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AGENDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
COMMUNITY RECREATION CENTER
30875 RANCHO VISTA ROAD
MARCH 14, 1995- 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.
CALL TO ORDER:
Mayor Jeffrey Stone presiding
Next in Order:
Ordinance: No. 95-06
Resolution: No. 95-20
Invocation:
Reverend Steven Leinhos, New Community Lutheran Church
Flag Salute:
Councilmember Roberrs
ROLL CALL:
Lindemans, Mur~oz, Parks, Roberts, Stone
PRESENTATIONS/
PROCLAMATIONS
Poison Prevention Proclamation
Week of the Family Proclamation
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public can address the Council on
items that are not listed on the Agenda or on the Consent Calendar. Speakers are limited
to two (2) minutes each. If you desire to speak to the Council on an item not listed on the
Agenda or on the Consent Calendar, a pink 'Request to Speak' form should be filled out
and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items a 'Request to Speak" form must be filed with the City Clerk
before the Council gets to that item. There is a five (5) minute time limit for individual
speakers.
R:~gefda~031496 I
CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agenda will be made at
this time. A total, not to exceed, ten (10) minutes will be devoted to these reports.
CONSENT CALENDAR
2
3
4
Standard Ordinance Adootion Procedure
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in
the agenda,
Minutes
RECOMMENDATION:
2,1 Approve the minutes of February 21, 1995.
2.2 Approve the minutes of February 27.1995.
Resolution ADDrOving List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO, 95-
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 Reoort as of January 31.1995
RECOMMENDATION:
4.1 Receive and file the City Treasurer's Report as of January 31, 1995,
5
R:~geeqda~0314~6
Out-of-State Travel Reauest
RECOMMENDATION:
5.1 Authorize the Mayor to travel, out of state, to Salt Lake City to be present when
Advanced Cardiovascular Systems (ACS) receives the United Nations Family
Friendly Award.
,
2 '
6
Contract Insoection Services for Buildina and Safety
RECOMMENDATION:
6.1
Approve an amendment to an existing professional services agreement for
Employment Services, Inc. (E.S.I.), to provide Contract Building Inspection and Code
Enforcement services to the Building and Safety Department for an approximate four
(4) month period.
Acceotance of Public Streets into the City-Maintained Street System (North General Kearnv
Road and Golden Rod Roed)
RECOMMENDATION:
7.1 Adopt a resolution entitled:
RESOLUTION NO. 95-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA, ACCEPTING CERTAIN PUBLIC STREETS CONSTRUCTED UNDER
ASSESSMENT DISTRICT NO. 161 INTO THE CITY-MAINTAINED STREET SYSTEM
(NORTH GENERAL KEARNY ROAD FROM NICOLAS ROAD TO THE EASTERLY CITY
LIMITS AND GOLDEN ROD ROAD FROM NORTH GENERAL KEARNY ROAD TO THE
NORTHERLY CITY LIMITS)
8
Acceptance of Public Street into the City-Maintained Street System - A Portion of Liefer
Road
RECOMMENDATION:
8.1 Adopt a resolution entitled:
RESOLUTION NO. 95-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA, ACCEPTING A PUBLIC STREET INTO THE CITY-MAINTAINED
STREET SYSTEM - A PORTION OF LIEFER ROAD
Professional Services with Albert A. Webb Associates for the Design of Solana Way Storm
Drain Improvements
RECOMMENDATION:
9.1
Approve the Professional Services Agreement between the City of Temecula and
Albert A. Webb Associates to design Solana Way Storm Drain Improvements for the
amount of $20,180.00.
R:~/Wende~031496 3 :
10
11
12
Award of Contract for the Moraga Road Street Widenirm. Project No. PW9~-I 0
RECOMMENDATION:
10.1 Award a contract for the construction of Moraga Road Street Widening, Project No.
PW92-10 to Ronald L. Harris Construction for el 02,721.00 and authorize the
Mayor to execute the contract.
10.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of ~10,272.109 which is equal to 10% of the contract
amount.
Cable Television Rate Regulation
RECOMMENDATION:
11.1 Adopt a resolution entitled:
RESOLUTION NO. 95-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING
A SETTLEMENT OF ITS INVESTIGATION OF CABLE TELEVISION RATES FOR
BASIC SERVICE AND ASSOCIATED EQUIPMENT
11.2 Direct Staff to file a Petition for Special Relief requesting that the FCC review Inland
Valley's rates for the period after July 14, 1994.
Property Insurance Coverage
RECOMMENDATION:
12.1 Review and approve the new Aetna property insurance policy with Strachota
Insurance Agency Inc., effective March 27, 1995;
12.2 Provide staff with direction to obtain a Requests for Qualifications for property
insurance broker services.
R,,~O3141E 4 '
SECOND R;AnlNn OF ORnlNANCFS
13 Second Resdirm of Ordinance No. 95-04
RECOMMENDATION:
13.1 Adopt an ordinance entitled:
ORDINANCE NO. 95-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING
SPECIFIC PLAN N0.213, AMENDMENT NO. 2 (PLANNING APPLICATION NO. 94-
062) AMENDING SPECIFIC PLAN NO. 213 TO CHANGE THE ZONING FOR
PLANNING AREA 11 (32 ACRES) FROM VERY HIGH DENSITY RESIDENTIAL (14-20
DWELUNG UNITS PER ACRE WITH A MAXIMUM OF 360 MULTI-FAMILY
DWELUNGS) TO MEDIUM DENSITY RESIDENTIAL (2-5 DWELLING UNITS PER
ACRE WITH A MAXIMUM OF 150 SINGLE FAMILY DWELLINGS), LOCATED ON
THE SOUTHWEST CORNER OF TOWN VIEW AVENUE AND MURRIETA HOT
SPRINGS ROAD
14 Second Readino of Ordinance No. 95-05
RECOMMENDATION:
14.1 Adopt an ordinance entitled:
ORDINANCE NO. 95-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA PERTAINING
TO OUTDOOR VENDORS AND ESTABLISHING REGULATIONS FOR OUTDOOR
VENDING
COUNCIL BUSINESS
15 Amended Animal Control Aareement and Animal Control Ordinance and Resolution
RECOMMENDATION:
15.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 95-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEAUNG
SECTION 6.04.010 AND ADDING CHAPTERS 6.02, 6.06 AND 6.08 TO THE
TEMECULA MUNICIPAL CODE REGULATING THE KEEPING AND CONTROL OF
DOGS, CATS AND OTHER ANIMALS
15.2 Adopt a resolution entitled:
RESOLUTION NO. 95-
15.3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ESTABLISHING ANIMAL LICENSING FEES, AND ADOPTING STANDARDS FOR THE
OPERATION OF KENNELS AND CATTERIES AND POLICIES FOR THE DISPOSITION
OF IMPOUNDED ANIMALS
Approve the First Amendment to the Agreement for Animal Control Services and
authorize the Mayor and City Attorney to execute the Amendment.
16
Planning Aoolication No. PA 95-0012- Aooeal of Plannino Director's Denial of Prooosed
Sionaoe for Yellow Basket Restaurant
RECOMMENDATION:
16.1 Adopt a resolution entitled:
RESOLUTION NO. 95-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING
PLANNING APPLICATION NO. PA95-0012 FOR PROPOSED WALL SIGNAGE FOR
PLOT PLAN NO. 247 LOCATED 40575 WINCHESTER ROAD AND KNOWN AS
ASSESSOR'S PARCEL NO. 9910-110-068
17
Memorandum of Understanding Concerninq Soecific Plan No. 199, VanDaale
RECOMMENDATION:
17.1
Approve the Memorandum of Understanding concerning Specific Plan No. 199 for
Van Daele Development Corporation, authorizing the payment of development fees
at a specified level and directing the Mayor to execute the Agreement on behalf of
the City and the City Clerk to attest thereto.
CITY MANAGER'S REPORT
CITY ATTORNEY'S REPORT
ADJOURNMENT
Next regular meeting: March 28, 1995, 7:00 PM,
Vista Road, Temecula, California.
Community Recreation Center, 30875 Rancho
R:%Agerda~31466 6
TEM;CULA t~3MMUNITY :SI:qVIC~R nlSTRICT Mk"I:TINn - (To be held at 8:00)
CALL TO ORDER: President Ronald H. Roberrs
ROLL CALL: DIRECTORS: Lindemans, Mufioz, Parks, Stone, Roberrs
PUBLIC COMMENT: 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 Community Services Recreation Brochure
RECOMMENDATION:
1.1 Accept proposal of, 15,039 from Graphic Unlimited to print one ( 1 ) issue of the
Community Services Recreation Brochure.
GENERAL MANAGERS REPORT - Bradley
DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson
BOARD OF DIRECTORS REPORTS
ADJOURNMENT: Next meeting: March 28, 1995, 8:00 PM, Community Recreation Center,
30875 Rancho Vista Road, Temecula, California.
R:V~eenddl)31411E, 7
TEMFCI iLA ;;riwVwLOPM;NT AnI:NCY FIttING
CALL TO ORDER: Chairperson Ronald J. Parks presiding '
ROLL CALL: AGENCY MEMBERS: Lindemans, Mui~oz, Roberts, Stone, Parks
PUBLIC COMMENT: 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 vour name and address for the record.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the minutes of February 21, 1995.
EXECUTIVE DIRECTOR'S REPORT
AGENCY MEMBER'S REPORTS
ADJOURNMENT: Next Meeting:
Temecula, California.
March 28, 1995, 8:00 PM, 30875 Rancho Vista Road,
R :%Agefide%031416 I
PROCLAMATIONS/
PRESENTATIONS
The City of Temecula
PROCLAMATION
Wu~:aEAS, in 1989, the Uni~ Nations General Assembly declared 1994 to be
International Year of the Family; and
WHEuEAS, groups from all over the world were asked to participate in conferences that
focused on issues that effect the family; and
WH~:MEAS, in conjunction with the InUnational Year of the Family a conference of
cities, government and private sector pazmen will be held in Salt Lake City, Utah on March 16--
19, 1995; and
WHEREAS, at that conference, one of Temecula's, fine corporate citizens, Advanced
Cardiovascular System, will be honored as a United Nations Family-Friendly Corporation for
their strong corporate values which support employees, their families, the local school and the
community; and
~, the City of Temecula strongly supports encouraging other corporations and
organizations to adopt "Family-Friendly' policies designed to protect and strengthen family and
individualwell-being;
NOW, THEREFORE, I, Jeffrey E. Stone, on behalf of the City Council of the City of
Temecula, hereby proclaim March 19 through 25, 1995 to be
**Week of the Faunfly*
IN WITNESS WILI/EOF, I have hereunto set my hand and caused the Seal of the City
of Temecula to be affixed this 7th day of March, 1995.
leffrey E. Stone, Mayor
lune S. Greek CMC, City Clerk
The of Tettteclda
PROCLAMATION
WHX~:ul?-AS, annually a week is set aside to raise awareness of the dangers of accidental
poisoning; and
WHEREAS, it iS imporlant for the public to be aware of the necessity of keeping
potenthl poisons, including medicines, away from children at all times; and
WHKuEAS, the growing number of pediatric poisonings reflects a need to focus poison'
prevention efforts on toxic substances found in the home; and
WHEREAS, health care professionals and provideis are joining together to counsel
patients to keep 211 medicines out of teach of children and to carefully store drain openex~,
solvents, anti-freeze, kerosene, gasoline, pesticicles, or other toxic materials well out of reach
of children,
NOW, THEIH~-FORE, I, Jeffrey B. Stone, on behalf of the City Council of the City of
Tcmecula, hereby proclaim the week of March 19-25, 1995, to be
*Nafion~! Poison Prevention Weekw
in the City of Tcmecula, and urge all citizens to recognize the dangers commonly found in the
homc and to know and post the number of the local Poison Control Center on their telephones.
IN WITNESS WIiklRFX)F, I have hereunto set my hand and caused the Seal of the City
of Tcmccula to be affixed this 14th day of March 1995.
Jeffrey E. Stone, Mayor
3une S. Greek, City Clerk
ITEM I
ITEM 2
MINUTES OF A THE TEMECULA CITY COUNCIL
MEETING JOINTLY WITH THE TEMECULA REDEVELOPMENT AGENCY
HELD FEBRUARY 21, 1995
A regular meeting of the Temecula City Council was called to order at 7:03 PM at the Main
Conference Room, 3174 Business Park Drive, Temecula, California. Mayor Jeff Stone presiding.
PRESENT: 5
COUNCILMEMBERS:
Lindemans, Mu~oz, Parks, Roberrs,
Stone
ABSENT: 0 COUNCILMEMBERS: None
Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City Clerk June
S. Greek.
PLEDGE OF ALLE~-IANCE
The audience was led in the flag salute by Mayor Pro Tom Lindemens.
PUBLIC COMMENTS
None given.
CITY COUNCIL REPORTS
None given.
COUNCIL BUSINESS
1. Economic Develooment Work Prooram
Assistant City Manager Mary Jane McLarney presented the staff report, outlining the City's
economic development work program. She introduced Brian Collins, Executive Director of the
Inland Empire Economic Partnership IEEP, who discussed the Inland Empire marketing program.
Assistant City Manager McLarney addressed the Council regarding approval of an RFQ
(Request for Qualifications) for Marketing Services. She explained this would basically be
used to update the fact pack and target specific markets, coordinated with the Economic
Development Corporation. She introduced Dennis Frank of the Temecula Valley Economic
Development Corporation.
Dennis Frank outlined the program of the Temecula Valley Economic Development
Corporation, describing it as a public/private partnership. He explained efforts are being made
to coordinate economic development efforts with IEEP (Inland Empire Economic Partnership,)
the County EDC and the State of California. He explained that the task of the Temecula Valley
EDC is to market Temecula to potential industrial/commercial developers.
Councilmember Mufioz discussed the possibility of the Temecula Valley Economic
Development Corporation sharing in profits gained by land owners or brokers in the form of
a percentage of the sale.
R:~eeende%0221H I
Mayor Pro Tem Lindemans suggested the Temecule Valley Economic Development Corporation
obtain a brokers license. City Manager Bradley questioned the legality of a non-profit
organization holding a brokers license.
Mr. Brian Collins cautioned the Council regarding the role of EDC and IEEP, explaining the
value of these organizations is that they are neutral and are not competitive.
Mayor Stone suggested that a City Councilmember be assigned as a member of the Fast Track
Team for assisting businesses of over 25 people.
Mayor Pro Tam Stone suggested that a staff member be assigned to research available grants.
Assistant City Manager Mary Jane McLarney outlined loan programs and financial incentives,
distributing a draft matrix that would provide a scoring system for prospective companies.
Councilmember Mur~oz stated he does not approve of outright gifts or grants and voiced his
objection to this being included as part of an on-going program. Mayor Pro Tam Lindemans
concurred.
Councilmember Parks stated he feels incentives need to be considered on an individual basis
but that the City should not give up financial incentives as a tool.
City Manager Bradley stated since there is an absence of Council policy, staff is Iookir~g for
direction on what type of incentives the Council is willing to entertain.
Mayor Stone suggested a Revenue Excess Sharing in Temecula (REST) program b~
implemented, where citizens receive a credit on their Community Services District fee.
Councilmember Mur~oz suggested that citizens receive a check instead of a credit on their tax
bill. He further stated he can support incentives if tied to this type of program.
It was moved by Councilmember Parks, seconded by Mayor Pro Tam Lindemans to adopt the
four guidelines contained in the staff report as the basis for establishing incentive guidelines,
and adding a fifth guideline which would address multipliers and consideration of REST
(Revenue Excess Sharing in Tamecula). The motion was unanimously carried.
It was moved by Councilmember Parks, seconded by Mayor Pro Tam Lindemans to approve
staff recommendation 1.2 as follows:
1.2 Approve an RFQ (Request for Qualifications) for Marketing Services.
The motion was unanimously carried.
Mayor Stone suggested the study of a Temecula Educational Apprenticeship Model Program
(TEAM). He explained this program would work cooperatively with the Temecula Valley
School District to provide apprenticeship/job training for high school credit. He described this
as a graded effort for 1 lth and 12th grade students. He asked for the support of Council to
allocate staff time to investigate this program.
R:~4kgenda%022 i IS 2
City Manager Bradley stated this would take approximately 80 hours of staff time to develop.
It was moved by Councilmember Parks, seconded by Councilmember Roberrs to approve 80
hours to staff time to develop the guidelines for a TEAM (Temecula Educational Apprenticeship
Model) Program over a six to eight week period. The motion was unanimously carried.
CITY MANAGER'S REPORT
None given.
CITY ATTORNEY'S REPORT
None given.
ADJOURNMENT
It was moved by Councilmember Parks, seconded by Councilmember Robarts to adjourn at 9:23 PM
to a meeting on January 24, 1995, Community Recreation Center, 30875 Rancho Vista Road,
Temecula, California.
Jeffrey E. Stone, Mayor
ATTEST:
June S. Greek, City Clerk
R:%,~eenda~O221H
MINUTES OF A THE TEMECULA CITY COUNCIL
MEETING JOINTLY WITH THE TEMECULA PLANNING COMMISSION
HELD FEBRUARY 27, 1995
A regular meeting of the Temecula City Council was called to order at 7:05 PM at the Main
Conference Room, 43174 Business Park Drive, Temecula, California. Mayor Jeff Stone presiding.
PRESENT 5
ABSENT: 0
PRESENT: 4
ABSENT: I
COUNCILMEMBERS:
COUNCILMEMBERS:
COMMISSIONERS:
COMMISSIONERS:
Lindemans, Mur~oz, Parks, Roberrs,
Stone
None
Blair, Slaven, Webster, Ford
Fahey
Also present were City Manager Ronald Bradley and City Clerk June S.' Greek.
PLEDGE OF ALLEGIANCE
The audience was led in the flag salute by Councilmember Mulloz.
PUBLIC COMMFNTS
None given.
CITY COUNCIL REPORTS
None given.
COMMISSION REPORTS
None given.
COUNCIL\COMMISSION BUSINESS
1. VillaQe Center Concept Workshop
Director of Planning Gary Thornhill presented an overview of the Village Center Concept.
Commissioner Linda Fahey arrived at 7:13 PM.
Senior Planner John Meyer gave a presentation regarding the history and components of the
Village Center Concept, along with how this is expected to evolve over the next few years.
Councilmember Mufioz asked about the major areas of resistance. Director of Planning
Thornhill stated the resistance is driven by needs of tenants, such as parking. Councilmember
Mu~oz stated he feels an allowance in the general plan is needed for a hybrid of the Village
Center Concept.
Commissioner Linda Fahey stated the Commission is having the most difficulty determining
priorities and what is most important to the Council.
R:~enda%O22796 1
Chairman Steve Ford stated the challenge is to design for something that is livable now, but
can adapt for 10, 30, 50 years in the future.
Commissioner Billie Blair voiced her support of the Village Center Concept, using as examples,
the Palomar Village Center with the Ice Cream Parlor and Tower Plaza with places for people
to congregate and listen to music.
Councilmember Parks stated each specific project needs to be individually evaluated and listed
his priorities as walking areas, quad areas and a central parking location with access to
individual stores by walkways.
Mayor Stone voiced his support for the Village Center Concept stating his focus would be on
pedestrian friendly, open plazas.
Commissioner Billie Blair left the meeting at 8:17 PM.
Planning Director Gary Thornhill requested direction regarding parking set asides in front of
major retailer tenants.
Councilmember Parks stated he believes the big box users need to be accommodated in order
to gain concessions in other areas, and suggested softening parking with landscaping.
Sam Morasco, San Diego, voiced his opinion on the importance of road systems, land massing
that isn't necessarily rectangular and the use of water to beautify a project.
Planning Director Thornhill stated that the City has made concessions regarding the field of
parking in front of big box users to gain concessions on other portions of the site.
Mayor Pro Tem Lindemans stated his priority would be width of sidewalks around the buildings
and suggested developing a Guidelines Booklet for distribution.
CITY MANAGER'S REPORT
None given.
CITY ATTORNEY'S REPORT
None given.
R:~iende~022716
ADJOURNMENT
It was moved by Councilmember Parks, seconded by Councilmember Roberrs to adjourn at 9:23 PM
to a meeting on February 28, 1995, Community Recreation Center, 30875 Rancho Vista Road,
Temecula, California.
Jeffrey E. Stone, Mayor
ATTEST:
June S. Greek, City Clerk
R:%,AOende%022196 3
ITEM 3
RESOL~ON NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF 'TEHECIH, A AfJ-0WING CERTAIN CIAIMS AND
DEMANDS AS SET FORTH IN ~:xHsRIT A
THE CITY COUNCIL OF THE CITY OF TI~iF_.CI,~LA DOES RESOLVE,
DETERIvHNE 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 mount of
$838,672.56.
Section 2. The City Clerk shall certify the adoption of this resolution.
APPROVED AND ADOPTED, this 14th day of March, 1995.
ATTEST:
Jeffrey E. Stone, Mayor
June S. Greek, City Clerk, CMC
[SEAL]
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) 5S
CITY OF TEMECULA)
I, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the
foregoing Resolution No. 95- was duly adopted at a regular meeting of the City Council of the
City of Temecula on the 14th day of March, 1995 by the following roll call vote:
AYES: 0
NOES: 0
ABSENT: 0
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMF~MBERS: None
June S. Greek, City Clerk, CMC
IIz$o$ 51
CITY OF TEMECULA
LIST OF DEMANDS
02/23/95 TOTAL CHECK RUN:
,
03/02/95 TOTAL CHECK RUN:
03/14/95 TOTAL CHECK RUN:
02/23/95 TOTAL PAYROLL:
TOTAL LIST OF DEMANDS FOR 03114/95 COUNCIL MEETING:
DISBURSEMENTS BY FUND:
CHECKS:
001 GENERAL
103 GAS TAX
12O DEVELOPMENT IMPACT FUND
140 COMMUNITY DEV BLOCK GRANT
165 RDA-LOW/MOD
190 COMMUNITY SERVICES DISTRICT
191 TCSD SERVICE LEVEL A
192 TCSD SERVICE LEVEL B
193 TCSD SERVICE LEVEL C
194 TCSD SERVICE LEVEL D
210 CAPITAL IMPROVEMENT PROJ (CIP)
220 MARGARITA ROAD REIMB. DIST.
250 CAPITAL PROJECTS - TCSD
280 RDA-CIP
300 INSURANCE
310 VEHICLES
320 INFORMATIONS SYSTEMS
330 SUPPORT SERVICES
340 FACILITIES
380 RDA-DEBT SERVICE
390 TCSD DEBT SERVICE
PAYROLL:
001 GENERAL
1 oo GAS TAX
165 RDA-LOW/MOD
190 TCSD
191 TCSD SERVICE LEVEL A
182 TCSD SERVICE LEVEL B
193 TCSD SERVICE LEVEL C
280 RDA-CIP
300 INSURANCE
320 INFORMATION SYSTEMS
330 SUPPORT SERVICES
340 FACILITIES
TOTAL BY FUND:
RONALD E. BRADLEY, CITY MANAGER
$ 6~,879.37
44,667.39
612,621.18
111,504.62
$ 658,672.56
89,471.63
107,093.3~
0.00
0.00
4,784.62
37,049.02
442.72
251.50
1,424.27
0.00
455,934.95
0.00
0.00
6,713.66
3,432.13
0.03
5,281.1 9
3,084.23
12,204.63
0.00
0.00
$ 727,167.94
68,418.03
14,773.62
654.93
19,441.6'2
472.33
557.80
1,338.64
364.35
264.28
1,469.03
288.71
1,981
111,504.62
338,672.56
, HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
, HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
VOUCHRE2
OZIZ~I9~
14:52
CITY OF TENECULA
VaJCHER/CHECk: REGISTER
FOR ALL PERI(X)S
FUMD TITLE
001 GENERAL FUND
100 GAS TAX FUND
165 RDA DEV- LOI//NOD SET ASIDE
190 COMNUNZTY SERVXCES DISTRICT
191 TCSD SERVICE LEVEL A
192 TCSD SERVICE LEVEL B
193 TCSD SERVICE LEVEL C
210 CAPITAL INPROVENENT PROJ FUND
280 REDEVELOPNENT AGENCy - CIP
300 INSURANCE FUND
320 INFORNATION SYSTENS
330 SUPPORT SERVICES
340 FACILITIES
TOTAL
ANOUNT
37,545.44
12,154.54
234.37
12,729.91
442.72
251.50
1,424.27
617.81
110.87
3,5/,8.61
98.11
6~1.~7
69,879.37
CITY OF TENECULA
14:52 VOUCHER/CHECK REGISTER
FOR ALL PERIODS
PAG~
VOUCHER/
CHECK CHECK VEIQOR VENDOR /TEN ACCOUNT
NLIIBER DATE NUIIER MANE DESCRXPTIOR NUIIER
ITEN
ANOUNT
CHECK
NK)UNT
~99 02/23/~5 000283 FIRSTAX (IRS) 000283 FEDERAL 001-2070
469499 02/23/~5 00028:$ FIRSTAX (IRS) 000283 FEDERAL 100-2070
4&W,99 02/Z~/~5 000283 FIRSTAX ([RS) 00028~ FEDERAL 165-2070
~99 02/Z$/~5 00028~ F l RSTAX ( l RS ) 000283 FEDERAL 1 ~0- 2070
/,&~699 02/2~/~5 00028~ FIRSTAX (IRS) 000283 FEDERAL 191-2070
/,~99 02/2~/~5 000283 FIRSTAX (IRS) 000283 FEDERAL 192-2070
~99 02/23/~5 000283 FIRSTAX (IRS) 000283 FEDERAL 1~3-2070
/,&~99 02/Z~/~5 000283 FIRSTAX (]RS) 00028:$ FEDERAL 280-2070
4694~ 02/23/~5 000283 FIRSTAX (]AS) 000283 FEDERAL .300-2070
4~499 02/23/~5 00028~ FIRSTN((IRS) 000285 FEDERAL 320-2070
A&9499 02/23/~5 000283 F I RSTAX ( ! AS) 00028~ FEDERAL ~ - 2070
46~499 02/23/~5 000283 FIRSTAX (IRS) 000283 FEDERAL 340-2070
469499 02/Z$/~5 00028~ FIRSTAX (IRS) 000283 NED]CARE 001-2070
~99 02/2~/~5 00028~ FIRSTAX (IRS) 000283 HEDICARE 100-2070
4694~9 02/23/~5 00028~ F [ RSTAX ( I RS ) 000283 NED I CARE 165 -2070
469499 02/23/~5 00028~ FIRSTAX (IRS) 000283 NED]CARE 1~0-2070
469499 02/23/~5 00028~ FIRSTAX (IRS) 000283 HEDICARE 191-2070
46~499 02/2J/~5 00028~ FIRSTAX (IRS) 000283 MEDICARE 192-2070
469499 02/23/~5 000283 FIRSTAX (IRS) 000283 NEDICARE 1~-2070
4&W,99 02/2~/~5 00028~ FIRSTAX (IRS) 000283 NEDICARE 280-2070
46W,99 02/2~/~5 00028~ F I RSTAX ( I RS ) 00028~ NED I CARE 300 - 2070
~ 02/23/~5 000285 FIRSTAX (IRS) 000283 NEDICARE 320-2070
4 02/23/95 OD028~ FIRSTAX ([RS) 000283 HEDICARE 330-2070
/,~..~ 02/2~/~5 00028~ FIRSTAX (IRS) 00028~ HEDICARE ~40-2070
10,0~1.26
2,225.28
8~.27
2,4~0.31
59.19
213.80
21.30
26~.~0
118.~
2,522.28
526.72
~7.50
17.~
20.76
~.10
11.56
8.67
57.~
9.~
~ .32
19,619:12
999999 02/23/95 O00~z~ FIRSTAX (EDD) OOCK-~ SDI 001-2070
,999999,,, 02/23/95 0004A4 FIRSTAX (EDD) O00AZ~ SDI 100-2070
~ 02/23/~5 0004~4 FIRSTAX (EDD) O00~-~ SOl 190-2070
~ 02/23/95 00(:)~ FIRSTAX (EDD) 00()~ STATE 001-2070
~ 02/2~/~5 0004~4 FIRSTAX (EDD) 000~/;/~ STATE 100-2070
~ 02/2~/95 0004~ FIRSTAX (EDD) OOC~ STATE 165-2070
~ 02/23/95 000/~ FIRSTAX (EDD) OOCJ~-z~ STATE 190-2070
9999~ 02/23/95 O0(:),E~4~ F/RSTAX (EDD) O00/:z.-': STATE 191-2070
~ 02/23/95 O00&~ FIRSTAX (EDD) 000/:~z. STATE 192-2070
~ 02/23/~5 0013~4 FIRSTAX (EDD) 000/.-/.-z. STATE 193-2070
~ 02/23/~5 000/~4 FIRSTAX (EDD) 000/:/:/: STATE 280-2070
999999 02/23/95 000~ FIRSTAX (EDD) 000/:/:/: STATE 300-2070
999999 02/23/95 000444 FIRSTAX (EDD) OOO/:/:/: STATE 320-2070
999999 02/23/95 000/~4 FIRSTAX (EDD) 000/:/:/: STATE 330-2070
~ 02/23/95 000/~4 FIRSTAX (EDD) OOL~:/:~ STATE :~0-2070
40.48
10.69
31.07
2,63~.86
572.29
19.60
535.66
16.76
7.38
45.86
8.12
7.33
3.01
13.64
22413 02/23/95 000724 A & R CUSTOM SCREEN PRI SPORTS PROGRAMS AMANDS
190-183-999-5M0
758.59
758.59 -
22414 021231955
ATLANTIC RICHFIELD COHP GRADING BOND RELEASE tqJ)~-OW, 001-2670
1,500. O0
1,500,00
22415 02/23/95 000679 BOGRAPHI~ PRINTING PLU BUSINESS CARDS-R. RORERTS 001-100-999-5220
22415 02/23/95 000679 BOGRAPHICS PRINTING PLU BUSINESS CARDS-JEFFREY STONE 001-100-999-5220
22415 02/23/95 000679 BOGRAPNICS PRINTING PLU TAX 001-100-999-5220
22415 02/23/95 000679 BOGRAPHICS PRINTING PLU BUSINESS CARDS:K. LINDENANS 001-100-999-5220
~ 02/23/95 000679 BOGRAPHiCS PRINTING PLU TAX 001-100-999-5220
205.91
VOUCHRE2
02/23/95
VDIJCHER/
CHECK
NtNBER
22416
22417
22418
22418
22619
22420
22420
22420
22420
22420
22420
22420
22421
22422
22422
22423
22424
22424
22425
22426
22426
22427
22427
22427
22428
22428
22429
22429
22429
22430
22430
22430
22430
22430
22431
14:52
CHECK
DATE
02123195
02/23/95
02/23/95
02/23/95
02/23/95
02123195
02123195
02/23/95
02/23/95
02/2~/95
02/23/95
02/23/95
02/23/95
02/23/95
02/23/95
02/23/95
02/2~/95
02/23/95
02/23/95
02/23/95
02/23/95
02/2~/95
02/23/95
02/23/95
02/23/95
02/23/95
02123/95
02/23/95
02/23/95
02/2J/95
02/23/95
02/23/95
02/23/95
02/23/95
02123195
mE'R
001089
1)00127
000127
000130
OO0135
000135
OOO135
000135
000135
000135
000135
001555
000155
000155
00167'3
001669
001669
001380
001002
001002
000648
000648
0006/,8
000184
000184
000177
000177
000177
000178
000178
000178
000178
000178
001609
BRANCH'HAERTLE, KANDIS
CALIFORNIA DEBT ADVISOR
.CALIFORNIAN, INC. -LEGA
CALIFORNIAN, INC. 'LEGA
CANYON REPROGRAPHICS
CENTRAL CITIES SIGN SER
CENTRAL CITIES SIGN SER
CENTRAL CITIES SIGN
CENTRAL CITIES SIGN
CENTRAL CITIES SIGN SER
CENTRAL CITIES SIGN SER
CENTRAL CITIES SIGN SER
CHRISTOPHERSON FIRE PRO
DAVLIN
DAVL]N
DIVERSIFIED TEMPORARY S
DUNN EDgARDS CORPORATIO
DUNN EDtJARDS CORPORATIO
E S I EMPLOYMENT SERVIC
FIRST INTERSTATE BANK C
FIRST INTERSTATE BANK C
GEOS
GEOS
GEOS
G T E CALIFORNIA - PAYM
G T E CALIFORNIA - PAYM
GLENNIES OFFICE PRODUCT
GLENNIES OFFICE PROIMJCT
GLENNIES OFFICE PRODUCT
GOLDEN STATE TRADING CO
GOLDEN STATE TRADING CO
GOLDEN STATE TRADING CO
GOLDEN STATE TRADING CO
GOLDEN STATE TRADING CO
GREATER ALARM COMPANY,
CITY OF TENECULA
VOUCHER/CHECK REGISTER
FOR ALL PERI00S
ITEM
DESCEIPTIGN
REFUND FOR TCSO CLASS
WCSHP:DEBT FINAIICING:T.NCDERNO
NOTICE OF PUBLIC.NEARINGS
NOTICE OF PUBLIC HEARINGS
ENLARGEMENT FOR COUNCIL PRESEN
DURA BASE POST
DURA BASE POST
TAX
PALA RD CONSTRUCTION SIGNs
TAX
OVERLAY SIGN
TAX
CRC 6 MONTHS NAINT ON FIRE SYS
PLANNING COIN TAPING 2/6/95
TAPING OF 2/14 COUNCIL MEETING
TEMP HELP g/E 2/5 FRITCHEY
GRAFFIT! RECYCLED PAINT
TAX
M BURNELL PROF SERVICES APR-JU
34T3 ~ 0391 0081 RR
5473 6(~4 0391 0032 MJM
PRKVIEW FIRE STATION BLUEPRINT
PRKVIEW FIRE STATION BLUEPRINT
PRKVIEW FIRE STATION BLUEPRINT
909 694-1993 GEM
909 699-8652 GEM
CASH REGISTER:8 DEPT FUNCITIOR
TAX
MISC OFFICE SUPPLIES/FINANCE
1.~, TEAC DRIVE
HARD DRIVE IDE
MOTHERBOARD DX2-66 OK
FREIGHT
TAX
ALARM MONITORING t CITY HALL
ACCOUNT
NLllER
190-183-4982
001 - 140-999-5261
O01 - 161 - 999 -5256
001 - 120-999-5256
190-180-999-5268
100-164 -601-524~
100-164-601-5244
100-164-601-5244
100-164-601-52/~.
100-164-601-52~4
100-164-601-52~
100-164-601-52~
190-182-999-5250
001 - 161-999-5250
O01 - 100- 999-5230
001-161-999-5118
100-164-601-5218
100-164-601-5218
001-162-999-5250
001-100-999-5258
001-110-999-5260
210-190-626-5802
210-190-626-5802
210-190-626-5802
320-199-999-5208
320-199-999-5208
190-180-999-5220
190-180-999-5220
001-160-999-5220
320-199-999-5215
320-199-999-5215
320-199-999-5215
320-199-999-5215
320-199-999-5215
340-199-999-5250
ITEM
AMOUNT
65.00
125.00
14.55
30.00
400. O0
33.33
115.00
8.91
33.75
1.86
72.00
153.34
780.00
100.00
7.75
1,518.33
1,012.25
20.24
19.88
24.73
17.78
1,115.86
32.30
495.OO
38.36
59.09
111.00
~0.00
290.00
15.00
65.18
35.00
125.00
211.80
14.55
612.~
72.00
853
107.75
1,518.33
1,032.49
62.39
1,148.16
592.45
921.18
VOUCHER/
CHECK
NUMBER
22432
22433
2243~
22434
2243~
224:~
2243~
22635
22~3~
22~37
22~38
22~39
22~1
22~2
22~2
22~3
22~
22~5
22~&
22~&
22~7
22~8
22~8
22~9
22~9
2~
2'
14:52
CHECK
DATE
02/23/95
02/23/95
02123195
02123195
02/23/95
02/23/95
02/2)/95
02123195
02/23/95
02/23/95
02/23/95
02/23/95
02/23/95
02123195
02/23/95
02/23/95
02/23/95
02/23/95
02123195
02/23/95
02/23/95
02/23/95
02/23/95
02/23/95
02/23/95
02/23/95
02/23/95
02/23/95
02/23/95
02/23/95
02123195
02/23/95
02123195
32123195
CITY OF TENECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VENDOR I/ENDOR ITEM ACCOUNT ITEM
liLIMBER ~ DESCRIPTIOM NUMBER fT
001158 HOLIDAY INN
HOTEL ACC(INODATIONS
HOLLINGSHORTH, KAREN REFUND FOR TC$O CLASS
0001;4 I c M A RETIREMENT TRUS 0001;4 DEF COI4P
000196 I C M A RETIREMENT TRUS 0001;4 DEF CORP
0001;4 I C M A RETIRERENT TRUS 000194 DEF COMP
0001;4 I C M A RETIRERENT TRUS 000196 DEF COHP
0001;4 I C M A RETIREMENT TRUS 000196 DEF COMP
0001;4 I C N A RETIRERENT TRUS 0001;4 DEF CONP
0001;4 I C N A RETIRElENT TITUS 000196 DEF COMP
001377 INLAND EMPIRE NANAGER'S ;4/~5 DUES
001407 INTER VALLEY POOL SUPPL HIS( POOL SIJPPLIES
KIMBALL, SANDleA
REFUND FOR TCSD CLASS
000206 KINKO'S OF RIVERSIDE, I STATIONERY PAPER
KNIGHT, KARL
REFUND SECUR]TY DEPOSIT
00020~ L & M FERTILIZER, INC. HIS( NAINT PANTS FOR TCSD
00153~ LA MASTERS OF FINE TRAV R.RORERTS FLT TO SAN JOSE 3/1
0011~ LEAGUE OF CAL. CITIES - HOTEL RESERVATIONS FOR 3/22-26
0011~ LEAGUE OF CAL. CITIES - HOTEL RESERVATIONS FOR 3/22-26
001513 LIBERTY AUTO CENTER TCSD VEHICLES REPAIRS & PAINT
001865 M C I TELECOHI4UNICATIUN YO21f'526 GEM
MCDONALD, LINDA
REFUND FOR TCSD CLASS
000883
000883
000883
000883
000883
IqC)NTELEONE EXCAVATING
MONTELEONE EXCAVATING
NONTELEORE EXCAVATING
MONTELEORE EXCAVATING
MONTELEONE EXCAVATING
TRASH PUMP RENTAL FOR 3 DAYS
REMOVAL OF SILT AND DEBRIS
ERERG. RD GRADING FOR LIEFER R
REMOVAL OF SILT AND DEBRIS
REMOVAL OF SILT & DEBRIS
000240 ORANGE COUNTY STRIPING PAINT NUHBERS FOR MATER LEVEL
000241 ORANGE SPORTING GOODS, 18 DZ SOFTBALLS-WHITE
000261 ORANGE SPORTING GOOOS, FREIGHT
000261 ORANGE SPORTING GOOOS, TAX
0002/,6 PERS (EMPLOYEES' RETIRE 000266 PER REDE
000246 PERS (EMPLOYEES' RETIRE 000266 PERS RET
000266 PERS (EMPLOYEES' RETIRE 000246,6 PERS RET
000246 PERS (EMPLOYEES' RETIRE 000246 PERS RET
1~0-180-~-5258
190-183-4982
001-2080
100-2080
190-2080
191-2080
192-2080
195-2080
340-2080
001-110-f9~-5226
190-182-~9~-5212
190-183-6982
190-180-999-5220
1~.,X)-180-~9~-5262
001-100-999-5258
001-161-~99-5258
001-161-~-5272
190-180-99~-5214
320-1~-~-5208
190-183-4982
100-1(~.-601-5238
100-164-&01-5601
100-164-601-5602
100-166-601-5401
100-1(~.-601-5601
100-166-&01-5401
190-183-999-5380
190-183-99~-5380
190-183-999-5380
001-2130
001-2390
100-23~0
165-2390
1,287.00
42.00
963.65
675.98
65.51
75.00
80.O6
22.5O
3;4.15
100,00
19.36
119.00
lOO.O0
500.00
21.03
5O7.34
225.00
670.00
768.00
1,680.00
1,320.00
765.00
711.00
18.54
55,10
43.06
11,686.16
2,304.13
108.84
PAGE 3
CHECK
AIIX~T
1 ,UT.oo
42.00
,9"Z9.14
20.00
26.00
86.95
100.00
19;36
119.00
600.00
21.03
507.34
~.~
4,463.00
765.00
VOUCHRE2
02123195
VO~JCHER/
CHECK
NUMBER
22;,49
22449
22/,49
22449
22~.9
22/,49
22~,9
22~,9
22~9
224/,9
22449
~9
~9
22~9
22~9
22~9
22~9
22~9
22~9
22~9
22450
22451
22451
22451
22452
22453
22453
22453
22454
22454
22455
22455
22456
22457
22458
22459
22460
22461
14:52
CHECK
DATE
02/23/95
02123195
02123195
02123195
02123195
02123195
02123195
02/23/95
02123195
02123195
02/23/95
02123195
02123195
02/23/95
02123195
02123195
02/23/95
02/23/95
02123195
02123195
02/23/95
02123195
02/23/95
02/23/95
02/23/95
02/23/95
02/23/95
02/23/95
02/23/95
02/23/g5
02/23/95
02/23/95
02/23/95
02/23/95
02/23/95
02/23/95
02/23/95
02/23/95
02/23/~5
/R
00024,6
0002/,6
0002~
0002~
0002/,6
0002/~
0002~
000246
0002/,6
0002~
0002/,6
0002/,6
0002~
000246
0002/,6
000246
000246
000246
000246
000246
000246
000580
000253
000253
000253
000255
000947
000947
000947
000262
000262
000537
000537
001212
00O375
000291
001633
PERS (EMPLOYEES' RETIRE
PERS (EMPLOYEES' RETIRE
PERS (EMPLOYEES' RETIRE
PENS (EMPLOYEES' RETIRE
PENS CEIeLOYEES' RETIRE
PENS (EMPLOYEES' RETIRE
PENS (EHPLOYEES' RETIRE
PENS (EMPLOYEES' RETIRE
PENS (EMPLOYEES' RETIRE
PERS (EMPLOYEES' RETIRE
PENS (EMPLOYEES' RETIRE
PENS (EHPLOYEES' RETIRE
PENS (EIFLOYEES' RETIRE
PENS (BFLOYEES' RETIRE
PERS (EHPLOYRES' RETIRE
PENS (EMPLOYEES' RETIRE
PENS (EHPLOYEES' RETIRE
PENS (EMPLOYEES' RETIRE
PENS (EMPLOYEES' RETIRE
PENS (EMPLOYEES' RETIRE
PENS (EMPLOYEES' RETIRE
PHOTO WORKS
POSTMASTER
POSTMASTER
POSTMASTER
PRO LOCK & KEY
RANCHO BELL BLUEPRINT C
RANCHO BELL BLUEPRINT C
RANCHO BELL BLUEPRINT C
RANCHO CALIFORNIA k~kTER
RANCHO CALIFORNIA ~ATER
SOUTHERN CALIF BISON -
SOUTHERN CALZF EDISON -
SOUTHERN CAL[F GAS COMP
SOUTHERN CALIF TELEPHOR
SPEE DEE OIL CHANGE & T
TEMECULA PLAY & LEARN S
TEMECULA VALLEY ECONON[
TEMECULA VLLY SOCCER CL
CITY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
[TEN
DESCRIPTION
0002/,6 PENS NET
000246 PERS NET
0002A6 PERS RET
0002/,6 PERS NET
000246 PENS NET
0002~6 PENS NET
0002/,6 PENS NET
0002~6 PENS NET
000246 PENS NET
0002~6 StJRVIVOR
0002~6 SURVIVOR
0002~6 SURVIVOR
0002~6 SURVIVOR
0002~6 SURVIVOR
0002~6 SURVIVOR
0002/,6 SURVIVOR
000246 S~IRVIVOR
0002~6 SURVIVOR
0002/,6 SURVIVOR
0002~6 SURVIVOR
0002~6 SlJRVIV0~
FILM AND SLIDE DEVELOPMENT
EXPRESS NAIL
EXPRESS NAIL
EXPRESS NAIL
LOCKSMITH SERVICES
COPIES OF BLUEPRINTS
BLUEPRINT REPRODUCTION FOR I,AN
BLUEPR]NT REPRODUCTION
HATER SERVICE 12/27 - 1/25/95
WATER SERVICE 12/27 - 1/25/~5
59-T/'-416-2147-01 1/12-2/9/95
66-T/-7~5-0002-01 12/21-1/20
07-8274-036-1451-3 1/10-2/9/95
~0~ 2024752 SN
REPAIR & NAINT OF B&S VEHICLES
REFUND SECURITY DEPOSIT
EDC QTLY LUNCHEOR 312 RB & MJM
REFUND KEY DEPOSIT
ACCOUNT
NUMBER
190-2390
191-2390
192-2390
193-2390
280-2390
300-2390
320-2:590
330-2390
,
191
1~2-2390
1~-2390
280-2390
300-2390
320-2390
330-2390
3~0 - 2390
lf~)-180-~-5301
001-120-~-5230
001-161-999-5230
001-140-~-5230
190-180-~-5212
001-161-~9-5224
001-163-~-5268
210-165-625-5802
190-180-~-5240
193-180-~-5240
191-180-~-5240
191-180-~-5319
190-181-~-5240
1~)-180-~-5208
001-162-~-5214
190-2~)0
001-110-~-5258
ITEM
NI31JNT
2,872.17
89.91
88.24
319.45
61.17
37.42
268.21
49.89
301.05
47.39
10.78
12.51
.42
1.~,
.19
.23
2.00
28.71
47.40
51.50
10.75
32.33
38.52
18.W>
56.89
191.32
699.56
15.40
187.54
71.39
87.51
23.42
100.00
50.00
40.00
CHE(3(
N4OUMT
18,307.80
;
109.65
32.33
114.37
890.88
202.~
71.39
87.51
23.42
100.00
50.00
VOUCHER/
CHECK
NI.NBER
22463
22/,64
14:52
CHECK
DATE
021Z$195
02/23/~5
02/2~/~5
VENDOR
NtJIqBER
000320
000826
VENDOR
NH
TiE CENTER STATIONERS
TRAVEL TRUST
TURNER, TRAV]S
CITY OF TENECULA
VOUCHER/CNECK REGISTER
FOR ALL PERICOS
]TEN
DESOR]PT]ON
OFFICE SlJPPL]ES FOR Pg
CPRS CORF: J. STORE: SAN JOSE
REFUNDSECURITY-DEPOSIT
22465 02/Z~/95 001065 U S C N/PEBSCO (DEF. C 001065 DEF CONP
22465 02/23/95 0010~5 U S C N/PEBSCO (DEF. C 001065 DEF ~
22465 02/23/95 001065 U S C N/PEBSCO (DEF. C 001065 DEF COle
22465 02/23/95 001065 U S C N/PEBSCO (DEF. C 001065 DEF ~
22465 02/23/95 001065 U S C N/PEBSCO (DEF. C 001065 DEF CO~P
22465 02/23/95 001065 U S C H/PEBSCO (DEF. C 001065 DEF COFIP
22466 02/23/95 000389 U S C H/PEBSCO (OBRA) 000389 PT RETIR
22466 02/23/95 000389 U S C H/PEBSCO COBRA) 000389 PT RETIR
22466 02/23/95 000389 U S C N/PEBSCO (ORRA) 000389 PT RETIR
22467
22467
22467
22467
22468
22468
22468
22469
000325
000325
000325
000325
000326
000326
000326
000326
000326
000539
000346
22470
22471
22472
02/23/95
02/23/95
02/23/95
02/23/95
UNITED HAY OF THE/NLAN 000325 IN
UNITED gAY OF THE ]NLAN 000325 IN
UNITED WAY OF THE INLAN 000325 IN
UNITED WAY OF THE ]NLAN 000325 IN
UNITOG RENTAL SERVICE,
UNZTOG RENTAL SERVICE,
UNZTO6 RENTAL SERVICE,
UNITIX] RENTAL SERVICE,
UNITOG RENTAL SERVICE,
WIMMER YANADA ASSOCIATE
W/NDSONG HARMONY CHORUS
HR]GHT, GRETCHEN
YATES, GRANT
02/23/95
02/23/95
02/23/95
02/23/95
02/23/95
02/2)/95
02/23/95
02/23/95
02/23/95
UNIFORIqS RAINT FOR Pg
UNIFORHRAINT. FOR TCSD
FLOOR HATS RENTAL i CITY HALL
FLOOR HATS RENTAL I CRC
FLOOR HATS RENTAL i SR CNTR
FIELD SURVEY FOR DEC 9~
REFUND SECURITY DEPOSIT
REFUND FOB TCSO CLASS
SUPPLIES FOB STATE OF THE CITY
ACCOUNT
NU!iER
100-16~-604-5220
001 - 100-999-5258
190-2900
001-2080
100-2080
190-2080
300-2080
320-2080
340-2080
001-2160
100-2160
190-2160
001-2120
100-2120
190-2120
280-2120
100-164-601-5243
190-180-999-5243
340-199-999-5250
190-182-999-5250
190-181-999-5250
210-190-120-5802
190-2900
190-183-4982
001-150-999-5265
I TEN
AMOUNT
81
1/,4.00
100.00
2,110.73
132.2]
271.50
5.00
312.50
50.00
303.60
80.20
239.28
59.35
10.05
17.00
.60
25.66
16.85
34.50
46.64
16.75
498.53
100.00
65.00
82.13
PAGE
CHECK
:81.29
1~.00
100.00
2,881
62].08
87.00
140.20
498.53
100.00
65.00
82.13
TOTAL CHECKS
69,879.37
VOIJCHRE2
03/02/~5
14:05
CiTY OF TEMECULA
VOUCHER/CHECK REGISTER
FOR ALL PERiI:X)S
FUND TITLE
001 GENERAL FUND
100 GAS TAX FUND
190 COHHUNITY SERVICES DISTRICT
210 CAPITAL IMPROVEHENT PROJ FUND
320 INFORRATION SYSTENS
330 SUPPORT SERVICES
:~0 FACILITIES
TOTAL
AIIOUNT
7,764.83
5,556.40
14,3Z,5.92
718.38
1,732.58
2,986.12
11,563.16
4~,667.39
vol/Fu~E2
VOUCHER/
CHECK
NUMBER
22473
22477
22477
22478
22479
22480
22480
22~80
22480
22~80
22480
22481
22482
22482
22482
2248~
22484
22484
22485
22486
22487
22488
22489
22490
22490
22490
22490
22491
22491
22491
22491
14:05
CHECK
DATE
02/27/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/~5
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/~5
03/02/95
03/02/95
03/02/~5
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
VENOOR
IIIBER
000724
000724
001674
000112
000101
000101
000101
000101
000101
000101
000427
000122
000122
000122
000122
000122
000622
000679
000679
001439
0008~9
001054
000126
000398
000135
000135
000135
000135
0001)6
000136
0001:56
000136
000137
000137
CITY OF TEMECtJLA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VENDOR
MANE
INSTITUTE OF TRANSPORTA
A & R LUSTOIl SCREEN PRI
A '& R CUSTOH SCREEN PRI
ADKINS, RORERT STEVEN
AMERICAN PLANNING ASS(X:
APPLE ORE, INC.
