HomeMy WebLinkAbout041195 CC Agendain compliance with the Americans with Disabilides Act, if you need ~ auistance to iNu'dcipate in
this melj~, please cofitact the office of the City Oek (909) 694 6444. Nodf'~Jtion 48 hours ixior
to a meeting will enable the City to make reasonable arrangements to ensure acceisibiLLy to that
meeting [28 CFR 35.1 02.36.104 ADA TitJe IfJ
ARFNDA
TEMECULA CITY COUNCIL
A REGULAR MEETING
COMMUNITY RECREATION CENTER
30875 RANCHO VISTA ROAD
APRIL 11, 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 msy
continue all other items on which additional time is required until · future meeting.
All meetings are scheduled to end at 10:00 PM.
Next in Order:
Ordinance: No. 95-08
Resolution: No. 95-33
CALL TO ORDER:
Mayor Jeffrey Stone presiding
invocation:
Dr. Stephen S. Struikmans, Rencho Community Church
Flag Salute:
Mayor Pro Tem Lindemans
ROLL CALL:
Lindemans, Muf~oz, Parks, Roberts, Stone
PRESENTATIONS/
PROCLAMATIONS
Health Fair Expo '95
Presentation of Award of Outstanding Financial Reporting
for 1993-94- Comprehensive Annual Financial Report (CAFR)
and Budget
Special Achievement Awards - Cub Scout Pack 337
Santa Margarita River and Creeks Celebration Day
Serena's Song Week in Temecula
PUBLIC COMMENTS
A total of 30 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.
R:Y~eendaN)4 11N I
When you ere 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.
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.
CONSENTCALENDAR
2
Standard Ordinance Adoorion 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 28, 1995.
2.2 Approve the minutes of March 14, 1995.
2.3 Approve the minutes of March 21, 1995.
3
4
Resolution AoDrovina 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 Retort
RECOMMENDATION:
4.1 Receive and file the City Treasurer's Report as of February 28, 1995.
R:%/eenda~411N
5
7
8
Award Rid to Construct a Protected t eft-Turn i ene on Ynez Road at Tierre Vista Rrmd
RECOMMENDATION:
5.1 Award a bid to construct a protected left-turn lane on Ynez Road at Tierra Vista
Road to Del Rio Contractors, the lowest responsible bidder, for the sum of
$12,170.00.
Release Traffic Sianal Mitigation Bond in Tract No. ~6861-F
RECOMMENDATION:
6.1 Authorize the release of Traffic Signal Mitigation' Bond in Tract No. 26861-F, and
Direct the City Clerk to so notify the Developer and Surety.
Acceotance of Public Streets into CiW-Maintained Street System (Within Parcel Maps No.
23561-1. 23561-7. and ~3624)
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 INTO THE CITY
MAINTAINED-STREET SYSTEM (WITHIN PARCEL MAPS NO. 23561-1,23561-2
AND 23624)
All-Way "Stoo" - Pala Road at Loma Linda Road
RECOMMENDATION:
8.1 Adopt a resolution entitled:
RESOLUTION NO. 95-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ESTABLISHING "STOP SIGNS'
R:~41endei)4111i 3
9
10
Soliciterich of Construction Rids for the Parkview Site Rough nrading and Imorovements.
PrQject No. PW93-09
RECOMMENDATION:
9.1 Approve the Project construction plans and specifications;
9.2 Authorize the Department of Public Works to solicit public construction bids for the
rough grading improvements for a portion of the Parkview Site, Project No. PW93-
09.
Reduction in Imorovement Bonds Amounts in Parcel MaD No. ~1383
RECOMMENDATION:
10. 1 Accept the street, drainage, water and sewer improvements in Parcel Map No.
21383;
10.2 Authorize the release of Faithful Performance and Labor and Material Bonds for
Street, Drainage, Water, and Sewer improvements, and the Subdivision Monument
Bond;
10.3 Direct the City Clerk to so advise the Developer and Surety.
SECOND READING OF ORDINANCES
11 Second Readinc of Ordinance No. 95-07
RECOMMENDATION:
11.1 Adopt an ordinance entitled:
ORDINANCE NO. 95-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING
CHAPTER 2.04 OF THE TEMECULA MUNICIPAL CODE RELATING TO THE TIME
AND PLACE OF CITY COUNCIL MEETINGS
R:Ve, eende~O411el 4
COUNCIl BU-~INF-~S
12 School Mitioation Resolution
RECOMMENDATION:
12.1 Adopt a resolution entitled:
RESOLUTION NO. 95-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING
THE SCHOOL FACILITY IMPACT MITIGATION PROGRAM
13
14
15
16
Proposal for Installation of Rashino Wamina Lights in the Vicinity of Temecula Schools
(Requested by Mayor Stone - Continued from the meeting of 3/28/95)
RECOMMENDATION:
13.1 Authorize the purchase and installation of solar-powered flashing caution signals at
the four Temecula School sites. Authorize transfer of $78,000 from Unreserved
General Fund Balance to Account No. 100-164-602-5610.
Overland Drive Overcrossing - Status Report
(Continued from the meeting of 3/28/95)
RECOMMENDATION:
14.1 Review the status report, discuss and provide direction to staff as appropriate.
Street Maintenance and/or Construction of Unpaved Streets
(Continued from the meeting of 3/28/95)
RECOMMENDATION:
15.1 Review the alternatives presented and provide direction to staff.
Communitv Services Fundina Proaram
(Continued from the meeting of 3/28/95)
RECOMMENDATION:
16.1 Consider the recommendations for the Community Services Funding Grants for FY
1994~95.
R:~4ede~0411 li
17
Traffic Control Winchester Road At Jefferson Aven-e And I-15 On/Off Ramos
(Requested by Mayor Stone - Continued from the meeting of 3128/95)
RECOMMENDATION:
17.1
Authorize the City Manager to enter an agreement to provide Traffic Control
Officers at Winchester Road at the intersections of Jefferson and I-15 easterly and
westerly on/off ramps, subject to review and approval by the City Attorney;
17.2
Transfer $11,880 from General Fund Unreserved Fund Balance and appropriate it in
Public Works Traffic Division Account No. 100-164-602-5250"Other Outside
Services."
18
19
J~eal Prooertv Transfer Tax
RECOMMENDATION:
18.1 Receive and file report.
.Reouest for City Council SuDoort of the Western Riverside Council of Governments
.[WRCOG) Position on the Reauthorization of the Federal Endangered Soecies Act
RECOMMENDATION:
19.1 Adopt a resolution entitled:
RESOLUTION NO. 95-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING
AMENDMENTS TO THE FEDERAL ENDANGERED SPECIES ACT
CITY MANAGER'S REPORT
CITY ATTORNEY'S REPORT
ADJOURNMENT
Next regular meeting: Al~ril 25, 1995, 7:00 PM,
Vista Road, Temecula, California.
Community Recreation Center, 30875 Rancho
P,:'~eelda~O4111S S
CALL TO ORDER: President Ronald H. Roberrs
ROLL CALL: DIRECTORS: Lindemans, Mufioz, Parks, Stone, Roberrs
PUBLIC COMMENT:
A total of 15 minutes is provided so members of the public can address the Board of
Directors on items that are not listed on the Agenda or 'on the Consent Calendar. Speakers
are limited to two (2) minutes each. If you desire to speak to the Board of Directors on an
item not listed on the Agenda or on the Consent Calendar, a pink "Request to Speak"
form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items a "Request to Speak" form must be filed with the City Clerk
before the Board of Directors gets to that item. There is a five (5) minute time limit for
individual speakers.
CONSENT CALENDAR
I Minutes
RECOMMENDATION:
1.1 Approve the minutes of February 28, 1995;
1.2 Approve the minutes of March 14, 1995.
2 Comoletion and Acceptance of the Loma Linda Park Phase II improvements - Project No.
PW94-02CSD
RECOMMENDATION:
2.1 File the Notice of Completion and release the Performance Bond.
2.2 Accept a one (1) year Maintenance Bond in the amount of 10% of the contract
value upon acceptance of the improvements.
2.3 Release the Materials and Labor Bond seven (7) months after acceptance of the
improvements in no liens have been filed to that date.
R:Vieende~0411t6 7
3 Comnletion and Acceotan(;e of the Soorts Park SIooe Reoair Imorovements - Proiect No.
PW93-06CSD
RECOMMENDATION: -
3.1 File the Notice of Completion and release the Performance Bond.
3.2 Accept a one (1) year Maintenance Bond in the amount of 10% of the contract
value upon the acceptance of the improvements.
3.3 Release the Materials and Labor Bond seven (7) months after acceptance of the
improvements if no liens have been filed to that date.
4 Comoletion and Acceotance of the Kent Hintergardt Memorial Park Imorovements - Project
No. PW94-01CSD
RECOMMENDATION:
4.1 File the Notice of Completion and release the Performance Bond.
4.2 Accept a one (1) year Maintenance Bond in the amount of 10% of the contract
value upon acceptance of the improvements.
4.3 Release the Materials and Labor Bond seven (7) months after acceptance of the
improvements if no liens have been filed to that date.
5 Senior Center Advisory Committee
RECOMMENDATION:
5.1 Authorize the Community Services Commission to appoint five (5) senior citizen
residents to serve on an ad-hoc Senior Citizen Advisory Committee.
6 Contract for Julv 4th, 1995 Fireworks Show
RECOMMENDATION:
6.1 Award of contract of $17,000 to Robert Caran Productions to produce the City of
Temacula's 1995 July 4th Fireworks Show.
GENERAL MANAGERS REPORT- Bradley
DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson
BOARD OF DIRECTORS REPORTS
ADJOURNMENT: Next meeting: April 25, 1995, 8:00 PM, Community Recreation Center, 30875
Rancho Vista Road, Temecula, California.
R:V, leede~041 'ill ·
CALL TO ORDER: Chairperson Ronald J. Parks presiding
ROLL CALL:
AGENCY MEMBERS: Lindemans, Mufioz, Roberrs, Stone, Parks
PUBLIC COMMENT:
A total of 15 minutes is provided so members of the public can address the Redevelopment
Agency on items that are not listed on the Agenda or on the Consent Calendar. Speakers
are limited to two (2) minutes each. If you desire to speak to the Redevelopment Agency
on an item not listed on the Agenda or on the Consent Calendar, a pink 'RequeSt to
Speak' form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items a 'Request to Speak' form must be filed with the City Clerk
before the Agency gets to that item. There is a five (5) minute time limit for individual
speakers.
CONSENT CALENDAR
I Minutes
RECOMMENDATION:
1.1
1.2
Approve the minutes of February 28, 1995.
Approve the minutes of March 14, 1995.
EXECUTIVE DIRECTOR'S REPORT
AGENCY MEMBER'S REPORTS
ADJOURNMENT: Next Meeting:
Temecula, California.
April 25, 1995, 8:00 PM, 30875 Rancho Vista Road,
R:V,,Oende~4111i ·
PROCLAMATIONS/
PRESENTATIONS
The City of Temecula
PROCLAMATION
WHEKEAS, the Inland Valley Regional Medical Center is cun'en~y conducting Health
Fair Expo '9~, providing free health education and screeaing aervi, ces for the purpose of
supporting personal respons/bility to maintain and sustain a healthy lifestyle, and;
WHEREAS, Health Fair Expo is takitlg a ~e stand toward prol~loting pl'eve/l~ve
health care and early detection, and;
w~atFAS, this gives each individual and family throughout southern C~difornia the
opportunity to receive optimal health screenings and education, and;
WHEREAS, the Amefic'~ Red Cro~, KNBC-~, Chevron U.S.A. Products Company,
the Healthcare Association of Southern California and Say-on Drugs are sponsoring this year's
event;
NOW, THEREFORE, I, J~ E. Stone, on behalf of the City Council of the City of
Temecula, hereby proclaim April 23,, 1995 to be,
"HEALTH FAIR EXPO '9S DAY*
1N WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City
of Temecula to be affixed this llth day of April, 1995.
Jeffrey ti. Stone, Mayor
une s. city Cl=k
The City of Temecula
PROCLAMATION
WHEREAS, April 2.2, 199~ is the 25th anniversary of the nationally designated "F, atth
Day' and the month of April has been named 'Keep California Beautiful' month; and
celebrate the protection of our riven and oreeks and have joined in co-sponsoring a Santa
Margarita River and ~ Celebration Day on April 23, 1995; and
W~, Santa Margazita River and Creeks Celebration Day will focus on educatin__g
the people in the Temec,fi- and Mvrrieta communities on the natural riches of the Santa
Margarita Watershed; and
WHE~tEAS, Santa Margafila River and Creeks Celebration Day will seek to ~ civic
responsibility with our ci"-e,,s in preserving the unique beauty of our environment and promote
the concept that economic prosperity and the health of he environment can and must coexist for
future generations; and
WH~:uEAS, the co-sponsors of Santa Margarita River and Creeks Celebration Day,
apphud and thank the many volunteers, local b~,~nesses, and other community groups who have
donated their time and talents towards the success of this event and its m!~_~ion;
NOW, THEREFORE, I, Jeffrey E. Stone, on behaff of the City Council of the City of
Temecula, hereby proclaitn April 23, 1995 to he
*SANTA MARGARITA RIVER AND CI~EEKg C~.ERRATION DAYs
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City
of Temecula to he affixed this llth day of April, 1995.
Jeffrey E. Stone, Mayor
lune S. Greek, City Clerk
The City of Temecula
PROCLAMATION
WH ,:~a.~, the City of Ternecru,, and tbe residents of the Temecuh Valley wish to
recognize and wish m~cceu to the upcomin~ 12th Annual Temecula Valley Balloon and W'me
Festival to be held AI~ 28th, 29th and 30th; and
WIi~tEAS, this year's Festival will introduce a new area called the "Rainbow
Connection" which win focus on providing a "m~ic~" experience for special needs and
physically c~,nl!~ged children; and
WIi~tEAS, All wheel-chair bound and physically challenged children will receive free
sdmi~ion to the Festival and the opportunity to ex~e~ce a tethered hot air balloon ride; and
WHs:REAS, these balloon rides will be aboard Serena's Song the world's only wheel-
chair accessible FAA approved hot air balloon, which will be ranking it's first West Coast
appearance; and
WHEsEAS, this special craft is the creation of Gary Waldman and named for his
daughter Serena W~ldmsn, a quadriplegic with cerebral palsy. Serena's Song has flown
physically challenged children all over the United States and has produced joy and wonder for
i~s special passengm;
NOW, T~I~R~'ORE, I, Jeffrey E. Stone, on behalf of the City Council of the City of
Temecula, welcome Sereaa's Song to the Temecula Valley and hereby proclaim the week of
April 23, 1995 to be
eSerena's Song Week in Tameeula'
IN WITNESS Wssoq, OF, I have hereunto set my hand and caused the Seal of the City
of Temecula to be affixed this llth day of April, 1995.
Jeffx~ E. Stone, Mayor
June S. Greek, City Clerk
ITEM
1
ITEM 2
MINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
HELD FEBRUARY 28, -1995
A regular meeting of the Temecula City Council was called to order at 7:05 PM at the
Community Recreation Center, 30875 Rancho Vista Street, Temecula, California. Mayor
Jeffrey E. Stone presiding,
PRESENT 5 COUNCILMEMBERS: Lindemans, Mufioz, 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.
EXECUTIVE SFSSION
A meeting of the City of Temecula City Council was called to order at 5:41 PM. It was moved
by Councilmember Parks, seconded by Councilmember Lindemans to adjourn to Executive
Session pursuant to Government Code Sections:
1. §54956.9(b), Potential Utigation, two matters.
2. § 54956.8CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Property: 43106 Business
Park Drive,; Negotiating parties: City of Temecula and Grubb and Ellis; Under negotiation:
price and terms of payment.
The motion was unanimously carried.
INVOCATION
The invocation was given by Bishop Konrad Lee, The Church of Jesus Christ of Latter Day
Saints.
PLEDGE OF ALLEGIANCE
The audience was led in the flag salute by Mayor Pro Tem Lindemans.
PRFSENTATIONS/
PROCLAMATIONS
Barbare Tooker, representing the Temecula Valley Unified School District Governing Board and
the National Parenting Institute, announced that ACS has been nominated to receive the
United Nations Family-Friendly Corporation Award. She asked that Temecula become a Patron
City at this conference and take a leadership role to encourage other companies to develop
"Family-Friendly" companies, She asked that March 19-25 be proclaimed as "Week of
Family," that the City consider appointing a Family Friendly committee to include ACS and
whose mission would be to identify other family friendly corporations. He also requested the
Mimne.%2~28~g5 -1- 03/30/95
C. jtv Ceundl Minute F~ebnaerv :28. 1995
City consider sending invitations to 30-50 of its companies and organizations to attend a local
presentation of the united Nations Award to ACS and to view the video on-site at ACS on
March 24, from 9:30 -11:00 AM.
Mayor Stone presented a Certificate of Commendation to Frank Hammersley for his work with
the Temecula Community Pantry. Mr. Hammersley thanked the City Council and the
community for their efforts with the needy.
PUBLIC COMMENTS
Marvin Zeldin, 28659 Front Street, spoke in favor of the Old Town Entertainment Center.
Joseph R. Terrazas, 31160 Lahontan Street, spoke in opposition to the Old Town
Entertainment Center.
Kenneth Dodd, 30097 Via Velez Place, spoke in favor of the Old Town Entertainment Center.
Dianne Bowyer, 30663 San Pasqual Road, spoke in opposition to the Old Town Entertainment
Center.
Ginger Greaves, 34330 Coopermans, spoke in favor of the Old Town Entertainment Center.
Bruce Bowyer, 30663 San Pasqual, spoke in opposition to the Old Town Entertainment Center
Project.
William Harker, spoke in favor of the Old Town Entertainment Center Project.
CITY COUNCIL REPORTS
Councilmember Mufioz expressed his objection to an article regarding his trip to Japan with
the Sister City Organization, and listed the many benefits that have been gained by
participation in this program.
Councilmember Roberts also objected to the article regarding Sister Cities and stated he used
$4,000 of his personal funds for the trips to Japan and France.
CounCilmember Parks requested a staff report be placed on the next agenda regarding the
United Nations Family-Friendly Corporation Award being presented to ACS and possible
authorization for out-of-state travel for · Councilmember to attend the awards ceremonies.
Mayor Stone requested a report on the goals and objects of the City's Sister City Program be
placed on a future agenda.
CONSENT CALENDAR
Mimnee~2~J%g5 -2- 03/30fi6
CiTY Counm'l Iinutee F~brua~v 28. 1996
May. or Pro Tam Robarts requested the removal of Item No. 11 from the Consent Calendar.
Councilmember Robarts stated he has a question on Items 3 and 4.
Councilmember Mufioz announced he would abstain on Item No. 7.
City Clerk June S. Greek stated there is a request to speak on No. 10.
Councilmember Robarts questioned Item No. 3, asking why the "Trends 780" Show was listed
under the Council budget instead of RDA. Assistant City Manager Mary Jane McLarney stated
this is an error and will be corrected.
Councilmember Roberrs on Item 4, asked if the 84,500 for Council taping is for the added -
meetings this year. He asked that quality control be followed-up with the Cable Company,
because complaints have been received.
It was moved by Councilmember Parks, seconded by Councilmember Robarts to approve
Consent Calendar Items 1-9 and 12. The motion was unanimously carried with
Councilmember Mur~oz abstaining on Item No. 7.
1. Standard Ordinance Adontion Procedure
1.1 Motion to waive the reading of the text of all ordinances and resolutions
included in the agenda.
2. Minutes
2.1 Approve the minutes of January 30, 1995.
2.2 Approve the minutes of January 31, 1995.
Resolution Aoorovina List of Demands
3.1
Adopt a resolution entitled:
RESOLUTION NO. 95-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
Minutes~2~28~i -3- 03/30/95
PAW Coundl MnVtes Febmew 28, 1996
4. Mid-Year B, ~lget Review
4.1
4.2
Adopt a resolution entitled:
RESOLUTION NO. 95-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING THE FISCAL YEAR 1994-95 ANNUAL OPERATING BUDGET
Adopt a resolution entitled:
RESOLUTION NO. 95-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING
THE SCHEDULE OF AUTHORIZED POSITIONS
e
Release Labor and Material and Monument Bonds in Tract No. 23967-1
5.1 Authorize the release of Labor and Material Bond for Street, Water, and Sewer
Improvements, and the Monument Bond in Tract No. 23267-1;
5.2 Direct the City Clerk to so notify the Developer and Surety.
Release Labor and Material and Monument Bonds in Tract No. 23267-4
6.1 Authorize the release of Labor and Material Bond for Street, Water and Sewer
Improvements, and the Monument Bond in Tract No. 23267-4;
6.2 Direct the City Clerk to so notify the Developer and Surety.
e
Prooram Supplement No. 005 to the Local Aoencv/State Agreement for Federal-Aid
Projects for the Traffic Sianal at Maraarita Road and Avenida Barca (PW93-10)
7.1 Adopt a resolution entitled:
RESOLUTION NO. 95-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING PROGRAM SUPPLEMENT N0. 005, TO LOCAL AGENCY/STATE
AGREEMENT NO. 08-5459, BETWEEN THE STATE DEPARTMENT OF
TRANSPORTATION AND THE CITY OF TEMECULA FOR FEDERAL AID
PROJECT NO. STPLG-5459{005),MARGARITA ROAD AND AVENIDA BARCA
Minutee%2',28~gS -4.. 03/30/95
/" City Coundl Minutes February 28. 1995
The motion carried by the following vote:
AYES: 4 COUNCILMEMBERS:
NOES: 0
ABSENT: 0
ABSTAIN: I
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Lindemans, Parks, Roberrs,
Stone
None
None
Mufioz
8. Comoletion andAcceotance of the Ynez Road LandsceDe Imorovements. No. PW94-04-
8.1
Accept the Ynez Road Landscape Improvements, Project No. PW94-04, as
complete end direct the City Clerk to:
File the Notice of Completion, release the Performance Bond, and accept
a one (1) year Maintenance Bond in the amount of 10% of the contract;.
Release the Materials and Labor Bond seven (7) months after the filing
of the Notice of Completion if no liens have been filed.
e
12.
Focused Model Development (Traffic - SWAPD)
9.1
Approve the four (4) party agreement - Cities of Temecula, Murrieta, Western
Riverside Council of Governments, and Hank Mohle and Associates Agreement
for Professional Services, Southwest Area Planning District (SWAPD) Traffic
Study- Focused Model Development,
9.2 Authorize the Mayor or his designated representative to sign the agreement.
9.3
Award of contract is subject to approval of Mid-Year Budget request of
$12,500 for that purpose.
Temecula Community Partnership
12.1 Adopt a resolution entitled:
RESOLUTION NO. 95-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO
ADOPT AND SUPPORT THE PREVENTION GOALS OF THE TEMECULA
COMMUNITY PARTNERSHIP
City Caundl Minutes Febmaw 28. 1995 ~
:10.
Review rand searoval of ~lst Yemr FY 95-96 Comm,,nitv Development Block Rent
Aoolicants
11.
Alan M. Winkelstein, representing the Boys and Girls Club, spoke in favor of staff
recommendation.
It was moved by Councilmember Parks, seconded by Councilmember Robarts to
approve staff recommendation as follows:
10. 1 Review and provide direction to staff as to the funding of projects for the 21 st
Year FY 95-96 Community Development Block Grant (CDBG) Program.
10.2 Authorize staff to forward the selected CDBG project applications to the
Riverside County Economic Development Agency (EDA).
The motion was unanimously carried.
Professional Services for the Design of an Interim Traffic Signal for the Intersection of
State Route 79(S) with Margarita Road\Redhawk Parkway, Pal Road and La Paz Street
Mayor Stone reported that these signals should be installed within the next 6-8 months
and thanked staff for their efforts.
It was moved by Councilmember Parks, seconded by Councilmember Robarts to
approve staff recommendation as follows:
11.1 Approve Professional Services Agreements for the design of an interim traffic
signal far the intersections of State Route 79(S):
· Margarita Road/Redhawk Pkwy BRW, Inc. $5,474.00
· Pala Road Albert Grover&Assoc. $5,230.00
· La Paz Street Transtech $5,065.00
The motion was unanimously carried.
Mayor Stone reordered the Agenda to hear Items 15 and 16 out of order.
Councilmember Parks, and Councilmember Mur~oz announced they would abstain on Item No.
15.
Minute,~2%28%95 -6-
City Cauneil IVletut~ February 28. 1995
15. School District Mitinetion Fees
Councilmember Lindemans suggested continuing this item to a future meeting.
Mayor Stone addressed the proposed resolution, stating it does not lock the City into
any particular fee and suggested moving forward.
Councilmember Roberrs stated he received changes to the proposed resolution late in
the day and had not had the opportunity to review them. He also recommended
continuance of this item.
School Superintendent Pat Novotney, representing the Temecula Valley Unified School
District, 37433 Avenida Chapela, stated this item was continued two weeks ago and-
voiced her opposition to continuing it further. She stated four school board members
are in the audience and are prepared to answer any questions the Council may have.
Barbara Tooker, representing the Temecula Valley Unified School District Governing
Board, 290630 Avenida Del Sol, asked that this issue be resolved, stating all that is
desired is a basic framework, not specific details.
It was moved by Councilmember Roberts, seconded by Councilmember Lindemans to
continue this item for 30 days.
The motion carried by the following vote:
AYES:
2 COUNCILMEMBERS:
Lindemans, Roberts
NOES:
I COUNCILMEMBERS: Stone
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 2 COUNCILMEMBERS:
Mui~oz, Parks.
16. Contract for User Fee and nevelooment Imoact Fee Study
Assistant City Manager Mary Jane McLarney presented the staff report.
City Attorney Peter Thorson recommended considering this issue as two separate
items, and that Councilmembers Mufioz and Parks not perticipete on the school fees
issue,
RECESS
Mayor Stone called a brief recess at 8:05 PM to change the tape. The meeting was
reconvened at 8:06 PM.
htnute~%2~!a%SS -7- o3ra/~s
City C4Nndl Mnutee Febmew 28. 1995
It was moved by Councilmember Parks, seconded by Mayor Pro Tem Lindemans to
approve staff recommendation as follows:
16.1
16.2
Approve the contract with David M. Griffith and Associates (DMG) to conduct
a user fee and development impact fee analysis.
Appropriate $39,340 from General Fund fund balance to account number 001-
140-999-5248(Consulting)to fund this contract.
The motion was unanimously carried.
It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Roberrs to'-
approve an Aitemate Bid No. 2 as outlined in the staff report.-
The motion carried as follows:
AYES: 3 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 2 COUNCILMEMBERS: Mufloz, Parks
Lindemans, Roberrs, Stone
City Manager Bradley explained that the City will have to have permission from the
school district to gather information and will have to work with data supplied by the
district. He also stated the same will apply for water and sewer fees, permission will
have to be obtained to access records.
Dr. Pat Navotney, representing the Temecula Valley Unified School District, stated she
is happy to cooperate and give the City the information they need but questioned the
time frame. She asked if the decision on the School Mitigation Fees Resolution will be
delayed if the study is not finished until May.
Mayor Pro Tem Lindemans stated his raason for requesting a continuance of the School
Mitigation Fees matter is to better understand the agreement and he will not hold up
the resolution until the study is complete.
Councilmember Roberts also agreed that he would not hold up the resolution, awaiting
results of the study.
It was moved by Councilmember Parks, seconded by Mayor Pro Tem Lindemans to
approve an Alternate Bid No. I as outlined in the staff report. The motion was
unanimously carried.
"~"' CiW C,~undl IVlnuZes February 28. 1995
R;CFSS
Mayor Stone called · recess at 8:20 PM. The meeting was reconvened following the
previously scheduled CSD and RDA Meeting at 9:30 PM.
PUBLIC HEARINnS
13. Planninp Aoolication No. PA94-O06~.Pulte Home CorD.
Planning Director Gary Thornhill presented the staff report.
Mayor Stone opened the public hearing at 9:50 PM, ·
Councilmember Roberrs stated he would abstain on this item since the applicant is his
business pertMr.
Donald Lohr, Lohr and Associates, representing Pulte Home Corporation, 43513
Ridgepark Drive, stated his client submited a specific plan amendment and agrees with
the conditions recommended by the Planning Commission. He addressed an issue in
the Specific Plan Amendment, on Page 97-2, which states a trail will be provided in the
power line easement, located in Planning Area No. 17. He stated that Planning Area
17 is immediately south of the planning area, and therefore requested deletion of this
reference.
Planning Director Gary Thornhill stated he did not have a problem with deleting the
condition.
Mr. Lohr also stated that on the exhibit for Planning Area 11, page 101, there is still
a reference to a low-medium residential use, which needs to be revised to be 2-5,
which conforms with the County's range. He stated in the final document, this change
would be made.
Mayor Stone closed the public hearing at 9:54 PM.
Councilmember Mu~oz asked why Pulte Homes had originally objected to being
included in the City's sphere of influence.
City Attorney Thorson responded that the legal issues have been resolved.-
Robert Klotz, representing Pulte Homes, Pillsbury, Madison and Sutro, 600 Anton BIrd,
Costa Mesa, stated the origins of that dispute were that there appeared to be a desire
by the City to move forward rapidly with large annexations Pulte was not ready to
construct on this site and therefore they were concerned they might be forced into a
premature annexation,
Minu~es~2~28%gS -~- 03/30/96
City Council inures Februsty 28, 1'995
It was moved by Councilmember Parks, seconded by Mayor Pro Tem Lindemans to
approve staff recommendation to include deletion of the reference to the trail, located
in the Specific Ran Amendment under Planning Area 17, Pg. 97-2.
13.1 Read by title only and introduce an ordinance entitled:
ORDINANCE NO. 95-.04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING SPECIFIC PLAN NO. 213, AMENDMENT NO. 2 (PA94.-0062);
AMENDING SPECIRC PLAN NO. 213 TO CHANGE THE. ZONING FOR
PLANNING AREA 'i I (32 ACRES) PROM VERY HIGH DENSITY RESIDENTIAL'.
(14-20 DWELLING 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
The motion carried by the following vote:
AYES:
4 COUNCILMEMBERS:
Lindemans, Mur~oz, Parks, Stone
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: I COUNCILMEMBERS:
Roberts
10.
City of Temecula's Outdoor Vendor's Ordinance
Planning Director Gary Thornhill presented the staff report and stated the title needs
to read "Outdoor Vendor's Ordinance". He explained the word "outdoor" was
inadvertently left out of the title and needs to be added.
· Mayor Stone opened the public hearing at 10:10 PM. Hearing no requests to speak,
Mayor Stone closed the public hearing at 10:10 PM.
Minutee~2~.8%g5 -1 O- 03/30/95
City Ceundl Minute Febmew 28. 1995
It was moved by Councilmember Parks, seconded by Councilmember Robarts to
approve staff recommendation as amended.
14.1 Adopt a resolution entitled:
RESOLUTION NO. 95-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING
CERTAIN FINDINGS IN CONNECTION WITH THE APPROVAL OF THE CITY OF
TEMECULA OUTDOOR VENDOR'S ORDINANCE AND ADOPTING THE
NEGATIVE DECLARATION
The motion was unanimously carried.
It was moved by Councilmember Parks, seconded by Councilmember Robarts to
approve staff recommendation as follows:
14.2 Read by title only and introduce 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
The motion was unanimously carried.
It was moved by Councilmember Parks, seconded by Councilmember Robarts to extend the
meeting until 10:30 PM. The motion was unanimously carried.
COUNCIL BUSINESS
17. Adhoc Committee for Community Services Fundina
· Assistant City Manager Mary Jane McLarney presented the staff report.
It was moved by Councilmember Parks, seconded by Mayor Pro Tem Undemans to
appoint Mayor Stone and Councilmember Robarts to serve on an Ad Hoc Committee
to review Community Services Funding Applications. The motion was unanimously
carried.
Minutes%2%28%95 -11- 03r'aOfi5
City Coundl Minute FebNew 28. 1995 ~,
'18. Reauest for Funds for Temec,,!- Valley Film Festivxl
Assistant City Manager Mary Jane McLamey presented the staff report.
Jo Moulton, 42086 Humber Drive, spoke in support of a grant to the Temecula Valley
Film Council and explained benefits received by the City from the Film Council.
RECESS
Mayor Stone called a recess at 10:25 PM to change the tape. The meeting was raconvene
at 10:26 PM.
Eve Craig, 43633 Buckeye Road, spoke in favor of the grant and explained the Film'.
Council has a 501 (C-6,) IRS designation that does not allow donors to deduct
contributions from income tax, which makes obtaining donations. much.more difficult.
Councilmember Mufioz spoke in favor of the proposal and suggested elO,O00 in
matching funds for operating budget.
Mayor Stone asked if funds have been formally requested from direct beneficiaries .of
the Film Council's activities, such as hotels, restaurants, etc.
Jo Moulton said hotel rooms have been comped and services have been committed for
the Film Festival, however no formal requests for funds have been submitted.
It was moved by Councilmember Parks, seconded by Mayor Pro Tem Lindemans to
allocate $10,000 to the Film Council's Operating Budget, $15,000 fro the September
1995 Film Festival and $5,000 in matching funds. Further, they appropriated the
transfers from the unreserved RDA fund balance. The motion was unanimously
carried.
It was moved by Councilmember Parks, seconded by Mayor Pro Tem Lindemans to extend the
meeting until 11:00 PM. The motion was unanimously carried.
19. Discussion of California State Lottery and the Distribution to the City of Temecula
(Placed on the agenda at the request of Mayor Stone)
City Manager Bradley presented the staff report giving a brief outline of the limited
ways in which funds designated for the Schools can be used. He also reported that
only 2% of the school district's budget is from State Lottery funds.
Minutes~2~28~95 -12- 03/30/95
City Council Minutee Febmew 28, 1995
CITY MANAGER'S REPORT
None given.
CITY ATTORNEY'$ REPORT
City Attorney Thorson reported no action was taken in closed session.
PUBLIC COMMENTS
Jeanne L. Burns, representing the Temecula Valley Playhouse, spoke in favor of the Old Town*.
Entertainment Center.
Arthur Beese, 41778 Bargil Court, spoke in opposition to the Old Town Entertainment Center.
Ed Dool, representing Youth for Economic Development, spoke in favor of the Old Town
Entertainment Center.
James A. Kraus, 30116 Campo Verde, spoke in favor of the Old Town Entertainment Center.
Katie Kraus, 30116 Campo Verde, spoke in favor of the Old Town Entertainment Center.-
Evelyn Harker, 3130-85 South General Kearny Road, spoke in favor of the Old Town
Entertainment Center.
ADJOURNMENT
It was moved by Councilmember Roberts, seconded by Councilmember Parks to adjourn at
11:05 PM to a meeting on March 28, 1995, 7:00 PM, Community Recreation Center, 30875
Rancho Vista Road, Temecula, CA. The motion was unanimously carried.
ATTEST:
Jeffrey E. Stone, Mayor
June S. Greek, City Clerk
Minutes~2~8%95 -13- 03/30/95
MINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
HELD MARCH 14, 1995
A regular meeting of the Temecula City Council was called to order at 7:02 PM at the Community
Recreation Center, 30875 Rancho Vista Street, Temecula, California. Mayor Jeffrey E. Stone
.presiding.
PRESENT: 4 COUNCILMEMBERS: Lindemans, Mufioz, Parks, Stone
ABSENT: I COUNCILMEMBERS: Roberts
Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City Clerk
June S. Greek.
INVOCATION
The invocation was given by Reverend Steven Leinhos, New Community Lutheran Church.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was given by Councilmember Parks.
PRESENTATIONS/PROCLAMATIONS
Mayor Stone proclaimed the following:
· March 19-25, 1995 to be "National Poison Prevention Week"
· March 19-25, 1995 to be "Week of the Family."
PUBLIC COMMENTS
Mayor Stone announced that should Public Comments exceed the allotted 15 minute time period,
additional time will be set aside at the conclusion of Council Business to hear those speakers.
Wayne Hall, 42131 Agena, President of Starlight Ridge Homeowners Association, addressed the
Council regarding a traffic problem Mused by high speeds and cut through traffic on Cosmic
Avenue. He requested additional patrolling on a regular basis.
Mayor Stone requested the Palice Chief increase patrolling in this area, and asked Public Works
Director Joe Kicak to look into adding stop signs or other control methods.
Rebecca Weersing, PTA Co-President of Joan F. Sparkman Elementary School, 41775 Yorbs
Avenue, spoke in support of the school mitigation program.
R:'~gende~0314N I
Ginger Greaves, 34330 Coopermane 'Circle, extended congratulations to City staff and City
Council for a professional election and process. She asked that the City Council move forward
with the Old Town Entertainment Center Project.
Maryann Edwards, 43675 B Faro Place, asked the City to move forward with the Old Town
Entertainment Center Project.
Bill Harker, 31130 S. General Kearny Road, asked the City Council to proceed without delay on
the Old Town Entertainment Center Project.
Mark McCormick, 29050 Gateview Court, representing TOTAL, submitted a letter to the City
Clerk and Registrar of Voters asking that the certification of the election be delayed, due to
concerns regarding status of residents on the voter roster. He asked that the City Clerk, City
Attorney and Council investigate the election.
City Attorney Thorson stated the City adopted a number of resolutions which provided for the
County Registrar of Voters to conduct the elections. As a result, the Registrar is responsible for
voter registrations and counting the vote. He further explained that certification of the election
was received via fax in the City Clerk's Office at 4:09 PM, and Mr. McCormick's request was
received at 4:49 PM after the election had been certified. He explained it is up to the Registrar to
conduct any investigation and the only action the City would take at this time would be to receive
results from the County Registrar for certification of the election.
Marvin Zeldin, 38659 Front Street, asked that the Council proceed with the Old Town
Entertainment Center Project.
CITY COUNCIL REPORTS
Councilmember Mur~oz stated he does not feel it is fair to have citizens wait until the end of the
meeting for public comment.
Mayor Stone stated he is not opposed to meeting at 6:30 PM in the future to allow for extra
public comment time.
CONSENT CALENDAR
Mayor Stone made a correction on Item No. 5, substituting Mayor Pro Tem to be authorized for
out of state travel.
Councilmember Muf~oz registered an abstention on Item No. 9 and requested the removal of Item
No. 10 from the Consent Calendar.
R:'~4eed~O314N 2
It was moved by Mayor Pro Tern Lindemans, seconded by Councilmember Parks to approve
Consent Calendar Items 1-9 and 11-14.
The motion carried as follows:
AYES: 4 COUNCILMEMBERS: Lindemans, Mur~oz, Parks, Stone
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBERS: Roberrs
2
3
4
Standard Ordinance Adootion Procedure
1.1 Motion to waive the reading of the text of all ordinances and resolutions included in
the agenda,.
Minutes
2.1 Approve the minutes of February 21, 1995.
2.2 Approve the minutes of February 27.1995.
Resolution ADDrovina List of Demands
3.1 Adopt a resolution entitled:
RESOLUTION NO. 95-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING
CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
City Treasurer's Report as of January 31.1995
4.1 Receive and file the City Treasurer's Report as of January 31, 1995.
5
6
Out-of-State Travel Reauest
5.1
Authorize the Mayor Pro Tem to travel, out of state, to Salt Lake City to be present
when Advanced Cardiovascular Systems (ACS) receives the United Nations Family
Friendly Award.
Contract Insoection Services for Building and Safety
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.
~ee~ie~O214N 3
7
Acceptance of Public Streets into the Citv-Meintained Rtreet System (North neneral Keamv
Road and nolden Rod Road)
7.1 Adopt a resolution entitled:
RESOLUTION NO. 95-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA, ACCEPTING CERTAIN PUBUC 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
Acceotance of Public Street into the Citv-Maintained Street System - A Portion of Liefer
Road
8.1 Adopt a resolution entitled:
RESOLUTION NO. 95-22
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 Desion of Solana Way Storm
Drain Imorovements
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.
The motion carried by the following vote:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
AYES: 3
NOES: 0
ABSENT: 1
ABSTAIN: I
Lindemans, Parks, Stone
None
Roberts
Mufioz
R.'V~end~031411 4
11
12
Cable Television Rate Reaulation
11.1 Adopt a resolution entitled:
RESOLUTION NO. 95-23
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 Coveraoe
12.1 Review and approve the new Astna property insurance policy with Strachots
Insurance Agency Inc., effective March 27, 1995;
12.2 Provide staff with direction to obtain 8 Requests for Qualifications for property
insurance broker services.
SECOND READING OF ORDINANCES
13 Second Reedinn of Ordinance No. 95-04
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 N0.94-
062) AMENDING SPECIFIC PLAN NO. 213 TO CHANGE THE ZONING'FOR
PLANNING AREA 11 {32 ACRES) FROM VERY HIGH DENSITYRESIDENTIAL (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), LOCATED ON'
THE SOUTHWEST CORNER OF TOWN VIEW AVENUE AND MURRIETA HOT
SPRINGS ROAD
R:~enele't031416 i
14.
Second Reading of Ordinance No. 95-05
14.1 Adopt an ordinance entitled:
10
ORDINANCE NO. 95-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA PERTAINING
TO OUTDOOR VENDORS AND ESTABUSHING REGULATIONS FOR OUTDOOR
VENDING
Award of Contract for the Moraaa Road Street Widenino, Project No. PW92-10
Councilmember Mu~oz asked for an explanation of the high cost of this project. Public
Works Director Joe Kicak explained the costs relate to relocation of two culvert boxes
underneath the roadway, the removal of curb and gutter and .the widening of the roadway.
as well as the sidewalk.
Councilmember Muf~oz asked if the recent slurry seal and striping on this roadway will be
affected. Mr. Kicak answered only a portion will be damaged, leaving the rest of the
roadway unaffected.
It was moved by Councilmember Mufioz, seconded by Mayor Pro Tem Lindemans to
approve staff recommendation as follows:
10.1
Award a contract for the construction of Moraga Road Street Widening, Project No.
PW92-10 to Ronald L. Harris Construction for ~ 102,721.00 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.
The motion was unanimously carried with Councilmember Robarts absent.
COUNCIL BUSINESS
11
Amended Animal Control Aoreement and Animal Control Ordinance and Resolution
Assistant City Manager Mary Jane McLarney presented the staff report.
Mayor Stone requested staff pursue the privatizstion of Animal Control, possibly in
cooperation with neighboring cities.
Councilmember Muf~oz asked how common is the practice to require cat licenses.
Assistant City Manager McLamey reported it is not a common practice.
R:~olfda~031416 ·
Councilmember Parks asked whet additional services the City will receive as a result of the
increase in fees. Ms. McLarney reported that no additional services will be provided, only
a fee increase.
Mayor Pro Tem Lindemans asked if the cat licensing requirements could be removed.
It was moved by Councilmember Parks, seconded by Councilmember Mufioz to approve
staff recommendation with the elimination of licensing requirements for cats.
15.1
Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 95-06
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
12
11.1
11.2
Adopt s resolution entitled:
RESOLUTION NO. 95-24
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.
The motion carried by the following vote:
AYES: 3 COUNCILMEMBERS: Mufioz, Parks, Stone
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Roberts
ABSTAIN: I COUNCILMEMBERS: Lindemans
Planning Aoolication No, PA 95-001 ~ - Aooeal of Plannino Director's Denial of Prooosed
Sienaas for Yellow Basket Restaurant
Planning Director Gary Thornhill presented the staff report.
R:'~,,eeenda%031496 7
Councilmember I. indemans asked if the proposed sign meets the requirements of the City's
sign ordinance. Banning Director Gary Thornhill responded this sign does meet the
requirements of the 'ordinance.
Russell Rumansoff, 27349 Jefferson Avenue, representing the applicant, stated the
physical location of the sign has not changed, and the applicant is in compliance under the
ordinance. He requested approval of the appeal.
RECESS
Mayor Stone called a brief recess at 8:00 PM to change the tape. The meeting was reconvened
at 8:02 PM.
Councilmember Mufioz asked if this .sign is approved at the size staff recommends, will
there be a visibility problem., Mr. Rumansoff responded that the scale of the design is
appropriate to the building.
13
Councilmember Parks explained he is hearing from the Banning Director and Planning
Commission that proportionality is the issue.
Steve Eytchison, 27620 Commerce Center Drive, No. 101, sign contractor, stated that the
original plans do not have any square footage listed for signs, and requested approval of
the appeal.
Mayor Stone stated he met with the proponents of the project and he believes had the
proponents known the sign area they were submitting was final, they would have handled
the situation differently.
It was moved by Councilmember Parks, seconded by Councilmember Mufioz to approve
staff recommendation.
The motion failed by the following vote:
AYES: 2 COUNCILMEMBERS: Mufioz, Parks
NOES: 2 COUNCILMEMBERS: Lindemans, Stone
ABSENT: I COUNCILMEMBERS: Robarts
No substitute motion was offered.
Memorandum of Understanding Concernine Snacific Ben No. 199. VanDaele
Planning Director Gary Thornhill presented the staff report.
R:~'kgenda%031411 ·
It was moved by Mayor Pro Tem Lindemans, seconded by Counciimember Parks to
approve staff recommendation as follows:
13.1
Approve -the Mamorendum of Understanding concerning Specific Ran 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.
The motion was unanimously carried by Councilmember Roberrs absent.
CITY MANAGER'S REPORT
None given.
CITY ATTORNEY'S REPORT
None given.
PUBLIC COMMENTS
Marcia McDonnell, 45881 Classic Way, spoke in favor of the school mitigation fees.
Ruthann Banner, 44985 Corte Zorita, resident of Redhawk Community, expressed her
disappointment in not being able to vote in the advisory election.
City Attorney Thorson explained that under the provisions of the election code and resolutions
adopted, only residents within the City of Temecula were allowed to vote. He explained,
however, that when the project comes before the Council for final approval, all interested parties
will be allowed to speak at the public hearing.
Ed Dool, on behalf of Youth for Economic Development, stated his desire that the Old Town
Entertainment Center proceed immediately.
