HomeMy WebLinkAbout120189 CC Agenda elh/AGD85150
TEMECULA CITY COUNCIL
AGENDA
December 1, 1989
7:00 p.m.
Temecula Community Center
28816 Pujol Street
Temecula, CA 92390
1.CALL TO ORDER - County Supervisor Kay Ceniceros
2. INVOCATION - Reverend Steve Struikman, Pastor, Rancho
Community Church
3.PRESENTATION OF COLORS - Boy Scout Troop No.
4.PLEDGE OF ALLEGIANCE TO FLAG - Jimmy Moore, Chairman,
CityCommittee
NATIONAL ANTHEM - Sung by Kevin Walsh, accompanied by
Margaret Bird
5. ADMINISTRATION OF OATHS OF OFFICE TO COUNCILMEMBERS -
Municipal Court Judge Arjuna (Vic) Saraydarian
6.ELECTION OF MAYOR
At this time the Temporary Chair, Supervisor
Ceniceros, will entertain motions from the City
Councilmembers to select the Mayor to preside until the end
of calendar year 1990. After the Mayor has been elected by
majority vote of the City Council, the Temporary Chair will
relinquish the chairmanship to the Mayor.
7.ELECTION OF MAYOR PRO TEMPORE
At this time the Mayor will entertain motions from
the City Councilmembers to select the Mayor Pro Tempore who
will assume the duties of the Mayor in the Mayor's absence
and will hold this office until the end of calendar year
1990.
8.REMARKS AND INTRODUCTIONS BY MAYOR AND COUNCILMEMBERS
9.SPECIAL PRESENTATIONS
Frank K. Johnson, Riverside County Registrar of
Voters
RECESS
elh/AGD85150
CALL TO ORDER - Mayor
BUSINESS NEETING
10.ORAL COMMLTNICATIONS (Total Time: 15 minutes)
This is the time for oral comments by any person
wishing to address the City Council on any matter within its
jurisdiction, whether or not on the agenda. The time for
such comments is limited to 2 minutes per speaker and 15
overall. When the item spoken to is not on the agenda, the
Council is not able to take action but may be referred to
City staff for placement on a future agenda.
ii.Resolution 89-1: Appointment of City Clerk
12. Resolution 89-2: Appointment of Interim City Manager
13.Resolution 89-3: Appointment of City Treasurer
14.Resolution 89-4: Appointment of City Attorney
15.Resolution 89-5: Requesting that the County of
Riverside to Continue to Provide Various Services
Through June 30, 1989
16.Ordinance No. 89-1: Adopting By Reference the
Riverside County Code as City Ordinances for 120 Days
17.Ordinance No. 89-2: Setting the Date, Time and
Location of City Council Meetings and Other Operating
Procedures for the Council
18.Ordinance No. 89-3: Establishing the Office of City
Manager
19.Ordinance No. 89-4: Appointing the City Council as
the Planning Agency
20.Ordinance No. 89-5: Imposing a Sales & Use Tax to be
Administered by the State Board of Equalization and
Providing Penalties for Violations
21.Ordinance No. 89-6: Establishing a Special Gas Tax
Street Improvement Fund
22.Ordinance No. 89-7: Transferring Assessment and Tax
Collection Duties to the Riverside County Assessor
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elh/AGD85150
23.Ordinance No. 89-8: Adopting a Documentary Transfer
Tax
24.Ordinance No. 89-9: Setting the Location of City
Council Meetings
25.Ordinance No. 89-10: Changing the Municipal Election
Date to the Same Date as the Statewide General
Election
CONSENT CALENDAR
The following Resolutions may be adopted by single
motion.
26.Resolution 89-6: Designating Locations for Posting
Ordinances and Resolutions
27.Resolution 89-7: Establishing a Mailing Address
28.Resolution 89-8: Adopting a Form of City Seal
29.Resolution 89-9: Authorizing Filing Documents with
State and County Offices and Officers
30.Resolution 89-10: Requesting the Highway Patrol to
Continue to Provide Traffic Enforcement within the
City
31.Resolution 89-11: Authorizing the Mayor to Execute an
Agreement with the California State Board of
Equalization Providing for State Administration of
Local Sales & Use Taxes
32.Resolution 89-12: A Resolution of the City of
Temecula Authorizing the Mayor and City Clerk to
Prepare, Execute & File the Boundary Creation
Statement and ordering Utilization of the County
Assessment Roll
33.Resolution 89-13: Authorizing the City Manager to
Purchase Insurance
34.Motion Approving Letter to President of United States
Pledging Support in the War on Drugs
35. ADJOURNMENT to meeting of the Temecula Community
Services District
This City Council is adjourned to Tuesday,
December 12, 1989, at 7:00 p.m. at 28816 Pujol Street,
Temecula
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elh/AGD85150
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA
December 1, 1989
7:00 p.m.
Temecula Community Center
28816 Pujol Street
Temecula, California 92390
1.Call to Order by Mayor
2.Oath to Office as Community Services District members
3. Election of President and Vice-President of Community
Services District
4. Resolution No. CSD-89-1 Requesting the County of
Riverside to Continue Providing Extended Services formerly
provided by its County Service Areas Through June 30, 1989
5. Resolution No. CSD 8-2 providing for the time and
place of its meetings
6.Adjournment
RESOLUTION NO. 89-1
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA APPOINTING THE CITY
CLERK
WHEREAS, the City of Temecula, California was
incorporated on December 1, 1989, as a general law city of
the State of California; and
WHEREAS, it is necessary that a City Clerk be
appointed immediately in order that the affairs of the City
may be properly administered; and
WHEREAS, it is the intention of the City Council of
Temecula to appoint Frank Aleshire as City Clerk of the City
of Temecula.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA DOES RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
Section 1. Frank Aleshire is hereby appointed City
Clerk of the City of Temecula.
ADOPTED AND APPROVED this day of December,
1989.
Mayor
ATTEST:
City Clerk
ELH/INC84621
RESOLUTION NO. 89-2
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA APPOINTING AN INTERIM
CITY MANAGER
WHEREAS, the City of Temecula was incorporated on
December 1, 1989 as a general law city of the State of
California; and
WHEREAS, the City by ordinance has adopted a
Council/Manager form of government.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Frank Alshire is appointed to the
position of I terim City Manager on the following terms and
conditions.
APPROVED AND ADOPTED this day of
1989.
Mayor
ATTEST:
City Clerk
ELH/INC84621
RESOLUTION NO. 89-3
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA APPOINTING A CITY
TREASURER
WHEREAS, the City of Temecula was incorporated on
December 1, 1989, as a general law city of the State of
California; and
WHEREAS, it is necessary that a City Treasurer be
appointed immediately in order that the affairs of the City
may be properly administered;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
TEMECULA DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. Frank Aleshire is hereby appointed City
Treasurer of the City of Temecula to serve at the pleasure
of the City Council.
Section 2. The Acting City Treasurer will furnish
a corporate surety bond to be approved by the City Council
in such amount as be determined by the said City Council,
and it shall be conditioned upon the satisfactory
performance of the duties imposed upon the City Treasurer as
herein prescribed. Any premium for such bond shall be a
proper charge against the City of Temecula.
APPROVED AND ADOPTED this - day of
1989.
