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052891 CC Agenda
AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING TEMECULA TEMPORARY COMMUNITY CENTER - 27475 COMMERCE CENTER DRIVE MAY28, 1991 It BUDGET WORKSHOP: CALL 'TO ORDER 5:00 PIlE ROLL CALL: COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks 1. Annual Ooeratino Budget FY-1991-92 RECOMMENDATION: 1.1 Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE OPERA TING BUDGET FOR THE FISCAL YEAR 1991-92 FOR THE CITY OF TEMECULA AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS FOR THE VARIOUS DEPARTMENT BUDGETS. 2. Consideration of Funding Sources - County Health Office in Temecu!e (Placed on the agenda at the request of Councilmember Mulloz. TEMECULA COMMUNITY SERVICES DISTRICT- BUDGET WORKSHOP Temecula Community Services District Budget FY-1991-92 RECOMMENDATION: 3.1 Adopt a resolution entitled: 'TCSD RESOLUTION NO. 91- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING THE ANNUAL OPERA TING BUDGET FOR THE FISCAL YEAR 1991-1992 AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS. 21egende/O62;ge1 I 06122/91 3.2 Adopt a resolution entitled: TCSD RESOLUTION NO. 91- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING THE TEMECULA COMMUNITY SERVICES DISTRICT CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 1991 - 1992. TEMECULA REDEVELOPMENT AGENCY - BUDGET WORKSHOP Temecula Redevelooment Aqencv Annual Ooeratinq Budaet FY-1991-1992 RECOMMENDATION: 4.1 Adopt a resolution entitled: RDA RESOLUTION NO. 91- A RESOLUTION OF THE TEMECULA REDEVELOPMENT AGENCY ADOPTING THE ANNUAL OPERA TING BUDGET FOR THE FISCAL YEAR 1991-92 FOR THE TEMECULA REDEVELOPMENT AGENCY AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS - REGULAR MEETING: 7:00 PM CALL TO ORDER: Invocation Flag Salute ROLL CALL: PRESENTATIONS/ PROCLAMATIONS II Next in Order: Ordinance: No. 91-21 Resolution: No. 9!-50 Pastor George Simmons Temecula Valley House of Praise Councilmember Birdsall Birdsall, Lindemans, Moore, Mur~oz, Parks OE/22/gl PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Council about an item not listed on the Agenda or on the consent Calendar, a pink 'Request To Speak' form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name and address. For all other agenda items a 'Request To Speak' form must be filed with the City Clerk before the Council gets to that item. There is a five (5) minute time limit for individual speakers. 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 be removed from the Consent Calendar for separate action. CONSENT CALENDAR Standard Ordinance Adoption Procedure RECOMMENDATION 3 1.1 Minutes Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. RECOMMENDATION: 2.1 2.2 Approve the minutes of May 7, 1991 as mailed. Approve the minutes of May 14, 1991 as mailed. Resolution ADDrovina List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWINO CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 2/10lndl/062851 3 06/22/~11 4 Citv Treasurer's Reoort RECOMMENDATION: 4.1 Receive and file report 5 Reduction in Public Imorovement Faithful Performance Bond Amounts - Tract No. 23483 RECOMMENDATION: 5.1 Authorize reduction in Public Improvement Faithful Performance Bond amounts and accept Faithful Performance Bonds in the reduced amounts. 5.2 Approve subdivision agreement rider 5.3 Direct the City Clerk to so notify the Clerk of the Board of Supervisors. 6 Procedures for Adoption of Develooment and Pre-annexation Aqreements RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REGARDING DEVELOPMENT AGREEMENTS AND THE PROCEDURES FOR CONSIDERATION THEREOF 7 Reclassification of Two Currently Authorized City Positions RECOMMENDATION: 7.1 Approve the creation of the Senior Management Analyst job classification and reclassify the following existing positions: Assistant to the City Manager to Senior Management Analyst (no change in salary range). B. Management Analyst (finance) to Senior Management Analyst. 06/22/91 7.2 Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA PRO VIDING FOR THE ESTABLISHMENT OF PERSONNEL POLICIES 8 Rejection of Vehicle Bids RECOMMENDATION: 8.1 Reject the bids received resulting from the invitation to bidders of May 9, 1991 (Bid Number 91-015). 9 Prooosed Goals of the Traffic and Transoortation Commission for FY 1991-92 RECOMMENDATION: 9.1 Receive and file report. SECOND READING OF ORDINANCES 10 ChanQe of zone No. 5 RECOMMENDATION: 10.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 91-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP OF SAID CITY IN THE CHANGE OF ZONE APPLICATION CONTAINED IN DEVELOPMENT PERMIT NO. 5, CHANGING THE ZONE FROM R-R (RURAL RESIDENTIAL) TO R-3, R~4 AND.-5 ALONG THE SOUTH SIDE OF HIGHWAY 79 BETWEEN PALA AND MARGARITA ROADS AND KNOWN AS ASSESSOR'S PARCEL NO. 926-016- 002, 003, 012, 017AND PORTIONS OF 926-016-025. 21~gencle~O62B91 5 06122/g I 11 Change of Zone No. 12 RECOMMENDATION: 11.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 91-21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP OF SAID CITY IN THE CHANGE OF ZONE APPLICATION CONTAINED IN CHANGE OF ZONE NO. 12, CHANGING THE ZONE FROM A-2-20 (HEA VY AGRICUL TURE) TO I-P (INDUSTRIAL PARK) AND R-$ (OPEN AREA) ON PROPERTY LOCATED ON THE NORTHWEST CORNER OF MARGARITA ROAD AND SOLANA WAY PUBLIC HEARINGS Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the City Clerk at, or prior to, the public hearing. 12 Public Hearing No. 60 - Calla Medusa RECOMMENDATION: 12.1 Install 4-way stop control at Calle Medusa and Kahwea Road/Windsor Road. 12.2 Encourage future land use studies in the Calla Medusa vicinity to give careful consideration toward minimizing traffic impacts in the Calla Medusa corridor until alternative parallel roads can be developed. 12.3 Request the General Plan Study consultant to give special and specific consideration to the Calla Medusa corridor during the Circulation Element formulation process. 12.4 Install full-width pavement on Nicolas Road (from Calla Medusa to Calla Girasol) and on Calla Girasol (from Nicolas Road to Riverton Lane), and direct the City Engineer's office to immediately investigate the feasibility of extending Calla Chapos and Walcott Lane to La Serena Way. (Cost to design and install all improvemetns is approximately $360,000.) 2/~enel~062S91 6 06/22~ 1 13 First Extension of Time - Vestinq Tentative Tract Mao No. 23103 RECOMMENDATION: 13.1 Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE .CITY OF TEMECULA APPROVING THE FIRST EXTENSION OF TIME FOR VESTING TENTATIVE TRACT MAP 23103, AN 18 LOT RESIDENTIAL SUBDIVISION OF 29.2 ACRES LOCA TED WEST OF BUTTERFIELD STAGE ROAD BETWEEN LA SERENA WAY AND RANCHO CALIFORNIA ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 923-210-010. 14 Electrical Code Adoorion (Continued from the meeting of May 14, 1991) RECOMMENDATION: 14.1 Read by title only and adopt an ordinance entitled: 14.2 ORDINANCE NO. 91-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADOPTING BY REFERENCE THE NATIONAI ELECTRICAL CODE. 1990 EDITION, INCLUDING THE APPENDIX THERETO, WITH CERTAIN AMENDMENTS AND THE UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRICAL CODES, 1990 EDITION WITH CERTAIN AMENDMENTS. Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SETTING FORTH THE LOCAL CONDITIONS UPON WHICH A DETERMINATION HAS BEEN MADE BY THE CITY COUNCIL THAT MODIFICATIONS TO THE 1990 EDITION OF THE NA TIONAL ELECTRICAL CODE ARE REASONABL Y REQUIRED BY LOCAL CONDITIONS WITHIN THE CITY OF TEMECULA 2/~gende/O628el 7 061221g 1 15 Ambient Air Balloon Ordinance Adootion (Continued from the meeting of May 14, 1991) RECOMMENDATION: 15.1 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 91- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF ORDINANCE NO. 90-04 PERTAINING TO ADVERTISING REGULATIONS AND ESTABLISHING REGUUI TIONS FOR THE USE OF AMBIENT AIR BALLOONS AND OTHER SIMILAR INFLA TABLES 16 Ordinance to Provide for Exoedited Abatement of Hazardous Veaetation from Vacant Lots or Parcels (Continued from the meeting of May 14, 1991) RECOMMENDATION: 16.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 91-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING CHAPTER 6. 14 AND ADDING CHAPTER 6. 16 TO THE TEMECULA MUNICIPAL CODE TO PRO VIDE FOR EXPEDITED ABATEMENT OF HAZARDOUS VEGETATION FROM VACANT LOTS OR PARCELS COUNCIL BUSINESS 17 Location of Temecula Unified School District Bus StoraQe Facility (Continued from the meeting of May 14, 1991) 21.gend;a/062881 8 06/22/91 18 Award of Franchise -Waste Manaqement RECOMMENDATION: 18.1 Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA (;RANTIN(; AN EXCLUSIVE FRANCHISE TO CR&R INCORPORATED, DBA TEMECULA ENVIRONMENTAL, FOR THE COLLECTION, TRANSPORTATION, RECYCLIN(;, COMPOSTIN(;, AND DISPOSAL OF SOLID WASTE AND CONSTRUCTION DEBRIS AND FOR PROVIDIN(; TEMPORARY BIN/ROLLOFF SERVICES IN ALL COMMERCIAL, RESIDENTIAL, CONSTRUCTION, AND INDUSTRIAL AREAS WITHIN THE CITY OF TEMECULA 19 Community Service Funding Criteria RECOMMENDATION: 19.1 Review and advise staff regarding the criteria for the Community Service Funding application process for the Fiscal Year 1991-1992. 20 Re(]uests for Fundinq - Temecula Museum Foundation. Temecula Valley HiQh School Civic Scholarshios and Rancho Temecula Community Pantry RECOMMENDATION: 20.1 Review requests for funding from the Council Social Services/Discretionary fund and provide staff direction regarding funding of these requests. 21 Re~]uest for Funding - Temecula Tourism and Visitors' Center RECOMMENDATION: 21.1 Direct staff to review the feasibility of funding a Tourism and Visitors Center and report back to Council with their findings. 22 Main Street Revitalization Committee Placed on the agenda at the request of Mayor Pro Tern Birdsall (Continued from the meeting of May 14, 1991) RECOMMENDATION: 22.1 Consider the formation of a Main Street Revitalization Committee. CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT CITY COUNCIL REPORTS ADJOURNMENT Next regular meeting: June 11, 1991, 7:00 PM, Temporary Temecula Community Center, 27475 Commerce Center Drive, Temecula, California TEMECULA'COMMUNITY SERVICES DISTRICT MEETING - (To be held at 8:00) CALL TO ORDER: President J. Sal Mur~oz ROLL CALL: DIRECTORS: Birdsall, Lindemens, Moore, Parks, Mu~oz PUBLIC COMMENT: Anyone wishing to address the Board of Directors, should present a completed pink "Request to Speak" to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. 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 Directors of the Community Services District request specific items be removed from the Consent Calendar for separate action. 2/Igendt/062.. 1 10 06/22./e 1 CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the minutes of the meeting of May 7, 1991 as mailed. 1.2 Approve the minutes of the meeting of May 14, 1991 as mailed. 2 Resolution RECOMMENDATION: 2.1 Authorizine Investments in Local Aclencv Investment Fund Adopt a resolution entitled: CSD RESOLUTION NO. 91- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SER VICES DIS TRIC T A UTHORIZING INVESTMENT OF DIS TRIC T MONIES IN THE LOCAL AGENCY INVESTMENT FUND 3 Resolutions to Initiate Proceedincjs for Establishment of New Zones end RePort on Rates and Charqes Based on Temecula Community Services District Budget and Capital Improvement Plan RECOMMENDATION: 3.1 Adopt a resolution entitled: CSD RESOLUTION NO. 91- A RESOLUTION OF THE TEMECULA COMMUNITY SERVICES DISTRICT DECLARING ITS INTENTION TO ESTABLISH CERTAIN ZONES WITHIN ITS BOUNDARIES AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH 3.2 Adopt a resolution entitled: CSD RESOLUTION NO. 91- A RESOLUTION OF THE TEMECULA COMMUNITY SERVICES DISTRICT ON FILING A REPORT OF THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 1991-1992 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH. 06122/91 4 Award of Bids for TCSD Vehicles RECOMMENDATION: 4.1 ' Award the bids for purchase of three (3) vehicles for use by the TCSD as detailed in staff report. DISTRICT BUSINESS COMMUNITY SERVICES DIRECTOR'S REPORT BOARD OF DIRECTORS REPORTS ADJOURNMENT: Next regular meeting June 11, 1991, 8:00 PM, Temporary Temecula Community Center, 27475 Commerce Center Drive, Temecula, California TEMECULA REDEVELOPMENT AGENCY MEETING CALL TO ORDER: ROLL CALL: Mayor Ronald J. Parks presiding AGENCY MEMBERS: Birdsall, Lindemans, Mur~oz, Parks Moore, PUBLIC COMMENT: Anyone wishing to address the Agency, should present a completed pink 'Request to Speak'to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. AGENCY BUSINESS Election of Chairoerson (Continued from the meeting of May 14, 1991) At this time the Mayor, acting as temporary chair, will entertain motions from the members of the agency to select the President to preside until the end of calendar year 1991. 2Jaeende/OS2ee I 12 016122/e I 2 Election of Vice Chairoerson of the Redevelooment Aqencv (Continued from the meeting of May 14, 1991) At this time the newly elected Chairperson will entertain motions from members of the Agency to select the Vice Chairperson to preside until the end of calendar year 1991. 3 Minutes RECOMMENDATION: 3.1 3.2 3.3 Approve the minutes of the meeting of April 23, 1991 as mailed. Approve the minutes of the meeting of May 7, 1991 Approve the minutes of the meeting of May 14, 1991 as mailed. 4 Ordinance Providinq for the Time and Place of Temecula Redevelopment Agency Meetinas (Continued from the meeting of May 14, 1991) RECOMMENDATION: 4.1 Adopt an Ordinance entitled: RDA ORDINANCE NO. 91- AN ORDINANCE OF THE TEMECULA REDEVELOPMENT AGENCY PRO VIDING FOR THE TIME AND THE PLACE OF REDEVELOPMENT AGENCY MEETINGS. EXECUTIVE DIRECTOR'S REPORT GENERAL COUNSEL 'S REPORT AGENCY MEMBERS REPORTS ADJOURNMENT: Next regular meeting June 11, 1991, 8;00 PM, Temporary Temecula Community Center, 27475. Commerce Center Drive, Temecula, ~ California. 2/ligende/O628e1 13 06/22/01 BUDGET WORKSHOP ITEM NO. 1 APPROVAL FINANCE OFFICE~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Mary Jane Henry, Finance Officer May 28, 1991 FY 1991-92 Operating Budget RECOMMENDATION: That the City Council adopt Resolution 91- FY 1991-92 Operating Budget for the City of Temecula. __ to adopt the DISCUSSION/FISCAL IMPACT: At June 30, 1991, City reserves are expected to be $2,014,167. Revenues for the 1991-92 fiscal year are expected to be $13,960,933, including Sales Tax of $4.5 million and Gas Tax and Measure A revenues of nearly $1.8 million. The estimate for City expenditures is $13,083,082 including $4,124,007 for Police Services and Public Works appropriations of $1,657,069. The City should finish the year with a reserve for contingencies of $1.3 million, a reserve for road improvements of $700,984 and Unreserved Fund Balance of $782,734 in June 30, 1992. ATTACHMENTS: Resolution 91- Adopting Final Operating Budget for Fiscal Year 1991-92. RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADOPTING THE OPERATING BUDGET FOR THE FISCAL YEAR 1991-92 FOR THE CITY OF TEMECULA AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS FOR THE VARIOUS DEPARTMENT BUDGETS AND AUTHORIZING COMPENSATION FOR THE TEMECULA REDEVELOPMENT AGENCY. WHEREAS, the City Council of the City of Temecula has reviewed the proposed final Operating Budget for fiscal year 1991-92 and has held such public hearings as are necessary prior to adoption of the final Operating Budget, and WHEREAS, The Health and Safety Code Sections 33114 and 33114.5 provide that the City shall establish the compensation of the members of the Redevelopment Agency; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula, California, as follows: SECTION 1. That certain document now on file in the office of the City Clerk of the City of Temecula entitled "City of Temecula 1991-92 Annual Budget," is hereby adopted. SECTION 2. That the following controls are hereby placed on the use and transfers of budget appropriations: A. No expenditure of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. The Department Head may prepare a transfer of appropriations within departmental budget accounts up to $10,000 per transfer, with the approval of the City Manager. C. The City Manager may authorize expenditures of funds in amounts up to $10,000. Any expenditure of funds in excess of $10,000 requires City Council action. D. The City Council must authorize transfers of funds from the Unreserved Fund Balance and transfers within departmental budget accounts of $10,000 or more. E. The City Council must authorize any increase in regular personnel positions above the level included in the final budget. The City Manager may authorize the hiring of temporary or part time staff as necessary within the limits imposed by the controls listed above. 4\R~oa\176 05/21/91 F. The City Manager may approve change orders on Public Works contracts in amounts up to $10,000, if sufficient appropriated funds are available. SECTION 3. Outstanding encumbrances shown on the City books at June 30, 1991, are hereby appropriated for such contracts or obligations for 1991-92. SECTION 4. Each member of the Temecula Redevelopment Agency shall be compensated at the rate of Thirty Dollars ($30.00) per Agency meeting attended. No Agency member shall receive compensation for attending more than four (4) meetings of the Agency during any calendar month. In addition, Agency members shall receive their actual and necessary expenses incurred in the discharge of their duties. SECTION 5. The City Clerk shall certify adoption of the resolution. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 28th day of May, 1991, by the following vote, to wit: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: RONALD J. PARKS, Mayor ATTEST: JUNE S. GREEK, City Clerk [SEAL] 4\Reao~\176 05121/91 ITEM NO. 2 APPROVAL CITY ATTORNEY -~'/~ FINANCE OFFICER CITY MANAGER ~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Councilmember Mudoz May 28, 1991 Consideration of Funding Sources for County Health Office in Temecula PREPARED B~ June S. Greek, City Clerk RECOMMENDATION: Discuss possible funding sources for a County Health Office to be located in Temecula. BACKGROUND: Due to recent cutbacks by the County of Riverside, the funding for a planned County Health Office to be placed in Temecula has been cut. I have been informed that the cost to provide this facility would be approximately $218,000. annually to fund a three (3) day per week operation, and $301,000. annually to fund a five (5) day per week operation. JSG COUNTY OF RIVERSIDE /DEPARTMENT OF HEALTH FAGS ,~ (714) 358-4529 May10, 1991 Sa! Munoz 27555 Ynez Road Suite 400 Temecula, CA 92390 Dear Mr. Munoz: As per your request please find attached the estimated annual Temecula cost of public health clinic operations. It is disappointing not to be able to open the clinic, but the money currently is simply not there. As a matter of fact, a number of existing centers are being considered for closure. Any negotiations that might take place between the city and the county regarding funding of public health clinic operations should involve Supervisor Abraham and the Administrative Office. Also, if I or my staff can be helpful in any way, please let me know. Since re ly, £d~ard J. C~lagher,~,M.D. Director of He~d2h~--- EJG:la cc: Supervisor Abraham Attachment (1) HEALTH CENTERS CORONA 505 SOUTH BUENA VISTA - Corona. CA 9t72:0 · Hi[MET 880 NORTH STATE STREET - Hemeto CA 92343 · INDIO 46-209 OASIS STREET - Ine,e. CA 92201 ESTIMATED ANNUAL TEMECULA PUBLIC HEALTH CLINIC COSTS Staffing Pattern: 1 Physician Assistant HI, 2 RN Ws, 1 Nursing Assistant, 1 DSSA, and 30A Ws. Services Offered: Communicable Disease Control, TB, Sexually Transmitted Disease, Well-Baby through CHDP and CHIC, Immunizations and Travel Immunizations, Pregnancy Testing and Counseling as well as Family Planning Services. 3-Day Operation 5-Day Operation S~l~es $148,200 $247,000 Other 29,600 49,400 Lease 94,000 94,000 Gross Cost 271,800 390,400 Revenue 53,300 88,900 NCC $218,500 * $301,500 * Based on 90/91 costs. For 91/92 add 10% to NCC. 9 May 91 ITEM NO. 3 APPROVAL FINANCE OFFI C~R. CITY MANAGER TO: FROM: DATE: SUBJECT: TEMECULA COMMUNITY SERVICE DISTRICT AGENDA REPORT City Manager/Board of Directors Mary Jane Henry, Finance Officer May 28, 1991 FISCAL YEAR 1991-92 Annual Operating Budget RECOMMENDATION: That the Board of Directors adopt Resolution 91- to adopt the FY 1991-92 Annual Operating Budget for the Temecula Community Service District (TCSD). DISCUSSION/FISCAL IMPACT: The proposed TCSD operating budget for FY 1991-92 includes the operation of district-wide parks and recreation facilities, as well as benefit assessment zones for street lighting and slope to maintenance. The district wide operating budget is $1,586,103. The total budget for Zones A, B, and C is $855,911. ATTACHMENTS: Resolution 91- FY 1991-92 __ Adopting Final Operating Budget for CSD RESOLUTION NO. 91- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING THE ANNUAL OPERATING BUDGET FOR FISCAL YEAR 1991-1992 FOR THE TEMECULA COMMUNITY SERVICES DISTRICT AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS AND PERSONNEL POSITIONS AND AUTHORIZING DIRECTOR'S COMPENSATION. WHEREAS, the Temecula Community Services District (TCSD) has reviewed the proposed final Operating Budget for fiscal year 1991-92, and WHEREAS, Government Code Section 61207 provides that the Board of Directors of the Temecula Community Services District may establish their compensation; NOW THEREFORE, BE IT RESOLVED by the Temecula Community Services District as follows: SECTION 1. That certain document now on file in the office of the City Clerk of the City of Temecula entitled "City of Temecula 1991-92 Annual Operating Budget," is hereby adopted. SECTION 2. That the following controls are hereby placed on the use and transfers of budget appropriations: A. No expenditure of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. The Department Head may prepare a transfer of appropriations within departmental budget accounts up to $10,000 per transfer, with the approval of the TCSD General Manager. $10,000. action. C. The General Manager may authorize expenditures of funds in amounts up to Any expenditure of funds in excess of $10,000 requires TCSD Board of Directors D. The Board of Directors must authorize transfers of funds from unreserved Fund Balance and transfers within departmental budget accounts of $10,000 or more. 4\CSDRJ:~\179 05/21/91 E. The Board of Directors must authorize any increase in regular personnel positions above the level included in the final budget. The Executive Director may authorize the hiring of temporary or part time staff as necessary within the limits imposed by the controls listed above. F. The General Manager may approve change orders on Public Works contracts in amounts up to $10,000, if sufficient appropriated funds are available. SECTION 3. Outstanding encumbrances shown on the TCSD books at June 30, 1991, are hereby appropriated for such contracts or obligations for 1991-92. SECTION 4. Each Director of the Temecula Community Services district shall be compensated at the rate of One Hundred Dollars ($100.00) per District meeting attended. No Director shall receive compensation for attending more than six meeting of the Board during any calendar month. In addition, the Directors shall receive their actual and necessary expenses incurred in the discharge of their duties. SECTION 5. The Board Secretary shall certify adoption of the resolution. PASSED, APPROVED AND ADOPTED at a regular meeting of the Temecula Redevelopment Agency on the 28th day of May, 1991, by the following vote, to wit: AYES: DIRECTORS: NOES: DIRECTORS: ABSENT: DIRECTORS: ,Chairperson ATTEST: June S. Greek, Secretary Temecula Community Services District [SEAL] 4\CSDReao~\ 179 05/21/91 APPROVAL FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT TCSD BOARD OF DIRECTORS DAVID F. DIXON MAY 28, 1991 TCSD CAPITAL IMPROVEMENT BUDGET PREPARED BY: Shawn D. Nelson, Community Services Director RECOMMENDA T/ON: That the Board of Directors: Adopt a TCSD Capital Improvement Budget of $6,950,000. DISCUSSION: At the May 14, 1991 TCSD meeting, staff was directed by the Board of Directors to develop a total funding amount for the TCSD CIP based on a cap of the single family residence assessment not to exceed $50.00 per year. The approval of the aforementioned recommendation simply provides an appropriation for Community Service District Capital Improvements. The actual improvement to be undertaken will, per Board direction, be referred to the Parks and Recreation Commission for review and recommendation. After this action is taken, the recommended Capital Improvement Plan will be placed on the TCSD agenda for Board consideration. FISCAL IMPACT.' The CIP will be funded from CFD 88-12 Mello Roos proceeds ad other bond proceeds as indicated in Attachment A. The estimated annual debt service including capital costs, issuance fees, capitalized interest, and reserve fund is $505,277. The annual debt service is considered in the Community Services/Parks assessment. A TTA CHMENT.' Temecula Community Services District Capital Improvement Plan Financing. SDN/MJO:jsg ATTACHMENT A TEMECU'LA COMMUNITY SERVICES DISTRICT CAPITAL IMPROVEMENT PLAN FINANCING Capital Improvement Plan Projects Estimated Financing Cost Total to be Funded Less Mello Roos Proceeds Amount to be Financed Estimated Annual Debt Service $6,950,000.00 846,549.00 7,796,549.00 (2,000,000.00) 5,796,549.00 505,277.00 CSD RESOLUTION NO. 91- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR THE TEMECULA COMMUNITY SERVICES DISTRICT AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS WHEREAS, the Board of Directors of the Temecula Community Services District (TCSD) has reviewed the proposed budget for capital improvements. NOW THEREFORE, BE IT RESOLVED by the Temecula Community Services District as follows: SECTION 1. That the sum of $6,950,000. is hereby appropriated for Community Services District Capital Improvements. SECTION 2. That the following controls are hereby placed on the use and transfers of budget appropriations: A. No expenditure of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. The Department Head may prepare a transfer of appropriations within departmental budget accounts up to $10,000 per transfer, with the approval of the TCSD General Manager. $10,000. action. C. The General Manager may authorize expenditures of funds in amounts up to Any expenditure of funds in excess of $10,000 requires TCSD Board of Directors D. The Board of Directors must authorize transfers of funds from unreserved Fund Balance and transfers within departmental budget accounts of $10,000 or more. E. The Board of Directors must authorize any increase in regular personnel positions above the level included in the final budget. The Executive Director may authorize the hiring of temporary or part time staff as necessary within the limits imposed by the controls listed above. F. The General Manager may approve change orders on Public Works contracts in amounts up to $10,000, if sufficient appropriated funds are available. 4\CSDRmo~\ 180 05/21/91 SECTION 5. The Board Secretary shall certify adoption of the resolution. PASSED, APPROVED AND ADOPTED at a regular meeting of the Temecula Redevelopment Agency on the 28th day of May, 1991, by the following vote, to wit: AYES: DIRECTORS: NOES: DIRECTORS: ABSENT: DIRECTORS: AT'rEST: ,Chairperson June S. Greek, Secretary Temecula Community Services District [SEAL] 4\CSDRea~\ 180 05/2 i/91 ITEM NO. 4 APPROVAL CITY ATTORNEY FINANCE OFFIO~E~.?~, /~_ CITY MANAGER [~V~ TO: FROM: DATE: SUBJECT: TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT City Manager/Board of Directors Mary Jane Henry, Finance Officer~ May 28, 1991 FISCAL YEAR 1991-92 Annual Operating Budget RECOMMENDATION: That the Board of Directors adopt Resolution 91- to adopt the FY 1991-92 Annual Operating Budget for the Temecula Redevelopment Agency (RDA). DISCUSSION/FISCAL IMPACT: FY 1991-92 represents the first year of RDA operations. Revenues are anticipated to be $983,503. Budgeted project costs are $721,802. At June 30, 1992 the reserve for low/moderate housing set-aside is estimated at $196,701. ATTACHMENTS: Resolution 91- FY 1991-92 __ Adopting Final Operating Budget for RDA RESOLUTION NO. 91- A RESOLUTION OF THE TEMECULA REDEVELOPMENT AGENCY ADOPTING THE OPERATING BUDGET FOR THE FISCAL YEAR 1991-92 FOR THE TEMECULA REDEVELOPMENT AGENCY AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS. WHEREAS, the Temecula Redevelopment Agency has reviewed the proposed final Operating Budget for fiscal year 1991-92 NOW THEREFORE, BE IT RESOLVED by the Temecula Redevelopment Agency as follows: SECTION 1. That certain document now on file in the office of the City Clerk of the City of Temecula entitled "City of Temecula 1991-92 Annual Budget," is hereby adopted. SECTION 2. That the following controls are hereby placed on the use and transfers of budget appropriations: A. No expenditure of funds shall be made unless there is an unencumbered appropriation available to cover the expenditure. B. The Department Head may prepare a transfer of appropriations within departmental budget accounts up to $10,000 per transfer, with the approval of the Executive Director. to $10,000. action. C. The Executive Director may authorize expenditures of funds in amounts up Any expenditure of funds in excess of $10,000 requires Redevelopment Agency D. The Redevelopment Agency must authorize transfers of funds from unreserved Fund Balance and transfers within departmental budget accounts of $10,000 or more. E. The Redevelopment Agency must authorize any increase in regular personnel positions above the level included in the final budget. The Executive Director may authorize the hiring of temporary or part time staff as necessary within the limits imposed by the controls listed above. F. The Executive Director may approve change orders on Public Works contracts in amounts up to $10,000, if sufficient appropriated funds are available. 4\R~ao~\178 05/21/91 SECTION 3. Outstanding encumbrances shown on the Redevelopment books at June 30, 1991, are hereby appropriated for such contracts or obligations for 1991-92. SECTION 4. The Agency Secretary shall certify adoption of the resolution. PASSED, APPROVED AND ADOPTED at a regular meeting of the Temecula Redevelopment Agency on the 28th day of May, 1991, by the following vote, to wit: AYES: NOES: ABSENT: COUNCILMEMBERS COUNCILMEMBERS: COUNCILMEMBERS: ATTEST: ,Chairperson June S. Greek, Secretary Temecula Redevelopment Agency [SEAL] 4\Reao~\178 05121/91 CITY COUNCIL AGENDA ITEM NO. 1 ITEM NO. 2 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD MAY 7, 1991 An adjourned regular meeting of the Temecula City Council was called to order at 5:12 PM at City Hall, 43172 Business Park Drive, Temecula, California. Mayor Ron Parks presiding. PRESENT 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks ABSENT: O COUNCILMEMBERS: None Also present were City Manager David F. Dixon, City Attorney Scott F. Field, Assistant City Manager Mark Ochenduszko, and Finance Officer Mary Jane Henry. EXECUTIVE SESSION Mayor Parks declared a recess at 5:12 PM, to an executive session pursuant to Government Code Section 54956.9(c) to discuss initiation of litigation regarding SB2557 and Government Code Section 54957.6 to instruct the City's designated representatives regarding negotiating salary and fringe benefits of the City's employees. Mayor Parks declared a recess to an executive session of the Temecula Redevelopment Agency at 6:00 PM, pursuant to Government Code Section 54956.9(a) to discuss Dawes vs the County of Riverside et al. Mayor Parks declared a recess at 6:42 PM. The meeting was reconvened at 7:05 PM at the Temporary Temecula Community Center, 27475 Commerce Center Drive, Temecula, California. Mayor Ronald J. Parks presiding. CALL TO ORDER The meeting was called to order by Mayor Parks at 7:04 PM with all members present. Also present were City Manager David F. Dixon, City Attorney Scott Field and City Clerk June S. Greek. Minutes\05\07\91 - 1- 05/10/91 City Council Minutes May 7, 1991 PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Councilmember Birdsall. PUBLIC COMMENTS Tom Mindiola, 45644 Master Drive, asked that Council continue Item No. 2 requesting the Riverside Transit Agency provide a local fixed bus route to serve the City of Temecula. Mr. Mindiola stated he had been working with the City for some time to develop a workable bus system· He distributed material to the Council and staff outlining a new proposal in which there would be no charge to ride the buses. He stated that if the City chose to start a bus service with the RTA, it must go out to bid. CONSENT CALENDAR Mayor Parks removed Item No. 2 from the Consent Calendar. It was moved by Councilmember Moore, seconded by Councilmember Lindemans to approve Consent Calendar Item No. 1. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: Birdsall, Lindemans, Mu~oz, Parks None ABSENT: 0 COUNCILMEMBERS: None Resolution Designating Certain City Officers to Sign Checks 1.1 Moore, Adopt a resolution entitled: RESOLUTION NO. 91-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DESIGNA TING CERTAIN CITY OFFICERS TO SIGN CHECKS ON BEHALF OF THE CITY Ninutes\05\07~91 -2- 05/10/91 City Council Minutes May 7, 1991 Resolution Requesting the Riverside Transit Agency Provide a Local Fixed Bus Route to Serve the City of Temecula Councilmember Mu~oz stated that the RTA has indicated they can provide a start-up bus system for the City of Temecula within 30-45 days. He reported that in order for this to be put into place, this resolution must be approved before the RTA Board Meeting of May 23, 1991. Mr. Mu~oz expressed his concern over the many delays in working with Mr. Mindiola, stating that the last time the issue was heard, it was continued off calendar. He said, however, one route provided by the RTA would not preclude Mr. Mindiola from developing his bus system. Mayor Parks asked if the RTA Bus Route must go up for bid. City Attorney Field stated that the City is currently a member of RTA and this does not require going out to bid. Mayor Parks asked if the City would have advertising requirements with the RTA for their bus services. Councilmember Mu~oz reported that none would be required. It was moved by Councilmember Lindemans, seconded by Councilmember Mu~oz to adopt a resolution entitled: RESOLUTION NO. 91-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING OPERA TION OF PUBLIC TRANSPORTATION WITHIN THE TEMECULA CITY LIMITS BY THE RIVERSIDE TRANSIT AGENCY The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None COUNCIL BUSINESS 3. Award of Bid - Waste Management Joe Hreha, Manager of Information Systems, introduced the staff report. Ninutes\05\07\g1 -3- 05/10/91 City Council MinuTes May 7, 1991 Robert Nelson, County of Riverside Waste Management Director, 11728 Magnolia, Suite A, Riverside, requested that the City Council consider the implications of hauling refuse to a remote location in Perris. He asked that the City make a commitment to the local MRF in Murrieta, instead of diffusing the waste stream to distant MRF's. He suggested all of the cities in the County need to work together on Waste Management. RECESS Mayor Parks declared a recess at 8:10 PM to accommodate the scheduled Community Services District Meeting. The meeting was reconvened following the CSD meeting at 9:03 PM. 3. Award of Bid - Waste Management (Cont.) Verlyn Jensen, 650 Town Center Drive, Costa Mesa, representing Inland Disposal, stated Inland Disposal has been the primary provider for this area for the past 20 years. He stated that the permitting process for a MRF is a time consuming, difficult process and choosing a company where this is in question could be an economic risk for the City. He said the technology being proposed is not only "state of the art", but may be beyond current capabilities. William Harker, 31130-85 South General Kearny Road, Director of the Old Town Temecula Museum, requested the City reconsider its recommendation and continue to use the services of Inland Disposal. He stated Inland Disposal has been generous to the museum and feels this company's past contributions should be considered. Barbara Pearson, 30150 Via Monterey, stated Inland Disposal has made a commitment to this community and has done an excellent job. She asked that the Council reconsider its recommendation. Evelyn Harker, 31130-85 South General Kearny Road, asked that the Council use local firms for its services, and asked that Inland Disposal be awarded the bid. Jeanne L. Burns, 30112 Santiago Road, stated that Inland Disposal has served this community well through the years and asked that the bid be awarded to Inland Disposal. Byron Georgio, San Diego, representing Bay Cities, stated they have purchased two local haulers, and a lot to house a maintenance yard in Temecula. He stated that Bay Cities submitted the lowest bid on everything but the first item N i nutes\05\07\g1 -/*- 05/10/91 City Council Minutes May 7, 1991 and explained the reason for coming in higher on the first item is due to a bulky waste pick-up charge, which is normally a fee that is charged when citizens make special requests. He also stated that Bay Cities would have been happy to offer incentives such as those offered by CR&R, however they were told by City staff to simply bid on the RFP's. Mr. Georgio reported that Bay Cities visited the proposed site in the City of Perris, and the City of Perris had no knowledge of CR&R's plans. Gary Jackman, P.O. Box 6160, Canyon Lake, representing Bay Cities, suggested that the Council check with the LEA on the proposed facility in Perris, stating it is not licensed to handle co-mingled trash. He asked that this matter be continued until this can be accomplished. Joe Schneider, 29951 Camino Del Sol, asked that all RFP's include the requirement that haulers use vehicles that can use clean burning fuels. Michael Silva, 11311 Lampsoil, Vice President of CR&R, stated he would appreciate the opportunity to serve the City of Temecula. He said the company has been in business for over 25 years and are licensed to handle co-mingled waste. He stated the City of Perris is aware of intentions to utilize a facility in their city. David Fahrion, 21172 Ponderosa, Mission Viejo, advised that CR&R operates a fully operational MRF system in the City of Stanton presently. Councilmember Mu~oz asked if an EIR is required for establishing a MRF. City Attorney Field stated it is not a requirement in all circumstances, but in a majority of cases it is. Mayor Parks asked if all charges are included in the bid. Mr. Silva answered that all costs are included with the exception of the processing costs or landfill rates, that every hauler must pay. Councilmember Mu~oz asked if CR&R would be willing to go to another MRF if requested by the Council. Mr. Silva answered that CR&R would do whatever is cost effective. Councilmember Mu~oz asked that the statement by Bay Cities that they were the lowest bid be addressed. Joe Hreha, Manager of Information Systems, presented several slides outlining the City's method of determining CR&R to be the lowest bid. Ninutes\05\07~91 -5- 05/10/91 City Council Minutes May 7, 1991 It was moved by Councilmember Moore, seconded by Councilmember Mu~oz to extend the meeting until 10:30 PM. The motion was unanimously carried. Robert Nelson, County Waste Management, asked that local processing be added to any contract drawn up by the City. Councilmember Moore stated that by approving staff recommendation, staff would be given authorization to negotiated the franchise agreement. She stated the City would not be bound by this action and negotiations could begin. It was moved by Councilmember Linderoans, seconded by Councilmember Moore to approve staff recommendations. Mayor Parks expressed concern that as a part of the County's Waste Management District, the City needs to work together with the County and use a waste facility that the County can agree upon. City Manager Dixon suggested modifying the motion to direct staff to negotiate the franchise agreement and award the bid after these negotiations have taken place. It was moved by Councilmember Lindemarts, seconded by Councilmember Moore to amend the motion to approve staff recommendation 3.2 as follows: 3.2 Direct staff to negotiate an exclusive franchise with CR&R to provide residential and commercial collection, disposal, and recycling of solid waste; and delay consideration of 3.1 until after the franchise is completed and presented to the Council. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Linderoans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Minutes\05\07\91 -6- 05/10/91 City Council Minutes May 7, 1991 4. Policy Regarding Proposed Murrieta Material Recovery Facility Joe Hreha, Manager of Information Systems, introduced the staff report. Jim Astor, 28636 Front Street, Inland Disposal, asked the City Council not to further delay the process of creating a MRF in the City of Murrieta, stating this will also be of benefit to the City of Temecula. He asked that the City meet and discuss points of concern prior to the County Planning Commission meeting on May 22, 1991. Robert Nelson, County of Riverside Waste Management Director, 11728 Magnolia, Suite A, Riverside, asked that the City to support the local MRF instead of further delaying the progress. Councilmember Moore suggested that all parties meet together to address the concerns of the Council and staff. City Manager Dixon suggested that between now and May 22, 1991, a meeting should be arranged to include the County staff, Waste Management Company, the Murrieta City Council-elect to address points of concern in the hopes they can be resolved. He further suggested that staff be authorized to attend the County Planning Commission meeting on May 22, 1991 to express any concerns identified. He stated the recommendation should be changed to reflect that staff is not authorized to request that the MRF be held in abeyance. It was moved by Councilmember Moore, seconded by Councilmember Lindemarts to extend the meeting to 11:00 PM. The motion was unanimously carried. It was moved by Councilmember Birdsall, seconded by Councilmember Lindemans to direct City staff to arrange a meeting of the parties to include the County staff, Waste Management Company, the Murrieta City Council-elect and authorize staff to attend the County Planning Commission meeting on May 22, 1991 to express any concerns identified, but not to request the MRF be held in abeyance. Hir~tes\05\07~¢1 -?- 05/10/¢1 City Council Minutes The motion was carried by the following vote: AYES: 5 NOES: ABSENT: COUNCILMEMBERS: Birdsall, Muhoz, Parks 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None May 7, 1991 Lindemans, Moore, 5. Consideration of Proposed Fiscal Year 1991-92 Annual Operating Budget City Manager Dixon introduced the staff report. He reported the intent of the budget is to incorporate the mission statement in the upcoming plans for the City. He stated a one percent (1%) reduction in costs has been achieved and a number of new projects and programs have been incorporated. He also stated a 10% contingency fund is proposed. Mr. Dixon reported that copies of the proposed budget would be available for review at City Hall, Chamber of Commerce and the library. Mr. Dixon recommended that this item be continued to the meeting of May 28, 1991, at which time comments from the public and Council can be incorporated. It was moved by Councilmember Lindemans, seconded by Councilmember Mu~oz to continue this item to the meeting of May 28, 1991. The motion was unanimously carried. RECESS Mayor Parks called a recess at 10:50 to accommodate the scheduled Redevelopment Agency meeting. Following the Redevelopment Agency meeting, the City Council meeting was reconvened at 10:51 PM. CITY MANAGER REPORTS None given. CITY ATTORNEY REPORTS None given. 14inutes\05\07\91 -8- 05/10/91 City Council Minutes May 7, 1991 CITY COUNCIL REPORTS Councilmember Birdsall requested that formation of a Main Street Revitalization Committee be placed on the agenda of May 14, 1991. ADJOURNMENT It was moved by Councilmember Birdsall, seconded by Councilmember Lindemans to adjourn at 10:58 PM. The motion was unanimously carried. Ronald J. Parks, Mayor ATTEST: June S. Greek, City Clerk Hinutes\05\07\91 -9- 05/10/91 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD MAY 14, 1991 A regular meeting of the Temecula City Council was called to order at 6:37 PM at the Temporary Temecula Community Center, 27475 Commerce Center Drive, Temecula, California. Mayor Pro Tem Patricia H. Birdsall presiding. PRESENT 3 COUNCILMEMBERS: Birdsall, Mu~oz Lindemans, ABSENT: 2 COUNCILMEMBERS: Moore, Parks Also present were City Manager David F. Dixon, City Attorney Scott F. Field, and City Clerk June S. Greek. City Attorney Scott Field requested that the Temecula Redevelopment Agency be called to order for the purpose of recessing to executive session pursuant to Government Code Section 94956.9(a) to discuss Dawes vs. the County of Riverside. It was moved by Mayor Pro Tern Birdsall, seconded by Councilmember Lindemans to call the Temecula Redevelopment Agency to order for the purpose of holding an executive session as outlined by the City Attorney. The motion was unanimously carried with Councilmembers Moore and Parks absent. EXECUTIVE SESSION Mayor Pro Tem Birdsall declared a recess to an executive session at 6:40 PM, pursuant to Government Code Section 54956.8 regarding acquisition of real property located in Wolf Valley from the Colina Vista Homeowners Association and to consider potential litigation pursuant to Government Code Section 54956.9(c). Mayor Parks jointed the Executive Session at 6:41 PM. The meeting was reconvened at 7:23 PM in regular session by Mayor Parks. INVOCA T/ON The invocation was given by Pastor Gary Nelson, Calvary Chapel. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Councilmember Mu~oz. 4Min\051491 -1- 05/21/91 City Council Minutes May 14, 1991 PRESENTATIONS AND PROCLAMATIONS Mayor Parks proclaimed May 15, 1991 Transit Appreciation Day, and May 19, 1991 as California Peace Day. PUBLIC FORUM Jim Marpie, 19210 St. Gallen Way, Murrieta, addressed the City Council regarding the benefit assessment area for the Santa Margarita Watershed. William Harker, 31130-85 South General Kearny Road, Temecula, representing the Old Town Architectural Review Committee, requested that consideration be given to expanding the boundaries of the Old Town Historical District. He recommended expanding on the south to Santiago Road and the north to include Sam Hicks Park. Councilmember Lindemarts requested that staff initiate the proper procedures to accomplish the expansion. Chris Martinelli, 30255 Corte Cantania, addressed the City Council regarding the mailing of public hearing notices. She requested that these noticed be mailed certified mail, return receipt requested. Gwen Leevers, 28581 Front Street, representing the Temecula Valley High School Scholarship Foundation, asked that the City Council place consideration of funding four civic scholarships of at least $250 each on the next agenda. Councilmember Lindemans requested that staff place this in the Council's discretionary budget for consideration. David Ciabattoni, 41646 Avenida de La Reina, thanked the City for the opportunity to meet with the Public Safety Commission. He also addressed the matter of insufficient staff support for the Commissions. CONSENT CALENDAR Councilmember Linderoans stated he would abstain from Items 5 - 9 due to a conflict of interest. He requested the removal of Item 18, asking it be continued for two weeks to allow further study. He also requested the removal of Items 19 and 20 for further discussion. Mayor Parks stated he would abstain from Items 11 and 12 due to a conflict of interest. 4Min\051491 -2- 05121/91 Citv Council Minutes May 14, 1991 It was moved by Councilmember Birdsall, seconded by Councilmember Lindemans to approve Consent Calendar Items 1-4, 10-12, 14, 16 and 17. Mayor Parks stated he would abstain from Items 11 and 12. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Mu~oz, Parks None Moore NOES: 0 ABSENT: 1 COUNCILMEMBERS: COUNCILMEMBERS: 7781t was moved by Councilmember Birdsall, seconded by Mayor Parks to approve Consent Calendar Items 5-9. The motion was carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Moore ABSTAIN: I COUNCILMEMBERS: Lindemans Standard Ordinance Adoption Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Minutes 2.1 Approve the minutes of April 23, 1991, as mailed. 4Min\051491 - 3- 05/21/91 City Council Minutes 3. Resolution Approving List of Demands e May 14, 1991 3.1 Adopt a resolution entitled: RESOLUTION NO. 91-4.4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Combined Balance Sheet as of March 31, 1991 and Statement of Revenues, Expenditures and Changes in Fund Balance for the Nine Months Ended March 31, 1991. 4.1 Receive and file report. 4.2 Adopt a resolution entitled: RESOLUTION NO. 91-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 1990-91 BUDGET TO ACCOMPLISH A BUDGET TRANSFER AS DETAILED IN ATTACHMENT A Final Tract Map 24131-1 5.1 Approve Final Tract Map No. 24131-1, subject to the conditions of approval. Final Tract Map 24133-4 6.1 Approve Final Tract Map No. 24133-4, subject to the conditions of approval. Final Tract Map 24134-F 7.1 Approve Final Tract Map No. 24134-F, subject to the conditions of approval. 4Min\051491 -4- 05/21/91 City Council Minutes 8. 10. 11. May 14, 1991 Final Tract Map 24135-1 8.1 Approve Final Tract Map No. 24135-1, subject to the conditions of approval. Final Tract MaD 24136-1 9.1 Approve Final Tract Map No. 24136-1, subject to the conditions of approval. Release of Faithful Performance Warranty Bonds for Tract 18518-3 10.1 Authorize the release of Faithful Performance warranty Bonds for street, water system and sewer system improvements for Tract No. 18518-3. 10.2 Direct the City Clerk to so notify the Clerk of the County Board of Supervisors. Accept Public Improvements in Tract No. 19872-1 11.1 Accept the public improvements in Tract No. 19872-1 and authorize the reduction of street, sewer and water Faithful Performance Bonds. 11.2 Accept the replacement bonds for reduced amounts. 11.3 Approve the subdivision agreement rider. 11.4 Direct the City Clerk to so notify the Clerk of the County Board of Supervisors. The motion was carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Lindemans, Mu~oz NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Moore ABSTAIN: 1 COUNCILMEMBERS: Parks 4Min\051491 -$- 05/21/91 City Council Minutes 12. Accept Public Improvements in Tract No. 19872-2 12.1 Accept the public improvements in Tract authorize the reduction of street, sewer Performance Bonds. May 14, 1991 No. 19872-2 and and water Faithful 14. 12.2 Accept the replacement bonds for reduced amounts. 12.3 Approve the subdivision agreement rider. The motion was carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Lindemarts, Mu~oz NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Moore ABSTAIN: 1 COUNCILMEMBERS: Parks Public Improvement Bond Reduction - Tract No. 21765 14.1 Accept the public improvement in Tract No. 21765 and authorize the reduction of street, water system and sewer system Faithful Performance Bond amounts. 14.2 Approve the subdivision agreement rider and guaranty agreements. 14.3 Accept the Faithful Performance Maintenance guaranty bonds. 14.4 Direct the City Clerk to so notify the Clerk of the County board of Supervisors. 16. Memorandum of Understanding - Costco 16.1 Approve a Memorandum of Understanding with Costco. 4Min\051491 -6- 05/21/91 City Council Minutes 17. May 14, 1991 Adoption of Resolution Authorizing Changes in Employee Benefits and Salaries 17.1 Adopt a resolution entitled: RESO!. UTION NO. 91-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECUIA REVISING THE CAFETERIA BENEFITS PLAN. 13. City of Temecula Street Banner Program Assistant City Manager Mark Ochenduszko and Joe Hreha, Manager of Information Systems, introduced the staff report. Assistant City Manager Mark Ochenduszko stated this program has not been approved by the Council. He explained Council requested that staff look into a banner program to introduce major events. He explained that if Council desires, staff can pursue the street banner program and return with final costs and location sites for consideration. It was moved by Councilmember Birdsall, seconded by Councilmember Lindemans to direct staff to pursue the street banner program and return with final costs, program development, budget identification and exact installation locations. The motion was carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Lindemans, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Moore RECESS Mayor Parks recessed the meeting at 8:07 PM to accommodate the scheduled Community Services District Meeting. The meeting was reconvened following the Community Services Meeting at 9:06 PM. 4Min\051491 - 7- 05/21/91 City Council Minutes May 14, 1991 15. Cooperative Agreement with CalTrans - Construction of Rancho California Road I-15 Improvements Councilmember Mu~oz requested an update be given on the timing of the installation of signals. City Manager Dixon reported that the agreement before Council is the third in four required agreements, and the projected installation of the traffic lights is the first part of September. Mayor Parks asked if funds were available to continue the use of traffic directors. City Manager Dixon reported that funds were budgeted for next year. It was moved by Councilmember Mu~oz, seconded by Councilmember Lindemans to authorize the Mayor to execute the cooperative agreement in substantially the form of the attached agreement, subject to the approval of the City Engineer and City Attorney as to form. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Moore 18. Procedures for Adoption of Development and Pre-annexation Agreements It was moved by Councilmember Lindemarts, seconded by Councilmember Birdsall to continue this item to the meeting of May 28, 1991. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Parks Mu~oz, NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Moore 4Min\051491 -8- 05/21/91 City Council Minutes May 14, 1991 Councilmember Lindemarts asked that Item 20 be heard before Item 19. Hearing no objections, Mayor Parks reordered the agenda. 20. City Support of Temecula Valley Chamber of Commerce City Manager Dixon introduced the staff report. Allan R. McDonald, 43466 Manzano Drive, President of the Temecula Valley Chamber of Commerce, spoke in favor of the City Council approving staff recommendation. He asked that the original funding level request of $22,500 for the balance of FY 1990-91 be considered. Bill Bopf, 41707 Winchester Road, Suite 301, spoke in favor of the funding for the Chamber of Commerce, stating that the Chamber has provided services that would otherwise have required the hiring of additional City staff. Councilmember Lindemans stated he feels the Chamber should receive the funding at the level they have requested instead of supporting the Economic Development Corporation. Councilmember Birdsall asked if the Chamber will be provide a financial statement, as other organizations have been required to provide when ~equesting funding. City Manager Dixon stated that a contract with the Chamber will be provided. It was moved by Councilmember Lindemans, seconded by Councilmember Birdsall to authorize an allocation of $22,500 for financial support to the Chamber of Commerce for the balance of FY 1990-91 and to request $45,000 be allocated in the FY 1991-92 budget. The motion was carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Lindemans, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Moore ABSTAIN: 1 COUNCILMEMBERS: Mu5oz 4Min\051491 - 9- 05/21/91 City Council Minutes May 14, 1991 19. City Participation in the Temecula Economic Development Corporation City Manager Dixon introduced the staff report recommending that the City Council authorize an expenditure for two memberships in the Temecula Economic Development Corporation. Bill Bopf, 41707 Winchester Road, Suite 301, spoke in favor of the City Council supporting the request for two City memberships in the Economic Development Corporation. Councilmember Mu~oz asked if this is a duplication of effort by the Chamber of Commerce. City Manager Dixon stated these functions are similar, however they have a different emphasis. He explained that the Chamber's emphasis is on public relations functions for the area, whereas the Economic Development Corporation will dedicate its' efforts to recruiting new business and industry and retaining existing businesses. Mayor Parks called a short recess to change the tape at 9:41 PM. The meeting was reconvened at 9:42 PM. Councilmember Lindemans said he is not in favor of funding the Economic Development Corporation, stating that he feels Temecula needs to recruit businesses for Temecula, not the surrounding area. It was moved by Councilmember Birdsall, seconded by Mayor Parks to authorize an expenditure of $10,000 for two (2) memberships in the Temecula Economic Development Corporation. The motion was carried by the following vote: AYES: 3 NOES: 1 ABSENT: 1 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Mu~oz, Parks Lindemans Moore 4Min\051491 - 1 O- 05/21/91 City Council Minutes May 14, 1991 SECOND READING OF ORDINANCES 21, Ordinance Repealing and Adding Sections to the Temecula Municipal Code Establishing Vehicle and Traffic Regulations Jeri Witt, 30321 Tradewater Court, spoke in support of this ordinance and thanked the Traffic Commission, City Council and City Staff for their efforts. It was moved by Councilmember Lindemans, seconded by Councilmember Birdsall to read by title only and adopt an ordinance entitled: ORDINANCE NO. 91-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING PORTIONS OF THE NON-CODIFIED RIVERSIDE COUNTY ORDINANCES AND ADDING CHAPTER 12.08 TO THE TEMECULA MUNICIPAL CODE ESTABLISHING REGULATIONS RELA TING TO VEHICLES AND TRAFFIC The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Moore Mayor Parks stated he received a request that Items 28 and 29 be heard before the public hearings. Hearing no objections, Mayor Parks reordered the agenda. COUNCIL BUSINESS 28. Location of Temecula Unified School District Bus Storage Facility City Manager Dixon introduced the staff report. Mayor Parks stated he had a conversation with John Brooks and the Temecula Valley Unified School District is moving quickly to resolve the problem. City Manager Dixon stated that John Burns of the School District advised him that the district is proceeding. 4Min\051491 -I 1- 05/21/91 City Council Minutes May 14, 1991 Frank Kimbro, 31231 Corte Alhambra, spoke in favor of the City Council taking steps to assist with this problem. He advised that the appraisal of his property is $25,000 to $30,000 lower than comparable properties in the City. It was moved by Councilmember Birdsall, seconded by Councilmember Lindemans to extend the meeting to 11:00 PM. Councilmember Mu~oz stated he felt the Council should defer some of the agenda items to another meeting and would vote no on the motion to extend. The motion was carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Linderoans, Parks NOES: 1 COUNCILMEMBERS: Mu~oz ABSENT: 1 COUNCILMEMBERS: Moore Ben Madison, 31241 Corte Alhambra, addressed the City Council regarding the health problems the residents of this area are facing due to the exhaust fumes being generated by this facility. Elizabeth Kimbro, 31231 Corte Alhambra, spoke in objection to the location of the bus facility. Laverne Stafford, 416542 Avenida De La Reina, spoke in objection to the location of the bus facility. Joe Seguin, 41640 Ave De La Reina, spoke in objection to the location of the bus facility. Tom Bramwell, 31221 Corte Alhambra, deferred to the next speaker. James Ebben, 41675 Avenida De La Reina, President of the Villages II Homeowners Association, spoke regarding the need to adopt a Noise Ordinance and stated a permanent solution for the bus barn needs to be addressed. David Ciabattoni, 41646 Avenida De La Reina, spoke regarding the EIR for the facility and requested that the City adopt a Noise Ordinance which would allow City involvement in this issue. 4Min\051491 -12- 05/21/91 City Council Minutes May 14, 1991 Councilmember Birdsall stated that closing this facility down would affect thousands of school children. Councilmember Mu~oz suggested that the Temecula Valley School District investigate the possibility of a joint venture with the Murrieta School District regarding a facility. He also suggested that the City Council inform the School District Board that the City Council is concerned with the problem. City Manager Dixon advised that staff can bring back a report on this issue in two weeks. Councilmember Lindemans requested that not only a report be brought back, but a solution. Mayor Parks called a brief recess to change the tape at 10:40 PM. The meeting was reconvened at 10:41 PM. Councilmember Mu~oz suggested that the City recommend that the School District use one of its vacant school sites to house the bus parking as a temporary solution. It was moved by Councilmember Mu~oz, seconded by Councilmember Lindemans to direct staff to make recommendations in two weeks with respect to the timely abating and eliminating of problems associated with the operation of the Bus Storage Facility; and further to transmit a letter to the Board of Directors of the 'FVUSD outlining the City Councils' concerns. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Moore 29. Traffic Study - Avenida De La Reina City Engineer Tim Serlet introduced the staff report and recommended that a traffic study be completed before a four-way stop sign is installed. Kathy Hamilton, 41681 Avenida De La Reina, addressed the City Council speaking in favor of the City taking action to alleviate the traffic problem on her 4 Min\051491 - 13- 05/21/91 City Council Minutes May 14, 1991 residential street. Joe Seguin, 41640 Avenida De La Reina, spoke in favor of the traffic study. David Ciabattoni, 41646 Avenida De La Reina, spoke in favor of staff recommendation and asked that a commitment be made to resolve this situation. It was moved by Councilmember Lindemans, seconded by Councilmember Birdsall to approve staff recommendations 29.1 and 29.2 as follows: 29.1 Direct staff to prepare a traffic engineering study addressing traffic conditions on Avenida De La Reina between Rancho California Road and Rancho Vista Road. 29.2 The motion was carried by the following vote: Authorize funds in the amount of $12,500 to conduct the study. COUNCILMEMBERS: COUNCILMEMBERS: NOES: 0 ABSENT: 1 AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Mu~oz, Parks None Moore Mayor Parks opened the public hearing on Items 24, 25 and 27. 24. Adoption of National Electrical Code, 1990 Edition and the Uniform Administrative Provisions for the National Electrical Code, 1990 Edition with Certain Amendments 25. Adoption of Ordinance Pertaining to Advertising Regulations and Establishing Regulations for the Use of Ambient Air Balloons and Other Similar Inflatables 27. Ordinance to Provide for Expedited Abatement of Hazardous Vegetation from Vacant Lots or Parcels 4Min\051491 -14- 05/21/91 City Council Minutes May 14, 1991 31. 32. It was moved by Councilmember Mu5oz, seconded by Councilmember Birdsall to continue the public hearings on Items 24, 25 and 27 to the meeting of May 28, 1991. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Mu~oz, Parks None Moore NOES: 0 ABSENT: 1 COUNCILMEMBERS: COUNCILMEMBERS: Entitlement of Lake Elsinore to the City of Lake Elsinore It was moved by Councilmember Lindemans, seconded by Councilmember Birdsall to continue this item off calendar. The motion was carried by the following vote: AYES: COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: I COUNCILMEMBERS: Main Street Revitalization Committee Birdsall, Lindemans, Mu~oz, Parks None Moore It was moved by Councilmember Lindemans, seconded by Councilmember Birdsall to continue this item to May 28, 1991. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemarts, Mu~oz, Parks NOES: ABSENT: 0 COUNCILMEMBERS: None COUNCILMEMBERS: Moore 4Min\051491 - 15- 05/21/91 City Council Minutes May 14, 1991 It was moved by Councilmember Birdsall, seconded by Councilmember Lindemans to extend the meeting until 12:00 AM. The motion was carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Lindemans, Parks NOES: 1 COUNCILMEMBERS: Mu~oz ABSENT: I COUNCILMEMBERS: Moore RECESS Mayor Parks called a recess at 11:13 PM. The meeting was reconvened at 11:20 PM. PUBL/C HEARINGS 23. Change of Zone No. 5 Gary Thornhill, Director of Planning, introduced the staff report. Mayor Parks opened the public hearing at 11:28 PM. Ray Casey, 15090 Avenue of Science, Ste 200, San Diego, representing the applicant, addressed the 4,500 square foot minimum lot size, stating this smaller lot size is offset by open space. 22. Revised Vesting Tentative Tract Map No. 23267 Gary Thornhill, Director of Planning, introduced the staff report. Mayor Parks opened the public hearing at 11:36 PM to be considered concurrently with Item No. 23, Change of Zone No. 5. Councilmember Mudoz asked why the park sites were listed as sub-standard. Shawn Nelson, Director of Community Services, stated that these sites were deemed sub-standard due to the topography and the liability of the reservoir. Councilmember Lindemans stated his objection to this project, stating it is very close to Red Hawk where larger more expensive homes are being built. 4Min\051491 - 16- 05/21/91 City Council Minutes May 14, 1991 Mayor Parks called a one minute break to change the tape at 11:50 PM. The meeting was reconvened at 11:51 PM. Alexander W. Urquhart, 5650 El Camino Real, Ste 200, Carlsbad, the project engineer, outlined the design of the project stating this project would be a comparable complex to Red Hawk. Mr. Urquhart showed slides further outlining the area for the Council and showing the open space along with rare vegetation which would be preserved. It was moved by Councilmember Lindemans, seconded by Councilmember Birdsall to extend the meeting until 12:30 AM. The motion was carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Lindemans, Parks NOES: 1 COUNCILMEMBERS: Mu5oz ABSENT: 1 COUNCILMEMBERS: Moore Councilmember Mu~oz stated he would like the lake site preserved for possible reclaimed water use. Mayor Parks closed the public hearings on Items No. 22 and 23 at 12:23 AM. It was moved by Councilmember Birdsall, seconded by Mayor Parks to approve staff recommendations on Items 22 and 23 as follows: 22.1 Adopt an Addendum to EIR No. 281. 22.2 Adopt a resolution entitled: RESOLUTION NO. 91-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE TRACT MAP NO. 23267 TO SUBDIVIDE A 189 ACRE PARCEL INTO 601 SINGLE FAMILY RESIDENTIAL LOTS AND 5 OPEN SPACE LOTS LOCA TED ALONG THE SOUTH SIDE OF HIGHWAY 79 BETWEEN PALA AND MARGARITA ROADS AND KNOWN AS ASSESSOR'S PARCEL NO. 926-016-002, 003, 012, 017, AND 025 4Min\051491 -17- 05/21/91 City Council Minutes May 14, 1991 23.1 Adopt the Addendum to EIR No. 281 for Change of Zone No. 5 23.2 Adopt a resolution entitled: RESOLUTION NO. 91-4.8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING CHANGE OF ZONE NO. 5 TO CHANGE THE ZONING ON 221.2 ACRES OF LAND FROM R-R (RURAL RESIDENTIAL) TO Ro3, R-4, AND R-5 ALONG THE SOUTH SIDE OF HIGHWAY 79 BETWEEN PALA AND MARGARITA ROAD KNOWN AS ASSESSOR'S PARCEL NO. 926- 016-002, 003, 012, 017AND PORTIONS 0F926-016-02 The motion was carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Mu~oz, Parks NOES: 1 COUNCILMEMBERS: Lindemans ABSENT: 1 COUNCILMEMBERS: Moore It was moved by Councilmember Birdsall, seconded by Councilmember Mu~oz to approve staff recommendation 23.3 as follows: 23.3 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 91-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP OF SAID CITY IN THE CHANGE OF ZONE APPLICATION CONTAINED IN DEVEL OPMENT PERMIT NO. 5, CHANGING THE ZONE FROM R-R (RURAL RESIDENTIAL) TO R-3, R-4, AND R-5 ALONG THE SOUTH SIDE OF HIGHWAY 79 BETWEEN PALA AND MARGARITA ROADS AND KNOWN AS ASSESSOR'S PARCEL NO. 926-016-002, 003, 012, 017 AND PORTIONS OF 926-016-025 4Min\051491 -18- 05/21/91 City Council Minutes The motion was carried by the following vote: May 14, 1991 AYES: 3 COUNCILMEMBERS: Birdsall, Mu~oz, Parks NOES: 1 COUNCILMEMBERS: Lindemans ABSENT: I COUNCILMEMBERS: Moore Councilmember Mu~oz excused himself at 12:25 AM. 26. Change of Zone No. 12 Gary Thornhill, Director of Planning, introduced the staff report. Mayor Parks opened the public hearing at 12:26 AM. Having no requests to speak, Mayor Parks closed the public hearing at 12:26 AM. It was moved by Councilmember Birdsall, seconded by Councilmember Lindemarts to approve staff recommendations 26.1 and 26.2 as follows: 26.1 Adopt a Negative Declaration for Change of Zone No. 12. 26.2 Adopt a resolution entitled: RESOLUTION NO. 91-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING CHANGE OF ZONE NO. 12 TO CHANGE THE ZONING ON 41.6 ACRES OF LAND FROM A-2-20 (HEAVY AGRICULTURE) TO I-P (INDUSTRIAL PARK) AND R-5 (OPEN AREA) AT THE NORTHWEST CORNER OF MARGARITA ROAD AND SOLANA WAY AND KNOWN AS ASSESSOR'S PARCEL NOS. 921-909-007 AND 921-090-080 The motion was carried by the following vote: AYES: 3 NOES: 0 ABSENT: 2 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Lindemans, Parks None Moore, Mu~oz 4Min\051491 -19- 05/21/91 City Council Minutes May 14, 1991 30. It was moved by Councilmember Lindemans, seconded by Councilmember Birdsall to introduce and read by title only an ordinance entitled: ORDINANCE NO. 91-21 AN ORDINANCE OF THE CITY COUNCIl- OF THE CITY OF TEMECUl-A AMENDING THE OFFICIAl- ZONING MAP OF SAID CITY IN THE CHANGE OF ZONE APPLICATION CONTAINED IN CHANGE OF ZONE NO. 12, CHANGING THE ZONE FROM A-2-20 (HEAVY AGRICUI,TURE) TO I-P (INDUSTRIAl- PARK) AND R-5 (OPEN AREA) ON PROPERTY LOCA TED ON THE NORTHWEST CORNER OF MARGARITA ROAD AND SOI,ANA WAY The motion was carried by the following vote: AYES: 3 NOES: 0 ABSENT: 2 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Lindemans, Parks None Moore, Mu5oz Selection of General Plan Consultant Gary Thornhill introduced the staff report. It was moved by Councilmember Birdsall, seconded by Lindemans to approve staff recommendations as follows: 30.1 30.2 Councilmember Approve the selection of The Planning Center as the consultant to prepare the City's General Plan. Direct staff to prepare a contract for approval by the City Council. The motion was carried by the following vote: AYES: 3 NOES: 0 ABSENT: 2 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Lindemarts, Parks None Moore, Mu~oz 4Min\051491 -20- 05/21/91 City Council Minutes May 14, 1991 33. Pass-through Agreement with the County of Riverside City Attorney Field introduced the staff report. It was moved by Councilmember Lindemans, seconded by Councilmember Birdsall to approve the agreement entitled "Agreement between the Redevelopment Agency of the County of Riverside, County of Riverside Asset Leasing Corporation, the City of Temecula and the Redevelopment Agency of the City of Temecula for reimbursement and distribution of tax increment funds from the Temecula Redevelopment Project", in substantially the form presented, subject to approval as to form by the City Manager and City Attorney. The motion was carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Lindemans, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 2 COUNCILMEMBERS: Moore, Mu~oz RECESS Mayor Parks recessed the City Council meeting at 12:35 AM to the Temecula Redevelopment Agency Meeting at 12:35 AM. The meeting was reconvened following the Temecula Redevelopment Agency Meeting at 12:40 AM. CITY MANAGER REPORTS None given. CITY ATTORNEY REPORTS None given. CITY COUNCIL REPORTS None given. 4Min\051491 -21 - 05/21/91 City Council Minutes May 14, 1991 ADJOURNMENT It was moved by Councilmember Birdsall, seconded by Councilmember Lindemans to adjourn at 12:41 AM to the meeting of August 28, 1991 at 5:00 PM at the Temporary Temecula Community Center. The motion was unanimously carried with Councilmembers Moore and Mu~oz absent. ATTEST: Ronald J. Parks, Mayor June S. Greek, City Clerk 4Min\051491 -22- 05/21/91 ITEM NO. 3 RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the following claims and demands as set forth in Exhibit A have been audited by the City Manager, and that the same are hereby allowed in the amounts of $297,681.33. SECTION 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 28th day of May, 1991. ATTEST: Ronald J. Parks, Mayor June S. Greek, City Clerk [SEAL] 3/R¢soa 177 Z Z 0 0 < < 0 Z < Z 0 0 < Z < d < ~.i~y of Temecuia F'age: i _s,:al ¥em': 1991 Cnec~ '-~ .... ' Invoice Date P/O Date l)escri~Sion Gross Discount Net ~(X2~S829 04,q?/9I-LUZAICHM MIF,~-LUZAICH PAVTJ~_J~T'MARKI~ ............................................. 04/01/91 01~ 03/~/91 TRAFFIC LI~S & INSTinii;MARCH l,Or, X).00 0.00 !,000.00 ....... Chec~ To~a~sJ-- 1,000;~ ,0068~9 r. J4/~/91SMiTI~B BARBA~(A '~I~M 42xt91 ~126/91 10172 ~/26t9! T~ S~.~ !8;AFT~.15 ~6 2~.52 ~k Totals: 2~.52 00~ 05/03191 ~IV ~T~ RI~!~ C~B~ ~ ~--~t03t91 ...... ~t0719I k~~7; ~E ..... ~ 0.-00 ..... T~ 000 0.00 263.52 O. O0 263.52 0-.~0 Check Totals: =~31-95/~t91-~{IVER~tAB RIV; CO,'-i~qBITAT COI~3EWATION ................ 589! 04/01/9! 04/01/91K-R.'AT FOR ~'RIL 91' i,780.00 0.00 1,7~.00 .)06932 0510'9/9i ~0 ~ ~ OF M~i FiN OFFiCFJ~$ 5991 05/09/91:' 05/10/91 c,7,MINA~; MAY i0 Check Totals: 206933 05/09/91DSTtcO C~ SO OF ~i~l Ft~ OFF~CEE~ --5~1-! .... r~/91 ..... ~/~?/91C~d:R TRAINI~; MAt'-17 ...... ........................ Check To=als: .............. 1,780;00 0.%~--- ~T780~00 50.00 0.00 ~.00 50.00 0.00 50.00 Check Totals: $4-0~/09t9i MAFCc~mqIT 'M/~ITA OFFICiAL~ A&SOC; ...................... 5991-47 04/01/9! 01~ 02/26/91UMJ:'I~:SOFTI~4LL; APRIL 91' 95.00 0.00 95.00 · 7 .... O. 00 i ? 792.80 ................... P -T~', .......... '~o~ n~/~nm~ $PEEDYSI S~E;Dv' SiG~-C~EAMA 51091 05/05/91 ~,~,,~ FLAGS;C~NCik MTBS:RCVD ~eck Totals: >~6939 0~1~,% WESTCOAS WES7 COAST ...... 5i091 05i0~t9! .,,92.~.. 0.00 - - 1,792,80 615. i8 0.00 ~15.!8 615.18 0.00 0510619] BR~'~TS FOR F~G,S: )06940 05t15/91-BENEFIT BEneFIT AMERICA 04101191 "Jeck Tara1 s: i .62~). O0 O. 00 i.620, O0 04/01/9! F'AYM~fES TO EMPLOYEES: APRIL i,;87. ~ O. O0 i ,487.73 .... Check Tarais:-- .)0094i 05113/91NATI'U/~-L NATi~L '~H. EA~TH CARE SYSTEMS C~mck .::o6%2 05ii3/9i COLONIAL OOLON[~L L~FE ~ ACCIDENT - - - 5i39~ 05/0ii9i 0510ii9! ]~RAJ~CE F'~MIU~: MAY 91' 447. O0 O. 00 447. O0 447.00 0.00 447,~) 541.75 0.(~' 541.75 ..,.~,4._ 05t13t91 GREAT 6.R.E.A.T. -"' '- Cne~k 05/<JI/9! ?~SURANCE F'REMIu~: MA~ ~l. ,. 0.00 4i0.00 0.00 410,0,::, 5,207.4i 0.00 iscai ¥em-: City o+ Temecuia Fage: £ Check Register Sta:ion: %4S Date-- Vendor ~me ............. Invoice Date P/O Dase Description 6ross Discount Nes ~1~ '--05/01/9I 05/01/91 VISI~ PAYYF_NT FOR~Y 9I ..... 366.30 ..... 0.00 -- '- ~.30 - beck Totals: ~.30 XX~6t4a-OS-/t3~-~j~By---HE~Ryi-MARY-JANE ......... 51371 04/01/91 04/01/91 ~I~.EXF~NS1ES; F-LB. & ~IL ~3.~ )006948 05/15/9i QIX~ ~VIQ F. QIXON 51591 ~/15/91 ~/17/91 CAi. EI);5/17-18;ICSC;5/19-27 ~eck Totals: i~](K~4~ 05/15/91 ~OF(AW,~EFJ~°I~ (]iAPT~ ~ ICBO I~ec~ Totais: .............. ~' ,','0.99 ......... 0.00 0.00 7~0, O0 0.00 0.00 Check TotaLs: ~0%%~8~,%28-/91-AtJEF(Ts~~T-CENT~ ......... R620459 ~/01/91 05/01/91 ~CLM~IH MX]NITORI~:~Y-1/2JU R6~524 05/01/91 05/01/91 ~C~l~ M~IT~R!~;~Y 1/2JU ~eck Totals: "&~9 ~/~/91 ~CITY ~ CITY ~T ~ ..... C~101t9I--- 45.00 ~0.00 75.00 -- 05/01191 -TRA~FIC-CNT~- SB~V;--412i-514 ...... ~O,~TI2 .... 03/14/91 TR~W=FIC Q]~FFROL SF_RV.4/21-5i4 4,~2.~ 45.00 ~.00 75.00 0.00 0.~ :)06960 05/~/91 ~t. LIED ALLIE~ B, AA!~I~DE 11391C~0 04/01/9! 1CK)45 ...... 1t39i0-01--0~t0W9~ t0t58- 04101/91 r~ec~ Totals.'- ................ 4,765;72. ......... -~J;00 ...... 4;765.72 .... C~TI~ TAF'E:BA~RICADE:411/91 *~ k~ 129. . . i~ .... 0.00 ~3 OPF_~P.O. FOR ~Y;411 ...... i47;80 ..... 0.00 ..... 147,'~) - ' ,:)06951 ~/~/gi-CA~tF~N CALIFORNIA i.J~gSC~ 30~J0401 04101191 0162 03/13/9i 5085104~ 0~102/9i 0162 3085i042~ 0411619:0162 30~i~23 ~/25/91 0162 ....... $08510426-~:~t0it9i Ol~2 ~08510425 C~/11/91 0~62 03/!319i 03113191 00110191 05I 15191 Check To:als: 277.45 0.00 ~INTENJ~JtCE FOR APRIL 91~ 18,913.00 0.00 EXTRA WrJFU( AUTHORiZATI~:4/2 750.00 0.00 EXTRA 'WOF(~ AUTHORIZATIO~q4/8 8.:~.C~ - 0.00 EXTRA W,JP~: AUTH, 4/i6/9: 60'5.¢X~ 0.00 E~TRA WLnRJ( ~TH. 4/~/9~ 248.~ 0.00 EXT~ WOFd<:- AUTM;5/~-4/I - 2.0~.~ -" 0.~ !8,9i3.0(} 750.00 .... 605.00 248.00 - 2.050,~) ....... Check T~ais: .... )06962 05/28191 CALIF~N -L:~qLIF-LK~Ni~ t989-ii281 ~/05/91 0171 03/18/91 PUBLISH ~ ~TI~S;MAY 5 ............ ~- "- ~ '~- ~ o' i- 7 .... ~ i- ~', ,?"~,-?-~ ~ ~, 25:906,00 35.95 O. O0 - ~.56 ~ 95 88;5~ 04~,~91 Cnec~ TotaLs: ¢~/01191 04/01/91 ~ER~IF' I)UES;411/9!-5/92 i24.5i 0.00 124.51 i!5.00 0.00 1!5.00 ..... ~eci: Tosais: )06%4 05/28/9: CHamBERS BOB C~a~S 4119i 04/1i/91:0055 03/22/9! HOLSTER FOR RADAR Cnmck iota!s: )0~965 05/28/91COUNA~DZ C"~TY OF R!VERSiDE V~4~ w,l¢~% ~,~,.~,% TAX ROL: CHNG:AF'N92121~004-~ 115.0V 0.00 ": z~J.94 0.00 -""~ '" 29J.9~ ~.00 295.~ Cnect l o:& :: it::. tx_: O, (:,0 1,_,, :-:at ¥ee.-: i991 Si:y of Temecu:a Page: .... ~, Register ~ra::on: 3449 Date Descri~tio~ ~ross Discount Nes 115.00 0.00 115.~ 115.~ 0.~ 115,00 0i/08/91 TRAFFIC SAFETY MTBS;MAY ~ 0;/12/91 AUDIO PRODUCTION;MAY 23 04~2~19POt47--~2~ttI91--CtT¥-COUNCEbd4T~;4t23 ~k Totals: · ~9~/9! ~SIGNER-~StS~6~ {X~NCF~'TE-F'Fd}f~LCTS T~.5-~5 ~/02/91 10i~ 0510119! WOOI)CF~-ll: FFJ~3E ~TERI~i. Check .Totats: )06968 05/28191 DINERSO_ DINERS CLUB INTERNATIONAL 04<)I 04101191 04/01/91C~F. DIT ~ PY~;K.L. ~.91 ~1.08 Check Totals: 281.~ ff)6969 05/28/91 DIXON DAVID F. D[~O~ 0~099~---04/01/9t ....... (~/0i/91-REtMB.JOF~(SHO~-~-/9'~tiit91 0.00 0.00 ~1.08 281.08 84.54 ............ Check Totals: ~1591 ~128191 ~/28/91 ~F. RENCE; ~L~E 13,1991 84.34 0.00 84.54 ~.00 0.00 ~.00 )06971 05/2~/9! FEIEFCLE F~'~L EXPRE~ 4,'~,~n~ 04/19/91 ~06972 05/28/9i FLOWER FLOWER ~F~t .... 0~i~91 C~t01/91 ~ r~%, ............ -{~eck~orais:- 04119/91 PACFJqSES ~.NT; ~R!L 19 Check Tosa~s: SYMPATHY FL~S ~ CM;~/i~ ~.50 0.00 ~.50 - 35.68- -- 0.00 - - r~eci: To:aim: .:~973 05/28/9! GRA~FiT~ %'b-~¢,FFiTi RE~K)V~ S~viCES .......... 3910 (WlOi/91 0148 02/!i/9i '~EEMOVE ~FITi; APRIL 91' 325.00 0.~ 325.¢~ 05/28/91 GREEK J;~E 8kE~: 05069i 04/~/91 .~975 ..... u~,~, GT~ILL GTE --- b76-0932 04101191 Cnec~ lorais: ~eck Totals: 04/0i/9i INTERSTATE SU 'P~SCRiB 325.W o.00 · J25.00 28~.~ 0.00 295.29 '2.~:35.29 ~.00 285,29 94.38 0.(~ 94.38 )06976 05t28/91 GTEL GTEL A~f'l ~ '~" .q~ ' q ~ i~ ~ Check Totals: 0~9~ EQUIP.~£NTA~;PHONES;MAY 91 9~.~ 0.00 94,38 bo~.~: 0.00 607.51 )06977 05/28/9! GTEWATTS GTE CALiFO~NIA 6:WSMAR 04/01/9i 5595MAR Check Totals: - 04/01/9! WATTS C~GS: MARCH;CiTY (~/o1/9: WATTS 607.5t 0.~ - m~?,5i 95i.52 0.00 .~i.~ 210, I0 O. O0 2iu. !0 ...... ~4.=~n ~HUM~o %029i 05/01/91 C:necx To:ais: ~5/0:/91 ~EL~.MIsEAGE & CONF.~AY: i,ioi.~2 o.00 Check Tota!s: 3.3.58 v.~) 3.5..58 ~.04.9: '...0,:. 3r4,% _scal Yea;: .~9, Check R~lster F'~ge: Invoice ])ate P/O Date Description Check Totals: 006980 05128/91 HARKEREV EW~.YN HARK~ .... Cut2~91-' 04t2.W91 6ross D:scount ~t 0.00 5,64.94 04t23t91-~lMB,~.CC-C0~;4t~-4t26 ........ 8B;5,.5 Check Totals: 68.55 ~698,~ 05t28t9btNL/4NQD2ANLA~*-Dt~-JSA~,' 1NC--- 8781000472 05101191 05101191 CONTAINER CHARSE;5tl-5/~ 788.61 8826012542 05/01/91 05/01/91 C~TAINER SERV.~Y 91;S.P 1~.00 Check Totals: 908.6I '006982 051~191 ~FDAV!DS ~.F. DAVIDSON /LRSOCIATES, INC. --T~)985 .......~t0! t9! ........ ~)5t01t9t SERVICES;' ~EC;90-~AN. 91 ........ ~!~4%58 "'.,0986 05/01/9! 05/01/9! SERVICES; DEc. go-JAN. 91 24,~86.15 .?.0987 05/01/91 ¢~/01/91 SERVICES; I)EC.90-OAN. g! !9,7~7.~ 3C888 .... 05/01/9t 05/01/9t ~iCES~ DEC~,t~.-~I '~,948.~ 0.00 788.61 0.00 1~.00 0.00 908.61 0.00 24,486, 15 0.00 !9,737,~ 0.00 J~5~948;-65- Check Totals: t..1,821.73 ,cX.~6983-05t28t91-- KILO'S Ktt~O'S' COPIES ..................................... 9600101064 04/.2/91 10118 04104191 5 PART NCR PAF~.R, REAMS 63.90 0.00 !3i,821,73 0.00 63.90 05128191Lt~F'cRTI L & M FERTILIZER 49184 04101191 10153 ..... 49185 ~4/0!i9~ 10152 49214 C~101/91 10152 Check--Tota~m: ...... 03/05/91S[~r$'L!ES; RECEIVED 2/12/91 03/05/g!-5i.IPPL!ES; RECEIVED 2/12/91 0~/05/91 SUPPLIES; RECEIVED 2/t~/91 69%!4 0.00 699.14 98.52 0.00 98.52 .... Chec~ Totals: .............. t,629.27 .... 0,00 i~£~;27 - -- .)05985 05/28i91LE'~r~iJE-2 LE~G~ OF CALiFOrNIA CITIES (~1391 ~/28/91 05/~/9! 'CONFERENCE;~C~E 12-i~ i5&00 0.00 155.(~ .... 05!39i 0512~19! 05/28/91 .-~TIt%; J~E 27,--1,~! --- 75,00 .... 0.00 ..... 75,0~ ..... Check Totals: 230.00 0.00 230.00 05/28/9i LO60COMM LOGO COMM'~tCATIONS, iNC ............. 7i19 05116i91 10140 C~115/9! ~ 1t4" SAFETY BUTTON ~ . 0.00 2C~.55 '~ ~08 55 7112 051!6/9! 10196 o4/30/9i WH, iE M~6NETIC BUSINE~ '~ 534.61 O.~J ~.~,& ,006987 05/28/91MACKENZI MAO:ENZIE LAI~ODT. A.;E - - 6404-- 04t2819i-016i---- 03113191 Check Totals: 743. t5 0.00 743.!6 LA¢~SCAPE-SERVICES; APRIL 91 ..... 775:(E~ ........ 0.0~ ..... T75.~0-- 6396 0;128/91 0161 03113191 'LAm9SCqPE SERVICES; APRIL 9i' 1,620.00 &~97 04/28/9! 016! 03/15/9! L~DSC~PE SERVICES; APRIL 9~' 2,755.00 6~98 -- 0~t'~/9! 0161 03/13/91 LANDSCAPE SERVICES;-A~I~ ~1 .... ~0.00 5399 04/28/9i 016i 03/i5/9i LANDSCAPE SERVICES: APRil 91' 700.00 6~'00 04128i9i 0i61 05t13191LANDS'~PE SERVICES; fiPRiL 9i' 140.00 6401 04/28/9i 0t6i 03/!~/91 LANDSCAPE SERVICES; APRIL 91' 900.00 6402 0412819! Oi6i 05/13/9! LANDSCAPE SERVICES; &~IL 91' 499.50 640~ 04/28/91 016! 05/15/9I LANDSCAPE SERVICES; APRil 9!' 1,324.00 05,'28/~1 MHRiLYNS ~RT Y'N'S COFFEE: ......... i475 05/07~i i0i88 05108191 o~/.3u/91 i0292 04/30191 Cnect: Tosais: 8,975.50 0.00 O. O0 2,7.',5.00 0.00 .... ~,C~) .... O. O0 700. O0 O.O() i~0,00 0.09 - 9(K). O0 O. 00 499.50 0.00 : ,324.00 O. O0 :_% 975.50 COFFEE SERViCE~ ~t' COFFEE ~UP ...... APR!~ 53.20 ('~ n,', =: 50.30 O. O0 50.5u J. Dec K T~tais: _.,.,~.,r.,987 t5.'2:?'?: M'JF~ZziN~; M.?C :i~,,atiSi~. SERviCES. ~N3. c~1177 L)4":'1-"~:i 016.'_-. 03'15/9i ;F:C:FES~.,iON:,q,. SrZF~'v: ~ARC:.'- 7."1'54.2'3 zzai Year: 1991 Cnecl~ ~'~': r n_~ 9'449 Date Venoo? Name Invoice Date P/O Date Description C~eCK Totals: .,06990 05/£6/9! ONESTEP ONE ST~ MAINT. & CLEA~iNG CO .......... 4~91 04/0i/91 ....... 04/01/9I APRIL-CI.EANINS~ CITY HAlL 4699i-(YJ/~/q! PACIFiCW PACIFIC WEST 8898 04/01/91 10103 Check Totals: 03/01/91 1700B BACKHOE/TRL~;3/~/91 6r~s Discount Net 7,954.~ 0.00 7,954.~ ,06992 05/28/9! PAR~SF'~)N RONAJ_D PA~S 042691 04/21191 ,06993 05128191 PETTYC PE,WY C~H ......... ~,-~79~ ..... 04/01191 0.00 5~.0~ 0412i/91 REI MB. CO~; 4/21-4/23; SACRAVEN 441.00 0.00 441.00 '~eck Totals: 441.00 0.00 ~1.~ 04101/9I PETTY-CASH-REIMB.~IL 91 ......... 150489 ......... 0.00 ........ !50.89 ............ Check Totaks: .,069~q-05/~/9t .~RTY PffG~LRTY DATA SEF~¢[~S ~Ctt-~Rl C~/01/91 01~ 1!/C~/90 SERVICES ,'¢EENDEF~EI);3/12-4/26 .................... Cnec~iota[s: ,06~5 05/28/91R.B.EX~ R.8.EIPRESS ~SSENGER SERVICE 04101/91 0111 i01~/90 F'IO~-UP& DELIVERY;AF~IL 91 -L~ec~ Totals: 05/28/91 Peq~-TEC RAh-TEC RUBBER STAMP MF6 6,34394 - 04/01/91 90272 01/11t91 004395 0410i/9i 9o~o 01/17/9! 004466 04/0!/9I 90292 01/25/91 4807 04i01/9! 10005 ~KATES:RCVD JF~NU~Y --- NOT ADOPTED STAMP;RCVD NAME?LATE;~MiN.SEC.RCV5 FEB. Sla't~ ~A FEES,~CVD-APR,~ NAJ~£ PLATES;RCVB 3/28/9i ~06997 05/28i91 RANC~TR ~NCHO WAT~E 010770073,2 04101191 04/01/91 ............ 0t0760i}781 0;101191 04/01/91 0104630852 04/0!/91 04/01/91 0104620002 04/0t/91 04/01/91 ....... 0104010802 04101191- - C~/01t91 010401~92 04/01/91 04/0t/9i 0102450002 04/01/91 04/0i/91 01~272002 04/0i/9i 04/01/91 0104040150 04/01/9: 04101/91 NTR CHRG;3/26-4t24;RIESklNG WTR CHRG:~/26-4/2~;LA SERENA WTR CHR6; 3/22-4/22: WAY~W'~D WTR 'JJHJ~;3t~-4/~;CALLE PANT WTR ~F(G;S/22-4/~;ViA NTR ~G;S/21-;/tS;MARC:~ARITA WTR CHRT;3/26-4/:9;~Y 595 - WT~ CHR~;S/'~-4/!9;RCHO CA, iF 150.89 0.00 !50,89 ~40.00 00 5~.00 -- 5~.00 ........... 0,-0~ 275. ¢~0 O. 0O 2~. O0 275. ¢} O. O0 ,~7,~. 00 2,'0.24 - O.i~ .... ~.24 - 14.91 v.~) 14.9i lo.40 0.00 16.40 1~.48 - · O.~J i~.~8-- 27.69 O.C~ 27.69 95.~'~ - 0.00 Q5 ? .:'06998 05/2~/91RIVE~StD ....... ~.~ OF .... SUP,'F~Y 92:82-2 04/29/91 10197 04/29/91 92!82-i 04/29/92 1~197 06/29/9z 9¢725-0 04/29/9~ I0~18 03/0E/92 Check Totals: PAPER:RCVD iN DECEMBER 90 PA?E~:RCVD bECE~ER 9o GENERAL OFFICE SOP?LiES GE~:~L OFFICE SUPPLIES ~ .... 163.~ n.On '~ '= 85.04 0.00 85.54 _.,oo999 05i2~i91 ROSE~FS M.;,&::A E. ROBERTS 050!9: 05/0iI91 05/0!