 10 spaces in all cases. 1 spaces/300 SF-GFA with the following additions: 1 space/5 seats ! space/100 GFA [ Abbreviations: May 7, 1996 GFA -- Gross Floor Area Cl~pter 17.24 · Off-street ParIcing & Loading CITY OF TEMECULA Develo rnent Code Table 17.24(a) Parking Spaces Required Description of Use [ Required Number of Spaces EdUcational:F~cilJties: :::: ~:' :::" ::'!i : : !:' : :: ~:i:' :: .' i:: :? 5.( :i ::il 'i i:.! :!::i ::::::::::::::::::::::: :f:ii: i:i::?:i!..: ~: i:'.:~iI: i i:!i!!!:il ::ii?~i :.:i.!?.!ii '¥!iii! :.: !i i-:i Day Care, Nursery School Elementary and Junior High School High School College or University Trade School, Business School, Adult Education .Libraries, Museums, Art Galleries Health Care Facilities' Convslescen£ Hospital, Rest Home, Sanitarium Hospitals (providing acute care, clinical, surgical, teaching, rese. n~h and office services) Medical Center (providing acute care, clinical, surgical, teaching, research and office services) Medical and Denud Offices Veterinary Office Industrial Uses Research end Development ('R&D) General Manufacturing and Processing uses ( not including buildings used exclusively for warehouse purposes Use Warehouses used exclusively for storage Mini-Storage Warehouse I space/2 employees, plus I space/5 children, based on facility capacity 1.5 ~acea/classroom, plus I space/5 fixed seats in auditorium, gymnasium or similar public assembly facility (35 SF=5 fixed seats) 8 spaces/classroom · 1 spacedemployee, plus 4 spaces/10 students based on maximum classroom capacity :2 spaces/3 p~ple based on maximum number of studants and staff, or 1 space/35 SF of in,traction GFA I spaces/300 SF-GFA I spacer2 beds, plus if employee residence facilities are provided ohsitc, additional parking in accordance with applicable residential requirements 1 space/3 patient beds I space/3 patient beds I space/300 SF..GFA I space/300 sf-OFA I space/350 SF-43FA I spaced400 SF of/manufacturing or industrial, plus 1 space/300SF of office use, plus I space/l,000 SF of warehouse area I space/l,000 $F ofwsrehoose ar~, plus I space/300 SF of office use I space/25 units or cubicles, plus 2 spaces for each caretakers unit. Business and Professional ] I space/300 SF-GFA l~nancial Services (banks, savings and loans, credit unions) I space/300 SF-GFA Recreation : ::'~i ~ '!:: '~: :-?~i:::: ! ::.i? : i:i:i!i:::ii~.::":' :: ::--" 'i:::::~i/ i Aerobics/Dance/Gyrrmsstics/Jazzercise/Martisl Arts 1 space per 200 S1c of GFA Arcades, Bingo Halls Batting Cages Billiards/Pool Halls Bowling Alley Dance Halls Driving Range Golf Course - Regulation and Pitch and Putt Miniature Golf Swimming Pool-Commercial Skating Rink - Ice or Roller Tennis Courts I space/250 SF-GFA 2 spaces per cage, with other uses calculated separately 2 spaces per table 3 spaces/lane, with restaurant uses calculated separately I space/7 gross SF dance floor area I space/tea, with other uses calculated separately spaces/hole, with other u~ calculated separately space/200 SF gross recreation floor area .$ spaces/hole, with other uses calculated separately space/1000 SF gross recreation area, with other uses calculated separately space/1000 SF of lot area, plus 1 space/.?. employees spaces/court, with other uses calculated separately I[ Abbreviations: May 7, 1996 GFA = Gross Floor Area Chapter 17.24 · Off-street Parking & Loading · 9 ITEM 10 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Gary Thornhill, Community Development Director September 9, 1997 Extension of Moratorium on Certain Adult Businesses and Extension of Interim Adult Business Regulations, Planning Application No. PA97-0293 RECOMMENDATION: That the Council take the following actions: Conduct a public hearing on extending the moratorium on certain adult businesses and extending interim adult business regulations and consider the comments of person addressing the Council on this issue. Following the public hearing, if the Council wishes to extend the moratorium on certain adult businesses and extend interim adult business regulations, then adopt an Urgency Ordinance (4/5 vote required) entitled: ORDINANCE NO. 97- "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING A MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF ADULT BUSINESSES UNLESS SUCH BUSINESSES COMPLY WITH INTERIM STANDARDS PROVIDING FOR THE REGULATION AND LICENSING OF ADULT BUSINESSES AND MAKING FINDINGS IN CONNECTION WITH THE NEED FOR SUCH REGULATIONS, PLANNING APPLICATION NO. PA97-0293" DISCUSSION: On October 22, 1996, the City Council adopted Ordinance No. 96-18 entitled "An Urgency Ordinance of the City Council of the City of Temecula Imposing a Moratorium on the Establishment or Expansion of Adult Businesses Unless Such Businesses Comply with Interim Standards Providing for the Regulation and Licensing of Adult Businesses and Making Findings in Connection with the Need for Such Regulations." Ordinance No. 96-18 was adopted under the authority of California Government Code Section 65858. Section 65858 provides that the initial ordinance only has a term of forty five (45) days from its adoption, but the moratorium and interim regulations adopted by Ordinance No. 96-18 may be extended for an additional term of 10 months and 15 days, following a public hearing. P:\NAASEHS\293PA97.CC 8/28/97 sn i On November 12, 1996 the City Council adopted Ordinance 96-20 entitled "An Urgency Ordinance of the City Council of the City of Temecula Imposing a Moratorium on the Establishment or Expansion of Adult Businesses Unless Such Businesses Comply with Interim Standards Providing for the Regulation and Licensing of Adult Businesses and Making Findings in Connection with the Need for Such Regulations." This urgency ordinance extended the moratorium and interim regulations adopted by Ordinance No. 96-18 until October 15, 1997, as required by Section 65858, or until a permanent Adult Business Ordinance is adopted and effective, which will be prior to that date. The urgency ordinance before you further extends the moratorium and interim regulations adopted by Ordinance No. 96-20 until October 15, 1998, as required by Section 65858, or until a permanent Adult Business Ordinance is adopted and effective, which will be prior to that date. The proposed regulations in this urgency ordinance are the same as those adopted by Ordinance 96-20. FISCAL IMPACT: None. Attachments: Ordinance No. 97- , Urgency Ordinance Which Implements the Extension of Moratorium on Certain Adult Businesses and Extension of Interim Adult Business Regulations - Page 3 P:\NAASEHS\293PA97.CC 9/2/97 sn 2 ATTACHMENT NO. 1 ORDINANCE NO. 97- P:\NAASEHS\293PA97.CC 8/28/97 sn 3 ORDINANCE NO 97- AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING A MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF ADULT BUSINESSES UNLESS SUCH BUSINESSES COMPLY WITH INTERIM STANDARDS PROVIDING FOR THE REGULATION AND LICENSING OF ADULT BUSINESSES AND MAKING FINDINGS IN CONNECTION WITH THE NEED FOR SUCH REGULATIONS, PLANNING APPLICATION NO. PA97-0293 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. It is the purpose and intent of this Ordinance to provide for the reasonable and uniform regulation of adult-oriented businesses in the City of Temecula. It is recognized that adult-oriented businesses have a serious deleterious effect upon adjacent areas, as well as the areas in which they are located. It is therefore the purpose of this Ordinance to establish criteria and standards for the establishment and conduct of adult-oriented businesses which will protect the public health, safety, and welfare, preserve locally recognized values of community appearance, minimize the potential for nuisances related to the operation of adult-oriented businesses, and maintain local property values. B. It is recognized that adult-oriented businesses, due to their nature, will effect significant changes in vehicular traffic, noise, pedestrian safety, air quality, parking, neighborhood character, and will create a demand on public safety and emergency services; and will have an adverse impact upon real estate values in the City of Temecula. C. It is the purpose and intent of this Ordinance to establish proper regulations and to provide for a reasonable number of appropriately located sites for adult-oriented businesses within the City of Temecula, based upon the following findings: 1. The City Council in adopting this Ordinance takes Legislative Notice of the existence and content of the following studies that substantiate the adverse, secondary effects of adult-oriented businesses: Austin, Texas: Indianapolis, Indiana: Los Angeles, California: Phoenix, Arizona: 1986 1984 1977 1979 P: \NAASEHS\293PA97. CC 8/28/97 sn 4 St. Paul, Minnesota: Garden Grove, California Upland, California 1989 1991 1992 2. Based on the foregoing studies and the other evidence presented, the City of Temecula finds that: (a) Adult-oriented businesses are linked to increases in the crime rates of those areas in which they are located and that surround them; and, (b) Both the proximity of adult-oriented businesses to sensitive land uses and the concentration of adult-oriented businesses tend to result in the blighting and downgrading of the areas in which they are located. 3. The studies conducted in various communities in other jurisdictions have demonstrated that the proximity and concentration of adult-oriented businesses adjacent to residential, recreational, religious, educational, or other adult-oriented businesses can cause other businesses and residents to move elsewhere. 4. The studies conducted in various communities in other jurisdictions have demonstrated that adult-oriented businesses are linked to increases in the crime rates and blighting of those areas in which they are located and that surround them. 5. The special regulation of adult-oriented businesses is necessary to ensure that their adverse secondary effects will not contribute to an increase in the crime rates or the blighting or downgrading of the areas in which they are located or surrounding areas. The need for the special regulation is based on the recognition that adult-oriented businesses have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in direct proximity with sensitive uses such as residential zones and uses, parks, schools, churches, or day care centers, thereby having a deleterious effect upon the adjacent areas. 