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HomeMy WebLinkAbout071090 CC Agenda~,d4nO~c~& No. 's~8 to seMider mX pz~ort! aequi-sit'ion. Invocation Flag Salute I~LL~LLLt Pastor Steven Struickmans ~ncho conunity Church ~irdsall, Linde~ans, Moore, Nunez, Parks Certificate of Appreciation - Doug Davies Introduction of Traffic Controllers Presentation by Captain 'R~ck Sayre. Check ~fron CARE (Coalit~on for A Reasonable Environment) - Presentation by Judy Rosen, President A total of 15 minutes is prov~ledso members of the public can address the Council on items that are not listed on the Agenda, Speakers are l~nitedfto two (2) minutes each. ~f you desire to speak totheCounctlsboutan~tennot listed on the Agenda, a pink uRoquo~t To ,M# form should be filled out and filod eith the City Clerk. When you are called to speak, please come forward and state For all other agenda items a #1oquest To Spoil" form must be filed w~th the City Clerk ~ -the Council gets to that item. There is a five (5) minute time limit for individual speakers. / ill ~stt~rs listed und~_Cl~l!~P~,Cpl.~r'.areoons!der~d to ~t~ ~ ~11 viii City C~[1 r~~ 1.1 ~pr~e ~e Bi~es of J~e 26, 1990 as ~iled. '~pr~e ~e ninut~ of ~une 30, 1990 as ~iled. 2. ~-!lp,~t~ Ap,~ri~i~q ~j~Ation of. ~-]~$ e~ Use Tax ~TION: 2.1 o Adopt a resolution entitled: RESOLUTION NO. 90- · tBIOLUTXONO~THB CXTrCOU~XLO~THBCXTrO~ TB~BCULA &IPl*~3fRZS331~ B]DkIf/M~TXC~OF 8ALBS ~ USB TAZRBOORDS ¸o -q~oJ~l ~d~ of Qr4Jr~p~ce ~hlt!h.tng ,, RECOiOi~HDATZON: Adopt and read by title only an ordinance entitled: C~D~ NO. O0-10 ~ omoxix~ GI' m c~x'x'~ eO~ZL 0~' m czT~ oz' ]!IT]diLXIHXIIG x ~momulL SYSTEM IBTXTLBD Continued fron ~he meetLnq of Dune 26, 1990. · RE~JO~HDATION: 7.1 ContXnue tot he meetXng of ~uly 24, 1990. RB-.~3MMBHDATXON: 8.! AuthorXze budget &pproprL&tion of $20, S00 for the purpose of purchasXncj& vehXclo for t~euleof the ¢~tyHanager from&ccount no. 00L~60-42-5608, sa~d funds to be tran~£erred from reserve for Contingency (account no. 001-905) ~141e~71ooo s 07;oeJJo ~op'c a resolution entitled: HIIOX,OTXO~ ~!0, ~0- RF~I-~f~./~uATION: r ~0' X Conduct Public Hearing 10.2 -Direct staff to proceed with abatement procedures pursuant to the provisions adopted in Resolution 9.0-55. · gl~'- (To be beXd at OtO0 ~lf) Pledge ooe,oolparato agenda .~q. gx!A~x"ce.R~nn of ?~e - Tel)~At4vo PArcel l~p ,~!383 '~ATXON: 11.1 Set for public hearing July 24, 1990. ~JbEsmd~07m: ~~'~ of , p~c4~on-~k;Ing Author4,,ty fo~'. r~n~ Use 16.1 C~d~ r~~at~ons ~ ~e City Attorney a~ Next meeting: July 24, 1990, 7:00 PM, Temecula C~unity Center, 28816 PuJol Street, Temecula, California ~JEand~7 I010 e 07J0~10 .TUN ~ ~13 0?:56 STOORZA, 7T£C~, M~TZC~R P.~_/~ June 28, 1990 Ms. June Oreelf Deputy City Clerk City_ of Temecula 43172 Business Park Drive Temecula, CA 92390 Dear Ms. Greek: *** BY FACSIMILE *** Thank you for accommodating our request for a spot on the July 10, 1990 City Council agenda. This letter confirms that Coalition for A Reasonable Environment -- CARE .. will be on the Tuesday, July 10, 1990 City Council agenda for a very brief presentation. Judy Rosen, president of CARE, wdl present a check to the council for the city's overpats traffic officer program. If you have any questions, please call me at (714) 699-8327. Thanks for all of your help. D~nnis Cushman Account Executive c;: Judy Ros~n llllfflll~till~l)l _,-.--,dJl,tllllll.'?t'~lt.. ! ~ ' hllMli~m MINUTE8 OF A REGULAR MEETING OF THE TEMECULACITY COUNCIL HELD JUNE 26, ~990 A regular meeting of the Temecula City Council was called to order at 6:40 PM in the Temecula Community Center, 28816 Pujol Street, Temecula, California. Mayor Ron Parks presiding. EXECUTXVE BESSION: Mayor Parks adjourned to an executive session pursuant to Government Code Section 54956.8 to consider real property acquisition and 54957.9A to discuss the matter of Ramsey vs the County of Riverside. The executive session was adjourned at 7:16 PM. The regular meeting was convened at 7:20 PM with the following members present: PRESENT 4 COUNCILMEMBERS: Birdsall, Lindemans, Mufioz, Parks ABSENT: i COUNCILMEMBERS: Moore Also present were City Manager Frank Aleshire, City Attorney Scott F. Field, and Deputy City Clerk June S. Greek. INVOCATION The invocation was given by Pastor Gary Nelson of Calvary Church. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Councilmember Muffoz. City Attorney Fields stated during the closed session the Council took action to authorize the City Manager to sign the Joint Tenant Lease with Windsor Properties for Building A located at 43180 Business Park Drive. Mayor Parks asked that Agenda Item No. 13 be presented first. 13. City Seal Contest Mayor Parks presented checks and certificates to the winners of the City Sea1 Contest as follows: First Place for Originality - Dominique Alcantar of Temecula Middle School. N ~ nut es~6~26\90 - 1 - 07/05/90 City Council Minutes June 26. 1990 First Place -Artwork -Kris Kennedy of Temecula Middle School First Place - Slogan - Heather Short - Temecula Middle School Honorable Mention - Michael Ramos - Temecula Middle School Councilmember Lindemans said the final City Seal must be the result of a mission statement, and the seals submitted may not be the permanent City of Temecula seal. PUBLIC COMMENTB James Marple, 28541 Via Princesa, stated distributed a letter from Ivan Termant, County of Riverside Road Department regarding urban run-off to the Council. He said there will be a series of meetings during the next few months on this subject and asked Council to appoint a representative to attend these meetings. Councilmember Mufioz stated the size of City Council agendas is getting out of hand. He said it is not fair to the Council as there is too much information to thoroughly review, as well as not being fair to the citizens to have to sit through such lengthy meetings. CONSENT C]~LENDAR Mayor Parks advised he had a request to continue Item No. 5 to the meeting of July 10, 1990. Councilmember Lindemans asked for the removal of Item No. 6, 9, 10 and 11 from the Consent Calendar. Councilmember Birdsall asked to remove Consent Calendar Item No. 8. Councilmember Mufioz asked for the removal of Item No. 12. It was moved by Councilmember Birdsall, seconded by Councilmember Lindemans to approve Consent Calendar Items 1, 2, 3, 4 and 7 as follows: 1. Minutes 1.1 Approved minutes of June 12, 1990 as mailed. 14 ~ nut e~\6\26\90 - 2 - 07/05/90 City Council Minutes June 26. 1990 Resolution Asproving Payment of Demands 2.1 Adopt a resolution entitled: RESOLUTION NO. 90-64 A RESOLUTION OFT HE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMB AND DEMANDS AB SET FORTH IN E~IBIT A. City Treasurer's Report for the Month Ending May 31, 1990. 3.1 Receive and file. Statement of Revenues and Expenditures, Budaet and Actual for the Month Endina May 31, 1990, 4.1 Receive and file. 4.2 Adopt a resolution entitled: RESOLUTION NO. 90-65 A RESOLUTION OFT HE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 19S9-90 BUDGET TO APPROPRIATE $1,000 FORT HE PURPOSE OF PROVIDINGADDITIONAL COMMUNITY SERVICES CONSULTING FEES AND CAPITAL OUTLAY 8oils and Materials Testing Services 7.1 Authorize the City Engineer to solicit proposals for the provisions of soils and material testing services for Fiscal Year 1990-91· The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Mufioz, Parks NOES: 0 ABSENT: i COUNCILMEMBERS: COUNCILMEMBERS: None Moore Lindemarts, N i nutes\6\26\90 -3- 07/05/90 City Council Minutes June 26. 1990 COUNCIL BUSINESS 5. Street Name Change, Kathleen Way to Ridge Park Drive Councilmember Birdsall moved, Councilmember Lindemans seconded a motion to continue this item for two weeks to the meeting of July 10, 1990. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Mufioz, Parks NOES: 0 ABSENT: i COUNCILMEMBERS: COUNCILMEMBERS: None Moore Agreement for Maintenance of Traffic Signals and Safety Lighting Councilmember Lindemans stated he feels this contract is excessively costly and requested staff look into other options. City Manager Aleshire reported this contract is for 24-hour a day maintenance of traffic lights. He further stated that lights are run on computers and these people have the equipment and the knowledge to handle this service. He stated if Council preferred he could have the new City Manager take a survey of how other cities handle this maintenance. Councilmember Mufioz questioned response time required in the contract. Mr. Aleshire answered that every call will be answered, and time to restore service will depend on the problem. Councilmember Mufioz also asked if liability would totally rest upon the City instead of the County. City Attorney Fields stated that on short term, high liability contracts, the County would act more as a City employee and would place all liability with the City. He stated that in long term contracts this would not be the case. It was moved by Councilmember Lindemans, seconded by Councilmember Birdsall to authorize the Mayor to execute an agreement for traffic signals and safety lighting with Riverside County. N~nutes\6\26\90 -4- 07/05/90 City Council Minutes June 26, 1990 e e The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Mu5oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: i COUNCILMEMBERS: Moore Special OutBoor Event Permits ¢P&ra~es) Councilmember Birdsall stated she has concerns with this item and would like to refer it back to staff with a direction to set up an ad hoc committee to review an appropriate resolution. She said she felt two resolutions, one for parades and one for special events would be a better solution. Councilmember Mu5oz asked that there be an indication of how far in advance these permits should be started and also suggested a cost of living clause. Mayor Parks agreed with setting up a seven-member, ad hoc committee comprising of a representative from the Council, representatives from the Chamber of Commerce, the Town Association and the public at large. He suggested appointing Councilmember Birdsall as the Council's representative and asked the City Manager to put together this committee. Councilmember Birdsall moved, Councilmember Lindemans seconded a motion to continue this item off calendar and refer back to staff with direction to set up an ad hoc committee to review an appropriate resolution. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: i COUNCILMEMBERS: Moore Tentative Parcel MaD 23513 Councilmember Lindemans stated he felt this item should not be received and filed and warranted a public hearing. He said this area is a large open space and residents should have the opportunity to voice their opinions. Ni nutes\6\26\90 -5- 07/05/90 City Council Minutes June 26. 1990 Councilmember Mufioz expressed his concern with respect to grading. He said the Council made a statement that it did not want the hill tops flattened. He requested recommendations from staff on what appropriate grading levels would be. He also requested before and after sketches for projects. Mayor Parks said he has a problem with setting this item for public hearing since it has already gone through the County process and been approved. He statedthis would cost the City $2,000 to $3,000 with the outcome likely remaining the same. He asked staff if all property owners were notified regarding the County Public Hearing. Ross Geller, Planning Director, stated they were notified. It was moved by Councilmember Lindemans, Councilmember Mufioz to set for public hearing. seconded by The motion was carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Mu5oz Lindemans, NOES: i COUNCILMEMBERS: Parks ABSENT: i COUNCILMEMBERS: Moore 10. COpieS Purohase Councilmember Lindemans stated he felt the cost of the copier was much too high and staff should look into leasing a machine for City use. He further stated the Kodak machine had limitations that other machines did not have, such as the inability to enlarge and use large paper. He said he felt the City should use local merchants whenever possible. Joe Hreha, Manager of Information Systems, stated the copier recommended is a high speed machine, primarily for the purpose of producing high volumes of copies such as agendas every week. He stated the plan is to purchase a high speed copier to do this kind of work and a smaller one for the more specialized copying needs. Councilmember Birdsall said she felt staff had done a thorough study on the purchase of a copier, but would agree to looking at a lease rs. purchase. N J nutes\6\26\90 -6- 07/05/90 City Council M{nutes June 26. ~990 Councilmember Lindemans moved, Councilmember Mufioz seconded a motion to continue this item off-calendar, and direct staff to look at lease options for this equipment. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: i COUNCILMEMBERS: Moore 11. Second Extension of Time - Tentative Parcel Yap 21383 Ross Geller, Planning Director, stated there has been a request to continue this item for two weeks with the hope of changing the recommendation to receive and file. It was moved by Councilmember Mufioz, seconded by Councilmember Lindemarts to continue the item for two weeks. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Mu5oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: i COUNCILMEMBERS: Moore 12. Final Tract Map No. 24169 Councilmember Mufioz asked if the questions raised regarding the left turn problems have been resolved. Tim Serlet, City Engineer, stated he met with the County Road Department and the left turn pockets have been designed. He said the County has allowed the developer to proceed with striping plans. Councilmember Mufioz informed Larry Markham, representing the developer, that he has received phone calls from current tenants expressing their concern with insufficient parking when the Lube and Tune is built. Mr. Markham said the Lube andTune has been on the approved plot plan from the inception of the project and the development is in compliance with parking requirements. #~nutes\6\26\90 -7- 0;'/05/90 City Council Minutes June 26. 1990 Councilmember Mufioz said he has been very displeased with the developers violation of the City's sign ordinance and recommended this situation be corrected as soon as possible. Councilmember Lindemans moved, Councilmember Birdsall seconded a motion to approve Final Tract Map No. 24169, subject to the conditions of approval contained in the staff report. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: i COUNCILMEMBERS: Moore Mayor Parks called a recess at 8:25 PM. The meeting was reconvened at 8:45 PM. Mayor Parks asked if anyone was present to speak regarding the public hearing on Weed Abatement. Since there were no speakers present, the Mayor suggested continuing this item. It was moved by Councilmember Muhoz, seconded by Councilmember Birdsall to continue this item to July 10, 1990 and direct staff to re-notice the Public Hearing. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemarts, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: i COUNCILMEMBERS: Moore Mayor Parks adjourned to the Community Services District Meeting at 8:46 PM. The City Council meeting was reconvened at 9:10 PM. Councilmember Lindemans requested taking Item No. 24 out of order. # J nutes\6\26\90 - 8- 07/05/90 City Council Minutes June 26. 1990 COD~ClL BUSINESS 24. Traff~o Safety Measure A110oation of Funds City Manager Aleshire reported that at a previous meeting the City Council formed an advisory committee made up of Councilmember Lindemans, Max Gillis and the City Manager. He said the recommendations listed in the staff report are the result of their work. He requested endorsing the list of projects and adding any projects the Council wished. He said it would be appropriate to hire someone to coordinate this program, allocate $200,000 and begin to get the work done. Councilmember Lindemans stated Max Gillis has agreed to be the facilitater if it is the will of the Council and the new City Manager at no charge to the City. Councilmember Lindemans suggesting changing the allocation to $250,000 and allocate this amount to be repaid from the capital improvements budget. Mayor Parks recommended referring this issue to the Ad Hoc Traffic Committee until the Traffic Safety Commission is appointed. He said this committee could establish a priority list for projects needed and since this is an established committee they are familiar with these issues and could solve the problem quickly. Councilmember Mufioz asked that we do not stretch this process over months instead of days or weeks. He stressed the importance of solving these matters in a timely fashion. Mayor Parks stated he was not in favor of having one individual doing this job, but felt a veryqualified committee of seven people could solve these problems faster and more effectively. Councilmember Birdsall moved, Councilmember Lindemans seconded a motion to allocate $200,000 to be administered under the auspices of the Temecula Traffic Committee utilizing the services of Mr. Max Gillis as facilitater; and further direct staff to notify the Traffic Committee of the Council's desire to utilize their services in this capacity. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: i COUNCILMEMBERS: Mufioz # J nutes\6\26\90 - 9 - 07/05/90 City Council Minutes June 26. 1990 14. Councilmember Birdsall requested a further point of discussion on this item. She suggested establishing an Ad Hoc Committee to make the final determination on how the City Seal will be handled. Councilmember Lindemans stated the City needs a mission statement, a one sentence slogan to go along with the seal. Councilmember Birdsall moved, Councilmember Lindemans seconded a motion to establish an Ad Hoc committee made up of volunteers from the community to make the final determination on how the City Seal and mission statement will be developed. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Moore Resolution Establishinq the City's &ppropriations Limit for Fiscal Year 1990-91 Mary Jane Henry, Finance Director, requested this item be continued off calendar. It was moved byCouncilmember Mufioz, seconded by Councilmember Birdsall to continue this item off calendar. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemarts, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Moore 15. City of Temecula Personnel Policies City Manager Aleshire reported that the Council authorized the hiring of a consultant to put together a personnel policy, which is before the Council tonight. He recommended the Council take action to adopt these personnel rules. He said two actions are needed: first, adoption of an ordinance Ninutes\6\Z6\90 - 10- 0?/05/90 City Council M{nutes June 26. 1990 setting up the frame work for establishing rules, which requires two readings and a 30 day waiting period, and second adoption of a resolution establishing rules and procedures governing attendance and leaves. Mr. Aleshire outlined the rules and recommended taking action on these items. He introduced Mike Deblieux from the consulting firm of IEM to answer questions. Councilmember Mufioz stated he felt that 18 days comprehensive leave/sick time was too high and did not compare with the private sector. Mr. Deblieux answered that the number was conservative in comparison to most other cities in which employees are allowed a total of 22 days. He explained that the 18 days combined sick and vacation time serves as an incentive to employees to be more consistent in their attendance. Councilmember Mufioz stated that many people want to work for the City of Temecula, and the City does not need to over- compensate employees. Mayor Parks declared a one minute break at 9:45 PM to change the tape. Councilmember Mufioz also questioned the length of time-off with pay for jury duty, stating the vast majority of cases that go to trial only last two weeks. It was moved byCouncilmember Mufioz, seconded byCouncilmember Lindemans to adopt Resolution No. 90-67 with the amendment to reduce the comprehensive annual leave for the first year to 15 days, 17 days for the second and third year, and to amend the managerial leave to 19 days the first year and 21 days for the second and third year. Jury duty was amended to 30 days with pay, instead of 90 days with pay. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Moore Councilmember Mufioz moved, Councilmember Lindemans seconded a motion to read by title only, waive further reading of Ordinance No. 90-10 and approve first reading. Hinutes\6\26\90 - 11- 07/05/90 .... Citv Council Minutes June 26. 1990 The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS Birdsall, Lindemans, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Moore It was moved by Councilmember Lindemans, seconded by Councilmember Moore to extend the meeting to 11:00 PM. The motion was unanimously carried. PUBLIC HEARING 16. &DDeal No. 2 - Tentative Parcel Map No. 21769 Councilmember Moore moved, Councilmember Mufioz seconded a motion to continue this item off calendar. Councilmember Nufioz asked the reason for the request of continuance. Ross Geller, Planning Director, explained staff is awaiting verification on information regarding biological impact. He stated staff is working with the applicant. The motion was carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Lindemans, Mufioz NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Moore ABSTAIN: i COUNCILMEMBERS: Parks 17. Plot Plan 11499 - Appeal No. 3 Ross Geller stated this item contains two parts; a request for plot plan approval and an appeal. He stated the plot plan has been approved by the County Planning Director and 1/3 of the site is proposed to be landscaped. Tim Serlet, City Engineer, stated this case is similar to several others appealed to the Council recently. The project was submitted to the County when all new developments were conditioned with a traffic study and required to meet those conditions. Mr. Serlet recommended not requiring the applicant to improve the intersection but rather to pay a fair share of fees, and deposit $10,000 as a good faith measure. # { nutes\6\26\90 - 12 - 0?/05/90 City Council Minutes June 26. 1990 18. It was moved by Councilmember Birdsall, seconded by Councilmember Lindemans to approve staff recommendations to 1) uphold the appeal, subject to the recommendations of the City Traffic Engineer, based on findings and analysis contained in the County report. 