APPLE ORE, INC.
APPLE ONE, INC.
APPLE ORE, INC.
APPLE ONE, INC.
APPLE ONE, INC.
ARTESIA IMPLEMENT, INC.
B S i SPORTS
B S N SPORTS
B S N SPORTS
B S N SPORTS
B S N SPORTS
BANTA ELECTRIC-REFRIGER
BOGRAPHICS PRINTING PLU
BOGRAPHICS PRINTING PLU
BRYAN~'S DOG TRAINING
CELSOC
CALIFORNIA BUILDING OFF
ITEM
DESCR l PT
CERT PROG LEVEL 1: LAUBER
SPORTS PROGRN4S AMARDS
SPORTS PROGRN4S AI/ARDS
TCSO INSTRUCTOR EARNINGS
ADVISORY SERV]CE FEE
TEMP HELP WE 1/21 ELKAS
TEMP HELP WE 1/28 KLLIKAS
TEMP HELPWE 2/4 KLUKAS
TEMP HELP M/E 2/11KLUr,.AS
TEMP HELP M/E 2/18 KLLIKAS
TEI4P HELP M/E 2/18 POMELL
REPAIR & MAINT TCSD TRACTOR
BASKETBALL SCOREBOOKS
VOLLEYBALL SCOREBOOKS
PENNART STREAMERS
FREIGHT
TAX
REPAZRS AT CITY YARD
MEMO FORM PAPER
TAX
TCSD INSTRUCTON EARNINGS
STATE LAMS GUIDELINES
CONF: CALBO ANNUAL T.ELMO
CALIFORNIA LANDSCAPE HA EXTRA MORK i NEIGHBORHO00 PItKS
CALIFORNIA MUNICIPAL DUES FOR APR 95-HAR 96
CENTRAL CITIES SIGN SER
CENTRAL CITIES SIGN $ER
CENTHAL CITIES SIGN SER
CENTHAL CITIES SIGN SER
SIGN SUPPLIES P.M. DEPT.
TAX
SIGN SUPPLIES P.M. DEPT.
TAX
CHESHERS' CUSTOM EMBROI
CHESHERS' CUSTOM ENBROI
CHESHERS' CUSTaq ENBROI
CHESHERS' LUSTCN ENBROI
STAFF UNIFORM JACKETS
STAFF UNIFORM JACKETS
STAFF UNIFORM JACKETS
TAX
CHEVRON U S A INC.
CHEVRON U S A INC.
FUEL EXPENSE
FUEL EXPENSE
ACCOUNT
NLllER
100-164-602-5261
1~0-183-~-5380
190-183-999-5~80
1~0-183-~;~-5330
001-161-999-5226
001-140-999-5118
001-140-999-5118
001-140-999-5118
001-140-999-5118
001-140-999-5118
190-180-999-5118
190-180-999-5214
190-180-999-5301
190-180-999-5301
190-180-999-5301
190-180-999-5301
190-180-999-5301
100-16~-601-5250
190-180-999-5220
190-180-999-5220
1~0-183-~-5330
100-164-604-5228
001-162-999-5258
190-182-999-5415
001-140-999-5226
100-164-601-524~
100-164-601-5244
100-16~-601-5244
100-164-601-52/~
190-180-999-5243
190-180-999-5243
190-180-999-5243
190-180-999-5243
001-170-999-5262
001-163-999-5263
ITEM
N4OIJNT
200. O0
328.25
317.17
91.20
:530.00
412.80
496.65
516.00
516.00
412.80
144.48
128.04
,t~...25
39.00
102.50
20.4)
14.40
123.71
15.95
1.24
472.00
~ .32
295. O0
47.00
73.00
64,8.90
50.29
141.10
10.9/,
3~.00
120.00
228.00
57.8~
80.85
9.78
PAGE 1
CHECK
AMOUNT
200.00
645.42
91.20
330. O0
2,498.73
128.04
220.58
123.71
17.19
472. O0
63.32
295.00
47.00
73.00
851.23
804.89
90,63
VOUCHRE2
03/02/95 14.:05
VOUCHER/
CHECK CHECK
NUNBER DATE
224.9*.5 03/02195
224.93 03/02/95
224.94. 03/02/95
224.95 03102195
224.96 03/02/95
224.97 03/02/95
224.98 03/02/95
224.99 03/02/95
22500 03/02/95
22501 03/02/95
22502 03/02/95
22503 03/02/95
2250~ 03/02/95
2250~ 03/02/95
22505 03/02/95
22506 03/02/95
22507 03/02/95
22508 03/02/95
22509 03/02/95
22510 03/02/95
22511 03/02/95
22512 03/02/95
22513 03/02/95
22514. 03/02/95
22515* 03/02/95
22516 03/02/95
22517 03/02/95
CITY OF TENEClJLA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VENDOR VENDOR
IIIER NANE
000138 CITICORP NORTH NiERICA
000138 CITICORP NORTH AMERICA
000912 CITY CLERKS ASSOC, OF C
0004~7 COIqTRONIX OF HENET
0014.:34 COUCH, COLETTE
001535 CREEgSIDE TEXACO, ]NC.
001873 CROBARGER, RICHARD
001542 DEFABIIS, SEAN-PAUL MIC
001673 DIVERSIFIED TEMPORARY S
000165 FEDERAL EXPRESS, INC.
000803 FLAGHOUSE, INC.
000184 G T E CALIFORNIA - PAYM
000177 GLENNIES OFFICE PROOUCT
000177 GLENNIES OFFICE PRODUCT
GLIDERSPORT INTERRATION
000178
001869 GONZALEZ, CATHY
000175 GOVERNBENT FINANC]AL OF
001697 HALL, NANCY LEE
000366 HARRINGTON, K~VIN
000806 HOUARD, BOBBY
000695 INSTITUTE OF TRANSPORTA
000202 J F DAV]D$DN A550CIATE$
001871 JONES, DEE
000886 KHALSA, ATNA KAUR
KN/EPKANP, KINBERLY
001282 KNDRR POOL SYSTEMS,
ITEM
DESCRIPTION
LEASE PNT ON TELEPHONES
LEASE Ptrr ON TELEPHONES
ANNUAL COtIF, J, GREEK 4./26-28
BATTERY FOR HAND HELD RADIO
TCSD INSTRUCTOR EARNINGS
VEHICLE NAINT, P.U. DEPT.
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TEHP HELP HIE 2/19 FRITCHEY
EXPRESS NAIL SERVICE
5 DELUXE CHESS SETS
909699-24.75 GEN
OFFICE SUPPLIES FOR E.O.C.
OFFICE SUPPLIES/TCSD
REFUND SECURITY DEPOSIT
COLDEN STATE TRADING CO NISC COMPUTER SUPPLIES
PNT FOR TCSD INSTRUCTOR
GAAFE REVIEH NAY 95-APR 96
TCSD INSTRUCTON EARNINGS
VORKBCOTS REZHBURSNENT
TCSD INSTRUCTON EARNINGS
RENAINING BALANCE DUE
DESIGN RANCHO SPTS PRK JAN 95
TCSD ]NSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
REFUND FOR TCSD CLASS
HISC POOL SUPPLIES i CRC
ACCOUNT
NUHBER
320-199-999-5391
320 - 2800
001-120-999-5258
100-164-601-5242
190-183-999-5330
100-16~-601-5214
190-183-999-5330
190-183-999-5330
001-161-999-5118
001-162=999-5;Z$0
190-180-999-5:501
100-164-601-5208
001-110-999-524.,2
190-180-999-5220
190-2900
320 - 199-999- 5221
190-183-999-5330
001 - 140 - 999- 5228
190-18~-999-5330
190-180-999-524.3
190-183-999-5330
100-164-604,-5228
210-190-137-5802
190-183-999-5330
190-183-999-5330
190-18:5-4.992
190-182-999-5212
ITEM
ANOUNT
172.92
1,254..65
225.00
161.63
~,8.00
476.00
1,408.00
722.4.0
20.23
171,89
45,89
129.01
5.13
100.00
305.01
224.00
50.00
72.00
95. O0
560. O0
16.00
512.38
537.60
3.00
36.91
CHECK
1, ~,27,57
225.00
161.63
4,4,8,00
1,4,08.00
722.40
20.23
171.89
136.14
100.00
305.01
224..00
50.00
5&O.0Q
16.OD
512,38
537.60
3.QQ
~2
07 ~
14:05
CITY OF TEHECULA
VOUCHER/CHECK REGISTER
FOR ALL PERZOOS
PAGE 3
VOUCHER/
CHECK
NUMBER
22518
22518
22519
22520
22521
22522
22523
22524
22525
22526
22527
22527
22528
22529
22530
22530
22530
22531
22531
22531
22531
22531
22531
22531
22531
22531
22531
22531
22531
22532
22532
22532
CHECK
DATE
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03102195
03/02/95
03/02/95
03/02/~5
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03102195
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
000209
00020~
000214
001/~40
001870
001868
001438
001007
001584.
000239
000239
000239
000239
001171
001243
000249
000249
000249
000249
000249
000249
000249
000249
000249
000249
000249
000249
000580
000580
000580
L & N FERTILIZER, INC.
L & M FERTILIZER, INC.
LUNCH & STUFF CATERING
M.S.A.
HATROS, ALORA
MENK, HELGA
MIYAMOTO, SUSAN
1401~REY, JODI
NPGCORP.
NEka}ORT PRINTING SYSTEM
OLSTEN STAFFING SERVICE
OLSTEN STAFFING SERVICE
OLSTEN STAFFING SERVICE
OLSTEN STAFFING SERVICE
ORIENTAL TRADING CO., I
PALMGUIST, Ke, RY
PELEHER, CORIE
PELEHER, CORIE
PELEHER, CORIE
PETTY CASH
PETTY CASH
PETTY CASH
PETTY CASH
PETTY CASH
PETTY CASH
PETTY CASH
PETTY CASH
PETTY CASH
PETTY CASH
PETTY CASH
PETTY CASH
PHOTO i~ORKS
PHOTO HORKS
PHOTO MORKS
PINTO, DEBORAH
ITEM
DESCRIPTIC)N
MISC. MAINTENANCE SUPPLIES
MISC. MAINTENANCE SUPPLIES
CITY COUNCIL MEETING 2128195
gKSHP: PROMOTIONAL OPPORTUNITI
TCSD INSTRUCTOR EARNINGS
PKr FOR TCSD INSTRUCTOR
PMT FOR TCSD INSTRUCTOR
TCSD INSTRUCTOR EARNINGS
EMERGENCY UORK ON YNEZ ROAD
ADDITIONAL CAFR PRINTING CHARG
TEMP HELP WE 12/18 GRAGE
TEMP HELP W/E 1/29/95 GRAGE
TENIP HELP WE 1/22 GRAGE
TEHP HELP VIE 2/5 GRAGE
SUPPLIES FOR TINY TOTS CLASSES
TCSD INSTRUCTOR EARNINGS
REFUND FOR TCSD CLASS
REFUND FOR TCSD CLASS
REFUND FOR TCSD CLASS
PETTY CASH REIMB.
PETTY CASH REIMB.
PETTY CASH REINB.
PETTY CASH REIMB.
PETTY CASH RE]ME.
PETTY CASH RE]fiB.
PETTY CASH RE]RE.
PETTY CASH REIMB,
PETTY CASH RE[fiB.
PETTY CASH RE[ME.
PETTY CASH REIRE-
PETTY CASH RE]MB.
FILM AND FILM DEVELOPING
FILM AND FILM DEVELOPING
FILM AND SLIDE DEVELOPMENT
REFUND FOR TCSD CLASS
ACCOUNT
NUHBER
100-1~4-601-5218
100-164-601-5218
001-100-999-5260
100-164-601-5261
190-183-999-5330
190-183-999-5330
190-183-999-5330
1~0-183-999-5330
100-164-601-5402
001 - 140-999-5222
001-162-999-5118
001-162-~-5118
001-162-99~-5118
001-162-~-5118
190-183-FR-53ZO
1~0-183-999-5330
190 - 183 - 4992
1~0-183-4~2
19O- 183-4992
001-100-999-52N)
001-161-;-5260
100-164-604-5220
100-164-60/,-5222
001-150-~9-5265
001-163-~R-5261
1~0-180-;-5260
100-164-601-5260
001-161-999-5220
001-163-~9-5220
190-181-999-5301
190-180-~9-5220
190-180-999-5301
190-180-999-5301
190-180-999-5301
ITE!e
12.~0
124.33
80.00
30.00
733.60
AS.00
224.00
320.00
2,754.00
315.62
374.40
468.00
374.40
453.38
197.90
352.8O
3.00
1.00
1.00
4.27
30.00
16.59
4.31
63.16
28.42
35.15
15.00
13.89
11.77
66.17
47.82
9.03
6.60
24.00
CHECK
AleGUIlT
30.00
48.00'
224.00
320.00
2,754.00
315.62
1,670..18
197.90
352.80
336.55
106.01
24.00
VOUCHRE2 PAq~
03/02/95 14:05 ..
VOUCHER/
CHECK
NtNBER
22534
2253~
22535
22535
22535
22536
22537
22537
22538
22539
22540
22541
22542
22543
22543
22543
22543
22543
22543
225Z~
22545
22546
22547
22548
22549
22549
22549
22550
22551
22551
22551
22552
CHECK
DATE
03/02/95
03/02/95
03/02/95
03/02/95
0~/02/95
C33/02/95
03/02/95
G$/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03~02~95
03/02/95
03102195
03/02/95
03102195
03/02/95
03102195
000255 PRO LOCK & KEY
000255 PRO LOCK & KEY
000255 PRO LOCK & KEY
001015
001015
001015
000795
PROGRAMMED FOG SUCCESS,
PROGRAINED FOG SUCCESS,
PROGRNI4ED FOG SUCCESS,
PRYOR RESOURCES, INC.
000947 RANCHO BELL BLUEPRINT C
000947 RANCHO BELL BLUEPRINT C
000262
000426
001680
000271
000815
00070~
00070/*
00070~
000704
00070~
000704
001872
000519
000537
000375
000282
000291
000291
000291
001487
000326
000326
000326
000922
RANCHO CALIFORNIA MATER
RANCHO INDUSTRIAL SUPPL
RAY GRAGE AND ASSOCIATE
ROBERT BEIN, ill FROST &
RCNLEY, CATHERINE
S K S, INC/INLAND OIL
S K S, INC/INLAND OIL
S K S, INC/INLAND OIL
S K S, INC/INLAND OIL
S K S, INC/INLAND OIL
S K S, INC/INLAND OIL
SALAZAR, MARIANNE
SOUTH COUNTY PEST CONTR
SOUTHERN CALIF EDISON -
SOUTHERN CALIF TELEPHOG
SOUTHERN CALIF. MUNICIP
SPEE DEE OIL CHANGE & T
SPEE DEE OIL CHANGE & T
SPEE DEE OIL CHANGE & T
TIERRA MECHANICAL, INC.
UNITOG RENTAL SERVICE,
UNITOG RENTAL SERVICE,
UNITOG RENTAL SERVICE,
UNIVERSAL STUOIOS
CITY OF TENEOULA
VOUCHER/CHECK REGISTER
FOG ALL PERICX)S
ITEH
DESCRIPTION
TCSO LOCKSI4ITH SERVICES
MISC LOCKSMITH SERVICES
TCSD LOCKSMITH SERVICES
3-PT REGISTRATION RECEIPTS
FREIGHT
TAX
gKSHP: GRAlelER & USAGE NAASEH
BLUEPRINT REPRCOUCTION
BLUEPRINT REPRDIXICTION
02-79-10100-11/6-2/10/95
COTTON MOPHEADS
PLAN CK SERVICES JAN 95
SURVEYING SERVICES Pg93-11
TCSD INSTRUCTOR EARNINGS
FUEL EXPENSE
FUEL EXPENSE
FUEL EXPENSE
FUEL EXPENSE
FUEL EXPENSE
FUEL EXPENSE
ANNUAL MONK BOOT ALLCNANCE
PEST CTRL i SR CNTER
66-77-584-8087-02 1/20-2/22/95
909 202-4767 GT
SOFTBALL TEAM REGISTRATION
BUILD & SAFETY VEHICLES MAINT.
NAINT ON CITY MANAGER VEHICLE
BUILD & SAFETY VEHICLES RAINT.
PREVENTIVE MAINT CONTRACT OCRC
UNIFORMS - P.W. DEPT.
UNIFOGNS - P.W. DEPT.
UNIFOGNNAINT FOG TCSD PERSONN
TICKETS FOG SENIORS TRIP
ACCOUNT
IlLleER
190-180-999-5212
190-180-999-5212
190-180-999-5212
190-182-999-5220
190-182-999- 5220
190-182-999-5220
001-161-999-5258
001-163-999-5268
001-163-999-5268
190-180-999-52/.0
190-181-999-5212
001-162-999-5248
210-165-6~-5804
190-183-999-5330
100-16~-601-5263
001-163-999-5263
001 - 165-999-5263
190-180-999-5263
001 - 162-999-5263
001 - 110-999-5263
001 - 162-999-5243
190-181-999-5250
340-199-999-5240
001 - 161-999-5208
190-183-999-5380
001 - 162-999-521/,
001-110-999-5214
001-162-999-5214
190-182-999-5212
100-164-601-5243
100-164-601-52/*3
190-180-999-52/.3
190-18~-999-5350
ITEM
AMOUNT
969.32
~.:38
159.91
390.00
16,52
30.~
1~.00
16.27
22.53
206.00
414.57
181.36
82.25
186,55
~.54
25.00
95.00
29.00
65,51
20,99
20,99
20.99
250,00
~.58
~.00
16,~
~1,25
CHECK
ANOUNT
1,20~.61
436.75
125.00
38.8O
60.88
7.33
403.613
206.00
963.27
65.51
76.~8
62.9'/
25 0. O0
2
VOUCHER/
CHECK
NUMBER
22553
22553
22553
22553
22553
22553
22554
22555
22556
22557
22558
22559
22560
14:05
CHECK
DATE
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
03/02/95
VENDOR VENDOR
NUMBER M
000~.C)9 VALLEN SAFETY SUPPLY,
000409 VALLEN SAFETY SUPPLY,
000409 VALLEN SAFETY SUPPLY,
000409 VALLEN SAFETY SUPPLY,
000409 VALLEH SAFETY SUPPLY,
000409 VALLEH SAFETY SUPPLY,
001437 VIliACK, MARYANN
001474
001342
001874
000570
000:~.2
000345
VORTEX DATA SYSTEMS, IN
UAXIE SANITARY SUPPLY,
UILLIAHS, KAREN
W[MBERLY, VALER[E
WINDSOR PARTNERS'RANCHO
XEROX CORPORATION BILLI
CITY OF TENEOULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
[TEN
DESCRIPTION
HAZNTENCE CREI~ SUPPLIES
TAX
NAINTENCE CREIJ SUPPLIES
TAX
HA]NTENCE CREI,/SUPPLIES
TAX
TCSD INSTRUCTOR EARNINGS
REPAIR ROLL-UP DOOR a CRC
BLDG NAINT SUPPLIES - CRC
TCSO INSTRUCTOR EARNINGS
LASER POINTER RE[MB.
PARCH RENT/FEB CAN
XEROX MONTHLY LEASE AGRNNT.
TOTAL CHECKS
ACCOUNT
NUMBER
100-164-601-5218
100-164-601-5218
100-1&~-601-5218
100-16~-601-5218
100-164-601-5218
100-164-601-5218
190-183-f~)-5330
1~0-182-9~-5212
1~0-182-~-5212
1~1)-183-~-5330
001 - 161 -~-5220
340-1~-9~-52.34
330-199-999-5239
ITEM
A!IXJNT
352.24
27.30
231.00
17.91
3.60
316.00
100.00
310.32
840.00
92.10
11,497.65
2,~.12
PAGE 5
CHECK
ANOUNT
632.33
316.00
100.00
310.32
8~0.00
92.10
11,497.65
2,9~,.12
44,667.39
VOUCHRE2 P~r~
0~/02/95 15:27
C]TY OF TEHECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
FUND TITLE
001 GENERAL FUND
100 GAS TAX FUND
165 RDA DEV- LO~/HOD SET AS]DE
190 CCIIJN[TY SERVICES DISTRICT
210 CAPITAL [NPROVEHENT PROJ FUND
280 REDEVELOPNENT AGENCY - C]P
300 INSURANCE FUND
TOTAL
mT
/~,161.36
89,382.45
4,550.25
9,973.19
454,598.76
6,602.79
3,352.38
612,621.18
nV~2
O. i 15:27
CITY OF TENECULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
PAGE
VOUCHER/
CHECK CHECK VENDOR
~ER DATE ~R
VENDOR ITEM ACCOUNT
IIAE DESCRIPT[OR NLNBER
ITEM
.AI40UNT
CHE~
ANOUNT
22563 03/16/g5 001661
22563 03116195 001661
22564 03/16/~5 001344
22564 03/i4/~5 001344
22565 03/16/95 000125
22565 03/14/~5 000123
22565 03/16/~5 000123
22565 03/14/95 000123
22565 03/14/95 000123
22565 03/14/~5 000123
22565 03/14/95 000123
A L CHAVEZ ENTERPRISES,
A L CHAVEZ ENTERPRISES,
AMERIC, AN CONTRACTING, !
ANERICAN CONTRACTING, I
A.C. REPAIR PRGM PROGRESS PNT1
RETENTION W/H OR Ii 721-C
SPTS PRK CONTRACTOR JAN ~5
RETENTION W/H INVt 253-17
BURKE WILLIAI4S & SOltENS PROF SERVICES FOR JAIl 955
BURHE VILLIAXS & SORENS PROF. SERVICES FOR JAN 95
BURKE MILLIANS & SORENS PROF, SERVICES FOR JAN 95
BURKE WILLIAN$ & $OREN$ PROF. SERVICES FOR JAN 95
BURKE MILLlIMeS & SOltENS PROF, SERVICES FOR JAIl 95
BURKE WILLIANS & SORENS PROF. SERVICES FOR JAIl 95
BURKE MILLIAN$ & $OREN$ PROF. SERVICES FOR JAN 95
22566 03/14/95 00086/, CORONA CLAY CO., INC. ANGEL MIX BRICKDUST-DELIVERED
22566 03/14/95 000864 CORONA CLAY CO., INC. HOUND NIX-DELIVERED
22566 03/14/95 000864 CORONA CLAY CO., INC. TAX
22567 03/16/95 0001~4
22567 03/16/95 0001/,4
22567 03/14/95 0001~
COSTCO WHOLESALE CORPOR EQUZPNENT AND FURNISHINGS
COSTCO WHOLESALE CONPOR 3X SURCHARGE FOR P.O.
COSTCO.WHOLESALE CORPOR TAX
001716 DAN'S ROOFING
22569 03/16/95 001380
22570 03/14/95 000164
REPLACE ROOF ON RESTROOM BLDG.
E S ! EMPLOYMENT SERVIC BURNELL PROF SERVICES DEC-JAN
ESGIL CORPORATION
PLAN CHECK SERVICES FOR JAN 95
100-164-601-5402
100-2035
210-166-648-5804
210-2035
001-130-~-5246
001-1280
001-130-~-5266
1~0-180-~-5246
300-1~-~-5207
280-1~-~-5246
001-130-~-5246
lg0-180-~-5212
190-180-~-5212
190-180-~-5212
001-171-999-5470
001-171-999-5470
001-171-999-5470
190-180-~-5212
001-162-~-5250
001-162-~-5248
78,641.20
7,864.12'
2,400.00
240.00-
3,150.00
2,444.84
18,780.27
6~0.20
3,352.38
2,052.53
2,431.93
2,712.50
412.50
242.19
3,318.73
49.78
257.20
2,851.00
1,056.00
3,~2.22
70,T/'7.08
2,160.00
32,902.15
3,367.19
3,625.71
2,851r00
1,056.00
3,~2.22
22571 03/14/95 001575 HMKER EQUIPMENT CONPAN EMERGENCY 1 CUSTOM PUleER
22571 03/14/95 001575 HAAKER EQUIPNENT CONPAN TAX
210-190-626-5608
210-190-626-5608
206,005.00
15,965.39
221,970.39
22572 03/14/95 001875 HAYES, KRISTINE
22575 03/14/95 000756 I P S SERVICES, INC.
22573 03/14/95 000756 ! P S SERVICES, INC.
TCSD INSTRUCTOR EARNINGS
STREET STRIPING PROGRAM
RETENTION W/H INV~ 008220
190-103-999-5330
100-164-601-5410
100-2035
1,570.40
13,561.52
1,356.15-
1,570.40
12,205.37
22574 03/14/95 000202
22576 03/14/95 000202
22576 03/14/95 000202
22576 03/14/95 000202
J F DAVIDSON ASSOCIATES
J F DAVIDSON ASSOCIATES
J F DAVIDSON ASSOCIATES
J F DAVIDSON ASSOCIATES
22575 03/14/95 000860 JOCHUM, LORI
22576 03/16/95 001637
22576 03/14/95 001637
KICAK AND ASSOCIATES
KICAK AND ASSOCIATES
DESIGN RANCHO CAL SPT PRK DEC
DESIGN RANCHO CAL SPT PRK DEC
SPTS PRK DESIGN SERVICES DEC
SPTS PRK DESIGN SERVICES DEC
TCSD INSTRUCTOR EARNINGS
INTERIM I~/CITY ENG JAN 95
INTERIM PW/CITY ENG JAN 95
210-1~0-137-5802
210-190-137-5802
210-1~0-137-5802
210-190-137-5802
190-183-999-5330
100-164-604-5250
100-164-604-5250
3,702.13
120.00
1,/"53.00
120.00-
1,496.40
1,800.00
4,600.00
5,163.13
1,496.40
6,400.00
22577 03/14/95 001694 KNIGHT PRINTING BLDG & SAFETY PERMIT FORMS 001-162-999-5222
22577 03114195 001696 KNIGHT PRINTING- TAX 001-162-~-522Z
1,560.70
120.95
1,681.65
03/14/95 001690 LAUTZENHZSER'S STATIC)NE 8 NZNUTE BOOK FILLERS 001'120'999'5220 555.36
03/14/95 001690 LAUTZENHZSERPS STATIONE 6 CUSTOM MINUTE BOOKS 001-120-999-5220 506.28
VOUCHRE2 PFa~2
03/02/95 15: 27
VOUCHER/
CHECK
NLNBER
22578
22578
22578
22579
22579
22579
22580
22580
22580
22581
22581
22581
22581
22582
22583
22584
22585
225845
CHECK
DATE
03114195
03114195
03114195
03/14/95
03/14/95
03/14/~5
03/14/95
03/14/95
03/1~/95
03114195
03114195
03114195
03114195
03114195
VENDOR
IN~ER
001690
001690
001690
001501
001501
001501
001207
001207
001207
001383
001383
001383
001383
000270
0010/.6
000271
000332
000539
NANE
LAUTZENHISER'S STATIORE
LAUTZENHISER'S STAT!ONE
LAUTZENHISER'S STATIORE
HARINA CONTRACTORS, INC
MARINA CONTRACTORS, INC
HARIRA CONTRACTORS, INC
HARTIN J. JASKA, INC.
HARTIN J. JASKA, INC.
HARTIN J. JASKA, INC.
P M W ASSOCIATES, INC.
P M W ASSOCIATES, INC.
P N W ASSOCIATES, INC.
P M ~ ASSOCIATES, [NC.
R J N DES]GN GROUP, INC
REXON, FREEDI~tN, KLEPET
ROBERT BE/N, MI4 FROST &
VANDORPE CHOU ASSOCIATI
HIHf4ER YAHADA ASSOCIATE
CITY OF TENEOULA
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
ITEN
DESCRIPTION
PRINTING ON NIN. BOOKS
TAX
INV# 30502 SHIPPING CHARGE
LONA LINDA PRK CONTRACTORS DEC
RETENTION WH INV PROGI 5
STOP NOTICE FRON ROBERTSON,S
PALA PEK CONTRACTON JAN 95
RETENTION M/H INW/REQ ~
STOP NOTICE FRON M'CONTRACT
PROF. SERVICES JAN 95
PROF. SERVICES JAN 95
PROF. SERVICES JAN ~5
PROF. SERVICES JAN 95
DESIGN SERVICES FOR JAN 95
PROF. SERVICES FON JAN 95
PROF. SERVICES JAN 95
PLAN CK SERVICES FOR JAN 95
SURVEY SERV]CES FOR JAN 95
ACCOUNT
NtNBER
001-120-999-5220
001 - 120-999-5220
001 - 120-999-5220
210-190-134-5804
210-2035
210-2038
210-190-120-5804
210-2035
210-2038
280-199-999-524.B
165-199-999-5248
280-199-999-524,8
165-199-999-5248
210-190-626-5802
001-130-999-5247
210-165-(:37-5802
001-162-999-524.8
210-190-120-5802
ITEN
ANOUNT
54.00
86.46
32.41
13,500.09
1,350.09'
1,051.01-
228,228.00
22,822.80-
19,991.25'
4,183.70
4,183.69
366.56
366.56
23,561.30
2,730.80
2,139.00
3,033.43
3,090.00
CHECK
11,098.99
185,413.95
9,100.51
23,561.30
2,730.8O
2/""~
3,090.00
TOTAL CHECKS
612,621.18
ITEM 4
CITY OF TEMECULA
AGENDA REPORT
· TO:
City Manager/City Council
FROM:
-*Genie-Roberts, Finance Officer
DATE:
March 14, 1995
SUBJECT:
City Treasurer's Report as of January 31, 1995
PREPARED BY: Tim McDermott, Chief Accountant
RECOMMENDATION:
as of January 31, 1995.
That the City Council receive and file the City Treasurer's Report
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 January 31, 1995.
FISCAL IMPACT: None
ATTACHMENTS: 1. City Treasurer's Report as of January 31, 1995
2. Schedule of Assets, Liabilities, and Fund Equity as of January 31,
1995
City of Temecula
City Treasurers Report
As of Janumy 31, 1995
Cash Activity for the Month of January:
Cash and Investments as of January 1, 1995
Cash Receipts
Cash Disbursements
Cash and Investments as of January 31, 1995
$ 47,461,619
6,608,040
(3,401,262)
$ 50,668,~97
Cash and Investments Portfolio:
Type of Investment
Petty Cash
General Checking
Benefit Demand Deposits
Local Agency Investment Fund
Deferred Compensation Fund
Deferred Compensation Fund
Defined Contribution Fund
Trust Accounts-TCSD COPs
Reserve Account-TCSD COPs
Trust Accounts-RDA Bonds
Construction Fund-RDA Bonds
Reserve Account-RDA Bonds
Institution Y'mld
City Hall
First Interstate
First Interstate
State Treasurer 5.612 %
ICMA
PEB$CO
PEBSCO
Bank of Amedca 5.165
BofA - Bayerische Landesbank 6,870
Bank of Amedca 5.165
BofA - Bayedsche Landesbank 6.210
BofA - Bayerische Landesbank 7,400
Balance
$ 800
297,259
3,771
35,813,476
249,349
280,392
18,652
4,773
502,690
1,162,315
10,886,000
1,448,920
$ 50,668,397
(1)
(1)
(1)-This amount is nat of outstanding checks.
Per Government Code Requirements, this Treasurer's Report is in compliance with
the City of Ternecula's investment policy and them are adequate funds available
to meet budgeted and actual expenditures of the City of Temecula for the next
thirty days.
City of Temecule
Schedule of Assets, Liabilities, .rod Fund Beenca
As of January31, 1995
Assets:
Cash and investments
Receivables
Due from other funds
Land held for resale
Fixed assets-net
Conlmunity
Services Redevelopme
City (1) District Agency
$ 28,132,801 $ 2,247,086 $ 20,288,510
2,014,296 122,154 123,576
587,662
918,1 71 2,004,569
489,070
$ 32,142,000 $ 2,36~,240 $ 22,416,655 $
Total
50,668,397
2,260,026
587,662
2,922.740
489,070
56,627,895
L,iabilities and fund equity:
Liabilities:
Due to other funds
Other liabilities
Total liabilities
$ 554,862 $ 32,800 $
2,71 7,639 $ 189,454 347,381
3,272,501 1 89,454 380, 181
Fund equity:
Contributed capital 1,030,246
Reined earnings (deficit} (104,056)
Fund balances:
Reserved (2) 3,987,252
Designated (3) . 13,924,896
Undesignated 10,051,1 61
Total fund equity
Total liabilities and fund equity
815,051 5,614,846
1,354,755 16,421,628
28,869,499 2,179,786 22,056,474
$ 32,142,000 $ 2,369,240 $ 22,416,655 $
587,662
3,254,474
3,842,136
1,050,246
(104,056)
10,417,129
31,71 1,279
10,051,161
53,065,756
56,927,895
(1) Includes Generad Fund, CIP Fund, Gas Tax Fund, other special revenue funds, and deferred comp agency funds.
(2) Include mounts reserved for encumbrances, land held for resale, long*term notes receivable, low/rood housing,
and debt service.
(3) Includes mounts designated for economic uncertainty, debt mice, and continuing appropriations.
ITEM 5
APPROVAL
CITY ATTORN~
FINANCE OFFI
CITY MANAG
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
City Council
Ronald E. Bradley, City Manager
March 14, 1995
Out-of-State Travel Request
RECOMMENDATION:
To authorize the Mayor to travel, out of state, to Salt Lake City to be present when Advanced
Cardiovascular Systems (ACS) receives the United Nations Family Friendly Award.
BACKGROUND:
In 1989, the United Nations General Assembly designated 1994 as the International Year of
the Family. An international conference is scheduled in Salt Lake City, Utah on March 16-19,
1996, to discuss family resources and responsibilities in a changing world. During this
conference, Advanced Cardiovascular Systems (ACS) will be presented with an United Nations
Family Friendly Award for strong corporate values in support of the family.
During this conference, ACS will be making a 20 minute presentation highlighting ACS's
corporate values, the City of Temecula and the Temecula Valley School District. In support
of this presentation, an out of state travel authorization, for the Mayor, needs to be approved
by the City Council.
FISCAL IMPACT:
The cost of the trip, for the mayor, is approximately ~ 1,038.00. Adequate funding is available
in the City Council budget.
R:~..AN~tDA~'TAFFIO, M~
ITEM 6
CITY OF TEMECULA
AGENDA REPORT
APPROVAl
CITY ATTORNEY~
FINANCE OFFICEI
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
City Council/City Manager
Anthony Elmo, Chief Building Official/~
March 14, 1995
Contract Inspection Services for Building and Safety
RECOMMENDATION: That the City Council approve an amendmentto an existing
professional services agreement for Employment Services, Inc. (E.S.I.), to provide Contract
Building Inspection and Code Enforcement services to the Building and Safety Department for
an approximate four (4) month period.
DISCUSSION: The Building and Safety Department recently promoted one
of its current Building Inspector II's to the position of Senior Inspector. This promotion left a
vacancy in the Building Inspection staff. Inspection workload has been extremely heavy which
has created a need to supplement current inspection staff. Further, the addition of managing
the annual weed abatement program, and the increase in general code enforcement activity,
has created a need to supplement the one (1) code enforcement officer with additional staff.
The use of contract inspection services on an as needed basis, gives the Building Official the
ability to monitor inspection workload in both divisions and provide the needed assistance
during periods of peak demand for services. E.S.I. has been providing contract building
inspection staff since April 14, 1994. This amendment will change the designated staff and
add Code Enforcement personnel.
FISCAL IMPACT:
5250, "Other Outside Services
necessary.
Funds are currently available in Account No. 001-162-999-
", for this purpose. No new appropriation of funds is
Attachments:
amended agreement
former agreement
V:\TONY%AGENDA~ESI.g6 316/95 tde
FIRST AMENDMENT TO EMPLOYMENT SYSTEMS,
INC. AGR~4~r TO PROVIDE STAFFING SERVICES
TOT!~C1TYOFTEMECUI~
~ FIRST ~~ TO EMPLO~ SYSTEMS, INC.,
AGREEMENT TO PROVIDE STAFFING SERVICES TO THE C1TY OF TEMECULA
ffIEREAFrER *FIRST AMENDMENT") is made and effective as of March 15, 1995 by
· and between the City of Temecula ('Agency*) and Employment Systems, Inc. (*ESI'). In
consideration of the mutual promises, covenants, and warranties set forth herein, the parties
agree as follows:
1. This First Amendment is made with respect to the following facts
which the parties agree are true and con'ect:
A. On April 14, 1994, the Agency and ESI entered into that certain
agreement entitled 'Employment Systems, Inc. Agreement to Provide Staffing Services to the
City of Temecula* (*Agreement*).
B. The parties now desire to extend the term of the Agreement
until March 15, 1996, substitute certain employees and add new employees to the
Agreement, and makB certain other changes in the Agreement.
2. Paragraph 2.2 of the Agreement is hereby amended to read as follows:
"2.2 Term of Atsreement. This Agreement and the rights and
obligations of AGI~ICY and ESI shall commence on the effective time and date specified in
paragraph 2.1 and shall expire and terminate at the same time on March 15, 1996. The term
of this Agreement may be extended only by an agreement in writing, signed and executed by
the parties hereto prior to such expiration. It is specifically understood and agreed that
AGENCY may not hold-over upon such expiration and may not be or become lessee of the
employees from term to term."
Article 5, Indemnification, of the Agreement is hereby amended to read
as follows:
*ESI shall indemnify, defend, and hold harmless AGENCY for the
purposes of all required payroll deductions and withholdings, legally required workers'
compensation insurance, and health benefits of the employees. However, inasmuch as the
employees will discharge governmental responsibilities and perform in accordance with the
ordinances, resolutions, rules, reguhtions, and procedures adopted by AGENCY in its
governmental capacity (1) ESI and its employees shall be entified to all protection and
immunities of government employees, including without limitation, those provided in
R:~ChyAUI~,a, X2:I20832.2 -1-
California Government Code, Title I, Division 3.~, Claims and Actions Against Public
Entities and Public Employees; and (2) AGENCY does release and agree to indemnify,
defend and hold harmless the employees, F, SI, and ESI's agents, personnel, directors, and
officers from any and all actions, claims, damages or injuries to persons or property,
penalties, obligations, or liabilities arising out of or related to the services performed under
this Agreement.*
4. Exhibit A, Staff, to the Agreement is hereby deleted from the
Agreement and in its place a new Exhibit A, Stuff, attached hereto and incorporated herein
by this reference, is added to the Agreement.
5. Except as otherwise specifically provided herein, all other terms and
conditions of the Agreement shall remain in full force and effect.
IN ~S WHEREOF, the parties hereto have caused this First
Amendment to be executed the day and year first above written.
EMPLO~ SYSTEMS, INC.
CITY OF TEMF, j~ULA
JEFFREY STONE
President Mayor
Attest:
JUNE S.
City Clerk
Approved As to Form:
PETER M. THORSON
City Attorney
R:%CityAny~LAX2:I20~32.2 -2-
Exhibit A
STAFF
Employee(s) included in this aEreenent by and between the City of Temecuh and
EMPLO~ SERVICBS, INC., is listed below:
Batty Cox
Tom Cole
Ban'y Cox
Tom Cole
Hourly Billln~, Rate to City of Temecuh
$33.00-per hour
$28.00 per hour
Total ESI payroll to Employee
$22.00 per hour
$20.00 per hour
V:~TONY~OBNDA~I[XH-A.BSl 316195 Ii
EMPLOYMENT SYSTEMS, INC.
AGREEMENT TO PROVIDE STAFFING SERVICES TO
THE crrY OF TEMECULA
THIS AGREEMENT is made and entered into this 6th day of April, 1994, by and between
the City of Temecula hereinafter referred to as "AGENCY', and EMPLOYMENT SYSTEMS,
INC., hereinafter referred to as "ESr'.
WHEREAS~ ESI is a California corporation which provides the services of its employees
to government agencies for the purpose of discharging the responsibilities of government
agencies; and
WHEREAS, AGENCY has engaged the personal services of certain persons as its
employees; and
WHEREAS, economic reasons exist which make it in the best interests of the AGENCY
tO digcharge certain of its responsibilities through the use of ESI employees;
NOW, THEREFORE, in consideration of the promises, covenants, and warranties
hereinafter set forth, the parties hereto mutually agree as follows:
ARTICLE 1
DEFINITIONS
All terms used in this Agreement shall have the customary meaning afforded such
terms unless the sam~ are used in a technical or business context, in which event such terms
shall have the technical and/or special meaning normally afforded such terms within the
particular trade, industry, or business to which they relate. The following are the definitions of
special terms used herein:
1.1 "Current Payroll" means the payroll set forth on attached Exhibit A and incorporated
by this reference.
1.2 "Employees" means those individual persons who are subject to the texu~s of this
Agreement and who are identified on attached Exhibit A incorporated by this reference.
1.3 "Employee Tax Forms" means all forms applicable to the payroll which are required
by United States, state, and local governments to be provided by an employer to an employee,
including U.S. Depa, latent of the Treasury, Internal Revenue Service Fotn~ W-2 (Wage and.
Tax Statement) and Fof,~ W-4 (Employee's Withholding Allowable Certificate) and Form 1099
(as and if applicable), as well as comparable and/or counterpart fo,'ix~s prescribed by the state
and/or local government in which employees are performing services pursuant to this
Agreement.
:"~ 1.4 "Employer Tax Forms" means all forms required to fully and properly report the
dayroll to the United States, state and/or local governments, including United States
Department of the Treasury;, Internal Revenue Service Form 941 (Employer's Quarterly
Federal Tax Return for Federal Income Tax Withheld from Wages and for Federal Insuranc~
Contributions Act Taxes), Form 940 (Employer's Annual Federal Unemployment Tax Returr,,
and comparable and/or counterpart forms prescribed by the state and/or local government in
which employees are performing services pursuant to this Agreew. ent.
L5 'Payment Due Date' means any date on or before the !a~ day of each payroll period-
1.6 "Pay Period" means the interval between payments to employees specified 'in
attached Exhibit A.
1.7 "Payroll" means the total payroll applicable to all employees and includes the
aggregate of net compensation to employees, federal withholding taxes, state and local (if any)
withholding taxes, employer and employee costs pursuant to the Federal Insurance
Contributions Act, employer costs pursuant to the Federal Unemployment Tax Act, employer
costs for state unemployment taxes (if any), employer costs pursuant to the Voluntary
Compensation Plan (if any), ancL employer listed service fees (as applicable).
ARTICLE 2
IMPLEMENTATION-
2.1 Relationship of Parties. Effec~ve at the commencement of business en the 7th day
of April, 1994, ESI wffi provide to AGENCY those of its employees who are identified
attached Exhibit B and AGENCY hereby accepts such employees on the terms and conditio
provided in this Agreement.
2.2 Term of .z~reernent. This Agreement and the fights and obligations of AGENCY
and ESI shall commence on the effective time and date specified in paragraph 2.1 and shall
expire and te~,.dnate at the same time on the corresponding date one year later. The term of
this Agreement may be extended only by an agreement in writing, signed and executed by the
parties hereto prior to such expiration. It is specifically understood and agreed that AGENCY
may not hold-over upon such expiration and may not be or become lessee of the employees
from term to term.
2.3 Specification of ,qervices anti A~prov=l of conWens~tion. AGENCY shall specify,
and by notice to ESI may accept, modify, or reject the sexyices and/or rate of compensation of
any and all employees leased to AGENCY in accordance with this Agreement. In the event of
rejection of services and/or rejection of the rate of compensation of any employee leased to
AGENCY, the lease made by this Agreement shall te~udrtate as to,such employee, effective
upon receipt by ESI of notice thereof. For purposes of business and financial accounting
between the parties, this Agreement shall be deemed several as to each employee and sb~all be
deemed prorated on a daily or other-periodic basis necessary to give effect to the manifest
· intentions of the contracting parties.
2.4 Ch=ni, es =nd Adj..stments in P~3'roll. AGENCY and ESI acknowledge the payroll
will vary from pay period to pay period by reason of additions, terminations, changes ~
2
compensation rates of employees and/or changes in hours worked. It is further acknowledged
that the payroll also my vary from pay period to pay period by reason of changes in'the rate
and/or amount of employee withholding and/or employer payroB contributions and/or costs
of employee benefit plans and programs. It is specifically agreed that the amount of all
payments coming due and owing from AGENCY to ESI shall be adjusted (by increase or
decrease, as applicable) to the extent necessary to directly reflect such changes on a current basis.
All such changes and adjustments in payroll are hereby expressly approved by the parties.
2.5 ~rn~loyer r}.ties of ~-~I. ESI shall (1) pay all wages and other remuneration to 'its
employees who are subject to this Agreement;, (2) notify AGENCY of the current payroll prior
to each pay period; (3) prepare and file all payroll tax returns and reports; (4) pay all amounts
due and owing pursuant to the payroll tax returns and reports wkich are prepared and filed; (5)
prepare, file, and furnish to employees applicable employee tax forms; and (6) prepare and file,
with a copy to AGENCY, applicable employer tax forms. In the event of termination of any
employee as provided by paragraph 2.4, ESI shall provide placement assistance to that
employee by listing that employee at no charge to the employee in ESI's job listing service.'
2.6 i~,,ties of AC~NCY. AGENCY shah (1) provide the workplace for all employees
subject to this Agreement; (2) maintain the workplace in strict accordance with applicable
health and working standards and specifications; (3) comply with all safety engineering and
governmental health and safety rules, regulations, directives, orders or similar requirements;
(4) provide all required safety equipment; (5) for employees located in-California, take all
actions necessary to establish and implement an injury and ilJness prevention program as
required by the Occupational Injury Program Act, also known as Senate Bill 198, and codi~ed at
California Labor Code §6401.7; (6) post or provide employee notices required by law; and (7)
notify ESI immediately of all employee illnesses, accidents, injuries, and absences.
2.7 Workers' Con~pens,tion, He,lth. :,nd Other Benefits. ESI maintains Workers'
Compensation and Employers Liability Insurance of a form and in an amount as required by
state law. Various health and other benefits are available to employees under a cafeteria plan
which permits each employee to choose the type of benefits he or she will receive.
ARTICLE 3
COMPENSATION
3.1 Fee. AGENCY agrees to pay the hourly rate established in Exhibit A, on or before
each payment due date.
3-~ P~,yrnent Arlr~ress. ALl payments due ESI shall be paid to: ~
EMPLOYMENT SYSTEMS, INC.
11590 W. Bernardo Court, Suite 211
San Diego, california 92127
33 Terms of Compensation. Invoices are due within 15 days of receipt. Delinquent
payments will be subject to a late payment carrying charge computed at a periodic rate of 1% per
3
month, which is an annual percentage rate of 12%, which will be applied to any unpaid.balance
owed commencing seven (7) days after the payment due date. Additionally, in the ever"-~
AGENCY fails to pay any undisputed axnounts due ESI within forty-five (45) days aft
payment due date, then AGENCY agrees that ESI shall have the right to consider said default a
total breach of this Agreement and the duties of ESI under this Agreement may be t~n.lnated
by ESI without liability to ESI upon t~n (10) working days advance written notice.
3.4 Aaaitionnl Services. AGENCY may request ESI to perfo~-, additional services not
covered by this. Agreement, such as recruiting services, and ESI shall perform such additional
services and will be paid for such additional services when they are mutually agreed to and
made part of this Agreement by written amendment.
ARTICLE 4
SUPERVISION OF EMPLOYEES
ESI shall supervise the daily activities of employees, but employees shah discharge
governm_ent responsibilities and perform in accordance with the ordinances, resolutions, rules,
regulations, and procedures adopted by AGENCY in its governmental capadty. ESI shall have
no control over such government responsibilities and such ordinances, resolutions, rules,
regulations, and procedures.
ARTICLE 5
INDEMNIHCATION
ESI shall indemnify, defend, and hold harmless AGENCY for the purposes of all
required payroll deductions and withholdings, legally required workers' compensation
insurance, and health benefits of the employees. However, inasmuch as the employees will
discharge government responsibilities and perform in accordance with the ordinances,
resolutions, rules, regulations, and procedures adopted by AGENCY in its govermnental
capadty (1) ESI and its employees shall be entitled to all protection and immunities of
government employees, including without limitation, those provided in California
Government Code, Title 1, Division 3.6, Claims and Actions against Public Entities and Public
F-rnployees; and (2) AGENCY does release and agree to indemnify, defend and hold harmless
the employees, ESL and ESFs agents, personnel, directors, and officers from, any and all actions,
claims, damages or injuries to persons or property, penalties, obligations or liabilities arising
out of or related to the services perfocused under this Agreement.
In addition, the employees, ESI, and ESI's agents, personnel, directors, and officers shall be
additional named insured on AGENCY's insurance polldes or on any self-insurance
agreement. If AGENCY is a member-of a Risk Management Agreement (RMA) or similar
agreement, AGENCY will notify the organization responsible for RMA or similar agreement in
writing that the employees, ESI, and ESI's agents, personnel, directors, and officers do not have
any applicable insurance coverage.