Pat Morris, 29734 Calle Contera, stated the message to this Council both from the November
election and the Advisory Election is to proceed with the Old Town Entertainment Center.
Dhana Lemons, 31040 Ave Buena Suerte, spoke in favor of school mitigation fees.
Kenneth D, Kurtz, 43825 Paulita Road, thanked the Council for the work on John Warner Road
and asked that Lolita and Paulira be graded as well. Public Works Director Joe Kicak explained
the City Council has approved four streets to date for emergency work. He stated he could come
back and identify additional streets that are unpaved, and give the Council a cost estimate to
include additional streets.
Mayor Stone requested this be placed on a future agenda, also addressing Service Level R and
how that is progressing.
R:Veeede;3141i ·
Natalie Beltzel, 3,820 Avenida Buena Suerte, expressed concam regarding Measure B and asked
that further investigation of the election take place.
Wayne Hall, 42131 Agena, spoke in support of the Old Town Entertainment Center Project.
RECESS
Mayor Stone called a recess a 8:46 PM to hold the previously scheduled Community Services
District and Redevelopment Agency Meeting.
The meeting was reconvaned at 8:53 PM.
ADJOURNMENT
It was moved by Mayor Pro Tam Lindemans, seconded by Councilmember Parks to adjoum at
8:53 PM to a Special Meeting on March 21, 1995,4:30 PM, Margarita Middle School. The
motion was unanimously carried with Councilmember Robarts absent.
Next regular meeting: March 28, 1995, 6:30 PM, Community Recreation Center, 30875 Rancho
Vista Road, Temecula, California.
Jeffrey E. Stone
Mayor
June S. Greek, CMC
City Clerk
R.'%/eende~31411 10
MINUTES OF A SPECIAL JOINT MEETING
OF THE TEMECULA CITY COUNCIL AND THE
TEMECULA*VALLEY UNIFIED SCHOOL DISTRICT
GOVERNING BOARD OF DIRECTORS
HELD MARCH 21, 1995
A regular meeting of the Temecula City Council was called to order at 4:36 PM at Margarita
Middle School, 30600 Margarita Rood, Tamecula, California. President Barbara Tooker
presiding.
PRESENT 4 COUNCILMEMBERS: Lindemans,
Roberrs
ABSENT: 0 COUNCILMEMBERS: Mufioz
Parks, Stone,
PRESENT: 5
ABSENT: 0
BOARD MEMBERS:
BOARD MEMBERS:
Brown, Campbell, Shefar,
Vanderhaak, Tooker
None
Also present were City Manager Roneld Bradley, City Attorney Peter M. Thorson, and Deputy
City Clerk Susan W. Jones.
JOINT CITY COUNCILI~-OVFRNINR BOARD OF EDUCATION BUSINESS
1. School Facility Imoact Mitioation Program
Councilmember Parks announced he has a conflict of interest on this item and will not
participate in the discussion.
President Barbara Tooker stated she would like to make sure both sides have an
agreement as to the resolution so that discussions can move forward on specific
mitigation details.
Mayor Stone stated adequate schools are a priority to him, but expressed frustration
over receiving last minute changes to the resolution. He indicated he does not want
developers to bear 100% of the fee burden.
Mayor Pro Tam Lindemans suggested using the ordinance adopted by the City of San
Jose as a model. He suggested that the Council adopt a resolution resolving to make
an ordinance similar to the one in San Jose.
Councilmember Roberrs stated he agrees that the resolution should be adopted and
than negotiations should begin on actual mitigation solutions.
President Tooker stated she is not interested in stopping development, but believes the
resolution must be passed, after which all models should be explored.
Minute%3%21~95 -1- 04/04/96
City C4uncil Minute 'March 21. 1995
Board Member Campbell stated she understands the Council's concam and emphasized
the need for trust between the two agencies, listing the other successful projects that
have resulted from joint efforts between the School District and the City of Temecula.
President Tooker asked that a date be set for a final draft of the resolution to be
submitted to the City Council and the Governing Board of Directors. City Manager
Ronald E. Bradley reported that in order to make agenda deadlines for the April 11,
1995 Agenda, the date should be April 3, 1995, at 12:00 Noon. A consensus was
reached from both agencies that no further changes would be considered after that
date.
President Tooker suggested that she and Mayor Stone make a trip to Sacramento to.
talk with State Legislators on the difficult position that lack of funding for schools'
places Iogal agencies in.
ADJOURNMENT
Mayor Stone adjourned the meeting at 5:21 PM, to a meeting on March 28, 1995, 5:00 PM,
Community Recreation Center, 30875 Rancho Vista Road, Temecula, CA.
ATTEST:
Jeffrey E. Stone, Mayor
June S. Greek, City Clerk
Minutee'~3%21%96 -2- 04/04/95
ITEM 3
RESOLUTION NO. 9~*
A RESOLUTION OF THE CITY COUNCIL OF THE CffY
OF TEMECULA AILOWING CERTAIN CLAIMS AND
DEMANDS AS SET FORTH IN Lv~tlB1T A
THE CITY COUNCIL OF THE CITY OF TI~IECULA DOES RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the fortowing claims and demands as set forth in Exhibit A have beem
audited by the City Manager, and that the same are hereby allowed in the amount of
1,008,345.69
Section 2. The City Clerk shall certify the adoption of this resolution.
APPROVED AND ADOPTED, this llth day of April, 199~.
ATFF_,ST:
Jeffrey E. Stone, Mayor
June S. Greek, City Clerk, CMC
[SHALl
'STATE OF CALIFORNIA)
COUNTY OF RIVERSWE) SS
crrY oF ~)
I, June S. Greek, City Clerk of the City of Temeath, hereby do ceffify that the
foregoing Resolution No. 95- was duly adopted at a regular meeting of the City Council of the
City of Temecula on the llth day of April, 1995 by the following roll call vote:
COUNCK.MEMBERS:
NOES:
COUNt:
COUNCILMEMBERS:
June S. Greek, City Clerk, CMC
CITY OF TEMECULA
LIST OF DEMANDS
03/23/95 TOTAL CHECK RUN:
03/30/95 TOTAL CHECK RUN:
04/11/95 TOTAL CHECK RUN:
03/23/95 TOTAL PAYROLL:
TOTAL LIST OF DEMANDS FOR 04/11/96 COUNCIL MEETING:
DISBURSEMENTS BY RIND:
CHECKS:
001 GENERAL
100 GAS TAX
120 DEVELOPMENT IMPACT FUND
140 COMMUNITY DEV BLOCK GRANT
1 65 RDA-LOWNOD
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.
25o CAPITAL PROJECTS - TCSD
280 RDA-CIP
300 INSURANCE
310 VEHICLES
320 INFORMATIONS SYSTEMS
330 SUPPORT SERVICES
340 FACIIJTIES
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
192 TCSD SERVICE LEVEL B
193 TCSD SERVICE LEVEL C
280 RDA4~IP
303 INSURANCE
320 INFORMATION SYSTEMS
330 SUPPORT SERVICES
340 FACILITIES
TOTAL BY RIND:
PREPARED
GENIE ROBERTS, FINANCE OFFICER
RONALD E. BRADLEY, CITY MANAGER
$ 330,671
5~,087.52
503,457.96
113,118.61
$ 1,008,345.03
387,971.20
97,761.21
0.00
0.03
466.30
48, 182.03
7,036.24
20,984.93
41,831.02
0.00
10,875.48
0.00
0.03
80,470.51
3,857.14
0.03
9,301.26
12,599.49
0.03
164,030~5
$ 895,227.03
03,624.24
15,852.03
438.70
19,533.64
472.33
608.45
1,628.33
1,421.11
240.22
1,324.73
2,004.76
113,118.61
$ 1,008,345,66
· HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT.
HEREBY CERTIFY THAT THE FOLL.OWING IS TRUE AND CORRECT.
VOUCHRE2
03/23/95
16:35
CITY OF TENECULA
VQUCIIEUCIE(X RF. GlSlTR
FOR ALL PERIODS
FUND TITLE
001 GENERAL FUID
100 GAS TAX FUND
165 RDA DEV- LOM/IIGO GET ASIDE
190 COliCUNITY SERVICES DISTRICT
191 TCSD SERVICE LEVEL A
192 TCSD SERVICE LEVEL B
193 TCSD SERVICE LEVEL C
280 REDEVELOP~ENT AGENCY - CIP
3OD INSURANCE FUND
320 INFORNATIOR SYSTENS
330 $IJPPORT SERVICES
3~,0 FACILITIES
390 TCSD DEBT SERVICE
TOTAL
aT
37,89~.12
65,655
/,66.30
26,Z55.11
6,713.67
20,986.93
2,024.76
1,366.35
76.89
5,027.63
391.0~
1,831.82
16~,030.25
330,671.60
VOUCHER/
CHECK
NLNBER
/,06030
/,I)6030
406030
406030
406030
406030
406030
406030
406030
406030
~,06030
· , ..,0
406030
406030
/,06030
/,06030
406030
A06030
406030
Q6030
406030
/,6~035
z,~4035
464035
/,64035
4~4035
z,~035
464035
4~4035
66/,035
46/,035
~4035
46/,035
z~,035
464035
464035
16:35
CHECK
DATE
07,116195
03116195
0)116195
03116195
03116195
03116195
03123195
03123195
03123195
03123195
03123195
03123195
03123195
03123195
03123195
03/23/95
0)/23/95
03123195
03/23/95
03123/95
03/23/95
03123195
03123195
03123195
03123195
03123195
~1~195
~1~195
03123195
03123195
0)123195
0)123195
~27
001166
001166
001166
001166
001166
000288
000283
000263
000283
000283
000283
000283
000288
000283
000288
000288
000288
000288
000283
000288
000283
000288
000288
0004~
O00z~4
O00z~4
O0(W~
0004~
O00z~4
00(X44
0004~,
OOIX~
000~~.
00~.~
OOO~~.
O0~z~
VENDOR
ARTESIA INPLBIENT, INC.
CAL DOR SPECIALTIES, IN
CAL DOR SPECIALTIES, IN
CAL DOR SPECIALTIES, IN
CAL DOR SPECIALTIES, IN
CAL DOR SPECIALTIES, IN
FIRSTAX (IRS)
FIRSTAX (IRS)
FIRSTAX (IRS)
FIRSTAX (IRS)
FIRSTAX (IRS)
FIRSTAX (]R$)
FIRSTAX (IR$)
FIRSTAX (IRS)
FIRSTAX (IR$)
FIRSTAX (IRS)
FIRSTAX (IRS)
FIRSTAX (IR$)
FIRSTAX ([RS)
FIRSTAX (IR$)
FIRSTAX (IRS)
FIRSTAX (IRS)
FIRSTAX (IR$)
FIRSTAX (IR$)
FIRSTAX (IRS)
FIRSTAX (IRS)
FIRSTAX (IR$)
FIRSTAX (IR$)
FIRSTAX (IRS)
FIRSTAX (IR$)
FIRSTAX (El)O)
FIRSTAX (EDD)
FIRSTAX (EDD)
FIRSTAX (EDD)
FIRSTAX
FIRSTAX (EDD)
FIRSTAX (EDD)
FIRSTAX (EDD)
FIRSTAX (EDD)
FIRSTAX (EDO)
FIRSTAX (EDD)
FIRSTAX (EDD)
FIRSTAX (EDD)
FIRSTAX (EDD)
FIRSTAX (EDD)
CITY OF TENECULA
VOUCHER/131EClC REGISTEll
F01 ALL PEIt!I3DI
ITEN
DESCRIPTION
TRACTOR SERVICE NR) REPAIRS
SENIOR CENTER - EAST PATIO
PUSH PLATE - MATERIAL
SERVICE TECH fl22 - LABel
ZCNIE CHARGE
TAX
0002883 FEDERAL
000283 FEDERAL
000283 FEDERAL
0002~3 FEDERAL
000283 FEDERAL
000283 FEDERAL
000283 FEDERAL
000283 FEDERAL
000?.83 FEDERAL
000283 FEDERAL
0900283 FEDERAL
090283 FEDERAL
000283 NEDICARE
000288 NED I CARE
000283 ~ ! CARE
090283 MEDICARE
000283 HEDICARE
090283 NEDICAItE
000283 MEDICARE
000283 IL=I) I CARE
000283 NEDICARE
000283 MEDICARE
000Z83 MED I CARE
090283 ~ I CARE
0004~ SDI
0004/4 SOl
O00z~4 SD[
O~ STATE
000444 STATE
90044~ STATE
900~4 STATE
OOL~.~ STATE
900M~ STATE
900M~ STATE
90~z_z.z. STATE
90~.z.z. STATE
O0~.A,~, STATE
O0~z./: STATE
OOO~./,- STATE
AC~.~IIT
IRNBER
190-180-999-5214
190-182-999-5212
190-182-999-5212
190-182-999-5212
190-182-999-5212
190-182-999-5212
'001-2070
100-Z070
165-2070
190-2070
191-2O7O
192-2070
193-2070
280-2070
300-2070
320-2070
330-207O
3/,0-2070
001-207O
100-2070
165-2070
190-2070
191-2O7O
192-2070
193-2070
280 - 20?0
300-207O
320-20/0
330-2070
3Z,0-207O
901-2O7O
100-2070
190-2O7O
901-2O7O
100-2O7O
165-2070
190-2070
191 - 2070
192-2070
193-2O7O
300-207O
ITEN
Nm)UNT
1,390.36
7O.00
1~6.25
55.00
5.58
10,~1.55
2,6~.~
40.17
2,484.79
49.40
~.50
213,~
1~.07
18.50
105.95
138,85
2,50),17
5n.~
14.~
17.78
~.10
7,~
29.32
37.81
2,752.32
715
10.77
532.39
i6.76
8.62
65
40o17
18.96
13.64
PAts I
cSEac
27o,83
20,597.14
03123195 000724 A & R CUSTON SCREEN Pel XXL T-SHIRTS (TEEN FEST) 190-183-999-5370 72.90
0)/23/95 000724 A & R OJSTON SatENN PIll LARGE & X-L T-ENIRTS (TEN FES 190-183-999-53/0 70&.O0
VOUCHER/
CHECK
NUMBER
27.806
2280?
22808
22808
22808
22809
22810
22811
22812
22812
22813
22816
22816
22816
22815
22815
22815
22815
22816
22816
22817
22818
22819
22819
22819
22820
22821
22821
22821
22822
16:35
CHE~
~TE
03123195
03123195
03123195
~1~1~
0~123195
~1~/95
0~!23195
031Z~195
~1~1~
031~1~
~1~1~
031~1~
0~1~1~
031~1~
CITY OF TENECULA
VGUCHER/CHEIG( REGISTEll
FOR ALL FERIG)$
900724, A & R CtJSTOM SCREEN PR]
A K L CONSTRUCTION
000106 ALFAX UHOLESALE FORNI~
900106 ALFAX ~HOLESALEFUItN[TU
000102 N4ER]CAN FENCE CO. OF C
0009~ MERICAN RED CROSS
000573 APOLLO S~EPZNG, INC.
900101 APPLE ONE, INC.
0900101 APPLE ONE, INC.
001072
0006622
000622
000622
000126
000126
000126
000126
ITEN
DESCRIPTION
TAX
POLICY CHANGE ON PRICING LIGHTS
CHAIR TIPS/PER 200
FREIGHT
TEHP FENCE RENTAL FOR NAR 95
LEVEL l-VII SWiM C~S
3 HRS ST SkEEPING AFTER RAINS
TEI4P HELP V/E 2/25 KLUKAS
TENP HELP W/E 7/25 KLUI(AS
SANK OF AHERICA NT & SA APRIL INSTALLRENT PMT
BANTA ELECTR/C-REFRIGER INSTALL 2X6 LIGHT
BANTA ELECTRIC-REFRIGER INSTALL 2X6 LIGHT
BANTA ELECTRIC-REFRIGER SAFTEY INSPECT G SPT PRK FIELD
CALIFORNIA LANDSCAPE NA
CALIFORNIA LANDSCAPE HA
CALIFORNIA LANDSCAPE HA
CALIFORNIA LANDSCAPE HA
001590 CALIFORNIA REDEVELOI~N
001590 CALIFORNIA REDEVELOPHEN
001717 CALIFORNIA TRADE & COlel
000127 CALIFORNIAN, INC. 'LEGA
900135
000135
CENTRAL CITIES SIGN SER
CENTRAL CITIES SIGN SER
CENTRAL CITIES SIGN SER
001195 CENTRAL SECURITY SERVIC
900137 CHEVEGN U S A INC.
000137 CHEVEGN U S A INC.
900137 CHEVRON U S A INC.
001193 CONP USA, INC.
001016 COUNTRY SIGNS & DESIGNS
901878 CROMll REDALS
901878 CROMlt MEDALS
LOCKING BOXES IN PLANTER BEDS
LABOR
REPLACE CONCRETE a NEIGH PRKS
INSTALL CONCRETE a NEIGH PRKS
CALIF. NDA ANNUAL CONF:J.14EYER
RETURNED LUNCH TICKET
INTERNATIONAL EXHIBITION BOOTH
PUBLIC NOTICE (7776600'CI)
STREET SIGNS & MISC HARDgARE
STREET SIGNS & Ml~ HARDklARE
HANDICAP SIGN
CRC FIRE IIONITONING
FUEL EXPENSE FOR CITY VEHICLES
FUEL EXPENSE FOR CITY VEHICLES
FUEL EXPENSE FOR CITY VEHICLES
PRINTSHOP/MISC COMPUTER SUPPL!
CITY SEAL i PALA & LOIA LINDA
BASKETBALL NEDAL$ 61H, I/It lRE
BASI~TBALL REI)ALS SLg/RIBB
AC_~J_.BIT
NUI4BER
190-183-999-5370
901-2660
190-181-999-5]01
190-181-999-5~01
190-181-999-5301
190-180-999-5238
190-1S5-999-5310
100-166-601-5&02
901-140-999-5118
001 - 160-999-5118
390 - 10~0
190-180-999-5212
190-180-999-5212
190-180-9~9-5212
190-180-999-5~15
1~0-180-999-54,15
190-182-999-5212
190-180-~-5212
165-199-999-5261
165-199-999-5261
280-199-999-5264
001-161-999-5256
100-164,-601-52/~.
100-1(~.-601-52~
100-1&6-601-5264,
190-182-~-5250
901-170-999-57.62
901-163-999-5263
901-162-999-52~1
320-199-999-5221
190-180-999-524~.
190-183-999-5380
190-183-999-5380
ITBI
AJ4ClJNT
60.16
).35.16
/,?.50
7.80
3.92
16.8Q
195 .QO
335.01
255.96
127.f8
190.50
130.90
112.90
910.90
919.90
Z$8.75
18.73-
30.20
176.02
2?.8.6O
19.05
29.59
15.06
167.61
979.4~
125.16
125.16
CHEI:I(
ANalIT
836.14,
335.16
59.22
14,5.00
16.80
· 195.90
612.80
16~,030.25
2,071.00
30.2O
&21.67
~.90'
140.2/
167.4,1
9'~.4,&
CHEI~
NUNBIB
22825
22825
22825
22825
22826
22826
22827
22828
22829
22829
22829
22829
-'q30
~0
22830
22831
22831
22831
22831
22832
22832
22832
22832
22832
22832
22832
22832
22833
2283~
22836
228;54
228~
22835
22835
27535
16:35
CHECK
DATE
0~/Z~/95
03/231;5
031231;5
03/23/95
03123195
03123195
03/~/95
03123195
03/~/~
03/2]/95
03123195
03123195
03123195
031~1~
03123195
O3/23195
0018/8
0018/8
001393
001399
001399
001399
000155
000155
OO1893
001056
001056
OO1O56
001056
OO0165
000165
000165
000165
001002
001002
001002
001002
000170
000170
000170
000170
000170
000170
000170
000170
000993
000184
000184,
000184
OOO184
001164
001164
00116A
001166
CROIdi MEDALS
CROll MEDALS
DATA TlCl/T, INC.
DATA TICKET, INC.
DATA TICI~'T, INC.
DATA TICKET, INC.
DAVLIN
DAVLIM
DOUBLETREE HOTEL
EASTffi4N PERSONNEL SERV]
EXCEL LAMDSCAPE
EXCEL LANDSCAPE
EXCEL LANDSCAPE
EXCEL LANDSCAPE
FEDERAL EXPRESS, INC.
FEDERAL EXPRESS, INC.
FEDERAL EXPRESS, INC.
FEDERAL EXPRESS, INC.
FIRST INTERSTATE BANK C
FIRST INTERSTATE BANK C
FIRST INTERSTATE BANK C
F]RST INTERSTATE BANK C
FRANKLIN QUEST CONPANY,
FRANKLIN QUEST CaeAMY,
FRANKLIN QUEST CONPANY,
FRANKLIN GUEST COHPANY,
FRANKLIN QUEST COHPANY,
FRANKLIN QUEST COMPANY,
FRANKLIN QUEST COMPANY,
FRANKLIN QUEST Ca4PANY,
FREEDON COFFEE, INC.
G T E CALIFORNIA - PAY!q
G T E CALIFORNIA - PAYM
G T E CALIFORNIA - PAYM
G T E CALIFORNIA - PAYIq
GABRIEL, RICHARD
GABRIEL, RICHARD
GABRIEL, RICHARD
GABRIEL, RICHARD
CITY OF TBIEClJLA
i/CHECK REGISTEll
FOR ALL PERIOI)S
ITEM
DESCRIPTION
ACCOUNT
litSeER
BASKETBALL MEDALS BIN/ItIHE
FRE i GHT
190-183-999-5380
190-183-999-5380
CITATION PROCESSING DEC/NOV W,
CITATION PROCESSING DEC/NOV 94
UPDATED REPORT MOT RECEIVED
tJFq)ATED REPORT MOT RECKIVED
001-140-999-5250
001-170-999-5Z50
001-t40-999-5250
001-170-999-5230
AUDIO TAPING OF PLANNING COIl 001-161-~-5250
AUDIO TAPING OF 3/16 COUNCIL 001-100-~-5250
CORF:LENIUE OF CITIES COIl SER 1~0-180-~-5258
TE.14P HELP VIE 3/12 FORD
001-140-999-5118
REPLANTING RARGARITAED,
REPLANTING NARGARITARD.
REPLANTING NARGARITAED.
REPLANTING NARGARITA RD,
193-180-999-5415
193-180-999-5615
193-180-999-5615
193-180-999-5415
PRIORITY RAIL
PRIORITY IlL
PRIORITY IlL
PRIORITY 19.1L
001-162-999-5230
001-160-999-5230
001-161-999-5230
001-100-999-5230
56'7'3 ~ 0391 0081RR
56?3 ~ 0391 0081RR
56?'3 (>6(:4 0391 0172 RB
5473 666~ 0391 0131TE
001-100-999-5258
001 - 100-999-5260
001 - 150- 999- 5260
001-162-999-5258
CREDIT FOR RETURNED HERCHANDIS 001-110-999-5220
CLOCK/CALCULATOR/PAGEFINDER
ADDRESS/PHONE TABS
FOI4/RAINBOt4 PRK,COMPACT SIZE
ADDRESS LABELS, Ca4PACT SIZE
LIST/PLANNER SHEETS, CONPACT S
FREIGHT
TAX
001-1AO-999-5220
001-1AO-999-5220
001-1A0-999-5220
001 - 140-999-5220
001 - 140-999-5220
001-140-~39-5220
001 - 140-Q99- 5220
COFFEE SUPPLIES CITY HALL ~,0-199-999-5Z50
~ 181-1123 GEM
90~-1993 GEN
90~ 6f5-3564 CITY HALL ALARfi
90~ 69~-8632 GEN
320-199-999-5208
320-199-~-5208
320-199-999-5200
CITY YARD LEASE (APRIMAY/JURE)
CITY YARD LEASE (APR/NAY/JUNE)
CITY YARD LEASE (APR/NAYIJUNE)
CITY YARD LEASE (APR/MAYIJURE)
190-180-999-52~
190-1990
100-164-601-5234
100-1990
ITB4
JT
123.16
34.00
213.50
213,50
8.~-
8.~-
153 .~4
696.2]3
81:1.64
81.00
60.00
100.00
75.00
13.50
13.50
9.50
699.58
Z4.77
~4.75
43,60
8.57-
21.95
4.Q5
2.50
2.;55
3.16
116.85
553.58
1,023.34
52.82
27.4O
PA6E 3
410.50
8~9.57
811.6&
81.90
61.75
35.1Z
116.85
1,659.14
2,100.00
VOLICHRE2
O3/23/95
VOUCHER/
CHECK
NIMBER
22836
22836
22836
22836
22837
22837
22837
22837
22837
22838
22838
22838
22838
22838
22839
228~0
22861
228~1
22861
22842
228~2
228/,2
228~2
228~2
22842
22862
22843
228~
228~
228~5
228~6
228~7
2284~
22~8
2284~
228~8
228~8
16:35
CHECK
DATE
03123195
031Z3195
03123195
03123195
03123195
03123195
03123195
03123195
03123195
03123195
03123195
03/23/95
VEIl)OR
000177
000177
000177
000177'
0001/8
000178
0001/8
0001/8
000178
001009
001609
Q01609
001609
00160~
001060
000796
000796
0007W>
0001~4
0001~6
0001~.
00019~
000194
00019~
000194
001407
001894
0018~
001667
000206
QOQg~5
Q~5
QQ0965
QQ09~5
Q~5
M
GLENHIES OFFICE PROIXJCT
GLENHIES OFFICE PRCOIJCT
GLENHIES OFFICE PRODUCT
GLENHIES OFFICE PRODUCT
GOLDEN STATE TRADING CO
GOLDEN STATE TRADING CO
GOLDEN STATE TRADING CO
GOLDEN STATE TRN)!NG CO
GOLDEN STATE TRADING CO
GREATER ALARM COI4PANY,
GREATER ALARM COMPANY,
GREATER ALARM COleANY,
GREATER AI,AR~ COl4PANY,
GREATER ALAR14 C014PANY,
GRZSSETT, THERESA
HYATT
ICBO
ICBO
ICBO
1 c 14 A RETIRBIENT TRUS
I C 14 A RETIREKENT TRUS
I C H A RETIREMENT TRUS
I c H A RETIREMENT TRUS
! C H A RETIREKENT TRUS
! C M A RETIREKENT TRIJS
I c M A RETIREKENT TRUS
INTER VALLEY POOL BU~PL
JOHNSON FENCE C014PANY
JOHNSON FENCE C014PANY
KELLY TEMPORARY SERVICE
KINKO'S OF RIVERSIDE, I
L & 14 FERTILIZER, INC.
L P S COMPUTER SERVICE
L P S COMPUTER SERVICE
L P S CONPtJTER SERVICE
L P S COMPUTER SERVICE
L P S CCN)tJTER SERVICE
CITY OF TB~CULA
VOUCNER/C1483: REGISTER
FOE ALL PEIIIQ)S
ITEI4
DESCRIPTIGR
SliTtiE PLATE FOR CKSIGliER
MISC. OFFICE SUPPLIES
OFFICE SUPPLIES TCSD
OFFICE SIJPPLIES TCSO
HARD DRIVE 1148 SIll 32 PIN
141CROSOFT SERIAL 140USE CEll
FREIGHT
TAX
TONER CASE,KENORY CHIP & CARD
INSTALL ALARI4DETECTOES 6 YARD
INSTALL ALARH DETECTORS 6 YARD
INSTALL ALARM DETECTORS i YARD
CITY STORAGE ALAR14 NCIITOEING
CITY HALL ALARM MOIdITGRING SER
REFUND FOR TCSD CLASS
CONF:DEBT FINANCING:MCOER140TT
BUILDING SAFETY CAMPAIGN KIT
FREIGHT
TAX
000196 DEF CONP
000194 DEF ~
00019/, DEF ~
0001~ DEF COMP
000196 DEF CONP
000196 DEF COle
00019/, DEF C014P
POOL SIJPPLIES FOR C.R.C
INSTALL PRKING CURBS m, CEC
INSTALL BLACK IRON FENCE a CKC
TEMP HELP g/E 3/12 CLERICAL
COPIES OF PLANNING COMM AGENDA
BATTERY FOR TCSO EQUIP
FUSER ROLLER
PICJOJP ROLLERS
LABOR
NILEAGE
TAX
ACCOUNT
MUleER
001-160-F~9-5220
001-160-999-5E0
190-180-9~9-5220
190-180-999-5Z20
001-170-9F)-5221
~1-1~-999-5~1
001-1/0-999-5221
'.~1-1~-~-5~1
320-199-999-5221
100-166-601-S250
1~-1~-999-5~0
~1-1~-~-5~0
~0-1W-999-5~0
~0-1W-f99-5250
190-18~-6962
001 - 140-999-5261
001-162-99~-5228
001-162-999-5228
001-162-9q9-5228
001-2080
100-2080
190-2080
191-2080
1~2-2080
193-2080
34,0-208O
190-182-999-5212
190-182-999-5212
190-180-;-5212
001-161-999-5118
001-161-999-5222
190-180-999-5262
320-19~-9~-5215
320-199-9~-5215
320-199-999-5215
320-1~9-999-5215
)20-199-9~9-5215
ITEM
AMOUNT
75.~3
8.92
9.26
168.00
32.00
7.00
60.00
63.00
7.50
6.15
988.O7
222.02
475.96
65.51
75.00
80.06
22.50
25~.Z9
390.00
2,169.00
56~.02
12.56
52.72
250.00
60.00
10.00
21.70
NIOUItT
161.15
1,929.16
2.%.29
2,5)9.00
X4.02
12.56
52.72
601 ,/0
228A9 033123195 001251 LONG BEACH UNIFOR14 CO., OFFICER BADGES 001-170-999-52&2 699.50
tr""qE2
VOUCHER/
C~
Ntl4BER
22849
2285O
22851
22852
22853
22854
22855
22856
22856
22856
22856
22856
22856
-~'~6
.,
22857
22858
22859
22860
22860
22860
228~0
22861
228~.
22863
22863
2_~_863
22863
22863
22863
22863
22863
22863
16:35
CRE(:K
DATE
03123195
03123195
03/23/95
03123195
03123195
03/23/95
03123195
0~123195
03123195
0~123195
03123195
0~123195
0~123195
0~123195
~123195
03/23/95
03/23/95
03/23/95
031231~
03123195
~/231~
0~i23195
0~123195
0~123195
0~12~/95
0~/23/95
~1231
000216
OO129O
001905
000226
OO0883
O0088,3
000883
OO0883
000883
000883
000883
000883
000883
0006/,9
0013~A
001394
OO13~
00139/,
000~9
0002/,6
000266
0002~6
0002~6
000246
0002~6
000266
000246
000246
000246
000246
000246
M
LORG BEACH UIIIFDRIICO., T~
LOYA, LISA
LUNCH & STUFF CATERING
N C I TELECXX!IIICATIQN
REYER, JOHN
NEYER$, DAVID
H l CRO AGE CCNPUTER CENT
II3IITELEOtiE EXCAVATING
MOIITELEONE EXCAVATING
MONTELEOIIE EXCAVATING
140NTELEUNE EXCAVATING
MONTELEUNE EXCAVATING
HONTELEQNE EXCAVATING
MONTELEONE EXCAVATING
I40NTELEORE EXCAVATING
MONTELEONE EXCAVATING
t4UNOZ, SAL J.
MURRIETA CHAMBER OF C(14
HURRIETA CHARBER OF ca4
NATIONAL SANITANYSUPPL
NATIONAL SANITARYSUPPL
NATIONAL SANITARYSUPPL
NATIONAL SANITARYSUPPL
NATIONAL SENINARS GROUP
OLSTEN STAFFING SERVICE
PERS CERPLOYEES' RETIRE.
PERS (EMPLOYEES; RETIRE
PERS (EMPLOYEES' RETIRE
PERS (EI~LO~ES; RETIRE
PERS (BPLOYEES; RETIRE
PERS (BIPLOYEES' RETIRE
PERS (EHPLOYEES' RETIRE
PERS (EMPLOYEES' RETIRE
PERS (ENPLOYEES' RETIRE
PERS (ENPLOYEES' RETIRE
PERS (EMPLOYEES' RETIRE
PERS (EHPLOYEES; RETIRE
CITY Of TBIECLILA
VOUCNF, R/ClIEC~ SISTER
FOR ALL PERIIX)8
ITEM
DESCRIPTION
REFUND FOR TC51) CLASS
CATERING SERVICES FOR CM DEPT
LONG DISTANCE CARRIER CHARGES
CRA STATE CORF 319-10/95 NEYER
TCSD INSTRUCTOR EARNINGS
LABOR - REPAIR OF DFXSO00 PTR
ENERGENCY ~ DUE TO RAINS
B4ERGENCY MORK DUE TO RAINS
REPAIR DRIVEVAY & DRAINAGE
ENERGENCY UORK PERFORfiB)
EMERGENCY M:)RK DUE TO RAINS
EHERGENCY gORK DUE TO RAINS
EHERGENCY bJORK PERFORHED
ERERGENCY IdORK DUE TO RAINS
EHERGENCY UORK DUE TO RAINS
CONF:LEAGUE OF CA; S. HUNOZ
1995 STATE CAPITOL VISIT:NJM
AIRFARE-95 STATE CAPITOL-MJM
NAINT. SUPPLIES FOR CRC
SANITARY SUPPLIES i CITY HALL
RAINT. SUPPLIES FOR CRC
SANITARY SUPPLIES - SR CENTER
COMF:POUERFUL PRESENTATION SKI
TBIP HELP WE 2/26
000246 PER REDE
000246 PERS RET
000246 PERS RET
000246 PERS RET
000246 PERS RET
000246 PERS RET
000246 PERS RET
000246 PERS PET
OO02~6 PEltS RET
OO02~ PERS RET
O00246 PERS RET
NUI4BER
001-170-999-5242
190-18~-6982
OO1-110-999-5260
320-1W-;-5208
165-199-999-5Z61
190-183-999-5330
320-199-999-5215
100-164-601-5401
100-164-601-5601
100-164-601-5402
100-166-601-5~)2
100-166-601-5401
100-16~-601-5601
100-164-601-5402
100-164-601-5401
100-164-601-5401
001-100-999-5258
001-110-999-5258
001-110-999-5258
190-182-~-5212
340-199-9f9-5212
190-182-9~-5212
W0-181-~-5212
001-161-~99-5258
OO1-162-999-5118
001-2130
001-2390
100-23~0
165-23f0
, 190-2390
191-2390
1~2-2390
193-2390
~0-~
ITE!I
54.21
32.50
~81.65
256.00
110.00
10,652.00
6,510.(X)
2,785.00
5,201.00
8,820.00
1,75A.00
9,356.00
15.05
280.00
1~0.00
261.29
377.34
24~3.16
383.81
79.00
374.40
-43.06
11,8~.~0
2,4/8.55
76.46
2,~.69
97.59
319,45
239.71
37.4~)
268.21
PAGE 5
CHECK
ANCXJNT
75"5.11
15.00
32.50
981.45
10'5.48
256.00
110.00
54,466.00
15.05
280,00
WO.O0
1,265 .EO
79.00
3?4 .M)
VGJCHRE2 CITY OF TEMECULA
03/23/95 16:35 VOUCIER/C, IECIC REGISTEr
FGII ALL PERIGDS
VOUCHER/
CHECI: CHECK VENDOR VEiN ITEM ACCOUNT
tJ4BER DATE IIIER RN4E DESCRIPTION NUMBER
ZTB4
AleXIT
CHEG(
AleXIT
22863 03/23/95 80024~ PERS (EMPLOYEES' RETIRE 0002/6 PERS RET 3/,0-2390
22863 03/23/95 0002&6 PERS (EMPLOYEES' RETIRE 0002/6 SURVIVOR 001-2390
22863 03/23/95 0002/6 PERS (BIPLOYEES' RETIRE 0002/6 $IIVIVOR 100-2390
22863 0:5/23/95 0002/6 PERS (ENPLOYEE$~ RETIRE 0002/6 SURVIVOR 165-2390
22863 0:5/23/95 0002/6 PERS (BIPLOYEE$' RETIRE 0002A6 SURVIVOR 190-2390
22863 03/23/95 0002/6 PERS CE!4PLOYEES' RETIRE 0002/6 SURVIVOR 191-2390
22863 03/23/95 0002/6 PERS (E!4PLOYEES' RETIRE 0002/6 SURVIVOR 192-2390
22863 03/23195 0002/6 PERS (EHPLOYEES' RETIRE 0002/6 SURVIVOR 193-2390
22863 03/23195 0002/6 PERS (E!4PLOYEES# RETIRE 8002&6 SURVIVOR
22863 03/23/95 0002/6 PERS CEMPLOYEES' RETIRE 0002/6 SURVIVOR
22863 03/23/95 0002/6 PERS CEMPLOYEES' RETIRE 0002/6 SURVIVOR 320-2390
22863 03/23/95 0002/6 PERS (EMPLOYEES' RETIRE 0002/6 SURVIVOR 330-2390
22863 0:5/23/95 0002/6 PERS (EMPLOYEES' RETIRE 0002/6 SURVIV(I 3~0-2390
301.05
67.51
11.15
.23
13.62
.62
1.~
.7~
.23
2.00
18,769.lX
228~ 03123195 000269 PETTY CASH PETTY CASH REINB. 801"160'999'5261
2286~ 03/23/95 000269 PETTY CASH PETTY CASH REINS. 001-110-F29-5258
2286~ 03/23/95 000269 PETTY CASH PETTY CASH SEElIB. 190-180-999-5260
2286~ 03/23/95 000269 PETTY CASH PETTY CASH REIMB. 190-180-999-5220
228~ 03/Z3/95 000269 PETTY CASH PETTY CASH RE[lIB. 190-183-9;9-5350
2286~ 03/23/95 000269 PETTY CASH PETTY CASH REiMB. 001-165-999-5261
2286/, 03/23/95 000269 PETTY CASH PETTY CASH REiMB. 320-199-999-5242
2286~ 03/23/95 000269 PETTY CASH PETTY CASH REi!4B. 001-150-999-5260
2286~ 03/23/95 000269 PETTY CASH PETTY CASH REIMB. 801-150-999-5265
2286~ 03/23/95 000269 PETTY CASH PETTY CASH REiMB. 100-16~-601-5216
2286/, 03/23/95 000269 PETTY CASH PETTY CASH REZMB. 100-16~-602-5260
2286~ 03/23/95 000269 PETTY CASH PETTY CASH REiMB. 190-183-999-5320
228~ 0-3/23/95 000269 PETTY CASH PETTY CASH REINB. 001-110-999-5260
228~ 03/23/95 000269 PETTY CASH PETTY CASH REile. 001-160-999-5258
228~ 03/23/95 000269 PETTY CASH PETTY CASH REiHll. 001-100-999-5258
21.~
~.~
14.42
3.~
16.~
11 .~
15.80
30 .~
:55.00
316.31
22865 0.312:5195 000580 PHOTO VOelCS FIL!I &PHOTO DEVELOPING 190-180-999-5301
22865 03/23/95 000580 PHOTO I~ORKS FiLN AND FILII DEVELOPING 190-180-999-5301
228&5 03/23/95 000580 PHOTO k~RKS FILN &PHOTO DEVELOPING 190-180-999-5301
5.38
16,0&
29,51
2280& 0-3/23/95 000255 PRO LOCK &KEY TC$1) LOCKSRITH SERVICES 190-180-999-5212
22866 0-3/23/95 000255 PRO LOCK & KEY LOCKEMITH SERVICE FOR CiTY HAL 3~0-199-999-5212
228&& 03/23/95 000255 PRO LOCK &KEY TCSO LOCKSNITH SERVICES 190-180-999-5212
22867 03/23/95 0005/6 RADIO SHACK A/B SIdlTCH 320-1~9-999-5221
22867 03/23/95 ~ RADIO SHACK MISC C04PUTER SUPPLIES 326-199-999-5221
969.32
66.61
25.08
SO .61
7.53
1,061.01
58.16
22868 0-3/23/95 801253 RAGAN C(MI4UN]CATIONS $tJBSCRIP:II)RKING C(IllUNICATON 801-161-999-5228
22870 0-3123195 800907
22870 03123195 000907
22870 0-3123/95 000907
22870 0-3123/95 000907
RANCHO CALIFONNIA MATER
RANCliO CALIFORNIA HATER
RANCHO CAR VASH
RANCHO CAR k;ASH
RANCHO CAR VASH
RANCliO CAR UASH
MATER SERVICE 1/25-3/1/95
HATER SERVICE 1/25-3/1/95
CITY VEHICLES MASHING EXPENSE
CITY VEHICLES MASHING EXPENSE
CITY VEHICLES MASHING EXPENSE
CITY VEHICLES MASHING ~
190-180-999-524,0
193-180-999-5Z~0
190-180-999-5216
801 - 110-999-521&
801-162-999-5216
801 - 163-999-5216
639.2&
1,01Z.05
33.97
26.50
1,651.~9
VOUCHER/
CHEClC
NtNBER
22871
22871
22871
22871
22871
22872
22872
22873
22873
22873
2287'3
2287'3
22873
2287'3
2287~
22875
5
2287&
22877'
22878
22878
2287V
22879
2287g
2287V
2287V
22881
22881
22881
22881
22881
22882
2?,883
16:35
CHECK
DATE
03123195
03123195
03123195
0312331955
03123195
03/23/95
03/23/95
03/23/95
03/23/95
03/23/95
03/23/95
03123195
03123195
C[5/23/95
NtMBER
000875
000875
000/04
000704
00070/,
00070/,
0OO704
000704
000704
000278
000793
OO0793
OO0793
00~03
000~.
000519
000519
000537
000537
000537
000537
000537
001212
000375
OO0282
000305
O00320
MANE
RANClIO INDUSTRIAL $IJPPL
RANClIO INDUSTRIAL SUPPL
RANCHO INDUSTRIAL SUPPL
RANClIO INIXISTRIAL SUPPL
MANCHO INDUSTRIAL SUPPL
ROBERTS, RONALD H,
ROeERTS, RONALD H.
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/INLANDOIL
S K S, INC/INI.AII) OIL
S K S, INC/INI.AND OIL
SAN DIEGO UNION TRIBUNE
SCANTRON CORPORATION
SCANTRON CORPORATION
SCANTRON CORPORATION
SHAt,/N SCOTT POOL & SPA
SIERRA COHPUTER SYSTEMS
SOUTH COUNTY PEST CONTR
SOUTH COUNTY PEST COMTR
SOUTHERN CALIF BISON -
SOUTHERN CALIF EDISON -
SOUTHERN CALIF EDISON -
SOUTHERN CALIF EDISON -
SOUTHERN CALIF EDISON -
SOUTHERN CALIF GAS COMP
SOUTHERN CALIF TELEPHON
SOUTHERN CALIF TELEPHON
SOUTHERN CALIF TELEPHON
SOUTHERN CALIF TELEPHON
SOUTHERN CALIF TELEPHQN
SOUTHERN CALIF. leJNICIP
TARGET STONE
TOMIE CENTER STATIONERS
U C L A EXTENSION
CITY OF TBIECULA
VOUCIER/CHECK REGISTER
Fat ALL PEItlGOS
11114
DESCRIPTION
CITY MALL JANITORIAL SUPPLIES
CITY MALL JMITORIAL $UP91,,IE$
VISQUEEN FOR EROSION COMTROL
JANITORIAL SUPPLIES B CITY YAR
TCSD MAINTENANCE SUPPLIES
CPRC COliF-SAN JORE-3/1-6/95
MATIOIIAi. LEAGUE CONERESSIOMAL
FUEL FOR CITY VEHICLES
FUEL FOR CITY VEHICLES
FUEL FOR CITY VEHICLES
RJEL FOR CITY VEHICLES
FUEL FOR CITY VEHICLES
FUEL FOR CITY VEHICLES
FUEL FOR CITY VEHICLES
RECRUITMENT/IDVERTISING
SCANTRON FOIU4S (5,000)
FRE 1GHT
TAX
POOL SERVICE B TEHECULA ELEMEN
SIERRA ANNUAL CONF:T. MAFELI
PEST CTRL SERVICES i CITY MALL
PEST CTRL SERVICES i CEC
43 77 077 5200 01 1127-2/28195
43 770775600 01 2/1-2/28/95
56-77-755-0157-01 2/7-3/9/95
56-77-755-0159-01 2/7-319195
59-77-416-2147-01 2/9-3/14/95
07-8274-036-1451-3 219-3113/95
00~ 202-4759 TE
00~206-0~j~2 BH
909 202-6755 CITY VAN
909202-4754 KH
909 312-0~74 EOC
VOLLEYBALL TFJU! REGISTRATION
RECREATION SUPPLIES
OFFICE SUPPLIES COIl SERVICES
IdKSHP:HELLO-ROOS & SPECIAL ASS
NUMBER
340-199-999-5212
340-199-999-5212
100-1d4-N)1-5218
100-1~4-N)1-5218
190-180-999-5212
001-100-999-5258
O01-100-999-5258
001-150-9q~-5254
100-164-604-5222
100-16/,-604-5222
100-166-604-5222
100-180-~-5212
320-1~9-~-5258
100-182-~-5250
192-180-999-5319
191-180-999-5319
191-180-999-5319
191-180-999-5319
191-180-999-5240
1~0-181-999-5240
001-162-999-5208
190-180-999-5208
100-180-999-5208
190-180-999-5208
320-199-999-5208
190-183-999-5380
100-182-999-5301
190-180-999-5220
001-161-999-5261
ITEN
AMOUMT
249.02
209.20
511.81
~36.18
257.31
26.9O
115.96
15.72
43.66
116.00
661.93
31.80
?Q.97
89.69
493.92
68728
17.39
53.52
2&8.00
175.00
42.00
20,706.24
6,178,41
220.52
(~,.61
18.15
32.19
38.12
51.19
107.01
44.05
56.00
168.~8
620.00
PAGE7
1,563.52
142.86
1,029.7'/
693.92
758.30
26L00
175.00
27,179.93
32.19
28/.42
56.00
168.68
19.05
620.00
VOUCHRE2
03/23/~5
16:35
CITY OF TBIECULA
VOUCHER/CIIECX RL~ISI'=R
FIX ALL PERIODS
VOUCHER/
~E~
NUMBER
22887
22887
22887
22888
22888
22888
22888
22888
22889
22889
2288~
22889
22889
22889
22891
22892
228~2
228~2
CHECK
DATE
03/23/95
03123195
03123195
03123195
03/23/95
03)123195
HUNGER
~1~5
N1065
~1~5
001~5
~1065
~1~5
000389
00O389
OO0389
OOO325
0OO325
OOO325
OO0)25
O0O325
000326
000326
000326
000326
000326
001209
001076
O01703
001703
001703
M
ITB!