2) Approve Plot Plan No. 11499, based on the analysis and findings contained in the County Staff Report, subject to the conditions of approval revised in Appeal No. 3. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: i COUNCILMEMBERS: Moore Report by Temecula Commerce Conittee on Suggested Sign Ordinance ~mendments 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. #~ nutes\6\~6\~O - 13- 07/05/90 City Council Minutes June 26. 1990 Councilmember Nu~oz stated he would like stricter limits, and asked Council if it is willing to accept the fact that everyone could have a balloon. 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 Lindemans, 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, Lindemans, Mu5oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Moore Councilmember Mu~oz 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, Mu5oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: i COUNCILMEMBERS: Moore Mayor Parks requested taking Item No. 20 out of order. # ~ nut es\6~6\90 - 14 - 07/05/90 city Council Minutes June 26. 1990 20. Town Center Traffic Improvements City Manager Aleshire reported the owners of the Town Center on Ynez and Rancho California Road would like to have a traffic signal installed. He stated a traffic signal is warranted and should be installed. Also suggested was the closure of the left turn pocket located adjacent to Marie Calendar's. He said Rancho California Water District is willing to install a pilot planting program in the medians east of Ynez that would feature low water usage landscaping. Mr. Aleshire recommended the following: Install a traffic signal at the main entrance to the shopping center. bo Close the existing median cut at the westerly driveway to the shopping center. Ce Reimburse developer for improvements out of future sales tax revenues. d® Request Rancho Water District to install pilot planning program in the medians east of Ynez Road. Councilmember Mufioz asked when the signal would be installed. Mr. Aleshire stated all work should be completed by late November, 1990. Mayor Parks called a one minute break to change the tape at 11:00 PM. Councilmember Mu~oz questioned the reasoning behind closing the Marie Calendar entrance into the center, suggesting this may cause an increased traffic build up. City Manager Aleshire stated this was recommended after the traffic study conducted by Willdan. Lisa Peterson, 28765 Single Oak Drive, representing Bedford properties voiced her objection to the proposed reimbursement to the developer for improvements out of futures sales tax revenues. She stated all developers had paid signal mitigation fees, and this developer should not be singled out for reimbursement. #~ nutes\6\26\90 - 15- 07/05/90 City Council Minutes June 26. 1990 Councilmember Mufioz praised Bedford Properties stating they have done what is necessary to aid in traffic solutions. He stated the Target Center owners are attempting to get the City to pay for signals which should be their responsibility. He said if fees had been paid to the County and can be recovered, this would be acceptable. Mayor Parks asked the City Manager to research other means to obtain funds without giving up sales tax dollars, but stressed the point that this improvement is absolutely necessary. Councilmember Birdsall asked that a time limit be placed on implementing this project since it is a critical area. It was moved byCouncilmember Mufioz, seconded byCouncilmember Lindemans to accept staff recommendations A and D, direct staff to further study recommendation B, and to reject recommendation C. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemarts, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: i COUNCILMEMBERS: Moore Councilmember Lindemans moved, Councilmember Mufioz seconded a motion to extend the meeting to 12:00 AM. The motion was unanimously carried. 21. Calle Medusa Traffic Study City Manager Aleshire reported he held a meeting with the residents of Calle Medusa and several improvements were recommended including: Three Stop intersections, installations of crosswalks, warning signs, a 25 MPH speed zone and a school bus stop. He said the developer of US Homes has agreed to install the signs and markings if desired by City Council, and would further consider doing an expanded traffic study to address alternate street patterns to reduce through traffic on Calle Medusa. Mr. Aleshire recommended Council approve these measures to allow traffic improvements to be made. N i nut es\6\2.6\90 - 16- 07/05/90 City Council Minutes June 26. 1990 Jim Estock, 40420 Calle Medusa, stated he is in favor of these recommendations as they represent a step in the right direction, but he is not fully satisfied with the results. He said when the builder admits he was not truthful to homeowners, and when through traffic can be redirected, the homeowners will be satisfied. Sherman Haggetty, stated US Homes agrees there is a problem on Calle Medusa. He said the street is used for something other than it was designed for, and this was not anticipated by the builder. Mr. Haggerry said US Homes has agreed to take the lead in doing a traffic study. He stated it would appear that when Nicholas and Butterfield Roads are complete the vast majority of present traffic will not use Calle Medusa. He also stated US Homes would be willing to install undulations, which would solve the problem of high speeds on this residential road. Councilmember Lindemans asked if speed undulations are an approved traffic control devise. He recommended referring this problem to the Traffic Commission, but stated he was in favor of making whatever changes are necessary to make the residents feel more at ease. City Engineer, Tim Setlet recommended trying the other traffic solutions first. Councilmember Mufioz stated he felt undulations are a radical approach to this problem and would also favor referring this study to the Traffic Commission. Councilmember Mufioz moved, Councilmember Birdsall seconded a motion to approve staff recommendation to direct the City Manager to implement the traffic improvements recommended in the Willdan Report. The motion was carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Moore ABSTAIN: I COUNCILMEMBERS: Lindemans #i nute~\6\~6\90 - 17- 07/05/90 City Council Minutes June 26. 1990 22. ~evelopment Inventory City Manager Aleshire reported staff recommendation is to direct the City Manager to execute a contract with Lightfoot Planning Group to conduct a comprehensive land use inventory. He said this report would provide staff with a comprehensive report on all approved projects within the City. He reported that four proposals were received, and the least costly option of $37,600 by Lightfoot Planning Group is recommended. It was moved byCouncilmember Mufioz, seconded by Councilmember Lindemans to direct the City Manager to execute a contract with Lightfoot Planning Group to conduct a comprehensive land use inventory. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemarts, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: i COUNCILMEMBERS: Moore 19. Proposal for Street Sweeping Servioes Councilmember Birdsall moved, Councilmember Lindemans seconded a motion to authorize the City Manager to enter into an agreement with R. F. Dickson Company for street sweeping services. Councilmember Mufioz asked Mayor Parks to call County Supervisor WaltAbraham and ask him to request County Roads to do their final street sweeping for the City of Temecula. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: i COUNCILMEMBERS: Moore Ni nut es\6~26\90 - 18- 07/05/90 city Council Minutes June 26. 1990 23. Buildina I~speotion City Manager Aleshire recommended authorizing the Mayor to sign an Agreement for Building Plans Examining Services with Willdan and Associates. He said the County does not wish to manage this program any longer, and Willdan will direct this program until such time as the new City Manager hires a Building Director. Mr. Aleshire reported that the City would then collect the building fees. Councilmember Lindemans asked if these fees will be the same as the County fees. City Manager Aleshire stated the present fees are the same as the County fees, but a recommendation to change the rate will be coming in a couple of weeks. It was moved by Councilmember Lindemans, seconded by Councilmember Mufioz to authorize the Mayor to sign the "Agreement for Building Plans Examining Services." The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemarts, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: i COUNCILMEMBERS: Moore CITY MANAGER REPORTS City Manager Aleshire reported that he spoke withLadd Penfold, who is ready to relocate the KRTM FMRadio Tower and who requested the City grant him a permit to locate a telephone pole in the vicinity of the new location. He stated that at the present time there is a moratorium on antennas, but the Council could declare an exemption with four votes. City Attorney Fields stated this item is not on the agenda and would require a 4/Sths vote to add this item. Ni nutes\6\Z6\90 - 19- 07/05/90 City Council Minutes June 26. 1990 It was moved by Councilmember Lindemans, seconded by Councilmember Mu~oz to declare this a subsequent need item and to add it to the agenda. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Mu~oz, Parks NOES: 0 ABSENT: i COUNCILMEMBERS: COUNCILMEMBERS: None Moore Councilmember Lindemans moved, seconded by Councilmember Mufioz to grant an exemption from the Tower Moratoriumto Ladd Penfold on the condition that 1) the existing radio tower on Via Montezuma be removed, 2) that the requested power pole may be located at a new location subject to the City manager's approval, and 3) that the pole must be removed when the final plot plan for the tower is approved. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: i COUNCILMEMBERS: Moore CITY ATTORNEY REPORTS 25. Stephens' Kanaaroo Rat Report City Attorney Fields reported that a letter reporting on this issue would be distributed to Council for their review and it should answer questions previously raised. CITY COUNCIL REPORTS Councilmember Mufioz requested staff to look into a Sister City program to include a city in Japan. 14inutes\6\26\~O - 20- 07/05/90 City Council Minutes June 26. 1990 It was moved by Councilmember Lindemans, seconded by Councilmember Mufioz to adjourn at 12:00AM. The motion was unanimously carried. Ronald J. Parks, Mayor ATTEST: June S. Greek, Deputy City Clerk H i nut es\6\26\90 - 21 - 07/05/90 MINUTES OF AN ADJOURNED MEETING OF THE TEMECUL~ CITY COUNCIL HELD JUNE 30, 1990 An adjourned meeting of the Temecula City Council was called to order at 9:06 AM in the City of Temecula City Hall Annex, 43180 Business Park Drive, Temecula, California. Mayor Ron Parks presiding. PRESENT 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore Mufioz, Parks ABSENT: 0 COUNCILMEMBERS: None Also present was Deputy City Clerk June S. Greek. PUBLIC COMMENTS No public comments were offered at this time. COUNCIL BUSINESS Mayor Parks explained the reason for holding this adjourned meeting is specifically to interview candidates for the City's Parks and Recreation Commission. He discussed briefly the manner in which he would like to have the interviews conducted. Candidates were then interviewed in the following order: 2. 3. 4. 5. 6. 7. Claudia Brode Jean P. Stenger John Sterling William D. Hillin Michael Kirby Jeffrey Nimeshein Evelyn Harker At the conclusion of the interviews the Council took a straw vote ballot to determine if any clear choices were evident. Council discussed their individual choices and the reasons for those selections. Council unanimously agreed to request that Candidate Claudia Brode return to the interview room to respond to a question regarding her association with the Temecula Town Association. N~nutes 6\30\90 -1- 07/05/90 City Council Minutes January 9. 1990 Ms. Brode, responded to the Council's question, stating she would choose to retain a position as a member of the Parks and Recreation Commission over a position on the Temecula Town Association Board if she were required to make such a choice. It was moved by Councilmember Moore, seconded by Councilmember Lindemans to poll the Council by a ballot. The motion was unanimously carried. On the first tally, Claudia Brode, William D. Hillen and Jeffrey Nimeshine were selected unanimously. Following discussion it was moved by Councilmember Lindemans, seconded byCouncilmember Birdsall to elect Candidate Evelyn Harker and Candidate Michael Kirby. The motion carried by the following vote: AYES: 4 NOES: 1 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Lindemans, Muhoz, Parks Moore None Councilmember Moore requested that the record state her only reason for voting no was because she objected to voting for two candidates in the same motion. CITY COUNCIL REPORTS Mayor Parks requested concurrence from the City Council to schedule interviews for the Public Safety Commission on Saturday, July 7, 1990 at 9:00 PM. Councilmembers Moore and Munoz gave brief overviews of the criteria used by the ad hoc committee in making the selections of the candidates to be interviewed for the Public Safety Commission. The Mayor requested Council's concurrence to waive the meeting of July 17, 1990, since four members would be attending a League of California Cities meeting in Northern California. All members of the Council agreed to the waiver. The Mayor agreed to notify all candidates interviewed for the Parks and Recreation Commission, of the action taken by the City Council. Ninutes 6~30\90 -2- 07/05/90 City Council Minutes January 9. 1990 It was moved by Councilmember Moore, seconded by Councilmember Lindemans to adjourn at 11:55 AM to the next meeting to be held on July 3, 1990, at 7:00 PM in the Community Room of the Rancho California Water District, 28061 Diaz Road, Temecula. The motion was unanimously carried. RONALD J. PARKS, MAYOR ATTEST: F. D. ALESHIRE, CITY CLERK Ninute8 6\30\90 -3- 07/05/90 :~& CITY OF TEMECULA AGENDA REPORT AB#: MTG: DEPT: FZNANCE TITL£: RESOLUTZON &UTHORZZING EX~I~ZN&TION OF B~LEB ~ USE T~[ RECORDS DEPT TY~ HD CITY AT CITY MGR ' RECOMMENDATION That the City Council adopt a resolution examination of sales and use tax records. authorizing B~CKGROUND In order to obtain a record of the sales tax returns submitted to the State Board of Equalization by Temecula businesses, the City Council needs to adopt the attached resolution authorizing the City Manager and Finance Director to examine the records. ~TT~CHMENT Resolution records. authorizing examination of sales and use tax RESOLUTION NO. 90- A RESOLSON OF THE CITY COUNCIL OF THE CITY OF TEMECL~A AUTHORIZING THE EXAMINATION OF SALES AND USE TAX RECORDS The City Council of the City of Temecula does resolve, determine and order as follows: WHEREAS, pursuant to Ordinance 89-5, the City of Temecula entered into a contract with the State Board of Equalization to perform all functions incident to the administration and collection of local sales and use taxes; and WHEREAS, the City Council of the City of Temecula deems it desirable and necessary for authorized representatives of the City to examine confidential sales and use tax records of the State Board of Equalization pertaining to sales and use taxes collected by the Board for the City pursuant to that contract; and WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Board records, and establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales and use tax records of the Board; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula does determine and order as follows: Section 1.That the City Manager, Finance Director or other officer or employee of the City designated in writing by the City Manager to the State Board of Equalization (hereafter referred to as Board), is hereby appointed to represent the City with Authority to examine sales and use tax records of the City by the Board pursuant to the contract between the City and the Board. The information obtained by examination of Board records shall be used only for purposes related to the collection of City sales and use taxes by the Board pursuant to that contract. PASSED, APPROVED AND ADOPTED this 10th day of July, 1990. ATTEST: Ronald J. Parks, Mayor June S. Greek, Deputy City Clerk [SEAL] 2/RESOS/83 I 07/02/90 RF_~OLWrlON NO. ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPOINTING THE CITY MANAGER follows: The City Council of the City of Temecula does resolve, determine and order as WHEREAS, the City of Temecula, California was incorporated on December 1, 1989, as a general law city of the State of California; and WHEREAS, the City, by ordinance has adopted a Council/Manager form of government. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula does determine and order as follows: Section 1. David F. Dixon is hereby appointed City Manager of the City of Temecula to serve at the pleasure of the City Council. Section 2. The terms and conditions of this appointment shall be as defined in the letter of agreement dated June 13, 1990, attached hereto as Exhibit A. PASSED, APPROVED AND ADOPTED this 10th day of July, 1990. ATTEST: Ronald J. Parks, Mayor June S. Greek, Deputy City Clerk [SEAL] 2/RESOS/81 1 06/29190 Mayor Ron Parks Mayor Pro Tem Karel F. Linderoans CITY OF TEMECULA P.O. Box 3000 Temecula, California 92390 (714) 694-1989 FAX (714) 694-1999 Councilmembers Patricia H. Birdsall Peg Moore J. Sal Mufioz ~TBIT "An June 13, 1990 Mr. David F. Dixon 11140 Pioneer Ridge Drive Moreno Valley, California 92388 AGREEMENT/APPOINTMENT AS CITY MANAGER OF TEMECULA On behalf of the City Council, it is my pleasure to officially offer you the position of City Manager for the City of Temecula. It is my understanding that you are already familiar with the duties and responsibilities of the City Manager, and that you will perform all of the duties necessary to manage the City and to perform such other duties as the Council may assign from time to time. The purpose of this letter is to set forth the additional terms and conditions of employment for your position. 1. Appointment - If you decide to accept this position, your appointment would become effective July 5, 1990. Your appointment will terminate on July 5, 1995; however, the City and you anticipate that this Agreement may be extended from time to time with the consent of the City and you, and according to such terms as the City and you may agree on. 2. Salary - Your base salary will be set at $103,870.00 per year for the remainder of the fiscal year 1989-1990, and all of the fiscal year 1990-1991. Your annual base salary will be payable in installments at the same time as the other employees of the City. Commencing on July 5, 1990, the City will contribute to a deferred compensation program of your choice, a sum equal to seven and 22/100 percent (7.22%) of your base monthly salary. 3. Retirement - The City of Temecula will execute all necessary agreements to participate in the State of California Public Employees Retirement System (PERS) and you will be enrolled in that program at the earliest eligible date. The employee's contribution to PERS would be paid on your behalf by the City of Temecula. AGREEMENT/APPOINTMENT AS CITY MANAGER June 13, 1990 Page No. 2 4. Vacation Leave and Sick Leave - Effective on your first day of employment with the City, you will be credited with fourteen (14) days of combined vacation and sick leave. Thereafter, you will accrue combined paid vacation and sick leave at the rate of 2.334 days per month during the term of your employment. You will also be eligible to receive any unused vacation leave and sick leave in cash when leaving the employment of the City. All aspects of the administration of sick leave and vacation leave will be in accordance with that which is provided to all executive management employees of the City. 5. Administrative Leave - The City will provide you with ten (10) days of administrative leave per fiscal year accumulating at a rate of 0.834/day per month. Any unused leave may be paid out to you in cash semi-annually at your option. 6. Medical Benefits - The City will enroll you and all of your eligible dependents in the major medical, health, sickness, accident, and disability income programs the City provides or makes available to all executive management employees of the City. In the event that no such plan exists, the City will provide a similar plan for you, substantially equal to that which is provided to employees of similar cities in the area. 7. Life Insurance - The City will provide you with term life insurance from a carrier of the City's choice in accordance with that which is provided to all executive management employees of the City. In the event that no such plan exists, the City will provide a similar plan for you substantially equal to that which is provided to employees of similar cities in the area. 8. Physical Examination - You will submit to a complete physical examination by a qualified physician selected by the City once a year. The City will pay for the cost of this physical examination and the City will receive a copy of all medical reports related to such examination. AGREEMENT/APPOINTMENT AS CITY MANAGER June 13, 1990 Page No. 3 9. Professional Development - All normal business expenses, including attendance at League of California Cities, Independent Cities Association, California Redevelopment Association, and International City Managers Association meetings and conferences, as well as local service club membership, business lunches and dinners, etcetera, will be paid for by the City and provided for separately in the operating budget of the City Manager's Office. All other job-related seminars, training sessions, and professional dues and subscriptions will be paid for by the City and provided for separately in the operating budget of the City Manager's office. 