4
ARTICLE 6
GENERAL PROVISIONS
6.1 Representation. An AGENC~ representative shall be designated by the AGHNCY and
an E5I representative shall be designated by ESI as the prinmry contact person ~or each party .....
regarding performance of this Agreement The/oilowing are the designated representativeS:.:?:~.-_:.-~'_~:
Scott R, Fazekas br ESI '.
Anthony mrno for The City of Temecula .... ;:;~--".4iY ':-""::
6.2. l.e~al Action. Should either party to this Agreement bring legal action .against _.the'. '-
other, the ca;e shall be handled within the'County where AGENCY--is located, and the
preyslung in' such action shall be entitled to reasonable attorneys' fee which sb~ll be Fxxed...by.:-.-;; ':
the judge hearing the case and such fee sb~ll be included in the judgutent
6.3 Assignment. This Agreement sb~ll not be assignable by either party without the
prior written consent of the other p. arty.
6.4 AudiL AGEI~;FCY shall have the fight to audit and inspect F_Srs records and accounts
covering costs under this Agreement for a period of two years after termination of the
Agreement.
6.5 Titles. The rifles used in this Agreement are for general reference only and are not
/..p. art of the Agreement. -
6.6 Sever~bility. Should any provision of this Agreement be determined to. be
unenforceable, such dete~,,inarion sb~I1 not affect the ren~ining provisions.
6.7 Extent of A~reement. This Agreement represents the entire and integrated
Agreement between AGENCY and F_.SI and supersedes all prior negotiations, representatiorts or
agreements, either written or oral. This Agreement may be modified or mended only by a
subsequent written agreement signed by both parties.
IN WITNESS WI-IF. REOF, the parties hereto have executed this Agreement as of the date
and year Fast above writteru
BY:
TITLE:
BY:
EMPLOYMENT SYSTEMS, INC.
Date'.
5
Exhibit A
STAFF
Employee(s) included in this agreement by and between the The City of Temecula and
EMPLO~ SYSTEMS, INC., is listed below:
Employee - Hourly Billin~ Rate to City of I~z~-.' ,,
Matt Burned $33.00 per hour '~"
To~l ~SI payroll to F. rnployee
$22.00 per hour (without benefits)
6
ITEM 7
TO:
FROM:
DATE:
-SUBJECT:
APPROVAL
CITY ATTORNEY
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Joseph Kicak, Director of Public Works/City Engineer
March 14, 1995
Acceptance of Public Streets into the City Maintained-Street System
(North General Kearny Road and Golden Rod Road)
K. Crisp, Permit Engineer.
That the City Council adopt a resolution entitled:
RESOLUTION NO. 95~._
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, ACCEPTING CERTAIN PUBLIC
STREETS CONSTRUCTED UNDER ASSESSMENT DISTRICT NO.
161 INTO THE CITY-MAINTAINED STREET SYSTEM {NORTH
GENERAL KEARNY ROAD FROM NICOLAS ROAD TO THE
EASTERLY CITY LIMITS AND GOLDEN ROD ROAD FROM
NORTH GENERAL KEARNY ROAD TO THE NORTHERLY CITY
LIMITS)
BACKGROUND:
Assessment District No. 161 -Winchester Properties was formed under the provisions of the
Municipal Improvement Act of 1913 while under the jurisdiction of the County of Riverside.
The Riverside County Transportation Department administers the construction contracts for
Assessment District No. 161 through consultant contract administrators and inspectors.
As each phase of work under the Assessment District program is completed, the consultants
recommend acceptance of the work to the Transportation Department and then to the Board
of Supervisors. The Board then accepts the recommendation and executes and has filed a
"Notice of Completion".
r. ~AGDRPT~95~0314~qGI~GOLD.ACC
The Assessment District contractor has satisfactorily completed the construction of North
General Kearny Road from Nicolas Road to the Easterly City Limits, and Golden Rod Road from
North General Kearny Roads to the Northerly City Limits in accordance with County plans,
specifications, and standards. The Board of Supervisors authorized the issuance of the Notice
of Completion for the public improvements on May 5, 1992. The Riverside County
Transportation Department has so notified the City of Temecula, and the City Public Works
Department has reviewed the project in the field.
The Riverside County Transportation Department requests that the City of Temecula accept
the pertinent public improvements thereby accepting the maintenance responsibilities.
The Public Works Staff recommends City Council acceptance of the right-of-way and
acceptance of the Street, Bridge, and Drainage improvements into the City Maintained-Street
System.
The County of Riverside previously accepted the several offers for dedication and the
easement grants for the rights-of-way for the subject portions of North General Kearny Road
and for Golden Rod Road.
Acceptance of the Street, - Bridge, and Drainage improvements is recommended by Council
Minute Action. Acceptance of the streets into the City Maintained-Street System shall be by
City Council Resolution in accordance with Streets and Highway Code Section No. 1806.
FISCAL IMPACT:
These streets will be integrated into the City's Pavement Management System and will receive
periodic surface and/or structural maintenance efforts. The new pavement condition of these
streets should necessitate only limited surface or structural treatments for 5 to 7 years. In
addition some erosion control measures may be necessary until such time as the parkway
improvements are completed through subsequent development activities.
ATTACHMENTS:
Resolution No. 95- with Exhibits "A-B", inclusive.
Board of Supervisors Minute Order dated May 5, 1992.
cc: Brad Buron, Maintenance Superintendent
r,~AGDRP~9'~%0314~TGKRDOLD.ACC
To be recorueU w~nh County Recorder
within 10 days after ccepletton.
No recording fee.
~_rk of the Boa~.~."of S m rvisoz s
_~80 Lemon Stree~V~.14th ~loor
Riverside, Ca. 925'01
l%Tod ot Completion
;Civil Code S 3093 - Public Works:
(For Recorder's use)
fNo=ice As hereby ~ven by the undersigned owner, a public entity
o the State of California, that · public work of improvement has
been completed, as follows:
Project
and Bridge, and Golden Rod Road Assessment Dist. 161
Date of completion: Date of this Notice
Nature of owner: County
Interest or estate of owner: Public Roadway
Address of owner: 4080Lemon ~t. 8th Boor ~verstde, Caltforn~a'g2501
title or description of work= North General Eearney Road
Name of contractor: Riverside Construction Co.
SUree= address or legal description of si~e: Temecula area
North General Eearney Road & Brid2e~ Golden Rod Road
Dated:
May 5, 1992 Ovner: C0unt~ f RIverside - ~
./~ (lsaze of 'c t
Title Ch,.tr-'..n. 8,.,-Pd of Sut~ew~sors
STATE OF CALIFORIIIa ). SS "":"
th · Coun t:-z~ ~;~rl t dl
of' the governing board of
the public entitT-~ executed the foregoing n~ttce and on Mile.q;.:"-.:,;]D .:.
behalf I make thiS"~erificaticn- I have read said n~tice, knev"its ":% .~ "'.).
contents, and the same is true.' 'l certify under penalty Of pe~J.~.'.~/i:?i~-'..',
that.' the foregoing is true and correct. ' ·: ..,:*':":""
Executed at Riverside , CaliforfMLa on
RD FORM 97
RESOLUTION NO. 9~ ~
A RESOLUTION OF THE C1TY COUNCIL OF THE CITY
OF TEMECULA, C.AIJI~ORNIA, ACcEI-IING CERTAIN
STREETS INTO THE CITY MAINTAINEI~STRF-ET
SYSTEM (NORTH GENERAL KEARNY ROAD FROM
NICOLAS ROAD TO THE EASTERLY CITY LIMITS AND
GOLDEN ROD ROAD FROM NORTH GENERAL KEARNY
ROAD TO THE NORTHERLY CITY
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERM]h~
AND ORDER AS FOLLOWS:
WHERE,~kS, LeO E. Roripaugh and Marian E. Roripaugh as Trustees of the Leo E.'
Roripaugh 1975 Trust dated January 14, 1975, granted to the County of Riverside an easement
for public road and drainage purposes, including public utility and public services purposes,
over, upon, across, and within certain real property within the County of Riverside, as
Instrument No. 313624, recorded October 27, 1988; and
WHEREAS, Lyon Communities, Inc., a California Corporation, Fanted to the County
of Riverside an easement for public road and drainage purposes, including public utility and
public services purposes, over, upon, across, and within certain real property within the County
of Riverside, as Instrument No. 313623, recorded October 27, 1988; and
WHEREA~, Silverado North-61 Associates, a California General Partnership
offered for dedication to the County of Riverside certain streets within Tract No 21430-1 for
street and public utility purposes, and said County of Riverside accepted said offers of dedication
by Board of Supervisors action on October 1988.
WHEREAS, The Riverside County Road Commissioner and County Surveyor accepted
the foregoing easement grants on behalf of the Rivehide County Board of Supervisors, pursuant
to the authority conveyed by Board of Supervison Resolution No. 86-194 adopted May 13,
1986, for vesting of rifle purposes only and not for acceptance into the County Maintained-Road
System; and Certificates of Acceptance were recorded October 27, 1988, as Instruments 313623
and 313624, Official Records, County of Riverside, California;
W!~-REAS, The City of Temecula became successors-in-interest to the County of
Riverside upon Incorporation, effective December 1, 1989:
WHEREAS, The Assessment District No. 161 contractor has completed the public
improvements in accordance with the plans, specifications, and standards, and the Board of
Supervisors has issued the Notice of Completion for this phase of work;
~nAS, the Riverside County Transportation Department has requested that the City
of Temecuh accept the completed work for maintenance purposes;
WHERE&S, the City concurs in the satisfactory completion of the w6rk and desires the
acceptance of these streets into the City Maintained-Street System:
r.~s~C3DRFr~0314~(3KII~OLD.ACC
NOW, THEREFORE, BE IT RK~OLVFr~ by the City Council of the City of Temecula
as follows:
Section 1. That the City of Temecula accept into the City Mainmined-Street System
those streets offered and accepted by the County of Riverside described in Exhibits "A * and *B"
attached hereto.
Section 2. The City Clerk shall certify the adoption of this resolution and accept the
streets and portions thereof, offered to and accepted by the County of Riverside, into the City
Maintained-Street System as described in Exhibits "A" and *B' attached hereto.
PASSE!l, APPROVED, AND ADOPT!~, by the City Council of the City of Temecula
at a regular meeting held on the 14th day of March, 1995.
Jeffrey Stone, Mayor
ATTEST:
June S. Greek
City Clerk
[SEALI
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TF. JVIECB )
I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that
Resolution No. 95- was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 14th day of March, 1995, by the following
vote:
CO~CIMEMBERS:
NOES:
COUNCILMI:~MBERS:
ABSENT: -
CO~CILM~ERS:
ABSTAIN: -
CO~MEMBERS:
r-~,GDRFf'x9SMBI4XNGKRGC}LD.ACC
EXHIBIT "A" TO RESOLUTION NO. 95-
Accepting the meats for public road and
drainage purposes, including public utility and
public services purposes, as previously granted
and accepted by the County of Riverside, and
those portiota of streets dedicated on Tract No.
21430-1 as accepted by the Riverside County
Board of Supervisors, all as indicated on Exhibits
"A" and riB", and accepting these portions of
subject public streets and easements lying with
the City Limits into the CRy 1%4aintsined-Street
System as described below:
A. Being a portion of that certain property described as Parcel 2
in deed to Leo E. Roripaugh and Mazian E. Roripaugh as Trustees
recorded on October 16, 1975 as Instrument No. 127086 in the office of
the County Recorder of Riverside County, as further described in
Instrument No. 313624, recorded October 27, 1988. (A portion of said
parcel also being Lot "B" as indicated on Tract No. 27827-1, recorded
August :30, 1994, in Book 249 of Maps, Pages 96-100 Incl., in the office
of the County Recorder. )
B. Those portions of Parcels 3 and 4 and Lots C, D, E, and F of
Parcel Map 7384 fried in the Parcel Map BookS0 Pages 20 and 21, in the
office of the County Recorder, Riverside County, California, as further
described in Instrument No. 313623, recorded October 27, 1988. (Also
being Lot "B" as indicated on Tract No. 22627, recorded April 5, 1991
in Book 230 of Maps, Pages 61-67 Incl., and Lot "F" as indicated on
Tract No. 22627-1, recorded April 5, 1991 in Book 230 of Maps, Pages
55-60 Incl,. both in the Office of the County Recorder.)
C. Being Lots "A" (North General Kearny Road) and "B" (Golden
Red Road) of Tract No. 21430-1 fled October 21, 1998, in Book 192 of
Maps, at Pages 1-9 Inc., in the office of the County Recorder.
r.~AGDRIYr~S~14%NGI3iBOLD.A-CC
k~xx.xlT 'B' TO RESOLT~I'ION NO. 95-
ACCEPTANCE - PORTIONS OF NORTH GENERAL I~&RNY ROAD
AND GOII~EN ROD ROAD
SEC. 49, T?S, RZW, S. 8.8.~.
VICINITY' MAP
NTS
v\
,,~TRACTS 22627 AND 22627-1~--,
--__.__._
sINT,a eERTRUDrS CI~K .~ .... ·
0 .,YlO0 eta
.NICOLAS ~0 ____ __
~NICOT,AR ROAD
pwOS'~AG DRPT~9~0314~NGKRG OLD.ACC
ITEM 8
TO:
FROM:
DATE:
SUBJECT:
APPROVA~~
CITY ATTORNEY
FINANCE OFFIC
CITY MANAGE
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Joseph Kicak, Director of Public Works/City Engineer
March 14, 1995
Acceptance of a Public Street Into the City-Maintained Street System -
a Portion of Liefer Road
o~' R
PREPARED BY: ~ aymond A. Casey, Principal Engineer - Land Development
(~Jim D. Faul, Assistant Engineer - Land Development
RECOMMENDATION:
That the City Council adopt · resolution entitled:
RESOLUTION NO. 95~_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY O.F
TEMECULA, CALIFORNIA, ACCEPTING A PUBLIC STREET INTO
THE CITY-MAINTAINED STREET SYSTEM, A PORTION OF
LIEFER ROAD
BACKGROUND:
In January of 1993, the City of Temecula received · significant amount of rainfall. The floods
resulting from those events had an impact on a number of public and private facilities. Liefer
Road was severed at its intersection with Nicolas Road leaving homeowners stranded for a
number of days.
On November 9, 1993, the City Council awarded contracts for the construction of e pre-cast
bridge over the Santa Gertrudis Creek via the Liefer Road Bridge and Street Improvements
Project, No. PW93-02. The construction has been deemed complete by Staff and on
December 20, 1994, the City Council accepted the bridge and street improvements.
r:%agd rpt%95~0314%iieferrd.a~p
This portion of Liefer Road within the City Limits was offered to the County of Riverside, but
not accepted. On December 8, 1992, the City of Temecula accepted the offer of dedication
pursuant to Resolution No. 92-92, but did not accept Liefer Road into the City-maintained
street system.
The Department of Public Works recommends that the City Council accept this portion of
Liefer Road street and drainage improvements into the City Maintained-Street System.
FISCAL IMPACT:
This portion of Liefer Road will be integrated into the City's Pavement Management System
and will receive periodic surface and/or structural maintenance efforts. The new pavement
condition of this portion of Liefer Road should necessitate only limited surface or structural
treatments for 5 to 7 years. Sufficient funds are available in Public Works Routine Street'
Maintenance Account No. 001-164-999-5402.
ATTACHMENTS:
Resolution No. 95-
with Exhibits 'A" and "B", inclusive.
r:~gdrpt~g S%0314~liefered4ep
RESOL~ON NO. 95=
A I~w. OLUTION OF THE CITY COUNCIL OF THE CITY OF
TEM~CULA, CALIFORNIA, ACCEPTING INTO THE CITY-
MAINTAINED M.'~tKKI' SYSTEM, A PORTION OF LIEFER
ROAD
The City Council of the City of Temecula does resolve, determine and order as follows:
~, the legal description for a portion of Liefer Road is set forth in Exhibit ' A" attached
hereto, has been offered for dedication,- but not accepted, to the County of Riverside;
WIIEREAS, that portion of Liefer Road is depicted in Exhibit 'B' attached hereto;
Wt/EREAS, the City of Temecula became suceesson-in-inter~ to the County of Riverside upon
Incorporation, effective December 1, 1989;
WHEREAS, the Offer of Dedi~on for street and public utility purposes was accepted, but not
accepted into the City-mnintsined street system, by the City of Temecula on December 8, 1992 by
Resolution No. 92-92;
WI/ERF, AS, the City of Temecula accepted the improvements of that portion of Liefer Road as
depicted in Exhibit "B" n__n_n_ehed hereto, on December 20, 1994 as Project No. PW93-02;
WItEREAS, the City now desires to accept into the City-maintained street system the improved
portion of Liefer Road as described in Exh~it "A" and as depicted in Exhibit "B" attached hereto;
NOW, THEREFORE, BE IT RF~OLVED by the City Council of the City of Temecula as follows:
Section 1.
That the City of Temecula accept into the City-mnintained street system the improved
portion of Liefer Road as described in Exhibit "A" and as depicted in Exhibit "B"
Section 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular
meeting held on the 14th day of March, 1995.
Jeffrey E. Stone, Mayor
ATTEST:
June S. Greek
City Clerk
[S~.~]
r:%a~l rpfig SX0314~liefend.emp
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITYOF~ )
I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that the foregoing
Resolution No. 95- was duly and re~larly adopted by the City Council of the City of Temecula at
a regular meeting thereof held on the 14th day-of March,--1995~ by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
r:~agdrpt~,95%0314Uieferrd
EXHIBIT *A* TO PI~DLUTION NO. 95-
LF-GAL DESCR1FFION - A Portion of Liefer Road
(legal desripfion attached)
r:%agd rpt%95%0314Mieforrd .atop
T,F~GAL DESCRIPTION - A Portion of Ijefer Road
Those portions of Ijefer Road as shown on Parcel Map 6276, recorded in Book 17, Page 9
of Parcel Maps, and Lot 'C' as shown on Parcel Map 18022, recorded in Book 112, Pages
28-29 IncL of Parcel Maps, being further described as follows:
A 66 feet wide strip of land lying northerly of Nicolas Road (110 feet wide),
and being 33 feet either side of the centerline of said Liefer Road as shown on
the referenced parcel maps, said strip commencing at the northerly right-of-
way line of said Nicolas Road and being lS0 feet in length.
The right-of-way corner cut-offs in Liefer Road abutting the Nicolas Road
right-of-way at the northwesterly and northeasterly comers of side intersection.
JOSEPH KI
EXHIBIT 'B" TO RESOLUTION NO. 9~
SUBJECT ACCEPTANCE - A PORTION OF LIEFER ROAD
(Plat attached)
r:%agd rpt%95~0314%iieferrd.aq~
ITEM 9
TO:
FROM:
DATE:
SUBJECT:
APPROVAL ~
CITY ATTORNEY
FINANCE OFFIC
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Joseph Kicak, Director of Public Works\City Engineer
March 14, 1995
Professional Services with Albert A. Webb Associates for the design of
Solana Way Storm Drain Improvements
PREPARED BY:/~ Don Spagnolo, Principal Engineer - Capital Projects
Scott Harvey, Associate Engineer
RECOMMENDATION:
That the City Council approve the Professional Services Agreement between the City of
Temecula and Albert A. Webb Associates to design Solana Way Storm Drain Improvements
for the amount of $20,180.00.
BACKGROUND:
A request for proposal (RFP) for Professional Engineering Services was prepared for this
project for the development of the plans and specifications for the proposed storm drain
improvements. The current storm drain improvements along Solana Way consist of a 78"
reinforced concrete pipe (R.C.P.) beginning on the easterly side of Margarita Road extending
westerly down Solana Way and outletting just west of the Acacia Park Resort apartments.
Then the storm flow meanders through the vacant lot and confluence's at the southeast corner
of Ynez Road and Solana Way, inletring into two storm drain systems. The two storm drain
systems consists of a 54" concrete pipe and 3- 48" metal pipe both of which extend westerly
to the west side of Ynez Road and proceed under I-15 to Murrieta Creek.
The project requirements include designing the most appropriate size storm drain system that
would be capable of handling a 100 year storm flow to connect the existing 78" pipe to the
54" pipe and the 3- 48" pipes. The proposed storm drain facilities will be located within an
on-site drainage easements which will be dedicated to the public.
The proposals were reviewed and a contract was negotiated with the highest ranking firm
Albert A. Webb Associates, for the design of the Solana Way Storm Drain Improvements. The
consultant will perform utility research for the project and will provide topographic base maps;
storm drain, legal plats for easements, hydrology, hydraulic and soil reports; pot holing and
utility coordination; project specifications, cost estimates, and all necessary agency permits
as stated in the exhibit "A" of the contract.
-1 - r:Xagdtpt\95\0314Xsolanasd.agn
FISCAL IMPACT:
The total design cost for the Solana Way Storm Drain Improvements is $ 20,180.00 which will
be funded by CFD88-12.
ATTACHMENT:
Albert A. Webb Associates Agreement
-2- r: ~dtpt~95~03 14~oknud.egu
PROFESSIONAL SERVICES
This Agreement was made and entered into this 14th day of March, 1995, by and
between the City of Temecula ("City"), a municipal corporation, and Albert A. Webb
Associates, a California Corporation ("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 "A".
Performance. Consultant shall at all times, faithfully, industrially and to the best of
his ability, experience and talent, perform all tasks described her·in.
Paymere. The City agrees to pay Consultant monthly, at the hourly rates set forth
in Exhibit "B" attached her·to, based upon actual time spent on the above tasks.
This amount will not exceed $20,180.00for the total term of the Agreement unless
additional payment is approved by the City Council; orovided that the City Manager
may approve additional payment 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 within thirty (30) days of
receipt of each invoice.
Amendments. This Agreement may be amended so long as such amendment is in
writing and agreed upon by both the City Council and Consultant.
e
OwnershiD of Documents. Upon satisfactory completion of or in the event of
termination, suspension or abandonment of this Agreement, all original documents,
designs, drawings, and notes prepared in the course of providing the services to be
performed pursuant to this Agreement shall become the sole property of the City
and may be used, reused or otherwise disposed of by the City without the
permission of the Consultant.
Termination. The City may terminate this Agreement without cause so long as
written notice of intent to terminate is given to Consultant at least three (3) days
prior to the termination date. In the event of termination, Consultant shall be paid
for the services performed·
Indemnification. The Consultant agrees to defend, defend, indemnify, protect and
save harmless the City, 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 Cbnsultant's acts or omissions under the terms of this
Agreement, excepting only liability arising out of the sole negligence of the City.
- 1 - r:%rfp\026\webb .agrlajp
¸10.
11.
Status of Consultant. Consultant is an independent contractor in all respects in the
performance of this Agreement and shall not be considered an employee of the City
for any purpose, No employee benefits shall be available to Consultant in
connection with the performance of this Agreement.
Except as provided in the Agreement, City shall not pay salaries, wages, or other
compensation to Consultant for performing services hereunder for City. City shall
not be liable for compensation or indemnification to Consultant for injury or sickness
arising out of performing services hereunder,
Term. This Agreement shall commence on March 15, 1995, and shall remain and
continue in effect until tasks described herein are completed, but in no event later
than March 15, 1996,
Default. In the event that Consultant is in default for cause under the terms of this
Agreement, the City shall have no obligation or duty to continue compensating"
Consultant for any work performed after the date of default. Default shall include
not performing the tasks described herein to the reasonable satisfaction of the City
Manager of the City. Failure by the Consultant to make progress in the performance
of work hereunder, if such failure arises out of causes beyond his control, and
without fault or negligence of the Consultant, shall not be considered a default.
Any disputes regarding performance, default or other matters in dispute between
the City and the Consultant arising out of this Agreement or breech thereof, shall
be resolved by arbitration. The arbitrator's decision shall be final.
Consultant shall select an arbitrator from a list provided by the City of three retired
judges of the Judicial Arbitration and Mediation Services, Inc. The arbitration
hearing shall be conducted according to California Code of Civil Procedure Section
1280, qt sea. City and Consultant shall share the cost of the arbitration equally.
Notices. Notices shall be given pursuant to this Agreement by personal service on
the party to be notified, or by written notice upon such party deposited in the
custody of the United States Postal Service addressed as follows:
City:
Attention: City Manager
City of Temecula
43174 Business Park Drive
Temecula, CA 92590
Consultant: Albert A. Webb Associates
Attention: Roger D. Prend, P.E.
3788 McCray Street
Riverside, California
The notices shall be deemed to have been given as of the date of personal service,
or three (3) days after the date of deposit of the same in the cust. ody of the United
States Postal Service.
-2- r:\rfp~,O26\webb .egrlajp
12.
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.
13.
LiabiliW. 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.
14.
Licenses. Consultant and subconsultant shall obtain all necessary licenses,
including but not limited to, City Business Licenses.
The parties hereto have executed this Agreement on the date and year above
written.
CONSULTANT
CITY OF TEMECULA
By:
By
Jeffrey E. Stone, Mayor
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
ATTEST:
June S. Greek, City Clerk
-3- r:\rfp~026~webb.agrlajp
~r~TBTT
~ TO BE
SCOPE OF WORK AND LABOR-HOURS PROJECTIONS
Albert A. Webb Associates shall perform all work required for the design and preparation
of plans, specifications, and estimates for the Solana Way Storm Drain as specified by the
City. Said work shall include, but not be limited to, the following:
PHASE I-CONSTRUCTION DOCUMRNTS
A . DRAINAGE
Since the approximate alignment for the Solana Way Storm Drain is set and the
upstream hydrology established, the emphasis will be to determine the hydwlogical
impacts of the adjacent 16.6 acres not only in the interim condition, but in the
ultimate condition as well. The hydrology will be established by a search of
existing records and the use of the Rational Method Computer Model for Riverside
County.
The hydraulics for this project will center around establishing the branching
flowrates. The branching flowrate will be based upon the impacts to the
downstream facilities. Once the branching flowrates are established, the storm
drain system will need to be checked for three conditions. These conditions include
the interim conditions, ultimate conditions, and the case where one branch of the
system fails.
All hydrology and hydraulic data will be complied into a report for review and
approval by the appropriate agencies.
Although the impacts to traffic should be minimal, a traffic control plan for
construction traffic into and out of the site will be prepared as part of the
construction document. Erosion control measures shall also be incorporated into
the traffic contwl plan.
Plans: Storm drain improvement plans will be prepared on a scale of 1"=20'. The
traffic control plan and erosion control plan will be prepared on a copy with the
existing street improvement plan. Tentatively the following drawings will be
prepared as pan of the construction documents.
Sheet Description
Title Sheet
Storm Drain Plan/Profile
Detail Sheet
Traffic Control and Erosion Control Plans
fist. No. of Sheets
1
2
1
1
TOTAL 5
GRADING
Due to the nature of the existing terrain over the proposed alignment, grading will
play a critical role in the design of the improvements. A proper grading design will
need to incorporate the future needs of the property, as well as interim impacts, all
the while minimizing the cost of the proposed storm drain. In order to accomplish
WEBB -1 -
ASSOCIATES
this, Webb Associates will provide the necessary field survey to verify the existing
utilities and structures, provide topographical information of the effected area, and
provide a benchmark for use during the construction phase.
From this information, Webb Associates will prepare the legal descriptions and
plats for the storm drain easement and temporary construction easement. It is
understood that the City will provide the necessary coordination for the relocation
of the Southern California Edison power poles. Webb Associates will provide all
utility purveyors with a set of construction drawings at the time of first submittal for
review and comment.
ENVIRONMENTAL PERMITTING
Because of portion of the work will encroach into a blueline streambed, a Section
1601 Stream bed Alternation Permit may be required. Once the project is awarded,
consultation with the Department of Fish and Game will commence and the
appropriate permits ob~ned. Although it is not anticipated that this project will fall
under the jurisdiction of the U.3. Army Corps of Engineers, the appropriate
notifications will be made. Erosion control will include non-irrigate eroswn control
methodologies only.
Final permitting and agreements with the Corps of Engineers, and Department of
Fish and Game will be based on the actual design plan. Webb Associates will meet
with the Planning Department once the project is awarded to that the City may start
the initial study for the Negative Declaration. Webb Associates will also meet with
the California Department of Fish & Fame to determine if permitting will be
required and if so, what mitigation will be necessary.
SPECIFICATIONS
Project specifications, contract docments, and bid schedule will be prepared for a
complete "turn-key" package incorporating the City of Temecula's Standard
"Boilerplate" specifications.. Webb Associates will redline the boilerplate for review
and pwcess by the City.
Final quantity calculations and final cost estimates for the storm drain construction
will be prepared for incorporation into the bid package.
GEOTECHNICAL
The geotechnical engineering approach to the pwject will be based upon our intent
to supply the project engineering and the contracWr bidding the job with sufficient
data to design and properly bid the construction for the alignment of the Solana
Way Storm Drain.
WEBB '2-
ASSOCIATES
PHASE H--BID ASSISTANCE
As part of the "turn-key" pac.kage for the Solaria Way Storm Drain, Webb Associates will
provide bid assistance servxces during the bid peflod. These services will include
answering questions regarding the projea and specifications, and providing addenda.
As an additional service, Webb Associated can provide services for the distribution of the
bid package, preparation of a bid analysis once the bids are opened and preparing a
recornn~ndation for award. These services can be added and a cost negotiated at the City' s
option.
PHASE HI--CONSTRUCTION
During the construction phase of the project, Webb Associates will assist the City with any
questions that may arise regarding the design and specifications. To this end, we nllocated
8 man-hours for this service.
As an additional service, Webb Associate can provide services for full-scale construction
management and contract administration. These services would include review of
submiRals, project coordination, dispute resolution, review of certified payroll, review of
progress estimates, preparation of change ordexs and processing the Notice of Completion.
These services can be added and a cost negotiated at the City' s option.
COST PROPOSAL
Our cost proposal is to provide monthly billed on a time and material basis in accordance
with the attached Schedule of Fees. Total fees for services detailed in our scope of work
shall not exceed $20,180. This cost includes charges for printing, copying, mileage,
telephone, postage, outside services, subsistence, clerical services, computer time,
elecu'onic distance measuring equipmere, and for coordination or other incidental services.
It is understood that the City will pay any fees required by other public agencies for their
application processing, project review, plan check, and permit issuance.
INSURANCE
Webb Associates presently maintains both public liability and worker compensation coverage and
is willing and able to meet the City' s insurance and indemnification requirement Webb also
carries professional liability insurance of $1 million. A certificate naming the City of Temecula as
additional insured will be provided at project commencement.
WEBB -3 -
ASSOCIATES
WEBB
ASSOCIATES
ENGINE~'~NG CONSUI, TAN'~
EXhiB],I "B" PAYFLEN~ SCHEDULE
FEE SCHEDULE
CLASSIFICATION
Office Enfineerinl
Senior Consultant ...........................................................................
Principni Eng~r ..........................................................................
Project Manager .............................................................................
Project Engineer .............................................................................
Assistant Project Manager .................................................................
Engineer- Designer .........................................................................
Designer - Senior ............................................................................
Designer .......................................................................................
Assessment Engineer - Senior ............................................................
Assessment Engineer .......................................................................
Assistant Assessment Engineer ..........................................................
Environmental Planner- Principal ......................................................
Environmental Planner - Senior ..........................................................
l=_nvironmental Planner .....................................................................
S95.00 Per Hour
90.00 Per Hour
85,00 Per Hour
85.00 Per Hour
65.00 Per Hour
70.00 Per Hour
65.00 Per Hour
60.00 Per Hour
85.00 Per Hour
75.00 Per Hour
50.00 Per Hour
75.00 Per Hour
70.00 Per Hour
60.00 Per Hour
Draftsman - Senior ..........................................................................50.00 Per Hour
Draftsman .....................................................................................45.00 Per Hour
Support Services
Administrative Azsismnt ..................................................................
Word ~or with Equipment ..........................................................
Clerical ........................................................................................
Field Services
Public Works Supervisor ...................................................................
Inspector- Senior ...........................................................................
Inspector ......................................................................................
3-Mau Survey Party and Equipment- ....................................................
2-Man Stnvey Parry and Equipment ......................................................
1-,~an Survey Party and Equipment ......................................................
Elcc:Enic Distancc Measuring Equipment .............................................
Survey/Inspector Vehicle ..................................................................
Ours{de Services
50.00 Per Hour
35.00 Per Hour
23.00 Per Hour
60.00 Per Hour
55.00 Per Hour
50.00 Per Hour
175.00 Per Hour
130.00 Per Hour
74.00 Per Hour
10.00 Per Hour
.55 Per M. ile
Special Coosultants and Purebused Services ...........................................Cost Plus 15%
Miscellaneous
Incidental Expenses .........................................................................Cost
Postage ........................................................................................Cost
Prints, Copies, Telephone, Dellvev] Charges ......................................... Cost
Travel & Subsistence .......................................................................Cost
Mileagc .........................................................................................35 Per Mile
Computer Time ...............................................................................25.00 Per Hour
NOTE: All rates are subject to chang= based on annual inilation and cost of living adjusnnen~s.
*A FINANCE CHARGE of one and one haft Ixrcent (I-1/2%) Ixr moats (18% [xr y~at) ~ b= add~l ,~ any unpaid amount commc,,ciag thin7
(30) days from dam of invoice. A m-,'hanic's lica may Ix: ~lat for any invoice t~maininlt unpaid ~ tsitW 00) days from date of invoice.
SCH I1 FONT 12/i/9I
ITEM 10
TO:
FROM:
DATE:
.SUBJECT:
APPROVA~R~
CITY ATTORNEY
FINANCE OFFI
CITY MANAG
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Joseph Kicak, Director of Public Works/City Engineer
March 14, 1995
Award of Contract for the Moraga Road Street Widening,
Project No. PW92-10
PREPARED BY:/f~ Don Spagnolo, Principal Engineer - Capital Projects
Scott Harvey, Associate Engineer
RECOMMENDATION:
That the City Council:
Award a contract for the construction of Moraga Road Street Widening, Project No.
PW92-10 to Ronald L. Harris Construction for $102,721.00and authorize the Mayor
to execute the contract.
Authorize the City Manager to approve change orders not to exceed the contingency
amount of $10,272.10 which is equal to 10% of the contract amount.
BACKGROUND:
On January 10, 1995, the City Council approved the construction plans and specifications,
and authorized the Department of Public Works to solicit public construction bids. The design
of the widening of Moraga Road between Margarita Road and Rancho California Road, includes
an extension of a box culvert with an outlet structure, channel grading, road widening and
striping.
The estimated construction cost for this project was $120,000.00.
Thirteen (13) bids for the project were publicly opened on March 2, 1995 and the results for
the base bid are as follows:
1. Ronald L. Harris ................. $102,721.00
2. West Coast Construction .......... $109,872.50
3. A.L. Chavez Enterprises Inc .... , .... $109,994.84
4. K.L.M. Engineering ............... $112,265.64
-1 - r:%egdrpt~,95%0314%pw92-10.awdlsh 030195
5. Pro-Civil Engineering, Inc ........... $113,398.85
6. Heritage Engineering Construction, Inc. $114,151.00
7. Nottson Construction, Inc .......... $117,931.08
8. Sean Malek Engineering & Construction $122,031.00
9. Eastland Construction, Inc .......... $130,584.00
10. Shawn G. Welsh ................ $139,927.00
11.
12.
Double D. Pipeline, Inc ............ $152,649.00
H.S. Excel Corporation ............ $155,721.64
13. Edmondson Construction .......... $165,317.25
Staff reviewed the bid proposal from Ronald L. Harris Construction and found that the proposal
was complete and in order. Ronald L. Harris Construction has not performed any work for the
City, but has performed well in other areas of Riverside County based on comments from
references of previous work.
A copy of the bid summary is available for review in the City Engineer's office.
FISCAL IMPACT:
This is a Capital Improvement Project and will be funded through Measure A. Funds are
available for the construction contract and contingency amounts of $102,721.00, and
$10,272.10 respectively. The total amount of $112,993.10 has been transferred from the
Measure A to the Capital Improvement Fund, and has been appropriated in account #210-165-
625-5804.
Attachment:
Ronald L. Harris Construction Contract
-2- r:%agdrpt%95%0314%pw92-10.awdlsh 030195
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACT
FOR
PROJECT NO. PW92-10
MORA GA ROAD WIDENING
THIS CONTRACT, made and entered into the 14th day of March, 1995, by and between the City
of Temecula, a municipal corporation, hereinafter referred to as "CITY", and Ronald L. HaAs
Construction, hereinafter referred to as "CONTRACTOR."
WITNESSETH:
That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows:
1.a.
CONTRACT DOCUMENTS. The complete Contract includes all of the Contract
Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance
Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW92-10
MORAGA ROAD WIDENING, Insurance Forms, this Contract, and all modifications and
amendments thereto, the State of California Department of Transportation Standard
Specifications (1992 Ed.) where specifically referenced in the Plans and Technical
Specifications, and the latest version of the Standard Soecifications for Public Works
Construction, including all supplements as written and promulgated by the Joint
Cooperative Committee of the Southern California Chapter of the American Associated
General Contractors of California (hereinafter, "Standard Specifications") as amended by
the General Specifications, Special Provisions, and Technical Specifications for PROJECT
NO. PW92-10 MORAGA ROAD WIDENING. Copies of these Standard Specifications are
available from the publisher:
Building News, Incorporated
3055 Overland Avenue
Los Angeles, California 90034
(213) 202-7775
The Standard Specifications will control the general provisions, construction materials, and
construction methods for this Contract except as amended by the General, Specifications, Special
Provisions, and Technical Specifications for PROJECT NO. PW92-10 MORAGA ROAD WIDENING.
In case of conflict between the Standard Specifications and the other Contract Documents, the
other Contract Documents shall take precedence over and be used in lieu of such conflicting
portions.
Where the Contract Document describe portions of the work in general terms, but not in complete
detail, it is understood that the item is to be furnished and installed completed-and in place and
that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR
shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved
in executing the Contract.
CONTRACT CA-1 r:~cip~projects~1992~pw92-10~contract/ajp
e
e
The Contract Documents are complementary, and what is called for by anyone shall be as binding
as if called for by all. Any conflict between this Contract and any other Contract Document shall
be resolved in favor of this Contract.
SCOPE OF WORK.. CONTRACTOR shall perform everything required to be performed, shall
provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility
and transportation services required for the following:
PROJECT NO. PW92-10 MORAGA ROAD WIDENING
All of said work to be performed and materials to be furnished shall be in strict accordance with
the Drawings and Specifications and the provisions of the Contract Documents hereinabove
enumerated and adopted by CITY.
CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work
performed and completed under the direction and supervision and subject to the approval of CITY
or its authorized representatives.
CONTRACT AMOUNT AND SCHEDULE. CITY agrees to pay and CONTRACTOR agrees to accept
in full payment for the work above-agreed to be done, the sum of: One Hundred Two Thousand
Seven Hundred Twenty-one DOLLARS end 00 CENTS {$102,721.00), the total amount of the
base bid.
CONTRACTOR agrees to complete the work in a period not to exceed ONE HUNDRED & TEN
(110) working days, commencing with delivery of Notice to Proceed by CITY. Construction shall
not commence until bonds and insurance are approved by CITY.
CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City
Manager is hereby authorized by the City Council to make, by written order, changes or additions
to the work in an amount not to exceed the contingency as established by the City Council.
6. PAYMENTS.
Ae
Before submittal of the first payment request, the CONTRACTOR shall submit to the City
Engineer a schedule of values allocated to the various portions of the work, prepared in
such form and supported by such data to substantiate its accuracy as the City Engineer
may require. This schedule, as approved by the City Engineer, shall be used as the basis
for reviewing the CONTRACTOR's payment requests.
Pursuant to Section 20104.50 of the Public Contracts Code, within thirty (30)days after
submission of a payment request to the City, the CONTRACTOR shall be paid a sum equal
to ninety percent (90%) of the value of the work completed. Payment request forms shall
be submitted on or about the thirtieth (30th) day of each successive month as the work
progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall
be made sixty (60) days after completion of the work and the CONTRACTOR filing a one-
year Warranty and an Affidavit of Final Release with the CITY on forms provided by the
CITYo
Ce
Payments shall be made on demands drawn in the manner required by law, accompanied
by a certificate signed by the City Manager, stating that the work for which payment i,.
CONTRACT CA-2 r:~,cip~rojects\ 1992\pw92-10%contractlajP
demanded has been performed in accordance with the terms of the Contract, and that the
amount stated in the certificate is due under the terms of the Contract. Partial payments
on the Contract price shall not be considered as an acceptance of any part of the work.
De
Interest shall be paid on all undisputed payment requests not paid within 30 days pursuant
to Public Contracts Code Section 20104.50. Public Contracts Code Section 7107 is
hereby incorporated by reference.
WARRANTY RETENTION. Commencing with the date the Notice of Completion is recorded, the
CITY shall retain a portion of the Contract award price, to assure warranty performance and
correction of construction deficiencies according to the following schedule:
CONTRACT AMOUNT
$25,000-$75,000
$75,000-$500,000
Over $500,000
RETENTION PERIOD
180 days
180 days
One Year
RETENTION PERCENTAGE
3%
$2,250 -!- 2% of amount in
excess of $75,000
$10,750 + 1% of amount
in excess of $500,000
LIQUIDATED DAMAGES: EXTENSION OF TIME. In accordance with Government Code SeCtion
53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of One Thousand Dollars
($1,000.00) per day for each calendar day completion is delayed beyond the time allowed
pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due
to or to become due to CONTRACTOR. Such sum shall be deducted from any payments due to
or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will
not be assessed liquidated damages for unforeseeable delays beyond the control of and without
the fault or negligence of the CONTRACTOR including delays caused by CITY. CONTRACTOR
is required to promptly notify CITY of any such delay.
WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above,
CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to
the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance
by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related
to the payment. CONTRACTOR shall be required to execute an affidavit, release and indemnity
agreement with each claim for payment.
10.
PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of
the State of California, the City Council has obtained the general prevailing rate of per
diem wages and the general rate for holiday and overtime work in this locality for each
craft, classification, or type of workman needed to execute this Contract, from the
Director of the Department of Industrial Relations. These rates are on file with the City
Clerk. Copies may be obtained at cost at the City Clerk's office of Temecula.
CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the
adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the
provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor
Code.
CONTRACT CA-3 r:~cip%projects~1992~pw92-10~contract/ajp
Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY,
as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer,
worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done
under this Contract, by him or by any subcontractor under him, in violation of the provisions of
the Contract.
11.
TIME OF THE ESSENCE. Time is of the essence in this contract.
12.
INDEMNIFICATION. All work covered by this Contract done at the site of construction
or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR
alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, its
officers, employees, and agents, against any and all liability, injuries, or death of persons
(CONTRACTOR's en~ployees included) and damage to property, arising directly or
indirectly out of the obligations herein undertaken or out of the operations conducted by
CONTRACTOR, save and except claims or litigations arising through the sole active
negligence or sole willful misconduct of the CITY.
13.
GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents,
or representatives has offered or given any gratuities or promises to CITY's employees,
agents, or representatives with a view toward securing this Contract or securing favorable
treatment with respect thereto.
14.
CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage
relationship, and that he is not in any way associated with any City officer or employee,
or any architect, engineer, or other preparers of the Drawings and Specifications for this
project. CONTRACTOR further warrants that no person in his/her employ has beer
employed by the CITY within one year of the date of the Notice Inviting Bids.
15.
CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this
Contract, CONTRACTOR shall file with the City Manager his affidavit stating that all
workmen and persons employed, all firms supplying materials, and all subcontractors upon
the Project have been paid in full, and that there are no claims outstanding against the
Project for either labor or materials, except certain items, if any, to be set forth in an
affidavit covering disputed claims or items in connection with a Stop Notice which has
been filed under the provisions of the laws of the State of California.
16.
NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that
any actual or potential labor dispute is delaying or threatens to delay the timely
performance of the Contract, CONTRACTOR shall immediately give notice thereof,
including all relevant information with respect thereto, to CITY.
17.
BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof
as may be engaged in the performance of this Contract, shall at all reasonable times be
subject to inspection and audit by any authorized representative of the CITY.
18.
INSPECTION. The work shall be subject to inspection and testing by CITY and its
authorized .representatives during manufacture and construction and all other times and
places, including without limitation, the plans of CONTRACTOR and any of its suppliers.
CONTRACTOR shall provide all reasonable facilities and assistance for the safety anr~--I
convenience of inspectors. All inspections and tests shall be performed in such mann~
CONTRACT CA-4 r:~cip~projects~1992~,ow92-10~contractlajP
as to not unduly delay the work. The work shall be subject to final inspection and
acceptance notwithstanding any payments or other prior inspections. Such final
inspection shall be made within a reasonable time after completion of the work.
19.
DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not,
discriminate in its employment practices on the basis of race, creed, religion, national
origin, color, sex, age, or handicap.
20.
GOVERNING LAW. This Contract and any dispute arising hereunder shall be governed by
the law of the State of California.
21.
WRITTEN NOTICE. Any written notice required to be given in any part of the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid,
directed to the address of the CONTRACTOR as set forth in the Contract Documents, and
to the CITY addressed as follows:
Joseph Kicak, Director of Public Works/City Engineer
City of Temecula
43174 Business Park Drive
Temecula, CA 92590-3606
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first
above written.
DATED:
CONTRACTOR
By:
Print or type NAME
Print or type TITLE
DATED:
APPROVED AS TO FORM:
CITY OF TEMECULA
By:
Jeffrey Stone, Mayor
Peter M. Thorson, City Attorney
.ATTEST:
,"".June S. Greek, City Clerk
CONTRACT CA-S r:%cip%projects%1992%pw92-10\contractlejP
ITEM 11
APPROVAL
CITY ATTORNE~~
FINANCE OFFIC
CITY MANAGE
CITY OF TEMECULA
AGENDA REPORT
DATE:
TO:
FROM:
SUBJECT:
March 14, 1995
City Manager/City Council
Peter Thorson, City Attorney ~
Cable Television Rate Regulation
RECOMMENDED ACTION:
That the City Council:
1. Adopt the Resolution entitled:
RESOLUTION NO. 95-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A SETTLEMENT OF ITS
INVESTIGATION OF CABLE TELEVISION RATES FOR BASIC
SERVICE AND ASSOCIATED EQUIPMENT
3. Direct Staff to file a Petition for Special Relief requesting that the FCC review Inland
Valley's rates for the period after July 14, 1994.
SUMMARY
On September 13, 1995 the City Council adopted a resolution allowing it to regulate Cable
television rates. The Council also directed the City Attorney and the accounting firm of
Diehi, Evans and Company to review the rates in accordance with Federal Communications
Commission regulations.
As a result of this review, the following rate change is proposed:
* A reduction in basic Cable TV rates of 43¢ per subscriber.
. A credit to each current subscriber of $3.00 for the period of September 1,
1993 to July 14, 1994.
Staff is also recommending that the rate review for the period after September 14, 1994
be conducted by the FCC. This will save the City approximately $8,900 for the cost of
preparing the report.
BACKGROUND OF CABLE TELEVISION RATE REGULATION BY CITY:
In 1992, Congress amended the Federal Cable Television Act to authorize cities to regulate
basic tier cable television rates. The FCC was directed to develop regulations to implement
rate regulation.
The FCC issued its initial regulations in April 1993, effective September 1993. These
regulations provided a "benchmark" formula for determining the rates e cable operator
would charge if instead of being in a monopoly position, it were subject to effective
competition.' Cable systems whose rates exceeded the applicable benchmark were
required to reduce their rates either to the benchmark or by 10%, whichever reduction was
less. The 10% "competitive differential" represented the average difference that the FCC
determined existed between the rates of competitive and noncompetitive cable systems.
In order to determine if the operator's rates are at the benchmark, the FCC developed FCC
Form 393. Through completing Form 393, the operator determines what its benchmark
rates are. The City is then responsible for reviewing and approving the "basic tier" rates
set forth in the Form 393. The basic tier includes all the broadcast channels.
In addition, the FCC regulates rates for the "cable programming service" ("CPS") tier
according to the same formula used to establish basic service tier rates. The CPS tier is
any package of program services not included in the basic tier and for which a subscriber:
must pay an additional fee. The CPS tier typically includes satellite channels such as
ESPN, CNN, Prime Ticket and the like.
Finally, the rates for all other programming services offered on a per channel or per
program .basis, such as HBO and Disney, are unregulated.
Then in March 1994, the FCC refined its economic model of competitive rates, concluding
that the competitive differential should be 17%. This new model resulted in amended rate
regulations, effective July 15, 1994. These new regulations adjusted the benchmark
formula downwards, and rolled back rates to the new benchmark or by 17%, whichever is
less. The FCC also permitted cable operators the option of justifying their rates based
upon actual cost. Since July 15, 1994, Inland has followed the latter rate approach and in
August 1994, it filed its new "cost of service" rate schedule (known as Form 1220) with
the City.
Review of Rates for Period of September 1, 1993to July 14. 1994 (Form 393):
The City Council adopted Resolution No. 93-74 on September 14, 1993, directing Staff to
certify the City with the FCC as a rate regulator. In response, Inland Valley submitted its
initial Form 393 with the City.
Burke, Williams & Sorensen, with the assistance of Diehi, Evans & Company, have
reviewed the Form 393. On September 29, 1994, they filed with the City their reports
recommending that the City disapprove the September 1, 1993 rates and order a refund to
basic subscribers within the City. (Attachment B and C.) The Diehi, Evans Report
recommended the following rate adjustment.
TEMECULA CABLE TELEVISION RATES
September 1, 1993 - July 14, 1994
Subscriber Rates
Bawic Channels
Price Per Channel
September 1, 1993 (Actual)
September 1, 1993 (Permitted)
Rate Reduction
II. Eauioment Rates
September 1, 1993 (Actual)
September 1, 1993 (Permitted)
Rate Reduction
$11.82 23
$11.66 23
$0.16
Converters Remote
$2.55 $0.50
$2.34 $0.32
$0.21 $0.18
$0.513
$0,506
These changes would result in the following refund for the 10.5 month period:
Basic tier: $.1 e per month x 9,118 subscribers x 10.B months ,- $15,319.92
Converters: ~.21 per month x 2,800 subscribers x 10.6 months - e 6,174.00
Remote Controls: $.18 per month x 2,700 subscribers x 10.5 months = $ 5,103.00
Total: 12e,69e.92
+interest
This works out to approximately $2.92 for each of the 9,119 basic tier subscribers as of
March 1994, plus interest of 7% accruing from the date of the original payment. The
amount of the interest per subscriber would be approximately ~0.20.
