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HomeMy WebLinkAbout111296 CC Agenda In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (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 11] AGENDA TEMECULA CITY COUNCIL REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE, TEMECULA NOVEMBER 12,1996 - 7:00 PM 5:30 PM - Closed Session of the City Council pursuant to Government Code Sections: 1 -  54956.8(a), Conference with Legal Counsel - Existing Litigation City of Temecula vs. K.R. Palm Plaza. 2.54956.9(b), Conference with Legal Counsel - Anticipated Litigation, one matter. At approximately 9:45 PM, the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 1 0:00 PM and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 1 0:00 PM. Next in Order: Ordinance:No. 96-1 9 Resolution:No. 96-128 CALL TO ORDER:Mayor Karel Lindemans presiding Prelude Music:Katie Jones Invocation:Pastor John Wells, Mt. View Community Church of Temecula Flag Salute:Councilmember Stone ROLL CALL:Birdsall, Ford, Roberts, Stone, Lindemans PRESENTATIONS/National Family Week - Presentation to the City by The Church of Jesus Christ of Latter-day Saints PROCLAMATIONSAward of Valor and Boy Scout Medal of Honor to Jeremy Jensen (Presented by Don Jenkins, District Commissioner - 699-1 779) Award to City of Temecula - Temecula Community Partnership R:\Agenda\l 1 1296 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 (1 0) 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. 1Standard Ordinance Adol2tion Procedure RECOMMENDATION: 1.1Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2M-inutes RECOMMENDATION: 2.1Approve the minutes of October 8, 1 996. 2.2 Approve the minutes of October 22, 1996. R:\Agenda\l II 296 2 3Resolution Approvina List of Demanda RECOMMENDATION: 3.1Adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4City Treasurer's Rel2ort RECOMMENDATION: 4.1Receive and file the City Treasurer's Report as of September 30, 1 996. 5Contract for Professional Services with C.M. Gilliss, Consultant RECOMMENDATION: 5.1Approve and authorize the Mayor to execute the Professional Services Agreement with C.M. "Max" Gilliss to act as liaison between the City and governmental agencies and special interest groups for a monthly fee of $1,000. 6Revision to the Schedule of Authorized Positions RECOMMENDATION: 6.1Adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS 7First Amendment to Aareement for Law Enforcement Between the County of Riverside and the City of Temecula RECOMMENDATION: 7.1Approve the First Amendment to the Agreement of Law Enforcement Services between County of Riverside and the City of Temecula and authorize the Mayor to execute the agreement. R:\Agenda\l 1 1296 3 8Withdrawal from the Riverside City and County Public Library System RECOMMENDATION: 8.1Adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RELATING TO THE PROVISION OF LIBRARY SERVICES BY THE RIVERSIDE COUNTY FREE LIBRARY SYSTEM 9Accept Subdivision Monumentation in Tract No. 23267-F (Located Southwesterly of Margarita Road at Highway 79(S)) RECOMMENDATION: 9.1Accept the Subdivision Monumentation in Tract No. 23267-F; 9.2Authorize release of the Subdivision Monument Bond; 9.3Direct the City Clerk to so notify the Developer and Surety. 10Release Traffic Sionalization Mitioation Bond in Tract No. 23125-2 (Located Northeasterly of intersection of Butterfield Stage road at De Portola Road) RECOMMENDATION: 10.1Authorize the release of traffic signalization mitigation bond in Tract No. 231 25-2; 10.2Direct the City Clerk to so advise the Developer and Surety. I IRenewal of Annual Riciht-Of-Way Weed Control Pre-Emergent and Post Emergent Application, Project No. PW95-24 RECOMMENDATION: 11.1Extend the Right-Of-WaV (R-O-W) weed control contract with Pestmaster Services of Temecula for a period of one (1) year beginning November 14, 1 995 and ending November 14, 1 997 in an amount not to exceed $28,331.02. 1 2Renewal of Annual Street Stripina Contract Pro*ect No. PW94-17 RECOMMENDATION: 12.1Extend the Street Striping Contract with ASAP Services, Inc. of San Bernardino for a period of one (1) year beginning November 1 5, 1 996 and ending November 1 5, 1997, in an amount not to exceed $97,000. R:@Agenda\l 1 1296 4 1 3Completion and Accel2tance of the Traffic Sianal at Maroarita Road and Rustic Glen Drive, Proiect No. PW96-03 RECOMMENDATION: 1 3.1Accept the Traffic Signal at Margarita Road and Rustic Glen Drive, Project No. PW96- 03, as complete; 13.2Direct the City Clerk to file the Notice of Completion, release the Performance bond, and accept a one (1) year Maintenance Bond in the amount of 1 0% of the contract; 13.3Direct the City Clerk to release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. 14Authorize Temporary Partial Street Closure for Semi-Annual Kiwanis Arts and Crafts Fairs (Westerly side of Ynez Road Northerly of County Center Drive) RECOMMENDATION: 14.1Adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING PARTIAL STREET CLOSURE FOR KIWANIS CLUB OF TEMECULA VALLEY SEMI-ANNUAL ARTS AND CRAFTS FAIRS AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMITS FOR THESE SPECIFIC SPECIAL EVENTS 1 5Parcel Map No. 24085-1 Located Northwesterly of the Intersection of Diaz Road and Zevo Drive (Avenida de Ventas) RECOMMENDATION: 1 5.1 Approve Final Parcel Map 24085-1, subject to the Conditions of Approval. 1 6Professional Services Aareement - City of Temecula and Riverside County Flood Control and Water Conservation District Mowina of Murrieta Creek RECOMMENDATION: 16.1Approve the Professional Services Agreement between the City of Temecula and the Riverside County Flood Control and Water Conservation District for mowing of the privately owned portions of Murrieta Creek within the City of Temecula. 16.2Appropriate $9,000.00 plus a 10% contingency of $900.00 for a total of $9,900.00 from unappropriated General Fund balance. R:\Agenda\l 1 1 296 5 1 7 Median/Traffic Island on Cosmic Drive at Rancho California Road RECOMMENDATION: 17.1No longer consider the installation of a median/traffic island at Cosmic Drive and Rancho California Road and direct staff to terminate any additional work. 18Murrieta Creek - Del2artment of Fish and Game-Permit for Mowing RECOMMENDATION: 18.1Accept the conditions of the Department of Fish and Game, approve the permit, and authorize the City Engineer to sign the permit for the mowing of Murrieta Creek. RECESS CITY COUNCIL MEETING FOR TEMECULA COMMUNITY SERVICES DISTRICT MEETING. TEMECULA REDEVELOPMENT AGENCY MEETING, OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY MEETING R:\Agenda\l 1 1296 6 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance:No. CSD 96-01 Resolution:No. CSD 96-10 CALL TO ORDER: President Ron Roberts ROLL CALL: DIRECTORS: Birdsall, Ford, Lindemans, Stone, Roberts PUBLIC COMMENT: A total of 1 5 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" form must be filed with the City Clerk before the Board of Directors gets to that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors, should present a completed pink "Request to Speak" to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of October 22, 1996. DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson GENERAL MANAGERS REPORT - Bradley BOARD OF DIRECTORS REPORTS ADJOURNMENT: To a meeting to be held on November 1 9, 1 996 or on November 26, 1 996, at the City Council Chambers, City Hall, 43200 Business Park Drive, Temecula, California R:\Agenda\ 1 1 1 296 7 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance:No. RDA 96-01 Resolution:No. RDA 96-20 CALL TO ORDER: Chairperson Patricia H. Birdsall presiding ROLL CALL: AGENCY MEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall PUBLIC COMMENT: A total of 1 5 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 a re 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. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1Approve the minutes of October 22, 1996. 2Award a Professional Services Agreement to Enaineerina Resources to Perform the Old Town Utility Under grounding Feasibility Study RECOMMENDATION: 2.1Award a Professional Services Contract in the amount of $50,052 to Engineering Resources to Perform the Old Town Utility Underground Feasibility Study. 2.2Authorize Chairperson and City Clerk to execute agreement. 2.3Authorize the transfer of $30,052 from the RDA Fund Balance to Account No. 280- 199-999-5248. R:NAgenda\l 1 1 296 8 3Adoption of a Resolution Related to the Issuance of Bonds for the Purl2ose of Financina Multifamily Residential Pro'ects RECOMMENDATION: 3.1Adopt a resolution entitled: RESOLUTION NO. RDA 96- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA RELATING TO THE ISSUANCE OF BONDS FOR THE PURPOSE OF FINANCING THE ACQUISITION OF TWO MULTIFAMILY RESIDENTIAL RENTAL PROJECTS AND RELATED FACILITIES 41-1 5/Rancho California Road Interchange Improvements Gas Comi2any Work Authorization Agreement with Southern California Gas Coml2any for the Relocation of a 6" Hiah Pressure Gas Main - Prowect No. PW95-1 2 RECOMMENDATION: 4.1Approve the Interagency Agreement and authorize the Chairperson to execute the documents. 4.2Authorize payment to the Southern California Gas Company for construction fees in the amount of $23,234. EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBER'S REPORTS ADJOURNMENT To a meeting to be held on November 1 9, 1 996 or on November 26, 1996, at the City Council Chambers, City Hall, 43200 Business Park Drive, Temecula, California R:\Agenda\l 1 1 296 9 OLD TOWN WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY Next in Order: Resolution No.: No. FA 96-1 2 CALL TO ORDER: President Patricia H. Birdsall ROLL CALL: Ford, Lindemans, Roberts, Stone, Birdsall PUBLIC COMMENTS A total of 1 5 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council about an item 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 and address. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of October 22, 1996. ADJOURNMENT To a meeting to be held on November 19, 1 996 or on November 26, 1 996, at the City Council Chambers, City Hall, 43200 Business Park Drive, Temecula, California R:@Agenda\ I 1 1 296 1 0 RECONVENE TEMECULA CITY COUNCIL 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. 1 9Plannina A1212lication No, PA96-0130 (Develoi2ment Aareement) (Continued from the meeting of 10/8/96) RECOMMENDATION: 19.1Adopt the Negative Declaration for Planning Application No. PA 96-01 30 19.2Read by title only and introduce an ordinance entitled: ORDINANCE NO. 96- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA APPROVING AN AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT NO. 3 BETWEEN THE CITY OF TEMECULA AND VAN DAELE DEVELOPMENT CORPORATIONIWRI ASSOCIATES, INC. FOR FINAL TRACT MAPS NO. 22761 AND 22762, WITHIN SPECIFIC PLAN NO. 180 (PLANNING APPLICATION NO. PA 96-0130) 20Final Draft Riverside County wide Intearated Waste Management Plan (CIWMP) RECOMMENDATION: 20.1Adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FINAL DRAFT COUNTY WIDE INTEGRATED WASTE MANAGEMENT PLAN, INCLUDING THE COUNTY WIDE SUMMARY PLAN AND COUNTY WIDE SITING ELEMENT R:\Agenda\l 1 1296 1 1 21Development Code Amendment No. 1 RECOMMENDATION: 21.1Read by title only and introduce an ordinance entitled: ORDINANCE NO. 96-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO MAKE TYPOGRAPHIC AND OTHER MINOR CHANGES TO THE DEVELOPMENT CODE 22Extension of Moratorium on Certain Adult Businesses and Extension of interim Adult Business Reaulations RECOMMENDATIONS: 22.1Conduct 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. 22.2Following the public hearing, if the Council wishes to extend the moratorium on certain adult businesses and extend interim adult business regulations, adopt an Urgency Ordinance (4/5 vote required) entitled: ORDINANCE NO. 96- 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 COUNCIL BUSINESS 23Resolution Chanaing Desianated Location for City Council Meetinas RECOMMENDATION: 23.1Adopt a resolution entitled: RESOLUTION NO. 96-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CHANGING THE DESIGNATED LOCATION FOR CITY COUNCIL MEETINGS R:\Agenda\l I 1 296 1 2 24Public/Traffic Safety Commission Appointments RECOMMENDATION: 24.1Appoint two members to serve a full three-year term on the Public/Traffic Safety Commission. 25Community Services Commission A1212ointment RECOMMENDATION: 25.1Appoint a member to serve a full three-year term on the Community Services Commission. CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular meeting: To be held on November 19, 1996, or on November 26, 1 996, 7:00 PM, Temecula City Hall, City Council Chambers, 43200 Business Park Drive, Temecula, California. R:\Agenda\l 1 1296 1 3 ITEI\4 1 APPROVAL CITY ATTORNEY DIR. OF FINANCE CITY @AGER CITY OF TEMECULA AGENDA REPORT TO:City Manager/City Council FROM:Ron Bradley, City Manager DATE:November 12, 1 996 SUBJECT:Review of the Proposed Temecula Library Service Alternatives PREPARED BY: Allie Kuhns, Senior Management Analyst RECOMMENDATION: That the City Council review and discuss the proposed Temecula Library service alternatives as presented by David M. Griffith & Associates. DISCUSSION: In September 1 995, the cities of Temecula and Murrieta set up the Temecula-Murrieta Library Committee to explore all resources available to fund the Temecula Library at a service level of 48 hours per week. Library options which have been discussed include formation of a library district; formation of a community services district; establishing the library as a municipal library; and augmenting the 32 hours per week basic service level provided by the County by contracting additional services. In order to address and analyze all options available, David M. Griffith & Associates (DMG) has been tasked with conducting a comprehensive Library Study which will provide prioritized recommendations based on feasibility. Other agencies included in this Study are Riverside County unincorporated areas, the Riverside City and County Public Library (RCCPL), and the cities of Lake Elsinore and Murrieta. The intent of analyzing all options open to the Temecula Library is to determine the most efficient, effective means of providing the maximum level of library service to the community. Presently, the Temecula Library is part of the Riverside County Free Library System. However, recent activity implies that sources currently funding the County System may be in jeopardy in the future, resulting in a reduction of overall County funding and, ultimately, a reduction in the service level provided by the Temecula Library. Although these changes may affect the final recommendations provided in the Study, they should not affect the processes involved to collect the data. The goal of this workshop is to collect ideas and information from the Temecula City Council, so that this information can be compiled with that collected from other agencies and entities affected by the Temecula Library's service alternatives, and can be incorporated into the final Study recommendations. FISCAL IMPACT: None. Attachment - DMG Package DMG October 21, 1996 TO:Council Members City of Temecula FROM:John Heiss David M. Griffith & Associates SUBJECT:City Council Workshop on Library Services In preparation for the November 12 workshop with the David M. Griffith & Associates' project team on the Library Study, we have provided a series of questions which you, as a Council Member, may want to consider before the meeting. Please feel free to add or delete issues as you feel appropriate. We plan to raise these issues, and other surfaced by Council Members during the meeting. 1.A library can be viewed a variety of ways as a community resource. As a Council member, what is your view of the role a library should play in your community? *Educational and cultural resource for all community residents? 0Structure which can be a visual"statement" of the community. *Closely integrated with other City services such as recreation and other human services? 0Other? 2.A major issue in the current study involves library service expectations of Temecula and the other participating jurisdictions, including policy makers' views about the quality and responsiveness of current library services. From your perspective: What is working well about the way the County Library is providing services? What is not working? Regardless of how library services are managed, financed, and governed, what are the major areas of improvement you would like to see related to library services in Temecula? Potential areas include: (1) Larger facility? (2) More service hours? (3) Larger collection? (4) More diverse collection? (5) ........... ..... ...................... I .......... ........................ .................. ........... Pa .... ............... 9 DMG 3.In your view, what are the most significant three to five problems/ improvement needs which must be addressed in regard to the delivery of library services in Temecula? Some candidate problems are listed below to trigger your thinking? * Inadequate funding. *System is not responsive to library users in our community. *Current system is inefficient and wastes available resources. No direct relationships between services provided at the local community level and revenues generated by each area -- the "equity" issue. System is not responsive to policy makers in member communities. Other? 4.What is your opinion about the best way to deliver library services in the future for your community? Options which you may wish to consider are: 0 City library directly controlled by 0 Regional library in partnership the City of Temecula. with Murrieta and Lake Elsinore. 0 Maintain membership in the 0 Maintain membership in the County-wide system. This County-wide system, but increase includes commitments the County local control. would need to make to maintain your support of this approach. o Other? 5.If part of the solution to current library problems involves additional funding, under what conditions would you be most likely to support additional funding? 0 Withdraw from the County system 0 Withdraw from the County system and establish a City library, and establish a regional library. 0 Maintain a County-wide system as 0 Other? currently organized. This includes what commitments you would want ,from the County in return for supporting additional funding. P D. rates DMG 6.What other suggestions, ideas, or issues do you want to bring to the attention of the consulting team which will be studying the library issue over the next several months? We look forward to meeting with you and obtaining your input. ag PROCLAMATIONS/ PRESENTATIONS I C'Ify of Temecula AWARD OF VALOR The City Council of the City of Temecula takes great pride in recognizing the heroic action of who displaced exceptional presence of mind during a severe episode of choking experienced hy his grandmother Deloris Bellas. Jeremy reacted quicldy Co apply the Hejimhch maneuver and was able to dislodge the obstruction which was threatening to suffocate @s. Bellas. Without his prompt and courageous action, this incident could have resulted in a tragic loss of life. IN WITNESS V;HEREOF, I have hereunto died my hand and official seal this 12th day of Novcmher, 1996 Karel F. Lindemans, Mayor June S. Greek, City Clerk CD ....... .. .. rD fD 11 IT'EI\4. 1 I ITE:N4 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD OCTOBER 8, 1996 EXECUTIVE SESSION A meeting of the City of Temecula City Council was called to order at 6:07 PM. It was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Ford to adjourn to Executive Session at 6:07 PM, pursuant to Government Code Sections: 1.54956.9(a), Claim of Nicholas Baddon (minor). 2.54956.8, Conference with Real Property Negotiator; location: West side of Front Street, west of Interstate 15, Temecula (APN 922-110-005); negotiating parties: City of Temecula and Margarita Canyon LLC; Under Negotiation: negotiation of price and terms of acquisition of temporary construction and slope easements adjacent to the properties. The motion was unanimously carried. A regular meeting of the Temecula City Council was called to order at 7:02 PM at the Community Recreation Center, 30875 Rancho Vista Street, Temecula, California. Mayor Lindemans presiding. PRESENT 4 COUNCILMEMBERS: Birdsall, Ford, Stone, Lindemans ABSENT: 1 COUNCILMEMBERS: Roberts Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City Clerk June S. Greek. PRELUDE MUSIC The prelude music was provided by Kurt Jordan. INVOCA@ Reverend David French, Temecula United Methodist Church. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Councilmember Ford. Councilmember Roberts joined the meeting at 7: 1 0 PM. Minutes\10\08\96 -1- 11/05/96 City Counc@l M*nutes October 8. 1996 PRESENTATIONS/PROCLAMATIONS Mayor Lindemans proclaimed October 7 through 11, 1996 to be "California Rideshare Week." Mayor Lindemans proclaimed the week of October 13th, 1996 to be "Domestic Violence Awareness Week." Carol Niles, representing Alternatives to Domestic Violence Mayor Lindemans proclaimed the week of October 23-31, 1996 as 'Red Ribbon Week". Paul Colaluca, Coordinator of Temecula Community Partnership, thanked the City Council for the proclamation. He distributed flyers on "Make a Difference Day", and outlined the activities planned. He also presented the City Council with a copy of the recently up-dated Community Resource Directory. CITY ATTORNEY REPORT City Attorney Thorson stated that in accordance with the Brown Act, there was nothing to report from Closed Session. PUBLIC COMMENTS Wayne Hall, 42131 Agena, addressed the City Council regarding the need for a more restrictive Adult Business Ordinance. Pat Keller, P.O. Box 521, asked that the Murrieta Creek be cleaned out prior to the rainy season. Minutes\10\08\96 -2- 11/05/96 City Councol M*nutes October S. 1996 William Kouvelis, 30675 Pauba Road, requested that the City Council consider using his services for traffic control at congested areas in the City. Francisco Ramirez and Jose Cardena, representing the Student Council at Rancho Vista High School, invited the City Council to attend a 5K "Drug Free" Run/Walk, to be held Saturday, October 19, 1996, with registration at 8:00 AM and the Run/Walk beginning at 9:00 AM. They explained that the cost is $10 for Adults and $5 for participants 18 and under. CITY COUNCIL REPORTS Councilmember Stone stated he had received complaints regarding the recommendations of the ad-hoc committee regarding Community Services Funding. He stated it was allegated that his son played in-line hockey and for that reason he recommended funding. Councilmember Stone said that his son does not play in-line hockey and has never participated in that particular sport. Councilmember Roberts announced he and Councilmember Washington from the City of Murrieta will co-host a reception to benefit Alternatives of Domestic Violence. He said this will be held Friday, October 11, 1996, from 5:30-7:30 PM at the Temecula Crest Winery, and tickets will be available at the door for $25.00. Councilmember Ford reported he and Councilmember Stone sit on the Murrieta Creek Advisory Committee and outlined on the progress made to date. He explained the most urgent task is Minutes\10\08\96 -3- 11/05/96 Coty Councwl Minutes October 8. 1996 to get the channel cleaned out. He stated that to complete the clean-up, a permit is needed from the Department of Fish and Game. He also announced the Sign Committee has completed the Draft Document, and the new sign ordinance will now go through the evaluation process. Councilm@mber Stone reported that not only is the Murrieta Creek Advisory Committee exploring methods to obtain a permit to build a permanent rentention structure for flood control, it ' also considering how this improvement will be funded. He asked that the City Council ad pt a resolution asking this be placed as a top priority, and forwarding the resolution to the Riverside County Board of Supervisors. Mayor Li@demans stated the quarterly Mayor's letter is finished and will be released shortly. He stated the Tri-City Trolley will be instituted on December 6, 1996, and will be operating every Sat rday. CONSENT CALENDAR Mayor Linoemans announced that Consent Calendar Item No. 4 would be moved to the RDA Consent Calendar. It was moved by Councilmember Stone, seconded by Councilmember Roberts to approve Consent alendar Items 1-3. Minutes\10\0@\96 -4- 11/05/96 C*tv Council Minutes October S. 1996 The motion carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Ford, Stone, Roberts, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 1 Standard Ordinance Adoption Procedure - 1.1Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2.Resolution Api2royong Lost of Demands 3.1 Adopt a resolution entitled: Minutes\10\08\96 -5- 11/05/96 Cmtv Councol Minutes October 8. 1996 RESOLUTION NO. 96-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 3. City Treasurer's Report as of Auaust 31, 1996 RECOMMENDATION: 3.1 Receive and file the City Treasurer's Report as of August 31, 1996. RECESS Mayor Lindemans called a recess at 7:48 PM. The meeting was reconvened following the scheduled Community Services District Meeting, Redevelopment Agency Meeting and the Old Town\Westside Financing Authority Meeting, at 8:35 PM. PUBLIC HEARINGS Minutes\l 0\08\96 -6- 11/05/96 Cmtv Counemi Minutes October 8. 1996 5.Plannina Applicatmon No. PA96-0130 Amendment and Restatement of Development Agreement No. 3 for Planning Areas No. 8. 9 and 12 (Final Tract Maps 22761 and 22762) with Specific Plan No. 180 Community Development Director Gary Thornhill presented the staff report. Councilmember Ford questioned this item since the homes are almost completely built. Mayor Lindemans opened the public hearing at 8:38 PMm Bryce Kittle, representing Van Daele Development, stated the Company is looking for a credit back, based on staff recommendation. Mayor Lindemans closed the public hearing at 8:45 PM. Community Development Director Thornhill stated this reimbursement agreement was not intended to rebate any fees and suggested that this public hearing be continued to allow staff and the Van Daele Company to further discuss this matter. Mayor Lindemans reopened the public hearing at 8:55 PM. It was moved by Councilmember Stone, seconded by Councilmember Roberts to continue the public hearing for four weeks. The motion was unanimously carried. Minutes\10\08\96 -7- 11/05/96 C*tv Council Minutes October 8. 1996 COUNCIL BUSINESS 6.Consideration of a Program to Reduce the Sale of Alcoholic Beverages to Mino Temecula (Placed on the agenda by Councilmembers Stone and Roberts.) Councilmembers Stone and Roberts presented the staff report, explaining the ERACIT (Enforce Responsible Alcohol Consumption in Temecula) program. Police Chief Pete Labahn stated that the recommendations of this program are consistent with the civil penalties which are routinely imposed by ABC in this area. Mayor Lindemans stated he feels adults should be responsible for their own alcohol consumption, not restaurant owners, who may have difficulty decided when someone has consumed too much alcohol. Councilmember Stone stated that ABC does provide training to restaurant owners who serve alcohol. RECESS Minutes\10\08\96 -8- 11/05/96 Coty Council Monutes October 8. 1996 Mayor Lindemans called a brief recess at 9:14 PM to change the tape. The meeting was reconvened at 9:15 PM. It was moved by Councilmember Stone, seconded by Councilmember Ford to adopt the ERACIT (Enforce Responsible Alcohol Consumption in Temecula) program to become effective as of November 1, 1996. The motion was unanimously carried. Councilmember Stone stated this program will begin November 1, 1996 and asked that letters be sent outlined this program to any business in Temecula selling alcohol, both on-site or off-site. 7. Future Middle School Sites Community Development Director Gary Thornhill presented the staff report, stating that staff's preferred site is the Campos Verdes site. Dave Gallagher, representing Temecula Unified School District, made a presentation outlining pros and cons of each site. Minutes\10\08\96 -9- 11/05/96 City Councol M*nutes October 8. 1996 Michael Perry, 1250 Prospect, La Jolla, addressed the City Council regarding the Wall Street property, and the advantages of this site. Phil Oberhansley, 27555 Ynez Road, No. 203, spoke on behalf the other owner, Leo Roripaugh. He explained this 10 acre piece which is a part of AD 161, has been foreclosed and the property is currently in limbo. He stated that purchase by the School District would provide a means for resolving this issue. Mayor Lindemans and Mayor Pro Tem Birdsall indicated their preference of the Nicolas Road Site. Councilmembers Ford, Roberts and Stone indicated their preference for the Campos Verdes Site. CITY MANAGER'S REPORT None given. CITY ATTORNEY'S REPORT None given. ADJOURNMENT Minutes\10\08\96 -10- 11/05/96 Cuty Counoml Minutes October S. 1996 It was moved by Councilmember Roberts, seconded by Councilmember Ford to adjourn at 10:08 PM to a meeting on October 22, 1996, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. The motion was unanimously carried. Karel F. Lindemans, Mayor ATTEST: June S. Greek, CMC, City Clerk Minutes\10\08\96 -1 I- 11/05/96 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD OCTOBER 22, 1996 EXECUTIVE SESSIObi A meeting of the City of Temecula City Council was called to order at 5:37 PM. It was moved by Councilmember Ford, seconded by Councilmember Stone to adjourn to Executive Session at 5:37 PM, pursuant to Government Code Sections: 1.54956.9(b), Conference with Legal Counsel - Anticipated Litigation, one matter. 2.54956.8, Conference with Real Property Negotiator; location: West side of Front Street, west of Interstate 15, Temecula (APN 922-110-005); negotiating parties: City of Temecula and Margarita Canyon LLC; Under Negotiation: negotiation of price and terms of acquisition of temporary construction and slope easements adjacent to the properties. 3. 54956.9(a), Conference with Legal Counsel - Existing Litigation, Zonos v. City of Temecula, The motion was unanimously carried. A regular meeting of the Temecula City Council was called to order at 7:02 PM at the Community Recreation Center, 30875 Rancho Vista Street, Temecula, California. Mayor Pro Tem Birdsall presiding. PRESENT 4 COUNCILMEMBERS: Birdsall, Ford, Roberts, Stone ABSENT: 1 COUNCILMEMBERS: Lindemans Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City Clerk June S. Greek. PRELUDE MUSIC The prelude and intermission music was provided by Kimberly Thompson. INVOCA@ The invocation was given by Minister Doug Cole, Church of Christ. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Councilmember Roberts. Minutes\10\22\96 -1- 11/05/96 C*tv Councol Monutes October 22, 1996 CITY ATTORNEY REPORT City Attorney Thorson reported, with regard to Closed Session Item No. 2, the City Council established the fair market value under Eminent Domain Law, and offers will be placed within the next couple of weeks. He stated that in accordance with the Brown Act, there was nothing further to report from Closed Session. PUBLIC COMMENTS Arthur Pelka, 43185 Margarita Road, thanked the City Council for their action on August 27, 1996, denying the alcohol permit to the ARCO Station located in close proximity to the new high school. He further thanked Councilmember Roberts for arranging the meeting between the owners and surrounding citizens regarding the Pauba and Margarita mall property. He reported unfortunately, nothing has been settled at this point and asked that this matter be permanently resolved. Doug Woelke, 27513 Jimson Circle, requested that the City Council consider making a contribution to organizations that assist with recovery efforts, such as the Red Cross, for those areas recently devastated by fire. CITY COUNCIL REPORTS Minutes\10\22\96 -2- 11/05/96 C4tv Council Minutes October 22, 1996 Councilmember Roberts thanked those who participated in the reception supporting Alternatives to Domestic Violence, and announced that through those efforts, full-time counseling services will be available in this area, as well as transitional housing. Councilmember Ford reported on the efforts of the Temecula/Murrieta Creek Joint Committee, and thanked all those who worked together to revitalize a $7.5 million FEMA grant which will go toward the construction of a Murrieta Creek Desilting Basin. He stated this is a good example of people working together. CONSENT CALENDAR Councilmember Ford requested the removal of Items 8 and 9 from the Consent Calendar. It was moved by Councilmember Stone, seconded by Councilmember Ford to approve Consent Calendar Items 1-7 and 10. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Ford, Stone, Roberts NOES: 0 COUNCILMEMBERS: None Minutes\10\22\96 -3- 11/05/96 Cuty Council Monutes October 22, 1996 ABSENT: 1 COUNCILMEMBERS: Lindemans 1 Standard Ordinance Adoption Procedure - 1.1Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2. Minutes 2.1 Approve the minutes of September 24, 1996. 3.Resolution Approyang List of Dema@ 3.1 Adopt a resolution entitled: RESOLUTION NO. 96-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Minutes\l 0\22\96 -4- 11/05/96 C4ty Counc*l Monutes October 22, 1996 4."No Parkong' Zone on the North Side of Rancho Vista Road West of Margarita Road, Across from the Community Recreation Center/Sports Park 4.1 Adopt a resolution entitled: RESOLUTION NO. 96-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A "NO PARKING" ZONE ON THE NORTH SIDE OF RANCHO VISTA ROAD WEST OF MARGARITA ROAD AS SHOWN ON EXHIBIT "A" 5.Modification to 1997-2001 Five Year Capotal Improvement Program Traffic Si" Installation 5.1Approve modifications to the 1997-2001 Five Year Capital Improvement Program to substitute signals at Winchester Road (SR 79N) at Margarita and Winchester Road (SR 79N) at Nicolas Road for signals at Rancho California Road at Via Las Colinas and Winchester Road at Enterprise Circle East. 5.2Transfer $137,760.00 in Signal Mitigation Funds from the Rancho California Road/Via Las Colinas and Winchester Road/Enterprise Circle East traffic signal Minutes\10\22\96 -5- 11105/96 City Counc*l M@nutes October 22, 1996 projects to the Winchester Road/Nicolas Road and Winchester Road/Margarita Road traffic signal projects. 6. Southern California Edison Company Contracts for Street Lighting Agreement 6.1Approve the contracts for street lighting services between the Southern California Edison Company and the City of Temecula; 6.2 Authorize the Mayor to execute documents. 7.Southern California Edison Comi2any Easement for Electrical Fac"litoes, Parkview Fire Station No. 84, Proiect No PW95-09 7.1 Approve Grant of Easement; 7.2 Authorize the Mayor to execute the document. 10. Records Destruct*on Approval Minutes\10\22\96 -6- 11/05/96 Coty Council Mffinutes October 22, 1996 10.1Approve scheduled destruction of certain records as provided under the City of Temecula approved Records Retention Policy. Councilmember Stone announced a conflict on interest on Items 8 and 9 and stepped down from the dias. Councilmember Ford stated that the Capital Improvement Program for this year is $26 million, and traffic has been a constant hurdle in Temecula. He explained that Items 8 and 9 are the result of many years work to assist with traffic problems. It was moved by Councilmember Ford, seconded by Councilmember Roberts to approve Items 8 and 9 as follows: 8.Solicitation of Construction Bids and Approval of the Plans and Specifications for the Rancho California Road at Interstate Route 15, Bridae Widenina and Northbound Ramps Improvements, (Project No. PW95-12 8.1Approve the construction plans and specifications and authorize the Department of Public Works to solicit public construction bids for Project No. PW95-12, Rancho California Road at Interstate Route 15, Interchange Improvements to include Bridge Widening and Northbound Ramp improvements subject to approval by Caltrans. Minutes\10\22\96 -7- 11/05/96 City Council Monutes October 22, 1996 9.1-15 Rancho Californoa Road Interchange Improvements, Constructoon Cool2erative Agreement with the State Department of Transportation Department 9.1 Adopt a resolution entitled: RESOLUTION NO. 96-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING COOPERATIVE AGREEMENT NO. 8-1002, BETWEEN THE STATE DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR CONSTRUCTION OF THE RANCHO CALIFORNIA ROAD INTERCHANGE IMPROVEMENTS The motion carried as follows: AYES: 3 COUNCILMEMBERS: Birdsall, Ford, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Lindemans ABSTAIN: 1 COUNCILMEMBERS: Stone Minutes\10\22\96 -S- 11/05/96 City Council Minutes October 22, 1996 RECESS Mayor Lindemans called a recess at 8:28 PM. The meeting was reconvened following the scheduled Community Services District Meeting, Redevelopment Agency Meeting and the Old Town\Westside Financing Authority Meeting, at 9:15 PM. COUNCIL BUSINESS 11.Resolutions Regarding Priority for Murrieta Creek Flood Control project and Construction of a Retention Basin at Cherry Street and Jefferson Avenue (Placed on the agenda at the request of Councilmembers Stone and Ford) Councilmember Ford presented the oral report, and requested the Congressman Sonny Bono be added to the title and text of the resolution. It was moved by Councilmember Stone, seconded by Councilmember Ford to approve staff recommendations 1 1. 1 and 1 1.2 as follows: 11.1 Adopt a resolution entitled: Minutes\l 0\22\96 -9- 11105/96 City Council Munutes October 22, 1996 RESOLUTION NO. 96-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REQUESTING THE URGENT SUPPORT OF CONGRESSMAN KEN CALVERT, CONGRESSMAN RON PACKARD, CONGRESSMAN SONNY BONO, THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, AND THE RIVERSIDE COUNTY BOARD OF SUPERVISORS TOWARDS IMPROVEMENT OF MURRIETA CREEK 11.2 Adopt a resolution entitled: RESOLUTION NO. 96-127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESIGNATING AGENTS TO ACT FOR AND IN BEHALF OF THE CITY OF TEMECULA, AND THE ELSINORE-MURRIETA-ANZA RESOURCE CONSERVATION DISTRICT FOR THE PURPOSE OF OBTAINING CERTAIN FEDERAL FINANCIAL ASSISTANCE UNDER THE ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT OF 1988, P.L. 93-288, AS AMENDED The motion was unanimously carried with Mayor Lindemans absent. Minutes\10\22\96 -10- 11/05/96 Coty Councml Minutes October 22, 1996 12, Revision of Adult Business Ordinance (Placed on the agenda at the request of Councilmember Stone) Councilmember Stone presented the staff report, explaining he asked staff to place this matter on the agenda because there appears to be areas in the current ordinance that needed to be revised. City Attorney Thorson emphasized the need to periodically review the adult business ordinance, explaining that a number of cases have illustrated the need for more precision. He stated the action recommended on this agenda is only for interim regulations, and the Planning Commission will not complete its necessary steps for a permanent ordinance in the 45 day period. He explained that the interim ordinance will need to be extended for the maximum allowable period of 10 months and 15 days. Lenny Pechner, 30000 Santiago Road, owner of Video Depot, spoke in opposition to staff recommendation, stating since Temecula does not have any Adult Businesses, he does not see the need for an urgency ordinance. He also objected to the City's right to examine a businesses' gross receipts, restriction on hours of operation, and the provisions requiring security guards. Councilmember Stone stated that the City Council's primary responsibility is to promote public safety, and this ordinance addresses that need. Minutes\10\22\96 -11- 11/05/96 City Counc@l Mwnutes October 22, 1996 James Field, Pastor of the First Baptist Church, 41651 Chablis Court, spoke in favor of staff recommendation. Adele Brooks, 31049 Riverton Lane, spoke in favor of staff recommendation. Earl Stronback, 31130-91 S. General Kearny Road, spoke in favor of staff recommendation. Robert Tyler, representing Child Development Center in Murrieta, 41877 Enterprise Circle North, No. 200, spoke in favor of staff recommendation. Cindi Falzon, 31094 Humbolt, spoke in support of staff recommendation. Wayne Hall, 42131 Agena, spoke in favor of staff recommendation. Councilmember Stone stated an additional Section 5.09.019 was distributed just prior to this meeting, and requested it be included in this urgency ordinance. He explained this amendment covers the addition of an adult business employee permit. It was moved by Councilmember Stone, seconded by Councilmember Ford to approve staff recommendation, with the addition of Section 5.09.019, as follows: 12.1Adopt an urgency ordinance (4/5 vote required) entitled: Minutes\10\22\96 -12- 11/05/96 C*tv Councol Mdnutes October 22, 1996 ORDINANCE NO. 96-18 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 12.2Instruct the staff and Planning Commission to conduct further studies and hearings on appropriate regulations for Adult Businesses and appropriate locations within the City for Adult Businesses. The motion was unanimously carried with Mayor Lindemans absent. 13. Fox Initiative - Proposition 218 Director of Community Services Shawn Nelson presented the staff report, reviewing the various levels of service that would be affected by this initiative and the fiscal impact it would have on the City. City Attorney Thorson reported on the main components of Proposition 218. Minutes\10\22\96 -13- 11/05/96 C*tv Council Monutes October 22, 1996 RECESS Mayor Pro Tem Birdsall called a recess at 9:14 PM to change the tape. The meeting was reconvened at 9:15 PM. Mayor Pro Tem Birdsall stated that if Proposition 218 does prevail, the City will have to go to ballot within a very short time frame. City Manager Bradley stated that this item has been scheduled for the November 26, 1996 City Council Meeting, and the timing requirement for the election will be addressed. Councilmember Stone stated Assemblyman Bruce Thompson has said if Proposition 218 is successful, monies could be found in Sacramento to assist with the shortfalls. Councilmember Stone asked Director Nelson what effect this Proposition would have on City services should it prevail and the City's election fail. Mr. Nelson reported that youth services and hours of operation for City facilities such as the Community Recreation Center and Senior Center, would be severely impacted. Councilmember Stone asked Chief Labahn what effect a 2/3rds reduction in youth services would have on the crime rate. Chief Labahn stated he does not have Minutes\10\22\96 -14- 11/05/96 Coty Counc*l Minutes October 22, 1996 information directly linking youth services with crime rates, however positive activities are a very important component of the community. Mayor Pro Tem Birdsall stated she has faith in the citizens of Temecula if this initiative is passed, she is sure they will support the existing Community Services Rates and Charges, which make it possible to provide the service level Temecula currently enjoys. The report was received and filed by Council consensus. 14. Discussion of Future Funding for the Temecula Library Councilmember Stone presented the report, stating the City of Murrieta has voted in favor of withdrawing for the County Library System. He explained that if Murrieta withdraws, the library would lose $300,000 of funding. Since the City of Temecula has funded the shortfall of the library for the past two years, it is unreasonable to pick up these addition costs. For this reason, Councilmember Stone, suggested the City of Temecula also put in an application to withdraw from the County Library System and consider finding a suitable site owned either by the City or Temecula Valley Unified School District, where a City library could be built. He also suggested entering into discussions to obtain some of the City's initial mitigation fees and funds contributed by the Library Foundation. Minutes\10\22\96 -15- 11/05/96 C4tv Councol M*nutes October 22, 1996 Morton Bender, 31684 Paseo Goleta, stated it is essential that the citizens of Temecula have access to a library and the resources it provides. He spoke in favor of a municipal library and suggested using volunteers to run the library until funding could be obtained. Councilmember Ford stated he favors what has been proposed, but would still like to complete the needs study now in process. Councilmember Roberts suggested the City-owned property at Ynez and Santiago as a possible site for a City Library. It was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Stone to direct staff to proceed as follows: 14.1Prepare the correspondence for signature, to withdraw from the County Library System prior to December 1, 1996. 14.2Enter into discussion with the County of Riverside regarding recovery of the City's initial mitigation fees and Library Foundation Contributions. 14.3Investigate, in conjunction with the Temecula Unified School District a suitable site to establish a local library to serve the City. Minutes\10\22\96 -16- 11/05/96 Coty Councol Minutes October 22, 1996 14.4Contact the League of California Contract Cities, Riverside County Division and the Riverside County members of California Contract Cities for the purpose of promoting and adopting a bill similar to SB-1 998, the Montjoy Bill, for Riverside County. The motion was unanimously carried with Mayor Lindemans absent. CITY MANAGER'S REPORT City Manager Bradley invited the public to attend the new City Hall Grand Opening on Wednesday, October 30, 1996 from 4:30 to 7:30 PM, 43200 Business Park Drive. CITY ATTORNEY'S REPORT None given. Minutes\10\22\96 -17- 11/05/96 Cwtv Councol Mmnutes ADJOURNMENT October 22, 1996 It was moved by Councilmember Stone, seconded by Councilmember Ford to adjourn at 1 0:00 PM to a meeting on November 12, 1996, 12:00 Noon, Temecula City Hall, Main Conference Room, 43200 Business Park Drive, Temecula, California. Next regular meeting: November 12, 1996, 7:00 PM, Temecula City Hall, City Council Chambers, 43200 Business Park Drive, Temecula, California. The motion was unanimously carried with Mayor Lindemans absent. Karel F. Lindemans, Mayor ATTEST: Minutes\10\22\96 -18- 11/05/96 Coty Counc*l Mmnutes October 22, 1996 June S. Greek, CMC, City Clerk Minutes\10\22\96 -19- 11/05/96 ITEI\4 3 RESOLUTTON NO. 96- A RESOLUTTON OF THE CITY COUNCEL OF THE CrrY OF TEMEECULA ALLOWING CERTAIN CLA]IMS AND DEMANDS AS SET FORTH IN EXHI]Brr A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following cwms 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 $1,636,852.51 Section 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPRED, this 12nd day of November, 1996. Karel F. Lindemans, Mayor ATMT: June S. Greek, CMC, City Clerk [SEAL] Resoo 119 1 STATE OF CALR.FORNIA) COUNTY OF RIVERSIDE) SS CrrY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, hereby do ce@ that the foregoing Resolution No. 96- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 12th day of November, 1996 by the following roll call vote: AYES:COUNCILMEMBERS: NOES:COUNCIILMEMBERS: ABSENT:COUNCIILMEMBERS: June S. Greek, CMC, City Clerk ReBoB 119 CITY OF TEMECULA LIST OF DEMANDS 10/17/96 TOTAL CHECK RUN: $141,070.27 10/24/96 TOTAL CHECK RUN: 36,774.18 10/31/96 TOTAL CHECK RUN: 216,863.57 11/12/96 TOTAL CHECK RUN: 964,918.06 10/17/96 TOTAL PAYROLL RUN: 136,828.96 10/31/96 TOTAL PAYROLL RUN: 140,397.47 TOTAL LIST OF DEMANDS FOR 11112196 COUNCIL MEETING: $ 1,636,852.51 DISBURSEMENTS BY FUND: CHECKS: 001 GENERALFUND $ 334,144.06 165 RDA DEV-LOW/MOD SET ASIDE 27,818.76 190 COMMUNITY SERVICES DISTRICT 87,451.00 191 TCSD SERVICE LEVEL A 8,357.63 192 TCSD SERVICE LEVEL B 118.44 193 TCSD SERVICE LEVEL C 31,803.36 194 TCSD SERVICE LEVEL D 811.92 210 CAPITAL IMPROVEMENT PROJ. FUND 519,494.16 280 REDEVELOPMENT AGENCY-CIP 295,699.30 300 INSURANCE FUND 1,651.54 320 INFORMATION SYSTEMS 17,302.58 330 SUPPORT SERVICES 12,907.89 340 FACILITIES 22,065.44 $ 1,359,626.08 PAYROLL: 001 GENERAL $193,809.83 165 RDA-LOW/MOD 3,294.27 190 TCSD 50,813.91 191 TCSD SERVICE LEVEL A 137.84 192 TCSD SERVICE LEVEL B 343.98 193 TCSD SERVICE LEVEL C 5,706.11 194 TCSD SERVICE LEVEL D 2,068.09 280 RDA-CIP 6,185.91 300 INSURANCE 1,198.47 320 INFORMATION SYSTEMS 6,526.59 330 SUPPORT SERVICES 1,857.34 340 FACILITIES 5,284.09 277,226.43 TOTAL BY FUND: $ 1,636,852.51 PREPARED BYTHERESA A AC@OUNTING SPECIALIST I,- HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. GENW- @ERTS, DIRECTOR OF FINANCE HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. RONALD E. BR)KDLEY, CITY MANAGER VOUCHRE2 CITY OF TEMECULA PAGE 9 10/16/96 15:24 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 75,861.97 165 RDA DEV- LOW/MOD SET ASIDE 4,370.92 190 COMMUNITY SERVICES DISTRICT 32,199.89 191 TCSD SERVICE LEVEL A 664.18 192 TCSD SERVICE LEVEL B 60.71 193 TCSD SERVICE LEVEL C 1,850.00 194 TCSD SERVICE LEVEL D 417.71 210 CAPITAL IMPROVEMENT PROJ FUND 1,471.30 280 REDEVELOPMENT AGENCY - CIP 4,032.89 300 INSURANCE FUND 301.65 320 INFORMATION SYSTEMS 8,943.82 330 SUPPORT SERVICES 9,910.90 340 FACILITIES 984.33 TOTAL 141,070.27 VOUCHRE2 CITY OF TEMECULA PAGE 1 10/16/96 15:24 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 31680 10/14/96 000792 REGENTS OF U.C. RIVERS[ GIS CERTIFICATE TRAINING:BEAL 320-199-999-5261 940.00 940.00 117366 10/17/96 000283 WELLSTAX (IRS) 000283 FEDERAL 001-2070 15,155.43 117366 10/17/96 000283 WELLSTAX (IRS) 000283 FEDERAL 165-2070 253.22 117366 10/17/96 000283 WELLSTAX (IRS) 000283 FEDERAL 190-2070 3,397.29 117366 10/17/96 000283 WELLSTAX (IRS) 000283 FEDERAL 191-2070 9.01 117366 10/17/96 000283 WELLSTAX (IRS) 000283 FEDERAL 192-2070 22.15 117366 10/17/96 000283 WELLSTAX (IRS) 000283 FEDERAL 193-2070 496.42 117366 10/17/96 000283 WELLSTAX (IRS) 000283 FEDERAL 194-2070 158.57 117366 10/17/96 000283 WELLSTAX (IRS) 000283 FEDERAL 280-2070 462.60 117366 10/17/96 000283 WELLSTAX (IRS) 000283 FEDERAL 300-2070 133.38 117366 10117/96 000283 WELLSTAX (IRS) 000283 FEDERAL 320-2070 642.34 117366 10/17/96 000283 WELLSTAX (IRS) 000283 FEDERAL 330-2070 106.86 117366 10/17/96 000283 WELLSTAX (IRS) 000283 FEDERAL 340-2070 208.17 117366 10/17/96 000283 WELLSTAX (IRS) 000283 MEDICARE 001-2070 3,588.16 117366 10/17/96 000283 WELLSTAX (IRS) 000283 MEDICARE 165-2070 60.02 117366 10/17/96 000283 WELLSTAX (IRS) 000283 MEDICARE 190-2070 916.37 117366 10/17/96 000283 WELLSTAX (IRS) 000283 MEDICARE 191-2070 2.38 117366 10/17/96 000283 WELLSTAX (IRS) 000283 MEDICARE 192-2070 5.97 117366 10/17/96 000283 WELLSTAX (IRS) 000283 MEDICARE 193-2070 103.99 117366 10/17/96 000283 WELLSTAX (IRS) 000283 MEDICARE 194-2070 36.87 117366 10/17/96 000283 WELLSTAX (IRS) 000283 MEDICARE 280-2070 110.74 117366 10/17/96 000283 WELLSTAX (IRS) 000283 MEDICARE 300-2070 22.94 117366 10/17/96 000283 WELLSTAX (IRS) 000283 MEDICARE 320-2070 117.44 117366 10/17/96 000283 WELLSTAX (IRS) 000283 MEDICARE 330-2070 29.28 117366 10/17/96 000283 WELLSTAX (IRS) 000283 MEDICARE 340-2070 84.36 26,123.96 178347 10/17/96 000444 WELLSTAX (EDD) 000444 SDI 001-2070 113.26 178347 10/17/96 000444 WELLSTAX (EDD) 000444 SDI 165-2070 2.42 178347 10/17/96 000444 WELLSTAX (EDD) 000444 SDI 190-2070 76.06 178347 10/17/96 000444 WELLSTAX (EDD) 000444 SDI 193-2070 5.11 178347 10/17/96 000444 WELLSTAX (EDD) 000444 SDI 280-2070 15.11 178347 10/17/96 000444 WELLSTAX (EDD) 000444 SDI 320-2070 14.00 178347 10/17/96 000444 WELLSTAX (EDD) 000444 SDI 340-2070 .72 178347 10/17/96 000444 WELLSTAX (EDD) 000444 STATE 001-2070 4,041.06 178347 10/17/96 000444 WELLSTAX (EDD) 000444 STATE 165-2070 87.38 178347 10/17/96 000444 WELLSTAX (EDD) 000444 STATE 190-2070 780.71 178347 10/17/96 000444 WELLSTAX (EDD) 000444 STATE 191-2070 1.69 178347 10/17/96 000444 WELLSTAX (EDD) 000444 STATE 192-2070 3.90 178347 10/17/96 000444 WELLSTAX (EDD) 000444 STATE 193-2070 119.65 178347 10/17/96 000444 WELLSTAX (EDD) 000444 STATE 194-2070 29.01 178347 10/17/96 000444 WELLSTAX (EDD) 000444 STATE 280-2070 134.11 178347 10/17/96 000444 WELLSTAX (EDD) 000444 STATE 300-2070 39.77 178347 10/17/96 000444 WELLSTAX (EDD) 000444 STATE 320-2070 183.07 178347 10/17/96 000444 WELLSTAX (EDD) 000444 STATE 330-2070 25.52 178347 10/17/96 000444 WELLSTAX (EDD) 000444 STATE 340-2070 26.30 5,698.85 31683 10/17/96 000724 A & R CUSTOM SCREEN PRI SOFTBALL PROGRAM AWARDS 190-183-999-5380 986.99 986.99 31684 10/17/96 BENTLEY, PATRICIA REFUND:TENNIS 190-183-4982 20.00 20.00 VOUCHRE2 CITY OF TEMECULA PAGE 2 10/16/96 15:24 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 31685 10/17/96 000123 BURKE WILLIAMS & SORENS SEPT GENERAL RETAINER-LEGAL 001-130-999-5246 87.50 87.50 31686 10/17196 001006 BURTRONICS BUSINESS SYS 96/97 MAINT AGREEMENT-PRINTER 330-199-999-5217 3,115.44 31686 10/17/96 001006 BURTRONICS BUSINESS SYS 96/97 MAINT AGREEMENT-PRINTER 330-199-999-5217 2,613.79 5,729.23 31687 10/17/96 002099 BUTTERFIELD ENTERPRISES OCT RESTROOM LEASE-OLD TOWN 280-199-999-5212 826.00 826.00 31688 10/17/96 000647 CALIFORNIA DEPT OF CONS CPA LICENSE RENEWAL-MCDERMOTT 001-140-999-5226 100.00 100.00 31689 10/17/96 000135 CENTRAL CITIES SIGN SER (15) CITY OF TEMECULA SIGNS 190-180-999-5244 307.80 31689 10/17/96 000135 CENTRAL CITIES SIGN SER QUICK PUNCH SIGN POSTS 190-180-999-5244 447.30 31689 10/17/96 000135 CENTRAL CITIES SIGN SER DRIVE RIVETS 190-180-999-5244 32.50 31689 10/17/96 000135 CENTRAL CITIES SIGN SER TAX 190-180-999-5244 61.04 31689 10/17/96 000135 CENTRAL CITIES SIGN SER MISC SIGNS AND SUPPLIES 001-164-601-5244 31377.96 4,226.60 31690 10/17/96 001275 COMPUSERVE, INC. SUB:COMPUSERVE INFORMATION SRV 320-199-999-5228 9.95 9.95 31691 10/17/96 001014 COUNTRY SIGNS & DESIGNS SIGN REMOVAL-FACADE IMPR. PROG 280-199-813-5804 240.00 240.00 31692 10/17/96 002106 DA FAMILY SUPPORT 002106 SUPPORT 190-2140 100.00 100.00 31693 10/17/96 000155 DAVLIN TAPING OF PLANNING COMM MTGS 001-161-999-5250 156.68 31693 10/17/96 000155 DAVLIN TAPING OF COUNCIL MEETINGS 001-100-999-5250 810.88 967.56 31694 10/17/96 001673 DIVERSIFIED TEMPORARY S TEMP HELP W/E 10/6 KAPRYN 001-161-999-5118 361.20 361.20 31695 10/17/96 002390 EASTERN MUNICIPAL WATER 39656 DIEGO DR LDSC SEPT 193-180-999-5240 657.40 657.40 31696 10/17/96 002060 EUROPEAN DELI & CATERIN REFRESHMENTS FOR COUNCIL MTGS 