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051193 CC Agenda
AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING TEMECULA COMMUNITY CENTER - 28816 PUJOL STREET MAY 11, 1993 - 7:00 PM At approximately 9:45 PM, the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 PM and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 PM EXECUTIVE SES~I:ON: 5:30: Closed 'Session of the City Council pursuant to GoVernment Code Section 54956.9 (b) regarding potential litigation. Next in Order: Ordinance: No. 93-11 Resolution: No. 93-33 CALL TO ORDER: Invocation Mayor J. 'Sal Muf~oz presiding Pastor James Field, First Baptist Church Flag Salute Mayor Pro Tem Roberts ROLL CALL: PRESENTATIONS/ PROCLAMATIONS PUBLIC FORUM Birdsall, Parks, Roberts, Stone, Mu~oz Water Awareness Month Bicycle Safety Essay Contest - 6th and 7th Graders Transit Appreciation Day This is a portion of the City Council meeting unique to the City of Temecula. At the meeting held on the second Tuesday of each month, the City Council will devote a period of time (not to exceed 30 minutes) for the purpose of providing the public with an opportunity to discuss topics of interest with the Council. The members of the City Council will respond to questions and may give direction to City staff. The Council is prohibited, by the provisions of the Brown Act, from taking any official action on any matter which is not on the agenda. If you desire to speak on any matter which is n_0j; listed on the agenda, a pink "Request to Speak" form should be filled out and filed with the City Clerk. /---~ 21agerids/061193 1 06/06/93 For all other agenda items a "Request to Speak" form must be filed with the City Clerk befor~ the Council gets to that item. There is a five (5) minute time limit for individual speakers. NOTICE TO THF 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. CONSENT CALENDAR Standard Ordinance Adoorion Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 2.2 2.3 2.4 2.5 Approve the minutes of March 30, 1993; Approve the minutes of April 6, 1993; Approve the minutes of April 13, 1993; Approve the minutes of April 19, 1993; Approve the minutes of April 20, 1993. 3 Resolution ADOrOvinQ LiSt Of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 2 06/06/13 21l~efldNO61113 ~ 4 City Treasurer's ReDOR RECOMMENDATION: 4.1 Receive and file the City Treasurer's report as of March 31, 1993. 5 ADorove Records Destruction Schedule RECOMMENDATION: 5.1 Approve scheduled destruction of certain records as provided under the City of Temecula approved Records Retention Policy. 6 Resolution Reconfirmina Local. Emergency RECOMMENDATION: ,- 6.1 Adopt a resolution entitled: RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECONFIRMING THE EXISTENCE OF A LOCAL EMERGENCY 7 Fourth Amendment to the Joint Powers Agreement Creatina the Riverside County Habitat Conservation Aaencv RECOMMENDATION: 7.1 Approve an amendment to Section 3.7.4 of the Joint Powers Agreement creating the Riverside County Habitat Conservation Agency (the "Agreement) and authorize the Mayor to sign the amended agreement. 8 2/IQenda/061193 Establishment of a Second Deferred Comoensation Plan Option RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A DEFERRED COMPENSATION PLAN 3 06R)6,'93 9 10 Award of Professional Services Contracts for Civil Enaineering. Land Surveying, Structural Engineering. and Soils Testina - Liefer Road Crossing (PW 93-0.9) RECOMMENDATION: 9.1 Approve an operating transfer from the General Fund to the Capital Improvement Fund in the amount of $25,267 (including 10% contingency) for the design and construction of the Liefer Road Crossing, Project Number PW 93-02. 9.2 Award a Professional Services Contract to NBS/Lowry for Civil Engineering Services in the amount of $10,720 and authorize the Mayor and City Clerk to execute the agreements. 9.3 Award a Professional Services Contract to NBS/Lowry for construction staking services in the amount of $700 and authorize the Mayor and City Clerk to execute the agreements. 9.4 Award a Professional Services Contract to Leighton and Associates for sbils testing and observation in the amount of $7,300 and authorize the Mayor and City Clerk to execute the agreements. 9.5 Award a Professional Services Contract to McDaniel Engineering for structural engineering services in the amount of $4,250 and authorize the Mayor and City Clerk to execute the agreements. Award of Contract - Special Counsel RECOMMENDATION: 10.1 The staff report on this item will be forwarded under separate cover. 11 Second Reading of Ordinance No. 93-09 - Establishinq Reeulations for Use of Outdoor Advertisina DisPlays RECOMMENDATION: 11.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 93-09' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTAB- LISHING REGULATIONS FOR USE OF OUTDOOR ADVERTISING DISPLAYS 21eOendW061193 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. 12 Change of Zone No. 23 - Safa Muhtaseo RECOMMENDATION: 12.1 Adopt a Negative Declaration for Change of Zone No. 23. 12.2 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 93- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP OF THE CITY FOR THE CHANGE OF ZONE APPLICATION CONTAINED IN CHANGE OF ZONE NO. 23, CHANGING THE ZONE FROM R-3-4,000 (GENERAL RESIDENTIAL) TO C-0 (COMMERCIAL OFFICE) ON PROPERTY LOCATED ON THE SOUTH SIDE OF RANCHO CALIFORNIA ROAD, APPROXIMATELY 450 FEET EAST OF THE INTERSECTION OF VIA' LAS COLINAS AND RANCHO CALIFORNIA ROAD KNOWN AS ASSESSOR'S PARCEL NO. 944-290-009. 13 Development Processina Fees RECOMMENDATION: 13.1 Conduct a public hearing to review proposed development processing fees. 13.2 Adopt a resolution entitled: RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A DEVELOPMENT PROCESSING FEE STRUCTURE FOR PLANNING, ENGINEERING AND BUILDING SAFETY SERVICES AND REPEALING RESOLUTION NO. 90-81 ,-,--- 2/agendN061183 6 06/06/93 14 Redevelooment Assistance for Construction and Exoansion - WalMart Project RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONSENTING TO THE EXPENDITURE OF TAX INCREMENT FUNDS BY THE TEMECULA REDEVELOPMENT AGENCY TO PROVIDE ASSISTANCE FOR THE CONSTRUCTION OF A WAL-MART DEPARTMENT STORE AT THE CORNER OF YNEZ AND WINCHESTER ROADS 15 Redevelooment Assistance for Construction and Exoansion - Professional Hosoital RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE TEMECULA REDEVELOPMENT AGENCY LENDING FUNDS TO ASSIST PROFESSIONAL HOSPITAL SUPPLY, INC., AMERICAN MATERIAL MANAGEMENT ALLIANCE,INC., MEDICAL DESIGN CONCEPT, INC., AND JOHN HOFFEE IN EXPANDING INTO TWO MEDICAL DEVICES SUPPLY FACILITIES IN THE CRYSTAL RIDGE BUSINESS PARK 16 RedeveloDment Assistance - ODerating Fund Loan - Quicksilver RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE REDEVELOPMENT AGENCY LENDING $60,000 TO QUICKSILVER ENTERPRISES, INC., TO RESTORE FACILITIES DESTROYED BY THE JANUARY, 1993 FLOODS 21eee~lNO61163 6 011/06/83 COUNCIL BUSINESS 17 Second Readino of Ordinance No. 93-10 -Addino Sections to Graffiti Ordinance RECOMMENDATION: 17.1 Read by title only and adopt an ordinance entitled: ·' ORDINANCE NO. 93-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTIONS 6.14.304 THROUGH 6.14.308, INCLUSIVE, TO CHAPTER 6.14 OF THE TEMECULA MUNICIPAL CODE RELATING TO GRAFFITI 18 Ordinance Amendina Park and Recreational Facility OPeration Policies and ReQulations - Smokino Policy for City Parks and Recreational Facilities -_ RECOMMENDATION:. 18.1 Read by title only and introduce an Ordinance entitled: ORDINANCE NO. 93- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING ORDINANCE NO. 91-37, SETTING FORTH PARK AND RECREATIONAL FACILITY OPERATIONAL POLICIES AND REGULATIONS 19 Enabling Ordinance - Adootion of Develooment Imoact Fees RECOMMENDATION: ~ 19.1 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 93- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING DEVELOPMENT IMPACT FEE REQUIREMENTS FOR CAPITAL IMPROVEMENT PROJECTS AND FACILITIES AND AMENDING THE TEMECULA MUNICIPAL CODE AND REPEALING ORDINANCE NO. 659 OF THE COUNTY OF RIVERSIDE AS ADOPTED BY REFERENCE BY THE CITY OF TEMECULA 21aeende/O61193 7 06/06/93 20 Consideration of Emolover/Emolovee Resolution RECOMMENDATION: 20.1 Adopt a resolution entitled: RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA IMPLEMENTING EMPLOYER-EMPLOYEE ORGANIZATIONSRELATIONS POLICY CITY MANAGER REPORT CITY ATTORNEY REPORT CITY COUNCIL REPORTS ADJOURNMENT -' City Council Workshop: May 13, 1993, 6:00 PM, Assessment Districts 159 and 161 - City Hall, Main Conference Room, 43174 Business Park Drive, Temecula, California. Adjourned meeting: May 18, 1993, 7:00 PM, General Plan Public Hearing, Temecula Community Center, 28816 Pujol Street, Temecula, California Next regular meeting: May 25, 1993, Temecula Community Center, 28816 Pujol Street, Temecula, California 21agefide/061193 8 06/06/93 TEMECULA COMMUNITY SERVICES DISTRICT MEFTING - Fro be held at 8:00) CALL TO ORDER: President Patricia H. Birdsall ROLL CALL: PUBLIC COMMENT: DIRECTORS: Mufloz, Parks, Roberts, Stone, Birdsall 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 I Minutes RECOMMENDATION: ,- 1.1 Approve the minutes of April 13, 1993. 2 Aoreement and'Bonds to Imorove Neiohborhood Park Site - Van Daele Develooment Corporation RECOMMENDATION: 2.1 Approve an agreement and accept surety bonds provided by the developer to improve the neighborhood park within Tract No. 22627-0, Van Daele Development Corporation. 3 Aqreement and Bonds to Imorove Neiqhborhood Park Site - Presley Comoanies of San DieaO RECOMMENDATION: 3.1 Approve an agreement and accept surety bonds to improve a 9.2 ace neighborhood park within Tract 23267-2 and allow the developer to obtain an additional fifty-two (52) building permits. ~ 2teeendN061183 9 06/06/13 4 Landscape Maintenance Contract ADDrOvalS RECOMMENDATION: 4.1 Award contracts to Fallbrook Landscape, Excel Landscape, California Landscape, Accurate landscape and Pro-Scape, Inc. to provide landscape maintenance services for the Temecula Community Services District for FY 1993-94. GENERAL MANAGERS REPORT - Dixon DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson BOARD OF DIRECTORS REPORTS ADJOURNMENT: Next regular meeting May 25, 1993, 8:00 PM, Temecula Community Center, 28816 Pujol Street, Temecula, California 21eeendN0611 il3 10 06/06,'13 TEMFCULA Rt:DEV;LOPMENT AG;NCY MEETING CALL TO ORDER: Chairperson Ronald J. Parks presiding ROLL CALL: AGENCY MEMBERS: Birdsall, Muf~oz, Roberts, Stone, Parks PUBLIC COMMENT: AGENCY BUSINESS Anyone wishing to address the Agency, 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. Minutes RECOMMENDATION: 1.1 Approve the minutes of April 13, 1992. 2 Economics Research Associates (ERA Labor Force Study) RECOMMENDATION: 2.1 Report and Recommendation to be transmitted under separate cover. 3 Development and Disposition Agreement -Wal Mart Deoartment Store RECOMMENDATION: 3.1 Approve the Development and Disposition Agreement between the Agency, KRDC, Inc., and WaI-Mart, and authorize the Agency Chairman to execute the same. 4 Development and Disposition Aareement - Professional Hosoital Suoolv RECOMMENDATION: 4.1 Approve the Development and Disposition Agreement between the Agency and Professional Hospital Supply, et.al., and authorize the Agency Chairman to execute the same. 2/aOet~N061193 11 06/06/93 5 Loan to nuicksilver Enterprise, Inc. RECOMMENDATION: 5.1 Approve a 860,000 loan to Quicksilver Enterprises, Inc., and authorize the Agency President to execute the attached Agreement in substantially the form presented, subject to approval of the Agency Executive Director and General Counsel as to the final form of the Agreement. 6 ' Low Interest Loan/Business Incentive Program (Continued from the meeting of April 13, 1993) RECOMMENDATION: 6.1 Review the Small Business Incentive Loan Program and authorize the Agency to implement the program, subject to Agency approval of individual loans on a case by case basis. EXECUTIVE DIRECTOR'$ REPORT AGENCY MEMBER'S REPORTS ADJOURNMENT: Next regular meeting May 25, 1993, 8:00 PM, Temecula Community Center, 28816 Pujol Street, Temecula, California 21egerdal0611 B3 12 06/08/93 PROCLAMATIONS The City of Temecula PROCLAMATION WHEREAS, Water Awareness Month is designed to raise the public's understanding of water distribution, quality and conservation, and to instill the importance of wise water use; and WHEREAS, it is incumbent on all citizens to be aware of water issues so that they may make informed decisions regarding the management of our precious water resources; and WHEREAS, the State of California is a water sensitive area where public education on conservation practices and the r01e each citizen plays in the availability, quality and future supply of water is increasingly important; and' WHEREAS, F_~tem Municipal Water District, the Association of California Water Agencies, the California State Department of Water Resources and the California Water Awareness Committee encourage residents, members of the business community, service clubs, schools and all citizens to become water aware; and WHEREAS, the City of Temecula recognizes the necessity for the public to continue to practice water conservation, NOW, THEREFORE, I, J. Sat Mu~oz, on behalf of the City Council of the City of Temecula, hereby proclaim the month of May, 1993 to be "WATER AWARENESS AND NATIONAL DRINKING WATER MONTH" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this 1 lth day of May, 1993. J. Sat Mu~oz, Mayor June S. Greek, City Clerk The City of Temecula PROCLAMATION WHEREAS, the Nation is celebrating National Transportation Week from May 17 - 21, 1993; and WIIEREAS, transit is a vital component of the fabric of society both nationally and in Temecula; and WIIEREA$, transit helps conserve energy, reduce pollution and relieve congestion in the community; and WHEREAS, transit provides mobility for all, including the young, old, disabled and poor who depend upon;it; and WHEREAS, the Riverside Transit Agency is providing safe, clean, efficient and effective service to the people of Temecula, NOW, TIIEREFORE, I, J. Sat Mu~oz, on behalf of the City Council of the City of Temecula, hereby call upon all citizens to recognize the vita role of transit in this community and proclaim May 19, 1993 to be "TRANSIT APPRECIATION DAY" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this 1 lth day of May, 1993. J. Sal Mu~oz, Mayor June S. Greek, City Clerk ITEM ITEM NO. 2 MINUTES OF A TEMECULA CITY COUNCIL SPECIAL JOINT WORKSHOP WITH THE CITY COUNCIL OF THE CITY OF MURRIETA TUESDAY, MARCH 30, 1993 A special joint workshop with the City Council of the City of Temecula and the City Council of the City of Murrieta was called to order on Tuesday, March 30, 1993, at 7:00 P.M., in the Temecula City Hall Main Conference Room, 43! 74 Business Park Drive, Temecula, California. The meeting was called to order by Temecula Mayor J. Sal Muffoz. Murrieta Mayor Joe Peery led the flag salute. PRESENT: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Mufioz PRESENT: 5 COUNCILMEMBERS: Allen, Smith, Walsh, VanHaaster, Peery ABSENT: 0 COUNCILMEMBERS: None Also present were AssiStant City Attorney for the City of Temecula John Cavanaugh, Deputy City Attorney for the City of Murrieta Naomi Silverglide, Temecula Assistant City Manager Woody Edvalson, Murrieta City Manager Jack Smith, Temecula City Clerk June S. Greek and Murrieta City Clerk Kay Vinson. PRESENTATIONS/ PROCLAMATIONS None PUBLIC COMMENTS John Bell, of Hudson Respiratory Care, 27711 Diaz Road, Temecula, advised that he has studied the County Flood Control Plan and feels it is a very good plan and asked for the City of Temecula and the City of Murrieta's support of the County Flood Control Plan. Mr. Bell stated that he has discussed the situation with members of Congress and they have told him that they would like to move ahead with the County plan, however they need to get comments from both Cities on the plan. David L. Bartlett, of Hudson Respiratory Care, 277111 Diaz Road, Temecula, asked for the Councils support of the County Flood Control Plan. Mr. Bartlett stated that it is impossible to do any long range planning for his company with the Murrieta Creek as it currently exists. Henry Johnson, 25848 Hayes, Murrieta, advised the Councils that he has submitted drawings to County Supervisor Bob Buster which address the need for a north/south corridor, which would run along the creek from Temecula to Lake Elsinore. ~ JNTT/MCCMIN3/30/93 -1 - 4/5193 JOINT TEMECULAIMURRIETA CITY COUNCIL MINUTES MARCH 30, 1993 Mayor Mu~oz asked Mr. Johnson to submit a copy of his design plan to the two cities for review. Dick Ha!l, Del Rio Road, Temecula, asked that the two Councils support the County Flood Control Plan, so that the County can proceed with obtaining the permit and detailed design. NEW BUSINESS 1. Sales Tax Sharinq Aareement Assistant City Manager Woody Edvalson presented the staff report. Deputy City Attorney Naomi Silverglide distributed the Draft Sales Tax Sharing Agreement to the Councilmembers and advised that Paragraph 4 will be amended to read "any business proposed to be located in the Murrieta Springs Mall". Mayor Mu~oz stated that the agreement is not in final form and there are a number of details that still need to be worked out, however, the objective of the two Councils is to show that each will no longer compete with the other for big box users. Councilmember Parks expressed opposition to the agreement and suggested that the two Councils agree not to compete rather than entering into a formal sales tax sharing agreement. Mayor Peery stated that he was in support of the proposal by Mayor Muffoz. Councilmember Birdsall suggested that the two City Councils could agree not to compete, without an agreement to share sales tax. Councilmember Birdsall added that she is concerned with expending money to go to the public for a vote on the agreement. Councilmember Stone stated he would much rather share sales tax with a participating City, than give the money to a large corporation to get them to come to Temecula. Councilmember Stone stated that he feels the agreement should also cover other incentives. Councilmember Gary Smith suggested that the big box user could play the cities against each other for other incentives such as: road improvements, flood control, etc. Councilmember Parks stated that he strongly opposed the elimination of sales tax rebates as a bargaining tool. Councilmember Allen stated that he is not comfortable with an agreement to share sales tax, however would support an agreement not to compete. JN'I'rlMCCMIN3130193 -2- 4/5193 JOINT TEMECULAIMURRIETA CITY COUNCIL MINUTES MARCH 30, 1993 Councilmember VanHaaster suggested that an agreement not to compete be considered and should one of the participating cities not abide by the agreement, the sales tax sharing would take effect. Councilmember Walsh stated that he sees validity to the concerns expressed by Councilmember Parks, however he feels that the agreement has validity as well. Mayor Pro Tem Roberts stated that he feels the agreement needs some additional work, but it offers a very innovative solution to the problem. Deputy City Attorney Naomi Silverglide advised that the proposed agreement had been revised to concur with the agreement approved by the City of Temecula City Council by the addition of Paragraph 3 and revised Paragraph 4. Assistant City Manager Woody Edvalson clarified that the way the resolution reads and has been adopted by the two Councils it would require a vote of the electoral. If that is not the intent of the Councils, then both Councils will have to agree to amend the resolution as it ~elates to requiring a vote. Assistant City Attorney John Cavanaugh stated that if both Councils are considering this Resolution as an agreement to agree, there are some areas in the agreement that should be addressed by both Councils rather than as a detail for staff to work out. It was moved by Councilmember Walsh, seconded by Councilmember Allen to adopt a Resolution of the City of Murrieta City Council declaring its intent to enter into a sales tax sharing agreement with the City of Temecula. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Allen, Smith, Walsh, VanHaaster, Peery NOES: 0 COUNCILMEMBERS: None Mayor Mu~oz declared a recess at 8:30 P.M. The meeting reconvened at 9:50 P.M. Discussion of Annexation Based on Contiguous City Boundaries City Manager Jack Smith presented the staff report. Councilmember Birdsall stated that during the LAFCO hearings on the Sphere of Influence it was expressed that putting a dividing line down the center of a road causes enforcement problems for the police departments. JNTTIMCCMIN3130193 -3- 4/5/93 JOINT TEMECULAIMURRIETA CITY COUNCIL MINUTES MARCH 30, 1993 Mayor Pro Tem Roberrs stated that he feels a curbline boundary would cause more problems. Assistant City Manager Woody Edvalson stated that the Temecula Unified School District has requested that the school district boundaries be co-terminus with the sphere of influence. Mayor Mur~oz opened the public hearing at 9:05 A.M. Ann Borel, 37623 Leon Road, Murrieta, representing the Borel Family and the Borel Ranch, which owns three-quarters of a mile on the west side of the dividing line and two miles frontage road on the east side of the dividing line, advised that the Borel family, does not plan to become a part of the City of Temecula or the City of Murrieta. She added that there are several property owners in the French Valley area that do not want to be annexed into either City. It was moved by Murrieta Mayor Peery, seconded by Commissioner Walsh and Temecula Mayor-Pro Tem Roberts, seconded by Commissioner Stone to direct staff to draft a resolution of intent that the City Councils of each City will abide by the LAFCO decision on the common boundaries of the sphere of influence for each City and will not accept annexation requests from within the sphere of the neighboring City. Further that the intent is to make the school district boundaries co-terminus with the City boundaries. The motion carried as follows:' City of Murrieta AYES: 5 COUNCILMEMBERS: Allen, Smith, Walsh, VanHaaster, Peery NOES: 0 COUNCILMEMBERS: None City of Temecula AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Mu~oz NOES: 0 COUNCILMEMBERS: None Prioritization of Goals of the Joint Temecula/Murrieta Traffic and Transportation Committee RuthAnn Taylor-Berger presented the staff report outlining the priority list of the Goals of the Joint Temecula/Murrieta Traffic and Transportation Committee as follows: JNTTIMCCMIN3130193 ,.4- 4/5/93 JOINT TEMECULAIMURRIETA CITY COUNCIL MINUTES MARCH 30, 1993 2. 3. 4. 5. .6. 7. Interchange Study Joint Application for State/Federal Transportation Funds; Cost Sharing General Plan Consultant Western Corridor Alternative modes of transportation, including light rail Truck traffic Joint input to County of Riverside on Development Proposal in unincorporated areas that affect the Cities. TDM/TSM Programs It was moved by Temecula Councilmember Parks, seconded by Mayor Pro Tem Roberrs and Murrieta Councilmember Allen, seconded by Councilmember Smith to approve the committee recommendation for prioritized goals of the Joint Temecula/Murrieta Traffic and Transportation Committee. The motion carried as follows: ' Citv of Temecul~ AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Mur~oz NOES: 0 COUNCILMEMBERS: None City of Murrieta AYES: 5 COUNCILMEMBERS: Allen, Smith, Walsh, VanHaaster, Peery NOES: 0 COUNCILMEMBERS: None 4. . I-15 InterchanQe Study - Action Plan/Contract RuthAnn Taylor-Berger presented the staff report outlining the recommendation by the Temecula/Murrieta Transportation Committee for the 1-15 Corridor Program Management Proposal. It was moved by Temecula Mayor Pro Tem Roberrs, seconded by Councilmember Stone and Murrieta Councilmember Walsh, seconded by Councilmember Smith to authorize the Director of Public Works to continue to pursue and negotiate the grant of planning funds from WRCOG and RCTC, and to return to the City Council with a report and recommendation for appropriate action regarding acceptance of any grant funds; approve the contract with NBS/Lowry subject to City Attorney approval as to form and subject to receiving the appropriate grant from WRCOG; and, authorize the Director of Public Works to issue a Task Order to NBS/Lowry under the terms of the JNTF/MCCMIN3/30/93 -6.- 4/6/93 JOINT TEMECULAIMURRIETA CITY COUNCIL MINUTES MARCH 30. 1993 above contract for the purposes of assisting the DPW and Joint Transportation Committee in the pursuit of the grant from WRCOG. The amount of this Task Order shall not exceed $1,500 from each city. The motion carried as follows: City of Temecula AYES: 5 COUNCILMEMBERS: NOES: 0 City of Murrieta AYES: 5 NOES: 0 Birdsall, Parks, Roberts, Stone, Mu~oz COUNCILMEMBERS: None COUNCILMEMBERS: Allen, Smith, Walsh, VanHaaster, Peery COUNCILMEMBERS: None CITY MANAGERS REPORT Murrieta City Manager Jack Smith advised that the Murrieta City Council will be considering a Smoking Restriction Ordinance using the League of California Cities model ordinance at the April 6, 1993. City Council meeting. Murrieta City Manager Jack Smith stated that he would like to see all the cities in Southwestern Riverside county consider a similar ordinance. He added that the Murrieta City Council would also be considering a Spray Can Ordinance. Councilmember Parks suggested that the Smoking Restriction Ordinance be submitted to WRCOG to organize a regional approach. Mayor. Mu~oz asked that a copy of the Murrieta Smoking Restriction Ordinance be provided to Temecula. CITY ATTORNEY REPORTS None CITY COUNCIL REPORTS Councilmember Birdsall questioned if the April 6, 1993 meeting scheduled by Supervisor Buster on the County Flood Control Plan had been changed. JNTTIMCCMIN3130193 -6, 4,'5193 JOINT TEMECULAIMURRIETA CITY COUNCIL MINUTES MARCH 30,1993 Mayor Mu~oz advised that the date could not be changed by County Supervisor Bob Buster, however, they stated the more significant meeting was later in April. Councilmember Birdsall distributed information regarding AB 193 and asked for Council support from both Cities be sent to state representatives. Councilmember Stone advised that he had a meeting today with the ToughLove and Operation Safe House organizations and he has been asked to coordinate some efforts with the City of Murrieta and the City of Lake Elsinore to meet in June and asked for a representative from the Murrieta City Council and the Murrieta Chief of Police. Mayor Mu~oz stated that if there are other areas that the Murrieta City Council feels that the two cities can assist in or share facilities, the Temecula City Council would like to hear them. ADJOURNMENT It was moved by Maydr Pro Tem Roberts, seconded by Councilmember Stone to adjourn at 9:40 P.M. to a meeting on April 6, 1993 at Vail Elementary School, 29915 Mira Loma Drive, Temecula, for the purpose of holding a Public Hearing on Land Use, Housing, Community Design and Open Space/Conservation Elements of the General Plan. It was moved by Councilmember Allen, seconded by Councilmember Walsh to adjourn at 9:40 P.M. to a meeting on April 6, 1993 at City of Murrieta Council Chambers, Murrieta City Hall, 26442 Beckman Court, Murrieta, California. Mayor J. Sal Mur~oz Secretary JNTTIMCCMIN3130193 -7- 415/93 MINUTES OF AN ADJOURNED MEETING OF THE TEMECULA CITY COUNCIL HELD APRIL 6, 1993 An adjourned meeting of the Temecula City Council was called to order at 7:06 PM at the Vail Elementary School, 29915 Mira Loma Drive, Temacula, California. Mayor J. Sal Mur~oz presiding. PRESENT 5 COUNCILMEMBERS: Birdsall, Parks, Roberrs, Stone, Muftoz ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager David F. Dixon, Assistant City Attorney John E. Cavanaugh, and City Clerk June S. Greek. INVOCATION : The invocation was given by Connie Thompson. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Councilmember Birdsall. PUBLIC COMMENTS Connie Thompson, 40925 Alton Court, spoke regarding a problem the residents of the Mirada Homes Tract are having with construction defects in their homes. Dale Wooding, 40979 Alton Court, addressed the Council regarding the problems with water leaks in his home at the Mirada tract, built by Morrison Homes. He requested that the City withhold the final inspections or occupancy on the final units of this development until the residents problems are corrected. Beryl Wooding, 40979 Alton Court, further outlined the problems her family has had with getting proper repairs made by Morrison Homes. Assistant City Attorney John Cavanaugh advised that the City does not have any obvious recourse in this matter unless building code violations exist. He stated that in the event there are code violations, the present owners of the property are considered to be in violation. Minutes :4%06%93 -1 - 04/13/93 Council Minutes ADril 6. 1993 Mayor Muftoz asked if the City Attorney can explore options that may be available to the City in this matter. The City Council by consensus directed the City Attorney to look into any remedies available to the City of Temecula. COUNCIL BUSINESS Consideration of Allocation of Funds for Temecula Valley Film Commission Mayor Mufioz explained his reasons for placing this matter on the Council agenda and asked the following individuals to address the Council. Chris Williams, whose business address is 41689 Enterprise Circle North, spoke in favor of the City allocating funds for preparation of a production guide to be used by the Temeculs Valley Film Commission. Marcy DiMase, 30425 Del Rey Road, requested favorable consideration of funding of the Temecula Valley .Film Commission's production guide and she outlined and displayed examples of the various styles of production guides Currently being utilized in other areas. Other speakers in favor of 'the City funding the production guide were: Joan Tussing, 28165 Front Street, Temecula Bonnie Reed, 42050 Main Street, Temecula William Harker, 31130-85 So. General Kearny Road, Temecula John Hunneman, 27645 Jefferson Avenue, Suite 104A, Temecula. City Manager Dixon said that while staff supports the promotional program of the film commission he is concerned regarding the exclusion of businesses who do not choose to pay for an ad or listing in the production guide. 'He outlined the funds remaining in the City's promotional budget for FY 92-93· Councilmember Birdsall asked if a method could be developed to assure that all business within the City who would wish to be included in the production guide might be listed without having to pay for that listing. She stated that use of public funds to produce this guide may not be appropriate if businesses can be excluded based on an inability or unwillingness to pay for having their services listed. It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Stone to approve an allocation of $12,000 to the Temecula Valley Film Commission for the preparation of a Production Guide to be funded from the City's Promotional Program. The motion was unanimously carried. Minutes 4~6\93 -2- O4/13/93 City Council Minutes April 6, 1993 RECESS Mayor Mufioz declared a recess at 8:20 PM. The meeting was reconvened at 8:30 PM with all members present. e Murrieta Creek Flood Control Project: Section 404(b)1 Alternative Analysis Councilmember Parks stated that the comment and review period for the 404 permit by the Army Corps of Engineers will be concluded on April 1 O, 1993. He stated that because of the impending close of the period to provide comments, he would recommend that the Council establish a position regarding the need to proceed with issuance of this permit. Kathleen Hamilton, 42626 De Luz Road, representing URGE, the Union for River Greenbelt Enviro. nment, stated that URGE does not wish to hold up issuance of the 404 permit but that they do favor recreational uses of the Murrieta Creek that also support flood control. In response to a question from Councilmember Parks she said the URGE plan (preliminary draft) has not been reviewed by the Riverside County Flood Control District. Pat Keller, 39201 Salinas Drive, Murrieta, representing URGE spoke in favor of the City Council looking at the URGE plan before any action is taken to endorse the County Flood Control District program. Larry Markham, 41750 Winchester Road, Suite N, encouraged the City Council to move forward with the plan developed by the Riverside County Flood Control District. He stated that he represents a coalition of businesses, located within the flood control area, who have suffered over $100,000 in damages as a result of the recent flooding. Councilmember Stone asked if delaying a decision on endorsing a plan at this meeting will jeopardize anything. Mr. Markham responded that an endorsement from the City Council at this time will assist the permit approval to be granted in a timely fashion. Frank Spencer, 28690 Front Street, spoke in opposition to delaying the implementation of the County Flood Control plan. Bonnie Reed, 42050 Main Street, spoke regarding the need to provide flood control and protection to the residents and merchants of Old Town Temecula at this time. John Moromarco, P.O. Box 906, spoke in favor of expediting a flood control solution in the Murrieta Creek based on the history of flooding that has taken place during the past 20 years. Minutes 4\06%93 -3- 04113/93 City Council Minutes ADH16.1993 RECESS A brief recess was declared by the Mayor to allow a change of tape at 9:18 PM. The meeting was reconvened at 9:19 PM. It was moved by Councilmember Parks, seconded by Councilmember Birdsall to approve the County Plan in concept and request that the Riverside County Flood Control District be directed to look at the URGE proposal during the review period prior to the Corps of Engineers hearing. Councilmember Stone suggested an amendment to the motion to state that the URGE plan should be reviewed first to compare its merits with the Flood Control District plan. The amendment did not receive a second. The motion failed by the following roll call vote: AYES: 2 COUNCILMEMBERS: Birdsall, Parks NOES: 3- COUNCILMEMBERS: Roberrs, Stone, Mur~oz ABSENT: 0 COUNCILMEMBERS: None Mayor Mufioz suggested that a presentation of the URGE proposed plan and the Riverside County Flood Control Plan be scheduled. It was moved by Councilmember Parks, seconded by Councilmember Birdsall to instruct City staff to impartially review the URGE plan and to solicit the expertise of the Riverside County Flood Control District during this review. It was further directed that staff schedule a presentation of the URGE and Riverside County Flood Control Plans for review by the City Council at the first available date after completion of the review. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Birdsall, Parks, Roberts, Muftoz NOES: I COUNCILMEMBERS: Stone ABSENT: 0 COUNCILMEMBERS: None Councilmember Stone explained that he voted "nO" because he feels the Temecula City Council should have requested that the comment period on the 404 permit be extended beyond the April 1 O, 1993 deadline for an additional 30 days. Minutes 4%06%93 -4- 04113/93 City Council Minutes April 6, 1993 e City of Temecula Gener01 Plan, Implementation Proaram, Environmental Imoact RePort and Mitigation 'Monitorino ProQram Senior Planner John Meyer presented the staff report on the Housing Element of the General Plan. Councilmember Birdsall left the dias at 9:39 PM. Councilmember Parks questioned if the City meets the HUD criteria for low and moderate housing with this element. Karen Gulley, of the Planning Center, stated that their review shows that there is still a need for additional units in the low and moderate categories. Councilmember Birdsall rejoined the meeting at 9:45 PM. Randy Jackson ~f the Planning Center, in response to a question from Mayor Mufioz, stated that the removal of the target density in the housing element may encourage additional affordable housing. He reported that HCD believes that target density designations are not an incentive to the development of low and moderate housing. It was moved by Councilmember Parks, seconded by Councilmember Stone to continue the Housing Element to the next scheduled public hearing on the General Plan to take place April 20, 1993. The motion was unanimously carried. It was moved by Councilmember Parks, seconded by Councilmember Stone to continue the public hearing to the meeting of April 20, 1993. The motion was unanimously carried. CITY MANAGER REPORTS No report was given. CITY ATTORNEY REPORTS No City Attorney's report was given at this meeting. CITY COUNCIL REPORTS There were no reports from members of the City Council. Minutes 4%06%93 -5- 04113/93 City Council Minutes April 6. 1993 ADJOURNMI:NT It was moved by Councilmember Stone, seconded by Mayor Pro Tem Roberrs to adjourn at 9:57 PM to the next meeting to be held on April 13, 1993, 7:00 PM at the Temecula Community Center, 28816 Pujol Street, Temecula, California. The motion was unanimously carried. ATTEST: J. Sal Mufioz, Mayor June S. Greek, City Clerk Minutes 4%06%93 -6- 04113/93 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA CITY COUNCIL TUESDAY, APRIL 13, 1993 A regular meeting of the Temecula City Council was held on Tuesday, April 13, 1993, 7:00 P.M., at the Temecula Community Center, 28816 Pujol Street, Temecula, California. The meeting was called to order by Mayor J. Sal Mufioz. Councilmember Parks led the flag salute. PRESENT: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Mu~oz ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager David F. Dixon, Assistant City Manager Woody Edvalson, City Attorney, Scott Field, City Clerk June S. Greek and Recording Secretary Gail Zigler. INVOCATION Dr. Stephen Struikmans, Rancho Community Church led the invocation. PRESENTATIONS/ PROCLAMATIONS Mayor Mu~oz presented a Certificate of Appreciation to County Fire Chief Mike Harris thanking the. Riverside County/Temecula fire fighters for their work during the Rainbow Fire of September 1992. Mayor Mu~oz presented a Certificate of Appreciation to CDF Fire Chief Bob Martinez thanking the Riverside Ranger Unit fire fighters for their work during the floods of January 1993. Councilmember Jeff Stone presented Certificates of Appreciation to the members of the "Get A Grip" committee. Mayor Mu~oz presented a proclamation to City of Temecula Chief Building Inspector proclaiming April 12 - 16, 1993 as Temecula Building and Safety Week. Mayor Mu~oz presented a proclamation to Community Services Commission Chairperson Claudia Walker, proclaiming April 1993 as Community Services Month. PUBLIC FORUM Frank Spencer, Vice Chairman of the Old Town Merchants Association and Chairman of the Farmers Market, asked to be placed on the agenda to discuss the City Council forgiving the $3,800 loan to the Old Town Merchants Association as well as the possibility of applying for CCMIN4/13~93 -1- 4~27~93 CITY COUNCIL MINUTES APRIL 13. 1993 a grant. Councilmember Birdsall suggested the issue come back under the Redevelopment Agency in thirty days. Councilmember Parks suggested that justification for forgiving the loan and providing the grant be given to staff so that the information can be presented in a staff report. CONSENT CALENDAR It was moved by Councilmember Parks, seconded by Mayor Pro Tem Roberrs to approve Consent Calendar Items No. I - 7, 9, 10. AYES: 5 COUNCILMEMBERS: Birdsall, Parks,. Roberrs, Stone, Mu~oz NOES:' d- COUNCILMEMBERS: None Standard Ordinance Adoorion Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2. Minutes RECOMMENDATION: 2.1 Approve the minutes of March 16, 1993; 2.2 Approve the minutes of March 23, 1993. Resolution ADDrOvinQ LiSt Of Demands Finance Officer Mary Jane McClarney advised Check No. 14746 to Ramtek in the amount of $14,976.09 is being removed from the approved check register. CCMIN4/13/93 -2- 4127193 CITY COUNCIL MINUTES RECOMMENDATION: 3.1 APRIL 13, 1993 Adopt a resolution entitled: RESOLUTION NO. 93-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Report RECOMMENDATION: 4.1 Receive and file the City Treasurer's report as of February 28, 1993. City COmments'-on the Reouest by the Native American Observer Trainina Association to Transfer the Site of the Villaqe of Temeku to the Bureau of Indian Affairs RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 93-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DETERMINING THAT THE' TRANSFER OF 17.97 ACRES OF LAND FROM THE NATIVE AMERICAN OBSERVERS ASSOCIATION TO THE BUREAU OF INDIAN AFFAIRS TO ENSURE THE PROTECTION OF THE SITE OF THE VILLAGE OF TEMEKU WILL NOT HAVE AN ADVERSE IMPACT ON THE CITY OF TEMECULA Consideration of Take-Over Aareement with Indemnity Insurance Company of California to Complete the I-15 Widenina Project, PW 91-04 RECOMMENDATION: 6.1 Approve in substantiality the form presented the Agreement between the City of Temecula and the Indemnity Insurance Company of California requiring Indemnity to complete the 1-15 widening project for their Principal, Oliver Brothers and authorizing the Mayor to execute the Agreement on the City Council's behalf and the City Clerk to attest thereto. CCMIN4/13/93 4/27193 CITY COUNCIL MINUTES 7. Park View Property Acouisition Financina Terms RECOMMENDATION: 7.1 APRIL 13, 1993 Approve the revised financing terms for the acquisition of the Park View property. Traffic Sianals. Four-Way STOP at Avenida Barca and Margarita Road RECOMMENDATION: 8.1 The Public/Traffic Safety Commission recommends that the City Council include the construction of a traffic signal at the intersection of Avenida Barca and Margarita Road in the FY 93-94 Capital Improvement Program; A~s an interim measure, adopt a resolution entitled: RESOLUTION NO, 93-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING "STOP" SIGNS It was moved by Councilmember Stone, seconded by Councilmember Parks to approve Consent Calendar Item No. 8. AYES: 3 COUNCILMEMBERS: Parks, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 2 COUNCILMEMBERS: Birdsall, Mu~oz Release Material and Labor Bond in Tract No. 21764 RECOMMENDATION: 9.1 Authorize the release of material and labor bond for sewer system improvements in Tract No. 21764, and direct the City Clerk to so advise the Clerk of the Board of Supervisors. CCMIN4/13/93 -4- 4/27193 CITY COUNCIL MINUTES APRIL 13, 1993 10. Acceot Public Improvements in Tract No. 23160 RECOMMENDATION: 10.1 Accept the public improvements in Tract No. 23160; authorize the reduction of Faithful Performance, Street and Sewer and Water System Securities; Accept the Subdivision Warranty Bond; Approve the Subdivision Agreement Rider, and Direct the City Clerk to so advise the Clerk of the Board of Supervisors. PUBLIC HEARINGS 11. Amendments to the Ordinance RequlatinQ Temoorarv SiQns Planning Director Gary Thornhill presented the staff report advising the Council that in March 1993, the Planning Commission considered the amendments and rejected them. Director Thornhill stated the Commission's concern was that the proposed amendments were too lenient and may cause visual blight. Director Thornhill explained that staff had difficulty scheduling committee meetings that all the committee members could attend. Seven members of the committee were in attendance at the Planning Commission meeting, however no one spoke on the subject. Mayor Mu~oz opened the public hearing at 7:55 P.M. Chris Martinelli, 30255 Corte Cantania, Temecula, advised the Council that she was a member of the ad hoc committee and recommended a lenient approach to enforcement for 6 - 12 months, with more stringent enforcement to follow. Ms. Martinelli stated she feels there are many other ways to successfully market a business and recommended that the Council uphold the Planning Commission decision. Robert Scott, 30350 Santa Cecilia Drive, Temecula, stated that he feels the Planning Commission did not offer the opportunity to oppose their recommendation at the hearing and stated that he would like the committee to have more time to work on a recommendation. Roni Graves, 31040 Via Norte, Temecula, spoke in opposition to the Planning Commission recommendation. Gregory Treadwell, 26363 Erwin Court, Temecula, spoke in opposition to the Planning Commission recommendation. Costa St. John, owner of the Silver Spoon restaurant, Old Town Temecula, spoke in favor of professionally crafted A-Frames signs, Mr. St. John said that these signs are used in Old Town San Diego and in Solvang successfully. CCMIN4/13/93 -5- 4/27193 CITY COUNCIL MINUTES APRIL 13, 1993 Councilmember Birdsall suggested that Item 6, Page 10 be amended to allow for special event signage to be installed at the freeway exits on either end of the City. City Attorney Scott Field concurred that Item 6 should be modified to allow for temporary special event signs at various locations. Councilmember Birdsall stated that she would like to see the recommendations by the Planning Commission and the recommendations by the ad hoc committee separated rather than combined in the staff report. Councilmember Birdsall also suggested that the item go back to the ad hoc committee for resolution of their opposition to the Planning Commission recommendation. The overall consensus of the Council was to continue this item to allow staff and the ad hoc committee to work together to come up with a compromise solution. It was moved by. Councilmember Parks, seconded by Councilmember Birdsall to reopen the Public Hearing and continue the matter to the meeting of May 25, 1993 and direct staff to review the recommended ordinance with the Temporary Sign Committee and direct staff to prepare and present an analysis of the recommended additions and deletions to all versions of the ordinance to be considered. The motion carried as follows: AYES: 5 COUNCILMEMBERS: Birdsall, Parks, Roberrs, Stone, Mu~oz NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Mayor Mu~oz declared a recess at 8:45 P.M. The meeting was reconvened at 9:18 P.M. 12. An Urgency Ordinance of the Temecula City Council Establishing Reoulations for the Use of Outdoor Advertising Displays Planning Director Gary Thornhill presented the staff report. Mayor Mu~oz opened the public hearing at 9:25 P.M. Jamie Christian, 30762 Calle Pina Colada, Temecula, expressed her opposition to billboards. Councilmember Parks stated he was against the Ordinance and feels that billboards provide benefits that the Temporary Sign Ordinance will not allow. CCMIN411 3/93 -6- 4~27~93 CITY COUNCIL MINUTES APRIL 13. 1993 It was moved by Councilmember Stone, seconded by Mayor Pro Tem Roberrs to approve staff recommendation as follows: 12.1 12.2 Adopt an ordinance entitled: ORDINANCE NO. 93-08 AN URGENCY ORDINANCE OF THE CITY TEMECULA ESTABLISHING REGULATIONS ADVERTISING DISPLAYS Introduce an ordinance entitled: ORDINANCE NO. 93-09 COUNCIL OF THE CITY OF FOR THE USE OF OUTDOOR AN ORDINANCE OF THE CITY COUNCIL OF THE ESTABLISHING REGULATIONS FOR THE USE OF OUTDOOR ADVERTISING DISPLA~rS The motion carried aS follows: CITY OF TEMECULA AYES: 4 COUNCILMEMBERS: Birdsall, Roberrs, Stone, Muffoz NOES: 1 COUNCILMEMBERS: Parks ABSENT: 0 COUNCILMEMBERS: None COUNCIL BUSINESS 14. Boys and Girls Club Project Director of Community Services Shawn Nelson presented the staff report. Alan Winkelstein, 43055 Corte Calanda, Temecula, addressed the Council's questions and spoke in favor of the Boys and Girls Club recommendation. Mayor Mu~oz expressed a concern for the repeated requests from the Boys and Girls Club for financial support. Mayor Mu~oz said he was dissatisfied with past performance of the club principals and suggested the Council, prior to expending funds to construct a permanent facility, utilize the existing Teen Center as the Boys and Girls Club when the Community Recreation Center opens. Councilmember Stone expressed his support of the Boys and Girls Club, however expressed his concern that the City will be expending funds for a permanent facility CCMIN4/13/93 -7- 4~27~93 CITY COUNCIL MINUTES APRIL 13. 1993 at a temporary location. Councilmember Stone suggested the City pursue a donation of the land from the Temecula Town Association and the City then fund a permanent facility. He further recommended that if the Board of Directors faltered on the loan, the facility automatically become a City project. It was moved by Councilmember Birdsall, seconded by Councilmember Ron Parks to approve funding in the amount of $374,846 with direction to staff to seek an agreement from the Temecula Town Association that in the event the Boys and Girls Club should default on their loan, the City would be allowed to assume lease terms for property and direct staff to immediately release $51,000 to complete Phase I improvements. The motion carried as follows: AYES: 3 COUNCILMEMBERS: Birdsall, Parks, Roberrs NOES: 2 COUNCILMEMBERS: Mur~oz, Stone 13. Community Services' Funding Re(3uest Recommendations Finance Officer Mary Jane McLarney presented the staff report. Ed Mowles, 27595 Dandelion Court, Temecula, asked for the Council's support of the request for $7,000 for the Temecula Valley High School grad night. Jean Hedges, 40564 Calle Katerine, Temecula, asked for the CounCil's support of the request for $7,666, plus a location for a modular unit, from Temecula Valley Play and Learn (PALS). Ms. Hedges provided an overview of the PALS program. Ms. Hedges advised that as of the end of the school year, PALS will no longer have use of their current site which is being taken back by the school district for their needs. City Manager David Dixon suggested that a possible alternative would be the use of the Boys and Girls Club facility during morning hours. Ramona Ayala, 32282 Corte Las Cruces, Temecula, president and founder of PALS, spoke of the benefits of the program. The following individuals spoke in favor of funding for Temecula Valley Play and Learn: Lilliam Murphy, 25267 Ridgeplume Drive, Temecula. Kim Betancourt, 40835 Calle Medusa, Temecula. Jayme Christian, 30762 Calle Pina Colada, Temecula. Debra Knecht, 40498 Calle Madero, Temecula. Lissa Rosati, 31246 Corte Talvera, Temecula. CCMIN4/13193 -8- 4/27/93 CITY COUNCIL MINUTES APRIL 13, 1993 Mayor Mu~oz expressed his support for the City assisting PALS in finding a location. Linda Campbell, 28750 Vallejo Avenue, Temecula, asked for the .Council's support in granting the full $3,000 request for the Temecula Valley High School Scholarship Foundation. Melody Breunsting, 21705 Como, Wildomar, spoke in support of the $10,000 request by KRTM radio. John Hunneman, 27645 Jefferson Avenue, Suite 104A, Temecula, asked for the Council's support of the request for $10,000 by KRTM radio. Timmy Daniels, 27475 Ynez Road, Temecula, spoke in support of the $10,000 request by KRTM radio. Jim Meyler, 29930 Santiago Road, Temecula, asked for the Council's support of the $25,000 request by the Arts Council of TemeCula Valley. Mayor Pro Tem Roberrs moved to extend the meeting to 11:30 P.M. and to continue Items 16 and 17, seconded by Councilmember Parks. The motion was unanimously carried. It was moved by Councilmember Birdsall, seconded by Councilmember Stone to approve the recommendations contained in the staff report with the following modifications: 1 .) It was moved by Councilmember Parks, seconded by Mayor Mu~oz to Grant KRTM Public Radio an additional $1,000 for a total of $2,000; 2.) It was moved by Councilmember Stone, seconded by Councilmember Parks to grant The Arts Council of Temecula Valley $20,000; 3.) It was moved by Councilmember Parks, seconded by Councilmember Birdsall to grant the Temecula Valley High School Scholarship Foundation $3,500 with direction that the scholarships are to be awarded to Temecula residents only; and, 4.) It was moved by Councilmember Parks, seconded by Mayor Pro Tem Roberts to direct staff to investigate the possibility of allowing the Temecula Play and Learn Preschool to use the Boys and Girls Club facilities during the morning hours. The motions were unanimously carried with Councilmember Birdsall in opposition to the additional $5,000.00 for the Arts Council of Temecula Valley, stating she would prefer to see those funds allocated to the Temecula Playhouse. 15. Addition to Anti-Graffiti Ordinance Assistant City Manager Woody Edvalson presented the staff report. Mr. Edvalson advised that he has not taken the opportunity to speak with any merchants which will be affected by the display provisions of the ordinance, however one of the Council CCMIN4/13~93 -9- 4127193 CITY COUNCIL MINUTES APRIL 13.1993 members said that they have discussed this issue with many of the local merchants. Councilmember Birdsall expressed concern about implementing this policy without discussing it with the affected merchants. It was moved by Mayor Pro Tem Roberrs, seconded by Councilmember Parks to approve staff recommendation as follows: 15.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 93-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTIONS 6.14.304 THROUGH 6.14.308, INCLUSIVE, TO CHAPTER 6.14 OF THE TEMECULA MUNICIPAL CODE RELATING TO GRAFFITI With the amendment in Section 7, that the Ordinance will take effect in 90 'days after its adoption. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Parks, Roberrs, Stone, Mu~oz NOES: I COUNCILMEMBERS: Birdsall ABSENT: 0 COUNCILMEMBERS: None 16. Low Interest Loan/Business Incentive Program It was moved by Mayor Pro Tem Roberrs, seconded by Councilmember Parks to continue this matter to the meeting of May 11, 1993. AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Mu~oz None None Parks, Roberrs, Stone, CCMIN411 3/93 - 1 O- 4127/93 CITY COUNCIL MINUTES APRIL 13.1993 17. Speed Undulations Director of Public Works Tim Serlet presented the staff report. Councilmember Parks stated that he feels the residents who will benefit from the speed undulations should pay for them. Mayor Pro Tem Roberts stated that he did not feel that speed undulations should cost the property owner. It was moved by Councilmember Parks, seconded by Councilmember Birdsall, to refer this item back to Public/Traffic Safety Commission to address funding mechanisms for installation and maintenance of speed bumps through a service The motion carried as follows: AYES: 3 COUNCILMEMBERS: Birdsall, Parks, .Mu~oz NOES: 2'- COUNCILMEMBERS: Stone, Mu~oz ABSENT: 0 COUNCILMEMBERS: None CITY MANAGER REPORT None CITY ATTORNEY REPORT None CITY COUNCIL REPORTS None CCMIN4/13/93 - 11 - 4~27~93 CITY COUNCIL MINUTES ADJOURNMENT APRIL 13, 1993 It was moved by Councilmember Parks, seconded by Councilmember Stone to adjourn to a meeting on April 19, 1993 at 7:00 PM in the Main Conference Room of City Hall, 43174 Business Park Drive, for the purpose of holding a CIP Workshop. J. Sal Mur~oz, Mayor June S. Greek, City Cierk CCMIN4/13/93 -12- 4~27~93 MINUTES OF A SPECIAL MEETING OF THE TEMECULA CITY COUNCIL HELD APRIL 19, 1993 A special meeting of the City of Temecula City Council was held Monday, April 19, 1993, 7:00 P.M. at .Temecula City Hall Main Conference Room, 43174 Business Park Drive, Temecula, California. The meeting was called to order by Mayor J. Sal Mu~oz. Mayor Pro Tem Roberrs led the flag salute. PRESENT: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Mur~oz ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager David F. Dixon, Assistant City Manager Woody Edvalson, City Clerk June S. Greek and Recording Secretary Gail Zigler. PRESENTATIONS! PROCLAMATIONS: None PUBLIC COMMENTS None COUNCIL BUSINESS Review Draft Five-year Capital Improvement Proaram City Manager David Dixon provided an overview of the history and purpose of the Capital Improvement Plan (CIP). A "draft" of the proposed Capital Improvement Program for Fiscal Years 1994-98 was distributed for reference. Finance Officer Mary Jane McLarney presented and reviewed the following reports: Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Transmittal Message Parameters For CIP Cost Estimates Listing of New Projects Included In FY 1994-98 CIP Budget Revenue Projections by Source of Funds by Fiscal Year Project Summary Listing By Type of Project and Priority 04/19/93 - 1 - 4~22~93 TEMECULA CITY COUNCIL MINUTES APRIL 19. 1993 Public Works Director Tim Serlet presented and reviewed the following: Exhibit 6 FY93-98 Capital Improvement Program - Transportation Improvement Summary; Transportation Improvement Ranking Within Priority Number 1; and Proposed Road Construction For Liefer and John Warner Roads. Director Serlet stated that he feels the first five items shown on the priority ranking would be the most effective improvements. He added that these improvements are all within the most congested areas of the City. Mayor Mu~oz suggested that the Overland Crossing could relieve some of the congestion problems on Winchester Road and Rancho California Road. Councilmember Parks suggested improving Pujol Street to First Street with construction of the bridge could alleviate some of the traffic problems during peak hours. City Manager stated that he also feels that getting traffic out the North and South ends of town would offer considerable traffic relief. Director Serlet questioned if the Council was satisfied with 'the proposed road construction for Liefer and John Warner Roads. The overall consensus of the Council was to accept the proposed construction for Liefer and John Warner Roads. Mayor Mu~oz declared a recess at 8:30 P.M. The meeting reconvened at 8:40 P.M. Community Services Director Shawn Nelson provided an overview of the proposed park projects for 1994 and reviewed the City park layout (Exhibit 7). Councilmember Parks expressed a concern that additional funds were being requested for every park project and that the budget was not being followed. Director Nelson clarified that only the Senior Center had expanded, however, in terms of the additional costs on other projects, that is attributed to additional cost information and detailed drawings of the proposed projects. Councilmember Stone expressed concern that road improvements would be sacrificed in order to complete park improvements. City Manager David Dixon stated that the purpose of the workshop is to allow the Council to review the priority list and make recommendations. O4/19/93 -2- 4/22/93 TEMECULA CITY COUNCIL MINUTES APRIL 19, 1993 Mayor Mur~oz suggested that staff prepare a report outlining the priority projects, how much the improvements will cost and how much is available to fund the projects. City Manager David Dixon agreed to bring back a list of projects, the primary sources of funding and alternatives. DEPARTMENTAL REPORTS None CITY MANAGER REPORT None CITY ATTORNEY REPORT None CITY COUNCIL REPORTS None ADJOURNMENT It was moved by Councilmember Parks, seconded by Councilmember Stone to adjourn at 10:00 P.M. The next regular meeting of the City of Temecula City Council will be held on April 20, 1993, 7:00 PM, General Plan Pubic Hearing, Temecula Community Center, 28816 Pujol Street, Temecula, California J. Sal Muftoz, Mayor June S. Greek, City Clerk 04/19193 -3- 4/22/93 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA CITY COUNCIL HELD, APRIL 20, 1993 A regular meeting of the City of Temecula City Council was called to order Tuesday, April 20, 1993, 7:00 P.M. at the Temecula Community Center, 28816 Pujol Street, Temecula, California, Mayor J. Sal Mu~oz presiding. Councilmember Stone led the flag salute. PRESENT: 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Mufioz ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager David F. Dixon, Assistant City Manager Woody Edvalson, City Attorney Scott Field, City Clerk June S. Greek and Recording Secretary Gall Zigler. INVOCATION Pastor Ron Bolt, Peoples Church of the Valley, presented the invocation. PUBLIC COMMENTS Katie Simpson, 4203 Moraga Road, Temecula, advised that her elementary class has been performing "mock" City Council meetings to discuss City issues and a majority of her fellow students have expressed a desire to see the Murrieta Creek developed as parks and trails. PUBLIC HEARING City of Temecula General Plan. Imolementation ProQram. Environmental Impact ReDort and Mitigation Monitorinci ProQram Community Desion Element Senior Planner John Meyer presented the staff report. Mayor J. Sal Mu~oz opened the public hearing at 7:35 P.M. There being no one wishing to speak on this element, the Council consensus was to accept the goals, policies and objectives of the Community Design Element. Open SDacelConservation Element Senior Planner John Meyer presented the staff report. Mr. Meyer advised that the bicycle trail has been removed from the North General Kearney alignment· '/"' CCMIN4/20/93 -1 - 4127193 TEMECULA CITY COUNCIL MINUTES APRIL 20.1993 Mayor Mu~oz expressed an interest in having the City maintain some agriculture land within the City boundaries to be used for agriculture such as a learning/resource center for the youth and the community. The overall consensus of the Council was to accept the goals, policies and objectives of the Community Design Element. Growth Manaaement/Public Facilities Element Senior Planner John Meyer presented the staff report. Councilmember Parks questioned if the City is going to accept the School District's recommendation for this item. John Meyer advised that the consensus of the Planning Commission was to follow the policy language devised by the City Attorney. City Attorney ~cott Field advised that the new legislation confirms that zoning and building restrictions based on school facility availability that were not permitted before are not permitted now. He added that the Riverside City Council has directed the Attorney General to review the new legislation and render his opinion and if he decides in favor of the school districts, staff will present Council with. another recommendation. Councilmember Birdsall suggested that staff contact Southern California Edison regarding proposed high-power lines and their potential effect. Councilmember Parks added that there are several utility easements facilities which run through the City. Randy Jackson of the Planning Center suggested that a policy be added which states, "the City will take into consideration facility location in relation to the Community Design Element". Councilmember Parks requested staff bring back language regarding safety considerations of these utilities. Bob Coslyn, representing the Temecula Valley Unified School District, stated that City and school officials will be meeting next month to discuss the language in this element of the General Plan and asked for clarification that the language in the Growth Management/Public Facilities Element not be adopted until after the meeting. Mayor Mu~oz stated that the language will not be formally adopted until the General Plan is adopted. CCMIN4/20/93 -2- 4/27193 TEMECULA CITY COUNCIL MINUTES APRIL 20, 1993 Councilmember Parks stated that he does not have a problem with representatives of the School District and the City meeting to discuss the language in this element, however, he did not want the School District controlling the growth of the City. The overall consensus of the Council was to accept the goals, policies and objectives of the Growth Management/Public Facilities Element. LAND USE ELEMENT Senior Planner John Meyer presented the staff report. Mr. Meyer advised that staff is recommending removal of the Village Center overlay designation from the Palm Plaza shopping center because it already exists and was not designed to conform with the Village Center concept. The overall consensus of the Council was to accept the goals, policies and objectives of the Land Use Element. Senior Planner "John Meyer advised that the Office of Planning and Research has granted a second extension of 120 days for the City's General Plan completion. It was moved by Councilmember Parks, seconded by Councilmember Stone to continue the Public Hearing on the General Plan to the meeting of May 18, 1993 at 7:00 P.M. in the Temecula Community Center. The motion was unanimously carried. CITY MANAGER REPORT None CITY ATTORNEY REPORT None CITY COUNCIL REPORTS None ADJOURNMENT It was moved by Councilmember Parks, seconded by Councilmember Stone to adjourn at 8:50 P.M. The motion was unanimously carried. CCMIN4/20/93 -3- 4/27193 TEMECULA CITY COUNCIL MINUTES APRIL 20, 1993 The next meeting of the Temecula City Council will be.held on Tuesday, April 27, 1993, 6:00 P.M., Temecula Community Center, 28816 Pujol Street, Temecula, California. The next General Plan Public Hearing will be held on Tuesday May 18, 1993, 7:00 PM, Temecula Community Center, 28816 Pujol Street, Temecula, California. J. Sal Mu~oz, Mayor June S. Greek, City Clerk CCMIN4/20193 o4- 4127193 ITEM NO. 3 RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXm'RIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RF~OLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A have been audited by the City Manager, and that the same are hereby allowed in the amount of $3,584,133.20 Section 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this llth day of May, 1993. ATTEST: J. Sal Mu~oz, Mayor June S. Greek, City Clerk [SEAL] Rcsos 310 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS crrY OF TEMEULA) I, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 93- was duly adopted at a regular meeting of the City Council of the City of Temecula on the llth day of May, 1993 by the following roll call vote: AYES: 0 NOE: 0 ABSENT: 0 COUNCILMI:-MBERS: None COUNCILMY-MBERS: None COUNCILMEMBERS: None June S. Greek, City Clerk 310 ' ~ 04/08/93 TOTAL CHECK RUN: 04/15/93 TOTAL CHECK RUN: 04/22/93 TOTAL CHECK RUN: 04/30/93 TOTAL CHECK RUN: 05/11/93 TOTAL CHECK RUN: 05/11/93 TOTAL CHECK RUN: 04/08/93 TOTAL PAYROLL: 04/22/93 TOTAL PAYROLL TOTAL LIST OF DEMANDS FOR 0511 1/93 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 100 140 190 191 192 193 .-..,,210 280 300 310 320 330 PAYROLL: 001 100 190 191 192 193 300 320 330 GENERAL : GAS TAX FUND COMMUNITY DEV BLOCK GRANT TCSD TCSD SERVICE LEVEL A TCSD SERVICE LEVEL B TCSD SERVICE LEVEL C TCSD SERVICE LEVEL D CAPITAL PROJECTS - TCSD REDEVELOPMENT AGENCY-CIP INSURANCE FUND VEHICLE FUND INFORMATIONS SYSTEMS COPY CENTER FUND GENERAL (PAYROLL) GAS TAX FUND (PAYROLL) TCSD (PAYROLL) TCSD SERVICE LEVEL A (PAYROLL) TCSD SERVICE LEVEL B (PAYROLL) TCSD SERVICE LEVEL C (PAYROLL) INSURANCE FUND (PAYROLL) INFORMATION SYSTEMS (PAYROLL) COPY CENTER FUND (PAYROLL) TOTAL BY FUND: CITY OF TEMECULA LIST OF DEMANDS $1,383,46~.02 $116,147.01 $1,638.06 $13,310.00 i804.83 $13'31,815.01 $13,819.47 S21,918.57 $4,925.00 $1,575.11 $10,538.81 $126,917.31 $22,813.38 $31,565.94 $784.51, $1,473.72 $2,917.93 $1,215.59 $117,567.31 $204,480.01 $1,784,820.87 $429,556.85 ~825,491.02 $28,07'3.21 $3,584,133.20 S3.389,789.27 $194,343.93 $3,564,133.20 VOUCHRE2 0~10819~ 16:00 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERZOOS PAGE 10 FUND TITLE 001 GENERAL FUND 100 GAS TAX FUND 190 CONNUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 210 CAPITAL IMPROVEMENT PROJ FUND 300 INSURANCE FUND 310 VEHICLES FUND 320 INFORMATION SYSTENS 330 'COPY CENTER FUND TOTAL ANOUNT 81,109.79 11,537.82 12,919.94, 456.92 477.54 1,338.83 1,600.00 1,903.75 390.32 4,609.03 1,Z23.37 1'17,567.31 VOUCHRE2 0~/.Q8/93 VOUCHER/ CHECK NUffiiER 14591 487853 687853 487853 487853 487853 487853 487853 487853 487853 487853 487853 487853 487853 487853 487853 487853 487853 16:00 CHECK VENDOR VENDOR DATE NUMBER NAME 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 000770 UCR EXTENSION CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIOOS ITEM DESCR]PTIOR GRANTSNANSHIP COURSE/YA 000444 EMPLOYMENT DEVELOPMENT ~ CAIT 000/,~4 EMPLOYMENT DEVELOPMENT 0004/~ CAIT 000~ EMPLOYMENT DEVELOPMENT 0013~ CAIT 000/~4 EMPLOYMENT OEVELOPNENT 000444 CAIT 000444 EMPLOYMENT DEVELOPMENT 000444 CAIT 000444 EMPLOYMENT OEVELOf~!ENT 000444 CAIT 000444 EMPLOYMENT DEVELOPMENT 00044~ CAIT 000444 EMPLOYMENT DEVELO~ENT OOCu.-~ CAIT 000444 EMPLOYMENT DEVELOPMENT O00/de4 SOl '00044~ EMPLOYMENT OEVELOPNENT OOO~ SOl 000444 EMPLOYMENT OEVELOPNENT 00~ SOl 000444 EMPLOYMENT DEVELOPMENT O00/de4 SOl 000444 EMPLOYMENT OEVELOPtIENT 000444 SOl 0004J,4 EMPLOYMENT DEVELOPMENT ~. SOl 000444 EMPLOYMENT DEVELOPMENT 0004~,~ SOl 000444 EMPLOYMENT DEVELOPMENT 000~44 SOl 00{3~ EMPLOYMENT DEVELOPMENT 00044~ SOl 493857 04/08/93 00028~ BANK OF AMERICA 493837 04/08/93 000283 BANK OF AMERICA ~ 04/08/93 000283 BANK OF AMERICA ~, ~ 04/08/93 000283 BANK OF AMERICA 49~37 04/08/93 00028~ BANK OF AMERICA 493837 04/08/93 000283 BANK OF AMERICA 493837 04/08/93 000283 BANK OF AMERICA 493837 04/08/93 000285 BANK OF AMERICA 4938~7 04/08/93 000283 BANK OF AMERICA 493837 04/08/93 000283 BANK OF AMERICA 493837 04/08/93 000283 BANK OF AMERICA 493837 04/08/93 000283 BANK OF AMERICA 493837 04/08/93 000283 BANK OF AMERICA 49383? 04/08/93 000283 BANK OF AMERICA 493837 04/08/93 00028~ BANK OF AMERICA 493837 04/08/93 00028~ BANK OF AMERICA 4938~7 04/08/93 000283 BANK OF AMERICA 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 10010 10011 NO CAROLINA FURNITURE D LAPIERRE, ANNA MARIE 000101 APPLE ONE 000105 AEI SECURITY, INC. 000116 AVP VISION PLAN 000116 AVP VISION PLAN 000116 AVP VISION PLAN 000116 AVP VISION PLAN 000116 AVP VISION PLAN 10012 10013 10014 10014 10014 10014 000283 FIr. A/NED 000283 FICA/MED 000283 FICA/NED 000283 FIr, A/NED 000283 FIr, A/NED 000283 FICA/MED 000283 . FICA/MED 000283 FICA/MED 000283 FICA/MED 000283 USIT 000283 USIT 000283 USIT 000283 USIT 000283 USIT 000283 USIT 000283 USlT 000283 USIT BUSINESS LICENSE FEE RE **CLAINtO051/LAPIERRE OPEN P.O. TEMPORARY SER ALARM MONITORING; APRIL INS PREMIUM FOR APRIL 9 INS PREMIUM FOR APRIL 9 INS PREMIUM FOR APRIL 9 INS PREMIUM FOR APRIL 9 INS PREMIUM FOR APRIL 9 ACCOUNT NUMBER 001-140-999-5258 001-2070 100-2070 190-2070 191-2070 193-2070 300-2070 320-2070 330-2070 001-2070 100-2070 190-2070 · 191-2070 192-2070 193-2070 300-2070 320-2070 330-2070 001-2070 100-2070 190-2070 191-2070 192-2070 193-2070 300-2070 320-2070 330-2070 001-2070 100-2070 190-2070 191-2070 193-2070 300-2070 320-2070 330-2070 001-199-4056 300-199-999-5207 001-120-999-5118 001-199-999-5250 001-?,310 100-2310 190-2310 191-2310 193-Z$10 ITEM AMOUNT 145.00 2,501,27 416.45 424.63 16.82 33.70 20.08 48.29 1,006.13 190.56 242.98 6.46 9.85 22.59 9.51 18.41 17.42 2,365.03 425.06 541.96 14.41 21.98 50.39 21.21 '41.08 38.8~ 9,948.93 1,95 8.97 2,024.43 190.25 87.60 226.70 35.00 500.00 134.24 135.00 406.96 97.15 97.15 7.09 8.66 PAGE 2 CHECK AMOUNT 145.00 4;999.59 18,102.95 35.00 500.00 134.24 135.00 VOUCHRE2 06/08/93 VOUCHER/ CHECK NUMBER 10014 10014 10014 10014 10015 10016 10017 10018 10019 10019 10019 10019 10019 10019 10020 10021 10021 10021 10022 10022 10023 10024 10025 10025 10025 10025 10025 10025 10025 10025 10026 10026 10026 10026 10027 10027 10027 10027 16:00 CHECK DATE 04108/93 04/08/93 04/08/93 04/08/93 04108/93 04/08/93 04/08/93 04108193 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04108193 04/08/93 04/08/93 VEND(it NUMBER 000116 000116 000116 000116 000127 000128 000131 000135 000160 000140 000140 000140 000140 000160 000142 000156 000156 000156 000165 000165 000168 000175 000177 000177 000177 000177 000177 000177 000177 000177 000184 000184 000184 000184 000192 000192 000192 000192 VENDOR NANE AVP VISION PLAN AVP VISION PLAN AVP VISION PLAN AVP VISION PLAN CALIFORN]AN CAL-SURANCE ASSOCIATES~ CARL gARREN & CO. CENTRAL CITIES SIGN SER COLONIAL LIFE & ACCIDEN COLONIAL LIFE & ACCIDEN COLONIAL LIFE & ACCIDEN COLONIAL LIFE & ACCIDEN COLONIAL LIFE & ACCIDEN COLONIAL LIFE & ACCIDEN CONSERCO DENTICARE OF CALIFORNIA DENTICARE OF CALIFORN]A DENTICARE OF CALIFORNIA FEDERAL EXPRESS FEDERAL EXPRESS TEMECULA FLO~4ER CORRAL GFOA GLENHIES OFFICE PROOUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GTE GTE GTE GTE GL08AL COMPUTER SUPPLIE GLOBAL COMPUTER SUPPLIE GL08AL COMPUTER SUPPLIE GLOBAL COMPUTER SUPPLIE CITY OF TEHEOULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION INS PREMIUM FOR APRIL 9 INS PREMIUM FOR APRIL 9 COliRA FOR APRIL 93 ADJUSTMENTS PUBLIC NOTICES POLICY 1331494/PUBLIC B CLAIHANT SACKIN/DOL'12/ STOCK; "RESERVED FOR Cl INSURANCE PRENIUH APRIL INSURANCE PREMIUM APRIL INSURANCE PRENIUH APRIL INSURANCE PREMIUM APRIL INSURANCE PREMIUM APRIL INSURANCE PREMIUH APRIL SOLDER MEg CONNECT]ON 0 INSURANCE PREMIUM APRIL INSURANCE PREMIUM APRIL INStJRANCE PRENION APRIL POSTAGE . POSTAGE FLOUERS SUBSCRIPTION RENEWAL OFFICE SUPPLIES FOR CIT VI5191 GRAY CASH BOX S/d,3721 GOLD FOIL NOTAR K8TX1205 GLARE KLEEN D27671 FAX TRANSNITTAL D I SCOUNT TAX CREDIT NEHO 909-694-1989 3/25-6/26 909-695-3539 3/25-4/24 909-699-0128 3/22-6/21 909-699-2309 3/25-6/24 C5866P PC STAND/HOLDER FREIGHT TAX C58&&P PC STAND/HOLDER ACCOUNT NUMBER 300-2310 330-2310 001-1180 001-150-999-5250 001-161-999-5256 300-199-999-5200 300-199-999-5205 100-164-999-524~ 001-2330 100-2330 190-2330 191-2330 193-2330 300- 2330 001-170-999-5215 001-23~0 100-23~0 001-150-999-5250 001-110-999-5230 001-161-999-5230 001-2170 001-160-~-5228 001-120-999-5220 001-120-999-5220 001-120-999-5220 001-120-9~-5220 001-120-9~-5220 001-120-999-5220 001-720-999-5220 001-161-999-5220 320-199-999-5208 320-199-999-5208 320-199-999-5208 320-199-~99-5208 320-199-999-5221 320-1~9-999-5221 320-199-999-5221 320-199-999-5221 ITEM ANOINT 3.92 15.75 9.20 .02 258.18 350,00 602.25 323.25 121.00 19.50 138.25 11.68 14.01 .01 45.00 41.85 13.95 15.00 27.50 9.50 58.7'2 50.00 117.36 25.95 30.08 23.80 9.19 22.25- 5.17 167.01- 2,109.62 22.79 166.10 23.41 255.00 35.73 20.27 178.00 PAGE 3 CHECK N~OUNT 6~5.90 258.18 350.00 602.25 323.25 '304.25 45.00 37.00 58.72 50.00 22.29 2,321.72 VOUCHRE2 /~,~8/93 16:00 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR NIJNBER DATE NUMBER 10027 0~/08/93 000192 10027 04/08/93 000192 VENDOR NAME ITEM DESCRIPTION GLOBAL COMPUTER SUPPLIE FREIGHT GLOBAL COMPUTER SUPPL[E TAX 10028 04/08/93 000197 ]NSUPCO 10028 04/08/93 000197 INSUPCO 10028 04/08/93 O00197 INSUPCO 10028 04/08/93 000197 [NSUPCO 1/2 USS FLAT MASHER OR5 5/16 NYLOR FLAT MASHER 3/8 X 2/12 HX LAG PLTD TAX ACCQUNT NIJI~BER 320-199-999-5221 320-199-999-5221 100-164-~-5218 100-164-~-5218 100-164-~-5218 100-164-~-5218 ITEM AMOUNT 19.46 13.80 17.45 7.91 5.23 2.37 CHECK AMOUNT 522,26 32.96 10029 04108/93 000206 KINKO'S COPIES OVERSIZE COPIES 330-190-~-5222 12.77 12.77 10030 0~/08/93 000209 10031 04108193 000218 10032 04/08/93 000220 10032 04/08/93 000220 L & M FERTILIZER NARILYN'S COFFEE SERVIC MAURICE PRINTERS QUICK MAURICE PRINTERS QUICK 10033 04/08/~3 000228 MOBIL 10033 04/08/93 000228 MOBIL 10033 0~/08/93 000228 MOBIL 10033 04/08/93 0O0228 MOBIL 10033 04/08/93 000228 MOBIL ./"'~)3 04/08/93 000228 MOBIL 3 04/08/93 000228 MOBIL 10033 04/08/93 000228 MOBIL 10033 04/08/93 000228 MOBIL 10033 04/08/93 000228 MOBIL 10033 04/08/93 000228 MOBIL 10034 04/08/93 000233 10035 06/08/93 000245 10035 04/08/93 000245 10035 04/08/93 000245 10035 04/08/93 000245 10035 04/08/93 000245 10035 04/08/93 000245 10035 04/08/93 000245 10035 04/08/93 000245 10035 04/08/93 000245 10036 04/08/93 0002~6 10036 04/08/93 000246 10036 04/08/93 000246 10036 04/08/93 000246 10036 04/08/93 000246 10036 04/08/93 0002/,6 10036 04/08/93 000246 10036 04/08/93 000246 10036 04/08/93 000246 ~ 04/08/93 000246 NELSON, SHAWN PERS (HEALTH ]NSUR.PREM PERS (HEALTH iNSUR.PREM PERS (HEALTH INSUR,PREM PERS (HEALTH ZNSUR.PREN PERS (HEALTH INSUR,PREM PERS (HEALTH ]NSUR,PREN PERS (HEALTH ]NSUR,PREM PERS (HEALTH ]NSUR,PREM PERS (HEALTH INSUR,PREM PERS EMPLOYEES' RET[REM PERS EMPLOYEES' RETIREN PERS EMPLOYEES' RETIREM PERS EMPLOYEES' RET]REM PERS EMPLOYEES' RETIREN PERS EMPLOYEES' RET[REM PERS EMPLOYEES' RETIREN PERS EMPLOYEES' RETIREN PERS EMPLOYEES' RETIREM PERS EMPLOYEES' RET]REN PARTS AND LABOR COFFEE SERVICE NEIGHBOBHOOO WATCH NEWS TAX FUEL CITY MANAGER FUEL TCSD FUEL BUILDING &SAFETY FUEL PLANNING FUEL PUBLIC MORKS FUEL CITY CLERK CITY MANAGER DEPT PLANNING DEPT BUILDING & SAFETY PUBLIC MORKS TCSD CPRS CONF. )tAR 11-13 SN 310-180-~-5214 001-190-~-5250 001-170-~-5222 001-170-~-5222 001-110-~-5263 1~0-180-~-5263 001-162-~-5263 001-161-~-5262 001-1~3-~-5263 001-120-~-5262 001-110-~-5263 001-161-~-5262 001-162-~-526~ 100-164-~-526~ 190-180-~-5263 190-180-999-5258 INSURANCE PREM FOR APR] 001-2090 INSURANCE PREM FOR APRi 100-2090 iNSURANCE PREM FOR APRI 190-2090 iNSURANCE PREN FOR APR! 191-2090 INSURANCE PREM FOR APRi 192-2090 INSURANCE PREM FOR APRI 193-2090 INSURANCE PREM FOR APRI 300-2090 INSURANCE PREM FOB APR] 330-2090 INSURANCE PREM FOR APRI 001-150-999-5250 000246 PER REDE 001-2130 0002~6 PER REDE 100-2130 000246 PERS RET 001-2390 000246 PERS RET 100-2390 000246 PERS RET 190-2390 000246 PERS RET 191-2390 000246 PERS RET 192-2390 000246 PERS RET 193-2390 000246 PERS RET 300-2390 000246 PERS RET 320-2390 290.40 62.55 ITS,00 21.16 121.85 145.96 40.22 27.02 270.37 9.73 72.78 15.60 46.68 107.18 79.43 14,239.90 2,7~0.63 3,346.12 135.11 300.24 457.44 142.48 58~. 05 107.18 42.94 171.76 10,861.69 1,773.44 2,113.53 69.12 96.85 245 .~6 98.66 201.73 290.40 62.55 294.16 1,30/,.38 79.43 22,102.15 VOUCHRE2 0410~193 VOUCHER/ CHECK NU!iER 16:00 CHECK DATE VENDOR NUMBER VENDOR NAME CITY OF TENEOULA VOUCHER/CliCK REGISTER FOR ALL PERIODS ITEH DESCRIPTIOM ACCOUNT NUMBER 10036 04108193 0002~6 PERS EMPLOYEES, RETIREM 0002/,6 PERS RET 330-Z390 10036 0~/08/93 0002~6 PERS EMPLOYEES' RETIREM 0002/6 SURVIVOR 001-2390 10036 06/08193 000266 PERS EMPLOYEES, RETIREM 000266 SURVIVOR 100-2390 10036 04/08193 000266 PERS EMPLOYEES, RETZREM 0002/6 SURVIVOR 190-2390 10036 04/08/93 0002/6 PERS EMPLOYEES, RETIREN 0002/6 SURVIVOR 191-2390 10036 04108/93 000266 PERS EMPLOYEES, RETIREM 0002/6 SURVIVOR 192-2390 10036 04/08/93 000266 PERS EMPLOYEES, RETIREM 0002/6 SURVIVOR 193-2390 10036 04/08/93 000266 PERS EMPLOYEES' RETIREN 000266 SURVIVOR 300-2390 10036 0~/08/93 0002/6 PERS EMPLOYEES' RETIREN 0002/6 SIJRVIV(IR 320-2390 10036 06/08/93 000246 PERS EMPLOYEES' RETIREN 000266 SURVIVOR 330-2390 04/08/93 0/,/08/93 04/08/93 04/08/93 04108193 0/,/08/9] 10037 000248 000254 000262 0002~. 0002(~ 000266 000268 10038 10039 PETROLANE PRESS ENTERPRISE ** RANCHO gATER RIGHTgAY RIGHTgAY RIGHTgAY RIV. Co. HABITAT CONSER 10040 10040 10040 10041 04108/93 FUEL 100-164-999-5262 GENERAL PLAN DISPLAY AD 001-161-999-5256 PLAN CHECK FEE FOR PALA 210-190-120-5802 VETERAN'S PARK PORTIBLE SPORTS PARK PORTABLES FRONT STREET PORTIBLE 190-180-999-5238 190-180-999-5238 100-16~-999-5238 MARCH PAYMENT K-RAT 001-2300 10062 04/08/93 000296 STATE COMPENSAT/OR INS. HARCH 93 001-2370 10042 04/08/93 000294 STATE COMPENSATION INS. MARCH 93 100-2370 10042 04108193 0(31)294 STATE CONPENSAT[OR INS. MARCH 93 190-2370 10042 04108/93 000296 STATE CONPENSATZOR INS. MARCH 93 191-2370 10042 04/08/9] 000296 STATE COMPENSATION INS. MARCH 93 192-2370 10042 04/08/93 000294 STATE COMPENSATION INS. MARCH 93 193-2370 10042 04~08/93 000294 STATE COMPENSATION INS. MARCH 93 300-2370 10042 04108193 000294 STATE COMPENSATION INS. MARCH 93 320-2370 10042 04/08/93 000294 STATE COMPENSATION INS. MARCH 93 330-2370 10042 04/08/93 000296 STATE COMPENSATION INS. MARCH 93 001-160-999-5112 10042 04/08/93 000296 STATE COMPENSATION INS. MARCH 93 001-161-999-5112 10042 04/08/93 000294 STATE COMPENSATION INS. MARCH 93 190-180-999-5112 04/08/9] 04108193 04108193 04/08/93 04/08/93 04108193 04/08/93 04108193 04/08/93 04/08/93 06108/93 04/08/93 04108/93 04/08/93 10063 10043 10043 10043 10043 10043 10063 10043 10043 10043 10043 10043 10043 10043 SYSTEM 2~90 SYSTEM 2~90 SYSTEM 2~90 SYSTEM 2190 SYSTEM 2~90 SYSTEM 2/90 SYSTEM 2/90 SYSTEM 2/90 SYSTEM 2/90 SYSTEM 2/90 SYSTEM 2/90 SYSTEM 2/90 SYSTEM 2/90 SYSTEM 2/90 000303 000303 000303 000303 000303 000303 000303 000303 000303 000303 00O3O3 000303 000303 000303 2X842 NAMEPLATE,PANEL M 190-180-999-5220 2X842 NAMEPLATE,PANEL M 190-180-999-5220 RI1XB; RAYMOND CASEY 001-163-999-5220 2X842 RANEPLATE,PANEL M 001-163-999-5220 2X842 NAMEPLATE,PANEL M 001-163-999-5220 2X84; NAMEPLATE,PANEL M PRE-SPACED COPY; 112" PRE-SPACED COPY; 112" 10~ DISCOUNT IOX DISCOUNT lit/, DISCOUNT TAX TAX TAX 001-163-999-5220 001-163;999-5220 001-162-999-5220 001-162-999-5220 001-163-999-5220 190-180-999-5220 190-180-999-5220 001-162-999-5220 001-163-999-5220 [TEN AMOUNT 182.82 56.~ 8.59 12.~ .42 .93 1.~ .67 .93 1.~ 1.81 170.04 1,600.00 57.39 229.55 57.39 3,000.00 5,915.90 1,922.W, 1,906./6 109.68 13.32 235.10 63.31 126.64 209.69 3.90 7.60 .83 7.70 24. O0 12.00 24.00 26.00 26.00 8.~ 8.~ 4.38- 4.38- 6.38- 3.08 3.08 3.07 PAGE 5 CHECK ANOUNT 15,961.33 1.81 170.04 1,600.00 344.33 10,695.37 VOUCHRE2 04/08/93 16:00 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 6 VOUCHER/ CHECK NUNBER 100~ CHECK DATE 04/08/93 04/08/93 VENDOR NUNBER 000320 000322 VENDOR NANE TC)MN CENTER STATIONERS UNIGLODE BUTTERFIELD TR ITEN DESCRIPTION OFFICE SUPPLIES AIRLINE TICKETS APRIL 7 ACCOUNT BUNBER 001-1g-~-5242 001-110-~)~-5258 ITEN AMOUNT 318.25 324.00 CHECK AMOUNT 318.25 324. O0 10046 10046 10046 100~6 10(:)447 10047 10047 10048 10049 10049 1OO5O lud52 10053 10053 10053 10054 10055 10056 10056 10056 10056 10057 10057 10057 10057 10057 10057 10057 10057 10057 10057 lpar.~ 04108193 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 0~/08/93 04/08/93 04/08/93 04/08/93 0~/08/93 04/08/93 04/08/93 04/08/93 04/08/93 000325 000325 000325 000325 000326 000326 000326 000326 000326 000331 000340 000340 000359 000375 000377 000389 000389 000389 000411 000427 000~30 000~30 000430 000430 000431 000431 000431 000~31 000~31 000431 000431 000431 000431 0004/,7 UNITED HAY OF THE INLAN 000325 tN UNITED kqAY OF THE INLAN 000325 UNITED UAY OF THE [NLAN 000325 U~ UNITED gAY OF THE INLAN 000325 UNITOG RENTAL SERVICE UNITOG RENTAL SERVICE UNIT{3{] RENTAL SERVICE UNITOG RENTAL SERVICE UNITOG RENTAL SERVICE VALLEY NICRO MHITE CAP ~HITE CAP PARKER, HERMAN SOUTHERN CALIF TELEPHON STATE DEPT, OF TRANSPOR USCN USCl4 USCN RIVERSIDE COUNTY FLO00 ARTESIA INPLENENT GROUP ANERICA - VOLUNTA GROUP AMERICA - VOLUNTA GROUP AMERICA - VOLUNTA GROUP ANERZCA - VOLUNTA NATIONAL DENTAL HEALTH, NATIONAL DENTAL HEALTH, NATIONAL DENTAL HEALTH, NATIONAL DENTAL HEALTH, NATIONAL DENTAL HEALTH, NATIONAL DENTAL HEALTH, NATIONAL DENTAL HEALTH, NATIONAL DENTAL HEALTH, NATIONAL DENTAL HEALTH, NATIONAL DENTAL HEALTH, CONTRONIX OF HENET NAME EHBL CHARGE RANE ENBL CHANGE 2-SETS OF UNIFORN$; CLE Z-SETS OF UNIFORNS; CLE REED & STERLING NISC CONPUTER SUPPLY SUPPLENENT P.0.#13644 OPEN P.O. "EMERGENCY RIENB FOR CPRS CONF 3/1 909-202-4760 Pt,I FEBRUARY NAINT 000389 PT RETIR 000389 PT RET[R 000389 PT RETIR COUNTY HYDROLOGY MANUAL TUBE APRIL PRENIUN APRIL PREMIUM APRIL PREMIUM APRIL PRENIUM INSURANCE PREMIUM APRIL INSURANCE PREMIUM APRIL INSURANCE PREMIUM APRIL INSUMAMCE PREMIUM APRIL INSURANCE PREN]UM APRIL INSURANCE PRENIUM APRIL INSURANCE PREN[UM APRIL INSURANCE PRENIUM APRIL INSURANCE PRENIUM APRIL INSURANCE PREN]UM APRIL REPROGRAN CONPLETE SYST 001-2120 100-2120 190-2120 300-2120 190-180-999-5243 190-180-999-5243 100-16~-999-5243 100-16~-999-5243 190-180-999-5243 320-199-999-5221 001-166-999-524Z 001-166-999-5242 190-180-999-5258 001 - 166-999-5208 100-164-999-5405 001-2160 100-2160 190-2160 001-163-999-5228 310-180-999-5214 001-2510 100-2510 190-2510 300-2510 O01 - 2:5/, 0 100-2.:7~.0 190-2340 191-234.0 192-2340 193-2340 300-2340 330-Z.~0 001 - 1180 001 - 150-999-5250 320-199;999-5215 77.25 9.25 17.50 .50 .53 .92 12.50 12.50 13.60 52.80 169.62 46.88 81.52 44.77 61.36 137.64 114.00 256.50 68.50 26.72 221.22 36.48 164.10 1.80 590.62 94.50 110.25 7.09 15.75 8.66 7.88 31.50 31.50 15.00 352.50 104.50 40.05 52.80 216.50 81.52 ~.~ 61.~ 508.14 68.50 26.72 425.60 912.75 352.50 VOUCHRE2 0410819:5 16=00 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUIiER 10059 04./08/9:5 000~66 10060 04/08)93 0004.71 10061 04/08/93 000475 10062 04/08/93 000493 10063 04/08/9;5 000502 10064 04/08/93 000526 10065 04/08/93 000557 10066 04/08/93 000574 10066 04108193 0005 74. 10066 04/08/93 000574 10067 04/08/93 10068 0410819;5 10068 04/08/9"5 10068 04/08/9;5 000638 10069 04/08/93 000656 10070 04/08/93 000666 10071 04/08/9;5 000695 10072 04/08/9;5 000704 10072 04108193 000704 10072 04/08/9;5 000704 10072 04/08/9;5 000704 10072 04/08/93 000704 1007'5 04/08/9:5 000713 10074 04/08/9;5 000714 10075 04/08/93 000728 10076 04/08/93 0007/,0 10077 04/08/93 000751 10078 04/08/93 000752 10079 04/08/93 000765 10079 04/08/93 000765 10079 04/08/93 000765 VENDOR NAME kNITEHEN), RHONDA I GOE & CUMPANY BNI PUBLICATIONS, INC. TARGET STORE BILLING CALIFORNIA MUNICIPAL ST U.C. REGENTS JOHNSON REPEATER SUPER TONER . SUPER TONER SUPER TONER 000576 MESA HONES 0006~8 CALIF. DEPT. OF CONSERV 0006;58 CALIF. DEPT. OF CONSERV CALIF. DEPT. OF CONSERV TEMPLETON PLANNING GROU NY BUDDIES PIZZA INSTITUTE OF TRANSPORTA SKS, INC./INLAND OIL SKS, INC./INLAND OZL SKS, INC./INLAND OIL SKS, INC./]NLAND OIL SKS, INC./XNLAND OIL NORTHERN BANK NOTE CONP STANDARD & POOR'S CORPO RANSEY BACKFLO~/& PLUMB PXCCA DELl SKILLPATH, ]NC. STONE, JEFFREY E. GROUP AMERICA GROUP AMERICA GROUP AMERICA CiTY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS [TEN DESCR I PT l OR TENNIS LESSONS 19 PARTI ADNIN FEES MAR 93 VARIOUS PUBLICATIONS OPEN P.O. FOR ..EOC.e ACCOUNT NUMBER 190-183-811-5300 001-150-999-5250 001-163-999-5228 001-150-999-524.2 COSTS RELATED TO RDA BO 001-1990 BSICS OF TRAFFIC ENGINE PALONAR BASE MOBIL COVE RENANUFACTURED LASERJET OZONE F]LTER FOR HP TAX REFUND IMPACT FEE SIll REIMB AND IN HOUSE SNI REIMB AND IN HOUSE SNI REIMB AND IN HOUSE BOND ISSUE RDA MORKSHOP ITE TRAFFIC ENGINEERING CITY MANAGER BUILDING & SAFETY PUBLIC 140RICS PUBLIC MORKS TCSO RDA BOND COSTS RDA BOND COSTS TEST AND REPAIR LUNCHES FOR MINT TRAINI PROJECT MANAGEMENT SEMI COliF. FEB 10-11 STONE APRIL PREMIUM APRIL PREMIUM APRIL PREMIUM 001-i63-999-52~8 320-199-999-5209 320-199-999-5221 320-199-999-5221 320-199-999-5221 001-2650 001-2280 001-2290 001-162-4.200 001-1990 190-180-999-5258 001-163-999-5228 001-110-999-5263 001-162-999-5263 001:163-999-5263 100-164-999-5263 190-180-999-5263 001-1990 001-1990 19'5-180-999-5510 001-150-999-5258 001-162-999-5258 001-100-999-5208 001-2360 100-2360 190-2360 ITEM AMOUNT 273.60 294..00 136.~6 24.1.86 4.00.00 100.00 18&.00 225.00 162.00 29.99 6,24.0.00 649.88 1,9:58.14 129.4.0- 712.4.9 58.75 235. O0 60.88 64.71 155.15 125.18 71.70 1,757.91 8,/,00. O0 33. O0 120.00 356.00 99.26 553.36 87.88 123.50 PAGE 7 CHECK AMI3JNT- 273.60 294.00 136.4.6 241.86 400. O0 100.00 186.00 416.99 6,24.0.00 2,458.~ 58.75 235. O0 4.77.62 1,757.91 8,4.00.00 33. O0 120.00 356.00 99.26 VOUCHRE2 16:00 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK NUMBER 10079 10079 10079 10079 10079 10079 10079 10079 10079 10079 10079 10079 10079 10079 10079 10079 10079 1007~ 10079 10079 10079 10079 10080 10081 10081 10081 10082 10083 10083 10084 10085 10086 CHECK DATE 04108/93 04108193 04108193 04/08/93 06/08/93 04/08/93 04/08/93 04/08/93 0/,/08/93 04108193 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 04/08/93 VENDOR NUMBER 000765 000765 000765 000765 000765 000765 000765 000765 000765 000765 000765 000765 000765 000765 000765 000765 000765 000765 000765 000765 000765 000765 000765 000765 000770 000788 000788 000788 000837 000857 000857 000885 00O895 000898 VENDOR NAME GROUP AMERICA GROUP AMERICA GROUP AMERICA GROUP AMERICA GROUP AMER I CA GROUP AltER I CA GROUP AMERICA GROUP AMERICA GROUP AMERICA GROUP AMERICA GROUP AMERICA GROUP AMER Z CA GROUP AMERICA GROUP AMERICA GROUP AMERIC~ GROUP AMER l CA' GROUP AMER]CA GROUP AMERICA GROUP AMER I CA GROUP AMERICA GROUP AMERICA GROUP AMERICA GROUP AMERICA GROUP AMERICA UCR EXTENSION ONE & ONLY PUBLISHING C ONE & ONLY PUBLISHING C ONE & ONLY PUBLISHING C ITEM DESCRIPTION APRIL PREMIUM APRIL PREMILIN APRIL PREMIUM APRIL PREMIUM APRIL PREMIUM APRIL PREMIUM APRIL PREMIUM APRIL PREMIUM APRIL PREMIUM APRIL PREMIUM APRIL PREMIUM APRIL PREMIUM APRIL PREMIUM APRIL PREMIUM APRIL PREMIUM APRIL PREMIUM APRIL PREMIUM APRIL PREMIUM APRIL PREMIUM APRIL PREMIUM APRIL PREMIUM APRIL PREMIUM APRIL PREMIUM APRIL PREMIUM GRANTSNANSHIP/COURSE PERSORALIZED FIRE PREVE FREIGHT TAX STATE OF CALIFORNIA° 000837 FRAN TAX RANCHO ARMY/MAW STORE RANCHO ARMY/NAVY STORE ACCIDENT RECONSTRUCTION FEDERAL SIGNAL CORPORAT SAN DIEGO SOFTWARE SOLU RUBBER KNEE BOOTS TgO RAINSUITS 5 YEAR SUBSCRIPTION TO RED/BLUE LIGHT BAR FOR LABOR SERVICE & REPAIR ACCOUNT NUMBER 191-2360 192-2360 193-2360 300-2360 320-2360 330-2360 001-2380 100-2380 190-2380 191-2380 192-2380 193-2380 300-2380 · . 320-2380 330-2380 001-2500 100-2500 190-2500 191-2500 192-2500 193-2500 300-2500 320-2300 330-2500 001-163-999-5258 001-171-999-5296 001-171-999-5296 001-171-999-5296 100-2140 001-166-999-5242 001-166-999-5242 001-170-999-5258 001-170-999-5214 320-199-999-5215 ITEM AIKXJNT 4.28 9.50 14.72 4.76 9.50 19.00 835.54 137.13 160.81 5.36 7.43 19.07 7.58 15.05 15.07 187.73 30.81 36.66 1.22 1.69 1.73 3.43 3,43 145.00 500.00 21.00 38.75 164.83 19,37 53.83 139.00 85.62 65,00 CHECK AMOUNT 2,300.58 145.00 164.83 73.20 139.00 85.62 65.00 10087 10087 10087 10087 10088 10088 04/08/93 04/08/93 04/08/93 04/08/93 04108193 04108193 04/08/93 000907 000907 000907 000907 000908 000908 000924 TENEOULA CAR WASH TEMECULA CAR WASH TENEOULA CAR WASH TEMIIINLA CAR WASH WOLFFE & ASSOCIATES MOLFFE & ASSOCIATES CAPPO OIL CHANGES AND CAR WAS OIL CHANGES AND CAR WAS OIL CHANGES AND CAR WAS OIL CHANGES AND CAR WAS INFO SELECT PROGRAM FOR TAX MEMBERSHIP DUES 310-164-999-5214 310-180-999-5214 310-162-999-5214 310-162-999-5214 001-170-999-5221 001-170-999-5221 001-140-999-5226 17.95 19.35 17.95 17.95 95.00 7.36 45.00 73.20 102.36 45.00 VOUCHREZ ~108193 16=00 10094 CZTY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 10090 0z,/08/93 000931 AROUND A BUCK 10091 04/08/93 0009~2 CONESTOGA HOTEL 10092 04/08/93 000933 10093 0~/08/93 00097~, 04/08/93 000935 ANERZCAN BANKER BOND BU ITEM DESCRIPTION TANK AND BASKET FOR EGG HOTEL/BASICS OF TRAFFIC CALIF. DEPT. OF TBANSPO VARIOUS PUBLICATIONS MCGRAW HILL OPEN CHANNEL HYDRAULICS RDA BOND COSTS TOTAL CHECKS ACCOUNT NUMBER 190-183-9~2-5300 001-163-999-5258 001-163-999-5228 001-163-999-5228 001-1990 ITEM AMOUNT 51.66 124.30 84.00 85.81 1,410.11 PAGE 9 CHECK N~OIJNT- 51.66 124.30 84.00 85.81 1,410.11 117,567.31 VOUCHRE2 0~//_1~5/93 16:54 CITY OF TENECtlLA VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE FUND TITLE 001 GENERAL FUND 100 GAS TAX FUND 190 CONNUNITY SERVICES DISTRICT 193 TCSD SERVICE LEVEL C 210 CAPITAL IMPROVENENT PROd FUND 250 CAPITAL PROJECTS - TCSD 280 REDEVELOPMENT AGENCY - 300 INSURANCE FUND 310 VEHICLES FUND 320 INFORNATION SYSTENS 330 COPY CENTER FUND TOTAL ANOUNT 192,071.66 475.64 4,832.27 172.83 4,308.00 306.47 405. O0 661.58 7~1,01 65.60 204,480.01 VOUCHRE2 CITY OF TEMECtJIJk 04/15/93 16:54 VOUCHER/CHECK REGISTER FOR ALL PERIOOS PAGE 2 VOUCHER/ CHECK CHECK VENDOR VENDOR iTEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER iTEM AleXIT CHECK AII34NT 10095 0~/13/93 000445 CITY OF TEMECULA 10096 04/14/93 000942 PLAZA THEATER TRANSFER FUNDS FOR 4/13 001-1010 PALM SPRINGS FOLLIES/2 190-183-938-5300 150,000.00 696.00 150,000.00 696.00 14261 03/09/93' 000341 WILLDAN ASSOCIATES NAP & PLAN CHECK SVCS/1 001-163-~-5249 14734 0/,/13/93 000642 CiTY OF TENECULA - FLEX FLEXIBLE BENEFITS P/R 4 001-1020 14734 04/13/93 000642 CITY OF TEMECULA - FLEX FLEXIBLE BENEFITS P/R 4 190-1020 14734 0~/13/93 000642 CiTY OF TENECULA - FLEX FLEXIBLE BENEFITS P/R 4 193-1020 14734 04/13/93 0006~2 CITY OF TEMECULA - FLEX FLEXIBLE BENEFITS P/R 4 300-1020 1473~ 04/13/93 000642 CITY OF TEMECtJLA - FLEX FLEXIBLE BENEFITS PIR 4 330-1020 10099 04/15/93 GILES, DICK GILES/REFUND INSP FEE 001-2670 26,027.~0 3,367.54 412.73 172.83 1.10 100.00 178.25 26,027.~0 4,054.20 178.25 10124 0~/15/93 000105 AEI SECURITYr INC. ALARM/TEEN CENTER/APRIL 190-182-999-5250 35.00 35.00 10125 04/15/93 000114 AT & T 732069-6034001ACCT MAR 320-1~-~-5208 31.15 31.15 10126 04/15/93 000120 BICKNELL TRAVEL CENTER AZR/LEACdJE OF CA MTG/NJ 001-140-999-5258 141.00 141.00 10127 04/15/93 000127 CALIFORNIAN TOOO710SM & TOOO725SN 001-120-~-5256 10127 04/15/93 000127 CALIFORNIAN OPEN PO FOR PUBLIC NOT/001-161-~-5256 10127 04/15/93 000127 CALIFORNIAN JOB RECRUITMENT ADS FOR 001-150-~-5254 10127 04/15/93 000127 CALIFORNIAN ENGINEER RECRUITMENT 001-150-gg9-5254 23.62 50.34 124.12 28.80 226. L* 10128 04/15/93 000128 CAL-SURANCE ASSOCIATES, AUTO PHYSICAL DAMAGE TO 300-199-999-5201 660.48 660.48 10129 04/15/93 000134 CBCI INTO TO CA STATUTES/TE 001-162-~9-5258 210.00 210.00 10130 04/15/93 000135 CENTRAL CITIES SIGN SER 144 BARRICADE BATTERIES 001-166-999-5242 10130 04/15/93 OOO135 CENTRAL CITIES SIGN SER TAX 001-166-999-5242 144.00 11.16 155.16 10131 04/15/93 000137 CHEVRON U.S.A. INC. FEB CHEVRON BILL/PLANNI 001-161-999-5262 10131 04/15/93 000137 CHEVRON U,S,A, INC, FEB CHEVRON BILL/CITY M 001-110-999-5263 10131 04/15/93 000137 CHEVRON U,S,A, INC, FEB CHEVRON BILL/PW 310-164-999-5214 10131 04/15/93 000137 CHEVRON U,S,A, INC, FEB CHEVRON BILL/B&S 310-162-999-5214 1013104/15/93 000137 CHEVRON U.S,A. INC. FEB CHEVRON/CN/REPAIRS 310-110-999-5214 10131 04/15/93 O0O137 CHEVRON U.S.A, INC. FEB CHEVROR/TCSD/REPAIR 310-180-999-5214 10131 04/15/93 000137 CHEVRON U,S,A. INC. FEB CHEVRON BiLL/POLICE 001-170-999-5262 10132 04/15/93 000155 DAVLIN AUOIO/VIDEO PROOUCTION 001-161-999-5250 10133 04/15/93 000170 FRANKLIN QUEST COMPANY 10242 ZIPPER BINDER NAV O01-162-ggg-5220 10133 04/15/93 000170 FRANKLIN QUEST COMPANY 10240 ZIPPER BINDER CHE 001-162-~-5220 10133 04/15/93 000170 FRANKLIN QUEST COMPANY 10239 ZIPPER BINDER BUR 001-162-~-5220 10133 04/15/93 000170 FRANKLIN QUEST COMPANY 4044 PAGE LIFTERS 001-162-~-5220 10133 04/15/93 000170 FRANKLIN GUEST COleANY 4176 PROJECT PACK 001-162-~-5220 10133 04/15/93 000170 FRANKLIN QUEST COMPANY 4022 MEETING PLANNER 001-162-~-5220 10133 04/15/93 000170 FRANKLIN QUEST CORPANY DOUBLE CHARGE FOR ORDER 001-162-~-5220 10133 04/15/93 000170 FRANKLIN QUEST COMPANY FREIGHT 001-162-~-5220 10133 04/15/93 000170 FRANKLIN QUEST COMPANY TAX 001-162L~-5220 12.96 78.12 25.00 85.81 521,71 158.49 77.69 154.20 54.95 54.95 109.90 4.00 3.25 2.75 229.80 9.00 36.32 959.?8 154.20 VOUCHRE2 07~5/93 VOUCHER/ CHECK NUMBER 10133 10133 10133 10133 10133 10133 10133 10133 10133 10133 10134 10134 10135 10135 10135 10135 10135 10135 10135 10135 lu1~6 10137 10138 10138 10139 10140 10141 10142 10142 10142 10143 10143 10143 10144 10144 10145 10145 16:54 CHECK DATE 04/15/93 04/15/93 04/15/93 04/15/93 0~/15/93 04/15/93 04/15/93 04/15/93 04115193 0~/15/93 0~/15/93 04/15/93 04/15/93 04/15/93 04/15/93 0~/15/93 04/15/93 04/15/93 04/15/93 0~/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 0~/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 VENDOR NUMBER 000170 000170 000170 000170 000170 000170 000170 000170 000170 000170 000177 000177 000186 000186 000186 000186 000186 000186 000186 000186 000186 000195 000201 000206 000206 000209 000210 000214 000218 000218 000218 000239 000239 000239 000243 000243 000249 000249 000249 VENDOR NAME FRANKLIN gUEST COMPANY FRANKLIN IJEST COI~AMY FRANKLIN gUEST COMPANY FRANKLIN gUEST COMPANY FRANKLIN gUEST COMPANY FRANKLIN gUEST COMPANY FRANKLIN gUEST COMPANY FRANKLIN QUEST COMPANY FRANKLIN gUEST COMPANY FRANKLIN gUEST COMPANY GLENNIES OFFICE PROI)UCT GLENHIES OFFICE PRODUCT HANKS HARDHARE HANKS HARDWAR~ HANKS HARDMARE HANKS HARDHARE HANKS HARDMARE HANKS HARDHARE NANKS NARDMARE HANKS HARDWARE HANKS HARDWARE ASCON HASLER MAILING SY JENNACO KINKO'S COPIES KINKO'S COPIES L & M FERTILIZER LEAGUE OF CALIF.CITIES LUNCH & STUFF CATERING MARILYN'S COFFEE SERVIC MARILYN'S COFFEE SERVIC NARILYN'S COFFEE SERVIC OLSTEN TEMPORARY SERV[C OLSTEN TEMPORARY $ERVIC OLSTEN TEMPORARY $ERVIC PAYLESS DRUG STORE PAYLESS DRUG STORE PETTY CASH PETTY CASH PETTY CASH CITY OF TENEOULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 1235 DELUXE FILLER WITH 9'55 MASTER FILLER CHARGES FOR DOUBLE ORDE FREIGHT TAX CREOIT ON DOUBLE BILLIN CREDIT/OOUBLE ORDER MASTER FILLER APR93-NAR REPLACE FILLER APR93-NA TAX TABS,RIBBON & BOOK NISC OFFICE SlJPPLIES EMERGENCY SUPPLIES NlSC NAINT SUPPLIES MARCH INVOICES LINE MARKER CHALK FRE I GNT TAX HAMMER & 2 SHOVELS MlSC SUPPLIES HOOKS & LATCHES RENTAL 5/93-7/93 & RESE TEEN CENTER CLEANING L/iN[MATE AND STAT CARDS REPAIRS MADE TO TRASH P CITY CLERKS~ HANDBOOK OPEN P,O. FOR CATERING COFFEE SUPPLIES COFFEE SERVICE; CITY HA COFFEE SUPPLIES FOR CIT OPEN P.O. FOR TEMPORARY TEMPORARY SERVICES PROV HYSlMN WEEK END 03/07/9 FILM PROCESSING SERVICE POLAROID 600 2 PACK CITY PETTY CASH CITY PETTY CASH CITY PETTY CASH ACCOUNT NUMBER 001-162-999-5220 001-162-999-5220 001-162-999-5220 001-162-999-5220 001-162-999-5220 001-162-999-5220 001-162-999-5220 001-161-999-5220 001-161-999-5220 001-161-999-5220 001-140-999-5220 190-180-999-5220 001-166-999-5242 100-164-999-5218 001-199-999-5242 190-183-905-5300 190-183-905-5300 1~0-183-905-5300 190-183-905-5300 100-164-999-5218 001-166-999-5242 330-199-999-5581 190-182-999-5212 330-199-999-5222 330-199-999-5222 100-164-999-5215 001-120-999-5228 001-100-999-5260 001-199-999-5250 001-199-999-5250 001-199-999-5250 001-120-999-5118 001-166-999-5118 001-166-999-5118 190-180-999-5250 001-162-999-5222 001-100-999-5260 001-140-999-5220 001-150-999-5260 ITEM AMOUNT 79.95 77.85 157.80 4.20 24.78 170.03- 249.23 - 25.95 19.95 9.97 B.95 39.68 155.51 45.91 133.52 142.50 15.00 11.0~ 19.90 45.18 6.97 Z33.25 400.00 5.30 51.40 296.05 75.00 56.00 46.51 19.19 110.07 331.41 278.97 67.12 5.38 23.69 17.~ 7.78 108.48 PAGE 3 CHECK AMOUNT 486.11 113.63 575.53 233.25 400. O0 56.70 296.05 75.00 56. O0 175.77 677.50 29.07 VOUCHRE2 04/15/93 VOUCHER/ CHECK NLIHBER 10145 10145 10145 10166 10146 10147 10147 10147 10148 10148 10149 10150 10150 10151 10151 10151 10151 10151 10151 10151 10151 10151 1015~ 10151 10152 10152 10153 10153 10153 10153 10156 10155 10155 10155 10156 10157 10158 16:54 CHECK DATE 0~/15/93 04/15/93 04/15/93 04/15/93 0~/15/93 0~/15/93 04/15/93 04/15/93 0~/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 0~/15/93 04115193 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04115193 VENDOR NtliER 000249 000249 000249 000254 000254 000266 000266 000266 000280 000280 000305 000306 000306 000307 000307 000307 000307 000307 000307 000307 000307 000307 000307 000307 000320 000320 000326 000326 000326 000326 000339 000341 0003/,1 0003~1 000352 00036~ 000370 VENDOR RANE PETTY CASH PETTY CASH PETTY CASH PRESS ENTERPRISE PRESS ENTERPRISE RIGHTgAY RIGHTgAY RIGHTgAY SC SIGNS SC SIGNS TARGET STORE, TEMECULA VALLEY PIPE TEMECULA VALLEY PIPE TEMECULA TROPHY TEMECULA TROPHY TEMECULA TROPHY TENECULA TROPHY TEMECULA TROPHY TEMECULA TROPHY TENECULA TROPHY TEMECULA TROPHY TEMECULA TROPHY TENECULA TROPHY TENECULA TROPHY TO~N CENTER STATIONERS TO~ CENTER STATIONERS UNITOG RENTAL SERVICE UNITOG RENTAL SERVICE UNITOG RENTAL SERVICE UNITOG RENTAL SERVICE WEST PUBLISHING COMPANY gILLDAN ASSOCIATES gILLDAN ASSOCIATES gILLDAN ASSOCIATES RIVERSIDE, COUNTY ASSES GREEK, JUNE S. BIRDSALL, PATRIC]A CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION CITY PETTY CASH CITY PETTY CASH CITY PETTY CASH TCSD RECRUITMENT ADS GENERAL PLAN AD RUN 11/ VETERANS PK/APRIL PORTA SPORTS PARK/APRiL M3RTA HICKS PARK/APRIL POeTAR PLANNING PUBLIC HEARING CITY COUNCIL NTGS POSTI SUPPLIES NANDSAW & NISC HARDWARE NISC HARDWARE STOCK RIBBONS/TEEN FEST FIRST PLACE TROPHIES FO ENGRAVING FOR 1ST PL TR SECOND PLACE TROPHIES F ENGRAVING FOR 2ND PL, T 30X DISCOUNT TAX TROPHIES AND ENGRAVING: AgARDS FOR SENIOR BAKE TAX 1ST, 2RD & 3RD TROPHIES MISC PgOFFICE SUPPLIES MISC Pg OFFICE SUPPLIES KIRK & CURALL UNIFORMS STERLING & REED UNIFORM STERLING & REED UNIFORM STERLING &REED UNIFORM ACCT # 571-5rr-35o PUBL CREDIT fiENO/SEE BACK UP FINAL BILL/PUJOL & FIRS CONSULTING SERVICES TO 25 NAP COPIES/G. KING SCCCA MEETING CONFERENCE 3/3-3/10 ACCOUNT NUMBER 001-161-999-5260 001-163-999-5260 320-199-999-5220 001-150-999-5254 001-161-999-5256 190-180-999-5238 190-180-999-5238 190-180-999-5238 001-161-999-5256 001-120-999-5256 190-180-999-5300 190-180-999-5212 190-180-999-5212 190-182-999-5300 190-183-933-5300 190-183-933-5300 190-183-933-5300 190-183-933-5300 190-183-933-5300 190-183-933-5300 190-180-999-5300 190-183-964-5300 190-183-964-5300 190-182-999-5300 001-163-999-5220 001-163-999-5220 100-164-99~-5243 190-180-9~-5243 190-180-~9~-5243 190-180-~-5243 001-120-999-5228 001-163-999-5249 100-164-999-5248 210-199-801-5802 190-180-999-5224 001-120-999-5258 001-100-999-5258 ITEM AMOUNT 59.73 32.30 3~.45 573.42 170.1~ 57.39 229.55 114.78 315.00 45.00 20.61 16.31 22.68 29.10 197.10 106.20 153. O0 106.20 63.72- 38.66 160.66 81.06 6.29 25.86 376.73 549.31 12.50 13.60 13.60 13.60 176.51 416.23- 76.00 750. O0 12.50 20.59 36~.30 PAGE CHECK AMOUNT 260.56 743.46 401.72 360.00 20.61 840.41 926.0~ 53.30 176.51 409.77 12.50 20.59 36~.30 VOUCHRE2 ,~.,~5/93 VOUCHER/ CHECK NtJN8ER 10159 10159 10159 10159 10159 10159 10159 10159 10160 10161 10161 10162 10162 10162 10163 10163 10164 10166 10166 10167 10168 10168 10168 10168 10169 10169 10169 10170 10171 10172 10172 10173 10174 16:54 CHECK DATE 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04115193 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 VENDOR NUMBER 000]?4 000374 000374 000374 0003?4 0003?4 000374 000374 000414 '000423 O004B 000481 000481 000481 000512 000512 000519 000542 000580 000580 00058~ 000643 000643 000643 000643 000648 000648 000648 000653 000656 000659 000659 000770 000815 000820 VENDOR NAME SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CAL]F EDISON LONGS DRUG STONE H & H CRAFT & FLORAL SU H & H CRAFT & FLORAL SU GEOTECHN/CAL & ENVIRONM GEOTECHNICAL ~ ENVIRONM GEOTECHNICAL & ENVIRONM CADET UNIFORM CADET UNI FORM SOUTH COUNTY PEST CONTR DISNEYLAND PHOTO WORKS PHOTO WORKS RANCHO RUNNERS FORTNER HARDWARE FORTNER HARDWARE FORTNER HARDWARE FORTHER HARDWARE BANANA BLUEPRINT BANANA BLUEPRINT BANANA BLUEPRINT LUCKY STORE TEMPLETON PLANNING GROU LIGHTFOOT PLANNING GROU LIGHTFOOT PLANNING GROU UCR EXTENSION ROgLEY, CATHERINE WINCHAK, KRIS CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION 2/19-3/23 02/19/93-03/23/93 02/19/93-03/23/9'~J 02/19/93-03/23/93 02/19/93-03/23/93 02/19/93-03/23/93 02/19/93-03/23/93 02/19/93-03/23/93 POLAROID 600 TWIN PACK GLUE/PAPER/RIBBON/PLACE EASTER SlIPPLIES PRELIMINARY GEOTECHNICA PREVIOUSLY PAID CK 1058 PROJECT 212301-22 $ENIO ENTRY RUG SERVICE; CITY ENTRY RUG SERVICE; CITY MARCH SERVICE 28 PASSPORTS TO PARK ALBUM/FILM/DEVELOPMENT REPRINTS,& FILM 3/16-4/1 MESSENGER SERV 1606 120Z PEI/rER GRAY 3/16 WIRE ROPE CLIP MISC SUPPLIES/TCSl) MISC SUPPLIES FOR TCSD JON 559-00-4 JOBS 48017.2 & 48023.2 44027 & 48023.2 COOKIE MONSTER SUPPLIES PREPARE REDEVELOPMENT PROFESSIONAL SERVICES R PROFESSIONAL SERVICES R EASEMENTS & LAND USE CO CONTRACT CLASS TAP/JAZZ NAP CK/3/24-3~1 ACCOUNT NUMBER 001-199-999-5240 001 - 199-999-5240 001 - 199-999-5240 001-199-999-52/d) 001-199-999-5240 001-199-999-524.0 001-199-999-5240 001 - 199-999-5240 190-180-999-5220 190-180-999-5300 190-180-999-5300 210-190-131-5700 210-190-131-5700 210-199-801-5804 001-199-999-5250 001-199-999-5250 001-199-999-5250 001-2172 190-180-~-5300 190-180-9~-5300 001-140-999-5210 190-180-999-5212 190-180-999-5212 190-180-999-5212 190-180-999-5212 250-190-129-5802 250-190-129-5802 250-190-129-5802 190-183-968-5300 280-199-999-5250 190-180-999-5250 190-180-999-5250 190-180-999-5258 190-183-803-5300 001-16S-999-5249 ITEN AMOUNT 417.95 879.79 705.64 77.34 124.69 254.20 414.96 128.43 19.49 12.18 32.06 · 3,950.00 555.00' 163.00 ~.25 34.25 42.00 565.00 98.58 97.14 200.00 3.58 2.27 41.28 316.83 253.13 16.43 36.91 30.00 405.00 288.00 12.00 145.00 41.60 775.00 PAGE 5 CHECK AMOUNT 3,003.00 19.49 3,558.00 68.50 42.OO 565.00 195.72 200.00 363.96 306.47 30.00 405.00 300.00 145.00 41.60 775.00 VOUCHRE2 04/15/93 VOUCHER/ CHECK NUMBER 10176 10177 10177 10177 10177 10177 10178 1017~ 1017V 1017~ 10180 10181 10182 16:56 CHECK DATE 04/15/B 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04/15/93 04115193 04/15/93 0~/15/93 VENDOR NUHBER 000825 000894 0008~ 000894 000894 000894 000915 000916 000~16 000~16 000936 000938 oo0939 TEMECULA CYCLES PRESEHTATZOR PROOUCTS PRESENTAT[ON PROOUCTS PRESENTATION PRODUCTS PRESENTATION PRCOUCTS PRESENTAT]OR PRODUCTS NATIONAL NOTARY ASSOCIA BANK OF AHERICA - CC BANK OF AMERICA - CC BANK OF AMERICA - CC ANER I CAN RED .CROSS FOXBRIAR FARNS ICBO-INLAND EHPIRE CHAP CITY OF TEHECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION REPAIR POLICE HOTORCYCL ACCENT LABELING SYSTEH VARIETY PACK FREIGHT TAX TAX NOTARY CERTIFICATES 47~80200000107~9 MARCH 4798020000010815 MARCH LATE CHARGE STANDAND FIRST AID FOR HORSEMANSHIP CLASS PAYH 1~ MEMBERSHIP ACCOUNT NUMBER 001-170-999-5214 001-161-~-5602 001-161-~-5220 001-161-~-57.20 001-161-~-5&02 001-161-~-5220 001-120-~-5220 001-120-~-5258 001-100-~-5258 001-166-~-5450 190-183-970-5300 1~0-183-818-5300 001 - 162-~- 5226 ITEM AHOUNT 216.86 728.06 125.00 10.65 57.21 8.90 19.45 91.56 1,205.97 10.00 4,80.00 80.00 50.00 PAGE 6 CHE~ N4OUNT 216.86 929.82 19.45 1,307.53 480.00 80.00 '50.00 TOTAL CHECKS 204,4,80.01,....,,,~ VOUCHRE2 0A/22/93 15:23 CZTY OF TEHECULA VOUCHER/CHECK REGISTER FOR ALL PER](])S PAGE 8 FUND TITLE 001 GENERAL FUND 100 GAS TAX FUND 190 CONNUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 'TCSD SERVICE LEVEL C 210 CAPITAL INPROVENENT PROJ FUND 300 INSURANCE FUND 310 VEHICLES FUND 320 INFORIqATZON SYSTENS 330 COPY CENTER FUND TOTAL ANOUNT 60,669.89 10,168.93 29,729.51, 2,726.53 327.39 22,926.93 1,651,366.25 1,60~ 352.76 1,36;P.26 3,807.93 1,784,620,87 VOUCHRE2 04/22/93 15:23 CiTY OF TEMECIJLA VOUCHER/CHECK REGISTER FOR ALL PER ZOOS PAGE 2 VOUCHER/ CHECK NUHBER 10121 222485 222485 222485 222485 222485 222~85 222485 222485 222485 222485 222485 222485 222485 222485 222485 2224,85 222485 251424 251424 251424 251424 251424 251424 251424 251424 251424 251424 251424 251424 251424 251424 251424 251424 251424 10186 10187 10187 10187 10188 10188 10188 10189 10190 CHECK DATE 04/21/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/~3 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04122193 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 VENDOR NUMBER 000954 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000283 000444 000444 OOO~ 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000444 000126 000126 000126 000127 000127 000127 000131 000135 VENDOR NAE FIRST INTERSTATE BANK BANK OF AHERICA BANK OF AMERICA BANK OF AMERICA BANK OF AHER I CA SANK OF AHERICA BANK OF AHERICA BANK OF AMERICA BANK OF AMERICA BANK OF AMERICA BANK OF AMERICA BANK OF AMERICA BANK OF ANER/CA BANK OF AMERICA BANK OF ANERI~:A BANK OF AMERICA BANK OF A~ERICA BANK OF AMERICA EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT EMPLOYMENT ITEM DESCRIPTION BARNES, VICKI PARICVIEM PROPERTY/ROSEU 000283 FICA/NED 000283 FIr, A/NED 000283 FICA/MED 000283 FICA/MED 000283 FICA/NED 000283 FICA/MED 000283 FICA/NED 000283 FICA/MED 000283 FICA/NED 000283 U$IT 000283 USIT 000283 USIT 000283 USIT 000283 USIT 000283 USlT 000283 USIT 000283 USIT DEVELOPMENT 000~ CAIT DEVELOPHENT 00{)4/+4 CAIT DEVELOPHENT 0004~ CAIT DEVELOPRENT 000444" CAIT DEVELOPHENT 000~ CAIT DEVELOPMENT 000/~ CAIT DEVELOPHENT OOO~ CAIT DEVELOPMENT 000/~ CAIT DEVELOPMENT 000444 SOl DEVELOPMENT 000444 SOl DEVELOPMENT 000,~ DEVELOPHENT 000444 SOl DEVELOPMENT 000~ DEVELOPMENT OOCt~4~ SOl DEVELOPMENT 000444 SOl DEVELOPMENT 000444 SOl DEVELOPMENT 000444 CALIFORNIA LANDSCAPE CALIFORNIA LANDSCAPE CALIFORNIA LANDSCAPE CALIFORNIAN - LEGAL CALIFORNIAN - LEGAL CALIFORNIAN - LEGAL CARL MARREN & CO. CENTRAL CITIES SIGN SER BARNES, VICKI REFUND MARCH MAINTENANCE MARCH MAINTENANCE HARCH MAINTENANCE OPEN PO FOR PUBLIC NOTI ADVERTISEMENT FOR TEEN OPEN PO FOR PUBLIC NOTI I N SURAN CE 6 VOLT BARRICADE BATTER ACCOUNT NUMBER 210-1~-128-5700 001-2070 100-2070 1~0-2070 191-2070 192-2070 193-2070 300-2070 320-2070 330-2070 001-2070 100-2070 190-2070 191 - 2070 193-2070 300-2070 320-2070 330-2070 001-2070 100-2070 190-2070 191-2070 193-2070 300-2070 320-2070 330-2070 001-2070 100-2070 190-2070 191-2070 192-2070 193-2070 300-2070 320-2070 330-2070 190-183-4950 190-180-999-5250 191-180-~99-5510 193-180-999-5510 001-161-999-5256 1~0-180-999-5254 001-161-~99-5256 300-199-999-5205 001-166-999-5242 ITEM Affi:XJNT 1,669,331.25 2,229.97 422.84 553.16 13.88 21.98 49.74 21 41.08 39.9O 9,415.53 1,990.49 2,029.00 65.28 184.03 92.55 226.70 82.49 2,355.63 423.12 417.92 15.37 31.92 21.71 48.29 16.34 947.75 189.55 247.95 6.22 9.85 22.30 18.41 17.89 3.00 10,029.30 561.00 21,758.16 72.79 307.83 258.18 40.38 72.00 CHE~ 1,649,331.25 17,478.35 4,799.Q5 3.00 32,328 · 46 658.80 40 38 --,~, VOUCHRE2 04122193 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK NUfiBER 10190 10190 10191 10191 10191 10191 10191 10192 10193 10193 10193 10193 10194 10195 10195 10196 ,-m496 ~6 10196 10196 10196 10196 10196 10196 10196 10197 10197 10197 10197 10197 10197 10197 10197 10197 10197 10197 10198 101<~ 101~ 101~ CHECK DATE 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04122193 04122193 04122193 04122193 04/22/93 04/22/93 04/22/93 '04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04122193 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 VENDOR NLNBER 000135 000135 000137 000137 000137 000137 00013? 000146 000155 000155 000155 000155 000165 000171 000171 000174 000174 000174 000174 000174 000174 000174 000174 000174 000174 000174 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000177 000184 000194 000194 000194 000194 VENDOR MANE CENTRAL CITIES SIGN SER CENTRAL C%TIES SIGN SER CHEVRON U.S.A. INC. CHEVRON U.S.A, INC. CHEVRON U.S.A. INC. CHEVRON U.S.A. INC. CHEVRON U,S,A, INC, COUNTS UNLIMITED DAVLIN DAVLIN DAVLIN DAVL]N FEDERAL EXPRESS GARDNER & ASSOCIATES GARDNER & ASSOCIATES GET PAGED GET PAGED GET PAGED GET PAGED GET PAGED GET PAGED GET PAGED GET PAGED GET PAGED GET PAGED GET PAGED GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PROOUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GLENHIES OFFICE PRODUCT GTE ICHA RETIREMENT ICNA RET]REMENT ICMA RETIREMENT ICNA RETIREMENT ITEM DESCRIPTION TAX STOCK; "RESERVED FOR CI CHEVRON CREDIT CARDINAR CHEVRON CREDIT CAED/HAR CHEVRON CREDIT CARD/MAR CHEVRON CREDIT CARD/MAR CHEVRON CREDIT CARD/MAR TRAFFIC _~3e_JNTS PROGRAM AUDIO/VIDEO PRODUCTION MAR Z) MEETING AUDIO/VIDEO PROOUCTION AUDIO/VIDEO PRODUCTION SH]PP]NG TO 1OU MEDICAL 5000; FOIL JR. FIRE FIG TAX CREDIT FOR DONNED A]RTI TCSD PAGERS/RENTAL CHAR 3 PAGERS FOR B & S PAGER RENTAL FOR ONE YE PAGER FOP STUART HANGUS PAGER$; PUBLIC MOllKS DE THO PAGERS FOR TRAFFIC TMO PAGERS FOR TRAFFIC TkK) PAGERS FOR TRAFFIC PAGER FOR POLICE DEPT. PAGER FOR ROP RUBERTS, APPT BOOK FOR CH OFFICE RISC OFFICE SUPPLIES ~ALLET FOLDER V/FASTENER TE-B66-PY 5-SHELF BOOK TAX OPEN P,O, TCSD; APPROVE OPEN P,O. TCSD; APPROVE OPEN P,O, TCSD; APPROVE OPEN P,O, BUILDING & SA RETURNED FOLDERS 909-699-8612 APRIL INSURANCE PREMIUM APRIL INSURANCE PREMIUM APRIL INSURANCE PREMIUM APRIL INSURANCE PREMIUM APRIL ACCOUNT NUHBER 001-16&-~-5242 100-164-~-52~ 001-170-~-5262 001-110-9~-5263 310-180-999-5214 1~0-180-~-5263 001-166-~-5263 001-163-999-5250 001-100-~-5250 001-1990 .001-100-999-5250 001-100-~-5250 001-110-~-5230 001-171-999-5296 001-171-gg9-5296 190-180-999-5238 190-180-~4~-5238 001-162-~-5238 320-1~-~-5238 100-164-~-5238 100-164-9~9-5238 001-170-~-5242 001-140-~-5250 100-164-~-5238 001-170-9q~-5242 001-100-99~-5250 001-110-~4~-5220 001-110-~-5220 001-110-~-5220 001-110-9~-5220 001-163-~-5242 001-163-~-5242 190-180-999-5220 190-180-~-5220 190-180-~-5220 001-162-9~9-5220 001-110-~-5220 320-1~-~-5208 001-2080 100-2080 190-2080 191-2080 ITEM AMIXJNT 5.58 601.03 76.93 15.40 253.39 19.87 2,32 600, O0 510.73 765,87 510,73 765.4~ 15.25 232,20 18,00 2,56- 88,00 33. O0 11,00 11,00 ~4,00 7.33 7.33 7.3~ 11,00 11,00 17,78 132,27 6.56 30.53 142,~5 11,08 33.40 5.69 4.76 36.23 29. 17,11 7,134.83 1,025.68 1,456.00 62.38 CHECK AMOUNT 678.61 367.91 600.00 2,552.77 15,25 250,20 228,/~ 390.16 17,11 VOUCHRE2 0/,122193 15: 23 C/TY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PER/ODS PAGE 4 VOUCHER/ CHECK CHECK NUMBER DATE 10199 04/22/93 10199 0/,/22/93 101~ 04/22/93 101~ 04/22/93 10200 04/22/93 10200 04/22/93 10200 04/22/93 10201 04/22/93 10202 04/22/93 10203 04/22/93 10204 04/22/93 10204 04/22/93 10204 04/22/93 10204 04/22/93 10205 04/22/93 VENDOR NIJHBER 000194 0001~. O001W, 000194 000206 000206 000206 000209 000218 000239 000241 000241 000241 000241 000243 VEIl)OR NAME [CNA RETIREMENT ICNA RETIREMENT ]OlA RETIREMENT ]CHARETIREMENT KINKO'S COPIES KINKO'S COPIES KINKO'S COPIES L & N FERTILZZER HARILYN'S COFFEE SERVIC OLSTEN TENPORARY SERVIC ORANGE SPORTikG GOal)S ORANGE SPORTING GOODS ORANGE SPORTING GOOD~ ORANGE SPORTING GOCOS PAYLESS DRUG STORE ITEM DESCRIPTIOR INSIJRANCE PREMIUM APRIL INSURANCE PREMIUM APRIL INSURANCE PREMIUM APRIL ' INSURANCE PRENIUI4 APRIL OPEN P.O. FOR MZSC. GER OPEN P.O. FOR MISC. SER OPEN P.O. FOR MISC. SER MISC. MAINTENANCE SUPPL OPEN P.O. FOR COFFEE SE HYSNAN klEEK END 03/21/9 DE BEER TC 12 ~FT~LLS TAX TAX TAX FILM PROCESSING SERVZCE 10206 04/22/93 000246 PERS EMPLOYEES' RETIREM 000246 PER REDE 10206 04/22/93 000246 PERS EMPLOYEES' RETIREN 000246 PER RIDE 10206 04/22/93 O002A& PERS EMPLOYEES, RETIREM 00024,6 PERS RET 10206 04/22/93 000246 PERS EMPLOYEES' RETIREM 000246 PERS RET 10206 04/22/93 000246 PERS EMPLOYEES' RETIREM 0002/~ PERS RET 10206 04/22/93 0002/,6 PERS EMPLOYEES' RETIREM 000246 PERS RET 10206 04/22/93 000246 PERS EMPLOYEES' RETIREM 000246 PERS RET 10206 04/22/93 000246 PERS EMPLOYEES' RETIREN 000246 PERS RET 10206 04/22/93 000246 PERS EMPLOYEES' RETIREM 0002/,6 PERS RET 10206 04/22/93 000246 PERS EMPLOYEES, RET/REM 0002/,6 PERS RET 10206 04/22/93 000246 PERS EMPLOYEES' RETIREN 000246 PERS RET 10206 04/22/93 000246 PERS EMPLOYEES' RETIREM 000246 SURVIVOR 10206 04/22/93 0002/,6 PERS EMPLOYEES' RETIREM 000246 SURVIVOR 10206 04/22/93 000246 PERS EMPLOYEES' RET]REM 0002~6 SURVIVOR 10206 04/22/93 0002~6 PERS EMPLOYEES' RETIREM 000246 SURVIVOR 10206 04/22/93 0002~6 PERS EMPLOYEES' RETIREM 0002/,6 SURVIVOR 10206 04/22/93 000246 PERS EMPLOYEES' RETIREM 000246 SURVIVOR 10206 04/22/93 0002~6 PERS EMPLOYEES' RETIREN 0002/,6 SURVIVOR 10206 04/22/93 0002~6 PERS EMPLOYEES' RETIREN 000246 SURVIVOR 10206 04/22/93 000246 PERS EMPLOYEES' RET]REM 000246 SURVIVOR PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH PETTY CASH 000249 000249 000249 000249 000249 000249 000249 000249 10207 04/22/93 10207 04/22/93 10207 04/22/93 10207 04/22/93 10207 04/22/93 10207 04/22/93 10207 04/22/93 10207 04/22/93 PETTY CASH/TCSD PETTY CASH/TCSD PETTY CASH/TCSD PETTY CASH/TCSD PETTY CASH/TCSD PETTY CASH RE]ll PETTY CASH REIMB PETTY CASH REIMB ACCOUNT NUN!IER 193-2080 320-2080 330-2080 330-1~-;-5222 330-1~-~'~-5222 530-1~-;-5222 100-164-~-5218 001-1~-~-5250 · 001-166-~-5118 190-183-905-5300 190-183-905-5300 190-183-905-5300 190-183-905-5300 1~0-180-~-5250 001-2130 100-2130 001-2390 100-2390 190-2390 191-2390 192-2390 193-2390 300-2390 320-2390 330=2390 001-2390 1 O0 - 2390 191-2390 192 - 2390 193-2390 300-2390 320-2390 330-2390 190-182-999-5300 190-183-942-5300 190-183-964-5300 190-18~-933-5300 190-181-999-5300 190-182-999-5300 190-183-819-5300 190-183-809-5300 ITEM AIIXINT 76.24 38.05 462.02 100.00 10.51 2.10- 55.10 32.25 78.60 335.60 462.00 7.4~ 18.16 10.17 6.63 42.