A public hearing was then held before the City Council on October 11, 1994 to consider
the reports. Prior to the public hearing, Inland Valley's attorneys submitted written
objections to the analysis completed by Burke, Williams & Sorensen and Diehi, Evans &
Company.
At the public hearing, the matter was first continued to November 29, 1994, and then off-
calendar, to allow additional time to resolve differences with Inland Valley on the correct
rates. During this period Diehi, Evans reran the Form 393 making some of the adjustments
requested by Inland Valley's attorneys. (Attachment E.) However, some adjustments
were not made, as explained in detail by letter from Burke, Williams & Sorensen to Inland
Valley. (Attachment F.)
After extensive discussions, Inland Valley has proposed 8 settlement of the rate dispute.
The settlement will credit each current subscriber $3.00, representing the period from
September 1, 1993 through July 14, 1994. There will be no rate adjustment for this
period because Inland Valley changed its rate structure after July 14, 1994. In addition,
although normally the City would be required to refund franchise fees paid by Inland
associated with the rate refund,. Inland is waiving its right to such a franchise fee. The
amount of this franchise fee would have been approximately $1,350.00. '
It is recommended that the Council adopt the attached Resolution ordering a credit of
$3.00 per subscriber.
REVIEW OF RATES AFTER JULY 14.1994 (Form 1 ~0)
On August 14, 1994, Inland Valley filed a Form 1220 with the City to determine its
maximum basic service tier rates from July 14, 1994 forward. Filing this Form was
somewhat of an unusual step because it uses a "cost of service" basis to establish
maximum rates. Most cable operators file a Form 1200, which establishes rates according
to the FCC "benchmark" formula.
Inland's new rate structure under its Form 1220 is as follows:
Baic Tet Rate Cable $11.36
PRE AUGUST 14. RATE REDUCTION POST AUGUST 14, MAXIVIJM FORM
1994 RATES 1994 ACTUAL 1220 RATES
RATES
$11.60 I 11.36 t 17.74
PonessoW Intent $ 0.46 $ 0.00 I 0.00 $ 0.00
Tax
TOTAL S 11.82 S 11.66 $ 11.36 S 17.74
This rate schedule means that unless the City disapproves the rates contained in the Form
1220, Inland will have significant discretion to increase its rates up to 50% in the future.
The cost to the City for preparing a report analyzing the Form 1220 would be $8,900.
However, while cities are responsible for review of benchmark rates, the City may request
special assistance from the FCC to evaluate cost-of-service showings. Normally, the City's
petition must be filed with the FCC within 30 days of its receiving the cable operator's
cost-of-service showing. However, the City may still Petition the FCC to review the Form
1220 at this time.
To avoid the cost and expense of a City review, Staff recommends the Council direct that
the FCC be petitioned to review the Form 1220. If the petition is denied, the Council can
then consider whether to review the Form 1220.
FISCAL IMPACT:
None.
ACTION DOCUMENTS:
A. A Resolution regarding cable rates
SUPPORTING DOCUMENTS:
Letter from Burke, Williams & Sorensen, dated September 29, 1994
Report from Diehi, Evans & Company, dated September 21, 1994.
Letter from October 6, 1994 and November 9, 1994 from Inland Valley's Attomeys
(Cole, Raywid & Braverman)
Revised Form 393 from Diehi, Evans & Company, dated October 18., 1995.
Letter from Burke, Williams & Sorensen, dated November 21, 1994.
Settlement Proposal of Inland Valley, dated March 1, 1995.
A~A~ A
RESOLUTION NO. 9~-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TI~iECULA DISAPPROVING THE CABLE
TELEVISION RATES FOR THE BASIC SERVICE TIER
AND ASSOCIATED Eq~ AND INST~-LL&TION
CHARGES OF INLAND VALLEY CABLEVISION, AND
ORDERING A RF, FUND FOR EXCESSlYE RATES FOR
THE PERIOD FROM sEFrEMBER 1, 1993 THROUGH
JULY 14, 1994
WHEREAS, the City of Tcmecula ("City") was certified to regulate rates for
cable programming services and equipment pursuant to the Cable Television Consumer
Protection and Competition Act of 1992;
WHEREAS, Western Communications, dba Inland Valley Cablevision
('Inland Valley') holds a franchise to operate a cable television system within the City;
WB'I~,EAS, on or about lanuary 26, 1995, Inland Valley filed its Form 393
with the City seeking approval of its maximum initial permitted rates for regulated cable
programming services and equipment;
WHEREAS, the City has obtained reports dated September 29, 1995 from
Burke, Williams & Sorensen and September 21, 1995 from Diehl, Evans & Company,
analyzing the Form 393 submitted by Inland Valley;
WHEREAS, Inland Valley has submitted a response to the these Reports, by
way of a letters from Cole, Raywid & Braverman dated October 6, 1995 and November 9,
1995;
WHEREAS, Inland Valley has extended the time for the City to act on the
Form 393 to March 31, 1995;
W!~-REAS, Inland Valley disagrees with the City's analysis of its rates, but
in order to avoid the necessity for an appeal to the Federal Communications Commission, it
has proposed a settlement by way of letter dated March 1, 1995;
WHEREAS, the City Council has held a public meeting pursuant to Sections
76.935 and 76.942 of Title 47 of the Cede of Federal Regulations to take written and oral
testimony from.all interested parties, including Inland Valley, concerning the Form 393
submitted by Inland Valley, the aforementioned reports and Inland Valley's response thereto;
and
WmmEAS, the City Council has considered the testimony received during
the public meeting and the reports and leUer described above;
WHEREAS, the City Council agrees to the settlement proposed by Inland
Valley of the outstanding issues regarding application of the Federal Communication
Commission regulations governing basic service tier ra~ and the associated equipment and
installation charges for the period from September 1, 1993 through July 14, 1994;
NOW, TIn~E~, THE CITY COUNCIL OF ~ CITY OF
~TI~IF_JL'~LTLA DOES RESOLVE, DETERMINE AND ORDER AS FOT~LOWS:
Section 1. For the period from September 1, 1993 through July 14, 1994 during
which FCC Form 393 governed the basic service tier rates and associated equipment and
installation charges, Inland Valley shall credit Three Dollars installation charges, Inland
Valley shall credit Three Dollars ($3.00) to current basic tier subscribers. Inland Valley
shall provide the credit no later than 60 days after the date this Resolution is approved by the
City Council. Further, as pan of the settlement, Inland Valley waives any claim it has to a
refund of franchise fees on that portion of the franchise fee that was paid on the credits to
subscribers.
Section 2. By accepting Inland Valley's proposal, the City Council finds and declares
that this settlement represents a resolution of disputed cJnims and is not to be construed as
representing an admission of liability by Inland Valley. The City and Inland Valley,
however, intend to achieve a rapid and final resolution of their dispute, rather than await the
results of a protracted FCC appeal.
Section 3. The City Clerk is hereby directed to post a copy of this resolution in such
place or places as City Notices are normally posted and to rnnk-e copies to this decision
available to the public at the office of the City Clerk during normal business hours.
Section 4. This Resolution shall become effective as of the date of adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Temecula at its regular meeting held on the 14th day of March, 1995.
ATTEST:
Jeffrey E. Stone
Mayor
June S. Greek, City Clerk
~ s, 1995 2
STATE OF CALIFORNIA )
SS
COUNTY OF TEMECULA )
I, June S. Greek, City Clerk of the City of Temecula, DO I:[HRF-RY CERTIFY that
the foregoing Resolution was duly adopted at a regular meeting of said City Council held on
the day of ,1995; by the following roll call vote:
COUNCILMEMBER:
NOES:
COUNCILMF~MBER:
COUNC~MBER:
June S. Greek, City Clerk
~,rch S, 199s 3
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Sept~mt',e: 29, 1994
LMHTONKAZA
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111313384:00
Mayor Ron Roberts
and M~-ws of the Clty Council
CITY OF TEMECOLA
43174 Business Park Drive
Temecula, CA 92590
Re: Cable Television Rates for Basic .Service Tier and
Associated-E~uipmant of Inland Valley Cablevision
Dear Mayor Rober~s and Cit7 Councilmembers:
In 1992, Congress enacted the Cable Television Consumer
Protection and Competition Act of 1992 (the e1992 Cable Act"). One
of ~he principal objectives of the 1992 Cable Act was to regulate
cable television rates, which had risen significantly. since
Congress had deregulated cable rates pursuant in 1984.
In order to implement the 1992 Cable Act, the Federal
Communications Commission (FCC) adopted regulations establishing a
"benchmark" system of rate regulation. These initial rate
regulations were contained in the FCC's April 1993 F/rs~ Report an~
Order, which went into effect 'on September 1, 1993.
Temecula's cable operator, Inland Valley Cablevision,
like 211 other cable operators' throughout the nation, instituted a -
new rate structure on September 1, 1993 in order to comply with the
FCC's ben~m~k rates. Inland Valley Cablevision also filed a rate
regulation form with the City, known as the Form 393, so that the
City could independently determine if Inland Valley Cablevision's
rates complied with the FCC regulh=ions.
The benchmark rates represents the rates a cable operator
would charge if it were subject to "effective competition." The
benchmark system was derived from a nation-wide rate survey the FCC
conducted as September 30, 1992. Based on the survey, the FCC
concluded that cable rates should be reduced by 10% from their
September 30, 1992 levels to account for a lack of effective
competition in the cable television industry.
September 29, 1994
Page 2
Burke, Willi~m-~ & Sorensen, with consulting services from
~he accounting firm of Diehl, EvanS., has reviewed ~he cable
television rates contained in Inland Valley's Form 393. The Repor~
of Di~l, Evans is attached.
'It is our conclusion ~hat Inland Valley Cablevision's
rates in Temecula ere in excess of ~he rates permitted pursuant to
FCC Regula~ons, and that a refund is in order. Conse~ently, it
is reco~ended ~hat ~he. Cit7 Council adopt ~he enclosed Resolution
entitled:
"A Resolu~ion of ~he Cit~ Council of the City
of Temecula Disapproving ~he Cable Television
Rates for' Basic Service Tier and Associated
E~uipment of Inland Valley CableVision, and
ordering a Refund for Excessive Rates."
The principal effect cf this Resolution is to reduce
basic tier cable rates. This means ~hat as a result of rate
regulation, since September 30, 1992 basic tier rates have been
reduced from $12.31 for 14 channels to $11.66 for 23 channels.
I. Background
Under the 1992 Cable Act, .cities are authorized to
regulate "basic tier" ra~es, along with installation and equipment
charges. The "basic tier" of cable service includesall broadcast
television channels, any public, 'educational and governmental
channels required by the franchise end any other channels the
operator choose to carry on the basic tier. Each cable operator is
required to offer the basic tier of service. Cable operators may
not require ~ubsc~iption to any other tier as a condition of
receiving programming offered on a per channel or pay-per-view
basis.
The 1992 Cable Act further permits subscribers and cities
to file c~mplaints with the FCC ;if they balieve rates for the
second service ~ier (known as the cable progr~n~ng service or
"CPS" tier) ere unreasonable. The CPS tier typically includes most
satellite channels, like CNN, WTBS and Prime Ticket, but excludes
'premium and pay-per-view channels.
ORANGE: 1535.1
September 29, 1994
Page 3
Once Temecula became certified to regulate rates, Inland
Valley Cablevision was re~xtired to file a rate schedule with the
City -- known as a Form 393 -- to obtain Cit7 approval of its basic '.
tier rates. Essentially, the Form 393 takes the operator through
two steps to establish -~-um ra~es for the basic service tier and .
for equipment and installation charges.
First, the .qv~.- rates for e~uipment and' installation
are de~mrmined ~---a upon actual cost plus a reasonable profit.
These -mv~um rates are 'efcablished 'by determining the capi~al
-costs and expenses- essocia~ed with each tTpe of equipment (e.g..
converter boxes, remote controls) and.service (e.g., installation
for unwired and prewired hcaes).
In par~ficuler, an ehourly service chargee is determined,
The hourly service charge represents the cable operator's hourly
labor rate for performing the various tTpes of installations. For
example, if ~he hourly service charge is $27.14 (the national
average) and its ~a/ces 1.25 hours to ins=all service at a .prewired
home, then the ~v~mum service charge for installing service at a
prewired house is 1.25 x $27.14 w $33.93.
Second, ~v~um basic service tier rates as established.
The Form 393 is designed to squeeze out emonopoly profits' from
subscriber rates. To do ~ , the Form 393 uSes a series of
worksheets to determine if rates need to be reduced, and by how
much. Three factors ere used to determine benchmark rates: n,m~er
of subscribers, n-m~er of channels, and number of satellite
signals. Then, if the actual cable rates ere below the benchmark
rates, the current rates become the maximum regulated. rates,
whichever is less.
Mor~ recently, the FCC has ~eplaced the Form 393 with the
Form 1200. This new form was a result of the FCC's March 30, 1994,
Seoond Re~or~ and Order, in which the FCC concluded that its
original determination ~hat ratss should be reduced by an average
of 10% was insufficient, and that ra~es actually should be reduced
by approximately 17%. Accordingly, the FCC issued a new Form 1200
and a new set of rate regulations. These regulations went. into
effect on July 14, 1994, end on that same date, Inland Valley
Cablevision, like cable operators throughout the nation, readjusted
its rates.
September 29, 1994
Page 4
However, instead of setting benc-hm*wk rates, Inland chose
~he option of basing its maximum permitted ra~e on a cost-of-
service showing- The FCC also adoWad on March 30, 1994 cost-of-
service ra~e r~alations to provide a usalet7 valve" to cable
operators ensuring them compensatory rates if their benchmark rates
were too low. The cost-of-service standards were issued as interim
regulations pending the outcome of a cost study curtly uPPerway
at the FCC. Only ~he cable operator, not the FCC or the City can
decide, whether to undertake a cost-of-service showing. Cost-of-
service showings must be submitsted on FOC Form 1220. Inland
s~t~ed .its Form 1220 to-the City on Augfret 15, 1994- '
A very brief s~ry of the impact of rate regulation on
Temecula is attached. A more detailed explena~ion of our review of
Inland Valley Cablevision's Form 393 is set forth below.
II. Review of Inland Valley Cablevision's Form 393
The Diehl, Evans review of Inland Valley Cablevision's
For~ 393 disclosed ~everal material errors in set~cing the
basic tier and equipment and installation rates. In starry,
Diehl, Evans found as follows:
1. Basic T~er Rates. On September 30, 1992, Inland
offered two service tiers subject to regulation: =he basic tier
comprising 14 channels, and the CPS tier comprising 23 channels.
At that time, Inland charged $12.31 for 14 channels of basic tier
service and $18.74 for 37 channels of Basic/CPS service. (These
rates include a $0.46 pass-through charge for the possesscry
interest tax. )
On .September 1, 1993 ~ Inland retiered in response to rate
regulation, offering 23 basic tier channels' and 20 CPS tier
channels. Concurrently, Inland modified its rates to charge $11.82
for basic tier service and $22 · 19 for basic/CPS service-
Subsequently, Inland filed i~s Form 393, claiming a maximum
permitted rate for basic tier service of 211.87- (All of these
rates include the $0.46 pass ~hrough.)
Diehl, Evans' analysis concludes ~hat Inland's Form 393
conta ins a n-~er of material errors. Consequently, it is
recommended' that the maximum basdic service tier rate should be
reduced to $11.66 for 23 channels or $0,507. This amounts to a
refund to basic service tier subscribers of 80.16 per month.
OeANGE:1535.1
September 29, 1994
Page 5
2. ~.au4Dment and Tnstal 3ation Rates. FCC Regulations
set ~he maximum equipment and installation rates at ~he lesser of
=he maximum permitted rate according to ~he Form 393 or the ac~cual
rate. In ~his case, Inland's equipment rental ra~es exceed i~s
permitted rates.
Specifically, Inla~'s equipment and installation rate
schedule will be adjusted as follows:
Permitted
Lower of
Actual or
Permitted
Rate
Hourly Rete
Installation
homes
of unwired
$44.52 $44.50 ~44.50
44.52 44.50 44.50
Installation of prewired
homes
29.83 29.82 29.82
Installation of
additional connection at'
time of initial
11.13 11.13 11.13
Installation of
additional connec~cions as
separate installation
New install nndergronnd
Tri~ cha~e
Charge for changing tiers
22.26 22.25 22.25
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
Monthly charge for lease
of remote control
~0.32 0.50 0.32
Monthly charge
converter box
of 2.34 2.55 2.34
September 29, 1994
Page 6
III. Recommendation
Our recommendation on implementing our review of the Form
393 have two components: Establishing Maximum Rates and Refunds.
1. w. stab~sh~na Maximum Rates, The basic service tier
rate for the period from September 1, 1993 through Jttly 14, 1994
should be reduced from the then current rate of $11.82 per month to
$11.66 per month, and a refund should be ordered.' This should be
implemented .thirty (30) days after the City Council establishes the
The --x4~um equipment and service charges should be set
at the lower of the permitted and actual rates.
2. Refunds. .FCC Regulations provide t hat the City may
not order refunds for more than one year retroactively.
Consequently, if a city is to order any refunds for the full period
between Sept~m~.rl, 1993 ~-½roughJuly 14, 1994,- it is required to
act by September 1, 1994. Unfortunately, in order to complete our
review o.f Inland'srates, several document requeSts were necessary,
delaying completion of thereview. Consequently, refund liability
is from October 11, 1993 through July 14, 1994.
In t his case, Inlandwas overcharging on its basic rates
by $0.16 per month. Consequently, for the period from October 11,
1993, through July 15, 1994, each basic tier subscriber will be
refunded or credited approximately $1.44, which will be
approximately $13,131.36 for 9,119 subscribers for 9 months.
In addition, Inland was overcharging on remote controls
and convertersboxes by $0.21 and $0.18 per month, respectively.
Consequently, basic subscribers who also leased a remote control
and converter will receive an additional refund or credit of 83.51-
Nltr~her, the FCC regulates rates for the CPS tier. 'This
same analysis indicates a $0.23 per month overcharge for CPS
service. The Resolution directs the City Manager to bring this
discrepancy to the attention of the FCC. ---,
Finally, FCC Regulations also specify certain procedures
for ordering rate refunds. Accordingly, the recommended refund
order directs Inland to take the following steps within thirty days
after Council action:
ORANGE: 1535.1 ~ ~
September 29, 1994
Page 7
A. Inland may make refunds:
(i) By refunding overcharges to those subscribers
who actually paid the overcharges = or
(ii) By means. of a specifically identified, 'one-
time credit on prospective bills.
Refunds shall include interest computed at
applicable rates published by the Internal. Revenue
Service for tax refunds and additional tax
payments.
Co
When the City orders a cable operator to pay
refunds to subscribers, it also must return to the
operator ~hat portion of the franchise fee that was
paid on the total amount of the refund to
subscribers. The City must promptly return ~he
franchise fee overcharge either in an immediate
lump sum payment, or Inland may deduct it from
futlxre franchise fee payments.
In conclusion, the FCC Regulations require ~hat the City
Council conduct a public hearing at which Inland may testify before
any of the above actions ere ~aken. I will be available at that
public hearing to answer any questions the City Council may have.
Very ~xly yours,
CO-'
Peter Thorson, City Attorney;
William Morgan, CPA
SCOTT F. FIELD
of BURKE, WILLIAMS & SORENSEN
']DmHL,EVANS
&COMPANY
18401 ~ KARMAN AVE. SUr~O
litVINE. CALIFORNIA 9271~!~2
PHONE OH) 7~-?'/00
FAX0'I4) 7r/-2207
Scptemb~ 21, 1994
INDEPENDENT/M3COUNTAN'I~' REPOKr ON AGI~K~n-UPON
.IIMrrl) P~URES REVIHW
cuy councu
City of
T~n-c-!,, California
Wc have applicd certain agEcd-upon procedures to the accounting records of Western
COmm',nic=tiOIl. Otff pwccdures and finHin~ are DOII~i he~ilL It is unde,~ood thai rhi_~ report is
solely for your inform~"on ami is not to be ~ m or distn'buted for any puxpose to anyone who
is not ~ m--nbcr of Cky Council or ~ of the CL'y of T~nec,'n, or an cmploy~ or
public ~ ~ ~on vall not I~ ~
~ the procedures we pa'fonn~ do not corr~r~tte an er~mirnrion in accordance with gen~'aily
ac.c~ted auditing standards, we do not expz~s an opinion on any of the accomns or items ~
to h~r~in. In connection with these p~, exert as noted her~ no mam:rs came to our
amman tim c~nsed us m believ~ that o~zr spccif~ accounts or in:ms should'be adjustS.
Hov~ver, had v,~ performed additional procedm~, or had we made an e~min~HOn Of the flxJaJJchI
sxatemcm of Western Commuuicalious in accordance with gcuerally acccp~ ,,,didrig standards,
oth~ lllai~rs miSh.t have cozne tO OIlr aRe~oll that v, uuld have b~n r~po~ w. you. 'Iluis 'zpon
zlams only to th~ a~otms ami ~ ~ h~x~in, ami do~ not ~n=nct to the fin,.,ei,,S sr~temern~
Of We, Rern COmm,rnlC~tiOIlS IJk~ as a whole.
Although der~k~rions and similar ~ties may occasionally be di~losed by ,hi, LIpe Of
-en~g~leI!t,' it iS llOt ~'i~ for ~ pttrpos~ atld shotlid llot b~ t~lied llZpOn ID discJose fraY,
should any e~dst.
OTHER OFF[CFES AT:
-1-
,"965 ROOSEVELT
CAJ~.aA9Z00&Z}~9
(6191 729.2~3
FAX 6619) 729.2!34
61 :} W. VALLEY PA.q.IC~'AY. SIjTr~
ESCOND IDO. CA 92025-2552
|619~ 741-]141
FAX (619~ ~41-9890
· : SUMMARY OF PROCEDURe_-' :.
We applied t!~ foilowenS procedures to the accounts and x~cords of Western COmmu~liCa~0IB,
hcrcimfter xtin~ to as 'Wesr~n':
We co-,:,atcd Ch=rme! liJJe-UpS and cable rims of Western as of September 30, 1992 and
SeptzlJlbet-1, 1993. (See, h~nle 1).
We compared the ~rnher d Ch=n~h and cable rar~s on the City of Temec-h with other
selected Southern California cable TV systems. (See S,'h-d-le 2).
e
We c. omt:}~w'ed eq~,il-'-,"'~' and .h~,~l'l.Hnn rates for Western wi~a other sclectea Southern
Ca,]ifom cable sysmms. snd with a'q,m'mSe rams from a survey of 147 cabl~ ~
campiled by the Natiaiml Aqeci~ien of 'i~leco, .....,,,,i,-~tions ~ and Advisors
(NAI~). (See ~-,t.~.. 3).
We xeviewcd KC F. onn 393 (ss pmpsx-cd by Wcstc~ m ~e~,~i-e if ~ fonn had bc=n'
compl~ acca~ aud in sccordm= widx F-CC re~mu,Ho-~ and rsm tables. Our xeview
irr. l,,d,.,~ the ~llowing p,xx~hxcs:
We agreed key fjn,nci,! and robsrotor d,~ on Form 393 to the books and records
of Western. Our procedures inchuicd a review of channel cards, a review of sample
cuswmer bni-% vouchi~ of lmxv. base invoices ~ m the acquisition of xemou=
conn-ols and conyerror boxes and a xeview of We~'s v, orhhee~s mpponi~ their
We recou~ulr..d and compszed the 1~ ..,.,h...=..1,.- Ch.,m"--I rams as of September 30, 1992
and Jaunary 3. 1994 (the initial dm of zelp~ladon) with the rates xcponed on
Form 393.
We px~-pared a cou~,xcln~vc lexer m We~ern manaEemen~ seujng forth questionable
areas in the comp. tnadon of Form-393. We bad various phone conferences with
Wesun officials x'eJnxdi~ these mamn's.
.. SUMMARY OF FINDINGS ,. ~
On September 30, 1992, according to Worksheet 2 of the original Form 393. Western
offered 36 channels RDder tv~ ~ for $18.28. Based on our review of the Channel card,
Western was a_cm~lly offering 37 Ch~nrk~,L~ at Septl:3zlher 30, 1992. ALSO, the ac~Lla] price
for both tiers was $18.74, a $0.46 ~. Western "passes through" the County
· ~
back to the basic tier rate. (See- .~-~,ie 1).
Accorai%~ to Wozksheet 1 on'the o'ngixal Form 393, Western offered 4~ ~h,,rr,-ls under
two tiers for $20.29. Hover.r,' Wcstcm's channel 'card, which listed 45 Ch,nn-lS,
intHc~ted that no ~ing was asm'lable on tv~ ChsmnelS.. ,au:corah~_ly, our x~ised
F. ogm 393 rcfiecls 43 Ch~m~,*~. Also, ~ za~s on Wo,uh-_-- 1 have bccn 'adjusted to the
aCmsd rate in ~ on the *initial da~ of l~d,!lioz* plus the $0.46 pt'O[~Cy lax
pau-rln*oug~ (See S,..h,,an~e 1 and the ,41.,~-.-,~sicm at pgr~gr~h 5 below).
Before adju~bxxenls ,eco,..,~w.~ded in this zepo~ time average price per Ch~rrnd for tbc rgm
tiers decfused only $.01, or 2.0%, frmn ~ 30, 1992 m Septtuber 1, 1993.
4. Schedule 2 presents a compazison d the nmnb~ of ch=~n-.).~ and basic cable rat~ on the
City of Tern,c-i= with other selected Southern California Cable TV systc~ as of
September 1, 1993. The City of ~.mPc~='s per chasmel rate of $0~516 and ntc. of
$22.19 for 43 Ch=nnH-~ is zessomble, and is in line with other Southcm California cable
systems.
5. In com3ection ~ our xeview of Form 393, we rnod~ the fonowing adjusunen~:
a. Worksheet 1, Line I01:
On Work~heet 1 of the original Form 393, as fried by Western, the Tier Charge for
the Basic Iier was zeponed as $12.88, and Tier 2 was x=portcd as S7.41. As further
explained below, the Basic Tier mount should have been $11.82, and Tier 2 should
bare been $10.37. -
Under cable zegulations issued by the FCC., the "hilil date of x'eg-t,rion' is defined
as,theda~ofl~~~~is~j~m~on'..Accord~to47
CFR Section 76.922Co)Cn~(c)C2), rids-da~ is when the City sends a ~ notice to
fi2ccablecableoperawrthati~iscerdfied~x~'~mlazgx'azes* Generally,~Ci~aiso
notifies the oFc, ato, at this time that it has 30 days to complete and forvarcl Form 393
tothe City.
On January 3, 1994, .the City of Trmecni~ s~n notice m Western what it was certified
by tbc FCC to zegulate basic tier ntes. On Jannary 26, 1994, Western forwarded
Form 393 to the City of · ec,,!a. Th~ cable rates, rnrrnhCr of subscribers, en:. used
on Worksheet 1 of Form 393 should have been as d Jamm'y 3, 1994.
-3-
:.IMMARY OF FINDINGS (CO NT~ ~
5. (Comim~ea):
a. Worlcshcet 1, Line 101 (Condm~ea):
In zevi=~ the FOnn 393 from ~ we nou~cl that the uble mrgs and number
of $,bscribers used on WoAsbca 1 for the 'Inidal Date of Rc&m}=fion' vdere as of a
da~ prior w Scpzmber 1, 1993. Accordingly, in the xevised Form 393, as presemed
at ,~-h~nle 5, the smnUD~ fDr Wor~h~et 1 were zgcomlqlted US{nE cable mrgs in
effect on or afrgr Sep~znber 1, 1993, plus the $0.46 property ~xx pass-through. ·
b. WoAstza 1, Line 104JWor~h,'~ 3, Line 301:
On the oriSinal Form 393, the amomg zcl~o,~r,d on WorVeh~---X 1, I.iz= 104, was
$46,866, and the -mo--r ,~,f,~ on Wordbeet 3, ~ 301, was $17,717. These.
mnom'~ .should be s-h~,,,i;~lly the same, as explained below. .
On November 10, 1993 the PCC issued a 'Public Nodcc' e~r~iea. "Questions and
~ on Completion of F-CC Form 393 and Associated l:ni~ Requit~um~".
Quesdon No. 7 dear with ~moun~s m be zcponed on Lines 104 and 301. The answer
E) rhi_~ quesdon razed, in pan: 'Where operators have x~ucun~d equipmen~ razes
as of Sep~unbcr 1, 1993 .... we mmld ~rn~cipatc. ~bat in mos~ cases, absent spech~
circ~tm-e~rr~s, o~arox~ win en~r on Line 104 the same, or nearly the same, -,rmher
on I,inc 301".
'Accordingly, in our vzvised Form 393, we have used $16,509 at both Line 104 and
301.
c. Worksheet 1, Lines 121 Through i28:
Liuc 121
The benehrn=~ cable ra~ is a fuucdon of tbe'zv. unber of sar. ellirgs ch~n~e,-~ in zrJadon
m the mud of an ch~-~t% ~tni-,~ a ruble developed by the F-Ca Based on ~be
ido .... =,;-n supplied by Westgin, at ~be dam of ~ zeguladon, using a ram1 of 43
Chr. nnel-% 28 of which ~ere s=Te!lk, r, tbe I:gark,,,.rir ~!Cnl~,t~On would have been
$0.524. ~
The insuucdons that accompany the FCC Form 393 c. lc,,hte the dme period factor
as 'the munb~r of whole mmgbs from September 30, 1992 m the daze the cable
operator subrain the FCC Form 393." Thedome, dxis munber vades accOrdi-~ m the
date of submi-~ion of each cable operators. fimin~. The date of filin5_ was January 26,
1994. The whole months from September 30, 1992 ~ Jazmary 26, 1994 mnl~ 15.
5. (Continued)
d. Worksheet 2, Line 220:
Line 22O
The be.e-hr,~Ic cable mm is a fun~on of the munber of satellites channels in x=lation
to the wtal of all ,.h...~i.% ..'H~ a ruble developed by the FCC Based on the
infor/--don sul:~plied by ~ for Seprmnber 1992, using a wml of 37 channels,
24 of which were ~rellh.~., the benc~ ~!~,Isrion v,~uld have been $0.590.
Based on the ad~,~me-r-~ a{~,.~se~ above, and based on our revised Form 393, as
tn~--tea at Se. heo%!e 5, ~ m,rlm-.t permh~*d rate for the basic service tier should
be decreased fUmx $11.82 ($11.~ as e~pu~ by W~ plus S0.46) m $11.66.
P, ccommend~rion: We suggest that the rate for the basic serfice tier be rr. duccd from
$11~82 to $11.66, =active ID September 1, 1993. This will zr..sult in a rate
reduction of $0.16 per subscriber per month.
Nou~i below is a co,,,pa~lson d the remote ~x~l charBe, conver~ bc0c charEe and
hourly service ctmrge for the Ci~ of-Tern,~l, with the Nmional avenEe for 14V
cable ~ (as published by the Nadonal Assochtion of Telecomm-nic~rions
Officers and Advisors, or NATOA) and with certain other Southcm California cable
sysmxns.
Ci~ of T,~.ec~ ~)
Charge For
P, cmote Hourly
Comzol ConvrzEr Service
C'h.~-e Box Charme
$ 5O $ 2.55 $ 44.50
National Average
2.00 27.14
City of AttBmb~ (r~,co,.-)
.12 1.65 20.00
City of Cosm Mesa (CopleylColony)
South Oran~c,e County (Dimension)
.27 1.70 38.09
.16 1.96 24.00
-5-
SUMMARY OF FINDINGS (CON, ~rED)
5. (COntinned)
f. Equipmcnt and Installation (33az~ (Condmzgd):
On F-onn t9'3, .~-h~h~le C, ~ ~ a 'gross book cost' for remote conu. ols
of $21,70t for 2,725 unixs, or a cost per ~ of $7.96. This amotmt appears
199t, alax~ xmxnbcr ofuuixs wex~~ at aunit pricc of $'/.00, plus salcs tax
Heveet. in out oVinion, the ~,,c;-i,~o~ cb=ge on ~ mo~ ~h ~ mt
~b~. ~ ~ ~tce~t~ ~ ~ ~!e C ~ $10,852, or ~
~ ~ht~ ~ ~ ~. A ~-~ ~ ~s ~o~le. ~~y,
h o~ ~u~ ~m 3~ ~ ~c 5, ~ ~ ~ a ~hblc ~
AJ$O, OD FOrm 393, Part m; Stq) C, Lille 9, Ollt zeqrijw itdieet, ed that the twwnbPr of
m~;..,:n,.~e and service hotas related to the ternore connoB should be 104 horus.
rather than 124 hours. (.See: .,e~-~!c 4).
As a result of these adjustments, v~ -eco,,,,hend that the charge for a temo~ control
be decreased from $13.50 to $0.32.
On Form 393, Sch~b,le C, Western xeported a "gross book cost" for converter boxes
of $389,983 for 2,725 unhs, or a cost per ~ of $143.11. A ,mh: price of S143.11
a~,lxats ..Ar.c~ive when compared with 1993 pttmbasc inwiccs. (Durin~ 1993, most
convorggr bex~s ~c ~ at pricu tangh~ fzom $116.00 to $120~00, ir~,l~alng
adjust.mc;.t~ to SCh~hde C:
_ .,~VIARY OF FINDINGS (CONT1 !. J.~
5. (Continued)
f. Conv~ter Box Chan~ (Continued):
~ origimny
Repormd $ 389,983
~,~'orm-lated Net Book
Deur~ciation Value
ROI Cm-mm
(At 11.25%) Depr~iation
S 72,239 $ 317,744 $ 35,746 $ 34,981
(18.5%)
327,000 60,495 266,505 29,982 32,700
(18.5%)
Also, on Form 393, Pan Ill, Step D, Line 16. our review i~ic-ted that the number
of mni.g~'~.n.-*e and service hottts zelated to the converter boxes should be 312 hom~
rother than 37t houn. (See ~herbde 4).
As a re, suit of the~ adjustm~ts, w~ xccommcnd that tl~ cha~ge for a converter box
bc ~ from $l.55 to $2.34.
Hourly Service Chax~
The hourly service char~ was com~ in the fono a
.Annnni COsts for M~in~-~e
add Tn,crnllRriOn
$129.657
Total Labor Hours
2,912
Hot~ly Service Charge
$ 44.52
In reviewing this C~lCniSHOXt, the ntmlb~ of labor hours appeared to be low bas~ on
a ~ count of 8,656. (Plusc nomd that an inct'u~ intbe mmlb~oflabor
hot~ would cause a decrease in the hourly scrVic~ charge.) Upon inv~gation, we
v,~re informed by WcsI~.. m'mL'~memr that Inland Valley Cablcvision chsxlu
customen only for thne that ti~ irtr~nsdOn 1~,~om3cl azc at the custom-r's home
inchnled. By conn'a~ most other cable ~rs coxnpun: the hourly rate, and charge
customers, based on an 'average cost method" which includes u-a~l and othcr
cveffiead hours. Also, many other cable opcrato~ have a separate "trip charge" in
addition to their smtxtard instaUadon charges. (See Schedule 3). If, in fact, Western
is chargi-~ customcn only for hours spent at the customers home, and not for xzav~l
and preparation rime, then v~ agx~ that the $44.52 rate per hour is x~asonable.
I-Iowevcr, the scopc of this en~gemcnt did not include a rcvicw of acm=l rime charges
included on the bills to TcmecuLa subscribers.
-7-
SCH~snUI~ ~
CITY OF TEMECULA
COMPARISON OF CHANNEL LINE-UPS AND CABLE RATES
AS OF :sP.t,f~MBEE 30, 1991 AND SEPTEMBEE 1, 1993
Descripdon
Tier 1: Total
Price per c~m~,!
~icr 2:
Total channels
Price per ch.m~!
Totals for
~ierland
Tier 2:
Total Chlun~ls
September 1. 1993
Channels Pricing
14 $ 12.31 23 $ 11.82
0.879 0.513
23 6.43 10 10.37
0.279 0.518
37 $ 18.74 43 $ 22.19-
$ 0.5O6 $ 0.516
Unaudit~d; see ind_cpenden~ accountann' r~:po.n on _agr~d-upon limi~:i procee-urcs review.
-8-
SCIq'~Y}UL~ 2 ~
COMPARISON OF CABLE TV RATES FOR VARIOUS
SOUTHERN CALIFORNIA crrIEs
A~ OF 5~2q'P./~ER 1, i993
c~
(Cable Ooerator)
Basic Tier Second 'tier
Number Rs~ Basic Number Rate CPS
of Per Service of Per Service
Channels Channel Ram Channels Channel Rate
23 $- .513 $ 11.82 20 $ .518 $ 10.37
.National Average
20 .551 11.09 -
City of Alhambza
(Crown- c'.,e~om)
29 .456 13.23 25 .456 11.40
city of
(Cent)
36 .715 25.75 6 .568 3.41
cky ofsuena Pa~
(corn=st}
33 .293 9.65 19 .750 14.26
City of C. rardcn Gzo~
(hngon~
c~ty of Lakewood
(Colony)
33 .349 11.52 26 .349 9.07
City of LonS Beach
~CV~
26 *537 13.95 18 .425 7.65
ckyofonn~
(Cablevision) 21 *534 11.20 20 *534 10.70
City of Paramount ~
(Co,,t;,., ,,,n!) 21 .406 8,53 27 *505 13.64
South Orange County
(Dimension) 28 *523 14.64 16 *506 8.10
city of Yorba Unda
(Jones Spacelink)
33 .423 13.96 20 .450 8.99
Unaudited; see inde.~dent accountants' v-pen on a_~ml,upon limit~i procedures review.
-9-
(Cable Orerarer)
City of Te,-ec, a~
National A~-rage
City of
(Crown- Cencom)
City of
Ci~ of Buc~ l~k
(Comcs )
City of ~ Grove
(l - son)
Ci~ of
(Colony)
Ci~ of Lox~ Bes~h
(Cablevisio-)
City of Pamr-oum
South OnnSe County
(DimensiOn)
City of Yorba Unda
(lones Spacelink)
SCHEDULE 2 :, )
COMPARISON OF CABLIE TV RATES FOR VARIOUS
SOFITIERN C~T-mORNIA C1TIES
(CONTINUED)
AS OF S~,FI'~IB]~R 1, 1993
Total - Both .Tiers
Number Rate Basic
of Per Plus CPS
("~hntm~i.~Channel Rate
43 $ .516 $/1.19
54 .456 24.63
42 .694 29.16
52 395 23.92
62 .343 21.25
59 .349 20.59
44 .491 21.60
41 .534 21.90
48 .462 22.17
44 .517 22.74
53 .433 22.95
Unaudked: s~ ind.epend~m acco,lnta~' n:port on agr~,d-upon Hmir. L-d proc~'dures ~view.
crrY OF TEIvlEULA
CO1VEPARISON OF EQUIPMENT AND INSTAIiAIION RATES FOR THE
CITY OF TI!IvIFL"ULA WITH u[H~cK CABt-R TV SYSTEMS
AS OF 2iEFI'EMBER 1, 1993
r~escrivtion
rrzl,,ip~,
City of T--,,.c,,!~ City of ~ South Orange
(Ini~ Valley) fCoplev/Colonv) County (Dimension)
-Hou~ Amount Horus Amount Hours Amount
From Natiom. l
Sm'vev (Nou~ 1)
Average
Horus Amount
control
~baaces
tt~'-tl~plon
$ .50 $ .19 $ .16 $ .25
2.55 138 1.96 2-00'
Hourly service
44.50 31.44 24.00 27.14
Unwizd Home -
Initial
lne~ll~r~On-
· Und~gro~
1.0 44.50 1.,3 39,30 1.43 34.34 1.56 39.9~
- - 2_33 733.5 - - (Norg 2)
Prewized Home
Additional
Outlets:
· With initial
insullation
· Sqasram
irt~'r~llRtiOD
.67 29.82 1.0 31.44 .60 14.72 .92 23.29
.25 11.13 .8 26.09 .,?.5 9..81 .55 14.0I
.50 22.25 1.0 31.44 .55 13.08 .88 22.43
Odin- Charges:
Charge for ;
eh-qgjr¢ tim 1.99 2~00 - - 17.38
Trip charge - 26.09 - (Note 2)
Note h
~ hours and dollar mounts at~ "averages" fz'am a national survey of 14~ cable
system-,. The amotmt were compiled by the National Association of Tcl~.ommuuicadom
Officers and Mvisors (NAII~).
Note 2: This information was not available in NATORs survey.
Unaudited; see independent acco'untants' rep, on on a_m'eed-upon limited procedures ~view.
-I1-
MAXNTB~ANCB AND RBPAXR HOURS
/UNE 30, 1993
1-'e~ecvt.~ - 20 ~-
~IZ Ho,.,A.,f
Unaudited; sec independent accountants' report on a_~-ed-upon limizd procedures review.
-12-
Sc~',~nULE s
crrYoF~
FORM 393, AS REVISED BY DIEIlL, EVANS AND COMPANY
FILE NAME I.-~99~ACCTG~8'J~PC. /,,
FGC 393 - PART I
REQUI=ST FOR CABLE RATE APPROVAL
COVER SHEET
Community Unit Ide.~;e;,--tion Code
CA
~ d Cable Openmr
llqlj, ND VAT _V_~' CAmJ~(ISION
Mm~linZAddress
Bl)zte: 21 -Sep--94
c,~
Penon to mntsa rqm~iiq this form
IState
Tek'pbon~
Local Fr--,'u,;,;,,g A~.odty
CITY OF TEMECULA
[~'PCode
City I S~te { ~ Code
This formis being filed wiffi respe~ to:
IX] hsic rate rapistion ["'i cable pr%,--.----:..~ $,zvi= mt~ rexelation
If this form is being fikd h response to a complaint about your cable programming service ares, please attach a copy of the
comphint to this cover sheet.
The following' sections am to be completed after you have filled out the v~rksheets in PARTS II and rrt and ~lm, l-ted
your actual and permitted rates.
FOR BASIC SERVICE TIER AND EQUIPMENT
(1) Nmnber of Chsf~--k hi blljC 181rv~ ~
(2) ~tmm~~~c (~~~~~)
, (3) M-~ ~d ~r ~ m~ (~m ~ ~. ~ ~
(4) M-~ ~~ m~ br ~ ~ ~ (~ d ~ ~ ~):
(multinly (1~ by (3~above~
23
$11 °82
$O.507
$11.66
Note: Ifyotw current ram for the basic service tier (entry 2) exceeds the tv,-.~mm permiaed am for that tier (entxy 4), you
must submit a cost-of--servic~ showing or)our basic service rite vii bc reduced to the ,,,--~,,,.m permitted level shown in
entry4.
Fnnckisc fees have been excluded from this a.naly~s in order to compare your monthly rate for the
b~sic service tier to the maximum permitted level whether you itemi?e them or not, any franchise
fees you pay for the basic service tier should be added to your monthly rate as pan of the service
when billing your subscribers. See 47 C.F,R. Section 76.985.
EQUIPMENT AND INSTALL !ON RATES
Note: YOur equipment and instalhtion rates for the basic sexyice tier must not be included in your program service rate for that
tier, but rather must be completely unbundlcd. In addition, thosc equipment and installation rates must not e_x__~_-_d your actual
costs including a reasonable profit. The method for unbut~mln~Your equipment and installation rates from the basic service ~'-
programmln~ rate, (if necessary), and for deterrent[your permitted equipment and inmlhtion rates, is prescribed in PAR'I
(unbun,"~-~) andPART HI (gate--setting) Of this form. Enter hi the spaces below the rat~ figures y~ll have e-41eplmted in PAR't
d thifform. Your actual basic sexyice equipm~t and instalhtion charges my not ex~d these rates, although they my be io~r.
(1) Charges for basiCservice instantions* (from
6 or 7 of F. quipment and Installation Worksheet)
(a) Hourlyn2 OR
(b) Avenge instalhtion charges:
L lnstalhtionofunwiredhonsm
2. Instalhtionofl~a~,,.:-cdhomes
3. Tne~H~t;OIZOfe~h4l~n~el oOenetiOn Ittill~
initial
5. Otherinuab~ms(spec~)
TRIP CHARGE
NEW ]:NST. AT .T--UNDERGROUND
Item3
(2) C~ ~. ~tn~n; Um (~a=~) (tramUric
30,or 31 of :F. qnitmw"t and xne, skH,m Wo4 -keX)
(3)
T.;-e 21 in Equipment and lnstalhtion
Remote control type 1:
Remote control type 2:
Remote control type 3:
(4) Mentidy charge for lease of converter box=s (from
r-i-e 14 in Equipment and Installation Workebeet)
Converter box type 1:
Converter box type 3:
(5') Montldy chrge for lease of other equipment (from
T _;,,_ 28 in :F. quipment and T,,e,-lla t~m WOtt-ekeet)
Other equipment (specify)
$11.1 3 $11.1 3 $11.1 3
$o.oo $o. oo so.oo
$o.oo $o.oo $o. oo
$o. oo $o.oo $o. oo
* If you have further charges for additional co~.--~ioas beyond those reflected in yo~ installation chrge, attach a sheet
e~hining your calculations and setting forth those additional chaxges. S]~ Note to F.q-ilPmen t and Instagation Wodcsheet
instnzcdons in PA~T TTT of this form.
' FCC FORM 393 -- PART III
WORKSHEET FOR CALCULATING EQUIPMENT AND INSTALLATION CHARGES
Cab|c Opattor Ngmc:
INLAND VArl ;Y CABLEVISION
CITY OF TEMECULA
Line1.
Line 2.
Line3.
line4.
Line 5.
Community Unit ID (CUZD~
Date: 21 -Sep-lN.
StepA. HourlySefviceG'lllrge
- Asmual ~ d ~,*;,.,~-s-e and I- --:k,jee aidde fadibles
adSmiea(adude p,~_semet demumerequiFmeat)
~ ellllllllf
Tmallabm'lmmsfer; ....... hand'-'
m ~ulp. t ' and tardin (angh
lleedysentmdmrpfHiCllljae3/Um4)
line6.
UaleemHSCferalll
8tepB. ImtwtmM,"mctmmmm
· q,i~, 0amnameu~limm tlneft)
OR
Line 7.
(See Idaedde D
m, Unwifed bomei:~U~foa(SdmiadeD, Lieea.2)
'b. l~dndlm: -~,ke(SebeddeD, Ijae~b)
c. Adalkm,.~m
d. Ad~tieeal
(Sebedde D, Lbm d.2)
e_ Other jFIlemi~,e(qleci~.(SdledldeD, Ljlle e-2)
Item I Umed Imam lea*den une.,mcd,ml
item, 2.
Item 3
S193,5~7
$129,657
/
2.912
b't. ep C. Chmrgel for Uclfmed Reinores
(Cainlate MIm.aletr lot eamt -i!~ir~t diCefeat t}lm ud armdin additiosd damas as m{)
I.ineB.
Line9.
LinelO.
t.ine11.
Line 12.
'Line 13.
Line 14.
Rem~xe 1
" 5,766
104
10,396
2,725
3.815 I
0.3181
Remote 2
0
0
0
0
0
0.000
0
FCC FORM 393 -- PART III, Pac~
Step D. Charges for Leased Converter Boxes
(CaJcuLttc =cparaticy for etch zi~ni~can~y digfcrnct typc and attach additional sheen as
I~ine 15.
Line 16.
Line 17.
Line 18.
Line 19.
Line20
Line 21
Annual capital cosIs (CoL J of ScbaJulc C)
Tout m,.;e.e--w-e/mm,ice bobs (aaach at, lamtion)
Total -'me---: ,,~m, vimm(UK:zUMl6)
Totaim of eo.vetter bac fLine lJ + Line l?)
Nemberdeaiuiaamb:e(Cd.l:didaddeC)
Unit co~ (Line ZS/l. hm
ltat~p~'moathfLit~2OA2moatbs)
Type I I Type 2 I
62.6821 0
.~'~l 0
13 0I
76,574 ! 0
2,7251 0
28.1001 0
2.3421 0
Une22.
L.ine28.
Une24.
Line 25.
Line26.
Line27.
Line 28.
Step F_ Charges for Other Leued Equipment
Aamnd ,..pigaim (CoL3 otSdmiuleCl
Totd -.-imr.u,-/mvim born (ameh _~mIa:)
Total --*i~r--- e/Mrvice a~t (Une 5 · Urn23)
Totd md~,~,.,~r boz(1,iae:/2 + Lbn23)
-Numb~o{unlBins~ic~ ~d~o~sul~.(C4LlotSdMtaleC)
Uaitc~t(Lin~2.~tnc2~)
gatc p~ month (Line 27/I2 months)
OI
OI
OI
0
0
0
0
0
0
0
0
0
0
0
Step F. Charges for Changing Sewice Tier~ or Equipment
/_,J'~3~: NomlmichuSefotdmaBiugsen, kBliers OR
I..ine31. Avg. dtaflefordmnlingsea~io=~iend. iaeJzAvg. homtocbange~n'a)
Step G. Franchls¢ ~rea Monthly :Bqtipmcut and hstallatioa Co6u for Mjutmut of :Bx4emiumi Scrvioc
Ljrle 32. a*~auai customec quipmr, at and i,--,-::*doa meu (1:me 3 + ik~ 3 o~ Sched. C)
Line 34. ]daddy eqeipm~t amd h:su~do~ cost (L,iac 33//2 mood:s). Enter ms Worksheet :g, Liae 30L
198,104
198,104
16.509
.3 FORM 393 -- PART ill
SCHEDULE D
AVERAGE INSTALLATION CHARGES
~.ble Operator Name:
Commaairy Uait 11:) (CU]]:)):
INLAND VALLEY CABLEVISION
Franchise AnthmiP/:
CiTY OF TEMECULA
Date: 21 -Sep-94
This form is being fded for.
ee
Unwired Hoene Irrs~tk'tion:
1. Average Hours Ixr mittion (atlach explanation)
2. Unwired Home insNe-tren Charge (Line a.1 x HSC)
Prewimd Hame Inwe-t~tion:
1. Average Hours per Ire4-n**iet (atlae:h exl~anation)
1. Avera HoumperAd I[:nal~(atlach~)
2. M~Ct, nnw:lian-IMid~ChargefLinee-1 xHSC)
· Addlehal Connu,"~n Inee'lk*ion Ilter lrdMal Instalitcwt:
1; Average Hourtper Addlionel Co, reaction (atlac~ exlniatmlion)
2. Adtional Connecton-Beperate InaOJaliet Charge (the d.1 x HSC)
Other In~,-tftion (by Item Type}:
Unwired Home Installation:
1. Average Hours per AdcFtlb~ Installation (attach explanation)
2. Item I Instalation Charge (Line e. 1 x HSC)
Trip Charge
3. Average Hotra ~ Addional Int~ltefren (atlach explarmlion)
4. Itern21rra~l~Uc~Gharge(I. inee.3xHSQ.
5. Average Hours per Addional Inf~llftion (atlaeh exDlanation)
6. Item 3 Instalatian Charge (line e.5 x HSC)
7. Average Hours per Additional Installation (atlach explanation)
8. Item 4 Instalation Charge (Line e.7 x HSC~
Note: For HSC (Hourly Service Clatrle) use amount-from ~ ~. ot tllg¢ Wot~ for C, Ieula,;ag
Equipme, st sad lzutalLttiom t'~-rXee {Bale 25 e~ I~:C Fees 393).