001-100-999-5260 125.63 125.63 31697 10/17/96 001313 FAGAN, MATTHEW REIMB:APA CF 10/1-5 M.FAGAN 001-161-999-5258 109.22 109.22 31698 10/17/96 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 190-180-999-5230 9.50 31698 10/17/96 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-162-999-5230 26.81 31698 10/17/96 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-140-999-5230 9.50 31698 10/17196 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-120-999-5277 25.25 31698 10/17196 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 280-199-999-5230 20.23 91.29 31699 10/17/96 FORGY, PATRICIA REFUND:TENNIS 190-183-4982 20.00 20.00 31700 10/17/96 000643 FORTNER HARDWARE, INC. TCSD MAINTENANCE SUPPLIES 190-180-999-5212 33.74 31700 10/17/96 000643 FORTNER HARDWARE, INC. MISC SUPPLIES-STREET MAINT 001-164-601-5218 51.73 85.47 31701 10/17/96 000170 FRANKLIN QUEST COMPANY, FRANKLIN - DAY PLANNERS 001-161-999-5220 54.04 54.04 31702 10/17/96 000184 G T E CALIFORNIA PAYM 909-694-6400-GENERAL USAGE-SEP 320-199-999-5208 733.81 31702 10/17/96 000184 G T E CALIFORNIA PAYM 909-695-3539-GENERAL USAGE-SEP 320-199-999-5208 36.08 31702 10/17/96 000184 G T E CALIFORNIA PAYM 909-699-0590-TEM TOWM ASSN-SEP 320-199-999-5208 53.46 31702 10/17/96 000184 G T E CALIFORNIA PAYM 909-699-1370-CABOOSE-SEP 001-110-999-5223 146.96 31702 10/17/96 000184 G T E CALIFORNIA PAYM 909-699-2309-GENERAL USAGE-SEP 320-199-999-5208 29.20 999.51 VOUCHRE2 CITY OF TEMECULA PAGE 3 10/16/96 15:24 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 31703 10117/96 001355 G T E CALIFORNIA, INC. MONTHLY SRVC CHARGE-CRC SEP 320-199-999-5208 350.00 31703 10/17/96 001355 G T E CALIFORNIA, INC. MONTHLY SRVC CHARGE-C HALL-SEP 320-199-999-5208 305.00 655.00 31704 10/17/96 002513 G T E TELEPHONE OPERATI ENG STUDY HWY 79 & 15 FWY 001-1280 6,760.00 6,760.00 31705 10/17/96 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES FINANCE DEPT. 001-140-999-5220 39.47 31705 10/17/96 000177 GLENNIES OFFICE PRODUCT MISCELLANEOUS OFFICE SUPPLIES 001-120-999-5220 128.92 31705 10/17/96 000177 GLENNIES OFFICE PRODUCT MISC. OFFICE SUPPLIES 001-120-999-5220 3.57 31705 10/17/96 000177 GLENNIES OFFICE PRODUCT SUPPLIES FOR SENIOR CENTER 190-181-999-5220 20.34 31705 10/17/96 000177 GLENNIES OFFICE PRODUCT SUPPLIES FOR SENIOR CENTER 190-181-999-5220 8.57 31705 10/17/96 000177 GLENNIES OFFICE PRODUCT MISC. OFFICE SUPPLIES 001-120-999-5220 35.56 31705 10/17/96 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES FINANCE DEPT. 001-140-999-5220 23.69 31705 10/17/96 000177 GLENNIES OFFICE PRODUCT MISC OFFICE SUPPLIES 001-161-999-5220 75.67 31705 10/17/96 000177 GLENNIES OFFICE PRODUCT MISC OFFICE SUPPLIES 001-161-999-5220 3.20 338.99 31706 10/17/96 002375 GRE ZEN MARKETING GROUP MARKETING/CONSULTING SRVCS 001-161-999-5248 901.91 31706 10/17/96 002375 GRE ZEN MARKETING GROUP MARKETINGICONSULTING SRVCS 001-162-999-5248 450.96 31706 10/17/96 002375 GRE ZEN MARKETING GROUP MARKETING/CONSULTING SRVCS 001-163-999-5248 450.96 1,803.83 31707 10/17/96 000186 HANKS HARDWARE, INC. MAINTENANCE SUPPLIES FOR TCSD 340-199-701-5212 56.31 31707 10/17/96 000186 HANKS HARDWARE, INC. MAINTENANCE SUPPLIES 190-180-999-5212 1,041.86 31707 10/17/96 000186 HANKS HARDWARE, INC. SUPPLIES SPORTS PROGRAM 190-183-999-5380 9.45 1,107.62 31708 10/17/96 002418 HAZPAK, INC HAZARDOUS MATERIALS REMOVAL 165-199-812-5804 3,609.04 3,609.04 31709 10/17/96 002098 HOUSE OF MOTORCYCLES MOTORCYCLE REPAIR & MAINTENANC 001-170-999-5214 313.97 31709 10/17/96 002098 HOUSE OF MOTORCYCLES MOTORCYCLE REPAIR & MAINTENANC 001-170-999-5214 412.48 726.45 31710 10/17/96 000388 1 C B 0, INC. MEMBERSHIP:A. ELMO 96/97 001-162-999-5226 195.00 195.00 31711 10/17/96 000194 I C M A RETIREMENT TRUS 000194 DEF COMP 001-2080 1,462.80 31711 10/17/96 000194 1 C M A RETIREMENT TRUS 000194 DEF COMP 190-2080 425.04 31711 10/17/96 000194 1 C M A RETIREMENT TRUS 000194 DEF COMP 193-2080 7.14 1,894.98 31712 10/17/96 001570 INFORMATION FOR PUBLIC STATE NET SERVICE 320-199-999-5228 600.00 600.00 31713 10/17/96 001407 INTER VALLEY POOL SUPPL POOL SANITIZING CHEMICALS 190-182-999-5212 118.53 118.53 31714 10117/96 000199 INTERNAL REVENUE SERVIC 000199 IRS GARN 001-2140 309.85 309.85 31715 10/17/96 001186 IRWIN, JOHN TCSD INSTRUCTOR EARNINGS 190-183-999-5330 28.00 31715 10/17/96 001186 IRWIN, JOHN TCSD INSTRUCTOR EARNINGS 190-183-999-5330 235.20 263.20 31716 10/17/96 000206 KINKO'S OF RIVERSIDE, I STATIONERY PAPER/MISC SUPPLIES 190-180-999-5220 2.75 2.75 31717 10/17/96 002187 LAKE ELSINORE ANIMAL FR SEPT ANIMAL CONTROL SRVCS 001-172-999-5255 3,388.28 3,388.28 31718 10/17/96 MARASCO, SANDI REFUND:TWO DAY ART CAMP 190-183-4982 40.00 40.00 31719 10/17/96 000217 MARGARITA OFFICIALS ASS ADULT SOFTBALL OFFICIALS 190-183-999-5380 726.00 31719 10/17/96 000217 MARGARITA OFFICIALS ASS ADULT SOFTBALL OFFICIALS 190-183-999-5380 2,838.00 VOUCHRE2 CITY OF TEMECULA PAGE 4 10/16/96 15:24 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 31719 10/17/96 000217 MARGARITA OFFICIALS ASS ADULT SOFTBALL OFFICIALS 190-183-999-5380 2,629.00 6,193.00 31720 10/17/96 002352 MASON ELECTRIC COMPANY BREAK AWAY CABLE FOR POLICE DP 001-170-999-5242 192.05 192.05 31721 10/17/96 001290 MEYER, JOHN REIMB:J.MEYER;MAIN ST CF 9/18 280-199-999-5258 47.42 47.42 31722 10/17/96 000226 MICRO AGE COMPUTER CENT HP LASERJET PRINTER 43) 320-199-999-5221 2,241.00 31722 10/17/96 000226 MICRO AGE COMPUTER CENT TAX 320-199-999-5221 173.68 31722 10/17/96 000226 MICRO AGE COMPUTER CENT MISC COMPUTER SUPPLIES 320-199-999-5221 106.67 2,521.35 31723 10/17/96 002497 MISCO ZIP PC DISKETTES 320-199-999-5221 149.95 31723 10/17/96 002497 MISCO COMPAC TAPE CARTRIDGE 320-199-999-5221 251.94 31723 10/17/96 002497 MISCO NYLON NOTEPACK 320-199-999-5221 119.85 31723 10/17/96 002497 MISCO FREIGHT 320-199-999-5221 21.21 542.95 31724 10/17/96 000228 MOBIL, INC. FUEL FOR CITY VEHICLES 001-170-999-5262 103.93 31724 10/17/96 000228 MOBIL, INC. FUEL FOR CITY VEHICLES 001-161-999-5263 34.84 31724 10/17/96 000228 MOBIL, INC. FUEL FOR CITY VEHICLES 001-164-601-5263 18.99 157.76 31725 10/17/96 001654 MONTEREY SYSTEMS, INC. PROCESSING 001-120-999-5277 14.00 31725 10/17/96 001654 MONTEREY SYSTEMS, INC. FL ROLL DIAZO DUPE 001-120-999-5277 32.00 31725 10/17/96 001654 MONTEREY SYSTEMS, INC. MSI PICKUP/DELIVERY 001-120-999-5277 4.00 31725 10/17/96 001654 MONTEREY SYSTEMS, INC. TAX 001-120-999-5277 3.88 53.88 31726 10/17/96 001584 NEWPORT PRINTING SYSTEM 2500 MANUAL CASH RECEIPT FORMS 001-140-999-5222 387.45 31726 10/17/96 001584 NEWPORT PRINTING SYSTEM TEMPLATE CHARGE FOR FORMS 001-140-999-5222 22.50 31726 10/17/96 001584 NEWPORT PRINTING SYSTEM FREIGHT 001-140-999-5222 14.34 31726 10/17/96 001584 NEWPORT PRINTING SYSTEM TAX 001-140-999-5222 31.77 456.06 31727 10/17/96 002139 NORTH COUNTY TIMES - AT HALLOWEEN BASH ADVERTISING 190-183-999-5370 595.80 31727 10/17/96 002139 NORTH COUNTY TIMES - AT ROAD CONSTRUCTION UPDATES 001-165-999-5256 210.23 31727 10/17/96 002139 NORTH COUNTY TIMES - AT CHRISTMAS PARADE ADVERTISING 190-180-999-5254 159.12 31727 10/17/96 002139 NORTH COUNTY TIMES - AT ROAD CONSTRUCTION UPDATES 001-165-999-5256 66.20 31727 10/17/96 002139 NORTH COUNTY TIMES - AT RECRUITMENT ADS 001-150-999-5254 191.94 31727 10/17/96 002139 NORTH COUNTY TIMES - AT NOTICE OF P.HEARING-WINCH CRK 001-120-999-5256 49.97 31727 10/17/96 002139 NORTH COUNTY TIMES - AT LEGAL AD- COMMUNITY MTG 001-120-999-5256 38.34 31727 10/17/96 002139 NORTH COUNTY TIMES - AT DISPLAY ADS-CIP UPDATES 001-165-999-5256 178.42 31727 10/17/96 002139 NORTH COUNTY TIMES - AT ADS-OLD TWN ADVISORY COMMITTEE 001-120-999-5254 188.88 31727 10/17/96 002139 NORTH COUNTY TIMES - AT RECRUITMENT ADS - HUMAN RES. 001-150-999-5254 234.70 1,913.60 31728 10/17/96 002105 OLD TOWN TIRE & SERVICE VEHICLE MAINTENANCE & REPAIR 001-163-999-5214 27.19 31728 10/17/96 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-162-999-5214 266.06 31728 10/17/96 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-162-999-5214 25.95 31728 10/17/96 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-164-601-5214 119.90 31728 10/17/96 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-162-999-5214 87.15 526.25 31729 10/17/96 002496 ONE ON ONE COMPUTER TRA SUBSCRIPTION:WORKING SMARTER 001-120-999-5228 173.68 31729 10/17/96 002496 ONE ON ONE COMPUTER TRA FREIGHT 001-120-999-5228 26.05 199.73 31730 10/17/96 001619 ORANGE COUNTY REGISTER, RECRUITMENT AD FOR EDC 280-199-999-5254 202.12 202.12 VOUCHRE2 CITY OF TEMECULA PAGE 5 10/16/96 15:24 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 31731 10/17/96 001383 P M W ASSOCIATES, INC. COUNCIL PROCEDURES WRKSHP 001-100-999-5248 875.00 31731 10/17/96 001383 P M W ASSOCIATES, INC. CONSULTING 001-150-999-5248 920.64 1,795.64 31732 10/17/96 002459 PARSONS BRINCKERHOFF AUG PRGSS-GERTRUDIA BRIDGE WID 280-199-602-5804 1,400.00 1,400.00 31733 10/17/96 000246 PERS (EMPLOYEES' RETIRE 000246 PER REDE 001-2130 278.98 31733 10/17/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 001-2390 14,508.02 31733 10/17/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 165-2390 240.14 31733 10/17/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 190-2390 2,934.20 31733 10/17/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 191-2390 11.02 31733 10/17/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 192-2390 27.30 31733 10/17/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 193-2390 377.49 31733 10/17/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 194-2390 169.79 31733 10/17/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 280-2390 263.24 31733 10/17/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 300-2390 100.09 31733 10/17/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 320-2390 292.08 31733 10/17/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 330-2390 124.91 31733 10/17/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 340-2390 373.53 31733 10/17/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 001-2390 65.30 31733 10/17/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 165-2390 .84 31733 10/17/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 190-2390 12.65 31733 10/17/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 191-2390 .05 31733 10/17/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 192-2390 .14 31733 10/17/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 193-2390 1.77 31733 10/17/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 194-2390 .97 31733 10/17/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 280-2390 .92 31733 10/17/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 300-2390 .46 31733 10/17/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 320-2390 .93 31733 10/17/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 330-2390 .93 31733 10/17/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 340-2390 2.09 19,787.84 31734 10/17/96 001958 PERS LONG TERM CARE PRO 001958 PERS L-T 001-2122 40.62 40.62 31735 10/17/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-150-999-5260 6.98 31735 10/17/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-110-999-5230 17.11 31735 10/17/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5370 25.43 31735 10/17/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 210-165-647-5804 28.02 31735 10/17/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-100-999-5260 4.50 31735 10/17/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-150-999-5260 12.51 31735 10/17/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-110-999-5260 9.03 31735 10/17/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-161-999-5261 25.00 31735 10/17/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5370 7.27 31735 10/17/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-181-999-5301 25.86 31735 10/17/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-161-999-5260 23.80 31735 10/17/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 320-199-999-5242 22.39 31735 10/17/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-161-999-5260 81.76 31735 10/17/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5370 12.67 31735 10/17/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5370 22.65 31735 10/17/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-110-999-5223 31.61 31735 10/17/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-164-601-5258 14.80 31735 10/17/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 210-199-650-5804 43.28 VOUCHRE2 CITY OF TEMECULA PAGE 6 10/16/96 15:24 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 31735 10/17/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5370 38.79 31735 10/17/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 190-183-999-5350 6.00 31735 10/17/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-161-999-5258 4.73 31735 10/17/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT 001-161-999-5260 3.80 467.99 31736 10/17/96 000580 PHOTO WORKS PHOTOS FOR PUJOL AREA 165-199-999-5250 21.53 31736 10/17/96 000580 PHOTO WORKS FILM & PHOTO DEVELOPING 001-163-999-5250 21.67 31736 10/17/96 000580 PHOTO WORKS FILM & PHOTO DEVELOPING 190-180-999-5301 6.59 31736 10/17/96 000580 PHOTO WORKS FILM & PHOTO DEVELOPING 190-180-999-5301 19.95 31736 10/17/96 000580 PHOTO WORKS PHOTOS FOR FACADE IMPROVEMENTS 280-199-999-5250 16.55 86.29 31737 10/17/96 000254 PRESS-ENTERPRISE COMPAN ROADWAY CONSTRUCTION UPDATE 001-165-999-5256 135.00 31737 10/17/96 000254 PRESS-ENTERPRISE COMPAN RECRUITMENT ADS- HUMAN RES. 001-150-999-5254 976.24 1,111.24 31738 10/17/96 000546 RADIO SHACK MISC COMPUTER SUPPLIES 320-199-999-5221 56.46 56.46 31739 10/17/96 000260 RAN-TEC RUBBER STAMP MF EMOBSSERS FOR RDA AND OLD TOWN 280-199-999-5220 70.00 31739 10/17/96 000260 RAN-TEC RUBBER STAMP MF TAX 280-199-999-5220 5.43 75.43 31740 10/17/96 000947 RANCHO BELL BLUEPRINT C PAPER SUPPLIES 330-199-999-5220 156.17 156.17 31741 10/17/96 000907 RANCHO CAR WASH VEHICLE DETAILING & MAINT. 001-110-999-5214 4.00 31741 10/17/96 000907 RANCHO CAR WASH VEHICLE DETAILING & MAINT. 001-110-999-5263 21.61 25.61 31742 10/17/96 000266 RIGHTWAY PORTABLE RESTROOM RENTAL-SEPT 190-180-999-5238 309.88 31742 10/17/96 000266 RIGHTWAY PORTABLE RENTALS FOR PARKS 190-180-999-5238 204.00 513.88 31743 10/17/96 000352 RIVERSIDE CO. ASSESSOR ASSESSOR MAP COPIES 190-180-999-5220 4.50 4.50 31744 10/17/96 002514 ROAD WORKS, INC. CF:TRAFFIC CNTRL:HODSON 11/6-7 001-163-999-5261 95.00 95.00 31745 10/17/96 001942 S C SIGNS SIGN POSTING SERVICES 001-161-999-5256 65.00 31745 10/17/96 001942 S C SIGNS SIGN POSTING SERVICES 001-161-999-5256 455.00 520.00 31746 10/17/96 000434 SIERRA COMPUTER SYSTEMS ADDITIONAL SOFTWARE CAPABILITY 001-162-999-5250 3,000.00 3,000.00 31747 10/17/96 000519 SOUTH COUNTY PEST CONTR SEPT PEST CNTRL SRVCS-SEN CNTR 190-181-999-5250 29.00 29.00 31748 10/17/96 000537 SOUTHERN CALIF EDISON VARIOUS ELECT METERS 191-180-999-5319 595.06 31748 10/17/96 000537 SOUTHERN CALIF EDISON 2-02-351-4946 6TH STREET 190-181-999-5240 1,327.62 31748 10/17/96 000537 SOUTHERN CALIF EDISON 2-02-351-5281 RANCHO VISTA A 190-182-999-5240 5,330.89 31748 10/17/96 000537 SOUTHERN CALIF EDISON 2-02-351-5489 FRONT ST 001-164-601-5240 95.85 31748 10/17196 000537 SOUTHERN CALIF EDISON 2-02-351-7790 RANCHO VISTA SPT 193-180-999-5240 14.40 31748 10/17/96 000537 SOUTHERN CALIF EDISON 2-04-792-9005 RNCHO SPT PRK 190-180-999-5240 1,534.98 31748 10/17/96 000537 SOUTHERN CALIF EDISON OCT ELEC BILL/HWY 79 191-180-999-5319 28.24 31748 10/17/96 000537 SOUTHERN CALIF EDISON SEPT ELEC BILL/HWY 79 191-180-999-5319 16.73 8,943.77 31749 10/17/96 001212 SOUTHERN CALIF GAS COMP 021-725-0775 SR CENTER 190-181-999-5240 4.11- 31749 10/17/96 001212 SOUTHERN CALIF GAS COMP 091-024-9300 CRC 190-182-999-5240 857.45 31749 10/17/96 001212 SOUTHERN CALIF GAS COMP 101-525-0950 TEM COMM CENTER 190-184-999-5240 38.41 891.75 VOUCHRE2 CITY OF TEMECULA PAGE 7 10/16/96 15:24 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 31750 10/17/96 000375 SOUTHERN CALIF TELEPHON 909 202-4769 JS 001-100-999-5208 41.26 31750 10/17/96 000375 SOUTHERN CALIF TELEPHON 909 202-4204 KL 001-100-999-5208 32.10 31750 10/17/96 000375 SOUTHERN CALIF TELEPHON 909 202-4763 PB 001-100-999-5208 29.07 31750 10/17/96 000375 SOUTHERN CALIF TELEPHON 909 202-4758 RR 001-100-999-5208 48.94 31750 10/17/96 000375 SOUTHERN CALIF TELEPHON 909 205-4070 MJM 001-110-999-5208 88.89 31750 10/17/96 000375 SOUTHERN CALIF TELEPHON 909 202-4770 RS 001-110-999-5208 31.47 31750 10/17/96 000375 SOUTHERN CALIF TELEPHON 909 202-4757 JG 001-120-999-5208 33.23 31750 10/17/96 000375 SOUTHERN CALIF TELEPHON 9092057826/GR/SEPT 001-140-999-5208 41.77 31750 10/17/96 000375 SOUTHERN CALIF TELEPHON 909 202-5153 GY 001-150-999-5208 55.52 31750 10/17/96 000375 SOUTHERN CALIF TELEPHON 909 202-4767 GT 001-161-999-5208 46.02 31750 10117196 000375 SOUTHERN CALIF TELEPHON 909 202-4760 JH 001-163-999-5208 159.09 31750 10/17/96 000375 SOUTHERN CALIF TELEPHON 909 203-9994 BB 001-164-601-5208 60.25 31750 10/17/96 000375 SOUTHERN CALIF TELEPHON 909 205-8688 PW MAINT 001-164-604-5208 123.72 31750 10/17/96 000375 SOUTHERN CALIF TELEPHON 909 202-4765 PW MAINT 001-164-601-5208 54.93 31750 10/17/96 000375 SOUTHERN CALIF TELEPHON 909 202-4756 SM 001-164-604-5208 49.96 31750 10/17/96 000375 SOUTHERN CALIF TELEPHON 9092060992/BH/SEPT 190-180-999-5208 53.18 31750 10/17/96 000375 SOUTHERN CALIF TELEPHON 9092024755/CV/SEPT 190-180-999-5208 27.19 31750 10/17/96 000375 SOUTHERN CALIF TELEPHON 9092029876/HP/SEPT 190-180-999-5208 34.12 31750 10/17/96 000375 SOUTHERN CALIF TELEPHON 9092120934/SR VAN/SEPT 190-180-999-5208 33.36 31750 10/17/96 000375 SOUTHERN CALIF TELEPHON 909 205-7877 INFOR SYSTEM 320-199-999-5208 41.67 31750 10/17/96 000375 SOUTHERN CALIF TELEPHON 909 519-2136 TH 320-199-999-5208 27.59 1,113.33 31751 10/17/96 000521 STEWART, BRUCE M. CONSULTANT STREET ADDRESSING 001-162-999-5250 512.50 31751 10/17/96 000521 STEWART, BRUCE M. DEBIT:ST ADDRESSING INVOICE 001-162-999-5250 87.50 600.00 31752 10/17/96 SUNRIDGE COMMUNITY CHUR REFUND SECURITY DEPOSIT 190-2900 100.00 100.00 31753 10/17/96 000876 TEMECULA VALLEY BALLOON NAKAYAMA BREAKFAST RECEPTION 001-100-999-5280 290.92 31753 10/17/96 000876 TEMECULA VALLEY BALLOON AMENITIES FOR VOORBURG VISIT 001-100-999-5280 161.63 452.55 31754 10/17/96 000420 TRANS-PACIFIC CONSULTAN PROF ENG SERVS-WEST BY-PASS CO 210-165-612-5802 1,400.00 1,400.00 31755 10/17/96 000459 TUMBLE JUNGLE TCSD INSTRUCTOR EARNINGS 190-183-999-5330 40.00 40.00 31756 10/17/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 001-2080 2,962.36 31756 10/17/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 165-2080 72.39 31756 10/17/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 190-2080 733.35 31756 10/17/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 192-2080 1.25 31756 10/17/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 193-2080 18.75 31756 10/17/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 194-2080 22.50 31756 10/17/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 280-2080 75.89 31756 10/17/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 300-2080 5.01 31756 10/17/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 320-2080 312.50 31756 10/17/96 001065 U S C M /PEBSCO (DEF. C 001065 DEF COMP 340-2080 112.50 4,316.50 31757 10/17/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 001-2160 1,228.56 31757 10/17/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 165-2160 22.74 31757 10/17/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 190-2160 713.08 31757 10/17/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 193-2160 47.88 31757 10/17/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 280-2160 141.34 31757 10/17/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 320-2160 131.26 VOUCHRE2 CITY OF TEMECULA PAGE 8 10/16/96 15:24 VOUCHERICHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 31757 10/17/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 340-2160 6.78 2,291.64 31758 10/17/96 002396 U.S. LONG DISTANCE, INC LONG DISTANCE TELECOM PROVIDER 320-199-999-5208 980.29 980.29 31759 10/17/96 000325 UNITED WAY OF THE INLAN 000325 uw 001-2120 76.11 31759 10/17/96 000325 UNITED WAY OF THE INLAN 000325 uw 165-2120 1.20 31759 10/17/96 000325 UNITED WAY OF THE INLAN 000325 uw 190-2120 15.00 31759 10/17/96 000325 UNITED WAY OF THE INLAN 000325 uw 280-2120 1.19 93.50 31760 10/17/96 000332 VANDORPE CHOU ASSOCIATI SEPT 96-PLAN CHECK CONSULTANT 001-162-999-5248 1,740.74 1,740.74 31761 10/17/96 001437 VIRACK, MARYANN TCSD INSTRUCTOR EARNINGS 190-183-999-5330 128.00 128.00 31762 10/17/96 001342 WAXIE SANITARY SUPPLY, BUILDING MAINTENANCE SUPPLIES 190-182-999-5212 539.16 31762 10/17/96 001342 WAXIE SANITARY SUPPLY, BUILDING MAINTENANCE SUPPLIES 190-182-999-5212 220.61 31762 10/17/96 001342 WAXIE SANITARY SUPPLY, BUILDING MAINTENANCE SUPPLIES 190-184-999-5212 681.20 31762 10/17/96 001342 WAXIE SANITARY SUPPLY, BUILDING MAINTENANCE SUPPLIES 340-199-701-5212 113.57 1,554.54 31763 10/17/96 000339 WEST PUBLISHING COMPANY WEST'S ANNOTATED CALIF CODES] 001-120-999-5228 69.90 69.90 31764 10/17/96 001250 WILLIAMS, RICHARD MODIFY COUNTER - CRC 190-182-999-5250 50.00 50.00 31765 10/17/96 000345 XEROX CORPORATION BILLI OCT MNTY LEASE ON XEROX 5100 330-199-999-5239 3,738.00 3,738.00 31766 10/17/96 YOUNG, MICHAEL REFUND:TENNIS 190-183-4982 20.00 20.00 TOTAL CHECKS 141,070.27 VOUCHRE2 CITY OF TEMECULA PAGE 5 10/24/96 16:34 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 5,894.61 165 RDA DEV- LOW/MOD SET ASIDE 5,017.09 190 COMMUNITY SERVICES DISTRICT 9,420.81 191 TCSD SERVICE LEVEL A 461.80 193 TCSD SERVICE LEVEL C 7,986.58 210 CAPITAL IMPROVEMENT PROJ FUND 2,147.74 280 REDEVELOPMENT AGENCY - CIP 5,031.60 300 INSURANCE FUND 50.00 340 FACILITIES 763.95 TOTAL 36,774.18 VOUCHRE2 CITY OF TEMECULA PAGE 1 10/24/96 16:34 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 31767 10/16/96 001383 P M W ASSOCIATES, INC. RDA CONSULTING SERV AUG/SEPT 280-199-999-5248 5,017.10 31767 10/16196 001383 P M W ASSOCIATES, INC. RDA CONSULTING SERV AUG/SEPT 165-199-999-5248 5,017.09 10,034.19 40011 10/23196 002520 CALIFORNIA T'S T-SHIRTS-CITY HALL COMMITTEE 190-180-999-5301 144.68 144.68 40014 10124196 001515 A S A P TRUCK TRACTOR & WEED ABATEMENT SERVICES 001-162-999-5440 204.00 40014 10/24/96 001515 A S A P TRUCK TRACTOR & WEED ABATEMENT SERVICES 001-162-999-5440 204.00 40014 10/24/96 001515 A S A P TRUCK TRACTOR & WEED ABATEMENT SERVICES 001-162-999-5440 244.00 40014 10/24/96 001515 A S A P TRUCK TRACTOR & WEED ABATEMENT SERVS 001-162-999-5440 120.00 40014 10/24/96 001515 A S A P TRUCK TRACTOR & WEED ABATEMENT SERVICES 001-162-999-5440 120.00 40014 10/24/96 001515 A S A P TRUCK TRACTOR & WEED ABATEMENT SERVICES 001-162-999-5440 124.00 40014 10/24/96 001515 A S A P TRUCK TRACTOR & WEED ABATEMENT SERVICES 001-162-999-5440 124.00 40014 10/24/96 001515 A S A P TRUCK TRACTOR & WEED ABATEMENT SERVICES 001-162-999-5440 176.00 40014 10/24/96 001515 A S A P TRUCK TRACTOR & CREDIT:WEED ABATEMENT 001-162-999-5440 262.00- 1,054.00 40015 10/24/96 002410 A WOMANIS TOUCH BUILDIN OCT JANITORIAL SRVCS-PARKS 190-180-999-5250 1,020.00 1,020.00 40016 10/24/96 000622 BANTA ELECTRIC-REFRIGER A/C REPLACEMENT-KITCHEN OF TCC 210-190-151-5804 884.29 40016 10/24/96 000622 BANTA ELECTRIC-REFRIGER ELECTRICAL SRVCS FOR COMM CNTR 190-184-999-5212 185.00 40016 10/24/96 000622 BANTA ELECTRIC-REFRIGER ELECTRICAL SERVICES FOR TCSD 190-180-999-5212 85.00 1,154.29 40017 10/24/96 BOWEN, DIANE REFUND:TCSD CLASS 190-183-4982 35.00 35.00 40018 10/24/96 000137 CHEVRON U S A INC. FUEL EXPENSE FOR CITY VEHICLES 001-161-999-5263 12.33 40018 10/24/96 000137 CHEVRON U S A INC. FUEL EXPENSE FOR CITY VEHICLES 001-165-999-5263 12.33 40018 10/24/96 000137 CHEVRON U S A INC. FUEL EXPENSE FOR CITY VEHICLES 001-165-999-5263 3.28 27.94 40019 10/24/96 001326 CHULA VISTA, CITY OF REFRESHMENT FUND 96-97 TRAINNG 001-150-999-5248 74.01 74.01 40020 10/24/96 002524 DENNIS SEVER SIGNS TRAILER LETTERING 001-164-601-5218 150.00 150.00 40021 10/24/96 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-120-999-5277 74.35 40021 10/24/96 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-161-999-5230 19.00 40021 10/24/96 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-162-999-5230 12.00 40021 10124/96 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-165-999-5230 9.50 40021 10/24/96 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-140-999-5230 38.62 40021 10/24/96 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-161-999-5230 83.10 40021 10/24/96 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-120-999-5277 22.10 40021 10/24/96 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 280-199-999-5230 14.50 273.17 40022 10/24/96 FORMELLA, LAURA REFUND:NON-RESIDENT FEE 190-183-4994 10.00 10.00 40023 10/24/96 000177 GLENNIES OFFICE PRODUCT LOG BOOKS FOR VEHICLE MAINT 001-162-999-5220 42.12 40023 10/24/96 000177 GLENNIES OFFICE PRODUCT LOG BOOKS FOR VEHICLE MAINT 001-161-999-5220 5.27 40023 10/24/96 000177 GLENNIES OFFICE PRODUCT LOG BOOKS FOR VEHICLE MAINT 001-110-999-5220 5.27 40023 10/24/96 000177 GLENNIES OFFICE PRODUCT LOG BOOKS FOR VEHICLE MAINT 190-180-999-5220 42.12 40023 10/24/96 000177 GLENNIES OFFICE PRODUCT LOG BOOKS FOR VEHICLE MAINT 001-164-604-5220 42.11 40023 10/24/96 000177 GLENNIES OFFICE PRODUCT TAX 001-162-999-5220 3.26 40023 10/24/96 000177 GLENNIES OFFICE PRODUCT TAX 001-164-604-5220 .41 40023 10/24/96 000177 GLENNIES OFFICE PRODUCT TAX 001-161-999-5220 .41 40023 10/24/96 000177 GLENNIES OFFICE PRODUCT TAX 001-110-999-5220 .41 VOUCHRE2 CITY OF TEMECULA PAGE 2 10/24/96 16:34 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 40023 10/24/96 000177 GLENNIES OFFICE PRODUCT TAX 190-180-999-5220 3.26 40023 10/24/96 000177 GLENNIES OFFICE PRODUCT TAX 001-164-604-5220 2.86 40023 10/24/96 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES 190-184-999-5220 16.70 164.20 40024 10/24/96 001609 GREATER ALARM COMPANY, CABOOSE ALARM MONITORING QTR 1 001-110-999-5223 75.00 75.00 40025 10/24/96 HERNDON, CINDY REFUND:DOG OBEDIENCE 190-183-4982 19.40 19.40 40026 10/24/96 000388 1 C B 0, INC. SUB:CA BUILDING CODE 1 YR 001-162-999-5228 330.00 40026 10/24/96 000388 1 C B 0, INC. TAX 001-162-999-5228 25.58 40026 10/24/96 000388 1 C B 0, INC. SUB:CA ELECT CODE 1 YR 001-162-999-5228 180.00 40026 10/24/96 000388 1 C B 0, INC. TAX 001-162-999-5228 13.95 40026 10/24/96 000388 1 C B 0, INC. SUB:CA MECHANICAL CODE 1 YR 001-162-999-5228 180.00 40026 10/24/96 000388 1 C B 0, INC. TAX 001-162-999-5228 13.95 40026 10/24/96 000388 1 C B 0, INC. SUB:CA PLUMBING CODE 1 YR 001-162-999-5228 180.00 40026 10/24/96 000388 1 C B 0, INC. TAX 001-162-999-5228 13.95 937.43 40027 10/24/96 JAKOFSKY, LES REFUND:BALLROOM DANCING 190-183-4982 14.00 14.00 40028 10/24/96 JOHNSON, DEBRA REFUND: BALLROOM DANCING 190-183-4982 28.00 28.00 40029 10/24/96 001420 JOLLY JUMPS DRAGON JUMP FOR CARNIVAL 190-183-999-5370 85.00 85.00 40030 10/24/96 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 9129 EVANS 001-164-604-5118 138.65 40030 10/24/96 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 9/29 EVANS 001-163-999-5118 138.65 40030 10/24/96 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 9/29 EVANS 001-165-999-5118 138.70 40030 10/24/96 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 10/6 EVANS 001-164-604-5118 79.73 40030 10124/96 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 10/6 EVANS 001-163-999-5118 79.73 40030 10/24/96 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 10/6 EVANS 001-165-999-5118 79.74 40030 10/24/96 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 10/13 EVANS 001-164-604-5118 138.65 40030 10/24/96 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 10/13 EVANS 001-163-999-5118 138.65 40030 10/24/96 001667 KELLY TEMPORARY SERVICE TEMP HELP W/E 10/13 EVANS 001-165-999-5118 138.70 1,071.20 40031 10/24/96 001973 LA SALLE LIGHTING SERVI BALLFIELD LIGHT REPAIRS-PARKS 190-180-999-5212 420.50 420.50 40032 10/24/96 002435 LSA ASSOCIATES, INC STEPHENIS KANGAROO RAT STUDY 210-190-149-5802 588.75 40032 10/24/96 002435 LSA ASSOCIATES, INC STEPHENIS KANGAROO RAT STUDY 210-190-149-5802 31.62 620.37 40033 10/24/96 001205 MCDERMOTT, TIM K. REIMB:GFOA MCDERMOTT 10/14-16 001-140-999-5261 556.41 556.41 40034 10/24/96 002101 MY BUDDIES PIZZA REFRESHMENTS FOR MOVE DAY 190-180-999-5260 194.66 194.66 40035 10/24/96 002139 NORTH COUNTY TIMES - AT PUBLIC NOTICES PA 95-0127 001-161-999-5256 36.21 36.21 40036 10/24/96 001150 O'BRIEN, CARY INSTALL SOCCER GOALS-ROTARY PK 190-180-999-5212 750.00 750.00 40037 10/24/96 000580 PHOTO WORKS FILM & PHOTO DEVELOPING 190-180-999-5301 44.87 44.87 40038 10/24/96 002110 PRIME EQUIPMENT EQUIPMENT RENTAL-PW DEPT 001-164-601-5238 35.33 35.33 40039 10/24/96 000255 PRO LOCK & KEY TCSD LOCKSMITH SERVICES - TCSD 190-180-999-5212 16.16 16.16 VOUCHRE2 CITY OF TEMECULA PAGE 3 10/24/96 16:34 VOUCHER/CHECK REGISTER FOR ALL PERIODS VO(JCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 40040 10/24/96 002523 PUBLIC AGENCY RISK MGR. MEMBERSHIP DUE FOR ALLIE KUHNS 300-199-999-5226 50.00 50.00 40041 10/24/96 000947 RANCHO BELL BLUEPRINT C PRINTING SERVICES/SUPPLIES 001-161-999-5222 35.27 40041 10124196 000947 RANCHO BELL BLUEPRINT C PRINTING SERVICES/SUPPLIES 001-161-999-5222 28.21 63.48 40042 10/24/96 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 190-180-999-5240 2,771.99 40042 10/24/96 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 190-180-999-5240 899.93 40042 10/24/96 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 191-180-999-5240 220.77 40042 10/24/96 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 193-180-999-5240 6,207.25 40042 10/24/96 000262 RANCHO CALIFORNIA WATER VARIOUS WATER METERS 193-180-999-5240 1,779.33 11,879.27 40043 10/24/96 002507 RANCHO FRUIT MARKET SPECIAL EVENT CENTERPIECES 190-183-999-5370 51.00 51.00 40044 10/24/96 001365 RIVERSIDE CO. ENVIRONME PERMIT RENEWAL-TEM COMM CENTER 190-184-999-5250 326.00 326.00 40045 10/24/96 001097 ROADLINE PRODUCTS, INC. REPAIR OF HOSE REEL FOR MAINT. 001-164-601-5215 239.30 40045 10/24/96 001097 ROADLINE PRODUCTS, INC. FREIGHT 001-164-601-5215 22.39 40045 10/24/96 001097 ROADLINE PRODUCTS, INC. TAX 001-164-601-5215 13.89 275.58 40046 10/24/96 002226 RUSSO, MARY ANNE TCSD INSTRUCTOR EARNINGS 190-183-999-5330 532.00 532.00 40047 10/24/96 000537 SOUTHERN CALIF EDISON 2-02-351-4433 WINCHESTER T/C 191-180-999-5319 180.94 40047 10/24/96 000537 SOUTHERN CALIF EDISON 2-02-351-4615 WINCHERTER SIGN 191-180-999-5319 60.09 241.03 40048 10/24/96 000375 SOUTHERN CALIF TELEPHON 909 202-4759 TE 001-162-999-5208 36.37 40048 10/24/96 000375 SOUTHERN CALIF TELEPHON 909 202-4754 88 BLAZER 001-164-604-5208 77.65 40048 10/24/96 000375 SOUTHERN CALIF TELEPHON 909 202-4752 SN 190-180-999-5208 55.04 169.06 40049 10/24/96 002430 STRICKLAND, KATIE M. TCSD INSTRUCTOR EARNINGS 190-183-999-5330 192.00 192.00 40050 10/24/96 001672 TEMECULA DRAIN SERV & P PLUMBING REPAIRS & INSTALL 190-180-999-5212 77.00 77.00 40051 10/24/96 002515 TEMECULA FLOWER CORAL FLOWER ARRANGEMENTS-CITY HALL 210-199-650-5804 559.69 559.69 40052 10/24/96 THE ART COUNCIL OF TEME REFUND- FACILITY ROOM RENTAL 190-183-4990 103.00 103.00 40053 10/24/96 000668 TIMMY D. PRODUCTIONS PA SYSTEM W/SPEAKERS-HALLOWEEN 190-183-999-5370 125.00 125.00 40054 10/24/96 000420 TRANS-PACIFIC CONSULTAN SEPT SERVS-PAVEMNT MGMT SYSTEM 210-165-655-5802 83.39 83.39 40055 10/24/96 002065 UNISOURCE ASTROBRIGHT PAPER-PRO HOLIDAY 190-183-999-5305 154.28 40055 10/24/96 002065 UNISOURCE ASTROBRIGHT PAPER-PRO HOLIDAY 190-183-999-5370 231.42 40055 10/24/96 002065 UNISOURCE ASTROBRIGHT PAPER-PRO HOLIDAY 190-183-999-5370 77.14 40055 10/24/96 002065 UNISOURCE ASTROBRIGHT PAPER-HOLIDAY EVEN 190-183-999-5305 28.49 40055 10/24/96 002065 UNISOURCE ASTROBRIGHT PAPER-HOLIDAY EVEN 190-183-999-5370 42.74 40055 10/24/96 002065 UNISOURCE ASTROBRIGHT PAPER-HOLIDAY EVEN 190-183-999-5370 14.24 548.31 40056 10/24/96 000329 URBAN DESIGN STUDIO, IN SEPT SERVS-DESIGN GUIDELINES 001-161-999-5248 790.50 790.50 40057 10/24/96 001342 WAXIE SANITARY SUPPLY, BLDG MAINT SUPPLIES-CRC 190-182-999-5212 111.07 40057 10/24/96 001342 WAXIE SANITARY SUPPLY, BLDG MAINT SUPPLIES-CITY HALL 340-199-701-5212 219.87 VOUCHRE2 CITY OF TEMECULA PAGE 4 10/24/96 16:34 VOtJCHER/CHECK REGISTER FOR ALL PERIODS VOtJCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 40057 10/24/96 001342 WAXIE SANITARY SUPPLY, BLDG MAINT SUPPLIES-SENIOR CTR 190-181-999-5212 79.52 40057 10/24/96 001342 WAXIE SANITARY SUPPLY, BLDG MAINT SUPPLIES-TCC 190-184-999-5212 100.05 40057 10/24/96 001342 WAXIE SANITARY SUPPLY, BLDG MAINT SUPPLIES-CRC 190-182-999-5212 178.54 689.05 40058 10/24/96 WEBB, WILLIAM REFUND-KNOTTS SCARRY FARM 190-183-4980 25.00 25.00 40059 10/24/96 001939 WINDSOR PROJECTS, INC. PAID SEPT/OCT RENT SHORT 340-199-701-5234 544.08 544.08 40060 10/24196 000348 ZIGLER, GAIL REFRESHMENTS FOR MOVE DAYS 001-150-999-5265 272.71 40060 10/24/96 000348 ZIGLER, GAIL REFRESHMENTS FOR MOVE DAYS 190-180-999-5260 131.01 403.72 TOTAL CHECKS 36,774.18 VOtJCHRE2 CITY OF TEMECULA PAGE 10 10/31/96 17:32 VOtJCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 62,649.81 165 RDA DEV- LOW/MOD SET ASIDE 2,930.75 190 COMMUNITY SERVICES DISTRICT 16,536.22 191 TCSD SERVICE LEVEL A 6,305.65 192 TCSD SERVICE LEVEL B 57.73 193 TCSD SERVICE LEVEL C 2,358.53 194 TCSD SERVICE LEVEL D 394.21 210 CAPITAL IMPROVEMENT PROJ FUND 33,081.83 280 REDEVELOPMENT AGENCY - CIP 60,072.41 300 INSURANCE FUND 1,299.89 320 INFORMATION SYSTEMS 8,358.76 330 SUPPORT SERVICES 2,996.99 340 FACILITIES 19,820.79 TOTAL 216,863.57 VOUCHRE2 CITY OF TEMECULA PAGE 1 10/31/96 17:32 VOtJCHER/CHECK REGISTER FOR ALL PERIODS VOtJCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 40061 10/25/96 000740 PICCA DELI LUNCH-OLD TOWN PROJECT MEETING 001-110-999-5260 121.22 121.22 40062 10/29/96 002502 SOUNDS OF MUSIC TECHNICS DIGITAL PIANO 210-199-650-5804 2,195.00 40062 10/29/96 002502 SOUNDS OF MUSIC TAX 210-199-650-5804 170.11 2,365.11 161220 10/31/96 000283 WELLSTAX (IRS) 000283 FEDERAL 001-2070 15,930.52 161220 10/31/96 000283 WELLSTAX (IRS) 000283 FEDERAL 165-2070 265.38 161220 10/31/96 000283 WELLSTAX (IRS) 000283 FEDERAL 190-2070 3,584.05 161220 10/31/96 000283 WELLSTAX (IRS) 000283 FEDERAL 191-2070 8.46 161220 10/31/96 000283 WELLSTAX (IRS) 000283 FEDERAL 192-2070 20.93 161220 10/31/96 000283 WELLSTAX (IRS) 000283 FEDERAL 193-2070 475.23 161220 10/31/96 000283 WELLSTAX (IRS) 000283 FEDERAL 194-2070 156.23 161220 10/31/96 000283 WELLSTAX (IRS) 000283 FEDERAL 280-2070 497.65 161220 10/31/96 000283 WELLSTAX (IRS) 000283 FEDERAL 300-2070 123.86 161220 10/31/96 000283 WELLSTAX (IRS) 000283 FEDERAL 320-2070 1,128.22 161220 10/31/96 000283 WELLSTAX (IRS) 000283 FEDERAL 330-2070 116.54 161220 10/31/96 000283 WELLSTAX (IRS) 000283 FEDERAL 340-2070 241.43 161220 10/31/96 000283 WELLSTAX (IRS) 000283 MEDICARE 001-2070 3,528.47 161220 10/31/96 000283 WELLSTAX (IRS) 000283 MEDICARE 165-2070 59.88 161220 10/31/96 000283 WELLSTAX (IRS) 000283 MEDICARE 190-2070 890.76 161220 10/31/96 000283 WELLSTAX (IRS) 000283 MEDICARE 191-2070 2.28 161220 10/31/96 000283 WELLSTAX (IRS) 000283 MEDICARE 192-2070 5.70 161220 10/31/96 000283 WELLSTAX (IRS) 000283 MEDICARE 193-2070 101.96 161220 10/31/96 000283 WELLSTAX (IRS) 000283 MEDICARE 194-2070 35.70 161220 10/31/96 000283 WELLSTAX (IRS) 000283 MEDICARE 280-2070 113.65 161220 10/31/96 000283 WELLSTAX (IRS) 000283 MEDICARE 300-2070 22.32 161220 10131/96 000283 WELLSTAX (IRS) 000283 MEDICARE 320-2070 158.02 161220 10/31/96 000283 WELLSTAX (IRS) 000283 MEDICARE 330-2070 31.14 161220 10/31196 000283 WELLSTAX (IRS) 000283 MEDICARE 340-2070 90.16 27,588.54 180171 10/31/96 000444 WELLSTAX (EDD) 000444 SDI 001-2070 112.24 180171 10/31/96 000444 WELLSTAX (EDD) 000444 SDI 165-2070 2.82 180171 10/31/96 000444 WELLSTAX (EDD) 000444 SDI 190-2070 73.47 180171 10/31/96 000444 WELLSTAX (EDD) 000444 SDI 193-2070 6.20 180171 10/31/96 000444 WELLSTAX (EDD) 000444 SDI 280-2070 15.72 180171 10/31/96 000444 WELLSTAX (EDD) 000444 SDI 320-2070 26.93 180171 10131/96 000444 WELLSTAX (EDD) 000444 SDI 340-2070 2.89 180171 10/31/96 000444 WELLSTAX (EDD) 000444 STATE 001-2070 4,237.52 180171 10/31/96 000444 WELLSTAX (EDD) 000444 STATE 165-2070 89.03 180171 10131/96 000444 WELLSTAX (EDD) 000444 STATE 190-2070 840.90 180171 10/31/96 000444 WELLSTAX (EDD) 000444 STATE 191-2070 1.46 180171 10/31/96 000444 WELLSTAX (EDD) 000444 STATE 192-2070 3.44 180171 10/31/96 000444 WELLSTAX (EDD) 000444 STATE 193-2070 109.17 180171 10/31/96 000444 WELLSTAX (EDD) 000444 STATE 194-2070 28.49 180171 10/31/96 000444 WELLSTAX (EDD) 000444 STATE 280-2070 142.66 180171 10/31/96 000444 WELLSTAX (EDD) 000444 STATE 300-2070 37.75 180171 10/31/96 000444 WELLSTAX (EDD) 000444 STATE 320-2070 334.76 180171 10131196 000444 WELLSTAX (EDD) 000444 STATE 330-2070 29.78 180171 10/31/96 000444 WELLSTAX (EDD) 000444 STATE 340-2070 37.68 6,132.91 40065 10/31/96 000724 A & R CUSTOM SCREEN PRI SOFTBALL PROGRAM AWARDS 190-183-999-5380 337.43 337.43 VOUCHRE2 CITY OF TEMECULA PAGE 2 10/31/96 17:32 VO(JCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 40066 10/31/96 000745 A T & T 050-125-2204-001 SPECIAL EVENT 190-180-999-5208 5.15 5.15 40067 10/31/96 002278 ABC SEWING & VACUUM VACUUM FOR NEW CITY HALL 340-199-701-5242 394.65 40067 10/31/96 002278 ABC SEWING & VACUUM CREDIT:VACUUM INV INCORRECT 340-199-701-5242 20.33- 374.32 40068 10/31/96 002301 AMERICAN CONSTRUCTION MEMBERSHIP:M.WOLFF 001-165-999-5226 125.00 125.00 40069 10/31/96 002194 AMERICAN PLANNING ASSN. MEMBERSHIP:C.RUIZ 96/97 001-161-999-5226 163.00 163.00 40070 10/31/96 002480 ANIXTER, INC VIDEO AMPLIFIER 320-199-999-5242 378.30 40070 10/31/96 002480 ANIXTER, INC FREIGHT 320-199-999-5242 11.67 40070 10/31/96 002480 ANIXTER, INC TAX 320-199-999-5242 29.32 419.29 40071 10/31/96 APEX CURTAIN WALL GROUP REFUND:SECURITY DEPOSIT 190-2900 100.00 100.00 40072 10/31/96 000101 APPLE ONE, INC. TEMP HELP W/E 9/21 WILLIAMS 001-162-999-5118 144.48 40072 10/31/96 000101 APPLE ONE, INC. TEMP HELP WE 9/28 WILLIAMS 001-162-999-5118 361.20 505.68 40073 10/31/96 002085 BARNEY & BARNEY PROPERTY INS-PUJOL ST 300-199-999-5204 236.00 236.00 40074 10/31/96 001950 BECHTEL MAINTENANCE SER SEAL EXT. WINDOWS-CITY HALL 340-199-701-5212 900.00 40074 10/31/96 001950 BECHTEL MAINTENANCE SER EXTERIOR WINDOW CLEANING 340-199-701-5212 340.00 40074 10/31/96 001950 BECHTEL MAINTENANCE SER EXTERIOR WINDOW CLEANING 340-199-701-5212 346.00 1,586.00 40075 10/31/96 002145 SIOCOM - SAN DIEGO SEMINAR:M.MCLARNEY-11/6 BIOCOM 001-110-999-5260 25.00 25.00 40076 10/31/96 BOGNACKI, CHRISTINE REFUND:TWO DAY ART CAMP 190-183-4982 40.00 40.00 40077 10/31/96 000126 CALIFORNIA LANDSCAPE MA TRIM TREES - SOLANA WAY 193-180-999-5212 50.00 40077 10/31/96 000126 CALIFORNIA LANDSCAPE MA MISC. TREE TRIMMING 193-180-999-5212 120.00 40077 10131/96 000126 CALIFORNIA LANDSCAPE MA TRIM TREES - RANCHO SOLANA 193-180-999-5212 75.00 40077 10131/96 000126 CALIFORNIA LANDSCAPE MA TRIM PINE TREES-CALLE VISTA RD 193-180-999-5212 120.00 40077 10131/96 000126 CALIFORNIA LANDSCAPE MA TRIM CA. PEPPER TREE-CALLE RIO 193-180-999-5212 40.00 40077 10/31196 000126 CALIFORNIA LANDSCAPE MA ELEC CONDUIT-TEM DUCK POND 210-190-143-5804 2,296.50 2,701.50 40078 10/31/96 000131 CARL WARREN & CO., INC. OLD VAIL PARTNERS 11/12/93 300-199-999-5205 176.38 40078 10/31/96 000131 CARL WARREN & CO., INC. PRATT & HOXSEY 03/26/96 300-199-999-5205 160.38 40078 10/31/96 000131 CARL WARREN & CO., INC. R. HEMME 07/24/95 300-199-999-5205 434.75 771.51 40079 10/31/96 000135 CENTRAL CITIES SIGN SER (6)HANDICAP SIGNS 190-180-999-5244 57.15 40079 10/31/96 000135 CENTRAL CITIES SIGN SER PARKING LOT SIGNS-CITY HALL 210-199-650-5804 974.50 40079 10/31/96 000135 CENTRAL CITIES SIGN SER TAX 210-199-650-5804 75.52 40079 10/31/96 000135 CENTRAL CITIES SIGN SER STREET SIGNS & MISC HARDWARE 001-164-601-5244 681.90 40079 10/31/96 000135 CENTRAL CITIES SIGN SER TAX 001-164-601-5244 52.85 40079 10/31/96 000135 CENTRAL CITIES SIGN SER TEMPORARY "NO PARKING', SIGNS 190-180-999-5301 50.05 40079 10/31/96 000135 CENTRAL CITIES SIGN SER TAX 190-180-999-5301 3.88 40079 10/31/96 000135 CENTRAL CITIES SIGN SER MISC HARWARE FOR SIGNS 001-164-601-5244 38.85 40079 10/31/96 000135 CENTRAL CITIES SIGN SER STREET SIGNS & MISC HARDWARE 001-164-601-5244 140.08 2,074.78 40080 10/31/96 001197 CHOCOLATE FLORIST, THE SISTER CITY CHOCOLATE SEALS 001-100-999-5280 88.00 88.00 VOUCHRE2 CITY OF TEMECULA PAGE 3 10/31/96 17:32 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 40081 10/31/96 002511 COLOR CODE COMMUNICATIO COLOR CODE COMMUNICATION BOOK 001-150-999-5228 169.50 40081 10/31/96 002511 COLOR CODE COMMUNICATIO FREIGHT 001-150-999-5228 10.00 179.50 40082 10/31/96 002037 COM-AID, INC. MISC REPAIR & MAINT OF EQUIP 320-199-999-5215 80.81 40082 10/31/96 002037 COM-AID, INC. TELEPHONE SYSTEM FOR CITY HALL 210-199-650-5610 1,004.50 1,085.31 40083 10/31/96 001193 COMP USA, INC. MISC COMPUTER SUPPLIES 320-199-999-5221 92.67 92.67 40084 10/31/96 002405 COMPUTER PROTECTION TEC FREIGHT 320-1970 231.87 231.87 40085 10/31/96 000447 COMTRONIX OF HEMET RADIO ANTENNAS AND FEEDLINES 210-199-650-5804 33.75 40085 10/31/96 000447 COMTRONIX OF HEMET LABOR 210-199-650-5804 180.00 40085 10/31/96 000447 COMTRONIX OF HEMET TAX 210-199-650-5804 2.62 216.37 40086 10/31/96 002450 CONSOLIDATED MEDIA SYST BROADCAST SYSTEM NEW CITY HALL 210-199-650-5804 4,105.00 40086 10/31/96 002450 CONSOLIDATED MEDIA SYST TAX 210-199-650-5804 318.14 4,423.14 40087 10/31/96 001014 COUNTRY SIGNS & DESIGNS 361, CITY SEAL AND INSTALLATION 210-199-650-5804 2,233.99 2,233.99 40088 10/31/96 001009 D B X, INC. UTILITY SLEEVE INSTALLATION 191-180-999-5240 1,900.00 1,900.00 40089 10/31/96 000155 DAVLIN TAPING OF PLANNING COMM MTGS 001-161-999-5250 156.68 156.68 40090 10/31/96 001380 E S I EMPLOYMENT SERVIC TEMP HELP W/E 10/11 VAN FLEET 001-162-999-5118 2,291.00 40090 10/31/96 001380 E S I EMPLOYMENT SERVIC TEMP HELP (2)W/ElO/18 VANFLEET 001-162-999-5118 928.00 3,219.00 40091 10/31/96 000161 EDEN SYSTEMS, INC. MANUAL CK PRINTING PROGRAM 320-199-999-5211 400.00 400.00 40092 10/31/96 001455 ELECTRICAL CONCEPTS, IN ELECT CONNECTIONS-CITY HALL 210-199-650-5804 4,463.00 4,463.00 40093 10/31/96 001408 ENVIRONMENTAL CONTROL S ASBESTOS REMOVAL, N PUJOL 165-199-812-5804 2,245.00 2,245.00 40094 10131/96 000478 FAST SIGNS PRO RODEO BANNER 280-199-999-5270 191.00 40094 10131/96 000478 FAST SIGNS TAX 280-199-999-5270 14.80 205.80 40095 10/31196 001989 FOX NETWORK SYSTEMS, IN DUAL HP INTERNAL CD-R DRIVE 320-1970 1,598.00 40095 10/31/96 001989 FOX NETWORK SYSTEMS, IN FREIGHT 320-1970 34.95 40095 10/31/96 001989 FOX NETWORK SYSTEMS, IN TAX 320-1970 123.85 1,756.80 40096 10/31/96 000170 FRANKLIN QUEST COMPANY, FRANKLIN - DAY PLANNERS 001-161-999-5220 31.24 31.24 40097 10/31/96 000184 G T E CALIFORNIA PAYM 909 181-1123 GENERAL USAGE 320-199-999-5208 545.74 40097 10/31/96 000184 G T E CALIFORNIA PAYM 909 676-3526 GENERAL USAGE 320-199-999-5208 802.24 40097 10/31/96 000184 G T E CALIFORNIA PAYM 909 676-6243 PALA COMM PRK 320-199-999-5208 26.80 40097 10/31/96 000184 G T E CALIFORNIA PAYM 909 694-1993 GENERAL USAGE 320-199-999-5208 1,181.61 40097 10/31/96 000184 G T E CALIFORNIA PAYM 909 694-4354 PALA COMM PRK 320-199-999-5208 29.52 40097 10131/96 000184 G T E CALIFORNIA PAYM 909 695-3564 ALARM 320-199-999-5208 52.05 40097 10131196 000184 G T E CALIFORNIA PAYN 909 699-2475 PUBLIC WORKS 001-164-601-5208 36.79 40097 10131196 000184 G T E CALIFORNIA PAYM 909 699-7945 CRC FIRE ALARM 320-199-999-5208 52.55 40097 10/31/96 000184 G T E CALIFORNIA PAYM 909 699-8632 GENERAL USAGE 320-199-999-5208 27.43 2,754.73 VOUCHRE2 CITY OF TEMECULA PAGE 4 10/31/96 17:32 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 40098 10/31/96 001164 GABRIEL, RICHARD NOV RENT CITY MAINT YARD 001-164-601-5234 440.00 40098 10/31/96 001164 GABRIEL, RICHARD NOV RENT CITY MAINT YARD 190-180-999-5234 352.00 40098 10/31/96 001164 GABRIEL, RICHARD NOV RENT CITY MAINT YARD 001-162-999-5234 88.00 880.00 40099 10/31/96 000177 GLENNIES OFFICE PRODUCT GENERAL SUPPLIES FOR CRC 190-182-999-5220 83.70 40099 10/31/96 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES FOR COPY ROOM 330-199-999-5220 180.31 40099 10/31/96 000177 GLENNIES OFFICE PRODUCT MISCELLANEOUS OFFICE SUPPLIES 001-120-999-5220 15.09 40099 10/31/96 000177 GLENNIES OFFICE PRODUCT MISC. OFFICE SUPPLIES 190-182-999-5220 37.73 40099 10/31/96 000177 GLENNIES OFFICE PRODUCT MISC. OFFICE SUPPLIES-TEM. P.D 001-170-999-5220 71.09 40099 10/31/96 000177 GLENNIES OFFICE PRODUCT MISCELLANEOUS OFFICE SUPPLIES 001-120-999-5220 360.36 40099 10/31/96 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES FINANCE DEPT. 001-140-999-5220 151.14 40099 10/31/96 000177 GLENNIES OFFICE PRODUCT MISCELLANEOUS OFFICE SUPPLIES 001-162-999-5220 3.63 40099 10/31/96 000177 GLENNIES OFFICE PRODUCT OFFICE SUPPLIES FINANCE DEPT. 001-140-999-5220 71.35 974.40 40100 10/31/96 000192 GLOBAL COMPUTER SUPPLIE ERGONOMIC KEYBOARD DRAWER 320-199-999-5221 39.95 40100 10/31/96 000192 GLOBAL COMPUTER SUPPLIE (2)MOUSE SHELF 320-199-999-5221 41.90 40100 10/31/96 000192 GLOBAL COMPUTER SUPPLIE DESKTOP KEYBOARD DRAWER 320-199-999-5221 54.95 40100 10/31/96 000192 GLOBAL COMPUTER SUPPLIE MEDIA RACK 320-199-999-5221 54.95 40100 10/31/96 000192 GLOBAL COMPUTER SUPPLIE WALL MOUNT BRACKET 320-199-999-5221 23.95 40100 10131/96 000192 GLOBAL COMPUTER SUPPLIE MALE ADAPTORS 320-199-999-5221 17.90 40100 10/31/96 000192 GLOBAL COMPUTER SUPPLIE FEMALE ADAPTORS 320-199-999-5221 17.90 40100 10/31/96 000192 GLOBAL COMPUTER SUPPLIE (12)DUST BLASTERS DISPOSABLE 320-199-999-5221 64.20 40100 10/31/96 000192 GLOBAL COMPUTER SUPPLIE FREIGHT 320-199-999-5221 21.98 40100 10/31/96 000192 GLOBAL COMPUTER SUPPLIE TAX 320-199-999-5221 25.17 362.85 40101 10/31/96 001609 GREATER ALARM COMPANY, OCT ALARM MONITORING-STORAGE 340-199-701-5250 35.00 40101 10/31/96 001609 GREATER ALARM COMPANY, ALARM MONITORING - MAINT YARD 001-162-999-5250 7.50 40101 10/31/96 001609 GREATER ALARM COMPANY, ALARM MONITORING - MAINT YARD 190-180-999-5250 30.00 40101 10/31/96 001609 GREATER ALARM COMPANY, ALARM MONITORING - MAINT YARD 001-164-601-5250 37.50 110.00 40102 10/31/96 GRIZZLE & HUNTER PLASTI REFUND:SECURITY DEPOSIT 190-2900 100.00 100.00 40103 10/31/96 HALL, AMY REFUND:SECURITY DEPOSIT 190-2900 100.00 100.00 40104 10/31/96 000388 1 C B 0, INC. STAFF TRAINING VIDEO/WORKBOOK 001-162-999-5261 115.00 115.00 40105 10/31/96 001573 INLAND EMPIRE TOURISM C MTG:IETC 11/6-WOLNICK,MCLARNEY 001-110-999-5260 45.00 45.00 40106 10/31/96 001407 INTER VALLEY POOL SUPPL POOL SANITIZING CHEMICALS 190-182-999-5212 207.45 207.45 40107 10/31/96 000199 INTERNAL REVENUE SERVIC 000199 IRS GARN 001-2140 310.12 310.12 40108 10/31/96 001652 JERRY KELLETT PAINTING WASH/PAINT EXTERIOR CITY HALL 210-199-650-5804 5,000.00 5,000.00 40109 10/31/96 000206 KINKO'S OF RIVERSIDE, I COPY SERVICES - PLANNING 001-161-999-5222 469.83 40109 10/31/96 000206 KINKOIS OF RIVERSIDE, I STATIONERY PAPER/MISC SUPPLIES 330-199-999-5220 11.86 481.69 40110 10/31/96 002512 LA MASTERS OF FINE JEWE PRESENTATION GIFTS FOR JAPAN 001-100-999-5280 250.00 40110 10/31/96 002512 LA MASTERS OF FINE JEWE TAX 001-100-999-5280 19.38 269.38 40111 10/31/96 000380 LAIDLAW TRANSIT, INC. BUS FOR KNOTTS SCARY FARM TRIP 190-183-999-5350 387.74 387.74 VOUCHRE2 CITY OF TEMECULA PAGE 5 10/31/96 17:32 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 40112 10/31/96 002011 MARTIN, KATHY TCSD INSTRUCTOR EARNINGS 190-183-999-5330 656.48 656.48 40113 10/31/96 000843 MCDANIEL ENGINEERING CO SEPT PRGSS-WINCH & I-15 BRIDGE 280-199-602-5804 617.50 617.50 40114 10/31/96 001905 MEYERS, DAVID WILLIAM TCSD INSTRUCTOR EARNINGS 190-183-999-5330 544.00 544.00 40115 10/31/96 001868 MIYAMOTO, SUSAN TCSD INSTRUCTOR EARNINGS 190-183-999-5330 156.80 156.80 40116 10/31/96 000228 MOBIL, INC. FUEL FOR CITY VEHICLES 001-161-999-5263 16.76 40116 10/31/96 000228 MOBIL, INC. FUEL FOR CITY VEHICLES 001-170-999-5262 137.40 154.16 40117 10/31/96 MT SAN JACINTO COLLEGE REFUND:ROOM RENTAL/SEC DEPOSIT 190-183-4990 75.00 40117 10/31/96 MT SAN JACINTO COLLEGE REFUND:ROOM RENTAL/SEC DEPOSIT 190-2900 100.00 175.00 40118 10/31/96 002033 NATIONAL CRIME PREVENTI MCGRUFF HALLOWEEN BAGS 190-183-999-5370 177.50 40118 10/31/96 002033 NATIONAL CRIME PREVENTI FREIGHT 190-183-999-5370 20.33 197.83 40119 10/31/96 000232 NEET, JOHN P., MAI APPRAISAL-lst ST EXT/BRDGE PRJ 280-199-807-5802 1,000.00 1,000.00 40120 10/31/96 001584 NEWPORT PRINTING SYSTEM ACCOUNTS PAYABLE CHECKS 001-140-999-5222 1,937.11 40120 10/31/96 001584 NEWPORT PRINTING SYSTEM TEMPLATE CHARGES FOR CITY HALL 001-140-999-5222 40.00 40120 10/31/96 001584 NEWPORT PRINTING SYSTEM FREIGHT 001-140-999-5222 20.25 40120 10/31/96 001584 NEWPORT PRINTING SYSTEM TAX 001-140-999-5222 153.23 40120 10/31/96 001584 NEWPORT PRINTING SYSTEM 300 FLEX BENEFIT CHECKS. 