~ 171.~ 10,5~.12 1,770.12 2,117,~ 69.12 245.46 ~.65 201.~ 186.11 /4.8.61 8.59 12.~ 1.~ .46 1.86 37.71 21.71 32,36 13.76 6.96 64.46 38.57 15,75 CHECK NI31JNT- 10,355.20 63.51 32.25 78.60 335.60 497.81 6.63 15,645.48 231.2f VOUCHRE2 04/22/93 15:23 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK NUMBER 10208 10208 10209 10209 10209 10210 10211 10211 10212 10212 10213 10213 10215 10213 10214 10214 15 10216 10216 10217 10217 10218 10219 10219 10219 10219 10219 10219 10219 10219 10219 10219 10219 10219 10219 10219 10219 10219 \ CHECK DATE 04122193 04122193 04/22/93 04/22/93 04122193 04/22/93 O4/22/93 04/22/93 04/22/93 04122193 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04122193 04/22/93 VENDOR VENDOR ITEM ACCOUNT ITEM NUMBER NAME DESCRIPTION NUMBER AMOUNT 000254 000254 000260 000260 000260 000271 000291 000291 000306 000306 000325 000325 000325 000325 000326 000326 000341 000341 000345 000345 000347 000347 000353 000374 000374 000374 000374 000374 000374 000374 000374 000374 000374 000374 000374 000374 000374 000374 000374 00O374 PRESS ENTERPRISE PRESS ENTERPRISE JOe RECRUITMENT ADS TO JOe RECRUITMENT ADS SAN RAN-TEC RUBBER STAMP MF RAN-TEC RUBBER STAMP NF RAN-TEC RUBBER STAMP MF RUBBER STANP FOR CONSTR TAX ROBERT BEIN, MN FROST & CONSTRUCTION SERVICES T SPEE DEE OIL CHANGE & T REPAIR & HAINTENANCE;VE SPEE DEE OIL CHANGE & T REPAIR & NAINTENANCE;VE TENECULA VALLEY PiPE TEMEOULA VALLEY PiPE UN:ITED WAY OF THE INLAN UNITED WAY OF THE INLAN UNITED WAY OF THE ]NLAN UNITED WAY OF THE INLAN PVC CAP S 2" FIELD IRRIGATION REPAIR 000325 UM 000325 tN 000325 UU 000325 tN UNITOG RENTAL SERVICE UNITOG RENTAL SERVICE KIRK & OURALL UNIFORMS STERLING & REED UNIFORM MILLDAN ASSOCIATES WILLDAN ASSOCIATES FINAL BILL FUJOL & FIRS DHAFT[NG/SEMIOR CENTER XEROX CORPORATION BILLI 6R258; 5100 COPIER TONE XEROX CORPORATION BILL] TAX ZEE MEDICAL SERVICE ZEE MEDICAL SERVICE FIRST AID KIT FOR TRUCK TAX RIVERSIDE, COUNTY AUDIT PARCEL COPIES SOUTHERN CALIF EDISON SOUTHERN CALXF EDISOR SOUTHERN CALIF EDISON SOUTHERN CAL[F EDISON SOUTHERN CALIF EDISON SOUTHERN CAL]F EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CAL]F EDISON SOUTHERN CAL]F EDISON SOUTHERN CALI.F EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON 03/02'03/30/93 03/02-03/30/93 03/02-03/30/93 03/02-03/30/93 03/02-03/30/f3 03/06-04/02/93 03/04-04/01/93 03/05-04/01/93 02/03-03/05/93 03/05 - 04/01/93 03/04-04/01/93 03/04-04/01/93 02/05-03/08/93 2/11-3/12 2/11-3/12 2/11-3/12 02/11-03/12/93 001 - 150-999-5254 190-180-999-5254 190-180-999-5220 001-162-999-5220 001-162-999-5220 210-199-801-5804 310-164-999-5214 310-180-999-5214 190-180-999-5212 190-180-999-5212 001-2120 100-2120 190-2120 300-2120 100-164-999-5243 190-180-999-5243 100-164-999-5248 210-199-801-5802 330-199-999-5583 330-199-999-5583 100-164-999-5242 100-1&~-999-5242 190-180-999-5250 191-180-999-5240 193-180-999-5240 191-180-999-5500 193-180-999-5240 191-180-999-5500 191-180-999-5500 190-180-999-5240 190-180-999-5240 190-180-999-5240 191-180-999-5500 191-180-999-5500 191-180-999-5500 193-180-999-5240 193-180-999-5240 190-180-999-5240 193-180-999-5240 193-180-999-5240 323.83 323.84 36.6~ 31.00 2.40 900.00 25.06 70.31 1.69 63.54 77.25 9.25 17.50 .50 12.50 13.60 76.00 750.00 750.00 58.13 49.95 3.87 70.00 40.02 12.04 40.50 12.04 154.75 187.57 12.04 1,306.&0 1,058.84 111.55 119.83 119.62 13.~ 12.47 12.47 12.47 12.47 CHECK AMOUNT 647.67 ?0.04 900. O0 95.37 65.23 104.50 26.10 826.00 808.13 53.82 70.00 VOUCHRE2 04/22/93 VOUCHER/ CHECK NUMBER 10219 10219 10219 10219 10219 10219 10219 10219 10219 10219 10219 10219 10219 10219 10219 10219 10220 10220 10220 10220 10220 10220 10220 10220 10220 10220 10220 10220 10220 10220 10220 10221 10222 10222 10222 10223 10224 10224 10225 10226 10226 10227 15:23 CHECK DATE 04122193 04122193 04122193 04122193 04122193 04122193 04122193 04122/93 04/22/93 04/22/93 04/22/93 04122193 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04122193 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 04/22/93 VENDOR NUMBER 000376 000374 000376 000374 000374 000374 000374 000374 000376 000374 000374 000374 000374 000374 000374 000374 000375 000375 000375 000375 000375 000375 000375 000375 000375 000375 000375 000375 000375 000375 000375 000384 000389 000389 000389 000408 000420 000420 000423 000426 000426 000428 VENDOR NAME SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALZF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CAL]F EDISON SOUTHERN CALZF ED]SOR SOUTHERN CAL[F EDZSOR SOUTHERN CALIF ED[SOR SOUTHERN CALIF EDISON SOUTHERN CALIF BISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALI~ EDISON SOUTHERN CALIF TELEPHOR SOUTHERN CALIF TELEPHON SOUTHERN CAL]F TELEPHON SOUTHERN CALIF TELEPHON SOUTHERN CALIF TELEPHOR SOUTHERN CALIF TELEPHOR SOUTHERN CALIF TELEPHOR SOUTHERN CALIF TELEPHON SOUTHERN CALIF TELEPHOR SOUTHERN CALIF TELEPHOR SOUTHERN CALIF TELEPHOR SOUTHERN CALIF TELEPHON SOUTNERN CALIF TELEPHON SOUTHERN CALIF TELEPHON SOUTHERN CALIF TELEPHON LAH/CRANDALL, INC. USCM USCN USCN AGRICREDIT ACCEPTANCE C TRANS-PACIFIC TRANS-PACIFIC H & H CRAFT & FLORAL SU RANCHO INDUSTRIAL SUPPL RANCHO INDUSTRIAL SUPPL HORIZON HATER CITY OF TEMEOULA VOUCHER/CHECK REGISTER FOR ALL PER[OOS ITEH DESCRIPTION 2/11-3/12 2/11-3/12 02/22-03/22/93 02/22-03/22/93 2/22-03/23/93 2/22-3/23 2/22-3/23 02/22 - 03/23/93 02/22-03/23/93 02122-03123193 02/22-03/23/93 02/22-03/23/93 02/22-03/23/93 02123-03126193 02/25 - 03/25/93 02/25-03/25/93 90~-202-4204 tIE 909-202-4753 BH 909-202-4754 KH 9~)9-202-6755 CITY VAN ~0~-202-4757 JG 909-202-4758 RR ~0~-202-4759 TE 909-202-4761SN 909-202-6762 RP 909-202-476~ PB 909-202-4764 JH 909-202-4765 BB 909-202-4769 JS 909-202-4770 DD 714-287-4994 JG AMENDMENT TO P.O. #1300 000389 PT RETIR 000389 PT RETIR 000389 PT RET[R TRACTOR LEASE PROFESSIONAL SERVZCES; PROFESSIONAL SERVXCES; OPEN P.O. RECREATION SU OPEN P.O. MISC. JANITOR OPEN P.O. FOR JANITORXA SERV. APRIL ACCOUNT NUMBER 193-180-999-5260 190-180-999-5240 191 - 180-999-5500 191-180-999-5500 191 - 180-999-5500 191-180-999-5500 191 - 180-999-5500 190-182-999-5240 190-182-999-5240 190-182-999-5260 190-180-999-5240 191-180-999-5260 191 - 180-999-5500 · 191-180-999-5500 193-180-999-5260 191 - 180-999-5500 001-110-999-5208 190-180-999-5208 190-180-999-5208 190-180-999-5208 001-120-999-5208 001-100-999-5208 001-162-999-5208 001-100-999-5208 001-100-999-5208 001-100-999-5208 001-16~-999-5208 001-163-999-5208 001-100-999-5208 001-110-999-5208 190-180-999-5208 210-165-606-5804 001-2160 100-2160 190-2160 190-180-999-5239 300-199-~-5207 300-1f9-999-5207 190-180-999-5300 190-180-999-5212 001-199-999-5212 190-182-999-5240 ITEM N4OUNT 12.67 12.47 7.28 141.23 126.42 123.96 119.04 107.29 142.52 41.25 154.38 156.41 12.04 153.41 45.02 67.75 62.61 55.56 38.43 48.10 41.55 207.76 62.62 51,20 47.71- 37.45 60.40 220.91 2.61 385.00 137.64 129.00 280.26 846.02 99.01 825.00 21.16 52.08 58.65 75.75 PAGE 6 CHE~ AMOUNT 4,636.65 1,029.68 385.00 546.88 84.6.02 924.01 21.16 110.73 VOUCHRE2 CiTY OF TEMECULA 04/22/93 15:23 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCR[PT[OR NUMBER ITEM AMOUNT CHECK AMOUNT 10228 04122193 000444 EMPLOYMENT DEVELOPMENT 1ST QTR TAXES 001-2350 10228 04/22/93 000~ EMPLOYMENT DEVELOPMENT 1ST QTR TAXES 100-2350 10228 04/22/93 0004J,~ EMPLOYMENT DEVELOPMENT 1ST QTR TAXES 190-2350 10228 04/22/93 0004~4 EMPLOYMENT DEVELOPMENT 1ST QTR TAXES 191-2350 10228 04/22/93 000444 EMPLOYMENT DEVELOPMENT 1ST QTR TAXES 192-2350 10228 04/22/93 0004~ EMPLOYMENT DEVELOPMENT 1ST QTR TAXES 193-2350 10228 04/22/93 000444 EMPLOYMENT DEVELOPMENT 1ST GTR TAXES 300-2350 10228 04/22/93 000~ EMPLOYMENT DEVELOPMENT 1ST QTR TAXES 320-2350 10228 04/22/93 000444 EMPLOYMENT DEVELOPMENT 1ST QTR TAXES 330-2350 10228 04/22/93 00(:)~ EMPLOYMENT DEVELOPIqENT 1ST QTR TAXES 001-2070 10228 04/22/93 0004,~ EMPLOYMENT DEVELOPMENT 1ST QTR TAXES 100-2070 10228 04/22/93 000444 EMPLOYHENT DEVELOPHENT 1ST QTR TAXES 1~0-2070 10228 04/22/93 000~4 EMPLOYMENT DEVELOPMENT 1ST QTR TAXES 001-2350 10229 04/ZZ/93 000459 TUMBLE JUMBLE INSTRUCTOR 80% 190-183-802-5300 15,721.59 2,839.02 4,092.~4 137.64 197.78 476.20 156.69 314.99 391.70 14.02- 14.7~- ,25 633.60 24,249.55 633.60 10230 04/22/93 000512 CADET UNIFORM ENTRY RUG SERVICE; CiTY 001-199-999-5250 34.25 3~.25 1023104/22/93 000517 ENTENMANN-ROVIN & CO #25 PRESIDENT WALLETS w 001-100-999-5220 10231 04/22/93 000517 ENTENNANN-ROVIN & CO FREIGHT 001-100-999-5220 10231 04/22/93 000517 ENTENNANN-ROV[N & CO TAX 001-100-~99-5220 124.00 4.58 9.~ 138.35 04/22/93 000573 APOLLO SWEEPING, INC. EXTRA SWEEPING & CATCH 001-166-999-5402 975.00 975.00 ,v~33 04/22/93 10234 04/22/93 10235 04/22/93 10236 04/22/93 10236 04/22/93 10236 04/22/93 10236 04/22/93 10237 04/22/93 000643 FORTHER HARDWARE 000645 SNART& FINAL 000680 ANS-TNS OPEN P.O. FOR MISC. SUP EASTER CANDY, EASTER BA ACCT# 11601 POSTAGE MET 000704 SKS, INC./INLAND OIL FUEL 000704 SKS, INC./INLAND OIL FUEL 000704 SKS, INC,/INLAND OIL FUEL 000704 SKS, iNC./INLAND OIL FUEL 000745 AT & T - CELLULAR 619-987-1828 MJ 190-180-999-5212 190-183-942-5300 330-199-999-5230 001-110-999-5263 190-180-999-5263 100-164-999-5263 001-162-999-5263 001-140-999-5208 6.49 918.20 2,100.00 38.11 74.80 23&.68 44.82 6.49 918.20 2,100.00 394.41 7.79 10238 04/22/93 000837 STATE OF CALIFORNIA, 000837 FRAN TAX 100-2140 164.83 164.8] 10239 04/22/93 000884 LARUE PA]NT]NG 10240 04/22/93 000890 LEEMZNG, LOIS GRAFFITI REMOVAL/FEB 93 001-170-999-5293 MILEAGE 001-120-999-5262 3,045.00 47.66 3,045.00 47.66 10241 04/22/93 000907 TEMECULA CAR WASH CAR WASH/VAN 310-180-999-5214 10242 04/22/93 000916 BANK OF AMERICA - CC 4798-0200-0001-0880 AE 001-162-999-5258 10242 04/22/93 000916 BANK OF AMERICA - CC 4798-0200-0~1-4262 GT 001-161-999-5258 10243 04/22/93 000925 GSSP FLOAT CONSTRUCTION 190-183-964-5300 1/J)22,~4 04/22/93 000952 LRP PUBLICATIOMS ADA NANOAL 001-150-999-5228 ~,_j 04/22/93 000953 ERICKSON, TINA FIRST AID & CPR CERTIF] 190-180-999-5258 4.00 103.76 1,198.~ 950.00 140.00 300.00 4.00 1,302.20 950.00 140.00 300.00 TOTAL CHECKS 1,78~,620.87 VOUCHRE2 0,~4/30/93 11:06 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERICOS PAGE FUND TITLE 001 GENERAL FUND 100 GAS TAX FUND 190 COIqNUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 193 TCSD SERVICE LEVEL C 210. CAPITAL IMPROVEMENT PROJ FUND 300 INSURANCE FUND 310 VEHICLES FUND 320 INFORMATION SYSTEMS 330 COPY CENTER FUND TOTAL AMOUNT 306,744.61 86,898.66 9,327.52 10,126.55 2,129.68 9,872.00 408.07 41.02 3,175,14 83~o00 4~9,556.85 VOUCHRE2 04/30/93 VOUCHER/ CHECK NUMBER 10246 10246 10246 10246 42793 42793 10249 10250 10250 10251 10251 10251 10251 10252 10252 10253 10254 10255 10255 10256 10257 10258 10259 10259 10260 10261 10261 10261 10261 10261 10261 10261 10262 10262 10263 11:06 CHECK VENDOR VENDOR DATE NUflBER NAME 04/29/93 04/29/93 04/29/93 0~/29/93 01/01/83 01/01/83 04/30/93 04/30/93 04/30/93 0~/30/93 04/30/93 04/30/93 04/30/93 04/30/93 04/30/93 04130193 04/30/93 04/30/93 04/30/93 04/30/93 04/30/93 04/30/93 04/30/93 04/30/93 04/30/93 04/30/93 04/30/93 04/30/93 04/30/93 0~/30/93 04/30/93 04/30/93 0~/30/93 04/30/93 04/30/93 000925 GSSP 000925 GSSP 000925 GSSP 000925 GSSP 000965 LEAGUE OF CALIFORNIA CI 000965 LEAGUE OF CALIFORNIA Cl KINN, BARBRA 000102 AMERICAN FENCE COIqPANY 000102 AMERICAN FENCE COflPANY 000104 ABSOLUTE ASPHALT 000104 ABSOLUTE ASPHALT 000104 ABSOLUTE ASPHALT 000104 ABSOLUTE ASPHALT 000127 CALIFORNIAN - LEGAL 000127 CALIFORNIAN - LEGAL 000129 CAL NEST RENTAL CENTER 000154 CSMFO 000177 GLENNIES OFFICE PROOUCT 000177 GLENNIES OFFICE PROOUCT 000184 GTE 000193 ICNA 000202 J.F. DAVIDSON 000217 NARGARITA OFFICIALS ASS 000217 MARGARITA OFFICIALS ASS 000219 HARTIN 1-HOUR PHOTO 000239 000239 000239 000239 000239 000239 000239 OLSTEN TEflPQP. ARY SERVIC OLSTEN TEMPORARY SERV]C OLSTEN TEflPORARY SERVZC OLSTEN TEMPORARY SERVIC OLSTEN TEMPORARY SERVIC OLSTEN TEMPORARY SERVIC OLSTEN TEMPORARY SERVIC 000243 PAYLESS DRUG STORE 000243 PAYLESS DRUG STORE 000248 PETROLANE CITY OF TEMEOULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION PARTIAL PAYMENT ON CITY BALANCE DUE ON FLOAT CO BALANCE DUE ON FLOAT CO PARTIAL PAYMENT ON CITY DINNERS DIVISION MEETIN DINNERS DIVISION flEETIN KINN, BARBRA REFUND TEMPORARY FENCE FENCE INSTALLATION 60 LB. BAGS OF ASPHALT. TAX 60 POUND BAGS OF TEflPOR TAX PUBLIC NOTICES PUBLIC NOTICES RENTAL EOUIP REGISTRATION MJ OPEN P.O. TCSD; APPROVE OFFICE SUPPLIES 909-699-2475 EMPLOYERS GUIDE PROVIDE PROFESSIONAL Cl CO-ED SOFTBALL OFFICIAL HENS SOFTBALL/OFFICIALS FILM DEVELOPING, PURCHA TEMPORARY SERVICES PROV TEMPORARY SERVICES TO P TEMPORARY SERVICES TO P TEMPORARY SERVICES TO P TEMPORARY SERVICES TO P TEMPORARY SERVICES TO P TEMPORARY SERVICES TO P FILM PROCESSING SERVICE FILM PROCESSING SERVICE FUEL TCSD ACCOUNT NUMBER 1~0-.183-964-5300 lg0-183-964-5300 190-183-W~4-5300 1~)-183-964-5300 001 - 110-999- 5260 O01 - 1 O0 - 999 - 5260 190-183-4817 1~o-i8o-~-5238 190-180-999-5238 100-16~-999-5218 100-164-999-5218 100-164-999-5218 100-164-999-5218 001-161-999-5256 001-161-999-5256 190-180-999-5238 001-140-999-5258 190-180-999-5220 001-162-999-5220 001-163-999-5208 001-150-999-5228 100-164-999-5248 190-183-907-5300 190-183-905-5300 001-163-999-5250 001-166-999-5118 001-~66-999-5118 001-140-999-5118 001-16~-999-5118 001-166-999-5118 001-140-999-5118 001-163-999-5118 190-180-999-5250 190-180-999-5250 190-180-999-5263 ITEM AMOUNT 100.00 850.00 950.00 200.00 38.00 57.00 100.00 92.00 145.00 700.00 54.25 700.00 54.25 31.75 27.88 135.54 50.00 12.50 101.08 17.61 69.50 4,800.00 550.00 1,078.00 98.12 68.31 46.87 140.60 281.18 33.56 100.68 201.36 5.38 8.60 30.17 PAGE 2 CHECK NI3UNT 2,100.00 95.00 100.00 237.00 1,508.50 59.63 135.5~ 113.58 17.61 69.50 4,800.00 1,628.00 98.12 872.56 VOUCHRE2 /~230/93 11:06 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 3 VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME ITEM DESCRIPTION ACCOUNT NUMBER iTEM ANOUNT CHECK AMOUNT 10263 04/30/93 000248 PETROLANE 10263 04/30/93 000248 PETROLANE FUEL TCSD FUEL B&S 190-180-999-5263 001-162-999-5263 54.39 131.19 215.75 10264 04130193 000249 PETTY CASH 10264 04/30/93 000249 PETTY CASH 10264 04/30/93 000249 PETTY CASH 10264 04/30/93 000249 PETTY CASH REZMB PETTY CASH/CITY REINB PETTY CASH/CITY REIMB PETTY CASH/CITY REINB PETTY CASH/CITY 001-163-999-5260 001-110-999-5260 001-110-999-5220 001-150-999-5260 35.77 9.67 5.55 65.44 10265 04/30/93 000262 RANCHO MATER 10265 04/30/93 000262 RANCHO MATER 10265 04/30/93 000262 RANCHO MATER 10265 04/30/93 000262 RANCHO WATER 10265 04/30/93 000262 RANCHO 'WATER 10265 04/30/93 000262 RANCHO WATER 10266 04/30/93 000265 REMEDY TEMP 10266 04/30/93 000265 REMEOY TEMP 10266 04/30/93 000265 REMEDY TEMP 2/10-3/10 2/10-3/10 2/10-3/10 2/12-3/12 2/23~3/23 2/~-3/2~ TEMP. 03/28/93 TEMP HELP 4/04/93 TENP 4/11/93 190-180-999-5240 193-180-999-5240 191-180-999-5240 193-180-999-5240 190-180-999-5240 193-180-999-5240 330-199-999-5118 330-199-999-5118 330-199-999-5118 525.10 228.79 63.69 192.44 278.89 1,317.28 166.80 417.00 250.20 2,606.19 10267 04/30/93 000307 TEMECULA TROPHY TROPHIES 190-182-999-5300 51.72 51.72 10268 04/30/93 000322 269 0~/30/93 000326 T'~269 04/30/93 000326 10269 04/30/93 000326 UNIGLOBE BUTTERFIELD TR UNITOG RENTAL SERVICE UNITOG RENTAL SERVICE UNiTOG RENTAL SERVICE CHG TO CHANGE FLIGHT Z-SETS OF UNIFORMS; CLE 2-SETS OF UNIFORMS; CLE UNIFORM RENTAL 001-110-999-5258 100-164-999-5243 100-164-999-5243 190-180-999-5243 25.00 1.62 12.50 13.60 25.00 27.72 10270 04/30/93 000342 10271 04/30/93 000357 10271 04/30/93 000357 10271 04/30/93 000357 10271 04/30/93 000357 10272 04/30/93 000358 WINDSOR PARTNERS - RANC RIVERSIDE COUNTY TRANS. RIVERSIDE COUNTY TRANS. RIVERSIDE COUNTY TRANS. RIVERSIDE COUNTY TRAMS, DIXON, DAVID F. NAY RENT 5/30/91-6/30/91ADJUSTM NAINT SIGNALS/LIGHTS 91 89/90 & 90/91 ADJUSTMEN 1ST & 2NO QUARTER SERVi CALED CORF. D.D. 001-199-999-5234 100-164-999-5405 100-164-999-5405 100-164-999-5405 100-164-999-5405 001-110-999-5258 29;427,14 2,088.01 50,314.89 758.94 26,976.00 Z~.85 29,427.14 80,137.~ ~.~ 10273 04/30/93 000374 10273 04/30/93 000374 10273 04/30/93 000374 10273 04/30/93 000374 10273 04/30/93 000374 10273 04/30/93 000374 10273 04/30/93 000374 10273 04/30/93 000374 10273 04/30/93 000374 10273 04/30/93 000374 10273 04/30/93 000374 10273 04/30/93 000374 10273 04/30/93 000374 1O273 04/30/93 OOO374 /"~r73 04/30/93 000374 SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISOR SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON 3/04-3/31 3117-4101 3117-4/01 3/05-04/01 3/05-4/01 3-04-4/05 3/04-4/05 3/04-4/05 3104-4105 3/04-4/05 3/04-4/05 3/04-4/05 3108-4106 3/08-4/06 3109-4107 191-180-999-5500 190-180-999-5240 190-180-999-5240 191-180-999-5500 190-180-999-5240 19'~-180-999-5240 193-180-999-5240 193-180-999-5240 19~-180-999-5240 193-180-999-5240 193-180-999-5240 193-180-999-5240 190-180-999-5240 193-180-999-5240 191-180-999-5500 150.48 11.45 11.45 137.75 716.09 26.97 13.76 13.76 13.76 17.91 13.76 13.76 12.47 12.47 134.17 VOUCHRE2 04130193 VOUCHER/ CHECK NUHBER 10273 10273 10273 10275 10275 10273 10275 10273 10275 10275 10273 10275 10275 10273 10275 10275 10275 10275 10275 10275 10273 10273 10~75 10273 10274 10274 10274 10274 10274 10273 10276 10276 10276 10276 10277 10277 10277 10278 1027'~ 10280 10281 10281 10281 11:06 CHECK DATE 04/30/93 04/30/93 04/30/93 04/50/93 04/50/93 04/30/93 04/30/93 04/30/93 04130193 04/30/93 04/30/~3 04/30/93 04/30/93 04/30/93 04/50/93 04/30/93 04/30/93 04/30/93 04/30/93 04/30/93 04/30/93 04/30/93 04/30/93 04/30/93 04/30/93 04/30/93 04/30/93 04/30/93 04/30/93 04/30/93 04/30/93 04130193 04/30/93 04/30/93 04/30/93 04130193 04/30/93 04/30/93 04/30/93 04/30/93 04/30/93 04/30/93 04/30/93 VENDOR NUMBER 00037~ 000374 000374 000374 000374 000374 000374 000374 000374 000374 000374 000374 000374 000374 000374 000374 000374 000374 000374 000374 000374 000374 000374 000374 000375 000375 000375 000375 000375 000379 000411 000411 000411 000411 000426 000426 000426 000428 000434 000459 000508 000508 000508 VENDOR NAHE SOUTHERN PALIF BISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF ED[SOR SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON- SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALZF EDISON SOUTHERN CAbZF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN PALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF EDISON SOUTHERN CALIF TELEPROR SOUTHERN CALIF TELEPHON SOUTHERN CALIF TELEPHON SOUTHERN CALIF TELEPHON SOUTHERN CALZF TELEPHON DEAN DAV[DSOR RIVERSIDE COUNTY FLO00 RIVERSIDE COUNTY FLOOD RIVERSIDE COUNTY FLOOD RIVERSIDE COUNTY FLOOO RANCHO INDUSTRIAL SUPPL RANCHO INDUSTRIAL SUPPL RANCHO INDUSTRIAL SUPPL HORIZON gATER SIERRA COHPUTER SYSTEHS TUHBLE JUNBLE SAFEGUARD BUSINESS SYST SAFEGUARD BUSINESS SYST SAFEGUARD BUSINESS SYST CITY OF TEHEOULA VOUCHER/CHECK REGISTER FOR ALL PERIEDS ITEH DESCRIPTION ACCOUNT NtJHBER 3110-4107 3110-4107 3110-4107 3/10-4/09 310~-410~ 3/09-4/09 3/09-4/09 3/11-4/12 3/11-4/12 3/11-4/12 3/11-4/12 3/11-4/12 3/11-~/12 3/11-4/12 3/11-4/12 3/11-4/12 3/12-4/12 3/12-4/13 2/11-3/12 3/12-4/13 3/12-4/13 3/12-4/13 3/12-4/13 3/12-4/13 lfO- 180-~-5240 193-180-~-5240 193-1ED-~-5240 1~-180-~-5240 1 r~ - 180 -~- 5240 lf3-180-~-5240 lf3-180-~-5240 191 - 180-~-5500 191-180-~-5500 191 - 180-~-5500 193-1ED-~-5240 193-180-~-5240 1~- 180-~-5240 193-180-~-5240 1~-180-~-5240 1Sr~-180-~-5240 1~-180-~f9-5240 193-180-~-5240 193-180-~-5240 190-180-~-5240 lf3-180-~-5240 193-180-~-5240 1~-180-~-5240 190-180-~-5240 909-202-4751TS 909-202-4752 SN 909-202-4756 909-202-4767 GT 909-202-4760 001-163-~-5208 190-180-~-5208 001-110-~-5208 001-161-~-5208 320-199-~-5208 INSURANCE PREMZUN SENIO 210-199-801-5804 HURRIETA CHANNEL CLEAN- HURRIETA CHANNEL CLEAN- NURRIETA CHANNEL CLEAN- HURRIETA CHANNEL CLEAN- 001-16~-~-5420 001-166-~-5420 001-166-~-5420 001-166-~-5420 OPEN P.O. FOR JANITORIA SUPPLIES JANITORIAL SUPPLIES 001-199-~-5212 00!-199-~-5212 001-1fq-~-5212 ~.TER CHG 190-182-999-5240 PROGRAH[NG ASSISTANCE 320-199-999-5250 80~ CONTRACT CLASS 190- 183-8~8-5300 PAYROLL/GENERAL ACCT.CH FREIGHT TAX 001-140-~-5222 001-140-~-5222 O01-140-fff-5222 ITEM AHOUNT 12.27 23.86 12.04 12.90 11.95 25.15 13.33 123.48 132.49 176.99 13.76 13.76 13.76 13.76 14.45 14.91 13.33 13.87 12.69 25.38 13.87 13.76 13.87 13.87 69.96 118.02 50.08 35.72 4,024.00 42,107.~. 21,187.06 166,845.06 40,045.20 6.36 32.86 138.22 7~.90 822.00 681 473.70 16.16 37.96 PAGE CHECK AHOUNT ..~... 2,049.>--- 375.31 4,024. O0 270,185.26 177.~, 74.9O 822.00 681.60 527. VOLICHRE2 CITY OF TENECULA 04/30/93 11:06 VOUCHER/CHECK REGISTER ~' FOR ALL PERIODS PAGE 5 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE. NUMBER MANE DESCRIPTION NUMBER ITEM AMOUNT CHECK AHOUNT 10282 0~/30/93 000537 SOUTHERN CALIFORNIA EDI 2/28-3/31 191-180-999-5500 10282 04/30/93 000537 SOUTHERN CALIFORNIA EDI 2/28-3/31 191-180-999-5500 10282 04/30/9~ 900537 SOUTHERN CALIFORNIA EDI 2/28-3/31 191-180-999-5500 10282 0~/30/93 000537 SOUTHERN CALIFORNIA EDI 3/01-3/31 191-180-999-5500 10282 0~/30/93 000537 SOUTHERN CALIFORNIA EDI 2/28-3/31 191-180-999-5500 10282 04/30/93 000537 SOUTHERN CALIFORNIA EDI 2/28-3/31 191-180-999-5500 10282 04/30/93 000537 SOUTHERN CALIFORNIA EDI 2/28-3/31 191-180-999-5500 10282 04/30/93 000537 SOUTHERN CALIFORNIA EDI 2/28-3/31 191-180-999-5500 10282 0~/30/93 000537 SOUTHERN CALIFORNIA EDI 2/28-3/~1 191-180-999-5500 10282 0~/30/93 000537 SOUTHERN CALIFORNIA EDI 2/28-3/31 191-180-999-5500 10282 0~/30/93 000537 SOUTHERN CALIFORNIA EDI 2/28-3/31 191-180-999-5590 10282 04/30/93 000537 SOUTHERN CALIFORNIA EDI 2/28-3/31 191-180-999-5500 10282 04/30/93 000537 SOUTHERN CALIFORNIA EDI 2/28-3/31 191-180-999-5590 10282 0~/30/93 000537 SOUTHERN CALIFORNIA EDI 2/28-3/31 191-180-999-5500 10282 0~/30/93 000537 SOUTHERN CALIFORNIA EDI 2/28-3/31 191-180-999-5500 1~282 0~/30/93 000537 SOUTHERN CALIFORNIA EDI 2/28-3/31 191-180-999-5500 10282.04/30/93 000537 SOUTHERN CALIFORNIA EDI 2/28-3/31 191-180-999-5500 10282 04/30193 000537 SOUTHERN CALIFORNIA ED[ 2/28-3/31 191-180-999-5500 10282 04/30/93 000537 SOUTHERN CALIFORNIA EDI 1/31-2/28 191-180-999-5500 10282 0~/30/93 000537 SOUTHERN CALIFORNIA EDI 2/28-3/31 191-180-999-5500 10282 0~/~0/93 000537 SOUTHERN CALIFORNIA EDI 12/18-1/31 191-180-999-5500 10282 04/30/9~ 000537 SOUTHERN CALIFORNIA EDI 2/01-Z/28 191-180-999-55OD ,~82 04/30/93 000537 SOUTHERN CALIFORNIA EDI Z/28-3/31 191-180-999-5500 ~28~ 04/30/93 000545 PAC TEL CELLULAR - S.D. SD1075255/MJ 001-140-999-5208 30.64 31.94 42.44 8.?5 38.?3 33.83 38.84 44.87 42.80 42.44 34.76 43.43 33.30 42.80 28.65 110.63 30.48 26.93 554.30 40.78 3,974.37 3,890.2:3 41.56 9,207.50 1028/+ 04/30/93 000603 CABLE & WIRELESS CONHUN XC8114361 MAR -APR. 320-199-999-5208 1,757.42 1,757.42 10285 04/30/93 0006~5 SMART & FINAL SUPPLIES 190-183-96~-5300 10285 04/30/93 0006/,5 SMART & FINAL TAX 190-183-96~-5300 81 10286 04/30/93 000662 JACKSOR WILDERS GROUP STRATEGY FOR SUCCESS TR 001-150-999-5258 1,590.00 1,590.00 10287 04/30/93 000678 RIVERSIDE CO. HEALTH SE PLAN CHECK 210-190-120-5802 750.00 750.00 10288 04/30/93 000724 A & R CUSTOM SCREEN PRI TEAM SHIRTS; TEEN FEST; 190-183-933-5300 10288 04/30/93 000724 A & R LUSTON SCREEN PRI TAX 190-183-933-5300 10288 04/30/93 000724 A & R LUSTON SCREEN PRI PRINT-OR BRANO GOLF SHI 190-180-999-5243 10288 04/30/93 000724 A & R OUSTON SCREEN PR] BLACK SATIN AWARDS JACK 190-18]-905-5300 10288 04/30/93 0007Z4 A & R LUSTON SCREEN PRI HOODED SMEATSHIRTS l-L, 190-183-905-5300 10288 04/30/93 000724 A & R LUSTON SCREEN PRI HOOOED SMEATSHZRTS 8-XX 190-18~-905-5300 10288 04/30/93 000724 A & R CUSTOM SCREEN PRI TAX 190-180-999-5243 10288 04/30/93 000724 A & R LUSTOH SCREEN PRI TAX 190-183-905-5300 10288 04/30/93 000724 A & R LUSTON SCREEN PRI BIKE BUTTOR DOWN JERSYS 190-183-906-5300 10288 04/30/93 000724 A & R LUSTON SCREEN PRI BIKE BUTTON DC~N JERSY 190-183-906-5300 10288 04/30/93 000724 A & R LUSTON SCREEN PRI TAX 190-183-906-5300 68~.00 53.01 33.00 25.00 114.00 168.00 2.56 432. O0 28. O0 35.65 1,599.01 10289 04/30/93 000748 BEST IMPRESSIONS M199; COLORED IRONSTONE 001-199-999-5242 10289 0~/30/9~ 000748 BEST IMPRESSIONS SET UP CHARGE 001-199-999-5242 10289 04/30/93 000748 BEST IMPRESSIONS ARTWORK 001-199-999-5242 /,~9 0~/30/93 000748 BEST IMPRESSIONS FREIGHT 001-199-999-5242 3Z8.56 35.00 30.00 33.69 VOUCHRE2 04/30/93 11: 06 CITY OF TEHECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ]TEN ACCOUNT NUNHER DATE NLJlER MANE DESCRIPTION NUNHER 10289 04/30/93 0007/,8 BEST INPRESSIONS TAX 10290 04/30/93 000793 SCANTRON CORPORATION 001-199-~-5242 ON SITE ANNUAL HAINTENA 320-199-~-5250 1029104/30/93 000843 Mr. DANIEL ENGINEERING CO BRIDGE ENGINEERING SERV 001-166-999-5601 10292 04/30/93 000873 ROBERTS, RONALD H. REINB TRAVEL EXP. 001-100-999-5258 10293 04/30/93 000880 CARROLL LANDSCAPE CONST PROVIDE LABOR, EQUIPHEN 210-190-13~-580~ 10294 04/30/93 000883 NONTELEONE EXCAVATING 10295 04/30/93 000894 PRESENTATION PRODUCTS 10295 04130193 000894 PRESENTATION PRODUCTS 10295 04/30/93 000894 PRESENTATION PRODUCTS 10295 04/30/93 000894 PRESENTATION'PRODUCTS 10296 04/30/93 000907 TENECULA CAR WASH 10296 04/30193 000907 TENECULA CAR HASH 10297 04/30/93 000916-BANK OF ANERICA - CC 10297 04130193 000916 HANK OF ANERICA - CC 10298 04/30193 000943 GRAYNOR ENGINEERING GRADE THE DIRT ROAD TO 100-104-~-5602 CARRY/NG CASE 001-161-999-5602 FREIGHT 001-161-999-5602 TAX 001-161-999-5602 TAX 001-161-999-5220 VEHICLE NAIHTENANCE; VEHICLE NAINTENANCE; 10299 04/30/93 000959 HARMON, CINDY TUITION REINB. 10300 04/'50/93 000960 ASSOCIATION OF RECORDS ANNUAL NENBERSH[P 10301 04/30/93 000961 BURRZETA HAYORS PRAYER JEFF STONE/BREAKFAST 10302 04/30/93 000962 ICNA - DUES DUES 7/1-6/30/94 10303 04/30/93 000963 HOGAN, DAVID 1993 STATE CONF, 10304 04/30/93 000964. WEISFELD, ROBERT **SI, IALL CLAIMS t/0048 310-110-999-5214 310-110-999-5216 47~8-0200-0001-0872 SB 190-180-~-5258 4798-0200-0001-0872 SN 1fO-180-~-52&O ENGINEERING SERV]CES OP 210-199-801-5802 001-150-~-5259 001-120-~-5226 001-100-~-5260 001-110-~-5226 001-161-~9-5258 300-199-~-5207 TOTAL CHECKS ITEN ANOUNT 26.78 560.00 1,030.41 29.42 4,250.00 438.00 75.00 5.33 5.03 .78 22.29 18.73 14.60 8~8o00 210.00 100.00 12.00 77~.03 220./,0 408.07 PAGE 6 CHECK ANOUNT 452.03 560.00 1,030.41 29.42 4,250.00 4~8.00 8~.14 41.02 788.38 848... 210.00 100.00 12.00 220.40 408.07 429,556.85 VOUCHRE2 04/30/93 12:48 CITY OF TENECULA VOUCHER/CHECK REE[STER FOR ALL PER[ODS PAGE FUND TITLE 001 GENERAL FUND 100 GAS TAX FUND 140 CONffiJNITY DEV BLOCK GRANT 190 CONMUNITY SERVICES DISTRICT 193 TCSD SERVICE LEVEL C 210 CAPZTAL ZNPROVEHENT PROJ FUND 250 CAPZTAL PROJECTS - TCSD 280 REDEVELOPNENT AGENCY - CIP 300 INSURANCE FUND 320 INFORNATION SYSTENS TOTAL ANOUNT 715,000.06 7,066.16 1,638.06 3,919.29 - 280.00 64,668.76 9,513.00 21,511.67 547.14 1,546.88 825,491.02 VOUCHRE2 04/30/93 12: 48 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 2 VOUCHER/ CHECK CHECK NUNBER DATE 10308 05/11/9~ 10309 05/i1/93 10310 05/11/93 10310 05/11/93 10310 05/11/93 10310 05/11193 10310 05/11/93 10310 05/11/93 10310 05/11/93 10310 05/11/93 10311 05/11/93 10311 05/11/93 10311 05/11/93 10311 05/11/93 10311' 05/11/93 10311 05/11/93 10311 05/11/93 10311 05/11/93 10311 05/11/93 10312 05/11/93 10313 05/11/93 10313 05/11/93 10314 05/11193 10315 05/11/93 10316 05/11/93 10316 05/11/93 10317 05/11193 10317 05/11/93 10318 05/11/93 10318 05/11/93 10319 05/11/93 10320 05/11/93 10320 05111/93 10320 05/11/93 10320 05111193 10320 05/11/93 10321 05111193 VENDOR NUNBER 00017.~ 000123 000125 000123 000123 00012~ 00012~ 000123 000126 000126 000126 000126 000126 000126 000126 000126 000126 000164 000178 000178 000224 000231 000238 000238 000240 000240 000267 000267 000299 000320 000320 000320 000320 000320 000332 VENDOR NANE KENPER REAL ESTATE NANG NARLBOROUGH DEVELOPHENT BURKE MILLIANS & SORENS BURKE k/ILLIANS & SORENS BURKE WILLIANS & SORENS BURICE I41LLIANS & SORENS BURKE WILLIANS & SORENS BURKE WILLiNqS & SORENS BURKE glLLIANS & SORENS BURKE gILLIANS & SORENS CALZFORNIA LANDSCAPE CALIFORNIA LANDSCAPE CALl FORNIA LANDSCAPE CALl FORN I A LAND SCAPE CALl FORNIA LANDSCAPE CALIFORNIA LANDSCAPE CALIFORNIA LANDSCAPE CALIFORNIA LANDSCAPE CALl FORNIA LANDSCAPE ESGZL CORPORATION GOLDEN STATE TRADING CO · GOLDEN STATE TRADING CO t NELAD & ASSOCIATES NBS/LOMRY FINAL TOUCH NARKETING FINAL TOUCH NARKETZNG ORANGE COUNTY STRIPING ORANGE COUNTY STRIPING RIVERSIDE COUNTY FiRE D RIVERSIDE COUNTY FIRED STRACHOTA INSURANCE TOt4N CENTER STATIORERS TCNN CENTER STATZONERS TCNN CENTER STATIONERS TOWN CENTER STATIONERS TONN CENTER STATIONERS VANDORPE CHOU ASSOC/ATI ITEN DESCRIPTION KENPER REAL ESTATE/REFU NARLBOROUGH DEV./REFUND LEGAL CREDIT LEGAL CREDIT LEGAL CREDIT LEGAL SERV. FEB. LEGAL SERV, FEB, LEGAL $ERV. FEB, LEGAL SERV. FEB, LEGAL SERV, FEB, INSTALLATION OF LANDSCA. APPLICATION OF SOIL SUL RENOVAL OF SILT FRON VE TONO 640 NOTOR ASSENBLZ LABOR CHARGES, IRRIGATI LABOROR HATER]AL FOR REPAIR OF LABOR TO REPAIR BROKEN LABOR AND MATERIALS NEC 3/1-3/31 SERVICES PLAN 386SL-25NHZ PC NOTEBOOR: TAX PLAN CHECKS NBS/LOMtY 1993 MARKETING PROGRAN 1993 MARKETING PROGRAN EHERGENCY RESTRIPING AN CiTYMIDE STRIPING & STE SANDBAGS/FIRE SANDBAGS BUILDERS RISK POLICY SHARPENER/CALCULATOR OFFICE SUPPLIES OFFICE SUPPLIES CLIP BADGE HOLDERS OFFICE SUPPLIES PLAN CHECKS FOR MARCH 9 ACCOUNT NUHBER 001'161'4107 001-162-4285 001-130-999-5246 001-166-999-5246 190-180-999-52~6 001-166-999-5246 190-180-999-52/,6 001-1280 300-i99-999-5205 001-130-999-52~6 210-190-135-580~ 190-180-999-5212 190-180-999-5212 190-180-999-5212 190-180-999-5212 190-180-999-5212 190-180-999-5212 190-180-999-5212 193-180-999-5510 001-162-999-5248 320-1970 320-1970 001-162-999-5248 250-190-129-5804 2~0-199-999-5264 280-199-999-5264 001-1(~-~)9-5410 100-164-999-5410 001-171-999-5242 001-166-999-5460 210-199-801-5804 001-163-999-5242 001-163-999-5220 001-163-999-5220 001-16~-999-5220 001-163-999-5220 001-162-999-524,S ITEH ANOUNT 6,223.50 6,224.68 1,729.10' 494.48- 2,136.09' 753.98 2,489.00 388.70 547.14 11,550.88 2,025,00 751.60 256.00 216.90 37.50 24.00 40.38 102.50 280.00 2,279.12 1,250.00 96.88 1,846.71 3,780.00 18,845.00 2,666.67 3,032.43 2,666.16 1,674.00 5,013.40 2,312.50 66.74 1,289.36 72.47 3.92 152.06 1,327.47 CHECK ANOUNT '6,223.50 6,224,68 11,370.03 3,733.88 2,279., 1,346.88 1,846.71 3,780.00 21,511.67 5,698.59 6,687.40 2,312.50 1,584.55 1,327.47 VOUCHRE2 04/30/93 VOUCHER/ CHECK NUMBER 10322 10322 10323 10324 10324 10324 10324 10324 10324 10324 10324 10324 10324 10324 10324 10324 10324 10324 10324 10324 /---1~0324 1324 (0324 10324 10324 10324 10324 10324 10324 10324 10324 10325 10326 10327 10327 10328 10329 10329 10330 10331 /,--1~332 12:48 CHECK DATE VOID VOID 05/11/93 05/11/93 05/11/93 05/11/93 05111193 ~05/11/93 05/11/93 05/11/93 05/11/93 05/11/93 05/11/93 05/11/93 05/11/93 05/11/93 05/11/93 05/11/93 05/11/93 05/11/93 05/11/93 05/11/93 05/11/93 05/11/93 05/11/93 05/11/93 05/11/93 05/11/93 05/11/93 05/11/93 05/11/93 05/11/93 05/11/93 05/11/93 05/11/93 05/11/93 05/11/93 05/11/93 05/11/93 05/11/93 05/11/93 VENDOR NUMBER 000354 000406 000406 000406 000406 0004G6 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406 000406. 000406' 000406 000406 000406 000406 000406 000411 000538 O006&O 000660 000754 000757 000757 000822 000852 000884 VENDOR RAHE RIVERSIDE COUNTY HEALTH RIVERS[DE COUNTY SHERIF RIVERSIDE COUNTY SHERIF RIVERSIDE COUNTY SHERIF RIVERSIDE COUNTY SHERIF RIVERSIDE COUNTY SHERIF RIVERSIDE COUNTY $HERIF RIVERSIDE COUNTY $HERIF RIVERSIDE COUNTY SHERIF RIVERSIDE COUNTY $HERIF RIVERSIDE COUNTY $HER]F RiVERSIDE COUNTY $HERIF RIVERSIDE COUNTY SHER]F RIVERSIDE COUNTY SHERIF RIVERSIDE COUNTY SHERIF RIVERSIDE COUNTY SHERIF RIVERSIDE COUNTY SHERIF RIVERSIDE COUNTY $HERIF RIVERSIDE COUNTY $HERIF RIVERSIDE COUNTY $HER]F RIVERSIDE COUNTY SHERIF RIVERSIDE COUNTY SHERIF RIVERSIDE COUNTY SHERIF / RIVERSIDE COUNTY SHERIF RIVERSIDE COUNTY SHERIF RIVERSIDE COUNTY SHERIF RIVERSIDE COUNTY SHERIF RIVERSIDE COUNTY SHER]F RIVERSIDE COUNTY SHERIF RIVERSIDE COUNTY FLO00 R.J. NOBLE COMPANY R.W. CASH CONSTRUCTION R.W. CASH CONSTRUCTION ELLIOTT GROUP, THE CONCISE CORSTRUCTZON CONCISE CORSTRUCTZOR DgIGHT FRENCH & ASSOCIA CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PER]OOS ITEM DESCRIPTION ANIHAL CONTROL EXTRA DUTY DURING FLOOD BILE PATROL FEB/MAR ~ BIKE PATROL LAg ENFORCEMENT JAN 93 LAg ENFORCEMENT JAN 93 LAW ENFORCEMENT JAN 93 LAg ENFORCEMENT JAN 93 LAg ENFORCEMENT JAN 93 LAg ENFORCEMENT JAN LAg ENFORCEMENT JAN 93 LAg ENFORCEMENT JAN 93 FEB SERV , FEB SERV · FEB SERV , FEB SERV , FEB SERV , FEB SERV , FEB SERV , FEB SERV , FEB SERV , FEB, LEGAL SERV, FEB, LEGAL SERV, FEB, LEGAL SERV, FEB, LEGAL SERV, FEB, LEGAL SERV, FEB, LEGAL SERV. FEB, LEGAL SERV, FEB, LEGAL SERV, MURR]ETA CHANNEL CLEAN- MARGARITA ROAD EXTENSIO R.W. CASH CONSTRUCTION RETENTION ASSIST IN THE DRAFT]NG BUILDING PORTION OF PRO RETENTION PROFESSIONAL SERVICES 0 SUNBELT MANAGEMENT SERV REFUND LARUE PAINTING GRAFFITI REMOVAL FOR TH ACCOUNT NUMBER 001-172-999-5255 001-166-999-5288 140-1W-~9-5281 001-170-999-5326 001-170-999-5288 001-170-999-52~9 001;170-999-5298 001-170-~-5290 001-1230 001-170-999-5281 001-170-~9-5282 001-170-999-5262 001-170-999-5288 001-170-~99-5299 001-170-~99-5298 001-170-~99-5281 001-1230 001-170-~-5262 001-170-999-5282 001-170-999-5291 001-170-999-5290 001-170-999-5288 001-170-999-52~9 001-170-999-5298 001-170-999-5290 001-170-~99-5281 001-170-999-5282 001-1230 001-170-~99-5291 001-166-~99-5420 210-165-606-5804 250-190-129-5804 250-2035 190-180-999-5250 210-199-801-5804 210-2035 100-164-999-5402 001-2670 001-170-~99-5293 ITEM AMOUNT 4,007.75 34,978.79 1,6.'.'~.06 712.20 217,&87.75 17,127.23 19,674.03 5,546.48 3,794.96 16,945.98 2,579.04 17,567.70 209,283.29 18,464.30 18,591.64 15,292.08 2,481.32 11,212.14 2,579.04 2,/,81.32 5,254.56 32,667.96 2,970.24 2,854..80 266.40 1,232.65' 225.81 87.90 87.90 7,080.55 3,692.~6 6,370.00 637.00' 2,137.50 62,932.00 6,293.20' 4,400.00 1,000.00 3,053.75 PAGE 3 CHECK AMOUNT 4,007.7'5 661,820.25 7,080.55 3,692.66 5,733.00 2,137.50 56,638.80 4,400.00 1,000.00 3,053.75 TOTAL CHECKS 825,49I .02 VOUCHRE2 05/03/93 11:02 CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 2 FUND TITLE ANOUNT 001 GENERAL FUND 28,073.21 TOTAL 28,0T~.21 VOUCHRE2 05/03/93 VOUCHER/ CHECK NUMBER 10305 10305 10305 11:0Z CHECK DATE 05111193 05/11/93 05111/93 VENDOR NUMBER 000341 000341 000341 VENDOR NAME gILLDAN ASSOCIATES gILLDAN ASSOCIATES gILLDAN ASSOCIATES CITY OF TENECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION PLAN CHECK FEES CREDIT CASES NOT FOUND CREDIT DOUBLE BILLING ACCOUNT NUMBER 001~163-999-5249 001-163-999-5249 001-163-999-5249 ITEM AMOUNT 90,914.61 45,760.98- 17,080.22- PAGE CHECK AHOUNT 28,073.21 TOTAL CHECKS 28,073.21 ITEM NO. 4 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Mary Jane McLarney, Finance Officer May 11, 1993 City Treasurer's Report as of March 31, 1993 RECOMMENDATION: That the 'City Council receive and file the City Treasurer's report as of March 31, 1993. 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 March 31, 1993. FISCAL IMPACT: None ATTACHMENT: City Treasurer's Report as of March 31, 1993 City of Temecula City Treasumr's Report As of March 31, 1993 Cash Activity for the Month of March: Cash and Investments as of March 1, 1993 Cash Receipts Cash Disbursements Cash and Investments as of March 31, 1993 $ $ 24,350,553 18,808,132 (1,742,492) 41,416,193 Cash and Investments Portfolio: Type of Investment Petty Cash Interest Checking Benefit demand deposits Local Agency Investment Fund Deferred Comp. Fund Trust accounts-TCSD bonds Trust accounts-RDA bonds Institution Yield City Hall Bank of Amedca 2.550% Bank of America 1.350% State Treasurer 4.624% ICMA Bank of America 2.842% Bank of America 2.842% Balance 800 357,202 12,357 18,138,082 320,173 5,390,526 17,197,053 41,41 6, 193 (1) (1) (1)-This amount includes outstanding checks. Per Government Code Requirements, this Treasurer's Report is in compliance with the City of Temecula's Investment Policy and there are adequate funds available to meet budgeted and actual expenditures for the next thirty days of the City of Temecul~L Prepared by Carole Serfling, Senior Accountant Z i · ' i ITEM NO. 5 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: City Clerk DATE: May 11, 1993 SUBJECT: Records Destruction Approval ,_ RECOMMENDATION: Approve scheduled destruction of certain records as provided under the City of Temecula approved Records Retention Policy. BACKGROUND: On March 22, 1992, the City Council approved Resolution No. 92-17 which authorizes the destruction of certain city records which have become outdated, obsolete or are excess documents, in compliance with Sections 34090 through 34090.7 of the Government Code. Certain other Code sections also provide for retention periods for records such as personnel recruitment materials. Pursuant to Government Code § 12946 of the Fair Employment Act and Title 2, §7287 of the California Administrative Code, a request to destroy records has been received from the Human Resources Division. The City Attorney has reviewed this request and has signed Exhibit "1" of the Annual Review as provided for in Resolution No. 92-17. ATTACHMENTS: Destruction of Records Request Resolution No. 92-17 Exhibit "1" (Executed by City Attorney) JSG CITY OF TEMECULA MEMORANDUM TO: FROM: DATE: SUBJECT: June Greek, City Clerk Luci Romero, Human Resources Administr toe~'~D% April 8, 1993 Destruction of Records Pursuant to the Fair Employment and Housing Act: Gov't Code § 12946; Cal. Admin. Code tit. 2 §7287, the retention period for the following records has been satisfied and the records can be destroyed at this time. APPLICATIONS MA~ERIALSiFOR: Recreation Superintendent Office Assistant/Duplicating Technician Facilities Technician Account Clerk Assistant City Manager Network Administrator Director of Planning Director of Public Works/City Engineer Management Analyst Maintenance Worker Lifeguard Recreation Assistant Recreation Aide Day Camp Director Recreation Leader Administrative Secretary Office Assistant RECRUITMENT DATE 12/90 12/90 1/91 1/91 2/91 2/91 3/91 4/91 4/91 4/91 5/91 5/91 5/91 5/91 5/91 5/91 5/91 RESOLUTION NO. 92-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AIYrHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AS PROVIDED BY SECTION 34090 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA 'WH/~,EAS, the keeping of numerous records is not necessary after a certain period of time for the effective and efficient operation of the government of the City of Temecula; and WHEREAS, Section 34090 of the Government Code of the State of California provides a procedure whereby any City record which has served its purpose and is no longer required may be destwyed; and WHEREAS~ pursuant to Gov~-nment Code Section 34090, the City Attorney has reviewed and appwved _the Destruction of Obsolete Records Policy, attached hereto as Exhibit "1" and incorporated by' reference herein; NOW, TNI~EFO~, BE IT RESOLVEB by the City Council Of the City of Temecuh as follows: SECTION 1. The records of the City of Temecuh as set forth in groups on Schedule I, which schedule is attached hereto and incorporated herein by this reference, are hereby authorized to be destroyed as provided by Section 34090 of the Government Code of the State of California and in accordance with the provisions of said schedule upon 'the request of the department head and with the consent in writing of the City Attorney, without further. action by the City Council of the City of Temecula. SECTION 2. The provisions of Section 1 above do not authorize the destruction of: 'a. Records affecting the ti~e to real property or liens thereon b. Court records c. Records required to be l~-pt by statute d. Records less than two (2) years old The minutes, ordinances, or resolutions of the City Council of the City of Temecula or of any City boards, committee or commission 92-17 -l- SECTION 3. Notwithstanding the provisions of Section 2, the duplicates of records nSt less than five (5) years old which are no longer required are hereby authorized to be destroyed as set forth in the attached Schedule A. ~ECTION 4. The destruction of any record as provided for herein shall be by burning., shredding or other effective method of destruction and said destruction shall be witnessed by the City Clerk or her designee. ' SECTION 5. The term 'records' as used herein shall include documents, instruments, books, microfilm or papers. PASSR~r), APPROVE~n AND ADOPTEIJ, by the City Council of the City of Temecula at a regular meeting held on the 24th of March, 1992. i Patricia H. Birdsall, Mayor ATI'F_,ST: June ~ Greek, City Clerk [SEAL] 3/Rel~ 92-17 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CrrYOFTEMECULA ) I, rUNE S. Gl~n:~K, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 92-17 was duly adopte~l a regular meeting of the City Council of the City of Temecula on the xx day of March, 1992, by the following roll call vote; AYES: 5 CO~CILMEMBERS: Birdsall, Moore, Lindemans, Mu~oz Parks NOES: 0 COUNCILMEMBERS: Nonc ABSENT: 0 June .~6reek, City Clerk 3/itssos 92-17 EXHIBIT CITY OF TEMECULA DESTRUCTION OF OBSOLETE RECORDS POLICY PURPOSI:, To provide the timely destruction of outdated, obsolete and excess documents and records which are of no use legally or otherwise to the various city departments, in compliance with Sections 34090 through 34090.7 of the Government Code. B. POt.ICY It shall be the policy of the City of Temecula that the City Clerk or her designee shall routinely destroy - by burning, shredding, erasure, or other permanent method of obliteration - outdated, obsolete and excess documents and records in accordance with the following procedures and subject to the following retention schedules. No record may be destroyed unless specffied in this Policy.. C. PROC~-DURKq The City Clerk or her designee shall submit a written request for permhsion to destwy the documents, books, receipts, and other records (hereinafter "records") enumerated in this Policy when: 1. It is determined that the record is obsolete and of no further use to the department and the record is not needed for, or the subject of discovery of, pending claims or litigation involving the City. 2. It is determined that the record is eligible for destruction according to the following Records Retention Schedules and any other criteria for destruction have been complied 3. The City Clerk's office shall submit a written request for destruction to the department head listing the records to be destroyed, showing the age and type of record and the applicable retention schedule. 4. Destruction shall not occur until the department head, approves, in writing, the request for destruction after checking with the City Attorney, as necessary, to verify the document is not involved in a pending claim or litigation involving the City. The department head may deny the destruction of any record or condition the destruction on the prior micro filming of the record in accordance with Section E of this policy. 3/Rssos 92-17 5. Once permission to destroy has been given, The City Clerk's offwe shall oversee and witness the destruction. When destruction has been completed, the date and manner of destruction and the attestation that the City Clerk or designee witnessed the destruction shall be listed on the request form. The request for desauction together with the written approval of the department head shall be maintained in a separate file kept by the City Clerk. 6. Disposal of any records, once destroyed as provided herein, may be made pursuant to any recycling program or policy of the City. D. RI=rI~-~ON S~UI In compliance with Government Cede Sections 34090 and 34090.5, the following Records Retention Schedule (Schedule A) has been established to implement and maintain this Policy. E. VID~-O AND AUDIO SCHI:DUI]::-q Duplicates of re~ords, less than two years old may be destroyed, if no longer required, without microfilming. Video and audio recording .mediums are considered duplicate records if and when the City l~eeps another record such as written minutes of the event which is recorded. However, a video medium shall not be destroyed for a period of at least 5 years after the event recorded thereon. F. lITIGATION SCI-F:-DUI ol=-~ These records must be k~pt for five (5) years or until such time as their relevance to, and need in pending litigation or claims against the City is resolved through settlement with prejudice or final court adjudication. 1. Written claims presented under the Government Ton Claims Liability Act. 2. Records related to, or involved in, pending criminal investigations and actions or civil lawsuits. E. MICROFIr -MING Microf~ming, 'when authorized in this Policy, shall be performed in compliance with all of the following conditions: 3/Reins 92-17 -5- 1. The record, paper, or document is photographed, microphotographed, reproduc~ by elearonically recorded video images on magnetic surfaces, recorded in the electronic data- processing system, recorded on optical disk, reproduced on film or any other medium which does not permit additions, deletions or changes to the original document, or reproduced on film, optical disk, or any other medium in compliance with the minimum standards or guidelines, or both, as recommended by the American National Standards Institute or the Association for Information and Image Management for recording of permanent records or nonpermanent records, whichever applies. 2. The device used to reproduce the record, paper, or document on film, optical disk, or any other medium is one which accurately and legibly reproduces the original thereof in all details and which does not permit additions, deletions or changes to the original document images. 3. The photographs, microphotographs or other reproductions on film, optical disk or any other medium are made as accessible for public reference as the original records were. 4. A true copy of archival quality of the film, optical disk, or any other medium reproductions shall be .kept in a safe and separate place for security purposes. No page of any record, paper or document shah be destroyed in any page cannot be reproduced on film with full legibility. Every non-reproducible page' shall be permanently preserved in a manner that will afford easy reference. ANNUAL REVIEW BY CITY ATTORNEY The City Clerk shall be responsible for requesting an annual review of this Policy by the City Attorney. This request shall be made through the City Manager. Pursuant to the requirements of Government Code Section 34090, I hereby give my consent to. the destruction of records under the direction of the City Clerk pursuant to this Policy City AtWmey Date: City of Temecula 92-17 -6- Group No. I Iil V VI VIII XI XII Xlll CITY OF TEMECULA RECORDS RETENTION SCHI~ULE Record Title or Description ORIG DUP 'Office Canter (Yrs.) lyre.) Records eftacting tiUe to real property or liens X 2 P thereon Deltroy IYrs J If Micro If Idicro If Micro Records required to be kept penTmrmntiy by statute X 2 P Minutee, ordinanoee and resoluteotto of the City Council or Boards end Commissions. Documents with lasting historicad, administrative, legal, flee41, or research value. Re~ords which do not require permanent copies for storage purposes Correspondence, operational reports and information upOn which City policy has been established. X 2 P X 2 P X 4 If Micro X 2 10 12 Duplicates of V above, when retention is necolllry for reference Records requiring retention for more then five years but no more than fifteen years by statute or administration value. Duplicates needed for administrative purposes for five - fifteen years. All other original City records, or instruments, books or papers that ere considered public documents not included in Groups I through VIII X 2 X 2 13 2 15 X 2 13 X 2 1 3 Duplicates end other documents not public records required To be maintained for administrative purposes. Duplicate records requiring retention for administrstjve purpose such es reference material for erieking up budgets, for planning, and programming. Reference' files. (Copies of documents which duplicate the record copies filed elsewhere in the City;, documents which require no action end ere non-record; rough drifts, notes, feeder reports, and similar working papers accumulated in preparation of I communication, study or other document, end cards. listings, indexes and other papers used for controlling work). X X 2 3 5 X 3 X 1 Schedule Note: Any item can be destroyed if two copies of microfilm done with one in safe storage and ecconq:dilhed properly. Destmction years ordy apply if net on film. Note: Any item not on microfilm and subject to destmction will not be destroyed without written permission of · the department head and the City Attorney. Note: Regardlee of Office Retention period as listed, eenier transfer to the Retrieved Center is euthorized. Note: Odinel coun~l minutes, ordinances, resolutions end official bonds will not be destroyed even if micro filmed. 92-17 Continued... XIV XV XVI Tren~itory files, including letters of tren=mittal (when not · public record) euepenme colNee when retNy h~ been raneivecl, routine request, for information end publication, tracer lettsre, feeder reports, and other duplicates copies no longer Odginal documents disposable upon occuffonce of an evem or an motion (i.e., audit, job completion, completion of contract, ets.) or upon obsolescence, muperee~don, revocation. Policy files end reference sets of publications. XVII Duplicates or non-record documents required for eclminietretivo needs but destroyable on occurrence of an event or an action. X x 3 X Indef Indef X Indef Indef 3 Note: Destroy upon supersession or chicleItches. 3/Ruos 92-17 DI=SCRIPTION OF P~-RMAN~NT R~CORDS Auachrnent TO Schedule 'A" ,,,-,Group I - Records - Affecting Property Title or Liens Group I documents shall not be subject to destruction, except if microfilming or reproduction by other medium which does not permit additions, deletions or changes to the original document is performed in strict accordance with the provisions of Government Code Section 34090.5. Building and Safety: Utilities: Building Permits Lights Capital Improvements: Water Plans Power Drawings Cablevision Checks & Inspection Television. Easements Maps: Street Names .& Numbers Streets Liens Light Condemnations Trees Assessments .. Signals Parking Deeds Parks: Signs Bikeways Curbs Landscaping Gutten Right-of-way Walks Weed Abatement Bikeways Striping Drainage: Housing Rood Control General Plan: Soft Erosion Amendments Hydrology Zoning Group H Group In Group IV A. B C Group V Records Required to be kept by Statute Minutes, Ordinances and Resolutions of City Council or Boards and Commissions Announcements, Notices, Affidavits, Agendas, Minutes, Resolutions, Ordinances, Proclamations, Supporting Exhibits Documents with lasting administrative, legal, fiscal, historical or research value. Administrative- Personnel cumulative records, Reviews, Action, Promotions, Time Records, Leave, CETA, Policy and Procedures, OStIA Inspections, Affirmative Action Pwgram, any like above. Fiscal - Audit - Annual and Semi-annual, Monthly Budget Allocations, Appropriations, Expenditures, Encumbrances, Journals and Ledgers, Inventory, Payroll, Receipts, Collections, Cash, Check Register, Capital Property, Business License, Fees, Schedules, Grants, Bonds, Trust Funds, Revenue Sharing, Treasurer's Register. Historical City Organization Charts, Service Organizations, Chamber of Commerce, Homeowners' Associations, City Flower/Tree, Teen Centers, Schools, Universities, Press Releases, Department Staff Summaries, Report and Statistical Analyses. Bicycle Licenses, Purchase orders and requisitions, Contracts or Agreements, despite a shorter term pwvided therein and Entertainment/Special Event Permits 3/Rm~ 92-17 ITEM NO. 6 APPROVAL CITY ATTORNEY ~'~ FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: City Clerk DATE: May 11, 1993 SUBJECT: Reconfirmation of Local Emergency RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECONFIRMING THE EXISTENCE OF A LOCAL EMERGENCY BACKGROUND: The provisions of Government Code Section 8630 require that "whenever a local emergency has been proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days uneless it has. been ratified by the governing body... ". The City Council took that action at the meeting of January '19, 1992. However, the same Government Cbde Section 8630 also provides "...The governing body shall review, at least every 14 days until such local emergency is terminated, the need for continuing the local emergency...". In order to comply with this review provision, staff will place a resolution reconfirming the emergency on your agendas until the termination at the earliest possible date that conditions warrant. RESOLLrrlON NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMF_.CULA RECONFIRMING THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS, Ordinance No. 91-34 of the City of Temecula empowers the Disaster Council/Disaster Director to proclaim the existence or threatened existence of a local emergency when said city is affected or likely to be affected by a public calamity and the City Council is not in session, subject to ratification by the City Council within seven days; and WHEREAS, conditions of extreme peril to the safety of persons and property have arisen within this city, caused by extreme rainfall and flooding commencing on or about 4:30 PM on the 16th day of January, 1993, at which time the City Council of the City of Temecula was not in session; and WHEREAS, said City Council does hereby find that the aforesaid conditions of extreme peril did warrant and n.ecessitate the proclamation of the existence of a local emergency; and WHEREAS, the Disaster Council/Disaster Director of the City of Temecuh did proclaim the existence of a local emergency within said city on the 16th day of January, 1993. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. It is hereby reconfh-Tned that said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Temecula, State of California. Section 2. The City Clerk shall certify the adoption of this resolution. APPROVF. n AND ADOPTF~n, this 1 lth day of May, 1993. ATFF_ST: I. Sal Mu~oz, Mayor June S. Greek, City Clerk [SEAL) ./"~ Reaos 306 I STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TF_.MF, CLmA ) SS I, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 93- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 1 lth day of May, 1993 by the following roll call vote. AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: June S. Greek, City Clerk Ruo~ 306 2 ITEM NO. 7 APPROVAL CITY MANAGER ,~ CITY OF TEMECULA AGENDA REPORT TO: FROM: City Council/City Manager Gary Thornhill, Director of Planning DATE: May 11, 1993 SUBJECT: Fourth Amendment to the Joint Powers Agreement Creating the Riverside County Habitat Conservation Agency PREPARED BY: Craig D. Ruiz, Assistant Planner RECOMMENDATION: Approve the attached amendment to Section 3.7.4 of the Joint Powers Agreement Creating the Riverside COUnty Habitat Conservation Agency (the "Agreement") and Authorize the Mayor to sign the amended Agreement. BACKGROUND: In 1990, the City of Temecula became a member of the Riverside County Habitat Conservation Agency (RCHCA) Joint Powers Authority (JPA). The RCHCA is the organization responsible for implementing the Section 10(a) Permit and the Short-Term Habitat Conservation Plan (HCP) for the Stephens Kangaroo Rat (SKR). The HCP is administered through an Agency Agreement with the California Department of Fish and Game (DF&G) and a Section 10(a) Permit from the U. S. Fish and Wildlife Service. DISCUSSION: The proposed amendment to the Agreement would modify the existing voting procedures for the Board of Directors of the RCHCA. The JPA presently provides that each Board member has a percentage of the vote equal to the percentage of the Member Agency's overall contribution to the RCHCA. This has produced a situation wherein approximately 67% of the total voting power of the Riverside County Habitat Conservation Agency Board of Directors is vested in the County of Riverside. The purpose of the proposed amendment is to preclude unilateral decisions by one member agency. The proposed amendment would require the votes of at least three RCHCA Member Agencies constituting more that 50% of the voting strength to approve or disapprove any action. FISCAL IMPACT: None. R:~,S\SIC~JPAIvtI~ID4.AR 4/19193 tjs 1 ATTACHMENT: 1. Fourth Amendment to Joint Exercise of Powers Agreement Creating the Riverside County Habitat Conservation Agency - Page 3 R:\S\SKR~/PAIV[END4.AR 4119193 ~s 2 ATTACHMENT NO. 1 FOURTH AMENDMENT TO JOINT POWERS AGREEMENT CREATING THE RIVERSIDE COUNTY HABITAT CONSERVATION AGENCY R:\S\SKR~JPAM]~iD4.AR 4/19/93 tie 3 Riverside County Habitat Conservation Agency City of Corona · City of Hemet · City of Lake Elsinore · City of Moreno Valley · City of Perris City of Riverside · City of Temecula · County of Riverside March 25, 1993 Mr. David Dixon City. Manager City of Temecula 43174 Business Park Drive Temecula, CA 92590-3606 SUBJECT: REQUEST FOR CITY COUNCIL CONSIDERATION OF PROPOSED FOURTH AMENDMENT TO THE RIVERSIDE COUNTY HABITAT CONSERVATION AGENCY JOINT EXERCISE OF POWERS AGREEMENT Dear Mr. Dixon, At their meeting on March 18, 1993 the Board of Directors of the Riverside County Habitat Conservation Agency ("RCHCA") unanimously approved the attached Fourth Amendment to the RCHCA Joint Powers Agreement ("JPA"). As part of that action the RCHCA Board formally referred this .JPA amendment to the governing bodies of each member agency for their consideration. Formal approval by each RCHCA member agency is required in order to effectuate the JPA amendment. This proposed amendment reflects the unanimous intent of the RCHCA to modify existing voting procedures for the Board of Directors. The JPA presently provides that each Board member shall have a percentage of vote equal to the percentage of his or her Member Agency's overall contribution or deemed contribution to the RCHCA. As defined in the JPA, "contribution" includes SKR mitigation fees, grant funds, and property donations. In actuality, SKR mitigation fees have been the sole source of member contributions. The present distribution of voting strength therefore is directly proportional to the amount of mitigation fee revenue collected and transferred. This has produced a situation wherein approximately 67% of the total voting power is vested in the County of Riverside. In order to preclude unilateral decisions by one member agency the proposed JPA Amendment would require votes from at least three RCHCA member agencies constituting more than 50% of the voting strength to either approve or disapprove any action. Attached is the Fourth Amendment to the RCHCA Joint Powers Agreement. The RCHCA Board of Directors is requesting approval of this item by the Temecula City Council. 4080 Lemon Street, 12th Floor Riverside, CA 92501 Telephone: (909) 275-1100 Fax: (909) 275-1105 Should the Council approve this JPA Amendment please have nine counterpart signature pages executed by the Mayor and City Clerk. The executed documents should be returned to me, and upon receipt of similar documents from all RCHCA members I will forward a fully executed version to you for the City's files. On behalf of the RCHCA Board of consideration of this JPA Amendment. contact me at 275-1100. Directors please accept my thanks for your If you have any questions or concerns please Sincerely,/- --~ Brian Loew Executive Director Riverside County Habitat Conservation Agency CC: Mayor J. Sal Munoz Gary Thornhill,--Director of Planning FOURTH AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT CREATING THE RIVERSIDE COUNTY HABITAT CONSERVATION AGENCY This FOURTH AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT CREATING THE RIVERSIDE COUNTY HABITAT CONSERVATION AGENCY ("Fourth Amendment") dated for reference purposes only as of April 1, 1993, is made by and between the COUNTY OF RIVERSIDE, THE CITY OF CORONA, THE CITY OF HEMET, THE CITY OF LAKE ELSINORE, THE CITY OF MORENO VALLEY, THE CITY OF PERRIS, THE CITY OF RIVERSIDE and THE CITY OF TEMECULA (collectively the "Member Agencies"). RECITALS WHEREAS,. the Member Agencies desire to amend Section 3.7.4 of the Joint Exercise of Powers Agreement Creating the Riverside County Habitat Conservation Agency (the "Agreement") as hereinafter sat forth. AGREEMENT NOW, THEREFORE, the Member Agencies hereby agree as follows: 1. Section 3.7.4, "Voting and Quorum" of the Agreement is hereby amended in its entirety to read as follows: "Section 3.7.4 Votina and Quorum. The total voting power of all seats of the Board shall be 100%. Each regular representative shall have a percentage of vote equal to the percentage of his or her Member Agency's overall contribution or deemed contribution to the Agency as calculated pursuant to Sections 3.10. 1 and 3.10.2 below. A Member Agency's overall contribution to the Agency shall be calculated monthly or on such other periodic basis as the Board may approve. The majority of the number of Directors of the Board shall constitute a quorum of the Board for the transaction of business; provided, however, that in the absence of a quorum the majodty of Directors present at any Board meeting may adjourn until the time fixed for the next regular meeting of the Board. The affirmative vote of at least three Directors constituting more than 50% of the voting strength of the Board as represented in the quorum which is present at that time shall be required for the approval of any actions; provided, however, that a numerical majority of the Directors as represented in any such quorum may approve any action unless at least three Directors constituting more than 50% of the voting strength of the Board as represented in such quorum vote to disapprove any such action." 2. The terms and conditions of the Agreement are not expressly amended by this Fourth. Amendment shall continue in full force and effect. 3. This Fourth Amendment shall become effective on the date that execution of this Fourth Amendment is authorized by the last of the governing bodies of the Member Agencies. IN WITNESS WHEREOF, the parties have executed this Fourth Amendment as of the date last set forth below and agree to abide by its terms from this date forward. Dated: CITY OF CORONA ATTEST: By: Mayor City Clerk Dated: CITY OF HEMET A'I'I'EST: By: Mayor City CI.erk Dated: CITY OF LAKE ELSINORE ATTEST: By: Mayor CityClerk Dated: ATTEST: City Clerk Dated: ATTEST: City Clerk Dated: ATTEST: City Clerk CITY OF MORENO VALLEY By: Mayor CITY OF PERRIS By: Mayor CITY OF RIVERSIDE Mayor Dated: CITY OF TEMECULA ATTEST: By: Mayor City Clerk Dated: COUNTY OF RIVERSIDE ATTEST: By: Chairperson, Board of Supervisors Secretary, Riverside County Habitat Conservation Agency ITEM NO. 8 APPROVAL CITY ATTORNEY ,~ FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council - City Manager May 11, 1993 EStablishment of a Second Deferred Compensation Plan Option PREPARED BY: Luci Romero, Human Resources Administrator RECOMMENDATION: Adopt Resolution No. 93- __, entitled "A Resolution of the City Council of the City of Temecula Establishing a Deferred Compensation Plan BACKGROUND: Regular City Employees may currently participate in a IRS Section 457 Deferred Compensation Plan (457 Plan) offered through the ICMA Retirement Corporation (ICMA). The City now has the opportunity to provide a second deferred compensation plan option, offered through the U. S. Conference of Mayors and administered by the Public Employees Benefits Services Corporation (PEBSCO). PEBSCO is the administrator which the City selected to provide a 457 Plan for Project Employees. The attached Resolution establishes the administrative mechanism for the plan to be offered to Regular Employees. However, actual participation in the PEBSCO plan is totally voluntary on the part of employees. FISCAL IMPACT: This action is administrative, there is no direct fiscal impact to the City. RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF TEMECULA ESTABLISIHNG A DEFERRED COMPENSATION PLAN FOR REGULAR EMPLOYEES WHEREAS, the City established a Deferred Compensation Plan to be made available to all Regular Employees; and WHEREAS, certain substantial tax benefits could accrue to employees participating in said Deferred Compensation Plans; and WItEREAS, the U.S. Conference of Mayors has established a master prototype deferred compensation program for cities and political subdivisions permitting its member cities and their employees to enjoy the advantages of this program; and WHEREAS, the U.S. Conference of Mayors has selected and contracted with an independent plan administrator to accept and fulfill the responsibility for all administrative requirements necessary for the successful operation of the Program; and WHEREAS, the U.S. Conference of Mayors, as Plan Administrator, agrees to hold harmless and indemnify the City, its appointed and elected officers and participating employees from any loss resulting from The U.S. Conference of Mayors or its Agent's failure to perform its duties and services pursuant to The U.S. Conference of Mayors Program. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Temecula as follows: Section 1. The City Council hereby adopts the U.S. Conference of Mayors Deferred Compensation Program and its attendant investment options and hereby establishes the City of Temecula Deferred Compensation Plan for the voluntary participation of all eligible Regular Employees. Resos 308 Secton 2. The City Manager or his designee is authorized to execute all agreements and contracts as are necessary to implement the Program and to act as the City's "Administrator" of the Plan. PASSED, APPROVED AND ADOFrED by the City Council of the City of Temecula at a regalar meeting held on the llth day of May, 1993. ATTEST: J. Sal Mu~oz, Mayor June S. Greek, City Clerk [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 1 lth day of May, 1993, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, City Clerk 308 · · UNITED STATES CONFERENCE OF MAYORS DEFERRED COMPENSATION PROGRAM CITY ADMINISTRATIVE AGREEMENT This agreement is executed by and between the United States Conference of Mayors (USCM) of Washington, D.C., and the City of ICity). RECITALS I. THE PROGRAM: USCM has established a Master Deferred Compensation Program for Cities, permitting Cities, other local government agencies and their employees to enjoy the advantages to be derived from Section 457 of the Internal Revenue Code. The intent of the Program is to assist 6ities and their employees in establishing an increased measure of financial security by providing for additional retirement income through the deferral of before-tax dollars and the reduction of current income tax liability thus offsetting the effects of inflation on their ultimate retirement benefits. The Program will provide Cities with a new way to help employees help themselves by providing an attractive incentive to build a voluntary fund for their supplemental retirement income requirements. The Program will be provided at no cost to Cities other than incidental expenses related to payroll deductions. II. REGULATORY CONSIDERATIONS: USCM has received opinion of counsel that the Program meets all necessary criteria for approval by all federal regulatory authorities governing such Programs, including the Internal Revenue Service. Ill. COMPETITIVE BID PROCESS: USCM has conducted a competitive Bid selection process on behalf of its Member Cities and. as a result of careful evaluation of administrative abilities and experience, has selected those insurance and investment institutions proposing the most attractive combination of costs, benefits and services. An independent actuary was retained to review the costs, benefits, services and investment yields of the products offered under the Program to insure'their competitive balance in the marketplace and to best meet the needs of member cities. This Bid selection process was performed by USCM in order to comply as closely as possible with governmental purchasing procedures. IV. PROGRAM ADMINISTRATOR: USCM has agreed ~;o sponsor the Program and has selected and contracted with an independent plan administrator eminently qualified to accept and fulfill the responsibility for all administrative requirements necessary for the successful operation of the Prograr~. DC-639-A (7/87~ CITY CONSIDERATION: City recognizes that such tax-deferred savings benefits will act as incentives for employees to voluntarily set aside and invest portions of their current income to meet their future financial requirements and supplement their City retirement income. City recognizes that through the adoption of the USCM Program. all such regulatory, operational, adrrdnistrative and other Program management responsibilities are assumed by USCM on behalf of City, in accordance with the Plan document. City recognizes the important contribution of USCM's technical expertise in the design, implementation and administration of a national Program established and administered in compliance with all applicable regulatory jurisdictions. City recognizes the advantages and economies of scale secured by the mass purchasing leverage of USCM and Cities through a comprehensive bid selection analysis. City recognizes the benefits of USCM's establishment of a functional administrative system on behalf of Cities to adir, inister the Program. City has enacted the necessary resolution/court order to adopt the USCM Plan Agreement and to establish its Deferred Compen. sation Program for its employees. VI. USCM RESPONSItilLITIES: NOW, THEREFORE, it is agreed that USCM shall: B, C, D, DC-639 -A Provide City with a Deferred Compensation Plan Agreement and necessary agreements for execution with its participating employees which is and wiJl be maintained in compl/ance with the provisions of the Internal Revenue Code. Establish the overall Program, its funding options and administrative operations so as to comply with other regulatory authorities, including state statutes, constitutional restrictions and other appropriate authorities. Provide City with such technical assistance as is necessary to implement the Program in accordance with the needs and objectives of the City's individual requirements. Warrant that it has conducted, on behalf of Cities, a comprehensive bid selection process designed to provide the most competitive combination of costs, benefits, and services for Cities and their employees. Review annually the administrative, operational and financial performance of such selected companies and take such actions as are necessary to assure the City and its employees the best possible continuity of costs, benefits and services. Provide a comprehensive administrative service system to facilitate employee defer~als, reconciliations, disbursements to the investment media, maintenance of the individual and City account records, provide periodic statements and coordinate employee distributions, and assure proper tax reporting systems. Provide such accounting and audit systems as are necessary to insure the fiscal integrity of the Program and to provide City with reports and work papers as are reasonably necessary to meet the City's individ,~al financial reporting requirements; Provide for an initial and continuous employee educational program to make certain all interested City employees receive a thorough understanding of the overall Program, its advantages and restrictive provisions of the program. (7/87) Provide such employee communication materials and other forms. documents and agreements as are necessary to administer the Program. Provide the City and its employees such convenience and timeliness of individual services as are required for effective employee understanding of participation, VII. CITY RESPONSIBILITIES: NOW, THEREFORE, it is agreed that the City shall: A. Provide USCM its full cooperation and support in administering the necessary deferral system for employee contributions. B, Disseminate from time to time such promotional material as provided by USCM for employee distribution. Co Arrange for representatives of USCM's Program to conduct orientation meetings with City employees. .D. Name a City official of committee to act as Contract Administrator on behalf of the City on all material matters r. elating to activities of the Program. Accept the terms and conditions of the insurance and investment company .contracts as represent&l by USCM pursuant to the operation of this Program. Assist USCM and the Plan Administrator, as necessary, in the development of comprehensive investment and service specifications. It is mutually understood and agreed that USCM has designated Public Employees Benefit Services Corporation (PEBSCO) to act as its Agent in fulfilling certain of the administrative and marketing requirements of this Agreement. If USCM or PEBSCO unsatisfactorily perform the responsibilities and services pursuant to this Agreement, the City shall give notice to both USCM and PEBSCO specifically stating the nature of USCM or PEBSCO's failure to perform. If the specified default is not corrected within ninety {90) days following the notice of default by the City. the City may terminate this Agreement. This Agreement is effective until written notice of termination is provided by either party. CITY UNITED STATES CONFERENCE OF MAYORS Executive Director Date Date DC-639-A {7/87} .- ITEM NO. 9 FINANCE OFFICEI~ ~_~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Tim D. Serlet, Director of Public Works/City Engineer May 11, 1993 Award of Professional Services Contracts for Civil Engineer, Land Surveying, Structural Engineering, and Soils Testing for Project No. PW93-02, Liefer Road Crossing PREPARED BY: ~ Raymond A. Cassy, Principal Engineer - Land Development RECOMMENDATION: That the City Council approve an operating transfer from the General Fund to the Capital Improvement Fund in the amount of $29,300 (including 10% contingency), and appropriate $29,300 in the Capital Improvement Fund for the design of the Liefer Road Crossing, Project Number PW93-02. That the City Council award Professional Services Contracts to provide services for the design of the Liefer Road Crossing and authorize the Mayor and City Clerk to execute the following contracts: 1. NBS/Lowry for civil engineering services in the amount of $10,720; 2. NBS/Lowry for construction staking services in the amount of $700; Leighton and Associates for soils testing and observation in the amount of $10,968; and 4. McDaniel Engineering for structural engineering services in the amount of $4,250. BACKGROUND: In January of this year, the City of Temecule received a significant amount of rainfall. The floods resulting from those events had an impact on a number of public and private facilities. In at least one instance, within the City limits, the residents .of a neighborhood were cut off due to the floods. Liefer Road was severed at its intersection with Nicholas leaving homeowners stranded for a number of days. -1- pwOS%agclrpt%93%OS11%pw93-O2.oon 0503- In response to concern for public health and safety, Staff met with FEMA and State O.E.S. representatives after the storms to discuss the potential for Federal end State funding for the design and construction of a "crossing" at that location. The ensuing response was positive as evidence by the attached Damage Survey Report (DSR 1 ) describing what was truly an "emergency crossing". Since that time, Staff has evaluated the possibility of funding a more permanent facility and has successfully processed an amended DSR (Attachment 4 - DSR 2) for a precast concrete bridge. The subject contract services include the design and construction staking for the bridge and associated channelization. At least three proposals were received for the soils, civil, and staking services. The structural engineer was chosen from two applicants deemed to be experienced in FEMA bridge projects such as this. Civil ~:naineerino: Civil Engineering services for this project are chosen based on an annual list established by .the Public Works .Department of firms qualified to perform surveying services and firms determined to be experienced in emergency FEMA projects. NBS/Lowry has provided civil engineering services for the City on previous projects and has performed well. Land Survevinn: Land surveying services for this project are chosen based on an annual list established by the Public Works Department, of firms qualified to perform surveying services and firms determined to be experienced in emergency FEMA projects. NBS/Lowry has provided surveying services for the City on previous projects and has performed well. They are also the design engineer for this project and have an excellent working knowledge of the project and the area. Soils Testing and Observation: Soils testing and observation services are also chosen from an annual list established by the Department of Public Works and selected from thatlist based on qualifications and experience with the particular project type. Leighton and Associates has also performed well on previous projects in which they have provided soils testing services. Structural Engineerinn: The structural engineer for this project was chosen due to their experience with bridge construction and with emergency FEMA-related projects. They have also performed well on previous FEMA-related projects in the City. All of the above services, as well as those of the contractor, will be under the direct supervision of the Principal Engineer for Land Development for the entire contract period. Tentative Schedule: With design contracts awarded on May 11, the bid package should be completed by June 23, bid opening by July 22, construction awarded at the August 10th City Council Hearing, and construction completed by October 15th. Estimated Construction: The preliminary construction estimate is for ~ 118,800, including a 10% contingency factor (see attached). The estimate for design services approved by FEMA in DSR 2 is slightly less than the actual contract amounts attached. The difference will be reimbursed from the proposed Liefer Road Community Services District unless FEMA agrees to approve the additional cost at a later date. -2° : pwO5~agdrpt%93%051 l~ow93-O2.oon 0503a FISCAL IMPACT: This project will require an operating transfer from the General Fund in the amount of $29,300 to the Capital Improvements Fund and an appropriation of $29,300 to the appropriate Capital Improvements account. FEMA should reimburse the City for 75% of the design and construction cost, the State OES should reimburse the City for 18.75%, as indicated by the attached DSR and the remainder will be reimbursed from the proposed Liefar Road Community Services District. The construction estimates for the appropriation are preliminary and funds will be appropriated at the time of award. Attachments: 2. 3. 4. 5. 6. 7. Contracts: NBS/Lowry (2), Leighton and Associates, McDaniel Engineering Preliminary Project Schedule Original DSR (DSR 1) Amended DSR (DSR 2) Preliminary ConStruction Estimates (DSR 2) Site Plan Site Pictures -3- pwO$%egdrpt%93%O511%pw93-O2.eon OS03e AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this day of 19 , between the City of Temecula, a municipal corporation, hereinafter referred to as "City" and NBSILowry, Incorporated, a California Corporation, hereinafter referred to as "Consultant". The parties hereto mutually agree as follows: SERVICES. Consultant shall perform the tasks set forth in Exhibit °A "attached hereto. Consultant shall complete the tasks according to the schedule set forth in Exhibit ",4 ". PERFORMANCE. Consultant shall at all times, faithfully, industrially and to the best of his ability, experience and talent, perform all tasks described herein. PAYMENT. The City agrees to pay Consultant monthly, at the hourly rates set forth in Exhibit "B" attached hereto, based upon actual time spent on the above tasks. This amount will not'exceed the fee schedule presented as Exh/bit "C" for the total term of the Agreement unless additional payment is approved by the City Council; orovided that the City Manager may approve additional payments not to exceed ten percent (10%) of the Agreement, but in no event more than $10,000.00. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month. Payment shall be made by the within thirty (30) days of receipt of each invoice. SUSPENSION. TERMINATION OR ABANDONMENT OF AGREEMENT. The City may, at any time, suspend, terminate or abandon this Agreement, or any portion hereof, by serving upon the Consultant at least ten (1 O) days prior written notice· Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Within thirty-five (35) days after receiving an invoice from the Consultant, the City shall pay Consultant for work done through the date that work is to be ceased pursuant to this section. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement. BREACH OF CONTRACT. 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 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. -1- , If the City Manager or his delegate determines that the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. TERM. This Agreement shall commence on /~/' 'f I t ,19~7a', and shall remain and continue in effect until tasks described herein are completed, but in no event later than 0C~'e.~ '~u , 19q3 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 Jddicial Arbitration and Mediation Services, Inc. The arbitration hearing shall be conducted according to California Code of Civil Procedure Section 1280, et see. City and Consultam shall share the cost of the arbitration equally. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of this Agreement, all instruments of service, including 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. INDEPENDENT CONTRACTOR. The Consultant is and shall at all times remain as to the City a wholly independent contractor. Neither the City nor any of its officers, employees or agents shall have control over the conduct of the Consultant or any of the Consultant'$ officers, employees or agents, except as herein set forth. The Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. 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. LEGAL RESPONSIBILITIES. The Consultam shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. -2- 10. 11.' 12. NOTICE. Whenever it shall be necessary for either party to serve notice on the other respecting this Agreement, such notice shall be served by certified mail, postage prepaid, return receipt requested, addressed to the City Manager of the City of Temecula, located at 43174 Business Park Drive, Temecula, California 92590 and the Consultant at 27450 Ynez Road, Suite 320, Temecula, California 92591 unless and until different addresses may be furnished in writing by either party to the other. Notice shall be deemed to have been served seventy-two (72) hours after the same has been deposited in the United States Postal Services. This shall be valid and sufficient service of notice for all purposes. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without the prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be the value to the City of the services rendered. LIABILITY INSURANCE. The Consultant shall maintain insurance acceptable to the City in full force an effect throughout the term of this contract, against claims for injuries to persons or d~mages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, employees or subcontractors. Insurance is to be placed with insurer with a Bests' rating of no less than A:VII. The costs of such insurance shall be included in the Consultant's bid. The Consultam shall provide the following scope and limits of insurance: A. Minimum Scope of InsUrance. Coverage shall be at least as broad as: Insurance Services Office form Number GL 0002 (Ed. 1/72) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). Insurance Services Office form no. CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. Workers' Compensation insurance as required by Labor Code of the State of California an Employer's Liability insurance. 4. Errors and Omissions insurance. Minimum Limits of Insurance. Contractor shall maintain limits of insurance no less than: General Liability $1,000,000 combined single limit per occurrence for bodily injury and property damage. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. -3- .D. Workers' Compensation and Employer's Liability: Worker's compensa- tion as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. 4. Errors and Omissions Insurance. $1,000,000 per occurrence. Deductibles and Self-Insured Retentions. Any deductible in excess of $1,000 must be declared to and approved by the City. Other Insurance Provisions. Insurance policies required by this contract shall contain or be endorsed to contain the following provisions: All Policies. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice to the City via United States First Class Mail. General Liability and Automobile Liability Coverages. The City of T~mecula, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultam; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant, or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. With regard to claims arising from the Consultant's performance of the work described in this contract, the Consultant's insurance. coverage shall be primary insurance as respects the City of Temecula, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall apply in excess of, and not contribute with, the Consultant's insurance. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employ- ees or volunteers. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Worker's Comoensation and EmPlOyers Liability CoveraQe. The insurer shall agree to waive all rights of subrogation against the City of Temecula, its officers, officials, employees and volunteers for losses arising from work performed by the Consultant for the City. -4- Verification of CoveraQe. Contractor shall furnish the City with certificates of insurance effecting coverage required by this clause. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certifi- cates are to be on forms provided by the City and are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall include all subconsultants as insureds under its policies or shall furnish separate certificates for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self insured retentions as respects the City~ its officers, officials and employees; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 13. LICENSES. The Consultant and subconsultant shall obtain all necessary licenses, including but not limited to City Business License. 14. INDEMNIFICATION. The Consultant agrees to indemnify and save harmless the Cities, 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 Consul- tant's negligent performance under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City. 15. 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 and any such document or instrument, the terms and conditions of this Agreement shall prevail. EFFECTIVE DATE AND EXECUTION: This Agreement shall be effective from and after the date is signed by the representatives of the City. This Agreement may be executed in counterparts. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CONSULTANT By: J..Matt Brudin, Vice President By: J. Sal Mu~oz, Mayor APPROVED AS TO FORM: Scott F. Field, City Attorney Temecula ATTEST: June S. Greek, City Clerk -6- EXHIBIT "A" SCOPE OF SERVICE LIEFER ROAD CROSSING DESIGN PHASE: Design Survey Prepare design surveys to determine the topography and culture within the project limits. Topographic information will include elevations at centerline of channel, toe and top of slopes and centerline elevations of Liefer Road to the crest of the hill on Liefer Road. Cross-sections will generally be taken at 50-foot intervals for a distance of 200' upstream and downstream of Liefer Road. Cultural information will include location of above-ground utilities such as telephone and cable TV pedestals, electrical transformers and appurtenant water facilities. Underground utilities will be noted by the location of such items as sewer manholes, valve cans and GTE and SCE vaults and by reference to as-built drawings and those items identified by a USA mark out requested by the City. Grading and Erosion Control Prepare a channel grading and erosion control plan (plan view and centerline profile) to provide for a smooth transition to the proposed crossing. It is assumed that the grading will not exceed 200 feet upstream or downstream of the proposed crossing. Street Improvement Plans Prepare a plan and profile design for Liefer Road from the centerline of Nicolas Road to the initial crest of the hill northerly of Santa Gertrudis Creek. Should the proposed design necessitate a vertical realignment of the intersection of Nicolas and Liefer Roads, these services will be provided for an additional fee as negotiated with the City. Provide detail sheets, as necessary, to incorporate structural details and specifications, as supplied b~/others. In addition, typical City of Temecula standard notes and specifications will be incorporated into the improvement plans. Hydraulic Calculations Perform hydraulic calculations (channel and bridge) to determine the water surface elevation and estimated depth of scour at the proposed crossing. Flow rates for calculations will be as provided by the City of Temecula. A-1 EXHIBIT "A" Engineer's Cost Estimate Prepare an estimate of the most probably cost of construction for the proposed design. Construction quantities will be estimated from the improvement plans. The engineer's estimate shall incorporate the structural engineer's estimate for the bridge. Meetings Attend one meeting with the Riverside County Flood Control District to discuss channel flows and verify the existing flow of 7.500 CFS. Attend one meeting with the City of Temecula to discuss design alternatives. · Attend pre-construction meeting at the City of Temecula. · Attend two construction support meetings upon request from the City of Temecula. Optional HEC II Analysis If it is determined by the City that an adequate starting water surface elevation cannot be obtained from the city, or other sources, or that modeling techniques require additional cross-sections outside the limits proposed above, additional survey and hydraulic analysis will be required. At the option of the City of Temecula, NBS/Lowry will provide surveying and hydraulic calculations downstream of Liefer Road to Joseph Road. Cross-sections will be taken at 400-foot intervals and limited to 250 feet either of the centerline of Santa Gertrudis Creek. CONSTRUCTION PHASE: Construction Surveying Construction surveying will be limited to providing horizontal and vertical control for Liefer Road from the centerline of Nicolas Road to the initial crest of the hill northerly of Santa Gertrudis Creek, including centerline elevations and top of curb elevations on the bridge only. EXCLUSIONS The City of Temecula will provide the following: structural, hydraulic and civil design standards, staff review and inter-agency processing as required. Additional exclusions include soils engineering, biological and geological reports, and historical or archaeological studies. A-2 NB OWRY EXHIBIT "B' ENGINEERS & PLANNERS SCHEDULE Effective July 1, 1992 OFFICE OF HOURLY BILLING RATES Engineering/Planning Senior Principal Principal Principal Engineer/Planner Senior Engineer/Planner Engineer/Planner Assistant Engineer/Planner $135.00 115.00 95.00 85.00 70.00 55.00 Design and Drafting Senior Designer Designer Senior Drafter Draher Engineering Technician $70.00 65.00 55.00 45.00 40.00 "'FIELD Construction Management Principal Engineer/Construction Mgr Senior Engineer/Construction Mgr ' Resident Engineer/Construction Eng Assistant Construction Engineer Inspector SERVICES AND EXPENSES 2.8 x Direct Salary 2.8 x Direct Salary 2.8 x Direct Salary 2.8 x Dired Salary 2.8 x Direct Salary Surveying Principal Surveyor Senior Surveyor Supervising Surveyor Survey Technician Survey Crew (3 Person) Survey Crew (2 Person) Travel Time Mileage (Survey Truck) $95.00 85.00 70.00 45.00 175.00 140.00 50% x Crew Rate .50/Mile Systems Anolyg/Sr Financial Analyst $85.00 Programmer/Financial Analyst 65.00 Senior Technician 55.00 Technician 45.00 Executive Secretary/Admin Assistant 45.00 Secretary 40.00 Word Processor/Clerk/Office Aide 35.00 Computers: Mainframe Connect Time PC Connect Time Disk Storage (Per Mb) Reports: (525.00 Minimum) Lines Printed CPU Time Photocopies Mileage Subsistence Other Expenses $30.O0/Hour lO.O0/Hour 15.30/Month .02/Line .50/Second · 1 O/Copy .32/Mile At Cost Cost + 15% Billing rates include overhead and are subject to change each year due to union bargaining agreements and cost of living increases. A late payment FINANCE CHARGE will be applied to any unpaid balance, commencing thirty (30) days after the date of the original invoice, at the maximum interest rate allowed by low. NBS/L 3-01 6/92 B-1 EXHIBIT FEE SCHEDULE LIEFER ROAD CROSSING Design Phase Construction Phase Total Authorization Optional HEC II Analysis TOTAL BUDGET $ 6,970 $ 7,670 $ 3,750 $11,420 C:%MiscLa, greerm. Tem C- 1 :S~T BY: USI.GItTON & ASSOC CITY 0F'IB~L~- ~002 7880881 ;~ 2/9 AGREEMENT FOR PROFE$~ICINAL SERVICES TIll8 AGREEMENT, made and entered into this day of , 1 g___.,, batwe the CIty of Temecula, a municipal corporation, heroinafter refs,rred to u 'City' and/, X,4,~ ~,//f~o~e/~r ,~<- , a C~,~, C~,ff,-~,~ , The perlira hersto mutually agree as tollowe: Se'RVIeER. Cormultant atmll Dm'~orm fie tasks set forth in Exhibit "A' stmohed heret~ i~qmJItarrt shall complete the ta~ks according to tie schedule set forth in Exhibit "A". P;RFnRMAN CE. Conl4asterx~ Shaft atoll times, faithfully, industrially and to the best of hb ablilW. ,xperferme end talent, perform all tas~ described heroin. PAYMENT. The City agrees to I~ay Conssirens mortthly, at the hoUrly rites lath in Exhi!~c "8"/teathid hereto, based UPOn acNal time e~ent on the above te~l~. This amount will not exceed ~' '. IO/q ~@."' for the total term of the Agrllmlnt unless additional payeeniTs appmved by the City Council; arovided that the City Manager may approve sdditiorral payments not to exceed ten I~mlnt (10%} Of the Agrmmmertt, but in no event more than .~10,000. Cmm~tmtt v, nl submit invoices monthly for acttel mrvicee performed. [nvoices shall be submitted on 'or about the first bu}inets day of each month, for sen/ices provided in the previous month. Payment =hall be made within thirty (30) days of rec. il~ of each invoice. RtISPENRinN. TFRMINATIQN OR ABANDONMENT OF AGR;=MENT. The City may, at any tim, sueend, terminate or alDendon this Agreement, ~ In¥ Dortion hereof, by serving upon the Canldl:lnt at least ten (10l days prior written notfP,,~, Ul~on recei~ of Mid notice, me Carsuites shall immediately cease all work under This Agreement, unles$ the nodal preN1des otherwise. Within thirty-five (35) cley~ after receiving an invoice from the Coraultant the City shall Day Consulam for work done through the date that work is to be ceased Dutsulnt to this section. if the City suspends, terminates or abandons · portion of this Agreement such suspension, tlfminatiOn or abandonserrs shah not make void or invalidate the remainder of this AgreemarL .~.'~H nF CONTRACT. In the event that Conram is in defaLdt~or cause under the tlrma of this Agreement, the City shall have no obligaUon or duty to oontinue cornpersisting Conzlaltlnt for any work performed after l~e date of default. Default shaft include not performing the tasks described herein tO the reasonable uttsfaction of the CIty Manager of ',he CIty. Falls by the Cmauitant to make progress In ttw, performance of work himunder, if such fa~une erlewe Out of causes beyond his control, and without fault or negfigenee of the Cenlultant, shall not be =mlidered e dafeurc ~uu3 ?880831 ;~ ~/~ if the CIty Manager or his delegate detersinai that the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall serve the Caredtent w~th wr[lUn notice of the default. The Consultant shall have ten (10) diys after service upon it of said notice in 'which to carl the default by rendering a ~eti~feete~. perlemanes. in the event that the C~nsultant re/is to e, ure its default within mzah period of tiN. the City shall have the right, notwi~etandlng any ether preytalon of this Agreement. to Terminate this Agreement wh:hout further notice end without prejudice to any other remedy to which it may be eatHad at law, in equity or unm ~/= Agreement. TERM. ThisAgreemarrtahallG0mmarmeon I~fA't'// ,19q3 ,end shall remain and continue In sffeGt unffi tasks desriled herein are completed, but in no event later than O c T, 6 .F ,z. 3c2 I g q 3 Any disputes regarding performerroe, default or ~ther matters in dislNte between the Ctty and thl Consultant arising out of this Agreement or breech thereof, shall be resolved by trbitrltion. The arbitratm's decision shell be firm[. Carmuhant shall select an arbitrator from a fist prey'glad by the City of three retired judges of the Juclleill Arbitmt~c,n and Mediation Sarvic~s, Ins. The arbiretion hearingshell be conducted according ~o California Code cf Civil Procedure Section 1280, 9tkllLg, (21ty 8mi CbMU[tent shell share the coat of the arbitration equally. OWNERSHIP OF n0r'l IME;NTR. Upon satisfactory completion of, or in the event of termination, suspension or sbandonmen~ ot this Agreement, all original documents, delgrm, drawings and notes prepared in the sourag of providing the services to be performed I~ursuant to this Agreement EMIl become the sole prQl3erty of the P-./ty anc~ may bs used. mused or otherwise rlLs~eud of by the City without the p.et~i~on of e Consultant. dan ~'J~ ~,ctemn;~y u.~r~ A, .,~ (.~birr~. ~.c,zrred INDEI=ENDENq' enNTRACTnR. The Con=ultam is and shall at .all times remain to th8 Clff I wholly !ndlpm~dsnt annaactor. Neither t!~ City nor any af its of~aars, employees or agents shell have control over the conduct of the Cortldtant or any of the C~rmuitant's off'are, employees or qenta, except ee hereln set forth. The Cormultant shall not s~ any tjme or in any manner represent that it or any of its officers, employees or agents am in any manner officers, employees or agents of the City. No employee benefits shaft be available to Consultant ',n connection wtth the performerme of this Agreement. Except as provided in the Agreement, CIty t~tlll not pay saleriu, wages, or other compensation to Cormultent for performing services heretuldet for City. City shall not be 'liable for compensation or indemnification to ConILl!tent for iniury or sinknasa arising out of performing services hereunder. LEr-AI RF-~F~N~Ltqll ~TIEi3. The Oeneultaet shell keep hee|f informed af State and Federal laws end regularjose which in any manner offset those employed by it or in any way afteat the perform/nag of its maryice purum to this Agreeam. The ConsaltoS shall et ell time; observe end caply with atl luoh laws end regulations. 21tg~fftatARi,e4 Ray 1/it/It -2- I~wOrt.mNll.O4'~gmta~mn~tla'~4 O¶ ~ZlZ 0.5,'04/8,3 14:00 ~78808~1 I, EIGffTON ~ ASS0C ~004 78.80831 ;~ 4/9 11. 12. The City. and its offi~.ers and employee,,. shall not be flame It law or in equity ~miarmd by failure of the Commitsot m comply with thie section. NOTICF. VJhenever ]t shall be necessary for either party to serve notice on the other respecting This Agreemint, such notice shill be served by c, ardfiad mail. postage prepaid, retlJrrl racetOt requested, addressed to the City Manager of the City of Temeculs; lad at 4317A Budnoes Perk 'Drive. T~mecub. Callf~nia 92590. end the Conedtantat 1~7 ~-,-~ fke..fill/Rt,~tG~b,~ C~..qT.~ unlese and urm'! dlfforent addrace,, may be fumishe~! in writing by airher laartY t~ the other. Mo~lce shell be deemed to have been served ,venty-two (72) hours after the same has been deposited in the United States Postal Services. This shall be valid end sufficient service of notice for all =timeass. ASSlGN ML=NT, The Consultantshell not assign the performance of this Agreement, nor any part thereof, nee any monies due hemunder, without the Oriee written consent of the City. Upon tsrmirmtion of This Agreement. Corlultlnt's sole compeniation shall be the value to the ~ of the services rendered. LIARILR"Y iNSURANCE. The ConmjItant shall maintain insurance acceptable to the City in full force ,,n effect throughout the term of This contract. against claims for injuries to persons or damages to Drolarty which my arise from or in connection with the performance of ~a work hereunder by the Ceteultant. his agems. rspresentaUvls, employees or subcontractors. Insurance is to be placed with insurer with · ifdi~.S' rating ofno tess than A:VIL The costs of ,,u=h insurance shall be ir~cluded in the Cont~{~tor~e bid. The Consultant shall provide the following scope end limits of insu~nce: A. Minim,m Scol;~ of InsurerJOe. Coverage shall be at least as broad insurance SoytoM Offic~ Form No, GL-0002 (Ed, 1/73) covering Comprehensive Genarai Li,,bjl[ty and Irmuranoe Services OffiGe Form NO, 'GL-0404 e-ovarieS irene[ Form Cornprehendve General Uebi!ity: or Insurance Services Office Commercial General Liability coverage ("o~ourrerme' Form No. CG-0001 i. Iniur~nne ~ervices Office Form No. CA-0001 ted. 1/78) coysting Autorno~le I.isblltty, Code I "any auto' end Endeasement CA-0026. Workers' Compensation insurance ,,,, r,,quired by L~bee Code of the State of CIIHomia end Employers' Liabili'cy insurance. 4. Errors end 0miMicera irmurarma. Minis; mq I emits of Jrlsumnc-. Contractor shall maintain limits of insurance less then: Gonerod Usbllity: e 1,000,000 combined single limit per occurTence for bodily injury and property damRe, 2/farmet~ N~v ll21/ll -3- 9WO3tJ2NVlZ-O&IA~f~iV~m~04 012212 SL~T 5- 8-S8; 8:~0~!; C 1 TY OF TIB~CE1_~- ~00~ 7880831:~ ~/9 AutomobTle Uabillt~. ~I ,O00,00O combined Iingle limit per accident for badly hjury and prqperCV damage. · WOrk. rE' Campsnotion sad Employers' LLmbliity: Warloam' Campermotion u requited by the Labor Code of ~ State of California and Employers' Ljabity limits of ~ 1,000,000 Nr accident. 4. Errors end Omissions Insurance: $1 ,O00,O00 ger occun'ence. neduotibles aqd ~alf-lns~red Retentions, Any deductible in ~m of e 1,000 m~ ~ dec~ m and opp~ by me ~. ,Other InW~ranae Provisions. inmJrance policioa required by this contract shall cantin ar M endcacti to contain the following All Poliei,t.i. Bach irmu~ I~icy required by this clsuu Ihall be endorsed ~o sta~ that coverage shall not be suspended. voided. canoelad by sither party. reduced in coverage or in limits sxcel~ after thi~y (30) days prior wrttten notice to the City via United Stat~s First Class Mail. · "-choral Unt~ilit-v -nd A,t~omph,'la l iabffh'v cover*aaiS. The City, offcars, officials, employees end volunteers am To be covsred insureds as respects:. liability arising out of e~ivities I~erformed by or on behalf of ~a Consultart,, products end completed olMratiorm of the Conradurn;, premises owned, occupied or usld by 1fie Coredtam:, or automobile owned, lease, hired ~r borrowed by the Coneultant. The coverage shall contain no spa=eel limiMtions on the scope of protection afforded to the City, .its officers, officials, employees or voluntaera, With regard to claims arising from the Canaultant's performance of the work described in thla ~-on~act. the Qartiultanr$ insurance coverage shall be primary insurance as respects the City, its officers, officials, emplaWa~ and volum~ers. Any innumnee or self-insurance mainmined by th~ City, its officers, officials. aml0ioy~es or volunteers shall apply in excess of, ~nd n~: oon~Foute with, the O~nsultanfe insurance. Any f~Dure to comply with the reporting provisions of the policies shall net effect coverage provided to~te Otto/, hs officem officials, employees or volunteers. The Consultoafs insurance ahell apply separately to each insured against whom claim is made ~' suit is brougm, except With MIIMmI to the limits of the irtsurm"s liability. =/fm~lAIIt~p~4 Ray 14:01 ~78808~I LEI~ON & ASSOC S- 8-~3; 8:B1~4: CI~' OF T]~ECT_LA- ~006 7880831 ;~ 61 S Ve!+Rr'q~ort oaL ~ovefeae, Corttllctor 8hiBI} fumbh the City' with certificate of insurance efteating coversac require by thLs oiluse, The certfficate8 for each insurance policy am to be signed by s person euth~ri=ed by that insurer to bind coverage on its behalf. The certificates are to be on forms Wovided by the City and ere to be · meetveal end el:oroved by the City before work commences. The City reserves the right to require r..~ml~lete. certified copies of a]l required inSmnr, a policies. at any time. Consultant ~all include all lubconsuflants as insumds urKJer its golir, ies or shall furnish separate clttjfii~l~a for each subcontractor. All coverage~ for '$ubconttamora/'tlll be cubjeer to all of the recluireme~s stated twoln, Any dedumiblks or self-insured retentiop4 must be declared to and approved by the City, At the eraion of the CIty, either: the insurer shall 'reduce or el;mlnetl such deductibles or serf-insured retentions as respects the CIty, its offu=era, of~niaJs and employees; or the Consultant eJ~!l procure · bond guarLrrteeing payment of losses end related investigations, claim administration and defense expenses. 13. ~ mP-EN;ES. T~e Consultant and Consultant shall obtain all necessary licenses. inatuding but no~ Iirnited to City Buaineu License. 14. INr~FMNIIqnATInN. The Consultant agrees to indemnify and save hermleal City, hs officers, officials, employees and volunteers from end ageinto any end 811 claims, demands, losses, defame o~at, or liability of any kind Or n~ure which the City, i~ officers, agents and employees may sustain or incur or which may be Imposed upon them for injury to or death of oarsons, or damage to properly at[sing out of Consultcat's negligent performance under the terms of this Agreemer~ e---;wtins only lieb~lt,f .vieiq cut of the solo nelllianas ¢f tht qity. rt~ 15. FNTIRI~ At!REEMENT. This Agreement and any documents or instrtmqent attached hereta u mfarrsd to heroin integrate s|l terms And[ ~-ondition~ mentioned heroin or in-ldmntsl hereto supersede all rmgOtildOrLt In¢l prior writing in respect to the subject matter hereof, In the event of conflict between the terms, conditiorm, or provisions of this Agreement end any such document or instrument, the terms end conditions of this Agreement shall prevaE. EFFI;trTtV~ BATE AND EXEnuTION: This Agreement shall bl effective from and after the dat~ it ia signed by the representativ~ of the {~ty. This Agreement may be execumc[ in ceJnterplrtl. llf~.enltlRCr04. Ray 1//~1t 8Bi' BY: 14:U~ CITY OF ~007 IN WITNE~ WHEREOF, the pardel hereto have caused ~is AEreeme~ to be executed the clay aM yur first above written, CONiULTANI' Print Name aM Title CITY OF TEMECULA ~, ~~,~ , By Petziei~: X Bbdedi, May'or APPROVED A8 TO !eORNI: $cott F, Fie~l, City Attorney A'r'rEET: June $. Greek, City Clerk ~r G~-h 0,~/04,'93 14;03 ~'7880833. LEIGET0.N & ASSOC : CITY OF. TIDr~CI] -~--, ~009 7880831:..--.8/9 EXHIBIT "A" TA.~ICR TO eF IN::RFORMED f,/t'eR, m/ARG-O4, Rev ~/;.3,m~. EXHIBIT hA" pwes',PW~-G4~mgww. m~netwtl, O4 OT 2,1l,e 05/04/9.3 14:03 ~'788083/. LEIGHTON &'ASSOC ~010 tEIGifTON AND 'A iATt INC At~n~ ~jr O~ Tem~c~ds 43174 B-~-En Pa~k Drive ~ Proposai For a aeote,-h,k~ hwest~=, Observalic~ and TcstinE dttting . ~. as~d Materbds Testh Nichols Road. Clty of Subsurfzcs caploratjons wgl be l~do~ at appropriate loc*,~-~ provLa~ zcquimd can7 tzmis a~ obminccL F.~otts wal be made to locate bzidgc botings st tJ~ lec~noas of bridge abutm-~t~ as pennkted by _-~-~____% czisting utz~ or tral]Ec on czisl~g ~ghwayk Jrldh~OlZp| cZ~Ioratlan macl analysis may be ncccss~y fir .nf~ cL'pm,et-n,'es m'¢ mmunlemd. 'I'M proposed scope oEwork w~l be s,,,,c~cd by pzoject surveyon and cooxdi~-,,'~ xud clcvatiom will be provided to us. The proposed pro~a writ rcplacc thc czisting Arizou Cmssh~ at Leafer Road wi~ a bridgt it is aq.m~t that t]3e ilxltcb. ovemen~s Wfi[ hclude c~atlsfftlcgan of eh.nnw nr rl~_p faandations for the proposed bridge abutmen= (and benis, ~f any), and grading of 1737 .qI. AN1~I4N,IE, SUITE 1, RWEi~IDE, CAIJ~IA 92507 Cn4) 7~-seoo ~ (714) 78~-0~1 ~ uS,'u.i/~,3 l..u.l ~7~053J. lEIGHTON '& ASSOC ~]01Z dg3(P.~2-4}l The purlxxe'o[ our seaices is ~ provide ieotechr, k, eV recommc~dations to be implemenumt En the design and CO~U dCilOn of the proposed bridge. The prolzsed scope of work Is s,,,,,,,,,,rizcci below. ~ ,....h...tea costs -~cc, r,s. Bj m compla:~ Each ~ azo ELso pgese-,ea 'lEe scope aud man-bouts .'*t~m,t~ ~ iz~Iuc~ ~n estimte for concrete compression sampling and testinS durln~ · Reld work wiD include reviewing e~s~-g utRL, y flues and substructuze map of the areas, clearinl coufcu .iLIa ais~g utaitics and substtucture~ rberl,,mh~E drrn{.g equipmeEt and dnTmg, ~ sam~l{-g amd barlne~tiqir of two 50__.-Dmot ~Mp bozings in time propored bgidge azea. SoD samplhg mini] ~e perrxx~d at alfredmerely S-foot intetvz~ *xre~nw~;qg bu,ar.u Smaada.~ PeueU-afion Tcs~: and spl~ ban-a (CaEfomh) samplers. Borin2s w~l be b, ckfifiea using ~hc soft ,:.,4~gscgavatccL Anyc=usso~cuC~gsvalhesl:u.c~ou~ondta' l~anorchmagetoany ex~tizlg landsca~ D/ay Occllt ck:sp[tc ~ best effozls; repair of such damages or tephr~-rllent o[ ~Fatkm/s not iacludcd h rids scol~ of work. Eugincczing analyses will include Focessing th= laboratory tat results and comparing with the femi desc~tiou on the boring lop to s~t discrepancY. r. addi~u, ge0te~h-b~ engine-ring --, ~ wffi be perform~ including shaXlow fou~n recom-,e-a,~.% btm-al eaxth presszu~ slope stability, settlement, liquefaction ~aluation, as well as nw-o--,,--dxtions for grading and -2- U~/U~,'~3 ~:Ut '~75~0~3Z LEZGh"I'0~ & ASSOC ~ 0Z2 693(n,s2-ol. TIlE ZclXn't will a-Cpm;.;:;.~ our finG~n.ee,, conr. lmiom, and recomm,"ecimtions and wet include boring loSs'and taboratory test resui~s using the "SIX'F computer proSram. Atte,,d,,,~ st t~o m-ctlnp before and after complelion of our ~lstion. A Scxlior TeChnfL"~n Wffi bc pwvidcd at a Technician H rate of ~'2YhoxEr. Based On yDUr cstilnatc of approx~m. st-ly $1 ,KI0 fi:xr so~ tcsling sffv/ces, apprn~,--tely 2/~ horns ce Tec~c~an H ~ Cmch;l~inir~ilide,~) is pwvided in t~s pl13p(lsaL Obscrvation and testing dm~ns consXxuc~n can be perform~ on a thne-aud-mate~,,t, basis accor~,Z to the 1990 Pmfe~onal Fcc Schedule fa' Mataials Tcsth2~ A def. aficd pfopcs~I for your est~na~ pm'posa, x~m~r projcc~ have cost a~p,~juu.a~c~ One Thoussnd Fsve Hundred Dollars ($1,300) f~ ccmcrete coml:n'ess~on tcsth2. We propc~ mmxmc~bn for ot~ scr~lces on a ~nc-~nd-matcria/bssis xmrding to the areached 1990 Pv~~ Fee Schedu/e fro' Gcotechn/a~ and Maxahls Tcsthg ~ G:o~cal inve~iSation services w~l bc pcrformcd in a timc-and-mstedals basis per our ausched 1990 Prdcssional Fee Schedule ~r C-eott~-~,,,;,--I Services, e~imstcd ~s follows: ~it=vicw $ - F__~!,!_ Woxt 2(100 - Labos~o,y Testhg 1,200 Subtotal: ~,7~ -3- 693025'2-01 · - Est/mat= f:~ Concrete Compression Temin~ Subtotal: $1,708 .Subtotal: $1.,$O0' Total Estimated Cab $111968 IEyou have an~ qtlestiolls re~t-din~ thh zevised ptopo~ plesse do I:lol: hesiMle to cozltact th;e olr:K:e, We appreciate t~, op.jntmnity to bc of scrvicc, Lq90 Professional Fee Schedule ~oc Geo~ Services 1990 PtofestonaI Fee Schedule Lot Ma~_k Testing -4- u&, U~. ~,~ 8B'r BY: ~7~u~l ~:"'S-9~: s:ast~ ': LEiGETON & ASSOC CITY' ~ TP~-~I~:,"" ~014 ~XHIBIT ~fom'mm/AA6-04 mmv 1~.2 EXHIBIT wow pwl:13Fwi.,l~:)aAum. 14:o5 ~7880gal LEIGEr0N & ASSOC ~ 01~ I LEIGHTON AND ASSOCIATES, INC. ~7650831 2_EIGlfrO~ & ASSOC LEIGHTON AND ASSOCIATES, INC Cea l~,J~:-' mj F.,,:-,e,~.nul [a~.u,;., Cameme TEST1NG AND INSPL'~ON FIE $CHEDUIJi AbleHALT AND OTHER BUILDING MATERIA~ C,-1:7 le~?aleve ...................... C,,le~ ~ P~amm ....................... C..'I:I LANmIt~n ....................... - ..... C-lag IENNmMNe+ ......................... Cam .... Rme/ ....................... 11'~ ~ LAAMiee ............................ inn ~-.eoAeemeefi ............................. $.em 0'140 C~ ........................... :1.,00 ua.m.-,Nef,--e~,am ew',,r (perur~ UIC Cmmmmien .......................... I 1eee MAY 03 'S3 16:22 M~DANIE~_ ENG. INC ~19-~82-85_'3.~ PA~E 2 ~T BY: ~-~-~; 4:~1~; CI~ ~ ~- 819 ~ 0~;~ 2/9 AGREEMBNT FOR PROI~BON~ $ERVICil TIll8 AORBBMKNT, made Ind enterN into Vdm .