10. Vehicle - The City will provide you with a City vehicle for your professional and personal use, not including vacations. The City will pay for all insurance, gasoline, maintenance, and registration for this vehicle. In addition, the City will provide for regular replacement of the vehicle consistent with the depreciation policies of the City. 11. Residency - The City and you have acknowledged the desirability of your relocation to the City of Temecula. In order to secure your relocation, the City will provide you with: (A) Low Interest Loan. The City will make available to you a housing loan. The loan, a first mortgage, will be up to 705{; of the purchase price of a home within the City. The interest payments will be paid to the City on a monthly basis at a rate equivalent to the interest earned by the City investment portfolio or some other mutually agreed upon index. The rate will be an adjustable rate, calculated on an annual basis. There will be a cap rate of three percentage points on the loan which means that the rate will not increase by more than three percentage points during the life of the loan. The loan will be due and payable within twelve (12) months of your leaving your employment with the City or when the home is no longer your primary residence, whichever occurs first. You will obtain, and keep current, a life insurance policy in the amount of the loan and the City will be named as the primary beneficiary in order to pay off the loan in the event of your death. You will be responsible for the cost of this policy and you will file a copy of the policy with the City. AGREEMENT/APPOINTMENT AS CITY MANAGER June 13, 1990 Page No. 4 (B) Moving Expenses. The City will pay your expenses, in an amount not to exceed $4,000, for packing, moving and Wansporting, storing, unpacking, and insurance of your personal belongings and those of your family. 12. Performance Evaluation - The Council will review and evaluate your performance at least once annually in advance of the adoption of the City's budget. This review and evaluation will be in accordance with specific criteria, goals, and performance objectives developed jointly by you and the Council. 13. Outside Activities - You will not engage in any outside activities for compensation without prior approval of the Council. 14. Termination of Appointment; Severance - The City and you will have the right to terminate this Agreement prior to July 1, 1995 or any extensions of this Agreement, except that the City will not terminate this Agreement during the first ninety (90) days following a regular or special municipal election in which members of the Council are elected. The City may terminate this Agreement for any reason; however, should you be involuntarily terminated by the City for any reason other than conviction of an illegal act involving moral turpitude or personal gain to you, you would be provided with a lump sum cash payment equal to six (6) months' aggregate salary. Medical benefits and life insurance will be extended six (6) months after termination, or when replaced by another employer, whichever first occurs. You may terminate this Agreement for any reason, provided you first furnish the City with at least thirty (30) days' advance notice. 15. Indemnification and Bond - The City will defend, save harmless, and indemnify you against any tort, professional liability claim or demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of your duties as City Manager. This provision will not apply with respect to any intentional tort or crime which you may commit or to any punitive damages which may be assessed against you. The City will bear the full cost of a fidelity bond in the amount of $100,000.00 or any other bonds which may be required of you in the performance of your duties as City Manager. AGREF. MENT/APPOINTMENT AS CITY MANAGER June 13, 1990 Page No. 5 16. Miscellaneous - Except as otherwise provided in this Agreement, you will receive all benefits to which executive management employees of the City are entitled. In addition, the City will not, at any time during the term of this Agreement, reduce your salary, compensation, or other financial benefits, except to the degree the City reduces such benefits, or any portion of such benefits, for all employees of the City. This offer of employment is made with the approval and authorization of the Temecula City Council. Sincerely, Ronald Parks Mayor ACCEPT~r~: Davm F. DLxon / RP:sjf ,1990 RESOLIYrlON NO. A RESOLIYFION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPOINTING THE CITY TREASURER follows: The City Council of the City of Temecula does resolve, determine and order as WHEREAS, the City of Temecula, California was incorporated on December 1, 1989, as a general law city of the State of California; and WHEREAS, it is necessary that a City Treasurer be appointed immediately in order that the affairs of the City may be properly administered; NOW, THEREFORE, BE IT RESOLVF~D, that the City Council of the City of Temecula does determine and order as follows: Section 1. David F. Dixon is hereby appointed City Treasurer of the City of Temecula to serve at the pleasure of the City Council. Section 2. The City Treasurer will furnish a corporate surety bond to be approved by the City Council in such amount as determined by the said City Council, and it shall be conditioned upon the satisfactory performance of the duties imposed upon the City Treasurer as herein prescribed. Any premium for such bond shall be a proper charge against the City of Temecula. PASSED, APPROVED AND ADOPTED this 10th day of July, 1990. AT~F.~T: Ronald J. Parks, Mayor June S. Greek, Deputy City Clerk [SEAL] 21RF. SOSI~O I 06129190 ~LUTION NO. ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPOINTING THE CITY CLERK The City Council of the City of Temecula does resolve, determine and order as follows: WHEREAS, the City of Temecula, California was incorporated on December 1, 1989, as a general law city of the State of California; and WHEREAS, it is necessary that a City Clerk be appointed immediately in order that the affairs of the City may be properly administered; and WHEREAS, it is the intention of the City Council to appoint David F. Dixon as City Clerk of the City of Temecula.; NOW, THEREFORE, BE IT RESOLVF~D, that the City Council of the City of Temecula does determine and order as follows: Section 1. David F. Dixon is hereby appointed City Clerk of the City of Temecula. PASSED, APPROVED AND ADOPTED this 10th day of July, 1990. ATTEST: Ronald J. Parks, Mayor June S. Greek, Deputy City Clerk [SEAL] 2/RESOS/79 I 07~02/90 ORDINANCE NO. 90-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 2.60 TO THE TEMECULA MUNICIPAL CODE ESTABLISHING A PERSONNEL SYSTEM ENTITLED "PERSONNEL SYSTEM" THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLI~WS: Section 1. read as follows: Sections: Chapter 2.60 is hereby added to the Temecula Municipal Code which shall Chapter 2.60 2.60.010 2.60.020 2.60.030 2.60.040 2.60.050 2.60.060 2.60.070 2.60.080 2.60.090 2.60.100 2.60.110 2.60.120 2.60. 130 2.60.140 2.60.150 System Adopted. Definitions. Administration Competitive Service Adoption and Amendment of Policies and Procedures Appointments. Probationary Period. Status of Present Employees. Demotion, Dismissal, Reduction in Pay, Suspension, Reprimand. Right of Appeal. Lay Off and Reemployment. Political Activity. Contract for Special Services. Appropriation of Funds. Abolishment of Position. 08/27/90 Ordinance No. 90-10 Page 2. 2.60.010. System Adopted. In order to establish an equitable and uniform procedure for dealing with personnel matters and to comply with applicable laws relating to the administration of the personnel process, the following personnel system is hereby adopted. 2.060.020 Definitions. The terms used to administer the personnel system shall be defined in the personnel policies. 2.040.030 Administration The City Manager shall administer the city personnel system and may delegate any of the powers and duties of such administration to any other officer or employee of the city or may recommend that such powers and duties be performed under contract as provided in Section 2.60.130. The City Manager shall: (a) Act as the appointing authority for the City in accordance with §2.08.060Co) of the Municipal Code; (b) Administer all the provisions of this chapter and of the personnel policies and procedures not specifically reserved to the Council; (c) Prepare or cause to be prepared personnel policies and procedures and revisions. The City Attorney shall approve the legality of such policies and procedures and revisions prior to their submission to their implementation; (d) Recommend to the City Council personnel policy issues involving financial commitments such as, but not limited to, pay rates and employee benefit programs; (e) Prepare or cause to be prepared, a position classification plan, including class specifications, and revisions of the plan; (f) Prepare, or cause to be prepared, a plan of compensation, and revisions thereof, covering all classification rifles for authorized City positions. The plan and any revisions thereof shall become effective upon approval of the Council; (g) Have the authority to discipline employees in accordance with this ordinance and the personnel policies of the City; (h) Provide for the recruitment and selection of City employees based upon open or promotional recruitment, and performing any other duty that may be required to administer the personnel system. 06127/~0 Ordinance No. 90-10 Page 3. 2.60.040. Competitive Scrvice The provisions of this chapter shall apply to all offices, positions and employments in the service of the City which offices, positions and employments shall be in the competitive service, except this chapter shall not apply to: (a) Members of the City Council; (b) Members of the appointive boards, commissions and committees; (c) Persons engaged under contract to supply expert, professional, or technical service for a definite period of time. (d) Volunteer personnel, who receive no regular compensation from the City. (e) City Attorney, City Clerk, City Manager, City Treasurer, Assistant City Manager and/or Assistant to the City Manager, City Treasurer, City Clerk; (f) Department Heads and other management positions so designated by the City Manager. (g) Emergency employees who are hired to meet the immediate requirements of an emergency condition such as extraordinary fire, flood or earthquake which threatens life or property; (h) Employees, other than those listed elsewhere in this section, who are not regularly employed in positions. 'Regularly employed in positions' means an employee hired for an indefinite term into a budgeted position, who is regularly scheduled to work no less than forty 940) hours per week and has successfully completed the probationary period and been retained as provided in this ordinance and the personnel policies; (i) Any position primarily funded under state or federal employment programs; (J) by the City Council to be in the classified service at the time of creation or thereafter. Any new position hereafter created by the City Council, unless declared Employees not included in the competitive service under this section shall serve at the wffi of their appointing authority and may be discharged without cause or right of appeal. 0e/27~0 Ordinance No. 90-10 Page 4. 2.60.050. Adoption and Amendment of Policies Personnel policies shall be prepared and may be amended from time to time by the City Manager, subject to the review of the City Council. Any policy matters involving the commitment of financial resources shall be recommended and must be approved by the City Council prior to implementation. The policies shall govern the personnel system, including but not limited to: (a) Preparation, installation, revision and maintenance of a position classification plan covering all positions in the competitive service, including employment standards and qualifications for each class; (b) Preparation, revision and administration of a plan of compensation directly correlated with the position classification plan providing a rate or range of pay for each class; (c) Open and promotional recruitment to fill regular positions; (d) The making of temporary and emergency appointments; (e) Establishment of probationary testing periods; (f) Transfer, promotion, demotion and reinstatement of employees; (g) Evaluation of the job performance of employees; (h) Separation of employees from the City service; (i) Content, maintenance and use of personnel records and forms; (j) The establishment of any necessary appeal procedures. 2.60.060. Appointments (a) Appointments to vacant positions in the competitive service shall be made in accordance with the personnel policies. Appointments and promotions shall be based on merit and fitness. Examinations shall be used in and conducted to aid in the selection of qualified employees, and shall consist of selection techniques which will test fairly the qualifications of candidates such as achievement and aptitude tests and other written tests, personal interviews, performance tests, physical agility tests, evaluation of daily work performance, work samples or any combination of these tests. The probation period shall be considered an extension of the examination process. Physical, medical and psychological tests may be given as part of any examination. 2/Orde/02 06127/~0 Ordinance No. 90-10 Page 5 (b) In any examination, the City Manager or his designee may include, in addition to the competitive tests, qualifying test or tests, and set minimum standards therefore. (e) The appointing authority of employees in the competitive service is the City Manager. The City Manager may delegate the appointing authority to any other officer or employee of the City. 2.60.070 Probationary Period All regular appointments, including promotional appointments, shall be for a probationary period in accordance with applicable provisions of the personnel policies. Determination as to satisfactory completion or extension of said period, and/or rejection of an employee during said period, shall also be consistent with the applicable provisions of the personnel policies and procedures. 2.60.080 Status of Present Employees. Any person holding a position in the competitive service who, on the effective date of this ordinance, shall have served continuously in such position, or in some other position in the competitive service for a period equal to the probationary period prescribed in the personnel policies and procedure for his class, shall assume regular status in the competitive service in the position held on such effective date without qualifying test, and shall thereafter be subject in all respects to the provisions of this ordinance and the personnel policies and procedures. Any other persons holding positions in the competitive service shall be regarded as probationers who are serving out the balance of their probationary periods as prescribed in the personnel policies and procedures before obtaining regular status. The probationary period shall be computed from the date of appointment or employment. All employees as defined under this section are employed subject to the personnel system established herein which in accordance with Government Code §53291, supersedes any other system. 2.60.090 Demotion, Dismissal, Reduction in Pay. Suspension, Reprimand. The City Manager or any appointing authority shall have the authority to demote, discharge, reprimand, reduce in pay or suspend any regular employee for cause in accordance with procedures included in the personnel policies. 2/OrdW02 06127/~0 Ordinance No. 90-10 Page 6 2.60.100 Right of Appeal Any employee in the competitive service shall have the right to appeal a demotion, reduction in pay, suspension exceeding five (5) days, or discharge for disciplinary reasons, except in those instances where the fight of appeal is specifically prohibited by this ordinance or the policies and procedures adopted thereunder. All appeals shall be processed in accordance with the requirements and the procedures as set forth in the personnel policies and procedures adopted pursuant to this ordinance. 2.60.110 Lay Off and Reemployment Lay off and reemployment actions shall follow the process outlined in the personnel policies. 2.60.120 Political Activity The political activities of City employees shall conform to the pertinent provision of state law and any local provision adopted pursuant to state law. 2.60.130 Contract for Special Services The City Manager shall consider and make recommendations to the City Council regarding the extent to which the City should contract for the performance of technical personnel system. The City Council may contract with any qualified person or public or private agency for the performance of all or any of the following responsibilities and duties imposed by this ordinance. 2.60.140 Appropriation of Funds The City Council shall appropriate such funds as are necessary to carry out the provisions of this chapter. 2.60.150 Abolishment of Position Whenever in the judgement of the Council it becomes necessary in the interests of economy or because the necessity for the position involved no longer exists, the Council may abolish any position or employment in the classified service and discharge the employee or officer holding such position or employment." 06127/90 Ordinance No. 90-10 Page 7. Section 2. SEVERABILITY. The City Council hereby declares that the provisions of this Ordinance are severable and if for any fearn 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 3. 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 the same to be posted in the manner prescribed by law. PASSED, APPROVED AND ADOP'rle. D this th day July, 1990. ATTEST: Ronald J. Parks Mayor June S. Greek, Deputy City Clerk [SV_ L} STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF TEMF, CULA ) I, June S. Greek, Deputy City Clerk of the City of Temecula, do hereby certify the foregoing Ordinance No. 90- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 26th day of June, 1990, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the ~ day of ,1990, by the following vote, to wit.' COUNCILMEMBERS: NOES: COUNCILMEMBERS: COUNCILMEMBERS: APPROVED AS TO FORM: June S. Greek, Deputy City Clerk Scott F. Field, City Attorney 0e/27/~0 CITY OF TEMECULA AGENDA REPORT HTG: DEPT: 7/10/gC TITLE: [at~ieen Wa~ Bt~eet Na~e change Bngrng. OEPT HD CITY ATTY CITY HGR RECOMMENDATION: Continue this matter to the meeting of July 24, 1990. BACKGROUND: Staff is still working with the Post Office to determine that the postal authorities do not have a problem with this name change within this.zip code area. FISCAL IMPACT: No direct fiscal impact anticipated. JSG C¥"r'~' C)~'- .-T ~.I~__..CL.I LA CITY OF TEMECULA AGENDA REPORT AB#: HTG: DEPT: 7/10/9¢ TITLE: Appropriation of Fundo for ~u~ohase C.H. of city Hanager'o Vehicle DEPT HD " CITY HGP, /~ RECOHNEHDATION~ Authorize budget appropriation of $20,500 for the purpose of purchasing a vehicle for the use of the City Manager from account no. 001-160-42-5608, said funds to be transferred from Reserve for Contingency (account no. 001-905). B&CKGROUND~ City Council approved a bid in the amount of $20,500 for the purpose of purchasing a vehicle for the use of the City Manager at the meeting of July 3, 1990. This amount was not included in the Fiscal Year 1990-1991 budget. Pursuant to Council's direction this requires a budget transfer which is requested for approval at this time. FISCAL IMPACT~ Requirement for budget transfer in the amount of $20,500. JSG RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT Ao follows: The City Council of the City of Temecula does resolve, determine and order as 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 amount of $46,562.61. Section 2: The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED this 10th day of July, 1990. ATTEST: Ronald J. Parks, Mayor June S. Greek, Deputy City Clerk [SEAL] 2/Resos/85 07/05/90 6:52p~ m~.~o ~ ~ m~: m ~ ~0 ~ ~ ~m m Z ~ m ill m e, ~n ~ "O ~0 I'O I~ 0 0 'n t m Z .-I 0 ,-,n 0 0 ~o a~ ~ O~ 0 0 '~ '.4 0 o oo0o 0 o o o o o o o o 0 o o ~ o o ~ o o 0 o o 0 o o o o oooo ~ o o o o o ~ o ~ o o ~ g g ~ § g o g ~ o ~ o o o o oooo o o o o o o o o o ~ o o ~ 0~ ~ ~ 0 0 0 0 0 0 o 0 0 o to .1~0 : O~ - 0 0 0 0 ',,,4 0 ~0 foO 0 0 0 0 0 ,%1 0 O~ 0 0 0 o 0 to 0 0 o o 0 0 OX 0 ! '~m ~0 ~.x o o o o~ 0 0 0 0 ~X O~ om m Z 0 oo ~ o -n 'D m m "U m m g~ ,.,. :1.'!1 ~m z z m m o om -n o iD -.I ~0 o ooooooo-- 000~ O0 000~0 ~~ 000 i , ~ z m ooooooo~ ~o~ o0oo0oo o t C o~ 9o~ o Z m mm · ~ m mmmm~ m mm · m ~ o ~ -- -~ m ~ ~mmm ~ o nn o o ~nnn~ 0 m z · . o 0 o o 0o 0 o 0 o o o o oo o ¢ ¢ 0 O 0 . '.. o 0 o :, o ~. I~ 0 ~D 0 ~Z o C r -< 0 r Z 0 0 c ,.i. RIVERSIDE COUNTY FIRE DEPARTMENT IN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION GLEN J. NEWMAN FIRE CHIEF June '29, 1990 ;~\ ,' ,It ' 5 ~0~ \\\\2,OWESTSANJACINTOAVENUE ~ ~::' ~U~- - ~.~B 1 FERRIS, CALIFORNIA 92370 '. ~ ~ ~,~~ TELEPHONE: (714) 657.3183 Dear Property Owner; Recently you received a letter changing the date of the City Council meeting. The City Council meeting of June 26, 1990 has been continued to July 10, 1990 at 7:00 P.M. due to a technical error. Because of the continuation of the meeting we will not be starting our weed abate- ment until July 11, 1990. If your property has already been cleared, please disregard this notice. We appreciate your cooperation in this matter. If you have any questions regarding this matter, contact Cheryl Cervantes or Paul Smith at Fire Prevention at (714) 275-4788. Sincerely GLEN J. NEWMAN County Fire Chief By: Paul Smith Fire Captain Specialist Notice of Public Hearing, THE CITY OF TEMECULA 43172 Busin~ Park Drive Temecula, California 92390 A PUBLIC ItEARING has been scheduled before the CITY COUNCIL to consider the matter(s) described below. The City Council of the City of Temecula i~_~_~'sed Resolution No. 90-55 declaring that noxious or dangerous weeds growing upon or in front of property specified in said resolution constitute a public nuisance which must be abated by the removal of said noxious or dangerous weeds. Otherwise they will be removed and the nuisance will be abated by the city authorities, in which case the cost of such removal shall be assessed upon the lots and lands from which or in front of which such weeds are removed and such cost will constitute a lien upon such lots or lands until paid. Reference is hereby made to said resolution for further particulars. Any person may submit written comments to the City Council before the hearing(s) or may appear and be heard in support of or 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(s) described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing(s). The proposed project application(s) may be viewed at the public information counter, Temecula City Hall, 43172 Business Park Drive, Monday through Friday from 9:00 AM until 4:00 PM. Questions concerning the project(s) may be addressed to Samuel Reed, City of Temecula Planning Department, (714) 694-1989. The time, place and date of the hearing(s) are as follows: PLACE OF HEARING: DATE OF HEARING: TIME OF HEARING: Temecu!a Community Center 28816 Pujol Street Temecula Tuesday. July !0, 1990 7:00 PM AGENDA REPORT AB#: it TITLE: DEPT HTG: ~,;/i)-qo TENTATIVE PARCEL MAP NO. 21383 CiTY DEPT:~,,~,~ SECOND EXTENSION OF TIME CiTY HGR Recommendation That the City Council SET FOR HEARING the second extension of time request for Tentative Parcel Map No. 21383 on July 2q, 1990. Prolect Information Request Filed: Case No.: Applicant: Representative: Proposal: Location: Zoning: Surrounding Zoning: Surrounding Land Uses: Project Statistics: County Planning, February 23, 1990 Tentative Parcel Map No. 21383, second application for a one year time extension. Rancho Core Associates No. 1 NBS/Lowry Second extension of time request for Tentative Parcel Map No. 21383, 130 industrial lot subdivision on 16q acres. Northwest corner of the intersection of Winchester and Diaz Roads. M-SC North: South: East: West: M-SC '*' M-SC R-R, M-SC R-A-20 North: Vacant South: Industrial Park East: Murrleta Creek West: Hillside/Vacant Tentative Parcel Map for 130 industrial lots on 16q acres. The minimum proposed lot size is one (1) gross acre. Project B~ck.