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HomeMy WebLinkAbout012390 CC AgendaTEMECULA CITY COUNCIL A REGULAR MEETING- JANUARY 23, 1990 CALL TO ORDER: Invocation Pastor Bill Rench Calvary Baptist Church Flag Salute ROLL CALL: Birdsall, Lindemans, Moore, Munoz, Parks PRESENTATIONS/ PROCLAMATIONS Temecula Neighborhood Watch Signs Presentation by Capt. Bill Reynolds Riverside County Sheriff's Department Leagge of California Cities Presentation by Kim Chubota, Southern California Director PUBLIC COMMENTS CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items to be removed from the Consent Calendar for separate action. 1 APPROVAL OF MINUTES RECOMMENDATION: 1.1 1.2 Approve the minutes of the meeting of December 26, 1989 as mailed. Approve the minutes of the meeting of January 9, 1990 as mailed. Agerda12390 1 01/18/90 City Council Agenda January 23, 1990 .2. APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE An application for Alcoholic Beverage License filed by Ralphs Grocery Company - Northeast Corner Winchester Road and Nicholas Road RECOMMENDATION: 2.1 Receive and File 3. RESOLUTION APPROVING PAYMENT OF DEMANDS RECOMMENDATION: 3.1 Adopt a Resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, APPROVING THE WARRANT REGISTER, DATED JANUARY 23, 1990. 4. SECOND READING OF ORDINANCE ESTABLISHING THE TEMECULA MUNICIPAL CODE RECOMMENDATION: 4.1 Adopt and read by title only an ordinance entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE TEMECULA MUNICIPAL CODE, AND ENACTING TITLES 1,2 AND 3 THEREOF, RELATING TO GENERAL PROVISIONS, ADMINISTRATION AND PERSONNEL, AND REVENUE AND FINANCE Agendal2390 2 01/18/90 City Council AQendA PUBLIC HEARINGS January 23. 1990 .5. PLOT PLAN NO. 10864 APPEAL OF PLANNING COMMISSION'8 APPROVAL OF 335 UNIT APARTMENT COMPLEX ON 22.22 ACRES. RECOMMENDATION: 5.1 Denial of the Appeal based on the findings and conclusions incorporated in the staff report, and 5.2 Approval of Plot Plan No. 10864, Amd. No. 2, based on the findings and conclusions in the staff report and subject to the conditions of approval COUNCIL BUSINESS 6. APPOINTMENT OF ALTERNATE VOTING MEMBER OF WRAG RECOMMENDATION: 6.1 Motion to appoint an alternate voting member to WRAG. 7. RESOLUTION APPROVING A CONTRACT FOR FINANCIAL SERVICES Continued from the Meeting of December 26, 1989 RECOMMENDATION: 7.1 Adopt a Resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A CONTRACT FOR FINANCIAL SERVICES WITH MORELAND AND ASSOCIATES, INC. Agenda12390 3 01/18/90 City Council Agenda January 23. 1990 8. TRAFFIC IMPROVEMENT PROJECTS ON I-15 OVERCROSSINGS RECOMMENDATION: 8.1 Appoint a Traffic Committee to study improvement alternatives CITY MANAGER REPORTS CITY ATTORNEY REPORTS CITY COUNCIL REPORTS ADJOURNMENT Next meeting: February 13, 1990, 7:00 p.m., Temecula Community Center, 28816 Pujol Street, Temecula, California Agenda12390 f 01/18/90 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD DECEMBER 26, 1989 A regular meeting of the Temecula City Council was called to order at 7:04 p.m. in the Temecula Community Center, 28816 Pujol Street, Temecula, California. Mayor Ron Parks presiding. PRESENT 5 COUNCILMEMBERS: Birdsall, Moore Munoz, Parks ABSENT: 1 COUNCILMEMBERS: Lindemans Also present were City Manager Frank Aleshire, City Attorney Scott F. Field, and Acting Deputy City Clerk June S. Greek. INVOCATION The invocation was given by Councilmember Sal Munoz. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Mr. Jimmy Moore. ANNOUNCEMENTS Mayor Parks announced that agenda item No. 9 would be considered at this time. 9. RESOLUTION 89-26 A Resolution of the City Council of the City of Temecula regarding the Joint Powers Agreement of the Western Riverside Association of Governments Mayor Richard MacGregor, of the City of Norco presented the rationale for the formation of the Western Riverside Association of Governments. Councilmember Munoz questioned which of the Cities have joined the Association thus far. Mayor MacGregor stated that only the City of Corona has declined to join and the remainder of the Cities have yet to take formal action on the matter of joining. Minutes\122689 -1- City Council Minutes December 26,1989 Councilmember Munoz also questioned the value to the City of Temecula of membership in this organization. Mayor MacGregor responded that the major benefit was in providing a forum for the member cities on important regional issues. City Manager Aleshire gave a staff report on the proposal and recommended that the City Council look favorably on this matter. He also recommended that if the Council did not feel ready to make a decision at this time, they might wish to send a representative to the formation meeting scheduled for January 8, 1990. It was moved by Councilmember Munoz, seconded by Councilmember Moore to adopt Resolution No. 89-26 and unanimously carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Moore, Munoz Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Lindemans 5. ORDINANCE NO. 89-13 An urgency ordinance of the City Council of the City of Temecula establishing the Planning Agency. City Attorney Scott Fields presented the staff report and explained that this Ordinance would replace Ordinance No. 89-04. It was moved by Councilmember Moore and seconded by Councilmember Birdsall to adopt Ordinance No. 89-13 and waive further reading. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 1 COUNCILMEMBERS: Birdsall, Moore, Munoz Parks None Lindemans Minutes\122689 -2- 01/12/90 City Council Minutes December 26.1989 6. Receiving gift of funding from the City Committee Jimmy Moore, President of the City Committee, addressed the City Council and explained the City Committee's donation of $6,855.44 to be used for the purchase of the following items: 1. A Bronze or Brass Plaque (as depicted on Enclosure 1) to be mounted in the Temecula City Hall 2 Flag poles suitable for flying the U.S. and California Flag, to be constructed at the City Hall when a more permanent location is chosen. 3. The remainder of the funds, if they exist, to be used to help fund the signs with the name of the city on the monuments along interstate 15, provided by Bedford Properties. It was moved by Councilmember Birdsall, seconded by Councilmember Munoz to accept the City Committee donation with the City' s thanks. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall,Munoz, Parks NOES: 0 ABSTAIN: 1 ABSENT: 1 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: None Moore Lindemans Mr. Jimmy Moore also presented the City Council with a California State Flag, courtesy of State Senator Marion Bergeson, which had been flown over the State Capital on December 1, 1989. In addition he presented a U. S. Flag, compliments of Senator Al McCandless which was flown over the United States Capital Building on May 13th, a date significant because it was the date the incorporation of the City of Temecula was approved to be placed on the ballot. Minutes\122689 -3- 01/12/90 City Council Minutes December 26,1989 7. Application for " Alcoholic Beverage Licensee(s), hereby attached as Exhibit "B". It was moved by Councilmember Birdsall, seconded by Councilmember Munoz to receive and file the application. The motion carried by the following vote: AYES: 0 COUNCILMEMBERS: Birdsall, Moore, Munoz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS; Lindemans 8. RESOLUTION NO. 89-25 A Resolution of the City Council of the City of Temecula allowing certain claims and demands. It was moved by Councilmember Moore, Seconded by Councilmember Birdsall to adopt Resolution No. 89-24 and carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Moore, Munoz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 10. RESOLUTION NO. 89-26 A Resolution of the City Council of the City of Temecula approving a sublease with Temecula Valley Unified School District for office space for the City. City Manager Frank Aleshire gave the staff report and recommended adoption of the resolution based on the fact that this property was the most economical of all those considered and that it is immediately available. Mimites\122689 -4- 01/12/90 City Council Minutes December 26,1989 Councilmember Munoz questioned if the City Council could see other competitive leasing options considered. Mr. Aleshire said that information was available. It was moved by Councilmember Munoz, seconded by Councilmember Moore to adopt Resolution No. 89-26. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Moore Munoz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Lindemans 11. RESOLUTION NO. 89-27 A Resolution of the City Council of the City of Temecula approving agreement for accounting services with Anderson and Co. City Manager Frank Aleshire gave a staff report in which he recommended approval of a contract for accounting services with Anderson and Company. It was moved by Councilmember Moore, seconded by Councilmember Munoz to adopt Resolution No. 89-27. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Moore, Munoz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Lindemans RECESS Mayor Parks declared a recess at 8:00 p.m. The meeting was reconvened at 8:13 p.m. with all Councilmembers present. Mimites\122689 -5- 01/12/90 City Council Minutes December 26.1989 12. RESOLUTION NO. 89-28 A Resolution of the City Council of the City of Temecula approving a contract for financial services with Moreland and Associates, Inc. City Manager Frank Aleshire presented a staff report recommending hiring Moreland and Associates, Inc. for consulting services for financial system design, development and staff training. Councilmember Birdsall requested a postponement on this item to allow time for some additional materials on this subject to come in. Councilmember Munoz moved that Resolution No. 89-28 be tabled for a period not to exceed 30 days. The motion was seconded by Councilmember Birdsall and carried by the following vote. AYES: 4 COUNCILMEMBERS: Birdsall, Moore, Munoz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Lindemans 13. Final Map - Tract No. 23177 City Manager Frank Aleshire presented a staff report outlining the conditions which led up to this final Tract Map approval. Mr. Gary Clark representing the Developer, responded to questions from the Councilmembers regarding the type of dwelling units and amenities to be included in this development. It was moved by Councilmember Munoz, seconded by Councilmember Moore to approve Final Map - Tract No. 23177. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Moore, Munoz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Lindemans Minutes\122689 -6- 01/12/90 City council Minutes December 26,1989 14. Request from Neighborhood Watch for Funds from the City of Temecula Linda Cloughen, 41304 Bravos Court, Temecula, addressed the Council outlining the program, its goals and objectives and several budget adjustments since the previous consideration of this item. She explained that the total request had been reduced to $540.08 per month from the previously requested $1,050. per month. She also indicated that the request was being made only through August, 1990. Captain Bill Reynolds, Riverside County Sheriff's Department, described the usual funding methods for Neighborhood Watch programs. He also indicated that he is working on the report requested by the City Manager on behalf of the City Council. In response to a question from Councilmember Birdsall, he stated that the report would be ready for the next meeting on January 9, 1990. It was moved by Councilmember Birdsall, seconded by Councilmember Moore to table consideration of this item until the City Council had received the report from the Sheriff's Department. The motion failed by the following vote: AYES: 1 COUNCILMEMBERS: NOES: 3 COUNCILMEMBERS: ABSENT: 1 COUNCILMEMBERS: Moore Birdsall, Munoz, Parks Lindemans Councilmember Munoz moved and Councilmember Birdsall seconded that the City allocate and fund through the office of the City Manager, an amount of money not to exceed $550. per month, to the Neighborhood Watch Communications Program. Councilmember Munoz moved to amend the motion, seconded by Councilmember Birdsall, to read "The City allocate and fund an amount of money not to exceed the figure of $3,600., until the end of the Fiscal Year, said funds to be administered by the office of the City Manager. The main motion, as amended, carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Moore, Munoz, Parks NOES: 0 COUNCILMEMBERS; None ABSENT: 1 COUNCILMEMBERS: Lindemans 14inutes\122689 -7- 01/12/90 City Council Minutes COUNCIL COMMENTS December 26,1989 Councilmember Moore announced that the City of Temecula would be hosting the Mayors and Councilmembers of the cities in Riverside County at a meeting to be held at the Temecula Creek Inn on Wednesday, January 10, 1990. Councilmember Birdsall suggested that a procedure be implemented to notify service organizations of the Council's request for appointment of liaisons to the City of Temecula. She also suggested that the City join the League of California Cities. Councilmember Moore reported to the Councilmembers on the League of California Cities meeting she and Councilmember Birdsall attended in mid-December. Councilmember Munoz asked the status of the monument sign painting. City Manager requested Council's direction on proceeding with this matter. He will present a submitted design for the City Council's approval at the meeting of January 9, 1990. Councilmember Munoz also requested that the feasibility of getting a City Logo Contest underway be explored. Mayor Parks suggested asking for participation from various community volunteer organizations. Councilmember Munoz suggested that the matter of hiring traffic guards for the I-15 overcrossings and possible restripping of the traffic lanes at Winchester Road and I-15 and Rancho California Road and I-15 be explored. City Manager Frank Aleshire suggested that he contact the California Highway Patrol and CalTrans as well as the County of Riverside to discuss these options. ADJOURNMENT Hearing no further discussion Mayor Parks declared the meeting adjourned at 9:16 p.m. to January 9. 1990, at the Temecula Community Center, 28816 Pujol Street, Temecula at 7:00 p.m. RONALD J. PARKS, MAYOR ATTEST: F. D. ALESHIRE, CITY CLERK Minutes\122689 -8- 01/12/90 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD JANUARY 91 1989 A regular meeting of the Temecula City Council was called to order at 7:03 p.m. in the Temecula Community Center, 28816 Pujol Street, Temecula, California. Mayor Ron Parks presiding. PRESENT 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Munoz, Parks ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager Frank Aleshire, City Attorney Scott F. Field, and Acting Deputy City Clerk June S. Greek. INVOCATION The invocation was given by Pastor Rick Kahlbau of Calvary Chapel of Rancho California. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Councilmember Karel Lindemans. ANNOUNCEMENTS Councilmember Birdsall reported on her attendance at the Western Riverside Association of Governments meeting on Monday, January 8th. She advised the Council that all the joint powers involved signed the agreement with the exception of the Cities of Beaumont, Corona and San Jacinto, who opted not to join the organization. The Association will be meeting on the first Monday of each month, beginning February 5, 1990. Mrs. Birdsall will represent the City of Temecula on the Budget Committee and Mayor Parks will be the City's voting member. Councilman Munoz announced that he wished to thank Stouffels Florists publicly for all of their generous donations to support various of the City's inaugural functions. Councilmember Moore called the Council's attention to a letter in their packets regarding the League of California Cities meeting to be hosted by the City of Colton. She also announced that the City of Temecula would be hosting the Mayors and Councilmembers Coalition of the County of Riverside on Wednesday, January 10, 1990 and requested that the Council consider funding the costs for the members of the City Council and City staff. Minutes\1\9\90 -1- 01/18/90 City Council Minutes January 9, 1990 It was moved by Councilmember Moore, seconded by Councilmember Munoz that the City pay the costs of attendance of the Mayors and Councilmembers Coalition of the County of Riverside meeting to be held January 10, 1990 for members of the City Council and City staff. The motion was unanimously carried. PUBLIC COMMENTS Callie Eastman, owner of Eastman Personnel service., 41593 Winchester, Suite A, Temecula, addressed the Council regarding the need to use the competitive bid process for hiring temporary personnel. Lena Seeman, 42700 Las Violetas Ct., Temecula spoke regarding prohibiting door-to-door solicitations within the City after dark. She also stated that she was representing the Rancho California Homeowners Association regarding the newspaper recycling dumpsters and the unsightly conditions caused by their indiscriminate placement. She cited the example of the dumpster on Santiago Road. She also remarked on the placement of temporary signs on poles and street signs throughout the City and asked the Council to institute an abatement procedure. Glenn Richardson, 27588 Jon Christian, Temecula, representing the local Little League invited Mayor Parks to participate in throwing out the first ball of the 1990 baseball season and he presented the Mayor with a monogrammed baseball jacket from the American Little League. Jim Allmon, 43954 Gatewood Way, Temecula, stated that the people he represents are concerned about the growth taking place at the present time and expressed concern with the current master plan as it relates to traffic flow. Tom Hotchkiss, (no address given) addressed the City Council regarding the rights of citizens to make a living. He also stated that he had been responsible for securing "old time" street lights for the area. He advised that HUD had installed 26 of these street lights and that 150 still remained to be installed. He asked that the Council take the necessary steps to have the remainder placed. Sidney Lennon, Mosey Court, expressed concern with regard to the apartment projects being developed within the City and the lack of consideration for providing adequate hospital coverage to accommodate the increased population. He also urged the Council to fill a Director of Recreation position. Minutes\1\9\90 -2- 01/18/90 City Council Minutes January 9. 1990 Joanna Ackerman, 39870 Falcon Way, Temecula, spoke with regard to the need for additional police protection for both the citizens and the merchants of the community. William Bellino, 42430 Cariso Place, Temecula, addressed the matter of the television and radio antennas within the City and the requirements of the FCC. CONSENT CALENDAR Councilmember Lindemans questioned if the development to take place in Parcel 21382 contained architectural guidelines. Mr. Hector Carrillo, representing the developer stated the developer had developed architectural guidelines for the specific development plans which would be approved as each project came up for planning review. Councilmember Lindemans requested the removal of Item 11, City Limit Signs from the Consent Calendar. Councilmember Moore requested removal of Item 6, Public Hearing Procedures. It was moved by Councilmember Lindemans, seconded by Councilmember Moore, to approve the items on the Consent Calendar with the removal of items number 6 and 11. The motion was unanimously carried as follows: 1. APPROVAL OF CITY COUNCIL MINUTES OF DECEMBER 12, 1989 AND DECEMBER 20, 1989 2. APPROVAL OF PARCEL MAP 21382 3. RESOLUTION NO. 90-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPOINTING THE RIVERSIDE COUNTY ROAD COMMISSIONER AS INTERIM CITY ENGINEER, AND APPOINTING THE RIVERSIDE CLERK OF THE BOARD OF SUPERVISORS AS DEPUTY CITY CLERK. Minutes\1\9\90 -3- 01/18/90 City Council Minutes January 9. 1990 4. RESOLUTION NO. 90-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A PROCEDURE FOR PREPAYMENT OF DEMANDS. 5. RESOLUTION NO. 90-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING UNIFORM CONSTRUCTION COST ACCOUNTING PROCEDURES 7. RESOLUTION NO. 90-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS 8. RESOLUTION NO. 90-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A SCHEDULE FOR PAYMENT OF EMPLOYEE SALARIES. 9. APPROVAL OF TRACT MAP 21674 10. APPROVAL OF TRACT MAP 21674-3 12. RECEIVE AND FILE MELLO ROOS PETITIONS Minutes\1\9\90 -4- 01/18/90 City Council Minutes January 9, 1990 13. RESOLUTION NO. 90-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECEIVING INCORPORATION STUDY REPORT AND EXPRESSING APPRECIATION TO THE TEMECULA CHAMBER OF COMMERCE. The motion to approve carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Munoz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 6. PUBLIC HEARING PROCEDURES Councilmember Moore expressed concern about Item No. 9 of the procedures, she felt that the section should read "a majority of the Council may extend all time deadlines". Councilmember Munoz suggested that the proponent presentations be given the same amount of time during public hearings. It was moved by Councilmember Birdsall, seconded by Councilmember Munoz to approve Public Hearing Procedures as follows: 6.1. Approve the City of Temecula Public Hearing Process and Procedures. 6.2. Approve the Mayor's Guidelines for the conduct of Public Hearings. The motion was unanimously carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore Munoz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Minutes\1\9\90 -5- 01/18/90 City Council Minutes January 9. 1990 11. CITY LIMITS SIGNS Councilmember Lindemans stated that the Outdoor Media Group would be coming before the City Council for approval of commercial signs and he was concerned about being placed in a position of conflict of interest. John Gunderson, 42280 Calle Lagartija, representing the Outdoor Media Group, stated his reason for making this gift to the City is because he is a proud resident and wished to make an attractive contribution to the community, he further stated that he felt the gift did not place the City under any obligation. Bill Bopf, of Bedford Properties stated that Bedford Properties would like to be assured that the sign is of a permanent nature, and the lettering should be a long-lasting material, not simply painted on the monuments. It was moved by Councilmember Lindemans, seconded by Councilmember Moore to approve the proposal of Outdoor Media Group to paint four City of Temecula signs at two locations. The motion was unanimously carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Munoz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None RECESS Mayor Parks declared a recess at 8:00 p.m. The meeting was reconvened at 8:13 p.m. with all Councilmembers present. 14. WORKSHOP ON PLANNING AND ZONING Mayor Parks introduced Dave Turner, Riverside County Planning Commissioner who represents the Temecula area. Joe Richards, representing the Riverside County Planning Department, made a presentation to the City Council outlining Minutes\1\9\90 -6- 01/18/90 City Council Minutes January 9. 1990 the planning processes and the types of projects and decisions facing the Council in the future. He then introduced Mark Bayless of his staff who discussed the development review process. Mr. Bayless presented the flow of the planning processes in place for hearing the various types of matters requiring approvals. He state that the County is currently scheduling appointments for opening subdivision cases into the month of June, and commercial/ industrial cases are being scheduled for opening appointments into the month of March. He explained the levels of public hearings involved in the process. Councilmember Lindemans requested information one how the City receives all the information needed for their decision making from the County. Joe Richards, responded that the County has an R.F.P. out at the present time for hiring a planning consultant to work on the City of Temecula planning matters. He suggested that this consultant would possibly transition to employment with the City for continuity. Mayor Parks questioned what the staffing needs would be to handle the work presently in the County's planning system. Mr. Richards responded that in his opinion four (4) planners would be able to handle the present workload and a total staff of 10-12 individuals would probably be adequate. This would include administrative, clerical, planning and plan checking personnel. Mayor Parks questioned if the County of Riverside would provide any additional services after June 30, 1990 and if they would be willing to contract for additional services. Mr. Richards suggested that this could be discussed in depth at the study session scheduled at the County Administrative Center on January 12, 1990. Councilmember Munoz requested that Mark Bayless make a ready reference outline available to the Councilmembers of his comments at this evenings meeting. City Manager Frank Aleshire questioned Mr. Richards regarding the number of planning issues which would be coming to the City Council for review beginning February 1, 1990. Mr. Richards indicated that approximately 50-60 items will be public hearing matters within the next six months. He also responded to a question from City Manager Aleshire, that the Planning Consultant would be the person to represent all Minutes\1\9\90 -7- 01/18/90 City Council Minutes January 9. 1990 matters dealing with the City of Temecula planning matters at both the Planning Commission, Board of Supervisors and City Council levels. This individual would be supported as necessary by other members of the County Planning staff. Councilmember Munoz commented that until the time the City Council has a clear idea of the types of matters they will be asked to consider, he would like to see all matters. City Attorney Scott Fields explained that all items will appear on the City Council agenda before any of the items become final. Joe Richards stated that the Southwest Area Plan and the General Plan area need to be covered with the Council and suggested that this be dealt with at a future meeting. Mayor Parks announced that he would consider item 16 out of agenda order due to the number of public participants interested in speaking to the matter. 16. ORDINANCE DECLARING MORATORIUM ON CONSTRUCTION OF TRANSMITTING ANTENNAS City Manager Aleshire gave a staff report outlining the history of the erection of the subject television antenna tower. Councilmember Sal Munoz questioned County staff if County Ordinance No. 348 addressed the height limitations of this type of tower. Mark Bayless responded that the ordinance does address this type of limitation and he outlined the terms allowed in the ordinance. Mayor Parks asked what type of approvals had been granted by the County. Joe Richards answered that this approval had been granted as an administerial act. City Manager Frank Aleshire suggested that the Council hear from Ed Gaines, District Office Manager of the County of Riverside Building and Safety Department. He stated that no plan approval was granted by the Building Department. He also stated in response to a question from Mayor Parks that no inspections were performed by the County. In response to a question from Councilmember Birdsall regarding whether this Minutes\1\9\90 -8- 01/18/90 Citv Council Minutes January 9, 1990 structure is an unsafe one, he stated that he must assume it was since no inspections were performed during its construction to assure that it complied with County building standards. Mr. Gaines informed that Council that the tower owner had been noticed that the structure must be in full compliance or must be removed by January 26, 1990. If this is not the case, the County would pursue abatement procedures. City Attorney Fields, in response to Councilmember Munoz stated that the proposed moratorium revokes the permit and would not allow the County's abatement procedures to be interrupted. Councilmember Birdsall questioned the use of the term "permit" in the proposed ordinance. City Attorney Fields clarified that the reference was to the building permit. Jimmy Moore, 41747 Borealis Drive, Temecula, spoke in favor of the Council adoption of the moratorium ordinance citing aircraft safety factors. John Cloughen, 41304 Bravos Court, Temecula stated that he feels that the City should not have any involvement in any efforts to move the tower. Joe Crotinger, 28981 Tulita, Menifee, spoke in opposition to the moratorium. He outlined the benefits to be derived by the City's permitting the operation of the radio station. Joe Schneider, 29951 Camino Del Sol, Temecula, spoke in opposition to the moratorium and in favor of assisting KRTM to remain on the air. Ron C. Perry, representing the Amateur Radio Association addressed the Council speaking in opposition to the moratorium and in favor of KRTM being allowed to continue their process to obtain a commercial FM station license. Tom Leevers, 28581 Front Street, Temecula, outlined some of the history of KRTM and requested that the tower be allowed to remain in its present location. William Bellino, 42430 Cariso Place, Temecula spoke in favor of the moratorium being adopted. He advised the Council of conversations he has had with the FCC regarding the erection of this type of transmitting facility. Minutes\1\9\90 -9- 01/18190 City Council Minutes January 9. 1990 A representative of Latham and Associates, advised the City Council that they would be submitting a report to the County showing that a Deputy Inspector has inspected the tower footing. It was moved by Councilmember Munoz, seconded by Councilmember Moore to waive further reading and adopt an ordinance entitled: ORDINANCE NO. 90-1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING A MORATORIUM ON THE CONSTRUCTION AND USE OF TELEVISION AND RADIO TRANSMITTING ANTENNAS. The motion carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Munoz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 17. MELLO ROOS FINANCIAL CONSULTANT City Manager Frank Aleshire gave a staff report recommending awarding contracts to either Kadie-Jensen or Douglas Ford for the purpose of preparing a financial analysis of the Mello Roos project. Howard Chesher, 29710 Valle Olvera, Temecula, spoke in opposition to the fees being paid by Bedford Properties for this consulting contract. Jim Allmons 43954 Gatewood Way, Temecula, spoke in favor of City preparing its own plan quite apart from the proposed Mello Roos project. It was moved by Councilmember Munoz & Bodnar to perform project. Councilmember Lindemans, seconded by to hire the firm of Kadie-Jensen, Johnson the financial analysis of the Mello Roos Minutes\1\9\90 -10- 01/18/90 City Council Minutes January 9. 1990 The motion was unanimously carried by the following vote: 18. AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans Moore, Munoz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None MELLO ROOS TRAFFIC CONSULTANT City Manager Frank Aleshire presented a staff report and recommended the services of either Kunzman Associates or Herman Kimmel and Associates to carry out a traffic analysis of the Mello Roos project. Mr. William Bellino, 42430 Cariso Place, Temecula, spoke to the Council regarding various traffic problems in the area. It was moved by Councilmember Munoz, seconded by Councilmember Lindemans to retain the services of Kunzman Associates to carry out a traffic analysis of the Mello Roos project. The motion carried by the following unanimous vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: 19. TAX INFORMATION DAY Birdsall, Lindemans Moore, Munoz, Parks None None City Manager Aleshire presented a staff report recommending providing the State Board of Equalization with office space in which they can provide the citizens of Temecula with tax information two days per month beginning in February. Minutes\1\9\90 -11- 01/18/90 City Council Minutes January 9. 1990 It was moved by Councilmember Munoz, seconded by Councilmember Moore to provide office space for Tax Information Day in Temecula on two Wednesdays per month beginning in February. The motion carried by the following unanimous vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans Moore, Munoz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Munoz, seconded by Councilmember Moore to continue Item 15, Ordinance establishing the Temecula Municipal Code, and Item 20, Procedure for Imposing a Business License Tax and Increasing the Transient Occupancy Tax, to the meeting of January 17, 1990, to be held at the School Board Meeting Room. The motion was unanimously carried. ADJOURNMENT It was moved by Councilmember Munoz, seconded by Councilmember Lindemans to adjourn to a meeting to be held on January 17, 1990 at 7:00 p.m. in the Temecula Unified School District Board Room, 31350 Rancho Vista Road, Temecula, California. The motion was unanimously carried and the Mayor declared the meeting adjourned at 10:09 p.m. RONALD J. PARKS, MAYOR ATTEST: F. D. ALESHIRE, CITY CLERK Minutes\1\9\90 -12- 01/18/90 Copts, Bmt d.-fe<tr-. 'pre all cemi*s ^ Write Above r lna-Ior MadA<7relsgr~ ORlrcr Only APPLICATION FUR ALCOHOLIC REVikAGE LICENSE(S) 1. TYet(S) Us- LICENSE(S) F(lE NO. A fo; Department of Alcoholic Beverage Control RECEI (1990 l 1901 Broadway San Bernardino OFF SUE GENERAL Sacramento, Calif. 95818 ` -GFOGRAP<~I Al ' ~ ' IDIerRlcr SERVING LOCATION) 1909 Conditional, r CODLe-,, I ff1i. 00 The undersigned hereby applies for Priority #1 IntercouGpy Date licenses described as follows. Off-Sat) Issued A Temp. Permit 2. NAME(S) OF APPLICANT(S) Applied under Sec. 24044 ❑ k?.LPIIS GRGCERY COPTPANy (P-12) Effective Date: Effective Dote: 3. TYPE(S) OF TRANSACTION(S) FEE LIC. TYPE ?nterCty.Trif. $3000.00 21 Anpl.y Receipt #44162 CT 432 4. Name of Business Ralphs 5. Location of Business-Number and Street 700' 'Northeast Corner Winchester Road h Nicholas Road City and Zip Code Te)nmcula County T OTAL sltilc31lr1oriiFkrilf 92362 Ri.srerside t 6. If Premises licensed, t 7. Are Premises Inside- Show Show Type of License - City Limits? 4.0 8. Moiling Address (if different from 5)-Number and Street (r.mpl (III-) P.U. Box 54143, Los hngeles, CF, 90054 Perris 9. Have you ever been convicted of a felony? 10. Hove you ever violated any of the provisions of the Alcoholic Beverage Control Act or regulations of the Department per. loining to the Act? 11. Explain a "YES" answer to items 9 or 10 on an attachment which shall be deemed part of this application. 12. Applicant agrees (a) that any manager employed in on-sole licensed premises will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be viola any the provi ions of a Alcoholic Bever e C ntrol Act. _ I 13. STATE OF CALIFORNIA County of !in-_____________Dote__ UUnder p ..Ity at p.ri.ry, each p-on he.. .;gnalm. appear, bete-. -fl fin an art. (11 N• i. Ih.-appGmn+, or an• of the aPpl- Iii. or an e..<.1ir♦ eR .r sf the applicant carpe,arfe., named i. the foregoing appli,orie^, dal, earherued Ie make Ihi. eppkwien e. it. behalf; (2) rho, he be. reed the F-e. 9o+r,9 Oppli<eNan end k--,, be cen+• I t real and each and ell of the .IOtemenl. therein made are true: (S) 'he' no perwn ether than the oPolice., or applicant he. any direst e.J crn in .t in the applicant'. IN applk-, bail.- Io be cend.Jed „.der the linnu(.I for wkkh 1hi, application i. mad., lore more than ninety (qe) IQ that th. I-J., applicalide or prop d tron.fer i. nor made re .aide the Sermon) at a loan er le Iu1Rll an agreement entered d in a ecrobli.h a pr.ler.nu to er ter a redila el tran.l.rer or to ee r pr rcedinq the day h rM Ar .1•r eppli<olien i. fled witA Ih. D.pprlm..I er re ga cr~dl or 1I A0 or; IS) that th/er/rJer aPPlicatien may be .+ilhdro~.n bT r.ither the applicant or he lic•n..en with ne 1.1.11i.9 liebilirr to drlroad er inj.'a any ,hrr D.P. 14. APPLICANT 'on I SIGN HERE -.7- ~~~E --jeiU/t M l lc fly' y~?~!------ NI1!I/. TnitJ . APPLICATION BY TRANSFEROR 15. STATE OF CALIFORNIA County of___!,Akland Date !~YJ"!_____ Under penally of p.rjur y. each Oer.on ..