DESCRIPTION
U S C 14/PEBSCO (DEF. C 0010~5
U S C !l/PEBSCO CDEF. C 001065
U S C 14/PEBSCO (DEF. C 0010~5
U S C n/PEBSCO (DEF. C 001065
U S C N/PEBS00 (DEF. C 001065
U S C H/PEBSCO (DEF. C 001065
u s c H/PEBSCO (OBRA) 000~8~
U S C n/PEBSCO (OeRA) 00038~
U S C N/PEBSCO (OBRA) 000.T~
DEF COHP
DEF COIF
DEF CONP
DEF COI4P
DEF COIIP
DEF COI4P'
PT RETIR
PT RETIR
PT RETIR
UNITED MAY OF THE INLAId 000325
UNITED MAY OF THE INLAId 000325 UV
UNITED MAY OF THE INLAN 000325
UNITED MAY OF THE INLAN 000325
UNITED MAY OF THE INLAN 000325 LN
UNITOG RENTAL SERVICE,
UNITOG RENTAL SERVICE,
UNIT(3(; RENTAL SERVICE,
UNITOG RENTAL SERVICE,
UNITOG RENTAL SERVICE,
UNXTOG RENTAL SERVICE,
VAULT INC., THE
MESTERN HASTE, INC.
001-2080
100-2080
190-2080
300-2080
320-2080
3~0-2080
XEROX-COPIER SOURCE
XEROX-COPIER SOURCE
XEROX-COPIER SOURCE
001-2160
'100-2160
190-2160
001-2120
100-2120
165-2120
190-2120
280-2120
UNIFORMS MAINT FOR PM
UNIFORM NAINT FOR TCED
UN[FONM MAINT FOR TCSD
FLOOR MATS RENTAL t CITY MALL
FLOOR MAT RENTAL a CRC
FLOOR MATS RENTAL O SR CENTER
100-164-601-52&3
190-180-999-5243
100-180-999-5243
3A.0-199-999-5250
190-182-999-5250
190-181-999-5250
NiCROF[LN DATA STORAGE
330-199-999-5277
PORTABLE TOILET RENTAL
190-180-999-5238
coPY CART FOR XEROX 5021ZTA
TONER FOR XEROX 5021ZTA COPIER
TAX
100-182-999-5Z39
190-182-999-5Z39
100-182-999-5Z59
TOTAL CHECKS
ITB4
aT
1,875,99
271.50
5,00
312,50
50.00
219.92
59.26
283.30
58.45
10,05
./5
17.00
.75
29.66
16.85
17.93
3~,50
38.23
18.00
142.04
455,00
371.00
216.00
45.50
CHECK
NIXJIlT:
2,6~7.22
562.~8
87.00
15b.
142,04.
455.00
632.50
:5:50,671.60
15:13
CITY OF TEMECULA
VOUCHER/CIIECK REGISTER
FOIl ALL PENIGDS
PAGE 6
FUND TITLE
001 GENERAL FUND
100 GAS TAX FUND
190 COII4UNITY SERVICES DISTRICT
191 TCSD SERVICE LEVEL A
210 CAPITAL IMPROVEMENT PROJ FUND
280 RE'DEVELOPMENT AGENCY - CIP
320 iNFORMATION SYSTEMS
330 $tJPPORT SERVICES
3/,0 FAC[L[TTES
TOTAL
AMOUNT
16,418.65
4,/,66.18
6,567.89
1,122.77
1,132,98
11,3/,0.13
2,960.18
4,321.07
10,767.67
59,097.52
/OUCHRE2
3S/30/95 15:13
CITY OF TEHECtJLA
VOUCIER/CHECI( REGISTER
FOG ALL PERIODS
VOUCHER/
CHECk:: CHECK VEIl)OR VEIlDOlt
IRJIER DATE ~ER I
22898 03/20/95 OOQg~O ANGXPERT SYSTB4S
22899 03/20/95.001357 ACTION COIIIUNICATIOGS,
22899 03/20/95 OO1357 ACTION CCIIINICJkTIONS,
22899 03/20/95 001357 ACTION CO144UNICATIOGS,
22900 03/20/95 000106 ALFAX VNOLESALE FURNITU
22900 03/20/95 000106 ALFAX UHOLESALE FURNITU
22900 03/20/95 000106 ALFAX UHOLESALE FURNITU
22901 03/20/95 001375 ANER[CAN CONSTRUCTION
22902 03/20/95 00131/, ANERICAN PLANNING US(X;
22903 03/20/95 000101 APPLE ONE, INC.
22903 03/20/95 000101 APPLE OGE, INC.
22903 03/20/95 000101 APPLE ONE, INC.
22903 0:3/20/95 000101 APPLE OGE, INC.
22903 03/20/95 000101 APPLE ONE, INC.
2290:3 0:3/20/95 000101 APPLE ONE, INC.
2290:3 0:3/20/95 000101 APPLE ONE, INC.
22~03 0:3/20/95 000101 APPLE ONE, INC.
2290~ 03/20/95 000~7~, ARBOR-PRO TREE SERVICE
22~05 03/20/95 000~1 AROUNO A BUCK
2290(> 03/20/95 000~75 B H T PUBLICATIONS, INC
22~06 03/20/95 000~75 B N Z PUBLICATIONS, INC
22907 03/20/95 00062~ BARB'S BALLOONING AFFAI
2L~08 03/20/95 000120 BICKNELL TRAVEL CENTER
2290~ 03/20/95 BUCARO CONSTRUCTION CO.
22910 03/20/95 001006 SURTRONICS BUSINESS 'SYS
22~11 03/20/95 O00q2~ C A P P O, INC.
22912 03/20/95 O001Zf CALMEST RENTAL CENTER,
22~13 03/20/95 000127 CALIFOGNIAN, INC.-LEGA
22~13 03/20/95 000127 CALIFOGNIAN, INC. -LEGA
22~13 03/20/95 000127 CALIFOGNIAN, INC. -LEGA
22~13 03/20/95 000127 CALIFOGNIAN, INC. -LEGA
22913 03/20/95 000121 CALIFOGRIAR, INC. -LEBA
22~1/, 03/20/95 000)87 CAREER TBACK $EHINARS N
22~15 03/20/f5 000138 CITICORP NORTH N4ERICA
ITEN AccouIrr ITEN CHEII
DESCRIPTIOG NUHBER AHOIJIrr AHOUNT
ACCIDENT RE-CQtlSTItUCTIOG OOFTM OD1-170-9°9'5221
INSTALL POLICE RADIO ON IOTOGC
INSTALL POLICE PJIDIO OG NOTOGC
INSTALL IrcATHERPROOF BOX
001-170-;-5214
001-170-~R-5216
001-170-;-5216
FOLDING TABLES WSTEEL LEGS
FREIGHT
TAX
190-181-999-5381
190-181-9q9-5301
190-181-999-5301
ANNUAL DUES RENE!IM.
001-165-;-5226
ODNF:PLNiNING PROFESSION 31231 OO1-161-999-5261
TE!4P HELP WE 1/28 REER
TENP HELP N/E 21/, REER
TEle HELP M/E 2/11 SUTTON
TEldIP HELP M/E 2/18 NEER
TBIP HELP M/E 2/18 PO~LL
TE!e HELP M/E 2/25 P(h4ELL
TEMP HELP M/E :3/4 NEER
TEHP HELP M/E :3/18 CHESHIER
280-1~-~-5250
280-1W-~-5250
~30-1~-~-5118
280-1~-~-5250
001-1/,0-~-5118
1~0-180-~-5118
280-1F}-~-5250
1~0-180-~-5118
5 TREES TRINI4ED-!IASTERS DR/CLA 100-16/,-001-5/,02
TCSO EASTER HUNT SUPPLIES
1~0-103-~-5370
PUB:STANDARD PLANS & PU CONSTR 100-16/,-604-5228
PUB:STANDARD PLANS & PU CONSTR 190 -180 -999-5228
TCSO EASTER HUNT SUPPLIES 190-183-999-5370
AIRFABE:MEBSTER:PLANNER INST 001-161-999-5258
GRADING PRHT OVRCHG LDgA-226GR OO1-2670
ENGINEERING COPIER NAINT CONTR 330-199-999-5217
CONF:PRCH & PROF SERVS:THOGBOR 001-14,0-999-5261
SCISSORLIFT RENTAL FOG TCSD lf0-180-;-5238
PUBLIC HEARING (7/71969'Cl)
PUBLIC HEARING C7771989'C13
PUBLIC HEARING (7771989wcl)
PtlLIC HEARING (7771989'C13
PUBLIC HEARING (7771989~CI)
001-120-~-5254
001-120-~-525/,
001-120-~-525&
001-120-~-5254
001-161-~-5256
CONF:SELF-DIRECTED TM:ROBER 001-170-999-5261
LEASE PI4T FOR TELEPHONE SYSTEN :320-2800
/,95.00
5A7.85
792.00
f2.OO
65.3~
230.00
27.OD
103,20
20~.63
307.02
277'.35
216.72
1~
126.~2
75O.0O
50.00
187.27
8~.17
154.00
IO0.OD
IS,00
96.19
76.76
39.72
38,69
32.52
14~ ./,4
1,7V7.19
9~9.3~
230.00
27,00
1,517
?50~Ou
50.OO
271
172 ./,O
156.OO
lOO.OO
65.OO
96.19
252.~,5
15:13
CITY OF TBefCULA
VIXICIIB/CHECIC REGTSTER
FOR ALL PERIODS
PAG~
~UCNER/
CHECK CHECK
HUliER DATE
22915 03/20195
22916 03/20/95
22917 03/20/95
22918 03/20/95
22919 03/20/95
22~20 03/20/95
22920 03/20/95
22921 03/20/95
22922 03/20/95
2292] 03/20/95
2292~ 03/20/95
03/20/95
&
22,rc~ 03/20/95
22926 03/20/95
22927 03/20/95
22928 03/20/95
22928 03/20/95
22928 03/20/95
22928 03/20/95
22928 03/20/95
22928 03/20/95
22929 03/20/95
22930 03/20/9S
22931 03/20/95
22932 03/20/95
22933 03/20/95
229:]3 03120195
229~3 03/20/95
229~3 03120195
22933 03/20/95
~ 03/20/9S
03/20/95
~ 03/20/95
VENDOR VENDOR
NIMBER NAIIE
000138 CITICORP NORTH HRICA
001267 CITY-VIDE ELECTRORIC SY
000146 COSTCO gHOLESALE COltPOe
000155 DAVLIN
ETEH
DESCRIPTION
LEASE PtlT FOR TELEPHONE SYSTBI
SR CNTR ALAR!4 HOHITORING 2 QTR
TCSD EASTER HUNT SUPPLIES
PLANNING CONH TAPING 3/20
000518 DEL RIO CARE A!IIlIAL HO$ MEDICAL CARE FOR POLICE DOG
001673 DIVERSIFIED TE!!PI3UIRY S TBIP HELP M/E ?./26 FRITCHEY
00167'5 DIVERSIFIED TENPORARY S TENP HELP U/E 3/19 FRITCIIEY
000609 DOUBLETREE HOTEL
HOTEL:LEAGUE C0144 SERVS:G.RUND
001~0~ DOUGLAS, JOHN
TUNE PIANO AT SR CNTR
001350 DUN & BRADSTREET
RDA CREDIT INFORNATZON B(X)I(S
0019O9 DYNATECH TACTICAL
DC & AC POlaR IIMIDS
001893 EASTNAN PERSONNEL SERVI TEHP HELP H/E 3/19 FORD
001893 EASTNAN PERSONNEL SERV/TEll} HELP VIE 3/26 FORD
000350 ELHO, ANTHOtlY
COHF:ANItUAL BIJILD OFFICIALS
001701 EXCEL RENTAL CENTER SKIPLOADER RENTAL
001002
001002
001002
001002
001002
001002
FIRST INTERSTATE BANK C
FIRST INTERSTATE BANK C
FIRST INTERSTATE BANK C
FIRST INTERSTATE BANK C
FIRST INTERSTATE BANK C
FIRST INTERSTATE BANK C
5673 6666 0391 0099 JS CCONF)
5673 66(:4 0391 0166 S;4 (HOTEL)
5673 ~ 0:591 0162, SH (HOTEL)
5673 ~ 0391 0032 HJH (CONF)
5673 6664, 0:591 0057 SN
5673 66~ 0391 0057 SN
001103 FREEDOH NATERIAL$
REPAIR ~JRK TO CHANNEL 3/11-12
001866 FUN BIKE CENTER, INC. REAR NOTORCYCLE TIRES
G T c 1JEST 1995
COlIF: GOV'T TECHNOLOGY:EAFELZ
00018~ G T E CALIFORNIA - PAl14 9(}9 699-2675 CITY YARD PHONE
000177 GLENNIES OFFICE PRaDUCT
000177 GLENNIES OFFICE PR6XJCT
000177 GLENN[ES OFFICE PRODUCT
000177 GLENHIES OFFICE PRODUCT
000177 GLENNIES OFFICE PRQOUCT
0O0177 GLENNIES OFFICE PRCOUCT
000177 GLENNZES OFFICE PRCOUCT
000177 GLENNIES OFFICE PlffiOUCT
HISC OFFICE SlIPPLIES
HEY CONTROL $YSTB4 60 KEYS
TAX
HLP HEATERS WTHEN4
TAX
OFFICE SUPPLIES/BLDG & SAFETY
NISC OFFICE SUPPLIES
HISC OFFICE SUPPLIES
ACCOUNT
IItNBER
320-199-999-5391
190-181-999-5250
190-183-999-5370
001-161-999-5250
001-170-999-5327
001-161-999-5118
001 - 161-999-5118
190-180-999-52S8
190-180-999-5301
280-199-999-5250
001 - 170-999-5215
001 - 160-999-5118
001 - 160-999-5118
001-162-999-5258
100-1(34-601-52:58
001-100-999-5258
001-100-999-5258
001-1170
001-110-999-5258
190-180-999-5260
190-180-999-5258
100-16/,.-601-5218
001-170-999-5216
320-199-999- 5258
100-16/,-601-5208
100-180-999-5220
3.&0-199-999-5212
:5/,0-199-999-5212
001-160-999-5242
001 - 1~0-999-5262
001-162-999-5220
001-14,0-999-5220
190-180-999-5220
ITEN
N4OUlIT
162.72
1~ .00
A00.00
150.~
1~.75
288.~
722.60
202.~
60.00
550.00
10:5.79
668°00
~5.~
150.~
7.95
38.%
1~.~
1~.70
826.0:5
12.~
59.B
75.18
5.B
111.~
7.~
CHECK
MI01MT
1,627.57
103.00
600.00
150.00
176.75
1,011.~6
202.91
60.00
550 .O0
103.79
561
US .09
1,381
163.70
VOUCHRE2
03/30/'95 15:13
CITY OF TBIECtr,.A
VOUCHER/CHECK REGISTER
FOR ALL PERIODS
VOUCHER/
CHECK CNECK
IIUI48ER DATE
2293/* 03/20/95
2293~ 03/20/9~
2293~ 03/20/9~
22935 03/20/95
22936 0312019~
22937 03/2019~
22938 03/20/9~
22939 03120195
229~0 03120195
229/.1 03/20/95
229~1 03/20/95
229/*2 03/20/95
229/,2 03/20/95
229~3 03120195
229~ 03/20/95
229~5 03/20/95
229~5 03/~0/95
229~6 03/20/95
229~7 03/20/95
229~8 03/20/95
229~9 03/20/95
229~0 03/20/95
22951 03/20/95
2~2 03/20/95
22953 03120195
22953 03/20/95
2295/* 03/20/95
2295/* O3/20/95
2295/* 03120195
22955 03120/95
VelX31t
mR
0001~
0001~
000871
001119
000860
000205
VENDOR
M
GLOBAL CI34PtJTER SUPPLIE
GLOBAL COI4PtJTER SUPPLZE
GLOBAL COMPUTER SUPPL[E
HALE, NARCY
HARDIN, BERNICE
HILTON
HOUSTON & HARRIS PIPE C
JOCHUM, LOR1
KIDS PARTIES, ETC,
000206 KINKO'S OF RIVERSIDE,
006206 KINKO'S OF RIVERS[DE,
001123
001123
00153A
001199 LEAGUE OF CAL. CITIES
001513 LISERTY AUTO CENTER
001513 LIBERTY AUTO CENTER
00021/ LUNCH & STUFF CATERING
001870 MENK, HELGA
001526 NICHAELS STONES, INC.
~ILLER, SOPHIE
000228 liDelL, INC.
001067 N P G CORP.
ITEM
DESCRIPTION
SiNK)PERFECT IJPGRN)E
FREIGHT
TAX
REFUND FOG TCSD CLASS
REFUND FOG TCSO CLASS
HOTEL:ECONOMIC DEVEL COGF:NELS
EMERG CLEAN DRAIN*RANCHO VISTA
TCND INSTRUCTOR EARNINGS
TCSD RASTER HUNT SUPPLIES
PRINTING CHARGE
PRINTING CHARGE
KNOX INDUSTRIAL SUPPLIE SMALL HAND TOOLS FOG HAINT CRE
KNOX INDUSTRIAL SUPPLIE TAX
LA HASTERS OF FINE TRAV AIRFARE:CA EXECUT.ACADEHT:ROBE
CONF:COHI4 SERVS COle1 G.RUND
TCSO VEHICLE HAINT & REPAIRS
B&S VEHICLES REPAIR & MAINT
CITY COUNCIL MEETING 3/28/95
TCSD INSTRUCTOR EARNINGS
TCSD CRAFT CLASS SUPPLIES
REFUND FOR TCSD CLASS
FUEL EXPENSE FOG CiTY VEHICLES
EMERG ASPHALT PATCH VliK
ACCI/MT
IIUI4BER
3Z0-199-999-5221
320-199-999-5221
320-199-999-5221
190-183-6986
190-183-/.986
i90-180-999-5238
100-16A.-601-5/,.01
190-183-999-5330
190-183- ,"~,-5370
001 - 161-999-5222
001 - 161-999-5222
100-16A-601
100-164-601-52/2
061-100-999-5258
190-180-999-5258
190-180-999-521/,
061-162-999-521/,
001-106-999-5260
190-183-999-5330
190-183-999-5320
190-183-/.986
061-161-999-5262
100-164-601-5602
NEXTEL COI414UNICATIONS,
O00Z~9 GLSTEN STAFFING SERVICE
000239 OLSTEN STAFFING SERVICE
000580 PHOTO M OR KS
000580 PHOTO M OR KS
000580 PHOTOUORKS
000253 POSTMASTER
DISPATCH UDIGS NNTHY COVERAGE 320-199-999-5209
TENP HELP WE 2/19 GEAGE
TEI4P HELP Id/E 3/5 GRAGE
061-162-999-5116
061-162-999-5118
FILM & PHOTO DEVELOPING
FILM & PHOTO DEVELOPING
FILM & PHOTO DEVELOPING
001-100-999-5250
061-100-999-5250
190-180-999-5301
RENEI~ BULK HATE PER!lIT 15 330-199-999-5230
ITEH
AJ40~T
289.95
10.65
23.01
?.O0
2~.M
%0.00
115.~
55.00
16.64
3~.53
1~.00
200.00
2~-~
532.57
~.00
19.20
7.00
13.~
10.~
5.~
mT
323.61
7.OO
7.00
206.08
115.20
396 .~,~
799.86
80.00
19.20
/*0.00
13.3'1
936,06
63.19
~iJp/~ CITY OF TBECULA
)3A 15:~3 VOUCHER/CEaC REaXSTER
FOIl ALL PERIOOS
PAlt
iOIJCHER/
:HEC3C: CHE{3:: VENDOR VENDOR ITB!
,K,II~ER DATE NUIIER M DESCRIPTIOII
22956 03/20/95 PUCCIO, TINA REFUND FOR TCSD CLASS
2295? 03/20/95 00094? RANCliO BELL BLUEPRINT C BLUEPRINT FOR SPT PRIC leOV~
2295? 03/20/95 OO09z,? RANCliO BELL BLUEPRINT C BLUEPRINT FOR SPT PRK INPROVEM
22957 03120195 0009~7 RANCliO BELL BLUEPRINT C BLUEPRIMT FOR LAND DEVEL
22958 03/20/95 000262 RANClIO CALIFORNIA kITER 02-79-10100-1 2/10-3/13/95
22~59 03/20/95 OOlYe26 RANClIO IIIDUSTRIAL SUPPL SR CNTR JANITORIAL SUPPLIES
22959 03/20/95 000~26 lUreCliO INDUSTRIAL SUPPL CITY HALL JANITORIAL SUPPLIES
22960 03/20/95 001732 REEVES, DONNA L. SALES TAX ASSISTANCE
22~1 03/20/95 001675 RIVERSIDE CO./GSA BUILD RIGHT OF MAT GERVS BY REAL PRO
22~62 03/20/95 001156 S C P P 0 A COliF:GET READY FOR SIJIIER:AQUA
22963 03/20/95 O01~zel SAN DIEGO COUNTY TREASU TECHNICAL CERVS RENDERED
229~ 03/20/95 000~5 SHART & FINAL, INC. RECREATION SUPPLIES
~/~""' 03/20/95 000(~5 SHART & FINAL, INC. RECREATION SUPPLIES
22Yo~ 03/20/95 O00z,05 SMITH, PHILLIP COle INSPECTOR CERTIF REZHB.
22966 03/20/95 000537 SOUTHERN CALIF EDISON - ELECT SERVS PERleO END:3/20/95
22966 03/20/95 000537 SOUTHERN CALZF EDISON - (~-77-58~-8087-02 2/22-3/23/95
22966 03/20/95 000537 SOUTHERN CALIF EDISON - 66-77-795-8082-01 2/23-3/22/95
22967 03/20/95 000375 SOUTHERN CALIF TELEPHON ~0~ 202-4761
22~67 03/20/95 000375 SOUTHERN CALIF TELEPHON ~0~ 205-7826 GR
22968 03/20/95 000291 SPEE DEE OIL CHANGE & T
22969 03/20/95 001678 STEPHENSOfa, KATIE J-
22970 03/20/95 0015A6 STRAIGHT LINE GLASS
22971 03/20/95 000305 TARGET STORE
22972 03/20/95 000825 TEHECULA CYCLES
22973 CL3/20/95 000905 TEleEOULA SHUTTLE GERVIC
22974 03/20/95 000957 TEIdlEOULA VALLEY FIL.!!
22973 03/20/95 000320 TO, alE CENTER STATIONERS
22975 03/20/95 000320 TCM&E CENTER STATIONERS
2~J~4 03/20/95 001179 TREBQR CIXePANY INC., TH
)03/20/95 001179 TREBOR COleANY INC., TH
VEHICLE HAINT & REPAIR
REINBURSEHENT FOR NILEAGE
TI) SHELF UNITS ~Cl4EN'S RESTRO
RECREATION SUPPLIES
POLICE HOTORCYCLES REPAIRS
SHUTTLE:INT'L YR FANILY:LINDER
FILJ4 COUNCIL AOREENENT
OFFICE SUPPLIES'LAND DEVEL
OFFICE SUPPLIES'LAND DEVEL
DELINEATOR V/12 LB EASE
TAX
I,X, BER
190-183-4~986
210-190-13T-5802
210-190-137-5802
001-163-999-5268
190-1BU-999-5240
190-181-999-5212
3/,0-199-999-5212
001-2030
210-165-602-5700
190-180-999-5261
001 - 150-999-5230
190-182-999- 5301
190-180-999-5301
001-162-999-5261
191-180-999-5319
:~0-199-999-5240
190-181-999-5240
001-100-999-5208
001-140-999-5208
001-162-999-521~.
001-120-999-5262
3A0-199-999-5212
190-180-999-5301
001-170-999-5214
001-100-999-5258
280-199-999-526A
001-16~-999-5220
001-163-999-5220
190-180-999-52/2
190-1BU-999-52~Z
ITEN
ANDUNT
7.QO
21.55
157.75
19.:34~
53.92
90.60
180 ./,9
6,327.09
953
60.OQ
250.0Q
186.1~,
53.47
105.00
1,122.77
53 .:S3
727.58
235.70
124.02
14.54
57.80
175.00
28.51
175.26
50.00
10,000.00
9.26
.75
596.00
CHEC](
MQIJNT
7.00
196.64,
53.92
271.09
6,3Z7.09
953.68
60.00
230.00
239.61
105.00
359.72
14.5/,
57.80
175.00
28.51
175
50.QO
lO,QQO.O0
9.99
6~.35
./OUCHRE2
~3/S0/95
15:13
CITY OF TEMECULA
VOUClrdt/CIEC~ SISTER
FOR ALL PERZODS
VOUCHER/
~,HEClC
F4IMBER
Z297'/
22978
22979
22981
22981
22982
CHECK
DATE
03/20/95
03/20/95
03120195
03120/95
03/20195
03/20/95
03120/95
03/20/95
03120/95
03120195
03/20/95
03/20/95
000~26
VEIlDOlt
lINE
LINITOG RENTAL SERVICE,
UALDENBOOKS
001342 WAXZE SANITARY SUPPLY,
0013/,2 WAXIE SANITARY SUPPLY,
0003/,0 WHITE CAP INDUSTRIES, l
0003/+0 WHITE CAP INDUSTRIES, l
0003/,2 WINDSOR pARTNERS-RANCHO
000~2 WINO$OR pARTNERS'RANCHO
O003/d XEROX CORPORATION BILLI
000345 XEROX CORPORATION BZLLI
000345 XEROX CORPORATION BILLI
001877 ZUBOV, EDWARD
ITEM
DESCRIPTION
UNIFORM MAINT FOR TCSD PERSOWN
PUBICOHM GERVS MIMT REI~R BOOK
MAINT CREW RAGES-ON-ROLL 2CASE
TAX
EFIERG POLY SAND RAGES
TAX
APRIL 95 RENT/FEB 95 CAM
OVRPAID ELECT SERVS
XEROX 5100 TONER
TAX
XEROX COPIER MONTHLY LEASE
SPRING SUING & JITTERBUG DANCE
TOTAL CHECKS
NUI4BER
190-180-999-524)
190-180-999-5228
100-1(34-601-5218
100-164-601-5218
100-16~-601-5218
100-16A-601-5218
3AO-1~9-999-S23A
340-199-999-524,0
3S0-199-999-5220
330-199-999-5220
:~30-199-f99-52)9
190-18~-999-5370
ITEN
AROUNT
16.85
43.56
126.38
9.79
810.00
62.78
11,497.65
1,203.27'
2,986.12
1,000. O0
Allllrr
16.85
43.56
176.17
872.78
lo,294,.38
3,821.18
1 ,ooo .oo
16:06
CITY OF TENECULA
VOUCHER/NIl( REGISTER
FOR ALL PERIODS
PAGE
FUND TITLE
001 GENERAL FUND
100 GAS TAX FUND
190 COMMIJN[TY SERVICES DZSTRICT
193 TCSD SERVICE LEVEL C
210 CAPITAL IMPROVEMENT PROJ FUI)
280 REDEVELOPHENT AGENCY - CIP
:300 INSURANCE FUND
320 INFORMATION SYSTEMS
330 SUPPORT SERVICES
TOTAL
333,658./,3
27,639.10
17,359.83
39,809.26
9,7~,2.50
67,786.03
1,091 .~1
/,,589.15
505,~57.96
VOUCHEE2
03/50195 16:06
CITY OF TBIECULA
VOUCNE~CIE:K SISTER
FOR ALL PERIODS
VOUCHER/
CHECK CHECK
NIJMBER DATE
22986 0/,/11/95
22986 0A/11/95
22986 0/,/11/95
22986 0A/11/95
22986 0AIl1/95
22986 0A/11/95
22986 0~/11/95
22986 0A/11/95
22987 0~/11/95
22988 0/,/11/95
22988 0~/11/95
22989 0/,/11/95
22990 0/,/11/95
22990 0/,/11/95
22990 04/11/95
22991 06/11/95
22992 04/11/95
22992 0/,/11/95
2299~ 0~/11/95
229~ 0~/11/95
0~/11/95
0~/11/95
22995 0/,/11/95
22996 0~/11
22~)7 0/,/11/95
22997 0~/11/95
22998 0~/11/95
229~ 0/*/11/95
23000 0~/11/95
23001 0~/11/95
23001 ~/11/95
23001 0/,/11/95
23001 0~/11/95
23001 0/,/11/95
23001 06/11/95
23001 0~/11/95
Vii)OR VENDOR
NUMBER NN4E
000123 BURG tdILLINiS & SOltENS
000123 BURG UILLIAMS & GEMS
000123 BURHE UILLI~JIS & SORENS
000123 BIJRKE M[LLIANS & SORENS
000123 BURKE t~ILLIAHS & SOItENS
000123 BURHE VILLIN4S & SOItENS
000123 BURKE UILL]AI4S & SOltENS
000123 BURKE UILLINiS & SOltENS
000126 CALIFORNIA LANDSCAPE HA
00086~ CORONA CLAY CO., iNC,
0008(~ CORONA CLAY CO-, INC.
00171/, DREN4 ENGINEERING, iNC.
001056 EXCEL LANDSCAPE
001056 EXCEL LANDSCAPE
001056 EXCEL LANDSCAPE
000/,81 GEOTECHNICAL & ENVIRONM
001706 GOLDEN BEAR ARBORZSTS,
001706 GOLDEN BEAR ARBORISTS,
001349 MANE, BALLHER & BERIO4AN
001349 MANE, BALLHER & BERIO4AN
000206 KINKO'S OF RIVERSIDE, Z
000206 KINKO'S OF RIVERSIDE, Z
00165/, MONTEREY SYSTEMS, INC.
000230 HUN] FINANCIAL SERVICES
001007 N P G CORP.
001007 N P G CORP.
0002/*7 PESTMASTER
00035/* RIVERSIDE CO. HEALTH DE
000~55 RiVERSIDE CO. REGIST. V
000~06 RIVERSIDE GO- SNERIFF'S
000~06 RIVERSIDE CO. SHERIFF*S
000606 RIVERSIDE CO. SHERIFF~S
000/,06 RIVERSIDE CO- SNERIFF'S
000~06 RIVERSIDE CO, SHERIFF~S
000/,06 RIVERSIDE CO- SHERIFF'S
000~06 RIVERSIDE CO, SHERIFF'S
ITEM
DESCRIPTIOR
ACCOUNT
NUIIER
FEB 95 PEOF. HERVICES
FEB 95 LEGAL SERVICES
FEB 95 LEGAL SERVICES
FEB 95 LEGAL HERVICES
FEB 95 LEGAL SERVICES
FEB 95 LEGAL SERVICES
FEB 95 PitOF SERVICES
HIS-CALCULATED INVOICE 21622
INSTALL DRAIN i LOIM LINDA PRK
001 - 1~0-999-52~6
001-1280
001-130-~99-52~6
300-199-999-5207
190-180-999-52~6
280-199-999-52/6
001 - 130-~99-52/6
001 - 1)0-999-52/6
190-180-999-5~15
AllGEL MIX FOR BASEBALL FIELDS 190-180-999-5212
TAX 190-180-999-5212
DESIGN ATHLETIC FIELD LIGHTS 210-190-161-5802
RENOVATE SPT PRK BALL FIELDS
MARCH LANDSCAPE HAINT FOR SLOP
MARCH LANDSCAPE HAINT a SPT PR
190-180-999-3415
lf5-180-999-5~15
190-180-999-5615
TEST FOR TEMP FIRE STATION 001-171-999-5A70
TREE TRillriNG VILLAGES A & B 193-180-999-5/.16
TREE TRIMMING, RIDGEVIB4 TRACT 193-180-999-5/.16
JAN 95 LEGAL SERVICES
FEB 95 LEGAL SERVICES
280-199-999-52/6
280-199-999-52/.8
COPIES 001 - 161-999-5222
PRINTING COSTS 001-161-999-5222
MISC MICROFILM SUPPLIES
330-199-999-5277
ASSESSMENT ADI4IN SERVS 2 QTR 190-180-999-5370
PAUBA RD ASPHALT REPAIRS
PAUBA RD ASPHALT REPAIRS
100-16~-601-5/*02
100-16~-601-5~02
RIGHT OF MAY I~EED CNTRL
JAN 95 ANIMAL CONTROL HERVICES CO1-172-999-5255
MEASURE B ELECTION HAlt 7, 1995 280-199'9~'5225
FEB 95 LAM ENFORCEMENT
FEB 95 LAM ENFORCEHINT
FEB 95 LAUEMFORCENENT
FEB 95 LAM ENFORCEHINT
FEB95 LAVENFORCENENT
FEB 95 LAU ENFORCEMENT
FEB95 LAMENFORCEMENT
001-170-999-5288
001-170-999-5298
001-1/0J~99-5290
001-170-999-5291
001-170-999-5282
001-170-999-5299
001-170-999-529~
ITEM
3,150.00
2,216.55
16,983.69
3,782,25
326.35
2,671.08
2,/.91.83
1,50T.50
1,550.00
120.13
5,342 · 50
2,112.00
17,~81
6,8T'/.81
1,000.CO
19,292.00
3,136.00
3,916.95
3,8/*7.8;3
671.95
61/*.17
1,671.28
1,181.00
96~.32
10,203.78
8,692.62
/6,0&8.17
185,855.69
17,3~7./,8
6,159.68
5,051
2,7~.32
25,273.80
9,823.53
31,617.75
'1,507.50
1,670.13
5,3~2.50
26,371.07
1,ooo,.,~,,
7,16~.78
1,086.12
1,671.Z8
2,165.32
10,203.78
8,692.&2 .
/6,068.17
VOUCHER/
CHECK
llUBER
2:3001
2)001
2)001
2)002
2)003
2)003
2)003
2)006
2)00~
2)005
2)005
2)005
2)005
2)005
2)005
J7
2)007
2)008
2)009
2)000
2)009
16:06
CHECK
DATE
06/11/95
06/11/95
04111195
04111195
04111195
04111195
06111195
04/11/95
04/11/95
06/11/95
06/11/95
04/11/95
06/11/95
04/11/95
06/11/95
04/11/95
06/11/95
04/11/95
04/11/95
04/11/95
04/11/95
04/11/95
NUMBER
000406
000~06
O00406
001675
000269
000269
000269
001643
00164)
001715
001715
001715
001715
001715
001715
0004)4
000:5)Z
000332
001867
001/~0
001/,60
001~60
NN4E
RIVERSIDE CO. SHERIFF'S
RIVERSIDE CO. SHERIFF'S
RIVERSIDE CO. SHERIFF'S
RIVERSIDE CO./GSA BUILD
RIVERSIDE OFFICE SUPPLY
RIVERSIDE OFFICE SUPPLY
RIVERSIDE OFFICE SUPPLY
ROY ALLAN SLURRY SEAL,
ROY ALLAN SLURRY SEAL,
SELECT STEEL SYSTEMS
SELECT STEEL SYSTEHS
SELECT STEEL SYSTEMS
SELECT STEEL SYSTEMS
SELECT STEEL SYSTEMS
SELECT STEEL SYSTEMS
SIEREA COMPUTER SYSTEHS
VANDORPE CHOU ASSOCIATZ
VAMDO~PE CHOU ASSOCZATZ
bEST COAST ARBOR/STS,
WlIIERLY,ALLISON,TONG &
WlMBERLY,ALLISON,TONG &
WlNBERLY,ALLISON,TONG &
CITY OF TENECULA
VOIJCHER/CHECK REGISTER
FOR ALL PERIODS
ITEM
DESCRIPTION
FEB95 LAW ENFORCERENT
FEB 95 ~ ENFORCB4ENT
FEB 95 LAW ENFONCENENT
WINCHESTER REAL PROPERTY SERVS
WHITE PAPER 8.5 X 11
COLO!tED PAPER: 5 SALeON,
TAX
SLUIUtY SEAL PRJT-STRIP & STENC
RETENTION WH IlNI 1100
INTERIM FIRE STATEN BUILD NAT
INSTALLATION
PLANS
F RE I GHT
TAX
INTERIM FIRE STATION INSTALLAT
SIERRA PROGRAle4ING/ASSISTANCE
FEB 95 PLAN CK SERVICES
ADDITIONAL PLAN CK (TR 22716)
CITY WIDE TREE MAINTENANCE
ARCHITECTURAL AND PLANNING
ARCHITECTURAL AND PLANNING
RETENTION RELEASE
ACCOUNT
MtNBER
001-170-999-5262
001-170-999-5281
001-12)0
210-165-602-5700
)30-199-999-5220
))0-199-FR-5220
3)0-199-999-5220
100-16~-601-5602
106-2035
001-171-999-5670
061-171-999-5~fi)
001-171-999-56fi)
001-171-999-5~fi)
001-171-999-5670
001 - 171 - 999- 5/,70
320-199-999- 52/,8
001-162-999-52~8
001-162-999-52~8
100-16~-601-5602
280-199-999-5268
280-1270
280-20)5
ITEM
AROUNT
14,959.45
18,765.38
5,051
6,600.00
2,312.00
396.00
2O9.87
9,350.00
9)5.00-
2,514.00
1,000.00
350.00
500.00
196.8~
200.00
1,091.61
3,211.33
1,184.44
6,875.00
2,64.5.00
2,~45.00
6,012.00
PAGE 2
CHE~
NeOUNT
289,~.21
4,4~.06
2,917.87
8,615.00
6,758.8~
1,001.61
4,395~77
6,875.00
11,302.00
TOTAL CHECKS
505,657.96
ITEM 4
TO:
FROM:
DATE:
SUBJECT:
CITY
FINANCE OFF C ,
CITY MANAG
CITY OF TEMECULA
AGENDA REPORT
City Manager/City Council
Genie Roberrs, Finance Officer
April 11, 1995
City Treasurer's Report as of February 28, 1995
PREPARED BY: Tim McDermott, Chief Accountant
RECOMMENDATION: That the City Council receive end file the City Treasurer's Report
as of February 28, 1995.
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 February 28, 1995.
FISCAL IMPACT: None
ATTACHMENTS: 1. City Treasurer's Report as of February 28, 1995
2. Schedule of Assets, Liabilities, end Fund Equity as of February 28,
1995
CeyofTemec~
City Treaeae's Repet
As of February 28, 1995
Cash Activity for the Month of February:
Cash and Investments as of February 1, 1995
Cash Receipts
Cash Disbursements
Cash and Investments as of Februan7 28, 1995
$
$
50,668,397
1,822,421
(3,018,360)
49,472;458
Cash and Investments Portfolio:
Type of Investment
Petty Cash
General Checking
Banefit 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 Yiald
City Hall
First Interstate
First Interstate
State Treasurer 5,779 %
ICMA
PEB$CO
PEBSCO
Bank of America 5.578
BofA - Bayerische Landesbank 6,870
Bank of America 5.578
BofA - Bayerische Landasbank 6210
BofA - Bayerische Landesbank 7,400
Balance
800
(349,159)
4,600
36,088,476
249,349
280,392
18,652
4,794
502,690
336,944
10,886,000
1,448,920
49,472,458
H)
H)
(1)-This amount is net of outstanding checks.
Per Govemment Code Requirements, this Treasurer's Report is in compliance with
the City of Tamecula's investment policy and there are adequate funds available
to meet budgeted and actual expenditures of the C, ity of Temecula for the next
thirty days.
City of TemeQula
S(:hldule of AeeeeI, Ueblitice, end Flald Belm
AeofFebNeW28,1ee5
Cash end investments
Receivables
Due from other funds
Land held for resaJe
Fixed assets-net
Total assets
city (1)
$ 28,082,506 $ 2,010,060
2,001,535 122,322
587,662
918,171
488,345
Redevelopmeet
Totad
19,379,802 $ 40,472,458
111,567 2,235,424
587,662
2,004,586 2,922,740
488,345
21,405,938 $
32,078,300 $ 2,132,382
55,706,629
LiabilNes and fund equity:
L.iabHitics:
Due to other funds
Other liabililies
Total liabilities
$ 554,882 $
2,767,422 $ 119,680
3,322,284 119,680
Fund equity:
Contributed capital 1,030,246
RetNned earrings (def~) (155,457)
Fund balances:
Reserved (2) 3,333,747
Designated (3) 13,830,551
Undesignated 10,716,938
Total fund equity
Total liabilities end fund equity
782,874
1,240,828
28,756,025 2,012,702
$ 32,078,302 $ 2,132,382 $
32,800 $
328,737
361,537
5,795,281
15,339,120
21,134,401
21,495,038 $
587,662
3,215,839
3,803,501
1,030,246
(155,457)
9,891,902
30,419,499
10,71 6,938
51,003,128
55,706,829
(1) Includes General Fund, CIP Fund, Gee Tax Fund, other special revenue funds, end clefeffed camp agency funds.
(2) Includes mounts reserved for encumbrances, lend held for resale, long-term notes Sable, Iowlmod Musing,
and debt service.
(3) Includes mounts designited for economic unceteinty, debt senflee, end em't, tint, jng epropdalom.
ITEM 5
TO:
FROM:
DATE:
SUBJECT:
~,pimovAt,
c[l'Y ATrO:RNE~ ~
·
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Joseph Kicak, Director of Public Works/City Engineer
April 11, 1995
Award Bid to Construct a Protected Left-Turn Lane on Ynez Road at
Tierra Vista Road
PREPARED BY: i;~f/~ Brad Buron, Maintenance Superintendent
RECOMMENDATION:
That the City Council award a bid to construct a protected left-turn lane on Ynez Road at
Tierra Vista Road to Del Rio Contractors, the lowest responsible bidder, for the sum Of
$12, 170.00.
BACKGROUND:
On March 22, 1995 the Public Works Department received sealed bids from three (3)
contractors for the following scope of work.
ITEM
NO.
1.
Paint double yellow (detail 21 ) per CalTrans Specfficstions
2. Paint 8" wide solid white line (detail 28) per Caltrans
Specifications
3. Paint left-rum "Arrow" marking (Type IV) per Ca;i~ans
Specifications
4. Construct 6" A.C. Barm to match existing curbs
5. ConsTruct new pavement section 3' A.C. over 4" Class 2 Base
6. Remove existing A.C. Barrn
7. I Sandblast existing striping and legends
8. Traffic Control shall be in accordance with the State of California
Manual of Traffic Controls for Construction and MainTenance
Work Zones (Sdar Arrow Board - 'ONLY. NO I:XCEPTIONS"I
DESCRIPTION EST. UNIT
QUANTITY
490 L.F.
100 L.F.
2 Ea.
360 L.F.
2,880 S.F. ~
365 L.F.
200 I S.F.
I LS.
r:.~dfpt~95~tl~dd6oJed;~
The bids received were as follows:
Del Rio Contractors
John Marshall Construction
Nelson Paving and Sealing
2, 170.00
2,486.40
3,433.00
Del Rio Contractors has performed work in the past for the City of Temecula, Public Works
Department and we have found their work to be satisfactory. In addition, they can proceed
with the work upon notification of Council award and completion of necessary contract
documents.
The work to be performed is necessary for the protection of vehicles turning left onto Tierra
Vista Road and to provide adequate lane width for northbound traffic on Ynez Road.
FISCAL IMPACT:
Funds are available in the Public Works Department Street Maintenance Account #100-164-:
601-5402 for the purposed scope of work on Ynez Road at Tierre Vista Road. This project
is also reimbursed by Surface Transportation Program (STP) Funds.
Attachments:
Sketch and location of work to be performed
Contractors Agreement
CI/YOF~
AG~,EEMmqT
Temen:!s: 8 mimicit~l co-polafion, and T'lel ]~io Confrn~xa's duly or~ni=L'x! and cxisling under
and by virtue of the laws of the State of California, hereburner called {"Contractor'}.
1. The Contractor, in con~derafion of the promises of the City hereinaD~ set forth, hereby
agrees to furnish all mob, equipment, labor and rnst~,~ls necz~sss,y to perform ~nd complete
in a wort-m~nllt-~ manner, all of the work required for the construction of the improvements
described in Work Order No.94-9~-~4 s~,ched hereto. The Work shall be performed according.
to the City of Temec~.,!s's Procedures For Inforn~l Riddin~ For Public Wor~ Street-
Msint~nnce Work Orders of $?S.000 or Ira. Fi.~sd Y~r 1994-95, (*Informal aiddlng
Where the Work Order or the Informal l~iddlng Procedures des~ribo portions of the work
in general terms, but not in complete detail, the last version of the City of Temecm!~.
r~l~rtm~nt of Public Wor~ .~nd~rdS 13r~ for Public Works Construction ("Standard
Drawings*), and Standard ~eci~,-~tlons for Public Works Construction, including all
supplements as written and promulgated by the loint Cooperative Committee of the Southern
California Chapter of the American Associated General Contractors of California (hereinafi~,
"Standard Specifications") shall control. Copies of the Standard Specifications are available
from the publisher:
Building News, Incorporated
30~5 Overland Avenue
Los Angeles, California 90034
f2~3) 202-7~75
In case of any conflict between the Standard Drawings and the Standard Specifications,
the Standard Drawings shall control. Where the Work Order, the Informal Bidding Procedures,
the Standard Drawings, or the Standard Specific~sions only describe portions of the work in
general terms, but not in complete detail, it is understood that the ilx~n is to be fisrnishe~ and
installed completed and in place and that only the best general practice is to be used.