001-140-999-5222 412.51 40120 10/31/96 001584 NEWPORT PRINTING SYSTEM TEMPLATE CHARGES FOR CITY HALL 001-140-999-5222 40.00 40120 10/31/96 001584 NEWPORT PRINTING SYSTEM FREIGHT 001-140-999-5222 2.25 40120 10/31196 001584 NEWPORT PRINTING SYSTEM TAX 001-140-999-5222 35.07 2,640.42 40121 10/31196 002139 NORTH COUNTY TIMES - AT CAT 40 RIDER SCRUBBR 001-120-999-5256 21.30 40121 10131196 002139 NORTH COUNTY TIMES - AT LEGAL NOTICE PH-249 001-120-999-5256 31.95 40121 10/31/96 002139 NORTH COUNTY TIMES - AT PUBLIC NOTICES DEV CODE AMEND 001-120-999-5256 29.82 83.07 40122 10/31/96 002100 OBJECT RADIANCE TCSD INSTRUCTOR EARNINGS 190-183-999-5330 806.40 806.40 40123 10/31/96 002105 OLD TOWN TIRE & SERVICE VEHICLE MAINTENANCE & REPAIR 001-164-601-5214 95.64 40123 10/31/96 002105 OLD TOWN TIRE & SERVICE VEHICLE MAINTENANCE & REPAIR 001-164-601-5214 333.03 40123 10/31/96 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE REPAIRS & MAINT 001-165-999-5214 340.50 769.17 40124 10/31/96 002088 OLD TOWN TYPEWRITER TYPEWRITER REPAIR - CASHIER 001-140-999-5250 65.00 65.00 40125 10131/96 000241 ORANGE SPORTING GOODS, 10 DOZ SOFTRALLS 190-183-999-5380 409.50 40125 10/31/96 000241 ORANGE SPORTING GOODS, FREIGHT 190-183-999-5380 12.75 40125 10131/96 000241 ORANGE SPORTING GOODS, TAX 190-183-999-5380 31.74 453.99 40126 10/31/96 001171 ORIENTAL TRADING CO., I SUPPLIES FOR HALLOWEEN EVENT 190-183-999-5370 402.90 402.90 40127 10131196 000246 PERS (EMPLOYEES' RETIRE 000246 PER REDE 001-2130 278.98 40127 10/31/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 001-2390 14,397.85 40127 10/31/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 165-2390 240.14 40127 10/31/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 190-2390 2,923.30 40127 10/31/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 191-2390 11.02 VOtJCHRE2 CITY OF TEMECULA PAGE 6 10/31/96 17:32 VOtJCHER/CHECK REGISTER FOR ALL PERIODS VO(JCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 40127 10/31/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 192-2390 27.52 40127 10131/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 193-2390 378.57 40127 10131/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 194-2390 172.82 40127 10/31196 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 280-2390 273.93 40127 10/31/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 300-2390 107.99 40127 10/31/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 320-2390 292.08 40127 10/31/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 330-2390 124.91 40127 10/31/96 000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET 340-2390 353.77 40127 10/31/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 001-2390 57.30 40127 10/31/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 165-2390 .84 40127 10/31/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 190-2390 12.64 40127 10/31/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 191-2390 .05 40127 10/31/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 192-2390 .14 40127 10/31/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 193-2390 1.78 40127 10/31/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 194-2390 .97 40127 10/31/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 280-2390 .92 40127 10/31/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 300-2390 .46 40127 10/31/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 320-2390 .93 40127 10/31/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 330-2390 .93 40127 10/31/96 000246 PERS (EMPLOYEES' RETIRE 000246 SURVIVOR 340-2390 2.09 19,661.93 40128 10/31/96 001958 PERS LONG TERM CARE PRO 001958 PERS L-T 001-2122 40.62 40.62 40129 10/31/96 002498 PETRA GEOTECHNICAL, INC PROF GEOTECHNICAL SERVICES 210-165-637-5804 1,000.00 1,000.00 40130 10/31/96 000580 PHOTO WORKS FILM & PHOTO DEVELOPING 001-163-999-5250 9.71 9.71 40131 10/31/96 000254 PRESS-ENTERPRISE COMPAN PUBLIC NOTICE PA96-0199 001-161-999-5256 69.84 69.84 40132 10/31/96 002110 PRIME EQUIPMENT PORTABLE RENTALS @ CITY PRKS 190-180-999-5238 211.95 211.95 40133 10/31/96 QUICK, ALMA REFUND-ROOM RENTAL 190-183-4990 81.00 40133 10/31/96 QUICK, ALMA REFUND-ROOM RENTAL 190-2900 100.00 181.00 40134 10/31/96 000546 RADIO SHACK HISC COMPUTER SUPPLIES 320-199-999-5221 103.07 103.07 40135 10/31/96 000728 RAMSEY BACKFLOW & PLUMB BACKFLOW TESTING @ PRK SITES 193-180-999-5212 100.00 100.00 40136 10/31/96 000262 RANCHO CALIFORNIA WATER 02-79-10100-1 DIAZ RD 190-180-999-5240 70.18 70.18 40137 10/31/96 000426 RANCHO INDUSTRIAL SUPPL MISC JANITORIAL SUPPLIES 190-180-999-5212 46.55 46.55 40138 10/31/96 002400 REBEL TEMECULA TRAILER RENTAL FOR PW MAINT 001-164-601-5238 90.00 40138 10/31/96 002400 REBEL TEMECULA TRAILER RENTAL FOR PW MAINT 001-164-601-5238 120.00 40138 10/31/96 002400 REBEL TEMECULA (2) 500 WATT LIGHT STANDS 001-164-601-5242 600.00 40138 10/31/96 002400 REBEL TEMECULA TAX 001-164-601-5242 46.65 40138 10/31/96 002400 REBEL TEMECULA TRAILER RENTAL FOR PW MAINT 001-164-601-5238 105.00 40138 10/31/96 002400 REBEL TEMECULA TRAILER RENTAL FOR PW MAINT 001-164-601-5238 70.00 1,031.65 40139 10/31/96 000266 RIGHTWAY PORTABLE TOILET FOR CITY YARD 001-164-601-5238 57.39 40139 10/31/96 000266 RIGHTWAY PORTABLE RENTALS RIVERTON PRK 190-180-999-5238 62.89 VOUCHRE2 CITY OF TEMECULA PAGE 7 10/31/96 17:32 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 40139 10/31/96 000266 RIGHTWAY PORTABLE RENTALS FOR DUCK POND 190-180-999-5238 172.50 292.78 40140 10/31/96 002322 RIVERSIDE CO CITATION COUNTY CITATION # 659157 001-2260 5.00 40140 10/31/96 002322 RIVERSIDE CO CITATION COUNTY CITATION # 659157 001-170-4055 45.00 50.00 40141 10/31/96 000418 RIVERSIDE CO. CLERK & R APERTURE CARDS DUPLICATES 001-163-999-5220 5.00 5.00 40142 10/31/96 000406 RIVERSIDE CO. SHERIFFIS CRIME PREVENTION SUMMIT:10/21 001-110-999-5223 75.00 75.00 40143 10/31/96 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-164-601-5263 544.05 40143 10/31/96 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-165-999-5263 80.32 40143 10/31/96 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-163-999-5263 196.54 40143 10/31/96 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 001-162-999-5263 145.10 40143 10/31/96 000704 S K S, INC/INLAND OIL FUEL FOR CITY VEHICLES 190-180-999-5263 346.82 1,312.83 40144 10/31/96 002529 SAF-T-CO SUPPLY FIBER OPTIC FOR TRAFFIC SIGNAL 210-165-640-5804 714.38 714.38 40145 10/31/96 000278 SAN DIEGO UNION TRIBUNE JOB RECRUITMENT ANNOUNCEMENTS 001-150-999-5254 230.40 230.40 40146 10131/96 002505 SIGNS AND LUCITE PRODUC ADDITIONAL INTERIOR SIGNAGE 210-199-650-5804 372.00 40146 10/31/96 002505 SIGNS AND LUCITE PRODUC FREIGHT 210-199-650-5804 15.00 40146 10/31196 002505 SIGNS AND LUCITE PRODUC TAX 210-199-650-5804 30.69 417.69 40147 10/31/96 000519 SOUTH COUNTY PEST CONTR PEST CNTRL SERVS-CITY HALL 340-199-701-5250 56.00 56.00 40148 10/31/96 000537 SOUTHERN CALIF EDISON 2-03-464-4989 VARIOUS METERS 193-180-999-5240 48.37 40148 10/31/96 000537 SOUTHERN CALIF EDISON 2-00-397-5026 VARIOUS METERS 191-180-999-5319 4,382.38 40148 10/31/96 000537 SOUTHERN CALIF EDISON 2-00-397-5042 VARIOUS METERS 340-199-701-5240 31721.04 40148 10/31/96 000537 SOUTHERN CALIF EDISON 2-00-397-5067 VARIOUS METERS 193-180-999-5240 660.56 40148 10/31/96 000537 SOUTHERN CALIF EDISON 2-02-351-7790 RANCHO VISTA 193-180-999-5240 13.57 8,825.92 40149 10/31/96 000375 SOUTHERN CALIF TELEPHON 909 202-4764 KH 190-180-999-5208 85.60 40149 10/31/96 000375 SOUTHERN CALIF TELEPHON 909 202-3800 MW 190-180-999-5208 58.64 144.24 40150 10/31/96 000282 SOUTHERN CALIF. MUNICIP MEMBER SCMAF INSTITUTE 190-180-999-5261 30.00 40150 10131/96 000282 SOUTHERN CALIF. MUNICIP NON-MEMBERS 190-180-999-5261 80.00 110.00 40151 10/31196 000291 SPEE DEE OIL CHANGE & T CITY VEHICLE MAINT. & REPAIRS 001-162-999-5214 23.99 23.99 40152 10/31/96 ST.JOHN, COSTAS REMOVAL OF NON-CONFORMING SIGN 280-199-813-5804 500.00 500.00 40153 10/31/96 000303 SYSTEM 2/90 WALL MOUNT SIGNS 210-199-650-5804 864.00 40153 10/31/96 000303 SYSTEM 2/90 PANEL MOUNT SIGNS 210-199-650-5804 475.20 40153 10/31/96 000303 SYSTEM 2/90 LETTER COPY FOR NAME PLATES 210-199-650-5804 257.67 40153 10/31/96 000303 SYSTEM 2/90 FREIGHT 210-199-650-5804 20.00 40153 10/31/96 000303 SYSTEM 2/90 TAX 210-199-650-5804 123.76 1,740.63 40154 10/31/96 000307 TEMECULA TROPHY CO. TEEN PROGRAMS AWARDS 190-183-999-5320 55.31 55.31 40155 10/31/96 001633 TEMECULA VALLEY ECONOMI 96/97 FUNDING PER ECON DEV PLN 280-199-999-5264 36,400.00 36,400.00 VOUCHRE2 CITY OF TEMECULA PAGE 8 10/31/96 17:32 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 40156 10/31/96 000957 TEMECULA VALLEY FILM 96/97 FUNDING ECON DEV PLAN 280-199-999-5264 20,000.00 20,000.00 40157 10/31/96 001685 TEMECULA VALLEY IN-LINE 95-96 COMM SERV FUNDING 001-100-999-5267 5,000.00 5,000.00 40158 10/31/96 000320 TOWNE CENTER STATIONERS OFFICE SUPPLIES FOR CIP 001-165-999-5220 86.15 40158 10/31/96 000320 TOWNE CENTER STATIONERS OFFICE SUPPLIES 001-161-999-5220 186.85 273.00 40159 10/31/96 002016 TSUTSUMIDA & ASSOCIATES CITY HALL DESIGN-ELECT REVISE 210-199-650-5804 3,000.00 3,000.00 40160 10/31/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 001-2160 1,190.12 40160 10/31/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 165-2160 26.46 40160 10/31/96 000389 U S C M IPEBSCO (OBRA) 000389 PT RETIR 190-2160 688.88 40160 10/31/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 193-2160 58.12 40160 10131/96 000389 U S C N /PEBSCO (OBRA) 000389 PT RETIR 280-2160 147.38 40160 10131/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 320-2160 252.52 40160 10131/96 000389 U S C M /PEBSCO (OBRA) 000389 PT RETIR 340-2160 27.12 2,390.60 40161 10/31/96 002065 UNISOURCE WHITE COPY PAPER 330-199-999-5220 1,096.00 40161 10/31/96 002065 UNISOURCE TAX 330-199-999-5220 84.94 40161 10/31/96 002065 UNISOURCE WHITE COPY PAPER 330-199-999-5220 1,096.00 40161 10/31/96 002065 UNISOURCE WHITE LASER PAPER FOR COLOR 330-199-999-5220 129.60 40161 10/31/96 002065 UNISO(JRCE TAX 330-199-999-5220 94.98 2,501.52 40162 10/31/96 000325 UNITED WAY OF THE INLAN 000325 uw 001-2120 76.10 40162 10/31/96 000325 UNITED WAY OF THE INLAN 000325 uw 165-2120 1.20 40162 10/31/96 000325 UNITED WAY OF THE INLAN 000325 uw 190-2120 15.00 40162 10/31/96 000325 UNITED WAY OF THE INLAN 000325 uw 280-2120 1.20 93.50 40163 10/31/96 000326 UNITOG RENTAL SERVICE, FLOOR MAT RENTAL @ TEM C.C. 190-184-999-5250 27.10 40163 10/31/96 000326 UNITOG RENTAL SERVICE, UNIFORMS FOR PUBLIC WORKS 001-164-601-5243 111.72 40163 10/31/96 000326 UNITOG RENTAL SERVICE, UNIFORM MAINT. FOR TCSD 190-180-999-5243 140.83 40163 10/31/96 000326 UNITOG RENTAL SERVICE, FLOOR MAT RENTAL @ CITY HALL 340-199-701-5250 95.92 40163 10/31/96 000326 UNITOG RENTAL SERVICE, FLOOR MAT RENTAL @ CRC 190-182-999-5250 86.80 40163 10/31/96 000326 UNITOG RENTAL SERVICE, FLOOR MAT RENTAL @ SR. CTR 190-181-999-5250 44.52 506.89 40164 10131/96 001209 VAULT INC., THE DATA STORAGE - CARTRIDGE CTR 001-120-999-5277 426.63 426.63 40165 10/31/96 VINTERS DISTRIBUTORS IN REIMB-OVRPMT PERMIT B96-0968 001-162-4060 249.00 249.00 40166 10/31/96 001890 VORTEX DOORS DOOR MAINT & REPAIR @ C.R.C. 190-182-999-5212 450.55 450.55 40167 10/31/96 001342 WAXIE SANITARY SUPPLY, BLDG MAINT SUPPLIES 340-199-701-5212 146.58 40167 10/31/96 001342 WAXIE SANITARY SUPPLY, BLDG MAINT SUPPLIES 340-199-701-5212 43.34 189.92 40168 10/31/96 001002 WELLS FARGO BANK 5473-6664-0391-0040/PB/OCT 001-100-999-5258 122.22 40168 10/31/96 001002 WELLS FARGO BANK 5473-6664-0391-0222/RRIOCT 001-100-999-5258 254.16 40168 10/31/96 001002 WELLS FARGO BANK 5473-6664-0391-0115/JG/OCT 001-120-999-5260 24.60 40168 10/31/96 001002 WELLS FARGO BANK 5473-6664-0391-0123-GT/OCT 001-161-999-5260 55.99 40168 10/31/96 001002 WELLS FARGO BANK 5473-6664-0391-0123-GT/OCT 001-161-999-5228 25.42 40168 10/31/96 001002 WELLS FARGO BANK 5473-6664-0391-0123-GT/OCT 280-199-999-5258 156.00 40168 10131/96 001002 WELLS FARGO BANK 5473-6664-0391-0214-JK-OCT 001-164-604-5260 80.00 718.39 VOUCHRE2 CITY OF TEMECULA PAGE 9 10/31/96 17:32 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 40169 10/31/96 002198 WEST CONSULTANTS, INC SCOUR ANALYSIS WESTERN BYPASS 210-165-612-5802 3,186.50 40169 10/31/96 002198 WEST CONSULTANTS, INC CREDIT-OVRCHRGED PER CONTRACT 210-165-612-5802 30.00- 3,156.50 40170 10/31/96 002402 WILLIAMIS CABINETS CITY HALL CABINET FOR SUPPLIES 340-199-701-5250 220.00 40170 10/31/96 002402 WILLIAM'S CABINETS CITY HALL SUPPLIES CABINETS 340-199-701-5250 770.00 40170 10/31/96 002402 WILLIAMIS CABINETS CITY HALL SUPPLIES CABINETS 340-199-701-5250 50.00 1,040.00 40171 10/31/96 001939 WINDSOR PROJECTS, INC. NOV 96 RENT/OCT CAM 340-199-701-5234 11,967.45 11,967.45 40172 10/31/96 002473 YUCAIPA AUTO & TRAILER ENCLOSED TRAILER WITH ROOF 001-164-601-5610 1,330.00 40172 10/31/96 002473 YUCAIPA AUTO & TRAILER TAX 001-164-601-5610 103.07 1,433.07 40173 10/31/96 000348 ZIGLER, GAIL REIMB:REFRESHMENTS GRAND OPEN 001-100-999-5265 493.69 40173 10/31/96 000348 ZIGLER, GAIL REIMB:PROP 218 MTG REFRESHMNTS 190-180-999-5260 70.30 563.99 TOTAL CHECKS 216,863.57 VOUCHRE2 CITY OF TEMECULA PAGE 3 11/01/96 09:32 VOtJCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 189,737.67 165 RDA DEV- LOWIMOD SET ASIDE 15,500.00 190 COMMUNITY SERVICES DISTRICT 29,294.08 191 TCSD SERVICE LEVEL A 926.00 193 TCSD SERVICE LEVEL C 19,608.25 210 CAPITAL IMPROVEMENT PROJ FUND 482,793.29 280 REDEVELOPMENT AGENCY - CIP 226,562.40 340 FACILITIES 496.37 TOTAL 964,918.06 VOUCHRE2 CITY OF TEMECULA PAGE 1 11/01/96 09:32 VO(JCHERICHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 40176 11/12/96 000126 CALIFORNIA LANDSCAPE MA SEPT LDSC MAINT - PARKS 190-180-999-5415 19,651.37 40176 11/12/96 000126 CALIFORNIA LANDSCAPE MA SEPT LDSC MAINT - SEN CENTER 190-181-999-5415 245.67 40176 11/12/96 000126 CALIFORNIA LANDSCAPE MA SEPT LDSC MAINT - CRC 190-182-999-5415 1,692.53 40176 11/12/96 000126 CALIFORNIA LANDSCAPE MA SEPT LDSC MAINT - CITY HALL 340-199-701-5415 496.37 40176 11/12/96 000126 CALIFORNIA LANDSCAPE MA SEPT LDSC MAINT - MEDIANS 191-180-999-5415 926.00 23,011.94 40177 11112/96 002037 COM-AID, INC. TELEPHONE SYSTEM FOR CITY HALL 210-199-650-5610 38,822.91 40177 11/12/96 002037 COM-AID, INC. SYSTEM TRAINING 210-199-650-5610 3,786.80 40177 11/12/96 002037 COM-AID, INC. SYSTEM INSTALLATION 210-199-650-5610 4,033.88 40177 11/12/96 002037 COM-AID, INC. TRADE-IN ALLOWANCE NEC 24001MG 210-199-650-5610 5,721.60- 40177 11/12/96 002037 COM-AID, INC. TAX 210-199-650-5610 9,524.82 40177 11/12/96 002037 COM-AID, INC. TELEPHONE SYSTEM FOR CITY HALL 210-199-650-5610 16,815.60 67,262.41 40178 11/12/96 002450 CONSOLIDATED MEDIA SYST BROADCAST SYSTEM NEW CITY HALL 210-199-650-5804 9,150.00 40178 11/12/96 002450 CONSOLIDATED MEDIA SYST TAX 210-199-650-5804 709.13 9,859.13 40179 11/12/96 001009 D B X, INC. C/O 1 TRAFFIC SIGNAL RUSTIC GL 210-165-647-5804 750.00 40179 11/12/96 001009 D B X, INC. TRAFFIC SIGNAL CONST-RUSTIC GL 210-165-647-5804 42,000.00 40179 11/12/96 001009 D B X, INC. RETENTION W/H TRAFFIC SIGNAL 210-2035 4,275.00- 38,475.00 40180 11/12/96 001408 ENVIRONMENTAL CONTROL S DEMOLITION/CLEAN-UP N PUJOL 165-199-812-5804 15,500.00 15,500.00 40181 11/12/96 000164 ESGIL CORPORATION SEPT PLAN CHECKING SRVCS 001-162-999-5248 11,486.59 11,486.59 40182 11/12/96 001056 EXCEL LANDSCAPE SEPT LDSC MAINT - SLOPES 193-180-999-5415 20,080.77 40182 11/12/96 001056 EXCEL LANDSCAPE SEPT LDSC MAINT -SOPRTS PARK 190-180-999-5415 7,704.51 40182 11/12/96 001056 EXCEL LANDSCAPE CREDIT:DEDUCTION-WATER BILL 193-180-999-5415 472.52- 27,312.76 40183 11/12/96 002468 GENERAL CONSOLIDATED C/O #1-6TH STREET PARKING 280-199-804-5804 9,556.50 40183 11/12/96 002468 GENERAL CONSOLIDATED PRGSS PMT #1 6TH ST PARKING 280-199-804-5804 49,000.00 40183 11/12/96 002468 GENERAL CONSOLIDATED RENTENTION W/H PMT #1-6TH ST 280-2035 5,856.00- 52,700.50 40184 11/12/96 002416 GENESIS CONSTRUCTION PRGSS PMT #2-WALCOTT CORRIDOR 210-165-637-5804 92,523.00 40184 11/12/96 002416 GENESIS CONSTRUCTION RETENTION W/H PMT #2-WALCOTT 210-2035 9,252.30- 83,270.70 40185 11/12/96 002314 INTERSECTION DEVELOPMEN PW96-08 ST LIGHT R.CAL/COSMIC 210-165-664-5804 12,502.24 12,502.24 40186 11/12/96 002499 L.D. KING, INC. INSPECTOR FOR WINCHESTER RD 280-199-602-5801 9,990.00 9,990.00 40187 11/12/96 002164 MAHR CONSTRUCTION SAM HICKS PARK-SEPT PRGSS 280-199-805-5804 23,581.59 40187 11/12/96 002164 MAHR CONSTRUCTION SAM HICK PRK-SEPT PRGSS Co 5/6 280-199-805-5804 3,175.44 40187 11/12/96 002164 MAHR CONSTRUCTION SEPT PRGSS PMT RETENTION W/H 280-2035 2,675.70- 24,081.33 40188 11/12/96 001339 MORTON INTERNATIONAL, I PAINT FOR STREET STENCILING 001-164-601-5218 6,450.00 40188 11/12/96 001339 MORTON INTERNATIONAL, I TAX 001-164-601-5218 532.13 40188 11/12/96 001339 MORTON INTERNATIONAL, I PAINT FOR STREET STENCILING 001-164-601-5218 1,799.50 8,781.63 40189 11/12/96 001713 NORRIS-REPKE, INC. AUG PRGSS-FIRST ST EXTENSION 280-199-807-5802 8,345.75 8,345.75 40190 11/12/96 002181 RIVERSIDE CONSTRUCTION SEPT PRGSS-WINCH/1-15 BRIDGE 280-199-602-5804 138,691.95 40190 11/12/96 002181 RIVERSIDE CONSTRUCTION SEPT PRGSS-CO WINCH/1-15 BRDGE 280-199-602-5804 7,357.85 VOtJCHRE2 CITY OF TEMECULA PAGE 2 11/01/96 09:32 VOtJCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 40190 11/12/96 002181 RIVERSIDE CONSTRUCTION SEPT PRGSS RETENTION W/H 280-2035 14,604.98- 131,444.82 40191 11/12/96 002350 TOVEY/SHULTZ CONSTRUCTI SEPT CITY HALL MODIFICATIONS 210-199-650-5804 26,253.96 40191 11112196 002350 TOVEY/SHULTZ CONSTRUCTI SEPT CITY HALL MODIFICATIONS 210-199-650-5804 64,658.67 40191 11/12196 002350 TOVEY/SHULTZ CONSTRUCTI SEPT PRGSS CITY HALL MODIFICAT 210-199-650-5804 202,921.03 40191 11/12/96 002350 TOVEY/SHULTZ CONSTRUCTI RETENTION W/H SEPT PRGSS 210-2035 29,383.37- 264,450.29 40192 11/12/96 000420 TRANS-PACIFIC CONSULTAN AUG SERVS-PAVEMNT MGMT SYSTEM 210-165-655-5802 6,973.52 6,973.52 40193 11/12/96 002463 UNIVERSAL ASPHALT CO., CITYWIDE A.C. REPAIRS PRJT 001-164-601-5402 169,469.45 169,469.45 TOTAL CHECKS 964,918.06 0 1. .- ITEI\4 4 APPROVAL CITY ATTORNEY DIRECTOR OF FI CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: November 12, 1996 SUBJECT:City Treasurer's Report as of September 30, 1996 PREPARED BY:Tim McDermott, Assistant Finance Director Jesse Diaz, Accounting Aide RECOMMENDATION: That the City Council receive and file the City Treasurer's Report as of September 30, 1996. DISCUSSION: 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 the Code Sections as of September 30, 1996. FISCAL IMPACT: None ATTACHMENTS:1. City Treasurer's Report as of Septemeber 30, 1996 2.Schedule of Assets, Liabilities, and Fund Equity as of September 30, 1996 City of Temecula City Treasurees Report As of September 30,1996 Cash Act@ for the Month of September Cash and Investments as of September 1, 1996 $ 54,818,841 Cash Receipts 1,671,494 Cash Disbursements (3,969,933) Cash and Investments as of September 30, 1 996 $ 52,520,402 Cash and Investments Portfolio: ContractuaV Maturity Market Par/Book Type of Investment Institution Yield Date (2) Value Balance Petty Cash City Hall $ 1,500 1,500 General Checidng First Interstate (32,042) (32.042) (1) Benefit Demand Deposits First Interstate 2,676 2,676 (1) Loral Agency Investment Fund State Treasurer 5.601% 36,871,492 36,871,492 (3) Retention Escrow Account LandmarkICalifomia State Bank 80,878 80,878 Deferred Compensation Fund ICMA 339,735 339,735 Deferred Compensation Fund PEBSCO 541,497 541,497 Defined Contribution Fund PEBSCO 54,448 54,448 Trust Accounts-TCSD COPs First Trust (Fidelity Treasury 11) 5.150 352,334 352,334 (Money Market Acrourit) Reserve Accourit-TCSD COPs Bayerische Landesbank 6.870 502,690 502,690 (Guaranteed Investment Contract) Trust Accounts-RDA Bonds First Trust (Fidelity Treasury 11) 5.150 12,356,274 12,356,274 (Money Market Account) Reserve Account-RDA Bonds Bayerische Landesbank 7.400 1,448,920 1,448,920 (Guaranteed Investment Contract) $ 52,520,402 (I)-This amount is net of outstanding checks. (2)-All investments are liquid and currently available. (3)-At September 30,1996 total market value for the Loral Agency lnvestmerd Fund (LAIF) was $28,369,907,038. The City's proportionate share of that value is $37,176,567. 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 sb( months. City of Temecula Schedule of Assets, Liabilities, and Fund Balances As of September 30, 1996 Community Services Redevelopment city (1) District Agency Total Assets: Cash and investments $30,662,599 $ 2,115,512 $ 19,742,291 $52,520,402 Receivables 4,203,986 122,300 1,250,543 5,576,829 Due from other funds 843,765 4,995 848,760 Land held for resale 2,103,053 2,103,053 Prepaid assets 336,937 336,937 Fixed assets-net 686,158 686,158 Total assets $ 36,733,445 $2,242,807 23,095,887 $ 62,072,139 Liabilities and fund equity: Liabilities: Due to other funds $ 810,965 $ 4,995 $ 32,800 $848,760 Other liabilities 4,121,228 217,402 522,120 4,860,750 Total liabilities 4,932,193 222,397 554,920 5,709,510 Fund equity: Contributed capital 1,055,344 1,055,344 Retained earnings 545,268 545,268 Fund balances: Reserved (2) 8,017,592 1,134,588 10,149,780 19,301,960 Designated (3) 16,806,671 946,705 12,391,187 30,144,563 Undesignated 5,376,377 (60,883) 5,315,494 Total fund equity 31,801,252 2,020,410 22,540,967 56,362,629 Total liabilities and fund equity $36,733,445 $ 2,242,807 $23,095,887 $62,072,139 (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, low/mod housing, and debt service. (3)Includes amounts designated for economic uncertainty, future capital projects, debt service, and continuing appropriations. rrEI\4 5 APPROVAL CITY ATTOR FINANCE OF CITY MANA( CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Ronald E. Bradley, City Manager@4 DATE: November 1 2, 1 996 SUBJECT:Contract for Professional Services with C.M. Gilliss, Consultant RECOMMENDATION: 1 .That the City Council approve and authorize the Mayor to execute the Professional Services Agreement with C.M. "Max" Gilliss to act as liaison between the City and governmental agencies and special interest groups for a monthly fee of $1,000. BACKGROUND: On November 1 5, 1 994, the City Council approved a contract with C.M. "Max" Gilliss to provide professional services to act as a liaison between the City and governmental agencies and special interest groups. This contract was reapproved by the City Council in June of 1 995 for a monthly fee of $2,000. Staff is recommending that this agreement continue in FY 1 996-97. Mr. Gilliss contract states that he will work a minimum of 20 hours per month for the fixed fee of $1,000. Staff is requesting this service as the City will be working on several large capital improvement projects in the future that will require the services of Mr. Gilliss. This contract has an automatic renewal clause which could keep Mr. Gilliss on retainer thru the FY 1 997-98 if the City Manager continues to require his services. FISCAL IMPACT: The total cost of this contract per fiscal year is $1 2,000. One-half of this cost will be charged to the appropriate CIP Project and one-half to the City Manager's budget. Adequate funds are available in the FY 1 996-97 Budget to cover these expenditures. PROFESSIONAL SERVICES This Agreement was made and entered into this 12th day of Novem)er 1996, by and between the City of Temecula ("City"), a municipal corporation, and Max Gilliss, a Professional Engineering Consulting Firm ("Consultant"). The parties hereto mutually agree as follows: I . Services. Consultant shall perform the tasks set forth. 2. Performance. Consultant shall at all times, faithfully, industrially and to the best of his ability, experience and talent, perform all tasks described herein. 3. Payment. The City agrees to pay Consultant the amount of $1,000.00 per month for a minimum of 20 hours of monthly service. This amount will not exceed $12,000 per Fiscal Year unless additional payment is approved by the City Council; provided that the City Manager may approve additional payment not to exceed 10% of contract amount. Consultant will submit an invoice at the conclusion of actual services performed. Payment shall be made within thirty (30Y days of receipt of invoice. 4. Amendments. This Agreement may be amended so long as such amendment is in writing and agreed upon by both the City Manager and Consultant. 5. Ownership Of Documents. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of, this Agreement, all original documents, designs, drawings and notes prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. 6. Termination. The City may terminate this Agreement without cause so long as written notice of intent to terminate is given to Consultant at least three (3) days prior to the termination date. In the event of termination, Consultant shall be paid for the services performed. R:\LANIERDA\REPORT\GILLIS96.RPT 11/6196 7. Indemnification. The Consultant agrees to defend indemnify and save harmless the City of Temecula, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense,cost, or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent acts or omissions under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 8. Status of Consultant. Consultant is an independent contractor in all respects in the performance of this Agreement and shall not be considered an employee of the City for any purpose. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 9. Tenn. This Agreement shall commence on November 12, 1996, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 1997. This contract can be extended by the City Manager up through June 30, 1998. 10. Subcontracts. The Consultant shall not enter into any subcontracts for services to be rendered toward the completion of the Consultant's portion of this Agreement without the consent of the City. At all times, Max Gilliss shall be primarily responsible for the performance of the tasks described herein. Upon termination of this Agreement, Consultant's sole compensation shall be for the value of service rendered to the City. 11. Default. In the event that Consultant is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default. Default shall include not performing the tasks described herein to the reasonable satisfaction of the City Manager of the City. Failure by the Consultant to make progress in the performance of work hereunder, if such failure arises out of causes beyond his control, and without fault or negligence of the Consultant, shall not be considered a default. R:\LANIERDA\REPORT\GILLIS96.RPT 11/6/96 Any disputes regarding performance, default or other matters in dispute between the City and the Consultant arising out of this Agreement or breech thereof, shall be resolved by arbitration. The arbitrator's decision shall be final. Consultant shall select an arbitrator from a list provided by the City of three retired judges of the Judicial Arbitration and Mediation Services, Inc. The arbitration hearing shall be conducted according to California Code of Civil Procedure Section 1280, @se . City and Consultant shall share the cost of the arbitration equally. 12. Notices. Notices shall be given pursuant to this Agreement by personal service on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Service addressed as follows: a. City: Attention: City Manager City of Temecula 43174 Business Park Drive Temecula, CA 92590 b.Attention: Max Gilliss Max Gilliss, Consultant 1989 Haven's End Prescott, AZ 86301 The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service. 13. Entire Agreement. This Agreement and any documents or instrument attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto supersede all negotiations and prior writing in respect to the subject matter hereof. In the event of conflict between the terms, conditions, or provisions of this Agreement andany such document or instrument, the terms and conditions of this Agreement shall prevail. 14.Liability. Except as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City R:\LANIERDA\REPORT\GILLIS96.RP'r 11/6/96 shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 15.Licenses. Consultant warrants that it maintains all necessary licenses. The parties hereto have executed this Agreement on the date and year above written. CONSULTANT CITY OF TEMECULA By: By: Title Jeffrey E. Stone Mayor ATTEST: June S. Greek, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney R:\LANIERDA\REPORT\GILLIS96.RP'r 11/6/96 EXHIBIT "A" TASKS TO BE PERFORMED Consultant will perform tasks as assigned by the City Manager or his Designee in areas, including, but not limited to local agency liaison, assistance with City, County, Special Districts, State and Federal Agencies, as well as representation to individual, community and special interest groups. The level of representation or investigation will be defined by the City Manager or his designee, as well as the mission and scope of the tasks. Consultant shall submit written memorandum progress reports to City as directed. EXHIBIT "B" PAYMENT SCHEDULE Consultant shall submit monthly invoices for all services rendered. Consultant will be compensated at a flat rate of $1,000 per month and agrees to provide a minimum of 20 hours of services to the City on a monthly basis. ITEN4 6 APPROVAL CITY ATTORT DIRECTOR OF CITY MANAG CITY OF TEMECULA AGENDA REPORT TO:City Manager/City Council FROM:Ronald E. Bradley, City Manager DATE:November 1 2, 1 996 SUBJECT: Revision to the Schedule of Authorized Positions PREPARED BY: Grant M. Yates, Human Resources Manager RECOMMENDATION: 1 Adopt a resolution entitled: RESOLUTION NO. 96 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS. BACKGROUND: On October 8, 1996, the City Council approved upgrading the Marketing Coordinator position from part-time to full-time status. Therefore, this change needs to be reflected in the city's Schedule of Authorized Positions, which is attached. The addition of the Marketing Coordinator position brings the total number of regular, City employees to 97. In addition, due to the resignation of the City's Traffic Engineer, the Public Works Department has had the opportunity to review its operation and has prepared a plan to reorganize the Traffic Division. This reorganization includes reclassifying the current Assistant Engineer - Traffic to Associate Engineer - Traffic. The vacant Traffic Engineer position is recommended to be downgraded to Assistant Engineer. These changes will leave the division with two professional engineers to manage the daily operations of the Traffic Division. The City Engineer/Public Works Director will remain the City's Traffic Engineer as required by the Temecula Municipal Code. This reorganization will not only allow for adequate staffing of the Traffic Division, but will also save the City approximately $5,300 on an annual basis. R\LANIERDA\REPOR'nSTAFF37.MIS 10/23/96 FISCAL IMPACT: The total cost of salary and benefits for the Marketing Coordinator is $41,1 23 for the remainder of the 1996-97 fiscal year. This cost can be reduced by $12,791, as this was the amount budgeted for the project or part-time Marketing Coordinator for the remainder of the year. Because this is a new position, funding for this position, totaling $28,332, needs to be appropriated from the unappropriated fund balance of the Redevelopment Agency to account #280-199-999-5100. The reorganization of the Traffic Division will result in an annual savings of $5,300. R\LANIER-DA\REPORT\STAFF37.MIS 10/14/96 RESOLUTION NO. 96-- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS. WHEREAS, pursuant to the authority under Chapter 2.08.060 of the City's Municipal code, the City Manager has the authority to hire, set salaries, and adopt personnel policies; and, WHEREAS, the City Manager has recommended and the City Council now wishes to adopt the revised Schedule of Authorized Positions; The City Council of the City of Temecula does hereby resolve as follows: Section 1. The attached Schedule of Authorized Positions is hereby adopted pursuant to Section 45001 of the California Government Code. Such list is attached to this Resolution and incorporated herein by this reference. Section 2. The Schedule of Authorized Positions shall become effective November 12, 1996, and may thereafter amended. Section 3. The City Manager shall implement the attached Schedule of Authorized Positions and has the authority to select and appoint employees in accordance with the City's personnel policies. SECTION 4. All prior Resolutions in conflict with this Resolution are hereby rescinded. PASSED, APPROVED AND ADOPTED this 12th day of November, 1996. Karel F. Lindemans, Mayor ATTEST: June S. Greek, City Clerk CMC [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE SS CITY OF TEMECULA I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 12th day of November, 1996, by the following vote of the City Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT:COUNCILMEMBERS: June Greek, City Clerk, CMC SCHEDULE OF AUTHORIZED POSITIONS AUTHORIZED POSITION TITLES POSITIONS Accountant 1.0 Accounting Assistant 2.0 Accounting Specialist 2.5 Administrative Secretary 6.0 Administrative Technician 1.0 Assistant City Manager 1.0 Assistant Engineer 5.0 Assistant Finance Director 1.0 Assistant Planner 1.0 Assistant to the City Manager/ Human Resources Manager 1.0 Associate Engineer 3.0 Associate Planner 2.0 Building Inspector I 1.0 Building Inspector 11 2.0 Chief Building Official 1.0 City Clerk/Director of Support Services 1.0 City Manager 1.0 Code Enforcement Officer 2.0 Community Development Aide 1.0 Community Development Director 1.0 Community Development Technician 4.0 Councilmember 5.0 Custodian 1.0 Deputy Director of Support Services 1.0 Deputy Director of Community Services 1.0 Development Services Administrator 1.0 Development Services Analyst 1.0 Director of Community Services 1.0 Director of Finance 1.0 Director of Public Works/City Engineer 1.0 Executive Assistant 1.0 Facility Maintenance Coordinator 1.0 Human Resources Specialist 2.0 Information Systems Administrator 1.0 Landscape Inspector 1.0 Lead Maintenance Worker (Public Works) 2.0 Maintenance Superintendent (Comm. Svcs) 1.0 Maintenance Superintendent (Public Works) 1.0 Maintenance Supervisor 1.0 Maintenance Worker (Community Svcs) 2.0 Maintenance Worker (Public Works) 2.0 Marketing Coordinator 1.0 Office Assistant 8.5 Office Specialist 2.0 Permit Engineer 1.0 Planning Manager 1.0 Principal Engineer 2.0 Public Works Inspector 1.0 Records Coordinator 1.0 Recreation Coordinator 2.0 Recreation Superintendent 1.0 Recreation Supervisor 2.0 Senior Building Inspector 1.0 Senior Management Analyst 1.0 Senior Planner 2.0 Senior Public Works Inspector 2.0 TOTAL R:\KARCHEBL\LIST\AUTHPO$9.96 10114/96 EXEMPT/ MINIMUM MAXIMUM RANGE NON/EXEMPT $2,737 $3,414 2030 NE $1,728 $2,156 1040 NE $2,055 $2,563 1080 NE $2,177 $2,715 1110 NE $1,589 $1,982 1020 NE $6,346 $7,914 3180 E $3,269 $4,076 2060 NE $4,169 $5,201 3070 E $2,851 $3,554 2040 NE $5,322 3090 E $4,265 $3,786 $4,723 2100 E $3,310 $4,127 2080 NE $2,419 $3,016 1130 NE $2,697 $3,361 1170 NE $5,192 $6,475 3120 E $5,197 $6,482 3130 E $9,504 4000 E $2,628 $3,276 1160 NE $2,044 $2,548 1070 NE $5,478 $6,832 3140 E $2,453 $3,060 1140 NE $ 300 $ 300 4010 E $1,568 $1,957 1010 NE $3,658 $4,562 3030 E $4,207 $5,246 3080 E $3,665 $4,575 3040 E $2,730 $3,403 1190 NE $5,557 $6,930 3150 E $5,667 $7,067 3160 E $5,942 $7,410 3170 E $2,700 $3,366 2020 E $2,109 $2,628 1090 NE $2,383 $2,972 1120 NE $3,614 $4,511 2090 E $2,467 $3,075 1150 NE $2,134 $2,664 1100 NE $3,770 $4,702 3050 E $3,770 $4,702 3050 E $2,813 $3,506 3000 E $1,888 $2,353 1050 NE $1,888 $2,353 1050 NE $3,198 $3,894 2050 E $1,515 $1,890 1000 NE $1,657 $2,066 1030 NE $3,786 $4,723 2100 E $4,301 $5,367 3100 E $4,581 $5,715 3110 E $2,711 $3,379 1180 NE $2,150 $2,680 2000 NE $1,915 $2,388 1060 NE $3,658 $4,562 3030 E $2,663 $3,319 2010 NE $3,254 $4,058 3010 E $3,518 $4,391 3020 E $3,808 $4,751 3060 E $3,282 $4,092 2070 NE Eff@tive October 8, 1996 ITEN4 7 i I APPROVAL CITY ATTO FINANCE D CITY MAN@ CITY OF TEMECULA AGENDA REPORT TO:City Manager /City Council FROM:Mary Jane McLarney, Assistant City Manager DATE:November 10, 1996 SUBJECT:The First Amendment to Agreement for Law Enforcement Between the County of Riverside and the City of Temecula RECOMMENDATION: That the City Council approve the First Amendment to the Agreement for Law Enforcement Services between County of Riverside and the City of Temecula and authorize the Mayor to execute the agreement. BACKGROUND: Each year it is necessary to amend the agreement with the County of Riverside for law enforcement services based upon budgeted staffing levels. The attached amendment provides for the FY 97 budgeted levels of service which include: Twenty-three (23) Patrol Deputy positions; Two (2) Target Team Deputy Sheriff positions; Four (4) Motorcycle Team Deputy Sheriff positions; One (1) K-9 Deputy Sheriff position; Two (2) School Resource Officers Deputy Sheriff positions; Eleven (1 1) Sheriff's Service Officer positions and the necessary management staff. FISCAL IMPACT: Adequate funds are budgeted for the attached positions. Funding for the new sworn position is anticipated to be funded by Cops More Grants. FIRST AMENDMENT TO AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN COUNTY OF RI[VERSIDE AND CITY OF TEMECULA IT IS MUTUALLY AGREED that the Agreement for Law Enforcement Services between the County of Riverside and the City of Temecula, effective July 1995 through June 30, 2000, is hereby amended in the following respects only: I Attachment A is amended to read as follows: CITY OF TEMECULA LEVEL OF SERVICE Average Patrol and Traffic Services 112 supported hours per day. (Approximate equivalent of twenty-three (23) Deputy Sheriff positions @ 1,780 annual productive hours standard.) Dedicated Positions Two (2) Deputy Sheriff (fully supported) positions - Target Team Four (4) Deputy Sheriff (fully supported) positions - Motorcycle Team One (1) Deputy Sheriff (fully supported) positions K-9 Deputy One (1) Deputy Sheriff (unsupported) position-Community Oriented Policing Officer Two (2) Deputy Sheriff (unsupported) positions-School Resource Officers (academic year) Eleven (I 1) Sheriff s Service Officer positions One (1) Office Assistant III position IN WITNESS @REOF, the City of Temecula, by resolution or minute order duly adopted by its City Council, has caused this Agreement to be signed by its Mayor and attested and sealed by its Clerk, and the County of Riverside, by order of its Board. of Supervisors has caused this Agreement to be signed by the chairman of said Board and attested and sealed by the Clerk of said Board, all on the dates indicated below. CITY OF TEMIECULA Date: By: Mayor ATTEST: City Clerk COUNTY OF RIVERSIDE Date: By Chairman, Board of Supervisors ATTEST: Gerald A. Maloney Clerk of the Board By: Deputy .ITE 8 APPROVAL CITY ATTORNEY DIR. OF FINAN@E CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO:City Council FROM:Ron Bradley, City Manage,. DATE:November 12, 1996 SUBJECT:Withdrawal from the Riverside City and County Public Library System PREPARED BY: Allie Kuhns, Senior Management Analyst RECOMMENDATION:Adopt a resolution entitled: RESOLUTION NO. 96-_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RELATING TO THE PROVISION OF LIBRARY SERVICES BY THE RIVERSIDE COUNTY FREE LIBRARY SYSTEM DISCUSSION: With the recent declaration by the Murrieta City Council that the City of Murrieta intends to withdraw from the Riverside City and County Public Library System (RCCPL), RCCPL may be facing a significant loss of revenue which supports library operations. In response to Murrieta's actions, during the October 22nd meeting, Council directed staff to prepare the correspondence for signature prior to December 1, 1 996, which will allow the City of Temecula to withdraw from RCCPL. In order to initiate the withdrawal process, the City must adopt a resolution stating the City's intention to withdraw from the County library system, and must present the resolution to the County no later than December lst of any year. Once this resolution is adopted and presented to the County, the City will be withdrawn from the County system as of July 1 st of the next year. For example, if the City submits the resolution on December 1, 1 996, then the City will be withdrawn from RCCPL effective July 1, 1 997. There is no guarantee that the City will recoup the property tax dollars collected from property in the City which is allocated to the RCCPL, and which currently supports the Temecula Library. Based on county wide needs, the County may legally elect to retain the property taxes collected from the cities of Temecula and Murrieta, as well as the unincorporated spheres of influence of the respective cities, to support library services in the remaining areas of the RCCPL. If the City were to form a district prior to withdrawal, then the process of setting up a district from which taxes could be collected would take approximately eighteen months to two years, during which time the library would be operated under RCCPL. Examples of district boundaries may include one or more cities, one or more school districts, or combinations of the two. In order to form a library district, the City must work with all agencies which will be included in the district. On the formation of the new district, an application for the formation is filed with Local Agency Formation Commission (LAFCO), which oversees the entire process. Prior to the certificate of filing which acknowledges receipt of the application, LAFCO must give notice to the County Assessor, who generates a report to the County Auditor within 30 days. The Auditor then has 45 days to estimate how much property taxes are collected from the respective areas (cities and unincorporated), and where those taxes are currently allocated. Upon receipt of these estimates from the Auditor, the City and County have 30 days to negotiate a property tax exchange. Both entities must adopt resolutions which accept the exchange. LAFCO has the authority to modify the district boundaries proposed; however, if LAFCO does change the boundaries, then the negotiation period is extended, since the tax base will change. According to the Riverside County Administrative Office, if the City were to withdraw with no district in place prior to withdrawal, then the only option available would be for the City to establish the library as a municipal library. With legislation such as Los Angeles County's SB- 1 998, the City would be entitled to receive 1 00% of the property taxes currently allocated to RCCPL from within the City limits. Without this legislation, the City may still be able to negotiate receipt of the property taxes from the County. The City will have to subsidize any additional funding needs through sources other than existing property taxes (General Fund, donations, Library Foundation, etc.). Additionally, if the County refuses to reallocate any taxes, then the City could find itself in the position of having to provide all funding to support library operations, receiving no RCCPL services, and having its residents continue to be taxed at the same rates. Regardless of which option the City chooses, the process for withdrawing will include Revenue and Taxation Code Section 99 in conjunction with Education Code 1 9104. Based on the foregoing, staff recommends that the City Council adopt the attached resolution, which will authorize the investigation of all background information required to commence the withdrawal process, while simultaneously commencing negotiations with the County to actually withdraw. FISCAL IMPACT: None at this time for this action. Attachment: Resolution No. 96-- RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RELATING TO THE PROVISION OF LIBRARY SERVICES BY THE RIVERSIDE COUNTY FREE LIBRARY SYSTEM WHEREAS, The City of Temecula is currently in the Riverside City and County Public Library System (the "RCCPL"). WHEREAS, The RCCPL operates and maintains the Temecula Library (the "Library") in the City, which serves the residents of the City and the City of Murrieta, as well residents of adjacent unincorporated areas. WHEREAS, Taxes are collected from property in the City to support the RCCPL. WHEREAS, The Library site on which the Library was built, the Library and improvements thereto, and the books, furniture, furnishings, computers and other assets therein were acquired and constructed by the County with funds primarily consisting of taxes collected on property in the City, development fees which were passed on to purchasers of property in the City, and contributions by the Temecula Library Foundation (the "Foundation"), a non-profit organization supported by the residents of the City. WHEREAS, Despite the foregoing investment by the residents of the City in the Library, Riverside County (the "County") is not providing adequate library services in a manner that is satisfactory to the City or its residents. WHEREAS, The City desires to receive a higher level of library services for the residents of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula, as follows: Section 1. The City Manager is authorized and directed to determine or to recommend the engagement of a consultant to determine: A. The amount of taxes collected on property for the RCCPL ("Library Taxes") in the City in the last fiscal year; and, B. The amount of Library Taxes collected in the tax rate areas in unincorporated areas that are served by the Library; and, C.The amount of Library Taxes collected in the City of Murrieta; and, D. Whether nearby cities or districts not in the RCCPL would be interested in having the City join their districts or in forming a new district; and, E.Whether Murrieta or other nearby cities would be interested in joining with the City in withdrawingfrom the RCCPL and fon-ning a new district and, if so, the amount of Library Taxes collected in thosecities; and, F.How much the Library and the assets therein are worth and how much of that value was contributed by development fees collected in the City, by the Foundation, or by donations from residents of the City; and, G. How much it would cost to acquire other suitable library facilities and assets; and,H. How much it would cost to operate and maintain the Library or other suitable library facilities and assets at a level which meets the needs of City residents. Section 2. The City Manager is authorized and directed to enter into discussions with the County regarding the provision of a higher level of library service by the RCCPL or, alternatively, the withdrawal of the City from the RCCPL. Section 3. The City Manager is authorized and directed to investigate in conjunction with the Temecula Valley Unified School District appropriate sites in the City from which to provide library services in addition to or as alternatives to the Library. Section 4. The City Manager is authorized and directed to contact the Riverside Division of the League of California Cities and the Riverside County members of the California Contract Cities Association for the purpose of exploring the desirability and feasibility of sponsoring legislation similar to SB 1998 (N4ountjoy) and AB 1767 (Margett), now chaptered into law as Chapters 522 and 523, Statutes of 1996. Section 5. The City Manager is authorized and directed to notify the County that, in the event the discussions with the County do not result in a level of library service which is to the City's satisfaction, the City intends: A. To withdraw from the RCCPL pursuant to Education Code Section 19104; and, B.To seek, through Court order or legislation if necessary: (i) The transfer of title to the Library and all assets therein at no cost to the City or, alternatively, the transfer of the value thereof, and Resos\96- 2 (ii) The reallocation to the City of all taxes collected on property in the City which taxes are currently allocated to the RCCPL- and (iii) The reallocation to the City of all taxes collected on property in any other areas served by the Library which taxes are currently allocated to the RCCPL. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the day of 1996. Karel F. Lindemans, Mayor ATTEST: June S. Greek, CMC, City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA 1, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 96-was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the day of AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT:COUNCIL MEMBERS: Resos\96- 1996, by the following vote: 3 EI\4 9 1 APPROVAL CITY ATTORNEY FINANCE DIRECTO CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Joseph Kicak, Director of Public Works/City Engineer DATE: November 12, 1996 SUBJECT:Accept Subdivision Monumentation in Tract No. 23267-F (Southwesterly of Margarita Road at Highway 79 (S)) PREPARED BY: Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council ACCEPT the subdivision monumentation in Tract No. 23267-F, AUTHORIZE release of the Subdivision Monument Bond , and DIRECT the City Clerk to so notify the Developer and Surety. BACKGROUND: On May 26, 1992, the City Council entered into Subdivision Improvement Agreement with: The Presley Companies, a California Corporation 15010 Avenue of Science, Suite 201 San Diego, CA 92128 for the improvement of streets, installation of sewer and water systems, and subdivision monumentation in Tract No. 23267-F. Accompanying the subdivision agreement were bonds posted by The American Motorists Insurance Company as follows: 1 .Bond No. 11 1 4145 9187 in the amount of $2,286,000 ($1,837,500, $249,500, and $199,000, respectively) for street, water, and sewer improvements for faithful performance. 2.Bond No. 11 1 4145 9187 in the amount of $1,143,500 ($919,000, $125,000, and $99,500, respectively) for street, water, and sewer improvements labor and materials. 3.Bond No. 1 1 1 4145 9195 in the amount of $36,190 to cover subdivision monumentation. On September 10, 1996, the City Council accepted the public improvements, initiated the one- year warranty period, and authorized reduction in faithful performance bond amounts to the ten-percent (10%) warranty level as follows: R:\AGDRPT\96\0910\TR23267F.ACC Street, Water, and Sewer Improvements: Bond No. 1 1 1 4145 9187 $228,600 Staff has inspected and confirmed the subdivision monumentation which had not been approved by Staff for the September 10, 1996 City Council acceptance. Therefore it is appropriate to release the subdivision monumentation bond as follows: Subdivision Monumentation: Bond No. 11 1 4145 9195 $36,190 The affected streets were accepted into the City maintained street system by City Council Resolution No. 96- on September 10, 1996.at this time. The streets within the subdivision are Via Santa Ines, Via Lucido, Corte San Gabriel, Corte Capistrano, Corte Taquito, and portions of Calle Los Padres, Corte Veranos, Avenida de Missions, and Via Rio Temecula. FISCAL IMPACT: None. ATTACHMENTs Location Map R:\AGDRPT\96\0910\TR23267F.ACC A@T MIG"" 71 34 0- tt VIA NTA INES L7 SITE VICIN17'Y MAP TRACT NO. 23267-1 Location Map NOTE:MAPS NOT TO SCALE ITEIN4 1 0 APPROVAL CITY ATTORNEY FINANCE DIRECT CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Joseph Kicak, Director of Public Works/City Engineer DATE: November 12, 1996 SUBJECT:Release Traffic Signalization Mitigation Bond in Tract No. 23125-2. (Northeasterly of intersection of Butterfield Stage Road at De Portola Road) PREPARED BY: NeAlbert Crisp, Permit Engineer RECOMMENDATION: That the City Council AUTHORIZE the release of the traffic signalization mitigation bond in Tract No 23125-2, and DIRECT the City Clerk to so advise the Developer and Surety. BACKGROUND: On November 15, 1994, the City Council approved Tract Map No. 23125-2, and entered into subdivision agreements with: Kaufman and Broad of San Diego, Inc 12626 High Bluff Drive, #400 San Diego, CA 92130 for the improvement of streets and drainage, installation of sewer and water systems, and subdivision monumentation, and for traffic signalization mitigation. Accompanying the subdivision agreements were surety bonds posted by American Casualty Company of Reading Pennsylvania (AMCAS), and the American Insurance Company (AIC), as follows: 1 .Bonds No. 137649309 (AMCAS) and 11 133152311 (AIC) in the total amount of $772,000 ($518,000, $138,000, and $116,000, respectively) to cover faithful performance for streets and drainage, and water and sewer improvements. 2.Bonds No. 137649309 (AMCAS) and 11 133152311 (AIC) in the total amount of $386,000 ($259,000, $69,000, and $58,000, respectively) to cover labor and materials for streets and drainage, and water and sewer improvements. 3.Bond No. 137649312 (AMCAS) in the amount of $6,000 to cover subdivision monumentation. R:\AGDRPr%96%1112\TR231252.TSM 4.Bond No. 137649326 in the amount of $10,650 to cover traffic signalization mitigation fees. The developer has paid all traffic signalization mitigation fees for the 71 lots in this tract. Therefore it is recommended that the following bond be released: Traffic Signal Mitigation: Bond No. 137649326 (AMCAS) in the amount of $10,650 The affected streets are not being accepted into the City Maintained-Street System at this time. The streets within the subdivision are Corte Yaca, Via Alvaro, and a portion of Via Sabino. FISCAL IMPACT: None Attachment: Location Map R:\AGDRIPT\96\1 1 12\TR231252.TSM PROJECT SITE \IICINITY MAP P ,FLUS4 E 473 M,9 Z14101 OS "4", (N60-23'57-E 1618,5, (1243.08 o 0 'REMAINDER' 18 w CONTAINS 51.653 ACRES GROSS 1121 @@l 2 40' Ix 0 Ul 6 19 97' 57 'O 00 A5 I-Ir 40 1-011 L@142 73' N2115'34'W 15.68, .QqD$g5 -,'A.14 @coo fo 1189 1-57. d@'. R,V, zf -------------- 96907.6 . 41 (122,77') (L DE PORTO" ROAD TRACT NO. 23125-2 Location Map NOTE:NUPS NOT TO SCALE ITEI\4 11 APPROVAL CITY ATTORNEY FINANCE DIRECT CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Joseph Kicak, Director of Public Works/City Engineer DATE: November 12, 1996 SUBJECT:Renewal of Annual Right-Of-Way Weed Control Pre-Emergent and Post Emergent Application, Project No. PW95-24 PREPARED BY: 61@ Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council extend the Right-Of-Way (R-O-W) weed control contract with Pestmaster Services of Temecula for a period of one (1) year beginning November 14, 1996 and ending November 14, 1997 in an amount not to exceed $28,331.02 BACKGROUND: At the regular City Council meeting of November 14, 1995, the R-O-W Weed Control Contract for FY95-96, Project No. PW95-24 was awarded to the lowest responsible bidder, Pestmasters of Temecula. Pestmasters has performed satisfactory work during the past year and has responded efficiently in all situations. During FY95-96, Pestmasters provided R-O-W control to the City for a total cost of $28,331.02. The total cost of service was allocated as follows: $10,126.83 For Pre-Emergent Treatments 873,003 sq. ft. $18,204.19 For Post Emergent Treatments 1, 1 5 1,001 sq. ft. The original Contract contains provisions that allows the Contract to be extended on a yearly basis by mutual agreement of both parties for up to three (3) years by the prevailing construction cost index. FISCAL IMPACT: The approved budget for FY96-97 has allocated $28,331.02 under Account Number 001-164- 601-5402 Street Maintenance Program. ATTACHMENTS: Contract r:\agdrpt\95\1 1 12\pw95-24.ext/ajp CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR Project No. PW95-24 RIGHT-OF-WAY WEED CONTROL PRE-EMERGENT AND POST-EMERGENT APPLICATIONS THIS CONTRACT, made and entered into the 14th day of November, 1996, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and PESTMASTERS SERVICES of TEMECULA, hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: l.a.CONTRACT DOCUMENTS, The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled Project No. PW95-24 RIGHT-OF-WAY WEED CONTROL, PRE-EMERGENT AND POST-EMERGENT APPLICATIONS, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Department of Transportation Standard Specifications (Latest Edition) where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Associated General Contractors of California (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for Project No. PW95-24 RIGHT-OF-WAY WEED CONTROL, PRE-EMERGENT AND POST-EMERGENT APPLICATIONS.Copies of these Standard Specifications are available from the publisher:Building News, Incorporated 3055 Overland Avenue Los Angeles, California 90034 (213) 202-7775 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General, Specifications, Special Provisions, and Technical Specifications for Project No. PW95-24 RIGHT-OF-WAY WEED CONTROL, PRE-EMERGENT AND POST-EMERGENT APPLICATIONS . In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over and be used in lieu of such conflicting portions. Where the Contract Document describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless CONTRACT 1 R:kCIP\PROJECTS\95\PW95-24\CONTRACRajp otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2.SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: Project No. PW95-24 RIGHT-OF-WAY WEED CONTROL PRE-EMERGENT AND POST-EMERGENT APPLICATIONS All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3.CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision and subject to the approval of CITY or its authorized representatives. 4.CONTRACT AMOUNT AND SCHEDULE. CITY agrees to pay and CONTRACTOR agrees to accept in full payment for the work above-agreed to be done, the sum of: TWENTY FIVE THOUSAND SEVEN HUNDRED FIFTY-FIVE DOLLARS and FORTY-SEVEN CENTS ($25,755.47), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed THIRTY (30) working days, commencing with delivery of Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5.CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6.PAYMENTS, LUMP SUM BID SCHEDULE: A.Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. UNIT PRICE BID SCHEDULE: B.Pursuant to Section 20104.50 of the Public Contracts Code, within thirty (30) days after submission of a payment request to the City, the CONTRACTOR shall CONTRACT 2 R:NCIP\PROJECTS\95\PW95-24\CONTRAC@jp be paid a sum equal to ninety percent (90%) of the value of the work completed. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after completion of the work and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C.Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D.Interest shall be paid on all undisputed payment requests not paid within 30 days pursuant to Public Contracts Code Section 20104.50. Public Contracts Code Section 7107 is hereby incorporated by reference. 7.WARRANTY RETENTION. Commencing with the date the Notice of Completion is recorded, the CITY shall retain a portion of the Contract award price, to assure warranty performance and correction of construction deficiencies according to the following schedule: CONTRACT AMO@ RETENTION PERIOD RETENTION PERCENTAGE $25,000 - $75,000 180 days 3% $75,000 - $500,000 180 days $2,250 + 2% of amount in excess of $75,000 Over $500,000 One Year $10,750 + 1 % of amount in excess of $500,000 8.LIQUIDATED DAMAGES: EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of One Thousand Dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of and without the fault or negligence of the CONTRACTOR including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay. 9.WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release and indemnity agreement with each claim for payment. CONTRACT 3 R:\CIP\PROJECTS\95\PW95-24\CONTRACT\ajp 10.TIME OF THF F-SSFNRF. Time is of the essence in this contract. 11.INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. 12.GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13.CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in his/her employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14.CONTRACTOR'S AFFIDAVIT, After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15.NOTICE TO CITY OF LABOR DISPUUA. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16.BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17.INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18.DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. CONTRACT 4 R:%Cl@PROJECTS\95\PW95-24\CONTRACnajp 19.GOVERNING LAW. This Contract and any dispute arising hereunder shall be governed by the law of the State of California. 20.ADA REQUIREMENTS, Contractor shall comply with the Americans with Disabilities Act of 1990, Public Law 101-336, as amended. 21.TERM This Agreement shall be for a period of one (1) year beginning November 14, 1996 and ending the 14th day of November, 1997, unless terminated or extended as provided. The City reserves the right of option to extend this Contract and to renegotiate rates from year to year commencing the first day of July of each fiscal year. In no event beyond the 14th day of November, 1999. 22.WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Joseph Kicak, Director of Public Works/City Engineer City of Temecula 43200 Business Park Drive Temecula, CA 92590-3606 CONTRACT 5 R:\CIP\PROJECTS\95\PW95-24\CONTRACT\ajp IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR PESTMASTER SERVICES 27636 Ynez Road, L-7, Suite 101 Temecula, CA 92591 (909) 699-5877 By: Print or type NAME Print or type TITLE DATED: CITY OF TEMECULA By: Karel F. Lindemans, Mayor APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: June S. Greek, City Clerk CONTRACT 6 R:\Cl@PROJECTS\95\PW95-24\CONTRAC-Raip i I : : I 1 : I i 1 12 ITEI\4 I APPROVAL CITY ATTORNEY FINANCE DIRECT CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Joseph Kicak, Director of Public Works/City Engineer DATE: November 12, 1996 SUBJECT:Renewal of Annual Street Striping Contract Project No. PW94-17 PREPARED BY: Bradley A. Buron, Maintenance Superintendent RECOMMENDATION: That the City Council extend the Street Striping Contract with ASAP Services, Inc. of San Bernardino for a period of one (1) year beginning November 15, 1996 and ending November 15, 1997, in an amount not to exceed $97,000. BACKGROUND: At the regular City Council meeting of November 1994, the Street Striping Contract for FY94- 95, Project PW94-17 was awarded to the lowest responsible bidder, ASAP Services, Inc. of San Bernardino. ASAP has performed satisfactory work during the past year and has responded efficiently in all emergency situations. During FY95-96, ASAP Services, Inc. provided striping services to the City for a total cost of $94,452.32. The total cost of service was allocated as follows: $76,462.79 For new and repainted striping approximately 836,217 L.F. $17,989.53 For sandblasting legends and striping approximately 1,583 L.F. The original Contract contains provisions that allows the Contract to be extended on a yearly basis by mutual agreement of both parties for up to three (3) years by the prevailing construction cost index. FISCAL IMPACT: The approved budget for FY96-97 has allocated $87,000 under Account Number 001-1 64-601- 541 0 (Street Striping Program), and $1 0,000 under Account Number 001 -1 64-602 (Traffic Division Striping). ATTACHMENTS: Contract r:\agdrpt\96\1 1 1 2\pw94-17.extlajp CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW94-17 FY 94-95 STREET STRIPING PROGRAM THIS CONTRACT, made and entered into the 15th day of November 1996, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY", and ASAP SERVICES, INC., hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: l.a.CONTRACT DOCUMENTS, The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW94- 17\FY 94-95 STREET STRIPING PROGRAM, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Department of Transportation Standard Specifications (1992 Ed.) where specifically referenced in the Plans and Technical Specifications, and the latest version of the Standard Specif*cat8ona for Public Works Construction, including all supplements as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Associated General Contractors of California (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW94-17\FY 94-95 STREET STRIPING PROGRAM. Copies of these Standard Specifications are available from the publisher: Building News, Incorporated 3055 Overland Avenue Los Angeles, California 90034 (213) 202-7775 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General, Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW94- 17\FY 94-95 STREET STRIPING PROGRAM. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over and be used in lieu of such conflicting portions. Where the Contract Document describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. CONTRACT r:\cip\proj@\94/pw94-17\con@ajp The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2.SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW94-17\FY 94-95 STREET STRIPING PROGRAM All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3.CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision and subject to the approval of CITY or its authorized representatives. 4.CONTRACT AMOUNT AND SCHEDULE. CITY agrees to pay and CONTRACTOR agrees to accept in full payment for the work above-agreed to be done, the sum of: EIGHTY THREE THOUSAND SEVEN HUNDRED DOLLARS and NO CENTS 1 83,700), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed THIRTY (30) working days, commencing with delivery of Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5.CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6.PAYMENTS, A.Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. B.Pursuant to Section 20104.50 of the Public Contracts Code, within thirty (30) days after submission of a payment request to the City, the CONTRACTOR shall be paid a sum equal to ninety percent (90%) of the value of the work completed. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after completion of the work and the CONTRACTOR filing a one-year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C.Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under CONTRACT 2 r:\cipkpro@\94/pw94-17@con@ajp the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D.Interest shall be paid on all undisputed payment requests not paid within 30 days pursuant to Public Contracts Code Section 20104.50. Public Contracts Code Section 7107 is hereby incorporated by reference. 7.WARRANTY RETENTIQN. Commencing with the date the Notice of Completion is recorded, the CITY shall retain a portion of the Contract award price, to assure warranty performance and correction of construction deficiencies according to the following schedule: CONTRACT AMO@ RETENTION PERIOD RETENTION PERCENTAGE $25,000 - $75,000 180 days 3% $75,000 - $500,000 180 days $2,250 + 2% of amount in excess of $75,000 Over $500,000 One Year $10,750 + 1 % of amount in excess of $500,000 8.LIQUIDATED DAMAGESO EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of One Thousand Dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of and without the fault or negligence of the CONTRACTOR including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay. 9.WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release and indemnity agreement with each claim for payment. 10.PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per them wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. CONTRACT 3 r.\cip\projwb\94/pw94-17\contmct/aip Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 11.TIME OF THE ESSENCE. Time is of the essence in this contract. 12.INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. 13.GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 14.CONFLICT OF INTEREaj. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in his/her employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 15.CONTRACTOR'S AFFIDAVIT, After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 16.NOTICE TO CITY OF LABOR DISPUUL. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 17.BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 18.INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. CONTRACT 4 r:\cip\projww\94/pw94-17\con@ajp 19.DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 20.GOVERNING LAW. This Contract and any dispute arising hereunder shall be governed by the law of the State of California. 21.ADA REQUIREMENTS, Contractor shall comply with the Americans with Disabilities Act of 1990, Public Law 101-336, as amended. 22.TERM This Agreement shall be for a period of one (1) year beginning November 15, 1996 and ending the 15th day of November, 1997, unless terminated or extended as provided. The City reserves the right of option to extend this Contract and to renegotiate rates from year to year commencing the first day of July of each fiscal year. In no event beyond the 15th day of November 1999. 23.WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Joseph Kicak, Director of Public Works/City Engineer City of Temecula 43200 Business Park Drive Temecula, CA 92590-3606 IN WITNESS WHEREOF, theparties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR ASAP Services, Inc. P.O. Box 10866 San Bernardino, CA 92423-0886 (714) 794-2206 By: Print or type NAME Print or type TITLE DATED:CITY OF TEMECULA By: Karel F. Lindemans, Mayor CONTRACT 5 r:\cip\pro@N94tpw94-17\contmct/ajp APPROVED AS TO FORM: Peter M. Thorson, City Attorney ATTEST: June S. Greek, City Clerk CONTRACT 6 r:Xcip\proj=U\94lpw94-17\c ajp ITEI\4 13 APPROVAL CITY ATTORNEY FINANCE DIRECT CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Joseph Kicak, Director of Public Works/City Engineer DATE:-November 12, 1996 SUBJECT:Completion and Acceptance of the Traffic Signal at Margarita Rd. and Rustic Glen Dr., Project No. PW96-03 PREPARED BY: /6 Don Spagnolo, Principal Engineer - Capital Projects Scott Harvey, Associate Engineer RECOMMENDATION: That the City Council accept the Traffic Signal at Margarita Rd. and Rustic Glen Dr., Project No. PW96-03, as complete and direct the City Clerk to: 1 .File the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract, and 2.Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. BACKGROUND: On June 11, 1996, the City Council awarded a contract for the Traffic Signal at Margarita Rd. and Rustic Glen Dr., Project No. PW96-03, to DBX, Inc. for $42,000.00. This project provided for a 3-way traffic signal and minor signing and striping modifications at the intersection of Margarita Road and Rustic Glen. The Contractor has completed the work in accordance with the approved plans and specifications and within the allotted contract time to the satisfaction of the City Engineer. The construction retention for this project will be released on or about thirty-five (35) days after the Notice of Completion has been recorded. pwO4/r:\agdrpt\96\1 I 12\pw96-03.acc FISCAL IMPACT: The contract amount for this project was $42,000.00. Contract Change Order No. 1 was approved by the City Manager in the amount of $750.00. This will leave a balance of $3,450.00 in the project's contingency, which will bring the total construction cost to $42,750.00. This is a Capital Improvement Project and is being funded from Signal Mitigation funds appropriated from Account No. 210-165-647-5804. Attachment:Notice of Completion Maintenance Bond Contractor's Affidavit pwO4/r:\agdrpt\96\1 I 12\pw96-03.acc RECORDING RFnUFSTFn BY AND RETURN TOe CITY CLERK CITY OF TEMECULA P.O. Box 9033 43174 Bushmes Park Drive TomecoAa, CA 92590-9033 SPACE ABOVE THIS UNE FOR RECORDER'S USE NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1The City of Temecula is the owner of the property hereinafter described. 2.The full address of the City of Temecula is 43200 Business Park Drive, Temecula, California 92590. 3. A Contract was awarded by the City of Temecula to DBX, Inc. to perform the following work of improvement: Traffic Signal at Margarita Road and Rustic Glen Drive 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on November 12, 1996. That upon said contract the Continental Casualty Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: PROJECT PW 96-03. 6. The street address of said property is: At intersection of Margarita Road and Rustic Glen Drive. Dated at Temecula, California, this _ day of 1996. JUNE S. GREEK, City Clerk STATE OF CALIFORNIA COUNTY OF RIVERSIDE Ss CITY OF TEMECULA ) 1, June S. Greek, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this _ day of 1996. JUNE S. GREEK, City Clerk Fomia/CEP-Wi Rev. 12-5-91 pwO4\pw96-03\completn.not 101096 BOND #141512790 CITY OF TEPAECULA, PUBUC WORKS DEPARTMENT MAINTENANCE BOND PROJECTNO. P@03 TRAFFIC SFONAL INS7ALLA77ON 0 M4ROARITA ROAD AND RUS77C GLEN DRIVE KNOW ALL MEN BY THESE PRESENTS THAT: DBX, INCORPORATED 42066 AVENIDA ALVARADO, STE C. T @ CULA, CA. 92590 A"E AND ADDAM OF COMM CTOR CORPORATION , hereinafter called Principal, and Ift7i In whether a CorporoMw, Po lp or ivid@) CONTINENTAL CASUALTY COMPANY 1800 E. IMPERIAL HIGHWAY ' BREA, CA. 9@821 NAME AND;kDf)fi,*SS OF SURDY hereinafter called SURET'Y, are hold and firmly bound unto CITY OF TEMECULA, herainaftercalledOWNER,Inthopenalsumof FOUR THOUSAND TWO HUNDRED DOU" WW NO CMSI$ 4,200.00 in lawful money of the United States, said sum being not less than ton percent (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors and assigns. jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain ContractwiththeOWNER,datedthe 11TH dayat JUNE 11996 acol ofwhichis & py hereto attached and made a part hereof for the construction of PROJECT NO. PW9"3 TRAFFIC SIGNAL INSTALLA710H 0 MARGARITA ROAD AND RUSTIC OLM WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of 20& year after approval of the final estimate on said job, by the OWNER, against all dOfOCt3 in workmanship and materials which may become apparent during said PO(iod; and WHEREAS, the said Contract has been completed, and was approved on 19 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the said Contract, the work done under the terms of sold Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or It shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this Instrument shall be void. Signed and asaled this 17TH day of OCT. (Seal) SURETY CONTINENTAL CASUALTY COMPANY PRI RATED By: By: DAVID L. CNBERTSON jq m Per" (Name) (Name) ATTORNEY-IN-FACT -President Sec./Treas, (Title) (TWo) By: APPROVED AS TO FORM: (Name) City Attorney Mtla) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside On 10/8/96 before me, Phyllissa G. Seman, Notary Public Date Name and Title ol Officer (e.g., "Jane Doe, Notary Public") personally appearedJim Perry Name(s) of Signer(s) yj personally known to me - OR - I i proved to me on the basis of satisfactory evidence to be the person(4) whose name(@ is/Wsubscribed to the within instrument and acknowledged to me that he/ executed the same in his/ authorized capacity(ies), and that by his ignature(X) on the instrument the person(@, f MM14 or the entity upon behalf of which the person(s) acted, executed the instrument. Mv @&Qli,zw WITNESS my hand and official seal. WW Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: @'T i-M Pe@ Signer's Name: Individual F Individual X Corporate Officer Corporate Officer Title(s): Prp-sic9,=nt & Sec./Treas. Title(s): I I Partner - 0 Limited !- General E Partner - LA Limited General F Attorney-in-Fact L Attorney-in-Fact l@ Trustee I - Trustee T - i;ilkljg :]Lcl;lml;illiyll:l:i:ilkl 0 'i@. 11 Guardian or Conservator F- Guardian or Conservator 1- @ Other: Top c)t thumb ere C Other: Top of thumb here Signer Is Representing: Signer Is Representing: DBX. Tnc- 1995 Nationa Notary Assoc ation - 8236 Remmet Ave, , P.O. Box 7184 - Ca oga P@,k, CA 91309-7184 P,od No@ 5907 Reorder: Call Toll-Free 1-800-876-6827 CAIMORNIIA PUBPOSE ACKNOWLEDGMENT STATE OF CALXFORNI-'A COUNTY OF ORANGE On-lo-7-96 -before me, KAREN CHANDLER - NOTARY PUBLIC personally appeared DAVID L. CULBERTSON personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS y hand and official seal -- - - - - T- V lkaren handier 0 Comm. #1076369 NOTARYPUBLIC CALIFORNIAUP Sfgdatu e of Notary Public ORANGE COUNTY0 Comm. Exp. March 27, 2000 OPTXOZ?AL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPT.TQN OF ATTACRED T MAINTENANCE BOND TiTrz OR ryplr OF OF PAGES LKATE OF 10-7-96 @ACITY C D BY SX INDIVIDUAL CORPORATE OFFICER TITLE (S) PARTNER(S) X@ ATTORNEY-IN-FACT TRUSTEE(S) OTHER: SIGNER IS REPRESENTING:C .ONTTN,7 .NTAL CASUALTY CoMp@ NAME OF PERSON(S) OR ENTITY(S) .Continental Casualty Company CNA F4w All Iht-('otninsignit-ni-litu %iAko-' AN I L L I NO I S CO R PORAT I 0 N POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men by these Presents, That CONTINENTAL CASUALTY COMPANY. a corporation duly organized and existing under the laws of the State of Illinois, and having its principal office in the City of Chicago, and State of Illinois. does hereby make, constitute and appointnavi(i I - Cul bertson . Chuck L. Fl ake . Li nda L. Cul bertson . Di ana Laskowski Tnt'i ViAl-lallv ci- Anaheim. California Its true and lawful Attorney-in-fact with full power and authority hereby conferred to sign, seal and execute in Its behalf bonds, undertakings and other obligatory instruments of similar nature In Unlimited Amounts and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX-Execution of Documents Section 3. Appointment of Atiorney-in-fact. The President or a Vice President may, from time to time attorneys-in-fact 16 act in behalf of the- Company in the excecution of policies of ins76rance, bonds, und instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. 'rho President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any ottorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 3rd day of April. 1957. "Resolved, that the signature of the President or Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signatures and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified b certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and bfndina on the Company." In Witness Whereof, CONTINENTAL CASUALTY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this -10th day of January --, 19-@. CONTINENTAL CASUALTY COMPANY State of lllinoi Ss County of Cook I J. E. Purtell Vice President. On this 30th -day of January I 19 91 t>efore me personally came J. E. Purtell, to me known, who, being by me duly sworn, did de@se and say: that he resides in the Village of Glenview, State of Illinois: that he is a Vice-President of CONTINENTAL CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to the said instrument is such Corporate seal: that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. enceniflcates her obligatory uthority, shall Linda C. Dempsey tary Public. CERTIFICATE My Commission Exp res Oct 19, 1994 t, George R. Hobaugh, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that Section 3 of Article IX of the By-Laws of the Company and the Resolution of the Board of Directors, set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said 7TH OCT. 96 Company this day of '19 George R. Hobaugh Assistant Secretary Form 1-23142-8 INV. NO. G-59200-B CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFID"IT AND FINAL RELEASE PRojEcr No. Pw96-o3 TRAFFIC SIGNAL INSRALLA riON 0 MARGARIRA ROAD AND RUSRIC GLEN DRIVE This is to certify that DBX,, Inc. (hereinafter the 'CONTRACTOR") declares to the City of Temecula, under oath, that heat has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it"s contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW96-03 TRAFFIC SIGNAL INSTALLATION 0 MARGARITA ROAD AND RUSTIC GLEN DRIVE situated in the City of Temecula, State of California, more particularly described as follows: Traffic Signal installation at Margarita Rd: & Rustic Glen INSERT TITLE OF WORK HERE The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a stop notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contracts Code 7200, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contact amount which the CONTRACTOR has not disputed above. CONTRA Dated:- October 8, 1996 By: si(oature ,Tim Perry, President Print Name and Title RELEASE R-1 r:kcip\projects\pw96-O3\bidspea 030696 sah I I ITEI\4 14 APPROVAL CITY ATTORNEY FINANCE DIRECTO CITY MANAGER ol CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Joseph Kicak, Director of Public Works/City Engineer DATE: November 12, 1996 SUBJECT:Authorize Temporary Partial Street Closure for Semi-Annual Kiwanis Arts and Crafts Fairs. (Westerly side of Ynez Road Northerly of County Center Drive). PREPARED BY: W Albert K. Crisp, Permit Engineer. RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 96-- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AUTHORIZING PARTIAL STREET CLOSURE FOR KIWANIS CLUB OF TEMECULA VALLEY SEMI- ANNUAL ARTS AND CRAFTS FAIRS AND AUTHORIZING THE CITY ENGINEER TO ISSUE PERMITS FOR THESE SPECIFIC SPECIAL EVENTS. BACKGROUND: The Kiwanis Club of Temecula is sponsoring semi-annual Arts and Crafts Fairs as fund raisers for several local worthy organizations and individuals. The proposed site is along the westerly half of Ynez Road northerly of County Center Drive. The proposed event dates for 1997 are June 6 and 7, and November 7 and 8. Both events fall on Saturday and Sunday. Under Vehicular Code Section 21 1 01, "Regulation of Highways", local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing". r:\agdrpt\96\0611\kiwanisa.rt2 AKC/330 The City Council adopted Resolution No. 91-96 on September 10, 1991, which provided standards and procedures for special events on public streets, highways, sidewalks, or public rights of way. This resolution set forth processes for staff reviewing applications, denying approval or approving subject to conditions including events requiring changes in normal traffic patterns, and an appeal process to the City Manager. However the resolution did not delegate authority to temporarily close streets or partial streets for these special events. The recommended resolution delegates the authority to approve temporary partial street closure for the Kiwanis Club of Temecula Valley-sponsored semi-annual Arts and Crafts Fairs only. This authority is limited to and delegated to the City Engineer (or an authorized representative) only. Any other special events requiring temporary street closures, construction related closures, etc., remain subject to the approval of the City Council subject to rules and regulations established by the City Council. These rules and regulations shall also be adopted by resolution in accordance with California Vehicular Code Section 21 101. Some partial closures, as limiting lane widths for construction purposes or partial closures for "Block Parties" on cul-de-sac streets only, have not been submitted for City Council action in order to reduce the impact on City Council and staff time. The precise location of these Arts and Crafts Fairs may require further action as the neighboring vacant sites develop. The Community Development Department reviews applications and issues permits for off-street uses which are a related issue with these fairs. Permission of the affected property owners are required in the application process as are food provision and service proposals which may require Riverside County Health Department approvals as well. FISCAL IMPACT: None. Any police services required for these events will be negotiated by the Police Department and sponsor(s) and the sponsors will be responsible for such costs. Attachme= Resolution No. 96- Resolution No. 91-96. Kiwanis Club letter of request dated October 8, 1996.. Location Map r:\agdrpt\96\0611\kiwanisa.rt2 AKC/330 RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMIECULA, CALIFORNIA, AUTHORIZING PARTIAL STREET CLOSURE FOR KIWANIS CLUB OF TEMECULA VALLEY SEMI-ANNUAL ARTS AND CRAFTS FAIRS, AND AUTHORIZING THE CITY ENG TO ISSUE PERMITS FOR THESE SPECIFIC SPECIAL EVENTS. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: AS, The California State Vehicular Code provides for the promulgation of rules and regulations for the temporary closure of public streets by local authorities by Resolution; and, WHEREAS, the City Council desires to establish rules and regulations for the temporary closure of public streets in the interest of promoting safety and protection; and, WHEREAS, The City of Temecula desires to authorize the partial closure of public street for the Kiwanis Club of Temecula Valley Semi-Annual Arts and Crafts Fairs, for which such temporary street closures promote the safety and protection of persons using or proposing to use that street for the special event: and, WHEREAS, the City Council desires to facilitate the issuance of permission to temporarily close public street for these semi-annual Kiwanis Club of Temecula Valley- sponsored Arts and Crafts Fairs: and. NOW, WHEREAS, the City Council desires to authorize the City Engineer to approve temporary street closures for semi-annual Kiwanis Club of Temecula Valley-sponsored Arts and Crafts Fairs City-sponsored special events, and to establish the general rule that all other proposed temporary street closures shall be reviewed and approved subject to conditions, or disapproved, by the City Council; and, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula, hereby authorizes the City Engineer to permit temporary street closures for semi-annual Kiwanis Club of Temecula Valley-sponsored Arts and Crafts Fairs, and establishes the general rule that all other temporary public street closures shall be approved or denied approval by the City Council. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 12th day of November, 1996. Karel F. Lindemans, Mayor r:\agdrpt\96\0611\kiwanisa.rt2 AKC/330 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 Resolution No. 96- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 12th day of November, 1996, by the following vote: AYES: 0 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: ABSTAIN: 0 COUNCILMEMBERS: VICWUY MAP Kiwanis Club of I[emecula Valley Arts and Crafts Fairs Location ap NOTE: MAPS NOT TO SCALE ITEI\4 15 7 . f a APPROVAL CITY ATTOF FINANCE Di CITY MANA CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Joseph Kicak, Director of Public Works/City Engineer DATE: November 12, 1996 SUBJECT:Parcel Map No. 24085-1 Located Northwesterly of the Intersection of Diaz Road and Zevo Drive (Avenida de Ventas) PREPARED BY: @Larry D. Cooley, Assistant Engineer RECOMMENDATION: That the City Council approve Final Parcel Map 24085-1 subject to the Conditions of Approval. BACKGROUND: Tentative Parcel Map 24085 was originally approved by the City Council on December 19, 1991. Amendment No. 3 of Tentative Parcel Map No. 24085, including phasing, was approved by the Planning Commission on August 19, 1996. The approved tentativelphasing map is comprised of a total of ten lots within four phases. Parcel Map 24085-1 consists of one parcel within 21.66 gross acres. The applicant, Westside City 1, LC, has met all of the applicable Conditions of Approval. The following fees have been paid for Parcel Map 24085-1 Stephen's K-Rat Fee (paid for entire Tentative Map) The following fees have been paid upon precise grading permit by the developer of Parcel Map No. 24085-1: Area Drainage Plan Fee to Riverside County Flood Control District The following fees have been paid upon building permit by the developer of Parcel Map No. 24085-1: Public Facilities Fee Signal Mitigation Fee Fire Mitigation Fee r:\agdrpt\96\1 II 2\24085- I. map The following security for construction of street improvements has been posted for Parcel Map 24085-1 with an Instrument of Credit issued by Scripps Bank for the sum total of $289,500, inclusive of Faithful Performance and Labor & Materials. A Cash Bond in the amount of $2,000 was posted with the City to secure Monumentation for the project. FISCAL IMPACT: None. ATTACHMENTSM 1 . Development Fee Checklist 2.Vicinity Map and Parcel Map 24085-1 3.Fees and Securities Report 4. Sub-Division Improvement Agreement and Letter of Credit -2- r:\agdrpt\96\1 1 1 2\24085-l.map CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST Final Parcel Map 24085-1 The following fees and deposits were reviewed by Staff relative to their applicability to this project: EM Condition of Api2roval Habitat Conservation Plan Condition No. 1 1 (K-Rat) Due Prior to Rough Grading Permit Traffic Signal Mitigation See Condition No. 50 for PA96-0190 (Development Plan) Due Prior to Building Permit Public Facility See Condition No. 51 for PA96-0190 (Development Plan) Due Prior to Building Permit Fire Protection Mitigation See Fire Dept. letter dated 9-10-96 for PA96-0190 Flood Control (ADP) -3- See Condition No. 44 for PA96-0190 (Development Plan) Due Prior to Precise Grading Permit r:\agdrpt\96\1 11 2\24085-I.mop CITY OF TEMECULA ENGINEERING DEPARTMENT FEES AND SECURITIES REPORT PARCEL MAP 24085-1 DATE: November 12, 1996 IMPROVEMENTS LETTER OF CREDI SECURITY STREETS $ 289,5001 WATER $ NA EWER $ NA TOTAL $289,5001 Monument Security $2,000 DEVELOPMENT FEES RCFCD Drainage Fee (Paid by developer of Zevo Golf) $ 49,623.06 Signal Mitigation Fee $ 32,900.00 Public Facilities Fee Deposit $ 10,000.00 Fire Protection Mitigation N/A SERVICE FEES Planning Fee $ 111.00 Comprehensive Transportation Plan $ 8.00 Plan Check Fee (incl. Final Map, Street&Storm Drain) $ 20,088.75 Inspection Fee $ 18,233.75 Monument Inspection Fee $250.00 Fees Paid to Date to City (incl. Development Fees) $81,591.50 Balance of Fees Due $0.00 T.B.D. - To be determined -4- r:\agdrpt\96\1 1 12\24085-l.map ui I- > Z cc w Ca > I ui m 0 > Z UJ W co N > z w Lo ITEI\4 16 z APPROVAL CITY ATTO FINANCE D CITY MAN@ CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Joseph Kicak, Director of Public Works/City Engineer DATE: November 12, 1996 SUBJECT:Professional Services Agreement - City of Temecula and Riverside County Flood Control and Water Conservation District Mowing of Murrieta Creek PREPARED BY: Joseph Kicak, Director of Public Works/City Engineer RECOMMENDATION: 1That the City Council approve the Professional Services Agreement between the City of Temecula and the Riverside County Flood Control and Water Conservation District for mowing of the privately owned portions of Murrieta Creek within the City of Temecula. 2.That the City Council appropriate $9,000.00 plus a 10% contingency of $900.00 for a total of $9,900.00 from unappropriated General Fund balance. BACKGROUND: Riverside County Flood Control and Water Conservation District has been mowing the vegetation in the portions of Murrieta Creek under their jurisdiction. The area from a point 1200 feet south of Rancho California Road to the southerly City limits is in private ownership. The City of Temecula has offered those property owners an opportunity to eliminate the vegetation on their property, thus increasing the flow capacity of Murrieta Creek. The City has offered to pay the costs for the mowing, provided that all of the affected property owners sign a Right of Entry to allow the mowing. In addition, for the City to be able to mow the Creek, permits from the U.S. Army Corps of Engineers, Department of Fish and Game and the Regional Water Quality Control Board must be obtained by the City. They have been obtained. With respect to the Right of Entry; there are 43 properties affected by this project. The initial Right of Entry was mailed out certified mail on September 25, 1996. All of the receipts were returned. To date we have received signed Right of Entry forms from property owners representing 32 parcels. Since the first mailing, those that have not responded have been sent the second and third request. Some were contacted personally at their places of business The above information is furnished to advise the City Council on the status of the project. R.\A,GDRYIWI I @CFCWCD.RPR rh The attached Professional Services Agreement between the City of Temecula and the Riverside County Flood Control and Water Conservation District, provides for the mowing services of private properties in Murrieta Creek within the City limits. The cost for that portion of the Creek is estimated at $9,000.00, which will require a deposit prior to starting work. FISCAL IMPACT: Estimated cost of less than $10,000.00. ATTACHMENTS: 1 . Professional Services Agreement R-'\AGD@l I 12\RCFCWCD.RFr rtL PROFESSIONAL SERVICES AGREEMENT 2 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATIOX 3DISTRICT, hereinafter called "CONTRACTOR", and the CITY OF 4TEMECULA, hereinafter called "CITY", hereby agree as follows: 5 1. PROJECT - CONTRACTOR shall provide mowing services along 6 Murrieta Creek for CITY, and CITY will contribute necessary 7 funds for all mowing services performed. 8 2. SCOPE OF SERVICES CONTRACTOR shall furnish tools, equipment, 9 facilities, materials and labor necessary to perform in a 10complete, skillful and professional manner the one time mowing 11services of the area shown on Exhibit "All attached hereto and 12made a part hereof. :L3 3. TIME FOR PERFORMANCE - CONTRACTOR shall commence performance 14of service within ten (10) consecutive calendar days after the 15date of written notification by CITY of CITY having obtained 16all permits and rights of entry as set forth herein, and shall 17 diligently perform the services to full completion within :L8 sixty (60) consecutive calendar days after the date of 19 commencement as provided herein. 20 214. COMPENSATION - CITY shall deposit with CONTRACTOR the sum of $9,000.00, the estimated cost to CITY for mowing expenses. 22 CONTRACTOR shall keep an accurate accounting of all costs 23 incurred, and within forty-five (45) days after completion of 24 work, submit a final itemized cost statement to CITY. if 25 mowing costs exceed the deposit as set forth herein, CITY 26 27shall pay the additional amount within thirty (30) days. If 28 the deposit exceeds said mowing expenses, CONTRACTOR shall reimburse CITY the excess amount within thirty (30) days. 5.PERMITS AND RIGHTS OF ENTRY - CITY will obtain all rights of entry as may be required to perform the proposed mowing services within and upon privately-owned property. All permits and rights of entry as may be required from any and all affected public entities including, but not limited to, such licenses, agreements, permits or rights of entry as may be required from the California State Department of Fish and Game and/or the United States Army Corps of Engineers, shall be obtained by CITY. Sufficient evidence of having obtained such permits and/or rights of entry shall be furnished to CONTRACTOR by CITY, prior to initiation of work. CONTRACTOR will prosecute the work in such a manner as to minimize public inconvenience. CONTRACTOR shall be responsible for the protection of public and private property adjacent to the work and shall exercise due caution to avoid damage to such property. 6.NOTICES - Any and all notices sent or required to be sent to the parties of this Agreement will be mailed by first class mail, postage prepaid, to the following addresses: RIVERSIDE COUNTY FLOOD CONTROL CITY OF TEMECULA AND WATER CONSERVATION DISTRICT 43200 Business Park Drive 1995 Market Street Temecula, CA 92590 Riverside, CA 92SOl-1770 7.INDEMNITY AND HOLD HARMLESS - Each party, as to any claim or liability arising out of any act or omission with references to any work performed by or authority delegated to such party as a result of this agreement, shall save, defend, indemnify and hold harmless the other parties and their officers and 2 employees from all liability for death or injury to person, or 2damage to property, or claim therefor. 3 8. TERMINATION - This Agreement may be terminated by either 4CONTRACTOR or CITY upon written notice to the other party in. 5the event of substantial failure of performance by the other 6party or in the event CONTRACTOR shall elect to abandon or 7indefinitely postpone the project. In the event CONTRACTOR 8abandons or indefinitely postpones the project and gives such 9notice of termination, CITY shall make payment to CONTRACTOR 10for all services performed and expenses incurred to the date 11of written notice. :L2 9. This agreement is to be construed in accordance with the laws 13of the State of California. 1410. This agreement is the result of negotiations between the 15parties hereto, and the advice and assistance of their 16respective counsel. The fact that this agreement was prepared 17 as a matter of convenience by CONTRACTOR shall have no import 18 or significance. Any uncertainty or a@ guity in this 19 agreement shall not be construed against CONTRACTOR because 20 CONTRACTOR prepared this agreement in its final form. 21 11.This agreement is intended by the parties hereto as a final 22 expression of their understanding with respect to the matters 23 herein, and is a complete @@nd exclusive statement of the terms 24 and conditions thereof. This agreement shall not be changed 25 or modified except by the written consent of all parties 26 hereto. 27 28 3 IN WITNESS WHEREOF, the parties hereto have executed this agreement on (to be filled in by Clerk of the Board) 3 RIVERSIDE COUNTY FLOOD CONTROL 4 RECOMMENDED FOR APPROVAL: AND WATER CONSERVATION DISTRICT 5 Bv DAVID P. ZAPPE Chairman, Board of Supervisors 6General Manager-Chief Engineer 7 APPROVED AS TO FORM: ATTEST: 8 WILLIAM C. KATZENSTEIN GERALD A. MALONEY 9 County Clerk of the Board 10 By By Deputy Deputy 11 Dated to I 1-i ICI(O (SEAL) .12 RECOMMENDED FOR APPROVAL: CITY OF TEMECULA 13 By By- 14 City Engineer Mayor 15 Dated ATTEST: :L 6 APPROVED AS TO FORM: Bv 17 By City Clerk City Attorney 18 (SEAL) 19 20 21 22 23 SVG:lib 24rcfc\9788 25 26 27 28 4 BEGIN OJECT-., le ND' JECTI EXHIBIT A STATE OF CALIFORNIA-THE RESOURCES AGENCY WILSON, Governor DEPARTMENT OF FISH AND GAME NOV 7 1996 Environmental Services ]Division P. 0. BOX 517 CITY OF TEMECULA Jamul, CA 91935 ENGINEERING DEPARTMENT (619) 468-9231 Date:October 30, 1996 To:Mr. Joseph Kicak, Director Public Works Department 43174 Business Park Drive Temecula, CA 92590 Dear Mr. Kicak: Enclosed are two copies of Streambed Alteration Agreement No. 5-366-96 have made the changes that you have requested to allow additional mowing width within the creek bottom. The reach of Murrieta Creek you plan on mowing is not a designed flood control facility and is what the Department considers a natural channel. As such it is Department policy to require mitigation for any temporary and/or permanent impacts to fish and wildlife habitat. Should you or the property owners plan on any future vegetation modifications within this reach, the Department shall hold the City of Temecula responsible for replacement mitigation at a 3:1 ratio. The Department will also require a current CEQA document with the standard review and comment period for your project. The agreement will not be valid until the CEQA document is received. Please forward your certified document with your returned signed agreement. if you agree with the conditions/measures set forth in the agreement, please sign both copies and return both to me for signature, at the above address. Written notice of your intent to commence project activities needs to be provided to the Department at least five days in advance of commencing project activities. The California Fish and Game Code requires that you notify the Department in writing within 14 days of receipt of this Proposal as to its acceptability, except that this time may be extended by mutual agreement. If you do not respond within this time period you may lose your right to request binding arbitration. For minor changes we suggest you contact the person responsible for writing your agreement, Dee Sudduth, prior to sending the written response. If you have any questions regarding the proposed conditions please contact me at (619) 468-9231, or Environmental Services Supervisor Bruce Kinney at (619) 872-1129. Thank you for your cooperation in this matter. Sincerely, Dee Sudduth Environmental Services Specialist Region 5 CALIFORNIA DEPARTMENT OF FISH AND GAME 330 Golden Shore, Suite 50 Long Beach, California 90802 Notification No. 5-366-96 Page I of 4 AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTERATION THIS AGREEMENT, entered into between the State of California, Department of Fish and Game, hereinafter called the Department, and name: Joseph Kicak, title: Director of Public Works, representing: City of Temecula, address: 43174 Business Park Drive, Temecula, CA 92590, phone: (909) 694-6411, County of Riverside, State of California, hereinafter called the operator, is as follows: WHEREAS,pursuant to Section 1601 of California Fish and Game Code, the Operator, on the 23rd day of September, 1996, notified the Department that they intend to divert or obstruct the natural flow of, or change the bed, channel, or bank of, or use material from the streambed(s) of, the following water(s): Murrieta Creek of Riverside County, tributary to Santa Margarita River, located West of Front Street from approximately 1220 feet south of Rancho California Road to approximately 6500 feet downstream. Section Township I Range _, USGS Map Temecula. WHEREAS, the Department has determined that such operations may substantially adversely affect existing fish and wildlife resources including: those songbirds, raptors, other birds, mammals, reptiles, amphibians, plants, and all other aquatic resources and wildlife in the streambed/lake and associated area affected by the proposed project in this agreement. THEREFORE, the Department hereby proposes measures to protect fish and wildlife resources during the operator's work. The Operator hereby agrees to accept the following measures/conditions as part of the proposed work. If the Operator's work changes from that stated in the notification specified above, this agreement is no longer valid and a new notification shall be submitted to the Department of Fish and Game. Failure to comply with the provisions of this agreement and with other pertinent code sections, including but not limited to Fish and Game Code Sections 5650, 5652, 5937, and 5948, may result in prosecution. Nothing in this agreement authorizes the Operator to trespass on any land or property, nor does it relieve the operator of responsibility for compliance with applicable federal, state, or local laws or ordinances. A consummated agreement does not constitute Department of Fish and Game endorsement of the proposed operation, or assure the Department's concurrence with permits required from other agencies. THIS AGREEMENT BECOMES EFFECTIVE ON DATE OF DEPARTMENT'S SIGNATURE AND TERMINATES October 7, 1997, for the proposed project only. The Operator may request an extension of the agreement annually for a 12-month period if additional construction time is necessary. The extension shall be requested prior to the termination date of the agreement. This agreement shall remain in effect for that time necessary to satisfy the terms/conditions of this agreement. Page 2 of 4 (S-366-96) STREAMBED ALTERATION CONDITIONS FOR NOTIFICATION NMBER: 5-366-96 1. The following provisions constitute the limit of activities agreed to and resolved by this agreement. The signing of this agreement does not imply that the Operator is precluded from doing other activities at the site. However, activities not specifically agreed to and resolved by this agreement, shall be subject to separate notification pursuant to Fish and Game Code 1600 et seq.. 2. The Operator proposes to alter the following streambed: Murrieta Creek, to perform the following work: one-time mowing of vegetation within the bottom of the channel, the mowing shall be confined to the bottom of the channel, as described in the submitted application. 3. The agreed work includes activities associated with No. 2 above. The project area is located in the following streambed Murrieta Creek, Riverside County, located approximately as follows: from approximately 1200 feet south of Rancho California Road to approximately 6500 feet downstream. Section Township - , Range , USGS Map Temecula. Specific work areas and mitigation measures are described on/in the plans and documents submitted by the Operator and shall be implemented as proposed, unless directed differently by this agreement. 4. The Operator certifies by signing this agreement that the project site has been surveyed and shall not impact any rare, threatened or endangered species; or the Operator certifies that such a survey is not required for the proposed project. If rare, threatened or endangered species occur within the proposed work area, or could be impacted by the work proposed, this agreement shall not be valid and the operator shall not proceed with the project until the Operator consults with the Department and obtains any required State and/or Federal permits. 5. mowing within the channel bottom shall be confined to the bottom of the channel only. No native trees with a diameter of 4 inches or greater at breast height shall be removed. 6. This shall be a one-time alteration to the channel. Any future, additional temporary or permanent habitat alterations shall be mitigated for by the City of Temecula at a 3:1 ratio. The mitigation shall be identified and installed prior to any further disturbance to this reach of Murrieta Creek. 7. In those project areas where nesting birds may occur, the Operator either shall not remove potential nesting riparian vegetation from March 15 through July 30, or shall survey all potential nesting riparian vegetation within the project site for active bird nests. If an active bird nest is located the nest site shall be flagged or staked a minimum of 5 yards in all directions, and this flagged zone shall not be disturbed until the nest becomes inactive, unless otherwise directed by the Department (ref.: Fish and Game Codes 3503, 3503.5). 8. The removal or disturbance of soil, vegetation and vegetative debris from the streambed or bank shall not exceed the limits approved by the Department, or as described in the submitted application. 9. vehicles shall not be driven or equipment operated in water covered portions of a stream or lake or in wetted areas, or where wetland vegetation, riparian vegetation, or aquatic organisms may be destroyed, except as otherwise provided for in the agreement and as necessary to complete authorized work. 10. If a stream channel has been altered during project operations, its low flow channel shall be returned as nearly as possible to pre-project conditions without creating a possible future streambed or bank erosion problem, or a flat wide channel or sluice-like area. The disturbed portions of any stream channel within the high water mark of the stream shall be restored to as near original condition as possible, except as otherwise indicated in the submitted application or as directed by the Department. 11. Vegetation removed from the site shall not be stockpiled in the streambed/creek or on its bank. The sites selected on which to push this Pacre 3 of 4 (5-366-96) material out of the stream should be selected in compliance with the other provisions of this agreement. where possible, suitable brush piles may be left to provide wildlife habitat. 12. This agreement does not authorize the construction of any temporary or permanent dam, structure, flow restriction or fill, except as described in the Operator's notification. Any temporary dam, artificial obstruction, or other flow diversion shall be constructed from materials, such as clean gravel or sandbags, which will cause little or no siltation. If necessary, flow diversions shall be done in a manner that shall prevent pollution, minimize siltation and which shall provide flows to downstream reaches. Flows to downstream reaches shall be provided during all times that the natural flow would have supported aquatic life. Said flows shall be of sufficient quality and quantity to support existing aquatic life both above and below the diversion. Normal flows shall be restored to the stream immediately upon completion of work at that location. 13. Precautions to minimize turbidity/siltation shall be taken into account during project planning and implementation. This may require that the work site be isolated and /or the construction of silt catchment basins, so that silt, or other deleterious materials are not allowed to pass to downstream reaches. The placement of any structure or materials in the stream for this purpose, not included in the original project description, shall be coordinated with the Department. Coordination shall include the negotiation of additional agreement provisions. 14. Upon Department determination that turbidity/siltation levels resulting from project related activities constitute a threat to aquatic life, activities associated with the turbidity/siltation, shall be halted until effective Department approved control devices are installed, or abatement procedures are initiated. 15. Spoil sites shall not be located within a stream/lake, where Spoil can be washed back into a stream/lake, or where it will cover aquatic or riparian vegetation. The Operator may remove all human generated debris, such as lawn and farm cuttings, garbage and trash. 16. Structures and associated materials, including debris, not designed to withstand high seasonal flows shall be removed to areas above the high water mark before such flows occur. 17. No equipment maintenance shall be done within or near any stream channel or lake margin where petroleum products or other pollutants from the equipment may enter these areas under any flow. 18. The Operator shall comply with all litter and pollution laws. All contractors, subcontractors and employees shall also obey these laws and it shall be the responsibility of the operator to ensure compliance. 19. The clean-up of all pollution spills shall begin immediately. The Operator shall notify the Department immediately of any spills and shall consult with the Department regarding clean-up procedures and requirements. 20. All debris, bark, slash, sawdust, rubbish, silt, cement or concrete or washings thereof, asphalt, paint or other coating material, oil or other petroleum products, or any other substances resulting from project related activities which could be hazardous to aquatic life or waters of the state, shall be prevented from contaminating the soil and/or entering the waters of the state. None of these materials shall be allowed to enter into or be placed within or where they may enter or be washed by rainfall or runoff into waters of the state. When operations are completed, any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150 feet of the high water mark of any stream or lake. 21. All provisions of this agreement remain in force throughout the term of the agreement. Any provisions of the agreement may be amended or the agreement may be terminated at any time provided such amendment and/or termination is agreed to in writing by both parties. Mutually approved amendments become part of the original agreement and are subject to all previously negotiated provisions. Page 4 of 4 (5-3 6-96) 22.If the Operator or any of the individuals mentioned above, violate any of theterms or conditions of this agreement, all work shall terminate immediately andshall not proceed until the Department has taken all of its legal actions. 23.The Department reserves the right to enter the project site at any time to ensure compliance with terms/conditions of this agreement. 24. The Operator shall provide a copy of this agreement to all contractors, subcontractors, and the Operator's project supervisors. Copies of the agreement shall be readily available at work sites at all times during periods of active work and must be presented to any Department personnel, or personnel from another agency upon demand. 25. The Operator shall notify the Department, in writing, at least five (5) days prior to initiation of construction (project) activities, and at least five (5) days prior to completion of construction (project) activities. Notification shall be sent to the Department at 330 Golden Shore, Suite 50, Long Beach, CA 90802, Attn: Environmental Services. 