~round This project was originally approved by the Riverside County Board of Supervisors on March 2q, 1987. The first extension of time was applied for on March 16, 1989 and was approved on October 2~, 1989. The second extension of time was applied for at the Riverside County Planning Department on February 23, 1990. The case was then transferred to the City of Temecula with a RECEIVE and FILE recommendation. CITY OF TEMECULA AGENDA REPORT TZTLE: FINAL TRACT MAP 2330~ DEPT HD ~ CZTY ATTY CZTY HGR/'~¢,~ RAco.,mendation That the City Council CONSIDER the results of the Traffic and Drainage study authorized on June 15, 1990, APPROVE the findings contained in the Staff Report and SET additional Conditions of Approval for the Tract 23304, APPROVE an agreement for storm drain easements across the tract, and APPROVE Tract 23304, based upon the attached revised Conditions of Approval. Discussion Tentative Tract 23304 was originally submitted to the County of Riverside Planning Department on December 29, 1987, and was approved by the Board of Supervisors on May 10. 1988, The tentative map was approved as a condominium project, subject to the provisions of Section 18,5 (Planned Residential Developments) of Ordinance No, 3q8 and Section 5,4 of Ordinance No, 460 (Vesting Tentative Maps). The applicant, however, has indicated the project will not be constructed as condominiums. but rather as apartments, The applicant is the I DM Corporation, The project site lies in an area of gently rolling terrain which is undergoing extremely rapid urbanization. An apartment project I Woodcreek Apartments) is constructed and occupied to the west. A single family development and linear three-acre park has been developed to the east. One older residential structure is within sight of the project to the north. A horse farm exists to the south across Rancho California Road, but is surrounded by single family residential development. Rancho California Road is a major east/west artery in the City. This project lies on the north side of Rancho California Road and has three access points from that road. A traffic study was not performed for the project when the project was originally approved by the County of Riverside. Due to previous testimony on this tract at-previous Council meetings, on June 15, 1990 the City Council authorized Willdan Associates to investigate potential hydrology and traffic issues related to this tract. A Benefit District (reimbursement district) has been approved by the City to engineer and construct street improvements on Rancho California Road between Via Los Colinas and the eastern boundary of the project. The applicant is conditioned to design and construct street and drainage improvements as part of this project and is not a part of the benefit district. The Project Engineer, Robert Bein, William Frost F~ Associates, has identified a severe drainage deficiency in the area encompassed by the Benefit District, which creates hazardous sump conditions on Rancho California Road during the 100 year storm. The street/project design by the applicant has not addressed this condition. At this time the exact structures necessary to alleviate the drainage problem have not been designed. However, the applicant is willing to record an agreement with the City for the purpose of establishing said easements at such time as they are needed. The agreement is attached for Council consideration. The traffic issues have been addressed in an attached report by Willdan Associates and are categorized as follows: 2. 3. Left turn movements into the project Left Turn movements out of the project Driveway access points on Rancho California Road Deposit of funds in a Road Benefit Fund. The following findings were made in the Traffic Study: 1. Pre-project traffic volumes already have a significant impact on Rancho California Road. 2. Without significant improvements to Rancho California Road post- project traffic will operate at level of service '~E%r worse. 3. The anticipated traffic volumes generated by the proposed development amount to approximately 7% of the total traffic volume at the intersection of Moraga Road and Rancho California Road during the P.M. peak period. Based on the findings, the following additional conditions of approval are needed to approve the Project: A. Off Site improvements and Conditions 1. The applicant shall pay $4,500.00 toward the cost of striping and signing Rancho California Road between Moraga Road and Cosmic Drive. The amount represents the cost of striping and signing one eastbound through lane, two westbound through lanes, and one continuous left turn lane. 2. No building occupancy shall be issued to the applicant prior to the construction of Rancho California Road to its standard half width from Moraga Road to Cosmic Drive. 3. At the time that a Certificate of Occupancy is issued, the applicant is required to deposit an amount of $10,000.00 to a newly approved City ~Road Benefit Fund. The Development Impact Fee Study currently being prepared by Willdan Associates will determine an equitable fair share of the developer's cost of improving regional traffic facilities based on the number of vehicles which will be generated by the project. 4. Road Department Condition No. 5 shall be modified to read: ~'PRIOR to issuance of Building Permits, Rancho California Road shall be improved with concrete curb and gutter located 43 feet from centerline and match up asphalt concrete paving; reconstruction or resurfacing of existing paving as determined by the Road Commissioner within a 55 foot half width dedicated right of way in accordance with County Standard No. 100." 5. Prior to issuance of building permits, a raised median island with left turn pockets will be constructed on Rancho California Road in accordance with County Standard 100 and Additional Condition No. 1. B. On Site Improvements and Conditions 1. The center driveway will provide the main access to the development. Left turn movements will be allowed only at this driveway in and out of the development to Rancho California Road. 2. The curb radii of the center driveway shall be increased to 35 feet to accommodate the required turning radius for a fire truck. 3. The width of the center driveway shall be increased to 24 feet to accommodate two twelve foot lanes. 4. The center driveway should be free of any control such as gates or fences. Fiscal Impact The developer has posted the following bonds for the project: Faithful Performance Material ~; Labor Improvements Security Security Streets and Drainage 237,500 233,750 Flood Control 230,000 ~ 467,500) Water 136,500 68,250 Sewer 59,000 29,500 663,000 331,500 The following fees have been paid by the developer for this project: Fee Signal Mitigation Drainage Fee Inspection *Development Impact Amount 48,160.00 21,053.88 32,625.00 *Paid at issuance of building permits. Staff recommends that the City Council consider the results of the Traffic and Drainage Study authorized on June 15, 1990, set additional Conditions of Approval for Tract 23304, approve an agreement for storm drain easements across the tract, and APPROVE Tract 23304, based upon the attached Conditions of Approval as modified. TRAFFIC ENGINEERS REPORT RANCHO VALANCIA DEVELOPMENT TRACT i= 23301~ The City has directed the staff to conduct a traffic impact study for Rancho Valancia Development. The City Staff completed the study based on: the proposed site plan of the proposed development. projected traffic growth in the area for the year 1991. expected completion date of the project. and planned and to be completed developments by 1991. These three items will have a direct impact on the traffic operation and level of service in the Rancho California Road Corridor from 1-15 to Moraga Road. The study results show that pre-project traffic volumes already have a significant impact on the Rancho California Road traffic operation. Without significant improvements to Rancho California Road, post-project traffic will operate at a level of service "E" or worse. The anticipated traffic volumes generated by the proposed development amount to approximately 7% of the total traffic volume at the intersection of Moraga Road and Rancho California Road during the P.M. peak period. Therefore, based on the result of the traffic impact study, the following on-site and off-site improvements are recommended for Rancho Valanchia Development: A. Off Site Improvements and Conditions 1. the applicant shall improve Rancho California Road to q3 feet of paved roadway width on a 55 feet of right of way measures from the centerline of existing roadway. The applicant shall provide any widening, as approved by the City Engineer, at no cost to the City or any other government agency. 2. The applicant shall pay $~,500.00 toward the cost of striping and signing Rancho California Road between Moraga Road and Cosmic Drive. The amount represents the cost of striping and signing one eastbound through lane, two westbound through lanes, and one continuous left turn lane. 3. No building occupancy shall be issued to the applicant prior to the construction of Rancho California Road to its standard full width from Moraga Road to Cosmic Drive. t~. If a fair and equitable share of the developer's cost of transportation improvements has not been determined at the time a Certificate of Occupancy is needed, the developer shall be required to deposit $10,000.00 into a City established Road Benefit Fund. The developer is also required to sign an agreement with the City to either pay an amount or receive a refund equal to the difference between his estimated fair share and the amount of deposit with the City. B. On Site Improvements and Conditions 1, The center driveway will provide the main access to the development. Left turn movements will be allowed only at this driveway in and out of the development to Rancho California Road. 2. The curb radii of the center driveway shall be increased to 35 feet to accommodate the required turning radius for a fire truck. 3. The width of the center driveway shall be increased to 2q feet each way to accommodate two twelve foot lanes. t~. The center driveway should be free of any control such as gates or fences. 'l _J .J .J J J J'LL-B3-'9~ TUE 13:44 ID: [DM CO!~[!~TION TEL N0:21:~.-498-9312 1:I'72~ 1:~2 ....... ,'~' F~H~NT AG3~H~NT CR~i~This Ea.me~u. nt Agreement ("Agreement") is entered into ~his day of ~o\~ , 1990, by and between ~ corporation, a fo~a Gumption (uI~"), and the C~ty of T~eoula, a ~n~olpal co~a~lon, ~a~ ~ro~ 1es cl~y co~oll W~ terence to the followlnq~ A. I~( is the ~wner of certain real proper~y commonly knowA aS ~lubvalencia, 30100 Rancho California Road, in the city Of Tomscala, Riverside County, California, am nero particularly dosorLbed on the attached Exhibit & ("~he propor~yH). Propercy in the form of an easement ("the Easement") for the purpose of access to and constructing, operating and maintaining and ed~acont to the Proper~, the terms and conditions set forth ~n th~s Agreement. NOW, T~REFOR~, the parties hereto agree as follows: 1. ~r'2~ OT tnna~en~. For valuable consideration0 I~Nhero~y grants ~o'city an Easemen~ as shown on ~he attached ~ratn ~ar or on ~e western bou~da~ O~ ~e ~oper~y, a new le- Arich 8~o~dra~n ~o ~ l~a~od appr~lmatel~ ~rallol ~o the oenter ll~ of ~e ~o~y, and for operation and aaint~ce dams p~Aor ~o co, enGine o~ const~ction on such wate~ drai~ge ~aoil~es. ~e per,los agree ~ fu~her define and opeo~fy ~o boundaries of ~he Easement by amending ~hts Aqree~en2 prior to the oc~en~ma~t ~£ oozetruer[on as set forth herein. ~. Access to PrOperty. IDMwlll allow assess to City ~or the naln~enance of wa~er drainage facill~os a2 all pr_ov~ded thg. t City shall provtd~ at least thirty (30) days prior written notice to II~4 of any naintenanca which is not due TEL NO: 21~-4519-8:312 ex:Letez~ o£ an im~z-qsnc=¥ s:Ltuatd-ono Z~ I~1 no~ co~l~ any lap~~nts willa the easeae~t vhich would im~de ~e o~at~ ~lnte~e or repair o~ ~e va~a~ a~$~l p~i~d hov~er, that this l~ttatton ~11 not a~ly ~o the oo~lt~ctton of la~api~. 3, encroq~Bjll~. For valuable consideratton~ City agrees ~o alloy lD~4~o-~ro&oh upon thl Easement in connlc~cn_ With itl centtraction of improveneats, including but not l~uitea to utilitiaa, on the Property. 4. Copo2ru~cion, Reoa4r An~ Uointenanceo City Ghal! be responsible £oz any and all surface'improvement restoration necoseaL~y as a rmsult of any oonstruati0n, ol~ration or maintenance o£ its vater drainage facilities, including but not limited to asphalt, concrete and landscaping restoration, Vltioh is debased due to avatar Bain break or any City repair, mainteniJ~e, operation, inspection or o~har activity. Tn addition, City shall not under~ake any construc~ion, repair or maintenance activities vhich will prevent any of ZDH'S tenants fram entering, using or leaving ~e Property and any of the aEmrlment units located therein. S. xn~J~iA47r~-nt. This ins~rument contains the entire Agreanan~ between the par~ies relating to the rights herein granted and the obligations herein assumed. Any oral ~epresentations or uodlf£catione concerning ~hia Agraanent shall not be o£fe~ttvo unless made in writing and executed by ~Ae parties hereto. of ~hie Agreement, the prevailing par~¥ shall be antitied to ~ts reasonable attorney's ~oes and costs. 2 ZDI( OORI~I~ZON, a CalL£ornia aorpoz~t~on ~ CITY OF TEH~CUI~ & mm:~e:ipal corporatLon $LL-~3-'9~ TUE 't3:46 ID: [DI'I CORPORRTION TEL NO.'21:.'.'.~491~-EG~.2 t1'7"2~ ~ TEl. NO: 21:3'-49~--E1:~12 ZIMi CX)BJ'O/L1LT'3:O~ TiT,,1EC~oIrXIsB TPJLM&liX BBXO~ July 3, !ggo Doug Stewart 1~:0o '~313m (m) CITY OF TEMECULA t (71#J 69q- 1999 Bill ~hlan/Project MBniger Mary _Ann DunKInlofi ! Slcret~-v 'ff~[ OOR~.OI~IuJ:O~I / Amef't, menta .Cor, poemlo~ mhouXd you enoountez a~,-,&t'~msLon defauXt o:~ rooe~ve al1 pages; please ~u~ ~ry Ann Ounkin~ at ~13/40B-OXdX, ext. 11~ · ~.obe~t ~l~eii1, Willia= CFrost ~ c~ssociat=s PLANNERS&SURVEYORS .~j"~ r-- ~!! -'~ PROFESSIONAL ENGINEERS, ~., ]; JUN. 6 1990 ': LETTER OF TRANSMITTAL _ ~1 ~":~.~£- Rich Engineering Co. TO: 3050 Chicago Ave., Suite 100 Riverside, CA 92507 A1-FN: Mike Ratican DATE RBF JOB NO. DESCRIPTION June 6, 1990 24255 Rancho California Road Benefit District WE ARE FORWARDING: ~ BY MAIL [] BY MESSENGER [] BY BLUEPRINTER NO. OF COPIES DESCRIPTION Easement Plan For Club Valencia STATUS: [] PRELIMINARY [] REVISED [] APPROVED- [] RELEASED [] REVIEWED SENT FOR YOUR: [] APPROVAL [] SIGNATURE X]~ USE [] FILE X]I INFORMATION PLEASE NOTE: [] REVISIONS [] ADDITIONS [] DELETIONS [] CORRECTIONS [] NOT FOR CONSTRUCTION COPIES TO: Doug Stewart - City of Temecula ROBERT BEIN, WILLIAM FRQST & ASSOCIATES Richard Heffner / ~ /jv Project Engineer Temecula Office m 28765 SINGLE OAK DRIVE · SUITE 250 ° RANCHO CALIFORNIA, CALIFORNIA 92390 · (714) 676-8042 · FAX (714) 676-7240 OFFICES IN IRVINE · NEWPORT BEACH · PALM DESERT' SAN DIEGO OFFICE OF THE ROAD COMMISSIONER AND COUNTY SURVEYOR COUNTY OF RIVERSIDE Ivan F. Termant Acting Road Commissioner County Administrative Center Mailing Address: PO Box 1090 Riverside, CA 92502 Telephone (714) 787-6554 May 10, 1990 SUBMITTAL TO FRANK ALESHIRE, CITY NC~NAGEROF THE CITY OF TEMECULA FROM: Acting City Engineer for the City of Temecula SUBJECT: Tract Map 23304 in the First Supervisorial District SPECIFIC REQUEST: Pursuant to the Subdivision Map Act and local ordinance it is REQUESTED that the City Council approve said map. All required certificates and documents have been filed and the map is ready for recordation. IFT:GAS:MSB:rdb Acting City Engineer The City of Temecula Re: Tract 23304 2 May 10, 1990 The developer wishes to enter into the following agreements to cover the improvements within this subdivision for: IMPROVEMENT OF STREETS (Bond No. 4349) WATER DISTRIBUTION SYSTEM (Water to be supplied by Rancho California Water District) (Bond No. 4349) SANITARY SEWER SYSTEM (Service to be provided by Eastern Municipal Water District) (Bond No. 4349) SETTING OF LOT STAKES AND SUBDIVISION MONUMENTS (Bond No. 4351) MATERIALS AND LABOR (Bond No. 4349) in the amount of $26,500 is also attached. SECURING TAXES, (Bond No. 4350) The above referenced bonds are issued by Pacific States Casualty Company. This map complies in all respects with the provisions of Division 2 of Title 7 of the Government Code and applicable local ordinances. The dedications made on said map are for: Abutters rights of access along Rancho California Road is dedicated to public use and as part of the City maintained road system. Lot "A" is dedicated to public use for the construction and maintenance of flood control facilities. Public utility easements and drainage easements are dedicated to public use. OFFICE OF ROAD COMMISSIONER & COUNTY SURVEYOR l~m E Tenrant ~ so~ CO~mmS~ONER ~. ¢o~r~ s~mv~YoR April 19, 1990 COUNTY ADMINIST~AT~VE CENTER MAILING ADDRF~: !~O. BOX 1090 RIVEI~!DF., CALII:ORNtA 92502 (714) 275-688O TO' FROM: Re: County Counsel County Surveyor and Road Commissioner Subdivisions Tract No 23304 The following are hereby submitted to your office for approval as to form: Agreements Bond No. Amount Streets XXX 4349 $237,500 Water XXX 4349 $136,500 Sewer XXX 4349 $ 59,000 Monuments XXX 4351 . $ 1,596 Material and Labor 4349 $216,500 Othe~ - Taxes 4350 $ 95,700 The amounts in the agreements and bonds have been checked by this office and are correct as shown above. Developer for this tract: IDM Apartments Corporation 5150 E. Pacific Coast Highway Long Beach, CA 90804 Bonding Company: Pacific States Casualty Co. 4021 Rosewood Ave., 3rd Floor Glendale, CA 90004-2932 By: PLEASE CALL THIS OFFICE WHEN READY Extension - 56751 Attacl~ments I NTE FI- D I PA FITM E NTAL. I. BTTE FI COUNTY OF RIVERSIDE SURVEY DEPARTMENT Original and DPH for PH~ No. ~O ~/ were submitted to the Survey Dept. on All clearances required by the Survey Department have been completed. Clear~/~'is still required from: /~ L~J Health Dept. ~1ood Control DATE TO: May i0, 1988 Surveyor Road Building & Safety Flood Control Heal th Fi re Protection ::iiVE::DiDE county PL, nnin DEPA:IClltEnc JUN2 0t9[18 -'" RIVERSIDE COUNTY ROAD ~EmART~ENT TENTATIVE TRACT/PARCEE MAP NO.2330A REGIONAL TEAM NO. I The Riverside County F-~ Planning Director/n~]Board of Supervisors has taken the following action on the above referenced tentative map: XX APPROVED tentative map subject to the attached conditions (no waiver request submitted) DENIED tentative map based on the attached findings. APPROVED tentative map subject to attached conditions and DENIED request for waiver of the final map. APPROVED tentative map and APPROVED request for waiver of the final map. APPROVED Extenslonmf Time to all previously ap~r6ied,',conditions. "~ APPROVED ';t,., Extension/of-Time-to ...... ~~ , ., all previously app~ve~.~ond~ti~n~: and. the attached ~d,~t~"~] conditions. DENIED Extension of APPROVED __ APP~VED H~no~ Change to r~k~.~d"6bi~al]y appmved conditions as shown (attached). APPROVED HSno~ Change to revise originally approved mp (attached). subject to subject to ,., DENIED request for Minor Change. APPROVED Minor Change to waive the final map. RJM: sc Very truly yours, RIVERSIDE COUNTY PLANNING DEPARTMENT Roger S. Streeter, Planning Director Richard .~MacHott - Supervising Planner SURVEYOR - WHITE (~.eV. 10183) ROAD - BLUE HEALTH - PINK BUILDING & SAFETY - GREEN FIRE PROTECTION - GOLDENROD FLOOD - CANARY 4080 LEMON STREET, 9'r" FLOOR RIVERSIDE, CALIFORNIA 92501 (714) 787'6181 46-209 OASIS STREET, ROOM 304 INDIO, CALIFORNIA 92201 (619) 342-8277 ~ _ PINKS~ SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA FROM: THE PLANNING DEPARTMENT SUBMr!TALDATE: SUBJECT: TRACT NO. 23304 - The Phair Company - F'irst Supervisorial District - Rancho California Area - 20.95 Acres - 344 Units - Schedule A - R-3 Zoning RECOMMENDEDMOTION: GN: sc 4/14/88 RECEIVE AND FILE the above mentioned case acted on by the Planning Commission on April 13, 19B8. THE PLANNING COI~ISSION: ADOPTED the Negative Declaration for Environmental Assessment No. 32327 based on the findings incorporated in the environmental assessment and the conclusion that the proposed project will not have a significant effect on the environment; and APPROVED TENTATIVE TRACT NO. 23304 subject to the attached conditions and based on the findings and conclusions incorporated in the Planning Conmission minutes dated April 13, lg88.' Ro~er S. Str/~et~rF PlanniyDire~'r ~ Prey. Agn. re/. Depts. Comments Dist. AGENDA NO. R~ERSIDE COUNTY PLARNII~ COlII4I$SION RINUTES APRIL 13, 1988 (JIGERDA ITEH4-1 - REEL 980 - SIDE 1 - 1393-1544) VESTING TRACTRAP23304 -EA32327 -ThePhatrcomoany-Rancho California A~ea -Ftrst Supo~vtsort&l Dtstrtct- ~orth of Rancho Caltforota Rd, east of I~raoa IM- 344Untt condoMntuml)roJect on 20.95t acres - R-3 Zone. Sched A Tim beartrig ds opened at 11:40 a.