6. It is the purpose and intent of these special regulations to prevent the concentration of adult-oriented businesses and thereby to prevent such adverse secondary effects. Thus, in order to protect and preserve the public health, safety, and welfare of the citizenry, especially minors, the special regulation of the time, place, and manner of the location and operation of adult-oriented businesses is necessary. 7. The protection and preservation of the public health, safety and welfare require that certain distances be maintained between adult-oriented businesses and residential uses and zones, churches, schools, day care centers, parks and other adult-oriented businesses. In preparation of this Ordinance, the City of Temecula has taken the location of residential, religious, educational, recreational and other adult-oriented businesses into P: \NAASEHS\293PA97. CC 8/28/97 sn 5 consideration and has endeavored to minimize the effect that adult-oriented businesses have upon those sensitive areas and upon the community in general. 8. The need to regulate the proximity of adult-oriented businesses to sensitive land uses such as residential, religious, educational, recreational and other adult-oriented businesses is documented in studies conducted by other jurisdictions as listed elsewhere in this Section. 9. The report of the State of Minnesota Attorney General's Working Group on the regulation of sexually oriented businesses dated June 6, 1986, indicates that: (a) Community impacts of sexually oriented businesses are primarily a function of two variables, proximity to residential areas and concentration. Property values are directly affected within a small radius, typically one block, of the location of a sexually oriented business. Concentration may compound depression of property values and may lead to an increase of crime sufficient to change the quality of life and perceived desirability of property in a neighborhood; and, Co) The impacts of sexually oriented businesses are exacerbated when they are located near one another. When sexually oriented businesses have multiple uses (i.e. theater, bookstore, nude dancing, peep booths), one building can have the impact of several separate businesses. 10. In consideration of the findings of the report of the State of Minnesota Attorney General's Working Group on the regulation of sexually oriented businesses dated June 6, 1986, it is appropriate to prohibit the concentration of multiple adult-oriented businesses in order to mitigate the compounded concentrations as described above. 11. In adopting the regulations set out in this Chapter, it is recognized that locating adult oriented businesses covered by this Chapter in the vicinity of facilities frequented by minors will cause the exposure of minors to adult material which, because of their immaturity, may adversely affect them. In addition, it is recognized that many persons are offended by the public display of certain sexual material. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood and to an adverse effect on minors. The City of Temecula has conducted studies identifying particular areas of the City frequented by minors, and has identified areas wherein adult-oriented businesses would have a major visual impact upon the residents of the City, and has utilized such studies as the basis for locating areas of the City appropriate for the Adult Business Overlay Zones established in this Ordinance. 12. Zoning, licensing and other police power regulations are legitimate reasonable means of accountability to ensure that the operators of adult-oriented businesses comply with reasonable regulations and are located in places which minimize the adverse secondary affects that which naturally accompany the operation. P:\NAASEHS\293PA97.CC 8/28/97 sn 6 13. The City of Temecula has a legitimate health concern about sexually transmitted diseases, including AIDS, which demands reasonable regulations of adult-oriented businesses in order to protect the health and well-being of its citizens. 14. The City Council of Temecula has considered the decisions of the United States Supreme Court regarding local regulation of adult-oriented businesses, including but not limited to: Young v. American Mini-Theaters, Inc., 427 U.S. 50 (1976) reh. denied 429 U.S. 873; Renton v. Playtime Theaters, 475 U.S. 41 (1986) reh. denied 475 U.S. 1132; FW/PBS, Inc. v. Dallas, 493 U.S. 215 (1990); and Barnes v. Glen Theater Inc., 111 S.Ct. 2456, 115 L.Ed 2d 504 (June 21, 1991). 15. The City Council of Temecula has determined that locational criteria alone do not adequately protect the health, safety and general welfare of the people of Temecula and thus certain requirements with respect to the ownership and operation of adult-oriented businesses are in the public interest. 16. The City Council of'Temecula consistent with sale and consumption of alcohol and outside advertising limitations further finds that additional regulations, including restricted hours of operation will further prevent the adverse secondary effects of adult-oriented businesses. 17. The City Council of Temecula desires to protect the rights conferred by the United States Constitution. As such, the Council does so in a manner that ensures the continued and orderly development of property within the City and diminishes, to the greatest extent feasible, those undesirable secondary effects which the aforementioned studies have shown as associated with the development and operation of adult-oriented businesses. 18. It is not the intent of the City Council of Temecula under this Ordinance nor any provision thereof, to condone nor legitimize the distribution of obscene material, and the Council recognizes that state law prohibits the distribution of obscene materials and expects and encourages law enforcement officials to enforce state obscenity statutes against such illegal activities in Temecula. 19. It is not the intent of this Ordinance to suppress any speech activities protected by the First Amendment, but to enact a content neutral ordinance which addresses the adverse secondary effects of adult-oriented businesses. D. On October 22, 1996, the City Council approved Ordinance No. 96-18 entitled "An Urgency Ordinance of the City Council of the City of Temecula Imposing a Moratorium on the Establishment or Expansion of Adult Businesses Unless Such Businesses Comply with Interim Standards Providing for the Regulation and Licensing of Adult Businesses and Making Findings in Connection with the Need for Such Regulations." Ordinance No. 96-18 was adopted pursuant to California Government Code Section 65858 and pursuant to Section 65858 has a term of forty five (45) days from its adoption. P:\NAASEHS\293PA97.CC 8/28/97 sn 7 E. Pursuant to Section 65858, the moratorium and interim regulations adopted by Ordinance No. 96-18 could be extended for an additional term of 10 months and 15 days. On November 12, 1996, the City Council of the City of Temecula adopted Ordinance No. 96-20 entitled "An Urgency Ordinance of the City Council of the City of Temecula Extending a Moratorium on the Establishment or Expansion of Adult Businesses Unless Such Businesses Comply with Interim Standards Providing for the Regulation and Licensing of Adult Businesses and Making Findings in Connection with the Need for Such Regulations" which had the effect of extending the moratorium for an additional period. F. Pursuant to Section 65858, the moratorium and interim regulations adopted by Ordinance No. 96-20 could be extended for an additional term of one year from its expiration. This ordinance implements these provisions and is intended to extend the moratorium originally adopted by Ordinance No. 96-18 and extended by Ordinance No. 96-20 and extend the interim adult business regulations set forth herein for the period commencing on October 16, 1997 and ending on October 15, 1998. 1. On October 22, 1996 the City Council formally directed the Planning Department Staff and the Planning Commission to "continue to conduct further studies and heatings on appropriate regulations for Adult Businesses and appropriate locations within the City for Adult Businesses." Since that time the Planning Department has been reviewing the interim regulations and studying revisions of them for the permanent regulations. Specifically the Staff has been reviewing the suggestions and comments made by a business owner at the Council meeting of October 22, 1996 conceming the standards for defining "Regular and substantial course of conduct" and "regular and substantial portion of its business" as used in the interim regulations. The Planning Staff is also reviewing the sites available for adult businesses under the existing zoning ordinance and interim regulations to determine whether such locations continue to be appropriate for adult businesses and whether other locations would be appropriate. The Planning Staff expects to complete this review, prepare a permanent adult business ordinance, and schedule hearings on the revised ordinance before the Planning Commission in lanuary 1998. 2. Pursuant to California Government Code Section 65858, the City Council hereby finds and determines that a current and immediate threat to the public health, peace, safety and general welfare exists which necessitates the immediate enactment of this Ordinance for the immediate preservation of the public health, peace, safety and general welfare, and that the approval of the use permits and other applicable land use entitlements for the uses prohibited by this Ordinance would result in that threat to public health, safety or welfare based upon the facts set forth in this Ordinance and the facts presented to the Council. 3. The City of Temecula is currently in the process of studying and preparing a comprehensive revision to the zoning ordinance regulating the criteria under which adult-oriented businesses shall operate within the City. The purpose of this Ordinance is to provide the City of Temecula with interim zoning controls over adult-oriented businesses until such time as the City adopts a permanent zoning ordinance governing adult-oriented businesses, by prohibiting the establishment of adult businesses generally, and by providing exceptions for P:\NAASEHS\293PA97.CC 8/28/97 sn 8 specific areas within the City wherein adult businesses shall be permitted pursuant to the interim regulations while the City develops and implements permanent zoning controls for adult businesses. The interim zoning regulations for adult business have been drafted to comply with recent court decisions concerning adult businesses. 