/9i Cmmci: Tocais: ZT= 7' ~ ~:.',~..",0 ~,00 ~= £i/9i City m 7emecuia ~'age: ~ ::al Yem-: i99i Check Register Slation: 9~4~ Invoice Date P/O Date Description Gross Discount Nes .!070!3'05/~I91SCSlb"NS ~-SI&~S .................................................................. APRIL 91' 04101191 0110 !1/I5/90 PUBLIC ~ARINO NOTICE;APRIL 900.00 0.00 900.00 .................. -01eck"-T~ats: .................. 900;00 .~07014 05/~/91SEREIERO ROBERT J, SERENE 0~39i 05103191 05/03/91 REFUND CAN~!:i ~D OUTING;5/7 ~.00 C~eck Totals: 50'.00 ~7015 05/~/91 SIlk'INS ~O(Y MrJ_F.A~ SiMMO~ 04i~i-) 04t0~/~1'i009: - -04/OS/gPWOEDPF.~FECT-Sd-A/)VAt~:EI)F3. YI4--- ~75~00~ 041791-20 04/05/91 1015 04/05/91 5. I WORD PER~ECT~4/11/91 ~5.00 0,0~ - 375~ 0.00 375,00 .............. Chec{c-Totals: .............. 750.~0 07016 05/~191SIRSP~,D SIR SPE~Y ~9 ¢~/30t91 t01~ C~/~/91 JOB INT~ST C~ 12;.57 ~eck Totais: i24.57 ~07017 ~/28/91 SO r~ _~ ~, ~ '~ CALIF TEL~ ~ t~ '~74t8 --04/01/~1 ........ ~/0119i C~ ~;'~I~-~I-< ~ ....... 61.94 ..... ~5-742! ~/01/~1 C~/01/91 ~Ik ~L~;~.O. ~IL ~.41 3~74~ ~/01/~1 ~/0i/91C:~L~ C~;~RIL; J.H. 82.~2 34~7~'~--~/0t/~ ..... O~IOYt9t-C~'g~;A~I~;~tb 12A.57 0:-00 ....... 61~,94 .... 0.00 88.41 0.00 ~.~2 0.1)0 4£Sr49 'b70t9--05Y~i91-~)JT~ED 93bTHER~ CALIF ~qSO~ N17-012012 04/01/91 04101191 85-674508 0~/0i/9i 04/01/9~ ...... 20~624-~/0!/91 2C~-343010 04/01/91 F~/01/9i 2~-4~2101 04/0i/9i 04/0i/9I .... 8-~178 04/01/91 04/01/91 ~75905~ 04/~/91 ~/C8/9i 208-4.~541 0~/0~/9i 0~/04/91 ~2~30 ~/01/9~ 04/0i/91 PC~010~2 0~/01/92 04/01/9i ~08-4~4~ ~/05/9! ~/~/91 -~-~04~ 0W~5/91 04/~/91 :~8-3669;0 ~/12/91 04/12/91 Check Totals: ~ECT.BI~:3/~-4/,~;T~F1C E~ECT.CHRS;5/'~-4/~;TEAFFIC ~ELECT.CHRS;3/22-4/23;TRAFFIC- E~.~..C~u,~/~ 4/~,,'~, ~ ~ECT.CHRG;3/'~-4/22;T.~FJC E~CT.C'~;5/~-5/1;T~FiC ~CT.~;4/9-5/8;T~FIC LT "~CT.C~;2/1-5i2;~RTS ~: ~CT.C~6;4/~5/6;~,~APE ~CT.CH~;~/5-5/3 ~CT.C~6;4/12-5/2 85-689458 04/09/91 - -208-4045~ 04110t9t 508-426'~7 04/09/91 85~082944 04/01/91 - - - $09-0~270-04/01/9! ........ Ni0~-!85~9 04/0i/91 85%74507 04/0i/91 .... 8-085179- 04/0t/9t ....... 208-434543 04/0i/91 208-446988 C~/01/91 43777756W O~/Oi/gi ~-~ 04/0]/91 205-585c 208-43~50~ 04/01/91 NI05-18~02 85-7620(~ 04/0i/91 B-Bi~8'25 04/09/91 B, ECT.CHR6;4/9-5/8 04f10/9t ~EC%CHRT;4/i¢~5/8 .... 04/09/91 E.ECT,CH~6;4/9-5/8 04/01/91 04/0t/91 04/0i/91 0~/01/91 04/0!/91 04/01/71 04/0i/~i O~l~ilgi 04/01/91 04/0i/91 ~/.~i~l 04/01/91 04/01/91 -d_ECT.CHR6;3/22-4/11 ELECT.CHR6;3/30-4/11 -- E~CT. CHRG;3/3~-4/30;ST.LIGH7 ELECT.CHRG;3/3i-~/30:ST.~lGHT ?~ECT,CHRG;3/31-4/30;ST,L!GHT ELECT,CHRG;3/3i-~/~;ST,~!GHT ELECT. CHRG;3/3i-4/30;ST,LiGHT ELECT,C,~;4/!-~/30:ST,LZTHT ~ECT,CHR~;5/S:-4/SO;ST.~t~HT E~ECT.CMRG;3/3i-4/30;ST.~iGh7 Ei EPT ~W~;.~i~-~/~O,~T , T~' ~ E~ECT.CHRG;3/31-~/SO:ST.LlTHT EL£CT.CHR625/Si-~/50:ST.=lGHT ELECT,CMfXG:3/27-~/2527EAFFiS 275.76 O. ~ ~4.85 O.C~ 262.40 0,00 ~9.8. - .... 0.00- 21i.22 o.00 2~,7~ O,C~ 6% 09 O. O0 287.71 O. 2,405.~ 0.00 i,067.81 0.00 9.30 0.00 14.$~ 0.00 a. oo o.oo 8.70 0.00 8.40 ' O.C~ 8,70 0,00 48.,~. 0.00 13.-i0 124.40 O, 00 · 52.07 O. O0 ~2. i2 .- 0.~ .25.79 O. O0 3.399.41 O.(~J J2.8i O. O0 .52.87 ',,'. O0 · 55. ~2 u. W 35.67 O. O0 ~8.92 0.~0 2. $2 .'.'...":-~ C,.W 275,76 .,.,. 282.¢0 25%8? - '£~0.75 ~9.09 £S7,7~ 2,405.~ ~,067.8~ 9.50 1~,34 6.¢~ 8.70 -8.40 - - 8.70 48.75 i3,10 124.40 52,07 52. t2 54,69 ~5.79 J2.8~ ~2,87 5.5.67 ~8.92 '2.~2:,34 C~ty of iemecu~a Check Register Station: 9~49 Date Venoor Nime ........... Invoice Date P/O Date ~scriptlon Gross Discount St~E~IO~ St~ERI08-S09 ............. 04101191 ~1 02/11/91 ~ F~ ~I~:~Z~ 2/~ 1,~1.~ ~/01/91 ~l 02/11191 ~D F~ ~I~;~VD 2/21 ~tOII9i.-~I---02tHt?i~F~-~;~V~-2t~--~-~i~.~ 0.00 0.00 0.~ Check Totais: (~0702t--O~28t91-TEMQX_~T TFJ~ECULA TOWNE '~:s:77-77-77-77-77-~C 040191 04/01!91 04101191 MARCH RENT & FEB.ClEANING 3, ~93. ~ O. O0 5,993.75 798.00 0.00 798.00 ............... 'unec~Totai-s: 798.~J-- ...... 0~00 ;~),0~ 05128191 W~IJ. ST WAiL STREET ~OORNAk 8~---~'x~214178 05/01/91 05/01/91 TWO YR.SUBSCRIP.$TART AU8.91 I~8.00 0.0~ 198.00 198,00 0.00 198.00 930~ O0 ......... 0.00 1,509.78 0.00 1,509.78 7,344.36 0.00 002-~t00--05t2~19! 05t28t9t-OUNE-RENT:C~ P~¥;-STE:SI~ ..... %12~:55 ........ 9:90 .... ~,-12~.55- Check Totals: Rep~t Totals: 13,910.67 0.® 13,910.67 241,~W.39 0.00 241,337.~9 ITEM NO. 4 TO: FROM: DATE: SUBJECT: FINANCE OFFICE,.,R~. ~ ~ CITY OF TEMECULA AGENDA REPORT City Manager/City Council Mary Jane Henry, Finance Officer May 28, 1991 City Treasurer's Report as of April 30, 1991 RECOMMENDATION: That the City Council receive and file the City Treasurer's report as of April 30, 1991. DISCUSSION: Reports to the City Council regarding the City's investment portfolio and receipts, disbursements and fund balance are required by Government Code Sections 53646 and 41004 respectively. The City's investment portfolio is in compliance with the Code Sections as of April 30, 1991. FISCAL IMPACT: None ATTACHMENT: City Treasurer's Report as of April 30, 1991 City of Temecula City Treasurer's Report As of April 30, 1991 Cash Activity for the Month of April: Cash and Investments as of April 1, 1991 Cash Receipts Cash Disbursements Cash and Investments as of April 30, 1991 $9,280,575 1,987,395 (1,259,250) $10,008,720 Cash and Investments Portfolio as of April 30, 1991: Type of Investment Institution Yield Balance Maturity as of Date 4/30/91 Demand Deposits Treasury Service Shares Petty Cash Certificate of Deposit Local Agency Investment Fund Security Pacific N/A N/A ($121,501) (1) Pacific Horizons 5.930% N/A 204,421 N/A N/A N/A 800 Overland Bank 6.750% 8/30/91 100,000 State Treasurer N/A 9,825,000 Cash and Investments as of April 30, 1991 $10,008,720 (1) o This balance includes outstanding checks as of April 30, 1991. Per Government Code Requirements, this Treasurer's Report is in compliance with the City of Temecula's Investment Policy and there are adequate funds available to meet budgeted and actual expenditures for the next thirty days of the City of Temecula. ITEM NO. 5 APPROVAL CITY ATTORNEY ~ FINANCE OFFICER CITY MANAGER ~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Engineering Department '~ May 20, 1991 Authorize Reduction in Bond Amounts for Tract Map No. 23483 PREPARED BY: Albert Crisp R ECOMMENDAT ION: That the City Council ACCEPT the Public Water System and Storm Drain Improvements in Tract No. 23483; AUTHORIZE the reduction in street, sewer, and water Faithful Performance Bond amounts; APPROVE the Subdivision Agreement Rider; ACCEPT the Faithful Performance Bonds in the reduced amounts; and DIRECT the City Clerk to so notify the Clerk of the Board of Supervisors. DISCUSSION: The City Council approved the Map for Tract No. 23483 on February 13, 1990 and the Riverside County Board of Supervisors entered into subdivision agreements with: Pavilion - SCBP ~2, A Joint Venture 23181 Verdugo Drive, ~105A Laguna Hills, CA 92653 for the improvement of streets and storm drain. and sewer and water systems. Accompanying the Subdivision Agreements were Surety Bonds issued by: Amwest Surety Insurance Company A:TM23483 1 as follows: Bond No. 1196730 in the amount of $896,500.00 ( $493,000.00 for streets, $403,500.00 for drainage) to cover streets and drainage improvements. Bond No. 1196731 in the amount of $102,000.00 to cover water system improvements. Bond No. 1196729 in the amount of $208,000.00 to cover sewer system improvements. Bond Nos. 1196730, 1196731, and 1196729 in the amounts of $896,500.00, $102,000.00, and $208,000.00 respectively to cover material and labor. The following items have been completed by the developer in accordance with the approved plans: Required storm drain and water system improvements. The inspection and verification process relating to the above items has been completed by the Riverside County Flood Control and Water Conservation District and the Rancho California Water District; and City Staff agrees with their recommendation to reduce the appropriate Faithful Performance Bond amounts and begin the one (1) year warranty period. The current real estate market remains soft and the developer requests a partial reduction in the remaining Faithful Performance Bonds to reduce operating costs (including bond premiums) until the housing market improves. Accordingly, City Staff has estimated the costs for the remaining street improvements and the Eastern Municipal Water District has estimated costs for the remaining sewer system improvements. The street improvements are sixty percent completed and with the requisite ten percent warranty amount, the bond will be reduced by fifty (50) percent. The sewer system work remaining is estimated at $12,000.00, and with the requisite ten percent warranty amount, the bond will be reduced to $32,800.00. City Staff recommends that these estimated costs plus the normal ten percent warranty amount be maintained until all work is satisfactorily completed, the City Council accepts these improvements, and authorizes the initiation of the one-year warranty period. Therefore, it is appropriate to reduce the Faithful Performance Bond amounts as follows: Streets ($246,500) and Drainage ($363,150) Water System Sewer System $ 609,650.00 91,800.00 175,200.00 A:TM23483 2 The Faithful Performance Bond amounts to be retained in effect are as follows: Streets ( $246,500 ) and Drainage ( $40.350 ) Water System Sewer System $ 286,850.00 10,200.00 32,800.00 The water system and drainage improvement Faithful Performance Bond amounts are to be retained for one year guarantee period. The remaining Street and Sewer System Bond amounts will be subject to City Council action as noted above. The Material and Labor Bonds will be retained until final acceptance of each category of improvements and the appropriate lien period has been completed. The affected streets, although not being accepted into the City-maintained street system at this time, are Windsor Road, New Town Drive, Everest Road, Clear Light Road, Golden Lion Drive, Bentley Court, and a portion of Calle Medusa. AC:ks Attachments: Vicinity Map Faithful Performance Bonds Subdivision Agreement A:TM23483 3 PROJECT SITE ~,EC. 2~, T.?&., R.2W. $.B.B.M. t,,i LOCATION MAP NO SCALE ITEM NO. 6 APPROVAL CITY ATTORNEY FINANCE OFFICER~ CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager City Clerk May 28, 1991 Procedures for Adoption of Development Agreements and Pre- annexation Agreements RECOMMENDATION: 1. Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REGARDING DEVELOPMENT AGREEMENTS, PRE-ANNEXA TION AGREEMENTS, AND THE PROCEDURES FOR CONSIDERATION THEREOF DISCUSSION: This matter is continued from the meeting of May 14, 1991. The staff report prepared for that meeting is attached. JSG APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Manager/City Council Scott F. Field, City Attorney May 14, 1991 Procedures for Adoption of Development Agreements and Pre- Annexation Agreements RECOMMENDATION: It is recommended that the City Council approve Resolution No. 91-XX, which establishes procedures for the approval of development agreements including pre-annexation agreements. DISCUSSION: The City Council at its meeting of August 14, 1990 considered and approved Resolution No. 90-90 which set up procedures for the consideration and approval of development agreements. Since that time, discussions with individuals and property owners in unincorporated County territory within the City's sphere of influence have expressed a desire to propose development agreements in territory which may be annexed to the City. Such pre-annexation development agreements or "pre-annexation agreements" have been recognized by California courts and upheld. Morrison Homes Corporation v. City of Pleasanton, (1976) 58 CaI.App.3d 724; 130 CaI.Rptr. 196. Furthermore, pre- annexation development agreements are now authorized by statute, Government Code Section 65865(b). IN order to proceed with the consideration of any pre-annexation development agreements, it is necessary to have the appropriate procedures adopted by the City Council which meets the requirements of the Government Code. Resolution No. 90-90 has been modified to include the requirements for consideration of pre-annexation development agreements. Basically, in order to adopt a pre-annexation development agreement, the applicant must be the owner of either a legal or equitable interest in real property located within unincorporated territory which is in the City's sphere of influence. The agreement once adopted, cannot become operative until the annexation process is complete. The agreement must provide a time period during which the annexation is to be completed. If the annexation is not completed within the time specified in the agreement, or any extension thereto, the agreement becomes null and void and of no legal affect. The same provisions for the recovery of costs to the City of preparing and negotiating the agreement are retained in the revised procedures. A TTA CHMENTS: Revised Resolution FISCAL IMPACT: None anticipated at this time as the Resolution contains a cost recovery provision. ggd/RESl17162 RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REGARDING DEVELOPMENT AGREEMENTS, PRE-ANNEXATION AGREEMENTS, AND THE PROCEDURES FOR CONSIDERATION THEREOF THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: WHEREAS, the State Legislature has authorized the City to enter into development agreements which provide greater certainty to developers to proceed with approved projects according to local policies and regulations; and, WHEREAS, both California case law and statutes, Government Code Section 65865(c), authorize cities to enter into development agreements with any person having a legal or equitable interest in real property in unincorporated territory within the City's sphere of influence; and, WHEREAS, Government Code Section 65867 requires a public hearing before the planning agency and the legislative body prior to the adoption of a development agreement; and, WHEREAS, the City Council wishes to implement this authorization in an efficient and equitable manner by providing processing procedures for development agreements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY RESOLVES AS FOLLOWS: SECTION 1. As a policy, development agreements should include public benefit(s), beyond those already forthcoming through project approvals, in return for commitments to maintain present plans and regulations for determinate periods. SECTION 2. For purposes of this Resolution, the term "development agreement" shall include pre-annexation agreements which meet the requirements of Government Code Section 65865(b). However, no such pre-annexation agreement shall have any force or effect and shall be null and void unless the annexation is completed within the time specified in the agreement or any extension thereof. -1- ggd/RESl17162 SECTION 3. The Planning Commission is hereby designated as the planning agency for purposes of Government Code Section 65867. SECTION 4. The following procedures are approved: A. Application. 1. Consideration of a development agreement, Government Code Section 65864 et seq., shall be initiated by the property owner (#OWNER~) filing an application for such consideration with the Director of Planning ("Director"). The application shall include: (a) A proposed agreement which conforms to the form approved by the City Attorney and shall include the following: (i) A legal description of the property sought to be covered by the agreement. (ii) A description of the proposed uses, height and size of buildings, density or intensity of use, and provision for reservation or dedication of land for public purposes. (iii) Conditions, terms, restrictions, and requirements for subsequent City discre- tionary actions. (iv) Proposed time when construction would be commenced and completed, including a phasing plan. (v) Proposed public benefits inclu- sive of an implementation phasing plan. (vi) Termination date for the agreement, not to exceed ten (10) years from the date of execution. (b) Sufficient information to enable the Director to perform an initial study pursuant to Public Resources Code Section 21160. (c) Sufficient information to establish that the project is consistent with the Southwest Area Community Plan. -2- ggd/RESl17162 (d) For pre-annexation development agreements, the development agreement shall include the following: (i) A date certain when the annexation is to be completed; and, (ii) A provision which makes the agreement null and void if the annexation is not completed by the date set forth in the agreement or any extension thereof. (e) Such other information as the Director may require. 2. The application shall be accompanied by a $4,000.00 deposit fee to cover processing costs. Additional funds may be requested. Any overage shall be refunded subsequent to adoption of the agreement or upon termination of the application. The City Council may choose to refund the application fee pursuant to the terms of the development agreement in exchange for public benefits received. B. Recommendation and Transmittal. The Director shall, in accordance with adopted City procedures for implementation of CEQA, prepare appropriate environmental documentation and, upon completion of such documentation, shall transmit the application, together with the Director's report on adequacy of existing plans and regulations, and proposed public benefit(s) to balance development commitments; and why such benefit(s) is/are adequate to the Planning Commission and then to the City Council if approved by the Commission or appealed by the applicant to the City Council. C. Planning Commission Action. 1. Upon receipt of the application, environ- mental documentation and Director's report, the Planning Commission Secretary shall schedule a public hearing on the application. The hearing shall be preceded by public notice given in the same manner as for a zone change. 2. Following the public hearing, the Commission may recommend approval, disapproval, or approval as modified by the Commission, and, if approval or approval as modified, recommend that the City Council adopt an ordinance approving the agreement. -3- ggd/RESl17162 D. City Council Action. 1. Upon receipt of the application, environ- mental documentation and Director's report including the Planning Commission's recommendation or the applicant's appeal, the City Clerk shall schedule a public hearing on the application. The hearing shall be preceded by public notice given in the same manner as for a zone change. 2. Following the public hearing, the Council may approve, disapprove, or approve as modified by the Council the application and, if approved or approved as modified, adopt an ordinance approving the agreement and may execute said agreement on behalf of the City. Said agree- ment shall not become effective prior to execution by the Mayor. 3. No agreement shall be executed by the City until it has been executed by the applicant. If the applicant has not executed the agreement, or agreement as modified by the City Council, and returned said executed agreement to the City for execution within thirty (30) days of Council approval, said application shall be deemed withdrawn and the agreement shall not be executed by the City. 4. Within ten (10) days after the city executes a development agreement, the City Clerk shall cause a copy thereof to be recorded. E. Annual Review. 1. All development projects subject to the agreement shall be reviewed by the Director once every twelve (12) months concurrent with OWNER's submittal of an Annual Monitoring Report. 2. The purpose of the review shall be to inquire into the good faith compliance of the OWNER with the terms of the agreement and any other matters which may be specified in said agreement. 3. Prior to each review, the OWNER shall file a report with the Director as to development which has occurred under the agreement subsequent to the last past review and any other matters which the OWNER wishes to bring to the Director's attention. -4- ggd/RES 117162 4. If, following a review of an agreement, it is determined by the City Council that the agreement should be terminated or modified, the matter shall be set by Director for public hearing by the Planning Commission and transmitted to the City Council for proceedings for termination or modification. F. Termination. Cancellation, Modification and Amendment of Development Agreements. 1. Any development agreement may be amended by mutual consent of the OWNER and the City Council or cancelled by the City Council in the same manner as set forth above for entering into such agreement. 2. If as a result of a periodic review it finds and determines, on the basis of substantial evidence, that the OWNER or successor in interest has not complied in good faith with the terms and conditions of the agreement, the City Council may terminate or modify the agreement. SECTION 5. this Resolution. The City Clerk shall certify the adoption of PASSED, APPROVED AND ADOPTED this , 1991. day of RON PARKS MAYOR -5- ggd/RESl17162 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the day of , 1991 by the following vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS JUNE S. GREEK CITY CLERK -6- ITEM NO. 7 APPROVAL CITY ATTORNEY (~~ FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT DATE: TO: FROM: SUBJECT: May 28, 1991 City Council Mark~J~:~chenduszko, Assistant City Manager RECLASSlFICATION OF TWO EXISTING POSITIONS TO A NEW JOB CLASSIFICATION ENTITLED SENIOR MANAGEMENT ANALYST RECOMMENDA T/ON: It is recommended that the City Council: 1) Change the title of the Assistant to the City Manager job classification to Sr. Management Analyst; 2) Reclassify one existing Management Analyst position (Finance) to the new job classification of Senior Management Analyst. DISCUSSION: There are two positions currently budgeted and vacant which must be staffed in the near future. One position is assigned to the City Manager's Office and serves as a Personnel Programs Coordinator, the other is assigned to the Finance Department and acts as the Purchasing Coordinator. There are several reasons which justify the reclassification of these two positions. With the recent staffing of the Assistant City Manager position, the employment of an Assistant to the City Manager level person is not advised. The two vacant positions are quite similar, and should be staffed at the same level. Both require senior level job skills and functional expertise, as both will serve as program coordinators. The level of independence of action is similar between the two positions, as each will have independent program responsibility (personnel, purchasing/risk management) under the direction of a senior level manager (Assistant City Manager, Finance Officer). Finally, this reclassification will allow the City to offer management track career professionals the opportunity to rotate between the two offices for career growth. Recent salary surveys demonstrate that the existing salary levels for Assistant to the Manager and Management Analyst are relatively low (see attached). The creation of a Sr. Management Analyst at the Assistant to the City Manager salary level will not remedy the problem, but will improve the situation by placing a less senior level job classification at this salary range. It should be noted that no upward placement of this job classification should be made at this time, as salary surveys for all major job families will be conducted (and adjustments will be recommended as necessary) just prior to the new calendar year. FISCAL IMPACT: The minimum step of the position in Finance will increase by $309 per month, and the maximum step will increase by $384. Sufficient monies exist in the Finance Department budget for FY 1990-91 to provide for this change. ATT: SALARY SURVEYS Assistant to the City Manager City Carlsbad Riverside Corona Moreno Valley (Redevelopment) 4% package additional life Banning Perris Oceanside Temecula Top Step Monthly $6422 $6164 $5159 $5380 $4867 $4166 $4143 $3495 No Comparable Positions Escondido Hemet Norco San Jacinto San Marcos None None None None None MEAN - $5,185 MEDIAN - $5,380 % DIFFER FROM MEAN - 18% % DIFFER FROM MEDIAN - 19% - 0 - car allowance - 0 - car allowance - 0 - car allowance $200 car allowance $200 car allowance - 0 - car allowance - 0 - car allowance City Lake Elsinore Riverside Escondido Carlsbad Moreno Valley (BA - 5 yrs.) Corona Temecula Assistant to the City Manager No Comoarable Positions Banning Hemet Norco Oceanside Perris Riverside San Jacinto San Marcos MEAN - $4,724 MEDIAN - $4,759 % DIFFER FROM MEAN - % DIFFER FROM MEDIAN - St. Management Analyst Top Step Monthly $4849 $4829 $4759 $4626 $4261 $4245 ~3495 None None None None None None None None 17% 17% RESOLIYrlON NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROVIDING FOR THE ESTABLISHMENT OF PERSONNEL POLICIES WHEREAS, pursuant to the authority under Chapter 2.08.060 of the City's Municipal Code, the City Manager has the authority to hire, set salaries and adopt personnel policies; and, WHEREAS, the City Manager has recommended and the City Council now wishes to adopt those policies as identified below; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Temecula as follows: SECTION 1. The attached list of Position Titles and Salaries (Exhibit A) is hereby adopted pursuant to Section 45001 of the California Government Code. Such list is attached to this Resolution and incorporated herein by this reference. SECTION 2. The list of Position Titles and Salaries shall become effective immediately and may be thereafter amended. SECTION 3. The City Manager shall implement the above list of Positions Titles and Salades and has the authority to select and appoint employees in accordance with the City's personnel policies. SECTION 4. All prior resolutions and parts of resolutions in conflict with this Resolution are hereby rescinded. PASSED, AND ADOPTED by the City Council of the City of Temecula at a regular meeting held on the 28th day of May, 1991. ATTEST: Ronald J. Parks, Mayor June S. Greek, City Clerk [SEAL] 3/R¢sos 181 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 28th day of May, 1991, by the following vote of the Council: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: June S. Greek, City Clerk 3/R¢sos 181 # of Positions 2 1 1 1 7 1 1 0 2 3 1 1 1 1 1 1 5 0 1 1 1 1 1 1 4 1 1 12 2 2 1 0 3 1 2 2 1 2 Exempt/ Non-exempt NE NE NE E NE E NE E NE NE E E E E E NE E E E E E E E E NE NE E NE NE NE E E NE E NE E NE E 70 Attachment I - Exhibit A CITY OF TEMECULA Authorized Positions. Titles and Salary Ranges Title Minimum Maximum Account Clerk Accountant Account Technician Administrative Assistant Administrative Secretary Asst. City Mgr./Dir. Admin. Services Assistant Planner Assistant to the City Manager Associate Planner Building Inspector Chief Accountant Chief Building Official City Clerk City Engineer/Dir. Public Works City Manager Code Enforcement Officer Councilmembers Deputy City Clerk Director of Community Services Director of Planning Executive Secretary Finance Officer Information Systems Manager Maintenance Supervisor Maintenance Worker Minute Clerk Network Administrator Office Assistant Planning/Building Technician Recreation Leader Recreation Superintendent Recreation Supervisor Secretary Senior Accountant Senior Building Inspector Senior Management Analyst Senior Maintenance Worker Senior Planner $1,600 $2,498 $1,993 $2,105 $1,702 $5,763 $2,464 $2.807 $2,885 $2,431 $3,377 $5,236 $4,148 $5,763 $2,193 $ 300 $2,414 $5,236 $5,236 $2,285 $5,236 $4,148 $3,331 $1,667 $1,454 $2.498 $1.303 $2,193 $1.424 $3.331 $2,533 $1,454 $2,788 $2,675 $2,807 $1,926 $3,424 $1,993 $3.111 $2,481 $2.621 $2.120 $7.176 $3.068 $3.495 $3.592 $3,027 $4,205 $6.519 $5.165 $7.176 $2,731 $ 300 $3,006 $6,519 $6,519 $2,846 $6,519 $5,165 $4,148 $2,076 $1,811 $3,111 $1,624 $2,731 $1,774 $4,148 $3,154 $1,811 $3,471 $3,331 $3,495 $2,398 $4,236 Revised 5-28-91 ITEM NO. 8 APPROVAL,-'~ FINANCE OFFICER CITY MANAGER__S' TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Mary Jane Henry, Finance Officer May 28, 1991 Rejection of Vehicle Bids RECOMMENDATION: That the City Council exercise the right to reject the bids received resulting in the invitation to bidders of May 9, 1991 (Bid Number 91-015). DISCUSSION: On May 9, 1991 invitations to bid were received by the City of Temecula. Subsequent to the closing date, it was determined the vehicle specifications contained in the invitations to bid required modification by both the City and Community Services District, consequently nullifying the bidding/purchasing process. New specifications have been reviewed and determined sufficient to meet the requirements of both City and Community Services District. The rejection of the above bids by the City Council is a formality so a new bid process can begin. FISCAL IMPACT: None ATTACHMENTS: Bid Opening Log sheet with invitation to bid for Bid Number 91-015. INVITATION TO BIDDERS BID NO. 91-015 Sealed proposals will be received for the purchase of five extended cab pick-up trucks. Bids will be accepted until Thursday, May 9, 1991 at 4 o'clock. Bid proposal forms and specifications may be obtained from the City Clerk, City Hall, Temecula, California. Bids must be submitted on forms furnished by the City Clerk. Please deliver bids in a sealed envelope, with Bid No. 91-015 typed on the outside along with the date delivered to the City Clerk's Office, City of Temecula, 43172 Business Park Drive, Temecula, California 92390. Bids will be opened on Thursday, May 9, 1991 at 4 o'clock and read aloud at that time. Submission of a bid will be deemed a binding offer to enter into a contract on the terms contained therein for 90 days from the bid opening. The City of Temecula reserves the right to reject any or all bids or waive any informality in the process. CITY OF TEMECULA GENERAL VEHICLE SPECIFICATIONS The vehicle shall in every respect meet or exceed all requirements of the Federal Government for safety standards as well as meet or exceed requirements of the California Vehicle Code, the California Administrative Code, and all requirements of the California Motor Vehicle Pollution Control Board for exhaust and crankcase control. The vehicle proposed shall be a current production model. The term "heavy duty" as used in these specifications shall mean that the item to which the term is applied shall exceed the usual quantity, quality or capacity supplied with standard production vehicles. It shall be able to withstand unusual strain, exposure, temperature, wear and use. Prior to delivery, new vehicles must be completely serviced by the successful bidder. Crankcase, differential and transmission must be filled to manufacturer's recommended capacity when vehicle arrives at the delivery destination. Regular Manufacturer's Warranty to be furnished on vehicle. Copy of service manual must be provided with each vehicle. The following list of specifications consists of features to be included in the bid. Please feel free to bid equivalent items, noting any substitution as outlined on the Terms and Conditions, making sure to include any explanation. If there are items not included within the bid, please include that information also. Questions regarding specifications should be directed to the City Finance Department only. Contact: Reta Weston 714-694-4343. CITY OF TEMECULA SPECIFICATIONS FOR FIVE (5) - TWO (2) DOOR 2-WHEEL DRIVE PICK-UP VEHICLES Specifications for five (5) 1991 1. TYPE: 2. COLOR: 3. BRAKES: 4. WINDOWS: 5. STEERING: 6. ENGINE: 7. TRANSMISSION: 8. TIRES: 9. CAB.' 10. AIR CONDITIONING: 11. MIRRORS: 12. RADIO: 13. RUNNING GROUND CLEARANCE: 14. SEATS: 15. INTERIOR: 16. 17. 18. SHOCKS: REAR BUMPER: CARGO BED LENGTH: CARGO BED WIDTH: 2-Wheel Drive, Extended Cab, Pick-Up Trucks. 5 - 2 wheel drive, extended cab Exterior - White Interior- Blue Power Tinted Power with tilt steering wheel 140 HP minimum rating, Gasoline Powered, engine oil, cooler included Fully automatic. Heavy duty transmission, oil cooler included Steel belted radials, 14" minimum, spare included Extended Pick-Up Yes Exterior, both sides AM/FM radio 6 inches Vinyl Vinyl type to match interior. included on extended cab. Heavy Duty Steel Painted 76 inches, minimum 58 inches, minimum Back split bench to be CITY OF TEMECULA SPECIFICATIONS FOR FIVE (5) - TWO (2) DOOR 2-WHEEL DRIVE PICK-UP VEHICLES (Continued) Page 2 19. COOLING: 20. GVWR: 21. MANUALS: 22. DELIVER TO: 23. DELIVERY TIME: 24. WARRANTY/ MAINTENANCE: Extra capacity 4500 pounds Operators Manual will be furnished City of Temecula 43172 Business Park Drive Temecula, California 92390 Thirty (30) calendar days Responsible, vehicle maintenance facility, certified to perform warranty maintenance or vehicle repairs after expiration of manufacturers warranty must be immediately available within a 15 mile distance from City Hall TERMS AND CONDITIONS Page 1 o Bids should be submitted on.a form supplied by the City of Temecula. Bids must be transmitted in a sealed envelope indicating on the outside of the envelope the name of the bidder, bid number, and the date of the specified opening. All prices, quotes and notations must be typewritten or written in ink. No erasures will be permitted. Mistakes may be crossed out and corrections made adjacent. Corrections must be initialed by person signing the bid. Prices bid are to include delivery to Temecula, California, or at any job site within the City in minimum allowable deliveries. Bids submitted may be withdrawn by written or telegraphic request received by the City before the hour set for opening. After such hour, it may not be withdrawn. The City recognizes that price is only one of several criteria to be used in evaluating a product or service. Therefore, the City is not legally bound to accept the lowest price. Vendors are expected to meet or exceed the specifications in their entirety. Each bid shall be in accordance with the specifications. If the bid does not comply with the specifications as written, bidder shall attach to the bid a complete detailed itemization and explanation for each and every deviation or variation from the specifications. Absence of any such itemization and explanation shall be understood to mean that the bid proposed is for work, labor and material which meets all detailed specifications. If the delivered item does not meet required specification, then the successful bidder shall be required to correct at their own expense. The City reserves the right to reject any or all bids and to waive any informality or technical defect in a bid. All bids must be signed by a responsible officer or employee of the firm, giving the firm's name and address. Obligations assumed by such signature must be fulfilled. Bids are requested on new and unused articles only. Items purchased hereunder will be subject to final inspection and acceptance at destination. TERMS AND CONDITIONS (Continued) Page 2 10. 11. 12. 13. 14. 15. 16. Submissions of a signed bid will be interpreted to mean that the vendor has thereby agreed to all of the terms and conditions set forth in the bid package. Time for taking discounts offered for prompt payment will be computed from date of delivery and acceptance at destination, or from the date correct invoice is received if the latter date is later than acceptance date. Unit price(s) will govern in case of error(s) in extension. Award(s) will be made to the lowest responsible bidder(s) complying with all conditions and specifications, providing the bid is reasonable and it is in the interest of the City of Temecula to accept it. A one percent (1%) Sales Tax differential consideration may be given to local (City of Temecula) vendor(s). In case of tie bid prices where all other factors (discount, delivery time, quality, etc.) are identical, award will be made to dealer(s) in the City of Temecula, Riverside County, or in the State of California, in that order of preference. If bids are still identical in those geographical areas, award will be made by lot. The City of Temecula reserves the right to reject a bid of any bidder who has previously failed to perform properly or complete on time, contracts of a similar nature, or to reject the bid of a bidder who is not in a position to perform such a contract satisfactorily. The City expressly reserves the right to reject the bid of any bidder who is in default on the payment of taxes, licenses or other monies due the City of Temecula. If at any time during the life of this contract the successful bidder reduces his price or prices to others purchasing approximately the same quantities as contemplated by this contract, the contract prices shall be reduced accordingly, and the contractor/vendor will immediately notify the Purchasing Division of the City of Temecula. Discounts. The City of Temecula pays bills twice monthly, on the Friday following the second and fourth Mondays of the month. Payments can be made promptly enough to earn discounts provided billings are received promptly and discount periods are specified terminating on the 15th and 30th of the month. Cash discounts are a definite factor in spacing orders and awarding contracts. TERMS OF LESS THAN 15 CALENDAR DAYS FOR CASH DISCOUNTS WILL NOT BE CONSIDERED IN MAKING AWARDS. Page 3 TERMS AND CONDITIONS (Continued) Page 3 17. Unless otherwise requested by the bid package, samples of items, when required, must be furnished free of expense to the City, and if not destroyed by tests, will, upon request, be returned at vendor's expense. 18. In case of default by the awarded vendor, the City may procure the work, materials or service from other sources. The City may deduct any excess cost from any unpaid balance due the vendor, or may bill for same at the City's discretion. The prices paid by the City in such events shall be considered the prevailing market price at the time of purchase. 19. The vendor shall hold the City, its officers, agents, servants and employees harmless from liability of any nature or kind due to the use of any copyright, or uncopyrighted composition, secret process, patented or unpatented inventions, articles or appliance furnished or used under this bid. 20. The successful vendor will not be held liable for failure or delay in performance if prevented or materially hindered by fire, strikes, or acts of God. 21. The work, labor and materials which the bidder proposed to furnish to the City must comply in all respects with the appropriate equipment and safety regulations of all Federal, State and local regulatory commissions whether such equipment or safety features have been specifically outlined or required in these specifications or not. 22. The bidder shall, upon demand, present to the City all necessary certificates, licenses and permits as required by Federal, State and local regulation as necessary to perform the work and deliver materials provided to the City. 23. Bids are subject to acceptance at any time within 30 days after the opening of same, unless otherwise stipulated in the bid package. 24. Successful bidder shall provide: Exempt vehicle license registration Certificate of Origin Original copy of sale SPECIAL TERMS AND CONDITIONS ., Furnish with your proposal the manufacturer's brochure and specifications on the units you propose to supply. Basic units shall comply with specifications herein and include all accessories or extras as listed. The specifications herein shall not be construed in any way to mean the degrading or elimination of accepted standards of engineering and craftsmanship in configuration and construction. ALL EXCEPTIONS to the specifications contained herein must accompany proposal on SEPARATE SHEET(S) with vendor's letterhead and signed by authorized representative, to be considered at the time of the award. The City Manager of the City of Temecula reserves the right to reject any or all proposals or to accept any proposal presented which he deems best suited to the interest of the City, and is not to be bound to accept the lowest proposal price. All proposals are to be quoted F.O.B. City Hall, City of Temecula. There are no "trade-ins" involved in this proposal. All units purchased by the City shall be delivered to the City, cleaned, washed, lubricated and "road ready." Awards will be made on the determination of the best bid(s) for the City of Temecula; price, delivery time, probable future value, and vehicle characteristics considered. The City will consider, among other factors, the distance from the bidder's repair and parts facility to the City of Temecula. A cost per miles of vehicle travel and a cost per quarter hour of employee time consumed in traveling each distance, will be calculated and multiplied by the number of trips per year estimated to be necessary. The hours during which the bidder's parts department is open and whether or not he provides parts delivery upon telephone request, will also be considered in making awards under this bid. CITY OF TEMECULA 43172 Business Park Drive Temecula, CA 92390 BID SHEET BID DATE AND TIME BID DUE Thursday, May 9, 1991 at 4 o'clock DELIVER TO CITY CLERK'S OFFICE CITY OF TEMECULA P.O. BOX 3000 43172 BUSINESS PARK DRIVE TEMECULA, CA 92390 Prices must be listed by individual unit price. Available delivery date must indicated along with payment and discount terms. Make: Model: Year: Color: Unit Sale Bid Price: $ Sales Tax: $ License: $ TOTAL: $ Please print or type the following information: DELIVERY TIME TO BE WITHIN 30 DAYS AFTER AWARD OF BID Specify delivery date after order received: Payment Terms Company Submitting Bid: Address: Phone Number: Sales Manager (Print): Authorized Signature: Remarks: be PLEASE SUBMIT COMPLETE WARRANTY INFORMATION STATEMENT OF NON-COLLUSION An affidavit shall be furnished with this proposal certifying that the proposal submitted is genuine and not collusive or made in the interest or behalf of any person not herein named, and that the bidder has not directly or indirectly inducted or solicited any other bidder to put in a sham bid or any other person, firm or corporation to refrain from bidding and that the bidder has not in any manner sought by collusion to secure for himself an advantage over any other bidder. Any bid made without such affidavit or in violation thereof will not be considered. A copy of said affidavit is attached hereto. Each bidder may bid on any or all of the above listed items, or any combination of such items, and the City reserved the right to award on the lower and best bid as to each item whether such bid be by the same bidder or different bidders. The City also reserves the right to reject any bid as to each item, or all bids, and to waive any minor irregularities. The undersigned has checked carefully all of the above proposal and understands that the City will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. Date this day of , 19 Name of Bidder Per Title Business Address City and State Telephone number Page 1 VENDOR'S AFFIDAVIT TO ACCOMPANY PROPOSALS OR BIDS STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) being first duly sworn, deposes and says: that She/He is ~ (Insert "Sole Owner," "A Partner") ("President," "Secretary," or other proper title) of (Insert Name of Bidder) Who submits herewith to the City of Temecula the attached proposal; that He, She, or They is (are) the person(s) whose name(s) is (are) (strike out words not appropriate) signed to the hereto attached proposal; that said proposal is genuine; that the same is not sham or collusive; that all statements of fact therein are true; that such proposal was not made in the interest or behalf of any person, partnership, company, association, organization or corporation not therein named or disclosed. Affiant further deposes and says: that the bidder has not directly or indirectly by agreement, communication or conference with anyone attempted to induce action prejudicial to the interests of the public body which is to award the contract or of any other bidder, or anyone else interested in the proposed contract; that the bidder has not in any manner sought by collusion to secure for himself, itself, themselves an advantage over any other bidder. (strike out words not appropriate) Affiant further deposes and says that prior to the public opening and reading of bids the said bidder: (a) Did not, directly or indirectly, induce or solicit anyone else to submit a false or sham bid; (b) Did not, directly or indirectly, collude, or conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid, or that anyone should refrain from bidding or withdraw his bid; (c) Did not, in any manner, directly or indirectly, seek by agreement communication or conference with any one to raise or fix any overhead, profit or cost element of his, its, their price or of that of anyone else. Page 2 (d) Did not, directly or indirectly, submit his, its, their bid price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid, depository, or to any member or agent thereof, or to any individual or group of individuals, except to the awarding authority or to any person or persons who have a partnership or other financial interest with said bidder in his, its, their business. (strike out words not appropriate) SIGNED: Subscribed and sworn to before me this day of (Seal of Notary) ,191 (Notary Public) CITY OF TEM~CULA ~m o~,~o ~o smear BIDDER: BID BOND ® e e e 10. CC: City Clerk's Staff (3) Initiating Department (1) City Manager (1) 2\ fonnm\bids~di-O 10 CITY OF TEMECULA 43172 Business Park Drive Temecula, CA 92390 BID SHEET ~91-o15 BID DATE AND TIME 4-25-91 8:00 a.m. BID DUE Thursday, May 9, 1991 at 4 o'clock DELIVER TO CITY CLERK'S OFFICE CITY OF TEMECULA P.O. BOX 30O0 43172 BUSINESS PARK DRIVE TEMECULA, CA 92390 Prices must be listed by individual unit price. Available delivery date must be indicated along with payment and discount terms. Make: DODGE Model: DAKOTA Year: 1991 Color: WHITE Unit Sale Bid Price: $ 14,582.61 x 5 = $72,913.05 Sales Tax: $ 947.87 X 5 = 4,739.35 License: $ 312.00 X 5 = 1,560.00 TOTAL: $ 15,842.48 x 5 = $79,212.40 * ( 1,000.00 ) x 5 = (5,000.00) Please print or type the following information: $74,212.40 DELIVERY TIME TO BE WITHIN 30 DAYS AFTER AWARD OF BID Specify delivery date after order received: Payment Terms PAID Company Submitting Bid: Address: Phone Number: Sales Manager (Print): Authorized Signature: Remarks: SEE ATTACHED IN FULL 10 DAYS AFTER DELIVERY TEMECULA CHRYSLER CENTER 26755 YNEZ RD, TEMECULA, CA (714) 676-0010 SEE ATTACHED F~l~ECIFICATIONS 92390 REBAT TOTAL PLEASE SUBMIT COMPLETE WARRANTY INFORMATION SEE ENCLOSED * REBATE GOOD UNTIL JUNE 30, 1991 BID NO. 91-015 5 EACH 1991 DAKOTA EXTENDED CAB 2X4 EXTERIOR INTERIOR BRAKES WINDOWS STEERING ENGINE ENGINE TRANSMISSION TIRES CAB AIR CONDITIONING MIRRORS RADIO SEATS SHOCKS REAR BUMPER CARGO BED COOLING GVW MANUALS - White - Charcoal or Tundra - Power with rear anti-lock - Tinted - Power with tilt wheel - 3.9 Liter V-6, 125 HP, 195 Ft. Lbs. Torque - Oil cooler included - 4 sp. auto with oil cooler - P195/75R-15, 5 each - Extended (Club Cab) - Factory - Both sides - AM/FM - Vinyl - Heavy duty gas - Steel painted - 78" X 59.6" - Heavy duty - factory - 4780 - 5180 - Yes 5.1 Liter V-8, 170 HP engine is available at an additional cost of $1,188.00. A NOTE ABOUT ORDERING We would like to provide you with the best service available by letting you know about the ordering process up front so there are no misunderstandings. Approximate delivery time is six weeks once the order is placed. Also, we are approaching 1991 model order deadline. The deadline will be early May, 1991. After which time we will be forced to order 1992 models. At this time, we do not have pricing available for 1992. We do not know exact cutoff for 1991 models. STATEMENT OF NON-COLLUSION An affidavit shall be furnished with this proposal certifying that the proposal submitted is genuine and not collusive or made in the interest or behalf of any person not herein named, and that the bidder has not directly or indirectly inducted or solicited any other bidder to put in a sham bid or any other person, firm or corporation to refrain from bidding and that the bidder has not in any manner sought by collusion to secure for himself an advantage over any other bidder. Any bid made without such affidavit or in violation thereof will not be considered. A copy of said affidavit is attached hereto. Each bidder may bid on any or all of the above listed items, or any combination of such items, and the City reserved the right to award on the lower and best bid as to each item whether such bid be by the same bidder or different bidders. The City also reserves the right to reject any bid as to each item, or all bids, and to waive any minor irregularities. The undersigned has checked carefully all of the above proposal and understands that the City will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. Date this _~-.~-,d day of ~.,~,/g_ , 19c~,/. Name of Bidder Per Title ,~.o~?,5~-,~- Business Address City and State Telephone number Page I VENDOR'S AFFIDAVIT TO ACCOMPANY PROPOSALS OR BIDS STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ~'.~ ~.~c~-/~//'-~'/Z being first duly sworn, deposes and says: that She/He is ~ (Insert "Sole Owner," "A Partner") ("President," "Secretary," or other proper title) of (Insert Name of Bidder) Who submits herewith to the City of Temecula the attached proposal; that He, She, or They is (are) the person(s) whose name(s) is (are) (strike out words not appropriate) signed to the hereto attached proposal; that said proposal is genuine; that the same is not sham or collusive; that all statements of fact therein are true; that such proposal was not made in the interest or behalf of any person, partnership, company, association, organization or corporation not therein named or disclosed. Affiant further deposes and says: that the bidder has not directly or indirectly by agreement, communication or conference with anyone attempted to induce action prejudicial to the interests of the public body which is to award the contract or of any other bidder, or anyone else interested in the proposed contract; that the bidder has not in any manner sought by collusion to secure for himself, itself, themselves an advantage over any other bidder. (strike out words not appropriate) Affiant further deposes and says that prior to the public opening and reading of bids the said bidder: (a) Did not, directly or indirectly, induce or solicit anyone else to submit a false or sham bid; (b) Did not, directly or indirectly, collude, or conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid, or that anyone should refrain from bidding or withdraw his bid; (c) Did not, in any manner, directly or indirectly, seek by agreement communication or conference with any one to raise or fix any overhead, profit or cost element of his, its, their price or of that of anyone else. Page 2 (d) Did not, directly or indirectly, submit his, its, their bid price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid, depository, or to any member or agent thereof, or to any individual or group of individuals, except to the awarding authority or to any person or persons who have a partnership or other financial interest with said bidder in his, its, their business. (strike out words not appropriate) Subscribed and sworn to before me this SIGNED: day of ,,~,~_ x: (Seal of Notary) (Notary Public) BID DATE AND TIME CITY OF TEMECULA 43172 Business Park Drive Temecula, CA 92390 BID SHEET MAY 9,1991 4 pm BID DUE Thursday, May 9, 1991 at 4 o'clock DELIVER TO CITY CLERK'S OFFICE CITY OF TEMECULA P.O. BOX 3000 43172 BUSINESS PARK DRIVE TEMECULA, CA 92390 Prices must be listed by individual unit price. indicated along with payment and discount terms. Make: CHEVROLET Year: 1991 Unit Sale Bid Price: Sales Tax: License: TOTAL: Available delivery date must be Model: S-10 Extenden Cab - CS10653 Color: White with Blue interior 12595.45 818.70 based on 6.5% exempt 13414.15 Please print or type the following information: DELIVERY TIME TO BE WITHIN 30 DAYS AFTER AWARD OF BID Soecifv delivery date after order received: 6o days Payment Terms after 15 days of delivery - no discounts Company Submitting Bid: SCHUMACHER AUTO SALES & LEASING Address: ?Rn73 Dim~ Rnmd, guite F, TEMECUI.A CA.92390 Phone Number: 699-6633 ' Sales Manager (Print): ,~,/(~. ,gch,/~achPr (owner) Authorized Siqnature: /t/Wt/ta,4 Remarks: s~ exception.~ p~r ~ttmch~d PLEASE SUBMIT COMPLETE WARRANTY INFORMATION SCHUMACHER Auto Sales & Leasing EXCEPTIONS TO BID NO. 91-015 A) DELIVERY TIME TO BE WITHIN 60 DAYS AFTER AWARD OF BID. ITEM 15. INTERIOR : You requested "back split bench to be included on extended cab. Split bench is not available. The truck is equipped with a Full fold forward solid bench seat ITEM 18 CARGO BED LENGHT: you requested minimum of 76 inches. our truck is 73.1 inch '~ernd Schumacher 'Nil Makes and Models" 28073 Diaz Road, Suite F · Temecula, CA 92390 · Ph: [714) 699-6633 · Fax: [7'14] 699.4665 STATEMENT OF NON-COLLUSION An affidavit shall be furnished with this proposal certifying that the proposal submitted is genuine and not collusive or made in the interest or behalf of any person not herein named, and that the bidder has not directly or indirectly inducted or solicited any other bidder to put in a sham bid or any other person, firm or corporation to refrain from bidding and that the bidder has not in any manner sought by collusion to secure for himself an advantage over any other bidder. Any bid made without such affidavit or in violation thereof will not be considered. A copy of said affidavit is attached hereto. Each bidder may bid on any or all of the above listed items, or any combination of such items, and the City reserved the right to award on the lower and best bid as to each item whether such bid be by the same bidder or different bidders. The City also reserves the right to reject any bid as to each item, or all bids, and to waive any minor irregularities. The undersigned has checked carefully all of the above proposal and understands that the City will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. Date this Hay 2 day of Hay , 19 91. Schumacher Auto Sales & Leasin~ Name of Bidder /~~ Per Bernd Schumacher / / Title owner / 28073 Diaz Rd. SuiteF Business Address Tpm~cu]a Ca. 92390 City and State Telephone number 699-6633 VENDOR'S AFFIDAVIT TO ACCOMPANY PROPOSALS OR BIDS Page 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ~,.r~ $~,,,,~,- being first duly sworn, deposes and says: that She/He is ~ sole owner (Insert "Sole Owner," "A Partner") ("President," "Secretary," or other proper title) of SCHUMACHER AUTO SALES & LEASING (Insert Name of Bidder) Who submits herewith to the City of Temecula the attached proposal; that He, She, or They is (are) the person(s) whose name(s) is (are) (strike out words not appropriate) signed to the hereto attached proposal; that said proposal is genuine; that the same is not sham or collusive; that all statements of fact therein are true; that such proposal was not made in the interest or behalf of any person, partnership, company, association, organization or corporation not therein named or disclosed. Affiant further deposes and says: that the bidder has not directly or indirectly by agreement, communication or conference with anyone attempted to induce action prejudicial to the interests of the public body which is to award the contract or of any other bidder, or anyone else interested in the proposed contract; that the bidder has not in any manner sought by collusion to secure for himself, itself, themselves an advantage over any other bidder. (strike out words not appropriate) Affiant further deposes and says that prior to the public opening and reading of bids the said bidder: (a) Did not, directly or indirectly, induce or solicit anyone else to submit a false or sham bid; (b) Did not, directly or indirectly, collude, or conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid, or that anyone should refrain from bidding or withdraw his bid; (c) Did not, in any manner, directly or indirectly, seek by agreement communication or conference with any one to raise or fix any overhead, profit or cost element of his, its, their price or of that of anyone else. Page 2 (d) Did not, directly or indirectly, submit his, its, their bid price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid, depository, or to any member or agent thereof, or to any individual or group of individuals, except to the awarding authority or to any person or persons who have a partnership or other financial interest with said bidder in his, its, their business. (strike out words not appropriate) Subscribed and sworn to before me this (Seal of/Notary) (Notary Public) SlGNE :, / ITEM NO. 9 APPROVAL FINANCE OFFICER CITY MANAGER ~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/Ciw Council Councilmember J. Sal Mu6oz May 28, 1991 Proposed Goals of the Traffic and Transportation Commission - 1991-1992 PREPARED BY: City Clerk June S. Greek RECOMMENDATION: Receive and file report. BACKGROUND: The Traffic and Transportation Commission wishes to advise the City Council that the following are the general goals they will be pursuing during the coming year subject to any modifications the City Council may choose to make. Participation in the development of the General Plan with emphasis on evaluation and review of the road network for the City and circulation element. The identification and recommendation of programs to promote traffic safety. The identification and recommendation of safety zones such as school bus loading and unloading areas, bus stops, etc. Formulating recommendations regarding transportation within the City of Temecula. Participation in the Parks and Recreation Master Plan development as it relates to bicycle routes/paths and other trails. ITEM NO. 10 ORDINANCE NO. 91-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF SAID CITY IN THE CHANGE OF ZONE APPLICATION CONTAINED IN DEVELOPMENT PERMIT NO. 5, CHANGING THE ZONE FROM R-R (RURAL RESIDENTIAL) TO R-3, R.4, AND R-5 ALONG THE SOUTH SIDE OF HIGHWAY 79 BETWEEN PALA AND MARGARITA ROADS AND KNOWN AS ASSESSOR'S PARCEL NO. 926-016-002, 003, 012, 017, AND PORTIONS OF 926-016-025. THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Public hearings have been held before the Planning Commission and City Council of the City of Temecula, State of California, pursuant to the Planning and Zoning law of the State of California, and the City Code of the City of Temecula. The application land use district as shown on the attached exhibit is hereby approved and ratified as part of the Official Land Use map for the City of Temecula as adopted by the City and as may be amended hereafter from time to time by the City Council of the City of Temecula, and the City of Temecula Official Zoning Map is amended by placing in affect the zone or zones as described in Change of Zone No. 5 and in the above title, and as shown on zoning map attached hereto and incorporated herein. SECTION 2. Notice of Adoption. Within 10 days after the adoption hereof, the City Clerk of the City of Temecula shall certify to the adoption of this ordinance and cause it to be posted in at least three public places in the City. SECTION 3. Taking Effect. This ordinance shall take effect 30 days after the date of its adoption. PASSED, APPROVED AND ADOPTED this 28th day of May, 1991. ATTEST: Ronald J. Parks, Mayor June S. Greek, City Clerk [SEAL] 5/ords91-20 - 1- ITEM NO. 11 ORDINANCE NO. 91-21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF SAID CITY IN THE CHANGE OF ZONE APPLICATION CONTAINED IN CHANGE OF ZONE NO. 12, CHANGING THE ZONE FROM A-2-20 (HEAVY AGRICULTURE) TO I-P (INDUSTRIAL PARK) AND R-5 (OPEN AREA) ON PROPERTY LOCATED ON THE NORTHWEST CORNER OF MARGARITA ROAD AND SOLANA WAY. THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Public hearing have been held before the Planning Commission and City Council of the City of Temecula, State of California, pursuant to the Planning and Zoning law of the State of California, and the City Code of the City of Temecula. The application land use district as shown on the attached exhibit is hereby approved and ratified as part of the Official Land Use map for the City of Temecula as adopted by the City and as may be amended hereafter from time to time by the City Council of the City of Temecula, and the City of Temecula Official Zoning Map is amended by placing in effect the zone or zones as described in Change of Zone No. 12 and in the above title, and as shown on zoning map attached hereto and incorporated herein. SECTION 2. Notice of Adoption. Within 10 days after the adoption hereof, the City Clerk of the City of Temecula shall certify to the adoption of this ordinance and cause it to be posted in at least three public places in the City. SECTION 3. Taking Effect. This ordinance shall take effect 30 days after the date of its adoption. PASSED, APPROVED AND ADOPTED this 14th day of May, 1991. ATTEST: Ronald J. Parks Mayor June S. Greek, City Clerk [SEAL] 5/ords91-21 -1- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Ordinance No. 91-21 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 14th day of May, 1991 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 28th day of May, 1991, by the following roll call vote: 0 C OUNCILMEMBERS: NOES: 0 C OUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: 5/ords91-21 -2- ITEM NO. 12 APPROVAL CITY ATTORNEY FINANCE OFFICER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Engineering Department May 28, 1991 CALLE MEDUSA PREPARED BY: Douglas MacPherson, Senior Transportation Engineer R ECOMMEN DAT IONS: The Traffic and Transportation Commission recommends that the City Council consider the following actions: Install 4-way stop control at Calle Medusa and Kahwea Road/Windsor Road. Encourage future land use studies in the Calle Medusa vicinity to give careful consideration toward minimizing traffic impacts in the Calle Medusa corridor until alternative parallel roads can be developed. Request the General Plan Study consultant to give special and specific consideration to the Calle Medusa corridor during the Circulation Element formulation process. Install full-width pavement on Nicolas Road Ifrom Calle Medusa to Calle Girasol) and on Calle Girasol I from Nicolas Road to Riverton Lane), and direct the City Engineer's office to immediately investigate the feasibility of extending Calle Chapos and Walcott Lane to La Serena Way. I Cost to design and install all improvements is approximately $360,000. ) BACKGROUND: At the March 27, 1991 regular meeting of the Traffic and Transportation Commission, a duly noticed public hearing was held on the Calle Medusa Sub-Committee Report relative to traffic issues on Calle Medusa from Nicolas Road to La Serena Way. The Sub-Committee was comprised of two Commissioners and Staff from the Engineering Department I Traffic Section). The Sub-Committee met with neighborhood representatives to discuss Calle Medusa traffic solutions. A:CALLEMED.-B 1 The attached copy of the agenda report for that public hearing I Exhibit 1 ) presents the recommendations which were made by the Sub-Committee to the entire Traffic and Transportation Commission for their consideration. In addition, this report presents a complete background summary of the Calle Medusa traffic concerns issue. The Calle Medusa Homeowners Association I CMHA) represented by Linda Ashcraft, presented the CMHA responses to the Sub-Committee recommendations I Exhibit 2) at the Traffic and Transportation Commission public hearing on March 27,1991. Since the Commission did not have adequate time to review this document prior to adopting their recommendations to the City Council, the CMHA responses are being submitted to the City Council for their consideration. Exhibit 3 presents the Traffic Engineering Staff responses to the comments raised by the CMHA. Official minutes of the March 27, 1991 public hearing are attached as Exhibit 4. After four meetings, the Traffic Commission Sub-Committee presented the following recommendation to the full commission for their consideration and recommendation to the Council: 1. Install 4-way stop control at Calle Medusa and Kahwea Road/Windsor Road. e Paint a double yellow centerline stripe on the entire length of Calle Medusa. Encourage future land use studies in the Calle Medusa vicinity to give careful consideration toward minimizing traffic impacts in the Calle Medusa corridor until alternative parallel roads can be developed. Request the General Plan Study consultant to give special and specific consideration to the Calle Medusa corridor during the Circulation Element formulation process. Install full width pavement on Nicolas Road. Calle Girasol. and Riverton Lane. Direct the City Engineer's Office to immediately investigate the feasibility of extending Calle Chapos and Walcott Lane to La Serena Way. A:CALLEMED.-B 2 DISCUSSION: After hearing testimony at the public hearing, the Traffic Commission deleted the Sub-Committee recommendation #2 (double yellow stripe) and modified recommendation #5 to delete full width pavement on Riverton Lane. The Commission deleted the double yellow centerline based on neighborhood concerns that possibly the speeds would increase and property values decrease if it were installed. The Commission also deleted full-width pavement on Riverton Lane (from Calle Girasol to Calle Medusa) in favor of investigating an alternative, i.e., paving Calle Chapos (from Calle GirasoI-Riverton Lane) and Walcott Lane from Calle Chapos to Klarer Lane. This would provide a complete paved option between Nicolas Road/Calle Medusa and Calle Medusa near La Serena Way (see Exhibit 5). Double Yellow Centerline The City Council may wish to consider the installation of the double yellow centerline for the following reasons. The centerline stripe will serve several significant safety functions including: Providing definition of the center of the roadway ( decreasing the likelihood of motorists wanderin9 into the on-coming traffic stream or into parked vehicles on-street). This safety protection is most necessary on the curves (both horizontal and vertical which exist on Calle Medusa), and during nighttime hours and during periods of limited visibility from poor weather conditions. Preventing passin9 maneuvers alon9 Calle Medusa. Passing maneuvers on Calle Medusa need to be prevented for several reasons: ao Calle Medusa has residential driveways on both sides about every 100 feet with the potential for numerous vehicles to back out of or pull into driveways continually throughout the day (and portions of the night), Calle Medusa has significant school bus activity with about 300 school a9e students loaded/unloaded on Calle Medusa daily. Community mailboxes have been installed on alternative sides of Calle Medusa causing pedestrians to continually cross the street. do The only effective means of preventing passing is with double yellow centerline striping. A:CALLEMED'.-B 3 Staff does not concur with the neighborhood position that double yellow centerline striping will increase speeds on Calle Medusa. Four all-way stop signs and several Speed Limit 25 mph signs have been (or will be placed) on Calle Medusa to significantly support the 25 mph prima facie speed limit which exists because Calle Medusa meets the definition of a residence district as required by the California Vehicle Code to have a 25 mph prima facie speed limit. Staff does not concur with the neighborhood position that the double yellow centerline will induce additional commercial traffic, since a 3-ton weight limit has been enacted and signs are posted on Calle Medusa to provide the enforcement mechanism to control that occurrence within the limits of the Vehicle Code. Four (4) Way Stop - Calle Medusa and Kahwea Road - Windsor Road Numerous traffic engineering studies demonstrate that when stop signs are arbitrarily installed to interrupt through traffic, there exists a high incidence of intentional violation which leads to an increase in accidents. Many citizens assume the installation of stop signs will control speeding. Research studies have shown that vehicles do slow down when approaching stop signs but immediately accelerate to normal cruising speed after the sign. Therefore, the only reduction that is experienced at stop signs is within 100-200 foot approaches on either side of the intersection. In addition, mid-block speeds usually become slightly higher, possibly due to motorists trying to make up for lost time. Another important aspect that cannot be overlooked regarding stop controls is the increase in ambient noise and pollutant level in the vicinity of the stop sign. This factor should be taken into consideration in residential neighborhoods where the increased noise levels of cars breaking and accelerating might be objectionable. However, staff recognizes that the situation occurring on Calle Medusa does not fit into the typical warrant evaluation categories I sight distance, accidents, volumes). Staff also recognizes that warrants are to be used as guidelines and that the Council may evaluate each situation on a case by case basis. Therefore, the staff recommends that the Council consider approving the four-way stop sign at Calle Medusa and Kahwea Road- Windsor Road due to the following extenuating circumstances. Calle Medusa was designed to the Riverside County street standards for a residential collector (44/66). However, due to the incomplete development of the City's circulation system, Calle Medusa is also functioning as a through street to provide north/south access within the City. There is an average of one residential driveway with the potential for a vehicle to back into Calle Medusa approximately every 100 feet. Community mailboxes have been installed on alternative sides of Calle Medusa causing pedestrians to continually cross the street. There are school bus loading/unloading stops on Calle Medusa near this intersection. A:CALLEMED.-B 4 Calle Chapos - Walcott Lane The City Engineer's Office has preliminarily investigated the feasibility of improving (paving) Calle Chapos (from Riverton Lane/Calle Chapos) and Walcott Lane (from Calle Chapos to Klarer Lane) as shown on Exhibit 5. This alternative roadway · concept (as an alternative to Calle Medusa between Nicolas Road and La Serena Way) 'would also involve paving Nicolas Road and Calle Girasol. Whether or not this alternative roadway would be an attractive alternative to the motorist is dependent on the comparison of travel time of the Calle Chapos - Walcott Lane roadway with that of Calle Medusa. Nicolas Road to La Serena Way via Calle Medusa is about 1.3 miles versus a 1.9 mile trip via Nicolas to Calle Girasol toWalcott Lane to La Serena Way. Even considering the lost time on Calle Medusa because of the 4-way stops, total travel time via the Calle Chapos - Walcott alternative would be equal to or greater than Calle Medusa. In addition, since Calle Medusa carries about 3,000-3,500 vehicles per day the projected diversion to Calle Chapos - Walcott Lane would be expected to be perhaps 1,000-2,000 vehicles daily. The alternative roadway from Nicolas to La Serena Way which was investigated would be one-lane each direction (30 feet wide; 3" asphalt concrete on 6" aggregate base). Limited grading has been assumed. Major grading (at a significantly higher cost) would be necessary to provide optimum grades and sight distance on this roadway. As the attached estimate indicates, the estimated roadway cost is $360,000. The Council may wish to consider using the approximately $360,000.00 to assist with constructing the ultimate circulation element improvements to Nicolas Road and Butterfield Stage Road (both programmed as arterial roadways in the area) in lieu of constructing the previously mentioned alternatives. SUMMARY: During the past months traffic issues on Calle Medusa have been carefully considered and discussed by Engineering Department Staff, a Commission Sub-Committee, the full Traffic Commission and many residents of the Calle Medusa area. These efforts have already resulted in the installation of a 3-ton weight limit (and signing), three 3-way stop installations (with a fourth 4-way stop recommended), the installation of numerous 25 mph speed limit signs (to support a prima facie speed limit on Calle Medusa), and the consideration of a variety of other traffic solutions (speed humps, median islands, roadway narrowing, on-street parking stalls, as well as an analysis of a complete alternative roadway to Calle Medusa. It is recognized that future roadway improvements and traffic planning are necessary to effect a more complete solution to traffic conditions on Calle Medusa. Recommendations 2 and 3 will allow the City to continue to address the continuing concerns of the resident's adjacent to Calle Medusa. It must be emphasized that Calle Medusa was designed as a collector street to serve the adjacent residential development and that at completion of the current circulation element the volume of traffic on the street will not be significantly reduced. A:CALLEMED.-B 5 Fiscal Impact The proposed construction project may De considered for funding in the FY 91-92 Capital Improvement Program. DM: ks A:CALLEMED~-B 6 EXHIBIT 1 AGENDA TRAFFIC AND TRANSPORTATION COMMISSION MEETING MARCH 27, 1991 - CALLE MEDUSA PUBLIC HEARING AGENDA REPORT CALLE MEDUSA SUB-COMMITTEE/ENGINEERING DEPARTMENT FINAL REPORT TRAFFIC\G14 AGENDA TEMECULA TRAFFIC AND TRANSPORTATION COMMISSION REGULAR MEETING TO BE HELD AT VAIL ELEMENTARY SCHOOL 29915 Mira Loma Drive MARCH 27, 1991 - 7:00 PM FLAG SALUTE ROLL CALL: COMMISSIONERS: Godnick, Guerriero, Johnson Roberts, Sanders PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the commission on items that are not listed on the Agenda. speakers are limited to two (2) minutes each. If you desire to speak to the Commission about an item not listed on the Agenda, a pink #Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name and address. For all other agenda items a "Request to Speak'~ form must be filed with the Recording Secretary before the Commission gets to that item. there is a five (5), minute time limit for individual speakers. COMMISSION BUSINESS 1. Calla Medusa Sub-Committee Final Report. Recommendation s: Install ~-way stop control at Calle Medusa and Kahwea Road/Windsor Road. Paint a double yellow centerline stripe on the entire length of Calle Medusa. e That the Traffic Commission encourage future land use studies in the Calle Medusa vicinity to give careful consideration toward minimizing traffic impacts in the Calle Medusa corridor until alternative parallel roads can be developed. That the Traffic Commission request the General Plan Study consultant to give special and specific consideration to the Calle Medusa corridor during the Circulation Element Formulation Process. e Install full width pavement on Nicolas Road, Calle Girasol, and Riverton Lane. Commission Reports Adjournment Next regular meeting Wednesday, April 24, 1991,7:00 p.m., Temecula Unified School District, 31350 Rancho Vista Road, Temecula, CA. DM/Ib traff\agn3-27 MEMORANDUM TO: FROM: DATE: SUBJECT: Traffic Commission Engineering Department March 27, 1991 Calle Medusa Sub-Committee Final Report Staff wishes the Commission to consider modifying recommendation Number 5 of the report by adding: ~'and direct the City Engineer's office to investigate the feasibility of extending Calle Chapos and Walcott Lane to La Serena Way.9 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Traffic Commission Calle Medusa Sub-Committee/Engineering Department February 27, 1991 , Calle Medusa RECOMMENDATION: It is recommended that a public hearing regarding this issue be scheduled for the traffic and transportation commission meeting on March 27, 1991 for which the Calle Medusa sub- committee will prepare its final recommendations. BACKGROUND: The Calle Medusa sub-committee has endeavored to identify the concerns of residents and possible solutions regarding traffic conditions in this area. The sub-committee has met with representatives of the residents of the area and with staff, reviewed previous studies and reports, and analyzed area traffic circulation in the pursuit of its goal. Th, e concerns reported by residents of Calle Medusa include: 1. Excessive speed of vehicles. 2. Excessive volume of vehicles. 3. Excessive use of Calle Medusa by commercial vehicles, especially construction vehicles. 4. Excessive use of Calle Medusa by school busses. To date the following improvements have been installed on Calle Medusa in an effort to alleviate the reported concerns: 1. Implementation of a 25 mph speed limit along the residential portion of Calle Medusa. 2. Installation of 3-way stop control at 3 locations: Calle Medusa and Enfield Lane Calle Medusa and Chauncey Way Calle Medusa and Riverton Lane 3. Enactment of a 3 ton weight limit on Calle Medusa. The Engineering Department was directed to study the feasibility of closing Calle Medusa a~ a through route. The study revealed that closing Calle Medusa as a through route was feasible however, the resulting public response to this issue was overwhelmingly negative. A petition with 108 names, which requested that Calle Medusa not be closed, was subsequently forwarded to the Engineering Department. The most commonly cited reasons for disagreement with road closure were: Increased travel time for residents. Expectancy of traffic to divert around closure on other residential streets. Increased response time for emergency vehicles. Calle Medusa serves as a collector road for approximately 300 homes. These homes have no ingress/egress other than Calle Medusa. The Institute of Transportation Engineers (ITE) Trip Generation Manual indicates that approximately 10 trips per residence are typically expected. This would lead us to expect approximately 3000 vehicles per day on Calle Medusa. The highest recorded traffic count on Calle Medusa was 3133 vehicles per day, north of La Serena Way. This data indicates that less than 5% of the traffic on Calle Medusa is improperly using it as a through road. Use of a public road by commercial vehicles which require ingress/egress by use of that road can not be restricted, per CVC Section 35703. This results in the need for residents to be tolerant of vehicles which are legally and properly using the road. There are several tracts of homes under construction at this time, which lie adjacent to Calle Medusa. Therefore it is expected that much of the construction traffic is using Calle Medusa in a lawful manner. Careful analysis of the available data and consideration of input from residents has lead to the identification of certain measures as possibly relieving the concerns of the residents of the Calle Medusa area. The measures are presented in 2 categories; short-term - projects which could be completed within several months, and long-term - projects which may take 1 year or longer to complete. SHORT-TERM - Convert Calle Medusa to a meandering roadway. These improvements could reduce the speeds on Calle Medusa be reducing width and creating additional curves in the roadway. This would require prohibition of all parking on Calle Medusa. - Construction cost is estimated to be greater than $100,000. Install centerline striping and parking stall markings. - Speeds could be reduced by creating the illusion of a narrower roadway. - Some residents may find the parking stalls aesthetically unpleasant. .Construction cost is estimated to be less than $10,000. Install 4-way stop at Kahwea/Winsor and Calle Medusa. - This would provide stop control at approximately equal distances on Calle Medusa. May not produce the desired effect. Construction cost is estimated at approximately $1,000. Enhanced enforcement of traffic regulations. Existing traffic regulations are frequently violated. Periodic enhanced enforcement could increase compliance with existing regulations. Concentrated effort at a single location could reduce enforcement at other locations. Install full width pavement on Nicolas Road, Calle Girasol, and Riverton Lane. These improvements could allow some of the locally generated traffic to avoid the use of Calle Medusa thereby lessening volumes on Calle Medusa. It is anticipated that these improvements will cause traffic volumes to rise on Riverton Lane and surrounding streets which may result in additional concerns by residents of those streets. Reduce the number of school busses using Calle Medusa. - This could be implemented by requesting that the school district re-evaluate current bus stops and routing. - It is nQ1; recommended that school busses be re-routed to use Winchester Road. Prohibit any additional development with access to Calle Medusa. - This could help to prevent traffic conditions on Calle Medusa from becoming worse. Impose a moratorium on construction in the area bounded by Rancho California Road, I-1 5, north city limit, and east city limit; until Margarita Road between Solana Way and Winchester Road is completed. - Construction of Margarita Road would allow traffic to remain on the Arterial Street System, rather than diverting to Calle Medusa. - It is anticipated that a cooperative effort by the City and development community could facilitate an accelerated project schedule to minimize the duration of the moratorium. LONG-TERM Each of these proposed projects should reduce the tendency of traffic to leave the arterial street system in search of other routes. - Construct full improvements at Winchester Road and Nicolas Road. Develop Butterfield Stage Road corridor. Construct Margarita Road between Solana Way and Winchester Road. Upgrade Ynez Road. Multiple lanes. Traffic Signals. This project is currently in progress via Community Facilities District 88-12. Many other alternatives were considered in the course of this review, those which are listed above are thought to be within the means and authority of the City to implement. It should be noted that implementation of any or all of these alternatives does not guarantee that all of the concerns of the residents of the area will be alleviated. It is recommended that traffic issues on Calle Medusa not be re-evaluated for a period of one year, to allow any improvements which are implemented to take effect. MG:sl 02,160 0021 043 AGENDA3\TRAFFIC EXHIBIT 2 CALLE MEDUSA HOMEOWNERS ASSOCIATION RESPONSE TO RECOMMENDATIONS FROM CALLE MEDUSA SUB-COMMITTEE (submittal to Traffic and Transportation Commission on March 27, 1991) TRAFFIC\G14 C~LL[ HgDUSa HOHgO[~gES ~$$0Cla7101 ;espouse to ;ecouaendatious F~ou Calle Wedusa Sub-Cetmittee RSSPONS{ TO SUB-COWWI??E{ RECOW#EgDA?ION{: $unmarized below are the ~esponses end additional ~ecommendations prepared by the Calla Wedusa goneowners issociation iu response to the recoumendations subniPPed by the Calla gadusa Sub-Connittee oi the City o[ ?enecula's ?ratfit Curtission. AGEEE (see aaendaents). le agree with the Calla Nedusa Sub-Connittee's zecotaendatlon foe the installation o! a 4-way stop at Calle Nedusa and [ahvea toad/Windsor goad but believe that one additional controlled stop is not sulilcient to slow down traffic on this street. SOl AWEEDgEgT$: We request two additional three-way controlled stops be placed at the iollovinq locations: (1) l-way stop at Calle Wedusa and La {ererio (2) l-way stop at Calle Wedusa and leilaaEtna We also request scheduled and concentrated eniorceaent o[ all controlled stops on Calle Wedusa. (i) Increased police en[orcetent. Secause ot the frequency ot vehicles ~onning stop signs on this street, we request that the~e be increased scheduled police eniorcetent o[ these required stops and o[ the posted 25 tph speed latin. (2) Installation of 'passive' stop control. If the additional three controlled stops and increased police enforcetent ace not suitargent, we then Eequest that the City oh ?enecula then coastder the installation of 'passive' stop sisn enforcement, such as speed dips or buaps, at several strategic locations along Colin Nedusa. RESPONSE TO RECOggEN?ITIO! 2: DISaOgS{. We strongly dlsag;ee with the Colin ~edusm $ub-Committee's recommendanton to; paiotin~ a double yellow centerline stripe down the cente; oh Calle Wedusa for the hollowing reasons: (1} gedusa's eraflit problems are speeding vehicles, excessive nntber 'cut-through' vehicles, and cottatrial vehicles exceedin~ I tons. gone o[ these p[obletm will be ateliorated, in any way, by paintln~ double yellow line down Colin Nedusa. (Page l) (2) Ever! motorist knows that double yellow lines are not used on zesidential stzeets. If a yellow line i~ pet down Calla Medusa, motorists viii assume that this is a commercial road and feel free travel at an even higher rate of speed than they currently do. ?uEthe~, commeEcial vehicles will Eeel they have been givem the 'green light' to use this stEeet fom their Eoutes. $o, Eathe~ than help ~esolve any of the existing problens, ~aintiug a dooble yellov line down galle Medusa will actually exaceEbate cuE~ent t~afflc p~ohlems. E#¢OUR{GE$ WO?ORI$?