~ end closed at 11:64 a,u. STAFF REC~IkI~MTION: Moptfon of tbenegattve declaration for EA32327 and epprovt] of Vesting Tentative Tract 23304 subject to the proposed conditions. The trect mp ms a resubmttt,1 of a previously approved tract, and had been submtttod tn order to g~tn vesttag stJtus. Staff felt the proposal ~ould be compatible vtth the surrounding area, vhtch tncluded stngle famtly and · ulttple flatly residences, offtces, schnols, and churches. ~r. Nee1 noted that the ftsca~ tmpact report had Indicated the project you, d have a negattve t~poct on the County of S91,369 durtng butld out and S85,648 &nnua~ly there- Ifter, based one selltag prtce of S58,571 per untt. Rodney Heye~s, representing the applicant, accepted the conditions as presonted. ComtsstonerPurvtance vented to knov boy the County vould be cmpensated for the negattve ftscal tmpicts under the vesttag trect mp procedure. fir. K1otz advtsed there mre no spectal conditions applicable only to vesting tentative mps. The Board ms currently considering the Countyvide ~eveloment ~tttga- tton Fees, but no dectston had been mde as yet. ~hen Commissioner Pu~vtance asked about the posstble use of general ob]tgatton bonds, Hr. K1otz advtsed this optton had been considered by the Admlntstratton 0fftce tn thetr recmmended fee propose~. They had trted to fatfly apportion the cost of new captt41 facilities betveen extsttng and nay residents. CoawlsstonerOonahoe asked ~hether these fees ~ou3d app3y to approved vesttag tentattvemps. ~. Klotz could not answer thts question, slnce the ftna~ structure of thts program had not as yet been datemined. Conntsstoner Beadllng felt the Commission needed general guidelines before discussing financial tmpacts, because every pro~ect could not posstbly pay for ttself. The Comtsston needed tnfomitlon on a ragtone1 bests, tn order to balance postttve end negattve projects. She dtd ~ot thtnk tt ms posstble to deteredna the full financial Impict Mthout thts type of raglone1 tnfon~tton. Nr. K1otz advtsed thts ms port of the process for the proposed Countyvide fees. is port of the proposal ms use an everaging Mdllng felt thts should be done ~ process. C~mtsstoner a ragtonal b&sts rather than Countyvide& she ms particularly concerned about ireas Vhtch Mght Incorporate as thts could destro~ the billace tn that plrttcul&r ragton. Hr. Streeter agreed, and Idvtsed the Planntng Department ms trytag to prepire the first annual grovth report ~or the Board. He ~elt tt ms very necessary to look it the overa~ ptcture, end questioned the v&lue of these Individual ftscal tmpact report I1though he felt they vere needed it thts ttme. Cm~Isstoner aresson asked vhether a~y esttmted ftgures vere available regarding the vestt~ mp f~s for ~ts ty~ of p~J~t. ~r. K1o~ advtsed ~e p~posK ~se fee for t~ ws~ ~ton of ~e ~unty mS approxtmtely 15 RIVERSIDE COUNTY PLANNING CQI~IISSIOfi #INIJTES APRIL 13, 1988 600 Nr untt, Ilthoegh he dtd knov vhether there weuld be I~y reduction r &partmats or condmtnlum. ~ Conntsstoner Beadllng's concerns by &dvtsteg that to a ver~ 1tatted extent, separating the eastern frmn the western pert1.· of the County. there had been an art·apt to segregate cepttal Ceciltries needs. Comtsslmer aresson asked vhether any all,vance had been male for vesttag mp fees Wen preparing the fiscal analysts report. ~eff Phitr. the applicant, Idvtsnd theY dtd not knw the mount of the fee but were vtllfnq to accept mount estab31shed. The cu~nt proposll wes $2600 per untt. vhtch weuld take the fee approxtmtely $900,000 for thts j~o:Ject. ~. Phetr could not edvtse uhether or not thts mount had been tncluded tn the ftscll analysts, as they had Just racetveal thetr ~py thlt morntnq ind hid not hid in opportunity to revtev tt. They were pa)~ng ipproxt~ately S1.4 ~tllton tn dtrect fees for wetor, sewer, roads, etc. The hearJng wes closed it 11:54 I.m. Comdsstoner Bresson advtsed the project slte yes located tn a fist grwtnq Irel. and several tndustrtll/cmmerctal centers vere hatrig proposed v~tch Mould have a beneficial effect on the economy. Zn hts optnton. the overall area had to be considered vhen reviewing reside·till propos&Is. FINDINGS AND CONCLUSIONS: Vesttng Tentative Tract HaD 23304 ts a request to develop 20.95 acres is · one lot, 344 untt statutory condo~Intu~ project; thts vesttrig mp ls a resubmtttal of Tract 21608 (approved hy the Board of Super- vtsors October 28, 1986); the project stte ts currently vacant; surrounding lind uses tnclude stngle flmtly Ind multtple family residences, offlces, schools. and churches; the project stte ts zoned R-3; surrounding zentn9 tncludes numerous residential zones. A-2-20 Ind C-l/C-P; the project stte ts located vtthtn the Rancho California Subarea of the Southwst Territory Land Use Planntng Area; Ganifil Plan poltctes call for Category I and II develop- ment; · ftsc&l analysts ,as prepared for thts project and had been revtewd by the Administrative Office; Ind environmental concerns tncluded ~ount Palomar. biological, and nots· tmpacts. The proposed project ts consistent vtth the Comprehensive General Plln; compatible Mth area development; and environmental ceecerns cln be adequately iddressed. The proposed project wtll aot have a significant effect on the envtromeent. PlOTION: Upon not1.· by Commlsstoner Bresson, seconded by Co~qtsstoner Beadltng and duly carried. the Comtsston Idoptod the nagarty· decllrltton for EA 32327 and approved Vesttag Tentlttve Hap 23304 subject to the proposed conditions, based on the above ftndtngs and conclusions and the recomenda- tlons of stiff. 16 · RIVL~t$IDE COONTV PLA~ING C~I$$I0~ 8INUT~$ APRIL 13, 1988 AYES: Cmntsstonev's Bresson, SMth, Beldltng and Oonahoe Conntsstone~' Perv~ance (Could not support a tract map Vlth · large negattve ftscal t~pact untt1 tnfo~tton ~s available ~ s~ a ~la~e ~ a ~t~al ~sts) ABSENT: None 17 Zonlng Area: Rancho California Supervtsortal District: Flrst £. A. Number: 32327 Regtonal Team No. ! VEST[lIB TE]ITATIVE TK4C[ Z3304 Planntng Commission: 4-13-88 Agenda Item No.: 4-1 Applicant: Engineer: Location: 5. Extsttng Zontng: 6. Surrounding Zoning: 7. Existtrig Land Use: 8. Surrounding Land Uses: Comprehensive General Plan Elements: 10. Land Dtvtston Data: 11. Agency Recommendations: 12. Letters: 13. Sphere of Influence: The Phatr Company The Phatr Company 344 unit condominium project Northerly of Rancho California Road and easterly of Moraga Road R-3 Variety of residential zones, A-2-20 and C-1/C-P Vacant Single family residential, multiple family residential, a school, churches and a horse faro Land Use: Category I Density: 8 - 20 dwelling units per acre Total Acreage: 20.95 Total Units: 344 DU Per Acre: 16.42 See letter dated: Road: 2-18-88 Health: 2-26-88 Flood: 2-26-88 Fire: 3-01-88 Opposing/Supporting: None received Not within a city sphere NIALYSIS: JProJectl)escrtptton Background Vesting Tentative Tract No. 23304 ts a request to develop 20.95 acres as a one lot, 344 unit statutory condominium project in the Rancho California area. This tract is a re-submittal of an already approved tract (Tract 21608, Board o[ Supervisors approved 10-28-86) in order to gain vesting status. The project site is located on the north side of Rancho california Road, Just to the east of Moraga Road. IIESTI11G TENTATIVE 111ACT ~3304 Staff Report The project stte ls currontly vacant. Sur?oundtng land uses tnclude &~tments to the ~est and stngle f~ly homes to the north, east, and south. A school and church are 1oc&ted along tlorega Road, vtth a farm/horse tretntng f&ctllty locitad across Rincho California Road to the south. Zoning on the subject slta ts R-3. Zontng tn the vtctntty tncludes numerous residential zones, A-Z-ZO end C-1/C:-P. Mtm Consideratlas The proposed project has been destgned tn accordance wtth the planned residential development standards of 0rdtnance 348 and all other pertinent standards of 0rdtnances 348 and 460. The applicant w~11 be providing three floor plans varytrig tn stze from 750 to 1,014 square feet. Proposed colors. Mterlals end architecture reflect a '#edtterreneann them. Due ~o the tracts vesttrig status, the following addlttonal plans were sutmttted for revte~f tn compliance wtth Ordinance 460: -Fenctng Plan - Landscape and Xrrlgatton Plans -Dretnage Plan - Comprehensive Stte and Gradtrig Plan These plans were found to be adequate and wtll be Implemented through the conditions of approval. Pro~ect Conststency/Compatlbtl tt~ The pro~ect stte ls located wtthtn the Pancho C4ltfornta subarea of the Southwest Terrttor~ Land Use Planntng Area. Poltctes call for Category ! and 3! lind uses. The project as proposed vtll have a denstt~ of 16.42 dwelltng untts per acre, ,htch fills tnto the 8-20 dwelltrig untt range allowed wtthtn Categor~ Z. The project v tll provtde a product different from the majority of multt-f~tl~ residences tn the area. _Recreational facilities are proposed as a part of thts project, Including three tannts courts a~d two swtmmtng pools. The proposed project ts considered consistent wtth the Comprehensive General Plan and ts compatible wtth development tn the area. Ftsral JM~l~sts Unde~ current ~ollcy regarding processing of vesttrig tentative mps, a fiscal Inal~sts ts requtred to be sulxnttted to the Coun~ for revtew. A fiscal &nalysts has been prepared for thts project and ts now currently hatrig raytawed e the Administrative 0fftce. Conclusions for thts raytaw wtll be available by Plenntng Con~tsston heartrig date. Staff kport Envt roamentel ~l~sis The ¶ntttal study of Envtronmntal Assessment No. 32327 Indicated that the Ject bed the potential for biological resources, that tt could lapact ~unt omar 0bservator~ operations and that the subject stte could be impacted by htghulynotse. A biological report ms praparad for the project stte (County Biological Report No. 180). The only significant biological resource found on stte ms a bur~Mtng owl and 1rs burrow. 141ttgatton wtll entatl relocating the owl the stte prtor to dtng. The conditions of approval ~tll tnsure thts mitigation ts adhered ~a. Impacts to Hount Palomar wtll be mitigated by the requirement to use low pressure sodium lighting. Nots, impacts wtll be mitigated through the preparation of an acoustical study prtor to butldtng por~tts, wtth any reconunendattons design.el tnto the construction of the buildings. FINDINGS: 1. Vesttrig Tentative Tract NO. 23304 ts a request to develop 20.96 acres as a one lot, 344 unit statutory condominium project. 2. This vesting map ts a re-submittal of already approved Tract No. 21608. (Board of Supervisors approved 10-28-86) The pro~ect slte is currently vacant. Surrounding land uses include: single family, multi-family, offices, schools and churches. The pro~ect site ts zoned R-3. Surrounding zoning includes numerous residential zones, A-2-20 and C-1/C-P. 5. The pro~ect site ts located vlthtn the Rancho California Subarea of the Southwest Terrtto~ Land Use Planning Area. 6. General Plan policies call for Category ! and II development. 7. A ftscal analysis was prepared for this project and ts now being reviewed by the Administrative Office. B. Tnvtromentil concerns tnclude: biological, 14ount Palaumr impacts and noise impacts. IXJNCLUSIONS: proposed pro~Ject ts consistent wtth the Co~ehenstve Mneral Plan. 2. 11u proposal ts compatible vtth area deve]oment. 3. The pr~ect vtll not have · significant effect on the envt~oment. /~OPTZOg of 8 gegattve Decla~atton for Environmental Assessment No. 32327, bIsed on the conclusion that the project wtll not have a significant efCect on the envtrormunt; and, N~OV~ of VEST[I~ TENTATIVE 111ACT BO. 23304, subject to the conditions of approval, and based on the ftndtngs and conclusions Incorporated ~n thts staff report. G~.N: a ea 3-30-88 I ~AND ,USE 1 ,1~ o° APT. 2_C~_ 4S40 · u~, 20.95 AC. 344 UNIT CCWI~$ ..... ~- L ' / f ~ S. ~NERAL KEARNY:RD. ARTERIAL 110' ~..~ ~-~ ~) iEXISTING ZONING 13 :1 ~. ~,~ ~s ~- RANCHO CALIF. RD~RTEnlL IfO' ~NERAL KEARNY.RD. ARTERIAL 110' , *! I : l !!ii[~!! I~1111ll ' i ItlVEItSIOE COUIfTV PLANNING ~Um)IVI$ION CON)ITIONS OF APPglOVAL ~ TBffATIVE 1~4CT NO. 233O4 STANDARD CONDITIONS 1. EIPIItE$: The subdivider shall defend, Indemnify, and hold harmless the County of Riverside, 1rs agents, officers, and employees from any clatm, actton, or proceeding agalnst the County of Riverside or 1rs agents, officers, or employees to attack, set aside, votd, or annul an approval of the County of Riverside, 1rs advisory agencies, appeal boards or legislative body concerning Vesttng Tentative Tract No. 23304, ~htch actton ts brought about ~thtn the ttme pertod provtded for tn California Government Code Section 66499.37. The County of Riverside wtll promptly nottry the subdivider of any such claim, action, or proceeding against the County of Riverside and will cooperate fully in the defense. If the County fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the County of Riverside. 2. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule A, unless modified by the conditions listed below. e ® lhts conditionally approved tentative map will' exptre two years after the ounty of Riverside Board of Supervisors approval date, unless extended as provided by Ordinance 460. The final map shall be prepared by a licensed land surveyor subject to all the requirements of the State of California Subdivision flap Act and Ordinance 460. The sulxltvtder~kal. l.submtt o~e copy of · soils .triooft to the Riverside nl~y ~p.~veyor's Offtce and two coptes to the OIlxartment of Butldtn9 and i'~fety. mne report shall address the soils stability and ~ologtcal conditions of the site. If any g~adtn9 is proposed, the subdivider shall submit one print of comprehensive grading plan to the Department of Building and Safety. The plan shall comply vrith the Untfom Bulldtng Code, Chapter 70, as amended by Ordinance 457 and as maybe additionally provided for in these conditions of approval. IXmdltloms ~f 7. A gradtrig I~rmlt shall be obtatned from ~e ~~nt of ~tldtng ~e~ prt~ ~ ¢~nc~nt of m~ gradtrig ~%stde of ¢~n~ ~tn~tned ~t~1 Ntlln~ tn t~ Rtve~t~ ~un~ Road h~rmnt's letter 'lB, ~, a ~p~ of ~tch ts ItUc~d. 20. ~1 access is reft red by 0~tnince 460 shall ~ provtded fr~ ~he tr~c~ mp ~unda~ ~ a ~un~ mtntatned 2~. All ~ad ~swnts shall ~ offend for dedication ~ the ~bllc and shall conttnue tn fore unit1 ~e ~ve~tng ~dy accepts or abandons such offers. Al1 dedications shall ~ free fr~ Ill encu~rlnces is approved by ~ ~ad C~tsstoner. S~r~ nl~s shall ~ subJec~ ~ Ipprova~ tM ~id ~tssloner. 12. 13. 14. %5. Easements, vhe, ~equtred for ~oad~ay slopes, dratnage facilities, utilities, etc., shall be sho~ on the ftnal map tf they a~e located wtthtn the land dtvtston boundary. All offers of dedication and conveyances shall be submitted and recorded as dtrected by the County SurveyDr. Vater end sewerage dtsposal facilities shall be Inst~lled tn accordance wtth the provisions set forth tn the Riverside County tMalth Department's letter dated Februar~ %8, %988, a copy of ~tch ts attached. The suMtvtder shall comply wtth the flood control reconnendattons outltned b~ the Rtverslde County Flood Contro~ Dtstrlct's letter dated Februar? 26° %~88o a copy of vhtch ts attached. %f the land dtvtston 11es vttht, I~ Idoptod flood control dratnmge area pursuant to Sectton %0.Z5 of Ordinance 460, appropriate fees for the construction of area dratnage facfitttes sh~11 be collected by the RDad Coatsstoner. The su~dtvlder shall comply vtth the ftre tmprovment recmmendattons outltned tn the County Ftre Rirshll's letter dated Nlrch %, %~88, a copy ~f ~htch ts attached. Subdivision ~hastng, Including any proposed co.on open space area lmprovment phistrig, tf applicable,. shall be subject to Planntng ~eportment Ipp~oval. My proposed ~haslng shall provtde for adequate vehicular access to sll lots tn each phase, and shall substantially confore to the tntont and purpose of the subdivision approva]. I~STING TENTATIVE ~ NO. Z3304 Cmdtt~ons of/~oval Page 3 27. ~Lots' eftired by this sul)dtvtston shall ,.'llml)ly ldth the ~bilmdng: ~~e. Lots created by thts subdtvtslon shall be tn con¢ommnce with development standards of the &-3 zome. the Graded but undeveloped land shall be mintmined in a weed-free condition and shall be either planted With interim landscaping or prowtried wtth other eroston control measures as approved by the Director of !lutldlng and Safety. c. Trash bins, shall be located away and visually screened surrounding areas with the use of block walls and landscaptn9. fro~ d. Bike racks an bike lockers in sufficient quantity shall be provided in convenient locations to facilitate bike access to the pro~ect area. ~B. 1)rtortoRECORDATION of the final map the follwtng conditions shall be satisfied: m. Prior to the recordation of the final mp the applicant shall submit written clearances to the Riverside County Road and Survey DepartMnt that all pertinent requirefimnts outlined in the attached approval letters from the followIn9 a9enctes have been Ccmnty Fire Department County Health Department County Flood Control County Planning Departant County Parks Department County Airports DepartMnt Santa AM Regional Water quality Control Board b. Prior to recordation of the final mp, the subdivider shall submit the ollovtng docunmnts to the Planntng Deportmnt for review, which ocumnts shall be subject to the approval of that department and the office of the Coun~ CouRse1: ]) A declaration of coveMnts, conditions end r~strtcttons; and 2) A simple document conveying tttle to the purchaser of an individual lot or untt which provtdes that the declaration of covenants, conditions and restrictions is incorporated therein by reference. CoMltlons of Al~fOgal The WKlaratton of covenants, eruditions end restrictions ~ttted for revte~ she11 (a) provtde for · term of 60 years, (b) provtde for the establtslanent of I property o~ners' &ssoctatton comprised of the o~ne~s of each Individual lot or untt, (c) provtde for o~ershtp of t~ coinon area by ~t~r the property ramere' ~$_octatton or the tamers of each t~tvldual lot or untt as ~nan~ In conIra and (d) contatn ~ ~11m~ng ~ovtstons ve~ttm: "~t~thstandt~ a~ provision t thts ~claretton contraS, the fo11~ng ~ovtstons shall apply: the ?~ proH~y ov~ers' association es~bltshed heretn shall manage and continuously metntatn th? 'cmmon area', more particularly descrt~ on Exhtbtt ' attached hereto, and shall not sell or tra. sfer the 'common area', or any pert thereof, absent the ~rtor ~rttten consent of the Planntng Dtrector of the County of tverstde or the County's successor-In-Interest, The ~rty ovmers' association shall have the rlght ~ assess the mmers of each Individual lot or untt for the reasonable cost of Iatn~tntng the 'common area' and shall have the rtght to 1ten the property of any such o~mer ~ho defaults tn the papent of a maintenance assessment. An assessment 1ten, once estab]tshed, shall ~ot ~ subo~tnate to an~ oncu~rance other than a ftrst trust ~ed or ftrst mortgage, made tn good fat~ and for value a~ of record prior ~ the assessment 1ten. ~ts ~claretton shall not ~ temtnated, 'substantially' amended or property deannexed therefrom absent the prtor ~rttten consent Of the Planntng ~trector of the Coun~ of Riverside or the County's successor-In-Interest. A proposed amendment shall be considered 'substantial' tf tt affects t~ extent, usage or iatntonance of the 'cmIon area'. %n ~I event of a~ conflict ~twon thts ~claretton and the Arttcles of %ncorporatton or the Bylaws, tfany, thts Declaration shall control.' 1he developer shall cM~ly Vlth the ~11ovtng parkway landscaping ~ndtttons: 3) .~to~ ~ recm~atton of the ftnal Ip the ~velo~r .I~11 ftle an application vtth the County for the formation of or anneutton to, ~STIW T~rrATl~ ~ i:). ~3~o4 Conditions of Ap~l Pages 2) 3) a Imr4agay mtntenance dtstr4ct e~ CSA ~or maintenance of larkways along hncho California Road tn accordance utth the Landscaping and £tghttng Act of 1972, paless the project ts wtthtn an extsttn9 perkk~y maintenance dtstrtct. Prtor to the tssuance of butldtng pemtts, the developer shall secure approval of proposed 1artrisc&ping and Irrigation plans from the County Road and Plenntng Depamnt. All landscaping and t~tgatton plans end specifications shall be prepared tn a reproducible format suttable for permanent. ftllng wtth the County Road Department. The developer shall post a landscape performance bond whtch shall be released concurrently wtth the release of subdivision porfomance bonds, gu&rantee!ng the viability of ell landscaping whtch wtll be Installed prtor to the assumption of the maintenance responsibility by the district. 4) The developero the developer's successors-In-Interest or assignees, shall be responsible for all parkway landscaping maintenance untt1 such ttme as mintchance ts taken over by the district. The developer shall be responsible for mintchance and upkeep of all slopes, landscaped areas and Irrigation systems untt1 such ttme as those operations are the responsibilities of other parttes as approved by the Planntng Director. Prtor to recordation of the ftnal map, an Environmental Constraints ~4~eet (ECS) shall be prepared tn con~unctton ~tth the ftnal map to delineate 1denttried environmental concerns and shall be pemanently ftled ~tth the offtce of the County Surveyor. A copy of the £CS shall be tr&nsmltted to the pllnntng Department for raytaw and approval. The approved ECS shall be forwarded ~tth coptes of the recorded ftnal nap to the Plamtng Department and the Department of gutldtng and Safety. f. The following note she11 be placed on the Envtronnmntal Constraints Sheet: "County Biological lieport No. 160 ~as prepared for thts ~proper~Ly amd ts on ftle it the IHverstde County Planning Department. The following note shall be placed on the Envtromaental Constraints Sheet: .~itts I~opertj~ ts located wlthtn tht~ty (30) mtles of Hount ~PalomarO6~ervito~. A11 proposed out4oor 11ghtlng systems shall -r,m~ly ~tth the Collfo~nla ]nstltute of Technology, Palomar Observat~1~mmnendatlons dated February ]2, 1~88, e copy of whtch ~.~ts on' tn the lttve~stda Count~ Planntng Deportment and the · , Ittveretde County Department of Butldtng end Safety.= Prtor to the tssuance of ERAD~N$ PERHITS the follovtng conditions shall be satisfied: Prtor to the tssuance of gradtng permtts, clearance shall be obtatned from the County Planntng Department that the recofinendatton for biological mitigation as found tn County Biological Report No. 180 has be_in completed. Thts mtttGBtton shall anti11 the relocatton of the exlsttng bur~ovtng ovl to another suttable lociitoh and ts cartted out so as to be tn compliance wtth all state and federal regulations. cut slopes located adjacent to u~graded ~atural terratn and exceeding ten (ZO) feet tn verttcal hetght shall be contour-graded Incorporating the following gridtrig tochnlques: The angle of the graded slope shall be gradually adjusted to the angle of the natural torratn. 