~rd day of between ttqe ~ of Teeode, e munkdpai corporation, homeafter ~ffed to u r The liaribm hateto mutdlly some mm fedlows: III I RI;RVIrmSe. Oonmkdilt Ihllll perform the tleks let forth in Exhibit 'A" ~'tiahed hereto. Oormultint eMIl Complete the ta~ks eccofding to the lehedule Nt forth In ixNlllt '&% P.A.Y,W.N~ The CIty 10reel to pay OoqUlllnt month!y, mt the*hearty ratam ~xt~q in Exhil~t 'r MOohad lareto, based upon acttel time TalkS. Thlm'-mmount will not eramid $ A, 9 ~n. nn for the teal arm of the AFoement unless 6adltlonal pro/mint II II:~oveGI Imy The ~lf Courtell;-,,-vided 1Nt the ;ty Manager my am'ova Iddjti011l! DIWeonEi r1~ m Wad ten perueat (1 0%) Of the AOreement, but in nO eves morn man C;onldlent will submit tnvedcem monthly for mud eervioem perkreed, inve~oem lhlll pa EUi)hdLLId on or IllgUt the first INtOnose dey e~f ugh month, for wvioee Ia'0vJdld II1 the IXIvlOUl month. Paymelt shell be mule within thirty fJO) days of raGel; Of IIt;M InvOiOm. *m 'nlmmF, wNl~lr~~ T~mJNIINATIO N nR A~Nnn~i~ n; ~~ le O~ ~eot, by HNIng upon h ~d~ K imme~ 410) ~ ~ wd~mn ~tm.' UF~ ~0~l; ~ n~ ~tl~, ~ ~m I~fi I~HtmW~ oela aM w~k under t~ ~mm, ~em a n~ Forides ~hm~ile. WIthe ~e~l~ (88) dm~ a~ melvN an InCH Wm t~ ~d~ tN ~ Iml ~ ~~ for w~k doM ~qh ~ ~m ~t work i ~ h M~ ~m ~ ~ MK~, If the QtV mullxmndm, tannineWe or mbandarus m ;aorti{kn of ~hll AllPet Is job sueper)lion, terrainorion or sbendonment mha|l not rnlke'v0id fernsINlet of thll Agreement, I!m mr'H nF P. nwTm-qT. In the mvent thet Carom is in clefsuit lot oeume under 1ha larm. of th;m Agrlement. the (:)~y shall hove no oblt0mtion Or duty to oontinum ~ornDenmmmtinO C4m m ?TaM for eny wDrk performed eftmr thm dote el clefmalt. Defmult shell Include not performing thm tmmkm demeribed heroin to th, memonaMe eet~action of the City Mere0er of the CIty. Pollute k}y ~ Consultant to make J)rOlirlM In the IxrformlnQe of work harsun0er, if luoh felturn m'l~o ~ of ~a beyorit him Hntrol, and WithnUt ~lUlt or negllgon;e of the P,e~-'a.-qt, Ihlll not be Goneidled I default. aRmflee/ARe,04 RIV 1 raa~a MAY ~3 '53 16:25 McDANIEL EtIS. ]NC 61~-~92-06Z]~4 ~AGE 5 4-28-98; 4:¢2~; CITY Or~- aid 682 068&;; ~/9 If t~e City Manager or hie delegate determines tNt the heedtent defaults in the larformenoe sPIny ofthe terms or condltl0nl of this Airesmeet, it IMII serve the GeMtent w~h written ri~ka of the default. The Gemtiller ehel haw ten (10l deft after el upon it Of MId notice In whimS1 to 0ure N default by rendering · Mtlofactory pvformeree, In the ivlfit thlt the ~ filil I;e Oel rge defe~ within such purled of time, the 01W shah have the right, notwJemteninO any other provblc~ of ~ Agreement, to tefm irtrce frdl Agrelitletlt wilJl0ut hireher notice and withNat prejudice to lay Other remedy to which It, may be tNJtled ill law, in .Iqulty · Or under thil Agreement, zjaM. ThtaAgreememehallconveenoeol~ /'~'Y /( ,lll?.~.~,an¢ IheH ramam and eentlnue in effect until tasks cleiotll;e~hereln ere 0eelHated, but in rio event later elan o¢'~o;~~ ~3o__., 19 q~ , Any ~illlNtes regain0 perlemires, Oafsuit orehe maim in Saproe m~en me ~ erie me c~ wiNfig out of T~e Agr~t or b~ hm0f, shell ~ ri~ by erbltrlgon, The 8rb~gr'l ~dm nil ~ fiaJ. GefautterR~al; select en arbitrate from m let p~nvided by the ~kg, ef three fatled |udgew :f ld-m Jkdlc~l Afbhetton and MediMl~n brynear trio. The erbJtratlen helrlr~ shall be t;enducled eeo~rdlng to Celifoe~e Cede ef CIv{I Preoedure Bentlea 1 ~eO, ILIMI, ~ end Ommulmnt shell share the seer ef the Irbltretier, equally, OwN~tIV4'e ~J: r~-'L~ev'l'e. IJpen e4tisfeot0ry gomlfiel:ign of, er in the event of termlrmtion, euapenakm or abandonment Of lhll Agreement, ell ereinSl documents, deigns, drawings end notes txspered in the seams of providing the eervigee to De Flffor,~ld INTilaent 1(; thee AgreesaM ehdl became the ecde preparty of the CIty end ~sy be wed, rsdm or e~herwlee ellslimed ed by the CIty wZthout the pe'mledon of eqe Oant. JJbiD~dtNn?~NT P-t~NTRAPTnlt, The Ceeteultmnl ii ind Nlmll St idl timel remain ma tithe 694? · wheJly Independent ;ontrmstar, Melther the CIty nor any of its erRearL employee er agerYe ehdl hsve oe~trol over the 4N:Nt~ O/the bNNUdtent w any of em Ceuultem, m cd~oer$, employaim or agent. apt aa herNo eat forth. The Catam shall not It any tim N in arty menMr mixeaf!~ thM It or any of Its officers, employees or leenil ere In any mennsr effiOerl, employees or egenm ~f No employee DaMflU shall be available to Conradtent In pennaction with the Pimrformencl of this Agreement, ixampt as provided in the AOremment, Olty shell not lay militias, we0ee, or oeMr secretion to CMnmallant for performing airylees hemunder For CIty. City irWi not te lielab for oompermetlon or indemnifieed~n to Coeegltard for injury or li=kneee lrtllllg OUt 4)f perfOrmlAg ewvloee hereuner. LinAL RI;epnNelNi ITIl~. The Ge~multNtf shell keep itself Informed of 0tats end Federal laws and re0uletlor~ wNah In afiy mentar effe0t thOle amideyed k~v ~ or in any way effect the porlonl~loGe of b/vice parSunlit telhie AgreerNmt The Gonedam shall It all times oblerve e~ comNy with oH eu;h bwe end regulations, :/feeM/ARO-04 Re I -I- MAY 03 ' g~, 16:2~ MeDANIEL ENG. INC 61S-6S2-E}EZ~ 4=~-88; 4:~!~; CITY The 0kv, end ire offioore and employee. ehal not be liable at law or In equity oo0lalmed by failwe of the Canculture to ownply with thai eelion. NnTI;J. Waneve It eNdl be agesBey for either pety to nerve riotie on the oINt r.llr:ot: thil AOrilal~, tu0h Mlil ehell be nerved lay 0lrtifild ntell, lostap ~e~, re reoldpt rlqueeted, addrelied t~ the City Maneget d the gly O/TImHuM, lootted at 48174 Budnile Perk Drive, TinesGull, Callforrds 9~8H, sndtheQemultaetlt t v~. '- ~1: ' union Other. Nodal dill be Need to hie bell metred leventlHwo (72| houfa eftmr the MI111 lie been dipoldeN II1 the United Illall Peltel Service. TIll I11111 valid aml luffiQient Mrvioe of nOtil~e f0r ldl pwpoee. AlelraldMelVT. The COnlllil~ NXtli rl0t lliOlq the petfNmlrlol of ~ Agreement, ne arty Pert theNof, ne any mordel dkll hemunder, wltlxut the prior wrlren coalnt 04' the City. UpOn terrainalMa of erda Agreemen;, Gensullem'e ogle Oomlanaltlon atWl be The vNue tO the Qtty of the sBndom tonearea, J~LIIVI~ INm IJ~K.J, The Geealums daft abein Insweq eoo~a~e e ~0 I~rle to ~r~ w ~qe :o ;~ whi~ may elm ~m or in o~9don w~ ~ ~ of h w~ ho~aer ~ t~ ~b~ No egoriO, ia~r w~ · b~' mtl~ of n; i an A:~l, The a ~ ~ ~oe ~ be I~e in ~e C~NtoF'e ~. h ~uu~- ~ ~lll W~ h follo~ng No~ e~ lielea of Jnewlnoe~ A. Minim,,m Ileeqe of Ine,,renoe, C0verege ahel be et leeat ae brad IheUmnee Sam O/floe hFm NO, GL-00Q2 (Id. 1/78) 0overino Comprel'mndve General Uebillty end inmatenee lervioee Offlee Foam N~. GL-044)4 gayedna Iroed ;aim CemFeehendve (3enerel Liability; e |neumnee hfviNel OfflQe Cornmeeolel 6enerli Liability gaverage ('ooeuffenge" ;ePm N~, CQ-O001). inaurarme INNI0ee Offbe Form No. C:A-00Ol (Ed, 1/?ll) Gavering Automobile Liebillqf, Code 1 'any auto' end EndoraemeM CA.002B, Workers' Cornpeneadon ineurance aa required by Labor Code of the 9tote of Clilfornie and Employers' LieMity insurN. 4.. Errell end OmisBloni Irmumrme, Mtr~tV~ I :q)~a of Ir-umree. Cm~traotor ehelt metntain imlte of ineumnee no bee then: General LIability: $t ,00O,000Qombined inn limit per agoarrange for bod|iy injury end wopeflv damage. MAY 0~ ~ ~3 16: 2~ 2. Automohale Uiblllty: ll ,000,01)0 gembead dale limil per accident for bodily Injury led property damage, ' a, W'orkmrm' Comenation end Employere' Ueblllty: Worklrl' ComNemm~lma mm required by the L,limef Code of the 8tmte of Clllfomil end imldoyem' LIe.bitY iffem of el ,QOO, OOD pet eQoklmet, 4. Errors and Drabdone inm~a~m: 11,000,O00 W ~oourrerme. Aid, mti hies .'ell Bell4 ned babe, Arty dl duel ale lll lieell Of O 1,000 midst be deOlmM tO end rapproved by~m gty,. Otblr Infj~'~rlra INnverona. Insurerme poegiN requtfecl by thai Oontrlot Shell gentale Or be efxlorlecl to cornsin the INtOwing prevlllOlm: O- NI leJl~e.'. bob irwjfanM policy reQuimO by CNs Oilale ahell be enelome~l to m tim ;ere shell not be cuspended, valued, aeneNecl by Nthlf arty, educed In covermile or In Itmlt~ exempt after thirty (i0) dew pr|of wrinen eelJoe to the lilly ~le United ateIra Plrat ;IIII MIH. QIOIF' Liq~bzlley awl Auem~ak"- LimllJilev eoveigll. The (2lty, its offletS, offloble, enFIoyeee end voluraere am to be ogrered is insurede el maimeta: llebllHy erbing am ef eodvitlee performed by or on behalf of the Oeeeultmmb ererim;re end oomlm,w"'led operadone of the O&x'alem; promlace owned, eeoupled ar ueed by the Owmultent. or autemeblJee owned. teeee, hired or borrowed by t~e Oeeeultee. The ogre(ella chill errcaln no apeaid limhatiofie on the egolee of proteotjon afforded to the Clw,Itl offloire, offlolai6, om~loVeee or vNUn'eem. Wire roeare to olelme orbleg from the lbiamdaf~e 1:4rformance of the wok dsseibod in them oomraot, tIM ConedtMfl into.tones coverage ehail be primary lemuranew met reammoW the Clay, ire gift(me. offtolel,, employace end voluntme. Any JnauranM or eelf~rm~ep. oa mmb. eair~d by the CIty, lee offiaere, effjolile, emidoyeee m' volunteers II~ll/Mly in exOeel Of, end not ooreribute with, the C:enldalteet*e Ir4umnoe. Any failure to comply with the reportleO provlldone of the policies lhell not effm coverage prevjded to the GItV, JIm offtQlmm offjclele, employees or voJuntmmfm. The Cormulmm'e inebrMCe eftall al~ty eeeretdy to eaoh irmured cOalrat whom clldm 18 made or suit |e brOUg~, mme~ with roleeel to the Nmlce of the Ireumr'a liability. Werkmr'a r_omrl)ltipn and r.q~gve(l'J. iehllltv Pe~, ~ Immr emil qrm to wele ell dg~l of oilre, o~olll~ em~o~ ~d ~tewl for Jan ariatee from wo~ ~rf~d ~ ~ ~am for ~ 4. PwOIFWI2-O4~eenemmaemN~)i 01131l MAY 16:25 McDANIEL E.kE. INC 618-~92-08i}:. 1-28-8B; 4:44~; CiTY OF ~- 819 682 O~i;s 6/8 y.ld *,;.mef r-Q34glge. Centme'mr ~ lumbh the CIty with oetti~ of lakelees elfretire eoverege reared by this catan. The cardfireS fw each Insure rioIcy am to be signeel lay e Imreon suewdzed bV that insurer to bind o.versga on U behalf. The oortlfiOlte ore to be on forms provided by the Cltlr end are to be teerived end I ed by the Oily before work seermeaN. The City C~fedant .hail Include ell ;ubmxaultana eS Insures uncle a Donelee or shell furrdah eelsrate cartl~ates for arm rubeselector. AI OOvlllgl8 fix suboOetrlCtes shell be mUi~SGt tO Ill of the requirements sated herein. Any dldLIG'UINll Or IMf-lniljiIcI rtzlmiofil mull: 13e dialBred to and eplxovId Ily thl Olty. At thl OpdOe M the GZW, liTMr: the Insurer recKaGe Or eliminate rajah deducedkales or seiNesated ratealiens roeJeSt;el the ¢IL'V. ill Of herB, Offlulls end employees; or the Oalmahertt shall prOOwl a Ixlfl Oulremeeing pef,,,I-~ et 108688 end eelsemi (rn4r, Jgldona, aim e~mlniammian end defense experts. 13. tme. eNBE~ h Consultant end 8ubggnedtom $htdl Obtain eli neeGel! y her ,Bin, In¢lucllng bu: not limited TO CIty Businto LiCefiN. 14. iNrseMIdlPl~&Tle}N. The Donedam semen to indenmHV end sere harmless the Otty, KI offieera, offladles, emFIoyeee end eMmare tram en~l eSelnet any end ell claim& demands, loson, dlferme 'eel4, or liel~lity of any ideal or mute whioh the Qtty, Jim Offloerl, agerim led employees may suitein or Inset Or wNOh may be impsned Upofi them ~or injury to or death Of pariahs, or clamor 10 property arising OUt of Omauitant'e negligent perfOrmsnee Under the tire of ~ja Agreement, septleg only lilbtllty lrldng out of the lois negligees of the 16. JJ~[ZLU &~NGGM;NT. This AFosrnent end any dooumenil or Irdttument attached hereto or referred to herein iraegrets ell terms end eruditions mentioned herein or insidehieS hereto supersIda al~ negotledofit and pdor wrkil~ ie~ ream m the cutdeer meCte' hereof. In the event o~ sonflirt between the term, candidone, or movieions Of thll Aereer~nt end any a~oh dooumertt or instrument. the terms and cMdltlonl of thll Agemeat ehaJI prevail. ,FK~'n~ n,Te 'ND I,Y~CuTInN: Them ~mmenC shall ~ eh~W from end afar me dee b ~ ~ by the reWemtivM of h ~. ~s AOrI.I.~IM may ~ eased In /"' l/femil/ARg44 Ray IiaZAI2 -8- pwOl~NNIt44kepme~., eLa'34 01 Ilell MAY 0~ 'e5 16:26 McDANIEL ENG. INC 618-ES2-O6Z~ PA~E ~ ~Y: ~-28-~; 4:~4~; Cl~ ~ ~, 618 6~ 08~;; 7/8 IN WffNIS8 WHEREOF. 1he PeRill hmmto hsve gluled this Agreement to bl meauted the d.,y end Veer Ilmt jove written. COmiUL'rANT CITY OF it. Hark flint Name .a~, Viole presideSit: l APPROVBD AI TQ FORM: 5Oott P, FbM, C~!ty AttOrney" ATTEIT; -- June S. Qreek, City Clem l/fem!&lll-14 M~ '1,/11411 -pwOl~mWlt44~ln.o~mtem~)4 0111~1 SXBXBXT McDANIEL ENGINEERING COMPANY, INC. .~ltl {::AMINO i)/2 LA SIE,CTA, $lJl'rE 204 · r~AN DIE{IO. {'ALII,~3RNIA gBl|k~ March 31.1993 CIty of Temecula Department of Public Works 43174 Business Park Drive Temecula, CA 92590 Attsntlor~ Mr. Rqymond A. ~Rs~,v SUBJECT: LEIFER ROAD BRIDGE OVER SANTA GERTRUDIS CREEK Gentlemen: · · We are pleased to submit this proposal for the bridge abutment design for the proposed crossing of Santa Gertrudie Creek channel at Lelfer Reed in TemecUla, California. The proposed bridge is on a straight alignment and will be comprised of a single span with s total length of 63'.0". The bridge superstructure will consist of precset, prestrassed concrete (Spancrete) slab panels with n total width of 40'-0" and a structure depth of 3'-0", Supports will consist of short-seat type reinforced concrete a~utmants. The bridge will have standard concrete barrier along both sides, Our proposed scope of work includes design of the abutments, preparation of one sheet of details, and a quantity sad cost er, Jmat. e for this portion of the bridge, Standard speclflcatjons will be used. We propose to provide our services on a time-and-materials basis with actual hours expanded billed at our current hourly rates. A Gopy of our rats schedule Is enclosed. For this project, we es'Jmate total charges will not exceed $4,250. Very truly yours, P.E. McDanlel Engineering Company JL'O:ak Enclosure Mm'k Craveling, P..E;" McDanlel Engineering Company IXHZBXT 'B" McDANIEL ENGINKF. RING COMPANY, INC. .~u3, CAMINO 1)1~ LA .SlI.~"I'A. StJ]'l'E 204 , SAN |)|EC](). CALIFORNIA (f. I9) 692.1V2ll f:~X: tnlVJ HOURLY CHARGES OFFICE ENGINEERING PRINCIPAL ENGINEER ....................................... $110.00 SENIOR ENGINEER .. .......... .. ............ . .......... ..... ASSOCIA TE' ENGINEER ...................................... IISSlSTANT ENGINEER .................... : ....... . .. ........ ENGINEERING TECHNICIAN ................................... SENIOR DRAFTSPERSON ..................................... DRAFTSPERSON ........................ .. ................. WORD PROCESSING ......... .. ............................. $90.00 $7a. oo $65.00 $40.00 $65.00 $50.00 $45.00 Hourly charges include pzovtslon for normal office overhead costs, such as office rental, utilities, Insurance, clerical services, equipment, normal suppries and material, In.house reproduction earvices and local travel costs. Other expenses such as special consultants or purchased. outside services will be D/lied at cost plus 1o percent. ITEM NO. 10 APPROVAL CITY ATTORNEY ~ FINANCE OFFICER~L~L CITY MANAGER /~ TO: FROM ': DATE: SUBJECT: PREPARED BY: CITY OF TEMECULA AGENDA REPORT City Council David F. Dixon City Manager May 11, 1993 Item No. 10 - Award of Contract - Special Counsel City Clerk June S. Greek BACKGROUND: The staff will finalize a staff report on this item and forward it to you under separate cover. JSG ITEM NO. 11 ORDINANCE NO. 934)9 AN ORDINANCE OF THE TEMECULA CITY COUNCIL ESTABLISHING REGULATIONS FOR THE USE OF OUTDOOR ADVERTISING DISPLAYS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings That the Temecula City Council hereby makes the following findings: Pursuant to Government Code Section 65360, a newly incorporated City shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the City is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: A. The City' is proceeding in a timely fashion with the preparation of the General Plan. B. The planning agency finds, in approving projects and taking other actions, each of the following: 1..There is a reasonable probability that the land use or action proposed will be consistent with the General Plan proposal being considered at the current time. 2. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. 3. The proposed use or action complies with all other applicable requirements of state law and local ordinances. The Riverside County General Plan, as mended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. The proposed land use regulations are consistent with the SWAP and meet the requirements set forth in Section 65360 of the Government Code, to wit: C. The City is proceeding in a timely fashion with the preparation of the General Plan. 5/ords/93-09 I D. The City Council finds, in adopting land use regulations pursuant to this rifle, each of the following: 1. There is reasonable probability that this Ordinance No. 93-09 will be consistent with the General Plan proposal being considered or studied or which will be studied within a reasonable time. 2. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. 3. The proposed use or action complies with all other applicable requirements of state law and local ordinances. Section 2.. Purpose The purpose of this Ordinance is to set forth the development standards for the installation and maintenance of outdoor advertising displays within all land-use zones of the City. The. purpose of these regulations is to ensure that the design and loearion of outdoor advertising displays are consistent with the health, safety, and aesthetic objectives of the City. It is a desire of the City that the design of this community be of the highest quality, that new development be architecturally distinctive as well as homogeneous in design, and that accessory facilities be compatible with the overall theme. The quality of signage plays a very distinctive role in achieving the above. When abused, signs can create a visual blight which detracts from the quality of the environment and an individual's visual perception of the City. Recognizing that the primary purpose of signs is proper business identification, the regulations of this Ordinance are enacted to: A. Ensure that signs erected within the City are compatible with their surroundings and are in keeping with the policies of the City; B. Provide for the identification of businesses and should not be used for advertising purposes; C. Promote traffic safety and community identity while also enhancing the quality of the visual environment of the City; and D. Establish regulations which control outdoor advertising displays within the City. Section 3. Definitions For purposes of this Ordinance, the following words, terms, phrases, and their derivations, shall have the meanings given herein. Then consistent with the context, words used in the present tense singular include the plural. 5/ord,/93-09 2 A. 'Commercial Off-Premise Sign' means any sign structure advertising an establishment, merchandise, service, or entertainment, which is not sold, produced, manufactured, or furnished at the property on which the sign is located. A commercial off- premise sign may be commonly known or referred to as an off-premises billboard. B. "Non-Commercial Off-Premise Sign" means any sign structure exhibiting non- commercial speech or message in lieu of commercial sign copy; and any sign structure exhibiting non-commercial signing unrelated to the buying or selling of commodities or anything involved and practiced. Section 4. Prohibited Signs The establishment of the following outdoor advertising displays are hereby prohibited and no application for sign location plan, plot plan, or other application discretionary entitlement for a outdoor advertising display shall be accepted, acted upon, or approved. Section'S. Exempt Outdoor Advertising DiSplays The provisions of this Ordinance shall not apply to any application for: A. Directional Signs, as defined in Chapter 5 of the Temecula Municipal Code. B. On-site advertising structures and signs (Ordinance 348, Section 19.5 of the non: codified ordinances of the County of Riverside and adopted by the City of Temecula under Ordinance No. 90-04). C. Non-commercial off-premises advertising structures and signs, subject to the following design and porformanee standards: less; Square footage of the sign board is limited to twelve (12) square feet or 2. There shall be no more than one (1) sign board per parcel; 3. Total height of a ground-mounted sign and supporting structure shall not exceed six (6) feet; 4. No sign shall be illuminated. Section 6. Non-conforming Outdoor Advertising DiSplays All outdoor advertising displays, in any zone, lawfully constructed and erected prior to the effective date of this Ordinance, which do not conform to the requirements of the provisions of this Ordinance for the particular zone in which. they are located, shall be accepted as non-conforming sign. Section 7. To the extent the provisions of this Ordinance conflict with any provisions of Article XIX of Ordinance No. 348 the provisions of this Ordinance shall apply. 5/ords/93-09 3 Section 8. 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 and cause copies of this Ordinance to be post~ in three designated posting places. Section 9. Severability. The City Council hereby declares that the provisions of this Ordinance are severable and it 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 10. Environmental Compliance. The City Council hereby finds that this project does not have a potential for causing a significant affect on the environment. Therefore, the project is exempt from the California Environmental Quality Act under Section 15061 (b) (3). Section 11. The City Clerk shall certify to the adoption of this Ordinance and shall cause' the same to be posted as require. by laws. PASSED, APPROVED AND ADOPTED this day of , 1993. ATTEST: J. Sal Mu~oz, Mayor June S. Greek, City Clerk [SEAL] 5/ord~/93.-09 4 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Ordinance No.93-09 was duly introduced and placed upon its first reading at a regular meeting of the City Council of the City of Temecula on the 13th day of April, 1993, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the __ day of , 1993, by the following roll call vote: COUNCILMEMBERS: NOES: COUNCILMEMBERS: COUNCILMEMBERS: June S. Greek, City Clerk 5/ords/93-09 5 ITEM NO. 12 TO: FROM: DATE: SUBJECT: FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Director of Planning May 11, 1993 Change of Zone No. 23 - Safa Muhtaseb PREPARED BY: Matthew Fagan, Assistant Planner RECOMMENDATION: The Plannif~g Commission recommends that the City Council: 1. Adopt'-a Negative Declaration for Change of Zone No. 23. 2. Read by title only and introduce an Ordinance entitled: ORDINANCE NO. 93- AN ORDINANCE OF THE CITY COUNCIL OF CITY OF TEMECULA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY FOR THE CHANGE OF ZONE APPLICATION CONTAINED IN CHANGE OF ZONE NO. 23, CHANGING THE ZONE FROM R-3- 4,000 (GENERAL RESIDENTIAL) TO C-O (COMMERCIAL OFFICE) ON PROPERTY LOCATED ON THE SOUTH SIDE OF RANCHO CALIFORNIA ROAD, APPROXIMATELY 450 FEET EAST OF THE INTERSECTION OF VIA LAS COLINAS AND RANCHO CALIFORNIA ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 944-290-009. BACKGROUND Staff deemed Change of Zone No. 23 complete on January 26, 1993. The Planning Commission recommended (3-0-2, with Commissioners Ford and Fahey absent) that the City Council approve Change of Zone No. 23 at the March 1, 1993 Planning Commission meeting. The attached ordinance has been prepared for introduction at this meeting. DISCUSSION Consistency With Future General Plan The Change of Zone request is for a redesignation of the site from R-3-4,000 (General Residential) to C-O (Commercial Office). Planning Staff recommended to the Planning Commission that the land use designation for the site I~e Professional Office through the General Plan public hearing process. Commercial OffiCe zone uses would ultimately be R:\S\STAFFRPT\23CZ,CC2 4/26/93 klb 1 consistent with the Professional Office land use designation. This determination is based upon conducting a review of Commercial Office uses permitted in Section 9.72 of Ordinance No. 348 and those uses contained in the City's draft General Plan. The Planning Commission's recommendation to the City Council is for a Professional Office designation for the site. This designation is contained within the City Council Hearing draft General Plan dated February 16, 1993. Based upon this information, there is a likely probability that the Change of Zone request will be consistent with the City's General Plan upon its adoption. Plannine Commission Discussion The Planning Commission inquired if the applicant had a Plot Plan which would accompany the change of zone request (reference Attachment No. 2, Minutes of March 1, 1993 Planning Commission Meeting). The applicant stated that he would proceed with the preparation of a plot plan once the change of zone request is approved. The Planning Commission also =.voiced concerns regarding the redesignation of the site and whether the' C-O designation would be consistent with the future General Plan. Staff informed them there would be a likely probability that the C-O designation would be consistent with the future General Plan. FISCAL IMPACT None. Attachments: 2. 3. 4. 5. Ordinance No. 93- - Page 3 Planning Commission Minutes (Draft), March 1, 1993 - Page 7 Planning Commission Staff Report, March 1, 1993 - Page 8 Initial Study - Page 9 Exhibits - Page 10 R:\S\STAFFRPT%23CZ.CC2 4/19193 klb 2 Notice of Public Hearing PLEASE NOTE - TI-H.~ PUBIJC HEARING WA.~ PREVIOUSLY SCHEDULED FOR APRH. 27. 1993 THIS HEARING IS RF-~CI4grsULED TO MAY 11. 1993 THE CITY OF TEMECULA 43174 Business Park Drive Temecula, CA 92590 A PUBLIC HEARING has been scheduled before the CITY COUNCIL to considor the matter(s) described below. Case No: Applicant: Location: Proposal: Environmental Action: Negative Declaration Change of Zone No. 23 Safa Mutahseb South side of Rancho California Road, approximately 450 feet east of the intersection of Via Isis Colinas and Rancho California Road Change of Zoning of a 6.1 acre parcel from R-3-4,000 (General Residential) to C-O (Commercial Office) Any person may submit written comments to the City Council before the hearing(s) or may appear and be heard in support of or 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(s) described in this notice, or in written correspondences delivered to the City Clerk at, or prior to, the public hearing(s). The proposed project application(s) may be viewed at the public information counter, Temecula Planning Department, 43174 Business Park Drive, Monday through Friday 'from 9:00 AM until 4:00 PM. Questions concerning the project(s) may be addressed to Matthew Fagan, City of Temecula Planning Department, (714) 694-6400. PLACE OF HEARING DATE OF HEARING TIME OF HEARING Temecula Community 28816 Pqjoi Street Temecula. California May 11. 1993 7:00 PM Center LINKI ,ETTER ENTERPRISES llarch 17, 1993 Cit~, Clerk/City Council The City of Temecula 43174 Business Park Dr. Temecula, CA 92590 Re: ChanGe of Zone No. 23 Dear City CounCil: We currently o~.m an'office building 'at 42145 L%rndie Lane and OPPOSE Case No: Change of Zone No. 23 by Sara Hutahseh. The City of Temecula is currently suffering from a massive Glut of vacant office space. To rezone land for a product/use that is already. overbuilt is simply ludicrous. Does ~e City want another empty office building for the ~raffiti "taggers" to desecrate? .Office deQelopers misjudged the need for new office space in Temecula and are clearly suffering. The last thing we need i~ foL t~e City to violate the master plan and rezone land from qeneral residential to commercial office. Since~ ely, Linkletter R.C. Partners Hike Linkletter IZ:rl 765 BAKER STREET COSTA MESA, CALIFORNIA 92626 (714)957-8191 FAX (714) 755-3166 ATTACHMENT NO. 1 ORDINANCE NO. 93- R:\S%STAFFRPT~23CZ.CC2 4119/93 Idb ~3 ATTACH/VIENT NO. 1 ORDINANCE NO. 93- AN ORDINANCE OF ~ CITY COUNCIL OF ~ CITY OF TEM~CI~A, AM~NDING ~ OFFICIAL ZONING MAP OF ~ CITY FOR ~ CRANGE OF ZONE APPLICATION CONTAIN~x~ IN CRANGE OF ZONE NO. 23, CItANGING TFff- ZONE PROM R-3-4,000 (GENERAL RESIDENTIAL) TO C.-O (COMMi~C~ OFFICE) ON PROPERTY LOCAT~'~I} ON ~ SOUTH SIDE OF RANClIO CALIFORNIA ROAD, APPROXIMATELY 450 FEET EAST OF ~ INTERSECTION OF VIA LAS COLINAS AND RANClIO CALIFORNIA ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 944-290-009. THE CITY COUNCIL OF THE CITY OF TEMF_I2ULA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section i. Public hearings have been held before the Planning Commission and City Council of the City of Temecula, State of California, pursuant to the Planning and Zoning law of the State of California, and the City Code of the City of Temecula. The zoning district as shown on the attached exhibit is hereby approved and ratified as part of the Official Zoning Map for the City of Temecula as adopted by the City and as may be amended hereafter from time to time by the City Council of the City of Temeeula, and the City of Temecula Official Zoning Map is amended by placing in effect the zone or zones as described in Change of Zone No. 23 and in the above rifle, and as shown on zoning map attached hereto and incorporated herein. Section 2. Notice of Adoption. Within 10 days after the adoption hereof, the City Clerk of the City of Temecula shall certify to the adoption of this ordinance and cause it to be posted in at least three public places in the City. Section 3. Taking Effect. This ordinance shall take effect 30 days after the date of its adoption. PASSED, APPROVED AND ADOPTED this llth day of May, 1993. M OZ MAYOR R:\S\STAFFRPTX23CZ.CC2 4~26~93 klb 4 ATTEST: June S. Greek, City Clerk [SEAL] STATE OF CALrPORNIA) COUNTY OF RIVERSIDE) ss CITY OF TE]VIECI~) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 93--- was duly introduced and placed upon its fn'st reading at a regular · meeting of the City Council on the llth day of May, 1993, and that thereafter, said Ordinance was duly adopted and passed a regular meeting of the City Council on the __th day of__, 1993 by the following roll call vote: COUNCILMEMBERS: NOES: COUNC~ERS: COUNTERS: APPROVED AS TO FORM: June S. Greek, City Clerk Scott F.Field City Attorney R:\S\STAFFRF'r~23CZ.CC2 4/1 9193 Idb 5 CITY OF T]3]VlF32~ CITY COUNCIL MAP NO.: CHANGE OF ZONE NO.: 23 ORDINANCE NO.: R:\S\STAFFRPT%23CZ.CC2 4/19/93 klb 6 ATTACHMENT NO. 2 PLANNING COMMISSION MINUTES (DRAFT) MARCH. 1, 1993 R:\S%STAFFRPT~23CZ.CC2 4/19/93 klb MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION MARCH 1, 1993 DRAF'[ A regular meeting of the City of Temecula Planning Commission was called to order Monday, March 1, 1993, at 6:00 P.M., Vail Elementary School, 29915 Mira Loma Drive, Temecula, California. The meeting was called to order by Vice Chairman Billie Blair. PRESENT: 3 COMMISSIONERS: Blair, Chiniaeff, Hoagland ABSENT: 2 COMMISSIONERS: Ford, Fahey Also present were Assistant City Attorney John Cavanaugh, Senior Planner Debbie Ubnoske, :Senior Planner John Meyer and Minute Clerk Gall Zigler. PUBLIC COMMENT None COMMISSION BUSINESS 1. ADDroYal Of AQenda It was moved by Commissioner .Chiniaeff, seconded by Commissioner Hoagland to approve the agenda. The motion carried as follows: AYES: 3 COMMISSIONERS: Blair, Chiniaeff, Hoagland NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Ford, Fahey PUBLIC HEARING 2. Chanae of Zone No. 23 Proposed zone change for a 6.1 acre parcel from R-3~4,000 to C-O. Located on the south side of Rancho California Road, approximately 450 feet east of the intersection of Via Las Colinas and Rancho California Road. Matthew Fagan presented the staff report. PCMIN03/01/93 - 1 - 3110193 PLANNING COMMISSION MINUTES DRAFT MARCH 1, 1993 Commissioner Hoagland asked if the applicant has a plot plan. Safa Muhtaseb, 39930 Whitewood Road, Unit 106, Murrieta, owner and applicant, stated that he is working on the zone change at this time and when completed, the project will proceed to the engineering stage, It was moved by Commissioner Chiniaeff, seconded by Commissioner Hoagland to close the public hearing at 6:20 P.M. and Recommend Adoption of the Negative Declaration for Change of Zone No. 23 and Recommend Adoption of Resolution No. PC 93-04 recommending Approval of Change of Zone No. 23. The motion carried as follows: AYES: 3 COMMISSIONERS: Blair, Chiniaeff, Hoagland NOES: 0 COMMISSIONERS: None ABSENT: 2'- COMMISSIONERS: Ford, Fahey Outdoor Advertisinq Display Ordinance Matthew Fagan presented the staff report. Commissioner Chiniaeff questioned why the provisions dealing with hardship cases were eliminated. Assistant City Attorney John Cavanaugh advised that because it is difficult to determine what a hardship is, it leaves an opportunity for anyone to declare a hardship, therefore the City Attorney recommends deleti.ng the hardship clause. Vice Chairman Blair opened the public hearing at 6:25 P.M. Commissioner Chiniaeff questioned if there is a '"sunset"" clause on non-conforming signs. Assistant City Attorney Cavanaugh advised that non-conformity creates an issue where if the City required non-conforming signs to come down, the City would have to compensate the owner. It was moved by Commissioner Hoagland, seconded by Commissioner Chiniaeff to close the public hearing at 6:25 P.M. and Adoot Resolution No. PC 93-05 recommending the City Council adopt the Ordinance No. 93 - (next) relative to outdoor advertising displays and deletion of language in Section 4(A) dealing with hardship cases. PCMIN03/01193 - 2- 311 OI93 ATTACHMENT NO. 3 PLANNING COMMISSION STAFF REPORT MARCH 1, 1993 R:\S\STAFFRP"~23CZ,CC2 4/19/93 klb 8 RECOMMENDATION: STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION March 1', 1993 Case No.: Change of Zone No. 23 Prepared By: Matthew Fagan RECOMMEND Adoption of the Negative Declaration for Change of Zone No. 23; and RECOMMEND Adoption of Resolution No. 93- recommending Approval of Change of Zone No. 23 APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: SURROUNDING LAND USES: Safa Muhtaseb Safa Muhtaseb Change of Zone from R-3-4,000 (General Residential) to C-O (Commercial Office) of a 6.1 acre parcel. South side of Rancho California Road, approximately 450 feet east of the intersection of Via Las Colinas and Rancho California Road. R-3-4,000 (General Residential) North: C-1/C-P (General Commercial) South: R-3 (General Residential) East: R-2 (Multiple Family Dwellings) West: R-3-4,000 (General Residential) C-O (Commercial Office) Vacant North: South: East: West: Shopping Center.(Moraga Plaza)/Vacant Apartments (Summerbreeze) Vacant Office Building (Rancho California Medical Plaza) R:\S\STAFFRPT~23CZ.PC 2~24~93 klb PROJECT STATISTICS Gross Acreage: 6.1 BACKGROUND Change of Zone No. 23 was submitted to the City of Temecula Planning Department on March 31, 1992. A Development Review Committee (DRC) meeting was held on April 20,. 1992. A focused traffic analysis was requested from the applicant by the Department of Public Works at that meeting. The traffic analysis was submitted to the Department of Public Works on October 26, 1992. Public Works reviewed the focused traffic analysis and deemed this study complete on November 13, 1992. A second DRC meeting was scheduled by Planning Department staff on January 7, 1993 to assess whether any significant changes had occurred in the project area since the previous DRC meeting. Staff requested revised exhibits and upon their submittal, deemed the application complete on January 26, 1993. PROJECT DESCRIPTION Change of Zone No. 23 is a request to change existing R-3-4,000 (General Residential) zoning to C-O (Commercial Office) on a 6.1 acre parcel. ANALYSIS Change of Zone No. 23 is a request for a redesignation of a 6.1 acre parcel from R-3-4,000 (General Residential) to C-O (Commercial Office). No development plan has been submitted concurrent with the Change of Zone request. Staff conducted an Initial Study for the project. pursuant to the California Environmental Quality Act (CEQA). Based upon Staff's analysis, a Negative Declaration has been recommended for adoption. The Change of Zone request will not immediately result in the potential for impacts, however, the request may facilitate impacts when future projects are realized on the site. Through preparation of the Initial Study, staff looked at a maximum development scenario for any future development on the site and identified potential impacts and measures to mitigate them (see Section III of Attachment No. 4: Initial Study). Site specific environmental analysis will be necessary upon the submittal of development plans for future projects. Staff had concerns relative to traffic and land use compatibility. These are discussed below. Traffic Based upon the information contained in the focused traffic analysis (see Attachments No. 3.E. and 3.F.) prepared for Change of Zone No. 23, any future Commercial Office development on the site will have the potential to impact four (4) intersections: Rancho California and Ynez Road; Via Las Colinas and Rancho California Road, Lyndie Lane and Rancho California Road and Moraga and Rancho California Road. Impacts to each intersection are discussed below. 1. Rancho California and Ynez Roads ' Increases in traffic during peak hours due to the realization of a development project on the site will be greater during AM peak hours than PM hours (see Table 1, Attachment No. 5). According to the focused traffic analysis, impacts to this R:\S~STAFFRP~23CZ.PC 2/24/93 klb intersection will not affect the LOS "D" which currently exists. No increases to other turning movement volumes were determined to exist from the focused traffic analysis. 2. Via Las Colinas and Rancho California Road Peak increases in traffic will be minimal at this intersection from the actualization of a project at the site (see Table 2, Attachment No. 5). This intersection will not be signalized; however, LOS "C" or better will be maintained. Based upon the information contained in the focused traffic analysis, no increases to other turning movement volumes were determined to exist at this intersection. 3. Lvndie Lane and Rancho California Road This intersection will ultimately be signalized, either through the realization of a development project on the site or ultimate development of the site across Rancho California Road. Peak increases in traffic will not significantly affect the existing LOS (see Table 3, Attachment No. 5). LOS "C" or better will be maintained at this intersection during peak hours. Based upon the information contained in the focused traffic analysis, no other increases to other turning movement volumes were determined to exist at this intersection. 4. Moraoa and Rancho California Roads This intersection is currently signalized. Peak increases in t~affic will not significantly affect existing LOS (see Table 4, Attachment No. 5). LOS "C" or better will be maintained at this intersection during peak hours. Based upon the information contained in the focused traffic analysis, no other increases to other turning movement volumes were determined to exist at this intersection. On-site and off-site improvements recommended in the focused traffic analysis include constructing Rancho California Road and Moraga Road to their ultimate half-width and. Lyndie Lane to its ultimate full-section width. Recommendations also include payment of signal mitigation fees and striping a 200 foot left turn pocket on Rancho California Road adjacent to the site thereby allowing traffic to turn left onto Moraga Road and Lyndie Lane. Specific improvements will be required upon ultimate development.of the site. Compatibility with Surroundino Land Uses The subject parcel for which the Change of Zone is being requested is currently vacant. Commercial uses exist to the north of the site across Rancho California Road (Moraga Plaza). Professional offices exist to the west of the site (Rancho California Medical Plaza). High density residential uses (13-20 du/ac) exist to the south of the site (Summerbreeze Apartments). The parcel to the east of the site is currently vacant and the proposed land use designation for the site is Medium Density Residential (7-12 du/ac maximum). Change of Zone No. 23 is an in-fill project which is likely to be consistent with the City's future General Plan which designates the site as Professional Office. Based upon existing and proposed uses adjacent to the project site, the Change of Zone request to C-O (Commercial Office) is likely to be compatible with surrounding land uses. R:\S\STAFFRPT~23CZ.PC 2/24193 Idb 3 EXISTING ZONING AND FUTURE GENERAL PLAN CONSISTENCY The existing zoning for the site is R-3-4,000 (General Residential). The Change of Zone request is for a redesignation of the site from R-3-4,000 (General Residential) to C-O (Commercial Office). Planning Staff recommended to the Planning Commission that the land use designation for the site be Professional Office through the General Plan public hearing process. Professional Office is described in the. future General Plan as follows: "The Professional Office designation includes primarily single or multi-tenant offices and may include supporting uses. Office developments are intended to include low rise offices situated in a landscaped garden arrangement and may include mid-rise structures at appropriate locations. Typical uses include legal, design, engineering or medical offices, corporate and governmental offices, and community facilities. Supporting convenience retail and personal service commercial uses may be permitted to serve the needs of the on-site employees." Commercial Office zone uses would ultimately be consistent with the Professional Office land use designation. This determination is based upon conducting a review of Commercial Office uses permit-ted jn Section 9.72 of Ordinance No. 348 and those uses contained in the City's draft General Plan. Although the General Plan has not been adopted, the Planning Commission is recommending adoption of a Professional Office land use designation for the site by the City Council. Based upon this information, there is a likely probability that the Change of Zone request will be consistent with the City's General Plan upon its adoption. ENVIRONMENTAL DETERMINATION An Initial Study was completed by Staff for Change of Zone No. 23. Staff has determined through its analysis that the Change of Zone request will not immediately have an affect upon the environment, however, it may facilitate future impacts. There is the potential for development of the site with the Commercial Office designation. Staff has identified potential future impacts to the environment based upon future development of the site. Any potential impacts from future development on the site can be mitigated to a level less than significant. Staff therefore recommends that a Negative Declaration be adopted. SUMMARY/CONCLUSIONS Change of Zone No. 23 is a request for a redesignation of a 6.1 acre parcel from R-3-4,000 (General Residential) to CoO (Commercial Office). Based upon staff's analysis, there is a likely probability the Change of Zone request will be consistent with the City's future General Plan land use designation of Professional Office upon the General P!an's adoption. An Initial Study was conducted for the Change of Zone request 'and a Negative Declaration is recommended for adoption. A focused traffic analysis was performed for the site which depicts traffic conditions at ultimate development of the site. Existing LOS.standards will be maintained at all intersections affected by the ultimate development of the site with Commercial-Office uses. R:\S~STAFFRIrr~23CZ.PC 2124/93 klb 4 FINDINGS The proposed zone change will not have a significant adverse effect on the environment, as determined in the Initial Study for this project. No immediate impacts to the environment will result from the Change of Zone from R-3-4,000 (General Residential) to C-O (Commercial Office). Impacts from future development can be mitigated to a level less than significant. There is a reasonable probability that the zone change from R-3-4,000 (General Residential) to C-O (Commercial Office) will be consistent with the future General Plan. The land use designation for the site on the draft General Plan is Professional Office. Commercial Office uses will ultimately be consistent with the Professional Office designation, due to the fact that they are similar in both Ordinance No. 348 and the draft General Plan. There is not a reasonable probability of substantial detriment to, or interference with, the future General Plan, if the proposed use or action is ultimately inconsistent with the General Plan due to the fact that commercial designations are proposed to the north and west, with a high density residential designation to the south and medium density residential to the east. While the C-O zoning will ultimately to be inconsistent with the City's GEneral Plan upon its adoption, this inconsistency will be rectified upon the adoption. of the City's zoning map. The proposed change in district classification will likely be consistent with the goals, policies and implementation programs which will be contained in the General Plan when it is ultimately adopted. The proposal is consistent with Goal I of the Draft General Plan Land Use Element which calls for "A complete and integrated mix of residential, commercial, industrial, recreational, and public land uses." Commercial land Uses exist to the north and west, residential exists to the south and is proposed to the east. The proposal will also be consistent with Goal 5 of the Draft General Plan Land Use Element which calls for "A land use pattern and intensity of development that encourages alternative modes of transportation, including transit, bicycling, and walking." Existing transit lines are in proximity to the site and residential uses adjacent to the site will afford opportunities to walk to the site. The site of the proposed Change of Zone is suitable to accommodate all the land uses currently permitted in the proposed zoning district due to the fact that the parcel is of adequate size and shape for any proposed use. Section 9.75.a. of Ordinance No. 348 (Development Standards for Commercial Office) requires no minimum size for lot area. The parcel is approximately 6.1 acres. Landscaping, parking and lot coverage requirements will be met upon ultimate submittal of a development proposal. Adequate access exists to the proposed Change of Zone site. Proposed potential access points to the site will be from Via Las Colinas, Lyndie Lane, Rancho California Road and Moraga Road. Additional internal access and required road improvements to the site will be designed and constructed in conformance with City of Temecula standards. Said findings are supported by analysis, maps, exhibits, and environmental documents associated with this application and herein incorporated by reference· R:\~STAFFRPT~23CZ.PC 2~24~93 klb 5 Attachments: Resolution No. 93- - Blue Page 7 Letters from Other Departments/Agencies - Blue,Page 12 Exhibits - Blue Page 13 A. Vicinity Map B. Draft General Plan C. Zoning D. Site Plan E. Existing Peak Hour Turning Movement Volumes F, Existing Plus Project Peak Hour Volumes Initial Study - Blue Page 14 Turning Movement Volume Tables - Blue Page 33 Table I Rancho California and Ynez Roads Turning Movement Volumes Table 2 Via Las Colinas and Rancho California Road Turning Movement Volumes Table 3 Lyndie Lane and Rancho California Road Turning Movement Volumes Table 4 Moraga and Rancho California Roads Turning Movement Volumes R:%S\STAFFRP'I"%23CZ,PC 2/24/93 klb 6 ATTACHMENT NO. 1 PC RESOLUTION NO. 93- R:\S%STAFFRPT~23CZ.PC 2/24193 klb 7 * ATTACHMENT NO. 1 PC RESOLIYrION NO. 93- A RESOLUTION OF THF~ CITY OF TEMECULA PLANNING COMMBSION RECOMM~NDING APPROVAL OF ZONE NO. 23 CHANGING ~ ZONE FROM R-3-4,000 (GENERAL RESIDENTIAL) TO C-O (COMMF-RCIAL OFFICE) ON PROPERTY LOCATED ON ~ SOUTH SIDE OF RANCHO CALIFORNIA ROAD, APPROXIMATELY 450 FEET EAST OF THE INTERSECTION OF VIA LAS COLINAS AND RANCHO CALIFORNIA ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 944-290-009 WITF~REAS, Sara Muhtaseb ~ed Change of Zone No. 23 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; -- W1TEREAS, said Change of Zone application was processed in .the time and manner prescribed by State and local law; WRI~.'rIIli'.AS, the Planning Commission considered said Change of Zone on March 1 1993, at which time interested persons had an opportunity to testify either in support or opposition; WFrli'.REAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Change of Zone; '. NOW, TREREli'ORE, ~ CITY OF-TEMECULA PLANNING COMMISSION DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings. That the City of Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: general plan. The city is proceeding in a timely fashion with the preparation of the 2. The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: R:\SXSTAFFRP'~23CZ.PC 2/24193 Idb 8 a. Them is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b. There is little or no probability of substantial detriment to or interference with the future adopted general plan ff the proposed use or action is ultimately inconsistent with the plan. c. The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as mended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecuh as the General Plan for the southwest potion of Riverside County, including the area now within ' the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The Planhing Commission in recommending approval of the proposed Change of Zone, makes the following findings, to wit: 1. The proposed zone change will not have a significant adverse effect on the environments as determined in the Initial Study for this project. No immediate impacts to the environment will result from the Change of Zone from R-3-4,000 (General Residential) to C-O (Commercial Office). Impacts from future development can be mitigated to a level less than significant. 2. There is a reasonable probability that the zone change from R-34,000 (General Residential) to C-O (Commercial Office) wffi be consistent with the future General Plan. The land use designation for the site on the draft General Plan is Professional Office. Commercial Office uses wffi ultimately be consistent with the Professional Office designation, due to the fact that they are similar in both Ordinance No. 348 and the draft General Plan. 3. There is not a reasonable pwbability of substantial detriment to, or inte~erence with, the future General Plan, if the proposed use or action is ultimately inconsistent with the General Plan 'due to the fact that commercial designations are proposed to the north and west, with a high density residential designation to the south and medium density residential to the east. While the C-O zoning will ultimately to be inconsistent with the City's General Plan upon its adoption, this inconsistency will be rectified upon the adoption of the City's zoning map. 4. The proposed change in district classification will likely be consistent with the goals, policies and implementation pwgrams which wffi be contained in the General Plan when it is ultimately adopted. The proposal is consistent with Goal 1 of the Draft General Plan Land Use Element which calls for "A complete and integrated mix of residential, commercial, industrial, recreational, and public land uses." Commercial land uses exist to the north and west, residential exists to the south and is proposed to the east. The proposal will also be R:~S~STAFFRPT~23CZ.PC 2/24/93 klb 9' consistent with Goal 5 of the Draft General Plan Land Use Element which calls for "A land use pattern and intensity of development that encourages alternative modes of transportation, including transit, bicycling, and walking." Existing transit lines are in proximity to the site and residential uses adjacent to the site wffi afford opportunities to walk to the site. 5. The site of the proposed Change of Zone is suitable to accommodate all the land uses currently permitted in the proposed zoning district due to the fact that the parcel is of adequate size and shape for any proposed use. Section 9.75.a. of Ordinance No. 348 (Development Standards for Commercial Office) requires no minimum size for lot area. The parcel is approximately 6.1 acres. Landscaping, parking and lot coverage requirements will be met upon ultimate submittal of a development proposal. 6. Adequate access exists to the proposed Change of Zone site. Proposed potential access points to the site wffi be from Via Las Colinas, Lyndie Lane, Rancho California Road and Moraga Road. Additional internal access and required mad improvements to the site wffi be designed and constructed in conformmice with City of Temecula standards. 7. Said Findings are supported by analysis, maps, exhibits, and environmental documents associated with this application and herein incorporated by reference. D. The Change of Zone is compatible with the health, safety and welfare of the community. Section 2. Environmental Compliance. An Initial Study was performed'for this project when determined that although the proposed project could have a significant effect on the environment, no significant impact would immediately result to the natural or built environment in the City. Future development of the site may result in impacts to the environment, however, these can be mitigated to a level less than significant at the project development review stage. A Negative Declaration, therefore, is hereby granted. Section 3. PASSED, APPROVED AND ADOPTED this 1st day of March, 1993. TJNDA FAHEY CHAIltMAN R:\S\STAFFRPT~23CZ.PC 2/24/93 klb 10. I H'EREBY CERTIFY that the foregoing Resolution was duly adoptai by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the I st day of March, 1993 by the following vote of the Commission: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: GARY THORNItlIL SECRETARY R:\S\STAFFRPT%23CZ.PC 2/24193 Idb 11 ATTACHMENT NO. 2 LETTERS FROM OTHER DEPARTMENTS/AGENCIES R:%S\STAFFRP"I~.23CZ.PC 2/24193 klb 12 GENERAL MANAGER-CHIEF ENG;NEER RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RN~RSIO~, CALIFORNIA Ladies and Gentlemen: p.o. Box TELEPHONE (714) 27S-1200 FAX NO, 0'14) 7ea.-eeces '- 7. 'Z!VED FEB 11 1993 CITY OF TEMF..CtJLA The District does not normally recommend conditiorts for land divisions or other land use cases in incorporated cilies. The Distric~ also does not plan chec~ city land use cas~, or provide State Division of Real Estate letters or other flood hazard reports for such eases. District cornments/recomrnendatior~ for suctt ca,sea ere nonnadly limited to Rams of specific imerest to the District including District Master Drainage Plan fadlRies, ofttar regional flood ~ and drNnage facilities which could be corrodered a logical comportera or exlension of a master plan system, and District Aiea Drainage Ran fees (development mitigation fees). In addition, information of a general nature is provided. The District has not reviewed the pr~o0o_~_u<l project in detail and the following checked commertts do not in any way coe. stitb'te or imply District approval or endorsement of the proposed project with respect to flood hazard, pu~ic health and safety or any other suc~ i.~sue: ["'~This projed would not be impacted by 6istrict Master Drainage Plan radiities nor are other radiities of regional interest proposed. ["'q +his prolect involves District Master Ran facilities. The District will accept ownsship of such facilities o~. written request of the City. Facilities must be constructed to Disffict s~andards, and District plan chect~ and i~ion w~ll be required lot District acceptance. Pl~q ched<, inspection and administ~'ative fees will be required. EThis projec~ proposes channels, storm drains 36 incfies or larger in diameter, or other facilities that could be considered regional in nature and/dr a logical extension of the adopted Master Drainage Plan. The District would consider accepting owners~tip of s~m fadlities on written request of the City. Facilities must be constnjcted to District standards, and District plan check and insOeclion will be required for District acceptance. Plan Check., inspection and adminislratrve fees will be required. F"'lThis projed is located within the limits of the District's Area Drainage Ran for which drainage fees have bee~ ado;ted; a,oplicable fees should be paid to the Rood Control District or City prior to final a,oproval of the project, or in the case of a parcel mad or subdivision prior to recordation of the final map. Fees to be paid s4'~JId be at the rate in effect at rne tim of recotdation, or if deferred, at the time of issuance of the actual permit. GFNFRA! INFORMAT!nN This i:toject may reeuire a National Pollutant Discharge EJimination System (NPDES) permit from the State Water Resources Contrd Board. Clearance for grading, recordation, or other final a,oproval, should not be given until the Qty has determined that the project has been granted a permit or is shown to be exempt. If this projec~ invoNes a Federal Ernergerv:y Management Agency (FEMA) mapped flood pain, then the City should require the applicant to provide all studies, caiculatior~, plans and other information required to meet FEMA requirements, and should further require that the applic, anl obtmn a Conditional Letter of Mal} Rmasion (CLOMR) pnor to grading. recordation or other final approval of the pro;... and a Letler of Map Revision (LOMR) prior to occupancy. If a natural watercourse or mapped flood plain is impacted by this project the City should recluire the a,oplicant to obtain a Seelion 1601/1603 Agreement from the California Department of Fish and Game and a Clean Water Act Section 404 permit from the U.S. An~y Corps of Engineers, or written con'esDondence from these agenOes indicating the prolect is exempt from these re<luirements. A Clean Water Act Section 404 Water QuailW Certification may be required from the local California Regional Water Quality Conlrol Boerd prior to issuarH:e of the Cor~s 404 permit. Very truly yours, DUSTY WILLIAMS Sen~or Civil Engineer Wmr December 24, 1992 Board of Direr, ors: Cuba F. Ko President Dough'.- V. Kulberg St. Vice Pv~mdent Ralph IL Daily Nancy IL Hughes Jeffrey L. Mjnider Lima D. Peterson Richard D. Steffey Officers: .,John F. Hennigar Phillip L. Forbes Dire'mr of Finance - Treasurmr E. P. "Bob" Lemons Director of Entmenng Kenneth C. Dealy Director of Opersuons & Mmnttnance Perry R. Louek Controller Linda M. Freffoso District Secntary McCormick. Kidsmann & Behrens Legal Coal Mr. Matthew Fagan City of Temccula Planning Department 43180 Business Park Drive Temecula, CA 92590 Water Availability, Parcel Map 13466 Lot 2, APN 944-290-009, Change of Zone No. 23 Dear Mr. Fagan: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District CRCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. Water availability would be contingent upon the property owner signing an Agency Agreement which assigns water management rights, ff any, to RCWD. If you have any questions, please contact Ms. Senga Doherty. Sincerely, RANCHO CALIFORNIA WATER DISTRICF Steve Brannon, P. E. Manager of Development Engineering SB:SD:aj369/F186 cc: Senga Doherty, Engineering Technician Rancho California Water District 28061 Diaz Road · Post Office Box 9017 · Temecula. California 92589-9017 * i714,676..4101 * FAX CTI4~ 676-0615 lVlI:ZMORANDUM TO: FROM: DATE: SUBJECT: Matthew Fagan, Assistant Planner David W. Hogan, Associate PlannerOt-.t [4 December 29, 1992 Advance Phning Division Comments on Change of Zone 33 We have reviewed the abovementioned request for a Change of Zone from R-3-4000 to C-O on the southwest corner of Rancho California and Moraga Roads. As a result of our review, we have identified the following comments and concerns. 1. The project' site is currently designated Professional Office on the Draft City General Plan. The primary purpose of the Professional Office designation is to provide for single and multi-tenant professional, legal, medical, corporate and government office uses. The proposed Change of Zone appears to be consistent with the City's December, 1992, draft General Plan. HOGAND~COZ:JJ .COM County of Riverside HEALTH SERVICES AGENCY RECEIVED .I A N O z~ 1993 Ans'd ......... ~ CITY OF TEMECULA PLANNING DEPARTMENT TO: ATTN: Matthew Fagan DATE: :~~Ma~ironme Health Specialist IV FROM: ntal 12-30-92 RE: Change of Zone No. 23 The Environmental Health Services has reviewed this Change of Zone No. 23 and has no objections. Sanitary sewer and water 'services should be available in this area. PB:cr TO: FROM: DATE: SUBJECT: MEMORANDUM Matthew Fagan, Planner Robert Ricjhetti, Senior Project Manager January 25, 199;3 Change of Zone No. 23 The Department of Public Works has reviewed this application and find it satisfactory. Final driveway alignments shall be approved with development applications as they are received. Additional traffic studies may be required as warranted to evaluate the impact of individual development applications and onsite circulation. If you have any specific questions about the chancje of zone or future development applications, pleas. e feel free to contact the department. RR/rr -1 - ' CZ23APPL.MEM 012593 ATTACHMENT NO. 4 INITIAL STUDY R:\S\STAFFRPT%23CZ.CC2 4/19/93 klb 9 City of Temecula Planning Department Initial Environmental Study I. BACKGROUND INFORMATION 1.' Name of Project: 2. Case Numbers: 3. Location of Project: Description of Project: Date of Environmental Assessment: Name of Proponent:. Address: Phone Number of Proponent: Change of Zone No. 23 Change of Zone No. 23 South side of Rancho California Road, approximately 450 feet east of the intersection of Via Las Colinas and Rancho California Road Change of Zone from R-34,000 (General Residential) to C-O (Commercial-Office) of a 6.1 acre parcel JanUary 26, 1993 Sara Muhtaseb P.O. Box 1004 Murrieta, CA 92564 (909) 677-3325 ENVIRONMENTAL IMPACTS (Explanations to all the answers are provided in Section HI) 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes geologic substructures? b. Disruptions, displacements, compaction, or over covering of the soil? c. Change in topography or ground surface relief features? d. The destruction, covering or modification of any unique geologic or physical futures? e. Any increase in wind or water erosion of soils, either on or off the site? f. Changes in siltation, deposition or erosion? Yes Maybe No X X X X X X R:\S%STAFFRPT~23CZ.PC 2/2/93 Idb 15 g. The modification of any wash, channel, creek, river or lake? h. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, liquefaction, ground failure, or similar hazards? i. Any development within an Alquist-Priolo Special Studies Zone? Air. Will the proposal result in: a. Air emissions or deterioration of ambient air quality? b. The creation of objectionable odors? c. Alteration of air. movement, temperature, or moisture or any change in climate, whether locally or ~egionally? Water. Will the proposal result in: a. Changes in currents, or the course or direction of water movements, in either marine or fresh waters? b. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff?. c. Alterations to the course or flow of flood waters? d. Change in the mount of surface water in any water body? e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to, temperature, dissolved oxygen or turbidity? f. Alteration of the direction or rate of flow of ground waters? g. Change in the quantity of ground waters, either through direct additions, withdrawals, or through interception of an aquifer by cuts or excavations? h. Reduction in the amount of water otherwise available for public water supplies? i. Exposure of people or property to water related hazards such as flooding? Yes Maybe X X X X X X N_9.o X X X X X R:\S\STAFFRPT~23CZ.PC 2/2/93 kib 16 Yes Maybe N._.Qo Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any native species of plants (including trees, shrubs, grass, crops, and aquatic plants)? b. Reduction of the numbers of any unique, rare, threatened, or endangered species of plants? c. Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenishment of existing species? d. Reduction in the acreage of any agricultural crop? Animal Life. Will the proposal result in: a. Change in the, diversity of species, or numbers Of any species of animals (animals includes all land animals, birds, reptiles, fish, amphibians, shellfish, benthic organisms, and/or insects)? b. Reduction of the numbers of any unique, rare, threatened, or endangered species of animals? c. The introduction of new wildlife species into an area? d. A barrier to the migration or movement of animals? e. Deterioration to existing fish or wildlife habitat? Noise. Will the proposal result in: a. Increases in existing noise levels? b. Exposure of people to severe noise levels? c. Exposure of people to severe vibrations? Light and Glare. Will the proposal produce or result in light or glare? Land Use. Will the proposal result in: a. Alteration of the present land use of an area? b. Alteration to the future planned land use of an area as described in a community or general plan? X X X X X X X X X R:\S\STAFFRPT%23CZ.PC 2/2/93 klb 17 YeS Maybe N_9.o Natural Resources. Will the proposal result in: a. An increase in the rate of use of any natural resources? b. The depletion of any nonrenewable natural resource? 10. Risk of Upset. Will the proposal result in: 11. 12. A risk of an explosion or the release of any hazardous substances in the event of an accident or upset conditions (hazardous substances includes, but is not limited to, pesticides, chemicals, oil or radiation)? b, The use, storage, trampon or disposal of any hazardous or toxic materials (including, but not limited to oil, pesticicles, chemicals, or radiation)? Possible interference with an emergency response plan or an emergency evacuation plan? Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? Housing. Will the proposal affect existing housing or create a demand for additional housing?. 13. Transportation/Circulation. Will the proposal result in: 14. a. Generation of substantial additional vehicular movement? b. Effects on existing parking facilities, or demand for new parking? Substantial impact upon existing transportation systems, including public transportation? d, Alterations to present patterns of circulation or movement of people and/or goods? e. Alterations to waterborne, rail or air traffic? Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? Public Services. Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of the following areas~ a. Fire protection? X X X X X X X X X X X X R:\S\STAFFRPT~23CZ.PC 212/93 klb 18 Yes Maybe No b. Police protection? _ X _ c. Schools? __ X _ d. Parks or other recreational facilities? __ X _ e. Maintenance of public facilities, including roads? __ X _ f. Other governmental services: Libraries __ X __ 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? __ __ X b. Substantial increase in demand upon existing sources or energy, or require the development of new sources of energy? __ __ X 16. Utilities. Will the proposal result in a need for new systems, or substantial alterationi to any of the following utilities: a. Power or natural gas? __ X _ b. Communications systems? __ _ X c. Water systems? __ _ X d. Sanitary sewer systems or septic tanks? __ __ X e. Storm water drainage systems? __ _ X f. Solid waste disposal systems7 __ _ X g. Will the proposal result in a disjointed or inefficient pattern of utility delivery system improvements for any of the above? __ _ X 17. Human Health. Will the proposal result in: a. The creation of any health hazard or potential health hazard? __ __ X b. The exposure of people to potential health hazards, including the exposure of sensitive receptors (such as hospitals and schools) to toxic pollutant emissions? __ _ X 18. Aesthetics. Will the proposal result in: a. The obstruction of any scenic vista or view open to the public? __ __ X b. The creation of an aesthetically offensive site open to public view? __ __ X R:\S\STAFFRPT~23CZ.PC 212/93 klb 19 Yes Maybe N._p.o C, Detrimental visual impacts on the surrounding area? X 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational resources or opportunities? X 20. Cultural Resources. Will the proposal result in: a, The alteration or destruction of any paleontologic, prehistoric, archaeological or historic site? X Adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? X C, Any potemial to cause a physical change which would affect unique ethnic cultural values? X d, Restrictions to existing religious or sacred uses within the potential impact area? X R:%S~,STAFFRP'I'~23CZ.PC 2/2/93 Idb 20 HI. DISCUSSION OF THE ENVIRONME~NTAL IMPACTS Earth l.a. No. The Change of Zone proposal will not immediately result in unstable earth conditions or changes in geologic substructures. Upon ultimate development of the site, projects which are consistent with the existing zoning will be required to be reviewed through the Development Review/Use Permit Process. Construction and grading for typical development in this zone will not be at depths which would affect any geologic substructures. 1.b. Yes. The Change of Zone request will not immediately result in the disruption, displacement, compaction, or overcovering of the soil, however it may facilitate it. Any future development will result in disruptions, displacements, compaction and overcovering of the soil, as all grading activity requires disruptions, displacements, compaction and overcovering of the soil. Any impacts will not be considered significant due to the fact that the site has previously been graded, and that the mount of disruption, displacement, compaction and overcovering of the soil can be minimized through project design. 1.c. Yes. As mentioned in response 1 .b., the Change of Zone request will not immediately result in any physical changes to the site. Future Commercial-Office development will result in a change to topographic and ground surface relief features as a result of the creation of driveways, site improvements and building pad sites. Impacts .to the topography and/or ground surface relief features can be mitigated through the Development Review .process for future development on the site. Slopes shall be required to be planted for erosion control. 1.d. No. Neither the Change of Zone request, nor development of the site will result in the destruction, covering or modification of any unique geologic or physical features. No unique geologic features exist on the site (based upon information contained in the City of Temecula Draft General Plan Environmental Impact Report, dated August 12, 1992, and the Southwest Area Community Plan Final Environmental Impact Report adopted May, 1989). Based upon a site inspection by staff, no unique physical features were identified on the site. I.e. Maybe. As mentioned in response 1 .b, the Change of Zone request will not immediately result in any physical changes to the site, however, it may facilitate development of the site. Ultimate development of the site may result in increased wind and water erosion of soils on and off-site. Grading will occur for the creation of building pads, site improvements and driveways. The potential for wind and water erosions of soil from the manufactured slopes will be increased. This will be mitigated through planting of slopes for erosion control consistent with Uniform Building Code Standards and Ordinance No. 1.f. Maybe. The Change of Zone request will not immediately result in changes in siltation, deposkion and erosion. Ultimate development of this site may result in changes in siltation, deposition and erosion. As mentioned in response 1.e., due to the creation of manufactured slopes for the driveways, the potential exists for erosion. This in turn would result in an increase of siltation and deposition at the bottom of any slopes. Any potential impact can be mitigated in the manner discussed in response 1 .e. 1.g. No. The Change of Zone request and any subsequent development of the site will not result in modifications to any wash, channel, creek, river or lake. None exist on the project site, nor are proximate to the site. R:\S\STAFFRPT%23CZ.PC 2/2193 Idb 2 1 1.h. 1. i. Air 2.a,b. 2.c, Water 3.a. 3.b. 3.c. Yes. Ultimate development of the site will expose people and property to earthquake hazards since the project is located in Southern California, an area which is seismically active. Any potential impacts can be mitigated through building construction which is consistent with Uniform Building Code standards. The project will not expose people. or property to geologic hazards such as landslides, mudslides, Found failure or liquefaction. No known landslides are located on the site, and the potential for exposure of people to landslides is low due to the topography of the site and potential locations of building pad(s). The same is true for mudslides. The potential for ground failure and liquefaction is also low in this area. The above information was obtained through the City of Temecula General Plan Draft Environmental Impact Report (dated August 12, 1992) and the Southwest Area Community Plan Final Environmental Impact Report (adopted May, 1989). No. The Change of Zone request site does'not propose, nor will any future development occur within an Alquist-Priolo Special Studies ZOne as identified by the State of California, Resource Agency Depaxhaent of Conservation Special Studies Zone Map. Maybe. The Change of Zone request will not immediately result in air emissions, in the deterioration of ambient air quality and in the creation of objectionable odors, however, the Change of Zone from high_density Residential to Commercial-Office may create situations whereby air emissions may increhse (during peak AM and PM traffic). Any potential increase will be addressed at the development review stage and can be mitigated through conditions of approval. Ultimate development of the site may result in air emissions, in the deterioration of ambient air quality, and in the creation of objectionable odors during the construction phase.. These impacts will be of short duration and will not be considered significant in the long-run. No. The Change of Zone request will not immediately result in, nor shall any future development of this site result in alterations of air movement, temperature, or moisture, or in any change in climate either locally or regionally. No. The Change of Zone request will not result in, nor will ultimate development of the site result in changes to currents, to the course or direction of water movements in either marine or fresh waters. The project site is not located adjacent to either. marine or fresh water sources. Yes. The Change of Zone request will not immediately result in changes to absorption rates, drainage patterns and the rate and amount of surface runoff, however future development on the site will result in changes when a project is realized. Previously permeable ground will be rendered impervious by construction of buildings, accompanying hardscape and driveways. While absorption rates and surface runoff will change, any impacts can be mitigated through site design at the development review stage. Drainage conveyances will be required which will safely and adequately handle any of the runoff which is created by the realization of a project at this site. Any impacts will not be considered significant. No. The Change of Zone proposal will not result in, nor will any future development of the site result in alterations to the course or flow of flood waters. The project is not located within or adjacent to an identified floodway. R:\S\STAFFRP'T'~23CZ.PC 2/2/93 Idb 22 3.d. No. The Change of Zone proposal will not result in a change in the amount of surface water in any waterbody. Ultimate development of the site will result in an incremental change in the amount of surface water generated, however, as discussed in response 3 .c., these impacts are not foreseen as being significant. Furthermore, no major waterbodies are located in the subject project area. 3.e. Maybe. The Change of Zone request will not immediately result in, nor shall any future development of the site result in any discharge into surface waters or in any alteration of surface water quality. Prior to issuance of a grading permit for any development proposal, the developer will be required to comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent has been filed or the project is shown to be exempt. By complying with the NPDES requirements, any potential impacts can be mitigated to a level less than significant. 3.f. No. The Change of Zone request will not result in an alteration of the direction or rate of flow of groundwaters. In addition, ultimate development of the site will not result in an alteration of the direction or rate of flow of ground waters. Construction on the site will not be at depths sufficient to have an impact on ground waters. 3.g. No. Neither the C~_ange of Zone proposal nor any future development on the site will result in a change in the quanthy of ground waters, either through direct' additions, withdrawals, or through interception of an aquifer by cuts or excavations. Reference response 3 .f. 3.h. Maybe. The Change of Zone request will not immediately result in a reduction in the amount of water otherwise available for public water supplies. Any potential significant impacts to the amount of water otherwise available for public water supplies will be ascertained at the. development review stage. If any potential impacts are identified, then they will be mitigated through project design. Based upon the acreage of the parcel, the availability of water and observation of similar type projects within the area, any potential impacts are seen as insignificant. 3.i. No. The proposal will not expose people or property to water related hazards such as flooding. Reference response 3.c. Plant Life 4.a. No. The Change of Zone request will not immediately result in a significant change to the diversity of species, or number of any native species of plants, nor will any future development of the site. The site has been previously graded and consists of sporadic groupings of shrubs. The site is considered "infill" with development existing to the north, west and south. 4.b. No. Neither the Change of Zone request nor any future development on fhe site will result in a reduction of the numbers of any unique, rare, threatened, or endangered species of plant. There are no unique or rare plants on the site. In addition, threatened or endangered species will not be significantly affected (Reference response 4.a.). R:\S\STAFFRP'1'%23CZ.PC 2/2/93 klb 23 . 4.c. No. The Change of Zone request will not immediately result in the introduction of new species to the site. Upon ultimate development on the site, new species of plants may be introduced. No significant native vegetation has been identified on the site, therefore, no significant impacts are expected from the introduction of these species. Any future development of the site will not result in the creation of a barrier to the normal replenishment of existing species due to the fact that the site is surrounded by existing development to the north, west and south. No significant impacts are anticipated as a result of this project. 4.d. No. The Change of Zone request will not immediately result in a reduction in the acreage of any agricultural crop, nor will any future development on the site. No prime farmland, farmland of statewide or local importance, or unique farmland is located within the project site. No significant impacts are anticipated as a result of this project. Animal Life S .~a,b, d,e. Maybe. The Change of Zone project site lies within the Riverside County Stephem Kangaroo Rat Habitat Conservation Plan Preliminary Study Area. The potential for the change in the diversity and number (reduction) of the species, producing a barrier to the migration of Stephens Kangaroo Rat as well as the .deterioration of its habitat exists' within the project area. Since a Habitat ConservatiOn Plan h~s not been established as of this date, the impacts to the Stephens Kangaroo Rat may be mitigated through the payment of the Interim Mkigation Fee pursuant to Ordinance No. 663. This fee will be imposed as a Condkion of Approval for a project at this site. No other sensitive species have been identified upon the site. S.c. No. The Change of Zone request will not immediately result in the introduction of any new wildlife species into the area, nor will any subsequent development projects. Noise 6.a. Yes. The Change of Zone request will not immediately result in increases to existing noise. levels, however it may facilitate increases due to the fact that the owner of the property may choose to develop the site under the Commercial-Office designation (hence the request to change zoning designations from High-Density Residential to Commercial-Office). Upon ultimate development of the site, there will be resultant increases to existing noise levels. The land is currently vacant and any development of the land would result in increases to noise levels during construction phases as well as increases to noise in the area over the long run. These impacts will not be considered significant due to the fact that the potential for noise impacts will be discussed at the development review stage and mitigated through site design (i.e. buffering, setbacks). 6.b. Maybe. The Change of Zone request will not immediately result in the exposure of people to severe noise levels. Ultimate development of the site may expose people to strong noise levels due to the fact that the subject project site is adjacent to a heavily travelled thoroughfare (Rancho California Road). Any potential impacts can be addressed at the development review stage and mitigated through project design (i.e. walls, berms, landscaping and buffering). In addition, development of the site may expose people to severe noise levels during the development/construction phase. Grading machinery is capable of producing noise in the range of 100+ dBA at 100 'feet which is considered very annoying and can cause hearing damage from steady 8-hour exposure. The noise will not be considered significant since it will be of short duration. R:\S\STAFFRPT%23CZ.PC 2/2/93 klb 24 6.c. No. The Change of Zone will not immediately result in the exposure of people to severe vibrations, nor shall it have any impacts in this area in the future. No significant impacts are anticipated as a result of this project. Light and Glare Yes. The Change of Zone request will not immediately produce or result in light or glare. Ultimate development on the site will result in new light sources. All light and glare has the potential to impact the Mount Palomar Observatory. No impacts are foreseen from light and glare since any future development on the site will be conditioned to be consistent with Ordinance No. 655 (Ordinance Regulating Light Pollution). Land Use 8.a. Yes. The Change of Zone request will alter the present land use of the area particularly the land use designation for the site. The site is currently vacant. When a development project is realized on the site the use of the land will be altered. The Change of Zone request will be consistent with the future General Plan land use designation for the site and is consistent with other development in the area. Due to the Commercial-Office. nature of the project and consistency with area development, no impacts are anticipated. 8.b. No. The Change of Zone request will not result in an alteration to the future planned land use of the site as described in the City's future General Plan. Although the General Plan has not been adopted by the City Council, the recommended land use designation for the site is Professional Office.. There is a likely probability that the Change of Zone request to Commercial-Office would be consistent with this land use designation, and the City's future General Plan. Natural Resources 9.a,b. Yes. The Change of Zone request will not immediately result in an increase in the rate of use of any natural resource or the depletion of any nonrenewable resource. Ultimate development of the site with Commercial-Office uses will result in an increase in the rate of use of natural resources (construction materials, fuels for the daily operation, asphalt, lumber) and the subsequent depletion of these non-renewable natural resources. Due to the scale of any proposed development, these impacts are not seen as significant. Risk of Upset 10.a,b. No. The Change of Zone request will not resuk in a risk of explosion, or the release of any hazardous substances in the event of an accident or upset conditions, since none are proposed in the request. Upon ultimate development of the site, the risk of explosion or the release of hazardous substances in the event of an accident or upset conditions shall be relatively low based upon permitted uses within the Commercial-Office zone. Any. uses which may pose a greater risk will require a Conditional Use Permit, therefore, any potential impact can be addressed and mitigated at the development review stage. The same explanations apply to the use, storage, transport or disposal of any hazardous or toxic materials. R:\S\STAFFRP'I~23CZ.PC 2/2/93 klb 25 10.c. No. Neither the Change of Zone request nor subsequent development projects on the site will interfere with an emergency response plan or an emergency evaluation plan. The subject site is not located in an area which could impact an emergency response plan. Any future development will ultimately take access from a maintained street and will therefore not impede any emergency response or emergency evacuation plans. Population 11. Maybe. The Change of Zone request will not immediately result in altering the location, distribution, density or growth rate of the human population of the area, however it may facilitate it. Ultimate development of Commercial-Office uses on the site will generate jobs which in turn may result in incremental alterations to the location, distribution, density and growth of human population in the area. Impacts are not seen as significant due to the fact that sufficient infrastructure exists in the area. Itousipp 12. Maybe. Reference response 11. An increase in population may result in an increased affect on existing housing and has the potential to create a demand for additional housing. These increases will not pose a significant impact to the existing or future housing stock within the area due to the fact that existing hoixsing stock and future housing stock will be sufficient to accommodate any increases in population. Transportation/Circulation 13.a. No. The Change of Zone request will not immediately result in the generation of substantial additional vehicular movement. Information contained in the Focused Traffic Analysis (prepared by Ahmad E. Aburahmah, P.E. dated October 26, 1992) indicates that any future development of the site will result in the maintenance of Levels of Sen;ice (LOS) "C" for intersections affected by the project and LOS "D" or better maintained 'at the intersection of Rancho California and Ynez Roads during peak AM and PM hours. These levels of service are acceptable to City standards. According to Goal 1 of the Circulation Element of the draft General Plan: "... Strive to maintain level of Service "D' or better at all intersections within the City during peak hours and Level of Service "C" or better during non-peak hours." No significant impacts are expected from ultimate development of the site. 13 .b. Yes. The Change of Zone request will not immediately affect existing parking facilities, nor will it immediately result in an increased demand for new parking. Upon ultimate development of the site, there will be an increased demand for new parking which will be required for the project as per City Ordinance. Off-site parking will be required and consistency with City Ordinances regarding the amount of off-street parking required/provided will be reviewed during the development review stage. No significant impacts are foreseen. '13.c. Maybe. The Change of Zone request will not create impacts upon existing transportation systems, including public transportation. Upon ultimate development of the site, impacts may occur to existing systems, including public transportation. Mitigation measures included in the focused traffic analysis include construction of Rancho California Road and Lyndie Lane to their ultimate full section width, construction Moraga Road to its ultimate half-section width, payment of signal mitigation fees and the striping of a 200 foot left-turn pocket for westbound traffic on Rancho California Road turning south bound onto Moraga Road and Lyndie Lane. Any impacts upon R:\S\STAFFRF1~23CZ.PC 2/2/93 klb 26 public transportation can be mitigated at the design/development review stage of the project by adhering to recommendations from the Riverside Transit Agency CRTA). Current RTA service exists along Rancho California Road in proximity of the subject project site. 13.d. Maybe. The Change of Zone request will not immediately result in alterations to present patterns of circulation or movement of people and/or goods, however it may facilitate it. Ultimate construction of Commercial Office uses on the site may result in alterations to present patterns of circulation or movement of people and/or goods. The proposal to add Moraga Road and Lyndie Lane will represent a physical modification to existing transportation routes. The alterations will not be seen as significant due to the fact that the alterations to present paRems of circulation/movement of people and/or goods will serve the subject project. 13 .e. No. Neither the Change of Zone request nor future development proposal on the subject site will result in alterations to waterborne, rail or air traffic since none exists currently in the proximity of the site and none are proposed. 13.fi Maybe. The Change of Zone request will not immediately result in an increase in traffic hazards to motor vehicles, bicyclists or pedestrians, however, ultimate development of the site may result in an increase in traffic hazards to the above mentioned areas. Any impacts can be mitigated to a level less than significant through site design which is consistent with City standards. Potential conflicts can be mitigated at the development stage of the project. Public Services 14.a,b. Maybe. The Change of Zone request .will not immediately have a substantial effect upon, or result in a need for new or altered fire or police protection, however, upon ultimate development of the site with Commercial-Office uses, impacts may occur in these areas. Fire mitigation fees will be required to be paid prior to the issuance of building permits for any development project on the site. These fees will offset any impacts which are created by the new development. There may be a resultant increase in the need for police protection due to the fact that increases in commercial development ultimately generates the need for additional housing stock (reference response No. 12). Any impacts to existing and future levels of service for police proteaion can be mitigated through the revenue generators which fund the City's police force (i.e. sales tax, property tax, transient occupancy tax, moWr vehicle tax, etc.). These impacts are not seen as significant. 14.c. Maybe.' The Change of Zone request will not immediately have a substantial effect upon or result in a need for new or altered school facilities, however, ultimate development of the site with Commercial Office uses may generate the need for additional housing stock (reference response No. 12). The resultant rise in residential development may generate the need for additional/expanded school facilities. Any impacts can be reduced to a level less than significant through the payment of school fees which will be required to be paid prior to the issuance of building permits for any development on the site. R:\S\STAFFRPT~23CZ.PC 2/2/93 klb 27 14.d. 14.e. 14.f. Ene_r2v 15.a,b. Utilities 16.a 16.b. Maybe. The Change of Zone request will not immediately have a substantial effect upon or result in a need for new or altered parks or other recreational facilities, however, future development of the site with Commercial Office uses may. As mentioned in Response No. 12, commercial development may result in an increase in demand for additional housing stock. Additional residential units may result in a need for new/expanded park and/or recreational facilities. Quimby fees are required to be paid as pan of development of residential units to finance the creation/expansion of park and recreation facilities. Due to'payment of these fees, plus the limited scale of the project, any impacts will be incremental and can be mitigated to a level less than significant. Maybe. The Change of Zone request will not immediately have a substantial effect upon or result in a need for maintenance of public facilities, including roads, however, future development of the site may result in a need for the maintenance of the above mentioned facilities. Funding for maintenance of roads is derived from the Gasoline Tax which is distributed to the City of Temecula from the State of California. Impacts to current and future needs for maintenance of roads as a result of the ultimate development of the site will be incremental, however, they will not be considered significant. This is due to the fact that the Gasoline Tax is sufficient to cover any of the proposed expenses. Maybe. The Change of Zone request will not immediately have a substantial affect upon or result in a need for new oi altered library services, however, future development on the site may have an impact upon the above mentioned services. As has been previously discussed (reference Response No. 12), additional commercial uses in an area may generate the need for additional housing stock. This in turn will result in an incremental increase in result in an incremental increase in demand for library facilities. These impacts are not seen as significant and can be mitigated to a level less than significant through payment of library fees. These fees are paid on residential units prior to the issuance of building permits. No other governmental series will be No. Neither the Change of Zone request, nor any future development on the site will result in the use of substantial amounts of fuel or energy, nor will there be any subsequent increase in demand upon existing sources of energy or require the development of new sources of energy. Increases will occur as a result of ultimate construction of Commercial-Office uses on the site. These increases will be limited due to the scale of the project, and are therefore, not seen as significant. Maybe. Neither the Change of Zone request, nor any subsequent development on the site will result in a need for new system or substantial alterations to power.or natural gas. The project site is within proximity of existing facilities. In addition, any 'proposal would be seen as an "in-ffil" project with existing uses to the south, north :and west. Any potential impacts are not seen as significant. No. Neither the Change of Zone request, nor any subsequent development on the site will result in a need for new systems or substantial alterations to communication systems. R:\S\STAFFRPT'%.23CZ.PC 212/93 klb 28 16.c. 16.d. No. Neither the Change of Zone request, nor any subsequent development on the site will result in a need for new systems or substantial alterations to water systems. Reference letter dated December 24, 1992 from Rancho California Water District (RCWD) which states: 'Water service .... would be available upon completion of financial arrangements between RCWD and the property owner". The above mentioned letter is on file with the City of Temecula Planning Department. 16.e. No. Neither the Change of Zone request, nor any subsequent development on the site will result in a need for new systems or substantial alterations to sanitary sewer systems. According to the City of Temecula Draft Generai Plan Environmental Impact Report (EIR) dated August 12, 1992, implementation of the General Plan (of which this project is considered consistent with) any future project on the site would not significantly impact wastewater services. 6.f. No. Neither the Change of Zone request, nor any subsequent development on the site will result in a need for new systems or substantial alterations to storm water drainage systems (reference response No. 3.b,c.). 16.g. No. Neither the Change of Zone request, nor any subsequent development on the site will result in a need for new systems or substantial alterations to solid waste disposal systems. Any impacts from solid waste created by future development on the site can be mitigated through participation in any Source ReduCtion and Recycling Programs 'which are implemented by the City. No. Neither the Change of Zone request, nor any subsequent development on the site will result in a disjointed or inefficient pattern of utility delivery system improvements for any of the above due to the "in-fill" nature of the project. Human Health 17.a,b. No. Neither the Change of Zone request nor any future development on the site will result in the creation of any health hazard or potential health hazard. The County of Riverside Health Services Agency has reviewed the Change of Zone request and has voiced no objections to the project (County of Riverside Health Services Agency transmittal dated December 30, 1992, a copy of which is on file with the Planning Department). In addition, neither the current proposal nor any future development will expose people to potential health hazards. Aesthetics 18.a. No. Neither the Change of Zone request, nor any subsequent future development on the site will result in the obstruction of a scenic vista or view open to the public. As has been previously mention, the subject project site is considered an "in-fill" site. No vistas or views open to the public exist at the site. 18.b. No. Neither the Change of Zone request,. nor any future development on the site will result in the creation of aesthetically offensive site open to public view. Currently, the site is vacant and has been graded. Manufactured slopes which are visible along Rancho California Road exist on the site and have not been landscaped. Upon development of the site with Commercial-Office type uses, the slopes will be required to be landscaped to City Standards. Development projects for the site will need to be consistent with City Ordinances and shall be reviewed during the development review process. Any potential negative aesthetic impacts can be mitigated at this time. R:\SXSTAFFRPT%23CZ.PC 2~2~93 klb 29 18.c. No. Neither the Change of Zone request, nor any future development on the site will result in detrimental visual impacts on the surrounding area (reference response 18.b. for negative aesthetic impact mitigation). Recreation 19. No. Neither the Change of Zone request, nor any future development on the site will result in impacts to the quality or quantity of existing recreational resources or opportunities. The site is currently vacant and is not being used for either passive or active recreational purposes. Quimby fees will be indirectly associated with ultimate development of the site (reference response No. 14.d.) and these fees will contribute to a fund to allow for future park acquisition. Cultural Resources 20.a. No. Neither the Change of Zone request, nor any future development on the site will result in the alteration or destruction of any paleontologic, prehistoric,. archaeological or historic site. No paleontologic, prehistoric, archaeological or historic sites exist on the subject project site. This determination is based upon information contained in the City of Temecula Draft General Plan Environmental Impact Report (dated' August 12, 1992) and the Southwest Area Communi~ Plan Final Environmental. Impact Report (adopted May, 1'989). : 20.b. No. Neither the Change of Zone request, nor any future development on the site will result in adverse physical or aesthetic effects to a prehistoric or historic building, structure or object. None exist or are known to exist on the site (reference response No. 20.a.). 20.c. No. Neither the Change of Zone request, nor any future development on the site will have the potential to cause a physical change which would affect unique ethnic cultural values. No "unique" ethnic cultural values exist on-site or in proximity to the site (reference response No. 20.a.). 20.d. No. Neither the Change of Zone request, nor any future development on the site will result in restrictions to existing religious or sacred uses within the potential impact area. None-exist or are known to exist on the site (reference response No. 20.a.). R:\S\STAFFRP'T~23CZ.PC 2/2/93 klb 30 IV. MANDATORY FINDINGS OF SIGNIFICANCE Does the project have the potential to either: degrade the quality of the environment, substantially reduce the habitat of a fish, wildlife or bird species, cause a fish, wildlife or bird population to drop below self sustaining levels, threaten to eliminate a plant, bird or animal species, or eliminate important examples of the major periods of California history or prehistory? Yes Maybe N._Qo X Does the project have the potential to achieve short term, to the disadvantage of long term, environmental goals? (A short term impact on the environment is one which occurs in a relatively brief, definitive period of time while long term impacts will endure well into the future.) X Does the project ha~e impacts which are individually limited, but cumulatively considerable? (A project's impact on two or more separate.resources 'may be relatively small, but where the effect of the total of those impacts on the environment is significant.) Does the project have environmental effects which will cause substantial adverse effects on human beings, either direc~y or indirec~y? X X V. DEPARTMENT OF FISH AND GAME "DE MINIMUS" IMPACT FINDINGS Does the project have the potential to cause any adverse effect, either individually or cumulatively, on fish and wildlife resources? Wildlife is defined as "all wild animals, birds, plants, fish, amphibians, and related ecological communities, including the habitat upon which the wildlife depends on for it's continued viability" (Section 711.2, Fish and Game Code). Yes X N_fi R:\S\STAFFRPT%23CZ.PC 212/93 klb ~3 1 ENVIRONMENTAL DETERMINATION On the basis of this initial evaluation: I fred that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because the Mitigation Measures described on the attached sheets and in the Conditions of Approval that have been added to the project will mitigate any potentially significant impacts to a level of insignificance, and a NEGATIVE DECLARATION will be prepared. X I find the proposed project MAY have a significant effect on the environment, and an 'ENVIRONMENTAL IMPA~ REPORT is required. Prepared by: Assistant Planner Dam R:%S\STAFFRPT~23CZ.PC 2~2~93 klb 32 ATTACHMENT NO. 5 EXHIBITS R:\S\STAFFRPT~23CZ.CC2 4/19/93 Idb 10 CITY OF TEMECULA SITE CASE NO.: Change of Zone No. 23 EXHIBIT: A P.C. DATE: March 1, 1993 VICINITY MAP R:%.S%STAFFRPT%23CZ.PC 1/27/93 Idb CITY OF TEMECULA ..~ DRAFt GENERAL PLAN- EX~mrr B Designation: Professional-Office SITE ZONING - EXHIBIT C Case No.: Change of Zone No. 23 P.C. Date: March 1, 1993 Designation: Commercial-Office R:\$\STAFFRPl'~23CZ.PC 1/27/93 klb CITY OF TEMECULA V>.C. AHT ~- . PARCEL 1 ~ R-3-4000 m C. P ! e LYHOIr LANE SHOPPING CFJ~r.R ~.,,,..t~ RN4CHO CALIFORNIA ROAD ~--PROPOSED PARCEL 1 P. LQ.' """' ,-~-' ,._ ~,'.'~ u,s cou"''s PARCEL 3 R-3 APARTMENT eeseeeee/ Caa,8 8TATIO~ CAR WAiN APARTMF. HT MOR/~,A ROAD 3000 PROPOSED CASE NO.: Change of Zone No. 23 EXHIBIT: D P.C. DATE: March 1, 1993 SITE PLAN R:\S\STAFFRPT~23CZ.PC 1/27/93 klb CITY OF TEMECULA Site Legend: · XX - A.M. Turning Volumes (XX) - P.M. TUrning Volumes CASE NO.: Change of Zone No. 23 EXHIBIT: E EXISTING PEAK HOUR TURNING MOVEMENT VOLUMES P.C. DATE: March 1, 1993 R:\S\STAFFRPT%23CZ.PC 1 ~27~93 klb CITY OF TEMECULA Not-to*Scale Site Legend: XX - A.M. Turning Volumes (f(X) - P.M. Turning Volumes CASE NO.: Change of Zone No. 23 EI~I:!IRIT: F EXISTING PLUS PROJECT PEAK HOUR VOLUMES P.C. DATE: March 1, 1993 R:%S\STAFFRPT~23CZ.PC 1/27193 klb Turning Movement Eastbound Rancho California Rd. Westbound Rancho California Rd. TABLE 1 RANCHO CALIFORNIA AND YNEZ ROADS TURNING MOVEMENT VOLUMES Existing. Peak Existing Plus Project Peak (AM/PM} " (AM/PM) Change (AM/PM| 451/1,297 515/1,420 12.4/8.7 819/828 965/871 15.1/4.9 TABLE 2 VIA LAS COLINAS AND RANCHO CALIFORNIA ROAD TURNING MOVEMENT VOLUMES Turning Movement Via Las Colinas to Rancho California Rd. (eastbound) Via Las ColinaS' to Rancho California Rd. (westbound) Eastbound Rancho California Rd. to Via Las Colinas Westbound Rancho California Rd. to Via Las Colinas ' Exi~ing;..Pe.ak ,' , Existing,Plus Project Peak" tAM/PM} · (AM/PM) % Change {AM/PM) 10/2'9 10/29 0/0 34/62 38/64 10.5/3.1 34/21 39/25 12.8/16 16/8 16/8 0/0 R:\S\STAFFRPT~23CZ.PC 2/2/93 klb 34 TABLE 3 LYNDIE LANE AND RANCHO CALIFORNIA ROAD TURNING MOVEMENT VOLUMES Turning' Movement Lyndie Lane (northbound) to Rancho California Rd. (westbound) Lyndie Lane (northbound) to Rancho California Rd. (eastbound)' Rancho California Rd. (westbound) to Lyndie Lane (southbound) Rancho California Rd. (eastbound) to Lyndie Lane (southbound) Existing Plus Project Peak {AM/PM) 142/41 35/72 95/30 59/119 Rancho Moraga Moraga Rancho Moraga Rancho TABLE 4 MORAGA AND RANCHO CALIFORNIA ROAD TURNING MOVEMENT VOLUMES' Turning Movement California Road (eastbound) to Road (southbound) Road (southbound) acr6ss California Rd. Road (northbound) to California Rd. Moraga Road (northbound) across Rancho California Rd. Moraga Road (northbound) to Rancho California Rd. (eastbound) Rancho California Rd. (westbound) to Moraga Road (southbound) Rancho California Rd. (westbound) across Moraga Road Rancho California Rd. (eastbound) across Moraga Road Existing Peak (AMJPM) 0/0 0/0 0/0 Existing Plus Project Peak (AMIPM) 0/0 29/13 0/0 0/0 16/20 0/0 24/6 0/0 23/21 913/568 393/963 1,018\596 428/1,035 R:\S\STAFFRPT~23CZ.PC 2/2/93 klb 35 ITEM NO. 13 APPROVAL CITY ATTORNEY ~ FINANCE OFFICER CITY MANAGER CITY OF TEMECULA A GENDA REPORT TO: City Council/City Manager FROM: City Attorney Scott F. Field DATE: May 11, 1993 $UBJEC~ Development Processing Fees- Public Hearing RECOMMENDATION: ' 1. Conduct a Public Hearing and take testimony on the issues. 2. Adopt a resolution entitled: RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A DEVELOPMENT PROCESSING FEE STRUCTURE FOR PLANNING, ENGINEERING AND BUILDING SAFETY SERVICES AND REPEALING RESOLUTION NO. 90-81 BACKGROUND: Under State law, cities may establish development processing fees that do not exceed the cost of providing the services for processing development applications. Historically, the City followed the County Fee Schedule with few exceptions by adoption of Resolution No. 90-81 on July 24, 1990. The study conducted by Cordoba Corporation last year showed that the existing fee schedule for user fees and charges is valid with certain modifications. The study concluded that the City is recovering 92% of the total cost of providing current planning, engineering and building and safety services. However, since the only historical data available for the study was from the period when the firm of Willdan Engineering provided these services, the study will need to be repeated in approximately eighteen (18) months when the City has completed the transition to regular full-time staffing. In the interim, based on the Cordoba study, City staff is proposing certain revisions to the existing fee schedule to correct obvious inequities. Those modifications are set forth in the proposed Fee Schedule attached to the Resolution as Exhibit "A" and are listed on Attachment 3 (attached hereto) as "List of Fee Changes." Agenda Report Development Processing Fees May 11, 1993 Page 2. ATTACHMENTS: 1. JSG Resolution adopting a development processing fee structure for Planning, Engineering and Building and Safety Services and repealing Resolution No. 90-81 User Charges and Fee Study, March 11, 1992 List of Fee Changes. ATTACHMENT I RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A DEVELOPMENT PROCESSING FEE STRUCTURE FOR PLANNING, ENGINEERING AND BUH~ING SAFETY SERVICES AND REPEALING RESOLUTION NO. 90-81 WHEREAS, City Ordinance No. 90-14 provides that the City Council may adopt by resolution a schedule of fees for land use matters and related functions and may subsequen~y amend such schedule by resolution; and WHEREAS, on ]uly 24, 1990, by Resolution No. 90-81, the City Council adopted a consolidated schedule of fees for land use matters and related functions; and WHEREAS, certain revisions to the existing. fee schedule have been recommended based on the rcsults of the "User Charges and Fees Study" dated March 11, 1992 conducted for the City of Temecula by Cordoba Corporation; and WHEREAS, a noticed public hearing has been held by the City Council at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the revised schedule of fees which is identified below; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City of Temecula hereby adopts Exhibit "A" attached hereto as its Fee Schedule for Planning, Engineering and Building and Safety Services. Section 2. Resolution No. 90-81 is hereby repealed. Section 3. Thc City Clcrk shall certify to the adoption of this Resolution and shall cause the same to be posted as required by law. Ruos 309 PASS~r}, APPROVED AND ADOPTitan, this May, 1993. ATTHST: J. Sa Mufioz, Mayor June S. Greek, City Clerk STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEIVIF~ULA ) I, June S. Greek, City Clerk of the City of Temecula DO HEREBY CERTIFY that Resolution No. 93- was duly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the ' day of May, 1993, by the following roll call vote: AYES:' COUNCILMEMBERS: NOES: COUNCILMEMBERS: COUNCILMEMBERS: Reins 309 EXHIBIT "A" ATTACHMENT 2 CITYOF~~ User Charges and Fees Study Marchll, 1992 CORDO~A CORPORAI~ON ~rom~ Avemine, ~ ~OJ DieRe, CA 92101 TABLE OF CONTENTS INTRODUCTION ...................................... 1 INVENTORY OF EXIS~G MUNICIPAL SERVICES AND ]~Rt,&TED FRE~ .................................... j A. Background ...................................... 3 B. Inventory of Existing Municil~l Services .................... 3 C. Inventory of ~g User Fees and Charges .................. 4 D. Findings ........................................ 4 E. Recommendations ................................... ~ HILL COST ALIOCATION PLAN ........................ 7 A. Overview ........................................ 7 B. Gtmcral C~cs of Cost .Anoc~tion System ............... 7 C. Process for Allocating Overbeads to Direct Public Services ......... 8 D. City of Temecula Cost Allocation Plan .................. ; .... 9 E. Cost Allocation Plan ................................. 9 F. Temecula Community Services District (TCSD) ................. 11 G. Temecula Red ,ev, dopment Agency .......................... 12 DEVEt OPMENT OF ~ Sc~rs~ FOR HIt I, COST RF.~OVERY 13 A. Background ...................................... 13 B. Comparison of User Fees and Charge~ ...................... 13 FINDINGS AND IMPACT OF RECO~ATIONS ........... 14 A. Introduction ........................ ,~ ............. 14 B. Rationale for Fees and Charges .......................... 14 C. Criteria for Determining Recovery Level .................... 15 D. Fees Su'uctu~ng .................................... 15 E. Computation of Amount to be Charged ...................... 1~ F. Current Workload Information ........................... 16 G. FuLl Cost Recovery of Development Process ................... 16 TABLES, APPENDIX AND ifOcHsKITS Table 1 - List of Existing Services and User Fee and Charges Revenue Accounts ........................... 23 Table 2 o Type of Fees by Cost Recovery Category ................ 34 Table 3 - Project Cost Analysis - Selected Projects.: ............... 35 Appendix A - Cost Allocation Model User Guide ................. 37 App~dix B - City Comparison of User Fees and Charges ............ 4t4 Aptgndix C - Full Cost Recovery Analysis (three de~amnmts) ......... ~3 Exhibit 1 o Full Cost Allocation Model FY 1991-9'2 ...' ............. 70 Exhibit 2 - Temecala Redevdopment Agency Full Cost Estimate: FY 1991-92 °°°°°°°°°°°; Exhibit 3 - TCSD Cost Allocation IMFRODUC~ION INTRODUCTION A. Purpese and Objectives John McTighe & ABoclste$ (JI~A), in atst~i~tlon with' Cordoba Corporation, was retained by the City of Temecula to lx~fa~., a study of user fees and charges and of development impact fees. This portion of the study re.h~ W User Fees =rid r~hnWes. The purpose of the user fees and charges study is W provide the City with a swalegic framework for detemining the mount that may be charged by the City in ord~ W recover all or pan of the full cost of performing the related services. This report accompli-~hes the following objectives: / Provides an invenr~y of v, isting m-ni,~i~l services and rehted fees anci charges; · / Provides a full cost allocation phn that captures all aclnal costs associates with each service area; Develops a proposed fee schedule for full cost recovery; and Describes the proposed full cost rewve~ impact on municipal revenues and compares the proposals w the practice of other selected cities. This portion of the report is orbnixed into four sections: Section I provides an inventory of existing City services and associates revenues from fees and charges. Section II presents the results of the full cost allocation system, which captures all actual costs associated with each service area, describes its development and the software to use it. Section III provides a table of current and proposed fees and charges to achieve full cost recovery and compares these to three other cities. Section ]~ ciiscusses Our findings and recommendations. B. Methodology We developed a detailed workplan to accomplish the objectives noted above. consisted of: ./Collection of dam relevant for project analysis; Review and evaluation of current services and a~sociates fees and char~es; The major tasks Analysis of current org~ni~tlon, and the dislinction between general government and · / Identification and impact of current services provided by private contracts and inter- governmental agreements; Development of a full cost ,noc~tioa plan; / Meat~fic~t~oa of additional user fees and charges that may be considered by the City; Development of user fees and charges convl~dsen matrix depicting existing user fees and charges, proposed changes to existing user fees and e. luttges to achieve fun cost recovery, and the practices of other cities; and We gave particular attention to the City~s current standants and methods for implementing revenue changes. We have been sensitive to the overall community impact ultimately affected by the proposals. In this way we believe we have produced valid, r~liable information and practical recommendations. Cit7of'Tema:uh, UmrCbm.emead Fem Smdy L INVENTORY OF EXISIIJVG MUNICIPAL SERVICES AND RELATED FEES SECTION I Inventory of Existing Municipal Services and Related Fees The City of Temecula has been in exi~ence, sin~ 1989 and is now about mid-way through its second full year of operation. Consequen~y, there is a limited mount of historical workload dam available to develop reliable trends related to user fees and charges revenues. In addition, the overall economy is in a rects~icm casting even mate doubt on the reliability of p~t conditions to suggest specific panems of ptivat~ activity su,~,-ptible to user fee-supported services. The City also provides services to its citizens in a number of significant areas through private contracts and inter-governmental agreements. This means that administrative support and general government' services are diapzopoAfionately smaller than would be expected compared w the overall budget size. The major service areas provided through private and public contracts ar~: ,/Legalsin,ices ,/Police protection / Fir~ tn~nlion and response ,/Solid was~ cnll~ion / Animal control B. Inventory of l~.