1.00
44.52
0.67..
29.83
0.25
-11.18
0.50
22,26
0.0
0.00
FILENAME !:\1994~CCTG\88789~.
FCC FORM 393 - PART IIi
SCHEDULE A
CAPITAL COSTS OF SERVICE INSTALLATION & MAINTENANCE OF EQUIPMENT
112.5% G
A B C D E F Fedcrd .S~aze
Dept' Tans B-fC+D), iavemeea' Taz Taz
Vebides :)0,OZ2 16.208 0 13,814 L3.14 O
Tods 6,.:~8 2,614 3.694 416
Mtiqteeeece
Fadlity 59282 ~ 0 47.260 5317 0
Other 59LO0 19330 391.1Lf 44388
TOTAL 68/4192 a~4~09 0 4m, m ~.oy4 o
H
i
I)eprecbtioa (add F.G.H)
0 5.7~ 7306
631 1.047
0
0 3.100 8,41/
0
0 65,617
BOX 1
SCHEDULE B
ANNUAL OPERA'rING IZXPIDISES FOR SKt.VIC!i INSTALLATION/r. MAINTBNANCIi OF I:r-QUIE'MXNT
o..
Box 2
SCHEDULE C
CAPITAL COSTS OF .LEASED. CUSTOMER EQUIPMENT
A B C D
F. quipmcnt Gross Bad; Accum Df. Xcrre. d
Rmote I t 21.~03 9,D38 0
Remote2[
0 U 29,M2
G
Tuu H !
State ~t Total ~P
lacom~- Provisioa tot of umiu
0 0 4~1
t '
I
0 0 ~ ~ I
-
I
I
0 0 ~1 5.4~ t
0 2/g,.tV0 3L40/
J
Toeal
(add F.G.H)
0
0
0
0
A ~FA ~ D
a~'NP c:xz,,,m.
18401 Vm Ks:am Ave.
I~
Tl~law~tm,,p,,,a~Cu...,,-.Ic-,':t-R IsmwridniinmsFrs~m
23. 1S94. Tlsl l~iziudm8
TmmQuk~~~~~~sQf e-k~21,
- -.--~-'-
~t,~TVl,N.~mmmd.~.~mlttmmmm~kl'immm:ml~)~i~mb~ma
l~),~~msstm~m~' , 1. 1915,11mmllm~rmm~mmY
~OLr. P, AY~D & til~vt, lwaa
lxmmmmmmlmmmmkmmmmmdmmmmdmmmmmmmtbm-F'e~---3g). ')]mmhmmbmmimfmmr~l;Icmem.
,.
A~AC{ 6
o
1)
ATTA('J..~,'I~N'~
I
i
ZLt:~lgOBW;I JO AIIO -~BOON~99 dO AJ. IO : C;:~L: t6-ZZ-lt: ~IRH ~:TO:A8 INgS
-V~OON~19 ~0 AIIO
: O.~:I,L: '~6-ZZ-LL:
IIeW X~TO:Ag 1N9S
~LZ:Vg~O]H~I dO A!IO -VBOON]gB dO AII5 : OS:GL: ?6-~Z-LL: II~H ~:TO:A8 IN]~
GL~:V~gBH~I dO Ailg -V~OONB~B dO Ailg : tg:Lt ~ ?S-ZZ-LL~ It{N X~TO:Ag
=-
*~
jill
tllllllllillilllilllil]l,i: ""''
"' .l:l I II el 11 ti 0 4t fi el ~ el ~i
Western Communications
MBMORA,m)UM
Tot IrHes
Dater
must 15,1993
Frem: Carl Bad~w
Be: Cea,vorNr LIk
We carready havw fmtr different tygal of innsable
form or ~jL:e~N~ tile Ztldtll Z-tic is a tee. hal lye
addressabilitY was t~MI flower more sure tedmololY round isa
~Lepreglate tire Bier tae~gmimW7 ~oamv~ tim ourrat five
ilk, ~mt tilt older tedtnoio~maratd,v rdteet wlmt tim real lifo
should love -It ~ ' Y ten uu i~e. e
rrg~ c k D. z~,u. ~ "
A TFA ~ D
~.CH m'. RAYW'ICl 5. BRAVff..,RMAN. L.L.!m.
~u ._R,; ,&
m,~ ~Numt.v.v~.Avm,mx. ~x.w
Con= Mere, O,~ir{.,,.ia ~
~x..:::~:d~,x!'s ,..,m.,...& d't. lc= urn: nn ia Fex'm 393.
;
,e
v~: Ternroe,/4m'z'ma 1344. 848. 848. 84'/1
:
· -VBOON]'~9 43 AIIO :
9g:t.t: V6-~Z-LL:
&.~m~cs~m~.s lwuxm
Oml w..,,,.-e ~
·
· ~m m~ ~ ~ auu~e fe ~ m~f Us ~glel mE a
amesstorm, ~ ,%, ~ in e~m o~ b
107~ 7 (d) . XI: m aZmo ben Imld b,j, 'r, he oa3~Zera:La Cour~ o~ J~l
im~-rmmt and the noarCaxabXa ~t41ial: to do bumam, ~-~,~,y o~
sl:m~i,.lmna v. 3m"emglm~ l~-91e m~m~d, 2:L3 ell. kPl~. 3d 1/,45,
14Bo, X4B4 (1989), Xf the im-.mmm~r a~t4ap~ tr.o malign no valum to
dared wf:rAvoXous, w eh,,'M~ v, mrs-.,- ~ ~M.r.~ A, mma~.
FCC 393 - PART i
REQUEST FOR CABLE RATE API::~OVAL
COVER SHEET
· Person to mnua rq=rmal ~ f~rm
18--Oct--94
JState
Telf~holte
T!tisformb b~fil~dwithrespe~te:
basic rib rqtdatb~
_j
c~bttotJdscoverdaeeL
The following sections am to be completed after you bye Elied out the worksheets in PARTS lI and Ill and calculated
your actual and permitted mtcs.
FOR BASIC SERVICE TIER AND EQUIPMENT
..(!) ~mb._of <>',- -,,e~ b basic m'v,ke tier
(:21 conentmte fof'lxis/casfvim den (do zsot ia~Lude a~fmndlbe
:~) !~_X~mUR peFEd~pef4ghillli~i mtr~.(/jrOlllLfmeG00, pmrt l])
(multiply fl) by (3) sixwe1
$0.49~
$11.39
Note: l[ your current rite for the bosk service tier (entr/2) exszeds the maximum perufitted tale for tint tier (enUv4).
must submit a cost -o[--sa~ showlllg or yollr basic le,/~ ral8 wt'd be reduced Io the alazifflum pantStied levd
e~ry 4. ..
Franchise fees have been *'~'~___ucied from this analysis in orckz to compa~ yottr monthly ate for the
basic service tier to the maximum pcnnittod lmmL wbetb. u you itemize them or not, any franchise
fccs you pay for the bask sen, ice tier should be addcd to your monthly rate a~ pafi Of the servicc
when bil~,~g )~ursubsaibcrs. See 47 C.F.R. Section 76.985. '
~ ~,...,f
EQUIPMENT AND INSTALLATION RATES ·
costs ladudiuZ s rr~oz,eble prolit. Tle mettod for unbuadU~your quipment aud~,,eolkfion rmxes from the Izsk tervico
O[ lJdi [~Ofm. 'Yollr lctgl] bittk~ I~'v4m !qo~zlnentazld~ebar~,el may zsot llnMd l nttose sltllol~z tbay zn,ty I~ bwer.
(1)
(b)
I
(brlm for bask smvi~e inmlbtbr (from Lines
6 or 7 ofliqufpmozz! and lnslmlbdom Workshop)
ltouri3rmte OR
AvemE imtslbtion dsmrmes:
1. Immllstlouofuawlredbomes
2. ltvem~Ikw, of lzszwtmJ Immes
3. ImtaDation ois~id;:io--,! ~"",-~k,~ ai time
imli/slimt,~llstlon
4. lmmllltbnofaddi~onmleo~
5. Other installations '(spcclfy)
TRIP C!IARGE
NEW INSTALL-UNDF.=RGROUND
Item 3
30,or 3L of E4uil~nemt and Imtsdimfion
(a) Mont~ dm. rZe for hue of remoxe awnmts (from
Line 21 in Equipment snd hsstslb~on V/otksheet)
i
Remote control type 1:
_Remote conuot type 2;
i' Rcm0tc control ~ 3:
! (4) Monthly clzgrg¢ for base of oonve, tt~ bol~ (ttom
Line 14 t ~luipmmnt a4~l ltssta!lntloa
__Cpnverterisoztype2: '
l(~) mogthlYdmrl~forlca3r, olotherequtpmellt(from
,- Line 28 in Equipment msd r,,,.~mtk,~ Wottsheg)
Other .e~uipment
ot~ ~
/
$44.5O $4.4.,q2 $44.50
$11,13 $11,13 $11,13
$22.25 $22.26 $22.25
SO.O0 $0.00 $0.00
5O. oo So. oo $o.0o
~,"r., ,-.', ,-.~ . .-~_ ~j,"' ......... . -~ . ~' ~.;.~; ~ - .~,-~ .~
.,.- . ..~.. , ,~.,,..,,-_- .-..~.,:: :_~,.,,-,=.",-.._::::-,..-.~;.-..
SO.B:) $0.42 $0,42
* If.you hwe hn, ther chnrges for additload eon,,e~i~e, beyond those tefla~___d in your instz!!afion charge,'sttach a sheet
.exphining your calathtions and'aetttng brth those additionsl c~. SEE Note to Equlpmentand le~en!~ntion Wodaheet -'
mstrucfiom h PAKT III of this form. :.
6E:E1 JILL ~6-ZZ-AbN
FCC FORM 393 - PART III
WORKSHEET FOR QALC3ULATIN6 EQUIPMENT AND INSTALLATION OHARGES
.f"Cal~e Oper&Ux' Name CcmtmmaA? Uait I/) (CUiu):
:INLAND VAII ,c"y CABLEVISION Date: 18-0ct-94
; ~rancn~ ^vtm=i~F
I
I CRY OF TEMECULA "
Line
.,be S.
Step A. Hourly 8en/~ Chitgo
Assnull m lit ---let ! -e/'e msd irl""'q'ik el eable idades
ned $efvkaa (ew41ude ~;;.-.;dae era& e{ ~nsamaer equipment)
Camomr rodproem and ~ m (atm:h etlalaaadee)
Asum.deml~mews~,,~: 'wte;'"mv:iamdle--fi~infm~s. '
Tma!ldNlrlmlflJarl"~m"11~icesed|-' 'YdOe o~cemomer
eqdpmem sad metvim (attach ,~pi-qflea)
line 6.
OR
8tel; B. InltllhtfiOn
$113,S17
2.912
I 0.oo
Step C. Charges for LJcensed Rentme
(Cs[culstc I~lafa&ely for em4RI lildrmm&
Une11.
Unel2.
Line13.'
i Line 1~,.
Re~1~/J Remota 2
0-
104t 0
4.63t I
163071 0
3J211 0
5.091 1 0.000
i 0.4241 0
FCC FORM 393 - PART III. Page 2 '
Step D. Charge for Le~e~d Converter Boxes
(CAlculate aeptrtilcy for tack lilair~aady d/Decut type and lilacit addfiiOmkLI tiCeta as aOcessary)
Line 15.
Line 16,
.Line 17,
Line 18.
Line
.'Line 20
IJne 21
lane
'Line 26.
Step E. Chmrges for Other Leated Equipment
AnmtlJ caldml. axcs (CoL J dieJMduJe C')
Totdc~t~tcoavwza. bac(Lj:~3:2 + Z, beZ3)
Neml~tei.dtaJmmrvieote dnbr-(CaLldldudukC)
!.he 27. .udt m, tr~ee Uff. iM ~)
Line 28. ' a~;c pat moa ffi fi, ine ZT/ZZ months)
Step F. Charges for Cl~nging Service Tiers or Equipment
3~ep O. Fraudrise 'Arc& MomMy Eqalpmeeg &~l iaAalla/iou CNU for Adjustmet of leftraNted brviee
Line ;32.
Line 33.
MoatMy q uipmeet and iastalla~iout cNt (film 33f12 moutUn).
Emu on Wod~.~il 3, UM ~OL
Type1 I
76,0~'1
o121
a.a2~ '1
i o1'
I' el
I el
; el
d o!
I oi'
type 2
217.999~
18.16/
FILENAME h\19943ACCTG\887;
FCG FORM 393 - PART III
SCHEDULE A
CAPITAL COSTS OF SERVICE INSTALLATION & MAINTENANCE OF EQUIPMENT
0 4eTJ83i 32O/4 Q!
631
O
0. 3.100 8,41/
0
O ~ ~ 117331
Box I
8GNEDULE B
ANNUAL OPGIULTJN0 EX:P!~SSS FOR IRI.VICS IHSTAIJ~TIOM & ~AHCE OF BQU'D~tHNT
(idalieS Der~ I :~ilbm)
, 67,M3 1 d.647 1 2J)ez O ?S.?e~I
Box 2
A B
Eqdpmem { C, cou ao~k
Remote
Remote
Rcmo~e
~C~ev, Box
Cony. Bol
Coer. Bex
Other
C
i.0)8
I
;
¶
SO.49~s I
SCHEDULE C
CAPITAL COSTS OF ~ CUb'TOMB EQUIPMENT
D E F
t:)den. at Ne4 nook itemas m
'Foxes B-(C.e.D) !avetunes'
Ol :2.66~t L42~
0 1 320A u I 37,N1
O )42..133 38.4r4.
-0
Fedml ~u4
0
H
laddoe for
J
O:
I
0 f. 49.8~01
I
To~l!~
iamnsm
J
Total
(add F.G. Z41
z2='rl'
o
oi
33211
0
6.642 es.s~ !
Box3
FCC FORM 393 -- PART III
SCHEDULE D
AVERAGE INSTALLATION CHARGES
'Jb|e Or. raLor N~me:
I_NLAND VA,, ~ CABLEVISION
Fmae.~
CITYOFTEMECULA
c~ =ut~ u,,u m
Date: 18.-0et-94
Thb :~._.~.,~",~',~,.
IC~PTierrotclmmming Service
· ~. Average Hmum get Inetmllmdon $mUm=h
2. Unwtmd Home Int~lftlcm Charge (Line L1 x H~C)
Prewired Home
1. Average ~ per In~tmtmlion (artinch explanadm)
I. Prewirecl I~erne IrmlzUaiga Chm'ge ttjne b.1 x
· Addt=~ C4mecUon-Sepamte m.~ Chm. ge It.he d.~ x HSC)
OU~e..r IrmaNet]on ~by Item 'rype)~
Unwired Fieme tnslallstion:
1. Average Houm per Additional |nstaltjon (lUach explanatiort}
2. Item I Inmialion Charge (Line e.~ x HSC)
Tdp Oherge
3. Avmii~ Hou,s ~rAddit~n.~
4. IZem 2 lnm. dqti~n Charge ILine e.3 x HSC)
5, Average I-kxa, s per Additional inslallation letla. eh exl~mmion}
6. Item 3 InetllEtian Chlrge (Une e,Sx/-ISC)
' 7. Average Hours per Additional instaltaUon.(atlach explanation}
8, item 4 Instalation Charge (Line e,7 x HSC)
For HSC (Hourly SfffiH CIIIfIO)LtlC SilOlint Jroln Line 5 et tie Wedah~4t Ear Csleallliml
f
I
I
I
I
0.67
0.0
0.00
Cable Operator
Franchisee
Total of Numt3er of Channels I ~3,~t
Total of Satellite Channels
1 st Calculation:
Number of Channels
Number of Satellites
Benchmark Rate i+ 0.6070 ~ less
Total of Number of Channels I :Nil
Total of Satellite Channels 24l
2nd Calculation:
Number of Channels 35
Number of Satellites 25
Benchmark Rate ! less
0.62101
3rd Calculation:
R~sutts of 2rid Calculiion:
Results of 1 st Calculation:
I:\1994\ACCTG~FCC393-4
40
20
I
Divide by
Multiply by
Increment
! 0.5~10 !
Divide by
Multiply by
Increment
Subtracted from
Difference
Mutuply by
Increment
Plus
0.O68O I
f
5
1
0.0136 1
0.60701
0.5934 1
O,070O I
5
1
0.0140 Z
0.62101
0,6070f
O.607O1
o.r a4!
0.01361
5
4
0.0109 i
0.5934;
36% 20
36%25
Cable Operator
Franchisee
T/"-, of Number of Channels
', of Satellite Channels
1 st Calculation:
Number of Channels
Number of S~tellites
Benchmark Rate I 0.55101 less
Total of Number of Channels
Total of Satellite Channels
2nd Calculation:
NN~e~r ;~ Channels
Satellites
BenchmarkRme J 0.56201 less
3rd Calculation:
R~Jlts of 2nd Calculation:
Results of I st CaJculalion:
h\l 994~ACCTG\FCC393 - 4
45
D~de by
Multiplyby
Increment
.Divide by
Multiply by
Increment
Subtracted from
Difference
Divide by
Multiply by.
Increment
Plus
O-OS401
5
4
0.5510~
0,5078 1
o.ossol
5
4
0.5520
o.5172i
0.5o781
0.5134;e
44~ 30
44~ aO
44~2S
~4~ 28
A~'FA ~YJ' F
LAW OFFICES
BURKE, W~ & SO~
SUITE 76O
COrtA &E-.SA, CMf--ONfiA axeis
17141 1424221
:y3'& F~X i U.R. ~raTx.
415 - 896-0236
Hr, .,.Tohnaie G.iZes
Direce~r of Governmental ~etairs
Wut Communication
Rimcon ~nnmtion
Post Ofttoe ~ 193942
San Franc:Lscof CA 94119
Cable ~e3,.ev:Ls..'Lon - Review ot Form 393
esta, bl4,=,'h4qg, aax.tmna permitted basic service tier and
equipment and inst4llati~n rates
Bill Morgan and I have carefitlly reviewed your letter
of October 6, 3_994, responding to our ztvie~ of. your Form 393
establishing the --v4~m basic service tier rates and equilment
and lnst41lation charges for ~he Cit~ of TemecUla. We agree ~ith
some of your ~w~ents, but disagree ~ith ~c.here, on That basis
Diehi, ~vans Prepared the enclosed zevised Form 393, which
inoozporatee the fcllc~eing c23anges ~ the Fc~n 393 that was
included in .Diehi, Eva* eCity cf ~ Xgreed Upon Limited
Procedures Review of Cable ~.V. Pates as of September 21, L994ez
Z. Before addressing specific issue~, I must
note that our ~ginal September 2~ ~~is ads ;~
lnl~d's ot~gi~ ~ 393~ it ~uded mvel t,~- f~ b
det~ati~ oZ ~lation ~ ~a~ h~s. ~ doing
so, ~ s~st~a~y ~u~ ~e ~~ o~ l~or ho~,
~~ ~creuing ~e e~fe~ive ~ly ~te. ~ile we
believe ~s is ~ ~appr~riate p~i~, we were willing
to ac~pt it if It ~d avoid 8 l~y disUSe.
~r. JohnnAe Giles
November 21, 1994
per unt= pUZ~h*ae order amount
In ~mvlewtng ymur September 1993 Channel Line Up,
~.h---hal 28 was listed as ate 2e announced-. You have since
offered evidence ~hat ~hts wee & ~_u~lt7 ch~n~l
Buyever, I note tlat you have not p~cvtded a ch2nn~l
programming schedule for September, october or November
1993. This SXlggeStS that Channel 28 was
du=inq this time period. F~re tmportan=l , the Channel Line
U~ Card indicates to a subs~riber ~hat ~ was not a
programmed eamnnel. Consequently, it is still our view that
the Sel~ew ~ 1993 fiblariat oottwb I]MMald']~l
absent an' overall eoqgomtse.
3. We have still used the Tier Iaud Tier 2 rate
cards as of the tnltial date of regulation, and not as of a
prlor date. In our view, when the FCC referred to not
requiring ~/~e cable cpe=ator to sre~reshs data, they were
reEerrtng to other financial daU such as cos~ of e~u13ment
and the like. On the rcher hand, ~he instru~tons ere very
c/ear ~hat the ra~es ~ be used are the rates as of the
initial date of regula~ton.
4. One area oZ significant dispute between our
approach and 3~ur elTpro~ch =o the YQtm 393 is the-/rnt_~er of
remote c~n~-ols and c~nv~ters. Zn their 8e~amber 21, 1994
anal sis, Dlehl, Eva~s only ~mantad ~he numbez of u~kts in
only ~n units in mice, and n~ th~se in tnvercory.
units purchased, less units in ending invan=ory. )
Hr. Johnhie Giles
Novelllber. 21, 1994
Page 3
III, bu= ~ calculate gz~ss book at C~luan B of S~~o C
~~e~ly ~18ce ~ ~e ~ are ~ ~r
~n~ ~' ', ~ ~~a~ ~s ~k ~ ~ude ~se
~s adJ~ ~ of ~ h seNl~, 3,321, has
been ~ed a~ P~ III, S~p C, ~ne 12, a~ PaS III, Step
D, L~e ~.)
5. As to depreciatton schedules, we have always
en in agr~.xnt that convertars would be depreciated ~ver
ten years. However, we zema:i.n in disagreement ever ~he
be lrr tdsd w~=h £z~m Xnland L'~a~es tha~ ~he useful
wd~s=eu~i~n ~Th~Ule f~r ~e-~ls. ~__e evidsn~e we
life of remote control units iS five years, not the ~wo
years you p=op~sed.
6. The last issue concerns treatment of the
possesscry interest tax. The YFCC#s First Order on
ReconsideratlOn suggested aC ~ 107 TJmt t~ certain
circumstxnces, If the possesscry interest tax were
calculated on intangibles, it could be passed ~hrough to
eubscEibers. X~wever, ~t is our optnt'~B than suah a pass-
throuVh is ina~rta~e in =his ciz~usslance.
Firs=# for Fiscal Year 1993-94, according the
unt~ sesscr, the possesscry tn~arss~ tax on the Temecula
subscriber per month cha=ge ($43,259.12 divided 'b~ 9,119,
Second, assuming the tax was assessed on tangible
and intangible assets, this woad only mean taint ~he portion
0£ the tax .assessed on intangible assets could be passed
Fur. Johnnie Giles
November 21, 1994
Page 4
through to slabscribers. A different formu/a not us
Third, the Riverside Assessor does not calculate
d~the tax ba~~ on in~angibles, because he is precluded from
oLU~ so Im--'sumxt to Revenue .& h. xatton Code J 107.7(d).
Instead, the Assessor capitalLzes ~he'ammal rent, w~Lch is
the rer~..ra ed ~ach pursuant ~ i 107,7(b). To
det~g a competZ~Lve z~nt, ~he Assessor caP~l~l~sed 10%
of ant~(sipated ~Toss ~.eveimes. ~LLs z~stxlted in an assessed
value for F~ 93-94 ot 65,.074, aS0. Wl~h'a ~4x rate of
a~l~ldaa~ely -0146822 rids results Lu · poaaessory
Fourth, Inland appealed this fax, and ultimately
settled the appeal wil~h the Assessor at 843,259.12 for FY
93-94. Conseq~aerftly, even ~f the original tax was improper
under i 107 of the First Order on Recons~der~tion, the
reduced tax is not.
Rather, by settling =he matter, Inland ·
~s precluded from challenging the method '
as ~ing based on in=angible asse=s. of assessmen=
Pot all of the above reasons, we decline ~o permit
a Pass-through of the ~ossessory ln~ere8~ tax c~1 the
39S. .
We have made 811 of the above revisions 'on the enclosed
Form 393. The effect of 'making the above revisions is to reduce
~he maximum permit~ced basic service =ier rate ~o $11.39, frown 1~he
then C~=Te~t rate Of $11.S2, the remote oontroZ charge to $0.42
~rom 80.50, and ~he converter charge ~o 82.26 from 82.55. (Note
that we or~ginally recommended · reduo~icn t9 $11.66, $0.32 and
-$2.34 respec~ively.) Given that this amounts ~:x)a grea~er
reduc=ion than we origina11~ proposed in the Se~r 2let
analysis, you may wish to consider accep~ing our original
recommendation.
Please amPmot me u soca u possible as to how you
would like ~o prcr. eed. Far inZonmtJ. on,
for the November 29 meeting ~NNovel2m~ ~2, so Z will need ~our
response quick13[ ~f we hope to resolve ~b/s issue for the nex~
Council meeting.
~r. Juhnnie Gilee
November 21, 1994
Page 5
your continuing c~oPerati~n and courtesy in ~b/s matter.
Very ~=uly yours,
ATI'A ~ G
WESTERN
COMMUNICATIONS
March 1, 1995
Bturke, Willjams & Sonrosen
3200 Park Center Drive
Suite 75O
Cosm Mesa California 92626
Dear Scott,
discussed in our recent phone conversations. W~ Communications on
behalf of IVC is wnHng to offer this proposed settlement because it is apparent
the we will not reach agreement on the proper treatment of the remaining
issue and we wish to resolve this matter and move forward. The spedtic
~erms of our proposal are set out below.
1. IVC will l~ovide a one time c~edit of $3.00 per subscnl~ within
60 days of the passage of the corresponair~ zesolutiorh
2. Since we propose to provide a one time credit and not'a rate
rehmd the City will not be required to refund any franchise fees.
3. The resolution should identify the fact that neither side is
judged to be incorrect in any xnann~ but is a settlement of the outstanding
issues regarding the appHcation of the rules governing Form 393.
I hope that this letter reflects your understanding of the tsrms that we
so recently discussed and I look forward to your reply.
Sin,:erely, f
FlineonAnnexStaion. Post OIIk:e Box193942 - Sen ~, CA 94119
Two ~~.121 SpeerS'e~eI, Sule203-San Francisco, CA g4105
Phone (4~S) e~6-sooo · FAX (4~5) 8e6-02m
ITEM 12
APPROV~~
CITY ATTORNEY
FINANCE OFFI
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
City Manager/City Council
Genie Roberts, Finance Officer
March 14, 1995
Property Insurance Coverage
RECOMMENDATION: That the City Council review and approve 1 ) the new Aetna
property insurance policy with Strachota Insurance Agency Inc., effective March 27, 1995;
and 2) provide staff with direction to obtain Requests for Qualifications for property insurance
broker services.
DISCUSSION: The City's current property insurance policy expires on March 26, 1995.
The policy is provided by Aetne Insurance Company through Strachota Insurance, the City's
property insurance broker. The policy includes all-risk and earthquake coverage at various City
locations.
On February 22, 1994, in the course of renewing the property insurance policy, City Council
directed staff to obtain new insurance proposals at mid-policy year. Thereafter, on September
13, 1994, two proposals for property insurance were presented to City Council. The Council's
direction at that time was to allow the current broker to resubmit a proposal and return the
item for consideration. As a result, on November 15, 1995, two proposals were submitted
for consideration: 1 ) Strachota Insurance Company (Strachota Proposal); and 2) Robert F.
Driver Company (Driver Proposal). At that time, Council directed staff to extend the Aetna
policy until the end of the policy term while revising the policy in accordance with the proposal
submitted. In addition, both companies submitted a combined report in an effort to provide
council with additional information (Attachment A).
The Strachota proposal consists of blanket coverage. For the most part, the blanket coverage
amounts correspond to the declared property values, for example, the limit on the building
coverage ($6,070,000)is the total value of all insured buildings.
The Driver proposal consists of participation in the Public Entity Property Insurance Program
(PEPIP), a joint insurance purchasing program. PEPIP is a combined group purchase concept
with the advantage of group purchase pricing and no risk sharing. The proposal provides
broad coverage along with the flexibility to ensure that the City is adequately covered.
Attachment A illustrates comparison of the two proposals, along with providing information
on risk management end "company issues." Coverage comparisons are identified in two
categories: "major" or "minor" coverages. Below are the primary areas staff identified in
determining a recommendation.
I. EARTHnU~KE
II.
III.
The Aetna policy provides for higher earthquake coverage limits. This policy provides
better coverage for the City and the dollar cost to earthquake coverage ratio is greater.
Currently, the earthquake insurance market is shrinking. If the City leaves Aetna, it is
unlikely that the City would be able to get future coverage through Aetna. The City
would then be limiting its options as to insurance carriers and may only be limited to
group or joint purchase programs such as PEPIP in the future.
ADMITTED/NON-ADMITTED CARRIER
The Driver proposal includes a non-admitted carrier for its first layer of coverage..
Insurance regulations specify that when proposals have been received from both
admitted and non-admitted carriers, the proposal from the admitted carrier must be
selected. However, one exclusion from this requirement may apply in' this case: 1 )
The non-admitted carrier may be selected if their proposal contains provisions which
are not addressed or not available in the admitted carrier's proposal.
This exclusion may apply to the Driver proposal since it provides for higher coverage
limits and a number of additional coverages for which the necessary amount of
coverage is difficult to determine. However, if this argument was challenged, the City
could be in an unfavorable position.
CUSTOMER SERVICE
The City has limited customer service experience with Driver, all of which is associated
with the PEPIP proposal. Although there has been limited interaction, Driver has been
responsive in addressing questions, providing information and follow-through.
Additionally, Driver has extensive experience in the municipal insurance arena. PEPIP
is specifically written for public agencies. Participants in the PEPIP program include
various cities and Joint Powers Insurance Authority participants.
The City has extensive customer service experience with Strachota. Strachota was the
first company to provide both general liability and property insurance for the City.
Approximately one year after incorporation, a new broker was obtained for the general
liability insurance; the property insurance has remained with Strachota. The City's
property needs have grown considerably, particularly with the acquisition of new
facilities (Senior Center, CRC). Thus, the City now requires a broker with extensive
experience and expertise in servicing the insurance needs of public agencies. Staff
feels that the level of expertise now required for providing insurance services to a
growing city, such as Temecula, would best be met by a broker who specializes in
providing municipalities with coverage.
IV. DEDUCTIBLE
Strachota - Aetna: $5,000- Special Form including theft
10% - Earthquake
Driver - PEPIP:
$5,000- All-Risk
10% - Earthquake
V. ANNUAL PREMIUMS
Strachota - Aetna:
$35,930
Strachota identified additional premium savings of
up to $7,250 by removing some minor coverages
(Attachment A, Page 17). Staff is recommending
maintaining these coverages.
Driver - PEPIP:
~34,498
Based on 1 ) the overall coverages including higher earthquake coverage provided by Aetna and
2) Driver's use of a non-admitted carrier, staff feels that the Aetna policy would best meet the
City's needs at this time. Renewing with Aetne would also provide the City with more options
in the future, as earthquake coverage is difficult to obtain. However, staff requests to further
review the "minor" coverages of the policy with the broker to ensure sufficient coverages
exist. The current Aetna proposal does not include flood coverage, which staff feels should
be addressed along with the minor coverages. Staff also recommends that Council provide
direction to obtain Requests for Qualifications (RFQs) for an insurance broker with municipal
experience.
FISCAL IMPACT: Adequate funds have been budgeted in the Insurance Fund 2
property insurance line item for this premium.
Attachment A
Attachment A
Page I
CITY OF TEMECULA
PROPERTY INSURANCE REPORT
Renewal Date Amended To: March 26, 1995
The following report is designed to review the City of Temecula's property insurance
program.
This is a joint effort by the Robert Driver Company and Strachota Insurance Agency.
I
RISK MANAGEMENT
Attachment A
Page 2
As with any large property exposure, insurance can be a
variable factor depending upon the risk management mind set
of the 'City.
The process of risk management includes the practice of
identifying and analyzing the exposure to loss and taking
steps to minimize these exposures to levels acceptable to
the City. many times this involves methods or procedures not
necessarily related to direct insurance coverages. Basic
risk management procedures can involve techniques used to
control losses (i.e. loss reduction, loss prevention or
exposure avoidance), and risk financing techniques involving
the transfer of risk or retention of risk by the City of
Temecula.
Then, when an exposure is to be insured a decision will be
made as to who will insure it, on what coverage form and for
how much. Various coverage forms may be used to lower the
premium depending upon how active the City wants to
participate in managing the program such as deductibles, co-
insurance, blanketing, etc.
In that all factors from premium vs benefit to company
stability and service are more or less important to each
individual decision maker, the subject is identified, a
brief explanation is made and a comparison is given.
This schedule is not a complete explanation of policy terms
and is not a substitute for the terms and conditions of the
policy. Only the actual policy language will govern the
scope and limits of the coverages involved. Please refer to
the actual policy for coverages, conditions and exclusions.
II
Company Issues
Attachment A
Page 3
Any insurance company can be measured by the following three
categories:
1. Size
The financial size of an insurance company is generally
categorized by "policyholder surplus plus conditional
reserve funds" or in other words, the net asset value of the
company.
A.M. Best Categories starting with size VII are as follows:
Class VII
Class VIII
Class IX
Class X
Class XI
Class XII
Class XIII
Class XIV
Class XV
50,000,000
100,000,000
250,000,000
500,000,000
750,000,000
1,000,000,000
1,250,000,000
1,500,000,000
2,000,000,000
to 100,000,000
250,000,000
to 500,000,000
tO 750,000,000
tO 1,000,000,000
tO 1,250,000,000
tO 1,500,000,000
tO 2,000,000,000
or more
2. Rating
There are several private insurance company analytical
rating services. The most common is A.M.Best which is widely
used and accepted.
These rating companies take into consideration all factors
from financial strength to management experience and
conclude an overall "grade".
The A.M. Best scale is from F to A++. A B+ or higher is
considered secure with any of the "A" designations being
desirable.
3. Charter
An insurance company may do business in California either on
an admitted/licensed bases or a non-admitted/not licensed.
The legislative mindset in California is for insureds to do
business with licensed carriers and not unlicensed carriers
unless the coverage is not reasonably available through the
licensed market of companies.
Attachment A
Page 4
The two main advantages of a licensed company is:
California Department of Insurance regulation and claims
handling support.
A company not licensed in California is a company that is
not subject to the authority of the California Department
of Insurance. A claims dispute would be between the insured
and the company without further intervention from the
California regulatory system.
California Insurance Guarantee Association.
CIGA is a California state program designed to reimburse
both unpaid claims and unearned premium to insureds of
California admitted companies who can no longer meet their
obligations.
Coverage is to $500,000 per claim and the coverage form may
vary from what was originally purchased.
Company Comparison
Even the large companies rarely accept the entire risk in a
multi-million dollar exposure. Typically a company will
internally layer or pass part of the exposure to another
company and share the premium.
PEPIP
PEPIP uses several companies to layer the coverage. Each
company is responsible for the specific layer it occupies.
The first four layers are what would practically apply to
the City of Temecula. The company and layers are as follows
for other than earthquake and flood coverages:
Company
Admitted Size Rating Coverage
Lexington No XV A++
RLI Ins. Co. Yes VII A
Royal Indemnity Yes XI A-
Allianz Yes VIII A
First $2,500,000 ~
Next 2,500,000/
Next 2,500,000
Next 7,500,000
For earthquake and flood coverages:
Company
Admitted Size Rating Coverage
Agricultural Yes XI A Entire risk
Attachment A
Page 5
AEtna
AEtna layers the coverages internally while remaining on the
entire risk as far as the City of Temecula is concerned.
Company Admitted Size Rating Coverage
AEtna Yes XV A Entire risk
III
GLOSSARY OF POLICY FORM TERMS
Attachment A
Page 6
Blanket Insurance -
This coverage allows for a single limit of insurance to
apply to two or more property items at several locations,
instead of a specific amount applying to a specific subject
of insurance. It allows you to shift property from one
location to another with no impairment of recovery subject
to the policy limit. The total coverage limit applies
regardless of the value of each location that is stated for
rating purposes only.
PEPIP
Is blanketed
AEtna
Is blanketed unless specified, premium savings to not
blanket is approximately $1,500.
Co-insurance -
Co-insurance is a clause that requires the limit of coverage
be a minimum percentage (such as 90%) of the insurable value
of the property. If the amount of insurance carried is less
than what is required by this clause, any claim payment may
be reduced by the same percentage as the deficiency.
For an example, covered property worth $100,000 may require
a minimum of 90%, or $90,000, of coverage for compliance
with the policy's co-insurance requirement. If only $72,000
of coverage is carried (20% less than the required $90,000),
then any loss payment would be reduced by 20%.
PEPIP
No co-insurance requirement
AEtna
No co-insurance requirement, premium savings to add 100%
co-insurance is approximately $1,600.
Deductible -
This is the amount that will be deducted from any payment
made because of a covered loss. Only covered items damaged
by covered perils count towards the deductible.
PEPIP and AEtna
Both $5,000 unless otherwise specified.
Attachment A
Page 7
Peril Restriction -
A peril restriction is where a particular feature within the
policy may carve out coverage for a specified peril.
Replacement Cost Valuation -
This loss valuation method pays for the cost to repair or
replace damaged items with like kind and quality without
deduction for depreciation. Without this endorsement there
could be a substantial loss to replace the proper~y at
today's prices but receive only the depreciated value of the
property that was destroyed.
PEPIP and Utna
Both replacement cost policies other than the mobile
contractors equipment (tractor) which is actual cash
value(can be changed in either form). Actual cash value
will pay only the depreciated value regardless of what the
replacement cost is.
Sub deductible-
A sub deductible is where a deductible for a particular
coverage varies from the standard policy deductible.
Sub limit-
A sub limit is where the policy may carry a coverage limit
or collective location limit of one amount but the sublimit
will restrict the coverage on that feature to a lower
amount.
The coverage may be restricted by: 1. Limiting the overall coverage for multi locations given
a single occurrence.
2. Limiting the amount of coverage for a particular item.
IV
MAJOR COVERAGES
Attachment A
Page 8
Buildings -
Building coverage provides protection for permanent
structures. Completed additions, permanently installed
fixtures, machinery and equipment, outdoor fixtures and
owned personal property used to service, repair or maintain
the building.
PEPIP
Pays reconstruction costs subject to a limit of
$250,000,000 per location and $500,000,000 aggregate or the
actual reconstruction costs, which ever is less.
AEtna
Pays reconstruction costs subject to a limit of $6,205,000
per location and aggregate or the actual reconstruction
costs, which ever is less.
Earthquake-
This coverage is used to provide protection against the
usually excluded peril of earthquake and after shocks. The
deductible is higher than the regular policy deductible.
PEPIP
Pays reconstruction costs subject to a sub limit of
$5,000,000. (includes buildings, contents, extra expense,
computers and valuable papers)
Sub deductible of 10% of total insurance to value per
location.
AEtna
Pays reconstruction costs subject to a limit of $9,285,000.
(includes buildings, contents, extra expense, computers and
valuable papers)
Sub deductible of 10% of total insurance to value per
location.
Electro c Dam Processing Equipment -
Special Electronic Equipment policies or Computer policies
insure items and causes of loss often excluded under
conventional property insurance forms.
Attachment A
Page 9
PEPIP
Included in policy limits.
AEtna
Covers $300,000 combined limit of all locations and is not
blanketed.
Media Coverage -
Media coverage is used to cover the loss or damage to
electronic media which results in additional costs to
reproduce data. This is important since many times these
costs can be more than actual damage to the hardware.
PEPIP
Included in policy limits without sub deductible.
AEtna
Covers $150,000 combined limit of all locations and is not
blanketed.
Personal Property -
This coverage protects the unscheduled contents of the City
of Temecula's owned and leased locations. This includes
furniture, supplies, office equipment and machinery,
fixtures and other miscellaneous items.
PEPIP
Pays replacement costs subject to a limit of $250,000,000
per location and $500,000,000 aggregate or the actual
replacement costs, which ever is less.
Includes office contents, communications equipment, other
equipment, maintenance and supplies.
AEtna
Pays replacement costs subject to a limit o[ $1,380,000 per
location and aggregate or the actual replacement costs,
which ever is less. Personal property is property that is
in or within 100 feet of scheduled locations.
Includes office contents, communications equipment, other
equipment, maintenance and supplies.
Attachment A
Page 10
Valuable Papers -
This coverage is designed to pay for the costs to
reconstruct original source materials including records,
deeds, manuscripts, films, drawings or other valuable papers
or records that have NOT been converted into usable
electronic data.
PBPIP
Pays replacement costs subject to a limit of $25,000,000
per location and aggregate or the actual replacement costs,
which ever is less.
AEtna
Pays replacement costs subject to a limit of $1,000,000 for
valuable papers including original county records at stored
location. $15,000 all other locations, or the actual
replacement costs, which ever is less. Not blanketed
V
MINOR COVERAGES
Attachment A
Page 11
Accounts Receivable -
This coverage is used to reimburse for accounts owing that
are rendered uncollectible because of loss by a covered
peril.
PEPIP
Pays replacement costs subject to a limit of $25,000,000
per location and aggregate or the actual replacement costs,
which ever is less.
Pays replacement costs subject to a limit of $5,000'each
location, not blanketed. This coverage is inexpensive and
can be increased upon request.
Building Ordinance Coverage -
This coverage will protect against loss due to the
enforcement of existing building or zoning laws that results
in additional costs to rebuild or demolish an insured
building. This includes the additional costs of retrofitting
or demolishing the undamaged portion of the building due to
an ordinance requirement.
PEPIP
Includes building ordinance without sublimit.
Aetna
Includes building ordinance other than Earthquake.
If all buildings are currently to code, savings to remove
is approximately $2,100.
Business Income -
This coverage is used to insure against loss of income that
is experienced because of a suspension of business when
insured property has been damaged by a covered peril. The
key here is '*insured'* property, therefor this coverage would
not extent to property that generates tax revenue. The City
of Temecula has limited application for this coverage.
Attachment A
Page 12
PEPIP
Included if values are declared. (Not presently included)
Aetna
$1,000 each location, non blanketed. This amount just
happens to be a minimum amount written into the package.
This coverage is inexpensive and can be easily increased.
Debris Removal -
The replacement value of property is the fair market value
of replacing the property lost. An additional cost to this
process is removing and cleaning up the original lost
property so that the property can be replaced. Debris
removal covers these costs.
PEPIP
Included in policy limits.
Aetna
Up to $1,551,000 (25% of building limit) included in limit.
Extra Expense -
This pays for the necessary additional expenses needed to
continue business when a covered loss destroys insured
property. These expenses could include temporary relocation,
site security, cost of moving, etc.
PEPIP
Included in policy limits.
Aetna
Up to $200,000 per loss.
Fine Arts -
This endorsement extends coverage to historical, rarity,
cultural or artistic value of an item beyond the functional
replacement value.
PEPIP
Included in policy limits. Up to $1,000,000.
Aetna
$5,000 per location, non blanketed. Can be easily
increased.
Attachment A
Page 13
Fire Department Service Charge Reimbursement -
This coverage is used to extend the policy limit to include
the resulting fire department service charge because of a
covered loss.
PEPIP
Included, without sublimit.
Aetna
Up to $5,000 per location, non blanketed.
Flood -
This coverage is used to provide protection against the
usually excluded peril of flood. The deductible is higher
than the regular policy deductible.
PEPIP
Pays reconstruction costs subject to a sub limit of
$5,000,000. (includes buildings, contents, extra expense,
computers and valuable papers)
Sub deductible of $200,000 per location.
Aetna
Not covered on the AEtna proposal. Can be added if the
exposure exists.
Glass Coverage -
This'coverage will provide extended protection for premises
glass. Without this endorsement, most policies cover glass
to the limit for such perils as fire and lightning but not
for vandalism. Glass coverage needs to be added to extend
the peril of vandalism to full glass limits including
temporary boarding.
PEPIP
Included without sublimit.
Aetna
Included. Given the unlikely chance of vandalism exceeding
the $5,000 deductible and the fact that fire is covered in
either case, the savings to remove is $1,200.
Attachment A
Page 14
Improvements and Betterments -
This coverage is used to extend the property policy to
insure against loss of specified alterations or additions
that have been made in the building leased. This is
important because these improvements become the property of
the building owner and may not be compensated after their
destruction from a covered loss.
PEPIP
Included in policy limits.
Aetna
$500,000 at City Hall. Prior to this, the improvements and
betterments had been confirmed to be covered in the lessors
policy. Upon confirmation again, the savings to remove is
$850.
Mechanical Breakdown and Electrical Current Coverage -
Extends the property policy to include protection against
loss resulting from artificially generated electric current.
Arching can effect most office equipment from a calculator
to a photocopier to an electric panel. Destruction to an
arching electrical panel can be expensive and is usually
excluded in most property policies. This coverage applies to
the actual arching damage. An ensuing fire would be covered
under the regular policy coverages.
Mechanical breakdown is to cover damage a broken part does
to the rest of the item. An air conditioner could have a
small and inexpensive part break and damage the most
expensive part of the unit. The damage the part does is what
is covered.
PEPIP
Not covered.
Aetna
Not covered.
Hartford Steam Boiler
This is a separate and highly recommended policy issued
through Hartford Steam Boiler.
Deductible of $1000. Coverage is for $3,500,000.
Attachment A
Page 15
Newly Acquired or Constructed Property Coverage -
Newly Acquired is used to extend the property policy to
cover any newly acquired or newly constructed values after
its acquisition or construction begins until it is reported
to the carrier or the end of the policy, which ever is less.
PEPIP
Covers until expiration without premium, $5,000,000 except
for the peril of earthquake and flood. Earthquake and flood
incurs premium from acquisition and must be reported within
120 days.
Unintentional omission through error is covered.
Aetna
Covers newly acquired and not yet reported locations for 90
days. Limit is 25% of building amount up to $250,000.
Outside Signs Coverage -
This endorsement is used to extend coverage to signs not
attached to the building. Most property policies exclude
unattached signs.
PEPIP
Included without sublimit.
Aetna
Covers to $2,500 each location. This a package coverage
that can be increased.
Personal Property In Transit Coverage -
Without this endorsement, personal property is covered only
within 100 feet of the scheduled locations. This is to
extend personal property coverage while in transit to
another location.
PEPIP
Included in policy limits. Up to $5,000,000.
Aetma
Covers to $5,000 in any one loss and can be increased.
Personal Property Of Others -
This is designed to protect against loss of personal
property of others while in the City's care, custody or
control.
PEPIP
Included in policy limits.
Aetna
Covers to $5,000 in any one loss and can be increased.
Attachment A
Page 16
Personal Property Off Premises -
This provision is used to extend the personal property
coverage while it is temporarily located at premises the
City does not own, lease or operate. This is different than
transit in that it is designed for property that has reached
a temporary destination and is no longer being transported.
PEPIP
Included without sublimit.
Aetna
Covers to $10,000 in any one loss and can be increased.
Revenue Interruption Protection -
Similar to the business income, this coverage differs by
extending coverage to tax revenue lost due to the
destruction of real property not owned or controlled by the
City of Temecula by a covered loss.
PEPIP
Not covered but available without earthquake or flood when
values are reported
AEtna
Not covered.
PEPIP
Property Package
Difference in Conditions
(Earthquake and Flood)
Total
3,380
31,118
$34,498
Attachment A
Final Page 17
AEtna
Property Package all options
including earthquake
Total
$35,930
Property Package including
earthquake with Risk
Management premium savings,
as identified in proposal.
Remove blanket coverage
Add Co-insurance
Remove ordinance
Remove glass
Remove tenant impr6vements
-1,500
-1,600
-2,100
-1,200
- 850
$28,680
Hartford Steam Boiler
Coverage.
( recommended separately with
any of the options. Driver or
Stracho~)
$ 1,374
ITEM 13
ORDINANCE NO. 9S-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING ~ts'xC PLAN NO. 213, AMENDMENT NO.
2 (PLANNING APPLICATION NO. 94-062) AMENDING ~C PLAN
NO. 213 TO CHANGE THF~ ZONING FOR HANNING AlzE& 11 (32
ACRES) FROM VERY HIGH DENS1TY RF. SIDENTIAL (14-20 DWEt JJNG
UN1TS PER ACRE WITH A MAXIMUM OF 360 MULTI- FAIVftLY
DWELL~ TO MEDIUM DENSITY ~ENTIAL (2-S DW~J~ING
UNITS PER ACRE WlTH A MAXIMI.WI OF 1~ ~INGLE FAIVffLY
DVt~'~IJJNC~), LOCATED ON THE SO~T CORNER OF TOV~'N
VIEW AVENUE AND MURRIETA HOT SPRINC~ ROAD.