2. The City, in considention of the l~c, fo, mance of this Contract, agrees to pay the
Contractor and the Contractor agrees to accept in full satisfaction for the work done hereunder
the sum of Twelve Tho,.~$,nd One Hundred Seventy dollars ($1:2.170.00.), in accordance with
the bid of the Contractor which sum shall be paid to the Conlnctor within the time and in the
manner set forth in the Informal Bidding Procedures, final payment to be made within thirty-five
(3~ days after filing Notice of Completion of said work and improvement with the Riverside
County ~o
for holiday and overtime work in this locality for each craft, cb.~,sific~tlon, or type of workman
needed to execute this Contract fzom the Director of the DelMtztment of industrial Relations.
These rates are on fi]e in the of~ce of the City Ckrk. Copies nmy be obtained at cost at thc
City Clffk's ofTme in Temec~n=. Contractor shall post a copy of such wage rates at the job site
and shah pay the adopted Irarafting wage rates as a minimum. CODlrdgl~ shall comply with
the provisions Section 1773.8, 1T/5, 1776, 1Tr/.15~ 1777.6, and. 1813 of the labor Code.
worker, or mechanic employed, paid less than the stipulated ~g rates for any work done
under ~is Contract, by him or by any subcontractor under him, in violation of the provisions
of the Contract.
4. Contractor, by executing the Contract, hereby certifies:
*I am aware of the provision of Section 3700 of the Labor Code which requires
every employer be insured against liability for Worknum's Compensation or
undertake self-hstnnce in accordance with the provisions of that Code, and I ·
witl comply with such provisions before commencing the performance of the
work of this Contract.'
5. 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 of Bcen, employees, and agents, against any
and all liability, injuries, or death of penons (Contractor's employees included) and damage to
property, arising directly or indirectly out of the obligations herein undertaken or out of the
operations conducted by Principal, save and except claims or litigations arising through the sole
active negligence or sole willful misconduct of the City.
6. Contractor and subconWactors shah obtain all necessary ficenses, including but not limited
to City business license.
2 c~ns~mamn~kUlo.b~ajp
subscribed and affixed by fiz [Mayor/City Mana~] and o~.d ~o by She City Clerk,
thereunto duly authorized, and the Contractor has ~to subscribed ~hi~ Contract the day,
month and year helm,hove wfit2n.
CITYOFTEMF, CULA
By: By:
Name: Name:
Title: Title:
ATTEST:
June S. Greek:, Ci~ Clerk
(Date)
, ~orson, City mey
PROJECT NO. 94-95-24
C1TYOFTEMECULA
. CONTRACTOR'S AFFIDAVIT AND FINAL
its cootmet with the City of Temeeula with regard m the bnilding, erection, construction or
repair of that cemin work of improvement known as: .,
situated in the Commtmity of ,
City of Temecula, State of California, more particularly described as follows:
The undersigned'declares that it knows of no unpaid debts or claims arising out of said
Contract which would constitute grounds for any third party ~o claim a stop notice of any unpaid
sums owning to the undersigned.
Further, for valuable consideration, the ~t of which is hereby acknowledged, the
undersigned does hereby fully release and acquit the City of Temecula and all ~cnU and
employees of the City, and each of them, from any and all claims, debts, demands, or causes
of action which exist or might exist in favor of the undersigned and the City of Temecula or
which relate in any way to the work p~fotmed by the undersigned with regard to the above
Further, the undersigned expressly acknowledges its awareness of and waives the benefits
of 1542 of the Civil Code of the State of California which provides: 'A general release does not
extend to claims which the creditor does not know or suspect to exist in his favor at the lime of
executing the release, which if known to him must have msterislly effected his settlement with
the debtor."
This relesse is intended to be a full and general release of any and all claims which the
undersigned now has or may, in the future, have against the City of Temecula and/or its agents
and employees with regard to any matter arising from the construction or the above referenced
project or the contract between the City and the Contractor with respect thereto whether such
claims are now known or unknown or are suspected or unsuspected.
(Nanle)
Cnue)
4 c~smm~m~m~bio~a~(v
INSTRUCTION FOR COMPf-~I'ING, EXK'UTING AND SUBMrlTING
EVIDENCE OF INSURANCE TO THE CITY OF TEMECULA
th~ followin~ infimnalion is provickd to ~i~ ~ou in compl~tinZ in-~aranc~ mdorsemmt~ and
cati~mtes rEquir~ by th~ City of
Company Name Date
Information To Insured
A. 1.
In order to reduce time delays in providing evidence of insurance to the City of
Temecula, you are requested to give your insurance agent ot broker a copy of the -
,,~che~ h_mranc~ Req~ts and endoneme~t form(s) along with ~.
instructions for completing, executing, and submitting evidence of. insurance.
If the agreement requires Worien' Compens~tlon coverage and you have been
authorized by the State of California to self-insure Workers' Compenntion, a
copy of the certificate shall meet the requirements for Workers' Cornpen,~tlon
insurance covering activities within the State of California.
All questions relating to insurance should be directed to the delnnment or offRe
responsible for your conWact, lease, permit, or other agreement.
Information To Insurnnce Afent or Rrolmr
B. 1.
The approiahte endorsement form shall be used. No changes in the terms Of the
endonement will be permitted. Ce~cates of Insurance alone will not. be
accepted by the City of Temecula.
More then one insurance policy may be required to comply with the insurance
requirements. Endorsement farms appropriate to your insured's contract, lease
or permit are checked below and enclosed.
( ) Workers' Compeasation
( ) General Liability
( ) Automobile Liability
( ) Excess/Umbrella Liability
( ) Professional Liability; Bnots and Omissions Insurance
10.
photocopy, etc.) or ini6~led sigr~tures.
The name of the Imurance Company, underwriting the coverage, and its address
shall be noted on pa~e 2 of the eudofsea~t form.
The endors*m-'d~ and certificates shall include reference to the activity
and/or to the specific City of Temec~k contract ramabet, lease mareher,
permit mnnber or construction approval number.
The cover4e and limits for each type of insurance are specified in the conU'act
insufficient to comply with the City requix?,mcnts.
inclusions, exclusions or specific provisions, etc., a scpamtc sheet may b~
attached.
Completed Certific~tcs and Endoncment(s) and questions x~lating to the rcquircd
City of Temecula
43174 Business Park Driv~
Tca~c~vl~, California
AUn: Cip] CIsk's Office
ENDORS~"MENT:
EFF. DATE:
ADDITIONAL INSUIe~'T~ - OWNERS, LESSEF-S OR
CONTRACTORS (PORM B-AMENDED)
This endorsement modifies insurance provided under the following:
COMMERCIAL G~ LIABILITY COVERAGE PART
COMMERCIAL AUTOMOBILB LIABILITY COVERAGE PART
SCHEDULE
Name of Person or OrL, sni-~tion:
THE CITY OF TBiVIK'JLA,
VOLUNTEEr.
ITS 01~ICERS, O~FICIA5 EMPLOYEES OR
(If no entry appem~ above, information required to complete this endorsement will be shown in
the Declarations as applicable to this endorsement.)
WHO IS INSURED is mended to include as an insured the person or organization shown in
the Schedule, but only with respect to liability axising out of "your work" for that insured by or
for you.
PRIMARY INSURANCE
It is agreed that such insurance as is afforded by this policy for the benefit of the named insured
and THE CITY OF TEIvlECULA shall be primary insurance as re. spe~ts any claim, loss or
liability arising out of open-afions by the named insured, or by its independent contractors for
which the named insured is found to be liable and which liability applies to the special contract
under which the named hsm~ has agreed to perform specific operations, and any other
insurance mudned by ~ CITY OF TE~fECULA, shall be excess and non-contributory with
the insurance provided hereunder.
SEVERABILITY OF INTEREST
It is agreed that the insurance afforded by this policy applies separately to each insured who is
seeking coverage or against whom a claim is made or a suite is brought, except with respect to
the cempany's limit of liability.
SIGNATURE OF ~ OR AUTHORIZED
REPRF.~ENTAllVE OF THE INSURER
I have sh-thorRy to bind th~ below listed insurance ~cm~pany and by my si~ure hereon do so
bind this ~ompany.
SIGNATUI~ OF AUTi~OI~rY;Pn REP~ENTATI~
ORGANIZATION:
ADDRBSS:
iS
I-'I' '
~,-.~
~;~ CLOy o~ Tamecul.a
~..~ '~3174 Business Park Drive
-_-.~ .'.emecuia, CA 92590
F,THIBIT "A"'-
sNin.
EFF.DATE:
TInS ENDO~ CHANGES THE POLXCY. PLEASE READ rr ~Y/
woI~P,'S COMpENSATION~YERS ~ BNDORSEMENT
Name of Person or
THE CITY OF TIjMECULA, ITS OFFICERS, OFFICIALS EMPLOYEES OR
VOLUNTEERS.
In consideration of the policy premium and notwi,h~-,~inl~ any inctmsi~ePt statement in the
· · t is attached or any other statement in the policy to which this
policy to which this endorsemenrsement tt~ched or any other endorsement ~ttmched
endorsement is attached or any other endo n
thereto, it is agreed as follows:
bc addressed as shown in the heading of this endorsement.
W~iver of Subroll~tion. The Insurance Company agrees to waive all fights of subrogation
2. against the Agency, its elected or appointed officers, officials, agents and employees for
losses paid under the terms of this policy which arise from work performed by the Named
Insured for the Agency.
SIGNATURE OF INSURER OP- AUTHOgIZED
REp~ATIVE OF THE INSURER
authority to bind the below listed insm'ance company and by my signature hereon do so bind this
company.
ORGANIZATION:
ADDRESS:
TFt .k-pHONE:
C:'OMPANIES -AF'FORDING COVERAGE
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!~t *~3174 Business Pz=k D=ive ORU&IIJTYOFANYKINDUF~NTHICOMIIJqtlTI'tI~LtiTIQR~
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ITEM 6
TO:
FROM:
DATE:
SUBJECT:
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manage
Joseph Kicak, Director of Public Works/City Engineer
April 11, 1995
Release Traffm Signal Mitigation Bond. in Tract No, 26861-F
PREPARED BY: Albert K. Crisp, Permit Engineer
RECOMMENDATION:
That the City Council AUTHORIZE the release of Traffic Signal Mitigation Bond in Tract N0.
26861-F, and DIRECT the City Clerk to so notify the Developer and Surety.
BACKGROUND:
On September 28, 1993, the City Council entered into subdivision agreements with:
The Presley Companies
15010Avenue of Science, Suite 201
San Diego, CA 92128
for the improvement of private streets, installation of private water and sewer systems,
and payment of Traffic Signal Mitigation fees in Tract No. 26861-F. The bonds we. re posted
by The American Insurance Company as follows:
Bond No. 111 3301 9510 in the amount of $65,500 for the improvement of private
streets.
Bond No. 111 3301 9502 in the amount of $28,000 for the improvement of private
water system
Bond No. 111 3301 9494 in the amount of $18,000 for the improvement of prime
sewer system
Bond No's 111 3301 9510, 111 3301 9502, end 111 3301 9494 in the amounts of
$33,000, $14,000, and $9,000, respectively, for labor and material for private
streets, water, and sewer systems.
I ~agdqs~lE1D4111TR26861-F ak0/8330
Bond No. 111 2722 6725 in the amount of $5,550 to guarantee payment of traffic
signal mitigation fees
The following item has been completed by the developer in accordance with the agreements:
Traffic Signal Mitigation fees within Tract No. 26861-F
Public Works Staff has confirmed that the subject fees have been paid by the developer. The
Public Works Department therefore recommends release of the Traffic Signal Mitigation Bond
as follows:
Bond No. 111 2720 6725 in the amount of e5,550.
The developer has not completed the contractual improvements at this time. Therefore, no
reduction or release of any other bonds is included in this action.
The affected streets are private streets and will not be accepted into the City maintained
street system. The private streets within this condominium subdivision are Heather Way, and
portions of "Clover Lane" and 'Arbor lena".
FISCAL IMPACT:
None
Attachments:
Location Map
2 ~egdfpQSSV)41 l~TR2eeel..,c elm,4;330
TR ACT NO. ?.686
I ncation Map
ITEM 7
CITY ATTORNEY
FINANCE i.~,~ [.~ -~
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
City Council/City Manage
Joseph Kicak, Director of Public Works/City Engineer
April 11, 1995
Acceptance of Public Streets into the City-Maintained Street System
(W'fthin Parcel Maps No. 23561-1,23561-2, and 23624)
PREPARED BY: ~ Albert K. Crisp, Permit Engineer.
RECOMMENDATION:
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 PUBUC
STREETS INTO THE CITY MAINTAINED-STREET SYSTEM
(WITHIN PARCEL MAPS NO. 23561-1,23561-2, AND 23624).
BACKGROUND:
The Riverside County Board of Supervisors approved Parcel Map No. 23561-1 on June 13,
1989, and entered into subdivision agreements for street, water and sewer improvements.
On March 10, 1992, the City Council accepted the improvements and initiated the warranty
period. The City Council released the Labor and Material bonds on August 11, 1992, and
released the warranty bonds on January 25, 1994.
The City Council approved Parcel Map No. 23561-2on December 4, 1990, end entered into
subdivision improvement agreements for the improvement of streets and drainage, and sewer
and water systems. On March 10, 1992, the City Council accepted these improvements and
initiated the warranty period. The City Council released the Labor and Material bonds on
February 23, 1993, and released the warranty bonds on January 25, 1994.
The City Council approved Parcel Map No 23624 on February 12, 1991, and entered into 8
subdivision agreement for the one-year warranty period as the full improvements had
previously been satisfactorily completed. Therefore only a warranty bond was required. The
City Council released the warranty bond on March 10, 1992.
All three projects were constructed by the Bedford Development Company.
r:~agdfpt~b'%0411~m23681&.238 AKC/310
The affected public streets for these projects are respectively:
Parcel Map No. 23561-1; Portions of Jefferson Avenue, Sanborn Avenue, Buecking Drive, end
Madison Avenue. Parcel Map No; 23561-2; McCabe Court; and portions of Jefferson Avenue,
Buecking Drive, and Madison Avenue. Parcel Map No. 23624; Portions of Rancho Califomia
Road, Ynez Road, and Rancho Highlands Drive.
Under provisions of the Streets and Highways Code (Section 1806), public streets offered by
the subdivider must be accepted by City Council resdution in order to be included in the
public-street maintained system. Jefferson Avenue, Ynez Road, and Rancho California Road
were previously accepted into the County Maintained-Road System prior to City incorporation.
Inasmuch as certain state funds are earmarked for maintenance of these publicly-maintained
streets, the process will make these streets eligible for those funds.
FISCAL IMPACT:
These streets will be integrated ir~o 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 7 to 10 years.
ATTACHMENTS:
Resolution No. 95-
with Exhibits "A-B", inclusive.
cc: Brad Buron, Maintenance Superintendent
r:.~gdq~t~6~0411~an23661&.236 AKC/330
RESOIX~ON NO. 9~
A RESOLIrrlON OF THE CITY COUNCIL-OF THE CITY
OF TIblECULA, CAI2FO~ A~x~IG CERTAIN
lt'l~nq.-~ 1N'I'D THE CITY-MAINTAINED STREET
SYSTEM {WnH sN PARC~t- MAPS NO. 23561-1, 23S61-2,
THE CYfY COUNCIL OF THE CITY OF TBMECULA DOES RF.,~OLVE, DETBRMINB
AND ORDER AS FOLLOWS:
WHEREAS, Bedford Development Company, a California Corporation, dedicated to
public use for street and public ulility purposes certain lots in Parcel Maps No. 23561-1,
23561-2, and 23624;
WaifsEAS, The County of Riverside accep~ said often of dedic~.on
for public road and public utility purposes within Parcel Map No. 23561-1;
WHERRAS, The City Coralall ~ said offers of dedlcaHo n for public road and
public utility purposes within Parcel lvt_n_,,~ No. 23561-2 and 23624;
WRntEAS, The City Council acceped the public improvements within Parcel
No. 23561-1, 23~61-2, and 23624, all oo March 10, 1992;
WH ,:R~AS, the City demires to atx:e~ into the City-maintained street system the public
improvements within all or portions of tins public ~ offered and ~ by the County of
Riverside and/or the City of Temecuh as depicted in Exhibit "B" ;
NOW, THEIzRPORF~ BE 1T ~LVED by the City Council of the City of Tenect~a
as follows:
Section 1. That the City d Temecula accept into the City-maintained street systm
those streets or purlions of public streets offered and accepted by the City Cxmncil descnt~-d in
Exhibits "A" and "B" attached hereto.
Section 2. The City Clerk shall certify the adoption of this resoh~on and accept the
streetS and portions mf, offered to and accepted by the City Council, into the City-
maintained street system as described in Exhibits "A" and "B" attached herelt>.
PASSED, APPROVsm, AND ADO PTsm, by the City Council of the City of Teme~!,
at a regular meeting held on the llth day d April, 1995.
kfr~ E. Sume, Mayor
ATTEST:
3un~S. Gree~
City Cl~rk
[Sr~AL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CrrYOFTEMECULA )
I, Jun~ S. Greek, City Ci~k of tlz City of Tmecuis, CAlifornia, do hereby cfftify that
Resolution No. 9~- was duly and regularly adopted by the City Council of th~ City of-
Temecula at a regular meeting ~z~of hel__d on tlz llth day of April, 19~, by th~ following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNC~~RS:
COUNCILMEMBERS:
COUNCtt-MEMBERS:
COUNCILMEMBERS:
r.~gdq~M~l 1~ee~aMl&.23S AKC/330
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA
I, June S. Greek, City Clerk of the City of Temecule, California, do hereby certify that
the foregoing Resolution No. 95- was duly and mgulady adopted by the City Council of the
City of Temecula at · regular meeting thereof held on the 1 lth day of April, 1995, by the
following vote:
AYES:
0 COUNCILMEMBERS:
NOES:
0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
ABSTAIN: 0 COUNCILMEMBERS:
EXHIBIT 'A" TO RESOLUTION NO. 95-
Accepting the pulic streets offered to end
accepted by the County of Riverde as' incgcoted
on Pared Map No. 23561-1., and by the City of
Temecula as incicated on Parcel Maps No. 23561 -
2 end 23634. end accepting -. ,'-J{ c t pubic streets
into the City-nmintslned street system as
described below:
A. Those lots described as Lots 'A' through 'C' includve.
as shown on Parcel Map No. 23561-1,filed 16 June 1990, in
Book 157 of Parcd Maps, Pgs 4446 Ind., further described
as follows:
(Lot 'A')
(Lot 'e')
(Lot 'C')
Portion of Nb~I-:,, Avenue
Pordon of Sanbom Avenue
Portion of Busciting Drive
B. Those lots described as Lots 'B' through 'D', indudve.
as shown on Parcel Mop No. 23561-2. filed 11 January 1991. in
Book 168 of Parcd Maps. Pgs 71-73 Ind., further described
as follows:
(Lot 'B')
(Lot 'C')
(Lot 'D')
Portion of Madison Avenue
McCabe Court
Pordon of Bueckjng Drive
C. Those lots described as Lots 'F' through 'H', inclusive,
shown on Parcel Map No. 23624, filed 21 February 1991, in
Book 169 of Parcd Maps, Pgs 24-26 Ind., further described
as follows:
(Lots 'F','G','H') Portions of Rancho Highland Ddve
LOT 'D' IN PARCEL MAP N0. 23561-1 AND LOT 'A' IN PARCEL
MAP NO. 23561-2 ARE IN JEFFERSON AVENUE. A CITY MAINTNNED
STREET.
LOTS 'A' AND 'B' IN PARCEL MAP NO. 23624 ARE IN RANCHO
CALIFORNIA ROAD, A CITY MAINTAINED STREET.
LOTS 'C', 'D', AND 'E' IN PARCEL MAP NO. 23624 ARE IN
YNEZ ROAD, A CITY MAINTAINED STREET.
EXHIBIT 'B" TO RESOLUTION NO. 95-.,_
SUBJECT ACCEPTANCE- PUBUC STREETS INTO THE CITY-MAINTAINED
STREET SYSTEM AS iNDiCATED BELOW:
/ ·
~,.,/,/.
t/,,V'lrt'
ITEM 8
TO:
FROM:
DATE:
SUBJECT:
City Council/City Manager
Joseph Kicak, Director of Public Works/City Engineer
April 11, 1995
All-Way "Stop" - Pale Road at Lores Linda Road
PREPARED BY: Martin C. Lauber, Traffic Engineer
RECOMMENDATION:
The Public/Traffic Safety Commission recommends that the City Council adopt a resolution
entitled:
RESOLUTION NO. 95-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING "STOP" SIGNS
BACKGROUND:
Staff was requested to investigate potential vehicle and pedestrian conflicts associated with
the impacts associated with the completion of Pale Park. Pale Park is located to the east of
Pale Road with access from Loma Linda Road. Pale Road is currently a two (2) lane road with
major residential development on its west side and few residences directly to the east.
The California Department of Transpo.-tation Traffic Manual identifies three (3) criteria for the
consideration of multi-way stops.
Staff has completed the technical analysis of this intersection and determined that based on
the criteria set forth in the Traffic Manual, warrants for four-way stop at that intersection
exist.
The technical data regarding the warrants for four-way stop and the ultimate need for a traffic
signal was presented to the Public/Traffic Safety Commission. The Public/Traffic Safety
Commission is therefore recommending that City Council direct the staff to install four-way
"Stop" signs at that location and place that intersection on the priority list for traffic signal
installation at some future date.
r:'~fdq,69S~O411WrOPSn:Rq.R.US;~
FISCAL IMPACT:
2 - ,Oversized Signs 6) $150 ee.
4 - Legends at $15
2 - Temporary Rashers @ $165 ea.
TOTAL
300
60
330
$ 690
AttBchments:
Resolution No. 95-
Exhibit "A" - Location Map
r:.~,dq~ml l~roPsmN.us/~
RESOLUTION NO. 9~-
A RESOLUTION OF THF~ C1TY COUNCIL' OF THE~CITY
OF TEMECULA ESTABI-I~HNG *STOP' SIGNS
The City Council of the City of Temecula does resolve, determine and order as follows:
Section 1. Pursuant to Section 10.12.100, of the Temecuh MuniciI~ Code, the
following 'STOP' sign locations are hereby established in the City of Temecuh.
A. Northbound Pa.la Road ~ Lorrm Y jnda Road
Southbound Pala Road fi~ Loma Linda Road
The City Clerk shall certify to the passage and adoption of this Resolution.
Section 2.
PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula
at a regular meeting held on the llth day of April, 199~.
Jeffrey E. Stone, Mayor
ATTEST:
June S. Greek, City Clerk
[SEAL]
STATE OF CAt-r~ORNIA
COUNTY OF RIVERSIDE
CiTYO~TEMEClILA )
I, June S. Greek, City Clerk of the City of Temecula, hereby do ca'tify that the
foregoing Resolution No. 95- was duly adopted at a regular meeting of the City Council
of the City of Temecula on the llth day of April, 1995 by the following roll call vote:
0 COUNCH-K~-MBERS:
NOES:
0 COUNTERS:
ABSTAIN: 0 COUNCILMEMBERS:
,~BSENT: 0 COUNCILMEMBERS:
June S. Greek, City Clerk
r:.~d~pt~9S~0411~TOPSIGN~JISh0p
ITEM 9
FINANCE OFFICER
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
City Manager/City Council
F~oseph Kicak, Director of Public Works/City Engineer
April 11, 1995
Solicitation of Construction Bids for the Parkview Site Rough Grading
and Improvements, Project No. PW93-09
PREPARED BY: /t~/Raymond A. Casey, Principal Engineer - Land Development
:)Jim D. Feul, Assistant Engineer
RECOMMENDATION:
That the City Council:
a) Approve the Project construction plans and specifications; end
b) Authorize the Department of Public Works to solicit public construction bids for the rough
grading improvements for a portion of the Parkview Site, Project No. PW93-09.
BACKGROUND:
On August 9, 1994, the City Council awarded a professional services contract for civil
engineering for the Parkview Site Rough Grading Improvements (Project No. PW93-09). The
project is located on the northerly side of Pauba Road between Ynez Road and Margarit8 Road
and will include rough grading the existing land to · minimum 7.72 net acre buildable site and
rough grading the widening section of Paubs Road.
This Rough Grading and Improvements Project is pert of the Settlement Agreement between
the City of Temecula and the Pacific Southwest District - Lutheran Church Missouri Synod as
approved by the City Council on June 8, 1993.
The plans, specifications and contract documents have been preperad and the project is ready
to be advertised for construction bids,
FISCAL IMPACT:
This project will require an operating transfer from the
Improvement Fund upon award of the construction contract.
General
Fund to the Capital
Attachments:
1. Vicinity Map
2. Reduced Copy of Conceptual Grading Plan
3. Preliminary Project Schedule
4. Settlement Agreement (on file in City Clerk's Office)
A TTA CHMEN T N O. I
Vicinity Map
LUCATiON MAP
LOS RANCHITOS
ATTACHMENT NO. 2
Conceptua/ Grading P/an
ATTACHMENT NO. 3
Preliminary Project Schedule
X
:Ill
ITEM 10
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Joseph Kicak, Director of Public Works/City Engineer
April 11, 1995
Release Improvement Bonds in Parcel 'Map No. 21383 '
PREPARED BY: ~ Albert Crisp, Permit Engineer
RECOMMENDATION:
That the City Council ACCEPT the street, drainage, water and sewer improvements in ParCel
Map No. 21383, AUTHORIZE the release of Faithful Performance and Labor and Material
bonds for Street, Drainage, Water, and Sewer improvements, and the Subdivision Monument
Bond, and DIRECT the City Clerk to so advise the Developer and Surety.
BACKGROUND:
On September 25, 1990, the City Council approved Parcel Map No. 21383. Subdivision
Agreements and Surety Bonds were submitted by:
Rancho Core Associates No. 1
29400 Rancho California Road
Temecuia, CA 92590
for the improvement of streets, installation of storm drains and sewer and water systems, and
subdivision monumentstion. Accompanying the subdivision agreements were surety bonds
issued. by Pacific States Casualty Co. as follows:
1. Bond No. 7010 in the amount of $1,957,000 to cover street improvements.
2. Bond No. 7011 in the amount of el ,780,000to cover drainage improvements.
3. Bond No. 7012 in the amount of e580,000to cover water improvements.
3. Bond No. 7013 in the amount of $499,000 to cover sewer improvements.
e
Bonds No. 7010, 7100, 7012, and 7013 in the amounts of $978,500, $890,000,
$290,000,and $249,500raspectively to cover material and labor for streets, drainage,
water, and sewer improvements.
r.~11~1381R.el
5. Bond No. 7014in the amount of 840,000to cover subdivision monumentation.
The succeeding developer, BA Properties, a Delaware Corporation, (BAP), requested reduction
in Faithful Performance bonding amounts and the City Council authorized certain reductions
on January 10, 1995. The remaining amount was sufficient to cover both the remaining work
end provide the minimum waffanty bond level of ten (10%)of the original Faithful Performance
bond amounts.
A portion of Parcel Map No. 21383 was re-subdivided as Parcel Map No. 28084 with
commensurate reductions in public improvement construction commitments. A portion of
Avenida De Ventas requires the final paving course in order to complete the contractual work
in accord with the Subdivision Improvement Agreement. This remaining work is estimated at
$25,000.
The subdivider of record, Rancho Core Associates No. I, and surety, Pacific States Casualty
Co., are unable to meet their respective commitments. BAP, as the entity taking over the
project, submitted a hdd-harmlese agreement, approved by the City Council on March 28,
1995, which will protect the City against claims for both faithful performance'-
warranty/maintenance responsibilities and claims for unpaid labor and material claims.
The Faithful Performance (FP) and Material and Labor bonds (M&L) in the following respective
amounts are recommended for release:
1. Bond No. 7010: FP= $1,486,300and L&M= $978,500 for street improvements.
2. Bond No. 7011:
FP = ~ 730,600 and L&M = ~890,000 for drainage
improvements.
3. Bond No. 7012:
FP = $ 354,550 and L&M = ~ 580,000 for water
improvements.
4. Bond No. 7013:
FP = $ 337,900 and L&M = $ 499,000 for sewer
improvements.
The Subdivision Monument Bond is also recommended for release. The remaining work is
guaranteed by a cash deposit in the amount of $ 324.00.
The remaining paving will be performed by BAP as a condition precedent to the issuance of
any certificate of occupancy and will be a condition of escrow to sale of any or all of the
remaining parcels in Parcel Map No. 21383, until said paving is completed to the City's
satisfaction.
The affected streets, which were not vacated by the approval of Parcel Map No. 28084, are
portions of Diaz Road, Winchester Road, Avenida de Ventas, and Cells Empleado. As
appropriate, these streets will be recommended to the City Council for acceptance in the City
Maintained-Street System at a later date.
Attachment: Location Map
t
!
.PARCEL MAP NO. 21383
Laca:ion
ITEM 11
ORDINANCE NO. 9S-0"/
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
~ AMENDING CHAPI'I]I 2.04 OF THE T~4ECULA
MUNICIPAL CODE RELATING-TO THE TIME AND PLA~ OF C1TY
THE CITY COUNCIL OF THE crrY OF 'I'BMECUIA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Chapt~ 2.04 of the Temeeula Muni~l~! Code is hereby nme,~led to read as
fonows:
'9..04,020 - Time snd pls~. of meetingS.
A. Regular meetings for the City Cotmcil shah be held on the second and fourth
Tuesday of each month. Regular meetings shall COmmenCe at 5:30 p.m. for Closed Sessions
and 7:00 p.m. for Open Sessions and adjourn at 10:00 p.m., subject to an adopted motion to
extend the meeting. Regular meetings shn~l be conducted at the Community Recreation Center
(CRC), 30875 Rancho V'~ta Road.
B. The City Council may, be resolution, designste another date, time and location
for a meeting."
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 m 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 Councihnemben voting for and
against the Ordinance, and post the same in the offwe of the City Clerk.
PASSED, APPROVED AND ADOPTED this llth day of April, 1995.
ATTEST:
1emey E. Stone, Mayor
~une S. Greek, city Clerk, CMc
(SE~,L)
STATE OF CA'L'IFO RNIA )
COUNTY OF IIV'ERSH)E ) SS
CITYOF~ )
I, JUNE S. GI~ City Clerk of the City of Temecvl~, California, do hereby certify
that the foregoing Ordinance No. 95-07 was duly in~ and placed upon its first reading
at a zcgular mee~ng of the City Council on the 28th day of March, 1995, and that theErafter,
said Ordinance was duly adopt~ and passed at a regular m,.e, ing of the City Council of the City
of Temccula on the 11th day of April, 1995 by the following roll call vote:
AYF, S:
NOBS:
COUNCIl-MEMBERS:
COUNCILlv~avmRRS:
COUNCILMBMBBRS:
Iune S. Greek, City Clerk, CMC
OnkW~07 2
ITEM 12
TO:
FROM:
DATE:
SUBJECT:
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Gary Thornhill, Director of Plann'
,n
April 11, 1995
School Mitigation Program Resolution
Prepared By:
David W. Hogan, Associate Planner
RECOMMENDATION:
It is requested that the City Council ADOPT the attached resolution entitled:
RESOLUTION NO. 95-
"A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF TEMECULA
APPROVING THE SCHOOL FACILITY IMPACT MITIGATION PROGRAM"
BACKGROUND
During development of the City General Plan, the Temecula Valley Unified School District
requested that the City of Temecula require residential developers to fully mitigate the impact
of new development on school facilities. In response to their request, the City Council
included language in the Growth Management and Public Facilities Element stating that if
Proposition 170 failed to win voter approval in the November 1993 Election, the City would
establish a school mitigation resolution. A copy of the school facility related General Plan
Implementation Measures are included in Attachment No. 3.
The Resolution attached to this Agenda Report is the enabling legislation that authorizes the
School District to submit a mitigation plan to the City and allows the Council to review the.
District's Plan and decide the appropriate level of mitigation for school facilities. A copy of
the proposed School Mitigation Resolution is included in Attachment No. 1. This item was
continued from the February 14 and March 28, 1995 meetings to allow the District,
representatives local development companies, and the City the opportunity to discuss this
issue.
The Planning Commission recommended approval of this item on November 7, 1994. Copies
of the Planning Commission Staff Report and Minutes are included in Attachments Nos. 2 and
3, respectively.
R:~STAFFFIPI'~CHOLMIT.CC3 4/4/96 dwh 1
DISCUSSION
During recent meetings with representatives of the building industry, they suggested a number
of changes to the proposed Resolution, City staff has incorporated the changes that are
consistent with the current approach and philosophy of school impact mitigation, The law firm
of Lorenz Alhadeff Cannon & Rose has submitted numerous changes on three occasions.
Changes "1" through "17" were submitted on February 27, 1995, changes "A" though "S"
were submitted on March 18, 1995, and changes "AA" through "GG" was submitted on
March 29, 1995. Some of the subsequent changes modified previously requested changes,
A copy of the most recent comment letter (Redline #3) from Lorenz Alhadeff Cannon & Rose
is included in Attachment No. 5. A summary of the District's and City staff's initial responses
to the building industry's comment letters is included in Attachment No. 6.
The various building industry comments were divided into three general categories, The
categories are as follows:
o Minor typographic and word changes;
o Substantive changes and comments that staff supports; and
o Substantive changes and comments that staff does not support.
Staff's evaluation of the building industry's comments are shown in the Table listed below.
Minor Typographic
Comments that are
supported by Staff
Substantive
Comments that are
supported by Staff
Substantive
Comments not
supported by Staff
February 27, 1995
All unnumbered
comments, end 3,
4,5,6,7,8
10~, 15, 17
March 18, 1995
E,F,G,L,M,O,Q
March 29, 1995
AA, GG
DD
1,2,9,102,11,
12, 13, 14, 16
A,B,C,D,H,I,J,
K,N,P,R,S
CC, BB, EE, FF
Virtually all of the unnumbered and lettered comments were accepted as corrections to
typographic errors. In addition, staff agrees with the intent of several of the substantive
comments, but disagrees with either their suggested location within the Resolution, their exact
wording, or staff feels that the changes are redundant with existing language that has already
been integrated into the Resolution. Examples of these include Comments 11,13, I, J, N, CC,
and DD. The majority of the building industry's other comments that staff does not support
can be organized into the following categories:
Allowing the mitigation of school facility impacts to be determined on a
case-by-case basis (Comments: 1, B, C, D, R);
The requirement for, and the payment of, additional mitigation at the end
of the development review and/or construction processes, respectively
(Comments: 2, A);
R:'tSTAFFRPT~CHOUVIIT,CC3 414fls dwh 2
The Student Generation Factor used to determine the number of new
students expected from new housing should be chosen from one of
several different, and as yet undefined, methoddogies (Comment: H);
The discretion of the School District Board to .request, and the City
Council to consider the appropriate level of mitigation for new residential
development should be limited (Comments: 102, BB);
The inclusion of material not related to the determination, consideration,
or implementation of school facility impacts and mitigation (Comments:
14, 16, K, P, FF); and
· Removing references to school facility mitigation from conditions of
approval (Comment: S).
As a result, staff recommends thst 'the Council adopt the attached Resolution for the following
reeSons-'
o The Resolution establishes a program that is locally appropriate to Temecula's
conditions;
o The Resolution creates a workable program that is compatible with the City's existing
development review process;
o The Resolution creates a program that will be easy to implement and will not be staff
resource intensive;
The Resolution does not create any inconsistencies with the City's General Plan, future
Development Code, and the future Consistency Rezoning process;
The Resolution allows the City Council to consider the District's proposal and to
determine the appropriate level of mitigation for the impacts to school facilities; and
The Resolution will not mandate the City Council to adopt the Distirct's recommended
Mitigation Plan.
Specifically, the proposed Resolution will do the following:
1. Authorize the School District to prepare and submit a Mitigation Plan for Council
Consideration that addresses the impacts on school facilities;
2. Set standards for the contents of Mitigation Plans;
Establish a procedure for the City Council to review the District's proposed Mitigation
Plan and to determine what an appropriate actual level of additional school mitigation
should be;
4. Allow the recommended Mitigation Ran to be amended whenever necessary; and,
5. Establish procedures to implement the approved Mitigation Plan.
R:~'rAFF~OLMIT.CC3 4/4/96 dwh 3
The attached Resdution would establish the framework for the Council's consideration of an
actual Mitigation Plan and the actual costs of mitigation. After the Council's adoption of the
Resolution, the Planning Commission is expected to begin consideration of the School
District's proposed Mitigation Plan;' The Commiseion's recommendation would be brought
forward to the Council at a future date.
FISCAL IMPACT
Adoption of this program resolution is not expected to have a financial impact upon the City.
However, if the school district submits a School Facility Mitigation Plan for development
activities within the City's boundary that the Council ultimately approves, this approval may
result in some form of legal action against the City by project applicants. The final costs of
this program are indeterminate at this time.
Attachments:
1. Proposed Resolution No. 95- - Page 5
2. Planning Commission Staff Report - Page 16
3. Planning Commission Minutes - Page 17
4. Growth Management/Public Facility Element Implementation Measure C.3 - Page 18
5. Combined Suggested Revisions Proposed by Lorenz Alhadaff Cannon & Rose - Page 19.
6. Response of the Temacula Valley Unified School District to Suggested Revisions - Page 20
R:%STAFFRPT~CHOLMIT.CC3 414/96 dwh 4
ATTACHMENT NO. 1
RESOLUTION NO. 95~
R:~rAFFIqF'P, SCHOLMrr. CC3 4/4/'iS dwh 5
ATTACHMENT NO. 1 ~
RESOLUTION NO. 95-
A' RESOLUTION OF ~ CITY COUNCIL FOR ~ CITY
OF TEMECULA APPROVING THY~ SCHOOL FACfi-rrY
IMPACT MITIGATION PROGRAM
WH~:ul~-~,S, rapid population growth in recent years in the City of Temecula ("City')
ha~ resulted in ]~rge ~ ill tho niltabors of $tudBIRs that the Temocula Valley Unified
School District (*DisUict*) is required to co'uc~tc, and has resulted in the need to enlarge
existing school facilities and construct new facilities to house the students in accordance with the
policies of the District and standards specified by state law; and
WHI~EAS, new student impa~ on e~sting school f~litles ~re due primarily to
residential uses (exce~ senior citizen dovolopment); and
WHKUl~,AS, impacts from COmm~'C~LI and industrial developram are less significant
than those of resid~H~l development and am plr~ally offset by tho contn'bufio~ of commercial
and industrial uses toward a strong tax baso in tho City which supports public services, including
schools; and
WBERE~kS, adequate school f~cilitles are a bendit to both new development and the
community at large, and are a necessary component of the City's social and infrastruaure
systems; and
WtIERV,~S, the State Legishtuve has declared that financing the construction of school
facilities is the respon~iHty of the State of California; and
WIn~n~AS, the State of California has been unable to adequately fulfffi its obligation
for funding such additional school facilities and has shifted the primary respons~ility for
financing of school facilities to local school districts, which, under Chapter 887, Statutes 1986,
("School Facilities Law of 1986"), may establish developer mitigation fees for residential,
commercial and industrial uses, and may establish Mello-Roos Community Fac~ities Districts
to pwvidc for school plant facilities financing as authorized and limited by the laws of the State
of California; and
W~, th~ combination of state school bond monies, school district imposed
developer fees, local school bond measures, and othex sources of financing have ge~umffiy beem
inadequate to provide for the ~l~fgemeat and congruaion of school plant f=ciHfie~ mxfficiem
to adequately house new mvclents in accordance with the minimum standards set forth by
State of California; and
Wp~:ul~JkS, school funding som'ces uriclet currant state hws and available f~3nding am
oriented toward the provision of interim school ~!ifles, and a need exists to fired perman,rot
K-12 school facilities, including facilities for the special education needs of special or
disadvantaged fludents; and
, R:,,STAFF~HOLMIT.CC3 414/96 dwh 6
WHs:REAS, pursuant to decisiom reached in Mira I)c'velC~Fnent ~ v. City of
San Die[,o, 205 Ca1. App. 3d 1201 (1988), Wininto S.. Rnrt High School District v. Regional
planning, Commlmdon, 226 CaL App. 3d 1612 (1991), and Muraleta Valley UniQQed School
District v. Com~ of l~ivcrside, 228 CaL App. 3d 1212 (1991) intul.,,Uing the School Facilities
Law of 1986, the City has the authority to condition le~.~lnHve acts incluctlnl~ general plan
amendments, specific plans and nmepdments thereto, and changes of zone, if it fin& that the
impacts on school faci]ifi~ have not been mitigated to a level of in,~nifica/Ice; and
Wuifa6,AS, the pwvision of a quality school system to educate the residents of the City
of Temeada is important to the City's future; and
WIJEKEAS, the Temecula Valley Unified School District requeged that the City of
Temecula adopt a resolution pmvidin~ creghg a pwgram to pwvide full funding for school
facilities from some types of development; and
WITI~.~,S, the City Coundl included language in the Gzowth Management and Public
Facility FJement of the Genea~l plan concernin~ the mitigation of school facility impacts; and
WHEREAS, thi~ Resolution is bchg adopted at ~ request of the District which has
agreed to indemnify and hoht harlnless the City from claims resulting from the adoption,
enforcement, or implementation of the Resolution; and
1994 meeting and recommends that the Counc~ app/,ove this Resolution; and
Rancho C~]ifornia Branch, the U.S. Post Offwe, and Temecula Valley Chamber of Commerce.
NOW, Tm~E~rORE, ~ CITY COUNCIL FOR ~ CITY OF TEMECUIA
DOES RF, SOLVE, DETERMINE AND ORDER AS FOIJ~)WS:
Section 1. 1Wxtigation of School Facility Impads
A. Bxcept as provided below, all development projects and applications that aze
submitted to the City of Temecula and that requize a General Plan amendment, zone change,
development agreement, pl~snnexation agreeme or Specific Plan aj~mval or amendment
shall be reviewed for their potenthl school facility impacts and mitiLmtlon of such impacts.
B. No conditions of approval on a General plan amendment, zone change,
development agi~ment, pre-snnearMion agreement or Specific Plan approval or ame~4ment
shrill require any applicant or developer to provide mitig~on in excess of the amounts
authorized by C:mv_,rnme, nt CAxie Section 65995, as it now exists or may be sinended from time
tO time, unless a School ~ lV~ Plan ("Mifigstion plsn") has been prepared by or
on behalf of the Di~lct and approved by the City Council.
R:~S'rAFFIIq'~m, MIT.CC3 4/4/16 dwh 7
C. Any of the foRowing shall be con .~i~ to be mlequate mifig~on of school
zone changes.'
approptiate documentation.
2. A finding pursuant to CBQA by the apFtopxiate City review body that no
significant impacts on school facilit~ slmll occur as a P, sult of the proposed development.
Provided further, findings may also be made pursuant to CBQA that the impacts on school
facilities have been mitigated to a level of insigndQcance.
Section 2. Sehool hellity lmlPet Miti~a~n Plans
A. Any school district located partly or toUffiy within the City may prepare and
submit a School Facility Impact lVr. igafion Plan to the City to address the impacts on school
City shah review and my consider, at its sole discretion, approving a proposed Mitigation P!n.n
if the Plnn adequate]y addl'o88~ the iDlpaCts feBlilting ~ increaso8 in the number of students
within the school district submitting the Mifi~atlon Plan.
B. The fortowing development projects shah be ezempt from the requirements of an
approved Mitigation Plan. These projects shah be required to pay only the slamtory school fees
authorized by Government Code Socfion 65995, as it now exists or my be mended from time
to time, or any other amount pRwiously agreed to by the DisUict and the owner/developer of
the proposed development project:
1. Residential projects which have been approved by a h,~rinE body (Phnning
Commission or City Council) prior to the effective date of thi.~ Resolution.
2. "Quasi-judicial" land use approvals, including but not limited to
subdivision maps, use penttits, plot plans and varinnces.
3. Subsequent stpptovals for the oo~ of a larger pwject which has
already met the requirements of this Resolution (e.g. a ten~_five tract map within a specific plan
which has already mitipted school facility imlacts).
4. Comme~ial or industri81 projects.
5. Senior citizen housing as defined in Government Cxxle Section 65995.1(a).
6. Any residv~*! d~el~ ~ for which a Mifip. on Agrmnent
has already been executed between the d~veloper and the Distdct.
P.:WrA.t*ImPTmO4Ot. IMT.CCa 4J, t/SS dwh 8
zequited by Goven~ne~t Code Section 65860, as it now exists or my be stopsdeal from time
tO .me, Of the State l~annlng and Zoning hw.
8. Anysmendm-entgtoaletjsla"vdYat:q~r°vedlnnduseentitlement(includiw~
a ~ plan amend!Bent, zo~D chaxlge, ~ agreeing, pte=nnnexation agreement,
specLFtc plan applDva] or alnen6m~t) that does ~ lucfesse the total mlinbef of fesidentlnl
housing units wi~hln the area of the entitlement.
Section 3. Preparation of School Facility Impact M'dipfic~n Plans
A. The Mitigation plan shall contain doc-mentati_tm of the need for any level of
tm'tigation that exceeds the total of revenue antleil~ted m be received by the District from
Statutory School Pees anthorized by Government Code Section 6~99~, as it now exists or may
be amended from time to time, and any other sources of funding available to or anticipated by
the District. The Mitigation l~nn shall be adopted by the District Board Of Trustees. At a
minimum, nil ]V[itigation plans sha~ coDrain the fo]/owjng infOrmatiOn:
1. Student Generation Facton.
a household survey.
high school grades.
following:
a. The District Student Generation Factor (SGF) ~hail be based upon
The SGF shall include peak studeut los_cling for all elementary, middle and
b. The SGF Household Survey shall be based upon and consist Of the
(1) A mlnlm,,m randran ~nmple Of 250 occupied dwelling units
that were constructed in the preceding three y~trs.
(2) A repnsmmtive sample Of th~ ~ or anticit~ed funms
characteristics of the community, including consideration for any resoa or second home
characteristics of the community.