Mayor
ATTEST:
City Clerk
ELH/INC84621
RESOLUTION NO. 89-4
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA APPOINTING THE CITY
ATTORNEY AND ASSISTANT CITY ATTORNEYS
WHEREAS, the City of Temecula was incorporated on
December 1, 1989, as a general law city of the State of
California; and
WHEREAS, it is necessary for the efficient
operation of the affairs of the City that the City Council
appoint a City Attorney.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The firm of Burke, Williams & Sorensen
is hereby appointed as City Attorney. JERRY M. PATTERSON,
SCOTT F. FIELD and ELIZABETH L. HANNA, are hereby designated
as City Attorney representatives. The City Attorney shall
serve at the pleasure of the City Council, but shall be
given no less than sixty (60) days written notice of
termination.
Section 2. Reasonable compensation for legal
services and expenses shall be paid to Burke, Williams &
Sorensen. Compensation rates shall be establshed by the
City Council, and may from time to time be adjusted by
Minute Order of the City Council.
Section 3. The City Clerk shall certify the
adoption of this Resolution.
APPROVED AND ADOPTED this day
of 1989.
Mayor
ATTEST:
City Clerk
ELH/INC84621
RESOLUTION NO. 89-5
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA REQUESTING CONTINUATION
OF SERVICES BY THE COUNTY OF RIVERSIDE
WHEREAS, the City of Temecula was incorporated on
December 1, 1989, as a general law city of the State of
California; and
WHEREAS, Section 57384 of the Government Code of
the State of California provides for the continuation of
services by the County to the area of the County which is
now the City of Temecula.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
TEMECULA RESOLVES AS FOLLOWS:
Section 1. The Board of Supervisors of the County
of Riverside is hereby requested to continue to furnish to
the City of Temecula services furnished prior to
incorporation to the area of the County which is now the
City of Temecula. It is further requested that said
services be furnished for the remainder of the current
fiscal year or until the City Council requests
discontinuance of a service or services, whichever first
occurs.
Section 2. The City Manager is directed to deliver
a copy of this Resolution to the Clerk of the Board of
Supervisors of Riverside County.
APPROVED AND ADOPTED this day of
1989.
Mayor
ATTEST:
City Clerk
ELH/INC84621
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---- - ----------------
ORDINANCE NO. 89-1
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TEMECULA, CALIFORNIA, ADOPTING
THE RIVERSIDE COUNTY CODE AND OTHER
RELEVANT NON-CODIFIED RIVERSIDE COUNTY
ORDINANCES AS CITY ORDINANCES FOR A
PERIOD OF ONE HUNDRED TWENTY DAYS AND
DECLARING THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES
ORDAIN AS FOLLOWS:
Section 1. Pursuant to the Provisions of Section
57376 of the Government Code of the State of California, all
ordinances of the County of Riverside, codified in the
Riverside County Code, and all other ordinances of the
County of Riverside, theretofore applicable and those
accompanying resolutions necessary to carry out such
ordinances, which ordinances set out the reasonable cost of
services to be provided, are hereby adopted as ordinances of
the City of Temecula and shall remain in full force and
effect as City Ordinances for a period of one hundred twenty
(120) days (March 31, 1990) from the effective date of this
ordinance, or until the City Council enacts ordinances
superseding them, whichever shall first in time occur.
Section 2. The following amendments are made to
the County of Riverside Ordinances referenced herein:
(a)Whenever "Board of Supervisors" or "Board" is used
in the Ordinance, it means the Temecula City
Council.
(b)Whenever "County" is used in the Ordinances, it
means the geographical limits of the City of
Temecula unless a different geographical area is
clearly indicated by the context.
(c)Whenever "County", "County of Riverside" or
"unincorporated Territory of the County of
Riverside" is used, it means the City of Temecula.
Section 3. No City Ordinance enacted within one
hundred twenty (120) days from the effective date of this
ordinance shall be deemed to supersede any County Ordinance
referenced herein unless the City Ordinance specifically
refers thereto and states an intention to supersede it.
ELH/INC84621
Section 4. This Ordinance is required by the
provisions of Section 57376 of the Government Code of the
State of California upon incorporation of a new city. This
Ordinance is therefore necessary for the protection of the
public health, welfare, and general safety and shall take
effect immediately upon its adoption as an urgency
ordinance.
PASSED, APPROVED AND ADOPTED this - day
of , 1989.
Ayes:
Noes:
Absent:
Mayor
ATTEST:
City Clerk
ELH/INC84621
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE Ss.
CITY OF TEMECULA
I,
City Clerk of the City of
, do hereby certify that the foregoing ordinance
No.was regularly introduced and placed upon its
firsreading at a regular meeting of the City Council on
the day of 1 19 . That thereafter,
said rdinance was duly adopted and passed at a regular
meeting of the City Council on the day of
, 19 , by the following vote, to wit:
AYES:COUNCILMEMBERS:
NOES:COUNCILMEMBERS:
ABSENT:COUNCILMEMBERS:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
ELH/INC84621
- - ---------
ORDINANCE NO. 89-2
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TEMECULA, CALIFORNIA, SETTING THE
DATE, TIME AND LOCATION OF CITY COUNCIL
MEETINGS AND OTHER OPERATING PROCEDURES
AND DECLARING THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of
Temecula finds that there is a need to adopt operating
procedures.
Section 2. 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.
Section 3. Presiding Officer.
A. City Council shall meet on the Tuesday after
the general municipal election and choose one of its members
as Mayor and one of its members as Mayor Pro Tempore. (Gov.
Code Section 36801.)
B. The Mayor, and the Mayor Pro Tempore, shall
serve a term of one year, or until a successor for each
position is chosen. Three affirmative votes shall be
required to choose or change the Mayor or Mayor Pro Tempore.
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. Code Section 36802.)
Section 4. Compensation.
A. Each Councilmember shall be entitled to a
salary in the amount of $300.00 per month. (Gov 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. Code Section 36514.5.)
ELH/INC84621
Section 5. Meetings.
A. Regular meetings of the City Council shall be
held on the second and fourth Tuesday of each month. Regular
meetings shall commence at 7:00 p.m. and adjourn at 10:00
p.m., subject to an adopted motion to extend the meeting.
Regular meetings shall be conducted at the 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.
Section 6. Rules of Procedure. The City Council
may, from time to time, adopt by resolution, rules of
procedure for the conduct of meetings. These resolutions
shall be compiled and maintained by the City Clerk and made
available to the public and to the City Council during every
meeting. (Gov. Code Section 36813.)
Section 7. Orderly Conduct.
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 officer 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.
Section 8. The City of Temecula has, on this'date,
become incorporated and there are no local laws or
ordinances to guide the operation of the City in its task of
protecting the public peace, health and safety of its
citizens. Therefore, the City Council finds and determines
that the adoption of this Ordinance as an Urgency Ordinance
is necessary for the immediate preservation of the public
peace, health and safety.
Section 9. This Ordinance shall take effect
immediately upon its adoption. The City Clerk shall certify
to the adoption of this Ordinance and cause it to be posted
in the three designated posting places.
ELH/INC94621
PASSED, APPROVED AND ADOPTED this day of
December, 1989 by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Mayor
ATTEST:
City Clerk
ELH/INC84621
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE Ss.