{e.e .ignorur• oPp.ar. D•le... <-rlif e. and wr.: (1) He it the licen.ae, or an e•. .urine e1f<er e/ the eerpsro+e li<en+aa. mod in r%. fer.geinq Nend.r appii<o+f n, dale ealheri.ed to make Ihi, I-0., opplicaian an ir, behalf; 11) that he h-br make. eppli-ti an +e ...rend., all intu.J in Ile attached limn(.) ducrib.d below and 1. Iran,#., . ma le the epp3i..n, and or lece+lon indiesled on the upp., partlo. d Chit applicerien far if .,h frontier 1, appe-d ►x th. DI-l-, (3) Ihp, ,the 1-0., ofp11,.Iien or prepo..d 1-0.r i. net med. to eerily the payment of • lee. er 1a 1.1911 i opreemmr .nHnd into mar. then .;..+y do,, p-Ri.q the day at. rwhicK he trenaler- epp1i,.#i*ni. , AI.d, wi1ib the Department or 1e gain err ..t With e pnf.-it Ie w far any -direr of 1-0.rw or 1e sal-il or iniure any credits. el nanJ.rsr; (4) that t&a rrLnaa: hpoik.iien wwq' be wilhal-n. by .tM, the .pal. None ar he 11-eae with me nwninq liability to eM Department , _r I:_...----rl 19 . License Number(s) Idamots/v1 cats, to. r Cat-s<ir C Yorn4 I 1-00 94f; - 19. Location Number and Street City and Zip Code t-ounry 117 hGancl ten i 1 m 1, 1 i 1 "It '42 Do Not Write Below This Line; For Deporfinent'Use Only (:'ray 1,o r. Goat, San Francisco of fir:? )/n/90 Attached: +Qf Recorded notice, ❑ Fiduciary papers, ❑ - ----------------------------.COPIES MAILED ]1-I_LyQ--------------------- i rorNr~r+ i ❑ Renewal: Fee of----------- Paid at------ Office on------------------ Receipt No.-___________----------- ; e5 93151 I ABC A, "O-Sal F RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, APPROVING THE WARRANT REGISTER, DATED JANUARY 23, 1990 The City Council of the City of Temecula finds as follows: WHEREAS, the City was incorporated on December 1, 1989; and WHEREAS, the City Council desires to provide payment of bills against the City and payroll of city employees and consultants; THEREFORE BE IT RESOLVED by the City Council of the City of Temecula that the Warrant Register dated January 23, 1990, in the amount of $30,036.28 is hereby approved. APPROVED AND ADOPTED this 23rd day of January, 1990. Ronald J. Parks, Mayor ATTEST: F. D. Aleshire, City Clerk [SEAL] Resos/123.007 01/18/90 'ANUARY 23, 1989 ,IST OF DEMANDS AGAINST CITY & PAYROLL v VENDOR DESCRIPTION AMOUNT . .163 C & C Locksmith Change office doors locks & keys 78.00 500.50 158 New West Movers Moreno Picking r&ldelivering to our new offices 1177 Bastanchury Water Bottled Water & Dispenser 36.00 Month of January Rental L162 Computer Rents January Rental for two Computer Stations (includes 860.00 Computers,Monitors,Printers) 1179 The Phone Man Install phone jack in June's 48.00 office for Modem for computer 1174 Apple One Temp. services of receptionist, 655.49 Meredith, for 12/27/89 thru & incl. 1/6/90, 50.5 hrs @ $12.98/hr to agency 1181 Anderson & Co. December Accounting Services 352.50 7 12 Price Security Sys. Building security services for Jan. 35.00 1183 Robert Bein, William Planning services for researach & 870.00 Frost & Associates compilation of street addresses for City of Temecula 1175 Sir Speedy December copying, FAX & business cards 362.94 1173 GTE Service charges for 12/25 thru 1/24 71.58 1164 R & B Bldg. Maint. Initial cleaning of office & office 162.00 furniture-9 man hrs @ $18/hr. 1156 Perkin Press Copying agenda packet for 12/26 152.64 1165 Computer Lady Purchase of WordPerfect,DOS software 476.00 Disks, Diskholders 1166 Computer Rents Purchase of two toner cartridges for nd delivery and i 218.05 nters, a computer pr set up of rental computer systems 1168 DAVLIN Audio/video of Dec. 12 council meeting 2250.00 and Dec.20 workshop;audio/video of Dec. 26 council meeting; audio/video of 1/9 council meeting; and one-time 3/4" broadcast tape stock billing 189.Strachota Ins. 170 Sullivan Publ. 171 Mail Boxes Etc. 184 Towne Center Stationers Surety Bond & Ins. downpayment 6653.08 One Temecula Map 33x40, One llx 7 1080.31 4 - 10x2 signs for the designated 38.43 posting places to post official notices Various office supplies, see attached 411.65 detailed list on bill .185 June Greek Reimbursement for supplies (coffee, 84.00 filters, sugar, cups, napkins, spoons, extension cords, hammer, plier, screw drivers, postage) 45.00 ,186 Chamber of Commerce Business membership list of the Chamber 1180 Amaya Electric Install electrical socket for copier 35.00 machine 1188 Stoffel's Florist Table floral arrangements for Cal. 698.15 League Cities Dinner/Meeting January 10, 1990 1190 Temecula Creek Inn Catering for Cal. League of 1829,75 Cities Dinner Meeting 1/10/90 Aleshire D )'91 F Reimbursement for mileage and tele. 346.13 . . Calls 11/24/89 thru & incl. 12/20/89 _ TOTAL BILLS: $ 18350.20 PAYROLL _ Karel F. Llndemans Month of December 300.00 Patricia Birdsall Month of December 300.00 Peg Moore Month of December 300.00 J. Sal Munoz Month of December 300.00 Ronald Parks Month of December 300.00 Frank D. Aleshire Half thru & incl. 1/19 Ref. Res. 89-2 Three weeks @ $2,000/wk. & 89-22 TOTAL DUE: 3480.99 Cynthia C. Harmon Dec. 26 through & inc. Jan. 12 Res. 89-22 Ref 104 hrs. @ $15/hr =$1,560 . 5 1/2 hrs. @$22.50/hr. (overtime) Equals $123.75 TOTAL DUE: 1413.14 -June S. Greek Dec. 26 - & incl. Jan.12 Ref. Res. 89-22 104 hrs. @ $15/hr. 24 hrs. @ $22.50/hr (overtime) Equals $540 TOTAL DUE: Overland Bank Depost of Fed withholding Employment Dev. Deposit State withholding & Department Deposit of SDI TOTAL PAYROLL DUE 1492.06 3514.74 543.23 88.05 12032.21 GRAND TOTAL BILLS & PAYROLL 30382.41 sff/ORD11001(010390-7) ORDINANCE NO. 90- 7L AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE TEMECULA MUNICIPAL CODE, AND ENACTING TITLES 1,2 AND 3 THEREOF RELATING TO GENERAL PROVISIONS, ADMINISTRATION AND PERSONNEL, AND REVENUE AND FINANCE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: SECTION 1. A Municipal Code is hereby established for the City of Temecula enacted as follows: -1- sff/ORD11001(010390-7) Chanters: 1.01 Code Adopted 1.04 City Seal 1.08 Citations in Arraignment chavter 1.01 'ODE ADOPTED Sections: 1.01.001 1.01.002 1.01.003 1.01 004 1.01.005 1.01.010 1.01.020 1.01.030 1.01.040 1.01.050 1.01.100 1.01.110 1.01.120 1.01.130 1.01.140 1.01.150 1.01.160 1.01.170 1.01.200 1.01.210 1.01.220 1.01.230 1.01.240 1.01.250 GENERAL PROVISIONS Lieu of Immediate Declaration of purpose. Establishment of Municipal Code. Contents of Code. outline of Code. Maintenance of Code. Interpretation of Code and other ordinances. Effect of Code on past actions and obligations. Partial invalidity. Territorial limitation. Local signification. Rules of construction. Effect of headings. Meaning of "section"' and Osubsection° Acts by deputies. 'Writing". Reference to ordinances: amendments. Statute of limitations. Definitions. Application to Violation of Municipal Code Misdemeanor. Aiding and Abetting. Punishments. Imprisonment in County Jail. Violations public nuisances. Nuisances: Recovery of abatement expenses. 1.01.260 Violations of administrative provisions. 1.01.300 Notices Service. 1.01.310 Notices Proof. -2- sff/ORD11001(010390-7) x.01.001. nurnose. The City Council finds that it is desirable and in the public interest to establish a Municipal Code in order to provide a scheme of organization for the classification and grouping of ordinances which the Council may adopt. aThe Council nd permanent intends in adopting ordinances of a general nature to provide for their placement in accordance with the scheme of the Code. This will provide the user with a convenient and logical compilation of the ordinances of the City. 1.01.002. Establishment of Municipal Code. This Code shall be known as the 'Temecula Municipal Coders. It shall be sufficient to refer to this Code as the Temecula Municipal Code in any prosecution for the violation of any provision of this Code. It shall also be sufficient to designate any ordinance adding to, amending, or repealing provisions of this Code as an addition or amendment to, or a repeal of the Temecula Municipal Code, or any portion thereof. 01.003 contents of Code. The Temecula Municipal Code shall consist of all ordinances adopted by the city Council which are of a general and permanent nature. An ordinance relating to any of the following subject matters is not considered an ordinance of general and permanent nature and need not be included within the Municipal Code: (a) The naming of streets or roads; (b) Granting, altering, or withdrawing franchises; (c) Levying real property taxes; (d) Calling an election; (e) Annexation proceedings; (f) Interim zoning measures; (g) Zoning or rezoning a particular parcel of property; (h) Such other ordinances of a special or particular subject matter which the Council considers inappropriate to a compilation of laws of a general and permanent nature. 1 01 004 Outline of Code. (a) The ordinances of the City which are of a general and permanent nature shall be organized and grouped according to subject matter. -3- sff/ORD11001(010390-7) (b) Ordinances which are adopted from time to time shall be classified and organized under the following scheme of titles: (1) General Provisions (2) Administration and Personnel (3) Revenue and Finance (4) (Reserved) (5) Business Regulations (6) Health and Sanitation (7) (Reserved) (8) Buildings and Construction (9) Planning and Zoning (10) Animals (11) Peace, Morals and Safety (12) Vehicles and Traffic (13) Parks and Recreational Facilities (14) Streets and Sidewalks (15) Water and Sewers 1.01.005 Maintenance of Code. At least three copies of this Code, duly certified by the City Clerk, shall be maintained on file in the office of the City Clerk as official copies of this Code. Additional copies of this Code shall be distributed to the departments of the City as prescribed by the City Manager. Duly certified copies of each ordinance making a change in this Code shall be filed in the office of the City Clerk in books for such purpose, duly indexed for ready reference. At least semi-annually the City Clerk shall cause the loose leaf pages of this Code in which changes have been made to be reproduced, including a notation as to the ordinance number and the date on which such change was adopted. Such reprinted pages shall be distributed in order that the loose leaf copies of this Code, prepared for the use and convenience of the officers and employees of the City and the general public, may be brought up to date. 01.010 Interpretation of Code and other ordinances. The provisions of this Code and all proceedings under it are to be construed to effect its purposes and to promote justice. All the provisions of this Code and all other City ordinances shall be interpreted to refer to the appropriate or designated officer or office of the City, and whether an ordinance, uniform Code, statute, or other matter which is adopted by reference refers to any department, officer, -4- si r/nkn11OO1 (010390,° ) employee, inspection, police, or other functions, unless the context requires otherwise, all references shall be to the appropriate or designated office, officer, department, agency, employee, or function of the City, or to the person or agency performing the function for the City. Effect of Code on past actions and obligations. Neither the adoption of this Code or any portion thereof, nor the repeal by this Code of any ordinance previously in effect in the City or within the territory currently comprising the City, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this Code, nor be construed as a waiver of any license fee or penalty due and unpaid under such ordinances on such effective date, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license fee or penalty or the penal provisions applicable to any violation of such ordinances, nor to affect the validity of any bond or cash deposit required to be posted, filed, or deposited pursuant to any ordinances, and all vested rights and obligations pertaining to such ordinances shall continue in full force and effect. 1.01.030 Partial invalidity. If any chapter, section, sentence, clause or portion of this Code is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. 1.01.040 Territorial limitation. This Code shall refer only to the omission or commission of acts within the territorial limits of the City of Temecula and that territory outside of the City over which the City has jurisdiction or control by virtue of the Constitution, or any law, or by reason of ownership or control of property. 1.01.050 Local signification. All references in this Code to places, acts, persons or things and all else in relation to this Code shall be construed to mean that the same are applicable to this City, whether the City is mentioned in each particular section or not. ].01.100 pules of construction. Unless the provisions of this Code otherwise specifically provide, or the context of this Code indicates to the contrary, the general provisions, rules of construction, and definitions -5- set forth in the following sections of this chapter shall govern the construction of this Code. 1 .01,110 chapter, article, Code shall not be manner affect the provisions of any this Code. Effect of headings. The title, and section headings contained in this deemed to govern, limit, modify, or in any scope, meaning, or intent of the title, chapter, article, or section of 1.01.120 Meaning of "'section"' and "subsection"'. "'Section"' shall mean a section of this Code, unless some other source is specifically set forth. e o, unless some other section in the term term rm occurs forth. 1.01.130_ Acts by deputies. Whenever a power is granted to, or a duty is imposed upon, a public officer or employee, the power may be exercised or the duty may be performed by a deputy of such officer or employee or by a person otherwise duly authorized pursuant to law or ordinance, unless this Code expressly provides otherwise. 1.01_.140 'Writing". "'Writing"' includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required or authorized by this Code, such notice, report, statement, or record shall be made in writing in the English language, unless this Code expressly provides otherwise. 1.01.150 References to ordinances. Application to amendments. Whenever any reference in this Code is made to an ordinance, the reference shall apply to such ordinance of the City, unless this Code expressly provides portion of otherwise. Whenever any reference is made to tany he reference this Code or to any ordinances of this City, shall apply to all amendments and additions to this Code. 1.01.160 Statute of limitations. When a limitation or period of time prescribed in any existing ordinance or statute for acquiring a right or barring a remedy, or for any other purpose, has begun to run before hCbeedegoes emediatpartfoftthehtimemprescribedsaslsuchy run shall limitation. -6- sff/ORD11001(010390-7) 1..01.170 Definitions. As used in this Code, unless a different meaning is apparent from the context or is specified elsewhere in the Code: (a) 'Calendar year' shall mean from January 1 through December 31 of any given year. (b) 'City' shall mean the City of Temecula. (c) 'City Manager' shall mean the appointed official of the City who occupies the position of chief administrative officer of the City. (d) 'Council' shall mean the City Council of the City of Temecula. (e) 'Councilmember' shall mean a person duly elected to the Council. (f) 'County' shall mean the County of Riverside. (g) 'Fiscal year' shall mean from July 1 of any given year through June 30 of the following year. (h) 'Gender'. The masculine gender shall include the feminine and neuter genders. (i) 'Goods' shall mean and include wares and merchandise. (j) 'May' shall be permissive. (k) 'Month' shall mean a calendar month, unless otherwise specially expressed. (1) 'Number'. The singular number shall include the plural, and the plural number shall include the singular. (m) 'Oath' shall include affirmation. (n) 'Official time standard'. Wherever certain hours are named in this Code, they shall mean Standard Time or Daylight Saving Time as may be in current use in the city. (o) 'Operate' shall mean and include carrying on, keeping, conducting, or maintaining. -7- sff/ORD11001(010390-7) (p) 'Owner', applied to a building or land, shall include any part owner, joint owner, tenant, tenant in common, or joint tenant of the whole or a part of such building or land. (q) 'Person' shall include any person, firm, company, corporation, partnership, association, public corporation, City (except the City of Temecula), the County of Riverside, any district in the County of Riverside, the State of California, or the United States of America, or any department, agency or political subdivision of the above, unless this Code expressly provides otherwise. (r) 'Personal propertyN shall include money, goods, chattels, things in action, and evidences of debts. (s) 'Police' shall mean the agency which performs the appropriate law enforcement function for the City. 'Police ChiefN or 'Chief of Police' shall mean the head of the agency or division which at the time involved has responsibility for performing the police function for, or within, the City. (t) 'Property' shall include real and personal property. (u) 'Quarterly', where used to designate a period of time, shall mean the first three calendar months of any given year or succeeding period of three calendar months. (v) NReal property' shall include land, tenements, and hereditaments. (w) 'Sale' shall include any sale, exchange, barter, or offer for sale. (x) NShall' shall be mandatory. (y) 'State" shall mean the State of California. (Z) 'Street' shall include all streets, highways, avenues, boulevards, alleys, courts, places, squares, or other public ways in the City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of the State. (aa) 'Tenant or occupant', applied to a building or land, shall include any person who occupies the whole or a part of such building or land, whether alone or with others. -8- sff/ORD11001(010390-7) (ab) Tense'. The present tense shall include the past and future tense, and the future tense shall include the present tense. Words and phrases not defined in this Code shall be construed according to the approved usage of the language, or, when appropriate, by reference to definitions contained in State or Federal law. 1 01.200 Violation of Municipal Code Risdemeanor. It shall be unlawful for any person to violate any provision or to fail to comply with any of the require- ments of this Code or the provisions of any Code adopted by reference by this Code or any provision of any ordinance of the City not included within this Code. Any person violating any such provisions or failing to comply with any of the mandatory requirements of this Code or any Code adopted by reference by this Code or any other City ordinance shall be guilty of a misdemeanor, unless such violation is specifically designated as constituting an infraction. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code, or any provi- sion of any Code adopted by reference by this Code, or of any other City ordinance, is committed, continued, or permitted by such person, and may be punished accordingly. 1 0_1.21_0_ Aiding and abetting. Whenever any act or omission is made unlawful by this Code, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission. 01.220 i!unishments. (a) Any conviction of a misdemeanor under the provisions of this Code shall be punishable by a fine of not more than One Thousand Dollars ($1,000), or by imprisonment in the County jail for a period not exceeding six (6) months, or by both such fine and imprisonment. (b) Any conviction of an infraction under the provisions of this Code shall be punishable for a first conviction by a fine of not more than One Hundred Dollars ($100), for a second conviction within a period of one year by a fine of not more than Two Hundred Dollars ($200), and for a third or any subsequent conviction within a period of one year by a fine of not More than Five Hundred Dollars ($500). -9- sff/ORD11001(010390-7) Any provision or requirement of this Code or of any Code adopted by reference by this Code or of any ordinance of the City not included within this Code, the violation of which or the failure to comply with which is designated as an infraction, shall be prosecutable as a misdemeanor upon a third violation within a period of one year and each violation thereafter of the same provision by the same individual within a period of one year. Any violation expressly declared to be punishable, in the discretion of the court by either a fine, or by a fine or imprisonment, or both, shall become an infraction for all purposes under any of the following circumstances: (1) Where a judgment imposes a punishment of a fine not exceeding one Hundred Dollars ($100) in the case of a first offense; or (2) When the court grants probation to a defendant without the imposition of a sentence and, at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be an infraction; or (3) When the City Attorney or any deputy district attorney files in a court having jurisdiction over misdemeanor offenses a complaint specifying that the offense is an infraction. i,0230 Imprisonment in County Jail. Imprisonment for violation of any City ordinance shall be in the County Jail. I.01.240 Violations public nuisances. (a) In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this Code or any Code adopted by reference by this Code or any ordinance of the City not included within this Code, or any such threatened violation, shall be deemed a public nuisance and may be summarily abated as such by the City. (b) Any such violation or threatened violation as referred to in subsection (a), or any condition caused or permitted to exist in violation of any of the provisions of any Code adopted by reference by this Code, or of the provisions of any other City ordinance, shall be deemed a -10- sff/ORD11001(010390-7) public nuisance which may be abated by the City Attorney in a civil judicial action. 1.01.250 Nuisances: Recovery of abatement genses . (a) Whenever any person creating, causing, committing, or maintaining a public nuisance, as referred to 1.al.Z4o in Section 141 240 of this chapter, or other public nuisance, as defined under State law or other ordinances or regulations, has been given notice, by or on behalf of the City Attorney or by any other City officer, employee or policing agent authorized to give such notice, to abate such nuisance or cease and desist from continuing such nuisance or violation of law, and such person fails, refuses, or neglects to comply with the notice within the time specified therein, or if such a time is not specified, then within a time reasonably sufficient to enable such compliance, such noncomplying person shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with or enforcing the law as referred to or encompassed within said notice. (b) Costs and expenses, as referred to in but are not subsection (a) of this section, may include, limited to, any and all direct costs and expense related to such things as personnel salaries and benefits, operational overhead, rent, interest, fees for experts or consultants, legal costs or expenses, including attorneys' fees, claims against the City arising as a consequence of the nuisance or violation, and procedures associated with collecting moneys due hereunder. (c) The provisions of subsection (a) of this section shall also apply to any person who received a notice, as specified therein, abated the nuisance or violation, but subsequently allowed or was responsible for a recurrence of the nuisance or violation. (d) The liability of any person for the payment of the costs and expenses provided for in subsection (a) of this section may be waived in whole or in part by the City Attorney in any case wherein he or she determines, in his or her sole discretion, that the failure or refusal of such persons to comply with the notice therein involved was based upon a good faith and bona fide issue of law or fact specially involved in the circumstances of the case. Any determination or decision of the City Attorney in this regard shall be final and conclusive and shall not be -11- si /Uf<bj_; OUI (01U39U-: e' subject to appeal as prescribed in Chapter 2.04 of Title 2 of this Code. (e) Money due to the city pursuant to this section may be recovered in an appropriate civil action. Alterna- tively, such liability may be enforced by special assessment proceedings against the parcel of land upon which the nuisance existed, which proceedings may be conducted in a manner substantively similar to proceedings described in Sections 39574 et seq. of the California Government Code relating to weed abatement assessments. 1.01.260 Violation of administrative Provisions. The violation of, or the failure or omission to perform in accordance with, any administrative provision of this Code by any officer or employee of the City shall generally not be considered a criminal act, but may be deemed a failure to perform the duties or to observe the rules or regulations of the department, office, commission or board within the meaning of the civil service ordinances and rules and regulations of the City, if applicable. 1.01.300 Notices Service. Whenever a notice is required to be given, or may be given, under any provision of this Code or any provision of any Code adopted by reference by this Code or any provision of any ordinance or resolution of the City not included within this Code, such notice may be given as herein provided. Unless different or special provisions are otherwise specifically made in this Code or in some other applicable enactment, any such notice may be given either by personal delivery thereof to the persons to be notified, or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified, at the person's last known residence or business address as the same appears in the public records or other records pertaining to the matters to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office or in the official receptacle thereof. 1.0 Notices Proof. Proof of giving any notice may be made by the certificate of any officer or employee of this City or by the affidavit or declaration under penalty of perjury of any person over the age of -12- sff/ORD11001(010390-7) eighteen years, which shows service in conformitysubjwith Code or other provision of law applicable the matter concerned. -13- sff/ORD11001(010390-7) Chapter 1.04 CITY SEAL Sections: 1.04.010 Adoption. 1.04.010 Adoption. A corporate seal for the City shall be adopted and approved by the City Council by ordinance. -14- sit/URD110U1(01U38U-i) Ee ons: CITATIONS IN LIEU OF IMMEDIATE ARRATrNMENT 1.08.010 Notice to appear in lieu of arrest. 1.08.050 Issuance of citations by designated officers and employees. i 08.010 Notice to appear in lieu of arrest. In any case in which a person is arrested for a violation of any provision of this Code and does not demand to be taken before a magistrate, such person may, in lieu of being taken before a magistrate, be issued a written notice to appear in court and then may be released, pursuant to and in accordance with the procedures prescribed by California Penal Code Section 853.6 et seq. 1.08.050 Issuance of citations by designated officers and employees. Officers and employees of the City who have the discretionary duty to enforce a statute or ordinance may, pursuant to Section 836.5 of the California Penal Code and subject to the provisions of this section, arrest a person without a warrant whenever any such officer or employee has reasonable cause to believe that the person to be arrested has committed an offense in the officer's or employee's presence which he or she has the discretionary duty to enforce, and to issue a notice to appear, and to release such person on his or her written promise to appear in court, pursuant to Section 853.6 of the Penal Code. No officer or employee shall be allowed by his or her superior to exercise the arrest and citation authority conferred in this section unless such officer or employee is within a classification of City officers and employees designated by resolution of the City Council to exercise such arrest and citation authority as to specified violations. Any such officer or employee shall be appropriately instructed to deposit executed citations or notice with the police depart- ment for filing with the court, after review for legal sufficiency. -15- sff/ORD11001(010390-7) ADMINISTRATION AND PERSONNEL Chapters: 2.04 2.06 2.08 2.10 2.12 2.15 2.16 2.20 2.50 2.55 Council Boards and Commissions General Provisions City Manager City Clerk Director of Finance and General Services City Treasurer City Attorney Disaster Relief Administrative Mandamus: Statute of Limitations Holidays Observed by the City Chapter 2.04 COUNCIL Sections: 2.04.010 2.04.020 2.04.030 2.04.040 2.04.050 2.04.060 2.04.070 2.04.100 2.04.110 2.04.120 2.04.130 Elections and Tenure Time and place of regular meetings. Improper conduct at meeting. Adoption of procedures. Compensation. Commission appointments. Presiding Officer Appeals to Council. Notice of appeal: Time limit Contents. Appeals: Hearings: Notices. Appeals: Hearings. 2.04.010 Election and Tenure. The electors of the City of Temecula shall elect Councilmembers at the general municipal election held every two years on the date of the statewide general election. 2.020 Time and place of regular meetings. (a) Regular meetings for the City Council shall be held on the second and fourth Tuesday of each month. Regular meetings shall commence a 7:00 p.m. and adjourn at -16- sft/CEDi1UO1(UiO:~9u--') 10.00 p.m., subject to an adopted motion to extend the meeting. Regular meetings shall be conducted at the Temecula Community Center, 28816 Pujol Street. If a regular meeting falls on a holiday, the regular meeting shall be held on the next business day. (Gov. Code Section 36808.) (b) The City Council may, by resolution, designate another date, time and location for a meeting. 2.04.Q2-0 Improver conduct at meeting. (a) All persons shall comply with the meeting procedures announced by resolution of the City Council and no person shall interfere with or interrupt a City Council meeting. (b) The presiding officcer may designate a member of the County Sheriff's Department as Sergeant at Arms who shall carry out the directions of the presiding officer to include making arrests as directed by the presiding officer. Any person who fails to comply with a direction given by the presiding officer may be removed. (c) Any person using profane, vulgar, loud or boisterous language at any meeting or otherwise interrupting the proceedings, who refuses to be seated or keep quiet when ordered to do so by the Mayor or other presiding officer of the Council, is guilty of a misdemeanor. 2.04.04Q Adoption of procedures. The City Council may, by resolution, adopt rules of procedure and regulations pertaining thereto to govern the conduct of its meetings and any of its other functions and activities. 2.04.050 Compensation. (a) Each Councilmember shall be entitled to a salary in the amount of $300.00 per month. (Gov't. Code Section 36516.) (b) Upon the submission of an itemized account, any Councilmember may be reimbursed for the actual and necessary expenses incurred in the performance of official duty. (Gov't. Code Section 36514.5.) 2.04.0 0 Commission appointments. Unless otherwise specifically provided in this Code or by State law, all City board and commission appointments, except for ex officio members where applicable, shall be made by the City Council. -17- sf f/O'RD11001(iU10390- 7 ) a 04.70 Presiding Of icer. (a) City Council shall meet on the Tuesday after the general election MayoreProeTeof its mpore.members of as Mayor and one (Gov't. Code Section 36801.) (b) The Mayor, and the Mayor Pro Tempore, shall serve a term of one year, or until a successor for each ll be position to Three ortMayoraPro Tempore. required (c) In addition to the powers and duties of a Councilmember, the Mayor, or in the Mayor's absence, the Mayor Pro Tempore, shall be the presiding officer of the City Council. (Gov't. Code Section 36802.) 2--9-4-100 Appeals to Council. (a) Except when an appeals procedure is otherwise specifically set forth in this Code, any person objecting to the denial, conditional approval, suspension, or revocation of a permit, license or other approval applied for or held by him pursuant to any provision of this Code, or to any administrative decision made by any official of the City, if the denial, conditional approval, suspension, or.revocation of such permit, license or approval, or the determination of such administrative decision involves the exercise of administrative discretion or personal judgment exercised pursuant to any provision of this Code, may appeal writing to the Council by filing with the City Clerk a written notice of such appeal. (b) No appeal may be taken to any such administrative decision made by an official of the City pursuant to any provision of this Code unless such decision has been first taken up with the department head concerned and with the City Manager, and each such official has not adjusted the matter to the appellant's satisfaction. (c) No right of appeal to the Council from any administrative decision made by an official of the City pursuant to any provision of this Code shall exist when such decision is ministerial and thus does not involve the judgment, exercise of administrative discretion or personal whether the administrative decision involves the denial, conditional approval, suspension, or revocation of a permit, on. license, approval or any other administrative decisio law There shall be no such right of appeal enforcement activities involving State law. -18- sff/ORD11001(010390-7) 2.04.1 10 Notice of appeal: Time limit Contents. (a) No notice of appeal shall be acted upon unless filed within ten days after service of written notice of the determination appealed from, provided that if such notice of determination has not been served in writing the appellant may, within ten days after being apprised of such determina- tion, demand service of written notice thereof, and shall have ten days following such service in which to file the notice of appeal. (b) The notice of appeal shall set forth (1) the specific action appealed from, (2) the specific grounds of the appeal and (3) the relief or action sought from the City Council. In the event any notice of appeal fails to set forth any information required by this section, the City Clerk shall return the same to the appellant with a state- ment of the respects in which it is deficient, and the appellant shall thereafter be allowed five days in which to perfect and refile the notice of appeal. (c) Except in those instances where an appeal is filed by the City Manager or other public official pursuant to official duties, the written notice of appeal from the determination of an administrative official or from an administrative body of the City, as the case may be, shall be accompanied by such fee as may be established by resolution of the City Council. 