W!!EREAS, Ptdte Home Corp. flied PA94-(X}62 in accordance with the Riverside
County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted
by reference;
~, Pulte Home Corp. has flied a request with the Local Agency Formation
Commission of Riverside County to annex the subject sites to the City of Temecuta and has
requested the City through its application PA94-0062 to pre-zone the subject site prior to its
annexation;
Wlt ESeE4~, said Specific Plan Amendment application was processed in the time and
manner, prescribed by State and local law;
WBERFAS, the Planning Commission considered said Specific Plan Amendment on
January 23, 1995 at which time interested persons bad an opportunity to testify either in support
or opposition;
WHEREAS, at the conclusion of the Commission hearing, the Commission
recommended appwval of said Specific Plan Amendment;
WHt;KEAS, the City Council conducted a public hearing pertaining to said Specific Plan
Amendment on Febnmry 28, 1995, at which time interested penons had an opportunity to testify
either in support or opposition to said Specific Plan Amendment;
WHtc~l?AS, the City Council received a copy of the Commission proceedings and Staff
Report regarding the 'Specific Plan Amendment;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA
DOES ORDAIN AS FOr-LOWS:
Section 1. Findings. That the Temecula City Council hereby makes the following
findings:
Ords~95-4M I
A. The CAW Council in approving the pro~sed Specific Plan Amendment, makes the
following findings, to wit:
1. The project is consistent with the applicable General Plan.
2. The project is compatible with surrounding land uses which are future
residential and commercial developments.
3. The project site is located within the CAty's Sphere of Influence.
4. Mitigation measures in Environmental Impact Report for Specific Plan No.
213 will reduce the impacts of the project.
5. The site of the proposed project is suitable to accommodate the land uses
.permitted in Specific Plan No. 213 due to the fact that the development standards and Conditions
of Approval proposed within the Specific Plan and the mitigation measures within the i~XR.
ensure orderly development of the site.
6. Said findings arc supported by analysis, maps, exhibits, and environmental
documcnts' associated with this application and herein incorporated by reference.
Section 2. Rnvironmental Comg!ignee. According to Section 15182 of the California
Environmental Quality Act Guidelines, no further environmental analysis is required for this
pwject since an Environmental Impact Report was previously certified by the County.
Section 3. Conditions. The City Council of the City of Temecula hereby approves
Amendment No. 2 to Specific Plan No. 213 (PA94-0062) to change the zoning for Planning
Area 11 (32 acres) from Very High Density Residential 04-20 units per acre with a maximum
of 360 multi-family dwellings) to Medium Density Residential (2-5 dwelling units per acre with
a maximum of 150 single family dwellings), located on the southwest corner of Town View
Avenue and Murrieta Hot Springs Road, as more specifically and set forth in PA94-0062, and
subject to the Conditions set forth in Exhibit A to this Ordinance and incorporated herein by this
reference.
Section 4. This Ordinance shall be in full force and effect thirty 00) days after its
passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall
publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall
be posted rn the office of the City Clerk at least five days prior to the adoption of this
Ordinance. Within 15 days from adoption of this Ordinance, the City CAerk shall publish a
summary of this Ordinance, together with the names of the Councilmembers voting for and
against the Ordinance, and post the same in the office of the City Clerk.
OulsLOS-04 2
Section 5. PASSED, APPROVED AND ADOPTlID this 14th day of February, 1995.
ldfrey E. Stone, Mayor
ATI'E3T:
une s. 6ree city C_3erk
[SEAL]
STATE OF CAY-u~ORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF TEIdECD'LA)
I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 95-04 was duly introduced and placed upon its first reading at a regular
meeting of the City Council on the 28th day of February, 1995, and that thereafter, said
Ordinance was duly adopted and passed a regular meeting of the City Council on the 14th day
of March, 1995 by the following roll call vote:
0 COUNCILMEMBERS: None
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
lune S. Greek, City Clerk, CMC
Ords~95-04 3
EXHIBIT A
TO ORDINANCE NO. 95- , CONDITIONS OF APPROVAL
R:\STAFFRPT\(~'PA~,.CC 2/21195 ktb 8
EXHIBIT A
TO ORDINANCE NO. 95- , CONDITIONS OF APPROVAL FOR PA94-O062
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Silver Hawk Specific Plan Amendment- Planning Application No. 94-0062
Project Description: A request for approval of Amendment No. 2 of Specific Plan No.
213, Silver Hawk, by changing the zoning of Planning Area 11 from Very High Density
Residential (14-20 dwelling units per acre with a maximum of 360 multi- family
dwellings) to Medium Density Residential (2-5 dwelling units per acre with a maximum
of 150 single family dwellings) and establishing Zoning and Development Standards to -
allow the development of 150 single family dwellings.
Assessor's Parcel No.:
Approval Date:
914-260-059AND 914-260-062
PLANNING DEPARTMENT
Within Forty-Eight (48) Hours of the Approval of this Project
The applicant/developer shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of Seventy-Eight Dollars
(978.00) County administrative fee, to enable the City to file the Notice of Exemption
required under Public Resources Code Section 21152 and California Code of
Regulations Section 15094 15062.
General Conditions
The developer/applicant shall indemnify, protect, defend, and hold harmless, the City
and any agency or instrumentality thereof, and/or any of its officers, employees and
agents from any and all claims, actions, or proceedings against the City, or any agency
or instrumentality thereof, or any of its officers, employees and agents, to attack, set
aside, void, annul, or seek monetary damages resulting from an approval of the City,
or any agency or instrumentality thereof, advisory agency, appeal board or legislative
body including actions approved by the voters of the City, concerning the Specific Plan
Amendment which action is brought within the appropriate statute of limitations period
and Public Resources Code, Division 13, Chapter 4 (Section 21000 st sea., including
but not by the way of limitations Section 21152 and 21167). City shall promptly
notify the developer/applicant of any claim, action, or proceeding brought within this
time period. City shall further cooperate fully in the defense of the action. Should the
City fail to either promptly notify or cooperate fully, developer/applicant shall not,
thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any
agency or instrumentality thereof, or any of its officers, employees, or agents.
R:\STAFFRPT\62PAg~.CC 2/21/95 ktb 9
10.
11.
12.
13.
All development within this site shell be in accordance with the requirements of
Development Agreement No. 9, including all City ordinances applicable under the terms
of Development agreement No. 9.
All landoooping oholl be oonoiatont with the WOteF Cffioiont Londeooping Ordinonoo.
This project and all subsequent projects within the site shall comply with all mitigation
measures identified in the Final Environmental Impact Report unless modified by the
Conditions of Approval.
Prior to is;uance of grading permits, approval of development permits, racordation of
final maps, issuance of building permits and issuance of occupancy permits for any
subsequent projects or activities within the site, the applicant/developer shall
demonstrate by submittal of a written report that all mitigation measures identified in
the Mitigation Monitoring Program.within the FEIR have been satisfied for the stage of
development that permits are being issued for.
The developer or the developer's successor-in-interest shall be responsible for
maintaining the undeveloped portion of the site including weed abatement and litter
removal.
The applicant shall deposit sufficient funds with the City of Temecula to retain the
services of a qualified consultant to administer and implement the Mitigation Monitoring
Program approved for this project as part of the Environmental Impact Report prepared
for Silver Hawk in compliance with Assembly Bill 3180.
If any of these conditions of approval differ from the Specific Plan text or map exhibits
or any other documents, the conditions enumerated herein shall take precedence.
Any proposed amendment to this Specific Plan shall require public hearings and review
by the Planning Commission and City Council, and/or shall be reviewed in accordance
with such rules and regulations for the review of Specific Plan Amendments as may
have been adopted by the City and which are in effect at the time of any proposed
amendment is submitted.
The developer, Assessment DistriCt 161 or Community Facilities District 88-4 shall be
responsible to pay all the costs associated with providing the necessary infrastructure
for the project. The City of Temecula shall not be responsible to pay for any necessary
infrastructure improvements associated with this project.
A Mitigation Monitoring Program shall be submitted prior to approval of any
implementing applications.
Approval of the GilveF I lawk G;pooifie Plan Amendment No. 2 io oontingont upon and
oholl not booarea offootivo, nor oholl it year, until the applioont hoe roaohod and
rooordod o binding mitigation agreement with the Tomooule Volley Unified Sohool
Diotrict to onouro the mitigation of the now otudonto generated by thi,J projeer if the
City Counoil adopts the Gohooi Mitigation Reoolution aa rooommondod for approval by
the Ranning Commiaoion. Refer to the Tomooula Volley Unified Sohool Dietriot latter
dctod January 13, 1001~. {Deleted by Planning Commission on January 23, 1995)
R:\STAFFRPT\62PA96.CC 2/Zl/95 ktb 10
DEPARTMINT OF PUBIIC WORKS
The following am the Department of Public Works Conditions of Approval for this project, and
shell be completed at no cost to any Government Agency. All questions regarding the true
meaning of the conditions shall be referred to the appropriate staff person of the Department
of Public Works.
It is understood-that the Developer correctly shows on the tentative site plan all existing and
proposed easements, traveled ways, improvement constraints and drainage courses, and their
omission may 'require the project to be resubmitted for further review and revision.
General Requirements
14.
The additional access on Murrieta Hot Springs Road has not been reviewed and
approved by the Department of Public Works and should not be considered a part of
this Specific Plan Amendment. In order for the Department of Public Works to support
this additional access to Murrieta Hot Springs Road, subsequent Traffic Studies will be
required.
15.
All street sections shall correspond with Typical Roadway Cross Sections and
requirements of the Circulation Element of the City's General Plan, City Ordinances and
standards.
COMMUNITY SERVICES DEPARTMENT
16.
Pursuant to the City's park land dedication requirements (Quimby), the developer or his
successor(s), shall enter into an agreement and post bonds to dedicate park land, or
pay the appropriate in-lieu fee, prior to recordation of each respective final map.
17.
All park facilities, and/or other recreational areas, intended for transfer to the City "in-
fee" shall be dedicated free and clear of any liens, assessments, or easements that
would preclude the City from using the property for public park and/or recreational
purposes. A policy of title insurance and a soils assessment report shall also be
provided with the dedication of the property.
18.
All park facilities, slope areas, parkway landscaping, trails and medians shall be
improved in conformance with the City of Temecula Landscape Development Plan
Guidelines and Specifications.
19.
Bike lanes and recreational trails shall be designed to intercept with the City's Park and
Recreation Master Plan. Class II bike lanes shall be constructed in concurrence with
the with the street improvements.
20.
Construction of the public park sites, landscaping, trails and medians proposed for
dedication to the City shall commence pursuant to a pre-job meeting with the developer
and the City Maintenance Superintendent. Failure to comply with the City's review and
inspection process may preclude acceptance of these areas into the City's maintenance
program.
R:\STAFFRPT\62PAWe. CC 2/21/95 ktb 11
22.
23.
24.
The developer, or his successor(s), shall maintain all park facilities, landscaping, trails
and medians until such time as those responsibilities are accepted by the City.
All perimeter walls, interior slopes, and open space shall be maintained by the
individual property owner(s) or an established Home Owners' Association (HOA).
All parks, slope areas, parkway landscaping, trails and medians, identified as City
maintenance areas, shall be offered for dedication on the final map.
Landscape construction drawings for all project areas (slopes, streetscape, medians,
trails and parks) proposed for dedication to the City shall be reviewed and approved by
the Director of Community Services prior to recordation of each respective final map.
R:\STAFFRPT\62PA96.CC 2/21/95 kLb 52
ITEM 14
ORDINANCE NO. 9~-(B
AN ORDINANCE OF THE CITY COUNCIL OF THE C1TY
OF TEMECUIA PERTAINING TO OUTDOOR VENDORS
AND ESTABLBnnNG REGUIATIONS FOR OUTDOOR
VENDING.
w~:uE,s,S, the City Council of the City of Temeafia hereby finds that Outdoor
Vending on private propc~ty promotes public interest by contributing to an active pedestrian
environment, and
WHEREAS, the City Council of the City of Temecula further finds that reasonable
regulation of outdoor vending is necessary to protect the public health, safety, and welfare.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS
FOLLOWS:
Section 1. Findings. That the Temecula City Council hereby makes the following
findings:
A. The planning agency and City Council find, in approving projects, adopting
land use regulations, and taking other actions, each of the following:
1. That the regulations of outdoor vending activities set forth herein are
consistent with the General Plan because the proposed action is consistent with the General
Plan Village Center Policies which call for pedestrian oriented uses.
2. The proposed use or action complies with all other applicable
requirements of state law and local ordinances.
Section 2. *PurVose. The purpose of this Chapter is to set forth the development
standards for the siting of outdoor vendors within the City limits. The purpose of these
standards is to ensure that the design and location of these vendors 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 of the community.
Recognizing that outdoor vendors offer the citizens of the community an alternative
service, the regulations of this Chapter are enacted to:
A. Promote public interest by contributing to an active pedestrian environment; ·
B. Set forth the conditions and requirements under which outdoor vendors may be
permitted to operate on private propcaty.
Seelion 3. ne~nttiox~. For purposes of this Chapter, the following words, terms,
phm~, and their derivations, shall have the rnemnings given hea'cin. Then, consistent with
the context, words used in the present tense singular include the plural.
A. 'Applicant' means any person who seeks to obtain a vending license pursuant
to the procedures and requirements of this Chapter.
B. 'Developed' means property that is fully improved.
C. 'Outdoor Vending License' means a license obtained pursuant to the
procedures and requirements of this Chapter which permits a vendor to sell food or
merchandise from a vending stand on private prolx~ty subject to the limitations of this
Chapter and any other applicable hws.
D. 'Outdoor Vendor' means any person who sells food or merchandise from a
vending stand.
E. 'Private Property' means privately owned, developexi, commcwial property
within the City limits.
F. 'Pushcart' means any device designed to be moved by human power,
including, but not limited to, wagons, or other wheeled containers or conveyances.
G. 'Vending' means the sale of food or merchandise from a rending stand
operating on private property within the City limits.
H. 'Vending Stand' means a pushcan, wagon, or any other wheeled vehicle or
device which may be moved without the assistance of a motor or which my be towed by
motor vehicle to the outdoor vending location and is used for the disphying, storing, or
transporting of articles offered for sale by an outdoor vendor.
~tion 4. l ,icp-n~ and AkDplication
A. T jcensinf. It shall be unlawful to sell, or offer for sale, any food, beverage,
or merchandise.from a vending stand on any private pfopaty within the City limits without
first obtaining an Outdoor VendhE License. Existing businesses which legally operate
outdoor disphys of merchandise prior to the adoption of this Chapter, are not required to
obtain an Outdoor Vending License for a period of one year from adoption of the Ordinance.
B. Al~licn"on. The application for an Outdoor Vending l-ice:~se shall be signed
by the applicant and shah include the following:
1. The name, home, and business address of the applicant, and the name
and address of the owner Cff other than the applicant) of the vending stand to be used in the
operation of the vending business.
2. A description of the type of food, beverage, or merchandise to be sold.
3. A description and photograph (including signage and colon) of any
vending stand to be used in the operation of the business.
4. A site plan delineating the location of the vending stand.
5. A photograph or drawing of the vending stand to be used for review
during the application approval triotess, showing materiMs, colon, and signage.
6. An application fee as established by Resolution of the City Council.
7. Written consent of the property owner to make the application.
Section 5. l.~'uance.
A. Not hter than thirty (30) days after the filing of a completed application for an
Outdoor Vending License, the Director of Planning shall approve, deny, or condifonally
approve the application and notify the applicant of his or her decision.
B. Licenses to vend outdoor within the City limits Slnali be x~-v'iewed and approved
by the Director of Planning in conjunction with the Business License Registration Program,
Building and Safety, and Public Works Departments.
C. There shall be at least two-hundred square feet (200 sq. ft.) of useable area for
each allowed vending stand. The vending stand shall be free of all obstructions within a six
foot (6') perimeter.
D. Locations for vending in the City shall be approved by the Planning Director.
Vending locations shall be designated based on the ability of the site to safely accommodate
the use by not interfering with pedestrian ciratlation and access or vehicle circulation or
parking. The Planning Director may require that the rending stand be removed from the
location and stored out of public view when not in use.
E. Vending locations may change only upon written request by an applicant
and/or Outdoor Vending Licensee and appwval of the Director of Planning.
OnIsW5-O5
All rending locations shall be on private propcat~ as previously defined in this
Section 6. Term and R~m. wsl-
suspended prior to expiration. An application to renew an Outdoor Vending License shah be
made not later than sixty (60) days before the expiration of the current Outdoor Vending
Business License Reghtration Program procedures outlined in this Code.
Section 7.' Prohibited Conduet and Hm,rs of Ol)eration,
conditions:
It shall be prohibited for any vendor to operate under any of the following
1. Operate between 10:00 p.m. and 6:00 a.m. of the following day unless
in conjunction with a special event as set forth in Riverside County Ordinance No. 348,
Section 19.51 as adopted by the City.
2. Leave any vending stand unattended.
3. Store, park, or leave any vending stand within any public right-of-way
or on any undeveloped or otherwise vacant property.
4. Sell food or beverages without appropriate Health Department permits
for immediate consumption or otherwise unless there is a litter receptacle available nearby
for public use. Alcohol sales shall not be permitted unless in conjunction with a special
event.
5. Leave any location without first picking up, removing, and disposing of
all trash or refuse remaining from sales made from the vending stand.
6. Allow any items relating to the operation of the vending business to be
placed anywhere other than in, or under the vending stand.
7. Set up, maintain, or permit the use of any additional table, crate,
canon, rack, or other device to increase the selling or display capacity of the vending stand
where such additional items have not been approved by the Director of Planning.
8. Solicit or conduct business with persons in motor vehicles.
0
Sell anything other than that which the Outdoor Vending License
10. Sound or permit the sounding of any device which produces a loud and
mucous noise, or use or operate any loud spe~_t-~, public address system, radio, sound
amplifier, or similar device to attract the attention of the public. Have any flashing, rotating,
or other similar lights or lighting to atWact the attention of the public or in violation of the
California Vehicle Code Section 21466.5.
Section 8, Safety
A. All vending stands in or from which food is prepared or sold shall comply
with the following requirements:
1. All equipment installed in any pan of the vending stand shall be
secured in order to ~event movement during transit and to prevent detachment in the event
of a collision or overturn.
2. All utensils shall be stored in order to prevent their being hurled about
in the event of a sudden stop, co111~on, or overturn. A safety knife holder shah be provided
to avoid loose storage of knives.
3. Compressors, auxiliary cnginu, generators, batteries, battery chargers,
gas fueled water heaters, and similar equipment shall be installed so as to be hidden from
view to the extent possible and be easily accessible.
B. No vending stand ,~h~l! exceed four feet (4') in width, six feet (6') in length,
and eight feet (8') in height, inclusive of sigrmge, umbrellas, etc.
Section 9. ]liqplay of Outdoor Venalrlg Tlcenqe.
A. All Outdoor Vending Licenses shall be disphyed in a visible and conspicuous
location at all times during the operation of the vending business.
Section 10. Advertl~inf.
A. No advertising, except the posting of prices, shall be permitted on any vending
stand, except to identify the name of the product or the name of the vendor.
Section 11. Denial. Suipen.~ion. And Revocation.
A. Any Outdoor Vending License may be denied, suspended, or revoked in
accordance with the procedures contained in this Code for any of the following causes:
Vending License.
Fraud or misrepresentation contained in the application for the Outdoor
2. Conduct of the licensed business in such a manner as to create a public
nuisance, or constitute a danger to the public health, safety, welfare, or morals.
3. Conduct which is conUaty to the pwvisions of this Chapter.
B. Any person wishing to appeal any denial, suspension, or revocation of an
Outdoor Vending License may do so, pursuant to the authority and procedures of Chapter
2.36 of this Code.
Section 12. Penalty for Violation
A. Any viohtion of any of the requirements of this Chapter shah be an infraction
and any viohtor may be punished pursuant to Section 1.20 et IlL of this Code."
Section 13. If any section, subsection, subdivision, sentence, chuse, phrase, or
portion of this Ordinance, is for any reasons held m be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council hereby declares that it would
have adopted this Ordinance, and each section, subsection, subdivision, sentence, chuse,
phrase, or portion thereof, hrespeciive of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or
unconstitutional.
Section 14. The City Clerk shall cause this Ordinance to be appropriately codified in
the Municipal Code.
Section 15. This Ordinance shall be in full force and effect thirty 00) days after its
passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk
shall publish a summary of this Ordinance and a certified copy of the full text of this
Ordinance shall be posted in the office of the City Clerk at least five days prior to the
adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk
shall publish a summary of this Ordinance, together with the names of the Councilmembers
voting for and against the Ordinance, and post the same in the office of the City Clerk.
Section 16. PASSED AND APPROVED this 14th day of March, 1995.
Jeff-xW E. Stone, Mayor
ATrEST:
June S. Greek, CiW Clerk, CMC
APPROVED AS TO FORM:
Gregory G. Diaz
Assistant City Attorney
[SEAL]
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA)
I, June S. ~ City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 9~-0~ was regularly introduced and placed upon its first reading at
a regular meeting of the City Council on the 28th day of February, 1995. That thereafter,
said Ordinance was duly adopted and passed at a regular meeting of the City Council on the
14th day of March, 1995, by the following vote, to wit:
0 COUNCH_MEMBERS: None
NOES:
0 COUNCK,MEMBERS: None
ABS~: 0 COUNCILMEMBI~RS: None
June S. Greek~ City Clerk, CMC
ITEM 15
APPROVAL ~
CITY ATTORNEY
FINANCE OFFIC R
CITY MANAGE
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
City Council/City Manager
Mary Jane McLamey, Assistant City Manager~~
March 14, 1995
Amended Animal Control Agreement and
Animal Control Ordinance and Resolution
RECOMMENDATION:
1. Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 95 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA REPEALING SECTION 6.04.010 AND ADDING
CHAPTERS 6.02, 6.06 AND 6.08 TO THE TEMECULA
MUNICIPAL CODE REGULATING THE KEEPING AND CONTROL
OF DOGS, CATS AND OTHER ANIMALS
2. Adopt a resolution entitled:
'RESOLUTION NO. 95 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABUSHING ANIMAL UCENSING FEES, AND
ADOPTING STANDARDS FOR THE OPERATION OF KENNELS
AND CATTERIES AND POLICIES FOR THE DISPOSITION OF
IMPOUNDED ANIMALS
Approve the First Amendment to the Agreement for Animal Control Services and
authorize the Mayor and City Attorney to execute the Amendment.
BACKGROUND:
The attached Ordinance and Resolution codifies the County Ordinance which had been
adopted by reference. There have been no changes recommended in the substance of the
Ordinance or the licensing fee, however, we will include the fee structure in the scope of the
User Fee Study,
The amendment to the Animal Control Agreement provides for a 30% increase in fees to the
County. It is the first increase in fees eince the City entered into the agreement on April 14,
1992. In order to control the cost of animal control services, staff will be issuing an RFP for
Animal Control Services in April.
FISCAL IMPACT:
Adequate funds ere available in the FY 94-95 budget for the proposed amendment.
ATTACHMENTS:
Animal Control Ordinance
Animal Control Resolution
Animal Control Agreement
First Amendment to Animal Control Agreement
ATTACHHENT
FIRST AMENDMENT TO AGREEMENT
FOR
ANIMAL CONTROL SERVICES
That certain Agreement between the COUNTY OF RIVERSIDE and
the CITY OF TEMECULA dated April 14, 1992, Agenda No. 3.29, is
hereby amended as follows with emphasis on underlined text:
Page 1, lines 12 through 16 shall read:
"WHEREAS, COUNTY and Lake Elsinore Animal Friends, located
at 29001 Bastron Avenue, Lake Elsinore, California,
hereinafter referred to as -Sg~mTER," has entered into a
cont.~nu~nq agreement whereby SHELTER is obligated thereunder
to perform certain services for COUNTY' relating to dogs and
other domestic animals delivered to SHELTER by COUNTYy . .
.
Page 1, lines 22 through 29 shall read:
"1. C~ tv Ord~ nances. CITY has incorporated into the City ' s
Municipal Code, substantially the text of County Ordinances
Nos. 534, 630 and 715, dealing with procedures and standards
for the licensing, impounding, regulation, and control of
dogs and other domestic animals, and authorizing the
seizure, impoundment and termination of ownership rights in
abandoned, neglected or cruelly ~reated animals. CITY
further agrees to take such action as is necessary to
incorporate into the City's Municipal Code, substantially
the text of County Ordinance Nos. 534.5 and 630.4 also
relating to animal control matters. CITY hereby agrees to
maintain the same in force so long as this Agreement, or any
extension thereof, shall remain in force. Two (2) certified
copies of the Municipal Code Sections or the ordinances
incorporating the County Ordinances or amending or repealing
the same, shall forthwith upon adoption of the ordinances be
furnished to COUNTY; one of said copies to be furnished to
the Contracts Administrator, and the other to the Clerk of
the Board of Supervisors."
Page 1, lines 30 through 31 shall read:
"2. Term. The term of this Agreement shall commence upon
execution and shall terminate June 30, 1995. automatically
renew.~ng on a year-to-year hasps on ~lv 1 o~ each
consecutive vea~ to a ~na] t~m~nat~on date o~ June 30.
2000. subject to the riaht by e~ther Pa~tv of cancellation
without cause upon s~xtv [60~ days' wr.~tten notice to the
other Party."
Page 3, lines 2 through 3 shall read:
wRegular time - 8:00 a.m. to 5:00 p.m. - $41.00/Hour
weekdays with exception
of Holidays.
sOrertime - In excess of 8 hours per day - 47.00/Hour
or at anytime on Saturdays,
Sundays, or Holidays.
Page 3, lines S through 12 shall read:
"In addition, CITY shall compensate COUNTY at the following
rates, or in accordance with those fees as amended in the relative
agreement between COUNTY end SHELTER, for every live dog or other
domestic animal C0UNTYdelivers to SHELTER as provided in Paragraph
3 heroin:
and
and
(a) $17.00 per live weaned animal delivered to SHELTER;
(b)
Additional fees for animals housed in excess of ten (10)
days$ i.e., evidantiary animals:
(1) Dogs/cats - $2.00 per day.
(2) Birds/fowl - $1.00 per day
(3) Farm-type enimals - $3.50 per day;
(c) $25.00 per month to offset a portion of the rental
expense paid by SHELTER for euthanasia freezers.
Amendment to fees may be subject to administrative approval and
application as set forth in paragraph 16 heroin.
Page 3, line 24 shall read:
"sufficient to cover the expenses of Fiscal Year 1994-95, or
any succeeding fiscal year, CITY shall..."
Page 4, line 10 shall read:
"California Penal code Section 597.1."
Page 5, lines 29 through 31 shall read:
- . This Agreement may be
clxAndec{ ~}r'mixl~tfiec{ Aniy'u~oA ~Ja~ mittera consent of ~-
P~ies h~eto vi~ ~e exception of ~e provision for ~ose
o~ational proced~es ~d ~e condu~ of pr~ manag~ent
not alleging ~e ~sic ~t~t of ~is Age~t, which ~y ~
a~inis~ati~ly au~orized ~d m~aged ~ ~e ~Y Director
of ~viro~ental Heal~ and ~e CI~ Mang~ for ~e City of
T~e~la.
All other terms end conditions of this Agreement are to remain
unchanged.
IN WITNESS WHEREOF, the parties hereto have caused their duly
authorized representative to execute this Amendment.
COUNTY OF RIVERSIDE
CONTRACTOR
CITY OF TEMECULA
BY Chairman
Board of Supervisors
By
Jeffrey E. Stone
ATTEST:
Gerald A. Maloney, Clerk
By
Deputy
(SnL)
Mayor
First Amendment to Agreement
for Animal Control Services
County and City of Temecula
ATTACHHENT
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ESTABLISHING ANIMAL LICENSING
FEES, AND ADOPTING STANDARDS FOR THE
OPERATION OF KENNELS AND CATTERIES AND
POLICIES FOR ~ DISPOSITION OF IMPOUNDED
The City Council of the City of Temecula .hereby
resolves as follows:
Sectl on ~. Pursuant to Temecula Municipal Code Section
6.02-.020 F and K, the following dog license fees are established.
Fee Schedule 1 mr 2 mr 3 mr Late Fee
Altered Dog $ 8.00 S12.00 S16.00 S20.O0 *
Unaltered Dog $25.00 S50.00 S75.00 S20.00 *
Altered Dog - Ouned by Senior Citizen S 3.00 S 5.00 S 7.00 515.00 *
(60 ~esrs or older)
proof of age required. "
Transfer Fee $ 2.00 $ 2.00 $ 2.00 II/A
* A late ~ee shall be charged if the thirty (~0) day recluirment is not
Secti on 2. Pursuant to Temecula Municipal Code Section
6.02.030, the annual license fee for cats shall be $9.00.
Section 3. Pursuant to Temecula Municipal Code Section
6.02.040, the fees for kennel and cattery licenses shall be as
follows:
1. Class I Kennel license, one (1) year $160.00
2. Class I Kennel licanse, two (2) years $220.00
3. Class II Kennel license, One (1) year $200.00
4. Class II Kennel License, two (2) years $320.00
5. Cattery license, one (1) year $160.00
6. Cattery license, two (2) years $220.00
7. Late fee fifty percent (50%)
of ~he applicable
one (1) year license
fee
Section 4. Pursuant to Temecula Municipal Code Section
6.02.060 B, the license fees for a kennel or cattery operated as
a rescue facility shall be fifty percent (50%) of the applicable
kennel or cattery license.
· ~:140~.1January 2a~, 1995 i
Sect4 on 5. Pursuant to Temecula Municipal Code Section
6.02,100A, the following fees are established for redemption of
· impounded dogs and cats.
First impoundment within a twelve (12) month period -
$15.00 plus $5.00 for each day of impoun~t.
For the second impoundmet within a twelve (12) month
period - $25.00 ~lds' '$5.00 for each day of impoundmant.
For the third or subsequent impoundmerit within a twelve
(12) month per.iod - $30.00 plus .$5.00 for each day of
Notwithstanding any other provisions of this
Resolution, where a sterile dog or sterile cat
belonging to a.person sixty (60) years of age or older
is impounded and the owner produces a certificate,
signed by a veterinarian that such animal is
permanently unable to reproduce, the base impeundment
fee for such animal shall be fifty percent (50%) of the
applicable impoundment fee specified in this chapter
plus $5.00 for each day of impoun~ment.
Sect.4on 6. Pursuant to TemeculaMunicipal Code Section'.
6.02.100B, the fee for destruction and disposal of any cat or dog
is $10.00.
section 7. Pursuant to Temecula Municipal Code Section
6.06.120, the maintenance fee for impounded animals shall be as
follows:
1. For the maintenance of swine, goats and sheep:
per animal, for each day,of impoundment - $5.00
2. For the maintenance of horses and cattle:
animal, for each day of impoundment - $5.00
per
3. For the maintenance of ponies: per animal, for
each day of impoundment - $5.00
4. For the maintenance of fowl: per animal, for each
day of impoundment - $1.00
5. 'For the taking UP of horses, cattle, ponies, sheep
and goats and adult swine: per animal - $20.00
!
Section 8. Pursuant to Section 6.02.040 G of the
Temecula Municipal Code, the City Council adopts the following
standards for the operation of kennels and catteries:
..1January 24, 1995
~ee.~ n~ t~ one.
The definitions used in these standards
2
shall be the same as those in Section 6.02.010 of the
Temecula Municipal Code.
II. Standards for- A11 Kennel s ~nd C~tte~.~ es.
1. All kennels and carteties shall comply with all
statutes, ordinances, ru/es and regulations
applicable thereto.
2. All kennels and catteries shall be constructed,
maintained and'operated in such a manner as to
preserve and protect the general health, safety
and welfare of the public and the animals
maintained in such' kennels and catteries. In
furtherance of this purpose, .the Chief Animal
Control Officer may, in his discretion, impose
such reasonable standards in addition to those
contained herein, upon any kennel or cattery
located in the City.
3. All housing facilities for animals must be
constructed, equipped and maintained so as to
continuously provide a healthful, safe and
sanitary environment for the animals which are
kept therein. Interior walls of indoor housing
ereas shall be constructed of an impervious
material that can be washed and sanitized.
4. All kennels ~d catteries shall provide adequate
shelter from the elements and sufficient exercise
space for all of the animals maintained therein.
5. Water for drinking shall be available to the
animals at all times.
6. A suitable and sufficient supply of appropriate
food for the animals shall be maintained on hand
and provided at appropriate intervals.
7. Animal food' shall be stored under sanitary
conditions and food and water receptacles shall be
of a material which can be easily cleaned and
disinfected. Each kennel and cattery facility
shall contai~ a water basin for the cleaning of
· food and water =receptacles.
S. Kennel and cattery facilities shall have ample and
well distributed light. Such lighting may be by
natural or artificial means and shall be adequate
to permit observation of the animals and to allow
for proper cleaning.
'.aNGE:l/,IM,.1Januery 2/,, 1995
3
Kennel end cartsty facilities shall be adequately
ventilated at all times to provide for the health
end comfort of the animals.
1.
. Fresh air shall be provided by mew of windows,
doors, vents, or air conditioning end kennels end
cart,rise shall be ventilated as to minimize
drafts, odors end condensation of moisture.
Auxiliary vetilation such as fens or air
conditioning or .similar cooling devices shall be
provided when deemed necessary by the Chief Animal
Control Officer.
Heating shall be. provided when deemed necessary by
the Chief Animal Control Officer.
Each kennel end cartsty facility shall have
available spray equipment and chemicals to control
flies end other insects, end rodents.-
.1Jenuery 2&, 1~
Each kennel end cattery shall provide for the
daily disposal of animal wastes· If disposal is
by other than a .sanitary sewerage system, animal
wastes shall be picked up not less then once each
day, or more often as needed. Once picked up,
enimal wastes shall be placed in fly-tight
containers until removed from the kennel premises.
Said containers shall be transported to an
appropriate diSp0sal site not less than once each
week.
15. Water hoses shall be positioned so as to provide
ready capability for washing down all enimal
wastes. This shall be done often enough each day
so as to prevent the build-up of noxious orders,
end in no event shall be done less then once each
day. All runoff which contsins enimal wastes must
be maintained within the confines of the kennel or
cattery premises. All areas wherein water is
utilized as a method for the cleaning of enimal
wastes shall be connected to en appropriate
disposal system.
16. The overall kennel and cattery premises shall be
kept free] of trash, waste end debris of eny kind.
17. If a kennel end a cattery are operated or
maintained on the same premises, they shall be
separated from one smother by a solid partition
wall which has no doors or windows that
communicate from one side of the wall to the
4
other. Such promises shall comply with such other
requiroments as the Chief Animal Control Officer
may reasonably impose under the circumstencom.
III. stana~ds fo~' Class T Ke~ue3s
1. All dogs shall be maintained end confined in a
house-type enclosure between the hours of 10:00
p.m., end~ 6'.;iO0'~'.m., except that up to four (4)
dogs may-be unconfined on the kennel promises
during such hours.
2. Dogs shali not be housed or maintained in any area
which is less then twenty (20) feet from any
property line and no closer then five (5) feet
from any structure located on the kennel promises
which is used.-for human habitation, except that
where a dwelling house is located on the kennel
premises any number of dogs may be taken into said
house for temporary periods. As used in this
subsection, the term "dwelling house" shall also
include a bern, garage or similer appurtenant
structure or outbuilding.
3. Dogs may be ~exercised on any portion of the kennel.~
premises.
4. The Chief Animal Control Officer shall have
discretion to determine whether runs shall be
required.. Where so required, the runs shall
comply with such specifications as the Chief
Animal Control Officer shall prescribe.
5. The kennel shall be enclosed by a perimeter fence
erected f~r the purpose of containment7 such
fencing .s~all be .of such height and material as
are approv. ed by the Chief Animal Control Officer,
and shall comply with all applicable building
laws, ordinances, codes and regulations.
6. A caretaker ~hail be required to be on the kennel
premises on a daily basis.
S~mndar~m for C3~sS TT Kennems
1. Section III, subSections 1, 2,, 3, end 5 herein
shall be applicable to Class II kennels.
A live-in caretaker is required who shall be on
the kennel premises daily·
All kennels 'shall be constructed so that there is
tAIIGE:14~.1Jarmry 24,,, 1995
5
an indoor housing area and an outdoor run. Runs
shall be constructed and located not closer than
five (s) Zest to any structure used for human
habitation located on the kennel praises and not
closer than twenty (20) feat to any property line.
Indoor housing areas shall be constructed so as to
be capable of being enclosed during inclement
weather, to provide for noise control and shall be
of a sizd'~r~fb~ent to accommodate the number of
dogs housed therein and said number shall be
subject to the discretion of the Chief Knimal
Control Officer.
Formula:
Example:
2x24
Outaide runs shall contain a minimum of twenty-
four (24) square feet and shall not be less than
three (3) feet wide· Runs shall be enclosed with
chain link.. fencing which shall be not less than
six (6) feet in height. A pertion of the run
shall be shaded from direct sunlight. Each dog
confined in such run shall be provided a minimum
square footage of floor space equal to twice the
mathematical square of the sum of the length of
the dog in inches, as measured from the tip of the
dog's nose to the base of the dog's tail, plus six
( 6 ) inches, expressed in square feet. The
foregoing formula is expressed as Sollows:
2 x (length of dog in inches)
= 6 inches - inches or
square feet
Adult dog measuring 24 inches:
z
= 6' ~ 1158e or 8 square feet
V. St~nd~m
Flooring of'runs'shall be constructed so as to
protect the dogs' feet and legs from injure and
appropriate methods of drainage shall be employed
to rapidly eliminate excess liquid from such
flooring·
· or G-ard ~oq. ~nd Sentry DoqKennels.
,.1Jmry ;4° 1995
· Kennels in which five (5) or m ore guard dogs or
sentry dogs or any combination thereof are kept
and maintained shall comply with the standards
provided herein for all kennels and carteties and
for kennels in accordance with the particular
kennel license issued by the Chief Animal Control
O~ficer and in addition, shall also comply with
the following:
6
Each such kennel shall ha enclosed by
perimeter fencing of at least six (6) foot
high chain link with a double entry safety
gate. Such perimeter fencing shall be escape
proof in that it shall be anchored solidly to
the ground in such a manner to prevent dogs
from escaping by digging under the fence end
of sufficient height to prevent dogs from
esca~i~'~b'~' climbing over the fence. If
necessary, to accomplish the intent of
containment, a cover over the fenced area
shall be finstalled.
There' shall be self-locking latches on each
individual dog run.
A sign ,,ha.l-1 be posted at the enntrence to the
kennel warning members of the public of the
type(s) of dogs maintained therein. Such
sign shall be of sufficient size end
construction to alert reasonuble persons of
the dengers of unauthorized entry.
Stanaards for Cattot4'-e
1. A live-in caretaker is required to be on the
catteryp~em~ses daily.
2. The catte~sha11 be located in a building wherein
the walls endlfloor are constructed of an
impervious material which con be washed end
sanitized, at.least ~wenty (20) feet from eny
property line end not less ~han five (5) feet from
any structure on the kennel promises which is used
for human:habitation, except that where a dwelling
house is located on the cattory promises eny
number of'catsimay be taken into the house for
t~mporary'periods. Mused in this subsection,
the term udwelling housee shall also include a
barn, garage or similar appurtenant structure or
outbuilding. Notwithstanding eny provision of
these Standards for Kennels end Cart.rise, no
catterM shall bei operated or maintained in a
structure used for human habitation or in a
garage.
sect4on 9. Pursuen~ to Section 6.06,140 B of the Temecula
Municipal Code, the City Council adopts the following policy the
disposition of enimals seized, impounded and forfeited puredent
-to this Chapter 6.06 of the Municipal Code:
Animals sAized,~hnpounded end forfeited under
'JkllGE:l~,O~.lJanuary 2&, 1995
i 7
Chapter 6.06 of the Temecula Municipal Code shall be
disposed of in the following manner and upon payment of the
following fees:
All bovine animals shall first be offered to the
State Director of Agriculture in accordance with state
law. In the event the animals ere not accepted by
State Director of Agriculture, they shall be disposed
of as follows: .............
Swine, goats and sheep shall first be offered to
one or more 4-H Clubs located in the general
region where the animals were seized as determined
by the Chief Animal Control Officer or his
designee. Next, such enimals shall be offered to
such organizations and persons who have
volunteered.-~o-receive such animals and have given
written notice hereof to the Chief Animal Control
Officer or his designee. In no event shall such
animals be returned to the person or persons who
were responsible for their ill treatment or care.
;.1January 2&, 1~5
Horses, mules,' burros and bovine animals shall
first be offered to the BLM if 8/iy such animal or
animals now available for placement were
'previously within the jurisdiction of the BLM and ·
had been placed by that agency. Such animals
shall then be offered to the Indio Sheriff's Posse
if they were seized in the eastern portion of
Riverside County, or to the Riverside County
Sheriff's Posses West, if they were seized in the
western portion of Riverside County. Thereafter,
such animals shall be offered to a 4-H Club in the
general region of the seizure as determined by the
Health Officer or his designee. Next, such
animals shall be offered to a person or
organization Selected from a list of persons and
organizations which have volunteered to receive
such enimals end have given written notice thereof
to the Health :Officer or his designee. In no
event shall such animals be returned to the person
or persons who .were responsible for their ill
treatment or care.
Animals not listed above shall be turned over to
the Chief Animal Control Officer or his designee
to be disposed of in such manner as he sees fit.
Charges for such.disposition are to e comprised of
the County's administrative charge of $20.00 end
costs incurred for the boarding of each animal
8
during the impound period, not to ~xceed $5.00 per
day for feeding/boarding and reasonable and/or
routine veterinaz7 care. the person or parsons
convict~d shall be liable for the reimburs~ment to
the County of all costs incurred relating to the
animal or animals from the time of seizure to the
time of final disposition.
Sec~c4on 10. Pursuaht"~ =S~ction 6.02,110 A of the Temecula
Municipal Code, the City Council adopts the following deposit for
the adoption or purchase of any dog or cat which has not been
spayed or neutered from any public pound, animal shelter, society
or organization:
1. A deposit in the amount of twenty dollars ($20.00)
per animal shall be paid by the adopting person or
purchaser to the--peand, shelter, society or
or~enization from which the subject dog or cat is being
adopted or purchased, with the exception that when a
female dog or her puppies are adopted or purchased by
one (1) person, only a single such deposit shall be
required.
2. Upon the p~Santation to the Chief Animal Control
Officer of a written statement or receipt from a
veterinarian that such adopted or purchased dog or cat
has been speyed Or nehtsred, fifteen dollars ($15.00)
of such deposit shall be refunded to the person who
paid the depos.it.
3. Notwithstanding the above, any dog or cat-over six
(6) months of age at the time it is adopted or
purchased, shall be spayed or neutered within sixty
(60) days of the date of adoption or purchase or the
deposit shall be deemed unclaimed and nonrefundable.
4. Notwithstanding the above, any dog or cat under the
age of six (6)~mon~xs at the time it is adopted or
purchased, shall be speyed or neutered within six (6)
months or the deposit shall be deemed unclaimed and
nonrefundable-,
tAeGE:l/,O~..1January 2&, 1995
PASSED AND ADOPTED by the City Council of the City of
Temecula at its regular meeting held on the day of
1995.
............ MAYOR OF THE CITY OF TEMECULA
ATTEST
CITY CLERK OF THE CITY OF TEMECULA
1January 24,, lf'g5
10
STATE OF CALIFORNIA )
)
COUNTY OF ORANGE )
SS
I, , City Clerk of the City of Temecula, DO
HEREBY CERTI~ that the foregoing Resolution was duly adopted at
a regular meeting of said City Council held on the day of
· 1995~ by th~"~11owing roll call vote:
AYES:
'COUNCIL B~BER:
NOES:
COUNCIL MEMBER:
ABSENT:
COUNCIL MEMBER:
CITY CLERK OF THE CITY OF TEMECULA
',AliGE:l~O4.1January 24, 19~5 11 ~
ATTACHMENT
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA REPEaxT-TNG SECTION 6.04.010 AND
ADDING CBAPTEES 6.02, 6.06 AND 6.08 TO THE
TEMECULA MUNICIPAL CODE ~TING THE
KEEPING AND CONTROL OF DOGS, CATS AND OTHER
ANIMALS "
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ~BY
ORDAIN AS FOLLOWS:
Section 1. Section 1.08.020 of the Temecula Municipal Code
is amended to remove Ordinance 534 from the list of County
Ordinances adopted by reference.
Section 2. Chapter:6.02 is added to the Temecula Municipal
Code to read as follows:
"ChxDter 6.09. Keeping xnd controll~na Dogs
and Cats: Con~roq xnd S-oDress~on of R~h~es.
Sect4on 6.0~-.030. ne~4~4t4ons. Whenever, in this Chapter
or in any resolution or standard adopted by City Council pursuant:
to this Chapter, the following terms are used, they shall have
the meaning ascribed to them in this Section, unless it is
apparent from the context thereof that soma other meaning is
intended.
A. -~4msl Rescue~w means any individual who routinely
obtains a dog or cat from the rightful owner of said animal, or
any animal from an animal shelter that has been retained in
accordance with this Chapter.
B. "At Ts~ae- means any dog which is off the premises of
its owner, custodian or caretaker and which is not under physicel
restraint by a leash of a size and material appropriate to the
size and temperament of the dog end which is held by a person
capable of restraining such dog, or is not otherwise physically
restrained by some other device or instrumentality, except ~hat
such device or instrumentality shall not include voice control,
eye control or signal control of the dog by any person, device or
instrumentality.
C. "Cxtterv" means any building, structure, enclosure or
premises whereupon, or within which, ten (10) or more cats, four
(4) months of age or older, are kept or maintained.
D. "Chief .)J'l~ma] Control Offlcere means the Chief Animal
Control Office of the City. City may contract with the County of
Riverside or any other public or private agency to serve as .the
Chief Animal Control Officer-
E. mCl,,s V l~mnnm~m means any building, structure,
enclosure or premise whereupon, or within which, five (5) to ten
(10) dogs, four months of age or older, are kept or maintained.
F. MCl~$ TT Ker~lelw means any building, structure,
enclosure or premise whereupon, or within which, eleven (11) or
more dogs, four (4) months of age or older, ere kept or
maintained ·
G. w~,4de ~o~w means any dog mined or being reared,
trained or used for the ~se of guiding a blind person.
H. "He~3th Of~4c~" means the Health. Officer of the County
of Riverside or his duly authorized representative*
I. .Tw,,o-n,qea" Roans having bee received into the custody
of any animal control center, enimal control officer, enimal
control vehicle or peace officer duly authorized by the City of
Temecula to receive such animal.
J. "Pea. on" means ~any individual, firm, partnership, joint.
venture, corporation, association, 01ub or organization.
K. -I~h34c ~t4tv- means any state, or public subdivision,
municipal corporation or, agency thereof.
L. "Sant~V ~oa" means any dog trained to work without
supervision in a fenoed facility and to deter and detain
unauthorized persons found within the facility. The term 'guard
dog" shall also mean msen~--'7 dog".
M. "Serv4ce ~oa~ means any dog being reared, trained or
used for purposes of fulfilling the particular requirements of a
physically disabled person including but not limited to minimal
protection work, rescue work, pulling a wheelchair or fetching
dropped items.
N, --~4ana3 ~oaw. means any dog trained or being reared or
trained or used for the purpose of alerting a deaf person or a
person whose hearing is impaired, to intruders or sounds.
O. "Un~ 4 tensea ~oa" mea~s any dog for which no valid
license is currently in force.
p. "UnA3te~e~ A~a Unsp~Ve~" means a condition that exists
in an animal which permits the producing of offspring. A dog or
cat that has not been speyed or neutered.
,ItAiGE:l~OS.1Jenuery Z$, 1~5 2 = i
Q. -Vacc.4nat4on' means inoculation against rabies of any
dog or cat, four (4) months of age or older, wi~h any canine
prescribed for the purpose of the California Department of Health
Services.
R. ~Vetew4nmw.4mna means a person holding a currently valid
license to practice veterinary medicine issued by the State of
California pursuant to .chap.t..er..11 of the california Business and
Professions Code.
S. "V4C4o-S Dog/V4C.4O,,~ ~t" means any dog or cat which
has bitten a person or animal without provocation or direc~cion or
which has a disposition or propensity to attack or bite any
person or animal without provocation or direction.
Sect.4on 6.02.09.0. Ms~d~torv noa Tacens~ng ~nd V~cc{nat~on.
A. Except as provided in Section 6.02.040 A, it shall be
unlawful for any person to own, harbor, or keep any dog, four (4)
months of age or older, within the City of Temecula, for a period
longer then thirty (30) days, unless a currently valid license
tag has been issued by Chief Animal Control Officer.
B. It shall be unlawful for any person to own, harbor or
keep any dog, four (4) months of age or older, within the City of:
Temecula, for a period longer then thirty (30) days, which has
not been vaccinated against rabies. Every person in the City of.
Temecula who owns, harbors or keeps any dog over four (4) months
of age for a period longer than thirty (30) days shall have such
dog vaccination shall be renewed in accordance with the
applicable laws and regulations of the State of California.
C. Each veterinarian after vaccinating any dog shall sign
a certificate of vaccination in duplicate in the form required by
the Chief Animal Control Officer. The veterinarian shall keep on
(1) copy and shall give one (1) copy to the owner of the
vaccinated dog and the owner shall retain such copy in his
possession.
D. The Chief Animal Control Officer shall issue a license
only upon presentation of a cer~tficate of vaccination indicating
therein that the date of expiration of the vaccination immunity
is not earlier than the date of expiration of the license being
issued or renewed, upon payment of the applicable license fee
specified in Section 6.02.020 F provided, however, that where the
vaccinated dog is between the ages of four (4) months and twelve
(12) months, the period of vaccination immunity required for
licensing shall be as specified in Title 17, California
Administrative Code, Section 2606.4.
E. Notwithstanding the provisions of section 6.02.020B and
D, in the event a dog has a short-term illness, is pregnant or
suffers fron a long term debilitating illness which in the
opinion of a veterinarian con~raindicates vaccination for rabies,
such dog shall not be required to undergo vaccination during the
period of such illness or pregnancy where a request for
vaccination deferral has been approved by the Chief Animal
Control Officer. Such request shall specify the duration of the
requested deferral, and shall be signed by a veterinarian. The
Chief Animal Control Officer shall issue a license for such dog
upon approval of the request" f~r vaccination deferral and payment
for the applicable license fee specified in Section 6.02.020 F.
The owner and person having custody of such dog shall confine and
shall keep such dog confined, for the duration of the deferral.