CITY OF TEMECULA
I, City Clerk of the City of
,, do hereby certify that the foregoing ordinance
No.was regularly introduced and placed upon its
firsreading at a regular meeting of the City Council on
the day of , 19 . That thereafter,
said rdinance was duly adopted and-passed at a regular
meeting of the City Council on the day of
1 19 , by the following vote, to wit:
AYES:COUNCILMEMBERS:
NOES:COUNCILMEMBERS:
ABSENT:COUNCILMEMBERS:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
ELH/INC84621
ORDINANCE NO. 89-3
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TEMECULA, CALIFORNIA ESTABLISHING
THE OFFICE OF CITY MANAGER AND DESCRIBING
THE DUTIES THEREOF AND DECLARING THE
URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS
FOLLOWS:
Section 1. Office of City Manager Created.
A. The office of City Manager is hereby created
and established.
B. The City Manager shall be the administrative
head of the municipal government under the direction and
control of the City Council and shall exercise those general
powers necessary for the efficient administration of the
city as well as those powers set forth in this Chapter.
C. The City Council and its members shall deal
with the administration of the City only through the City
manager. Except for purposes of inquiry, neither the City
Council nor a member of the City Council shall give orders
to the subordinates of the City manager.
Section 2. Appointment.
A. The City Manager shall be appointed by the
City Council wholly on the basis of the City Manager's
executive and administrative qualifications and ability.
B. The residence of the City Manager shall be
located so as to allow for the effective and timely
performance of the duties and responsibilities of the
position.
C.No person elected or appointed as a Council
member of theCity shall, subsequent to such election or
appointment, be eligible for appointment for City Manager
until one year has elapsed since such person has held the
position ofCity Council member.
D.The City Manager may appoint a City officer or
employee toserve as temporary City Manager. If required,
failing such an appointment, the City Council may designate
a temporary City Manager.
ELH/INC84621
Section 3. Removal. The City manager shall hold
the office at the pleasure of the City Council.
Section 4. Full Time Position. The City Manager
shall expend full time on the performance of the duties
enumerated herein and shall not take an additional
employment without the consent of the City Council.
Section 5. Compensation.
A. The City Manager shall receive such
compensation and expense allowances as the City Council
shall, from time to time determine and fix by resolution.
B. The City Manager shall be reimbursed for all
sums necessarily incurred or paid by the City Manager in the
performance of the City Manager's duties to include travel
on City business.
Section 6. 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.
Section 7. Duties, Responsibilities and
Authority. Th@duties, responsibilities and authority of
the City Manager shall be, without limitation:
A. To enforce all laws and ordinances of the
City;
B. To enforce all franchises, permits and
privileges granted by the City;
C. To appoint, remove, promote and demote all
department heads serving at the pleasure of the City
Manager;
D. To control, order and give directions to all
department heads;
E. To attend all meetings of the City Council,
unless excused therefrom;
F. To attend commission meetings upon the City
Manager's own volition or upon the direction of the City
ELH/INC84621
- - ----------
Council and to provide necessary secretarial and technical
staff to carry out functions of City Commissions, boards and
committees.
G. To recommend to the City Council the adoption
of such measures and ordinances as the City Manager deems
necessary;
H. To keep the City Council fully advised at all
times as to the financial conditions and needs of the City
and to furnish financial reports to the City Council;
I. To control the purchase of all supplies for
all departments or divisions of the City to include
submitting or recommending expenditures to the City Council;
J.To prepare and submit a proposed annual budget
and a proposedsalary plan to the City Council each year;
K.To investigate into the affairs of the City
and any department or division thereof, and into the proper
performance of any contract or other obligation pertaining
to the city;
L. To investigate all complaints in relation to
matters concerning the administration of the City to include
services maintained by public utilities in the City;
M. To supervise the use of all public buildings,
public parks, and all other public property which are under
the control and jurisdiction of the City and to perform such
other duties and exercise such other powers and authority as
may be delegated to the City Manager from time to time by
action of the City Council.
Section S. The City of Temecula has, on this date,
become incorporated and there are no local laws or
ordinances to guide the operation of the City in its task of
protecting the public peace, health and safety of its
citizens. Therefore, the City Council finds and determines
that the adoption of this Ordinance as a urgency ordinance
is necessary for the immediate preservation of the public
peace, health and safety.
Section 9. This Ordinance shall take effect
immediately after its adoption. The City Clerk shall
certify to the adoption of this Ordinance and cause it to be
posted in the three designated posting places.
ELH/INC84621
PASSED, APPROVED AND ADOPTED this day of
December, 1989 by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Mayor
ATTEST:
City Clerk
ELH/INC84621
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE Ss.
CITYOF TEMECULA
I, City Clerk of the City of
, do hereby certify that the foregoing ordinance
No.was regularly introduced and placed upon its
firsreading at a regular meeting of the City Council on
the day of , 19 . That thereafter,
said Ordinance was duly adopted and passed at a regular
meeting of the City Council on the day of
1 19 , by the following vote, to wit:
AYES:COUNCILMEMBERS:
NOES:COUNCILMEMBERS:
ABSENT:COUNCILMEMBERS:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
ELH/INC84621
ORDINANCE NO. 89-4
AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TEMECULA, CALIFORNIA,
APPOINTING THE CITY COUNCIL AS THE
PLANNING AGENCY
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of
Temecula, California, appoints itself as the Planning Agency
of the City of Temecula, pursuant to Govt. Code S 65100.
Section 2. The City of Temecula was incorporated
on December 1, 1989 and has no Planning Agency. Unless this
ordinance becomes effective immediately, there will be no
local Planning Agency to administer the zoning and planning
laws adopted by the City Council at its organizational
meeting. The administration of said laws by a local
Planning Agency is necessary to protect the public peace,
health and safety. This Ordinance is therefore necessary
for the immediate preservation of the public peace, health
and safety, and shall take effect immediately.
Section 3. This Ordinance shall be effective
immediately upon its passage as an Urgency Ordinance, in
that the City Council finds and determines that the adoption
of this Ordinance as an Urgency Ordinance is necessary for
the immediate preservation of the public peace, health and
safety because of the previously stated reasons set forth.
Section 4. The City Clerk shall certify to the
adoption of this Ordinance and cause it to be posted in the
three designated posting places.
ELH/INC84621
ORDINANCE NO. 89-5
AN ORDINANCE IMPOSING A SALES AND USE TAX TO BE
ADMINISTERED BY THE STATE BOARD OF EQUALIZATION
AND PROVIDING PENALTIES FOR VIOLATIONS
The City Council of the city of T e m e c u 1 a does ordain as follows:
Section 1. SHORT TITLE. This ordinance shall be known as the Uniform Local Sales and Use Tax Ordinance.
section 2. RATE. The rate of sales tax and use tax imposed by this ordinance shall be o n e p e r c e n t %
Section 3. OPERATIVE DATE. This ordinance shall be operative on Januar y 1 , 1 990
Section 4. PURPOSE. The City Council hereby declares that this ordinance is adopted to achieve the following, among
other, purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:
(a)To adopt a sales and use tax ordinance which complies with the requirements and limitations contained in Part
1.5of Division 2 of the Revenue and Taxation Code;
(b) To adopt a sales and use tax ordinance which incorporates provisions identical to those of the Sales and Use
Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations con-
tained in Part 1.5 of Division 2 of the Revenue and Taxation Code;
(c) To adopt a sales and use tax ordinance which imposes a tax and provides a measure therefor that can be ad-
ministered and collected by the State Board of Equalization in a manner that,adapts itself as fully as practicable to, and
requires the least possible deviation from the existing statutory and administrative procedures followed by the State Board
of Equalization in administering and collecting the California State Sales and Use Taxes;
(d) To adopt a sales and use tax ordinance which can be administered in a manner that will, to the degree possible
consistent with the provisions of Part 1.5 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting
city sales and use taxes and at the same time minimize the burden of record keeping upon persons subject to taxation
under the provisions of this ordinance.