2.04.120 ARPeals• Hearings: Notices. Upon the timely filing of a notice of appeal in proper form, the City Clerk shall schedule the matter promptly upon the City Council agenda at a subsequent regular meeting and shall cause notice thereof to be given to the appellant not less than five days prior to such hearing, unless such notice is waived in writing by the appellant. The City Clerk shall also cause a copy of the notice of appeal to be transmitted to the official or body whose decision has been appealed from. 2 04.1_0 Appeals: Hearings. (a) The City Council may limit participation at the hearing to those parties directly interested, or may allow participation by the public. Such public participa- tion, however, shall only occur when the Council deems the same necessary to further the public interest. If a hearing is ordered open to public participation, notice thereof -19- Sr jURD11OU1(O1U33U-7) shall be given by publishing notice of the same in a newspaper of general circulation in the City not less than five days prior to the date of such hearing, and by such other means as the City Council deems necessary. (b) At the time of consideration of the appeal by the City Council the appellant shall be limited to a presentation on the specific grounds of appeal and matters set forth in his or her notice of appeal and shall have the burden of establishing cause why the decision appealed from should be altered, reversed or modified. The Council may continue the matter from time to time; and at the conclusion of its consideration may affirm, reverse or modify the decision appealed from and may take any action which might have been legally taken in the first instance by the official or body from whose action the appeal has been taken. In ruling on the appeal the finding and action of the Council shall be final and conclusive in the matter. -20- sff/oR111001(910390-7) Chapter 2.06 COMMISSIONS GENERAL PROVISIONS 2.06.010 2.06.020 2.06.030 2.06.040 2.06.050 2.06.060 2.06.070 2.06.080 2.06.090 2.06.100 Commissions established. Number of members. Qualifications. Applications. Appointment. Term. vacancies. Meetings/Quorum. Absence from meetings. Compensation. .06.010 Commissions established. There shall be established within the City a Planning Commission. The City Council may establish by ordinance or resolution such other commissions as it deems necessary. 2.06.020 Number of members. Unless otherwise specifically provided, each commission shall consist of five (5) members. 2.06_.030 Qualifications. Unless otherwise specifically provided by law, or by ordinance or resolution of the City Council, all members of commissions of the City shall, at all times during their incumbencies, be bona fide residents and registered voters of the City. No member of any commission shall be a City employee, nor shall any person be a member of more than one commission at any one time. No person shall be eligible for appointment as a commission member for more than two fulWerms (six (6) years). con4caa r.• 2.06.040 applications. The City Clerk shall maintain all applications submitted to the City for commission positions for a period of two (2) years. ylw"%tr" 2.0 6.050 Members: Appointment nd Removal. Members of each commission shall be by Pre Tempe re-subject to the approval of a majority of 'the City Council. A majority of the Council may remove an appointee for good cause. The chairperson and vice- chairperson of each commission shall be selected by a majority of the membership of that commission. ;kJ ha / -21- sf f/ORD11001(010390-7) 2 .06.06 Term. The term of each commission member shall be three (3) years with staggered terms. Initially, all five members may be selected at once. In order to achieve staggered terms, one member shall be appointed for a term of three (3) years; two for terms of two (2) years; and two for terms of one (1) year, said terms to be determined by drawing lot. At the completion of any term, a commission member may be reappointed pursuant to the procedures set forth in Section 2.06.050. 2.06.070 Vacancies. If vacancies in any commission occur, other than by expiration of term, such vacancies shall be filled by appointment for the unexpired portion of the term. 2.06.080 Meetings/Quorum. The City Council shall establish meeting schedules for each commission by resolution. A quorum of three shall be required for the transaction of any business. 2.06.090 Absence from meetings. Should any commission member be absent from any three consecutive meetings of the commission, without excuse acceptable to the City Council, that member shall vacate his or her seat on the commission. The vacancy shall be filled in the same manner as any other vacancy. ..06.100 gompensation. Unless otherwise required by law, commission members shall receive no compensation. -22- sff/ORD11001(010390-7) Sections: 2.08.010 2.08.020 2.08.030 2.08.040 2.08.050 2.08.060 2.08.070 2.08.080 2.08.090 2.08.100 2.08.110 2.08.120 Chapter 2.08 CITY MANAGER Office created Term. Eligibility. Compensation. Expense reimbursement. Designation of acting City Manager. Powers and duties. Relations with Council. Departmental cooperation. Attendance at commission meetings. Removal. Agreements with Council. Bond 2.08.010 Office created Term. The office of the City Manager is created and established. The City Manager shall be appointed by the. City Council wholly on the basis of administrative and executive ability and qualifications. The City Manager shall hold office for and during the pleasure of the City Council. 2.08.020 Eligibility. No member of the City Council shall be eligible for appointment as City Manager until one year has elapsed after such Councilmember has ceased to be a member of the City Council. 2.08.030 Compensation. The City Manager shall receive such compensation and expense allowances as the City Council shall from time to time determine, and such compensation shall be a proper charge against such funds of the City as the Council shall designate. 2.08.040 Expense Reimbursement. The City Manager shall be reimbursed for all actual and necessary expenses he or she incurs in the performance of his or her official duties, including those incurred when traveling on business pertaining to the City. 2.08.050 Designation of Acting The City Manager, by letter filed with the designate a qualified City administrative exercise the powers and perform the duties during any temporary absence or disability Manager. City Manager. City Clerk, shall Dfficer to of City Manager of the City -23- s f f/ORD1100 i( 010:$ 9 U -7) 2L9-Q2060 Powers and du 'es. The City Manager t of shall be the adminis alive hcontroltof theernmenCouncile City under the direction except as otherwise provided in this chapter. The City ra- Manager shall be resofn~helCityrwhthe ichearecunderahisnorther tion of all affairs control. In addition to the general powers as limitation tive head of the City government, and not as a thereon, the City Manager shall be expected to, and shall have the power to: (a) Enforce all laws and ordinances of the City permits and and to see that all franchises, City Council faithfully privileges granted by Y Council observed; (b) Appoint, remove, promote and demote any and all officers and employees of the City except elected officers, the City Attorney, the City Clerk, and the City Treasurer, subject to all applicable personnel rules and regulations which may be adopted by the City Council; (c) Control, order and give directions toiall her app department heads who subject to his and to and removal authority, and employees of the City under his or her jurisdiction through their department heads; (d) Conduct studies and effect such organization and reorganization of offices, positions or units under his or her direction as may be indicated in the interest of efficient, effective and economical conduct of the City's business; (e) Recommend to the City Council for adoption such measures and ordinances as he or she deems necessary. (f) Attend all meetings of the City Council unless excused therefrom by the Mayor individually or the City Council as a whole, except when his or her removal is under consideration; (g) Prepare and submit the proposed annual budget and the proposed annual salary plan to the City Council for its approval; (h) Keep the City Council at all times fully advised as to the financial condition and needs of the City; -24- sff/ORD11001(010390-7) (i) Make investigations into the affairs of the City and any department or division thereof and any contract or other obligation of the City; and further to investigate all complaints in relation to matters concerning the administration of the City government and in regard to the service maintained by public utilities in the City; (j) Exercise general supervision over all public buildings, public parks and all other public properties which are under the control and jurisdiction of the City; (k) Have the same authority as the Mayor, as the convenience of the parties may dictate, to sign documents specified in Section 40602 of the California Govern ent Code whenever such documents have been approved by thity Council for execution by resolution, motion, minute order or other appropriate action; and (1) Perform such other responsibilities and exercise such other powers as may be delegated to him or her from time to time by ordinance or resolution or other official action of the City Council. 2.08070 Relations with Council. The City Council and its members shall deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry, and neither the City Council nor any member thereof shall give orders to any subordinates any the City Manager. For purposes hereof, inquiry Y directions or and all communications short of giving orders, instructions to any member of the administrative staff. Such staff members shall provide all information reasonably requested by any Councilmember. The City Manager shall take orders and instructions from the City Council only when sitting in a duly convened meeting of the City Council and no individual Councilmember shall give any orders or instructions to the City Manager. The City Council shall instruct the City Manager in matters of policy. Any action, determination or omission of the City Manager shall be subject to review by the City Council. The City Council may not overrule, change or modify any such action, determina- tion or omission except by the affirmative vote of at least three members of the City Council. 2_Og,080 Departmental cooperation. It shall be the duty of all subordinate officers, the City Attorney, and City Clerk to assist the City Manager in administering the affairs of the City efficiently, economically and harmoniously. -25- sYf/ONU110U1(u1U39U-1) 2.08.090 Attendance at commission mee inas. The City Manager may attend any and all meetings of the Planning Commission, and any other commission, board or committee created by the City Council, upon his or her own volition or upon direction of the City Council. At any such meeting which the City Manager attends, he or she shall be heard by such commission, board or committee as to all matters upon which he or she wishes to address the members thereof. The City Manager shall inform such commission, board or committee as to the status of any matter being considered by the City Council pertaining to that body, and shall cooperate to the fullest extent with members of all commis- sions, boards or committees appointed by the City Council. 2.08.100 Removal. The removal of the City Manager shall be effected only by a majority vote of the whole Council as then constituted, convened in a regular Council meeting. 2.08._110 Agreements with Council. Nothing in this chapter shall be construed as a limitation on the power or authority of the City Council to enter into any supplemental agreement with the City Manager delineating additional terms and conditions of employment not inconsistent with any provisions of this chapter. 2.08.120 Bond. The City Manager shall furnish a corporate surety bond in the amount of $100,000 from a surety approved by the City Council for the faithful performance of the duties imposed upon the City Manager. The premium for such bonds shall be a proper charge against the City. -26- srf/URDIIUU1(UI039U-1) hanter 2.1 CITY CLERK Sections: 2.10.010 2.10.020 2.10.030 2.10.040 Authority for office. Compensation. Functions. Bond. x.10.010 Authority for office. The office of the City Clerk is created and established. The City Clerk shall be appointed by the City Council wholly on the basis of administrative and executive ability and qualifications. The City Clerk shall hold office for and during the pleasure of the City Council. 2,10.020 Compensation. The City Clerk shall receive such compensation and expense allowance as the City Council shall from time to time determine, and such compensation shall be a proper charge against such funds of the City as the City Council shall designate. 2.10.030 Functions. The City Clerk shall have all of the powers, duties, and responsibilities granted to and imposed upon the office of the City Clerk by the provisions of Chapter 2 of Part 3 of Division 3 of Title 4 of the Government Code of the State (commencing with Section 40800), other general laws of the State, the provisions of this Code, and the ordinances and resolutions of the City Council. The principal functions of the City Clerk shall be to: (a) Attend all meetings of the City Council and be responsible for the recording and maintenance of a record of all the actions of the Council; (b) Keep all ordinances and resolutions of the Council in such a manner that the information contained therein will be readily accessible and open to the public. The City Clerk shall attach to the original copy of each ordinance a certificate which shall state the date the ordinance was adopted and, as to an ordinance requiring publication, that the ordinance has been published or posted in accordance with law; -27- sff/ORD11001(010390-7) (c) Keep all records of the Council and of the office of the City Clerk in such manner that the information contained therein will be readily accessible and open to the public until such time as any of the records may be destroyed, or reproduced and the original destroyed, in accordance with State law; (d) Serve as the official custodian of all City records; (e) Be the custodian of the seal of the City; (f) Prepare the Council agendas, in conjunction with and under the direction of the City Manager; (g) Perform the duties prescribed by the California Elections Code in conducting municipal elections; (h) Perform the duties imposed upon city clerks by the California Political Reform Act; (i) Be responsible for the publication of all official advertising for the City; (j) Be responsible for the maintenance and distribution of the Municipal Code; (k) Process all claims filed against the City and its officers, agents, or employees, pursuant to Chapters 1 and 2 of Part 3 of Division 3.6 of Title 1 of the California Government Code (commencing with Section 900) and Chapter 3.16 of Title 3 of this Code; (1) Perform the financial and accounting duties imposed upon the City Clerk by Section 40802 through 40805 of the California Government Code; and (m) Perform such other duties consistent with this Code as may be required of the City Clerk by the City Council. 2.1__ Bond The City Clerk shall furnish a corporate surety bond in the amount of $100,000 from a surety approved by the City Council for the faithful performance imposed upon proper charge against the premium for such City. -28- sff/ORD11001(010390-7) Sections: 2.12.010 2.12.020 2.12.030 2.12.040 Chapter 2.12 DIRECTOR OF FINANCE Office created. Appointment. Bond requirement. Duties. 12.010 Office created. There is hereby created and established the office of Director of Finance. 2.12.020 Appointment. The Director of Finance shall be appointed by and serve at the pleasure of the City Manager. 2.12.030 Bond requirement. The Director of Finance shall furnish a corporate surety bond to be approved by the City Council in the same amount as that required of the City Clerk, and it shall be conditioned upon the satisfactory performance of the duties imposed upon the Director of Finance by statute, ordinance or resolution. Any premium for such bond shall be a proper charge against the City of Temecula. 2.12.040 ties. The Director of Finance shall be the head of the Finance Department of the City, and shall: (a) Have charge of the administration of the financial affairs of the City under the direction of the City Manager; and (b) Compile the budget expense and income estimates for the City Manager; and (c) Maintain a general accounting system for the City Government and each of its officers, departments and agencies; and (d) Supervise and be responsible for the disbursement of all monies and audit of all expenditures to ensure that budget appropriations are not exceeded; audit all purchase orders before issuance to ensure that sufficient funds are appropriated and available; audit and approve before payment bills, invoices, payrolls, demands or charges, -29- sff/ORU11UU1kU10390-7) against the City Government; and, with the advice of the City Attorney, when necessary, determine the regularity, legality and correctness of such claims, demands or charges, and prepare and submit to the City Council periodically a register of audited demands with his affidavit attached thereto as provided in the Government Code; and (e) Submit to the City Council periodic statements of all receipts and disbursements in sufficient detail to show the exact financial condition of the City; and, at the end of each fiscal year, submit a complete financial statement and report; and (f) Supervise the keeping of current inventories of all property of the City by all City departments, offices and agencies; and (g) Perform all the financial and accounting duties hereto fore imposed upon the City Clerk, and the City Clerk shall be relieved of such duties, including all such duties imposed upon the City Clerk by Sections 40802 through 40805 of the Government Code of the State of California, and including all such duties imposed upon the City Clerk by Section 37208 of the Government Code with respect to the prepayment of demands. -30- sff/ORD11001(010390-7) Sections: 2.15.010 2.15.020 2.15.030 2.15.040 Chapter 2.15 CITY TREASURER Authority for office. Compensation. Functions. Bond. 2,.15.010 Authority for office. The office of the City Treasurer is created and established. The City Treasurer shall be appointed by the City Council wholly on the basis of administrative and executive ability and qualifications. The City Treasurer shall hold office for and during the pleasure of the City Council. 2.15.020 Compensation. The City Treasurer shall receive such compensation and expense allowance as the City Council shall from time to time determine, and such compensation shall be a proper charge against such funds of the City as the City Council shall designate. 2.15.030 Functions. The City Treasurer shall perform such duties as are prescribed by Sections 41000 through 41007 of the California Government Code and by any other provisions of law applicable to deposit, investment and safekeeping of public funds of the City. 2.15.040 Bond. The City Treasurer shall furnish a corporate surety bond in the amount of $100,000 from a surety approved by the City Council for the faithful performance of the duties imposed upon the City Treasurer. The premium for such bonds shall be a proper charge against the City. -31- sff/ORD11001(010390-7) CITY ATTORNEY Sections: 2.16.010 Office created. 2.16.020 Compensation. 2.16.030 Functions. 2.16.010 Office created. The office of the City Attorney is hereby established. It shall consist of the City Attorney and such assistants as may be authorized by the Council. The City Attorney shall administer the office and be responsible for the successful performance of its functions. The City Attorney shall serve under the direct supervision and control of the Council as its legal advisor. The Council may retain or employ other attorneys, assistants, or special counsel as may be needed to take charge of any litigation or legal matters or to assist the City Attorney therein. 2.16.020 Compensation. The City Attorney shall receive such compensation and expense allowance as the City Council shall from time to time determine, and such compensation shall be a proper charge against such funds of the City as the City Council shall designate. 2.16.030 Functions. The functions of the office of the City Attorney shall be to: (a) Advise the Council and all City officers in all matters of law pertaining to their offices; (b) Furnish legal service at all meetings of the Council, except when excused or disabled, and give advice or opinion on the legality of all matters under consideration by the Council or by any of the boards and commissions or officers of the City; (c) Prepare and/or approve all ordinances, resolutions, agreements, contracts and other legal instruments as shall be required for the proper conduct of the business of the City and approve the form of all contracts, agreements and bonds given to the City; and (d) Perform such other legal duties as may be required by the Council or as may be necessary to complete the performance of the foregoing functions. -32- sff/ORD11001(010390-7) Sections: 2.20.010 2.20.020 2.20.030 2.20.040 2.20.050 2.20.060 2.20.070 2.20.080 2.20.090 2.20.100 2.20.110 2.20.120 2.20.180 2.20.190 2.20.200 2.20.210 2.20.220 Chapter 2.20 DISASTER RELIEF General purposes. Definitions. Disaster corps. Disaster corps Activation. Disaster director. Disaster director Powers and duties. Office of disaster preparedness. Powers on succession. Orders by members of disaster corps. Line of succession for Council members. Emergency operating centers. Prohibited acts during emergencies. Proclamation of emergency Determination Authority. Proclamation of emergency Effective when Term. Proclamation of emergency Rules and regulations Powers of Disaster Director. Requisition of equipment or personnel. Penalty for violation. 2.20.010 General purposes. The purpose of this chapter is to provide for the preparation and carrying out of plans for the protection of persons and property within the city in the event of the emergency or disaster conditions hereinafter referred to; the direction of the disaster organization; and the coordination of the disaster functions of the City with the County and with all other public agencies, corporations, organizations, and affected private persons. 2.20.020 Definitions. As used in this chapter: (a) "'State of war emergency" means the condition which exists immediately, with or without a proclamation thereof by the Governor, whenever this State or nation is attacked by an enemy of the United States, or upon receipt by the State of a warning from the federal government indicating that such an enemy attack is probable or imminent; -33- sff/0RDIiUUl(01039 0`/) (b) 'State of emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the State caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake or other conditions, other than conditions resulting from a labor controversy or conditions causing a "state of war emergency,"' which conditions, by reason of the magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facili- ties of any single city, county or city and county and require combined forces of a mutual aid region or regions to combat; (c) "Local emergency" means the existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a city, county or city and county, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earth- quake or other conditions, other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equip- ment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat; (d) Other terms used herein shall have meanings as used in the California Emergency Services Act. 2.20.030 Disaster corps. The City disaster corps consists of all officers and employees of the City and its agencies, together with all volunteers and all groups, organizations and persons commandeered under the provisions of the California Emergency Services Act and this chapter, with all equipment and material publicly owned, volunteered, commandeered or in any way under the control of the afore- mentioned personnel, for the support of the aforementioned personnel in the conduct of disaster operations. The disaster corps shall be composed of such elements as are provided for in the disaster operations plan of the City. The officers of the City shall have the authority and duty to plan for mobilization, operation and support of that segment of the disaster corps for which each is responsible as provided for in the disaster operations plan of the City, and to conduct the activities thereof. 2.29_.040 pisaster corps Activation. The disaster corps shall be activated and shall function as a disaster relief body, only: -34- s Z/URL)1iVUi(01UJ9U°1) (a) Upon the existence of a "'state of war emergency"' ; (b) Upon the declaration by the Governor of the State, or of persons authorized to act in his stead, of a "state of emergency' affecting and including the City; (c) Upon the declaration of a "local emergency" by the Board of Supervisors of Riverside County, or by persons authorized to act in its stead, affecting and including the City; or (d) Upon the declaration of a "local emergency" by the City Council of the City, or by persons herein authorized to act in its stead. 2.20.050 Disaster director. The City Manager shall be the disaster director. In the City Manager's absence or inability to act the City Manager shall automatically be succeeded as disaster director by the officials and persons named for this purpose, and in the order specified, in the disaster operations plan of the City. 2.20.060 Disaster director Powers and duties. The disaster director shall have the following powers and duties: (a) To make all appointments or delegate the making of the same, within the disaster corps; (b) To request the City Council to proclaim the existence of a "local emergency" if said council is in session, or to issue such proclamation if said Council is not in session. Whenever a "local emergency" is proclaimed by the director, the City Council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect. The City Council shall review the necessity for continuing the "local emergency" no less frequently than every fourteen days until the emergency is terminated; (c) During the existence of a "state of war emergency", or the proclaimed existence of a "state of emergency" or a "local emergency" affecting the City, to: (1) Control and direct the activities of the City disaster corps; -35- (2) Use all City resources for the preservation of life and property and to reduce the effects of disaster; (3) Resolve questions of authority and responsibility that may arise in disaster operations; (4) Obtain vital supplies, equipment and other resources needed for the preservation of life and property by either binding the City for the fair value thereof or by commandeering the same; (5) Delegate to elected and appointed officials of the City such duties and authorities as he deems necessary; (6) Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by any condition proclaimed an emergency as provided herein; (7) Exercise complete authority over the City and to exercise all police power vested in the City by the Constitution and general laws; and (8) Require performance of emergency services by any City officer or employee and to command the aid of as many citizens of the City as deemed necessary in the execution of the duties set forth in this chapter. (d) In addition to the powers granted herein, the director shall have such powers incidental to the perfor- mance of his or her duties as shall be necessary to allow the disaster operations plan of the City to be effectively carried out, it being the intent of this chapter that the enumerated powers herein are not limitations upon the director's powers. 2.20_,070_ Office of disaster preparedness. There is created the City Office of Disaster Preparedness, which shall consist of such positions as may be established by the City Manager. 2.20. Powers of succession. Each person who shall succeed to each position or office as provided herein, and as provided in the disaster operations plan of the City shall succeed to all the powers and duties of the office succeeded to immediately upon such succession. -36- 2.20.090 Orders by members of disaster corns. During the existence of a "'state of war emergency"' or of a proclaimed 'state of emergency" or "local emergency" affecting the City, each member of-the City disaster corps shall have authority to require that all persons follow reasonable orders given by that member and within the scope of that member's functions, in order to execute the disaster operations plan of the City. The willful failure of any person to follow such reasonable order or orders is a misdemeanor. 2.20.100 Line of succession for Council members. The line of succession for the position of Mayor during a state of emergency, war emergency, local emergency or other condition of disaster, unless otherwise ordered by the City Council, shall be Mayor pro tempore followed by the remaining City Council members in the order of their seniority, excluding standby successors who may have been appointed pursuant to Section 8638 of the California Government Code. 2.20.110 Emergency operating centers. Unless exigencies render the same impossible or unduly hazardous to safety, two emergency operating centers shall normally be maintained within the City; one of these at the City Hall, and the other at the police headquarters. 2.20.120 prohibited acts during emergencies. It is a misdemeanor for any person during a state of emergency, war emergency, local emergency or other condition of disaster to: (a) Willfully obstruct, hinder or delay any member of the City disaster corps in the enforcement of any law or lawful rule, regulation or order issued pursuant to this chapter, or in the performance of any duty imposed upon such disaster corps member by virtue of this chapter; (b) Do any act forbidden by any lawful rule, regulation or order issued pursuant to this chapter if such is of such a nature as to give, or be likely to give assistance to the enemy, or to imperil life or property, or to prevent, hinder or delay the defense or protection of persons or property; or (c) Wear, carry or display, means of identification specified by of disaster or civil defense agencies state governments. without authority, any the emergency services of the federal or -37- .L Q .2 20.180 Proclamation of emergency Determination Authority. Whenever riots, general civil disobedience, multiple law violations or the threat of the same occur in the City, the disaster director, or in the event of said director's inability to act, the chief of police, may determine that a local emergency exists. such time the disaster director shall forthwith proclaim in writing the existence of a state of local emergency. The director shall cause such proclamation to be given widespread publicity and notice. 2.20.190 Proclamation of emergency When effective Term. The proclamation of local emergency provided herein shall become effective immediately upon its issuance and shall be disseminated to the public by appro- priate news media. Such a state of local emergency shall exist from the time the proclamation of emergency is issued until such time as it is similarly and duly terminated by the disaster director, or by the action or inaction of the City Council as provided by Section 2.20.060(b). 2.20.200 Proclamation of emergency Rules and re ulations Powers of Disaster Director. After the issuance of a proclamation of local emergency the disaster director shall have the power to make, issue and enforce rules and regulations on matters reasonably related to the protection of life and property as affected by said emergency; provided, however, such rules and regulations shall be confirmed as soon as practicable by the City Council. In addition to those powers and duties set forth in Section 2.20.060, the disaster director is granted, but shall not be limited to, the following powers: (a) CURFEW. The disaster director may order a general curfew applicable to the entire City or such geographical areas thereof as deemed necessary to protect the public health, safety, welfare and morals. As used herein "curfew" means a prohibition against any person or persons walking, running, loitering, standing, riding or motoring upon any alley, street, highway, public property or private property except as authorized by the owner, lessee or person in charge of such private property. Persons officially delegated to duty with reference to such civil emergency and representatives of news media, physicians, nurses, ambulance operators performing medical services, utility personnel maintaining essential public services, firemen and law enforcement officers and other such personnel as well as those -38- specifically authorized by duly delegated authority are exempted from the foregoing curfew requirements; (b) BUSINESS CLOSING. The disaster director may order the closing of any business establishments anywhere within the City, such businesses to include but not be limited to those selling alcoholic beverages, gasoline or firearms; (c) ALCOHOLIC BEVERAGES. The disaster director may order that no person shall consume any alcoholic beverages in a public street or place which is publicly owned or in any other public or private area on which the consumption of such alcoholic beverages is found by the disaster director, on just cause, to precipitate a clear and present danger to the well-being of the community during the emergency; (d) WEAPONS. The disaster director may order that no persons shall carry or possess any gun, bomb, fire bomb, knife, rock or other such weapon or item, the use of which would tend to inflict great bodily harm on persons or damage to property; (e) STREET CLOSURES. The disaster director may designate any public street, thoroughfare or vehicular parking area closed to motor vehicles and pedestrian traffic during the course of such an emergency. The foregoing specific authorizations and other such authorizations as may be deemed necessary during such emergencies are declared to be imminently necessary for the protection of life and property during such period. 20.210 Requisition of equipment or personnel. Once a proclamation of emergency is issued, the disaster director may request from the Governor all necessary assistance, requisition necessary personnel or materials from any City department or other source, control and direct all City personnel and equipment, obtain vital supplies and such other properties found lacking and needed for the protection of life and property and bind the City for the fair value thereof, and if required, commandeer immediately such property, equipment and personnel necessary for the public use during the term of the emergency. All persons required by the disaster director to provide aid to the City pursuant to Section 2.20.060(c)(8) shall be entitled to all privileges, benefits -39- and immunities provided by State or local law for registered civil defense and disaster worker volunteers. 2.20.220 penalty for violation. Any person violating any provision of this chapter or executive order issued pursuant thereto is guilty of a misdemeanor. -40- j Chapter 2.50 ADMINISTRATIVE MANDAMUS: STATUTE OF LIMITATIONS Sections: 2.50.010 Administrative decisions Judicial review: Time limits. 2.50.020 Decisions affected. 2.50.010 Administrative decisions Judicial review: Time limits. The provisions of Section 1094.6 of the California Code of Civil Procedure are hereby adopted by the City Council, and said provisions are hereby made applicable in the City as further specified in Section 2.50.020 of this chapter. 2.50.020 Decisions affected. The provisions of this chapter shall be applicable to "'decisions', as defined by Section 1094.6 of the California Code-of`Civil Procedure, that are final on and after January 1, 19'~ GG -41- Cha)ter 2.55 HOLIDAYS nnc~'DVED BY THE CITY ~1VDAY • .7 va,+v+++ Sections: 2.55.010 2.55.010 Holidays observed by the City. Holidays observed by the City. (a) Notwithstanding anything to the contrary contained within California Government Code Section 6700, the public offices of the City, excluding those offices which must remain open for the continuation of essential public services such as police and fire protection, shall be closed on Saturdays, Sundays and on the following, and only the following holidays: (1) New Year's Day (January 1) (2) Martin Luther King Day (Third Monday in January) (3) Presidents Day (Third Monday in February) (4) Memorial Day (Last Monday in May) (5) Independence Day (July 4) (6) Labor Day (First Monday in September) (7) Veterans Day (November 11) (8) Thanksgiving Day (Fourth Thursday in November) (9) Friday following Thanksgiving Day (10) Christmas Day (December 25) (b) Holidays falling on Sunday will be observed on the following Monday. Holidays falling on Saturday shall be observed on the preceding Friday. (c) Other holidays may be designated by resolution or ordinance of the City Council. (d) Notwithstanding the foregoing provisions of this section, the City Manager shall be authorized, by administrative regulation or otherwise, to direct that all or a portion of the public offices of the City shall remain open for business, on a full or reduced staff basis, on any of the days or holidays prescribed above, when it is determined to be necessary for the public interest to do so. -42- Chapters: 3.08 3.10 3.12 3.13 3.16 3.18 3.20 3.22 3.25 REVENUE AND FINANCE Investment of Moneys and Funds Collection of Debts to the City Purchases Informal Bidding Procedures Demands and Claims Transfer of Tax Functions Special Gas Tax Street Improvement Fund Real Property Documentary Transfer Tax Transient Occupancy Tax Chapter 3.08 INVESTMENT OF MONEYS AND FUNDS Sections: 3.08.010 Investment of City moneys and deposit 3.08.020 3.08.030 3.08.040 3.08.050 3.08.060 3.08.070 of securities. Authorized investments. Sales of securities. City bonds. Reports. Deposits of securities. Trust fund administration. 