26. The Department reserves the right to suspend and/or revoke this agreement if the Department determines that the circumstances warrant. The circumstances that could require a reevaluation include, but are not limited to, the following: a.Failure to comply with the terms/conditions of this agreement. b.The information provided by the Operator in support of the Notification/Agreement is determined by the Department to be incomplete, or inaccurate. C.When new information becomes available to the Department representatives) that was not known when preparing the original terms/conditions of this agreement. d.The project as described in the Notification/Agreement has changed, or conditions affecting fish and wildlife resources change. CONCURRENCE: City of TemeculaCalifornia Department of Fish and Game Joseph Kicak Dee Sudduth (signature) (date) (signature) (date) Director of Public Works Environmental Specialist III (title) (title) ITEI\4 17 APPROVAL CITY ATTO FINANCE D CITY MAN@ I CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: oseph Kicak, Director of Public Works/City Engineer DATE: November 12, 1996 SUBJECT:Median/Traffic Island on Cosmic Drive at Rancho California Road PREPARED BY: Joseph Kicak, Director of Public Works/City Engineer RECOMMENDATION: That the City Council no longer consider the installation of a median/traffic island at Cosmic Drive and Rancho California Road and direct staff to terminate any additional work. BACKGROUND: City Council directed staff to investigate the possibility of constructing a median/traffic island on Cosmic Drive/Humber Drive at Rancho California Road. Recently, the Board of Directors of the Starlight Ridge Association polled the homeowners most closely affected by this proposal. Based on that survey and after discussing the issue at their regular Board meeting of October 22, 1996, it was decided that the proposal is not in the best interest of the homeowners. Attached is a letter from General Manager of the Starlight Ridge Association, Luci Ralston, regarding this issue. FISCAL IMPACT: None. ATTACHMENTS: Starlight Ridge letter. R-\AGD@1112\MEDLANS.RP'r rh RECF-.I\/F-r' STARLIGHT RIDGE ASSOCIATION OCT 2 8 1996 c/o Ralston Management 27919 Front St., Suite 203 CITY OF TEMECULA Temecula, California 92590 ENGINEERING DEPARTMENT (909) 676-9299 October 24, 1996 IIC)Nnoo.kiio Mr. Joseph Kicak Director of Public Works City of Temecula P. 0. Box 9033 Temecula, California 92589-9033 Reference: Traffic Island on Cosmic Drive Dear Mr. Kicak: The Starlight Ridge Association Board of Directors held a regular board meeting on Tuesday, October 22, 1996. At that time, the matter of the "median divider or traffic island" was again discussed and a final decision has been made. Following the decision, the Board of Directors instructed me to write this letter to you. After an informal poll of the homeowners most closely affected by the traffic island, and the views expressed by homeowners in general, the Board of Directors voted 3-2 against the proposed project. The decision was not an easy one to make. However, it is the wish of the homeowners not to have a traffic island on Cosmic Drive. Generally speaking, the homeowners expressed concerns primarily over congestion of vehicles waiting for the Cosmic Drive signal to change with no opportunity for a second lane to turn right. Thank you for working with us and allowing UB every opportunity to work with you in resolving the traffic problems. The City of Temecula has always been very receptive to our needs and we truly appreciate it. Thank you again. Sincerely yours, Luci Ralston, for the STARLIGHT RIDGE ASSOCIATION BOARD OF DIRECTORS ITEIN4 18 APPROVAL CITY ATTORNEY FINANCE DIRECTOR_ CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Council/City Manager FROM: Oseph Kicak, Director of Public Works/City Engineer DATE: November 12, 1996 SUBJECT:Murrieta Creek - Department of Fish and Game Permit for Mowing PREPARED BY: Joseph Kicak, Director of Public Works/City Engineer RECOMMENDATION: That the City Council accept the conditions of the Department of Fish and Game, approve the permit, and authorize the City Engineer to sign the permit for the mowing of Murrieta Creek. BACKGROUND: For quite some time we have been attempting to obtain a permit from the Department of Fish and Game for the mowing of Murrieta Creek which is south of Rancho California Road in private ownership within the City. Recently we were advised that such permit will be issued providing for the full bottom width mowing with the exception of clearing any trees that are 4' in diameter or larger. As this report is being prepared prior to the actual receipt of the permit, permit is not being attached to the report, however, it will be supplied as soon as it arrives. No other details of the conditions for the permit are available at this time. It is therefore essential that the City Council review the permit as soon as available prior to taking any action on this item. FISCAL IMPACT: The cost of the permit filing fee in the amount of $132.00. R-\&GD@1112\FISHGAME.M ih TEMECULA C-OIMIMUNITY SERVICES DISTRICT 11 ITEI\4 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT HELD OCTOBER 22, 1996 A regular meeting of the Temecula Community Services District was called to order at 8:28 P.M. at the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. President Ron Roberts presiding. ROLL CALL PRESENT:4 DIRECTORS: Birdsall, Ford, Stone, Roberts ABSENT:1 DIRECTORS: Lindemans Also present were General Manager Ronald E. Bradley, District Counsel Peter Thorson and District Secretary June S. Greek. PUBLIC COMMENTS None given. CONSENT CALENDAR It was moved by Director Birdsall, seconded by Director Stone to approve Consent Calendar Items No. 1-4. AYES: 4 DIRECTORS: Birdsall, Ford, Stone, Roberts NOES: 0 DIRECTORS: None ABSENT: 1 DIRECTORS: Lindemans 1 Minutes 1.1Approve the minutes of October 8, 1996. 2Release of Warranty Bond for Tract No. 25004-1. Barclay Estates (Slope and Landscape areas near Jons Place and Diego Drmye) 2.1Authorize the release of the Parkland/Landscape Warranty Bond amount for the construction of the TCSD slope and landscaped areas within Tract No. 25004- 1, Barclay Estates. 2.2 Direct the Secretary/City Clerk to notify the Developer and the Surety. r:\minutes.csd\l 02296 -1- 3Release of Bonds for Nicolas Road Park and Nicolas Road Landscapina, Tract No. 27827 - Coscan Homes Californma, Inc. (Located on Nicolas Road at North General Kearny Road) 3.1Authorize the release of the Warranty Bond for the construction of Nicolas Road Park, Tract No. 27827 - Coscan Homes California, Inc. 3.2Authorize the release of the Labor and Materials Bond and Warranty Bond for the construction of Nicolas Road Parkway Landscaping - Tract No. 27827. 3.3Direct the Secretary/City Clerk to notify the Developer and the Surety. 4Community Services Recreation Brochure 4.1Approve purchase order of $21,005 to Potamus Press to print two (2) issues of the Community Services Brochure. PUBLIC HEARINGS 5Winchester Creek Park Master Plan Development Services Administrator Phyllis Ruse presented the staff report, outlining the process for the Winchester Creek Park Master Plan. She introduced Vice DiDinato of the Alhambra Group. Mr. DiDinato explained the various components of the master plan. Director Ford asked if security lights have been planned for this park. Mr. DiDinato stated the parking lot will be lighted, but not the shade structures. Director Ford asked that lighting be considered for the upper corner of the park for security purposes. Director Birdsall suggested that since the parking lot is small, a few parking places be designated for loading and unloading. Director Roberts opened the public hearing at 7:45 PM. John Dedovesh, 39450 Ridge Drive, thanked the Board of Directors, Community Services Director Shawn Nelson and the Project Committee for their efforts on this project, and recommended approval of staff recommendation. Director Roberts closed the public hearing at 7:45 PM. It was moved by Director Stone, seconded by Director Ford to approve staff recommendation as follows: 5.1Adopt the Negative Declaration prepared for Winchester Creek Park. 5.2 Approve the Master Plan for the Winchester Creek Park. r:\minutes.csd\l 02296 -2- 5.3Authorize the preparation of construction documents and release a formal public bid for the Winchester Creek Park Project. The motion was unanimously carried with Director Lindemans absent. DIRECTOR OF COMMUNITY SERVICES REPORT Director Nelson announced the Dedication Ceremony of the Temecula Community Center on October 29, 1996 at 4:00 PM, located at 28816 Pujol Street, and invited all to attend. He also announced the Grand Opening of City Hall on October 30, 1996, 4:30 PM to 7:30 PM, and encouraged all the Citizens of Temecula to come and view their new City Hall. GENERAL MANAGERS REPORT None given. BOARD OF DIRECTORS REPORTS None given. ADJOURNMENT It was moved by Director Stone, seconded by Director Ford to adjourn at 7:52 PM to a meeting on November 12, 1996, 7:00 PM, Temecula City Hall, City Council Chamber, 43200 Business Park Drive, Temecula, California. The motion was unanimously carried with Director Lindemans absent. Ron Roberts, President ATTEST: June S. Greek, CMC, City Clerk/ District Secretary r:\minutes.csd\l 02296 -3- REDEVELOPMENT AGENCY 11 ITEI\4 1 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY HELD OCTOBER 22, 1996 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:52 P.M. at the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. Chairperson Patricia H. Birdsall presiding. PRESENT: 4 AGENCY MEMBERS: Ford, Roberts, Stone, Birdsall ABSENT: 1 AGENCY MEMBERS: Lindemans Also present were Executive Director Ronald E. Bradley, Agency General Counsel Peter Thorson and Agency Secretary June S. Greek. PUBLIC COMMENTS None given. CONSENT CALENDAR. Agency Member Roberts requested the removal of Item No. 2 from the Consent Calendar for separate action. It was moved by Agency Member Ford, seconded by Agency Member Roberts to approve Consent Calendar Item 1 as follows: 1 . Minutes 1.1 Approve the minutes of October 8, 1996. The motion was unanimously carried with Agency Member Lindemans absent. 2City Banner Program Agency Member Ron Roberts stated he was asked by the General Manager of the Balloon and Wine Festival to add ten banners to this proposal with the Balloon and Wine Festival Association providing ten Balloon and Wine Banners prior to and during the Balloon and Wine Festival. It was moved by Agency Member Roberts, seconded by Agency Member Ford to approve staff recommendations with the addition of ten banners. 2.1Review and approve the proposed City Banner Program: 2.2Award a contract to Kelley Display; 2.3Appropriate additional funding to establish the City Banner Program to the RDA Account No. 280-199-999-5270. The motion was unanimously carried with Agency Member Lindemans absent. Minutes.rdalO2296 -1- EXECUTIVE DIRECTOR REPORT None given. AGENCY MEMBER'S REPORTS None given. ADJOURNMENT It was moved by Agency Member Stone, seconded by Agency Member Roberts to adjourn at 8:55 PM to a meeting on November 12, 1996, 7:00 P.M., Temecula City Hall, City Council Chambers, 43200 Business Park Drive, Temecula, California. The motion was unanimously carried with Agency Member Lindemans absent. Patricia H. Birdsall, Chairperson ATTEST: June S. Greek, CMC, City Clerk/ Agency Secretary Minutes.rdalO2296 -2- ITEI\4 2 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCI 46 CITY MANAGER CITY OF TEMECULA AGENCY REPORT TO:Redevelopment Agency/Executive Director FROM:Gary Thornhill, Community Development Director DATE:November 12, 1996 SUBJECT:Award a Professional Services Agreement to Engineering Resources to Perform the Old Town Utility Undergrounding Feasibility Study Prepared By: Craig D. Ruiz, Assistant Planner RECOMMENDATION: 1. That the Agency Award a Professional Services Contract in the Amount of $50,052 to Engineering Resources to Perform the Old Town Utility Undergrounding Feasibility Study 2.That the Chairperson Execute Contract and the City Clerk to Attest 3.That the Agency authorize the transfer of $30,052 from the RDA Fund Balance to Account No. 280-199-999-5248. BACKGROUND The Old Town Specific Plan consists of goals, objectives and polices for the ultimate development of Old Town. One community design objectives is to "provide for the elimination ... of visually objectionable views". A community design policy to achieve this objective is to "eliminate overhead utility lines throughout Old Town by means of an area wide benefit assessment district." To accomplish this objective, the City Council, through the budget process, directed staff to conduct a utility undergrounding feasibility study. The Old Town Utility Undergrounding Study consists of the following three components: Identifying afl existing overhead utilities and their location, and contacting each utility to ascertain planned future needs which have been identified by the utilities. Prepare a conceptual design for a potential underground alignment of existing overhead and future utilities. Identify the costs to underground facilities and identify potential funding sources. The costs shall include the installation of conduits, vaults, service point location, cabling, on- site conversion costs and any other associated costs. R:%STAP OTUG.I?SA llnl96 cdr 1 In June of 1996, staff issued a Request for Qualifications to consulting firms to prepare the feasibility study. In response to the City's request, ten firms submitted proposals. Public Works Director Joe Kicak, Principal Engineer Don Spagnolo and Senior Planner John Meyer reviewed all ten proposals and ranked the firms based upon their expertise and ability to conduct the study. The top four firms where then interviewed by Mr. Kicak, Community Development Director Gary Thornhill and Assistant Planner Craig Ruiz. The interview panel rated Engineering Resources as the preferred firm. Staff then met with Engineering Resources to discuss, negotiate and finalize the proposed scope of work and costs of the project (see Attachment "A"). In preparing the scope of work for the Request for Proposal, staff determined an analysis of the cost to each individual property needed to be included within the study. Without this analysis, staff feels that the study would be incomplete. Thus, the inclusion of this element has resulted in the cost of the study to increase from the originally budgeted amount to the negotiated price of $50,052. FISCAL IMPACT The budget allocation for this project was $20,000. The contract price negotiated by staff is $50,052. The award of the contract will require the Agency to authorize the transfer of $30,052 from the RDA Fund Balance to CIP Account No. 280-199-999-5248. Attachments: 1 . Scope of Work 2 EXHILBIT "A" SCOPE OF SERVICES OLD TOWN TEMECULA UTILITY UNDERGROUNDING FEASEBILITY STUDY 1.0Existing Conditions 1.1Initial Team Meeting: Meet with the City of Temecula to obtain available site plans, topographical maps, street plans, parcel maps and review schedule and other information pertinent to the study. 1.2Base Map: Develop an overall base map of the study area for use during preliminary studies and final alignment analysis. The base map will be prepared in Autocad, Release 12. 1.3Field Evaluation 1.3.1Distribution System: Field research to gain complete understanding of the existing overhead and underground utility grid. Also, verify "as-built" information obtained from utility companies and prepare redfines for use during development of the Existing System Map. 1.3.2Services: Identify the location and type of service connection for each business and residence in the study area. Prepare a breakdown of service location and type identified by address and Assessor's Parcel Number. 1.4Utility Research: Obtain "as-buUt" information from utility companies including The Gas Company, AT & T, water districts and the City of Temecula. Meet with each utility company (electric, telephone, cable television) to outline the study area, site map and schedule. Review each utilities existing and/or proposed systems within the study boundaries. 1.5Existing System Map: Utilizing the base map prepared in Task 1.2, prepare a map showing the existing overhead and underground utility systems, including gas, water, sewer and storm facilities, within the study area. Product:Project Base Map Breakdown of Service Location and Type Existing System Map SCOPE OF SER P7CES OLD TOWN TEMECULA UTILITY UNDERGROUADING FEASLOILITYSTUDY Page I 2.0Alignment Analysis 2.1Alignment Analysis: Create a composite utility system map reflecting the proposed undergrounde systems and services to e)dsting residences and businesses. The analysis willinclude comparison of aerial relocation to full UNDERGROLTNDING to determine ifthe former alternative is a Better Fit for the Old Town area. Conduct a fieldevaluation of the proposed alignment to identify potential conflicts with existing physical culture. Also, evaluate the proposed alignment to iden@, based on record data, conflicts with gas, water, sewer or storm drain facilities. Based on the above analysis, adjust the proposed alignment to account for any identified conflicts. 2.2Utility Review: Submit the proposed underground utility alignments to the Utility Companies for review. Meet with the individual utilities to present the proposed alignment and receive staff comments. Discussions with the utilities will include an investigation of other funding sources, such as Rule 20A or improvement funds that may be available for the area. Staff comments will be incorporated into the final alignment of the proposed underground facilities. 2.3Cost Estimate: Prepare one dry utility opinion of probable cost report. The is report will take into consideration the related contractor charges, trench, conduit, encasement, backfill and substructures; utility company charges, cable, connectors, labor, design fees and income tax component charges; street light costs; and private electrical costs for rewiring or meter adjustments from the new underground system. The cost of public and private improvements vAR be addressed as components of the overall project cost. 2.4Team Meeting: Review the planning methodology and proposed alignment with the City of Temecula to confirm the plants acceptability and conformance with the project objectives. 2.5Final Report: Prepare a final report for the project incorporating comments received form City staff and Utility Company staff. The report will provide information supporting the methodology and assumptions used to arrive at the proposed alignment. In addition, information will be provided relative to service conversion, overall project construction cost and an analysis of the benefit assessment of the project. SCOPE OF SER P7CES OLD TOWN TEMECULA UTILITY UNDERGROUNDING FF-4SIBILITYSTUDY Page 2 Product:Preliminary System Design Project Cost Estimate Final Report 3.0Funding 3.1Benefit Assessment: Develop methodology and prepare analyses spreading the cost of the proposed improvements to the impacted parcels within the study area. 3.2Parcel Listing: Prepare a listing by parcel (APN) outlining the total amounts assessed. 3.3Report: Provide a complete report outlining the method apportioning the project costs to each parcel to be included on the overall project report. 3.4Team Meeting: Meet with City staff to review method of apportionment prior to completing the cost spread. Products:Benefit Assessment Report Parcel Listing/Cost Spread SCOPE OF SERVICES OLD TOWN TEMECVLA UTILITY UNDERGROUADING FF.4SIBILITYSTUDY Page 3 EXHI]BIT "B" F'EE EST@TE OLD TOWN TEMEC-ULA UTELUT UNDERGROUNDING FEASERELITY STUDY The partnership of Engineering Resources of Southern California, Inc., and the Butsko Utility Consulting Group agree to provide the services described in Exhibit "A" Scope of Services for an estimated fee, Not-to-Exceed $50,052. Additional services, if requested by the City, @ll be provided on a time and materials basis per the Schedule of Hourly Rates, attached hereto, as Exhibit "C". FEE ES TIMA TE OLD TOWIV TEMECULA UTILITY UAFDERGROUADING FF,4SIBILITYSTUDY Page I ITEI\4 3 APPRO CITY ATTOF FINANCE OF CITY MANA REDEVELOPMENT AGENCY AGENDA REPORT TO:Redevelopment Agency Members FROM:Ronald E. Bradley, Executive Director@ DATE:November 12, 1996 SUBJECT:Adoption of a Resolution Related to the Issuance of Bonds for the Purpose of Financing Multifamily Residential Projects Prepared by: John Meyer, Senior Planner RECOMMENDATION: That the Redevelopment Agency approve the adoption of a Resolution relating to the issuance of bonds for the purpose of financing the acquisition of two multifamily residential rental projects and related facilities. Resolution entitled: RESOLUTION NO. RDA 96- "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA RELATING TO THE ISSUANCE OF BONDS FOR THE PURPOSE OF FINANCING THE ACQUISITION OF TWO MULTIFAMILY RESIDENTIAL RENTAL PROJECTS AND RELATED FACILITIES" DISCUSSION: On October 8, 1996 the Redevelopment Agency authorized the purchase of the following properties currently owned by the FDIC and located within the City of Temecula: (1)a 28-unit apartment complex known as Sherwood Apartments, located at 28485-28497 Pujol Street, and (2)a 14-unit apartment complex known as Pujol Street Apartments, located at 28559-28565 Pujol Street. The acquisition of these projects has been initially funded with an appropriation from the r:\bradlcy\Agm&\ap@d.rds Redevelopment Agency's 'housing set aside funds.' However, the purpose of these acquisitions is to provide for the development of a comprehensive affordable housing project including the two FDIC properties and the property located between them which has already been acquired by the Redevelopment Agency (see attached map). In order to provide for the future availability of tax exempt financing for the purpose of this development, it is required that the Redevelopment Agency adopt the Resolution described above within sixty (60) days of the Agency expending money for these projects. This action will protect the ability of the Agency to issue tax exempt bonds to reimburse the housing set aside funds if the ultimate development of the project provides for this type of financing. The action taken by the Redevelopment Agency in adopting the recommendation does not commit the Agency to the issuance of bonds, nor does it carry with it any fiscal impact. The action merely holds the option open of issuing bonds in the future should that be determined a desirable course of action. FISCAL IMPACT This action has no fiscal impact. Attachments: 1 . Resolution 2. Map r:%b@cy%qcada%ap@d.rda RESOLUTION NO. REDEVELOPMENT AGENCY 96- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA RELATING TO THE ISSUANCE OF BONDS FOR THE PURPOSE OF FINANCING THE ACQUISITION OF TWO MULTIFAMILY RESIDENTIAL RENTAL PROJECTS AND RELATED FACILITIES WHEREAS, The Redevelopment Agency of the City of Temecula (the 'Agency') is authorized to issue bonds pursuant to the provisions of the California Health and Safety Code (the 'Law") for the purpose of providing financing for the acquisition of multifamily residential rental projects; and WHEREAS, the Agency may, in the future, desire to issue and sell its revenue bonds (the "Bonds') pursuant to the procedures specified in the Law for the purpose of financing the acquisition by the Agency or an assignee thereof of two multifamily residential rental projects and related and appurtenant facilities consisting of (i) a 28 unit apartment complex known as Sherwood Apartments, located at 28485-28497 Pujol Street in the City of Temecula, and (ii) a 14 unit apartment complex known as Pujol Street Apartments, located at 28559-28565 Pujol Street in the City of Temecula (collectively, the 'Projects'); and (iii) four vacant properties totaling approximately 1 acre at 28534, 28535, 28545, and 28555 Pujol Street in the City of Temecula. WHEREAS, United States Income Tax Regulations section 1.103-18 provides generally that proceeds of tax-exempt debt are not deemed to be expended when such proceeds are used for reimbursement of expenditures made prior to the date of issuance of such debt unless certain procedures are followed, among which is a requirement that (with certain exceptions), prior to the payment of any such expenditure, the issuer must declare an intention to reimburse such expenditure; and WHEREAS, it is in the public interest, for the public benefit and in furtherance of the public purposes of the Agency that the Agency declare its official intent to reimburse the expenditures referenced herein from the proceeds of the Bonds. NOW THEREFORE, BE IT RESOLVED, by the Governing Board of the Redevelopment Agency of the City of Temecula as follows: Section 1. The Agency declares its intent to issue and sell the Bonds pursuant to the procedures specified in the Law in an aggregate principal amount not to exceed $4,000,000 for the purposes of providing financing for the acquisition of the Projects. Section 2. The issuance and sale of the Bonds shall be upon such terms and conditions as may be determined by the Agency and the purchaser of said Bonds, and shall be authorized by resolution of the Agency at a meeting duly held and conducted for such purpose. Section 3.The Agency hereby declares that it reasonably expects that a portion of the proceeds of theBonds will be used for reimbursement of expenditures for the acquisition of the Projects thatare paid before the date of initial execution and delivery of the Bonds. r:\b@\agen&\ap@d.rda Section 4. The maximum amount of proceeds of the Bonds to be used for reimbursement of expenditures for the construction and development of the Project that are paid before the date of initial execution and delivery of the Bonds is $4 million. Section 5. The foregoing declaration is consistent with the budgetary and financial circumstances of the Agency in that there are no funds (other than proceeds of the Bonds) that are reasonably expected to be (i) reserved, (ii) allocated, or (iii) otherwise set aside, on a long term basis, by or on behalf of the Agency, or any public entity controlled by the Agency, for the expenditures for the acquisition of the Project that are expected to be reimbursed from the proceeds of the Bonds. Section 6.The Agency hereby finds that the issuance of the Bonds is a substantial inducement to acquirethe Projects. Section 7.The adoption of this Resolution shall not obligate (i) the Agency to issue bonds to provide financing to acquire the Projects or to acquire the Projects from its own funds; or (ii) the Agency, the City of Temecula (the 'City"), the Planning Department of the City or any other department of the City to approve any application or request for, or take any other action in connection with, any permit or other action necessary for the acquisition, repair, rehabilitation or operation of the Projects. PASSED, APPROVED AND ADOPTED, by the Governing Board of the Redevelopment Agency of the City of Temecula at a regular meeting held on the day of November, 1996. Patricia H. Birdsall, Chairperson ATTEST: June S. Greek, Agency Secretary/City Clerk r.\bradley\mgcnda\ap@.r" STATE OF CALIFORNIA COUNTY OF RIVERSIDE Ss CITY OF TEMECULA 1, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution NO. REDEVELOPMENT AGENCY 96- was duly adopted at a regular meeting of the Governing Board of the Redevelopment Agency of the City of Temecula on the day of November, 1996, by the following roll call vote: AYES:AGENCY MEMBERS: NOES:AGENCY MEMBERS ABSENT:AGENCY MEMBERS June S. Greek, Agency Secretary/City Clerk r.\b@\agenda\ap@d.rda o SF v c- LO R -7 3 Units SF MF 48 Units SF SF ISFI V v OU PUJOL ST 55 MF MF 4 Unitg Es 24 Units ITEI\4 4 1 APPROVAL CITY ATTORNEY FINANCE DIRECT CITY MANAGER CITY OF TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Redevelopment Agency Members FROM:@ioseph Kicak, Director of Public Works/City Engineer DATE: November 12, 1996 SUBJECT:1-15/Rancho California Road Interchange Improvements, Gas Company Work Authorization Agreement with Southern California Gas Company for the Relocation of a 6" High Pressure Gas Main - Project No. PW95-12 PREPARED BY: Don Spagnolo, Principal Engineer - Capital Projects RECOMMENDATION: That the Redevelopment Agency: 1 .Approve the Interagency Agreement and authorize the Chairperson to execute documents. 2.Authorize payment to the Southern California Gas Company for construction fees in the amount of $23,234.00. BACKGROUND: During the design phase of the project, the City received a Gas Company Work Authorization Agreement for the gas main relocation for Rancho California Road at Interstate Route 1 5, Interchange Improvements (Project No. PW95-12) from Southern California Gas Company (SCG). This Gas Company Work Authorization Agreement sets forth the terms and conditions associated with the relocation of the gas main. The Agreement includes the description of the work to be performed, the City's responsibilities and SCG's responsibilities during construction. SCG will construct the new gas line, inspect the new facility, accept ownership of the line, and provide future maintenance. Approximately 1500 linear feet of existing 6" high pressure gas main located within an existing gas easement will be abandoned. SCG will construct 1000 linear feet of new line inside a cell of the new box girder bridge section for the widened portion of the Rancho California Road Bridge over I- 1 5. The City's share of $23,234.00 represents the cost of what the City would have been responsible for, if the gas main was realigned to avoid the new northbound loop ramp and exit ramp within the existing gas easement. SCG decided to use the City's share of $23,234.00 to construct a new gas line through the new bridge section over 1-1 5. -I- r: \agdrpt\96kl 1 12\pw95-l2.agr/njp The Agreement has been reviewed and approved as to form by the City Attorney. FISCAL IMPACT: The Redevelopment Agency (RDA) has allocated funds for this project. Funds are available through RDA Account No. 280-199-602-5804 for the required $23,234.00. ATTACHMENTSA SCG Agreement -2- r: \agdrpt\96\1 1 12\pw95-12. agr/ajp SOUTHERN CALI]FORNIA GAS COMPANY - COLLECTEBLE WORK AUTHORIZATION To: Southern Califorrua Gas Company Serial No. P P.O. Box 3003 Redlands, CA 923'1'3 File NO.:GWO 72732 The Southern California Gas Company (hereafter "Company"), is authorized to after its facilities, and City of Temecula, (hereafter "Purchaser") agrees to reimburse the Company for fifty percent (500/o) of the cost of the work in connection with the relocation of 6" HP Gas main to clear bridge improvement work at Rancho California and the 1-15 freeway interchange. In Rancho California Road, install 1000'of 6' BP Steel Main & 300'of 12' Casing Estimated Cost $46,468.00 50% of Estimated Cost $23,234.00 IT IS UNDERSTOOD AND AGREED that the above description is general in nature, that this authorization covers all work necessitated by the proposed project, and that deviation from the proposed description may be made by the Company to meet the practical requirements of installation such as safety, avoidance of structures, government authority, and Environmental Impact Reports when required. Requests for changes in the above described work for the convenience of the Purchaser may be rejected by the Company. If such changes are accepted, the Purchaser agrees to reunburse the Company for the actual cost of such work unless otherwise agreed to in wnung. THE ABOVE ES@TE IS FURNISHED ONLY FOR THE CONVENIENCE OF THE PARTIES HEREM. IT IS ED TO REFLECT THE COHVANYS GENERAL PAST EXPERIENCE OF TBE COST OF SMMAR WORK UNDER FAVORABLE CONDITIONS. BECAUSE OF UNFORESEEN CONTINGENCIES AND OTHER FACTORS, THE ACTUAL COST MAY BE CONSIDERABLY FUGHER OR LOWER THAN THE ESTIMATE. TBEREFORE, THE ES TE IS NOT TO BE CONSIDERED A WARRANTY BY THE COMPANY OF THE ACTUAL COST. The acnial cost, any agreed wut cost, or any firm estimate shall include overhead costs contained in the Company's appropriate billing formula. Payment is due and payable upon presentation of a bill to City of Temecula, 43174 Business Park Drive, Temecula, CA 92590. In the case of default or delay in payment City of Temecula, shall pay to the Company all costs and expenses incurred in the collection of any sum due, including attomey's fees and court costs. A deposit of $23,234.00 will be made by the Purchaser as payment toward all costs for which the City of Tem@ is responsible, to be incurred by the Company for work performed pursuant to this agreement. Purchaser agr-.- to pay, upon pm=ntation. =ch billing issued for work completed and to @.e additic.@ @ce deposits whenever the Company determines the cost of the work completed has substantially equaled twice the amount of the dVwiL If actual costs for which the City of Tem@ is responsible exceed the deposit(s), the Purchaser shall pay the Company the difference; if the total cost for which the City of Temecula is @nsible is less that the deposit(s), then the Company shall refund the difference. Company shall perforw4 or cause to be performa all of the work described in this Agreement and shall assume all @nsibility for said work being installed in accordance with all applicable laws and regulations and standards of the Company. The Purchaser shall indemnify and defend the Company against and save and hold it harmless from, any and all liability, claims, demands, damages, and costs of every kind and nature for injury to or death of any and all persons, including, without limitation, employees or representatives of the Company or of the Purchaser, or any other person or persons, and for damage, destruction, or loss, consequential or otherwise, to or of any and all property, real or personal, including without limitation, property of the Company or of the Purchaser, or of any other person or persons, resulting from or in any manner arising out of or in connection with the perfomiance of the work under this contract. Excluded from this paragraph uc only those injuries to or deaths of persons and damage, destruction, or loss to or of property to the extent that such injury, death, or damages arises from the negligence or wiufid misconduct of the Company or its employees or representatives. The Company shall indemnify and defend the Purchaser against and save and hold it harmless from, any and all liability, claims, demands, damages, and costs of every kind and nature for injury to or death of any and all persons, including, without limitation, employees or representatives of the Company or of the Purchaser, or any other person or persons. and for damage, destruction, or loss, consequential or otherwise, to or of any and all property, real or personal, including without limitation, property of the Company or of the Purchaser, or of any other person or persons, to the extent that any such injury, death, loss, or damage results from or in any manner arises out of or in connection with Company's negligence in the performance of the work under this contract.. The undersigned hereby represent that they are authorized to execute this agreement on beh& of any corporation, parenersiup, or other association hereiriabove immeci. Agreed to and accepted this day of '19 Southern California Gas Company City of Temecula By: By: Title: Title: C:\DATA\TEMEC4.DDC OLD TOWN WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY IT'EN4 1 MINUTES OF A MEETING OF THE OLD TOWN WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY HELD OCTOBER 22, 1996 A regular meeting of the Old Town Westside Community Facilities District Financing Authority was called to order at 8:55 P.M. at the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. Chairperson Patricia H. Birdsall presiding. PRESENT: 5 BOARD MEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall ABSENT: 0 BOARD MEMBERS: None Also present were City Manager Ronald E. Bradley, City Attorney Peter Thorson and Authority Secretary June S. Greek. PUBLIC COMMENTS None given. FINANCING AUTHORITY BUSINESS 1Minutes It was moved by Board Member Stone, seconded by Board Member Roberts to approve staff recommendation as follows: 1.1 Approve the minutes of the meeting of October 8, 1996. The motion was unanimously carried. ADJOURNMENT It was moved by Board Member Stone, seconded by Board Member Ford to adjourn at 8:56 PM to a meeting on November 12, 1996, 7:00 PM, Temecula City Hall, City Council Chambers, 43200 Business Park Drive, Temecula, California. The motion was unanimously carried, with Board Member Lindemans absent. Patricia H. Birdsall, Chairperson ATTEST: June S. Greek, CMC, City Clerk/Authority Secretary Minutes.fa\102296 -1- ITEI\4 19 APPROVAL CITY ATTORNEY DIRECTOR OF FINANCE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO:City Council/City Manager FROM:Gary Thornhill, Community Development Director@ DATE:November 12, 1996 SUBJECT:Planning Application No. PA96-0130 Amendment and Restatement of Development Agreement No. 3 for Planning Areas No. 8, 9 and 12 (Final Tract Maps 22761 and 22762) within Specific Plan No. 180 Prepared By: Matthew Fagan, Associate Planner RECOMMENDATION:The Planning Commission recommends the City Council: 1. Adopt the Negative Declaration for Planning Application No. PA96-0130. 2.Read by title only and introduce an ordinance entitled: ORDINANCE NO. 96- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA APPROVING AN AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT NO. 3 BETWEEN THE CITY OF TEMECULA AND VAN DAELE DEVELOPMENT CORPORATION/WRI ASSOCIATES, INC. FOR FINAL TRACT MAPS NO. 22761 AND 22762, WITHIN SPECIFIC PLAN NO. 180 (PLANNING APPLICATION NO. PA96-0130) BACKGROUND This item was continued by the City Council at the October 8, 1996 meeting. At that meeting, the applicant stated they were looking for reimbursement of Public Facilities Fees paid for the project under the proposed Amendment and Restatement of Development Agreement (Agreement). Staff met with the applicant on October 24, 1996 to discuss this matter. At the meeting the applicant clarified their intent of the reimbursement provision contained within the Agreement. In the past, the applicant has entered in a Memorandum of Understanding with the City Council prior to the execution of an Agreement. This provided the City and the applicant terms and fees which would be spelled out in the Agreement. Staff has recently received direction from the City Council that they would no longer be entering into a Memorandum of Understanding prior to an Agreement being filed for a project. The applicant has filed the Agreement with the reimbursement provisions to allow them certainty in the Public Facility Fees they are expected to pay per unit. R:NSTAFFRM130PA96.CC2 11/5/96 mf The Agreement covers seventy-five (75) units. Building permits for 74 of the 75 units were issued in 1996 and the units are expected to be completed within calendar year 1996. All fees were paid prior to the issuance of building permits. The applicant has submitted a chronology for the project which has been included as Attachment No. 2. FISCAL IMPACT Total Development Agreement Fee: $5,334.00/unit Proposed Interim Public Facilities Fee: $3,590.00/unit Should the applicant be reimbursed for the fees already paid, the City would pay $1,744.00 per unit for a total of $130,800.00 (75 units). Attachments: 1 . City Council Ordinance No. 96- - Page 3 a.Exhibit A: Proposed Amendment and Restatement of Development Agreement No. 3 - Page 8 b.Exhibit 8: Conditions of Approval - Page 9 2. Letter from Applicant - Page 1 1 R:\STAFFRPT\13OPA96.CC2 1115/96 mf 2 ATTACHMENT NO. 1 ORDINANCE NO. 96- R:\STAFFRn\13OPA%.CC2 11/5/96 mf 3 ATTACHMENT NO. 1 ORDINANCE NO. 96- - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA APPROVING AN AMENDMENT AND RESTATEMIENT OF DEVELOP AGRE T NO. 3 BETWEEN THE CrrY OF TEMECULA AND VAN DAELE/WRI ASSOCIATES, L.P. FOR FINAL TRACT MAPS NO. 22761 AND 22762, WMM SPECIFIC PLAN NO. 180 (PLANNING APPLICATTON NO. PA96-0130) AS, Section 65864 cl sQ. of the Government Code of the State of California and Temecula City Resolution No. 91-52 authorize the execution of agreements establishing and maintaining requirements applicable to the development of real property; and, WHEREAS, in accordance with the procedure specified in said Resolution, Van Daele/WRI Associates, L.P. has filed with the City of Temecula an application for a Development Agreement which reflects an amendment and restatement of existing County Development Agreement No. 3 (hereinafter "this Agreement"), of a residential housing subdivision on its property for Tracts 22761 and 22762 (75 lots), hereinafter the "Subject Property" which application has been reviewed and accepted for filing by the Community Development Director; and, @EREAS, notice of the City's intention to consider adoption of this Agreement with Van Daele/WRI Associates, L.P. has been duly given in the form and manner required by law, and the Planning Commission and City Council of said City have each conducted public hearings on September 16, 1996 (Planning Commission), and October 8, 1996 (City Council) at which time it heard and considered all evidence relevant and material to said subject. THE CITY COUNCIL OF THE CITY OF TEMIECULA DOES ORDAIN AS FOLLOWS: Section 1. FINDINGS. The City Council hereby finds and determines, with respect to this Agreement by and between the City of Temecula and Van Dael Associates, L.P. that it: A. Is consistent with the objectives, policies, general land uses, and programs specified in the City of Temecula's General Plan in that this Agreement makes reasonable provision for the use of certain real property for residential development consistent with the General Plan's land use designation of Low-Medium Density Residential; B. Is compatible with the uses authorized in, and the regulations prescribed for, the land usedistrict in which the Subject Property referred to herein is located as this Agreement providesfor residential development pursuant to a Specific Plan; R:XSTAFFRPT\13OPA96.CC2 1115196 mf 4 C. Is in conformity with the public convenience, general welfare, and good land use practice because it makes reasonable provision for a balance of land uses compatible with the remainder of the City; D. Will not be detrimental to the health, safety, or general welfare because it provides adequate assurances for the protection thereof; E. Notice of the public hearing before the Planning Commission was published in a newspaper of general circulation at least ten (10) days before the Planning Commission public hearing, and mailed or delivered at least ten (10) days prior to the hearing to the project applicant and to each agency expected to provide water, sewer, schools, police protection, and fire protection, and to all property owners within six hundred feet (600') of the property as shown on the latest equalized assessment roll; F. Notice of the public hearing before the Planning Commission included the date, time, and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered, a general description in text or diagram of the location of the real property that is the subject of the hearing, and of the need to exhaust administrative remedies; G. Notice of the public hearing before the City Council was published in a newspaper of general circulation at least ten (10) days prior to the City Council public hearing, mailed at least ten (10) days prior to the hearing to the project applicant, to each agency expected to provide water, sewer, schools, police protection, and fire protection, and to all property owners within six hundred feet (600') of the property as shown on the latest equalized assessment roll; H. Notice of the City Council hearing included the date, the time, and place of the public hearing, the identity of the hearing body, the general explanation of the matter to be considered, a general description in text or by diagram of the location of the Property that is the subject of the hearing, and the notice of the need to exhaust administrative remedies; 1. City Council approves this Agreement by Ordinance based upon evidence and findings of the Planning Commission and new evidence presented at its hearing on this Agreement, giving its reasons therefor and setting forth the relationship between this Agreement and the General Plan; K. The benefits that will accrue to the people of the City of Temecula from this Agreement are as follows: 1 . Generation of municipal revenue; 2.Construction of public infrastructure facilities; 3. Acceleration of both the timely development of subject property as well as the payment of municipal revenue; R:\STAFFRP'nl3OPA96.CC2 11/5/96 mf 5 4. Enhancement of quality of life for surrounding residents with the timely development through the elimination of dust and nuisance of partially improved lots; and 5.Payment of Public Facility Fees (fire, library, traffic signal mitigation, development and RSA). Section 2. APPROVAL. This Agreement, attached hereto and incorporated herein by this reference as Exhibit A, is hereby approved subject to the conditions set forth in Exhibit B, attached hereto and incorporated herein by this reference. The Mayor is authorized and directed to evidence such approval by executing this Agreement for, and in the name of, the City of Temecula; and the City Clerk is directed to attest thereto; provided, however, that this Agreement shall not be executed by the City until this Ordinance takes effect and the City has received from the applicant two executed originals of said Agreement. Section 3. SP-VFR ABU =. 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 4.NOTTCE OF ADOPTION. The City Clerk shall certify to the adoption of this Ordinance andshall cause the same to be posted as required by law. Section 5.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. Wi@ 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the nwnes of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. R:NSTA 130PA%.CC2 11/51% mf 6 Section 6. PASSED, APPROVED AND ADOPRED tlus _ day of 1996. Karel Lindemans, Mayor ATTEST: June S. Greek, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney STATE OF CALIFORNIIA) COUNTY OF RI[VERSI]DE) CITY OF TEMECULA) 1, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. was duly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 199-, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of 199_, by the following vote, to wit: AYES:COUNCILMEMBERS: NOES:COUNCILMEMBERS: ABSENT:COUNCILMEMBERS: June S. Greek, City Clerk R:\STA 130PA96.CC2 11/5/96 mf 7 EXHIBIT A PROPOSED AMENDMENT AND RESTATEMENT DEVELOPMENT AGREEMENT NO. 3 R:NSTAFFRM130PA96.CC2 11/5/96 mf 8 RECORDED AT THE REQUEST OF WHEN RECORDED RETURN TO City Clerk City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 (Space Above Line For Recorder's Use) @NDMMNT AND RESTATENENT OF DEVELOPNMNT AGREEMMNT SPECIFIC PIAN NO. 180 PLANNING AREA 8/9 & 12 PLANNING APPLICATION NO. PA 96-0130 "RANCHO E[IG S" VAN DAELE/WRI ASSOCIATES, ILP. @NDNMNT AND RESTATEMMNT OF DEVELOPNMNT AGREENENT BETWEEN Crff OF TEMEECULA and VAN DAELE/WRI ASSOCIATES, I.P. This Amendment and ent ofdevelopment Agreement ("Agreement") is entered into by and among the City of Temea4 a California Municipal Corporation C'City") and Van Dael Associates, L.P. a California Limited Partnership C'Owner"): RF-CITAT,,q A.Pursuant to California Government Code Section 65864, seq. ("Development Agreement Statutes"), Kaiser Development Company a California Corporation and others and the County of Riverside, California C'County") entered into Development Agreement No. 3 recorded in the Official Records ofriverside County, California on October 21, 1988, as Instrument No. 306874 ("Development Agreement No. 3"). B.Development Agreement No. 3 encompasses a project formerly located within County approvedSpecific Plan No. 180 known as "Rancho I-Iighlands", a mixed use subdivision, (the "OriginalProject"), to be developed on property which came within the municipal boundaries of the City whenthe City incorporated on December 1, 1989. This Agreement encompasses only a portior, of the Original Proj@ a residential development located in a portion of Planning Area 8/9 & 12 (the "Project"). The balance of the Original Project covered by Development Agreement No. 3 not included within Planning Area 8/9 & 12 is not amended or impacted by this Agreement. C. Pursuant to the provisions of tke Development Agreement Statutes, the City became the successor-in-interest to the County under Development Agreement No. 3 upon incorporation of the City. Pursuant to Owner obtaining title to the Project as recorded in the Official Records of Riverside County, California on Apfil 19, 1996 as Instrument No. 141437, and pursuant to the provisions of Development Agreement No. 3, Owner became successor-in-interest to the "Owner" described in Development Agreement No. 3. D. Pursuant to Section 65868 of the Development Agreement Statutes, the City and Owner propose to restate and amend Development Agreement No. 3 to substitute this Agreement for Development Agreement No. 3, but only to the extent Development Agreement No. 3 pertains to the Project. E. Pursuant and subject to the Development Agreement Statutes, the City's police powers and City Resolution No. 91-52, City is authorized to enter into binding agreements with persons having legal or equitable interest in real property located within the City's municipal boundaries or sphere of influence thereby establishing the conditions under which such property may be developed in the City. F. By entering into this Agreement, City shall bind future Members of the City Council of City by the obligations specified herein and @er limit the future exercise of certain govemmenw R:\PLANNING\13OPA96.DA 9/11/96 mf and proprietary powers of Members of the City Council. Likewise, Owner shaff bind its successors in interest to the obligations spwffied in the Agreement. G. The tam and conditions of this Agreement have undergone extensive review by the staff of the City, the Planning Commission of the City, and the City Council of City and have been found to be fair, just, and reasonable. H. City finds and d es that it will be in the best @est of its citizens and the public health, safety and welfare will be served by entering into this Agreement. I. AU of the procedures and requirements of the California Environmental Quality Act relevant to this Agreement have been met. 1. Riverside County Ordinance No. 659, as adopted by the City, establishes public facilities impact fees for residential development within City ("RSA Feee'). City requires these revenues to mitigate the impact of development. City requires RSA Fees from development of the Property in order to complete capital projects to mitigate the impact of the Project. K. Development Agreement No. 3 provided for public @ties and services impact fees C'County Development Agremnent Feee) higher than the RSA Fees. These higher fees, particularly during the present economic @on, unduly discourage and delay development and thereby prevent City from ever receiving the County Development Agreement Fees or RSA Fees. Consequently, the City is willing to reduce the County Development Agreement Fees for residential development in the Project to a level comparable to the RSA Fees. L.City and Owner acknowledge that development of the Project will result in the generation of municipal revenue, for public cture @ties and the enhancement of the quality of fife, including recreation facilities for present and future residents of the City. The benefits to the City and Owner contemplated by development of the Project include: (1)completion of vacant lots in Project; (2)payment of signal mitigation fees; (3)payment of library fees; (4)payment of park fees M. The City and Owner acknowledge that due to the present economic situation, none of these benefits to the City are possible unless the Project proceeds with development. N.City Council of City has approved this Agreement by Ordinance No. CEffective Date"). On the Effective Date, and of no @er force and effect as to the ]Project NOW, TBEREFORE in consideration of the above Recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and incorporated herein the parties agee: R:\P@ING\13OPA96.DA 9/11/96 mf 2 adopted on . and effective on Development t No. 3 shall be only, having been replaced by this Agreement. 1. Definitions. In this Agreeme@ unless the context otherwise requires, the following words and phrases shall have the meaning set forth below: 1.1"City" is the City of Temecula. 1.2"City Public Facility Fe6" is an mmurt to be @fished by Ordinance of City. 1.3"County" is the County of Riverside. 1.4 "County Development Agreement Fee' means the County public facilities and services mitigation fee set forth in Section 4.2 of Development Agreement No. 3. 1.5 "Development Exaction" means any requirement of City in connection with or pursuant to any Land Use Regulation or Existing Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the enviroranent or other public interests. 1.6"Development Plan" means the Existing Development Approvals. 1.7"Effective Date" means the date upon which the Ordinance approving this Agreement becomeseffective. Absent a referendum challenge, such date is thirty (30) days following the date the CityCouncil adopted such Ordinance. 1.8 "Existing Development Approval(s)" means those certain development approvals relating to the Property in effect as of the effective date of this Agreement, including, without Stations the "Existing Development Approvals" fisted in Exhibit A, attached hereto and incorporated herein by this reference, which were approved by the County. 1.9 "Eid@ Land Use Regulations" means those Land Use Regulations fisted on Exhibit B, attached hereto and incorporated herein by this reference, which are a matter of public record on the Effective Date of this Agreement. 1. IO 'Tinancing District" means a Community Facilities District formed pursuant to the MeUo-Roos Community Facilities Act of 1982 (California Goverrunent Code Section 533 11 et seq., as amended); an assessment district formed pursuant to Landscaping and Lighting Act of 1972 (California Street and I-Eghways Code Section 22500 et seg- as amended); a special assessment district formed pursuant to the Improvement Act of 1911 (California Streets and I-lighway Code Section 10102, as amended); or any other special assessment district existing pursuant to Sate law formed for the purpose of financing the cost of public improvements, facilities, services and/or public facilities fees within a specific geographical area of the City. 1. 1 1 "Hazardous Substance" shall include, without Stations any @able explosives, radioactive materials, asbestos, polychlorinated biphenyls, chemicals known to cause cancer or reproductive toxicity, substances described in Civil Code Section 2929.5 (e) (2), as it now exists or as subsequently amended, pollutants, contaminants, hazardous wastes, toxic substances or R:\PLANNING\13OPA96.DA 9/11/96 mf 3 related materials. Notwi ing the foregoing, "Hazardous Substances" shall not include substances customarily used in developing, operating or maintaining developments @ar to the Project, provided all such substances are used, stored, and disposed of in accordance with all applicable laws. 1. 12 "Interim Public Facilities Fee" means the fees set forth in Section 12.2 of this Agreement. 1.13 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations, and official policies of City, governing the development and use of land including without limitation: the permitted use of land; the density or intensity of use; subdivision requirements; the maximum height and'size of proposed buhdings;- the provisions for reservation or dedication of land for public purposes; and the design, improvement, and construction standards and specifications applicable to the development of the Property. '@ Use Regulations" does not include any County or City ordinance, resolution, code, rule, regulation, or official policy, governing: (a)The conduct of businesses, professions, and occupations; (b)Taxes and assessments; (c)The control and abatement of nuisances; (d) The granting of encroachment permits and the conveyance of rights and interest which provide for the use of or the entry upon public property; (e)The exercise of the power of eminent domain. 