Section S. CONTRACT WITH STATE. Prior to the operative date this city shall contract with the State Board of Equalization
to perlorm all functions incident to the administration and operation of this sales and use tax ordinance; provided. that it this city
shall not have contracted with the State Board of Equalization prior to the operative date, it shall nevertheless so contract and
in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract
rather than the first day of the first calendar quarter following the adoption of this ordinance.
Section 6. SALES TAX. For the privilege of selling tangible personal property at retail a tax is hereby imposed upon all retailers
in the city at the rate stated in Section 2 of the gross receipts of the retailer from the sale of all tangible personal property sold
at retail in this city on and after the operative date.
Section 7. PLACE OF SALE. For the purposes of this ordinance, all retail sales are consummated at the place of business
of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-State destination
or to a common carrier for delivery to an out-of-State destination. The gross receipts from such sales shall include delivery charges,
when such charges are subject to the Stale sales and use tax, regardless of the place to which delivery is made. In the event
a retailer has no permanent place of business in the State or has more than one place of business. the place or places at which
the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the State
Board of Equalization.
1 3
ST-527-A REV 3 (4-881
Section 8. USE TAX., An excise tax is hereby imposed on the storage, use or other consumption in this city of tangible
personal property purchased from any retailer on and after the operative date for storage, use or other consumption in this city
at the rate stated in Section 2 of the sales price of the property. The sales price shall include delivery charges when such charges
are subject to State sales or use tax regardless of the place to which delivery is made.
Section 9. ADOPTION OF PROVISIONS OF STATE LAW. Except as otherwise provided in this ordinance and except in-
sofar as they are inconsistent with the provisions of Part 1.5 of Division 2 of the Revenue and Taxation Code, all of the provisions
of Part 1 of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully
set forth herein.
SectioniO. LIMITATIONSONADOPTIONOFSTATELAW.InadoptingtheprovisionsotPartlofDivision2oftheRevenue
and Taxation Code, wherever the State of California is named or referred to as the taxing agency, the name of this City shall be
substituted therefor. The substitution, however, shall not be made when the word "State" is used as part of the title of the State
Controller, the State Treasurer. the State Board of Control, the State Board of Equalization, the State Treasury, or the Constitution
of the State of California; the substitution shall not be made when the result of that substitution would require action lo be taken
by or against the City, or any agency thereof rather than by or against the State Board of Equalization, in performing the functions
incident to the administration or operation of this ordinance; the substitution shall not be made in those sections, including, but
not necessarily limited to, sections referring to the exterior boundaries of the State of California, where the result of the substitu-
tion would be to provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible
personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain
subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or to impose this tax
with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax
by the State under the said provisions of that Code; the substitution shall not be made in Sections 6701, SM2 (except in the last
sentence thereo@, 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code; and the substitution shall not be made for
the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 or in the definition of that phrase
in Section 6203.
Section 11. PERMIT NOT REQUIRED. If a seller's permit has been issued to a,retailer under Section 6067 of the Revenue
and Taxation Code, an additional seller's permit shall not be required by this ordinance.
Section 12. EXCLUSIONS AND EXEMFRIONS.
(a) The amount subject to tax shall not include any sales or use tax imposed by the State of.California upon a retailer
or consumer.
(b) The storage, use.- or other consumption of tangible personal property, the gross receipts from the sale of which
have been subject to tax under a sales and use tax ordinance enacted in accordance with Pan 1.5 of Division 2 of the Revenue
and Taxation Code by any city and county, county, or city in this State shall be exempt from the tax due under this ordinance.
(c) There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of
tangible personal property to operators of aircraft to be used or consumed principally outside the city in which the sale is
made and_directly_a use ch ons@-pert@er the -author4ty-
.jod._Oxciu$iv lyin-Llie
--O- -.-. . - -of.su -air
of the laws of this state, the United States, or any foreign government.
(d) In addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code the storage,
use, or other consumption of tangible personal property purchased by operators of aircraft and used or consumed by such
operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensa-
tion under a certificate of public convenience and necessity issued pursuant to the laws of this state, the United States,
or any foreign government is exempted from the use tax.
Section 13. AMENDMENTS. All subsequent amendments of Part 1 of Division 2 of the Revenue and Taxation Code which
are not inconsistent with Part 1.5 of Division 2 of the Revenue and Taxation Code shall automatically become part of this ordinance.
This ordinance also shall be deemed to adopt by reference the provisions of Sections 7202 to 7203, inclusive. of the Revenue
and Taxation Code, as now in effect or as later amended, which are required to be included in this ordinance.
ST-527-A REV. 3 ("S) 1 4
Section 14. ENJOINING COLLECRION FORBIDDEN. No injunction or writ of mandate or other legal or equitable process
shall Issue in any suit, action or proceeding in any court against the State or this City, or against any officer of the State or this
City, to prevent or enjoin the collection under this ordinance, - or Part 1.5 of Division 2 of the Revenue and Taxation Code, of any
tax or any amount of tax required to be collected.
Section 15. PENALTIES. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misde-
meanor, and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment for a period of
not more than six months, or by both Such fine and imprisonment.
Section 16. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is
held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not
be affected thereby.
Section 17. EFFECTIVE DATE. This ordinance relates to taxes for the usual and current expenses of the City and shall
take effect immediately.
PASSED, APPROVED AND ADOPTED this day of December, 1989 by the following
vote, to wit:
AYES:
NAYS:
ABSENT:
----------------------------
Mayor of the
City of Temecula, California
ATTEST:
------------------------------
City Clerk
15
ST-5Z7-A REV 3 (448)
ORDINANCE NO. 89-6
AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TEMECULA, CALIFORNIA
ESTABLISHING A SPECIAL GAS TAX STREET
IMPROVEMENT FUND
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS
FOLLOWS:
Section 1. In accordance with Street and Highways
Code Section 2113 and in order to avail itself of the monies
available through Sections 2106 and 2107 thereof, there is
hereby created in the City Treasury a special fund to be
known as the "Special Gas Tax Street Improvement fund."
Section 2. All apportionments of such money shall
be deposited into the "Special Gas Tax Street Improvement
Fund."
Section 3. This Ordinance relates to taxes for the
usual and current expenses of the City and will take effect
immediately upon its adoption. The city has just been
incorporated and has no funds whatsoever to provide for
police powers of the City. This Ordinance is therefore an
Urgency Ordinance for the immediate preservation of the
public peace, health and safety.