Within fourteen (14) days after the expiration of the deferral,
the owner or person having custody of such dog shall present the
Chief Anjanal Control Officer a certificate of vaccination in
accordance with the provisions of this Section.
F. Subject to the provisions of this Section, licenses
shall be issued upon payment of the applicable fee as set by City
Council Resolution adopted following a public hearing noticed as
required by State Law.
G. No fee shall be required for a license for any guide
dog, signal dog or service dog, if such dog is in the possession
and under the control of, in the case of a guide dog, a blind
person, or in the case of a signal dog, a deaf or hearing-
impaired, or service dogs for the physically disabled.
H. No fee shall be required for a license for any dog
owned by a public entity.
I. Each license specified in this Section shall be valid
for the period specified in Section 6.02.020 F shall be renewed
within thirty (30) days after such period ~erminates, except that
where the currant vaccination for the dog which is the subject of
the license shall expire prior to the expiration date of the
license being applied for, the Chief Animal Control Officer may
upon request of the owner or custodian of such dog backdate such
license so that its expiration date occurs concurrantly with or
prior to the expiration date of the vaccination~ provided,
however, that where such backdating is performed, there shall be
no reduction or discount of the license fee applicable to the
license applied for, and such license shall be renewed within
thirty (30) days after the date of its expiration.
J. Whenever a dog validly licensed under this Chapter
shall have died more than three (3) months before the expiration
date of the licanse, the. owner of-such dog may return the license
tag to the Chief Animal Control Officer, accompanied by a
statement signed by a veterinarian or a declaration signed under
penalty of perjury by the owner, indicating that such dog is dead
· and specifying the date of death. In such event, the license
e. NIGE:l~4)5.1Jmry ZS, 1995
4
shall be canceled end a pro-rata credit of the license fee by
full calendar qua~ce~s of the original license peri¢~ renain~ng
after the death of the dog nay be applied during said ze2nainLqg
'period to the license fee for enother dog aCguired by the sane
owner,
X. Upon transfer of ownership of eny dog validly licensed
under this Chapter, the new owner shall notify the Chief Animal
Control Officer, accompahied'b~'a~ransfer fee as set by Council
Resolution.
L. Notwithstendingthe provisions of Section 6.02,020 A,
where a person moves into the City of Temecula from another
community who owns a dog which is currently vaccinated against
rabies end for whichdoga license was issuedby such other
community, such license shall be deemed valid for a period of one
(1) year from the date such--person moves into the City, or the
date of expiration of the license issued by the other com~unity,
whichever is earlier. If en application for a license from the
Chief Animal Control Officer is made more than thirty (30) days
after such license is required, the applicant shall pay the
applicable late fee.
a. Upon request of the Chief Animal Control Officer, eny
owner of a dog for which'a license is required under the
provisions of this Chapter shall present to the Chief Animal
Control Officer a currently valid certificate of rabies
vaccination or license tag.
N. It shall be unlawful for eny person to make use of a
stolen, counterfeit or unauthorized license, tag, certificate or
any other document or thing for the purpose of evading the
provisions of this Chapter.
Section 6.0~.0~5. Control o~ Unspayed and Un~lte~ea Cak=.
It shall be unlawful for enyperson who owns, harbors, or
keeps eny unspayed or unaltered cat four (4) months of age or
older within the City to allow or permit such unspayed or
unaltered cat to be or remain outdoors.
Sect4on 6.0~.030. e-t~on-l t4cens4na o~ c~te.
An owner of a cat maybe issued a license end tag for
such cat upon presentation to the Chief Animal Control Officer of
a certificate of vaccination signed by a veterinarian certifying
that such a cat has been'vaccinated for rabies, end upon the
payment of the license fee as set by City Council ~asolution
adopted following a public hearing noticed as required by State
Law. Said license shall be valid for the period of ~mmunity
indicated in the certificate of vaccination.
RANG .1Jenusl"'y Z$, 1~;5 5
SeatI on 6.0~-. 040.
Mmnaxto~v T,4cena4np of Kennels
~ttmw4 es o
A. No person shall operate or maintain a kennel or a
cartsty without first obtaining an appropriate license thereof
from the Chief' Animal Control Officer. Such license shall be
valid for a period of either one (1) or (2) years from the date
of issuance, except that the Chief ~q4m~m Control Officer may, in
his discretion, limit the' duration of the license to one (1) year
when he deems such limitations to be appropriate. Said license
shall be renewed within thirty (30) days after the date of
expiration- Where a kennel license has been issued and is in
effect, the dogs contained in such kennel shall be exempt from
the requiromants of individual license tags as provided in
Section 6.02.020 A. The kennel license fees and late fees, if an
application for a license is made more than.'thirty (30) days
after the date such license-is..=equired, shall be set pursuant to
City Council Resolution adopted following a public hearing
noticed as required by State law.
B. Application for a kennel or cartsty license shall be
filed with the Chief Animal Control Officer on a form prescribed
by him not later then ten (10) days after obtaining written
verification from the City of Temecula's Planning Department that
the operation of the kennel or cartsTy is in compliance with the
applicable provisions of-the City lend use and zoning ordinances.
Said application form, when completed, shall contain such
information as may reasonably be required by the Chief Animal
Control Officer for the purposes of enforcement of this Chapter,
including but to limited to the' currant home telephone n!mher of
the caretaker of the subject kennel or cettery end another
current telephone number for emergency use or messages when such
caretaker is absent from the subject kennel or cettery. Where a
kennel or cettery is sought to be operated upon leased or rented
premises, a letter of consent from the owner of the premises to
the effect that the kennel or cartsty may be maintained end
operated on such premises shall be submitted to the Chief Animal
Control Officer at the time the .application for the kennel or
cartsty license is submitted.
C. After receipt of .a kennel or cartsty license
application, the Chief Animal Control Officer shall make en
inspection of the premises of the kennel or cettery for which a
license is requested. No ~annel or cartsty license shall be
issued nor shall any such license be renewed, unless and until
the kennel or cettery, in the opinion of the Chief Animal Control
Officer, satisfies the applicable laws and regulations of the
State of California, the applicable ordinances of the City of
Temecula end the applicable conditions set forth in the Standards
for Kennels end Carteties. No~withstanding any other provision
of this Chapter, the Chief Animal Control Officer or the City
Planning Director may, in their respective discretion, limit the
4WlGE:14,05.1Jenuery 23, 1995
6
numbers of dogs or cats over the age of four (4) months which are
kept or maintained in any kennel or cartsTy, and such limitation
may be imposed at such time as an application for an initial
'kennel or cartsty license is considered or at such time as an
application for renewal of a kennel or cartsty license is
considered ·
D. Notwithstanding any Other provision of this nhapter,
the Chief Animal Control 'Offi~er is hereby authorized to enter
upon and inspect the premises-of any kennel or cartsty located in
the City of Temecula for the purpose of determining whether such
kennel or cattery is in compliance with the provisions of this
Chapter and the Standards for Kennels and Carteties. As a
condition of the issuance of a kennel or cartsty license, each
owner and operator of a kennel or cettery shall agree to allow
such entry and inspection and such agreement shall be made a part
of the license application..-Such inspections shall be made
during reasonable hours when: the owner or operator of the kennel
or cartsty is present on the kennel or cartsty premises, end with
such frequency as the Chief Animal Control Officer shall deem
appropriate, and such inspections may, at the discretion of the
Chief Animal Control Officer, be made without prior notice to the
owner or operator of the subject kennel or cartsty. Willful
refusal on the paz~c of a. kennel or cartsty owner or operator to
allow such inspection ~hall be grounds for s,--~ary denial of an
application for a kennel: or cartsty license or for summary
suspension or revocation[of .a kennel or cattery license.
E. A nonprofit corporation formed pursuant to the
provision of the California Corporations Code commencing with
Section 10400, for the prevention of cruelty to animals, shall
not be required to pay a fee for the licenses required by Section
6.02.040 A provided, however, that all other provisions of
Section 6.02.020 B and Section 6.02.040 A shall be applicable to
any such nonprofit corporation.
F. Notwithstanding the ]provisions of section 6.02.040 c,
and Section 6.02.050 A, a kennel or cartsty which is in operation
on the effective date of this Chapter and for which on such date
there is in effect a current end otherwise valid license issued
prior to April 4, 1987 pursuant to the provision of Riverside
County Ordinance No. 455, shall, until April 4, 2007 be required
to comply only with those requirements for licensure and
operation other then the! license fees as ere required for this
Chapter.
G. The City Council shall adopt by Resolution standards
for the operation of all kennels and carteties.
eANI ~.lJmry Z~, 1995 7
Sect4 on 6,09-, 050,
Kepnel or Cmtterv T.4cenne.
A. The Chief Animal Control Officer may, in his
discretion, deny any application or suspend or revoke any license
for a kennel or cartcry if he finds that a kennel or cartsty
fails to meet any or all of the Standards for Kennels and
Carterise referred to in Section 6.02.040 C, or is in violation
of any law of the State ~f C~Itfornia or any provision of this
Chapter ·
B. When such denial, suspension or revocation occurs, the
Chief J~4.mA'~ Control Officer shall prepare a writtan notice of
such denial, suspension or revocation which shall contain a brief
statement of the reason or reasons for such denial, suspension or
revocation. The Chief Animal' Control Officer shall serve such
notice upon the applicant or--.lieensee by hand delivery or by
registered or certified mail,' .postage prepaid, return receipt
requested. Denial, suspension or revocation shall be effective
thirty (30) days after service of such notice. Where an
application for a kennel or cettery license is denied or where a
kennel or cartsty license issued pursuant to this ordinance is
suspended or revoked, no application for a new license for such
kennel or cartel7 shall be considered for a period of one (1)
year from the effective data Of such denial, suspension or
revocation; provided, however, that for good cause shown the City
Council may direct that there be a lesser period of time before
such application will be i considered-
C. Any person whose application has bean denied or whose
license has bean suspended or revoked, may appeal such denial,
suspension or revocation by filing with the City Clerk within
fifteen (15) days after notice of such denial, suspension or
revocation, a written notice of appeal briefly setting forth the
reasons why the appellant alleges such denial, suspension or
revocation is improper. . Within 'five (5) days of the receipt by
the City Clerk of such notice of appeal, the Clerk shall set a
hearing date for the appeal and shall give written notice of the
date, time and place of such hearing to the appellant, and such
notice shall be sent by registered or certified mail, postage
prepaid, return receipt-lrequested. The date of hearing shall be
not less than twenty (20) days from the date of mailing of the
notice of the date, time and place of the hearing, and the
hearings shell be conducted not later than forty-five (45) days
from the date of mailing of the notice of denial, suspension or
revocation; provided, however, that at the request of the
appellant, the City Clerk may extend the hearing date for a
reasonable period beyond the forty-five (45) day limit. The
appeal shall be heard by the City Council which may affirm,
modify, or reverse the denial, suspension or revocation. In
conducting the hearing, the City Council shall not limit by the
technical ru/es relating to evidence and witnesses, as applicable
e/mGE:l/,OS.1danuary 2:3, 1995
8
in courts of law. To be admissible, evidence shall be of the
type upon which responsible persons ere accustomed to rely in the
During the pondency of the appoal,
conduct of serious affairs.
there shall be in effect an automatic stay of the denial,
suspension or revocation~ provided, however, ~hat during said
period of pendency the Chief Animal Control Officer may take such
action as he deems appropriate under this Chapter or any other
provision of law respecting the subjec~c kennel or cartsty,
including but not limited t~"the abatement of public nuisances,
inspection of the kennel or cattery premises, or the prosection
of any violation of this Chapter or any other provision of law
not related to the failure of the subject keunel or cartsty to be
currently end otherwise validly licensed-
Sect~ on 6.020. 060. ~q~ma] Rescuer.
A. Any person engaged-in the rescue of animals, shall
first obtain a rescue permit from Chief Animal Control Officer
end shall meet all requirements for a kennel/cattery license.
B. The fee for a kennel/catterY permit as a rescue
facility shall be as set by City Council Resolution adopted
following a public hearing noticed as required by State law.
C. An animal rescuer may keep a maximum of four (4)
personal '(not for adoption or sale) dogs and nine (9) personal
(not for adoption or sale) cats and must include these animals as
"personal potsm on the enimal rescue permit applicatic;en- uInto
those cases where the person occupies from .5 to i a , p 6
dogs may be kept on the premises.
D. Personal dogs (not for adoption or sale) shall be
individually licensed in accordance with this Chapter.
E. A permitted rescuer obtaining animals from a shelter
facility pursuant to Section 6.02.100 G shall not be subject to
the payment of impound fees end charges specified in Section
6.02.100 A but shall be subject to the spay/neuter deposit
specified in Section 6.02.110 A.
F. All rescued dogs end rescued cata older then four (4)
months must be spayed/neutered prior to releasing to an adopting
party. In any event the animal must be altered within 30 days of
receipt by the rescuer.
G. Accurate end complete records of all animals shall be
maintained by the animal rescuer on forms which will be made
available to Chief Animal Control Officer for inspection upon
request.
H. An animal rescuer may recoup, from the adopting party,
the cost of any inoculations, the cost incurred by having the
,RAt )5.1Januar'y 23,. 1995 9
animal altered prior to adoption, and any costs related to the
treatment of illness or injury.
I. Administration of the animal rescue program shall be
the responsibility of the Chief Animal Control Officer who shall
have the authority to issue-and revoke e~t~ml rescue permits.
Sectt on 6.0~-. 070. nut~ es ~nd Powe~ o~ 0~ cers.
A. It shall be the duty of all peace officers to cooperate
with and assist the Chief Animal Control Officer in the
enforcement of the provisions of this Chapter, and such peace
officers and the Chief Animal Control Officer shall be empowered
to:
1. Receive, take up and impound:
a. Any d~ '~und running at large in violation
of this chapter or of any law of the State of Californian.
b. Any dog which, without provocation or
direction, is molesting any person~ and
c. AnY dog Which, without provocation or
direction, is molesting or harassing animals, birds, or pets
upon the premises of any person.
2. Regulerly :. and adequately feed, water and otherwise
care for all dogs and cats impounded under the provisions of this
ordinance, or to provideI for such feeding, watering and care.
3. Investigate the condition and behavior of any dog
or cat which he has reason to believe is vicious or dangerous and
if he finds such dog or cat to be vicious or dangerous in its
habits, he shall report his findings in writing, either by hand-
delivery or by mail, to the owner of such dog or cat if the name
and whereabouts of said owners ere known, and if unknown, then
the dog or cat shall be impounded.
4. Follow the provisions of Chapter 6.04 in humanely
destroying or giving .emergency care to sick or injured dogs and
cats ·
Sect.ion 6.0~-.080. ~t~v UDOn PriVAte P~ope~cv.
Unless otherwise prohibited by law, all persons whose
duty it is to enforce the 'provisions of this Chapter are hereby
empowered to enter upon private propertY, where any dog or cat is
kept or reasonably believed to be kept, for the purpose of
ascertaining whether such dog or cat is kept in violation of any
provision of this chapter. Notwithstanding any provision in this
Chapter relating to entry upon private property for any purpose
eANGE:l~OS.1January Z$, 1995
10
under this chapter, no such entry may be conducted: (a) without
the express or implied consent of the property owner or the
person having lawful possession thereof, or (b) unless an
inspection warrant has been issued end the entry is conducted in
accordance with California Code of Civil Procedure, Sections
1822.50 through 1822,56, inclusive, or (c) except as may
otherwise be expressly or implied permitted by law.
Sect4 on 6.09.090. nocJ~"Runn4 nq At T~rge.
In the interest of public safetT, it shall be lawful
for any person to take up, in a humane manner, any d~g running at
large in violation of this Chapter end promptly to deliver such
do~ to the Chief ~4mA1 Control Officer.
Sect4 on 6.0~-. 3 00. vw~po,,r~4e~ -oqs ~n,~ r*ts.
A. An impounded dog or ~t ~y ~ redcued upon pa~t as
set p~su~t to City Co~cil Resolution adored Zollow~g a
p~lic h~r~g no~i~ as retired p~su~t to S~te ~v.
B. The fee for destruction end disposal of eny dog or cat
in accordance with any provision of this Chapter, shall be as set
pursuant to City Council Resolution adopted following a public
hearing noticed as required purecent to State Law,
C. ~ny dog, four (4) months of age or older, which has
been impounded shall not be released from impoundment unless it
is licensed in accordance with the provisions of this Chapter.
D. Any officer acting under the provisions of this Chapter
and impounding a licensed dog pursuant to Section 6,02.070 A, 1,
2 or 3 or a licensed cat, shall give written notice by first
class mail, postage prepaid, to the last known address of the
owner, of the impounding:of such dog or cat, If such dog or cat
is not redeemed within ten (10) days from the date of the mailing
of such notice, the officer having custody of the dog or cat
shall dispose of it in accordance with the provisions of Section
6.02.100 G, or shall destroy such dog or cat,
E, Upon impounding en' unlicensed dog pursuant to Section
6.02.070 A. or an unlicensed cat, the officer shall give notice
to the owner, if the owner and his whereabouts are known, of the
impounding of such dog or cat. If such dog or cat has not been
redeemed within five (5)-days of the giving of such notice, the
officer shall dispose of such dog or cat in accordence with the
provisions of Section 6.'02,100 G, or shall destroy such dog or
cat. For the purpose of this notice specified herein shall be
given in the manner determined by the officer as expedient under
the circumstances.
eal~ $.laanuary ~0 1995 11
F. The officer having custody of any impounded dog or cat
may, by humane methods, summarily destroy such dog or cat
1. The dog or cat is sufferjug from any incurable,
dangerous or contagious disease, providing a veterinarian shall
certify, in writing, that such dog or cat is so suffering~ or,
2. It is an unlicensed vicious dog or cat.
G. Any officer having his custody any unrede~med,
impounded dog or cat may release such dog or cat to any adu ti d
individual upon payment by the individual of the impound fees an
charges specified in Section 6.02.100 A, and the spey/neuter
deposit fee specified in Section 6.02.110 A or to a nonprofit
corporation formed under the provisions of the California
Corporations Code commencing with Section 10400 for the
prevention of cruelty to ~ animals or to a nonprofit organiza on
formed under the laws of the State of California for the
prevention of cruelty to animals, for such sale or placement as
such nonprofit corporation or nonprofit organization may choose.
Releases of dogs and cats to such nonprofit corporations or
nonprofit organizations pursuant to Section 6.02.110 G shall not
be subject to the payment of the impound fees and charges
specified in Section 6.02.100 A, but shall be subject to the
spay/neuter deposit specified in Section 6.02.110 A.
H. It shall be unlawful for any person to remove an
impounded animal from an animal control center without permission
of the officer in charge!thereof-
Sect~ on 6.09-. 110. Spa~/Ne-ter DeDOS~ tS ~or boas and Ca~-~.
No person shall be permitted to adopt or purchase any dog or
cat which has not bean spayod or neutered, from any public pound,
any animal shelter, society or organization, unless and until a
deposit has bean paid in the amount set by City Council
Resolution ·
Sect{ on 6.0~-. ~ 20.; ' V~ ca o-s Doas and Cats. ~nd Stray
" ~nd R~rk{ng Doas.
A. It shall be unlawful for the owner or person in charge
of any vicious dog or vicious cat to fail, neglect, or refuse to
keep posted in a conspicuous place at or near the antranca to the
premises on or.within which such dog or cat is kept, a sign
having letters at least ~wo (2) inches in width and two (2)
inches in height and reading ,aBeware of Vicious Doge or uBeware
of Vicious Catw, as may be appropriate- No vicious dog or
vicious cat shall be permitted to leave the premises of the owner
or person in charge thereof' unless such dog or cat is under the
immediate control and physical restraint of such owner or person
and in the case of a vicious dog, such dog shall be muzzled.
IAIIGE:l/~OS.1January' 2~, I~FJ5
12
B. If is shall be determined by ~he Chief Animal Control
Officer ~hat a dog or cat is a vicious dog or cat but is not
afflicted with rabies, the Chief ~nimal Control Officer shall
thereupon order the person who owns or has custody of such dog or
cat-that until further order of 'the Chief ~nimal Control Officer,
the owner or custodian of such dog or cat shall keep the dog or
cat securely fastened by chain, or securely confined within
private property, or shall keep the dog or cat in such manner as
the Chief ~nimal Control Of~ shall direct to prevent such dog
or cat from biting or having-the opportunity to bite any person.
Failure to comply with any order of the Chief ~nimal Control
Officer made pursuant to this subsection, on the pa~c of the
owner or person having custody of the dog or cat which is the
subject of such order, shall constitute a violation of this
Chapter.
C. It shall be unlawful-for the owner or person in charge
of any dog, whether licensed or unlicensed, to permit such dog to
run at large.
D. It shall be unlawful for any person to keep or allow to
be kept, or suffer or permit any dog to remain upon the premises
under the control of such person, when such dog habitually barks,
whines or makes loud or unusual noises in such a manner as to
disturb the peace end quiet of the neighbors surrounding or in
the vicinity of such premises, or whose barking or howling or
other sound or cry interferes with any person of ordinary
sensitivity in the reasonable comfortable enjoyment of life and
property.
E. It shall be uniawful for any person to set or maintain
an operating trap for a cat unless a sign is posted on the
property stating that such trap is in use on the property. The
sign shall be clearly visible from the road serving the property
on which the trap is set or maintained and shall remain posted
and visible at all times while the trap is in use. Trapping
shall not continue for more than ten (10) days in a thirty (30)
day period. This section shall not apply when the trap is being
used for rabies control as determined in writing by the Chief
Animal Control Officer.
Sect~ on 6.0~-. 130.
Rab~ es S~lDn~ess~ on. Control
! Ou~ rant ~ ne.
A. If it shall appear to the Chief ~q4-al control .Officer
that any animal has rabies, the Chief Animal Control Officer may
destroy such-animal forthwith, or may hold such animal for
further examination or observation for such time as the Chief
Animal Control Officer may determine to be appropriate.
B. Whenever any animal has been bitten by an animal which
has rabies, which exhibits any symptoms of rabies or which is
5.1.Jmr'y Z3, 1995 13
otherwise suspected of having or having been exposed to rabies,
the owner or person having custody of such bittan ~n~-~l shall
immediately notify the Chief Animal Control Officer, and shall
']~mediately confine the s.~--I and.maintain that 'confinement
until it is established to .the satisfaction of the Chief Animal
Control Officer that such animal does not have rabies. The Chief
Animal Control Officer shall have the power to quarantine any
such enimal, or impound it at the owner's expense if the owner or
person having custody of;suCh® &himal shall fail, refuse, or is
unable, in the opinion of the Chief Animal Control Officer, to
adequately confine such enimal immediately, or in the event the
owner or person having custody=- of such enimal is not readily
accessible.
C. Whenever it is shown ~hat any animal has bittan any
person, the owner or person having custody of such animal shall,
upon the order of the Chief=Animal Control Officer quarantine
such animal and keep it confined at the owner's expense for a
minimum period of tan (10) days for dogs and cats and fourteen
(14) days for all other animals, and shall 'allow the Chief Animal
Control Officer to make an inspection or 9ysm{nation of such
animal at any time during such period of quarantine. Animals
quarantined pursuant to this subsection shall not be removed from
the premises upon which such animal is quarantined without
permission of the Chief Animal Control Officer. The Chief Animal~
Control Officer is hereby authorized to impound any animal at the'
owner's expense in the event, the owner or person having custody
of such animal fails or refuses to so confine such animal.
Animals quarantined pursuant to' this subsection shall remain
under quarantine until notice is given by the Chief Animal
Control Officer that such quarantine is terminated.
D. The Chief Animal Control Officer may, in his
discretion, post or cause to be posted an appropriate sign on any
premises where an animal is quarantined pursuant to this Chapter,
for the purpose of waning the public of the fact of such
quarantine. It shall be unlawful for any person to remove a sign
on any premises where an animal is quarantined pursuant to this
Chapter, for the purpose!of _warning the public of the fact of
such quarantine. It shall be unlawful for any person to remove a
sign posted pursuant to this' subsection without the permission of
the Chief Animal Control Officer.
E. Whenever the Chief" Animal Control Officer shall
determine that-an epidemic of rabies exists or is threatened, the
Chief Animal Control Officer shall have the authority to take
such measures as may be ressonably necessary to prevent the
spread of the disease, including but not limited to the
declaration of quarantine against any or all animals in any ares
of the City of Temeonla as the Chief Animal Control Officer may
determine and define, for a period of not more than one hundred
and twenty (120) days. An additional or extended quarantine
eNiGE:l/,OS.1Januery ZS, 1995
14
period may also be declared if such additional or extended
quarantine period shall be deemed necessary by the Chief Animal
Control Officer for the protec~ion and preservation of the public
'health, peace and safety. Any quarantine declared pursuant to
this subsection, other than as restricted harein, shall be upon
such conditions as the Chief Animal Control Officer may determine
and declare.
F. No person shall br~n~'a dog into the City of Temecula
from any city located in the County of Riverside in which a
reported case of rabies exist or has existed within the past six
(6) months, nor shall any person bring a dog into the City of
Temecula from any county, city, state or country in which a
reported case of rabies exists or has existed within the
preceding six months.
G. In order to protect .the public health from the hazard
of rabies which has bean'found to exist in skunks, a quarantine
is hershy imposed to continue until released by the Chief Animal
Control Officer, whereby it is prohibited to trap or capture
skunks for pets~ to trap, capture, or hold skunks in captivity
for any reason~ to transport skunks from or into the City of
Temecula except pursuant to a permit issued by the California
Department of Health Services pursuant to Title 17, California
Administrative Code, Section 2606.8.
Sect~ on 6.09.. ~ 40. P3 xc~ment Rein,{ rement.
A. Any person or business entity or other organization
located in or doing business in the City of Tomecula, which,
1. advertiseA or offers in any manner, puppies or
dogs for:
sale, or
trade, or
barter, or
to be given away for free
information:
Must display in such advertisements the following
5.1January 23, 1995
ae
be
the license;n,mherand name of the licensing
agency o3 each of the mother animals any of
whose offspring are so offered (in the case
of puppies=under four months of age), and/or
the kennel'And or rescue permit n,,mher and
name of the permitting agency of the owner of
each'of the mother animals any of whose
offspring are so offered (in the case of
puppies under four months of age), and/or
15
c. the kennel permit and/or rescue number and
name of the pernitt~ng agency of the owner of
each of the d~s so offered (in the case of
animals: four months or more of age).
B. This Section shall not apply to public animals shelters
or non-profit humane societies which are ~n compliance with Food
and Agricultural Code Sections 30503 and 31751, nor shall it
apply to persons who relinq~iSli 'an~mals to such shelters or
societies ·
C. A violation of this Section shall be punishable as
follows:
1. For a first t~me violation, the owner shall be
subject to a $50.00 fine.
a. This: fine may be waived and the citation
dismissed if within 30 days after receiving the citation the
party has had the mother animal'spayed and has provided proof of
the spaying the County Animal Control.
2. For a second violation, the owner shall be subject
to a $100.00 fine.
a. $50.00 o3 the fine may be waived if within 30
days after receiving the citation the party has had the mother
animal spayed and has provided proof of the spaying to County
Animal Control. $50.00 of the fine may be waived if within 30
days after receiving the'citation the party has provided proof of
spaying'to County Animal ' Control.
3. For any subsequent violation, the owner shall be
subject to a $200.00 fine.
a. $50.00 of the fine may be waived if within 30
days after receiving the citation the party has had the mother
animal spayed and has provided proof of the spaying to County
Animal Control.
4. Violators are subject to citation and are to be
furnished with a list of low-cost or no-cost spay and neuter
resources.
5. It shall be up/awful for any person to make use of
a stolen, counterfeit or unauthorized license, tag, certificate
or any other document or thing for the purpose of evading the
provisions of this section.
6. Fifty percent of all fees collected pursuant to
this Section may be used for the general cost of Chief Animal
Control Officer. The remaining fifty percent of all such fees
e~:l~05.1Jm~ ~. 19~ 16
shall be. placed in a separate fund rob e used exclusively for
low-cost spay and neuter services and education related to the
benefits of spaying and neutering.
Section 6.02.q40.
Prohibit{on of Sales or the Giv{na
AwLY of nog'e ~nd rxts on Pub1 ~c
Property.
No person in the Ct~y"shall offer for sale or sell or
give away or transfer for adoption any cat, kitten, dog or puppy
on any public street, public-sidewalk or public park.
Section 6.02.~50. Rnfo~cAment.
A. The Chief Animal Control Officer shall supervise the
administration and enforcement of this Chapter and of the laws of
the State of California perta-ining to the control of dogs and
shall have charge of animal control center employees and
facilities.
B. The City Council may enter into a written agreement or
agreements with any veterinarian or any organized humane society
or association, which will undertake to carry out the provisions
of this Chapter and maintain and operate a pound, and which will
license, take up, impound end dispose of animals. Any such
veterinarian or society or association which shall enter into
such an agreement shall carry-out all of the provisions of this
Chapter in the manner herein prescribed.
C. It shall be unlawful for any person to interfere with,
oppose or resist any officer or person empowered to enforce the
provisions of this Chapter while such officer or person is
engaged in the performance ofhis duties as provided herein.
D. Nothing in this ordinance shall prevent the Chief
Animal Control Officer from acting, when he deems it appropriate
to do so, under the applicable provisions of California Penal
Code, Section 597, et. seo. .
Sect~ on 6.0~-. 160. V.~ o3 at~ on.
Any person violating any of the provisions of this
Chapter shall be guilty of an infraction and upon conviction
thereof shall be punished by (1) a fine not exceeding fifty
dollere ($50.00) for the first violationw (2) a fine not
exceeding one hundred dollars ($100.00) for the second violation
within one (1) year~ (3) a fine not exceeding two hundred and
fifty dollars ($250.00) for each additional violation within (1)
year. Each day a violation is committed or Permitted to continue
shall constitute a separate offense.
· all j.lJanuary Z3, lf~5 17
Sect~ on 6.02. ~ 80. Reco-~ent o~ Rn~grcement Cost~.
The intent of this Section is to authorize the
recoupment of administrative costs reasonably related to the
enforcement of this Chapter. In furtherance of this intent the
City shall be 'entitled to recover costs of enforcement, including
costs of staff time, by complying with the following procedure:
A. Recov~n of Cos~-'m~ .... Th~ Chief Animal Control Officer or
his designee shall mintsin 'records of all administrative costs
incurred in the processing of the violation or violations and the
enforcement of this Chapter end other applicable Chapters and may
recover such costs from the v'iolator and/or property owner or
property occupier as provided herein.
B. Not{ce. Upon investigation and determination ~hat a
violation of any of the :pr~visions of this Chapter or other
related City Ordinances is fou~ to exist, the Chief Animal
Control Officer or his designee shall notify the violator and/or
record owner of the property or any person having possession or
control of the subject property, by mail of the existence of the
violation, of his intent to charge the violator and/or property
owner and/or person having possession or control of the property
for all administrative costs associated with enforcement, and of
the respondent's right to a hearing on objections thereto. The
notice shall be in substantially the following form:
The Chief Animal Control Officer of the City of
Temecula has/have determined that conditions exist at
the property located at.
which violate Section (s).
of the Temecula .Municipal Code Section
to wit:
Notice is hereby given ~hat at the conclusion of this
case you will receive a m-~*~y of administrative costs
associated with the processing of such violations(s).
You will have the right to object to these charges by
filing a Request for Hearing with the Chief Animal
Control' Officer within ten (10) days of service of the
Summary of Charges.
mANGE:I/,4)5.1dmnumry ~3, 19g5 18
C. S-ramify of Char~es. At the conclusion of the case,
Chief Xn~mal Control Officer shall send a Summary of Chaz~es
associated with enforcement to the violator end/or owner of the
'property and/or person having possession or control of the
subject property by certified mail. The Starry shall ~nclude a
notice in substantially the following form:
/ , NOTICE
If you object to these 'Char~es, you must file a Request
for Hearing on the enclosed Form within ten (10) days
of the date of this notice.
IF YOU FAIL TO TIMELY REQUEST A BEARING, YOUR
RIGHT TO OBJECT WILL BE WAIVED AND YOU WILL
BE LIABLE TO THE CITY OF TEHECUI~ FOR THESE
CHARGES, TO BE RECOVERED IN A CML ACTION
IN THE NAME 3F THE CITY IN ANY COURT OF
COMPETENT JURISDICTION WITHIN THE COUNTY.
Dated:
Chief Animal Control Officer
City of Temecula
~5.1Januery Z3, 1995
19
D. R4abt to H~Ar4na. Any violator or property owner, or
other person having possession and control of the property, who
receives a Summary of Charges under this section shall have the
right to a hearing before the Chief Animal Control Officer or his
designee on his objection to the proposed costs in accordance
with the procedures set forth herein.-
E. Re--,eat ~or H~4~a; 'A request for hearing shall be
filed with the Chief Animal 'Control Officer within ten (10) days
of the service by mail of the Summary of Charges. Within thirty
(30) days of the filing of the request, and on tan (10) days
notice to the violator or owner, Chief Animal Control Officer or
his designee shall hold a hearing on the violator's and/or
owner#s objections and shall determine the validity thereof.
F. Recovery o~ Cos~-a. -..In the event that (a) no Request
for Hearing is timely filed or (b) after a hearing in which the
Chief Animal Control Officer or his designas affirms the validity
of the charges, the violator, the property owner or person in
control end possession of the proper~y shall ha liable to the
City in the amount stated in the Summary of Charges or any lesser
amount as determined by the Chief Animal Control Officer or his
designee. These Charges shall be recoverable in a civil action
in the name of the City, 'in any court of competent jurisdic~cion
within the County.
G. O~4ce~'m r~c4m4on. In determining the validity of the
Charges, the Chief Animal Control Officer or his designee shall
consider whether the total charges have bean fairly and
accurately calculated. Factors to be considered include whether
the time and personnel spent in enforcesant were reasonably
necessary to bring about compliance.
H. ADDe~. The decisions-of the Chief Animal Control
Officer or his designee may be appealed by filing a written
Notice of Appeal with the Chief. Animal Control Officer within
five (5) days after the decision. The appeal shall be heard by
the City Council which may affirm, amend or reverse the decision
and may take any other action deemed appropriate. The Chief
Animal Control Officer shall give written notice of the time and
place of the hearing. :
Section 6.0~-.190. l~',h3~c N, ds~nce.
A. The possession or maintenance of any dog or cat or the
allowing of any dog or cat to be in violation of this Chapter, in
addition to being a violation Of this Chapter, is hereby declared
to be a public nuisance. The Chief Animal Control Officer and
any City peace officer are hereby directed and empowered to
s,-~mArily abate any such public nuisance independently or any
criminal prosecution or the results thereof, by any means
3eANr.,E:144)5.1Jenuery Z$, 1~5 20 ~-
reasonably necessary to accomplish said abatement including but
not limited to the destruction of the dog or cat involved, or by'
the imposition of specific reasonable conditions and restrictions
for the maintenance of such dog or cat. Failure to comply with
such conditions and restrictions is a adsdemeanor. The owner of
such dog or cat shall reimburse the City of Temecula for all
costs incurred in enforcing compliance with the provisions of
this Section. The City of Temecula, by end through the Chief
~nimal Control Officer, may'also commence end maintain such
proceedings in a court of competent jurisdiction as are
appropriate under the laws end regulations of the State of
California for the abatement and redress of public nuisances.
B. At least ten (10)'working days prior to the impoundment
or abatement or both pursuant to Section 6.02,190 A, the owner or
custodien of the subject dog or cat shall be notified by the
Chief Animal Control OffiCer~--in writing, of the right to a
hearing to determine whether grounds exist for such impoundment
or abatement or, where applicable, beth. Said notice shall be
served by hand-delivery or by registered or certified mail,
postage prepaid, return receipt requested. If the owner or
custodien requests a hearing prior to impoundment or abatement,
no impoundment or abatement shall take place until the conclusion
of such hearing, except as provided in Section 6.02.190 C.
C. When, in the opinion of the Chief Animal Control
Officer, immediate impoundment is necessary for the preservation.
of animal or public health, safety or welfare, or if the subject
dog or cat has been impounded under any other provision of this
Chapter or eny law or regularton of the State of California, the
pre-impoundment hearing shall be deemed waived~ provided,
however, that the owner or custodian of the subject dog or cat
shall be given notice by the Chief Animal Control Officer, in
writing, which would allow five (5) working days to request an
abatement hearing. Service of such notice shall be in accordance
with the service methods specified in Section 6.02,190 B. Where
requested by such owner or custodian, a hearing shall be held
within five (5) days of the request therefor, end the subject dog
or cat shall not be disposed of prior to the conclusion of the
hearing. If, after five (5) working days from the date of
service of the notice specified in this Section 6.02.190 C, no
request for a hearing is received from the owner or custodien of
the subject dog or cat, such dog or cat shall be disposed of
pursuant to applicable provisions of law.
D. All hearings pursuant to this Section shall be
conducted by the Chief Animal Control Officer personally or by a
designated employee who shall not have been directly involved in
the subject action. Hearings shall be held not more then ten
(10) days from the date of receipt of the request for the hearing
end shall be conducted in en informal manner consistent with due
process of law. A hearing may be continued for a reasonable
35.1JsnuBry 23, 1995
21
period of time if the Chief Animal Control Officer de-me such
continuance to be necessary and proper or if the owner or
custodian shows good cause for such continuance. Within (10)
'days after the conclusion of the hearing, the Chief AnJaml
Control Officer shall render, in writing, his findings, decisions
and order thereon and shall give notice of said findings,
decision and order to the owner or custodian of the subject dog
or cat~ service of such notice shall be in accordance with the
service methods specified i~'~Se~tion 6.02.190 B.
Sect4on 3. Chapter 6.06 of the Temecula Code is revised in
its entirety to read as follows:
"Chante~ 6.06
A. Every owner, driver, or keeper of any animal who
permits the animal to be in any building, enclosure, lane,
street, square, or lot of the City, without proper care and
attention is guilty of a ,misdemeanor. The Chief Animal Control
Officer shall take possession of the stray or abandoned animal
and shall provide care and treatment for the animal until the
animal is deemed to be in suitable condition to be returned to
the owner. When the officer has reasonable grounds to believe
that very prompt action is required to protect the health or
safety of the animal and. others, the Officer shall immediately
seize the animal and comply. with Section 6.08.070. In all other
cases, the Officer shall .'comply with the provisions of-Section
6.08.080. The cost of caring for and treating any animal
properly seized under this subdivision shall constitute a lien on
the animal and the animal shall not be returned to its owner
until the charges are paid, if the seizure is upheld pursuant to
this Chapter.
6.06,030 ~Peatment of St~qy and Tn~-~ed ~q4maqe.
Every sick, disabled, injured, or crippled animal,
except a dog or cat,'which is abandoned in the City, may be
killed by the Chief Animal Control Officer if, after reasonable
search, no owner of the animal can be found. It shall be the
duty of the Chief Animal Control Officer to cause the animal to
be killed or rehabilitated and placed in a suitable home on
information that the animal is stray or abandoned. The Officer
may likewise take charge'of any. animal, including a dog or cat,
that by reason of lamenees, sickness, feebleness, or neglect, is
unfit for the labor it is performing, or that in any other manner
is being cruelly trmated~ and provide care and treatment for the
animal until it is deemed to be in a suitable condition to be
returned to the owner. When the Officer has reasonable grounds
ItANGE:lZ, OS.1aariary 23, 1995
22
to believe that very prompt ac~cion is required to protect the
health or safety of an animal or the health or safety of others,
the officer shall immediately seize the animal and comply with
Section 6.08.070. In all other cases, the Officer shall comply
with Section 6:08.080. The cost of caring for and treating any
animal properly seized under this Section shall constitute a lien
on the animal and the animal shall not be returned to its owner
until the charges are paid.
6.06.040 C~re 'of Tn~,red ~{mml e.
A. The Chief Animal Control Officer shall convey all
injured cats and dogs foun~t without their owners in a public
place directly to a veterinarian known by the officer to be a
veterinarian who ordinarily treats dogs and cats for a
determination of whether the ~al shall be immediately and
humanely destroyed or shall-be hospitalized under proper care and
given emergency treatment.
B. If the owner does not redeem the animal within the
fourteen (14) days, the veterinarian may personally perform
euthanasia on the animal. If the animal is treated and recovers
from its injuries, the veterinarian say keep the animal for
purposes of adoption, provided the Chief Animal Control Officer
has first been contacted and has refused to take possession of
the animal.
i
C. Whenever any animal is ~ransferred to a
veterinarian in a clinic, such as an emergency clinic, which is
not in continuous operation, the veterinarian may, in turn,
transfer the animal to an appropriate facility.
D. If the veterinarian determines that the animal
shall be hospitalized under the proper care and given emergency
treatment, the costs of any services which are provided pending
the owner's inquiry to the Chief Animal Control Officer or local
humane society shall be paidi from the dog license fees, fines,
and fees for impounding dogs in the City, subject to the
provision that this cost be repaid by the animal's owner. The
cost of caring for and treating any animal seized under this
Section shall constitute a lien on the animal and the animal
shall not be returned to the owner until the charges are paid.
No veterinarian shall be criminally or civilly liable for any
decision which he or she makes or for services which he or she
provides pursuant to this SAction.
6.06.050. Record= o~ H~ndl~ng o~ St~aV ~nd TnJ,,rea
An .4 ma ~ s.
When Chief Animal Control Officer takes possession of
an animal pursuant to Section 6.08.040, he shall keep records of
the whereabouts of the animal for 72-hourperied from the time of
1995 23
possession, and those records shall be available for inspection
by the public upon request in the field in any case where the
animal is too severely injured to move or where a veterinarian is
not available and it would be more humane to dispose of the
animal.
6.06.060. Humane nes4~v.-ct4on of Reve're'ly Tn'~--'red
An4 ran3 s,
Notwithstanding any-other provisions of this Chapter
the Chief Animal Control Officer may humanely destroy any stray
or abandoned animal in the field in any case where the animal is
too severely injured to move' or where a veterinarian is not
available and it would be move humane to dispose of the animal.
6.06.070. pos~-ee~ '~--~e N~4 nas.
A. Whenever '~e'~ief Animal control Officer seizes
or impounds an animal based on a reasonable belief that prompt
action is required to protect the health and safety of the animal
or the health or safety of others, the Officer shall, prior to
the commencement of any criminal proceedings authorized by this
Chapter, provide the owner or keeper of the animal, if known or
ascertainable after reasonable investigation, with the
opportunity for a postseizure hearing to determine the validity
of the seizure or impoundment or both.
B. The Chief Animal Control Officer shall cause a
notice to be affixed to a conspicuous place where the animal was
situated or personally deliver a notice of the seizure or
impoundment, or both, to the owner or keeper within 48 hours,
excluding weekends and holidays. The notice shall include all of
the following: .:
The name~ business address and telephone
number of the Chief Animal Control Officer·
eAXGE:lZ, OS.1January 23, 19~5
o
A description of the animal seized, including
any identification upon the animal.
The authority and purpose for the seizure, or
impoundment, including the time, place and
circumstances under which the animal was
seized.
A statement that, in order to receive a
postseizure hearing, the owner or person
authorized to keep the animal, or his or her
agent, shall request the hearing by signing
and returning an enclosed declaration of
ownership or right to keep the animal to the
Chief Animal Control Officer within 10 days,
24
including weekends and holidays, of the date
of the notice. The declaration may be
returned by personal delivery or mail.
A statement that the cost of caring for and
~reating any animal properly seized under
this Chapter is a lien on the animal and that
the animal shall not be returned to the owner
until'th~"charges ere paid, and that failure
to request or to attend a scheduled hearing
shall result in liability for this cost.
C. The postseizure heering shall be conducted within
48 hours of the request excluding weekends and.holidays. The
City Manager shall conduct the hearing.
D. Failure of-the-owner or keeper, or of his or her
agent, to request or to attend a scheduled hearing shall result
in a forfeiture of any right to a postseizure hearing or right to
challenge his or her liability for cost incurred.
E. The City shall be responsible for the costs
incurred for caring end treating the animal, if it is determined
in the postseizure he.ring that the Chief Animal Control Officer
did not have reasonable grounds to believe very prompt action,
including seizure of the animal, was required to protect the
health or safety of the animal or the health or safety of others~
If it is determined the seizure and care of the animal, the
charges for the seizure was JUstified, the owner or keeper shall
be personally liable to the City and care of the animal shall be
a lien on the animal, end the animal shall not be returned to its
owner until the charges ere paid and the City Manager has
determined that the animal is physically fit or the owner
demonstrates to the City Manager satisfaction that the owner can
and will provide the necessary cere.
6.06. 080, Pwese4 ~--~e Hea~4 nas,
A. Where the.need for immediate seizure is not
present and prior to the commencement of any criminal proceedings
authorized by this Chapter, the Chief Animal Control Officer
shall provide the ~wner or keeper of the animal, if known or
ascertainable after reasonable investigation, with the
opportunity for a hearing prior to any seizure or impoundment of
the.animal. The owner shall preducatheanimal at the time of
the he.ring unless, prior to the beering, the owner has made
arrangements' with the Chief Animal Control Officer to view the
animal upon request of the Chief Animal Control Officer, or
unless the owner can provide verification that the animal was
humanely destroyed. Any person who willfully fails to produce
the animal or provide the verification is guilty of an
RAN. ,5.1January 23, 1995 25
infraction, punishable by a fine of not less that two hundred
fifty dollars ($250) nor more then one thousand dollars ($1,000).
B. The Chief Animal Control Officer shall cause a
notice to be aZftxed to a conspicuous place where the enimal was
situated or personally deliver a notice stating the grounds for
believing the animal should be seized under Sections 6.08,020 or
6.08,030. The notice shall' include all of the following:
1. The name,': business address, and telephone
n,m~er of the Chief Xnimal Control Officer.
A description of the animal to be seized,
including' enY identification upon the animal.
3. The authority end purpose for the possible
seizure-- cr -impoundsent.
4. A statement that, in order to receive a
hearing prior to eny seizure, the owner or
person authorized to keep the animal, or his
or her agent, shall request the hearing by
signing end returning the enclosed
· declaration of ownership or' right to keep the
enimal t0 the officer providing the notice
within two days, excluding weekends and-
holidays,. of the data of the notice.
5. A statement' that the cost of caring for end
treating eny enimal properly seized under
this section is a lien on the animal, that
any enimal seized shall not be returned to
the owner until the charges are paid, end
that failure to request or to attend a
scheduled hearing shall result in a
conclusive determination that the enimal may
properly be seized and that the owner shall
be liable for the aharges.
-i
C. The preseizure'hearing shall be conducted within
48 hours, excluding weekends end holidays, after receipt of the
request. The City Manager shall conduct the hearing.
D. Failure of the owner or keeper, or his or her
agent, to request or to attend a scheduled hearing shall result
in a forfeiture of eny right 'to a preseizure hearing or right to
challenge his or her liability for cost incurred pursuant to this
section.
E. The City Manager, after the hearing, may affirm or
deny the owner's or kesper's right to custody of the enimal and,
eANGE:l~,OS.1denuary 13, 1995
if reasonable grounds are established, may order the seizure or
impoundment of the animal for care and treatment.
6.06.090. Comt of TmDo-nament; nest,,ct4on of TmDo-~ded
~4 m~ 1 ~.
A. If any animal is properly seized under this
Chapter, the owner or keeper shall be personally liable to the
City for the cost of the"iSeiZtir~ and care of the animal.
Furthermore., if the charges for' the seizure or impoundmant and
any other charges permitted under this Chapter are not paid
within 14 days of the seizure, or, if the .owner, within 14 days
of notice of availability of the animal to be returned, fails to
pay charges permitted under this Chapter and take possession of
the animal, the animal shall' be' deemed to have bean abandoned and
may be disposed of by the Chief AnJaml Control Officer.
B. A veterinarian may humanely destroy an impounded
animal without regard to the prescribed holding period when it
has been determined that the animal has incurred severe injuries
or is incurably crippled. A veterinarian also may immediately
humanely destroy an impoundmant animal afflicted with a serious
contagious disease unless the owner or his or her agent
immediately authorizes treatment of the animal by a veterinarian
at the expense of the owner or agent.
6,06.1~-0, ~4SDOS~.4On o~' Se4z-~ed
Upon the conviction of a person charged with a
violation of this Chapter, all animals lawfully seized and
impounded with respect to the violation shall be adjudged by the
court to be forfeited and shaI1 thereupon be transferred to the
Chief Animal Control Officer' for proper disposition. A person
convicted of a violation of this Chapter shall be personally
liable to the City for all CoSts of impoundment from the time of
seizure to the time of proper-disposition. This Chapter shall
not prohibit the seizure or impoundment of animals as evidence as
provided for under any other. provision of law."
Sect4on 4. Chapter 6,08 is added to the Temecula
Municipal Code to read as follows:
eChADte~ 6.08
Proh4h.~t~on o~ the l~nrx4nq ~t T--,'rge of
homestic Fowls o~ homeeric ~m~ls othew than
noas or e~ts and ,rov~a{nq for q~e~r
Tmpo-~d{ na.
Sect4 on 6.08,03 0. ~e~4 n4 t4 on~, Whenever in this
Chapter the words herein defined are used they shall have the
~5.1Jenuary 23, 1995 27
respective meanings assigned to them in the following
definitions:
A. eAnimalw means any domestic bovine animal, horse, mule,
burro, sheep, goat, swine or other domestic animal except a dog
or cat.
B. wFowlw means any ~hi~cen, duc3c, turkey goose or other
domestic fowl.
C. wChief Animal Control Officerw means the Chief Animal
Control Officer of the-City of Temeeula or his designated
representative ·
D. eat larges means off the premises of, and not under
physical restraint, by, the owner or other person having charge
of an animal. ' ...... 7'-"'
SectI on 6.08.09-0.
Jkq4mmla Or FOWI~ mt T~Cfe
PwOhl h 4 t~a.
No person owning or having charge of any animal or fowl
shall permit the same to be at large on any highway, street,
sidewalk, lane, alley or other public place, or upon any private·
property other than that of the person owning or having charge of
such animal or fowl unless such owner or person having charge of
such animal or fowl has the .cOnsent of the owner of the private
property ·
Sect1 on 6.08.030. ~.YemDtt on. This Chapter shall not
prohibit leading, driving, riding or conducting animals-under
adequate supervision along a public highway.