{ 70 8PRRB. It is common knowledge that the speed limits on roads with double yellow lines are significantly highe~ than the speed limits oa ~esidential stieets. ~laciug the same yellow center striping on Calla ~edusa, a residential street with a 25 nph speed limit, as that on the two mlin arteries that reed into Calle Wedusa, !icholas and La Serena -- where motorists routinely travel at speeds in excess of 50 mph -- will elcou[age motorists to continue driving at these higher speeds even aite~ they enter ~alle Medusa. DECISigE$ P!OPER?! VALUES. Experienced residential real estate appraisers and consultants used as expert witnesses in real estate cases brought before the comets, have informed us that painting a double yellow center stripe down ~alle Bedusa will have a signiiicant negative impact on home values. le were lnio~med that each homeowner on this street could expect to incur a $5000-?,5~0 loss oi value on their home as a result of this center stripimp. Cente~ stiiping causes this loss ot value because double yellow lines signal that this is a comme[cial road with all that implies li.e., t~afiic noise, speeding vehicles, high volume of traffic, large commercial vehicles, etc.) and mot a 'safe' residential street and so the pEnpetty is much less desirable. HOi INENDWE!?S: le request that the Calle Nedusa ~ub-Committee withdraw its recommendation to paint a double yellow centerline snipe down the entire length of Calle Hadusa because centex striping will neithe~ increase safety on this street nor solve any of the current traffic problems, as detailed above. RE$~ON${ TO RRCOMHRITiTIO! {: IGREg (see amendments). !e agree with the Calte Wedusa Sub-Comnittee's :econnendation that future land use studies in the Calla Hadusa viciuity ~ive careful consideration toward minimixing tEaitic lugacts in the Calla Hadusa corridor until alternative parallel roads can be developed but believe that this recommendation is not specific enough and does not go enough to address this problem. HOi AMEIDNgN?S: le request that this recommendation be modified to read that '10 more developnent should be ~ezmitted in this area U!?I: an alternate parallel road has been coulleted." The current volume oi traffic on Calla Hedusa is already too heavy and is adversely impacting the health and safety and quality o! life of the families living on this street. (?age RgiPOM$1 TO RICOMMg!D&?IO! 4: AGR&! (see amendleots). le agree vltb the Calla Nedgsa Sub-Commlttee's recommendation that khe ?rattic Commission reqaest the General Plan Stqdy consa]tant give spec~ and specific consideramiga to the Calla Mednsa corridor dazing the Circalamina Binmeat Formelation Process. &gain, ve believe that this recommendation is not specific enoagh and does not far enough to address this problem. NO& &Mg!DMgI?S: le request that this :etaemendation be expanded to include the following teconaendattons to develop the needed North-South attexlal: (i) Determine the exact route of a alternative parallel arterial road that zuas behind the homes here ~n Ridden gills. le recommend that the City at ?emacaim consider developing the graded ~oadvay that consists o~ Calla ~erasol to Calla Chapos To lalcott :ann to tie Into ~a Serena to c~eate this badly needed arterial. le also a~ge the City of ?emecala consider tbts matte~ immediately betore development commences so that the developers o~ the aJoinlag properties viii know to back thel~ homes to this road. (See enclosed map shoving p:oposed ro~te.~ (21 Prepare specific plans to fund and ~evelop this roadway. set a target completion date for this road viihim the next 12 months. ¢onside~ lnstallatlon of a permanent gate oz cal-de-sac between,the Mirads and Saddlewood tracts once this altecnative thoroughfare is completed. (5) Change street name from Calla Nedusa to )IDDgl BI&~ I~I once the this alternative a~terlal Is completed. glSPOIS! TO R;CO~M;!OiTIOI 5: ~GRg~ (see amendments). le agree with the Calla Medusa Snb-Coamittee's recommendation to install full width pavement oa Nicolas goad, Calle Glzaso], and Uvezton ~ane. Bovevez~ ve reqaest that this recommendation be expamded to inclade additional full width pavement oa adjoining roads as detailed la the amendment below. {See enclosed map shoving proposed zoate.) gOl iHglON!!?S: le request that this recommendation be expanded to include addltlonal 2-lane pavement to complete ~lle ~lzasol to Calle Chapos to Walcott :aae to tie Into ~a Serena to create the atoxemeatloned alte~fiative parallel route needed ~oz thzoagh traffic In this azea and take commercial, cut-through, and school bus t~a~flc oE~ the local residential streets. in addition to eliminating the most egzeglous traffic problems on Calla Medusa, this road coald sezve as the route fox the proposed ?eaecula ~al~ey Bas System in this area and pEgvide residents with transportation alternatives without subjecting them to additional tcaiflc. ~azthez, ve request that the City at ?emecmla appoiut a committee of Midden )llls residents drawn [~om ~esideets Ii~lng on and of[ Calle Madass, to consult with Hanalng/gngineexing Department during its studies and development of this p~ogosed a~terial. (Pate 3) ¢01C~U~[01: !e believe that this l: hardly the time to end evaluation of traffic issues on ¢alle nedusa because the improvements recommended here today are merely temporary 'BIIOlID$' and not a permanent '¢UH' ~or the t~afiic problems on Calle Wedusa. eatbeE, ve believe that, because the City's General Plan is currently under development, now is precisely the time fo~ the City of tenecuta to give the :nile Wedusa situation the consideration tt deserves and find a permanent 'cure' ~or the traffic proHems in this area that neither Nargarita Ivhlch is too far West) nor Butterfield ~tage (vhich viii be too far gast) because o~ their qeo~raphlc locations viii be able to adequately relieve, le hope that it is nov clear to the City of Temecula that nothinq less than a parallel arterial road In this area viii reSdiVe the ~Calle Hedosa Problem viihoot sacrificing the quality ot life of residents llvlnq on Colin Nedusa or elimlnatlnq the th[on~hvay convenience ~oz ~esidents and businesses throughout the Temecula area vho use this street as a 'cut-through.' Further, vhile ve a~Feciate and support additional controlled stops and concentrated enforcement ot tzatflc regulations that vttt aid in nanaqinv the traffic problems Ul?I~ this hey arterial can be completet~ ve also reedquire that ~uch limited measures alone viii never sotve traffic proDtens of the nature and mainlinde o! those impactinq Calle Wedusa, vhich is a ~esidential street bein~ forced into service as the only Wo~th-louth thorough/are in an area of active development. Simply stated, Cairn Nedusa is already overburdened vtth coumerclal and other 'cut-through' traffic from surrounding areas as tar ova! as Hemet and Riverside because there is no other ~orth*South access road in this area. ¢onsidezin~ this fact and the fact that hey development projects already approved for the Calle Nedusa corridor include hundreds of hey homes, several hey schools, at least tvo hey churches, another shopping cente~, and the hey Post Office vhich can be expected to put thousands of additional vehicles on the main roads in this area, all of vhich feed Into the snalter earle Nedusa, tt should be obvious that traffic problems on Calle Nedusa are goin~ to get nothinv but get rouse. le realize that that the City of Tenecula inherited the 'Colin Wedusa Problem' from the :ounty's Planning Department vhlch helped create this ~robiem vhen its representatives chose to subordinate ~he ¢ounty~s established guidetines for ~oad desiqn to the ~economi¢ convenience' of the five builders vho developed the ~tdden ~llls tracts. :ouaty guidelines dictate that homes should back onto arterials and that there be an adequate buffer zone betyep, those hones and the street ** so that the zestdents of those homes viii not be subjected to precisely those conditions -* traffic noise, exhaust ~umes, and the danqers presented by fast moving traffic ** that the residents on Colin ~edusa nov find themselves ~aced vith. Outte simply, the design of Colin Wedusa vas no ntstake; the developers and the planners knev full veil vhat they vere dolnQ. Ca]le ~edusa is the result of an lntentional plan advanced by the developers to avoid paying the extra expense of an exterior access road and approved by County planners hungry ~o~ development zevenne. Colin ~edusa, vith homes frontln~ it and no buffer zone vhatsoever, should not be forced to continue servtnq as the main lorth-~outh arterial in this area because it does not meet any of the conditions of a properly planned arterial road: the roadray isn't vide enouqh~ houses are facing the vronq vay~ there is no noise barrier or berm that vould be required to provide noise shielding to homes adjacent to such a road. Finally, it is our hope that the City of tenecula viii not ignore the vellbeinq of the ~amilies living on this street take vhatevez ste~s necessary to develop a p[operly designed Worth-South arte[ial needed in ~his area rather than try to force Calle Wedusa to continue servinq a [~nction toz vhich it is ill suited. FOR THE CALLK NEDUSA CORRIDOR · +-q. --+ .._- -- ~ ..... · _ ~__. ~1 "- . ' ' ' ~' ": :..:.t~:,.~',i?" ,. · 'I''" !:':' ' '"~-'-T~'- : .;,?..' ~ ' '.",.. "~, :. I ' '.,. - I~;.' . .. , ,,,?"' " i ~' ...... ' '~ ~... , ~ sERENA ' P23 ,., '~' ALl OS .~-, .." ' .;.l . ' ". "~ . ~' I j.J EXHIBIT 3 STAFF RESPONSES TO: CALLE MEDUSA HOMEOWNERS ASSOCIATION I Comments on Sub-Committee Report) TRAFFIC\G14 STAFF RESPONSES TO CALLE MEDUSA HOMEOWNERS ASSOCIATION (CMHA) COMMENTS e CMHA Comment: We request two additional three-way controlled stops be placed at the following locations: Calle Medusa and La Serena Way Calle Medusa and Wellington Circle RESPONSE: If the Council concurs with the Commission recommendation to install a 4-way stop on Calle Medusa at Windsor/Kahwea, Calle Medusa will be stop controlled at four (4) locations between Nicolas Road and La Serena Way (a distance of about 1 to 1 1/4 miles). Wellington Circle is located too close to the existing stop sign at Chauncey Way to justify another stop sign on Calle Medusa. Since La Serena Way dead ends just beyond Calle Medusa, the volume on one of the three legs of the Calle Medusa/La Serena Way intersection is estimated to be less than 100 vehicles daily (insufficient to warrant 3-way control ). CMHA Comment: We request that there be increased scheduled police enforcement of these required stops and of the posted 25 mph speed limit, RESPONSE: The Police Department has been enforcing the traffic control devices on Calle Medusa as frequently as resources and other issues allow, This enforcement will continue. CMHA Comment: If the additional three controlled stops and increased enforcement are not sufficient, we then request that the City of Temecula then consider the installation of "passive" stop sign enforcement, such as speed dips or bumps at several strategic locations along Calle Medusa. RESPONSE: The Deputy City Attorney has issued an opinion on pavement undulations (speed bumps) and traffic diverters to the Traffic Commission on November 28, 1990. In summary, the conclusion was that "potential liability arising out of the use of speed bumps and/or traffic divefrets appears to outweigh the potential benefits". A:CALLEMED.-B 1 4. CMHA Comment: e (Double yellow stripe centerline) does not solve any of the traffic problems on Calle Medusa, RESPONSE: Staff agrees that speeding, excessive cut-through vehicles, and commercial vehicles infiltration will not be significantly impacted by double yellow centerline striping. However, a significant contribution to enhancement of safety will occur as a result of installing the centerline (see staff comments under Discussion in Staff Report earlier). CMHA Comment: If a yellow line is put down Calle Medusa, motorists will assume that this is a commercial road and feel free to travel at an even higher rate of speed than they currently do. Further, commercial vehicles will feel they have been given the "green light" to use this street for their routes. RESPONSE: A 3-ton weight limit has been enacted and signs are posted on Calle Medusa to provide enforcement to control commercial vehicle traffic on Calle Medusa. Use of Calle Medusa by commercial vehicles cannot be restricted (per CVC Section 35703) when the commercial vehicles are making deliveries or engaged in bona fide construction related activity. CMHA Comment: Experienced real estate appraisers and consultants used as expert witnesses in real estate cases brought before the courts, have informed us that painting a double yellow centerline stripe down Calle Medusa will have a significant negative impact on home values. RESPONSE: Staff's independent investigation of this issue has not verified this allegation. CMHA Comment: We request that this recommendation (that future land use studies in the Calle Medusa vicinity give careful consideration toward minimizing traffic impacts in the Calle Medusa Corridor until alternative parallel roads can be developed ) be modified to read that "no more development should be permitted in this area until an alternate parallel road has been completed. RESPONSE: This matter would be a Council policy decision, however, such a moratorium could have a significant negative economic impact on the City. Each future development in the area would as a condition of development be responsible for their "fair share" of regional roadway improvements which could provide the very alternative roadway (such as Butterfield Stage Road) to relieve traffic in the Calle Medusa vicinity. A:CALLEMED.-B 2 8. CMHA Comment: (Page 3 of the CM'JA Comments referring in various ways to the CMHA request to investigate and construct the Calle Girasol-Calle Chapos- Walcott Lane alternative roadway to Calle Medusa. ) RESPONSE: The discussion section of this agenda report has presented the staff findings, conclusions, and recommendations relative to this alternative roadway. A:CALLEMED2-B 3 EXHIBIT 4 MINUTES OF REGULAR MEETING OF THE CITY OF TEMECULA TRAFFIC AND TRANSPORTATION COMMISSION MARCH 27. 1991 TRAFFIC\G14 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA TRAFFIC AND TRANSPORTATION COMMISSION MARCH 27v 1991 A regular meeting of the City of Temecula Traffic and Transportation Commission was called to order Wednesday, March 27, 1991, 7:00 P.M. at Vail Elementary School, 29915 Mira Loma Drive, Temecula. The meeting was called to order by Chairman Knox Johnson. Commissioner Roberts led the flag salute. PRESENT: 5 COMMISSIONERS: Godnick, Guerriero, Roberts, Sander, Johnson ABSENT: 0 COMMISSIONERS: None Also present were Assistant City Attorney John Cavanaugh, Staff Representatives Mark Greenwood and Doug MacPherson, Sergeant Jim Domenoe, and Minute Clerk Gail Zigler. PUBLIC COMMENT None COMMISSION BUSINESS 1. Calle Medusa Sub-Committee Final Report. RECOMMENDATIONS: 1. Install 4-way stop control at Calle Medusa and Kahwea Road/ Windsor Road. 2. Paint a double yellow centerline strip on the entire length of Calle Medusa. 3. That the Traffic Commission encourage future land use studies in the Calle Medusa vicinity to give careful consideration toward minimizing traffic impacts in the Calle Medusa corridor until alternative parallel roads can be developed. 4. That the Traffic Commission request the General Plan Study consultant to give special and specific consideration to the Calle Medusa corridor during the Circulation Element Formulation Process. 5. Install full width pavement on Nicolas Road, Calle Girasol and Riverton Lane. TTMIN3/27/91 -1- APRIL 2v 1991 TI~FFIC AND TI~,NSPORTATION CONNISSION NINUTES NARCH 27, ~99~ MARK GREENWOOD provided a staff report on the joint recommendations made by the Calle Medusa sub-committee and the Engineering Department. CHAIRMAN JOHNSON opened the public hearing at 7:25 P.M. LINDA ASHCRAFT, 40397 Calle Medusa, Temecula, representing the Calle Medusa Homeowner's Association, presented the Commission with a report of written response to the recommendations for Calle Medusa. Ms. Ashcraft added that the Hidden Hills area residents would like a committee formed of some of the homeowners to work with the General Plan consultant and the Engineering Department to look at a permanent solution to the Calle Medusa problems. CHERIE REGENER, 40787 Calle Medusa, Temecula, advised the Commission that the placement of Stop Signs on Calle Medusa has caused traffic to divert from the school, thru a Metropolitan Water District Easement and then onto her property. She added that the children use this easement to walk back and forth to school and this diverting traffic poses a safety hazard. GARY TAYLOR, 40811 Calle Medusa, Temecula, requested that the Commission encourage the developer to complete all the final improvements that they were conditioned for. YVONNE TAYLOR, 40811 Calle Medusa, Temecula, also spoke in favor of requesting the developer to complete the improvements for an arterial roadway. DAVID LAWTON, 40180 Calle Medusa, Temecula, recommended the placement of speed bumps or dips to slow down the traffic. SHARI CRALL, 31301 Ashmill Court, Temecula, spoke in favor of making Calle Medusa a meandering roadway with landscaped medians. KAREN HECKENDORF, 31106 Riverton Lane, Temecula, suggested paving Nicolas Road through to Rancho California Road at the cost of the developer. She added that if the Commission recommends to pave Riverton Lane, that Stop Signs be placed at Riverton Lane and Yardley. BRIAN SAMPSON, 40655 Calle Medusa, Temecula, provided the Commission with a map which offered a recommendation for traffic diversion. Mr. Sampson opposed the recommendation for a double yellow centerline strip. JOSEPH ASHCRAFT, 40397 Calle Medusa, Temecula, opposed the TTMIN3/27/91 -2- APRIL 2, 1991 TRAFFIC AND TRANSPORTATION COMMISSION MINUTES MARCH 27, 1991 recommendation for a double yellow centerline strip. strongly recommended an alternate arterial route. He DENNIS TOUHY, 40300 Calle Medusa, Temecula, opposed the recommendation for a double yellow centerline strip. DANA DEWITT, 40458 Calle Medusa, Temecula, stated that he felt the real problems were too many cars, speeding, passing and running stop signs. GAY LEWIS, 40457 Calle Medusa, Temecula, opposed the recommendation for a double yellow centerline strip. Ms. Lewis expressed a concern for the surrounding developments creating more traffic on Calle Medusa. ALLEN MASLOWSKI, 40409 Calle Medusa, Temecula, concurred with the recommendations by the Calle Medusa H.O.A. and suggested that the homeowner's meet with the police department and advise them of the hours of day which warrant traffic enforcement. SUSAN McANULLA, 30966 Riverton Lane, Temecula, opposed the widening of Riverton Lane and paving of Calle Girasol. Feels that the developer should pay to create a new arterial route. Ms. McAnulla suggested that Stop Signs be placed on Riverton Lane. MINDY MYERS, 40291 Calle Medusa, Temecula, strongly opposed the double yellow centerline strip. Strongly supports an arterial route which the developer should pay for. PAM TENNANT, 39942 Amberly Circle, Temecula, expressed a concern for the increase in traffic on Calle Girasol if it is paved. KEN LINDSAY, 31082 Riverton Lane, Temecula, recommended Stop Signs for Riverton Lane if paving is approved. PAUL VALENCIA, 40417 Yardley Court, Temecula, stated that the area needed a non-residential thoroughfare. Mr. Valencia recommended the extension of La Serena to Butterfield Stage Road. CHAIRMAN KNOX JOHNSON called a recess at 8:15 P.M. reconvened at 8:25 P.M. The meeting RON HENDERSON, 31832 Poole Court, Temecula, addressed the Commission about traffic concerns on La Serena at the barrier. CHAIRMANJOHNSON.advised Mr. Henderson that this public hearing TTMIN3/Z7/91 -3- APRIL 2, 1991 TRAFFIC AND TRANSPORTATION COMMISSION MINUTES MARCH 2?, 1991 was for the Calle Medusa recommendations and requested that staff place Mr. Henderson's concerns on the next agenda. CHAIRMAN KNOX JOHNSON closed the public discussion at 8:35 P.M. COMMISSIONER GUERRIERO advised the residents that safety was the foremost concern of the Commission. Commissioner Guerriero concurred that the maps need to be changed so that they do not show Calle Medusa as an arterial roadway. He also recommended that the Water District be contacted and have them close off their easement road to traffic. He added that the recommendations will be presented to the City Council. Commissioner Guerriero requested the City Attorney's opinion on forcing the developer to complete road improvements. Assistant City Attorney JOHN CAVANAUGH advised that compelling a builder to install roads after the fact is not legally possible. The only way to get the roads improved would be to condition maps coming up now to do the improvements or by creating an assessment district. COMMISSIONER ROBERTS stated that he concurs with the recommendation for a Stop Sign at Windsor Road and Calle Medusa. Commissioner Roberts opposed the recommendation for a double yellow centerline strip as well as the paving of Riverton Lane. He added that he supported the recommendation by the homeowners, that the City Engineers investigate the feasibility of extending Calle Chapos and Walcott Lane to La Serena Way. COMMISSIONER GODNICK concurred with Commissioner Roberts comments. COMMISSIONER SANDER stated that he felt the emphasis should be on finding an alternate arterial route to get residents to and from Nicolas Road and Rancho California Road. He concurred with recommendations 1, 3 and 4 by staff. CHAIRM~_N JOHNSON opposed the recommendation for a double yellow centerline strip on Calle Medusa. He also disagreed with the paving of Riverton Lane. Chairman Johnson requested that letters received from James L. Hess and Kathleen Eyserbeck be included in the minutes. COMMISSIONER ROBERTS moved to close the public hearing at 8:55 P.M. and Adopt staff's recommendation to 1) install a 4- way stop control at Calle Medusa and Kahwea Road/Windsor Road; 3) that the Traffic Commission encourage future land use TTMIN3/Z7/91 -4- APRIL 2, 1991 TRAFFIC AND TRANSPORTATION COMMISSION MINUTES MARCH 27, 1991 studies in the Calle Medusa vicinity to give careful consideration toward minimizing traffic impacts in the Calle Medusa corridor until alternative parallel roads can be developed; 4) that the Traffic Commission request the general plan study consultant to give special and specific consideration to the Calle Medusa Corridor during the Circulation Element Formulation Process; and 5) install full width pavement on Nicolas Road and Calle Girasol, deleting the full width pavement on Riverton Lane and direct the City Engineer's office to immediately investigate the feasibility of extending Calle Chapos and Walcott Lane to La Serena Way; and deleting recommendation No. 2) paint a double yellow centerline strip on the entire length of Calle Medusa, seconded by COMMISSIONER GUERRIERO. AYES: 5 COMMISSIONERS: Godnick, Guerriero, Roberts, Sander, Johnson NOES: 0 COMMISSIONERS: None COMMISSION REPORT cHAIRMAN JOHNSON stated that the Calle Medusa sub-committee met three times with the Calle Medusa homeowners and spent a considerable amount of time on putting together the recommendations that were presented, with special thanks to Commissioner Sander and Commissioner Guerriero. COMMISSIONER GUERRIERO added his thanks to staff for all their efforts. CHAIRMAN JOHNSON questioned when the speed zone survey would be available. MARK GREENWOOD stated that it would be placed on the April agenda. CHAIRMAN JOHNSON questioned when the problems on Avenida De La Reina would be addressed. MARK GREENWOOD stated that this item would also be on the April agenda. TTMIN3/Z7/91 -5- APRIL 2, 1991 TI~FFIC ~ TI~SPORT~TION COZ~ISalON HINUTE8 I~CH 27, ~99~ AD~OURI~ENT COMMISSIONER GODNICK moved to adjourn at 9:00 P.M., seconded by COMMISSIONER ROBERTS. The next regular meeting of the City of Temecula Traffic and Transportation Commission will be held Wednesday, April 24, 1991, 7:00 P.M., Temecula Unified School District, 31350 Rancho Vista Road, Temecula. Chairman, Knox Johnson Secretary TTMIN3/27/91 -6- APRIL 2, 1991 EXHIBIT 5 CALLE MEDUSA AREA MAP (Showing Easterly Alternative By-Pass to Calle Medusa) TRAFFIC\G14 NOt~Tt-I LEGEND Exlstin~ ~P~2&d NICOLAS leD. FUTURE At~TEf~IAL FII~FtUJAT CALLE ~IP.~50L t / I / ~ / N / / / c~u~cE"r u. rr' ,!/,~-~' \ I \ I \ I k....c~4. // \ \ \ To IB~ Paved Future I¢~,oa d ..... Exf~,tin~ Four-ma~ Stop 0 t=o~.-~ay S~op I CALLE Ct4,~P05 z EXNI~IT 5 CALLE MEDUSA AREA MAP ITEM NO. 13 APPROVALE~ CITY ATTORNEY FINANCE OFFIC CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Planning Department May 28. 1991 First Extension of Time Vesting Tentative Tract Map No. 23103 PREPARED BY: Richard Ayala R ECOMMEN DA T I ON: ADOPT Resolution 91- approving the First Extension of Time for Vesting Tentative Tract Map No. 23103 subject to the attached Conditions of Approval, based on the findings contained in the Staff Report. APPLICATION INFORMATION APPLICANT: Marlborough Development Corporation REPRESENTATIVE: Marlborough Development Corporation PROPOSAL: Vesting Tentative Tract Map No. 23103 is a proposal to subdivide approximately 29.2 acres into 18 single family residential lots averaging approximately 51,400 square feet (1.18 acre) with a minimum lot size of one acre. The subject site is located west of Butterfield Stage Road between La Serena Way and Rancho California Road. BACKGROUND: First Extension of Time application for Vesting Tentative Tract Map No. 23103 was submitted to the City on October 22, 1990. On April 1, 1991, it was presented to the City of Temecula Planning commission and was approved by a 4-0 vote based on the analysis and findings contained in the Staff Report and subject to the attached Conditions of Approval. A:VTM23103.CC 1 STAFF RECOMMENDATION: Planninq Department Staff recommends that the City Council: ADOPT Resolution 91 - approving the First Extension of Time for Vesting Tentative Tract Map No, 23103 subject to the attached Conditions of Approval. based on the findings contained in the Staff Report', RA:ks Attachments: Resolution Conditions of Approval Planning commission Staff Report (dated April 1. 1991) Development Fee Checklist Planning Commission Minutes (dated April 1, 1991) A: VTM23103, Cc 2 ATTACHMENT I RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FIRST EXTENSION OF TIME FOR VESTING TENTATIVE TRACT MAP 23103 A 18 LOT RESIDENTIAL SUBDIVISION OF 29.2 ACRES LOCATED WEST OF BUTTERFIELD STAGE ROAD BETWEEN LA SERENA WAY AND RANCHO CALIFORNIA ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 923-210-010. WHEREAS, Marlborough Development Corporation filed the Time Extension in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Time Extension application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Time Extension on April 15, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS. at the conclusion of the Commission hearing. the Commission recommended approval of said Time Extension. WHEREAS, the City Council conducted a public hearing pertaining to said Time Extension on May 28, 1991, at which time interested persons had opportunity to testify either in support or opposition to said Time Extension; and WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding the Time Extension; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findinqs. That the Temecula City Council hereby makes the following findings:-- A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. A:VTM23103.CC 1 (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a) There is a reasonable probability that the Time Extension proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Time Extension is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: (1) The City is proceeding in a timely fashion with a preparation of the general plan. (2) The City Council finds, in approving projects and taking other actions. including the issuance of building permits, pursuant to this title. each of the following: a) There is reasonable probability that the Time Extension proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. A:VTM23103.CC 2 c) The proposed use or action complies with all other applicable requirements of state law and local ordinances, D. (1) PursuanttoSection 18.30(c), no Time Extension may be approved unless the following findings can be made: a) The proposed use must conform to all the General Plan requirements and with all applicable requirements of state law and City ordinances. b) The proposed subdivision does not affect the general health, safety, and welfare of the public. (2) The City Council, in approving the proposed Time Extension, makes the following findings, to wit: a) There is a reasonable probability that this project will be consistent with the City's future General Plan. which will be completed in a reasonable time and in accordance with State law, due to the fact that the project is consistent with existing site development standards in that it proposes articulated design features and site amenities commensurate with existing and anticipated residential development standards. b) There is not a likely probability of substantial detriment to or interference with the future and adopted general plan. if the proposed use or action is ultimately inconsistent with the plan. due to the fact that the project is in conformance with existing and anticipated land use and design guidelines standards, c) The proposed use or action complies with state planning and zoning laws. due to the fact that the proposed use conforms with those uses listed as "allowed" within the project site's existing Specific Plan No, 199 (Low Density Family Housing) land use designation, d) The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, circulation patterns, access, and density. due to the fact that; adequate area is provided for all A: VTM23103. CC 3 proposed residential structures; adequate landscaping is provided along the project's public and private frontages; and the internal circulation plan should not create traffic conflicts as design provisions are in conformance with adopted City standards. The project as designed and conditioned will not adversely affect the public health or welfare, due to the fact that the conditions stated in the approval are based on mitigation measures necessary to reduce or eliminate potential adverse impacts of the project. Vesting Tentative Tract Map No. 23103 is compatible with surrounding land uses. The harmony in scale, bulk, height, density and coverage creates a compatible physical relationship with adjoining properties, due to the fact that the proposal is similar in compatibility with surrounding land uses; and adequate area and design features provide for siting of proposed development in terms of landscaping and internal traffic circulation. The proposal will not have an adverse effect on surrounding property because it does not represent a significant change to the present or planned land use of the area, due to the fact that the proposed project is consistent with the current zoning of the subject site (Specific Plan No. 1991, and also consistent with the adopted Southwest Area Community Plan ~SWAPI designation of Specific Plan. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the Negative Declaration adopted by the County for the project, due to the fact that impact mitigation is realized by conformance with the project's Conditions of Approval. The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic, due to the fact that the project currently proposes an independent access point from Butterfield Stage Road which has been determined to be adequate by the City Engineer. A: VTM23103. CC 4 j) The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed projects, due to the fact that this is clearly represented in the site plan and the project analysis. kl That said findings are supported by minutes, maps, exhibits and environmental documents associated with these applicants and herein incorporated by reference, due to the fact that they are referenced in the attached Staff Report, Exhibits, Environmental Assessment, and Conditions of Approval. E. As conditioned pursuant toSECTION 2, the Time Extension proposed conforms to the logical development of its proposed site, and is compatible with the present and future development of the surrounding property. SECTION 2. Conditions. That the City of Temecula City Council hereby approves The First Extension of Time for Vesting Tentative Tract Map 23103 for a 18 lot residential subdivision of 29.2 acres located west of Butterfield Stage Road between La Serena Way and Rancho California Road and known as Assessor's Parcel No. 923-210-010 subject to the following conditions: A. Attachment I1,. attached hereto. SECTION 3. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 28th day of May. 1991. RONALD J. PARKS MAYOR A:VTM23103.CC 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the ;~Sth day of May, 1991 by the following vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS JUNE S. GREEK CITY CLERK A: VTM23103.CC 6 ATTACHMENT II CITY OF TEMECULA ADDITIONAL CONDITIONS OF APPROVAL Vesting Tentative Tract Map No. 23103 Commission Approval Date: Expiration Date: Planninq Department Unless previously paid, prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. The subdivider shall submit to the Planning Director verification that Section 10,35 of Ordinance No, 460 has been satisfied regarding payment of parks and recreation fees in accordance with Section 10.35 of Ordinance No, 460, Verification shall be submitted prior to issuance of any certificate of occupancy. No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer's successor's-in-interest provides evidence of compliance with public facility financing measures, A cash sum of one-hundred dollars ($100) per lot/unit shall be deposited with the City as mitigation for public library development, This conditionally approved Extension of Time for Vesting Tentative Tract Map No, 23103 will expire one (1) year after the original expiration date. unless extended as provided by Ordinance 460. The expiration date is November 8, 1991. The subdivider shall comply with the original Conditions of Approval for Tentative Tract Map No. 23102 (see attached) except as amended herein. Enqineerinq Department The following are the Engineering Department Conditions of Approval for this project. and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the Engineering Department, STAFFRPT\VTM23103 1 It is understood that the Developer correctly shows all existing easements, traveled ways, and drainage courses, and their omission may require the project to be resubmitted for further consideration. The Developer shall comply with the State of California Subdivision Map Act. and all applicable City Ordinances and Resolutions. The final map shall be prepared by a licensed land surveyor or registered Civil Engineer, subject to all the requirements of the State of California Subdivision Map Act and Ordinance No. 460. Submit letter from adjacent property owner that the proposed drainage on their property is acceptable to them. PRIOR TO RECORDATION OF THE FINAL MAP: As deemed necessary by the City Engineer or his representative the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Department; Engineering Department; Riverside County Health Department; CATV Franchise; and Parks and Recreation Department. 10. All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the City Engineer. 11. Vehicular access shall be restricted on Butterfield Road and so noted on the final map. 12. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the City Engineer. 13. A declaration of Covenants, Conditions and Restrictions (CC&R's) shall be prepared by the developer and submitted to the Director of Planning, City Engineer and City Attorney. The CC&R's shall be signed and acknowledged by all parties having any record title interest in the property to be developed, shall make the City a party thereto, and shall be enforceable by the City. The CCSR's shall be reviewed and approved by the City and recorded. The CC&R's shall be subject to the following conditions: STAFFRPT\VTM23103 2 14. ee fe The CC&R's shall be prepared at the developer's sole cost and expense. The CC&R's shall be in the form and content approved by the Director of Planning, City Engineer and the City Attorney, and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interest of the City and its residents. The CC&R's and Articles of Incorporation of the Property Owner's Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. The CC&R's shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas and facilities. The CC&R's shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. The CC&R's shall provide that if the property is not maintained in the condition required by the CC&R's, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&R's or the City ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. i. The declaration shall contain language prohibiting further subdivision of any lots, whether they are lettered lots or numbered lots. ii. All parkways, open areas, and landscaping shall be permanently maintained by homeowner's association or other means acceptable to the City. Such proof of this maintenance shall be submitted to the Planning and Engineering Divisions prior to issuance of building permits. The developer, or the developer's successor, shall execute a current Public Facilities Agreement with the City of Temecula which provides for the payment of the sum of money per residential unit then established by Resolution of the City Council, prior to the issuance of any building permits for any individual lots. 15. The subdivider shall construct or post security and an agreement shall be executed guaranteeing the construction of the following public improvements in conformance with applicable City standards. Street improvements, including, but not limited to: pavement, curb and gutter, medians, sidewalks, drive approaches, street lights, STAFFRPT\VTM~Z3103 3 16. 17. 18. 19. signing, striping, traffic signal systems, and other traffic control devices as appropriate. b. Storm drain facilities. c. Landscaping (street and parks). d. Sewer and domestic water systems. e. Undergrounding of existing and proposed utility distribution lines. The street design and improvement concept of this project shall be coordinated with adjoining developments. Street lights shall be provided along streets adjoining the subject site in accordance with the standards of Ordinance No. 461 and as approved by the City Engineer. Prior to recordation of the final map, the developer shall deposit with the Engineering Department a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. A minimum centerline street grade shall be 0.50 percent. 20. 21. 22. 23. 24. All driveways shall be located a minimum of two (2) feet from the property line. The subdivider shall submit four prints of a comprehensive grading plan to the Engineering Department. The plan shall comply with the Uniform Building Code, Chapter 70, and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 24" x 36" mylar by a Registered Civil Engineer. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check, The subdivider shall submit four copies of a soils report to the Engineering Department. The report shall address the soils stability and geological conditions of the site. A drainage study shall be submitted to and approved by the City Engineer. All drainage facilities shall be installed as required by the City Engineer, STAFFRPT\VTM23103 4 25. On-site drainage facilities, located outside of road right-of-way, shall be contained within drainage easements shown on the final map. A note shall be added to the final map stating "Drainage easements shall be kept free of buildings and obstructions." 26. A copy of the improvement plans, grading plans and final map, along with supporting hydrologic and hydraulic calculations should be submitted to the Riverside County Flood Control District for review. 27. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 28. Prior to final map, the subdivider shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. PRIOR TO ISSUANCE OF GRADING PERMITS: 29. Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the City Engineer's Office. 30. A grading permit shall be obtained from the Engineering Department prior to commencement of any grading outside of the City-maintained road right-of- way. 31. 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 charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already credited to this property, no new charge needs to be paid. PRIOR TO BUILDING PERMIT: 32. A precise grading plan shall be submitted to the Engineering Department for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soil Engineer shall issue a Final Soils Report addressing compaction and site conditions. 33. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 34. Construct full street improvements including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on all interior public streets. STAFFRPT\VTM23103 5 35. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. 36. Asphaltic emulsion (fog seal) shall be applied not less than 14 days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section Nos. 37. 39, and 94 of the State Standard Specifications. 37. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project. in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which Developer requests its building permits for the project or any phase thereof. the Developer shall execute the Agreement for Payment of Public Facility Fee, a copy of which has been provided to Developer. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. Transportation Enqineerinq PRIOR TO RECORDATION OF THE FINAL MAP: 38. A signing plan shall be designed by a registered Civil Engineer and approved by the City Engineer for Chenin Clinet and Placer Loudeaonne and shall be included in the street improvement plans. 39. Condition No. 7 in the County of Riverside Road letter dated July 22, 1988 shall be deleted. 40. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. 41. Condition No. 28 in the County of Riverside Road letter dated July 22, 1988 shall be modified to read: A signing and striping plan shall be designed by a registered Civil Engineer and approved by the City Engineer for Butterfield Stage Road and shall be included with the street improvement plans. PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: 42. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the City Engineer. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 43. All signing and striping shall be installed per the approved signing and striping plans. STAFFRPT\VTM23103 6 Buildinq & Safety Department Submit approved tract map to the Department of Building and Safety for addressing prior to submittal for Structural Plan Review. 45. Obtain land Use and Building Department clearances. 46. School fees shall be paid to Temecula Unified School District. STAFFI~PT\VTM23103 7 ATTACHMENT I II STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION April 15, 1991 Case No.: First Extension of Time for Vesting Tentative Tract Map No. 23103 Prepared By: Richard Ayala Recommendation: ADOPT Resolution 91- recommending approval of the First Extension of Time for Vesting Tentative Tract Map No. 23103 subject to the attached Conditions of Approval, based on the Findings contained in the Staff Report APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: PROPOSAL: LOCATION: EXISTING ZONING: SURROUNDING ZONING: PROPOSED ZONING: EXISTING LAND USE: Marlborough Development Corporation Marlborough Development Corporation First Extension of Time West of Butterfield Stage Road between La Serena Way and Rancho California Road. Specific Plan No. 199 (Margarita Village) North: R-T (Mobile Home Subdivision and Mobile Home Park) South: SP (Specific Plan No. 199, Margarita Village) East: A-1-10 ( Light Agriculture 10 Acres Minimum ) West: SP (Specific Plan No. 199, Margarita Village) Not requested. Vacant ( Rough Graded) STAFFR PT\VTM23103 1 SURROUNDING LAND USES: PROJECT STATISTICS: BACKGROUND: PROJECT DESCRIPTION: ANALYSIS: North: Vacant South: Single Family Residential East: Agriculture West: Vacant Total Acreage: Total Lots Proposed: Proposed Density: Proposed Minimum Lot Size: 29.2 acres 18 lots 0.6 DU/AC 1.0 acre Vesting Tentative Tract Map No. 23103 was recommended for approval on September 28, 1988 by the Riverside County Planning Commission in conjunction with Tract Nos. 23100 Amd. No. 1; 23101; and 23102 Amd. No. 1. All four tracts implement Village B of the Margarita Village Specific Plan (SP 199 Amd. No. 1) which was previously approved by the Board of Supervisors on September 13, 1988. Subsequently all four tracts (23100 Amd. 1, 23101, 23102, and 23103 Amd. 1) were approved by the County Board of Supervisors on November 8, 1988. Vesting Tentative Tract Map No. 23103 is a proposal to subdivide approximately 29.2 acres into 18 single family residential lots averaging approximately 51,400 square feet (1.18 acre) with a minimum lot size of one acre. The subject site is located west of Butterfield Stage Road between La Serena Way and Rancho California Road. Desiqn Considerations The proposed subdivision has been designed in accordance with the standards of Ordinance Nos. 348, 460 and Specific Plan No. 199. The main access to the project is Butterfield Stage Road. The project has been designed to provide increased land use and circulation efficiency. Density The proposed subdivision (Vesting Tentative Tract Map No. 23103) is consistent with the Density Designation for Specific Plan No. 199 of .4-2 DU/AC. The actual proposed subdivision density is 0.6 DU/AC. STAFFRPT\VTM23103 2 GENERAL PLAN AND SWAP CONSISTENCY: ENVIRONMENTAL DETERMINATION: FINDINGS: Gradinq The subject site has been partially rough graded and yet needs to be fine graded. The proposed subdivision will entail approximately 95,000 cubic yards of raw cut and approximately 210,000 cubic yards of raw fill which will be imported from Tract 23100. The finished grading will be consistent with adjacent existing residential developments. The proposed density of 0.6 DU/AC is consistent with the Southwest Area Community Plan and Specific Plan No. 199 (Margarita Village). In addition. Staff finds it probable that this project will be consistent with the new General Plan when it is adopted. Environmental Assessments have been prepared on all four tracts (23100 Amd. No. 1. 23101, 23102, 23103 Amd. No. 1). Environmental impacts were assessed in EIR No. 107 and EIR No. 202 prepared for the Rancho Village Specific Plan and the Margarita Village Specific Plan. Additional environmental evaluations have been provided by the reports prepared for the specific plan amendment and the acoustical studies prepared for three tracts. No significant environmental impacts have been found. Therefore, Staff is not requesting any further environmental determination. There is a reasonable probability that this project will be consistent with the City's future General Plan. which will be completed in a reasonable time and in accordance with State law, due to the fact that the project is consistent with existing site development standards in that it proposes articulated design features and site amenities commensurate with existing and anticipated residential development standards. There is not a likely probability of substantial detriment to or interference with the future and adopted general plan. if the proposed use or action is ultimately inconsistent with the plan, due to the fact that the project is ~n conformance with STAFFRPT\VTM23103 3 e existing and anticipated land use and design guidelines standards. The proposed use or action complies with state planning and zoning laws. due to the fact that the proposed use conforms with those uses listed as "allowed" within the project site's existing Specific Plan No, 199 (Low Density Family Housing) land use designation, The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration. circulation patterns. access, and density. due to the fact that; adequate area is provided for all proposed residential structures; adequate landscaping is provided along the project's public and private frontages; and the internal circulation plan should not create traffic conflicts as design provisions are in conformance with adopted City standards. The project as designed and conditioned will not adversely affect the public health or welfare, due to the fact that the conditions stated in the approval are based on mitigation measures necessary to reduce or eliminate potential adverse impacts of the project. Vesting Tentative Tract Map No, 23103 is compatible with surrounding land uses. The harmony in scale. bulk. height. density and coverage creates a compatible physical relationship with adjoining properties. due to the fact that the proposal is similar in compatibility with surrounding land uses; and adequate area and design features provide for siting of proposed development in terms of landscaping and internal traffic circulation, The proposal will not have an adverse effect on surrounding property because it does not represent a significant change to the present or planned land use of the area. due to the fact that the proposed project is consistent with the current zoning of the subject site ISpecific Plan No. 199), and also consistent STAFFRPT\VTM23103 4 STAFF RECOMMENDATION: RA:ks Attachments: 10. with the adopted Southwest Area Community Plan (SWAP) designation of Specific Plan. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the Negative Declaration adopted by the County for the project, due to the fact that impact mitigation is realized by conformance with the project's Conditions of Approval. The project has acceptable access to a dedicated right-of-way which is open to, and useable by, vehicular traffic, due to the fact that the project currently proposes an independent access point from Butterfield Stage Road which has been determined to be adequate by the City Engineer. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed projects, due to the fact that this is clearly represented in the site plan and the project analysis. 11. That said findings are supported by minutes, maps, exhibits and environmental documents associated with these applicants and herein incorporated by reference, due to the fact that they are referenced in the attached Staff Report, Exhibits, Environmental Assessment, and Conditions of Approval. Planning Department Staff recommends that the Planning Commission: ADOPT Resolution 91- recommending approval of the First Extension of Time for Vesting Tentative Tract Map No. 23103 subject to the attached Conditions of Approval. based on the findings contained in the Staff Report. Resolution 91- Conditions of Approval Exhibits A. Site Plan STAFFRPT\VTM23103 5 ATTACHMENT 1 RESOLUTION NO. 91- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF FIRST EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 23103 TO SUBDIVIDE A 29.2 ACRE PARCEL INTO 18 SINGLE FAMILY RESIDENTIAL LOTS LOCATED WEST OF BUTTERFIELD STAGE ROAD BETWEEN LA SERENA WAY AND RANCHO CALIFORNIA ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 923-210-010. WHEREAS, Marlborough Development Corporation filed a Extension of Time in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Extension of Time application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Tentative Tract Map on April 15, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing. the Commission recommended approval of said Extension of Time; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findinqs. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: STAFFRPT\VTM23103 6 ia) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. Ic) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Extension of Time is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code. to wit: (1) The city is proceeding in a timely fashion with a preparation of' the general plan, (2) The Planning Commission finds, in recommending approval of projects and taking other actions, includin9 the issuance of building permits, pursuant to this title, each of the following: {a) There is reasonable probability that First Extension of Time for Vesting Tentative Tract Map No, 23103 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time, lb) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan, STAFFR PT\VTM23103 7 The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. (1) Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision or extension of time may be approved unless the following findings are made: a) That the proposed land division is consistent with applicable general and specific plans. b) That the design or improvement of the proposed land division is consistent with applicable general and specific plans. c) That the site of the proposed land division is physically suitable for the type of development. d) That the site of the proposed land division is physically suitable for the proposed density of the development. e) That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. f) That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. g) That the design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. (2) The Planning Commission in recommending approval of the proposed Extension of Time makes the following findings, to wit: STAFF R PT\VTM23103 8 a) b) c) d) e) There is a reasonable probability that this project will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law, due to the fact that the project is consistent with existing site development standards in that it proposes articulated design features and site amenities commensurate with existing and anticipated residential development standards. There is not a likely probability of substantial detriment to or interference with the future and adopted general plan, if the proposed use or action ~s ultimately inconsistent with the plan, due to the fact that the project is in conformance with existing and anticipated land use and design guidelines standards. The proposed use or action complies with state planning and zoning laws, due to the fact that the proposed use conforms with those uses listed as "allowed" within the project site's existing Specific Plan No. 199 ILow Density Family Housing) land use designation, The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, circulation patterns. access, and density. due to the fact that; adequate area is provided for all proposed residential structures; adequate landscaping is provided along the project's public and private frontages; and the internal circulation plan should not create traffic conflicts as design provisions are in conformance with adopted City standards. The project as designed and conditioned will not adversely affect the public health or welfare. due to the fact that the conditions stated in the approval are based on mitigation measures necessary to reduce or eliminate potential adverse impacts of the project. STAFFRPT\VTM23103 9 f) g) h) j) Vesting Tentative Tract Map No. 23103 is compatible with surrounding land uses. The harmony in scale, bulk, height, density and coverage creates a compatible physical relationship with adjoining properties. due to the fact that the proposal is similar in compatibility with surrounding land uses; and adequate area and design features provide for siting of proposed development in terms of landscaping and internal traffic circulation. The proposal will not have an adverse effect on surrounding property because it does not represent a significant change to the present or planned land use of the area. due to the fact that the proposed project is consistent with the current zoning of the subject site (Specific Plan No. 199). and also consistent with the adopted Southwest Area Community Plan (SWAP) designation of Specific Plan, The project as designed and conditioned will not adversely affect the built or natural environment as determined in the Negative Declaration adopted by the County for the project. due to the fact that impact mitigation is realized by conformance with the project's Conditions of Approval, The project has acceptable access to a dedicated right-of-way which is open to. and useable by. vehicular traffic. due to the fact that the project currently proposes an independent access point from Butterfield Stage Road which has been determined to be adequate by the City Engineer, The design of the subdivision. the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed projects, due to the fact that this is clearly represented in the site plan and the project analysis. STAFF R PT\VTM23103 10 k) That said findings are supported by minutes, maps, exhibits and environmental documents associated with these applicants and herein incorporated by reference, due to the fact that they are referenced in the attached Staff Report, Exhibits, Environmental Assessment, and Conditions of Approval. E. As conditioned pursuant to SECTION 3, the Tentative Tract Map is compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. That the City of Temecula Planning Commission hereby determines that the previous Environmental Determination (Adoption of Negative Declaration for Environmental Assessment No. 32535) still applies to said tract map. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in EIR Nos. 107 and 202 and in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted. SECTION 3. Conditions. That the City of Temecula Planning Commission hereby recommends approval for the First Extension of Time for Vesting Tentative Tract Map No. 23103 for the subdivision of a 29.2 acre parcel into 18 single family residential lots located west of Butterfield Stage Road between La Serena Way and Rancho California Road and known as Assessor's Parcel No. 923-210-010 subject to the following conditions: A. Exhibit A, attached hereto. SECTION 4. PASSED, APPROVED AND ADOPTED this 15th day of April, 1991. DENNIS CHINIAEFF CHAI RMAN STAFFRPT\VTM23103 11 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof. held on the 15th day of April, 1991 by the following vote of the Commission: AYES: PLANNING COMMISSIONERS NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS STA FFR PT\VTM23103 12 CASE NO.: ATTACHMENT IV CITY OF TEMECULA DEVELOPMENT FEE CHECKLIST First Extension of Time For Vestincl Tentative Tract Map No. 23103 The following fees were reviewed by Staff relative to their applicability to this project. Fee Habitat Conservation Plan (K-Rat) Parks and Recreation ( Quimby ) Public Facility ( Traffic Mitigation ) Public Facility ( Traffic Signal Mitigation ) Public Facility ( Library ) Fire Protection Flood Control (ADP) Condition of Approval Condition No. 1 Condition No. 2 Condition No. 37 Condition No. 18 Condition No. 3 Letter Dated 9/20/88 Condition No. 31 A:VTM23103.CC ITEM NO. 14 APPROVAL ~ FINANCE OFFICER CITY MANAGER r~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager City Clerk May 28, 1991 Ordinance Adopting by Reference the National Electrical Code, 1990 Edition, Including the Appendix Thereto, with Certain Amendments and the Uniform Administrative Code Provisions for the National Electrical Codes. RECOMMENDATION: 1. Adopt an ordinance entitled: ORDINANCE NO. 91- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADOPTING BY REFERENCE THE NATIONAL ELECTRICAL CODE, 1990 EDITION, INCLUDING THE APPENDIX THERETO, WITH CERTAIN AMENDMENTS AND THE UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRICAL CODES, 1990 EDITION WITH CERTAIN AMENDMENTS. 2. Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SETTING FORTH THE LOCAL CONDITIONS UPON WHICH A DETERMINATION HAS BEEN MADE BY THE CITY COUNCIL THAT MODIFICATIONS TO THE 1990 EDITION OF THE NATIONAL ELECTRICAL CODE ARE REASONABL Y REQUIRED BY LOCAL CONDITIONS WITHIN THE CITY OF TEMECULA DISCUSSION: This matter is continued from the meeting of May 14, 1991. The staff report prepared for that meeting is attached. JSG APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Anthony Elmo, Chief Building Official May 14, 1991 Consideration of Adoption of the National Electrical Code, 1990 Edition, Including the Appendix Thereto, With Certain Amendments and the Uniform Administrative Code Provisions for the National Electrical Code, 1990 Edition, with Certain Amendments Thereto Recommendation: It is recommended that the City Council hold a public hearing and approve the second reading of the attached ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADOPTING BY REFERENCE THE NATIONAL ELECTRICAL CODE. 1990 EDITION, INCLUDING THE APPENDIX THERETO, WITH CERTAIN AMENDMENTS AND THE UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRICAL CODES, 1990 EDITION WITH CERTAIN AMENDMENTS" It is also recommended that the City Council adopt the attached resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SETTING FORTH THE LOCAL CONDITIONS UPON WHICH A DETERMINATION HAS BEEN MADE BY THE CITY COUNCIL THAT MODIFICATIONS TO THE 1990 EDITION OF THE NATIONAL ELECTRICAL CODE ARE REASONABLY REQUIRED BY LOCAL CONDITIONS WITHIN THE CITY OF TEMECULA." Discussion: Modifications made by the City to the State adopted electrical code are generally based on local conditions and can only be major or administrative in nature. An example of a proposed modification is the restriction of the size of aluminum conductors permitted to be used. Smaller gauge aluminum wire has been found to be the cause of fires in residential buildings. Another, which is administrative in nature, is proposed to limit only California State Licensed Contractors to do electrical work in commercial construction whether new construction or remodel. This modification is a response to the complexity of systems and the life safety provisions generally found in commercial construction. ORDINANCE NO. 91-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADOPTING BY REFERENCE THE NATIONAL ELECTRICAL CODE, 1990 EDITION, INCLUDING THE APPENDIX THERETO, WITH CERTAIN AMENDMENTS AND THE UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRICAL CODES, 1990 EDITION WITH CERTAIN AMENDMENTS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Adoption of the National Electrical Code. There is hereby adopted by reference, as the Electrical Code of the City of Temecula, the National Electrical Code, 1990 edition, including the appendix thereto, and the Uniform Administrative Code Provisions for the National Electrical Code, 1990 Edition, as amended by Section 2 of this ordinance, three (3) copies of which are on file in the Office of the City Clerk. SECTION 2. Amendments. The following amendments are made to the National Electrical Code. 1990 edition, as adopted by this ordinance: 1. Section 110-5 is hereby amended by adding the following: Notwithstanding any provision or provisions to the contrary, no aluminum conductors smaller than #6 A.W.G. shall be used. 2. Section 210-1 is hereby amended by adding the following: Accessory uses or other buildings, signs, etc., separately located on the same lot or premises, shall have connecting conductors run underground. (Agricultural areas excepted.) Where spare circuit protective devices are provided or space for future circuit protective devices are provided on the bus in any flush or semi-flush mounted panel, then raceways of sufficient capacity to permit utilization of such space or spaces shall be provided to an approved accessible location. Such accessible location is normally described as follows: Where sufficient attic space is available or underfloor space is available, a raceway shall terminate conveniently for future use in each such space. Where this condition does not exist or other factors govern, then such terminations shall be approved by the Building Official. 3. Section 336-3 is hereby amended to read as follows: 3/Orda 91-19 -1- Section 336-3 Uses Permitted. Non-metallic sheathed cable shall not be used for exposed wiring, except as provided in Section 336-10 Co), and shall only be used in one and two family dwellings or multi-family dwellings (apartment houses) not exceeding three(3) floors above grade. 4. Section 350-2 is hereby amended by adding the following: (7) Where exposed to physical damage. The following amendments are made to the Uniform Administrative Code provisions for the National Electrical Code, 1990, edition. 5. Section 2-2 is hereby amended by adding the following: All industrial, commercial, and residential electrical installations within the governmental jurisdiction covered by this Code, shall be in conformity with the provisions of this Code, all applicable State laws, and in accordance with the National Fire Protective Association standards for safety to life and property. Listing or labeling as conforming to the standards of Underwriters Laboratories, Inc., as approved by the United States Bureau of Mines, the American Standards Association, the United States Bureau of Standards, or other similar institutions of nationally recognized standing, shall be prima facie evidence of conformity with approved standards of safety to life and property. 6. Section 301(a) is hereby amended by adding the following: Permits may be issued only to a person, firm, or corporation licensed by the State of California in the classification authorized to perform the work and subject to the conditions and limitations of such classification, or to an owner to do any work regulated by the sections of this code pertaining to electricity in a single family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters in connection with such buildings, provided that such person is the bonafide owner of any such dwelling and accessory buildings and quarters; that the same are occupied by or designed to be occupied by said owner; and that said owner is determined by the Building Official to be qualified and shall personally perform all labor in connection therewith. 7. Section 301(c) is hereby amended by adding the following: All electrical, telephone, C.A.T.V. and similar service wires or cables, carrying below 34 K.V. capacity, which provide direct service to the property being developed, shall, within the exterior boundary lines of such property, be installed underground. Risers on existing poles and buildings are permitted and shall be provided by the developer or owner onto the pole which provides service to said property. Utility service poles may be placed on the rear of the property to be developed only for the purpose of terminating underground facilities. The developer or owner is responsible for complying with the requirements of the utility companies 3/Ords 91-19 -2- for the installation of such facilities. For the purpose of this section, appurtenances and associated equipment such as, but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts in an underground systems, may be placed above ground. The City Council may, but is not obligated to, waive the requirements of this Section if topography, soil, or any other conditions made such underground installation impossible or impractical. 8. Section 303(a) is hereby amended by adding the following: In lieu of an individual permit for each installation or alternation, a monthly permit may, upon application thereof, be issued to any person, firm, or corporation regularly employing one or more qualified electricians for the installation, alteration, and maintenance of electrical equipment in or on buildings or premises owned or occupied by the applicant for the permit. The application for this permit shall be made in writing to the Building Official and shall contain a description of the premises on which the work is to be done under the permit. Not later than fifteen (15) days following the end of each calendar month, the person, firm or corporation to which a monthly permit is issued shall transmit to the Building Official a written report of all electrical work which has been done under the permit during the preceding month. The person, firm or corporation to which a monthly permit is issued shall keep a record of all electrical equipment installed under said permit, and the Building Official shall have access to such records for purposes of inspection and examination. SECTION 3. Severability. 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. SECTION 4. City Clerk. The City Clerk shall certify to the adoption of the Ordinance and cause it to be posted in at least three public places in the City.] PASSED, APPROVED AND ADOPTED this 14th day of May, 1991. Ronald J. Parks, Mayor ATTEST: June S. Greek, City Clerk 3/Ords 91-19 -3- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 91-19 was duly introduced and placed upon its first reading at a regular meeting of the City Councilon the 23rd day of April and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 14th day of May, 1991, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, City Clerk 3lOrds 91-19 4- RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SETTING FORTH THE LOCAL CONDITIONS UPON WHICH A DETERMINATION HAS BEEN MADE BY THE CITY COUNCIL THAT MODIFICATIONS TO THE 1990 EDITION OF THE NATIONAL ELECTRICAL CODE ARE REASONABLY REQUIRED BY LOCAL CONDITIONS WITHIN THE CITY OF TEMECULA WHEREAS, Health and Safety Code Section 17922 requires the City of Temecula to adopt the most current edition of the National Electrical Code; WHEREAS, Health and Safety Code Section 17958.5 provides for the City Council to make changes or modifications in the most current edition of the National Electrical Code as may be reasonably necessary because of certain local conditions; and WHEREAS, the Building Official of the City of Temecula has determined and recommended that based upon certain local conditions within the City of Temecula the modifications to the 1990 edition of the National Electrical Code contained in Ordinance No. 91- are reasonably required to the adopted by the City of Temecula; and WHEREAS, Health and Safety Code Section 27958.7 requires th City Council to make express findings fo the necessity for modifications in the most current edition of the National Electrical Code; and, WHEREAS, it is appropriate to describe the specific local conditions upon which each said modification is based. NOW, THERFORE, BE IT RESOLVED by the City Council of the City of Temecula that the following amendments and modifications to the 1990 edition of the National Electrical Code contained in Ordinance No. 91- are hereby found to be reasonably necesasary due to consideralton of specific local climatic, geological or topographical conditions as follows: 1. Amendment to Section 210-1 is provided to enable additional branch circuits to be added to an existing panel eliminating the need for unauthorized modification to a listed flush or semi-flush meter panel and/or structural modification of the building in order to add additional branch circuits. 2. Amendment to Section 336-3 complies with provisions of the California State Administrative Code, Title 24, Part 5. 3. Amendment to Section 350-2 is provided to protect the exposed use of flexible metal conduit where damage may cause interruption of its bonding capabilities. 3/Re,os 175 -1- 4. All other amendments to the 1990 National Electrical Code are strictly administrative in nature. PASSED, APPROVED AND ADOPTED, this 28th day of May, 1991. ATTEST: Ronald J. Parks, Mayor June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 91- was duly adopted at a regular meeting of the City Council of The City of Temecula on the 28th day of May, 1991, by the following roll call vote. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, City Clerk 3/Resos 175 -2- ITEM NO. 15 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager City Clerk May 28, 1991 Ambient Air Balloon Ordinance APPROVAL CITY ATTORNEY FINANCE OFFICER.~~ RECOMMENDATION: 1. Adopt an ordinance entitled: ORDINANCE NO. 91- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF ORDINANCE NO. 90-04 PERTAINING TO ADVERTISING REGULATIONS AND ESTABLISHING REGULATIONS FOR THE USE OF AMBIENT AIR BALL OONS AND 0 THER SIMILAR INFLA TABLES. DISCUSSION: This matter is continued from the meeting of May 14, 1991. The staff report prepared for that meeting is attached. JSG CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Planning Department May 14, 1991 Ambient Air Balloon Ordinance PREPARED BY: RECOMMENDAT ION: Oliver Mujica 1. ADOPT Ordinance No. 91- entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF ORDINANCE NO. 90-04 PERTAINING TO ADVERTISING REGULATIONSAND ESTABLISHING REGULATIONS FOR THE USE OF AMBIENT AIR BALLOONS AND OTHER SIMILAR INFLATABLES." APPLICATION INFORMATION APPLICANT: REPRESENTATIVE: LOCATION: BACKGROUND: City of Temecula An Ordinance establishing regulations for the use of Ambient Air Balloons and other similar inflatables, City Wide On June 26, 1990, the City Council directed the Planning Department Staff to prepare an Ordinance establishing regulations for the use of Ambient Air Balloons and other similar inflatables, which shall include the time limit to read not to exceed fifteen (15) days of use within a ninety ~90) day period. This direction was based on a proposal by the Temecula Commerce Committee requesting that Ordinance No. 348 be amended to include advertising sign regulations for ambient air balloons, since temporary signs are not specifically mentioned except for political signs, subdivision A:AIRORD.cC 1 STAFF RECOMMENDATION: OM:ks Attachments: o signs and For-Sale signs, which are allowed under limited conditions. Pursuant to the direction of the City Council, the City Attorney has prepared the attached ordinance, which includes: A maximum size of 1,500 square feet (as measured at the cross section of the balloon used); a maximum height of 30 feet (as measured from the point of anchor to the highest portion of the balloon ); and a time period not to exceed fifteen (15) days within any ninety (90) day period. In addition, a thirty (30) day permit may be issued by the City during the month of the Temecula Annual Balloon and Wine Festival. On April 15, 1991, the Planning Commission considered this item and forwarded a recommendation of approval by a vote of 4-0-1 (with Commissioner Hoagland absent). Subsequent to the Planning Commission meeting, the City Attorney and the Code Enforcement Officer re- examined Section 9, which provides for summary removal of illegal balloons without notice, hearing, or a search warrant for entering private property. This provision was included in the Temecula Commerce Committee proposal, but is of doubtful legality. Consequently, it is recommended that the ordinance be adopted without Section 9. The Planning Department Staff recommends that the City Council: 1. ADOPT Ordinance No. 91- entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF ORDINANCE NO. 90-04 PERTAINING TO ADVERTISING REGULATIONS AND ESTABLISHING REGULATIONS FOR THE USE OF AMBIENT AIR BALLOONS AND OTHER SIMILAR INFLATABLES." Ordinance No. 91- Planning Commission Staff Report (dated April 15, 1991) Planning Commission Minutes (dated April 15, 1991) A:AIRORD.CC 2 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION April 15. 1991 Case No.: Ambient Air Balloon Ordinance Recommendation: Prepared By: Oliver Mujica 1. ADOPT Resolution No. P.C. 91- recommending adoption of the Ambient Air Balloon Ordinance. APPLICATION INFORMATION APPLICANT: PROPOSAL: LOCATION: BACKGROUND: ANALYSIS: City of Temecula An Ordinance establishing regulations for the use of Ambient Air Balloons and other similar inflatables. City Wide On June 26, 1990, the City Council directed the Planning Department Staff to prepare an Ordinance establishing regulations for the use of Ambient Air Balloons and other similar inflatables, which shall include the time limit to read not to exceed fifteen (15) consecutive days of use within a ninety (90) day period. This direction was based on a proposal by the Temecula Commerce Committee requesting that Ordinance No, 348 be amended to include advertising sign regulations for ambient air balloons. Ordinance No. 348 currently has the following advertising regulations: Section 19.3(b) ( 1 ) ..."No outdoor advertising display shall be placed or erected until a permit therefore has been issued..." A:AirOrd. -1- CONCLUSION: ENVIRONMENTAL DETERMINATION: FINDINGS: Section 19.4(b)(1) "No on-site advertising sign shall be affixed on, above or over the roof of any building, and no on- site advertising sign shall be affixed to the wall of a building so that it projects above the parapet of the building." Temporary signs are not specifically mentioned except for political signs, subdivision signs and For-Sale signs. which are allowed under limited conditions. Pursuant to the direction of the City Council, the City Attorney has prepared the attached ordinance, which includes: A maximum size of 1,500 square feet (as measured at the cross section of the balloon used); a maximum height of 30 feet Jas measured from the point of anchor to the highest portion of the balloon); and a time period not to exceed fifteen (15) consecutive calendar days within any ninety 190) consecutive calendar day period. The project is exempt from CEQA under Section 15061 (b) (3). This project does not have a potential for causing a significant affect on the environment, The proposed Ambient Air Balloon Ordinance is necessary to bring about eventual conformity with the City's Land use plans. There is reasonable probability that the proposed Ambient Air Balloon Ordinance will be consistent with the City's future General Plan. which will be completed in a reasonable time and in accordance with the goals and/or policies of the City's future General Plan. There is not a likely probability of substantial detriment to or interference with the future General Plan. if the proposed policies are ultimately inconsistent with the plan. due to the fact that policies will be adopted for the new General Plan. therefore. it is likely that the City will consider these policies during their preparation of the General Plan, A: AirOrd. -2- GENERAL PLAN AND SWAP CONSISTENCY: The proposed Ambient Air Balloon Ordinance is consistent with SWAP. In addition, Staff finds it probable that this Ordinance will be consistent with the new General Plan when it is adopted. STAFF RECOMMENDATION: The Planning Department Staff recommends that the Planning Commission: ADOPT Resolution No. P.C. 91- recommending Adoption of the Ambient Air Balloon Ordinance. OM: ks Attachments: Resolution "Draft" Ordinance City Council Staff Report (Dated June 26. 1990) City Council Minutes (Dated June 26, 1990) A:AirOrd. -3- RESOLUTION NO. P.C. 91- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OFTEMECULA RECOMMENDING THECITYCOUNCIL ADOPT THE AMBIENT AIR BALLOON ORDINANCE. WHEREAS, City Ordinance No. 90-04 adopted by reference certain portions of the non-codified Riverside County Ordinances, including Ordinance No. 348 ("Land Use Code"); and WHEREAS, such regulations do not contain provisions for the use of ambient air balloons and other similar inflatables for on-site advertising; and WHEREAS, the City of Temecula desires to regulate the use of ambient air balloons and other similar inflatables for on-site advertising and to protect the health, quality of life, and the environment of the residents of Temecula; and WHEREAS, public hearing was conducted on April 15, 1991, at which time interested persons had an opportunity to testify either in support or opposition; and WHEREAS, notice of the proposed Ordinance was posted at City Hall, County Library, Rancho California Branch, the U.S. Post Office and the Temecula Valley Chamber of Commerce; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECT ION 1. That the Planning Commission of the City of Temecula hereby finds that the proposed Ambient Air Balloon Ordinance will provide for the establishment of regulations for the on-site use of ambient air balloons and other similar inflatables in a fair and equitable manner. SECTION 2. That the Planning Commission of the City of Temecula further finds that the proposed Ambient Air Balloon Ordinance is necessary to bring about eventual conformity with its land use plans. SECT ION 3. That the Planning Commission of the City of Temecula hereby recommends to the City Council adoption of the proposed Ambient Air Balloon Ordinance. The Ordinance is incorporated into this Resolution by this reference and marked Exhibit "A" and dated April 15, 1991 for identification. A :AirOrd. -4- PASSED APPROVED AND ADOPTED this 15th day of April. 1991. DENNIS CHINIAEFF CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof. held on the 15th day of April, 1991 by the following vote of the Commission AYES: COMMISSIONERS NOES' COMMISSIONERS ABSENT: COMMISSIONERS A: AirOrd. -5- ORDINANCE NO. 91- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF ORDINANCE NO. 90-04 PERTAINING TO ADVERTISING REGULATIONS AND ESTABLISHING REGULATIONS FOR THE USE OF AMBIENT AIR BALLOONS AND OTHER SIMILAR INFLATABLE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings. That the Temecula City Council hereby makes the following findings: Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: a. The city is proceeding in a timely fashion with the preparation of the general plan. b. The planning agency finds, in approving projects and taking other actions, each of the following: (1) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. (2) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (3) The proposed use or action complies with all other applicable requirements of state law and local ordinances. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City 3/Ords 26 -1- is proceeding in a timely fashion with the preparation of its General Plan. The proposed land use regulations are consistent with the SWAP and meet the requirements set forth in Section 65360 of the Government Code, to wit: a. The city is proceeding in a timely fashion with the preparation of the general plan. b. The City Council finds, in adopting land use regulations pursuant to this title, each of the following: (1) There is reasonable probability that Ordinance No. 91- will be consistent with the general plan proposal being considered or studied or which will be studied with a reasonable time. (2) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. (3) The proposed use or action complies with all other applicable requirements of state law and local ordinances. SECTION 2. City Ordinance No. 90-04 adopted by reference certain portions of the Non-Codified Riverside County Ordinances, including Ordinance No. 348. Article XIX of the Ordinance No. 348 is hereby amended to read as follows: "SECTION 19.8. TEMPORARY AMBIENT AIR BALLOONS AND OTHER SIMILAR INFLATABLE. a. For the purpose of this Section, a temporary ambient air balloon or other similar inflatable shall mean a sign, not otherwise permitted by Article XIX, which is a temporary structure supported by forced cold air (non-helium), constructed of fabric materials, and affixed to the ground or roof top using steel cable anchoring systems. Such signs may be illuminated at night using electrical lighting systems. All such signs under this Section using electrical lighting systems shall be installed in conformance with the provisions of Riverside County Ordinance No. 655, adopted by reference by the City of Temecula, and all other applicable provisions of the Temecula Municipal Code regulating the installation of such electrical lighting systems. b. Notwithstanding any other provisions of this Section, temporary ambient air balloons and other similar inflatable are permitted only in commercial and industrial zones subject to the following limitations: 1. The maximum allowable size of any such sign shall be limited to no 3lOrds 26 -2- more than 1500 square feet, as measured at the cross section of the balloon used. 2. All such signs shall be ground mounted or roof mounted. The allowable height shall not exceed thirty (30) feet, as measured from the point of anchor to the highest portion of the balloon. 3. All such signs shall not be free-floating (tethered) nor constructed in a shape different from the "hot-air balloon shape" typically depicted in the City of Temecula's Annual Balloon and Wine Festival. For example, such balloons in the shape of blimps or cartoon characters shall not be permitted. 