(3) The survey shall exclude senior citizen housing.
(4) A representative sample of the housing produa types withi~
the distria (i.e. single family derdrb~, single family attached, or multi-family rental properties and
mobile homes).
(5) The SGF shall be based on an a.e,qessment Of student "pass
through" from new homes over at least a five-year period.
c. The District and any otlzr inteteged party my propose addlHomal
survey factors and conditions to be inchvded in the sm'vey. The use Of any additional sttrvey
factors and conditions (that could affect the SGP) mug be atlmyved by the City Council prior
~:~.k-FNq'~SCHm. Mn'.CC~ dU4/gS dwh 9
2. Typi,'al .~-~] T and Cost ~ac~m's .._.,~
sit:c, inclgdln~ the exten.ion of t~,cespry inf~astru~m~.
b. Dev~ of school sites shall be based on California
Department of Po~cation sUtndatds for infrastroctuze, location, and acreage.
c. School construction costs shall be as authorized by the State Office
of Local Assistrice (OLA), or as mquized by local and state codes.
d. All costs for plans, test, insl~, furniture and equipment, and
contingencies shall be in accordance with OLA requirements. -
3. OJ~mum Facility Ut,'lirMion
uti]iT~tlon of its facilities.
b. The Mifiptlon Plan ~ include ~sidc~on of a year-round,
multi-track education program, double school sessions, and alternative student loading programs;
4. Bond Issues and Other Dmdin~ Sources
Mitigation Plan that the District has used, or committed for use, all its av~i!ahle funding sources.
b. The District shall certify, and provide supporting evidence in the
Mitigation Plan that the District is pursuing state and alteznqte facillt;,.~ financing.
c. If the District is not lmm~g, or does not anticipate pursuing
alternate financing, it .~'h~fi include an explanation and rationale in the Mitigation Plan for not
doing so.
d. The Mifi~tlon Phn shall include considerations of methods of
financing the payment for and construction of School Facilities, to ensure the provision of
adequate facilities and to minimire actual costs to ftm~ z~idents, inc]uding the use of developer
loan funds based on anticipated state bond fund rcimbursnnent and community facilities di.m'jCtS.
5. f"mm.al ,Admin~;,dion and SlyFacilities and Interim Fndliti,.-s
The I)isUict sba/1 have the opportunity, th~ the lVfH~tlon Plan, to
present an argument justifying mitig~fon for Impcts on ~,4mlni~a-ation and suppoxt f~cillfie~ and
data to dealoDstrate that the I~ is ~ its r'iminlm'afiVO flandlnZ in a m~anm,~ which
maximizes productivity and minimizes costs. In addition, if the District ~ to present this
R:~"TAFFRP'r~CHOLMrr. CC3 4/4ms dwh 10
6. ~ ,wel of S~3xt From New r~velctlpn,~
The M',fiZMion Plan may provido for ~ m~p~ of ~h~l ~
~. ~ ~fi~ ~ ~ n~ ~ u~ m ~ f~ m~~ ~ ~ ~~
m e~g ~e~m.
7. Coordination of planning Review for School Site Develqpment.
The Mifigstlon plan shall include provisions for consultations between the
District, the City, and/or the applicant on fumm school facility location and site development .
plans in order to promote cmlmtib~Ry with City land use, cim~ation, and other plans, and
coordination on public improvemmU, incl~.~ding streets, sidewalks, and tmffw control
mechanisms.
B. The District shall submit its adopted Mitigation plan to the City for its review and
approval as to whether it conforms to these requirements and will reasonably and equitably
mitigate, in the best interest of the City and its xesidents, the additional impacts on the District.
school facilities. Upon submittal of the Mitigation plan to the City the following proced~
shall be followed:
1. The District shall submit the adopted Mitigation plan to the Director of
planning. The submittal shall be accompanied by the appfop, iate fee to covet tile City's cost
of reviewing the District's plan,
2. Within 30 days following receipt of the Disttict's MifigaH on Plan, the
Director of planning shall review the plan to det~mine whether it conforms to the ~tmlhlnlems
of this Section. The planning Direnor shall inform the Building Industry Association for
Riverside County of its receipt of the Disttict's Mitigation plan, and invite them W provide
written comments or objections. After reviewing the Mitigation plan, tIE I)imct~ shah ta~
one of the following actions:
a. Notify, by wriuea notice to the supetintemlent of the vimict, that
the Mitigation plan conforms to the zequimmonts of this Resolution. The notice shall also
contain the anticipated meeting date for the Planning Commission's consideration of the
Mitigation Plan.
the deficiencies that need to be correaed. Any major changes in the Distdct's lvr'ffigatlon Plan
must be approved by the District's Board of Tnmees.
3. Within 60 days following the Dimnor of plnnnin~'S nOfifi_e~ution Of the
completeness Of the Dis~ict's Mitigation PLan, the Plnnning Commition shall review alld
, R:~-"'I"AFI~OL.Ik,'UT.CC3 414/96 d, wh 11
MifilFation Plan. the Commi,~ion shah recomm, md that the City. ONnn"l approve, deny,
condition, or condnue the al~oval of the Distdct's lVr. jFdon 1~,.--
4. Within 30 days following the Plnnning Commi.--sion's recommendation on
the District's M'.4trfion Plan, the C~y Council ~ ~ and consider the Plnn to determine
whether it conforms to the zcqubanents of this Section and wm zeasonably and equitably, in the
best interests of the City and its residents, initiate the impacts of new development on school
facilities. ~ considering the ]V[itigati0n Plan, the Cotmoil shall approve, deny, condition,
modify, or continue considernd__on of the DisUict's Mitigation Plan.
individual residemlnl development proposals, and mi~Fufion measmw which may be apptopaitte
to eliminnte or reduce to a level of in.~ffi~CJunOe the ilataCtS attributable to such residentin1
development proposals. The City shall not adopt any financial mhigafion in excess of the
District's recommended development miti~on measure, ~ it iS found to be consistent with
the provisions of a previously approved Mitigation p!nn, an executed developer-District
agreement, or any mensates pezaiUed by State law.
D. The District may request, or the City Council may ini~, the process Of
amending the previously approved Miti~tion Plnn at any time. Any amendment~ to the Plan
shnU follow the approval p~.edtrr~ specified in this Resolution.
Section 4. Review of Residenthi Projects
A. For all residemini projects, the Dizector of Planning shnn notify the District, by
means of written notice, as to any proposed development located within said Dislzict prior to the
first Development Review Committee meeting.
1. The Notice to the District shall include the fonowing information:
a. The location of the project;
d. A prelimlnnry si~ or devdol~ment plan; and,
e. 'rbe ~ of tile DRC meeting.
2. TbeDistrictshallpmvidcwrittencommem*sonanylffojectmbmittedfor
their zeview and comment prior to the date of the Developneat Review Committee meeting.
4/4/05 dwh 12
3. Thefaihn~ofti~DisUictto~a~~totheDirectorof
phnning shall comtimmt!~~of"No Comme~.' Iuefi~case, tbe City wiIl mtuire
only the State m,nd~fx~ school impact m~tig~t~_cm fees autlKnir~ by Governme~ Code Section
65995, as it now exists or my be mended from time m time.
amendment, zone change, dev~ ~~nt, pl~=smrd-,arnfion ~, or Stgcific plan
approval or ame~lme~t by the City shall be ~-wed for th~ poU~nl impact on school
facilities as part of the Initis] ]twimnmental Study process, Noting in this resolution reslzicts
the ability of the ~ of Planning to determine that an otherwise exempt residenti~ project
should be prqm~. No mitigstioa of school impacts beyond the mitigstioa identified in ~tate
law will be required for'these projects.
Specific Plans, SIgcific FInn =mesJment~, development agreements, pre-~n~_stion ~,a~s~mcnts,
and changes of zone shall be r~-viewed for their potemial impact on school fsciil '~ and the
environment and the mitigation of those impacts in aca3zdatgc with the Rs:luitt~ncnts of State
andLocallaw.
1. If a School Facility Impact Mitigation Agreement is required and an
Agreement has not been submitted, the Director of FInnning shall Dotify the spplicant that the
application is incomplete and that additional infozmation (i.e. special study or environmental
impaCt report) is zequized to assess the ~ on and mitigation of the effects of the
development project on the District's school facilities.
9_. Withill 30 daya of 8tlbl/lission of an applitafioD, the Director of planning
a. The propo~ dev~ project will not have a sig~mcan~
adverse impact on the Distdct's school facilities or the environment, and that no additional
b. ~ne proposed development Froject will not have a significant
adverse impaCt on the DistriCt's school facilities, but may have an adverse impact on the
environment and that a special study or ellvifontnealta/illpaCt fe~ltt is l~diXlRi.
c. The proposed development project could have an advene impact
on the DistriCt' s school facilities and that It detailed iratract n.~se, qsment and mitigation study must
be prepared and/or a School Facility Impact Mitigation Agreemint must be obtained.
on the DisUict's school facilities and/or the envizonment~ and that a stgsial study or an
envizonmental impact rqx>xt must be ~ and/or an ~ lditigstion Agngmm is
requh .
n:wrN,~'s,rscso~sn'.ccs ~ sd, 13
facilities, they may appeal the decl,ion to the Phnning Commission within 10 c-le~!ar days of
receipt of the Director's d,termlr~tion. Tbe ~ shaIl be made and ~led in accordance with
the ~zements of the Planning Commi,siom
4. Within 30 days of ~linv an appeal of the Direaor's decision, the Director
of Planning shall schedule the appeal for th;Plannlng Comml,sion's consideration.
Commi.Mion's determination ofthe project's ~ impact on the environment or the Dist~ct's
school ~_es, they my nt43eal the decision to the City Council within 10 ~lmd~r days of
receipt of the Commi.~sion's rklc,..,i,mtlon. The ~peal shall be made and filed in accordance
with the m~zexnen~ of the City Clexk.
6. Within 30 days of filing an appeal of the Planning Commi.~sion's action
the City Clerk shah schedule the appeal for the City Council' s consideration. TI~ City Council' s
decisions on these matters shall be final.
D. The evidence of adequate mitigation of any si~mific~nt adverse impacts on the
Distdct's school facilities shall be established by a lVfitigafion AgreunenL The terms of the
Mitigation Agreement, shall be incorpontted by rderence in the conditions of CBQA Appwval,
and on the Conditions of ~ of any Specific Plan, the Resolution of Appwval of any
general plan amendment, and in the terms of any development or pre-anne~ration agreement.
Section 5. Implementation of this Resohi~on
A. Nothing in this Resohtion shah be iatctFwted as limiting or restrictingthe ability
of the Director of Pl.nnin~, Pinnning Commission, or Council to require additional information
or special studies on any residential projects mbmitted to the City for approval.
B. It is thc hatcm of the Council that this Resolution be in force and caea until
mended, rescinded, suspended, superseded or until a subsequent resolution or Ordinance iS
enacted which supenedes this Resolution.
C. This Resohaion iS adopted at the bels~st of and for the bedxt of the Temecula
Valley Unified School Disttia and other school districts within the limits of the City of
responsibility and financial obligations of that pwceedlng as set forth below:
R:'~S'rAk~OLJdlT.CC3 4/4,/"B5 dwh
14
1. DistfictaFeesthatanYclnlm, acti°n, Pnx~Jing'etc"br°ughtagnln'qthe
City which clu,n,mR~s the meflwd of c~tlon of impact on school fnciHti~s in ncess of tint
stamtorily m:ndated shall be the fun m~d complete respov.~n~ity of the District. To tint end,
the DisUict sixal indemnify, pxotect, ddend, and hold I~mlea~ t~ City a~in~ any loss, cost,
expense, c~nim, dama~, se~0m~, or jud~ent, rew~n~ from a hwsuit or any part tbneof,
pertninin~ tO the nmoIJDt or iaetJ)od Of C~al~eintiOn Of such hnpacL
2. The City and Dimict agree to sham the cost on 50-50 basis of any action,
challenge, cinlm, demand, or odlcr left] proceedinJ[ brought iQpiast the City based ulxm the
authority of the City to impose school ~ in cEcss of that required by State
3. This Resol~on shall not become effective unless and until the District
acknowledges, in writing, aid takes any and nn aiFopriatc Scmzd action robted to its
obligations as set forth in this Section.
Section 6. Certification. The City Clerk shall certi~ the adol~'on of ,hi ~ Resolution.
PASSED, APPROVED, AND ADOFrED this 14th day of February, 1995.
~ B. STONB
MAYOR
ATTF_~T:
June S. Greek, City Clerk
[SF, AL]
STATE OF CALIFO~
COUNTY OF RIVERSIDE) SS
crrY OF~
I l~nEaY CERTIFY that the forey~_ng Resol~on was duly adopted by the City
Council of the City of Temecula at a regular meeting thereof, held on the 14th day of February,
1995 by the following vote d the City Council:
NOES:
COUN~
R:'~"TAFFFFT'~CHOLMf'r.CC3 4/4/96 dwh I 5
ATTACHMENT NO. 2
PLANNING COMMISSION STAFF REPORT
R:',STAFFmOLMrr. CC3 414mS dwh 16
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Planning Commission
Gary Thornhill, Director of Planning
November 7, 1994
School Mitigation Program Resolution
Prepared By:
RECOMMENDATION:
David W. Hogan, Associate Planner
The Planning Department staff recommends
Commission Adopt a resolution entitled:
the
Planning
PC RESOLUTION NO. 94-
"A RESOLUTION OF THE PLANNING COMMISSION FOR THE
CITY OF TEMECULA RECOMMENDING APPROVAL OF THE
SCHOOL MITIGATION PROGRAM'
BACKGROUND
During development of the City General Plan, the .Temecula Valley Unified School District
requested that the City of Temecula require residential developers to fully mitigate the impact
of new development on school facilities. In response to their request, the City Council
included language in the Growth Management and Public Facilities Element stating that if
Proposition 170 failed to win voter approval in the November 1993 Bection, the City would
establish a school mitigation resolution.
The Resolution attached to this Agenda Report is the enabling legislation that authorizes the
School District to submit a Mitigation Plan to the City. It is expected that the District will
submit their proposed mitigation plan for City review and approval within a few months. A
copy of the proposed School Mitigation Resolution is included in Attachment No. 1.
DISCUSSION
Representatives of the City and the Temecula Valley Unified School District have been working
together since December 1993 to develop the attached resolution. The school facility
mitigation program established by the proposed resolution will accomplish the following:
Authorize the School District to prepare and submit a Mitigation Plan that
addresses the impacts on school facilities;
2. Set standards for the contents of Mitigation Plans;
· R:~rAFFRPTT, CHOLMrr.PC 1
Establish a procedure for the Council's review and approval of*a proposed
Mitigation Plan; and,
Establish procedures on how the approved Mitigation Ran will be implemented
by the City.
The proposed program was provided to, and reviewed by, the Temecula-Murrieta Coordinating
Committee at their August 19, 1994 and September 2, 1994 meetings. The Coordinating
Committee had no comments on the proposed Program.
GENERAL PLAN CONSISTENCY
The proposed resolution would establish the school facility impact mitigation program outlined
in Implementation Measure C.3 of the Growth Management and Public Facilities Element. As
a result, adoption of the proposed program is consistent with the adopted City General Plan.
A copy of the school facility related General Plan Implementation Measures are included in
Attachment No. 2. *
ENVIRONMENTAL DETERMINATION
The proposed resolution does not have the potential to cause a significant and adverse impact
on the environment. Therefore, the Director of Planning has determined that the project is
exempt from California Environmental Quality Act, pursuant to Section 15061 (b)(3) of the
CEQA Guidelines.
Attachments:
1. PC Resolution No. 94- - Blue Page 3
2. Growth Management/Public Facility Bement Implementation Measure C.3 - Blue Page 14
R:~'rAFFRPT~CHOLMIT.PC 2
ATTACHMENT NO. 3
MINUTES FROM THE NOVEMBER 7, 1994 MEETING OF THE PLANNING COMMISSION
R:~-I'AFF~NOLMIT.CC3 4/4/96 dwh 17
PLANNING CONINIISSION MINUTRq November 7. 1~.
Ford ,_~lc when the wide~inE of Pala Rind would ~ place. Mr.
· r~xmded that 1996/199/is scheduled. ..-
Thornhill
the second for
Webster s, eh-rl how many extmtsbn of time are isermilled.
plans and it would be
sure that it is .consistent with
that the enclo~ did not
pl~nnlng Commission to
t-adapted General
fun project
package to be
Commi-~-~oner Blair ,.~lt how much
has. Director Thornhill stated that he
onthe
of time the cornmi-~on
consult with the city attorney.
Ch:drman Ford stated the full
spent on the original project.
It was moved by Commissioner
the full package of the proj,
and to contint~ the
and seconded
include the minutes,
hr 30 days.
Blair to obml-'
Commissibns review
The motion follows:
5 COMMISSIONERS: Blair, Fahey, Shven,
0 COMMISSIONERS: None
0 COMMESIONERS: None
Ford '
Chairman Ford declared a recess at 7:40 P.M.
The meeting was r~convened aI 7:49 P.M.
e
· School lvht~tion Proflare Resolution
Associate Planner David Hogan presented the staff report
Commissioner Fahey asked if there is any way to protect the city if the school district
does a poor job of m~nag~ng fun&-and city development is impacted or slowed down
due to a short fall of funds. Mr. Hogan responded that Section No. 2 of the
resolution outlines which projects would be exempt.:
Commi.~ioner Webster askill'if a separate approval is l'~quil~ when the mitigation
plan comes before the Planning ~Commission. Mr. Hogan stated the mitigation
will come back to the Planning Commission for appronL
R~fsmuss~ll0'/~,ln_H 6
PLANNING COMMISSION MINUTBS Novabet 7. 1994
Chairifiall Fold exp~ concern th~ the Commi-~-~oll did not receive a copy of the
County Resolution 93-13 1.
~mh~ Ford stated that he did not see a provision for an annual review- He
further stated that there was no joint amendment clause, no recision, no suspension,
no supersede clause or subsequent cl~use~ City Attorney Diaz stated this is an
agreement not a conwact 'and these features are not normally necessary. Chairman
Ford reiterated his concern and stated that the object was to structure an a~reement
between the City and School District for a common good, and an annual review
should be Lnchded in the agreement. Mr. Diaz stated it could be added with no
problem.
Chairman Ford opened the public hearing at 8:09 P.M.
David Gallagher, representative for Temecuh Valley Unified School District
~VUCD) came bdore the Commission to answer any questions.
Dennis Chiniaeff, Kernper Community Development, 27555 Ynez Road, Suite 202,
Temecula, stated he wanted to work with the community and the School District to
ensure facilities are in place.
Phil Oberhandsl~ with Lorenz, Alhadeff, Cannon, and Rose representing Kernper
Community Developrout, request~ that the Commi-~sion drier action at this time, to
a workshop to discuss the language to be used.
Mr. Larry Markham, ~ting Johnson Machinery, requested a continuance until
they have had timc to review the document
Mr. Dave Gallagher stated that the mitigation plan requires the School District to
pursue all avenues of funding.
Commissioner Fahey asked Mr. C.~]h~gh~ about the sun-ounding taxes fo~ b~th new
and old faomes. Mr. Gallagher stated that the home pays for the schooh.
Commissioner Ford asked Mr. Gallagher if the School District would have a problem
with a yearly review of the mitigation. Mr. Gallagher suggested a review on a
project by project basis.
Commissioner Fold _~.~k if the District would be willing to forward a copy of the
mitigation agreement Mr. Ganagher responded that the City has a copy of the
County agreement which is ..n~arly identical
Chairman Ford closed the publ~fc hearing at 8:37 P.M.
IAWumm~llO794.F~l 7
pv ANNING COI,~4ISSION Mr~TUTP-~ November 7. 19o~
Commi-~ioner 51aven ask if there is a nofi~c~tiw xeqtdzemenL Dixector Thornhill.
stated that the newspaper would be notified.
It was moved by Commi-~sioner Fahey and seconded Commissioner' Blsir to approve
Establish a program to -~,i~te the impacts to local school facilities from new
development.
The motion carried as follows: .
AYES: 3 COMMISSIONERS: Blair, Fahey, and Webster
NOES: 2 COMMISSIONERS: 'Ford and Slaven.
ABSEi'~f: 0 COMMISSIONERS: None
Pl.nnini, Application No.'94-0081 (Plot
Planner, Matthew Fagan presented tlz st~ff report.
Front
Mr.
median,
Webster ask if there is a proposed median
that would preclude a left hand turn coming out
perthe General Plan, Jefferson
this project will not be required to in.
Chzis Gnnt with
Downs Way, San
Chairman Ford ask~ Mr.
stated he did.
CornmL~sionmr 5hven asked to
with wrdught iron.
the way around. Chairman
sufficient..
Group, representing Express, 12188 Wavefly
before the to answer any questions. .
if he the Conditions of Approval. Mr. Gmt
__ llnk fence, located in the back, replaced
supported having wrought iron fence all'
ch.in link fencing in the back area is
· The applicant stated
although they
put landscaping in to
not put wrought
the ch.ln link fence and
the way around the
Commi~ioner Fahey and second~ by
approve staff r&commena.tlon and approve Planning
(for
included what type of landscaping would cover the cb~in link
ATTACHMENT NO. 4
PUBLIC FACILITY ELEMENT IMPLEMENTATION MEASURES
R:'~-'TAFFII:~HOLIRIT.CC3 414/'96 dwh 18
~row~ Manal~m~M/P~li.c Fa,'ililies Elessenz
V. IMPLEMENTATION PROGRAMS
C. School Facilities
Rcqumt the School District to provide the City with ~,~unation conc~r~ing
potential hnpscls associated with 9iolx~sed residential development. The
information should include a status report of the auflable school facilities
serve pr~ pmjccxs. To thc cxznx that adcquatc school facilin'cs arc not
available on a timely basis, thc City will scck to assist thc Distria and dcvclopcs
in azriv~ at a solution to provide adequate school facilities, as permitled by. hw.
2.
Coordinate with developera and the School District to cnsure that school sites ax~
adequately sized and located to meet increases in demand. Re, quire propreed
pmjccts with school sites to include a phasing plan that links project development
with thc pwvision of a school facility when needed.
Since S.B. 1287 places subsumtisl constraints on the City in this sru, the City
will enter into a co-~-,,i.M dialo~ among int=mtcd paxtim to cruz an
implm~tst~on pro!Faro that is in compliance with smz law and meets the needs
of th~ School Distri~ and th~ City's needs fnr ad~lust~ and slbrdsbl~ housin8
and economic dmlopm=nL Should S.B. 1287 be rcpc~!e~ as a result of rejection
of Proposition 170 on thc staxc-widc ballot Novembcr 2, 199~, thc City Council
shall establish a school mitigation resolution which specifics the procedures to bc
followed by thc City, School District, and dcvelopcxs in order to determine school
facilities impact associated with residential development, available sources of
funding br school facilities n__sr~-~_itated by such dcvclopmcnt and the appmpriaz
mitigation mcasures. Thc resolution would provide fx}r pmccdures consistent with
those undcr County Resolution 93-131, which apply to thc County portion of thc
Tcmccula Vallcy U-meal School District, as permiaexi by law.
ATTACHMENT NO. 5
COMBINED SUGGESTED REVISIONS
PROPOSED BY LORENZ ALHADEFF CANNON & ROSE
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A I~b"ROLIFHON OF THE CITY COUNCIL FOR THE "'"~"~*'~""~'~"~'~"Y'" '*"""~"' :""""'
OF TEM]iCULA APPROVING THE SCHOOL FACILrrY
IMPACT MITIGATION PROGRAM
~, rapid population growth in recem years in the City of Temecula ("City').
has resulted in large ~ in the nmnbers of students thai the Temec-la Valley Unified
School District (*District")is required to educate, and has resulted in the need to enlarge
existing school facilities and construct new facilities to house the stndents in accordance with
the policies of the District and ss=na~rds specified by state hw; and
[- WHEREAS, new student impactisg-^son existing school facilities are due primarily
to r~sidential uses (except senior citizen development); and '.
WIiiRE~, impacts from ~ and industrial development are less significant
than those of residential development and are partially offset by the cohtn'butiom of
COmmerCial alg ~ ~ toward a strong tax base in the City which support%, public
WItERFAS, adequate school facilities are a benefit to both new development and
the community at large,-and axe ^a,_n~:ess~ry component jf the City's social and
WHEREAS, the State Legislam~ has declared that ~xancing the construction of
school facilities is the responm'bility of the State of California; and
WITRRFA3, the State of CAlifornia has been unable to adequately fulfill its
obligation for fundinE such additiom~ school facilities and has shifted the primary
respom'bility for fmaucing of school facilities to local school districts, which, under Chapter
887, Statutes 1986 ("School Facilities Law of 1986"),may establish developer mitigation fees
for residential, commercial and hxhatfial uses, and may establish Mello-Roos Community
Facilities Districts to provide for school plan facilities financing as authorized and limited
by the hws of the State of California; and
~, the combination of state school bond monies, school district imposed
developer fees, local school bond measures, and other sources of financing has gemnlly
been inadequate to pwvide for the enlatgcm~ut and consmuxion of school plant facilities.
sufficient to adequately house new stndents in accordsnee with the minimum smndax~ set ..,
forth by th~ State of California; and ,.
\
WH]!RBA~, school funding sources under atrrent gate hws and available funding
are oriented toward the provision of interim school facilities, and a need exists to fund
.peruanent K-12 school facilities, including facilities for the special education needs of
special or disadvantage"d_ students; and
c%( resGDRAFT. 1 )F. EDLBE.2/licch
6961.058 032895
("CEQA"), has the avllority to zeview development proposals for impacts on School
Facilities; and
WIiERF_-~ purs,,mt to de~om macbed in Mira Development Corporation v. City
plnrmlng, C~k~ion- ~6 ~.~-~ 1612 ( ~ ),
~8 ~-~.~-1212 (1~1), ~~ ~ ~l
~ ~t ~ ~ on ~l ~~ ~ve wt ~ ~8a~ W a level of
~, the provision of a quality s~h0ol system w educate the zesidents of the.
City of 'Temeazla is iz~por~m to the City's futm~; and
·" ~ the Diuia zequested ttat the City adopt a resolution providin~ cr~_tln~
a pm~zn to pm~ full fundiz~ for school facilities from some types of development; and
WHERF. AS, the City Council includ~ ~Se in the Growth Management and
Public Facility Element of 'the 6em~ Plan cozeming the migration of school facility
WHEREAS, this Resoh~on is bein~ adopted at the x~quest of the Distxict which has
a~nl~l to indemnify and hold harmless the City fwm cbim~ ~nxltin~ from the adoption,
enfozcement, or implementation of the Resolution; and
WHERF..AS, the Planning Cotmnission has considered the Progrnm'at its November
7. 1994 meetimz and zeco~m~-nds that the City Council approve thi~ Resolution ~
November 7, 1994 meeting; and
WHBRF./~, notice of the proposed resolution was posted at City Hall, Cou~
h'brary, Rancho California Branch, the U.S. Post Office, and Temeasln Valley Cbnmher of
· NOW, ~RE, ~ aTY COUNCIL FOR THE aTY OF ~
DOES RESOLVE, DB'lliR.MINE AND ORDER AS FOLLOWS:
A. Except as provided below, all developme~ pwjeas and applications that are
submitted to the City of Temeada ~cl that x~luize a Gemini Plan =mendre_era, zone
cban~e, development aEreemenf- pre-=nnention allEemem or Specific Plan appwval or
nmenrlm~-nt ~ Ill'at the writen re<Nest of the School District. twon an adeauate
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6;61.058 032Bf5
F showin~ be reviewed for their-poxeafial school facility-hnpscis and mitigation of such
· in~c~. I.
F
B. No colgifion-~ of 2p~roval 0llA,l~ ~ PIa]I sl~m~TIf, Z011e dlall~,
developrueS a~reemmt, prc-~on aSXeemcS or Specific Plan approval or =m~ndmenf
authorized by GovcramenI Code Section 65~5 [AA]. as i~ now exists or may be amended
from .'_time to '_~me. unless a School District Mitigation Plan ("Mili~afion Plan') has been
prepaz~ by or on behalf of the DisUia and approved by the City Council.
C. Any of the fortowing shall be considered to be adequate mitigation of school
facility impacts associated with appwvals by the City for General Plan amendments, Specific
Plans and Specific Plan' AmendmenXs, development agreements, pre-annexation agreements
2. A finding pursuant to CEQA by the aFvwp, iatc City rcvicw body that
F no significant imp, acts on school facilities [3]v/itt"shall occur as a result of the proposed
developmenL [B] Prodded fu,-',l~r, flr. di.-~n tony nlso ~c mndc pu,.,~n~ to CBQA that
impacts on schools hnve been mitigated to n level of insignificance.
[C] ~,~ A findin; vursuant to CEOA bv the avvroutlate City review body that
ironacts on schools have been mi~nted to a level of insignificance.
[D] 4_. A findine pursuant to CEOA by the aaoroorhte City review body that
imoacts on schools cannot be miti~efil to a level of tnsianificm]~ and the adoorion of a
statement of overridine considerations.
A. Any school district Itshated partly or totally with}n the City may prepare and
submit a School r~eility T-,~.aet Mitig~on Plan to the City to address the ',m~acts on school
facilities which may result from new residenfi~l deveJopmen~ projects within that district.
The City shall review and [4]"]]1tI cOneider~at its sole discretion approving a proposed
Mitigation Plan ff the Plan adequa21y addresses the impam resultin~ from increases in the
munber of mulenls within the school disu'ict submiuing the Mitigation Plan [BB]. m-ovided.
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however. a Plan does not adeoumlv address the hnvacts if it iraroses one lmndred vercent
(100%1 of the costs of me,,,lin2 such hnva'is on new residential develovment.
of an approved Mitigation Plan. These projects shall be required to pay only the staunory
school fees [E]authorized by G0vermnent Code Section 65995rAA1. as it now exists or rnav
be amended from '._time to fim~-. or any other amoum previously agreed to by the District and
the owner/developer of the proposed development project:
'1. Residentis1 projects which have been approved by a hearh~ body
(Plsrmlr~ Cornraisin'on or City Counc~ prior to the effective da~e of this Resolution.
2. "Q~msi-j~cial" land use .approvals, .including but not limited W,
subdivision maps, use permits, plot plans and variances.
3. Subsequent approvals for the components of a larger project which has
been already met the requireme~ of this Resohtion (e.g., a tentative tract map within a
specific plan which has already miti~a~l school facility ira,ham).
4. Commercial or industrial projects.
65995.1(a).
Senior citizen housing as deftned in 6o~ernment
Code Section*
Any residential development proposal for which [S]au Impact
,
Mitigation Agreement has already been executed between the developer and the District.
7. Any or all challge~ of if)lie needed to fflake the Dfficial City Zopin_~
Map consistent with the Land Use Designations contained in the City's first adopted
General Plan as required by "GovenTment Code Section 65860[AA].. as it now exists or may
be amended from time tO ~_me. of '~]~Smte p!,rmln_~ and Zoning Law.
8. Any atnen,~ent~ to a~ [FJ"le~islativelv approved ~pecific plan or truc~
m:.~^land use entitlement that [6]ohangoo only the layout of the p~ojoct, make minor
ehong~o to d~ign and dovclopment ~nednnk, or nmlm other nde:.irj-~ative: ohango3 ~
doeo -^* ~-~r~-~c ok^ ,^,A, ..__k^. ^,----:-,--*~-~ k .... : ..... :,,, :_ ok. ~e~-.^does not
increase the total number of residential housin2 units within the %,eeifie plan or tnmt nmp
^area in ouestion.
A. The Mitigation Plan shall contain documentation of the need for any level of
mitigation that exceeds the total of revenue anticipated to be received by the
['fJsehool^District from Statutory School Fees [G]^authorized bv Gov~ Code Section
be mended
65995,,[AAl. as it now exists or may from ~me to/_t~ne. and any other sources
C\CresQORAFT.1)REDLINE.2/I/cch
6961.058 Q32895
'of funding available to or anficipau~ by the District. The Mitigation Plan shall be adopted
by the Disuia Board of T~. At a mi~rr~, an l~r~igs~on Plans shsll comain the
fonowing informa on:
1. Student C,e~ntion Factors. ..
a. The District Smde~ Gemmention Factor (SGF) shall be based
{- upon [H]~dme results of two or more methndnlol4es for determlnjn~ the District SGF.
{- including. but not limited to. (1) a mau:hin~ of new housizm constructed in the City between
~- January 1. 1987 and December 31. 1994. and DisUict enrollmen[ dais. h'ke the msr. chins~
[- used in the CiP/of San Jose, California. 1994 Smdenn Genenlion Survey, and (21 the
[- Riverside Counlv am~roved Darame~-rs for a household survey. The SGF shall include peak
student loading for all elernen~ry, middle and ..high school grades.
b. . The SGF Household Survey shah be based upon and consist ofL
the fortowing:
(1) A mi,,;..,,..., random sample of 250 dwelling units that
were constructed in the. preceding three years.
(2) A representative sanple of the curr~nt or anticipated,
future characteristics of the comm,,nity, incinding consideration for any resort or second
home characteristics of the COmmunity.
(3) The survey shall exclude senior citizen housing.'
(4) A r~resen~tive sample of the housln_~ twodnct types
within the district (i.e.,single family de~ched, single family ~tt~ch~d, or multi-family rental
properties and mobile homes).
(:5) The 5GF shall be based on an ,.-.~.~s.,,,mem: of smdeul:
"pass-through" fi'om uew homes over at least a five-year period.
[- c. The District [8]^ and such other interested Danis may propose
F additional survey [H]^m~hodolooies. facton and conditious to be included in the survey.
F The use of any additional survey" meth~lolo~ies. factors and condition^s, (that could affect
F the SGF) must be approved by the City'n Diz6etor of Phnning^Couecil prior to do~ the
survey.
{-every two (2)
[- determinations.
[I]^d. T!~- nistxkt SGF shsll be redetermlrM'~ not less often th,m once
vears usini two or more methodololies like those used in previous
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6961.058 032895
2. Typical School ~ ~nd Cost Factors
a. The Typical School Land Costs Factor (TSF) shall be based on
the State's standard cost and shall be based ~ a ~-~ and improved, consm~on-
read~ school site, including the ~on of r~ces,~ry infzs,smwm~.
b. Developmenl 0f school sites shall be based on California
Department of ~,~c~tlon standards for tnfra.mucuu~, location, and acreage.
c. School construction costs ~hnll be as lttthorized. by the State
Office of Local Assistance (OLA), or as required by local and state codes.
d. All costs for plans, test, inspections, furniture and equipment,
and contingencies shall be in accordance with OLA xequixeme~.
3. Opfi,,m,,, Facility Utili?ntion
a. This District shall demonstrate, in the Mitigation Plan, OpHm-m
vtili~stlon of its facilities.
The Mitigation Plan shall include consideration of a year-round,
program, double school sessions, and alguative student loading
multi-track education
programs.
[CCi_~ The District shall uodate the Miffization Plan not less
often than once every two (2) years to demoxlstrate contirnlinE oDtknum utilization of its
~acilities add on-Roini consideration of and efforts to hnvlemen~ the alternatives set forth
in t)araRl'at)h b above.
4.' 9ond Issues and ~ Dmdint~ Sources
a. The District shall certify, and provide suppo~ne evidence in the
Mitigation Plan that the District has used, or committed for use, all its ;vailable ftmding
sources.
b. The District shall certify, and provide supPortlnS evidence in the
Mitigation Plan that the District is pursuing state and alternate facilities financing.
c. If the District is not pttrgfing, or does not anticipate pursuing
alternate fmawing, it shall include an explanation and rationale in the Mitigation Plan for
not doing ~o. \
d. The Mitigation Plan shall include considerations of methods of
financing the payment for and construction of School Facilities, to ensure the provision of
adequate facilities and to mi~imiTe actual costs to furtire residents, including the use of
C\( rss~naFf. 1 )RBLINE .3/llcch -.6.-
6961.0H 032895
developer loan funds based on anticipated state bond fund reimbunement and community
facilities distrim.
~ The District shall uodate the Mitinati~ Plan atomally InDlnot
less often than once every two (2) years bv vrovidim~ new certificates reouired bv mr~avbs
a and b above. a new ex~lauadon and rationale as reouired bv Dara~ravh .c above. and a
Dara~ravh d above.
5. Central Administration and Support Facilities snd Interim Facilities
The Distri~ shall have the opportunity, through the Mitigation Plan,
to present an argumem justifyln_~ mltig~fion for impacts. on ~tlmlni,qration and slipport
facilities and interim facilities. The justification shall inchute infommtion on m/Ymg, work.
loads, and other data to demonstrate that the District is using its 8dministrative fuI!ding in
a mnnner which maximizes producti~ and mlnlrniTes costs. In addition, if the District
elects to present this justification, the Mitigation Plan shall demonstrate that the mitigation
requested is proportional to the impacts directly atmtaxtable to new development. [HH]If
the District elects to eresent this iustifi~on. the District shall twdate the Mitigation Plan
not less often than once every two (2) years to demonstrate conrimming_ utilization of
administrative fundins~ in $ mnnner which maximjzes Droductiv~ and minimires costs and
that the mitigation reouested is vrovortional to the hnvacts ~v atm~utable to new
development. .
6. Level of Support From New Development
The Mitigation Plan [K]mayohall ma~ provide for total mitigationjlpm
all votential fundin~ sources. of school facilities impacts tht are shown to result from new
residential developmems from all potential funding ~ource0 ^. recoLmizin~ the potential
ineouitv and Dotentinllv netvative economic impacts on the City as a whole of vlacin~ the
entire burden of school facilities innmas on new residential development. and emvhasizin~
the onti~al maXimization of all votential ~mdlm, sources. rather than reliance exclusively
on Mitigation Payments by new residential develovment [FF]. to meet the District's needs
and the Citv's needs for adeouate and affordable housin~ and economic develooment. as
reouired bv the Citv's General Plan. The Mitigation Plan shall not be used to pwvide for
mitigation of impacts attn'bumble to existing development.
7. Coordizmtion of P!s~min~ Review for School Site Development
The Mitigation. Plan shall include pwvisiom for comultatiom ~c~
[- the District [9]^. rcoresenmfives of the Buildin~ Industrv.tGG] the avvlicant. and the City
on school facility location and site development plans, in order to promote compatibility
with City land use, circulation, and other p!~rt% and coordination on public improvements,
including streets, sidewalks, and Waffic control meChs~ni.~Tn-~. ..
C%.( reecdHtAFT. I )liBILl NE .311/cch -'7-
6961.058 032895
additional hnpacls on the Dislrict school facilities. Upon subm~s of the Mitigation Plan
to the City the fonowix~ pwcednr= sl2ll be followed:
1. The District shall submit the adopted Mitigation Plan w the Director
The submired shah be accompanied by^ the aoorov, late fee to cover City's
cost of x~viewln_~ the District's Plau.
2. Within thirty (30) days fortowing receipt of the Disuict's Mitigation
Plan, the Director of pl~nnlng shall xeview the plan to determine whether it conforms to the
[- requirements of this Section. [10]*Tne Plaunin~ Director shall at a m~nlmum "notifit
[- ropv~mmfivea of ~ Buildin= Industry of its receivt of the District's Mitigation Plan. and
F invite them to vrovide Writran co~__~ or obiections therew. and otherwise undertake any
~ other audit and conm~ review vrocedur~ as he or she reasonably determines. In addition.
[- the Plannin~ Director shall be entitled to consider such other factors as he or she deems
[- rex~nablv nece~ssrv other than those covered by the Mitiwation PIn..After reviewin~ the
[- Mitigation Plan. the Director shnll take one of the foHov.4ng actions:
a. Notify by writma notice to the snpetiniendent of the District that
the Mitigation Plan conforms to the requirements of this Resoluti6n. The notice shall also
contain the anticipated meeting date for the ph~nnin~ Commi~sion's consideration of the
Mitigation Plan.
b. Notify in writing the superlnt~-ndent of the District that the
District's Mitigation Plan does not conform to the requirements-of this Section and
describing the deficiencies that need to be corrected. Any major changes in the District's
Mitigation Plan must be approved by the DisU'ict's Board of Tru,s2~.
3.. Within SiXty (60)days tonowing the Director of p|nnning's notification
of the completeness 'of the District's Mitigation Plan, the Planning Commission shall review
and consider the plan to determine whether it conforms to the requix~nents of this Section
and will reasonably mitigate the impacts of new development on school facilities. After
considering the Mitigation Flan, the Commission shall recommend that the City Council
approve, deny, condition, or corrHnue the approval of the District's Mitigation Plan.
4 Within thirty (30) dayS following the planning Commission's
will reasonably [l~^and ecmkablv in fi~- best interesls of the City and its residents mitigate
the impacts of new development on school facilities. After considering the Mitigation Plan,
the City Council shall approve, deny, condition, modify, or confiune consideration of ~
Distria's Mitigation Plan.
C\( ~sseOllAFl'. 1 )ILlliE .3111cch -8,.
6961.058 032895
individual resir~e~=l developme~ pioposals, and mitigation measures which may be
aFptoF, ial~ to ellmi~ste or rednce to a level of insigpi~c~nce the impacts aim'bumble to
such residential devclopmcmt proposals. The City shall not adopt any financial mitig~tlon
in excess of the District [N]~recommended developmere mitigation measure, unless
it is found to be co~ with the pwvisions of a previously aplxoved Mitigation Plan, an
executed developer-District ag,,~.,,~nt, or any measures pertained by stare hw.A The
shall not be oblinted to adont the District recommended develovment mitintion measure
in exercisinE the Citv's lelislative volicv authority and discretion to awrove. condition. or
deny develovment oroiects and aoolicatiom that reeuire a General Plan amendment. zone
chan~e. develooment a6een~-m ere-annention n~m~nt or Specific Plan amyroyal or
D. [l l]Thc Diott:,ct may rt~ueot, ut a,,y time, thnt thc City nmend a is.~viou~ly'
approvod Mitigation Plan. Any Sm,mclmCnt~ to the Plan Ohnll follow t~no approval
[- proeedu, cs spce~fied in thh Re~ohltiom'~e District. City amYor interested Industry
F revresentatives and/or the otovonent of any develovment vroiect amy reintest. at any _time_.
]- that the City amend a mviouslv aovroved Mitigation Plan. Any amendments to the plan
1- shall follow the awwval vrocedure svecified in this Resolution. To the extent n,,ct-ss~rv.
F if a third Darn, initiates such reouest. that third party shall m-ovide the fundin~ of any review
~ of the then existin~ Mitintion Plan. The City in consultation With the District and such
1-interested third oarties shall select an indeoendent Denon to review and make
F recommendations with reLPard to any existin~ Mitintion Plan.
Section 4. Review of V~tle,~a Pmjem
A. For all residential projects, the Director of plsnning shall notify the Distria,
by means of written notice, as to any proposed developmenX located within said District
prior w the first Design Review Committee (DRC) meeting and prior to
[12]PrcPnrati°n^'c°mvleti°n of the Initial Environmermd Study.
1. The Notice to the District Shrill include the following information:
a. The location of the l~'oject;
b. The name of the owner and developer;
c. The number and type of dwelling units proposed;
d. A p~limlrmry site or developmere plan; and
e. The date of the DRC meeting.
C%( reaDRAFT. 1 )lIEDLIE .311 Itch ,0,
6961.058 032895
2. The Disuia shall provide writm commen~ on any proje~ot submitted
for their review and comment prior to the date of the DRC meeting, [13] . In addition,
Section 4A2 should be sinended to vrovide that the School District shall have such time as
authorized by the City to make writzn comments.
3. The ~ of the District to provide a written response 'to the Director
of p!annin~ shall constitute the equivalent'of "No C'~nm~nt." In thi.~ case, the City will
require only the state-maru~;tea school impact mitigation fees [O]^authorized by
Government Code Section 65995 [AA].~ as it now exists or may be mended from time to
time.
[14] B. All rezidontinl development propesals that do not ~oquL'~ a Conoral Plan
amepdment, zone chxln~e, dovclopmoxX af, f~em~nt, lue annexation aZrzement, or Specific
'Phn n~pwval or am~uimr~t by the City ~b~l be i~4eweg for their potenthi impnot on
school faoilitis~ ~ pn~t of the tAitial Envit~,~ental Study pto6us. Nothing ill thia
P, er~lution it~ric~ te ability o~ tho D:z~ter ef pJnnning ~e deterreln. that an othon~5o
exempt re~i4enl~ projcot tony have a ~igr, ifi~ impact en the environment and thnt an
E~nvironmenml Impnot Rei, ort should be Ft~,,a-~1- Ne mitigation of ~hool impn~ts beyond
the mitigation idcntified in ~nte law will be r~quir~ for these project.
C. All residential deveiopme~ proposals that require General Plan nmendme.nts,
Specific Plans, Specific Plan ame~ttments, development agreements, pre-annexation
aF,,ements, and changes of zone shall be reviewed for their potential impact on school
facilities and the environment and the mitigation of those impacts in acco~ance with the
requirements of state and local hw.