3.0_8.010 Investment of City moneys and deposit of securities. Pursuant to, in accordance with, and to the extent allowed by Sections 53607 and 53608 of the Government Code, the authority to invest and reinvest moneys of the City, to sell or exchange securities, and to deposit them and provide for their safekeeping, is delegated to the City Treasurer. 3.08.020 Authorized investments. Pursuant to the delegation of authority in Section 3.08.010, the City Treasurer is authorized to purchase, at their original sale after they have been issued, securities which are permis- sible investments under any provision of State law relating including but not to the investing of general City funds, limited to Sections 53601 and 53635 of the Government Code, as said sections now read or may hereafter be amended, from moneys in his or her custody which are not required for the -43- immediate necessities of the City and as he or she may deem wise and expedient, and to sell or exchange for other eligible securities and reinvest the proceeds of the securities so purchased. 3.08.030 Sales of securities. From time to time the City Treasurer shall sell the securities in which City moneys have been invested pursuant to this chapter, so that the proceeds may, as appropriate, be applied to the purchase for which the original purchase money may have been designated or placed in the City treasury. x.08.040 City bonds. Bonds issued by the City and purchased pursuant to this chapter may be canceled either in satisfaction of sinking fund obligations or otherwise if proper or appropriate; provided, however, that said bonds may be held uncancelled and while so held may be resold. 3.08.050 Reports. The City Treasurer shall make a monthly report to the City Council of all investments made pursuant to the authority delegated in this chapter. 3.08.060 Deposits of securities. Pursuant to the delegation of authority in Section 3.08.010, the City Treasurer is authorized to deposit for safekeeping, the securities in which City moneys have been invested pursuant to this chapter, in any institution or depository authorized by the terms of any State law, including but not limited to Section 53608 of the Government Code as it now reads or may hereafter be amended. In accordance with said section, the City Treasurer shall take from such institution or deposi- tory a receipt for the securities so deposited and shall not be responsible for such securities delivered to and receipted for by such institution or depository until they are withdrawn therefrom by the City Treasurer. 3.08.07 Trust fund administration. Any departmental trust fund established by the City Council pursuant to Section 36523 of the Government Code shall be t36523bofttheCGovernmentrCodenandcanyaotherith Section applicable provisions of law. -44- COL ECTION OF DEBTS TO THE CITY Sections: 3.10.010 Collection of Debts to the City 3 10.010 collection of Debts to the City. The license, amount of any fee, service charge, utility charge, or tax of any nature whatsoever imposed by this Code or by any other resolution, ordinance, rule, regulation or in any other fashion by the City of Temecula shall be deemed a civil debt owing to the City. An action may be commenced in the name of the City in any court of competent jurisdiction for the collection of the amount of any such delinquent or unpaid fee, service charge, utility charge, license, or tax, together with any penalties applicable thereto as prescribed by this Code or any other enactment. Such action may also be commenced for the collection of any other amount or debt determined to be due the City on account of any contractual obligation or on account of any tortious act or conduct by any person. The remedy prescribed by this section shall be cumulative, and the use of a civil action to collect such an amount as a debt shall not bar the use of any other remedy provided by this Code or by law for the purpose of enforcing the provisions thereof. -45- PURCHASES Sections: 3.12.010 Adoption of purchasing system. 3.12.020 3.12.030 Scope of Chapter. Centralized purchasing division. 12.040 3 Purchasing agent. . 3.12.050 60 Purchasing regulations. Exemptions from centralized purchasing. 3.12.0 3.12.070 Estimates of requirements. 3.12.080 Requisitions. 12.090 3 Purchase orders. . 3.12.100 Encumbrance of funds. ection and testing. I 3.12.110 nsp 3.12.120 130 12 3 Bidding. Formal (sealed) bid procedures. . . 3.12.140 Notice inviting formal bids. Published notice for formal bids. 3.12.150 12.160 3 Approved vendors list. . 3.12.170 Bulletin board notice. 3.12.180 Bidder's security. Other formal bond requirements. 3.12.190 200 12 3 Formal bid opening procedure. . . 3.12.210 Rejection of formal bids. Award of formal bid contracts. 3.12.220 3.12.230 Tie formal bids. 3.12.240 250 12 3 No formal bids. Open market or informal bid procedure. . . 3.12.260 Minimum number of informal bids. viting informal bids. i 3.12.270 3.12.280 n Notice Record of informal bids. etitive bidding com t 3.12.290 p o Exceptions 3.12.300 requirement. Regulations regarding selection of contract services. 3.12.310 went. Surplus supplies and equip ade ins - T 3.12.320 . r Surplus supplies - lus supplies Sale. S 3.12.330 urp 2 12.010 &doption of Purchasing svst-M. In order to establish efficient procedures for the purchase of supplies and equipment at the lowest possible cost commensurate with quality needs, to exercise positive financial control over purchases, to clearly define authority for the purchasing function, and to assure the quality of purchases, a purchasing system is adopted. -46- ~_i2.020 Scope of Chapter. The procedures established by this chapter shall apply only to the purchase of supplies, equipment and services, and shall not apply to public projects as defined in Section 20161 of the California Public Contracts Code. 3.12_.030 Centralized 2urchasina division. There is created a centralized purchasing division in which is vested authority for the purchase of supplies and equipment. 3.12.040 Purchasing agent. There is created the position of purchasing agent, who may also be known as the purchasing officer. The purchasing agent shall be the head and have general supervision of the purchasing division. The duties of purchasing agent may be combined with those of any other office or position. The purchasing agent shall have the authority to: (a) Purchase or contract for supplies and equipment required by any using agency in accordance with purchasing procedures prescribed by this chapter, such administrative regulations as the purchasing agent shall adopt for the internal management and operation of the purchasing division and such other rules and regulations as shall be prescribed by the City Council or the City Manager; (b) Negotiate and recommend execution of contracts for the purchase of supplies and equipment; (c) Act to procure for the City the needed quality in supplies and equipment at least expense to the City; (d) Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases; (e) Prepare and recommend to the City Council rules governing the purchase of supplies and equipment for the City; (f) Prepare and recommend revisions and amendments to the purchasing rules; (g) Keep informed of current developments in the field of purchasing, prices, market conditions and new products; (h) Prescribe and maintain such forms as are reasonably necessary for the operation of this chapter and other rules and regulations; -47- (i) Supervise the inspection of all supplies and equipment purchased to insure conformance with specifications; (j) Recommend the transfer of surplus or unused supplies and equipment between departments as needed; (k) Maintain an approved vendors list, vendors' catalog file and records needed for the efficient operation of the purchasing division. 3.12._050 Purchasing regulations. The purchasing agent shall be responsible for determining that the regula- tions and procedures in Sections 3.12.060 through 3.12.120 are carried out. 3.12.060 Exemptions from centralized purchasing. The City Manager may authorize, in writing, any department to purchase specified supplies and equipment that independent of the purchasing agent; provided, however, the City Manager shall require that such purchases be made in conformity with the procedures established by this unperiodic der suchrwrittenfrom the chapter d on shall the purchasesrequire department authorization. 3.12.070 Estimates of requirements. All using departments shall file detailed estimates of their require- ments in supplies and equipment in such manner, at such time, and for such future periods as the purchasing agent shall prescribe. 3.12.080 Requisitions. Using departments shall submit requests for supplies and equipment to the purchasing agent by standard requisition form, or by other means as may be established by the purchasing rules and regulations. 3.12.090 Purchase orders. Purchases of supplies and equipment shall be made only by purchase orders. Except as otherwise provided herein, no purchase order shall be issued unless the prior approval of the purchasing agent or his designated representative has been obtained. .l .100 Encumbrance of funds. Except in cases of emergency, the purchasing agent shall not issue any purchase order for supplies or equipment unless there exists an unencumbered appropriation in the fund account against which said purchase is to be charged. -48- 3.12-110 2_110 I~}snect;~n and testing. The purchasing agent shall, in his or her discretion, inspect supplies and equipment delivered to determine their conformance with the specifications set forth in the order. The purchasing agent physical tests shall have authority to require chemical and of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications. 3 1_ 2 120 Bidding. Purchases of supplies and equipment shall be by bid procedures pursuant to Sections 3.12.130 through 3.12.280. Bidding may be dispensed with only under conditions stated in Section 3.12.290. Except 3.12o130 Formal lseal edl bid procedures. as otherwise provided herein, purchases of supplies and equipment of an estimated value greater than Ten Thousand Dollars ($10,000.00) shall be awarded to the lowest responsible bidder pursuant to the formal bid procedure hereinafter prescribed. 2_12.140 Notice inviting formal bids. Notices inviting formal bids shall include a general description of the article or service desired, shall state where bid documents and specifications may be secured, and the time and place for opening bids. 3.12.15Q Published notice for formal bids. Notices inviting formal bids shall be published at least ten Notices days prior to the date of opening of the bids. shall be published at least once for non-public projects and at least twice, not less than five days apart for public projects, in a newspaper of general circulation in the City. _3o12.160 Approved vendors list. The purchasing agent shall also solicit formal sealed bids frorsreistnso le suppliers whose names are on the approved who have made written request that their names be added thereto. 3.12.174 Bulletin board notice. The purchasing agent shall advertise the pending formal purchases by posting a notice on the public bulletin board at the City offices. a_12.180 Bidder's security. Where deemed necessary by the purchasing agent, formal bids shall be accompanied by security, either cash, cashier's check, certified check or surety bond, rota sum equal and to tenbe percent of the total aggregate shall -49- designated in the notice inviting bids. Bidders shall be entitled to the return of bid security; provided, however, that a successful bidder shall forfeit the bid security upon his or her refusal or failure to execute the contract within ten days after the notice of award of contract has been mailed, unless the City is solely responsible for therefusal lay in executing the contract. The City Council may, or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder who is willing to execute the contract, or may reject all bids and readvertise. 12,190 Other formal bond requirements. A faithful performance bond and labor and material bond shall be required for all public projects, unless waived by the city council, in an amount reasonably necessary to protect the best interests of the City. In addition, the City - Council shall have authority to require a faithful perfor mance bond or other bonds before entering into a contract other than a public project contract. If bonds are required, the form and amount thereof shall be designated in the notice inviting bids. 3.12.200 Formal bid openina procedure. Sealed bids shall be submitted to the purchasing agent and shall be identified as "bids" on the envelope. The purchasing officer, or designee, shall publicly open all bids at the time and place stated in the public notices. A tabulation of all bids received shall be available for public inspec- tion in the purchasing office during regular for a period of not less than thirty calendar days after the bid opening. 3.12.21G Reiection of formal bids. In its discretion, the City Council may reject any and all bids presented and may cause readvertising for bids pursuant to the procedure hereinabove prescribed. However, when all bids exceed the authorized budgeted amount, the City Manager may authorize rejection of all bids and authorize rebidding based upon the original accordance secifications modified, in n a a 3 12.220 Award of formal bid contracts. Except as otherwise provided herein, formal bid contracts shall be awarded by the City Council to the lowest responsible bidder. The determination of "lowest responsible bidder" shall be at the discretion of the City Council pursuant to findings and recommfndations presented by the purchasing agent at the award of contract. -50- 3.12._230 Tie formal ids. If two or more formal rice# bids received are for the same total if the publictinterest quality and service being equal, will not permit the delay of readvertising for bids, the City Council may in its discretion accept the one it chooses or accept the lowest bid made by and after negotiation with the tie bidders at the time of the bid opening or award of contract. 3.12-241 No formal bids. When no formal bids or no responsive bids are received, the purchasing officer is authorized to negotiate for written proposals, and his or her recommendation shall be presented to the City Manager and the award, if any, shall be made in accordance with applicable provisions prescribed herein. Open market or informal bid_ 3.12.-252 procedure. Purchases of supplies and equipment of an estimated value in the amount of Ten Thousand urchasollars in ($10,000.00) or less may be made by the purchasing gent the open market pursuant to the procedure prescribed in Sections 3.12.260 through 3.12.280 and without observing the procedure prescribed in Sections 3.12.130 through 3.12.240; provided, however, all bidding may be dispensed with for purchases of equipment value of less than 3.12.260 Minimum number of informal bi-A. Open market purchases shall, wherever possible, be based on at least three informal bids, and shall be awarded to the bidder offering the most advantageous bid to the City after consideration of price, quality, durability, servicing, delivery time, standardization, and other factors. 3.12.27" Notice inviting informal bids. The purchasing agent shall solicit informal bids by written requests to prospective vendors, or by telephone, or by public notice posted on a public bulletin board at the City offices. 1.12-28-Q Record of informal bids. The purchasing agent shall keep a written record of all open market purchases and informal bids for a period of two years. This record, while so kept, shall be open to public inspection. L ions to ..o,~rptit ve bid 3.~ 290 din . Except reauirement. Notwithstanding any provision of this chapter to the contrary, the competitive bidding procedures and -51- requirements may be dispensed with in any of the following instances: (a) When the estimated amount involved is less than One Thousand Dollars ($1,000.00); (b) When the commodity can be obtained from only one vendor; (c) The City Manager may authorize the purchase of materials, supplies, equipment and services where an emergency is deemed to exist and it is determined that service involving the public health, safety or welfare would be interrupted if the normal procedure were followed. All emergency purchases which would otherwise require formal bidding procedures made pursuant to this Section shall be submitted to the City Council for ratification at the next regular Council meeting after the purchase is authorized; (d) Contracts for personal services, for professional and consultant services, and for other, non- public projects and contractual services may be executed without observing the bidding procedures provided herein. The City Manager is authorized to enter into such contracts where the amount of the contract does not exceed Ten Thousand Dollars ($10,000.00); provided there exists an unencumbered appropriation in the fund account against which said expense is to be charged. Where the amount of the contract exceeds Ten Thousand Dollars ($10,000.00) the contract shall be approved by the City Council; (e) Any agreement involving acquisition of supplies, equipment or service entered into with another governmental entity. 3.12.300 Fte lations regarding selection of contract services. The City Council shall, by resolution, prescribe procedures, rules and regulations governbidstfor solicitation, selection and award of prop sa the furnishing of personal services or professional or consulting services or for other contractual services, the contracts for which may be awarded without observing the bidding procedures provided for in this chapter. Such procedures, rules and regulations shall have as one purpose the obtaining of contractual services of the highest quality together with cost-effectiveness. 3 12.310_ Surplus supplies and equipment. All using departments shall submit to the purchasing agent, at such times and in such forms as he shall prescribe, reports -52- showing all supplies and equipment which are no longer used or which have become obsolete and worn out. 2_320 Surplus ^^~ies Trade-ins. The agent shall have authority to exchange for or purchasing trade in on new supplies and equipment all supplies and equipment which cannot be used by any department or which have become unsuitable for City use. Surplus supplies a e. The 3• .33 subject to approval purchasing agent shall have authority, l or of the City Manager, to dispose of Burp us supplies equipment by auction or by sale or otherwise after receiving bids or proposals which, in his or her judgment, provide the maximum return to the City. -53- INFORMAL BTnr~TN[' PNOCEZ= Eect~ons: 3.13.010 3.13.020 3.13.030 3.13.040 3.13.050 3.13.060 Construction on public projects. List of qualified contractors. Notice inviting informal bids. Contents of notice. to award Delegation of authority informal contracts. Scope of Chapter. 3.13.01 Construction onoutloiconstruction one provisions of this chapter shall apply public projects of not more than Seventy-Five Thousand Dollars ($75,000.00). Public projects of Twenty-Five Thousand Dollars ($25,000.00) or less may be or City employees by force account, by by purchase order. Public projects of Seventy-Five Thousand Dollars ($75,000.00) or less may be let to contract by informal procedures as set forth in this chapter. )_13.020 List of qualified contractors. The City Manager, or the City anaeidentifinee, shall maintain a list of qualified contractors with the minimum categories of work. Such list shall comply criteria for development and maintenance of such list, as determined from time to time by the California Construction Cost Accounting Commission Where a 3.13,030 Notice invitinc in formal bids. public project is to be performed which is subject informo the provisions of this Chapter, a notice inviting of work shall be maled contractors for dance with to be bid, , ournals as Section 3.an to 13.020, construction trae Construction7Cost specified d by by the Cal Accounting Commission in accordance with Section 22036 0 and the Public Contract ,Code. Additional noticedrattthe discretion construction trade journals rovided however: of the department soliciting bids; p (a) If there is no list of qualified contractors maintained by the City for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the Commission. -54- a _ (b) If the product or service is proprietary in nature such that it can be obtained only from a certain notice contractor or contractors, may be sent exclusively to 3.13---U2 contents of notice. The notice inviting informal bids shall describe the project in general terms, state how to obtain more detailed information about the project, and state the time and place for the submission of bids. 3 13.O!j_Q Delegation of authority to award informal contracts. The City Council may delegate the authority to award informal contracts to the City Manager or other appropriate person, by separate action of the City Council. -55- i ' Sections: 3.16.010 3.16.020 3.16.030 3.16.040 3.16.050 3.16.060 3.16.070 3.16.080 3.16.090 Chapter 3.?66 DEMANDS AND CLAIMS Claims for money or damages. Auditing prerequisite to payment. Forms Blanks for demands. Departmental approval of claims. Approval by City Manager. Prepayment of demands. Register of demands. City Council approval. Record of approved demands. 3.1_ 6_010 Claims for money or damages. As a prerequisite to bringing suit thereon against the City or any officer, employee, department, commission or board of the City, any claim for money or damages, including claims which would otherwise be excepted by Section 905 of the Government Code of California, which is not governed by any other statute or regulation expressly relating thereto, shall be presented and acted upon in accordance with Title 1, Division 3.6, Part 3, Chapter 1 (commencing withofSecttion 900) and Chapter 2 (commencing with Section 910), California Government Code. This section shall relate only to the bringing of suit upon any claim, and shall not be deemed to apply to the authority of the Director of Finance and general services, the City Council, and other City officers to process and pay, in the ordinary course of business, the just obligations of the City, such as routine salaries and wages, principal and interest on bonds, payments for purchases, and other like expenditures for which there is an express budget appropriation, and in connection with which there is no dispute as to the obligation and amount being payable. . -012 Auditing prerequisite to payment. No payment shall be made from the City treasury or out of the funds of the City unless the demand which is to be paid is duly audited as prescribed herein or by other provisions of law. 3 16.030 Forms Blanks for demands. Claims against the City shall be paid on demands on the treasury as herein provided on forms to be prescribed by the City Manager. -56- 3.16.040 Departmental approval of claims. Except for tort claims, every claim and demand received against the City shall be first presented to and approved in writing by the receiving department or office, which shall certify to the actual delivery or rendition of the supplies, materials, property or service for which payment is claimed. The receiving department or office shall also certify that the quality and prices correspond with the original specifications and contracts, if any, upon which the claim is based, that the demand in all other respects is proper and valid, and shall indicate the budgetary account to which said demand is to be charged. 3.16.050 A$Uroval by City Manager. Each demand approved by the receiving department or office shall be presented to the City Manager, who shall determine whether: (a) The claim is legally due and owing by the city; (b) There are budgeted or otherwise appropriated funds available to pay said claim; (c) The claim conforms to a valid requisition or order; (d) The prices and computations shown on the claim are verified; (e) The claim contains the approval of other departments and officials as required. 3.16.060 Prepayment of demands. (a) Prepayment of demands prior to audit by the City Council may be made by the City Manager in conformance with the authority provided by Section 37208 of the California Government Code. (b) Whenever the City Manager determines that a refund of fees, taxes or other receipts collected in error or in advance of being earned, or of money the refund of which is otherwise required pursuant to specific provisions of this Code or of any other ordinance of this City is due, then any such refund shall be deemed as conforming to the currently approved budget, and may be prepaid in the same fashion as other demands encompassed within the terms of subsection (a) of this section. -57- e 3.16.070 Register of demands. Following audit of demands, the City Manager shall prepare a register of audited demands showing the claimant's name, amount of demand, the warrant number and date thereof, and transmit said register to the City Council, with a recommendation of approval or other report. 3.16.084 City Council approval. The register of demands shall be presented to the City Council at the next meeting thereof. The City Council may by resolution approve, conditionally or partially approve or reject such register of demands. 3.16.090 approval of the re4 Mayor and the City audited demands to properly processed Council. Record of approved demands. Following jister of demands by the City Council, the Manager shall endorse the register of signify that the demands therein were prior to any action taken by the City -58- Chapter 3.18 TRANSFER OF TAX FUNCTIONS Sections: 3.18.010 Assessment and collection of City taxes by County. 3.18.010 Assessment and collection of City taxes by County. Pursuant to, and in compliance with Section 51501 of the California Government Code, and except as otherwise provided in this Code, the assessment and tax collection duties which otherwise might be performed by a City assessor and tax collector are transferred to the Assessor and Tax Collector of the County of Riverside. -59- SPECIAL GAS TAX STREET IKRROVEMENT FUNS Sections: 3.20.010 Created. 3.20.020 Moneys included. 3.20.030 Expenditures. 3.20.010 Created. To comply with the provisions of Section 2113 of the California Streets and Highways Code, and to avail the City of the benefits of Sections 2106 and 2107 of said Code, there is hereby created in the City treasury a special fund to be known as the 'Special Gas Tax Street Improvement Fund."' 3.20._020 Moneys included. All moneys received by the City from the State of California under the provisions of the Streets and Highways Code for the acquisition of real property or interests therein, for engineering, or for the construction, maintenance and improvement of streets or highways by the City shall be paid into said fund. 3.20.030 Expenditures. All moneys in said fund shall be expended exclusively for the purposes authorized by and subject to the provisions of the California Streets and Highways Code. -60- Chapter 3.22 REAL PROPERTY DOCUMENTARY TRANSFER TAX Sections: 3.22.010 Short title Adoption. 3.22.020 Imposition Rates. 3.22.030 Payment. 3.22.040 Tax inapplicable to instruments in writing to secure debts. 3.22.050 Government and its agencies not liable. 3.22.060 Tax inapplicable to conveyances to make effective plan of reorganization or adjustment. 3.22.070 Tax inapplicable to make effective order of Securities and Exchange Commission. 3.22.080 Partnership. 3.22.090 Administration. 3.22.100 Claims for refund. 3.22.010 Short title Adoption. This chapter shall be known as the "'Temecula Real Property Transfer Tax"'. This chapter is adopted pursuant to the authority contained in Part 6.7 (commencing with Section 11901) of Division 2 of the California Revenue and Taxation Code. 3.22.020 Imposition Rates. There is imposed on each deed, instrument or writing by which any lands, tenements, or other realty sold within the City shall be granted, assigned, transferred or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by his or their direction, when the considera- tion or value of the interest or property conveyed (exclu- sive of the value of any lien or encumbrances remaining thereon at the time of sale) exceeds One Hundred Dollars ($100.00), a tax at the rate of twenty-seven and one-half cents ($.27 ) for each Five Hundred Dollars ($500.00) of consideration or value or fractional part thereof. 3.22.030 Payment. Any tax imposed pursuant to Section 3.22.020 shall be paid by any person who makes, signs or issues any document or instrument subject to the tax, or for whose use or benefit the same is made, signed or issued. 3.22.040 Tax inapplicable to instruments in writing to secure debts. Any tax imposed pursuant to this -61- chapter shall not apply to any instrument in writing given to secure a debt. 3,.22.050 Government and its agencies not 'able. The United States or any agency or instrumentality thereof, any State or territory, or political subdivision thereof, or the District of Columbia shall not be liable for any tax imposed pursuant to this chapter with respect to any deed, instrument or writing to which it is a party, but the tax may be collected by assessment from any other party liable therefor. 3.22.06Q Tax ina 11C:QLiG 4v effective plan of reorganization or adiustmen Any tax imposed pursuant to this chapter shall not apply to the making, delivering or filing of conveyances to make effective any plan of reorganization or adjustment: (a) Confirmed under the Federal Bankruptcy Act, as amended; (b) Approved in an equity receivership proceeding in a court involving a railroad corporation, as defined in Title 11 of the United States Code, as amended; or (c) Approved in an equity receivership proceeding in a court involving a corporation as defined in Title 11 of the United States Code, as amended; or (d) Whereby a mere change in identity, form or place of organization is effected. Subdivision (a) to (d), inclusive, of this section shall apply only if the making, delivery or filing of instruments of transfer or conveyances occurs within five years from the date of such confirmation, approval or change. 3,22,070 Tax inaRplicable to make effective order of Securities and Exchange Commis. Any tax imposed pursuant to this chapter shall not apply to the making or delivery of conveyances to make effective any order of the Securities and Exchange Commission, as defined in subdivision a. of Section 1083 of the internal Revenue Code of 1954; but only if: (a) The order of the Securities and Exchange Commission in obedience to which such conveyance is made recites that such conveyance is necessary or appropriate to effectuate the provisions of Section 79k of Title 15 of the -62- United States Code, relating to the Public Utility Holding Company Act of 1935; (b) Such order specifies the property which is ordered to be conveyed; (c) Such conveyance is made in obedience to such order. 3.2 2 080 PartnerkhiDS. (a) In the case of any realty held by a partnership, no levy shall be imposed pursuant to this chapter by reason of any transfer of an interest in a partnership or otherwise, if: (1) Such partnership (or another partnership) is considered a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1954; and (2) Such continuing partnership continues to hold the realty concerned. (b) If there is a termination of any partnership within the meaning of Section 708 of the Internal Revenue Code of 1954, for purposes of this chapter, such partnership shall be treated as having executed an instrument whereby there was conveyed, for fair market value (exclusive of the value of any lien of encumbrances remaining thereon), all realty held by such partnership at the time of such termination. (c) Not more than one tax shall be imposed pursuant to this chapter by reason of a termination described in subdivision (b), and any transfer pursuant thereto with respect to the realty held by such partnership at the time of the such termination. 3.22.09 Administration. The County Recorder shall administer this chapter in conformity with the provisions of Part 6.7 of Division 2 of the California Revenue and Taxation Code and the provision of any County ordinance adopted pursuant thereto. 3.22.100 Claims for refund. Claims for refund of taxes imposed pursuant to this chapter shall be governed by the provisions of Chapter 5 (commencing with Section 5096 of Part 9 of Division 1) of the California Revenue and Taxation Code. -63- Chanter 3.25 T RANSIENT OCCUPANCY TAX 3.25.010 Short title. 3.25.020 Definitions. 3.25.030 Rate. 3.25.040 Exemptions. 3.25.050 Operator's duties. 3.25.060 Registration. 3.25.070 Reporting and remitting. 3.25.080 Penalties and interest. 3.25.090 Failure to collect and report. 3.25.100 Appeal. 3.25.110 Records. 3.25.120 Refunds. 3.25.130 Actions to collect. 3.25.140 Violations designated misdemeanor. 3.25.010 Short title. This chapter shall be known as the "Temecula Uniform Transient Occupancy Tax". 3.25.020 Definitions. Except where the context otherwise requires, the definitions given in this section govern the construction of this chapter. (a) "'Person"' means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver trustee, syndicate, or any other group or combination acting as a unit. (b) 'Hotel"' means any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes, but is not limited to, any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobilehome or house trailer at a fixed location, or other similar structure or portion thereof, duplex, triplex, single-family dwelling units except any private dwelling house or other individually-owned single-family dwelling rented only infre- quently and incidental to normal occupancy or any timeshare as set out in California Revenue and Taxation Code Section 7280; provided that the burden of establishing that the facility is not a hotel shall be on the owner or operator thereof. -64- (c) "Occupancy"' means the use or possession or the right to the use or possession of any room or rooms or portion thereof, offered for rent for dwelling, lodging or sleeping purposes. (d) "Transient"' means any person who occupies or is entitled to occupy by reason of concession, permit, right of access, license or other agreement for a period of thirty consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel is a transient until the period of thirty days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether a person is a transient, an uninterrupted period of time extending both prior and subsequent to the effective date of this chapter may be considered. (e) "'Rent"' means the consideration charged, whether or not received, for the occupancy of space in a hotel valued in money, whether received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. (f) "Operator"' means the person who is proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other capacity. Where the operator performs his or her functions through a managing agent of any type or character other than an employee, the managing agent also is an operator for the purposes of this chapter and has the same duties and liabilities as his or her principal. Compliance with the provisions of this chapter by either the principal or the managing agent is, however, considered to be compliance by both. (g) "Tax administrator"' means the City Manager. 