4. The City Council finds and determines that uses regulated or prohibited by this Ordinance would be in conflict with the general plan and with a zoning proposal for the location of adult businesses which the City Council intends to study and consider. It is the purpose and intent of this Ordinance to provide for the reasonable and uniform interim regulation of adult-oriented businesses in the City of Temecula. It is recognized that adult-oriented businesses have a serious deleterious effect upon adjacent areas, as well as the areas in which they are located if not properly regulated. It is therefore the purpose of this Ordinance to establish interim criteria and standards for the establishment and conduct of adult-oriented businesses which will protect the public heath, safety, and general welfare, preserve locally recognized values of community appearance, minimize the potential for nuisances related to the operation of adult- oriented businesses, and maintain local property values during such time as the City of Temecula develops permanent zoning controls over adult businesses. 5. Uses prohibited by this Ordinance would affect significant changes in vehicular traffic, noise, pedestrian safety, air quality, parking, neighborhood character, and will create a demand on public safety and emergency services, and will have an adverse impact upon real estate values in the City of Temecula. 6. Pursuant to Government Code Section 65858, a copy of this Ordinance has been on file in the Office of the Director of Community Development and available for public review and copying since August 29, 1997. The findings of this Ordinance contain all of the information required by Government Code Section 65858 to be contained in a report describing the measures taken to alleviate the conditions which led to the adoption of Ordinance No. 96-18 and the draft of this Ordinance which was available beginning August 29, 1997 shall be deemed to constitute the report required by Government Code Section. 65858. SECTION 2. While this Ordinance is in effect and during any extensions thereof pursuant to Government Code Section 65858, no land use entitlement, permit (including building permits) approval, site plan, certificate of occupancy, zoning clearance or other land use authorization for an Adult Business, Adult Arcade, Adult Bookstore, Adult Video Store, Adult Cabaret, Adult Hotel/Motel, Adult Motion Picture Theater, Adult Theater, or other use described in this Ordinance, as defined in this Ordinance, shall be issued, granted or permitted. As an exception to the general prohibition of such Adult Businesses set forth herein, an Adult Business shall be permitted if the business complies with the regulations set forth in Chapter 5.09, Interim Adult Business Regulations, of the Temecula Municipal Code, as adopted by this ordinance. The following regulations, designated "Chapter 5.09, Interim Adult Business Regulations," are hereby adopted and added to the Temecula Municipal Code, for the term of this ordinance or any extensions thereof pursuant to Government Code Section 65868: P:\NAASEHS\293PA97.CC 8/28/97 sn 9 "Chapter 5.09 INTERIM ADULT BUSINESS REGULATIONS Sections: 5.09.002 5.09.004 5.09.006 5.09.008 5.09.010 5.09.012 5.09.014 5.09.016 5.09.018 5.09.019 5.09.020 5.09.022 5.09.024 5.09.026 5.O9.O28 5.09.030 5.09.032 5.O9.O34 5.09.036 5.09.038 5.09.040 5.09.042 Purpose and Intent. Definitions. Restfiction to Commercial and Industrial Zones Statements and Records. Conditional Use Permit Required. Time Limits For Action On Conditional Use Permit. Sale/Serving of Alcohol and Persons Under the Influence of Alcohol of Controlled Substances; Age Suspension and Revocation of a Conditional Use Permit. Adult Business License Required. Adult Business Employee Permit Application For Adult Business License. Investigation. Decision by Director of Community Development on Application For License. Grant of Application For License. Denial of Application For License. Inspection. Expiration of License. Revocation of License. Heating on Revocation of License. Regulations Nonexclusive. Violations/Penalties. Public Nuisance. 5.09.002 Purpose and Intent. The purpose and intent of this Chapter are to regulate adult-oriented businesses which, unless closely regulated, tend to have serious secondary effects on the community, which effects include, but are not limited to, the following: depreciation of property values and increase in vacancies in residential and commercial areas in the vicinity of Adult Businesses; interference with residential property owners' enjoyment of their property when such property is located in the vicinity of Adult Businesses as a result of increases in crime, litter, noise and vandalism; higher crime rates in the vicinity of Adult Businesses; and blighting conditions such as low-level maintenance of commercial premises and parking lots, which thereby have a deleterious effect upon adjacent areas. Special regulation of these businesses is necessary to prevent these adverse effects and the blighting or degradation of the neighborhoods in the vicinity of the Adult Businesses. P:\NAASEHS~293PA97.CC 8/28/97 sn 10 It is neither the intent nor the effect of this Chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of this Chapter to restrict or deny access by adults to communication materials or to deny access by the distributors or exhibitors of Adult Businesses to their intended market. Nothing in this Chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any City ordinance or any statute of the State of Califomia regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof. 5.09.004 Definitions. The following words and phrases shall, for the purposes of this Chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended. A. Adult Arcade shall mean an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each', are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of Specified Sexual Activities or Specified Anatomical Areas. B. Adult Bookstore or Adult Video Store shall mean an establishment which has as a regular and substantial portion of its business in the sale, rental or viewing for any form of consideration any one or more of the following: Books, magazines, periodicals or other printed matter, or photographs, films, sculptures, motion pictures, video cassettes, slides or other visual representations which are characterized by an emphasis upon the depiction or description of Specified Sexual Activities or specific anatomical areas. C. Adult Business shall mean any business establishment, entity or concern which as a regular and substantial course of conduct performs or operates as an Adult Bookstore, or Adult Video Store, Adult Theater, Adult Motion Picture Theater, Adult Cabaret, Adult Motel/Hotel, Adult Arcade, or any other business, entity or concern which as a regular and substantial portion of its business offers to its patrons products, merchandise, services or entertainment which are distinguished or characterized by an emphasis on matter depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Areas but not including those uses or activities, the regulation of which is preempted by state law. Adult Business.shall also include any establishment which as a regular and substantial course of conduct provides or allows performers, models, or employees to appear in any public place dressed only in lingerie. D. Adult Cabaret shall mean a nightclub, restaurant or similar business establishment which regularly features live performances which are characterized by the exposure of Specified Anatomical Areas or by Specified Sexual Activities, or films, motion pictures, video P:\NAASEHS\293PA97.CC 8/28/97 sn 11 cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of specified sexual activities or Specified Anatomical Areas. E. Adult Hotel/Motel shall mean a hotel or motel or similar business establishment offering public accommodations for any form of consideration which (1) provides patrons with dosed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of Specified Sexual Activities or Specified Anatomical Areas; and/or (2) rents, leases, or lets any room for less than a six (6) hour period, or rents, leases or lets any single room more than twice in a twenty-four (24) hour period. F. Adult Material shall mean books, magazines, periodicals or other printed matter, or photographs, films, sculptures, motion pictures, video cassettes, slides or other visual representations which are characterized by an emphasis upon the depiction or description of Specified Sexual Activities or specific anatomical areas. G. Adult Motion Picture Theater shall mean a business establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of Specified Sexual Activities or Specified Anatomical Areas. H. Adult Theater shall mean a theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances which are characterized by the exposure of Specified Anatomical Areas or by Specified Sexual Activities. I. Establishment of an Adult Business includes any of the following: The opening or commencement of any such business as a new business; 2. The conversion of an existing business, whether or not an Adult Business, to any of the Adult Businesses defined herein; 3. The addition of any of the Adult Businesses defined herein to any other existing Adult Business; or 4. The relocation of any such Adult Business. J. Gross Receipts. Shall mean and includes the total amounts actually received or receivable from the sale, trade, rental, display or presentation of services, products, Adult Material or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Areas. P:\NAASEHS\293PA97.CC 8/28/97 sn 12 K. Owner or Permit Holder or Permittee. For purposes of this Chapter, Owner, Permit holder or Permittee shall mean any of the following: (i) the sole proprietor of an Adult Business; or (ii) each general partner of a parmership which owns and operates an Adult Business; or ('fii) each owner of ten percent (10%) or more of stock in a corporation which owns and operates an Adult Business. L. Person shall mean and includes person(s), firms, corporations, partnerships, associations, or any other forms of business organization or group(s). M. "Regular and substantial course of conduct" and "regular and substantial portion of its business shall mean any Adult Business where one or more of the following conditions exist: 1. The area(s) devoted to the display of Adult Material exceeds fifteen percent (15 %) of the total display area of the business; or 