[P] 1. If a Scheel Fecility Impaot Mi~g~ion A~,~ent is sqai~ end an
AFc, oment has not been ~ubmitted, the Dkt~tor of Iqnnnlag shall nstify the a~l~liennt tlmt
the application i~ inoomFlctc and thnt additional information (i.e., specinl ~udy or
Environrvtoatal Impnot l~ort) in ,~qRitul to n~e~ the im~aet~ en and mitiEation of the
effect~ of the de~elopment projea en the Dimriot's 5ohool fnoilitie~. [See Comnv Resolution
No. 94-138. at Va~es 14-18. varaRravhs C throueh F. which illustrate why this varat, ravh 1
is stricken.1
[Q] ;P1. Within thirty (30) days of ~ke-submia~g-^ssion of an application, the
Director of Pl~ng shall notify the applicant that either:
a. The proposed development pwjea ~ not have a significant
adverse impact on the Distria's school ~ or the environment, and that no additional
b. The proposed development pwject will not have a si~ificant
adverse ~ on the Distria's school facilities, buy may have an adverse impact on the
environment and that a special study or ~,nvironmenta] Impact Report is ~-
C\( resQOllAFT. 1 )REDL ! NE .3/11 cch - 10-
6961.058 032895
c. The pwposed development projea could have an ad{,erse impact
on the District's school facilities and that a' detailed i~,~ nqettme, tt and mitigation study
must be prepa~ and/or a School Faci~ t.mVact Mitigation Agreem~ must be obtained.
d. The proposed developmere project could have an adverse impact
on the District's school facilitii and/or the ~nvix'tmment, and that a special study or an
Environmental Impact Report must be prepared and/or an Impact Mitigation Agreement
e. -- The proposed developmere project will have an adyerse impact
on the Distria's school facilities and the environmental and that a special study or an
~ 2. If the applicant [R] , nnd/Or' developer. or Distria disagrees with the
Director's deZrmimtion of the projea's poZnfial ~.~ on the environment or the
District's school facilities, they may at~peal the decision to the plsmnlng Cotr,mlqion within
ten (10) calendar days of receipt of the Direaor's determir~tlon. The appeal shall be made
and filed in accordance with the. requirements of the Planning Commission.
the Director
consideration.
4^3_~. Within tbirW (30) days of fillnE an appeal of the Director's decision,
Of pl~nnlng shall schedule the appeal for the pl~nnir~ Commi~ion's
·
~^4_~. If the applicam, developer, or District disables with the Pl.,,~ing'
Commi-~sion's dctenination of the project's potential impact on the enviror.~eut or the
District's school facilities, they may appeal the decision to the City Council w~thin ten (10)
calendar days of r~ceipt of the Commi~sion's determination. The appeal shall be made and
6~5. Within thirty (30) dayS Of filinE an appeal of the planning Cowmi-t~ion's
action, the City .Clerk shah schedule the appeal for the City Counci!'s consideration- The
City Council's decisions on these matten shall be final.
D. [15]Bvidewe ef adequate mi~gntion of any significant adverac impacts on the
Di~riet's aeheol faeilitieo ~ L~ emb!inhn,-I by n Mitigation Abr~ment. The ~e,,x~s of the
Mitigatien Agrzemem, shall be inoorpenx~l by fefetcnso in tho oondition¢ of CBQA
approvnl, and on the Cenditiom of Approvnl of any St/Afic Plan, the Renolution of
At;prevnl of any Cenernl Ptan ,~,m,,/xdmtnt, and in the tcnm of any development or ~t~
[- emmcxation ayezaxent. ^RViders~' Of adeouate miti~aU'on of any significant adverse imvacts
' [- on the District's school facilities droll be established by a Mi~va~on AR~nt. or as
[- otherwise detertold bv t~- Co,-~'! based on the facts and circ, rm-,m~,'~. [SIThe
[- ef tl;c Miti~,ntion Ahccmeat. er other eonditiom of mitiimtion ns dete~.-rjncd by
~ Council. shah bo inoowentul in time oonditionn ef CBOA nm~roval. and on the Conditions
[- ef Av;,-oval of nnv Soe¢ifie Pian. the'Resolution of n~jtovnl of nnv f'Gencral t;"Ptnn
c\c red)RAFT. 1 )REDI. llE.311/u:h -11-
6961.0S8 032895
[. n~er/~ment^. nmgadment. and in the
F ns°e'~neaS^na"exnti°r' at~,ax~nt.
d any dcvelovtncnt or nt6,
Section 5. T.....,I, .. b,..~d~O- Of this P,e~!ntion
A. Nothing in this P, esolution shall be interpret~ as limiting or restricting the
ability of the Director of plnnning, p!nrmin~ Commission, or City Council to require
additional information or special studies on ;ny residential projects submin~ to t!~ City
for approval.
B. It is the intent of the City Council that this Resolution be in force and effect
until amended, rescinded, suspended, superseded or until a subsequent resolution or
Ol'61nnnee is enacted Which supersedes this Resolution.
· C. This Resolution is adoptz~l at the beheg of and for time benefit of the'
Temecula Valley Unified School District and other school districls within the limits of the
City of Temecula. It is agreed that should any claim, action, challe~e, or similar
proceeding be instinned against the City for the adoption, imposition, or calculation of the
school mitigation requh-emems under the provisions of thi~ Resolution, that City and DLmict
agree to share the respons~ility and financial obligations of that proceeding as set forth
belOW:
1. [16]Tho Disn4ot ai,-c~ that any elalm, action, ~g, etc. ,brought
against the City which challenEos the mothod of oaloula~on of impaot on s~hool faeili~eo in
excess of thnt ~mtutorily m. nndotcd ahall be the f=,ffi and eomplete ,c~pens~ility of the
District. To that end, the District nhntl indemni~, pret~t, defend, nnd hold hntmle~ the
City ngninst- any los0, cost, eapensc, clnim, damugc, settlement or judgment, te,,,eUltin~ from
a lawsuit or any part thereef, perm_irdng te the ameunt er mothod of calculnfion of 5'uoh
[- knpaet."The District aLrrees that any clnlm, action. ~R. etc.. brotmht a~ainst the City
~- in any way related to reouirinsz a Mitismtion Anx~-qnent as the sole means of mitin.-.'m,
[- imvacts on the District's school facilities (or the mount or method of calculation of such
[- intoact} (the "District's Resoons~ilitv"'~ shall be the furl and comvlete resvonsx"oility of the
[- :District. To that end, the District shah indemnify, vrotect. defend and hold harmless the
F City aRainst any loss. cost, ext)ense. claim. dnmalze. settlement. or iudnment in any way
[- related w the District's Resoons~ility.
2. The City and District agree to share the cost on a fifty-fifty (50-50)
basis of any action, challenge, claim, demnnd, or other legal proce~inl~ brought against the
City based upon the authority of the City to impose school miu'gation in excess of that
\
F [ 17]^ 3. This Resolution shall not become effective unless and until the District
F aclmowled=es in writing. and takes any and all avorou, late Board action related thereto, its
[- obligations as set forth in this Section '5C.
c\( resoDP, AFT. 1 )tEDLINE .3/llcch -12-
6961.058 O32895
The City CL-rk shall certify the adoption of e,i, Resolution.
PASSED, APPROVED, AND ADOFrnn this day of
ATrEST:
STONE, Mayor
JUNJ~ S. Ute~-~<~, Ijity Cle:rk
[S~] . ·
STATE OF CAY-n:ORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA
I RP. aP, BY C:V. al~' that the foregoing Resolution was auly adopted by the City
Council of the City of Temecula at a regular meeting mereof, held on the day of
,1995 by the following vote of the City Council:
NOF, S:
COUNCrLMEMBERS
COUNCrt,M"aIBERS
reeDRAFT. 1 )REDL 1 WE .3/1/cch -13-
69~1.058 032895
ATTACHMENT NO. 6
RESPONSE OF THE TEMECULA VALLEY UNIFIED SCHOOL DISTRICT
TO SUGGESTED REVISIONS
R:\STAFF~HOI.IVIIT.CC3 414/96 dwh 20
TEMECULA VALLEY
Un~ied School District
SUPERINTENDENT
Patnoa B, Novomey. Ed.D,
BOARD OF EDUCAT!ON
Baroara Tco~er
Rosin VanOr
RoOerl t,
Richare SNdef
April 3, 1995
Mr. Gary Thornhill
CITY OF TEMECULA
43174 Business Park Drive
Temecula, CA 92590
Re: School Facilities Resolution
Dear Mr. Thornhili:
In the spirit of compromise, the District has accepted 20 of the 43 suggested revisions Mr.
Alhadeff submitted from February 27 to March 29, 1995, concerning the subject Resolution.
Our understanding is that these twenty items represent essentially the same position the City Staff-
has held throughout this process.
The attachments, prepared in consultation with our attorney, represent the District's position on
· e ~ree sets of Sam Alhadeff's suggestions (1 through 17, received February 27, 1995; A
thwugh S, received March 20, 199:5; and AA through GG, received March 29, 199:5).
· The 1-17 and A-S summary attached is identical to the summary wesent to Dave Hogan
March 23, 199:5.
· The AA-GG comments are as of our final review this morning.
We now look forward to the City's adoption of the Resolution April 11, 199:5.
Please call with any questions you may have.
Sincerely,
3oh~fi BLks, A"istant Superintendent
Business Services
cc: Board of Education
Patrim B. Novomey, Ed.D., Superintendent
Eric Doering - Bowie, Ameson, Kadi, Wiles.& Giannone
31350 Rancho Vista Road / Temecula. CA 92592 / (909) 676-2661
RESOLI.~/ON OF THE CITY COUNC/L
FOR THE CITY OF ~
APPROVING TBE SCROOL FAC/LITY IMPACT
MIT/GATION PROGRAM
Mardt 22. 199S
4.
5.
6.
7.
8.
I1.
Kernperil-AC.~R
sethon robe
revised - 2/27/95
s~cuon X.A
Section 1.C.1
Section 1.C.2
Section 2.A
Section 2.B.6.
Section 2.B.8
Section 3.A
Section 3.A; 1 .c.
Section 3.A.7
Section 3.B.2
Section 3.D
TVU~n
Not agr~ - change would
violate CEQA.
Not agtge - believe change
would violate CEQA.
Revision acceptable.
Revision acceptable.
Revisions
Revisions
Rev/t/o~
Revisiont unacceptable.
First senumce: revisions
acceptable.
Second sentence:
revisions not acceptable.
Revisions unacceptable:
pre-approval public
comment period is time
for suggested amendments.
Ci~ of Tem~,l,*
Not agree - same tinson.
Not agree - same reason.
Reinion accepts.
Revision acceptable.
Revisions ~.~hl=.
Revisions acceptable.
Change "City's Dbzcmr of
Planning" to "Counc~"
Revisions unacceptable.
acceptable, cl, nnging "shah
at a minimum notify
repruentati'ves of the
Building Industry" to "shall
notify the Building
Industry." Second sentence:
revisions not acceptable.
Revaiont una~eptab/t.
KanllX'rfi AC&R
s-,,~on to be
rffi.~v. - 2rr//c)5
'rv n
Cil~ of Temeegt,
12.
13.
14.
15.
16.
17.
Section 4.A
Section 4.A.2
Section
Section 4.D
Section 5.C. I
Section 5.C.3
Rtvimat un,,cctptabit.
Rma~ons uu~tpm~.
Revisions tceptable.
Revisions utma:eptable:
language negotiamd between
Distria and City in July/
August, 1994.
Revisions acceptable.
Rs,mo'mumagOmwk~
but ok to dalata *ami prior
to ptWmugom of tlu lniriai
Eaw#omemol Study:
Revisions unable.
Revisions ut,"'o~able:
IEav~ pazagzaph in plato in
its mtirEty0
._ Rm, isions upacrepmble:
Revisions
NOTE:
Bold italics items represent conclusions reached during the Marvh 14 and
Match 20 meetings between City Staff, Dimia $taff amt Developer
Representatives.
* Pending final review by City. Attorney
2
RY. IOLLIlDN OF ~ Clll' COUXCIL
~OR lll ~ OF Tnsr~ t
Ad~lmOvmG ~ ~a(}L FACXI//Y IMPA~
I~IIGAIION ~
CiW of Tem*mi~*
A. SecUnn 1.C.I
Sealon I.C~
C, Senan 1.C.3
D. Seainn 1.C.4
E. Saninn 2.B
F. ~nitm2.B.8
G. 5ecu~ 3.A
,
H. Samon 3.A. 1A
SeeCon 3.A.l.c
I. Szc~on 3.A. 1.d
J. S~.On _.l.A.4.c
K. S~ion 3.A.6
L. Sxaon 3:B ·
Not ap:= -
No~agree
Not
Not a~et
tinn Plan ffzry two .vean
Nut ~p, ss
O. Smgiau 4.A.3
P. Sec:d~ 4.C.1
Q. Secdon 4.C_~
P,. SecUan 4.C.3
S. Sgdou 4.D
sub~umiy auaont~_ sctmoi fm
~ tt appim to nqadve dgr, i,,~am=
Not ague
Not agree -Dinncrs renu~y is under CfQA Not agz~
m Kcml:~s ?.,r~/r~ cba~u in ~ taction
~ for~ zn x~'vision #15.
Not agree
NOTE:
=-Pending final review bv City Attorney
,q
lets,..- lfll$
RESOLUTION OF THE CITY COUNCIL
FOR THE CITY OF ~
AlPROVING THE SCHOOL FACILITY IMPACT PROGRAM
TVUSD POSITION ON AA-GG
April 3, 199~
BB.
CC.
DD.
GG.
This revision is acceptable. It addresses the comments suggested and accepted at the
March 20 meeting.
This revision is not acceptable. It goes against the intent of the Resolution, and therefore,
against the City General Plan.
This revision is acceptable. It addresses the comments suggested and accepted at the
March 20 meeting.
This revision is acceptable in that it appears to be consistent with revision CC.
This revision is acceptable.
This revision is not acceptable. It adds on to a sentence to which we have previously
objected (Comment K).
This revision is acceptable. The District currently enters into discussions with each
development project applicant as to school facility location and site development plans
within the project, as early as possible in the process.
ITEM 13
TO:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Joseph Kicak, Director of Public Works/City Engineer
April 11, 1995
Proposal for Installation of Rashing Warning Lights in the Vicinity of Temecula
echoale
RECOMMENDATION:
That City Council authorize the purchase and installation of solar-powered flashing caution
signals at the four Temeculs School sites. Authorize transfer of $78,000 from Unreserved
General Fund Balance to Account No. 100-164-602-5610.
BACKGROUND:
A great deal of concern has been expressed regarding the pedestrian safety in the school
zones. Some of it direct result of driver inattention, and some from violation of the schod
zone speed limit. The current signs in the school zones vary from one location to another.
In addition, it may not be very clear to the motorists when the 25 mile per hour (mph) speed
applies in the school zone areas. Therefore, it is being proposed that flashing caution signals
be installed at the beginning of each school zone. Staff has obtained information from two
companies manufacturing solar-powered flashing caution signals. It is proposed that such
signals be installed at each school to clearly define the school zone and the time when the 25
mph school zone speed is in effect. The caution signals would be activated and deactivated
by a time clock set for the hours specified by School District personnel.
The system is operated by solar energy. The total number of units required to provide e
system to the four schools is 13 solar units of flashing caution signals.
The estimated cost including installation is $6,000 per each unit. The total estimated cost for
the labor and materials (complete installation) is $78,000.
Discussions were held with Schod District personnel regarding their participation in the costs.
There is a good possibility that it will be considered favorably.
FISCAL IMPACT:
Transfer $78,000 from Unreserved General Funds to Account No. 100-164-602-5610.
II II
SPEED
LIMIT
25'
M.P.H.
SOLAR
POWERED CAUTION SIGNAL~
ROt~LE~
XX
r ~
/11~\/!1~\
,.~rn rn
,~ rn m
o
F Z:
Iili\
m o 'z
fill\
z ---/
~,c X
.T..'<.P
0 o
Z--n~
F'
_,K rn
0
-fir-
i-nO
I NOP-.TH ~
p~Eo
ITEM 14
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Joseph Kicak, Director of Public Works/City Engineer
April 11, 1995
Overland Drive Overcrossing - Status Report
RECOMMENDATION:
The City Council review this status report, discuss and provide direction to staff as
appropriate.
BACKGROUND:
The purpose of this report is to update the City Council on the progress of subject project.
Following is the status of various activities:
A. Engineering Design and Specifications
1. Project Study Report Completed Approved
2. Project Report Completed Approved
3. Plane for Street Improvements Completed Submitted for Review
4. Plans for Structure Completed Submitted for Review
5. Specificatione Completed Submitted for Review
It should be noted that Caltrans Structures Division requested additional soil borings to verify
the adequacy of design based on the originally submitted borings.
*Engineering Cost (total per contract)
Engineering Cost to Date
Balance per Contract
761,000
744.000
$ 17,000
Southern California Edison (SCE) - Facility Relocation
In conjunction with this project. proposal, relocation of SCE facilities will be required.
There are three (3) SCE lines crossing I-15 in the vicinity of the Overland Drive
Overcrossing. These include, 12 KVA, 33 KVA and 115 KVA. Provisions have been
made for placing the 12 and 33 KVA in the conduit in the bridge structure, end
undergrounding portions of the 12 and 33 KVA systems.
-1- c~q~.~O41S'.overbnd.qd/~
The 115 KVA requires overhead relocations. The exact location of the re-rOuting of the
115 KVA ha~ not been determined. However, general routing has been proposed and
appears acceptable to all concerned.
The $CE issues include the following:
To satisfy the PUC requirements, additional Environmental Assessment will be
required, The documents for the additional Environmental Assessment are
being prepared by Southern California Edison and will be forwarded to the City
for consideration by the Raoning Commission.
The exact location and the right-of-way costs associated with this project.
Design costs for the relocation.
Construction costs for relocating the facility.
A very preliminary costs estimate for the relocation is as follows:
2.
3.
4.
Preliminary Design
Right-of-Way Costs
Final Design
Construction
Preliminary Cost Estimate
Contingency + 20%
Estimated Cost
20,000
60,000
60,000
500.000
640,000
1 ~8.000
768,000
It should also be recognized that, based on discussion with SCE, that pole delivery 'is
estimated to take 18 months from the date of order.
C. Other Right-Of-Way
The City has obtained the right-of-way from Coop on the southerly side of the
proposed structure. The northerly portion of right-of-way required is owned by Mrs.
Hill. Our City Attorney has been negotiating with Mrs. Hill's representatives, and
advised that the required right-of-way could be obtained from the property owner for
less than $200,000. Negotiations are continuing.
FISCAL IMPACT:
None
ITEM 15
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Joseph Kicak, Director of Public Works/City Engineer
April 11, 1995
Street Maintenance and/or Construction of Unpaved Streets
/
RECOMMENDATION:
That City Council review the alternatives presented and provide direction to staff.
BACKGROUND:
City Council at their meeting of March 14, 1995 directed staff to prepare a report addressing
the issue of maintenance of unpaved streets.
There is approximately 4.2 miles of unpaved streets. The listing of these streets and the
appropriate mileage for each is listed in the attached Exhibit "A".
By previous action, City Council authorized grading of certain streets after heavy rains to
provide access to proparty. The streets included in that action were: Santiago Road (0.36
miles), John Warner Road (0.46 miles), Liefar Road (0.86 miles) and Walcott Lane {0.53
miles). The total length of these four (4) streets is approximately 2.1 miles. The remaining
unpaved streets on Exhibit "A" is approximately 2.1 miles.
From our past experience, the work that has been parformed on the streets, the cost of
grading the 2.1 miles of the four (4) streets is approximately $1,200 after each rain. Based
on that experience it would be fair to estimate the additional cost of ~1,200 for grading the
remaining unpaved streets.
During the storms since January of this year, the authorized streets for grading as stated
above were re-graded seven (7) times at a cost of el ,200 each time, for a total cost of
$8,400. For that same period the additional cost for clearing and grading the balance of the
unpaved roadway would be an additional ~1,200 par grading or e8,400 (~16,800 total of
both).
The alternative would be to pave a minimum of two (2) lanes, each twelve (12) feet wide to
the City standard. The estimated cost for the paving, base material, drainage structures and
incidental work is approximately ~1.75 million for construction with an additional costs for
contingencies and incidentals in the amount of ~0.75 million for a total cost of $2.5 million.
The financing mechanism available to the property owners for such improvements are:
1. Pay cash for the improvements prior to award of contract.
2. Assessment District - with 1913 Act proceedings and 1915 Bond Act financing.
Recently, these altematives were explored by the residents along Liefer Road. Staff met with
the property owners, explained the proceedings for Assessment District. Subsequently staff
corresponded with all the owners, requesting that they sign a petition to form the Assessment
District.
The response was quite unfavorable. Of the 57 owners, only 12 responded. Of the 12
respondere eight (8) were in favor and four (4) against the formation of an Assessment
District. No response indicates that there was no interest in forming the Assessment District.'
Property owners representing less than 20% of the area responded. Of those responding,
12% was in favor and 8% was against the Assessment District formation.
For FY 1994-95,the City Council decided not to fund permanent road improvements through
Service Level R because of the potential that CSD law could be revised to allow a majority
protest provision within the law. This would mean that potentially, if property owners within
Service Level R were able to muster a majority protest, the rate and charge for that particular
year could be disapproved, and the City Council would have no recourse to recoup the
construction costs, which were proposed to be funded from the City's General Fund Reserve.
Therefore, the City Council directed staff to assist any property owners who desired in the
formation of an Assessment District to fund necessary road improvements. As a result,
property owners adjacent to Liefer Road submitted a request to the City to assist in the
formation of an Assessment District to construct street and drainage improvements to Liefer
Road.
FISCAL IMPACT:
Undetermined, depending on City Council direction end the future weather conditions annually.
ATTACHMENTS:
1, Exhibit "A"
TAR'{~ 1
~OVED - EMERGENCY MAINTAINED
SANTIAGO ROAD
LOCATION
JOHN WARNER ROAD
LIEFER ROAD
APPROXIMATE TOTAL MILES
TABLE 2
UNIMPROVED - EMERGENCY NON-MAINTAINED STl~TS
LOCATION MILES
LOL1TA ROAD
ORMSBY ROAD (dirt)
GATLIN ROAD
GREENWOOD LANE
PALA VISTA DRIVE
CALLE CHAPOS
CALLE SARAGOZA
CA~ ROAD
CALl]:- GIRASOL
.118
.06.$
.175
.354
.710
.090
.016
.400
lJ9'3 ~
ITEM 16
APPROVAl
CITY ATTORNEY
FINANCE OFFI(~~
CITY MANAGE
CITY OF TEMECULA
AGENDA REPORT
TO:
FROM:
DATE:
SUBJECT:
City Manager/City Council
Mary Jane McLarney, Assistant City Manager
April 11, 1995
Community Services Funding Program
RECOMMENDATION:
That the City Council consider the recommendations for the Community Services Funding
Grants for FY 1994~95.
BACKGROUND:
At the request of the City Council, Mayor Jeff Stone and Mayor Pro Tem Lindemans met with
Shawn Nelson and Mary Jane McLarney to review the applications for Assistance League of
Temecula Valley and the Riverside County Child Care Consortium. The Committee is
recommending the Assistance League be granted the 81,000 requested amount for equipment
for the Speaker's Bureau to promote Operation School Bell, Project Smile and Kids On The
Block. The Committee is recommending the Riverside County Child Care Consortium be
granted ~1,000 of the $5,000 requested amount for child care services.
FISCAL IMPACT:
A total of $22,500 is available for this program.
ATTACHMENT: CSD Funding Requests as of 4/11/95
r:~eyerek\oefetf
ITEM
17
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
C~Joseph Kicak, Director of Public Works/City Engineer April 11, 1995
Traffic Control Winchester Road at Jefferson Avenue and I-15 On/Off
Ramps
RECOMMENDATION:
That the City Council authorize the City Manager to enter an agreement to provide Traffic
Control Officers at Winchester Road at the intersections of Jefferson and I-15 easterly and
westerly on/off ramps, subject to review and approval by City Attorney, transfer ,11,880
from General Fund Unreserved Fund Balance and appropriate it in Public Works Traffic DivisiOn
Account No. 100-164-602-5250'Other Outside Services".
BACKGROUND:
The traffic congestion at the above-mentioned intersections has been increasing. It is
anticipated that manually controlling the traffic will relieve current congestion and considerably
improve the traffic circulation in that portion of the City. The City experienced a similar
problem in 1993 at Rancho Califomia and I-15. To improve the condition at that location, the
City retained the service of All Cities Management to manually control the traffic. It is
proposed that the same company be retained to provide these services at Winchester Road
and the intersections identified above. In recent discussion with Mr. Farwell of All Cities
Management, he stated that they would be willing to again provide such service to the City
of Temecula.
The proposal provides "Traffic Control Officers" between the hours of 3:00 p.m. and 6:00
p.m., with two officers at the intersection of Winchester with Jefferson, and one officer at
each of the two on/off ramps, total of 4 officers or 12 man-hours per day.
The cost is estimated at ,18.00 per man-hour. The daily cost is estimated at ,216.
It is proposed that the Traffic Control Officers be utilized Monday through Friday until the
completion of the ultimate improvements at Winchester Road and I-15 interchange.
The estimated completion date is January of 1997. Therefore the total estimated cost for the
use of Traffic Control Officers is ,93,960for the entire period, and ,11,880for the remainder
of the 1994-1995 fiscal year.
FISCAL IMPACT:
The total estimated cost is ~93,960 and $11,880 for the remainder of the 1994-1995fiscal
year. Source of funding is General Fund Unreserved Fund Balance.
-2- r:.~qdq~9~0411~l '- t,j:mt~Tt-
ITEM 18
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
City Council
Ronald E. Bradley, City Manager
April 11, 1995
Real Property Transfer Tax
RECOMMENDATION:
For City Council to receive and file this report,
STAFF REPORT:
Staff has investigated the abilities of the City to approve a real property transfer tax
for the purpose of assisting in construction of new schools.
The City Attorney's opinion (attached) concludes that the City is prohibited from
imposing a real property transfer tax under Article XIIIA, Section 4 of the California
Constitution and under Government Code Section 53725.
Under separate cover you received a letter dated February 28, 1995 from the law firm
of Lorenz Alhadeff Cannon & Rose indicating that there might be a possibility that this
type of tax could be permissible. The City Attorney has concluded that this possibility
does not exist for either the City or the School District. A copy of Mr. Alhadeff's
letter is attached for your review.
FISCAL IMPACT:
None.
Attachments
Burke, Williams & Sorensen Letter Dated 3/20/95
Lorenz Alhadeff Cannon & Rose Letter Dated 2/28/95
vB~lllMcotlrrYoJelcE
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LAW OFFICeS
811 ~tb~I'T IIX'IIt STR~cT,~ ~
LOS ANGELES. CALFOIINIA I(X)17
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OUR FKE NO. 02361.Q0e
March 20, 1995
Ronald Bradley
City Manager
City of Temecula
43174 Business Park Drive
Temecula, California 92590
'Re: Real Property Transfer Tax
RECEIVED
MAR 2 21995
CITY MANAGER
Dear Ron:
At your request, we have researched the City's ability to
impose a real property transfer tax with the revenue generated
therefrom to be used for new school construction. It is my
opinion that as a general law city, Temecula cannot impose such.a
tax. Such a tax would constitute a special tax in violation of
Article XIII A of the California Constitution (Proposition 13)
and Government Code Section 53725 adopted by the voters of the
State as part of Proposition 62. Under certain circumstances, a
Charter City could impose a real property transfer tax for
general purposes, but a two-thirds approval by the voters would
be required.
Discussion
1. California Constitution, article XIII X, Section ·
Imposition of a real proper~y transfer tax is strictly
prohibited by the California Constitution Art. XIII A, S · and
Government Code Section 53725. Art. XIII A provides in relevant
part:
"Cities, Counties and special districts, by a two-
thirds vote of the qualified electors of such district,
may impose special taxes . . · except . . . a
transaction tax or sales tax on the sale of real
property within such City, County or special district."
The California Supreme Court has defined a "special tax" as
taxes levied for a specific purpose, as opposed to a general fund
LAX2:I22.9~.I
Ronald Bradley, City Manager
March 20, 1995
Page 2
levy. (C4tv and County of Smn Fr~c4sco v. Farre3! (1982) 32
Cal.3d 47, 57.)
This distinction between special tax levies and general fund
levies was highlighted in F.~e!der v. C4ty of T~s Anae3es (1993)
· 14 Cal.App.4th 137. In F4e3der, the city imposed a transfer tax,
the proceeds of which became part of the city's general fund. A
challenge was brought under Article XIII A, Section 4. The court~
held that Article XIII A's prohibition on transfer taxes only
applied to transfer taxes earmarked for specific purposes.
General fund levies did not come within the prohibition of
Article XIII A, Section 4.
School Districts are also subject to the restrictions
imposed by Article XIII A, Section 4. In Hooqaeian Flowers. Inc.
v. State Board of ~nua~{zmt~on (1994) 23 Cal.App.4th 1264, the
San Francisco school district formed the Educational Financing
Authority (pursuant to Rev. and Tax. Code Section 7286.1, since
repealed) to impose a sales tax to benefit the school district.
The tax was approved. by a majority of the voters. The court held
that the school district was a special district within the
meaning of Article XIII A, Section 4. Since the school district
controlled the EFA, the court held that the EFA was a special
district. Finally, even though the revenue collected was to be
deposited in the school district's "general fund," because the
revenue was only to be used for educational purposes, the tax was
a special tax, and therefore a two-thirds approval vote was
required.
Thus, a transfer tax imposed by the City of Temecula, the
proceeds of which would go towards the construction of new
schools, would constitute a special transfer tax, under the
Farrell holding. This special transfer tax would be
unconstitutional under Article XIII A, Section 4 as analyzed by
the Fielder court.
2, government Code Beotion 53725
Government Code Section 53725 is a further prohibition
against imposing real property transfer taxes. Section 53725(a)
provides in part:
Ronald Bradley, City Manager
Nerch 20, 1995
Page 3
LAX2:I~.I
eNo local government or district may impose any
transaction tax or sales tax on the sale of real
property within the city, county or district."
Unlike Article XIII A, Section 4, this language does not
make a distinction between transfer taxes levied for special as
opposed to general purposes. Therefore, imposition of real
property transfer taxes for any purpose is prohibited by this
section.
Cases interpreting Section 53725 have held that it does not
prohibit a charter city from imposing a real property transfer
tax. In F~sher v. Co,,n~V of Al~med~ (1993) 20 Cal.App.4th 120,
the court recognized that real property transfer taxes do not
implicate the star,wide concerns that ad valoremproperty taxes
do. The court held that because transfer taxes were not a matter
of star,wide concern, charter cities were not bound by the
prohibition of Section 53725.
No court has yet held that Section 53725's ban on transfer
taxes imposed by general law cities is invalid. Further, no
court has addressed whether Section 53725 bans school districts
from imposing a real property ~ransfer tax. However, "district"
is defined as "an agency of the state, formed pursuant to general
law or special act, for the performance of governmental or
proprietary functions within limited beunderies." (Section
53720.) This language encompasses school districts, thus a court
is likely to hold that Section 53725 would ban the imposition of
a real property transfer tax by a school district.
Increasing the City's Current Real Property Transfer
Tax
Revenue and Taxation Section 11911 permits a county to
impose a real property transfer tax of up to $.55 per $500.00 of
value and a city to obtain half of that revenue upon the
enactment of an ordinance to that effect. The revenues generated
by such a tax must be placed into the city's general fund.
While at first blush this section my seem to contradict
both of the above prohibitions on enacting transfer taxes, in
C.~tv Of C~thedr~l C~tVv- Co,,ntv Of R~v~r~ae (1985) 168
Cal.App.3d 960, the appellate court harmonized the statutes. In
Cathed=al City, the city attempted to pass an ordinance in 1981,
Ronald'Bradley, City Manager
March 20, 1995
page 4
pursuant to Section 11911, to obtain its share of real property
transfer tax currently assessed by the county. The court held
that such an ordinance did not violate Article XIII A, Section 4
of the Constitution because it was not a tax increase. The
ordinance simply allowed the city to obtain its share of a tax
that was being assessed prior to Proposition 13.
The City of Temecula already receives. its allowable share of.
the County's transfer tax via a similar ordinance.
Conclusion
Thus, general law cities are prohibited from imposing
special transfer taxes under Article XIII A, Section 4 of the
California Constitution. Further, Government Code Section 53725
prohibits general law cities from imposing any real property
transfer taxes. Only a charter city can impose real property
transfer taxes, and then only if the revenues are placed into the
charter city's general fund and the requisite two-thirds approval
of all registered voters is obtained, per California Constitution
Article XIII A, Section 4.
If you have any further questions or comments, please feel
free to call me at any time.
Peter M. Thorson
of Burke, Williams, and Sorensen
co:
Mary Jane McLarney
Gary Thornhill
David Hogan
LORENZ ALHADEFF CANNON & ROSE
A pA.q'rNr,.qSHtP INC~.U~NG PriOrrOSSK:)NA~ CONFOleAI'~QNS
February 28, 1995
Te'idetCUlUlb OFFIGI:
tq[pe, Y TO TrMIrCUL, A OFFICE
6961.1034
Honorable Karl Lindemans, Councilmember
City of Temecula
43174 Business Park Drive
Temecula, CA 92590
Re:
General Law City Transfer Fees on Real Property to
Finance Construction of Schools
Dear Councilmember Lindemans:
To assist the Council in its consideration of alternatives for mitigating financial impacts
on school facilities from new residential development, we' have made a pre'kminary review of the
possibility of a City levy of a transfer fee on conveyances of real property. This suggestion, as
you know, was proposed by Mayor Stone for consideration.
The power of local government to tax is not inherent. The power is derived from the
California Constitution upon authorization by the Legislature. Art. XIH, § 24. Government
Code section 3'7100.5, enacted in 1982, is the legislative grant to local government of the power
to levy a general tax, which would include a transfer tax or a utility tax, without voter approval.
A tax levied for the city's general fund to be utilized for general governmental purposes is not
subject to the two-thirds vote requirement of Article XIXI A, section 4. City and County of San
l~rancisco v. F~rrell (1982) 32 Cal.3d 4'7, 51, 52, 57. A city's increase of a real estate transfer
tax from 0.75% to 0.95% is not barred by Article XIII A of the C, alifomia Constitution. f..0_hll
v. City of Oald~nd (1990) 223 Cal.App.3d 261,262-63.
However, an open issue exists as to whether the authorization of Government Code
section 37100.5 continues to perufit general law cities to impose any transaction tax or sales tax
on the sale of real property within the city. Government Code section 53725(a) provides:
(a) Except as permitted in Section 1 of Atticie yrrl A of
the California Constitution, no local government or district may
LORENZ ALHADEFF CANNON ROSE
Karl Lindemans, Councilmember
February 28, 1995
Page 2
impose any ad valorem taxes on real property. No local
government or district may impose any wartsaction tax or sales tax
on the sale of real property within the city, county or district.
Section 53725(a) was adopted by citizens initiative as part of Proposition 62 in the November
1986 General Election. Certain sections of Proposition 62, for example certain sections imposing
a referendum requirement on the taxing power of local government, have been held
unconstitutional in the context of a general law city's enactment of,a general utility tax on
electrical power, gas, telephone, and cable television service supplied and consumed within the
city. City of Woodlake v. Log_an (199I) 230 Cal. App.3d 1058, 1065-69.
In concluding that Government Code sections 53723, related provisions of 53724, and
53728 were unconstitutional- The court specifically severed the unconstitutional sections from
the remaining sections of Proposition 62, including section 53725. The court found that-
section 53725 met the three criteria for severability: ..grammatical, functional and volitional'
.ndependence. 230 Cal. App.3d at 1070.
t
In addition, in a case in which a charter iaw city enacted an ordinance imposing a transfer
tax of $2.25 for each $500 or fractional part thereof of the value of the property, a charter law
city's transfer tax has been held not to be preempted by Government Code section 53725(a).
Fielder v. Cirv of Los Angeles (1993) 14 Cal. App.4th 137, 14246. In Fielder, the court did
not address thi issue whether section 53725(a) impliedly repealed, to the extent it is inconsistent,
the authorization of Government Code section 37100.5. Because a charter law city's sovereign
tax power derives from the California Constitution, and. not from the authorization of
section 37100.5, it 'seems unlikely that a statutory initiative coutd take away a charter city's
sovereign power.
However, a statutory initiative is on a more equal footing with a legislatively-adopted
statute. There is authority that the people may use the initiative procedure, as in Proposition 62,
to repeal a state tax law. Carlson v. Cor~ (1983) 139 Cal. App.3d 724, 728 (repeal of the state
inheritance tax by initiative). It appears to be an open issue whether section 53725(a) may have
eliminated a general law city's ability to impose a real estate transfer tax. Accordingly, we
suggest you request the City Attorney review and advise you on this issue.
It also appears to be undecide~l whether a transfer tax imposed as a general tax might be
valid if approved by a majority of voters in an election.
LORENZ ALHADEFF CANNON & ROSE
Karl Lindemans, Councilmember
February 28, 1995
Page 3
This is not a definitive analysis of the city's authority and power to impose a transfer tax.
We want only to bring to your attention some relevant authorities and suggest that there are
significant legal issues on which your City Attorney could advise you.
Sincerely,
Samuel C. Alhadeff, P.C., of
LORENZ ALHADEFF CANNON & ROSE
a: mav.ltr
CO.'
other four councilmembers
Ron Bradley, City Manager
Peter Thorson, City Attorney
ITEM
19
TO:
FROM:
DATE:
SUBJECT:
APPRO A T
CiTY ATTORNEYRY)k~
CITY OF TEMECULA
AGENDA REPORT
City Council/City Manager
Gary Thornhill, Director of Planning~'
April 11, 1995
Request for City Council Support of
Governments (WRCOG)
Endangered Species Act
the Western Riverside Council of
Position on the Reauthorization of the Federal
Prepared By:
Craig D. Ruiz, Assistant Planner
RECOMMENDATION:
Adopt a resolution entitled:
RESOLUTION NO. 95-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
SUPPORTING AMENDMENTS TO THE FEDERAL ENDANGERED SPECIES ACT
BACKGROUND
The Western Riverside Council of Governments (WRCOG) Executive Committee has identified
seven issues of concern with respect to the Federal Endangered Species Act (FESA) and its
impact on local jurisdictions and their role in implementing the law. WRCOG has endorsed the
following positions on the seven issues of concern (See Attachment No. 1 ) which they believe
should be considered as part of the FESA reauthorization. The WRCOG is requesting that
member cities adopt a resolution supporting WRCOG's position.
In Attachment No. 1, staff has provided a letter from WRCOG which briefly describes the
seven issues of concern. Attachment No. 2 provides a detailed description of the background,
issue and position of WRCOG for each of the seven concerns. Staff recommends that City
Council adopt the attached resolution supporting WRCOGs position.
FISCAL IMPACT
There will be no fiscal impact to the City to adopt the attached resolution. However, staff
does expend staff time to implement the FESA. Should the positions of WRCOG be included
in the reauthorization, staff time on this matter could be reduced.
Attachments:
March 15, 1995 Letter from WRCOG - Page 2
Detailed Description of WRCOG's Issues of Concern - Page 3
Resolution of Approval - Page 4
R:\STAFFRPT\MRCOGESA.CC ~,/'5/95 ktb 1
ATTACHMENT NO. 1
MARCH 15, 1995 LETTER FROM WRCOG - PAGE 2
R:\STAFFRPT\UltCGGESA.CC 6/3195 ktb 2
VRCOG
Western Riverside Counc~ of Governments
County of Riverside, City of Banning, City of Beaurnon~ City of Ca#mesa, City of Conyon Lake, City of Corona,
City of Hernet, City of Lake Bsinore, City of Moreno Valley, City of Murrieta, City of Norco, City of PerTis,
City of Riverside, City of San Jadnlo, City of Temecula
March 15, 1995
Mr. Ron Bradley, City Manager
City of Temecula
43174 Business Park Drive
Temecula CA 92590
RECEIVED
MAR 1 71995
CITY MANAGER
RE: ENDANGERED SPECIES ACT
Dear Ron,
The WRCOG Executive Committee has identified seven issues of concern with respect
to the federal Endangered Species Act and its impact on local jurisdictions and their role
in implementing the law. Along these lines, the WRCOG Executive Committee has
endorsed the following principles which they believe should be considered as part of the
ESAs reauthorization. Additional materials are attached explaining these issues in more
detail.
In order to maximize our effectiveness in getting Congress to incorporate these changes
into the Acts reauthorizafion, it would be desireable for each of our .member jurisdictions
governing bodies to adopt a Resolution in support of the WRCOG Executive Committees
position. A draft Resolution is attached, for your convenience,. We would appreciate
your agendizing this matter for action at your next regularly scheduled meeting.
KEY ISSUES: Endangered Species Act
n LISTING DECISIONS The existing requirements for use of "best scientific and
commercial data available" and "substantial scientific or eommerdal information' do not
always ensure an adequate level of data and information upon which to make listing
decisions. More extensive information' and a higher factual and scientific threshold
should be required to support the listing process. This should also include an improved
and expanded scientific peer review process, and standards for the content of citizen
listing petitions.
tn FUNDING The federal and state governments should fund a fair-shar~
contribution of conservation planning and mitigation. Finandal assistance should be
provided to local governments to assist in the development and implementation of
conservation efforts; such as matching funds, funding for debt service, greater use of
3737 Main Street, Suite 420 · riverside, CA 92501 · (909) 787-7985 · Fax (909] 787-7991
Land and Water Conservation Fund monies, loan guarantees, income or capital gains tax
credit, and similar measures.
n ECONOMIC IMPACT Listing'decisions curren~y do not include consideration
of the economic actions, conditions and costs necessary for the conservation and recovery
· of a species. Bconomic cost. considerations should be included in listing dccisions, and
cconomics infused throughout. the process. This is not necessarily to say that economics
should outwcigh specics protection, but rather that the law should give more consideration
to thc economic affects and costs associated with thc listing and recovery of a species.
r~ PUBLIC LANDS Maximum use 'of public lands for conservation of threatened
and endangered species. The use of public lands should be the first priority for the
purposes of meeting the habitat and conservation needs of the ESA.
r~ SPECIES VS. HABITAT There is concern over the individual, species-by-
species approach to listing and conservation. A broader, multiple-species habitat
conservation approach is favorable. Language which recognizes the value of
comprehensive multi-species planning and conservation should be included in the ESA.
n ABUSE OF ADMINISTRATIVE DISCRETION The ESA must establish clear
'guidelines and standards for the type and extent of biological an other information needed
or required by the USFWS for habitat conservation plans, recovery plans, and the like,
to avoid unwarranted pressure for more information and studies from federal staff. There
should be no 'moving targets'; criteria should be established up front in the process.
r~ AGREEMENT ON AlPROVED PLANS Once a multi-species conservation
plan is approved, it should be accepted as meeting all local obligations for the area
covered and any new species subsequen~y listed should not require additional action if
that species is adequately covered by the previously approved plan. Mitigation of new
species subsequen~y listed will be the sole responsibility of the federal government.
We appreciate your interest in this matter. Please feel free to contact WRCOG if we can
be of further assistance. The Executive Committee looks forward to your favorable
support.
Respectfully,
ExA~~veDirector
ATTACHMENT NO. 2
DETAILED DESCRIPTION OF WRCOG'S ISSUES OF CONCERN - PAGE 3
R:\STAFFRPT\MRCOGESA.CC ~/3/95 kLb 3
o USTXNG DECrS ONS
BACKGROUND: The lis~ng of a species as threatened or endangered is a key component
of the Endangered Species Act (ESA). Two procedures are available to initiate the listing process:
· First, the Secretary of the Interior may list a species on the basis of "the best scientific and
commercial data avnil__able* ...without regard to the decision's possible economic, social or political
effects. (16 U.S.C. 4 1533Co)(1)(A); 50 C.F.IL 44 424.10, 424.11(c). In other words, the only
information which may be considered concerns the species; the economic impacts of Iisting play no role
in the process, except in the case of designating critical habitat and in developing recovery plans (see
Economic Impact). The Secretary must clearly describe the grounds for the decision to list a species
in the Federal. Register listing Notices, and this decision must be supported by expert scientific analysis
that establishes a rational connection between the availablc evidence and the conclusion reached.
· Second, the ESA also provides for a citizen's petition process which allows an individual person
to initiate a listing when a species is not listed on the Secretary's own initiative. The citizen's petition
need only be supported by "substantial scientific or commercial information indicating that the-
petitioned action may be warranted' (16 U.S.C. 4 1533 Co)(3)(A); 50 C.I:.R. 4 424.14(b)(1).'
"Substantial information ' is defined as 'that areount dinformation that would lead a reasonable person
to believe that the measure proposed in the petition may be warranted'. Under the citizen's petition
process, the Secretary considers whether the petition:
o Contains a detm~led narrative justification for the recommended listing action, including a
description (based on available information) of past and present threats to, and humben and
distribution of, the species at issue;
o Provides information regarding the species' status over all or ' a significant portion of its range';
o Is accompanied by appropriate supporting documentation, such as bibliographic references and
copies of applicable publications, reports, letters, maps, etc.
ISSUE: The existing requirement for use of "best scientific and commercinl data avnilablc'
or "substantial scientific or commercinl information" does not always ensure an adequate level of
information upon which to make listing decisions.
POSITION: More extensive information should be required to support the listing process:
/ Establish higher factual and scientific thresholds for listing determinations
Establish higher factual standards or "check-llst" for content of citizen listing
petitions
/ Improve and expand scientific peer review process, including opportunities
for"substantial [scientific] disagreement regarding the sufficiency or accuracy of available
data"
/ Require a public hearing in the area(s) that would be most affected by the proposed listing
FUNDING
i~ACKGROUND: Funding to implement the ESA is typically authorized by Congress
through appropriations to the Department of Interior's Fish and Wildlife Service to enable it to
carry out such functions and responsibilities as it may be given under this Act. For the most
part, these appwpriations are primarily for financing the ongoing day-to-day operations and
functions of the USFWS.
Section 13(d)(3) of the Act (as amended, 1992), authorizes the Secretary of Interior to "acquire
areas of land, or interests therein, which are suitable for the conservation of endangered or
threatened species...except that such acquisitions shall be accomplished only with such funds as
may be appropriated therefor by the ConiCtess or donated for such purposes..."
Section 6 of the Act {as amended, 1992) also authorizes the Secretary "to enter into a
cooperative agreement with any State which establishes and maintains an adequate and active
program for the conservation of endangered and threatened species" [of wildlife and plants].
The cooperative agreement program also authorizes the State [fish and game] agency to "acquire
land or aquatic habitat or interests therein, for the conservation of reside~ endangered or
threatened species of fish or wildlife or plants..-"
While these sections of the ESA provide potential funding mechanisms, the fact is that no federal
grant program or other larl;e funding source is currently available for purchasing habitat or
otherwise mitigating for threatened and endangered species. The Land and Water Conservation .