3.25.030 Bate. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of 8% of the rent charged by the operator. This tax constitutes a debt owed bythettransient to the City which is extinguished only by payment operator of the hotel at the time the rent is paid. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If, for any reason, the tax due is not paid to the operator of the -65- sff/OR01?003(OZ0J90-7) hotel, the tax administrator may require that such tax be paid directly to the tax administrator. 3.25.040 Exemptions. No tax shall be imposed upon any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty. No exemption shall be granted except upon written claim therefor made under penalty of perjury at the time the rent is paid, upon a form prescribed by the Tax Collector. Federal, State and local officers and employees are not exempt. 3.25.050 Operator's duties. Each operator shall collect the tax imposed by this chapter to the same extent and at the same time as the rent is collected from every transient. The amount of tax shall be separately stated from the amount of the rent charged, and each transient shall receive a receipt for payment from the operator. No operator of a hotel shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added, any part will be refunded except in the manner hereinafter provided. 3.25.060 Registration. Within thirty days after commencing business, each operator of any hotel renting to transients must register the hotel with the tax adminis- trator and obtain from him or her a "Transient Occupancy Registration Certificate" to be posted at all times in a conspicuous place on the premises. This Certificate shall state, among other things, the following: (a) The name of the operator; (b) The address of the hotel; (c) The date upon which the Certificate was issued; and (d) "This Transient Occupancy Registration Certificate signifies that the person named on the face hereof has fulfilled the requirements of the Uniform Transient Occupancy Tax by registering with the tax administrator for the purpose of collecting from transients the Transient Occupancy Tax and remitting said tax to the tax administrator. This Certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, nor to operate a hotel without strictly complying with all applicable laws, including but not limited to those requiring a permit from -66- ' a permitfMthis City. constitute aoffice any boardate sdoes,notdepartment This certific 2.25.070 Reporting and Remitting. Each operator shall, on or before the last day of the month following the close of each calendar quarter, make a return to the tax administrator, on forms provided by the tax administrator, of the total rents charged and received and the amount of tax collected for transient occupancies during the preceding month. At the time the return is filed, the full amount of the tax collected shall be remitted to the tax adminis- trator. The tax administrator may establish shorter reporting periods for any certificate holder if it is deemed necessary to ensure collection of the tax, and may require further information in the return. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this chapter are held in trust for the account of the City until payment thereof is made to the tax administrator. 3.25.080 Penalties and Interest. (a) Original Delinquency. Any operator who fails to remit any tax imposed by this chapter within the time required shall pay a penalty of ten percent (10%) amount of the tax in addition to the amount of the tax. (b) Continued Delinquency. Any operator who fails to remit any delinquent remittance on or before the first day of the next calendar month following the date on which the remittance first became delinquent shall pay a second delinquency penalty of ten percent (10%) of the amount of the tax in addition to the amount of the tax and the ten percent (10%) penalty first imposed. (c) Fraud. If the tax administrator determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of twenty-five percent (25%) of the amount of the tax shall be added thereto (in addition to the penalties stated in subsections (a) and (d) Interest. In addition to the penalties imposed, any operator who fails to remit any tax imposed by this chapter shall pay interest at the rate of one-half of one percent (.5%) per month or fraction thereof on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid. (e) Penalties Merged with Tax. Every penalty imposed and such interest as accrues under the provisions of -67- this section shall become a part of the tax herein required to be paid. 2.25. Failure to collect and report. If any operator fails or refuses to collect the tax areport make, within the time provided in this chapter, any remittance of the tax or any portion thereof required by this chapter, the tax administrator shall proceed in such manner as he or she deems best to obtain facts and informa- tion on which to base an estimate of the tax due. As soon as the tax administrator procures such facts and information as he or she is able to obtain upon which to base the assessment of any tax imposed by this chapter and payable by any operator who has failed or refused to collect the same and to make such report and remittance, the tax adminis- trator shall proceed to determine and assess against such operator the tax, interest and penalties provided for by this chapter. In case such determination is made, the tax administrator shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at his last known place of business. Such operator may within ten days after the serving or mailing of such notice make application in writing to the tax administrator for a hearing on the amount assessed. If application by the operator for a hearing is not made within the time deter- prescribed, the tax, interest and penalties, if any, mined by the tax administrator shall become final and li- conclusive and immediately due and payable. If such appli- cation is made, the tax administrator shall give not less than five days' written notice in the manner prescribed herein to the operator to show cause at a time and place fixed in the notice why the amount specified thereinAshould not be fixed for such tax, interest and penalties. hearing, the operator may appear and offer evidence why such specified tax, interest and penalties should not be so fixed. After such hearing the tax administrator shall determine the proper tax to be remitted and thereafter give written notice to the person in the manner prescribed herein of such determination and the amount of such tax, inter The and 'fifteenmdays unlesslandapto be peal isetakenlase payable ble after provided in Section 3.25.100. 2.z .100 ea . Any operator aggrieved by any decision of the tax administrator with respect to the of such tax, interest and penalties, if any, may with the appeal City the City Council by filing a notice of app Clerk within fifteen days of the serving or mailing of the -68- C: determination of tax due. The City Council shall fix a time and place for hearing such appeal, and the City Clerk shall give notice in writing to such operator at his last known place of business. The findings of the City Council are final and conclusive and shall be served upon the appellant in the manner prescribed above for service of notice of hearing. Any amount found to be due is immediately due and payable upon the service of notice. 2.25.11 Records. It is the duty of every operator liable for the collection and payment to the City of any tax imposed by this chapter to keep and preserve, for a period of three years, all records as may be necessary to determine the amount of such tax for which said operator may be or may have been liable. The tax administrator shall have the right to inspect all such records at all reasonable times. All tax returns and information furnished by any operator pursuant to this Chapter shall be confidential and shall not be open to public inspection nor the specific contents thereof disclosed by any officer or employee except as necessary in the performance of official duty pursuant to this Chapter, or in the course of any proceeding, hearing or litigation involving the existence or amount of the tax liability of such operator or with the written consent of the operator or his authorized representative. x.25.120 Rt nds. (a) Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the City under this chapter it may be refunded as provided in subsections (b) and (c) provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the tax administrator within three years of the date of payment. The claim shall be on forms furnished by the tax administrator. (b) An operator may claim a refund or take as credit against taxes collected and remitted the amount overpaid, paid more than once, or erroneously or illegally collected or received when it is established in a manner prescribed by the tax administrator that the person from whom the tax has been collected was not a transient; however, that provided, v amounteofhthe a taxfsodconor a llected credit allowed has either allowed -69- been refunded to the transient or credited to rent subsequently payable (c) A transient may obtain a refund of taxes overpaid or paid more than once or erroneously or illegally collected or received by the City by filing a claim in the manner provided in subsection A, but only when the tax was paid by the transient directly to the tax administrator, or when the transient, having paid the tax to the operator, establ sat ion of th that the transient haslbeentunable toeobtaintax that the the operator who collected the tax. (d) No refund shall be paid under the provisions of this section unless the claimant establishes his right thereto by written records showing entitlement thereto. 3.25.1-3--Q Actions to collect. Any tax required to be paid by any transient under the provisions of this chapter shall be deemed a debt owed by the transient to the City. Any such tax collected by an operator which has not been paid to the City shall be deemed a debt owed by the operator to the City. Any person owing money to the City under the provisions offthelCityaforrthis liable to e recovery action brought in the amount. 3.25.140 Violations designated misdemeanor. Any operator or other person who fails or refuses to register as required herein, or to furnish any return required to be made, or who fails or refuses to furnish a supplemental return or other data required by the tax administrator, or who renders a false or fraudulent return or claim, is guilty of a misdemeanor. Any person required to make, render, sign or verify any report or claim, who makes any false or fraudulent report or claim with intent to defeat or evade the determination of any amount due required by this chapter is guilty of a misdemeanor. SECTION 2. Repeal of Prior Ordinances. Ordinance Nos. 89-2, 89-3, 89-6, 89-7, 89-8, 89-9, 89-11 and 89-12 of the City of Temecula are hereby repealed. SECTION 3. Certification. The City Clerk shall certify the adoption of this ordinance and shall cause the same to be posted. -70- SECTION 4. SEyE ABILITY. The City Council hereby declares that the provisions of this ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this ordinance. PASSED, APPROVED AND ADOPTED this day of 1990. RON PARKS MAYOR ATTEST: F. D. ALESHIRE City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF TEMECULA ) I, F. D. Aleshire, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 90-_ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 1990, and that thereafter, said ordinance was duly adopted and passed at a regular meeting h offthe City Council on the day of , 1990, by vote, to wit: AYES: COUNCIL4EMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: F. D. ALESHIRE CITY CLERK APPROVED AS TO FORM: Scott F. Field City Attorney -71- 12' 28%89 RE. Riverside County P1Gt Piar 1" O'SG~; Dear !"T. Aleshire, 3m the cwner of a 22+ acre multifamily parcel located cn Rancho i-alifc)rmal Road. i purcl-.ased the CroDerty outr?aht over, three years aqo lit is nOt optioned). After two years of working with the County of Riverside, I final ly got a very attractive apartment complex fully apr.,roved on the site. Ir;~ r+ediately - I after obtaining final approval, a neighboring apartment complex ov,,ner, rIr. and -17s. Oder, filed an appeal to the County of Riverside Planning Commission on my approved complex. At that time the Oders' reason fGr appeal was the proposed orainage of surface runoff water from SG ,,e of my parcel toward their Garcel. The Riverside County Flood Control C1epartrrEent and County Planning Staff did not support the Oders' argument at ail, and recommended denial of the appeal. The Planning rornmission voted urlaI i. ;;s;y to dens the Oders' appeal. Furthmore l offered to pay for and ;nJ.-a~,1 ar, Underground -}.nrn at my oexr,ense, to i :;`t. 1 .1ils.i( s f V :J~Vi Vi ~+!I Jl i N T-! ti ,~"G -r1 ri tf1 Thr ?~1 -err fi y drainage concern e Odler_ _ :U. I,s wGU;l Y CnY w~1 e 3. ~Urlic_ j. ~ UrrrrQi~r _ ±n C: rree~, The Ouer5' refused a °^t th pi r° Jr~!n even after County Flood Contrcl recommended to them that they accept it instead the Jderc file another aDpeai with the Riverside County Board of Supervisors. The Board of Supervisors heard the case, but Supervisor Abraham asked for a continuance on the matter before making any decision. Since the granting of the continuance, the matter is now under the jurisdiction of the new City of Temecula. I am hoping that the continuance will be brought before you and the new city council sometime in early January. At the last County Board of Supervisor's hearing, Supervisor Abraham said publicly that he would have voted to deny the Oders' appeal if the matter did not now have to go to the new City of Temecula. The Riverside County Planning Commision - id not support the appeal by the Oders'. The County Planning Staff still does not support the Oders' appeal and will be recommending to the City of Temecula denial of the appeal. The C~~nty Flood Control Department does not support the Oders' appeal. County F1L)od f nntrol r,ae: agreeded to add a condition to my project that I install the storm drain svstem we offered the Oders' months ago. We have Flood C^^troI's complete support on this matter. i assi that you please contact County Planninq Staff (either Lori Dobson, Planner. or Kim Jarrell Johnson, Senior Planner), to hear from them why they do not support the Oders' appeal. In addition please contact County Flood Control (either John Kashuba, or Frank; Pearis), so that they can discuss with you why they do not support the appeal. h,-Ave shown the Oders', (and Flood Control has agreeded), that their concerns with water drainage can be completely midigated with the proposed storn-idrain system. But their appeal continues. 1 hey now are coming up with other ridiculous reasons to continue heir appeal since the drainage issue has now been solved. it is evident to everyone concerned that the Oders' just do not want a new apartment complex next to their ;artment complex. Please look!. into this matter at your convince. ! hope that you will oin Riverside County Planninq Staff, Flood Control, the Plannina Commission, and Supervisor Abraham in supporting my project. Please tali me if you have any questions (714) 244-223. Than' V T _)ny ~:va Gwner- Rancho Vie lo Apartments - ti i'e~lil! ~3 Y~ RiVa DIC c®unin' Kanninc i)c?aiinar DATE: JANUARY 3, 1990 TO: CITY OF TE ECULA; FRANK ALSHIRE, CITY MANAGER SUBJECT: PLOT PLAN NO. 10864 REQUEST: Appeal of Planning Commission's approval of 335 unit apartment complex on 22.22 acres. LOCATION: South of Rancho California Road and east of Moraga Road APPLICANT: Helen Moore Oder Planning Commission and Staff Recommend: ADOPTION of a Negative Declaration for Environmental Assessment No. 33292 based on the conclusion that the project will not have a significant effect on the environment; and DENIAL of the Appeal based on the findings and conclusions incorporated in the staff report; and APPROVAL of PLOT PLAN NO. 10864, AMD.__NO._2, based on the findings and conclusions in the staff report and subject to the conditions of approval. Ro S. Streeter, Planning Dire r KJJ:aea 1-3-90 City Managers Note: The proposed project is a previously approved plot plan to construct a 335 unit apartment complex on approximately 22.22 acres located south of Rancho California Road and east of Moraga Road. The site, which is currently vacant, is zoned R-2. Surrounding zoning is R-2, R-3-4000, R-3-3000 and R-3. Surrounding land uses include multifamily and single family residences and vacant property. The project was approved at the Planning Director hearing of August 7, 1989. The adjacent property owners, located to the south, filed an appeal based on the contention that development would significantly increase surface runoff and sufficient measures were not taken to insure that their downstream property would not be damaged. 4080 LEMON STREET, 9T" FLOOR 46-209 OASIS STREET, ROOM 304 RIVERSIDE, CALIFORNIA 92501 INDIO, CALIFORNIA 92201 (714) 787-6181 (619) 342-8277 FYISTINlr1 ZONING MERSEY 2~5~0 =w0 R-3 3000 i CHURCHILL LONG VALLEY R-3 R-3-4000 A-2~ C-1+/C-P FWY 1 OL t 1O moo m R- 00 r•• R-3 R-3-3000 R-2 1= % R~- R-3 R-A-5 md~■ R-R I- I Va i t' ' GPQ~- R-4 •R ~,q s PR 4 App. RANCHO VIEJO APARTMAE'NTS LOCAT/ONADL MAP MA ARIfA R e Use 22.22Ac.Gr.f i Area RANCHO CALIFORNIA Sup.Dist.IST D RAA'LN0 BPD e Sec. I T.8 S,R. 3+W. Assessor's 8k. 923 Pg. 59 Circulation (F FREEWAY VARIABLE i libment RANCHO CALIEOMA RD.-ARTERIAL-lid Fid. Bk. Ft.55-ADete 09/20 /99 Drawn By RG. /`ff / 's Ta NVERSIDE COUNTY Pt.AMING DEPARTMENT NO SCALE cc SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE. STATE OF CALIFORNIA FROM: Planning Department SUBMITTALDATE: October 27, 1989 SUBJECT: APPEAL OF PLOT PLAN NO. 10864 - Rancho Viego Apartments - First Supervisorial District - Rancho California Area - 22.22 Acres - REQUEST: APPEAL of Planning Commission's Approval. RECOMMENDED MOTION: The Planning Commission and Staff Recommend: ADOPTION of the Negative Declaration for Environmental Assessment No. 33292 based on the findings incorporated in the environmental assessment and the conclusion that the proposed project will not have a significant effect on the environment; and, APPROVAL of PLOT PLAN NO. 10864, in accordance with Exhibit A, Amended No. 2, based upon the findings and conclusions incorporated in the Planning Commission minutes dated October 11, 1989; and, DENIAL OF THE APPEAL based on the findings and conclusions incor- porated in the Planning Commission minutes dated October 11, 1989. LD . be 10/24/89 Roger] ~ Streeter, Planning Director Prev. Agn. ref. Depts. Comments Dist. AGENDA NO. FORM 11-A (12/82) ' + /tom ` M COUNTY OF RIVERSIDE. STATE OF CALIFORNIA 10.2 1:30 p.m. being the time set for further hearing on the adoption of the negative declaration for EA 33292 and on the appeal on the Planning Commission's denial of the application of Rancho Viego Apartments in the Rancho California area for Plot Plan No. 10864, for a 335 unit apartment complex the Chairman called the matter for hearing. The matter was presented by Joe Richards of the Planning Staff who turned the discussion over to Gerald J. Geerlings, County Counsel. Gerry Geerlings, County Counsel, stated it is now in the jurisdication of the City of Temecula. On motion of Supervisor Abraham, seconded by Supervisor Dunlap and duly carried by unanimous vote, IT WAS ORDERED that the Planning Staff is directed to refer the matter to the City Council of the City of Temecula. Roll Call resulted as follows: Ayes: Ceniceros, Dunlap, Larson and Abraham Noes: None Absent: Younglove f hereby certify that the foregoing is a full. true and correct copy of an order made and entered on December 121 1989 of Supervisors Minutes. WITNESS my hand and the seal of the Board of Supervisors By: AGENDA 10.2 (seal) Dated: Uecemoer is o Gerald A. Maloney. Clerk of the Board Supervisors. in and for the County of Riverside. Slate aoarrdw Supervisors. in and for the County of Riverside, Slate f a ifornia. Deputy xc: Planning, Applicant, Co.Co., City of Temecula FORM 11 D (6 83) (AGENDA ITEM 5-6 - Tape 3A, 3B) APPEAL OF PLOT PLAN 10864 - EA 33292 - Helen Moore Oder - Rancho California Area - First Supervisorial District - 22.22± acres, south of Rancho California Rd, southeast of Moraga Rd - PROJECT: 335 unit Apartment Complex - REASON FOR APPEAL: Appeal of project approval by adjacent property owners Hearing was opened at 3:23 p.m. and was closed at 3:50 p.m. STAFF RECOMMENDATION: Adoption of a Negative Declaration for EA 33292, approval of Plot Plan No. 10864, Amended No. 2, and denial of appeal of approval of Plot Plan No. 10864 based on the findings and conclusions listed in the staff report. Staff advised that the proposed project is a previously approved plot plan to construct a 335 unit apartment complex on approximately 22.22 acres located south of Rancho California Road and east of Moraga Road. The site, which is currently vacant, is zoned R-2. Surrounding zoning is R-2, R-3-4000, R-3-3000 and R-3. Surrounding land uses include multifamily and single family residences and vacant property. The project was approved at the Planning Director hearing of August 7, 1989. The adjacent property owners, located to the south, filed an appeal based on the contention that development would significantly increase surface runoff and sufficient measures were not taken to insure that their downstream property would not be damaged. The appellant indicated that she would not be available to attend the public hearing until November, but staff scheduled this item for hearing on the first available date in order to move it along in an expeditious manner. TESTIMONY OF APPELLANT: Robert Oder (29923 Mira Loma Drive, Temecula) said that he was the son of the appellant. He said that his parents are overseas and cannot attend this hearing, but would make themselves available as soon as they come back. Therefore, he asked that this item be continued. When asked, Mr. Oder said that he believed that his parents will be returning on October 19th. Staff advised that possible continuance dates were suggested. In answer to Commissioner Purviance, Mr. Oder said that his mother has an attorney but he was also unable to attend this meeting. Mr. Oder said that his mother suggested that November 15th would be an appropriate date. TESTIMONY OF PROJECT PROPONENT: Grant Becklund (647 N. Main Street, Riverside), representing the project applicant, indicated on a mylar exhibit of the subject site that the upper portion showed the existing drainage conditions. He noted that the site has a ridge that runs through the property in an east/west direction. The lower portion (in blue) drains to the south onto the Oder's property and the yellow portion drains out towards Rancho California Road. The bottom exhibit showed the drainage pattern which will occur after the project is built out. The conditions from the Flood Control District require that they do not change the drainage areas, but maintain the drainage patterns as they exist. They are also required to place the water onto the offsite property in the same manner as the drainage presently occurs. Mr. Becklund said that he met with Robert Oder and offered a $12-13,000 offsite storm drain which would deliver the water underground further south and on to Empire Creek. This storm drain would be built at his client's cost and would alleviate any concerns that the Oders had concerning water going onto their property. The only thing the Oders had to do was to provide an easement so the storm drain could be constructed. Mr. Becklund said that that proposal was evidently not satisfactory. He said that he knows the Oders are asking for a continuance, but he was requested that a decision be made today. They have done what the rules require them to do. The Flood Control District has conditioned them so that they cannot drain all the water onsite to to Rancho California Road. He did not believe a continuance would gain anyone anything. Commissioner Purviance said that he did not believe the water in the blue area could be diverted. Mr. Becklund concurred, but said that that was the opinion expressed at the Director Hearing. Mrs. Oder wanted them to take all onsite water and drain it towards the north. He felt that they went an extra step in offering to build the underground storm drain, but they are not getting anywhere. He did not want another month's continuance. In answer to Commissioner Turner, Mr. Becklund said that the Flood Control has conditioned them to be within one acre of a match in drainage. John Kashuba, Flood Control District, said that they do not want to see the blue area changed. Commissioner Turner asked about the proposed underground diversion to Empire Creek. Mr. Kashuba said that the Flood Control District would be satisfied with something less, but the underground drain could be done, if the applicant could acquire the easement. REBUTTAL: Mr. Oder said that he was not fully prepared to present this case, but what he heard scared him. He lived on one of the properties immediately south of this tract when the 100 year flood occurred ten years ago, and he personally witnessed what happened. If they take a nondeveloped piece of land and pave it, then water that used to soak into the ground will be put into pipes and sent on in concentrated fashion to those areas which are presently ice plant landscaping. The place where the water ends up eventually is Empire Creek, which is the southwest boundary of the parcel to the south. He said that this is an extremely sensitive area. During the 100 year flood the water got so high, the buildings nearly washed away and people had to be moved out. Now, they are talking about sending more water onto those apartments. He said that there are several other problems with the design and documentation, and those problems are substantial, but he was not prepared or qualified to present them. He said that water runoff was not one of those problems, but that some of those problems were significant. If his parents are not able to attend soon, then he will prepare and present the case to the Commission. Their downstream property has been substantially damaged by a project that was approved. Commissioner Purviance said that he read the letter from the law firm and noted that there was quite a bit of staff, with partners and associates. It seemed to him that there could have been someone from that firm who could have attended today. Mr. Oder said that he wished that they had. He has been told of some of the issues; however, without documentation, he could not bring them up. He was very concerned that Mr. Kashuba said that he would approve the concentration of storm runoff. He suggested that there might be some facts that Mr. Kashuba was not aware of. Mr. Oder said that they have owned and operated the two properties for 15 years and have seen what happens in that area. Mr. Oder went to the exhibit to state that where the site plan shows "storm drains to existing channel," and said that there is no existing channel. However, if a storm drain is put there, then there will be a channel. He indicated where the proposed underground storm drain would go. He said that they have had problems with Empire Creek, where the proposed drain is to empty, and expressed concern about anymore water being dumped into that Creek. He felt that this needed further study. He also discussed the storm drain with Mr. Kashuba. Mr. Oder said that the storm drain and easement was originally his idea, and he presented that idea to Mr. Becklund. Mr. Kashuba said that he heard general agreement that the drainage problem could be taken care of with the pipe. It was Mr. Oder's suggestion to put the pipe in, and it seemed like a good suggestion. He heard that there were other matters, but they did not sound like ones that he could speak to. Commissioner Smith asked about the discharge where the drain would terminate. Mr. Kashuba said, if designed properly, the discharge could be handled by the drain. He said that the Creek itself has problems, but not necessarily as a result of water from this property. Mr. Oder said that the runoff would be increased from the developed property. Commissioner Beadling said from the way the drainage is shown, that in a 100 year flood, the water would not flow straight down and hit the Creek in a "V" shape. Mr. Oder said that the stream changes course. Mr. Kashuba said that he was not aware which storm frequency hit this area ten years ago. Mr. Oder said that it was classified as a 100 year flood. Mr. Kashuba said that there were several points where damage was done, and at one point the walkway of the existing apartments were eroded underneath. There were also some construction going on, and both water and mud caused considerable damage. Commissioner Turner asked if this item could be appealed further. Ms. Lind advised that it could be appealed to the Board. Commissioner Turner said that he could understand the appellant's concern. On the other hand, in giving people the right to make an appeal, they also have the responsibility to be available to represent the case; in not in person, then by counsel. He did not believe a delay was fair to the applicant. Mr. Oder said that the topic was brought up with the Planning Department and they had several discussions regarding scheduling. He said that he had a letter (a memorandum of understanding) dated September 25, 1989 which was the result of a telephone call between Ms. Dobson, Planning staff, and one of their people. The letter is from Jean Van Ness (Legal Assistant to E. Ludlow Keeney, Jr., of Mitchell, Keeney, Barry & Pike) in reference to the telephone call, where they were led to believe that the appellants would not have to be at the hearing, or they would have been. He said that they understand and respect the responsibility they have to present the case that they started. However, they were given information indicating that this course of action was acceptable. Mr. Streeter asked Ms. Dobson to make her position clear. Mr. Dobson said that when she spoke to the attorney's assistant on the phone, she was asked if the appellant needed to be there. Ms. Dobson advised that she said that staff was going to make a recommendation, and whether or not the item is acted upon or continued was entirely up to the Planning Commission. Ms. Dobson said that she could not commit to the attorney's assistant. Mr. Oder said that he was not a party of the telephone call, so he could not argue the position. Commissioner Purviance said that Mr. Oder does not have any evidence in hand as to how Ms. Dobson responded, except the lawyer's office's interpretation of the conversation. The letter may be the understanding of one party, but may not be the understanding of the other party. Mr. Oder said that he understood. Ms. Lind asked, for the record, if Ms. Dobson ever indicated to Jean P. Van Ness that a decision could not be made without the appellant's presence at the hearing. Ms. Dobson advised that she did not. Commissioner Turner said that Mr. Oder did an admirable job with the small amount of information that he had, and that the appellant has a further right to appeal, which would not hold up the applicant. Mr. Oder said that there were other substantial issues besides the one of storm water runoff. Commissioner Purviance said that they have not discussed nor have received any evidence of those issues. Commissioner Beadling said that she personally believed that there was a water problem, but that she also believed that it is up to the person who is appealing to have someone present when the case comes up. Mr. Oder said that he was not a party to the telephone call, but he did not believe that Ms. Van Ness "dreamed it up." Mr. Streeter said that no one on his staff is going to tell someone that a decision will not be made when an item is scheduled for hearing. He felt that the real issue is one of flooding, and Mr. Kashuba has said that he is comfortable with the conditions the way they appear on this plot plan. Also, that there are some solutions to the problem, which he believed was the key. They do not need any more information, as they have relied on the Flood Control engineers in the past and he sees not reason to change that now. Mr. Oder responded to that statement by saying that, yes, the Flood Control District is the authority here, but he felt that the history from the 100 year flood proves that Flood Control makes substantial mistakes. He said that they will not see that happen again. The hearing was closed at 3:50 p.m. FINDINGS AND CONCLUSIONS: Plot Plan 10864 is an approved request to construct a 335 unit apartment complex on 22.22 acres; the site is located south of Rancho California Road and east of Moraga Road in the Rancho California area; Plot Plan 10864 was continued from the July 10th to the August 7th Planning Director's Hearing due to flooding concerns raised by an adjacent property owner; the August 7th decision was deferred and the subsequent determination made that flood mitigations required were adequate; Plot Plan 10864 was approved on August 8, 1989 by the Planning Director; the site is vacant, surrounding by vacant land and apartment complexes; the site is zoned R-2; surrounding zoning is R-2, R-3, R-3-3000, R-3-4000 and C-1/C-P; environmental concerns include slopes, grading, noise, biological and archaeological resources; the General Plan calls for Category I and II uses in this area; the proposed project meets the criteria for Category I residential development; the Southwest Area Community Plan shows a tentatively approved designation of 8-16 DU/acre; the appellant's stated basis for appeal is the contention their downstream property would be severely damaged by runoff from PP 10864 during the "100 year flood"; and, the appellant objects tot he property development because of runoff concerns and because of the density of the project. Plot Plan No. 10864 is consistent with Ordinance 348, Category I residential criteria, the General Plan, and with the tentatively approved Southwest Area Community Plan; Plot Plan 10864 is compatible with area development; environmental concerns can be mitigated to a level of insignificance; the Planning Department defers to the Riverside County Flood Control and Conservation District in matters of flood control; and, Riverside County Flood Control and Conservation District determined there were adequate provisions made for offsite drainage, therefore, staff cannot support the appellant's appeal request. MOTION: Upon motion by Commissioner Turner, seconded by Commissioner Beadling, and unanimously carried, the Commission adopted the Negative Declaration for EA 33292, approved Plot Plan 10864, Amended 2, subject to the conditions of approval, but denied the appeal of Plot Plan 10864, Amended No. 2, based on the above findings and conclusions. Zoning Area: Rancho California APPEAL OF PLOT PLAN NO. 10864 First Supervisorial District Planning Commission: 10-11-89 E.A. Number 33292 Agenda Item No. 5-6 Regional Team No. 1 RIVERSIDE COUNTY PLANNING DEPARTMENT STAFF REPORT 1. Applicant: 2. Type of Request: 3. Location: 4. Existing Zoning: 5. Surrounding Zoning: 6. Site Characteristics: 7. Area Characteristics: 8. Comprehensive General Plan Designation: 9. Land Division Data: 10. Agency Recommendations: 11. Letters: 12. Sphere of Influence: ANALYSIS: Protect Description: Helen Moore Oder Appeal of Planning Director's approval. South of Rancho California Road East of Moraga Road R-2 R-2, R-3-4000, R-3-3000, R-3 Vacant, moderate to severe slopes. Vacant, multi-family and single family residences. Land Use: Category I Density: 8-20 du/ac Open Space/Cons: Areas not Designated Total Acreage: 22.22 Total Lots: 1 DU Per Acre: 15 See letters dated: Road: 4-14-89 Health: 4-03-89 Flood: 4-19-89 Fire: 4-04-89 Bldg. & Safety - Land Use: 4-20-89 Grading: 12-01-89 Health-Special Services: Co. Geologist: 6-05-89 Opposing/Supporting: None Not within a City Sphere 7-07-89 received Plot Plan No. 10864 was submitted as a request to construct a 335 unit apartment complex on 22.22 acres. The site is located south of Rancho California Road and east of Moraga Road in the Rancho California area. APPEAL OF PLOT PLAN 10864 Staff Report Page 2 Project Background Plot Plan No. 10864 was first heard at the Planning Director's hearing on July 10, 1989 where it was continued to allow time for investigation of flooding concerns raised by adjacent property owners. At the August 7, 1989 Planning Director's hearing the adjacent property owner's, the Oders, indicated they were still not satisfied their downstream property would not be damaged by run-off. The Hearing Officer deferred decision for one week to confer with the Flood Control District. On August 8, 1989 (see letter attached) the determination was made that the existing conditions of approval were sufficient to mitigate the concerns raised on July 10 and August 7, and the project was approved. Land Use/Zoning: The site is currently vacant. Surrounding land uses include apartments to the north and south, commercial and vacant land to the west, and a horse ranch to the east. The site is zoned R-2. Surrounding zoning includes R-2, R-3, R-3-3000, R-3-4000, and C-1/C-P. Project Consistency: The project site is with the Rancho California subarea of the Southwest Territory Land Use Planning Area. Policies for future land uses indicate uses should generally be Category I and II. Plot Plan No. 10864 meets the criteria for Category I residential land uses, and the applicable requirements of Ordinance No. 348. The site has a tentatively approved designation of 8-16 du/ac on the Southwest Area Community Plan. Environmental Analysis: The initial study for Environmental Assessment No. 33292 indicated the following concerns; slopes, noise,biological and archaeological resources, and grading. Studies were prepared to address all the issues and mitigation measures were incorporated in the conditions of approval when applicable. Basis for Appeal: The appellant's primary basis for appeal (see attached statement dated 8-22-89) is in regards to the potential damage to their downstream property (adjacent to the south) due to inadequate provisions on Plot Plan No. 10864 for runoff control during the "100 Year Flood". The appellant contends they are not legally required to accept runoff from upstream properties. The Riverside County Flood Control and Conservation District's letter dated 11-30-88, Item #2, does require a drainage easement to be obtained from affected property owner's for the release of concentrated or diverted storm flows prior to the APPEAL OF PLOT PLAN 10864 Staff Report Page 3 issuance of permits. Therefore, the appellant would have the opportunity to review improvement and grading plans and refuse to grant an easement if they were not satisfactory. The applicant's engineer (Grant Becklund) indicated to staff they had offered to construct a drain on the appellants property in order to insure prevention of flood damage. The appellant apparently did not feel this was sufficient protection and subsequently filed an appeal of the Planning Director's approval of Plot Plan 10864. The Basis for Appeal states that the appellant is "vehemently" opposed to the proposed project due to both runoff concerns and the project's lack of open space. At the time the application for appeal was submitted on August 23, 1989 the appellant indicated she would be out of town until November and requested a hearing date during that month. Staff subsequently informed that appellant that Ordinance 348 required the Planning Department to schedule appeals within 30 days. On September 18, the appellant's attorney submitted a letter again requesting a hearing date in November. For the reason stated above staff could not accommodate the request. It is staff's position that it is in the best interest of all parties concerned to expedite this matter as soon as possible. FINDINGS: 1. Plot Plan 10864 is an approved request to construct a 335 unit apartment complex on 22.22 acres. 