2. The business or concern presents any type of live entertainment characterized by an emphasis on Specified Sexual Activity or Specified Anatomical Parts, or performers, models or employees appearing in public dressed only in lingerie on any four (4) or more separate days within any thirty (30) day period; or 3. At least twenty-five percent (25%) of the gross receipts of the business are derived from the sale, trade, rental, display or presentation of services, products, Adult Material, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Areas. N. Religious Institution shall mean a structure which is used primarily for religious worship and related religious activities; O. School shall mean any child care facility, or an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any special institution of Education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college or university. P. Specified Anatomical Areas shall include any of the following: 1. I_ess than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola; or P:\NAASEHS\293PA97.CC 8/28/97 sn 13 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Q. Specified Sexual Activities shall includes any of the following: 1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts; 2. Sex acts, actual or simulated, including intercourse, oral copulation or sodomy; 3. Masturbation, actual or simulated; 4. Excretory functions as part of or in connection with any of the activities described in subdivisions a. through c. of this subsection; or 5. Striptease, or the removal of clothing, or the wearing of transparent or diaphanous clothing, including models dressed only in lingerie to the point where Specified Anatomical Areas are exposed. R. Substantial Enlargement shall mean the increase in floor area occupied by the business, by more than ten percent (10%) as the floor area exists on the effective date of this Chapter. S. Transfer of Ownership or Control of An Adult Business shall mean and include any of the following: 1. The sale, lease or sublease of the business; or 2. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or 3. The establishment of a trust, girl or other similar legal devise which transfers ownership or control of the business, including the transfer by bequest or other operation of law upon the death of a person possessing the ownership or control. T. Police and Fire Departments shall mean the agencies providing police and fire services by contract for the City of Temecula. 5.09.006 Restricted to Commercial and Industrial Zones. Notwithstanding any provision to the contrary in the Temecula Municipal Code, no Adult Business shall be established, expanded, or conducted except in a Service Commercial CSC") Zone or the Community Commercial ("CC") Zone, subject to the following regulations: P:\NAASEHS\293PA97.CC 8/28/97 $n 14 Ao Chapter; and The adult business shall conform to all of the regulations contained in this B. No adult business shall be located within one thousand (1,000) feet of: 1. Any residential use, whether inside or outside of the Temecula city limits; Any Religious Institution, whether inside or outside of the Temecula city limits; 3. Any School or day care center, public or private park or playground (except for a private playground incidental to a business serving food), whether inside or outside of the Temecula city limits; 4. Any retirement home or convalescent hospital, whether inside or outside of the Temecula city limits; 5. Any recreational facility, public or private, including, without limitation, an arcade, bowling alley, skateboard rink, skating rink, or similar area where minors regularly congregate, whether inside or outside of the Temecula city limits; 6. City Hall, city offices, and other public buildings, whether inside or outside of the Temecula city limits; and 7. Libraries, whether inside or outside of the Temecula city limits. Adult Business. No adult business shall be located within two hundred (200) feet of another D. For the purposes of this Chapter, all distances shall be measured in a straight line, without regard for intervening structures or objects, from the nearest closest exterior wall of the structure in which the business is located to the to the property line of the use from which it is to be separated. 5.09.008 Statements and Records. Person(s) required to obtain an Adult Business License pursuant to the provisions of this Chapter for any business establishment which provides products, Adult Material, merchandise, services or entertainment which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Areas, as defined in Section 5.09.004 of this Chapter, shall maintain complete records which can be segregated with regard to all transactions involving such products, merchandise, Adult Material, services or entertainment which are sufficient to establish the percentage of gross receipts of the business which is derived from such transactions. Such records shall be maintained for a period of at least three (3) years. No person required to keep P:\NAASEHS\293PA97.CC 8/28/97 sn 15 records under this Section shall refuse to allow authorized representatives of the City to examine said records at reasonable times and places. 5.09.010 Conditional Use Permit Required. It shall be unlawful for any person to operate, engage in, conduct or carry on any Adult Business within the City of Temecula unless the person operating the Adult Business first obtains, and continues to maintain in full force and effect an Adult Business License pursuant to Section 5.09.018 herein, and a Conditional Use Permit. In addition to the base zoning requirements governing Conditional Use Permits generally, the following additional requirements shall be satisfied by Adult Businesses and shall be included in any approved Conditional Use Permit: A. Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed and provided in accordance with the Fire Department and building regulations and standards adopted by the City of Temecula. B. No Adult Business shall be operated in any manner that permits the observation of any material depicting, desdribing or relating to Specified Sexual Activities or Specified Anatomical Areas from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening. C. Lighting shall be required which is designed to illuminate all off-street parking areas serving such use for the purpose of increasing the personal safety of store patrons and reducing the incidents of vandalism and theft. Said lighting shall be shown on the required plot plans and shall be reviewed and approved by the Department of Community Development. D. No loudspeakers or sound equipment shall be used by an Adult Business for the amplification of sound to a level discernible by the public beyond the walls of the building in which such use is conducted or which violates any noise restrictions as may be adopted by the City of Temecula. E. The building entrance to an Adult Business shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the Director of Community Development. portable structure. The Adult Business shall not be located, in whole or in part, within any G. The Adult Business shall not conduct or sponsor any special events, promotions, festivals, concerts or similar activities which would increase the demand for parking spaces beyond the approved number of spaces for the business. D: \NAASEHS \293PA97. CC 8/28/97 sn 16 H. The Adult Business shall not conduct any massage, acupuncture, figure modeling, tattooing, acupressure or escort services and shall not allow such activities on the premises. I. Any Adult Business which allows customers to remain on the premises while viewing any live, filmed or recorded entertainment, or while using or consuming the products or service supplied on the premises, shall conform to the following additional requirements: 1. At least one (1) security guard shall be on duty outside the premises, patrolling the grounds and parking areas, at all times while the business is open. If the occupancy limit of the premises is greater than fifty (50) persons, an additional security guard shall be on duty inside the premises. The security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of this Chapter, and notifying the City Police Department and Code Enforcement Department of any violations of law observed. Any security guard required by this subparagraph shall be uniformed in such manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state and/or local law. No security guard required pursuant to this subparagraph shall act as a door person, ticket seller, ticket taker, or admittance person while acting as a security guard hereunder. 2. Landscaping shall conform to the standards established for the zone, except that, if the Adult Business is the sole use on a lot, no planting shall exceed thirty (30) inches in height, except trees with foliage not less than six (6) feet above the ground. 3. The entire exterior grounds, including the parking lot, shall be lighted in accordance with standards promulgated by the Director of Community Development. 4. The premises within which the Adult Business is located shall provide sufficient sound-absorbing insulation so that noise generated inside said premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building. 5. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times. Such opaque covering shall be subject to approval of the Director of Community Development. 6. Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the business. J. All indoor areas of the Adult Business within which patrons are permitted, except rest rooms, shall be open to view at all times. ?:\NAASEHS\293PA97.CC 8/28/97 sn 17 K. Except as specifically provided in this Chapter, the Adult Business shall comply with all other zoning, parking, development and design standards applicable to the zone in which the business is located. L. No Adult Material shall be displayed in such manner as to be visible from any location other than within the premises occupied by the Adult Business. M. No person under the age of eighteen (18) years shall be permitted within the premises at any time. N. The Adult Business shall provide and maintain separate rest room facilities for male patrons and employees and female patrons and employees. Male patrons and employees shall be prohibited from using the rest room(s) for females, and female patrons and employees shall be prohibited from using the rest room(s) for males, except to carry out duties of repair, maintenance and cleaning of the rest room facilities. The rest rooms shall be free from any Adult Material. Rest rooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this paragraph shall not be applicable to an Adult Business which deals exclusively with sale or rental of Adult Material which is not used or consumed on the premises, such as an Adult Bookstore or Adult Video Store, and which does not provide rest room facilities to its patrons or the general public. O. Except as otherwise required by law for adult motion picture theaters, and except as provided in subparagraph 18 of Section 5.09.010 with regard to Adult Arcades, and subparagraph 19 of Section 5.09.010 with regard to Adult Businesses providing live entertainment, all areas of the Adult Business accessible to patrons shall be illuminated at least to the extent of twenty (20) foot-candles, minimally maintained and evenly distributed at ground level. P. All on-site signage shall conform to the relevant provisions of the Temecula Municipal Code regarding signs. All Adult Materials and activities shall be concealed from view from any public right-of-way, parking lot or neighboring property. p.m. to 8:00 a.m. No Adult Business shall be open or operating during the hours from 10:00 R. The following additional requirements shall pertain to Adult Arcades which provide one (1) or more viewing area(s): 1. Upon application for a Conditional Use Permit for an Adult Arcade, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one (1) or more manager's stations, the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two (32) square feet of floor area with no dimension greater than eight (8) feet. The diagram shall also designate the place at which the Adult Business P:\NAASEHS\293PA97.CC 8/28/97 sn 18 License will be conspicuously posted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the Adult Arcade to an accuracy of plus or minus six (6) inches. under penalty of perjury. The application shall be sworn to be true and correct by the Owner 3. No alteration in the configuration or location of a manager's station(s) may be made without the prior approval of the City Planning Commission. 4. It shall be the duty of the Owner(s) to ensure that at least one (1) employee is on duty and situated at each manager's station at all times that any patron is present inside the Adult Arcade. 5. The interior of the Adult Arcade shall be configured in such a manner that there is an unobstructed view from a manager' s station of every area of the Adult Arcade to which any patron is permitted access for any purpose excluding rest rooms. If the Adult Arcade has two (2) or more manager's stations designated, then the interior of the Adult Arcade shall be configured in such a manner that there is an unobstructed view of each area of the Adult Arcade to which any patron is permitted access for any purpose, excluding rest rooms, from at least one (1) of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station. 6. It shall be the duty of the Owner(s) and it shall also be the duty of all employees present on the Adult Arcade to ensure that the individual viewing area specified in subsection (g) remains unobstructed by any doors, walls, persons, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the Adult Arcade which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subparagraph (a) of this paragraph. 7. No Individual Viewing Area may be occupied by more than one (1) person at any one time. "Individual Viewing Area" shall mean a viewing area designed for occupancy by one (1) person. Individual Viewing Areas of the Adult Arcade shall be operated and maintained without any hole or other opening or means of direct communication or visual or physical access between the interior space of two (2) or more Individual Viewing Areas. 8. No individual viewing area shall contain booths, stalls, or partitioned portions of such individual viewing area used for the viewing of adult material or other forms of entertainment, having doors, curtains or portal partitions, unless such individual viewing areas containing booths, stalls or partitioned portions have at least one (1) side open to the manager's station and visible to such manager's station. Any booth, stall or partitioned portion of an individual viewing area authorized under this subparagraph (h) shall be constructed so as to allow P:\NAASEHS\293PA97.CC 8/28/97 sn 19 twelve (12) inches of open space between the bottom of the stall or partition and the floor. Such open space shall remain unobstructed at all times. 9. The Adult Arcade shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access but such lighting shall not be of an intensity as to prevent the viewing of the adult material. 10. It shall be the duty of the Owner(s) and it shall also be the duty of all employees present on the Adult Arcade to ensure that the illumination described above is maintained at all times that any patron is present on the Adult Arcade. S. The following additional requirements shall pertain to Adult Businesses providing live entertainment depicting Specified Anatomical Areas or involving Specified Sexual Activities: 1. No person shall perform live entertainment for patrons of an Adult Business except upon a stage at least eighteen (18) inches above the level of the floor which is separated by a distance of at least six (6) feet from the nearest area occupied by patrons, and no patron shall be permitted within six (6) feet of the stage while the stage is occupied by an entertainer. "Entertainer" shall mean any person who is an employee or independent contractor of the Adult Business, or any person who, without any compensation or other form of consideration, performs live entertainment for patrons of an Adult Business. 2. The Adult Business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use. 3. The Adult Business shall provide an entrance/exit to the Adult Arcade for entertainers which is separate from the entrance/exit used by patrons. 4. The Adult Business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the Adult Business shall provide a minimum three-foot (3') wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers. 5. No entertainer, either before, during or after performances, shall have physical contact with any patron andno patron shall have physical contact with any entertainer either before, during or after performances by such entertainer. 6. Fixed rail(s) at least thirty (30) inches in height shall be maintained establishing the separations between entertainers and patrons required by this paragraph. P:\NAASEHS\293PA97.CC 8/28/97 sn 2 0 7. The Adult Arcade shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access with an illumination of not less than twenty (20.0) foot candles as measured at the floor level. The foregoing applicable requirements of this Section shall be deemed conditions of permit approval, and failure to comply with each and all of such requirements shall be grounds for revocation of the Conditional Use Permit and the Adult Business License issued pursuant to this Chapter. 5.09.012 Time limits For Action On Conditional Use Permit. An application for a Conditional Use Permit shall be approved or denied by the Planning Commission within forty-five (45) days of its acceptance as complete by the Department of Community Development. The Planning Commission, or City Council on appeal, shall approve an application for a Conditional Use Permit for an Adult Business upon findings that the Applicant has met all the applicable requirements and performance standards of this Chapter. Any proceeding to appeal such decision to the City Council shall be filed with the City Clerk within fifteen (15) days of such decision. An appeal shall be heard within thirty (30) days of its filing with the City Clerk. Any proceeding to seek judicial review of any City Council decision shall he brought in accordance with the provisions of the Temecula Municipal Code and applicable State Law. 5.09.014 Sale/Serving of Alcohol and Persons Under the Influence of Alcohol of Controlled Substances; Age. A. It is unlawful to sell, serve or permit the consumption of alcohol or controlled substances in a structure occupied by an Adult Business. B. It is unlawful for any person under the age of eighteen (18) years or any person obviously under the influence of alcohol or a controlled substance to enter or remain on the premises of an Adult Business at any time. A sign giving notice of this provision shall be prominently posted at each entrance to the premises of the Adult Business. C. It is unlawful for any person having responsibility for the operation of an Adult Business, to allow any person under the age of eighteen (18) years to enter or remain on the premises of the business, whether or not such person having responsibility for the operation of an Adult Business has knowledge that the person is under the age of eighteen (18) years; or to allow any person obviously under the influence of alcohol or a controlled substance to enter or remain on the premises of the business. D. For the purposes of this Section, the Licensee of an Adult Business License, when present on the premises, and the manager or other person(s) in charge of the premises, are persons having responsibility for the operation of the business. As used in this Section "controlled substance" means those substances defined and described in Health and Safety Code Section 11007 as it now exists or may be subsequently amended or renumbered. P: \NAASEHS\ 2 93PA97. CC 8/28/97 $n 21 5.09.016 Suspension and Revocation of a Conditional Use Permit. The Planning Commission may suspend or revoke any Conditional Use Permit if it is found that any of the following conditions exist in addition to the criteria set forth in this Chapter: A. The operation conducted by the permittee does not comply with all applicable laws, including, but not limited 'to, the City's building, health, zoning and fire ordinances, the requirements of this Chapter or the Conditional Use Permit or Adult Business Permit, or is in violation of, or has violated, one or more of the conditions of approval of the Conditional Use Permit or Adult Business Permit; B. That the approved use has been substantially enlarged without City approval; C. That the approved use has been partially or wholly convened to another Adult Business without City approval; its issuance; or That the Conditional Use Permit has not been utilized within six months of E. The Adult Business License has been suspended or revoked. 