1.14 "Ownee, means Van DaeleNW Associates, L.P., a California Limited Partnership, and any successor in interest to Van Dael L.P. 1.15 "Project" is the development of the Property in accordance with the Development Plan. 1.16 "Property" is the real property described in Exhibit C, attached hereto and incorporated herein by this reference. 1. 17 "RSA Fee" means the fee established by County Ordinance No. 659, adopted by City by Ordinance No. 90.04. 1. 18 "Subsequent Development Approvals" means all development approvals required subsequent to the Effective Date in connection with development of the Property. 1. 19 "Subsequent I-and Use on7 means any Land Use on applicable to the Property adopted and effective after the Effective Date of this Agreement. R:\P@ING\13OPA96.DA 9/11/96 mf 4 2. Interest of Owner. Owner represents @ it has the fee title interest in the Property and that all other persons holding legal or equitable interest in the Property are to be bound by this Agreement. 3 . 'Exhibit.-.. The following documents referred to in this Agreement are attached hereto, incorporated herein, and made a part hereof by this reference: Exhibit Des' Descril2tion A. E)dsting Development Approvals B. @sting Land Use Regulations C. Legal Description of the Property D. Notice From Mortgagee 4. 4.1 The term of this Agreement shall commence on the Effective Date and shall extend for a period of ten (10) years thereafter, unless this Agreement is terminated, modified or extended by circumstances set forth in this Agreement or by mutual consent of the parties hereto. 4.2This Agreement shall terminate and be of no force and effect upon the occurrence of the entryof a final judgment or issuance of the final order after exhaustion of any appeals, directedthe City as a result of any lawsuit filed against directing the City to set aside, withdraw, or abrogate the approval by the City Council of City of this Agreement. 5.Assignment. 5.1 Rip-ht to Assimi. The Owner shall have the right to sell, transfer, or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map A@ Goverm-nent Code Section 66410, @, or Riverside County Ordinance No. 460, as the same was incorporated by reference into the Temecula Municipal Code by Ordinance No. 90-04,) to any person, partnership, joint venture, @ or corporation at any time during the term of this Agreement; provided, however, that any such sale, transfer, or assignment shall include the assigrunent and assumption of the rights, duties, and obligations arising under or from this Agreement and be made in strict compliance with the following conditions precedent: (a) No sale, @er, or assigrunent of any right or interest under this Agreement shall be made unless made together with the sale, transfer, or assigrunent of all or a part of the Property. Owner agrees to provide specific notice of this Agreement, including the record or document number, where a true and correct copy of this Agreement may be obtained from the Riverside County Recorder, in any grant deed or other document purporting to transfer the title or an interest in the Property during the term of this Agreement or any extension thereof (b) Concurrent with any such sale, transfer, or assignment, or within fifteen (I 5' business days thereafter, the Owner shall notify City, in writing, of such sale, transfer, or assignment and shall provide City with an executed agreement, in a form reasonably acceptable to the City Attorney, by the purchaser, transferee, or assignee and providing therein that the purchaser, R:\P@ING\13OPA96.DA 9/11/96 mf 5 @eree, or assignee unconditionally all the duties and obligations of the owner under this Agreement. Any sale, @er, or assignment not made in strict compliance with the foregoing conditions shall constituted a default by the Owner under this Agreement. Notwithstanding the failure of any purchaser, transferee, or assignee to execute the agreement required by Paragraph (b) of this Subsection, the burdens of this Agreement shall be binding upon such purchaser, transferee, or assignee, but the benefits or this Agreement shall not inure to such purchaser, transferee, or assignee until and unless such agreement is executed. 5.2 Release of TriLnsferring Owner. Notwithstanding any sale, transfer, or assigrunent, a transfer-ring Owner shall continue to be obligated under this Agreement unless such @ernng Owner is given a release in writing by City, which release Oa be provided by City upon the full satisfaction by such transferring Owner of @ of the following conditions: (a) The Transferring Owner no longer has a legal interest in aft or any part of the Property except as a beneficiary under a deed of trust. (b)The Owner is not then in defilult under this Agreement. (c) The Owner or purchaser has provided City with the notice and executed agreement required under Paragraph (b) of Subsection 5.1 above. (d) The purchaser, transferee, or assignee has provided City with security equivalent to any security previously provided by the Transferring Owner to secure performance of its obligations hereunder. (e) The Transferring Owner has reimbursed City for any and all City costs associated with Owner's transfer of all or a portion of the Property. 5.3 Termination of Agreement with Respect to Individual Lots upon Sale to Public and Completion of Construction. Notwithstanding Subsection 5. 1, or any other provisions of this Agreement, this Agreement shall terminate with respect to any lot and such lot shall be released and no longer be subject to this Agreernentwithout the execution or recordation of any further document upon satisfaction of both of the following conditions: (a)The lot has been @y subdivided and individually (and not in "bulk") sold or leased (for a periodlonger than one year) to a member of the public or other ultimate user; and (b)A C@cate of Occupancy has been issued for a building on a lot, and the fees set forth in this Agreement have been paid. 5.4Subsequent Assig=ent. Any subsequent sale, transfer, or assigrunent after an initial sale, @er,or assigrunent shall be made only in accordance with and subject to the terms and conditions of thisSection. R:\P@ING\13OPA96-DA 9/11/96 mf 6 6. Mortgagm Protection. The parties hereto that this Agreement shall not prevent or limit Owner, in-any manner, at Owner's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of @ or other security device g finan@ with respect to the Property. City acknowledges that the lenders providing such fimcmg may require Agreement interpretations and mockfications and agrees upon request, from time to time, to meetwith the Owner av4 representatives of such lenders to negotiate in good faith any such requested interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Owner shall reimburse City for any and all of City's reasonable costs associated with the negotiations, interpretations, and modifications within thirty (30) days of receipt of an invoice from City. Any Mortgagee of the Property shall be entitled to the following rights and privileges: (a)Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid,or impair the hen of any mortgage on the Property made in good faith and for value, unlessotherwise required by law. (b)The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof,which Mortgagee has submitted a request in writing, in the form as attached hereto as Exhibit D, attached hereto and incorporated herein by this reference, to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by the Owner in the perfomiance of the Owner's obligations under this Agreement. (c) If City timely receives- a request from a Mortgagee, in the form set forth on Exhibit D, attached hereto and incorporated herein by this reference, requesting a copy of any notice of default given to the Owner under the terms of this Agreement, City shall endeavor to provide a copy of that notice of default to the Mortgagee within ten 10 days of sending the notice of default to the Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. City shall have no liability for damages or otherwise to Owner, Owner's successor, or to any Mortgagee or successor thereof for the failure to provide such notice. (d) Any Mortgagee who comes into possession of the Property, or any part thereo@ pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of the Owner's obligations or other affirmative covenants of the Owner hereunder, or to guarantee such performance, provided however, that to the extent that any covenant to be performed by Owner is a condition precedent to the perfommce of a covenant by City, the performance thereof shall continue to be a condition precedent to City's performance hereunder, and @er provided that any sale, @er or assignment by any Mortgagee in possession shall be subject to the provisions of Section 5.1 of this Agreement. The term of the Agreement shal' not be extended based on the fact that a Moitgagee holds title to the Property for all or any part of the term of this Agreement. R:\PLANNING\13OPA96.DA 9/11/96 mf 7 (e) Any Mortgagee who comes into possession of the Property, or any portion thereo@ pursuant to subsection (d) above and who e@ not to assume the obligations of the Owner set forth herein shall not be entitled to any rights to develop which have or may have vested as a result of this Agreement. 7. IRindingFfrt-ct of Agmement. The burdens of this Agreement bind and the benefits of the Agreement @e to the successors-in-interest to the parties to it in accordance with the provisions of and subject to the limitations of this Agreement. 8. E4ject as a Private Undertaking/Rel:;tionship of Parties. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is an independent contracting entity with respect to the terms, covenants, and conditions contained in this Agreement. No partnership, joint venture, or other association of any kind is fomied by this Agreement. The only relationship between City and Owner is that of a govenunent entity regulating the development of private property and the owner of such property. 9. Changes in Prqject. No change, modification, revision, or alteration of Existing Development Approvals may be made without the prior approval of the City. City may expand the permitted uses for the Property without amending this Agreement so long as Owner or Owner's successor retains his/her/their existing entitlements. 10. Timiniz of Development. The parties acknowledge that Owner cannot at this time predict when, or the rate at which the Property will be developed. Such decisions depend upon numerous factors which are not within the control of Owner, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties, it is the parties intent to cure the deficiency by acknowledging and providing that the Owner shall have the right to develop the property in such order, at such rate, and at such times as the Owner deems appropriate within the exercise of its subjective business judgment, subject only to any timing or phasing requirements set forth in the Development Plan. 11.Indenuiity and Cost of L' 11.1 Hold 14armiess. Owner agrees to and shall hold City, its officers, employees, agents, and representatives harmless from liability for damage or claims for damage for personal injury including death and claims for property damage which may arise from the direct or indirect operations of the Owner or those of its contractor, subcontractor, employee, agents, or other person =mg on its behalf which relue to the Project, regardless of whether or not City prepared, supplied, or approved plans or specifications for the Project. This indemnification requirement shall survive the termination or expiration of this Agreement. 11.2 Cg=LitisiationConcemingAgrcement. IntheeventtheCountyseeksto challenge the right of City and Owner to enter into this Agreement or to terminate Development R:\PLANNING\13OPA96-DA 9/11/96 mf 8 Agreement No. 3, and institutes an action, suit, or Pr to challenge this Agreement or invalidate and/or enjoin the enforcement of this Agreement or the termination of Development Agreement No. 3, City and Owner agree to cooperate and participate in a joint defense in any action against the parties, their officers, employees, and agents, from and against any and all such obligations, liability, suit cl@ loss, judgment, or hen resulting from such action (s) brought by County, (but excluding actions to expunge any ]is pendens) and to share the costs associated with attorneys fees and costs that the parties may incur as the result of any such action or lawsuit to challenge City and/or Owner's legal authority to enter into this Agreement and/or terminate Development Agreement No. 3. If the County action is against all impacted developments for which the City has lowered the otherwise applicable County fees, then Owner's defense costs herein shall be its pro rata share among all impacted landowners based on a ratio of contribution of the total units owned by Owner which are subject to this Agreement compared to the total number of units within the City in which City has lowered the County fees and which are included in such legal challenge. If the County action is only against Owner with respect to this Agreement, then Owner's defense costs shall be one-hundred percent (1001/o) of the attorneys fees and costs for defense of the litigation. City and Owner shall mutually agree on legal counsel to be retained to defend any such action(s) brought by the County as herein provided. City and Owner each reserve the right to withdraw from the defense of the County litigation in the event the County prevails at the trial level and there is an appeal. If either party withdraws after the trial and there is an appeal, the remaining party shall pay all the costs and fees associated with the appeal. 11.3CouMy LitiL7ation Conceminiz A2reement - Damages. In the event the County prevails in any legalaction or other proceeding to challenge, set aside, or enjoin the enforcement of this Agreement andthe amendment of Development Agreement No. 3, damages (including the difference in the amount of any Interim Public Facilities Fee paid by Owner to City pursuant to the terms of this Agreement and the amount of the County Development Agreement Fee) shall be the responsibility of Owner. To the extent Owner has paid Interim Public Facilities Fees to City which are adjudicated to lawfiffly belong to the County, City shall pay such sums to County and Owner shall be liable for the payment of the difference between the County Development Agreement Fee reduced by the amount paid by the City. 11.4 County Prevail-, in T,itigation - Severability. In the event the County prevails at the trial court level against the City or the Owner as described in Section II. 2 of this Agreement, the amount of the Interim Public Facilities Fee or the City Flubfic Facilities Fee, as the case may be, shall revert to the amount of the County Development Agreement Fee in effect at the time of entry of the final judgment in favor of the County, or such lesser amount as determined by the court. In the event this Agreement is held to be invalid or unenforceable by a trial court of competent jurisdiction, the provisions set forth in Sections 12.2 and 12.3 of this Agreement shall no longer be enforceable and from the date of the final judgment or ruling of invalidity, Owner shall thereafter pay the County Development Agreement Fee as provided in Section 4.2 of Development Agreement No. 3, or such lesser amount as determined by the court. AU other provisions of this Agreement shall remain valid and enforceable notwithstanding the ruling of invalidity. 11.5 ThirdPaMLitigationConce@L7Agr=ent. Owner@ind protect, defend, at its expense- including attomey's fees; and hold hanniess City, its officers, employees, or agents against any loss, cost expense, claim, or counter-cl@ complaint or proceeding to attack, R:\P@ING\13OPA96.DA 9/11/96 mf 9 set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this ent brought by a third party other dm the County. City shall promptly notify Owner of any such @ action, or proceeding and City shall cooperate in the defense. If City fidls to promptly notify Owner of any such @ action, or proceeding, or if City faus to cooperate in the defense, Owner shall not thereafter be resporwble to defend, indemnify, or hold harmless City. City may in its discretion participate in the defense of any such c@ action, or proceeding. 11.6 EnvironmentW Assuranco. Owner shall indemnify, protect, defend with counsel approved by City, and hold harmless City, its officers, employees, agents, assigns, and any successor or successors to City's interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damages, punitive damages, injuries, costs, response, remediation, and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interests, fines, charges, penalties and expenses (including but not limited to anomeys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred, or suffered by, or asserted against, City or its officers, employees, or agents arising from or attributable to any repair, cleanup, or detoxificatior4 or preparation and implementation of any removal, remedial, response, closure, or other plan ( regardless of whether undertaken due to govenunental action ) concerning a Hazardous Substance or hazardous wastes at any place within the property which is the subject of this Agreement. The foregoing indenuiity extends beyond the term of this Agreement and is intended to operate as an agreement pursuant to Section 107(e) of the Comprehensive Envirorunental Response, Compensatior4 and Liability Act, C'CERCLA!'), 42 U.S. C. Section 9667(e), and California Health and Safety Code Section 253 64, and their successor statutes, to insure, protect, hold harmless, and indemnify City from liability. II .7 Release. Except for nondamage remedies, Owner, for @ its successors and assignees, hereby releases the City, its officers, agents, and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the Cafifomia Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon the City because it entered into this Agreement or because of the terms of this Agreement. I 1. 8 Reservation of @s. With respect to Sections I 1. I through I 1. 7 herein, City reserves the right to either (1) approve the attomey(s) which Owner selects, hires, or otherwise engages to defend City hereunder, which approval @ not be unreasonably withheld, or (2) conduct its own defense, provided, however, the Owner shall reimburse City forthwith for any and all reasonable expenses incurred for such defense, including attomey's fees, upon b@g and accounting therefor. 11.9 Survival. The provisions of this Section I 1. I to I 1. 9, inclusive, shall survive the termination of this Agreement. 12.Public Benefits- Public Improvements and Facilities. R:\PLANNING\13OPA96.DA 9/11/96 mf 10 12.1 I=. The parties acknowledge and Wm that this Agreement ronfers private benefits on the Owner which should be balanced by commensurate public benefits. Accordi4y, the parties intend to provide consideration to the public to balance the private benefits conferred on the Owner by providing more fully for the satisfaction of the public needs resulting from development of the Project. 12.2Interim Public Facilities Fee. (a) In lieu of the County Development Agreement Fee, RSA Fee or City Public Facility Fee, for a period of five (5) years commencing on the Effective Date, Owner shall pay an Interim Public Facilities Fee of Three Thousand Five Hundred and Nmety Dollars ($3,590.00) per dwelling unit inclusive of Street Improvement Fees, Trafric Signalization Fees, Parks and Recreation Fees and Library Fees. The Interim Public Facilities Fee shall be paid as provided in Section 12.3 below. At the conclusion of the five (5) year period, Owner shall either continue to pay the Interim Public Facilities Fee of Three-Thousand-Five-Hundred and Nmety Dollars ($3,590.00) per dwelling or such other public facilities fee as the City has then enacted and applied to residential development projects in the City. Owner expressly acknowledges the e)dstence and holding in the case of Kaufinan and Broad Central Valicy- Inc. v. City of Modesto, (1994), 25 Cal.App.4th 1577 , as it applies to Wa adopted fees. Owner hereby waives for himself, and for any successor thereto, the right to challenge the validity or amount of any such other public facilities fees which are enacted and applied to residential development projects in the City. Such waiver applies to the Project @ the first five (5) years of this Agreement. Owner acknowledges and agrees that City would not have entered into this Agreement if its application or operation would limit in any way the City's ability to develop and apply a Comprehensive Public Facilities Fee Program to this Project following the first five (5) years of the term of this Agreement. Owner fin-ther acknowledges and agrees that the waiver provided herein applies not only to this Agreement, but to any rights Owner may have under any vesting map filed and deemed complete under the vesting maps statutes, Government Code Section 66498.1 et seq.. Finally, Owner agrees that the institution of any legal action by Owner, or any successor thereo@ to challenge the validity, arnoun@ or application of any public facilities fee after the first five (5) yeari of this Agreement, including paying such fees "under protest" pursuant to Government Code Section 66020 et seq., shall constitute a material breach and default under this Agreement entitling the City to summary termination hereof (b) The fees required by paragraph (a) shall be adjusted annually during the term of this Agreement on the anniversary of the Effective Date in accordance with the changes in the Consumer Price Index for AU Urban Consumers in the Los Angeles-Anaheim-Riverside Area (hereinafter CPI) published monthly by the U.S. Bureau of Labor Statistics. The annual adjustment shall be calculated in the following manner: (i) Divide the CPI for month and year of the Effective Date into the CPI for the month inmiediately preceding the anniversary in which the fees are to be adjusted. (ii) Multiply the quotient obtained by the calculation in sub-paragraph (i' above times the fees. R:\P@ING\13OPA96.DA 9/11/96 mf (iH) The result of the nuiltipfication obtained in sub-paragraph (a) above shall constitute the fees payable during the succeeding year. If the CPI specified herein is discontinued or revised during the term of this Agreement, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would have been obtained if the CPI had not been discontinued. In no event shall the fees be less than the fees set forth m paragraph (a) of this Section 12.2. 12.3 Timing. Collection of any and all Interim Public Facilities Fees and/or City Public Facilities Fees, if any, required to be paid by Owner pursuant to this Agreement shall be deferred until such time as a certificate of occupancy has been obtained for the first production home built on the Property. Thereafter, the Public Facilities Fees and/or City Public Facilities Fees, if any, shall be paid at the time issuance of budding permits for each residential unit constructed on the Property. Collection of any and all Interim Public Facilities Fees and/or City Public Facilities Fees paid by the Owner for all home units paid prior to adoption of the Agreement in surplus to those fees contained herein shall be credited to Owner. 12.4Other @licable Fees. (a) Owner shall also pay all other customary and typical development exactions, for a project of this @ and nature, in @ence as of the Effective Date and throughout the term of this Agreement, not included in the Interim Public Facilities Fee, pursuant to provisions of City ordinances and resolutions in existence when paid. (b) The parties hereto agree that to the extent the applicable Steven's Kangaroo Rat and drainage fees have not been paid prior to the execution of this Agreement by both parties, those fees remain applicable to the Project. 12.5Public Works. If Owner is required by this Agreement or any other obligation, to construct any publicworks facilities which will be dedicated to City or any other public agency upon completion and ifrequired by applicable laws to do so, Owner shall perform such work in the same manner and subjectto the same requirements as would be applicable to City or such other public agency should it have undertaken such construction. 13.Reservation of Authoritv. 13.1 Limitations- Reservations- and Exceptions. Notwithstanding any other provision of the Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Property: (a) Processing fees and charges imposed by City to cover the estimated actual costs to City of processing applications for Subsequent Development Approvah. R:\PLMNING\13OPA96.DA 9/11/96 mf 12 (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports,. recommendations, appeals, and any other matter of procedure. (c) Regulations imposing Development Exaction's; provided, however, that no such subsequently adopted Development Exaction's sW be applicable to development of the Property unless such Development Exaction's are applied uniformly to development throughout the City. (d) Regulations governing construction standards and specifications including without Stations the City's BuHding Code, Plumbing Code, Mechanical Code, Electrical Code, and Fire Code. (e) Regulations which are NOT in conflict with the Development Plan. Any regulation, whether adopted by initiative or otherwise, @ting the rate or timing of development of the Property shall be deemed to conflict with the Development Plan and shall therefore not be applicable to the development of the Property. (f) @ations which are in conflict with the Development Plan, provided Owner has given written consent to the application of such regulations to development of the Property. 13.2 Sub=quent Development @rovals. This Agreement shall not prevent City, in acting on Subsequent Development Approvals, from applying the Subsequent Land Use Regulations which do not conflict with the Development P@ nor shall this Agreement prevent City fi7om denying or conditionally approving any Subsequent Development Approval on the basis of the Existing or Subsequent Land Use Regulations not in conflict with the Development Plan. 13.3 Modification or Susi2ension by State or Federal Law. In the event that State or Federal laws or regulations enacted after the Effecfive Date of this Agreement prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations. In that event, however, this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 13.4 Rey-ulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of City possess authority to regulate aspects of the development of the Property separately from or jointly with City and this Agreement does not limit the authority of such other public agencies. 13.5 Tentative Tract MM Extension. Pursuant to the provisions of Section 66452.6 of the Government Code, the tentative subdivision map(s) or tentative parcel map(s) (vested or regular) approved as a part of implementing the Development Plan shall be extended to expire at tht end of the term of this Agreement. R:\P@ING\13OPA96.DA 9/11/96 mf 13 13.6 VestinL, Tentative M=s. Fany tentative or @ subdivision map, or tentative or final parcel map, heretofore or hereafter approved in connection with the development of the Property, is a vesting map under the Subdivision Map Act (Government Code Section 664 1 0, and Riverside County Ordinance No. 460, as the same were incorporated by reference into the Temecula NWnicipal code by Ordinance No. 90-04, and if this Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a vested right to develop to the Owner, then and to that extent the rights, obligations, and protections afforded the Owner and City resp@vely, under the laws and ordinances applicable to vesting maps shall supersede provisions of @ Agreement. Except as set forth irnm above, development of the Property shall occur only as provided in this Agreement, and the provisions in this Agreement shall be controlling over conflicting provisions of law or ordinances concerning vesting maps. 14.Develoi2ment of the ProRcM- Vesting. Termination of Development Agrcement No. 3 14.1 Riizhts to D@. Subject to the terms of this Agreement, including payment of the Interim Public Facilities Fee, the Owner shall have a vested right to develop the Property in accordance witk and to the extent of the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. Except as otherwise provided in this Agreement, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Development Plan. In exchange for the vested right to develop pursuant to this Agreement, Owner expressly waives for himself and for any successor thereto, the right to challenge or contest the validity of any condition of approval attached to any entitlement which is a part of the Development Plan. 14.2 Effect of Agreement on Land Use Rep-ulations. Except as otherwise provided under the terms of this Agreement, including the payment of the Interim Public Facilities Fee, the rules, regulations, and official policies gov@g permitted uses of the Property, the density and intensity of use of the Property, the maximum height size of proposed buildings, and the design, unprovement and construction ds and specifications applicable to development of the Property shall be Existing Land Use Regulations. City shall exercise its lawful reasonable discretion in connection with Subsequent Development Approvals in accordance with the Development Plan, and as provided by this Agreement including, but not limited to, payment of the Interim Public Facilities Fee and/or the City Public Facilities Fee, as the case may be. City shall accept for processing, review, and action all applications for Subsequent Development Approvals, and such applications shall be processed in the normal manner for processing such matters. City may, at the request of Owner, contract for planning and engineering consultant services to expedite the review and processing of Subsequent Development Approvals, the cost of which shall be bome by Owner. 14.3 Chang= and ents. The parties acimowledge @ refinement and further development of the Project will require Subsequent Development Approvals and may demonstrate that changes are appropriate and mu@y desirable in the Existing Development approvals. In the event the Owner finds that a change in the Existing Development Approvals is necessary or appropriate, the Owner shall apply for a Subsequent Development Approval to effectuate such change. If approved, any such change in the Existing Development Approvals shall be incorporated R:\P@ING\13OPA96.DA 9/11/96 mf 14 herein as addendum to @ Agreement and may be finther changed from time to time as provided in @s SectiorL Owner, @ within @ (30) days of written demand by City, reimburse City for any and all reasonable costs, with any amendment or change to this Agreement that is initiated by Owner or Owner's successor - without regard to the outcome of the request for amendment or change to this Agreement. Unless otherwise required by law, as determined in City's reasonable @etion, a change to the Existing Development Approvals shall be deemed "minor" and not require an amendment to this Agreement provided such a change does not: (a) Alter the permitted uses of the Property as a whole, exrept as provided in Section 9 hereof, or, (b)Increase the density or intensity of use of the Property as a whole; or, (c)Increase the maximum height and size of permitted buildings; or, (d) Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole; or, (e) Constitute a project requiring a subsequent or a supplemental Environmental Impact Report pursuant to Section 21166 of the Public Resources Code. 14.4 Minimum Unit Size. Owner agrees that the units to be constructed on the Property shall be a minimum of two thousand (2,000) square feet in size. 14.5 Tem-dnation of Development ALreement No- 3. Both City and Owner agree that on the Effective Date of this Agreement, Development Agreement No. 3 shall be terminated and of no further force or effect as to this Project only, having been replaced by this Agreement. 15.Periodic Review of Compliance with ALreement. (a) Pursuant to City Resolution No. 91-52, as it may be subsequently amended, City shall review this Agreement at least once during every twelve (12) month period from the Effective Date of this Agreement. The Owner or successor shall reimburse City for the reasonable and necessary costs of this review, within thirty (30) days of written demand from City. (b) During each periodic review by City, the Owner is required to demonstrate good faith compliance with the ten= of this Agreement. The Owner agrees to @sh such evidence of good faithcompliance as City in the exercise of its discretion may require. 16.FinancinL7 District. Upon the request of Owner, the parties shall cooperate in exploring theuse of special assessment @cts and other similar Financing Districts for the financing of the construction, improvement, or acquisition of public infrastructure, Facilities, lands, and improvements to serve the Project and its residents, whether located within or outside the Property It is acknowledged that nothing contained in this Agreement shall be construed as requiring City or City Council to form such a district or to issue or sell bonds. R:\P@ING\13OPA96.DA 9/11/96 mf 15 17. Agreement or Cancellation of Ag=ment. This Agreement may be amended or canceled in whole or in part only by mutual consent of the parties and in the mmmer provided for in Government Code Secfions 65868. If an ameqdment is requested by the Owner or its successor, the Owner/suc,cessor agrees to pay City any Development Agreement processing fee then in existence as established by City Council Resolution, or if no such fee is established, to reimburse City for the actual and reasonably necessary costs of reviewing and processing the Agreement within thirty (30) days of written demand from City - without regard to City's action on such amendment. 18. Enforcement. Unless amended or canceled as herein provided, this Agreement is enforceable by any party to it, notwithstanding a change in the applicable general or specific plan, zoning, subdivision, or building regulations adopted by the City. 19. Events of Default. Owner is in default under this Agreement upon the happening of one or more of the following events or conditions: (a) If a warranty, representation, or made or @shed by Owner to City is false or proves to have been false in any material respect when it was made; (b) More than forty-five (45) days have passed since City's making of a written request to Owner for payment or reimbursement for a fee or service authorized or agreed to pursuant to this Agreement. (c) A finding and det tion by City that upon the basis of substantial evidence the Owner has not complied in good faith with one or more at the ten-ns or conditions of this Agreement. 20.Procedure @on Default. (a) Upon the occurrence of an event of de&4 City may terminate or modify this Agreement in accordance with the procedure adopted by the City. (b) City does not waive any claim of defect in performance by Owner implied if on periodic review the City does not propose to modify or terminate this Agreement. (c)Non-perfommce shall not be excused because of a failure of a third person. (d) Non-perfommce ga be only when it is prevented or delayed by acts of God or an emergency declared by Governor. (e)AU other remedies at law or equity which are not otherwise provided for in this Agreement or in City's r ons governing development agreements are available to the parties to pursue in the event there is a breach. 21. Remedies. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that City, and its officers, employees and agents, shall not be liable in damages to Owner or to any assignee, transferee of R:\P@ING\13OPA96.DA 9/11/96 mf 16 Owner, or any other person, and Owner covenants not to sue for claim any damages for breach of that Agreement by City. It is acknowledged by the parties that City would not have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof Owner, for himself or any successor thereto, expressly waives the right to seek damages against the City or any officer, employee or agent thereof for any default or breach of this Agreement. 22. Attom@ Fees and Costs. If legal action by either party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing party is entitled to reasonable attorneys fees and court costs. 23. Notices. AU notices required or provided for under this Agreement shall be in writing and delivered in person or sent by cerdfied mail postage prepaid and presumed delivered upon actual receipt by personal delivery or within three (3) days following deposit thereof in United States Mail. Notice required to be given to City shall be addressed as follows: To City:City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Attn:City Clerk With a copy to:Peter M. Thorson, City Attorney Richards, Watson & Gershon A Professional Corporation 333 So. Hope Street, 38th Floor Los Angeles, CA 90071-1469 Notices required to be given to Owner shall be addressed as follows: To Owner:Van Daele / WRI Associates, L.P. Van Daele Development Corporation 2900 Adams Street, Suite C-25 Riverside, CA 92504 Attention: Brice H. Kittle, Vice President A party may change the address by @g notice in writing to the other party in the manner provided for herein, and thereafter notices shall be addressed and transmitted to the new address. 24. Cool2eration. City agrees that it shall accept for processing and promptly take action on all applications, provided they are in a proper form and acceptable for required processing for discretionary permits, tract or parcel maps, or other land use entitlement for development of the Project in accordance with the provisions of this Agreement. City shall cooperate with Owner in providing expeditious review of any such applications, permits, or land use entitlement and, upor request and payment of any costs and/or extra fees associated therewith by Owner, City shall assign to the Project planner(s), building inspector(s), and/or other staff personnel as required to insure the timely processing and completion of the Project. R:\PLANNING\13OPA96.DA 9/11/96 mf 17 25.Mscellaneous Provisions. 25. I Recordation of Agrr,=ent. This Agreement and any wnendment or cancellation thereof shall be recorded with the County Recorder by the City Clerk within the period required by Section 65868.5 of the Government Code. 25.2 Entire Agrc=ent. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any ldnd or nature to interpret or determine the terms or conditions of this Agreement. 25.3 SeverabUb. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenfo@le, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section 4 of this Agreement, including the payment of the fees set forth therein, are essential elements of this Agreement and City would not have entered into @s Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever. 25.4 Int=retation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreemen@ all parties having been represented by counsel in the negotiation and preparation hereof 25.5Section He . AU section headings and subheadings are inserted for convenience only andshall not affect any construction or interpretation of this Agreement. 25.6Singular and Plural. -.U used herein, the singular of any word includes the plural. 25.7Joint and Several Obfig@. If at any time during the term of this Agreement the Property is owned, in whole or in part, by more than one Owner, all obligations of such Owners under this Agreement shall be joint and sev@ and the default of any such Owner shall be the default of all such Owners. Notwithstanding the foregoing, no Owner of a single lot which has been finally subdivided and sold to such Owner as a member of the general public or otherwise as an ultimate user shall have any obligation under this Agreement except as provided under Section 4 hereof. 25.8 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. R:\PLWING\13OPA96.DA 9/11/96 mf 1 8 25.9 Waiver. Failure by a party to insist upon the strict perfomiance of any of the provisions of this Agreement by the other party, or the faflure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 25. 1 0 No Third PaM Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 25. 11 Force Majeure. Neither party sW be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, -riots or similar hostilities, strikes and other labor difficulties beyond the party's control, (including the party's employment force), goverrunent regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party's control. If any such events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder may be extended by the written agreement of the parties for the period of time that such events prevented such performance, provided dw the term of this Agreement shall not be extended under any circumstances for more than five (5) years. 25.12 Mutual Covenants. ne covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 25.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. AN provisions of this Agreement shall be enforceable as equitable servitude and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property, (b) runs with the Property and each portion thereof, and (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof 25.14 Count=@. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 25. 1 5 Jufisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by an party hereto for the purpose of enforcin& construing or determining the validity of any provision of this Agreement shal be filed and tried in the Superior Court of the County of Riverside, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. 25.16 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. R:\PI.ANNING\13OPA96.DA 9/11/96 mf 19 Upon the request of either party at any time, the other party shad promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required ents and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fiM the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 25.17 Eminent D@ No provision of this Agreement shall be construed to limit or restrict the exercise by City of its power cl eniinent domain. 25.18 Aizent for Service of . In the event owner is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or- it is a foreign corporation, then in any such event, Owner shall file with the Planning Director, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon Owner. If for any reason service of such process upon such agent is not feasible, then in such event Owner may be personally @ with such process out of this County and such service shall constitute valid service upon owner. Owner is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. 26.Authorily to Execute. Each party hereto expressly warrants and represents that heJshe/ they@ve the authority to execute this Agreement on behalf of his /her/ their corporation, partnership,business entity, or governmental entity and warrants and represents that he/she/ they has/have theauthority to bind his/her/their entity to the performance of its obligations hereunder. R:\P@ING\13OPA96.DA 9/11/96 mf 2 0 IN WrfNESS WBEREOF this Agreement has been executed by the autho@ representatives of the parties hereto. "City- City of Temecula By: Karen F. Lindemans, Mayor Attest: June S. Greek, City Clerk Approved as to form: Peter M. Thorson, City Attorney itowner" Van Dael Associates, L.P. A California Limited Partnership Van Daele Development Corporation, General Partner By: (typed name) its (title) By: (@ nwne) its (title) [Notaq Required] R:\PLANNING\13OPA96.DA 9/11/96 mf 2 1 ALL PURPOSE ACKNO G State of CaUfomia County of On 1996, before me, personally appeared personally known to me -OR- proved to me on the basis of satisfactory evidence be the person(s) whose names(s) is/are subscribed to the within ent and acknowledged to me that he/she/ they ex@ the same in his/her/their signatures on the in ent the person(s), or the entity upon behalf of which the person(s) act executed the ent. Witness my hand and official seal. SIGNATURE OF NOTARY CAPACITY CL BY SIGNER INDIVIDUAL(S) OFFICER(S) PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) SUBSCRIBING SS GUARDIAN/CONSERVATOR OTHER: Chairperson SIGNER IS REPRESENTING: Name of person(s) or entity(ies) R:\P@ING\13OPA96.DA 9/11/96 mf 2 3 E@IT A E)USTINGDEVELOP APPROVALS General Plan - Medium Density Residential Specific Plan - County of Riverside Ordinance No. 460, Specific Plan No. I 80 (Rancho Highlands) I.and Dovisions - Final Tract Map No. 22761 Final Tract Map No. 22762 R:\P@ING\13OPA96.DA 9/11/96 mf 2 4 F@IT'R E)GSTING LAND USE REGULATIONS General Plan Land Use designation is Medium Density Residential. Specific Plan 180 (Rancho leghlands) R:\P@ING\13OPA96.DA 9/11/96 mf 2 5 F-@IT C LEGAL DESCRIPTION Tract 22761, lots 18-80 inclusive Tract 22762, lots 1-12 inclusive R:\P@ING\13OPA96.DA 9/11/96 mf 26 'F@TT'D REQUEST FOR NOTICE OF DEFAULT L7NDER DEVELOP AGREE Development Agreement: Date: Amendment and Restatement of Development Agreement Specific Plan No. 180, Rancho leghlands Planning Application No. To: City of Clerk and Planning Director, City of Temecula Pursuant to Section 6(b) and (c) of the above-referenced Amendment and Restatement of Development Agreement, request is hereby made by as Mortgagee for the property (or portion thereoo to receive copies of any Notice of Default issued by City against Owner in accordance with the terms and conditions of such Amendment and Restatement of Development Agreement. Copies of any such Notices should be mailed to the following address: rtgagee) (PersonfDepartment) (Address) (City/State/Zip) (Telephone No.) A copy of this Notice should be filed with the project file to insure proper and timely notice is given. Under the terms of the Amendment and Restatement of Development Agreement, as Mortgagee is entitled to receive copies of any Notice of Default within ten (10) days of sending any such Notice to Owner. Failure to send any such Notice may have serious legal consequences for the C@ This request is to remain in effect until revoked by as Mortgagee or the Amendment and Restatement of Development Agreement is Terminated. The person executing this document on behalf of the Mortgagee warrants and represents that the entity hejshe represents is a bona fide Mortgagee of the property and is entitled to receive copies of Notices of Default under the Amendment and Restatement of Development Agreement. The undersigned declares the above information is true and correct under the penalty of pe6ury under the laws of the State of California. Dated: 1996 Mortgagee R:\PLANNING\13OPA96.DA 9/11/96 mf 27 'Owner" Van Daele/WRI Associates, L.P. A California Limited Partnership Van Daele Development Corporation, General Partner By: . z k,) Patrick J. Van Daele (typed name) its Pre8ident (title) By: (typed name) its (title) [Notary Required] 960815 lj 1093@1.4 -28- ALL PURPOSE ACKNOWLEDGMENT State of California County Of Rivergicit- On August 20, 1996, before me, Terri Ann Moss personally appeared Patrick J. Van Daele Opersonally known to me -OR- proved to me on the basis of satisfactory evidence be the person* whose nameso is/aFc subscribed to the within instrument and acknowledged to me that hel$W @ executed the same in his/ber/thdr signature(l) on the instrument the person(.s), or the entity upon behalf of which the person(4) act executed the instrument. Witness my hand and official seal. Terri Ann MOSS Comm. #1088153 SIGNATURE OF NOTARY NOTARY PUBLIC - CALIFORNIA R@RSIDE CouNTY 0 @l Cn-- Exp Feb 19. 2000 -4 CAPACITY CLAIMED BY SIGNER INDIVIDUAL(S) OFFICER(S) (TITLE[S]): 0PARTNER(S) 11ATTORNEY-IN-FACT 0TRUSTEE(S) SUBSCRIBING WITNESS GUARDIAN/CONSERVATOR OTHER: Chairperson SIGNER IS REPRESENTING: Name of person(s) or entity(ies) 960815 lj 1093541.4 -29- The person executing this document on behalf of the Mortgagee warrants and represents that the entity he/she represents is a bona fide Mortgagee of the property and is entitled to receive copies of Notices of Default under the Amendment and Restatement of Development Agreement. The undersigned declares the above information is true and correct under the penalty of @ury under the laws of the State of California. Dated: August 21, 1996 Mortgagee Tokia Bank 430 Vineyard Ave., Suite 303 Onta 4 By: nature) Sylvia Faber (printed name) lts:O LIZ (title) [Notary required] This Notice is to be sent to both the City Clerk and Planning Director for the City of Temecula at P.O. Box 9033, Temecula, Ca 925989-9033 or such other location as Temecula City Hall may be located in the future. 960815 lj 1093541.4 By-. (signature) (printed name) Its: (title) [Notary required] This Notice is to be sent to both the City Clerk and Planning Director for the City of Temecula at P.O. Box 90'33, Temecula, Ca 9'-)5989-9033 or such other location as Temecula Cltv Hall may be located in the future. R:\PLAPINI@IG\:30PA96.DA 9/21/96 mf 2 8 CALIFORNIA LL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF 2@ On- before me, DATE- -NAME, TITLE C UBLIC' personally appeared, Personallyknowntome(oFpFevedteFneoiithebasotiufsdti5fidut)iyL- whose name66) is/ark subscribed to the within instrument and acknowledged to me that bd/she/ @y executed the same in bds/her/thafr authorized capacity(@), and that by ixs/her/t@ir signatures) on the instrumentthe person(16), orthe entity upon behalf of which the personfa) acted, executed the instrument. WITNESS my hand and official seal. Ann Moss COMM. #1088153 PUBLIC - CALIFORNIA RIVERSIDE CouNTY0 (SEAL) C4m- Exp Fab 19. -VW NOTARY PUBLIC SIGNATURE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNER(S) OTHER THAN NAMED ABOVE EXHIBIT B CONDITIONS OF APPROVAL R:\STAFFRPT\13OPA96.CC2 11/5/96 mf 9 ge - i'. EXHIBIT B CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA96-0130 (Development Agreement) Project Description: An Amendment and Restatement of Development Agreement No. 3 for Planning Area No. 8, 9 and 12 (Final Tract Maps 22761 and 22762), within Specific Plan No. 180 Approval Date: Expiration Date: PLANNING DEPARTMENT General Requirements Within Forty-Eight (48) Hours of the Approval of this Project 1 .The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Seventy-Eight Dollars ($78.00) County administrative fee, to enable the City to file the Notice of Determination with a DeMinimus Finding required under Public Resources Code Section 21108(b) and California Code of Regulations Section 15075. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition, Fish and Game Code Section 711.4(c). 2.The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning Planning Application No. PA96-0130 (Development Agreement) which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21 000 el =., including but not by the way of limitations Section 211 52 and 21167). City shall promptly notify the developer/applicant of any claim, action, or proceeding brought within this time period. City shall further cooperate fully in the defense of the action. Should the City fail to either promptly notify or cooperate fully, developer/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. R:\STAP 130PA96.CC2 1115/96 mf 1 0 ATTACHMENT NO. 2 LETTER FROM APPLICANT R:\STAFFM\13OPA96.CC2 11/5/96 mf 1 1 V.,ANTDAELE DEVELOPM[ENT CORPORATION October 24, 1996 By Mr. Gary Thornhill Community Development Director City of Temecula P.O. Box 9033 Temecula, Ca. 92589-9033 Re: 22761, 22762, PA96-0130 Dear Gary: Thank you for taking the time to meet with me today to discuss the proposed Development Agreement Amendment and Restatement for the above referenced tracts. As per your request, attached please find a chronological summary which identifies the sequence of events which occurred in our Development Agreement Amendment and Restatement process. As I mentioned in our meeting, I would be happy to meet with the City Attorney or any of the City Council Members if you feel that it would be beneficial in obtaining Council approval for the Development Amendment Agreement and Restatement. Should you have any questions on the information provided or require any further information, please feel free to contact me and thank you again for your time and efforts on this matter. Sincerely, ENT CORPORATION Vice President Enclosure 2900 Adams Street - Suite C-25 Pbone: (909) 354-2121 Riverside, Califomia 92504 FAX: (909) 354-2996 CHRONOLOGICAL SUMMARY OF VAN DAELE DEVELOPMENT DEVELOPMENT AGREEMENT NUMBER 3 AMENDMENT AND RESTATEMENT March 7, 1996 Contacted City Staff regarding a Development Agreement amendment and advised to attend Development Fee Impact workshop on March 14, 1996. March 14, 1996 Attended Development fee workshop to establish a fee basis for amendment. March 15, 1996 Left message for Debbie Ubnoske to determine how soon we could proceed with Development agreement amendment Memorandum of Understanding (MOU). March 18, 1996 Debbie returned call and advised we should wait until McMillin went to City Council be for filing application. April 23, 1996 Attended follow up Development Impact Fee workshop where $3,590 fee was established as an appropriate development fee by David M. Griffith. May 1, 1996 Left message for Gary Thornhill to request to proceed with (MOU) in the same manner as the $3,200 MOU executed by Van Daele and the City of Temecula for Specific Plan 199 in February, 1995. May 6, 1996 Wrote Gary Thornhill with the above request ( See Attached Copy) May 9, 1996 Debbie Ubnoske returned call for Gary and indicated she would inquire with Gary about my request. Debbie subsequently called back and indicated staff had been directed by Council not to use any MOU 's and to proceed directly with a development agreement amendment and restatement. Work on agreement commenced incorporating language to allow credit for surplus fees advanced prior to adoption of Development Agreement Amendment to allow development to commence and fees to be paid to City in advance of adoption. May 16, 1996 Model home permits were issued for three (3) units. J u ne 18, 1996 Submitted Development Agreement Amendment and paid application fee to City of Temecula. September 16, 1996 PA96-0130 was approved by Planning Commission 7:0 (no public spoke in opposition). October 8, 1996 PA96-0130 was continued for four (4) weeks (no public spoke in opposition). 