~ Fund CLWCF) frequently has been mentioned as a possible funding source for habitat
purchase/mitigation- The LWCF has $g.235 billion, against which a small amount of money
is appropriated each year for specific projects nationwide. However, Congress keeps the fund
as large as possible to help offset the national debt. It would seem that more funds could be
released or the statute amended to authorize loans or bonds or to pay for needed debt service to
repay these loans/bonds to purchase habitat, since the money would eventually be paid back.
More locally, the argument has been made that the ESA is a federal law, and therefor the federal
government should provide the funding for the protection it mandates; i.e., the benefits of
protecting species are shared by all citizens, therefor all citizens should share the costs, and not
primarily or disproportionately by the private landowners who have endangered species, or their
habitat, on their land.
The countervailing argument is that the leading cause of the decline in native species is habitat
destruction as a result of industrial, commercial and residential development, livestock grazing,
offroad vehicle use, mining and timber harvesting, water and flood control projects, and
agricultural activities, among other things; and therefore, the burden of funding species
conservation should be borne by those state and local jurisdictions whose land use planning and
development permitting activities allowed this habitat destruction in the first place.
ISSUE: Federal, state and local governments, and their citizens, share the
responsibilities and benefits of protecting species and habitat, and each should share the costs.
With regard to the federal role and responsibility, the ESA or other separate legislation should
provide adequate funding or strategies to the task at hand.
FUNDING (continued)
POSITION: The federal government should fund a fair-share contribution of
species and habitat conservation, planning and mitigation. F'mancial ~_~istance should be
provided to assist in the development and implementation of local conservation efforts, as
follows:
/ "Line Item" or other-special Congressional appropriations
/
/
Matching Funds
Land and Water Conservation Fund or reallocation of outer continental sheff
oH and gas royalties
Debt Service Legislation (pay the full mount of interest on a loan, bond or other
debt instrument used by a state or political subdivision to fund habitat acquisition
implementing an HCP)
Exchanges/acquisitions involving federal assets (BLM land exchange, base
closure lands, properties .held by Resolution Trust Corporation or Farmers Home
Mortgage Administration - or portion of sale proceeAs)
Loan guarantees
/
/
/
Federal grant or other assistance programs
New Federal Funding Source to Implement the ESA
Income or Capital Gains Tax Credit for conservation of habitat lands
m ECONOMIC I1VIPACT
I~ IGROUND: While listing decisions currently do not include consideration of the economic
ac,,~ns and conditions necessary for the conservation of a species, the ESA does contain provisions for the
consideration of economic dfects regarding the designation of critical habitats and thc development of
recovery plans.
More specifically, when designating critical habitat, the Secretary must consider, in a detailed economic
impact analysis, the probable economic and other impacts of the designation on current or proposed human
activities (16 U.S.C. § 1533(o)(2); 50 C.F.R. § 424.19). Moreover, once a species is listed, the Secretary
is required to develop and implement a "recovery plan" providing for the conservation and survival of the
species, unless s/he finds that Such a plan would not promote the species' conservation.
Each recovery plan must contain "Estimates of time required for and costs of achieving the plan' s ultimate
goal of species recovery..." (16 U.S.C. § 1533(f)(1)(B)- Along these lines, the USFWS has implemented
a Species Recovery Priority System which "assigns each Disted] species a rank of I to 18 according to the
degree of threat, recovery potential,...and presence of an actual or imminent conflict between the species'
conservation and development or other economic actiriS" COSFWS "Policy Guidelines for Planning and'
Coordinating Recovery of Threatened and Eudangered Species"; May 1990, pp. 4-5).
The failure to designate critical habitat and to develop and implement recovery plans at the time of listing
is a common problem. A major cause of this failure is inadequate funding of the USFWS to carry out
these functions and provisions of the ESA.
· ~" ! sectors of the business community and private landowners fe~l the ESA should be modified to focus
n,,,,e heavily on the economic analysis and impact of listing decisions. These sectors believe the federal
government should be required to prepare a detailed economic study that outlines the total impact on local
government, jobs, housing availability and cost, essential public services, and the overall impact on the
quality of life in the areas affected by the proposed listing.
"Economic impact" may be the most controversial issue surrounding reauthorization of the ESA, as it is
viewed by the environmental community as an attempt to ignore or circumvent the original purpose of the
Act. There is already inadequate funding and resources under the existing ESA to designate critical habitat
and develop and implement recovery plans [which already include economic analysis requirements]. If
this funding were provided, there would be no' need for additional economic analysis. In the absence of
this funding however, new requirements for such analysis may be necessary.
ISSUE: Listing decisions currently do not include considerations of the economic actions and
conditions necessary for the conservation and recovery of a species.
POSITION: Consideration of economic costs should be included in listing decisions:
/
/
Include economic cost considerations in the listing process
Require approval of Recovery Plans at the time of final listing or within a specified time after
listing and provide adequate funding
Strengthen the requirements for and limit discretionarY exceptions to designation of critical
habitat concurrently with species listing and provide adequate funding for economic analysis
PUBLIC LANDS
BACKGROUND: The responsibility for consen4ng listed species usually involves owners of
priv~ property where thes~ species or their hzbitat occur. Under these circumstances, the ESA provisions
prohibiting 'take' has potential implications relative to the Fifth and Fourteenth Amendments as regards
compensation and due process.
The issue of private property could be avoided or reduced by m~ldng maximum use of public lands for
the. conservation of threatened and endangered species and their habitat. This strategy how~,er, does
assume that the species/habitat in question occurs on public lands and in adequate quantity and quality to
ensure the long-term survival of the species.
To the extent that adequate quantities and quality of existing or suitable habitat/species do occur on public
lands, these lands could be available and used to the maximum degree possible in fulfilling the'
requirements of the Act. This strategy might require that management practices on thes~ lands be changed
from managing them for resource harvesting, multiple uses, recreation, or other uses that do not emphasize
conservation of wildlife resources, to managing them exclusively for biodiversity.
Another strategy for maximizing use of public Iknds for ESA purposes is the exchange of public lands with
low wildlife resource values for private lands with high wildlife resourc~ values. The Bureau of Land
Management (BLM) curren~y uses this technique in the western Riverside region for SKR conservation.
In addition, Resolution Trust Corporation assets and Farmers Home Mortgage Administration assets are
routinely sold at auction and/or through direct negotiations to recover federal funds lost from the SSd., bail-
out or through defaulted' loans. When such lands have conservation value, they may be acquired by a
local, state or federal conservation agency. However, since these ar~ already public domain lands, they
should be available in some manner .to serve as the source of federal contributions for ESA habitat
conservation purposes. For example, the sale proceeds or a portion thereof could be used to establish a
trust fund for purchasing lands with desired conservation value for ESA purposes; to underwrite loan
guarantet~ or debt service; or, to serve as a new federal funding source to implement the ESA. -.
In addition, listing decisions, critical habitat designations, a~d recovery plans should examine the extent
to which all public lands have existing or suitable habitat for the species under review. This information
should be considered and identified in the initial and final Federal Register Notice as well as the entire
listing process. Toward titis end, the National Biological Survey should initially focus on listed and
candidate species and their occurrence on public lands.
ISSUE: The use of public lands should be the first priority for purposes of me~ting the
habitat/species conservation needs of the ESA.
POSITION: lVlaximum use of public lands for conservation of threatened and endangered'
species:
Give priority to the use of public lands in species conservation and recovery dforts. All federal
public hnds should be reviewed and considered for ESA needs, as outlined above.
The National Biological Survey should focus on listed and candidate species and their
occurrence on public hnds
--- m SPECIFB VS. HABITAT
BACKGROIjND: The current species-by-species approach to listing and conservation
planning for threatened and endangered species is particularly problematic in California because
of the sheer numbers of species involved and the land use patterns associated with a growing
population. In 1973, California had 24 federally listed species. As of September 1993,
California had 109 listed and 12 candidate animal species and 213 plant species; another 48
species are proposed for listing. There are 1013 candidate species.
This is representative of California's rich ecosystem diversity. Within these natural ecosystems,
there are as many as 400 distinct habitat types and an unusually high number of plants and
animals (8000 species of plants; 821 vertebrate species, including 368 bird species, 214
mammals, 129 species of reptiles and amphibians, and 110 species of fish). An estimated 35
animal and 38 plant species have become extinct or are no longer found within the state.
At the same time, California is home to a growing abundance of people. During the 1980's,
California's population grew at nearly three times the national rate (26% vs. 9.8%): The total
population in the state as of January 1993 was 31.5 million. The state's population is expected
to double to over 60 million people by the year 2040.
The species-by-species, agency-by-agency management approach characterized by the current
ESA is typically fraught with controversy and gridlock. The current ESA is not ecosystem
based, is not proactive but rather reactire (conservation efforts are not undertaken until a species
is already listed), and can be prohibitively expensive and time-consuming Just as one species
gets resolved, another is listed and the process has to start over again.
A broader and more flexible approach is to encourage plans that conserve sensitive habitat types
or multiple-species rather than individual species; i.e., multiple-species habitat conservation
plans (HCPs). HCPs are a more systematic, anticipatory and proactive approach to coordinated
resource management that allows for both reasonable, compatible development and certainty in
planning for developers and conservationists. alike. HCPs are gaining in popularity as a way to
minimize conflicts between listed/candidate species and local land use development.
While the ESA includes provisions for HCPs as part of a Section 10{a) 'incidental take" p~rmit
(16 U.S.C. § 1539(a)(2)(A), HCPs are not a 'cure-all', however, and can also be fraught with
many problems: reliance on inadequate scientific data, monitoring and enforcement; failure to
provide for species recovery; use of an HCP in lieu of recovery plans or designation of critical
habitat. Indeed, the need for biological data increases exponentially when the focus moves from
individual species to habitat or ecosystem. Nonetheless, HCPs provide an greater opportunity
for certainty in planning for both environmental and societal needs.
ISSUE:
Should the ESA continue to address threatened and endangered species on
an individual basis, or should the focus of conservation planning
emphasize sensitive habitats and entire ecosystems.
[] SPECIF--S VS. HABITAT (continued)
POSITION:
Authorize multi-species habitat management plans as an alternative to recovery phns
and provide adequate funding to local jurisdictions for MSHCP development
Establish dear guidelines for the content of MSHCPs
[] ADlV TIVE DISCRETION
BACKGROUND: The current regulations and procedures for implementing the
provisions of the F_,SA allow for considerable administrative discretion by USFWS staff. While.
this does provide-opportunities for flexibility to respond to differing conditions and-
circumstances, it also allows for uncertainties and unwarranted pressures.
A particularly vexing and frustrating example is biology; how much is enough or needed to serve
as a basis for conservation planning? The answer is too often a moving target...no two
biologists can agree. This unknown aspect always leads to more studies, which means more
time and money. The need for more scientific data appears to increase exponentially..-
Meanwhile, the property owners who are affected are caught in the middle.
There needs to be more certainty in the planning process and requirements at the on-set. In the
absence of designating critical habitat and development of recovery plans, the federal regulators
ought not ask of local agencies any more than would be provided from the regulators
themselves.
ISSUE:
The type and extent of administrative discretion afforded to USFWS. staff.
POSITION:
Reduce the extent of administrative discretion to avoid unwarranted
pressure from federal staff.
Establish dear guidelines and standards as to the type and extent of biological data
and other scientific information required for habitat conservation plans, recovery
plans, and the like.
?- m AGREEMF-NT ON APPROVED PLANS
BACKGROUND: A pronounced frustration with the ESA is the lack of 'closure'; i.e.,
just as one species gets resolved, another is listed and the process has to start over again. This
aspect of the Act contributes to continuing controversy and gridlock-
This is a particularly frustrating dilemma in the western Riverside region where upwards of $28
million dollars and over eight years of efforts have been directed toward the conservation of the
Stephens' lcangaroo rat, and several additional species have subsequently been listed with several
others also being considered for listing or as candidate species. There doesn't appear to be any
end in sight; like the Everyready rabbit, it just keeps going... and going.. .and going.
This issue is closely related to that of Species vs. Habitat. Once a comprehensive, multi-species
conservation management plan is approved, it should be certified as meeting all local obligations
-for the area covered by the plan. Any new species subsequently listed should not require
additional action if that species or its habitat is adequately covered by the previously approved
plan. Mitigation of new species subsequently listed would be the sole responsibility of the
federal government.
Under these conditions, the ESA should address the issue of 'closure' for local conservation
management activities. Them should be a point at which the USFWS certifies as complete those
arus implementing comprehensive multi-species conservation management plans for the affected
territory. Once this certification has been received, no additional conservation activities would
be required of the local plan. The federal government would bear the full responsibility of any
and all mitigation required for a subsequently listed species, as this would constitute an unfunded
federal mandate. -.
ISSUE:
'Closure' for local conservation planning and implementation/management
activities; agreement on approved plans.
POSITION:
Approved multi-species conservation management plans should be accepted
and certified as meeting all local obligations under the ESA. Once
certification is received, any new species subsequently listed should require
no additional conservation efforts if that species is adequately covered by the'
approved plan. The federal government should bear the sole .and full
responsibility of any and all mitigation required for a subsequently listed
species ·
ATTACHMENT NO. 3
RESOLUTION OF APPROVAL
R:\STAFFRPT\IICOGESA.CC ~/'5/95 ktb 4
RESOLU'HON NO.
A ~IJ. rrION OF THE CITY COUNCIL OF THE CITY
OF TNMECULA, C.~LB~'ORNIA, SUPPORTING
AMENDI~3~S TO THE FEDERAL ENDANGERED
~ ACT
w~, reauthori--finn of the Federal ~-~t,ngered Species Act (hereinafter, the
Act) is pending before the Congnns of the United States of America; and,
WHER]?~,dkS, the Act as curtearly constituted, implemented and 8timini~ has
resulted in significant impacts on local governments, jobs, housing availability and costs,
essential public services, and the overall quality of life and private prolnty in those areas
and communities affected by threntened and endangered species and their habitat; and,
WH~:RR6,S, amending the Act can resolve and rectify many of these problems while
simultaneously providing adequate safeguards to insure conservation of the Nation's
threatened and endangered wildlife resomces; and,
WHERF-~q, amendments to the Act have been identified and endorsed by the
Western Riverside Council of Governments, of which the City Council of the City of
Temecula is a member, to provide for human needs and a sound economy while also
providing for the long-term survival of rare, threatened and endangered species;
NOW, THEREFORE, BE 1T RESOLVED, that the City Council of the City of
Temecula, California does hereby endone and support amendments to the federal
Endangered Species Act which are consistent with the following pthciples:
Section 1. LISTING DECISIONS The existing requirements for the use of "best
scientific and commercial dam available" and "substantial scientific or commercial
information" upon which to malta listing decisions. More extensive information and a higher
factual and scientific threshold should be required to support the listing process. This should
also include an improved and expanded scientific peer review process, and standards for the
content of citizen listing petitions.
"Section 2. FUNDING The federal and state governments should fund a fair-share
contribution of conservation planning and mltiptiCm. FlnsmCinl s-~sistsunce shotlid be
provided to local governments to assist in the development and implementation of
conservation efforts; such as matching funds, funding for debt service, greatn' use of Land
and Water Conservation Fund monies, loan guarantees, income or capital gains tax credit,
and similar measure.
RMos 57 I
~s:tion 3. ECONOMIC IMPACt Listing de,~jsk~s cmreatiy do not
considemioe of the economic actions, conditions and costs ncces--.y far the conservation
consideration to the economic affects and com associa~ with the listing and recovery of a
speck.
Section S. SPECIES VS. HABITAT There is concern over the ~ual, species-
by-species approach to listing and conservation. A bxmder, mulHple*mpedes habitat
conservation ~pproach is favorable. Lmxguage which recognizes the value of comprehensive
multi-species plnnning and conse/~lficm should be included in the ESA.
Section 6. ABUSE OF ADMINISTRATIVE DISCRETION The ESA must establish
clear guidelines and standards for the type and eommt of biological and other information
needed or required by the USFWS for habitat consenra~on plans, recovery plans, and the
like, to avoid unwarranted pummn'e for more information and mtudiem from fezlezal stiff.
There should be no 'moving targin'; criteria should be e~abli-~h~l i~p front in the prtx:e~.
Section 7. AGI~I~IENT ON APPROVED PLANS Once a multi-species
conservation plan is approved, it should be accepted ms meeting all local obligations for the
area covered and any new species subsequen~y listed should not require additional action if
that species is adequately covered by the prm, iously apptoved plan. Mitigation of new
species subsequen~y listed will be the sole respo~ty of the federal government.
PASSED, APPROVED AND ADOPTED, by the City Council of the City of
Temecula at a regular meeting held on the th day of ,1995.
ATTEST:
J~ E. Stone, Mayor
June S. Greek, City Clerk, CMC
[SEAL]
STATE OF CALr~ORNIA)
COUNTY OF RIVERSIDE)ss
C1TY OF TEMECULA)
I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that
Re,~lution No. 9S- was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the th day of , 1995, by the
following vote:
0 COUNCH-~MBERS:
NOES:
0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
lune S. Greek, City Clerk, CMC
TEMECULA COMMUNITY
SERVICES DISTRICT
ITEM 1
MINUTES OF A REGULAR MEETING
OF THE TEMECULA COMMUNITY SERVICES DISTRICT
HELD FEBRUARY 28, 1995
A regular meeting of the Temecula Community Services District was called to order at 8:40
PM at the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California·
President Ron Roberrs presiding.
ROLL CALL
PRESENT:
ABSENT:
5 DIRECTORS: Lindemans, Muftoz, Parks, Stone, Roberts
0 DIRECTORS: None
Also present were General Manager Ronald E. Bradley, General Counsel Peter Thorson and '
City Clerk June S. Greek.
PUBLIC COMMENTS
None given.
CONSENT CALENDAR
Director Mur~oz requested the removal of Item No. 3 from the Consent Calendar.
It was moved by Director Lindemans, seconded by Director Stone to approve Consent
Calendar Item No. I and 2.
The motion carried by the following vote:
AYES: 5 DIRECTORS:
NOES: 0 DIRECTORS:
ABSENT: 0 DIRECTORS:
Lindemans, Mu~oz, Parks, Stone, Roberts
None
None
Swim Team Agreement
1.1
Approve the Agreement between the City of Temecula Community Services
Department and the Temecula Tritons Swim Team, for use of the Community
Recreation Center Swimming Pool.
Minutee.ced\022895 -1 -
Review and Aooroval of the 1994-95 Mid-Year Budaet
2.1 Adopt a resolution entitled:
RESOLUTION NO. 95-01
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
COMMUNITY SERVICES DISTRICT AMENDING THE FISCAL YEAR 1994-95
ANNUAL OPERATING BUDGETS
Parkview Site Project - Phase II
Director Mur~oz asked if there would be an economic advantage to do all the water
treatment planned for this project at one time.
Director of Community Services Shawn Nelson said he had the opportunity tO talk
with the consultant, RJM Design, who indicated there could be some economies
with respect to design costs and mobilization of equipment.
Director Parks voiced his concern about adding features to the contract and
jeopardizing the grant being received for the desiltation of the lake.
Director Mur~oz stated he has contacted the State and discussed this project and
the issuance of a grant would not preclude the City from discussing other features.
Director Stone stated he is in favor of the original plan based on costs.
Director Parks suggested designing the plumbing to accommodate future water
features, but not constructing the waterfall at this time.
It was moved by Director Parks, seconded by Director Mu~oz to approve staff
recommendation, with direction to staff to bring an amendment to the agreement
back to the Board of Directors to address design for the future waterfall element.
3.1
Approve Amendment No. I of $66,300to the design contract with RJM
Design Group, Inc. to include the design, construction documents, and
construction administration for Phase II of the Parkview Site Project,
described as the upper pond and channel improvements adjacent to the
Sports Park Desiltation Lake.
The motion was unanimously carried.
Minutee.esd~02289S -2-
DISTRICT BUSINESS
4. Santa nertrudis Creek Trail - Final Agreement with Riverside County Flood Control
Director of Community Services Shawn Nelson presented the staff report.
Jeannie Gillen, 38160 Avenida La Cresta, spoke in favor of the agreement to utilize
the Santa Gertrudis Channel end thanked staff for their efforts.
R. Jane Vernon, 41002 County Center Drive, representing Supervisor Bob Buster's
office, thanked staff on both sides for working together.
Cecelia Axton, 30169 Sierra Madre Road, expressed concerns regarding littering
and asked if these trails will be used for horses end motorbikes.
Director of Community Services Shawn Nelson stated the trails would be for non-
motorized used, however equestrian use will be allowed.
It was moved by Director Parks, seconded by Director Stone to approve staff
recommendation as follows:
4.1
Approve the Agreement between the City of Temecula and Riverside County
Flood Control to utilize the Santa Gertrudis Channel Improvements for
Recreation Trail purposes.
4.2
Appropriate $25,000 in Public Facilities - Development Impact Fees for the
necessary trail improvements.
The motion was unanimously carried.
DIRECTOR OF COMMUNITY SERVICES REPORT
None given.
BOARD OF DIRECTORS REPORTS
None given.
Minutee.ced%022895 -3-
ADJOURNMENT
It was moved by Director Stone, seconded by Director Parks to adjoum at 9:12 PM to a
meeting on March 14, 1995, 8:00 PM, Community Recreation Center, 38075 Rancho
Vista Road, Temecula, California. The motion was unanimously carried.
ATTEST:
Ron Roberrs, President
June S. Greek, City Clerk/Secretary
MINUTES OF A REGULAR MEETING
OF THE TEMECULA COMMUNITY SERVICES DISTRICT
HELD MARCH 14, 1995
A regular meeting of the Temecula Community Services District was called to order at 8:46
PM at the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California.
Vice President J. Sal Mufioz presiding.
ROLL CALL
PRESENT:
ABSENT:
4 DIREC'r'ORS: Lindemans, Mufioz, Parks, Stone, Roberrs
I DIRECTORS: Roberrs
Also present were General Manager Ronald E. Bradley, General Counsel Peter Thorson and
City Clerk June S. Greek.
PUBLIC COMMENTS
None given.
CONSENT CALENDAR
It was moved by Director Lindemans, seconded by Director Stone to approve staff
recommendation as follows:
1. 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.
The motion was unanimously carried with President Roberts absent.
GENERAL MANAGERS REPORT
None given.
DIRECTOR OF COMMUNITY SERVICES REPORT
None given.
BOARD OF DIRECTORS REPORTS
None given.
minutes.cad%031495 -1-
ADJOURNMENT
It was moved by Director Stone, seconded by Director Stone to adjourn at 8:50 PM to a
meeting on March 28, 1995, 8:00 PM, Community Recreation Center, 30875 Rancho
Vista Rood, Temecula, Califomia. The motion was unanimously carried with President
Roberts absent.
Ron Roberts, President
ATTEST:
June S. Greek, City Clerk/Board Secretary
minutee.ced~031496 -2-
ITEM 2
APPROVAl
CITY ATTORNEY
CITY OF TEMECULA
AGENDA REPORT
TO:
Community Services Board of Directors
PROM:
Ronald E. Bradley, General Manager
DATE:
April 11, 1995
SUBJECT:
Completion and Acceptance of the Loma Linda Perk Phase II
Improvements- Project No. PW94-O2CSD
PREPARED BY:
f~Shawn D. Nelson, Director of Community Services
~)on Spagnolo, Principal Engineer - Capital Projects
RECOMMENDATION:
1. That the Board of Directors direct the City Clerk to:
a. File the Notice of Completion and release the Performance Bond.
Accept a one (1) year Maintenance Bond in the amount of 10% of the contract
value upon acceptance of the improvements.
Release the Materials and Labor Bond seven (7) months after acceptance of the
improvements if no liens have been filed to that date.
BACKGROUND:
On June 14, 1994, the City Council awarded a contract for the Loma Linda Park Phase II
Improvements to Marina Contractors, Inc. in the amount of 8104,104.00.The Contractor has
completed the park site improvements as specified in the construction contract. The work
completed includes the installation of landscaping and an automatic irrigation system, a tot-lot
play area with rubberized access, play equipment, berbeques, picnic tables and concrete
sidewalk.
All the improvements were constructed in accordance with the approved plans and
specifications, within the allotted contract time, to the satisfaction of the Director of
Community Services. The construction retention for this project will be released on or about
thirty five (35) days after the Notice of Completion has been recorded.
Pe13~qdq~O411~Tw94..O2.M~ 0330
FISCAL IMPACT:
The contract amount for this project was 8104,104.00 plus a contingency amount of
$10,410.40. One contract change order has been approved for an amount of ~186.00,
bringing the total contract amount to $1 04,290.00. The project was constructed within the
combined contract and contingency 8mount of $114,514.40. Funds for this project were
allocated from Quimby Fees.
ATTACHMENTS:
1. Notice of Completion
2. Maintenance Bond
3. Contractors Affidavit
pwl3~qdlpt~O411'~,acc 0330
QTYQ, BIK
QTYOFI":
4.1174
Temeeule, M~
8PA~E
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The City of Temecula is the owner of the property heralnafter described.
2. The full addreu of the City of Teecub is 43174 Business Park Drive, Temecula,
Califomis 92590.
3. A Contract was awarded by the City of Ternscub to MARINA CONTRACTORS, INC.
to perform the following work of improvement: PW94-02CSD LOMA UNDA PARK PHASE II.
4. Said work was completsd by sam company according To plane and specifications and
to the satisfaction of the Director of Public Works of the City of Temecuis and that said work was
accepted by the City Council of the City of Temecula at a regular meeting thereof held on AWl 11,
1995. That upon Mid contract the SAFECO INSURANCE COMPANY OF AMERICA was surety for the
bend given by the said company as require by law.
5. The proparty on which Mid work of improvement was conq~etecl is in the City of
Temecuis, County of Riverside, State of California, and is described as follows:
ASSESSOWS PARCEL NOS. 918-:294-013, 918295-019, 918-3614)01,918-3614302, 9183614303,
918-362-022, 918-362-023.
6. The street address of said proparty is: 30877 LOMA UNDA ROAD.
Dated at Temecula, California, this day of
.1995.
STATE OF CAUFORNIA )
COUNTY OF RIVERSIDE ')
CITY OF TEMECULA )
JUNE S. GREEK, City Clerk
I, June S. Greek, City Clerk of the City of Temecuis, Califomis and do hereby certify under penalty of
parjury, that the foregoing NOTICE OF COMPLETION is .true and correct, and that said NOTICE OF
COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of
Riverside by said City Council.
Dated at Temecuis, California, this . . day of .1995.
JUNE S. GREEK, City Clerk
l~mdClP-O01 Pay. 12-541 pw131dpq~xojets%pw93-O4.esg~aompletn.not 011194
IOND
BOND NO. 580 17 12
PRI~IUM: INCLUDED
KNOW ALL lIEN BY TIEBE FtlEaENl~ T~AT:
. MARINA CONTRACTORS, INC- 17602 ARNSTRONG AVENUE
' A~IMEAND ,~DDRESS OF COAtTRACTOR
IRVINE, CA 92714
CORPORATIOS , her/IT relied Pdnolpd, end
.
I/i~lm m~ Cc,,m//m, Pa~.e~ or AeV~fdba~
SAFECO INUSRANCE COMPANY OF AMERICA
NAME A~g) APEV'E*3~ OF SURETY
17570 BROOKHURST STREET FOUNTAIN VALEY, CA 92708'
hMsinsltof called SURh I'Y. Ors MId sad italy boumi tmto CITY OF 'IIIt~CULA,
hsminsltsrcMIsdOWNl=R, inthtpentlmm'o( ONE HUNDRED FOUR THOUSAND TWO HUNDRED
EIGHTY-NINIE .; I)OLLA!I2 lag
C211F2 ($ 104,289.84 ' } ire ~,'Wlul montV o! the United SlitIs, for the PeWnat of
which sua~wdl ~ t~y (o Ix awls, We bind ourselves, successors sad assigns, Jointly and
ON such that whorsss. the P~ncipll satered into b etasin
ContrsctwiththeOWNERodttedthe 14TH gIVat L JUNE , ¶2 94 ,Icopyo~whkshb
hofato attached and made · pat hsmd fo the eonstmction of MtOJECVII~'.~ZC~LOMA
UNDA PARK NIAIE I.
WHEREAS, asM Contact provides that h Principal will furnish · bend ceedltloned tO g~efs rtsa
for the period of one yew after limproyal ~ the final sitbaste on aid Job, by the OWNER, Igeb~t
all defects b workmanship end mat·ride which may become aNNarefit during asia laded; end (
WHEREAS;the said ~ntfsct has been~eompleted and was 8pproved m' FEBRUARY 10TH I ..
19, _95 '
NOW, THEREFORE, THE CONDITION OF 'HI8 OBLIGATION 16 SUCH, that If witNn one year from
the date of ·pixovel of the said Cornfro, the work done under the tea of ladd Centreel
disclose poof workmanship in I1~ exeouti-n of said work, and the carrying out of the tersa of asid
Contre~t, of It droll appear that alefestive. nddl were rumjibed thereumMr, then thil
shell remain in full force and virtue, otherwise 1Ns iralament shell Ix void.
M-1
HARIHA
~/gned end ended tbb. ~ 0Tedmy of HARCH
I
~AFECO INSURANCE COMPANY OF AHERICA
(Name)
ATTORNEY TN FACT
IT/tie)
***
MARINA -CO CTORS, INC.
Robert B. Cowan
presiaent
By:
tNsme)
e~.62 ·
,
mldAMmBONO
ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On 3/10/95 before m~ Chrl -~t~ n~ M. R~DD. Nntary Pub] i ~-
Dart Name, Tttk of OlBm' - e,S- "Jame Doe, Notary PuNic"
personally appeared DouQlas A. RaDD
Names(s) of Sigmet(s)
personally known to me or proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
eapaeity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity on behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal,
Signature of Norarye/1 ' ~ ~
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent
fraudulent attachment of this certificate to unauthorized documents.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document
Number of Pages
Date of Document
OPTIONAL SECTION/
CAPACITY CLAIMED BY SIGNER
Individual(s)
Corporate
Omeer(s)
TItle(s)
SIGNER IS REPRESENTING:
Name of persons or entity(lea)
Partner(s)
Other
Attorney-in-Fact
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACTOR'S AFRDAVIT AND FINAL Rm
PROJECT NO. PW94-O2CSD
LOMA LINDA PARK' PHASE II
This is to certify that NARINA CON~RACT~DRS INC. (hereinafter the
"CONTRACTOR") declares to the City of Temecula, under oath, thst heat hs~ been paid in full for
all materials, supplies, labor, ~ervices, tools, equipment, end all other bills r,~_cted for by the
Contractor with regard to the I~aqding, erection, construction, or repair of that'certain work of
improvement known as PROJECT NO. 9W94'02CSDsituated in the City of Temecula, State of
California, more particularly described as follows:
LOIIA !,IDA PARK PHASE B
The Contractor deolaras that it knows of no unpaid debts or claim arising out of aid
Contract which would constitute grounds for any third party to claim s stop notice against of any
unpaid sums owing to the Contractor.
Further, in connection with the final payment of the Contract, the Contractor hereby
disputes the following amounts:
Description
Dollar Amount to Dispute
Progre~R Pmvment
S]),317.35
Retention
10,428.98
Pursuant to Public Contracts Code t7200, the Contractor does hereby fully release and
acquit the City of Temecula and all agents and employees of the City, and each of them, from any
and all claims, debts, demands, or cause of action which exist or might exist in favor of the
Contractor by reason of payment by the City of Temecula of any contact amount which the
Contractor has not disputed above.
Dated: 3/9/95
Rnh~r~ R _ Onw~n, Prp.~
Print NaN end TltJe
I1-I
OF ATI'ORNEY
HOME OFFICE; SAFECO PLAZA
SEAI'r',.E, WASHINGTON 98185.
No. 9221 /,
KNOW ALL BY THESE PRESENTS: '
Thal SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF ;kMERICA,each
a Washington corporation, does each hereby appoint
~OU~AS A- RAPP, pasadena, ~aZ~orn~
,ts true and lawful attorney(s)-inT'.fact. with full authority to execute on its behalf fidelity and surety bonds or undertakings
and othbV c~,uments of a simjla;~ charmer issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCECOMPANY OF AMERICAand GENERAL INSURANCE COMPANY
OF AMERICA have each executed and attested these presents
2ha October 89
this clay of .19
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. -- FIDELITY AND SURETY BONDS... the President, any Vice President, the Secretary· and any
Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority
to appomt individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the
company fidelity and surety bonds and other documents of similar character issued tw the company in the course of its
busines:~... On any instrument making or evidencing such appointment, the signatures may k~e affixed by facsimile. On any
instrum,:nt conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be
impressPd or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the
validity of any such instrument or undertaking.*'
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(~) The provisions of Article V. Section 13 of the By-Laws. and
(u) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(in) Certifying that said power-of-attorney appointment is in full force and effect.
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile Thereof."
I. Boh A. Dickey. Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL' INSURANCE
COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of
Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the
By-Laws, the Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto sat my hand and affixed the facsimile seal of said corporation
this 10~..h day of ~
· 19 95
S-974R103 86 I:WINTEDINUSA
ITEM 3
APPROVAl
CITY ATTORNEY.
FINANCE OFFICER
GENERAL MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
Community Services Board of Directors
FROM:
Ronald E. Bradley, General Manager
DATE:
April 11, 1995
SUBJECT:
Completion and Acceptance of the Sports Park Slope Repair
Improvements- Project No. PW93-O6CSD
PREPARED BY:
RECOMMENDATION:
1. That the Board of Directors direct the City Clerk to:
a. File the Notice of Completion and release the Performance Bond.
Accept a one (1) year Maintenance Bond in the amount of 10% of the contract
value upon acceptance of the improvements.
Ce
Release the Materials and Labor Bond seven (7) months after acceptance of the
improvements if no liens have been filed to that date.
BACKGROUND:
On March 8, 1994, the City Council awarded a contract for the Sports Park Slope Repair
Improvements to American Contracting, Inc. in the amount of e223,445.00.The Contractor
has completed the park site improvements as specified in the construction contract. The work
completed includes the excavation and reconstruction of the damaged portion of the slope
below. Margarits Road, the irrigation and landscaping of the reconstructed slope, and the
excavation and reconstruction of portions of the earthen trapezoidal channel at the Rancho
California Sports Park.
All the improvements were constructed in accordance with the approved plans and
specifications, within the allotted contract time, to the satisfaction of the Director of
Community Services. The construction retention for this project will be released on or about
thirty five (35) days after the Notice of Completion has been recorded.
FISCAL IMPACT:
The contract amount for this project was $223,445.00 plus a contingency amount of
$22,344.50.Three contract change orders have been approved for an amount of ~99,657.04,
bringing the total contract amount to $323,102.04. Funds for this project were allocated from
Fund Balance in the TCSD - Community Services, Parks, and Recreation budget.
ATTACHMENTS:
1. Notice of Completion
2. Maintenance Bond
3. Contractors Affidavit
CrrYQ,BtK
CITY OF Tet. IECU: 4
43174 Budnee Prom Ddve
Tememala, CA 12~le
I~ACE
AOOVE 1110 UNE FOR
F'CDIIC,_,'I UIE
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The City of Temecula is the owner of the property hereinafter described.
2. The full address of the City of Temecuis is 43174 Business Park Drive, Temecuis,
California 92590.
3. A Contract was awarded by the City of T~mcde to AMERICAN CONTRACTING, INC.
to perform the following work of improvelTter~: FWg~ SPORTS PARK SLOPE REPAIR.
4. Said work was completed by uid company according to plans end Nacifications and
to the satisfaction of the Director of Public Works of the City of Temecula and that Mid work was
accepted by the City Council of the City of Temecuis at a regular meeting thereof held on Ape 11,
1995. That upon said contract the GENERAL ACCIDENT INSURANCE COMPAY OF AMERICA was
surety for the bond given by the said company as required by law.
5. The property on which said work of improvement was completed is in the City of
Temecula, County of Riverside, State of California, and is described as follows:
ASSESSOR'S PARCEL NO. 945-050-007.
6. The street address of said property is: 42775 MARGARITA ROAD
Dated at Temecula, Califomia, this day of
· 1995.
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF TEMECULA )
JUNE S. GREEK, City Clerk
I, June S. Greek, City Clerk of the City of Temecuis, California and do hereby certify under penalty of
padury, that the foregoing NOTICE OF COMPLETION is true and correct, and that Mid NOTICE OF
COMPLETION was duly end regularly ordered to be recorded in the Office of the County Recorder of
Riverside by said City Council.
Dated at Temecula, Colifomie, this day of
· 1995.
JUNE S. GREEK, City Clerk
Fonm/C!!a~O01 by. 12-~41 pw13Naip1~o~ots~pw93..O4,omtXoomplem,not 011134
Bond No. SB0001924
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
MAINTENANCE IOND
KNOW ALL MIN BY THIIE FRilINTI THAT:
' ' NAME AND ADDRESS OF CONTRACTOR
92590
8 ~ ., heroinafter eelled Principal, and
~ ill whither · ColliereWe, PartnerIMp or individullJ
General ~cr. idpn~ Zn.qurance Cglpanv of Americao_13drO Treat Blvd #400,1111nut Creek,Ca 93496
NAME AND ADDRESS OF SURETY
heroinaltar called SURETY, are held end firmly bound LmtO CITY OF TEMECULA,
I~ereinefteraelkKIOWNER, in the l:enel aum of Thirty. Two Thousand Foqrty Nine Do11ors
and..12/100ths - DOLLARS and 12/100ths
CEIITI ($ 32,049. j2' ) in lawful money of the United States, for the Daymerit of
which sum well end 'truly tO'be made, we bind ourselves, successors and onions, jointly and
severally, fimdy by thee presents, ._,,.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into e carte,
con. sot with the OWNER, dated the ~ clay of 14Ae~ .199__4, a copy of which is
hereto attached end made e DIrt hereof for the construction of PROJECT NO. PW93-06.
WHERIAI, Mid Contrast Wovides that the Principal will furnish a bond oonditioned to guarantee
for the larlod of one year after al~proval of the final estimate on Mid job, by the OWNER, against
all defects in workmanship and materials which may become apparent during said period; end
WHEREAI, the Mid Contract has been completed, and was approved on
18 95.
NOW, T!4ERIF~, THE'CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from
the date of alaqxov81 of the Mid Contract, the work done under the terms of Mid Contract shell
disclose poor wOrkmanship in the execution of said work, and the carrying out of the terms of said
Contrast, or IT Ibm11 appear that defective materials were furnished thereunder, then this obligation
shall remain in full force end virtue, otherwise this inSTrument shall be void.
MAWllNMICl lIND
M-I
pwOm44p~We/eee~awl$-OeU.dPke.
8~nod end geeled this 271h day of
March
Mark E; S~reckepga%;
{Nm~
Attorney in Fact
ImRINOIR ' acting,
Byi ~
(Name)
FRISS'rD:EN'Z'
(Tide)
By:
kNeme)
(TiTle)
Inc.
ewOg~p~)eete~ew$$-O$V:kfPk$.
STATE OF' CALZIPORHIA
) s.s.
COUNTY Olt Los AnGeles
x Personalr~'~novn to me; ' ·
or proved to me on
the person(B) whose
instrument and sokn~edged
same Ln hLs/kax~Skeix authorized oapaoLty~,. a~ that by
hLs/~:~_i~ signature(a) on
entity upon behalf
.ZTNESS my hand and official seal.
~-" : e~.'~M. z3. l~:
· of Notary Pub~Lc8~ """ ....... ""' ..... "'---.----
mm
CAPACITY CL~ZH~I) BY SXGNrJII
Though statute does not require the notary to gill in the data
be:or, doing so may prove invaluable to persons relying on the
document.
Zndtvidual (s)
corporate oggicer(s)
Titles
Partner(s)
Attorney-in-Feet
Trustee(s)
Guardian/Conservator
Other:
LlmJted
and
and
General
Signer is representing: Surety
A~HZON NOTARt: although the
optional, it Gould prevent fraudulent
certificate to unauthorized doomseAt,
Title or type of documents
Number of pages:
Signer(s) other than named above:
attachment
information requested below
oZ this
Date or document
upkV h'--a%tr:~ ~ .
wSd~V -, vr At_- IMm
Ixincipal ofrme in Philwldl~i,~dm herel}y mle, mmllulm and lpoiM Rktw~Adeir, Jeeeph E. CocNwt, MmS.,~N[~nikaL doethe
City of Los Angeles, State of Ca'f:. 4'f ................ - ......
i: : : - - i!'- .i~-::,':: -;~i"-: "::-~:.
e~chindividu~d~y~fthembem~m~ha~enanad~btn~nd~fu~A~k~-~yinF~c~~~~r~~:~~ ":
as its act and deed any and d bonds and ,.-Z;d-" ~ls of suretyship, and Io bind the GENERAL ACCIDENT INSURANCE COMP.sJ(Y OF AkERICA hmeby
~sfu~y~nd~h~m~ch~)m~dundert~k1g~X~h~1~i~fyk~~~~~n~~~
GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA and sealed and stiesled by one olher of such olncem, and hereby ratifies.~~ dl
thatitsmddAttomey(s)-in-Factmaydoinpumhem~,Wwidedthstnobond~un~.~ " :g of sumtysNp execuled under this authodly sha~ exceed in
the amount the. ~mq ol: TwentyFive Milion
"5 i -
· .... .- .
them lo,acute on bllmlree the Coml2eny:bona and:~iN~:'it.&ll, Leo, -' ,k-et. oonlrma ed'indemfly and dherwdll;obiglmy in lhe mllam~, end So atach b.
wlm'theCompmyllwlo;w~l~allalohmmpowerlormm/wcl~AIomm/-in-Faclalmytmeandmh~~~~ Anyinlumm
exacu~dbymnyBuchm-k~FmBh.ill~al~up0nU~eCmnFwP/mifdOn.dbymEao~,~~~~-"
ACCIDENT INSURANCE COMPANY OF AMERICA, It · meeting hem on the 20th day of ~.*~;'ii wh~E.,i:::i~mi~ ~i',:~*'i ~
has not been amended or repealed: iF::' ::::.;:;::::' . ::::':':' :'!;ii:~::::::::::':::? ::*::*:'-': :" Ei:':'/. Efi !'..:;i:*- ·
· - :!!ii': ....T:' ::i:':'sT* i:.T.*' ,:':¥:'.' :ai~* :;':';'
C~n1wiymaybeaf~edt~mysuchp~were~Ni~meyermymd~kiim~re~byfacim~e~1mianymuc~i~E:~:m~~:~:~ ~-
I ~ESS:WH~=R~=~F~GENERALACC~DENT~4SURANCEC~MPANY~FNV~ER~CAhascausedthesepresentst~beW~~.har~b
Commonwealth of Pennsylvania
Philadelphia County
10 dmy of ~q~,-t '
!
GENE ACCIDENT INSURANC OF/IIERICA
For verification of the authenticity of this Power of Attorney you may call, 1-800-288-2360 and ask for the Power of Attorney supervisor. Please reter to the Power of
Attorney number, the above named individual(s) and details of the bond to which the power is attai:hed. In Pennsylvania, Dial 215-625-3081.
5B-0027 3.92
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACTORS AFFIDAVIT AND RNAL R:tw~gE
This ietocertlfythat ;J,ALUl (:X~3~X::[~G, ]:NC. ,(hereirmfterthe "undersigned")
declares to the City of Temecula, under oath, that it has paid in full for all materials, supplies,
labor, services, tools, equipment, and all other bills contracted for by the undersigned or by any
of the undersigned'a agents, employees or subcontractors used or in corttribution to the execution
of its contract with the City of Tamecuss with regard to the building, erection, construction, or
repair of that certain work of improvement known as PROJECT NO. PW93-06 situated in the City
of Temecula, State of California, more particularly described as follows:
SPO RrS PARK SLOPE REPNR
The undersigned declares that it knows of no unpaid debts or claims arising out of said
Coreract which would constitute grounds for any third party to claim a stop notice of any unpaid
sums owing to the undersigned.
Further, for valuable consideration, the receipt of which is hereby acknowledged, the
undersigned does hereby fully release end acquit the City of Temecula and all agentS. and
employees of the City, and each of them, from any and all claims, debts, demands, or causes of
action which exist or might exist in favor of the undersigned by reason of the Contract executed
between the undersigned and the City of Temecula or which relate in any way to the work
performed by the undersigned with regard to the above-referenced construction project.
Further, the undersigned expressly acknowledges its awareness of, and waives the benefits
of, Section 1542 of the Civil Code of the State of California which provides: "A general release
does not extend to claims which the creditor does not know or suspect to exist in his favor at the
time of executing the release, which if known by him must have mateddally effeoted his settlement
with the debtor.'
This release is intended to be 8 full and generel release of any end all claims which the
undersigned now has or may, in the future, have against the City of Temecula and/or its agents
and employees with regard to any matter arising from The construction of the above-referenced
project or the Contract between the City of Tamecuss and the Contractor with respect thereto,
whether such claims are now known or unknown or 8re suspected or unsuspected.
Dated: ~ 21, 1995
Print Name and Title
RELEASE . R-1 im~tlmd3-Ollillmq.
ITEM 4
APPROVA~i~AE~E~.
CITY ATTORNEY
RNANCE
GENERAL
CITY OF TEMECULA
AGENDA REPORT
TO:
Community Services Board of Directors
FROM:
Ronald E. Bradley, General Manager
DATE:
April 11, 1995
SUBJECT:
Completion and Acceptance of the Kent Hintergardt Memorial Park
Improvements- Project No. PW94-01CSD
PREPARED BY:
(~__hawn D. Nelson, Director of Community Services
~Don $pagnolo, Principal Engineer - Capital Projects
RECOMMENDATION:
1. That the Board of Directors direct the City Clerk to:
a. File the Notice of Completion and release the Performance Bond.
be
Accept a one (1) year Maintenance Bond in the amount of 10% of the contract
value upon acceptance of the improvements.