4. All such signs shall be permitted to be displayed for a period not to exceed a total of fifteen (15) calendar days within any ninety (90) calendar day period. In lieu of the maximum allowable fifteen (15) calendar day period herein, a thirty (30) calendar say permit may be issued by the City during the month of the Temecula Annual Balloon and Wine Festival, if such event is held. 5. The number of signs proposed to be used shall be limited to no more than three (3) at any one site during any allowed time period as set forth in subparagraph 4. Spacing of such signs shall be sufficient so as to prevent rubbing, overlapping, or entanglement of any other permitted sign. 6. No such sign shall be erected, placed or maintained unless first approved by both the City Building Director and the City Planning Director. Approval shall be obtained by the submittal of an application and payment of required fees (to be established by Resolution). The application shall be a accompanied with drawing, utilizing the Site Plan, specifying the location of the sign to be approved with the specified dates of the proposed set-up and take down of the sign(s). 7. All such signs shall be removed no later than the last day permitted in the approved application. 8. No temporary ambient air balloon or similar inflatable shall be erected, placed or maintained so that it does any of the following: a. Mars, defaces, disfigures or damages any public building, structure or other property; and b. Endangers the safety of person or property. SECTION 3. Environmental Compliance. The City Council hereby finds that this project does not have a potential for causing a significant affect on the environment. Therefore, the project is exempt from the California Environmental Quality Act under Section 15061(b) (3). 3lOrds 26 -3- SECTION 4. Severability. 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. SECTION 5. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. PASSED, APPROVED AND ADOPTED, this 28th day of May, 1991. Ronald J. Parks, Mayor ATTEST: June S. Greek, City Clerk [SEAL] 3lOrds 26 4- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, doe hereby certify that the foregoing Ordinance No. 91- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 14th day of May, 1991, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 28th day of May, 1991, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, City Clerk 3lOrds 26 -5- CITY OF TEMECULA CITY MANAGER'S REPORT DEFT TITLE: SIGNS - BALLOONS DEPT HD. CITY ATTY CITY MGR ~ RECOMMENDATION It is recommended the City Council consider a proposal of the Temecula Commerce Committee to change advertising sign regulations; and (1) refer to City Attorney to prepare amendments, or (2) refer to City Manager for further study, or (3) reject request and direct City Manager to enforce current ordinance. BACKGROUND County Ordinance 348 and 457 regulate advertising displays in Temecula. Ordinance 348 prohibits any advertising sign without a permit. It prohibits any display above the roof line of a building. It prohibits moving signs. Temporary signs are not specifically mentioned except for political signs, subdivision signs and for sale signs, which are allowed under limited conditions. On May 15, 1990, the County Department of Building and Safety sent letters to businesses displaying balloons being used for advertising. Owners were asked to abate the balloons. On May 16, 1990, the City acted to remove illegal signs within the public right- of-way. On May 29, 1990, a delegation known as the Temecula Commerce Committee met with the City Manager to protest enforcement of the sign ordinance and indicated their intention to request City Council action to change the ordinance. On May 29, 1990, the City Manager requested the County to suspend funher sign enforcement activities in order to allow the Temecula Commerce Committee to make a presentation to the City Council. The Temecula Commerce Committee has filed a report for Council agenda June 26, 1990. After considering the Committee's request, Council needs to give direction to staff. The City now has a Code Enforcement Officer employed as city staff, and he will be directed to enforce whatever ordinance the Council endorses. TEMECULA COMMERCE COMMITTEE June 19, 1990 Mr. Frank Aleshire City Manager, City of Temecula P.O. Box 3000 Temecula, CA 92390 Dear Mr. Aleshire, Attached you will find our proposal for an amendment to Temecula's Interim sign ordinance which allows for ambient balloons as a temporary form of on-site outdoor advertising. I believe you will find our proposal to be quite reasonable in scope and rationale. We request that our presentation of this proposal be presented before the City Council on Tuesday, June 26. Please place this topic of discussion on your scheduled agenda for this particular date. Your assistance on our behalf is much appreciated. If you have any further questions please give me a call at 676- 5611. $ ncerely, Bell Chairman P.O. BOX 564 TEMECULA, CA 92390 DEDICATED TO MOLDING A CITY OF PROSPERITY PROPOSAL FOR AMENDMENT TO CURRENT SI~N ORDINANCE INCORPORATINg AMBIENT BALLOONS AS AN ACCEPTABLE FORM OF OUTDOOR ADVERT I SEMENT Prepared by: TemeculaCommerce Committee (TCC) Date: June 19, 1990 To Be Presented Before City Council: June 26, 1990 INTRODUCTION: With the advent of Temecula's Balloon and Wine Festival and the growing popularity of hot air ballooning as a recreational sport in our valley, the words Temecula and hot-air balloons have become almost synonymous. As a result, Temecula has unofficially been labeled, by many, as "The Balloon Capital of Southern California". Merchants have capitalized on Temecula's festive image by tastefully incorporating colorful balloons into their business logos, billboards, brochures, and on-site advertising. With the exception of subdivision signs, political signs and "for sale lease or rent signs", Temecula's interim sign ordinance does not provide a vehicle in which merchants can apply for temporary forms of outdoor advertising. Note: Temecula's current codes pertaining to "Outdoor Advertising Displays" are being administered and enforced using the guidelines set forth in Riverside County's Ordinance 348. Ordinance 348 was adopted by the City of Temecula as an interim ordinance, and will remain in force and amended until such time Temecula's long range General Plan is developed and approved. A material part of the General Plan will be criteria used to regulate all forms of signage within the City of Temecula. Given the existing ordinance, the City currently has no choice but to disallow balloons as a permissible form of advertising. As merchants and residents of Temecula, we do not believe that our city's ordinance should be an "all or nothing" situation when it comes to balloon advertising. Therefore, it is our objective to propose a reasonable amendment to County Ordinance 348. An amendment that maintains Temecula's balloon image and beautiful skyline while at the same time providing an affectire and tasteful form of on-site advertising. Baekaound to V~o~:,os&1 Upon researching several southern California cities said to allow balloons in their signage ordinances, we found the following local cities to permit the same: 1. San Marcos 2. Escondido 3. Vista 4. Oceanside 5. Corona 6. City of Industry In each of the above examples, we found that "ambient balloons" were defined as "temporary signs" and were regulated under "special provisions" of each city's particular master sign ordinance (refer to Appendix A). In addition, we found that the regulations pertaining to balloons varied with respect to time and size limitations, amount of required fees, the number of inflatables used, and the materials from which the balloons are to be constructed from. Foz~nul&tion o£ Proposal In formulating our proposal, we used the ordinances of the aforementioned cities as our amending guildline. By incorporating these guildlines and definitions into Temecula's current ordinance, we derived the following draft as a basis for our amendment proposal: ARTICLE XIX ADVERTISING REGULATIONS SECTION 19.1. PURPOSE AND INTENT. Because Riverside County is a laroe, diverse and rapidly expanding jurisdiction the Board of Supervisors finds ~nat proper sign control is necessary to provide for the preservation and protection of open space and scenic areas, the many natural and man-made resources, and established rural communities within Riverside County. It is the intent of this ordinance to provide standards to safeguard life, health, property and the public welfare, to provide the means for adequate identification of businesses and other sign users by prohibiting, regulating and controlling the design, location and maintenance of signs, and to provide for the removal and limitation of use of signs within the unincorporated area of Riverside County. All outdoor advertising displays and on-site advertising structures and signs in the unincorporated area of the County of Riverside shall conform to the applicable provisions of this article. If any specific zoning classification within this ordinance shall impose more stringent requirements than are set forth within this article, the more stringent provisions shall prevail. Aq. ended Effective: 07-16-85 (Oral. 348.2496) SECTION 19.2. DEFINITIONS. For purposes of this ordinance, the following · words or phrases shall have the following definitions. 'Outdoor Advertising Display" means outdoor advertising structures and outdoor advertising signs used for outdoor advertising purposes, not including on-site advertising signs as hereinafter ~tined. An outdoor advertising display may be con~only known or referred to as an 'off-site" or an off-prenises" billboard. be 'Outdoor Advertising Structure' means a structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any poster, bill, printing, painting or other advertisenent of any kind whatsoever may be placed, including statuary, for outdoor advertising purposes. Such structure shall be constructed or ))recte.~ upon a permanent foundation or shall be attached to a structuVe having a permanent foundation. 'Outdoor Advertising Sign' means any card, cloth, paper, metal, painted, plastic or wooden sign of any character placed for outdoor advertising purposes, on or to the ground or any tree, wall, bush, rock, fence, building, structure or thino, either privately or publicly owned, other than an advertisin~ structure. The words 'Outdoor Advertising Structure' and 'Outdoor Advertising Sign" as defined in subsections (b) and (c) do not include: 1. Official notices issued by any court or public body or officer; 242 eo e ~nc]udJn9 signs necessa~ ~or ~he o~ra~Jon and saFe~ o( public u~1t ~y uses. A structure erected near a city or c~nty ~unda~y, ~Jch contains the n~e of such city or county and the n~es of, or any other Jnfomation regarding, ctvtc, fraternal or religious organizations located thereJn. 'On-~tte Advertising Structure and Signs' means any structure, housing, sign device, figure, statuary, painting, d~splay, message placard, or other contrivance, or any part thereof, which is designed, constructed, created, engineered, intended, or used to advertise, or to provide data or information in the nature of advertising, for any of the following purposes: (1) To designate, identify, or indicate the name of the business of the ovmer or occupant of the pramtses upon ~htch the Structure or Sign is located. (2) To advertise the business conducted, ser~ces available or rendered, or the goods produced, sold, or available for sale, upon the preaises where., the structure or sign is located. d].frp].ay consq:z~at:od o£ ~oth, ~.anvas, ~.ght: £abz:~o, ~az~oa~d, wa].]J>oazd, o~ otho~ X~ght maq:e=~a].8, w~th o~ w4q:hout £~rames, ~ntonclod q:o be d:Lspa. ayed ~oa: at ~d. tocl l~e:~od o~' t~une f. 'Freeway' means a divided arterial highway for through traffic with full control of access and with grade separations at intersections. r-, . 'Htgl~ay' means roads, streets, boulevards, lanes, courts, places, co,cons, trails, ways or other rights-of-way or easeaents used for or laid out and intended for the public passage of vehicles or of vehicles and persons. "Edge of a Right-of-way' means a measurenent from the edge of a right-of-way horizontally along a line normal or perpendicular to the centerline of the freeway or highway. 'Maximum Height' means the highest point of the structure or sign measured fr~n the average natural ground level at the base of the supporting structure. J® 'Free Standing Sign' means any sign which is supported by one or more columns or uprights imbedded in the ground, and which is not attached to any building or structure. 'Surface Area' means that area of outdoor advertising signs and on-site advertising signs as measured by the smallest geometric form such as a square, rectangle, triangle, or circle, or combination thereof, which will enc~npass the face of the sign on which the message is displayed. 243 'For Sale, Lease or Rent Sign' means a sign advertising that the property or structure upon which the sign is located is for sale, lease, or rent. 'Shopping Center' means a parcel of land not less than 3 acres in size, on which there exists 4 or more separate business uses that have mutual parking facilities. 'Directional Sign' means a sign used to direct and control vehicular or pedestrian traffic that is located upon the same parcel of land as the use that it is intended to serve. 'Significant Resources' means any county, state or federal site which has significant or potentially significant social, cultural, historical, archaeological, recreational or scenic resources, or which plays or potentially could play a significant role in promoting tourism. For the purposes of this article, the term significant resources shall include, but not be limited to, the following: 1. Riverside National Cenetery. A strip, 660 feet in width, measured frczn the edge of the right-of-way line on both sides of 1-215 fro,~ the intersection of Van Buren Boulevard southerly to Nance Road, and on both sides of Van Buren Boulevard from the intersection of 1-21S westerly to Wood Road. 2. Scenic Highways. 3. A corridor $00 feet in width adjacent to both sides of all highways within three-tenths (3/10} of a mile of any Regional, State or Federal park or recreation area. 'Scenic Highway' means any officially designated state or county scenic highway as defined in Streets and Highway Code Sections 154 and 261 et seq. 'Illegal Outdoor Advertising Display' means any of the following: (I) An outdoor advertising structure or outdoor advertisin~ sign erected without first complying with all applicable county ordinances and regulations in effect at the time of its construction, erection or use. (2) An outdoor advertising structure or outdoor advertising sign that was legally erected but whose use has ceased, or the structure upon which the advertising display is placed has been abandoned by its owner, and not maintained or used for a period of not less than one (1) year. (3) An outdoor advertising structure or outdoor advertising sign that was legally erected which later became nonconfo~ning as a result of the adoption of an ordinance; the ~nortization period for the display provided by the ordinance rendering the display nonconforming has expired; and conformance has not been accempl t shed. (4) An outdoor advertising structure or outdoor advertising sign which does not comply with the Notice of Decision or the approved plot plan. 244 (5) An outdoor advertising structure or outdoor advertising sign which is a clanger to the public or is unsafe as may be determined by the Director of the Bull cling and Safety Department. (6) An outdoor advertising structure or outdoor advertising Sign which is a traffic hazard as may be determined by the Director of the Building and Safety Department provided said traffic hazard was not created by the reiDcation of streets or highways or by acts of the County. 'Illegal On-Site Advertising Structure or Sign' means any of the fol 1 owl ng. (I) An on-site advertising structure or sign erected without first complying with all applicable County ordinances and regulations in effect at the time of its construction, erection or use. (2) An on-site advertising structure or sign that was legally erected, but whose uses has ceased, or the structure upon which the advertising display is placed has been abandoned by its owner, and not maintained or used to identify or advertise an ongoing business for a period of not less than ninety {gO) days. (3) An on-site advertising structure or sign that was legally erected which later becene nonconforming as a result of the adoption of an ordinance; the a~ortizatton period for the display provided by the ordinance rendering the display nonconforming has expired; and conformance has not been accomplished. (4) An on-site advertising structure or sign which is a danger to the public or is unsafe as may be determined by the Director of the Buil cling and Safety Department. (5) An on-site advertising structure or sign which is a traffic hazard as may be determined by the Director of the Building and Safety Department provided said traffic hazard was not created by the reiDcation of streets or highways or by acts of the County. "Abandoned" means etther: (1) Any outdoor advertising display that is allowed to continue for more than one (1) year without a poster, bill, printing, painting, or other form of advertisement or message; or (2) Any outdoor advertising display that does not appear on the inventory required by Section 19.3.a.(15); or (3) Any on-site advertising structure or sign that is allowed to continue for more than ninety (90) days without a poster, bill, printing, painting, or other form of advertising or message for the purposes set forth in Section lg.2.e hereof. h~ended Effecti re: 07-16-B5 {Ord. 348.2496) 06-20-89 {Ord. 348.298g } SECTION 19.3. OUTDOOR ADVERTISING DISPLAYS. No person shall erect or maintain an outdoor advertising display in the unincorporated area of the County of Riverside, except in accordance with the following provisions. 245 The changing of an advertising message or customary maintenance of a legally extsting outdoor advertising display shall not require ~' permit pursuant to thts section. Standards. l, Zonf ng. Outdoor advertising display are pemttted only in the C-1/C-P~ H-SC,.I~-H and ~!-H zones and providing only that the display meets all of the other requtraments of the zoning classification and this article. Outdoor advertising displays are expressly prohibited in all other zones. 2. Spacing. No outdoor advertising display shall be located within five hundred (SO0) feet in any direction from any other outdoor advertising display on the s~ne side of the highway; provided, however, that if in a particular zone a different interval shall be stated, the spacing interval of the particular. zone shall prevail. No outdoor advertising display shall be erected within the boundary of any significant resource as defined in Section lg.2.o. of this ordinance. No outdoor advertising display shall be located within one hundred fifty (150) feet of property for which the zoning does not allow advertising displays provided; however, that an outdoor advertising display may be placed within one hundred {150) feet of property for which zoning does not.allow displays, if at the time an application for an outdoor advertising display permit is applied for, there is no existing residential structure or an approved building pemit for a residential structure within one hundred fifty (150) feet of the location of the proposed outdoor advertising display. 3. Height. The maximum height of an outdoor advertising display shall not exceed a height of twenty-five (25) feet fra~ the roadbed of the adjacent freeway or highway to which the display is oriented, or a maximum height of twenty-five {25) feet from the grade on which it is constructed, whichever is greater. 4. Poles. A maximum of two (2) steel poles are allowed for support of an outdoor advertising display. 5. Roof Mounts. No outdoor advertising display shall be affixed on or over the roof of any building and no display shall be affixed to the wall of a building so that it projects above the parapet of the building. For the purposes of this section, a mansard style roof shall be considered a parapet. 6. Number of Displays. No more than one {1} proposed outdoor advertising display per application shall be permitted. 7. Setbacks. No outdoor advertising display shall be erected within an established setback or building line, or within road right-of-way lines or future road right-of-way lines as shown on any Specific Plan of Highways. A minimum setback from the property line of one (1) foot shall be required. 8. IAm~ber of Display Faces. No more than two (2) displ&y faces per outdoor advertising display shall be permitted. Back-to-back and V-type displays shall be allowed provided that they are on the same outdoor advertising structure and provided that the V-type 246 displays have a separation between display faces of not more than twenty-five (25) feet. g. Lighting and Illumination of Displays. An outdoor advertising display may be illuminated, unless otherwise specified, provided that the displays are so constructed that no light bulb, tube, filament, or similar source of illumination is visible beyond the display face. Display making use of lights to convey the effect of movement or flashing, intermittent, or variable intensity shall not be permitted. Display shall use the most advanced methods to insure the most energy efficient methods of display illumination. Within the Palomar Observatory Special Lighting Area, all displays shall comply with the requirements of Riverside County Ordinance No. 655. lO. Display Movament. No outdoor advertising displays shall move or rotate, to display any moving and/or rotating parts. No propellers, flags, or other noise creating devices, and no architectural embellishments which utilize mechanical or natural forces for motion, shall be permitted. Use of daylight reflective materials or electronic message boards using flashing, intermittent or moving light or lights is prohibited, provided, however, that electronic message boards displaying only time and/or temperature for periods of not less than thirty (30) seconds is permitted. 11. 12. Display Face Size. No outdoor advertising display shall .have a total surface' area of more than three hundred (300) square feet Outdoor Advertising Display Permit Required. No person shall erect, alter, repair, or relocate any outdoor advertising display without first obtaining an outdoor advertising display permit pursuant to Riverside County Ordinance No. 457. No outdoor advertising display permit shall be issued unless and until the Building Director determines that the proposed activity is in accordance with this Article and Riverside is in accordance with t.~is Article and Riverside County Ordinance No. 457, and that the aDoi(cant has obtained a valid State Outdoor Advertising permit. l~ Ic~ttftcatton. No person shall place, erect, or maintain an outdoor advertising display and no outdoor advertising display shall be placed, erect, or maintaining. anywhere within the unincorporated area of Riverside County unless there is securely fastened thereto and on the front display face thereof, the n&~e of the outdoor advertising display owner in such a manner that the name is visible from the highway. Any display placed, erected, or maintained without this identification shall be darned to be placed, erected, and maintained in violation of this section. )4. Mobile Displays. No person shall place maintain, or otherwise allow a mobile vehicle, trailer, or other advertising display not permanently affixed to the ground, as defined in Section lg.2.b. of this ordinance, to be used as an outdoor advertising display. 1~. Display Znventory. In order to evaluate. and assess outdoor advertising displays within the uni. nco~rporated area of Ri versi de County, within one hundred eighty (X80) days of the effective date 247 of this ordinance and on each fifth (5) anniversary after the effective date of this ordinance, each display company with outdoor advertising displays within the unincorporated area of Riverside County shall submit to the Oepartment of Building and Safety, a current Inventory of the outdoor advertising displays they currently own and/or maintain within the unincorporated area of Riverside County. Failure to submit a current or accurate inventory shall be denned to be a separate violation of this ordi nanco. 16. Teml~r&ry On-site Advert£s~ng Signs. Unless othe~wise mpoc4£4od under Seot~Lon 19.8 o£ bills oL~bLnance, the above Standards w:L].i appXy to all on-sito tempo~ signs. b. Processing Procedure. 1. Application. In addition to all other applicable Federal, State, and local laws, rules, regulations and ordinances, no outdoor advertising. display or temporary outdoor advertising display shall be placed or erected until a permit therefore has been issued by the City of Temecul&, on the form provided by the Planning Department accompanied by the filing fee set forth in Ordinance No. 671 and meeting the Requirements of Section 18.30 of this ordinance. Foes and &pplication forms for use of temporary on-site advertising signs can be found in Section 19.8 of this o=dinance. Said'~licatton shall also consist of ten (10) copies of a Plot Pla~- drawn to scale, containing the name, address or telephone number of the applicant., a copy of the current valid State Outdoor Advertising Permit, and a general description of the property upon which the outdoor advertising display is proposed to be placed. In addition, the applicant shall provide sufficient nanbar of address labels as deemed appropriate by the Planning Director for all property owners within a five hundred foot ($00') radius of any proposed outdoor advertising display. The Plot Plan shall show the precise location, type, and size of the proposed outdoor advertising displays, all property lines, zoning, and the dimensions, location of and distance to the nearest advertising displays, building, business districts, significant resources as determined by the ordinance, public and private roads, and other rights-of-way, building setback lines, and specifically planned future road right-of-way lines, and any and all other information required by the Planning Director in such a manner that the proposed display may be readily ascertained, identified, and oval uated. Hearing and Notice of Decision. Upon acceptance of an application for an outdoor advertising display as complete, the Planning Director shall transmit a copy of the application to the Oeparbaent of Building and Safety for review and comment. (a) Not less than thirty (30) days after acceptance of the ;~pltcatton for outdoor advertising display as complete, the arming Oirector shall schedule the time and date on which the Planning Director's decision on the application is to be made. Not less than ten (10) days prior to the date on which the decision is to be made, the Planning Otrector shall give notice of the proposed outdoor advertising display, by mail or delivery, to all owners shown on the last equalized assessment ro11, and any updates, as owning real property 248 (b) (c) within a five hundred (500) foot radius of the exterior boundaries of the parcel upon which the proposed outdoor advertising display is to be located. Notice of the proposed outdoor advertising display shall also be given by publication in a newspapeK of general circulation within Riverside County. The Notice shall include the statement that no public hearing will be held unless a hearing is requested, in writing, and delivered to the Planning Director at least two (2) days before the date scheduled for' the decision is to be made. No public hearing on the application for an outdoor advertising display shall be held before a decision is made by the Planning Director, unless a hearing is requested, in writing, by the applicant or other interested person, or if the Planning Director determines that a public hearing should be required. If no public hearing is requested or required, the Planning Director shall give the.Notice of Decision to the applicant and any other person who has made a written request for a copy of the Notice of Decision. The decision of the Planning Director shall be considered final unless within ten (10) days of the date of mailing of the Notice of Decision to the applicant, an appeal therefrom is filed. Zf a public hearing is required under the provision of this subsection, notice of the time, date, and place of the hearing before the Planning Director and a general description of the location of the real property which is the subject of the hearing, shall be given at least ten (10) days prior to the hearing as follows: (1) Mailing or delivering to all owners of real property which is located within a $00-foot radius of the exterior boundaries of the parcel upon which the proposed outdoor advertising display is to be located as, such owners are shown on the last equalized assessment roll and any updates. (2) The Planning Director may require that additional notice be given in any other matter the Director deems necessary or desirable. If a public hearing is required, the Planning Director shall hear relevant testimony from interested persons and make a decision within a reasonable time after the close of the public hearing. A Notice of Decision shall be filed by the Planning Director with the Clerk of the Board of Supervisors, not more than fifteen {15) days after the decision. A copy of the Notice of Decision shall be mailed to the applicant and to any person who has made a written request for a copy of the decision. The Clerk of the Board of Supervisors shall place the Notice of Decision on the next agenda of the Board of Supervisors held five (5) or more clays after the Clerk recel yes the Notice of Decision fra~ the Planning Director. 249 Appeals. The decision of the Planning Director shall be considered final unless an appeal therefrom is filed. (a) Appeals to Planning Canmission. The applicant or any · interest person may file an appeal, accompanied by the fee set forth in Ordinance No. 67! of this ordinance, and on the fore provided by the P1 anntrig Department within ten {10) days after the Notice of Decision is mailed for those matters where a public hearing was not requested or required or within ten (!0) days after the Notice of Decision appears on the Board of Supervtsor's agenda. The appeal shall state the reasons why it is believed the action of the Planning Director is improper. Upon receipt of a completed appeal and fee, the Planning Director shall set the matter for hearing before the Planning Commission. Notice of the hearing on the appeal shall be given in the same manner that notice was ~tven i.n the s~ne manner that notice was given under lg.3.b 2)(b) The Planning Commission shall render its decision on the appeal within ten (10) days of the closing of the hearing. A Notice of the Decision of the Planning Commis'sion shall be filed by the Planning Director with the Board of Supervisors, not more than fifteen (15) days after the decision. A copy of the Notice of Decision shall be mailed to the applicant, appellant and to any person who has made a written request for a copy of the decision. The Clerk of the Board of Supervisors, shall place the Notice of Decision on the next agenda of the Board of Supervisors, held five (5) or more days after the Clerk receives the Notice of Decision from the Planning Director. The decision of the Plannin~ Commission shall be considered final unless an appeal therefrom is filed. (b} Appeals. to Board of Supervisors. The decision of the Planning Canmission shall be considered final unless an appeal therefrom is filed. The applicant or an interested person may file an appeal, accompanied by the fee set forth in Ordinance No. 671 of this ordinance, and on the form provided by the Planning Department within ten {10} days after the Notice of Decision of the Planning Commission appears on the Board of Supervisors's agenda. The appeal shall state the reasons why it is believed the action of the Planning Commission is improper. Upon receipt of a completed appeal and fee, or if the Board of Supervisors ass~es Jurisdiction by ordering the matter set for public hearing, the Clerk of the Board of Supervisors shall set the matter for public hearing before the Board of Supervisors, not less than five (5} days nor more than thirty (30} days thereafter, and shall give notice of the time and place of the hearing in the s~ne manner as notice of the time and place of the hearing in the s~ne manner as notice was given for the hearing before the Planning Commission. The Board of Supervisors shall render its decision within thirty Z50 ® (30) days following the close of the hearing on the appeal. The decision of the Board of Supervisors shall be final. Revocation. Any outdoor advertising display permit which has been issued as a result of a material misrepresentation of fact by the applicant or his agent, whether or not a criminal prosecution is initiated therefor, may be summarily revoked by - the Planntng Oirector who shall forthwith give written Notice of Revocation to the applicant. Within'thirty (30) days after notice is given, any outdoor advertising titsplay authorized by said outdoor advertising display permit shall be removed at the applicant's expense. Fatlure to remove the display within said thirty (30) days shall be deemed a separate violation of this ordinance. Nothing in this ordinance shall authorize the Installation or maintenance of any outdoor advertising display which is in violation of any State or Federal law or regulation. Enforcement. Wherever the officials responsible for the enforcement of a~nintstratton'of the Land Use Ordinance or their designated agents, have cause to suspect a violation of this article, or whenever necessary to investigate either an application for the granting, modification, or any action to suspend or revoke an outdoor advertising display permit, or whenever necessary to investigate a possible violation, said agents may lawfully gain access to the appropriate parcel of land upon which said violation is believed to exist. The following provisions shall apply to the violations of.this article: All violations of. this arttcle cammitred by any person, whether as agent, employee, officer, principal, or otherwise, shall be a mls dame and r. 2. Every person who knowingly provides false information on an outdoor advertising display permit application shall be guilty of a mi sdemeanor. 3. Every person who fatls to stop work on an outdoor advertising display, when so ordered by the Otrector of Building and Safety or the Planning Director, shall be guilty of a misdemeanor. 4 Every person who, having received Notice to Appear in court to answer a related charge, willfully fatls to appear, shall be guilty of a misdemeanor. 5 A misdemeanor may be prosecuted by the County in the nane of the · People of the State of California, or may be redressed by civil action. Each violation is punishable by a fine of not more than one thousand dollars (1,000.00), or by imprisonment in the County jail for a term of not more than six (6) months, or by both fine and tmpri sonnent. 6. Every person found guilty of a violation shall be denned guilty of a separate offense for every day during a portion of which the violation is c~mitted. continued, or permitted by such person. 7. Every illegal outdoor advertising display (permanent or temporary} and every abandoned outdoor advertising display is hereby declared to be a public nuisance and shall be subject to abatement by repair, rehabilitation, or removal in accordance with the procedures contained in Section 3 of Riverside County Ordinance No. 457. Nonconfoming Signs. Every outdoor advertising display which does not confom to this ordinance shall N demed to be a nonconforming sign and shall be re~oved or altered in accordance with this ordinance as fol lows: 1. Any outdoor advertising display which was lawfully in existence prior to the effective date of the enactment of Ordinance No. 348.2496 (July 16, lg85) shall be abated or brought into confomance with these provisions by July 17, lggo. 2. Any outdoor advertising display ~htch was lawfully in existence prior to the effective date of the enactment of Ordinance No. 348.28S6 (June 30, lg88) but after the effective date of the enactment of Ordinance No. 348.2496 (July 16, lg85) shall be abated or brought into conformance with these provisions by July 1, 1993. Any outdoor advertising display which was lawfully in existence prior to the effective date of Ordinance No. 348.2989 but after the effective date of the enactment of Ordinance No. 348.2856 (June 30, lg8B) shall be abated or brought into conformance with these provisions within eleven (11) years of the effective date of Ordinance No. 348.298g. If federal or state law requires the County of Riverside to pay just compensation for the ranoval of any such lawfully erected but nonconforming outdoor advertising display, it may renain in place until just c~mpensmtion as defined in the Eminent Domain Law (Title 7, of Part 3 of the Code of Civil Procedure} is paid. e e Illegal and Abandoned Outdoor Advertising Displays. All illegal outdoor advertising displays and all abandoned outdoor advertising displays shall be ranDyed or brought into conformance with this ordinance immediately. knended Effective: 07-16-85 (Ord. 348.2496) 06-30-B8 (Ord. 34B.2856} 06-20-89 (Ord. 348 Z9B9} 252 SECTION 19.4. ON-SITE ADVERTISING STRUCTURES AND SIGNS. No person shall erect an on-site advertising structure or sign in the unincorporated area of the County of Riverside that is in violation of the provisions contained ~lthln any specific zoning classification in this ordinance or that ts tn violation of the folloW rig provisions. a. Free-standing Stgns 1. Located vrithtn 660 feet of the nearest. edge of a freeway right of way 1the. I~l The nextmum height of. stgn shall not exceed 45 feet. The maxtm~ surface area of a stgn shall not exceed square feet. 2. All 0tNr Locations. (a) The maximum height of a sign shall not exceed 20 feet. (b) The maximin sur"face area of a sign shall not exceed SO square feet. 3. Shopping Centers - All Locations. Notdthstanding the provisions of sub-paragraphs 1 and 2, an alternate standard for free standing on-site advertising signs for shopping cente~ ts established as follo~: (a) the maximum surface a~a of a sign shall not exceed SO square feet of .25 ~rcent (1/4 of lI) of the total existing building floor area in a sNpping center, ~ichever is greater, except that in any event, no sign shall exceed 200 square feet in surface area. b. The maxtm~m~ Night of a sign shall not exceed 20 feet. 4. ~hjm~r of Free-standing Signs - All Locations. Not more than one free-standing sign shall N permitted on a parcel of land, except that if a shopping center has frontage on 2 or ~re streets, the shopping center shall be permitted 2 free-standing signs, provided that the 2 signs are not located on the sa~e streetl are at least 100 feet apart and the second sign does not exceed 100 square feet in surface area and 20 feet in height. be Signs Affixed to buildings - All Areas 1. No on-site advertising sign shall be affixed on, above or over the roof of any building, and no on-stte advertising sign shall be affixed to the wall of a building so that tt projects above the parapet of the building. For the purposes of this section, a mansard style roof shall be considered a parapet. 2. The maxtm~ surface area of signs affixed to a building shall be as follows: (a) Front wall of building - The surface area of the sign shall not exceed 10% of the surface area of the front face of the building. (b) Side walls of a building - The surface area of the sign shall not exceed 10% of the surface area of the side face of the building. (c) Rear wall of a building - The surface area of the sign shall not exceed 5% of the surface area of the rear face of the building. 253 Directional Signs - Directional signs to advise patrons of location, distance or purpose shall be permitted on a parcel of land as follows: 1. The maxim~ height of such signs shall not exceed 3 feet. 2. The maximum surface area of such signs shall not exceed 6 square feet. On-site Identification Signs -On-site identification signs affixed to the surface of walls, windows, and doors of permanent structures, which do not exceed 4 inches in letter height and do not exceed 4 square feet in area are permitted in addition to any other sign permitted tn this ordi nance. SECTION lg.5. FOR SALE, LEASE OR RENT SIGNS. For sale, lease or rent signs shall be permitted to be placed in all zone classifications subject to the following regulations.'. 1. For one and two family residential uses - one sign not exceedin~ 4 square feet in surface area and not more than 4 feet in height. 2. For multiple family residential uses - one sign for each separate frontage on a street, each sign not to exceed 16 square feet in surface area and not more than 8 feet in height. 3. For commercial uses - one sign for each separate frontage on a street, each sign not to exceed 24 square feet in surface area and not more than 8 feet in height. 4. For industrial uses - one sign for each separate frontage on a street, each sign not to exceed 32 square feet in surface area and not more than 10 feet in height. 5. For agriculture uses - one sign for each separate frontage on a street, each sign not to exceed 16 square feet in surface area and not more than 8 feet in height. SECTION lg.6 SUBDIVISION SIGNS. On-site subdivision signs, advertising the original sale of a subdivision are permitted within the boundaries of a subdivision, upon approval of a plot plan pursuant to Section..18.30 of this ordinance and subject to the following minim~n standards: 1. No sign shall exceed 100 square feet in area. 2. No sign shall be within 100 feet of any existing residence that is outside of the subdivision boundaries. 3. No more than two such signs shall be permitted for each suball vi sion. 4. No sign shall be artificially lighted. Off-site subdivision signs advertising the original sale of a subdivision, shall be permitted in all zone classifications, except the C-P-S, N-A, and W-! Zones, provided a conditional use permit is granted pursuant to the provisions of Section 18.28 of this ordinance, and subject to the following mtntm~ standards: 1. No sign shall exceed 100 square feet in area. 254 2. No sign shall be within 100 feet of any existing residence. 3. No more than two such signs shall be permitted for each subdi vision. 4. The maximum period of time a sign may ranain in place shall be two years. S. No sign shall be artificially lighted. 6. An agreement, secured by a $100 cash bond, shall be executed with the County for each sign, assuring the r~noval of the sign within the allowed time period. The bond and agreeant shall be filed with the Oepar~ent of Butl di ng and Safety. Added: 09-13-73 (Oro. 348.1201) ~ended Effectt re: 01-20-77 (Oral. 348,1540) 06-27-78 (Ord, 348.1658) 09-25-80 (Ord. 348.:1855) 07-16-85 (Ord. 348.2496) SECTION 19.7. TEMPORARY POLITICAL SIGNS. For the purpose of this ordinance, a tmporary political sign shall mean a sign, not otherwise permitted by this ordinance, which encourages a particular vote in a scheduled election. be Notwithstanding any other provision of this ordinance, tm~porary political signs are permitted in all zoning classifications subject to the following limitations: 1. No such sign shall exceed 16 square feet in surface area. 2. No free-standing t~porary political sign shall exceed 6 feet in height. 3. No lot shall contain tmporary political signs having an aggregate surface area in excess of 80 square feet. 4. No such sign shall be artificially lighted. 5. No such sign shall be erected or placed more than 90 days prior to the scheduled election to which it pertains. 6. All such signs shall be removed within 10 days after the scheduled election to which they pertain, except that a sign erected or placed for a candidate who prevails in a primary election may be maintained until 10 days after the final el action. 7. No such sign shall be erected, placed or maintained upon any private property without the consent of the owner, lessee, or person in lawful possession of such property. 8. No t~nporary political sign shall be erected, placed, or maintained on any publicly owned tree or shrub or upon the improved portion of any street or highway right of way which is used for traffic or pa rki ng. g. No t~nporary political sign shall be erected, placed or maintained so that it does any of the following: (a) Mars, defaces, disfigures or damages any public building, structure or other property. (b) Endangers the safety of persons or property. Z55 C® (c) Obscures the view of any fire hydrant, traffic sign, traffic signal, street sign, or public tnfomational sign. (d) Blocks motorists' lines of sight to areas of vehicular or pedestrt an traffic. Any temporary political sign erected, placed or maintained in violation of any provisions of this section may be removed by the County 5 days after notice of the violation is given to the concerned candidate or sponsor, and to the owner, lessee or person in lawful possession of the property. Any temporary political sign which constitutes an immediate danger to the safety or persons or property, or which has not been removed within 10 days after the scheduled election as provided in subsection {b)(6), may be r~oved by the County summarily and without notice. The County may bring as action to recover the reasonable cost of sign removal under this subsection. Added Effecti re: 04-21-83 (Oral. 348.2126) 19.8. TEMPOItM~ O~-SITE ~DVEItTISING SZ~S &. ~ient ~ti~ BaLloons D~£inition: ~-~t~nt Air B~loons temporary structures supported b~ £o~cod cold ~te~ials, ~d ~ixed to ~e g~o~d o~ ~ top using 8tool ~le ~oring 8~8t~. h ili~nated at night using liqhYinq Restrictions: ~mbient ai~ balloons shall'be allowed only in cc~ercial and industrial zones sub~ectto compliance with the £ollowing provisions: l. The maximum allowable size of any balloon allowed b~th~8 section shall be limited to no more than 1,$00 square feet, as measured at the cross section of the balloon used. (City of San!~arcos Ordinance). 2. All balloons shall be ground mounted or roof mounted. The allowable height shall not exceed thArty (30) feet, as measured from the point of anchor to the heighest portion of the balXoon. (City of San Natcos Ozxlinance). 256 3. Balloons may not be £ree-£1oating (te'cbered) nor constructed i~ a 8~ ~1on ~d wine ~es~iva~. ~~e, ~~ns in 4. Ambient balloons shall be peznitted to be displayed for a period not to exceed fifteen (15) consecutive days vi~hAn any sixty day (60) consecutive day period (City of Vista O~dinance). In addition, · 30 consecutive day peZlAt nay be issued by ~he City during the month of Tenocul·'s annual BaX~oon and Wine restiva~. (T¢¢ reco~endation) 5. The n-tuber of balloons used for · dve~cising purposes shaX1 be restricted, allowing for no here ~han ~bxoe (3) at any one site during any allowed tans period (city of San Hareos Ocdinance). ~ough as to pzevon~ ~ng, ovo~a~ng, oz ent~gl~ent of one anotho~ (TCC cec~en~ion). 6. All such balloons utilized wi~h4- the City must first obtain the approval of the Building Director and the Director of Planning. Approval shall be obtained by the sub~Lttal' of an applioation and payment of required fees (to be established by the Director of Planning). The &pplication shall be accompanied with · drawing, utilizing the site plan, specifying the location of the balloon to be approved by the Planning and Building Departments with the specified dates of the set up and take down for all proposed balloons. (Standard &pplication procedure for temporary signs). 7. Any violation of the adopted regulation shall be subject to a dafault amount for each separate offense. Each day of violation or non-compliance with these regulations shall be deemed as · separate offense and subject to the penalties and payment of default amounts established by the City Council. (City of San Maxcos Ordinance). APPENDIX A CURRENT CITY ORDINANCES THAT INCORPORATE AMBIENT AIR BALLOONS $Lbl-14-'90 13:45 ID:CITY OF .C~qN. MARCOS TEL NO:Gl.~94~1954~ I~391 F~D2 105 VV. RICMMAR AVENU~ SAN MARCOS. C~UfORNIA g2~g 61g/744~ AMBIENT &IR BALLOON APPLICATION (and other inflatables) CASE NO. Accepted by: Date: Receipt NO~,. Refundable Amt Approved: Denied: Dater. APPLICANT: BUSINESS NAME: ADDRESS: PHONE NUMBER: SIGN COMPANY: ADDRESS: PHONE: DATE BALLOON(S) TO BE INSTALLED: DATE BALlOON(S) TO BE REMOVED: NUMBER OF BALLOONS: SIZE OF EACH (a) MATERIAL USED: .(c) INSTRUCTIONS TO APPLICANT Filing fee: $50.00 for application plus $200.00 for deposit fee. (The desposit fee is ~elundable after the ~emoval of the inflatable. This fee will be used to defray cost of removal upon any violation of City regulations.) Submit: One (1) folded site plan illustrating the locations of the balloon(s) on the site. One (1) elevation drawing to scale. showing the location of balloon(s) on the building. One (1) drawing o~ photog=aph of the balloon with a description of the balloon. Include the balloon material. attachment method and air source. I have read Ordinance No. 84-637 pertaining to inflatable balloons, I agree to comply with the requirements stated therein. (signature) ~UN-!4-'90 13:46 ID:CITY.O~ SaN ~,COS TEL N0:619~44~-~13 ~--','~! P03 AN ORDINANCE Or THE CITY COUNCI~ Or ~ CITY SAN i~AaCO$ AIq~NDII~CI THE ZO~ING ORDINAZIC~. BY kDDING NEH PROVISItS ~ 5OCTION 9Z4. ~TICLE ~XVIII. SIGNS, PKETAINING TO ~RIE~ AIR ~N$ ~ollovo: }octlea I. The San K&ccos Municipal Code is hereby amended by- Ordtfianca as ~ollo~s: APPENDIX ZONIN~ ORDINANCe: AI~TICL~ lilYIll ule at the tollovi~g signs. exeep~ tar raisons at PUblic 4o erected by ~edetal, state, or 1oc&~ agencies. Public service tire and teegetat~£e st~ns or clocks. Holtday decorations that do not advertise a product setrace or establishment. tot up to ~ot~¥ (¢0) days begore a holiday and.:en (~o) days aster. compliance ~t~h the tollcuing provtsto~s.~ a) $uc~ devices (albion: art balloons and other iaftaStbles) Shai~ be alleYed for a peCtod oC ~o~ uoce Air such tntlattbles utilized vt~hLn ~ne City eus~ Ktcs~ obtain t~e appcoval o! the Uutldifig Dacecoot and c~e DicecOot st Plann{ng. Appcoval shall be obtained ! D: C ! TY OF SAN Ph~RCO$ TEL NO:61g?44?54~ 1,701. A e) d) e) ~squiced ~ees (to be secablesSed by the DLcea~or o~ location o~ the .in~Xat£bLe to be mppmeYed by Che ln£tacibles. The time pe~lod atio~ed Co~ iuc~ use ln~im~lbied. ILddl~OnalXF. &iX allovod ln£X&~lbXes shali be ground mounted o~ ~oo:-moun~e4. (30) geeS, as measured r~on.~e ~ta~ or 4achor.~o ~We t~ee suc~ ineligibles 'a~ any one st~e 4u~i~g may allo~ed ~lne pooled. The maximum mLX~abie size og an~ ingiacibie aZlo~ed by ~his mac,ion s~ll b, iiml~e~ ~o no uo~e ~iQ X.SO0 lngl~ibleCs) used. in adminisCca~ive action by Lie Cl~y. ~ho pecmic mus~ touc ~tmes the pecut~ ~ee (doessided wit~ ~he City) v~Lch ~ould be used ~o deCray cos~ oC ~eaovAt upon pecmtccme mua~ aqcee to allow. ig necessarY. got JLD~-14-'90 13:47 ID:CITY ~ S~ ~COS TEL N0:619744~545 ~391 ~5 O~dLn3fice 04-637 OC~ObeC 23. XOi4 l?0LA day notice to the pecmittee and to the poopcoty owner, tt~e ci~rtt to enter the pcemlses to ce~ove the violation. ma~ecials to be used [o~ eac~ i~laCtbie insc~lled. ~hea the Ci~y nay.not issue t~e cequosted petEit. ltEu~C~/~,u~o~lil8 and inStallatiOn ~.Cials. conpl~ vi~ ~he Building ~tceeto~.s specl~ic~'ion and h) In idditioa Co providing the infocullen on the flee pZin, ~he locatiohal invocation shall be a dla~an d~ova to scale t~lcatiM in a plan and cloyetLon view. the l~flacibl, to be use~: tke aceas ia Vhic~ oc on v~lch ~he i~lattblel I~, located, as veil 6s p~ovidin~ caloulacions o~ square ~ooca0e o~ niXlush itseel ~.oC o~ devices suspended b? vice in t~, sic. o~ tin. '~ot v~lch the petnit Is issued. i) ~? violation o~ c~e adopted cegulfcLon 8~11 be sub)act to a de~6uL~ Inouu~ ~of eac~ sapacate o~onse. Each day o~ violation at non-compliance with offense and subject to C~, penaLc~ls and p~yaenc at difault.alouats established by the City COUncil. Section TT: Thi ocdininc. Snail Ca~e eCfect and be In Caeca t~iccy (20) days altec t~e date of its passage. and the C~ty Clack tie, It certify to the adoption o~ th~s ordinance ~ed cJuse suae co published arid posted tn the manner [equLred by I D: C I TY OF' S~',I I"LqRC~ T~I_ NO: 61cY744'754~ ~91 l. age 4 O[d%~&nce 84°63? Oc,'e bez: 23. CoZ~owLeg col~ call vote: #O~S: COUNCtMaZNIB~S: &BSCN~: C'OUN¢I~ERS: ~l~ZONgt, g. BURTON° NAYOu CITY Or SJU¢ HJ~COS A'L'TE;ST: ·. . ', ],70 ].A .-' SUN-- 14--90 FR I / VISTA. CODE sign, and in addition, deposit cash, certified check, or instrument d credit in the amount of five hundred dollars ($500.00) with the city as security to .ensure the removal of each such sign. Upon'failure to so re- move same after written notice thereof from the city Upon expirat/ot~ of the m/nor use permit, ~uch sum may be utilized by the city to pay for such removal and any unused portion shall be refunded or relezzed after such removal. (90) T~npomry ,~ vu, light fabric, paper, cardboard, wallboard. or other light materials, with or without frames, intended to be displayed for a limited period .of _tq_me only. (b) Permitted zones. O-P, C-l, C-P. C~, C-T and M-I zones. (c) .Location. Shall not be located or project into ally public rift-of. way or private read easement. (d) Number permitted. blo limitations. (e) Area. Sign area of all such signs shall not exceed accumu- lative total of one hundred (100) square feet. Signs made of riidd materials shall not exceed twenty-four (24) square feet. 2. Copy area. blo limitations. (f) Height. Signs made of rigid material and placed upon the ground shall not exceed a height of 8ix (6) feet. All other temporary signs shall not exceed the follow- ing height limitations: :. Sup~ No. ~9 A-72.24 Poelit ' brand fax transm,tlal memo 7671 JUN-- I 4--90 FR I 10 APPF.~DIX A~ZONING § 1,~o4 1. O-P zones. Twenty (20) feet. 2. O-1, C-2, C-3, C-T and M-1 zones. Thirty (30) feet. gpecial provisions. Temp~.__.~ si_j~.S__~_h~_.l..be limi .ted to ad,~?.g, .gr~, ~** _open.'i~, spe~..'..a!.p.rg..motio.ns., sales, ape. cial events, p..ub!.ic .hoUdays and outdoor exhibitions or pe{form'ances on the premises sul~ject to these limitations: 1. Temporary signs shall advertise only the goods and services available on the premises witere the sign is located. 2. Temporary signs shal! be. permit.~J 0n.!y jff the party responsible for the posting and maintenance of such Name, address and telephone number of the re- sponsible party; b. A written description of the display; c. The date on which posting is to commence; d. The date on which the sign(s) are to be removed. $. Temporary signs shall be permitted for a period not to exceed fifteen (15) consecutive days within any sixty (60) consecutive day perle& (92) Trar~it shelter signs. (a) Definition. Any sig~ painted constructed in a transit shelter. on, attached to or (b) Permitted zoning district. Transit shel~er signs may be permitted in all commercial or industrial district,~ or in residential districts, subject to minor use permit. (c) Location. Signs may b~'placed upon, attached to or constructed in any vertical surface on the interior of a transit shelter. (d) Area. 1. $i~n area shall be considered to be the interior surface area of any vertical panel(s) placed to A-72.25 JUH-- 1 4--9E1 FR I 1 0 : ~$ P . Notification of Sign Ordinance Enforcement Page 2 Temporary Signs: Temporary signs are defined as "any portable sign, banner, balloon, pennant, valance, or advertising display constructed of cloth, canvas, light fabric, gaper, cardboard, wallboard, or other light materials, with or without frames, intended to be displayed for a limited period of time only." Temporar~ signs ma] o~ly be posted subject to the following conditions: (a) Temporary signs may advertise only the goods and services available on the premises where the sign is located. (b) Temporary signs will be permitted for a period not to exceed fifteen (15) consecutive days within any sixty (60) consecutive day period. (c) Temporary signs will only be permitted if the party responsible for the sign submits the following information to the Code Enforcement Office for approval prior to posting of any temporary sign: (1) Name, address and phone number of the responsible party. (2) A brief, written description of the display. (3) The date on which posting is to commence. (4) The date on which the sign(s) are to removed. Off-site Real Estate Sign_~s: Off-site real estate signs may be displayed only on weekends, beginning 5:00 p.m. on Friday and ending at midnight the following Sunday. Off-site real estate signs may also be displayed on any legal holiday observed by the City of Vista. Any signs which are posted or maintained in violation of these provisions may result in the issuance of the citation (Notice to Appear in Court). Additionally, any sign which is posted in the public right-of-way wall be summarily removed by the City's Code Enforcement Division. Your cooperation in adherence to these regulations will be greatly appreciated. If you have any questions or would like additional information regarding enforcement of the Sign Ordinance, please feel free to contact the City of Vista Code Enforcement Division at 726-1340, Extension 405. JUN-18-'90 10:02 ID:CITY 0~ ESCONDIDO TEL N0:6197414699 CITY OF ESCONDIDO FAX TRANSMISSION COVER SHEET DATE: PHONE: DOCUMENTS TRANSMITTED: TOTAL PAGES( INCLUDING.TRASMITTAL FORM): **Fax transmittal ink is not permanent. CITY OF ESCONDIDO 201 N. BROADWAY Emcondido, CA 92O25 (619) 741-4699 (FAX) T~j=__NO.~_~414699 ~618 P02 JL~q-18-'~ 10:~2 iD:CJTY OF ESCONDIDO &ITICL£ 1041 2. ' Ct~h ~ ~ ilg~ vi~ ~ City ~1~ ~l~i~ a~ a~{~ ~l~ f~ ~ ~tcJe ~ol~s 4~ t. ~h f~t ~ ~i~ ~ lb~ ~s ~t~ in ~ ~tcte tr4ffic ~fecy. ~ ~ld ~ ~ ~ f~ ai~t~, ~lk~, tJ~l~ JUN-18-'9~3 10:03 ID:CITY Og ESCONDIDO TEL N0:61~7414699 ... ~618 ~3 D~.TAILS OF R~qUgSt AUTO DEALERSHIPS Freestanding Signs Vail-Mounted Identification Signs Vall-Hounted Signs to Identify Individual Depts. Directional Signs lemporary Large or-air Balloons Temporary Banners Proposed Sign Standards One ~onusent per dealership or 2 for dealerships with two franchises and 275' o£ frontage One 200 SF sign per dealership; or, .for dealerships on com~ere or with large expanses of building wall. ~ore than one with no single saga to exceed 200 SF and the total area not to exceed gO0 SF Any rimabet with letters not to exceed 2~' in height Any number of 8 SF signs Four times per year for 10-day special events Four times per year for 30 days each time Previously Approved SiI~_. Standards per dealership One 200 $F sign per dealership Not allowed Vere not expressly allowed, but were shown on Exhibit D-1 Not allowed Not allowed Other Temporary Small helium Not allowed Displays balloons on weekends .... COPY '~ JUi~181990 ~:ii. " ' "' FOR SIIli y : .......'-, .? ~ ~KI! V ..... CG Zone Sign Standards One per lot or parcel ~ny number at 1 SF per 50 $F of floor area or 100 SF of site area with a aggregate area of 300 sF (Included in above standard) Any number o~ 6 $F signs Not alloved For tVO 30-day periods per 7ear Alloys any sign or device which moves with breeze for special events not to exceed 10 days · JUN-18-'90 10:03 ID:CITY OF ESCONDIDO TEL.NO:G197~l~699 ~618 PO~ SHOPPING CENTERS Freestanding Signs Proposed Sign Standards One 196 SF internally illumi- nated plexiglasl pylon sign for Some Depot Center. One externally illumi- nated rood Sign for Burger King Cente~ Previously Approved SiRn Standards One externally lllu~ln&ted wood sign for each center (size per CC requirements) Vall-Kounted Signs Leasing Signs Temporary Signs Internally lit plexiglass for Ho~e Depot Center (one for each in- line shop, two for outpads and in*line with rear to a street). Externally lit seed for Burger · ing Center. and number pe~ standards One 6 $£ sign in vecan~ shop windom plus one ~0 SF sign along street S~all heliu~ balloons, banners and portable signs to advertise grand openings One 20 $~ or $0 $F wood earquee sign on buildinS front (depending on length of f~ontage) Not expcess ly elleyed Not allowed DRAFT COPY FOR STUDY ONLY CO Zone Standards' One 100 SF sign fo~ each center and one 60 $~ monument for each outpad on a separate parcel Any number with area limited to 1 SF sign per $0 $F floor area with ~axi- sun aggre- gate o~ 300 SF Two 16 S£ signs per parcel or lot Banners and signs or other devices vhich.~ov$ with breeze to adver- tise special events not exceeding 10 days $R/89- 31-PD/9- 3 JLIN-18-'90 10:04 ... ~618 P05 ID:CITY OF ESCOHDIDO TEL NO: G197414699 CONDITXO#S copy of the revised CC&R's shall be submitted to and approved by the Plannlni Department prior to approval of any sign permits within the Escortdido Auto Park. ~he submitted CC&R's shall be consistent with Attachment with the following exceptiones Small helium balloons referred to in Section lI.E.Z,e.l shall be allowed only in conjunction with an issued City permit for temporary display of a banner sign. Banner signs mentioned in Section XX.E.2.e.2 shall be limited to tee 30-day periods within any 12-month period and to lO0 $F in area and require a City permit. The use o~ large hot-air balloons mentioned in Section shall be limited to two lO-day periods within any 12-month period &rid requires a City permit. Section II,E.$.a.$ shall stipulate that 'Honument signs shall not exceed 8 1/2' vide by 4' tall as shown in Exhibit D-i.' The heading for Section lI.E.$.c shall read *For any site heine used for general commercial purposes other thau auto dealerships.* Section II.E.$.c.4 shall state that it applies to the Home Depot Center at the northwest corne~ el Valley Parkway and Auto Park Way. Section II.E.3,c.$ shall read *Special signs which vary from this sign criteria must first be approved by the Owner0 D.R.C., and obtain Plannini Coalssion concurrence. Section lI.E.3.c.6 shall be revised so as not to allow the posting o[a temporary f£eestanding sign along Valley Parkway, This approval is subject to all applicable conditions of Tract 477 and/or 80-173-PD. review ~uidelines to ensure adequate separation ........ : ....,i,e of ,iSm, ,o prevent ,lg clut .r. !' I'i' ' JO s ........FOR STUDY ONLY All future requests for signnee within the Auto Park shall be approved by the Auto Park Design Review Committee, City Design Review Committee or Design Review Board, Plannin8 Department, and Butldin8 Department. Applications shall be submitted to the Planning Department and shall include three sets of plans and the approval of the Auto Park Desiln Review Committee, The City Design Review Co~nittea or Design ~eviev Board shall review the request for conformance with the Ctty's design between signs and S~/Sg-34-PD/g-3 I C, city Council Minutes June 26, 1990 18. unWaS]~eved~by C_%~cilmem~ Bir~ell, ~seconde~ by cil~berL~rndema~S to approve staf[~ecomm~hdations to t~ uphol~e a~eal, subject t9f~he recommendations of the ci.y Tra~c En~fheer, based on/f~ndings and analysis contained i~ t~Coun~y report. 2) Apl~rove Plot Plan No. 11499, based.~h ~e an~a~sis and findings contained in the County Staff Repor,~, subject to the conditions of approval revised i~ ~e mot&~'n was .carried by the following vote: : ,4-' COUNC'i LMEMBERS: Birdsall, ?"~ Mufioz, Parks NOE~:" 0 ,~.' COUN/C~I~LMEMBERS: None ,'/ /'~' Lindemans m Report by Temecula Commerce Committee on Suggests4 Siqn Or~inance ]tmen4ments City Manager Aleshire reported he received a recommendation from the Temecula Commerce Committee founded to consider amendments to the sign ordinance. He suggested taking the suggestions from the committee and having the City Attorney prepare an ordinance. Mr. Aleshire stated these amendments deal directly with the use of balloons as an acceptable form of advertising. He introduced John Bell, spokesperson for the Commerce Committee, to make a presentation. John Bell, 27711 Diaz Road, gave a presentation to Council stating Temecula has unofficially been labeled "The Balloon Capital of Southern California" and stated many merchants have capitalized on Temecula's festive image by using balloons as a form of advertising. He said the present sign ordinance does not provide a vehicle in which merchants can apply for temporary forms of outdoor advertising. He reported that on July 1, 1990, all balloons must come down without an amendment to this ordinance. He said the committee has included in its report a draft proposal which was formulating using other cities as a guide including: San Marcos, Escondido, Vista, Oceanside, Corona and City of Industry. Councilmember Birdsall stated she would like the period not to exceed fifteen consecutive days within any 90 day, not 60 day period. Councilmember Mu5oz stated he would like stricter limits, and asked Council if it is willing to accept the fact that everyone could have a balloon. Nlnutea\6\26\90 - 1~5- 07/10/90 City Council Minutes June 26. 1990 Ed Morale, Commerce Committee, spoke regarding an informal survey taken. Of 200 people, only one objected to the use of balloon advertising in Temecula, and that person was in opposition to a tethered balloon which could be a hazard. City Attorney Fields said that all zoning ordinances must first go to the Planning Commission for Public Hearings and then would be brought back to the City Council. He stated this is a rather lengthy process taking anywhere from six to nine months. He suggested adopting a moratorium amending standards for up to one year period of time, while planning is reviewing the Ordinance. It was moved by Councilmember Lindemens, seconded by Councilmember Birdsall to direct staff to prepare a moratorium ordinance permitting use of specific balloons as suggested by the committee and incorporating changes suggested by Council to raise the time limit to read not to exceed fifteen consecutive days of use within a 90 day period. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemane, Mu5oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: i COUNCILMEMBERS: Moore Councilmember Mufioz moved, Councilmember Birdsall seconded a motion to instruct staff to continue to enforce all other provisions of the County Sign Ordinance. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Mufioz, Parks NOES: 0 COUNCI LMEMBERS: None COUNCILMEMBERS Moore ABSENT: I . : M~r P~s re~ested ~klng..~tem N~ 20 o~of o~er.~ ~1'0. ~Cen2'er Tr&f~io Improvements '/ -/ , / ~ity Manager Aleshire re?~rted t~e ow~rs of, ~he T~n Ce~er on .,Ynez agd Rancho C~forni,a Road would lik~??~o ha~e a traffic ~lgnal insta~ed. ~e stated ?'traf~-~6 signal i~ AI~~ ~inut e~\6\26\90 - 1~,- 07110190 ITEM NO. 16 APPROVAL ~.~ CITY ATTORNEY %Q.~-~_~. FINANCE OFFIC_E~ .. ~ CITY MANAGER ~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager City Clerk May 28, 1991 Ordinance Adding Chapter 6.16 to the Municipal Code to Provide for the Expedited Abatement of Hazardous Vegetation from Vacant Lots or Parcels RECOMMENDATION: 1. Conduct a public hearing 2. Adopt an ordinance entitled: ORDINANCE NO. 91- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA. CALIFORNIA AMENDING CHAPTER 6. 14 AND ADDING CHAPTER 6. 16 TO THE TEMECULA MUNICIPAL CODE TO PROVIDE FOR EXPEDITED ABATEMENT OF HAZARDOUS VEGETATION FROM VACANT LOTS OR PARCEL S. DISCUSSION: This matter is continued from the meeting of May 14, 1991. The staff report prepared for that meeting is attached. JSG APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council \City Manager Chief Building Official May 14, 1991 An Ordinance of the City Council of the City of Temecula, California amending Chapter 6.14 and adding Chapter 6.16 to the Temecula Municipal Code to Provide for the Expedited Abatement of Hazardous Vegetation From Vacant Lots or Parcels RECOMMENDATION: It is recommended that the City Council hold a public hearing and approve the second reading of the attached ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA AMENDING CHAPTER 6. 14 AND ADDING CHAPTER 6. 16 TO THE TEMECULA MUNICIPAL CODE TO PROVIDE FOR EXPEDITED ABATEMENT OF HAZARDOUS VEGETATION FROM VACANT LOTS OR PARCELS." DISCUSSION: The City contains a large number of vacant lots and vacant parcels where vegetation is generally left unmaintained. When mature, this vegetation can produce seeds which can attain such large growth as to become a fire menace when dry or which are otherwise noxious or dangerous. The adoption of this ordinance will provide the Fire Chief with a procedure which will expedite the abatement of this hazardous vegetation on vacant lots and parcels. Hazardous vegetation on improved lots or parcels, which are defined as those with a habitable building or structure on it, are regulated by the Code Enforcement Division through the Nuisance Abatement Process. ORDINANCE NO. 91-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA AMENDING CHAPTER 6.14 AND ADDING CHAPTER 6.16 TO THE TEMECULA MUNICIPAL CODE TO PROVIDE FOR EXPEDITED ABATEMENT OF HAZARDOUS VEGETATION FROM VACANT LOTS OR PARCELS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 6.14 002(h) of the Temecula Municipal Code is hereby amended to read as follows: "6.14.002...(h) Except as provided in Chapter 6.16, any overgrown, dead, decayed or hazardous vegetation which: (1) May harbor rats, vermin, or other disease carriers; (2) Is maintained so as to cause an obstruction to the vision of motorists, or a hazardous condition to pedestrians or vehicle traffic; (3) Constitutes an unsightly appearance; (4) Creates a danger or attractive nuisance to the public." SECTION 2. Section 6.14.002(m) of the Temecula Municipal Code is hereby amended to read as follows: "6.14.002...(m) Abandoned, broken or neglected equipment and machinery, pools, ponds, excavations, abandoned wells, shafts, basements, or other holes, abandoned refrigerators or other appliances, abandoned motor vehicles, any unsound structures, skateboard ramps, or accumulated lumber, trash, garbage, debris or vegetation (not otherwise subject to the provisions of Chapter 6.16) which may reasonably attract children to such abandoned or neglected conditions;" SECTION 3. Section 6.14.002(r) of the Temecula Municipal Code is hereby amended to read as follows: "6.14.002... (r) Any condition of vegetation overgrowth, (except that regulated by Chapter 6.16 hereo0, which encroaches into, over, or upon any public right-of- 3/Ords 91-18 -1- way including but not limited to, streets, alleys, or sidewalks, so as to constitute either a danger to public safety or property or any impediment to public travel;" SECTION 4. Section 6.14.002(v) of the Temecula Municipal Code is hereby added to read as follows: "6.14.002.. (v) Any violation of the Temecula Municipal Code, any Code adopted by reference by the City, or any uncodified City Ordinance." SECTION 5. Chapter 6.16 "Expedited Abatement of Hazardous Vegetation From Vacant Lots and Parcels," is hereby added to the Temecula Municipal Code to read as follows: "CHAPTER 6.16 EXPEDITED ABATEMENT OF HAZARDOUS VEGETATION FROM VACANT LOTS AND PARCELS Sections: 6.16.010 6.16.020 6.16.030 6.16.040 6.16.050 6.16.060 6.16.070 6.16.080 6.16.090 6.16.100 6.16.110 Definitions. Duty to Abate Hazardous Vegetation From Vacant Lots or Parcels Enforcement of Chapter by Fire Chief or Designee. Notice to Remove and Abate. Appeal of Abatement Notice. Removal of Hazardous Vegetation from Vacant Lots or Parcels by City. Payment for Removal. Cost Accounting. Notification. Assessment Lien. City Council Action Following Assessment Heating. Procedure for Refund of Payment. Enforcement. Violations. Penalties. 6.16.919 DEFINITIONS. For purposes of this Chapter, the following terms shall have the meanings set forth below: (a) 'Appeals'shall mean that body designated by the City Council pursuant to this Chapter and consisting of one (1) officer selected by the City Fire Chief which such officer shall not be the officer issuing the order to abate and two (2) persons selected by the City Council. Said Appeals Board shall hear any and all appeals regarding the determination by the City that hazardous vegetation exists on any vacant land or vacant parcel in the City. Co) 'Hazardous Vegetation' shall mean all dry grass, stubble, Russian thistle (tumble weeds), brush, weeds, rank grow, sagebrush, chaparral, or other vegetation which constitute a fire hazard. Hazardous vegetation shall also mean weeds which when mature bear 3lOrds 91-18 -2- wingy or downy seeds, which will attain such a large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous. (c) 'Hazard Reduction Office' shall mean that physical location where the "Notice to Remove and Abate" is generated. (d) 'Hazard Reduction Officer' shall mean the designee of the City Fire Chief vested with the authority to enforce this chapter. (e) 'Vacant Lot' and 'Vacant Parcel' shall mean any lot or parcel larger than one- quarter (1/4) acre which does not have an improved, habitable building or structure on it. 6.16.020 DUTY TO ABATE HAZARDOUS VEGETATION. It shall be the duty of every owner or person in control of any real property or interest therein which constitutes a 'Vacant Lot' or 'Vacant Parcel' pursuant to Section 6.16.018(e) above to abate therefrom, and from all sidewalks and parkways, except for those roads accepted into the City Maintained System, all 'Hazardous Vegetation' or other flammable vegetation, that constitutes a fire hazard which may endanger or damage neighboring property. (a) In the case of any parcel or contiguous parcels of real property under the same ownership consisting of five (5) or less areas upon which vegetation exists which may constitute a fire hazard, the requirements of this Section shall be satisfied if the vegetation is removed by disking or mowing the entire acreage. (b) Where the acreage consists of more than five (5) contiguous acres, the requirements of this Section shall be satisfied if there is cleared, a one hundred (100) foot wide strip of land at the boundaries of such real property, and through such land so that there shall not be any portion of the real property larger than two and one-half(2 1/2) acres which is not enclosed by itself within such a strip, which shall be a firebreak. The City Fire Chief may require firebreaks exceeding this one hundred (100) foot width or disking or larger than five (5) acre parcels if larger breaks or disking is deemed necessary by him/her for the protection of the public safety and welfare. (c) Where the parcel is improved or terrain is such that it cannot be disked or mowed, the City Fire Chief may require, or authorize, that other means of removal be used, and that specific standards be met as set forth in Temecula Municipal Code, Public Resources Code, or other recognized Fire Codes. 6.16.030 ENFORCEMENT OF CHAPTER BY FIRE CHIEF OR DESIGNEE. For purposes of enforcing the provisions of this Chapter, the City Fire Chief may designate any person or persons as his/her deputy in the performance of the duties vested upon the City Fire Chief by the provisions of this Chapter. 6.6.040 NOTICE TO REMOVE AND ABATE. It shall be the duty of the City Fire 3lOrds 91-18 -3- Chief, or designee of the Chief, whenever such officer deems it necessary to enforce the provisions of Section 6.16.020 hereof, to issue a 'Notice to Remove and Abate' by either of the following methods: (a) By mailing to the owner as much real property as shown on the last equalized tax rolls and by personal service thereon; or (b) By mailing to the owner as shown on the last equalized tax rolls and by posting the real property. The 'Notice to Remove' shall be in substantially the form set forth below: 'NOTICE TO REMOVE AND ABATE Date: By virtue of Section 6.16.020 of the Temecula Municipal Code YOUR ARE HEREBY NOTIFIED AND REQUIRED TO ABATE from your property described [Legal Description] taken from the Riverside County Assessor's Records which lists the owner as of [Name] [Address, City, State, Zip] specific mentioned items described as combustible matter and If said combustible matter is not removed within thirty (30) calendar days, the City Fire Chief, or other duly designated officer(s), may order said matter removed by public employees, private contractor, or other persons, and the cost of said removal shall be levied with an added Administration Fee, and assessed against the property as a Special Assessment Lien, or billed directly to the 3lOrds 91-18 -4- property owner. An appeal from this order may be taken by presenting a written appeal to the Hazard Reduction Office at (Phone: ) within twenty (20) calendar days of the postmark on the Notice to Abate. The Hazard Reduction Officer shall set the same for hearing before the Board of Appeals, and shall notify the Applicant, in writing, of the heating date. Name of Issuing Officer Title of Issuing Officer 6.16.050 APPEAL OF ABATEMENT NOTICE. (a) Appeals Procedure. Any person who is adversely affected by the determination contained in the Notice set forth in Section 6.16.040, may appeal to the Board of Appeals within the twenty (20) calendar days of the postmark on the Notice to Remove and Abate by filing a written appeal with the Hazard Reduction Officer. An appeal, timely filed and in proper form, shall stay any further action for removal or abatement until the date set for hearing. The Hazard Reduction Office shall set the matter for hearing before the Board of Appeals and shall notify the person appealing by mail of the date set for such hearing, at least fifteen (15) days prior to the hearing date. If the person appealing resides outside the County, the above period of notice by mail before the hearing shall be at least twenty-five (25) days. The person appealing shall have the right to appear in person or by an agent, designated in writing, at the hearing, and present oral, written, and/or photographic evidence. The Board of Appeals shall decide the appeal and shall issue its decision, which shall be in writing. (b) Appeals Board. The Board of Appeals is hereby established with the membership as set forth in Section 6.16.010 (a). Members shall serve at the pleasure of the appending authority. 6.16.060 REMOVAL OF HAZARDOUS VEGETATION BY CITY. If, at the end of the time allowed for compliance in the original notice, or as extended in cases of appeal, or as specified by the Board of Appeals, compliance has not been accomplished, the officer issuing the notice or the agency of which he is an officer, may order the 'Hazardous Vegetation' to be removed by public officers or by employees of said agency, or may cause the removal to be carried out by a private contractor selected by the County Purchasing Agency in Accordance with applicable statutes and in the manner and under the terms specified by the City Council. The Cost of such removal accompanied by a reasonable administrative change may be imposed as a Special Assessment upon the property, and such property shall be subject to a Special Assessment Lien for said purpose. The costs so assessed shall be limited to the actual costs 3lOrds 91-18 -5- incurred by the City of Temecula in enforcing abatement upon the parcels, including payment to the contractor, costs of investigation, boundary determination, measurement, clerical, personnel, consultant, and an administrative cost to be set by Resolution adopted by the City Council on those parcels where such weeds have not been removed by the property owner at his or her own expense. 6.16.070 PAYMENT FOR REMOVAL. COST ACCOUNTING, NOTIFICATION. The City shall recover from the property owner the full costs, including administrative and legal costs of abating 'Hazardous Vegetation' from any 'Vacant Lot' or 'Vacant Parcel' in the City in accordance with the procedures set for in Section 6.15.012 of this Code. 6.16.080 ASSESSMENT LIEN. The total costs of abatement of the 'Hazardous Vegetation' abated pursuant to this Chapter shall constitute an assessment and lien against any vacant lot or vacant parcel from which 'Hazardous Vegetation' was abated by the City. The assessment shall be levied and the lien imposed by the City in accordance with the provisions of Section 6.14.013 of this Code. The 'Notice of Lien' set forth in said Section shall be modified to reelect 'Chapter 6.16' in lieu of 'Chapter 6.14.' 6.16.090 CITY COUNCIL ACTION FOLLOWING ASSESSMENT HEARING. At the conclusion of the hearing required above, the City Council shall do one of the following: (a) Confirm the costs of the abatement and order the costs to recorder as lien on the property; (b) Modify the costs of the abatement and order this new figure to be recorder as a lien on the property; or (c) Cancel all or any portion of any such Special Assessment, penalty, or costs heretofore entered, and shall order that the same be canceled by the County Auditor--Controller if uncollected, or, except in the case provided for in subsection (5) below , refunded by the County Treasurer-Tax Collector, if collected, if the charges were charged or paid: (1) More than once; (2) Through clerical error; (3) Through the error or mistake of the Board of Appeals, or of the officer, Board or Commission designed by them to give notice, in respect to any material fact, including the case where the cost report rendered and confirmed, as hereinbefore provided, shows the County abated the 'Hazardous Vegetation' but such is not the actual fact; (4) Illegally; or (5) On property acquired after the lien date by the State or by any county, 3lOrds 91-18 -6- city, school district, special district, or other political subdivision, and because of this public ownership, is not subject to sale for delinquent taxes. 6.16.100 PROCEDURE FOR REFUND OF PAYMENT. No order for refund under the foregoing Section shall be made except on a written claim: (a) Verified by the person who paid the Special Assessment, his guardian, executor or administrator; and Co) Filed with one (1) year after making the payment sought to be refunded. 6.16.110 ENFORCEMENT. VIOLATIONS, PENALTIES. It shall be unlawful, subject to punishment in accordance with Sections 1.01.200 to 1.01.240 of this Code, for any person-- natural or corporate--owing, possessing, occupying, or controlling any lands or premises subject to the provisions of this Chapter to fail to perform the duty set forth in Section 6.16.020 of this Chapter, or to fail to comply with the requirements in the 'Notice to Remove and Abate' as specified in Section 6.16.040 of this Chapter or to interfere with the performance of the duties herein specified for any of the officers designated in this Chapter or their deputies, or to refuse to allow any such officer or their deputies or employees, or approved private contractors, to enter upon any premises for the purpose of inspecting and/or removing any 'Hazardous Vegetation' hereinbefore described, or to interfere in any manner whatever with said officers of contractors in the work of inspections and removal herein provided. Said penalties are in addition to any civil or equitable remedies available to the City to enforce the provisions of this Chapter." SECTION 6. SEVERABILITY. 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. SECTION 7. EFFECTIVE DATE This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. SECTION 8. A summary of this Ordinance shall be published in a newspaper published and circulated in said City at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted at City Hall. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance. 3/Ords 91-18 -7- PASSED, APPROVED AND ADOPTED this 28th day of May, 1991. Ronald J. Parks, Mayor ATTEST: June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 91-18 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 23rd day of April, 1991, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 28th day of May, 1991, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, City Clerk 3lOrds 91-18 -8- ITEM NO. 17 · APPROVAL CITY ATTORNEY FINANCE OFFI CEP~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council City Manager May 28, 1991 Temecula Valley Unified School District (TVUSD) Bus Maintenance Facility PREPARED BY: R ECOMMENDAT ION: RACKGROUND: DISCUSSION: Gary Thornhill, Planning Director ENCOURAGE School District to work expeditiously to relocate bus facility; ~ AUTHORIZE City Staff to continue to work with TVUSD to identify and select an alternative site for the relocation of the bus maintenance facility. This matter was considered by the City Council on May 14, 1991, The Council directed the City Attorney and the Planning Director to come back to the Council on May 28 with recommendations regarding a timely abatement and elimination of the problems existing at the current facility, The Council further directed Staff to transmit a letter to the Board of Directors of the TVUSD outlining the Council's concerns, Since the May 14 meetin9, Staff met with John Brooks (TVUSD Assistant Superintendent, Bus. ) of the District with respect to the School District's needs and to ascertain what progress had been made relative to the issue. Mr. Brooks indicated that the School District was considering several options. As an interim solution. the District is proposing to grade and pave an area on the High School site (located directly across the street from the existing facility) to accommodate the parking of the buses, Mr. Brooks expects this to be completed by the start of school in the fall. A: TVUSD 1 In terms of a long-term solution, the District has engaged the services of a couple of real estate firms to find a long term maintenance facility in a more appropriate location. Potential sites include: The Silverhawk project (off of Winchester Road), the Sunland property (east of Redhawk), and the Butterfield Road/Highway 79 and the Anza/Highway 79 areas. In addition, t~e District is exploring a joint use agreement with the Murrieta School District, leasing options, and the use of parking lots adjacent to existing school facilities owned by the District. Mr. Brooks indicated that the District required a site at least four acres net in size and would need to construct a "butler" type metal shed and fuel storage tanks for maintenance purposes. After obtaining this information, City Staff began to assess the Oistrict's proposal in terms of land use. compatibility and zoning. In addition, Staff explored a number of other alternative locations. With respect to the School District's options, Staff has the following comments: Interim Use of the Hiqh School property. This appears, on the surface, to be a better solution than the existing situation in that it would relocate the buses several hundred yards away from the existing facilities and would better mitigate noise and odor related problems. However, in Staff's opinion, the use is still incompatible with existing residential uses and the buses would still have to be serviced at the present facilities. Lonq Term Joint use of Murrieta School District facilities. The District has had meetings with the Murrieta School District relative to common use of facilities. However, in order to accommodate both districts, a new site would have to be found. Staff recommends that School District continue to investigate this option, provided that the property is appropriately zoned. Locatinq permanent facilities near Redhawk, Butterfield Road/Highway 79, and Anza/Highway 79 areas. It appears that the District has focused on the eastern side of the Freeway for their preferred location of a permanent facility. This, in Staff's A:TVUSD 2 opinion, presents a problem in that nearly all of the land uses in the vicinity of these areas are residential, and therefore, not likely to be compatible with the proposed use. It is Staff's opinion that the proposed parking and maintenance facilities are more appropriate in heavy commercial or industrial zones. The Silverhawk facility, according to the District, would be located adjacent to industrial and/or commercial uses in the French Valley area. This site appears to have considerable merit as a long term solution, although it is located quite some distance from the TVUSD service area. In addition to evaluating the District's various alternatives, Staff explored a number of alternative locations. After reviewing the City Zoning Maps, Staff concluded that, for the most part, the only viable areas for the proposed use were located to the west of 1-15. Staff then targeted a number of potential sites and contacted said property owners or representatives relative to their interest in leasing or selling property for the. proposed use. While Staff did receive some positive responses on some properties, no responses on others, and varying degrees of interest on others, no commitments have been made on the part of any of the properties targeted. The most feasible sites [in Staff's opinion) are as follows: Property located to the west of the Halstead Corporation [Diaz Road) and east of the EMWD sewer plant. This land is relatively flat, would require minimal grading, and would be suitable for both long and short term use. Bedford property located south and west of the above site. This land is also relatively flat [some grading required) and is suitable for both long and short term use. However, current access to the site via Business Park Drive would be a constraint; alternative access would be required in order for this to be a feasible alternative. Bedford property located west of 1-15, south of Hiqhway 79/Front Street. This site has good potential for short term use. However, because of the uncertainty over future road improvement requirements in this area [the Western Corridor Road, if approved, may require right-of-way dedications from the property), special design A:TVUSD 3 precautions would have to be implemented. For this reason, long term utility is unknown. Miscellaneous { ownership not yet known ) proper'ties located alonq lower Front Street south of Santiago Road adjacent to Murrieta Creek. These properties have good potential; however, there are unresolved flood control issues relative to Murrieta Creek which could prove to be problematic for development of the properties. Staff has relayed these recommendations to TVUSD personnel, and efforts are being made to further explore these options. The remaining issue for which Staff action was required was transmission of a letter from the City to the Temecula Valley Unified School District outlining the Council's concerns. The letter was prepared and mailed to the District, as directed by the Council. CT:ks A: TVUSD 4 ITEM NO. 18 APPROVAL CITY ATTORNEY FIN CE oF IC CITY MANAGER ~/~~-- TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Joe Hreha, Manager of Information System~/,('~'~-//'~~ May 28, 1991 WASTE MANAGEMENT FRANCHISE RECOMMENDATION: That the City Council: Adopt the attached Resolution granting an exclusive franchise to CR&R Incorporated, DBA Temecula Environmental, for the collection, transportation, recycling, composting, and disposal of solid waste and construction debris and for providing temporary bin/rolloff services in all commercial, residential, construction, and industrial areas within the City of Temecula. DISCUSSION: At its January 15, 1991 meeting, the City Council approved and authorized the issuance of a residential and commercial collection, disposal, and recycling of solid waste Request For Proposal (RFP). On February 12, 1991, a pre-bid conference was conducted by Staff for all interested bidders. At its February 19, 1991 meeting, Mary Jane Henry, Joe Hreha, and Councilmembers Moore and Lindemens were appointed to the Integrated Waste Management RFP Review Committee. Seven RFPs were received on the March 8, 1991 deadline, publicly opened, and were made available for public review. At its May 7, 1991 meeting, the City Council directed Staff to negotiate an exclusive franchise with CR&R Incorporated. The attached Resolution is hereby submitted for the City Council's adoption. FISCAL IMPACT: None. ATTACHMENT: Resolution No. ~ with attached Franchise Agreement RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA GRANTING AN EXCLUSIVE FRANCHISE TO CR&R INCORPORATED, DBA TEMECULA ENVIRONMENTAL, FOR THE COLLECTION, TRANSPORTATION, RECYCLING, COMPOSTING, AND DISPOSAL OF SOLID WASTE AND CONSTRUCTION DEBRIS AND FOR PROVIDING TEM/~RARY BIN/ROLLOFF SERVICES IN ALL COMMERCIAL, RESIDENTIAL, CONSTRUCTION, AND INDUSTRIAL AREAS WITHIN THE CITY OF TEMECULA WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 CAB 939"), has declared that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste and construction debris handling within their jurisdictions; and WHEREAS, pursuant to California Public Resources Code Section 40059(a)(1), the City Council of the City of Temecula ("City") has determined that the public health, safety, and well-being require that an exclusive franchise be awarded to a qualified enterprise for the collection, transportation, recycling, composting, and disposal of solid waste and construction debris and for providing temporary bin/rolloff services in residential, commercial, construction, and industrial areas in the City of Temecula; and WHEREAS, the City Council of the City of Temecula declares its intention of maintaining reasonable rates for the collection, transportation, recycling, cornposting, and disposal of solid waste and construction debris and for providing temporary bin/rolloff services within City limits; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. The City Council hereby grants an exclusive franchise, as provided in the attached Franchise Agreement, pursuant to Chapter 6.10 of the Temecula Municipal Code (hereinafter, "Chapter 6.10") and California Public Resources Code Section 40059(a)(1) to CR&R Incorporated, dba Temecula Environmental, for the collection, transportation, recycling, composting, and disposal of solid waste and construction debris and for providing temporary bin/rolloff services in commercial, residential, construction, and industrial areas within the City of Temecula. The exclusivity of this Franchise Agreement is subject to any of the terms of any pre-existing solid waste, construction debris, or temporary bin/rolloff service licenses, permits, or Resolutions previously granted by the County of Riverside or the City of Temecula. SECTION 2. The City Council hereby authorizes the Mayor to execute the attached Franchise Agreement and the City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 28th day of May, 1991. ATTEST Ronald J. Parks, Mayor June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 28th day of May, 1991 by the following vote of the Council: AYES: X COUNCILMEMBERS: NOES: X COUNCILMEMBERS: ABSENT: X COUNCILMEMBERS: June S. Greek, City Clerk AGREEMENT BETWEEN THE CITY OF TEMECULA AND CR&R INCORPORATED, DBA TEMECULA ENVIRONMENTAL, FOR THE COLLECTION, TRANSPORTATION, RECYCLING, COMPOSTING, AND DISPOSAL OF SOLID WASTE AND CONSTRUCTION DEBRIS AND FOR PROVIDING TEMPORARY BIN/ROLLOFF SERVICES This Franchise Agreement ("Franchise Agreement") is entered into this 28th day of May, 1991, by and between the CITY OF TEMECULA ("City") and CR&R Incorporated, dba Temecula Environmental, ("Grantee"), for the collection, transportation, recycling, cornposting, and disposal of solid waste and construction debris and for providing temporary bin/rolloff services. RECITALS WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 CAB 939"), has declared that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste and construction debris handling within their jurisdictions; and WHEREAS, pursuant to California Public Resources Code Section 40059(a)(1), the City Council of the City of Temecula ("City") has determined that the public health, safety, and well-being require that an exclusive franchise be awarded to a qualified enterprise for the collection, transportation, recycling, composting, and disposal of solid waste and construction debris and for providing temporary bin/rolloff services in residential, commercial, construction, and industrial areas in the City of Temecula; and WHEREAS, the City Council of the City of Temecula declares its intention of maintaining reasonable rates for the collection, transportation, recycling, cornposting, and disposal of solid waste and construction debris and for providing temporary bin/rolloff services within City limits; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: SECTION 1. GRANT OF COMMERCIAL. RESIDENTIAL. CONSTRUCTION. INDUSTRIAL, AND TEMPORARY BIN EXCLUSIVE FRANCHISE. This Franchise Agreement grants an exclusive franchise as provided herein and pursuant to Chapter 6.10 of the Temecula Municipal Code (hereinafter, "Chapter 6.10") and California Public Resources Code Section 40059(a)(1) to CR&R Incorporated, dba Temecula Environmental, for the collection, transportation, recycling, composting, and disposal of solid waste and construction debris and for providing temporary bin/rolloff services in commercial, residential, construction, and industrial areas within the City of Temecula. The exclusivity of this Franchise Agreement is subject to any of the terms of any pre-existing solid waste, construction debris, or temporary bin/rolloff service licenses, permits, or Resolutions previously granted by the County of Riverside or the City of Temecula. SECTION 2. DEFINITIONS. Whenever any term used in this Franchise Agreement has been defined by Chapter 6.10 of the Temecula Municipal Code or Division 30, Part 1, Chapter 2 of the California Public Resources Code, the definitions in the Municipal Code or Public Resources Code shall apply unless the term is otherwise defined in this Agreement. A. AB 939. "AB 939" shall mean the California Integrated Waste Management Act of 1989, as it may be amended from time to time. B. Bins. "Bins" shall mean those containers provided by Grantee for commercial, industrial, construction, and multi-family residential uses. Bins are of two types: (i) Bins (usually 3 cubic yards in size) which are picked up by refuse trucks by means of front loading apparatus; and (ii) Rolloff Bins (usually 40 cubic yards in size) which are picked up by trucks using rear loading winches onto rails. 2 C. City Limits. "City Limits" means the boundaries of the City together with all amendments and changes thereto, which boundaries are shown by maps incorporated herein by reference and which are on file in the office of the City Clerk of the City Council. D. Grantee. "Grantee" means CR&R Incorporated, dba Temecula Environmental, the entity granted the Franchise pursuant to this Franchise Agreement. E. Special Wastes. "Special Wastes" shall mean all the items and materials which are set forth on Exhibit "B," "Special Wastes." SECTION 3. ACCEPTANCE: WAIVER. Grantee agrees to be bound by and comply with all the requirements of Chapter 6.10 and this Franchise Agreement. Grantee waives Grantee's right to challenge the terms of this Franchise Agreement and Chapter 6.10 under Federal, State or local law, or administrative regulation, as such laws and regulations exist as of the date of execution of this Agreement. Grantee waives any right or claim to serve the City or any part of the City under any prior grant of franchise, contract, license, or permit issued or granted by any governmental entity including any right under Section 49520 of the Public Resources Code. SECTION 4. FRANCHISE AREA. A. Franchise Area Defined. The Franchise Area granted by this Franchise Agreement shall be all residential, commercial, industrial, and construction premises. As provided below, the Franchise Area may be changed by annexation. B. Annexation Covered by Existing Franchise. Territory annexed to the City that is covered by an existing solid waste or construction debris permit, license, agreement, or franchise granted by another public entity may continue to be served by the same grantee for the balance of the term of its permit, license, agreement, or franchise, subject to the provisions of Chapter 6.10, and the provisions of this Franchise Agreement. SECTION 5. SERVICES PROVIDED BY GRANTEE. A. General. Grantee shall provide the collection, transportation, recycling, cornposting, and disposal of solid waste and construction debris and for providing temporary bin/rolloff services within the Franchise Area in accordance with the terms of this Franchise Agreement and Chapter 6.10. B. Single Family Residential. (1) Weekly Service. Once each week Grantee shall collect the solid waste, compostables, and recyclables (except bulky items and household hazardous waste) which have been placed, kept, or accumulated in containers at single family detached residences within the Franchise Area and placed at curbside prior to Grantee's normal weekly collection time. All solid waste, compostables, and recyclables must be placed within containers curbside without obstructions so as to permit collection. Once each week Grantee shall collect the solid waste, compostables, and recyclables (except bulky items and household hazardous waste) which have been placed, kept, or accumulated in containers at single family attached residences that are billed directly by the Grantee within the Franchise Area and placed at curbside prior to Grantee's normal weekly collection time. City agrees to use its best efforts to enforce parking and other ordinances so as to facilitate this curbside collection system. Grantee may negotiate special pickup procedures, above and beyond the normal services described above, with customers for an additional fee in an amount provided in Exhibit "D." (2) Bulky Item and Household Hazardous Waste Services. Twice during each calendar year, every residential customer receiving container service shall be provided, by the Grantee, a bulky item pickup (maximum of two items per pickup) which have been placed at curbside in residential areas within the Franchise Area, e.g., refrigerator, washer 4 and dryer, sofa, etc. Grantee shall provide temporary bin/rolloff services to customers for numerous items from annual cleanups, moving, extensive yard work, minor construction projects, etc. Residents shall be required to provide the Grantee with a seven day notice requesting this bulky item service. Grantee shall be responsible with recording residential bulky item pickup requests. Bulky item pickups exceeding the two per calendar year per residential container customer shall be charged an additional fee in an amount provided in Exhibit "D." Semiannually, on dates designated by City as "Residential Household Hazardous Waste Roundup Day," Grantee shall conduct a residential household hazardous waste roundup at a central location designated by the City. Grantee shall accept only those non-permit required household hazardous wastes that are all recyclable, i.e. to date, waste oil, water base paint, antifreeze, and lead/acid batteries. Therefore, no disposal fees shall be incurred and as such, charged to the City. Grantee agrees to prepare all applications and manifests and to obtain all necessary approvals. City shall not be designated as the generator. Semiannually, the County of Riverside shall provide a Mobile Household Hazardous Waste Collection Program designed to collect not only non-permit required household hazardous wastes but also permit required household hazardous wastes, e.g., pesticides, herbicides, oil base paint, etc. These County and Grantee roundups should be coordinated in an effort to provide all residents with non-permit required roundups once each calendar quarter and permit required roundups semiannually. Grantee shall produce, keep current, and provide public education materials specifically outlining the bulky item pickups and household hazardous waste roundups. C. Commercial. Industrial. and Multi-Family Residential. (1) Multi-Family Weekly Service. Not less often than once per week, and more frequently if required to handle the waste stream of the premises where the bins are located, Grantee shall collect the solid waste (including bulky items which have been placed in a closed bin), compostables, and recyclables (except household hazardous waste) which have been placed for collection in solid waste or recycling bins. (2) Bulky Item and Household Hazardous Waste Services. Grantee shall provide bulky item services to multi-family residences as described in 5C(1) above; however, special consideration shall be provided by Grantee for those bulky items that are impractical and unreasonable to 5 place in a bin. Grantee shall coordinate with individual property managers of multi-family residences to effect the bulky item services (maximum of four items per resident per calendar year) to the respective residents of the complex. The same household hazardous waste services provided, pursuant to Section 5B(2) above for container service residences, shall be made available to all multi-family residents in the Franchise Area. (3) Commercial and Industrial Weekly Service. Not less often than once per week, and more frequently if required to handle the waste stream of the premises where the bins are located, Grantee shall collect the solid waste, compostables, and recyclables which have been placed for collection in solid waste or recycling bins. (4) Grantee shall conduct a waste audit of all contracted commercial and multi-family accounts to determine their recyclable content, prior to services being rendered. The process used to conduct this waste audit shall be shared with the City of Temecula, the City of Perris, and the County to ensure permit compliance and acceptance. Those accounts that contain a significant recyclable content shall be processed through the Perds Recycling Processing Center that currently processes salvaged separated materials for reuse. Customers achieving this content, or higher, shall only be charged the service rates that appear in Exhibit "D," paragraph D 5. Those accounts that do not satisfy the content level, shall have their waste stream disposed of at the landfill and shall only be charged the service rates that appear in Exhibit "D,", paragraph D 5. However, if these customers desire to commence a source separated recycling program, a recycling container shall be provided by Grantee and customers shall be charged the additional service rates reflected in Exhibit "D," paragraph D 6. Once Grantee's or an appropriate recovery facility is operational to accept the entire waste stream, customers shall only be charged the service rates reflected in Exhibit "D," paragraph D 5, and the source separated recycling rates in Exhibit "D," paragraph D 6 will become a customer option. D. Construction and Temporary Bin/Rolloff Services. Grantee shall provide construction and temporary bin/rolloff services using rates reflected in Exhibit "D." E. Recycling Program. The Grantee shall provide recycling services in the Franchise Area in accordance with the terms set forth in Exhibit "C", and the rates set forth in Exhibit "D." 6 F. Street Sweeping. Grantee shall provide all labor, materials, equipment (described in Section 21), and permits required to conduct public street sweeping services in accordance with accepted standards for municipal street cleaning. The term "street" shall mean the paved area between the normal curb line of a roadway, whether an actual curb line exists or not. It does not include any roadways that would cause damage to the equipment used. It does not include sidewalks, areas adjacent to the roadway, or parking lots other than the parking lots specified below. The term debris shall mean all materials normally picked up by a mechanical sweeper, such as sand, glass, paper, cans, rocks, leaves, and other materials. Sections 8, 12 though 15, 17 through 23, and 25 though 27 equally apply to street sweeping services as well as the collection, transportation, recycling, composting, and disposal of solid waste and construction debris and providing temporary bin/rolloff services. Failure to provide efficient and effective street sweeping services shall be considered as a material breach of this Franchise Agreement. (1) Weekly Service. Grantee shall sweep and remove all debris from all commercial, industrial, and residential public streets including all curbs and medians, and City public parking lots currently owned and maintained by the City in the Franchise Area and future areas obtained through annexation, free of charge. Commercial and industrial streets shall be swept in accordance with a schedule prepared by Grantee. Residential streets shall be swept on the same day as the area's designated refuse collection day after all solid waste, recycling, and composting containers in the. area have been serviced. (2) Through the public education program, residents shall be encouraged not to park on residential streets on the day scheduled for solid waste curbside and street sweeping services. City may, at City's sole option, implement no parking zones, with or without a violation system, on scheduled solid waste curbside and street sweeping days if the public education program is deemed ineffective and the mechanized refuse collection and street sweeping services are adversely affected. (3) When necessary for proper cleaning, Grantee shall make more than one pass on a street without extra charge. Sweeping debris at a curb or median face to be a maximum depth of four (4) inches at the curb or median face and twenty (20) inches out from the curb or median face. Grantee shall immediately respond when notified by City to re- sweep unsatisfactory areas at no additional charge. 7 (4) Sweeping residential streets is authorized between the hours of 6:00 A.M. and 5:00 P.M., and commercial and industrial streets and City public parking lots shall be swept between the hours of 12:01 A.M. and 7:00 A.M., Monday through Saturday. Grantee shall notify the City Manager or designee when Grantee is prevented from performing effective sweeping services due to inclement weather. Sweeping services deferred due to inclement weather shall be completed the next regularly scheduled sweeping date, weather permitting. Grantee shall perform all extra work caused by inclement weather without charge to City. (5) Grantee shall dispose of all debris collected by hauling the same to legally established disposal areas. Transfer points for storage of debris must be approved by the City Manager or designee. Every effort shall be taken by Grantee to legally divert, as much as possible, the debris destined for disposal at a landfill. Grantee shall make arrangements with the local water authority for use of fire hydrants to obtain water necessary for the operation. Neither debris landfilling and water costs shall be charged to City. (6) Additional sweeping services requested by City that are above and beyond that which is described above, Grantee shall be paid by City at a rate of $65.00 per hour. G. Collection/Sweeping on Holidays. If the day of collection or street sweeping on any given route falls on a Holiday observed by the landfill or other lawful disposal site to which refuse or debris collected within the Franchise Area is taken for disposal, or recycling facility to which recyclables are taken, Grantee shall provide collection or sweeping services for such route on the workday next following such Holiday and shall not provide collection or sweeping services on such Holiday, except that Grantee shall never provide collection or sweeping services on New Year's Day, Thanksgiving Day, or Christmas Day. H. Additional Services. The following additional services are hereby provided to City, free of charge, by Grantee: (1) Grantee shall provide rolloff containers to any non-profit group, e.g. Boy Scouts, Girl's Clubs, churches, Earth Clubs, etc., free of charge, for the expressed purpose of the group collecting recyclable materials. Grantee shall pay these organizations top dollar for their recyclables they collect and deposit in the rolloff containers. 8 (2) Grantee shall assist and cooperate with City in organizing City cleanup days, free of charge. Grantee shall provide a total of twenty (20) bins (40 cubic yards), bin transportation, and pay all landfill fees for each load every calendar year, free of charge. (3) Grantee shall clean out any overflowing bins or enclosures within twenty-four (24) hours of notification by City, free of charge. Grantee shall work with the City Manager or designee in identifying continual problems in customer bins or enclosures. (4) Grantee shall pickup all Christmas trees on the first scheduled pickup day after New Year's Day. The trees shall be diverted from the landfill, either by deposit at a cornposting facility, a local winery, or grinding operation. (5) Grantee shall supply City and all Franchise Area schools with earthquake/catastrophe preparedness containers so that every student and municipal employee has the necessary supplies readily available should the need arise. (6) Grantee, at City's sole option, shall provide refuse collection and recycling to the following locations within the Franchise Area, at no charge to City or the entities listed: (a) City Fire Stations Co) City Police Stations (c) City Hall, City Public Buildings, and City Parks (d) All public school buildings in the Franchise Area I. Special Wastes. Grantee may, but is not required to, provide such collection, transportation, and disposal services for special wastes. Grantee may provide such services for special wastes if contracted to do so by customers under separate written contracts negotiated between Grantee and the customer generating such special wastes. A schedule of fees for these special waste services shall be approved by the City Manager. SECTION 6. FRANCHISE FEES. A Franchise Fee of eight percent (8%) of the Grantee's Gross Revenues, less landfill fees, shall be payable by Grantee to City 30 days after the close of each quarter of the Grantee's fiscal year. SECTION 7. REIMBURSEMENT OF CITY EXPENSES. The Grantee shall, within thirty (30) days after receipt from the City of a written itemization, reimburse the City for its reasonable costs of granting this Franchise Agreement to the extent not recovered by prepaid application fees, not to exceed Six Thousand Dollars ($6,000). SECTION 8. LETTER OF CREDIT; INSURANCE COVERAGE. A. Cash Bond. Contemporaneously with the execution of this Franchise Agreement, the Grantee shall deposit a cash bond in the sum of Ten Thousand Dollars ($10,000.00) in an interest bearing account. The cash bond shall be on terms acceptable to the City Attorney. The cash bond shall serve as security for the faithful performance by Grantee of all the provisions and obligations of this Franchise Agreement. (1) After thirty (30) days following Grantee's failure to pay the City an amount owing under this Franchise Agreement, the cash bond may be assessed by the City upon five (5) days prior written notice to the Grantee for purposes including, but not limited to: (a) Failure of Grantee to pay the City sums due under the terms of the Franchise Agreement. (b) Reimbursement of costs borne by the City to correct Franchise Agreement violations not corrected by Grantee, after due notice. (c) Monetary remedies or damages assessed against Grantee due to breach of the Franchise Agreement. 10 (2) The Grantee shall deposit a sum of money sufficient to restore the cash bond to the original amount within thirty (30) days after notice from the City that any amount has been withdrawn from the cash bond. B. Insurance Coverage. Contemporaneously with the execution of this Franchise Agreement, the Grantee shall deposit copies of insurance policies or endorsements evidencing the existence of policies of insurance required pursuant to this Franchise Agreement. SECTION 9. TERM: EXTENSIONS. A. The term of this Franchise Agreement shall be for ten (10) years, and shall commence on May 28, 1991, and expire on May 27, 2001. In the event that AB 939 goals are successfully accomplished and Grantee exceeds the performance standards contained in this Franchise Agreement, the City, upon the recommendation of the City Manager and approval of the City Council, shall extend the term of this Franchise Agreement for an additional ten (10) years. SECTION 10. FRANCHISE TRANSFERRABLE; CITY CONSENT REQUIRED A. The franchise granted by this Franchise Agreement shall not be transferred, sold, hypothecated, sublet, or assigned, nor shall any of the rights or privileges herein be hypothecated, leased, assigned, sold, or transferred, either in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest, or property therein, pass to or vest in any person, except the Grantee, either by act of the Grantee or by operation of law, without the prior written consent of the City expressed by Resolution. Any attempt by Grantee to assign this franchise without the consent of City shall be void. B. If the Grantee attempts to transfer the franchise prior to obtaining City consent, all of the profits or twenty-five percent (25%) of the Gross Revenues, from the date of attempted transfer until the date of City consent, whichever is greater, shall be returned to the customers on a pro rata basis. 11 C. The City shall not unreasonably withhold its consent to a transfer of the franchise granted by this Franchise Agreement. The City may impose conditions of approval on a Franchise Agreement transfer, including, but not limited to conditions requiring acceptance of amendments to Chapter 6.10 and this Franchise Agreement, and the payment of a transfer fee to the City. D. City consent is required for any change in control of Grantee. "Change in control" shall mean any sale, transfer, or acquisition of Grantee. Grantee is a corporation, and any acquisition of more than ten percent (1055) of Grantee's voting stock by a person, or group of persons acting in concert, who already owns less than 5055 of the voting stock, shall be deemed a change in control. E. Any change in control of the Grantee occurring without prior City approval shall constitute a material breach of this Franchise Agreement. SECTION 11. FRANCHISE TRANSFER: FEES. A. Any application for a franchise transfer shall be made in a manner prescribed by the City Manager. The application shall include a transfer fee in an amount to be set by City by a Resolution of the Council, to cover the cost of all direct and indirect administrative expenses including consultants and attorneys, necessary to adequately analyze the application and to reimburse City for all direct and indirect expenses. In addition, the Grantee shall reimburse the City for all costs not covered by the transfer fee. Bills shall be supported with evidence of the expense or cost incurred. The applicant shall pay such bills within thirty (30) days of receipt. B. These franchise transfer fees are over and above any franchise fees specified in this Franchise Agreement. SECTION 12. IMPOSITION OF DAMAGES OR TERMINATION A. If the City Manager determines that the Grantee's performance pursuant to this Franchise Agreement has not been in conformity with reasonable industry standards which are obtained in similar cities in Southern California, the provisions of this Franchise Agreement, the requirements of Chapter 6.10, the requirements of the California Integrated Waste Management Board, including, but not limited to, requirements for source reduction and recycling (as to the waste stream subject to this 12 Franchise Agreement) or any other applicable Federal, State, or local law or regulation, including but not limited to the laws governing transfer, storage, or disposal of special wastes, the City Manager may advise Grantee in writing of such deficiencies. The Manager may, in such written instrument, set a reasonable time within which correction of all such deficiencies is to be made. Unless otherwise specified, a reasonable time for correction shall be sixty (60) days from the receipt by the Grantee of such written notice. The City Manager shall review the Grantee's response and refer the matter to the City Council or decide the matter and notify the Grantee of that decision, in writing. A decision or order of the City Manager shall be final and binding on Grantee if the Grantee fails to file a "Notice of Appeal" with the City Manager within 30 days of receipt of the City Manager's decision. Within ten working days of receipt of a Notice of Appeal, the City Manager shall either refer the appeal to the City Council for proceedings in accordance with Section 12C-D, below, or refer the matter to a hearing officer as provided in Section 13, below. B. The City Council, in such case, may set the matter for hearing. The City Council shall give Grantee, and any other person requesting the same, fourteen (14) days written notice of the time and place of the hearing. At the hearing, the City Council shall consider the report of the City Manager indicating the deficiencies, and shall give the Grantee, or its representatives and any other interested person, a reasonable opportunity to be heard. C. Based on the evidence presented at the public hearing, the Council shall determine by Resolution whether the Franchise Agreement should be terminated or liquidated damages imposed. If, based upon the record, the City Council determines that the performance of Grantee is in breach of any material term of this Franchise Agreement or any material provision of any applicable Federal, State, or local statute or regulation, the City Council, in the exercise of its sole discretion, may terminate forthwith, the Franchise Agreement or impose liquidated damages, as defined below. The decision of the City Council shall be final and conclusive, subject to referral of the matter for an administrative hearing pursuant to Section 13, below. Grantee's performance under its franchise is not excused during the period of time prior to the City Council's final determination as to whether such performance is deficient. D. This right of termination or to impose liquidated damages is in addition to any other rights of City upon a failure of Grantee to perform its obligations under this Franchise Agreement. E. The City further reserves the right to terminate Grantee's franchise or impose liquidated damages in the event of any of the following: 13 (1) If the Grantee practices, or attempts to practice, any fraud or deceit upon the City. (2) If the Grantee becomes insolvent, unable, or unwilling to pay its debts, or upon listing of an order for relief in favor of Grantee in a bankruptcy proceeding. (3) If the Grantee fails to provide or maintain in full force and effect, the workers' compensation, liability, indemnification coverage, or cash bond as required by the Franchise Agreement. (4) If the Grantee willfully violates any orders or rulings of any regulatory body having jurisdiction over the Grantee relative to this Franchise Agreement, provided that the Grantee may contest any such orders or rulings by appropriate proceedings conducted in good faith, in which case no breach of the franchise shall be deemed to have occurred. (5) If the Grantee ceases to provide collection and street sweeping services as required under this Franchise Agreement over all or a substantial portion of its Franchise Area for a period of seven (7) days or more, for any reason within the control of the Grantee. (6) If the Grantee willfully fails to make any payments required under the Franchise Agreement and/or refuses to provide City with required information, reports, and/or test results in a timely manner as provided in the Franchise Agreement. (7) Any other act or omission by the Grantee which materially violates the terms, conditions, or requirements of this franchise, Chapter 6.10, the California Integrated Waste Management Act of 1989, as it may be amended from time to time or any order, directive, rule, or regulation issued thereunder and which is not corrected or remedied within the time set in the written notice of the violation or, if the Grantee cannot reasonably correct or remedy the breach within the time set forth in such notice, if the Grantee should fail to commence to correct or remedy such violation within the time set forth in such notice and diligently effect such correction or remedy thereafter. 14 LIQUIDATED DAMAGES. (1) The City finds, and the Grantee agrees, that as of the time of the execution of this Franchise Agreement, it is impractical, if not impossible to reasonably ascertain the extent of damages which shall be incurred by the City as a result of a material breach by Grantee of its obligations under this Franchise Agreement. The factors relating to the irapracticability of ascertaining damages include, but are not limited to, the fact that: (i) substantial damage results to members of the public who are denied services or denied quality or reliable service; (ii) such breaches cause inconvenience, anxiety, frustration, and deprivation of the benefits of the Franchise Agreement to individual members of the general public for whose benefit this Franchise Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) that services might be available at substantially lower costs than alternative services, and the monetary loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and (iv) the termination of this Franchise Agreement for such breaches, and other remedies are, at best, a means of future correction and not remedies which make the public whole for past breaches. (2) Accordingly, the City Council may, in its discretion, assess liquidated damages not to exceed the sum of Seven Hundred and Fifty Dollars ($750.00) per day, for each calendar day that service is not provided by Grantee in accordance with this Franchise Agreement. The amount of the liquidated damages shall be increased by the past year's consumer price index for the Los Angeles-Anaheim-Riverside area on March 1 and effective July 1 of each year. In addition, the Council may order the assessment against the cash bond required by Section 8A, above, the termination of the Franchise Agreement, or both. (3) The City finds, and the Grantee acknowledges and agrees that the above described liquidated damages provisions represent a reasonable sum in light of all of the circumstances. Said liquidated damages sums shall be applicable to each calendar day of delay during which Grantee has been found by the City Council to be in material default pursuant to this Section. The Grantee shall pay any liquidated damages assessed by the City Council within ten (10) days after they are assessed. If they are not paid within the ten (10) day period, the City may withdraw them from the security fund established by the cash bond required by Section 15 8A, above, order the termination of the franchise granted by this Franchise Agreement, or both. SECTION 13. ADMINISTRATIVE HEARING PROCEDURES. A. Should Grantee contend that the City is in breach of this Franchise Agreement, it shall file a request with the City Manager for an administrative hearing on the allegation. B. If either the City Manager or the City Council refers a matter to a hearing officer, or if the Grantee should allege a breach of the franchise by the City, City and Grantee shall mutually agree on a hearing officer. If agreement is not reached within twenty (20) working days of the filing of the notice of appeal, then Grantee shall select the hearing officer from a list of three potential hearing officers who are retired California Superior Court judges or Appellate Court justices, none of whom are related to the parties, prepared by the City Manager and approved by the City Council. C. The hearing shall be conducted according to California Code of Civil Procedure Section 1280, et seq. The exclusive venue shall be in Riverside County, California. A hearing officer to whom a matter is referred shall have the authority to (i) order the City or the Grantee to undertake remedial action to cure the breach and to prevent occurrence of similar breaches in the future; (ii) assess damages and/or levy a penalty upon the Grantee consistent with the terms of this Franchise Agreement; or (iii) find there has been no breach. If the hearing officer finds there has been no breach, such a decision precludes the City from conducting a default hearing. For any occurrence or series of related occurrences, the penalty may be up to Five Thousand Dollars ($5,000.00). The amount of the penalty shall be reasonably related to the seriousness of the breach of the Franchise Agreement. D. The party losing the hearing shall be liable for the hearing officer's fees. E. Any failure of the Grantee to comply with the hearing officer's order shall be deemed a material breach of the Franchise Agreement, and may be grounds for termination of the Franchise Agreement. F. The hearing officer shall commence the hearing within thirty (30) days of selection unless the parties and the hearing officer otherwise agree. Any party to the hearing may issue a request to compel reasonable document production from the 16 other party. Disputes concerning the scope of document production and enforcement of document requests shall be subject to agreement by the parties, or if agreement is not reached within twenty (20) days of that document request, then by disposition by order of the hearing officer. Any such document request shall be subject to the proprietary rights and rights of privilege of the parties, and the hearing officer shall adopt procedures to protect such rights. Except as may be otherwise specifically agreed by the parties, no other form of pretrial discovery shall be available to the parties; provided that if either party notifies the hearing officer that a material violation of the franchise or rights in connection therewith is claimed by either party, the provisions of Code of Civil Procedure Section 1283.05 shall apply. G. Neither party may communicate separately with the hearing officer after the hearing officer has been selected. All subsequent communications between a party and a hearing officer shall be simultaneously delivered to the other party. This provision shall not apply to communications made to schedule a hearing or request a continuance. H. Until final judgment is entered from the hearing officer proceeding under the foregoing provisions and the time for appeal or other post-judgment petition has expired, the imposition or enforcement of any penalties or sanctions provided in the Franchise Agreement and related to the subject matter of the hearing shall be stayed. The hearing officer may modify or cancel any proposed penalties or sanctions upon a finding that the party subject thereto acted with substantial justification or if the interests of justice so require. I. Any party to a hearing may petition the Superior Court in Riverside County, California to confirm, correct, or vacate the award on the grounds stated in the General Arbitration Act. Any proceedings on appeal shall be in accordance with Code of Civil Procedures § 1294 and § 1294.2. SECTION 14. CITY'S ADDITIONAL REMEDIES. In addition to the remedies set forth in Sections 12-13, above, City shall have the following rights: A. To rent or lease equipment from Grantee for the purpose of street sweeping and collecting, transporting, recycling, composting, and disposing of solid waste and construction debris and providing temporary bin/rolloff services which Grantee is obligated to sweep City streets and collect, transport, recycle, compost, 17 and dispose of solid waste and construction debris and provide temporary bin/rolloff services pursuant to this Franchise Agreement, for a period not to exceed six (6) months. In the case of equipment not owned by Grantee, Grantee shall assign to City, to the extent Grantee is permitted to do so under the instruments pursuant to which Grantee possesses such equipment, the right to possess the equipment. If City exercises its rights under this Section, City shall pay to Grantee the reasonable rental value of the equipment so taken for the period of City's possession thereof; B. The right to license others to perform the services otherwise to be performed by Grantee hereunder, or to perform such services itself; and C. The right to obtain damages and/or injunctive relief. Both parties recognize and agree that in the event of a breach under the terms of this Franchise Agreement by Grantee, City may suffer irreparable injury and incalculable damages sufficient to support injunctive relief, to enforce the provisions of this Franchise Agreement and to enjoin the breach thereof. SECTION 15. RIGHTS OF CITY TO PERFORM DURING EMERGENCY. A. Should Grantee, for any reason whatsoever, except the occurrence or existence of any of the events or conditions set forth in Section 27A, "Force Majeure," below, refuse or be unable to provide street sweeping services and collect, transport, recycle, compost, and dispose of solid waste and construction debris and provide temporary bin/rolloff services any or all of the refuse, compostables, and recyclables which it is obligated under this Franchise Agreement for a period of more than seventy-two (72) hours, and if as a result thereof, debris, refuse, compostables, recyclables, and construction debris should accumulate in City to such an extent, in such a manner, or for such a time that the City Manager should find that such accumulation endangers or menaces the public health, safety, or welfare, then in such event City shall have the right, upon twenty-four (24) hour prior written notice to Grantee, during the period of such emergency, to temporarily take possession of any or all equipment and facilities of Grantee previously used in providing street sweeping services and the collection, transportation, recycling, composting, and disposal of solid waste and construction debris and provide temporary bin/rolloff services under this Franchise Agreement, and to use such equipment and facilities to sweep City streets and to collect, recycle, compost, and transport any or all debris, refuse, compostables, recyclables, and construction debris and provide temporary bin/rolloff services which Grantee would otherwise be obligated to sweep, collect, recycle, compost, transport, and dispose of solid waste and construction debris and provide 18 temporary bin/rolloff services pursuant to this Franchise Agreement. Grantee agrees that in such event it shall fully cooperate with City to effect such a transfer of possession for City's use. B. Grantee agrees that, in such event, City may take temporary possession of and use all of said equipment and facilities without paying Grantee any rental or other charge, provided that City agrees that, in such event, it assumes complete responsibility for the proper and normal use of such equipment and facilities. City agrees that it shall immediately relinquish possession of all of the above mentioned property to Grantee upon receipt of written notice from Grantee to the effect that it is able to resume its normal responsibilities under this Franchise Agreement. SECTION 16. PRIVACY. A. Grantee shall strictly observe and protect the rights of privacy of customers. Information identifying individual customers or the composition or contents of a customer's waste stream shall not be revealed to any person, governmental unit, private agency, or company, unless upon the authority of a court of law, by statute, or upon valid authorization of the customer. This provision shall not be construed to preclude Grantee from preparing, participating in, or assisting in the preparation of waste characterization studies or waste stream analyses which may be required by AB 939. B. Grantee shall not market or distribute, outside the normal course of its business, mailing lists with the names and addresses of customers. C. The rights accorded customers pursuant to this Section shall be in addition to any other privacy right accorded customers pursuant to Federal or State law. SECTION 17. REPORTS AND ADVERSE INFORMATION. A. Annual Reports. The City, pursuant to Resolution adopted at least sixty (60) days before the close of Grantee's fiscal year, may require that within sixty (60) days after the close of Grantee's fiscal year, the Grantee shall submit a written annual report, in a form 19 approved by the City, including, but not limited to, the following information: (1) A summary of the previous year's (or, in the case of the initial report year, the initial year's) activities including, but not limited to, services begun or discontinued during the reporting year, and the number of customers for each class of service; (2) A report, in a form satisfactory to the City, on the City's progress in meeting and maintaining its ability to meet its goals under AB 939, along with any recommended changes. (3) A revenue statement, setting forth quarterly Franchise Fees and the basis for the calculation thereof, certified by an officer of the Grantee; (4) A list of Grantee's officers and members of its board of directors. (5) A list of stockholders or other equity investors holding five percent (5%) or more of the voting interest in the Grantee and any subsidiaries unless Grantee is a public corporation whose annual reports are publicly available. B. Adverse Information. Grantee shall provide City two copies of all reports, or other material adversely affecting the Franchise Agreement, submitted by Grantee to the EPA, the California Integrated Waste Management Board, or any other Federal or State agency. Copies shall be submitted to City simultaneously with Grantee's filing of such matters with said agencies. Grantee's routine correspondence to said agencies need not be automatically submitted to City, but shall be made available to City upon written request, as provided in Section 26, below. (1) The Grantee shall submit to City copies of all pleadings, applications, notifications, communications, and documents of any kind, submitted by the Grantee to, as well as copies of all decisions, correspondence, and actions by, any Federal, State, and local courts, regulatory agencies, and other government bodies relating specifically to Grantee's performance of services pursuant to this Franchise Agreement. Any confidential data exempt from public disclosure shall be retained in confidence by the City and its authorized agents and shall not be made available for public inspection. 20 (2) Grantee shall submit to the City such other information or reports in such forms and at such times as the City may reasonably request or require. (3) All reports and records required under this or any other section shall be furnished at the sole expense of the Grantee. (4) A copy of each of Grantee's annual and other periodic public financial reports and those of its parent, subsidiary, and affiliated corporation and other entities, as the City requests, shall be submitted to the City within thirty (30) days after receipt of a request. C. Failure to Report. The refusal, failure, or neglect of the Grantee to file any of the reports required, or the inclusion of any materially false or misleading statement or representation made knowingly by the Grantee in such report shall be deemed a material breach of the Franchise Agreement, and shall subject the Grantee to all remedies, legal or equitable, which are available to the City under the Franchise Agreement or otherwise. SECTION 18. ANNUAL REVIEW OF PERFORMANCE AND OUALITY OF SERVICE. A. At City's sole option, within ninety (90) days of the first anniversary of the effective date of this Franchise Agreement, and each year thereafter throughout the term of the Franchise Agreement, City may hold a public heating at which the Grantee shall be present and shall participate, to review the Grantee's performance and quality of service. The reports required by this Franchise Agreement regarding customer complaints shall be utilized as the basis for review. In addition, any customer may submit comments or complaints during the review meetings, either orally or in writing, and these shall be considered. B. Within thirty (30) days after the conclusion of the public hearing, City shall issue a report with respect to the adequacy of performance and quality of service. If any noncompliance with the franchise is found, City may direct Grantee to correct the inadequacies in accordance with Sections 12 and 13, above. 21 SECTION 19. SYSTEM AND SERVICES REVIEW. A. To provide for technological, economic, and regulatory changes in street sweeping and waste stream collection and recycling, to facilitate renewal procedures, to promote competition in the sweeping, refuse, and recycling industry, and to achieve a continuing, advanced sweeping, refuse collection, and recycling system, the following system and services review procedures are hereby established: B. At City's sole option, City may hold a public hearing on or about the second anniversary date of the Franchise Agreement at which the Grantee shall be present and shall participate, to review the sweeping, refuse collection, and recycling system and services. Subsequent system and services review hearings may be scheduled by City each two (2) years thereafter. It is City's intent to conduct any system and services review concurrently with any Annual Review of Performance and Quality of Service as provided for in Section 18, above. C. Sixty (60) days after receiving notice from the City, Grantee shall submit a report to City indicating the following: (1) All street sweeping, refuse collection, composting, and recycling services reported in street sweeping, refuse collection, and recycling industry trade journals that are being commonly provided on an operational basis, excluding tests and demonstrations, to communities in the United States with comparable populations, that are not provided to City; and (2) Changes recommended to improve the City's ability to meet the goals of AB 939 and to keep City streets clean and free of debris. (3) Any specific plans for provision of such new services by the Grantee, or a justification indicating why Grantee believes that such services are not feasible for the Franchise Area. D. Topics for discussion and review at the system and services review hearing shall include, but shall not be limited to, services provided, feasibility of providing new services, application of new technologies, customer complaints, rights of privacy, amendments to the Franchise Agreement, developments in the law, new initiatives for meeting or exceeding AB 939's goals and regulatory constraints. E. City and the Grantee may each select additional topics for discussion at any systems and services review hearing. 22 F. Not later than sixty (60) days after the conclusion of each system and service review hearing, City shall issue a report. The report shall include a listing of any street sweeping, refuse collection, and recycling services not then being provided to City that are considered technically and economically feasible by City. City may require Grantee to provide such services within a reasonable time, for reasonable rates and compensation. SECTION 20. COMPENSATION. A. Grantee Rates. Grantee shall provide the services described in this Franchise Agreement in accordance with the rates fixed by City from time to time, all as described as set forth in the Exhibit "D," "Schedule of Rates." B. Modification and Adjustment of Rates. Except as provided in Exhibit "D," the rates set forth on Exhibit "D" shall remain in effect until adjusted by City by a Resolution of the City Council. C. Notice of Rate Increases: The Grantee shall provide the City and customers, at least thirty (30) days in advance of the beginning of a billing period, written notice of the implementation of changes in any of its rates and charges which are not subject to regulation by the City. The notice shall include a statement of the reasons for the rate increase. D. Resolution of Disputes Regarding Rate Adjustments: Any dispute regarding the annual "CPI" and Landfill Tipping Fee adjustment, or the computation thereof, described in Exhibit "D," or any other dispute regarding Grantee's reimbursement for fees, special services, or extraordinary costs described in Exhibit "D," shall be decided by the City Manager, or referred by the Manager to the City Council, or to a hearing officer as provided in Section 13 above. The rates in effect at the time such dispute is submitted to the City Manager, City Council, or a hearing officer shall remain in effect pending resolution of such dispute. The effective date of any dispute resolution, whether retroactive or prospective, shall reasonably be determined by the City Manager, City Council, or the hearing officer, as appropriate. 23 E. Billing and Payment: (1) Grantee may bill all customers not subject to a parcel charge or beyond the scope of the parcel charge, discussed below, for all services, whether regular or special. Grantee shall provide itemized bills, distinctly showing charges for all classifications of services, including the charges for late payment. The Grantee shall not designate that portion of a customer's bill attributable to the franchise fee as a separate item on customers' bills. Billings may be made monthly in advance for commercial and all bin service customers, and may be made three (3) months in advance for residential customers. (2) City has elected to bill residents of single family attached homes for standard refuse collection and recycling through a parcel charge. Therefore, Grantee shall be paid on January and July for the premises served. Retroactive adjustments shall be made on the basis of addresses of premises added and the date added. Premises ordered after the first of the month shall be charged on a prorated thirty (30) day/monthly basis. In no event, shall City be required to use its general fund to support the parcel charge system. F. Delinquent Accounts. Grantee may discontinue service as set forth in this Section. Persons who have not remitted required payments within 30 days after the date of billing shall be notified on forms approved by City. Said forms shall contain a statement that services may be discontinued 15 days from the date of notice if payment is not made before that time. Upon payment of the delinquent, redelivery, or reinstatement fees, if applicable, Grantee shall resume collection on the next regularly scheduled collection day. G. Refunds. Grantee shall refund to each customer, on a pro rata basis, any advance service payments made by such customer for service not provided when service is discontinued by the customer. SECTION 21. COLLECTION AND STREET SWEEPING EQUIPMENT. A. Grantee shall provide an adequate number of vehicles and equipment for street sweeping services and the collection, transportation, recycling, and disposal of solid waste for which it is responsible under this Franchise Agreement. The equipment of Grantee used under this Franchise Agreement shall be subject to inspection by City on a semiannual basis but shall not be subject to any permit fees therefor. 24 (1) All vehicles used by Grantee under this Franchise Agreement shall be registered with the Department of Motor Vehicles of the State of California, shall be kept clean and in good repair, shall be uniformly painted, and shall be brand new vehicles. A sufficient supply of parts, brooms, etc., must be kept on hand to ensure timely and continuous fulfillment of this Franchise Agreement. (2) Grantee agrees to provide two brand new street sweepers at the commencement of weekly service. One heavy duty broom model for developing and difficult to sweep areas and one heavy duty regenerative air sweeper for developed areas suitable for air sweeping. (3) All bins and containers provided shall be brand new. The three cubic yard bins provided shall be brand new steel bins with plastic lids. (4) Grantee has agreed to name the specific organization that shall provide all of the services under this Franchise Agreement as "TEMECULA ENVIRONMENTAL." This name shall be used for all correspondence, billing statements, directory listings, references, signs, vehicle identification, etc. The words "Owned and Operated by CR&R Incorporated" is authorized. (5) Solid waste collection vehicles shall be washed at least once every seven (7) calendar days. Street sweepers shall be washed either before or after its daily route. Street sweepers must be equipped with an efficient water spray system, if applicable, for dust control and the spray system must be maintained in excellent operating condition. (6) "Temecula Environmental", a local or toll free telephone number, and vehicle number shall be visibly displayed on all vehicles in letters and figures no less than five inches (5") high. All refuse collection vehicles and street sweepers shall display the words "Serving the City of Temecula" in letters no less than eight inches (8") high. All vehicles shall display the seal of the City of Temecula, in a figure at least twelve inches (12") in diameter. (7) All vehicles, high visibility bins, rolloffs, earthquake/catastrophe preparedness containers, and the residential container designated as the refuse container shall display the Orange County Solid Waste Haulers Anti-Drug Campaign decal. The decal on the residential refuse container shall be located on the side of the container that will face the street when 25 placed at curbside. The small inscription area on the top of all of the residential containers shall be labeled as follows: refuse container - "Property Of The City Of Temecula," recycling container - "Recyclin~ - Everyones' Responsibility," and the greenwastes container - "25% By 1995 - 50% By 2000." SECTION 22. PUBLIC ACCESS TO GRANTEE. A. Office Hours. Grantee's office hours shall be, at a minimum, from 8:00 A.M. to 5:00 P.M. daily, on all collection days. A representative of Grantee shall be available during office hours for communication with the public at Grantee's principal office. In the event that normal business cannot be rectified over the telephone, a representative of Grantee shall agree to meet with the public at a location agreeable to Grantee and the public. Normal office hours telephone numbers shall either be a local or toll free call. Grantee shall also maintain a local or toll free after hours telephone number for use during other than normal business hours. Grantee shall have a representative or answering service available at said after-hours telephone number during all hours other than normal office hours. B. Service Complaints. (1) All customer complaints shall be directed to Grantee. Grantee shall record all complaints received by mail, by telephone, or in person (including date, name, address of complainant, and nature of complaint). Grantee agrees to use its best efforts to resolve all complaints by close of business of the second business (waste collection and street sweeping) day following the date on which such complaint is received. Service complaints may be investigated by the City Manager or the Manager's designee. Unless a settlement satisfactory to complainant, the Grantee, and the Manager's designee is reached, the complainant may refer the matter to the City Manager for review. (2) Grantee shall maintain records listing the date of consumer complaints, the customer, describing the nature of the complaint or request, and when and what action was taken by the Grantee to resolve the complaint. All such records shall be maintained and shall be available for inspection by City, as described in Section 26. Grantee 26 shall prepare monthly summaries of consumer complaints. The summaries shall be available and delivered monthly to the City Manager or the City Manager's designated representative. C. Government Liaison Person. The Grantee shall designate a "government liaison person" who shall be responsible for working with the City Manager or the City Manager's designated representative to resolve consumer complaints. SECTION 23. RESOLUTION OF DISPUTED CUSTOMER COMPLAINTS. A. The Grantee shall notify customers of this complaint arbitration procedure at the time customers apply for or are provided service, and subsequently, annually. B. A customer dissatisfied with Grantee's decision regarding a complaint may ask the City to review the complaint. To obtain this review, the customer must request City review within 30 days of receipt of Grantee's response to the Complaint, or within 45 days of submitting the complaint to the Grantee, if the Grantee has failed to respond to the complaint. The City may extend the time to request its review for good cause. C. Before reviewing the complaint, the City Manager shall refer it to the Grantee. If the Grantee fails to cure the complaint within ten (10) days, the City Manager shall review the customer's complaint and determine if further action is warranted. The City Manager may request written statements from the Grantee and customer, and/or oral presentations. D. The City Manager shall determine if the customer's complaint is justified, and if so, what remedy, if any, shall be imposed. The remedy under this Section shall be limited to a rebate of customer charges related to the period of breach of any of the terms of this Franchise Agreement or a penalty of up to $100 for any single event or series of related events, or any actual damages. E. The City Manager may delegate these duties to a designee. The decision of the City Manager or his designee shall be final on any matter under Five Thousand Dollars ($5,000.00). In the event of a decision on a matter awarding five thousand dollars or more ($5,000), Grantee may seek review pursuant to Section 13, above. 27 SECTION 24. OWNERSHIP OF SOLID WASTE. Once refuse, compostables, recyclables, and street sweeping and construction debris are placed in bins/rolloffs for collection, or containers at curbside, or picked up by street sweepers, ownership shall transfer to Grantee. Subject to Grantee's duty to meet the source reduction and recycling goals which apply to City, Grantee is hereby granted the right to retain, recycle, compost, dispose of, and otherwise use such refuse, compostables, recyclables, street and construction debris, or any part thereof, in any lawful fashion or for any lawful purpose desired by Grantee. Subject to the provisions of this Franchise Agreement, Grantee shall have the right to retain any benefit profit resulting from its right to retain, recycle, compost, dispose of, or use the refuse, compostables, recyclables, and street and construction debris which it collects. Refuse, compostables, recyclables, street and construction debris, or any part thereof, which is disposed of at a disposal site or sites (whether landfill, transformation facility, transfer station, or material recovery facility) shall become the property of the owner or operator of the disposal site or sites once deposited there by Grantee. However, City, at its sole option, shall retain the right to require Grantee which transformation facility, transfer station, or material recovery facility shall be used to retain, recycle, compost, process, and dispose of solid waste and construction and street debris generated within the Franchise Area. In this instance, Grantee shall conduct a rate audit and recommend, if necessary, a rate adjustment. SECTION 25. INDEMNIFICATION AND INSURANCE. A. Indemnification of City. Grantee agrees that it shall protect, defend with counsel approved by City, indemnify, and hold harmless City, its officers, employees, and agents from and against any and all losses, liabilities, fines, penalties, claims, damages, liabilities, or judgments, including attorneys fees, arising out of or resulting in any way from Grantee's exercise of this franchise, unless such claim is due to the sole negligence or willful acts of the City, its officers, employees, agents, or contractors, or from the City's grant of this franchise to Grantee. Subject to the scope of this indemnification and upon demand of the City, made by and through the City Attorney, the Grantee shall appear in and defend the City and its officers, employees, and agents in any claims or actions, whether judicial, administrative, or otherwise arising out of the exercise of the Franchise Agreement. 28 B. Indemnification of Grantee. The City shall indemnify, defend and hold the Grantee, its affiliates and their respective officers, directors, employees, and shareholders harmless from and against any and all liabilities, losses, damages, claims, actions, causes of action, costs, and expenses (including reasonable attorneys' fees) arising from or in any manner related to the sole negligence or willful acts of the City, its officers, employees, agents, or contractors. C. Hazardous Substances Indemnification. Grantee shall indemnify, defend with counsel approved by City, protect and hold harmless City, its officers, employees, agents, assigns, and any successor or successors to City's interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damage, punitive damages, injuries, costs, response remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties, and expenses (including but not limited to attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, City or its officers, employees, agents, or Grantees arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous wastes at any place where Grantee stores or disposes of municipal solid waste or construction and street debris pursuant to this Franchise Agreement. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act, "CERCLA", 42 U.S.C. Section 9607(e) and California Health and Safety Code Section 25364, to insure, protect, hold harmless, and indemnify City from liability. D. AB 939 Indemnification. Grantee agrees to protect, defend, with counsel approved by City, and indemnify City against all fines or penalties imposed by the California Integrated Waste Management Board in the event the source reduction and recycling goals or any other requirement of AB 939 are not met by City with respect to the waste stream collected under this Franchise Agreement. 29 E. Workers' Compensation Insurance. Grantee shall obtain and maintain in full force and effect throughout the entire term of this Franchise Agreement full workers' compensation insurance in accord with the provisions and requirements of the Labor Code of the State of California. Endorsements that implement the required coverage shall be filed and maintained with the City Clerk throughout the term of this Franchise Agreement. The policy providing coverage shall be amended to provide that the insurance shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. The policy shall also be amended to waive all rights of subrogation against the City, its elected or appointed officials, employees, agents, or Grantees for losses which arise from work performed by the named insured for the City. F. Public Liability Insurance. Grantee shall obtain and maintain in full force and effect throughout the entire term of this Franchise Agreement a Broad Form Comprehensive General Liability (occurrence) policy with a minimum limit of TEN MILLION DOLLARS ($10,000,000.00) aggregate and ONE MILLION DOLLARS ($1,000,000.00) per occurrence for bodily injury and property damage, with any self-insured retention not exceeding $200,000.00 per occurrence. Said insurance shall protect Grantee and City from any claim for damages for bodily injury, including accidental death, as well as from any claim for property damage which may arise from operations performed pursuant to this Franchise Agreement, whether such operations be by Grantee itself, or by its agents, employees, and/or subgrantees. Copies of the policies or endorsements evidencing the above required insurance coverage shall be filed with the City Clerk. All of the following endorsements are required to be made a part of the insurance policies required by this Section: (1) "The City, its employees, agents, Grantees, and officers, are hereby added as insureds as respects liability arising out of activities performed by or on behalf of Grantee." (2) "This policy shall be considered primary insurance as respects any other valid and collectible insurance the City may possess including any self-insured retention the City may have, and any other insurance the City does possess shall be considered excess insurance and shall not contribute with it." (3) "This insurance shall act for each insured, as though a separate policy had been written for each. This, however, shall not act to increase the limit of 30 liability of the insuring company." (4) "Thirty (30) days prior written notice by certified mail, return receipt requested, shall be given to the City in the event of suspension, cancellation, reduction in coverage or in limits, or non-renewal of this policy for whatever reason. Such notice shall be sent to the City Clerk." The limits of such insurance coverage, and companies, shall be subject to review and approval by the City Manager every year and may be increased at that time and match the coverage provided by the City's own liability insurance policy. The City shall be included as a named insured on all policies and endorsements. G. Modification. The insurance requirements provided herein may be modified or waived in writing by the City Council upon the request of Grantee, provided the City Council determines such modification or waiver is in the best interests of City considering all relevant factors, including the fact that the parent of Grantee may be self-insured up to a certain acceptable amount. SECTION 26. GRANTEE'S BOOKS AND RECORDS; AUDITS. A. Grantee shall maintain all records relating to the services provided hereunder, including, but not limited to, customer lists, billing records, accounts payable records, maps, AB 939 compliance records, and customer complaints, for the full term of this Franchise Agreement, and an additional period of not less than three (3) years, or any longer period required by law. The City shall have the right, upon five (5) business days advance notice, to inspect all maps, AB 939 compliance records, customer complaints, and other like materials of the Grantee which reasonably relate to Grantee's compliance with the provisions of the Franchise Agreement. Such records shall be made available to City at Grantee's regular place of business, but in no event outside the County of Riverside. B. Should any examination or audit of Grantee's records reveal an underpayment of any fee required under this Franchise Agreement, the amount of such underpayment shall become due and payable to City not later than fifteen (15) days after written notice of such underpayment is sent to Grantee by City. Should an underpayment of more than three percent (3 %) be discovered, Grantee shall bear the entire cost of the audit. 31 SECTION 27. GENERAL PROVISIONS. A. Force Majeure. Grantee shall not be in default under this Franchise Agreement in the event that the street sweeping and temporary bin/rolloff services and the collection, transportation, recycling, cornposting, and disposal of solid waste and street and construction debris provided by the Grantee are temporarily interrupted or discontinued for any of the following reasons: riots, wars, sabotage, civil disturbances, insurrections, explosion, natural disasters such as floods, earthquakes, landslides, and fires, strikes, lockouts, and other labor disturbances or other catastrophic events which are beyond the reasonable control of Grantee. Other catastrophic events do not include the financial inability of the Grantee to perform or failure of the Grantee to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of the Grantee. In the event a labor disturbance interrupts street sweeping and temporary bin/rolloff services and the collection, transportation, recycling, composting, and disposal of solid waste and street and construction debris by Grantee as required under this Franchise Agreement, City may elect to exercise its rights under Section 15 of this Agreement. B. Independent Contractor. Grantee is an independent contractor and not an officer, agent, servant, or employee of City. Grantee is solely responsible for the acts and omissions of its officers, agents, employees, Grantees, and subgrantees, if any. Nothing in this Franchise Agreement shall be construed as creating a partnership or joint venture between City and Grantee. Neither Grantee nor its officers, employees, agents, or subgrantees shall obtain any rights to retirement or other benefits which accrue to City employees. C. Pavement Damage. Grantee shall be responsible for any extraordinary damage to City's driving surfaces, whether or not paved, resulting from the weight of vehicles providing street sweeping services that can be directly attributable, and refuse collection and temporary bin/rolloff services directly attributable and at the location of bins, rolloffs, and containers on public or private property. D. Property Damage. 32 Any physical damage caused by the negligent or willful acts or omissions of employees, Grantees, or subgrantees of the Grantee to private or public property shall be repaired or replaced. E. Right of Entry. Grantee shall have the right, until receipt of written notice revoking permission to pass is delivered to Grantee, to enter or drive on any private street, court, place, easement, or other private property for the purpose of providing street sweeping and temporary bin/rolloff services and the collection, transportation, recycling, composting, and disposal of solid waste and construction and street debris pursuant to this Franchise Agreement. F. Law to Govern: Venue. The law of the State of California shall govern this Franchise Agreement. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Riverside. In the event of litigation in a U.S. District Court, exclusive venue shall lie in the Central District of California. G. Fees and Gratuities. Grantee shall not, nor shall it permit any agent, employee, or subgrantee employed by it to, request, solicit, demand, or accept, either directly or indirectly, any compensation or gratuity for street sweeping and temporary bin/rolloff services and the collection, transportation, recycling, composting, and disposal of solid waste and construction and street debris otherwise required under this Franchise Agreement. H. Prior Agreements and Amendment. This Franchise Agreement is intended to carry out City's obligations to comply with the provisions of the California Integrated Waste Management Act of 1989, CAB 939") as it from time to time may be amended, and as implemented by regulations of the California Integrated Waste Management Board ("Regulations"), as they from time to time may be amended. In the event that AB 939 or other State or Federal laws or regulations enacted after this Franchise has been enacted, prevent or preclude compliance with one or more provisions of this Franchise Agreement, such provisions of the Franchise shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations. No other amendment of this Franchise Agreement shall be valid unless in writing duly executed by the parties. 33 I. Compliance with Franchise Agreement. Grantee shall comply with those provisions of the Temecula Municipal Code which are applicable, and with any and all amendments to such applicable provisions during the term of this Franchise Agreement. J. Notices. All notices required or permitted to be given under this franchise shall be in writing and shall be personally delivered or sent by telecopier(fax), or United States certified mail, postage prepaid, return receipt requested, and addressed as follows: To City: City of Temecula 43172 Business Park Drive Temecula, California 92390 Attention: David F. Dixon, City Manager Telecopier: (714) 694-1999 Copy to: City Attorney 3200 Bristol Street, Suite 640 Costa Mesa, CA 92626 To Grantee: CR&R Incorporated P.O. Box 125 Stanton, California 90680 Attention: David Fahrion or Michael Silva Telecopier: (714) 893-7833 Copy To: Temecula Environmental 233 West Markham Street Perris, California 92370 or to such other address as either party may from time to time designate by notice to the other given in accordance with this Section. Notice shall be deemed effective on the date personally served or, if mailed, three (3) business days from the date such notice is deposited in the United States mail. K. Savings Clause and Entirety. If any non-material provision of this Franchise Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity and enforceability of any of the remaining provisions of this Franchise Agreement. 