2. The site is located south of Rancho California Road and east of Moraga Road in the Rancho California Area. 3. Plot Plan 10864 was continued from the July 10th to the August 7th Planning Director's hearing due to flooding concerns raised by an adjacent property owner. 4. The August 7th decision was deferred and the subsequent determination made that flood mitigations required were adequate. 5. Plot Plan 10864 was approved on August 8th, 1989 by the Planning Director. 6. The site is vacant surrounded by vacant land and apartment complexes. 7. The site is zoned R-2. Surrounding zoning is R-2, R-3, R-3-3000, R-3-4000, and C-1/C-P. 8. Environmental concerns include slopes, grading noise, biological and archaeological resources. 9. The General Plan calls for Category I and II uses in this area. The proposed project meets the criteria for Category I residential development. APPEAL OF PLOT PLAN 10864 Staff Report Page 4 10. The Southwest Area Community Plan shows a tentatively approved designation of 8-16 Du/Acre. 11. The appellant's stated basis for appeal is the contention their downstream property would be severely damaged by runoff from PP 10864 during the "100 Year Flood." 12. The appellant objects to the proposed development because of runoff concerns, and because of the density of the project. CONCLUSIONS: 1. Plot Plan No. 10864 is consistent with Ordinance 348, Category I residential criteria, the General Plan, and with the tentatively approved Southwest Area Community Plan. 2. Plot Plan 10864 is compatible with area development. 3. Environmental concerns can be mitigated to a level of insignificance. 4. The Planning Department defers to the Riverside County Flood Control and Conservation District in matters of flood control. Riverside County Flood Control and Conservation District determined there were adequate provisions made for off-site drainage, therefore staff cannot support the appellant's appeal request. RECOMMENDATIONS: ADOPTION of a Negative Declaration for Environmental Assessment No. 33292 based on the finding the project will not have a significant effect on the environment; and, APPROVAL of PLOT PLAN NO. 10864, AMENDED NO. 2, based on the findings and concT usions in the staff report and subject to the conditions of approval; but, DENIAL of the appeal based on the findings and conclusions in the staff report. LD:bc;sc 9/25/89 RIVERSIDE COUNTY PLANNING DEPARTMENT CONDITIONS OF APPROVAL Rancho Viejo Apartments PLOT PLAN NO. 10864, Amenoed Nc. 2 Post Office Box 5718 Project Description: To construr?_ Canyon Lake, CA 92380 a 335 unit apartment comple... Assessor's Parcel No.: Area: Rancho California 1 The use hereby permitted by this p I cat plan ~ s tc.r a 3.' :ar t apartment corr:plex. Tina per!r,i ttee sha 1 I defend , i ndemn i f y , and ho l d harm 1 ee.s t.r,e Cour:ty of Riverside, its agents. officers, anc em, cyees frorr. anv clams, action, or proceeding again..=t the County o* Riverside or its agents, officers, or emirlcyees tc attach, se?. aside, void, ur annul, an approval of the County of R:versrde, -its advisory agencies. appeal boards, or ieg,slative hcCy concerning Plot Plan 10864, Amended No. 2 Exhibit A. Tile County of Riverside will prompt 1-, notify the permittee of any such c'aim, action, or proceeding against the County of R verside and will cooperate fully in the defense. If t. h:= County rails to promptly notify the permittee of any such claim, act-,or or proceeding or fails to cooperate fully in the defense, the permittee shall not, thereafter, be responsible t c. def end, i ndemr. i f y , or hold harm l ess the County of Riverside. 3. This approval shall be used within two (2) years of approval date; otherwise it shall become null and void and of no effect whatsoever. By use is meant the beginning of substantial construction contemplated by this approval within the two (2) year period which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 4. The development of the premises shall conform substantially with that as shown on plot plan marked Exhibit A, Amended No. 2, or as amended by these conditions. 5. In the event the use hereby permitted ceases operation for a period of one (1) year or more, this approval shall become null and void. Con~7„ Ic!-I s of 4. oval ~aCe t, cf-I,fJ ~ The _-a!' f ? , reccmmenr;at. R..:; L tran~liil tt. d C; b^rcr and 5rke :ie. I~ c.~.ri a fr1C.,~ t ~.ti G'• 1 `v~ 1 eta'i h :Ia .fir ct rte, 'rd:~n r it r, ,r. R,.FI . trar,srr ttai Ca ed i{ rr'c-~,j ~ i f2 H=' t 1 : ~ y ~OVrl cr.~-~ ref rh,;ll - a'.' cr~J. n E7 - T a is a J,•Irt r: 1". C - - i7i^, r. '.j i • " 1 - r :e 1. " C~i • - _ 1. i) C i. T Sri' - F.~ r C: re( It_I t it r 1 gar s iQc C±i~' gib' Geoiooi - tr,in' T r -a' Lei: a if wh r.; i= att~n r..I .a. The app' icafit, sr:.a11 :om;,ly witi-. t:'-Ie recommendatIc set t in V-ie Depar;,rjerlt of Health transmiteal dated Hei - . ' 19 July 7, 1989, a cor.. of which is attached. Corrected Di rector ' s Hear i ng 10- E;g 15. The apo l 1 cant sha 1 1 comp 1 y wi th the E i s i nore Ur1 i c'n H i ah Schoo 1 recommendations dated November 1a, 1988. 15. A11 landscaped areas shall be planted in accordance w-,tn approved landscape, irrigation and shading plans prior- to -he issuance of occupancy permits. An automatic sprinkler system shati be installed and all landscaped areas snal1 hEe maintained in a viable growth ccrd'tion. Piantinj wit"ill ten (10) feet or an entry or exit dri~-eNv shall not be oerr.-:tte-1 to grow h 1 ghee than thirty (30) -I nc'hes . 1. - - i.~" Y1: 1t/1:, , 1u .~I~~ :E'er c'.' 1, ~'ii _ •~:Y' _ _ - ~ - ' 7 - l tl 1 G - S' 1-4 eV: -1 1 , i+ l CrI 's IcS i a ; C- Ct b- GGSted ; . 1 ac.e at ea, el_Lr -r)t e t':, the off ar'. _ z rC leS~ 1 7 l Il: rre b} c2.= ~ 1ear y at-J k:,-' the follc.wine' l:?r+authcri7eid /ehicies not C is;:lav inc (1, i placards or 1 icense pIaLes issued for r)f-' handicanped prrscns ' a.v be tcmed a•v.a•. a': own;&, s rE To+,red vet- i :.1:-s m%iv be rec 1 a i med at. t o l e ID v i n o _-w-~- c' t hE ab:: it -e sna i' ha r= su ri 3c s. ` S i iJ e U a E• IN- i . G . PL07 PLAN No. 10364 Conditions of Approval Page 4 2' Prior to the issuance of bu lding permits, the applicant :hall obtain clearance and/or permits from the following ag~-ncie_-: Road Department Riverside County Flood Control Environmental Health Fire Department Written, evidence of compliance shall be presented to the Land Use Division of the Department of Building and Safety. 22. Building elevations shall be in substantially, conformance wail-J, that shown on Exhibit M-2. materials used in tl e construct.ori of al l bui ld ira ~ha. E `.E n substantial conformance with that shown or) E n i b i t M-2 11--olor Elevations) and E<nibit M-1 (Materia' Boar~j Thr=S are as fol OWE: Material Cc 1_Gr Rco1- Ti 1r Clay Re^ Wa;ls iAccent) Paint X-50 Crystal Window Glass Clear walls Stucco White 24. Roof-mounted equipment shall be shieldea from ground v.ew. Screening material shall be subject to Planning Department approval. 25. Nine (9) trash enclosures which are adequate to enclose a total of two bins each shall be centrally located within the project, and shall be constructed prior to the issuance of occupancy permits. Each enclosure shall be six feet in height and shall be made with masonry block and a gate which screens the bins from external view. 26. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of Riverside County Ordinance No. 655 and the Riverside COunty Comprehensive General Plan. 27. Four (d) Class II bicycle racks shall be provided in convenient. locations to facilitate bicycle access to the project area. f - F = , r ; c r d 's"~. - . t ~ ~ J ; r; . ~ d is ' _ ~ ~ ~ . _ , . • 1 I t_ l 9 t P' ~ f T. i = i _ i ± ' rl r !r I IT; r r.? i 71 Ai i of trlr TCr@~a0 rc rs it Cit ' z' L'~ -E•1,(; .c.. '.i r ` t tO C. L4' ;:,a C i c, r arl, Uwe ~UnEd t V !;l~ G)tI ."rl J i I Cj g PP 10864 APPE.AL LAND I1(,;F MERSEY T. SCHOOL STS VAC VAC L CHURCHILL CT. S VA LOkG VALL , G~ C E y o 1. VAC > c VAC CD L VAC p►o • APTS sig.r v CNp Gp,IIFORNIA RANCH RAN ••~;,3~,~'' t..... U ~ C • ::;::•:;}:;'riff;{:•;ti•?{:• ` ` : •:::4~ ,;.•.•1 f,~.f.• L • VAC VAC ti ::tip ~ ~ •ti~ • ••1 C • ~ ~•.~:•i ;•;i:.; ~ ~~::;.:h;: 9.43 VAC APTS APTS r RES .APTS VAC RES BES -1 ES 1"= t~ GPQQ` . SCHOOL aAf TS App. RANCHO V11Ed0 APARTNNENTS LOCArIONADL MAP AM 4080 A Use 22.2'2 Ac. Gr. t < Area RANCHO CALIFORNIA Sw-Dist. IST LIfOgNI" p 0 ANlNo leo Sec. I T.8 S,A.3 W. Assessor's Bk. 923 Pg. 59 Circdation 0 FREEWAY VARIABLE Eiscnent RANCHO CALIFORNIA R0.-ARTERIAL-1 z~ Rd Bic. Pg.56-Abate 09/20 /89 Drawn By RG. 's Po RIVERSIDE WUNTY PLANNING DEPARTMENT No SCALE 1 ~e , Ir ~ ~ `1 1 CIA i : •tE * i n ` k-y • 1\ S11 , ~Ttai t ^ M - l it i; CHI R .4 rl r1l t (t ii Z' is to }}3 }:}iin ! t 1}Ilo~i• • iii } 1 !J i( ; PLOT PLAN ioew s STANLEY E. STEELS ►u~+os _ w~nown RANCHO VIEJO APTS. 1=• • = O.M.. OOM..IITMII Ili ql 1)N z'.~.au•,~u s °~FTE1C DRA,1-v4CE 4REAS .?P 10864 - Amend #2 Agri i 14, 1989 Page 3 per square yard. Asphalt emulsion shall conform to Sections 37, 39 and 94 of the State Standard Specifications. 15. Projects creating cut or fill slopes adjacent to the streets shall provide erosion control, sight distance control and slope easements as approved by the Road Department. 16. All entrance driveways shall be channelized with concrete curb and gutter to prevent back on parking and interior drives from entering/exiting driveways for a minimum distance of 50 feet measured from face of curb. 17. The landowner/developer shall provide/acquire sufficient public offsite rights of way to provide for full width right of way on "A" Street. Said right of way shall be improved to the nearest paved maintained road in accordance with Riverside County Standard No. 103, Section A. (441/661) at a grade and alignment approved by the Road Commissioner. Curb and gutter on project site only; asphalt concrete dike may be required for drainage control. 18. Street lights shall be installed in accordance with ordinance 460 and 461 at all intersections of roads constructed or improved within the development. The County Service Area (CSA) Administrator determines whether the development is within an existing assessment district. If not, the land owner shall file an application with LAFCO for annexation into or creation of a County Service Area in pursuant to Governmental Code Section 56000 et. seq. 19. All private and public entrances and/or intersections opposite this project shall be coordinated with this project and shown on the street improvement plans. Street design and improvement concept shall be coordinated with PP 9195 and PP 8328. 20. A striping plan is required for Moraga Road and Rancho California Road. The removal of the existing striping shall be the responsibility of applicant. Traffic signing and striping shall be done by County forces with all incurred costs borne by the applicant. WrVee truly yours, Lee ohnson Principal Eng. Technician LJ:3w KENNETH L. EDWARDS CHIEF ENOINILER RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 1995 MARKET STREET P. O. BOX 1023 TELEPHONE (714) 707.2013 Riverside County RIVERSIDE. CALIFORNIA 92502 Planning Department C(OPY County Administrative Center Riverside, California Attention: Regional Team No. ( Re: _PP IO NIA- ~ Gantt Ao a-,ded /do. Z Area: RLAKAO Ca We have reviewed this case and have the following comments: Except for nuisance nature local runoff which may traverse portions of the property the project is considered free from ordinary storm flood hazard. However, a storm of unusual magnitude could cause some damage. New construc- tion should comply with all applicable ordinances. The topography of the area consists of well defined ridges and natural water- courses which traverse the property. There is adequate area outside of the natural watercourses for building sites. The natural watercourses should be kept free of buildings and obstructions in order to maintain the natural drainage patterns of the area and to prevent flood damage to new buildings. A note should be placed on an environmental constraint sheet stating, "All new buildings shall be floodproofed by elevating the finished floors a minimum of 18 inches above adjacent ground surface. Erosion protection shall be provided for mobile home supports." This project is in the Area drainage plan fees shall be paid in accordance with the applicable rules and regulations. The proposed zoning is consistent with existing flood hazards. Some flood control facilities or floodproofing may be required to fully develop to the implied density. The District's report dated Nov 3 O,, 58 is still current for this project. The District does not object to the proposed minor change. The attached comments apply. cc:'PotIrote r_ t)4tR146r '~"q• Very truly yours, KENNETH L. EDWARDS ief Engineer /I I K (a yoenior H. KASHUBA Civil Engineer v- 14 l4 Y DATE: vG KENNETH L. EDWARDS CHIEF ENGINEER RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RIVERSIDE. CALIFORNIA 92502 November 30, 1988 Riverside County Planning Department County Administrative Center Riverside, California Attention: Regional Team No. 1 Alex Gann Ladies and Gentlemen: Re: Plot Plan 10864 1995 MARKET fTREET P. 0. box 1033 TELEPHONE (714) 787-2015 This is a proposal to construct an apartment complex in the Rancho California area. The 22.22 acre site is located on the southeast corner of Rancho California Road and Moraga Road. This site lies on a ridge with little or no tributary offsite runoff. The developer proposes to drain the site with interior streets and storm drains. The site plan shows a diversion to the north of about 4 acres which should drain to the south. The Board of Supervisors has adopted the Murrieta Creek/Temecula Valley Area Drainage Plan for the purpose of collecting drainage fees. Those fees are used to construct needed flood control facilities within the particular area. The Area Drainage Plan fees apply to new land divisions and are normally not required of other types of new development. Virtually all new development causes increased storm runoff. These increases are particularly troublesome in those watersheds where an Area Drainage Plan has been adopted. In order to miti- gate the downstream impacts brought about by increased runoff, the District recommends that Conditional Use Cases, Plot Plans and Public Use Cases be required to pay a flood mitigation charge. Mitigation charges, where appropriate, will be similar to the current Area Drainage Plan fee rate. Following are the District's recommendations: 1. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The new development in this case includes a total of 20.88 acres. At the current fee rate of $932 per acre, the mitigation charge equals $19,460. The charge is payable to the Flood Control District prior to issuance of permits. If Area Drainage Plan fees or mitigation charges have al- ready been paid on this property in conjunction with an earlier land division or land use case, the developer should contact the District to ascertain what charges are actually due. TO: RIVERSIDE COUNTY PLANNING DEPT. DATE: April 3.1989 ATTN: ppvid WahAgren FROM: SAM MAR W"95ONMENTAL HEALTH SPECIALIST IV RE: PLOT PLAN 10864, Amended No. 2 Environmental Health Services has reviewed Amended No.2 dated March 30, 1989. Our current comments will remain as stated in our memo dated November 18, 1988. SM:tac REGUVEEU~ APR i ' °y RIVERSIDE CG•~NT~ _ GEN. FORM 4. (Rev. 8/87) County of Riversiae TO: RIVERSIDE COUNTY PLANNING DEPT. DATE: A : Alex Gann FROM: Steve Hinde Sr. Sanitarian Environmental Health Svcs Div RE: Plot Plan 10864 The Environmental Health Services has reviewed Plot Plan 10864 and has no objections. Sanitary sewer and water services are available in this area. Prior to any building plan submittals, the following items will be required: 1. "Will-serve" letters from the water and sewering agencies. 2. Three complete sets of plans for the swimming pool/spa will be submitted, in order to ensure compliance with the California Administrative Code, California Health and Safety Code and the Uniform Building Code. SH:tac GEN. FORM 4, (Rev. 8187) _ _ - v v v v v v v MW MW 00GC00000000000000000JJJJJ•04 :000C064000000030e3330003DIO• 000GCV000000000030Q 000DJJD••4 _O<G•004000000000006JJJJJJ100 C~•C?~G000000000000JOJ JJJ:JJJ.~••1 11-18-88 KENNETH L. EDWARDS CHIEF ENGINEER RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Riverside County RIVERSIDE. CALIFORNIA 92502 planning Department County Administrative Center Riverside, California Attention: Regional Team No. Re: Area: RQV C-1o colt porh:6-- logo MARKET STREET P. 0. sox 1023 TELEPHONE (714) 707.2013 C(OPY PP 10 Am,eh4ed No. Z We have reviewed this case and have the following comments: Except for nuisance nature local runoff which may traverse portions of the property the project is considered free from ordinary storm flood hazard. However, a storm of unusual magnitude could cause some damage. New construc- tion should comply with all applicable ordinances. The topography of the area consists of well defined ridges and natural water- courses which traverse the property. There is adequate area outside of the natural watercourses for building sites. The natural watercourses should be kept free of buildings and obstructions in order to maintain the natural drainage patterns of the area and to prevent flood damage to new buildings. A note should be placed on an environmental constraint sheet stating, "All new buildings shall be floodproofed by elevating the finished floors a minimum of 18 inches above adjacent ground surface. Erosion protection shall be provided for mobile home supports." This project is in the Area drainage plan fees shall be paid in accordance with the applicable rules and regulations. The proposed zoning is consistent with existing flood hazards. Some flood control facilities or floodproofing may be required to fully develop to the implied density. ✓ The District's report dated /Uoy 3 019 8$ is still current for this project. The District does not object to the proposed minor change. The attached comments apply. Very truly yours, KENNETH L. EDWARDS ineer Pol EngRIJ H. KASHUBA Civil Engineer cc:' Onter-_ /JoLrAe ar - DATE: I~ L5 Y9 I I- KENNETH L. EDWARDS CHIEF ENGINEER RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RIVERSIDE, CALIFORNIA 92502 November 30, 1988 Riverside County Planning Department County Administrative Center Riverside, California Attention: Regional Team No. 1 Alex Gann Ladies and Gentlemen: Re: Plot Plan 10864 1995 MARKET STREET P. 0. MOX 103 TELEPHONE 1714) 7f 7.201 S This is a proposal to construct an apartment complex in the Rancho California area. The 22.22 acre site is located on the southeast corner of Rancho California Road and Moraga Road. This site lies on a ridge with little or no tributary offsite runoff. The developer proposes to drain the site with interior streets and storm drains. The site plan shows a diversion to the north of about 4 acres which should drain to the south. The Board of Supervisors has adopted the Murrieta Creek/Temecula Valley Area Drainage Plan for the purpose of collecting drainage fees. Those fees are used to construct needed flood control facilities within the particular area. The Area Drainage Plan fees apply to new land divisions and are normally not required of other types of new development. Virtually all new development causes increased storm runoff. These increases are particularly troublesome in those watersheds where an Area Drainage Plan has been adopted. In order to miti- gate the downstream impacts brought about by increased runoff, the District recommends that Conditional Use Cases, Plot Plans and Public Use Cases be required to pay a flood mitigation charge. Mitigation charges, where appropriate, will be similar to the current Area Drainage Plan fee rate. Following are the District's recommendations: 1. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The new development in this case includes a total of 20.88 acres. At the current fee rate of $932 per acre, the mitigation charge equals $19,460. The charge is payable to the Flood Control District prior to issuance of permits. If Area Drainage Plan fees or mitigation charges have al- ready been paid on this property in conjunction with an earlier land division or land use case, the developer should contact the District to ascertain what charges are actually due. Riverside County -2- November 30, 1988 Planning Department Re: Plot Plan 10864 2. The property's street and lot grading should be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area, outlet points and outlet conditions, otherwise, a drainage easement should be obtained from the affected property owners for the release the recordedconcentrated drainagedi- verted storm flows. A copy easement should be submitted to the District for review prior to the issuance of permits. 3. Onsite drainage facilities located outside of road right of way should be contained within drainage easements. Drainage easements shall be kept free of buildings and obstructions. 4. Offsite drainage facilities should be located within publicly dedicated drainage easements obtained from the affected property owners. The documents should be re- corded and a copy submitted to the District prior to the issuance of permits. 5. A copy of the improvement plans and grading plans along with supporting hydrologic and hydraulic calculations should be submitted to the District for review and ap- proval prior to the issuance of grading or building permits. Questions concerning 4this matter may be referred to Kris Flanigan of this office at Very truly yours, KENNETH L. EDWARDS Chief Engineer JOHN H. KASHUBA Senior Civil Engineer cc: Palmer-Namdar Engineering KF:bab FIRE DEPARTMENT y`'1E of CAL IN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION , GLEN J. NEWMAN FIRE CHIEF ~~Nr io planning & Eri34ineering Office 46-209 Oasis Street, Suite 405 Indio, CA 92201 (619) 342-8886 TO: ATTN: RE: 4-04-89 Planning & Engineering Office 4080 Lemon Street, Suite I IL Riverside, CA 92501 (714) 787-6606 PLANNING DEPARTMENT ALEX GANN PLOT PLAN 10864 - AMENDED #2 With respect to the conditions of approval regarding the above referenced plot plan, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: 1. The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings using the procedure established in Ordinance 546. 2. Provide or show there exists a water system capable of delivering 1750 GPM for a 2 hour duration at 20 PSI residual operating pressure which must be available before any combustible material is placed on the job site. 3. A combination of on-site and off-site super fire hydrants, on a looped system (6"x4"x2}x2}), will be located not less than 25 feet or more than 165 feet from any portion of the building as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 4. The required fire flow may be adjusted at a later point in the permit process to reflect changes in design, construction type, area separation or built-in fire protection measures. 5. Applicant/developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and, the system shall meet the fire flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." RE: PP 10864 Page 2 6. Install a complete fire sprinkler system in all buildings requiring a fire flow of 1500 GPM or greater. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the building(s). A statement that the building(s) will be automatically fire sprinklered must be included on the title page of the building plans. 7. Install a supervised waterflow fire alarm system as required by the Uniform Building Code. 8. Certain designated areas will be required to be maintained as fire lanes. 9. Install portable fire extinguishers with a minimum rating of 2A-10BC. Contact certified extinguisher company for proper placement of equipment. 10. Prior to the issuance of a building permit, the developer shall deposit with the Riverside County Fire Department, a cash sum of $400.00 per unit as mitigation for fire protection impacts. 11. Final conditions will be addressed when building plans are reviewed in Building and Safety. All questions regarding the meaning of the conditions shall be referred to the Fire Department Planning and Engineering staff. RAYMOND H. REGIS Chief Fire Department Planner By Wes Alston, Deputy Fire Marshal KM: ml Tepahtmek o l TuNing and Safety Administrative Center e 1777 Atlanta Avenue Riverside, CA 92507 89 41~1~ Riverside County Planning Department Attention: Alex Gann County Administrative Center 4080 Lemon Street Riverside, CA 92501 RE: Plot Plan 10864, Exhibit A, Amend ),f#2- Ladies and Gentlemen: The Land Use Division of the Department of Building and Safety has the following comments and conditions: If the proposed project is to be "phased," an approved exhibit indicating which structures and on-site improvements are required for each "phase" should be required. An additional plot plan or an approved exhibit for on-site signage will be required. Prior to the issuance of building permits, written clearance is required from the following: ° Temecula Unified School District Elsinore Union High School District Swimming pools to be fenced according to requirement specified . in Ordinance 421.1. G~u-- rd If approved elevations are required from the Planning Department the approved plans must be submitted to the Land Use Division concurrently with submittal of structural plans for review. Prior to acceptance of structural plans for Building and Safety review, one complete set of approved conditions from Planning Department must be attached. Administration (714) 682-8840 • (714) 787-2020 Plot Plan 10864 January 11, 1989 Page 2 v.P A- ~-12018° Prior to issuance of building permits, proposed lighting must be in conformance with Mount Palomar Lighting Plan, Zone B, per Ordinance 655. Very truly yours, Thomas H. Ingram, Director DEPARTMENT OF BUILDING AND SAFETY By ; P ~i~!~t/G$ Norm eA ostbom, eputy Direc r Land Division COUNTY OF RIVERSIDE Department of Building and Safety TO: Planning - File FROM: Grading Section RE: P.P. 10864 & Amendments DATE: 12/1/88 INITIAL: T.H. X __Please make the following a condition of approval: X___a. Prior to commencing any grading exceeding 50 cubic yards, the owner of that property shall obtain a grading permit from the Department of Building and Safety b. Prior to approval of this use/subdivision a grading permit and approval of the rough grading shall be obtained from the Building and Safety Department. X c. Prior to issuance of any building permit, the property owner shall obtain a grading permit and approval to construct from the Building and Safety Department. d. Constructing a road, where greater than 50 cubic yards of material is placed or moved, requires a grading permit. The Grading Section has no comment on this site 264-134 (5/BB) CKPAATMUNTAL LETTUR COUNTY OF RIVERSIDE PLANNING DEPARTMENT June 5, 1989 TO: David Wahlgren - Team 1 FROM: Steven A. Kupferman - Engineering Geology 1 RE: Plot Plan 10864 Slope Stability Report No. 108 The following reports have been reviewed relative to slope stability at the subject site: a) Preliminary Subsurface Exploration and Field Observation At A Site Located On Rancho California Road, in Rancho California, CA, Assessor's Parcel #923-590-001, Riverside County, CA," by Academy Soils Engineering, dated November 29, 1988. b) Slope Stability Analysis for a Site Located on Rancho California Road, Rancho California, CA, Assessor's Parcel 923-590-001, Riverside County, CA," by Academy Soils Engineering, dated April 5, 1989. c) "Review Sheet, Dated May 15, 1989, Regarding a Site Located on Rancho California Road, Rancho California, Assessor's Parcel #923-590-001, Riverside County, CA," by Academy Soils Engineering, dated June 1, 1989. These reports determined that: 1. The property is located in an area underlain by the Pauba formation, with no apparent adverse bedding anticipated. 2. The proposed cut slopes of 4:1 are considered stable as proposed. These reports recommended that: 1. Compacted fill or backfilled slopes should be limited to a slope ratio of no steeper than 2:1. 2. All compacted fill slopes shall be overbuilt and cut back to grade, exposing the firm, compacted fill inner core. 3. If excavations for cut-slopes expose loose, cohesionless, fractured or unsuitable material, overexcavation and replacement with a compacted stabilization fill should be done. David Wahlgren RE: Plot Plan 10864 Slope Stability Report No. 108 Page 2 June 5, 1989 4. For cut slopes made in the direction of the prevailing drainage, a non-erodible diversion swale should be provided at top of cut. 5. At the time of grading, the exposed cut slopes should be evaluated by the geotechnical consultant. 6. Slope planting should consist of deep rooted vegetation requiring little watering. This report satisfies the General Plan requirement for a slope stability report. The recommendation made in this report shall be adhered to in the design and construction of this project. SAK:rd GOGN'I` Y pr ~r V t1tSTn . E. J.GALL AGHER, Y.O.,U.PK pREC70Nt OF KALI" CKP~Y O REC iON OFHEALTH.A. PERSONAL HEAL114 SERVICES J.M. FANNING R.S. M.Rk *[PUTT OREC500 OF HEALTH ENVIRONMENTAL HEALTH SERVICES M.C. NOLY.Y.,Y.PN. OEPVST WCV1OR OF HEALTH SPECIAL SERVICES E. R.CMTNE Y.S. .Put pICTOR Of HEALTH 1ONiNKTMIION 6 SUPPORT SERVICES MEALTH CENTERS BANNING 7055 RAMSEY STREET BANNING. CA 92220 THE NORTH BROADWAY rNE. CA 92225 CASA BLANCA 7240 MARGUERITA RIVERSIDE. CA 92504 Cr )NA $05 SOUTH BUENA VISTA CORONA. CA 91720 NENET 660 NORTH STATE ST. /NEIJET. CA 62143 #111010 46-209 OASIS STREET /N010. CA 92201 LAKE ELSIIIORE 70195 FRASER DR. LAKE ELSINORE. CA. 92730 PALM B►RIRGS 7255 TAHOUITZAICCALLUM PALM SPRINGS. CA 92262 TERM to 237 NORTH -D- STREET PERRIS, CA 92370 RIVERSIDE 1520 LINDEN STREET RIVERSIDE. CA. 92507 RYSIOOUR 6666 MISSION BLVD. RIVERSIDE. CA 91509 DEPARI'MENT' of HEALTH 4065 COUNTY CIRCLE DRIVE. RIVERSIDE. CA. 92503 Date: July 7, 1989 To: Kim Johnson, Senior Planner Team I Riverside County Planning Department CAC 4080 Lemon Street, 9th Floor Riverside, CA 92501 From: William D. Redden, CIH Supervising Industrial Hygienist Division of Special Services Riverside County Health Department 5888 Mission Blvd. Riverside, CA 92509 Subject: Review of an Acoustical Report for Rancho Viejo Apartments, (Plot Plan 10864) Rancho California (Revised conditions) Mr. Grant Becklund, Gabel, Cook and Becklund 647 N. Main Street, Ste. 1-B Riverside, CA 92501 Information Provided: January 18, 1989: "Acoustical Analysis, Rancho Viejo Apartments, (Received) County of Riverside," by Gordon Bricken. March 2, 1989: Plot Plan of site. (Received) Noise Information Requirements: 1. Noise Element of Riverside County General Plan states "to avoid future noise hazard, the maximum capacity design standard (average daily trips) for highways and major roads shall be used for determining the maximum future noise level: or 20 years in case of freeways. 