2) Angular forms shall be discouraged. The graded form shall re¢lect the natural rounded terratn. The toes ~d tops of slopes shall be rounded ~th curves vrlth rid11 destgned tn proport. ton to the total hetght of the slopes vhere dratnage and stability Permtt such rounding. 4) Where cut_or ftll slo~s exceed 300 feet tn horizontal length, the horizontal contours of the slope shall be curved tn a continuous, undulating fishton. c. Prtor to the tssuance of gradtng Pemtts, the developer shall provtde evtdence to the Director of Building and Safety that 811 adjacent off-stte renulectured slopes hive recorded slope easements and that slope ,mintchance responsibilities have been asstgned as approved by the Director ~f Butldtng and hfety. Prtor to the tssuance of gradtrig Permtts, a qualified paleontologist shall be retatned by the developer for consultation end comment on the roposed gradtrig wtth respect to potential Imlaontologtcal tinpicts. hould the palaontologtst find the potential ts htgh for trapact trapact to $tentftcent .reso.urces, I.. pre-gr.&de mettrig between the paleontologist ano the excevstlon ano gr&dtng contractor shall be &transed. ~hen necessary, the paleontologist or representative shall have the authority to temporarily dtvert, redtrect or halt gradtng Icttvtt~ to a11o~ recovery of fossils. Prlor to the tssuance of BUILOZN$ PE~ZTS the following conditions shall be satisfied: CoMtttm~ of Alqmwal No butldtng Pemtts shall be tssued by the County of Riverside .for a?y residential lot/untt wtthtn the project boundar~ untt1 the developer s successor's-In-Interest provtdes evtclence of compliance ~tth publt.c fact11_W ftnanct_ng measures. A cash sum of eee-~n. dr~d_ d?lla_rs (.$100! Per lot/untt shall be deposited ~tth the Ittverslae ~ounTy uepermenT of ~utldtng end Safety as litigation for publlc 11bra~ developant. Prtor to the submittal of twtldtng plans to the Department of Butldtn9 and Safety an acoustical study shall be performed by in acoustical engtneer establish appropriate adttgatton measures that shall be applted ~o Mlltng untts ~tthtn the subdivision to reduce Individual arabtent tritertot notse levels to 45 Ldn. c. The project shall he constructed so that tt ts tn substantial conformance vrtth Exhtbtt A. d. Faterials used tn the construction of all buildings shall be tn substantial conformance wtth that sho~n on Exhtbtt B (Color Elevations) and Exhlbtt C (Katerials Board). These ire is follows: I~tertal Roof Concrete S-Ttle Walls Stucco A~tng Canvas Doors -Trtm Factng- Trtm Color ~t-~i'on Sunrtse No. ~08 Saltwater Taffy No. 4371 1~ Frazee Aqua Hartne Frazee COlor No. 5760 ~l Frazee Color 4323 H e. All d~elltngs to be constructed ~tthtn thts subdivision shall be destgned and constructed ~th fire retardant (Class A) roofs as &pproved by the County Ftre f4arshal. Roof-mounted eClUlpment shall be shtelded from vtew of surrounding property. g. gulldlng separation betmean &11 buildings Including fireplaces shall not be less than ten (10) feet. Z~.. Prtor to the lssuance of OCCUPANCY PEI~!]TS the following conditions shall be sat1 sft ed: a. Ua11 and/or fence locations shall conform to attached Exhibits_. All landscaping and trrlgatton shall be Installed tn accordance wtth approved plans prtor to the tssuance of occupancy Permtts. seasonal conditions do not Permtt planting, Intartm landscaping and eroston control measures shall be uttllzed is approved by the Planntng Dtrector and the Dtrector of Butldtng and Safety. ~ TENTATZVE TIIACT I~3. ~04 .l~e8 c. Not vlthstindtng the preceding conditions, vhereve? .in. Kousttca~ stud~ ts requlred for notse attenuation purposes, the heights of a~ requtred rolls shall be cletermtned by the ~cousttc&l stud~ ~here Ippltcibl·. GAIqcaea 3-30-88 Itvtrstde Count~ Planntng Comdsston 4080 Lemon Street Iltverstde. CA Iq/VERSIDE OOUNTY I~.ANNING DEPARTMENT RE: Tract 14~p 23304 Schedule A - Team Ladles and Gentleran: ¥tth respect to the conditions of &pproval for the r~ferlnced ~ntattve land dlvtston top, the Road Deparmnt recommends thlt the landdivider provtae .-~he following street Improvements and/or road dedications tn accordance vtth 0 Itmlnce 460 Ind Riverside County ROld Zmprovement Standards (0rd~n&nce 46~). it ts understood thlt the tanCattve map correctly shows all extsttng easemn'~s. traveled rays, and dratnlge courses wtth appropfiato Q's. and that their omtsston my reclut~ the nip to be resubmitted for further consideration. These Ordinances and the folioring conditions are essant1&1 parts and a requtremen~ occurring tn ONE ts as btndtng as through occurring tn a11. They ire ~nten~ed to be complementary. and to descrtbe the conditions for a complete destgn of the Improvement. All questions regarding the true meantrig of the conditions shall be referred to the Road Cclmtsstoner's Offtce. The landdivider $hall protect do~st~eam properties from damges clused by alterlemon of the dratnage pitterns, t.e., concentra- tion of d~ve~s~on of nov. Protection $hall be provtded by constructing adequate dr&~nage facilities Including enlarging existtrig f&ctltttes or by securtng a dr&tnlge easement or~p both. All dratnage easements sh&11 be shorn on the ftnal and noted Is follow: ,~q~lratnage ~semnt -ao lwlldtng. ob&tructtonso or enc~michaenta b~ 1~ndft115 are i11o~d'. The protec~to~ shall be is approved by the Road Department. The landdivider shall accept and properly dtspose of all offsite dritmige flortrig onto or through the stta. In the event the Road ComMsstoner Penntea the use of streets for dratnage rposes, the provisions of ArUcle XZ of Ordtmince No. 46O 11 lpply. Should the quantities exceed the street capactty or the use of streets be prohibited for dratnage purposes. the subdivider sh&11 provtde adequate dratnage facilities as approved b2 the Road Deparment. Tract Pap 23304 · Fet)ruar.y 24, 1988 e 'N~1or 4rttuoge ts 1nvolved on thts landdivision and 1as resolution sM11 be as approved by the Road Dip·freeze. CoKrete sidewalks slu11 Im constructed along tinoho C411for~ta Hoed Jfi accordance utah Count~ Standard No. 400 and 401 (curb stdevllk). linch· tiltlorn1· ~ld she11 be taproved .vtth_cpncre~e .cu~? and gutMr 1go·ted' 43 feet from conearline and ee~cn up lipha concrete pavtng; reconstruct1·· Or !1surf&ting of extsttng pavtng &s determined by the Road Commissioner vtthtn a SS foot dedicated rtght of uiy tn accordance ~fith County Standard No. 100. Prtor to the recordation of the ftnal alp, the developer $h&11 deposit Iflt, h the Rtve~tda County Road Diperr:merit, a cish sum of ~$140.00 per unlt as Bittie,ton for trafflc stg~al 1tinacts. Shou~.d the developer choose to defer the ttee of poyment, he my enter tnto a u~tt, te~ aguemint utth the County deferring $atd te the ttme of tssuance of a bu~ldtn9 pemtt. (344 ui~tta - S48,160.00) improvement pla~s shall be based upon I centerline proftle extending amtntmum of 300 feet be~ond the pro~ect boundaries at a grade and altomerit as approved by the Riverside County Commissioner. Completion of road Improvements does not tmpl~ accap~ince for maintenance by County. Electrical and cormunit·at·ns trenches she11 be provtded accordance ~th Ordtn&nce 461, Standard 817. Aspbaltic emulston (fog sea1) shall be applted not less thin fourteen days following placeulna of the asphalt surfactn. 9 and shall be app11ed at & rate of O. OS gallon per square Asphalt Imulston she11 confore to Secttons 37, 36 and 04 of the State Standard Specifications. ~//~.0. - Lot access she11 be restricted ee Rancho Celtlorn1· Road and so noted on the final mp vrlth the exception of three driveray ~ OI)entngs as approved by the Road conntssloner. Trac~ flap* ,~33u4 Febr~ar~ ~4, ~988 Page ) · 11. 12. 13. 14. 16. Limadivisions croattrig cut or ftll slopes adjacent to the streets $hill provtcle eroston control, stght dtsLinca ~ontro1 and slope elseMnts as approved by the Ilold Deplrtlint. The 1&riddivider shall provtde "Ottltt~ c1#rince fram Rancho Giltfor~t& alter Dtstrtct prtor to ~be recordation of ~he ftnal lip. Street trees she11 be planted tn confornlnce vtth ~he provisions of Arttcle 13i of Ordinance 460.53 and ~hetr location(s) shall be shovm on street tn~rovenent plans. All drtve~lys shall conform to the applicable Riverside County Standards and shall be $hMm On the street Improveaerie plans. The street destgn and Improvement concept of thts project shall be coordinated wtth tent&rive Tract 20735 and TR 2160G.-(--- ~'~'~'/'~',~ /5 Street 11ghttng shall be required tn accordance with Ordinance 400 and 461 throughout the subdivision. The County Service Area (CSA) ~dministrator deternines whether this p~oposal qualifies under in existing assessment district or not. Zf no1;. the lind ovner $hall ftle an application wtth LAFCO for annexation into or croatton of a 'Lighting Assessment District' tn Iccordance with Governmental Cocle Sectton 560C0. GH:Ih ¥orytruly~oura, Road Dtvtston £ngtneer CNTY o~ --nmRl~DE- OEI~ARTMENT OF HEALTH liveraide County ?].snntui CostLesion 4080 lemon Street liverside, CA 92502 1~: Tract Hap 2330&: BeLns · division of Lot 25 of Tract 333~ as shay· by lisp on file in Book 5~, Poses 25 throush 30, ~nclusive of Hap, records of liver·ida Courtrye CLliforuh. (l I, o1:) The l)eparcuent of Public Health has revieved Tentative Hap No. 2330~ and recommends that: &voter system shall be installed according to plans and specifications as approved by the voter company and the Health Department. Permanent prints of the plans of the racer system ohall be subsicced in tripli- cate, rich · mini·u· scale uot less than one inch equals 200 feet, along vith the arisins1 droving to the County Surveyor. The prints shall ahoy the internal pipe diemeter, location of valves and tire hydrants, pipe and Joint specifications and the size of the main at the Junction of the hey system to the existinS System. The plans oh·l! co·ply in all respects vLth ~Lv. 5, Parc l, Chapter ? of the California Health and Safety C~de, california Administrative Code, Title 22, Chapter 36, and General Order No. 103 of the Public can·lesion of the State of California, vhen applicable. The plans oh·l! be stoned by a resiotered ansinear and voter company rich the follovinj certification: #! certify thac the desis· of the voter system i~Tract Hap 233C~ is in accordanterich the voter system expansion plano of the Rancho californl&Vater District and that the water service, orsrase and dllCribution System vii! be adequate yrovide vate~ service co such tract. This certificat~on does not conat~tute a Snarancu that it vi~! anpply racer to ouch tract at any specific quantities, flaws or pressures for fire protection or any other purpooen. Thio certification shLU be sisned by a responsible official of the voter coupany..The ~laneutbeoulmttted to the County Surveyerrs Office to revievat lust crave·ha ~rior to the request for the recordation of the final nap. Thil Departneat has · itateuent for Rancho california Voter District asree~ns to serve dosestic racer to each and every lot in the subdivision on de·and, pr~vXdinS satisfactory financial arrangements are coupleted vith the subdivider. Xt ~r/11 be necessary for the financial arrangesenos to to hemde prior zo ~he recordation of the final nap. RAver·~de County Planning Dept. ATTH: GreS Heal February 18, 1988 This Department has · statement ~rom the Eastern Hunicipal Wa=er District alreeinl ~o ~ ~e o~divisi~ smsa oys~ ~o b ~ec~ to ~he o~ero of the ~o~ric~. ~ o~er 02~ o~11 be installed according co pl~ ~ ~cifl~i~ as appr~ed by the District, ~he ~y Su~eyor nd ~he hl~h bparmn~. Pe~eu~ prin~s of ~he plans of ~he o~er ~scn o~11 be n~icCed in triplicate. al~g ~ch ~he orig~l dE~ng to the ~ Sure,or. ~e ~riucs ohll oh~ the ince~l pi~ dimcar, lo~ of ranholes, c~le~e prof~es, pi~ nd Jolu~ ~d ~e size of ~he s~ers a~ ~he 3~c~ion of ~he n~ sys~ ~o ~he ~is~S sysco: A single pla~ indica~inS loca~i~ of o~er lines nd wa~er lines shall be a portion of ~he s~ase plans and profiles. ~e ylaus shall be si~ed by a resis~ered ~sineer and ~he a~er dis~ric~ ~h ~he falling cer~ifica~ion: "~ certify ~ the desl~ of ~he 8~ew sys~ in Trac~ hp 2330~ is in accordance Wi~h ~he o~er sys~ e~au~n plans of ~he bs~em H~icipal Wa~er Dis~ric~ and ~ ~he waste dispos~ sys~ is adeq~e a~ ~his ~iue ~o ~rea~ ~he an~icipa~ed was~es fr~ ~he proposed ~rac~." ~e ~ns ~s~ be ou~i~ed ~o ~he Su~eyor'o Office to r~i~ a~ leas~ ~o weeks ~rior ~o ~be reoues~ for recorda~ion of ~he f~l It will be necessary for the financial arrangements to be nade prior to the recordation of the finalnap. Sincerely, , Sam Hartinez, St. ~ ~arian Enviromnental Health "~iirvices P.O. BO~ I081 RIVERSIDE COUNTY FLOOD CONTROl- AND WATER CONSERVATION DISTRICT ~ebruary 26° 1988 B/verside County Planning Department County Administrative Center PAverside, California Attentionz Regional Team Ho. 1 Greg Heal I~dies 8n~ Gentlemen** Rat Vesting Tract 23304 This is a proposal to ~onstruct 344 condomtniu~ units on a 21 acre site in the Temecula Valley area on the north side of Rancho Cali£ornia Road, about 900 feet east of Moraga Road. This pro~- act ~ms previously processed as ~ract 21608. The site is bisected by Long Canyon Wash which conveys runoff from east to west. Long Canyon Wash has a 100 year peak flow rate of 1947 cfs. Runoff from about 12 acres approaches the proJect*s northern boundary. The applicant proposes to convey Long Canyon Wash through the project in an unlined channel with drop structures. Oneitc run- off ~ould be discharged into the channel. The channel should be designed to convey a 100 year flow rate of 1947 cfs. It ehould be built to District standards and complete- ly lined with rock or concrete. The channel should have properly designed inlet and outlet transitions and t~o 12-foot wide main- Following are the District's reeon~endationst This tract is located ~ithtn the lt~aita of the Nurrieta Creek/Taecula Valley ~rea Drainage Plan for which drainage £eee have been adopted by the Board. Drainage fees shall be paid as act forth under the provisions of the 'Rules and Reg- ulations ~or Administration of Area Drainage Plans', ~aended July $, * ~1~84, Drainage ~ees shall be lmid to the Road Co~issioner as part of the filing for record of the eub~ivision final map or parcel map, or if the recording of a final parcel map is ~aive~, drainage fees shall be paid as a condition of the ~aiver prior to recording a eertt£icate of compliance evidencing the ~atver of the parcel ~aps ~r R/verside County Planning !:)spar tnent Res Vesting Tract 23304 February 26, 1988 b. At ~he option of the land divider, upon filing a re- ~:~uired iTfAdavit requesting defercent of t~ ~ent Build~g D~roc~r a~ ~b ~me of ~ssuance of a grad- ~g p~t ~ b~lding p~t ~r each a~rov~ ~r- ~1, w~cbver my b first shrined after tb r~ord~ng o~ tb ouM~v~o~on final Mp or ~rcel map~ c..:~raimage fees shall be paid to the Road Connieeisner as & part of the filing for record of the subdivision £~nal map or parcel map, or before receiving a waiver · o record a land division, for each Lot within the land division where construction activity as evi- denced by.he of the following actions has occurred s~nceMay 26, A grading permit or building permit has been obtained. (b) Grading or structures have been initiated. ,Long Canyon Wash should be collected from the adjoining Box. culverts and conveyed through the tract. The channel should be designed to convey a 100 year peak flow rate of 1947 cfs. It should be Built to District standards and completely lined with either rock or concrete. The chan- nel should be designed with an adequate outlet transi- tion. A minimum o£ two 12-£oot wide maintenance roads should be provided. The 100 year storm runoff tributary to the north boundary of the tract should be collected and ~onveyed to an ade- quate outlet. If the tract is built in phases, each phase shall be pro- tected from the I ~n 100 year tributary storm flows. Temporary erosion control measures should be implemented immediately following rough grading to prevent deposition of debris onto downstream properties or drainage £acilities. Development of this property ahould be coordinated with the development of adjacent properties to ensure that watercourses remain ~nobstructed and stormwaters are not diverted from one watershed to another. This may require the construction of temporary drainage facilities or offsets ~onstruction and grading. Riverside County Planning Departneat Rat Vesting Tract 23304 -3- February 26, 1988 7...0nolte drainage lucille/es located outside of road right ~.~£ way' should .l~e ~ontained within drainage easements :S~ ~ ~ final mp g~tin9, "~l~e ~o~~ t~11 ~ kept ~ee affected pro~rty ~er(o). recordation ~ainege hc~litieo outletting u~p conditions o~uld be designed ~ conve~ t~ ~butar~ 100 year oto~ flows. ~d~t~ona~ ~er~ency esca~ s~uld also ~ provided. 10. A copy of the ~mprovement plans, grading plans and final map along with supporting hydrologic and hydraulic cal- culations should be su~auitted to the District v~a the Road Department for review and approval prior to recorda- tion of the final mp. Grading plans should be approved prior to issuance of grading permits. A registered en- gineer must sign, seal and note his expiration date on plans and calculations submitted. Questions concerning this matter may be referred to Stuart McKibbin of th/s office at 714/787-2333. Very truly yours, 1) Phair Company Attar Rodney Meyers 2) Rick Engineering ~NNETH L. EDWARDS ,*h%e~ Engineer ~ H. AS nA Senior Civil ~gineer ~EM~pln IN ¢B 0 PEK;TION wm, I THE ~kLIFORNIA DEPARTMENT OF FORF~TRY ItA¥ REBitARD 3-1-88 TR 23304 PIM & e.~ne,rb I Office l~enld., CA OJS0I f/l~ ~8t,4,606 Wl~h respect to the condit:Lonn of approval for the above referenced len~ d~vtsion, the Fire EMpartuent raceamends the following fire protection measures be prov£ded An accordance vLth P~tverside County Ordinances and/or recognized fire protection The ~nter mains shall be capable of providing a potential ftze flow of 2S00 GPN find an actual fire flow available from any one hydrant shall be IS00 GI~ for 2 hours duration at 20 PS~ residual operating pressure. Applicant/developer shall furnish one copy o£ the water system plans ~o the Fire Department for review. Plans shall conform to f~re hydrant types, location and spacing, and, the system shall meet the fire flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with the £olloaing certification** '! certify that the design of the water syate~ is :in accordance with the requirements prescribed by the Riverside County Fire Dep~rYJuent." The required water systmu, includ£ng f~re hydrants, shall be Installed and accepted by the appropriate water agency prior to any combustible building material being ~lacedon an individual lot. Bo~ width Burrounding the fountain Ln the antrance irma :LB ~) be 24 foot PLTTXGhTIOH Prior to the recordd~lon of the f~nal map, the developer oh&el-deposit with the P~Lvirside County Fire Department, a cash mm of $400.00 per lot~t as mitigation ~or fire protection ~,~acts. Should the developer choose to defer the time of paysent, he/she may enter into a written agreement vLth the Count~ deferring said ~M~mtut to the t. Lue of issuance of · building parlit. Fire Department P~annlng and tngineer~ng staff. Coun 3 of Re.teE*side Greq Neal Buildinq and Safety, Land Use Division Vestins ?Fact 23304 Land Use has the following commentIt Prior to the issuance of building perntits, the developer shall obtain Planning Department approval for all on-site and off-site signage advertising the sale of the subdivision pursuant to Section 19.6 of Ordinance 348. Fireplaces may encroach 1' into required minimum 5' side yard actback. Mechanical equipment may not be located in required minimum 5' side yard setback. All pools shall be fenced in accordance 1988 RIVEES'..~E COUN'I"Y PLANNING ~E~'ARTMENT l,and Use Division February 11, 1988 Eric ?raboula¥. Deputy Director. 6radinq ~,~4,. Review o! Vestinq Maps ~hm Grading Division will not be reviewing precise 9rad£ng plans for vesting maps prior to Plann£ng Departmnt approval. Grading requiramnts and recon~endat£ons will be addressed durLng appl£cat£on for 9rad£ng replay and pez~ait. fications required o£ 9radin9 plans submitted to the Planning Department for vesting purposes will be subject to Planning Department zeviev and approvalo .. -.. '.-.-Please'.~incorpo~e'.this p91icy.into your comment.s and cor- · ' ' ~ po ~C 9r~:ye -:' - ' es ride e. sting ;~ps at.~nd ~velopment C~ ee ~s~ ~':~-~-~,-'.-:- '"-~ " : "-' ' : ....' Neet~n ' . ~.. , "' ~ ' ' '- - .'-.... .~-. . .~'..'~.;~ 5- ; yp ' - . .~ . · . . ;. ..~ . ~ ............ -' '~ '.~s/jp: ......