-,ieeink, Municipal Services We developed a fist of m, mi~l~l services and listed the user fees and char~e~ related to those services. This provides the City with an inventory of existing m,,ni~p=l services and rehted fees. In completing this rusk, we have met with City department heads and principal consultants whose functions generate City revenues derived from user fees and charges. The City of Temecula provides a number of municipal sexyices through service agreements with the County of Riverside and by contracts with private firms. In our review of municipal services, we plan check services (a private wntma) are listed under Public Works; and waste management, under the City Manager. The City AUorney was placed under the .City Manager because that is where the legal services contract is ndministered. We recognize, however, that this is a function having a broad degree of autonomy and is direcfiy responsible to the City Council. To properly refiea the cbarac~ of the services, we broadly categorized the municipal services. As a result, it will be observed that most departments perform a mix of general government, direct public service, and/or support services. We defined each category as follows: CitYorTamakUm. CimWmmdFemSud7 PM, 3 General Government - Activities related to the City's legislnflve, administrative, and executive functions, inCh~din~ financial ~rpini~-afion, revenue and tax administration, and genenl control of City-wide benefit. Direct Public Serviees - Functions performed by the City in response. to citizen needs for public safety, public works, health and welfare, and recreation and culture. Support Services - Specioli-e~, City-wide activx"nes pc, fofhaed by City departments in support of genenl government and direct public services, including information systems, utilities and f~eiliHes (excluding public works and recreation and culture). We exnmin_~J all the City's departments to determine the type of services performed by each and to identify the fees and user charges zlat~ to those services. This is the first step toward completing the analysis of the full cost of public services and the non-tax revenues associated with them. The purpose for categorizing municipal services as "Generdl Government," "Direct Public Service," and "Support Setviees"_is to provide guidnnee in determining the al~yropz:ni~ness of levying a user charge or fee for the t6tal'or partial recovery of municipal service costs. We note that public agencies give greatn' atln~tion to the recovery of all or part of the costs associated with "Direct Public Services." There are two prlncipnl reasons for this. The first is that included in direct public services are activities which can be directly linked to individual benefit (e.g., planning and building inspection). The second is that general purpose taxes are becoming insufficient m pay for the services the public wants and funding beyond basic service levels requires a supplement that people are often willing to pay for. We therefore believe it is important to distjnguish those services from the other categories. C. Inventory of ~'.-Id~m, User Fees and Charges We listed aH user fees and charges related to specific municipal services and recorded how much actual revenue was received during the last completed fiscal year. Our source of information regarding revenue lx-zfo,.cdice is the City's FY 1990-91 revenue report. Although some revenue accounts did not show any activity during Far 1990-91, we are aware that it may not necessarily be the case for I:Y 1991-92 (e.g., business licenses). This information is contained in Table I. Table I lists all the City services in accordance to where they are administered. Therefore, they may not always parallel the depamnental format used in the City's FY' 1991-92 Budget. While associated revenues from user fees and charges are also listed with each service area, the revenues are centrally collected and are not presently credited to the rehted departmental budgets. The City's budget does not presently accumulate workload dam for disphy in departmental budget details. Lacking this information handicaps quantifying proposed expenditures in terms that may be familhr to citizens and necessary for departmental managen to track the consumption of CityofTemmcu~UmrCharemamlFemSemb, Pale4 resources. The development of a comprehensive and integrated budgeting accounting system cannot take place all at once for the City. This is part of the evolutionary process of constructing management systems consrained by time and zesources. However, a substantial effort toward developing workload data and performance measm'es will improve accounting and other aspects o budgetary management. The City has begun this proceu by the introduction of selected workload units in monthly repom to the City Council. This is an rx~lleat begirming. E, 'geeommemdations 1. Accosmtin9 for Pkc~,,,., Revenn~ In order m facilitate the linking of noa-tax reveaues (user f_~_S, charges, grants, inter- governmental transfen, etc.) to the m,;nicil~l services which generate them, It would be appropriate. to modify future .City budgets to reflect net municipal costs. This change in presenting the cost of City service would allow eltizens to view the mount of revenues that are derived from sources other than local laxca to.pay for these services, and provide departmental managers with additional information to better monitor and nutk~ corrections to their program objectives as the fiscal year progresses. We, therefore, recommend the following budget format changes: Costs Salaries and Benefits $ xxxx Materials and Services xxxx C~ir~l Ou~qy xxxx Total Direct Costs $ xxxx Indirect ]:-13~ense, sx (from cost allocation model) $XXXX Tor~l Service Cost~ Fundin~s $ < xxxx > Net 1'~ib~rtmentsl Co~ $ XXxx This is new information obtained from cost ailocation model. This is new information. This is new information and includes: revenue from grants, user fees and charges, operating transfers, intergovernmental payments, etc.) This is the mount financed from general taxes; in. eluding vrol/-,'ty tax, sales tax, etc. 2. Performnnee ll~0ozling and coml~rin,~ actual performance, costs, and revenues for variance analysis is integral to developing a sound un:r fee and charges system. This information my identify wenL-nease~ in th~ operation of a cLa3aa Cmgat, the over- or under-charging of user fee to achieve Developing units of measurement for the work to be done by each depamnent is always a major underlilting. However, some units of workload measurement are relatively easy to identify, particularly ff they relate to the i~,~vtee of permits, the review of planning applications, performance of field observations, resIxmses to calls and counter inquiries, etc. The development process, which currently Jenerates by far the major portion of the City's user fees We, there, fore, recommend that the City identify work measurement units for the Departments of pinnnln_v, Public Works, and P,ildin.v and Safety. These work measurement units should be accumulated on a fiscal year basis to provide workload indices for budgeting purposes and revenue manaSement. :C.i~, otTmmcuh. UmrChmlmmml Fees SamiF Pale6 II. FUZL COST ~rJr~OCAHON PlAN Full SECTION H Cost Allocation Plan A. Overview The purposes of performing a full cost allocation plan are w provide uniformity in the calculation of munieilr~l servic~ costs, and to identify nil City expenditures which ent~' into the provision of municipai services. Based on the cost information thusly developed, it is possible to determine the user fees and charges that my be embiished to recover all or pan of a specific municipal service cost. The number of work traits (workload data) and service standards (quality of service provided) are also factored into the formula for determining the appropriate mount w charge. Computation of full costs is a mathe,nntlc~l, step don pnx:e~ by which overhead categories are n!iocated to direa public service dqsamnents or orgsni~ional units. This is accomplished by identifying each of the City's direct, departmonth1 costs, usually found in the City's annual budget. After this is done, the costs of overhead department~ costs are spread to direct service departmental costs according to a ]ogitml nlioc-~tlon bash. Therefoxe, full senrice costs include all direct and indirect costs (overheads). Direct costs are the depamnent's line item expen,'liv,res which can be specifically identified -to the service. Usually these costs are salaries and benefits, matemls and services, and equipment acquisition. While dqn'eehtion is not budgeted, in a cost allocation model it is a more accurate reflection of average annual equipment costs than the mount of equipment costs budgeted in any one year. Indireet costs are division overhead, department overhead, Citywide overhead, and support services. The caladafion for these is as for direct costs above. B. General Charaaeristks of Cost Allocation System The following schematic design flustraws the allocation.process: CATEGORIZE ALLOCATE OVERHEADS {to direct services and other departments} Overhead camgories are defined as follows: ~ltvwide C)verh,,md: General CIty Overbud: Costs incurz~ by the City which are necessary to the overa/l operations but cannot readily be identified as providing a direct public service or which cannot be measmzd in terms of the quantity of service proVided to a specific Support Overhead: Costs incun'~ by a service type department in support of other dcl~euta (e.g., Human Resources, Risk ]V',nagement, Purchasing, etc.). Den*~mont OverhMd: Costs incurred within the Department for employees providing administrative and support services m pu~ in 011 of the service providing aaivx"ues in the Department. liivkion OverlaNd** Con incm'red within the Depmlnent for employees providing ndrnini,erative, supervisory, and support scrvices to personnel in some but not art of the scrvicc providing activities in the Depamnent, and forsuppUes, other charges, ~sno,-u~t, eads to Direct Pubtic Services 1) Categorize departments - ~e which deparunents aze genera/government, support services, or direct public service. 2) tiegin With adminisu~ive, legislative, and support services departments. Compute their individual direct costs. Total for the group. 3) Do the same for direct pubtic services departments. 4) Select an allocation basis - any logical basis for allocating Citywide (general) and support services overheads may be used if it distributes costs equitably and will withstand audit. This is fz~quentiy done en the basis of the proportionate share of direct labor costs a department has in relationship to the City's total labor costs (i.e., if Department A has a $250,000 direct labor cost compared to the City's tom/$5,000,000 hbor cost, then its proportionate share of the total is 5 % ). 5) Allocate any support costs which can be n~cinted directly with operating departments (e.g., legal services). Subtract this mount from the tom/support costs to compute the remaining costs to be allocated. 6) Spread the remaining support costs to all departments in accordance with the basis of allocation. In large governmental units, the allocation process may require determining administrative and support units benefiling the entire department and spreading to the Of Temremajm~'~ni~'~tiOnal units (divisional overhead). This was not necessary for the City ofTmazda, Umr Clmrmm md Fern SudS, ,. Paps 7) Spread the full cost of general government departments to all departmen~ in accordance D. City of Temeeula Cost Allocation Model The cost allocation model was tJe~igned using the City's FY 1991-92 finaJ operating budget. In the development of the cost allocation model, we ms,% a number of assumptions which are discussed below. In geneal, however, we have dioc~,~,.~ indirect costs and administrative overheads to programs and departmints in proportion to the mount of grvic~ or benefit received. There are three basic approaches to the allocation proce~: 1) Apply indirm and overhead costs by ezamining the various pieces of the overhead and allocating each using a m~atre of the ~ beaRit it confro; or 2) Apply indirect and overhead costs based on the relationship of the program or dcpartment's budget to the total budget; or 3) Apply indire~ and overhead costs based on the relationship of the program or department's ialaries and wages budget (labor costs) to the total City budget for personnel In this cost allocation. plan we have felt that it would not be ¢u~reg, i~,~ to rely on only one of the methods. We needed to avoid potential distributive ls'oblems due to the City's dependence on contracted services to provide for major programs. Cons~uen~y, for some programs, such as Police and Fire Services, ~lioc~ng overheads on the basis of the Police or Fire services budget in proportion to the total City budFt would greatly overstate the City's administntive costs associated with these services. Therefore, in these instances we allocated overheads as accurately as possible based on a direct examination of administrative oversight and contract administration effort provided. Whenever appropriate, we used the third method (relationship of program budget's salaries and employee benefits to the City's total personnel budget). This permitt~ us to develop proportionate relationships which were used to allocate such expea~ as utilities, space occupancy costs, materials, etc. Cost Allocation Model The computer model uses Lotus 1-2-3, Version 3.1, and capm all costs associaxed wiffi each municipal service area. The model dIOCeseS direa and indizea overhead costs as well as any other support cost attributable to the service area smdiud. The mudel is flexible and allows a multiple step down approach for allocating costs between operational units and overhead departments. The results show the full costs (direct, indirect, and overheads) of services that directly affect the public. In perfarming the full cost allocation, we used the inventory of erAsting municipal services developed earlier. This inventory allowed us to distinguish which municipal functions were: (a) direct services to the public, (b) of a general government nature, and (c) of support to (a) and (b) . We note that several departments perform a mix of general government and direct service functions. The cost allocation model takes these variations into account. The cost nilocmrlon model is an intoactive model involving two computerized spread sheets. The results are depicted on two pages as tables. The first. page, titled "Indirect and Overhead Costs," represents all those ~ activities that are primarily leg~-dntive, 2dminiswative, and support services. The second page, titled "Public Sn~'ices/Pmgtanu," lq>f~,sc.qts all the City's direct public services to which indirect and ovethcad costs should be allocated in order to calculate their full cost. Key assumptions used in the cost allocation model arc as follows: 1) The Community Seavices District (CSD) was treated as a City department and figures throughout the cost allocation process. CSD's capital outlay was excluded from the CmiCnlafiOne. 2) Some cost allocation models exclude fixed assets. appropriate to facam: fixed assets as a cost element. fixed assets inventmy. In this instance, we believe it is Our source of data was the City's In accounting for the cost of acquimg fixed assets, we have amortized the cost of a fixed · asset over the es"m~ted service life of such an asset. Through this process, we have e,,%-Hm2ted t]Z mount of the tolal fixed assets costs which can be cxpensed over one Fiscal yesL We added a factor of 10% for anH,qlmnted staff growffi in order to produce a realistic mount to allOCate Citywide. This approach has minimized the higher than normal annual expen,lit-res incurrot by the City over the past 18 months due to 3) We' included personnel ndminim*ration in the City Manager's budget. We excluded contracts administration as a general administrative cost to be shared Citywide. This cost, estimated at $56,784, was allocated directly to the programs under contract. 4) 'We excluded the cashier activity as a general adminj.m-~ve cost to be shared Citywide. This cost, estimnted at $53,125, was allocated directly to the departments having the The City Attorney's costs were directly allocated to the benefiting program on the basis of an examination of billings received by the City from the legal firm. 6) We allocated Ntm-Depamnental costs, excluding fixed assets, on the basis of personnel costs relationships. Fixed assets expenditures are noted above. 7) We did not allocate the following budget~ expenditures, as we consider these costs not attributable to the lx. tfo. iancc of ~ public sezvices: $300,000 (City Council) $ 45,000 (non-departmental) Socia/-SerVices BusineSs Development COC cay o~Tememh. tba'C!mremmd Fern Sady ~ 10 8) We allocated indirect and overhead costs to the Public Works department on the basis of three programs: Engineering, Public Works, and Roads. In order to understand the tables and use of the computer manual, please refer to the Appendix. It contains the user's manual for the computer model. F. Temeeuh Co, n,m,nity Services District (TCSD) The Temecula Cornre_unity Services Di.mi"~ (TCSD) is responsible for providing fiu'ee functions: (a) recreation services; Co) park phvnlng and development; and (c) landscape services. The TCSD is governed by a Board of Dir~mn (City Council) and as such opentes as a subsidiary district of the City. Finnnclsdly, it operatgs as a special fund program with the attributes of an enterprise activity. In other words, the TCSD's operaling and capital outlay expenditures are funded by sources other than the City's General Fund, and is expected to be self-finanelng. A separate budget unit is prcpat~ for the TCSD. The TCSD, moreover, is an operation which has been fully integrated into the City structure, and from a practical standpoint, functions ~mii=,'ly to any other City department. In designing the cost allocation model, rig TCSD was txeal~ as a City department to which general City overhead and indirect costs are allocsted. This is due to the l,~£c~ual~e of citywide services by "overhead" departments to support TCSD's operatic. The mount ~ic,,!ate~l as indirect costs to the TCSD are, therefore, an ayyropxlate charge to be factored as an additional operating expense of the TCSD. The total of direct and indirect costs are the estimated TCSD's full cost of operation. General Governmont ,gqDport getvices. At the tn-esent time, however, the TCSD performs certain' services that have a citywide benefit. These services absorb approximately 2.0 labor years of TCSD personnel time to l/,df'o.u the following inks: a) Facility management supportive services for citywide sdministXaliOn (approximately 1.00 LY) b) AuWmotive maintenance support (si~:n'om~y 0.75 LY) c) A~,~essment administration for street sweeping and refuse and recycling (approximately 0.25 LY) The estimated direct cost of performing these services based on the 1991-92 budget is $83,815; and the estimated full cost, based on the cost allocation plan, is $163,963. We recommend that the cost of thes~ citywide benefit services be charged to the City's General Fund. The most practical way to do ~ is to annually calculate these expenditures and credit the costs of these services m the TCSD, thereby reducing the mount due the City's General Fund from the TCSD for general government support. Develolllme!!t l~ertm~ ,qlql~l~lort ,qe~ee~. In Ilddition to the above citywide support services, the TCSD is a lm'~citmnt in private development reviews brought to the Planning Department. The Cil~efTemecadktberCamalmamdFeesStadF staff of TCSD reviews Noposed residential subdivision projects for Quimby fees requirements, dedi_~tion ofpark lands, and hndsc'~ne phns. The TCSD staffalso checks proposed commercial developments wlute 1-ndsc~ped meOl-ns are to be included in the development. Further, TCSD personnel reviews proposed dedications to the City for maintenance of slopes, medians, open space, and street lights. The cost of these activities is absozbai by the TCSD. It is estimated that the direct cost is aypxo~imnrely $60,502.00, tgrpm,gating about 1.5 Labor Years of effort. Our ~ of these activilizs indicate that they, in part, serve the development process and may, rhea, fore, be an al~toF, iale charge to developers. Consequen~y, we recommend We ..~a~soo~mmend that the City consider establi~ing a planning fee to recover all or a ConeJn~ion~. 'We have re~ommetlded that ~ ~ ~ve ~t m ~e TCSD br ~vi~ i~ s~f ~e ~ ~~ ~ ~ ~ ~ ~D ~~ ~ $1~,317.~. PI~ ~ m ~bit 3 for d~. G. Td~.e,,i- RedevelopsMat Agency (TRA) - Admini.en~ve expenses and overhead. The Temecuh Redevelopmerit Agency (TRA) is empowered under state hw to incur loans, advances and other indebtedness in carrying out the r~d__evelopment plan. The TRA may also receive property tax increments providing it files an annual Statement of Indebtedness. In August 1991, the TRA established debt by receiving 'an advance of approximately $2,075,000 from the City of Temecula. Further the TRA has established an Agency Administrative Fund which my be used to defray ad~;e expenses. An agrm-nent between the City of Temecula and the TRA authofit~ the City Manager/Executive Director of the Agency to make City officen and employees available to the Agency, and to compensate the City for such use. The Agxeeax,,.-nt es,im~tes the costs for administrative expenses and overhead of the TRA to be $75,000 per year. As a pan of our review of full program cost we es.n~nted the cost of adminiswative expenses and overhead which will be provided to the TRA by the City for 1991-92. The mount is $112,515.00. The calculation conservatively assumed that approximately 30 pertent of the City Council's City Manager's and City Clerk's time were devoted to the work of the TRA. For additional ~s', please refer to Exhibit 2. ~it3'ofTUUm'Chm. gmadFemSmd7 III. DEP'~_.LOPM'E~ OF P'~E ~Ctl'~D~ FOR FUI. L CO,~T RECOVERY Developanent of Fee Schedule for Fun Cost Recovery The City of Temecula has implemented a sysmn of fees and charges since incorporation in 1989 and has periodically expanded their application. Fees and charges are an important source of revenue to the City, particularly for services ~,~x-isted with the development process (Planning, Public Works En~in~, and Building and Safety). During FY 1990-91, actual user fees and charges produced $6,278,190.00, or about 42% of total City revenues. Budgeted for FY 1991-92 is a projected amount of $3,394,400.00 which represents about 28 % of total City revenues, Even though the economic recession is affecting user fees and charges revenue levels, it will still be a major source of m,J~nlrilrml income. In the City of Temec,,!~, we find that it is diffic~dt. ff not impossible at this time, to reliably calculate the adequacy of a user fee or charge to zecover the costs of the service. This is due, in large pan, to the "youth" of the City which does not have hi~oricnl data on workload which 'can help establish trends and forecast future activity levels. In addition, paying for private contractual services which pufox,u a major segment of the development review process, through the retention of a fixed portion of the City's user fees'and charges v, acted from developers and individuals, handicaps the development of workload and rafting r~iationships. As the City gradually assumes the performance of all of its development xeview process in-house, the data base on which to plan for expenditures and recovery of those costs will greatly improve. B. Comparison of User Fees and CharZes We made a compazison of The City's user fees and charges with three neighboring cities: Peruis, Moreno Valley, and Carlsbad. Please refer to the Appendix to view this table. The table also depicts proposed fee schedule changes to achieve full cost recovery for selected services and new proposed fees and charges. The following section fully explains the rationale for these recommendations. 'CiW,rTemmda, UmrC3,mgm---,FmSa,dy lama IV. FINDINGS AND IMPACT OF RECOMMENDATIONS F'mdings and Impact of Recommendations A. Introduction One die major issues encountn-ed and dlsCvSSo6 by City Administrators is the *legitimacy" of fees and charges as sources of revenues for public },rogxdaus. California governments have experienced an evolutionary proceu toward more fees and charges for public services due to two important forces: first, constitutions/lax zevenue and expenditm'e limits; and second, the public desire for charging public services directly to those who benefiL There are other contributing factors which give impetus to raising of fees and chaxges which hclude economic necessity, supplemenutry sources of funds to make possible the fhifiliment of public actvice obligations, policy consistency, and Atl m,,nicipslities and counties have come to rely on fees and charges to finance portions of their services. This study addresses this humingly important source of revenue for the City of Temec-ln- Our approach was to detemine what City services should be financed, in whole or in pan, by fees and charges. A symnn of fees and charges must, on one hand, supplement other sources available to fund some services while on the other hand; be the sole source of funding for other services. In both cases, the genenl benefit of the City's sen, ices made possible through fees and charges shotrid exceed any detriment imposed by the fees themselves, and the collections must bc practical. All proposed fees and charges for use by the City must be approved by the City Coundt. B. Rationale for Fees and Charges h has been generally accepted that basic revenues .reCeived from the general public should not subsidize specific services provided to relatively few'individuals or groups of a private character. Therefore, those who benefit to the ezclusion of others would pay something extra or the full cost for the privileges enjoyed. Through the development and proper use of ayp, op, late standards, a more effective revenue operation will result. This genera/objective was assisted by our application of a common classification system to identify mumapal services which should be funded by user fees and charges. This was done by creating three broad categories: Category I - Fees which may be full cost recovery Category H - Fees which may be less than full cost recovery Category ]]I - Fees which may be more than full cost recovery By applying these broad categories, we developed a matrix profiling the major type of user fees and city ortmmsk, Um'Ckamsmd Fee Study Pqe 34 chazges CTable 2). Refczring to ~ matrix can assist in the development of policy guidelines m define the level of cost recovery the City believes approp~ and be informed of the current practice of other public C. Criteria for OelerminlqI Reeovt, y Levd daetminhg hich fees should be more than, less than, or equal to 100 percent full cost recovery. Broadly speaking, those fees and cim'ges that should be equal to 100 percent full cost recovery are those that are for City activities which ate of a private chanctgr and have a direct benefit to individuals or groups. Such activities involve the development process, cezlain rec~afion~ programs, most regulamry peamits, 'sale of documents, and special services such as police parade Fees and charges which may be less than 100 percent full cost fewvery are those which apply to City activilies having a general publi~ benefit, as well as direct value to individuals or groups. Such ac~vifies my incb,ae the sde of ]mblic-fi~s, zegteafional fac41iti,*s usage promoting tespec[ for · activity and/or service, chazghg of full cost ends to tes~ct laatdc~l~t~on b~'those unab~ to pay for tbcovez~e and where a fee wi]/expand activities for all poople, with the least possible cost Charging in excess of lO0-full cost zewvety is usually limited in scope and typically applies to police enforced regulamry permits. In these cases, the fees are greater than the full cost in an attempt to recover potential enforcement costs. This category includes massage parlor peruits, cardroom fees, etc. The evaluation of the adequacy of a fee involves a~seeelng how the amount charged covers the cost of performing the tasks that wnslitute the "total service cost." In particular, how do the number of planned service units (requests for permits, plan checks, etc.) interact with service costs to determine the workload level that can be handled and price necespry to cover all costs? One issue is how price is affected and whether there ate feedbr. cir effects between fees and the number of service requests. If decreasing requests for services increase service costs (due to fixed costs and narrower spread of costs among service requests), then what mechanisms will be used to bring back service costs in line with fees charged? Computation of Amount to be Charged The fees and charges are determined on the basis of the actual cot of rendering the service. cost (ful/cost recovery) is the stun of: Ctiy ofTBeak UmrCkflmmd Fm Study hie iS (1) Direct operating expenses (salaries and benefits of employees performing the service, materob and supplies used in the operation, and authorization of facilities and equipment purchased to perform the sexyice); Indirect expenses (the pro-rated share of departmental and divisional administration and supervision costs - c~}c~,}=te~ similarly to direct opetathg expenses) and (3) General City ovexhead (the Im>-mmd share of costs n~soci~ed with the Citywide adwin!~a'ative and suppert functions such as City Council, City ManaEe~, Departments of The calculate full con of the service is then divided by the anticipated number of items of activity which have been.selected for cost fewvery. (For e~s,,nple, the number of building permits, applications prtre~sed, inspectiolB prafoxmed, etc.) ]~Listoxic~ data combined with social and economic forecasts form the basis for eVlmsfing future workload and the number of cost recoverable items that will be pc~foxd~ed. A permit ~ is computed and becomes the service charge or user fee. F. Current Woi-kioad InFormation Histori~ workload dam is incomplete and limited because the City of Temeeula has been operations/for ayFroximately 18 months. In addition, the national economy during this period has declined stmiily and private development activity throughout the region has also declined. The available workload dam is therefore not only limited historically, but also unchamaefistic of a normal economy. This situation handicaps our ability to gauge with accuracy the workload levels and associated revenues in those service areas where full cost recovery should occur. Full Cost Recovery of Development Process The City has adopted a system of development fees to recover the costs associated with private development activity. The schedule of fees originsted primarily with Riverside County and is generally consistent with sh~i!~r feel aharged by neighboring Cities. The Matrix Chart, titled City of Temecula, City Comparison of User Fees and Charges, comyar~ the fees for the Cities of Temecula, Perth, Moreno Valley, and C, arisbad. While it is not possible to compare fee for fee exactly, it can be observed from the Table that substantial similarity exists. This, of course, is not accidental Public agencies, on one hand, are conscious of their neighbors' policies and practices and tend to act s~ilarly; on the other hand, the private seaor closely monitors governmental actions and is quick to point out wheze ,~gni~c~nt ~r~cie~ exist. In addition to this behavior, ther~ is the desire of local governments, though not always well articulated, to enact revenue programs that are as economically neutral as possible. Many cities, as pan of the budget formulation process adopt comprehensive packages of fee increases and new fees. Some cities have also implem~ted through user fees and charges City Council policies requL,-hg that basic revenues received from the general public should not subsidize specific services provided to relatively few individuals or groups. The development proce~ is a major area of public services which lends itself well to the principle thax those are a~dvities for which user fees and charges should recover the full cost. Practices of most local governments in California reflect that principle. The three departments prim~,-aly respon~ble for servicing the development process are: Building and Safety, Planning (Current), and Public Works (Fn~nee-ing). The cost allocation model we developed gathered the full cost of these activities. Current user fees and charges of the City indicaxe a desire to achieve full cost recovery to the extent possible. Our analysis of the costs and associated revenues of these departments n-~eumed a full cost recovery goal for all development The methodology used in determining the :_~,~,_~ of the user fees and charges level to recover full costs consisted of deducting the actual user fees and charges revenue attributable to that service activity from the compa;.ted full con of these activities. The methodology used in deemining proposed user fee and charge levels consisted of examining all the activities which produced revenues for the sin'vice area, detcfminhg which were the principal conu'ibutozs, and ~.m,mirq, that the l)~incipal contributon would continue to be so in the future. Next, using the developrotor ~areu~ developed by 3MA, we projected user fees and charges revenue for FY 1992-93 based on current user fee and chazge levels. We adjusted the full costs of services based on a CPI increase of 4.5 %. In order to cakndaw user fcc and charges to the level necessary to achieve full cost zecovery, we mathematically increased the principal revenue producing activities. The full cost recovery adequacy analysis for each department is discussed in the following sections. For additional details please refer to the Appendix. DeD°rtment of R. fidin~ and Refery The department is budgeted this fiscal year to achieve a cost recovery of about 86%. This is based on a full service cost of about $1,275,640 for FY 1991-92, and projected revenues of $1,100,000 from user fees and charges. As can be observod from the accompanying cost recovery analysis summary, the department depends on three principal services for 99% of its program revenue. Conclusions. Using 3lV[A's development forecast averaging about 21% growth residential development and 14.5 % in non-resident~nl development over the next five years, we conclude as follows: · The delm'unent is stuffed with City employees who can respond to the demands of an additional workload without incurzing sig, ific~nt higher operating costs. In other words, it can be c. xl, c~tcd that a portion of the projected additional workload can be absorbed by e~i~ng staff. City of Tm User C31arles amid Fees Seedy Pale * The current fee levels axe essentially the .same as are found in other nearby jurisdictions _bcc~__u.~ they axe drawn primarily from the Univeml Building Code Fee Schedules. Most California juriatietio~ have adoptt~ the~ fees. Propomg major changes in those fees would likely produce substantial political pressure not m do su. · A diffezeat mix of a~liviti~ soulel produce a larger mount of revenue. · Projecting FY 1992-93 user fee and charge revenues using JMA's development forecast produces the following: Full service cost es~imn~e Remaining City So~: $1,333,044 <1.995.?q0 > $ 37,794 Cost recovery is about 97.2%. (This analysis does not account for curr~t economic conditions.) Recommendations. That the Ci~ of Temecula: 1) Monitor u~er fee and charge revenues of the Department of Building and Safety; 2) Take no action at this time to adjust the level of user fees and charges for the Department of Building and Safety; and 3) Gather workload data for the purpose of identifying the type and frequency of key d~mi activities so that year-to=year soml~ri,~ons may be made with user fee and charge revenues for work pinnnltlg and budget purposu. Dqpnrtment of l~,bllc Workq -gnt, imring The department is budgeted to achieve a cost recovery for engineezing services of about 104.896. This is based on a full service cost of about $1,877,102 for FY 1991-92, and projected zrfenues of $1,100,000 from user fees and charges. Currently, the department sontracts out a major portion of their work to an eqgjneering consultant who mains 75 9~ of the user fees and charges levied by the City for the various development ~ services provided. Thenfoze, we also calculated on a net City cost basis the cost recovery performance of the dopamnent. This additional calculation showed a cost recovery of about 123 Conelusion~. Using JMA's development forecast noted earlier, we conclude as follows: · ff th~ department continues to rely heavily on an engir, e,,ring consultant for engineering sendoes related to the development procesi, the City will continue to perform at least at a full service cost recovery level, and most likely above that level. ff the City determines that the department should employ its own staff for engineering services related to the development ~, it will be nec~,~s~ry to re-examine full servic~ ~ aTemem~ UmrbmdFe. Stud7 · With the oui.e,nnce of the engineering consultant, we made a test of randomly selecte, pmjectn to detn-mine if the depaztmemt's full service costs would be recovered by the ~ present user fees and charges. The results presented in Table 3, were inconclusive. We are rr,=lrlng another test of selected projects which will be presented separately. · Projecthg FY 1992-93 user fee and cha~e revenues a~ current rates using JMA's development foreu~ produces the following: Full service cost estimate User fee and char~es revenue e~irnate Revenue Surplus: $ 1,961,572 <?.317.390 > $ 355,748 Cost recovery is about 11896. fibis analysis does not account for current economic comfitkm.) RecommPndadons: That the City of Temea, i,: 1) Conduct a der,,iled cost of service analysis of selected engineering activities to establish a b~eHine d actual costs for adjusting user fees and charges. This is an essential step prior to the City's establi-~ime,xt of its in-house engjneering review capability; 2) Monitor user fee and charge revenues of the Pub/ic Works Department - Engineering; 3) Take no action at this time to adjust the level of user fees and charges for the Department of Public Work~- ]:ngjneerirlE; and 4) Develop and gather workload data for the purpose of identifying the type and frequency of key depamnenud activities so that year-to-year compazisons may be made with user fee and charge revenues for work phnning and budget purposes. The dcparunent has a contract with an outside planning consulting group to assist in its activities for FY 1991-92. It is estimated that about 75 % of the contracted planning services are to support cttrrent planning activities. However, the department is moving away from outside assistance This resulted in a full service cost of about S589,138 and estimated revenues of $359,473 for FY Some public agencies seek to recover the full cost of these services. Other public agencies, however, do not attempt to recover the full cost. They instead, strive to recover most of the ~y tiTramada. UMrCammm md Fm .Sandy costs, assuming that there is general public benefits to be gained from current planning activities. This portion tends to vary between 75 and 85 ~ of full t~z'vice costs. Conclusions. We conclude as follows: · Current planning tts~ fee and charge R, venues are lower than would be expeaed given the cutm~t rat~. This is based on the con~rison of the City's planning fees with three other nearby cities (Moreno Valley, Petris, and C~,rl-~b~,d). The rates adopted by the City of Temecula are in line wiffi the user fees and charges of these cities. Foumm major r~,mue accounts Imxiuced B.6% of all revenues for FY 1990-91. For the curr~t fiRal y~ar (19~1-r2), only six ~ ~.t, ni~c~nL (This may be due to current economic conditions.) nee~,,se the City is new, it is likely that the full range of current planning activities one would ca'pea to obaea~te in an older community is not yet occumng m Temecula. Consequently, the full potential of revenues from current planning activities may not have fully developed, accounting far the lower revenue level. Current economic conditions may affect the revenue level, but we note that we used prior year dam. Consequen~y, we have to conclude that it would be appropmte to increase planning fees · Projecting FY 1992-93 user fee and charge revenues at current raW. s using J'MA's development forecast produces the fortowing: Full service cost esfimnte User fee and charges revenue estimat~ Remaining City costs: $ 615,649 <423.356 > $192,293 Cost recovery is about 68.8%. Cfhis analysis does not count for cun'ent economic conditions.) · Striving for full service cost recovery at this time, through a :ate increase of about 30% over current user fees and charges, my .result in over achie~g the 100% goal. This is due to the increase to be expect~ in planning activities as the economy recovers and the dcpamnent does not make significant staff increases; rather, the department would absorb all or pan of the future workload increase. Further, as the City matures, a broader range of planning activities should be expected, thereby increasing ovcrall revenues. Recommendatiom. That the City of Temecula: 1) Develop and gather workload measures for the purpose of identifying the type and frequency of key detaintotal activities so that year-to-year comparisons my be made of usa' fee and charge revenues for work planning and budgeting. c~ d't~,mla, tim'Chs~=md Fm ~ h~ae 2) Develop a plan to gradually phase in an augmentation of current planning user fee and charge rates to achieve 9096 full cost recovery. Such a plan should be based on a detailed cost of service analysis of selected services. 3) Conduct a desfi~ cost of service analysis of selected current pln-uing activities w establish a k,---wise of actual costs for adjusting user fees and charges. This is an essential step if it is the City's desire m addeve full service cost recovery (10096). ]}i-..,,eeion of R-,,n- .....'maotione. It is ~ that the City desires to avoid a sudden increase in C~t pistoniRK user fees add cha~es. ]~s~ shock is freque~/~y cotmterproductive, particularly when a new city las a great deal at sudz in promoting orderly development. A phased approach softens the impact on the development community and individuals. A phased approach to incr~m_,se cuu'eut raim to achieve an 9096 cog recovery over three years would require an annual adjustmint as follows: Year 1 + 596 Year2 + 896' Year3 + 896 The lack of historical experience on which to confn-m that planning fee rates are too low, plus current poor economic conditions strongly support the recommendation for a detailed cost of service analysis. However, if the City desires to achieve full cost recovery (10096), the phasing in period Year 1 + 796 Year2 H- 896 Year3 + 896 Year4 + 896 The mounts shown in the Matrix Chart: City of Temecula - City Comparison of User Fees and Charges (Appendix) are to achieve 9096 service cost recovery. We recommend less than full cost recovery because curtrot plmmning fees wottld very llkeJy be OUt Of line with other neighboring communities and renewed development activity (after the current recession is over) will generate Developturret Proess The preceding sections have discre,tamed individually the three departments principally involved in the development process. We felt it would be useful to ex,umine the three deparunents together as combined elements of the City's development lmxz~. Therefore, we aggregated the full service costs and revenues from service fees and charges. The fol/owing table, bascd on the 1991-92 City orTamtmh, Ueer Charam md Fern Said7 hp21 Department/Service Building and Safety Public Works/F, nginecrmg Planning/Current Planning Total Full Cost Revenue % Cost Recovery 1,275,640 $1,100,000 86 1,877,102 1,968,000 105 589.138 359.473 61 3,741,880 $ 3,427,473 92 As can be seen from the above table, the City's combined revenue performance is 92 % of full costs. Development services involve all three detmtments and it is a normal expectation that developers and individuals will require services from all three as well. On this basis, the City may want to consider the establishment of a Development Process Program Enterprise Fund. This would consist of' combining the development process functions inw a self-financing program. User fees and charges would be the source of revenue and would be adjusted as needed to achieve full service cost recovery. The development process proflare would be expected to expand and contract, depending on the service demands of the community. In addition, during periods of high activity, a fund reserve could be established to offset revenue decreases during drops in temporary business. This would allow not having to make staff reductions and thereby deplete the program of skilled IP--rsonnel needed when activity rises again. It is the combination of the user fees and cha~es levied within the total program that forms the basis for cost recovery. This allows a more level overall revenue program because of the sequential character of revenue generation and collect as. projects move from planning to implementation. Recommendation. That the City of Temecula: 1) Evaluate the creation of a Development Process Program Entetpzise Fund; and 2) If the City concludes it is feasible, to conduct an organizational study for its implementation. Dir, cussion of Recomm,mdmtiora. We eltecl some of the advantages for the creation of an entczprisc fund. This would also allow for simplifying the revenue correction program and potentially consolidate public counter and inquh'y activities. We do not believe the overall orgapir~tional structure of the involved departments need to be much affected. Cif3'dTemand~BmrbmdFemStu~ V. T~4__~r~S, APPENDIX, AND EXHIBITS TabLe 1 - List of Existing Services and User Fees and Chsrges Revenue Accounts CITY COUNCIL Acct. Ih 1. GENERAL GOVERNNENT SERVICES LegisLative policy to City - - LegisLative policy To Itedeveloimssnt - Agency - LegisLative policy to CSD * 2. DIRECT PLILIC SERVICES n/s ). SUPP(IT SERVICES n/s DescrilXioe City CounciL revenue subToTaL: pegelof11 FY 1~0-fl ActusLs 0 Tabte 1 - List of Existing Service and User Fees md Clerics limes AmunTs CITY HAllAiR DEPARTNEST 1. G~NERAL GOVERNliT S~RVIC~S A. !nformBtian Systems: - n/e B. PersonneL: - n/i C. Centtiers AdBinistrstJen: Cjty Attolmey D. Program admintltretien RecleveLolmnmt Agency Strategic pianning City maministrmtJen - Interg~ven, intai relations - Disaster prqmerednels - Ecenmic deveiqxant pr~rmB 2. DIRECT PUIL]C SERVICES A. Informtim SysTIII: n/a B. Persennei: n/s C. Centrects AdBinistrstien: - CabLe taLerelish - Masts Wet - Petfee services · - Fire services Animat centrot D. Prggram edministretien n/e nlqmnUl A~imTl: ACCt. I: &0118 &0131 hscriptim Ctty l4enegerDept revenue subtotets: pegs 2 of 11 FY1WO-~ ~t~ts " 16, 13~, /,71,88A 7,000 2,390 3,500 2,610 503,517 3.A. Informtim Systems: City-aide into Systems coordination B. PersonneL: - Benefits 8dministretion - Rlcruj tet Training CtassificatimVcmation EmpLoyee refitfoe EmpLoyee motiveti~n/discipt C. Contracts Administration: n/e D. Prqrm Idminjltroti~n n/e C.~ otTemecu~ Urn. bind Fern Smdr l'qe24 TabLe 1 - List of Existing Services and User Fees and Charges levefvje Accmmts CITY CLERK DEPARTIENT 1. GENERAL GO VEIIIHENT SERVICES - Cma~ct t supl~ort - ELection eaninistration LegisLative deveLopant HistoricaL searches Records manageneat Official meeting sulDport Z. DIRECT PLIBL]C SERVICES PubLic information Reception service LegisLative deveLopemit HistoricaL seam SUPPORT SERVICES Copy carltar Historical and doctmmlt searches REVENUE ACCOUNTS: Acct. #: Description &O500 HieeeL Lmaeus &0503 Ulttden copies leLe e/Ageride packets HlltortceL/i)ocuaent research Official mating IMO talue raySees page 3 of 11 FY 1990-91 ActuaLs 125 &, City CLerk revenue subtotaLs: ~ eftmade. t~rCkmu md Fee SmdF Peo2S Table 1 - List of Existing Service end User Fees and Charges leveeue Acemats FINANCE DEPARTRENT 1. GENERAL GOVERIIIENTAL GERVICE$ Accmmts payable Accounts receivable Business tim Budget deveLopaent/administratien - Finnuclei operation everSite - Fund administration/investmentS - Fixed assets inventory ~wg nt Z. DIRECT PUBLIC SERViI:F.S Cashier Fee and user charge colLectin 3. $t~F~iT SERVICES Payret t - Purchasing - Risk .manseanent - Revenue coLLection (1) Finance Depmrtxmnt revenue moteL: (1) ALL 6erierat Fuqd revenues coLLected by the City pursuant to Land devetoment, Mines ecttytty, etc,, ere coLLected by this Deerlt, ~Y of'Temecade, LberCbarJm aid Fern SeEdy PEpH TabLe 1 - List of Existing Services end User Fees end Charges levenue Acco~flt; NON-DEPARTNENTAL 1. GENERAL GOVERleIEIITAL SERVICES n/a DIRECT PUBLIC $ERVZCES n/a SUPPOet SERVICES UtiLities Postage Cmnnjnications Office supplies Feci LitLos Lease/rentaLs Information eyetins IDaBe 5 of 11 REVENUE AFt. aNTS: Acct. I: FT Delcriptien Actasks llen-departmentaL revenue subtotaLs: 0 PLAIIING DEPARTI~Irr 1. GENERAL GOVERNlIT IERVII2S A. Current PLanninG: PLanning Camisaiah support CiTy Cmmc~L B.. Advanced PLanning: General PLan pregaration/adoptton ' General PLan ' Inter jurisdictionaL coordination RegionaL grMh--nag DeveLopment coordinating comalife 2. DIRECT PtlLZC SERViCeS A. Current PLanning: - Public counter assistance - RaYiN cll~eLogmmlt I:rai:meeLe - Process deveLqmM~t IM~aIL8 EnvirmMntei revises Permit revise and iBmsince B. Advertcad PimTiing: n/e 3. SUPPOinT SEllVICES A. Currant Pieruing: ' n/e B. Advertcad PLanning: Tale I - List of Existing Services and User Fees and Chew Revenue Actmalts a ACCOLIT8: Acct. #: Descriptlan &6101 &6102 &6103 &610& 4,6105 &6106 &6107 &6108 46109 &6110 46111 &6112 &6113 &611& 46115 &6116 4,6117 4.6118 /,6119 &6121 &6131 &6139 &61&.1 &61&3 &61iS 441&7 a~ISO &6151 ~6152 &6155 &6157 Minded final mp ARMeLI Certificate of Land div compliance Extension of Single family treats Haiti -fmi ty treats Parcel maps Lot Line adjmmmt Ninor change Parcel merger C2-&) Lets Recordable mdxfivision cam lieversion to earsage leetat service contrast kcend mice Jareel Changeof zene Cmlditionat use permit Consistency checks General plan. PLot plan Public use Jamit levisad Permit SeU.8~k adjusl:m~ Igmcific plan Substantial I:onforImnce Teaporary outdoor event Tml~rary ale Jamit Variance Zenjng Jnformtten Letter CIGA (initial studies) CIOA enviremmt ialact report Devetcamnt ngrement Geotor/C~QA LAFCO Parcel mmp/umivwr Merger Amended fineL tractlJarcet amp Certificate of correction Condo treat cap Reversion to earsage Lot raYalien after check Lot Line adjtmtment plan check Certificate of correctjan plan check Certificate of compLtm plan check Cond cart of cempLtance plan check Certificate of PAl merger plan check Vscattm8 plan check Docualnt procelsing Condeamttan plan check ileverlian to earsage plan check Parcel map plan check Treat BIp plan check Amended map plan check 6th & subs mittel Dreinmge study raylay Improve inapectian on-site Day egr.s '~t application fees Ptmnning DeFmrlamnt re subtotal: jage6of11 FY 1990-91 Actumts 0 0 6,729 12,536 Z3,293 )5,550 8,112 1 ,)53 0 0 0 0 0 8,422 8,950 15,ZZ3 0 10,281 0 9,25~ 1,614 0 3,393 0 27,591 0 0 0 0 0 0 0 0 14,627 0 0 0 0 1,24& 0 0 0 0 0 0 0 0 0 0 0 0 0 3,219 4,000 City or Tmm3dk Uar CM,m ami Fm SmdF 1abLe 1 - List of Existing Services and User Fees an~ Charges Itev. nue Accosts BUILDING AND SAFETY DEPAliTI4~NT IEVEIIE AC~OUIIT$: I. GENERAL GOVERNNENT SERVICES A~t. l: A. BuiLding ]mpection & Peaits: - B. Cacle Enforcment: DIRECT PUBLIC SERVICES A. Bui Lding !nstxction & Pareits: BuiLding inspection PLan check proceuing (contract) Permit issuance B. Code Enforcement: - Sign matmerit Alandormd vehicle Zoning violation Substandard housing PubLic nuisance 3. SUPPORT SERVICES A. BuiLding ]nslxction & Peaits: n/a B. Code Enforcement: - ~a 4~200 44~01 44216 44219 &6~B5 DescriDtion in house plan chesk PAre check ESGIL CanditimlL me pemtt PLo~ Dim PubLic me permit Tmorary use permit Variance filed atone PLan check lulLcling permit BuiLding & Safety Oept reveme moraL: page 7 of 11 FY 1990-91 Actants &1,56A 0 252 O O 216,716 ?69, 1,088,11~ PUBLIC idORKS DEPARTlINT 1. GENERAL GOVERNMENT SEllVICES A. OlxrmtiH: Traffic analysis Cm -. Traffic engineering l. Engineerda9 - Capital ie, rov e~,~ta - Inspection of pubLic projects InterdepartmentaL coordination Z. DIRECT PUBLIC SERVICES A. Operations: Drainage maintenance -Signing end striping Street maintltlnce B. Engineering DeveLopneat raYfad Fermi t revi ew and i nuance PLan check PubLic inquiry response 3. aLPPORT SEllViCES A. Operations: · * ' n/a 6. Engineering n/a TabLe 1 - List of Existing Services and User Fees end argo lieverona Actmats lEVIIll aTl: AccT. #: Description - &(DOS - 4~101 4~302 - &431D 4430& - &4305 - &d30~ - &gOT - Q -; ~10 ~11 ~12 ~13 ~15 - ~16 - ~ ~0 ~5 ~9 ~0 ~3 ~5 ~7 ~9 ~52 ~5 ~8 ~59 ~7 YieLds aduilmmnt met banded fiat asp AFIMLo Certificate of Land Oiv Cmapttance EXertion of tim lingto family tracts Nuttt-foal ty tracts Lot Line adjustsant niner chamee Parest merger (2-4 tots) RecordabLe subdivision Reversion to acreage (~ tats) ksciet 8errice tatter Traffic signing & striping CoMaLioneL use persit Coalinfancy chicks General peon' .' PLot ptm PubLic use persit levis pemtt. Setback adjuetmnt IpecJfic plan lubetantJet conromance Tmlarary mmtoor event Temporary use permit Vatira Zoning informtim teeter CEOA (initial 8tMdica) CEOA envtrordmnt tqact report Develoimlent agrelBent beLogy CEOA GeoLogy OlD 5&7 APZ LAFCO Parcat Waiver Amendid final troct/IMrceL aep Certificate of correction Condo tract map Waversinn to acreage Lot revision after check Lot t the abjusmont plan check Certificate of correction peon check Certificate of'compLiance peon check Cond cart of ceepttance plan check Certificate of pAR aerger plan check VacatJonl plan check Docuaerlt procesljng Condeanetton plan check RevePlien to acreage plan check Parcel mp plan check Tract mp plan check Ammlncl mp plan check &th & sulm mittat FENA study revima LONA reviad OraineOe study rmrjev Traffic otudy mime ]4 .'o~ ~t plan chm on-site I. zo~ sat plan chec~ off-site I & .-c~. nt ptan revision Grading plan cheek 1-Let reidant Grading plan check far PPo CUP, PUP StockpiLe plan check Ilaulh grading plan check subdivision Precise grading plan check subdivision Grading plan revision I , ,-or, At inspectten off-site/on-site X)O( - I ,-~.v- ~( inspection off-site ;age 8 of 11 FY 1990-91 Attunes 1 ,ZOO 200,000 973 600 10,986 14,312 0 0 0 0 28 3,583 1,855 0 0 31,162 1,183 3,001 20 0 40 0 337 1,74~ 0 0 0 0 0 0 0 0 2,525 1,774 0 0 0 0 0 0 0 2,232 200 0 9,0K 71,196 0 1,535 0 0 5,321 193,490 1,99&,269 19,:$25 38,901 1,273,036 60,738 ~ orTanecea, L~erC:harSmMd Fern Smd~ Paean IqJBLZC k~:)ltlC$ DEPARTNENT--Continueci TabLe 1 - List of Exiatir~ Services and User Fees end Charges levef~e Accolmts IEVENLE A~MJNTS: Acct. #: hscripttan &d372 Ireugh grading inspectlea 4~373 XXXX /~37& hill te~ting, mr Lot 44375 hi LI testing, retell 44377 lieot permit &6378 Irading pePlit 4i380 Other pemjU &4381 Ipecilt dtlt alapiicatiens IpecleL fees ~Lan dleck lulLding pemit Encrau~k~nZ C' . ;chit-ire Trmmport PLEa Pubttc VorksOept revenue lubtotlt: page 9 of 11 FY 1990-91 Actvats 8,&53 577 0 0 0 0 11 510 O 0 0 0 0 106,707 17,9~ ~ of'Temacd~ Uom'(2tml~aad Fm SeNb, 1t11031 TabLe 1 - List of Existing Services and User Fees and Charges layarea Actors C0111JNITY SERVICES DISTRICT 1. GENERAL GOVERNNEIIT SERVICES A. Lace 14mintsfleece: B. Park PLanning & Oevetclpalnt: n/a C, Recreation Servicll: n/s 2, DIRECT PUBLIC SERVICE A, Lmmscape leaintm: - Park ueintmance - Nedjan/sLope metroe B, Perk PLanning & DeveLoiment: Park acquisition Park developlent Assessment administration C. Recreation Service: Youth and adult services Special events - Senior and volunteer earvices 3. SUPPORT SERVICES : A. Landscam hintms n/a B. Perk PLanning & DaveLament: C. Recreation Services: n/a page 10 of 11 RMIJE ACCOLITI: FY 1990-91 MeT. ts Description ACTaLl &gOOS Blue prints 1,125 &gO06 Nuttt -~amt ty tracts 355 - 4~07 Parcel m 3,905 - 48e09 Mats - &gO20 PubLic use permits - 69023 Ipecffic pin 0 - &9101 lemy and me 200 - 4~lOZ darterclue 0 - 4Slim OlmmEtic~ 9l~ - &910& Is&teL & tm · 4~105 ItstiEd lira - &elli Creative painting 2~0 - 4~107 Matt tag 0 - &91o8 ktf clefera 175 - &9109 ire dimleg 0 - 49110 kmer daycam 20,115 - 69111 lele Leesam 6,350 - &rllZ Teats Lesstens 0 &9113 Ore factory 0 &911& Sports clinic 125 &9115 braEin ' 0 &9116 Photngraphy 0 &9117 Dee abedfence · &9118 I1mMting 1,000 &9119 IMic hormmmmhip.& riding temm 1,810 - &91ZO Teen club 0 - &9121 Pmer ueche - &9122 kton 0 - &9123 Drt t t tam 0 - 49124 Gui tar 0 - &9125 Cettigr'lNDhy - 691~ Nmmy. "me ~nZ 25 491Z/ Setf-t ~cv~ fit O 49128 GUt tting O 491Z9 Cooking O &9130 T-shirt art 0 48203 CofYcributtans for vaLemine bout /,9301 Youth lasketlatt 0 69302 Youth fin Meter 0 693Q3 Yeuth s:-~r O &931)& Youth b~t L O &930S Nee softluLL 11,285 &9306 Imam softbeLl 0 &9307 Coed 8ofttaLL 5,127 &9308 Coed vat Lay bet L O &9309 Nee beaksteaL L O &9310 Imam basketbaLL 0 &F511 Nee flag foot2aLL 0 &9~12 Adult mr 0 &9501 So/t tear ~0 &9S02 Teen fair 0 4~ iklt tour 0 4~04 latLoen and wine O 4gSOS Arts ruerivaL 4~06 Senter dencue O 49507 Sisclef trila 1,224 49508 CuLturaL events 0 49509 lingo O 49510 Hat Loaeen 0 49511 Eueter ell 450 49512 knta photo 0 49513 Same phene 0 49514 Nagic ammtatn 14 49515 Knotts larry Fern 0 &6T/I) Landscape plan check 0 &6371 Lf~~ ~ffm inspection O ~ ~ MOtif: Ci~ ofTmac,k, T~rCbazpaed FmSmiZ hie32 FEE AND USER CHARGE REVENUE ACCOUNTS HUE ACCOUNTS: Acct, #: Descriptio~ 60110 Property tax-secured /.0112 Pro arty tax-keeecured &011/* Sul~Lwnentet tax /.0115 Tax incrwne~t ~011~ Proarty transfer tax /.0120 Tramie~! Occ~-~cy- tax 40122 Interest & peaLtin 40124 SaLes & use tax /.0126- Cigarette tax /*01:~8 itomeo~ner property tax relief /*OZOO Off-road vehicle in Lieu /*0202 Notor vehicle in Lieu /*0204 VehicLe cede fines /.0301 Contributiens 40302 Tipping fees /*050~ Recovery 40i)0 Investment tn~erest A0700 Gas Tax 21(~ ~,0701 Gas Tax 2105 40702 Gas Zax 2107 /*070~ Gas Tax 2107.5 4070~ Measure /,0708 Local transportation: 40800 Comaunity Dev ILock Grsnt /.2100 Reimbursements /.2102 lieiBbursements fre- CSO /.2122 Reimbursesants free Sheriff /*Z17.,3 ReildmJrlltl ffal/VUI) /.21)0 Reiaaurseaents tree k/i t Lden A7.500 Operating transfer /.9001 Camunity service 8ssesmmnts /*9002 Zone A essesmaents /*9003 Zone B essesmnents Ilmle 11 of 11 FY 1990-91 Actuate 905,681 O 1,724, O 82,&SZ, 4.11,766 O &,552,891 0 1,073,571 96,321 0 3,924 319,~Z 132,~17 ZS2,d~3 0 8,&51 71,571 0 1?,N7 478,753 1,282,013 576,890 71,712 LOPER INPACT FEES: /*7090 Public facilities /,7091 Parks/had}t tat /*7092 PubLic service /*7093 F i re /*709/* Signal /*7095 Library /*7096 Road benefit 1,8&8,505 326,598 610,900 325,831 185,751 16,900 3,4~ Fee Sad7 Papa TABLE 2 TYPE OF FEES BY COST RECOVERY CATEGORY CATEGORY 1 Fm which my be full rest r~,t,; · Community Services District · / Admma'~a and mm~j~ ~c~ / Adult and .youl aclivilies / Sports ,/~xcumons ·Misc. police fees sad clmrZes · Currdu plannm/fees · Buildinz and Safety fees · Public Works ~ ~ae~nz fees · Us~ of City prol~ly · l:ir~ systems plan cheskinl · Fir~ ~ pin ch~ckm$ · Weed abttemm~t Yemwhichmaybekmthanfu!!cmt · Advance piannini fees · Busins licemes · CityClerkservic~ · Saleofpublications · Comnmnity Services District activities sm:h as: ,/Fscility uss~s / ;:dw'-*~-d proF'-,,~ / You~ a~ivim · Fire mfety CATEGORY m Fees which my be more revem2-producing, such u: · Fireram permit · · Cabaretdancepermits City ofTmmmmla, Um. CbarlmatdFemStmd/ PBee~ ,,- ~: ~~oooooooooooooooooooooo~ooo~ : | ~:ooooooooooooooooooooooo~ooo:~ CbTotTemenkUarCbm. pamIFeuSmdy l'aee3S !! Ck? orTmamd:, t~mmrC~mmrmmmmmmmm Fees Study hie36 APPENDIX A CITY OF TEMECULA COST ALLOCATION MODEL User Guide Introduction This report provides a user guide to a computer-based cost allocation model developed by Cordoba Corporation for use by the City of Temec~d~} This model allocates general overhead and indirect costs to City service programs to calculate the full costs of municipal services. The cost allocation model was developed to allow the City of Temecula to calcuhte the full cost of municipal services. This information was considered valuable in determining the mounts which should be charged for the recovery of City services costs through user fees and The cost allocation model is 6esi~ to run on an IBM PC or compatible hardware using Lotus 123 Rel~ 3.1 software. The model output may be printed on any compatible printer. Model I)esiln The model consists of one dam file and two s!~ designed to ac~t manually inputted data from the City's budget. The data enttzed by the user can be either expenditures budgeted in any fiscal year, or acnml expenditures for any fiscal period. Currently, the 1991-92 Budgeted Expenditures are loaded into the model. A c'tmu~ model assumption is the distinction of general government and support service departments from direct public service departments. Other scenarios can be developed by changing the budget inputs and organizational strucmre. The model performs all nece.mry spreading of genenl overhead and indirea costs to City services based on budget data and organintional sU'ucture. Undel~.-ndin[, the Model The Cost ,~,11oc~rion Model consists of two automated, interactive spreadsheets (Page 1 and Page 2). Page 1 consists 'of the calculation of general government and support service costs (overheads) which arc, in pan, subsequcnfiy distributed to direct public service departments. Page 2 receives input from Page 1 and calculates the full cost of direct public services (direct and overhead costs). Thew. fore, it is important that only appropriate overhead costs in Page 1 become allocated in Page 2. Care must be taken in Page l's budget analysis. The model ptixnafily allocates overhead costs on the basis of the relationship of 'a program's budge~ sahties and employee benefits to the City's mtai personnel budget. Model Outnut The cost allocation model genexaxes the following outputs: · Relative departmental size to tmal City Budget (salaries and employee benefits portion ordy) · Toud mount of general overhead and indirect costs m be nlioc~t~ to direct public · Full cos for all departments Model ApDIl,.-tion The cost allocation model is deeiF.ed for the analysis of municip~ service costs at any given time. It can be modified to accommodnte h a c .nFng ol'~ni~dona] slnLcture of City services and depamnents. By enlering budget fiscal ~ the model can projec~ future service costs and analyze the effect of general overhead and indirec~ cosu on dizea public services corn.. 6. Model ODeration - Overview The mudel consira of one data file which should be stored in the T nm.~ 173 Release 3. l directory on your bard drive. The .fihm,,me is J~,xHiarrl.wK3. The user can use any budget fiscal data m gincrate the full corn of City services. Care should be taken, however to input fiscal dam that is consistent thnmghout (i.e., "budget" dam, "actual" dan, or "~s~e~" data), Only one fiscal dan file is needed to run the mudel. Currently, this is the 1991-92 budgezd expenditures for all City depamnents. If another scenario is to be run, or if consecutive scenarios are generated, the file must be saved with another name. Additional scenarios can tlw. n be run under the same model file~nrne. The model responds to the City's current ox~Rni--fional slructure. 'If the organization plan is changed (e.g., new departments crmt~, old ones consolidated etc ) modifi~ons rnay be made to the spreadshem without altering the model's ability m ~71ct~e full costs. c3Jculate the al~Fi'Opx~l~ amount of ovel'head~ to be ~pl'eid to dil'ect public services. The model requires fiscal data input into ~lected columns of the automated spreadsheets m calculat~ the full costs of direct pubtic services. In order to achieve a flawless full cost allocation, the user must have a thorough understanding of the City's budget su'ucture, depamnental frameworks, and orgavintlonal units. In. the following sections we describe the inputs and the logic which the model Uses to calculate and aUoca~ costs. ' ~ ofTmsmm~ CaatAiaemiamJ~imid. Ums"~ilo Operatin~ Rtem Step 1 - Retrieve Cost Allocation Model Using normal; ares 123 Release 3. ] commands, the. JE,.XHIK]T1,W]~ ~ CiD be Step 2 - Modify !;,vlei~f Fascel Dm or Enter new Dm to Create a New Scenario. Using t~us 173 Rd-.e 3.1 normal COmm~nd% fiSCal and orZan~tiona] data may be add~ or modi~ed for any of dz fiscal pe=iods analyzed. Enter or modify dam onJy in the following columns: Cost AIIor~tlon Mode]. lniFe 1 Column 1 - Ovmtxead Deparment. Cost A!lo~tion MobL ]~ee 9 Column 1 - ~ Public S~rvic~ Column 3 - Budgve:! Total Column 4 - Personnel Column 5 - lVtaleriah & Sm'vicm Formulas that calculat~ ratios and spread costs have been proteced on each spreadsheet, therefore you will not enter dam in the following columns: Cost Allocation Model. P,,fe 1 Column 2 Cohnm 7 Column 8 Column 9 Column 12 - % of Salarim and WaZm - Fixed Assets PFo-Ratio - Non-Depaxummml Allocation - ]il~ Costs to be.., A||oc~ted - Total Service Cost Cost A!io, etion Modal. P,-,e 2 Column 2 - ~ of Salaries and Wages Colunto 7 - Fixed Assets Pro-Ratio Columu 8 - Non-~t31 A!|oc~don Column 9 - Indirect Costs ID be Alioc~t~ City of'rememb, CmtAimmModd - iCedde l'qe3~ Column 11 - Direct Cost Allocation Column 12 - Total Sea'vice Cost Below we describe each Column for future reference in creating new scenarios. PVe 1 - Overho-~ ~tnaremen~ a) Coinran I - Cost AIIoa~tion Mold Overhead Detm'tmems - E~er the nam~ of the general government and support services dq:amnents in Column 1. The data is obtained from the City's budget documents. b) ~olunm 2 - % of Salaries and Employee ~ The model will autop'mdc-fiy mud r'ol-m. 4 in Pages 1 and 2, and calculate ~e relationship of each dqmmznent's .-.,l=rlm and employee benefits to the City's total. personnel costs. Percentages will appear in Column 2 wiffi subtotals for Pagmland2. e) Column 3 - ;haf~V,eted Tot'! Enter the mount apFq~fiated for the total department. The data is obtained from the City's budget docn,mem-,. d) Coinran 4 - Personnel Enter the mount appropriated for the salaries and employee benefits for each department. The data is obtained from the City's budget documents. e) Colnmn S - Mnteriol~ & Rerviees Enter me mount a~propxhted for materials and services for each depanrnent. The dam is obtained from the City's budget documents. f) Cobnnn 6 - m,dpeted Fhrod ,a,.e~t, Enter the mount ai,l,zopxlated for each department. The dam is obtained from · City's budget documents. In this cost allocation model, it is for rderence and a check only and does not affect any e~lcq,soqon or totals. g) ~Coinmn 7- Flts,d A.o~t~ Pro-~ndos This Column is automnrlc~lly calculated by the model. Refer to the User Charges and Fees Study, Page 10, for the basis of this calculation. In the future, Column 7 input may be canceled from the model without affecting other calculations by making NO entries in the Column. City of Tamscda. Cast AiscatimMsdd. UserGuide If Column 7 calculation is canoeled from the model, the user may wish to factor Column 6 data. In this case, the data in Column 6 would need zo be manually added to Page 1, Column 9, Indirect Costs to be Allocated and Page 2, Column 12, Tontl Service Cost; or the user my choose to ignore fixed assets and delet~ this input from the model. h) Coinme 8 - No~-ligDowmontH Allocation The model will aumwu, Hr~!iy distcibute a plopo, Lionate share of the "Non- Dental" budlet apixop,;,,Hon tO all dcparuncnts listed m Column 1. Subtotals will appear in Pa~es 1 and 2. Note: Care should be laknm to make sure taI any ezpendim in the "Non- Detmmment" budget, which is inmaded only for a specific deparunent, is l'~Ua]]y rotered into Coinran 9, PaJe 1, or CoJvmn 11, Pa~e 2, as ayp~op-late. i) Col. iron 9 - Tndirect Costs to be Allotted T~e model will antorrmfic,,11y mum mounts appearing in Colunms 4, 5, 7, and 8. j) Col.ran 10 - NothA!itrntod Cn-~ The mount appeaxing in this Coh, mn m manually em~zed af~ an inspection has been made of each detmUnent listed in Page 1 to ~xclude mditur~ that would not be atlxibutable to the ix~fohuance of dixect public services. Refa' to Page 10 of the User Charges and Fees Study. k) Coinme 11 ' Fiireet Cost AIIo,-'-~on The mounts appearing in this column are manually entered after an inspection has been made of each department listed in Page 1 tO allocme specific expenditures ~oumined in any general or support service deparunent directly attribulable tO a specific direct public service. The mount will either be ,aliocmted on a relational basis tO several direct service depazlznents or as a single mount tO one department. Refer tO Page 10 of User Charges and Fees Study. I) Col.ran 19,, Total ,qe~ce Cost The model will autOmatically sum Columns 9, 10, and 11. A subtotal will appear at bottom of column. l~e 9, Tlirect Public ,qervices a) Col,ram 1 - Cost AHoea~on Mmtel ~ l~bi~e ~ I~l~r~s o Eater ti~ ~am~ of ~ publk s~rvic~ ~'l~'tn~ in Column 1. ~1~ ~ i~ o~ fi~m t~ C~ty's ~udg~t doc~m~t~. b) Coinran 9.. % of Robties pnd lrnlDlovee !~nefi~ Thc model will automstlc~lly total ~'ohtmn 4 in Pages 1 and 2 and calculate the mlatizsh~ of each depaztment's salaries and ~nployee benefits m the City's tonal personnel costs. Petcenn~,es will appear in Column 2 with subtotals for Pages 1 and 2. C) ~nbsmn 3 - !bdo~od Total Enter the amount aFp~p.~at~ for t!~ tt)l~ departmetR. 'The data is obtained from the City's budget documents. d) C-oi,,mn 4 - Personnd E. nt~r'the amount aFp-op, lat~ for salaries and employee benefits. The data is obtained from the City's budget. docmnneqts. e} Coinran 5 - Mnterlnk & ~.rvie,w F. nlz~r ~e amount a~y, og, lated for materials and services for each deparunent. The data is obtained from the City's budget documents. f) Coi-mn 6 - Wadfeted Fhced A.,~ofe This Column is a manually entered amount for each department. The dam is obtained from City's budget documents. In this cost allocation model, it is for reference and a check only and does not affect any ealc-intion or totals. i) Coinran 7 - lrrted A.eee~ Pro-RnUos This Column is autom~,ticmlly enlcvlnted by the model. Refer to the Use~ Charges and Fees Study, Page 10, for the basis of this calculation. In the future, Column 7 input may be canceled from the model without affect~g other calculations by making NO entries into Column. If Column 7 calculation is canceled from the model, the user may wish to factor Column 6 dam. ~n this case, the dam in Column 6 would need to be manually added to Page 1, Colmnn 9, Indirect Costs to be Allocated and Page 2, Column 12, Total Service Cost; or the user may choose to ignore fixed asse~ and delete this input from the model. City ofTmmemh, C, mt &lbemkm i - UarCdib PMe42 h) Column 8 - Non-Be. Dartmental Allocation The model will automatically distribute a proportionate share of the "Non- Departmental" budget al,~,wl.-htion m all departments listed in Column 1. Subtotals will aplzar in Pages 1 and 2. Note: Care should be Uiken to make sure that any cxlz~dimres in the "Non- Depamnent" budget, which is intended only for a specific department, is manually entered into Column 9, Page 1, or Column i1, Page 2, as appropriate. D Cobsrows 9 nnd 10 Should contain zero's (O's) throughout the entire field. j) Col-am 11 - nh*ect (',st Allocation The model automatically calculates the p, opo, t~onate shar~ of the indirect costs to be allocated (the sum of Column 9, Page 1), amd adds amounts appearing in Column 11, Page 1, Direct Cost A!loc-tlnn. In the model, contracts admini.evation, cashier o,lmini-eration, and the City Attorney's costs are directly allopted to the b(.le fh;ng program. The allocation is also refined by adding amounts in l,,opa, tion to the stafftng .level in departmental subdivisions. Refer to User Charges and Fees Study, Page 10. k) Col.me 19. Total ~qervice Cost The model will antomn,c~liy sum Column 4, 5, 7, 8, and 11. A subtotal and grand total will appear at bottom of each Column. Step 3 - Save Cost Alioeation Model. After modifying data or ent~zing new data, the cost allocation model is saved under .its existing name using the normal "SAVE/REPLACEs commands in I ntus 173 Rel,.m.m.. 3.1. Step 4 - Print Output. Using normal T nV,.~ 173 Relps.~. 3.1 commands, the entire cost allocation model output my be printed on any compatible printer. The printer we have used in this report is a Hewlett Packard LaserJet llI. City or Tmmt-'Ma, Usar Charl, m and Fm ~ ~ M . ci~ or~mm.k. r~r~--~Fm~ Z'~S c~, orTemecuk, Umr~md Few Study Pap,~ Ciq, orTmr...k. Um-C3m. LmBM Fees Seadr Papal city orxammik Urn'am. mind Fm Smd~ wee City or Temk*'*uk. Uze' C!mzlm m/l;m Study a~'orTemmh. ba'Chm.~mdFmSetdy PqeS3 City of Tmgula, Urn' Chargin mad Fm ~ Pap~4 ]' .2~ I II II I! I I! II I! I I I I II I1 I! st I c.~ errmama. mar Camrpl aM Fm ~ I~p~ C.~ orT.--k-.,k. UwC]mrem---d FmSa,I~ ~ ettamah, Um'C~mm ma Fm ~may Cit7 of Temecuta, Urn- Charam sad Fees Sudy Paae S8 CitYefTmm:ada, Uaer~mdFmimb, PMm-~ ~ orTm~, t~rCblrlmm Fern Sutdy Page60 ~ orTmak. ~m'C:kzla md Fm Smd~ City or Temecvla. Uaer ~ and Fern ~ ~ ~c~ CITY OF TINF, CL~,A FUr J- COST RECOVERY ANALYSIS BUTt.DXNG AND SAFETY DEPARTMT~ Full Service Cost .(Cost Allocation Model) Revenue ~.~rimatN! for 199142 O:tudtreted} $ 1,275,640 <1.100.000> Difference < $ 17~,640> Thi~ represo-m,~ n cost recovery of ~Rkrb,a Oxh..ntelV 86%. Actual r~venues for 1990-91: Acttm.l revenues for"1991-92 (July-Nov. 1991) ' or Estimamd 199142: $1,088,112 252,290 50,458/month 605,496 Three principal revenue accounts produced app, m~uately 99% of all revenue in 1990-91. They are: Aeet fF N~.me ,Atom,hi Percent 46200. in House Plan Check $ 41,564 3.8 46284 Plan Check 276,716 25.4 46285 Building Permit 769,546 70.4 Four principal revenue accounts produeed app, 0.- |...-toly 99.9% of all current revenue for 1991-92 (S months: July-November 1991). ~ney are: Acet ~. Name ~ Pc, cc,d 46200 in House Plan Check $ 27,469 10.9 *46201 Plan Check ESG1L 11,929 4.7 46284_ Plan Check 23,930 9.5 46285 Building Permit 188,842 74.8 * This account prodm:~ $0.00 in 1990-91. C~°rTmmmis, UmrCimslm--'aFmSudy : lame CITY OF~ lrt.n.l o COST RECOVERY ANALYSIS PUBLIC WORKS/ENG~G Full Service Cost (Cost Allocation Model) Revenue l:.~imnted for 1991-92 {,Budgeted} R,,dleted 1991-92 $ 1.877.102 < 1.968.000> Difference $ 90,898 Thk represen--.'- cost recovery of '~lt, oxL,.ntety 104J%, ### Actual revenues for 1990-91: $ 4,191,879 Actual revenues for 1991-92 (July-Nov. 1991) or 531,650 106,330/month Estimated 1991-92: lJ75,960 A. Sixteen principal rm, enue accounts produced 98.2% of all revenue in 1990-91. Acct # *46301 46306 46307 *46319 *46352 *46359 *46360 46362 46363 *46365 *46368 *46369 *46378 46379 *46386 46388 Amond~d Final Map Multi-Family Traas Plo~ Plan Track Map Plan Check Improvement Plan Check On-Site · Improvemeat Plan Check Off-Site Grading Plan Check 1-Lot Res. Grading Plan Check for PP, CUP, PUP Amo-nt $ 200,000 10,986 14,312 31,162 71,198 193,490 1,994,269 26,992 10,325 XXX-Impmvement Insp. Off-Site Grading Permit Conslxuaion Permit Encroachment Comprehensive Transport Plan Rough Grading Plan Check Subdiv. 38,901 .' Improv. Insp. Off-Site/On-Site 1,273,036 60,758 44,901 11,676 106,707 17,944 They are: Percent 4.8 0.3 0.3 0.7 1.7 4.6 47.6 6.4 0.5 0.9 30.0 14.5 1.0 0.2 2.4 0.4 B. Of the sixteen revenue accounts, ten produced 95.79% of all revenue (* above). C. Eleven principal revenue accounts produced 90.8% of all current revenue for 1991-92 (5 months: July-November 1991). They are: Acct if Name Amount Percent 46304 Extension of Time $ 10,596 2.0 46306 Multi-Family Tracts 8,881 1.7 46352 Track }dap Plan Check 8,887 1.7 46359 Improvement Plan Check On-Site 26,417 5.0 46360 Improvement Plan Chcck Off-Site 247,033 46.5 46361 Improvement Plan Revision 6,400 1.2 46365 Rough Grading Plan Check Subdiv. 6,650 1.3 46368 Imp./nspection Off-/On-Site 137,426 25.8 46371 T anCl~/nspection 12,430 2.0 46379 C. xm.rm3etion Permit 11,133 2.0 46388 Comp. Transport Plan 8,329 1.6 CITY OFTEMECULA Flit ,L COST RECOVERY ANALYSIS PLANNING DEPARTMENT - CURR]i2~IT PLANNING ~,NAI,YgI~ NO. I Rndm, eted 1991-92 Full Service Cost $1,150,538 (Cost Allocation Model)* g~mated Reven,,es < 359.473 > Difference $ 791,065 Thfa representq m cost recovery of * See sepazatc cxltibit for calculation, ### Actual revenues for. 1990-91: Actual revenues for 1991-92 (July-Nov. 1991) or Estimated 1991-92: $ 311,066 105,289 21,058/month 252,694 A. Fourteen major revenue accounts produced 93.6% of all revenue in 1990-91. They are: Aect # Name ,Amonnt Percent 46102 Appeals $ 38,984 11.8 46104 Extension of Time 6,729 2.0 46105 Single Family Tracts 12,536 3.8 46106 Multi-Family Tracts 23,293 7.0 46107 Parcel Maps 35,550 10.7 46108 Lot Line Adj. 8,112 2.5 46115 Zone Change 8,422 2.5 46116 Conditional Use Permit 8,950 2.7 46117 Consistgncy Checks 15,223 4.6 46119 Plot Plan 90,854 27.4 46121 Revised Permit 10,281 3.1 46124 Substantial Confonnance 9,259 2.8 46129 C~QA (Initial Studies) 27,591 8.3 46139 Condo Tract Map 14,625 4.4 City ofTmacda. UMrClmslmsamd Fern Study Page66 Six principal revenue accounts produced 81.3% of all an-rent revenue for 1991-92 (5 months: July-November 1991). They are: ~ Name Amo,,nt Percent 46104 Extt~on of Time $15,443 14.7 46105 $ingle Family Tracts 8,000 ' 7.6 46107 Parc~ Maps 23,181 22.0 46116 Conditional U~e Permit 8,410 8.0 46118 General Plan Atonement 17,850 17.0 46123 Spee~ Plan 12,851 12.2 t#t The above dam would indicate the following: For 100~ full cost recovery, fees have to increase 1819~ For 80~ full ~o=t twovery, fees have to incauae 125~ For 75 ~ full co~t reo~very, fees have to inczea~ 111 '~ C1TY OFTEMECULA FULL COST RECOVERY ANALYSIS PLANNING DEPARTMENT - CUI~ENT PLANNING l~dl Cost Amalvsk :Amnnptione 1. Contracted consulting services support current planning by approximat~y 75 % of contract costs. 2. Calculations based on 1991-92 Budget. Therefore, based on above: Budgeted for Consulting Services contract: -. 75% = $ 561,400 421,050 Personnel ,~ervies Direct Snlnri.~s ~rtmentnl Ovcrhemd l::.mp. Rene~t.~ ~ 35.5% Subtotal O&M Consulting Services 40% of other 0 & M Subtotal $147,564 55.730 $ 203,294 79.948 $ 275,542 = .879 of toni Departmental Personnel ' Services Cost $ 421,050 51.301 $ 472,351 Capital Outlnv 40% of $26,589 (cost allocation model) $ 10,636 Genernl City Overhond $286,302 x .879 (cost allocation model) $ 251,659 Toni cost of services F-~t. Revenues Difference $ 1,010,188 < - 359.473 > $ 650,715 CAt3, of T emenda, User C. keqm nil Fees Study Pale Based on the above calculation, the budgeted 1991-92 expeaditures and reven-es indicate an estimated cost recovery of approximately 35.6%. The following calculation ~sumes no externnl consulting services contract for current planning Personnel Services Costs O&M capiu ouaay General CRy Overh,..~d Total Con of Services F-~mnted Revenues $ 275,542 51,301 10,636 251.659 $ 589,138 359.473 $ 229,665 This calculation shows a cost recovery of approxima~y 61%. ck~ dT.,,..,nk. t, ke. Ckmp-..-, FeBSe.dF bee City of'Temecula, UmrCharlmmdFem Study Pago?O I 0' ' ' ! ' ' ! 'I o~ C. k3, etTmeceikUea. C::kn. pmdFemSmb, he, n EXHIBIT 2 ADMINISTRATIVE EXPENSES AND OVERH~ TEMECULA REDEVELOPMENT AGENCY (TRA) FULL COST ESTIMATE: FY 1991-92 a. City Council, City MsnaS~r ('mcludiq otlzr de~iF~trd In'sons), and City Clerk allocaz about 30~ of their ~ tinz to functions of TRA. b. Finance depa~ent supports TRA activities in the relationship of personnel expenditures in a. above to tmal City Ix=sonnel costs. 2. Calmsin'don- Cost l?,m'imotme a. City .Council (30% of ftttl cost)* S 27,219 b. City Manager (30% of time) 42,452 c. City Clerk (30% of time) 22,631 d. Finnnee Department, 14,768 [a + b + c salary costs = $75,~23; $75,923 + $3,247,870 = 0.023; $642,087 x 0.023 -- $14,768] Subtotal Public Notices + lastuSe, etc. (estima~ $18,150 TOTAL ESTIMATi;~ $107,000 5.445 $112,S15 * Full costs obtained from Cost Model. ~ Or'[mMCdk UnrC:]mqesad Fees Susdy Pap?2 EXHIBIT 3 Jl Cost Computation of General Government Support Services Provided by TCSD, based on 1991-92 City Budget Direct Cosf~ Personnel ~ost~ Maintonancc Worker ~nployee Benefits ('35.59~ ) Submud Estimated 1.S Labor Year Subtotal: Account clerk Employee Benefits (35 .S · ) Subtotal Estimated 0-2S:Labor Year Subtotal: $22,458 7.973 $30,431 $21,558 7.653 $29,211 SS3~.S4 7.303 ~amotea Total Labor Costs: (*) Materisis x, .~erviees 3 .(P8 (1) F-~immted Total Direct Costs: Indirect Cost~ fr~D-mnest Overh.d} Personnel Cosr-~ Director Community Services Employee Benefits (35.5 ~ ) Subtotal Administrative Secretary Employee Benefits (35.5%) Subtotal Total hnonnd Costs: (*) Msterisuls & Rervices Total: Estimated overhead per one (1) Labor Year ($131,493 + 13) $70,530 73.678 $94,158 22,932 8.141 $31,073 '$63.585 $125,231 $131,493 10,115 (2) Estimated Indirect Costs: (3) F~+imoted Total Direct Cost of General Gov't Support (1) + (2) = O) 20.930 $ 83,815 B. Cost Computation of Development Review Process Provided by TCSD, based on 1991-92 City Budget Direct Cost~ Personnel Development Services ArJmini,~.ator Development Assistant Fanployee Benefits CB5.5 % ) Subtotal R~Imoted total labor costs: M~,terinls nnd Rerviees (*) (1) Estimat~ Total Dim:t Costs: (2) lndir~ Costs (D~parfme,-o~ Overhead): (3) F.t~mated Total Dir~t Cost of Development Review: (1) + (2) -- (3) $22,437 12,972 $47,980 (0.5 I2bor Year) (0.5 Labor Year) $"g7,988 ~ .399 50,387 10.11S 60.S02 (*) Basis for proration is relationship of ~ and services costs to personnel costs for Department of Finance: $19,888 + 432,762 = 0.05 Ci~ ofTemecada, UserCbaqmaed FroStudy Pag, V4 ~ 0 0 0 0 0 o ~ ~ o o o 'FS 'E: 'F: 'E: 'F~ 'F:: .o .~;,. ,- u. 0 ::o ,,', ~ rt"' !: + ,.- ._ · .'EL ! 0 ~) + ~ : 0 : ~ o ~ - 0 0 0 o 0 e 0 0 + + + o o o ~ ~ ~ ~ · + .- Z .:"o'~ Z rJ u z > 0 >. I-- >' 0 a: a"m' >"o uo>.v :sa::c~cn uou i >. ou~ go~w u odo ca odo ~ oo ~ wo-~ o, °~ ~ o >. oo o o >- o o o o " uoc~o · - ,... o >:, < ,, u o u d , c; r,D >- o ,- d ~ z · - o .~ , o z ~ ~ u.-cw ,~' E: ~ E: ~oc~ oz ~. ..~E~ ----~-r3c~ o o ,-' ,-o~ oo 1 l i -[ n .u I- ATTACHMENT 3 FEE SCHEDULE Adopted 43174 Business Park Drive Temecula, CA 92590 (909) 694-6400 CITY OF TEMECULA 'S ALPHA INDEX FOR THE FEE SCHEDULE Page Administrative Plot Plan ........................................ 22 Air Quality Element Fee ........................................ 42 AH other Applications (Initial Study Negative Declaration) ................... 53 Alternative and experimental Sewage Disposal Systems including on-site evaluation plan review ..................................... 50 Amendment of Permit (change in number of hogs at permittee's option) .......... 31 Amendment of Permit (increase in maximum allowable number of hogs) .......... 31 Annexation Fees ' ............. ' ................................ 59 Appeal (Extension of Time) ...................................... 37 Appeal of Planning Commission Decision ............................. 47 Appeal to City Council ......................................... 55 Appeal to Planning Commission ................................... 54 Appeals .................................................. 49 Appeals (subdivision) .......................................... 37 Appeals to Planning Commission, City Council ............. ~ ............ 22 Application for a permit to remove one or more native living trees .............. 48 Application for an Appeal or Variance ............................... 32 Application involving land which lies within the boundaries of the maps ........... 32 Applications for Commercial Wind Energy Conservation System Permits (Commercial WECS Permits) ..................................... 53 Applications for Grading Permits ................................... 53 Applications for Tree Removal ............... · ..................... 53 R : ISIPI,,ANNINGILANDFF_,F_~ ~ R~a4 May .,¢, IPP3 vgw Page Applications involving land which lies within the boundaries of the maps ..........32 Archival Research Fee for Planning Information ......................... 58 Certificate of Historic Appropriateness ............... ' ................ 49 Certificate of Land Division Compliance (fee per parcel) .................... 38 Certificate of Land Division Compliance with waiver of Final Parcel Map (fee per parcel) .............................................. 38 Certificate of Zoning Compliance and Plot Plans which require field inspection by Land Use Divisions ......................................... 24 Change of Zone .................................... ' ......... 22 Checking Services .......................................... 18-19 Commercial or Industrial Parcel Map (subsurface disposal) .............- ......34 Conditional Use Permit ................ . ............. . ............ 22 Conditional Use Permit (Mobile Home Park) ............. ' .............. 22 Conditional Use Permit (Recreational Vehicle Park) ....................... 23 Construction Observation ....................................... 20 Day Care Home (Large Family) ................................... 28 Development Agreement ........................................ 59 Disestablished or Diminishment of an Agricultural Preserve (City Council initiated) ....56 Disestablished or Enlargement of an Agricultural Preserve (application initiated) ......56 Environmental Impact Report (EIR) ................................. 54 Establishment or enlargement of an Agricultural Preserve (City Council initiated) .....56 Establishment or enlargement of an Agriculture Preserve (Applicant Initiated) .......56 Execution of a Land Conservation contract for land within and Established Agricultural Preserve (City Council Initiated) ................................... 56 Extension of Time (Subdivision) ............................. ' ......38 Extensio.n of Time - (Conditional Use Permit) ........................... 23 R:k$1PLANlqINGIIANDFEF_~NEW .~ Rtvi$,~d May 5, 199.~ vgw Page Extension of Time - (Parcel Maps) .................................. 38 Extension of Time o (Plot Plans) ................................... 23 Extension of Time - (Public Use Permits) ............................. 23 Extension of Time - (Variances) ................................... 23 Extension of Time (Parcel Map) ................................... 38 Fault Hazard Report Review (CEQA) ................................ 54 Filing a Comer Record ......................................... 52 Filing a Record of Survey ' .................... ................... 52 Filing Fees for Expired Recordable Subdivision Maps .................... 40-41 Filing of a GeOlogic R,eport for Approval ....................... , ......46 Final Statutory Condominium Map ........ .............. , ........... 41 Final Subdivision Map Filing ' ..................................... 41 Fire Safety Inspections (licensed care) ................................ 43 For each Parcel not in the same Land Division, larger that 10,000 sq. ft. in size, not in an identifies crucial area and where no site evaluation is required (subsurface disposal system) ....................................... 50 For Multiple Parcels within the same Land Division (subsurface disposal systems) .... 50 General Plan Amendment (Circulation) .......... ~ .................... 24 General Plan Amendment Filed with a Specific Plan ....................... 24 General Plan Amendment Filed without a Specific Plan ..................... 24 Geologic Waiver ............................................. 54 Hazardous Waste Facility Siting Permit ........................ ~ ...... 28 Holding Tank Approval ........................................ 51 If pursuant to Section 706 of the rules for the City of Temecula implementing the California Environmental Quality Act, a previously prepared EIR is utili:ted as the draft EIR ................................................. 54 R:ISIPI.,tNMNGILANDFliF. gN~W 4 lh'~iset lllay $, 1.09.~ vgw · Page If the Project Sponsor prepared the draft EIR ........................... 54 Inspection Fee .............................................. 31 Kennels (Consistency Determination) Ordinance No. 348 ................... 30 Kennels and Catteries which are processed under Section 18.45 ................ 28 Land Division Unit map Filing (Phasing) .............................. 39 Landscaping Plans ............................................ 60 Late Fee .................................................. 31 Liquefaction Report ........................ , .................. 54 Lot Line Adjustment .......................................... 39 Lot Revision After Checking ............................... ; ..... 40 Major Outdoor Event ........................................... 29 Merger of Contiguous Parcels ..................................... 39 Minor Change (Parcel Map) ' ...................................... 39 Minor Change (Subdivision) ...................................... 39 Minor Temporary Outdoor Event which is exempt from the California Environmental Quality Act (CEQA) .......................................... 29 Minor Temporary Outdoor Event which is not exempt from the California Environmental Quality Act (CEQA) ................................. 29 New Permit Application Fee ..................................... 31 Notice of Non-Renewal ........................................ 56 Parcel Maps ............................................... 40 Permits - .................................................. 20 Plan Checks and Inspections Fire ' · ................................. 43 Plot Plans for projects which are exempt from the California Environmental Quality Act (CEQA) and are not reviewed by any Governmental Agencies other that the Planning Department ..................................... 25 R:tSIPi.4NNING~L~IDFBB~NL:W ~ Revit~tiMay ~, 1993 vgw Page Plot Plans for projects which are exempt from the Califomia Environmental Quality Act (CEQA), are under 10,000 square feet but are required to be transmitted by the Planning Department to other Governmental Agencies for review Plot Plans which are not exempt from the California Environmental Quality Act (CEQA) (projects under 10,000 square fee0 ......................... 25 Plot Plans which are not exempt from the California Environmental Quality Act (CEQA) (projects over 10,000 square feet) .................................. 25 Preliminary Elective Evaluation of Sewage Disposal requirements prior to application to Planning Department (includes evaluation of method of water supply) ............................................... 51 Projects Continued at Public Hearing ................................ 59 Public Hearing Fees ........................................... 59 Public Use Permit ........................ .. .................. 26 Reclamation Plans submitted for vested operation conducted after 1/1/76 .......... 47 Refund of Fees .............................................. 30 Refund of Fees of Ordinance No. 460 ................................ 42 Regularly Scheduled Event which has not been held before and is exempt from the California Environmental Quality Act (CEQA) .......................... 29 Regularly Scheduled Event which has not been held before and is not exempt from the California Environmental Quality Act (CEQA) .......................... 29 Regularly Scheduled Event which is preexisting and exempt from the California Environmental Quality Act (CEQA) ................................. 29 Request for Extension of Time to Complete off-site improvements .............. 40 Research Fee for Historic Verification ............................... 58 Research Fee for Planning Information ............................... 58 Reversion to Acreage .......................................... 39 Revised Parcel Map Filing (commercial and industrial parcel maps after two years of original approval ........................................... 35 R:ISIPI..,tNNINGILANDFb"~.*~:NEW 6 Revlstd May 5, 1995 vgw Page Revised Parcel Map Filing (residential, commercial and industrial parcel maps; within two years of original approval) ................................ 35 Revised Permit .............................................. 47 Revised Permits which do not require a Public Hearing ..................... 24 Revised Permits which require a Public Hearing ......................... 24 Revised Residential Parcel Map (after two years of original approval) ............ 35 Revised Statutory Condominium Subdivision Map Filing (after two years of original approval) ............................................ 33 Revised Statutory Condominium Subdivision Map Filing (within two years of original approval) ............................................ 33 Revised Tentative Subdivision Map (after two years of original approval) .......... 36 Revised Tentative Subdivision Map (within two years of original approval) ......... 36 Second Unit ............................................... 26 Setback Adjustment ........................................... 26 Sewer Verification where readily retrievable data is not available (i.e. subdivision or parcel map files) includes FHMVA approval forms for systems less that 1 year ...... 51 Site Evaluation and Sewage Disposal Plan Review for individual lots less than 10,000 sq. ft. in size and located outside critical sub-surface Sewage Disposal areas . . . 50 Site Evaluation in conjunction with Sewage .Disposal Plan Review in critical sub-surface Sewage Disposal areas as determined by the health officer ............ 50 Site Evaluation upon request by applicant or his agent, to establish preliminary conditions of approval or verify site conditions .......................... 51 Special Districts Administration ................................... 21 Special Inspection Permit ..................... . .................. 47 Special Service Letter .......................................... 40 Specific Plan of Land Use ....................................... 26 Specific Plan - Road Specific Plan ................................. 26 I~'k~L4~G~..41~DI~I~ 7 Rts,Bed May .$, 11~3 vgw · Page Statutory Condominium Subdivision and Single-Family Residential Tracts and Parcel Maps ............................................... 40 Street Name Approval after prior approval (all schedules) ................... 40 Street Names Substantial Conformance ..................... · ................... 4'7 Substantial Confonnance for Commercial and Accessory WECS Permits .......... 29 Substantial Confonnance for permits under Section 18.43 of Ordinance No. 348 ......26 Substantial Conforrnance for Specific Plans ............................ 27 Subsurface Sewage Disposal Plan re-review where a second review is needed due to modifications, additions, or deletions to a previously approved design ........50 Surface Mining Permit-. .......................................... 47 Temporary Use Permit not to exceed six months ......................... 27 Tentative Commercial or Industrial Parcel Map sewers) .................... 34 Tentative Residential Parcel Map with Waiver of Final Map .................. 34 Tentative Residential Parcel Map without Waiver of Final Map ................ 34 Tentative Statutory Condominium Subdivision Map Filing (sewers) ..........' ....33 Tentative Statutory Condominium Subdivision Map Filing (sub-surface disposal ......33 Tentative Subdivision Map in the R-2, R-4 or R-6 zone ..................... 36 Tentative Subdivision Map not in the R-2, R-4 or R-6 zone (sewers) .............35 Tentative Subdivision Map not in the R-2, R-4 Or R-6 zone (sub-surface disposal) ....36 Vacation of Public Streets, Highways Code Section 8300, ET. SEQ ..............57 Variance filed simultaneously with an application for a Land Division, Conditional Use Permit, or Plot Plan ................................ 27 Variance Filed Alone .......................................... 27 Vesting Statutory Condominium Subdivision Map Filing .................... 37 Vesting Tentative Parcel Map P,.' IStPLiNNIN GtI.,4NDFEF_~. NEW 8 Retired May 5, 19113 vBw Page Vesting Tentative Single-Family Residential Tract ........................ 37 Waiver of Geologic Report ...................................... 46 WECS (Accessory) exempt from the California Environmental Quality Act (CEQA) . . . 27 WECS (Accessory) not exempt from the California Environmental Quality Act (CEQA) . 28 WECS (Commercial) Permit ..................................... 28 WECS Noise Study ........................................... 28 Zoning Information Letter ....................................... 28 I~'~PL/~rNING~4~~ 9 Revised May & 1993 vgw CITY OF TEMECUL,4 'S ALPHA INDEX BY ORDINANCE Page Checking Services .......................................... 18-19 Construction Observation ....................................... 20 Permits ................................................ 20-21 Special Districts Administration ................................... 21 ORDINANCE NO. 348 Administrative Plot Plan ........ , ............................... 22 Appeals to Planning Commission, City Council .......................... 22 Certificate of Zoning Compliance and Plot Plans. which require field inspection by Land Use Divisions ......................................... 24 Change of Zone ............................................. 22 Conditional Use Permit ......................................... 22 Conditional Use Permit (Mobile Home Park) ........................... 22 Conditional Use Permit (Recreational Vehicle Park) ....................... 23 Day Care Home (Large Family) ................................... 28 Extension of Time - (Conditional Use Permit) ........................... 23 Extension of Time - (Plot Plans) ................................... 23 Extension of Time - (Public Use Permits) ............................. 23 Extension of Time - (Variances) ................................... 23 General Plan Amendment Filed with a Specific Plan ....................... 24 General Plan Amendment Filed without a Specific Plan ..................... 24 General Plan Amendment - (Circulation) .............................. 24 Hazar~!ous Waste Facility Siting Permit R:LSIPLANNINGtlANDFEES. NBI~ 10 Rm,isttl May 5. 1993 vRw Kennels and Catteries which are processed under Section 18.45 Page ................ 28 Kennels (Consistency Determination) Ordinance No. 348 ................... 30 Major Outdoor Event .......................................... 29 Minor Temporary Outdoor Event which is exempt from the California Environmental Quality Act (CEQA) Minor Temporary outdoor Event which is not exempt from the California Environmental Quality Act (CEQA) ................................. 29 Plot Plans for projects which are exempt from the California Environmental Quality Act (CEQA) and are not reviewed by any Governmental Agencies other that the Planning Department ..................................... 25 Plot Plans for projects which are exempt from the California Environmental Quality Act (CEQA), are under 10,000 square feet but are required to be transmitted by the Planning Department to other Governmental Agencies for review .................... . ............................... 25 Plot Plans which are not exempt from the California Environmental Quality Act (CEQA) (projects under 10,000 square feet) ......................... 25 Plot Plans which are not exempt from. the California Environmental Quality Act (CEQA) (projects over 10,000 square feet) .................................. 25 Public Use Permit ............................................ 26 Refund of Fees .............................................. 30 Regularly Scheduled Event which is preexisting and exempt from the California Environmental Quality Act (CEQA) ................................. 29 Regularly Scheduled Event which has not been held before and is exempt from the California Environmental Quality Act (CEQA) .......................... 29 Regularly Scheduled Event which has not been held before and is not exempt from the California Environmental Quality Act (CEQA) .......................... 29 Revised Permits which do not require a Public Hearing ..................... 24 Revised Permits which require a Public Hearing ......................... 24 Second Unit ............................................... 26 Setback Adjustment ....................... -. ................... 26 11 Revised May S, 11~$ vgw Page Specific Plan of Land Use ....................................... 26 Specific Plan - Road Specific Plan ................................. 26 Substantial Conformance for permits under Section 18.43 of Ordinance No. 348 ......26 Substantial Conformance for Specific Plans ............................ 27 Substantial Conformance for Commercial and Accessory WECS Permits .......... 29 Temporary Use Permit not to exceed six months ......................... 27 Variance fried simultaneously with an application for a Land Division, Conditional Use Permit, or Plot Plan ........................................ 27 Variance Filed Alone .......................................... 27 WECS (Accessory) exempt from the California Environmental Quality Act (CEQA) . . . 27 WECS (Accessory) not exempt from the California Environmental Quality Act (CEQA) 28 WECS (Commercial) Permit ..................................... 28 WECS Noise Study ........................................... 28 Zoning Information Letter ' ....................................... 28 ORDINANCE NO. 4.31 Amendment of Permit (change in number of hogs at permittee's option) ..........31 Amendment of Permit (increase in maximum allowable number of hogs) .......... 31 Inspection Fee .............................................. 31 Late Fee .................................................. 31 New Permit Application Fee ..................................... 31 ORDINANCE NO. 458 Application involving land which lies within the boundaries of the maps ...........32 Applications involving land which lies within the boundaries of the maps ..........32 Application for an Appeal or Variance ............................... 32 R:tSIPI.4NNINGXI..4NDFIgF~!~W 12 R~td May 5, 1995 vgw Page ORDINANCE NO. 460 Multi-Family Residential Tracts Revised Statutory Condominium Subdivision Map Filing (within two years of original approval) .......................................... 33 Revised Statutory Condorninium Subdivision Map Filing (after two years of original approval) .......................................... 33 Tentative Statutory Condominium Subdivision Map Filing (sewers) .............. 33 Tentative Statutory Condominium Subdivision Map Filing (sub-surface disposal ...... 33 Parcel Maps Commercial or Industrial Parcel Map (subsurface disposal) ................... 34 Revised Parcel Map Filing (residential, commercial and industrial parcel maps; within two years of original approval) ................................ 35 Revised Parcel Map Filing (commercial and industrial parcel maps after two years of original approval ........................................... 35 Revised Residential Parcel Map (after two years of original approval) ............ 35 Tentative Commercial or Industrial Parcel Map (sewers) .................... 34 Tentative Residential Parcel Map with Waiver of Final Map .................. 34 Tentative Residential Parcel Map without Waiver of Final Map ................ 34 Single-Family Residential Tracts Revised Tentative Subdivision Map (within two years of original approval) ......... 36 Revised Tentative Subdivision Map (after two years of original approval) .......... 36 Tentative Subdivision Map not in the R-2, R-4 or R-6 zone (sewers) ............. 35 Tentative Subdivision map in the R-2, R-4 or R-6 zone ..................... 36 Tentative Subdivision Map not in the R-2, R-4 Or R-6 zone (sub-surface disposal) .... 36 Vesting Tentative Map Appeals (subdivision) " .......................................... 37 I~'L$tPI..4NNINGtl.4NDFF. F,&N~-~, 13 Rvti~ed May 5, 1~3 vSw Page Appeal (Extension of Time) ...................................... 37 Certificate of Land Division Compliance (fee per parcel) .................... 38 Certificate of Land Division Compliance with waiver of Final Parcel Map (fee per parcel) .............................................. 38 Extension of Time (Subdivision) ................................... 38 Extension of Time (Parcel Map) .................................... 38 Land Division Unit map Filing (Phasing) .............................. 39 Lot Line Adjustment .......................................... 39 Minor Change (Subdivision) ...................................... 39 Minor Change (Parcel Map) ...................................... 39 Merger of Contiguous liareels ..................................... 39 Reversion to Acreage .......................................... 39 Special Service Letter .......................................... 40 Vesting Statutory Condominium Subdivision Map Filing .................... 37 Vesting Tentative Parcel Map ...................................... 37 Vesting Tentative Single-Family Residential Tract ........................ 37 Amendment of Final Map Air Quality Element Fee ........................................ 42 Filing Fees for Expired Recordable Subdivision Maps ...................... 41 Final Subdivision Map Filing ..................................... 40 Final Statutory Condominium Map .................................. 41 Lot Revision After Checking ..................................... 40 Refund of Fees of Ordinance No. 460 ................................ 42 Request for Extension of Time to Complete off-site improvements .............. 40 R:ISknLANIq'INGtl..ANDFEF_J. NEW 14 Rt'~ittd May 5, 1993 vSw Page Statutory Condominium Subdivision and Single-Family Residential Tracts and Parcel Maps ............................................... 40 Street Name Approval after prior approval (all schedule~) ................... 40 ORDINANCE NO. 546 Fire Safety Inspections (licensed care) ................................ 43 Plan Checks and Inspections - Fire ................................ 43-44 Fire Safety Insurance (Commercial/Industrial) ......................... 44-45 ORDINANCE NO. 547 Filing of a Geologic Report for Approval ............................. 46 Waiver of Geologic Report ................ . ...................... 46 ORDINANCE NO. 555 Appeal of Planning Commission Decision ............................. 47 Reclamation Plans submitted for vested operation conducted after 1/1/76 .......... 47 Revised Permit .............................................. 47 Special Inspection Permit ....................................... 47 Substantial Conformance ........................................ 47 Surface Mining Permit · · '. ...................................... 47 ORDINANCE NO. 559 Application for a permit to remove one or more native living trees .............. 48 ORDINANCE NO. 578 Appeals ..... - ............................................. 49 Certificate of Historic Appropriateness ............................... 49 ORDINANCE NO. 650 Holding Tank Approval ........................................ 51 R:LStPIANNINGII. ANDFEF,$,NE'W 15 Revised May 5, IPP3 vgw Page For each Parcel not in the same Land Division, larger that 10,000 sq. ft. in size, not in an identifies crucial area and where no site evaluation is required (subsurface disposal system) ...................................... 50 For Multiple Parcels within the same Land Division (subsurface disposal systems) .... 50 Subsurface Sewage Disposal Plan re-review where a second review is needed due to modifications, additions, or deletions to a previously approved design ........ 50 Preliminary Elective Evaluation of Sewage Disposal requirements prior to application to Planning Department (includes evaluation of method of water supply) . . . 51 Alternative and experimental Sewage Disposal Systems including on-site evaluation plan review ...................................... . .......... 50 Sewer Verification where readily retrievable data is not available (i.e. subdivision or parcel map files) includes FHA/VA approval forms for systems less that 1 year ...... 51 Site Evaluation and SeWage Disposal Plan Review for individual lots less than 10,000 sq. ft. in size and located outside critical sub-surface Sewage Disposal areas . . . 50 Site Evaluation in conjunction with Sewage Disposal Plan Review in critical sub-surface Sewage Disposal areas as determined by the health officer .... ~ .............. 50 Site Evaluation upon request by applicant or his agent, to establish preliminary conditions of approval or verify site conditions .......................... 51 ORDINANCE NO. 653 Environmental Impact Report (EIR) ................................. 54 Filing a Record of Survey .................... .................... 52 Filing a Corner Record ......................................... 52 NO FEE SHALL BE REQUIRED FOR THE FOLLOWING PROJECTS: Establishment or enlargement of an Agriculture Preserve (Applicant Initiated) ....... 56 Establishment or enlargement of an Agricultural Preserve (City Council initiated) ..... 56 Execution of a Land Conservation contract for land within and Established Agricultural Preserve (City Council Initiated) ................................... 56 Disestablished or Enlargement of an Agricultural Preserve (application initiated) ...... 56 Disestablished or Diminishment of an Agricultural Preserve (City Council initiated) .... 56 R.'IS~I..ANNINGII..ANDFBES. NEW 16 P,m,ittd May ..,', 1993 vow Page Annexation Fees ............................................. 59 Appeal to Planning Commission ................................... 54 Appeal to City Council ......................................... 54 Applications for Grading Permits · Applications for Commercial Wind Energy Conservation System Permits (Commercial WECS Permits) ..................................... 53 Applications for Tree Removal .................................... 53 All other Applications (Initial Study Negative Declaration) ................... 53 Development Agreement ........................................ 59 If the Project Sponsor prepared the draft EIR ............................ 54 If pursuant to Section 706 of the rules for the city of Temecula implementing the California Environmental Quality Act, a previously prepared EIR is .utilized as the draft EIR ............................................... 54 Fault Hazard Report Review (CEQA) ................................ 54 Geologic Waiver ............................................. 54 Landscaping Plans ................................... ~ ......... 60 Liquefaction Report ....................... - .................... 54 Notice of Non-Renewal ........................................ 56 Projects Continued at Public Hearing ................................ 59 Public Hearing Fees ........................................... 59 Archival Research Fee for Planning Information ......................... 58 Research Fee for Planning Information ............................... 58 Research Fee for Historic Verification ............................... 58 Street Names ............ . ................................... 57 Vacation of Public Streets, Highways Code Section 8300, ET. SEQ .............. 57 R:~PLANNIN~..AND~NEW 17 Rm,ised May ~, 19~.~ vgw CITY OF TEMECULA 'S FEE SCHEDULE SECTION 1 The following fees shall be paid to the Public Works Department of the City of Temecula who shall make disbursements to the proper funds and accounts. 1. CHECKING SERVICES A. LEGAL DOCUMENTS 2. 3. 4. 5. 6. 7. 8. Certificate of Correction ................................... $600 Certificate of Compliance ................................... 600 Certificate of Parcel Merger ................................. 600 Summary Vacation ....................................... 