Release the Materials and Labor Bond seven (7) months after acceptance of the
improvements if no liens have been filed to that date.
BACKGROUND:
On July 26, 1994, the City Council awarded a contract for the Kent Hintergardt Memorial Park
Improvements to Malek General Contractor in the amount of ~98,600.00,The Contractor has
completed the park site improvements as specified in the construction contract. The work
completed includes the construction of a 950 square foot masonry concession stand and rest
room facility, 225 square foot porch and the installation of a sidewalk,
All the improvements were constructed in accordance with the approved plans and
specifications, within the allotted contract time, to the satisfaction of the Director of
Community Services. The construction retention for this project will be released on or about
thirty five (35) days after the Notice of Completion has been recorded.
FISCAL IMPACT:
The contract amount for this I~o'ject was 098,600.00 plus a contingency amount of
09,860.00. Four contract change orders have been approved for an amount of 06,250.78,
bringing the total contract amount to 0104,850.78. The project was constructed within the
combined contract end contingency amount of 0108,460.00. Funds for this project were
allocated from Development Impact Fees.
ATTACHMENTS:
1. Notice of Completion
2. Maintenance Bond
3. Contractors Affidavit
pe13~!tpt~95~Jll~S-Ol.gc 0327
Pl~C~,d:)lllg IIr-QULs'Sll~ BY
AND RETURN 'TO:
CITYC:LBIK
QTYOFT"Ik'ECIP4L
43174 Budmie Pek Ddve
SPACE
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The City of Temecule is the owner of the property hereinafter described.
2. The full address of the City of Temecule is 43174 Business Park Drive, Temecule,
Califomis 92590.
3. A Contract was awarded by the City of Temecule to MALEK GENERAL CONTRACTOR
to perform the following work of improvement: PW94-01CSD KENT HINTERGARDT MEMORIAL PARK.
4. Said work was completed by said company according to plans and specifications and
to the satisfaction of the Director of Public Works of the City of Teecub and that said work was
accepted by the City Council of the City of Temeculs at a regular meeting thereof held on April 11,
1995. That upon said contract the AMWEST SURETY INSURANCE COMPANY was surety for the bond
given by the said company as required by law.
5. The property on which said work of improvement was completed is in the City of
Temecula, County of Riverside, State of Califomis, and is described as follows:
ASSESSOR'S PARCEL NO. 950-120026.
6. The street address of said property is: .31465 VIA CORDOBA
Dated at Temecula, Califomis, this day of
· 1995.
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF TEMECULA )
JUNE S. GREEK, City Clerk
I, June S. Greek, City Clerk of the City of Temecuis, Califomis and do hereby certify under lanalty of
perjury; that the foregoing NOTICE OF COMPLETION is true and correct, end that said NOTICE OF
COMPLETION was duly and reguisriy ordered to be recorded in the Office of the County Recorder of
Riverside by said City Council.
Dated at Temscula, California, this day of
.1995.
JUNE S. GREEK, City Clerk
FonedCW-4)Ol lay. 12-5-91 pw13~ip%lxc~mtB~pd3-O4.eecl%ernpletn.not 011194
BOND NO. 1290754
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
MNNTmANCE BOND
PROJECT NO. Plllf94.01~
IgFNT I'BVTER~ T MEMORIAL PARA'
KNOW ALLMENBY THEeEPREeENTBTHAT:MALEK GENERAL CONTRACTOR
1353 EL NIDO DRIVE
FALLBROOK. CA 92028
NAMEANDAD~OFCOWFtMCTOR
8
PARTNERSHIP
· heroinafter called Principal, and-
AMWEST SURETY INSURANCE COMPANY. 2445 5TH AVENUE; SUITE 220. SAN DIEGO,
NAME AND ADDtESS OF SURETY CA 92028
hereinafter cadled SURETY, am held and firmly bound unto CITY OF TEMECULA,
hereirmfter called OWNER, inthepenalsumof NINE THOUSAND EIGET EUNDRED SIXTY
DOLZARI 8rod NO/100
CENTS {$ 9,860,00 ) in lawful money of the United $tmel, for the laymR of
which sum wall and truly to be made, we bind ourselves, successors and assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain
Contract withthe OWNER, dated the 26TH deye~ JULY ,1994 ,a copy of whichls
hereto attached and made a part hereof for the consUuctjon of PROJECT NO. PW944)1C~D KBk"T
HINTERGARDT MEMORIAL PARK,
WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee
for the period of one mr after approval of the final estimate on said job, by the OWNER, against
all defects in workmanship and materials which may become apparent during said paried; and
WHEREAS, the said Contract has been completed, and was approved on .Trrr.v 9~ ,
1994 .
NOW. THEREFORE. THE CONDITION OF TeS OBUGATiON IS SUCH, that if within one mr from
the date of approval of the said Contract, the work done under the terms of said Conlzect ~
disclose poor workmanship in the execution of said work, and the carrying out of the tarfire of said
Contract, or it shall appear that defective materials were furnished thereunder, then this obligation
shell remain in full force and virtue, otherwise this insmanent shall be void.
M-1
· .I,% ~e4j,:l I~ -s/It 01 .eedlidld~ Ik~: 034044
,,,_,, Signed and sealed this 1 St day of MARCIt o ¶9 95,
(Seal)
MICHAEL W. THOMAS
(Name)
ATTORNEY-IN-FACT
(Title)
APmOVED AS TO
PRINCIPAL: MALEK GENERAL CONTRACTOR
LADISLAV MALEK
(Name)
PARTNER
rfitle)
By:.
(Name)
i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA "
County of SAN DIEGO
.d
On 3-1-95 before me. JOHN G. MALONEY, NOTARY PUBLIC
DATE NAME. TrTI~OFC3FFICER-E.G..'JRNEIX]E. NOTARYFUIUC'
personally appeared MICHAEL W. THOMAS
NAME(S) OF*S~GNER(S)
[] personafiy known to me - OR - [] proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
---~ OFT!0NAL SECTION /
CAPACITY CLAIMED BY SIGNER
fmelemlemmmlyegmme--'~"-_"mm-
I'1 INDMDUAL
[] CORPORATE OFRCER(S)
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instnm~m.
WITNESS my hand and official seal.
OPTIONAL
TITLE OR TYPE OF DOCUMENT
[] PARTNER(S) B ~
[] T~USTEF.,(S)
r"l GUARDIAN/CONSERVATOR
[] OTHER:
SIGNER IS REPRESENTING:
NUMBER OF PAGES DATE OF DOCUMENT
AMWEST SURETY
INSURANCE COMPANY
WOODLAND HILLS, CALIFORNIA
SURETY RIDER
To be attached to and form a pad of Bond No. 1 ~90754 in fie amoum of $ 9.860.00
on behalf of MALEK GENERAL CONTRACTOR ,
as principal and executed by AMWEST SURETY INSURANCE COMPANY, as Surety in favor of
CITY OF TEMECULA , as obligee.
Effective date of change: MARCH 31.1995
In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to the following
changes: MAINTENANCE BOND AMOUNT
Fmm: $9,860.00
$10,485.08
Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as heroin expressly
stated.
SIGNED, SEALED AND DATED THIS 31 ST
DAY OF MARCH ,19 95
AMWEST SURETY INSURANCE COMPANY
af41, UN-A9004 (REV. 1/90)9
AS' AN '-EHPLOYEE:~c-::'FI RLI)NEY AND ·A SSOC l: ATE S IN SURANCEt SE:R/-ICESL :" · '~ - '- .-
its true andhwfulARomey4n-Fa~. with t,,.~-,t power aM autho~ f~ and on behalf of the Can;mny as am,/ ~ '
to execute. delivex and affix the seal of the Company thereto ff a seal.is required on bonds.
recoglniT'Jrtces or other 'wfitte~ obliglltio!l$ in the rDltllfe thefe(ff as follows: "~ ~-.:~:7--- '{'-
Bid Bonds up to $e~)OO,O00,O0
:ontract (Performance & Payment), Court~ Subd~v~s'tof:-$ /~000,000~_~.
L~cense & Permit Bonds up to $~50;000,0·0 , -- ,---,-~_ -=
- .
N~scetLaneoUs ·Bonds up to $e;e;e50, O00oO0 '"~ .~ ....
Sma LL - eus~ mess Admt n~s t raft on Guaranteed eond~ · ,up- ~ o:, $;~8~ e_O#OOO,O
and to bind the Company, thereby. This appointment is made under and b~ authod~ of the-'8y-lAws-o~
C.j~Ki-ii~iC_JkTR _
This Po~er of..-~aorne.~ L- signed and sealed by facsm~|e under and bx the authorin.' of me follov':;L,,, re.-qh::lc>::- ~idopted m' ~I:,
Board of Directors of Arewest Surer}.' Insurance Company at a meeting duly held on December 1~,. 10'~.
RESOLVED. that the President or any Vice President. in conjunction with the .¢ecretar}' or any .~sistant Secretan'.
may appoint attorneys-in-fact or agents with authorin..' as defined or limited m the instrument evidencing the appointmen:
in each case. for and on behaff of the Company. to execute anti deliver and aft'Lx the seal of the Compa~-y to blind.-.
undertakings. recognizances. and suretyship obligations of all kmtis: and said officer~ may r,:nlov~- any ~t:ci~ attome.x -m-
fad or aaent and revoke any power of attorney previously granted to such person
RESOLVED FL'RTHER. that any bond. undertaking. recognizance. or sure.n..'shtp obiigat~oE .-i:::ll hv -..,.n~L aP.: ?inding
LIDon tik Coolpony:
{'i'} when siuned by the President or any Vice President and attested and sealed ~if :t sea) hi- rec:u~rec' n--
Secretar.-' or Assistant Secreta~': or
(H)when si~ned by the President or any Vice President or Secretan' or .~ssist:mt ~t:crctar~. an,i coun.~r-t',,n=d
and scaled ~ if a seal be required ) by a duly authorized attomev-in-i~ct or agent: or
(iii) when ciub- executed and ~ealed (if a seal be required~ by one or more at~c~mev~-in-f:tc.' or a.,.:;-n:s p'.~r~ua:';.'.
t, : and within the linxits o.+' the authorit3.' evidenced by the poxx-er of aaomey issued bY ti:r Conl.'3:u;3- :,
~uch person or persons.
RES()LVED FL'RTHER. that the signature of an'.,' authorized officer and ti~e seal of the Company raiL:' b,: :,."fixed hv
:':~.o4imlt= t:, ;,.nv power of attorney or ce~incation mereof autht~rizing ~c excel.lilt>.,2. :lEd de!iv:it:.' ¢',~ am bcn, d.
rr~_o.?n::.anct:. or ¢xher ,;uretyship obligations of the Company: and such signaturv and -~t:al when ~<~ used .-hk'.i!
-:HIIL' h}rcu :: .,!d elf'eel :1-; :hough manuallr affixed.
it> cc!"p.c rak' .~;:.d :I .. i-,c hereunto, affixed th~s Isr ciay of Januar.,'. !005.
karr:~ G. Cohen..',ccreta?'
- ,:' ;.: ..:::'. _ i'-':: !',d ,:'t' mv. Pc,zL'}' L;.. Lor,.fn: Z,c:,ta.w !%;hi... pCr~¢~naI!7 a?:,z..'-r.:.l .!:co E >:", :"x- .m.: r.C:~r=,:~. G. Cohen. per-
:ui'Z' ':..n~-..: -, ?-:~ .... .n*c,x c,.i D n~-:- :. ,:~ tEL- ha-,.~ o( satiqiactc~r-.- rx,,cienc'.-, to} br t.'A~: per-; ,r..,-~ ,.'.. ~'....-:- :;:L:27_-, >~ i- arc subscribed
i.' :::L' ". ~:. ::. :::-t:'.::~.~':'.t 2~I.2 ::.,.':-;n:~',,.icc;~'.: :.:. llh.- :tii t:l:t' )h.. '~h: '.lit:\ exectlLed t!]r ~;L::l:' !1~ i'.i- ;::.': ::.:::' ;!L:t::'.ff:Z~'d capacity(ies),
:?~..; ti:.' :~'...!- it,_"' .'n~.-i:' >!;Ill:!tL;re! >, o.~. tilL' ir!~-tTUlll'2:~. lhc p=rsc.u::.>x or tile entity. aD,..,? i-,cn.;ii', ' v.n:~h .:hi De!'sonts~ acted.
t:Ct:t~L:, :}1!:
CITY OF TEMECULA, PUBUC WORKS DEPARTMENT
CONTRACTOR'S AFRDAVIT AND RNAL R~:t w'%~E
PROJECT NO. PW94.-O I CSD
KENT HINTERGARDT MEMORIAL PARK'
This is to certify that Malek General Cont:actor . (hereinafter the
'CONTRACTOR') declares to The City of Temecula, under oath, That hefK has been paid in full for
all materials. supplies, labor, services, tools. ecluilxnent. and all other bills contracted for by the
Contractor wiTh regard to the building, erection, construction, or telair of that certain work of
improvement known as. FROJECT NO., ~1 01CSD KENT HIN113~GARD1' MEMORIAL PARK
situated in the City of Temeculs, State of California, more particularly described as follows:
PWg4-01~ ICEliT HINTBtQAIIDT BORIAL PARK
The Contractor declares that it knows of no unpaid debts or claims arising out of said
Contract which would co,~,titute grounds for any Third party to claim s atop notice against of any
unpaid sums owing to the Contractor.
Further, in connection with the final pareant of the Contract. the Contractor hereby
disputes the following amounts:
Description
Dollar Amount to Dispute
Pursuant to Public Contracts Code 17200, the Contractor does hereby fully release end
acquit The City of Temecula and all agents and employees of the City, and each of them, from any
and all claims, debts, demands, or cause of action which exist or might exist in favor of the
Contractor by reason of payment by the City of Temecula of any contact amount which the
Contractor has not disputed above,
Dated: March 13, 1995
By: ~~
Signature
T~adislav Malek, partner
Print Name and TrUe
RELEASE It-1 f:~ ~ ~ixaJeA~wl4 (~l.eecllidle~ lice: 034044
CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT
[Califernta Civil Code §3262(d)(3)]
4Amount of CheCk) |Plyle or PIyHS Of C~k)
and when the check has been properly endorsed and has been paid by the bank upon which it is
drawn, this document shall become effective to release any mechanic's lien, stop notice, or bond
right the undersigned has on the job of ~ ~~ -
located at ~ ~~ ' ~~,~, 'h"~ ' ·
This release covers the final pa~he u~;ersi~%ed for all labor, services, equipment or
material furnished on the job, except for disputed claims for-additional work-in the amount. of
$ '~ ' . Before any recipient of this document relies on it, the party should verify
to the undersigned.
By
iTiller
NOTE: This form of release complies with the requirements of Civil Code Section 3262(0')(3). It is not effective until the che~,k that
constitutes final payment has been properly endorsed, and has cleared the Dank.
USE REVERSE SIDE AS RELEASE FOR INDIVIDUALS PERFORMING LABOR FOR WAGES
~;OLCOTTS ~-0RM 326: 3-CONO;Ti0r~A, WAIVER AND ~ELEASE UPON FINAL P~YME,%T--Re~ 1-65
_: 1985WOLCOTTS INC
ITEM 5
CITY ATTOR~E~~
FINANCE OFRCE
CITY MANAGER
CITY OF TEMECULA
AGENDA REPORT
TO:
Board of Directors
FROM:
Roneld E. Bradley, General Manager
DATE: April 11, .1995
SUBJECT: Senior Citizen Advisory Committee
PREPARED BY: ~ Herman D. Parker, Recreation Superintendent~
RECOMMENDATION: That the Board of Directors:
Authorize the Community Services Commission to appoint five (5) senior citizen residents to
serve on an ad-hoc Senior Citizen Advisory Committee.
DISCUSSION: Upon request of the Community Services Commission, in
September of 1994, two (2) Community Services Commissioners were selected to work
closely with staff to assess the need of establishing an ad-hoc Senior Citizen Advisory
Committee. The two (2) Commissioners selected were Jeff Nimeshein and Rich Soltysiak.
On September 28, 1994, Commissioner Nimeshein and Commissioner Soltysiak met with staff
to discuss the feasibility of establishing a Senior Citizen Advisory Committee. Several topics
were discussed which included identifying the need for an advisory committee, defining the
purpose of the advisory committee, and determining the steps necessary to form an advisory
committee.
After much discussion, staff and both commissioners agreed there was a need for a Senior
Citizen Advisory Committee and recommended that staff move forward with the establishment
of this ad-hoc committee.
The purpose of the proposed Senior Citizen Advisory Committee will be to assist and support
the staff concerning programs and activities of the Old Town Temecula Senior Center. The
Committee may also advise on matters affecting the general welfare of seniors in the
community, and on issues of interest to the senior population.
Attached for your review are guidelines for the establishment of the proposed Senior Citizen
Advisory Committee.
FISCAL IMPACT:
None, other than staff time to support this committee.
Smior C'~iz~u Advisory Committee
In an effort to provide the Senier Citizens of the Old Town Ternearls Senior Center with an
dfective method of comn~,nicatlng senier progrim and activity needs and also to provide
City staff with senior citizen suppen of proEr~ms and services, this proposal ootlines the
formation of a Senior Citizen Advisory Committee.
The Senior Citizen Advisory Committee shatl assist and support the staff,
operations and pro~ams of the Old Town Temecula Senior Center. The
Senior C'ltizmi Advisory Commi_~oe my also advise on matters affecting the
generaJ wolfIre Of sonioE in the COmmnnity, and on issues of intemest to the
Committee:
The Senior Citizen Advisory Committee shall be comprised of five (5)
members of the senior commnnity that reside in the City of Temeada,
to be appointed by the COmmUnity Sen'vices Commission from a pool of
qualified c~ndid~te.8 who have snblnittod applicifiolB to the City C]erks
The Senior Citizen Advisory Committee shall be an informal, ad-hoc
committee. No Byhws are to be formed.
Members shall serve a 2 year tenn. No member shall serve more than
2 consecutive terms.
The Senior Citizen Advisory Committee shall lappOht a chairperson to
serve a 1 year term providing leadership, and conduct scheduled
meetings.
Should a Senior Citizen Advisory Committee member leave the courtall
prematurely for any reason during their term, the replacement will be
appointed by the Community Services Commi.~i~ from the pool of
qualified candidates who have submitted applications.
TIle Commirte~ should no~ become involved in adminlmation or
Admini.~ttive issues ~ to budgeting, staffing and facility
Committee members my not direct staff to ini~_'nte major programs,
conduct large studies or establish department policies.
Committee members should work to establish a good relationsh',m with
~achot~r.
Committee members should make every .effort to be honest, fair and
Meaings:
Senior C'fdzen Advisory Committee mectings shall be held every-other
month, scheduled by the Community Services Depamnent.
All meetings are. scheduled for one hour and thirty minute,q.
All meetings will be held at the Old Town Temecula Senior Center
All Senior Citizen ,advisory Commi~ee members will receive
notification of scheduled meetings, by mail seven days in advance.
Member Characteristics:
Interested in Senior issues.
Ability to aUcnd meetings and actively volonte~r and support senior
programs and activities.
Atleast55 years of age.
ITEM 6
REDEVELOPMENT
AGENCY
ITEM 1
CITY MANAGER F~ J~
CITY OF TEMECULA
AGENDA REPORT
TO:
Board of Directors
FROM:
Ronald E. Bradley, General Manager
DATE: April 11, 1995
SUBJECT:
Contract For July 4th, 1995 Fireworks Show
PREPARED BY:
~¢~,,,z Herman D. Parker, Recreation Superictende,,~ ~~,
RECOMMENDATION:
That the Board of Directors:
Award contract of ~17,000 to Robert Caran Productions to produce the City of Temecula's
1995 July 4th Fireworks Show.
BACKGROUND: Plans are currently underway for the City of Temecula's July 4th,
1995 Fireworks Show. This year's 'Temecula Star Spangled 4th' is scheduled to be held at
the Rancho California Sports Park beginning at 9:00 p.m. sharp. Other planned events for July
4th include a parade in the Old Town area, band performances at the Sports Park, and music
provided by our local radio station.
Robert Caran Productions will produce one twenty (20) minute fireworks display/show synced
to an audio soundtrack of the country's most patriotic musical scores, with playback via KRTM
88.9 FM radio at the Rancho California Sports Park.
Robert Caran Productions is the only fireworks display/show company that can produce a
unique programming format that utilizes a custom-designed stereo soundtrack complete with
computer-controlled synchronization for all electronically fired pyro sync-launch show
elements. Robert Caran Productions has also committed to work exclusively with KRTM radio
to produce a show custom designed for Temecula. Their services offer complete show design,
all necessary on-site production personnel, and approval of all on-air promotional
advertisement venue for the local radio station.
It is therefore recommended that Robert Caran Productions produce the City's 1995 July 4th
Fireworks Show for the citizens of Temecula.
FISCAL IMPACT: The total contract is $17,000 and is included in the FY 1994-95
TCSD budget in account 190-183-999-5370.
1995 JULY 4TH FIREWORKS DISPLAY CONTRACT
Whereas, ROBERT CARAN PRODUCTIONS, located at 8555 Laurens Lane,
Suite 1512, San Antonio, Texas 78218, [herein after referred to as
RCP], as a full service media production company, is desirous of
serving as "PRODUCER" for the DESIGN and PRODUCTION of the July 4th,
1995 OUTDOOR Summer Fireworks presentation entitled "THE TEMECULA
STAR SPANGLED 4TH" located on the property of the CITY OF TEMECULA
known as SPORTS PARK, Temecula, California.
And,
Whereas, THE CITY OF TEMECULA, located at 43174 Business'Park Drive,
Temecula, California 92590, [herein after referred to as "COT"],
which manages, operates and mainatains the City of Temecula and is
desirous of securing RCP to create, produce, install and operate said
presentation as described in Attachment "A" [the Proposal] and made
part of this contract.
IT IS UNDERSTOOD AND AGREED BY ALL PARTIES THAT:
1. RCP will produce for COT the following production:
One, [1]-Twenty, [20] minute to Twenty-five, [25] minute
outdoor fireworks display/show synced to audio soundtrack
with playback broadcast via FM radio station at the Sports
Park show site as described in Attachment "A" and made part
of this agreement. Said presentation will be designed, produced,
delivered, installed and played back in a pre-recorded format.
2. RCP agrees to deliver the presentation consisting of
project management and supervision, creative development,
show design, programmed stereo soundtrack, all
necessary on-site production personnel and choreographed
pyrotheatrics for the Sports Park show site according to the
Production Schedule, Attachment "B", and made part of this
agreement.
3. COT shall pay RCP the cost for the production, all materials,
miscellaneous production equipment, services and shipping of
show elements outlined below, which cost is
SEVENTEEN-THOUSAND-DOLLARS [$17,000.00] as detailed in
Attachment "C" [the Budget] and made part of this agreement.
8555 LALIRENS LANE, SHITE 1512, SAN ANTONIO, TEXAS, 210-804-1900
-2-
4. RCP will supply the following materials and services toward the
producnion, completion and installation of the above-mentioned
presentation:
* Overall Project Management, Supervision, Coordination, Operations
, Overall project management and coordination with COT personnel
for use of all COT equipment procurement and show site logistics.
* Detailed site survey of display/show site.
* All Creative development of proposed show elements.
* One continuously running stereo soundtrack for display sync.
* All choreographed pyrotheatrics [fireworks] for One [1]
electrically fired display/show at the Sports Park display/show
site.
* Load-in, installation, set-up and strike of all production-
presentation elements at the Sports Park display/show site.
* Technical Coordination and supervision of all on-site load-in
and set-up of all COT [client-supplied] equipment necessary for
the successful operation/playback of said display.
* Consultation, design and coordination of all general public
viewing areas and operations control areas for the presentation,
* All necessary ON-SITE RCP/San Diego Fireworks or California
Pyrotechnic Display's Inc. production personnel to load, launch,
perform and secure the display site.
5. The presentation will take place at the site agreed upon by both
parties on the premises of COT property at Sports Park,
Temecula, California. The official date for the show will be
TUESDAY, JULY 4th, 1995. Said show will be performed ONCE
commencing at 9:00 P.M. ANY additional performances will be
considered EXTRA above and beyond the above-mentioned cost as
described in paragraph three, [3], and the overall show costs
contained herein and said cost for these additional shows will
be negociated by both RCP and COT and executed by approved
Letter of Agreement.
TOTAL NUMBER OF DISPLAYS/SHOWS: ONE, [1], Pre-programmed for sync
to stereo broadcast playback.
6. All reasonable requests for information, advisory personnel,
equipment, vehicles, aircraft, prints and plans of COT materials,
show site or any advertising materials or activities relating to
the project and access to the appropriate personnel at COT are to
be made available upon mutual agreement of both COT and RCP and
at no cost to RCP.
7. Any additional production or additional fireworks product
requested by COT added to the above mentioned display set forth
on July 4th, 1995 to be completed by RCP, will involve
additional costs and will be covered by a separate agreement at
rates to be negotiated.
-3-
CANCELLATION
8. A. Should the weather prove unfavorable on the date[s] set
for said display, postponement may be arranged for display
to be fired on the next following CLEAR date upon agreement
by both parties, but such postponement shall be decided on and
notice given to RCP no later than THREE O' CLOCK P.M. on the
day on which the display SHOULD be held and COT agrees to
pay RCP for any and all additional expenses made necessary by
such postponement. Should the display be cancelled and not
postponed, COT agrees to pay RCP for all costs incurred, up to
and including the day of cancellation including all RCP
operations personnel, Pyrotheatrics operators, permits and
insurance. In addition to the above-stated cancellation
charges, COT agrees to pay RCP a 10% restocking fee for pyro,
equipment and services based on the contract price as described'
in paragraph three, [3] above provided that the compensation
not exceed the total compensation due under this contract,
and COT will not be liable for any and all. unadvanced
expenditures beyond the date of cancellation.
B. COT agrees to ASSUME FULL RISK of weather or other causes beyond
the control of RCP and/or its contracted pyrotheatric vendor,
which may affect or damage such portion of the fireworks display
at the show site as fireworks must be placed in position and
exposed to a necessary time interval PRIOR to the scheduled
commencement of the display.
C. COT agrees to provide for the period commencing at 8:00 A.M. on
MONDAY, July 3, 1995 through WEDNESDAY, July 5th, 1995 at 2:00
P.M. adequate police and/or security personnel to PREVENT the
general public from entering the immediate area designed for the
firing of the display, the control and their fallout areas. Any
COT or general public vehicles or COT or general public personnal
property located within the designated firing/fallout area shall
be removed at COT'S expense. Any damage or destruction of said
vehicles and/or residential/private personal property, injury's
or death to any persons left remaining within the designated
firing/fallout areas shall be the sole responsibility and
liability of COT. COT shall also be liable for any damage or
theft of any RCP and the subcontracted fireworks companies
equipment caused by the general public or COT personnel while
any such equipment is located at the designated firing area
where RCP's, the subcontraced fireworks companies or any
other subcontracted vendors equipment secured by RCP for the
successful operation and execution of the display is located.
D. COT agrees to provide at their sole expense any and all fire
protection equipment and personnel standby personnel so
required by any local or state governmental authority.
-4-
LIABILITY INSURANCE· RCP shall maintain insurance acceptable
to COT in full force and effect throughout the term of this
contract, against claims for injuries to persons or damages to
property which may arise from or in connection with the
performance of the work hereunder by RCP, his agents,
representatives, employees or subcontractors. Insurance is
to be placed with the insurer with a BESTS' rating of no less
than A:VII. The cost of such insurance shall be included in
RCP'S bid. RCP shall provide the following scope and limits
of insurance:
MINIMUM SCOPE OF INSURANCE. Coverage shall be at least as
broad as:
Insurance Services Office Form No. G1-0002 [Ed.1/73]
covering Comprehensive General liability and Insurance
Services office Form No. G10404 covering Broad Form
Comprehensive General Liability; or~Insurance Services
Office Commercial General Liability coverage, ["occurance"
Form No. CG-0001].
Insurance Services Office Form No. CA-0001 [Ed. 1/78]
covering automobile Liability, Code 1 "any auto" and
endorsement CA-0025.
Worker's Compensation insurance as required by Labor Code of
the State of California and Employer's Liability insurance-
MINIMUM LIMITS OF INSURANCE.
insurance no less than:
1.
2.
3.
RCP shall maintain limits of
General Liability: $1,000,000 combined single limit per
occurance for bodily injury and property damage·
Automobile Liability: $1,000,000 combined single limit per
accident for bodily injury and property damage.
Workers compensation and Employers' Liability: Worker's
Compensation as required by the Labor Code of the State of
California and Employers' Liability limits of $1,000,000
per accident.
DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any deductible in
access of $1,000 must be declared to and approved by COT.
OTHER INSURANCE PROVISIONS. Insurance policies required by
this contract shall contain or be endorsed to contain the
following provisions:
1. ALL POLICIES. Each insurance policy required by this
clause shall be endorsed to state that coverage shall not
be suspended, voided, canceled by either party, reduced in
coverage or in limits except after [30] days prior to
written notice to COT via United States First Class Mail.
GENERAL LIABILITY AND AUTOMOBILE LIABILITY COVERAGES. COT,
its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of
activities performed by or on behalf of RCP; products and
completed operations of RCP; premises owned, occupied or used
by RCP, or automobiles owned, leased, hired or borrowed by
RCP.
CITY OF TEMECULA
1995 FIREWORKS CONTRACT
PARAGRAPH 8, SECTION E CONT'D.
-5-
The coverage shall contain no special limitations on the
scope of protection afforded to COT, its officers, officials,
employees or volunteers.
With regard to claims arising from RCP'S performance of the
work described in this contract, RCP'S insurance coverage shall
be primary insurance as respects of COT, its officers,
officials, employees and volunteers. Any insurance or
self-insurance maintained by COT its officers, officials,
employees or volunteers shall apply in.excess of, and not
contribute with RCP'S insurance. Any failure to comply with the
reporting provisions of the policies shall not affect coverage.
provided to COT, its officers, officials, ~mployees or
volunteers. RCP'S insurance shall apply seperately to each
insured against whom claim is made or suit is brought, except
with respect to the limits of the insurer's liability.
WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY COVERAGE. The
insurer shall agree to waive all rights of subrogation against
COT, its of[icers, officials, employees and volunteers for
losses arisin ] =..~-Drf.~'m~d by RCP for COT.
VERIFICATION OF COVERAGE. RCP shall furnish COT with
certificates of insurance effecting coverage required by this
clause. The certificates for each insurance policy are to be
signed by a person authorized by that insurer to bind coverage
on its behalf. The certificates are to be on forms provided by
COT and are to be received and approved by COT before work
commences. COT reserves the right to require complete,
certified copies of all required insurance policies, at any
time.
RCP shall include all subconsultants as insureds under its
policies or shall furnish separate certificates for each
subcontractor. All coverages for subcontractors shall be
subject to all the requirements stated herein.
Any deductibles or self-insured retentions must be declared to
and approved by COT. At the option of COT, either: the insurer
shall reduce or eliminate such deductibles or self-insured
retentions as respects of COT, its officers, officials and
employees: or RCP shall procure a bond guaranteeing payment of
losses and related investigations, claim administration and
defense expenses.
-6-
F. In the event the display is cancelled or interrupted
due to equipment failure or malfunction, water leakage, fire
or other damage in/to the display/show site, fallout area and
fireworks launch area as a result of inclement weather,
fire, damage to equipment and/or show elements as a result
of construction mishaps or interference by COT or the GENERAL
PUBLIC, ALL operations of the presentation will CEASE. COT
and RCP will notify each other immediately. Said causes for
"down time" will be evaluated by RCP and COT, documented as to
repair costs. Following evaluation and approval by COT, RCP
will effect repairs as fast as possible and will detail and
invoice COT upon approval by COT. Any and all expenses
[operating personnel, maintenance, equipment rentals, permits,
insurance, etc.], related to and incurred during the 'down
time' of the presentation, will be the responsibility of
COT. COT reserves the right to cancel the presentation at
any time.
9. In the event the fireworks display is cancelled due to rain,
high wind or inclement weather, the event will be rescheduled
as described in Section 8, Paragraph A as agreed upon by both
COT and RCP. RCP reserves the right to consult with COT and to
upon mutual agreement cancel the pyrotheatrical display if the
weather conditions in RCP's and the subcontracted fireworks
companies view present a danger to the general public, show
site, RCP production personnel and any and all RCP and
subcontracted vendor property at the site.
DELAY OF SHOW
With respect to DELAY OF SHOW, RCP GUARANTEES that the
pyrotheatric display will be fired at 9:00 P.M. on
TUESDAY, July 4th, 1995 and that COT allow for twenty
[20], minutes each side of that hour should ANY delay
be necesssary so that RCP and the Fireworks company can effect
repairs as a result of caused delay. This guarantee does not
apply should any failure of the shows radio broadcast as a
result of malfunction at Radio Station/stations occur, telephone
communications link between control areas and show site be
disrupted, breech of security resulting in damage to any
and all show equipment by General Public, third party persons
or unwarranted cancellation or delay by COT personnel, fire
authorities and associated fire prevention personnel, Acts of
God or as stated in Section 8, Paragraphs A through F.
Should RCP fail to fire displays within the "window" of time
as described above as result of its neglience than according
to the payment schedule as detailed in Section 13, COT shall
RETAIN final payment as compensation for delay of show. If the
Pyrotheatrics display is cancelled due to the neglience of RCP,
all payments made by COT shall be refunded to COT.
-7-
10,
A.
RCP AGREES TO:
Provide the pyrotheatrics display/show as detailed in
Attachments A, B, C, D, and E - Detail of
pyrotheatrics.to be utilized in the display/show.
B. Provide all necessary production personnel and back-up
production personnel to execute each assigned function in
the production of the display as described in Attachment "A",
EXCLUDING security personnel, fire prevention personnel
load-out of any and all COT supplied elements, crowd control
personnel and any other non-contracted personnel or equipment
not identified in this contract in writing and submitted to
RCP in advance.
C. Through the subcontracted fireworks vendor, provide TWO [2]
licensed pyrotheatrics operators and all other licensed
pyrotheatric support personnel necessary to safely execute
said pyrotheatrical display,
D. Obtain all necessary pyrotechnical permits and licenses for
all display/show elements.
E. REQUIRE all vendors to obtain and maintain a comprehensive'
general liability insurance policy as detailed in Section 8,
Paragraph E. In addition, all vendors shall obtain and
maintain policies of Worker's Compensation insurance covering
their respective employees. VENDOR 'Certificates of
Insurance' evidencing such liability insurance and Worker's
Compensation insurance shall be filed with COT within thirty
days prior to the commencement of the display.
F. Provide at least [2], 2-1/2 gallon water pressurized fire
extinguishers or their equivalent within the display area at
all times.
Store, transport from storage site, set up, launch and strike
the pyrotheatrical display. Remove and safely dispose of all
pyrotheatrical debris from the display site IMMEDIATELY
following the presentation.
Provide all necessary maintenance for RCP personnel and
equipment.
Provide, transport and utilize all necessary equipment,
weather-proofing materials and internal communications
equipment [for RCP production personnel only], required
for the successful operation for the display.
Provide reasonable training to employees of COT if
requested by COT and/or RCP as deemed necessary for the
successful execution and operation of shows.
-8-
COT AGREES TO:
A. Provide ALL additional permits and licenses if any
[excluding pyrotechnical display permits & licenses]
necessary to operate & perform display at the site.
Further, COT will wave any and all business operations
fees or taxes for RCP for this one day event.
B. Provide site location[s] for display presentation. provide
one night "Safe Haven" pyro storage area on July 3, 1995.
C. Provide all necessary COT technical andnon-technical
personnel for the load-in, set-up and strike of all COT
production elements and installation of two, [2] separate
telecommunications lines, plus [2] telephones, 2 COT
2-way radio's, for communications link between the radio
station and Sports Park show site.
Telephone installation provided by COT will be activated on
or before FRIDAY, June 30th, 1995. In addition, all fire
prevention equipment, COT equipment transport vehicles, water
vehicles, staging platforms [if any], water hook-upand
strike, prints and plans for the successful installation
of the show site will be provided by COT.
D. COT will provide for all necessary power/water hook-up and
strike at show site for the duration of the project including:
Load-in and set-up prior to display beginning at 8:00 A.M.
SUNDAY, July 2, 1995 through WEDNESDAY, JULY 5th, 1995.
E. To provide all on-site rigging equipment, mechanical services
and sand necessary for the safe and successful load-in,
set-up, installation and operation of the display beginning at
8:00 A.M. MONDAY, July 3, 1995.
F. COT shall furnish and set-up in conjunction with RCP designs
all necessary personnel as described in Section 10,
Paragraph B, and such restraining lines, stanchions, etc.
as necessary for the protection of the public and operating
personnel. COT will provide security throughout all Load-in,
set-up, display and strike.
12. Any costs in addition to the contracted price stated in Section
"3" and on the attached breakdown in Attachment "C", will be
incurred only with prior approval by COT in writing at rate to
be negotiated.
-9-
With regard to payment schedule, the first payment of
$9,000.00 is payable from COT to RCP no later than MAY
1995. The second payment of $4,500.00 from COT to RCP is
payable by JUNE l, 1995. The third payment of $3,500.00
from COT to RCP is due IMMEDIATELY FOLLOWING THE SHOW JULY
4TH, ~995. Any additional approved costs or out-of-pocket
expenses fir any] are payable within ten - [~0] days
following the completion of the project or July ~4th, ~995.
COT recognizes that time is of the essence with regard to
payment as set forth in the payment schedule outlined
above. Should COT elect to supplement the pyrotheatric
content of the display, the costs for the increased
product will be evaluated and paid by COT as described
in paragraph 7.
COT designates SHAWN NELSON and/or HER~L~N PARKER or any other
designated COT representative to grant approval where called
for during the production of all elements. This
representative is authorized by COT to approve or demand
reasonable appropriate changes of said elements where deemed
necessary. RCP will be entitled to additional compensation
should any significant changes, additions or deletions be
necessary after the approval by the above-mentioned
representative[s] of COT of any particular stage or element
of production. All requests for changes, additions or deletions
of any elements of the production not outlined within the
context of this agreement throughout the course of the project,
will submitted and approved by both parties in writing in the
form of a PROJECT CHANGE NOTICE, "PCN". [Refer to Attachment
With respect to SPONSORSHIP, RCP will work closely with
COT in soliciting and securing sponsorship for monetary
involvement to increase production value for this event as
detailed in the original proposal and budget. COT will
provide to RCP a "LETTER of CONFIRMATION" endorsing RCP as
PRODUCER for this event and detail in said letter that
COT is actively seeking sponsorship for event involvement.
RCP reserves the right to charge any and all prospective
sponsors whatever fee they elect for any additional creative,
advertising or marketing involvement with respect to the
Temecula Star Spangled 4th production. Should RCP secure
a potential sponsor for active involvement with respect to
additional creative, advertising and marketing interests,
their involvement will be at the sole approval of COT
following submission and aptoval by COT within 48 hours of
submission of these suggested creative elements.
COT acknowledges that RCP's ability to perform its obligations
under this agreement in a timely manner is directly dependent
on COT's obligations hereunder and that COT agrees to perform.
such obligations in a timely manner and to fully cooperate with
RCP in the performance of this contract.
-10-
17.
18.
19.
20.
21.
22.
23.
24.
It is understood that RCP owns all rights in and to the project
including copyright interest therein. COT shall have the right
to use any or all of the presentation for purposes of
demonstration only.
In the event that the project is cancelled by COT prior to its
completion, COT shall be liable to RCP for all costs for said
production incurred by RCP prior to and including the date of
cancellation not to exceed the total compensation due under
this contract. COT WILL NOT be liable for any and all
unadvanced expenditures beyond the date of cancellation.
RCP will deliver all materials and elements for the
above-mentioned presentation according to the attached
Production Schedule [Attachment B] provided that COT
adheres to its obligations stated in said Production Schedule.
It is further agreed that the said production schedule has been
prepared by RCP and is to be considered part of this agreement.
Any overtime costs resulting from late submissions, late
availability of product by the subcontracted Fireworks vendor,
personnel or materials or late approval of any and all
production materials or production elements provided by COT
will result in additional charges to be approved COT.
It is further agreed that nothing in this agreement shall be
construed or interpreted to mean or define a partnership or
joint venture between the parties, all parties hereto being
responsible for their separate and individual debts and
obligations related to this project.
It is further agreed that all parties shall in all respects
comply with the laws of the state of California and its
municipalities in force during the term of this contract-
RCP agrees to defend, indemnify and hold COT harmless against
any and all liability for injury to any person or persons or
damage to any property for or by reason of any condition,
whether defective or otherwise, of any equipment, firework,
apparatus, electrical equipment or fixture furnished by RCP,
its fireworks vendor or any vendor of RCP pursuant to this
contract. COT agrees to defend, indemniy and hold RCP harmless
from and against any and all liability for injury, including
death, to any person or persons or damage to any property,
equipment due to the sole active negligence or sole wilful
misconduct of COT in performing any of obligations hereunder.
The provisions of this paragraph shall survive the terminations
or expiration of this contract.
This contract constitutes the entire agreement of the parties.
It may not be altered, amended or modified except by an
instrument in writing executed by each of the parties. It
includes all representations of every kind and nature made by
each of'us to the other.
25.
6e
27.
28.
9e
-11-
This contract i$ binding upon the parties themselves, their
heirs, executors, administrators, successors and assigns.
If any action at law is necessary to enforce or interpret the
terms of this contract, the laws of California shall govern and
the prevailing party shall' be entitled to reasonable attorney's
fees and costs.
Should any one or more of the provisions of this agreement be
judged unlawful by any court of competent jurisdiction, the
remaining provisions of this agreement shall remain in full
force and effect.
RCP represents that no payments by RCP shall be made to an COT
employees, contractors, agents, or associated personnel with
respect to this contract.
Each of the parties hereto is authorized t~ execute this
agreement.
IN WITNESS THEREOF, the parties have executed this contract this
day of , 1995.
ROBERT CARAN
ROBERT CARAN PRODUCTIONS
8555 LAURENS LANE STE., 1512
SAN ANTONIO, TEXAS 78218
BY:
CITY OF TEMECULA
City Manager
BY:
City Clerk
City Attorney
DOC:D/llCOTRCON95
MINUTES OF A REGULAR MEETING
OF THE CITY OF TEMECULA
REDEVELOPMENT AGENCY
TUESDAY, FEBRUARY 28, 1995
A regular meeting of the City of Temecula Redevelopment Agency was called to order at
9:14 PM at the Community Recreation Center, 30875 Rancho Vista Road, Temecula,
California.
PRESENT: 5
AGENCY MEMBERS:
Lindemans, Mur~oz, Roberrs,
Stone, Parks
ABSENT: 0 AGENCY MEMBERS: None
Also present were City. Manager Ronald E. Bradley, General Counsel Peter Thorson and
City Clerk June S. Greek.
PUBLIC COMMENT
None given.
RDA CONSENT CALENDAR
1. Consideration of RDA Commercial Rehabilitation Small Business Loan
Agency Member Lindemans stated he would abstain, based on his belief that these
loans should only be granted for the purpose of tenant improvements.
It was moved by Agency Member Roberts, seconded by Agency Member Stone to
approve staff recommendation as follows:
1.1
Consider approval of an RDA Commercial Rehabilitation Loan to the Blind Pig
Brewing Co., Inc., located at 42387 Avenida Alvarado, Suite 108, Temecula,
CA 92590.
The motion carried as follows:
AGENCY MEMBERS:
AGENCY MEMBERS:
AGENCY MEMBERS:
AGENCY MEMBERS:
AYES: 4
NOES: 0
ABSENT: 0
ABSTAIN: 1
Mu~oz, Roberrs, Stone, Parks
None
None
Lindemans
Minutes.rde%022895 -1 -
EXECUTIVE DIRECTOR'S RI~PORT
.None given.
AGENCY MEMBER'S REPORTS
None given.
ADJOURNMENT
It was moved by Agency Member Stone, seconded by Agency Member Lindemans to
adjourn at 9:20 PM to a meeting on March 14, 1995, 8:00 PM Community Center, 30875
Rancho Vista Road, Temecula, CA. The motion was unanimously carried.
Ronald J. Parks, Chairperson
ATTEST:
June S. Greek, City Clerk/Agency Secretary
Minu~es.rde~22895 -2-
MINUTES OF A REGULAR MEETING
OF THE CITY OF TEMECULA
FIEDEVELOPMENT AGENCY
TUESDAY, MARCH 14, 1995
A regular meeting of the City of Temecula Redevelopment Agency was called to order at
8:50 PM at the Community Recreation Center, 30875 Rancho Vista Road, Temecula,
California.
PRESENT: 5
AGENCY MEMBERS:
Lindemans, Mufioz, Roberrs,
Stone, Parks
ABSENT: 0 AGENCY MEMBERS: None
Also present were City Manager Ronald E. Bradley, General Counsel Peter Thorson and
City Clerk June S. Greek.
PUBLIC COMMENT
None given.
RDA CONSENT CALENDAR
It was moved by Agency Member Lindemans, seconded by Agency Member Stone to
approve Consent Calendar Item No. 1. The motion was unanimously carried with Agency
Member Roberts absent.
I Minutes
RECOMMENDATION:
1.1 Approve the minutes of February 21, 1995.
EXECUTIVE DIRECTOR'S REPORT
None given.
AGENCY MEMBER'S REPORTS
None given.
Minutes.rda\031495 -1 -
ADJOURNMENT
It was moved by Agency Member Stone, seconded by Agency Member Muftoz to adjourn
at 8:51 PM to a meeting on March 28, 1995, 8:00 PM, 30875 Rancho Vista Road,
Temecule, California. The motion was unanimously carried wtih Agency Member Roberrs
absent.
Ronald J. Parks, Chairperson
ATTEST:
June S. Greek, City Clerk
Minutes.rda\031495 -2-