34 L. Exhibits Incorporated. Exhibits "A" through "F" are attached to and incorporated in this Franchise Agreement by reference. M. Identification Required. (1) Grantee shall provide its employees, Grantees, and subgrantees with identification for all individuals who may make personal contact with residents of the City. (2) The Grantee shall provide a list of current employees, Grantees, and subgrantees to the City upon request. The City may require the Grantee to notify customers yearly of the form of said identification. WITNESS the execution of this Agreement on the day and year written above. CITY OF TEMECULA ATTEST: By: Mayor City Clerk APPROVED AS TO FORM: SCOTT F. FIELD, City Attorney By: 35 ACKNOWLEDGMENT STATE OF , ) ) SS. COUNTY OF ) On , before me, the undersigned, A Notary Public in and for the State of California, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Signature: CORPORATE SEAL 36 EXHIBIT A FRANCHISE AREA All portions of the City shown on the map attached as Exhibit A-1. Exhibit B Special Wastes Flammable waste. Containerized waste (e.g., a drum, barrel, portable tank, box, pail, etc.). Waste transported in a bulk tanker. Liquid waste. Sewage sludge. Waste from a pollution control process. Residue and debris from the cleanup of a spill or release of chemical substances, commercial products or any other special wastes. Contaminated soil, waste, residue, debris, and articles from the cleanup of a site or facility formerly used for the generation, storage, treatment, recycling, reclamation, or disposal of any other special wastes. Dead animals. Manure. Waste water. Explosive substances. Radioactive materials. Materials which have been exposed to highly infectious or contagious diseases. Hazardous materials. Exhibit "C" Recycling Programs. Service Commencement. AB 939 Topics. and Facility Considerations A. Grantee guarantees to City that it shall cause at least twenty-five percent (25%) by January 1, 1995, and fifty percent (50%) by January 1, 2000, of the waste stream collected under this Franchise Agreement to be diverted from ultimate deposit in landfills or transformation facilities in accordance with the regulations implementing the California Integrated Waste Management Act of 1989 (as amended) (also known as "AB 939"). Grantee shall implement alternatives identified in the City's Source Reduction and Recycling Element (SRRE) and Household Hazardous Wastes Element (HHWE), when completed, by a separate agreement. Grantee shall be responsible to implement the public education and awareness portions of the SRRE and HHWE, at Grantee's expense. Grantee shall provide City with written reports in a form adequate to meet City's reporting requirements to the California Integrated Waste Management Board and to the County of Riverside throughout the term of this Franchise wherein its performance under this program is set forth in detail. B. On June 1, 1991, Grantee agrees to commence street sweeping services on a monthly basis. On October 1, 1991, Grantee agrees to commence street sweeping services on a weekly basis. C. On July 1, 1991, Grantee guarantees that a Perris, California, Recycling Processing Center (RPC) shall be available and operationally ready. D. On July 1, 1991, Grantee shall commence commercial; industrial; construction; public buildings, parks, and schools (if optioned); construction, temporary bin/rolloff; and multi-family services to the Franchise Area. Additionally, on July 1, 1991, Grantee shall conduct a waste audit of all contracted commercial and multi-family accounts to determine their recyclable content, prior to services being rendered. The process used to conduct this waste audit shall be shared with the City of Temecula, the City of Perris, and the County to ensure permit compliance and acceptance. Those accounts that contain a significant recyclable content shall be processed through the Perris Recycling Processing Center that currently processes salvaged separated materials for reuse. Customers achieving this content, or higher, shall only be charged the service rates that appear in Exhibit "D," paragraph D 5. Those accounts that do not satisfy the content level, shall have their waste stream disposed of at the landfill and shall only be charged the service rates that appear in Exhibit "D,", paragraph D 5. However, if these customers desire to commence a source separated recycling program, a recycling container shall be provided by Grantee and customers shall be charged the additional service rates reflected in Exhibit "D," paragraph D 6. Once Grantee's or an appropriate recovery facility is operational to accept the entire waste stream, customers shall only be charged the service rates reflected in Exhibit "D," paragraph D 5, and the source separated recycling rates in Exhibit "D," paragraph D 6 will become a customer option. E. On October 1, 1991, Grantee shall institute a three sixty (60) gallon container recycling system pursuant to Chapter 6.10. One container for refuse, one container for greenwastes, and one container for cornmingled recyclables. The initial recycling containers shall be provided by Grantee at Grantee's expense and provide the minimum container specifications contained in Exhibit "F". Grantee shall replace and repair containers as may be necessary as a result of normal wear and tear. F. On October 1, 1991, Grantee shall implement a completely 100% mechanized residential container system in conjunction with the use of the Perds RPC and a compost diversion system to recover recyclables and divert compostables. Mechanized meaning that Grantee shall provide collector trucks that are capable of picking up containers, emptying them into the collector truck, and then returning them to the curbside without any human handling of the container. The container that is designated as recyclables shall be processed at the Perds RPC. The greenwastes container shall be diverted from the landfill in a mutually acceptable system to City and Grantee. The refuse container shall be taken to the landfill for disposal. G. On October 1, 1991, Grantee shall implement the bulky item pickups and household hazardous waste roundup procedures outlined in Section 5, with only one bulky item pickup per residential customer receiving container service and one household hazardous wastes roundup required to satisfy the 1991 calendar year requirements. All other additional services outlined in Section 5G shall be made available on July 1, 1991. H. Grantee agrees that it shall expend all funds reasonably necessary to acquire, design, develop, construct, and permit a material recovery facility (MRF), and that City shall not be required to expend any funds whatsoever in regard thereto. Grantee agrees to construct a MRF in Perris, California, and that such MRF shall be completed and permitted to accept all solid waste within eighteen (18) months from the date of this Franchise Agreement. City agrees that it shall cooperate, participate, and consult with Grantee in an effort to develop this new solid waste MRF site which is mutually acceptable to City and Grantee. City also would support the use of an alternative MRF as long as City shall not be required to expend any funds whatsoever in regard thereto, and that any additional fees (e.g, host, transfer, processing fees, etc.) would not be charged to City or be added to the rate schedule at Exhibit "D." I. The failure of Grantee to achieve any of the above shall be deemed a material breach of this Franchise Agreement. o o 8. 9. 10. Exhibit "D" Schedule of Rates Mechanized Single Family Attached Residential Collection, Disposal, Composting, and Recycling - Grantee Billing Monthly Rate: $10.98 Mechanized Single Family Detached Residential Collection, Disposal, Composting, and Recycling - Parcel Charge Monthly Rate: $10.98 Mechanized Single Family Attached and Detached Residential Additional Refuse, Cornposting, and Recycling Container - Grantee Billing Monthly Per Container Rate:$ 4.00 Single Family Attached and Detached Residential Additional Bulky Item Pickup - Grantee Billing Pickup Rate: $ 5.00 Commercial, Industrial, and Multi-Family Residential Refuse Monthly Bin Rates (one 3 cubic yard bin) with following pickups per week: 1 x week $ 55.00 5 x week $275.00 2 x week $110.00 6 x week $330.00 3 x week $165.00 7 x week $385.00 4 x week $220.00 Commercial, Industrial, and Multi-Family Residential Recycling Monthly Bin Rates (one 3 cubic yard bin) with following pickups per week: 1 x week $ 30.00 5 x week $150.00 2 x week $ 60.00 6 x week $180.00 3 x week $ 90.00 7 x week $210.00 4 x week $120.00 Temporary 3 Cubic Yard Bin Rate: Redelivery and Reinstatement Rate: 40 cubic yard Rolloff Bin Rate: 10 cubic yard Rolloff/Lowboy Box Rate: $45.00 $25.00 $130.00 plus landfill fee $130.00 plus landfill fee 11. Annual Consumer Price Index ("CPI") and Tipping Fee Adjustment. The rates in paragraphs D 1-10, above, shall be automatically adjusted to reflect changes in the consumer price index and landfill fees. The CPI adjustment shall be made annually and such adjustment shall be effective as of the first day of July of each calendar year. The "CPI adjustment shall be equal to the amount derived by multiplying (a) the previous rate by (b) the percentage increase or decrease in the Consumer Price Index for all urban consumers within the Los Angeles-Anaheim- Riverside Metropolitan Areas during the prior calendar year, excluding the housing component. The comparison shall be made for each March 1st during the term hereof and shall be effective each July 1st. The first CPI adjustment shall occur July 1, 1992. The landfill tipping fee adjustment shall be a pro-rata pass through of any tipping fee increase, and shall be effective at the start of the first full billing period after the landfill tipping fee is adjusted. As of the effective date of this Franchise Agreement, the landfill tipping fee is $23.00. The formulas for the annual CPI and Landfill Tipping Fee Adjustments are as follows: (1) CPI Formula: (a) Exhibit "D," paragraphs 1-4: (Rate x 78%) x CPI (b) Exhibit "D," paragraphs 5-10: (Rate x 71.5% x CPI (2) Landfill Tipping Fee Formula: (a) $0.21 per $1.00/ton landfill increase times current published residential recycling (less greenwastes) diversion rate, e.g., $8.00 landfill increase with a 25% diversion rate would equal: $.21 x 8 = $1.68 x 25% = $.42 - $1.68 = $1.26 rate increase. Co) $0.91 per $1.00/ton landfill increase times current published nonresidential recycling diversion rate less greenwastes, concrete, and asphalt, e.g., $8.00 landfill increase with a 25% diversion rate would equal: $.91 x 8 = $7.28 x 25% = $1.82 - $7.28 = $5.46 rate increase. 12. Extraordinary Costs. A. In addition to, and not in lieu of, the annual CPI increase or decrease described in paragraph D 10, above, Grantee shall also be entitled to rate increases or decreases in an amount equal to Grantee's extraordinary increases or decreases in its cost of collection. Such extraordinary cost increases or decreases shall be subject to City Council approval. Since tipping fee adjustments shall be a pro-rata pass through to City, Grantee's material recovery facility or transfer station processing fees, now or later imposed, shall neither be levied on City nor added to the rates in Exhibit "D." Such extraordinary increases or decreases in its cost of collection shall include, by way of example and not by way of limitation: (1) a change in the location of the landfill or other lawful disposal sites to which the Grantee is required to transport solid waste collected hereunder; (2) levied material recovery facility host fees; and (3) changes in the local, State or Federal laws governing street sweeping and temporary bin/rolloff services and collection, separation, transportation, recycling, composting, or disposal of solid waste and construction and street debris. B. Grantee shall not begin to charge customers for residential recycling until the effective date of the respective recycling programs. Exhibit "E" Schedule for Act Compliance To assist City with compliance of the requirements of AB 939, Grantee, at Grantee's expense, shall provide Kleinfelder, Incorporated, as the City's AB 939 consultant. City's consultant shall work directly for City and prepare and submit the following documents to City by the appropriate deadline identified below: Document Deadline 5. 6. 7. 8. o 10. 11. 12. Preliminary Draft Source Reduction and Recycling Element (SRRE) and Household Hazardous Waste Element (HHWE) to City City Review of Preliminary Draft Preliminary Drafts to Required Parties (County, Board, etc.) Notice of Public Hearing on Preliminary Draft Review County's SRRE/HHWE Public Hearing on Preliminary Draft Comments From External Agencies/Public Notice of Public Hearing Prior to Adoption of SRRE & HHWE Final Draft to County LTF Comments due back from LTF on Final Draft Public Hearing Prior to Adoption of LTF Adoption and Submission of SRRE & HHWE July 15, 1991 August 1, 1991 August 15, 1991 August 15, 1991 September 11, 1991 September 15, 1991 October 1, 1991 October 15, 1991 October 15, 1991 November 1, 1991 November 15, 1991 November 26, 1991 Exhibit "F" Minimum Container Specifications Each container provided for the residential curbside program shall have a capacity of sixty (60) gallons and be constructed of rigid, durable, and recyclable materials with a minimum five (5) year life expectancy warranted by the manufacturer. Grantee shall be responsible for the replacement of container, wheels, lids, hinges, axles, and handles. The containers shall meet the following specifications in all material respects. Any deviations from the specifications shall be approved by the City Manager or designee. 1. Ca~ Body: Rotationally molded, first quality, Union Carbide GPEP-803-LMDPE. Certified to contain ultraviolet stabilization provided by the equivalent of .5% of UV 531 stabilization compound. Certified to meet a minimum ESCR rating exceeding 1000 hours for both 100% and 10% Igepal solutions. 2. Cart Handle Mounts: Integrally molded part of cart body. External handle diameter, 1.375 inches. Features three comfortable and convenient gripping areas. 3. Card Lit: Rotationally molded, first quality, Union Carbide GPEP-803-LMDPE. Nominal thickness, 0.125 inches. Certified to contain ultraviolet stabilization provided by the equivalent of .5 % of UV stabilization compound. Attached with hinge which rotates with no interference. Encases PVC pipe within 1/4" walls. Domed to facilitate runoff of water. Imprinted with "Instructions" and "Indications and Contraindications" in English and Spanish. 4. Wheel Retainers: Plastic coated steel. 5. Axles: 5/8" galvanized solid steel fully supported by cart body. No bolts or rivets used for mounting. 6. Wheels: 12 inch by 2 inch (nominal) HDPE. Minimum R.M.A. load rating of 180 pounds per wheel. 7. Safety Bar: Minimum 1.00 inch diameter, 16 gauge, galvanized steel tube. Stainless steel optional. Rotates freely on its axis to facilitate safe engagement and disengagement of dumper locking hook. Accessible for quick, clean, and easy removal and replacement from exterior of cart by maintenance personnel in the filed without use of power tools. 8. Capacity: Container volume 60 U.S. gallons. 9. Dimensions: Width: 31 inches. Fits through gates and doors. Length: 36 inches. Height: 45 lines. 10. Color: Ultraviolet stabilized, non-fading gray, green, and black. Special colors available. I 1. Stability: Designed to prevent being turned over by winds of up to 25 mph in any direction when empty. ITEM NO. 19 APPROVAL FINANCE OFFICER CITY MANAGER /~~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Mary Jane Henry, Finance Officer May 28, 1991 Community Service Funding Criteria RECOMMENDATION: That the City Council review and advise staff regarding the criteria for the Community Service Funding Application process for the Fiscal Year 1991-92. DISCUSSION: In accordance with your request we have accumulated the funding criteria from eight (8) organizations who fund various community programs. This criteria is listed on Attachment "A". In addition, Exhibit "B" is the General Policy and Funding Philosophy from the City of Claremont. It is included for comment as it seems to state Council's position taken during the Council meeting of January 29, 1991. The funding criteria for Fiscal Year 1990-91 is included at Attachment "C". FISCAL IMPACT: None ATTACHMENTS: Attachment "A" - Criteria List Attachment "B" - General Policy and Funding Philosophy, City of Claremont Attachment "C" - Fiscal Year 1990-1991 Community Service Funding Criteria COMMUNITY SERVICE FUNDING CRITERIA Attachment "A" 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Non-profit organization Evidence of satisfacto~ service provided to City's citizens Does not discriminate based on race, color, creed, nationality, sex, marital status, disability, religion, or political affiliation Does not require attendance or participation in any political, religious or social activity Provides financial statements prepared (in accord with Generally Accepted Accounting Principles (GAAP)) to demonstrate sound financial management Provides budget for fiscal year of request demonstrating cost-effectiveness Does organization have other funding sources (i.e. minimum of 20% funding from non-City sources) Does request increase service levels Does not compete with service of other organization(s) Provides evidence of effective response to a documented need Provides a high level of access to services offered Possesses ongoing program evaluation tools Demonstrates fiscal and administrative capacity to support program Exhibits a high level of communiW support through its ability to retain a broad based Board of Directors Requested amount is reasonable in comparison to services and number of City residents served Requested amount is not to include amount to fund debt service Requested amount is not to include amount to fund fellowships Attachment "B" City of Claremont Process and Criteria for Evaluating Requests for Community Based Organizations for City Funding Purpose To establish a process and evaluation criteria for funding requests received by the city from community based organizations (CBO'S) throughout the year. General Policy The City receives requests throughout the year for financial assistance from various organizations which provide a variety of services within the community. It is the City's policy to channel such requests through the normal City budget process, thereby ensuring that all requests are evaluated equitably and consistently; to enter into agreements for specific measurable services; and, to ensure that recipients are held accountable for providing the agreed upon services within the appropriate time frame. Fundine Philosophv Requests for funding received from CBOs will be considered during the regular budget process along with City department requests for funding. Due to limited resources, not all requests received can be funded. Therefore, it is not the city council's intention to fund each CBO request received; but rather, to evaluate each proposal and, based on available funds, provide money and other forms of financial assistance to those organizations which most effectively serve the needs and improve the well-being of the residents of Claremont. Special consideration will be given to proposals which replace or enhance services the city is responsible for providing. The City Council encourages a goal of self-sufficiency for all local CBO's. The council supports providing seed money to new programs that will provide needed services to the community, but discourages an over-reliance on city financial assistance to maintain such programs on an on-going basis. Therefore, all CBO's requesting funding from the city should continue efforts to develop stable private funding sources. Attachment ffcff CITY OF TEMECULA Community Services Funding Program The City of Temecula, in its Fiscal Year 1990-1991 budget, has allocated $125,000 to fund community service programs within the community. ELIGIBILITY Applications are accepted from tax exempt, nonprofit organizations and individuals for the funding of projects which occur during the fiscal year, excluding normal operating expenses and deficit funding. Serv. ices should benefit the CiW of Temecula. A written report should be presented to the City Council thirty days after the completion of the project. In the case of an extended project, interim reports may be required. DEADLINES November 16, 1990 - Applications available from the City of Temecula. November 30, 1990 - Deadline for application submittal for second funding period. Award recipients will be announced in December, 1990. CRITERIA In making its recommendations to the City Council for funding, a Community Service Committee will consider the following criteria: a. Community service excellence b. Size and make-up community service organization Relevance to the City's community service interests d. Public and critic reaction to the group e. Quality of fiscal management f. Longevity in the CiW of Temecula g. Percentage of request to organization's annual budget h. Community leadership and support Applicants will be notified of date, time and location for a five (5) minute presentation to the Committee and answer questions the Committee may have. Thank you for participating in the City of Temecula's Community Service Funding Program. ITEM NO. 20 APPROVAL ~...-~ FINANCE OFFIC CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Mary Jane Henry, Finance Officer May 28, 1991 Additional Community Service Funding Requests RECOMMENDATION: That the City Council review three requests for funding from the Council Social Services/Discretionary fund and provide direction to staff regarding funding of these requests. DISCUSSION: During January the Council considered requests from the community for funding of social and economic programs from the City Council Social Services/Discretionary fund. The City has received requests for funding from two new community groups as well as a follow up report from a prior applicant as follows: Temecula Valley High School Scholarship Foundation (TVHS) During the meeting of May 14, 1991 this organization requested funding for their June 1991 scholarship program. In speaking with the Foundation committee, funding in the range of $2,000 to $5,000 is requested. Their materials are included as "Attachment A". The accounting records are maintained at TVHS in a separate trust fund. Temecula Historic Museum The City has been approached by Becca Nakaya, President of the Board of Directors of the Temecula Museum. We have been informed that the museum must be relocated within the next six months due to the fact that the landlord has other arrangements for the property. The museum would like to relocate, but because of its nonprofit nature and the lack of sufficient funds for lease payments, they are approaching the City for assistance. The City Manager discussed the possibility of a short-term relationship with the museum and assisting them in a rent subsidy in lieu of the City taking over the responsibility for the museum. The City Manager thinks it would be advantageous for us to assist this nonprofit organization in preserving their integrity as an organization rather than absorbing the operation into the City. The subsidy could range from as little as $1,000 per month to over ~2,500 per month depending upon location and space needs. The foundation has identified three sites and have provided the material included as "Attachment B". T.E.A.M., Inc. - Temecula Community Pantry The Community Pantry had originally requested $20,000 for their program to feed the homeless of Temecula. Staff requested additional financial information and a copy of their application for services. The original request and additional information is included as "Attachment C". FISCAL IMPACT: The unencumbered balance in the City Council Social Services/Discretionary account for FY 1990-91 is approximately $17,000. ATTACHMENTS: "Attachment A" - TVHS Scholarship Foundation "Attachment B" -Temecula Historic Museum "Attachment C" - T.E.A.M., Inc., Temecula Community Pantry ATTACHEMENT "A" BOARD OF DIRECTORS GLEN ENGLAND BETH CANN ED SIBBY LUCI FLAHARTY ELLA GOLDMAN JOAN GOLDSMITH BARBARA TOOKER KAY OWENS PAT PROUD KEIKO HARRIS SANDY SARAYDARIAN DONNA DENHAM CHRIS COUCH CHAIRMAN AFFILIATED WITH CITIZENS SCHOLARSHIP FOUNDATION OF AMERICA "DOLLARS FOR SCHOLARS" A NATIONAL NON-PROFIT EDUCATIONAL SERVICE P.O. BOX 297 ST. PETER, MINN 56O82 TEMECULA VALLEY HIGH SCHOOL SCHOLARSHIP FOUNDATION 1991 ,SP(:3'V,.qORED BY TEMECULA VAII FY HIGH SCHOOL SCHOLARSHIP FOUNDATION 31555 RANCHO VISTA ROAD TEMECUI..A, CA 92390 WHAT IS TH!= TI=MFCULA VAL[ I=Y HIGH SCHOOL SCHOLARSHIP FOUNDATION? IT IS A NON-PROFIT ORGANIZATION INCORPORATED IN 1987 FOR THE PURPOSE OF PROVIDING SCHOLARSHIPS TO THE GRADUATING SENIORS OF TEMECULA VA~ ~ Fy HIGH SCHCOL. HOW DO;S ON; R!=COM; A MFMB;R OF THF FOUNDATION? BY MAKING A CONTRIBUTION Of TIME, EFFORT AND/OR MONEY, ONE MAY BECOME A MEMBER. HOW ARE THE CONTRIBUTIONS MANAGED? THEY ARE MANAGED BY THE BOARD OF DIRECTORS. THE BOARD ACTS AS AN ADMINISTRATOR OF THIS UMBRELLA ORGANIZATION BY DISTRIBUTING FUNDS. A FINANCIAL STATEMENT MAY BE OBTAINED ON REQUEST. THE CATEGORIES OF FUNDS ARE: ANNUAL AWARDS: THESE AWARDS ARE GNEN BY GROUPS, INDIVIDUALS, OR BUSINESSES ON AN ONGOING BASIS. CONTINUING NAME FUNDS: THESE ARE ESTABUSHED TO HONOR OR MEMORIALIZE INDIVIDUALS AND CONTAIN A MINIMUM BALANCE. ONE TIME AWARDS: THESE ARE GNEN BY BUSINESSES OR INDIVIDUALS, AND AWARDED IN THEIR ENTIRETY. HOW AR!= SCHOLARSHIPS AWARDFD? AFTER COMMrI-I'EE EVALUATION, RECIPIENTS ARE SELECTED IN APRIL AND AWARDS ARE MADE IN JUNE. AMOUNTS NORMALLY BEGIN AT $250.00.' CHECKS ARE SENT TO THE COLLEGE IN THE STUDENT'S NAIVE UPON PROOF OF ENROLLMENT. "AMOUNTS FOR LESS THAN :$250.00 WILL BE PLACED IN A GENERAL FUND AND ALSO AWARDED TO STUDENTS. WHO IS FLIGIBLF? ANY GRADUATING SENIOR AT TEMECULA VALLEY HIGH SCHOOL IN GOOD STANDING WITH A MINIMUM G.P.A. OF 2.7, WHO PLANS TO ATTEND CO ~ FGE OR TRADE SCHOOL FULL TIME, IS ELIGIBLE. ELIGIBILITY IS NOT NECESSARILY BASED ON FINANCIAL NEED. HOW CAN ADDITIONAL INFORMATION BE OBTAINED? BY CALLING: STEPHANIE GINGERICH T,_,w~CULA VALLEY HIGH SCHOOL ~(714) 676-6~XT. 215 BY WRITING TO: TEMECULA VALLEY HIGH SCHOOL 31555 RANCHO VISTA RD. TEMECULA, CA 92390 ATTENTION: BETH CANN ASSISTANT PRINCIPAL SCHOLARSHIP llNFORMATION $I-IF3iT SCHOLARSHIP TITLE G.P.A. MINIMUM FOR THIS AWARD (must be at least 2.7) SPECIFIC MAJOR OR FIELD OF INTEREST (optional) AMOUNT OF AWARD (minimum of $250) DONOR'S SIGNATURE TELEPHONE _ ADDRESS Please indicate the type of institution students must attend in order to be considered for this award (More than one is acceptable). Trade school Junior College 4 Year College All Considered Will you designate the Scholarship Committee to select for you or will you want to screen and select your recipient? Screen/Select Ourselves Assign to Scholarship Committee PLEASE INCLUDE YOUR CHECK OR INDICATE WHEN WE WILL RECEIVE IT. This sheet is confirmation of your participation in the 1991 Scholarship Foundation. Return this form promptly by April 1, 1991, so we can begin screening applicants and meeting our goal! PLEASE RETURN AND MAKE CHECK PAYABLE TO: TVHS SCHOLARSHIP FOUNDATION 31555 RANCHO VISTA ROAD TEMECULA, CA 92390 ATTN: Beth Cann All scholarship monies must be received by May 15, 1991 so that we can finalize our program for June 3, 1991 at 7:00 p.m. TVHS SCHOLARSHIP FOUNDATION Thank you, Good evening Honored Council Members, Citizens of Temecula and Guests. My name is Gwen Leevers and I am here tonight on behalf of the Temecula Valley High School Scholarship Foundation to acquaint you with our program. This June TVHS is holding its 4th Annual Graduation Ceremony with over 400 seniors going out into the world. The purpose of the TVHS Scholarship Foundation is to help honor students who have academically achieved a 2.7 grade average or better and prepared themselves to continue their education at community colleges, trade schools, or four year colleges. Public education costs from six hundred to twleve thousand dollars per year, and private education can cost twenty-five thousand dollars per year. Education is the key to Temecula's future. We must not leave our community and world up to chance or luck. Encouraging tomorrow's leaders to obtain the best education they can is like taking out an insurance policy to be redeemed in the near future. Eighty-seven young men 'and women from the TVHS Senior Class have asked for your help by applying for a scholarship. We here in Temecula have always risen up to support our community. Providing scholarships for young men and women says we value our citizens, their education and our future. Although TVHS's first graduating class at present are completing their junior year of college, this last week we already had one eager Temeculan who graduated from USC. You are the leaders of Temecula and we are urging you to continue your support and place on your next agenda for approval the granting of civic scholarships. Your scholarship recipients may very well be sitting right here in the near future helping Temecula to continue to be such a fine and caring city. Thank you for allowing me to address your assembly. ..% '~' ~C;l;~':.ye~_~~, (X~apter Report Balance) Toe~l of l~B9 -JUNB 30, 1990 (Pl~$e ro~nR-~ ~ purposes, ch~acter, or ~ethod ~ o~ration of our chapter. C~FA ha~ ~y l~-rni~. to file this repor.~. o~.F,.or~ ~0," ~ -. _ . '-' ~:~~~'~ ~~ AT ~t B~ AUGHT I, 1~.-" '. , ~.. .. _ --- ..~-.:~ ~:.'~ F r::O F!: 0 7/01 ..' '? 0 Y 0 : '} 2, I t:./9 '. F'F = !} 7 .' i:; L .. 5 C, FiqG L" ' C':!k/R£C$ REC, EI PT': OI'£~. T R,qP.S. £;E~51P,'NrNG BRLANCE ............. :===='; 49,329.00 , 35($ 7/17 FEIkO BAGSBV 11,94 .00 ?.511 ~.'17 TONI R'3'FHPOC~, i!96 951~ 8/ 6 BEN ?F:O~N 1~90 ~.~1, ~ ALFREDO CONE~O t191 O0 ~51~' 8/ 6 VERA DE MARC:HI 1192 3519 8,' 6 YiN6 FAH6 1193 .00 250.00 3520 5/ 5 CHIN FAN6 I194 .00 250.00 352! S./ 6 JASON '~,T JOHN Lt95 3523 :3/ 6 VRLERZE i~Ol~SOiq ti'? . ..... :~." 6 DAN SPBEF'.S t!'?E: m'~ i 500.00 35'~ q."iFm ~.'~ rr.u KOLTA'r 120.? .Fil'l 1, '11'lfl.l'tl'l ........... ~N~ .... [204 .. D]0.90 ' .1 J . l'11'l ?~1'1. l'll'l '3.54~ ':,"'%'~ OESR~ '" ~' L~ ' ' - F; .' -:' 0 -'" .0 c,._,44 ~EN :,~OWN i2~ ~':,~ 3,20 BETH~rt';" CA~?~ON L2t7 .0] 750.00 7:= " :' ~'RND "" ~"" .. .;.L~:, i T' -':FI . !'ti't & . 1-11'll't. FH'[ :'.~Sn :::,-'}nT~"~ O&LES?¢ ~ 3551 8; 20 K].MBERLEY OLS'SH 1223 -==- '-"2n COLBY RITTER 122.5 O0 '"=r'.00 ~,,~ ;5/ . · !76 8/21 EXCHAr--~OE CLU9 7156 1~ o,~, CH~S W~LKER [HTER st~.7 43.3m] .ru'm 178 8/21 E:E~R, aUKERS 7158 ~4 ,~.'~:3 ANGEL~ ~LLO !227 O0 250.nn .... 8/28 ~ELIS'SA ARNOLD I"~': O0 .500.00 3556 8/28 ~ARIA CONSTANTE 1~9 .00 250.00 ¢.,¢, ,:.,=,¢ MARC DAVIS i230 nn 100.On 3559 8/28 .TANINE GREEN 1232 .nC 300.00 ' ~n ....... .00 250.00 3560 8/23 MOLLY H~N~N 3~ 1 "' 500. O0 .,e.l 8/28 BREE KIRBV ~.~4 .00 .... :..~,~ C[NDY L~R~ i ..... O0 500.00 _. .... ~'~; . O0 300. 3563 ~ ....q JENNIFER LOEFt{E 355-4 3/28 BRZ~N NOON t237 3565 8'~8 JEFF ~'~ ~'~c ~":'= .00 O0 ; ~, ~ F E~{~u ~ ~ . ~]1'!1'1 . 3556 8/28 DIANA WALSH t239 .00 250.00 3567 8/?8 CHR[STI~,q ~cc ~..q H~_, 1 ~,. . O0 750. O0 · O0 . O0 · O0 · i'i · O0 · O0 · 06 · O0 . CJO · · O0 · O0 · O0 . · OC · OU · O0 · O0 . . O0 · O0 · O0 · O0 · 09 . O0 · 00 · ~.U..;.:TOT AL S ==,' 30. 350. O0 70 : .i: 5,' TEF~ECUL~ VALLEY HIGH SCHOOL '/ZA R- TO-£'AT7 Ai2 ACTiViTY ACCOUNT ;'ECG~CILiATiO!J 220 SCHOLARSHIP CHK,' REC~ RECEIPTS F¥ =' 'ST, 0!' 70 F'A L'iE 2 DI~2. TRANS. 3.=77 3579 3581 3~82 8/',28 HtBA KULAUZOVIC ~.."'29 DOLLARS FOR SCHOL 9/ ~ CHRIS BEN;~A¥ :, 4 SHP~NGN BRO.W:'~ 9/ ~ LUCY SKRBEK 9,' 4 ~:OS~I CARROLL 9/ 4 JASON KNIGHT 9/' 4 JENNIFER PAUL 9," 4 '~LORIAMA PAULICiV 9/ 4 LAUR! FELTON c_/ 5 MAm:~HALL 26£! .:.~_ _~'~ 266- 9/ S YAr~tRA PtCHE 9/ 6 LZt'iTiA EO[:RICHJEZ 9/!3 WAYNE BROWN ?~3 LESLIE EHIT'~00O 9/13 BRIAN GREEN '713 JULIE MANN 9/13 GEORGE PARROTT ?,'IJ HOELLE ~TOREY ),lJ JULIE F~C:ESTA ?']O CHRIST:dE KILlAM 9 27 RANCHO :,~d%CITAS 3/_~*'; JERRY HOBBE'-OONAT 5706 '10, 2 DAVID FARE 34.::0 ~,)14 3UTTERFIELD ELECT :3870 !0/26 STACY FISHER '!97~ ~0,"26 YiMG FANG-MSJC ~46.3 10..'29 CSULB-REFUND Y FA 4723 ]i/ 6 JENNIFER BUSH 4576 ii/30 DEVRY-JORGE SILVA 4565 ~L./30 R!V. CON. COLLEGE '40t7 i2/ 5 MELYNDA JENSE¢~-NC 4666 !2/ 6 J'ENHiFER BUSH 3975 12, 7 30-91 YEAR 29.31 ~2.' 7 RANCHO PHYS. ~HER 4227 41!~ ,tJ06 4375 4740 4741 4743 ,:1695 1,' 3 NORTHLAND-DEVON P I/ 3 INLAND DISP. i. 8 FRESNO CITY COLL. i..' 1 ] R£GE:.~TS UC-C.~!ELL 1/18 POMONA COLL-J.KOH 2:1 ~ACKiE MAC~iREGOR 2,, 1 JENNIFE~ BUSH 2/ 8 L'FNN YOUNG 2/13 iMLANT.; DISPOSAL SUBTOTALS ----- ~ 124[ .00 500.00 .00 1242 .00 CS.00 .OO 1243 .OO 500.00 12a9 .00 500.00 .oc 1255 .00 1,000.6'0 .00 1250 .00 750.00 .00 1251 .00 500.00 .00 1252 .00 500.00 .00 1253 .00 750.00 .00 12~4 ,00 250.00 ,00 i253 ,00 250.00 !285 .00 750.00 .00 i266 .00 560,00 1267 .00 3.'30.00 .00 1263 ,00 750.00 .00 1292 .00 2,000.00 .00 !293 .00 250,00 .00 1294 .00 ~'50. O0 .00 129.5 .00 250.00 ,00 1296 ,00 1,11]O,00 !297 .00 2.50 ,OO 1331 . O,.'i i. 00,:30 3592 3,000.00 .OO 1370 .00 230.00 · '.3798 250.:)0 ,OO .90 1476 .00 250.00 .nO t477 .00 250.00 .00 8818 250.00 .00 .00 1532 .00 2,198.00 .00 1604 .00 500.00 .00 1666 .00 500.00 .00 1623 .00 650.00 .00 1654 ,00 300.00 .00 S957 250.00 .00 .00 3965 250,00 .00 .00 1699 .00 500.00 .00 8922 250.00 .00 .00 132'0 ,00 500.00 .00 1895 .00 3,250,00 .00 2016 .00 550,00 .00 2017 .00 502.00 .00 2019 .00 750.00 .00 91S7 250,00 .00 .00 79:-3.90 .08 i't} : '.] 5 ' .~. 6,' ? 1 ~EF'.-i DA','E C'ESC?.i?Ti 3?,; $ 0 4 ? 596? 527'3 5Z72 5 4 2 0 5 4:2 '5 ~443 54 ~ - S 4 ~ ? ~"~ S7 =.: 7'7 5'L79 ~.682 ~ 890 5954 5955 5956 5971 ~.~ :. 5377 3./'I ! GRANDFATHERS-(H]LD '"' I~ )J ",; C,qP[' T tO';":": F' u ~.-' 1 ! ......... ..,', 3-"£1 DIAL 3.'11 RFu'JCO;-,' F:EA,... E':.TAT ~'11 TC;qECULq 3/1© TRITTIPO & A.'-:C;Ft! 3/'18 SHARP TEMECULA · 3.,"18 ~ I ~.~.LE R-R~.B. HTE 3/t? D:qRC[ D~ ..... E-: CLL.![' · ~' ~q WEZ~ER-B~SEB:iLL SC -,, ~n C~" -~-~n " .... ' " .... 4/i2 4, I2 RTKT,~..!SOr-f ,qNDELSC:r~ 4,'£2 GTE TEL£PH~NE r3PE ~.','1'9"THE bOC, F::=~" PPIZ= i '" .! ':~T "'.~" C F~ 4."1'3 R.qr.~=i-?3 F;RUZT ~':~ 4., 30 'F 'j ,--r-]. ,t., "~l'l r.~. T Iql.,I ? ,~'1~,1]. 5.- I T ',Y o.!(iTL .:'u"1 VOl? .,, 1 JOHrt50r~ t~ .~OH. riSOr-~ / ! T ,,: BU.:INESS ..TOUR 5/ i SAR~YDGRIRFJ. 5/ 2 DAVID LO~RY 5/ 3 TV REPUE. LICAN 5./!3 Ar,t]:,RE~ AF:S'.TOLA 5/14 I(UE[;LER THOMAS 5/14 JAIMA TIDWELL F1EM 5/14 SOLUTIOHS 5/15 HEIDIS YOGURT ,5/'15 MURRIETA PAREr~T-T 5/15 INLAND VLY REG ME 5,.'15 R-T FA~ILV ME[, 5/15 .1.'d. LANO VL¥' :~-,~E 5,;1~ MCMILLIh! RERLTV TOTALS 9276 25 ). 0 '?.': T 7 ~'-1,. 000. 0',) 9 2.? 3 .~0. 9--~ ~ SO0. ':1 ! '~ ].~ ~ -~ c, I'1 ~'tl~~ ,:~ t, ~ ,'~~ l'll'l !'i. I'1t'1 ? :32 ~ 5 L'! 0 · 00 '"~ ,C q"" -' 5,5. '2 ! .! ;3 . '? 3::::J SOl) 9 -;.-1 {: _~:, 00. 93.38 250. ? :5: .~ 2 '5 g 0. }'3 9 S 2 5 O. ?.:Ir36, "~-5(1. Or_ '? 4 I. 3 ::, 4 ~'" :, q .L .- _ .'iLl. 9,i 15 50 n. 0 9440 50. ~ '~ 't ': ~i'1t'l . I'11'i C Jj .- '~ ~-" ? J. 4 4 ' 5,'i ~ ,..::,., I !)!.'n) · i'IF] '? 43 J [ .50. 949 :: 250 · 949 7 500.00 9,1 ~8 250. ?,4 S ? .5 (I 0. . o 4 .., -., L, · '76'33 5On. 976i I :.000.00 3762 1,000.00 97 E, .3 2.50. '9"772 :'SF, 977'2, 250, 9?74 500, O0 F 7 76 3 r' I:~. 00 977'7 L. 000. .4 ./ / 0 ~ .I., · I'1 I"I .0 0 · n 0 · 00 50 0.00 .0 C · · 0 L · 00 .09 . O0 · 0 F .00 ,00 · 0':' Fi · r30 · O0 · O0 · .00 . O0 .90 · O0 33,708.82 ' · 58,415,00 y ATTACHEMENT "B" THE TEMECULA MUSEUM Post Office Box 792 Temecula, California 92390 (714) 676-0021 (714) 676-6329 (Curator) Mr. David Dixon City Manager City of Temecula 431 72 Business Park Drive Temecula, Ca. 92390 RE: Relocation Project The Temecula Museum April 24,1991 Dear Mr. Dixon: Enclosed is information pertaining to the upcoming reloca- tion of the Temecula Museum. This knowledge was obtained thru: A. Meetings with each potential landlord B. Examination of each site with the landlord or commercial representative C. Receipt of written and verbal offers D. Further examination and opinions of Board Members and Volunteer Docent of the Temecula Museum E. Meeting Wednesday of Executive Board The top 3 locations are discussed in the tabbed sections of this corresondence. Move-in expenses, etc. are also studied and incorporated into Choice #1. I will be out of town Thursday and Friday. Mr. Dennis Frank Executive Secretary,(6?6-1922) and Mr. Bill Harker, Treasur- er,(676-4718) will be available both days to answer any further questions, or to proceed with contacting the chosen landlord in preparing a lease, etc. On behalf of the Board of Directors and Volunteers of the Temecula Museum, thank you for your positive and poste haste actions in this important matter. Sincerely, Mrs. Becca Nakaya President Board of Directors Temecula Museum Commercial Building (01d Sears Store) 41950 Main Street Temecula, California Owner: Lloyd Sever 30105 Cabrillo Avenue Temecula, Ca. 92390 676-9249 Building Size: 2200+/- Square Feet Lot Size: 50 x 150 = 7500 Square Feet See attached offer letter, please ........ Board Comments: 1. Excellent location with good parking 2. Interior newly decorated, free of all partitions, light and cheerful 3. Carpeted floor helps acoustics and keeps maintenance at a minimum 4, Exterior redone with Western 'ook and says "museum" even without a sign. 5. High ceilings for large disp ~ 6. Chain link fence already ins~ ,ed. 7. Two walls are block 8. We control our own destiny .... no attached tenants that we have no control over. 9. Rent and lease offer an exceptional value at $2500. and, additionally, an offer of "free rent" for an unspecified period of time. 10. Museum sign on rear of building has visibility to Butterfield Square area and Mercedes area. Additional Comments: Space allows growth in museum programs, school outreach programs, "friends of museum" activities, and the ability to receive artifacts of the valley for new displays. Excellent location for "Visitors Center" in Old Town as front has two entrances and two baths. Excellent property to sub-lease to another compatible retail store. ESTIMATED MOVE-IN EXPENSES: $7,500.00 Exact moving quotations cannot be made until next week, Move-in Expenses would include: 1. If not "volunteered". a nominal expense in having a museum professional help with placement o~ display area. Could be provided by county museum system. 2. Professional moving of displays with volunteer help. 3.If not "volunteered" .... installation o¢ a security system. Museum has one now. 4. Open House ..... scheduled for the latter part of July To Include: Friday Evening .... By Invitation Only A. Given to announce museum's new location and, if desired, Temecu]a's new visitors center B. Apprise our "united" purpose with the City to "Preserve the Past" of the Temecula Valley C. Publicly thank the City for their contrib- ution. Will include: Finger Coods, wine ¢rom Temecu]a Wineries, and sort drinks Saturday Day ......... Open to Public A. Same as Friday Evening Will include: Sort drinks, and cookies... Additional expenses: Invitations Stamps Flyers Newspaper publicity COMMEPCIAI, BUILDING 41950 brain Street Temecula, California Building size: 2200± s~uare feet Lot size: 50 x 150 - 7500 sauare feet Parkinq: Additional 50 x 150 sauare feet adjoining parking lot, fully fenced and paved. 10 spaces on building lot; 16 on adjoining lot. Building is newly remodeled., air conditioned and insulated, fully carpeted. 2 bathrooms, 2 front doors and 2 rear doors. Owner desires to lease building as a single unit at the rate of $1.35 per square foot, for a total monthly rent of $2,970.00. Owner will pay property taxes, fire insurance on structure and water. Electrical, gas, and maintenance of parking lot to be paid by leasee. Owner may consider dividing the building into two units of 1100± square feet each. Each unit would have one bathroom, one front and rear door, and separate electric meters, air and heating systems. Cost of maintaining parking areas would be shared equally. Unit A (next to two story building) would rent for $1.35 per sauare foot, or $1,485.00 per month. Unit B (East side with bay window) would rent for $1.48 per square foot, or $1,628.00 per month. The building was designed for a possible split, and it will take approximately seven working days to install the divid- ina wall. A minimum two-year lease is required. Owner: Loyd Sever Loyd A. Sever 30105 Cabrillo Avenue Temecula, CA 92390 714/676-9249 .x' / TEMECULA III 28601 Front Street Temecula, California Owner: Mike Butler Representative: Bob Morris Home 676-2893 Work Site 699-9629 Current location of: Its About Time Clock Store Store area: Rent: (Verbal) 1200 square feet $1.38 per square foot..gross lease Landlord might be soft on price. Special Request: Other Comments: 1. 2. 3. 4. That the museum stay open the hours of other retail stores in Temecula III... Board Members feel this might be difficult to staff volunteers long hours during the holiday seasons. Good location and visibility Size boarders on being too small for growth program Great area for sign visibility Keeping same hours as other retailers a negative factor Rent not a good value for a museum, however reason- able for pure retail PACKING CRATE GIFTS 28636 Front Street Suite 108 Temecula, California Owner/Landlord: S. Michelle Perry Phone: 676-1358 Space: Option B 1823 Square Feet Rent: Sublease Situation Option B calls for $1.21 + $.36 CANS = $2862.00~ See attached offer letter, please ...... Additional Comments: 1. Makes museum part of an existing operation thru sub-leasing 2, Good visibility and good location near Old Town attractions 3, Rent on high side More space for money at Old Sears Store 5. Near new restaurant a plus 6. Adequate parking in rear Mrs. Perry states if her CAMS decrease, ours will follow. 28636 FRONT ST. · SUITE 108 · TEMECULA, CA 92390 (714) 676-1358 Old Town Temecula Museum 28670 Front St. Temecula, CA. 92390 Becca Nakaya April 22, 1991 Dear Becca, Thank you for your interest to lease the space at 28636 Front St. Suite 108 Temecula, CA. Per your request, I've enclosed a floor plan of the space with 3 options noted depending on the amount of space the museum is interested in leasing. Option A: Option B: Option C: 814 sq ft. X $1.21 + $.36 CAMS = $1278.00 1823 sq ft. X $1.21 + $.36 CAMS = $2862.00 2637 sq.ft. X $1.21 + $.36 CAMS = $4148.00 Although I cannot guarantee it the current owner of the buildinK has expressed an indication that the CAM charges will be decreased to approximateley $.25 which would decreases the lease by approx. $200.00. If he does this I will pass on this savings to you. Electric and gas bill are approx. : Option A: $75-100.00 Option B:$175-225.00 (greater sq ft. plus more spotlights) Option C: the combination of A&B Through my current lease, I could lease the space to the museum until 11/1/93 with a 5 year option to renew at current market price depending upon your needs. Due to other interested parties, I would appreciate your response to this proposal by 4/24/91. I look forward to working with you and the Old Town Temecula Museum. encl: floor plan buildins benefits Sincerely, S, Michele Perry 28636 FRONT ST. · SUITE 108 · TEMECULA, CA 92390 (714) 676-1358 Current Building Benefits: This space is ideal for the museum use due to existin~ modificatins: Modification: Wood beam ceiling Carpeted Lighting installed w/ spotlights Heating & Air Conditioning Security system Bank vault Volunteer/employee restrooms Public Restrooms 60 auto parking lot Benefit: A better security ceiling than usual T-Bar ceiling & decorative No capitol outlay Better displays No capitol outlay Can be adapted for your needs Can be used for display and tourist draw or secured storage Inside space for exclusive use A key is available for the large clean restrooms next door Large parking space for vour customers Although there are 3 doors, one can be blocked off by the new restaurant and the other two would need to remain open during business hours as any newer building in the City of Temecula for fire code requirements. The rear door is also an asset for access for your patrons who use the rear parking lot. There are other security measures that can be utilized other than limitinR safety exits that current museums use. The bank vault is currently th~ home for the Visitor Center. If the museum would be interested in pursuit of this service, I would be available for consultation. EXHIBIT A 108 {,.. P,- ,,/ ,-- INFORMATION ON RELOCATION OPTIONS: CURRENT USABLE DISPLAY SPACE IN MUSEUM MANY TURNOVERS IN DOWNTOWN OLD TOWN ...... 600-700 S~,FT Temecula III space available ..... MOST IDEAL A. centrally located B. good parking and visibility C. adequate space for growth for permanent or temp- orary stay D. owner should negotiate because of vacancy ....... current rent is $1800 per month. E. safe new building to house museum F. good draw for other stores... Lower level of Rancon Building on Front Street now looking for retail renters. (across from Tem III) Butterfield Square is beginning a turnover..· A. Liz Pasqual, owner, Bob Morris, builder Managed by Burnham's Carlene Daniels (or Danielson) B. Quaint center needs draw and future renters will be demanding upgrades in construction ..... owners will have to go along sooner or later if they want to keep their tenants C. Former location of Chocolate Florist (free- standing building of 873 sq.ft. could be upgraded for museum ...... with available outside display area on porches and in courtyard (with permission of tenants}. House at the "T" of Mercedes and Third (past Butter- field Square and the Ponderosa Inn) A. (heresay) Was upgraded for commercial use...and sold as tho it was zoned accordingly. B. Zoned Residential .... I think. C. Advertising ..... freeway view and in Old Town D. Sq. footage unknown E. Rent unknown THE TEMECULA MUSEUM - INDEX TEMECULA MUSEUM BOARD OF DIRECTORS TEMECULA MUSEUM COMMITTEES TEMECULA MUSEUM DOCENTS TEMECULA MUSEUM VISITOR STATISTICS SAM HASSON LETTER, DATED MARCH 26, 1991 MUSEUM BOARD RESPONSE LETTER, DATED APRIL 2, 1991 MUSEUM BOARD LETTER TO TONY TOBIN, DATED APRIL 2, 1991 TONY TOBIN RESPONSE LETTER\ENCLOSURES, DATED APRIL 9, 1991 SAM HICKS INVENTORY OVERLAND BANK/KAiSER DEVELOPS~ENT INVENTORY & BILL OF SALE TEMECULA MUSEUM 1990-1991 BUDGET TEMECULA MUSEUM REQUEST FOR MONIES FROM TEMECULA'S "COMMUNITY SERVICE FUND1NG PROGRAM" HENRY ANN COMPANY PREPARED BUDGET FOR ST. CATHERINE CHURCH RESTORATION, DATED NOVEMBER 28, 1990 GRANT DEED, DECLARATION OF RESTRICTIONS FOR SAM HICKS MONUMENT PARK (COPY) TEMECULA MUSEUM LEASE (COPY) ORIGINAL ARTICLES OF INCORPORATION, CERTIFIED JUNE 19, 1987 DEPT. OF TREASURAY EMPLOYMENT I.D. INFORMATION APPLICABLE MUSEUM CORRESPONDENCE/COMMUNICATION TEMECULA MUSEUM OFFICERS 1990 PRESIDENT: 1st V.P. 2nd V.P. Treasurer Exec. Sec. Curator Historian Becca Nakaya Nancy Maurice Helga Berger Bill Harker Dennis Frank Tony Tobin Glenn Travis 676-0322 676-3060 699-4402 676-4718 699-4950 676-6329 676-017 Adlesperger, Richard Berger, Helga Bell, Emma Davis, Mary Frank, Dennis Harker, Bill Herron, Sis DIRECTORS Hopkins, Betty Humbert, Paul Lesser, Selma Maurice, Nancy Nakaya, Becca Travis, Glenn Welsh, Barbara EXECUTIVE BOARD Becca Nakaya, Nancy Maurice, President 1st Vice Pres. Dennis Frank, Ex. Sec. Bill Harker, Treasurer TEMECULA MUSEUM COMMITTEES Publicity Fund Raising Docents Education Arts & Publication Chairman Member Chairman Member Chairman Member Chairman Member Chaiman Richard Adelsperger Selma Lesser Becca Nakaya Dennis Frank Nancy Maurice Sis Herron Bill Harker Becca Nakaya Sis Herron Emma Bell Nancy Maurice Mary Davis Tony Tobin Glen Travis Mary Davis Membership Chairman Acquisitions Chairman Tony Tobin Facilities/New Buildin9 Co-Chairmen Advisor Builder Advisor Decorator Museum Decorator/ Advisor Tony Tobin Dennis Frank Becca Nakaya *Lottie Aidstat 676-)2~ * Lottie will help us with some pricin9 TEMECULA MUSEUM DOCENT ROSTER Adams, Cindy Bell, Emma Bendikson, Maxine Boertiger, Betsy Cook, Flav Entsminger, Emelie Flesher, Vivian Hynch, Helen Larson, Pauline Lesser, Selma Lewis, Becky Marsden, Carol Norland, Bob & Louise Restivo, Audrey Taylor, Bob & Bea Thompson, Mary Travis, Glenn VanCamp, Phil & Mary Volarevich, Dee Walsh, Lorette Webster, Donna Adams, Charlene Affolter, Barbara Akins, Apolomia Allred, Sharon Baker, Sally Berger, Melga Burrows, Jack Davis, Mary Grimes, Edna Leather, Charlotte Lincoln, Peggy Mahurin, June STANDBYS Maldonado, Marsha McCord, Dottie McCurdy, Clara Mitterwallner, Olivia Moroz, Connie Pelonero, Connie Patterson, Gladys Schmidt, Joan Tobin, Tony Verdin, Lila Welsh, Barbara Williamson, Ginnie THE TEMECULA MUSEUM -- VISITOR STATISTICS MONTHLY STATISTICS: FROM PERIOD: SEPTEMBER 23, 1989 Total Recorded Visitors: Total Average Monthly Visitors: Total Foreign Visitors: Total Foreign Countries Represented: SEPTEMBER 1990: Total Recorded Visitors: OCTOBER & NOVEMBER 1990: Total Recorded Visitors: DECEMBER 1990: Total Recorded Visitors: Out of State Visitors: Out of Country Visitors: Total States Represented: Total Foreign Countries Represented: JANUARY 1991: Total Recorded Visitors: Out of State Visitors: Out of Country Visitors: Total States Represented: Total Foreign Countries Represented: thru AUGUST 31, 1990 12,424 1,129 390 25 1 , 043 1,958 926 297 65 38 13 1,129 190 77 28 13 THE TEMECULA MUSEUM - FOREIGN VISITOR STATISTICS PERIOD OF: September 23, 1989 thru August 31, 1990 (Alphabetical Order) (Numerical Order) AUSTRALIA 8 CANADA 95 BAJA 30 ENGLAND 86 BELGIUM 7 JAPAN 60 CANADA 95 SPAIN 35 CHINA (HONG KONG) 5 BAJA 30 DENMARK 7 GERMANY 27 ENGLAND 86 ITALY 10 FINLAND 1 AUSTRALIA 8 FRANCE 5 SWEDEN 8 GERMANY 27 BELGIUM 7 GUATEMALA 1 DENMARK 7 HOLLAND 7 HOLLAND 7 HUNGARY 4 FRANCE 5 IRELAND 4 CHINA IHONG KONGI 5 ITALY 10 MEXICO 5 JAPAN 60 HUNGARY 4 MEXICO 5 IRELAND 4 NEW ZEALAND 3 TAIWAN 4 NORWAY 1 VENEZUELA 4 SCOTLAND 3 SCOTLAND 3 SPAIN 35 NEW ZEALAND 3 SWEDEN 8 FINLAND 1 SWITZERLAND 1 NORWAY 1 TAIWAN 4 SWITZERLAND 1 VENEZUELA 4 GUATEMALA 1 TOTAL VISITORS 390 390 TOTAL FOREIGN COUNTRIES REPRESENTED: 25 THE TEMECULA MUSEUM - VISITOR STATISTICS DECEMBER 1990 BY FOREIGN COUNTRY (Alphabetical Order) (Numerical Order) AUSTRALIA 3 FRANCE 15 BELGIUM 2 ENGLAND 14 CANADA 7 CANADA ENGLAND 14 NEW ZEALAND 4 FRANCE 15 GERMANY GERMANY 4 SPAIN HUNGARY 2 IRELAND 3 IRELAND 3 AUSTRALIA 3 MEXICO 3 MEXICO NETHERLANDS 2 NETHERLANDS NEW ZEALAND 4 BELGIUM SCOTLAND 2 SCOTLAND SPAIN 4 HUNGARY TOTAL 65 TOTAL 65 TOTAL COUNTRIES REPRESENTED: 13 THE TEMECULA MUSEUM - VISITOR STATISTICS DECEMBER 1990 BY STATE (Alphabetical Order) (Numerical Order) ALASKA 6 ARIZONA 28 COLORADO 13 CONNECTICUT 7 DELAWARE FLORIDA 12 IDAHO 1 ILLINOIS 5 INDIANA 4 IOWA 2 KANSAS 4 LOUISIANA 4 MAINE 1 MARYLAND MASSACHUSETTS 7 MICHIGAN 9 MINNESOTA 8 MISSOURI 4 MONTANA 2 NEVADA 10 NEW JERSEY 14 NEW MEXICO 9`4 NEW YORK 4 NORTH CAROLINA 4 OHIO 8 OKLAHOMA 2 OREGON 2 RHODE ISLAND 2 SOUTH CAROLINA 4 SOUTH DAKOTA 8 TENNESSEE TEXAS 13 UTAH 3 VERMONT 6 VIRGINIA 3 WASHINGTON 25 WISCONSIN 1 WYOMING ARIZONA WASHINGTON NEW MEXICO NEW YORK OREGON NEW JERSEY COLORADO TEXAS FLORIDA NEVADA MICHIGAN SOUTH DAKOTA MINNESOTA OHIO MASSACHUSETTS CONNECTICUT VERMONT ALASKA PENNSYLVANIA KANSAS INDIANA MISSOURI SOUTH CAROLINA NORTH CAROLINA NEBRASKA VIRGINIA UTAH WYOMING DELAWARE IOWA MARYLAND OKLAHOMA MONTANA TENNESSEE RHODE ISLAND IDAHO WISCONSIN MAINE 28 25 24 2O 20 14 13 13 12 10 9 8 8 8 7 ? 6 6 6 4 4 4 4 4 3 3 3 3 2 2 2 2 2 1 1 1 TOTAL 297 TOTAL 297 TOTAL STATES REPRESENTED: 38 THE TEMECULA MUSEUM - VISITOR STATISTICS JANUARY 1991 BY FOREIGN COUNTRY (Alphabetical Order) (Numerical Order) AUSTRALIA 1 FRANCE 23 CANADA 20 CANADA 2O CHINA 2 MEXICO 10 ENGLAND 3 SWITZERLAND 5 DENMARK 4 DENMARK 4 FRANCE 23 SOUTH AFRICA 4 MEXICO 10 ENGLAND PAKISTAN 1 ROMANIA ROMANIA 2 CHINA SCOTLAND 1 SCOTLAND SOUTH AFRICA 4 AUSTRALIA SWITZERLAND 5 PAKISTAN USSR 1 USSR TOTAL 77 TOTAL TOTAL FOREIGN COUNTRIES REPRESENTED: 13 THE TEMECULA MUSEUM - VISITOR STATISTICS JANUARY 1991 BY STATE {Alphabetical Order) (Numerical Order) ~SKA 1 iONA 7 3RADO 11 qECTICUT 4 RIDA 6 .~.,HO 4 ILLINOIS 5 KENTUCKY 2 MARYLAND 1 MASSACHUSETTS 11 MICHIGAN 3 MINNESOTA 12 MISSOURI 6 NEVADA 8 NEW JERSEY 8 NEW MEXICO 3 NEW YORK 8 NORTH DAKOTA 4 OHIO 14 OKLAHOMA 5 OREGON 9 PENNSYLVANIA 2 SOUTH CAROLINA 5 TENNESSEE 1 TEXAS 17 VIRGINIA 6 WASHINGTON 8 WISCONSIN 13 TEXAS OHIO WISCONSIN MINNESOTA ~ASSACHUSETTS JOLORADO OREGON NEW JERSEY NEVADA NEW YORK WASHINGTON ARIZONA FLORIDA MISSOURI VIRGINIA ILLINOIS OKLAHOMA SOUTH CAROLINA CONNECTICUT IDAHO NORTH DAKOTA MICHIGAN NEW MEXICO KENTUCKY PENNSYLVANIA ALASKA TENNESSEE MARYLAND 17 14 13 12 11 11 9 8 8 8 8 7 6 6 6 5 5 5 4 4 4 3 3 2 2 1 1 1 TOTAL 190 TOTAL 190 TOTAL STATES REPRESENTED: 28 $win Inn C fe Somuel & Gloria Hosson 28676 Front ST Temeculo Ca 92390 P.O. Bo~ 556 March 26, 1991 OLD TOWN TEMECULA MUSEUM Dear Board of Directors, Due to circumstances beyond our control we are hereby fivinl you notice to vacate the premises of the Old Town Temecula Museum at 28670 Front Street by Nov. 1, 199[. Please acknowledge in writinl that you have received this notice and understand its contents. THE TEMECULA MUSEUM Post Office Box 792 Temecula, California 92390 (714) 676-0021 (714) 676-6329 (Curator) April 2, 1991 Mr. Samuel Hasson Swing Inn Cafe 28676 Front Street Temecula, California 923~0 RE: The Temecula Nuseum Dear Nr. Hasson: We are in receipt of your letter dated March 26, 1991 and acknowledge your request to vacate the current address of the museum at 28670 Front Street, by~'Nov~, ember 1, l~l. We greatly appreciate your early;notification, as pre-planning is lengthy and extensive. But more than that, the Board and its Docents laud your generosity and support of the Temecula Nuseum these past years. Without a doubt, it could not have survived and prospered without your assistance and yes, your charity. The Museum will work with you in every way possible thru these upcoming changes, but kindly asks, if the premises ha~e not been sold or assigned to someone else, the rent is the main cause 'for vacation and if an increase would serve to extend our time there. We would appreciate an answer prior.to'our next Board Neeting, April 16th.. Nost Sincerel~.,~,.~ firs. Becca Nakaya President Board of Directors Temecula Museum THE TEMECULA MUSEUM Post Office Box ?92 Temecula, California 92390 (714) 676-0021 (714) 676-6329 (Curator) April 2', 1991 Mr. Tony Tobin P.O. Box 153 Temecula, California 92390 RE: The Temecula Museum Dear Tony, We have received written notification to vacate the premises where the museum is located by November l, 1991. Mr. Hasson's letter is dated March 26, 1991. Dueto these circumstances and the city's takeover of the redevelop- ment program,~the Executive Board met on April 2nd to discuss and act. The Executive Board finds there are two solutions to these upcoming changes. The first is to turn the entire operation of the museum over to you, as a large percentage of the contents are personally yours. Other displays and artifacts will be returned, kept on loan, or sold, according to the wishes of the current. owners. Our second alternative is to approach the City:.of Temecula for support and management. This Board finds itself at a crossroads concerning the life and opera- tion of the Temecula Museum and because of this, is contacting you on how the items belonging to you, should: be dispersed. We find there are three choices: A. You may donate your artifacts to the Temecula Museum 8. Based upon an appraised value determined and accepted by both you and the Board, the Board may purchase the artifacts from you. C. You may take back your artifacts on a designated date, or by November 1, 1991, whichever comes first. In lieu of sending this by certified mail, Nancy Maurice has agreed to present it to you for discussion. Please respond by Friday, April 12, 1991, in writing, on how youwould best like this transaction to be handled. The Executive Board is open to any ideas and/or dis- cussion on these issues, however, your response by the 12th is essential in our ne9otiations to keep the museum open. In your response, please include all appropriate dollar amounts when deemed necessary. Thanks, Tony, for helping us work thru these major changes in the life of the Temecula Museum. Mrs. Becca .N.akaya President Board of Oirectors April 9, 1991 Temecula Museum Mrs. Becca Nakaya President, Bd. of Directors RE, Temecula Museum Artifacts. Dear Becca, In answer to your letter of April 2nd. in regards to the disposition if my artifacts in the museum and also in storage in my barn for use in our, hopefully, new museum, I would prefer choice "B". Quote- "Based on an apprasiad value determined and accepted by both you and the board, the board may purchase the artifacts from you." end quote. After the purchase I would donate back to the museum 1/3 (one third) of the purchase price as an endowment fund. If the museum will no longer exist after Nov. 1st. I will remove all my artifacts from the present location as I do not want to nor am I able to operate a museum on my own. We should do everything possible to keep this museum in operation for the good of the community. It should be done by the City of Temecula to preserve its historic past. What a sad moment in the life of our historic area. so much willbe lost to our future generations. Artarched is a list of my artifacts, and the appraised value, now in the museum. Also a partial list of things I have in storage at home, and an estimate of the value of same. There are many more items not listed because they are packed away. All these can be appraised at the time they are put into the new museum. There are budreds of artifacts that we will aquire if and when we have a new building to display them in, in other words a new museum. These include many historical pictures and documents. Sincerely,.~ ~ . Ton~inJ4~ Curator and Bd. Member Temecula Museum INVENTORY QUANTITY - C. all ~,d b~ ITOCK D l: $ C R I PT I O N NO. ~/1~, d// me / ! Amoun~ For~srd ~nded by F. xlmint~d b~, PRICE UNIT ItXT[NIION! STOCK NO. D E S C: R i P T I O N .. OUANTITY Amount Forward ,,/,./o ,./ ,./ z_ '9'6 q'/7 I / ! I / / UNIT EXTKNSlONS INVENTORY DESCRIPTION QUANTITY Amount ForwIrd Ex~ndecl by Examined by UM~T ~ h~c' I IXTINIIONI STOCK D E: S C Iq I P T I 0 N QUANTITY NO. Amount Forwzrd ¥ /~NIIC[ UNIT [XT[NSlONS C411 ~Kl b~ Entered b7 ~'rOCK NO. INVENTORY DESCRIPTION QUANTITY Amount Forward Priced by Exsmined by UNIT ./' EXTENIIONI STOCK Dle S C R I PT I O N ' Qu~T1TY NO. ~ Amount Forward EXTENSIONS INVENTORY Ex~:¢nded by ~ation ~/ ~.' ' Exmm~n~ b), ji D..,,t /i .~-I I I /~'I1 / ~, ¢,r-II I I / f~. ,-.,,r t. x I /rr I' / I,',~ /i ','~I /t ...rI / , ,ao I It-.1'1 I i !1 7.5'- !I I 'I / I .1' INVENTORY Extended by / / / / 1 / / / / / / / / t 99 ,\llliiillll Entered by ti I. i /01 L :! lO¥ I~ lip III 112 //~ i/¥ i1~ I1~ INVENTORY L~ation /~ D£$CRIPTICN /o /5' / / / / / t [X'T'[N$ION$ ' .) -/5 ° /5"- ?I.F - O E SC~11D""ION INVENTORY ;~ - / ~' ,9 ~'__~ , Priced by Sheet No. .2// ! ,.!,27 li II I ,/ /! C)epar t men t INVENTORY Priced by Ex[ended by Examined by .,4'o '1. I INVENTOI~Y Priced by Extended by E x-',min~d by · I L ..~q//~q.'U.o ' C:),.E: SC i~ I PTIC~'~I Ou ANTITY UNIT PlqlCI' UNIT Location INVENTORY Priced by Ex[ended by Examin~ by Enter~l by "7~/4(F , O[.~QRIPrI(jN [ (~U&NTITY UNIT PRICI[ iUNIT IrXT'rNSl~$ ERLE STANLEY GARDNER LIBRARY THE D.A. CALLS IT MURDER THE CASE OF THE MUSICAL COW MURDER UP MY SLEEVE THE CASE OF THE BAC~:WARD MULE THE D.A. BREAKS A SEAL THE D.A. GOES TO TRIAL UP FOR GRABS TRY ANYTHING ONCE TOP OF THE HEAP ALL GRASS ISNT GREEN THE CASE OF THE DARING DIVORCEE .RAPS NEED FRESH BAIT THE COUNT OF NINE PASS THE GRAVY CATS PROWL AT NIGHT WIDOWS WEAR WEEDS KEPT WOMEN CANT QUIT SHILLS CANT CASH CHIPS FISH OR CUT BAIT CUT THIN TO WIN CROWS CANT COUNT YOU CAN DIE LAUGHING SOME SLIPS DONT SHOW THE BIGGER THEY COME BEDROOMS HAVE WINDOWS TWO CLUES SOME WOMEN WONT WAIT BEWARE THE CURVES FOOLS DIE ON FRIDAY SAM HICKS INVENTORY HISTORICAL CENTER /2o-,- THE CASE OF THE GREEN EYED SISTER THE CASE OF THE GRINNING GORILLA BACHELORS GET LONELY THE CASE OF THE MOTH-EATON MINK THE CASE OF THE FUGITIVE MURSE THE CASE OF THE HISITANT HOSTESS THE CASE OF THE ANGRY MOURNER THE CASE OF THE RUNAWAY CORPSE THE CASE OF THE RESTLESS REDHEAD THE CASE OF THE GLAMOROUS GHOST THE CASE OF THE BLACK-EYED BLOND THE CASE OF THE HALF-WAKENED WIFE THE CASE OF THE ONE-EYED WITNESS THE CASE OF THE FIERY FINGERS THE CASE OF THE BAITED HOOK THE CASE OF THE CROOKED CANDLE THE CASE OF THE VAFABOND VIRGIN THE CASE OF THE FAN-DANCERS HORSE THE CASE OF THE LAZY LOVER THE CASE OF THE SILENT PARTNER THE CASE OF THE BORROWED BRUNETTE THE CASE OF THE DUBIOUS BRIDEGROOM THE CASE OF THE NEGLIGENT NYMPH THE CASE OF THE CAUTIOUS COQUETTE THE CASE OF THE DEADLY TOY THE CASE OF THE HAUNTED HUSBANC THE CASE OF THE DANGEROUS DOWAGER THE CASE OF THE AMOUROUS AUNT THE CASE OF THE DA.:.ING DIVORCEE TEIqECULA. CALIFORNIA 91~3f~0-~684 HISTORICAL CENTER THE CASE OF THE STEPDAUGHTERS SECRET THE CASE OF THE ICE-COLD HANDS THE CASE OF THE MISCHIEVOUS DOLL THE CASE OF THE PHANTOM FORTUNE THE CASE OF THE BLONDE BONANZA THE CASE OF THE RELUCTANT MODEL THE CASE OF THE BIGAMOUS SPOUSE THE CASE OF THE TERRIFIED TYPIST THE CASE OF THE FOOT-LOOSE DOLL THE CASE OF THE DARING DECOY THE CASE OF THE CALENDAR GIRL THE CASE OF THE LONG-LEGGED MODELS THE CASE OF THE SPURIOUS SPINSTER HE CASE OF THE NERVOUS ACCOMPLICE THE CASE OF THE SUN BATHERS DIARY THE CASE OF THE SCREAMING WOMAN THE CASE OF THE DEMURE DEFENDANT THE CASE OF THE GILDED LILY THE CASE OF THE LUCKY LOSER THE CASE OF THE LONELY HEIRESS THE CASE OF THE SHAPELY SHADOW THE CASE OF THE SINGING SKIRT THE CASE OF THE WAYLAID WOLF THE CASE OF THE DUPLICATE DAUGHTER THE CASE OF THE SUBSTITUTE FACE THE CASE OF THE PERJURED PARROT THE CASE OF THE CURIOUS BRIDE THE CASE OF THE CARETAKERS CAT THE CASE OF THE ROLLING STONES THE CASE OF THE SHOPLIFTERS SHOE FHE CASE OF THE SLEEPWALKERS NIECE THE CASE OF THE FABULOUS FAKE 27999 FI~0NT STI~EET TEPIECULA, CALI F01~NIA THE CASE OF THE CRIMSON KISS THE CASE OF THE CRYING SWALLOW THE CASE OF THE IRATE WITNESS THE CASE OF THE CARELESS CUPID THE CASE OF THE QUEENLY CONTESTANT THE CASE OF THE WORRIED WAITRESS THE CASE OF THE BEAUTIFUL BEGGER THE CASE OF THE HORRIFIED HEIRS THE CASE OF THE TROUBLED TRUSTER THE CASE OF THE HOWLING DOG THE CASE OF THE LUCKY LEGS THE CASE OF THE VELVET CLAWS THE CASE OF THE STUTTERING BISHOP THE CASE OF THE FENCED-IN WOMAN THE CASE OF THE POSTPONED MURDER THE D.A. CALLS A TURN THE D.A. BREAKS AN EGG THE D.A. HOLDS A CANDLE THE D.A. TA ES A CHANCE THE COURT OF LAST RESORT THE CLEW OF THE FORGOTTEN MURDER THE CASE OF ERLE STANLEY GARDNER(2) THE LAND OF SHORTER SHADOWS HUNTING THE DESERT WHALE (2) HOVERING OVER BAJA OFF THE BEATEN TRACK IN BAJA THE HIDDEN HEART OF BAJA HOST WITH THE BIG HAT THE WORLD OF WATER HOVERING OVER BAjA GYPSY DAYS ON THE DELTA NEGHBORHOOD FRONTIERS HUNTING LOST MINES BY HELICOPTER THE DESERT IS YOURS MEXICOS MAGIC SQUARE COPS ON CAMPUS DESERT PLANTS AND PEOPLE HISTORICAL CENTER/1; c;~~x AND ~ · ~I-OIL PAINTING "THEY PASSED THIS WAY" RALPH LOVE ~I-MEXICAN BRUSH PROTECTOR (HORSE)i'._ '~ -~':-'" 1-MEXICAN METAL PICTURE(MAYAN?) ~I-PICTURE OF SAM HICKS A~ ~UNG COWBOY :-'; . -.T~C, {-PICTURES BAJA ~VE / 2-s~sc. ,ICTURES ~ · ~7~gO l~190.N'T $TIiI~ET TEl'4I~CULA, CALIFO1R,~IA 023B0-2~84 HISTORICAL CENTER STREET TEI~f ECULA, CALIFORNIA OLD TOWN TEMECULA MUSEUM Located in Butterfield Square Monday, January 6, 1986 the Old Town Temec~la Museum received on loan the Temecula artifacts that were purchased from the Bianchi Frontier Museum in January, 1985 by Overland Bank and Kaiser Development Co. ~xxXk~x~im~xmfxxx' ~x~xR~x~x~RR~x~R~xxx.. The following items were purchased for $20,000. 1 ea. 5' X 9' diorama of Temecula Townsite, 1915 '2 ea. Vail Ranch Saddles 1 ea. Vail Ranch bell 2 ea. Vail RAnch horse collars 1 ea. Vail RAnch "No Hunting' sign 1~ ea. historical photo murals 1 ea. 20' X 8! exhibit platform with electrical system 1 ea. Antique showcase 1 ea. Winchester carbine 1 ea. Colt Single action Army revolver 1 Collection of Sam Hicks personal mementos 1 Collection of Erle Stanley GArdner personal emeorabilia 1 Collection of assorted Temecula memorabilia All of the a~mxm items above except for a few of the large murals and the Vail bell were moved into the museum Monday. The items are on loan pending the acquisition of a permanent museum site. On hand to over-see the move were members of the Museum Board of Directors, Curator, Tony Tobin, Allan McDonald of Overland Bank and Sherry.Prysock of Kaiser Development Co. '14-6'v6-0021 / 28690 Front Street. Suite 330 / Temecula. CA 92390 ADDENDUM Certain articles donated and/or outright gifts to the Frontier Museum Historical Center contained in this Bill of Sale are I:~ing transferred by virtue of this document, without charge. However, a ncminal value he~ been placed on the restoration, storage, insurance, historical research, security, showcasing, and curator services during the time that these artifacts were being maintained by the Frontier Museum Historical Center. They are herewith being transferred with no value assessed thereto for the actual articles. The Frontier Museum Historical Center herewith contributes U~re~ thousand Oollars ($3,000) of this value to be deducted from the $23,000 valuation on the artifacts, thereby leaving a net payable balance of twenty thousand dollars ($20,000). Valuations are u follows: 1 ca. Vail ranch saddle, owned by Mahlon Vail, with stand and accessories $ 1,500 1 u. Vail ranch saddle, wi~h star~ and accessories $ 1,000 (both saddles completely restored) 1 ea. Vail ranch bell, restored and mounted on a brass/walnut stand $ 1,000 Iea. Vail ranch "No Hunting" sign $ 50 2 ea. Vail ranch horse collars, restored and made into mirrors $ 500 14 ea. historical photo murals S 1,590 Iea. antique showcase, 24"x96"x40" $ 800 1 ea. 20~x8~ platform, wooden, with electrical system $ 600 1 ea. 5'x9' ¢iorama of Temecula Townsite w/ enclosure and table mount $ 12,000 A~ stated above, a'ncminal value has been placed on restoration, etc. of items no listed in the above valuations $ Gro~s valuation Contribution Net valuation The following items are appraised for reference purDoses only and not as a part of statement valuation: Collectio~ of Sam Hicks p~rson&; mementos Collection of Earle Stanley Gardner mementos Miscellaneous Temecula memorabila Colt S:A.A. revolver & Winchester carbine $ $ $ $ 3,960 23,000 3,000) 20,000 this sale 2,000 5,000 1,000 1,500 RECORDING REQUESTED BY ~ I/M,~N RECOIleD IdAP. TO ~ ISPA~ A~OVI; THIS LINt FOR RI:CORI~R'S USE) BILL OF SALE 1 ea. 2 e&. 1 2 ca. 1 14 I 1 .ea. 1 ea, Iea. 1 1 TI. um~rsign~l. Frontier Museum Historical Center, Temecula, California Im'a.l~lal~e~tloe, r~¢~tptolwhlc~t~hm'~/aclmowll<lg~l.0o ~ sellt~ OVE]~T,AND BANK anc~ KarLset ~</A/(~GR Development Company, Temecula, California 5'~' diorama of Tem~ula Tow~i~e w/pl~tic enclosure and table mount Vail Rash ~1~ Vail Rash ~11' Vail Rash ~r~ collars Vail Rash ~o Hunting" si~ hist~i~l p~to murals ~' x 8' w~n e~ibit platform wi{h el~trical system 24"~"x~" anU~ue ~wca~ Wi~ster ca~i~, caller 3~ Colt Si~g!e Action Army revolvnr, .4S. 7 1/~" bbl, u~d on Vail Ranch ~11~ti~ of ~m Hicks ~r~nal mement~ collation of Earle Stanley Gar~ner ~r~nal memorabilia collation of ~rted Tem~ula memorabilia For a total value of $23,~ (~e Addendum on ~al ~le value $20,~ reverse side) January 23, 1~85 STATE ~ CN.IF01~14 ~ I~ Riverside 0a ~ 23rd &W d January . in me year t98S. John E. ,B~.ancni TEMECULA MUSEUM ACCOUNT ACTIVITY 1990 BALANCES CD ACCOUNTS #221525 3an Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec I, 000 1,000 1 , 000 i, 000 !, 000 1,000 I, 000 1,000 !, 000 I , 000 i, 000 1,000 * REGULAR SAVINGS #14422935 Mar Interest Dep. Transfers Out Jun Interest Dep. Sep Interest Dep. Deposit from Savings Dec Interest Dep. Deposit from Savings BUILDING FUND #14433677 12/31/89 258.45 (1,500.00) 284.02 229.49 1,728.00 82.58 100.00 Bal . #221781 10,000 10,000 10,000 10,000 10,000 10,000 10,000 5,147.42 5,405.87 3,905.87 4,189.89 4,419.38 6,147.38 6,229.96 6,329.96 * 12,31 ,89 Bal. 8,065.82 Mar Interest Dep. 104.10 Donation Dep. 500.00 Transfer Out (6,000.00) 3un Interest. Dep. 23.75 Transfer Out (1,000.00) Sep Interest Dep. 22.56 Dec I~terest Dep. 25.89 Regular Dep. 500.00 8,169.92 8,669.92 2,669.92 2,693.67 1,693.67 1,716.23 1,742.12 2,242.12 * * Indicates balances in accounts as of 12/31/91 TEMECULA MUSEUM 1991 BUDGET EXPENSE: FACILITIES Rent Utiliti®s Telephone CHURCH BUILDING Moving Soil Tests foundation Masonry Engineering Fencing Dumster Porta Potties Painting OPERATING Postage P.O. Box Rent Printing Photo Copies Insurance Recording Services Bob Taylor Maps Blue Prints Stationery Filing fees Storage Rent TVCC Dues Trophies Signs Vacuum Repairs Party Supplies TAXES State Sales Tax State Corp. Tax IRS Tax Return FUND RAISING Rod Rally Balloon/Wine Festival Spirit of Temecula C.C.S. Fee C.C.S. Support MISCELLANEOUS Out of Pocket Reimb. 1990 Actual 7 , 200 750 371 2,125 144 2 , 030 3,285 800 309 192 345 31 49 28 213 14 1,493 41 190 227 15 24 280 82 128 72 8 481 233 2(:, 9 160 100 666 7 , $00 1,071 73 30,765 1991 Budget 7.200 750 370 400 300 180 150 60 28 200 15 1,500 200 15 90 125 200 183 25 Total 11,991 TEMECULA MUSEUM 1991 BUDGET INCOME: At Museum Sales Donations Other Sales Spirit of Temecula Doll House Raffle Rummage Sale Other Donations Roripaugh Maldonado Lioness American Media Calif. Comm. Foundation John Burnham Anonymous Total Income Total Expense Cash Flow 1990 Actual $ 2,706 3,355 2,000 944 1,200 500 100 500 900 1,000 1,260 1,500 15,965 30,765 24,800 ) 1991 Budget 3 , 000 4,000 5 , 000 12,000 11 ,991 9 1. Need to increase museum sales by 10 ~ 2. Need to increase museum jar donations by 3. Need $5,000 fund raiser to balance budget OLD TOWN TEMECULA MUSEUM ACTUAL VS BUDGET JAN. 1991 INCOME This Month Act 8ud At Museum: Sales Donations Ytd Other: Sub Donations 474 250 474 284 333 284 EXPENSE Total 768 583 768 Faciliti Church: es: Rent Utilities Telephone Total Engineering Fencing Dumpster Porta Pottles Operating: Postage P.O. Box Rent Printing Photo Copies Insurance Taylor Maps Stationery TVCC Dues Trophies Party Sulpplies State Sales State Corp. 600 68 6 5O 739 183 600 62 31 25 183 Taxes: 178 Total 1824 Unbudgeted: 6OO 68 6 50 739 183 178 1824 Annual Bud 3000 4000 7000 5000 i2000 7200 750 370 400 300 180 150 60 38 200 15 1500 200 15 90 125 200 183 25 11991 Income Expense Variance 768 1824 (1056) 768 1824 <lOS6) 12000 11991 9 OLD TOWN TEMECULA MUSEUM ACTUAL VS BUDGET Feb. 1991 INCOME This Month Ytd Annual Act Bud Act Bud At Museum: Sales Donations 436 250 910 3000 564 333 858 4000 Total 1000 583 1768 7000 291 291 5000 Total 1291 1291 12000 Other: Sub Donations EXPENSE Facilities: Rent Utilities Telephone Church: Engineering Fencing Dumpster Porta Pottles Operating: Postage P.O. Box Rent Printing Photo Copies Insurance Taylor Maps Stationery TVCC Dues Trophies Party Sulpplies Taxes: State Sales State Corp. 600 600 1200 7200 50 62 118 750 19 31 25 370 25 180 20 739 9O 25 180 Unbudgeted: 46 Total 1030 75 180 2O 739 9O 183 224 2854 400 300 180 150 60 38 200 15 1500 200 15' 90 125 200 183 25 11991 Income Expense Variance 1291 1030 261 2059 2854 ( 795 ) 12000 11991 9 CITY OF TEMECULA COMMUNITY SERVICE FUNDING PROGRAM Amount Requested $25,000 _ Project Starting Date: NOVEHBI~R 25~-1990 Project Ending Date: JUNE 1, 199j ORGANIZATION'S BACKGROUND: Name of Organization TEHECULA MUSEUH Mailing address P.O. BOX 792 Telephone number 676-0021 (PRES_ZDENT: 676-0322) Number of paid staff none Number of volu.teer hours contribu[ed i. past year Geographic area(s) served Yearfounded 1985 Number of volunteers 50 + or - 1,200 to 1,500:DOCENTS AND BOARD MEMBERS TEMECULA VALLEY AND TOURISTS Is this organization incorporated i. California as a non-profit orga.ization? Yes X r.lo If "yes": Date of i.corporatiol~ as a non-prolitjANUARY, 1987 Federal identification ~umber 33-0152755 State identificatio..umber 1588966 If "no": Name of sponsoring u{ganization Its federal identilicatio. number Its state identificatio. number This application has been authorized by the organiza[io.'s: Executive Committee Board of Directors Members-at-large FINANCIAL STATEMENT (Based on your organization's last fiscal year) ,COME Fundraising $ 22,873 Foundation grants $ 0 United Way $ 0 Government funds $ 0 Other sources $ 4,641 SOUVENIR SALES AND BANK INTEREST EXPENSES Salaries $ Operating expenses $ Community services $ Amount sent to national/parent organization Other expenses 0 11,899 0 0 7.614~ Please note with an asterisk any numbers you think require additional explanation. and comment on these items.. COST OF MOVING ST. CATHERINE'S CHURCH FROM FRONT STREET TO PRESENT LOCATION AT SAM HICKS MONUMENT PARK In addition, please attach the organization's most recent treasurer's report or financial statement. (It does not require a CPA's audit, but please submit if available.) Your Organization's Mission: Briefly describe the goals and objectives of your organization and the major community services it provides. OUR IblMEDIATE GOAL IS TO RESTORE AND REHABILITATE THE CHURCH FOR USE BY THE MUSEUM, THE PUBLIt AND THE CITY OF TEMECULA. AT THE SAME TIME, WE SHALL INTRODUCE PROGRAMS WITHIN THIS CHURCH WHICH WII,T. IDENTIFY IT FOR THE COMMUNITY AS A MINI-MUSEUM. FORERUNNER TO A LARGER ONE. THEREB ENCOURAGING AN AWARENESS OF OUR PAST. WE SHALL EXPLORE THE FEASIBILITY OF WORKING WITH THE CITY TO OFFER JOINTLY MEETING SPACE FOR SMALL GROUPS SUCH AS SCOUTS, MUSIC PERFORMANCE, ART EYHTRTTR F. VF.N W~DDTNC,.R A.R A RF. qIII.T, THE RESTORED ,qTRUCq/IRE WT1,1, BE A .RO[IRCE OF INCOME TO COVER OPERATING COSTS AS WELL AS PROVIDING A START-UP FUND FOR THE FtFFURE MAIN-MUSEUM STRUCTU TO RE RIITT.T FVENTITA[.1.Y AD. TACENT TO THE CHIIRCH-MTNT-MII.qEUM. OUR LONG-TERM GOAT. .qHOIIT,D RE FMPH SI7.ED -- NAMFT.Y, TO BUIT.D A NEW blUSEUM FACILITY AT THE SAM HICKS PARK WITH AMPLE SPACE AND "-TAFF FOR GROWTH AND THE DEVELOPMENT OF A PROFESSIONAL MUSEUM PROGRAM WHICH WILL EXTEND ITS ,<ESOURCES INTO THE COb~!UNITY, ESPECIALLY AS AN OFFERING FOR SCHOOLS AND qq{E YOUTH OF TD1ECUL^ M ~M-AII Accounts ALL ACCOUNTS As of 11/19/90 Account ASSETS Cash and Bank Accounts 01010992S-CHECKING 221525-CD 227181-CD BUILDING FUND-14433677 REG SAVINGS-14422935 Total Cash and Bank Accounts 11/19/90 Balance 4,053.75 1 , 000. O0 3,819.14 I ,716.23 6,247.38 16,836.50 16,836.50 0.00 16,836.50 TOTAL ASSETS LIA8ILITIES OVERALL TOTAL MUSEUM-All 11/25/90 Accounts SUMMARY REPORT 8/20/90 Through 11/19/90 Category Description 8/20/90- 11/19/90 INCOME/EXPENSE INCOME CD221525 DONATIONS FUNDRAISER OTHER INCOME REFUND TOTAL INCOME EXPENSES BANK CHARGE COST OF FUNDRASING LEGAL & PROF. FEES MISCELLANEOUS EXPENSE PHONE AT MUSEUM POSTAGE RENT FOR MUSEUM RENT PAID OTHER TAXES UTILITIES Expenses - Other TOTAL EXPENSES TOTAL INCOME/EXPENSE TRANSFERS TO 010109925 FROM 227181 TOTAL TRANSFERS BALANCE FORWARD BUILDING FUND TOTAL BALANCE FORWARD 105.85 265.00 1,728.00 1,372.50 59.00 3,530.35 10.00 4,499.84 41.00 50.00 135.85 36.75 2,400.00 145.89 6.00 322.10 0.00 7,647.43 -4,117.08 -6,180.86 6,180.86 0.00 22.56 22.56 -4,094.52 Page 1 OVERALL TOTAL MUseuM-All Accounts 11/25/90 PROFIT & LOSS STATEMENT 8/ 1/90 Through 11/30/90 Category Description 8/ 1/90- 11/30/90 INCOME/EXPENSE INCOME C.D. LOAN CD221525 DONATIONS FUNDRAISER INTEREST FROM CD MAP SALES OTHER INCOME REFUND TOTAL INCOME EXPENSES BANK CHARGE 8UILDING COST COST OF FUNDRASING LEGAL & PROF. FEES MISCELLANEOUS EXPENSE OFFICE EXPENSES OUT OF SPACE STORAGE PHONE AT MUSEUM POSTAGE RENT FOR MUSEUM RENT PAID OTHER REPAIRS TAXES UTILITIES VOLUNTEERS Expenses - Other TOTAL EXPENSES 3,700.00 105.85 602.50 1,728.00 61.82 800.00 1,372.50 59.00 8,429.67 10.00 25.00 8,471.97 41.00 50.00 85.10 90.00 135.85 38.75 2,400.00 145.89 7.50 6.00 322.10 6.99 0.00 11,836.15 -3,406.48 Page TOTAL INCOME/EXPENSE Project{s) needing award funding · .~w will your organization use any funding awarded? Give the proiect's objectives, number of persons served, area where services are provided, and number of volunteers involved. Be specific. Note any equipment or services that the award .to,my would purchase a~d why it is needed. Please include a detailed budget and a schedule of significa.t activities related to this project. Please attach a maximum of one double-spaced typewritten page of halotreat)on if you need to expand your answer beyond this space. 1. R~RE AND R~ABILITATE ~E ~NATED CHURCH, ADDING H~T, POWER, R~TR~S. 2. R~TAL OF ~E FACILITY WILL PROVIDE A SOURCE OF FUNDS FOR ~E SECOND PHASE OF OUR MASTER P~N, N~-IELY, A ~LLY EQUIPPED ~SEUM ADJACENT TO THE RESTORED ~URCH. 3. AS ~CH WORK AS CAN BE ~NE BY VOLUNTEERS WILL BE ~NE IN THIS WAY. HOWEVER, A CONSTRUeION SUPERVISOR IS NEEDED FOR MAJOR WORK. 4. WE SHALL ENLIST COUNTY AND STATE MUSE~ CONSULTANTS TO INITIATE AN OVER-ALL SCHEDULE FOR EVALUATING AND CATEGORIZING OUR PRESENT ~TENSIVE HOLDINGS, A~AL WORK TO BE ~NE BY VOL~TEERS A~ER PROPER TRAINING. 5. GRADUATE STUDENTS AT THE UNIVERSITY OF CALIFORNIA SPECIALIZING IN R~ATED FIELDS SU~ AS HISTORY, ARCHEOL~Y AND ART, WILL BE AVAILABLE TO US AT N~INAL FEES. 6. WE ANTICIPATE THAT MUSEUM-SPONORED PR~RAMS EVEN IN THE SMALL CHURCH FACILITY WILL EDUCATE lief. ~E LARGER EFFORT. ~ {Sign both if same) I AND 676-0021 (President: (Telephone) (Signature. and title of President or Authorized Officer) THE TEMECULA MUSEUM (Organization Name) P.O. BOX 792, TEMECULA, CALIFORNIA, 92390 (Address of Organizatio.) Becca Nakaya, 676-0322) Novembcr 30, 1990 (Date) Return Completed Application to: Community Service Funding Program City of Temecula 43172 Business Park Drive Temecula, California 92390 PAGE 3. -- continuation THE CITY OF TEMECULA IN WHICH OVER 90% OF ITS BUILT ENVIRONMENT IS LATE TWENIETH CENTURY NEEDS A SERIOUS REMINDER OF ITS PAST u A REMINDER OF HOW OUR EARLIEST SETTLERS LIVED, WORKED, REJOICED. THE FORMAL BEGINNINGS OF OUR MUSEUM WAS IN 1985 IN A SMALL DONATED STOREFRONT SPACE WITH HOLDINGS AND ARTIFACTS COLLECTED OVER MANY DECADES. DECENDENTS OF EARLY TEMECULA VALLEY FAMILIES AND OTHER LOCAL RESIDENTS HAVE DONATED PERSONAL WESTERN COLLECTIONS AS WELL AS LOCAL INDIAN ARTIFACTS, PROVIDING US WITH A UNIQUE GLIMPSE OF THE PIONEER SPIRIT AND LIFESTYLE THAT WAS. NOW WE ARE READY FOR THE NEXT STEP--BEGINNING APPROPRIATELY WITH THE RESTORATION OF A TEMECULA LANDMARK, THE ST. CATHERINE'S CHURCH BUILT IN 1920 AND MOVED FROM ITS ORIGINAL SITE AT §th AND FRONT STREETS IN 1989 TO THE SAM HICk' MONUMENT PARK. SERIOUS RESTORATION AND REHABILITATION HAS BEGUN, BUT WE ARE HINDERED BY THE FACT THAT VOLUNTEER ENTHUSIASM AND HARD WORK ARE NO LONGER ENOUGH. THE FULFILLMENT OF NUMEROUS BUILDING CODE REQUIREMENTS AS WELL AS THE DF~IANDS OF ACCURATE HISTORICAL RESTORATION REQUIRE FUNDS. WE SHALL NEED TO HIRE A CONTRACTOR TO COORDINATE THE WORK THAT WILL MA£E THE CHURCH USEFUL NOT ONLY TO THE MUSEUM BUT ALSO TO THE EXTENDED COMMUNITY FOR WHICH WE ENVISION MULTIPLE USES. IT IS FOR THIS THAT WE ARE REQUESTING HELP FROM THE CITY OF TEMECULA. The TIE I[ItT-ill ClOil! FIIJ~CT: TEIECltl lOSEft CIISTIICTlll till IIllllt]1I ITSTEl liTE: IO£ 10110111 IfiIET PI(N!ATlOI FOIl OffGET STAOT 5&TE: iC£T! file 1011L CXIC! PLil I PCil 2 Pill ] ~Lfit PLAI5 PLil I Ptll 7 01[T SQFT: 1,170 I O 0 I ! I I ............................ ??--?-~. .................................................................................... ::::::::::::::::::::: 'EllElECT C15T$ ' ZlOO [01EIIOEOT FEES: 2101 111(IATIOI 2102 ISSESSOEIT 2113 IIIDPIEIIOIS CIIOITIIItl OSE DE.PT, IF I,E, ELECTIICIT! FLOOD COITIOL/DIAIBGE LAIDSCIPE fEES 2122 :!ACT I~P 2124ITILITI FEES/D(POSII$ 2125II/FRA FEES 2121II/f~l 2127IUEI FEES/IETEIS 2!21IISCELIIIEOI$ FEES 2~11IIl!l IIDIIECT COILS: 21#IIO, COITIlIEIC! TillIfil 2YlII~IIECT CIITIIQEICT: ,OTk Ill!ElECT ~ O 0 0 I I 0 0 I O I I I I 0 I 0 0 0 ..,.O 0 0 ~ O 0 I O O '0 I 0 0 O I I I O I I I O I I I I O 0 I 1 I I I I I I 0 I t 0 ~ 0 0 O O I O O 0 0 0 O 0 0 0 0 0 I ! 0 I ='0 0 O ,' ! I O a ':.'; t i O .....-t',. I I /i' I O I,' O I II o -:."- I I I - I I I .... i I ! ~ I 17/175 I7,97~10 IO IO IO El IO ................................................................................. The COlSTIL,.J .U MJ,,.Lh STSTEM :ATE: 13-Dec-90 FT, tiME! OF UIITS: ! ~ ! O 0 9 0 O ' SITE IlOIIl( ~m S~IIEY/STAL[iIQ ]ICq ,EST,IG/EAC[ 3200 EAtT~ fit[: ..... Z4 ','" ]304 lAW 0 0 0 0 0 w ~ C~ The any '~ !IlkNil IOkPll¥ ~[I SI~I!~ :!!TkACTS ~Oik:l!l !~:ET ~![NkAT!01 FOkM ~kOl[CT: TEIEC~LA I~[01 'CIUkCH tESTOIATIOI' BUDQE~ STAIT tATS: tAM! TOTAL q:~ECT S~ IT: 1,170 3~02 01 TIACT LIIES TiE ~T~I~MTS ,,~, ~,~ ..,. :. A,;; :, :~ I P'~' l 3~',~ .A~LL,S ILIS ~t,~ ~'~::' C~U!~ PIAI: Pll!~ PlAk I,i70 0 0 ~LAI IAPLA! 1~PLAI G PlAk 0 0 0 O 0 C 0 0 0 0 0 O 0 0 0 0 O 0 0 0 0 0 O 0 0 The any !~OQ ![CRIICAL S[JViI!S: T[II~T[ COITIOL !112 flESH !113 ' c :iiCl~, m~'r 4113 [ 114( H[AiT~S/IHT[LS 4t45 $lOl[IOll/[lll! FO[TiIIS I I 0 0 v v J SC~ ~: O 0 0 0 0 : 0 0 Ii ':' I! ':' S: $; S: I: I~ I: The ~r~". ~'~>~n p an y !ATE: !AIE~ ~UDET S~AIT lATE: ~CCTI IAIE IUDQET TOTAL loll[! CF IMIT$: 1 .................................. o 'IiECT :01STIlCT!eI' STAIIS/IA!LS HIAEITAL IETAI FIEPLACES IET~L ~EC&IIQ ~(TAI FIAMIIG SYSTENS 1~C ' C~STeM W90CWS)T :A~IIETS SUB-TOTAL CHUICH ~IAI IPlll 2 ~IAI 3 I O 0 O 0 l 0 0 0 I C~' t,CO~ 0 O 0 0 0 O 0 0 0 0 0 0 0 0 P MA~TER ~qAIr~MEN iN BUILDIN(] The l.~,~Ti~fm ~ ~ ~ ~2 o rn pan y PA;E 7 IQBGET STilT lATE: AC:Tt t~lE IQ~GIT TOTAL BIIT $Q 4ZSO AQIST~IE/TililAL PIOTECT:-~ . t255 ;ITTEIS/BOIIS~OUTS ~303 EMT~AMCES/STOi~FQ~WTS ~3~ IM,IS.S, FIINt[A/NAiSLE FLOOlIIQ/TILE CilIETIIQ ~AiITIli IALL CO~E!IMG CH~ICt PLANtPlAN i PLAI ] ' 0 a PLAN5 PLAli PLAIT 9 I 0 I ~ 0 O O O lO i0 lO 0 O 0 O O 0 O 0 0 0 O 0 0 0 O O I I 0 O 0 I O I I 0 0 O I 0 0 I I 0 O O C ~ 0 0 0 0 t 0 0 : O O ~ O O 0 O 0 O 0 I O 0 I 0 O O I 0 O 0 O ~ 0 0 0 lO 0 0 0 0 0 1,4&lT!~ CA~FTSMEN IN IUII. DINCJ The Hcnr7- Compaq7 TII~ I[11T-111 0~LI~I~II C01FIIT CllSTIgCTZOI LOll II",I[TOI~IG STST[I OAT[: I~-Oec-gl IOIE! OUI~[I P[IFAITIOI FOIl IO~GET STAll DATE: iCCTI I11[ leDGET TOTAL PIDI~CT Sq FT: tilt $QFT: IHIE! OF OI[TS: :::::::::::::::::::::::: 'IIIECT COISTIOCTIOr CAIPOITS DIIECTOIIES/SIGIS EIT!! ~iTE L.OE!SIVEITS I~OF hATCHES C. tlC Pt, Eft,l J[. 4~27 ISm1 [L[IATIIS lID0 I[C~ilJIlL: PLIIlll[ LITE!ILS ILl[l[ $TSTE! )tgllIIG FIXTOlES IH/SUIEIS SILI! hOT IAT[t CUIC!PLAI 1 PLII 2 1,1700 1,171I I 1 I I PLil ] PLIIq PLII ~ PLII l PLAI 7 0 I a l I o a o I I I I !': I 0 ~ O I I I ! ! I ! ~,111 I I , c?c SO 0 0 I 0 I O 0 0 I I I O O I I I I I 0 : P a o i o i i i i o r: T~ IUIY-&11 DUELOPNEIT PIOITCT fQ FT: lillE! l! 911TI: 'O]ECT CIKTIO:TIOI' COITIIOE~ 1~;~ '[U~: ......: ' 4681 !687 469Q DAT[: 13-hc-gQ 1,170 O Q 0 O O 0 0 0 ~ ~ 0 C ¥ O 9 I 9 0 0 i 0 O 1 0 0 0 9 I O I I The TIE I~11HII DEIELt~IEll CUIPAIY COISTIOCHOI [l&l IOlIIOlII[ NAN~ OO0;ET T~TAL JIlT SQFT: IUI!!l OF ~lIlf: PI01[CT: TIlECULl 105[gl 'COOIC~ IEHI!AH01' 1,170 0 O 0 'MOECT CI!STIOCHOI' COIHIO(O ::::::::::::::::::::::::: 4711 INEiEIEIO/STIPElIISTlI: ~PC ~ I I,~,L~AIEOUS TOOLS :.~ :... ~:. , ~:.,.:~ !715 TEIPOIAIY ccm,,mc 125 47~7 SgPPLiIS/~!IITIIG SITE 0 4110CIITIICTll OIE!~EAD: 1,508 dillCIITlACTI! PIOFiT', 6,72] i,7H 011:11. CIIHIGEICT TIAIS~EI ! I q~O] :llSTIOCTIOl :11TIIQEICT: O I ~4Q[ I0 S,I-,uTAI PLAN !APLAN 31~:!! IA PLAt 41 O 0 0 O 0 0 ~ 0 ! C O 0 $C $0 0 f, I S13,323 H~,203 $0 10 11 S0 lO S0 tO 1~3,~77 1~,337 $0 lO $0 $0 S0 $0 The ~r~. ~'~n p any I:OlST!III:TIII IHI IUITOtIll ' :01Ill AIEA L"STS ' , . ~AM;LAL!Q: $0 ~:I POIC!/LIG~TIIG 2~7 STAMPED COLLT, ::" .... ......... , CD~!',S 53~9 lATE! !OD![~/STIEAIS ~iO IOAT DeCIS O O ~. S~MAE 9 O 9".~ CAIPOITS :1': ;IT,R.,I '~:' .,LIA,:J PROc:'. 0 0 ~ T, !!,,El,, TEIEClLI IOSEgl 'O~OC~ OEITOIATIOI' PA~E ~2 IlIl t~ FT: ,'4 ' )AIIETI!f :OSTS' ~iO0 SI',.~/LEASE EI?EISES: ~i0: SALAIIES COMP. ISSleMS I!OC~OIES/CATALOGS DESIQI/P!O'~UCTIOl ~OIATII!S (205 MAIL!MGS RTT ~CBtIC IE~A, =212 c:', '.,~.W~,iA.,; EXCESS ILDi, COST FlOORfiG FU)NIS)IMgS 1,i70 I 0 PLA) 4 ILA!S PLAW~ 1LAM7 O 0 0 0 0 IO 0 0 0 FIOi[[~: T[N[IULA IOS[~I 'IHUICH O[fTOI&HOI'PIIE 1] l$3 ....,El $fiGET PIEPIIATIII Fill filET STilT lITE: 13-hi-~t A::I! lit[ TITiL COOKI ~L~II Pt~l l PLil] PtAI 4 PLUS ~LII ~ ~LII 7 UIIKT IQFT: I,!70 L[7I 0 I I 0 I I I lIlT ~l FT: 1,171 I I I I I I I Igllfl tF 01IT$: I I I ! I O I I I lillETilt :::::::::::::::::::::: ~Lill IEFIIlIS!/CIlIE!~!11 SIcllITT UTILITIES ISll OT![I IIlIETIli CISTI: ' A, DOES sO II ll ll II II II II 0 O I 0 I O I I I I O O 0 I 0 0 I I , I I I I I I I I I I ! I I I I I I I ll'I I I I I I I I ~1 I I I I I I I '/'1 I I I I I I I I: I I I I I I I I 0 .I O I I I I I I I I I : e 0 I ! 0 I 0 ~ 0 I 0 I ! 0 0 ! 0 0 O I DATE: 13-hc-Y BAR! TOTAL CH~qIH ~LAI 1 PLAI 2 PLA# 3PLAI 4 ..A~ 5 ~LA# 6 ?Lkl 7 lUllEl OF HITS: 'FIIAI~11~ COSTS' 7[02 ESCIQI/THLE 7103 LOA! FEES 718~ TAIE-O~T L~A! FTE :!:7 .... 10 I0 l: tO o a i 0 O 0 0 O I O 0 Ct3C! PlAN I PLAN2 ~IAN3PiAM! !!AIS PLAI~ PLAM 7 .................................................................. , ,i!;~cc, , ,, ::::::::::::::::::::::::: ~!OI !ITiEST CONTiNGi!CY: MA~TER C~IAFT~MEN IN IUILDINO The Henr - Ann Company TIEgEIIT-U~EgELIPIEITCII~AIT CIISTIICT[11 Lift HI]TIl]I~ ST$1EI PIII[CT: lATE: IS3 II!IOlEI IIO~ET Pl[PlliTIII Fill IfiGET STilT lATE: U.hrgl ICCTI IAIE TOTAL gilt SQ ~T: lUll[! IF ~212 IEIL [STITE TALES ~13 TITLE l ESC!II fill :IT, CIIHIGEICT TIUSFE! fil~ lIT[lEST COITZI~EICT,, LAID ElF[IS[ CII!Cl PLAI [tLil 2 PLAI )PLtl 4 PLII S PLII i PLII 7 1,171 I I I I I I I 1,171 I I I I I I I 1 I I I I I I I TIE IEIIT-ill tEIELIPIEll CIIPAI! CIIST!ICTIOl Lfil IOlITIlIl~ STST[I P!IIECT: TEIECILA IlSEll 'CIUtCI IESTIIATllI'PAlE liTE: IS] BOl!IIEI IODQET PIEFAlATIOI ~DII STilT DATE: ACCTI file TIIAL PIIIECT SIFT: [,170 IIH SQFT: IfilEl OF 'TITIL lITEIllS ' SALES PI1E/IL FT, SALE O~ OPTlOiS CIIICO PLll 1 PLD! 2 PLAI 3PLAI 4 PLil 5 PCAI [ PIAI 7 1,179 1,171 1 I O t I I I I 'TOTAL OEIEtPI[IT COSTS ' TOTAL lIO!OECT' TOTAL SAlE I00! .' TOTAL OI![CT COISTIUCTIOI ' TOTAL 01{ECT {VEtREAB/SUPEIVISlfi ' TOTAL filt[TIIG COSTS ' TOTAL FIIU:IIQ COSTS', TOTA! LAID EX?EISE ' ' TOTAl COITIIQ[ICIES' 1Hi DEVEIIPIEIT CDMHIQ[ICT: 2901 II~I![CT COITIff[ICY: 3901 SITElitE CIITIIQEIU: l.l CllSTI{CTIOI CIITIIQEICI: 5fil lillSCi~[ CIITIIQEICI: ~HI IAItET]IG COIllIEN:Y: 790I loll C151S CIITIIQflCI: 19~! IIT~DE~T COITI!;EEY: .99~! LAID COITII&EICT: 3,763 3,763 50,054 SO,OS4 15,283 15,213 l 1 I I ! 