Section 4. The City Clerk shall certify to the
adoption of this Ordinance and cause copies of this
Ordinance to be posted in the three designated posting
places.
PASSED, APPROVED AND ADOPTED this day of
December, 1989 by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Mayor
ATTEST:
City Clerk
ELH/INC84621
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE Ss.
CITY OF TEMECULA
I, City Clerk of the City of
,, do hereby certify that the foregoing ordinance
No.was regularly introduced and placed upon its
firsreading at a regular meeting of the City Council on
the day of r 19 . That thereafter,
said rdinance was duly adopted and-passed at a regular
meeting of the City Council on the day of
1 19 , by the following vote, to wit:
AYES:COUNCILMEMBERS:
NOES:COUNCILMEMBERS:
ABSENT:COUNCILMEMBERS:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
ELH/INC84621
ORDINANCE NO. 89-7
AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TEMECULA TRANSFERRING
ASSESSMENT AND TAX COLLECTION DUTIES TO
THE COUNTY OF RIVERSIDE ASSESSOR AND TAX
COLLECTOR
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES
ORDAIN AS FOLLOWS:
Section 1. Assessor and Tax Collector. Pursuant
to the authority granted by Section 51501 of the Government
Code of the State of California, the assessment and tax
collection duties performed by the City Assessor and Tax
Collector hereby are transfered to the Assessor and Tax
Collector of the County of Riverside.
Section 2. The City of Temecula has just
incorporated and desires that the duties relative to the
assessment of property and the collection of real property
taxes be performed by the County Assessor and Tax Collector
for Riverside County. The City Council determines that the
public peace, health, and general welfare require the
adoption of this Ordinance as an urgency ordinance, and the
same shall take effect immediately upon its adoption.
APPROVED AND ADOPTED this - day of
1989.
Ayes:
Noes:
Absent:
Mayor
ATTEST:
City Clerk
ELH/INC84621
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE Ss.
CITY OF TEMECULA
I, City Clerk of the City of
#I do hereby certify that the foregoing ordinance
No.was regularly introduced and placed upon its
firsreading at a regular meeting of the City Council on
the day of , 19 . That thereafter,
said rdinance was duly adopted and passed at a regular
meeting of the City Council on the day of
, 19 , by the following vote, to wit:
AYES:COUNCILMEMBERS:
NOES:COUNCILMEMBERS:
ABSENT:COUNCILMEMBERS:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
ELH/INC84621
ORDINANCE NO. 89-8
AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TEMECULA, CALIFORNIA
ADOPTING A DOCUMENTARY TRANSFER TAX
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of
Temecula hereby adopts any documentary transfer tax imposed
by the County of Riverside.
Section 2. Taxable Event.
A. In accordance with the provisions of the
Documentary Transfer Tax Act, Revenue and Taxation Code
Section 11901 et seq. there is hereby imposed a documentary
transfer tax 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
consideration or value of the interest or property conveyed
(exclusive of the value of any lien or encumbrance remaining
thereon at the time of sale) exceeds $100.00.
B. The tax shall be imposed at the rate of 27 1/2
cents for each $500.00 or fractional part thereof of the
consideration or value of the interest or property conveyed.
C. The tax 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 is made, signed or issued.
Section 3. Exemptions. Exemptions from this tax
are those set forth in Division 2, Part 6.7, Chapter 3 of
the Revenue and Taxation Code commencing at Section 11 921.
Section 4. Administration. This Chapter shall be
administered in accordance with the provisions of Division
2, Part 6.7, Chapter 4 of the Revenue and Taxation Code
commencing at Section 11931.
Section 4. Clams 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)
or Part 9 of Division 1 of the Revenue and Taxation Code.
ELH/INC84621
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE Ss.
CITY OF TEMECULA
I, City Clerk of the City of
, do hereby certify that the foregoing Ordinance
No.was regularly introduced and placed upon its
firsreading at a regular meeting of the City Council on
the day of , 19 - . That thereafter,
said Ordinance was duly adopte3 and passed at a regular
meeting of the City Council on the day of
, 19 , by the following vote, to wit:
AYES:COUNCILMEMBERS:
NOES:COUNCILMEMBERS:
ABSENT:COUNCILMEMBERS:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
ELH/INC84621
ORDINANCE NO. 89-9
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TEMECULA, CALIFORNIA, RELATIVE TO
THE LOCATION OF REGULAR MEETINGS OF THE
CITY COUNCIL OF THE CITY OF TEMECULA AND
PROVIDING FOR ITS ADOPTION AS AN URGENCY
ORDINANCE
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES
ORDAIN AS FOLLOWS:
Section 1. Regular meetings of the City Council of
the City of Temecula shall be held at 28816 Pujol Street, in
the City of Temecula, and until further notice this shall be
the regular meeting place of the City Council of Temecula.
Section 2. In order to provide for a regular
meeting place of the City Council of the City of Temecula at
the earliest possible date, the City Council determines that
is is necessary that this ordinance be adotped as an urgency
ordinance for the public health, safety and welfare of the
residents of Temecula and that the same shall take effect
immediately upon its adoption.
APPROVED AND ADOPTED this day of
1989.
Ayes:
Noes:
Absent:
Mayor
ATTEST:
City Clerk
ELH/INC84621
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE Ss.
CITYOF TEMECULA
I, City Clerk of the City of
I do hereby certify that the foregoing ordinance
No.was regularly introduced and placed upon its
firsreading at a regular meeting of the City Council on
the day of 1 19 . That thereafter,
said rdinance was duly adopted and passed at a regular
meeting of the City Council on the day of
1 19 , by the following vote, to wit:
AYES:COUNCILMEMBERS:
NOES:COUNCILMEMBERS:
ABSENT:COUNCILMEMBERS:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
ELH/INC84621
Section 5. This Ordinance shall become operative
upon the operative date of any ordinance adopted by the
County of Riverside, pursuant to Part 6.7 (commencing with
Section 11901) of Division 2 of the Revenue and Taxation
Code, or upon the effective date of this Ordinance,
whichever is the later.
Section 6. Upon its adoption, the City Clerk shall
file two copies of this Ordinance with the County Recorder
of Riverside County.
Section 7. This Ordinance relates to taxes for the
usual and current expenses of the City and will take effect
immediately upon its adoption. The city has just been
incorporated and has no funds whatsoever to provide for
police powers of the City. This Ordinance is therefore an
Urgency Ordinance for the immediate preservation of the
public peace, health and safety. The City Clerk shall
certify to the adoption of this Ordinance and cause copies
of this Ordinance to be posted in the three designated
posting places.