~ ... : - ' . ' -- - f'AIq 0.7 1988 " " nfv s 6ouN'n, ' ' ' IDE ' PLANNING DEPARTMENT %. ~OFI CONDITIONAL APFROV&L~ THE FOLLOWING GHDULD APPLY= ThrN copies of the priding plin (qe-scile) con, orming to Chiptit 78 of the Uniform Building Code and County Ordinance 4~?.6q shill be submitted to this D~pirtment for review and approvil before i grlding permit con be issued. Two copies of the Preliminlry ~eotechnicil report addressing underlying soil conditions including soil bearing and expinsive properties shill be furnished. The report shill specificlily address site geologic/seismic plrlmeters for building construction. Recommendltions regarding footings, interior slobs on grade; allowable active pressure for retaining wall construction and clelring and priding ope~ltions ire to be included. The report shall be submitted to this Dep&rtment for review and approval. Hydrology and hydrlultc cllculltions addressing offsite tributlry areis and how flows will be conveyed through the tract must be provided to this department for revie~ and approval. The QI8 Ind 0188 must be shown at all points of entry ind exit. Details of ill surflee Ind subsuffice drlinlge ficilities ind protective devices must be shown. Provide building footprints on Ill setblcks. lots showing oil Shem driveway details on the grlding plan along with grides not to exceed Slope stibility cllculltions with i factor of sifety of it least one and five-tenths (1.5) shall be submitted by I soils engineer for all slopes equal to or greater than 38 feet. Provide proper building setbacks on all pads from the top or toe of slopes to the face of structure. / The fires of cut and. fill slopes shall be provided with slope planting to ~inimize erosion. a. Cut slopes equal to or grelter than 5 feet in vertical height end fill slopes equil to or greiter thin 3 feet in verticil height shill be pllnted with grist or ground cover. b. Slopes exceeding 15 feet in verticll height shall be planted with shrubs, spiced not to exceed feet on center; or trees, spiced not to exceed ~eet on centers or a combinltion of shrubs trees it equivllent spicing. c. All slopes required to be pltnted Ihlll be provided with an irrigition system. d. Provide Erosion Control-LIndscipe pllns prepared by a registered llndsclpe lrchitect. Accomplnying the plan shill be I cost estimlte detliling ill costs essotilted with the project for bonding purposes. · ::IiVE::I iDE cOUnC.u PLannin DE RClTIEnC DATE: 3anuary 11, 3988 TO: Assessor Butldtng Ind bfety Surveyor - D~ve Duda P.o~d Department Health - Ralph Luchs : Ftre Protection '~ Flood Control glstrtct Ftsh & Game LAFCO, S Patsley U.S. Postal Service- Ruth £. Davidson RECEIVED ois :i o Y Rancho Water Southern Calif. Edison Southern Calif. (;as Genera 1 Telephone £1sinore Union School Temecula Union Pit. Palomar Temecula Chamber of Conferee ~o~issioner Bresson TRACT 23304 - (Tm-1) - E.A. 32327 - The Phair Company - Rodney Meyers/The Pair Co. - Rancho California Area - First Supervisorial District - North of Rancho Calfornta Road, East of Moraga Road - R-3 Zone - 20.95 acres - Request TR 344 Unit Condominium project - Related Case TR 2160B - Hod 120 - A.P. 921-370-001 Please review the case described above, along with the attached case map. A Land Division Committee meeting has been tentatively scheduled for February 25, 1988. clears, it will then go to public hearing. If it Your c~nts and recommendations are requested prior to February 16, 1988 in order that we ma~ include then in the staff report for this particular case. Should lmu have any questions regarding this ltem, please do not hesitate to contact Greg Neal at 787-1363 Planner rd)MHENTS: PLEASE SEE ATTACHE!) DA~: 2/].2/88 SIGNA?UR£ PLERS£ prtnt name and t¶tle Dr. RobeFt J. Btucato/Asstatant Dttectot/Pa~onat 40~0 LEMON STREET. 9TM FLOOR RIVERSIDE. CALIFORNIA 92501 4714) 787-~181 46-209 OASIS STREET. ROOM 304 INDIO, CALIFORNIA 92201 (619) 342-8277 CALIFORNIA INSTITUTE OF TECHNOLOGY Olfl~lC[ OI ?N! DII[L"TO! FALOIdAR OBSI:RYATORY 1eS-~'4 This me ts viihim 30 miles of the Paleear Observatory m~d is therefore viihim the zone requiring the use of lov-prstsure Bad turn vapor lmm~s for street l~ghttns, st stipulated by the ILtveraide County Board of Supervisors. We request that the design for other types of outdoor liRhting that nay be employed on this property be made consistentvtth the spirit of the decision of the Board of Supervisors vhich is intended to mitigate the adverse effects such facilities have on the astronomical research at Palomar. Beneficial steps to that end include: Use the minimum amount of liRht needed for the task. Orient and shield light to prevent direct upvard illumination. Turn off lights at 11:00 p.m. (or earlier) unless, in connercial applications, the associated business is oven past that time, in vb~ch case the lights should be turned off at closing. Use ivy-pressure aodiu~ la~ps for roadrays, ~alkwavs, equipment yards, parking lots, security and other similar applications. These need not be turned off at ll:00 For further information, call (818) 356-&035. Robert J. Bruceto Assistant Director I~larch 29, 1988 Mr. Greg Neal, Associate Planner Riverside County Planning Department 40BO Lemon Street, Ninth Floor Riverside, California 92501 Subject: Club Valencia--Vesting Tentative Tract HaD Number 23304 Dear Mr. Neal: The following summarizes our findings regarding the fiscal impact analysis for the oroject identified above. The appendix attached summarizes the basic assumptions used in analysis. Please note that these results reflect the current levels of service provided by the County based on Fiscal Year 1986-1987 actual costs (per capita factors) and Departmental and Auditor-Controller review of operations and facility costs for services reviewed using case study analysis. Staff to the Growth Fiscal Impact Task Force and Departments are currently reviewing service levels provided and the need to increase the levels of service. Current findings are that existing levels of service are not adequate in most cases. Should the desired level of service be utilized in the fiscal analysis performed, it would significantly increase the costs associated with this development. COUNTY FUND (Operations and Naintenance) FISCAL IMPACT AFTER BUILDOUT CUMULATIVE FISCAL IMPACT AT BUILDOUT County General Structural Fire Free Library ($59.431) ($56,617) ($22,744) ($30,14g) ($ 3,473) ($ 4,603) SUBTOTAL COUNTY ($B6,648) ($91,36~)) Road Fund $ -o- $ -o- GRAND TOTAL ($86,648) ($gl,369) Ralam't T. Andre, sen AdmJnis~tive C.,entm' 44~01/MON~ · 12Tl.iFLOOR · ~, CAL.F-ORNIA~I · f'/14) 9B9-2544 The following special circumstances apply to thts project: 1. Flood Control staff has indicated that flood control facilities constructed wtthtn Zone 7 are unltkely to be sufficiently funded for maintenance costs. Current estimates tndtcate that funding shortages should occur for the next ten years. Suggested mttiqation measures include a cash deposit by the project developer or use of an assessment mechanism. The amount of depostt would be determined by a present value mnalysis and project ttming. The cost of maintaining flood control facilities wtll not be known until ftnal design phases, when facility needs have been fully identified. Flood Control staff wt11, therefore, condition project approvals to identify a means of financing facility maintenance and operation (if necessary) prior to recordation of subdivisions. 2. This project will share in the cost of & proposed 15,000 square foot library in Rancho California. A mitigation fee of $100.00 per unit is required for capital facilities. 3. This pro~ect has only private streets. Thus, no impact is shown. Road fund revenue generated from this project will go toward countywide road costs. Initial Review By Review Approved By OFFICIAL HEARING NOTICE MAY AFFECT YOUR FROFERTY RIVERSID£ COUNTY PLANNING D£PARTIqENT COUNTY ADHINISTRATIVE CENTER, NINTH FLOOR 4080 LLqqON STREET RIVERSIDE, C/~.IFORNIA 92601-3657 Roger S. Streeter, Pl&nntng I)trector PUBLIC IEJIILtN6 has been scheduled before the PLANNING COlIIZSSZOII to constder the &ppllcatton(s) deserthad below. The Planntng Department his tontattvely found that the proposed project(s) vtll have no significant envtronmenta~ effect and his tontittvely completed Mgattve declaration(s). The Plann~n9 Conlatsston vtll constrict ~hether or not to adopt the ~egattve declaretton along vtth the proposed pro3ect at thts hiartng. Place of Heartrig: Bol~ Deem, 14th Floor, 4060 LImon Street, Riverside, CA Date of Heartrig: ¥E])NESDAY, APRIL 13, 19~8 The ttme of heartrig 1s Indicated wtth each application 11sted below. A~y person may sub~tt ~ttte~ cremefits to the Planntng Department ~fo~ the heartrig or my Ip~ar and ~ ~ard tn support of or op~sttton ~ ~e Idoptlon of t~ negattve McCaration and/or Ipp~val of thts p~ect it t~ ttm of heartrig. If ~u challenge any of the pro~ects tn court, ~u my ~ 1trotted to titstrig only_ those tssues you or someone else ratsad at the publlc hearth9 described tn thts nottce, or tn v~ttten correspondence delivered to the Planntng Commission at, or prtor to, the pubItc heartng. The envtronmenta~ ftndtng along ~th the proposed project application my be vte~ed at the publtc Infomarion counter 14onday through Friday from 8:00 a.m. unttl 4:00 p.m. VESTING TRACT Iq~P 23304, EK. 32327, ts an application submitted by The Phai? Compan~ for property located tn the Rancho California Area and Ftrst Supervtsortal Dtstrtct ~htch proposes to dtvtde 20.95 acres tnto 344 u~tts condomtntu~ on property generally described as north of Rancho California Rd, east of Horaga Rd TIRE. OF HEARING: 10:16 a.m. CZ& · A CZ 415e I I I I &~Z4~40 I I ~. THE PHAIa CO. '~ u~. 20.95 AC. 344 UNIT ~S Sec. T. 8 S.,R. 3W Aaseslof's Bk. g ' Circulatimt RANCHO CALIF. RDARTERIL 110' Element S. GENERAL KEARNY RD. ARTERIAL 110' --_..---, l ed. Bk.P;.56A O.t. 3114/88 Dr~m By D.G.T. ' I ~YI~'~~ ~ ~c~N/N$ ~EPARTMENT ~.o ~,ALE / ! I. OCAT~NAL MAP 3750 Univemity Avel~ue, Suite 260 Riverside, California 92501-3313 714-781-9000 ,, FAX 714-369-7251 June 25, 1990 A Cooperative Effort Supported By: The East Valley Coalition The City of Riverside The Economic Development Partnership Riverside County The Greater Riverside Chambers of Commerce San Bernardino County The Inland Empire Economic Council The Silver Eagles The Monday Morning Group Southern California Edison TheCity of Moreno Valley The Valley Group The Southern California Gas Company Mr. Dave Dixon City Manager City of Temecula P.O. Box 3000 Temecula, CA 92390 Dear Dave: As you are aware, our organization is coordinating the efforts to attract the Space Systems Division to March AFB and to keep the Ballistic Missile Organization at Norton AFB. To date, over $100,000 has been committed by eight different entities towards this effort. Dick Burpee, the consultant hired for this project, has spoken with Ron Parks. They agreed that Mr. Burpee would meet with the City Council on July 10 to discuss the project. Please consider this letter as an invoice for $5,000. It is our understanding that this is the amount being considered by the City of Temecula for support of this project. To support your contribution to this effort, I am also enclosing the budget and planning that has been done so far on this effort. The group has been meeting on Monday mornings at 7:30 AM in the offices of the County Economic Development Agency. Harley Knox attends these meetings regularly representing the Valley Group. Your input is welcome and is valued. Thanks for your support. Please feel free to call me if you have any questions. Sincerely, ~en Albr'~~t, Chairman Inland Empire Space Systems Division Relocation Group SA/mlm PROPOSED RELOCATION OF THE SPACE SYSTEMS DIVISION BACKGROUND The Air Force has announced its intent to study the potential relocation of its Space Systems Division from the Los Angeles Air Force Base at E1 Segundo. This move would be made as a result of a Defense Management Review initiative by the Secretary of Defense Cheney. The Review is in response to reduced Defense Department expenditures. The Air Force is concerned about the quality of life for its people in Los Angeles, both military and civilian. The cost of living in the area is extremely high, and this prohibits the assignment of lesser ranks. The high cost of living is also a hardship on mid and senior level grades. Another impact of the cost of living is the difficulty in attracting qualified civilian contractor personnel. Furthermore, there is no expansion capability at the present location, and the existing operations'and administrative support facilities are inadequate and need to be repaired or replaced. A decision on the proposed relocation is anticipated to be included in the Air Force recommendation to the FY92 budget request, which is due to be released in January, 1991. The mission of the Space Systems Division is to develop and acquire space systems for the Air Force and other federal agencies. The division consists of basically five units: · the Ballistic Missile Operation based at Norton AFB; · Rocket Boosters; · Satellites; · Research and Development Operations; and · a Headquarters Staff. This function of the Air Force is a vital one, and no indication have been heard which would act to reduce or eliminate the mission of the Space Systems Division. ECONOMIC IMPACT The Space Systems Division has the following personnel: - 1,750 military - 1,440 civil service - 690 employees of support contractors, i.e., security, civil engineers, etc. - 2,500 at the BMO at Norton AFB The relocation would require nearly 489,000 square feet of office and laboratory space. The annual operating budget is $7.6 billion, $1.256 billion of which are personnel and operations costs. The bulk of the budget goes to aerospace firms for additional research and systems development. The cost of the relocation has been initially estimated to range from $720 million to $1.3 billion. An integral part of the Space Systems Division is the non- profit Aerospace Corporation. This corporation is under contract to the Air Force to provide the technical skills and engineering for the Space Systems Division. Air Force personnel have stated that these two agencies should not be geographically separated. The Aerospace Corporation employs 4,180 people and now occupies 1,640,000 square feet of office and laboratory space at and adjacent to the E1 Segundo facility. These personnel and spatial needs are in addition to those indicated above. RELOCATION ALTERNATIVES The Air Force has selected four alternative locations to be analyzed for this project: MARCH AFB Riverside, CA; VANDENBERG AFB Lompoc, CA; KIRKLAND AFB Albuquerque, NM; PETERSON AFB/FALCON AIR BASE Colorado Springs, CO. Analysis of the alternative locations will also include the potential of leaving the SSD at its current location at the Los Angeles Air Force Base. The analysis is planned to review these site alternatives and also review the options associated with some partial relocation of functions to all or some of the alternative locations. PROCESS The process to relocate the Space Systems Division requires an Environmental Assessment, leading to a Draft and then Final Environmental Impact Statement. It also requires a Title 10, USC 2687 Study which analyzes the economic impacts of the proposed action. The Environmental Assessment and 2687 will include: Study process has and Scoping meeting to publicly outline held March 29, 1990, in Riverside. the move was A second Scoping meeting, held May 24, 1990, in San Bernardino, to include in the Assessment the relocation of the Ballistic Missile Office from Norton AFB as a consideration in this project. Draft Environmental Impact Statement (EIS) to be issued for public comment in August, 1990. Final EIS, with responses to the comments received, to be issued in November, 1990. - Record of decision by the USAF in December, 1990. Budgetary' implications of the decision included in the USAF budget proposal President for FY92 in January, 1991. to be to the The Title 10, USC 2687 study, analysis with regard to: will consist of an economic Strategic assessment Operational assessment Budgetary assessment Fiscal assessment Local economic consequences at Los Angeles and March AFB After these documents have been completed, congressional inputs/assessments will be made. When all completed, the relocation costs will be entered into the proposal to the President's budget, ultimately to be approved by Congress. MARCH AIR FORCE BASE RIVERSIDE COUNTY, CALIFORNIA March AFB, situated in southern California's Inland Empire adjacent to the cities of Riverside and Moreno Valley, is being promoted as the best alternative site for a number of reasons: 1. March AFB has the physical space (1650 acres) accommodate the land requirements of the SSD.. to 2e March AFB offer the continuity of operations within the greater Los Angeles metropolitan region. It is only seventy five miles from the existing facility at E1 Segundo. Long-established relationships with aerospace contractors now present in the Los Angeles Region can be continue uninterrupted. e Be The site at March AFB is environmentally advantageous and would be the least disruptive of the relocation alternatives. A relocation to March AFB would result in the east disruption of people. It is estimated that approximately 60% of existing employees could continue to commute to a new facility at March AFB. This rationale also is the same for the employees of the aerospace contracting firms. The quality of life for Air Force and civilian employees and their families would be improved. This can be translated into increased discretionary income due to a lower cost of living, more affordable housing, and reduced commuting times. (Contractors now bus employees from San Bernardino to Los Angeles at a departing time of 4 am daily. e March AFB is close to Ballistic Missile Operation at Norton AFB. Relocation to March would eliminate or minimize disruption to the employees and mission of the BMO. There is easy access from March AFB to the Ontario International Airport. It is estimated that 80,000 plus commercial flights per year are generated by SSD activities, and this number does not include visitors to the Division. e The growth in the Inland Empire in recent years has brought a talented and diverse labor pool to the region. The work force in the two-County region of Riverside and San Bernardino now approaches. l,000,000. 10. Accessibility to University of California at Riverside's new School of Engineering and other higher educational institutions in the Region will offer another potential skilled labor supply. ll. Excellent military-community relations exist between March Air Force Base, a Riverside County, and the adjacent cities of Riverside, Moreno Valley, and Perris. 12. Exceptional opportunities for industrial land and facilities for contractors exist adjacent to March AFB and in the entire Inland Empire. 13. March AFB offers an excellent geographical relative to the functions of the Division. location 14. This job-generating, clean industry type of activity is what the Inland Empire needs, and therefore excellent ongoing community and governmental support can be anticipated. APPROVED PROGRAM BUDGET PROJECTED INCOME - CASH REVENUES Monday Morning Group City of Moreno Valley City of Riverside Riverside County San Bernardino County Southern California Gas The Valley Group 5,000.00 25,000.00 9,000.00 46,000.00 46,000.00 10,000.00 5,000.00 $146,000.00 PROJECTED NON-CASH CONTRIBUTIONS Southern California Edison Staff Support Keep Riverside Ahead Office Space, Consultant Phone/FAX, Consultant Parking Miscellaneous $15,000.00 48,000.00 4,000.00 2,400.00 800.00 800.00 $ 71,000.00 Note: Calculated hourly rates for staff support include a pro-rated share of office space, materials and supplies, telephone/FAX costs, postage, and parking expenses. TOTAL ........ $217,000 EXPENSES CONSULTANT EXPENSES Consultant, Fees April, May (@ 1/2 time) June, July (@ full time) August-December (@1/2) Consultant, Expenses Consultant, Office Expense $ 7,000 14,000 17,500 9,000 8,000 $ 55,500 STAFFING ASSISTANCE Staff - Meetings, Promotions, Etc. Staff - Analysis Package Development Staff - Administrative, Clerical $ 18,000 25,000 5,000 $ 48,000 PROGRAM COSTS Relocation Analysis Package: Data Retrieval (Staff) Data (Contractual) Graphic Design (Desktop) Graphic Production Aerial/Ground Photography Printing Video Travel Local Promotions CONTINGENCY above 7,000 8,000 7,500 3,000 26,000 15,000 10,000 12,000 $ 88,500 $ 25,000 TOTAL ........ $217,000 PLAN OF ACTION In preparing a strategy for recruiting the relocation of the Space Systems Division to March Air Force Base, several different concerns need to be addressed. The key to the overall effort is to assure that a coordinated approach with a common message is delivered. In the solicitation of support for the relocation, the following groups need to be lobbied regarding the competitive benefits of a March Air Force Base location. The Air Force. Decision makers at the Air Force need to be convinced that a March location would best serve the needs of the SSD mission. This includes the existing command at the LA Air Force Base and the decision makers in the Pentagon. Elected Leadership. The area's legislative delegation, both at the State and national levels, need to offer a unified front regarding the relocation to March. This should also include Governor Deukmejian and his Department of Commerce. Local elected officials should also be educated on the positive economic impact of this project and be asked to pass resolutions of support. Contractors. Aerospace contractors potentially offer the greatest support base. The level of involvement with the SSD of each individual company should be assessed, and their support for maintaining a Southern California location should be solicited. These contractors are also potential supporters in lobbying for the desired decision from the Pentagon and from Congress. Local Business and Citizenry. In our zeal to solicit the needed political and business support for this effort, local interest groups should not be overlooked. It would be disastrous to have outspoken negative reaction from "the community" on this project. A strategy to address the anticipated concerns of each of these interest groups needs to be prepared. The separate strategies should address specific issues, financial concerns, and perceived strengths and weaknesses of the March location. A list of individuals and their role in this efforts needs to be prepared. In addition to the strategies for approaching individuals and interest groups, a promotional package (or packages) must be prepared. This package should receive the highest priority at the early stages of this project. The package will be titled the "Relocation Analysis Package", and its contents will be outlined for the Group. RELOCATION ANALYSIS PACKAGE OUTLINE PURPOSE Prepare an information package that will promote March Air Force Base (and the Inland Empire). as the best location for the Space Systems Division of the United States Air Force. AUDIENCES There will be multiple audiences reviewing this analysis. Care should be taken to present the information such that each of the target audiences are convinced that their concerns have been addressed. The target audiences are: · The United States Air Force; · Military and Civilian Personnel in the Pentagon; · The Current Command at the SSD in Los Angeles; · The Current Employees of the SSD and the Aerospace Corporation in Los Angeles; · Aerospace Contractors in Southern California; · The California Congressional Delegation; · The Governor, Area State Legislators, and the California Department of Commerce; · Local Elected Officials in the Inland Empire; and · Local Citizens. CONCEPT Design the entire package so that the information addresses two basic areas of concern. First, issues and questions raised by the Air Force in its scoping sessions will be addressed. Second, information