'YVAN DAELE. DEVELOPMEN'T CORPORATION May 6, 1996 Mr. Gary Thornhill Community Development Director Citv of Temecula 43174 Business Park Drive Temecula, Ca. 92590-3606 Re:Tract 22761 - Lots 18 - 80 Tract 22762 - Lots 1-12 Dear Gary: Van Daele Development is Currently developing the above referenced tracts and I anticipate processing a Memorandum of Understanding and a Subsequent Development Agreement Amendment and Reinstatement between the City of Temecula and Van Daele Development Corporation adjusting the development fees to the new proposed development fee identified in the Development Fee and Impact Study of $' ),970.00 per residential dwelling unit. I am in the process of preparing a draft of the proposed Memorandum of Understandinc, however, I anticipate pulling permits for the Models and Phase 1 prior to the Memorandum of Understandinc, bein- placed before the Citv Council. I am requesting that Van Daele Development pav all the buildin- permits at the current fee structure however, should the Memorandum of Understanding and Development Ao-Teement be adopted by the Citv. I propose that the differential fees paid on these buildinc, permits from the new fee structure be credited to Van Daele Development for future development fees on future lots. Should the Citv Council not adopt the Memorandum of Understanding and Subsequent Development Aareement Amendment and Reinstatement, these fees would remain at the applicable level and no future credits would be aiven. This would also be clarified in the Memorandum of Understandin2. 2900 Adams Street - Suite C-25 Riverside. California 92504 Phone:(909) 354-2121 FAX:(909) 354-2996 Page 2 of 2 Gary Thornhill City of Temecula Should this be acceptable, please sip below where indicated and return to be at your earliest convenience and thank you for your assistance in this matter. Sincerely, PMENT CORPORATION Vice President AGREED AND ACCEPTED BY: Gary Thornhill, Community Development Director Date City of Temecula ITEIN4 20 APPRO CITY ATTORNEY DIRECTOR OF FINA CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO:City Manager/City Council FROM:@@hawn D. Nelson, Director of Community Services DATE:November 12, 1996 SUBJECT:Final Draft Riverside Countywide lntergrated Waste Management Plan (CIWMP) PREPARED BY: @tberyl Yasinosky, Development Services Analyst RECOMMENDATION: That the City Council: Adopt a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FINAL DRAFT COUNTYWIDE INTEGRATED WASTE MANAGEMENT PLAN, INCLUDING THE COUNTYWIDE SUMMARY PLAN AND COUNTYWIDE SITING ELEMENT. BACKGROUND: In accordance with State regulations, and on behalf of Riverside County and its cities, the Riverside County Waste Resources Management District has submitted the final draft of the Countywide Integrated Waste Managment Plan (CIWMP), Countywide Summary Plan and Countywide Siting Element to each jurisdiction for local adoption. The Final Draft CIWMP has been prepared in compliance with the State of California Waste Management Act of 1989 (AB 939), and in cooperation with the Solid Waste Advisory Council/Countywide Local Task Force, Coachella Valley Association of Governments and the Western Riverside Council of Governments. Upon final approval by the California Integrated Waste Management Board, the CIWMP will establish comprehensive guidelines for the existing and future countywide solid waste management system in order to reflect new or changed local and regional issues. The Final Draft CIWMP is composed of the Countywide Summary Plan and Countywide Siting Element. The Summary Plan includes the countywide goals, policies and objectives for integrated waste managment planning; a description of the administrative structure for preparing and maintaining the Summary Plan; a description of current solid waste management practices; a summary of the SRRE'S, HHWE'S, and NDFE's for Riverside County and its 24 cities; and a discussion of the countywide programs, how they will be structured, administered and financed. The Siting Element includes the identification and description of those areas that R:\ymisinobk\ciwmpdra.ft 111296 will be used for the development of adequate disposal facilities for solid waste that has first been reduced through source reduction, reuse, recycling and composting. All disposal facilities indentified in the Siting Element are located in unincorporated areas of the County. FISCAL IMPACT: No fiscal impacts are anticipated with the adoption of the Final Draft CIWMP, Countywide Summary Plan and Countywide Siting Element. ATTACHMENTS: 1 . Resolution to Adopt the Final Draft CIWMP. 2.Letter from Riverside County Waste Resources Management District. R:\yasisinobk\ciwmpdra.ft 111296 RESOLUTION NO. 96-- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEM[ECULA APPROVING THE FINAL DRAFT COUNTYWIDE INTEGRATED WASTE MANAGEMENT PLAN, INCLUDING THE COUNTYWIDE SUMMARY PLAN AND COUNTYWH)E SITING ELEMENT. WHEREAS, the California Integrated Waste Management Act of 1989 ("Act"), being Division 30 of the Public Resources Code ("PRC") of the Sate of California (commencing with  40000), was added by Chapter 1095, Statutes of 1989 (Assembly Bill 939); and, WHEREAS, the ACT, as amended requires local jurisdictions to prepare integrated waste management plans that promote waste management practices that include, in order of priority, source reduction, reuse, recycling and composting, and environmentally safe land disposal and/or transformation; and, AS, PRC  40900, et seq., describe requirements to be met by local jurisdictions in developing and implementing integrated waste management plans; and, WHEREAS, PRC  41750 through 41770 require the County of Riverside ("County") and its cities to each prepare and submit to the California Integrated Waste Management Board ("CIWNM") a Countywide Integrated Waste Management Plan ("CIWMP"), which includes a Source Reduction and Recycling Element ("SRRE") from the County and each city, a Household Hazardous Waste Element ("HHWE") from the County and each city, a Nondisposal Facility Element ("NDFE") from the County and each city, a Countywide Siting Element, and a Countywide Summary Plan; and; WHEREAS, the Riverside County Waste Resources Management District ("WRMD"), on behalf of the County and in cooperation with the Solid Waste Advisory Council/Countywide Local Task Force ("LTF"), which includes representation from the Coachella Valley Association of Govenunent ("CVAG"), the Western Riverside Council of Governments ("WRCOG"), and cities in the County, have prepared the CIWMP, composed of the Countywide Summary Plan and the Countywide Siting Element; and, WHEREAS, the Countywide Summary Plan includes the identification and description of solid waste management practices in the County, programs and facilities found in the SRRES, s, and NDFEs for the County and each city in the County, and countywide programs; and, WHEREAS, the Countywide Siting Element includes the identification and description of those areas that will be used for the development of adequate disposal capacity; and, p:\rusep\ciwmpres.o96 WHEREAS, the LTF held two duly noticed public hearings; one on the Preliminary Draft CIWW on February 15, 1996 and another on the Revised Preliminary Draft CIWMP on July 18, 1996; and, WHEREAS, the Final Draft CIWMP, dated September 1996, reflects revisions to the Revised Preliminary Draft CIWMP, dated May 1996, and incorporates comments that were received from the LTF, CVAG, WRCOG, the cities, and other agencies and interested parties during the 45-day public comment period from June 10, 1996 through July 25, 1996 and responses to those comments; and WHEREAS, the CIWMP must be approved by the County and a majority of the cities within the County, in accordance with PRC  41760; and, WHEREAS, each city of the County must act upon the Final Draft C@P within 90 days of receipt of the Final Draft CIWMP or it shall be deemed approved by the city; and, , a copy of the Final Draft CIWMP has been circulated to the County and its cities, the LTF, the Local Enforcement Agency ("LEA"), WRCOG, CVAG, and other agencies and interested parties, in accordance with California Code of Regulations ("CCR")  18780; and, , the LTF prepared written comments on the Final Draft CIWMP at it meeting held on October 17, 1996 and submitted these comments to the County, WRMD, each city in the County, and the CIWNM, in accordance with CCR  18781; and, WHEREAS, an initial study for Environmental Assessment Number 37011 ("EA NO. 3701 1 ") was prepared by to evaluate the C , composed of the Countywide Summary Plan and the Countywide Siting Element, pursuant to the requirements of the California Environmental Quality ACT ("CEQA") (PRC  21000 et seq.) and the Riverside County Rules to Implement CEQA ("Rules"); and, prepared a Negative Declaration, pursuant to  15070 of the CEQA Guidelines, on the basis that the CIWMP, composed of the Countywide Summary Plan and the Countywide Siting Element, will not have a significant effect on the environment, and circulated a Notice to Adopt a Negative Declaration to each city in the County for comment during the period of June 17, 1996 to July 25, 1996; and; WHEREAS, on November 12, 1996, the City Council of the City of Temecula held a duly noticed public hearing to consider the Final Draft C in accordance with PRC  41793; now, therefore, BE IT RESOLVED, FOUND, DETERMINED AND ORDERED by the City Council of the City of Temecula, State of California, in regular session assembled on November 12, 1996 that the previous recitals are correct. p:\rusep\ciwmpres.o96 BE IT FURTHER RESOLVED by the City Council that it hereby approves the Final Draft C , composed of the Countywide Summary Plan and the Countywide Siting Element. BE IT FURTEM RESOLVED that this resolution shall take effect upon consent by the City Council of the City of Temecula. PASSED, APPROVED AND ADOPTED this 12th day of November, 1996. CITY OF TEMECULA Karel F. Lindemans, Mayor ATTEST: June Greek, City Clerk [SEAL] p:\rusep\ciwmpres.o96 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE SS CITY OF TEMECULA 1, June S. Greek, City Clerk of the City of Temecula, do hereby certify that Resolution No. - was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 12th day of November, 1996 by the following vote: AYES: COUNCILMEM13ERS: NOES: COUNCILMEMBERS: ABSENT:COUNCILMEMBERS: June S. Greek, City Clerk p:\msep\ciwmpres.o96 Riverside Countv Waste Resources Mana gem ent District Robert,4. Nelson, Chief Executive Officer September 18, 1996 Ron Bradley, City Manacer City of Temecula 4'j2OO Business Park Drive P.O. Box 9033 Temecula, CA 92589-9033 SEP 2 0 1996 RE: Final Draft Riverside Countywide Integrated Waste Mana-ement Plan (CIWIN/IP) Dear Mr. Bradley: In accordance with Section 18783 of the California Code of Regulations (CCR), the Final Draft Riverside Countywide Integrated Waste Management Plan (CTWMP), including the Final Draft Countywide Summary Plan and Final Draft Countywide Siting Element, is being forwarded for local adoption by the City Council of your city. The Final Draft C@P includes the cormnents which were received on the Revised Preliminary Draft CIWMP and District responses to these comments; revisions based on the Solid Waste Advisory Council/Local Task Force (LTF) meetin- on July 18, 1996; and corrections identified by District staff while preparing the Final Draft CIWMP. Public Resources Code Section 41721 requires that each city shall act upon the siting element within 90 days of receipt of the element. According to Section 18783 of the CCR, failure to act upon the document is deemed to be an approval by the city. During this 90-day period which ends on December 20, 1996, each city is requested to take the following actions in compliance ZD with Sections 18782 and 18783 of the CCR: I .Publish a notice in a local newspaper of general circulation at least 30 days in advance of the scheduled public hearing for the purpose of adopting the Final Draft CIWMP. 2.After considering all public comments, each city within the county shall by resolution, either approve or disapprove the Final Draft CIWMP. A sample resolution is attached to assist your jurisdiction in preparing for a final approval action. If a jurisdiction disapproves the Siting Element or the Summary Plan, the Jurisdiction shall -ive written notification of the deficient areas in the document to the LTF, the County Board of Supervisors and the California Inte-rated Waste Mana-ement Board (CIWMB)within ' )O days of disapproval. the act' -1. Notify the District re-ardino, ion taken by the city. Durin-the 90-day action period, the LTF will submit written comments on the Final Draft R-'IWMPto the District, cities within the county, each re-ional ao-ency within the county and the CIWMB.These written comments are required within 45 days of receipt of the Final Draft 1995MarkelStreet a Riverside.CA92501-1719 o (909)275-1370 0 Fax(909)275-1374 0 Fax(909)275-13349a C The LTF meetinc, on October 17, 1996, has been scheduled for approving written comments which will then be for-warded to the cities for their consideration. At the close of the 90-day period, the Final Draft CIWMP, along with the Negative Declaration for Environmental Assessment (E.A.) No. 37011 will be considered by the Board of Supervisors. Within 30 days of the local adoption of the Final Draft C ,the District shall submit copies of the CIWMP to the C@B for approval. It should be noted that the C@B staff have indicated that the CIWMB will not take fmal action on the C@P until all components of the Plan have been completed. Cities, which have not yet completed their jurisdiction's Source Reduction Recycling Element (SRRE), Household Hazardous Waste Element (HHWE), and/or Nondisposal Facility Element (NDFE), are encouraged to complete the document's review process with the C@B to ensure that final action can be taken on the C@P. The Final Draft CIWMP is bound in a three-ring binder to allow the document to be copied for the City Council and staff. When final adoption has occurred, copies of resolutions and the Notice of Determination for E.A. No. 37011 will be forwarded to the cities so that they may insert these resolutions into the document and have a copy of the Final C , as adopted. Any questions on the CIWMP should be directed to the District, to the attention of Stacey Hubbard or Katherine Gifford at (909) 275-4366, Fax No. (909) 275-1334. Thank you for your assistance in this matter. Sincerely, Senior Planner KG:ng cc:Phyllis Ruse F: \data\plng\ciwmp\admin\finalact. let Pkg 1 Enclosures: CIWMP, Sample Resolution ITEIN4 21 A CITY ATTORNE DIRECTOR OF CITY MANAGE CITY OF TEMECULA AGENDA REPORT TO:City Council/City Manager FROM:Gary Thornhill, Director of Planning DATE:November 12, 1996 SUBJECT:Development Code Amendment Number 1 Prepared By: David W. Hogan, Senior Planner RECOMMENDATION:Read by title only and introduce an ordinance entitled: ORDINANCE NO. 96- "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO MAKE TYPOGRAPHIC AND OTHER MINOR CHANGES TO THE DEVELOPMENT CODE" BACKGROUND The City Council adopted the City's Development Code in 1995. Since adoption of the Development Code, staff has identified a number of needed modifications to the Code. This item was considered by the Planning Commission at its September 30, 1996 meeting. The Commission's Resolution recommending approval of the proposed changes is included in Attachment No. 2. DISCUSSION These proposed Development Code amendments can be divided into two categories. The first category includes incorrect code references, typographic corrections, improper grammar, and missing words. The other category include minor changes to the text and amendments to the land use matrix. Because of the relatively straightforward nature of the first category of changes, only the second category of changes will be discussed in the staff report. Minor Changes to the Text of the Ordinance The first minor change involves an adjustment to the amount of required slope landscaping and additional clarification on outdoor storage screening requirements. The current slope landscape requirement requires one 1 5-gallon tree per every 1 50 square feet of slope area, in addition to the required shrubs and groundcover. An analysis of this standard indicates that it creates a dense thicket where the trees begin to physically interfere with each others growth in just a few years. To address this, the Commission is recommending that the standard be changed to one 1 5-gallon tree per every 600 square feet of slope area, in addition to the required shrubs R:\STAFFRP'RDCAMENDl.CC1 10/30/96 klb 1 and groundcover. Sample plottings of one tree per 400 and one tree per 600 are included in Attachment No. 3. The next minor change to the Development Code involves setting clear minimum and maximum heights for screening outdoor storage areas. The current Code does not provide clear standards for screening these areas. To address this, the Commission is recommending that the following detailed standards for screening of outdoor storage areas be adopted. NC cc HT SC PO BP Li Fence, wall or hedge screening 6 ft 6 ft Not 6 ft 6 ft outdoor storage - Minimum Height allowed Fence, wall or hedge screening 6 ft 8 ft 8 ft 12 ft Not 12 ft 12 ft outdoor storage - Maximum Height allowed Land Use Matrix Chanaes The final minor change is the need to address an inconsistency regarding Automotive Service Stations. The inconsistency is that Automotive Service Stations that do not sell beer or wine are prohibited in the PO and BP zones; while Automotive Service Stations that sell beer and/or wine are conditionally permitted in these zones. To correct this oversight, the Commission is recommending that Automotive Service Stations that do not sell beer and/or wine be conditionally permitted in the PO and BP zones. If the Commission's recommendation is approved by the Council, Table 17.08(a) will then appear as follows: NC cc HT SC PO BP Li Automobile Service Stations with or p p p c c p without an Automated Car Wash Automobile Service Stations Selling eer and/or Wine with or without ci ci ci ci ci ci an Automated Car Wash I A number of other minor amendments to the land use matrix are still being studied by the Commission. ENVIRONMENTAL DETERMINATION The proposed amendments do not have the potential to cause a significant impact on the environment and are consistent with the impacts included in the previous Negative Declaration for the Development Code and Zoning Map as well as the Final Environmental Impact Report of the City General Plan for the City and its environs. Therefore, the Planning Manager has determined that the project is exempt from California Environmental Quality Act, pursuant to Section 1 5061 (b)(3) of the CEQA Guidelines. GENERAL PLAN CONSISTENCY The proposed cleanup amendment to the Development Code is consistent with the adopted General Plan. R:\STAFFRPTNDCAMENDl.CC1 10/30/96 klb 2 FISCAL IMPACT None. Attachments: 1 . Ordinance No. 96 @) - Page 4 2. PC Resolution No. 96- - Page 12 3.September 30, 1996 Planning Commission Staff Report - Page 15 4. Sample Landscape Plottings - Page 16 R:\STAFFRPT\DCAMENDl.CC1 10/30/96 kib 3 ATTACHMENT NO. 1 ORDINANCE NO. 96- R:\STAFFRPT\DCAMENDl.CC1 10/30/96 kib 4 ATTACHMENT NO. I ORDINANCE NO. 96- AN ORDINANCE OF THE CITY COUNC]IL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO MAKE TYPOGRAPHIC AND OTHER MINOR CHANGES TO THE DEVELOPMENT CODE THE CITY COUNCIIL OF THE CITY OF TEMECULA, STATE OF CALIEFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings, The City Council of the City of Temecula hereby makes the following findings: A.That Section 65800 of the Government Code provides for the adoption and administrationof zoning laws, ordinances, rules and regulations by cities to implement such general plan asmay be in effect in any such city; and B.That there is a need to amend the Development Code to ensure its clarity and completeness;and C.That this Ordinance complies with all the applicable requirements of State law and local ordinances. Section 2. The following minor typographic errors and incorrect Code references of Chapters 17.01 through 17.34 of the Temecula Municipal Code are hereby amended to read as follows: A. Section 17.02.010/Table 9.02(a) Relabel as Table 17.02(a). B. Section 17.02.020/Table 9.02(b) Relabel as Table 17.02(b). C. Section 17.02.030 Fill in the date blank with "December 19, 1995". D. Section 17.03.010/Table 9.03a Relabel as Table 17.03(a). E. Section 17.03.020(a)(4) At the end of this item, amend Code reference from "17.0111 to 1117.03.090". F. Section 17.03.060 (c)(3) At the end of this item, amend Code reference from "17.03" to "17.03.090". R:\STAFFRPT\DCAMENDl.CC1 10/30/96 klb 5 G. Section 17.03.060(e) Replace the word "Action" with 'Decision" in the title and amend this section to read as follows: "Notice of decision upon an application for a Minor Exception shall be in accordance with Section 17.03.040(e) of this Development Code." H.Section 17.03.090(i) At the end of this item, amend Code reference from "17.03.040(f)"to "17.04.040(f)". I.Section 17.04.010(a) Replace the code reference in the second sentence of the second paragraph from " 17.03. 1 00 " to " 17.03.090 ". J. Section 17.04.010(f) Replace the word "Action" with "Decision" in the title and amend this section to read as follows: "Notice of decision upon an application for a Conditional Use Permit shall be in accordance with Section 17.03.040(e) of this Development Code." K. Section 17.04.020 (c) At the end of this item, amend Code reference from "17.03.10011 to 1117.03.090". L. Section 17.04.020(f) At the end of this item, amend Code reference from "17.03.090" to "17.03.080". M.Section 17.04.030(a) In line two, replace "to those which" with "that". N. Section 17.04.030(d)(2) In line two, after the words "is likely" add "to be". 0. Section 17.04.030(e) At the end of this item, amend Code reference from "17.03.090" to "17.03.080". P. Section 17.04.040 (c) At the end of this item, amend Code reference from "17.03.100" to "17.03.090". Q. Section 17.04.040 (e) At the end of this item, amend Code reference from 1117.03.10011to 1117.03.090". R. Section 17.04.040 Relabel the second section 17.04.040 "(f)" to "(h)" and amend the Code reference from " 17.03.090" to " 17.03.080". S. Section 17.04.040(g) Replace the word "Action" with "Decision" in the title and wnend this section to read as follows: "Notice of decision upon an application for a Variance shall be in accordance with Section 17.03.040(e) of this Development Code." T. Section 17.05.010(e) Replace the word "Action" with "Decision" title and amend this section to read as follows: "Notice of decision upon an application for a Development Plan shall be in accordance with Section 17.03.040(e) of this Development Code." R:\STAFFRPT\DCAMENDl.CCI 10/30/96 kib 6 U. Section 17.05.010(i) At the end of this item, amend Code reference from "17.03.090" to "17.03.080". V. Section 17.05.020(b) Delete " reviewed by the approval body" from the end of the last sentence. W. Section 17.05.020 (c) At the end of this item, amend Code reference from 1117.03.02011to 1117.03.030". X. Section 17.05.020 (i) At the end of this item, amend Code reference from 1117.03.09011to 1117.03.080". Y.Section 17.06.030/Table 17.06(a) Replace the '-*" for Duplex (two-family it-2ii dwellings) in the L-1, L-2, and LM Zones with the following symbol Z.Section 17.06.030/Table 17.06(a) Replace the unnumbered "*" footnote with the following: "2 A Duplex or two family dwelling may be permitted on comer lots with a Planned Development Overlay pursuant to the provisions of Chapter 17.22." AA. Section 17.06.050/Table 17.06(e) Add the words "and air conditioning units" after the word "Chimneys". BB. Section 17.06.050(e) At the end of the first sentence, add "or building" after tiproperty line". CC. Section 17.06.060(b)(3) Amend this subsection to read as follows: "Street trees shall be planted along all streets in residential areas. On any street, at least one (1) street tree shall be provided at the front of each residential lot and in street side yard, slope, landscape, and similar areas, at least (1) street tree per forty five (45) linear feet of street shall also be provided." DD. Section 17.06.070/Table 17.06(e) Should be relabeled as Table 17.06 (f). EE.Throughout Title 17 Change all references from "HTC" to "HT". FF.17.08.040/Table 17.08 (b) Add the following lines from Table 17.08(c) to Table 17.08(b): "Interior Side Yard, Rear Yard, and Accessory Structure" between "Yard Area adjacent to a street" and "Yard Areas adjacent to a residentially zoned property". GG. Section 17.08.050(g)(2)(b) At the end of this item, amend Code reference from "17.03.100" to "17.03.090". HH. Section 17.08.050(i)(1) Between 'be' and "screened" in the second sentence add "located on appropriate paving and be" II. Section 17.08.050(m)(1) Add the word "be" between "shall" and "required". R:\STAFFRPT\DCAMENDl.CC1 10/30/96 klb 7 ii.Section 17.08.060(d)(1) Replace the first sentence with the following: "Setback areasthat are not used for vehicular and pedestrian access shall be landscaped." KK.Section 17.08.070/Table 17.08(e) Should be relabeled as Table 17.08(d). LL.Section 17.16.020(b) At the end of this item, amend Code reference from "17.03.100" to "17.03.040". MM. Section 17.18.020(b) Replace the second sentence of this subsection with the following: "Notice of hearings shall be given pursuant to the requirements of Section 17.03.040 of the Development Code". NN. Section 17.22.060 Delete the second "by the same procedure" in the second sentence. 00. Section 17.24.020(b) Replace the word "site" with "development" in the first sentence. PP. Section 17.24.020(b) At the end of this item, amend Code reference from "Section 17.03.020" to "Chapter 17.05". QQ. Section 17.24.020(d)(1)(h) In line two, change "11.2 tons" to "11/2 tons". RR. Section 17.24.020(d)(4) (c) In the fourth 0, replace "; or" with ".' SS. Sections 17.24.030(a) and 17.24.030(b) At the end of these items, amend the Code references from " 17.24. 0 1 O(e) " to " 17.24.020(e) ". TT. Section 17.24.050 (c) Between 'parking spaces" and "and" add the following:", recreational vehicle storage areas, material storage yards,". UU. Section 17.24.060 (c) In the first sentence, replace the table reference from "17.24(c)" to "17.24(a)". VV. Section 17.26.025 (e) At the end of this item, amend Code reference from "17.03.100" to "17.03.090". WW. Section 17.34(s) In the definition of Secondary Dwelling Unit, delete the second sentence of the definition that reads: "The floor space of an attached Secondary Dwelling Unit may not exceed thirty (30) percent of the floor area of the living space of the primary residence nor shall the floor space of a detached second unit exceed one thousand two hundred (1, 200) square feet." XX. Section 17.06.050(m)(3) Add after the comma add the following "and may not exceed thirty (30) percent of the floor area of the living space of the primary residence." R:\STAFFRPT\DCAMENDl.CC1 10/30/96 kib 8 Section 3. The following minor changes to Chapters 17.01 through 17.34 of the Temecula Municipal Code are hereby amended to read as follows: A. Section 17.06.060(d)(5) Amend this Section to read as follows: "Slope banks five feet or greater in vertical height with slopes between 5:1 and 2:1 shall, at a minimum, be irrigated and landscaped with an appropriate groundcover for erosion control. a. Slope banks five (5) feet or greater in vertical height with slopes greater than or equal to 3:1 shall, at a minimum, be irrigated and landscaped with appropriate groundcover for erosion control and to soften their appearance as follows: 1.One fifteen (15) gallon or larger tree per each 600 square feet of slope area; 2. One (1) gallon or larger shrub for each one hundred (100) square feet of slope area; and 3.Appropriate ground cover. b. Slope banks in excess of eight (8) feet in vertical height with slopes greater or equal to 2:1 shall also provide one five (5) gallon or larger tree per each 1,000 square feet of slope area in addition to the requirements of subsection a. above. C. All trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. Slope planting required by this Section shall include a permanent irrigation system to be installed by the developer prior to occupancy." B.17.08.040/Table 17.08 (b) Add the following lines to the Table: NC CC HT SC PO BP Li Fence, wall or hedge screening 6 ft 6 ft Not 6 ft 6 ft outdoor storage - Minimum allowed Height ence, wall or hedge screening 6 ft 8 ft 8 ft 12 ft No' 12 ft outdoor storage - Maximum allowed Height R:\STAFFRPT\DCAMENDl.CC1 10/30/96 kib 9 C.17.08.040/Table 17.08 (e) Add the following lines to the Table: NC CC HT SC PO BP Li Fence, wall or hedge screening 6 ft 6 ft Not 6 ft 6 ft allowed outdoor storage - Minimum Height Fence, wall or hedge screening 6 ft 8 ft 8 ft 12 ft Not 12 ft 12 ft outdoor storage - Maximum allowed Height D. Section 17.08.060(d)(5) Amend this Section to read as follows: "Slope banks five feet or greater in vertical height with slopes between 5:1 and 2:1 shall, at a minimum, be irrigated and landscaped with an appropriate groundcover for erosion control. a. Slope banks five (5) feet or greater in vertical height with slopes greater than or equal to 3:1 shall, at a minimum, be irrigated and landscaped with appropriate groundcover for erosion control and to soften their appearance as follows: 1.One fifteen (15) gallon or larger tree per each 600 square feet of slope area; 2. One (1) gallon or larger shrub for each one hundred (100) square feet of slope area; and 3 . Appropriate ground cover. b. Slope banks in excess of ten (10) feet in vertical height with slopes greater or equal to 2: 1 shall @ provide one five (5) gallon or larger tree per each 1, 000 square feet of slope area in addition to the requirements of subsection a. above. C. All trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. Slope planting required by this Section shall include a permanent irrigation system to be installed by the developer prior to occupancy." Section 4. The land use matrix contained in Chapter 17.08/Table 17.08(a) of the Temecula Municipal Code is hereby amended as follows: A. Add the "C" symbol for Automotive Service Stations with or without an Automated Car Wash in the PO and BP Zones. Section 5. 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. R:\STAFFRPT\DCAMENDl.CC1 10130/96 kib 10 Section 6. 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 Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. Section 7. PASSED, APPROVED, AND ADOPTED this 12th day of November, 1996. ATTEST: Karel F. Lindemans, 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. 96- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the _ day of 9 199-, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council by the following roll call vote: of the City of Temecula on the _ day of AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT:COUNCILMEMBERS R:\STAFFRPT\DCAMENDl.CC1 10/30/96 klb June S. Greek, City Clerk ATTACHMENT NO. 2 RESOLUTION NO. PC 96- R:\STAFFRPT\DCAMENDl.CC1 10/30/96 klb 1 2 ATTACHMENT NO. 2 PC RESOLUTION NO. 96-31 A RESOLUTION OF THE PLANNING COMWSSION FOR THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA @ICIEPAL CODE TO MAKE TYPOGRAPHIC AND OTHER MINOR CHANGES TO THE DEVELOPM[ENT CODE" WHEREAS, On November 9, 1993, the City Council of the City of Temecula adopted the General Plan; and AS, On January 25, 1995, the City Council of the City of Temecula adopted the City's Development Code; and WHEREAS, the City has identified a need to amend the adopted Development Code; and AS, notice of the proposed Ordinance was posted at City Hall, County Library, Rancho California Branch, the U.S. Post Office and the Temecula Valley Chamber of Commerce; and, WHEREAS, a public hearing was conducted on September 30, 1996, at which time interested persons had an opportunity to testify either in support or opposition. NOW, THEREFORE, THE PLANNING COMWSSION FOR THE CITY OF TEMECULA DOES HEREBY RECOMMENDS THAT THE COUNCIIL APPROVE AN ORDINANCE ENTT17LED AN ORDINANCE OF THE CITY COUNC]IL OF THE CITY OF TEMEECULA AMENDING CHAPTER 17 OF THE TEMIECULA MUNICI]PAL CODE TO MAKE TYPOGRAPHIC AND OTHER MINOR CHANGES TO THE DEVELOPM[ENT CODE" THAT IS SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION AS EXHIERIT A. R:\STAFFRPT\DCAMENDl.CC1 10/30/96 klb 1 3 PASSED, APPROVED, AND ADOPTED this 30th day of September, 1996. Linda Fahey, Chairman I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 30th day of September, 1996 by the following vote of the Commission: AYES:PLANNING COMMISSIONERS: NOES:PLANNING COMMISSIONERS: ABSEN'R:PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:kSTAFFRP@DCAMENDl.CC1 10/30/96 klb 14 ATTACHMENT NO. 3 SEPTEMBER 30, 1996 PLANNING COMMISSION STAFF REPORT R:\STAFFRP'nDCAMENDl.CC1 10/30/96 kib 1 5 MEMORANDUM TO:Planning Comm $Slofi FROM:Debbie Ubnoske rplanning Manager DATE:September 30, 1996 SUBJECT: Development Code Amendment Number 1 Prepared By: David W. Hogan, Senior Planner RECOMMENDATION: ADOPT PC Resolution No. 96- entitled: A RESOLUTION OF THE PLANNING COMMISSION FOR THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO MAKE TYPOGRAPHIC AND OTHER MINOR CHANGES TO THE DEVELOPMENT CODEO BACKGROUND The City Council adopted the City's Development Code in 1995. Since adoption of the Development Code, staff has identified a number of needed modifications to the Code. The purpose of this Agenda Report is to bring these initial amendments to the Planning Commission for your consideration. DISCUSSION The proposed Development Code amendments can be divided into two categories. Because of the relatively straightforward nature of the first category of changes, only the second category of changes will be discussed in the staff report. These categories of changes are as follows: Incorrect code references, typographic corrections, improper grammar, and missing words; and Minor changes to the text and amendments to the land use matrix. Incorrect Code References and Typoaraphic Corrertions The amendments to correct internal code references and improper grammar are relatively straightforward and will not be discussed in detail within the staff report. The typographic and code reference changes are described Exhibit A of Attachment 1. Staff is available to answer any questions concerning these recommended changes. R:@P@NINGkDCAMENDI-CC1 9125/96dwh 1 Minor Changes to the Text of -the Ordinance These changes involve an adjustment to the amount of required slope landscaping and additional clarification on outdoor storage screening requirements. The current slope landscape requirement requires one 15-gallon tree per every 150 square feet of slope area, in addition to the required shrubs and groundcover. Planting a landscaped slope area to this standard creates a dense forest where the trees begin to physically interfere with each others growth in just a few years. In staff's opinion, this standard is excessive. Staff is recommending that the standard be changed to one 15-gallon tree per every 600 square feet of slope area, in addition to the required shrubs and groundcover. This more reasonable standard will provide adequate erosion control and enable the City to continue to require high quality landscaping from new development. Sample plotting4 of one tree per 400 and one tree per 600 are included in Attachment No. 2. The other minor change to the Development Code involves setting clear minimum and maximum heights for screening outdoor storage areas. The current Code does not provide clear standards for screening these areas. To address this, staff is recommending that the following detailed standards for screening of outdoor storage areas be adopted. NC cc HT SC PO BP Li Fence, wall or hedge screening 6 ft 8 ft Not 8 ft 8 ft outdoor storage - Minimum Height allowed Fence, wall or hedge screening 6 ft 8 ft 8 ft 12ft Not 12ft 12ft outdoor storage - Maxim e, ht allowed Land Use Matrix Changes The first proposed amendment to the land use matrix is the deletion of Automotive Service Stations Selling Beer and/or Wine from the Professional Office (PO) and Business Park (BP) Zones as conditionally permitted uses. This appears to be inconsistent with other parts of Table 17.08(a) because Automotive Service Stations that do not sell beer or wine are prohibited in these zones. It is staff's concern that the Commission and Council may not have intended to allow this type of use in the PO and BP zones. To correct this oversight, staff is requesting that the Commission consider making Automotive Service Stations Selling Beer and/or Wine a prohibited use in the PO and BP zones. This will make Table 17.08(a) internally consistent. The other amendment to the land use matrix concerns locating private schools in the City's industrial areas. Staff is concerned that putting schools, with large numbers of young children, in the middle of industrial areas could result in a significant risk in the event of an industrial accident, hazardous material release, fire or explosion. As a result, staff is recommending the following changes to Table 17.08(a). The first change is to add the following line: NC cc HT SC PO BP Li Private Schools (Kindergarten c p p c p through Grade 1 2) R:kPLMNING\DCAMENDI.CC1 9125/96 dwh 2 The second change is the modification of an existing category, religious institutions. The specific changes are as follows: NC cc HT SC PO BP Li Religious Institution, without a c c c c daycare or private school I I Religious Institution, with a daycare c c c c or private school ENVIRONMENTAL DETERMINATION The proposed amendments do not have the potential to cause a significant impact on the environment and are consistent with the impac ' ts included in the previous Negative Declaration for the Development Code and Zoning Map as well as the Final Environmental Impact Report of the City General Plan for the City and its environs. Therefore, the Planning Manager has determined that the project is exempt from California Environmental Quality Act, pursuant to Section 15061 (b)(3) of the CEQA Guidelines. GENERAL PLAN CONSISTENCY The proposed cleanup amendment to the Development Code is consistent with the adopted General Plan. FINDINGS 1.The proposed amendments are necessary to protect the public health, safety and welfare. 2. The proposed amendments are consistent with the General Plan. Attachments: 1. PC Resolution No. 96- - Blue Page 4 2.Sample Landscape Plottings - Blue Page 15 R:\PLANNING%DCAMENDl.CCI 9/25t98 dwh ATTACHMENT NO. 4 SAMPLE LANDSCAPE PLOTTINGS R:\STAFFRPT\DCAMENDl.CC1 10/30/96 klb 1 6 0 C,4 T- X 0 i- (O LLI LLJ LLJ LLJ LL. LL- LLJ LLJ LLJ L.LJ ry I I < LAJ < 7-) ft C)r < V) 7) 0 CY C)C:) (n 0 C:) L,J LLJ 0 Ctf 0 C,4 T- X 0 I- (O Lli @ LLI LL-F- Li LLJ LLJ cr_ LL. Z:) LLJ 0 Er V) < ZD C) (ZY CD (/') (D @(Z) clq LLJ LL) F- -r V) LLJ cr_ ITEI\4 22 APPROVAL CITY ATTORNEY FINANCE OFFICE CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Counci FROM: Peter M. Thorson, City Attorney DATE: November 12, 1 996 SUBJECT:Extension of Moratorium on Certain Adult Businesses and Extension of Interim Adult Business Regulations RECOMMENDATION:That the Council take the following actions: 1Conduct 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. 2.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. 96- "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" DISCUSSION: On October 22, 1 996, 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 under the authority of California Government Code Section 65858. Section 65858 provides that the initial ordinance R:\agenda.rpt\adult2 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 1 5 days, following a public hearing. The urgency ordinance before you implements these provisions and is intended to extend 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. On October 22, 1996 the City Council also directed the Planning Department Staff and the Planning Commission to "continue to conduct further studies and hearings 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 adult business 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 concerning 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 its review of the proposed adult business regulations, prepare a permanent adult business ordinance, and schedule hearings on the revised ordinance before the Planning Commission in February 1 997. The interim adult business regulations in the ordinance before you are the same as those adopted on October 22, 1 996 and include the following provisions, among others: 1 .Clarifies that a business will be classified as an Adult Business and subject to the Adult Business regulations if one of the following exists: (i) the business devotes 1 5% of its display area to Adult Material; (ii) 25% of the gross receipts of the business are derived from the sale, trade, display or presentation of Adult Material or adult entertainment; or (iii) the business presents live entertainment on four separate days within a 30 day period; 2.Provides for Adult Businesses to be located in the Service Commercial ("SC") Zone or Community Commercial ("CC") zones to conform to the revised zone designations in the new Development Code but still requiring Adult Businesses to be separated by 1000 feet from residential uses, churches, schools and day care centers, retirement homes, recreational facilities and parks, public buildings, and libraries and 200 feet from another Adult Business; 3. Restricts hours of operation of an Adult Business from 8:00 a.m. to 10:00 p.m.; @6age@ledult2 4.Enacts additional regulations upon the operation of an Adult Businesses which: a.Prohibits the Adult Business from conducting or sponsoring any special events, promotions, festivals or similar events which would increase parking demand on the site; b.Prohibits the Adult Business from conducting massage, acupuncture, figure modeling, tattooing, acupressure, or escort services on the premises; C.Prohibits the Adult Business from allowing Adult Material to be visible from outside of the Adult Business; d.Prohibits the Adult Business from allowing any person under the age of 1 8 from being present on the premises at any time; e.Prohibits the Adult Business from serving or permitting the consumption of alcoholic beverages or controlled substances on the premises or allowing a person obviously under the influence of alcohol or controlled substances to remain on the premises; f.Prohibits the Adult Business from employing or retaining any manager, agent or employee who has been convicted of any offense involving sexual crimes against children, sexual abuse, rape, kidnaping, distribution of obscene material or matter harmful to minors, prostitution, pandering, or any crime occurring as a result of operating an Adult Business, whether or not the conviction occurred in California. 9-Requires employees of Adult Business to obtain Adult Business Employee Permits and prohibits persons who have been convicted of any offense involving sexual crimes against children, sexual abuse, rape, kidnaping, distribution of obscene material or matter harmful to minors, prostitution, pandering, or any crime occurring as a result of operating an Adult Business, whether or not the conviction occurred in California, from being issued such a license. 5.Enacts regulations relating to Adult Arcades and live entertainment involving Adult Material requiring security guards, patrons to be separated from entertainers, and that a responsible manager be on duty at all times with a direct view of the activities of the business. 6.Provides for a Conditional Use Permit for an Adult Business, Adult Business Permit and Adult Business Employee Permit to be acted upon within 45 days of the application being deemed complete and provides for a prompt hearing on an action to revoke any such permit. i46agenow"@aduIL2 3 The studies described in the findings section of the Ordinance are on file in the office of the Director of Community Development. FISCAL IMPACT: None. ATTACHMENTS: 1 . Urgency Ordinance Which Implements the Extension of Moratorium on Certain Adult Businesses and Extension of Interim Adult Business Regulations, Ordinance No. 96- i?g6tkgon0u"ladult2 4 ORDINANCE NO 96- AN URGENCY ORDINANCE OF THE Crff COUNC]IL OF THE CrrY OF ULA EXTENDING A MORATORIIUM ON THE ESTABLIS OR EXPANSION OF ADULT BUSWMSES UNLESS SUCH BUS@SES CO@Y STANDARDS FROVI]DING FOR THE REGULATION AND LICENSING OF ADULT BUSDflESSES AND G FINDINGS IN CONNECTION W]rM THE NEED FOR SUCH REGULATIONS THE CrrY COUNC]IL OF THE CITY OF TEMWULA 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-ofiented businesses, due to their nature, will effect significant changes in vehicular traffic, noise, pedestrian safety, air quality, parldng, 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: 1986 Indianapolis, Indiana: 1984 Los Angeles, Califomia: 1977 Phoenix, Arizona: 1979 St. Paul, Minnesota: 1989 Garden Grove, Califomia 1991 961101 11 1 tjd 1480272 0 Upland, Califomia 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 @\%-Ig 2 residential, religious, educational, recreational and other adult-oriented businesses into 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 Attomey General's Worldng 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, (b) 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 Attomey General's Worldng 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. (1 1) 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 @\96-19 3 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. (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: YounLy v. American Mini-Tbeaters, @, 427 U.S. 50 (1976) reh, denied 429 U.S. 873; Renton v. @me Tbeaters, 475 U.S. 41 (1986) reh, denied 475 U.S. 1132; FW/PBS, Inc- v- Dallav. 9 493 U. S. 215 (1990); and Barnes v. Glen Theater Tnc-, 1 1 1 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 @er 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 legitimm the distribution of obscene material, and the Council recognizes that state law prohibits the distribution of obscene Ords\%-lg 4 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 T'EMECULA @OSING A MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF ADULT BUSINESSES UNLESS SUCH BUSINESSES COMPLY WITH INT'ERIM STANDARDS PROVIDING FOR THE REGULAT'ION AND LICENSING OF ADULT BUSINESSES AND MAKING FINDINGS IN CONNECT'ION WITH THE NEED FOR SUCH REGULAT'IONS. " 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. Pursuant to Section 65858, the moratorium and interim regulations adopted by Ordinance No. 96-18 may be extended for an additional term of 10 months and 15 days. This ordinance implements these provisions and is intended to extend the moratorium adopted by Ordinance No. 96-18 and adopt the interim adult business regulations set forth herein for the period commencing on the expiration of Ordinance No. 96-18 and ending 10 months and 15 days thereafter. 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 hearings 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 concerning 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 February 1997. 2 . Pursuant to California Government Code Section 65858, the City Council hereby finds and determines that a cuffent and immediate threat to the public health, peace, safety and general welfare exists which necessitates the immediate enactment of this Of&\%-18 5 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 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. 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, parldng, 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. SECTION 2. While this Ordinance is in effect and during any extensions thereof pursuant to Government Code Section 65865, 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 O!rds\96-18 6 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: "Chapter 5.09 ADULT BUSINESS REGULAT'IONS @tions: 5.09.002Purpose and Intent. 5.09.004Definitions. 5.09.006Restriction to Commercial and Industrial Zones 5.09.008Statements and Records. 5.09.010Conditional Use Permit Required. 5.09.012Time Limits For Action On Conditional Use Permit. 5.09.014Sale/Serving of Alcohol and Persons Under the Influence of Alcohol of Controlled Substances; Age 5.09.016Suspension and Revocation of a Conditional Use Permit. 5.09.018Adult Business License Required. 5.09.019Adult Business Employee Permit 5.09.020Application For Adult Business License. 5.09.022Investigation. 5.09.024Decision by Director of Community Development on Application For License. 5.09.026Grant of Application For License. 5.09.028Denial of Application For License. 5.09.030Inspection. 5.09.032Expiration of License. 5.09.034Revocation of License. 5.09.036Hearing on Revocation of License. 5.09.038Regulations Nonexclusive. 5.09.040Violations/Penalties. 5.09.042 Public Nuisance. Ords\96-18 7 5,09,002 E=ose sknd Tntent- 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 parldng 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. 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 California 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 Derinitions, 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. @\%-Is 8 C. Adult IRu.-ginesq 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, descnbmg 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 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 closed-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 Ma@ 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 @\%-18 9 performances which are characterized by the exposure of Specified Anatomical Areas or by Specified Sexual Activities. 1.1Pqtabli-.hment of an Adult lruginm includes any of the following: 1 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 defmed herein to any other existing Adult Business; or 4.The relocation of any such Adult Business. J. Gross Rec@. Shall mean and includes the tol-d amounts actually received or receivable from the sale, trade, rental, display or presentation of services, products, Adult Material or entertainment winch are characte@ by an emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Areas. 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 partnership which owns and operates an Adult Business; or (iii) each owner of ten percent (10%) or more of stock in a corporation which owns and operates an Adult Business. H. Person shall mean and includes person(s), firms, corporations, partnerships, associations, or any other forms of business organization or group(s). 1."ReLyular and -,qiibslantiql course of conduct' and 'relular and .qiih-,qt.intial 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 Or&\96-19 10 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. M. Relipiou.-. Tnqtitiition shall mean a structure which is used primarily for religious worship and related religious activities; N. School shall mean any child care facility, or an institution of leaming 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, ldndergarten, 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. 0.Sp=ified Anatomical Areas shall include any of the following: 1 . lxss 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 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. P.S=jfled 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 or&\%-18 11 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. Q. Siibqtantial 'Pnlqrpement 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. R. Transfer of Ownership or Control of An Aduli IRtigine-,.-q 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, gift 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. S. Police and Fire Doartmt-ntq shall mean the agencies providing police and fire services by contract for the City of Temecula. 5,09,006 Restricted to Commercial Zones. Notwithstanding any provision to the con@ in the Temecula Municipal Code, no Adult Business shall be established, expanded, or conducted except in a Service Commercial ("SC") Zone or the Community Commercial ("CC") Zone, subject to the following regulations: A. The adult business shall conform to all of the regulations contained in this Chapter; and B. No adult business shall be located within one thousand (1000) feet of. 1. Any residential use, whether inside or outside of the Temecula city limits; 2. Any Religious Institution, whether inside or outside of the Temecula city limits; @\96-18 12 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. B.No adult business shall be located within two hundred (200) feet of another Adult Business. C.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 mind 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 records under this Section shall refuse to allow autho@ representatives of the City to examine said records at reasonable times and places. 5,09,010 Conditional ljqe Perinit Regiiired. 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 Ords\96-18 13 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, describing 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 parldng 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. F. The Adult Business shall not be located, in whole or in part, within any portable structure. G. The Adult Business shall not conduct or sponsor any special events, promotions, festivals, concerts or similar activities which would increase the demand for parldng spaces beyond the approved number of spaces for the business. 14 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. 1. 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 parldng 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 parldng 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. @W&18 15 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. AR indoor areas of the Adult Business within which patrons are permitted, except rest rooms, shall be open to view at all times. 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, recordmg 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. 0. 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. AR 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, parldng lot or neighboring property. 