920 Document Clearance and Processing ............................ 200 Condemnation (deposit) ................................... 2,000 Full General Vacation .................................... 4,155 Public Dedications (not related to Map) .......................... 920 B. FINAL MAP CHECKING Parcel Map Except Schedule E aL Planning Department .......................... 54 + $1.00/lot b. Public Works ............................. 750 + $20.00/lot c. Monument Review ................... 5 % of mon. bond/S250 rain d. Comprehensive Transportation Plan .........................4 Tract Maps and Schedule E Parcel Maps a. Planning ................................. 101 + $1.00/lot b. Public Works ..... ; ......................... 750 + $20/lot c. Monument Review ................... 5% of mon. bond/S250 rain d. Comprehensive Transportation Plan ......................... 8 3. Amended Maps (Parcel and Tract) ..................... (per sheet) 200 4. Fourth and subsequent submittal ....................... (per sheet) 100 3. 4. 5. FEMA Study Review a. CLOMR b. LOMR ......................................... c. LOMA ......................................... 2,000 Drainage up to 150 ac trib area .............................. 1,200 Drainage over 150 ac trib area ............................... 2,400 Traffic ............................................... 780 Transportation Demand Management. Study ........................ 250 R:tSIPLANNINGtI. ANDFF2S, NEW 18 Rested May ,~, 1993 ~8w CITY OF TEMECULA 'S FEE SCHEDULE PLAN CHECKING The initial submittal of improvement plans and final maps for Public Works Department review shall be accompanied by the design engineer's opinion of construction security cost estimate (based upon City of Temecula Public Works Department Construction Security Worksheet) and full payment of land development checking fees as specified herein. The Public Works Department shall approve the final construction cost estimate and establish the final plan check fee. Should the initially submiRed plan checking fees be determined to be inadequate, the balance due shall be paid prior to the approval of any maps or plans. 1. Improvement Plans C, Onsite Fees shown in percent of final construction cost estimate 4% of 1st 20,000 3.5% of next 80,000 3.25% over 100,000 Offsite - Fees shown in percent of final construction cost estimate 4% of 1st 20,000 3.5% of next 80,000 3.25% over 100,00 Revisions - Fee shown or as directed by the City Engineer 200/sheet Grading Plans a, One lot residential (0-500 cy) 300 (over 500 cy) 500 Plot Plans, Conditional Use Permits, Public Use Permits (0-5,000 cy) 500 (5,001-100,000 cy) 750 (+ $50 for each additional 10,000 cy over 100,000 cy) 1,000 Stockpile (0-5,000 cy) 300 (5,001-100,000 ey) 400 (over 100,000 cy) 500 Subdivisions a, c, Rough Grading Plan (0-5,000 ey) 500 (5,001-100,000 cy) 750 (+ $50 for each additional 10,000 cy over 100,000) 1,000 Precise Grading Plan (up to 50 lots) 5/lot (+ $4/1ot, 51-100 lots) 250 (+ $3/1ot over 100 lots) 450 Plan Revision, fee shown or as directed by 'the Public Works Department 200/sheet R:ISLPLANNING~IANDFEF~NEW 19 Revised May 5, 1993 vgw CITY OF TEMECULA 'S FEE SCHEDULE FEES CONSTRUCTION OBSERVATION Fees for Construction Observation shall be paid prior to the issuance of the permit A. IMPROVEMENTS Offsite and onsite parking lots - fees shown in percent of final construction cost estimate 4% of 1st 20,000 3.5% of next 80,000 3.25% of amount over 100,000 B, 2. Overtime ROUGH GRADING PERMITS cost plus 10% (0-500 CY) 350 (501-10,000 cy) 500 (10,001-100,000 cy) 1,000 (over 100,000 cy) 1,300 + 50/1,000 over 100,001 cy A. CONSTRUCTION - each fee listed herein includes a $25 issuance fee B, 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Concrete Sidewalk ........................... 75 + 0.05/If over 100' Pedestrian Bench .... : .................................... 25 Bus Stop Area (final construction cost estimate) ................ 25 + 5% 'Drainage Structure ............................... 25 + 500/each Bridge (final construction cost estimate) ....................... 25 + 5% Parkway Drain ............. . .............................. 65 Concrete Gutter ................................... 75 + 0.15/If Street Light (final construction cost estimate) ................... 25 + 5% Commercial Driveway ..................................... 100 Residential Driveway ....................................... 75 Curb/Curb and Gutter ............................... 75 + 0. 15/If Excavation/Street Crossing ........................... l/If (125 min) Excavation/Parallel .............................. 0.25/1f (125 rain) OTHER PERMITS - each fee listed herein includes a $25 issuance fee 2. 3. 4. , Block Party ............................................. 25 Movie Filming .................................... 25 + 50/day Tree Trimming ................................... 25 + 50/each Utility Company a. Blanket Permit 1 .......................... 25/month + 10/cut b. Blanket Permit 2 .......................... 100 year + 20/cut c. Minor/Major Construction Project ..................... 100/sheet (or as determined by the Department of Public Works) Service Cuts .................... ; ......... 25 + 1/If of excavation R-'kSLPL4NiV/NGIL4A, DF~'~ ~ 20 R~$M May :1, 1993 CITY OF TEMECUIA FEE CHEDULE 8. 9. 10. 11. 12. 13. Main Line .... 25 + l/If of excavation (or as determined by the Department of Public Works) USA Service No Fee Street Closures .......... ~ ........ ~ .............. 25 + 50/cai day Pedestrian Protection ...................................... 125 Blockwail (incl. retaining) Finai construction cost. estimate ........... 25 + 5 % Miscellaneous Construction ..... 5 + amt. determined by Public Works Department Transportation Permits, oversized or overweight vehicles a. Annual Permit b. Single Trip Permit ................................... 25 Any Permit issuance where inspection fees are paid under previous sections ..... 25 SPECIAL DISTRICTS ADMINISTRATION Land and Assessment Division Applications with Amended Assessment Diagram ..................... 375 + 15/parcel Land and Assessment Division Applications without Amended-Assessment Diagrams ....................... 575 + 15/parcel Special Districts Formation/Application .............. 1% of bond issue cost (2,000 initial cost) R:kS[PI. ANNINGELANDFI~S. NEW 21 Reviserl Mey N, 19~3 vlw CITY OF TEMECULA 'S FEE SCHEDULE SECTION 2 The fees for Ordinance No. 348, relating to land use shall be as follows: The following fees shall be paid to the Planning Department of the City of Temecula who shall make disbursement to the appropriate funds and accounts: 1. ADMINISTRATIVE PLOT PLAN , Planning ................................................... 176 Public Works 1. Comprehensive Transportation Plan .............................. 14 APPEALS TO PLANNING COMMISSION, CITY COUNCIL Planning 325 Fire (if conditions are appealed) .................................... 215 Public Works (if conditions are appealed) .............................. 435 1 Comprehensive Transportation Plan · · ............................. 26 CHANGE OF ZONE B. C. D. E, Planning ..................................................2,746 Environmental Health ........................................... 63 Fire ......................................................336 Public Works ................................................300 1. Traffic Study, if required ................................... 780 2. Comprehensive Transportation Plan ............................. 220 Parks ................................................. :... 300 CONDITIONAL USE PERMIT B. C. D. E. Planning ' - · ................................................. 3,815 Environmental Health 102 .................................................... 531 in and Safety ............................................. 30 Public Works .................................... 1,086 + $5/1ot or site 1. Traffic Study, if required ................................... 780 2. Comprehensive Transportation Plan ............................. 305 CONDITIONAL USE PERMIT (MOBILE HOME PARK) B. C. D. Planning .................................................. 3,533 Environmental Health .......................................... 102 ....................... 531 ........... 1,335 + $7/1ot or site 1. Traffic Study, if required ...................................780 2. Comprehensive Transportation Plan ....... ,. ................... : . 283 R:|StPI, jNIV'INGtI. ANDI:F~__f~ NEW RevixM May So 1~3 ~ CITY OF TEMECULA 'S FEE SCHEDULE 10. CONDITIONAL USE PERMIT (RECREATIONAL VEHICLE PARK) B. C. D. E. Planning ..................................................3,190 Environmental Health .......................................... 102 Fire ......................................................531 . Parks ................................ · .....................67 Public Works .................................... 1,170 + $7/1ot or site 1. Traffic Study, if required .................................. 780 '2. Comprehensive Transportation Plan ............................ 255 EXTENSION OF TIME - CONDITIONAL USE PERMITS B. C. D. Planning ................................................... 352 Environmental Health ........................................... 69 Fire ...................................................... 113 Public Works-. ............ - ................................... 225 1. Traffic Study, if required ................................... 780 2. Comprehensive Transportation Plan .... ........................... 28 EXTENSION OF TIME - PLOT PLANS B. C. D. Planning ................................................... 352 Environmental Health ........................................... 69 Fire ...................................................... 113 Public Works ............ · .................................... 225 1. . Traffic Study, if required ................................... 780 2. Comprehensive Transportation Plan .............................. 28 EXTENSION OF TIME - PUBLIC USE PERMITS B. C. D. Planning ................................................... 307 Environmental Health ...... ..................................... 69 Fire ...................................................... 113 Public Works ................................................ 225 1. Traffic Study, if required ................................... 780 2. Comprehensive Transportation Plan .............................. 25 EXTENSION OF TIME - VARIANCES B. C. D. Planning ................................................... 261 Environmental Health ........................................... 69 Fire ...................................................... 113 Public Works 1. Comprehensive Transportation Plan .............................. 21 R.'KSh°LAjVNINGtlANDFEE~ NEW Revisa~l May S, lPP$ CITY OF TEMECULA 'S FEE SCHEDULE 12. 13. 14. 15. 16. GENERAL PLAN AMENDMENT FILED WITH A SPECIFIC PLAN A, B. C. D. E. Planning ..................................................4,128 Environmental Health .......................................... 129 Fire ......................................................366 Parks .....................................................355 Public Works ................................................368 1. Comprehensive Transportation Plan ............................. 330 GENERAL PLAN AMENDMENT FILED WITHOUT A SPECH~IC PLAN B. C. D. E. Planning ..........................................4,249 + $38/acre Envkonmental Health .......................................... 129 Fire ......................................................366 Parks .....................................................355 Public Works ................................................368 1. Comprehensive Transportation Plan ............................. 340 GENERAL PLAN AMENDMENT - Circulation Public Works ............................................... 3,906 REVISED PERMITS WHICH DO NOT REQUIRE A PUBLIC HEARING A, Planning ................................................... 273 Fire ....................................................... 96 Public Works ................................................ 105 1. Traffic Study, if required ................................... 780 2. Comprehensive Transportation Plan .............................. 22 REVISED PERMITS WHICH REQUIRE A PUBLIC HEARING A, Planning ................................................... 590 Fire ....................................................... 94 Public Works ................................................ 155 1. Traffic Study, if required ................................... 780 2. Comprehensive Transportation Plan .............................. 47 CERTIFICATE OF ZONING COMPLIANCE AND PLOT PLANS WHICH REQUIRE FIELD INSPECTION BY LAND USE DIVISIONS A, B. C. D. Planning ................................................... 253 Director's Hearing for Outdoor Advertising per application (additional charge) ....... 262 Building and Safety ............................................. 30 Public Works 1. Comprehensive Transportation Plan. ............................. 20 2. (additional charge for Outdoor Advertising per application for a Director's Hearing per application) ....... · ........... ; ........ 21 R.'tStPLANNINGILANDFEEXNEW 24 Revised May 5, 1993 vRw CITY OF TEMECULA 'S FEE SCHEDULE 17. 18. 19. 20. PLOT PLANS FOR PROJECTS WHICH ARE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), ARE UNDER 10,000 SQUARE FEET BUT ARE REQUIRED TO BE TRANSMITfED BY THE PLANNING DEPARTMENT TO OTHER GOVERNMENTAL AGENCIES FOR REVIEW B. C. D.. Planning ................................................... 548 Environmental Health .......................................... 117 Fire ...................................................... 407 Public Works ............................................... 1,078 1. Traffic Study, if required ................................... 780 2. Comprehensive Transportation Plan .............................. 44 PLOT PLANS FOR PROJECTS WHICH ARE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND ARE NOT REVIEWED BY ANY GOVERNMENTAL AGENCIES OTHER THAT THE PLANNING DEPARTMENT Planning.. .................................................. 176 Public Works -_ 1. Traffic Study, if required ................................... 780 2. Comprehensive Transportation Plan .............................. 14 PLOT PLANS WHICH ARE NOT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (PROJECTS UNDER 10,000 SQUARE FEE'I) B. C. D. Planning ................ . ................................... 1,483 Environmental Health .......................................... 117 Fire ...................................................... 407 Public Works ............................................... 1,078 1 Traffic Study, if required · · .................................. 780 2. Comprehensive Transportation Plan ............................. 119 PLOT PLANS WHICH ARE NOT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (PROJECTS OVER 10,000 SQUARE FEET) B. C. D. Planning .................................................. 3,815 Environments/Health .......................................... 117 pF~1 ...................................................... 407 icWorks ............................................... 1,086 1. Comprehensive Transportation Plan ............................. 119 R:L$1PLANNINGIIANDFF, F_J. NEW 25 Rtvised May $, 1993 vgw CITY OF TEMECULA 'S FEE SCHEDULE 22. 23. 24. 25. 26. PUBLIC USE PERMIT B. C. D. Es Planning ..................................................3,707 Environmental Health .......................................... 185 Fire ...................................................... 625 · Public Works ............................................... 1,053 1. Comprehensive Transportation Plan ............................. 297 Parks ...................................................... 355 SECOND UNIT B. C. D. Planning .................................................. 1,772 Environmental Health ................................ · .......... 148 Fire ...................................................... 335 Public Works ................................................ 489 1. Comprehensive Transportition Plan ............................. 142 SETBACK ADJUSTMENT Planning ....................... ; ........................... 250 Public Works 1. Comprehensive Transportation Plan - .............................. 20 SPECIFIC PLAN OF LAND USE A, B. C. D. PIning ........................................... 9,254 + $33/ga Environmental Health .......................................... 142 Fire ..................... ; ................................. 649 Public Works ............................................ '.. . 2,905 1. Comprehensive Transportation Plan ............................. 740 Parks .................................................... 2,000 SPECFIC PLAN - ROAD SPECIHC PLAN A, Public Works ............................................... 4,039 SUBSTANTIAL CONFORMANCE FOR PERMITS UNDER SECTION 18.43 OF ORDINANCE NO. 348 Planning ................................................... 343 Public Works 1. Comprehensive Transportation Plan .............................. 27 R.'I$|PL4NNINGIlANDFEF~ 26 P,~sdsd May 5, 1993 CITY OF TEMECULA 'S FEE SCHEDULE 27. 28. 29. 30. 31. SUBSTANTIAL CONFORMANCE FOR SPECIFIC PLANS B. C. D. Planning .................................................. 1,319 Environmental Health ........................................... 57 Fire ...................................................... 198 Public Works ................................................ 138 1. Comprehensive Transportation Plan ............................. 106 Parks ...................................................... 75 TEMPORARY USE PERMIT NOT TO EXCEED SIX MONTHS A. Planning .................................................. 1,407 B. Environmental Health ................................ .. .......... 59 C. Fire .................................. · .................... 140 D. Building and Safety ............................................. 30 E. Public Works ................................................ 147 1. Comprehensive Transportation Plan ..... ' ........................ 113 VARIANCE FILED SIMULTANEOUSLY WITH AN APPLICATION FOR A LAND DIVISION, CONDITIONAL USE PERMIT, OR PLOT PLAN. B. C. D. Planning .................................... · ............... 571 Environmental Health ........................................... 56 Fire ...................................................... 315 Public Works ................................................. 79 1. Comprehensive Transportation Plan .............................. 46 VARIANCE FILED ALONE B. C. D. E. Planning .................................................. 1,476 Environmental Health ........................................... 56 Fire ............ - .......................................... 315 Building and Safety ...................... ~ ....................... 31 Public Works 1. Comprehensive Transportation Plan ............................. 118 ACCESSORY WECS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Planning ................................................... 372 Fire ...................................................... 360 Public Works 1. Comprehensive Transportation Plan .............................. 30 P..'kS~PZANNING~LANDFEF..$.2VEW 27 Revit, vd May 5, 1993 vgw CITY OF TEMECUIA FEE SCHEDULE 33. 34. 36. 37. 38. ACCESSORY WECS NOT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Planning ................................................... 553 Fire ...................................................... 360 Public Works 1. Comprehensive Transportation Plan .............................. 44 COMMERCIAL WECS PERMIT A, B. C. D. Planning .................................................. 3,045 Environmental Health ........................................... 54 Fire ........................................... ; .......... 360 Public Works ................................................ 668 1. Comprehensive Transportation Plan ............................. 244 WECS NOISE STUDY A. Environmental Health ..................................... 500 deposit ZONING INFORMATION LETTER Planning .................................................... 18 Public Works 1. Comprehensive Transportation Plan .............................. 1 LARGE FAMILY DAY CARE HOME A, B. C. D. Planntng ..................................................'. 436 Environmental Health ........................................... 83 ,Fire ......................................................255 Public Works ..........................1 078 1. Traffic Study, if required ................................... 780 2. Comprehensive Transportation Plan .............................. 35 HAZARDOUS WASTE FACILITY SITING PERMIT Planning ........................................... 10,683 + $36/ga Environmental Health Public Works .................................... 1,000 deposit ............................................... 1,214 1. Traffic Study, if required ................................... 041 2. Comprehensive Transportation Plan ....................... 855 + $3/ga KENNELS AND CATTERIES WHICH ARE PROCESSED UNDER SECTION 18.45 Planning ................................................... 331 Environmental Health ........................................... 42 Public Works 1. Comprehensive Transportation Plan .............................. 26 R.'tS~PLAN~Gtl,4NDJ~NBW 28 Revised May .$, 1993 CITY OF TEMECULA 'S FEE SCHEDULE 39, 41, 42, 43, 45, MINOR TEMPORARY OUTDOOR EVENT WHICH IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) B. C. D. Planning .................................................... 1~ Environmental Health Sheriff's .................................................... 27 Public Works ................................................. 8 1. Comprehensive Transportation Plan .............................. 8 MINOR TEMPORARY OUTDOOR EVENT WHICH IS NOT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Planning ................................................... 424 Environmental Health Public Works ................................................ 168 1. Comprehensive Transportation Plan .............................. 34 MAJOR OUTDOO. R EVENT B. C. D. Planning ~bli~ W,;r~ .................................... ' ............. 6S Sheriff ..................................................... 27 Environmental Health REGULARLY SCHEDULED EVENT WHICH IS PREEXISTING AND EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) A. Planning 73 B. Public Works ............................................... '.. 6 REGULARLY SCHEDULED EVENT WHICH HAS NOT BEEN HELD BEFORE iND IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQX) A, Planning ................................. . .................. 789 B, Public Works 1, Comprehensive Transportation Plan ...................... ~ ........ 63 REGULARLY SCHEr}ULED EVENT WHICH HAS NOT BEEN HELD BEFORE AND IS NOT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQAJ A, Planning .................................... :, ............. · 850 B, Public Works 1, Comprehensive Transportation Plan .............................. 68 SUBSTANTIAL CONFORMANCE FOR COMMERCIAL AND ACCESSORY WECS PERMITS A, Planning ................................................... 407 B, Public Works 1, Comprehensive Transportation Plan .............................. 33 R:~LANNIN6~LANDF~J~q NEW 29 Re~d May N, 1993 vlw CITY OF TEMECULA 'S FEE SCHEDULE 47. FEES ORDINANCE NO. 348 CONSISTENCY DETERMINATION FOR KENNELS Planning .................................................... 25 Public Works 1. Comprehensi{,e Transportation Plan .............................. 2 Whenever an application for a change of zone, permit, or variance is terminated for any reason, the Planning Department may, in accordance with the Refund Policy Statement adopted by the City Council, refund fees paid, upon the written request of the applicant. If any portion of the application fees have been paid by the Planning Deparunent to another jurisdiction, agency, or department for the performance of services related to the application, the Planning Department will not refund any such portion of their fees until the other jurisdiction, agency, or department authorizes the Planning Department to do so. In the absence of such authorization, it will be the applicant's responsibility to contact the other jurisdiction, agency, or department for a refund of the fees paid to it, in accordance with the Refund Policy Statement. REFUND OF FEES - ORDINANCE NO. 348 The Planning Department shall retain a processing fee of $75.00 from the total amount to be refunded .............................. 75 R.'|S~PLANNING~L41V'DFEF. X N~t 30 ~ M~y 5, I~93 vSw CITY OF TEMECULA 'S FEE SCHEDULE SECTION 3 The fees for Ordinance No. 431, regulating and controlling the location and operation of hog ranches, shall be as follows: , , 1. NEW PERMIT APPLICATION FEE Planning .................................................. 1,639 Public Works 1. Comprehensive Transportation Plan ............................. 131 INSPECTION FEE A, Planning ................................... 16 per 100 hogs rain of $127 Public Works 1. Comprehensive Transportation Plan .............. 1 per 100 hogs rain of $10 LATE FEE -_ A. Planning . .................................. 25 95 of required inspection fee B. Public Works 1. Comprehensive Transportation Plan ............. 295 of required inspection fee AMENDMENT OF PERMIT (CHANGE IN NUMBER OF HOGS AT PERMrlTEE'S OPTION) A. Planning .................................................... 26 B. Public Works 1. Comprehensive Transportation Plan .............................. 2 AMENDMENT OF PERMIT (INCREASE IN MAXIMUM ALLOWABLE NUMBER OF HOGS) A. Planning ................................................... 169 B. Public Works 1. Comprehensive Transportation Plan .............................. 14 R.'LStPIANNINGtL.4t~DFEES.,VEW 31 R,t~ted May 5, 1993 CITY OF TEMECULA 'S FEE SCHEDULE SECTION 4 FEES The fees for Ordinance No. 458, Relating to the regulation of flood hazard areas and implementing the National Flood Insurance Program, shall be as follows: APPLICATIONS INVOLVING LAND WHICH LIES WITHIN THE BOUNDARIES OF THE MAPS DESCRIBED IN SECTION 3 OF ORDINANCE NO. 458, EXCLUDING PARAGRAPH E A. Public Works ..................................... 410 + $180/bldg site APPLICATIONS INVOLVING LAND WHICH LIES WITHIN THE BOUNDARIES OF THE MAPS DESCRIBED IN SECTION 3, PARAGRAPH E ORDINANCE 458 A. Public Works ..................................... 410 + $180/bldg site APPLICATION FOR AN APPEAL OR VARIANCE City Clerk .................................................. 60 R: I$~PLANNING~.AIqDFEF_~ NEW Re,seal Mr), 5, IPP3 v~w CITY OF TEMECULA 'S FEE SCHEDULE SECTION 5 The fees for Ordinance No. 460, relating to the division of land shall be as follows: FEES The following fees shall be paid to the Planning Director of the City of Temecula who will disburse the fees to the appropriate funds and accounts. MULTI-FAMILY RESIDENTIAL TRACTS , TENTATIVE STATUTORY CONDOMINIUM SUBDIVISION MAP FILING (SEWERS) A. Planning ....................................4,764 + $65/unit + $2 1 /ga B. Environmental Health .......................................... 510 C. Fire ......................................................544 D. Public Works ..........................................877 + $S/ga 1. Traffic Study, if required ................................... 780 2. Comprehensive Transportation Plan .... : ........... 381 + $5/unit + $2/ga TENTATIVE STATUTORY CONDO MINIUM SUBDIVISION MAP FILING (SUB-SURFACE DISPgSAL) B. C. D. Planning ..................................... 4,764+ $65/unit + $2/ga EnvironmentalHealth ......................................... 1,144 Fire ...................................................... 544 Public Works ............ : ............................. 900 + $S/ga 1. Traffic Study, if required ................................... 780 2. 'Comprehensive Transportation Plan ................ 381 + $5/unit + $2/ga REVISED STATUTORY CONDOMINIUM SUBDIVISION MAP FILING (WITHIN TWO YEARS OF ORIGINAL APPROVAL) B. C. D. Planning .............................. 5,131 + $70/add unit + $22/add ga Environmental Health ..........................................194 Fire ...................................................... 159 Public Works ................................................ 300 1. Traffic Study, if required ...................................780 2. Comprehensive Transportation Plan ........... 410 + $6/add unit + $2/add ga REVISED STATUTORY CONDOMINIUM SUBDIVISION MAP FILING (AFTER TWO YEARS OF ORIGINAL APPROVAL) A, B. C. D. Planning .............................. 5,131 + $70/add unit + $22/add ga Environmental Health .......................................... 194 Fire ...................................................... 178 Public Works ................................................ 300 1. Traffic Study, if required ...................................780 2. Comprehensive Transportation Plan ........... 410 + $6/add unit + $2/add ga R.'tStPLANNINGtLANDFt~'~: tVEW 33 Revistd May 5, 1993 vgw OF TEMECUIA FEE CHEDULE ~ oARCEL MAPS TENTATIVE COMMERCIAL OR INDUSTRIAL PARCEL MAP (SEWERS) B. C. D. Planning .................................... 2,980 + $20/1ot + $20/ga Environmental Health .......................................... :510 Fire ...................................................... :547 Public Works ......................................... 1,361 + $:5/1ot '1. Traffic Study, if required ................................... 780 2. Comprehensive Transportation Plan ................. 238 + $2/1ot + $2/ga Parks ..................................................... 355 6. COMMERCIAL OR INDUSTRIAL PARCEL MAP (SUBSURFACE DISPOSAL) , B. C. D. Planning .................................... 2,980 + $20/1ot + $20/ga Environmental Health ....... -. .................................1,144 Fire ...................................................... 547 Public Works .. -. ...................................... 1,361 + $5/1ot 1. Traffic Study, if required: ........ ' .......................... 780 2. Comprehensive Transportation Plan ................. 238 + $2/1ot + $2/ga Parks ..................................................... 355 TENTATIVE RESIDENTIAL PARCEL MAP WITH WAIVER OF FINAL MAP B. C. D. E, Planning ...........................................1,332 + $86/1ot Environmental Health .......................................... 372 Fire ......................................................547 Public Works ..........................................618 + $57/1ot 1 Traffic Study, if required ' · · .................................. 780 2. Survey ............................................... 260 3. Comprehensive Transportation Plan ....................... 107 + $7/1ot Parks ............................... . ...................... 355 TENTATIVE RESIDENTIAL PARCEL MAP WITHOUT WAIVER OF FINAL MAP B. C. D. PIning ...........................................1,213 + $90/1ot Environmental Health .......................................... 396 Fire ......................................................:547 Public Works ..........................................618 + $5/1ot 1. Traffic Study, if required ................................... 780 2. Comprehensive Transportation Plan ........................ 97 + $7/1ot Parks ..................................................... 355 R:Lg~NGtL4ND~ NEW Re~ed M~y S, 11~3 CITY OF TEMECULA 'S FEE SCHEDULE REVISED PARCEL MAP FILING (RESIDENTIAL, COMMERCIAL AND INDUSTRIAL PARCEL MAPS; WITHIN TWO YEARS OF ORIGINAL APPROVAL) 10. B. C. D. Planning ......................................... 351 + $84/add lot Environmental Health .......................................... 140 · Fire ................................. ..................... 1~9 Public Works ................................................ 248 1. Traffic Study, if required ................................... 780 '2. Comprehensive Transportation Plan ..................... 28 + $7/add lot Parks ..................................................... 178 REVISED PARCEL MAP FILING (COMMERCIAL AND INDUSTRIAL PARCEL MAPS AFTER TWO YEARS OF ORIGINAL APPROVAL) B. C. D. Planning ......................................... 351 + $44/add lot Environmental Health ....... - ................................... 140 Fire ...................................................... 170 Public Works . .- .............................................. 318 1. Traffic Study, if required: ........ ' .......................... 780 2. Comprehensive Transportation Plan ........................ 28 + $4/1ot Parks ..................................................... 178 11. REVISED RESIDENTIAL PARCEL MAP (AFTER TWO YEARS OF ORIGINAL APPROVAL) B. C. D. Planning ' ......................................... 414 + $100/add lot Environmental Health .......................................... 140 Fire. ' ..................................................... 113 Public Works ................................................. 318 1. Traffic Study, if required ............................... L ... 780 2. Comprehensive Transportation Plan ..................... 33 + $8/add lot Parks ..................................................... 178 SINGLE-FAMILY RESIDENTIAL TRACTS 12. TENTATIVE SUBDM SION MAP NOT IN TIlE R-2, R4 OR R-6 ZONE (SEWERS) B. C. D. Planning .................................... 2,857 + $82/1ot + $20/ga Environmental Health .......................................... 510 Fire ................................. . .....................544 Public Works ......................................... 1,496 + $5/1ot 1 Traffic Study, if required · · .................................. 780 2. Comprehensive Transportation Plan .................. 229 + $7/1ot + 2/ga Parks ..................................................... 355 Re, red May $, 199~ CITY OF TEMECULA 'S FEE SCHEDULE 14. 15. 16. FEES TENTATIVE SUBDIVISION MAP IN THE R-2, R-4 OR R-6 ZONE B. C. D. E. Planning .................................... 4,990 + $90/1ot + $21/ga Environmental Health .......................................... 510 Fire ...................................................... :544 Building and Safety ............................................. 24 Public Works ......................................... 1,496 + $5/1ot 1. Traffic Study, if required ................................... 780 2. Comprehensive Transportation Plan ................. 399 + $7/lot + $2/ga TENTATIVE SUBDM SION MAP NOT IN THE R-2, R4 OR R-6 ZONE (SUB-SURFACE DISPOSAL) Ae B. C. D. Hanning .................................... 2,857 + $82/1ot + $20/ga EnvironmentalHealth ......................................... 1,144 Fire Public Works ......................................... 1,496 + $5/1ot 1. Traffic Study, if required ................................... 780 2. Comprehensive Transportation Plan ................. 229 + $7/1ot + $2/ga Parks ..................................................... 355 REVISED TENTATIVE SUBDIVISION MAP (WITHIN TWO YEARS OF ORIGINAL APPROVAL) A, B. C. D. E, Planning ................................ 2,798 +$62/add lot + $19/add ga Environmental Health .......................................... 194 Fire ...................................................... 159 Public Works ................................................ 318 1. Comprehensive Transportation Plan ............ 224 + $5/add lot + $2 add ga Parks ..................................................... 355 REVISED TENTATIVE SUBDIVISION MAP (AFTER TWO YEARS OF ORIGINAL APPROVAL) B. C. D. E, Planning ...............................2,798 + $62/add lot + $19/add ga Environmental Health .......................................... 194 Fire ...................................................... 178 Public Works ................................................ 318 1. Comprehensive Transportation Plan ............ 224 +$5/add lot + $2/add ga Parks ....................................... / .............. 355 R:iSIPLANMN~FEF~NEW ~ Revised May 5, 1993 vgw CITY OF TEMECULA 'S FEE SCHEDULE VESTING TENTATIVE MAP 17. VESTING STATUTORY CONDOMINIUM SUBDIVISION MAP FILING 18. FEE__ S 19. 20. 21. B. C. D. E, Planning ....................................4,983 + $90/unit+ $21/ga Environmental Health ......................................... 1,144 Fire ......................................................544 Public Works ........................................1,574 + $63/ac 1. Traffic Study, if required ................................... 780 2. Comprehensive Transportation Plan ................ 399 + $7/unit + $2/ga Parks ..................................................... 355 VESTING TENTATIVE PARCEL MAP B. C. D. E, Planning ....................................4,846 + $88/1ot + $21/ga Environmental Health ......................................... 1,144 Fire.. :-. ..................................................544 Public Works..-~ .....................................1,574 + $57/1ot 1. Traffic Study, if required ................................... 780 2. Comprehensive Transportation Plan ................. 388 + $7/1ot + $2/ga Parks ..................................................... 355 VESTING TENTATIVE SINGLE-FAMILY RESIDENTIAL TRACT A. Planning ................ . .................... 4,698 + $84/1ot + $20/ga B. Environmental Health C. · ........................................ 1,144 Fire ...................................................... 544 D. Public Works ........................................ 1,574 +$57/1ot 1. Traffic Study, if required ................................... 780 2. Comprehensive Transportation Plan ................. 376 + $7/lot + $2/ga E. Parks ..................................................... 355 APPEALS (SUBDIVISION) Planning ................................................... 331 Fire (If fire conditions are appealed) ................................. 215 Public Works ................................................ 126 1. Comprehensive Transportation Plan .............................. 26 APPEAL (EXTENSION OF TIME) A, Planning ................................................... 331 Public Works 1 Comprehensive Transportation Plan · · ............................. 7 R.'LSXPLANNING~.ANDFEE,$.NEW 37 Revised May 5, 1993 vgw CITY OF TEMECULA 'S FEE SCHEDULE 23. 24. CERTIFICATE OF LAND DIVISION COMPLIANCE (FEE PER PARCEL) A. Planning ................................................... 356 B. Environmental Health .......................................... 126 C. Fire ...................................................... 104 D. . Public Works 1. Comprehensive Transportation Plan .............................. 8 CERTiHCATE OF LAND DMSION COMPLIANCE WITH WAIVER OF FINAL PARCEL MAP (FEE PER PARCEL) Planning ................................................... 100 Fir~ ............................................ . .......... 104 Public Works 1. Comprehensive Transportation Plan .............................. 8 EXTENSION OF TIME (SUBDIVISION) Planning ................................................... 268 Public Works 1. Comprehensive Transportation Plan .............................. 21 Parks ..................................... : ............... 200 EXTENSION OF TIME (PARCEL MAP) C, Planning ................................................... 274 Public Works 1. Comprehensive Transportation Plan ............................... 22 Parks R:L~La'NNINGiZ'4ND~ $8 Re~,se~ M~y 5, 1P95 ~p, CITY OF TEMECULA 'S FEE SCHEDULE 26. 27. 29.. 30. 31. LAND DMSION UNIT MAP FILING (PHASING) Planning ................................................... 187 Fire ...................................................... 100 Public Works ................................................ 147 1. Comprehensive Transportation Plan .............................. Planning ................................................... 430 Environmental Health ........................................... 96 Public Works ................................................ 168 1. Comprehensive Transportation Plan ................... . ........... 34 MINOR CHANGE (SUBDIVISION) Planning .......................... : ........................ 470 Fire... ...... - ........................................ · ...... 100 Public Works ................................................ 124 1. Traffic Study, if required ....... ; ........................... 780 2. Comprehensive Transportation Plan .............................. 38 MINOR CHANGE (PARCEL MAP) Planning ................................................... 4S9 Fire ...................................................... 100 Public Works ................................................ 124 1, Traffic Study, if required ................................... 780 2, Comprehensive Transportation Plan .............................. B7 MERGER OF CONTIGUOUS PARCELS Planning · ................................................... SO0 Public Works 1. Survey ................................................ 65 2. Comprehensive Transportation Plan .............................. 40 REVERSION TO ACREAGE B. C. D. Planning ...................................................392 Environmental Health ........................................... 69 Fire ......................................................104 Public Works 1 Comprehensive Transportation Plan · , ............................. 3:2 R"tShnLANN/NG'WAND~/~ 39 Reinear May 5. 19P3 ~w CITY OF TEMECULA 'S FEE SCHEDULE SPECIAL SERVICE LETTER A. Planning ................................................... 183 B. Public Works 1. Comprehensive Transportation Plan .............................. 15 AMENDMENT OF FINAL MAP 33. STATUTORY CONDOMINIUM SUBDIVISION AND SINGLE-FAMILY RESIDENTIAl, TRACTS 34. Planning ................................ 1,709 + $18/1ot change + $10/ga Public Works ............................................... 1,350 1. Comprehensive Transportation Plan ............ 137 + $1/lot change + $1/ga PARCEL MAPS Planning ...................................... 1,592 + $16/1ot + $9/ga Public Works . . -, ....................................... ; .... 1,200 1. Comprehensive Transportation Plan ....................... 127 + $1/1ot REQUEST FOR EXTENSION OF TIME TO COMPLETE Off-SITE IMPROVEMENTS A, Public Works ................................................ 147 STREET NAME APPROVAL AFTER PRIOR APPROVAL (ALL SCIIEDULES) A. Public Works ..................................... 70 + $10/add street 37. LOT REVISION AFrER CHECKING A, Public Works .............................................. $20/1ot FILING FEES FOR EXPIRED RECORDABLE SUBDIVISION MAPS If a tentative tract map is submitted to the Planning Director within 90 days of the expiration date of an expired recordable subdivision map on the same property and' the new tentative tract map is no different than the lines of the expired map, the land divider shall pay the filing fees specified in this subsection. 38. IN LIEU OF THE FILING ~ PROVIDED FOR SINGLE-FAMILY RESIDENTIAL TRACTS IN SUBPARAGRAPHS A, B, AND C OF PARAGRAPH 3 OF SUBSECTION B OF THIS SECTION, THE FOLLOWING FEES SHALL BE PAID: A, Planning .................................... 1,681 + $15/1ot + $15/ga Public Works .......................................... 750 + $5/1ot 1. Comprehensive Transportation Plan ................. 134 + $1/lot + $1/ga R:LSTPLANNING~L4NDFBFANEW 40 Revi$~l M~y 5, 1P93 vgw CITY OF TEMECULA 'S FEE SCHEDULE 39. IN LIEU OF THE FILING FEES PROVIDED FOR MULTI-FAMILY RESIDENTIAL TRACTS IN SUBPARAGRAPHS A AND B OF PARAGRAPH 1 OF SUBSECTION B OF THIS SECTION, THE FOLLOWING FEES SHALL BE PAre: Planning ...................................... 1,829 + $16/ga Public Works ...................... ............... 750 + $8/ga a. Comprehensive Transportation Plan .................. 146 + $1/ga IN LIEU OF THE FILING FEES PROVIDED FOR IN PARAGRAPHS 4 AND 6 OF SUBSECTION D OF THIS SECTION, THE FOLLOWING FEES SHALL BE PAID: FINAL SUBDIVISION MAP FILING Planning ............................... . .............. 101 + $1/lot Public Works .......................................... 603 + $5/1ot 1. Comprehensive Transportation Plan .............................. 8 FINAL STATUTORY CONDOMINIUM MAP Planning ............................................. 101 + $1/lot Public Works Up to 10 ac gross ...................... 600 + $25/ga 1,250 max 1. Comprehensive Transportation Plan .............................. 8 41. FOR THE PURPOSES OF THIS SUBSECTION, AN EXPIBEr} RECORDABLE SUBDM SION' MAP SHALL MEAN AN APPROVED TENTATIVE TRACT MAP FOR WHICH APPROVED IMPROVEMENT PLANS AND MYLARS HAD BEEN SUBMITrED TO THE CITY ENGINEER THE FINAL 'MAP WAS READY FOR SIGNATURE, AND THE FINAL MAP COULD HA~ BEEN RECORDED ON THE SUBMISSION OF APPROVED SECURITY AND AGREEMENTS. THE DETERMINATION OF WHETHER ANY MAP CONSTITUTES AN EXPIRED RECORDABLE SUB-DIVISION MAP SHALL BE MADE BY THE CITY ENGINEER. 42. NOTHING CONTMNED IN THE SUBSECTION SHALL BE CONSTRUCTED TO PREVENT OR PROHIBIT THE IMPOSITION OF ADDITIONAL OR DIFFERENT CONDITIONS ON THE NEW TENTATIVE MAP. THE FILING FEES CONTAINED IN THE SIIBSECTION SHALL BE APPLICABLE IF ANY CHANGES OR ALTERNATIVES ARE REQUIRED TO BE MADE TO THE TENTATIVE AMP OR FINAL MAPS OR THE IMPROVEMENT PLANS AS A DIRECT RESULT OF THE IMPOSITION BY THE CITY OF ADDITIONAL OR DIFFERENT CONDITIONS; HOWEVER, IF THE LAND DIVIDER MAKES ANY CHANGES OR ALTERATIONS TO THE TENTATIVE OR FINAL MAPS OR TO THE IMPROVEMENT PLANS WHICH ARE NOT THE DIRECT RY_SULT OF THE IMPOSITION OF ADDITIONAL OR DIFFERENT CONDITIONS BY THE CITY, THE LAND DIVIDER SHALL BE REQUIRED TO PAY ALL THE FILING FEES SPECIFIED IN SUBSECTIONS A THROUGH D OF THIS SECTION. R.'~StPLANNINGiLANDFEFAREW 41 Rm:i, sed May 5, 1993 vgw CITY OF TEMECULA 'S FEE SCHEDULE QUALITY ELEMENT FEE 43. IN ADDITION TO THE FEES ~ FORTH IN SUBSECTION A, B AND E. OF THIS SECTION, THE APPLICANT FOR ANY RESIDENTIAL; TENTATIVE SUBDM SION MAP OR RESIDENTIAL PARCEL MAP SHALL PAY A FEE OF $11 PER LOT AND THE APPLICANT FOR ANY STATUTORY CONDO MINIUM SUBDIVISION MAP SHALL PAY A FEE OF $11 PER UNIT OR THE PURPOSES OF PREPARING AND IMPLEMENTING AN AIR QUALITY ELEMENT OF THE GENERAL PLAN. A. AIR QUALITY ELEMENT FEE 1 Planning ........................................ $11/lot or unit REFUND OF FEES OF ORDINANCE NO. 460 WHENEVER AN APPLICATION FOR A LAND DIVISION OR RELATED APPLICATION IS TERMINATED FOR ANY REASON, THE PLANNING DEPARTMENT MAY, IN ACCORDANCE WITH REFUND POLrEY STATEMENT ADOPTED BY THE CITY COUNCIL, REFUND FEES PAID, UPON THE WRITTEN REQUEST OF THE APPLICANT. IF ANY PORTION OF THE APPLICATION FEES HAS BEEN PAID BY THE PLANNING DEPARTMENT TO ANOTHER JURISDICTION, AGENCY, OR DEPARTMENT FOR THE PERFORMANCE OF SERVICES RELATED TO THE APPLICATION, THE PLANNING DEPARTMENT WIIJ~ NOT REFUND ANY SUCH POTION OF FEES UNTIL THE OTHER JURISDICTION, AGENCY, OR DEPARTMENT AUTHORIZES THE PLANNING DEPARTMENT TO DO SO. IN THE ABSENCE OF SUCH AUTHORIZATION, IT WILL BE THE APPLICANT'S RESPONSIBILITY TO CONTACT THE OTHER JURISDICTION, AGENCY, OR DEPARTNfENT OR A REFUND OF THE FEES PAID TO IT, IN ACCORDANCE WITH THE REFUND POLICY STATEMENT. 45. THE PLANNING DEPARTMENT SHALL RETAIN A PROCESSING FEE OF $75 FROM THE TOTAL AMOUNT TO BE REFUNDED ................................... 75 R:LS~PLANNINGkLANDFEF_..S. NEW 42 Re~$ed May 5, 1993 CITY OF TEMECULA 'S FEE SCHEDULE SECTION 6 The fees for Ordinance No. 546, relating to fire protection regulations shall be paid to the Fire Chief and deposited into the general fund, and shall be as follows: PLAN CHECKS AND INSPECTIONS- FIRE 1. PLAN CHECKS - BUILDINGS A. Fire ...................................................... 558 2. SITE INSPECTIONS (WHERE REQUIRED) A. Fire ...................................................... 138 3. DIVISION OF REAL ESTATE LETTERS (INCLUDING SELF-ADDRESSED, STAMPED ENVELOPE) A. Fire ....................................................... 84 4. MAJOR INDUSTRIAL PROJECT, RESEARCH REPORTS A. Fire (time & charges - deposit) ..................................... 560 5. FIRE PROTECTION SYSTEMS, PLAN. CHECKS INSPECTIONS A. Fire ...................................................... 558 6. "HOOD DUCT" SYSTEM PLAN CHECK AND INSPECTIONS A. Fire ...................................................... 354 7. FOLLOW-UP INSPECTION FOR "NONCOMPLIANCE" A. Fire ...................................................... 138 FIRE SAFETY INSPECTIONS (LICENSED CARE) 1. First Inspection (New License) A. 6 or less 1. Fire B. 7 or more 1. Fire ................................................. 162 R.'tSIPIANNING~4NDFEF. S. NEW 43 Rt, vi$~l May 5, 1~ yew CITY OF TEfi/IECULA 'S FEE SCHEDULE Inspection for Change in License A. Fire ....................................................... 81 3. Annual Inspection (No Change in Occupancy) A. Fire 4. Follow-up Inspection for "Noncompliance" A. Fire ....................................................... 16 FIRE SAFETY INSURANCE (COMMERCIAL/INDUSTRIAL) 1. Retail Buildings/locations A. Up through 2,499 sq. ft. 1. Fire B. 2,500 through 4,999 sq. ft. 1. Fire .................................................. 82 C. 5,000 sq. ft. or more 1. 'Fire ................................................. 124 2. Manufacturing Fire ...................................................... 124 Commercial A. Up through 4,999 sq. ft. 1. Fire .................................................. 82 B. 5,000 sq. ft. or more 1. Fire ................................................. 124 Restaurants Up through 4,999 sq. ft. 1. Fire ' I~'|S~PLANNING~jINDFEF~NEW 44 Re~l~d May 5, 199..~ vSv,, CITY OF TE ,IECUIA 'S FEE SCHEDULE 10. 11. B. 5,000 sq. ft. or more Fire ................................................. 124 Hotel/Motels/Apartments A. Fire (per story) ........................................ 82 + $3/unit Mobile Home RV Parks - Incidental Use Areas Fire ........................................... 82 + $3/site over 20 Follow-up Inspection for "Noncompliance" Fire ...................................................... 121 Miscellaneous A. Tank Installation Use or Permit, and Inspections Fire (one tank) plan check permit & inspection includes propane tanks .......................... 208 + $32/add tank Water System Flow Test Fire (per hydrant) ............................................. 171/per hyd Special Inspections (Access, Clearance, Housekeeping, etc. A, Fire ...................................................... 121 R:kq~PLANNING~4NDi:EF~NEW 45 Re~$ed May 5, 1993 v$w CITY OF TEMECULA 'S FEE SCHEDULE SECTION 7 The fees for Ordinance No. 647, relating to the implementation of the Alquist-Priolo Special Studies Zones Act, shall be as follows: 1. FILING OF A GEOLOGIC REPORT FOR APPROVAL Planning - par up to 10 ac ............................... 4S1 + $16/add ac 'Public Works 1. Comprehensive Transportation Plan ................ 36 + $2/add ac max S0 2. WAIVER OF GEOLOGIC REPORT Planning .............................................. 58 + $324 upon submission to State Geologist of recommendation of approval of waiver by the City Engineer Public Works 1. Comprehensive Transportation Plan .......................... 5 + $26 upon submission to State Geologist of re, comme, ndation of the City Engineer R: 15~PLANNING~..ANDFE. F..$. NEW Rt, t4aed Ma~ 5, 1993 CITY OF TEMECULA 'S FEE SCHEDULE SECTION 8 The fees for Ordinance No. S55, relating to the implementation of the Surface Mining and Reclamation Act of 197:5, shall be as follows: 1. SURFACE MINING PERMIT , , D, Planning ..................................................3,723 'Environmental Health .......................................... 141 Public Works ............................................... 1,339 1. Traffic Study, if required ................................... 780 2. Comprehensive Transportation Plan ............................. 298 Parks ..................................................... 355 RECLAMATION PLANS JANUARY 1, 1976 ' SUBMI'FrlsD FOR ~ OPERATION CONDUCTED AFTER A, Planning ..... - .............................................. 1,727 Public Works ............. : ........ .......................... 410 1. Traffic Study, if required ................................... 780 2. Comprehensive Transportation Plan ............................. 138 APPEAL OF PLANNING COMMISSION DECISION Planning ............... ' .................................... 307 Public. Works (if road conditions are appealed) ............................ 62 1. Comprehensive Transportation Plan .............................. 25 SUBSTANTIAL CONFORMANCE Planning ................................................... 199 Public Works 1 Comprehensive Transportation Plan · · ............................. 16 REVISED PERMIT Planning ................................................... 785 Public Works 1. Comprehensive Transportation Plan ........ . ...................... 63 R: k$1PLANNIN GtLANDFEES. REW Rt~-,4 May S, 1993 vSw CITY OF TEMECULA 'S FEE SCHEDULE f"' SECTION 9 The fees for Ordinance No. 559, relating to the removal of frees, shall be as follows: 1. APPLICATION FOR A PERMIT TO REMOVE ONE OR MORE NATIVE LIVING TREES A. Planning ................................................... 214 B. Public Works 1. Comprehensive Transportation Plan .............................. 17 R:k~IPLANNING'~LAND~NEW 48 Rt~Jed May 5, 193 ~g~ CITY OF TEMECULA 'S FEE SCHEDULE FEES SECTION 10 The fees for Ordinance No. $78, providing for the establishment of historic preservation districts shall be as follows: 1. CERTIFICATE OF HISTORIC APPROPRIATENESS Planning ................................................... 189 Parks ..................................................... 111 Public Works 1. Comprehensive Transportation Plan .............................. 15 2. APPEALS Am Planning ................................................... 106 Public Works 1. Comprehensive Transportation Plan .............................. 8 R.'~P~G~I..4J~DFEE.$.N~'~V 4~ Revi~wl May 5o 1993 CITY OF TEMECULA 'S FEE SCHEDULE SECTION 10 The fees for Ordinance No. 650, regulating the discharge of sewage in the City of Temecula and providing penalties for violations shall be as follows: FOR EACH PARCEL NOT IN THE SAME LAND DIVISION, LARGER THAN 10,000 SQ. FT. IN SIZE, NOT IN AN IDENTIH~ CRUCIAL AREA AND WHERE NO SITE EVALUATION IS REQUIRED (SUBSURFACE DISPOSAL SYSTEM) A. Environmental Health ........................................... 153 FOR MULTIPLE PARCELS WITHIN THE SAME LAND DIVISION (SUBSURFACE DISPOSAL SYSTEMS) A. For each of the first four (4) Parcels Environmental Health ....................................... 55 For each parcel with the same land division after the first four (4) parcels within that land division 1. Environmental Health ....................... - ................ 55 SUBSURFACE SEWAGE DISPOSAL PLAN RE-RE~ WHERE A SECOND REVIEW IS NEEDED DUE TO MODIHCATIONS, ADDITIONS, OR DELETIONS TO A PREVIOUSLY APPROVED DESIGN A. Environmental Health .......... · ................................... 55 ALTERNATIVE AND EXPERIMENTAL SEWAGE DISPOSAL SYSTEMS INCLUDING ON-SITE EVALUATION PLAN REVIEW A, Environmental Health ............................................ 656 SITE EVALUATION IN CONJUNCTION WITH SEWAGE DISPOSAL PLAN REVIEW IN CRITICAL SUB-SURFACE SEWAGE DISPOSAL AREAS AS DETERMINED BY THE HEALTH OFFICER Environmental Health ........................................... 197 SITE EVALUATION AND SEWAGE DISPOSAL PLAN REVIEW FOR INDIVIDUAL LOTS LESS THAN 10,000 SQ. FF. IN SIZE AND LOCATED OUTSIDE CRITICAL SITB-SURFACE SEWAGE DISPOSAL AREAS Environmental Health ........................................... 172 I~'IS~PLANNING~L4NDFEF~NEW 50 Rai, ud M~y 5, 1~3 CITY OF TEMECULA 'S FEE SCHEDULE , 10. SEWER VERIHCATION WHERE READILY RETRIEVABLE DATA IS NOT AVAILABLE (I.E. SUBDIVISION OR PARCEL MAP FILES) INCLUDES ' FI-IANA APPROVAL FORMS FOR SYSTEMS LESS THAN 1 YEAR As Environmental Health ............................................ 58 SITE EVALUATION UPON REQ~ BY APPLICANT OR HIS AGENT, TO ESTABLISH PRELIMINARY CONDITIONS OF APPROVAL OR VERIFY SITE CONDITIONS Environmental Health ........................................... 120 HOLDING TANK APPROVAL A, Environmental Health ........................................... 119 PRELIMINARY ELECTIVE EVALUATION OF SEWAGE DISPOSAL REQUIREMENTS PRIOR TO APPLICATION TO PLANNING DEPARTMENT (INCLUDES EVALUATION OF METHOD OF WATER SUPPLY) -- A. Environmental Health ................ · ............................ 69 R:~PL~NNING~I~fDF~.~I~"~, 51 Revised May 5, 1993 CITY OF TEMECULA 'S FEE SCHEDULE SECTION 12 The fees for Ordinance No. 653, establishing fees for examination of Records of Survey and comer Records by the City of Temecula shall be as follows: 1. FILING A RECORD OF SURVEY A. Public Works 1. Survey ............................................... 600 FILING A CORNER RECORD A. Public Works 1 Survey R:L~tPI.,4NNIN~P'IFF_~NEW ..$2 Rm4ttd May 5, 1993 CITY OF TEMECUIA 'S FEE SCHEDULE FEES SECTION 13 Rules for the City of Temecula Implementing the California Environmental Quality Act (CEQA) The fees and EIR deposits for environmental review pursuant to the "Rules for the City Implementing the California Environmental Quality Act" shall be as follows: of Temecula 1. NO FEE SHALL BE REQUIRED FOR THE FOLLOWING PROJECTS: Projects which are categorically exempt from environmental review by the State Guidelines of the Rules for the City of Temecula Implementing the California Environmental Quality Act (CEQA), unless an Initial Study is conducted to determine if the project is exempt. City project when the fee will be paid into the same fund into which it is deposited. Requests to improve and accept a road into the City Maintained Road System. PreparatiOn of an-Initial Study on an application to change the zoning designation on a parcel when the application is required to be filed as a Condition of Approval on a previously approved application. The fees required for requests to conduct initial studies relating to the following applications shall be paid to the Planning Department of the City Of Temecula as follows: 2. APPLICATIONS FOR GRADING PERMITS A. Planning ...................................... 594 + $5/ac max 2,179 B. Public Works 1. Comprehensive Transportation Plan ............................ ;. 48 APPLICATIONS FOR COMMERCIAL WIND ENERGY CONSERVATION SYSTEM PERMITS (Commercial WECS Permits) Planning ........................... 420 + $5/ga max of $1997 + $278/gnw Public Works 1. Comprehensive Transportation Plan ...................... 34 + $22/gnw APPLICATIONS FOR TREE REMOVAL A. Planning ................................................... 207 B. Public Works 1. Comprehensive Transportation Plan .............................. 17 ALL OTHER APPHCATION (Initial Study Negative Declaration) A. Planning ' ...................................... 568 + $5/ga 2,061 max B. Public Works 1. Comprehensive Transportation Plan R:L$~PLANNING~L4ND,~..ES. NEW 53 Revised May 5, 1993 vgw CITY OF TEMECULA 'S FEE SCHEDULE ~enever two or more applications are filed concurrently by the same applicant for the same property, only one for the preparation of the Initial Study shall be required. The deposits required for the preparation of the draft EIR shall be paid to the Planning Department of the City Of Temecula as follows: 1. IF THE PROJECT SPONSOR PREPARED THE DRAFT EIR B. C. D. Planning ................................................. 6,202 Environmental Health ........................................... 378 Parks .................................................... 422 Public Works 1. Comprehensive Transportation Plan ............................. 496 IF PURSUANT TO SECTION 706 OF THE RULES FOR THE CITY OF TEMECULA IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A PREVIOUSLY PREPARED EIR IS UTILIZED AS THE DRAFT EIR B. C. D. Planning ................................................. 1,021 Environmental He~alth ........................................... 378 Parks · '. ................................... ~ ............... 422 Public Works 1. Comprehensive Transportation Plan .............................. 82 FAULT HAZARD REPORT REVIEW (CEQA) Planning for the first 10 acres ..................... 516 + $18/add ac - max 734 Public Works 1. Comprehensive TransportationPlan for the first 10 acres ........................ 41 + $2/add ac - max 58 4. GEOLOGIC WAIVER Planning ........................... 121 + $366 when submitted to the State Public Works 1. Comprehensive Transportation Plan ....... 10 + $29 when submitted to the State 5. LIQUEFACTION REPORT Planning ................................................... 349 Public Works 1. Comprehensive Transportation Plan .............................. 28 6. APPEAL TO PLANNING COMMISSION Planning .................................................... 93 Public Works 1, Comprehensive Transportation Plan .............................. 7 R:XSXPLAN'NING~LANDFEF_.,S. NEW 54 Re~ttd May 5, 193 vgw CITY OF TEMECULA 'S FEE SCHEDULE APPEAL TO CITY COUNCIL A. Planning B. PublicW~r~ ................................................ 115 1 Comprehensive Transportation Plan · · ............................. 9 R.'~PIANNING~L4NDFEF,,$.NEW .~5 Re~'td May 5o 1993 vgw CITY OF TEMECULA 'S FEE SCHEDULE SECTION 14 Rules and Regulations Governing Agricultural Preserves in the City of Temecula Fees The fees for Agricultural Preserve Applications pursuant to the Rules and Regulations Governing Agricultural Preserves in the City of Temecula shall be as follows: 1. ESTABLISHMENT OR ENLARGEMENT OF AN AGRICULTURE PRF_~ERVE (Applicant Initiated) Planning ............................. $1,371 + $103/owner's application + $103 contract upon approval - non refund Public Works 1. Comprehensive Transportation Plan ............... 110 + $8/owner's per + $8/contract upon approval - non refund 2. ESTABLISHMENT OR COUNCIL INITIATED)_ ENLARGEMENT OF AN AGRICULTURAL PRESERVE (CITY Planning ........................................ 103 + $103/contract Public Works 1. Comprehensive Transportation Plan ...................... 8 + $8/contact EXECUTION OF A LAND CONSERVATION CONTRACT FOR LAND WITHIN AND ESTABLISHED AGRICULTURAL PRESERVE (City Council Initiated) Planning (per contract) .......................................... 103 Public Works 1 Comprehensive Transportation Plan ' · · ............................. 8 DISF_SFABLISHED OR ENLARGEMENT OF AN AGRICULTURAL PRESERVE (APPLICATION INITIATED) Planning (non-refundable) ....................................... 1,245 Public Works 1. Comprehensive Transportation Plan ............................. 100 5. DISESTABHSHED OR DIMINISHMENT OF AN AGRICULTURAL PRESERVE (CITY COUNCIL INITIATED) No Fee 6. NOTICE OF NON-RENEWAL A, Planning .................................................... 53 Public Works 1. Comprehensive Transportation Plan .............................. 4 R: k$iPLANNINGIL.4NDFEF_~ NEW l~d May S, lPP. J vgw CITY OF TEMECULA 'S FEE SCHEDULE FEES SECTION 15 The fees fixing procedures to vacate and accept City highways and property offered for dedication, shall be paid to the Director of Public Works of the City of Temecula and shall be as follows: 1. VACATION OF PUBLIC STREETS, HIGHWAYS CODE SECTION 8300, El'. SEQ. A. General Vacations 1. Public Works .......................................... 4,1:55 B. Summary Vacations 1. Public Works ........................................... 920 STREET NAMES A. Change .requiring-Public Hearings 1. Public Works ................................... 210 + 65/name B. Over-the-Counter Approval 1. Public Works ........................................ 65/name R.'|,$tPLANNINGtI. AJ~FEF. S. NEW 57 ReaM May 5, lPP3 1. , CITY OF TEMECULA 'S FEE SCHEDULE SECTION 16 ARCHIVAL SEARCH FEE FOR PLANNING INFORMATION Planning .................................................. $27 per hour of staff time expended, computed at $6.75 per each ~,~ hour or fraction thereof for information or documents which are not readily available and accessible. 27/hr RESEARCH FEE FOR PLANNING INFORMATION A, Planning .................................................. 45/hr $45 per hour of staff time expended, computed at $11.25 per each · 2,4 hour or fraction thereof for information or documents which are not readily available and accessible. RESEARCH FEE FOR HISTORIC VERIFICATION A. Planning ................ ~ ........ ' ......................... 48/hr R: lS |PLANNING~4ND, FEF. X NEW CITY OF TEMECULA 'S FEE SCHEDULE SECTION 17 DEVELOPMENT AGREEMENT Planning .................................................. 4,000 Public Works ........................... · ..................... 550 ANNEXATION FEES PIanning 710 Public Works ................................................ 240 **Applicant is required to pay LAFCO Fees PROJECTS CONTINUED AT PUBLIC HEARING Planning ............................... 2,000 deposit + time and material Public Works ............................ 1,000 deposit + time and material PUBLIC HEARING FEES A. Planning Department ........................................... 150 59 May 5, 1993 vSw CITY OF TEMECULA 'S FEE SCHEDULE LANDSCAPING PLANS A. SECTION 18 Onsite and offsite, 4% of final construction up to three submittals Fourth and subsequent submittal cost estimate lO0/sheet R.'LSIPLANNINGILANDI;I;'~_~' tVEW ~0 Revised May 5, City of Temecula Planning Department LIST OFFEE CHANGES Tenant Improvement Change of Use Single Family Residence Signs (except sign programs) Additions to 'Single Family Home Occupations Change of Copy Old Town Architectural Review Minor Outdoor Event (For Profit) Minor Outdoor Event (Not For Profit) Conditional Use Permit (Existing Building)* Public Use Permit (Existing Building), Second Unit Permit Lot Line Adjustment None $ 30.00 None $ 30.00 None $ 30.00 $ 190.00 $ 30.00 None $ 30.00 None $ 20.00 None $ 20.00 None $ 20.00 $ 190.00 $190.00 $ 190.00 No Charge $5,863.00 $ 945.00 $6,246.00 $ 945.00 $2,886.00 $ 945.00 $1,160.00 $ 960.00 *Pursuant to Council direction, while the current fees show as $5863.00 and $6246.00, the City has been collecting the fee of $945.00 for those uses that require conditional or public use approval that are going into an existing building. ITEM NO. lzl- CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: David F. Dixon City Manager DATE: May 11, 1993 SUBJECT: Item No. 14 - Development Assistance for Construction and Expansion - WalMart Project PREPARED BY: City Clerk June S. Greek RECOMMENDATION': Adopt a resolution entitled: RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONSENTING TO THE EXPENDITURE OF TAX INCREMENT FUNDS BY THE TEMECULA REDEVELOPMENTAGENCY TO PROVIDE ASSISTANCE FOR THE CONSTRUCTION OF A WAL-MART DEPARTMENT STORE AT THE CORNER OF YNEZ AND WINCHESTER ROAD BACKGROUND: The staff will finalize a staff report on this item and forward it to you under separate cover. JSG ITEM NO. 15 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER / T0: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Scott F. Field/City Attorney May 11, 1993 Redevelopment Agency Assistance for the Expansion of Professional Hospital Supply within the Crystal Ridge Business Park. RECOMMENDATION: Adopt'a resolution entitled: RESOLUTION NO. 93- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE TEMECULA REDEVELOPMENT AGENCY LENDING FUNDS TO ASSIST PROFESSIONAL HOSPITAL SUPPLY, INC., AMERICAN MATERIAL MANAGEMENT ALLIANCE, INC., MEDICAL DESIGN CONCEPT, INC. AND JOHN HOFFEE IN EXPANDING INTO TWO MEDICAL DEVICES SUPPLY FACILITIES IN THE CRYSTAL RIDGE BUSINESS PARK." DISCUSSION: Professional Hospital Supply has requested Redevelopment Agency assistance in order to expand its business to purchase two parcels: within the Crystal Ridge Business Park. To that end, the attached Development and Disposition Agreement between the Temecula Redevelopment Agency and PHS has been negotiated. Professional Hospital Supply, American Material Management Alliance, and Medical Design Concepts are three companies all owned by John Hoffee (collectively referred to as "PHS"). They are in the business of processing, packaging, storing and marketing medical supplies. Mr. Hoffee proposes to expand his business by acquiring two parcels in the Crystal Ridge Business Park and building on it two facilities, one of 41,000 square feet and other of 140,000. Mr. Hoffee would acquire the property, build the facilities on the two sites, and lease them back to Medical Design Concepts. It is anticipated that this project will not only encourage redevelopment of the Crystal Ridge Business Park and the entire Redevelopment Project Area, but will tend to attract additional medical device companies, like PHS and Advanced Cardiovascular Systems. However, PHS has also been offered the opportunity to expand on property located in the City of Coachella, at a cost of approximately $700,000 less than the cost of land available within the Project Area. In order to induce PHS to expand within Temecula Project Area, it is necessary to effectively write-down the purchase price of PHS's land by $700,000. In order to achieve such a write-down, it is recommended that the Redevelopment Agency lend PHS $700,000. This loan will be secured by a first deed of trust on the property. The loan is subject to an interest rate equivalent to the rate available to the Agency on its investments, or five percent (5%), whichever is greater. The loan will be fully amortized and repaid over twenty (20) years. Assuming a five percent interest rate, this would mean quarterly payments of $14,764, beginning July 1, 1994. In addition, repayment of the loan will be triggered if Mr. Hoffee should sell more than 50% of the business. In order to fund this loan, the City will assign to the Agency one-half of the sales tax derived from the site. To accomplish this, this will require adoption of an ordinance at a later date and filing a validation action in court. PHS may repay the loan with cash. Alternatively, it may make payments with up to 50% of new sales tax dollars derived from the expansion and/or with credits of $2,000 for each new employee hired. The effect of this loan would be to write-down the cost of the property by $700,000. The Community Redevelopment Act specifically authorizes such land write-downs pursuant to a rather detailed procedure. Specifically, the City Council must approve the write-down at a public hearing. Notice of the public hearing must be published at least two weeks prior to the public hearing. Certain information must be made available to the public prior to the public hearing, including a summary of the transaction which describes the cost to the Agency of the transaction. Further, the City Council must approve the transaction and find that it is "'necessary to effectuate the purposes of the Redevelopment Plan." In this case, it is recommended that the City Council make such a finding, as reflected in the attached resolution. The basis of this finding is as follows: It is necessary that the Agency write-down the cost of the property PHS will acquire to make the land cost competitive with land available in Coachella. Expansion of PHS will encourage the development of adjacent property as well as attract other companies engaged in the medical devices industry. Retention of PHS is necessary to avoid the creation of blight within the Project Area. m Expansion of PHS will expand the employment opportunities for the jobless, underemployed and low income persons. FISCAL IMPACTS: Net expense to the Agency - $700,000 from the Agency revolving fund. Net expense to the City - $700,000 through transfer of one-half of the sales tax derived from the Crystal Ridge property to the Temecula Redevelopment Agency. ATTACHMENTS: Resolution of Approval Agreement between Agency and PHS -2- RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE TEMECULA Rv-r}EVELOPMENT AGENCY LENDING FUNDS TO ASSIST PROFESSIONAL HOSPITAL SUPPLY, INC., lV~-r}ICAL DESIGN CONCEPTS, INC., AMERICAN MATERIAL MANAGEMI~NT ALLIANCE, INC., AND JOHN HOFFEE IN EXPANDING INTO TWO NEW MEr}ICAL DEVICE SUPPLY FACK,ITIF_,S IN THE CRYSTAL RIDGE BUSINESS PARK. The City Council of the City of Temecula does hereby resolve as follows: Section 1. The City Council of the City of Temecula hereby finds, determines and declares as follows: A. Professional Hospital Supply, Inc., Medical Design Concepts, Inc, and American Material Management Alliance, Inc., owned by John Hoffee, (collectively referred to as "PHS "). PHS is in the business of processing, packaging, storing and marketing medical supplies. PHS is located at 43225 Business Park Drive within the Temecula Redevelopment Project Area. B. PHS, along with Advanced Cardiovascular Systems, are the two principal businesses engaged in the medical device industry within the Project Area. The City is seeking to encourage economic development in the Project area by retaining and attracting the medical device industry. C. PHS seeks to expand its facilities into two new buildings of approximately 41,000 and 140,000 square feet, to be located within the Crystal Ridge Business Park (APN 940-031- 045 and 940-031-046). Redevelopment of this site will encourage redevelopment of the Business Park and the Project Area, particularly with additional companies involved in the medical device industry. However, PHS also has been offered the opportunity to expand on property located in Coachella, at a cost of approximately $700,000 less than the cost of the land available within the Project Area. D. The cost of land acquisition for the proposed PHS site is significantly greater than that in Coachella. In order to induce PHS to redevelop the property, it is necessary for the Temecula Redevelopment Agency to lend PHS $700,000. This loan will be secured by a first trust deed on the property. The loan is subject to an interest rate equivalent to the rate available to the Agency on its investments, or 5 %, whichever is greater. The loan will be fully amortized and repaid over 20 years. It may be repaid not only with cash, but with one-half of the new ~ 2-R: \resos~305 I sales tax the City receives from the expansion, and with a $2,000 credit for every new employee hired. E. The PHS expansion is of benefit to the Project Area because it will induce redevelopment of the surrounding area and aRrac~ other companies engaged in the medical device industry. ' F. If tax increment funds are not used to reduce the cost of PHS's acquiring property for expansion, the project will not occur. No other reasonable means are available to induce the expansion. H. Expansion of PHS will expand the employment opportunities for the jobless, underemployed, and low income people. I. A public hearing in substantial compliance with the requirements of Caiifomia Health and Safety Cede Section 33433 has been held, and a notice has been published in a newspaper of general circulation in the community for at least two su~essive weeks prior to the Public Hearing. Section 2. Based upon the foregoing, the City Council of the City of Temecula hereby determines that the Development and Disposition Agreement providing Agency assistance to PHS is necessary for the benefit of and to effectuate the Redevelopment Project No. 1-1988 redevelopment area and that the proposed contribution to its financing is the only reasonable means available to insure its completion. The City Council does hereby approve a loan to reduce the effective purchase price of the property PHS will acquire for the construction of a medical device supply facility in the Redevelopment Project No. 1-1988 redevelopment area. Section 3. The City Clerk shall certify to the adoption of this resolution. - APPROVED AND ADOPTED this _ day of ,1993. J. Sal Mu~oz, Mayor June S. Greek, City Clerk [SEAL] 2-R:h'esos~305 STATE OF CLIFRNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, California do hereby certify that the foregoing Resolution No. 93--- was duly adopted at a regular meeting of the City Council of the City of Temecula on the _ day of , 1993, by the 'following roll call vote: AYES: COUNCILMF_aS: NOF_~ COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, City Clerk 2-R: \resos X.305 VENTURA COUNTY OFFICE 2310 PONDEROSA DRIVE SUITE I CAMARILLO, CALIFORNIA 93010 (605) 987°3468 TELIrC0PlER: (805) 482-9834 LAW OFFICES BURKB, WILLXAI~IS &: SORI~NSBN 3ZOO B~ISTOL STREET SUITE 640 COSTA MESA, CALIFOFINIA 92626 (714) 545-555~, FACSIMILE; (114} 755-5648 LOS ANGELES OFFICE 611 WEST SIXTH STREET, SUITE 2500 LOS ANGELES, CALIFORNIA 90017 (213) z3e-oeoo TELECOPIER: (213) 236-2700 April 28, 1993 Mr. John Luttgens Medical Design Concepts 43225 Business Park Drive Temecula, CA 9259.0 Re: Development and Disposition Agreement for Medical Design Concepts, et al. Dear John: Enclosed please find the Development and Disposition Agreement with a few redlined changes. Please feel free to contact me should you have any questions, or if you would like'to discuss the changes. Thank you for your continuing cooperation and courtesy. s~ 1070(~6 CC: David Dixon, City Manager Sincerely, Scott F. Field City Attorney CITY OF TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF Temecula, California DEVELOPMENT AND DISPOSITION AGREEMENT By and Between REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA and JOHN W. HOFFEE, II, an unmarried man PROFESSIONAL.HOSpITAL SUPPLY, INC. a California corporation, MEDICAL DESIGN CONCEPTS, INC., a California .Corporation. Dated: May 11, 1993 PROJECT AREA 1988-1 DEVELOPMENT AND DISPOSITION AGREEMENT RECITALS THIS AGREEMENT is entered into and dated as of April 13, 1993 by and between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA (the "Agency") and JOHN HOFFEE, an unmarried man, ("Hoffee") PROFESSIONAL HOSPITAL SUPPLY, INC., a California Corporation ("PHS"), MEDICAL DESIGN CONCEPTS, INC., a California corporation "(MDC") and AMERICANMATERIALMANAGEMENTALLIANCE, INC. ("AMMA"), collectively referred to as the ("Developer") In consideration of the mutual covenants and agreements contained herein, the Agency and the Developer agree as follows: # A. The purpose of this Agreement is to effectuate the Redevelopment Plan (hereinafter "Plan") for the Temecula Redevelopment ProjectArea (hereafter "ProjectArea") by providing for the redevelopment of.certain property, hereafter described, located in the Project area,~ in accordance with the Plan. B. The real property to be redeveloped pursuant to this Agreement (the "Site") is located within the Crystal Ridge Business Park (APN 940-031-045 and 940-031-046.) C. This Agreement is entered into for the purpose of redeveloping the Site and not for speculation in land holding. D. Completingthe redevelopment on the Site pursuant to this Agreement is in the vital and best interest of the City of Temecula, California (the "City") and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws. E. Hoffee wholly owns PHS, MDC and AMMA. F. Developer has an existing business in the City of Temecula ("City") located in the redevelopment area. Said business involves sterilization, packaging and marketing of retail medical supplies; G. Developer is desirous of expanding its business. The Site is nearby Developer's existing business operations and is available for this purpose. H. Developer has determined that it could expand its operation in another community for approximately $700,000 less because of lower land values; 43533.900 April 2~, 1993 I. Agency recognizes the advantages of expanding Developer's business operations to the economic development of the redevelopment area. These include higher sales tax revenues, higher property tax revenues, more jobs, and enhanced property values in the redevelopment area; J. Agency is desirous of providing incentives to Developer to locate its expansion in the redevelopment area and Developer is willing to expand in the area in exchange for these incentives· Hoffee intends to purchase the Site in the redevelopment area and lease it back to MDC. Hoffee will build two building on the Site of ~~'~ill collect~T~'===~ approximately .... ' ....~ 41,000 and 140,000 square feet each. MDC, PHS, an these two buildings for expansion of Developer's business. AGREEMENT SUBJECT OF AGREEMENT 1.1 Purpose.of the A~reement The Purpose of this Agreement is to effectuate the County of Riverside Redevelopment Plan 1-1988, as adopted by the City of Temecula pursuant to Ordinance Nos. 91-11 and 91-18 (the "Plan") for the Temecula Redevelopment Project Area by providing for the redevelopment of certain property, hereafter described, located in the Project Area in accordance with the Plan. 1.2 The RedeveloDment Plan The Redevelopment Plan was approved by Ordinance No. 658 of the Board of Supervisors of Riverside County on July 12, 1988 prior to incorporation of the City of Temecula. Pursuant to City Ordinance No. 91-11, which became effective May 9, ~i~i 1991, and City Ordinance No. 91-15, which became effective Apr[T===::=:~==~ 199"'~, the City approved the Plan. Said Ordinances had the effect of adopting the Plan and transferring jurisdiction over said Plan to the Agency, as of July 1, 1991. 1.3 The Pro~ect Area The "Project Area" is located in the City of Temecula, California (the "City"), the exact boundaries of which are specifically described in City of Temecula Ordinances 91-11 and 91-15; which instruments are incorporated herein by this reference. 1.4 The Site The "Site" consists of the real property shown on the Site Map, which is attached hereto as Exhibit No. 1, and des.cribed in 43~33.900 Ap~ 28, ]~3 -2- the "Legal Description", which is attached hereto as Exhibit No. 2. 1.5 Parties to the Agreement A. The Agency The Agency is a public body, corporate and politic, exercising governmental functions and powers, and organized and existing under the Community Redevelopment Law of the State of California (Section 33000, et seq., Health and Safety Code; hereafter "Act"). The principal office of the Agency is located at 43174 Business Park Drive, Temecula, California, 92590, Attention: City Clerk. B. The Developer PHS, MDC and AMMA are corporations organized and existing under the laws of the State of California. Hoffee is an unmarried man, a sole owner of PHS, MDC and Hoffee are collectively known as "Developer". The mailing address of Developer for purposes of this Agreement is: Medical Design Concepts, 43225 Business Park Drive Temecula, CA 92590. ' 1.6 Prohibition Aqainst Change in Ownership of Developer The qualifications and identity of the Developer is of particular concern to the City and the Agency. It is because of those qualifications and identity that the Agency has entered into this Agreement with the Developer. Therefore, no voluntary or involuntary successor in interest of Developer shall acquire any rights or powers under this Agreement except as expressly set forth herein. The Developer shall not assign all or any part of this Agree- ment without the prior written consent of the Agency, which consent the Agency shall not unreasonably withhold, provided the Agency determines that the successor is similarly qualified and has specifically agreed in writing to be bound by the provisions of this Agreement. All of the terms, covenants and conditions of this Agreement shall be binding upon and shall inure to the benefit of the Developer and the permitted successors and assigns of the Developer. Whenever the term "Developer" is used herein, such term shall include any other lawful successors in interest of Developer. For purposes of this Agreement an assignment of this Agreement shall occur whenever a transfer in ownership of shares of stock in 43533.900 Ap~ 28, 1~ -3- PHS, MDC, or AMMA occurs which results in a change in control of Developer or cumulative change in ownership of fifty percent (50%) or more; further, an assignment shall occur if Hoffee shall sell, bequeath, or assign the Suite to any other person or entity. 1.7 Contract Documents The Contract Documents which are part of this Agreement, and each of which is incorporated herein by this reference, are as fol- lows: Exhibit No. 1 Exhibit No. 2 Exhibit No. 3 Exhibit No. 4 Exhibit No. 5 Exhibit No. 6 Site Map Legal Description of Site Scope of Development Schedule of Performance Deed of Trust Promissory Note II. DEVELOPMENT OF THE SITE 2.1 Hoffee Acquisition and Development of the Site Hoffee shall acquire the Site and construct upon it two buildings, compromising 41,000 square feetand 140,000 square feet, respectively (hereinafter referred to as the "Project"). A. The Project shall utilize a high quality. of architectural design and materials including, but not limited to, minimum direct shell construction costs of twenty ($20.00) per square foot of the area for the shop buildings (excluding pads). 2.2 Evidence of Financing On or before thirty (30) days following the date of this Agreement, Developer shall submit written evidence to Agency of the type of financing Developer will use for its obligations for the Project and a written commitment from a lender qualified to provide such financing. The commitment may be subject to reasonable and customary lender contingencies, provided such lender contingencies are limited to those related to obtaining land use entitlements, including building permits, and maintaining certain financial qualifications. 2.3 Escrow Hoffee shall enter into Escrow for the conveyance of the Site in accordance with the Schedule of Performance. Prior to entering escrow the General Counsel on behalf of the Agency and the Developer shall agree upon an Escrow Agent and shall execute Escrow Instructions as necessary to effectuate and implement this Agreement. The Escrow Instructions shall provide that Hoffee shall 43533.900 April 28, 1993 -4- obtain a Preliminary Title Report on the Site from Stewart Title Insurance Company and shall deliver to Agency a copy of the Preliminary Title Report together with copies of all documents and instruments referred to in the Preliminary Title Report. General Counsel on behalf of the Agency shall have ten business days after the receipt of the Preliminary Title Report to approve or disapprove the same. Agency shall be deemed to have approved the Preliminary Title Report unless it delivers to Agency written notice of its disapproval within the ten-day period specified. Agency's written notice of disapproval shall specify the specific items on the Preliminary Report which it disapproves. In the event Agency disapproves the Preliminary Title Report, Developer (at its option) will have thirty (30) days following the date of delivery to Developer of Agency's disapproval of the Preliminary Title Report within which to agree to remove any item on the Preliminary Report to which the Agency objected to it notice of disapproval. In the event, Developer elects not to agree to remove any such item, either party will have the right to terminate the Agreement pursuant to Section 6.7. EscrowAgent.shall, following recording of deed to Developer, provide Agency with ALTA Lender's Policy of Title Insurance in the amount of the purchase price of the Site Parcel issued by Stewart Title Insurance Company showing title to the property vested in Developer, subject only to the exceptions agreed to by the parties. Developer agrees to pay the premium charge thereof. The escrow instructions shall further provide that compliance' with Section 2.6 of this Agreement are conditions precedent to closing escrow. General Counsel on behalf of Agency shall have the opportunity to approve the escrow instructions prior to funding the loan described at Section 2.9 to assure that the proceeds of the loan are being distributed for acquisition of the Site. The escrow instructions shall further provide that Agency shall take back a Promissory Note in the form of Exhibit 6, secured by a first deed of trust in the form of Exhibit No. 5, and that this Agreement shall be recorded concurrently with the first deed of trust. 2.4 Scope of Development The Site shall be developed within the general controls estab- lished in the "Scope of Development" attached to this Agreement as Exhibit No. 3, the approvals of Agency described herein and of the City as required by the Municipal Code, and related laws governing municipal planning, zoning, and subdivision. 43533.900 April 28, 1993 2.5 Plot Plan ADDrOVal Developer shall prepare and submit to City an application for Plot Plan approval which shall incorporate the full scope of development described in Exhibit No. 3. Said Plot Plan shall be submitted to City within thirty (30) days of the execution of this Agreement. 2.6 Conditions Precedent to Agency Obligations Agency shall not be obligated toprovide the Assistance for the' Site unless and until the Developer satisfies each of the following conditions precedent: A. Developer obtains all land use entitlements from the City other than building permits or parcel map, necessary for development of the Site pursuant to this Agreement; B. 'Developer has'obtained a commitment from a financial institution, subject to customary and reasonable lender contingencies, to finance development of the Site pursuant to this Agreement; C. Developer has entered into a binding agreement for architectural and engineering services to develop the Site in accordance with this Agreement. D. The current owners of the Site, Howard and Debra Omdahl, provide a letter to the Agency that they have no interest in an owner-participation agreement with the Agency. 2.7 Cost of Construction The cost of developing the Site and constructing all improvements on the Site shall be borne by the Developer. 2.8 Construction Schedule The Developer shall commence and complete the project according to the schedule set forth in the Schedule of Performance attached as Exhibit No. 4 or such reasonable extensions of said dates as may be granted in writing by the Agency Director. 2.9 A~ency Assistance for Improvements The Agency shall provide the following assistance with regard to redevelopment of the Site: Agency shall lend Developer the sum of Seven Hundred Thousand Dollars ($700,000.00). Agency's 43533.900 April 28, 1993 -6- 43533.900 April 2g, 1993 loan to Developer shall be secured by a first deed of trust recorded against the Site which shall be in the form of Exhibit No. 5 and a Promissory Note in the form of Exhibit No. 6. The funds shall be deposited in Escrow No. 02-6829-MBSW with Mecca Escrow at the direction of Agency. Said Note shall be repayable by Developer to Agency as follows: (a) The proceeds of the loan shall only be used for the work described in Section 2.1. No portion of the proceeds of the loan shall be used for payment of any loans for the acquisition of any property other than the Site, salary, profit distribution or loan repayments to Developer or any officer of the Developer or for any other purposes not specifically described in this Section. Developer shall maintain such records as are neces- sary and convenient for the Agency or are required 'by the Agency to verify the use of the Advance proceeds in accordance with this Section. (bi Repayment of said Note, as required below, shall commence on July 1, 1994. (c) The unpaid principal shall bear simple interest at the rate of the greater of 5% per annum or the average rate of interest for the California Local Agency Investment Fund for the preceding quarter. Interest shall accrue from date of funding. Determination of the appropriate interest rate for a calendar quarter shall be made on the first day of 'that quarter by Agency's Finance Officer. Interest accruing between the funding of the loan and the first required payment shall be added to principal and amortized over twenty years. (d) Developer shall make minimum quarterly payments to Agency of fourteen thousand seven hundred and sixty-four dollars ($14,764). Said payment shall be due on the first calendar day of each quarter and shall be credited first to unpaid accrued interest and then to principal balance. Said payment shall be in default if not received by Agency within ten (10) days from the first day of the calendar quarter. After the tenth day a default penalty of One Thousand Dollars ($1,000) per day shall begin to accrue which shall be added to unpaid principal. Upon default of any payment the entire amount of principal and interest shall at Agency's option become immediately due and payable. -7- (e) Each quarter a credit may be granted against each quarterly payment in an amount equal to fifty percent (50%) of the increase, if any, in the City's share of sales tax generated by Developer,s entire operation in the City of Temecula using as a base the average sales tax generated for the four quarters preceding the quarter in which a certificate of occupancy is issued on Owner's Project,.,,The....reduct~on.,provided for.herein shall be celculatet~.~oE~each..quar~er.and credited as of the lastday.~of.~he:.~'.calendar..quarter.in which the sales tax increase.,...~as .... realized, DeveloDer's Proiect. Said amount s~all be credited on the last day of each calendar quarter to be applied against the payments due in the following quarter. Said credit shall be applied first to unpaid accrued interest and thereafter to the unpaid principal balance. For DurDoses O[ this subsection, the term "DeveloDer's entlre operation in the City of Temecula" shall mean sales tax aenerated from PHS; MDC and AMMA. (f) Agency shall notify Developer of the amount of sales tax revenue received by the City from the Developer,s business during periods specified in subsection 2.9(e) above along with a listing of the businesses contributing to such revenues. Developer acknowledges and understands that Agency and City are-prohibited by law from disclosing sales tax information attributable to a taxpayer. The report with respect to sales tax revenue shall be sent to Developer within thirty (30) days of receipt by City of the quarterly sales tax revenue and the sales tax report from State Board of Equalization. Developer shall have thirty (30) days from the date of the report to verify the information and to accept it or make a written objection to it. The notice shall specifically provide that if not responded to within thirty (30) days, the report shall be deemed accepted in accordance with this Section. The written objection shall specify in detail the nature of the inaccuracy. If no written objection or acceptance is received by the Agency during the said thirty (30) day period, the report shall be deemed accurate by Developer and Agency and no subsequent objection shall be made by Developer or Agency. (g) Developer shall also be entitled to a credit for an increase in the number of employees base which shall consist 'of aenerat~ .................. ~:~ 43533.900 April 28, 1993 43533.900 April 28, 1993 DeveloDer's entire operation in the City of Temecula usina as a base the average number of employees for the four quarters ~Drecedina to the quarter in which a certifica[~a~= occupancy is issued as Developer's project. The credit shall be calculated for each quarter and the base shall be increased, for purposes of calculating the credit in future quarters, by each credit granted. Said credit shall equal $2,000 for each employee over the base number of employees. Said amount shall be credited on the last day of each calendar quarter to be applied against the payments due in the following quarter. Said amount shall be credited first against unpaid interest and then against principal balance. For DUrDOSeS of this subsection. the term "DeveloDer's entire operation in the City of Temecula" shall mean employees hired bv PHS. MDC and AMMA. fh] The Note shall not be assigned, transferred or otherwise conveyed, in whole or in part, without the express written consent of the Agency. Developer shall have the right to pay the outstanding balance (principal and accrued interest) of Note prior to the due date without any penalties or additional fees. The outstanding principal and accrued interest on the Note shall be immediately due and payable in the event Developer is in default of this Agreement and the default is not fully cured within the time and as required by Section 4.1 of this Agreement. ~i~ Should Developer agree to or actually .... ~"~'I1, convey, transfer, dispose of, or further encumber the real property described in the deed of trust recorded against the site or any part of it or any interest in it, then all obligations of Developer shall be declared due and payable at the option of the Agency. Consent to one transaction of this type will not constitute a waiver of the right to require consent to future or successive transactions. Change in ownership shall include a change in ownership of PHS, MDC, or AMMA's stock cumulatively totalling fifty percent (50%) or more, or if Hoffee should sell, bequeath or assign the Site to any other person entity. i~ In recognition of the fact that Developer I1 receive a credit of tax increment revenues from the Site against the loan, Developer agrees not to appeal, protest or otherwise contest the assessment of property taxes on the Site and agrees to pay all such taxes on or before the delinquency due dates. ~J~unpai and interest shall be due on June 30, 2014. 2.10 Sales Tax Ordinance Within sixty (60) days of the date of this Agreement, Agency agrees to adopt the necessary sales tax ordinances and enter into the necessary agreements with the City for transfer of one-half (1/2) of the sales tax authority relating to the Site pursuant to Revenue and Taxation Code Section 7202.6, provided that the transfer would not actually occur until a loan is made to Agency pursuant to this Article. Within thirty (30) days of adoption of said ordinances Agency agrees to initiate proceedings to validate this Agreement and said sales tax transfer proceedings pursuant to Section 860 of the Code of Civil Procedure. 2.11 Indemnity and Insurance A. The Developer shall defend, indemnify, assume all responsibility for and hold the Agency and the City, and their respective.elected and appointed officers and employees, harmless from all costs (including attorneys' fees and costs), claims, demands or judgments for injury or damage to property and injuries to persons, including death, which may be caused by any of the Developer,s activities under this Agreement, whether such activities or performance thereof be by the Developer or anyone directly or indirectly employed or contracted with by the Developer and whether such damage shall accrue or 'be discovered before or after termination of this Agreement. B. Not in derogation of the indemnity provisions of subsection (1) of this Section, the Developer shall take out and maintain during the life of this Agreement a comprehensive liability policy in the amount of at least Two Million Dollars ($2,000,000) for any person, Five Million Dollars ($5,000,000) for any occurrence, and One Million Dollars ($1,000,000) property damage naming the City and Agency as additional insureds. C. The Developer shall furnish a certificate of insur- ance signed by an authorized agent of the insurance carrier setting forth the general provisions of the insurance coverage. This certificate of insurance shall name the City and the Agency and 43533.900 Ap~ 28, 1~3 their respective officers, agents and employees as additional insureds under the policy. The certificate of insurance shall contain a statement of obligation on the part of the carrier to notify the Agency by certified mail of any modification, cancellation or termination of the coverage at least thirty (30) days in advance of the effective date of any such modification, cancellation or termination. Coverage provided hereunder by the Developer shall be primary insurance and not contributing with any insurance maintained by the Agency or City, and the policy shall contain such an endorsement. The required certificate shall be filed.with the Agency prior to commencement of construction. D. The Developer shall also furnish or cause to be furnished to the Agency evidence satisfactory to the Agency that any contractor with whom it has contracted for the performance of work on the Site or otherwise pursuant to this Agreement carries worker's compensation insurance as required by law. E. The insurance obligations set forth in this Section shall remain in effect only until a final Certificate of Completion has been furnished for all of the improvements as hereafter provided in this Agreement. III. USE OF THE SITE 3.1 Uses The Developer covenants and agrees for itself, its successors, its assigns and every successor in interest to the Site or any part thereof, that during the construction and thereafter, the Developer, and its successors and assignees, shall devote the Site to use as a business for the processing, packaging, storage, and marketing of medical supplies and uses incidental thereto, and shall comply with all applicable City ordinances. Owner agrees it shall operate the site for said purposes for a minimum period~.ef twenty-five (25.)~.~ears so lona as there is an unoaid ba]ance on'the ~oan. Developer agrees it shall operate the Site for said purposes for so long as there is an unpaid balance on the loan described at Section 2.9. Owner further agrees to employ a minimum of 250 employees in its combined operations in the City of Temecula ~ term Of the loan, so lona as there is an unpaid balance on the l~a~= .described at Seation 2.9. 3.2 Rights of Access A. For the purpose of assuring compliance with this Agreement, representatives of the Agency shall have the right of access to the Site, without charges or fees, at normal construction hours during the period of construction for the purposes of this Agreement, including, but not limited to, the inspection of the 43533.900 Ap~ 28, 1~3 work being performed in constructing the improvements, so long as they comply with all safety rules. Such representatives of the Agency shall be those who are so identified in writing by the Executive Director of the Agency. B. The Developer and the Agency agree to cooperate in placing and maintaining on the Site one sign indicating the respective parts of the Developer and the Agency in the Project. The cost of the sign shall be borne solely by the Developer. 3.3 Local. State and Federal Laws The Developer shall carry out the provisions of this Agreement in conformity with all applicable local, state and federal laws and regulations. 3.4 Antidiscrimination Durina Construction The Developer, for itself and its successors and assigns, agrees that'in the construction of the improvements provided for in this Agreement, the Developer shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, age, sex, marital status, handicap, national origin or ancestry. 3.5 Taxes, Assessments, Encumbrances and Liens A. The Developer shall pay when due all real estate taxes and assessments on the Site and levied subsequent to a conveyance of title to the Site. 3.6 Certificate of Completion A. Promptly after completion of all construction and development of the Site in the manner required by this Agreement, the Agency shall furnish the Developer with a Certificate of Completion upon written request therefor by the Developer. The Agency shall not unreasonably withhold any such Certificate of Completion. Such Certificate of Completion shall be a conclusive determination of satisfactory completion of the construction required by this Agreement upon the Site Parcel and the Certificate of Completion shall so state. After recordation of such Certificate of Completion, any party then owning or thereafter purchasing, leasing or otherwise acquiring any interest therein shall not (becaus~ of such ownership, purchase, lease or acquisition), incur any obligation pursuant to this Agreement for the initial construction of the improvements. B. A Certificate of Completion of construction for the entire improvement and development of'the Site Parcel shall be in such form as to permit it to be recorded in the Recorder's Office 43533.900 ApriZ 28, 1993 of Los Angeles County. C. If the Agency refuses or fails to furnish a Certificate of Completion for the Site, or part thereof, after written request from the Developer, theAgency shall, within thirty (30) days of written request therefor, provide the Developer with a written statement of the reasbns the Agency refused or failed to furnish a Certificate of Completion. The statement shall also contain Agency's opinion of the actions the Developer must take to obtain a Certificate of Completion. If the reason for such refusal is confined to the immediate availability of specific items of materials for landscaping, the Agency shall issue its Certificate of Completion upon the posting of a bond by the Developer with the Agency in an amount representing a fair value of the work not yet completed. If theAgency shall have failed to provide suchwritten statement within said thirty (30) day period, the Developer shall be deemed entitled to the Certificate of Completion. D. 'Such Certificate of Completion shall not constitute evidence of.compliance with or satisfaction of any obligation of the Developer to-any holder of any deed of trust securing money loaned to finance the improvements, or any part thereof. Such Certificate of Completion is not a notice of completion as referred to in the California Civil Code, Section 3093. 3.7 Obligation to Refrain from Discrimination The Developer covenants and agrees for itself, its successors, its assigns and every successor in interest to the Site or any part thereof, there shall be no discrimination against or segregation of any person, or group of persons, on account of race, color, creed, national origin, sex, marital status, handicap, religion or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site nor shall the Developer itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, leases, subtenants, sublessees, or vendees of the Site. 3.8 Form of Nondiscrimination and Nonsegreuation Clauses The Developer shall refrain from restricting the rental, sale or lease of the property on the basis of race, color, creed, ancestry, national origin, sex, marital status, handicap, or religion of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: A. In deeds: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them that 43533,900 Ap~ 28, 1993 there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, national origin, sex, religion, marital status, handicap, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land." B. In leases: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and ~this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, national origin, sex, marital status, handicap, religion, or ancestry, in the leasing,-subleasing, transferring~ use, occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the premises herein leased." C. In contracts: "There shall be no discrimination against or segregation of, any person, or group of persons on account of race, color, creed, national origin, sex, religion, marital status, handicap, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the transferee himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the premises." 3.9 Effect and Duration of Covenants The covenants established in this Agreement shall, without regard to technical classification and designation, be binding for the benefit and in favor of the Agency, its successors and assigns, the City and any successor in interest to the Site or any part thereof. The covenants contained in this Agreement relating to the use and maintenance of the Site and improvements thereon shall expire at the end of the twenty-five (25) year following funding of the loan provided for herein. The covenants contained in this Agreement against discrimination shall remain in perpetuity. 43533.900 April 28, 1~93 IV. DEFAULTS, REMEDIES AND TERMINATIONS 4.1 Defaults -- General A. Subject to the extensions of time set forth in Section 5.4, failure or delay by either party to perform any term or provision of this Agreement constitutes a default under this Agreement. A party claiming a default (claimant) shall give written notice of default to the other party, specifying the default complained of. B. The claimant shall not institute proceedings against the other party and shall not be entitled to damages if the other party within fourteen (14) days from receipt of such notice immediately, with due diligence, commences to cure,.. correct or remedy such failure or delay and shall complete such cure, correction or remedy within sixty (60) days from the date of receipt of such notice or if such cure, correction or remedy by its nature cannot be affected within such sixty (60) days, such cure, correction or remedy is diligently and continuously prosecuted until completion thereof. Such cure, correction or remedy shall include payment of any costs or damages incurred by the nondefaulting'party during the period of default. 4.2 Effect of Violation of the Terms and Provisions of this Agreement After Completion of Construction The Agency is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, both for and in its own rights and for the purposes of protecting the interests of the community and other parties, public or private, in'whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. The Agreement and the covenants shall run in favor of the Agency without regard to whether the Agency has been, remains, or is an owner of any land or interest therein in the Site or in the Project area. The Agency shall have the right if the Agreement or covenants are breached, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which it or any other beneficiaries of this Agreement and covenants may be entitled. 4.3 Institution of Legal Actions In addition to any other rights or remedies, either party may institute legal action to cure, correct, or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Agreement. 43533.900 April 28, 1993 -15- 4.4 Venue of Legal Actions Any legal actions brought pursuant to this Agreement must be instituted in the Superior Court of the County of Riverside, State of California, in any other appropriate court in that County, or in the Federal District Court in the Central District of California. 4.5 APPlicable Law The laws of the State of California shall govern the inter- pretation and enforcement of this Agreement. 4.6 Acceptance of Service of Process In 'the event that any legal action is commenced by the Developer against the Agency, service of process on the Agency shall be made by personal service upon the Executive Director of the Agency, or in such other manner as may be provided by law. In the event. that any legal action is commenced by the Agency against the DevelOper, service of process on the Developer shall be made by personal service or in such other manner as may be provided by law. 4.7 Riqhts and Remedies are Cumulative Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise of it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 4.8 Inaction Not a Waiver of Default Any failures or delays byeither party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, or deprive either party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. 4.9 Damaqes If a default is not fully cured by the defaulting party as provided in Section 401, the defaulting party shall be liable to the other party for any damages caused by such default, and the nondefaulting party may thereafter (but not before) commence an action for damages against the defaulting party with respect to such default. 43533.900 April 28, 1993 -16- 4.10 Specific Performance If a default under this Agreement is not fully cured by the defaulting party as provided in Section 401, the nondefaulting party at its option may thereafter (but not before) commence an action for specific performance of the terms of this Agreement. 4.11 Termination by the Agency A. The Agency may terminate this Agreement in the event that prior to the filing of the Certificate of Completion and in violation of this Agreement: 1. The Developer (or any successor in interest) assigns or attempts to assign the Agreement or any rights therein 'or in the Site, or ' 2. The Developer does not obtain a Plot Plan and related documents as required by the Agreement, in satisfactory form and in the ~anner and by the dates respectively provided in this Agreement therefor; or 3. If any default is not cured as provided in Section 4.1. Such termination shall be without prejudice to the rights of the Agency against Developer for breach of the Agreement and any termination shall not constitute a breach or default on the party of the Agency. 4.12 Termination by Developer The Developer may terminate this Agreement in the event that the Agency defaults in the performance of any material obligation hereunder and such failure is not cured as provided in Section 4.1. 4.13 Procedure for Termination In order to Terminate this Agreement for any of the reasons set forth in Sections 4.12 and 4.13 above, the party proposing to terminate shall deliver written notice of its intent to do so at least fifteen (15) days prior to the proposed date of termination and stating the reasons for the termination. The party proposing to terminate the Agreement may withdraw the proposed termination or extend the effective date at any time prior to the effective date of the termination. 43533.900 April 2g, 1993 -17- V. GENERAL PROVISIONS 5.1 Rights of Obliuees The provisions of this Agreement do not limit the right of obligees to foreclose or otherwise enforce any mortgage, deed of trust or other encumbrance upon the Site, or the right of obligees to pursue any remedies for the enforcement of any pledge or lien upon the Site provided, however, that in the event of a foreclosure sale under any such mortgage, deed of trust, or other lien or encumbrance, or sale pursuant to any power of sale contained in any such mortgage or deed of trust, the purchaser or purchasers and their successors and assigns, and the Site, shall be, and shall continue to be subject to all the conditions, restrictions and covenants herein provided for. .5.2 City and Other Governmental Agency Permits A. Before commencement of construction or development of any buildings, structures or other work of improvement, the Developer shall, at its own expense, secure or cause to be secured any and all permits which may be required by the City and any other governmental agency having jurisdiction as to construction, development or work. The Agency shall provide all proper assis- tance to the Developer in securing these permits. B. The Developer assumes all responsibility for taking all actions necessary to comply with the Subdivision Map Act (Government Code 66410 et seq.) and local subdivision enactments related thereto in order to comply with the scope of development. 