Sectton 6.08.040. ' T~ound~nu ~q{mals. Subject to the
provisions contained in Section 6.08.150, it shall be the duty of
~he Chief Animal Control Officer to take up and impound all
animals found at large upon any highway, street, sidewalk, lane,
alley or other public place, or upon any private property. The
Chief Animal Control Officer· may contract with any person to
keep, feed and care for any such animal at reasonable rates for
not more than 20 days.
Section 6.08.050. ntmDo~4t4on of ~qtmmqs. 9Rh4d o~
D~ sabl ed.
If it shall appear:'to the Chief Animal Control Officer
from the report of a Lieensed veterinarian or other qualified
person that an animal is afflicted with rabies, he shall humanely
destroy such animal, and shall take such other action as may be
required by law and as he deems necessary to prevent the spread
of such disease. He may humanely destroy any sick, disabled,
eANGE:1405.1Jenuery Z3, 1995
28
infirm or crippled rant ram1 found at large if he is unable to
identify end locate the owner.
Sect4on 6.08.060. n4~os4t~on nf ~ov4ne
Horses. M,,lem or
If the Chief Animal Control Officer j~pounds any bovine
unj~als, horse, mule, or burro, end if such enJ~al is not
reclaimed vith~n 5 days ~the~gl~ef, the Cktef ~njJnal Control
Officer shall notify the State Director of ~iculture in
accordence with the provisions :of Agricultural Code Section
17003. If the Director of A~riculture does not, within 5 days
after notice, elect to dispose 'of eny home, mule, or burro, then
the Chief ~nimal Control Officer shall sail such enimal in
accordance with this Chapter.
Sect.~on 6.08.0?0, -~- n.~po=tt~on o~ Other
If eny animal other than a domestic bovine animal,
horse, mule, or burro, and except en enimal afflicted with
rabies, impounded by the Chief ~nimal Control Officer, is not
reclaimed within 2 days thereafter, it shall be sold by the Chief
~nimal Control Officer after. giving notice of sale in accordance
with 6.08.080. , .
Section 6.08.080. Notice of ~e. The notice of sale
shall contain a description of the' animal, including any
identifying marks or brends; the date and place where the animal
was taken up; and the time and place of sale. At least 5 days
prior to the sale of any impounded animal, the Chief ~nimal
Control Officer shall cause a' copy of the notice to be published
in a newspaper circulated in the area where the enimal was found,
and shall mail a copy of the notice to the owner or person
entitled to possession of the animal at his residence or place of
~usiness, if known. .:.
Section 6.08.090. 'Sa~e o~ ~111m~n. At the time and
place set forth in the notice of sale, the Chief ~nimal Control
officer shall sell-the impounded enimal at public sale, to the
highest bidder, for cash~ If'no bid is offered for such animal,
the Chief Animal Control. Officer may sell such animal at private
sale or h,,m~nely destroyS. such animal, or otherwise dispose of it
as perinS tted by law.
sectton 6.08.~00. P~ocee~* o~ S~la. The proceeds
such sale, after first deducting fees and chax~es of the Chief
Animal Control Officer, including costs of sale, shall be paid by
the Chief Animal Control Officer, to the City, which shall than
pay over to the owner of such-animal sold if claimed within one
year thereafter. If not' so claimed, the monies shall
trensferred into the general fund of the City.
,5.1January 2:3, 1~;5
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sect4 on 6.08.13 0. Redsent4 on of ~4s81 sbv the Owne~.
The owner or parson entitled to possession of any
animal impounded, My at any tins before the sale or other
disposition thereof, redeem the same by paying the Chief ~nimal
Control Officer all fees and charges thereon.
~qect4on 6,08,~-0, Cost of Redmq~t4on. The Chief
Animal Control Officer shall' Charge and collect from eaCh parson
redeeming any impounded animal an impounding fee of $20.00, plus
the actual costs of transporting the animal to impound, the
actual costs of veterinary and-related .services.rendered to the
animal while impounded, the actual cost of sale incurred, and the
actual costs of any extraordinary measures required in or for the
handling and maintenance of the animal while impounded, and in
addition thereto# the maintenance fees as adopted by City Council
resolution following a public hearing noticed as required under
State Law.
Sect.4 on 6,08, '~ 30,
A-thor.4--st4on to ~rl:ev' --DOn P~.4vste
:Propercy.
Notwithstanding any provisions contained in this
Chapter relating to the entry upon private proparty for any
purposes hereunder, no such. entry may be conducted (a without the:
consent of the proper~y owner or the person having lawfttl
possession thereof, or (b) unless an inspection warrant has been
issued and the entry is conducted in accordance with Code of
Civil Procedures Section 1822.50 through 1822.56, inclusive, or
c) except as may otherwise be prescribed by law.
i -.
sect4 on 6.08.140. Tph-msne Treatment and ~hsndopment/
Tmpo-ndment.
A. No person shall treat an animal in a cruel or inhumane
manner or willingly or negligently cause or parmit any animal to
suffer unnecessary torture or pain. No person shall abandon any
animal without care on any public or private proparty.
B. Subject to the' prOvisions contained in Section 6.06,150
herein, any animal which is abandoned, or treated in a cruel or
inhumane manner, or willingly or negligently allowed to suffer
unnecessary torture or pain in violation of Section 6.06.140 A
herein, may be impounded or disposed of in a humane manner. The
City Council may adopt by Resolution policies and standards for
the disposition of animals seized, impounded and forfeited
pursuant to this Chapter:
Sect~ on 6.08. m 50. "Tmpo,,~ament Hear4 na.
At least three (3) working days prior to the
impoundment of any animal, notice shall be given in person to, or
RANGE:lZ~OS.I,Ienuery 23, 1995
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by mail to the last known address of, the owner or person
entitIed to possession thereof of his or her right to a hearing
as to whether or not such impoundment is justified. If the owner
or person entitled to possession thereof requests a hearing prior
to impeundment, no impeundment shall take place until the
conclusion of the hearing except as provided herein. If in the
opinion of the Chief Animal Control Officer, immediate
impoundment is necessary for the preservation of the public
health or safety, the pre'-'i~pSt~dment hearing may be dispensed
with; provided, however,. in such cases the owner or person
entitled to possession thereof shall be given three (3) working
days notice as provided herein .of his or her right to a hearing.
If a hearing is requested, the hearing shall be held. within five
(5) days of the request, and the animal shall not be sold,
destroyed or otherwise disposed of prior to the conclusion of the
hearing. Notice of the time, date and place of the hearing shall
be given to the owner or-.persen.-entitled to possession thereof.
If at the end of the hearing,' the impoundment is found to be
unjustified, the animal shall be returned to the owner or person
entitled to possession thereof without charge.
Section 6.08.160. Penal t~ es.
A. Any individual' violating any provision of this
Chapter shall he deemed ~uilty of an infraction or misdemeanor
hereinafter specified. Such: individual shall be deemed guilty of
a separate offense for each and every day or pertion thereof
during which any violation of any of the provisions of this
Chapter is committed, continued, or permitted.
B. Any individual' convicted of a violation of this
Chapter shall be (1) guilty of an infraction offense and punished
by a fine not exceeding one hundred dollars ($100.00) for a first
violation~ (2) guilty of. an infraction offense and punished by a
fine not exceeding two hundred dollars ($200.00) for a second
violation perpetrated by the same individual. The third and any
additional violations perpetrated by the same individual shall
constitute a misdemeanor~ offense end shall be punishable by a
fine not exceeding one thousand dollars ($1,000.00) or six
months in jail, or both .. Notwithstanding the above, a first
offense may be charged and prosecuted as a misdemeanor. Payment
of any penalty herein shall not relieve an individual from the
responsibility for correcting the violation.
05.1January Z~, 1~F~5
31
FASS~D~ aPYaOV~D ~ alIOPT~D this day of , 1995
, Mayor
ATTEST:
June S. Greek, City Clerk
[SEAL] ....... ;,~ ....
STATE OF C3tkLIFOP. NLIL)
COUNTY OF P. ZVBP. BZDB)
CITY OF TEMECUIa)
I, June S. Greek, City Clerk of the City of Temecula, do
hereby certify that the foregoing Ordinance No. was duly
introduced and placed upon its first reading at a regular meeting
of the City Council on the day of , 1995, and
that thereafter, said Ordinance was duly adopted and passed at a
regular meeting of the City Council on the day of
199_, by the following vote, to wit:
AYES:
NOES:
COUNCILMEMBERS:
i'
COUNCILMEMBERS:
June S. Greek, City Clerk
V. NGE:l~05.1Jenuery Z~, 1995
32
ATTACHMENT
HEAl
AGREEMENT FOR SERVICES
RELATIVE TO REGULATION AND CONTROL OF
DOGS, CATS, AND OTHER DOMESTIC ANIMALS
THIS AGREEMENT is entered into between the COUNTY OF
RIVERSIDE, Health Services Agency, through its Department of
Health, herein called "COUNTY", and the CITY OF TEMECULA, herein
called "CITY", pursuant to the provisions of Section 51301 of the
Government Code.
Recitals
WHEREAS CITY is desirous that COUNTY provide certain services
relative to the regulation and control of dogs and other domestic
animals and COUNTY is desirous of providing such services, and
WHEREAS COUNTY and Lake Elsinore Animal Friends, located at
29001 Bastron Avenue, Lake Elginore, California, hereinafter
referred to as "SHELTER", entered into an agreement on December 3,
1991 whereby SHELTER is obligated thereunder to perform certain
services for COUNTY relating to dogs and other domestic animals
delivered to SHELTER by COUNTY; and all service provided under said
agreement shall be pursuant to County Ordinance No. 630, as
amended, County Ordinance No. 534, as amended, and County Ordinance
No. 716, or such other County ordinances or resolutions which may
hereafter replace or supersede said ordinances, and any applicable
State law relating to such impoundment, care and disposal, and
NOW, THEREFORE, the parties hereto do mutually agree as
follows:
1. Cit~ Ordinances. CITY has adopted its Ordinance No. 90-04
prescribing procedures and standards for the licensing, impounding,
regulation and control of dogs and other domestic animals
substantialIT identical to those set forth in County Ordinance No.
630, as amended, and County Ordinance No. 634, as amended, and
shall maintain the same in force so lon2 as this Agreement shall
remain in force. Two (2) certified copies of such ordinance, and
of any ordinance amending or repealing the same, shall forthwith
upon adoption be furnished to COUNTY; one of said copies to be
furnished to the Director, Health Services Agency, and the other to
the Clerk of the Board of Supervisors.
2. Term. The term of this Agreement shall commence upon
execution and shall terminate June 30, 1992, except that either
party to this Agreement may terminate its obligation hereunder upon
60 days' written notice to the other. Further, this Agreement
shall be automatically renewed on a year-to-year basis on the
annual termination date thereof, subject to cancellation by either
party upon 60 days' written notice to the other.
APR 14 1t/~ ~.~,,~
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3. Impound. Care. and Disposal of Does and Other Domestic
Animals by SH~!.T~R. COUNTY shall cause SHELTER to impound, care
for and dispose of all dogs and other domestic animals, owned, keT~
or harbored within, straying or running at large in or into t,
incorporated area of CIT~', which are delivered by COUNTY to SHELTER
at SHELTER'S facilities located at 29001 Bastron Avenue, Lake
Elsinore, California. In that connection, SHELTER:
(a) May humanely destroy any dog or other domestic ·
animal and dispose of the remains at the
request of the owner upon payment by the owner
of the fees for such destruction and disposal
as set forth in Section 9(b) of County
Ordinance No. 630 as amended, and County
Ordinance No. 534 as amended- SHELTER shall
issue receipts .for all such fees and charges
collected and-shall keep copies thereof. All
destruction and disposal fees so collected.
shall be retained by SHELTER.
{b) Shall collect, from animal owners and others, for
dogs and other domestic animals redeemed, the
impound fees and charges as set forth in Section
9{a) of County Ordinance No. 630, as amended, and
Section 12 of County Ordinance No. 534, as amended-
SHELTER shall issue receipts for all such fees and
charges collected and shall keep copies thereof.
All such fees and charges so collected shall be
retained by SHELTER.
(c) Shall, prior to the release of any unredeem
impounded dog or cat to any adult individual,
collect spay/neuter deposits in accordance with
Section 10 of County Ordinance No.630, as amended,
and issue receipts therefore. All such fees and
charges so collected shall be retained by SHELTER.
4. Collection of Impound Fees and Charges for Release of
Unredeemed ~m~ounded Dogs and Cats. COUNTY shall relinquish to
SHELTER any unredeemed impounded dog or cat for sale or disposal by
SHELTER in accordance with California Food and Agriculture Code
Sections 30503 and 31751 requiring the collection of a spay/neuter
deposit prior to the release of any dog or cat, and in accordance
with Section 9(2) of County Ordinance No. 630, as amended. SHELTER
shall issue receipts for all such fees and charges collected and
shall keep copies thereof. All such fees and charges so collected
shall be .retained by SHELTER.
5. Services b~ Count~/Com~ena~t~on. COUNTY shall perform
services for CITY relating to the control of dogs and other
domestic animals as prescribed by the provisions of County
Ordinance No. 630, as amended, and County Ordinance No. 534, as
amended, on the basis of 40 hours per week during the term of this
Agreement. CITY shall compensate COUNTY for such services at the
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following hourly rates plus mileage at $.42 per mile:
Regular time - 8:00 a.m. to 5:00 p.m. weekdays
with exception of holidays.
Overtime - In excess of 8 hours per day or at
ant time cn Saturdays, Sundays, or
holidays.
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S39.00
All services performed on an overtime basis must be authorized:by
the City Manager or his desiSnated representative or any peace
officer as that term is defined in Section 830 of the Penal Code.
In addition, CITY shall compensate COUNTY at the followinS
rates for every live dog or other domestic animal COUNTY delivers
to SHELTER as provided in ParaSraph 3 heroin:
(a) $17.00 per live weaned animal delivered to SHELTER.
(b) Additional fees for animals housed in excess of ten
{10) da~s; i.e., evidentiary animals:
(1) DoSs/cats - $2.00 per day.
{2) Birds/fowl - 21.00 per day.
Farm-tFpe animals - 23.50 per day.
(c) $25.00 per month to offset a portion of the-rental
expense paid by SHELTER for euthanasia freezers.
COUNTY shall submit a billinS to CITY, on a monthly basis, for
costs incurred and revenue received by CITY durinS the immediatel~
preceding month. Said billing shall include the hours of such
services provided, the nature of such services and the mileaSs
incurred, shelter services received, and the ClTY'S share of fees
collected for dos licenses credited towards the services furnished.
CITY shall pay COUNTY upon such billing and accounting. The
maximum amount payable by CITY to COUNTy under this ASreement shall
not exceed 280,000.00. Should the amount of 280,000.00 not be
sufficient to cover the expenses of Fiscal Year 1991-92, CITY shall
notify COUNTY at least sixty (60) days in advance. Upon such
notification by CITY, COUNTY shall discontinue services unless CITY
provides written assurance that funds are available to defra~
further expenses incurred by COUNTY.
6. x.icenses for Do~s. Kennels and Carterims. COUNTY shall
issue do2 licenses, licenses to operate do2 kennels and carterims
within CITY, and collect fees in connection therewith for doSs ·
within CITY. COUNTY shall provide its own forms and tams for such
licenses. All fees for licenses to operate dos kennels and
carterims shall be.retained by COUNTY. All fees collected for dos
licenses shall be accounted for by COUNTY and credited to CITY on
a monthly basis in conjunction with the billinS procedure set forth
immediately above; provided, however, that COUNTY shall retain the
sum of 25.85 for each dos license issued hereunder.
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7. Count~/Citv Personnel. The services provided by COUNTY
shall be performed by County personnel under the control and
direction of COUNTY. CITY shall have the right to inspect COUNTY'~
records pertaining to the services rendered pursuant to th~
Agreement. To the extent that CITY officers or employees may
voluntarily participate in any of the activities heroin provided
for, or that peace officers of CITY shall be called upon to render
aid or assistance within the boundaries of CITY or otherwise to
perform law enforcement functions, the expenses thereof shall~be
borne by CITY.
8. Veterinarian Fees. Notwithstanding any provisions heroin
contained, CITY shall be responsible for the pa3naent of
veterinarian fees incurred as a result of the enforcement .of
California Penal Code Section 597 et seq.
9. An~ Care ~,,cat~on mn~ Information Proxram. COUNTY
will provide lectures and presentations relative to animal care
education and information to schools and community groups upon
reasonable prior notice from CITY, and scheduling availability of
COUNTY Animal Control personnel.
Pamphlets and/or flyors relative to animal care and animal
education will be provided by COUNTy at no additional cost to CITY.
10. SDay/Neuter and Rabies Vaccination Program. COUNTY will
maintain a mandated low-cost spay/neuter program through the
services of various licensed veterinarians or in a COUNTY-operat~'~
low-cost spay and neuter clinic.
Door-to-door canvassing to verify rabies vaccination and
applicable licensing will be performed in conjunction with other
field services provided by COUNTY Animal Control personnel.
Annual low-cost rabies vaccination clinics will be held in
CITY by COUNTY. CITY of Temecula dog licenses will be sold at
these clinics.
11. Hold Harmless. CITY shall indemnify and hold COUNTY, its
officers, agents, employees and independent contractors free and
harmless from any claim or liability whatsoever, based or asserted
upon any act or omission of CITY, its officers, agents, employees,
subcontractors and independent contractors, for property damage,
bodily injury or death or any other element of damage of any'kind
or nature, occurring in the performance of this Agreement between
the parties hereto to the extent that such liability is imposed on
the COUNTY by the provisions of Section 895.2 of the Government
Code of the State of California, and CITY shall defend at its
expense, including attorney fees, COUNTY, its officers, agents,
employees and independent contractors in any legal action or claim
of any kind based upon such alleged acts or omissions.
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COUNTY shall indemnifF and hold CITY, its officers, agents,
employees and independent contractors free and harmless from an~
claim or liabilit~ whatsoever, based or asserted upon an~ act or
omission of COUNTT, its officers, agents, employees, subcontractors
and independent contractors, for property damage, bodily injur~ or
death or any other element of damage of an~ kind or nature,
occurring in the performance of this Agreement between the parties
hereto to the extent that such liability is imposed on the CITY .bT
the provisions of Section 895.2 of the Government Code of the State
of California, and COUNTY shall defend at its expense, including
attorne~ fees, CITY, its officers, agents, employees and
independent contractors in ant leSal action or claim of an~ kind
based upon such alleged acts or.omissions.
12. Venue. Any action at lsw or in equity brought by either
of the parties hereto for the purpose of enforcing a right or
rights provided for bT the Agreement shall be tried in a court of
competent jurisdiction in th~ COUNTY of Riverside, State of
California, and the parties herebT waive all proyisions of law
providing for'a change of venue in such proceedings to an~ other
countT.
13. Attorneys' Fee. In the event of ant litigation or
arbitration between CONTRACTOR and COUNTY to enforce ant of the
provisions of this Agreement or ant right of either partT hereto,
the unsuccessful party to such litigation or arbitration agrees to
pa~ reasonable attorneys' fees, incurred therein b~ the successful
partT; all of which shall be included in and as a part of the
judgment rendered in such litigation or arbitration.
14. Paragraph Headings. The paragraph headings heroin are for
the convenience of the parties only, and shall not be deemed to
Movern, limit, modif~ or in any manner affect the scope, meaning or
intent of the provisions or language of this Agreement.
15. Count~'s Representative. COUNTY herebT appoints the
Director of ~ealth Services Agenc~ for the County of Riverside as
its authorized representative to administer this Agreement.
16. Rnt~re A~reement. This Agreement is intended b~ the
parties hereto as a final expression of their understanding-with
respect to the subject matter hereof and as a complete and
exclusive statement of the provisions thereof and supersedes ant
and all prior and contemporaneous agreements and understandings,
oral or written, in'connection therewith. This Agreement may be
changed or modified onlT upon the written consent of the parties
hereto..
17. NOTICES. All correspondence and notices required or
contemplated bT this.Agreement shall he delivered to the respective
parties at the addresses set forth below and are deemed submitted
one da~ after their deposit in the United States mail, postage
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prepaid:
COUNTY:
Board of Supervisors
Count~ of Riverside
4080 Lemon Street
Riverside; California 92501-3651
INFORMATIONAL COPY TO:
Count~ of Riverside
Department of Health
P. O. Box 7600
itivers~de, California 92513-7600
Attn:
Director, Health
Services Agenc~
CONTRACTOR:
Cit~ of Temecula
43174 Business Park Drive
10 Temecula, California 92590
11 ZN WITNESS WHEREOF, the parties hereto have caused their dul~
11 authorized representatives to execute this A2reement.
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(SEAL)
IIIII
IIII
III
!/
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COUNTY COUNSEL
FEB 0 3 1992
APPROVED AS TO FORH:
Scott F. Field, City Attorney
March 30, 1992
Three original copies hand delivered to County by Joe Hreha.
ITEM 16
TO:
FROM:
DATE:
SUBJECT:
APPROV'
CITY ATTORNE~
FINANCE OFFIC
CITY MANAGER
CIT~ OF TEMECULA
AGENDA REPORT
City Council/City Mana~r
Gary Thornhill, Director of Planning~'
March 14, 1995
Planning Application No. PA95-0012,Appeal of the Planning Director's Decision
to Deny Proposed Signage for the Yellow Basket Restaurant
Prepared By:
Craig D. Ruiz, Assistant Planner
RECOMMENDATION:
The Director of Planning recommends that the City Council adopt
a Resolution entitled:
RESOLUTION NO. 95-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AFFIRMING THE DECISION OF THE PLANNING
DIRECTOR TO DENY THE PROPOSED SIGNAGE FOR THE
YELLOW BASKET RESTAURANT
BACKGROUND
On October 8, 1992, the Temecula Planning Director approved Plot Plan No. 247. On
November 18, 1994, the Planning Director approved Planning Application No. PA94-0087, an
extension of time for Plot Plan No. 247. The approvals were for an approximately 4,000
square foot Yellow Basket restaurant in the Costco Center.
On the two occasions the project was approved, the applicant did not propose any signage.
Because of this, two conditions of approval for signage were placed upon the project. First,
the project was conditioned to be consistent with the approved elevations which showed sign
locations and sign dimensions (See AttaChment 4). Second, the project was conditioned to
submit a subsequent application for signage with the Planning Director.
When the sign application was submitted, it was staff's determination that the signs were
inconsistent with the approved elevations. This determination was due to the proposed sign
exceeding the dimensions shown on the approved elevations. The Director of Planning took
the item before the Planning Commission at their January 23, 1995 meeting to receive
direction relative to staff's preliminary determination. The Commission concurred with staff's
determination that the proposed signage was inconsistent with the approved elevations. Thus,
on February 15, 1995, the Planning Director denied the applicant's proposal.
R:\STAFFRPT\12PA95.CC 317195 re. 1
It is the applicant's contention that even though their proposal exceeds what was shown on
the approved elevations, the signs do meet the requirements of the City's sign ordinance (See
Exhibit A). The applicant has stated that meeting the sign ordinance, and not the approved
elevations, should be the only criteria for ~e~iewing their proposal. Further, the applicant has
stated that the sign dimensions shown on the elevations were only shown for reference
purposes.
CONCLUSION
It is staff's determination that the project is not consistent with the approved elevations for
the project. Therefore, staff recommends that the Council adopt the attached Resolution to
affirm the decision of the Planning Director to deny the proposal. This action will require the
applicant to submit new signage consistent with the approved elevations.
FISCAL IMPACT
None·
Attachments:
2.
3.
4.
5.
CC Resolution- page 3
Planning Commission Staff Report - page 6
Applicants Justification of Appeal.- page 7
Approved Elevations - page 8
Exhibits - page 9
a. Vicinity Map
b. Site Plan
R:\STAFFRPT\12PA95.CC 3/719S vg~ 2
ATTACHMENT NO. 1
CITY COUNCIL RESOLUTION
R:\STAFFRPT\12PA95.CC 3/7/95 vg. 3
AT~A~ NO. 1 ~
RESOLUTION NO. 9S_-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TIMECIBA DENYING PLANNING APPLICATION NO.
PA91-0012 FOR PROPOSED WAYJ- SIGNAGE FOR PLOT
PlAN NO. 247 LOCATED 40575 WINCHESTER ROAD AND
KNOWN AS ASSESSOR'S PARCEL NO. 9910-110-068
WHEREAS, Angelo Boussicos filed Planning Application No. PA95-0012 in accordance
with the City of Temecuia General Plan and Riverside County Land Use and Subdivision
Ordinances, which the City has adopted by rderence;
WHEREAS, Planning Application No;. PA95-0012 was processed in the time and manner
prescribed by State and local law;
WItEREAS, the Planning Director considered Hag Application No. PA95-0012 on
February 15 1995, at which time the Director denied said application;
WHEREAS, Angelo Boussicos ~ed an appeal of Planning Application No. PA95-0012
in accordance with the City of Temecula General Plan and Riverside County Land Use and
Subdivision Ordinances, which the City has adopted by reference;
WHEREAS, the City Council considered Planning Application No. 95-0012 on March
14, 1995, at which time interested persons had an opportunity to testify either in support or
opposition;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA
DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
The City Council finds, in denying the application that:
Section 1. That the above recitati0n~ are true and correct.
Section 2. Findines.
A. The City Council in denying Planning Application No. 94-0035, maks the
following findings, to wit:
1. The project is not consistent with the building elevations for underlying
approval for this project, Plot Plan No. 247. The proposed signage in excess of that which
was shown and appwved for Plot Plan No. 247.
Section 3. F. nvironmental Compliance. This project is a Statutory exemption per Article
18, Section 15270 of the California Environmental Quality Act Guidelines,' This Exemption
R:\STAFFRPT\12PA95.CC 317/95 vgv 4
states: 'CEQA does not apply to pwjects which a public agency rejects or disappwves.*
Section 4. PASSED, AlPROVED AND ADOFrED this 14th day of March 1995.
Jeffrey E. Stone, Mayor
ATTEST:
June S. Greek, City Clerk
[SEAL]
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMF_L"ULA)
I ItERERY 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 14th day of March,
1995 by the following vote of the Council:
AYES:
NOES:
ABSENT:
CITY COUNCILMEMBERS:
CITY COUNCILMEMBERS:
CITY COUNCILMEMBERS:
June S. Greek, City Clerk
R:\STAFFRPT\12PAg5.CC 3/7195 vg. 5
ATTACHMENT NO. 2
PLANNING COMMISSION STAFF REPORT
R:\$TAFFRPT\12PA95.CC 3/6/95 vg,
6
lVlEvIORANDUM
TO:
FROM:
DATE:
SURIECT:
Planning Commission
Gary Thornhill, Director of Planning
January 23, 1995
Provide direction to staff regarding the siz~ and design of the proposed signage
for Plot Plan No. 248, Yellow Basket Restaurant
Prepared By:
Cra.ig D. Ruiz, Assistant Planner
RECOlVI1VIENDATION:
Provide direction to staff regarding the size and design of the
proposed signage for Plot Plan No. 248, Yellow Basket Restaurant
BACKGROUND
When Plot Plan No. 248 was approved by the p]nnning Director in September of 1992, and the
subsequent extension of time in September of 1994, the applicant did not seek concurrent
approval for signage. However, the approved building elevations did delineate sign locations
and sign dimensions. Conditions of approval were placed upon the project which required that
the construction of the project be consistent with the approved elevations and a separate
application for signage would be approved by the Planning Director.
Recently, the applicant has provided the Planning Department with proposed signage that is, in
staff's opinion, inconsistent with the approved building elevations. The signage exceeds the
square footage area depicted on the approved elevations and would result in a change in certain
design elements to the building. In addition, staff has concerns relative to the logo design and
its viability from Winchester Road.
It is the applicant's position that while the elevations did delineate location and dimensions, he
should not be held to those requirements as long as the proposed signage meets the maximm
size limitations of the City sign ordinance. Therefore, the applicant feels that the signage, as
proposed, should be approved.
Staff will provide an oral report to the'' commission on this matter.
R:~I'AFFRPT~PP.PC 1119/95 car
ATTACHMENT NO. 3
APPLICANTS JUSTIFICATION OF APPEAL
R:\STAFFRPT\12PA95.CC 3/6/95 vg. 7
&
Thc s~gnagc zcqucstcd complics in cvcry aspect to the conditions of the cunutt sign code
and .;~ora criteria. V~c arc not requesting a vadm/ce.
It is our understanding that, in the past, signagc has always bccn rcvicwcd as a scparatc
item from the planning rcvicw of the building conslruction, Wc rccognizc the need for a
project or shopping ccntcr ~,s critcria and the nccd for approval of individual signage, but
always as a scparatc item from te construction plantring rcvicw.
Thc plara~ng Stallion dccision to tic thc building consmsciion rcvicw to the'
signagc review is contrary to past prcccdcn~ and places the sign contractor in a position
guessing what will bc allowed or denied.
In this particular casc, thc architcct has clcady statcd that thc pos~ons dcsignatcd for
siSmac on the construction submission wcrc simply that, the ~cai_~tcd positions, and not
an indicalion of size or arca, as that would bc indicated later on thc mandatory planning
If wc arc to assrant that the building construction rcvicw includcs the signage, thai it
would fonow that no subscqucnt signage planning review or building permit is required.
But this is not the case, subscqucnt rcvicw is rcquixcd for signage.
Wc rcspcclfully rcqucst that thc dcnial bc withdrawn and thc sismac approvcd.
27620 COMMERCE CENTER DR., ilO1 , TEMECULA, CA 92590
(909) 67b-5820 * FAX (909) 694-0760
LIC. # 271288
ATTACHMENT NO. 4
APPROVED ELEVATIONS
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CASE NO. - PLANNING APPLICATION NO. 95-0012
EXHIBIT- B
CITY COUNCIL DATE - MARCH 14, 1995
SITE PLAN
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CASE NO. - PLANNING APPLICATION NO. 95-0012
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ITEM
17
APPRO L
CITY ATI'ORNE~~
FINANCE OFFIC
CITY MANAGE
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
Gary Thornhill, Planning Director
March 14, 1995
Memorandum of Understanding Concerning Specific Plan #199,
Daele Development Corporation
VBR
RECOMMENDATION: That the City Council approve the Memorandum of Understanding
concerning Specific Plan No. 199 for Van Daele Development Corporation, authorizing the
payment of development fees at a specified level and directing the Mayor to execute the
Agreement on behalf of the City and the City Clerk to attest thereto.
BACKGROUND: The attached Memorandum of Understanding authorizes Van Daele
Development Corporation to pull building .pe. rmits and occupancy permits for homes in their
development, without payment of the Public Facilities Fees, until such time as the first
production home obtains its Certificate of Occupancy. This provision is consistent with
previous approvals granted to similar projects in the City such as Costain Homes. The City
is currently negotiating a new Development Agreement between the City and Van Daele for
this project. Approval of this Agreement will not mandate that the City Council approve
the draft Development Agreement. In the event the City Council denies the draft
Development Agreement, the Memorandum of Understanding provides that Van Daele
Development Corporation will then pay the Public Facilities Fees as provided in the existing
Development Agreement No. 5.
This Memorandum of Understanding will allow the development of homes in the
Van Daele project to move forward in an expeditious fashion. Van Daele is agreeing to pay
an Interim Public Facility Fee in the amount of $3,200.00 per unit. As construction of the
model homes have already begun, there should be relatively little delay in the City's receipt
of the Interim Public Facilities Fee.
R:~%'TAFFR!~VANDAI..E.MOU 316f95 m
The indemnity provisions of this Memorandum of Understanding are the same as
the Memorandum of Understanding between the City and Cosrain. The existing
Development Agreement (Riverside County Development Agreement No. 5) contains very
broad indemnity language sufficient to protect the City's interests. This Memorandum of
Understanding contains adequate language protecting the City against any challenges to
the fee issue.
The Planning Commission end City Council will be presented in the near future with
the draft Development Agreement. The terms of the draft Development Agreement will be
subject to extensive negotiations between the City and the developer.
FISCAL IMPACT: Slight delay in initial receipt of Interim Public Facilities Fees as they
are delayed until the first Certificate of Occupancy for the production units, but would be
paid in the event the City Council denies the draft Development Agreement within thirty
days of the City's demand.
ATTACHMENTS: Memorandum of Unde;'standing.
R:x, STAFFRI~VANDALIMOU 316195 m
MEMORANDUM OF UNDERSTANDING CONCERNING
PLANNING AREA No. 14 OF SPECIFIC PLAN No. 199
This Memorandum of Understanding, (the "Memorandum") is made and
entered into as of February 13, 1995 by and between the City of Temecula (the
"City") and Van Daele 79 Venture, Ltd., a California limited Partnership
("owne').
RECITALS
A. The City Council of the City of Temecula is reviewing and considering, as
provided by law, an Amendment and Restatement of Development Agreement
between City and Owner, (the "Draft Agreement").
B. Owner is developing a residential project in what is know as Planning Area
No. 14 of Specific Plan No. 199, Tract No. 22716, 22716-2, 22716-4 and 28122
(the "Project"). The Project is currently subject to Development Agreement No. 5
between the County of Riverside (the "County") and Kaiser Development
Company, a California corporation; Mesa Homes, a California corporation;
Margarita Village Development Company, a California joint venture comprised of
Buie-Rancho California, Ltd., a California limited partnership and Nevada Rancho
California, Ltd., a California limited partnership; and Tayco, a California general
partnership comprised of Taylor Woodrow Homes, Inc., a Delaware corporation,
and others (the"Development Agreement No. 5"), which requires Owner to pay
certain development fees (the "Development Fee").
C. Riverside County Ordinance No. 659, as adopted by the City, establishes
public facilities and services impact fees for residential development with City
CRSA Fees"). City requires these revenues to mitigate the impact of development.
City requires RSA Fees from development of the Project in order to complete
capital projects to mitigate the impact of the development.
D. As the result of meetings between representatives of the City and
representatives of the Owner, the City has agreed that the Project would be eligible
for a Development Fee reduction due to: (i) the excessive level at which the
County originally calculated the Development Fee; (ii) the high level of
assessment district tax existing on the Project; and Ctii) the entry level nature of the
homes to be built in the Project.
Memorandum of Understanding
Page 2 of 5
E. The Development Agreement No.5 provided for public facilities and
services impact fees C'County Impact Fees") higher than the RSA Fees. These
higher fees, particularly during the present recession, unduly discourage and delay
development and thereby prevent City from ever receiving the RSA Fees.
Consequently, the City desires to reduce the County Impact Fees for residential
development in the project to a level comparable to RSA Fees.
F. The Draft Agreement provides for Owner to pay.'the sum of Three
Thousand, Two Hundred Dollars ($3,200.00) for each residential unit as the
Interim Public Facilities Fee. The ~ Agreement provides for the collection of
any Interim Public Facilities Fee to be deferred until such time as Owner obtained
a certificate of occupancy for the first production home built in the Project.
G. Owner contemplates commencing construction of the homes for the Project
(81 units) prior to acceptance by the City Council of City of the Draft Agreement.
H. City desires, as an accommodation to Owner, to permit Owner to pay the
Interim Public Facilities Fee contemplated in the Draft Agreement for all the
homes in the Project, despite the fact that the DraR Agreement providing for
payment of the Interim Public Facilities Fee has not yet been approved by City.
NOW THEREFORE, in consideration of the mutual covenants hereinafter
contained, City and Owner agree as follows:
1. In lieu of any fee required by Development Agreement No. 5, RSA Fee or
City Public Facilities Fee, Owner shall pay an Interim Public Facilities Fee in the
amount of Three Thousand, Two Hundred Dollars ($3,200.00) per dwelling unit.
ff city fails to approve or adopt the Draft Agreement or if the Interim Public
Facilities Fee, as established by City, is some number other than Three Thousand,
Two Hundred ($3,200.00) per dwelling unit, then the fee paid by Owner to City
shall be adjusted accordingly. Owner shah pay any increase or City shall pay to
Owner any decrease within thirty (30) days from the effective date of City
Council's action on the Amendment and Restatement of Development Agreement.
Memorandum of Understanding
Page 3 of 5
2. The Interim Public Facilities Fee for all units shall be deferred until such
time as a certificate of occupancy has been obtained for the first production hie
built in the Project.-Thereafter, the Interim Public Facilities fee shall be paid at the
time of issuance of building permits for each residential unit constructed in the
Project.
Indemnity and Cost of Litigation.
3.1 County Litigation Concerning Agreement In the event the County
seeks to challenge the right of City and Owner to enter into this Memorandum, and
institutes an action, suit or proceeding to challenge this Memorandm or invalidate
and/or enjoin the enforcement of this Memorandum, City and Owner agree to
cooperate and participate in a joint defense in any action against the parties, their
officers, agents, and employees, from and against any and all such obligations,
liability, suit, claim, loss, judgment or lien, resulting from such action(s) brought
by County, (but excluding actions to expunge any lispendens) and to share the
costs associated with attorneys, fees and costs that the parties may incur as the
result of any such action or lawsuit to challenge City and/or Owner' s legal
authority to enter into this Memorandum. ff the County action is against all
impacted developments for which the City has lowered the county fees, the
Owner' s defense costs herein shall be its pro rata share among all impacted
landowners based on a ntio of contribution of total units owned by Owner which
are subject to this Memorandum compared to the total number of units within the
City in which the City has lowered the County Fees. If the County action is only
against Owner with respect to this Memorandum, and not against other impacted
landowners for which the City has lowered the County fees, then Owner's defense
costs shall be 100% of the attorneys fees and costs for defense of the litigation.
Damages ( including the difference in the amount of any Interim Public Facilities
Fee and the amount of the County Development Agreement Fee paid by Owner to
City pursuant to the terms of this Memorandum) shall be the responsibility of
Owner. To the extend Owner has paid Interim Public Facilities Fees and/or County
Development Agreement Fees to City of which it is adjudicated are lawfully the
funds of County, City shall pay such sums to County and Owner shall have such
liability for the payment of the difference between such fees reduced by the
amount paid by the City. City and Owner shall mutually agree on legal counsel to
be retained to defend any such action(s) brought by the County as herein provided.
Memorandum of Understanding
Page 4 of 5
City and Owner each reserve the fight to withdraw from the defense of the County
litigation in the event the County prevails at the trail level and there is an appeal. If
either party withdraws after the trial and there is an appeal, the remaining party
shall pay all the costs and fees associated with said appeal.
3.2 Public Facilities Fees ShortfalL In the event the County prevails in
any legal action or other proceeding to challenge, set aside, or enjoin the
enforcement of this Memorandum and a trial court determines the Owner and/or
the City is liable to make up any shotflail between the amount of the Interim
Public Facilities Fee or the City Public Facilities Fee, as the case may be, and the
County Development Agreement Fee which would otherwise have been imposed
pursuant to Development Agreement No.5, then Owner shall be responsible for
paying any such short~dl subject to City' s payment to County of any amounts
collected and held by City under the terms of Development Agreement No. 5.
Such payment by City to County shall reduce Owner' s liability to County for
payment of such fees by a like amount paid by City.
3.3 County Prevails in Litigation - Severability. In the event the
County prevails at the trial court level against the City or the Owner as described
in Section 3.1 of this Memorandmn, the amount of the Interim Public Facilities
Fee or the City Public Facilities Fee, as the case may be, shall revert to the amount
of the County Development Agreement Fee in effect at the time of entry Of the
final judgment in favor of the County (or such lesser amount as determined by the
Court). In the event this Memorandum is held to be invalid or unenforceable by a
trial court of competent jurisdiction, Owner shall thereafter pay the County
Development Agreement Fee as provided in Section 4.2 of Development
Agreement No. 5 ( or such lesser amount as determined by the Court). All other
provisions of this Memorandum or any subsequent agreements relating to the
Project shall remain valid and enforceable notwithstanding said rul~g of
invalidity.
3.4 Third Party Litigation Concerning Agreement. Owner shall
defend, at its expense, including attorneys' fees, indemnify, and hold harmless
City, its agents, officers and employees from any claim, action or proceeding
against City, its agents, Officers, or employees to attack, set aside, void, or annul
the approval of this Memorandum or the approval of any permit granted pursuant
to this Memorandum brought by a third party other than the County. City shall
Memorandum of Understanding
Page 5 of 5
promptly notify Owner of any such claim, action, or proceeding, and City shall
cooperate in the defense. ff City fails to promptly notify Owner of any such claim,
a~tion, or proceeding or if City fails to cooperate in the defense, Owner shall not
thereafter be responsible to defend, indemnify, or hold harmless City. City may in
its discretion participate in the defense of any such claim, action or proceeding.
3.5 Termination of Memorandum of Understanding. If the Draft
Agreement is approved by the City Council, this Memorandum shall terminate
upon the effective date of the Draft Agreement. If the Draft Agreement is
disapproved by the City Council, then the obligations of Owner under this
Memorandum shall terminate and Owner thereafter shall be subject to the terms of
Development Agreement No. 5.
IN WITNESS WItERE OF, the parties executed this Memorandum as of this
13th day of February, 1995.
ATTEST:
June S. Greek, City Clerk
By:
Jeff Stone, Mayor
PROPERTY OWNER
Van Daele 79 Venture, Ltd.
a California Limited Partnership
APPROVED AS TO FROM
Peter M. Thorson, City Attorney
,Its
TEMECULA COMMUNITY
SERVICES DISTRICT
ITEM
1
APPROV
CITY ATTORNEYR~'1~
FINANCE OFFICE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO: Board of Directors
FROM: Ronald E. Bradley, General Manager
DATE: March 14, 1995
SUBJECT: Community Services Recreation Brochure
PREPARED BY: Herman D. Parker, Recreation Superintendent
RECOMMENDATION: That the Board of Directors:
Accept proposal of 915,039 from Graphics Unlimited to print one ( 1 ) issue of the Community
Services Recreation Brochure.
DISCUSSION: A Request for Proposal (RFP) was released by the City to solicit
proposals for the development and professional production of the Community Services
Recreation Brochure. The Summer/Fall issue will be distributed city-wide on June 9, 1995.
The brochure will include 24 pages with a glossy, full color, seventy-weight outer cover and
glossy seventy-weight interior pages. Services provided will include design, camera ready art
work, typesetting layout, final printing and delivery to the U.S. Post Office for bulk direct mail
delivery.
The proposals, including sales tax, were submitted as follows:
1. Graphics Unlimited 915,039
2. Maurice Printers 915,403
3. Penny Saver Solo Direct 918,329
It is staff's recommendation to award production of the recreation brochure to Graphics
Unlimited as the lowest, qualified bidder.
FISCAL IMPACT: Cost to produce one (1) issue of the Recreation Brochure will not
exceed 915,039. Unencumbered funds exist in account #190-180-999-5222.
REDEVELOPME.NT
AGENCY
ITEM 1
MINUTES OF A THE TEMECULA CITY COUNCIL
MEETING JOINTLY WITH THE TEMECULA REDEVELOPMENT AGENCY
HELD FEBRUARY 21, 1995
A regular meeting of the Temecula City Council was called to order at 7:03 PM at the Main
Conference .Room, 3174 Business Park Drive, Temecula, California. Mayor Jeff Stone presiding.
PRESENT: 5
COUNCILMEMBERS:
Lindemans, Mur~oz, Parks, Roberts,
Stone
ABSENT: 0 COUNCILMEMBERS: None
Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City Clerk June
S. Greek.
PLEDGE OF ALLEGIANCE
The audience was led in the flag salute by Mayor Pro Tem Lindemans.
PUBLIC COMMENTS
None given.
CITY COUNCIL REPORTS
None given.
COUNCIL BUSINESS
1. Economic Develooment Work Program
Assistant City Manager Mary Jane McLarney presented the staff report, outlining the City's
economic development work program. She introduced Brian Collins, Executive Director of the
Inland Empire Economic Partnership IEEP, who discussed the Inland Empire marketing program.
Assistant City Manager McLarney addressed the Council regarding approval of an RFQ
(Request for Qualifications) for Marketing Services. She explained this would basically be
used to update the fact pack and target specific markets, coordinated with the Economic
Development Corporation. She introduced Dennis Frank of the Temecula Valley Economic
Development Corporation.
Dennis Frank outlined the program of the Temecula Valley Economic Development
Corporation, describing it as a public/private partnership. He explained efforts are being made
to coordinate economic development efforts with IEEP (Inland Empire Economic Partnership,)
the County EDC and the State of California. He explained that the task of the Temecula Valley
EDC is to market Temecula to potential industrial/commercial developers.
Councilmember Mur~oz discussed the possibility of the Temecula Valley Economic
Development Corporation sharing in profits gained by land owners or brokers in the form of
a percentage of the sale.
R:~eftda~0221 g6 I
Mayor Pro Tem Lindemans suggested the Temecula Valley Economic Development Corporation
obtain a brokers license. City Manager Bradley questioned the legality of a non-profit
organization holding · brokers license.
Mr. Brian Collins cautioned the Council regarding the role of EDC and IEEP, explaining the
value of these organizations is that they are neutral and are not competitive.
Mayor Stone suggested that a City Councilmember be assigned as a member of the Fast Track
Team for assisting businesses of over 25 people.
Mayor Pro Tem Stone suggested that a staff member be assigned to research available grants.
Assistant City Manager Mary Jane McLarney outlined loan programs and financial incentives,
distributing a draft matrix that would provide a scoring system for prospective companies.
Councilmember Mu~oz stated he does not approve of outright gifts or grants and voiced' his
objection to this being included as part of an on-going program. Mayor Pro Tem Lindemans
concurred.
Councilmember Parks stated he feels incentives need to be considered on an individual basis
but that the City should not give up financial incentives as a tool.
City Manager Bradley stated since there is an absence of Council policy, staff is looking for
direction on what type of incentives the Council is willing to entertain.
Mayor Stone suggested a Revenue Excess Sharing in Temecula (REST) program bt
implemented, where citizens receive a credit on their Community Services District fee.
Councilmember Mu~oz suggested that citizens receive a check instead of a credit on their tax
bill. He further stated he can support incentives if tied to this type of program.
It was moved by Councilmember Parks, seconded by Mayor Pro Tem Lindemans to adopt the
four guidelines contained in the staff report as the basis for establishing incentive guidelines,
and adding a fifth guideline which would address multipliers and consideration of REST
(Revenue Excess Sharing in Temecula). The motion was unanimously carried.
It was moved by Councilmember Parks, seconded by Mayor Pro Tem Lindemans to approve
staff recommendation 1.2 as follows:
1.2 Approve an RFQ (Request for Qualifications) for Marketing Services.
The motion was unanimously carried.
Mayor Stone suggested the study of a Temecula Educational Apprenticeship Model Program
(TEAM). He explained this program would work cooperatively with the Temecula Valley
School District to provide apprenticeship/job training for high school credit. He described this
as a graded effort for 11 th and 12th grade students. He asked for the support of Council to
allocate staff time to investigate this program.
R:%/4Oenda~0221116 2
City Manager Bradley stated this would take approximately 80 hours of staff time to develop.
It was moved by Councilmember Parks, seconded by Councilmember Roberrs to approve 80
hours to staff time to develop the guidelines for a TEAM (Temecula Educational Apprenticeship
Model) Program over a six to eight week period. The motion was unanimously carried.
CITY MANAGER'S REPORT
None given.
CITY ATTORNEY'S REPORT
None given.
ADJOURNMENT
It was moved by Councilmember Parks, seconded by Councilmember Roberts to adjourn at 9:23 PM
to a meeting on January 24, 1995, Community Recreation Center, 30875 Rancho Vista Road,
Temecula, California.
Jeffrey E. Stone, Mayor
ATTEST:
June S. Greek, City Clerk
R:~a~enda%022116
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in
this meeting, please contact the office of the City Clerk (909) 694-6444, Notification 48 hours prior
to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that
meeting [28 CFR 35.102.35.104 ADA Title II]
AGENDA
A SPECIAL JOINT MEETING OF THE CITY COUNCIL
AND THE TEMECULA VALLEY UNIFIED SCHOOL DISTRICT
GOVERNING BOARD OF DIRECTORS
MARGARITA MIDDLE SCHOOL
30600 MARGARITA ROAD
MARCH 21, 1995 - 4:30 PM
OPENING PROCEDURFS
1. Call to Order
2. Roll Call
President Barbara Tooker presiding
Lindemans, Muftoz, Parks, Roberts, Stone
JOINT CITY COUNCIL/GOVERNING BOARD OF EDUCATION BUSINESS
I School Facility Impact Mitiaation Program
RECOMMENDATION:
1,1 At this time there will be a joint discussion of the School Facility Impact Mitigation
Program.
ADJOURNMENT
Next meeting: March 28, 1995, Special Meeting at 6:30 PM; Regular Meeting at 7:00 PM,
Community Recreation Center, 30875 Rancho Vista Road, Temecula, California.
R:~a~eende%D32111; I
In compliance with The Americans with Disabilities Act, if you need special assistance to participate in '
this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior
to a meeting will enable the City to make reasonable arrangements to e~ure accessibility to that
meeting |28 CFR 35.102.35.104 ADA Trtle I1|
AGENDA
A SPECIAL JOINT MEETING OF THE CITY COUNCIL
AND THE TEMECULA VALLEY UNIFIED SCHOOL DISTRICT
GOVERNING BOARD OF DIRECTORS
MARGARITA MIDDLE SCHOOL
30600 MARGARITA ROAD
MARCH 21, 1995 - 4:30 PM
OPENING PROCPDURES
1. Call to Order
2. Roll Call
President Barbara Tooker presiding
Lindemans, Muf~oz, Parks, Robarts, Stone
JOINT CITY COUNCIL/GOVERNING BOARD OF EDUCATION BUSINESS
I School Facility Imoact Mitigation Program
RECOMMENDATION:
1.1 At this time there will be a joint discussion of the School Facility Impact Mitigation
Program.
ADJOURNMENT
Next meeting: March 28, 1995, Special Meeting at 6:30 PM; Regular Meeting at 7:00 PM,
Community Recreation Center, 30875 Rancho Vista Road, Temecula, California.
R:~ende%0321 ~6 I