5.09.018 Adult Business l,icense Required. Each Owner proposing to operate an Adult Business must obtain an Adult Business License in addition to a Conditional Use Permit. If an Adult Business is owned by a corporation, partnership, limited liability company or pannership, or other business entity, then each person owning or having control of ten percent (10%) or more of the entity shall also obtain an Adult Business License. Such persons may apply for the Adult Business License on the same application and application process as the entity which will own the Adult Business. No Adult Business License shall be sold, transferred, or assigned by any License holder, or by operation of law, to any other person, group, partnership, corporation or any other entity, and any such sale, transfer or assignment, or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of such License, and such License shall be thereafter null and void. An Adult Business License held by an individual in a corporation or partnership is subj~t to the same rules of transferability as contained above. Any change in the nature or composition of the Adult Business from one type of Adult Business use to another type of Adult Business use shall also render the License null and void. An Adult Business License shall be valid only for the exact location specified in the License. 5.09.019 Adult Business Employee Permit. Each Employee of an Adult Business or an independent contractor working at an Adult Business three or more times during a thirty (30) day period shall obtain a Adult Business Employee Permit. A. Each person requesting an Adult Business Employee Permit shall submit a verified application on a form provided by the Community Development Department which shall contain the name and permanent address of the applicant, the name and address of the location where the applicant will work, a statement as t6 whether the applicant is over the age of eighteen, P:\NAASEHS\293PA97.CC 8/28/97 sn 2 2 and such other information or forms as the Director of Community Development requires in order to decide whether the permit can be granted. B. The Director shall grant the license unless he or she finds: 1. The Applicant is under the age of eighteen; 2. The Applicant has been convicted of a felony or misdemeanor which offense is classified by the State as an offense involving sexual crimes against children, sexual abuse, rape, kidnaping, distribution of obscene material or material harmful to minors, prostitution or pandering or as a result of the operation of an Adult Business, whether or not the conviction is in California, including, but not necessarily limited to, the violation of any crime requiring registration under California Penal Code Section 290, or any violation of Penal Code Sections 243.4, 261,261.5,264.1,266, 266a through 266k, inclusive, 267, 286, 286.5,288,288a, 311 through 311.10, inclusive, 314, 315, 316, or 647, whether or not such a conviction is being appealed. : 3. The Adult Business at which the Applicant proposes to work is not properly permitted or licensed within the City of Temecula; or 4. The Applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application or any document required to be filed with the Police Department. C. Within two (2) business days of an application being filed and determined complete by the Director, the Director shall approve or deny a Temporary Adult Business Employee Permit for the Applicant. If a Temporary Adult Business Employee Permit is approved it shall be in effect for a maximum of forty five (45) days or until such time as a permanent permit is issued or denied. If the Temporary Adult Business Employee Permit or the permanent Adult Business Employee Permit is denied, the Director shall notify the Applicant in writing and shall state the reasons for the denial. of one (1) year. The permanent Adult Business Employee Permit shall be valid for a period E. The Applicant who has been issued Adult Business Employee Permit shall have a continuing duty to report to the Director any change in the facts disclosed in the initial application. " 5.09.020 Application For Adult Business License. Applicants for such licenses shall f'fie a written, signed and verified application or renewal application on a form provided by the Community Development Department. Such application shall contain: A. The name and permanent address of Applicant. P:\NAASEHS\293PA97.CC 8/28/97 sn 2 3 B. The name and business address of the Applicant. If the Applicant is a corporation, the name shall be exactly as set forth in its Articles of Incorporation and the Applicant shall show the name and residence address of each of the officers, directors and each stockholder owning no less than ten percent (10%) of the stock of the corporation. If the Applicant is a parmership, limited liability company or limited liability parmership, the application shall show the name and residence address of each of the members, including limited partners with a ten percent (10%) or more interest; entertainment, entertainment; C. A detailed description of the manner of providing any proposed including type of entertainment and the number of persons engaged in the D. Hours of operation; E. A location, address and floor plan showing where the specific entertainment uses are proposed to be conducted within the building; F. The name or names of the person or persons having the management or supervision of Applicant's business and of any entertainment; G. A statement of the nature and character of Applicant's business if any, to be carded on in conjunction with such entertainment; and H. For a renewal application, Applicant in addition shall indicate any changes since the filing of the initial application. I. Whether the Applicant or any of the other Owners of the Adult Business has had a previous permit under this Ordinance or other similar ordinances from this City or another city or county denies, suspended or revoked, including the name and location of the Adult Business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the Applicant or any other individuals listed pursuant to this Section has been a partner in a partnership or an officer, director or principal stockholder of a corporation that has permitted under this Section whose permit has previously been denied, suspended or revoked, including the name and location of the Adult Business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation. J. Whether the Applicant or any other Owner holds any other permits and/or licenses for an Adult Business from another city or county, and if so the names and locations of such other permitted businesses. K. If a person who wishes to operate an Adult Business is an individual, he/she must sign the application for a permit as Applicant. If a person who wishes to operate an Adult Business is other than an individual, each individual who has a ten percent (10%) or greater interest in the business must sign the application for a permit as an Applicant. If a corporation P:\NAASEHS\293?A97.CC 8/28/97 sn 24 : is listed as Owner of an Adult Business or as the entity which wishes to operate such a business, each individual having a ten percent (10%) or greater interest in the corporation must sign the application for a permit as an Applicant. All applications for a license or renewal shall be filed with the City Community Development Department. Each application shall be accompanied by a non-refundable fee for filing or renewal in an amount determined by resolution of the City Council, which fees will be used to defray the costs of investigation, inspection and processing of such application. Fees established for Adult Businesses under Chapter 5.08 of the Temecula Municipal Code shall apply to applications for this Chapter 5.09. Applicants for a License under this Section shall have a continuing duty during the term of the license to promptly supplement application information required by this Section in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within thirty (30) days from the date of such change, by supplementing the application on file with the Director of Community Development or his/her designee, shall be grounds for revocation of a License. 5.09.022 Investigation. Upon receipt of an application properly fried with the City Community Development Department and upon payment of the non-refundable application fee, the City Community Development Department shall immediately stamp the application as received and shall immediately thereafter send photocopies of the application to the Police Department and any other City departments or other agencies responsible for enforcement of health, fire and building codes and laws. Each department or agency shall promptly conduct an investigation of the Applicant, application and the proposed Adult Business in accordance with its responsibilities under law and as set forth in this Chapter. Said investigation shall be completed within twenty-- five (25) days of receipt of the application by the City Community Development Department. At the conclusion of its investigation, each department or agency shall indicate on the photocopy of the application its approval or disapproval of the application, date it, sign it, and, in the event it disapproves, state the reasons therefor. A department or agency shall disapprove an application if it finds that the proposed Adult Business will be in violation of any provision of any statute, code, ordinance, regulation or other law in effect in the City. After its indication of approval or disapproval, each department or agency shall immediately return the photocopy of the application to the City Community Development Department. 