5.3 Access to the Property The Developer agrees to permit and does hereby permit the Agency access to the Site for the purpose of assuring compliance with this Agreement. 5.4 Enforced Delay: Extensions of Times of Performance In addition to specific provisions of this Agreement, Performanceby either party hereunder shall not be deemed to be in default, and all performance or other dates specified in this Agreement shall be extended, where party seeking the extension has acted diligently and delays or defaults are due to events beyond the reasonable control of the party such as but not limited to: war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidem- ics; quarantine restrictions; freight embargoes; lack of trans- portation; governmental restrictions or priority; litigation; unusually severe weather; acts or omissions of another party; or any other causes beyond the control of or without the fault of the 43~33.900 Ap~ 28, I~3 party claiming an extension of time to perform. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the mutual agreement of Agency and the Developer. 5.5 NonliabilitV of A~encv Officials and EmPloYees No member, official or employee of the Agency or the City shall be personally liable to the Developer, or any successor in interest, for any default or breach by the Agency (or the City) or for any amount which may become due to the Developer or successor or on any obligations under the terms of this Agreement. 5.6 Nonliability of Developer Officials and Employees No member, 'official or employee of Developer shall be personally liable to the Agency, or any successor in interest, in the event of any default or breach by the Developer or for any amount which may become due to the Agency or successor or on any obligations under the terms of this Agreement. 5.7 Inspection of Books and Records Each party has the right.to inspect, at reasonable times, the books and records of the other pertaining to the Site as pertinent to the purposes of this Agreement. 5.8 Conflicts of Interest The Developer warrants that it has not paid or given and will not pay or give any officer, employee or agent of the City or Agency any money or other consideration for obtaining this Agreement. 5.9 Notices, Demands and Communications Amonu the Parties Written notices, demands and communications among the Agency and Developer shall be sufficiently given by personal service or dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of the Agency and Developer described in Section 105. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate as provided in this Section. Notwithstanding anything to the contrary 43533.900 Ap~ 28, 1~3 contained herein, notice personally served shall be deemed to have been received as of the date of such services. VI. ENTIRE AGRERMENT, WAIVERS AND AMENDMENTS 6.1 This Agreement shall be executed in four duplicate originals, each of which is deemed to be an original. This Agreement includes pages i through 17, and Exhibits i through 6, which constitute the entire understanding and agreement of the par- ties. 6.2 This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negoti- ations or previous agreements between the parties or their ~predecessors in interest with respect to all or any part of the subject matter hereof. 6.3 All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the Agency or the Deve!oper,_and all amendments hereto must be in writing and signed by the appropriate authorities of the Agency and the Developer. 6.4 In any circumstance where under this Agreement either party is required to approve or disapprove any matter, approval shall not be unreasonably withheld. 6.5 The parties hereto.acknowledge that they were represented by counsel in the negotiation and preparation of this Agreement, and such counsel have participated in the drafting of this Agreement. 6.6 This Agreement, when executed bythe Agency and delivered to the Developer, must be authorized, executed and delivered bythe Developer within ninety (90) days after the date of signature by the Agency or this Agreement shall be voidable by notice in writing to the Developer. IN WITNESS WHEREOF, the Agency and the Developers have signed this Agreement. 43533.900 April 28, 1993 -20- DATED: ATTEST: June S. Greek Secretary TEMECULA REDEVELOPMENT AGENCY By Ronald J. Parks Chairman APPROVED AS TO FORM: SCOTT F. FIELD Counsel to the Agency DATED: PROFESSIONAL HOSPITAL SUPPLY, INC., a California Corporation ATTEST: Secretary DATED: By President MEDICAL DESIGN CONCEPTS, INC., a California Corporation ATTEST: Secretary DATED: By President AMERICAN MATERIAL ALLIANCE, INC., a Corporation MANAGEMENT California ATTEST: Secretary By President 43533.900 April 7.8, 1993 -21- STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On , 19 , before me, , the undersigned, a Notary Public in and for said state, personally appeared and , known to me to the persons who executed the within instrument as Chairman and Secretary, respectively, of the REDEVELOPMENT AGENCY, CITY OF , CALIFORNIA, the public agency therein named, and acknowledged to me that such Agency executed the within instrument pursuant to its bylaws or a resolution of its members. WITNESS my hand and official seal. Name (typed or printed) STATE OF CALIFORNIA COUNTY OF On , 19 , before me, the undersigned, a Notary Public in and for said State, personally appeared SCOTT F. FIELD, personally known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. WITNESS my hand and official seal. (SEAL) Notary. Public in and for said State 43533.900 April 28, 1993 -22- STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this day of , 19__, before me, the undersigned Notary Public in and for said state, duly person- ally appeared , known to meto be the President, and , known to me to be the Secretary, of the corporation that executed the within instrument on behalf of , the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. (SEAL) Name (typed or printed) 43533.900 April 28, 1993 EXHIBIT NO. SITE MAP [To be provided] 43533.900 April 28, 1993 ~,,, EXHIBIT NO. 2 LEGAL DESCRIPTION Parcels 3 and 4 of Parcel Map 23969 on file in Book 169, pages 11, 12 and 13 of Parcel Maps, Records of Riverside County, California. 43533.900 April 28, 1993 EXHIBIT NO. 3 SCOPE OF DEVELOPMENT I. GENERAL DESCRIPTION The Site is approximately square 'feet 10.55 ac[es. It is generally located~:?".Developer shall'..'develop a. square foot in the Crystal Ridge Business Park. II. DEVELOPMENT Developer shall construct or cause the construction of a 41.000 smaare foot and 140.000 s~uare foot building. Said building ;shall be constructed of masonry, concrete or concrete block, steel or other such materials. Prefabricated metal panels or components shall not be utilized for exterior walls unless specifically approved by the Agency. A. ArchiteCture and Design The Developer's improvements shall be of high architectural quality, and shall be effectively and aesthetically designed. The shape, scale'of volume, exterior design and exterior finish of the building shall be visually and physically related .to and an enhancement of and to other new buildings within the Project Area. B. Signs Signs shall be limited in size, subdued and otherwise designed to contribute positively to the environment. Signs identifying the building use will be permitted, but their height, size, location, color, lighting and design shall conform to the Temecula Zoning Code. No animated signs or signs extending above the roof parapet are allowed. C. Building Setbacks Building Setbacks shall be approved by the Agency and shall conform to the Temecula Zoning Code. D. Building Height Building heights shall not exceed that permitted by the applicable zoning. 43533.9(]0 April 28, 1993 E. Vehicular Access Vehicular access shall be conformed to the Temecula Zoning Code. F. Loading Adequate loading and unloading space shall be provided as required by the Temecula Zoning Code. Loading spaces visible from streets shall be landscaped or screened to prevent an unsightly or barren appearance. (Number of loading spaces to be determined by the Department of Planning and Building.) G. Screening All outdoor storage of materials or equipment shall be enclosed or screened by walls, landscaping or enclosure to the extent and in the manner required by the Agency. H. Landscapin~ Developer, where applicable, shall maintain landscaping on the Site and within setback areas along all street frontages adjoining the Site. Landscaping shall consist of trees, shrubs and installation of an irrigation system adequate to maintain such plant material. The type and size of trees to be planted, together with landscape plan, shall be subject to Agency approval prior to planting. I. Utilities All utilities on the Site shall be underground or enclosed at Developer,s expense whenever physically and economically feasible, or when not feasible, all above ground utilities shall be placed at the rear portion of the Site. J. Parkinq On-site parking shall be as required by the Temecula Zoning Code. K. Paintinq All exterior painted walls shall be painted by Developer with a color(s) subject to Agency approval which approval shall not be unreasonably withheld. III. EASEMENTS Developer shall grant and permit or cause the granting and permission of all necessary and appropriate easements and rights 43533.900 April 28, 1993 for the development of the Site, including but not limited to temporary construction easements and easements and rights of vehicular access, pedestrian access, parking, structural support, sanitary sewers, storm drains, water, electrical power, telephone, natural gas, as are necessary for and consistent with the development as contemplated herein. IV. CONTROLS AND RESTRICTIONS -- MISCELLANEOUS Controls and restrictions consistent with this Agreement including but not limited to minimum size parking spaces and minimum loading facilities shall be consistent with the Temecula Zoning Code. IMPROVEMENT. FACILITIES, UTILITIES, DEMOLITION, SITE CLEARANCE. AND ON AND OFF-SITE WORK Developer shall provide or cause to be provided the off-site public improvements (as described below), utilities (except to site), demolition, site clearance and site preparation as described in this Paragraphs. All improvements to be constructed byDeveloper shall be constructed or installed in accordance with the technical specifications, standards and practices of the City, and in accordance with approved plans and specifications. Developer,s plans for such public improvements shall be submitted to the Agency for review and approval prior to advertising for bids in accordance with this Agreement. All such activities shall be completed in accordance with high architectural standards at a time and in a manner consistent with this Agreement and Developer's design and construction efforts; however, when public improvements are under construction or are completed, any unreasonable changes required by either party, except for changes which are necessary for the work to conform to the previously agreed upon and approved plans and specifications, shall be at the expense of the party requesting such change. 43533.900 Ap~ 28, 1993 EXHIBIT NO. 4 SCHEDULE OF PERFORMANCE Execution of Agreement On or before May 10, 1993. Agreement shall be autho- rized, executed and de- livered by Developer to Agency. Approval of Escrow Instructions Prior to close of escrow. General Counsel approve form of instructions. shall escrow Plot Plan Approval On or before May 13, 1993. Developer shall submit a plot plan application to the Planning Department. Conditions Precedent On or before Developer satisfies all conditions precedent specified at Section L.6, including land use entitlement approval. A~encv Assistance Agency approves Agency loan to Developer through escrow. Five business days after Developer satisfies conditions precedent. Basic Concept Drawings On or before May 10, 1993 Developer shall prepare and submit to Agency Basic Concept Drawings. Approval -- Basic Concept Drawings and Agreement On or before May 27, 1993 Agency shall approve, conditionally approve, or disapprove the Basic Concept Drawings. 43533.900 April 28, 1993 ~ 8. On or before June 10, 1993 10. 11. 12. 13. 14. Final Drawinus and Plans Developer shall submit final drawings and plans to City for issuance of building permits Evidence of Financinu Developer shall prepare and submit to Agency evidence of financing for the Project. Issuance of Building Permits Subject to fulfillment of this Agreement, and sUb- ject to all applicable City Codes,-. City shall issue building permits with respect to the pro- ject. Sales Tax Ordinance Agency initiates adoption of sales tax ordinance. Commencement of Construc- tion Developer shall use best efforts to commence construction of the pro- ject. Validation Action Agency initiates validation action. Completion of Construc- tion of First Phase On or before June 12, 1993. On or before July 8, 1993 On or before July 12, 1993. On or before August 10, 1993 On or before August 11, 1993. On or before August 10,1994 43533.900 April 28, 1993 EXHIBIT NO. 5 DEED OF TRUST 43533.900 April 28, 1993 EXHIBIT NO. 6 PROMISSORY NOTE 43533.900 April 28, 1993 ITEM 16 ~ITY ATTORNEY TO: FROM': DATE: SUBJECT: CITY OF TEMECULA STAFF REPORT 'City Manager/City Council Scott F. Field, City Attorney May 11, 1993 Redevelopment Agency Loan for Quicksilver Enterprises, Inc, located at 27495 Diaz Road, Temecula. RECOMMENDATION: - Adopt. a resolution entitled: RESOLUTION 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE REDEVELOPMENT AGENCY LENDING $60,000 TO QUICKSILVER ENTERPRISES, INC., TO RESTORE FACILITIES DESTROYED BY THE JANUARY, 1993 FLOODS DISCUSSION: Over the weekend of January 15 through 18, 1993, a devastating flood struck Murrieta Creek through the City of Temecula. Many business were damaged by this flood, including Quicksilver Enterprises, Inc., located at 27495 Diaz Road, Temecula. Quicksilver manufacturers ultralight aircraft. Prior to January 18, 1993, Quicksilver employed 45 persons. As a result of flood damage, Quicksilver had to replace or repair $130,000 in shop equipment, computers and telephones, and office equipment. In addition, there were losses of $74,000 in inventory, $6,600 in administrative supplies, and $19,000 in engineering documents. For the six weeks following the flood, manufacturing halted and all employees dedicated themselves to flood clean-up. Since then, two employees have been permanently laid off and employees are working approximately three days a week. These extraordinary expenses reduced available cash for inventory, and consequently, manufacturing capacity is constrained. Quicksilver has applied for a Small Business Administration loan of $458,000. Unfortunately, this loan application was originally rejected, although it is now being reworked and Quicksilver management is hopeful that some loan will be forthcoming. 2//~:/Agende.Rl~t/QuieUlv City Council Agenda Report Quicksilver Restoration Loan May 11, 1993 Page 2. In the meantime, Quicksilver has requested a $60,000 loan from the City for 120 days. The loan is subject to a five percent (5%) per year interest rate. Security will be a letter of credit issued by the Bank of Paris, based upon accounts receivable. The justification for this loan is as follows: This loan will enable Quicksilver to stay in business pending the SBA loan. Consequently, it will allow Quicksilver to continue to offer employment opportunities to persons located within the Project Area. It will prevent 45 people from otherwise becoming jobless, and will provide Quicksilver with the means to bring those persons presently underemployed to full employment. One of the principal purposes of the Temecula Redevelopment Agency is flood cor~trol. This loan will enable those companies damaged by the recent flood to stay in business while the long term improvements 'intended to avoid future flooding can be installed. In exchange for providing this loan, Quicksilver will release the City and the Agency from any liability associated with the flood. FISCAL IMPACTS: If the loan is repaid, the Agency will receive a five percent (5%) return on its money. The potential loss to the Agency is sixty thousand dollars ($60,000). ATTACHMENTS: Resolution of Approval 2/R:/AOend$.Rlat/Quickelv 2 ~ April 13, 1993 Dave Dixon City MEager City of Temecula Temecula, CA 92590 Dear Dave, I would like to thank you for the meeting this rooming. Based on that meeting we would like to make a formal request for financial assistance from the City of Temecula. This request is due to the tremendous damage done to Quicksilver by the flood on January 16, 1993. Quicksilver hitd no responsibility for the flood; it has become a victim. Prior to the flooding Quicksilver was in good financial condition and was financing itself with its own cash flow. ff the flooding had not occurred, the company would not need any financial assistance. The clean up costs alone were $115,000. The company has expended over $250,000 in cash in flood related costs plus damage of over $200,000 to other assets. Quicksilver is the wo~ds largest manufacturer of ultralight aireral~ and has become wo~d renown for its quality products. Quicksilver is a highly respected company as noted by the included letters from NASA and the United States Ultralight Association. It currently furnishes pans and service for over 11,000 aircraft through 70 U.S. dealers and 28 foreign distributors. Quicksilver has been an employer in Temecula for eight years. It currently 45 to 55 employees and does substantial business with other small companies in the city. It should be noted that all of Quicksilvers revenues are from external sources and over a million dollars a year is spent in the community by Quicksilver, its employees and visitors to the company. In the past Quicksilver has been highly involved in community programs furnishing aircraft, equipment and personal at no charge. Quicksilver in an imernationally renown company, has been featured in major magazines such as National Geographic, Car and Driver, every major aviation publication domestic and foreign, and many more. The company and its products have been featured on major television programs sueh ESPN, Discovery and Real People. In regards to newly formed Temecula Film Council Quicksilver products and services have appeared in over 30 major motion picture and television films. Quicksilver has had several economic oppommities to leave the community to conduct its business elsewhere. Quicksilver chose to stay in the community. If Quicksilver had any idea there was a problem with the flood control channel it would obviously have moved. World' s Lar~lest Manufacturer of Recreational AIrcraft P.O. Box 1572, Temecula, CA 92593 U.S.A. · Tel: (909)' 676-6886, FAX (909) 6764883 There was no warning of this problem from anyone althouSh it appears some federal and/or state govetth'h~nt aBeno/may have prevented the work now in process on the channel. ff this is true it must be neBiiBence on their part due to the reality they are now clearing it after the fact. At a time when ~e City of Temecula is trying to attract more industry and jobs to the area, we fed it is only fair that Quicksilver receive assistance. Quicksilver has been loyal to the community and invested its dollars to stay here. We respecffdly ask the City of Temecula to return the favor and to help a friend and fellow business associate facing a financial problem crealed not by Quicksilver or the economy but by problems of the community as a whole. Quicksilver reque~ a loan orS100,000 for 120 day~ until f-~n6ng ~an be t~nnli-ed ~ the Small Business Administration and other ~ institutions. Since the flood, company resumed produ~on in the month of Maroh and made a pro~ but the shortage of adequate working capital will cause irrepm'nble harm to the company in its ability to produce complete products. Time is of the essence and we respectfully ask the City to expedite this request. Quicksilver has been a siSni~cant asset tO the community and wig continue to he so if it receives ~nanci~l assistance. Sincerely,, ENTERPRISES, INC. A PuDlic Corporation Mike Inglett SBA Loan Officer U.S. Small Business Administration Disaster Area 4, MAIL CODE 9040 · P.O. Box 13795 Sacramento, Ca 95853-4795 April 12, 1993 Dear Mike, As you know our request for financial assistance is due to the flood that occurred on January 16, 1993. If that disaster had not occurred, Quicksilver ~'ould not need the requested financing. Quicksilver had no responsibility in causing the flood, it was only a victim. ff the Fedef-al Emergency Man~ement Agency charier is truly to help disaster victims, Quicksilver is a prime candidate. The obvious concern to the SBA is the ability of Quicksilver to repay the loan. The company has proved its creditability and ability to repay the loan for the following reasons; (1) Quicksilver has proved it is a viable company in that it has continued its operation after expending over $250,000 in cash due to the flooding plus additional $200,000 damage to fixed assets. (2) It made a profit in the month of March even on very limited funds, (3) It has been in existence and operational for eight years, (4) it has drastically reduced its overhead from previous years, (5) Quicksilver is an ongoing concern. It provides pans and service for over 11,000 aircraft wo~dwide through 70 U.S. dealers and 28 foreign distributors and (6) before the flood Quicksilver was financed with its own cash flow from operations with no assistance from any lending institution. Without financial assistance Quicksilver will begin a slow death due to the unavailability of adequate working capital. The failure of Quicksilver will have devastating affects on many people and jobs through out the United States. The loss of revenues to Federal and State governments will in the end largely exceed the total funding requested by Quicksilver. Currently 50% of Quicksilver sales are foreign creating over $1,500,000 a year in trade surplus and during its eight year history has brought in over $12,000,000 in t,rade surplus. If Quicksilver fails those dollars will be lost to foreign competitors. The income tax dollars lost to the federal government will be at least $250,000 a year in addition unemployment benefits paid could exceed $30,000 a month. The funding requested is based on much more conservative criteria than what was requested by Chrysler several years ago. If the government had not helped that manufacturer, it would have surely failed. World' s Largest Manufacturer of Recreatiorml AirtrOt RO. Box 1572, Temecula, CA 92593 U.S.A. · Tel: (909)676-6886, FAX(909)676-4883 Quicksilver chose to build its future on a quality product not on instant quarterly profits. We have proven that by establishing ourselves as leaders based on quality and by reducing our expenses we have moved the company toward profitability and a Ion~ term future. The ultralight industry has now established itself and is the fastest growing segment of aviation. As Quicksilver is the leader it will benefit the most. The Japanese have proven that by taking 10 to 20 years to develop strong oompanies end strong industries they built a solid future. At a time when we are giving billions to ford fin countries it is time for our government to also help our own country. Small business is the backbone of America. Please do not destroy more jobs in America. ff there was ever a need for disaster fundin8 it is now. We the employees of Quicksilver have worked long and hard, we have dedicated our lives and future to building the BF, ST ultralight aircraft in the world. We did not cause the flood but we did survive it, please give us the chance to fulfill our promise as American workers, *TO Succeed.' ofQuicksilver ' · April 5, 1993 MIKE INGLET SMALL BUSINESS ADMINISTRATION DISASTER AREA 4 MAIL CODE 9040 PO BOX 13795 SACRAMENTO CA 95853-4795 Dear Mr. Inglet, I am writing is to express how important Quicksilver Enterprises is to the sport aviation community in the United States and internationally. In this letter we 'hope to persuade the Small Business Administration to assist Quicksilver's recovery from the damaging flood of January 16, 1993. The United States Ultralight Association, Inc. (USUA) is the U.S. membership organization whose members seek to promote, protect, and represent the sport of aviation through the development of powered ultralight and microlights. USUA's membership is currently more than 6,000 individuals worldwide. The Association has maintained an annual growth rate of over 30 percent for the last several years. USUA produces safety information to members on a regular basis through seminars and forums in the national publication, Ultralight Flyiz~g/magazine. In addition, USUA has a national network of over 400 clubs and instructors which enhances the dissemination and feedback of information of concern to our sport. USUA also represents the U.S. on the International Microlight Commission who's 38 member countries represent 32,000 ultralight pilots around the globe. The most recent USUA survey shows that 37 percent of registered owners chose Quicksilver planes, a far higher percentage than any other manufacturer. Additionally, 58 percent of 2-place ultralight trainer are Quicksilvers according to a January, 1993, instructor survey. These facts, combined with the reputation for high quality P.O. Box 667 Frederick, MD 21705 United States Ultralight AssoCiation, Inc. A Founding Member of the Air Sports Council (301) 695-9100 Phone (301) 695-0763 FA,X' has kept Quicksilver as the leading manufacturer of ultralight/microlight aircraft. Quicksilver has traditionally been very involved with the safe, knowledgeable operations of ultralights by customers. For example, Quicksilver supports a world-wide dealer network. Through this network Quicksilver regularly provides safety information regarding both the mechanical/structural aspects and flight safety/training information. Another indicator of Quicksilver's commitment to safety i.s the company requirement for each Quicksilver dealership to have a qualified flight instructor on staff. No other manufacturer provides such high quality service and information over such awide distribution network. Ultralight/microlight aviation is the fastest growing segment of sport aviation, and Quicksilver is a' crucial element in the sport. Their excellent products combined with the long=standing commitment to safety has effectively created the standards for other manufacturers to follow. Qui.cksilver's commitment to quality has remained strong over the years even though some competitors have taken advantage of the lack of manufacturing standards for ultralight vehicles. Quicksilver management has repeatedly expressed the knowledge that it takes many years for an industry to mature, and that long-term success is to steadily produce quality products and good customer service. It is my sincere hope that the Small Business Administration will help Quicksilver recover from the damaging flood which was so destructive to the factory. Loss of Quicksilver Enterprises would adversely affect sport aviation throughout the world and especially in the United States. Regards, Joh~ Ballantyne, Pre DDARTMENT O~ FOREST SCIENCE OREGO~ STATE UNIVERSITY Forestry Sciences Lab. 020 CorralIll, Or·Ion 97331. ?SO1 Telephone S03 · 737- 2244 Fax 503.737. 1393 Mr. Mike lnglett, Loan Officer U.S. Small Business Administration Distaster Branch Office P.O. Box 1379~ Sacramento, CA. 95853 April 5, 1~3 Dear Mr. IngletC I rapresent the NASA-sponsored Center for Airborne hvironmental Analysis located ·t Oregon State University. It is my understanding that Quicksilver Enterprises, Inc. (Cue # 2629-00747) has applied for · disaster relief loan through your office to usist them in recovering from winter storm damage that occu~cd this past ~anuary. Hopdully, Quicksilver will be successful in this endeavor. During the previous five years, Quicksilver aircraft have been successfully used for NASA-funded environmental studies in the United States. Numerous aircraft were. considered for this research, including helicopters. Quicksilver sircraft were f'mally selected for our studies based on aeronautical design, construction and safety considerations, and the company's proven performance over the put twenty years. The successful results achieved using Quicksilver aircraft has prompted NASA to fund the Center for Airborne. Environmental Analysis. Several additional planes will be purchased from Quicksilver over the next couple of years to allow other scientists from NASA, USDA, DOE, and Harvard University to expand their airborne research programs world-wide. Fm concerned that our program objectives will be seriously affected ff'(~uicksllver is unable to fully recover from winter storm damage. Cm'rcntly, there is no other plane available to take the place df Qufcksllver tireraft. I hope you will consider this when awarding the disaster relief loan to Quicksilver Enterprise. Inc. Sincerely: Richard W. McCreight, Co-director Center for Airborne Environmental Analysis City. of Temecula 43174 Business Park Drive · Temecula, California 92590 j.hl Mu~oz Mayor Ron Roberrs Mayor Pro Tern Ronald J. Parks Councilmember Jeff Stone Councilmember Patricla H. Birdsall Councilmember David F. Dixon City Manager (9O9) 694-1989 FAX (909) 694-1999 April 8, 1993 . Mike Inglette SBA Loan Officer U.S. Small Business Administration " Disaster Branch Office P.O. Box 13795 Sacramento, CA 95853-4795 RE: Case # 2629-00747, QuickSilver Enterprises, Inc. Dear Mr. Inglette: As a result of conversations with QuickSilver Enterprises, Inc., a business located within the City of Temecula, I am concerned that the Small Business Administration has not given adequate consideration to the losses sustained by this company, nor, as a result, to the City of Temecula. The flooding of January 1993 has had a major impact on residents and business owners within the City of Temecula. Some, such as QuickSilver, are operating on small profit margins and lack the resources to now weather a denial of assistance from the SBA. QuickSilver employs more than 50 members of our local community. The combined effects of flooding, the poor economic climate in the State of California, and now a potential rejection of federal assistance may force a closure that not only effects the 50, but the larger community as that source of consumer spending withers. I encourage you to review the QuickSilver application anew, and allow all possible leniency in the application of SBA standards and rules. Thank you for your cooperation and assistance. bcc: J. Lasco / W. Edvalson QUZCKSZLVCR CNTCRPRZSCSt ZNC. ZNTERNAL RCVZCN PRCPARCD BY NANAGCNCNT (FinsncisZ Statements) February 28, 1993 C QUICKSILVER ENTERPRISES, BALANCE SHEETS FEBRUARY 28, 1993 1993 ASSETS Current Assets= Cash Accounts receivable trade Allovance for D/A Hlsc, Accts. receivable Inventories Prepald expenses Deposlts 943, e65 $2el,956 ($35, eee) $12,278 s893,51e s12,897 sXl, e85 Total current assets $1,139, 791 INC. 1992 $28,145 S223,942 ($32,293) $9,59e $1,055,245 $12,741 624,724 $1,324, e94 Flxed Assets: Offlce Equlp. & Furniture Hachlnery Leasehold improvements Accumulated depreciation Net property and equipment Note Rec. from ther assets Total assets Officer Liabilities & Stockhldr Equity Current liabilities= Bank overdrafts Accounts Payable Obligation-long term debt Loans payable-bank assigned Accrued expenses (see note) Loan payable-Stockholder Total current liabilities Long Term Debt $75,098 S549,446 $29,788 ($241,580) $412,752 S118,324 S2,368 Sl,673,215 Se s387, Se2 s67,512 $158,379 $~44,007 s11,299 s868,699 $253,94e $117,419 S721, 049 $29, 788 ( S344, 715 ) S523, 541 S109, 433 Sl, 868 Sl,958,936 S31,291 S262,577 9123,419 S82,92e $193, e46 S43,000 $716,253 S252,604 Stockholders' Equity Common Stock Additional Paid-In Capital Retained earnlngs Total Stockholders' Equlty Total liabilities & equlty S392,735 S2,599,519 (92,441,678) S55e, 576 Sl, 673, 215 $349,922 $2,636,659 ($1,996,502) $990,079 Sl,958,936 GUICKSILVCR ENTERPRISES, YEAR TO DATE STATEMENT OF FEBRUARY 28, 1993 INC. INCOME Net Salem 1993 $2,219,765 Per Cent to Salem 100.00% 67.91% 32.09% Cost of Goods Sold $1,507,476 Gross Profit S712,289 Operating expenses: Administrative Manufacturing Engineering Research & development Sales & Marketing $296,115 $209,867 S43,676 $28,934 S126,903 30 34% 45% 97% 30% 72% Depreciation & Amortization $59,956 2.70% Total-expenses $765,451 34.48% 'Other income (expense): Interest income Interest expense .Other income $3,639 ($37,204) S3,449 0.16% -1.68% 0.16% -1.36% Total other income (S30,116) Income before extraordinary item Extraordinary item - loss from flood damage (see note) ($83,278) (S242,540) -3.75% -10.93% Net Proflt (loss) {S325,818) -14.68% 1992 $2,220,533 $1,574,372 S646,161 $322,884 $183,845 944,720 $33,926 $148,171 S69,455 S803,001 $5,416 (896,278) $319 ($90,543) ($247,383)' (S247,383) Per Cent to Salem 100.00% 70.90% 29.10% 14.54% 8.28% 2.01% 1.53% 6.67% 3.13% 36.16% 0.24% -4.34% 0.01%.~ -4.08% -11.14% -11.14% Net Sa~ee QUICKSILVER ENTERPRISES, INC. TENTATIVE STATEMENT OF INCOME FEBRUARY 28, 1993 1993 S2,594,765 Per Cent to 1992 Sales 100.00% $2,220,533 Cost of Goods Sold 51,762,105 67.91% 51,574,372 Gross.Profit 5832,660 32.09% 5646,161 Operating expenses: Administrative Manufacturing Engineering Research & development Sales & Marketing $296,115 $212,588 $43,676 $28,934 S134,028 11.41% 5322,884 8.19% $183,845 1.681 544,720 1.12% 533,926 5.17% 5148,171 Depreciation & Amortization Total expenses Other income (expense): Interest income Interest expense Other income ~1 other income $59,956 $775,297 2.31% 569,455 29.88% s883,001 53,639 0.14% S5,416 (537,204) -1.43% (596,278) $3,449 0.13% 5319 ($30, 116) -1.16% ($90,543) Per Cent to Sales 100.00% 70.90% 29.10% 14.54% 8.28% 2.01% 1.53% 6.67% 3.13% 36.16% 0.24% -4.34% 0.01% -4.08% Net Profit (loss) before taxes S27,247 1.05% ($247,383) -11.14% Notes to Financial (1) The above statement reflects the income of the company to date with the losses of the January 16, 1993 flood subtracted which was a catastrophic event outside the normal course of business. QUICKSZLVCR CNTCRPRZSCS, INC. COMPARATIVE MONTH TO MONTH ZNCOM[ ~TATCMCNT Net Sales 3AN. & FEB. 1993 $263,361 Cost o~ 'Goods SoZd S156,810 Gross Pro~lt $1060551 Operating expenses: Administrative (See note) Manufacturing Engineering Research & development Sales i Marketing Depreciation & Amortization Total expenses $68,480 $27,092 $6,996 $4,939 S16,388 $11,522 $135,417 Per Cent to Sales 100.00% 59.54% 40.46~ 26.00I 10.291 2.66% 1.881 6.221 4.37Y. 51,421 Other income (expense): Interest income $811 i. 31%- Interest expense ($7,782) -2.95% Other income ($3,400) -1.29% Total other lncome ($10,371) -3.94% Income before extraordinary item ($39,237) Extraordinary item - loss from flood damage (see note) (6242,540) Net Profit (loss) (6281, 777) -14.90% -92.09% -106.99% JAN. & FEB 1992 $564,046 9408,946 S155,100 $54,773 $49,599 $7,032 $7,768 S24,606 614,655 'S158,433 9819 (S11,138) $1,948 (S8,371) (S11,704) $0 (S11,704) Per Cent to S,les . 100.00% 72.50% 27.50% 9.71% 8.79% 1.25% 1.38% 4.36% 2.60% 28.09% 0.15% -1.97% 0.35%0 -1.48% -2.08% -2.08% QUICKSILVER ENTERPRISES, INC. STATEMENT OF CASH FLOWS For the month ended February 28, 1993 1992 Cash Flows From Operating Activities: Net profit (loss) Adjustments to reconcile net income to net cash provided by operating activities: Depreciation and amortization Decrease in Accts. Receivable net of returns & allowances Decrease in inventories Decrease in other current assets Increase (decreased in Accts, Payable and accrued expenses Gain (loss) on disposal fixed assets (S247,384) Total adjustments to net income $140,743 Net cash used by operating activities Cash Flows From Investing Activities: Capital expenditures paid in cash ncrease in Receivable from Officer ctual cash expenditures due flood disaster Net cash provided by investing activities $59,956 $69,455 S73,415 S37,170 $96,878 S101,866 S300 $38,623 ($2,054) ($128,745) ($87,752) - $118,369 $57,466 ($129,015) ($12,907) ($7,607) ($47,205) Cash Flows from Financing Activities= Decrease in long-term debt Increase in current obligations Increase in current obligations - bank assigned notes payable · Cash proceeds from loan-stockholder Increase in Paid-In Capital related to net sales of warrants on common stock Cash paid on Deferred Offering Costs ($67,719) ($31,327) ($7,489) ($38,816) Net cash provided by financing activities ($1,790) (S94,486) $22,761 ($11,417) $22,051 ($478,601) $43,000 S3,946 $642,508 -- ($69,983) $46,968 $31,021 Net (increase) decrease in cash Cash beginning of Year Cash at End of Year I~rest paid $36,715 ($136,810) $6,350 $164,955 943,065 928,145 $37,204 S62,077 QUICKSXLVCR CNTCRPRISCSe INC. SUMMARICS OF LIABXLXTICS (Complementary in~ormation on ~inancial Statements) FCBRUARY 28, %993 BALANCE SHEET INFORMATION= Obligation - long term debt= 18,46% capital lease payable requiring monthly principal and interest payments aggregating $3,675 S47,423 15% capital lease payable requiring monthly principal and interest payments aggregating SSe3 10% capital lease payable requiring monthly principal and interest payments aggreagating $800.70' 13% capital lease payable requiring monthly principal and interest payments aggregating 9564.00 .Other note payable Total current obligations of long-term debt Accrued expenses: Payroll Payroll and sales tax payable Accounting fees Interest payable Worker's Comp, Ins., Misc, expenses Damaged engines being stored for Cinema Exec at the time of flood Other Total accrued expenses $3,949 599 a3,778 96,763 967,512 $161,221 810,799 821,772 82,695 s3e, 6ee 27,940 m244, ee7 QUICKSXLVCR ENTERPRXSESo XNC. COMPARATXVE MONTH TO MONTH XNCOME STATEMENT Cmplementary information on Financial Statements) FEBRUARY 28, 1993 Notes payable - bank assigned Current obligation= Variable interest rate bank loan requiring monthly principal' and interest as follows: six payments aggregating $5,220 and six payments aggregating aXe, e00 effective January 20, 1993, both secured by company assets ll. SeX variable interest rate loan requiring monthly principal and interest payments aggregating $5, ee0, secured by company assets S136, 854 $21o525 Total current obligation of .bank notes S158,379' General and Admin. EXpense reflects s year-to date voice from corporate lawyer for $14,409. ~aordinary item - loss due flood: While the company is still in the process of evaluating the total loss incurred by the disaster, as of this date, the books show the following wrtte-offs: Clean-up expenses Estimated office supplies Clean-up labor by employees Book value of lost equipments Inventories Stored englnes for Cinema Exec Other non-inventory ltems $25,864 $13,375 $38,164 987,752 940,328 $3e, 6ee S6,457 Total loss as of Feb. 28, 1993 S242,540 QUZCKSZLVER CNTCRPRZSCS, ZNC. TENTATZVC HONTHLY ZNCOHC STATCHCNT (~ased on actual aircrafts and replacement parts shipped) As of Hatch 3e, ~gg3 Sales, net of returns & allowances Cost of Goods' Sold Gross Profit Operating Expenses: General & Administrative Nsnufscturlng Engineering Research & Developement Sales & Harksting Depreciation Total Operating Expenses Other income: Interest Interest Expense Ntscellsneous Total other income $263,126 S178,663 984,463 S32, 364 S21, eSe s2, 631 $3, 421 $11,841 $5,761 $77,068 S411 (S4,134) $383 (S3,34e) Per Cent to Sales 67.9e~ 32.1e~ 12.30Z 8. ee~ 1. eo~ 1.32~ 4.5e~ 2.19~ 29.29~ e. 16z -1.57~ e. 15x - 1.27~ Net Income (loss) SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K (Mark O~e) (X) ANNUAL REPORT PURSUANT TO SEL'r!ON 13 OR 14(d) OF TIlE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended May 31, 1992 OR ( ) TRANSITION REPORT PURSUANT TO SECTION 13 OR IS(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from __ to __ Commi.~.~ion File Number 0-17513 QUICKSILVER ENTERPRISES, INC. -. (Exact name of registrant as .,~eci~ed in its charter) Registrant's telephone number, including area code (714} 676-6886 De laware 33-0101882 (State or other jurisdiction of (I.R.S. Employer Identification No.) incorporation or orgaxtiTntion) 27945 Diaz Read, Temecula, CA (Address of Principal Executive Office) 92390 (Zip Cod~) Securities registered pursuant to Section 12Co) of the Act: Name of each exchange Title of each cln~zs on which reprinted None None Securities registered pursuant to Section 12($) of the Act: Common Stock. - S0.01 Par Value CTitle of Class) Indicate by check mark whether the registrant (1) Ins filed all reports required to he filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 month.~ (or for such shorter period that the registrant was required to file such reports), and (2) Ins been subject to such filing requirements for the past 90 days. Yes X No The number of shares of the Common Stock of the registrant ouL~tanding as of October 15, 1992 was 39,273,544. The aggregate market value of the Common Stock held by nonaffiliates of Ihe registrant on such date was approximately $453,868 based upon the average of the bid a;td asked prices of the Common Slock, as reporled by the National Quotation Bureau. PART ! Item 1. Business General Development of Busintss Quicksilver Enterprises, Inc. (the 'Company') is the world's largest manufacturer of powered ultralight aircraft. The Company engineers, designs and manufacturers all of its ultralight aircraft. The Company markets its ultralight aircraft, replacement parts and accessories through a worldwide network of approximately 61 independent dealers located in the United Sates and Canada and 33 distributors located in 27 foreign countries. Ultralight aircraft generally refers to aircraft which meet certain weight, fuel capacity, occupancy. speed and usage requirements established by the Federal Aviation Admini~traticm (the 'FAA") and are therefore not subject Io FAA operator or aircraft certification. Under FAA roles adopted in 1982, a 'powered ultralight vehicle' is not subject to aircraft or pilot certification requirements if it weights no more than 254 potreeLs when empty, flies no faster than 5S knots (63 mph), with a minimum flight speed of 24 knots (27 mph) or less, and is operated by one occupant for sport or recreation. In addition, the aircraft must not operate in certain airspace (such a.; controlled airspace at major airport terminals), may not fly at night, and may not carry mor~ than five gallons of fuel. See below, "Government Regulation - Part 103". Ultralight aircraft also refirs to aircraft that have many of the characteristics and appearances of ultralight aircraft, but because of tt~age, number oil occupants, weight, speed or other feamres,;do not conform to FAA powered ultralight vehicle specifications. in the United SUtes, such aircraft generally must be operated by a licensed pilot and must receive FAA certification. Ultralight aircraft are referred to as "microlight aircraft" in European and other foreign · markets and generally are not subject to pilot or aircraft certification requirements if they weigh less than approximately 331 to 430 pounds empty and have a wing area larger than approximately 107 square feet. As used herein, the term "ultralight aircraft' includes po~'erul ultralight aircraft as defined by the FAA, ultralight type aircraft which are not within the FAA definition of an ultralight vehicle and microlight aircraft. The Company believes that its own growth, as v,'ell as grov,'th in the ultralight aircraft industry during recent years, is significantly affected by the qualit)' of the aircraft in t~rrn.~ of ~fety, price and the ease of learning to pilot the aircraft and the reputation and quality of t.he dealer to s~rvice the aircraft and train the user. Management believes that much of the public concern over the safety of ultralight aircraft ,A'as precipitated after ABC television network aired in December 1983 a report on its '20/20' program questioning the ~fet)' of ultralight aircraft. The Company believes the selection and training of its ultrali.~ht dealers are of priman.. imtxwta:nce to the success of the Company and believes that the quality and design features of its aircraft, in terms of safety, have given the Company a competitive advantage. See 'Business - ComF~tition'. (b) Financial Information About induHr). Segments The Company is engaged in the desjim. manufacture and ~le of ultralight aircraft, such activilies conslituting one indttstry segment. Financial information concerning the Companv's btt,~iness is included and incurl~rated by reli~rence in Part II and Part IV of this Form 10--K. (c} Narrative Description of the B-viness. Products -- Uhralight Aircrt~fi Quicksilver's aeronautical characteristics allow its ultralight aircraft to fly at yen.' slow speeds (as low a.s 24 mph), significantly slower than the general aviation industr). has ken able to altain. In management's opinion, the primary dangers to fl)ing are a possible cra.~h during lakeoff or landing, a midair collision or a structural failure. Because energy is a function of mass and v~ocity, aircraft that travel at slower speeds, and thus create less energy, are believed by m-'ma~ement to be ~fe · . r than aircraft capable'~f higher speeds. For example, because of its lighter weight and slower .~pee[l. the Company's Quick.~ilver MX!! Sprint model, which carries two individuals, creates approximately 1/10 of the energy that a two iNL~senger Ces.~nn 152 airplane creates. In addition, the slower speed gives the pilot more reaction time to make correct in-flight operational decisions. The low kinetic energy created by ultralight aircraft has allowed the development of ballistic parachute recovery systems for the aircraft and pilot. In the event of a midair collisio, or structural failure, the parachute system can be deployed in a matter of seconds, lowering the aircraft to the ground at a nominal decent rate and allowing the pilot and passenger to escape serious injury. This system is operative at an altitude as low as 150 feet. Because of its aeronautical design, the Company's ultralight aircraft are less expensive to build and maintain than conventional aircraft. The Company's primary design thrust centers around modular component construction, allowing low maintenance costs ranging from approximately $S to $10 per hour of operation. The majority of bolts and fittings on the Quicksilver aircraft are visible for immediate inspection and replacement, if needed. The virtues of slow speed enable the Company's ultralight aircraft to offer a unique utility because slower speeds allow an ultralight aircraft to land and take off in a relatively short distance; both take off and landing can occur ~within 7S to 300 feet. Thus, in the event of an engine failure, an ultralight aircraft can function in a space which is approximately 2095 of that required by the smallest general aviation aircraft. Additionally, the reduced landing distance make ultralight aircraft an attractive option to conventional aircraft in land-scarce locations like Japan, Europe and some parts of the United States. Another characteristic is ihat the Compan)"s ultralight aircraft are designed to be disz~mbled and reas~mbled in a time span of from 45 to 90 minutes, allen'lag for storage between uses. The Company currently produces two lines of ultralight aircraft: the Quiclc~ilver MX !'me and the Quicksilver GT line. The Company also sells components and replacement part.~ for iL~ ultralight sirerail and accessories such as pilot fargags, parachutes, jackets and wheel parts. Most of the Company's aircraft qualify as microlight aircraft and may be sold in most European and foreign jurisdicticms. The Company ships its ultralight aircraft in a kit ftwm. The Company's basic model of ultralight aircraft sells for approximately $6,6S0, plus shipping and freight. Initial construction time is approximately 40 hours; training time is approximately 10 hours. Operation costs are approximately $15.130 per hour. A Quicksilver GT ultralight airplane sells for a price starting at approximately $10,2.50, requires approximately 80 hours for initial construction, and approximately 20 hours of training to learn to fly. Operation costs are approximately $12.00 per hour. These costs can be compared with single engine general aviation aircraft, such as a used Cessna 152 which sells for an average price of $22,000 (or a new Cessna IS2. if available. ~'hich ~'ould cost approximately $48,000) and requires 40 hours training for a non-pilot to learn to fly. Operating costs for the smallest general aviation aircraft, in management's opinion, are approximately $35 per hour. There are approximately 220,000 general aviation aircraft currently operated in the United Sates. A large number of the~ general aviation aircraft are flown for recreational purposes. Management believes that ultralight aircraft are an alternative to single engine aircraft. which are becoming both increasingly expensive and less available because yen' few, if an)., traditit~nal single engine models are being produced at the present time. ' Quicksilver MXLine. The Quicksilver MX line of ultralight aircraft currently includes five mt~.lels, designated as follows: MX Sprint, MX Sport, MX-ll HP, MX-II Sprint and MXL-1I Sporl. The MX aircraft are propelled by a push propeller mounted at the rear of the main wing. generally powered by a two-cycle engine; the wing and tail are supported structurally by interconnecting cables and aluminum tubing. The wings of the Quicksilver MX m~u. lels have single-surface and double-surface airfoils; and MX Sport and MXL-I! Sport have double-surface wings. The single-surface model is covered on the top of the v,'ing while the bottom of the wing is nol, leaving the structure beneath the top of the wing exposed. The Quicksilver MXL model has a double-surfaced airfoil; that is, both the tops and bottom of the wings are covered. The aircraft u-~s a three axis control system with a 'joy stick' controlling ailerons and elevator movements and with pedals controlling the rudder. The Quicksilver MX Sprint is designed tO be the Company's entn'-!evel ultralight aircraft. providing conservative, sable flying clu~racteristics. "21 ' The Quicksilver MX-!I Sprint is a two seat, side-by-side ultralight aircraft. It waF. originally built hy the Company for use by its dealers in training purchasers to fly ultralight aircraft, but a ~parate recreational market for this model developed. Because the MX-I! Sprint can seat two occupants, it is required to be certi~cated by the FAA and flown by a licensed pilot or by an operator who has been issued an irtstructor's exemption by the United States Ultralight Association. The aircraft must then be registered with the United States Ultralight Association to be used for instructional purposes only. The QuiCksilver MXL Sport is similar to the Q~icksih'er MX Sl~'int except that the wings have a double-surface airfoil. The QUicksilver MXL-H Sport is also a two seat, side-by-side aircraft differing from the Quicksilver MX-II Sprint in its wing design, having a double surface airfoil. The Quicksih'er MXL-I! Sport is subject to the same FAA regulations as the Quicksilver MX-!I Sprint. Quicksilver GTLitw. The Quicksilver GT line of ultralight aircraft presently includes.two mtxJels, the GT 400 and the GT 5(30. The GT line is designed to obtain a higher top speed and greater maneuverability and fuel efficiency than the Quicksilver MX line. The GT 400 has a double .~urface airfoil, utilizes fla~ and aileron.~, and is Ix~wered by a 40 horsepower, two-cycle engine. The GT fu.~elage i.~ a single tail Ix~om .~imilar to mt~t conventional aircraft with its wings supported principally by struts'rather than canes. The use of the single tail boom enables faster assembly and disassembly for ground transportation and creates a sleeker, more efficient aircraft. The GT line is also offered with a cockpit ~..closure that affords greater comfort in harsher climates. 77re GT.~O0. !n early 1990, the Company introduced the GT S00, a t~'o seat ultralight aircraft with seat.~ in tandem. The GT S00 is designed to preserve many of the flight characteristics of both ultralight aircraft and general aviation aircraft. The basic aircraft weights approximately 420 pounds, can crui~ at ,~ett~ ranging from 35 miles per hour to 7S miles per hour, and obtain top speeds up to 85 to 90 miles per hour. The plane can climb from sea level to 10,000 feet in eight and one-half minutes and has a range of IS0 miles on eight and one-half gallons of fuel. The craft has a useful load capacity of up to 570 pounds and features a dual ignition system, adjustable pilot seats and shoulder harnesses. In addition to the Company's traditional marketing ch,q. nnels. management of the Company intends to market the GT 500 to fixed-base operators. Fixed-base operalors are traditional. small sirports that service general aviation aircraft. Because the GT 500 has many flight characteri~tic.~ of general aviation aircraft, it~ Iov,'er cost would reduce the co.~t of flight training for fixed-base operators. Although it does not have many amenities. the Itmd capacity, performance characteristics and range of the GT 5130 enable it to substitute for small general aviation aircraft and small helicopters in many commercial uses at approximately !/10 to I/4 the purcha.~e price and at significantly lower operation and maintenance costs. ' Commercial Usage Currently several Quicksilver ultralight rnc-,dels are beine u.~ed in variou.~ commercial applications. The aircraft are used for surveillance operations b) ' law enforcement and I~!ice d~partn~nL~ in lieu of more expensive equipment such as helicopters. Presently the Downey Police Department in the Los Angeles County area is trying the Quicksilver GT 400 for surveillance. The aircraft are also used by forestry departmenLo, military and aerial photography operations. ' Quicksilver ultralight aircraft are also used for low den.~itv agricultural .~pra)'inC. An agricultural spray unit is attached to the aircraft. Additionally, Quicksilver t~'o-~at ultralight aircraft are used as training aircraft principally by ultralight dealers to train pilots for recreational flvine. ~lanagement of the Cornpan). believes that ultralight aircraft could be useful as a training aircraft for pilots of pl~ne~s u.~ed in general aviation. In additional, management believes the GT S00 will enhance commercial and milltar)' applications due to its top sl~eed, load capability and fast assembly and disassembly. Part and Accessories The Company sells component and replacement paris for all of its aircraft. Such sales accounted for 195 of the Company's revenues in the year ended May 3 l, 1992. Accessories such as parachutes, pilot fartags, jackets and wheel pants are included in this eales figure, but do nc~ comprise a significant po~ion thereof. The Company's ultralight aircraft are constructed of multiple tubes, cables and bolts which are designed to function for a specific time period and then must be replaced. Such .'~pecific-life paris must be replaced at scheduled intervals, thus reducing the constructinn and design costs for ultralight aircraft. Them parts are designed for quick and easy replacement, facilitating easy maintenance and repair. Because of the high usage demands and progressive maintenance recommended by the Company, paris replacement sales are anticipated to continue to represent a significant portion of the Company's revenues. Marketing The Company markets its ultralight aircraft, comlxment and replacemeal paris and accessories through a worldwide network of approximately 61 independent dealers in the United Stat~ and Canada, and 33 distributors Icrated in 27 foreign 'countries. Management of the Company expects to continue developing and incret~ing its network of dealers and distributors. Ultralight aircraft are shipped to dealers in kit form and, upon .tale, are assembled by either the dealer or purchaser. Typically dealers charge from $750 to $2,500 for t~.Mmbly, depending on the particular model. Although a significant pot(ion of the Company's sales are in the Uniled States, the Company will continue to aggressively pursue increased foreign sales m'Kl seek additional arrangements with dealers and dislributors in foreign countries. The following table sets forth the approximate percentage of ultralight aircraft ,ules by region: Year Ended May 31, 1988 1989 1990 1991 1992 North America 27 ~ 34 ~ 49 ~ 45 ~ 59 South America 4 % 4 .~ 3 ~ 109~ 9 Far E~t Asia 41 ~ 41 ~ ~ 7~ 4~ Euro~ 25 ~ 18 ~ 20 · 32 % 23 Middle EEt ! % ! ~ ! % 2~ Australia 2 ~ 2 ~ 3 ~ 3 ~ I Carib~ 2 % I South Africa The following table sets forth certain information with re~pect to the sales of the Company's ultralight aircrafL Year Ended May 31, 1988 1989 1990 1991 1992 Units Sold 355 597 483 362 308 Management believes that its marketing efforts for its ultralight aircraft depend. in part, upon the quality of its aircraft in terms of safety and the reputation and ability of iL~ dealers to ~rvice its aircraft and train the ctt~tomer. All of the Company's dealers in the United States mtt~t have an U!tralighl Instructors Certificate issued by the United States Ultralight Association or provide a Staff 'A'ith those qualifications. In addition. each new dealer mu.~t successfully complete a two-week training program sponsored by the Company. As part of the Company's ~fety program, the Company requires that each aircraft sold by a dealer he inspected and flown by the dealer. In addition. each purcha.~er must agree to receive ultralight aircraft flight training and complete the training program. The Company is involved : in FAA-approved industry programs for pilot training and certification, aircraft registration and airworthiness certification for its products. The Company seeks to ensure satisfactory customer-dealer relations through its customer service department. The Company offers a six-month limited warranty on all of its aircraft. Sales to dealers are on a C.O.D. basis and sold to the dealers for ap!n'oximately 80~ of the suggested. retail price. .The Company adve~ises its aircraft in various trade publications and hag received publicity in a number of general periodicals that have published articles about ultralight aircraft. Company products aim receive publicity from their use in television programs and motion pictures, including television show segments on "Chips", "Remington Steele", A-Team", "Fantasy Island", Howard the Duck', 'Cha~ Choo Cboo" and others. Bac/ck,g On October 1, 1992, the Company had orders for 16 aircraft for estimated revenues equal to $136,060 to be delivered over the following two months. Histories!l)' the Company has met with .~>me difficulty matching inventory to the r~quirements of sales, due to cash flow cot~straints and the timely delivery from the manufacturer of engines used in the aircraft. Product Developsteal The Company designs and develops all of its ultralight aircraft. Its prcginct deveh~pment activilies are directed toward improvement of existing products and development of new products. Total engineering and product development expenditures were approximately $256,000. $487,000. $208,000. $121,000. and $111,000 in final 1988, 1989. 1990, 1991. and 1992 respectively. !n fiscal 198g. the Company established a relationship with an affiliated research and development partnership which funded research and development expenses in fiscal 198g. For financial reporting purposes, all engineering and proctuct development expenditures are expensed as incurred. A substantial portion of the amounts expended by the Corniron)· on engineering, re.P, arch and development from 1987 through 1990 related to the development of the Quicksih'er GT 500 and SR 440. The Company has reduced its research and development efforts and presently focuses its development efforts on the refinement of existing product liens. Manufacturing and Assembly Facility The Company manufactures substantially all the products it currently markets except engines which are purcha..~l from others and tested and modified for use in the Company's aircraft. The Company's manufiacturing operations consist primarily of fabricating and assembling various component pa~ and suhas~mblies and of subjecting these component parts and subassemblies to quality-control testinc. The component part~ and subassemblies manufactured by the Company are assembled into finished aircraft by the'dealer or !~y the purchaser. suh. icCl to inspection and test flight by the dealer. In addition, a small number of aircraft are ~]d and s-~embled by the Company at it~ manufacturing plant. Components of the Company's aircraft are quality-control inspected s~d are designed to assure that the components, subassemblies and finished aircraft meet the Company's engineering specifications. The Company's manufacturing operatit~ require a ~'ide variety .f come-nests and raw nu, crials. The primary raw materials used by the Company in manufacturing its aircraft are aluminum tubing. nircral't hardware, dacron sailcloth and steel cables. The Company has multiple commercial sources of supply for most of the components and raw materials which it uses. The Company believes that its relations with its ','endors are satisfactory and that alternative supplies of quality raw materials exist at competitive prices. The most significant component of the Company's aircraft that is rK>t manufaclured by the Company is the engine, which the Company currently purchases from Bomhardier-Rotax GmbH Molorenfabrik, an Auslrian ctsn~pany. The management believes that its relationship w'ith this supplier is salisfa'.ctory and that alternative'sources of engines meeting the Company's performance criteria are available. Competition There are approximately ten major manufacturers of ultralight aircraft in the United Sates and Canada which management considers to be in competition with the Company. in addition, there are several other smaller manufacturers. Although management believes that most of its competitors are relatively small in ternt~ of financial resources, there is no assurance that companies with greater financial re~ources than the Company will not engage in .the manufacture and sale of goods similar to those the Company offers now or which it may later develop. The marketing of current and future products of the Company may be adversely affected by the production and sale of superior products by other companies. The successful marketing of new products of the Company may require significant increases in the marketing, sales and distribut~cm organization of the Company in the future. Management believes that its knowledge and experience in the ultralight aircraf~ indtt~tr). will enable the Company to compete effectively. Patents atsd Tradetnark. v The Company does not rely on patents to establish or protect it~ market position. The Company has agreements with all of its technically skilled employees under which the Company reserves the right to patents, patentable inventions and proprietary information developed by such employees. The Company has several ~rademarks in connection with iL~ ain:raft, and cort~iders the~ trademarlc~ to be valuable assets. The Company has received various federal and foreign trademark registrations for several of such marks. The Company's management believes its trademarks and tradenames relating to "Quicksilver' are important to its business and will vigorously defend, to the extent f'uncLs are available, any infringements thereof. Government Regulation The aircraft industry is currently subject to extertsive regulation by federal and state government~ as well as foreign governments, and the Company cannot predict the extent to x~hich it may be affected by future legislative and other regulatory developments concerning its product line and the light aircraft industry generally. The Company believes that it is currently in compliance with all necessary governmental regulations for the ale of its current product line in the United States and elsewhere. With re,pact to new products. the Company may be required t, comply with additional governmental requirements or procedures. No assurance can be given that authorizalion can be secured for any new, and as yet, unapproved products the Company desires to market. or that. if such authorization were secured, those products would be commercially successful. See 'Product Development.' In 'the United States, the principal regulations ~A'hich affect the C{}mlr~ny's ulttalighl aircraft are c{>ntained in 14 CFR 103 (1982) (hereinafter referred to as 'Part 103') of the Federal Arialion Regulatit~ns, which governs non-certified ultralight aircraft. and Part 21. 191 of the Federal Aviation Regulations. a regulation established in the 1950's by the Experimental Aircraft Association, ~.'hich associati{~n Fox,erns certified ultraliFht aircraft. in most foreign countries, the Company's aircraf~ are cla.~si~ed t~ microlight aircraft and subjecl to varying' standard~ in the different jurisdictions. Part 103. In 1982, the FAA adopted Part 103. ~'hich e~tablishes certain ol~.raling crileria fi>r pt-rmitling ullralighl aircraft to operate without pilot or aircraft certificatit~ in the United States. The ~,ix. rating requirements pr.vidc that no person may operate an ultralight vehicle except by visual reference with the surface of Ihe earth; no person may operate an ultralight vehicle except betx~.een the hours of surtri~ and surlier. except that the vehicle may be operated in uncontrolled airspace during twilight periods 30 minutes before and after official sunrise or sunset if the vehicle is equipped with an operating anticollision light visible for at least three statute miles; no person may operate an ultralight vehicle over may congested area of a city, to~-n or ~ttlement or over may open air assembly of persons; no person may operate an ultralight vehicle within an airport traffic area, control zone. terminal control area, or positive control area unless that person has prior authorization from the air Irafile control facility having .jurisdiction over that airspace. Additionally, the regulation further provides certain flight visibility and clt,ud clearance requireme.nts, and other standards. In announcing the adoption of Part 103, the FAA sated that it had 'chosen not In prnmulgale rcgulatiuns regarding pilot certification, vehicle certification, and vehicle registration, preferring that the ultralight community assume the initiative for the development of bnporta~t safety programs. · ]n response to the FAA's reque,~t, certain ultralight manufacturers sad users adopted voluntary pilot competency, aircaR registration and aircraft airworthiness standards for powered ullralight aircraft and submitted their propo.~als to the FAA. The FAA rec.gnizcd these voluntary standards, stating that they were consistent with the original intent of Part ]03 and represented the kind of national, community-developed program the FAA had envisioned. The Company's GT 400 is certified to Ihis recognizt, d airworthiness standard, and the Company believes that all of its other existing models of ultralight aircraft are eligible for certification under these voluntary standards. There are proposals before the FAA that will make certification programs mandatory for training purposes. The United States Ultralight Association has proposed for some time that the FAA increase the maximum weight to 331 pounds empty from 2S4 pounds empty for a one seat model ultralight aircraft. and from 350 to 496 pounds empty for a two seat model. In August 1991, the FAA increased the two seat model empty weight limit to 496 pounds. This change in regulations will allow the GT SO0 to be marketed in the ultralight category, in addition to category described below in pad 21.191. Part 21.191. Part 2l. 191 was developed ant he 1950's by the Experimental Aircraft Association to provide guidelines for individuals to build their own aircra~. To meet the requirements for certification under Part 21. 191, the owner of the aircraft must fabricate and build the 'major portion' of the aircraft himself. A local FAA officer then certifies the aircraft a~. "home built', and issues a FAA Regi.~lration Number and a FAA Airworthiness Certificate. A "home built" aircraft must be operated b)' an FAA licensed pilot and operaled under Federal Aviation Regulations Parts 91 and 6 !, which are the rules that govern most civilian aircraft. All of the Company's aircraR meet the requirements of Part 21,191. Foreign Microlight Regulation. The microlight category in most foreign countries is similar to the ultralight category in the United States. Most countries have adopted m 331 pound empty eight limitation for single place aircraft and a 331 to 430 pound empty weight limitation for two place aircraft. In addition. microlight aircraft mtt~t meet a restriction based upon the ratio of aircraft weight to wing area. Microlight regulations permit the operation of t~'o place aircraft by the general public in most foreign countries. Except with regard to noise abatement, most foreign countries have adopted more liberal flight operation rules than in the United States. Proposed Prima.rv Categon... in January 198--1. the FAA and certain indtt~try as.~ciations commenced develc>pment of standards for a new type of light aircraft, designated 'printan.. aircraft', that will he similar to certified general aviation aircraft. The purpose of the new standards is to reduce the certification and produclion cost~ for certain light aircraft. Although standards governing the primal'). categon.' are in the developmeal stage and are therefore subject to change, as currently proposed these standards include aircraft designed for up to four occupants, having 2O0 horsepower or less and having a gross weight of 2,000 pounds or less. in addition. it is proira>sad than an aircraft within the primary category could be used for recreation. flight in.~truction and commercial applications other than carrying passengers or cargo for hire. Warranties The Company t~l'fers a limited six month ~.arrant)' t}n iL~ airycraft. For the. last five fiscal )'cats. warranty expense has been less than 1 ~ of revenues. Employees As of October 15, 1992, the Company ernplo)'ed 45 persons, of which four were supervisory, twelve were executive and administrative, and 29 were hourly employees. None of the Company's emplo),ees are represented by a labor union, and the Company believes that it:~ emplo)'ee relations are ~ti~factory. hetn 2. Properties. The Company leases approximately 33,000 square feet of office and manufacturing space in Temecula, California. The weekly rent is $2,500. The lease is on a week to ~'eek basis. Item 3. LeSal ProceedinSs. On March 30, 1992, W. Randall Welty filed a Petition for Allernative or Peremptory Writ of Mandate in the Superior Court of the State of California for the County of Riverside naming the Company as defendant. The suit sought to restore Mr. Welty as a director, to reston~ the Compeny's board of directors as composed prior to March 17, 1992,'to remove Mr. Byrum as the Company's Chief Executive Officer, and to restore Mr. David Drewelow into such position. The cause filed by Mr. Welty was heard on May 22, 1992, and the court continued the hearing until September 18, 1992. In continuing the hearing, the court granted the Company the fight to request declaratory relief regarding the propriety of the isstumce in January of 1992 of 6,2 13,gt3 shares of Common Stock to Mr. Welty during the prior board's tenure in office. The court also enjoined the Company from holding any annual meeting of shareholders until October '15, 1992, or such other time as may have been established by the court at the September 18, 1992, hearing. The Company also .agreed to extend a seat on ~ board of directors to Mr. Welt),. The Company did extend ~, seat on the board of directors to Mr. Welty an the Company agreed with the court. Mr. Welty, however, did not accept. in late July Mr. Welt). withdrew the litigation he had filed. Accordingly the prohibition against the Company holding an annual meeting of the shareholders was !il~gl. Management of the Company believes that Mr. Welty's act in withdrawing the suit that he had filed broadly comprise, if not preclude, several of Mr. Welty's claims against the Company or resolve issues before the court unfavorably to Mr. Welty. In November of 1992, the Company filed a lawsuit against Mr. Welty and several unnamed parties in the Superior Court of California in Riverside Count)'. The suit asserts that in issuing shares to Mr. Welty in January of 1992, the Company's directors and Mr. Welt). violated several duties owed to the Company as well as violated Federal law. The suit seeks a determination by the court as to the validity of the issuance of such shares, whether the Company may rescind the transaction, restoring the consideration a!legedly transferred for the issuance of such shares, seeking actual rescission of the shares and damages relating to the issuance thereof, and seeking an injunction during the pendency of the action preventing Mr. Wehy from voting said shares. Because failure of an aircraft or a component thereof manufactured by the Company could result in physical injury or death to aircraft occupants, the Company could be subject to law;uits involving product liability claims, which lawsuits may involve claims for substantial surtt~. The Cornt~any ha., chef-an not to arty product liability insurance because of the cost and unavailability of such insurance and the belief of Company management that the products the Company manufactures and sells are reasonably safe for their intended use. hem 4. ~ub~ni~ion of Matters to a Vote of ~ecurir). ttoMer~. The Company did not hold an annul shareholders meeting during the fiscal }'ear ende,.d May 31, 1991 or May 31, 1992. PART II Item 5. Market for Registrant's Cotnmon Equity attd Related ~tockhokttr Matters. The Company originally issued its Common Stock to the public in units which consisted of Common StOck and warrants. The units commenced trading in the over-the-counter market on January 8, 1989. Except for 726,456 underwriter warrants (the "Underwater Warranls") held by affiliates of Barren Day Securities, all other outetnnding warrants of the Company expired on July 31, 1991. The Underwriter Warrants were exercised prior to July 31, 1991. Transactions in the Company's Common Stock have been reported on the National Association of Securities Dealers Automated Quotation System ('NASDAQ') under the symbol QEIC. T!~ following table sets forth, for the periods indicated, the range of high and low bid quotations for the Company's Common Stock during the two most recent fiscal )'ears as teporle. a by NASDAQ. The prices represent quotations I~tw~n dealers, do not includ~ retail mark Ups, mark do~us, or otha fees or commissions, and may not necessarily represent actual transactions. Fiscal Year Bid June 1, 1991 to May 31, 1992 'Hi_eh Low First Quarter , 13/32 5/32 S~cond Quarter '5/32 1/32 Third Quarter i/8 i/32 Fourth Quarter 3/32 i/16 Fiscal Year Bid Jun~ 1, 1990 to May 31, 1991 High Low First Quarl~r 112 5/32 Second Quarter 7/16 5/16 Third Quarter i 3/32 5/32 Fourth Quarter 9/16 3/8 In June of 1992 the Company's stock ~ trading on NASDAQ. The Compsny's Common Stock is now quoted in the over the counter market. The Company has not paid say dividends on its Common Stock and the Board of Directors of the Company presently intends to pursue a policy of retaining earnings for use in the Company's operations and to finance expansion of its business. The d~claralion and payment of dividends in the future, of which there can be no assurance, will be determined by the Board of Directon in light of conditions then existing, including the company's earnings, financial condition, capital requirements and other factors. As of October 15, 1992, there were approximately 300 holders of the Company's Common Stock. item 6. Selected Financial Dat,, The following selected financial data for the five years ended May 31, 1992, is derived from the consolidated financial statements of the Company. The data as of lk. lay 31, 1992, and for the five years then ended should be read in conjunction with the consolidated financial statements, related noles and other financial information included (incorporaled by rel~rcncc) herein. Income Statement Data: Net Sales Income floss) from continuing operations Net income (loss) per Common Share (1) Balance Sheet Dam: Total Assets Long-term obligations Stockholders Equity (!) 1992 Year Ended May 31, 1991 1990 1989 19gg $3,279,828 S3,456,858 $3,575,218 $4,017,762 $2,498,988 (366,743) (374,167) (844,097) 36,281 (208,151) (0.011 I) (0.0137) (0.0310) 0.0117 (0.0800) $1,923,519 S2,304044 S2,448,635 $2,344,942 $1,830,025 267,029 500,280 586,858 406,373 321,254 872,449 5 i 1,570 758,190 1,602,287 594,887 Net income floss)' per share amounts for' the )'ears prior to }.lay 3 i, 1992, if adjusted to give retroactive effect to the eight-for-one stock split v. hich occurred during the fiscal year ending May 31, 1990, would be as follows: 1992 1991 1990 Shares Ou~ndir~ 33,151,343 27,243,040 27,243,040 No dividends were paid or declared during the five )'can end~tay 31, 1992. Net Income floss) Per Shnre (0.0111) (0.0137) (.0310) !tena Z ManaA, e.aent's Discussiota and .4nal)'sis of Financial Conditiottt tuld Results of Operatio,tt. Results of Operationr Fiscal Year Erated May 31, 1992, compared to Fiscal Year Ended Alay 31, 1991. The Company incurred a loss of $366,743 in the fiscal year ended May 31, 1992, compared to a loss of $374,167 in the fiscal year end May 31, 1991. Revenues declined approximately 5.2~ to $3,279,828 from $3,456,858, respectively, while the gross profit d,'clined approximately 14.59[ to $772,796 from $903,403 because of low gross margins, a decline of about 2.5 ~, in lower sales. Total selling, general and administrative expense declined to $1,098,493 in the 1992 fiscal year from $1,152,190, a decline of approximately 4.7 ~. Each category of expen.s~ declined except for professional services. The increase in professional services reflects increased legal services due to the removal of the Company's president and reinstatement of a new board of directors during 1992. The decline on other categories of spending reflect management's continued control of costs while ttk:re are i_as_~s from operations. Interest expense declined from $143,540 in the earlier period to $79,773 in the 1992 fiscal year reflecting lowered borrowings. Short tgrm notes payable declined from $561,521 m the 1991 fiscal year to $136,328 in the 1992 fiscal year. 10 Fiscal Year E#uted May 31, 1991, compared to Fiscal Year Ended May 31, 1990. The Company incurred losses from oFn:rations of $248,787 in the fiscal year ended May 31, 1991 as compareAI to a loss from operations of $763,26 1 in the fiscal year ending May 31, 1990, for a decrea.~ in loss of 67 ~. Two factors contribute~l to this loss in fiscal 1991; first, total revenues decline 35~ to $3,456,858 in fiscal 1991 from $3,575,218 in fiscal 1990, primarily du~ to general economic conditions reducing consumer discretionary income; and r~cond, despite a 30~ reduction in operating exp~nses from $1,645,452 in fiscal 1990 to $1,152,190 in fiscal 1991, ~ loss was not fully offset. Gross profits also increased from 25 ~ in the fiscal 1990 to 26 ~ in fiscal 1991. Operating expenses decreased' 30% from $1,645,452 in fiscal 1990 to $1,152,190 in fiscal 1991 from the following areas: salaries and wages declined $112,773 as a result of p~rsonnel rcductk>n; research and d,:velopment exp.:nditures declines $86,410 as engineering requirements for the GT 500 tapered off; depreciation d~iined $18,599 b~cause of no new capital equipment purchases and the aging of existing equipment; rent and leasing expe~ declined $ i 1,265 as equipment leases matured; bad debts decreased $14,824 du~ to a more aggressive approach in the collection of accounts receivable; professional services declined $106, i 13 as the expen.se.s incurred to prevent a stockholder from taking control of the Company ended; and other g=ncral and administrative cxp~nse..s were reduced $55,011 as cost reduction measures were implemented in all area. increased operating expenses resulted from and S8,000 increase in sales and marketing expenditures for advertising, and a $7,000 increase in repairs and maintenance cosIll duc to unanlicipated repairs to the building and equipment. Liquidtry arm Capital Resources The Company continues to experience cash flow difficulties which are expected to continue despite a period of "somewhat stable operations presently underway. Aldaough ate rcsgarch and development efforts with regard to Ihe GT 500 are coming to an end and thus do not require the level of capital expenditure historically experienced, geographic and seasonal fluctuations in demand combined wir~ increased competition and the unpredictable nature of consumer model preferences makes it extremely difficult to predict the appropriate aircraft inventory mix. This creates a greater demand for ready cash re,sources. Although bank debt has decreased the Company's financial success ' is increasingly dependent upon operational profIts that are required to provide nced~ cash. hetn 8. Financial Statements and Supplementary Data. The financial statements and schedules listed in the accompanying Index to Financial Statements are attached hereto and filed as part of this Report un~r hem 14. Item 9. Disagreements on Accounting at~ Fitumcial Di.tclo~ure. Not Applicable PART l]] Item I0. Directors and Executive Officers of th~ Rcgistxant. The Company's directors and executive officers and ages, as of October I, 1992 are as follows: Name Age Lawrence W. DiRuscio 5 l Lyle M. Byrum 45 William R. Hasvoid 61 Robert A. Fortester 48 Posilionts) with Conepatty Dirtier, Chairman of the Board Director, Pr~id~nt Director S¢cre,~ry Mr. DiRuscio became a director of the Company in March of 1992. He is president of Free Apple Advertising, an enterprise he established in 1972, which is engaged in advertising, marketing and public relations in the San Diego, California area. Within the last five )'ears, Mr. DiRtratio sold a business which published a daily newspaper. il Mr. Byrum has served as prr. sidcnt of the Company for the last five ycam except for the period of August of 1991 to March 1992 when he was a ctm.sultant to the Cornpan),. Mr. Hasvoid became a director in March of 1992. He owns and is a-director of Forbco Management, Inc., a position he has held for more than ten years. Forbco Management.' Inc. owns and operates sixty Siz.,zler rutam'ants located in Southern California. Mr. Forrester became the Company's s~crctary in March of 1992. He is an auorney and has been practicing law in Dallas for the last tcn years, from January of 1988 to Mar~h of 1989 in the firm of Forrester and Thompson and as.a sole practitioner during ot!~r tink~ in the 'last ten )'cars. hem 11. F. xecutive Compensation. None of the Company's executives received cash compensation for services rendered to the Company during the year ended May 31,1991 in an amount exceeding $60,000. Cash compensation paid to all executive officers of the Company as a group was equal to $44,194. Mr. Byrum has an employment contract with the Company thai expires in November of 1994. He is paid a salary of $ 80,000 per year and presently that salary is being accrued. Mrs. Byrum is cmployeed by the Company and is paid an annual salary of $25,920. The Company pays directors $500 per meeting day plus expenses for their aligndance at meetings of the Board of Directors. hem 12. Security Ownership of Cert~ain Beneficial O.?aers and Management. The following table sets forth certain information as of Octc~r 15. 1992. relating to the beneficial ownership of the Company's Common Stock by (i) all persons known by the Company to beneficia!ly own more than 5 % of the outstanding shares of the Company's Common Stock, (it) each director of the Company and (iii) all officers and directors of the Company as a group; Name and AddreSs of Beneficial Owner (1) Deanne L. Byrum 27945 Diaz Rt~td Temecula, CA 92390 Amount and Nature of Reneficial C~,.~.rsh~p (2) l 1,073,000 Percent 28.2% W. Randall Wehy 2 ! 21 W. Ftx~thiil Upland CA 92390 16,853,843 (3) 42.9% All Officers and Directors as a Group (four pcrsonsX4) 0.0% (1) (2) (3) Unless otherwise noted, the Company believes that all persons named in the table have sole voting and investment power with respect to all shares of Common Stock owned by them. Unless otherwise noted, the Company believes that all persons named in the table have direct ownership with respect to the shares of Conunon Stock shown above. in January of 1992, the Company's Board of Directors issued to Mr. Welt), 6,213,843 of Common Stock in consideration of reduction of the Company's indebtedness to Mr. Wclty in the amount orS112,977. In March of 1992 Mr. Welty and the other members of the Board of Directors were removed by the Company's 12 (4) Stockholders and a new board installed. The new board of directors contesls the issuance of such shares and believes such issuance to be illegal. Exclusive 11,073,000 shares pledged by Mrs. B)'rum Io Mr. Hasvoid securing personally indebtedness owed by Mrs. Byrum to Mr. Hasvoid. See item 3. Legal Proc~dings. hem 13.. Certain Relatiotuhips and Related Transaclion. Mr. Welty loaned $321,254 to the Company on May 31, 1988. The loan matures on February 1, 1993, with interest only at 9~ per annum payable on February i of each )'ear tlvough maturily. in January of 1992, the Company issued Mr. Weity 6,213,843 shares of Common Stock and reduced his indebtedness to the Company by $112,977. See Item 3. Legal Proceedings. In October of 1990, Cinema Exec Productions through Mr. Hasvoid, opened a letter of credit whereby Cinema Exec Productions would acquire and v,'archou~ engine.~ that were resold to the Company. The Company paid Cinema Exec Productions a premium of !0 ~ to 18 ~[ over the cost of engines to Cinema Exec Productions. Under Cinema Exec Productions' terms with the manufacturer of the engines one-third of the engine's purchase price had to be paid upon ord,-r, one-third of the purchase price had to be paid sixty days ~om shipment, and one-third had to be paid ninety days from shipment. Cinema Exec has granted the Company thirly days to pay for engines acquired from Cinema Excc PrtNJuction. : For fiscal year ended May 31, 1992, the Company purchased approximalely $334,100 of engines from Cinema Exec Production. At no time since the program began has the Company's indeEedncss to Cinema Exec Productions exceeded $60,000. The Company entered this arrangement and continues this arrangement because the Company lacked and lacks the financial resources to open the letter of credit, aZKI the engine manufactures remains unwilling to grant the Company similar payment Icrms. Mrs. Byrum has guaranteed $136,327.98 of the Company's obligations and the Company has paid her 19~ of the amount she has so l~quaranleed. PART IV /tetn 14. E. thibits. Financial Sl~uemenl Schedules and Reports on Form 8-K. (a)( I) The following ~nanacial statements are includ,~l in Pan II lu:m 8: Report of Independent Auditors Financial Statements: F-I Balance Sheets - May 31, 1992 and 1991 Statement of Operations - Years Ended May 31, 1992, 1991, and 1990 Statement of Slockhoiders' Equity - Years Ended May 31, 1992, 1991, and 1990 Statement of Cash Flows - Years Ended May 31, 1992, 1993, and 1990 Notes to Financial Stalements (2) The following financial schedules for the )'cars 1992, 1991 and 1990 are submitted herewith: F-2-3 F-4 F-5 F-6 F-7-12 13 Schedule Ii Schedule IV Schedule V Schedule Vi Schedule VIIi Schedule IX Schedule X - Amounts Receivable From Related Parties, Underwriters, Promoters and Employees Other Than Related Parties - Indebtedness of and to Related Parties - Noi Current - Property, Plant and EquipmeN - Accumulated Depreciation, D,'pletion and Amortization of Property, Plant awl Equipment - Valuation and Qualifying AccounLs - Short-Term Borrowings - Supplementcar), Income Statement [ncormafion All other schedules are omitted because they are not applicable or the required information is shown in the financial statements or note~ thereto. F-13 F-I4 F-I$ F-16 F-17 F-18 F-19 3. Exhibits The following exhibits are being filed with this Annual Report on Form IO-K and/or an incorporated by reference therein in accordance with the designated foomo~ references: 3. i Certificate of Incorporation and Bylaws of the Company, and all amendments thereto. Welty 10. 1 Promissory Note dated May 31, 1988 for $321,2.54 executed by the Company in favor of W. Randall 10.2 Promissory Note dated December 28, 1989 for $411,000 executed by the Company in favor of First National Bank 10.3 Lease dated April 27, 1989, pertaining to the Company's facilities at 27495 Diaz Road, Tcmecula, California 92390 10.4 Lease with purchase option dated March 9, 1989, pertaining to punch press and related equipment (b) Reporls on Form 8-K On March 2.5, April 29, and June 5, 1992, the Company filed Form 8-K's, reporting under item 5. Other Events. The March 25, 1992 Form 8-K was amended on April 15, 1992. SUPPLEMENTAL INFORMATION An annual nlxn-t and an information statement shah be furnished to the security holders of the Company subsequent to the filing of this Form iO-K. The Company shall furnish copies of the annual report to security holders and the proxy statement to the Securities and Exchange Commission ~'hen it is sent to the security holder. 14 SIGNATURES Pursuant to the requirements of Section 13 or IS(d) of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly auflsorized. QUICKSILVER ENTERPRISES, INC. By: Ly]e M. Byrum Presiderot Date: February __, 1993 Pursuant to the requirements of the Securities Exchange Act of 1934, this report has been signed below by the following persons on behalf of the registrant and in the capacities and on the dates indicated. Sii~'a~"'''~', ~ ~ Director and Chairman of Ihe Board Lawrence W. DiRuscio Lyle M. Bymm William R. Hasvoid President and Director Director February/~, February/_.~, 1993 CHRISTENSEN GYLLENSKOG &CO. cert~fiecl puhhc accountants I EE5 ~t Un,On ['l~)w,~lvdr'0. S,,,to 1 O0 INDEPENDENT AUDITOR'S REPORT To The Board of Directors Quicksilver Enterprises, Inc. We have audited the accompanying balance sheets of Quicksilver Enterprises, Inc. as of Hay 31, 1992 and 1991, and the related statements of operations, stockholders' equity, and statement of cash flows for each of the three years in the period ended Nay 31, 1992., and the schedules listed in the Index at Item ]4. These financial statements and schedules are the responsibility of the Company's management. Our responsibility is to express an opinion on these financial statements and schedules based on our audits. We conducted our audits in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing th'e accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Quicksilver Enterprises, Inc. at Hay 31, 1992 and 1991, and the results of its operations and its cash flows for each of the three years in the period ended May 3.1, 1992, in conformity with generally accepted accounting principles, and the schedules referred to above present fairly, in all material respects, when read in conjunction with the related financial statements the information therein set forth. The accompanying financial statements have been prepared assuming that the Company will continue as a going concern. As discussed in Note ]b.vi to the financial statements, the Company has suffered recurring losses from operations that raise substantial doubt about its ability to continue as a going concern. Management's plans in regard to these matters are also described in Note lb.vi. Additionally, unresolved litigation has been filed against the Company by a former member of the board of directors. This matter is discussed in Note 11. The financial statements do not include any adjustments that might result from the outcome of these uncertainties. Subsequent to the balance sheet date, the Company incurred losses due to flooding (see Note 12). The auditor's report has been dual dated for this event. Midvale, Utah August ]4, 1992, except for Note 12, as to which the date is January 28, 1993. F] OUICKSZLVER ENTERPRISES, Balance Sheets Assets Current Assets: Cash Accounts receivable trade, net of allowance for doubtful accounts of $35,000 and $4],000, respectively Accounts receivable related parties, net of allowance for doubtful accounts of $34,004 (note 9') inventories (notes ] and 2) Other current assets Restricted certificate~ of deposit Total current assets Property and Equipment, at cost (note 1): Office furniture and equipment Machinery · Leasehold improvements < Total property and equipment ' Less accumulated depreciation and leasehold amortization Net property and equipment Note and Accrued Interest Receivable From Officer (note 3) Other Assets Total assets May 31. 1992 6,350 ]99] 4,955 240,371 230,819 9,174 1,030,716 27,386 1,313,997 8,390 1,157,111 76,788 ]60.000 1,638,063 116,325 643,018 29.788 789,131 ( 292.674 ) 496,457 174,566 759,499 29.788 963,853 (402.184) 561,669 110,697 2.368 $ ,1.923.519 101,944 2.368 2,304,044 See Accompanying Notes to Financial Statements Fu2 QUICKSILVER ENTERPRISES, INC. Balance Sheets (Continued) Liabilities and Stockholders' Equity Current Liabilities: Bank overdrafts Short-term notes payable (note 4) Current installments, long-term debt (note S) Current installments, capital leases (note 6) Payable Stockholder (note 7) Accounts payable and accrued expenses Total current liabilities Long-Term Debt (note 5) Obligations Under Capital Leases {note 6) Payable Stockholder (note 7) Stockholders' Equity: (note 10) Common stock, 40,000,000 shares authorized; par value $.0) per share; issued and outstanding 39,273,576 and 28,778,342.shares, respectively, asof May 31, 1992 and 1991 Additional paid-in capital Accumulated deficit Total stockholders' equity Total liabilities and stockholders' equity 1992 May 31. 199) $ 57,405 48,038 136,328 561,521 5,g14 74,598 38,837 40,238 208,277 _ 545,557 567,6]9 992,318 ],292,014 7,7g0 ]08,289 50,962 70,737 ' 321,254 392,735 2,595,573 (2,115,859) 872,449 $ 1,923,519 287,783 1,973,083 {1.749,116) 531,750 2.304.044 See Accompanying f(otes to Financial Statements F-3 QUICKSILVER ENTERPRISES,' INC. Statements of Operations Net Sales (note 11 Cost of Goods Sold Gross profit Selling, General and Administrative Expenses: Salaries and wage expense Selling and marketing expense Research and development expense Depreciation expense Rent and lease expense Bad debt expense Professional services Repairs and maintenance Other general and administrative expenses Related party receivables - written' off Total selling, general and administrative ~xpenses Net income (loss)' from operations Other Income (Expense): Interest income Interest expense <Other income lotal other income (expense) Net income (loss) Net Earnings (Loss) Per Share, adjusted for stock split Years ]992 $ 3,279,828 2,507,032 772.796 433,971 78,654 111,268 92,949 99,616 12,37] ]02,998 13,818 152,848 1.098.493 (325,697) ( 6,686 ( 79,7731 ( 32,04] ( 41,0461 ( (. 366.743) ( $( .o11) ( Ended Hay ]99] 3,456,858 2.553.455 903.403 412,581 104,187 121,385 110,527 154,969 25,739 31,385 36,080 155,337 ].]52.]90 31. ]990 3,575,218 2,693.027 882.19] 525,353 96,]50 207,795 129,126 166,243 40,563 ]37,498 28,904 210,348 103,472 1.645.452 248.787) (763,261) 16,974 143,5401 1.]86 ]25,380) 374.167) 17,636 ( 109,3401 10.868 '( 80.836) (844.097) .o 4) ( .o31) See Accompanying Notes to Finandial Statements F-4 QUICKSILVER ENTERPRISES, INC. Statements of Cash Flows Cash Flows From Operating Activities: Net income (loss) Adjustments to~reconcile net income to net cash provided by operating activities: Depreciation and amortization (Increase) decrease in net accounts receivable Decrease (increase) in inventories (Increase) decrease in other current assets Increase (decrease) in accounts payable and accrued expenses Decrease in dealer deposits Increase in allowance for doubtful accounts - related party and amounts written-off Loss on abandoned leasehold improvements (Gain) loss on disposal bf fixed assets (Increase) decrease in other assets Total adjustments to net income Net cash provided (used) by operating activities 'ash.Flows From Investing Activities: Capital expenditures paid in cash Cash (advanced) received - related parties Cash received for other assets Restricted certificate of deposit Net cash provided (used) by investing activities ash Flows From Financing Activities: Cash paid on notes payable Cash proceeds from long-term debt Cash proceeds from issuance of common stock Cash paid on deferred offering costs Net cash (used) provided by financing activities Net increase (decrease) in cash ash at Beginning of Year ~sh at End of Year ~terest Paid Years Ended May 31. 1992 1991 $(366,743) (374,]67) 3990 (844,097) 92,949 1]0,527 129,126 (]0,336) (]44,704) 75,643 126,395 213,673 (453,975) 49,402 (24,900) 59,585 (12,695) 114,458 (31,701) - (6,404) 4,315 (5,985) - ]94,52] 273,369 (]65,]]8) (]00,798) (6,301) (27,990) 43,000 (9,593) - 674 160.000 _ 273,566 (]4,397) 103,472 5,]28 6,632 4.387 189.167 (654.930) (218,630) 61,830 5,950 (]60,000) 196,699 (36,909) (3]0,850) (633,352) (12,609) 603,]66 ]47,]83 (30,186) 134,574 1,395 (3,133) 688,622 (10.000) 678,622 (287,]58) 4,955 8.088 295.246 $ 6,350 4,955 8,088 $ .124,612 ]01,089 ]09,340 See Accompanying flotes to Financial Statements F-6 QUICKSILVER ENTERPRISES, INC. Notes to Financial Statements (~. ORGANIZATION AND SUHNARY OF SIGNIFICANT ACCOUNTING POLICIES a. Organization-- Quicksilver Enterprises, Inc. (the Company) was organized under the laws of the State of Delaware on December 2, ]987, with ]O,OOO,O00 authorized common shares of $.01 par value per share. Subject to a plan of reorganization entered into in February 1988, the Company issued 2,800,000 common shares to the shareholders of R.P.M. Industries, Inc. for all of the outstanding common shares of R.P.M. Industries, Inc. The reorganization has been made retroactive for the accompanying financial statements of the Company and has been accounted for as the combination of two companies under common control. Effective December 22, 1989, the Company amended its articles of incorporation and changed its authorized co~on shares to 40,OOO,OOO and provided for a common stock split of eight-for-one. b. Summary of Significant Accounting Policies-- The following significant accounting policies are used by the Company in preparing and presenting its financial statements: i. Inventories--' Inventories are stated at the lower of cost {first-in, first-out) or market. ii. Property and Equipment-- Property and equipment are stated at cost. Depreciation and amortization are calculated on a straight-line basis over estimated useful lives of the assets. Depreciation of office furniture and equipment and machinery is computed over estimated useful lives of five to ten years. Leasehold improvements are amortized over the lives of the respective leases. Repairs and maintenance which are not considered capital expenditures and which do not extend the useful lives of the assets are charged to operating expense as incurred. iii. Research and Development Costs-- Research and development costs are expensed in the period incurred. Research and development expense aggregated $111 268 for ]992, $121 385 for 1991 and $207,795 for 1990. ' , iv. Income Taxes-- No provision has been made on the accompanying financial statements for income taxes payable because of the Company's operating loss carry forwards from operations. The Company's net operating losses of approximately $1,500,000 are available to offset future taxable income through the year 2007. Unused investment tax and research and development credits of $9,930 and $44,514 respectively, are available to the Company through the year 2003, subject to the year-by-year reduction rates imposed by the Tax Reform Act of 1986 on the investment tax credit. QUICKSILVER ENTERPRISES, INC. Notes to Financial Statements 1. ORGANIZATION AND SUMHARY OF SXGNIFXCANT ACCOUNTING POLICXES (Continued) v. Net Income (Loss) Per Share-- Net income (loss) per share was calculated on a weighted average basis of shares of conynon stock and common stock equivalents outstanding during the year. Such shares were 33,]5],343, 28,010,691, and 27,243,040 for the years ended Hay 3], ]992, ]99] and ]990, respectively. vi.' Going Concern-- The Company experienced a further decline in sales in 1992 but did increase its gross profit margin by 1.3%. The Company's current gross profit margin is 23.5X, the Company intends to continue to raise its gross margin percentage until it reaches The Company is continuing to cut its general and administrative expenses. To increase net income the Company instigated, beginning September 1992, several cost cutting programs. It has cut its 1993 General and Administrative salaries by $86,000. It has renegotiated its lease agreement with its landlord with a resultant $15,000 per year savings. Management believes it can further cut $50,000 of operating expenses. -. The Company also has notified the United States Ultralight Association and the Federal Aviation Administration and it is demanding that effective July 31, 1993, that two-seat training exemptions issued through the USUA by the authority of the FAA only be issued to two-seat ultralight aircraft that have been certified to FAA recognized airworthiness certification programs. The Company's ultralight aircraft ~'~ are certified to those programs and all but one or two of the Company's competition are not. The Company expects a substantial increase in sales due to its expected increased market share due to the above events; The Company has a tentative agreement to reduce principal' payments on its outstanding notes from $10,000 per month to $2,400 per month. The above events, in management's opinion, will allow the Company to continue normal operations through lgg3. 2. INVENTORIES Inventories consist of: Work-in-process Materials and materials-in-process Other Total May 31. 1992 1991 $ 112,597 100,281 883,171 1,046,042 34.948 10.788 $ 1,030,716 1.157.111 F-8 QUICKSILVER ENTERPRISES, ]NC. Notes to Financial Statements 3. NOTE AND ACCRUED INTEREST RECEIVABLE FROM OFFICER Note and accrued interest receivable from officer on the accompanying balance sheets represents cash advances and accrued interest to the Company's president. These advances are unsecured, bear interest at 5% and are payable, interest only, in annual installments until February 1, 1993, at which time the entire unpaid balance, including accrued interest, is due. The note receivable from the officer will maintain its status as non-current as the officer also has accrued compensation owed to him which could be applied against this receivable. The board of directors has been precluded from meeting to resolve such matters due to pending litigation. (See Footnote 12) 4. SHORT-TERM NOTES PAYABLE ~Short-term notes payable had already matured. at May 31, 1992 and were renegotiated into a new note on June 30, 1992. The maturity date is October 20, 1993, and interest is computed at prime plus 5%. The loan is payable in sixteen monthly installments. First six months of payments are $5,000 plus interest and the other ten months. are $10,000 plus interest. 5. NOTES PAYABLE ; Notes payable are summarized as follows: 18% note payable to bank secured by equipment, due July, lgg3, with principal and interest payments of $621 per month 10.75% variable interest rate bank loan requiring monthly principal payments of $5,000, plus accrued interest Less current installments Total long-term debt Subsequent annual principal installments of long-term debt are as follows: May 31. lgg2 lggl $ 13,704 17,887 - ]65.000 13,704 182,887 5.9]4 74,598 7.790 ]08.289 For The Years Endinq May 31. 1993 1994 1995 Total $ 5,9]4 6,575 1,215 $ 13.704 F-g QUZCKSZLVER ENTERPRZSES, INC. Notes to Financial Statements 6. OBLZGATZONS UNDER CAPZTAL LEASES The Company has entered into capital lease agreements in order to obtain certain manufacturing and office equipment. The obligations related to the capital leases are as follows: 15.0% capital lease payable requiring monthly principal and interest payments aggregating $503 12.5% capital lease payable requiring monthly principal and interest payments aggregating $340 18.46% capital lease payable requiring monthly principal and interest payments aggregating $3,675 22.33% capital lease payable requiring monthly principal and interest payments aggregating S644 Less current installments Total May 31. 1992 1991 $ 17,800 2,596 70,737 7,372 1.262 101,007 89,799 110,975 38.837 40.238 $ 50.962 70.737 The terms of the l'ease agreements require the Company to pay normal maintenance, insurance and taxes. Future minimum lease payments are as follows: For The Years Endinq May 31. 1993 1994 1995 1996 Total minimum lease payments Less amount representing interest Total .. 7. NOTE PAYABLE STOCKHOLDER 51,423 46,461 6,036 5.544 109,464 I9,665 89.799 Note payable stockholder of $196,978 at May 31, 1992 and $321,254 at May 31 1991, is payable to a related party (stockholder-director) at 9% per annum, payable interest only, in annual installments on the first day of February each year, ending February 1, lgg3, at which time the entire unpaid balance shall be due. An additional note payable, to the same stockholder director, of $11,299 is currently due and payable at May 31, 1992. 8. COMMITMENTS The Company entered into a new lease agreement for its manufacturing facility on October 31, lggl. The lease is to be paid on a week-to-week basis requiring payments of $2,500 per week. ' F-10 QUXCKSZLVER ENTERPRZSES, INC. Notes to Financial Statements 9. RELATED PARTY TRANSACTZONS Current and long-term receivables due from related parties were, respectively, $9,174 and $110,697 at May 31, 1992, S8,390 and $101,944 at May 31, 1991. The related parties include officers, members of board of directors, employees and stockholders. The stockholder receivable includes an amount owed by Lynette Byrum of $7,566. She could not confirm this balance and management has elected to not provide for an allowance for the receivable on the basis of immateriality. 10. COMMON STOCK WARRANTS In connection with the shares of common stock issued during the year ended May 31, 1989, warrants to purchase one share of common stock were issued along with every two shares sold. The warrants were exercisable at a price of $3.50 per share-until December ]S, 1989, at which time they were' to expire. The warrants were callable by the Company at-any time upon thirty days notice at $0.01 per warrant. In addition, warrants were issued to the underwriter associated with the offering. These warrants were exercisable at a price of $3.00 per share until January, 1993~ at which time they expire. The total of all unexercised warrants at May 31, 1989 was 439,660. In December of 1989, the Company effected an eight-for-one split of its common stock, resulting in an equivalent eight-for-one split in the Company's warrants with a similar reduction in exercise price. In August of 1990, the Company split the warrants again, three-for-one, and reduced the exercise price such that the exercise price for the warrants issued in connection with the 1989 sale of stock is $0.15. There are 7,264,560 of such warrants outstanding. As of August, 1991, 4,281,391 warrants were exercised, at which time the public warrants expired. The underwriter is still holding 726,456 warrants, which allow the. underwriter to purchase two shares of stock for S 125 per share The warrants expire August 20, 1993. ' · 11. PENDING LITIGATION On March 30, 199Z, W. Randall Welty, former member of the board of directors, filed a Petition for Alternative or Preemptory Writ of Mandate in the Superior Court of the State of California for the County of Riverside naming the Company as defendant. The suit sought to restore Mr. Welty as director, to restore the Company's board of directors as composed prior to March 17, 1992, to remove Mr. Byrum as the Company's Chief Executive Officer, and to restore Mr. David Drewelow into such position. The cause filed by Mr. Welty was heard on May Z2, 1992. The court granted the Company the right to request declaratory relief regarding the propriety of the issuance in January of 1992 of 6,213,843 shares of Common Stock to Mr. Welty during the prior board's tenure in office. The hearing was continued and, subsequently, the Company agreed to extend a seat on the board of directors to Mr. Welty. Mr. Welty, however, did not accept. In late July, 199~, Mr. Welty withdrew the litigation he had filed. Accordingly, the prohibition against the Company holding a meeting of the shareholders was lifted. F-11 QUZCKSZLVER ENTERPRZSES, ZNC. Notes to Financial Statements 11. PENDZNG LZTZGAT/ON (Continued) Management of the Company believes that Mr. Welty's act in withdrawing the suit that he had filed broadly compromises, if not precludes, severa] of Mr. Welty's claims against the Company or resolves issues before the court unfavorably to Mr, ~elty. The Company plans to obtain relief from the issuance of the 6,2]3,843 shares of Common Stock issued to Mr. Melty. Management of the Company does not, however, plan to hold a shareholders meeting until a court determines the propriety of the issuance of such shares or, pending such determination, the court prohibits the shares from voting at such a meeting. Jf the Company obtains relief of the issuance of the shares of stock to Mr. Helty, the Company will need to reinstate $125,277 of payable to FIr. Welty. Management has decided not to carry product liability insurance on its products because such insurance is virtually unavailable and cost preventative. The management has certified the aircrafts as airworthy with the FAA and believes that the aircrafts are reasonable safe for their intended use. However, because the aircraft or components of the aircraft may mallunction,. there is a possibility of litigation against the Company due to physical injury sustained from potential mallunctions. Currently there are no product liability cases pending. 12. SUBSEQUENT EVENT in January, ]993, Southern California experienced flooding due to excessive rainfall. The Company's facilities were flooded. Many of the Company's assets were affected including furniture, computers, inventory and manufacturing equipment. Some records and design work were also destroyed. No reasonable estimate of damage is readily available, The Company does not carry flood insurance due to the high premium cost and is seeking aid from federal disaster funds being made available to victims of the flooding. Amount of relief from any sources is unknown. F-]Z QUZCKSILVER ENTERPRZSES ZNC. Schedule Z! - Amounts Receivable From Related Parties and Underwriters, Promoters, and Employees Other Than Related Parties Debtor Beginning Additions Deductions Ending Balance Balance Collected Written Current Not Off or Current Allowed For Year Ended May 31, 1992: Lyle Byrum Other $ 101,944 8.390 $ 11Q, 334 Year Ended Hay 31, 1991: Lyl e Byrum $ 92,796 7.943 $ 100,739 Year Ended May 31, 1990: 25,346 7,419 - g,174 110,697 " - 8.390 - _ 25,346 7,419 8.390 g.174 110.697 9,148 - - - 101,944 447 - - B.3g0 - 9,595 - - 8,390 101.944 Lyle Byrum $ 104,288 ]3,642 24,]56 978 - 92,796 Randy Welty 40,001 6,700 ]4,022 32,679 - _ Tim Enright 26,386 - ]4,022 12,364 - _ Other 95.366 - 29.972 57.451(1) 7,943 - $ 266,041 20.342 82.]72 ]03.472(2) 7,943 92~796 Other is made up of $34,004 from L.B. Productions Inc., a corporation wholly owned by Lyle Byrum's wife, and $23,447 from Quicksilver USA, a corporation in which Randy Welty is a majority stockholder. '2~._ An Allowance Account was created for S89,]52 and the remainder written off. \ F-13 EZ: 0 Lm.l.s..~ Q= r-' .~ mm 1:= rO ,'~ C],J 0 I=: r r~,?'-, $ $ I I I I I I I I I I I I I I m.-. m >, .,, >.