APPROVED AND ADOPTED this day of December, 1989
by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Mayor
ATTEST:
City Clerk
ELH/INC84621
- - ------- --
ORDINANCE NO. 89-10
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TEMECULA
REQUIRING THAT THE GENERAL MUNICIPAL ELECTIONS
OF THE CITY OF TEMECULA
BE HELD ON THE SAME DAY AS THE STATEWIDE GENERAL ELECTION
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS
FOLLOWS:
Section 1. Findings: The City Council of the City of
Temecula finds as follows:
A. Pursuant to the terms of the California
Elections Code, the general municipal elections of the City
of Temecula are to be held on the second Tuesday in April of
even-numbere years, with the first such election scheduled
for April of 1990;
B. Pursuant to the terms of Government Code
Section 36503.5, cities are authorized to change the date of
general municipal elections to coincide with the election
dates of the statewide direct primary, the statewide general
election or the day of school district elections;
C. The Council finds that its goals of encouraging
maximum voter tern out and minimizing costs will be promoted
by changing the general municipal election date of the City
from the second Tuesday in April of an even-numbered year to
coincide with that of the statewide general election, the
first Tuesday after the first Monday of November in each
even-numbered year;
D. If approved by the Board of Supervisors, this
change will not have the effect of extending any term of
office by more than twelve months.
Section 2. Change in General Municipal Election Date.
Commencing with the general municipal election to occur
during 1990, general municipal elections of the City of
Temecula shall be held on the same day as the statewide
general election, the first Tuesday after the first Monday
of November in each even-numbered year.
ELH/INC84621
.... ...... .
Section 3. Extension of Terms of Office.
A. Those councilmembers of the City of Temecula
whose terms of office would have prior to the adoption of
this Ordinance, expired following the April, 1990, general
municipal election shall, instead, continue in office until
no later than the fourth Tuesday after the day of the
November, 1990, general municipal election of the City of
Temecula.
B. Those councilmembers of the City of Temecula
whose terms of office would have, prior to the adoption of
this Ordinance, expired following the April, 1991, general
municipal election shall, instead, continue in office until
no later than fourth Tuesday after the day of the November,
1992, general municipal election of the City of Temecula.
Section 4. Effective Date:
This Ordinance shall become operative 30 days from the date
of its adoption and upon approval by the Board of
Supervisors of the County of Riverside.
Section 5. The City Clerk is hereby directed to:
A. Certify to the adoption of this Ordinance and
cause the same to be published as required by law;
B. Transmit a copy of this Ordinance to the Clerk
of the Board of Supervisors of the County of Riverside,
together with the request that said Board approve this
Ordinance and provide the City with notice of such approval;
and
C. Within thirty (30) days after approval of this
Ordinance by the board of Supervisors of the County of
Riverside, cause a notice to be mailed to all registered
voters in the City of Temecula informing them of the change
in the general municipal election date and councilmember
terms afffected by this Ordinance, which notice shall be in
accord with the requirements specified in California
Elections Code Section 36503.5(e).
ELH/INC84621
I HEREBY CERTIFY that the foregoing Resolution was
duly adopted by the City Council of the City of
at a regular meeting thereof, held on the day of
, 19 by the following vote of the
Council:
AYES:COUNCILMEMBERS
NOES:COUNCILMEMBERS
ABSENT:COUNCILMEMBERS
CITY CLERK
APPROVED AS TO FORM AND CONTENT:
CITY ATTORNEY
ELH/INC84621
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE Ss.
CITY OF TE14ECULA
I, City Clerk of the City of
ol do hereby certify that the foregoing ordinance
No.was regularly introduced and placed upon its
firsreading at a regular meeting of the City Council on
the day of , 19 . That thereafter,
said rdinance was duly adopted and passed at a regular
meeting of the City Council on the day of
, 19 , by the following vote, to wit:
AYES:COUNCILMEMBERS:
NOES:COUNCILMEMBERS:
ABSENT:COUNCILMEMBERS:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
ELH/INC84621
PASSED, APPROVED and ADOPTED this day of #I
1989.
Mayor
ATTEST
-----------------------
City Clerk
ELH/INC84621
RESOLUTION NO. 89-6
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA DESIGNATING LOCATIONS
FOR POSTING OF ORDINANCES AND/OR
RESOLUTIONS REQUIRED BY LAW TO BE
PUBLISHED OR POSTED
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES
RESOLVE AS FOLLOWS:
Section 1. All Ordinances and all Resolutions
required by law to be published or posted shall be posted in
at least three (3) public places within the City of Temecula
in accordance with the provisions of Section 36933,
Government Code.
Section 2. All Ordinances and Resolutions shall be
posted for public inspection at:
County Library, Rancho California Branch, 27533A
Ynez Road;
U.S. Post Office, 28360 Front Street;
Temecula Valley Chamber of Commerce, 40945 County
Center Drive;
Temecula Community Center, 28816 Pujol Street.
Section 3. During its first year of operation,
ordinances may be posted as set out herein, rather than
published.
APPROVED AND ADOPTED this - day of
1989.
Mayor
ATTEST:
City Clerk
ELH/INC84621
---------- -
RESOLUTION NO. 89-7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING AN ADDRESS FOR THE RECEIPT OF
THE UNITED STATES MAIL
WHEREAS, it is necessary for the City of Temecula
to establish an address for the receipt of the United States
mail;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
TEMECULA RESOLVES THAT:
The mailing address of the City of Temecula shall
be P. 0. Box 3000, Temecula, CA 92390.
APPROVED AND ADOPTED this - day of
1989.
Mayor
ATTEST:
City Clerk
ELH/INC84621
RESOLUTION NO. 89-8
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA ADOPTING THE FORM OF THE
CITY SEAL
WHEREAS, the City of Temecula was incorporated on
December 1, 1989, as a general law city of the State of
California; and
WHEREAS, the City by law is entitled to adopt a
City seal;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The City Seal of the City of Temecula
shall be in the form of two concentric circles separated by
a narrow black border. Contained within the outer circle
are the words "City of Temecula, California" at the top and
"Incorporated 1989" at the bottom. The inner circle shall
be blank.
APPROVED AND ADOPTED this - day of
1989.
Mayor
ATTEST:
City Clerk
ELH/INC84621
RESOLUTION NO. 89-9
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA, CALIFORNIA AUTHORIZING
FILING OF DOCUMENTS WITH STATE AND COUNTY
OFFICES AND OFFICERS
THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA DOES RESOLVE AS FOLLOWS:
Section 1. The Mayor of the City of Temecula,
California, the City Clerk and the City Attorney are each
appointed the authorized agent of the City of Temecula,
California for the filing with such offices and officers of
the State of California and of the County of Riverside of
certified copies of ordinances and resolutions and such
other documents as may be required for the proper and
efficient conduct of City business.
ADOPTED AND APPROVED this day of December,
1989.
Mayor
ATTEST:
City Clerk
ELH/INC84621
RESOLUTION NO. 89-10
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA, CALIFORNIA REQUESTING
THE CALIFORNIA HIGHWAY PATROL TO CONTINUE
TO PROVIDE TRAFFIC ENFORCEMENT WITHIN THE
CITY
WHEREAS, the City of Temecula, California was
incorporated on December 1, 1989, as a general law city of
the State of California; and
WHEREAS, the consideration and decision on the
question of the method of providing local law enforcement
and traffic control will require lengthy study and
negotiations;
NOW, THEREFORE, BE IT RESOLVED THAT:
Section 1. The California Highway Patrol is
respectfully requested to continue to furnish traffic
enforcement within the recently incorporated City of
Temecula until June 30, 1990, or until the City Council
requests termination of such services, whichever occurs
first.
ADOPTED AND APPROVED this day of December,
1989.