5.09.024 Decision By D'wector of Community Development on Application For License. The Director of Community Development or designee (hereinafter 'Director') shall grant or deny an application for a License within forty-five (45) days from the date of its proper filing. Upon the expiration of the forty-fifth (45th) day, unless the Applicant requests and is granted a reasonable extension of time, the Applicant shall be permitted to begin operating the business for which the License is sought, unless and until the Director notifies the Applicant of a denial of the application and states the reason(s) for that denial. P:\NAASEHS\293PA97.CC 8/28/97 sn 2 5 5.09.026 Grant of ApplicatiOn For License. A. The Director shall grant the application unless one or more of the reasons set forth in Section 5.09.028 (Denial of Application for License) below is present. B. The License, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the Adult Business. The permit shall be posted in a conspicuous place at or near the entrance to the Adult Business so that it can be easily read at any time. 5.09.028 Denial of Application of License. The Director shall deny the application for any of the following reasons: A. The building, structure, equipment and location used by the business for which a license is required herein do not comply with the requirements and standards of the health, zoning, fire and safety laws of the State of California and of the City of Temecula; B. The Applicant, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for a license or in any report or record required to be filed with the Police Department, Fire Department or other department of the City; C. The Applicant has had any type of Adult Business License revoked by any public entity within two (2) years of the date of the application; D. The Applicant, manager or any agent or employee of the Adult Business has been convicted of a felony or misdemeanor which offense is classified by the State as an offense involving sexual crimes against children, sexual abuse, rape, kidnaping, distribution of obscene material or material harmful to minors, prostitution or pandering or as a result of the operation of the operation of an Adult Business, whether or not the conviction is in California, including, but not necessarily limited to, the violation of any crime requiring registration under California Penal Code Section 290, or any viol~ttion of Penal Code Sections 243.4, 261,261.5,264.1,266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316, or 647, whether or not such a conviction is being appealed; A Conditional Use Permit has previously been denied for the proposed use; or F. That an Applicant is under eighteen (18) years of age; G. The required application fees have not been paid; or H. The Applicant will not be able to comply with the conditions of approval or regulations applicable to the Adult Business as required by this Chapter. P:\NAASEHS\293PA97.CC 8/28/97 sn 2 6 If the Director denies the application, he shall notify the Applicant of the denial in writing and state the reason(s) for the denial. If a person applies for a License for a particular location within a period of twelve (12) months from the date of denial of a previous application for a License at the location, and there has not been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reasons for denial, the application shall be denied. 5.09.030 Inspection. An Applicant or Licensee shall permit representatives of the Police Department, Health Department, Fire Department, Code Enforcement, Planning Department, or other City D~mments or Agencies to inspect the premises of an Adult Business for the purpose of insuring compliance with the law, at any time it is occupied or opened for business. A person who operates an Adult Business or his or her agent or employee is in violation of the provisions of this section if he/she refuses to permit such lawful inspection of the premises at any time it is occupied or opened for business. 5.09.032 Expiration of License. Each License shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in Section 5.09.020 (for renewals, filing of original survey 'shall be sufficient). Application for renewal shall be made at least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the License shall not be affected. The renewal shall be considered and approved, conditionally approved, or denied on the same grounds as set forth in Sections 5.09.018 through 5.09.036. If the Director denies renewal of the License, the Applicant shall not be issued a License for one (1) year from the date of denial. If, subsequent to denial, the Director finds that the basis for denial of the renewal of the License has been corrected, the Applicant shall be granted a License if at least ninety (90) days have elapsed since the date denial became final. 5.09.034 Revocation of License. After an investigation, notice and hearing, the Director shall revoke an existing Adult Business License, as shall be found necessary to assure the preservation of the public health and safety, if the evidence presented establishes that one or more of the following conditions exist: A. The building, structure, equipment and location used by the business fail to comply with the requirements or fail to meet the standards of the health, zoning, fire and safety laws of the State of California, or of the ordinances of the City of Temecula; B. The Licensee, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statement of material facts in the application for a license, or in any report or record required to be filed with the Police or other department of the City; ' C. The Licensee has had any type of Adult Business License revoked by any public entity within three (3) years of the date the license was issued; P: \NAASEHS\ 293PA97. CC 8/28/97 sn 27 D. There is not a responsible adult on the premises to act as a manager at all times in which the business is open or operating; E. The Licensee is convicted of a felony or misdemeanor which offense is classified by the State as an offense involving sexual crimes against children, sexual abuse, rape, kidnaping, distribution of obscene material or material harmful to minors, prostitution or pandering or as a result of the operation of the operation of an Adult Business, whether or not the conviction is in California, including, but not necessarily limited to the violation of any crime requiring registration under California Penal Code Section 290, or any violation of Penal Code Sections 243.4, 261,261.5, 264.1,266, 266a through 266k, inclusive, 267, 286, 286.S, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316 or 647 whether or not the conviction is being appealed; F. If, on one (1) or more occasions within a twelve (12) month period, a person or persons has (have) been convicted of a felony or misdemeanor for an offense set forth in subsection (5) above, which offense has occurred as a result of or has originated from such persons' activity on the premises or property on which the Adult Business is located, and the person or persons were employees, Contractors or agents of the Adult Business at the time the offenses were committed; G. If the Licensee or any employee of the Licensee has knowingly allowed prostitution, or solicitation for prostitution, on the premises; H. The Adult Business has been operated in violation of any of the requirements of this Chapter and, (I) if the violation is of a continuous nature, the business continues to be operated in violation of such provision for more than ten (10) days following the date written notice of such violation is mailed or delivered to the Licensee, or (ii) if the violation is of a noncontinuous nature two (2) or more additional violations of the same provision, or four (4) or more violations of any other of the provisions, of this Chapter occur (regardless of whether notice of each individual violation is given to Licensee within any twelve (12) month period; I. That the subject Adult Business has employed minors; or J. That the Conditional Use Permit for the use has been suspended or revoked. 5.09.036 Hearirlg on Revocation of License. Upon determining that grounds for license revocation exist, the Director shall furnish written notice of the proposed revocation to the Licensee. Such notice shall summarize the principal reasons for the proposed revocation; shall state that the Licensee may request a hearing within fifteen (15) calendar days of the postmarked date on the notice which shall be delivered both by posting the notice at the location of the Adult Business and by sending the notice by certified mail, postage prepaid, addressed to the Licensee as that name and address as appears on the License2 It is the Licensee's responsibility pursuant to Section 5.09.020 to notify the City of any 'changes in address of the Licensee during the time the permit is in effect. Within fifteen (15) calendar days after the later of the mailing or posting P:\NAASEHS\293PA97.CC 8/28/97 sn i 2 8 of the notice the Licensee may file a request for hearing with the Director. If the request for a hearing is filed within fifteen (15) calendar days of the mailing or posting of the notice referred to herein, the Director shall transmit the request to the Planning Commission, and the hearing shall be provided. Upon receipt of a written request for a hearing, the Planning Commission shall conduct a hearing. The Planning Commission' shall conduct a hearing within thirty (30) calendar days of the filing of such request by the Licensee. Notice of time and place of the hearing shall be given to the Licensee by personal service or via certified mail, postage prepaid, at least fifteen (15) calendar days in advance of the date set for the public hearing. At the hearing, the Licensee and the City shall be entitled to present relevant evidence, testify under oath and call witnesses who shall testify under oath. The Planning Commission shall not be bound by the statutory rules of evidence in the hearing, except that hearsay evidence may not be the sole basis for the determination of the Planning Commission. At the conclusion of the hearing, the Planning Commission shall decide whether the grounds for revocation exist and shall submit a written report to the Director. Such written report shall contain a brief summary of the evidence considered and shall state findings, conclusions and directives to the Director regarding whether the License is to be revoked. All such reports shall be filed with the City Clerk and shall be public records. A copy of such report shall be forwarded by certified mail, postage prepaid, to the Licensee on the day it is filed with the City Clerk. If the Planning Commission determines that any grounds for revocation exist, as provided in Section 5.09.034 of this Chapter, the Director, based upon the report of the Planning Commission or, if no hearing was 'requested by the Licensee, based upon the report of the City staff, shall immediately revoke the Adult Business License. The decision of the Planning Commission shall be appealable to the City Council by the filing of a written appeal with the City Clerk within fifteen (15) calendar days following the date of mailing of such decision. A timely filed appeal shall vacate the decision of the Planning Commission. Any such appeal shall be a de novo public hearing held in the manner and within the time limitations set forth in Section 5.09.012. The decision of the City Council upon appeal, or the decision of the Planning Commission in the absence of a timely appeal, shall be final and conclusive. No application for an Adult Business License shall be accepted or processed for any person, corporation, partnership, or member thereof, or any other entity for which an Adult Business License has been revoked within the preceding three (3) year period. 