- QUZCKSZLVER ENTERPRISES, INC. Schedule V - Property, Plant and Equipment ;~assification Beginning Additions Retirements Balance. At Cost Other Changes Additions (Deductions) Ending Balance ~ar Ended Hay 31, 1992: ffice Furniture and Equipment $ 'achinery Leasehold Improvements Total $ ar Ended May 31, 1991: 3ffice Furniture and Equipment $ tachinery ~"~old Improvements Total $ · at Ended May 31, 1990: Ffice Furniture and Equipment $ ~chinery easehold Improvements Total $ 173,559 9,402 (66,636) 760,506 24,101 (141,589) 29,788 - _ 963,853 33,503 (208,225) 173,559 - _ 756,123 25,290 (20,907) 27.088 2.700 - 956.770 27,990 (20,907) 180,999 - _ 565,962 191,542 (8,821) 30.584 27.088 (30.584) 777,545 2]8.630 (39.405) (7,440) 7,440 116,325 643,018 29,788 .789,131 ]73,559' 760,506 29.788 963.853 173,559 75'6,123 27.088 956.770 F-IS Schedule V1 QUZCKSZLVER ENTERPR/SES, INC. - Accumulated Depreciation, Depletion Property, Plant and Equipment and Amortization of Description ,'ear Ended Ray 31, 1992: Accumulated Depreciation Beginning Additions Balance Charged to Costs and Expenses Retirements $ 402,184 92,949 (202,459) Other Changes Additions (Deductions) Ending Balance 292,674 "ear Ended May 31, 1991: Accumulated Depreciation lear Ended May 31, 1990: Accumulated Depreciation $ 307,573 110,527 $ 206,091 129,126 ( 15,916) (27,644) 402,184 307,573 F-16 QUICKSILVER ENTERPRISES, INC. Schedule VIII - Valuation and Qualifying Accounts For the Years Ended Hay 31, 1992, 1991 and 1990 Description ~llowance for Doubtful Accounts Receivable: Year Ended Hay 31, 1992 Year Ended May 31, 1991 Year Ended May 31, 1990 Beginning Additions Balance Charged to Charged to Costs and Other Exoenses Accounts $ 41,000 12,371 $ 31,140 25,739 :$ 11,000 20,]40 Deductions (18,371) (15,B79) Ending Balance 35,000 41,000 31,140 A,~ance for Doubtful unts Receivable ated Parties: Year Ended Ray 31, 1992 Year Ended May 31, 1991 Year Ended May 31, 1990 $ 89,152 $ 89,152 $ - 89,]52 (31,701) 57,451 89,152 89,152 F-17 QUZCKSZLVER ENTERPRISES, INC. Schedule IX - Short-Term Borrowings Category of Aggregate Short-Term Borrowings Year Ended Ray 31, lgg2: -Notes payable banks Year Ended May 31, lggl: Notes payable banks Year Ended May 31, 1990: Notes payable banks (]) (2) Ending Weighted Haximum Average Weighted Balance Average Amount Amount Average interest Outstanding Outstanding Interest Rate Rate During the During the During the Period Period Period $ 136,328 11.5 X 561,522 348,925 11.5 $ 561,522 11.5 ~ 561,522 533,76] 11.5 % $ 506,000 12.19~ 506,000 253,000 12.19~ The average amount outstanding during the period was computed by dividing the total of the beginning and ending balances by 2. General terms of the notes outstanding at each year end are as follows: lg92 Short-term notes payable bear interest at the rate of prime plus 2% which, as of Ray 31, 1991 was 8.5~ per annum. The notes mature on June 30, 1992 and are secured by a UCC-1 financing statement on all corporate assets. 1991 1990 Short-term notes payable bear interest at the rate of prime plus 2% which, as of Hay 31, 1991, was 11.5% per annum. The notes mature on April lg, Iggl, and are secured by a UCC-1 financing statement on all corporate assets, including its restricted certificate of deposit. Short-term notes payable bear interest at the rate of prime plus 2~ which, as of Hay 31, 1990, was ]2~ per annum. The notes mature on December 20, 1990, and are secured by a UCC-] financing statement on all corporate assets, including its restricted certificate of deposit. F-18 QUZCKSZLVER ENTERPRZSES, INC. Schedule X - Suppelmentary IncomeStatement Information Maintenance and Repairs Depreciation and Amortization of 3ntangible Assets Taxes, Other Than Payroll and /ncome Taxes Royalties Advertising Costs ~ 1992 $ 13,818 e Years Ended May 3]. 3993 36,080 $ 41,889 72,329 3990 28,904 44,98] F-19 ITEM 17 APPROVAL CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council/City Manager Harwood T. Edvalson, Assistant City Manager/D~ MAy 11, 1993 ADDITION TO ANTI-GRAFFITI ORDINANCE RECOMMENDATION: That the City Council adopt an ordinance entitled: ORDINANCE NO. 93- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTIONS 6.14.304 THROUGH 6.14,308, INCLUSIVE, TO CHAPTER 6.14 OF THE TEMECULA MUNICIPAL CODE RELATING TO GRAFFITI. BACKGROUND: At its meeting of April 13, 1993, the City Council introduced the accompanying ordinance that proposes to make vandals, or their custodial parents o~ guardians in the case of minors, liable to the City for reimbursement of City funds expended to clean graffiti from public or private property; authorizes the Finance Director to invoice the responsible persons for the costs of abatement; includes language that defines graffiti implements and makes it illegal to possess such implements without the express consent of the property owner, and, finally requires businesses that sell aerosol paints and marking pens to restrict access to those products prior to sale. Anticipating business concern over the last provision of this ordinance, the City Council directed staff to contact business owners/managers to allow for comment before and/or at the Council meeting. Using business license information, Staff sent a letter to appropriate classes of businesses requesting comment. A sample copy of the letter is attached to.this report. FISCAL IMPACT: The adoption of this ordinance is anticipated to have little or no financial impact on the City. 1989 CITY OF TEIEC!!LA April 27, 1993 Dear Business Owner/Manager: On May 11, 1993, the City Council of the City of Temecula will consider adoption of an amendment to its current anti-graffiti ordinance. The amendment includes the following language: "6.14.308 '- STORAGE OR DISR AY OF AEROSOL PAINT (::ONTAINERS AND MARKING Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol containers, or felt-tip marker or marking pens, shall store or cause such containers or pens to be stored in an area viewable by, but not accessible to, the public in the regular course of business without employee assistance, pending legal sale or disposition of such containers or pens. It is the intent of this Section to permit, but not to require, viewability of aerosol paint containers and felt-tip marker or marking pens while they are stored or displayed pending retail sale." While the ordinance is proposed to have a 120 day phase-in period, it is the City's perception that the adoption of this ordinance may have an impact on your business. The City of Temecula along with most cities in Southern California has experienced a tremendous surge in graffiti-type vandalism. As you may be aware, the City Council has taken a very proactive approach to dealing with graffiti. The intent of this proposed ordinance is to reduce the availability of common graffiti-type implements to potential vandals. A similar ordinance to that proposed by the City of Temecula was recently successfully defended in the State Supreme Court, Sherwin Williams Co. v. the City of Los Angeles. The City. of Murrieta is also 4,~174 BUSINESS PAI~K DI~IVE * TEMECULA. CALIFORNIA 9<2590 ® PHONE (7 i4) 694-1989 · FAX (714) 694-1999 considering a similar approach. Opportunity to present comments to the Temecula City Council will be made available at the Council meeting of May 11, 1993. The meeting will start at 7:00 p.m., and will be held at the Temecula Town Association Community Center at 28816 Pujol Street, Temecula, CA. The City welcomes your written and verbal comments prior to and/or at the meeting. Written communication may be addressed to City Clerk, City of Temecula, 43174 Business Park Drive, Temecula, CA, 92590. Verbal communication may be addressed to Woody Edvalson, , ssistant City Manager, at (909) 694-1989. urs T-u y, David F. Dixon City Manager ORDINANCE NO. 9~.-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTIONS 6.14.304 THROUGH 6.14.308, IN- CLUSIVE, TO CHAFFER 6.14 OF THE TEMECULA MUNICIPAL CODE RELATING TO GRAFFITI WHEREAS, on March 23, 1993, the City Council of the City of Temecula adopted Ordinance No. 93-03, pertaining to graffiti removal and establishing rewards for information leading to the successful conviction of any person placing graf~ti on public or private property; and WHEREAS, the City Council finds and determines that it is appropriate to provide regulations relating to the display for sale of aerosol paint containers and marking pens; and WHEREAS, the City Council .further finds and determines that penalties relating to the possession of graf~ti implements for the purpose of engaging in graf~ti-making acts are a suitable mechanism for. the prevention of graf~ti within this City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That new Section 6.14.304 is hereby added to Chapter 6.14 of the Temecula Municipal Code to read as follows: "6.14.304 DEFINITIONS. herein: As used in this Chapter, the following terms shall have the meanings set forth 'Graf~ti': Any inscription, word, figure or design that is marked, etched, scratched, drawn or painted on any surface, without the express permission of the owner (or owner's representative) of such surface, regardless of the nature of the material of which the surface is composed. 'Graffiti Implement': Any implement capable of marking a surface to create graffiti including, but not limited to, aerosol paint containers, paint sticks, felt-tip markers or marking pens, marking instruments, drill bits,' grinding stones, scribers, glass cutters, or etching tools, or other implements capable of scarring glass, metal, concrete or wood. 'Aerosol Paint Container': Any container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint or other similar substances capable of defacing property. 'Felt-tip Marker or Marking Pen': Any indelible marker or similar implement with a tip which, at its broadest width, is greater than one-eighth inch, containing an ink. 'Paint Stick': A device containing a solid form of paint, wax, epoxy or other similar substance capable of being applied to a surface by pressure and, upon application, leaving a mark visible from a distance of twenty feet. 'Spray Actuator' (also known as a 'spray tip,' 'nozzle' or 'buRon'): An object which is capable of being attached to an aerosol paint container for the purpose of spraying the substance contained therein. 'Owner's Representative': Any person or entity expressly authorized by the owner of any property to permit another person to place inscriptions, words, figures or designs upon such property, or any person or entity in lawful possession of any property, whose fight of possession includes the authority to permit or allow inscriptions, words, figures or designs to be placed upon such property.' Section 2. That new Section 6.14.305 is hereby added to. Chapter 6.14 of the Temecula Municipal Code to read as follows: "6.14.305 RESPONSIBILITY FOR COST OF REMOVAL AND LAW ENFORCEMENT SERVICES. Whenever graffiti has been removed from public or private property at the expense of the City of Temecula, each person who placed any of the graf~ti, and the custodial parents or guardians of any minor who placed any of the graffiti, (hereinafter collectively the "responsible persons") shall be legally responsible to reimburse the City of Temecula for all costs for removal of such graffiti as well as for the costs for law enforce- ment services associated with the apprehension and prosecution of graffiti perpetrators. Upon determination of the costs for removal and law enforcement services, the Finance Director is hereby authorized and directed to invoice the aforesaid responsible persons for such costs. Such costs shall be a debt jointly and severally owed to the City by such respon- sible persons." Section 3. That new Section 6.14.306 is hereby added to Chapter 6.14 of the Temecula Municipal Code to read as follows: "6.14.306 POSSESSION OF GRAFFITI IMPLEMENTS PROHIBITED. It shall be unlawful, and a misdemeanor, for any person to possess any graf~ti implement, as defined in Section 6.14304 of this Chapter, for the purpose of defacing, marking or damaging any public or private property, without the express consent of the owner of such property or the owner's representative; provided, however, that nothing in this Section shall be construed to permit or prohibit conduct which is prohibited by Penal Code Section 594.1." Section 4. That new Section 6.14.307 is hereby added to Chapter 6.14 of the Temecula Municipal Code to read as follows: "6.14.307 POSSESSION OF SPRAY ACTUATOR PROHIBITED. It shall be unlawful, and a misdemeanor, for any person to possess any spray actuator, as defined in Section 6.14.304 of this Chapter, for the purpose of defacing, marking or damaging any public or private property, without the express consent of the owner of such property or the owner's representative.' Section 5. That new Section 6.14.308 is hereby added to Chapter 6.14 of the Temecula Municipal Code to read as follows: "6.14.308 STORAGE OR DISPI.AY OF AEROSOL PAINT CONTAIN- ERS AND MARKING PENS. Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol paint containers, or felt-tip marker or marking pens, shall store or cause such containers or pens to be stored in an area viewable by, but not accessible to, the public in the regular course of business without employee assistance, pending legal sale or disposition of such containers or pens. It is the intent of this Section to permit, but not to require, viewability of aerosol paint containers and felt-tip marker or marking pens while they are stored or displayed pending retail sale." Section 6. SEVERABILITY. The City Council of the City of Temecula hereby declares that should any section, paragraph, sentence or word of this Ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this Ordinance independent of the elimination herefrom of any such portion as may be declared invalid. Section 7~ EFFECTIVE DATE This ordinance shall be full force and effect thirty (90 days) after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of it to be posted and published as required by law. PASSED, APPROVED, AND ADOPTED, this: day of __, 1993. ATTEST: J. Sat Mu~oz, 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 forgoing Ordinance No. 93-10 was duly introduced and placed upon its tint reading at a regular meeting of the City Council on the 13th day of April, 1993, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the day of , 1993 by the following roll call vote: COUNCILMEMBERS: NOES: COUNCILMEMBERS: COUNCILMEMBERS: June S. Greek, City Clerk 1989 April 27, 1993 Dear Business Owner/Manager: CITY OF TEMECIILA On May 11, 1993, the City Council of the City of Temecula will consider adoption of an amendment to its current anti-graffiti ordinance. The amendment includes the following language: "6.1'4.308" STORAGE OR DISPLAY OF AEROSOL PAINT CONTAINERS AND MARKING Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol containers, or felt-tip marker or marking pens, shall store or cause such containers or pens to be stored in an area viewable by, but not accessible to, the public in the regular course of business without employee assistance, pending legal sale or disposition of such containers or pens. It is the intent of this Section to permit, but not to require, viewability of aerosol paint containers and felt-tip marker or marking pens while they are stored or displayed pending retail sale." While the ordinance is proposed to have a 120 day phase-in period, it is the City's perception that the adoption of this ordinance may have an impact on your business. The City of Temecula along with most cities in Southern California has experienced a tremendous surge in graffiti-type vandalism. As you may be aware, the City Council has taken a very proactive approach to dealing with graffiti. The intent of this proposed ordinance is to reduce the availability of common graffiti-type implements to potential vandals. A similar ordinance to that proposed by the City of Temecula was recently successfully defended in the State Supreme Court, Sherwin Willjams Co. v. the City of Los Angeles. The City of Murrieta is also. 43174 E~USINE55 PAI~K DI~I~E · TEMECULA. CALIFOI~NIA g25g0 · PHONE (714) 694-198g · FAX (714) 694-1999 considering a similar approach. Opportunity to present comments to the Temecula City Council will be made available at the Council meeting of May 11, 1993. The meeting will start at 7:00 p.m., and will be held at the Temecula Town Association Community Center at 28816 Pujol Street, Temecula, CA. The City welcomes your written and verbal comments prior to and/or at the meeting. Written communication may be addressed to City Clerk, City of Temecula, 43174 Business Park Drive, Temecula, CA, 92590. Verbal communication may be addressed to Woody Edvalson, ssistant City Manager, at (909) 694-1989. Y~urs T-u y,~, David F. Dixon / City Manager ITEM NO. 18 APPROVAL CITY ATTORNEY ~ FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: CITY COUNCIL FROM: DAVID F. DIXON, CITY MANAGER DATE: MAY 11,1993 SUBJECT: ORDINANCE AMENDING PARK AND RECREATIONAL FACILITY OPERATIONAL POLICIES AND REGULATIONS - SMOKING POLICY FOR CITY PARKS AND RECREATION FACILITIES PREPARED BY: ~ 'RECOMMENDATION: SHAWN D. NELSON, COMMUNITY SERVICES DIRECTOR That the City Council introduce and approve the first reading of the Ordinance entitled: ORDINANCE NO. 93-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING ORDINANCE 91-37 SETTING FORTH PARK AND RECREATIONAL FACILITY OPERATIONAL POLICIES AND REGULATIONS DISCUSSION: On April 12, 1993, the Community Services Commission approved and recommended to the City Council to amend Ordinance No. 91-37 to require individuals smoking any tobacco products in outdoor City parks, recreation facilities, and trails to maintain a distance of twenty (20) feet from all non-smokers. It was further recommended that the Northwest Sports Complex be INCLUDED in this policy because it is less restrictive than banning smoking completely and compliance of this policy should not create a negative impact on existing leases associated with this facility. The Commission cited that the intent of this smoking policy is to protect the health and welfare of the citizens of Temecula who utilize city parks, trails, and recreation facilities from the negative affects of secondary smoke. In addition to requiring smokers to maintain a twenty (20) feet cushion to all non- smokers, the Commission also recommended that smoking be prohibited within twenty (20) feet of the following outdoor park areas: Public events including but not limited to sports events, entertainment, speaking performances, ceremonies, pageants, and fairs where people congregate. Seating in dugouts and bleacher areas. Within enclosed outdoor areas where air circulation may be impeded by architectural, landscaping, or other barriers such as amphitheaters and swimming pool areas. Any place where food and/or drink is offered for sale· Children's playground areas. FISCAL IMPACT: NOne. ORDINANCE NO. 93-_ AN ORDINANCE OF ~ CITY COUNCIL OF THE CITY OF TEMECULA A1VI~,NDING ORDINANCE 91-37 SETTING FORTH PARK AND RECREATIONAL FACILITY OPERATIONAL POLICIES AND REGULATIONS WHEREAS, The City Council of the City of Temecula has authority over the public parks and recreational facilities within the jurisdiction of the City of Temecula; and WHEREAS, The Community Services Commission of the City of Temecula has recommended that the City Council adopt regulations which would provide limitations for smoking in outdoor City Parks and Recreational Facilities; and WHEREAS, The. City Council of the City of Temecula finds the smoking of tobacco and any other weed or plant is a positive danger of health and a material annoyance, inconvenience, discomfort and a health hazard to those who are present in confmed spaces or in close proximity to the source of said smoke, and in order to serve public health, safety and welfare, the declared purpose of this ordinance is to protect nonsmokers to the maximum extent possible, particularly child. ren, from secondhand smoke in all places stated and required in this ordinance. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. General Policy: is hereby amended to add the following subsections: Q. Smoking Policy: It is the intent of this policy to protect the health and welfare of the citizens of Temecula who utilize city parks, trails, and recreation facilities from the negative affects of secondary smoke. Therefore, individuals who choose to smoke in outdoor park areas shall maintain at all times a twenty (20) foot distance from all non smokers. Further, smoking shall be prohibited within twenty (20) feet of the following outdoor park areas: Public events including but not limited to sports events, entertainment, speaking performances, ceremonies, pageants, and fairs where people congregate. 2. Seating in dugouts and bleacher areas. 3. Within enclosed outdoor areas where air circulation may be impeded by architectural, landscaping, or other barriers such as amphitheaters and swimming pool areas. 4. Any place where food and/or drink is offered for sale. 5. Children's playground areas. Section 2. Penalties: Violation of any provision or failure to comply with any requirement of this ordinance is an infraction. ORDINANCE NO. 91-37 AN ORDINANCE OF TF!'F, CITY COUNCIL OF T~F, CITY OF ~ ADOPTING PARK AND RECREATIONAL FACH,rrY OPERATIONAL POLICw-~ AND RF~UIATIONS WIt'F~REAS, The City Council of the City of Temecula has authority Over the public parks. and recreational facilities within the jurisdiction boundaries of the City of Temecula; and WHEREAS, The Board of Directors may adopt regulations binding upon all persons governing the use of City parks and recreational facilities and property, and may deem a violation of any such 'regulation and misdemeanor. THE CITY COUNCIL OF THE CITY OF T'E1VIECULA DOES HEREBY ORDAIN AS FOLLOW: SECTION 1. General Policy: A. Equal Opportunity: Any and all individuals shall be provided equal opportunity for use of any recreational facility and any recreational program without regard to physical limitation, age, race, color, national origin, religion, political beliefs or sex. B. Reserved Use: Reserved use (defined as exclusive, permitted use for one or more occasions) of community, neighborhood and other recreational facilities shall require obtaining a "Use Permit" in a form established by the City of Temecula Community Services District (TCSD). The TCSD may establish use fees by Resolution. C. Community Park fUnreserved) Use: Use of all community park facilities (defined as a site that serves the City's residential areas) will be based on first come first serve basis. No "Use Permit" is required for this purpose. If a user group wishes to reserve the use of a community park facility, a "Use Permit" shall be required, with all applicable fees, rules, regulations, terms and conditions enforced. D. Multiple Facility Reservations: If more than one recreational facility is reserved (e.g. two sports fields), applicable fees and deposits shall be charged for each facility reserved. E.- Sponsored Uses: Any use of recreational facilities scheduled for TCSD sponsored or co-sponsored uses shall be deemed a use for TCSD purposes, and shall be exempt from fees, deposits and permit requirements listed herein. Such determination shall be made by the Director of Community Services. ~ 5/Ords91-37 -1- F. User Groups: User groups are established and defined as follows to categorize groups using certain recreational facilities. User groups designations form the basis for variable fee schedules for certain recreational facilities as provided elsewhere herein. Group 1 - TCSD-sponsored or co-sponsored leisure and recreational activities. Group II - Youth groups conducting non-profit youth oriented sports activities, and non-profit athletic/civic organizations conducting community oriented leisure or sports activities. Group III Base standard rate for community users on a non- profit basis. Group IV - Profit making, commercial businesses or non-resident organizations conducting activities that are for profit and are either open or closed to the public. G. Recurring Use: Recurring use is generally defined as uses of recreational facilities on a regularly scheduled basis for more than one occasion '(i.e. leagues, etc.) H. Nonrecurring Use: Nonrecurring use is generally defined as uses of recreational facilities an a one time only or special event basis (i.e., annual picnic, parties or company sponsored events). A fee and permit is required only when reserved use by an organization is requested. I. Exemption: Due to special or unusual circumstances, the Parks and Recreation Commission may exempt user groups II, III and IV from fees for the use of recreational facilities. It is the responsibility of the specific user group to formally request exemption from the Parks and Recreation Commission. The request should stipulate the special or unusual circumstances that necessitate exemption. J. Scheduling Priorities: Scheduling priorities shall be by user groups as indicated previously with Group I having precedence over II, Group II over III, etc. In the event of conflict, the Director of Community Services ("Director") reserves the fight to schedule any group. Scheduling of reserved uses will be carried out by the Director or his/her designee in a fair and equitable manner, to serve the leisure and recreation needs of the citizens of the Temecula Community Services District. K. Sports Field and Facility: It is recognized that recreational facilities and sports fields vary in type and location. However, fee schedules shall generally apply equally to all sports fields and facilities depending on the level of service required for an individual facility. L. Fee Payment: The fees applicable to the use of facilities are due and payable at the City of Temecula offices 72 hours prior to the use of that facility. Charges assessed for damages and grounds cleanup shall include only City's actual cost and are due and payable upon demand to the user. When fees are due and payable at the time a permit is issued, 5/Ords91-37 -2- ~ refunds are permitted if sufficient notice is given to the City upon cancellation with five (5) working days notice for nonrecurring groups. M. Sales and Uses: Authorized user groups, as described herein, which desire to use facilities for fund-raising purposes shall be allowed to do so subject to policies and fees contained herein. Food concessionaires and other uses which are determined by the TCSD to be solely a commercial undertaking, and without educational, recreational or cultural benefit to the community, shall be selected pursuant to City public bidding procedures. N. Inclement-Weather: Inclement weather is generally defined as weather which, in the judgemerit of the Director, has left recreational facilities in a condition which, if the facilities are used, presents a risk of damage to facilities or injury to users. The Director shall have the authority to deny use of.all or any portion of a facility to a user based on inclement weather. The Director reserves the exclusive right to determine that a use of TCSD facilities is precluded by inclement weather, and no refund of fees shall be made on grounds of bad weather or field condition unless the Director makes such determination. O. Denial of Facility Use: The TCSD shall have the authority based on cause to deny use of all or any portion of a facility to any group or individual who has abused the privilege of facility use as included in but not limited to these general policies and general rules governing the use of community and neighborhood park. P. Liability Insurance: All user groups conducting reserved sporting or special event activities, that will attract fifty (50) or more patrons (i.e. tournaments, clinics, fairs, festivals concerts, performances, camps, etc.) will be required to provide the Director with a certificate of insurance in the amount of one million dollars ($1,000,000.00) naming the City of Temecula and the TCSD as additionally insured. SECTION 2. Parks & Recreation Facilities Regulations: Def'mitions: The following words shall have the meaning indicated when used in these regulations: A. "Park" means any community park, neighborhood park, or any other recreational facility maintained by the City of Temecula. B.- "Board" means the Board of Directors of the Temecuta Community Services District, or any other person authorized by the Board, pursuant to law, to act in its stead. Cu of Temecula. "Commission" means the Parks and Recreation Commission for the City 5/Ords91-37 -3- D. "Amplified sound" means music, sound wave, vibration, or speech projected or transmitted by electronic equipment, including amplifiers. E. "Knife or dagger" means any knife, or dagger having a blade of three inches or more in length; any ice pick or similar sharp stabbing tool; any straight-edge razor blade fitted to a handle. F. "Vehicle" means any device by which any person or property may be propelled, moved, or drawn, excepting a device moved by human power. G. "Vehicular travel" means travel by a vehicle. SECTION 3. Duty to Comply: No person shall enter, be, or remain in any park unless he complies at all times with all of the City ordinances and regulations applicable to such park and with all other applicable laws, ordinances, rules and regulations. SECTION 4. Rules and Regulations Applicable in City Parks: The following rules and regulations apply in all City parks unless expressly stated otherwise elsewhere in these regulations. '- SECTION 5. Ol~ration of Vehicles: A. Roads for Public Use: The provisions of the California Vehicle Code are applicable in the City parks upon any way or place of whatever nature which is publicly maintained and open to the use of the public for purposes of vehicular travel. All violations of said Vehicle Code shall be enforced and prosecuted in accordance with the provisions thereof. B. Surfaces Other than Roads for Public Use: Skateboards: No person shall drive or otherwise operate a vehicle in a park upon surfaces other than those maintained and open to the public for purposes of vehicular travel, except upon temporary parking areas as may be designated from time to time by the Commission, and further excepting vehicles in the service of the City, animal control vehicles, law enforcement vehicles, and motorized wheelchairs. No person shall ride or operate a skateboard in any park, except in designated areas. SECTION 6. Solicitation Prohibited: No person shall practice, carry on, conduct or solicit for any occupation, business, or profession in any City park, or sell or offer for sale any food, beverage, merchandise, article, or anything whatsoever in any City park. This section shall not apply to any person acting pursuant to a contrae't with the City of Temecula or the Temecula Community Services District, or under a permit granted by the Commission. SECTION..7. Prohibition of Animals in Park: No person shall cause, permit, or allow any animal owned or possessed by him, or any animal in his care, custody, or control to be present in any City park except: 5/Orals91-37 -4- '~- (A) Equine animals being led or ridden under reasonable control upon any bridle paths or trails provided for such purposes. (B) Equine or other animals which are hitched or fastened at a place expressly designated for such purpose. (C) Dogs or cats when led by a cord or chain not more than six (6) feet long, or when confined within the interior of a vehicle. (D) Dogs which have been specially trained and are being used by blind or disabled persons to aid and guide them in their movements. Small pets which are kept on the person of the possessor at all times. (F) In connection with activities authorized in writing by the Commission. (G) Fowls or animals turned loose at the direction of the Commission. SECTION 8. Duty to Care for Animals: It shall be the mandatory duty 'of all persons owning, possessing, in control of, or otherwise responsible for a dog, cat, or an equine animal in a park to promptly collect, pick up, and remove all fecal matter leftbehind by said animal in or upon any park; provided, however, that this subsection shall not apply to guide dogs for blind or disabled persons or to equine animals on bridle paths. SECTION 9. Amplified Sound in Parks: (A) Purpose: The City Council enacts this legislation for the sole purpose of securing and promoting the public health, comfort, safety, and welfare of its citizenry. While recognizing that certain uses of sound amplifying equipment are protected by constitutional rights of free speech and assembly, the City Council nevertheless feels obligated to reasonably regulate the use of sound amplifying equipment in order to protect the correlative constitutional fights of the citizens of this community to privacy and freedom from the public nuisance of loud and unnecessary sound. (B) Permit Required for Amplifiers: It shall be unlawful for any person to install, use, and operate within a park a loudspeaker or any sound amplifying equipment for the purposes of giving instruction, directions, talks, addresses, or lectures, or of transmitting music to any persons or groups of persons in any park, or in the vicinity thereof, except when installed, used, or operated in compliance with one of the following provisions: 1. By authorized law enforcement or park and recreation personnel or 2. Under a reservation or permit issued by the Director, and when operated in accordance with terms of said reservation or permit. 5/Ords91-37 -5- (C) Granting and Denial of Permit: In determining whether to grant or deny a permit, the Director shall be guided by the following considerations: including the applicant; The constitutional free speech and assembly fights of all persons, persons in the park; The possible effects upon the peaceable passage or presence of 3. The potential for disorder or unlawful injury to persons or property; 4. The potential invasion of others persons' rights of privacy; 5. The possible unlawful breach or disturbance of the peace; and 6. Any actual conflict with other scheduled park uses or events. The Director shall not deny a permit on the basis of any dislike for or disagreement with the content of any pr6posed talks, addresses, lectures, or musical presentations. The Director may, however, deny a permit for any such events which are designed for the purpose of advocating imminent lawless conduct. (D) Power Source for Amplifiers: Amplifiers permitted in parks shall be operated only through a power source provided by the City, a battery, or a generator. SECTION 10. Prohibition of Firearms. Fireworks. and Toy Weapons: No person shall carry or discharge firearms, firecrackers, rockets, torpedoes, or other types of explosives, or carry or discharge any gun, or pistol, .or any sling shot or similar device, or any bows and arrows, or any other object capable of propelling a projectile, or carry or use 'any object calculated to make a noise sufficient to disturb the peace or quiet of the park, or bring into any park any of the above objects or articles. Fireworks may be permitted for special events only with formal approval from the Parks and Recreation Commission and the Fire Department. SECTION 11. Prohibition of Dangerous Weapons:. The provisions of the California Dangerous Weapons' Control Law are applicable in City parks and shall be enforced and prosecuted in accordance with the provisions thereof. No person shall carry on his person, in plain view, any knife with a blade in access of 3 inches. Dagger are strictly prohibited. SECTION 12. Exceptions to Applicability: The provisions of Section 10 shall not be deemed to prohibit the carrying of ordinary tools or equipment for use in a lawful occupation or for the purpose of lawful recreation. SECTION 13. Damaging Property: No person shall cut, break, injure, deface, or disturb any tree, shrub, plant, rock, building, cage, pen, monument, fence, bench, or other 5/Ord,,91-37 -6- ~ structure, apparatus, or property, or pluck, pull up, cut, take, or remove any shrub, bush, plant, or flower, or mark or write upon, paint, or deface in any manner any building, monument, fence, bench, or other structure. SECTION 14. Damaging Land: No person shall cut, dig, or remove any wood, turf, grass, soil, rock, sand, gravel, or fertilizer, except park maintenance personnel. SECTION 15. Gol~ No person shall play or practice the game of golf, including chipping, putting, driving or any other type of play or practice which includes the hitting of golf or similar type ball with a golf or similar type club. SECTION 16. Water: No person shall swim, fish in, bathe, wade in, release pet animals in, or potlute the water of any fountain, pond, lake, strum, or reservoir except by permission of the Commission. SECTION 17. Fires and Fireplaces: No person shall kindle a fire except in fireplaces provided for that purpose Or in barbecues approved by the Commission, except by permission of the Director. SECTION 18. Waste Liquids and Refuse: No person shall wash dishes, or empty salt water or other waste liquids, or leave garbage, cans, bottles, papers, or other refuse anywhere other than in the receptacles provided therefor. SECTION 19. Loitering at Night: No person shall be or remain in any City park between the hours of eleven (11:00) o'clock p.m. and six (6:00) o'clock a.m. of the following day without permission of the Director. The provisions of Section 9 (c) shall govern the granting or denial of such permission. SECTION 20. Meetings: No person shall hold any meeting, service, sporting event, concert, exercise, parade or exhibition in any public park without first obtaining a permit from the Director. The provisions of Section 9 (c) shall govern the issuance or denial of a permit under this Section. SECTION 21. Alcoholic Beverages: No person shall consume any alcoholic beverage within any park, unless formally approved by the Parks and Recreation Commission. SECTION 22. Controlled Substances: The provisions of the California Uniform Controlled Substances Act are applicable in district parks and shall be enforced and prosecuted in accordance with the provisions thereof. SECTION 23. City parks. Glass Containers: No person shall possess any glass container in 5/Ordsgl-37 -7- SECTION 24. Flying Balloons or Planes: No person shall use any City park as a primary launch site for hot air balloons unless formally approved by the Park and Recreation Commission. Motorized airplanes, and gliders are prohibited on City park site. SECTION 25. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted in the manner prescribed by law. PASSED, APPROVED AND ADOPTED this 8th day of October, 1991. ATTEST: C~une S. Greek,. City Clerk [SEAL] Ronald J./~/k)s, Mayor STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I, June S. Greek, City Clerk 'of the City of Temecula, do hereby certify that the foregoing Ordinance 91-37 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 241h day of September, 1991, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 8th day of October, 1991, by the following roll call vote. AYES: 4 COUNCILMEMBERS: Moore, Lindemans, Munoz, Birdsall NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Parks C~June S. Greek, City Clerk 5lOrds91-37 -8- ~x ITEM FINANCE OFFICER CITY MANAGER / CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM.: Scott F. Field, City Attorney DATE: May 11, 1993 SUBJECT: Development Impact Fees Ordinance RECOMMENDATION: Introduce'and read by title only an Ordinance entitled: ORDINANCE N0.93- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISH- ING DEVELOPMENT IMPACT FEE REQUIREMETNS FOR CAPITAL IMPROVEMENT PROJECTS AND FACILITIES AND AMENDING THE TEMECULA MUNICIPAL CODE AND REPEALING ORDINANCE NO. 659 OF THE COUNTY OF RIVERSIDE AS ADOPTED BY REFERENCE BY THE CITY OF TEMECULA DISCUSSION: Under State law, cities may establish development impact fees as a condition of approval of residential or .nonresidential development projects. These fees must be used for mitigating the impacts' of development on public facilities. A Development Impact Fee Study, dated February 15, 1993, was conducted by John McTighe & Associates based on the City's 1993-97 Capital Improvement Program (CIP). The study provided an inventory of capital projects which are eligible to be funded by a Development Impact Fee. All or a portion of the cost of providing the facilities was allocated based on the impact which new developments will have on the need for the public facility. The Ordinance being presented for first reading contains the following elements: 2. 3. 4. 5. 6. 7. Purpose of the fees; Findings as to the need for and uses of the fees; Definitions of terms; Establishment of authority for imposing the fees; A method for calculation of the fees; The method and timing of payment of fees; A procedure for giving fee refunds and/or credits for ments; An appeal process; required improve- Agenda Report Development Impact Fees Ordinance May 11, 1993 Page 2. e Establishment of which projects will be subject to the fees; Administration of the fees. 11. Variances, exceptions and exemptions to the fees. The Council may wish to give careful consideration to the following Ordinance provisions: Exemptions - these include schools, religioius institutions, and affordable housing. Project subject to the fee - includes all 'residential projects, non-residential projects'over 500 square feet and remodeling involving over 50% of the replacement cost of the building· In addition, the Ordinance provides for repealing Riverside County Ordinance No. 659 which established a Development Mitigation Fee for residential development and was adopted by reference by the City. On May 25, 1993, a public hearing will be held to consider the adoption of a resolution by the City Council establishing the amounts of Development Impact Fees for residential and nonresidential development in Temecula. Therefore, it is necessary to adopt this Ordinance which establishes the authority for the adoption of such fees. ATTACHMENTS: 1. Ordinance Establishing Development Impact Fee Requirements for Capital Improvement Projects and Facilities and Repealing County Ordinance No. 659 as Adopted by Reference by the City. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING DEVELOPlV~NT IMPACT FEE RE- QUIREmeNTS FOR CAPITAL IMPROVEMENT PROJECTS AND FACHATIES AND AMENDING ~ TEMECULA MUNICIPAL CODE · AND REPEALING ORDINANCE NO. 659 OF THE COUNTY OF RIVERSIDE AS ADOFrED BY REFERENCE BY THE CITY OF TEMECULA THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings and Intent. The City Council finds and determines as follows: A. The City. is responsible for and committed to the provision of public facilities and services at the 1eveIs necessary to cure any existing service deficiencies in already devel- oped areas; B. Such facilities and service levels shall be provided by the City utilizing funds allocated via the capital budget and capital improvements programming processes and relying upon the funding sources indicated therein; C. However, new residential and nonresidential development causes and imposes increased and excessive demands on city public facilities and services including, without limitation, storm sewers, roads, and parks that would not otherwise be necessary; D. Planning and zoning projections indicate that such development will continue and will place ever increasing demands on the City to provide necessary public facilities; E. The development potential and property values of properties in the designated development areas are strongly influenced and encouraged by City policy as expressed in the comprehensive General Plan and as implemented via the City zoning ordinance and map; F. To the extent that such development places demands on the public facility infrastructure, those demands should be satisfied by shifting the responsibility for financing the provision of such facilities from the public at large to the developments actually creating the demands; G. The amount of the Impact Fee to be imposed shall be determined by the cost of the additional public facilities needed to support such development, which public facilities shall be identified in a Capital Improvements Program; and H. The City Council, after careful consideration of the matter, hereby finds and declares that an Impact Fee imposed upon residential and nonresidential development in order to finance specified major public facilities, the demand for which is created by such developments, is in the best interest of the general welfare of the City and its residents, is equitable, does not impose an unfair burden on such development by forcing developers and builders to pay more than their fair or proportionate share of the cost, and deems it advisable to adopt this Ordinance as hereinafter set forth. Section 2. Title 15, Buildings and Construction, of the Temecula Municipal Code is hereby amended by adding a new Chapter to be appropriately codi~ed within the Title and to read as follows: "Chapter Development Fees section ls.xx.oi0. Short Ti~e. This Chapter of the Temecuh Municipal Code may be referred to as the "Development Impact Fee Ordinance* of the City of Temecula. Section 15.xx.020. Purpose. This Chapter is intended to impose an Impact Fee at the time of building permit issuance, in an amount based upon the gross square footage of nonresidential development or number of residential dwelling units in order to finance public facilities, the demand for which is generated by new development. The City is responsible for and will meet, through the use of other City resources, all capital improvement needs associated with existing development. Only needs created by new development in the designated development areas will be met by Impact Fees. Impact Fees shall not exceed the cost of providing capital improvements for which the need is substantially attributable to those developments that pay the fees. The fees shall be spent on new or enlarged capital facilities improvements that substantially benefit those developments that pay the fees. Section 15.xx.030. Definitions. As used in this Chapter, the following words and terms shall have the following meanings, unless another meaning is plainly intended: A. Building Permit shall mean the permit required for new construction and additions pursuant to Chapter 15.04 of the Municipal Code. The term Building Permit, as used herein, shall not be deemed to include permits required for remodeling, rehabilitation, or other improvements to an existing structure or rebuilding a damaged or destroyed structure, provided there is no increase in gross floor area or number of dwelling units resulting therefrom. B. Capital Budget shall mean a separate budget dedicated to financing capital improvements. 2-R?oda~49 2 C. Capital Irr~rovements shall mean public facilities that are treated as capitalized expenses according to generally accepted accounting principles and does not include costs associated with the operation, administration, maintenance, or replacement of capital improvements, nor does it include administrative facilities. D. Capital Improvement Plan shall mean a plan which contains: (a) Standards for level of service for the capital facilities and infrastructure to be fully or partially funded with Impact Fees; (b) Proposed project lists, cost estimates, and funding sources; and (c) May include provisions to spend Impact Fees to their best advantage if those fees will be used as part of the financing for a particular capital improvement and where expenditure of the funds may be out of control of the local governing body. E. Capital Improvements Program shall mean the officially adopted schedule of Capital Improvements to be undertaken, the time and cost of construction, and other necessary features. F. Certificate of Occupancy shall mean an entitlement to occupy and use a building granted pursuant to the Municipal Code. G. City shall mean the City of Temecula, a duly constituted political subdivision of the State of California. H. Non-residential Development Project shall mean the construction or addition of five hundren (500) or more square feet of gross floor area on a lot; or the construction or addition of five hundred (500) or more square feet that will be occupied by a permitted or conditionally permitted use in a zone permitting such use. For purposes of this Section, the alteration of gross floor area shall be .considered "construction" if the value of such alteration exceeds fifty percent (50%) of the replacement cost of that floor area as determined by the Director of Community Development. I. Council shall mean the duly constituted governing body of the City of Temecu- la, State of California. J. Development shall mean any man-made change to improved or unimproved real property, the use of any principal structure or land, or any other activity that requires issuance of a Building Permit. K. Gross Floor Area shall mean the area of all floors and levels enclosed by exterior walls by more than fifty percent (50%), but shall not include area devoted to vehicle parking, interior driveways and ramps for automobile use or atria. L. Impact Fee shall mean any charge, fee, or assessment levied as a condition of issuance of a building permit or development approval when any portion of the revenues collected is intended to fund any portion of the costs of capital improvements or any public facilities. M. Impact Fee Coefficient shall mean the charge per square foot of nonresidential development or per dwelling unit as calculated by dividing .total public facility costs by the gross square footage and/or number of dwelling units. N. Capital Improvements shall mean any and/or all of the following, and includ- ing, acquisition of land, construction, improvements, equipping, and installing of same and which facilities are identified in the Capital Improvements Plan to be financed by the imposition of an Impact Fee: (a) (c) (d) (e) new development. Parks and recreational facilities Road systems Storm and flood control facilities Police and fire facilities Other facilities, the costs of which may be substantially attributed to O. Residential Development shall mean any development approved by the local government for residential use. P. Site shall mean the land on which development takes place. Q. 'Zoning Ordinance shall mean .the officially adopted Zoning Map and text regulating all development and land use in the City of Temecula. Section 15,xx,040. Applicability of Impact Fee. This Chapter shall be uniformly applicable to development that occurs within the City. Section 15,xx.050. Imposition of Impact Fee. A. No Building Permit shall be issued for a development unless the Impact Fee is imposed and calculated pursuant to this Chapter. Imposition of an Impact Fee is dependent on the adoption of a Capital Improvement Plan. B. Impact Fees shall not exceed the cost of providing capital improvements for which the need is reasonably attributable to those developments that pay the fees. The fees shall be spent on new or enlarged capital improvements that reasonably benefit those developments that pay the fees. 2-R:h4s~9 4 C. Notwithstanding other provisions of this Chapter, Impact Fees also may include a proportionate assessment for the cost of existing capital improvements sewing new development. To determine an equitable assessment for such existing capital facilities and infrastructure, the following factors should be considered: (a) The need for new facilities to serve new development based on a capital improvements plan that shows: (1) any deficiencies in existing facilities that serve existing develop- ment and the means by which existing development will be assessed and assessments used to make up such deficiencies; and (2) any capital improvements that are attributable to the demands placed on specified facilities by new development; (b) The need for Impact Fees, considering the availability of other means to fund capital improvements including, but not limited to, user charges, taxes, intergovern- mental transfers and other revenue, and special taxation or assessment districts; , (c) The cost of existing capital improvements; (d) The method by which the existing capital improvements were financed; (e) The extent to which developments paying the Impact Fee already have contributed to the cost of the existing facility and the credit against Impact Fees that may be due therefrom; (f) The extent to which new development will contribute to the cost of the existing facility in the future and the credit against Impact Fees that may be due therefrom; (g) The extent to which new development is required, as a condition of approval, to construct facilities that substantially benefit other development and the credit against Impact Fees that may be due therefrom; and (h) The time-price differential inherent in comparisons of amounts paid and benefits received at different times and the credit against or reduction of Impact Fees that may be due therefrom. D. That portion of Impact Fee revenues reasonably attributable to the equitable assessment described in subsection (2) of this section may be spent on new or enlarged capital improvements that will reasonably benefit anticipated future development rather than those developments that have paid the fee. E. Impact Fees that are assessed against new development shall be assessed in such a manner that any new development having the same impacts on capital facilities shall be assessed the same Impact Fee. This provision notwithstanding, the local governing body may contribute from the General Fund any part or all of the Impact Fee assessed against certain new development that .achieves other policies including, but not limited to, the provision of affordable housing and the retention of existing employment or the generation of new employment. *Section 15.xx.060. Payment of Fees. The payment of fees required by this Chapter shall be made according to the following procedures: A. Payment Procedure for Non-residential Development PrOjects. Fees required by this Chapter from non-residential developers may be paid in either of the following ways at the sole discretion of the developer of the non-residential development projeCt. (1) The total of all fees required by this Chapter must be paid at the time the City issues a bfilding permit for the non-residential development project; or (2) At least twenty-five percent (25%) of the total of all fees re- quired by this Chapter may be paid at the time that the City issues a building permit for the non-residential development project. The balance of the fees, plus interest on that balance as provided in Subsection (D) of this Section, shall be paid in three equal annual installments. Should an Applicant elect to pay the fees 'as provided in this subsection (2), the full amount of all fees required by this Chapter shall be secured by execution of an irrevocable letter of credit, or other security instrument acceptable to the City, prior to the issuance of a building permit for the non-residential development project. B. Payment Procedure for Phased Non-residential Development Projects. If a non-residentiai development project will be constructed in phases, and separate building permits will be issued for each phase, fees imposed pursuant to this Chapter shall be calculated on the basis of the gross floor area of the entire project. However, payment of the fees may be made separately for each phase of the project so that the amount paid upon issuance of a building permit shall be the percentage of the total fee equal to the percentage of the project's gross floor area permitted to be constructed by the building permit. C. Payment Procedure for Residential Development Projects. Fees re- quired by this Chapter from a dwelling unit developer shall be paid before final inspection of the dwelling unit on which fees are imposed. Provided, however, that if a residential development contains more than one dwelling unit, then the fees imposed by this Chapter on the entire development shall be paid before final inspection of the first dwelling unit in that 2-R:~dm~9 6 development. For the purposes of this Section, 'final inspection' is defined as that term is defined in Government Code Section 66007, as amended. If the fees imposed by this Chapter on a dwelling unit are not paid before a building permit is issued for that dwelling unit, the dwelling unit developer shall enter a contract with the City to pay those fees prior to final inspection of the dwelling unit. The contract shall be recorded in the office of the Riverside County Recorder and shall constitute a lien for the payment of fees required by this Chapter. The lien should be enforceable against successors in interest to the initial holder of the building permit. The contract shall also require the building permit holder to provide appropriate notification of the opening of any escrow for the sale of the property for which the building permit is issued and to provide in the escrow instructions that the fees required by this Chapter be paid from the sale proceeds in escrow prior to disbursing proceeds to the seller. D. Interest. Payment of fees pursuant to Subsection (A)(2) of this Section shall include interest at. a rate equal to the percentage increase in the fees as a result of the most recent inflation adjustment of the' fees made by the City Finance Officer. Section 15.xx.070. Capital Improvements Program. To service the projected development, capital improvements as shown on the Capital Improvements Program, attached hereto as Exhibit "A" and incorporated herein by reference, will be required to be provided and financed via Impact Fees. Section 15.xx.080. Calculation of Impact Fee. The Director of Community Development or the Director's designee shall be responsible for calculating the fees required by this Chapter. This calculation shall be made at the time of application for the Building Permit for the dwelling unit or the commercial development project by: (1) Determining the applicable designated development area; (2) Verifying the number and type of residential dwelling units and the gross floor area and the type of nonresidential development for which each building permit is sought; (3) Determining the applicable per unit Impact Fee; and, (4) Multiplying the applicable per unit Impact Fee by: 0) 0i) the appropriate number of residential dwelling units, or the gross floor area of nonresidential development. B. If the development for which a Building Permit is sought contains a mix of uses, the City must separately calculate the Impact Fee due for each type of development. C. Prior to making an application for Building Permit, an applicant may request a nonbinding Impact Fee estimate from the City, which shall base such estimate on the development potential of the particular in gross square footage or floor area or number of dwelling units given the maximum intensity ponnitted by existing zoning and the applicable Impact Fee coefficient. Section 15.xx.090. Establishment of Amount of Impact Fee. A. Except as otherwise provided in this Chapter, developers of residential dwell- ing. units shall pay an Impact Fee in an mount established by resolution of the City Council. B. Except as otherwise provided in this Chapter, developers of nonresidential development shall pay an Impact Fee in an mount established by resolution of the City Council. Section 15.xx.1002 Administration of lmpact Fee. A. 'Transfer'Of Funds to Finance Dc~partment: Upon receipt of Impact Fees, the City Finance Department shall be responsible for placement of such funds into separate accounts as hereinafter specified. All such funds shall be deposited in 'interest-bearing accounts in a bank authorized to receive deposits of City funds. Interest earned by each account shall be credited to that account and shall be used solely for the purposes specified for funds of such account. B. Establishment and Maintenance of Accounts: The City Finance Department shall establish separate accounts and maintain records for each such account whereby Impact Fees collected can be segregated by types of facilities to be financed. C. Maintenance of Records: The City Finance Department shall maintain and keep accurate financial records for each account that shall show the source and disbursement of all revenues; that shall account for all monies received; that shall ensure that the disburse- ment of funds from each account shall be used solely and exclusively for the provision of projects specified in the Capital Improvements Program; and that shall provide an annual accounting for each Impact Fee account showing the source and amount of all funds collected and the projects that were funded. D. Annual Review and Modification. The City shall annually, in conjunction with the annual Capital Budget and Budget Improvements Plan adoption processes, review the Development Potential and the Capital Improvements Plan' and make such modifications as deemed necessary as a result of: (a) (b) development occurring in the prior year; capital improvements actually constructed; ~-R:~sds~ 8 (g) changing facility needs; inflation; revised cost estimates for capital improvements; changes in the availability of other funding sources applicable to public facilities; and such other factors as may be relevant. Modifications to the Development Potential, the Capital Improvements Program, and the Impact Fee Coefficients shall be recommended for adoption prior to July 1 · of each year and shall be effective sixty (60) days following their adoption. Section 15.xx. 110. Bonding of Excess Facility Projects. The City may issue bonds, revenue certificates, and other obligations of indebtedness in such manner and subject to such limitations as may be provided by hw in furtherance of the provision of Capital Impwve- ment Projects. Funds pledged toward retirement of bonds, revenue certificates, or other obligations of indebtedness for such projects may include Impact Fees and other City revenues as may be allocated by the City Council. Impact Fees paid pursuant to this Chapter, however, shall be restricted to use solely and exclusively for financing directly, or as a pledge against bonds, revenue certificates, and other obligations of indebtedness for the cost of capital improvements as specified herein.- Section 15.xx. 120. Refunds. A. The current owner or contract purchaser of property on which an Impact Fee has been paid may apply for a refund' of such fee if: (a) the City has failed to provide a capital improvement sewing such property within six (6) years of the date of payment of the Impact Fee, or (b) the Building Permit for which the Impact Fee has been paid has lapsed for noncommencement of construction, or (c) the project for which a Building Permit has been issued has been altered, resulting in a decrease in the amount of Impact Fee due. B. A petition for refund must be fried within one (1) year of the event giving rise to the right to claim refund. This right to claim a refund may be limited by Sections 15.xx.050. C. and 15.xx.050.D. of this Chapter. C. The petition for refund must be submitted to the Mayor or his or her duly designated agent on a form provided by the City for such purpose. D. Within one (1) month of the date of receipt of a petition of refund, the Mayor or his or her duly designated agent must provide the petitioner, in writing, with a decision on the refund request including the reasons for the decision. If a refund is due petitioner, the Mayor or his or her duly designated agent shall notify the City Treasurer and request that a refund payment be made to the petitioner. E. Petitioner may appeal the determination of the Mayor to the City Council. F. The fight to refund may be limited by the provisions of Sections 15.xx.050.C. and 15.xx.050.D. of this Chapter. Section 15.xx. 130. AppeAls. After determination of the applicability of the Impact Fee, an applicant for a Building Permit or a property owner may appeal the amount of the Impact Fee or refund due to the City Council. The applicant must file a notice of appeal with the City Council within thirty (30) days following the determination of the applicability of the Impact Fee Ordinance, the Impact Fee, or refund due. If the notice of appeal is accompanied by a bond or other sufficient surety satisfactory to the City Attorney in a amount equal to the Impact Fee due, the Chief Building Official shall issue the Building Permit. The ~ing of an appeal shall not stay the collection of the Impact Fee due unless a bond or other sufficient surety has been filed. Section 15.xx. 140. Effect of Impact Fee on Zoning and Subdivision Regulations. This Chapter shall not affect, in any manner, the permissible use of property, density of development, design and improvement standards and requirements, or any other aspect of the development of land or provision of capital improvements subject to the zoning and subdivi- sion regulations or other regulations of the City, which shall be operative and remain in full force and effect without limitation with respect to all such development. Section 15.xx. 150. Impact Fee as Additional and Supplemental Requirement. The Impact Fee is in addition and supplemental to, and not in substitution of, any other require- ments impesecl by the City on the development of land or the issuance of Building Permits. It is intended to be consistent with and to further the objectives and policies of the General Plan, the Capital Improvements Plan, and other City policies, ordinances, and resolutions by which the City seeks to ensure the provision of public facilities in conjunction with the development of land. In no event, shall a property owner be obligated to pay for capital improvements in an amount in excess of the amount calculated pursuant to this Chapter; but, provided that a property owner may be required to pay, pursuant to City ordinances, regulations, or policies, for other capital improvements in addition to the Impact Fee for capital improvements as specified herein. Section 15.xx. 160. Variances and Exceptions. Petitions for variances and exceptions to the application of this Chapter shall be made to the Mayor in accordance with procedures to be established by resolution of the City Council. Section 15.xx. 170. l:-xemptions. The following developments shall be exempt from the requirements of this Chapter: A. Governmental or Public Facilities; B. Developments on real property owned by a government transportation agency which are used exclusively for public transportation purposes. C. Churches, temples, synagogues, and other buildings or structures used for religious worship. D. Public elementary schools and secondary schools. E. Private schools which meet the requirements of California Education Code Section 48222, or its successor, so that attendance at such schools complies with California compulsory education requirements. funding. Affordable housing dwelling units receiving Redevelopment Agency Section 15.xx. 180. Credits. A. A property owner may elect to construct a capital improvement listed in the Capital Improvements Plan. If the property owner elects to make such improvement, the property owner must enter into an agreement with the City prior to issuance of a Building Permit. The agreement must establish the estimated cost of the improvement, the schedule for initiation and completion of improvement,. a requirement that the improvement be completed to City standards, and such other terms and conditions as deemed necessary by the City. The City must review the improvement plan, verify costs and time schedules, determine if the improvement is an eligible improvement, and determine the amount of applicable credit for such improvement to' be applied to the otherwise applicable Impact Fee prior to issuance of any Building Permit. In no event, may the City provide a refund for credit that is greater than the applicable Impact Fee. If, however, the amount of the credit is calculated to be greater than the amount of the Impact Fee due, the property owner may utilize such credit toward the Impact Fees imposed on other Building Permits for develop- ment on the same site and in the same ownership. B. The City must reasonably provide for credits for other past and future mone- tary and nonmonetary contributions by the developer to the construction of the same public facility, as follows: (a) Present value of the amounts contributed within the past three (3) years for any land dedications, physical improvements, financial contributions, or property taxes; Co) Present land dedications and physical improvements; (c) Future land dedications, physical improvements, taxes, and user fees for a period of three (3) years. /" 2-R:'afdsX49 11 C. No credits shall be given for the construction of local on-site facilities required by zoning, subdivision, or other City regulations. Section 15.xx. 190. Public Service PrOjects. In order to ensure that the imposition of fees pursuant to this Chapter will not be contrary to the public interest, or prevent the development of a public service project, the City Council may waive all, or any portion of, the fees required by this Chapter if the Council finds that a non-residentiai or residential development project will serve a public purpose or satisfy a public need and is located within a redevelopmerit project area, or other special district, or involves direct City participation in the development. ' Section 3. EXpenditures from Fee Reserve Accounts. All monies and interest in each of the Reserve Accounts established by this Ordinance shall be exponded on the provision of capital improvement projects and programs as approved by the City Council. Such expenditures may include, but shall not be limited to, the foliowing: A. The reimbursement for all direct and indirect costs incurred by the City for the development of_ capital improvement projects and programs pursuant to this Ordi- nance, including but nor limited to, the costs of land acquisition, planning, legal advice, engineering, design, construction and equipment. B. The reimbursement for all costs incurred by the City and associated with the administration of each account. C. The issuance of bonds or notes, secured by the appropriate Reserve Account, for the provision of capital improvement projects and programs. D. The making of loans at conventional, low, or no interest to assist in the provision of capital improvement projects and programs. E. Land acquisition, planning, design, and construction (including rehabili- tation) which result in the provision of capital improvement projects and programs. Section 4. Development projects for which a development entitlement application was deemed complete prior to July 24, 1993 shall be exempt from the requirements of this Ordinance. Provided, however, that this exemption shall not override any condition of approval for a project which specifically requires payment of impact fees for the purposes of mitigating impacts on capital improvement projects. Section 5. Ordinance 659 of the County of Riverside establishing a Development Mitigation Fee for residential development as adopted by reference by the City of Temecula is hereby repealed. 2-R:~'~a} ~ 12 Section 6. Liberal Construction. The provisions of this Ordinance are hereby found and declared to be in furtherance of public health, safety, welfare, and convenience, and it shall be liberally construed to effectively carry out its purposes. Section 7. R~,aler. All Ordinances, Code Sections, or pans thereof in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 8. Severability. Should any sentence, section, clause, part, or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part declared to be invalid. Section 9. Effective Date. This Ordinance shall take effect sixty (60) days following its passage. Section 10. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published and posted as required by laws. PASSED, APPROVED AND ADOPTED this __ day of , 1993. J. Sal Mu~oz, Mayor ATFEST: June S. Greek, City Clerk [SEAL] 13 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Tem~ula, HEREBY DO CERTIFY, that the foregoing Ordinance No. 93~ was duly introduced and placed upon its tint reading at a regular meeting of the City Council of the City of Temecula on the __ day of May, 1993, and that thereafro, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the day of , 1993, by the following roll call vote: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, City Clerk ITEM 20 APPROVAL CITY ATTORNEY FINANCE OFFICER_~/~- CITY MANAGER//~p~. CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council/City Manager Harwood T. Edvalson, Assistant City Manager May 11, 1993 Adoption of an Employer-Employee Relations Resolution (EER) RECOMMENDATION: That the City Council adopt Resolution No. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CA, IMPLEMENTING AN EMPLOYER-EMPLOYEE ORGANIZATIONS RELATIONS POLICY BACKGROUND: In its effort to enact necessary policies and procedures for the operation of the City's human resources, staff has prepared an EER for City Council consideration. Presentation of this item was delayed by a letter from the Teamsters' Union asserting a right to representation for a portion of the City's employees. Staff has distributed a copy of the proposed EER to both union representatives and all municipal employees for comment. Comments have been received and considered, corresponding changes made, and a final proposed resolution presented with this staff report. A resolution of this nature is required to provide structure to the process of recognizing non-represented and represented employee organizations. FISCAL IMPACT: The EER resolution in and of itself has relatively little financial impact on the City. It does provide that when an employee organization is recognized that the City will share, on an equal basis, the cost of certain activities with the employee organization, e.g., recognition elections, decertification elections, mediation, etc. p:%edvalsh%eer RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA IMPLEMENTING AN EMPLOYER-EMPLOYEE ORGANIZATIONS RELATIONS POLICY THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Article I - General Provisions. Section 1. Statement of Purl~se. This Re~lution implements Chapter 10, Division 4. Ti~e 1 of the Government Code of the State of California (Sections 3500 et seq.) captioned "Ixw, al Public Employee Organizations', by providing orderly procedures for the administration of employer-employee relations between the City and its employee organizations. However, nothing contained herein shall be deemed to supersede the provisions of State law, City ordinances, resolutions imd rules which establish and regulate the merit system, or which provide for other methods of administering employer-employee relations through the establishment of uniform and orderly methods of communications between employees, employee organizations and the City. It is the purpose of this Resolution to provide procedures for meeting and conferring in good faith with Recognized Employee Organizations regarding matters that direc~y affect and primarily involve the wages, hours and other terms and conditions of employment of employees in appropriate units and that are preempted by Federal or State law. However nothing herein shall be construed to restrict any legal or inherent exclusive City rights with respect to matters of general legislative or managerial policy, which include among others: the right to determine its organization; direct the work of its employees; determine the times and hours of operation; determine the level, means, and kinds of services to be provided; establish its policies, goals, and objectives; determine staffing patterns; determine the number and kinds of personnel required; contract out work, transfer work out of the unit; maintain the efficiency of City operations; build, move, or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; and take action on any matter in the event of an emergency. In addition, the City Manager retains the right to hire, classify, assign, evaluate, promote, terminate and discipline employees. Section 2. Definitions. As used in this Resolution, the following terms shall have the meanings indicated: A Appropriate Unit - means a unit of employee classes or positions, established pursuant to Article II hereof. ~ Resos 311 -1- B City - means the City of Temecula, and, where appropriate herein, refers to the City Council or any duly authorized City representative as herein defined. C. Confidential Employee - means an employee who, in the course of his or her duties, has access to confidential information relating to the City's administration of employer-employee relations. D. Consult/Consultation in Good Faith - means to communicate orally or in writing for the purpose of presenting and obtaining views or advising of intended actions; and, as distinguished from meeting and conferring in good faith regarding matters within the required scope of such meet and confer process, does not involve an exchange of proposals and counter proposals with an exclusively recognized employee organization in an endeavor to reach agreement in the form of a Memorandum of Understanding, nor is it subject to Article V hereof. E. Day - means calendar day unless expressly stated otherwise. F. 'Discipline - means any action taken by the City against employees to correct inappropriate behavior or actions relating to the work relationship, i.e., counseling, reprimands, suspensions, demotions; terminations, etc. G. Employee - Any person regularly employed by the City, except those persons elected by popular vote. H. Employee Relations Officer - means the City Manager or his duly authorized representative. I. Employee Representative - The authorized representative of a recognized employee organization. J. Impasse - means the City bargaining representative and the authorized bargaining representative of a recognized employee organization have been unable to reach agreement concerning a subject over which they are required to meet' and confer, and the last best offer of each party has been rejected. K. Management Employee means an employee having responsibility for formulating, administering or managing the implementation of City policies and programs. L. Meet and Confer - The mutual obligation of the city and the recognized employee association to promptly meet and confer, upon the request of the other party, for a reasonable period of time in order to freely exchange information, opinion, and proposals, and to endeavor to reach agreement on matters within the scope of representation prior to the adoption by the city. !l,mm311 M. Proof of Employee Support - means (1) an authorization card recently signed and personally dated by an employee, or (2) a verified authori~,-~tion petition or petitions recently signed and personally dated by an employee, or (3) employee dues deduction authorization, using the payroll register for the period immediately prior to the date a petition is filed hereunder, except that dues deduction authorizations for more than one employee organization for the account of any one employee shall not be considered as proof of employee suppert for any employee organization. The only authorization which shah .be considered as proof of employee suppert hereunder shall be the authorization last signed by an employee. The words "recently signed" shall mean within sixty (60) days prior to the ~ing of a petition. N. Exclusively Recognized Employee Organization - means an employee organization which has been formally acknowledged by the City as the sole employee organization representing the employees in an appropriate representation unit pursuant to Article H hereof, having the exclusive right to meet and confer in good faith concerning statutorily required subjects pertaining to unit employees, and thereby assuming the corresponding obligation of fairly representing such employees. O. Supervisory Employee - means any employee having authority, in the interest of the City, to make recommendations to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsible to direct them, or to adjust their grievances, or effectively to recommend such action if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. P. Scope of Representation - All matters relating to employment conditions and employer-employee relations including, but not limited to wages, hours, and other terms and conditions of employment; except, however, that the Scope of Representation shall not include consideration of activity provided by law or executive order. Q. Ratification - The adoption of the Memorandum of Understanding as a binding agreement upon the parties by a majority vote of the City Council and the Employee Organization. Article II - Representation Proceedings. Section 3. Filing of Recognition Petition by Employee Organization. An employee organization that seeks to be formally acknowledged as the Exclusively Recognized Employee Organization representing the employees in an appropriate-unit shall file a petition with the Employee Relations Officer containing the following information and documentation: A. Name and address of the employee organization. B. Names and titles of its officers. /~' Resos 311 -3- C. Names of employee organization representatives who are authorized to speak on behalf of the organization. , D. A statement that the employee organization has, as one of its primary purposes, the responsibility of representing employees in their employment relations with the City.. E. A statement whether the employee organization is a chapter of, or affi'iated directly or indirectly in any manner, with a local, regional, state, national or international organization, and, if so, the name and addresses of each suc. h other organization. F. Certified copies of the employee organization's constitution and bylaws. G. A designation of those persons, not exceeding two in number, and their addresses, to whom norice sent by regular United States mail will be deemed sufficient norice or the employee organization for any purpose. H. A statement that the employee organization has no restriction on membership based on race, color, c~eed, sex, national origin, age, or physical disability. I. The job classifications or position rifles of employees, in the unit claimed to be appropriate, and the approximate number of member employees therein. ' J. A statement that the employee organization has in its possession proof of employee support, as herein defined, to establish that at least thirty (30) percent of the employees in the unit claimed to be appropriate, have designated the employee organization to represent them in their employment relations with the City. Such written proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party. K. A request that the Employee Relations Officer formally acknowledge the petitioner as the Exclusively Recognized Employee Organization representing the employees in the !unit claimed to be appropriate for the purpose of meeting and' conferring in good faith. The Petition, including the proof of employee support and all accompanying documentation, shall be declared to be true, correct and complete, under penalty of perjury, by the duly authorized officer(s) of the employee organization executing it. Section 4. City Response to Recognition Petition. Employee Relations Officer shall determind whether: Upon receipt of the Petition, the A. There has been compliance with the requirements of the Recognition Petition, and B. The proposed representation unit is an appropriate unit in accordance with Section 8 of this Article II. Risos 311 -4- If an affn'mative determination is made by the Employee Relations Officer on the foregoing two matters, he/she shall so inform the petitioning employee organization, shall give written notice of such request for recognition to the employees in the unit, shall take no action on said request for thirty (30) days thereafter. If either of the foregoing matters are not affirmatively determined, the Employee Relations Officer shall offer to consult thereon with such petitioning employee organization and, if such determination thereafter remains unchanged, shall inform that organization of the reasons therefor in writing. The petitioning employee organization may appeal such determination in accordance with Section 10 of this Resolution. ' Section 5. Open Period for Filing Challeneinl~ Petition. Within thirty (30) days of the date written notice was given to affected employees, that a valid recognition petition for an appropriate unit has been filed, an employee organization may f~e a competing request to be formally acknowledged as the exclusively recognized employee organization of the employees in the same or in an overlapping unit (one which corresponds with respect to some but not all the classifications or positions set forth in the recognition petition being challenged), by filing a petition evidencing proof of employee. support in the unit claimed to be appropriate of at least thirty (30) percent and otherwise in the same form and manner as set forth in Section 3 of this Article H. If such challenging petition seeks establishment of an overlapping unit,-the Employee Relations Officer shall ~all for a hearing on such appropriate unit, at which time the petitioning employee organizations shall be heard. Thereafter, the Employee Relations Officer shall determine the appropriate unit or units in accordance with the standards in Section 8 of this Article II. The petiitioning employee organizations shall have fifteen (15) days from the date notice of such unit determination is communicated to them by the Employee Relations Officer to amend their petitions to conform to such determination or to appeal such determination pursuant to Section 10 of this Article H. Section 6. Election Procedure. The Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party agreed to by the Employee Relations Officer and the concerned employee organization(s), in accordance with its rules and procedures subject to the provisions of this Resolution. All employee organizations who have duly submitted petitions which have been determined to be in conformance with this Article II shall be included on the ballot. The ballot shall also reserve to employees the choice of representing themselves individually in their employment relations with the. City. Employees entitled to vote in such election shall be those persons employed in regular permanent positions, within the designated appropriate unit, who were employed during the pay period immediately prior to the date which ended at least fifteen (15) days before the date the election commences, including those who did not work during such period because of illness, vacation or other authorized leaves of absence, and who are employed by the City in the same unit on the date of the election. An employee organization shall be formally acknowledged as the Exclusively Recognized Employee Organization for the designated appropriate unit following an election or run-off election if it received a numerical majority of all valid votes cast in the election and at least a majority of the employees in the appropriate unit have voted in the election. In an election involving three or more choices, where none of the choices receives a majority of the valid votes cast, a run-off Rmos 311 · election shall be conducted between the two choices receiving the largest number of valid votes cast; the rules governing an initial election being applicable to a run-off election. There shall be no more than one valid election under this Resolution pursuant to any petition in a 12-month period affecting the same unit. In the event that the parties are unable to agree on a third party to conduct an election, the election shah be conducted by the State Conciliation Services. Cost of conducting elections shall be borne in equal shares by the City and by each employee organization appearing on the ballot. Section 7. Procedure for Decerti~cation of l~,xclusively Recognized Employee Organization. A Decerti~cation Petition alleging that the incumbent Exclusively Recogr ized Employee Organization no longer represents a majority of the employees in an established appropriate unit may be filed with the Employee Relations Officer only during the 'open period' in the month of February of any year following the tint full year of recognition or during the thirty (30) day period commencing one hundred fifty (150) days prior to the termination date of a Memorandum of Understanding, then 'having been in effect less than three (3) years, whic~ ever occurs later. A Decerti~cation Petition may be filed by two or more employees or -heir representative, or an employee organization, and shall contain the following information and documentation, declared by the duly authorized signatory under penalty or perjury to be mae, correct and complete: A. The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information. B. The name of the established appropriate unit of the incumbent. Exck~sive Recognized Organization sought to be decerti~ed as the representative of that unit. C. An allegation that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts relating thereto. D. Proof of employee support of at least thirty (30) percent of the employees in the established appropriate unit, no longer desire to be represented by the incumbent Exclusively Recognized Employee Organization. Such proof shall be submitted for confirmatior to Employee Relations Officer or to a mutually agreed upon disinterested third party within the time limits specified in the first paragraph of this Section. An employee organization may, in satisfaction of the Dece~tion Petition requirements hereunder, file a Petition under this section in the form of a Recognition Petition that evider ces proof of employee support of at least thirty (30) percent that includes the allegation and information required under paragraph (c.) of this Section 7, and otherwise conforms to the requirements of Section 3 of this Article. The Employee Relations Officer shall initially determine whether the Petition has been filed in compliance with the applicable provisions of this Article II. If this determination is in the negative, he/she shall offer to consult thereon with the representative(s) of such petitioning employees or employee organization and, if such de, termination thereafter remains unchanged, shall return such Petition to the employees or employee organization with a statement of the reasons therefor in writing. The petitioning employees or employee organization may appeal such determination in acc, ordance with Section 10 of this Article II. If the determination of the Employee Relations Officer is in the affirmative, or if his/her negative determination is reversed on appeal, he/she shall give written notice of such Decer~fication or Recognition Petition to the incumbent Exclusively Recognized Employee Organization to unit employees. The Employee Relations Officer shall thereupon arrange for a secret ballot election to be held on or about fifteen (15) days after such notice to determine the wishes of unit employees as to the question of decerti~cation and, if a Recognized Petition was duly filed hereunder, the question of representation. Such election shall be conducted in conformance with Section 6 of this Article II. During the "open period" specified in the first paragraph of this Section 7, the Employee Relations Officer may on his/her own motion, when he/she has reason to believe that a majority of unit employees are no longer represented by the incumbent Exclusively Recognized Employee Organization, give notice to that organization and all unit employees that he/she will arrange for an election to determine that issue. In such event any other employee organization may within fifteen (15) days of such notice file a Recognition Petition in accordance with this Section 7, which the Employee Relations Officer shall act on in accordance with this Section 7. If, pursuant to this Section 7, a different employee organization is formally acknowledged as the Exclusively Recognized Employee Organization, such organization shall be bound by all the terms and conditions of any Memorandum of Understanding then in effect for its remaining term. Section 8. Policy and Standards for Determination of Appropriate Units. The policy objectives in determining the appropriateness of units shall be the effect of a proposed unit on (1) the efficient operations of the City and its compatibility with the primary responsibility of the City and its employees to effectively and economically serve the public, and (2) providing employees effective representation based on recognized community of interest considerations. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered shall be: A. Similarity of the general kinds of work performed, types of qualifications required, and the general working conditions. 311 -7- B. History of representation in the City and similar employment; except however, that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized. C. Consistency with the organizational patterns of the City. D. Number of employees and classifications, and the effect on the administration of employer-employee rehtions created by the fragmentation of classifications and proliferation of units. E. Effect on the classification structure and impact on the stability of the employer-employee relationship of dividing a single or related classifications among two or nore units. Notwithstanding the foregoing provisions of this Section, managerial, supervisory and confidential responsibilities, as defined in Section 2 of this Resolution, are determining factors in establishing appropriate units hereunder, and therefore managerial, supervisory and/or confidential employees. may be included in a unit consisting solely of managerial, supervisory or confidential employees respectively. Managerial, supervisory and confidential employees -'nay not represent or participate in any employee organization which represents other employees. The Employee Relations Officer shall allocate new classifications or positions, delete eliminated classifications or positions, and retain, reallocate or delete modified classificat'ons or positions, and retain, reallocate or delete modified classifications or positions from units in accordance with the provision of this Section. Section 9. Procedure for Modification of Established Appropriate Units. Requests by employee organizations for modifications of established appropriate units may be considerec by the Employee Relations Officer only during the period specified in Section 7 of this Article H. Such requests shall be submitted in the form of a Recognition Petition and, in addition to the requirements set forth in Section 3 of this Article, shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards set forth in Section 8 hereof. The Employee Relations Officer shall give written no :ice of the proposed modification(s) to any affected employee organization and shall hold a mee-jng concerning the proposed modification(s), at which time all affected employee organizations s'~all be heard. Thereafter the Employee Relations Officer shall determine the composition of the appropriate unit or units in accordance with Section 8 of this Article H, and shall give written notice of such determination to the affected employee organization. The Employee Relations Of~cer's determination may be appealed as provided in Section l0 of this Article. If a un:-t is modified pursuant to the motion of the Employee Relations Officer hereunder, employee organizations may thereafter file Recognition Petitions seeking to become the Exclusively Recognized Employee Organization for such new appropriate unit or units pursuant to Sec ion 3 hereof. a,,, 3U Section 10. A~ppeals. An employee organization aggrieved by an appropriate unit determination of the Employee Relations Officer under this Article II may, appeal such determination to the City Council for final decision within fifteen (15) days of notice of. the Employee Relations Officer's determination. An employee organization aggrieved by a determination of the Employee Relations Officer that a Recognition Petition (Section 3); Challenging Petition (Section 5) or Decertification of Recognition Petition (Section 7) or employees aggrieved by a determination of the Employee Relations Officer that a Decertification Petition (Section 7) has not been filed in compliance with the applicable provision of this Article may, within fifteen (15) days of such determination, appeal the determination to the City Council for final decision. Appeals to the City Council shall be fLIed in writing with the City Clerk, and a copy thereof served on the Employee Relations Officer. The City Council shall commence to consider the matter within thirty (30) days of the filing of the appeal. The City Council may, in its discretion, refer the dispute to a third party hearing process for advisory recommendations. Any decision of the City Council on the use of such procedure, and/or any decision of the City Council determining the substance of the dispute shall be final and binding. Article III- Administration. Section 11. Submission of Current Information by Recognized Employee Organizations. All changes in the information filed with the City by an Exclusively Recognized Employee Organization under items (a.) through (h.) of its Recognition Petition under Section 3 of this Resolution shall be submitted in writing to the Employee Relations Officer within fourteen (14) days of such change. Section 12; Employee Organization Activities-Use of City Resources. Access to City work locations and the use of City paid time, facilities, equipment and other resources by employee organizations and those representing them shall be authorized only to the extent provided for in-Memoranda of Understanding and/or administrative procedures, shall be limited to lawful activities consistent with the provisions of this Resolution that pertain directly to the employer-employee relationship and not such internal employee organization business as soliciting membership, campaigning for office, and organization meetings and elections, and shall not interfere with the efficiency, safety and security of City operations. Section 13. Administrative Rules and Procedures. The City Manager is hereby authorized to establish such rules and procedures as appropriate to implement and administer the provisions of this Resolution after consultation with affected employee organizations. Article IV - Meeting and Conferring. Section 14. Meet and Confer. The City, through its representatives, shall meet and confer in good faith with employee representatives of any recognized employee organization ~ l~sos 311 -9- regarding matters within the scope of representation, including, but not limited to wages, ~ours and other terms and conditions of employment. The city shall not be required to so meet and confer on the following matters: A. Any subject preempted by federal or state law. B. Any of the matten that are management rights, as stated in Section 1. C. Any amendments or proposed amendments to this Resolution. Where a recognized employee organization desires to meet with the City through its representatives on matters within the scope of representation, said organization shall ma~ce a request in writing and specify the subjects to be discussed. The recognized employee organization shall submit all requests which it intends to have considered for the budget for ~ext fiscal year, by the fifteenth day of February immediately preening the commencement of said fiscal year, provided that such requests may be changed during the meeting and confer=ing process, so long as the total cost of the requests made does not exceed the cost of the requests made as of said fifteenth. day of February. The City shall schedule a meeting, to be held within thirty (30) days of the employee organization's submission of proposals, at a time and place mutually satisfactory to the parties involved to respond to such requests. Where the City proposes to take action on matters within the scope of representa~on, whether such action be by ordinance, resolution, rule or regulation, reasonable written notice shall be given to each recognized employee organization affected thereby, and each shall be given the opportunity to meet with the City through its representatives, prior to the adoption of same. In cases of emergency, when the City Council of the City of Temecula determines that an ordinance, rule, resolution or regulation must be adopted immediately, without prior notice or meeting with any recognized employee organization, the City shall provide such notice and opportunity to meet at the earliest practicable time following the adoption of same. Upon a reasonable notice by the City, the employee representatives of recognized employee organizations shall be required to meet and confer in good faith jointly with the Ci=y's representatives when requested to do so by the Municipal Employee Relations Representative. The meeting and conferring process, including impasse procedures, must be completed within ninety (90) days after receipt of the written request or written notice provided for above, unless extended by mutual agreement between the City and the recognized emplo~t~e organization. In the event the City gives notice to meet and-confer, pursuant to the above, e City may specify in said notice a shorter period of time, but no less than thirty (30) days, within provided further that the recognized employee organization shall be deemed waived any rights to meet and confer as to any matter so noticed by the City if, within se~en (7) days after receipt of said notice, said employee organization fails to deliver to the City a written request for a meeting. R~ 311 If agreement is reached by the representatives of the City and the recognized employee organization, all agreed matters shall be incorporated as joint recommendations to the City Council in a written Memorandum of Understanding signed by the Municipal Employee Relations Representative or his/her designee, and the duly authorized employee representatives. Said Memorandum of Understanding shall not be binding, but said joint recommendation shall be submitted to the City Council for its determination. The Memorandum of Understanding will become binding upon the parties after ratification by the Employee Organization and the City Council. Article V - Irn, passe Procedures. Section 15. Initiation of Impasse Procedures. If the meet and confer process has reached impasse, as defmed in this Resolution, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement of this position on all issues. An impasse meeting shall then be scheduled promptly by the Employee Relations Officer. The purpose of such meeting shall be: A. To review the position of the parties in a final effort to reach agreement on a Memorandum of Understanding; and B. If the impasse is not resolved, to discuss arrangements fo~ the utilization of the impasse procedures provided herein. Section 16. Impasse Procedures. Impasse procedures are as follows: A. If the parties agree to submit the dispute to mediation, and agree on the selection of a mediator, the dispute shall be submitted to mediation. All mediation proceedings shall be private. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues. B. If the parties fail to agree to submit the dispute to mediation or fail to agree on the selection of a mediator, or fail to resolve the dispute through mediation within fifteen (15) days after the mediator commenced meeting with the parties, the parties may agree to submit the impasse to other procedures as may be mutually agreed upon. If the parties did not agree on mediation or some other mutually agreed upon procedure, or having so agreed, the impasse has not been resolved, the City Council may take such action regarding the impasse as it in its discretion deems appropriate as in the public interest. Any legislative action by the City Council on the impasse shall be final and binding. Section 17. Costs of Impasse Procedures. The costs for the services of a mediator and other mutually incurred costs shall be borne equally by the City and Exclusively Recognized Employee Organization. Article VI - Miscellaneous Provisions. Section 18. Construction. This Resolution shall be administered and construed as follows: A. Nothing in this Resolution shall be construed to deny to any person, employee, organization, the City, or any authorized officer, body or other representative of the City, the rights, powers and authority granted by Federal or State law. B. Article I. This Resolution shall be interpreted so as to carry out its purposes as set forth in C. Nothing in this Resolution shall be construed as making the provisions of California Labor Code Section 923 applicable to City employees or employee organizations, or of giving employees or employee organizations the right to participate in, support, cooperate or encourage, directly or indirectly, any. strike, sickout or other total or partial stoppage or slowdown of work. In the event of an illegal strike, work stoppage, slowdown, sickout or other concerted refusal to work by employees, the City may employ any lawful remedies or disciplinary actions against both the employee organization and the employees engaging in the illegal work action. Section 19. Severability. If any provision of this Resolution, or the application of such provision to any persons or circumstance, shall be held invalid, the remainder of this Resolution, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Section 20. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this llth day of May, 1993. ATI"EST: J. Sal Mu~oz, Mayor June S. Greek, City Clerk STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF ~ULA ) 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 1 lth day of May, 1993 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: June S. Greek, City Clerk /"' Rmos 311 -13- TEMECULA COMMUNITY SERVICES DISTRICT AGENDA ITEM 1 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA COMMUNITY SERVICES DISTRICT TUESDAY APRIL 13, 1993 A regular meeting of the City of Temecula Community Services District was called to order Tuesday, April 13, 1993, 8:45 P.M., atthe Temecula Community Center, 28816 Pujol Street, Temecula, California. The meeting was called to order by President Patricia H. Birdsall. PRESENT: 5 DIRECTORS: Mu~oz, Parks, Roberts, Stone, Birdsall ABSENT: 0 DIRECTORS: None Also present were City Manager David F. Dixon, Assistant City Manager Woody Edvalson, City Attorney Scott Field, City Clerk June S. Greek and Recording Secretary Gail Zigler. PUBLIC COMMENT None CONSENT CALENDAR It was moved by Director Parks, seconded by Director Stone to approve Consent Calendar Items No. 1 and 2. The motion carried as follows: AYES: NOES: ABSENT: Minutes 1.1 5 0 0 DIRECTORS: Mu~oz, Parks, Roberts, Stone, Birdsall DIRECTORS: None DIRECTORS: None Approve the minutes of March 23, 1993. Construction of 115 Kv Transmission Line bv Southern California Edison Along Margarita Road 2.1 Grant Southern California Edison an anchor easement located at the northwest corner of Margarita Road and Pauba Road within Sports Park, in exchange for TCSDMINO4/13193 -1- 4/271113 TEMECULA COMMUNITY SERVICES DISTRICT MINUTES the release of an adjacent anchor easement to the City. GENERAL MANAGERS REPORT None APRIL 13.1993 DIRECTOR OF COMMUNITY SERVICES REPORT Director Nelson reported on the outcome of the Easter Egg Hunt event at Rancho California Sports Park. BOARD OF DIRECTORS REPORTS President Birdsall stated she feels the Sports Parks Tot Lot area needs permanent restroom facilities and more barbecue units. Director Nelson advised that these items are included in the 1993 Capital Improvement Program. ADJOURNMENT It was moved by Director Roberrs, seconded by Director Mu~oz to adjourn at 9:05 P.M. The next meeting of the Community Services District will be held on May 11,1993. at 8:00 P.M., at the Temecula Community Center, 28816 Pujol Street, Temecula, California. Patricia H. Birdsall, President June S. Greek, City Clerk TCSDMIN04/13/93 -2- 4/27193 ITEM NO. APPROVAL CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: BOARD OF DIRECTORS DAVID F. DIXON MAY 11, 1992 ACCEPTANCE OF AGREEMENT AND BONDS TO NEIGHBORHOOD PARK SITE - VAN CORPORATION IMPROVE DAELE DEVELOPMENT PREPARED BY: ~' RECOMMENDATION: BERYL YASINOSKY, DEVELOPMENT ASSISTANT That the Board of Directors: Accept the agreement and surety bonds provided by developer to improve the neighborhood park within Tract No. 22627-0 - Van Daele Development Corporation. DISCUSSION: Pursuant to the conditions of approval for Tract No. 22627, Signature Series, Van Daele Development Corporation has paid Quimby Fees in the amount of S 110, 139.75. In addition to the fees, the developer has offered to improve and dedicate to the City a one-half acre neighborhood park site next to Nicholas Road. The park is intended for passive use, with picnic tables, shade trees and drinking fountains. Approved plans for the park site are on file with the Temecula Community Services District (TCSD). It is anticipated that the park improvements will commence with the construction of Assessment District 161. To insure that the park is constructed and dedicated to the City, staff has required the developer to post security to improve the site based upon the certified construction cost estimate for the park. As a result, Van Daele Development Corporation/Rancho 126, Ltd. has entered into an Agreement with the City to improve the parksite prior to January 1, 1994, and has provided Surety Bonds, issued by Golden Eagle Insurance Company as follows: la~ag~'nttas~VanDaeie-Age 042793 Faithful Performance Bond No. SUR 15 29 74 in the amount of $32,751.00. Labor and Materials Bond No. SUR 15 29 74 in the amount of ~ 16,376.00. Warranty Bond No. SUR 15 29 74 in the amount of ~3,276.00. The Bonds will be retained until final acceptance of the park site is completed. Staff will then recommend to the Board of Directors to authorize the reduction or release of the bonds. FISCAL.IMPACT: Cost of construction of this park will be borne by the developer. Operation and maintenance costs will be included in the FY 1993-94 budget. ATTACHMENTS: Site/location map. Copies of Bonds and Agreement la~'mtas~VanDa~l~.Agg~ 04279~ ./ ,,.,,,r SITE VICINITY MAP NTS NORTH GENERAL ~,~_, KEARNY ROAD ."~:~ .". ,,~.~'Z.~. _ . CREEK SANTA GERFRUDIS ' N/COLAS '" J · CITY OF TEMECULA PARKLiND / LANDSCAPE IMPROVEM~,NT AGREEMI?.NT DA13E OF AG~: March 25, 1993 NAMIE' OF SUBDIVIDER: van Daele Develonment CorDoration/Rancho 126,Ltd. (Refened to as "SUBDIVIDER") NAME OF SUBDMSION: Signature Series (Referred to as "SUBDi~4II)EP-'') TRACT NO.: ' 22627 TENTATIVE MAP KESOLUTION OF APPROVAL NO.: CRefenv, d to as "Resolution of Approval") PARKLAND INIPROVEMENT PLANS NO.: (Referred to as "Resolution of Approval") ESTIMATED TOTAL COST OF PARKLAND IMPROVEMENTS: $ 32,75 1.00 COMPLETION DATE: January 1994 NAME OF SURETY AND BOND NO. FOR LABOR AND MATERIALS BOND: Golden Eagle Insurance Company, Bond No. SUR 15 29 74 NAME OF SURETY AND BOND NO. FOR FAITHFUL PERFORMANCE BOND: G~]den K~gqe In.~urance Company. Bond No. SUR 15 29 74 NAME OF SURETY AND BOND NO. FOR WARRANTY BOND: Golden Eagle Insurance ComDany, Bond No. SUR 15 29 74 This Agreement is made and entered into by and between the City of Tcmccula, Callfomia, a Municipal Corporation of the State of Callfomia, hcreinafter referred to as CITY, and the SUBDIVIDER. 'A. SUBDIVIDER has presented to CITY for approval and recordslion, a final subdivision map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State of California and the CITY ordinances and regulations relating to the filing, approval and recordslion of subdivision maps. The Subdivision Map Act and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps are collectively referred to in this Agreement as the "Subdivision Laws. ". B. A tentative map of the SUBDM SION has been approved, subject to the Subdivision Laws and to the' requirements and conditions contained in the Resolution of Approval. The ResOlution of Approval is on ffie in the Offme of the City Clerk and is incorporated into this Agreement by reference. C. SUBDIVIDER is required as a condition of the approval of the tentative map that the Parkland Improvement plans must be completed, in compliance with City standards, by the Completion Date. The Subdivision Laws establish as a condition precedent to the approval of a final map, that the SUBDIVIDER has entered into a seCured Agreement with the CITY to complete the Parkland/Landscape Improvement Plans within the Completion Date. D. In consideration of approval of a final map for the SUBDMSION by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby promises to install and complete, at SUBDIVIDER'S own expense, all the Parkland/Landscape Improvement work required by City in connection with proposed subdivision. Subdivider has secured thi.q agreement by Parkland/Landscaping Improvement Security required by the Subdivision Laws File: R:'~Corv~r~J,,Ir~lcO~ 2 and approved by the City Attorney. The term "PaXkland" includes landscape areas intended to be maintained by the Temecula Community Services District. E. Complete Parkland/Landscape Improvement Plans for the construction, installation and completion of the Parkland Improvements have been prepared by SUBDIVIDER and appmved by the DLrector of Community Services. The Par~rland Improvement Plans numbered as referenced previously in thi.