Mayor
ATTEST:
City Clerk
ELH/INC84621
--------------
RESOLUTION NO. 89-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA PROVIDING FOR ALL FUNCTIONS
INCIDENT TO THE ADMINISTRATION AND OPERATION OF
LOCAL SALES AND USE TAXES, AND AUTHORIZING
EXECUTION OF AN AGREEMENT WITH THE STATE BOARD OF
EQUALIZATION WITH RESPECT THERETO
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES
HEREBY RESOLVE AS FOLLOWS:
Section I. The Mayor of the City of Temecula,
California is hereby authorized to execute, for and in
behalf of the City of Temecula, an agreement with the State
Board of Equalization providing for all functions incident
to the administration and operation of the Uniform Local
Sales and Use Tax Ordinance of the City of Temecula. A true
and correct copy of said agreement is attached hereto,
reference to which is hereby made.
APPROVED AND ADOPTED this day of
19
MAYOR
ATTEST:
CITY CLERK
ELH/INC84621
City of
AGREEMENT FOR STATE ADMINISTRATION OF LOCAL SALES AND USE TAXES
To carry out Part 1.5 of Division 2 of the Revenue and Taxation Code and the sales and
use tax ordinance of the City licrein,.tt)ovc designated, hereinafter called the City, copy of whicil
ortlinafice is attached hereto, the City and the State Board of Equalization, hereinafter called
tile Board, do agree as follows:
ARTICLE I
DEFINITIONS
Unless the context requires otherwise, wherever the following terms appear in third
Agreement they shall be interpreted to mean the following:
1. "Local 'I'axes" shall mean the sales and use taxes, penalties, and interest imposed
b@, the City under an ordinance which complies with Part 1.5, Division 2, of the Revenue an(]
T axat ion Code.
2."Conforming Taxing jurisdiction" shall mean any county, city, or city and count)- ,I
this Statewhich has adopted a sales and use tax ordinance of the kind described in Part 1.5 of
Division 2of the Revenue and Taxation Code and which has entered into a contract with tile
State Board of Equalization to perform all functions incident to the administration and operation
of the ordinance.
3."City Ordinance" shall mean the Uniform City Sales and Use Tax Ordinance attached
hereto, asamended from time to time.
AIITICLE 11
ADMINISTRATION AND COLLECTION OF LOCAL TAXES
A. Administration. The Board and the City agree that the Board shall perform ex-
clusively all functions inci'dcnt to the administration and operation of the City ordinance.
B. Other applicable laws. The City agrees that all provisions of law applicable to the
administration and operation of the State Sales and Use Tax Law shall be applicable to the
administration and operation of the City ordinance and that money collected pursuant to the Citv
ordinance may be deposited in the State Treasury to the credit of the Retail Sales Tax Fund an,]
May be drawn from that Fund for the purpose of making refunds, for the purpose of compensating
and reimbursing the Board pursuant to Article IV of this Agreement and for the purpose of trans-
nilttiiig to the City the amount to which the City is entitled.
C. Transmittal of money. Except as otherwise provided herein,all local taxes collected
under the provisions of the City ordinance shall be transmitted to the City periodically R's
promptly as feasible. Such transmittals shall be made at least twice in each calendar quarter.
1'ransiiiittals may be made by mail or by deposit to the account of tile City in a bank in Sacra-
iiicitto designated by the City. A statement shall be furnished indicating the amount withhel(I
pursuant to Article IV of this agreement.
D. Rules. The Board shall prescribe arid idopt such rules and regulations as in it@
titit4iii(,tit ire necessary (it desirable for the a(iii,.Inistratioti and operation of the City or(iiniinc(-
;tii(i tli(- distribution of the local taxes collected thereunder.
BT-527 REV. 5 (11-74)
or when the local tax is collected by way of deduction from, or when a refund of local tax is
made in conjunction with, refunds of motor vehicle fuel license taxes, or when local tax is col-
I(,ctc(i and direct allocation is impractical, the Board may distribute or charge such local tax to
all conforming taxing jurisdictions in the county in which the sale or use occurred using the'
ratios reflected by the distribution of taxes collected front all other taxpayers in that couni@-.
'I'o the extent that this cannot be done in a manner consistent with the economic and efficient
lic-i-foriii,iii(-c of tlte duties of the under the Revenue arid Taxation Code and the provision.-.
of this ikgreemetit, the Board may distribute or charge such local tax to all conforming taxing
iLlrIS(liCtiOlIS Of this State using the ratios reflected by the distribution of taxes collected from
:ill o(lier tiixl,,.iv(-rs 1;i Iic Stite. In mikiiig allocations uiiiier this paragraph county tax impose(i
,i, rate in cxces
a s of I percent shall be excluded.
C. Vehicles, Vessels, and Aircraft. For the purposes of allocating local tax 'with
respect to vehicl6s required to be registered or identified under the Vehicle Code, and with
respect to vessels and aircraft, the address of the registered owner appearing upon the applica-
tion for registration or identification may be used by the Board in determining the city of use.
To the extent this cannot be done in a manner consistent with the economic and efficient perfor-
mance of the duties of the Board under the Revenue and Taxation Code and this Agreement. the
Board may allocate tax with respect to such vehicles, vessels, and aircraft in the manner pro-
vi(ic(i in Paragraph B of tjiis Article.
ARTICLE IV
COMPENSATION
'I'lie CitV agrees to pay the Board as the Board's cost of administering the Cttv ordi-
iiiinces such amount as is provided by law. Such amounts shall be deducted from the taxes
Collect(,(I 1-iy the Board for the City.
ARTICLE V
MISCELLANEOUS PROVISIONS
A. Communications. Communications and notices may be sent by first-class tjnited
States Nliiil. A notification is complete when deposited in the mail. Communications and notices
to be sent to the Board shall be addressed to:
State Board of E(jualizzition
P.O. Box 1799
Sacramcnto,.Califoriiia 95808
Attention, Executive Secretary
('oiiiiiiutilc;itions and notices to be sent to the City shall be addressed to:
BT-527 REV. 5 (11-74)
13. Term. The date ol' Eiiis Agreement is the date on which it is approved by the De-
1)iirtiiiciit of General Services. The Agreement sliall take effect on the first day of the calendar
quarter next succeeding the date of' such approval, but in no case before the operative date of
(tic (-.Ity ordinance, nor on a (lay other than the first d@iy of a calendar quarter. This Agreement
.sliiill continue until September 30 next following the operative date of the City ordinance, and
sliitll thereafter be renewed automatically from year to'yeiir unless one of the parties gives
%%-riticii notice of teriiiination at least two months before the cii(i of the term. The Board may ter-
iiiiii;i(c this Agreement in the manncr provided by law.