16 Q. No Adult Business shall be open or operating during the hours from 10:00 p.m. to 8:00 a.m. 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 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. 2. The application shall be swom to be true and coffect by the Owner under penalty of pe@ury. 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. Onb\96-18 17 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 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 Of&W&18 18 occupied by an entertainer. 'EnterL-dner" 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 enterltiner, either before, during or after performances, shall have physical contact with any patron and no 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. 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. T'he 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 lamits For Action On Condit*on-gi ljqe Perrnit. 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 Or&\9&18 19 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 @ (30) days of its filing with the City Clerk. Any proceeding to seek judicial review of any City Council decision shall be brought in accordance with the provisions of the Temecula Municipal Code and applicable State Law. 5,09,014 Sale/ServinLy of Alcohol mind Person.-. Under the Tnfluence of Alcohol of Controlled Siihgances; 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 defmed and described in Health and Safety Code Section 11007 as it now exists or may be subsequently amended or renumbered. 5,09,016 SiL-.=.voon and Revocation of a Conditional Use Permit. The Planning Commission may suspend or revoke any Conditional Use Pen-nit 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; @\96-18 20 B. That the approved use has been substantially enlarged without City approval; C. That the approved use has been partially or wholly converted to another Adult Business without City approval; D. That the Conditional Use Permit has not been utilized within six months of its issuance; or E . The Adult Business License has been suspended or revoked. 5,09,018 Adult IRiiqiness license 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 partnership, 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 subject to the same rules of transferability as contained above. Any change in the nature or composition of the Adult Business from one @ of Adult Business use to another @ 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 Aduh Business F@mjpioyee PermitL Each Employee of an Adult Business or an independent contractor worldng 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 to whether the applicant is over the age of eighteen, 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: Or&\96-18 21 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, Iddnapping, 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 Califomia Penal Code Section 290, or any violation of Penal Code Sections 243.4, 261) 261.5@ 264. 1 p 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 31 1 through 31 1. 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. 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. D. The permanent Adult Business Employee Permit shall be valid for a period of one (1) year. 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 Ap@ion For Adult Bii-,qinessFicense- Applicants for such licenses shall file 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. 22 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 partnership, limited liability company or limited liability partnership, the application shall show the name and residence address of each of the members, including lim- ited partners with a ten percent (10 %) or more interest; C. A detailed description of the manner of providing any proposed entertainment, including type of entertainment and the number of persons engaged in the entertainment; 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 carried 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. 1. 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. @W&18 23 K.If a person who wishes to operate an Adult Business is an individual, he/she must signthe application for a permit as Applicant. If a person who wishes to operate an Adult Businessis 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 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. AR 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. T'he failure to comply with said continuing duty within @ (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 Tnvestivation. Upon receipt of an application properly filed with the City Community Development Department and upon payment of the nonrefundable 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 Apphcant, 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. @W6-18 24 5,09,024 Dec*,,Rinn By Director of Commtinitl DevelopjMent 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. 5,09,026 C'.rant of ASW]ication For LiceiLge. 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 Den*al 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 Califomia and of the City of Temecula; B. The Applicant, his or her employee, agent, partner, director, officer, stockholder or manager has Imowingly 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, Iddnapping, 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 Or&\96-18 25 243.4, 261, 261.5@ 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 31 1. 10, inclusive, 314, 315, 316, or 647, whether or not such a conviction is being appealed; E. A Conditional Use Permit has previously been denied for the proposed use; or G.That an Applicant is under eighteen (18) years of age; I.The required application fees have not been paid; or J. 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. 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'tn@ion. An Applicant or Licensee shall permit representatives of the Police Department, Health Department, Fire Department, Code Enforcement, Planning Department, or other City Departments 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 @ (30) days before the expiration date, the expiration of the License shall not be affected. T'he 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 coffected, the Applicant shall Ot*\9&18 26 be granted a License if at least ninety (90) days have elapsed since the date denial became fmal. 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 neces&uy 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; D.There is not a responsible adult on the premises to act as a manager at all times in whichthe 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, Iddnapping, 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 Califomia, including, but not necessarily limited to the violation of any crime requiring registration under Califomia 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 31 1. 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 occuffed 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; Or&\96-18 27 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 Heariny on Revocation of T@icense. 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 wlnch 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 License. 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 @ng or postmg 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 @ (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. Ords\%-lg 28 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 @g 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 Reogilqtions Nonexclusive. The regulations seA 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 Violatione./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 by a fme of not more than one thousand dollars ($1,000.00) 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 Niiiqance. 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. 29 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, iffespective 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 the date Ordinance No. 96-18 expires and shall continue in effect for a period of 10 months and 15 days thereafter pursuant to the provisions of California Government Code Section 65858. Ordinance No. 96-18 shall expire and be of no further force and effect at the conclusion of the forty fifth day following its adoption. SECTTON 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. PASSED, APPROVED, AND ADOPTED this 12nd day of November, 1996. Karel F. Lindemans, Mayor A=T: June S. Greek, CMC, City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA 30 I, June S. Greek, City Clerk of the City of Temecula, do hereby ce@ that the foregoing Ordinance No. 96-19, was duly adopted and passed as an urgency measure at a regular meeting of the City Council on November 12, 1996, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT:COUNCIL MEMBERS: June S. Greek, CMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson City Attorney Ords\96-18 31 ITEI\4 23 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: June S. Greek, Director of Support Services/City Clerk DATE: November 1 2, 1 996 SUBJECT:Resolution Changing Location of City Council meetings RECOMMENDATION:Adopt a resolution entitled RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESIGNATING A NEW LOCATION FOR CITY COUNCIL MEETINGS BACKGROUND: The recent move to the new City Hall facility, has made it necessary to officially change the location of the City Council meetings. On April 5, 1994, the City Council adopted Ordinance No. 94-1 1 which permits the date, time and location to be changed and designated by resolution. Staff recommends the adoption of the resolution contained in your staff report. ATTACHMENTS: Sample Resolution for Adoption JSG R:\agenda.,pt\MeetPlac. Res RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESIGNATING A NEW LOCATION FOR CITY COUNCIL MEETINGS @REAS, the Offices of the City of Temecula have been relocated to a new City Hall facility located at 43200 Business Park Drive, and WHEREAS, this facility has been designed to house the City Council Chambers, and WHEREAS, the Temecula Municipal Code Section 2.04 allows the City Council to designate another date, time and location by resolution, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Chapter 2.04 of the Temecula Municipal Code is hereby amended to read as follows: "2.04.020 - Time and place of meetings. A. Regular meetings for the City Council shall be held on the second and fourth Tuesday of each month. Regular meetings shall commence at 7:00 p.m. and adjourn at 10:00 p.m., subject to an adopted motion to extend the meeting. Regular meetings shall be conducted at the Council Chambers located at City Hall, 43200 Business Park Drive, Section 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 12th day of November, 1996. Karel F. Lindemans, Mayor ATTEST: June S. Greek, CMC, City Clerk [SEAL] R:/Resos/Chambers STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) 1, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 96-01 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 12th day of November, 1996 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT:COUNCILMEMBERS: June S. Greek, CMC, City Clerk R:/Resos/Chambers 2 ITEIN4 24 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO:City Manager/City Council FROM:City Clerk DATE:November 1 2, 1996 SUBJECT: Public/Traffic Safety Commission Appointments RECOMMENDATION: Public/Traffic Safety Commission. BACKGROUND: The expiring terms of Commissioners Charles Coe and Steve Sander were advertised in accordance with the Council's adopted policy and procedure for making appointments and re-appointments. In addition, the applications received by the closing date were forwarded to AdHoc Committee Members Councilmember Ford and Councilmember Stone for a recommendation. Their recommendations are as follows: Councilmember Ford Councilmember Stone 1 . Reappoint Commissioner Charles Coe 1 . Reappoint Commissioner Charles Coe 2. Appoint Mr. Larry Markham 2. ReappointCommissionerSteveSander Attached are copies of the applications which were received by the filing deadline of October 25, 1 996.. ATTACHMENTS:Copies of Applications for Appointment Appoint two members to serve a full three-year term on the R:\agenda. rpt\appoint. pts CITY OF TEMECULA APPLICATION FOR APPOINTM[ENT TO BOARDS, COMMTTEES AND NS. Qualification Requirement: R@ident' of the City of Temecutili, BOARD,COMMrrfEEORCOMMISSIONONWHICHYOUWISHTOSERVE:Public/Tr@tfic Safety Commission NAME:- Paul J. Jacobs YEARS RESIDENT OF TEMECULA I ADDRESS:32370 Corte Zamora - Temecula 92592 HOMEPHONE: (909)676-1950 WORKPHONE: (714)957-5004 OCCUPATION:Licensed Psychiatric Technician EMPLOYERNAMIE: Fairview Developmental Center (State of CA) EMIPLOYERADDRESS:2501 Harbor Blvd. - Costa Mesa, CA 92626 EDUCATIONAL BACKGROUND/DEGREES: I graduated from the Cypress College Psychiatric Technician nursinc- program in 1980. LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, CO@TTEE OR CO@SSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: None ORGANIZATIONS TO WHICH YOU BELONG: (Prof@ional, technical, community, service): I am currently a delegate for the Vintage Hills homeowners association and regularly attend the bimonthly meetings. I am also a member of the California Association of Psych. Techs., a bargaining unit for state employees. BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS BOARD OR COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paperifnecessary): I feel proud and fortunate to live in Temecula and I would like the opportunity to contribute back to the community. I work part-time which allows me to be available for this position. I believe my primary qualification is my concern for people. My career in health care has provided me with a solid background in public health and safety issues. The experience I have gained working with various professional disciplines provides me with a teamwork mentality in planning and goal setting. T look forward to the opportunity to serve as a Public/Traffic Safety Commissioner. I thank the city councilors for considering my application. I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. rtiGNATLTRE* DATE* PLEASE NOTE: Applications will he kept on rile for consideration of future vacancies. Return to: City Clerk's Office, 43200 Business Park Drive, Temecula, CA 92590 (909) 694-6444 OR Mail to: P.O. Box 9033, Temecula, CA 92389-9033 r:\co@s\appfoF-m CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO BOARDS, CO@TTEES Awe6 !2uWirication Renuirement: Resident of the City Of Te@uls. BOARD, CO@TTEE OR COMMSSION bN WHICH YOU WISH TO SE N A ME: kI I -/// A' k" @of I id2 YEARS RESIDEIN i-L ADDRESS: 4 @e,, aT HOME PHONE: @!F -,6 @3 WORK PHONE: OCCUPATION: @ 7-1,lt-@e) EM3'LOYER NAMDE- EMPLOYER ADDRESS: EDUCATIONAL BACKGROUNDIDEGREES: 14A / /-v A tY,4 LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, CO EE OR COMMSSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technicw, community, service): 1(4 @,) Al f LI /4.4 C TI t-,c) 3 @/VO BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS BOARD OR COMMSSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additiong paper if Iti@IV 7- I unde that any or all information on this form may be verified. I coamut to reim" of information for public information purposes. SIGNATLRRE: DA TE., PLEASE NOTE: App@ons wiU be kept on file for consideration of future v Return to- City Clerk's Oflrwe, 43200 Business Park Drive, Temecula, CA 92590 (909) 69 OR Mail to: P.O. Box 9033, Temecula, CA 92389-9033 r:\commak"p(orTn William Cross Jr. 40331 Atmore Court Temecals, Ca. 92591-1621 909-69"245 I wish to serve on this commission and be an active participant in the community in which I live. WORK HI@V TORY 1988 to 1992 Allied /Signal Field Service Supervisor Supervised employees working on military aircraft systems. Attended meetings with personnel from companies we had contracts with, that we sought contracts with. Prepared reports, and made recommendations as needed. Served on the engineering review board. 1966 to 1988 Allied/signal Field Engineer Represented AHied/signal at the site of the contractor and furnished various types of support and or liaison. I worked at the following sites on the following products: McCord A.F.B. C-141 Automatic Landing System Norton A.F.B C-141 Automatic Landing System Altus A.F.H. C-141 Automatic Landing System McDonnel Acft. F-15 Navigation System Cessna Acft. Citation Autopilot & Engine Instruments U.S.A.F. T-39 Microwave Landing System Edwards A.F.B. XQM-93 Remote Piloted Aircraft Northrop Acft. B-2 Cockpit Display System North Island N.A.S. S-3A Autopilet, Flight Director, Engine Instruments 1960 to 1966 Mohawk Airlines Avionics Technician to Shop Supervisor Worked on avionics equipment installed on commercial and corporate aircraft, installed new equipment, repaired equipment in shop. Later supervised others in these jobs. 1950 to 1958 U.S.A.F. Supply Technician (2vrs) Aircraft Mechanic (6yrs) (2) EDUCATION MBA National University 1978 BA National University AA Electronics Penn Technical Institute U.S.A.F. Aircraft Mechanic Course U.S.A.F. Supply Technician Course U.S.A.F. G.E.D. New Vork State G.E.D. Summary Most of my life I have worked in an area where saftey has the top priority, and having lived or traveled in most parts of the country I know whav various qWs of traffic is like. Therefore I consider my work and life experiette ar. my qualification for this position on this commission. nank you for your consideration Sincerely William Cross Jr. CITY OF TEMECULA APPLICATION FOR APPOINTMIENT TO BOARDS, COMNUTTEES A t@Ns Oualirication Requirement: Resident of the City 'of Temecula. BOARD, CO@TTEE OR CONMSSION ON WHICH YOU WISH TO SERVE: NAME: 'b A \1 )@ (@)u @ YEARS RESIDENT OF TEMECULA ADDRESS: 4(f@,'--L7C(-jk-c., C @,l C-0 HOME PHONE:(cl(-q ) (,, cl WORK PHONE: OCCUPATION: c(CA EMIPLOYER NAMEE: EMPLOYER ADDRESS:-] 9 Cc (-A EDUCATIONAL BACKGROUND/DEGREES: f3, S, iof) \f LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: \f @,,C- 3 V-\ '@ C C) ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS BOARD OR COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): 4-@ V, j-4 CIO\, T-f) r,@ C ko kill @T- C, ,-vc- @@\ZA\jf- I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. SIGNATURE.,\ 0 PLEASE NOTE: Applications will be kept on rile for consideration of future vacancies. Return to: City Clerk's Office, 43200 Business Park Drive, Temecula, CA 92590 (909) 694 6444 OR Mail to: P.O. Box 9033, Temecula, CA 92389-9033 r:\comniiskapp(onn CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES AND C Ouilification@ Requiremeint. @' @@R@sident @of:the. CiW. of T466i BOARD, COMM"EE OR COMMISSION ON WHICH YOU WISH TO SERVE: NAME: 0,4 OIC YEARS RESIDENT TEMECULA ADDRESS: HOME-PHONE: WORK PHONE: OCCUPATION: @ Z,@ EMPLOYER/ADDRESS: y@ EDUCATIONALBACKGROUND/DEGREES: @/ @ Aw. @. Ileeee*e @ 0OA17"@C,-4,fW.0.4 .14e-4eYJO&@r,-@ 4,q@,d@e OCI@R@ r,,a*r --W 1,9@ - @@ LIST ANY RIVERSIDE COUNTY OR 0 CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR OF SERVI l@2 IOeZ7d Al - 41, P< f ee-K,4@17' Fell L Al@,4 r/ CIA/ - @-C 11@7co ORGANIZATIONS TO W, HICH YOU BELONG: lProfeS5ional, technical, community, service): "CO # @@crl -OAI @,& @ @ BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS BOARD OR COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): 70- AWI@ kfq P,4cr A,P-P Ce AP' @ee I understand that any or all information on this form may be verified. I consent to the release of this information for publicity SIGNATURE:I. DATE: PLEASE NOTE: Applications will be kept on file for consideration of future vacancies. Return to: City Clerk's Office, 43174 Business Park Drive, Temecula, CA 92390 1714) 694-1989 2/forms/COM-001 H.Steve Sander,A.LA. ALZCBTIECT AND PLANNER Jane S. Greek, CMC City Clerk,City of Temecula October 5,1996 43200 Business Park Drive Temecula, CA 92390 Dear Ms Greek, f am enclosing my application to the City Council for review and recommendation for my reappointment as Commissioner of the Public Traffic and Safety Commission. Sincerely, H.Steve Sander Att: Susan W-fones, Deputy City Clerk CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES AND C oualirication Requirement-. Resident of the@ City of@T@ectila BOARD, COMMITTEE OR COMMISSION ON WHICH YOU WISH TO SERVE: PUBLIC/TRAFFIC SAFETY COMMISSION NAME:RICHARD B. ALLING YEARS RESIDENT OF TEMECULA 4 ADDRESS:29733 NIGHTVIEV CIRCLE, TEMECULA, CA. 92591 HOMF,PHONE: (909) 693-9950 WORKPHONE: (619) 490-6800 OCCUPATION: CONSTRUCTION MANAGER / SENIOR ESTIMATOR EMEPLOYER NAME: NINTEMAN CONSTRUCTION COMPANY, INC. EMPLOYER ADDRESS: 4375 JUTLAND DRIVE, #200, SAN DIEGO, CA. 92117 EDUCATIONAL BACKGROUND/DEGREES: SEE ATTACHED LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: ORGANIZATIONS TO WHICH YOU BELONG: (Professional technical, community. service): ASSOCIATED GENERAL CONTRACTORS - SAN DIEGO,' CA. T.V.S:A. - MANAGER WILDOMAR / ELSINORE LITTLE LEAGUE MANAGER LAKE ELSINORE SOCCER ASSOCIATION COACH BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS BOARD OR COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Ijse additional paper if necessary): SEE ATTACHED I understand that any or all information on this form may be verified. I consent to the release of this information for public informat' poses. SIGNATURE.@ DA OCT. 24, 1996 PLEASE NOTE: Applica4ons will ' pt on rile for consideration of future vacancies. Return to: City Clerk's Office, Business Park Drive, Temecula, CA 92590 (909) 694 6444 OR Mail to: P.O. Box 9033, Temecula, CA 92389-9033 r:@conunis\appform "A" ATTACHMENT TO APPLICATION CITY OF TEMECULA I believe it's every citizen's duty to improve the society that we live. This duty is not only to better our lives, but that of our children and neighbors. I am currently working with children in community sports. As manager of both Little League Baseball and soccer, I try to improve their minds and bodies. To be fit in today's world, you must be able to adapt to change, know how to win and to lose. In each case you should aspire to do your best, and to improve from what you have learned. This is what I teach the kids and this is what I believe. My professional background is in business. The budget constraints that we now face, require that people involved in public service have a working knowledge of fiscal responsibility. I have that knowledge. Temecula has great opportunities along with some distinctive challenges. I believe I have the knowledge, education and common sense to help maximize our cities opportunities, and to mitigate the hazards. 't B'l ATTACHMENT TO APPLICATION CITY OF TEMECULA B.Sc. Degree -- Construction Management California State University, Long Beach A.A. Degree -- Architectural Technology Fullerton College Urban Planning Courses California Polytechnic University, Pomona Continuing Education Courses -- Construction University of California, San Dieco Marketing Management Courses (4 units short of A.A. Degree) Orange Coast College Continuing Education Courses Finance, Management, Law, Accounting, Computer Software Ninteman Educational Certification Program Richard Alling 29733 Nightview Circle Temecula, CA 92591 October 20, 1996 City of Temecula City Clerk's Office P.O. Box 9033 Temecula, CA 92389-9033 Dear SirsALadies: I am interested in working on either the Pubtic/Traffic Safety or Community Services Commmission. I enclose my application as a first step in exploring the possibilities of helping the city enter the year 2000. Thank you for your consideration. Since Richa CITY OF TEMEECULA APPLICATION FOR APPOINTMIENT TO BOARDS, COMMTTEES AND @@@alirication @Requirement-. Resident@orthe City of Temecula BOARD, COMMITTEE OR COMMISSION ON WHICH YOU WISH TO SERVE: NAMIE: ARS RESIDENT OF TEMECULA- ADDRESS: k-A HOMEPHONE:@q@)@ls-@@@ WORKPHONE:@@CILA6--)@ OCCUPATION:@ @ k -@ C @-- @@7- -X @@K EMIPLOYERNAME: I EM[PLOYER ADDRESS: @ %-A EDUCATIONAL BACKGROUND/DEGREES: LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMTTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): rA BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS BOARD OR COMMISSION, AND WHY YOIJ BELIEVE VOIJ ARE OUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): T-X-A@ t-A t-A I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. SIGNATURE*@ DATE: PLEASE NOTE: Applications will be kept on rile for consideration of future vacancies. Return to: City Clerk's Office, 43200 Business Park Drive, Temecula, CA 92590 (909) 694 64d4 OR Mail to: P.O. Box 9033, Temecula, CA 92389-9033 r:\comniis\appfoffn RONALD FRANCIS DRISCOLL Confidential Y3@ lxunatd Francis Driscoll PERSONAL INFORMATION NAME: Ronald Francis Driscoll DOB: November 11, 1970 AGE: '@15 ADDRESS: 30321 Sierra Madre Drive, Temecula, Ca 92591 PHONE: (909) 695-1386 SSN: 556-85-9949 CDL: A1552419 RATR: Blonde EYES: Green VISION: 20/20 HEIGHT: 5' 11" WEIGHT: 220 MARITAL STATUS: Married ( 6/94 WIFE: Marsha CHILDREN: Kristin ( 3 yrs ), Michael yr WORK EXPERIENCE Oct 92 to PresentPOLICE OFFICER: UPLAND PD - One-man patrol car assigned to one beat in a four beat system. Experienced in field investigations including homicides, robberies, burglaries, narcotics and assaults, Experience with traffic enforcement including minor and major injury traffic collisions. Established a good rapport with supervisors, peers and the public. May 90 to Oct 92CORRECTIONAL OFFICER U: RIVERSEDE COUNTY SHEREFF'S DEPT. - Assigned to both floor operations and the classification unit. Experienced in booking, printing and housing of inmates. Experienced as a pod and tank officer and responsible for as many as 300 imnates at one time. Experienced as a training officer and responsible for teaching all aspects of jail operations. Worked as a lobby officer with experience in dealing with the public. In July of 1990 1 was asked by members of the Lake Elsinore Shen'ffs station to participate, as a decoy, in their Alcohol Decoy Program. I agreed to participate and, as a result, 16 out of 30 businesses were cited for selling alcohol to minors. Aug 91 to Oct 92RESERVE DEPUTY SHERIFF ( LEVEL 11 ): RIVERSIDE COUNTY SHERIEFF'S DEPT. - Assigned to the Hemet Sheriffs station. Worked with a regular Deputy Sheriff in all aspects of patrol. Patrolled both the mountain areas ( Idyllwild ) as well as low desert areas ( Anza ). Experienced in field investigations including burglaries, narcotics and assaults. Assisted on search warrants of methatnphetamine labs and contained a crime scene during a homicide investigation. May 89 to May 90CORRECTIONAL OFFICER 1: RIVERSIDE COUNTY SHEREFF'S DEPT. - Assigned to the Robert Presley Detention Center and the old county jail. Experience in working the housing tanks as well as the booking desk and print room. Nov 86 to May 89EXPLORER SCOUT: RIVERSIDE COUNTY SHEREFIP"S DEPT. - Assigned to the Lake Elsinore Sheriffs station ( Post 881 ). Participated in ride-alongs, missing person searches and traffic control during special events. Held the position of explorer Sergeant. EDUCATION AND TRAINING Aug 94 ADVANCED OFFICER TRAINING COURSE -Orange County Shefiff s Dept., 24 hours, certificate. Feb 94 BASIC P.O.S.T. CERTIFICATE B76161 Jun 93 E.V.O.C. UPDATE COURSE - San Bernardino County Sheriffs Dept., 8 hours, certificate. Nov 92PROPOSITION 115 TRAINING - San Bernardino CountyDistrict Attorneys Office, I hour. Aug 92BASIC ACADEMY EXTENDED FORMAT San Bernardino Valley College ( Class # I May 92ANNUAL JAIL OPERATIONS TRAINING - Riverside County Sheriffs Dept., 32 hours. May 92E.V.O.C. DRIVERS TRAINING - San Bernardino County Shefiffs Dept., 24 hours, certificate. Sep 91RESERVE ACADEMY ( LEVEL H San Bernardino County Shen'ffs Dept., 117 hours, certificate. Oct 90ANNUAL JAIL OPERATIONS TRAINING - Riverside County Sheriffs Dept., 32 hour Oct 90CULTS, RITUALISTIC ABUSE AND SATANISM COURSE - San Diego County Sheriffs Dept., 8 hours, S.T.C. # 966-831 1. Apr 90 RESERVE ACADEMY ( LEVEL III San Bernardino County Sheriffs Dept., 60 hours, certificate. Sep 89TELECOMMUNICATIONS TRAINING - Department of Justice - State of California, 4 hours, certificate. Jun 89CORRECTIONAL OFFICERS BASIC C.O.R.E. ACADEMY - Riverside County Sheriffs Dept. ( Class # 6 ), 181 hours, S.T.C. # 046-1283. Dec 87RTVERSLDE POLICE LAW ENFORCEMENT EXPLORER ACADEMY - Riverside County Sheriffs Dept. Training Center., 50 hours. ACTWITIF,S ANI) fNTERES3:S PRESENT CALVARY CHAPEL CHURCH OF NWRRIETA - My family and I have been active members of CalvaryChapel Church since March of 1995. CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES AND CO QuaiirIC8tion ]Requirement: @ Resident or the City of @T@mecula. BOARD, COMMITTEE OR COMMISSION ON WHICH YOU WISH TO SERVE: NAME:-/@,v@@- Hill YEARSRESIDENTOFTEMECULA ADDRESS: @@IeZ HOMEPHONE: -WORK PHONE: OCCUPATION: EMPLOYER NAMIE: EMPLOYER ADDRESS: EDUCATIONAL BACKGROUND/DEGREES: z@ LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: F6,@ /c, T- ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): )p2-A;114 BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS BOARD OR COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (tjse additional paper if nec P'@,g I? .1 /-@ @@@ IV@O Y @C, I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. SIGNATURF-! DATE., ir PLEASE NO@- Applications wiifbe kipt-on file for c@ration of future vacancies. Return to,. City Clerk's Office, 43200 Business Park Drive, Temecula, CA 92590 (909) 694 6444 OR Mail to: P.O. Box 9033, Temecula, CA 92389-9033 r:\co@s\appforTn CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO BOARDS, COMMTTEES AND C Qualarication]Requirement: Regident@o u t@the City@ BOARD, CONMTTEE OR COMMISSION ON WHICH YOU WISH TO SERVE: NAMIE: YEARS RESIDENT OF TEMECULA ADDRESS: '7 HOMEEPHONE: WORK PHONE: OCCUPATION: EMIPLOYER NAME:- EMPLOYER ADDRESS: EDUCATIONAL BACKGROUND/DEGREES: LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS BOARD OR COMNUSSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. SIGNATLTRE.:E@@ PLEASE NOTE: Applications will DATE., kept on rile for consideration of future vacancies. Return to: City Clerk's Office, 43200 Business Park Drive, Temecula, CA 92590 (909) 694 6444 OR Mail to: P.O. Box 9033, Temecula, CA 92389-9033 r:\conunis\appform CITY OF TEMECULA APPLICATION FOR APPOINTrviENT TO BOARDS, COMMITTEES AND CO* dent of the City of Temecu Public/Traffic Safety Commision BOARD, COMMTTEE I R COMMSSION ON WHICH YOU WISH TO SERVE: NAME:- Michael S. Naggar YEARS RESIDENT OF TEMECULA ADDRESS:43034 Agena St HO MIE PHONE: 695-0324 WORK PHONE: 619-492-5084 OCCUPATION: Code Enforcement Officer EIVIPLOYER NAME- City Of San Diego 9601 Ridgehaven Court San Diego, CA 92123 ENIPLOYER ADDRESS: EDUCATIONAL BACKGROUND/DEGREES: Volunteer for the San Diego Police Dept 2 years Soccor Coach Temecula Valley Soccor Asoc. Ex- Peace Officer and Paid Call Fire Fighter- San Diego and Big Bear Lake respectivei LIST ANY UVE EE OR CONUVUSSION ON WHICH YOL E: None ORGLMZU BELONG: (Professional, technical, community, service): Soccor Coach for the Under Six age group- Temecula Valley Soccor Asoo, Volunteers in Policing-San Diego Police Department Narcotics Division BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS BOARD OR COrvEMSSION, AIND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): I moved to Temecula in 1992 to raise my family. I have fallen in love with this citv and would like to be involved in it's development and planning. I believe I am qualified for the position by virtue of having been employed by various city agencies. I know how i city runs and am able to work with in those parameters. In addition I have spent 12 years in the Real EsLate Management and Development field. This has mven me a solid understandin- of economi@- and a valuable education in common sense. I am currently workin- as a Code Enforcement Officer and am Familiar with looking up understanding and applying a host of building, waste, local, and State codes. In addition I have Worked for the Citv Of Big Bear Lake as a Fire Fighter and have also been a RanLyer/Peace Officer for the Citv of San DieL7o. understand that any or all information on tnis torm may be verified. I consent to the release of this information for public information purposes. DATE: 10/24/96 PLEASE NOTE: Applications W"Ill be ke@t,@ * f4r consideration of future vacancies. Return to: City Clerk's Off-ice. 43200 Busin@@@ Drive, Temecula. CA 92590 (909) 694-6444 OR Niail to: P.O. Box 9033, Temecula. CA 92389-9033 r:\cciiTimis\appi orm CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES AND QUdirication Requiritmtnt., Resident of the Ci!Z' of Teniecula.::@,,:. Public/Traffic Safety Commission BOARD, COMMITTEE OR COMMISSION ON WHICH YOU WISH TO SERVE: NAME: Larry R. Markham YEARS RESIDENT OF TEMECULA 4 -15 ADDRESS: 41750 Winchester Road Suite L Temecula, CA 92590 HOMEPHONE: 909-694-8536 WORKPHONE: 909-676-6672 OCCUPATION:nc--vt-1c)pmc-nt- Cc)n-,iilt-ant- EMIPLOYERNAME:Markham & Associates ENWLOYERADDRESS: 41750 Winchester Road Suite L Temecula 92590 EDUCATIONAL BACKGROUND/DEGREES: Master of Science-Civil Engineering Bachelor of Science - Civil Engineering LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: See attached list ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): See attached list BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS BOARD OR COMMISSION, AND WHY YOU BELIEVEYOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessmy):I feel that my backgound in development and engineering for severallarge and small projects in the Temecula and Murrieta areas provides me with a comprehensive perspective in dealing with the public safety and transportation matters that come before the Public/Traffic Safety Commission. This perspective will allow me to offer unique and creative solutions to the issues at hand. I understand that any or all information on this form may be veriried. I consent to the release of this information for public information pur I / .0 12- SIGNATLTRE: DATF-- PLEASE NOTE: @pvcatas will be Vpt on rile for consideration of future vacancies. Return to: City Clerws O#ce, 43200 Iusiness Park Drive (909) 694 6444 QB Mad to: P.O. Box 903$,/ Temecula, CA 92589-9033 r:\co@s\appfonn MARKHAM & ASSOCIATES Development Consultants LARRY MARKHAM PRZNCIPAL EDUCATION:Master of Science Civil Engineering Virginia Polytechnic Institute Bachelor of Science Civil Engineering Virginia Polytechnic Institute LICENSE:Civil Engineer, California 1979 PROFESSIONAL ORGANIZATIONS: See Attached Mr. Markham's broad background in civil engineering, land planning, environmental planning, development management and governmental relations since 1970 provides a rich resource to the diverse clientele of Markham and Associates in obtaining project entitlements. The investment of public service to the communities of Riverside County allows for a level of insight into the various approval processes unsurpassed in the local development and building industry. MARKHAM & ASSOCIATES PRINCIPAL - 1981 TO PRESENT Responsible for the planning, approval and implementation of over Soo projects during the past 15 years, ranging from minor additions to full scale master planned communities. ALBERT C. MARTIN & ASSOCIATES CIVIL PROJECT ENGINEER - 1978 TO 1981 Responsibilities include supervision of site plans for a variety of residential and commercial developments. coordinates design of drainage, grading, road alignments, horizontal and vertical controls and utilites. Coordination efforts encompass liaison with government agencies and estimation of budget and time frameworks. 41750 Winchester Road, Suite L o Temecula, California 92590 o (909) 676-6672 - FAX (909) 699-1848 LARRY MARKHM PAGE 2 LOCKHEED-CALIFORNIA COMPANY CONSTRUCTION ENGINEER - 1977 TO 1978 STRUCTURAL ENGINEER - 1976 TO 1977 Responsible for construction activity in a 4.6 million square foot manufacturing and office area, including contracting, coordination scheduling, budget compliance, inspection and variance negotiations. Projects include a variety of manufacturing and office facilities. Developed and programmed computer programs for optimum design and analysis of composite material and metallic structures. WOLFE & FORMAN ENGINEERS, INC. ENGINEER IN TRAINING - 1970 TO 1973 Construction responsibilities included surveying, field supervision and liaison during initial and final phases of site work. Engineering duties included structural design, detailing and drafting. Participated in numerous material handling and material preparation facilities during both design and construction. MARKHAM & ASSOCIATES Development Consultants LARRY R. MARKHAM ORGANIZATIONS (Past and Present) -The Valley Group -The Murrieta Temecula Group, President/Secretary -American Society of Civil Engineers -American Planning Association -Urban Land Institute -Friends of Murrieta Schools -Friends of French Valley Airport, President -Temecula Valley Chamber of Commerce -Murrieta Valley Chamber of Commerce -Wildomar Valley Chamber of Commerce -Temecula Town Association -Temecula Mainstreet Association -International Conference of Building Officials -Building Industry Association -Audubon Society -Nature Conservancy -Rancho California Business Center Architectural Control Committee -Temecula Sunrise Rotary Club -University of California, Riverside - Extension Teacher -Temecula Valley National Bank, Board of Director -Bear Creek Greens Committee, Chairman -Bear Creek Golf Club, Board of Director -Optimist Club 41750 Winchester Road, Suite L o Temecula, California 92590 * (909) 676-6672 - FAX (909) 699-1848 LARRY R. MARKHAM ORGANIZATIONS PAGE 2 -Ridgegate Homeowners Association, President -Los Ranchitos Homeowners Association, President -Community Recreation Center Building Foundation, Board of Director -county of Riverside coordination Committee -City of Temecula coordination Committee -City of Murrieta Coordination Committee COMMITTEES AND C014MISSIONS 1985-1986 andMurrieta Creek Citizens Advisory Committee, 1989-1992vice-chairman 1986-1989South West Area Plan Citizens Advisory Committee 1987-1991Temecula Redevelopment Citizens Advisory Committee 1991-PresentRancho California Water District Citizens Advisory Committee 1990-PresentCounty Service Area 143 Citizens Advisory Committee 1991-PresentOld Town Historic Review Committee 1992-1994Old Town Specific Plan Steering Committee 1992-1994City of Murrieta, General Plan Citizens Advisory Committee, Vice-Chairman 1992-1993city of Temecula, Land Use Technical Subcommittee to the General Plan 1992-1995City of Temecula, Development Code Advisory Committee 1993-PresentFrench Valley Airport Citizens Advisory Committee 1993-PresentSanta Margarita Watershed Committee-Drainage Subcommittee, Chairman CITY OF TEMECULA APPLICATION FOR APPOINTM[ENT TO BOARDS, CO ES AND COtffSV ,6PNS '4Df; OC'uti. i @-R ui @t:@'@Re'side'iitot-thici@ -Ti@ Public/Traffic Safety Commission BOARD, COMMITTEE OR CO@SSION ON WHICH YOU WISH TO SERVE: NAME: Darrvl E. Drott YEARS RESIDENT OF TEMECULA 3 ADDRESS:31907 Leigh Lane, Temecula CA 92591-6946 HOMEPHONE: (909) 695-0232 WORKPHONE: (909) 683-6565 OCCUPATION: Field Representative EMEPLOYERNAM]E. Riverside Sheriff's Association EM[PLOYERADDRESS:4361 Latham St., Suite 240 Riverside, CA 92501 EDUCATIONAL BACKGROUNI)/DEGREES: Associates Degree in Business Management - Mt. San Jacinto College Associates Degree in Social Behavioral Science - Mt. San Jacinto College Associates Degree in Industrial Security - Community College of the Air Force LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMTTEE OR COMMISSION ON WI@@CH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: None. ORGANIZATIONS TO WHICH YOU BELONG: (ProfessionW, technical, community, service): Riverside Sheriff's Association - Retired member and employee. Peace Officers Research Association of California BRIEFLY STXTE WHY YOU WISH TO SERVE ON THIS BOARD OR CO@SSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if n ):I am seeking appointment to the Public/Traffic Safety Commission because I desire to become more involved and serve this great community in which my family lives. I am a retired Riverside County Deputy Sheriff. While in the employ of the Riverside Sheriff's Department, I primarily served in the capacity of a Traffic Enforcement Officer and Traffic Accident Investigator. My training and experience in law enforcement has instilled in me a respect for safety which is paramount for a member of this commission. My perspective in the area of public and traffic safety would greatly enhance the mission and effectiveness of the commission, I understand that any@ information on this form may be verified. I consent to the release of this information for p SIGNATUR'F. DATE- PLEASE NOTE: Applications wiH be kept on rile for consideration of future vacancies. Return to: City Clerk's Office, 43200 Business Park Drive, Temecula, CA 92590 (909) 694 6444 OR Mail to: P.O. Box 9033, Temecula, CA 92389-9033 r:\commis\appform CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES AND COMMI @the'@'tity:@of mocula...., .:OublificationR#quirement: Resident of BOARD, COMMITTEE OR COMMISSION ON WHICH YOU WISH TO SERVE: NAME:-(W@ @- @e@ YEARS RESIDENT OF TEMECULA ADDRESS: HOME PHONE' WORK PHONE: ,6a 5 l@@5 OCCUPATIOIY: @ 57@ el EMPLOYERIADDRESS: /7'-5 2) @@ . 4 y@ EDUCATIONAL BACKGRCfUND/f)EGREES: @4l@e- I/ (f -5 @@ /y 99,9 LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR OF SERVICE: ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS BOARD OR COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC luse additional paper if necessar at any or all inform ,06n on this form may be verified. I consent to the release of this publicity purposes. SIGNATURE: DATE: PLEASE NOTE: Applications will be kept on file for cons(oderatio@of future vacancies. Return to: City Clerk's Office, 43174 Business Park Drive, Temecula, CA 92390 (714) 694-1989 2/forms/COM-001 APPLICATION FOR A CITY OF TEXMCULA PPOINTMENT TO BOARDS, COMUTTEES A I wish to Nl 'Ity Rif TetT back to th I-lumnTTEE .cula rt-iy c safety ;i NAMLE:. IJ B-LRVE: @r Tor i5, ADDRESS S RESIDENT OF T]EMIECULA ua',Aiy of I wou!d HOMEPH n -:z ;@n ttilktv ve t'flat 11 OCCUPATION: NE: n ions me EMPLOYER NAME rtant pr( EMPLOYER ADDRESS: (o,@- ,illy, on I -id the c n forth, tirect tf A:; Y\ op neN TH SERVIED A TjH .)nmcr I bell am tv an de TE WHY YOU BELIE !in Paper it necessary): FOR THE POSITION. .ftN c and c IA14 t', c c inp understand information f, consent to the release of this b Drive, ecula, CA -q2313 69@ OR r:kco@8@appfon, 'n ITEI\4 25 APPROVAL CITY ATTORNEY FINANCE OFFICER. CITY YIANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM:City Clerk DATE:November 1 2, 1996 SUBJECT: Community Services Commission Appointment RECOMMENDATION: Appoint a member to serve a full three-year term on the Community Services Commission. BACKGROUND: The expiring term of Commissioner Jeff Comerchero was advertised in accordance with the Council's adopted policy and procedure for making appointments and re- appointments. All applications received were forwarded to the subcommittee composed of Mayor Pro Tem Birdsall and Councilmember Roberts. Both Councilmembers recommend the re-appointment of Jeff Comerchero to serve for a full three year term. Attached are copies of the applications which were received by the filing deadline of October 25,1995. ATTACHMENTS:Copies of Applications for Appointment CITY OF TEMIECULA APPLICATION FOR APPOINTMEENT TO BOARDS, COMMTTEES A7@( ssiol4s Oualirication Requirement: Resident of the: Cit*::6f Timecul@.@@@ C) t,,A (-.5 S 0- BOARD, COMMITTEE OR COMMISSION ON WHICH YOU WISH TO SERVE: NAME: YEARS RESIDENT OF TEMECULA ADDRESS: v/V\ c, @o',i C HOME PHONE: WORK PHONE: 0 o@t @, -3 @ (@114) OCCUPATION: C@c\,k @ 0, P, b -@ @ -@@-2 'W EMPLOYER NAMIE: @@Ac EMEPLOYER ADDRESS: EDUCATIONAL BACKGROUND/DEGREES: LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMNUTTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: O' r- c@ v- cc)-@ @n , @ -@@ c (@ @ , @ I r@) @,\ i c YN r\ ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): ! (-,@ @,t c- u @- o @- -" BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS BOARD OR COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): -\@ -C- I o Y\ (3 cc/'- v@ t i C@ tj6-,,\@ f2-- 0 I understand that any or all information on this form may fie verified. I consent to the release of this information for public information purposes. SIGNATLTRE -CI(IL DATE: PLEASE NOTE: Applications'will be kept on rile for consideration of future vacancies. Return to: City Clerk's Office, 43200 Business Park Drive, Temecula, CA 92590 (909) 694 6444 OR Mail to: P.O. Box 9033, Temecula, CA 92389-9033 r:\conunis\appform CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES AND Quidiri@tion Requirement-. Resident"of the City of @Temecula.,: L lu L.= @L.=]U L BOARD,CO E OR COMMISSION ON WHICH YOU WISH TO SER@ - - --------------------- NAME: YEARS RESIDENT OF TEMECUILA@@ ADDRESS: HOME PHONE: WORK PHONE: OCCUPATION: -d EMPLOYER NAME: EMPLOYER ADDRESS: EDUCATIONAL BACKGROUND/IWGREES: LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS BOARD OR COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): I understand that information for pulglic information purposes. SIGNATURE:DATE: PLEASE NOTE: Applications will be kept on rot f@r consideration of future vacancies. Return to: City Clerk's Office, 43200 Business Park Drive, Temecula, CA 92590 (909) 69@ OR Mail to: P.O. Box 9033, Temecula, CA 923,89-9033 r:@commis\appform or all information on this form may be verified. I consent to the release of this VZEStj4E RITA FI,ANAGAN 'I 9,3 8 0 ('a uly 0 1 1m t'(' 'remect-ila, ('A 92591 909/698-2818 ------------------------------------------------------------------- CAREER, OBJE(',TIVEPursuing an ot'fi..ee I)osili(')t), wl)o is (, ' c-ss orienle(i, nioti.vaLe(l, w[t@h good or-gkiii- national skills, in an ofrice where r-c@ I i @@ t) I I i t y and 1, ii(lep(-ii(le(i t@ wo t-k is exl)ecLe(l. Abi.li,Ly Lo iiieel deadlines, (ise of' Wot,(-IPet-fect and kitowte(lg(- of' offj(-e procedures, will restil.L in higti 1) t.o(-] tic t i v i t,,v . ------------------------------------------------------------------- F,DtfCA'I'iONt,oiig Bc@@t(,It Cl.ty (.ol.lege I.ong Beach, CA I Y(,at-, I)itrt-Lime So(-iology an(] Wot,dPet-t'e(-[ ,'4aiikato St@tte (.,'nlvet,sity ,Iarikato, MN ,3 years, S(,)ci.otogy, minor- btigi isit ------------------------------------------------------------------- SKII@1,S kVor-c]P(-r-t'e(,t , Typing 70 kvpm, itiL(-t,orl'ic(- (-OMMIITII(,atiori, letter composition, (,om- [)Iioties, (,Iilstomer. I'@ix, ------------------------------------------------------------------- liONOf?S & ACTIVUTII@.S Exr)(-t-1cii.(@e witlh Ili(, P'FA, S(,,otiLs, @titcl Brownies. Assisted ifi orgafi@izing ruti(i i-aisl@ig (@v(-tits. Col-legc- ('Iioir- and 'Freastirt@r. Filgh S(-hool Home(-omi.ng At,t(,ii(laiit, S(,Iioc)l Pit[)(-r, Gir-is Athl(@tic Asso(-iation, ('Iioir. ------------------------------------------------------------------- k%'OI?K HIS'FORYKirkttjll Inc. t2O2l kVoo(-Ir,tiff' Av(-. Downey, CA 1,1)87 - Jtily 1989 Aineri(-an Soleno.id Co. , In(-. 3545 h@. l,om[ta Blvd., Stiit,e F Torrance, (A 90505 August, 1983 - -@tigtisL 1986 lloiiiF@yw(-,Il A(-t-otikititi(,al I)i-visl()ii 1400 St,iiisori Blv(]. ,Miiiiieai)ol.is, 'IN Sept(-@iiiber 1964 - Jtjne l@4fi6 ------------------------------------------------------------------- iivailat)le tjl)oti r,e(itiest CITY OF TEM[ECULA APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES ANr) COMMgslol Qualification Requirement: R@ident@@of the City of Temec-utit, Community Services Commission BOARD, COMMITTEE OR COMMISSION ON WHICH YOU WISH TO SERVE: NAME: Michael S. Naggar YEARS RESIDENT OF TEMIECLTLA 4 1/ 2 ADDRESS:43034 Agena St HOME PHONE: 695-0324 WORK PHONE: 619-492-5084 OCCUPATION: Code Enforcement Officer EMPLOYER NAMF,- City Of San Diego EMPLOYER ADDRESS: 9601 Ridgehaven Court San Diego, CA 92123 EDUCATIONAL BACKGROUND/DEGREES: Volunteer for the San Diego Police Dept 2 years Soccor Coach Temecula Valley Soccor Asoc. Ex- Peace Officer and Paid Call Fire Fighter- San Diego and Big Bear Lake respectively LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: None ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): Soccor Coach for the Under Six age group- Temecula Valley Soccor Asoc. Volunteers in Policing-San Diego Police Department Narcotics Division BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS BOARD OR COWESSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): I moved to Temecula in 1992 to raise my family. I have fallen in love with this city and would like to be involved in it's development and planning. I believe I am qualified for the position by virtue of having been employed by various city agencies. I know how a city runs and am able to work with in those parameters. In addition I have spent 12 years in the Real Estate Management and Development field. This has given me a solid understanding of economi@ and a valuable education in common sense. I am currently working as a Code Enforcement Officer and am Familiar with looking up, understanding and applying a host of building, waste, local, and State codes. In addition I have Worked for the City Of Big Bear Lake as a Fire Fighter and have also been a Ranger/Peace Officer for the City of San Diego. I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. SIGNA@- I A @- IM @ DATE* 10/24/96 PLEASE NOTE: Applicatio@wiii be' kept @n ri@ fo@@onsideration of future vacancies. Return to: City Clerk's Office, 43200 Business Park 4rive, Temecula, CA 92590 (909) 694-6444 OR Mail to: P.O. Box 9033, Temecula, CA 92389-9033 r:\comnii,s\appform CITY OF TEMIECULA APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES AND COW .119 196 irication R@irement: Resident of' the 'City of Teniecula@ BOARD, COMNUTTEE OR COMMISSION ON WHICH YOU WISH TO SERVE: COMMUNITY SERVICES COMMISSION NAMIE: RICHARD B. ALLING YEARS RESIDENT OF TEMECULA 4 ADDRESS:29733 NIGHTVIEW CIRCLE, TEMECULA, CA. 92591 HOME PHONE: (909) 693-9950 WORK PHONE: (619) 490-6800 OCCUPATION: CONSTRUCTION MANAGER / SENIOR ESTIMATOR EMPLOYER NAME. NINTEMAN CONSTRUCTION COMPANY, INC. EMPLOYER ADDRESS: 4375 JUTLAND DRIVE, #200, SAN DIEGO, CA. 92591 EDUCATIONAL BACKGROUNI)/DEGRFES: SEE ATTACHED LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): T.V.S.A. - MANAGER BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS BOARD OR CONMSSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): SEE ATTACHED ASSOCIATED GENERAL CONTRACTORS - SAN DIEGO, CA. WILDOMAR / ELSINORE LITTLE LEAGUE MANAGER LAKE ELSINORE SOCCER ASSOCIATION COACH I understand that any or all information on this form may be verified. I consent to the release of this information for public informa 'Oop pu rposes. SIGNA'nJRF,;,--@ PATE* OCTOBER 24, 1996 PLEASE NOTE: APP[4tions wkept on rile for consideration of future vacancies. Return to: City Clerk's Office,@3200 Business Park Drive, Temecula, CA 92590 (909) 694-6444 OR Mail to: P.O. Box 9033, Temecula, CA 92389-9033 r:\comFnis\appform PtAt' ATTACHMENT TO "PLICATION CITY OF TEMECULA I believe it's every citizen's duty to improve the society that we five. This duty is not only to better our lives, but that of our children and neighbors. I am currently working with children in community sports. As manager of both Little League Baseball and soccer, I try to improve their minds and bodies. To be fit in today's world, you must be able to adapt to change, know how to win and to lose. In each case you should aspire to do your best, and to improve from what you have learned. This is what I teach the kids and this is what I believe. My professional background is in business. The budget constraints that we now face, require that people involved in public service have a working knowledge of fiscal responsibility. I have that knowledge. Temecula has great opportunities along with some distinctive challenges. I believe I have the knowledge, education and common sense to help maximize our cities opportunities, and to mitigate the hazards. "Bl' ATTACHMENT TO APPLICATION CITY OF TEMECULA B.Sc. Degree -- Construction Management California State University, Lona Beach c A.A. Degree -- Architectural Technology Fullerton College Urban Planning Courses California Polytechnic University, Pomona Continuing Education Courses -- Construction University of California, San Diecro Marketing Management Courses (4 units short of A.A. Degree) Orange Coast College Continuing Education Courses Finance, Management, Law, Accounting, Computer Software Ninteman Educational Certification Program CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES AND /,7- BOARD, COMMITTTE OR COMMISSION ON WHICH YOU WISH TO SERV NAME:- 7/@ YEARS RESIDENT OFY)TEMECUL@ ADDRESS: HOME PION WORK PHONE: OCCUPATION: EMPLOYER/ADDRES9: EDUCATIONAL BACKGROUND/DEGREES: LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR OF SERVICE: ORGANIZATIONS TO WHICH Y'bU BELONG: (Professional, technical, community, service): BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS BOARD OR COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): VI, I? Iq CZ I understand that any or all information@@on this form may be verified. I consent to the release of this information for publicity ses, SIGNATUF DATE: NOTE:Applications will be kept on file for consideration of future vacancies. Return to:,. Office, 43174 Business Park Drive, Temecula, CA 92390 (714) 694-1989 2/forms/COM-001 CITY OF TEMIECULA APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES AND @@Qualirication Recluirement: Resident of the City of @Temecula.,:@:. BOARD, COMMITTEE OR COMMISSION ON WHICH YOU WISH TO SERVE: NAMIE: YEARS RESIDENT OF TEMECULA ADDRESS: L 17 HOMEPHONE: WORK PHONE: OCCUPATION: EMPLOYER NAME: L EMEPLOYER ADDRESS: EDUCATIONAL BACKGROUND/DEGREES: LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR(S) OF SERVICE: ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS BOARD OR COMMSSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. SIGNATURE DATEs PLEASE NOTE: Applications will $e kept on rile for consideration of future vacancies. Return to: City Clerk's Office, 43200 Business Park Drive, Temecula, CA 92590 (909) 694-6444 OR Mail to: P.O. Box 9033, Temecula, CA 92389-9033 r:\conunia\appforTn