2. Interior noise level for dwelling units shall not exceed 45 CNEL (dBA). Reply To : Page 2 Noise Information Requirements: (cont.) 3. For future noise estimates the FHWA RD 77-108 Highway Traffic Prediction Model shall be used. 4. The project shall comply with California Noise Insulation Standards, (CAC, Title 25, Ch 1, Subch 1) as follows: "(d) Sound Transmission Control Between Dwelling Units. (1) Wall and Floor-Ceiling Assemblies. Wall and floor-ceiling assemblies separating dwelling units or guest rooms from each other and from public space such as interior corridors and service areas shall provide air-borne sound in- sulation for walls and both air-borne and impact sound insulation for floor- ceiling assemblies. (2) Airborne Sound Insulation. All such separating walls and floor-ceiling assemblies shall provide an airborne sound insulation equal to that required to meet a Sound Transmission Class (STC) of 50 (45 if field tested) as defined in UBC Standard No. 35-1. Penetrations or openings in construction assemblies for piping, electrical devices, recessed cabinets, bathtubs, soffits, or heating, ventilating or exhaust ducts shall be sealed, lined, insulated or otherwise treated to maintain the required ratings. Dwelling unit entrance doors from interior corridors together with their perimeter seals shall have a Sound Transmission Class (STC) rating of not less that 30 and such perimeter seals shall be maintained in good operating condition. (3) Impact Sound Insulation. All separating floor-ceiling assemblies between separate units or guest rooms shall provide impact sound insulation equal to that required to meet an Impact Insulation Class (IIC) of 50 (45 if field tested) as defined in UBC Standard No. 35-2. Floor coverings may be included in the assembly to obtain the required rating, and must be replaced by other floor covering that provides the same sound insulation required above."' Page 3 Findings: To determine the CNEL of the four lane, Rancho California Road, with an ADT of 24,000 at Level "C: service, the noise consultant assumed that a "1975 Orange County Truck Traffic Volume Study" would be comparable to the Temecula area. Unfortunately this is not the case. In conversation with John Johnson of Riverside County Road Department, we determine that these estimates are low. A more accurate estimate of future traffic volume is as follows: (Overall Day % Evening % Night % Autos 92 69.5 12.9 9.6 Medium Trucks 3 1.44 .06 1.5 Heavy Truck 5 2.4 .1 2.5 These estimates result in a Ldn of 73 at 90 feet with traffic speeds of 45 mph. Conclusion: The following needs to be provided: 1. Using the FHWA RD 77-108 Highway Traffic Prediction Model determine the CNEL at design capacity to the apartments using the data indicated in the findings. 2. The noise barrier, wall, is to be installed according to the site plan, at the apartment patio edge. 3. The window glazing to be used shall be specified. The architect has details of the building shell components. 4. The consultant recommends four types of common floor/ceiling details. One type shall be recommended with supporting documentation that this recommended assemblage will achieve a minimum STC-50. 5. The consultant recommends four types of common wall assemblies. Item 4 recommending "1/3" or 5/8" direct nailed drywall, 2" by 4" plate, 2" by 4" studs, R-11 Insulation, 1" airspace at plate, 2" by 4" plate with 2" by 4" studs, 1/2" or 5/8" direct nailed drywall:, is the preferred assemblage well known to provide STC= 50. If another. assemblage is recommended by the consultant, documentation must be provided supporting that this recommend assemblage will achieve a minimum STC=50. cc: Grant Becklund DEPARTMENTAL LETTER COUNTY OF RIVERSIDE PLANNING DEPARTMENT August 8, 1989 TO:eam I Laurie Dobson, Planner III FR0 Chief Deputy Director RE: Plot Plan 10864, Amended No. 2 Following consultation with John Kashuba of the Riverside County Flood Control and Water Conservation District concerning off-site runoff from this project it has been concluded that the existing conditions of approval are sufficient to mitigate the concerns brought forth in public testimony at the August 7, 1989 Planning Director's Hearing. The Planning Director's decision is to adopt the Negative Declaration for E.A. 33292 and Approval or Plot Plan No. 10864, Amended No. 2 based on the findings and recommendations found in the staff report dated August 7, 1989. MFB:rd _ r~ Eft -n: C.: ~~ann~ ~.v APPLICATION FOR APPtft,4 ' )NG p PAR-~ til ► ► APPELLANT'S NAME "0 C re, Cam' A u G 2 4 1989 -19 23 f_y, 0 br N r 63 a t~l RI a~~ 3;-1 T-c-►1+f%, 5'I1-eef o CtQ X 211 LANNING DEPARTMENT CYTY STATE ( LP PHONE 6 q~ 6 0 C RE CASE NO. pjo~ V-1 109164- COMPLETE REVERSE SIDE TYPE OF APPEAL FEE TO BE FILED WITH HEARING BODY FILING DEADLINE Food Uw*gemKn Clark d ft Board of &pwvo= Board d &*Kmm As won as poss+bw sfte betel dvos*n Program ORD 458 Cordwrw Use Penrod Clerk of the Board of Supervisors Board of Supervisors Wain 10 days after tr* varianos Clerk of Vn Board of Superwas Board of Supervisors Planting C,prtmsvon or Arse Ptarrv,g Charge of Zone Dw-W Cork of Vr Board d Supsrwors Board of SuPeveM Council decision appears on the by PW nvV Cornrriaron Board's agenda Public the Perrot Clerk of Vr Board of Supervisors Board of Supervisors Surtaw boning Clerk CO V» Board d Supervisors Board d Supervaors erd ReClant55on Pwrrtn Specific Plan Der" Clark of Vw Board of SupKVaors Board of SlrperVison; ~ by Ptarwkg Ca-mission E>QaTent of Tm' for Twtstive Parcel btaps Clerk Of the Board of &Vwvaors Board of &Vwvrwrs Wvvn 10 days following the decision Land Div era Eastern Co, Wdrvn 10 days after decision of Plsnrr PWrmg East Arse Palming Cwlcd Director Westem Co.- Ptar * Corrrrremn TN deas+on of " At" Purring C w cW Clerk of V» Board of Supervisors Board of Supervisors or Rare" Conmiss+On may t* apoeaied J a 1M Board of SupKVisGrs 040M 10 days after decision O"dO0' "g W = Ptarming Department Board of Supervieors Witttin 10 days sftK evasion of Plannnp W-alta sigma) c .s Meow Geterd PWt Consstw~r H Ptarxwtg Dapertmwlt +0 Comrr+ssion wRNn 10 days after ra iept of Planning ' w s dalemnirlatiOn Detector Envtrorrnertd irt+Pap RepoA U_ PWrwtp OeparVrtw+t Planning Conrnission «o days after tto~pl a Plarwng Plot De Dwwwwl Arse PWrting Council 10 days efts date d mtaihng v;m- ' wmpprory Outdoor Everts of PWvft Detector s demon Tem orar Use Permit p y C TM decision of the Area Plamung Council Clerk of Vie Board of Supwviwrs Board of Supervieors may be appealed to Vie Board of sorer. visors within 10 days after Vie dare d mail. kV of this Planting Courvy's deosion Hiltoricat A vlwp- wo Palming Depammwt Area Palming Council Yi Wjn 10 days after Palming Director has • iM Ued a decision Corblicete of Clark of the Board of SupKVsora Baud of Supervisors W14 i 10 days after date Of maang CO ' Moble Kwne Cwnpk d s decision PWv irg Duactor Second Urit Penh PtetNng Dept. ftw irp Corrrniaion we in 10 days after receipt Of PIAMM ' a decision Dirsoor second Urd Pen Dw by Clerk d the Board d Supervisors Board d Supervisors Wow% 10 days after date d mailing d Planning Commissi ftroriong Cornriswre's deacon 1 ft&&M c..t fewest s: - &t4o y~.lan~ i.4) =1 ~ t..v t4O,, y al; Gov y ta,~~ , ~w~,~,o=~G ,c u-cJ.e,,~fa.u .c nv.~%t~ hug .cw 19.?~?a,«.a Iq7g , _CD,u.~;,~i~•~.uPy ~.~rpe-µ.~.~;~ ~ - PA `u-~i s -Ito m ~l e nttOsL ~~.xt ~At Cu y tia2" 7, '999 _41 CAz -04blj ac,L.~,c.e~ huwd~' JkA-tWP~~ 40 _~h.e,~.cuhti a.tea~at.tfic khtZtt 44,v A"442t ~L GnUiGcueL~x - 6~1i ru _ 3 3 S~w~~',:~ a pev~~.e~e7" ~:w-e ft-e t' m ~ IQ~ ~odc yd anti --_~'1'j fce. 0'd,~t~ /1N:l~e:~'+.tr~,l~y b4 fte~d .fib Ll.c p.~.K.ruq C~i x~c:wx & JP r AZ GUlv,+d Rtu.v.ee t/r tAiae~.~9a~w11°RP°`~, d _ ~u ~cv tAa.wL.~,w.w oE,~ t jo, X09 tlueGiksuw w - l~ @ ~ Ptu~ fxaL_, ~2ha_pLa,~~,Lo4I~a likes RtC. - - THOMAS R. MITCHELL E. LUDLOW KEENEY, JR. GERALD L. BARRY, JR. GARY EUGENE PIKE RICHARD R. WAITE H. BRIAN TODD DANA F. WEINSTEIN ELISABETH F. MILBURN SUSAN J. ROSEN TODD F. STEVENS CHARLES WESLEY KIM. JR. MITCHELL, KEENEY, BARRY 8 PIKE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW TELEPHONE 520 WEST ASH STREET, SUITE 200 (619)236-1234 SAN DIEGO, CALIFORNIA 92101 FAX (619) 236 -0127 August 11, 1989 Roger S. Streeter Planning Director Riverside County Planning Department 4080 Lemon Street Ninth Floor Riverside, California 92501 Re: Plot Plan 10864 Rancho Viejo Apartments Dear Mr. Streeter: TELECOPIER (714) 369-4335 A U G 14 '1989 RIVERSIDE COUNTY PLANNING DEPARTMENT I am writing to you on behalf of Robert J. Oder and Helon M. Oder, the owners of two apartment projects which are contiguous to the 22-acre parcel which is the subject of Plot Plan 10864. The projects owned by Mr. & Mrs. Oder are known as the "'Rancho Apart- ments"' [Lot 1, Tract 4849]•and NMira Loma Apartments" [Lots 1 & 2, Tract 4040]. At a hearing on August 7 the Oders voiced several objections to the proposed Rancho Viejo project, one of which pertained to the diversion of surface water from the Rancho Viejo project along the Northern boundary of the Oders' property. At the August 7 hearing Grant Becklund, a civil engineer employed by the proponents of the Rancho Viejo project, indicated 'on the record" that one of the conditions of approval of the Oders' apartment projects was that these sites accept surface water runoff from Tract 3334 specifically, from the Rancho Viejo property. t Mr. Becklund was unable to substantiate the foregoing representa- tions, and there is no truth in it. Moreover, there is no express easement or historical pattern of surface drainage which requires the Oders' property to accept the significant runoff of surface water which may be expected as a result of the constuction of a 335-unit apartment project on the Rancho Viejo site. It is my understanding that Plot Plan 10864 was approved earlier this week. It appears that the Oders' only recourse at this point is to appeal the Planning Commission's decision. The purpose of this letter is simply to notify you of the Oders' intention to appeal, and to request that your office send me, as soon as possible: (1) a copy of the resolution of the Planning Commission Roger S. Streeter MITCHELL, KEENLY, BARRY 8 PIKE A PROFESSIONAL CORPORATION August 11, 1989 ATTORNEYS AT LAW Page 2 approved Plot Plan 10864 (2) copy of Riverside County ordinances and/or regulations relative to appeal from decisions of the Planning Commission. If there is any charge for any of the foregoing information, please include your statement with the materials transmitted. The statement will be paid immediately on receipt. Thank you very much for your anticipated courtesy and cooperation. Very t young, E. LUDLOW KEE Y, ELK/j c cc: Kenneth L. Edwards Chief Engineer Riverside County Flood Control 1995 Market Street Riverside, CA 92501 FAX: (714) 788-9965 Mr. & Mrs. Robert J. Oder Mira Loma Apartments 29911 Mira Loma Drive Rancho, CA 92390 Rancho Viejo Apartments c/o Grant Becklund Gabel, Cook & Becklund 647 North Main Street Suite 1-B Riverside, CA 92501 MITCHELL, KEENEY, BARRY 8 PIKE A ►110F[SSIONAL CORPORATION THOMAS R. MITCHELL ATTORNEYS AT LAW E. LUDLOW KEENEY, JR. 520 WEST ASH STREET, SUITE 200 GERALD L. BARRY, JR. SAN DIEGO, CALIFORNIA 92101 GARY EUGENE PIKE RICHARD R. WAITE H. BRIAN TODD 1989 September 18 DANA F. WEINSTEIN , ELISABETH F. MILBURN SUSAN J. ROSEN TODD F. STEVENS CHARLES WESLEY KIM, JR. Laurie R. Dobson Planner Riverside County Planning Department 4080 Lemon Street 9th Floor Riverside, CA 92501-3657 FAX No. (714) 369-4335 Re: Plot Plan No. 10864 Rncho Viejo Apartments Dear Ms. Dobson: TELEPHONE (619)238-1234 FAX (619) 238 -0127 59,061.09 This is to request, on behalf of Helon M. Oder, the Appellant in this matter, that the date of hearing of the appeal in connection with Plot Plan No. 10864 be changed from Wednesday, October 11, to a date after October 19. Mrs. Oder and her husband will be out of the country on October 11, and I will be in Baltimore, Maryland, on pressing family business on that date. If appeals are generally heard on Wednesdays, the following Wednesdays are 'clear" on Mrs. Oder's calendar and my calendar: November 8, November 15, November 22, November 29 and December 6. If appeals are heard on days other than Wednesday, the following dates in October are clear: October 24, 26, 27 and 31. The following November dates, in addition to the Wednesdays noted above, are also clear: November 2, 3, 9, 14, 16, 17, 20, 21 and 28. Copies of this letter are being sent, by first class mail, to John Boyde (the attorney for Rancho Viejo Apartments) and to all other persons noted below. Very truly your , %ftnn~ iv--- E. LUDLOW KEE Y, J ELK/et Laurie R. Dobson MITCHELL, KEENEY. BARRY 8 PIKE A PROFESSIONAL CORPORATION September 18, 1989 ATTORNEYS AT LAW Page 2 cc: John Boyde, Esq. Thompson & Colegate 3619 FourteenthStreet Riverside, CA 92502 Mr. & Mrs. Robert J. Oder Mira Loma Apartments 29911 Mira Loma Drive Rancho, CA 92390 Grant Becklund Gabel, Cook & Becklund 647 North Main Street, Suite 1-B Riverside, CA 92501 Kenneth L. Edwards Chief Engineer Riverside County Flood Control 1995 Market Street Riverside, CA 92501 Kim Jarrell Johnson Senior Planner Riverside County Planning Department 4080 Lemon Street, 9th Floor Riverside, CA 92501-3657 Lauri R. Dobson Riverside County Planning Department 4080 Lemon Street, 9th Floor Riverside, CA 92501-3657 MITCHELL, KEENEY, BARRY 8 PIKE A PROFESSIONAL CORPORATION THOMAS R. MITCHELL ATTORNEYS AT LAW TELEPHONE E. LUDLOW KEENEY, JR. S20 WEST ASH STREET, SUITE 200 (619) 238-1234 GERALD L. BARRY, JR. SAN DIEGO, CALIFORNIA 92101 GARY EUGENE PIKE FAX RICHARD R. WAITE (619) 238 • 0127 H. BRIAN TODD DANA F. WEINSTEIN ELISABETH F. MILBURN ROSEN SAN J S September 25, 1989 . U Laurie R. Dobson 1 Planner Riverside County Planning Department 4080 Lemon Street 9th Floor Riverside, CA 92501-3657 FAX No. (714) 369-4335 Re: Plot Plan No. 10864 Rancho Viejo Apartments Dear Ms. Dobson: As per my telephone conversation with you this morning, it is my understanding that it will be unnecessary for anyone to appear on behalf of Mr. & Mrs. Robert Oder at the appeal hearing on October 11, 1989. Since the Oders will be out of town on that date, a decision cannot be made without their presence at the hearing. Please notify us as soon as a new date is set for the appeal. Very truly yours, Jean T. Van Ness Legal Assistant to E. Ludlow Keeney, Jr. cc: John Boyde, Esq. Thompson & Colegate 3619 Fourteenth Street Riverside, CA 92502 Mr. & Mrs. Robert J. Oder Mira Loma Apartments 29911 Mira Loma Drive Rancho, CA 92390 Grant Becklund Gabel, Cook & Becklund 647 North Main Street, Suite 1-B Riverside, CA 92501 Page 2 cc: Kenneth L. Edwards Chief Engineer Riverside County Flood Control 1995 Market Street Riverside, CA 92501 Kim Jarrell Johnson Senior Planner Riverside County Planning Department 4080 Lemon Street, 9th Floor Riverside, CA 92501-3657 MITCHELL, KEENEY, BARRY 8 PIKE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW as Ta aBTr "W . APPLICATION FOR LAND USE AND DEVELOPMENT DATE: 27 OctohPr 1oR8 ❑ CHANGE OF ZONE NO. O PUBLIC USE PERMIT NO. ❑ CONDITIONAL USE ❑ TRACT MAP NO. rp PERMIT NO. p TEMPORARY USE PERMIT NO. f-lr- it ❑ PARCEL MAP NO. ❑ VARIANCE NO. N~V 41988 W( PLOT PLAN NO. R Vc .~:v (Y INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. PLANNING L EPARTMENT A. APPLICANT INFORMATION 1. Applicant's Name: Rancho VieJQ Mailing Address: 3• X 5118 1 A E zip E Telephone No.: ( 714 ) 244-2823 (8a.m.-5pm.) 2. Owners Name: Mailing Address: Telephone No.: 3. Representative: Mailing Address: Telephone No.: CI STAT P STREET ( 714 ) 4921 (8 am-5 p.m.) Gabel_ Cook & Rpnk1unrI--Tnr, REET ITY E -L 714 ) 788-8092 (8 a.m.-5 p.m.) NOTE :If more than one person is involved in the ownership of the property being developed a separate page must be attached to this application which lists the names and addresses of all persons having an interest in the ownership of the property. B. PROJECT INFORMATION Purpose of Request (describe project): (Ordinance 348 ref. no.) To develop apartment site on 22.21 gross acres east of Rancho California 2. Related cases filed in conjunction with this request: C. PROPERTY INFORMATION 1. Assessors Parcel No(s). 923-590-011 2. General location (street address, etc.) Southeast corner Rancho California Road ✓4 Moraga Road 1 Township 8South Range 3Yest 3. Section 4. Approximate Gross Acreage: 22.22 Gross Acres 5. Legal description (give exact legal description as recorded in the Office of the County Recorder). May be attached. Lot 23 of Tract 334 in tt~e Cunt of Riverside, State of California, as per map 6. Thomas Brothers Page o. and Coor inat s: recorded in Book 54 pages 25 to 30 inclusive of Page 125 F-2 aps DATE 27 October 1988 SIGNATURE OF APPLICANT Authority for this application is hereby given: SIGNATURE OF PROPERTY OWNER IS) See attached AMRITTEN AUTHORITY MAY BE ATTACHED/ 4080 LEMON STREET, 9T" FLOOR 46-209 OASIS STREET, ROOM 304 rM RIVERSIDE, CALIFORNIA 92501-3657 INDIO, CALIFORNIA 92201 (619) 342 8277 '714) 787-6181 ~b57 : o! 5 (6ISF1 ..+v rmr a='.'_..1 r _ ,.4, :F,.:, " y _ 'nom.. tp j; r _ "i➢ t r.:~ mAnivm ircmRmw Cc m ENVIRONMENTAL ASSESSMENT FORM: STANDARD EVALUATION ENVIRONMENTAL ASSESSMENT (EA) NUMBER: 33292 MODULE NUMBER(S): 119 PROJECT CASE TYPE(s) AND NUMBERS(s): PP 10864 APPLICANT'S NAME: Rancho Viejo Apts. NAME OF PERSON(s) PREPARING EA: Alex Gann/Laurie Dobson 1. PROJECT INFORMATION j A. DESCRIPTION (include proposed minimum let size and uses as applicable): proposes to develop an apartment site on 22+ acres zoned R Applicant B. TOTAL PROJECT AREA: ACRES 22± or SQUARE FEET C. ASSESSOR'S PARCEL NO.(s): 923-590-011 D. EXISTING ZONING: R-2 IS THE PROPOSAL IN CONFORMANCE? E. PROPOSED ZONING: R-2 F. STREET REFERENCES: _ IS THE PROPOSAL IN CONFORMANCE? _ Southeast corner of Rancho California Road and Moraga Road I G. SECTION, TOWNSHIP, RANGE DESCRIPTION OR ATTACH A LEGAL DESCRIPTION: Sec 1. T 8 s, R 3W i H. BRIEF DESCRIPTION OF THE EXISTING ENVIRONMENTAL SETTING OF THE PROJECT SITE AND ITS SURROUNDINGS The site is vacant with hilly terrain which is covered with grasses shrubs and weeds. There are vacant sites to the east and west; and an apartment complex j to the north. j N. COMPREHENSIVE GENERAL PLAN OPEN SPACE AND CONSERVATION DESIGNATION Check the appropriate option(s) below and proceed accordingly. ❑ All or part of the project she Is in "Adopted Specific Plans," "REMAP" or "Rancho Villages Community i Policy Areas". Complete Sections 111, IV (8 and C only), V and VL i All or part of the project site Is in "Areas Not Designated as Open Space". Complete Sections III, IV ! (A, B and D only), V and VI. ❑ All or part of the project site has an Open Space and Conservation designation other than those mentioned above. Complete sections 111, IV (A, 8, and E only), V and VI. "ff,-7n Ode* 12/871 1 W. ENVIRONMENTAL HAZARDS AND RESOURM ASIMM MENT A. Indicate the nature of the proposed land use as determined from Ow descriptions as farad In Comer ehenshro GeWal Plan Figure V1.3 (Circle One). This information Is necessary b delenr*ne the appropriate land use suitability ratings in Section III.B. NA - Not Applicable Critical Essential Normal4 igh Risk Normal-Low Risk S. Indicate with a yea (Y) or no (N) whether any environmental hazard and/or maoufm issues may significantty dlsc:t or be affected by the proposal. AM referenced figures we contained in I!w C4mprs1WWve General Plant For any issue marked yes (Y) write additional data sources, agencies cormAW. findings of fact and any nrttigation measures under Section V. Also, where indicated, circle the appropriate land use suitability or rod" soospfarbMty rating(s). (See definitions at bottom of this page). HAZARDS 1 N 2 N 3_N_ 4. Y 5 N 6.N 7.~ 8. N g N 10. N 11. N Aiquist-Priolo Special Studies or County Faun Hazard Zones (Fig. Vt.1) NA PS U R (Fig. V1.3) Liquefaction Potential Zone (Fig. VIM NA S PS U R (Fig. VIA) Groundshaking Zone (Fig VIA) NA S PS U R (Fig. VI.5) Slopes (Riv. Co. 800 Scale Slope Maps) Landslide Risk Zone (Riv. Co. 800 Scale Seismic Maps or On-site Inspection) NA S PS U R (Fig. VIA) Rockfali Hazard (On-site Inspection) Expansive Solls (U.S.DA. Soil Conservation Service Soil Surreys) Erosion (U.S.DA. Soil Conservation Service Soil Surveys) Wind Ersosion a Blowsand (Fig. Vt.1, Ord. 460, Sec. 14.2 b Ord. 484) Dam Inundation Area (Fag. VI.7) Floodplains (Fag. V1.7) NA U R (Fig. V1.8) 12. N Airport Noise (Fig. 11.18.5, 11.18.11 3 Vt.12 8 1984 AICUZ Report, MA.F.B.) NA A S C D (Fig, VI.11) 13. N Railroad Noise (Fig. Vt.13 - Vt.16) NA A S C D (Fig, V1.11) 14. N Highway Noise (Fig. Vt.17 - V129) Y NA A S C D (Fig, V1.11) 15. Other Noise NA A B C D (Fig, Vt.11) 16. N Project Generated Noise Affecting Noise Sensitive Uses (Fig. Vt.11) 17. N Noise Sensitive Project (Fig. Vt.11) 18. N Air Quality Impacts From Project 19. N Project Sensitive to Air Quality 20. N Wader Quality Impacts From Project 21. N Project Sensitive to Water Quality 22. N Hazardous Materials and Wastes 23. N Hazardous Fire Area (Fig. VI.30 - VI.31) 24.- Other 25. _ Other RESOURCES 26. N Agriculture (Fig. VI-34 - VI-35) 32. N Scenic Highways (Fig. VI.45) 27. N In or Near an Agricultural Preserve 33-L Historic Resources (Fig. V1.32 - VI.33) (Riv. Co. Agricultural Land Conversation 34._Y _ Archaeological Resources Contract Maps) (Fig. VI-32 - VI.33 8 VI.46 - VI-48) 28. Y Wildlife (Fig. V1.36 - V1.37) 35. N Paleontological Resources 29. Y Vegetation (Fig. VI.38 - V1.40) (Paleontological Resources Map) 30.N Mineral Resources (Fig. VI.41 - VI.42) 36 Other 31 N Energy Resources (fig. VI-43 - VI-44) 37 Y Other Grading Definitions for Land Use Suitability and Noise Acceptability Ratings NA - Not Applicable S - Generally Suitable PS - Provisionally Suitable U - Generally Unsuitable R - Restricted A - Generally Acceptable B - Conditionally Acceptable C - Generally Unacceptable D - Land Use Discouraged N. LAND USE DETERMINATION A. Compiele this part unless the project is located In "Adopted Specific Plans", "REMAP" or "Rancho Villages Community Policy Areas." 1. OPEN SPACE AND CONSERVATION MAP DESIGNATION(s): Areas Not Designated 1 2. LAND USE PLANNING AREA: Southwest Territory 3. SUBAREA. IF ANY: Rancho California 4. COMMUNITY POLICY AREA, IF ANY: 5. COMMUNITY PLAN, IF ANY: Southwest Area (tentative) 6. COMMUNITY PLAN DESIGNATION(s1. IF ANY. 8-16 DU/Acre 7. SUMMARY OF POLICIES AFFECTING PROPOSAL. Future land uses should generally be Category I and H. B. For all projects, inidcate with ayes (Y) or no (N) whether any public facli ties and/or ser Aces Issues may significantly affect or be affected by the proposal. AN referenced figures are contained In the Comprehensive General Plan. For any issue marked yes (1), write data sources, agencies consulted, findings of fact, and mitigation measures under Section V. PUBLIC FACIUTIES AND SERVICES 1. N Circulation (Fig. IV.1-IV.11. Discuss in Sec. V Existing, Planned 8 Required Roads) 2 N Bike Trails (Fig. IV. 12 - IV. 13) 3._N_ Water (Agency letters) 4.A_ Sewer (Agency Letters) 5.N_ Fire Services (Fig. IV. 16 - IV. 18) 8 N Sheriff Services (Fig N.17 - N.18) 7,1L Sdods (Fig. N.17 - N.18) 8 N Solid Waste (Fig. IVA 7 - IV.I S) 9. N Parks and Recreation (Fig. IVA9 - N20) 10 N Equestrian Trails (Fig. IV. 19 - IV.24/ Riv. Co. 800 Scale Equestrian Trail Maps) 11 N Utilities (Fig. N.25 - IV.28) 12 -L Libraries (Fig. IV. 17 - IV. 18) 13-tL HeaM Services (Fig. rVA 7 - IV. 18) 14- H- Airports (Fig. 11. 18.2 - 8.18.4, 11.18.8-11.18.10bN27-fV36) 15_ _N__ Disaster Preparedness 16 N City Sphere of Influence 17 N Other C. If all or pad of the project is located In "Adopted Specific Plans". "REMAP" or "Rancho Villages Community Policy Areas", review in detail the specific policies applying to the proposal, and complete the following: 1. State the relevant land use designation(s): 2. Based on this initial study, is the proposal consistent with the policies and designations of the appropriate document. and therefore consistent with the Comprehensive Generel Plan? If not explain: IV. LAND USE DETERM NATION (continued) D. If all or part of the project of is in "Areas not Designated as Open Space", and is not In a Community Plan, complete questions 1, 2, 3, 6 and 7. Complete questions 4, 5, 6 and 7 N It Is In a Community Plan. 1. Land use category(iss) necessary to support the proposed project Also indicate land use type (i.e. residential, commercial, etc.) Category I - Residential 2. Current land use calegory(ies) for the ails based on exieft conditions, Also indicate land use type (Le. residential, commercial, ems.) Category I I (Vacant) 3. N DA differs from 02, wig the dd%renoe be resolved at the development stage? Explain: y p,,* Site improvements (road, water, sewer, drainage) 4. Community plan designation(s): 8-16 Du/Acre (tentatively approved) 5. Is the proposed project consistent with the policies and designations of the Community Plan? It not, explain: NIA 6. Is the proposal compatible with existing and proposed surrounding land uses? N not, explain: Yes 7. Based on this initial study, is the proposal consistent with the Comprehensive General Plan? N not, reference by Section and Issue Number those Issues identifying inconsistencies: Yes E. If 1. all or part of the project site is in an Open Space and Conservation designation, complete the following: State the designation(s): 2. Is the propoeal consistent with the designation(s)? N not, explain: 3. Based on this initial study, is the proposal oonsisent with the Comprehensive General Plan? N not, reference by Section and Issue Number those issues identifying inconsistencies: 295-70 (Now 12/87 A. ADDITIONAL INFORMATION REQUIRED BEFORE ENVIRONMENTAL ASSESSMENT CAN BE COMPLETED: SECT/ INFORMATION ISSUE NO. REQUIRED III B4 Slope Stability Report III B14 Noise Study III B28 Bio Report III 829 " III B34 Arco Report DATE DATE ADEQUACY 04FORMATION INFORMATION DETHVA"T1014 REQUESTED RECEIVED OUM PATS 12/1/88 2/89 Yes 12/1/88 1/89 Yes 12/1/88 3/89 Yes 12/1/88 3/89 Yes 1211188 21Aq Yes S. For each issue marked yes (Y) under Sections III.B and lV.B, identify the Section and Issue number and do the following, in the format as shorn below. t . List all additional rebvant data sources, Including agencies consulted. 2. State all findings of fact regarding environmental concerns. 3. State specific mitigation measures, If identifiable without requiring an environmental impact report (E.I.R.) 4. If additional information Is required before the environmental assessment can be completed, refer to Subsection A. 5. If additional sheets are needed to complete this section, check the box at the end of the section and attach the necessary sheets. SECTION/ ISSUE NO. III B4 III B14 III B28 III B29 III B34 III B37 III B 17 SOURCES, AGENCIES CONSULTED, FINDINGS OF FACT, MITIGATION MEASURES: General Plan, Slope greater than 10 feet, Slope Stability Report General Plan, Greater than 60 dbls, Noise Study General Plan, Stephens Kangaroo Rat etc Bio Report - No mitigation needed I General Plan, Possible vegetation Bio Report - No mitigation needed i General Plan, Archaeological Resources Arco Report - No findings ~ Grading Check Sheet, over 210,000 cubic export, Surface Mining Permit may be required or Grading Permit Environmental Assessment General Plan, Mt Palomar, Ordinance 655 (Low Sodium lighting) V. INFORMATION SOURCES, FINDINGS OF FACT AND MITIGATION MEASURES (oontinuad) SECTION/ ISSUE NO. SOURCES, AGENCIES CONSULTED, FINDINGS OF FACT, MITIGATION MEASURES: - 1 I O See attached pages. VI. ENVIRONMENTAL WPACT DETERMINATION: Q The project will not have a significant effect on the environment and a Negative Declaration may be i prepared. (or) ❑ The project could have a significant effect on the environment, however, there will not be a significant effect In this case because the mitigation measures described in Section V have been applied to the I project and a Negative Declaration may be prepared. (or) ❑ The project may have a significant effect on the envi ment and an Environmental Impact Report is required. / f n 'A0 I Name. Kimberly Jarrell Johnv Prepared by 205-70 (Pew 12/47) 6 Notice of Public Hearing CITY COUNCIL OF THE CITY OF TEMECULA 43172 Business Park Drive Temecula, California 92390 A PUBLIC HEARING has been scheduled before the CITY COUNCIL to consider the applications(s) described below. The Riverside County Planning Commission has found that the proposed project(s) will have no significant environmental effect and has completed negative declaration(s). The CITY COUNCIL will consider whether or not to adopt the negative declaration along with the proposed project at this hearing. PLACE OF HEARING: Temecula Community Center 28816 Pujol Street Temecula DATE OF HEARING: Tuesday. January 23. 1990 Any person may submit written comments to the City Council before the hearing or may appear and be heard in support of or opposition to the adoption of the negative declaration and/or approval of this project at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. The environmental finding along with the proposed project application may be viewed at the public information counter, Monday through Friday from 9:00 a.m. until 4:00 p.m. PLOT PLAN 10864, E.A. 33292 is an application submitted by Rancho Viejo Apartments for property located in the Temecula Area and First Supervisorial District and generally described as Southeast corner of Rancho and made pursuant to Ordinance No. 348, which proposed to develop an apartment complex. TIME OF HEARING: 7:00 p.m. RIVERSIDE COUNTY PLANNING DEPARTMENT 4080 LEMON STREET, NINTH FLOOR RIVERSIDE, CALIFORNIA 92501 Roger S. Streeter, Planning Director A PUBLIC HEARING has been scheduled before the PLANNING DIRECTOR to consider the application(s) described below. The Planning Department has tentatively found that the proposed project(s) will have no significant environmental effect and has tentatively completed negative declaration(s). The PLANNING DIRECTOR will consider whether or not to adopt the negative declaration along with the proposed project at this hearing. COUNTY ADMINISTRATIVE CENTER, ROOM 13, BASEMENT PLACE OF HEARING: 4080 LEMON STREET, RIVERSIDE, CA 92501 DATE OF HEARING: MONDAY, JULY 10, 1989 Any person may submit written comments to the Planning Department before the hearing or may appear and be heard in support of or opposition to the adoption of the negative declaration and/or approval of this project at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Director at, or prior to, the public hearing. The environmental finding along with the proposed project application may be viewed at the public information counter, Monday through Friday from 9:00 a.m. until 4:00 p.m. PLOT PLAN 10864, E.A. 33292 is an application submitted by Rancho Viejo Apartments for property located in the Rancho` California Area and First Supervisorial District and generally described as Southeast corner of Rancho and made pursuant to Ordinance No. 348, which proposes to develop an apartment complex TIME OF HEARING: 1:30 p.m. Engineer. ` i John T. Richard 1•It f;ok, 6 RRPkload, Inc. c La1 Vickie 9. Rich +:i , 60 N004 b in Yoits ld 10029 Levande k...e 92391 I derside, Cali( 11501 Teaecola, CA 113-261-117 'EI-DEVELOPER John M. Zappia d Constreclion Ana E. 2apple lot $711 P ~ 30014 Lerande Place . . Canyon Late, CA 92310 Teaecola, CA 91391 923-262-015 Paul Y. Nerklotz 1 Rancho California Developaeal Co. Jane E. Nerklott P.O. lot 755 16150 Kaaitoo Drive Teaecala, CA 12310 Indian Yells, CA 12111 921-370-111 123-010-111 700 market Association 111111 1 6aiseppe Saabatato elo SRE Devil opaent lilt; Lee Saabataro 2 Corporate Plaza 1200 30011 Levande Place Newport Beach, CA 92660 Teaecola, CA 11391 121-310-112 923-262-011 first Baptist Church Of Rancho California 3 lobert Y. Rapp 12101 Koraga Road Susan L. Rapp lancho California, CA 92310 10011 Levande Mee Teaecola, CA 12391 921-310-101 123-262-616 Marlys 6 Thous Dowden 1 Cleo 0IT A. Pollock Rath 6 Stuart Reid Janet Ann Pollock 'o S. Reid 30010 Levande Place ,1 Inverness Dr. Teaecola, CA 12391 rasadena, CA 91103 921-310-011 123-262-011 ilayet 1. maktaseb 5 lvangelos Itrnardis mahtaseb Sala R Yasiliki Bernardi$ . 2123 Scarlett Oak It. 2066 V. loaneli Drive Knoxville, Tennessee 3791f Anakeia, CA 92101 123-590-019 123-162-020 lallatore Association 6 Clarence Y. Koore 15576 Calle Asturias Karl Notre San Diego, CA 12111 $703 Pine Court Cypress, CA 10630 123-510-111 123-262-131 Teaecala Isells 7 Pattick J. Lysfak cfo Willies Lyon 21912 It Caballe 30131 Silvet Spar 11 Toro, CA 92630 Sea Joan Capistrano, CA 92673 123-511-112.013 923-051-031 Robert hats Oder I faaey J. Siwin Keloa Koore Oder Realeth B. Sawin 321 loth St. 11670 mite Loaa Drive Coronado, CA 92111 Teaecala, CA 11390 1-011-011,013,001 113-151-032 Stephanie Traver 9 Dale 1. Nall Roaona Coon Sosan L. Stall 30010 Levande Place P.O. lox 1116 Teaecala, CA 92390 Teaecola, CA 12390 '2i-70411 1^1.1c'1 .nlI 1( II li 1: 14 1! 