~ Agreement are on file in the Office of the Director of Community Services and are incorporated into this Agreement by this reference. All references in this Agreement to the Parkland Improvement Plans shall include reference to any specifications for the Improvements as appmved by the Director 'of Community Services. F. An estimate of the cost for construction of the Parkland Improvements according to the Improvement Plans has been made and appmved by the Director of Community Services. The estimated mount is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. G. The CITY has adopted standards for the construction and installation of Parkland/landscape Improvements within the CITY. The Parldand/Y-~ndscape Improvement Plans have been prepared in conformante with the CITY standards, (in effect on the-date of approval of the Resolution of Approval). H. SUBDIVIDER recognizes that by approval of the final map for SUBDIVISION, CITY has conferred substantial fights upon SUBDIVIDER, including the fight to sell, lease, or finance lots within the SUBDM SION, and has taken the final act necessary to subdivide the property within the' SUBDM SION. As a result, CITY will be damaged to the extent of the cost of installation of the Pax~rland/Landscape Improvements by SUBDIVIDER'S failure to perform its obligations under this Agreement, including, but not limited to, SUBDIVIDER'S obligation to complete construction of Parkland/landscape Improvements by the Completion Date. CITY Rle: R:~ConnllrXl, mr~i~-glg 3 shall be entitled to all remedies available to it pursuant to this Agreement and the Subdivision Laws in the event of a default by SUBDIVIDER. It is specifically recognized that the determination of whether a reversion to acreage or rescission of the SUBDM SION constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole discretion of CITY. NOW, ~ORE, in consideration of the approval and recordation by the City Council of the final map of the SUBDM SION, SUBDIVIDER and CITY agree as follows; 1. SUBDIVIDER'S Obligations to Construct Parkland/Landscape Improvements. SUBDIVIDER Shall: I a. Comply with all the requirements of the Resolution of Appwval, and any-amendments thereto, and with the provisions of the-Subdivision Laws. b. Complete by the time established in Section 20 of this Agreement and at SUBDIVIDER'S own expense, all the Parkland/Landscape Improvement Work required on the Tentative Map and Resolution of Approval in conformance with the Parkland Improvement Plans and the CITY standards: c. Furnish the necessary materials for completion of the Parkland Improvements in conformity with the Parkland Improvement Plans and CITY standards. d. Except for easements or other interests in real properr/to be dedicated to the homeowners association of the SUBDM SION, acquire and dedicate, or pay the cost of acquisition by CITY, of all fights-of-way, easements and other interests in real property for construction or installation of the Parkland/Landscape Improvements, free and clear of all liens and File: R:%Cennelr~Larmscg}sa dr encumbmces for the SUBDIVIDER'S obligations with regard to acquisition by CITY of off-site rights-of-way, easements and other interests in real property shall be subject to a separate Agreement between SUBDIVIDER and CITY. 2. Acquisition and Dedication of Easements or Rights-of-Way. If any of the Parkland/Landscape Improvements and hand development work contemplated by this Agreement are to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced before: a. The offer of dedication to CITY or appropriate rights-of-way, easements or other interest in real property, and appropriate authorization from · the property owner to allow construction or installation of the Improvements or work, or'- b. The dedication to, and acceptance by, the CITY of appropriate rights-of-way, easements or other interests in real property, and appmved by the Department of Public Works, as determined by the Director of Community Services. c. The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with order of possession. Nothing in this Section 2 shaft be construed as authorizing or granting an extension of time to SUBDIVIDER. 3. SecUrity. SUBDIVIDER shall at all times guarantee SUBDIVIDER'S performance of this Agreement by furnishing to CITY, and mainu{n{ng, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the mounts as follows: File: R:\Cormelr~,N'tde~l~ 5 a. to assure faithful performanc~ of this Agreement in regard to said improvements in and mount of 100% of the estimated cost of the Parkland/Landscape Improvements; and b. to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor materials for Parkland/Landscape Improvements required to be constructed or instnlled pursuant to this Agreement in the additional mount of 50 % of the estimated cost of the Improvements; and c. to guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by'CITY against any defective work or labor done or defective materials furnished in the additional amount of 10% of the estimated cost of the Parkland Improvements. The securities required by this Agreement shall be kept on f'tIe with the City Clerk. The terms of the security documents referenced on Page 1 of this Agreement are incorporated into this Agreement by this Reference. If any 'security is replaced by another approved'security, the replacement shall be f'ded with the City Clerk and, upon firing, shall be deemed to have been made a part of and incorporated into tiffs Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. 4. Alterations to Parkland Improvement Plans. a. Any changes, alterations or additions to the Parkland/Landscape Improvement Plans and specifications or to the improvements, not exceeding 10 % of the original estimated cost if the improvement, which are mutually agreed upon by the CITY and SUBDIVIDER, shall not relieve the improvement security given for faithful performance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the F~le: ~:%Cor~r~r~.arms~coa~ 6 improvement, SUBDIVIDER shall provide improvement security for faithful pe~ormance as required by Paragraph 3 of this Agreement for 100 % of the total estimated cost of the improvement as changed, altered, or amended, minus any completed parriM releases allowed by Paragraph 6 of this Agreement. b. The SUBDIVIDER shall construct the Parkland Improvements in accordance with the CITY Standards in effect at the time of adoption of the Resolution of Appwval. CITY reserves the fight to modify the standards applicable to the SUBDM SION and this Agreement, when necessary to protect the public health, safety or weftare or comply with applicable State or federal law or CITY zoning ordinances. If SUBDIVII:)ER requests and is granted an extensio~ of time for completion of the improvements, CITY may apply the standards in effect at the time of the extension. Inspection and Maintenance Period. a. SUBDIVIDER shall obtain City inspection of the Parkland/Landscape Improvemems in accordance with the City standards in effect at the time of adoption of the Resolution of Approval. SUBDIVII)ER shall at all times maintain proper facilities and safe access for inspection of the Parkland Improvements by CITY inspectors and to the shops wherein any work is in preparation. Upon completion of the work the SUBDIVIDER may request a fmai inspection by the Director of Community Services, or the Director of Community Service' s authorized re~pr~sentative. Zf the Director of Community Services, or the designated representative, determine that the work has been completed in accordance with File: lul:~Connelr~l,arm~ 7 this Agreement, then the Director of Community Services shall certify the completion of the Parkland/Landscape Improvements to the Board of Directors. b. SUBDIVIDER shall continue to maintain the Parkland/Landscape Improvements for ninety (90) days after they have been certified completed. No improvements shall be Finally accepted unless the maintenance period has expired, and all aspects of the work have been. inspected and determined to have been . completed in accordance with the Parkland/Landscape Improvement Plans and CITY standards. certification. Release 6f Securities. SUBDIVIDER shall bear all costs of inspection and Subject to approval by the Board of Directors of the Community Services District of the CITY, the securities required by this Agreement shall be released as follows: a. Security given for faithful performance of any act, obligation, work 'or Agreement shall be released upon the expiration of the maintenance period and the final completion and acceptance of the act or work, subject to the provisions of subsection (b) hereof. b. The Director of Community Services may release a portion of the security given for faithful performance of improvement work as the Parkland Improvement progresses upon application therefore by the SUBDIVIDER; provided, however, that no such release shall'be for an mount less that 25 % of the total Parkland Improvement Security given for faithful performance of the improvement work and that the security shall not be reduced to an mount less than 50 % of the total Landscape/Parkland Improvement Security given for faithful File: R:~Cof~eirki..$tidseu$~ 8 performance until expiration of the maintenance period and f'mal completion and acceptance of the improvement work. In no event shall the Director of Community Service8 authorize a release of the Parkl:~nd/Landscape Improvement Security which would reduce such security to an amount below that required to guarantee the completion of the improvement work and' any other obligation imposed by this Agreement. c. Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, six months after the completion and acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom lien have been filed and of which notice has been given to the legislative body, plus an amount reasonably determined by the Director of Community Services to be required to assure the performance of any other obligations secured by the Security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. d. No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in paragraph 10, the warranty period shall not commence until final acceptance of all work and improvements by the City Council. e. The CITY may retain from any security released, and amOUnt sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees. Injury to Public Improvements. Public Property or Public Utilities Facilities. File: R:~.Connelr~ar'mmaawO 9 SUBDIVIDER shall replace or have replaced, oi: repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged or destroyed by reason of any work done under thi.~ Agreement. SUBDIVIDER shall bear the entire cost of replacment or repairs of any and all public property on public utility property damaged or destroyed by reason of any work done. Under this agreement whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the CITY or any public or private utility corporation or by any combination or such owners. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 8. PermitS. SUBDIVIDER shall, at SUBDIVIDER"S expense, obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law. 9. Default of SUBDIVIDER. · a. Default of SUBDIVIDER shall include, but not be limited to, SUBDIVIDER'S failure to timely commence construction pursuant to this Agreement; SUBDIVIDER'S failure to timely complete construction Of the Parkland/Landscape Improvements; SUBDIVIDER'S failure to timely cure any defect in the Parkland/Landscape Improvements; SUBDIVIDER'S failure to perform substantial construction work for a period of 20 calendar days after commencement of the work; SUBDIVIDER'S insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty (30) days; the commencement of a foreclosure action against the SUBDIVISION or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or File~ 10 SUBDIVIDER's failure to perform any. other obligation under this Agreement. b. The CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER's obligations under this Agreement. The CITY shall have the right, subject to this section, to draw upon or uHl{Te the appropriate security to mitigate CITY damages in event of default by SUBDIVIDER. 'The right of CITY to draw upon or uti]{ze the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security :remOUntS may not reflect the actual cost of construction or inStallatiOn Of Parkland/Landscape Improvements and, therefore, CrfY damages for SUBDIVIDER'S default shall be meastired by the cost of completing the required improvements. The sums provided by the improvement security may be used by CITY for the completion of the Parkland/Landscape Improvements in accordance with the Parkland/Landscape Improvement Plans and specifications contained herein. In the event of SUBDIVIDER'S default under this Agreement, SUBDIVIDER authorizes CITY to perform such obligation twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety, and agrees to pay the entire cost of such performance by CITY. CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER, and SUBDIVIDER'S Surety shall be liable to CITY for any excess cost or damages occasioned CITY thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appli:~nces, plant and other property File: belonging to SUBDIVIDER as may be on th~ site of the work and necessary for performance of the work. c. Failure of SUBDIVIDER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of a notice of violation against all the lots in the SUBDIVISION, or to rescind the approval or otherwise revert the SUBDMSION to acreage. C is in addition to and not in lieu The remedy provided by this Subsection of other remedies available to CITY. SUBDIVIDER agrees that the choke of remedy or remedies for SUBDIVIDER'S breach shall be in the discretion of CITY. d. In the event that SUBDrVIDER fails to perform any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including costs of suit and reasonable attomey's fees. e. The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER. 10. Warranty. SUBDIVIDER shall guarant~ or warranty the work done pursuant to this Agreement for a period of one year after expiration of the maintenance. period and final acceptance by the City Council of the work and improvements against any defective work or labor done or defective materials fumished. Where Parkland/Landscape Improvements are to be constructed in phases or sections, the one year warranty period shall commence after City acceptance of the last completed improvement. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, constructed or caused to be done, furnished, installed or constructed by SUBDIVIDER fails to fullall any of the File: R:%.Connelt~L~n~m=~).m~ 12 requirements of this Agreement or the Parkland/Landscape Improvement Plans and specifications referred to herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should SUBDIVIDER fail to act promptly or in accordance with this rexluirement, SUBDIVIDER hereby authorizes CITY, at CITY option, to perform the work twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER's Surety and agrees to pay the cost of such work by CITY. Should CITY determine that an urgency require. s repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary repairs or replacements or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs. 11. SUBDIVIDER Not Agent of CITY. Neither SUBDIVIDER nor any of SUBDIVIDER'S agents or contractors arc or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER'S obligations under this Agreement. 12. Injury to Work. Until such time as the Parkland/Landscape Improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreemere prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. 13. Other Agreements. Nothing contained in this Agreement shall preclude CITY from expertcling monies pursuant to agreements concurren~y or previously executed between the parties, or from entering into agreement with other subdividers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the CITY File: R:XConne/r~.,Inaacol~ 13 ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment. 14. SUBDIVIDER'S Obligation to Warn Public During Construction. Until final acceptance of the Pax~land Improvements, SUBDIVIDER shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous ~ndition. 15. Vesting of Ownership. Upon acceptance of work on behalf of CITY and recordat. ion of the Notice of Completion, ownership of the improvements construCted pursuant to this Agreement shall vest in CITY. 16. Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by the City Cou~il upon recommendation of the Dir~tor of Community Services after final completion and inspeet.{on of all Parkland/Landscape Improvements. The Board of Directors shall act upon the Director of Community Services recommendations within thixty (30) days from the date the Director of Community Services certifies that the work has finally completed, as provided in Paragraph 5. Such acceptance shall not constitute a waiver of defects by CITY. 17. Indemnity/Hold Ha.nnless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents or employees in the performance of this Agreement. SUBDIVIDER further agrees to protect and hold harmless CITY, its officials and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions or SUBDIVIDER, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in pan, the design or construction of the Parkland/Landscape Improvements. This File: indemnification and Agreement to hold harmless 'shall extend to injuries to persons and damages or taking of property resulting from the design or construction of the Parkland/Landscape Improvements as provided herein, and in addition', to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. Acceptance of any of the Parkland/Landscape Improvements shall not constitute any assumption by the crrY of any responsibility for any .damage or taking covered by this paragraph. CITY shall not be responsible for the design or construction of the Parkland/Landscape Improvements pursuant to the approved Parkland/Landscape Improvement Plans, regardless of any negligent action or inaction taken by the CITY in approving the plans, unless the particular improvement design was specifically required by CITY over written objection by SUBDIVIDER submitted to the Director of Community Services before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. After acceptance of the Parkland/l-~ndscape Improvements, the SUBDIVIDER shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect, however, SUBDIVIDER shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten years following the acceptance by the CITY of Parkland/Landscape Improvements. It is the intent of this section that SUBDIVIDER shall be responsible for all liability for design and construction of the Parkland/Landscape Improvements installed or work done pursuant to this Agreement and that CITY shall not be liable for any negligence, nonfeasance, misfeasance or 'malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The improvement security shall not be required to cover the provision of this paragraph. File: F~:~,CenneifiL/n~eel>e~ 15 i 18. S~le or Disposition of SUBDMSION. Sale or other disposition of this property will not relieve SUBDIVIDER from the obligations set forth herein. If SUBDIVIDER sells the property or any portion of the property within the SUBDM SION to any other person, the SUBDIVIDER may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, the SUBDIVIDER may request a release or reduction of the securities required by this Agreement. Nothing in the rioration shall relieve the SUBDIVIDER of the 'obligations under Paragraph 17 for the work or improvement done by SUBDIVIDER. 19. Time of the Essence. Time is of the essence of this Agreement. 20. Time for Completion of Work Extensions. SUBDIVIDER shall complete construction of-the improvements required by this Agreement no later than · In the event good cause ex/sts as determined by the City Engineer, and if otherwise permitted under the tentative map condition, the time for completion of the improvements hemunder may be extended. The extension shall be made by writing executed by the Director of Community Services. Any such extension may be granted without notice to SUBDIVIDER'S Surety and shall not affect the validity of this Agreement or release the Surety or Sureties on any security given for this Agreement. The Director of Community Services shall be the sole and Final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, or by an act of God, which SUBDIVIDER could not have reasonably foreseen, or by storm or inclement weather which prevents the conducting of work, or by strikes, boycotts, similar actions by employees or labor organizations, which prevent the conducting or work, and which were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for an extension of time for completion. As a condition of such extension, the Director of File: Community Services may require SUBDIVIDER to furnish new security guannteeing performance of this Agreement as extended in an increased mount as necessary to compensate for any increase in construction costs as detennined by the Director of Community Services. 21. No Vesting of Rights. Performance by SUBDIVIDER of this Agreement shall not be construed to vest SUBDIVIDER'S rights with respect to any change in any change in any zoning or building law or ordinance. 22. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is f'tled with the City: Notice to CITY: City Clerk City of Temecula 43174 Business Park Drive Temecula, California 92390 Notice to SUBDIVIDER: Van D~ele Dev. Corp. 2900 Adams St., Ste. C-25 Riverside, CA 92504 23. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is. held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless mended or modified by the mutual consent of the parties. 24. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. 25. Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this contract, the prevgning party shall be endfled to litigation costs and reasonable attomey's fees. 26. Incorporation of Recitals. into the terms of this agreement. 27. Entire AgT",.,ement. The ~ to thi.~ agr~ment ax~ hereby incorporated This Agr~ment constitutes the. entire Agreement of the parties with respect to the subject matter. All modifications, amendments', or waivers of the terms of this Agreement must be in writing and signed by the appropriate representative of the parties. in the case of the CITY, the appropriate party shall be the City Manager. File: R:%Conn~trU, mncllcoll3 18 IN WITNESS WI-]'F-REOF, this Agr~ment is executed by CITY, by and through its Mayor. SI/BDIVIDER Van Daele/Rancho 126, Ltd., a California Limited Partnership, by ~ ~-'~C'~. ~.~, ~,~,,,, ~,,,,,, 'Patrick J.~Van Daele Title: CITY OF TEMECULA By: Mayor By: Name: Ti~e: (Proper Notarization of SUBDIVIDER'S signature is required and shall be:attached) ATTEST: By: June S. Greek City Clerk RECOMMF~NDED FOR APPROVAL: By: Name: City Engineer By: Name: Director of Community Services APPROVED AS TO FORM: By: Scott F. Field City Attorney F~|e: R:~Connear~.ancls4ma~ 19 State of CALIFORNIA On 3/26/93 before me. Eristi L. County of Rivers ide } SS. personally appeared Pat;rick J. Van Daele Executive Vice President Blanchard (This area for official seal) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s] is/are suDsCnbed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/her/their authonzed capacity(ies], and that by his/her/their signature(s) on the instrument the person(s]. or the entity upon behalf of which the person(s] acted. executed the instrument. WITNESS my hand and official seal. ATTENTION NOTARY: Although the information recluestea Delow is OPTIONAL it could Orevent fraudulent affochrnent of this certificate to another document THIS CERTIFICATE MUST BE ATTACHED TiHe or Type of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Number of Pages __ Date of Document 11'-1100 (11/90) Signer(s) Other Than Named Above " EXHIBIT A" DESCRIPTION QUANTITY UNIT PRICE. CONCRETE WOODCRETE · HANDICAP. TREES SHRUBS VINES G. C . ANN COLOR BENCH TRASH ='LAWN SOIL BORDER WALKS FENCE DRINK. FOUN. 15 GAL 5GAL 5GAL 1GAL 5GAL e 18 O.C. ~ 12 O.C. @80.C. RECEPTACLE HYDROSEED SOD CLEAR/WEED 3,200.00 S-F. 490.00 L.F. 1.00 EA. 28.00 EA. 34.00 EA. 68.00 EA. 91.00 EA. 0.00 EA. 0.00 S.F. 7,500.00 S.F. 0.00 S .F. 1.00 EA. 1.00 EA. 15,000.00 S.F. 0.00 S.F. 25,000.00 S.F. GRADE/END 25,000.00 S.F. 1.25. 10.50 1,250.00 55.00. 18.00. 14.00 4.00. 25.00 0.12 0.12 0.18 150.00 100.00' 0.05 0.55 0.02 0.13 CONC-STRIP 440.00 L.F. 3.50 CONSTRUCTION & PLANTING SUB-TOTAL CONTROL: 24 STATION ENCLOSURE STAIN/STEEL 8 STATION H.P.U 1 INCH PRESS.REG. i INCH R.C.V. 1-1/2 RAINBIRD. API QUICK B. VALVE ' OLSEN WCS POLYTUBE MICROTUBE STRM RTR 1 INCH PRS REG 1" WYE STRNR 1 COUPLER 2 INCH 1-1/4 MULTI-EMIT RAIN GUAGE 4 PGP PGS 12 PGH SPRAY HEAD 12 RAINBIRD 6 4 POP-UP MAIN 2 INCH I 1'/4 .- NCH 3/4 .'INCH LATERAL 2 INCH 3 / 4 'INCH 1 / 2 INCH 0.00 EA. 1.00 EA. 1.00 EA. 1.00 EA. 1.00 EA. 6.00 EA. 2.00 EA. 0.00 EA. 0.00 EA. 6.00 EA. 1.00 EA. 0.00 EA. 0.00 EA. 1.00 EA. 0.00 EA. 0.00 EA. 45.00 EA. 0.00 EA. 0.00 EA. 0.00 EA. 90.00 EA. 0.00 EA. 430.'00 L.F. 0- 00 L.F. 90,'00 L.F. 210.00 L.F. :~0'-~O'~L. F. '2 e'O;~'~o'o '--'L l F. · ~0~=00 L.F · ~- F0~v0'0"~'L.F. 570.00"L.F. IRRIGATION SUBTOTAL PLANTING & IRRIGATION TOTAL 10% CONTINGBNCy TOTAL 1,265.00'.' 1,500.00 400.00 510.00 60.00 75.00 60.00 12.00 20.00 30.00 35.'00 .42~:00 0~10 0.04 20.00 20'.00 40.00 '6~00 6-'00 6';'00 2.00 1.75 1.25 1.75 1.60 1.40 ~; 1.15 f 1-05 0.90 TOTAL 4ioooLoo 5~145:.00 1,25e., oo 1',540i00 · 612,00 952'.00 ! 364-:. 00 0.. 00' , 0.00 . :900;00 0.00 ,, 150. O0 :, 100~ O0 ' 750; 00' ' '. 0.00 :; 500.00 3,250.00 1;540;00 21,053;00 .:: : 0'. Oo .. 1 ', 500. O0" ~ 400:.00 510;00 60;00 450. O0 120.00 0.00 0..00 180.00 35.00 0;00 0.00 42.00 0.00 0,00 900.00 0~00 0~00 o~oo .~540;00 0.00 860.00 0.00 :112.50 367.50 96..00 392..00 .414..00 1/228.50 513..00 8,720..50 29,773;.50 2,977.35 32,750.85 Bond No. SUR 152974 Premium $295.00 PARKLAND/LANDSCAPE FAITH2FFL PERFORMANCE BOND WI-m.~, the City of Temecula, State of C~lifomia, and Van Daele Rancho 126, Ltd. (hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain parkland Improvements, which said Agreement, dated March 25 19 9__$ and identified as Project siznature Series , is hereby referred to and made a part hereof; and W'I-IF~KEAS, Principal is required under the terms of the Agreement to furnish a bond for the Faithful Performance of the Agreement; NOW, THEREFORE, we the Principal and Golden Eagle Ins ~s~rety, are held and firmly bound unto the City of Temecula, California, in the penal sum of $ 32,751.00 , lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above-bounded Principal, his or its heirs, executors, administrators, successors,' Or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his or their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face mount specified therefor, there shall be included costs and rusonable expenses and fees, including reasonable attomey's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or the work or to the specifications. /// /// /// /// /// /// /// /// /// /// /// /// IN WITNESS ~OF, this instrument has been duly executed by the Principal and Surety above named, on ~ 29, , 1993 . (Seal) (Seal) SURETY Golden Eagle Insurance Ccmpany K. R. Viodes, Attorney-in-Fact (Name) (Tiae) PRINCIPAL Van Daele/Rancho 126, Ltd. A California Limited. Partnership by Executive Vice President gi~e) By: (Na.ule) Critle) APPROVED AS TO FORM: Scott F. Field City Attorney Acknowledgement state of CALIFORNIA County of Riverside SS, [ .......... (This area for official seal) On 3-26-93 before me. Kristi L. Blanchard Personally appeared Patrick J. Van Daele Executive Vice President personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the rnstrument the Person(s), Or the entity upon behalf Of Which the person(S) acted. executed the instrument. WITNESS my hand and official seal. AI'TENTION NOTARY: Although ~he information requested below is OPTIONAL, it could prevent fraudulent offochment ot this ce~ificate to another document THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Number of Pages ~ Date of Document 7T-1100 (1 UgO) Signer(s) Other Than Named Above Certlfics~e of Acknow|ed~emen~ be{Ore me. vicaaria M. Can~Dell. Noi:ar'r Public DersonaUy known co me ~~. to be the .oersonl~ wnose name~l ~ltsuoscnbed to me '.vzthin InsD'umenc and acKnowte3~.M to me r. har. MJYshedJ)E( executed the same in iti/hertrilli aurmorzzM c.-acxt..rod mac by ;-[!l~her/tiiXiXsi~nacureFst on the insc~ment me oetsonl~. ,>r :he encz:7 ,Ion ~en~Lf o( w~ch the oenon(~ a~. ~ ~e m~menc. :.vlII4ESS my h~na and oz~ciat seal. (Seal1 i OFFICIAL SEAL ~ )..VICTORIA M. CAMPBELL q NOTARy PLBLIC - CAL;FORN '~ PRINCIPAL OF,"tCE -N " ~ ORANGE COUNT ~ MY COMMISSION ~PIRES NOV. ~5. 1~E4 (se~) Golden Eagle Insurance Ompany K, R, V~od~.~ CNANm) Attorney-in-Fact Crnla) PRINC~AL van Daele/~ncho 126, Ltd., A Ca, L d~ .~t '7 Partner Patrick J. Van Daele ~ANm) Executive Vice President CrrrL~) By: fNAM~) APPROVED AS TO FORM: Scon F. Field City Attorney CITY OF TElVIECULA Bond No. SUR 15 29 74 Premium included in Performance Bond PARKLAND/LANDSCAPE LABOR AND MATERIALS BOND WIq]=-~, the City 0fTemccula, Stare of California, and Van Daele/Rancho 126, Ltd. , (hereinafter designated as "Principal") have entered into an A~eement whereby Principal agrees to install and complete certain Parkland Improvements, which said Agreement, dated March 25 , 19 93 , and identified as Project Signature Series , is hereby referred to and' made a part hereof; and W'I-~REAS, under the terms of said Agreement, Principal is required before entering upon the performance of the work, to file a good and' sufficient payment bond with the City of Temecula, to secure the claims to which reference is made in Ti~e 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California; and NOW, THEREFORE, we the principal and Golden Eagle InsUraxJ~~ty,Yare held and fu-mly bound unto the City of Temecula, California, and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the aforesaid Agreement and referred to in Tide 15 of the Civil Code, in the penal sum of $16.376 ~ 01Dlawful money of the United States, for materials furnished or labor thereon of any kind, or for mounts due under the Unemployment Insurance Act with respect to such work or labor, that Surety will pay the s:~rne in an mount not exceeding the mount set forth. As a part of the obligation secured hereby and in addition to the face mount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitied to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to ~ve a right of action to them or their assigns in any suk brought upon this bond. If the condition of this bond is fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompany. ing the same shall in anyway affect its obligations on this bond, and it does hereby waive riotic6 of any such changes, extension of time, alteration or addition to the terms of the A~eement or to the work or to the specifications. IN WITNESS WI-~REOF, this instrument has been duly executed by the Principal and Surety above named, on March 29 , 1993 2 Acknowledgement State of CALIFORNIA · ("'"~,~tv~Df Riverside SS. (This area for official seal) On 3-26-93 before me. Kristi L. Blanchard personally appeared Patrick J. Van Daele Executive Vice President personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s] whose name(s] is/are subscribed to the winthin instrument and acknowl- edged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s] on the instrument the person(s). or the entity upon behalf of which the person(s) acted. executed the instrument. WITNESS my hand and official seal. ATTENTION NOTARY: Although the sntormation requested below ~s OPTIONAL, it COuld prevent fraudulent affachment of this certificate to another document THIS CERTIFICATE MUST BE All'ACHED Title or Type of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Number at Pages __Date of Document rr-it00 (11/~K]) Signer(s) Other Than Named Above '~;~Cerrific:x:e of Acknowledgemerit STATE OF CALIFORNIA Count"y .i ~e ,)n March 29, 1993 be'ore me. Vic'aaria M. CanrePel!. :3ersonsjlV ,~o0esr~m K.R. ~/icdes L',locarv Public :er~onatly known co rne h.n..)zvu~k~ U,,,MaJ~")r~ ~- ~'--~-..f...a,~effi~ to be the Oersom'j) whose hamsuM w-.,mw suimscnbed to clme 'v~min ~ns~T~enc snd ,cknowt~ed to me r~at. li/she~xl"jl~ exec~tM the same in iiJ'her/diIi aumo~z~! c-"~v~"l..rod cha~ troy :4Liiher/tXTeliXslf.namreM~ on one insu'amen~ me oenont~. or me enucy ,loon behalf of wnicn one oen'onisl ac:ed..~xecuced the insremenc. (Se~ll q ~ OFFICIAL SEAL J~ q VICTORIA M. CAJP3E :' 4 N0IARY P.~BLiC · CALiFORN'..%j ~ · PRIHCIPAL OF~IL;F_ ,~,1 I~ · QP. ANGE COUNT,. ~1. qf MY COMi',tlSSION EXPIRES NOV'.. 5. 19~4 ~ CITY OF TE~[ECULA PARKLAND/LANDSCAPE WA!~RANTY BOND Bond No. SUR 15 29 74 Prenium included in Perfozmance Bond WI-mrREAS, the'City of Temecula, State of C~]it~omia (hereinafter designated as "City "), and Van Daele/Rancho 126 T.~d.(hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to inst~ll and complete certain designated Parkland Improvements, which said Agreement, dated March 25 19 93 , and identified as Project signature .qe~'tp.~ , is hereby referred to and made a part hereof; and ~S, Principal is required to warranty the work done under the terms of the Agreement for a period of one (1) year following acceptance thereof by City against any defective work or labof done or defective materials furnished, in the mount of ten percent (10%) of the estimated cost of the improvements; NOW, 'IMEREFORE, we the Principal and Golden EaRle Inslj.ra~l~SC~U~~ held and firmly bound unto the City of Temecula, California, in the penal sum of $ 3,276.00 , lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above- bounded Principal, his or its heirs, executors, administrators, successors, or assigns shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their pan, to be kept and performed at the time and in the manner therein specified, and in all respects according to his or their true intent and meaning, and shall indemnify and save harmless the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this obligation shal/be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face mount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and a~'ees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifxcations accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifxcations. 2 Stateof CALIFORNIA On 3-26-93 before me, Kristi L. Blanchard CounW at Riverside }SS. Persona.yappeared Patrick J. Van Daele Executive Vice President (This area for official seal) personally known to me (Or proved to me on the basis of satisfactory evidence) to be the person(s] whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/her/their authorized capacitydes), and that bY his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. WITNESS my hand and official seal. AffENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent aftochment of this cen'ificate to another document THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Number of Pages Date of Document l-r-1100 (11/90) Signer(s) Other Than Named Above Certific~ge of Ack~owtedgemen~ ~'TATE OF CALIFORNIA County of On M~rnh 29, lqql beoreme. ~7:Lc-d:3r.ta M. Cc~mbeLt, Notart Public personally aopeared K, R, ~lic3~t~,~ personally known co me ~. ,~ to be me Oersonl~ whose name~l ts/l:ll suoscnbed to ctte · .vietrio instrument and ack'nowleaged to me thadii/sheXi)~: executed the same ,n ~,/her/~aumonzeO c'40am.~c,~q. Jztd chat by :-i4.jiher/rJittal:ste.qamret~nn the instrm~e~t me oersom~. or :he enuL'? uoon t}entlfo(-nich the oemnl~R acted. ~..,cecuted the mswamenc. :.vIT"~JF_~S my hand and official seal. ~ OFFICIAL SEAL VICTORIA M. CAMPBELL NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN { ORANGE COUNTY I COMMISSION EXPIRES NOV. 25. 1994 ! GOLDEN EAGLE iNSURANCE CDqPANY EXEOJTIVE OFFICES San Diego, Cat ifornia PO~R OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the Golden Eagle Insurance Company, a Corporation duly organized and existing under the Laws of the State of California, having its principal office in the City of San Diego, California does hereby nominate, constitute and aiDpoint: ..... >K.R. VIOOES< ..... its true and '.awful agent and attorney-in-fact, to make, execute, sea'` and deliver for and on its behalf as surety, bentie, consents of surety, and undertakings in suretyship for ONE MILLION FiVE HUNDRED THOUSAND DOLLARS (Sl,5OO,OOO.OO). This power o~ attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Golden Eagle Insurance Company at a meeting duly called and held on April 10, 1984 which said Resolution has not been amended or rescinded and of which the following is a true, full and complete copy. "RESOLVED: That the President or Secretarymay from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove.such Attorneys-In-Fact and revoke the Po~er of Attorney given him or her; and be it further . "RESOLVED:. That the Attorneys-In-Fact may be given fut t power to execute for and in the name of and on behalf of 'the Company any and all bonds and urxjertakings as the business of the Company may require. and any such bonds or undertakings executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN ~[TNESS WHEREOF, the said .Golden Eagle Insurance Company has caused these presents to be executed by its officer, with its corporate seal affixed. This 1st day of January, 1993, GOLDEN EAGLE INSURANCE CGHPAN~ WILLIAM B. RIPPEE, PRESIDENT/~/1~ '~C State of California ) County of S~ Diego On this 1st day o+ January, 19g~, before me, the undersigned, a Notary Public in and for said County and State, personally appeared ~iLtiam B. Ripped, personally known to ma, (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nomes is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized .capacitylies), and that by his/her/their signature(s) on the instrurnent the person(s) or the entit on behalf of which the person(s) acted, executed the instrument. Uitness my hand and official sea~~}~, LynnenoRcsMcDonold Z ~' $ANDIEGOCO4JNTY "'~,L"~NNE~ MCDONALD, NOTARY PUBLIC (Seal) I the undersigned, Larry G. Mabeeo Secretary of the Golden Eagle insurance Company, do hereby certify that the original PO~ER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN ~ITNESS WHEREOF, ~ have hereunto subscribed my name as Secretary. and affixed~eaL of the Corporation, this 29t. h day of iv~Ch , 19 93 . By: LARRY G. MABEE, Secretary IN WITNESS WI-mREOF, this instrument haS been duly executed by the Principal and Surety above named, on l~-ch 29. , 1993. (Seal) (Seal) SUR.~TY Golden Eagle Insurance Ccmpany K. R. Viodes (Title) PRINCIPAL Van Daele/Rancho 126, Ltd., A California Limited Partnership, by Van Daele Development Patrick J. Van Daele (Name) (Title) By: APPROVED AS TO FORM: (Title) SCOTT F. City Attorney ITEM NO. 3 APPROVAL CITY ATTORNEY I~ FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: BOARD OF DIRECTORS FROM: DAVID F. DIXON DATE: MAY 11, 1993 SUBJECT: ACCEPTANCE OF AGREEMENT AND BONDS TO IMPROVE NEIGHBORHOOD PARK SITE - THE PRESLEY COMPANIES OF SAN DIEGO. PREPARED BY: t~L~-- - i RECOMMENDATION: BERYL YASINOSKY, DEVELOPMENT ASSISTANT That the Board of Directors: Accept the agreement and surety bonds to improve a 9.2 acre neighborhood park within Tract 23267-2 and allow the developer to obtain an additional fifty-two (52) building permits. DISCUSSION: On September 30, 1991, the Presley Companies of San Diego entered into an agreement with the Temecula Community Services District (TCSD) to develop a 9.2 acre neighborhood park prior to the issuance of the 50th building permit for Tract Nos. 23267-1,2, and 3. However, the park is currently under construction and the developer has requested building permits that will surpass that limit. To address this request, staff has required that The Presley Company of San Diego enter into an agreement with the City to complete the park by June 30, 1993. The developer has also provided surety bonds, based upon the certified construction cost estimate, from The American Insurance Company as follows: 1. Faithful Performance Bond No. 111 1925 7738, in the amount of 9252,240.00. 2. Labor and Materials Bond No. 111 1925 7738, in the amount of $126,120.00. 3. Parkland Warranty Bond No. 111 1925 7738-M, in the amount ofe$25,224.00. la'agcndasXPre4~ey. Agn O42793 The bonds will be retained until final acceptance of the park site is completed. Staff will then recommend to the Board of Directors to authorize the reduction or release of the bonds. The net result of this action will not delay the construction of the park. The improvements are bonded and will be installed by June 30, 1993. FISCAL IMPACT: Cost of the construction of this park will be borne by the developer. Operation and maintenance costs will be included in the FY 1993-94 budget. ATTACH M ENTS: Site/location map. Copies of Bonds and Agreement. Original Agreement dated 9/30/91. la~emtas~Pr~ey.A~n ~793 ~ rJ z n" CITY OF TEMECULA' PARKLAND / LANDSCAPE IMPRO~NT AGREEM'F~NT DATE OF AGI~h-':!h'rM~NT: April 12, 1993 N~' OF SUBDIVIDER: The Presley Companies (Referred to as "SUBDIVIDER") NAME OF SUBDMSION: (Referred to as "SUBDIVIDER") TRACT NO.: 23267 and 26861 TENTATIVE MAP RESOLUIION OF APPROVAL NO.: (Referred to as "Resolution of Approval") PARKLAND IMPROVElV~-NT PLANS NO.: (Referred to as "Resolution of Approval") ESTIMATED TOTAL COST OF PARKLAND INIPROVEM2ENTS: $ 252,240.00 COMPLETION DATE: June 30, 1993 NAME OF SURETY AND BOND NO. FOR LABOR AND MATERIALS BOND: The American Insurance Co. - 111 1925 7738 NAME OF SURETY AND BOND NO. FOR FAITHFI,~ PERFORMANCE BOND: The American Insurance Co. - 111 1925 7738 NAiVIE OF SURETY AND BOND NO. FOR WARRANTY BOND: The American Insurance Co. - 111 1925 7738-M File: P.:XCorr,~r~_enciicOeO This Agreement is made and entered into by and between the City of Temecula, California, a Municipal Corporation of the State of California, hereinafter referreel to as CITY, and the SUBDIVIDF_.R. A. SUBDIVIDF_.R has presented to CITY for approval and recordation, a final subdivision map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State of California and the CITY ordinances and regulations relating to the filing, approval and recordation of subdivision maps. The Subdivision Map Act and the CITY ordinances and regulations relating to the f~ing, approval and recordation of subdivision maps are collectively referred to in this Agt'eement as the "Subdivision Laws." B. A tentative map of the SUBDIVISION has been approved, subject to the Subdivision Laws and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on f~e in the Office of the City Clerk and is incorporated into this Agreement by reference. C. SUBDIVIDF. R is required as a condition of the approval of the tentative map that the Parkland Improvement plans must be completed, in compliance with City standards, by the Completion Date. The Subdivision Laws establish as a condition precedent to the approval of a final map, that the SUBDIVIDER has entered into a secured Agreement with the CITY to complete the Parkland/Landscape Improvement Plans within the Completion Date. D. In consideration of approval of a final map for the SUBDMSION by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby promises to install and complete, at SUBDIVIDER'S own expense, all the Parkland/Landscape Improvement work required by City in connection with proposed subdivision. Subdivider has secured this agreement by Parkland/Landscaping Improvement Security required by the Subdivision Laws File: R:\ConnelrV~andsepag ~_ and approved by the City Attorney. The. term "Parkland" includes landscape areas intended to be maintained by the Temecuh Community Services District. E. Complete Parkland/Landscape Impwvement Plans for the construction, installation and completion of the Parkland Impwvements have been prepared by SUBDM DER and appwved by the Director of Community Services. The Parkland Improvement Plans numbered as referenced previously in this Agreement are on file in the Office of the Director of Community Services and are incorporated into this Agreement by this reference. All references .. in this Agreement to the Parkland Improvement Plans shall include reference to any specifications for the Improvements as approved by the Director of Community Services. F. An estimate of the cost for construction of the Parkland Impwvements according to the Improvement Plans has been made and appwved by the Director of Community Services. The estimated amount is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. G. The CITY has adopted standards for the construction and installation of Parkland/Landscape Improvements within the CITY. The Parkland/Landscape Improvement Plans have been prepared in conformante with the CITY standards, (in effect on the date of approval of the Resolution of Appwval). H. SUBDIVIDER recognizes that by approval of the final map for SUBDIVISION, CITY has conferred substantial fights upon SUBDIVIDER, including the fight to sell, lease, or finance lots within the SUBDIVISION, and has taken the final act necessary to subdivide the property within the SUBDM SION. As a result, CITY will be damaged to the extent of the cost of installation of the Parkland/Landscape Improvements by SUBDIVIDER'S failure to perform its obligations under this Agreement, including, but not limited to, SUBDIVIDER'S obligation to complete construction of Parkland/Landscape Improvements by the Completion Date. CITY File: R:~Connelr~Laendlcplg shall be entitled to all remedies available to it pursuant to this Agreement and the Subdivision Laws in the event of a .default by SUBDIVIDER. It is specifically recognized that the determination of whether a reversion to acreage or rescission of the SUBDM SION constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole discretion of NOW, THEREFORE, in consideration of the approval and recordation by the City Council of the final map of the SUBDM SION, SUBDIVIDER and CITY agree as follows; 1. SUBDIVIDER'S Obli~,ations to Construct ParEand/Landscape Improvements. SUBDIVIDER Shall: a. Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the Subdivision Laws. b. Complete by the time established in Section 20 of this Agreement and at SUBDIVIDER'S own expense, all the Parkland/Landscape Improvement Work required on the Tentative Map and Resolution of Approval in conformance with the Parkland Improvement Plans and the CITY standards: c. Furnish the necessary materials for completion of the Parkland Improvements in conformity with the Parkland Improvement Plans and CITY standards. d. Except for easements or other interests in real property to be dedicated to the homeowners association of the SUBDIVISION, acquire and dedicate, or pay the cost of acquisition by CITY, of all fights-of-way, easements and other interests in real property for construction or installation of the Parkland/Landscape Improvements, .free and clear of all liens and File: R:\Conndr~Lmnd~lcpmg 4 · , encumbrances for the SUBDIVIDER'S obligations with regard to acquisition by CITY of off-site rights-of-way, easements and other interests in real property shall be subject to a separate Agreement between SUBDIVIDER and CITY. .2. Acquisition and Dedication of Easements or Rights-of-Way. If any of the Parkland/Landscape Improvements and land development work contemplated by this Agreement are to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced before: a. The offer of dedication to CITY or appropriate rights-of-way, easements or other interest in real property, and appropriate authorization from the prope_rty owner to allow construction or installation of the Improvements or work, or b. The dedication to, and acceptance by, the CITY of appropriate rights-of-way, easements or other interests in real property, and approved by the Department of Public Works, as determined by the Director of Community Services. c. The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of .possession. SUBDIVIDER shah comply in all respects with order of possession. Nothing in this Section 2 shah be construed as authorizing or granting an extension of time to SUBDIVIDER. 3. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER'S performance of this Agreement by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows: File: R:~Connelr~Lendscpag 5 a, improvements in and amount of 100% Parkland/Landscape Improvements; and b. to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor materials for Parkland/Landscape Improvements required to be constructed or installed pursuant to this Agreement in the additional amount of 50 % of the estimated cost of the Improvements; and c. to guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by CITY against any defective work or labor done or defective materials furnished in the additional amount of 10% of the estimated cost of the Parkland Improvements. The securities required by this Agreement shall be kept on f'de with .the City Clerk. The terms of the security documents referenced on Page 1 of this Agreement are incorporated into this Agreement by this Reference. If any security is replaced by another approved security, the replacement shall be filed with the City Clerk and, upon f'ding, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released. 4. Alterations to Parkland Improvement Plans. a. Any changes, alterations or additions to the Parkland/Landscape Improvement Plans and specifications or to the improvements, not exceeding 10 % of the original estimated cost fithe improvement, which are mutually agreed upon by the CITY and SUBDIVIDE, shah not relieve the improvement security given for faithful performance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the to assure faithful performance of this Agreement in regard to said of the estimated cost of the File: R:~,Connetr'd.,~ndscpeg 6 @ improvement, SUBDIVIDER shall provide improvement security for faithful performance as required by Paragraph 3 of this Agreement for 100% of the total estimated cost of the impwvement as changed, altered, or mended, minus any completed partial releases allowed by Paragraph 6 of this Agreement. b. The SUBDIVIDER shall construct the Parkland Improvements in accordance with the CITY Standards in effect at the time of adoption of the Resolution of Approval. CITY reserves the right to modify the standards applicable to the SUBDIVISION and this Agreement, when necessary to protect the public health, safety or welfare or comply with applicable State or federal law or CITY. zoning ordinances. If SUBDIVIDER requests and is granted an extension of time for completion of the improvements, CITY may apply the standards in effect at the time of the extension. Inspection and Maintenance Period. a. SUBDIVIDER shall obtain City inspection of the Parkland/Landscape Improvements in accordance with the City standards in effect at the time of adoption of the Resolution of Approval. SUBDIVIDER shall at all times maintain proper facilities and safe access for inspection of the Parkland Improvements by CITY inspectors and to the shops wherein any work is in preparation. Upon completion of the work the SUBDIVIDER may request a f'mal inspection by the Director of Community Services, or the Director of Community Service's authorized representative. If the Director of Community Services, or the designated representative, determine that the work has been completed in accordance with this Agreement, then the Director of Community File: R:\Conndr\Landecpmg 7 Services shall certify the completion of the Parkland/Landscape Improvements to the Board of Directors. b: SUBDIVIDER shall continue to maintain the Parkland/Landscape Improvements for ninety (90) days after they have been certified completed. No improvements shall be finally accepted unless the maintenance period has expired, and all aspects of the work have been inspected and determined to have been completed in accordance with the Parkland/Landscape Improvement Plans and CITY standards. certification. Release of Securities. SUBDIVIDER shall bear all costs of. inspection and Subject to approval by the Board of Directors of the Community Services District of.the CITY, the securities required by this Agreement shall be released as follows: a. Security given for faithful performance of any act, obligation, work or Agreement shall be released upon the expiration of the maintenance period and the final completion and acceptance of the act or work, subject to the provisions of subsection (b) hereof. b. The Director of Community Services may release a portion of the security given for faithful performance of improvement work as the Parkland Improvement progresses upon application therefore by the SUBDIVIDER; provided, however, that no such release shall be for an amount less that 25 % of the total Parkland Improvement Security given for faithful performance of the improvement work and that the security shall not be reduced to an amount less than 50 % of the total Landscape/Parkland Improvement Security given for faithful performance until expiration of the maintenance period and fmal completion and File: R:XConnelrXL~ndHp~g 8 acceptance of the improvement work. In no event shall the Director of Community Services authorize a release of the Parkland/Landscape Improvement Security which would reduce such security to an mount below that required to guarantee the completion of the improvement work and any other obligation imposed by this Agreement. c. Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, six months after the completion and acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom lien have been fried and of which notice has been given to the legishfive body, plus an mount reasonably determined by the Director of Community Services to be required to assure the performance of any other obligations secured by the Security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. d. No security given for the guarantee or warranty of work. shall be released until the expiration of the warranty period and until any claims fried during the warranty period have been settled. As provided in paragraph 10, the warranty period shall not commence 'until final acceptance of all work and improvements by the City Council. e. The CITY may retain from any security released, and mount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees. File: R:\Conr~t\Land$cpl~ 9 7. Injury to Public Improvements. Public Property or Public Utilities Facilities. SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged or destroyed by reason of any work done under this Agreement. SUBDIVIDER shall bear the entire cost of replacment or repairs of any and all public property on public utility property damaged or destroyed by reason of any work done. Under this agreement whether such property is owned by the United States or any agency thereof, or the : State of California, or any agency or political subdivision thereof, or by the CITY or any public or private utility corporation or by any combination or such owners. Any repair or replacement shah be to the satisfactio_n, and subject to the approval, of the City Engineer. 8. Permits. SUBDIVIDER shall, at SUBDIVIDER"S expense, obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law. 9. Default of SUBDIVIDER. a. Default of SUBDIVIDER shall include, but not be limited to, SUBDIVIDER'S failure to timely commence construction pursuant to this Agreement; SUBDIVIDER'S failure to timely complete construction of the Parkland/Landscape Improvements; SUBDIVIDER'S failure to timely cure any defect in the Parkland/Landscape Improvements; SUBDIVIDER'S failure to perform substantial construction work for a period of 20 calendar days after commencement of the work; SUBDIVIDER'S insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within thirty (30) days; the commencement of a foreclosure action against the SUBDIVISION or a portion Fite: R:~Connelr\Landscpilg ]0 thereof, or any conveyance in lieu or in avoidance of foreclosure; or SUBDIVIDER's failure to perform any other obligation under this Agreement. b. The CITY reserves to itseft all remedies available to it at law or in equity for breach of SUBDIVIDER's obligations under this Agreement. The CITY shall have the right, subject to this section, to draw upon or utilize the appropriate security to mitigate CITY damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of Parkland/Landscape Improvements and, therefore, CITY damages for SUBDIVIDER'S default shah be measured by the cost of completing the required improvements. The sums provided by the improvement security may be used by CITY for the completion of the Parkland/Landscape Improvements in accordance with the Parkland/Landscape Improvement Plans and specifications contained herein. In the event of SUBDIVIDER'S default under this Agreement, SUBDIVIDER authorizes CITY to perform such obligation twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER'S Surety, and agrees to pay the entire cost of such performance by CITY. CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER, and SUBDIVIDER'S Surety shall be liable to CITY for any excess cost or damages occasioneLi CITY thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in File: Ft:\Connelrxl.andtcDag ]. 1 completing the work, such materials, appliances, plant and other property belonging to SUBDIVIDER as may be on the site of the work and necessary for performance of the work. c. Failure of SUBDIVIDER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of a notice of violation against all the lots in the SUBDM SION, or to rescind the approval or otherwise revert the SUBDIVISION to acreage. The remedy provided by this Subsection C is in addition to and not in lieu of other remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER'S breach shall be in the discretion of CITY. d. In the event that SUBDIVIDER fails to perform any obligation hemunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including costs of suit and reasonable attorney's fees. e. The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shah not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER. 10. Warranty. SUBDIVIDER shall guarantee or warranty the work done pursuant to this Agreement for a period of one year after expiration of the maintenance period and final acceptance by the City Council of the work and improvements against any defective work or labor done or defective materials furnished. Where Parkland/Landscape Improvements are to be constructed in phases or sections, the one year warranty period shall commence after City acceptance of the last completed improvement. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, constructed or File: R:\Connelr\Land~cpag 12 caused to be done, furnished, installed or constructed by SUBDIVIDER fails to fulfill any of the requirements of this Agreement or the Parkland/Landscape Improvement Plans and specifications referred to herein, SUBDIVIDER shall without dehy and without any cost to CITY, repair' or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should SUBDIVIDER fail to act promp~y or in accordance with this requirement, SUBDIVIDER hereby authorizes CITY, at CITY option, to perform the work twenty days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER's Surety and agrees to pay the cost of such work by CITY. Should CITY determine that an urgency requires repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, in its sole discretion, make the neg_essary repairs or replacements or perform the necessary work and SUBDIVIDER shall pay to CI.~ the cost of such repairs. 11. SUBDIVIDER Not Agent of CITY. Neither SUBDIVIDER nor any of SUBDIVIDER'S agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER'S obligations under this Agreement. 12. Injury to Work. Until such time as the Parkland/Landscape Improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. 13. Other Agreements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreement with other subdividers for the apportionment of costs File: R:\Connelr\Landscpq 13 of water and sewer mains, or other improvements, pursuant to the provisions of the CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment. 14. SUBDIVIDER'S Obligation to Warn Public Durine Construction. Until final acceptance of the Parkland Improvements, SUBDIVIDER shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take aH reasonable actions to protect the public from such dangerous condition. 15. Vesting of Ownership. Upon acceptance of work on behalf of CITY and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY. 16. Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by the City Council upon recommendation of the Director of Community Services after final completion and inspection of all Parkland/Landscape Improvements. The Board of Directors shall act upon the Director of Community Services recommendations within thirty (30) days from the date the Director of Community Services certifies that the work has f'maHy completed, as provided in Paragraph 5. Such acceptance shall not constitute a waiver of defects by CITY. 17. Indemnity/Hold Harmless. CITY or any officer or employee thereof shah not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents or employees in the performance of this Agreement. SUBDIVIDER further agrees to protect and hold harmless CITY, its officials and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions or SUBDIVIDER, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, t/ File: R:\Connelr%Llndl~cpl~O ]. 4 in whole or in part, the design or construction of the Parkland/Landscape Improvements. This indemnification and Agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of the Parkland/Landscape Improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. Acceptance of any of the Parkland/Landscape Improvements shall not constitute any assumption by the CITY of any responsibility for any damage or taking :. covered by this paragraph. CITY shall not be responsible for the design or construction of the Parkland/Landscape Improvements pursuant to the approved Parkland/Landscape Improvement Plans, regardless of any .negligent action or inaction taken by the CITY in approving the plans, unless the particular improvement design was specifically required by CITY over written objection by SUBDIVIDER submitted to the Director of Community Services before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. After acceptance of the Parkland/Landscape Improvements, the SUBDIVIDER shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect, however, SUBDIVIDER shall not be responsible for routine maintenance. Provisions of this paragraph shall remain in full force and effect for ten years following the acceptance by the CITY of Parkland/Landscape Improvements. It is the intent of this section that SUBDIVIDER shall be responsible for all liability for design and construction of the Parkland/Landscape Improvements installed or work done pursuant to this Agreement and that CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. The improvement security shall not be Fite: R:\Connelr\Landscp~G ] 5 required to cover the provision of this paragraph. 18. Sale or Disposition of SUBDIVISION. Sale or other disposition of this property will not relieve SUBDIVIDER from the obligations set forth herein. ff SUBDIVIDER sells the property or any portion of the property within the SUBDM SION to any other person, the SUBDIVIDER may request a novadon of this Agreement and a substitution of security. Upon approval of the novadon and substitution of securities, the SUBDIVIDER may request a release or reduction of the securities required by this Agreement. Nothing in the novadon shall relieve the SUBDIVIDER of the obligations under Paragraph 17 for the work or improvement done by SUBDIVIDER. 19. 20. Time of the Essence. Time is of the essence of this Agreement. Time for Completion of Work Extensions. SUBDIVIDER shall complete June 30, 1993 construction of the improvements required by this Agreement no later than · In the event good cause exists as determined by the City Engineer, and if otherwise permitted under the tentative map condition, the time for completion of the improvements hereunder may be extended. The extension shall be made by writing executed by the Director of Community Services. Any such extension may be granted without notice to SUBDIVIDER'S Surety and shall not affect the validity of this Agreement or release the Surety or Sureties on any security given for this Agreement. The Director of Community Services shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, or by an act of God, which SUBDIVIDER could not have reasonably foreseen, or by storm or inclement weather which prevents the conducting of work, or by strikes, boycotts, similar actions by employees or labor organizations, which prevent the conducting or work, and which were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for File: R:XConnelr\Llndlcplg , ] 6 an extension of time for completion. As a condition of such extension, the Director of Community Services may require SUBDIVIDER to furnish new security guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the Director of Community Services. 21. No Vesting of Rights. Performance by SUBDIVIDF_,R of this Agreement shall not be construed to vest SUBDIVIDF. R'S rights with respect to any change in any change in any zoning or building law or ordinance. 22. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, ff mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is fred with the City: Notice to CITY: City Clerk City of Temecula 43174 Business Park Drive Temecula, California 92390 Notice to SUBDMDER: The Presley Companies 15090 Avenue of Science #201 San Diego, CA 92128 Attn: Project Manager 23. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. File: R:\Connelr\Land~cpaO 17 24. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. 25. Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this contract, the prevailing party shall be enti~ed to litigation costs and reasonable attomey's fees. 26. Incorporation of Recitals. The recitals to this agreement are hereby incorporated into the terms of this agreement. 27. Entire Am'cement. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representative of the paxties. In the case of the CITY, the appropriate party shall be the City Manager. File: R:\Conndr\Landacpag I 8 IN WI'INF3S WI-m-~OF, this Agreement is executed by CITY, by and through its Mayor. The PresleyCompanies SUBDIVIDER By: Nine: Title: By: Name: Title: ~ald P. Nordeman CITY OF TEM~CULA , , By: Senior Vice Presi dent Vice President Mayor ...... . .. .C .P~.p.....per. Notafiz~..tigni0/S_UBDIVIDER'S signature · ,' OF CALIFORNIA } SS. TY OF SAN DIEGO } FOR NOTARIAL STAMP '~/'/o2 '~_~ . before me, Nancy J. Webb, a Noban/ : in and for sasd State, personally appeared Gerald P. Nordeman and John bors, Jr., personally known to me (or proved on the basis of satisfactory ~ce) to be the persons who executed the within instrument as St, Vice dent and Vice President on behalf of the corporet~on therein named and ~wledged to me that such corporation executed the within instrument pursuant bylaws or a resolu~on of its Board of Directors, TNESS THEREOF. I have hereunto set my hand and affixed my official seal, for said County and State, the day and year first above wntten. NANCY ]. WEBB NOTARY PUBLIC- CAUF~O~NIA ', Dinmission e~4U ' APPROVED A5 'lu By: ~ ~ ScoR 1::. Field City ARomey File: R:~Conner~d..,m'~xll.=~ 19 ':ATTACHMENT !-'A" ~AII-WOO~0NEIGI-IBORHOOD PARK B REVIS~-D APRIL 1, ]~J3 uNrr SUB-. ITEM QTY. UNIT PRICE TOTAL CONSTRUCTION Conactc walk 2830 Play toys (turfriders) · 1 and Play structure Concrete grade beam · 325 LF Picnic table 3 HA Trash receptacle I HA Tot lot clraln:~ge/subgrack: 1 ALLOW Drinking fountain I HA Sub-total IRRIGATION Turf gear rotor 196 EA Tuff pop-up 9 EA Shrub pop-up 94 EA Shrub spray- Hunter 251 EA Shrub spray - Toro 85 EA - Water meter - 2' 1 EA Point of conne.~xion i ALLOW Reduced pre. a.mre backflow preventer- 2' I EA Ball valve - 2-1/2' 4 EA Antomafic controller 1 HA 32stn. Antomatic conlxoHer 1 EA 8 stn. Remote control valve 7 F.~ . - 3/4' Remote con~-ol valve 16 EA 11 .... Remote control valve 8 EA 14/4' SF 2.7O. 7,640.00 AILOW 37,000.00 37,000.00 15.60 5,070.00 955.00 2,870.00 530.00 530.00 1,800.00 1,800.00 1,500.00 1.500.00 19.00 3,720.00 5.60. 50.00 2820 2,650.00 15.90 3,990.00 4.30 370.00 80.00 80.00 660.00 660.00 200.00 800.t30 3,000.00 3,000.00 250.00 1,750.00 31M.00 4,860.00 307.00 2,460.00 TOTAL $ 56,410.00 E00'39Ud 3NIfiaI NUIOla3d MO~d 9l:tl ~6, 63 OPr~ley of San Diego Vailwood Neighborhood Park B Ap~ 1, 1993 Page Two UNIT SUB- PRICE TOTAL TOTAL Remote control valve 17 1-112' Pressure reducing valve 1 Quick coupler valve 5 3/4' Valve boxe~ 45 · PVC CL 315 malnllne 2,450 24/2' PVC CL 315 11/2' 540 PVC SCH 40 lateral line 4,470 OPVC SCH 40 lateral line 5,380 3/4- PVC SCH 40 lateral line 4,430 PVC SCH 40 lateral line 1,740 i-W4' PVC SCH 40 lateral line 695 i-x/2' PVC SCH 40 lateral lhae 940 2' PVC SCH 40 lateral line 260 2-W2' Trenching/bacldill 17,910 12' deep Trenching/back~ll 2,.090 18' deep Control wiring 22,200 Sub-total PIANTING Soft prep./~ne grade Hydroseeded turf Rooted groundcover Hydroseed groundcover aOO'39~d 423,140 260,000 109,420 53,720 SF SF SF SF ~NIASI 19.00 860.00 Z75 6,740.00 250 1,350.00 .22 980.00 28 1.500.00 34 1,500.00 .42 730.00 .48 330.00 .62 580.00 1.25 ' 330.00 30 5,370.00 33 990.00 .08 L780.00 .08 33,850.00 .04 10,40{t00 aO 21,g80.00 .04 2,150.00 $ 57,3io.oo NUI~ISBd WOHd il:[l 88, 6~ 8d~ Presley of San DieEo Vailwood Neighborhood Park B Aprfd 1, 1993 Page Three TOTAL Redwood header 1,530 LF 1.30 .15 gallon trees 61 EA 50.00 Transpla_nted trees* 55 EA 350.00 5 gallon shrubs 502 EA 10.00 120 day m~intenanee 1 ALLOW 18,000.00 Sub-total SUB-TOTAL 10% CONTINGENCY TOTAL 1,990.00 3,050-00 ~9,2S0.00 s,.o'/.o.oo 18.000.00 *Note: Price for trnn~plantcd trees/shrubs Igr ,Southwest Growers' bid 6/30/92 (tree spade method). $115.590.00 S229,930.00 22,310.00 $252,240.00 VOO'39Ud '3NI~l NUIaI~3d /_I:[I CITY_ OF TEM. ECL%~ Bond #111 1925 7738 Premium: $2,270.00 PARKL.~kND/LAINDS CAP~ FAITHFUL PER.FOP,!VIANCE BOND WHEREAS, the City of Temecul~, SIam of Cal~rn~. and THE PRESLEY C0M~ANIES (hemirmlt~r ticsignaled as "Principal") have ente.-'ed in:o an A~r~emen~ wrlcn:by Principal agrees :o hisroll and comple|e c~.-mia park-l~-d Improvements, which said Agr~ment, dat~d April 12, 19!2 and idunti.fie~d a~ Project 23267 and 26861 . i., hcr,:by r~ferm, d to and mad~ a pan hereof; Nf,'F~--REAS, Principal is ."equired under the terms of the Agn~ment to fiu-nish a bond for the Faitht~l Peffbrrn, ance of the THE AMERICAN INSURANCE NOW, TKERF~ORE, we th~ Principal and COMPANY . as surety, ~re held and firmly bound unt~ ~he. Cky of Temecula, CalLfotnia, h~ tt~c pe.n~ sum of S 252,240. oo lawfill money of tht~ U~texi States, for r. he payment of Such sum well and t.,'u!y ~0 be made, we bind ourselves, our hcin, succe.~30rs, ~xecutors aria administrators, jointly ane severally. The coadi~n of ~his obligation is such ~hat the oblig-..lion ~hall become null and void if the aoove-boundcd Principal. ~3 or i;~. hein, executors. ac[miais~mkor3, successors, or assignS, shall m all zhings stand to, abide by, well and truiy keep, ---nd pcrfomn the covehams, conditions, and provisions in the A~reement and any a/tendon mereof made ~ :ber~,in pwvided, on his or their part, to be kep~ and performed at the time and in tim manner '2:erein specified, and in respects according to his or their true intcn; and meaning, and .shall indemni/y and save harmless the City. cf Tcmecula, its offm~-rs, agents, and employeea, as therein sUputated; otherwise, obligation shall be and remain in full force and effect. As a part of the obligation secm'ed hereby and ~ addition ;o the face ,",mount specified therefor, there shall be included costs and ;ua;sonablo expenses and fees, including re. asouaUle at~omey's fees, incurred by City in successfully e.nlorciag such obligation, all to be u. xcd as cosr. s 'arzd included iu any judgemeat The surct.v hereby stip,.z]atcs and agrees that r~o change, extension of time, aJte-ratiosx or addition to the terms of the Agreemere or to th~ work to be pe~ormed thez'euuder or the slDecilicatio.~ms accompanying me same shall in -:royway affect its ob.Ligations o$x this bond. and it do~ hereby waive notice o~' any suc.h, cha~..ge, extension of Time, alteration or addition to ~l~e term~ o~' ~e Agre-~men! or ~he work or to the specLqcations. /// /// /// /// /// /// /// /// /// IN WITNESS WEEREOF, U'fis msu'nmem ~ been duly cxecmed by tim P~cip~ ~d above nm~, o~ April 8, , 19 93. (S~t) (~) THE AMERICAN INSURANCE COMPANY VTO, TORTA ~, 0AN"PR*F..T.T. ATTORNEY- TN-FACT Cez'~caze of Acknowledgemeni* 91:U CI AL THE PRESLEY COMPANIES STATE OF CALIFORNIA County of Or~ngP On Cnaily appeared ADril 8, 1993 before me. Katb_leen Viodes, Victoria M. Campbell Notary Public personally known to me (. . ' ..... to be the persons) whose name(x) is~m subscribed to the within instrument and acknowledged to me thaOffe/sh~AB, executed the same in Xl~her/fft~ authormeal capac:tyi4m~ and that by ~fiK/her/1}h]~ slgnature~,!q on the instrument the person ,t~), or the entity upon behalf of which the netson x) acted. executed the instrument. WITNESS my hand and official seal. Signature .) ;60772-6-9 1 !,J.L2~?~ OFFICIAL SEAL i. KATHLEEN VIODES ~::..?_-~,'.}~] :,' I'i0TARY PUI]LIC · CALIFORNIAi O~ANGE COUNTY MY CO~,-;MISSIDN EXPIRES MAY 4, 1994 STATE OF CALIF RNIA COUNTY OF an Die o ~~D_~ lss. On said State, DersonaUy apOeare JOh/'l -,before me, the under · J"] ' ~abors s#gned ~ , , a Notary Public in and for 0. ,,. ,..,. o, ..,,.. o lhe within rostrum e(a) is/aresub. .~lshe/they executed the same. to me that ~~ ~ · ,*TN~SS my ~an~ ~nO officiaJ seal C (T~is ~r~ for official IN WTI'N~S WHBRBQF, mis insre, mere has bccn duly executed by ttx~ Principal and above named, on April 8, 93. SURETf THE AMERICAN INSURANCE COMPANY VTC. TORTA M, CAKPRF. T,T, ATTORNEY- IN-FACT PRINCIPAL THE PKESLEY COMPANIES (Title') APPRO~ AS TO FOl~'~l: Scott F. Field City Armracy (Name) Critic) 3 CITY. OF 77~l~r~CLrLA P-~K2-,~NDILANDSCAp~ LABOR AND MATIKRIA~-q 20ND Bond #111 1925 7738 Premium included in Performance bond W'IqT:-~S. the Cky of Tem~.cula, State of California, sac TEE PRESLEY COMPANIES : (lmminaf~r d~ign~.ted as "Princ;-pa.l") have entered into an Agreement whereby Principal agr~,es to install and complete c',,rmin P~rkland Improvemcnm, which said Agreement, dated April 12f 19.93, and ki:ntifi~.~l as Pmjc,."r TR ~;23267 and 26861 is horebv referred to and made a parr hereof; and V4',rr~-~S, under the terms of said Agr~.:mcnr, P:incip--,'. is -"equimd before enterrag upon the performance. of lhc work, to fH.* a good and suf~c~n[ paymen~ bond with the C-;ty of Ternecula, to secure the clahns to which mf:mnce is made in Tk[e I~ (comnmncing with Section 3082] of Prr 4 of Division 3 of the Civil Code of the State of CMif0rllja; THE AMERICAN INSURANCE NOW, ~OfLE, ~v~ the principal ~nd coMPAMY ~.s Surety, are held and fiaTn/y bound unto the City of Temec-la, C,~tLfornia, and alI contractors. subcontractom, labor~.r~, matemaim:n, .~-~d other p~.r.~om ~mploycd in the pc:'formance of th~ aforesaid Agre.,~m_-nr and referred [o in Title 15 of me Civil Code, in me penai sum of $126,120. ,0qhwful rnonev of rh~ Urdmd Sm~.es, for mamriai$ furnished or labor thereon of .~ny kind, or for rnount~ du: under :he Unemptoym...n~ ,fnaum.nc~ Ace with res'pec~ to such work or labor, tha~ Sumy will pay the same in an arnoun~ not e, xc~iing rhc amount set forth. As .~ pan of r. Ke obligation secur,-xi hereby and i.n addir. ion m ~ fa. cc ~meun[ sp~c;~d therefor, them shall be inc'-ud~d costs and m~onablc exp~nscs and fees, including re:Lsonable ~tornev's fees. incu~ed by City in succ~sfully enfoming such costs and/.nc/uded in any judgemerit renclcred. it is hereby expressly st/pulale, d and ag1'~l lha,. this bond shall insure to the benefit of any an~ all persons, companies and corpcradons en:iHe, d to f~ic claims under Title 15 (commencin8 with S~-'tion 3082) of Part 4 of. Division 3 of the Civil Code, so as to give a right of act, ion to them or timir assigns in any suil brought upon tb.,is bond. "If the condition of this bond is fully performed, then this obligation ,~hsll become null and void; othc,"wisc, it shall bc and remain in full i~)rc~ and c~ccL The surety. hereby stipulates and ag.,'ccs that no change, c, xtc.nsion of time, alteration o.,' addition ~o the terms of the Agreement or to the work to be pcrforrneci thereunder or the specj.f~cations accon'rp. anying the same.. shall ;m any~vay ~]~cct its obligatio~.s on this bond, and it does hc.-~by ~aive notice of any such changes, :xtcnsion of time, alteration or addition to the terms of ;he Agreement or to the- work o.': co [hc spcci/ications, [N W'ITN,F.,S3 'W'KKREO.i~, this ins~rumen~ has been duly c,~ccu~ec~ by the Principal and Surety tbove named, on April 8, , 19 93 2 THE AMERICAN INSURANCE COMPANY P~C[I:'AL THE PRESLEY COMPANIES STATE OF CALIFORNIA County of Orange 0n April 8, personaily appeared 1993 before me. Kathleen Viodes, Victoria M. Campbell Notary Public WITNESS my hand and official seal. , personally known co me ( ' ' .... Co be me personre) whose nmmerX) is/z~ subscribed :o the within instrument and acKnowiedged to rde chaMM~,she.~ executed the same in Et,'her/Mtdf authorized capaci~[4a~, and thac by -~x~her/~J~ s~naturel s9 on the insmnnenu the person,m), or the enUCy upon behalf of which the person(~ acted. execu:ed the instrument. (Seal) OFFICIAL SEAL (,;{:;2\ KATHLEEN VIODES .... -r.~, "-~ [';;~1P..RY PUBLIC - C.-~LIFOFiNfA.-' ' PRINCIPAL OFFICE IN O~ANGE COUNTY MY C0r.~MISSION EXPIRES MAY 4. 1994 on__A. pr ~ I 9, I 9 9 ~ sa,d State. personally appeared John ,before me, the undersigned, a Nota~ Public in and for Nabors, Jr. personally known to me Ior proved to me oR the basis of satis- tacton/ewdence~ to be the person(s) whose name(s) is/are sub- scribed to the within instrument and acknowledged to me that he/she/they executed the same. WITNESS my hand and official seal. (PC Cornre. #955468 '~ ' S - LIFORNIA (This area for official notarial seal) STj'I~ THE AMERICAN INSURANCE COMPANY VICTORIA M. CAMPBELL ATTORNEY-IN-FACT PP, L~CIPAL THE PRESLEY COMPANIES By: ~~ ~ ~' (1TII By: (NAI~IE) APPROVED AS TO FORM: Scott F. Field City Anom~y 3 PARI~Lr'~..iN'D/LA}~SC.,~pF_ ~NAP, RA~N'I'~' BO~ Bond ~Ill 1925 7738-M Premium included in Perfo~ance bond ~~S, the City of Teme~ m. S[~e of C~ I i fo~a (herein~er designa:=d ~ "City "), ~d ~E P~SLEY C0~IES ~e~ter d~i~amd aa "P~cip~") hav~ :nter~ A~em:n~ %'Imreby PmcipM a~ [o ~s~ ~d complete ccM~ desi~ar~ hnprovements, w~ch s~d A~ment, d=t~ April 12,19~, ~d iden~ as Project TR ~23267 & 26861 , i5 h:~y refe~e~ :0 ~d mad~ ~ p~ hereof; ~~AS, P~cipa i! requ~d ~o waly ~he v~ork don~ under ~tlc Ag~:m:nt for a pe~od of on: (i) y:~ fol]owin~ acz~mnc~ th:roof by City ~:f~:iv~ '~ork Or 'labor don: or d=X~liv~ rn~t~a ~h:d, ~ rhc mnoun[ of (10%) of [he es~imaIed~cosl of [~: ~p~vcmcn[]; THE CO~aKIC~ INSU~CE NOW, ~O~, we Ihe ~cipal ~d a as su~y, am held ~d f~ly bound un~o th~ City of T~m~a~, Ct~mia, in [h~ pcn~ ium of S 25,22~. 00 ~w~d[ money of ~he Unit~ Smt:~, for ~ke payment of such sum w~]] ~nd ~ly ~o b: mad:, bind oura:!v:a. our h~z. succciso~, axialors and adm~su~rors, jointly and saveally. condiXon of tt~s ob~gauon is such ~hat E~: ob~[~n sh~ becom~ nu~ ad void if bound~ P~cip~, iB or ill ~irs, executors. adnm~u~[ors, successor, or as~gns sh~l ~ sa~ 1o, abide by, weil ~d :rely k~p, ~d pc~oa me coven~ts, conditions, and provisions in lh~ Agre~ent ad ~y ~t~mlion lhe~' ma~ as ~her~m provided, on p~, ~obc k~[ ad p~ffoa~ a[ lh: ~e ~d ~ the maer ther~ sp~l~d, and ~he City of Temecu~, SIs officc~, agenl~, ~d :mploy~s, as th:~m stipulated; ozhe~i~, obJjgation shaJ.[ be -:rod r~main in full fore,, and ef-fec~. As a part of the obtigadon secured h.-reby and in addition ro tile face mount speci~'i~d therefor, there shall be included c,ssts and reasonable expenses anct fees, including reasonable atlomey's fe~, i~xcurred by City in successfully enforcing such obligar. ion, all to be taxed ~ costs and hxcluded in any judg~mcnt rendered. 'The surevy hereby sripulalcs and agrees That no change, extension of/i-~ne, ~tention or addition to the :erms of ~:he Agr~znexn Or to the work to be peM~rmed ;h~xcundcr or ',he 5pccificarion~ ac:smpanyin~ the same shaJ.[ in anyway aff~cz its olsl-:.nticms on ~.t~i~ bond, and i~ does hereby waive nodco, of any such c,hanl~--, extc, nsion of rime, aJtemti~,n or nddi~ion ~o the znrms' sf ~he Agre;ment or ',o ~he work or ;o the sptcijScations. IN W1TN'ESS ~OF, this instrument has be~n duly executed by ~e Principat and Sure~y above nmed, on April 8, , lg 93 (Seal) SUR.BTY THE AMERICAN By: INS~CE COM~ANY STATE OF CALZFORNIA County of Or~nq~ Ce~j~ca~:e o~ Acknowledgemen~~'r'L 0n April 8, Pemonally appeared 1993 PIUNC~AL TEE PRESLEY COMPANIES bdoreme. Kathleen Viedes, Notary Public Victoria M. CamVbell STATE OF CALIF. RNIA . COUNTY OF ~a~n Diego On Apr~ ] 9, ] 993 .beforeme, theundersigned, a Notary public in and for said State, Personally aDPeared JOhIl H. Nabor~, Jr. Personally known to me (or proved to me on the basis of satis- factory evidence) to be the Derson(s) whose name(s) is/are sub- scribed to the within instrument and acknowledged to me that he/she/they executed the same. 'NESS my hand and official seal. iusan Uzabe~h Bowers! ioTComm.#955468 /tRY PUBLIC - CALIFORNiAG) s~ o,sso cou.~y 0 .... ., (This area for official notarial aea0 IN WITNESS ~OI:, this ins~:rumcm: ha.~ bccn duly executed by ~hc lch-/nc~pal and Surety above narne~, on April 8, , 19 93 j THE AMERICAN INSURANCE COMPANY VT~TORTA M. CA~PBET,T. ATTORNEY-IN-FACT PRINCIPAL THE PRESLEY COMPANIES By: (Name) (Tkl~) APPROV!D AS TO FORM: SCOTT F. :FT'~T_D Cky Armrncy {Name) Cri l 3 GENERAL Arroa~zY THE AMERICAN INSURANCE 'COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AI~ERICAN INSURANCE COMPANY. a Cotl~oratson incorVorated un~ter the laws of roe State of New Jersey on FeUruary 20. 1846. anct retiomestlcated to the State of Neerisks on June 1. 1990. and having its l)nnciDal office m the City of Omal~a. State of Neeraska. ~ made. consutured and aplx~nted. and does by these presents rake. constitute aria aVpoint and all bonds. undertaking, re~gnizanm or other wnn~ obligations m and to bind the Corpor~on th~-Uy as fully and to the same ~te=t as if ~ bonds were signed by the President. rdml~d with the corVors~ sml of the Corporation and duly attested by its .~retary, h~-i~y ratifying and ennfwming all thai th~ said Attorney(s)-in-Fact my do in tile premts=. This Dower of attorney is granted pursuant to Article VII. Seeions 45 and 4~ of By. laws of TI. tE AMERI CAN INSURANCE COMPANY now in full for~z and e flea. Section ,15. Ap~iatment. The Chairman of Use ~ of ~on, ~ ~t, ny Vi~P~dnt or any o~ ~n au~ ~ ~ ~ of D~on. the ~ of the ~ of D~m, ~ ~t or any V~mt my, f~m ~ to O~, ap~t ~ml ~t ~ aM AHo~a-FR~ to ~p~S ad ~ for ~ on ~ ~ ~ ~~ ~ ~U to ~t i~ p~ ud B ~m~ for ~ on ~ of ~e Seedon ~6. Aatbor~fy. The authositT of such Rmid~ss ~t ~ An~Fm and Agnu s~ ~ m p~ b the m ~8 ~r sp~intmnt. Any rich apNintmet and ~ am~ Fie ae~ my ~ ~ok~ at n7 ~ by ae ~ of D~on or by aT ~m m~w~ to ~e su~ aQNm~ent~ ~ ~w~ of ano~ is si;~ ~d s~ ~d~ ~ ~ ~e au~o~y of ~ foxing R~iu~en ~pt~ by ~c ~d of D~on of ~E ~~ INSU~ COMP~ at a m~ng d~y ~ ~ hdd ~ me 31 st ~y of July. 19~. ~d ~d R~otuUon ~ not ~ ~d~ or ~: '~OL~D. ~at the si~ of any Vi~-~L ~t ~. ~ R~d~t ~--i~t ~ of t~ C~n~on. ~ ~e ~ of t~ ~nUon may ~ aff~ or pnn~ o~y ~w~ of m~. on ny r~on of ~y Ww~ of auom~, or on ~y Cfi2te rmung maao. by f~ ~d ~y ~wer of attom~. ay r~Uon of ~y ~ of ~tom~. or Cfn~ ~ng ~ f~e n~t~c or f~c ~ s~ ~ v~d ~d b~ u~n the Co~oraUon:' ~sC ~?of June -19 90 be her~.unto alfixul this STATE OF CALIFORNIA COUNTY OF .MARIN Onthis ] ~r cLayof By THE AMERICAN INSURANCE COMPANY T,r~ 19 011 before me personally csme R.D. Farnsworlh to me tenown, who. being by me duly sworzl, did d.mese___ anct say: that he is Vi~-President of THE AMERICAN INSURANCE COMPANY, the Corporauos~ ~s:nbetl in ansi w~ich executed the above mstrmnent; tim he Knows the seal of said Corl~orazion: that the sesl all-ted to the said ~ is sur. n mrpor~ seal: that it was so a.ffxxed by orcier of the Board of Diresots of said Corin'ation and that J~ signed his name thereto by llke orcter. LN WITNESS W'[-IEREOF. I have her~nnto .~z my hand and affixed my official s~al, the ctay and year herera first above written. i . . VANDEVORT ~lllllleeemneseeNeeen.lleslllelseeeesmesmlmlele~ STATE OF CALIFORNL~ COUNTY OF MARIN I. the undersigned, Resident Assistant Secretary of TI~ AMERICAN INSURANCE COMPANY. a N EB RASKA Corpor~Uon, DO HEREBY CERTIFY that the foregoxng ana a~ed POWER OF AITORNEY ramares m full ford and has not been revoked; and furthermore that Aracle VII, ~s:nons 45 aria 46 of the By-laws of me Corporanon. and the Resolution of rig lk~trd of ~or~ s~t forth in the POwer of Attorn~/, are now in force. Signe~ and sesie~ at the County of Ma:m. Daz~l the 8th ctayof April z9 93 360711 -TA4-9t) 1989 City of Temecula 43174 Business Pa~ Drive · Temecula. California 92590 Ronald J. Parks Patrlcla H. Blrdsal Mayor Pn~ Tern Karei F. Llndemans Councilmeml~er Peg Moore Councilrnernl~r J. Sal Mufioz Councilmeml:~r David F. DIx~q City Manager (714) 694.-1989 FAX (7141 694.-1999 September 30, 1991 = --~ .=..:..... Ray casey " Presley of San Diego 15090 Avenue of Science, Suite 20t San Diego, CA 92128 RE: TRACT MAP "O. 23267 AND 26861 CLEARANCE AS TOni LAND DEDICATION AND/OR IN LIEU FEES. Dear Mr. Casey: TCSD Staff has reviewed the conditions as set forth in the County of Riverside/City o| Temecula Conditions of Approval and recommend that the City Council APPROVE Tract No. 23267 and 26861 subject to the developer or his assignee entering into an agreement with the Temecula Community Services District to. conform to the following: 1. Neighborhood Park "A" which consists of a One acre park located within Sub Tract No. 23267-4 shall be developed to TCSD standards and the attached conceptual design prior to the issuance of the 50th building permit. m Neighborhood Park "B' located within Sub Tract No. 23267-2 consists of an approximate 2.9 acre reservoir which the d~veloper has agreed to drain and level to be contiguous with the remaining 6.3 acres of proposed park land to meet his current Quimby Requirement and to allow for a total !and dedication within this tract of approximately 9.2 acres. The total 9.2 acres shall be developed to TCSD standards and the attached conceptual design prior to issuance of the 50th building permit for Tracts No- 23267-1,2, and 3~., . - . . .; To dato. 'ale k. Ow. l.teriC; 's 'P ..as are h.reby 0'"dition.d to:- : - be maintained by an estabrished Home Owners Association (HOA)''2 "': ' Exterior slopes bordering an arterial street may be dedicated to the ~ ; .: ...... = !._. . . ..~-~...!,: ::.-:..::~:.~.~:-.~..~ ......:. ]-.: . ... - ~ -. : !::, ..: :=.. .;_.: :. ~. ·: .:'.:...--:... :..:., ..,.;~,-: .~ ~..... . - .~ .- : ~ ' -.. .=.' .=,. .~:~ ;.;:-...: ..' :..:~- -.'.::...: ~.:...:~ ',_:.'~L.'-...~'...-..!.- .': . ...:-; -: :: '..:~. _ .- - ..-., ~ - ,-.-, :---: ..... '- _.., ---. ~-', .'::>-=:~' =:: :.'=.':'~=. :.: .-..: ! , .:..,; L', =. "=.-, .~'.' .... ' '--'-='-" :- ' ' c ' '.-'-"' -' <.-...-~:~.~=~ -:- '-,¥' r.:T'.: ~'~-"~.,-'~=L'~.:i*'!"..t~,~':,+-'' ~ "".-'' '.' ::','3 ~=~;~,~.";, % C" :.-..~;.;~, ;ii~':'.r:~','.~,.:,,-~..:~...~- ~'~; ",;_':-~,~-~:-.";~-~Z~;~' ~' .~:- ." .',.; --.- ':; ~".: ':?.:..,~ i'~,:.T: :-'.:-.'-...~; '.~ :.:,~ .~:, .~:~.~,;.~:'~'~-: ..C"~-'. ':'-.-~:.': ~.~.~ .~,';.~ .~,~:'-'~ -,.-5.~-::. ;': '-- ,'-'~":~ [© TCSD for maintenance following compliance to TCSD standards an completion of the application process, Should you have further questions my telephone number is (714| 694- 6480, - - o ~ Applicant or his assignee agrees to the aforementioned conditions as Applicant- Date Yours truly, -- CITY F.TE ' A f~" ~;CI~i Administrator ITEM NO. 4 CIT~ FIN~ CIT~ CITY OF TEMECULA AGENDA REPORT APPROVAL ATTORNEY NCE OFFICER MANAGER TO: FROM: BOARD OF DIRECTORS DAVID F. DIXON DATE: MAY 11,1993 SUBJECT: LANDSCAPE MAINTENANCE CONTRACTS PREPARED BY: Bruce A. Hartley, Maintenance 'Superintendent RECOMMENDATION: That the Board of Directors: Award contracts to Fallbrook Landscape, Excel Landscape, California Landscape, Accurate Landscape, and Pro-Scape, Inc. to provide landscape maintenance services for the TCSD for FY 1993-94. DISCUSSION: The landscape maintenance responsibilities of the TCSD include all City parks, medians, and slope areas throughout Temecula. The formal public bidding process allowed bids to be submitted iri six different service areas. As a result of this bidding process, it is recommended that five landscape contractors be awarded contracts for landscape maintenance. The bids were submitted as follows: SLOPE SERVICE AREA A SLOPE SERVICE AREA B SLOPE SERVICE AREA C NEIGHBORHOOD PARKS COMMUNITY PARKS MEDIANS SERVICE AREA Fallbrook Landscape Excel Landscape Excel Landscape California LandscalVe Accurate Landscape Pro-Scape, Inc. $41,380.68 $40,721.04 $94,906.08 $45,150.36 $74,064.00 $4,048.92 Staff has verified contractors licenses and references Of the above contractors. Therefore, staff is recommending the above contractors as the lowest, qualified bidders. FISCAL IMPACT: The total cost of landscape maintenance for City parks, slopes, and medians is $300,271.08. These costs will be included in the appropriate TCSD Service Level for FY 1993-94. CITY OF TEMECULA TEMECULA COMMUNITY SERVICES DISTRICT LANDSCAPE MAINTENANCE BIDS FEBRUARY 18, 1993 PROJECT CSD 93-01 SERVICE AREA A Fallbrook Landscape California Landscape Pro-Scape New Way Looking Good Excel Accurate D&J MacKenzie Krueger Mentone ~41,380.68 $55,347.12 $63,720.12 $46,502.88 $43,905.72 $52,008.00 $46,149.48 $45,390.87 101,920.56 SERVICE AREA B Excel California Landscape Fallbrook Landscape Pro-Scape New Way Looking Good Accurate D&J MacKenzie Krueger Mentone $40,721.04 $49,709.76 $41,431.20 $68,163.84 $75,625.08 $53,508.00 $ ............... $44,372.40 $101,400.96 SERVICE AREA C Excel California Landscape Fallbrook Landscape Pro-Scape New Way Looking Good Accurate D&J MacKenzie Krueger Mentone $94,906.08 $117,730.08 $99,075.48 $150,393.06 $192.972.60 $126.492.00 $ ............... $ ............... NEIGHBORHOOD PARKS SERVICE AREA California Landscape Fallbrook Landscape Pro-Scape New Way Looking Good Excel Accurate D&J MacKenzie Krueger Mentone $45,150.36 $46,807.32 $54,974.28 $70,450.08 Disqualified $45,806.64 $51,192.00 $51,383.76 Disqualified $86,849.64 COMMUNITY PARKS SERVICE AREA Accurate California Landscape Fallbrook Landscape -Pro-Scape New Way Looking Good Excel D&J MacKenzie Krueger Mentone ~74,064.00 $89,940.72 $81,475.68 $ ............... Disqualified $82,533.72 $ ............... $ ............... MEDIANS SERVICE AREA Pro-Scape California Landscape Fallbrook Landscape New Way Looking Good Excel Accurate D&J MacKenzie Krueger Mentone $4,048.92 $4,864.20 $5,236.44 $16,259.28 $ ............... $6,172.68 $5,064.00 $7,203.00 $4,355.33 TEMECULA REDEVELOPMENT AGENCY ITEM MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA REDEVELOPMENT AGENCY TUESDAY APRIL 13, 1993 A regular meeting of the City of Temecula Redevelopment Agency was called to order Tuesday, April 13, 1993, 9:05 P.M., at the Temecula Community Center, 28816 Pujol Street, Temecula, California. Chairman Ronald J. Parks presiding. -PRESENT: 5 AGENCY MEMBERS: Birdsall, Mur~oz, Roberrs, Stone, Parks ABSENT: 0 AGENCY MEMBERS: None Also present were City Manager David F. Dixon, Assistant City Manager Woody Edvalson, City Attorney Scott F. Field, City Clerk June S. Greek and Recording Secretary Gail Zigler. PUBLIC COMMENT None AGENCY BUSINESS 1. Minutes 1.1 Approve the minutes of March 23, 1993. It was moved by Agency Member Mu~oz, seconded by Agency Member Stone to approve the minutes of March 23, 1993. The motion carried as follows: AYES: 5 AGENCY MEMBERS: NOES: 0 ABSENT: 0 AGENCY MEMBERS: AGENCY MEMBERS: Birdsall, Parks None None Mu~oz, Roberrs, Stone, , The Economics Research Associates (ERA) Labor Force Study 2.1 Continue to the meeting of May 11,1993, allowing staff and the Mayor to discuss alternative methods of obtaining the desired information. RDAO4/13/93 ~1- 4/27/93 TEMECULA REDEVELOPMENT AGENCY MINUTES APRIL 13. 1993 It was moved by Agency Member Mu~oz, seconded by Agency Member Stone to continue the Economics Research Associates (ERA) Labor Force Study to the meeting of May 11, 1993. The motion carried as follows: AYES: 5 AGENCY MEMBERS: NOES: 0 ABSENT: 0 AGENCY MEMBERS: AGENCY MEMBERS: Birdsall, Parks None None Mu~oz, Roberrs, Stone, Response to Reauirements of SB 617 City Attorney Scott Field presented the staff report. 3.1 Authorize the Finance Officer to forward the attached correspondence to the County of Riverside regarding the payment of tax increment to the Education Revenue Augmentation Fund (ERAF"). It was moved by Agency Member Stone, seconded by Chairman Roberrs to authorize the Finance Officer to forward correspondence to the County of Riverside regarding the payment of tax increment to the Education Revenue Augmentation Fund (ERAF). The motion carried as follows: · AYES: 5 AGENCY MEMBERS: Birdsall, Mu~oz, Roberrs, Stone, Parks NOES: 0 AGENCY MEMBERS: None ABSENT: 0 AGENCY MEMBERS: None Resolution of Intention to Purchase Rancho West Apartments Assistant City Manager Woody Edvalson presented the staff report. It was moved by Agency Member Birdsall, seconded by Agency Member Stone to approve staff recommendation as follows: 4.1 Adopt a resolution entitled: RDAO411 3193 -2° 4127193 TEMECULA REDEVELOPMENT AGENCY MINUTES APRIL 13.1993 RESOLUTION 'NO. RDA 93-02 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF TEMECULA, CALIFORNIA, AUTHORIZING THE PREPARATION OF A BONA FIDE OFFER TO PURCHASE CERTAIN PROPERTY AND AFFIRMING THE AGENCY'S COMMITMENT TO MEET LOWER-INCOME REQUIREMENTS OF THE RESOLUTION TRUST CORPORATION'S AFFORDABLE HOUSING DISPOSITION PROGRAM The motion carried as follows: AYES: 5 AGENCY MEMBERS: Birdsall, Mu~oz, Roberrs, Stone, Parks NOES: 0 AGENCY MEMBERS: None EXECUTIVE DIRECTOR'S REPORT None AGENCY MEMBER'S REPORTS None ADJOURNMENT' It was moved by Agency Member Mu~oz, seconded by Agency Member Stone to adjourn at 9:20 P.M. The next regular meeting of the City of Temecula Redevelopmerit Agency will be held on Tuesday, May 11,1993, 8:00 P.M., at the Temecula Community Center, 28816 Pujol Street, Temecula, California. Ronald Parks, Chairman June S. Greek, City Clerk RDA0411 3193 -3- 4127193 ITEM NO. 2 CITY OF TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: FROM: DATE: SUBJECT: Agency Board/Executive Director Harwood T. Edvalson, Assistant City Manager~ May 11, 1993 RECOMMENDATIONS FOR LABOR FORCE STUDY RECOMMENDATION: That the Agency Board authorize the Executive Director to finalize negotiations and sign a contract with Economics Research Associates(ERA) to provide a labor force study for the City of Temecula in an amount not to exceed $11,500. JUSTIFICATION: As a result of the Agency Board's request for staff to review its previous recommendation, the elements of the proposed study were modified to include collection and reporting of data census and other data, a mail survey to all residents in Temecula, and a volunteer effort to conduct face-to-face surveys at local shopping centers. The change in scope of the study has resulted in a savings of approximately $5,000. BACKGROUND: During its last consideration of this item, Agency Member Munoz expressed an objection to the expense of the study. The Agency Board directed Staff to meet with the Agency Member and explore the available alternatives. The following are the specific objections raised and the staff response based on further study: (1) Information already available. Feeling that sufficient labor force information already existed and was readily available to the City, Agency Member Munoz felt that staff could easily perform the work associated with the proposed study. While this assessment is somewhat accurate in terms of raw data availability, concentrated effort is required to compile the data into a presentable format. This work includes aggregating the data, correlating and contrasting the data from competitive labor markets, and then verifying the data from the proposed mail and man-on-the-street surveys, and finally representing this data by graph and chart in a format usable for our marketing efforts. Staff has carefully analyzed the issue and has determined that the staff cost to produce this report would exceed the proposed $3,000. Unnecessary components. An objection was raised concerning the need for the proposed telephone survey, feeling that the information available on the phone would be so limited as to be useless, or at best redundant. In rethinking its approach to the study, staff agrees that the phone survey is not required to achieve the study's goal of providing labor force characteristics to potential industrial prospects. The initial proposed cost of the contract was $16,500. Staff believes that deletion of the phone survey will result in a contract amount not to exceed $11,500. In place of the telephone survey, Staff proposes to have a volunteer effort to collect data in face-to-face surveys to be conducted at major shopping centers in the City. In addition to the mail survey, this data collection would give us first hand information about occupation, place of residence, place of work, commute time, etc., and may get people who would not respond to the mail survey. With a volunteer effort the cost, if any, would be minimal. To much detail. A final objection dealt the level of detail in the study. General information for the region may be adequate to attract industry. At Agency Member Munoz request, I spoke with a representative of ACS and asked about the level of information they required when initially locating to this valley. The ACS response was that they hired a consultant to do a detailed study of the labor force and lifestyle of the area. Temecula must show that it has information specific to the City-- that it has made the effort to differentiate itself from any other community in Southern California. Another company looking at Temecula as a potential site requested detailed information on the number of electrical engineers and other laborers in technical job categories. FISCAL IMPACT: The proposed modifications in the original proposed study will result in a savings of approximately $5,000. The cost of the contract with Economics Research Associates/Opinion Research was not to exceed $16,500.00, and now will be not to exceed $11,500. Funds are still available in the 1992-93 RDA Budget. ITEM NO. 3 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER / TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Agency Board/Executive Director Scott F. Field/City Attorney May 11, 1993 WaI-Mart Department Store. RECOMMENDATION: that the Agency approve the Development and Disposition Agreement between the Agency, WaI-Mart and the agreement between the Agency and Rancho Regional Shopping Center providing for the $90,000 reimbursement to the Agency and authorize the Agency Chairman to execute the same. DISCUSSION: The terms and conditions of the Agreements and their benefits to the Temecula Project Area are discussed in the staff report and Resolution of Approval presented to the City Council in requesting its consent to the proposed assistance to WaI-Mart. Based on these materials, it is recommended that the Agency approve the Agreements. FISCAL IMPACTS: $362,000 from the Agency Revolving Fund. ATTACHMENTS: Agreement between Agency, WaI-Mart (to be submitted under separate cover. Agreement between Agency and Rancho Regional Shopping Center (to be submitted under separate cover) ITEM NO. 4 APPROVAL CITY ATTORNEY .~~ FINANCE OFFICER L- CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Agency Board/Executive Director Scott F. Field/City Attorney May 11, 1993 Professional Hospital Supply, Medical Design Concept and American Medical Material Alliance RECOMMENDATION: That the Agency approve the Development and Disposition Agreement between the Agency and Professional Hospital Supply, et,al., and authorize the Agency Chairman to execute the same. DISCUSSION: The terms and conditions of the Agreement, and its benefits to the Temecula Project Area as discussed in the staff report and Resolution of approval presented to the City Council in requesting its consent to the $700,000 loan to Professional Hospital Sul~ply, et.al. The effect of the loan is to write down the cost of obtaining land in the Crystal Ridge Business Park for PHS's proposed expansion. Initially, funds for the loan will be obtained from the Agency Revolving Account. The loan will be primarily repaid from one-half of the sales tax of the city derives from the PHS expansion. Based on the materials presented to the City Council, it is recommended that the Agency approve the Agreement. FISCAL IMPACT: $700,000 from the Agency Revolving Fund. ATTACHMENT: Agreement between Agency and PHS et.al -1- ITEM 5 FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Agency Board/Executive Director Scott F. Field/City Attorney May 11, 1993 Loan to Quicksilver Enterprise, Inc. RECOMMENDATION: That the Agency approve a $60,000 loan to Quicksilver Enterprises, Inc., subject to approval of the Agency Executive Director and General Counsel as to the final form of the Agreement. DISCUSSION: Quicksilver has requested a loan of $60,000 from the Agency for 120 days at 5% increase. The funds will be used principally for inventory. The funds are requested to replace a portion of the cash revenues used to replace equipment and supplies lost to the floods of January 15-18, 1993. The justifications of the loan and its benefits to the project area are set forth in' the staff report and Resolution of Approval presented to the City Council in requesting its consent to this loan. In support of this loan, Quicksilver has presented various materials, which are attached. These materials raise some question concerning the loan security. While the Letter of Credit from the Bank of Paris will provide collateral, the Agency should consider the following: Except in 1989, Quicksilver has never earned a profit. Last year, it lost more than $350,000. Unit sales also have been declining since 1989. J Flood damage repairs made necessary by the lack of flood insurance undoubtedly impaired the financial health of Quicksilver. However the firm has always suffered from cash flow constraints. See page 5 of the 10-K report. There has been on-going litigation regarding the ownership of the Company. See P. 8, 10 of the 10-K report. The SBA loan was denied because the principal stock owners would not sign a loan guarantee. The fact that Mr. Welty owns 42.9% of the stock has filed a loan guarantee. The fact that Mr. Welty owns 42.9% Of the stock has filed legal action against the company, and the company contests the validity of one third of Mr. Welty's stock, probably contributed to the problem with obtaining a loan guarantee. Given these factors, the Agency should give this loan careful consideration. FISCAL IMPACTS: ~60,000.00 ATTACHMENTS: Letter of April 13, 1993 to David Dixon Quicksilver Internal Review, dated February 28, 1993 10-K report, for fiscal year ending May 31, 1992 -2- RESOLUTION NO. 93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE TEMECULA I~Er}EVELOPlV!~NT AGENCY LENDING $60,000 TO QUICKSILVER ENTERPRISES, INC., TO RESTORE FACILITIES DESTROYED BY THE JANUARY 1993 FLOODS The City Council of the City of Temecula does hereby resolve as follows: Section 1. The City Council of the City of Temecula hereby finds, determines and declares as follows: A. Quicksilver Enterprises, Inc., manufacturers ultralight aircraft. It is located at 27595 Diaz Road, Temecula, within the Temecula Re, development Project Area. Prior to January 18, 1993, it employed 45 persons. B. Quicksilver is located adjacent to Murietta Creek. Its manufacturing facilities were flooded over the weekend of January 15-18, 1993. As a result, it had to repair or replace its shop equipment computers, telephones, and office equipment, at a cost of $130,000, and lay-off 2 employees on a temporary basis. In addition, for the six weeks after January 18, manufacturing was halted in favor of flood dean-up, at a cost of $120,000. Further, there were losses of $74,000 in inventory, $6,600 in administrative supplies, and $19,000 in engineering documents. The cost of the clean-up depleted available cash resources for inventory. This has reduced manufacturing to 60 % of capacity. C. One of the principal objectives of the Temecula Re, development Plan was to improve flood control facilities within Murrieta Creek. To this end, the Temecula Re, development Agency may install flood control facilities .which would otherwise be the obligation of the private landowner. D. In addition, the Agency is authorized to enter any contract that may be necessary or convenient to expand employment opportunities for the jobless, underemployed and low income persons and which creates the physical, environmental and economic conditions to remove and prevent the recurrence of blight. E. Pending the improvement of flood control facilities by the Riverside County Flood Control District, the Redevelopment Agency, and other public and private entities, it is necessary to assist businesses which suffered severe flood damage. Such assistance will retain and attract private investment, thereby advancing the objectives of redevelopment, principally in the areas of job retention and creation. -~' 2/R:lreaoal304 I F. Quicksilver suffered severe flood damage in January 1993. In order to assist Quicksilver to recover from the impacts of the flood, it is necessary for the Temecula Redevelopment Agency to lend Quicksilver $60,000 for 120 days. This will serve as interim financing until a Small Business Administration loan of $458,000 becomes available. The rate of interest for such a loan will be five percent (5 % ) per annum, which is approximately the rate of return on Agency investments. Said loan will be secured by a letter of credit issued by the Bank of Paris. Quicksilver will also release the City and Agency from any potential liability in connection with the Flood. G. The Quicksilver manufacturing facility is of benefit to the project area in that it provides employment to the jobless, underemployed and low income persons. H. No other reasonable means ~ available, and if tax increment funds are not used to help provide interim financing, Quicksilver may not stay in business. I. A public hearing has been held, and a notice has been published in a newspaper of general circulation in the community for at least two successive weeks prior to the Public Hearing. -. Section 2. Based upon the foregoing, the City Council of the City of Temecula hereby determines that providing Agency assistance to Quicksilver is necessary for the benefit of and to effectuate the Redevelopmerit Project No. 1-1988 redevelopment area and that the proposed contribution to its financing is the only reasonable means available to insure its business survival. The City Council does hereby approve the lending of tax increment funding to the Quicksilver manufacturing facility in the Re, development Project No. 1-1988 redevelopmerit area. Section 3. The City Clerk shall certify to the adoption of this resolution. APPROVED AND ADOPTED this _ day of ,1993. J. Sal Mu~oz, Mayor June S. Greek, City Clerk [SEAL] 2/R:/r~*°~r~04 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TE1VfEC~A ) 5S I, June S. Greek, City Clerk of the City of Temecula, California do hereby certify that the foregoing Resolution No. 93--- was duly adopted at a regular meeting of the City Council of the City of Temecula on the_ day of , 1993, by the following roll call vote: AYES: NOES ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: June S. Greek, City Clerk ,,/"' 2,'R:/r~.ol/304 3 ITEM 6 FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: Redevelopment Agency David F. Dixon, Executive Director May 11, 1993 Small Business Incentive Loan Program PREPARED BY: Mary Jane McLarney, Finance Officer Scott F. Field, General Counsel RECOMMENDATION: That the Agency review the Small Business Incentive Loan Program and authorize the Agency to implement the program, subject to Agency approval of individual loans on a case by case basis. DISCUSSION: As part of the City's Economic Development Program the City Council and City Manager have had on-going discussions regarding a Small Business Incentive Loan Program. Following are key elements of the program for your review. TarQet: Relocation or retention of a business with sixty (60) employees or less. SCOpe: A program maximum of $1,000,000 of Redevelopment Agency tax increment proceeds with a maximum loan amount of $150,000. Such money will initially be drawn from the Redevelopment Revolving Fund. Review Committee: A review committee will be assembled and consist of three members of the banking community with expertise in small business lending, one member of the Council Finance Committee, City Finance Officer and the Executive Director. The committee will also assist with the preparation of the loan qualification criteria and other operational guidelines. R:%agende.rpt~SmlBue,Lon I Agenda Report Small Business Incentive Loan Program May 11, 1993 Page 2. Rate Terms: · City's cost of funds plus administration and reserve funding; five year repayment, amortized over ten years. We are anticipating an initial rate of 5.5%. Security: Trust Deed on business or personal real estate, or security interest in equipment. Permitted Use: Construct, expand or convert facilities for use in the course of the commercial or industrial borrower's business. Acquire real property for the purpose of starting operations or economically bettering the existing operations of a small business. Purchase machinery, fixtures and equipment. Prohibited Use: Raw land acquisition, speculative new construction, or real estate purchased for the purpose of resale by the Borrowers, for their own account, where the prospect of profit will result from market fluctuations. Account trading in commodity futures. Mineral exploration and development of ventures, such as, but not limited to, "wild cat" petroleum, gas, mineral and other prospecting where profit will result from the discovery of something of value. Gambling. Proceeds will be used outside of Temecula. Publications of newspapers, magazines and journals of all types. To pay-off creditors who are inadequately secured which are past due and or have not been properly serviced by the debtor. R:~genda.rpt%SmlBue.L~n 2 Agenda Repo. Small Bulnesslncen~ve Loan Program May 11, 1993 Page 3. For distribution or payment to owner-partners or shareholders of the applicant, or to replenish working capital previously used for such purposes. Legal Authority Each redevelopment agency has the authority to exercise governmental functions and has the powers prescribed in Health and Safety Code sections 33000 to 33738. (Health and Safety Code section 33122.) According to Health and Safety Code section 33071. "a fundamental purpose of redevelopment is to expand the supply of low and moderate income housing, to expand employment opportunities for the jobless, underemployed, and low-income persons, and to provide an environment for the social, economic, and psychological growth and well- being of all citizens." Section 33125(c) states that a redevelopment agency may "[m]ake and execute contracts and other instruments necessary or convenient to the exercise of its powers." In Marek v. NaDa Community RedeveloDment Agency (1988) 46 Cal.3d 1070, the court further explained that: "The purposes of the Community RedeveloDment Law include (1) the creation of physical, social, economic, and environmental conditions to remove and orevent the recurrence of bliaht: (2) the creation of jobs and low-to-moderate income housing; and (3) the attraction of private investment towards these ends. The court went on to suggest that because redeveloDment aeencies are endowed with broad Dowers to "[m]ake and execute contracts and other instruments necessary" to complete redeveloDment projects, this should authorize contracts necessary to achieve the objectives of redevelopment. In addition, the specific objectives of the Temecula Redevelopment Plan (Riverside County Redevelopment Project No. 1-1988): "Promote the expansion of the County's industrial basis and local 'employment opportunities to provide jobs to unemployed and underemployed workers in the County. Encourage investment in the project area by the private sector. Encourage the cooperation and participation of project area property owners, public agencies and community organizations in elimination of blighting conditions and the promotion of new or improved development in each of the non-contiguous portions of the project area." R:%agende.rl~t~S~lBuB.L~n Agenda Repo~ Small Buinesslncen~ve Loan Program May 11, 1993 Page 4. To that end, the plan specifically authorizes the Redevelopment Agency to undertake certain implementation actions, including the following: "(1 ) Providing for participation by owners and tenants of properties located in the project area by extending preferences to remain or relocate within the redevelopment area; (7) Development in redevelopment of land by private enterprise and public agencies for uses in accordance with this plan; (8) Rehabilitation of structures and improvements by present owners, their successors or the agency .... " These authorize the agency to engage in a form of economic development broader than the more traditional tools of installing public improvements and land write-downs, the two techniques most commonly used by Redevelopment Agencies. Notably, the existing plan authorizes the rehabilitation of structures and improvements by present owners and their successors. In order to achieve this, low interest loans may be necessary. However, it should be noted that these loans are only to be used for the rehabilitation of structures and improvements and are not to be used for working capital. Administration: To control costs the program will be administered in-house. It is anticipated that the program will require a part-time Management Analyst, funded by the Redevelopment Agency (RDA), who will be responsible for processing and packaging the applications for review and monitoring collection activity. In addition it will be necessary to acquire a loan maintenance software program to record the loan activity. The Council will be asked to approve the acquisition of software when the cost information has been accumulated. Funding for the part-time Management Analyst will be approximately $25,000 per year for salaries and benefits. R:\~eendm.rpt%SmlBum.Lon 4