5.09.038 Regulations Nonexclusive. The regulations set forth in this Chapter are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of Adult Businesses as adopted by the City Council of the City of Temecula. 5.09.040 Violations/Penalties. Any firm, corporation or person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this Chapter shall be guilty of a misdemeanor, and any conviction thereof shall be punishable P:\NAASEHS\293PA97.CC 8/28/97 sn 29 by a fine of not more than one thousand dollars ($11000.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment. Any violation of the provisions of this Chapter shall constitute a separate offense for each and every day during which such violation is committed or continued. 5.09.042 Public Nui.~ance. In addition to the penalties set forth at Section 5.09.042 above, any Adult Business which is operating in violation of this chapter or any provision thereof is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation." SECTION 3. If any section, subsection, sentence, clause or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Temecula hereby declares that it would have passed and adopted this Ordinance, and each and all provisions thereof, irrespective of the fact that any one or more of said provisions may be declared to be invalid. SECTION 4. This Ordinance being an Urgency Ordinance shall be effective as of October 16, 1997 and shall continue in effect until October 15, 1998 pursuant to the provisions of California Government Code Section 65858. Ordinance No. 96-20 shall terminate and be of no further force and effect as of October 16, 1997. SECTION 5. The City Clerk shall'certify to the passage of this ordinance as an urgency ordinance and shall cause the same to be published as required by law. P:\NAASEHS\293PA97.CC 8/28/97 sn 3 0 PASSED, APPROVED, AND ADOPTED this __ day of ,1997. ATTEST: Patricia H. Birdsall, Mayor June S. Greek, CMC, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SS I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 97- , was duly adopted and passed as an urgency measure at a regular meeting of the City Council on , 1997, by the following vote, to wit: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: APPROVED AS TO FORM: Peter M. Thorson City Attorney June S. Greek, CMC, City Clerk P: \NAASEHS\293PA97.CC 8/28/97 sn 3 1 ITEM 11 APPROVAL CITY ATTORNEY DIRECTOR OF FINA CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council Ronald E. Bradley, City Manager September 9, 1997 City of Temecula Nighttime Curfew for Minors Ordinance PREPARED BY: RECOMMENDATION: entitled: Allie Kuhns, Senior Management Analyst,~/ That the City Council read by title only and introduce an ordinance ORDINANCE NO. 97- AN ORDINANCE OF THE CITY OF TEMECULA RELATING TO CURFEWS FOR MINORS AND AMENDING THE TEMECULA MUNICIPAL CODE BACKGROUND: On June 10, 1997, the Ninth Circuit Court of Appeals struck down the City of San Diego's juvenile curfew ordinance (Nunez v. City of San Diego, 97 D.A.R. 7221 ). The Nunez litigation arose when a group of minors and their parents challenged the validity of the juvenile curfew ordinance enacted by the City of San Diego in 1947. Specifically, the court identified four constitutional deficiencies of the ordinance: The vagueness of the phrase "loiter, wander, idle, stroll or play" in referring to what children are prohibited from doing between the hours of 10:00 p.m. and daylight the following day; The lack of sufficient exceptions for legitimate activity, with or without parental permission; The lack of exceptions for First Amendment activities in that the San Diego ordinance failed to create even a minimal First Amendment exception to allow minors to express themselves during curfew hours without the supervision of a parent of guardian; and .. The interference with parents' ability to allow their children to engage in unsupervised nocturnal activity, Ruling in favor of the plaintiffs, the court held that, when read as a whole, the plain language of the ordinance was unconstitutionally vague. Although the San Diego ordinance was ruled as unconstitutional, the Ninth Circuit Court left open the possibility that a properly drawn curfew ordinance would be valid. And, athough the Temecula curfew ordinance is very close to the type of ordinance the Court would like to see, it still uses the terms "loitering or idle" which, among other issues, was of concern to the Court. The City Attorney has prepared an ordinance (see attached) which will reduce the risk to the City of Temecula of challenge based on constitutional grounds. The Chief of Police has reviewed the proposed ordinance and concurs with its provisions. FISCAL IMPACT: None. Attachment: Ordinance No. 97- ORDINANCE 97- AN ORDINANCE OF THE CITY OF TEMECULA RELATING TO CURFEWS FOR MINORS AND AMENDING THE TEMECULA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOW: Section 1. The City Council finds: A. The Temecula Municipal Code currently establishes a curfew for minors between the hours of eleven p.m. and five a.m. B. In Nunez v. City of San Diego, 97 D.A.R. 7221 (June 10, 1997), the Ninth Circuit considered an ordinance adopted by the City of San Diego which prohibited minors from loitering between I0 p.m. and sunrise. The court found the ordinance unconstitutional because it did not contain exceptions to allow minors to engage in constitutionally protected activities. C. The City's curfew is distinguishable from the curfew considered by the Nunez court because it does not restrict constitutionally protected activities in the same way. D. The ongoing application of the curfew is necessary to promote compelling governmental interests because it reduces juvenile crime and juvenile victimization. Minors are particularly vulnerable to violence due to their lack of maturity and experience and their limited ability to make critical decisions in an informed and mature manner. E. The City Council desires to clarify that the curfew does not restrict constitutionally protected activities. Section 2. Chapter 9.12 of the Temecula Municipal Code is hereby amended to read as follows: "CHAPTER 9.12. CURFEWS FOR MINORS: Every minor who is present in or upon any public or private street, road, drive, alley, or trail; any public or community park or recreation area; any public ground, place, or building; or any vacant lot or abandoned or vacant building between the hours of 10:00 p.m. and the time of sunrise of the following day is guilty of an infraction unless the minor meets one of the exceptions set forth in subsection C. of this Section. Parental Responsibility: Every custodial person who allows or permits a minor in his or her custody to violate any provision of this Section is guilty of an infraction. C. This section shall not apply if the minor is: 970626 110864X)001 emf 1550153.tern 1. Accompanied by a custodial parent or by the minor's spouse over eighteen (18) years of age; 2. On an errand directed by, and in possession of a written excuse from, a custodial person or spouse over eighteen (18) years of age; 3. Engaged in or going directly to or returning directly from a school-approved activity or one that is supervised by a school personnel, a medical appointment, a religious activity, other lawful educational or recreational activity supervised by adults and sponsored by the school, the city, a civic organization, or a similar entity that takes responsibility for the child; 4. Engaged in a lawful employment activity or in a place in connection with or as required by a business, trade, profession, or occupation in which the minor is lawfully engaged, or going directly to or returning directly from such activity; 5. Engaged in or going directly to or returning directly from any other lawful activity with written permission from a custodial person or spouse over the age of eighteen (18) years of age; 6. Involved in an emergency or seeking medical assistance; 7. Exercising First Amendment rights protected by the United States Constitution or the California Constitution, including but not limited to: free exercise of religion, freedom of speech and freedom of assembly; 8. In the right-of-way abutting the minor's residence; 9. In a motor vehicle involved in interstate travel; 10. Emancipated pursuant to State law and California Family Code Section 7000, et seq, including but not limited to the following reasons: married or in the military service; 11. Homeless. Community Service or Parenting Classes for First Offense: On a first offense, the Court may order community service or parenting classes instead of a fine, as may be appropriate. Definitions: 1. The word "emergency" as used in this Section means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, or automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life. 970626 11086-00001 emf 1550153.tern 2 2. The word "minor" as used in this Section means person under the age of eighteen (18) years. 3. The word "custodial person" as used in this Section means any parent or legal guardi- an of the minor, or any person eighteen (18) years of age or older who is authorized by such parent or legal guardian with the care and custody of the child. Fo Enforcement Procedures: A police officer shall ask the age of an apparent offender and the reason for being on the premises or property. The officer shall not issue a citation or make an arrest unless the officer reasonably believes that an offense has occurred and that none of the exceptions set forth in Subsection C. apply. Go Power of Law Enforcement Officers: Nothing in this Section shall be construed as limiting in any way the power or right of law enforcement officers to make investigations, detentions or arrests as would have been permitted had this Section not been enacted. Section 3. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. PASSED, APPROVED and ADOPTED this ~ day of ,1997. Mayor ATTEST: City Clerk 970626 11086-00001 emf 1550153.~m - 3 -