STATE BOARD Olz EQUALIZATION
By
I-xeciiiii@e Secrelary
CITY ot.-
13 y
(Sig?iiituri@ on this line)
(7'ype ?iame bere)
(T>,pe iiile bere)
B'T-527 REV. 5 (11-74)
RESOLUTION NO. 89-12
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA AUTHORIZING THE MAYOR
AND CITY CLERK TO PREPARE, EXECUTE AND
FILE THE STATEMENT OF BOUNDARY CREATION
REQUIRED BY SECTION 54900 OF THE
GOVERNMENT CODE OF THE STATE OF
CALIFORNIA AND ORDERING THE UTILLIZATON
OF THE REGULAR COUNTY ASSESSMENT ROLE
WHEREAS, the City Council of the City of Temecula
is required to cause to be filed a Statement of Boundary
Creation required by Section 54900 of the Government Code;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
TEMECULA DOES RESOLVE AS FOLLOWS:
Section 1. The Mayor and City Clerk are authorized
to have prepared and to execute the Statement of Boundary
Creation of the City of Temecula, California, to file the
same with all appropriate State and County officials, and to
pay any filing fee therefore as may be required by Section
54902.5of the Government Code.
Section 2. The City of Temecula shall utilize the
regular County Assessment role of the County of Riverside,
California.
APPROVED AND ADOPTED this - day of
1989.
Mayor
ATTEST:
City Clerk
ELH/INC84621
RESOLUTION NO. 89-13
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA, CALIFORNIA AUTHORIZING
THE CITY MANAGER TO PURCHASE INSURANCE
WHEREAS, the City of Temecula, California was
incorporated on December 1, 1989, as a general law city of
the State of California; and
WHEREAS, it is necessary that the City obtain
liability and other insurance coverage.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA DOES RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
Section 1: The City Manager is authorized to
solicit and obtain proposals for liability insurance
coverage in an amount necessary and appropriate for the
City's needs and to enter into an agreement to purchase such
insurance.
PASSED, APPROVED AND ADOPTED this day of
19
MAYOR
ATTEST:
CITY CLERK
ELH/INC84621
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RESOLUTION CSD 89-1
A RESOLUTION OF THE
TEMECULA COMMUNITY SERVICES DISTRICT
REQUESTING CONTINUATION OF EXTENDED COUNTY SERVICES
WHEREAS, the City of Temecula was incorporated on
December 1, 1989; and
WHEREAS, as one of the terms and conditions of such
incorporation the county service areas which provided
certain extended services to the incorporated areas were
dissolved and replaced by a subsidiary community services
district governed by the City Council; and
WHEREAS, the Temecula Community Services District
generally has inherited the assets and obligations of County
Service Areas 75, 103 and 143; and
WHEREAS, the Board of the Directors of the
Community Services District now desires to provide for the
continuation of such extended services by the County
personnel performing such services for those county service
areas for the remainder of the fiscal year or until the City
Council otherwise provides for the continuation of such
services.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT RESOLVES AS FOLLOWS:
Section 1. The Board of Supervisors of the County
of Riverside is hereby requested to continue to furnish to
the Temecula Community Services District, the extended
services furnished to the area now within the District prior
to creation of that District. It is further requested that
said services be furnished for the remainder of the current
fiscal year or until the City Council otherwise so directs,
whichever first occurs.
Section 2. The City Manager of the City of
Temecula is directed to deliver a copy of this resolution to
the Clerk of the Board of Supervisors of Riverside County.
ELH/INC84621
RESOLUTION NO. CSD 89-2
A RESOLUTION OF THE
TEMECULA COMMUNITY SERVICES DISTRICT
PROVIDING FOR THE TIME AND PLACE
OF ITS MEETINGS
WHEREAS, the Temecula Community Services District
was created on December 1, 1989, upon the incorporation of
the City of Temecula; and
WHEREAS, the Temecula Community Services District
is a subsidiary district of the City of Temecula; and
WHEREAS, the Temecula Community Services District
is required to provide for the date and time of its regular
meetings.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT RESOLVES AS FOLLOWS:
Section 1. The Temecula Community Services
District shall meet as necessary on the second and fourth
Tuesday of each month at 7:00 p.m. or as soon as possible
thereafter following each City Council meeting. No meeting
shall be conducted in the absence of matters to come before
the Board. Regular meetings shall be held at 28816 Puiol
Street. Special meetings may be called and held in any
location allowed by law.
APPROVED AND ADOPTED this day of December,
1989.
President
ATTEST:
Secretary
ELH/INC84621
I-'. ['reference. Unless Elie pityur itistriicts otlicr%vise iiitli except as otherwise provided
in (his Agreement, the Board shall give no preference in applying money received for sale,, and
use taxes owed by a taxpayer but shall apply all nionies collected to the satisfaction of thc.
cl.iiiiis of the State and the claims of the City as their interests appear.
F. Security. The Board agrees that any security which it liereal'Eer requires co be fur-
filsijcd under the State Sales and Use Tax Law will be upon such terms that it also will be
'Iiil)lc for the payment of the claims Of Elie (.:Icy lor local taxes owing to it as its intere.,,i
;tpl)c-@irs. The Board shall no( be required to change the (criiis of iny sccuri(y now held by it an(]
(lie ('Ity shall not participate in any security now held by (lie Board.
G. Nanies of sellers. The Board agrees to llirnisli the names, addresses, account nurii-
I)cr-,, and the business classification codes of @ill sellers holding sellers' permits within the
II. Records of(lie Board. When requested by rest)liicloii of the City Council Of Ehe Cit@-,
the lioard shall permitany duly authorized officer or ciiil)lo),ee of the City to examine the sales
and use tax records ofthe Board pertaining to sales ailli use taxes collected for the City by the
lioar(i pursuant to thisAgreement. Information obtained by the City from the examination of thL:
llt)iir(I's records shallbe used 1)), the (.ity only for I)tirl)os(--s rel@ile(i to the collection of local
and use taxes by the Board I)tirstjajit to this Agreement.
1. Cit)- tax rate. 'I'lic City agrees that ;kiiy change in the rate of its conforming local
and use tax will be mii,le effective at the beginning of a calendar quarter and that it will
give (lie Board at least two months' notice tliereol and that it will also give notice to the Board
' Supervisors of the County in which the City lies.
Annexation. 'rhecity agrees that the ]3oarci shall not be required to give effect co an
for the purpose of coil-ectliig and distributing city sales and use taxes, earlier than
ilic- firs( day of the calendar quarter which comiii@iices not less than two months after notice to
the 13(i@tril. The notice shall include two maps of the aiifiexcd area together with the address
fli(.- property ficarest to the extended city bOLinLi@iry On every street crossing that boundary.
AR'I'ICI,E III
ALLOCATION OF TAX
A. Deficienc)- determination. All local taxes COI]CCTCLI as a result of determinations or
I)III]iigs made by the Board, and all imounts refunded or credited may be distributed or charged
it) the respective conforming taxing jurisdictions in the same ratio as the taxpayer's self-
ilecl@ire(i local tax for the period for which the deterniiiiiitiofi, billing, refund, or credit applies.
B.Allocation. When the I o c a I t a x is collected from or refunded or credited to the
following:
(1)Retailers having traveling sellers' permits or certificates of authority to collect
use tax issued by the 13oard;
(2)Persons regarded by the Board as retailers pursuant to Section 6015 of the Rei,e-
nue and Taxation Code;
(3)Persons for whom no continuing account number was active at the date of pav-
me nt; or
(4)Other retailers or purchasers having too permanent place of business within the
State as determined by the Board-,
B'T-527 REV. 5 til-741 2 -
- -------- -
APPROVED AND ADOPTED THIS - day of December,
1989.
President
ATTEST
Secretary
ELH/INC84621
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