0 11~2,i35 SIAl 11.11 I1,11 ll.ll ll,II I1,11I1,11 SIAl l!,tl I1,11 I1,11 I1,11 I1,11 I1,11 11,11II,II I1,11 I1.10 ll,II I1,11 ll,II ll,ll fiji 11.11I1.11 11.11 I1,11 It,!1 11,11 II.ll I1,11 IO,ll I1.11I!,ll I1,11 lO,OO II,II ll,ll ll,II I1.11 I1.11ll. III!,11 fiji 11,11 II,tl ll,II ll,tl I1,11 11,1111,II lO,!O ll,ll tl. III1,11 II,11 I1,tl I1.11 !1,11I1,11 ILII I1.11 II.09 lO,lO IO,le I1,1~ fiji I1,11Ii.I~ I0,~ tl,II It.!! lO,OI l!,ll ll.!l le,ll II.11II,ll I1,11 ll,ll lO.II ll,el lO,llll,llII.!! fiji ll,fi fiji 11,lO f12,63L17 (805) T~"I.£C01~I w R: (805) LAW C)FFIC Ir S ]~I3]~If]E, WILLIAI~S ~ SO~ENSEN SUIT~ COSTA MESA, CALIFORNIA (714) Hatch 25, Ms. Nancy J. Maurice Maurice Printers 42327 Rio Nedo Street, Suite B Temecula, California 92390 Re: Sam Hicks Park Dear Nancy: Enclosed please find the Grant Deed and Declaration of Restrictions for Sam Hicks Monument Park, along with the Museum Lease. With the addition of the legal description you sent me, the documents are now ready to be signed. The reference to San Diego County is correct; it is consistent with the Title Report (enclosed). It is my understanding that this portion of Riverside County was once in San Diego County. We now can go ahead and finalize the documents. June Greek will be calling you to arrange for signature of the deeds. It has been a pleasure working with you on this project. Please feel free to call me should you have any questions. Sincerely, Scott F. Field City Attorney CITY OF TEMECULA sff/LTR165431:mem Enclosures cc: Doug Stewart June Greek Shawn Nelson Becca Nakaya sff/DEDl14757(120790) EXEMPT RECORDING REQUESTED BY City of Temecula PER GOV'T CODE § 6103 AND WHEN RECORDED MAIL TO City of Temecula 43172 Business Park Drive Temecula, CA 92390 MAIL TAX STATEMENTS TO City of Temecula 43172 Business Park Drive Temecula, CA 92390 SPACE ABOVE THIS LINE FOR RECORDER'S USE CORPORATION GRANT DEED The undersigned grantor declares: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SAM HICKS MONUMENT PARK FOUNDATION, a non-profit corporation, a corporation organized under the laws of the State of California, hereby grants to the CITY OF TEMECULA, a body corporate and politic, the following described real property in the City of Temecula, County of Riverside, State of California: See Exhibit "A" attached hereto. This conveyance is made subject to those covenants and restrictions contained in that certain Agreement, executed by dated , 19 , and recorded on Official Records of Riverside County, California and upon condition that said property be used solely and perpetually for historical, educational, public park and/or public recreational purposes. If said property is not used solely and perpetually for historical, educational, public park and/or public recreational purposes, then Grantor or its assigns, and successors, without paying any compensation for any buildings or other improvements or betterments that may then be upon said premises, and without making any compensation or incurring any liability for damages or losses or any kind, shall have the power to terminate all right, title, and interest in the property granted by this deed to Grantee and its successors and assigns, in the manner provided by law for the exercise of this power of termination, and shall thereupon have and enjoy forever all property granted by this deed, as if this conveyance -1- sff/DEDl14757 (120790) had not been made. Grantee, its assigns or successors, shall thereupon immediately surrender possession of said property, and shall forfeit all rights thereto as required hereunder. Provided, however, that Grantor may not exercise this power to terminate unless, within ninety (90) days after the breach of the use restriction, written notice is given to the Grantee of the breach, and Grantee fails to correct the breach within ninety (90) days after receiving notice of the breach of the use restriction. Executed on , 19__, at , California. Mail tax statements as directed above. ACKNOWLEDGMENT State of California ss County of Riverside On this day of , in the year 19.. , before me, , a notary public, personally appeared , proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as president of the corporation therein named and acknowledged to me that the corporation executed it. Notary Public for the State of California My commission expires: , 19, -2- sff/DEDl14757(120790) CONSENT The City of Temecula hereby consents to the grant of real property set forth above. City of Temecula Ron Parks Mayor Attest: By: June Greek City Clerk Approved As To Form: By: Scott F. Field City Attorney -3- EXHIBIT ~At8 In the City of Temecula, County of Riverside, State of California, described as follows: That portion of Lot 6, and of the unnamed road in Block 2, as shown by Map of Subdivision of the Pauba Land and Water Company, In the County of Riverside, State of California, as shown by Map on file in Book 11, Page 507 of Maps, Records of San Dlego County, Callfornla, described as follows: Beginning at the most westerly corner of Lot 32, Block 1, of the Town of Temecula as shown by Map on file in Book 15, Page 726 of Maps, Records of San Diego County, Californla~ thence South #q degrees 25s 05~s West, along the Northwesterly boundary of said town of Temecula, a distance of 1#1 .#$ feet to a point on the Northerly right of way line of an unnamed road 160 feet wide) as described In dedication and easement deed to the County of Riverside by deed recorded April 22, 1969 as Instrument .No. 39504 of Offlclal Records of Riverside County, California; thence Westerly continuing along said Northerly line being the arc of a tangent curve concave Northerly and having a radius of 375.78 feet through a central angle of. 19 degrees 01~17'~, a distance of 12#.75 feet~ thence North 17 degrees 08~#2'~ East, along the Easterly line of said unnamed road a distance of 290.87 feet~ thence South 45 degrees 02~38'~ East, a dlstance of 271.16 feet to the point of beginning.. sff/DECl14757(031891) ! EXEMPT RECORDING REQUESTED BY City of Temecula PER GOV'T CODE § 6103 AND WHEN RECORDED MAIL TO City of Temecula 43172 Business Park Drive Temecula, CA 92390 SPACE ABOVE THIS LINE FOR RECORDER'S USE DECLARATION OF RESTRICTIONS This DECLARATION OF RESTRICTIONS made this day of , 19 , by SAM HICKS MONUMENT PARK FOUNDATION, hereinafter referred to as "Declarant." WHEREAS, Declarant is the owner of the following parcel of land situated in the City of Temecula, County of Riverside, State of California: See Exhibit "A," Attached. WHEREAS, Declarant intends to grant, for valuable consideration, the above described property, restricting it in accordance with a plan designed to preserve the historical qualities of said land for the benefit of the City of Temecula. NOW, THEREFORE, Declarant declares that said real property shall be held, transferred, encumbered, used, sold, conveyed, leased, and occupied, subject to the covenants and restrictions hereinafter set forth expressly and exclusively for the use and benefit of said property and of each and every person who now or in the future owns any portion or portions of said real property. Lan~ Use The property shall be used for historical, educational, public park, and/or public recreational purposes only. Name of Premises The name of the park shall remain SAM HICKS MONUMENT PARK FOUNDATION. -1- sff/DECl14757 (031891) e ® Location of Monument The Location of the 'THEY PASSED THIS WAY' monument is to remain the same. Maintenance The City of Temecula, the Community Services District or their designee shall maintain landscaping and trash pick-up. Additional landscaping should be implemented - peripheral flower gardens and herb gardens should be added in such a way as to not diminish the usable footage of the park. The landscaping shall also, at all times, reflect the 1890 theme of the TEMECULA HISTORICAL OVERLAY. (The TEMECULAHISTORICAL OVERLAY shall be placed on file wih the Temecula City Clerk concurrently with recordation of this Declaration.) Plaques The City of Temecula, the Temecula Community Services District or their designate shall place all plaques commemorating MEMORIAL TREES on granite bases cemented into the ground. Improvements Curbs, gutters and sidewalks are to be placed around the Park on Moreno Road and Mercedes Avenue. Lighting of the Park is to be done using the old time fixtures as used in OLD TOWN TEMECULA. All buildings shall reflect at all times the 1890 theme of this TEMECULA HISTORICAL OVERLAY. Enforcement Grantor shall be entitled to INJUNCTIVE RELIEF and REASONABLE ATTORNEY FEES if the Grantee and/or its successors in interest violate or attempt to violate any covenant contained herein. Planning Recommendations of the TEMECUL~ COMMUNITY PLAN TASK FORCE are to be incorporated in the planning of the Park. (The TEMECULA COMMUNITY PLAN TASK FORCE will be more specifically defined at a date subsequent to the date of this Declaration and shall be placed on file and referred to as required by this provision.) -2- sff/DECl14757 (031891) IN WITNESS WHEREOF, Declarant has executed this Declaration of Restrictions the day and year first above written. Declarant: Nancy Maurice, President Sam Hicks Monument Park Foundation ACKNOWLEDGEMENT State of California County of Riverside On this day of , in the year 19 , before me, , a notary public, personally appeared , proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as president of the corporation therein named and acknowledged to me that the corporation excecuted it. Notary for the State of California My commission expires: , 19__ -3- EXHIBIT "A'~ In the City of Temecula, County of Riverside, State of California, described as follows: That portion of Lot 6, and of the unnamed road In Block 2, as shown by Map of Subdivision of the Pauba Land and Water Company, in the County of Riverside, State of California, as shown by Map on file in Book 11, Page 507 of Maps, Records of San Diego County, Californla, descrlbed as follows: Beginning at the most westerly corner of Lot 32, Block 1, of the Town of Temecula as shown by Map on file in Book 15, Page 726 of Maps, Records of San Diego County, California; thence South ~1 degrees 25' 05" West, along the Northwesterly boundary of sald town of Temecula, a distance of 1~1 .~5 feet to a point on the Northerly right of way line of an unnamed road (60 feet wide) as described in dedlcatlon and easement deed to the County of Riverside by deed recorded April 22, 1969 as Instrument .No. 3950q of Official Records of Riverslde County, California; thence Westerly continuing along said Northerly line being the arc of a tangent curve concave Northerly and having a radius of 375.78 feet through a central angle of. 19 degrees 01"17", a distance of 12q. 75 feet; thence North 17 degrees 08e~2" East, along the Easterly line of said unnamed road a distance of 290.87 feet; thence South 45 degrees 02"38"" East, a distance of 271.16 feet to the point of beglnnlng.. TO3131CA.Pl.'t2(IO-I~I. . . PRELIMINARY REPORT COVER' Printed Policy Exceptions and Exclusions ALTA RESIDENTIAL POLICY (6-1-87) · that r#ult in no k~ to you · that f'ff31 affocl your th~ ~ t~ ~ Date -- this ~s ~t 4 Feiim to ~y ~ t~ ~r the. I ~ I~ ~ ~ t~ area ~1~ ~ a~ r~e~ T~ R~. Th~ ~ ~ lim~ t~ f~ re~l ~ in ~em 12 of ~ ~ ~ ~. ~i~ ~ ~ to ~ ~ ~ u~r t~ ALTA LOAN POLICY (10-2147) WITH ALTA ENDORSEMENT FORM 1 COVERAGE The EJdas~ns from Cev~ M the ALTA Loin Policy latin i1~ that the following mltllri am ~y ~ ~m ~ ~lge d this I ~ ~ ~. ~ M g~ ..... V~I ~ (~ ~ ~ ~ ~ ~ aM ~i~ ~ ~. m ~) r~r~i~. J.TA STANDARD COVERAGE POLICY--~.~I 1. M) Any law. ardinanm cr G~- k ..~.B~M ~ (including I)m not limited Io Iluildiq M lofting laws. O~iMncls. Or (i) ~t~ ~.---. ~r~.'V. urn. mr ~ d the Isnc~ (ii} the ~~rG . ..~,a4Mr~lm~lo~f~xtent m .mira d a dek,::t. lien ~ eacumtnnc. mmamino from a 3. D44ec~s. ~ens. encumbrencm..dv~ ~m ~ m~r maners: (el ~ ~ ~ ~ in ~ ~ rm m Date of ~li~. ~) ~ k~ to ~ ~. ~ ~ in t~ public r~ds m Date ~ ~. ~ k~ to ~ i~ ~imant a~ ~ ~*~: UwmM. 3. E,m v..~B.4L limm m' eacumMmhc,~ m' dmimm theraM. v,~ch are ALTA OWNER'S IK)UCY (10-2147) To: PRELIMINARY REPORT TICOR TITLE INSURANCE COMPANY OF CALIFORNIA 3880 LEMON STREET RIVERSIDE, CALIFORNIA 92501 (714) 686-4180 (800) 442-4970 May 30, 1990 City of Temecula Attn: Frank Aleshire 43172 Business Park Drive Temecula, CA 92390 Y~r Reference: Park Site Our #o. : C519611 In response to the above referenced application for a Policy of Title Insurance, TICOR TITLE INSURANCE CO#PANY OF CALIFORNIA hereby reports that it is prepared to issue, or c~se to be issued, as of the date hereof, a Policy or Policies of Title Insura~e describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustat~d by reason of any defect, lien or enc~brance not shc~ or referred to as an exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Poltctes are set forth on the attached cover. Copies of the Policy forms should be read. They are available from the office which issued this report. This Report (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a Poltcy of Tttle Insurance and no liability is assumed hereby. ]f it is desired that liability be assumed prior to the issuance of a Poltcy of Title Insurance, a Binder or Commitment should be requested. ob rnett~ iritle cer .~/lc,. Offi The form of Policy of Title Insura~e contemplated by this Report is: ( ) ALTA Residential Policy (6-1-87) ( ) ALTA Loan Policy (10-21-87) with ALTA Endorsement Form 1 Coverage (X) CLTA Standard Coverage Policy - 1988 ( ) ALTA Owner's Polt~y (10-21-87) () The estate or interest in the land hereinafter described or referred to covered by this report is a fee. - 1- C519611 Title to said estate or interest at the date hereof is vested in: Sam Hicks Monument Park Foundation, a non-profit corporation At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions contained in said Policy form would be as follows: I. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (coeeenctng with Section 75) of the Revenue and Taxation Code of the State of California. 1A. General and special taxes for the fiscal year 1990-1991, a lien not yet payable. IB. General and special taxes for the fiscal year 1989-1990, First Installment : $1,707.73o now delinquent to which a penalty must be added Penalty : $170.77 Second Installment : $1,707.73, now delinquent to which a penalty and advertising cost must be added Penalty Advertising Cost Tax Code Tax Parcel No. Exemption Affecting : $170.77 : $10.00 : 094-088 : 921-070-016-4 : None : Said land 1C. Defaulted general and special taxes and subsequent delinquencies for the Fiscal Year : 1989-1990 Taxing Authority: County of Riverside Parcel Number : 921-070-016-4 Amount to Pay : $2,068.62 Prior to : June 30, 1990 Affecting : Said land 10. Supplemental taxes for the fiscal year 1988-1989, assessed pursuant to the provisions of Chapter 3.5 (comnencing with section 7S) of the Revenue and Taxation Code of the State of California: Tax Code Tax Parcel No. Assessment No. First Installment Second Installment Penalty Advertising Cost 094-022 921-070-016-4 050470867-5 $1,596.59, Paid $1,595.$9, now delinquent to which a penalty and advertising cost must be added $159.65 $10.00 2. An easement in favor of the public over any portion of the herein described property included within public roads. ¢519611 3. Covenants, conditions and restrictions in an instrument Recorded : April 25, 1973 as Instrument No. 52863 Restrictions, if any, based upon race, color, religion or national origin are deleted. 4. The terms, covenants, conditions, and restrictions, contained in an instrument entitled 'Agency Agreement", executed by and between Kacor Realty, Inc., a California corporation, and Rancho California Water District, a public corporation, dated March 29, 1979, and recorded May 7, 1979 as Instrument No. 92330. C519611 DESCRIPTION The land referred to in this report is situated in the County of Riverside, State of California, and is described as follows: That portion of Lot 6, and of the unamed road now known as Moreno Road in Block 2, as shown by Map of Subdivision of the Pauba Land and Water Coa&oany, in the County of Riverside, State of California, as per map recorded in Book 11, Page 507 of Maps, in the Office of the County Recorder of San Diego County, Caltfornia~ described as follows: Beginning at the most Westerly corner of Lot 32, Block 1, of the Town of ~emecula as shown by Map on file in Book 15, Page 726 of Maps, Records of San Oiego County, California; thence South 44°25'05" West, along the Northwesterly boundary of said Town of Temecula, a distance of 141.45 feet to a point on the Northerly right of way line of an unnamed road now known as Mercedes Street (60.00 feet wide) as described in Dedication and Easement Deed to the County of Riverside by deed recorded April 22, 1969 as Instrument No. 39504 of Official Records of Riverside County, California; thence South 88°07'25· West, along said Northerly line, a distance of 55.58 feet; ,hence Westerly continuing along said Northerly line being the arc of a.tangent curve concave Northerly and having a radius of 375.78 feet through a central angle of 19°01'17', a distance of ~24.75 feet; thence North 17008'42" East, along the Easterly line of said unnamed road a distance of ~g0.87 feet;. thence South 45°02'38· East, a distance of 271.16 feet to the point of beginning. NOTE THE FOLLOWING Note 1: Pursuant to Sections 480.3 and 480.4 of the Revenue and Taxation Code, the County Recorder's office wtll levy an oddltlonal $20.00 recording fee upon all documents that are not in compliance with said code. To avoid being assessed the oddtttonal fee, please have the buyer or transferee complete the preliminary change of ownership report and attach to the appropriate document. - 4- C519611 Note 2: It appears that the company may be requested to insure or otherwise pass on the validity of certain documents executed by a corporate entity. If this ts correct such documents should be executed by either the chairman of the board of directors, the president, or any vice president and by either the secretary, any assistant secretary, chief financial officer or the assistant treasurer. If such docmments are not so executed, we wtll require an approved resolution of the board of directors of such corporation authorizing such execution. Note 3: The charges for this title report are for services to date only. Any additional work requested in regards to this report will incur additional. charges as appropriated. Note 4: California 'Good Fund' Law All title insurance companies, controlled escrow companies and underwritten title companies wtll be affected by a new law whtch becomes effective on January 1, 1990. Assembly Bill S12 (Chapter 598, Statutes of lgSg), which added. Section 12413.1 to the' Insurance Code of the State of California is effective January 1, 1990. Except for funds deposited by cash or by electronic payment, thts law prohibits a title insurance company from disbursing funds from an.escrow account, until the day :base funds are made available to the depositor pursuant to Part 2~ of.Title 12 of. the Code of Federal Regulations, (Rag. CC). Under Rag. CC, items such as' CASHIER'S CERTIFIEO or TELLER'S CHECKS may be available for disbursement on the business day following the business day of deposit; however, other forms of deposits may cause extended delays in the closing of the escrow. Ticor Title Insurance will not be responsible for accruals of interest resulting from compliance with the disbursement restrictions mandated by this law. If you choose to wire transfer funds to our company in order to avoid any delays in clostng, please use the following format; *wtre instructions: Citibank, 0claware One Penn's Way New Castle, 0elaware ASAtO31100~O~ Credit: Ticor Tttle Ins. of CA. - Riverside Account t38150936 Reference - Escrow/Title Officer's hue Bob Arnette Order Number c51g$11 INPORTANT It is imperative that the wire text be exactly as indicated above. Any extraneous or missing information may cause unnecessary delays in confirming the receipt of funds. s f f/?.GR114757 ( 020191-2 ) EXEMPT RECORDING REQUESTED BY City of Temecula PER GOV'T CODE § 6103 AND WHEN RECORDED MAIL TO city of Temecula 43172 Business Park Drive Temecula, CA 92390 SPACE ABOVE THIS LINE FOR RECORDER'S USE LAND LEASE THIS LEASE is entered into as of January 1, 1991, between the CITY OF TEMECULA, hereinafter called "Lessor," and THE OLD TOWN TEMECULA HISTORICAL MUSEUM FOUNDATION, a California non-profit public benefit corporation, hereinafter called "Lessee." Lessor acquired title in the name of the CITY OF TEMECULA to the real property located in the City of Temecula, County of Riverside, State of California, described in Exhibit "A," attached hereto, by deed dated . NOW, THEREFORE, in consideration of covenants and promises hereinafter mentioned, the parties, Lessor and Lessee, agree as follows: 1. DESCRIPTION OF PROPERTY. Lessor hereby leases to Lessee, and Lessee here hires and takes from Lessor, the Property to be defined as that land to be occupied by the museum as per the attached plot plan (Exhibit "B" attached hereto) located on Moreno Road, Temecula, California, hereinafter called the "Property." 2. TERM. The term of this agreement shall be forty (40) years, commencing on November 1, 1990, and ending on October 31, 2030. This Lease may be extended as set forth in paragraph four (4) of this Agreement. 3. RENT. Lessee agrees to pay Lessor as rent for the use and occupancy of the Property the sum of ONE DOLLAR ($1.00) per year, payable in advance on the first (1st) day of January of each year commencing with January 1, 1991, and continuing thereafter during Lessee's use and occupancy of the Property. -1- sff/AGRl14757 (020191-2) If the Lessee renews the term of this Lease as provided in paragraph four (4), the Lease shall continue for the same rental rate. Rent shall be payable in lawful money of the United States to Lessor at the address stated herein or to such other persons or at such other places as Lessor may designate in writing. 4. OPTION TO RENEW. As part of the consideration for the execution of this Lease, Lessor hereby grants to Lessee, an option to extend and renew the provisions of this Lease for a twenty-year term, upon the same terms and conditions hereof. The option to renew and extend the provisions of this Lease must be exercised, if at all, by notice in writing given to Lessor not less than sixty (60) days prior to the expiration on the previous term. 5. USE OF THE PROPERTY. The Property shall be used for the construction and operation of a museum of a minimum of 3,000 square feet, including public restrooms. Construction of said structures shall commence within three (3) years of the date of this Lease. In addition, a final inspection or certificate of occupancy shall be obtained within five (5) years of the date of this Lease. The Property shall also be used for the relocation of a church of 1,200 square feet. Other construction projects, not specifically permitted by this Lease are prohibited. The design and location of said structures shall be subject to Lessor's approval, which approval shall not be unreasonably withheld. Lessee also agrees to comply with all applicable laws, rules, regulations, and ordinances of every governmental body or agency whose authority extends to the leased Property, or to the business conducted upon the leased Property. 6. ~LTERATIONS. Lessee may not make any alterations (other than insubstantial ones) to the leased Property or structures thereon without Lessor's prior written consent, which consent shall not be unreasonably withheld. Lessee, at Lessee's own expense, shall comply with all present and future governmental requirements arising out of, in connection with, or necessitated by such alterations. 7. FIXTURES. All fixtures placed on the leased Property by Lessee shall at all times be and remain the personal property of Lessee, and Lessee shall have the right to remove such fixtures at any time during the term hereof and also within five (5) business days after the termination of this Lease. Lessee shall, at Lessee's sole expense, -2- sff/AGRl14757 (020191-2) restore and repair any damage to the leased Property caused or occasioned by the removal of the fixtures. Such repair and restoration shall be performed within five (5) business days after the expiration of this Lease and shall be performed in compliance with the terms and conditions of Paragraph 8 of this Lease relating to repairs. 8. REPAIRS. Lessee accepts the Property as being in good order, repair and condition. At all times during the term of this Lease, Lessee shall, at Lessee's own cost and expense, and at no cost and expense to Lessor, maintain the Property and all portions of the Property in good order and repair and make all repairs and replacements that may become necessary to the Property, any buildings or improvements on the Property, or any sidewalks, landscaping, driveways, or parking areas that are part of, or appurtenant to, the Leased Property. Any and all repairs and replacements required by this provision, both ordinary and extraordinary and both structural and nonstructural, shall be made promptly by Lessee as required and shall comply with all applicable governmental laws, ordinances, and regulations. Lessee hereby waives the provisions of sections 1941 and 1942 of the California Civil Code relating to Lessor's duty for tenantable premises and Lessee's right to make repairs and deduct the expenses of such repairs from the rent. 9. LANDSCAPE MAINTENANCE. Lessee shall recognize that the installation and maintenance of landscaping on the Property is an integral part of the lease. Lessee shall maintain and care for landscaping on the Property using generally accepted methods of cultivation and watering. Lessee shall maintain that standard of care necessary to prevent the landscaping from deteriorating to the extent that its value as landscaping is destroyed. Lessee shall also maintain landscape of Property in a manner and design reflecting the 1890 theme of the TEMECULA HISTORICAL OVERLAY. If Lessee fails to maintain the landscaping in such proper condition, Lessor may give written notice of such deficiency to Lessee. If the Lessor gives notice to Lessee of a deficiency, Lessee shall have thirty (30) business days within which to take reasonable steps to cure the deficiency. If Lessee has not commenced corrective activity within such thirty (30) days, the City may elect to take the steps necessary to insure that the landscaping is maintained and cared for. At least fifteen (15) days prior to entering the Property to perform any such corrective work, Lessor shall either personally serve a notice of its intent to enter the premises for this purpose on the Lessee or mail a -3- s.f f/AGRl14757 (020191-2) copy of such notice by certified mail to the Lessee's last known address, or as shown on the tax rolls. Lessor may enter the Property to perform such corrective work as it reasonably considers necessary and proper to return the landscaping to its proper condition. Lessor may act either through its own employees or through an independent contractor to perform such corrective work. If Lessor incurs costs, including administrative costs and attorney's fees in returning the landscaping to its proper condition pursuant to the procedure set forth in paragraph 7 above, Lessor may make a demand upon Lessee for payment of such costs as are reasonable under the circumstances. If Lessee fails to pay such costs within thirty (30) business days after the date demand is made, the terms and provisions of this lease shall terminate. 10. M~CHANICS' LIENS. Lessee hereby agrees to keep the leased Property and the improvements thereon or hereafter erected or placed thereon, and every part thereof, and every estate, right, title, and interest therein, or in or to any part thereof, at all times during the term of this Lease, free and clear of mechanics' liens and other liens for labor, service, supplies, equipment, or materials. Lessee also agrees to fully pay and discharge and wholly protect and save harmless Lessor and all and every part of the estate, right, title, and interest of Lessor in and to all and every part of said demised Property and improvements against any and all demands or claims that may or could ripen into such liens or labor claims. Notwithstanding the foregoing, Lessee may, if Lessee furnishes Lessor with a bond or other security against loss or liability by reason thereof in a form acceptable to Lessor, contest, at Lessee's sole cost and expense, any such liens or claims and litigate the same final judgment; in the event Lessee shall have taken an appeal from an adverse judgment, Lessor shall at all times during the pendency of such appeal prevent the execution of such judgment pending appeal. 11. DESTRUCTION OF PROPERTY. Should any building or improvements on the leased Property be damaged or destroyed by fire, the elements, Acts of God, or other causes not the fault of Lessee or any person in or about the leased Property with the express or implied consent of Lessee, they shall be repaired or replaced by Lessee at its own cost and expense; however, should the cost of repairing or restoring any buildings or improvements so damaged or destroyed exceed fifty percent (50%) of the replacement cost of all buildings and improvements to be located on the leased Property, Lessee may, at its option, either repair -4- s, ff/AGRl14757 (020191-2) and restore the damaged buildings and improvements or cancel this Lease. 12. SURRENDER OF PROPERTY. On expiration or sooner termination of this Lease, or any extensions or renewal of this Lease, Lessee shall promptly surrender and deliver said Property to Lessor in as good condition as it is now at the date of this Lease, reasonable wear and tear and repairs hereafter required to be made by Lessor excepted. Lessee may surrender the property leaving the buildings relocated or constructed pursuant to this Lease in place with the consent of Lessor and at no cost to Lessor. This paragraph is subject to the conditions of Paragraph 7 relating to removal of fixtures. On file with the City Clerk of the City of Temecula are photographs of the property in its condition as of the date of execution of this Lease. 13. ALIENABILITY OF PROPERTY. Nothing in this Lease shall be construed to restrict the alienability of said Property. Lessor retains the right to sell or encumber said Property at any time during the term of this Lease. 14. ~TILITIES. Lessee agrees to pay for all utilities, including telephone, water, gas, electricity, and any and all other services which may be used in or upon the leased Property during the term of this Lease without liability of Lessor. For each service, Lessee shall pay the cost for the use of the service directly to the utility provider prior to the time that the charge becomes delinquent. 15. TAXES. During the term of this Lease, Lessee shall pay before delinquency (1) all taxes, assessments, license fees, and any other charges of any type whatsoever that are levied, assessed, charged, or imposed on or against Lessee's possessory interest and/or personal property installed or located in or on the leased Property and that become payable during the term of this lease and (2) all real property taxes and general and special assessments levied and assessed against the leased Property. 16. NA~TB OR NUISANCE. Lessee shall not commit or permit the commission by others of any waste on said Property, including graffiti; Lessee shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 of the California Civil Code on said Property; and Lessee shall not use or permit the use of said Property for any unlawful purpose. -5- sff/AGRl14757(020191-2) 17. A~SIGNMENT AND SUBLETTING. Lessee may assign this Lease or an interest therein and may also sublet the Property, provided Lessee first obtains the written consent of Lessor to any such assignment or subletting. If, during the term of this Lease, Lessee requests the written consent of Lessor to any assignment or subletting, Lessor's consent shall not unreasonably be withheld. A consent to one assignment or subletting, and any subsequent assignment or subletting without Landlord's consent shall be void and shall, at Landlord's option, terminate this Lease. Any approved assignment or sublease shall not relieve Lessor of liability under the terms of this Lease. 18. INDEMNITY ~ IN6URANCE. Lessee agrees to indemnify and hold Lessor harmless from and against any and all claims arising from any act, omission or negligence of Lessee, or its contractors, licensees, agents, servants, or employees, or arising from any accident, injury or damage whatsoever caused to any person or property occurring in, on, or about the Property, the sidewalks adjoining the Property, and from and against all costs, expenses and liabilities incurred in or in connection with any such claim or proceeding brought thereon, including, but not limited to, court costs and reasonable attorney's fees. Lessee shall maintain in full force during the term of this Lease, a policy or policies of general liability insurance in the minimum amount for the first year of the term of this Lease of Two Hundred Fifty Thousand Dollars ($250,000.00) combined single-limit per occurrence for bodily injury, personal injury and property damage. Upon the final inspection for certificate of occupancy for the Museum described at Section 5 of this Lease, the amount of said insurance shall increase to One Million Dollars ($1,000,000.00). Lessee shall name Lessor as an additional insured on such policies. Lessee shall furnish Lessor with a Certificate of Insurance with respect to such policy or policies prior to entry on the property. The policies shall further be endorsed with a 'broad form' endorsement so as to provide comprehensive general liability insurance for the joint benefit of lessor and lessee for personal injuries. Lessee shall maintain in force, at Lessee's expense, a policy or policies of insurance protecting against the following: (1) Fire and other perils normally included in the extended coverage insurance with special form, to the extent of at least one-hundred percent (100%) of the insurable value of the building(s) and other -6- s~f/AGRl14757 (020191-2) improvements placed on the property pursuant to the Lease, exclusive of trade fixtures and equipment belonging to Lessee. (2) Fire and extended coverage insurance with respect to Lessee's fixtures and equipment located on the property with vandalism and malicious mischief endorsements to the extent of one-hundred percent (100%) of their insurable value. During the term of this Lease, the proceeds of any such policy or policies for fire insurance should be used solely for the repair or replacement of the fixtures or equipment so insured. (3) Lessee shall furnish Lessor with a Certificate of Insurance with respect to all policy or policies required pursuant to this Lease prior to entry on the property, and occupancy of any buildings constructed or relocated onto the property. If any such insurance required in this Lease has a deductible clause, the deductible amount shall not exceed $1,000.00 per occurrence, and Lessee shall be liable for any such deductible amount. (4) The coverage amounts for all insurance requirements pursuant to the City shall increase annually at a rate equal to the Consumer Price Index for Riverside County. 19. INSPECTION. Lessor may enter upon the Property at any reasonable time for the purpose of inspecting the Property. "Reasonable time" shall be defined as during normal operating hours. 20. INSOLVENCY. The insolvency of Lessee as evidenced by a receiver being appointed to take possession of all or substantially'all of the property of Lessee, or the making of a general assignment for the benefit of creditors by Lessee, shall terminate the Lease and entitle Lessor to renter and regain possession of leased Property. 21. UNLAWFUL DETAINER. In the event of any breach of this Lease by Lessee, Lessor, in addition to any other rights or remedies it may have, may give Lessee a three-day notice to cure the breach or quit the premises. If Lessee fails to do either, Lessor may bring a statutory proceeding in unlawful detainer to regain possession of the Property. Any notice given by the Lessor pursuant to this paragraph does not constitute termination of this Lease unless expressly so declared by Lessor in the notice. -7- ~ff/AGRl14757(020191-2) 22. WAIVER OF BREACH. The waiver by Lessor of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained, The subsequent acceptance of rent hereunder by Lessor shall not be deemed to be a waiver of any prior occurring breach by Lessee of any term, covenant, or condition of this Lease, other than the failure of Lessee to pay the particular rental so accepted, regardless of Lessor's knowledge of such prior existing breach at the time of acceptance of such rent. 23. ABANDONMENT. In the event that Lessee shall be absent from the demised Property for a period of 30 days after default in payment of rent or other obligations imposed on Lessee by this Lease, such absence shall be deemed to constitute an abandonment of Lessee's interest in the demised Property and an abandonment by Lessee of any personal property left on the demised Property, and Lessor may thereupon reenter the Property as hereinbefore provided. 24. BINDING ON SUCCESSORS. The provisions of this Lease shall be binding upon and shall inure to the benefit of the heirs, successors, assigns and legal representatives of the parties hereto. Nothing in this paragraph shall be construed as a consent by Lessor to any assignment of this Lease or any interest therein by Lessee except as provided in Paragraph 18 of this Lease. 25. NOTICES AND PAYMENTS. Whenever notices and payments are required to be given pursuant to the provisions of this Lease, they shall be sent to either party, in writing and postage prepaid by registered mail, addressed as follows: To the Lessor at: City of Temecula 43172 Business Park Drive Temecula, CA 92390 To the Lessee at: The Old Town Temecula Historical Museum Foundation, A California Non-Profit Public Benefit Corporation P.O. Box 792 Temecula, CA 92390 Either party may change such address by written notice by -8- stff/AGRl14757 (020191-2) registered mail to the other party. 26. DEFAULT, NOTICE OF DEFAULT, BREACH. A default in the performance of any promise of, or of any obligation imposed upon Lessor and Lessee, shall not constitute a breach of this Lease unless the party in default fails to cure such default within thirty (30) days after the written notice of default has been served, except that failure to cure a default in the payment of rent shall constitute a breach of this Lease if such default is not cured within five (5) days after written notice of default has been served. If either party breaches this Lease, the other party shall be entitled to pursue every legal and equitable remedy available, including (but not limited to) the right to terminate this Lease and the right to recover accrued rent, paid in advance. Lessor, in addition to other remedies it may have, shall have the immediate right to teentry, and may remove all persons and property from the Property, such property may be stored at the cost of Lessee. The prevailing party shall be reimbursed attorney's fees. IN WITNESS WHEREOF, the parties have executed this Lease the day and year first above written. LEBBOR= LBBBEB~ CITY OF TEMECUL~, A Municipal Corporation THE OLD TOWHTEMECULA HISTORICAL MUSEUM FOUNDATION a California Non-Profit Public Benefit Corporation By: RON PARKS Mayor ATTEST: By: JUNE S. GREEK City Clerk APPORVED AS TO FORM: By: SCOTT F. FIELD City Attorney -9- EXHIBIT "A~' In the City of Temecula, County of Riverside, State of California, described as follows: That portion of Lot 6, and of the unnamed road in Block 2, as shown by Map of Subdivislon of the Pauba Land and Water Company, in the County of Riverslde, State of California, as shown by Map on file in Book 11, Page 507 of Maps, Records of San Diego County, California, described as follows: Beginning at the most westerly corner of Lot 32, Block 1, of the Town of Temecula as shown by Map on file in Book 15, Page 726 of Maps, Records of San Diego County, California; thence South qa degrees 25~ 05" West, along the Northwesterly boundary of said town of Temecula, a dlstance of 1#1 .mS feet to a polnt on the Northerly right of way line of an unnamed road 160 feet widel as described In dedication and easement deed to the County of Riverside by deed recorded April 22, 1969 as Instrument.No. 3950~ of Official Records of Riverside County, California; thence Westerly continuing along said Northerly line being the arc of a tangent curve concave Northerly and having a radius of 375.78 feet through a central angle of. 19 degrees 01~17", a distance of 12~. 75 feet; thence North 17 degrees 08'~2" East, along the Easterly line of said unnamed road a distance of 290.87 feet; thence South q5 degrees 02~38" East, a distance of 271.16 feet to the point of beginning. Ca°' ifornia OFFICE OF THE SECRETARY OF STATE . f'..-- ~ _-"~ "-- CORPORATION DIVISION I, MARCH FONG EU, Secretary of State of the State of California, hereby certify: -~hat 'the annexed transcript has been compared with the corporate record on file in this office, of which it purports to be a copy, and that same is full, true and correct. IN WITNES$ WHEREOF, I execute this certificate and a~x the Great Seal of the State of California this ARTICLES O? I]:CCRPORATION OF 1588966 ENDORSED FILED TEE OLD TO~; ~'~,~,b-~LA :{IS."~RICAL ~,~SL~M UUN 2- 1987 A CALL~OPJ:I3. NONPROFIT PUBLIC BS/~EFIT CORPOP.~TION ~A~ ~ ~1~ ,~lt'~Of$~lte ARTICLY, I The name of the corporation is The 01d Town Temecula Historical Kuseum. ~RTiCLE 2 This corporation is a nonprofit public benefit corporation and is not organized for the private g~in of any person. it is organized under the Nonprofit Public Benefit Corporation Law for public purposes. The public and charitable purposes of the corporation are to collect, protect, preserve and display the history and artifacts indigenous to the Temecula Valley. This corporation is organized exclusively to collect, protect, preserve and display the history and artifacts indigenous to the Temecula Valley, within the meaning of Section 501 (c) (3) of the Internal Revenue Code of 1954 or the corresponding provision of any future United States internal revenue law. Notwithstanding any other provision of these articles, this corporation shall not, except to an insub- stantial degree, engage in any activities or exercise any powers that are not in furtherance of the purposes of this corporation, and the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from federal income tax %under Section 501 (c) (3) of the internal Revenue Code of 1954 or the corresponding provision of any future United States inte_-nal revenue law, or (b) by a corporation, contributions to which are deductible under Section 170 (c) (2) of the Internal Revenue Code of 195Z cr the corresponding provision of any future United States Lnternal revenue law. The ;;a~e and address in California of the corporation's initial agent for service of process Nancy M~urice, c/o ~%urice Printers, 27447 Jefferson Avenue, Temecula, California 925~0. A_~TI .CLE 4 A. No substantial part of the activities of this corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, and this corporation shall not participate in or intervene in (including publishing or distributing statements) any political campaign on behalf of any candidate for public office. B. All corporate property is irrevocably dedicated to the purposes set forth in Article Two above. No part of the net earnings of this corporation shall inure to the benefit of any of its directors, trustees, officers, private shareholders or members, or to individuals. · ~ ' '"~ '. ~he winding up and dissolution of this corporation, after payia& or ~equately :. "~ for the debts, obl~t~on~, ~d liabil~ties of the co~o~tion, the rema~ -',' .".~ of this co~oration shall ~ distri~ted to such or~i'~tion (or or~izations) ~'~ed ~d opected exclusively for chari~ble, liters, or educational ~ch b~ established its ~x-exempt s~s ~der Section ~01 (c) (]) of the ~temal Rev~ue Code of 19~4 (or the co~es~nd~g section of ~y lucre United ~teo ~te~al rev~ue law) ~d which has es~blished its ~-exempt 8ta~8 under /Section 21701d of the ~lifo~ia Revenue ~d Taxation Code (or the cotresenting / .ecti~n. of ~y ~ ~lifo~i. revenue and ~x law). DAT~ J~Y 9, 1987~ · ..~-~ ~ ~_ . ,- _ ffff ~IS~E A. ~U~ ~~ ~. ~ ~ . State of 'California) County of Riverside) On this the q ~y of January, 1987, before me, ,~~ the undersigned Notary Public, personally appeared RAYMOND G. MEYER. personally known to me proved to me ~n th% basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged that he executed it. WITNESS my hand and official seal. · Department of the Treasury -Internal Revenue Service District Director P 0 Box 2350 Room 5137 Los Angeles~ CA 90053 Oate= NOV 0 $ 1987 THE OLD TEMECULA HISTORICAL MUSEUM 28676 FRONT STREET -VENICE, CA 92390 Employer Identification Number= 33-0152755 Cass Numberl 957212023 Contact Person: KORELL~ ANTOINETTE Contact TaleRhone Numbe£=- (213) 894-4553 Accounting Period Ending= Oecember 3[st Form 990 Required= yes Caveat Applies= yes Dear Applicant: Based on information supplied, and assuming your operations will be as stated in your application for recognition of exemption, we have determined you are exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code. We have further determined that you are not a private foundation within the meaning of section 509(a) of the Code, because you are an organization described in section 509(a)(2). If your sources of support, or your purposes, character, or method of operation change, please let us know so we can consider the effect of the change on your exempt status and foundation status. Also, you should inform us of all changes in your name or address. as of January ], ]984, you are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $]00 or more you pay to each of your employees during a calendar year. You are not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). Since you are not a private foundation, you are not subject to the excise taxes under Chapter 42 of the Code. However, you are not automatically exempt from other Federal excise taxes. If you have any questions about exc~se, employment, or other Federal taxes~ please let us know. Donors mRy deduct contributions to you es provided in section 170 of the Code. Bequests~ legacies, devises, transfers, or gifts to you or for your use are deduct,hie for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106~ and 2522 of the Code. The heading of this letter ~ndicates ,herher you must file Form 930, Return of Organization Exempt from Income Tax. If Yes ~s indicated, you are required to file Form 990 only if your gross rece:pts each year are normally more than $25,000. If a returnis required, it ~ust be f~led by the Letter -2- THE OL0 TEMECULA HISTORICAL MUSEUM 15th day of the fifth month after the end of your annual accounting period. The la. imposes · penalty-of $10 · day~ up to · maximum of S5,000., Hhen · return is filed later' unless there is reasonable cause for the delay. You are not required to file Federal income tax returns unless you are subject to the tax on unrelated business income under section 5]! of the Code. [f you are subject to this tax, you must film an income tax return on Form 950-T, Exempt 0rg·nization Business Income Tax Return. [n this letter, He are not determining Hhether any of your present or proposed activities are unrelated trade or business as defined in section 5!3 of the Code. You need an employer identification number even if you have no employees. [f an employer identification number Has not entered on your application~ · number Hill be assigned to you and you Hill be advised of it. Please use that number on all returns you file and in ~11 correspondence Hith the Internal Revenue Service. Because this letter could help resolve any questions about your exempt status and foundation status, you should keep it in your permanent records. If the heading of this letter indicates that a caveat applies, the caveat beloH or on the enclosure is an integral part of this letter. If you have any questions~ please contact the person'Hhose name and telephone number are shoHn in the heading of this letter. Sincerely yours, Frederick C. Nielsen District Director Letter ~47(CG) -3- THE OLD TEHECULA HISTORICAL HUSEUM You are required6o film Form D90-T Nhen..gross receipts from unrelated business activities exceed $1,000.00. Advertising income is considered unrelated business income. Letter 947(CG) TEMECULA VALLEY Unified School District SUPERINTENDENT Patricia B. Novotney, Ed.D. BOARD OF EDUCATION Wait Swickl& Joan F. Soarl~rnan Dr. David Eurich Ma~, Jo Helmeke Roaie Vanclerhaak July 12, 1990 Mrs. Nancy Maurice, President Sam Hicks Monument Park Foundation Post Office Box 573 Temecula, California 92390 Dear Mrs. Maurice: On May 3, 1988, the Governing Board of the Temecula Union School District approved the transfer of title on the Sam Hicks Monument Park site from the district to the Sam Hicks Monument Park Foundation with the stipulation that the site be forever maintained as a public park. The purpose of this letter is to reiterate that it was the intention of the district and the Governing Board that this restriction would be honored. We are in support of the Park Foundation's position in this matter, and will strenuously oppose any other use of the land. Sincerely, TEMECULA VALLEY UNIFIED SCHOOL DISTRICT Fa=r[c~a u. ' y; Ed.D. Superintendent PBN:mw 31350 Rancho Vista Roacl / Ternecula. CA 92390 / (714) 676-2661 THE TEMECULA MUSEUM Post Office Bex 792 Temecula, California 92390 (714) 676-0021 (714) 676-6329 (Curator) Supervisor Wait Abraham County Administrative Center 4080 Lemon Street, 14th Floor Riverside Ca., 92501 RE: The Temecula Museum St. Catherine's CatholiO Church February 6, 1991 Dear Mr. Abraham, I am sure you get more than your share of letters, so here are pictures/articles to bring.you up to date on our momentum with the museum building program. At first I thought we were' finally°in an enviable position be- cause the Clty of Temecula is extremely interested in helping us with the remodeling of the church (so we can work on the funding for the future museum ourselves). AND those involved in the redevelopment settlelent began'assisting us in getting "advance monies" from the anticipated settlement. To tantalize the situa- tion even more, at year's end the City found they had even more of a surplus than first thought. Well, in a nutshell, so far the City has overlooked our request and I assume it is becauseof the probable settlement of the suit. I understand from Mr. Oixon's secretary, the suit could move toward a conclusion in 60 days but there is no timeframe for the distribu- tion. The gals from the Banning Rehabilitation/~.Counseling Center did a marvelous job(and are begging to come back for more...they say it sure beats picking up trash and they are doing something "permanantly good"). Now that we have begun to get the valley's attention, it would be terrible to abandon the momentum, and waiting 3-6 months would certainly do that. I need your guidance in solving this sit- uation to everyone's satisfaction. If money's from redevelopment are slated for us, I could really use it now. We have completed a a construction request with Henry-Ann Company in Temecula and have met with Gary King/ShawnlNelson to delete items on the bid the City will be responsible for. A copy is available to you if needed to reaffirm our preparedness. Help! Help! Thanks alot for any assistance you can offer. %ncerely, ~~~ · · ~'~e Zc Z Nakaya ~ - President, Board of Director's Temecula Museum Home Address: 45788 Creekside Way Temecula, Ca. 92390 (714) 676-0322 cc: David McElroy COUNTY OF RIVERSIDE PARKS DEPARTMENT 4600 Crestmore Road, P.O. Box 3507, Riverside, CA 92519 · (714) 275-4310 PAUL D. ROMERO Director March 26, 1991 Old Town Temecula Museum P.O. Box 792 Temecula, CA 92390 Dear Board of Directors: On behalf of the Parks Department, thank you for your generous contribution of $100 toward the roof repairs on the Wolfe Store Adobe at Vail Ranch. Thanks to your donation, we are happy to report that the roof is being repaired and the adobe walls of this most important and valuable structure are no longer being threatened by the rain. Again, we thank you. Your quick and generous response to this emergency has been heartening. Wa ~/~s~ Regards, Paul D. Romero Di rec tot Diana L. Seider History Division Director PDR/KW/2271S/mg E ncl os ure "To acquire. protect, develop. manage and interpret for the inspiration, use and enloyment ol; all people, a well-balanced system of areas of oul,,tanding scemc. recreation, and historic importance." SAM HICKS MONUMENT PARK FOUNDATION P.O. Box 539 · Temecula. CA 92390 (7'14) 676-3060 July 17, 1990 Temecula City Council, P.O. BO~ 3000, T~MECULA, CA 92390 Dear Council Members, At a meeting of the Sam Hicks Monument Park Board of Directors held on July 10, 1990 the members agreed the park should be under the jurisdiction of the City of Temecula and want to continue the request to have the park land annexed to,the city with the following stipulations: 1. The name of Me park and any land ann~ed to it shall remain SAM HICKSMONUMENTPARK. 2. The location of the "THEY PASSED THIS WAY" monument is to remain the sa~e. 3. The lease we have with the OLD TOWN T]~4ECULAMUSEUMwill be honored. Further discussions on the lease are to be conducted with the Museum Foundation Board. 4. The existing M~MORIAL TREES are to remain in the park site and others not yet planted are to be added. A list of those trees and the names of the donors will be supplied. 5. At all times the landscaping and buildings are to reflect the TEMECULA HISTORICAL OVERLAY. 6. All of these stipulations are to be carried forth to any proposed park expansion. 7. The City of Temecula is asked to incorporate the recon~ndations of the T]~MfL/3IA COMMUNITY PLAN TASK FORCE in the planning of the park. 8. This property is given to the City of Tem~cula for a public park and a museum site. Should it be proposed for any other use, public or primate, and said proposal be implemented in any form of action, the land will automatically revert back to SAM HICKS MONUMENT PARK FOUNDATION or its successors. The members of the Board of Directors of SAM HICKS MONUMENT PARK request the City of Temecula accept the park under the terms heretofore stipulated and request an immediate decision. The members of the board of directors present at the July 10 meeting and voting uninimous agreement to the above stipulations were; Dennis Chinieaff, Peg Moore, Evelyn Marker, Ruth Chesher, Jack Davis, Ralph Narvaro, Tony Tobin and Nancy Maurice. Yours sincerely, ~O~ BEST MOTEL SHOPPING CAR WASH GTE POST OFFICE SAM HI PARK UNDER CONSTRUCTION PARK EXPANSION / / , / Kaiser., Overland .. purchase local historical .col16"cti0n ...... ............... . .. .' . · . .... .. ~ ~x.. . - -, .. .. ........'~ · · · .... ,. .. -,,-- ..... · ;.......,.. =. · . . -. .... . .... ,'-.- 'l lancnl'.museum.sale DOSSIDle .. .....- ~ .' ly' ~011X)N, JOHN$ON ..~:~?'~.m..oatit, '.several meetings were. tbe':re~ioder ':w'~Id bL~ 'be items i~ci~din~ Eo~-~a'u~-~','~'°' "' Triggered, b:~ ~ord ~[ron~- ~'~.~11ed by Bia'nchl to Inform them'~~ returned ' ~)nce 'it ~hid Lbeen - ] ...... ~.=,:.- ,= ,,:_,:=-e.- -~:~,- B~anchi offietals that a sale.of. 'a~f thi sale. At that time. It was .. ~.located :in,the ~useum t ;vast ~. :TemecbIa floor ' '. the Bian.chi Frontier Museum..~their understanding a sale was .. storage facility. ~i ?-'. ~.~a~.~-" r~ 'inc to the nev~ Htstoncal Center was possible, ,qmminent and a qmek purchases ...~ueh.'~hm~s as.:ber. parent &] 'sale take n13r, 13~-,,~,;-~, o.;a '~, Kazser ,DevelopmeaL Co.,and ..of the local htstmncal items was.= autot, rauhed collection of.,~rle.~: =, -... · ~ ~ . . .:. Overlanai .Banl~ .'~cently. l~aRI: ,~.n -eees~ to keep' the item~"in'-" Sfn~le-y'Ga~-~er books' "~ p"~iF 5f.'~.t ~..L~i~;:.,'~?,.;.' L:.:'-::~?_~_?;~<~: ~.?~ · $20,000.to the. mu. seum. to re?m :,~e ereav _. .Pr7.~.~ :k sa!d~. ? .., bfnoculars, surveyors .In~ 'be dis-~----, · ,poke~:~an. ~L~aid th,t .last .'.that assurLnees were n~d'~ that '.,. See BIANClO'pai~"A{4:i'-"~';~' '~u,eu; is ;tsYt~l~' *. ,-tsfacts. Na,cy Maurice .is redoublin~ her efforts to. resurrect the now defunct Temecula Historical Society in. the hopes of finding a way to es- tablish a new local museum. The board of the Sam Hicks· Memorial Park has discussed several alternatives. including the pursuit of government fun-' ding to build a muieum on the' · park site. But since the park is' .only ..8 of an acre. lack of space ts a .real deterrent. Maurice 'said. ~':'-~ :-~ := ;'~ .... ,. lde.~lly:z' Ma',~rice 's~id s~e: would like to get access to tl~e' Gonzales 'adobe: one 'of the oldest standing structures in the' Temecula Valley/and to refur- bish it. into the community's ob ficial museum. ~ ;. :: . ~ . :.- :::- "MaUrice' said she plani to con. ta.e.t, Rancho Consultants,' current'own~r~)f the'~n~ales': adobe, to discuss' the'~ssibilit¥ t of creating a museum odt of the. historical building. :~..~!¥; ~ ~ . . ~At this tim~.'no responsibl~~. historical organization 'exists' locally to give custody of the at-' [ifa~ts ~too,.: Prysock. said. Overland Bank. by ~, its~ existing security, will h .~e'; bu[~ of the historical coh~don' until an alternative c~n ~e work-'* ~1 out.:C... - -~:;?..';-'~. :~.~;-' December 5, 1985 Ms. Nancy J. Maurice Historical Committee 28690 Front Street, Suite 330 Temecula, CA 92390 Dear Nancy: Your obvious proqress in preserving valuable Temecula Valley Historical memorabilia is exciting. Congratulations again on your new location and the concerted efforts of everyone in your group to save a little bit of the past for the future. We're prepared to allow you at this time to display the memorabilia we purchased from Bianchi. We're impressed with the overall organization that you've demonstrated but we have a couple of concerns that we would like you to consider. Although Liz Pascoe's generous donation is appreciated by everyone, we are concerned that a conscientious effort be continued to secure a permanent location for the museum and the artifacts. We are aware that certain avenues are already being considered for a future permanent site and we hope that this problem will remain a priority item for your group until a satisfactory solution has been found. Should the year come to an end without resolve as to the permanent location of the Old Town Temecula Museum, we would like to be assured that proper and safe storage will be made available for all of the museum pieces. Until such time as a permanent location is secured, we will retain ownership. Kaiser would also like to continue to display the Vail Bell and the historical blow-ups of the area in the new Rancho California Information Center until such time as you have more room. The bell and photos produce a great touch with the past for our newest visitors to the Temecula Valley. Your effort and immediate success demonstrate that the Old Town Temecula Museum's future is in capable hands with folks who care -- 27-'i;5 Yn~z Read Temecula Ruf',¢.".o C,~,:iarma. Caidorn:a 92390 ' 7: 4' .:75-504: RRNCHO CR!.IFOI:IN!]:I Ms. Nancy J. Maurice December 5, 1985 Page 2 continued success and good luck. Please contact Kaiser to arrange a date for delivery of the artifacts currently in storage. Sincerely, Manager, Community Relations and Advertising Allan McDonald President, Overland Bank SP/AM:br WIDEN NECOiqOEO uL~L TO ISPACE &M)¥t IHI$ LINE FOA AECOROEII S USII BILL OF SALE The undemigned. Frontier Museum Historical Center, Temecula, California 1 ea. 2 ea. 1 ea. 2 ea. Iea, 14 ea, 1 ea. 1 ea. Iea. 1 1 1 1 IMival~al~con~le~alJ~m. rKetpt~fwhlr~tsl~ere~/~'U~vla~l.~ ~ sdlo OVErT,AND BANK and Kaiser ~R Development Company~ Tem~ula, California ~ ~ pr~ny ~i~ as ~ail Ranc~ sa~les ~aH Ranc~ bell ~ail Ranc~ ~or~ colta~s Vail Ranc~ "No Hunting" si~n historical photo murals 20* x 8~ w~den exhibit platform with el~trical system 24"x96"x40" anUoue showcase Winchester carbine, caliber 32/20 Col~ S[mgle .ac~ic~ Army revolv,e, .4~. 7 1/~" bbl, u~d on Vail Ranch collection of Sam Hicks personal mementos collation of Earle SLanley Gardener per~nal memorabilia collec[icn of assorted Temecula memorabilia For a total value of $23,000 (see Addendum on Total sale value $20,000 reverse side ) January 23~ 1~5 STATE OF CALIFORNIA }u. COUNTY OF Riverside On this 23rd day ~1 January . in John ~. ~Biancni ~r~lty kn~n to ~ (M ~ Io ~ on t~ ~s of ~ltsl~ ~) ~ ~ I~ ~_ w~e ~4_ ~ suOscri~ Io the ADOENDUM Certain articles donated and/or outright gifts to the Frontier Museum Historical Center contained in this Bill of Sale are be. ing transferred by virtue of this document, without charge. However, a nominal value has been placed on the restoration~ storage, insurance, historical research, security, st~owcasing, and curator services during the time that these artifacts were being maintained b' Frontier Museum Historical Center. They are herewith being tranaferrecl with no value assess, thereto for the actual articles. The Frontier Museum Historical Center herewith contributes three thousand dollars ($3,000) of this value to be deducted from the $23,000 valuation on the artifacts, thereby leaving a net payable balance of twenty thousand dollars ($20,000}. Valuations are as follows: I ca. Vail ranch saddle, owned by Mahlon Vail, with stand and accessories $ 1,500 Iea. Vail fanch saddle, with stand and accessories $ 1,000 (both saddles com131etely restored) 1 ea. Vail ranch bell, restored and mounted on a brass/walnut stand $ 1,000 I ca. Vail ranch "No Hunting" sign $ 50 2 ca. Vail ranch horse collars, restored and mace into mirrors $ 500 14 ea. historical i~hoto murals $ 1,590 1 ea. anti(~ue showcase, 24"x96"x40" $ 800 1 ca. 20'x8' Dlatform, wooden, wit. h electrical system $ 600 1 ea. 5'x9' clioram[ of Teme:ula Townsite w/ enclosure and table mount $ 12,000 As stated above, a'nominal value has been placed on restoration, etc. of items no listed in the above valuations $ Gross valuation $ Contribution Net valuation $ The following items are aDDraised for reference 13urDoses only and not as a part of statement valuation: Collec~io~ of Sam Hicks ~.~rson~; roemen'.os Collection of Earle Stanley Gardner mementos Miscellaneous Temecula memorabila Colt S.A.A. revolver & Winchester carbine 3,960 23,000 (3,000) 20,000 this sale .OO0 ,000 ,000 ,500 Temecula Museum officially"o~p~_ ·: '., % ~,~. ,~-' ~ .._.,,~r~,.,. /. r~. ~ · . '.. '~ ~. !~,>'" .AT '~ ~-.~' :'~ ~ ' :';~OSTING RECE~ION within the Old Town Teme~ll M~eum at its rib~n'~Jng ~'ce~mony ~ ~leb~ Its reMcafion eft F~t S~t a~, ~rom I~f, Ray ~eyer, Nancy MiurJce a~ TKy Tobin, mv~um ~tor. hyer is president M the bolrd · tots far ~e mu~. - . :: [ ENTRAN~E_j, ' Front S~t ~s ~1 liferiM by ~am~r M ~m~rce km~sszdo~ and o~er'i~ . , _~ ,Hls~, w~ ~ly was 'ml~ l hra~ lifetime mem~r of the museum.~ ~. ,, I THE OLD TOWN TEMECULA MERCHANTS ASSOCIATION'recently donated S30(~ to the Temecula Museum as a start in the museum's building fund: The 60-member ; merchants association is working to preserve old town's buildings and atmosphere. ' · "To let it go would be a crime," said Katherine Hanson, secretary of the merchants ' ' association. The Old Town Temecula Merchants Association formed three months ago, and they meet the first Wednesday of each month. Pictured are (I to r): Bea and Bob Taylor, Katherine Hanson,. Mary Davis, Ray Meyer and Nancy Maurice. ~ -.. OLD TO N TEMECULA'MUSEUM 3une 15, 1987 $500 DONATED BY LOCAL MERCHANT TO OLD TOWN TEMECULA MUSEUM BUILDING FUND This past weekend the Panache Beauty Center hosted a '- Cut-A-Thon Benefit for the Old Town Temecula Museum. Anthony and Aleta Wegscheider, owners of .She shop, donated all supplies and the use of their shop all day for the event.. Their staff also'donated their time to.benefit the museum. ' In .conjunction, Barb's Balloon Affaire 'do~ated''helium ball- oons' for the kids;'Rainbow.Balloon'don~ted .the large hot air balloon stationed in front.-of.the Beauty Center,,Carl' Lyons. : donated.music and song~.'throught'out the afternoon. The Grove Cafe donated hot chowder, Ginny S~h~er..[brought down some of her miniature-horses and'the.Outlaw Gun Fighters put on shows " Also, 'the'Temecula Cr~ft"League..paid to" SetL. up their booths. at the site and that'money also went to the.museum. Museum Curator, Tony Tobin'was,.0n' hand to answer questions about the museum 'and Board President, Ray' Meyer'was.there to help collect money for the hair cuts. Relieving R~y were volun- teers, Maureen Zoll add Nancy Maurice. : ~'t the'end of the fun day, Anthony'and'Aleta presented.-.. .' the museum with a check for $500 to add to the newly established buildins.fund. 'Old : ~ seum, on.Fr6i~t ,Street,;:,Teme~iila' ' · .~=,.'was estabiiske~l '~to .... ...¥:p'rstect t~e~i~,.U.re~ of. ~;'--.., ..' ..... .,,_ -,~.,:~.~ . ~. ~..~,And though ~e museum '~i~ ~.~'Uons,'~,the~'e ~.are "'"~' ~- ........-~'1~~' t !!~ '--?do more t a '. .~ '~.~_ . -, ...... ..~..: ..~-.~.;volunteer,a~e m~um, :~~--,,~ ............... .,. . . ~,~ · '~man~~rom the.Ranch~Temecula'~ ., · ..Women s ~ub~a~accordlns,..(~ .' Ra~ Meyer, pr~ldent of the mu-;~ ~;'.-" .- . ~: ~..-,.~ ~:~ seum board, the~ are c~cm to ~m '; -~ -:,~: ~- .... "~ ;": ~'-~'- · the mu~um pro~ .., :. .- .... ,We couldnt open the doo~ ;~. · ~'~%', .... ~, .~ .i.'r,~,a~ .... --~;.-... We tel to~11 on the do-.. --~;..~...~,~-:.;~ ,.-.,-;-~..~,~--.~..... ~ · ~'~"(voluntee~)," he ~ld, on~ ,~ :.-- .:~; ->.wouldn t be able to.'af~ord,~o pay ~r ~even five T H C:iUI FOl , ,*I "~ ~, '~ .... ,i .... ' ~'P.O~BOX ~70' _ ~ ~, . 28S3~ F~nt SI., Suite 200 '" :' ' ' -* ... :... Temecula, CA. 923~" · ' '~' -"~. '~14)~7~4315 '. -O~ice hours: Mon.-Fri. 8:00 ....... ' IRWIN FRAN~Publ~her - Copy ~to~ Photo~*pher Bob EIl~ge ., . ...... ~.. ~-~P,~- ~-~,-- ~...; Editogal, .... .. -- ., ~ ..~'i~' ~.le~hy ~p on rmn~ ~t~t ~fo~ ~g aw~en~. They have bl~ fi~ ~ this ~&~ ~- For ~ Ion[-time Tem~, ~ (~e~ the p~es of a his~ ~ok: It a a re~ -.~.. ~ of ~eir lives ..... :~.. ~.' Twenty yea~ ago m~y of the~ ~wnsp~ple goc · ~gether and d~cated a park give. Wi~t ~y ou~ide ~nding, ~ey ere~ a ?k- ~ l~-~n ~i~ monument ~'memo~lize .~ '-' , · .~ , -' · . k ............. ~"' :' ' For ~~e~rk o~rs~ ~er ~ f~ a ~ ~p of ~nl-~%~ - ~ .... : --~,.~- . .~ .~ ! ~u~ ~l~ ~:~q it ,~ for ~, ~,-:.~ ;:_ -. _ ;~- ~l~et's no{ kic~ og ~i sh~ and ~ttle m~.~e ..~ ~ ~e~t~ce that the B-4 TheC~llfo~ian Thursday, JuneZ, l~ll ,,'-' ' I~ SNIII. IY ~ T~!ECU~A - ~ T~ VIIl~ Ga~ ~ub want~ ~ help ~ Old T~ T~ia Histo~cal M~m wi~ i~ ~iMin~ f~. 'supplies .and rumm-[e. at Butte~eM ~ in OM To~ T~la ~ ~y ~1. ~ : A CNECK FOR S1,~ for the Old Town Tometufa Historical Museum's building fund, · Is presented ~ Helga Berger, p~sident of the museum ~ard ~ dire~ors,, center right, by Olivia Ml~e~allner, president of the Tamecuria Valley Garden Club, center · . left, while mm~rs of the Gitden Club look on. The Gareen Club mem~rs and t~elr husbands riised the tooDay it ~ ve~ successful ~ay ~mmige ind yird sale in Bu~effield ~ere. . - 'Teme ula Garden. Club earns. $1,000 for Old ,Town Museum. ~ fi~ daY's ~ie was ~ "~n~' of ~ wo~n mem~ ~ful ~t ~e Ga~ ~ub ~mitt~ ~at "it ~ldn't bye So sueeessful,wer~ ~ w~ ~. ~y want~ ~ it ~ ~ $1.~. M ~y dug ~to ~y ~ ~e~ a~ Wine the elub's treasury for the clean ~t ~ ~t or fatale, m~m for ~e pr~Mti~ ~ pet a few ~n~ a~ M!I ~em. ~ Sl.~ chKk to ~ Old Town ~. ~ mem~n s~r~ askinf T~h M~eum's ~ildJnf It tu~ ~t ~ ~ ~le had ~ ~n~ti~ was ~e ~ pr~ess of raisinf money to .1~ of ~m~fe ~ f~ ~ of. the museum by Olivia ~e ~ s~11 ~'~t~H~'s '.~l~r!~s~e~it~ Mitte~allner. Gard~ ~ub ~ from F~t St~t ~ 'at ~e ~m~r's M. mean-'prfiident. to NelKa Betlet. Sam Hicks Monument Park ink it all ~ ~ ~ ~ aKain president of .the museum's w~re it will ~ enlar~ for a -TIm~ assistinK. in addition to ~:' Mittef~'allner and her husband. Ro40~t. were ~ . and Sam t, evine. Donna Webster. Rose..: Sch~ter. Carol~ StranR. June Green. Ten? Dela Vina. Ruth =, Moore and husband. Maltdalena : and Josef Ma~enheJm. Olive See. Map and Ted Phay. Lou Phelps. Sheri Richardson Evelyn Leonard and Toni / ~,.: /.~ ~,,~0 The C·lifornian Thurs~Jiy, July 7, a m HasSbn - nored ' donations to " -' lazstorzcal ;'~ ~ .' : .... ~., ~.~.~ ~.. ',...:'i '.~ :~ . - .... -museum ~ · .. '~, - . . . ~_ . .=~::.,: -. ~. . · ?~ -' :' ~ ~HI~ ~"- .. m~um. ~ a~t ~ " 2~ir~tor ~m,rit~ ~ ~ Old day ~11~n ~nd Wi~ F~v,l ~ ;.Town Temeeula Historid'~l May~.. .... -... ~,.~.i.. .....· · ' ~,'.M us·urn board of directors. w'~s Hasson. a resident of M'u~l~ ' ~,.~.onored ?ith the present, riehl· 'Hot Sprin~s. is · founde~ of the -, ~a plaque 'this Week by Nelgl 'i. Old Town Temecula Historical ' '~TBerger. board ~resident... ~:~?Museum ·long with Nancy "This is long overdue For. Maurice and Tony To,in. '. ".". "-.--" ,.~Sam." said Berger when s?.'--.iThe.plaque .presented to" · :gave him the award. ' t% ' Hasson reids: '~:Xn appreciaUon ::; Berger explained that Hasson for your unUring effort and sup- · has been donaUng free space to port 'as · ce-fmmder o! the Old -)the museum for over a year in a Town Temecula Hist.orieal · H~uilding next to a service station Museum" '.. ·. ..... "t~e owns on Front Street. ,.-- __ ' " ~:- . :-. ..: · .~:~'-":'. · .,.,, ~ :lite muff~im DO·I~ m~11~l~ - -'--~'--:~-. -*" · '-- He not only renovated the' .... ._ ...... ,~...~.. ~. .. · · . ' . ' .' are now c~pcung · I~r~e iun~ . "'. build,ng. wh,ch was previously .... · . . . ..... ,~: ' usa~elfnr the. r~nnirlnu ~,f?relslng 13tlve Io ~t t]~ Ol~inll· ._ · S. Cather:n· s Church m~ Front ." .- · · .. · .-.-,- --, .-. $h _.~r t~s/~ automobdes at h~s ex o/ ..... ~'$30.000 to~'.140000 .he also is" ,.,~e. t.?bemov~d_ overtusam .NONOR[DBYMU$s=UMles! .~kwa.~$amNass.m, whe ' ". allow·ha m ,,,'th~'l~aMina t,,~- ;_tue~s Mmmment Park where it .. was I~r~nfod · plaque by'Nel~ Ber~er; pr~$1den. t of f~e · o! char · "commented Bet rl.:':~will be tnlarled and renovated . .l~lrd of :-' The gb~ildin- which ~'~-~. .a I~'manent site lot the' ..~l~aque was ~lven. fo 'Hasson,'direcfor.emerltus'of ;~nuseu~ i,~,- ~-,"- ~,~,l ,,t ~ m~ ':'~ museum. - -.' ;i" ' ' "museum board, 'in ap~recletfon of his unfirin~ efferf~ and ~nuare Ic,~t nn;d Hn~nn uid thnt~ ' ·The m~se~m houses many $ulN~rf as e co-founder of ~e museum. Nesson re~evated · · I~ildin~ he could ~et $1 per square foot sf. historical artifacts ·rum the. ........ '" Temecula VilI~a~ :--'---'-'-- rum ;he tentea K, or ·pproxlmitely. ~-7 ,--.,,,c,uu,.s * museum for ever a year. ~AI.QS? · month. · , .. ,-..;..; q some that date hack to when the ..... :~ "Sam &lso dentes when h~' Indiaus resided here. Due to lack ;lells Imtdo~s and other fast food ~'.; o( space. many large items are ',~)utside or.his Swin['-!n~..notondisplay.':" :'=;'~.'' .~ · ~-restaurant durin~ special evenia.~,:f.-.FurUmr inlormaUm"ou the ..:~th~.t the .epmmu~it..v sponsors,"~.*:fund-raising drive may be oh. . ;. · Hasson then announced that he'~:member or with _.Be~., .r-at (714). :_:2was do·aging :$253 to" th _~:S'~-5484. -..: ': ---;. ~-;3]~ ~nesday, June 21, 1989 .MuseUm .d . aws 1,500:, for o "nth' i.- · . ..'. ..:. ..',' .'...11.~. .......:. :. ;:;..:.,_~.....- .... All iprev'lous attendance .,, , recoi'ds of the Old Town Temecu- ..' :. £ £.':~_:~ - : ,;.".-.?,i-. ,:.." . · la -Museum were' shattered' ,last ~-= ' cbn~/r0~t,6i'i'i~i ~c-m0nth when 1,504 ,visitors .were :' "; .::.'-'.'.~:'~ '. ': :..":-:::~'-~:~-%:, '. '. ' ,lo~ed. ' .. :.-_' .,L,..:" eFp//cted to' begin"." '.'" ...=."'~. Flfty-one'of the total ~=~/int '.." '" -~".--.~.~_,, · .'" ::~-?:.*. ".~:.: .::£~. ~..of museum observers were'4'rom."- . ~..snor~ly .on. a.new i:foreign 'countries, 113 were :from ' ':'::'.,;.,;;~'i~j.,, ,,~: ~./-:-,,~:-,~ " ...... : ..... ' W ..... .'"" I I IUO~UI I I I./UIIUII I C:tl.-~ :~' .. other states-and .the rest:, ere.-.... .:..j.~. ............. ....~1 ,. ............. ' ~' ....... *~. * · -~-.-."'l' '::- · :. '.: ¢ '7' : California residents. ~ ...........,,.:-..~ .;.. .,..:,.. _. :....: .......,-. :,:: ........ . .--',-,~-...~-,.- SamHicks, ~'_:. :' 'Foreign ::.VISItOrs came.';:from .,',~,...~ .-%,~_.: ....;.,..:¢,.::,..;:~..-~:, :.,,.;.:., -"_:~lban~a,'"~ui{~aUa, Canada,':.'.costa :~:2. M6hurn~r[t' Park,~.. · Rica,'..Ei .::Salvador,.' England,. ..-... ,-&$ . :...,-; ...-c,.:.~--::_:.:.!=.. .' France, ':West Germany,. Ir.e. land,:: where'the historic Kenya, Mexico, New Zealand, and ~"'" ..... ~- ........ ;' ":' '"- South Africa. "' ': The United Stat~s visit6rs hailed from 27 different states,. St ::~Catherines' · Chi~rch willl serve including California. ' as e new... · ' '. History .buffs may visit"the. ;, ' -_:~._~_-'.= museum,. which is entirely staffed.~.rnlu:seu.m'§' '-"" . ;!...~. by volunteers, from 10 a.m;'to '4'e'n'{ ' n¢'e'"~ J '": ......:~"' :' p.m. Wednesday throush.SuMay:" :" rat ".' "' ~' "?' The museum Is located at .28690:'= .';,,.~ ....'' .. .:..:..~:.=.:.¢ ';'.., .. ,-. ~.:;:.[.~':.-.', ,:Front St., next to Sam's Shell ira; .,' _..,.~,~,- ........, ......' ..... ,_~. ....' · :tiaa. ' ....v... -:"~...-.'-..i. ?~,-~.-::-~.; ~:_are.'~aitl.ng the:.'start :of e'o'nstimc:= · .-;.~!'4, MOre museum '~;6i~[gie-~ ~/'e :-. tlon ~f a'new~'ni'dseu/fi' buildlr~g a{ · needed, as'well as a'volunteer :'SameHicks Monument Park. 9,"-.' ':reeeptionist..Int6rested p/rson are .':>'-.. '.:':'i~, e old .St.'Catherines Chtireh .asked to call $76~0021 or Indlcate'~j:~bulld!~_ng has.been:m...o. ved to:the ~thetr willi~{gness td serve .d~frtng a"~ park~-.a~d.',wii! ~.').o. ~/~'1~ .set 'od~its . -. vlsit.'/d' the museu/n-:' ?~.-~-..:.:-..':'..:~i~-?. ~'~.:perin~neiit 'fo~daU0~,-'th~feTlThe ' .-: ---. As 'the-~ number:.0f '.visitors'.;17c.hufih will :beComi 'the 'intran/:e. continues to Increase.- or~anlzers:::'_to' tii'~ new museum.'-.~'xiJ-_ . : ..... ::...: ,~. .... ~ ,~.~. , ._,..,. -.. , .: ~,-:..' ~ ,= ,-~.;::.,,.., - _, ~i~,~;~..'~/C~:, · '.::.,::. ~,-,..;,~r ~--'. .... -.,"~- :'",-~'~-' ~."~,1 :'~' :".,-;->;~:..';~'~.',,'~.'.;i,~.~=~.'-;,~'~'~,. Sale to benefit museum . .~ ~.i..--~- ,~. : The Press-Edterprise . ~" .. The rummage sale to benefit the'*Old Town Temecul:~':Mu~um'i yesterday was one for .the ages. ~ · · · .** '- All .day, dozens of people of many ages buzzed*around · .:-?[emecula Market parking lot, going through old clothes,1 appli-: ., ances, furniture, toys and books of all ages ......... -.. ~-.. Funds from ~e fourth annual rummage sale will benefit the ';.Temecula Museum Foundation. · .... .... ..-. ' ..... '"":~.-';~-~',_~7 · :.i' The 4-year-old museum has .been In-eraroped quarters Front Street .and in' Butterfield Square 6he b10~k-.-'~.~uth?~ld.' museum curator Tony Tobln. ", .- ~ '-----~, ~'.~:~ · Olivia. Mitterwallner .~oo~:diriat~d ~he 7$aie' fr$/n"'fiii/!'/i-rhi~7 · '74straw' hat, bartei'ing with buyers whenever she icould.' Shi'.¢$ll',e~te.'d' ~the goods from Smaller garage sales and busin~es~.. ch/i.rc.h'~ ;dnd? se,rvice organtza.U,.ons.' -*-:'..' -.**-'' ....., i.-' .....' .... ........ -'. *'"t.. '* ,.' ' ?* '*:':, ~e-. ~,eW$~*.~'- · ~':' .One shopper,-~Earnest Burrows,'-found'an bld ;sUver.-plated.ice~ :* bucket: with. a *-~ceramic: lining **that .~,~ plans to* convert into/a*-~ ~-' ' "~' **- -*' .-..~y. 4 ' ~ .-'7.. :~.;',.,~? * ' ..~--...'-"g~. L~ -~': -;*;:~;~.u,-.% ~,%~.---:.x. :.~.~-.-.= .~. '~'~ .... ..~, p !anter. ~,-~., ,,.¢~:~..~. o:. ~ ,.: .,..ei~ ~.~.,,~..,.} ,~***..~ [ ~'.. *:**~ :~-:.~?.~=,.~:~.~. i-.'..:;* ':It's ~e'only* ,~ing*'that .fascinated**~me.:bere,".sald Burrows,-:' .. ~,wh0' *likes'. to go,to i$//'age Sales ofteE3,.::: "--~*.:-/';~*The foundation is preparing to kick off a fuhd:ralsing'cam- · ;paign to raise.~.$350,000 for a new, 3,200-square-foot museum in ': Sam Hicks Monument Park. ~ .The 70-year-old $L Catherine's Church buildi~ was moved in :May 1989 from ' its :original site on Sixth and Front streets to ;.'Moreno Road and Mercedes Street near the park. ' * ..... '* : Foundation members hope to refurbish the church and build a ; large addition. to house the new Old Town Temecula Museum.' Robert j. Fitch 5811 Argyle Way Riverside, California 92506 (714) 683-8346 February 21, 1991 Temecula Museum P.O. Box 792 Temecula, CA 92390 Dear Ladies and Gentlemen: I have been appointed by the Riverside County Board of Supervisors to chair the 1993 County Centennial Advisory Board/Foundation. I am working with a 25-member Advisory Board appointed by the Board of Supervisors in planning and coordinating activities throughout the County to celebrate the County's 100th birthday. The celebration will commence in the fall of 1992 and continue through to the actual birth date of May 9, 1993. We request that any events or activities planned during this period of time by your organization include a recognition of the County's Centennial. You may also wish to schedule a special event for this important occasion. We will be most pleased to assist you in any way we can. let me know how this may be possible. Please Centennially yours, Robert J. Fitch April 1, 1991 Becca: Cynthia Crain, 676-4368, called me today about her 14 year old daughter, Carmen, doing some volunteer work at the Museum. Carmen is a freshman at TVH$ and is a history buff and is also studying photography. She is facinated by our local history and has read Tom Hudson's book from cover to cover. She would like to come into the Museum and assist the regular docents on duty in whatever way she can. Would also like to meet Glen Travis and talk photography. I told Cynthia I would bring this to your attention. want to mass the word along to Barbara. Hat ker You may San I~ernardinc County ~useums Saturday, ~a~ 4, 1 ~1 8:30am 9:00am 9:15-10:15am 10:15-10:45am 10:45-11:45am Noon-1:15pro REGISTRATION and Continental Breakfast WELCOMING REMARKS William E. Cunningham, Councilmember, City of Redlands GENERAL SESSION Strategies for Success Bruce A. Altman, City Manager, City of Palm Desert Ron Loveridge, City Council, First Ward, City of Riverside William E. Cunningham, Councilmember, City of Redlands Moderator, John Holmes, City Manager, City of Riverside Coffee Break GENERAL SESSION Making Government Work for You David McElroy, Director, Riverside County Economic Development Agency Balph Megna, Deputy Director of the Development Department, City of Riverside Vi Hamher, Moreno Valley Historical Society Mike Dombrowski, Planning Commissioner, San Bernardino County LUNCHEON Keynote Address: 'Update on Statewide Issues for Museums" Elizabeth B. Sma~t,'Curator, Statewide Collections Development, Office of Interpretive Services, California Department of Parks and Recreation .',,i.'~i0~uor~d COLiFO~,rxio museum co~o~Iiurn ..~ Strategies for Success The Seventh Annual Conference cf the Inland California Museum Consortium May 4, 1 c-jC-jl San !~ernardinc County Museums I~edlands, California Presentations and Workshops designed to assist in the management and operation of cultural institutions co-sponsored by: EDWARD-DEAN MUSEUM OF DECORATIVE ARTS FRIENDS OF THE EDWARD-DEAN MUSEUM MUSEUM OF HISTORY. AND ART, ONTARIO CALIFORNIA ASSOCIATION OF MUSEUMS SAN BERNARDINO COUNTY MUSEUMS SAN BERNARDINO COUNTY MUSEUM ASSOCIATION RIVERSIDE MUNICIPAL MUSEUM RIVERSIDE MUSEUM ASSOCIATES 1:30-3:00pm 3:30o5:00pm 5:00pm WORKSHOPS (1) Strategies to Develop Your Institutional Profile Barbara Fiemining, Deputy Director, San Bernardino County Museum George McGinnis, Professor of Design, California State University, San Bernardino (2) Strengthening Educational Coalitions Marclie Wright, Ed. D., Assistant Supertendant/Secondary Education, Instructional Services, Moreno Valley Unified School Distdct Zonith Overby, Principal, Kimbark School Connie Cowan, The Indio Film Project, Coachella Valley Historical Society WORKSHOPS (see 1:30 schedule) Wine and Cheese Reception Inland California ~tuseum (~cnscrtium (~atherin~ ,~a~' 4, 1 ~)1 Registration Fee (includes continental breakfast, conference, luncheon): $25.00 Stuclent Rate (with ID): $10.00 --WORKSHOPS ONLY Name Address Name Total fees enclosed (checks payable to ICMi~: $ Cre(3it cards not accepted Address Send registration to: San Bernardino County Museums, attn: Division of History 2024 Orange Tree Lane, Redlands, CA 92374 The Seventh Annual Conference of the Inland California Museum Consortium May 4, 1991 San Bernardino County Museums, Redlands, California CaJifornia Street offramp from Interstate 10 Los Angeles PomonsFwy 60 1-10 1-10 ,~ Sin 8ern.,r~ino County Museum 6O 1-10 Sotrags ~ 79 Hamer I ~IVERS[DE COUNTY MUSEUM DEPART*tENT _DWARD-DEAN MUSEUM OF D~CORATIVE ART 9~0]. O^'~ GLF.~ RO^D PASADENA, CA CH"ERRY VALLEY, CALIFORNIA 92~'~0P SHIPMENT A"JTHI3 Ri,T.A~'i0N ;' PRESORTED ATTACHEMENT "C" Team Evangelical Assistance Ministries of Rancho-Temecula-Murrieta Valleys 41945 5th Street Margie Hammersley Temecula, CA 92390 Director (714) 676-8022 DEC 0 5 1990 CITY OF TEMECULA Community Services Funding Proqram The City of Temecula, in its Fiscal Year 1990-1991 budget, has allocated $125,000 to fund community service programs within the community. ELIGIBILITY Applications are accepted from tax exempt, nonprofit organizations and individuals for the funding of projects which occur during the fiscal year, excluding normal operating expenses and deficit funding. Services should benefit the City of Temecula. A written report should be presented to the City Council thirty days after the completion of the project. In the case of an extended project, interim reports may be required. DEADLINES November 16, 1990 - Applications available from the City of Temecula. November 30, 1990 - Deadline for application submittal for second funding period. Award recipients will be announced in December, 1990. CRITERIA In making i.ts recommendations to the City Council for funding, a Community Service Committee will consider the following criteria: a. Community service excellence b. Size and make-u13 community service organization c. Relevance to the City's community service interests d. Public and critic reaction to the group e. Quality of fiscal management f. Longevity in the City of Temecula g. Percentage of request to organization's annual budget h. Community leadership and support Applicants will be notified of date, time and location for a five {5) minute presentation to the Committee and answer questions the Committee may have. Thank you for participating in the City of Temecula's Community Service Funding Program. CITY OF TEMECULA COMMUNITY SERVICE FUNDING PROGRAM Amount Requested Project Starting Date: Project Ending Date: ORGANIZATION'S BACKGROUND: Name of Organization ~ Mailing address ~/ ?_~ Telephone number /~ ? Number of paid staff P O /3 ~- Number of volunteer hours contributed in past year Geographic area(s) served ?~' Year founded ? ? Number of volunteers Is this organization incorporated in California as a non-profit organization? Yes Y No If "yes": Date of incorporation as a non-profit /~' Federal identification number State identification number If "no": Name of sponsoring organization Its federal identification number Its state identification number This application has been authorized by the organization's: Executive Committee Board of Directors Members-at-large FINANCIAL STATEMENT (Based on your organization's last fiscal year) ~NCOME EXPENSES Fundraising $ E Salaries Foundation grants $ ~' Operating expenses United Way $ ~ Community services Government funds $ ~'.