16 li it I! 1I Gre0or7 '111011 Clasp Arrala '41 Clasp 34471 Levande Place Temecula, CA 12391 123-212-030 Geri L. Smith Lind! K. Smith 11331 Armada Place Temecula, CA 92390 123-051-033 Gary R. Glottelti Rhoda Glotfelti 29700 Kira Loa! Drive Temecula, CA 91391 123-051-031 CERTIFIED PUBLIC &,da ACCOUNTANTS aaa~, J~ 610 NEWPORT CENTER DRNE, SURE 600 Moreland NEWPORT BEACH, CALIFORNIA 92660 (714) 760-9788 December 6, 1989 Mr. Frank Aleshire City Manager City of Temecula P.O. Box 3000 Temecula, CA 92390 Dear Mr. Aleshire: In accordance with your request we are providing this proposal to provide consulting services for the position of Interim Finance Director. Based on our discussions, we believe the goal of our services will be to help establish the City's Department of Financial Management with the following objectives to be accomplished: Prepare transition year budget. Prepare and analyze request for proposal for permanent banking services. Prepare and implement the City's investment policy. Implement system of internal controls. Select and implement accounting software including the development of the City's chart of accounts. Train and supervise accounting clerk on use of accounting software and maintenance of cash receipts and disbursements records. Review general ledger activity weekly and prepare monthly financial statements. Prepare monthly Treasurer's report in accordance with State code. Maintain audit trail and workpapers for use by City auditors. Moreland & Associates, Inc. is a large local firm of certified public accountants which specializes in providing accounting, auditing and consulting services to California cities and other governmental units. Mr. Frank Aleshire City Manager City of Temecula P.O. Box 3000 Temecula, CA 92390 We will provide to you Ms. Mary Jane Henry to work with you and serve as Interim Finance Director. She will accomplish the above objectives at your direction. Ms. Henry most recently served as Interim Finance Director for the City of Dana Point, which incorporated January 1, 1989. In our estimation the minimum time to perform the above tasks will be two days per week for three months. However, should you require more of her time we will make every effort to accommodate your needs. Fees for our services are as follows: Monthly retainer (64 hours/month from Ms. Henry) $3,200 Monthly out-of-pocket expenses 100 Total monthly retainer 3 300 Time in excess of retainer if requested will be billed at the following hourly rates: Partner $100 Manager 75 Supervising Senior 50 Out-of-pocket expenses at cost This fee structure will be effective through May 31, 1990. Thank you for providing us with the opportunity to present this proposal for services. Please call if you have any questions. Very truly yours, MORELAND & ASSOCIATES, INC. CA A-t-L Michael C. Moreland MCM:bpa DEC 18 'e9 11:46 CITY OF DANA POINT AGENDA REPOR`t' 1 11~ fig= JULY 118 1989 TOs ,~/CITY XLWXZR/C'ITY COUNCIL FROM MRY JAMB 8sM g INTERIM FINANCE DIRECTOR gUHJBCT: STATBMS1'rS MED MAY EXPENDITURES FOR THE FnM timATION: That the City Council receive and file the attached Statements of Revenues and Expenditures for the five months ended May 31, 1989. DISCUSSION: The attached Statements of Revenues enu $1a and Expenditures indicate that revenues exceeded expo 553, surplus as first five months of operations of the City. inxgpe t a detailed of June 301 1989, is $1,925,252. Follow in discussion of revenues and expenditures. Revenues The primary source of revu®colis the lectionstaresslightlychigher than After four months of receipts, the 83% expectation. for The sales and use tax budget for Dana Point proper (excludes of the 1988/1989 fiscal the sales tax reported in the last quarter anfrom d Juthe State to the City are year. The actual disbursements expected to be spread throughout April and May property transfer tax payments (totalling $31,825) were not received until June and will be reflected in the June financial statements. Investment interest from the Local Agency Investment Fund and will orange County Treasurer'sin~989 financialistatemsnts~terly and be reflected in the June 30, ,dim 5.5 1?.1F.E9 1 z:4°_ Fm FOB F.; ; ' ti: 46 CITY OF I)Ph4~ POINT Statement of Revenue and Expenditures page 2. July 11, 1989 8 VAUtum As of may 31, 1989, 60.22% of the fiscal 1989 budget has been expended. However, the expenditures do not reflect the year end accruals for expenditures ~~~rr~hE bCitynowilBaimeetsthefbudgeted 1989. It is expect expenditures for general government but will be under budget in planning, building and engineering. Actual expenditures foro ueanttpaid to thee0rangegCounty Coastal primarily due to the $8.5o~ roved b Council during the March Cities Executive Committee as app by 26 Council meeting. _ lifter considering seasonal factors, it appears that the City will finish the year with a surplus of $1,925,262• FISH' ~ ATTACHME WS: City of Dana Point Budget versus Actual Revenues for the five months ended May 31, 1989, and Budget versus Actual Expenditures for the five months ended May 31, 1989. MJH/sc rave-stmt T)FC 18 1 89 11:47 CITY OF nANA POINT CITY OF DANA POINT BUDGET VERSUS ACTUAL REVENUES FOR THE FIVE MONTHS ENDED MAY 31, 1989 GENERAL FUND Franchise Fees Property Transfer Tax Sales Taxes: Bales and Use Tax Cigarette Tax Vehicle Taxes: Motor Vehicle in Lieu Vehicle Code Fines Off Road Vehicle In Lieu Permits and Fees: Transient Occupancy Tax Penalties and Interest Investment Interest Miscellaneous/Inaugural Contributions Planning Department Total General Fund Revenues ROAD FUND Motor Vehicle Use Taxes: Section 2107 section 2106 section 2107.5 Investment Interest Total Road Fund Revenues TOTAL REVENUES P.11 % ACTUAL ADOPTED ACTUAL TO AMENDED BUDGET REVENUE BUDGET $39,526 $50,547 23,753 46.99% 235,107 0.00% 33,162 26,524 79.98% 840,000 726,041 86.43% 67,080 12,711 18.95% 295 1,162,400 997,315 85.80% 875 20,162 10,587 52.51% 9,039 60 2,408,458 1,846,726 76.68% ^ 237,396 139,532 58.78% 127,152 66,913 52.62% 7,500 6,517 2,033 31.20 371,065 -_215,978 _ 58.20% $2,779,523 $2,062,704 74.21% DEC 18 '89 11:47 CITY OF D" POINT CITY OF DANA POINT BUDGET VERSUS ACTUAL EXPENDITURES FOR THE FIVE MONTHS ENDED MAY 31, 1989 P.12 % ACTUAL ADOPTED AMENDED TO AMENDED BUDGET BUDGET ACTUAL BUDGET GENERAL FUND GENERAL GOVERNMENT: $518,242 Personal services: -Salaries and-Contract Labor Benefits Operations and Maintenance: - - Professional Services Office Rentals Travel/Meetings Dues/Other Insurance Capital Expenditures -Office Equipment Computer Hardware/Software Vehicles Contingency TOTAL GENERAL GOVERNMENT PLANNING: BUILDING: ENGINEERING/PUBLIC WORKS: TOTAL GENERAL FUND EXPENDITURES ROAD FUND Administration 181,765 123,231 67.80% 37,540 12,038 32.07% 219,305 135,269 61.68% 240,000 178,505 74.38% 61,550 37,378 60.73% 30,600 27,854 91.03% 22,000 16,468 74.85% 9,000 16,503 183.37% 91,700 000 44 ----43_533- 98.94% 91,700 _ - 407,150 320,241 78.654 38,623 10,955 28.36% 32,223 24,562 76.234 16,000 31,850 -86,846 35,517 40.908 10,000 641,792 723,301 491,027 - 67.89$ -39,812 - r--39.812- 10,433 - 26.215 36,068 36,068 0.00 47,090 090 47 --`8,164- 17.345 - -764,762 _ 846,271 509,624 60.22` =won== s z i! R t= $8,000 $8,000 0.00 sls==assr,sacciiytsm==ssASS===aiY. T~'r 18 fe9 it;4i C'TTY OF v"' `q PATNT P. j v~ u AGENDA REPORT DATE: MAY 23, 1989 TO: `CITY MANAGER/CITY COUNCIL FROM: MARY JANE HENRY, INTERIM FINANCE DIRECTOR SUBJECT: AMENDMENT TO THE 1989 FISCAL YEAR BUDGET RECOMMENDATION: That the City Council adopt the budget amendment outlined on the attached analysis of the 1989 City budget and expenditures for the three months ended March 31, 1989. The net budget adjustment is $46,685. DISCUSSION: The attached analysis details the City's adopted, amended and internal budgets for the fiscal year ended June 30, 1989 as compared to actual expenditures for the three months ended March 31, 1989. The adopted and amended budgets are those budgets which the City Council has legally set for the City. The internal budget was established by staff as a management tool to monitor the City's progress toward meeting the budget objective. Ooeasionally, it is necessary to adjust the adopted or amended budget when experience does not meet expectation. In reviewing the .attached analysis, you will note that the primary adjustments to the City budget are legal fees and the City vehicle. The City vehicle is necessary to carry equipment for City council meetings and to provide transportation for City business for Council, Commissions or Staff. The adjustment to legal fees primarily results from the attorney's work on the local coastal plans, slope issues and assistance with the City Clerk duties prior to the recruitment of the City Clerk. Actual insurance premiums were significantly less than expected and the proposed budget amendment revises this expenditure item downward. The reduction in budgeted salary expenditures is offset by the proposed budget amendment to temporary help and consulting fees required to maintain basic City administration. Based upon the foregoing discussion and our analysis of the 1989 budget versus actual expenditures for the three months ended March 31,' 984, Staff recommends that Council adopt the proposed amendment increasing the City budget by $46,685. FISCAL IMPACT: To amend the budget for the fiscal year ended June 30, 1989 by $46,688. ATTACHMENTS: Analysis of the 1989 Budget versus Actual Expenditures for the Three Months Ended March 31, 1989. 5 OFF 1F3 1 89 1'~» 44 CITY OF, I)p"n POINT CITY OF DANA POINT SECCND BUDGET AMENDMENT FY 1989 SECOND PROPOSED EXPENDITURES RATIO OF ADOPTED AMENDED INTERNAL AMENDED AMENDMENT, AS Of BALANCE EXPEND:70.7S CR (DECK) 3/31199 (AMENDED) TO 2ND A?ENO I BU06ET BUDGET BUDGET N BUDGET 01-20-40 PERSONAL SERVICES . 300.90 Ca 96 99- 142 6,690.00) 27,364.00 69,235.:^. 26.10%(1) 401 SALARIES , , . 00 14,%%5.04 506 6 7,944.30 3,187.OC 11,258.0 22.05%(2) tOS RETIREr' . 1 2,073.00 1,396.00 (677.00) 1,39b.00 O. COi iG% 36 tit FICA 1.0% 400.00 2 3,'.50.00 750.00 1,20G.OG 1,950.OC . 415 AUTO 1 890.00 1 11500.00 (390.40) 0.00 1,506.00 0.00% 420 LIFE 1 000.00 3 3,000.00 0.00 11500.00 1,570.00 5D.77% 421 DISABiL!TY ' , 31009.00 31000.00 0.00 2,119.0C 811.0r, 70.63% 13%(3 1 COMP 122 UORKERS 100.00 500.00 500.30 71.00 529.00 . 1 50%1 3) 2 423 DENTAL INSURANCE 10.00 40.00 30.00 5.00 35.07 1 . 1 64%(3) 13 424 VISION INSURANCE 217C5.flC 2,705.00 0.00 319.00 2,3:6.0: ,111 . 425 MEDICAL INSURANCE 0.00 7,704.00 7,70:.00 0.00 4.00 71 429 ERR LEAVE 73,400.0 85,465.00 12,065.00 38,069.00 47,396.OC 129 TEMPORARY HELP 01-20-42 OPERATIONS/MAINTENANCE 8 000.00 .1151V10.00 0.00 0.00 3,700.00 0.70% 1 433 FIDELITY BONDS 1 30 000 3 9,000.00 6,000.00 2,894.00 6,106.00 .6 32. 440 TELEPHONE . , M OC 800.00 0.00 149.06 651.00 18.53% 445 MESSENGER D 000 2 2,000.00 0.00 326.00 1,674.OC 16.3 430 REPAIR 6 MAINTENANCE . 1 500.00 1 $00.+00 (1,000.00) 325.00 175.00 455 MAINTENANCE SUPPLIES , 0CO 12 12,000.00 0.00 8,480.00 3,320.00 70.67% 460 OFFICE SUPPLIES . , 00 5400 5101-0.00 0.00 1,718.00 312°.2.00 31.36% 462 OUTSIDE PRINTING . 300.00 4 41300.00 0.00 4,285.00 15.OG 99.65% 463 LEGAL DOCUMENTS 1 u OGC $ 5,000.00 0.00 61511.00 1,41.9.0'! 81.39% 664 DUE! . I 31 001 1 1,00-5.00 0.00 221.00 772.00 22.10% IONS S 46 . , 00 000 2 2,000.00 0.00 761.00 1,239.00 31.05% AGE POSTAGE 465 5 PO . 1 00 250 1,280.00 11,000.00 106.07 1,144.00 !.41% 469 BANK ffE: . 9,000.0^ 91000.06 0.00 3,776.00 5,22.0= 9E, %(5) 32 41tI 470 RENT - FURNITURE 2C0.00 2 6,600.00 4,400.DO 2,139.70 4,46..00 . % 01 ; 471 RENT - OFFICE , 15,O:C.Ofl 15,OOC.00 0.00 6,159.00 6,'_4:.00 t . 1 5 GO% C 472 RENT - EOUIPMENT 500.CD 500.00 00 L . 173 UTILITIES 01- OG0 3 030.00 3 0.00 483.00 2,517.00 16.0 474 SMALL TOOLS . , 0c 000 2 , 11300.00 (1.000.00) 460.00 St0.03 46.00% 476 TEMPORARY SIGNS . 1 9,000.30 9,000.00 0.30 0 9,000.03 0G t39 43 56.56% W 477 PER S16N5 A 56,!66.0: 100,000.00 43,434.00 $6,561.0 100 . , 00 545 23 %,1 : 8 AL 478 LEG 101,451.00 125,400.00 23,342.00 101,455. . , 99 0 ; i: 7 3.% 479 CONSULTING 480 OTHER SERVICES 1S,OOO.DG 0 15,000.00 00 000 6 0.00 300.00 1 11,006.00 4,110.00 3, 1,690.00 68.50% - PERSONNEL ADS 482 4,200.0 00 150 . , 1,200.00 , 1,050.00 115.00 055.00 1, 12.0d% PUB - NOTICES 483 . 09 000 10 10,000.00 0.00 056.00 5,44.00 63.5 1% tat T ?RAVEL TRAVEL . , 750.00 6 12,000.00 3,250.00 7,864.00 4,13.07 65.5„ 00% 485 INAUGURAL AND MEETINGS , 1,000.00 1,000.00 0.00 90.100 9:0.00 00 000 10 9. 0.00% 486 MILEAGE 10,000.00 1G,OOD.00 . , CONTINGENCY 00 518,242.00 242 00 $18 $92,455.00 74,213.00 300.671.00 _91.766.00 50.75 _ GOVERNMENT 518,2 GENERA . , 42. - - - 700.00 69 43,500.00 (46,200.0 43,500.00 O. DO 100.00 6 60% 431 LIABILITY INSURANCE , 2,000.00 $00.00 (.,500.00) 33.00 46 00 . 132 PROPERTY INSURANCE - ' - + - 91 7 _ ---00 91,700......... 00 91,700.00 00 _ 000.00 - 4t, (17,700.00) 13,533,00 167.00 95.94% - , INSURANCE . DEC IS 199 11:44 CITY OF DANA POINT C!TY OF DANA POINT SECOND BUDGET AMENDMENT PY 1989 P.6 SECOND PROPOSED EXPENDITURES RATIO 0 ADOPTED AMENDED INTERNAL AMENDED AMENDMENT NCR (DECR) AS OF 3/31119 SALANCE EXPENDITURES (AMENDED) TO 2N0 ArEND BUDGET BUDDED SUCSET BUDGET I 01-20-44 CAPITAL EXPEND 0.00 0.00 0.02 0.00 0.10 05% 26 490 OFFICE FURNITURE T 38,623.00 38,623.00 33,623.x0 0.00 10,062,0, 28,561.00 1 . 32.171 3 492 494 OFFICE EQUIPMEN COMPUTER HARDWE 24,566.00 24,566.00 2i,566.00 00 0.00 00 172 4 7,902.0: 172.00 4 3,4,:,40 2.19% 496 COMPUTER SDF79ARE 3,485.00 3,615.00 7,651. 16,000.00 , . 16,000.00 , :6,000.00 cal vetiltLES 66,674.00 , 0 00 66 ° 96,146.00 20,172.00 22,136.00 64,710.00 25.49% = CAPITAL 50. 31 00 372!,30:.00 616 00-$676 6 $46,685.00 $366,340.00 $366,961.00 $0.65% t , 1641,792.00 . , . 1676,61 :=::zsiYasixSaz===_=__ : (i) The reduction in salary expense is offset by the increase ir. payments to ttspcrary personne: and consultants required to maintain basic City adminis_ratian. sararycbudget~tion to the (2) The amendment torerementreflects PERS) basedconuthefamerCedCity's Public Employees' eLi (3) Prasiuos for health bent`.its have not yet been estaolisnea. Amounts are estimates based an on a percentage of salary. Earned leave is eight percent of total salary based on a have accrual of 13 days per rear. (S) Amount represents office rent for City annex. (6) Additional legal fees result from assistance given to staff chile the City operated ~it~out I plan and Slope City Clerk and th!ir work on the local coasta~ssu~s. ? MOTMT r j;ITIf OF DANA ?0IN7 AGENDA REPORT DATE: APRIL 25, 1989 TO: CITY COUNCIL FROM: WIM~~ ANE TALLEY, CITY TREASURER AND HENRY, INTERIM FINANCE DIRECTOR FOR: CITY COUNCIL MEETING OF APRIL 25, 1989 SIIBJECT: CITY TREASURER'S MONTHLY REPORT, MARCH, 1989 That the city council eceive of March, 1989. City Tr&asur eas~ur•rOs~ Monthly Report for the month r city DISCUSSION: A monthly report to the City Council regarding a City's investment portfolio is required as part of Government Code Section 53646. In addition, a monthly report from the City Treasurer regarding receipts, disbursements Tand fund balances he accompanying is required by Government Code Section 41004. report for March, 1989, meets both of these Government Code requirements. LJ FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Monthly Report, March, 1989. MJH/lw IR0389 .IrtM 5.(P DEC 18 189 11:42 CITY of DRtNA POINT P.3 Qty of Dana Point City Treasurer's Report For the Mmth ended March 31, 1989 Cash Activity for the Mmth Cash and Investments as of 2/28/89 5326,323.98 Cash Receipts 567,784.20 Cash Disbursements (106,482.63) Cash and Investments as of 3/31/89 S787,625.55 (1) Cash and Investment Portfolio as of March 31, 1989 Institution Yield Maturity Balance C W-)dng Security Pacific Banc; NA (18,767.61) Horizon 'h easu y Fund SPB/Ccmcord Financial 8.69 N/A 400,674.00 Local Agency InvesUmt Fund Various 8.76 N/A 300,000.00 Certificate of Deposit Glendale Federal 9.5 (3) 100,000.00 Receipts on site N/A N/A 5,619.16 Petty cash N/A VA 100.00 $787,625.55 (1) Includes developer deposits of $16,433. (2) Book balance. (Bank balance less outstanding checks plus deposits in transit.) (3) Interest rate. CITY OF TEMECULA CITY MAI lfiGEkS REPORT AB# TITLE: MTGCI-~3-yo DEPT C_ ~vZ TRAFFIC IMPROVEMENTS DEPT HD. CITY ATTY CITY MGR _L RECOMMENDED ACTION It is recommended that the City Council appoint a traffic committee to review proposals to improve traffic movement over the I-15 bridges. BACKGROUND On December 26th on motion of Councilmember Munoz, the City Manager was instructed to contact various County and State agencies to come up with recommendations on how we could improve traffic movement over the I-15 freeway bridges at Winchester Road and Rancho California Road. Contacts were made with the California Highway Patrol, the Traffic Division of the County Road Dept., the Traffic Committee of the Chamber of Commerce and CalTrans. All parties indicated a desire to come up with some specific improvement programs that would help alleviate traffic congestion. There were various recommendations made which included re-striping Winchester Road, placing temporary moveable traffic signals on the bridges, and placing traffic control officers on the bridges during rush hours. The one recommendation they all seemed to favor was the CHP recommendation that off- duty officers attempt manual direction of traffic on the bridges. All parties felt that there were also other potential improvements that could be made in the short term that would improve traffic movement. My feeling is that there are a number of things that could be accomplished in the short run that would make a significant improvement in the traffic movement. The problem is analyzing these various suggestions and working out a coordinated plan and budget to accomplish the goals that the City Council has. It seems that the best approach would be to appoint an interim committee to review the various recommendations and work out the details and then to come back to the Council with a specific game plan and budget. The County Road Dept./Traffic Division has agreed to coordinate the staff work for such a committee assignment if requested by the City Council. FISCAL IMPACT The CHP cost for providing off-duty highway patrolmen for traffic control would range from $460 to $1,100 per day. The fiscal impact of other recommendations and the time required to implement suggestions made is not known at this time, but would be part of the task assigned to a traffic committee. cffRpt\012390.013 -1- 01/18/90 5:27pn TRAFFIC CONGESTION RELIEF PLAN designed for City of Temecula During the past year, the Temecula area has experienced a dramatic rise in traffic flow on the two major traffic arteries over the 1-15 Freeway connecting the east and west sides of the City. The two major highways are Winchester Road (S/R 79) and Rancho California Road. The addition of stop signs on both overcrossings to alleviate freeway off-ramp traffic have also appeared to exacerbate the congestion during peak commute traffic hours, causing traffic to back-up to nearby intersections and create near- gridlock conditions. Morning commute traffic on Winchester Road appears to be heaviest travelling westbound. Stop and go traffic on Winchester Road starts east of Ynez Road and continues past the I-15 Freeway overcrossing to Jefferson Avenue. A ripple effect causes traffic to also back up on northbound Ynez Road from Winchester Road. Morning commute traffic on Rancho California Road appears to be equally divided. The heaviest traffic in both directions continues to be east of the freeway due mainly to the close proximity of Front Street and it's signalized intersection. Afternoon commute traffic on eastbound Winchester Road backs up from the I-15 Freeway overcressings to several blocks west of Jefferson Avenue. As the result of northbound traffic on Jefferson Avenue making right turns onto eastbound Winchester Road during left turn phases, near gridlock has developed on eastbound Winchester Road west of Jefferson Avenue. Vehicles entering Winchester Road -rom parking lots and side streets ado to this congestion. Afternoon commute traffic on eastbound Rancho California Road backs up from the freeway overcrossings to west o_ Diaz Road. 't'raffic on north and southbound Front Street also backup fcr some distance due to the congestion on Rancho California Road between Front Street and the overcrossing. Traffic on Rancho California Road east of the freeway is usually- free :low The intersection of Ynez Road and Rancho California Road has little traffic congestion during commute traffic hourE. A study of the traffic patterns on the two congested highways by this Department has revealed that the optimum solution would be the replacement of the stop signs at the two overcrossings with synchronized traffic signals. This would allow a much larger volume of traffic to move unrestricted through the problem areas. As a short term solution until signals are installed, the following action plan is recommended. ACTION STEPS A. Traffic Direction 1. Provide traffic direction at the following locations during peak traffic hours. a. Winchester Road at s/b 1-15 off-ramp. b. Winchester Road at n/b I-15 off-ramp. C. Winchester Road at Ynez Road. d. Rancho California Road at s/b I-15 offramp. e. Rancho California Road at n/b I-15 offramp. B. ROADWAY MODIFICATIONS 1. Winchester Road. a. Create additional westbound traffic lane on Winchester Road from Inez Road to west of I-15. b. Add additional left turn lane on westbound Winchester Road at Jefferson Avenue. By utilizing a split phase signal, the lane would be designated as an optional through traffic lane. 2. Front Street. a. Add additional left turn lane from southbound Front Street to east bound Rancho California Road. b. Lengthen present left turn lane from southbound Front Street to eastbound Rancho California Road. 3. Rancho California Road. a. Create right turn only traffic lane on eastbound Rancho California Road at I-15 southbound onramp. b. Create right turn only traffic lane on westbound Rancho California Road at I-15 northbound onramp. C. Lengthen left turn I-15 freeway access lanes on Rancho California Road. C. ADDITIONAL RECOMMENDATIONS 1. Reconditioning and repainting of all roadway markings in problem area. 2. Post additional "Right lane must turn right" signs and road markings on Front Street at Rancho California Road. 3. Post anti-gridlock warning signs. a. Rancho California Road at Front Street. b. Winchester Road at Jefferson Avenue. totate of Califomla•Business, Transportation and Housing Agency GEORGE DEUKMEJIAN, Govemor DEPARTMENT OF CALIFORNIA HIGHWAY PATROL RANCHO CALIFORNIA AREA 27685 Commerce Center Drive Temecula, CA 92390 (714) 676-0112 SPECIAL EVENT D A T E NAME OF COMPANY/CORPORATION/ORGANIZATION A D D R E S S A D D R E S S Attention: NAME OF PARTY RESPONSIBLE FOR PAYMENT In order to assure understanding of the. conditions under which the request for Departmental services.-hasabeen granted, the following statement of understanding, has be~ji,..prepared. Rancho California Area will make avarilable.one (1) California Highway Patrol member and one (1) vehicle on DAY, DATE, YEAR, to provide traffic control during a NAMEOF EVENT. The EVENT is to take place in the Temecula area of south Riverside County. The service is estimated to require approximately # hours of traffic officer time and travel to consist of approximately miles. Charges for California Highway Patrol services are approximately as follows depending on the pay scale of the personnel assigned to the detail. Cost Estimate: # hours @ $34.73 per hour $0000.00 # of hours @ $42.38 per hour automobile miles @ .28/mi. $0000.00 DEPOSIT TOTAL $0000.00 Appropriate charges will be made for Departmental supplies expended, additional equipment utilized, damage to uniforms or property repaired or replaced at State expense, etc. which are directly related to the services provided. An invoice for reimbursement will be issued within 30 days of the termination of services. Any amount due beyond the initial deposit should be made directly to the California Highway Patrol, Accounting Section, P.O. Box 898, Sacramento, CA 95804. Any cancellation by you for this service after 1600 hours on the day preceding the requested service may result in a charge of four hours call-back time for each officer assigned. No additional gifts, donations or gratuities may be accepted by California Highway Patrol employees in their own behalf or on behalf of the Department, informal squad fund or other local funds. Please sign and return the original of this letter. You may retain the duplicate for your records. Very truly yours, RALPH S. LIMON, Captain Commander Rancho California Area Authorized Signature OFFICE OF ROAD COMMISSIONER & COUNTY SURVEYOR L ttllll 1 of I11e'~ rgl~P r< ROAD AND SURVEY DEPARTMENT LeRoy 0. Smoot ROAD COMMISSIONER & COCNiY SURVEYOR January 16, 1994 Mr. Frank Aleshire City of Temecula P.O. Box 3000 Temecula, CA 92390 RE: Traffic Congestion Winchester/Jefferson, Winchester A-15, F' . COUNTY ADNLl4emTra CL,\Tu .%WLIK ADDRESS: Po. box logo RIVERSIDE, CAUTORNIA 9250; (7t4) 787.0554 at Winchester/Ynez Road and Rancho California Road/I-15, Rancho California Road/Ynez Road Dear Mr. Aleshire: The Riverside County Road Department Transportation Planning staff has reviewed the concern for the traffic congestion at the above locations. After discussing mitigation measures that could be implemented quickly; such as, temporary traffic signals, striping, and uniformed traffic control officers, the consensus of staff opinion is that uniformed traffic control officers could be implemented the most expeditiously. Both temporary traffic signals and striping would require the review and permitting by the California Department of Transportation, which would probably take a significant amount of time to process. It is the staff's recommendation that, should the City Council desire to implement measures to try to improve traffic flows in the area, that uniformed traffic control officers be used. If you have any questions about putting this recommendation into operation, please call Richard Barrera, Traffic Engineer for the Riverside County Road Department, Traffic Division, at (714) 787-6549. Sincerely, awrence A. Toerpar Road Division Engineer LAT:jw COUNTY ADMINISTRATIVE CENTER • 4080 LEMON STREET • RIVERSIDE, CALIFORNEA 92501 . ~ 1g90 Yti~ D LPN January 10, 1989 RANPAC ,K: ENGINEERING CORPORATION Land Planning • Civil Engineering • Surveying Mr. Frank Aleshire Temecula City Manager P.O. Box 3000 Temecula, CA 92390 SUBJECT: TEMECULA VALLEY CHAMBER OF COMMERCE TRANSPORTATION SUBCOMMITTEE Dear Mr. Aleshire: As I mentioned on the phone our transportation subcommittee is quite busy and would like to assist the city in any way we can. First off, we have five (5) members of the traffic subcommittee and the growth awareness committee of the Temecula Valley Chamber of Commerce that have expressed an interest to serve on a traffic advisory committee for the city of Temecula if the city would so desire. Their names are attached with an extract from the traffic engineering for small cities and counties, a pamphlet from the Automobile Club of Southern California which describes traffic advisory committees and their composition. Enclosed is a summary of significant events of 1989 for the Growth Awareness Committee of the Temecula Valley Chamber of Commerce with items highlighted that you may interested in that affect the city transportation. Additionally, the traffic subcommittee for the Growth Awareness Committee is now making its project to study an alignment for a corridor around the western side of the city to alleviate the congestion in Old Town. As I mentioned on the phone the traffic subcommittee has contacted Caltrans to request the striping on the Winchester interchange to be revised so that there are two (2) lanes in the west bound direction, a copy of which is attached. As I mentioned in my phone call, I'm enclosing a letter from Norm Thomas that explains the possible cost savings to the city of Temecula due to assessment district 159 possibly having to remove the monument sign on the south side of the city. The assessment district would pay for its replacement and the name of Temecula could be added to the monument. 27447 Enterprise Circle West Ibmecula, CA 92390 USA TEL 714 676-7000 FAX 714 676-8527 Formerly Rancho Pacific Engineering Corporation Temecula Valley Chamber of Commerce Transportation Subcommittee January 10, 1990 Page 2 Also as I mentioned on the phone, Ranpac Engineering is deeply involved with the improvement of the transportation infrastructure in the community by virtue of being the design engineer for the assessment district 161 (Winchester Assessment District), Assessment District 159 (Rancho Villages Assessment District), the Airport Business Park, and possibly the Clinton Keith corridor district. We would be glad to provide an update on these districts to you and/or the city council at your convenience. Enclosed is the design concept for the Winchester interchange. There are no monies assigned to do the finish design or the construction of this interchange at this time. Hopefully, Bedford's Mello Roos, Rancon's CFD, Winchester Assessment District (AD 161), and the Airport Business Park (CFD) could combine to provide the funds for this badly needed interchange. If you have any other questions or comments feel free to give me a call. Sincerely Yours, Chuck Collins Project Manager CT:bm cc: Norm Thomas Perry Peters b J C.~ ~~1 n•Y~S o'V1 u. 1 rS S "CS ,1 =v-T DLL! '14 ~1s -k-- bm/memo.gen/aleshire/a: ~GU LA V,9 niumu nt ref . muus nt rm kt 1 ~R nI= C.O November 15, 1989 Mr. Ken Steele Department of Transportation District 8 247 West 3rd Street P.O. Box 231 San Bernardino, CA 92402 Subject: Winchester Road Interchange at I-15 Dear Mr. Steele: The Growth Awareness Committee of the Temecula Valley Chamber of Commerce would like to thank Caltrans for installing the stop signs on Winchester at the I-15 on and off ramps. These signs have provided those intersections with much needed safety improvement. However, the newly erected stop signs on the east side of the freeway for westbound traffic have resulted in a great deal of congestion since there is only one lane for westbound traffic over I-15 to Jefferson. Traffic thus backs up to, and sometimes beyond, Ynez. Some drivers try to circumvent the one lane by driving in the right hand lane, which is striped for entry to the freeway, then cutting into the left lane at the stop sign. Also vehicles trying to enter Winchester from the shopping mall on the north side have great difficulty entering the single lane of westbound traffic. We have studied the situation and feel there is enough width to allow two lanes of westbound traffic across Winchester bridge, and have noted the enclosed topographic maps as a recommendation for a striping change. We request that you review our striping plan and implement it as soon as possible. Post Office Box 264, Temecula, CA 92390 (714) 676-5090 Winchester Road Interchange at I-15 Page 2 Again, we want to thank you for the new stop signs and we hope to work in cooperation with you in the future. Sincerely yours, 6h 616k Chuck Collins Chairman, Growth Awareness Committee CC/kd cc: Richard Barrera, Riverside County Traffic Committee Senator Marion Bergeson .e ' THE FOLLOWING MEMBERS OF THE TRANSPORTATION SUBCOMMITTEE OF THE GROWTH AWARENESS COMMITTEE OF THE TEMECULA VALLEY CHAMBER OF COMMERCE HAVE INDICATED A WILLINGNESS TO SERVE ON A TRAFFIC ADVISORY COMMITTEE FOR THE CITY OF TEMECULA: E. B. ADAIR Automobile Club of Southern California 450 West Stetson Hemet, CA 92343 (714) 652-6202 CHUCK COLLINS RANPAC Engineering 27447 Enterprise Circle, West Temecula, CA 92390 (714)699-3972/676-7000 CURT HAWKINS Hawkins & Robertson, Associates 29481 Rancho California Road Temecula, CA 92390 (714)676-2443 Knox Johnson Private citizen 29681 Avenida del Sol Temecula CA 92390 (714)676-3946 Jack Leathers Private citizen(Retired Civil Engineer) 29485 Rancho California Road Apt# 225 Temecula, CA 92390 ATTACHED IS AN EXTRACT FROM "TRAFFIC ENGINEERING FOR SMALL CITIES AND COUNTIES" FROM THE AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA, WHICH DESCRIBES THE DUTIES AND COMPOSITION OF A TRAFFIC ADVISORY COMMITTEE. L' traffic advisory committees The value of citizen advisory committees which assist in the development and implementation of various governmental services and programs is well recognized. Citizen traffic advisory committees can make valuable contributions to an organized traffic management program. As the term "advisory" implies, these committees are intended to function as review and advisory bodies on the subjects of traffic management and traffic control. These groups generally serve without compensation. Because traffic committee recommendations frequently involve the adoption of traffic control regulations, the committee should be formally established by local ordinance. Ordinance provisions relating to traffic committees should include membership, purpose, responsibilities, and functional procedures. A draft Model Ordinance approved by the League of California Cities is available upon request and is excerpted in Appendix C. City and county traffic committees offer a number of important advantages in the administration of a traffic management program: 0 They provide a non-biased third-party forum for hearing and responding to citizen requests. ® They relieve the stigma of arbitrary bureaucratic action. S They provide adequate time for thorough staff investigation and report. a They increase the opportunity for consistent treatment and response to similar problems. e They can remove emotional issues from the political arena. a They offer an opportunity for developing support or counter-arguments by all competing factions. a They afford the elected official an acceptable alternative to direct personal involvement in neighborhood conflicts, and still permit the flexibility to in- tercede when desired. a They guarantee review and acceptance of governmental policies and pro- cedures. a They can influence and support programs designed to improve the quality and efficiency of traffic management. © They can plan in advance for foreseeable crises. Among the most notable disadvantages are the time delays in completing the investigation, report, and response to agenda items and government propo- sals, in addition to the effort necessary to educate the committee appointees. The enabling ordinance, certain state statutes (notably in the Vehicle Code and in the Government Code), together with other local ordinances will provide the traffic advisory committee with its basic legal guidance for performing its assigned duties. t,. mmittee composition Committee members usually are selected to represent the community's diverse disciplines and viewpoints. An individual from each of the following groups could be included: • City/county traffic or street engineering staff member. • Police department official. • City administrator or designated representative. • Citizen - business community representative. • Citizen - school district representative. • Citizen - residential homeowner representative. • Local safety council or Auto Club representative. • Professional engineering representative from an adjacent outside governmental jurisdiction. One or more of the representatives listed above may be designated ex-officio, thus providing specialized viewpoints which presumably are unbiased. The terms of politically appointed citizens should be staggered to provide continuity and stability. It is important to recognize not only the committee's authority and responsibility, but the staff's collateral obligation to provide timely, complete, and accurate traffic survey data and information prerequisite to the committee's decision-making process. Traffic advisory committee members should therefore: • Assure themselves that a competent professional investigation has been made of each item. • Never hesitate to table an item having incomplete justification to support the recommenda- tion or proposal. • Refer to subcommittee or field inspection any agenda item in which the pertinent factors at issue are uncertain. A well-organized, knowledgeable citizen's traffic advisory committee, adept in the public hearing process and properly supported with competent staff input, will receive the over- whelming confidence and support of elected officials and the public alike. Its potential as an effective "buffer" should not be discounted in the current public-governmental relationship. Many community programs can be initiated by the traffic advisory committee to gain public support and improve governmental relations. These community programs include the following: a Accident surveillance program. 1 Bicycle route and safety education program. • Pedestrian safety surveillance. 2 Public information program. • Public transit improvement. ! Realistic speed zoning. I Safest school route plan. • Street name signing improvements. • Traffic con- trol inventory and inspection program. 0 Traffic signal priority ratings. • Truck route plan. TEMECULA COMMUNITY SERVICES DISTRICT A REGULAR MEETING CALL TO ORDER: ROLL CALL: PRESENTATIONS/ PROCLAMATIONS PUBLIC COMMENTS CSD BUSINESS 1. COD ANNEXATION FEE RECOMMENDATION: JANUARY 23, 1990 Lindemans, Moore, Munoz, Parks, Birdsall Adopt a Resolution entitled COD RESOLUTION NO. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ESTABLISHING A $1,200 PROCESSING FEE FOR ANNEXATIONS TO THE TEMECULA COMMUNITY SERVICES DISTRICT 2. CSA-143 IMPROVEMENT PROJECTS Presentation by Jeanine Overson on 2.1. Improvements to the Rancho California Sports Park. 2.2. Rancho California Sports Park retaining wall. ADJOURNMENT Special Joint Meeting with Temecula Unified School District Board and CSA Advisory Committee, February 6, 1990, location to be announced. Next meeting: February 13, 1990, 7:00 p.m., Temecula Community . Center, 28816 Pujol Street, Temecula, California CSD RESOLUTION NO. 90- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ESTABLISHING A $1,200 PROCESSING FEE FOR ANNEXATIONS TO THE TEMECULA COMMUNITY SERVICES DISTRICT. THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT does resolve, determine and order as follows: WHEREAS, The City of Temecula was incorporated on December 1, 1989, and WHEREAS, The Temecula Community Services District was formed out of CSA-143 on December 1,1989, and WHEREAS, from time to time it is necessary to annex property to the Temecula Community Services district, and WHEREAS, prior to the City of Temecula Incorporation, the County of Riverside, through LAFCO, processed said annexations and charged a processing fee of $1,200, NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Temecula Community Services District (CSD) that: SECTION 1. The Community Services District Manager is hereby authorized to have annexations to CSD processed for action by the CSD Board of Directors. SECTION 2. The CSD Board of Directors hereby establishes a $1,200 fee for processing annexations. PASSED, APPROVED AND ADOPTED this 23rd day of January, 1990. Pat Birdsall, resident I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Board of Directors of the Temecula Community Services District at a regular meeting thereof, held on the 23rd day of January, 1990 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEST: D. Aleshire, Secretary [SEAL] CITY OF TT'MF,C[.?I..,A CITY MANAGER'S REPORT AB# TITLE: MTG • DEPT C,M CSD-ANNEXATION FEE DEPT HD. CITY ATTY CITY MGR RECOMMENDED ACTION It is recommended that the Board of Directors adopt a resolution levying a $1,200 fee for processing annexations to CSD. BACKGROUND New subdivisions in the City are required to annex to Temecula Community services District. Arrangements have been made with CSD staff to process the annexations and give them to the CSD Board of Directors for action. Prior to incorporation, LAFCO charged $1,200 for each processing. LAFCO can no longer do the work. There will probably be about three (3) annexations per month. The $1,200 fee is the amount estimated by LAFCO as the value of staff time for proc?ssing. cn,Rpt\012390.012 1 01/08/90 3:56m