~ Amount sent to national/parent organization Other sources $ Other expenses $ Please note with an asterisk any numbers you think require additional explanation, and comment on these items. In addition, please attach the organization's most recent treasurer's report or financial statement. (It does not require a CPA's audit, but please submit if available.) Your Organization's Mission: Briefly describe the goals and objectives of your organization and the major community services it provides. Project(s) needing award funding How will your organization use any funding awarded? Give the project's objectives, number of persons served, area where services are provided, and number of volunteers involved. Be specific. Note any equipment or services that the award money would purchase and why it is needed. Please include a detailed budget and a schedule of significant activities related to this project. Please attach a maximum of one double-spaced typewritten page of information if you need to expand your answer beyond this space. We hereby certify the information contained in this application is true to the best of our knowledge and belief. (Sign both if same) (Signature and title of indiviEual preparing application form) L/ ' (Signature and/t~tle of President or Authorized Officer) ITelephonel (Organization Name) (Address of Organization)~ (Date) Return Completed Application to: Community Service Funding Program City of Temecula 43172 Business Park Drive Temecula, California 92390 LAST NAME RANCHO TEMECULA COMMUNITY PANTRY INFORMATION ANO SERVICE RECORO INTER'VIEW BY 0A IE FIRST NAME l BIRTN OATE AOOBESS WOMAN'S FIRST HAME CITY P~v~ouS ADO~SS On CROSS REfEREKE M Alii i'AL STATUS TO?AL NUMBER IN NUMOEll BN $Aidff. V CAUSE O~ SOCIAL SECURITY NUMBER MAN WOMAN BOYS AGES AGES OCCUPAflON MAN WOMAN OT.EI~ AGENCY HELP~ W~E~ VISITING ~Ow LONG T~ERE )~W LOnG IN STATE COUNTY LICENSE STAr! VISUS NUMBER OF j VISITS CHURCH AFFILIATION PANTR"¥ Category and Tra. r, sfer L"ist. 6a'%egocy 40 L 4 ()!: '405 ..-fOe 503 5i8 528 f; 3 &- :548 545 592 !; !0! i11.8 De.scF' i p": ] on Re] Type NNHBER: CHUF'.OHES :" inc BUS.iiNESS ORi3AN:£2ATiONS :~: inc FRATERNAL ORGANi2AT i8H'3 ~ inc .'[NP'iVi DUAL DON~Ti£ON:5 ~: ilnc FUND RAiSiNG UNCLASSiFiED ': ACCOUNTING & i...E',i~AL ADVERTiSiNG ':" BUSINESS i_UNCHiE5 '~: 'TRAVEL AND TRAN':SPORTATiON :i. E:::pns FOOD PURCHASES FOR ]'NVENT GIFT CER'F!FiCATE5 :~: E::.::~.ns LICENSES 3< REGULATORY FEE ':': E:.:pns HEHBER'.~;H ]~P DUES :~: RENT TELEPHONE '~: iNSURANCE ~: E.:<pns OFFICE SUPPLIES %: ENPENSE ~: Expn5 PRiNTiNG :~: SECRETAR [AN SERV'i{CES PAYROLL ~: E:.<pns REPAIRS REPLACEHENTS EGUIPHENT YARD PtAZNTENANCE .i: Expns CONTRIBUTIONS BY T.E,A,rd :~: E:..::pns EDUCATION :~: E::<pns UTILITIES HOUSING - r, lOTEL :~: Expns CHILD CARE :~: E::::pns BANK CHARGES :}: E::-::pn ~. PHOTO COPIES P,O.BOX RENTAL BANK-SPNB E',an k FU~:NZTURE & FIXTURES Bank CASH ON HAND E:a.~h Budget. Amoun% q"RY- '61 1 ,:/. 4 ./'i? 1 BALAI"JE:E :!!, 1.-I F..:; E 'r' A-s.. ,_-., f zi. 2: .," :3 1 ./' '!? () 0. 0 0 :L :, :.-i: :t. 7.41:1. :L., ',?, t 7..4 :,..-1: PANTRY-A]] 3/24/'91 T. E. A.M. 1/ 1/90 Throu,~h 12/31/90 1/ 1/90- 12/3i/90 INCOME/EXPENSE iNCOME BUSINESS ORGANIZATIONS FUND RAISING iNDIViDUAL DONATIONS MEMBER CHURCHES Income - Other TOTAL INCOME 9,359.08 830.00 2:.560.82 15,207.0:2 2,434.78 30,371.70 E'XPENSES BUSINESS LUNCHES CHILD CARE FOOD PURCHASES FOR INVENT GIFT CERTIFICATES HOUSING - MOTEL INSURANCE MEMBERSHIP DUES OFFICE SUPPLIES & EXPENSE P.O. BOX RENTAL PRINTING RENT S. H. A. R. E. SECRETARIAL SERVICES TELEPHONE TRAVEL AND TRANSPORTATION UTILITIES YARD MAINTENANCE Exp~_ns.~_s - Other 88.94 6,315.6'..-.." 5,698.72 1,368.00 2,051.05 283.8! 35.00 272.32 30.00 140.03 10,200.00 65.00 7.35 606.32 40.00 1,301.20 .'7, 0 . ,l--: .'7/ 0.00 TOTAL EXPENSES ~o'-"-', 574.23 TOTAL INCOME/EXPENSE 1,817.42 ITEM NO. 21 APPROVAL ~ CITY ATTORNEY (_~-~'-~/ FINANCE OFFICER CITY MANAGER~ TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council David F. Dixon May 28, 1991 Temecula Tourism and Visitors' Center RECOMMENDATION: It is recommended that City Council direct staff to review the feasibility of funding a Tourism and Visitors' Center and report back to Council with their findings. STAFF REPORT: The attached letter and petition with more than 300 names was received by staff on May 17th with a request that it be placed on the May 28th Agenda for consideration. The "Committee for Tourism Center" is requesting that a portion of City funds be used toward a Tourism and Visitors' Center. The Committee is proposing that the Center be strategically located in Old Town with the Temecula Museum. The Center would serve approximately 1,000 museum visitors per month as well as special event and Old Town tourists. The Center's goal is to promote tourism thereby assisting our local businesses and increasing the City's tax base. As there wasn't sufficient time to conduct an in-depth study of the merits of this venture before placing it on the Agenda, it is recommended that Council direct staff to research the matter and report back with their findings. FINANCIAL IMPACT: Unknown at this time. Temecula Town &ssociation Hay 14. 1991 Dave Dixon. City Manager Ci. ty of Temecu.[a P.O. Box 3000 'l'~mec~la, CA 92390 Ro: Visitor Informat ion (?enter Dave: prosent Facility by tho first of November, and members of the ml~so~inl Boat'~l )tax'o 1ooke~l at soveval available locations it~ St~'ool whjr'l~ I~a~: t~e~n ,.omplolel. y r-efttrl~ished i~si(te and ot~t. .qJlo,iJd t Ire IItlIS~1111 ell(J lip oc(?lll_)y[rtg l. Jle former' SeaFs sLore, [L ~otl]d provide an excellent opportlinity Lo include a Visitor's fa('i I ities. 'l'ho TTA Boat'(] ,l['ges the City l.o consider some sort of .joint ~ent. t~r'e with th~ museum which would satisfy both needs. S incLet'ely, WiJ 1 iam A. tlarker t't': T'F,\ Board of Di~'ec'!or's M~lseum Boar',! P.O. Box 435 Temecula, CA 92390 (714) 6.6-4., 18 Temecula Community Center 28816 Pui~)l Street Temecula, CA 92390 ~]ay 17, 1991 City Of Temecula 43172 Business Park Drive Temecula, Ca. 92390 Subject: Petition for a Tourism & Vistors Center in Old Town Te~.~ecula Attention: David Dixon, City Manager Dear Mr. Dixon, Enclosed please find petition for a Visitor and Tourism Center to be located in Old Town Temecula. These signatures were collected by one person over a five hour period on Western Days that was held in Old Town on April 27th and 28th. We allowed people noL only from Temecula but other areas to sign this petition to demonstrate the cross section of people coming here. It was exciting to note the amount of tourist coming from nearby communities, other states and as far away as Salem, Oregon and Japan to visit Old Town, the Wineries, and enjoy our special events in the beautiful Temecula Valley. These special places and events are drawing thou- sands of people to our city each year. This by far is a great way to introduce people to the area. Many will move here and many will return to visit. ?he end result will be to increase our population commerce and add to our tax base. I would like to suggest that the City link the Muesum and Tourism and the Vistors Center together and locate them in Old Town. This would be a "Natural" in that the Muesum is averaging 1,000 visitors per month. It appears that the City will have a $786,851 .00 budget ,surplus of be used to fund th'.~ [~rcject. I am requesting %hat [his item be put on the May 28th agenda as a rider or in conjunction with the fund in~ of the Muesum. It is a stasticial fact that for every one dollar spent on touriBm, seven are spent in return. Sincerly, Mike & Rose Thesing, Bob & Bea Taylor Committee For Tourism Center April 8, 1991 City Of Temecula 43172 Business Park Drive Temecula, Ca. 92390 SUBJECT: Petition for a Tourism & Vistors Center in Old Town Temecula The signatures below petition the City Of Temecula to study and raise funds for a Tourism and Vistor's Center to be located in Old Town Temecula in an expedient and timely manner. Th~ function of this Center will be to promote Tour- ism and guidance to Old Town, Vineyards, Golf Courses, Hotels, Motels, Resturants and all special events. ENDORSEMENTS BY: OLD TOWN MERCHANTS ASSOCIATION P.O. Box 1981 Temecula, Ca. 92390 SIGNATURE TEMECULA VALLEY VINTNERS ASSOCIATION P.O. Box 1601 Temecula, Ca. 92390 CHAMBER OF COMMERCE TEMECULA VALLEY 40945 County Center Drive Temecula, Ca. 92390 (Page 2) TEMECULA TOWN ASSOCIATION 27475 Commerce Center Drive Temecula, Ca. 92390 SIGNATUR~ SIGNATURE ADDRESS SIGNATURE ADDRESS SIGNATURE ADDRESS SIGNATURE ADDRESS i¥''t SIGNATURE / ADDRESS C-'c_ SIGNATURE ADDRESS SIGNATURE ADDRESS SIGNATURE ADDRESS SIGNATURE ADDRESS ,/ SIGNATURE ADDRESS SIGNATURE ADDRESS SIGNATURE ADDRESS SIGNATURE ADDRESS ITEM NO. 22 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council City Manager May 28, 1991 Main Street Revitalization Committee (Continued from the meeting of May 14, 1991) PREPARED BY: June Greek, City Clerk RECOMMENDATION: Consider formation of a Main Street Revitalization Committee. BACKGROUND: At the City Council meeting of May 7, 1991, Mayor Pro Tem Birdsall requested that this matter be placed on the agenda for your consideration. Her suggestions for Council consideration were to: 1. Appoint a committee consisting of one member from each of the following organizations: JSG The Temecula Valley Chamber of Commerce The Temecula Museum Foundation The Temecula Town Association The Old Town Merchants Association The Old Town Architectural Overlay Committee Appoint a committee. member of the City Council to serve as liaison to this TEMECULA COMMUNITY SERVICES DISTRICT AGENDA ITEM NO. 1 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT HELD MAY 7, 1991 A regular meeting of the Temecula Community Services District was called to order at 8:20 PM. PRESENT: 5 DIRECTORS: Birdsall, Lindemans, Moore, Parks, Mu~oz ABSENT: 0 DIRECTORS: None Also present were City Manager David F. Dixon, City Attorney Scott F. Field and June S. Greek, City Clerk. PUBLIC COMMENTS None given. CSD BUSINESS 1. Consideration of Proposed TCSD Capital Improvement Budget for FY 91-92 City Manager Dixon introduced the staff report and gave an overview of the proposed TCSD Capital Improvement Budget for FY 91-92. He stated there are several options for the Board to consider. Director Birdsall asked if the estimated assessments for plans A, B and C include the current assessments. Mr. Dixon indicated that it does include current charges. Tom Langley, 27505 Ynez Road, Suite B, President of the Temecula Community Recreation Center (CRC) Building Foundation, spoke in support of the CRC and asked that the Council support Plan A. Director Parks asked if these bonds will be 20 year bonds. City Manager Dixon answered the bonds would run for 20 years. Joe Schneider, 29951 Camino Del Sol, representing Temecula Boy Scout Troop 301, spoke in favor of supporting a plan which included the CRC. 4\CSDMIN\050791 -1- 05/10/91 CSD Minutes May 7, 1991 Michael Kreissig, 22955 Akwo Circle, Wildomar, representing Hope Lutheran Church, spoke in favor of making a commitment to the youth of the community. Cheri Robertson, P.O. Box 1262, representing the Exchange Club of Rancho Temecula and Parents Against Child Abuse, spoke in favor of the TCSD approving the funding for the CRC. Ginny Rund, 30745 Mira Loma Drive, representing the Temecula Valley Little League, spoke in support of the CRC stating the youth of this community needs more options available for recreation. Michael Medaris, 30601 Moontide Court, spoke regarding the City's past cooperation when constructing the Sports Park improvements and requested that in the future the City continue to be responsive to the needs of the adjacent homeowners. Bob Thompson, 40825 Via Los Altos, representing the Temecula Sunrise Rotary, spoke in favor of the CRC. Martha Guerrero, 45346 Esmerado Court, representing the Business and Professional Women's Organization, spoke in support of the CRC. Pastor Erik Krag, 29917 Via Puesta Del Sol, representing Temecula Evangelical Free Church, spoke in favor of the CRC stating that the youth of the community need a recreational building where activities can be held. Jim Meyler, 29930 Santiago Road, representing the Arts Council of Temecula Valley, spoke in favor of the CRC stating it will provide the first City facility serving the arts in the community. Joan R. Wahlig, President of the Rancho Temecula Area Women's Club, stated he has chosen the CRC as her President's project for this year. She reported that 60% of the earnings from the annual Home Tour will be donated to the CRC building fund. She encouraged the Board to support the CRC. Jim Warren, 42200 Margarita Road, spoke in support of the CRC. Director Lindemans stated he would like the Board to move forward with decisions on this ClP program, and make the decision to fund the CRC at this meeting. 4/Minutes/032691 -2- 05/10/91 CSD Minutes May 7, 1991 Director Parks stated he is in favor of funding the CRC but would like to have this item continued to allow for further study of all the options. Director Moore stated she is in favor of the CRC but would also like to see the community pool included in this plan. She stated she supports the Sports Park parking as well, and recommended continuing this item for further review. Director Birdsall stated she does not have a problem with the dollar figure on Plan A, however she feels it would be more appropriate to put the $2,300,000 into land acquisition, and use Quimby fees for developing the Kingsway property, after the Pala Bridge has been widened. She also emphasized the need for parking at the Sports Park as a priority. Director Birdsall said she wanted to make it very clear to the citizens of Temecula, that this would mean an increase in assessments on their property tax bills of approximately $16/year. Director Lindemans stated he also supports the swimming pool and sports park parking. It was moved by Director Parks, seconded by Director Moore to continue this item to the meeting of May 28, 1991 with direction to staff to proceed with the Capital Improvement Plan development with the understanding that the priorities identified by the Board are to be utilized. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mudoz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None COMMUNITY SERVICES DIRECTOR REPORT None given. CITY ATTORNEY REPORT None given. 4/Minutes/032691 -3- 05/10/91 CSD Minutes DIRECTORS REPORTS None given May 7, 1991 ADJOURNMENT It was moved by Director Parks, seconded by Director Moore to adjourn at 9:03 PM. The motion was unanimously carried. J. Sal Mu~oz, President ATTEST: June S. Greek, City Clerk 4/Minutes/032691 -4- 05/10/91 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT HELD MAY 14, 1991 A regular meeting of the Temecula Community Services District was called to order at 8:07 PM. PRESENT: 4 DIRECTORS: Birdsall, Lindemans, Parks, Mufioz ABSENT: I DIRECTORS: Moore Also present were City Manger David F. Dixon, City Attorney Scott F. Field and June S. Greek, City Clerk. PUBLIC COMMENTS None given. CSD BUSINESS 1. Minutes It was moved by Director Parks, seconded by Director Lindemans to approve the minutes of April 23, 1991, as mailed. The motion was carried by the following vote: AYES: 4 DIRECTORS: NOES: 0 DIRECTORS: ABSENT: I DIRECTORS: Birdsall, Lindemans, Parks, Mufioz None Moore Acceptance of Easement Deeds for Slope Maintenance Shawn Nelson, Director of Community Services, introduced the staff report. It was moved by Director Linderoans, seconded by Director Parks to accept easement deeds for slope maintenance, street lighting, and median services and a grant deed for a file (5) acre undeveloped lot proposed as a future neighborhood park site for the TCSD. 4/Minutes/051491 - 1- 05/21/91 CSD Minutes The motion was carried by the following vote: AYES: 4 DIRECTORS: NOES: 0 DIRECTORS: ABSENT: 1 DIRECTORS: May 14, 1991 Birdsall, Lindemarts, Parks, Mu~oz None Moore Statement of Revenues and Expenditures for the Nine Months Ended March 31, 1991 Shawn Nelson, Director of Community Services, introduced the staff report. It was moved by Director Lindemans, seconded by Director Birdsall to receive and file the report. The motion was carried by the following vote: AYES: 4 DIRECTORS: NOES: 0 DIRECTORS: ABSENT: 1 DIRECTORS: Birdsall, Lindemans, Parks, Mu~oz None Moore ., Temecula Community Services District Capital Improvement Plan - FY 1991-92 Shawn Nelson introduced the staff report, stating this is an interim plan until the Master Plan is developed. Director Parks asked if a swimming pool is still in the plans. Shawn Nelson stated that after further review staff determined other issues still need to be addressed regarding a pool, such as location, size, what grants are available, etc. Director Parks asked if all projects will be completed in the first year. City Manager Dixon responded that these projects cannot be completed within the first year. 4/Minute s/051491 o 2- 05/21/91 CSD Minutes May 14, 1991 Director Parks stated he wanted to make it clear to the public that if approved, this will result in a tax increase of from approximately $33/year to $49.33/year for a single family home. President Mu~oz stated he would like to see an amphitheater and a community pool with a water slide included in these improvements. President Mu~oz called a one minute break to change the tape at 8:27 PM. The meeting was reconvened at 8:28 PM. President Mu~oz stated that the water slide could be revenue generating. He also stated that the development of Kingsway Park would add playing fields and the type of park that is greatly needed in the community. William D. Hillin, 40715 La Colima Road, stated that the Commissioners Cup for the Soccer Association is scheduled to take place in Temecula this year. He stated events of this type generate 7,000 to 8,000 people which is a boost to the local economy. He stressed, however, that adequate ball fields are not available and to successfully recruit events such as this, CIP improvements need to be carefully considered. Tom Langley, representing the CRC, addressed the Board asking that an aggressive position be taken regarding the construction of a Community Recreation Center. It was moved by Director Lindemarts, seconded by Director Birdsall to approve a fixed amount for the 1991-92 Assessment based upon a cap of $50.00 per single family unit and adjusting all of the other land use categories accordingly. The motion was carried by the following vote: AYES: 4 DIRECTORS: Birdsall, Lindemans, Parks, Mu~oz NOES: 0 DIRECTORS: None ABSENT: 1 DIRECTORS: Moore COMMUNITY SERVICES DIRECTOR REPORT None given. 4/Minutes/051491 -3- 05/21/91 CSD Minutes May 14, 1991 CITY ATTORNEY REPORT None given. DIRECTORS REPORTS Director Parks requested that park sites in the north of the City be located to serve the need in that area. ADJOURNMENT It was moved by Director Parks, seconded by Director Birdsall to adjourn at 8:53 PM. The motion was unanimously carried. ATTEST: J. Sal Mu~oz, President June S. Greek, City Clerk 4/Minute8/051491 -4- 05/21/91 ITEM NO. 2 APPROVAL ~ FINANCE OFFICER CITY MANAGER ~,- TO: FROM: DATE: SUBJECT: TEMECUI A COMMUNITY SERVICE DISTRICT AGENDA REPORT City Manager/Board of Directors Mary Jane Henry, Finance Officer May 28, 1991 Resolution 91- __ Authorizing Investment in the Local Agency Investment Fund (LAIF) RECOMMENDATION: That the Board of Directors adopt Resolution 91- allowing the Temecula Community Service District (TCSD) to invest in the Local Agency Investment Fund (LAIF). DISCUSSION: In order to maximize the earnings on funds held in the City Treasury, I believe it would be advantageous for the TCSD to participate in the Local Agency Investment Fund. The Local Agency Investment Fund (LAIF) is a special fund of the California State Treasury. The State Treasurer takes monies deposited in the fund by local governments and invests them in a pooled investment account in order to achieve the highest possible yields for the local governments. The State Treasurer is responsible for the control and safekeeping of all instruments of title for all investments in the Fund. The local governments determine the term of the investments and there is no penalty for early withdrawal. Cash can be withdrawn from the fund with as little as 24 hours notice. During fiscal year 1989/90 the fund paid an average yield of 8.655%. During the quarter ending March 31, 1991, the fund paid an average yield of 7.97%. FISCAL IMPACT: None CSD RESOLUTION NO. 91- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AUTHORIZING INVESTMENT OF CITY MONIES IN THE LOCAL AGENCY INVESTMENT FUND The Board of Directors of the Temecula Community Services District does hereby resolve as follows: WHEREAS, pursuant to Chapter 730 of the statutes of 1976 Section 16429.1 was added to the California Government Code to create a Local Agency Investment Fund in the State Treasury for the deposit of money of a local agency for purposes of investment by the State Treasurer; and WHEREAS, the Board of Directors does hereby find that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government code for the purpose of investment as stated therein as in the best interests of the Temecula Community Services District. NOW, THEREFORE, BE IT RF~OLVED, that the Board of Directors does hereby authorize the deposit and withdrawal of Temecula Community Services District monies in the Local Agency Investment Fund in the State Treasury in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein. Section 1. That the following Temecula Community Services District officers/designees or their successors in office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund. David F. Dixon General Manager Name Title Signature Mark J. Ochenduszko Name Assistant City Manager Title Signature 2/CSDre~oa/001 I Section 2. That the Secretary of the Board shall certify to the passage and adoption of this resolution. PASSED, APPROVED AND ADOPTED this 28th day of May, 1991. ATTEST: J. Sal Mufioz, President [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMECULA ) SS I, June S. Greek, Secretary of the Temecula Community Services District, HEREBY DO CERTIFY that the foregoing Resolution No. 91- was duly adopted at a regular meeting of the Board of Directors of the Temecula Community Services District on the 28th day of May, 1991, by the following roll call vote: AYES: DIRECTORS: NOES: DIRECTORS: ABSENT: DIRECTORS: June S. Greek, Secretary 2/CSDr~aoa/001 2 ITEM NO. 3 ITEM NO. 4 APPROVAL FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT BOARD OF DIRECTORS DAVID F. DIXON, CITY MANAGER MAY 28, 1991 RESOLUTIONS TO INITIATE PROCEEDINGS FOR ESTABLISHMENT OF NEW ZONES, AND REPORT ON RATES AND CHARGES BASED ON TEMECULA COMMUNITY SERVICES DISTRICT BUDGET AND CAPITAL IMPROVEMENT PLAN. PREPARED BY: SHAWN D. NELSON, COMMUNITY SERVICES DIRECTOR RECOMMENDATION: That the Board of Directors: Adopt, on behalf of Temecula Community Services District, the following resolutions: Resolution No. 91-__, of the Board of Directors of the Temecula Community Services District declaring its intention to establish certain zones within its boundaries and setting a time and place for a public hearing in connection therewith. Resolution No. 91-_, of the Board of Directors of the Temecula Community Services District on filing a report on the proposed rates and charges for fiscal year 1991-92 and setting a time and place for a public hearing in connection therewith. FISCAL IMPACT: The adoption of the Resolution(s) will provide the TCSD with financial resources to carry out the programs as previously described. DISCUSSION: In November of 1989, by a vote of the people, the Temecula Community Services District (TCSD) was created. The TCSD, whose boundaries are coterminous with those of the City of Temecula (to which the TCSD is a subsidiary district), is authorized to provide continuous services within the TCSD as provided in Fiscal Year 1990-91. The TCSD Zone-of-Benefit program is a direct continuation of previously existing programs of Fiscal Year 1990-91, with clarification in the methodology of computing and levying charges. There are FIVE (5) Zone-of-Benefit areas within the TCSD. These services include: Community Services/ Parks Operation, maintenance, and capital improvements of public parks and recreation facilities. Zone "A" City-wide arterial street lighting, median maintenance, and traffic signals for parcels in Zone "A". Zone "B" - Interior residential street lighting for parcels in Zone "B". Zone "C" Slope maintenance (soil conservation and drainage control) for parcels in Zone "C". Zone "D" - Recycling and refuse collection for parcels in Zone "D". All TCSD assessments levied include all non-tax-exempt parcels and are based on a benefit to property owners. Please see the report on rates and charges prepared by Muni Financial Services (MFS) for details on the spread of charges for the TCSD. ATTACHMENTS: Report on Rates and Charges Resolution(s) CSD RESOLUTION NO, A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COt. tltUNITY SERVICES DISTRICT ON THE FILING OF A REPORT ON THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 199~-9Z AND SETTING A TIHE AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH WHEREAS, upon incorporation of the City of Temecula (the "City") effective December 1, 1989, voters also approved the formation of the Temecula Community Services District (the "TCSD"), which has the same area and boundaries as the City and whose Board of Directors (the "Board") consists of the members of the City Council of the City; and WHEREAS, the TCSD includes portions of three county service areas which before incorporation provided different levels of service to different areas now within the City; and WHEREAS, the TCSD proposes to continue such rates and charges for park and community services, street lighting, slope maintenance, as well as the inclusion of rates and charges for recycling and refuse program (the "Services and/or Facilities"), less a credit from prior amounts collected, for those areas specifically benefitted there by and charged by the county service areas or the TCSD for such services in prior fiscal years; and WHEREAS, the Board has requested the preparation of a report for Fiscal Year 1991-92 containing the proposed rates and charges, for filing with the Secretary of the TCSD pursuant to the Communtiy Services District Law being Division 3 of Title 6 of the Government Code of the State of California, commencing with Section 61000 (the "Act"); NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT DOES HEREBY, RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Pursuant to Section 61621.2 of the Act, an Engineer's Report for Collection for the Fiscal Year 1991-92 (the "Report") has been presented and filed with the Secretary of the TCSD which contains a description of the proposed Services and/or Facilities to be provided and the proposed rates and charges for such Services and/or Facilities (attached hereto as Exhibit A, entitled "Project Summary") and incorporated herein by reference), and a description of the parcels subject to rates and charges. The Report is based upon a budget adopted by the Board for the proposed Services and/or Facilities for specific areas where such Services and/or Facilities are provided, including necessary staff and administrative expenses. The Report is on file in the City Administraive Offices and reference to said Report is hereby made for all particulars. Section 2. The TCSD proposes to collect such rates and charges at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes of the TCSD, which rates shall be delinquent at the same time and thereafter be subject to the same delinquency penalties as such general taxes. All laws applicable to the levy, collection and enforcement of general taxes of the TCSD, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, are applicable to such rates and charges. However, if for the first year the charge is levied, the real property to which the charge relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes appear on the roll, then the charge, or the delinquency in that charge, assessed pursuant to this section shall not result in a lien against the property, but instead shall be transferred to the unsecured roll for collection. Section 3. NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING ON THIS MATTER WILL BE HELD BY THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ON TUESDAY, JUNE 25, 1991, AT 7:00 P.M., OR AS SOON THEREAFTER AS FEASIBLE IN THE CITY COUNCIL CHAMBER AT THE TEMPORARY COMMUNITY CENTER BUILDING AT 27475 COMMERCE CENTER DRIVE, TEMECULA, CALIFORNIA. The public hearing will review and consider any protests received in writing by the City Clerk's office prior to the scheduled hearing. Public comment by all interested will be heard on the Report. The public hearing may be combined with the hearing by the Board on the redesign and creation of zones within the TCSD. TEM1-RES1 -2- consider any protests and requests for exclusion from any specific zone of benefit received in writing by the City Clerk's office prior to the scheduled hearing. Requests for exclusion shall state the name of the owner of the property affected and the street address or other description of the property sufficient to identify it on the last equalized assessment roll. A request for exclusion may be made on behalf of the owner by an agent authorized in writing by the owner to act as the agent with respect to such property, provided that a request made on behalf of a private corporation which is the owner of property may be made by any officer or employee of the corporation without such written authorization. Public comment by all interested will be heard on the establishment of the zones of benefit. The public hearing may be combined with the hearing by the Board on the Report. Section 5. The Secretary is hereby directed to give notice of the public hearing and the adoption of this Resolution of Intention by publication in a newspaper of general circulation once a week for two successive weeks, and, at the option of the Secretary, by first class mail to each person who owns a parcel which will be subject to such rates and charges as such names and addresses are shown in the last equalized roll or as known to the Secretary. Section 6. The Secretary shall certify to the adoption of this Resolution. of PASSED, APPROVED AND ADOPTED this , 1991. day TEMECULA COMMUNITY SERVICES DISTRICT ATTEST: President Secretary [SEAL] TEM1-RES2 -3- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMECULA ) SS I, , Secretary of the Temecula Community Services District, HEREBY DO CERTIFY that the foregoing CSD Resolution 91-4 was duly adopted at a regular meeting of the Board of Directors of the Temecula Community Services District on the day of , 1991, by the following roll call vote: AYES: DIRECTORS: NOES: DIRECTORS: ABSENT: DIRECTORS: Secretary TEM1-RES2 -4- CSD RESOLUTION NO. ~ RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT DECLARING ITS INTENTION TO ESTABLISH CERTAIN ZONES WITHIN ITS BOUNDARIES AND SETTING ~ TIME AND PLACE FOR ~ PUBLIC HEARING IN CONNECTION THEREWITH WHEREAS, upon incorporation of the City of Temecula (the "City") effective December 1, 1989, voters also approved the formation of the Temecula Community Services District (the "TCSD"), which has the same area and boundaries as the City and whose Board of Directors (the "Board") consists of the members of the City Council of the City; and WHEREAS, the TCSD includes portions of three county service areas which before incorporation provided different levels of service to different areas now within the City; and WHEREAS, the public interest and convenience require the reorganization of the existing zones of benefit within the TCSD by the establishment of five city-wide benefit zones whereby each zone provides a specific service, operation, maintenance and/or program; and WHEREAS, the TCSD proposes to establish separate zones of benefit for park and community services, street lighting, slope maintenance, and recycling and refuse program purposes pursuant to Section 61770 et seq. of the Community Services District Law being Division 3 of Title 6 of the Government Code of the State of California, commencing with Section 61000 (the "Act"); NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT DOES HEREBY, RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Pursuant to Section 61771 of the Act, the Board hereby declares its intention to reorganize the existing zones of benefit of the TCSD by the establishment of the following zones of benefit for the following generally described purposes: Community Services/ Parks Service, operations, maintenance, improvements and administration of the City community park system, recreation facilities, services and programs. Zone A: Zone B: Zone C: Zone D: Service, operations, maintenance, energy improvements and administration for all arterial street lighting, medians and traffic signals. Service, operations, maintenance, energy improvements and administration for all local street lighting within recorded subdivisions. Service, operations, maintenance, energy improvements and administration for all perimeter landscaping and slope maintenance within recorded subdivisions. Recycling program and refuse collection for all detached, single-family residential homes. Section 2. An Engineer's Report for Collection for the Fiscal Year 1991-92 (the "Report") has been presented and filed with the Secretary of the TCSD which contains for each of the five zones of benefit for the Fiscal Year 1991-92: (i) a description of the proposed services and/or facilities to be provided (attached hereto as Exhibit A and incorporated herein by reference); (ii) the proposed rates and charges for such services and/or facilities (attached hereto as Exhibit B and incorporated herein by reference); and (iii) a description of the parcels subject to rates and charges. The Report is on file in the City Administraive Offices and reference to said Report is hereby made for all particulars. Section 3. The proposed boundaries of each zone of benefit shall be concurrent with the existing City boundaries. Only those parcels which receive a benefit from the services and/or facilities provided by a specific zone of benefit shall be assessed the rates and charges of that specific zone of benefit. Section 4. NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING ON THIS MATTER WILL BE HELD BY THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT ON TUESDAY, JUNE 25, 1991, AT 7:00 P.M., OR AS SOON THEREAFTER AS FEASIBLE IN THE CITY COUNCIL CHAMBER AT THE TEMPORARY COMMUNITY CENTER BUILDING AT 27475 COMMERCE CENTER DRIVE, TEMECULA, CALIFORNIA. The public hearing will review and TEM1-RES2 -2- Section 4. The Secretary is hereby directed to give notice of the public hearing and the filing of the Report by publication in a newspaper of general circulation once a week for two successive weeks and by first class mail to each person who owns a parcel which will be subject to such rates and charges as such names and addresses are shown in the last equalized roll or as known to the Secretary. Section 5. The Secretary shall certify to the adoption of this Resolution. of PASSED, APPROVED AND ADOPTED this , 1991. day TEMECULA COMMUNITY SERVICES DISTRICT ATTEST: President Secretary [ SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMECULA ) SS I, , Secretary of the Temecula Community Services District, HEREBY DO CERTIFY that the foregoing CSD Resolution 91-4 was duly adopted at a regular meeting of the Board of Directors of the Temecula Community Services District on the day of , 1991, by the following roll call vote: AYES: DIRECTORS: NOES: DIRECTORS: ABSENT: DIRECTORS: Secretary TEM1-RES1 -3- EXHIBIT A PROJECT SUMMARY TEMECULA COMMUNITY SERVICE~ DISTRICT On March 1~1, 1991, Murll Flnanclal Services was retained by the City of Temecula to prepare the Annual Levy Report for the Temeeula Commljnlty Servloee Dl~trl~ CTC~D) for the Fiscal Year 1991/199Z. Pur~uu~a tu the Community Services Dl$fflCt Law, DM~1oll a Of Title 6 of file Government Code or the State of California, cornmenoing with Section 61000 et seq., the TCSD ha; the power to Iovy and collect special assessments bl order tu uu, y u- I1~ upamtlorm and tO provide the ~rvices ~ facilities furnlshecl by It. The levy and collection of tile special asse~,,~.t~ b a[.'compllshed by the assignment or benefit to each parcel within a ai3ecJfi~. benefit ~nne. A Renofit Zone b a defined area that provides a ~peoifio service, operation and maintenance and/or program to only tlx.k~e parcels contained within that zone. The publlo interest and convenience require tl~e reo~ga,l~utlon of the existing zones of beneft[ within the TCSD by the e~tAhii~hmm~t ni five 011V-wide benefit zone& The TC. SD i~ composed c~ five bonofit zones. The Zones of Benefit and their r, ervice descriptions are a8 follows: Community $er~icee/Perki: Operation and maintenance, and administration of tl~e City uumrnunlty park system. recreation facilities, services and programs. Zone..~; Service, operation. maintenance, ener0y end administration for all ArtArl~l ~trnnt II0hfin0. medians Gnd tmffl~ signals. ;Zone lB: 9orvloo, oporatlon, mainten=not, onorg¥ and administration for ~11 local street lighting within recorded sutxlivlslons. Zone C: Setace, operation, maintenance, and administration lot all perimeter landscaping and slope maintenance within reoordecl subdivision& Zone D: Recycling program and refuca collodion for all detached, slnglo family ro¢ldentlal homes. The Plnan~ial Analysis contained herein contains each Zone Budget concluding with tholr Totals for FIsCal Year 9~/92 year to be as loblows: ZONE BUllET .~/$FR Oommunlty Sewices/Parks: $ 2,092,798 $ 4,V.e0 Zone A $ ~44,78g $ 3.46 Zone B $ 194,051 $ ;)4.14 Zone C $ S17.091 $17D.23 Zo~e O $1.190~ $156.0~ TOTAL TC~D LEVY I=Y 91/92; $ 3,9~4,Z;39 $ 42Z.?:~ ($3E,.23/mo) ThA I_~vy ~nd C~ler:.tlnn Amnllnt.~ fnr All nnn-e~nmpt r~rnnls within the TC~D for the Fiscal Year 1991/1992 are as shown on the Assessment Roll, Exhibit 'B' on file with the City Clerk. MFS PRELIMINARY ANNUAL LEVY REPORT FOR THE TEMECULA COMMUNITY SERVICES DISTRICT FOR THE FISCAL YEAR 1991/1992 MAY, 1991 Provided by: MUNI FINANCIAL SERVICES, INC. 42217 Rio Nedo, Ste A203 Temecula, CA 92390 (714) 699-3990 Fax: (714) 699-3460 1~.~.0 Francisco Street San Francisco, CA 94123 (415) 441-3550 Fax: (415) 441-1401 MFS ANNUAL LEVY REPORT FOR THE TEMECULA COMMUNITY SERVICES DISTRICT FOR THE FISCAL YEAR 1991/1992 BOARD OF DIRECTORS J. SAL MU~IOZ PRESIDENT PEG MOORE VICE PRESIDENT RONALD J. PARKS DIRECTOR PATRICIA BIRDSALL DIRECTOR KAREL LINDEMANS DIRECTOR DAVID F.DIXON GENERAL MANAGER ' SCOTI' FIELD GENERAL COUNSEL SHAWN D. NELSON DIRECTOR OF COMMUNITY SERVICES JUNE S. GREEK SECRETARY TO THE BOARD MFS TABLE OF CONTENTS PROJECT SUMMARY .......................................... 1 INTRODUCTION .............................................. 2 Purpose of Project ......................................... 2 History of Project .......................................... 2 Importance of the Project .................................... 3 Authority and Procedure ..................................... 3 Definition of Terms Used for this Project ......................... 4 PROJECT STRUCTURE ......................................... 9 Zone Definition ........................................... 9 Boundary Definition ........................................ 9 Community Services/Parks .................................. 9 ZONE A - Citywide Arterial Service ............................. 10 ZONE B - Local Street Lighting Service .......................... 10 ZONE C - Perimeter Landscaping/Slope Maintenance ............... 11 ZONE D - SFR Recycling/Refuse Collection ....................... 11 FINANCIAL ANALYSIS .......................................... 13 Budget Definition .......................................... 13 METHOD OF BENEFIT APPORTIONMENT AND ZONE FORMULA ......... 14 FORMULA I - Community Services/Parks and Zone A ............... 14 FORMULA II- Zone B and C .................................. 19 FORMULA III - Zone D ...................................... 20 ASSESSMENT ROLL ........................................... 21 AFFIDAVIT FOR ANNUAL LEVY REPORT ............................ 22 APPENDIX I -Procedural Resolutions .............................. 24 APPENDIX II - Reference Listing .................................. 25 APPENDIX III - Outside Agency/Staff Contact Listing .................. 26 MFS PROJECT SUMMARY TEMECULA COMMUNITY SERVICES DISTRICT On March 13, 1991, Muni Financial Services was retained by the City of Temecula to prepare the Annual Levy Report for the Temecula Community Services District (TCSD) for the Fiscal Year 1991/1992. Pursuant to the Community Services District Law, Division 3 of Title 6 of the Government Code of the State of California, commencing with Section 61000 et seq., the TCSD has the power to levy and collect special assessments in order to carry on its operations and to provide the services and facilities furnished by it. The levy and collection of the special assessments is accomplished by the assignment of benefit to each parcel within a specific benefit zone. A Benefit Zone is a defined area that provides a specific service, operation and maintenance and/or program to only those parcels contained within that zone. The public interest and convenience require the reorganization of the existing zones of benefit within the TCSD by the establishment of five city-wide benefit zones. The TCSD is composed of five benefit zones. The Zones of Benefit and their service descriptions are as follows: Community Services/Parks: Operation and maintenance, improvements and administration of the City community park system, recreation facilities, services and programs. Zone A: Service, operation, maintenance, energy improvements and administration for all Arterial street lighting, medians and traffic signals. Zone B: Service, operation, maintenance, energy improvements and administration for all local street lighting within recorded subdivisions. Zone C: Service, operation, maintenance, improvements and administration for all perimeter landscaping and slope maintenance within recorded subdivisions. Zone D: Recycling program and refuse collection for all detached, single-family residential homes. The Financial Analysis contained herein contains each Zone Budget concluding with their Totals for Fiscal Year 91/92 year to be as follows: ZONE BUDGET $/SFR Community Services/Parks: $ 2,090,640 $ 49.90 Zone A $ 144,769 $ 3.45 Zone B $ 194,051 $ 34.14 Zone C $ 517,091 $179.23 Zone D $1,214,722 $159.12 TOTAL TCSD LEVY FY 91/92: $ 4,161,273 $ 425.64 ($35.49/mo) The Levy and Collection amounts for all non-exempt parcels within the TCSD for the Fiscal Year 1991/1992 are as shown on the Assessment Roll, Exhibit "B" on file with the City Clerk. MFS INTRODUCTION Purpose of Project The City Council and Staff of the City of Temecula finds and declares that it is the policy of responsible government to encourage orderly growth and development which are essential to the social, fiscal and economic well-being of the City. The City Council and Staff recognize that the logical formation and determination of special funding districts is an important factor in promoting orderly development and proper application of benefit to constituents within such a district. The City Council and Staff acknowledge that urban population densities and intensive residential, commercial, and industrial development necessitate a broad spectrum and high level of community services and programs. When areas become urbanized to the extent that they need the full range of community services, priorities are required to be established regarding the type and levels of services that the residents of the City need and desire. Community service priorities are established by weighing the total community service needs against the total financial resources available for securing community services, and those community service priorities are required to reflect local circumstances, conditions and limited financial resources. Therefore, the City Council and Staff finds and declares that the need and priorities of the growing City of Temecula necessitate the continuance of the service and funding abilities provided within the mechanism of a Community Services District. The purpose of the existing Temecula Community Services District (hereinafter referred to as TCSD) is to provide the financial resources necessary for securing and continuing vital community services and augmenting limited financial resources for the growing City of Temecula. History of Project Prior to the incorporation of the City of Temecula, the County of Riverside had formed and maintained County Service Areas 75, 103 and 143. These County Service Areas (CSA) provided necessary services to a rapidly developing area soon to be proposed for city incorporation by a vote of the constituents currently receiving the benefit of the CSA services. 2 MFS The Board of Supervisors of the County of Riverside, on May 2, 1989, approved and ordered to the voters, the confirmation of the City of Temecula and the formation of a Community Services District as a subsidiary district of the City. On the effective date of incorporation, the boundary of the Temecula Community Services District became coterminous with the city limit of the City of Temecula. The effective date of the incorporation of the City of Temecula and the formation of the Temecula Community Services District was December 3, 1989. Importance of the Project The services that are provided by the TCSD have been and will continue to be those services required to serve the needs of a growing community. Though still in the post- incorporation stage with many comprehensive city services yet to be finalized, the City of Temecula is very fortunate to offer its citizens the diverse community services provided by the TCSD. Without the revenue generated by this special district, the following community services could be seriously without funds to function: · Citywide Community Park Services · Citywide Recreation Programs · Citywide Traffic Signal Systems · Citywide Street Lighting Operation and Maintenance ,. Citywide Median Maintenance · Local Street Lighting Systems · Local Perimeter Landscaping ,. Local Slope Protection Furthermore, vital programs to address our environment, such as citywide recycling and refuse collection for the residents within the City, would not receive the necessary consideration for implementation if funding vehicles and cost saving collection programs for such an implementation were not available. Authority and Procedure Community Service Districts are authorized pursuant to the Community Services District Law, Division 3 of Title 6 of the Government Code of the State of California, commencing with Section 61000 et seq. (hereinafter referred to as the CSD Law). The CSD Law has the power to levy and collect special taxes in order to carry on its operations and provide the services and facilities furnished by it. A CSD has the power to prescribe, revise and collect rates and charges. As the public interest and convenience require, the existing zones of benefit within the TCSD may be reorganized. 3 MFS Rates and charges, and any related delinquencies, may be collected on the tax roll in the same manner and time as general taxes provided certain procedures are followed. Each year the governing board of the CSD (the City Council of the City of Temecula presides as the Board of the TCSD) must cause a "Report" to be prepared and filed with its Secretary which contains the description of each parcel of real property within the CSD and its related reorganizations, zone creation, and rates and charges for the upcoming fiscal year. A public hearing addressing the contents of the "Report" is necessary. Notice of the filing of this "Report" and of the hearing must be given in a newspaper of general circulation once a week for two successive weeks and by mail to each person who owns a parcel which will be subject to the CSD rates and charges. The CSD then holds a public hearing in which the Board of the CSD considers all objections or protests or revise any rate and charge subsequent to adopting the "Report" as final. On or before August 10th, the Secretary of the CSD files a copy of the "Report" with the County of Riverside Auditor/Controller with a statement endorsed thereon by the Secretary that the report has been finally adopted by the Board. The Auditor then places the rates and charges on the tax roll; and the rates and charges become a lien against the parcels. The TCSD is updated, implemented and reviewed for collection every year by the above procedure to ensure due process and disclosure of the annual service and funding requirements as they relate to the property receiving benefit from the District. Definition of Terms Used for this Project Unless the provision or context otherwise requires, the definitions contained in this section govern for the clarification of the intent and purpose of the project. Acre(s)/Acreage: The amount of total net area for a lot of record translated as acreage amount (where one acre equals 43560 square feet) as found on the latest Assessor Parcel Maps of the County of Riverside at the time of CSD update. Arterial: Within the Southwest Area Community Plan Circulation Element of the County of Riverside, those streets which are classified to be Arterial Streets and their related appurtenant amenities and facilities. 4 MFS Assessor Parcel Map(s): Assessor Parcel Number: Assessor Parcel Tape: Assessment: Assessment Roll: Assessment Levy: Authority: Benefit: Benefit Zone: Board of Directors: Boundary: Budget: The latest County of Riverside Assessor Parcel Maps as found on file in the office of the County Assessor. The parcel identification number found on the latest assessor parcel map of the County of Riverside. The latest public information tape generated by the County of Riverside Assessor Office which contains information regarding assessor parcels. Pursuant to the formula to assign benefit, the resulting dollar amount to be collected and placed as a lien upon a non- exempt parcel within the TCSD for the benefit received. Official collection listing of all parcels within the boundary of the TCSD which discloses every non-exempt parcel with its' corresponding benefit assessment. Same as Assessment. Community Services District Law, Division 3 of Title 6 of the Government Code of the State of California, commencing with Section 61000 et seq. (hereinafter referred to as the CSD Law). Defined facility, program, service, maintenance, operation and administration provided by the TCSD which is perceived to enhance the desirability and value of a non-exempt parcel if it is received as opposed to the absence of such. Specific area which receives a defined facility, program, service, maintenance, operation or administration as provided by the TCSD. The governing body charged with the duty to oversee and direct the proceedings of the TCSD. The City Council of the City of Temecula presides as the Board for the TCSD. For all benefit zones within the TCSD, their boundaries (benefit areas) are defined to be coterminous with the City Limit of the City of Temecula. The itemization of all costs for facilities, programs, services, maintenance and operation, and administration of the TCSD. 5 MFS City: The City of Temecula. City Clerk: The City Clerk of the City of Temecula. City Council: The City Council of the City of Temecula. City Limit: The incorporated city limits of the City of Temecula as it exists at the time of the TCSD fiscal year update. Citywide: Being applicable to all of the non-exempt parcels within the incorporated city limits of the City of Temecula. Collection: On or before August 10th, the Secretary of the CSD files a copy of the "Report" with the County of Riverside Auditor/Controller with a statement endorsed thereon by the secretary that the report has been finally adopted by the Board. The auditor then places the rates and charges on the tax roll and the rates and charges become a lien against the parcels. Community Service: Program defined and contained within the Budget of the TCSD. County: The County of Riverside, in the State of California County Assessor: The County of Riverside Assessor. County Auditor/Controller: The County of Riverside Auditor/Controller. County Recorder: The County of Riverside County Recorder. Developed Property: Non-exempt parcels which have been assigned per the County of. Riverside property status code, other than a vacant or agricultural land use code, and have been conferred a Certificate of Occupancy. District: The Temecula Community Services District or TCSD. Equivalent Single-Family Dwelling Unit (EDU): Defined benefit related to all single-family residential parcels (1.0 EDU) which is equated to all other land use code designations for assignment of an equitable benefit assessment. 6 MFS Exempt Parcel(s): C21: Cemetery. Fiscal Year: Financial Analysis: Land Use Code(s): Local Street Light(s): Maintenance: Median: Non-Exempt Parcel(s): Notice of Public Hearing: Parcel: All parcels defined by government code and TCSD formula to be contained in the following classifications: - Parcels owned by federal, state, county and city agencies, - Parcels owned by regional municipalities, - Parcels owned by public school districts, - Parcels owned by private property homeowner associations, - Parcels owned by public utility companies, - Parcels assigned the Land Use Code The Fiscal Year 1991-1992. The annual review of all the TCSD Zone Budgets --costs, expenditures, surpluses and delinquencies--for the TCSD in the Fiscal Year 1991-1992. The County of Riverside property coding system used to identify properties and to apply special assessments. Street lights which are located on public, residential streets within residential subdivisions. Within a Zone; The re-occurring attention or activity to a slope, park, median, or related public facility and applying the receipts from the special collection for the continued maintenance within the specific Zone. Delineated divider areas within the Arterial street system. Those parcels within the TCSD which are not classified as Exempt Parcels. Official mailing to each non-exempt parcel property owner, as of the latest equalized assessor roll of the County of Riverside at the time of the mailing, which discloses the time and place of the TCSD Public Hearing as set by the Board. The Assessor Parcel as found on the latest County of Riverside Assessor Parcel Map(s). 7 MFS Property Owner(s): Landowner, assessor parcel owner as of the latest equalized assessor roll of the County of Riverside at the time of the TCSD update. Recycling Program: State of the art program for the reclamation of useable materials collection of which will be newly established this year by the TCSD. Refuse Collection: Within the TCSD, refuse collection service provided only to detached, single-family residences. Resolutions: The official procedural documents for the update, implementation and collection of the TCSD for the Fiscal Year 1991 - 1992. Service: Within a Zone; the furnishing of a specific service which is specifically authorized to be provided, and apply the receipts from the special collection within that Zone to the continuance of that specific service. Single-Family Detached Residential Parcel: An assessor parcel that The County of Riverside assigns the Land Use Code designation R01. Vacant 'Property: An assessor parcel that The County of Riverside assigns the Land Use Code designation "Y" after the primary classification code. Weighing Factor: That factor contained within the Method of Benefit Assignment formula which equates 1.0 EDU per parcel to all land use codes appearing within the data base for the TCSD. Zone: Benefit Area. 8 MFS PROJECT STRUCTURE Zone Definition Pursuant to CSD Law, Zones may be established within a district for levying special taxes to provide the construction, maintenance and operation of improvements or the furnishing of services where in the judgment of the Board, the improvements or services will not be of district wide benefit. The Temecula Community Services District has established zones of distinct benefit. Each of the separate TCSD zones provide a specific benefit and are defined to provide this benefit to certain non-exempt parcels. Boundary Definition The boundary for each of the separate TCSD zones is defined to be coterminous with the City Limit of the City of Temecula as it existed when the Fiscal Year 1991-1992 update was made. The following are the Zones of Benefit for the Temecula Community Services District: Community Services/Parks This Zone will provide the operation and maintenance of the entire City community park system, recreation facilities, services and programs. List of City Parks: 1. Sports Park, Corner of Margarita/Rancho Vista 2. Sam Hicks Monument Park, Corner of Mercedes/Moreno 3. Veterans Park, Corner of La Serena/General Kearney 4. Park Site, Corner of Avenida De La Reina/Corte Talvera 5. Park Site, Corner of Avenida De La Reina/Corte Aragon Description: The Temecula Community Services District (TCSD) is responsible for providing three functions: (a) recreation services, (b) park planning and development, and (c) landscape services. The TCSD is governed by the Board of Directors (City Council), who set the programs, services and capital development to be provided to the Citizens of Temecula. 9 X?IFS Goals: Key Objectives: Community Services/Parks will expand recreation opportunities through the acquisition, improvement and development of new park facilities, and the rehabilitation of existing facilities. Recruit, hire, and train recreation personnel that will provide a wide variety of recreational opportunities and pursuits. Develop a comprehensive financing package to include the acquisition of park land and the development of recreation facilities. ZONE A - Citywide Arterial Service This Zone will provide servicing, operation, maintenance, energy and administration for all Arterial street lighting, medians and traffic signals. For Zone A Levy, refer to Table "A". THIS ZONE CONSISTS OF ALL ARTERIAL STREETS WITHIN THE CITY AS DEFINED BY (SWAP) FOR THE CITY OF TEMECULA. ZONE B - Local Street Lighting Service This Zone will provide servicing, operation, maintenance, energy and administration for all local street lighting. FOR THE FISCAL YEAR 1991/1992, THE TOTAL NUMBER OF RESIDENTIAL PARCELS INCLUDED WITHIN THIS ZONE IS 5,684. 10 MFS # of Book/Page Parcels 911 - 20 73 911 - 21 97 911 - 25 30 911 - 26 97 911 - 29 89 911 - 33 63 911 - 47 62 911 - 48 30 911 - 49 64 911 - 50 68 911 - 51 97 911 - 59 87 914 - 26 1 914 - 58 29 914 - 59 71 914 - 61 67 914 - 62 48 914 - 63 67 914 - 64 43 914 - 66 44 914 - 67 65 914 - 68 57 918 - 29 97 918 - 30 93 918 - 31 83 918 - 32 84 918 - 33 72 918 - 34 33 918 - 35 33 919 - 36 37 919 - 37 48 919 - 38 91 919 - 39 28 919 - 40 1 919 - 41 1 919 - 42 40 921 - 09 1 921 - 37 1 921 - 38 52 921 - 39 29 921 - 41 46 921 - 42 44 # of Book/Paqe Parcels 921 - 43 61 921 - 44 22 921 - 45 85 921 - 46 40 921 - 47 45 921 - 49 99 921 - 50 94 921 - 51 48 921 - 52 62 921 - 53 36 921 - 54 49 921 - 55 52 921 - 56 43 921 - 57 45 921 - 58 41 921 - 59 43 921 - 60 58 921 - 61 72 921 - 62 39 921 - 63 26 921 - 64 32 921 - 65 23 921 - 66 52 921 - 67 16 921 - 69 1 922 - 02 13 922 - 04 2 922 - 22 2 922 - 27 69 922 - 28 86 922 - 29 75 922 - 31 79 922 - 32 68 922 - 33 60 922 - 34 97 922 - 35 32 944 - 03 72 944 - 04 24 944 - 05 29 944 - 23 43 944 - 24 42 944 - 25 40 # of Book/Page Parcels 944 - 26 35 944 - 27 35 944 - 28 29 944 - 30 38 944 - 32 15 945 - 04 21 945 - 19 17 945 - 20 12 945 - 21 47 945 - 22 36 945 - 23 41 945 - 24 31 945 - 25 1 945 - 26 21 945 - 27 69 946 - 11 72 946 - 12 58 946 - 13 29 946 - 15 42 946 - 16 43 946 - 22 62 946 - 23 67 946 - 24 32 946 - 25 47 946 - 26 42 946 - 27 44 946 - 28 40 946 - 29 47 946 - 30 29 946 - 31 23 946 - 32 17 946 - 33 21 946 - 34 49 946 - 35 28 946 - 36 32 946 - 37 31 946 - 40 28 946 - 41 39 946 - 42 29 946 - 43 4 946 - 44 1 Total Parcels: 5684 MFS ZONE C - Perimeter Landscaping/Slope Maintenance This Zone will provide for the servicing, operation, maintenance and administration for all perimeter landscaping and slope maintenance within recorded subdivisions. TRACT NOS. 18518 20130 2O643 2O644 2O735 2O879 2O881 2O882 2134O 21561 21672 21673 21674 21675 21764 222O3 22208 22593 23128 TOTAL NUMBER OF TRACTS = 40 TOTAL NUMBER OF PARCELS = 2885 ZONE D - SFR Recycling/Refuse Collection This Zone will provide for a Recycling Program and Refuse Collection for all detached, single-family residential homes. FOR THE FISCAL YEAR 1991/1992, THERE WILL BE 7,634 DETACHED SINGLE- FAMILY RESIDENCES WITHIN THIS ZONE. 11 MFS Exempt Parcels ALL EXEMPT PARCELS ARE DESIGNATED WITHIN THE ASSESSMENT ROLL AS: LAND USE CODE "999" THIS DESIGNATION HAS BEEN ASSIGNED BY THE ENGINEER OF WORK DUE TO THE FACT THAT THE COUNTY OF RIVERSIDE DOES NOT RECOGNIZE OR DIFFERENTIATE THE EXEMPT STATUS OF A SPECIFIC PARCEL IN CONSIDERATION OF THE VARIOUS SPECIAL DISTRICTS ONGOING IN THE COUNTY. FOR THE FISCAL YEAR 1991/1992, THERE ARE 297 EXEMPT PARCELS. 12 MFS FINANCIAL ANALYSIS Budget Definition Each year the governing Board of the CSD (the City Council of the City of Temecula presides as the Board of the TCSD) must cause a "Report" to be prepared and filed with its secretary which contains the description of each parcel of real property within the CSD and its related rates and charges for the upcoming fiscal year. The Financial Analysis section of the "Report" itemizes the budgets for each of the Zones. Within each of the following Zone budgets will be the specific costs, fees, expenditures, surpluses, deficits, delinquencies and appropriate City administration judged by the Board of Directors for the TCSD to be applicable within the Fiscal Collection Year 1991- 1992. The Zone Budget Total, found at the end of each budget, is that dollar amount to be apportioned to each of the non-exempt benefitting parcels within that particular Zone. All budget information contained in the following Zone Budgets were provided by the City of Temecula by request of the Board of Directors for the TCSD. All amounts listed are in 1991 dollars free of inflationary factors. Any questions regarding the content or dollar amounts within the Budgets should be directed to the Finance Department of the City of Temecula. 13 MFS TENECULA CONNU#1TY SERVICES DISTRICT City of TemecuLa Operating Budget Oel~rtment ~J~m~ry - C~it~ Seineices for the Year Ending Jtme 30, 1992 Community Services Zone A Zone B Zone C 190 191 192 193 Totat PERSONNEL SERVICES Number of Stafff ACCOUNT NO. 00.00 0.45 0.55 0.00 16.00 Salaries & wages 5100 Deferred Coo~ensation 5101 Retirement 5102 State Une~Dtoyment 5103 FICA -E~loyer $1.5% 5104 Auto Allowance 5106 Life Insurance 5108 Disability Insurance 5110 Workman's Cc~np 5112 Health Insurance 5113 Dental Insurance 5114 Medical Rein~ursement 5115 Vision Insurance 5116 Child Care Rei~Jrse. 5117 Te~oorary Help 5118 XXXXXXXX 5120 Life & Accident Ins. 5190 Benefits 6.33% Project Employment $000,000 0,000 000,000 00,000 000,000 $7,263 $8,960 $00,000 109 134 000 2,397 2,957 00,000 9,769 12,051 00,000 $436,442 6,567 -0~ -0o 144,026 57,500 644,514 OPERATIONS AND MAINTENANCE Telephone Service 5200 Repair & Maintenance 5212 Repair & Maint. - Vehicles 5214 Office Supplies 5220 Printing 5222 Legal Docs/Maps 5224 Dues & Me~foerships 5226 Publications 5228 Postage & Packing 5230 Rent - Ofc Mtg Hall 5234 Rent - Equipment 5238 Utilities 5240 Sm~l[ Tools/Equip. 5242 Uniforms 5243 Signs 5244 Legal Services 5246 Consulting Services 5248 Other Outside Serv. 5250 Advertising 5254 Public Notices 5256 Conference Education 5258 Heelings in Town 5260 Mileage 5262 Fuel Expense 5263 Blueprints 5268 0,000 00,000 0,000 0,000 00,000 0,000 0,000 0,000 0,000 0,000 O0 000 O0 000 O0 000 0 000 0 000 O0 000 O0 000 000 000 0 000 0 000 0 000 0,000 0,000 0,000 13a 000,000 2 10 190 12 2 3 10 30 140 5 1 4,000 60,000 7500 6 500 35 000 5 000 1 500 2 000 6 000 000 000 000 000 000 000 000 000 000 000 000 8 000 2,000 3,000 1,000 MFS Cam~AJn i ty Servi ces 190 Zooe A 191 Zone 192 Zone C 193 TotBL PERSONNEL SERVICES ACCOUNT NO. Recreation SuppLies 5300 00,000 Entry Fees 5306 Programs Leaders 5310 Street Lighting 5500 Landscape Maintenance 5510 Drainage Maintenance Assessment Eng. 5525 00,000 Initial CSD Eng. 5530 -O- City Admin. Charges 5540 000,000 Refuse Credit $000,000 105,000 30,000 $135,000 182,000 $182,000 -0- 000,000 $000,000 15,000 287,000 472,000 10,000 250,000 $1,580,500 OFFICE OUTLAY Office Furnishings 5600 -O- Office Equipment 5602 0,000 Computer Hardware 5604 00,000 Computer Peripherals 5605 Computer Software 5606 Vehicles 5608 00,000 Equip~nt 5610 00,000 Land 5700 CIP - Design 5802 00,000 CIP - General Cont. 5804 000,000 000,000 -0- -0- -0- -0- 5,000 10,000 15,000 34,000 25,000 225,000 314,000 $2,090,640 S144,769 S194f051 S517f091 *** + ZONE D (FUND 19 ) FOR FISCAL YEAR 1991/1991 = $ 1,214,722 (INDIVIDUAL LINE EXPENDITURES WERE NOT AVAILABLE AT TIME OF THIS REPORT) jn147.bud S3,954,239'** 13b METHOD OF BENEFIT APPORTIONMENT AND ZONE FORMULA The Zone Budget Totals are the amounts to be apportioned to all non-exempt parcels within the respective Zone. This amount is apportioned by a method and formula which fairly distributes the Zone Budget Total among all non-exempt parcels in proportion to the estimated benefits to be received by each of the non-exempt parcels from the hereinbefore defined services, programs, etc. provided within the respective zone. For the Fiscal Year 1991-1992, there will be three basic formulas for the apportionment of the Zone Budget Totals. The formula usage by zone is as follows: FORMULA I - Community Sen/ices/Parks and Zone A Both of the above Zones will assess all non-exempt parcels within their boundary. Therefore, being a citywide levy, all land use codes occurring within the above Zones are equated by use of a weighing factor. The formula used to calculate the amount of spread to all parcels starts with the basic Equivalent Dwelling Unit (EDU). The EDU is given a value of one (1.0) for a single-family (Land Use Code RO1) parcel. From this base, all other occurring non-exempt parcels have been equated to the single-family residence using weighing factors to distinguish the different levels of benefit. A minimum assignment of 1.0 EDU per parcel is assigned where the EDU's are computed based on parcel acreage. A = Zone Budget Total B = Total Single-Family Dwelling Units (SF) C = Number of Multi-Family Dwelling Units (MF) Dn = Acres of vacant Residential (Greater than one acre), Non-residential Agricultural, Commercial and Industrial (Improved) and Vacant Commercial, Industrial, and Other (AC) E = Weighing Factor for Multi-Family Residential Parcels = 0.75 F1 = Weighing Factor for Vacant Residential (YR) (Greater than one acre) = 2.00 14 MFS = Weighing Factor for Vacant Residential (YR) (Less than one acre) G = Weighing Factor for Agricultural H = Weighing Factor for Commercial and Industrial (Developed) = Weighing Factor for Vacant Commercial, Industrial and Other J -- Total Equivalent Single-Family Dwelling Units K = Assessment per Single-Family L = Assessment per Multi-Family = Assessment per Vacant Residential Parcel (YR) (Greater than one acre) M2 -- Assessment per Vacant Residential Parcel (YR) (Less than one acre) N = Assessment per Agricultural Acreage O = Assessment per Commercial and Industrial (Improved) Acreage P -- Assessment per Vacant Commercial, Industrial and Other Acreage = 0.50 = 0.5O = 6.00 = 4.00 15 MFS FORMULA J K L M1 M2 N O P =B+ =A/J =KxE = KxF1 -- KxF2 =KxG --KxH =Kxl (CxE) + (DnxF) + (DnxG) + (DnxH) + (Dnxl) 16 MFS FORMULA ED(AMPLE - (COMMUNITY SERVICES/PARKS AND ZONE A) GIVEN: A B C D (Vacant Residential) D (Agricultural) D (Commercial, Industrial Improved) D (Vacant Commercial, Industrial, other) = $1,500,000 = 7,OOO = 3,000 = 2,300 = 1,200 = 1,000 = 5,000 THEN: K L M1 M2 N O P : 7000 + (3000 x 0.75) + (2300 x 0.5) + (1200 x 0.5) + (1000 x 6.0) + (5000 x 4.0) = 37,000 EDU = $1,500,000/37,000 = $ 40.54 x 0.75 : $ 40.54 x 0.5 = $ 40.54 x 2.0 = $ 37.08 x 6.0 = $ 37.08 x 6.0 = $ 37.08 x 4.0 = $ 40.54 per SF = $ 30.41 per MF -- $ 81.08 per AC = $ 20.27 per Parcel = $18.54 per AC = $222.48 per AC = $148.32 per AC 17 ' IFS FOR THE FISCAL YEAR 1991/1992, the assessments for non-exempt parcels within the Community Services/Parks as follows: FORMULA Agriculture $ 24.95 per Acre Commercial (developed) $ 299.40 per Acre Commercial (vacant) $199.60 per Acre Single-Family Residential (developed) $ 49.90 per SFR Single-Family Residential (Vacant > 1 Acre) $ 99.80 per Acre Single-Family Residential (Vacant < 1 Acre) $ 24.95 per SFR Multi-Family Residential $ 37.43 per Unit Mobilehome $ 37.43 per Parcel Vacant $199.60 per Acre FOR THE FISCAL YEAR 1991/1992, the assessments for non-exempt parcels within Zone "A" is as follows: FORMULA Agriculture $ 1.73 per Acre Commercial (developed) $ 20.76 per Acre Commercial (vacant) $ 13.84 per Acre Single-Family Residential (developed) $ 3.46 per SFR Single-Family Residential (Vacant > 1 Acre) $ 6.92 per Acre Single-Family Residential (vacant < 1 Acre) $ 1.73 per SFR Multi-Family Residential $ 2.60 per Unit Mobilehome $ 2.60 per Parcel Vacant $ 13.84 per Acre 18 MFS FORMULA II- Zone B and C Neither Zone B or Zone C are citywide levy zones. Zone B and Zone C do not apportion their respective Zone Budget Totals upon all Single-Family Residential parcels. Zone B and Zone C have separate, non-exempt parcel data bases comprised of only those Single-Family parcels which are part of a recorded subdivision which has, as required by conditions governing the subdivision development, installed facilities to provide certain hereinbefore defined amenities and services. For these two zones, the data base will consist of only Single-Family Residential parcels with a Land Use Code of RO1 and, of those parcels, only those contained within specific recorded subdivisions. There will not be a need to equate to other land use codes for these two zones due to the direct nature of the benefit received. Therefore, the formula for apportionment within Zone B and Zone C is defined to be as follows: ZONE BUDGET TOTAL / TOTAL SFR PARCELS = Formula Example GIVEN: Zone Budget Total = $ 80,000 -- 8,000 Total SFR Parcels THEN: $ 80,000 / 8,000 $ PER SFR PARCEL $ 10.00 PER SFR PARCEL FOR THE FISCAL YEAR 1991/1992, THE LEVY FOR A SINGLE-FAMILY (R01) PARCEL AS IT APPLIES TO THE ABOVE ZONE FORMULA IS AS FOLLOWS: ZONE "B" = $ 34.14 ZONE "C" = $179.24 19 MFS FORMULA III- Zone D Zone D services will be provided only to detached Single-Family Residential parcels. These parcels are identified by the County of Riverside Land Use Code RO1. For purposes of this Zone only, the use of detached is intended to exclude all other single-family residential classifications such as condominiums, townhomes, patio homes which could share a common wall and where the refuse collection process resembles that provided to an apartment complex. The intent of Zone D is to levy a yearly recycling/refuse collection fee which is easy to execute and administer for single-family residents. Other residential classifications tend to require group refuse bins with various collection options which would dictate a complicated administration. With the uncomplicated service of one pick-up per detached single-family resident, it is possible to calculate an annual fee. The ease of using the TCSD as the fee collection vehicle results in a decrease in the service fee received by the property owner due to the corresponding decrease of many administrative activities inherent with the old fee collection process. FOR THE FISCAL YEAR 1991/1992, the fee for all detached Single-Family Residential parcels within Zone D is defined to be as follows: $ 13.26 PER DETACHED SINGLE-FAMILY PER MONTH PER PARCEL. 2O MFS ASSESSMENT ROLL The individual Fiscal Year 1991/1992 assessments, tabulated by Assessor Parcel Number, as assigned by the County of Riverside Assessor's Office, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Temecula and are also contained within this Annual Levy Report by reference to Exhibit" B" 21 MFS AFFIDAVIT FOR ANNUAL LEVY REPORT TEMECULA COMMUNITY SERVICES DISTRICT FOR THE CITY OF TEMECULA The undersigned respectively submits the enclosed Annual Levy Report and Assessment Roll herein referenced as Exhibit" B ", as directed by the City Council. Dated: By: David R. Keltner, P.E. Engineer of Work I HEREBY CERTIFY that the enclosed "Report", together with the Assessment Roll thereto attached, was filed with me on the ,,24~ day of c~.1 ,1991. Secretary to the Board Temecula Community Services Districts Temecula, California BY: June S. Greek Secretary to the Board 22 XlFS I HEREBY CERTIFY that the enclosed "Report", together with the Assessment Roll thereto attached, was approved for levy by the Board of the TCSD, Temecula, California, on the day of ,1991. Secretary to the Board Temecula Community Services Districts Temecula, California BY: June S. Greek Secretary to the Board I HEREBY CERTIFY that the enclosed "Report", together with the Assessment Roll thereto attached, was filed with the County Auditor/Controller of the County of Riverside on the day of ,1991. BY: Secretary to the Board Temecula Community Services Districts Temecula, California June S. Greek Secretary to the Board 23 MFS APPENDIX I-Procedural Resolutions PROCEDURAL RESOLUTIONS ~HIS SECTION WILL BE COMPLETED AS THE VARIOUS RESOLUTIONS ARE ADOPTED BY THE BOARD OF DIRECTORS) 24 MFS APPENDIX II - Reference Listing REFERENCE LISTING ('I'HIS SECTION WILL CONTAIN REFERENCES TO OTHER PERTINENT TCSD DOCUMENTS) 25 X?IFS TEMECULA COMMUNITY SERVICES DISTRICT Community Services/Parks Levy Summerization Land Use Parcels Acreage Levy Amount 999 A01 A02 A10 A12 A14 A19 A60 C01 C02 C04 C05 C06 C07 C08 C09 C10 Cll C12 C13 C14 C17 C18 C19 C20 C22 C23 C24 C27 M01 M02 M03 M04 R01 R02 R03 R04 R05 R07 S00 TOO Y01 Y04 297 2.51% 1,462.06 9.67% 0.00 0.00% 7 0.06% 484.17 3.20% 12,080.29 0.56% 1 0.01% 9.61 0.06% 240.02 0.01% 1 0.01% 4.92 0.03% 122.75 0.01% 5 0.04% 46.57 0.31% 1,162.67 0.06% 1 0.01% 2.50 0.02% 62.38 0.00% 6 0.05% 109.95 0.73% 2,744.50 0.13% 1 0.01% 83.29 0.55% 2,078.34 0.10% 147 1.24% 341.68 2.26% 102,044.50 4.88% 29 0.24% 49.94 0.33% 14,952.04 0.71% 8 0.07% 44.79 0.30% 13,410.13 0.64% 56 0.47% 111.31 0.74% 33,326.21 1.59% 9 0.08% 27.73 0.18% 8,302.36 0.40% 32 0.27% 54.23 0.36% 16,236.46 0.78% 127 1.07% 234.37 1.55% 70,170.38 3.35% 2 0.02% 50.63 0.34% 15,158.62 0.72% 1 0.01% 0.76 0.01% 227.54 0.01% 18 0.15% 13.13 0.09% 3,931.12 0.19% 5 0.04% 6.00 0.04% 1,796.40 0.09% 2 0.02% 39.68 0.26% 11,880.19 0.57% 12 0.10% 104.85 0.69% 31,392.09 1.50% 2 0.02% 145.40 0.96% 43,532.76 2.08% 3 0.03% 4.36 0.03% 1,305.38 0.06% 1 0.01% 2.13 0.01% 637.72 0.03% 1 0.01% 2.21 0.02% 661.67 0.03% 47 0.40% 108.62 0.72% 32,520.83 1.55% 9 0.08% 55.22 0.37% 16,532.87 0.79% 353 2.98% 2,392.52 15.83% 477,546.99 22.82% 2 0.02% 7.07 0.05% 2,116.76 0.10% 29 0.24% 136.99 0.91% 1,085.32 0.05% 11 0.09% 28.54 0.19% 411.68 0.02% 26 0.22% I19.65 0.79% 973.05 0.05% 42 0.35% 1,631.28 10.79% 1,571.85 0.08% 7628 64.44% 1,788.28 11.83% 380,637.20 18.19% 173 1.46% 10.49 0.07% 6,474.53 0.31% 6 0.05% 11.12 0.07% 299.40 0.01% 45 0.38% 85.24 0.56% 49,571.16 2.37% 10 0.08% 101.77 0.67% 58,906.95 2.81% 2567 21.68% 4,249.79 28.11% 473,390.32 22.62% 5 0.04% 104.09 0.69% 31,164.55 1.49% 1 0.01% 1.19 0.01% 356.29 0.02% 7 0.06% 136.12 0.90% 27,169.55 1.30% 103 0.87% 713.70 4.72% 142,454.52 6.81% 11,838 100.00% 15,117.95 100.00% 2,090,640.34 100.00% APPROVAL ~ ~ FINANCE OFFICER ~~- CITY MANAGER -~~ F' TO: FROM: DATE: SUBJECT: TEMECULA COMMUNITY SERVICE DISTRICT AGENDA REPORT City Manager/Board of Directors Mary Jane Henry, Finance Officer May 28, 1991 Award of Vehicle Bids RECOMMENDATION: That the Board of Directors award the bids for purchase of three (3) vehicles for use by the Temecula Community Services District (TCSD). DISCUSSION: In accordance with the City's purchasing ordinance, we advertised for bids on three (3) vehicles. The vehicles and recommended lowest responsible bids received are as follows: 1. 3/4 Ton Flat/Stake Bed Truck Toyota of Temecula $15,062.45 2. Regular Cab Truck Toyota of Temecula 11,81 7.67 3. 4 Wheel Drive Extended Cab Truck Schumacher Auto 15,323.17 Total $42,203.29 The recommended vendors are located in Temecula. FISCAL IMPACT: Unencumbered funds exist in the FY 1991-92 TCSD operating budget for the recommended acquisition. TEMECULA REDEVELOPMENT AGENCY AGENDA ITEM NO. 1 APPROVAL CITY ATTORNEY CITY MANAGER TO: FROM: DA T£: SUBJECT: CITY OF TEMECULA AGENDA REPORT Members of Redevelopment Agency Executive Director May 28, 1991 Election of RDA Chairperson PREPARED BY: June S. Greek, City Clerk RECOMMENDATION: calendar year 1991. Conduct election of Chairperson to preside until the end of BACKGROUND: The City's Ordinance No. 91-14, which activates the Redevelopment Agency and designates the City Council as the Agency does not provide for the term of office of the Chairperson and Vice Chairperson. The staff therefore recommends that the terms of office be concurrent with that of the Mayor and the President of the Temecula Community Services District. JSG ITEM NO. 2 CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Members of Redevelopment Agency Executive Director May 28, 1991 Election of RDA Vice Chairperson PREPARED BY: June S. Greek, City Clerk RECOMMENDATION: of calendar year 1991. Conduct election of Vice Chairperson to preside until the end BACKGROUND: The City's Ordinance No. 91-14, which activates the Redevelopment Agency and designates the City Council as the Agency does not provide for the term of office of the Chairperson and Vice Chairperson. The staff therefore recommends that the terms of office be concurrent with that of the Mayor Pro Tem and the Vice President of the Temecula Community Services District. JSG ITEM NO. 3 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY HELD APRIL 23. 1991 A regular meeting of the Temecula Redevelopment Agency was called to order at 11:20 PM. PRESENT: ABSENT: 4 DIRECTORS: Lindemans, Moore, Mu~oz, Parks 1 DIRECTORS: Birdsall Also present were City Manger David F. Dixon, City Attorney Scott F. Field and Susan W. Jones, Acting Deputy City Clerk. PUBLIC COMMENTS None given. AGENCY BUSINESS 1. Pass-through A,c/reement with County of Riverside It was moved by Councilmember Moore, seconded by Councilmember Lindemans to continue this item to the meeting of May 7, 1991. The motion was unanimously carried with Director Birdsall absent. CITY MANAGER'S REPORT None given. CITY ATTORNEY'S REPORT None given. DIRECTORS REPORTS None given. ADJOURNMENT The meeting was adjourned at 11:21 PM. ATTEST: Ronald J. Parks, Mayor June S. Greek, City Clerk MINUTES OF AN ADJOURNED REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY HELD MAY 7, 1991 An adjourned regular meeting of the Temecula Redevelopment Agency was called to order at 10:50 PM. PRESENT: 5 ABSENT: 0 DIRECTORS: Birdsall, Lindemans, Moore, Muhoz, Parks DIRECTORS: None Also present were City Manger David F. Dixon, City Attorney Scott F. Field and City Clerk June S. Greek. PUBLIC COMMENTS None given. AGENCY BUSINESS 1. Pass-throuQh AQreement with the County of Riverside City Manager Dixon introduced the staff report, stating an agreement should be reached on this item within seven days, and requested this item be continued to the meeting of May 14, 1991. It was moved by Director Moore, seconded by Director Birdsall to continue this item to the meeting of May 14, 1991. The motion was carried by the following vote: AYES: 5 NOES: 0 ABSENT: 0 DIRECTORS: Birdsall, Lindemans, Moore, Mu~oz, Parks DIRECTORS: None DIRECTORS: None CITY MANAGER'S REPORT None given. CITY ATTORNEY'S REPORT None given. 4\RDA MIN\O50791 - 1 - 05/10/91 RDA Minutes DIRECTORS REPORTS None given. ADJOURNMENT The meeting was adjourned at 10:51 PM. May 7, 1991 ATTEST: Ronald J. Parks, Mayor June S. Greek, City Clerk 4\RDAMIN\050791 -2- 05/10/91 MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY HELD MAY 14, 1991 A regular meeting of the Temecula Redevelopment Agency was called to order at 12:35 AM. PRESENT: 3 ABSENT: 2 AGENCY MEMBERS: AGENCY MEMBERS: Birdsall, Lindemans, Parks Moore, Mufioz Also present were Executive Director David F. Dixon, General Counsel Scott F. Field and Agency Secretary June S. Greek. PUBLIC COMMENTS None given. AGENCY BUSINESS It was moved by Agency Member Lindemans, seconded by Agency Member Birdsall to continue Items 1-4 to the meeting of May 28, 1991. 1. Election of Chairperson of the Redevelopment Agency 2. Election of Vice Chairperson of the Redevelopment Agency 3. Minutes 4. Ordinance Providing for the Time and Place of Temecula Redevelopment AQenc¥ Meetings The motion was carried by the following vote: AYES: 3 AGENCY MEMBERS: Birdsall, Lindemarts, Parks NOES: 0 AGENCY MEMBERS: None ABSENT: 2 AGENCY MEMBERS: Moore, Mufioz 5. Pass-through Agreement with the County of Riverside City Attorney Field introduced the staff report. It was moved by Agency Member Lindemans, seconded by Agency Member Birdsall to approve the agreement entitled, "Agreement between the Redevelopment Agency of the County of Riverside, County of Riverside Asset Leasing Corporation, the City of Temecula and the Redevelopment Agency of the City of Temecula for reimbursement and distribution of tax increment funds from the Temecula 4\RDAMIN\051491 -1- 05120191 Temecula Redevelopment Agency Minutes May 14. 1991 Redevelopment Project", in substantially the form presented, subject to approval as to form by the Executive Director and General Counsel. The motion was carried by the following vote: AYES: 3 AGENCY MEMBERS: Birdsall, Lindemans, Parks NOES: 0 AGENCY MEMBERS: None ABSENT: 2 AGENCY MEMBERS: Moore, Mu~oz EXECUTIVE DIRECTOR'S REPORT None given. GENERAL COUNSEL 'S REPORT None given. A GENC Y MEMBERS R£POR TS None given. ADJOURNMENT The meeting was adjourned at 12:40 AM to a meeting on May 28, 1991 at 5:00 PM at the Temporary Temecula Community Center. ATTEST: June S. Greek, Agency Secretary Ronald J. Parks, Acting Chairperson 4\RDAMlN\051491 -2- 05/20/91 ITEM NO. 4 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY CITY OF TEMECUI. A AGENDA REPORT Redevelopment Agency Members Executive Director May 28, 1991 Ordinance setting time, date and location of the RDA meetings. PREPARED BY: Redevelopment Agency Secretary June S. Greek RECOMMENDATION: Adopt an urgency ordinance entitled: RDA ORDINANCE NO. 91- AN ORDINANCE OF THE REDEVELOPMENT AGENCY OF TEMECULA SETTING THE TIME, DA TE AND L OCA TION OF REDEVEL OPMENT ,4 GENCY MEETINGS AND DECLARING THE URGENCY THEREOF BACKGROUND: The proposed ordinance is a routine action for setting up the regular meetings of the Redevelopment Agency. From time to time, ordinances of this sort will be required as "housekeep!ng" for the Agency. JSG RDA ORDINANCE NO. 91- AN ORDINANCE OF THE REDEVELOPMENT AGENCY OF TEMECULA SETTING THE TIME, DATE AND LOCATION OF REDEVELOPMENT AGENCY MEETINGS AND DECLARING THE URGENCY THEREOF THE REDEVELOPMENT AGENCY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Meetings. A. Regular meetings of the Redevelopment Agency of Temecula shall be held on the second and fourth Tuesday of each month. B. The Redevelopment Agency may, by resolution, designate another date, time and location for a meeting. SECTION 2. Time and Place A. Regular meetings shall commence immediately after the adjournment of the regular meeting of the City Council of the City of Temecula. B. Regular meetings shall be conducted at the Temecula Community Center, temporarily housed at 27475 Commerce Center Drive, Temecula, California. If a regular meeting falls on a holiday, the regular meeting shall be held on the next business day (Government Code Section 36808.) SECTION 3. The City Council of the City of Temecula adopted Ordinance No. 91-14 declaring and designating the City Council of the City of Temecula as the Redevelopment Agency on the 9th day of April, 1991 and declared the urgency thereof. Since the City Council acting as the Redevelopment Agency desires to assume the duties of the Agency immediately for the purpose of guiding the operation of the Agency in its task of protecting the health, safety and welfare of the citizens, the Agency finds and determines that the adoption of the Ordinance as an Urgency Ordinance is necessary. SECTION 4. This Ordinance shall take effect immediately upon its adoption. The Secretary of the Redevelopment Agency shall certify to the adoption of this Ordinance and cause it to be posted in the three designated posting places for the City of Temecula. 2/Ord$/RDA01 1 SECTION 5. The Secretary of the Redevelopment Agency shall certify to the adoption of this Ordinance and cause the same to be posted in the manner prescribed by law. PASSED, APPROVED AND ADOPTED this 14th day May, 1991. , Chairperson ATTEST: June S. Greek, Secretary [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMECULA ) SS I, JUNE S. GREEK, Secretary of the Redevelopment Agency of Temecula, HEREBY DO CERTIFY that the foregoing Ordinance No. RDA 91- was duly adopted at a regular meeting of the Redevelopment Agency of Temecula on the 14th day of May, 1991, by the following roll call vote. AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSENT AGENCY MEMBERS: June S. Greek, Redevelopment Agency Secretary 2/Ord~/RDA01 2