will be presented that is timely, accurate and persuasive to encouraging decision- makers to select the location at March Air Force Base. To accomplish the above, there are options on how the package can be designed. There could be a single document, either bound or in a loose-leaf binder. There could be two documents--one to address specific data needs of the Environmental Impact Statement process and one to promote the area. Or there could be multiple smaller documents that could individually address either the concerns of the target audiences or specific issue areas. In either case, the package needs to be highly graphic, easy to reference, and eye catching. BASIC OUTLINE Despite the organization of the package, at a minimum it will need to cover the information in the following outline. Basic Demographics A. Population Profile B. Population Projections C. II. Labor Force A. Labor Force Profile B. Historical Labor Force Growth C. Specific Labor Force in regards to the SSD III. Housing A. Availability and cost B. Various community lifestyles available C. Area Recreation D. Environmental Concerns IV. Jobs/Housing Balance A. Current Ratios B. Resident vs. Civilian Labor Force Numbers C. Furthering of Air Quality and Traffic Congestion Goals D. Distribution of Jobs to Housing Rich Area Ve Education A. Local Public Schools System B. Community Colleges and Trade Schools C. Universities in the Inland Empire D. Specific Engineering Degree Programs E. Other Degree Fields of Interest to the Aerospace Industry VI. Transportation Issues A. Overview of the Complete System B. Ontario International Airport C. Measures "A" and "I" D. Commuter Rail Plans E. High-Speed Rail Plans VII. Environmental Concerns A. Air Quality B. Water Quality and Supply C. Traffic Congestion D. Endangered Species E. VIII. Economic Considerations A. Relative Property Values B. Relative Lease Rates C. Relative Cost-of-Living D. Potential Local Incentives for Aerospace Companies E. Lower Private Sector Business Costs IX. Local Business Climate A. Pro-Business B. Area Priority to attract New Clean Industry C. Supportive of SSD Relocation (Solicit Resolutions of Support) Lifestyle Considerations A. Recreation B. Cultural Amenities C. Central Southern California Location XI. Other Employee Relocation Concerns A. Minimize Relocation Demands B. Convenience for Many Existing Employees XII. The SSD Mission at March Air Force Base A. Availability of Suitable Land B. Geographic Proximity to Aerospace/SSD Contractors C. Mail and Telecommunications Quality The outline for the "Relocation Analysis Package" will be completed with the assistance of the partners in the Group. As the outline is expanded and the actual work commences, appropriate use of maps, charts, graphs, diagrams, etc. will be determined. The purpose of the completed package will be the promotion of the March Air Force Base site with the identified target audiences. The ambitious goal for completing the package should be July 1, 1990. Prior to completion of the finished product, information gathered or already available will be forwarded to the Air Force in its preparation of the Draft Environmental Impact Statement (DEIS). SUGGESTED DRAFT RESOLUTION FOR CITIES AND CHAMBERS OF COMMERCE IN THE RIVERSIDE AND SAN BERNARDINO AREAS WHEREAS, The United States Air Force has announced its intention to relocate its Space Systems Division from Los Angeles AFB in an effort to consolidate its functions to realize greater efficiency, provide for future expansion, improve the quality of life for its military and civilian personnel by providing access to affordable housing and reducing commuter time. These efforts should allow the Air Force to achieve its goal of attracting a professional management team for future space systems development. Also, the Air Force has announced its intention to relocate the Ballistic Missile Organization from Norton AFB, in an effort to improve operational efficiency. WHEREAS, the Air Force has maintained an active facility at March AFB since 1917 and the Ballistic Missile Organization or similar agency at Norton AFB since 1962. WHEREAS, California is a critical location for the entire pacific area with respect to supporting all space defense initiatives. WHEREAS, the community leaders of the Riverside-San Bernardino areas have joined together to relocate the Space Systems Division to March AFB and to keep the Ballistic Missile Organization at Norton AFB. Should the Air Force decide to move the Ballistic Missile Organization, the community leaders agree it should move to March AFB. WHEREAS, March Air Force Base possesses the necessary physical space, would provide continuity of operations within the Los Angeles basin, would cause minimal environmental disruption, has access to adequate and reasonably priced housing, offers easy access to Ontario International Airport, is close to a number of colleges and universities within the Inland Empire, enjoys excellent military-community relations, and has an excellent geographical location with adequate land for base and industrial expansion. RESOLVED, that the Riverside Chambers of Commerce respectfully request the Department of the Air Force to relocate the Space Systems Division from Los Angeles AFB to March AFB, and to keep the Ballistic Missile Organization at Norton AFB, or should it be moved, relocate the Ballistic Missile Organization to March Air Force Base. * Note: Each organization should substitute its name in place of Riverside Chambers of Commerce. SUGGESTED DRAFT RESOLUTION FOR CITIES AND CHAMBERS OF COMMERCE IN THE RIVERSIDE AND SAN BERNARDINO AREAS WHEREAS, the United States Air For.ce has announced its intention to relocate the Ballistic Missile Organization from Norton AFB, in an effort to improve operational efficiency by maximizing the use of its existing property. WHEREAS, the Ballistic Missile Organization or similar agency at Norton AFB has been in existence for the purpose of planning, programming, and managing of acquisition of ballistic missile systems since October 1962. As a result, a number of contractors associated with an in support of the Ballistic Missile Organization have located in the area. WHEREAS, California is a critical location for the entire pacific area with respect to supporting space defense initiatives; and WHEREAS, the community leaders of the Riverside-San Bernardino area have joined together to keep the Ballistic Missile Organization at Norton AFB, CA, or should the Air Force decide to move the Organization, it should be relocated to March AFB, CA. Resolved that the Riverside Chambers of Commerce respectfully requests the Department of the Air Force to keep the Ballistic Missile Organization at Norton AFB, or should it be moved, relocate the Ballistic Missile Organization to March Air Force Base along with its parent unit, the Space Systems Division from Los Angeles. Note: Each organization should substitute its name in place of Riverside Chambers of Commerce, etc. jec/AGD17631 CITY OF TEHECUL~ ~GENDAREPORT FROH: D~TE~ MEETING DATEs SUI~ECT~ CITY MANAGER/CITY COUNCIL CAPT. RICK SAYRE, POLICE CHIEF; SCOTT F. FIELD, CITY ATTORNEY JUNE 27, 1990 JULY 10, 1990 CURFEW FOR MINORS ORDINANCE RECOMMEND&TION~ That the City Council introduce and adopt the enclosed Ordinance. DISCUSSION: The City Council directed the City Attorney to prepare an ordinance establishing a curfew in response to a complaint regarding the situation where youths had been congregating in front of an arcade. Attached for the City Council's consideration is an ordinance establishing a curfew for minors. This area of the law has changed over the years and courts have frequently invalidated these types of ordinances based upon constitutional challenges. Consequently, the courts have imposed constitutional limitations on curfew ordinances whereby any proposed ordinance must enumerate exceptions to the curfew so that presence alone is not violative of any proposed ordinance. Moreover, courts have generally not been receptive to a curfew to all individuals; rather a curfew imposed on minors will be generally upheld based on grounds that protection of minors is an important governmental concern. The enclosed Ordinance adopts the standards set forth by the courts by creating curfew restrictions for minors, i.e., individuals under the age of eighteen (18) years, between the hours of 11:00 p.m. and 5:00 a.m. of the day immediately following. We have created the following highlighted exceptions to the curfew restriction: The minor is accompanied by his or her parent, guardian, or other adult person; -1- jec/AGD17631 A minor is returning directly home from a public meeting or recreation events; A minor is on an errand directed by his or her parents or legal guardian; or ® A minor is lawfully engaged in some business, trade, profession or occupation. The proposed Curfew Ordinance is complemented by existing State trespassing provisions under the California Penal Code Section 602 which enumerates the various forms of trespassing on both private and public property. The trespassing provisions of Penal Code Section 602 apply to both minors and adults. It has been the Sheriff's experience that vigorous enforcement of Section 602 will address any loitering problems. (A copy of Penal Code Section 602 is attached hereto for review.) Finally, California Business and Professions Code Section 25662 can be utilized by the Police Department to enforce the prohibition of the possession of alcohol by minors on both private and public property. The provisions of this proposed Curfew Ordinance, along with the existing trespassing and alcohol possession laws should be sufficient to resolve property owners' concerns. FISCAL IMPACT= Usual law enforcement costs· ATTACHMENTS: - Proposed Ordinance No. 90- - California Penal Code Section 602 - California Business & Profession Code Section 25662 -2- j ec/ORD~7 631 ORDINANCE NO. 90- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 11.10 TO THE TEMECULA MUNICIPAL CODE PERTAINING TO THE ESTABLISHMENT OF A CURFEW FOR MINORS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. PURPOSE:- The City Council of the City of Temecula has adopted this Ordinance in order to protect the public health, safety and welfare. SECTION 2. Chapter 11.10 is hereby added to the Temecula Municipal Code, which shall read as follows: "CHAPTER: 11.10 CURFEW FOR MINORS Sections: 11.10.010 11.10.020 11.10.030 11.10.040 11.10.050 Intent. Curfew Established. Exceptions to Curfew. Violation of Curfew by Minor. Responsibility of Adult for Curfew Violations. 11.10.010 Intent. In enacting this Chapter, it is the intent of the City Council to protect children of immature age, to promote the safety and good order in the community, and to reduce the incidence of juvenile criminal and other anti-social behavior. 11.10.020 Curfew Established. It is unlawful for any person under the age of eighteen (18) years to loiter, idle, wander, stroll, play or be present in or upon public streets, highways, roads, alleys, parks, playgrounds, places or buildings between the hours of 11:00 p.m. and 5:00 a.m. of the day immediately following. 11.10.030 Exceptions to Curfew. The provisions of Section 11.10.020 shall not apply in the following circumstances: -1- jec/ORD17631 (a) When the person who is under eighteen (18) years of age is accompanied by his or her-parent, guardian or other adult person having the care and custody of the person who is under eighteen (18) years of age. (b) When the person who is under eighteen (18) years of age is returning directly home from school or from a meeting, entertainment, recreational activity, dance, or place of lawful employment. (c) When the person who is under eighteen (18) years of age is going directly from home to school or to a school-sponsored meeting or to a place of lawful employment. (d) When the person who is under eighteen (18) years of age is accompanied by his or her adult spouse. (e) When the person who is under eighteen (18) years of age is directly en route from school or from a meeting, entertainment, recreational activity, dance or place of lawful employment to a place where food is served to the public. This exception shall continue during the time which is reasonably required to obtain and consume food at such place and to proceed directly home from such place. (f) When the person who is under eighteen (18) years of age is performing, or is en route directly home from'performing, an emergency errand pursuant to the request or direction of an adult person who is charged with the care and custody of the minor performing the errand. 11.10.040 Punishment. Violation of Curfew by Minor. (a) Each person under the age of eighteen (18) years, who violates subsection (a) of Section 11.10.020 of this Chapter shall be guilty of an infraction and shall be dealt with in accordance with State law and procedures governing the prosecution of minors who are charged with infractions. (b) Nothing contained in this Section shall be construed to prohibit the diversion of juvenile violators of Section 11.10.020 or of this Section 11.10.040 to non- criminal programs for disposition of such violations, such as youth court proceedings. -2- j ec/ORDi7631 11.10.050 Responsibility of Adult for Curfew Violations. Each parent, guardian or other adult person having the legal care or custody of a person under the age of eighteen (18) years, who causes, permits, aids, abets, suffers or conceals the violation of any provision of Section 11.10.020, or who conspires with any other person to the end that any provision of Section 11.10.020 shall be violated, shall be guilty of an infraction or a misdemeanor in accordance with the provisions of Sections 1.01.200 of this Code and, upon the conviction thereof, shall be punished in accordance with the provisions of Section 1.01.220 of this Code." 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. NOTICE OF ADOPTION. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. 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 , 1990. day of RON PARKS MAYOR ATTEST: F. D. ALESHIRE city Clerk -3- j ec/ORDI7631 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) ss. I, F. D. Aleshire, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 90- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 1990, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 1990, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: F. D. ALESHIRE CITY CLERK APPROVED AS TO FORM: Scott F. Field City Attorney -4- jec/ORD17631 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) I, F. D. Aleshire, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 90- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 1990, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 1990, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: F. D. ALESHIRE CITY CLERK APPROVED AS TO FORM: Scott F. Field City Attorney -4- jec/ORD17631 Ordinance No. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) ss AFFIDAVIT OF POSTING FRANK D. ALESHIRE, being first duly sworn, deposes and says: That he is the duly appointed and qualified City Clerk of the City of Temecula; That in compliance with City Resolution No. 89-9 on December 1, 1989, ORDINANCE NO. 90- was caused to be posted in three (3) places in the City of Temecula, to wit: Temecula Library Temecula Chamber of Commerce Temecula Post Office F. D. ALESHIRE, CITY CLERK -5- §'598b PgSAL CODE aires away, or aeeepts any ~ traditionally or commonly kept as a pot or companion with the sole person use any part of the animal for food. ' any livestock, poultry, fin~, ahell ~ or any other agr/cultm-al commodfty produced in this state_ Nor. shall *hh 8ec~on be construed to interfere w2h the lawful HIIi.g of wi~!life, or the hwfitl of.any. other animal under the laws of this State pe~,~g to game animals.. (Added byStm.1980, c. 490, § § 599aa. 8tizure d fighting animals and birds. pnraphemnUa, et,~ aHMavitofoffieu'; t'ustody or seized property;, forfeiture and destruction or .redelivery § ~ ~'ew "t~"ng m;-dt.,.e-.,or~ enumeration ~ ' * No~wl"'u,siindi~ Section 6(~8, ever~ person who Willfully co~s · tresp~ by any of the followins sets h gufity of ~ mbdeme~sor. " (~) 8t~t~ time. cott~ dow~ &stroyin~,-or 'mjm~ any kind of wood or'timber stand~ (b) Carry~ away time. Carry~ away any kind of wood or timber ~ on tho~ lands. (c) Injury to or mtmernn~ from I~id. M~3~'~ous~ ;'mjuring ~r severing from ~ frmehold'of (d) SoU reme,~ Digging, t~idng, or carrying 8way from ny !or *situated within the limits*of any incorporated '.c~.., without the !iee~me of the owner or legal occupant, ny earth, soD, or ,tone. (e) Soil remo~ erom p~,Uc propo~. Digging: taking, o~ e~ng ,w~y f~om !and in ~ny city ~11ey, avenue, or pm~ without the license of the proper authorities, any.earth,. soft, oF stone. (O Highway ~ .~. MaUc~mb tnr~g dow~ danu~ing, mumatin~, or &groying any ~ afgnboard, or notiee piacod upon, .or a~ to, any property belonging to the state, or to any city, county, city and emma, town or village, or upon any property ot any person, by the state or by tu mmmmbfie anoc~ which sign, signboard or notice is rutended to indicate.or designate a road, or a highway, or is in_t~__ to dirt~t travelers f~om one point to another, or relates to ~res, ~ controt, or any other nmttor involving the pzotection of the property, or putting up, L4Tndng, hstening, vffinge, or ded~____t~!~ to the public, or upon any property o~ any pet~on, without Ueenso ~rom the owner, any not~e, adt,J'-_ ~nt, or dewJgnat~on o~, or any nanhe for luly commodity, witether for (g) Oyster lamb. Entering upon any lands owned by any other person whereon oysters or other sheil~ are planted or growing;, or 'injuring, pthering, or carrying aw~y. any oy~tern or other ~ planted, gl~whg, or on any such lands, whether covered by water' or not, without the !ieenne of the owner or iepl occupant; or deRtoying or r~moving, or causing to be removed or destroyed, any st~__es, mazim, fences, or ~igns intended to designate the bounda_Hes and limits o! any such lands. (h) Fen~e~, g~am mul mlgn~ W/~rfu!ly oponing, tearing down, or other~ destroying any fence open without the ~ pro'mission o~ the owner, or maliciously tetr~g down, routflaring, or destzoying any sign, ~ or other notice forbidding shooting on private proport~. (J) Firm& BufidJng :fires upon any lands owned by another where signs forbMd~ng aresprom are dhplayed at intervals not greater than one nu*le along the exterior boundaz~es and at all roads and ~ ente~ng the lands, without first having obtahed written permition from the owner o! the lnds or the owner's agent, or the person in law~ poue~ion. 4J) Purpose to ~ Entering any lands, whether unenelom~l or enclosed by fenco, for. the pF, N&L CODE oSstructing, or '~g any lawful bus~ _m? owner's ~gent Or by the l~on in .lawful 1 (k) po~ed butds. ~ntering any lands .... .I...a ~ entering the mmm u,~t~ ~r fm'lln~ to leave the !and O) ....s qenFor by t~e person hunting on the lands, or (3) p,~oving; '* "m~ng,'unlecking, or t~ lands, or (4) D~r~ng Shy firearn~ (/) Oecupation. Entering tnd occupy consent of the owner, the owner's agent, - (m) Drivt. f on priv~ hnt .,~- real oro~x~ty belonging to-or . '~- * %. ~ith0ut the consent ox general public, structures.belon~ng to or mw~m; bein~ .?p~.~t~l_,to leave by (1) · Peace person in lawrut possession, and upon be' the request of the owner, the owner;s ownera qent, or the per,on. h.hw~. P ¼wt~l ~m~ou ~tudl mate a _~tTara~e. _ * r----:. · ' w~h a tre h ¼wfu] posms~.n ~s sbent from the peaco offi~s asshm~ce maybe ~ Section 1140) of 'Dr~ionzm ua~ otherw~ ~uspocted of violating or public and which has siL, M posr, e~ at (r) Hoteb or motelL Refusing or: PENAL CODE ~sing or having another person use any part of sses, imports into this state, sells, buys, ~ kept as a pet or companion with the sole for the purpose of using or having another with the production, marketing, or dispozal of agricul~ commodity produced in this state. he lawful idllinE of wfldl~e, or the lawful id!iing ruefloe or redeUvery who wffifully co~mlts a trespass by any of the r injur~ any kind of wood or'limber S~C~g ~ of wood or _~er lying on those lands. PENAL CODE § 602 obstructing, or injuring any lawful business or occupation carried on by the owner of the land, the owner's agent or by the person in lawful possession. (k) Posted laad~ Entering any lands under cultivation or enclosed by fence, belonging to, or occupied by, another, or entering upon uncul(ivated or unenclosed lands where signs forbidding the owner o! the land, the ~11 ro~ds and muqz entering the mnus wnnout tae wrn~ l~.r-~ · owner's agent or of the person in lawful posse~ion, and (1) Re~ing or failing to leave the lands immediately upon being requested by the owner og the - !and, the owner's agnnt or by the person in lawful possession to leave the lands, or (2) Tearing down, m'uhqating, or destroying any sign, signboard, or notice forbidding trespass' or hunting on the lands, or ($) Removing, injuring, unlocking, or tampering with any lock on any gate on or leading into the lallds, or (4) Discharging any firenn~ . . f ., ,,~.~,A. k~rln~ and occuuving real property or structures 0 any kind without the consent of the owner, the owner's agent, or the perso possess '--' - ' or la occup)ea oy anomer &no Juwwu ..oo~ w ,~ vl~.,-~, upon preper~..?~ ........ · o~- ^wner the owner's agent, or the person m lawful : .(n) Rdmal to ienve pdvlte property. Refusing or ~._e. to leave land,' real pro .p~'ty, or .. mllon in ~ ~~ ~d u~n ~m~ .. oy ............ : .... ~m ~ ~ ~e ~y ~m ~ ~ ~ ~ ~ ~'of ~F " ~ b~ ~ ~, d~ w~ ~ ~ a ~ ~ or ~e ~, o~s ~t or ~n ~,-or mrying away from land in any city _.;-- .~r..~....i~.w~_ rosy be ~e f~ a ~ no~ m ~ m ~ y~ ~ ~-~ ~ ~. 11~) ~ ' '~ 2 ~ ~ ~ ............ ~- -~ for ~u~~~.~la ... · ~., ~~u.tofa~t~~t~~~~ o~or~y~,m~,W~or ~ ~~. . ~ ......... or'~. ~ ~ ~ f~ ~y ~, w~ for .. '-~'- ...... ~- ~ *~ ~ ~ s~ ~ve ~ ~ ~ ~ ~ ~ ~ ~y ~ ~n ~n o~ or o~er ~, at k~ ~t ~ ~ o~ ~e ~ong me ~- ~---- ~, ~ ~ a~X ~ o~ or o~ ~ ~h ~.~. ~ ~ by ~'~ ~ ~out ~e (p) ~ ~ ~ ~ b~. ~ or g~g~ ~ve a ~b~ b~ of a ~b~ ~ ~ .... ~ s~ ~~ ~. su~ ~~~~'~yfen~ ............ ~ ' ' ~~~'~' (r) aMor~ ~~~hves~or~ ~b~sb~ob~ ~ ~'2 (~~ ~*~ ~ ~ o~ 't~e ~ ~ ~ 4 ~ '~ 8 ~ ~ ~ ~e. ~ d.bam. by ..t.d~ * *~ 29 § 602' P~ COD~ owner, whether or not g~rally open to the publ~ after having been hiformed by a p~mce officer at ~ ~uest ~ ~ owner, ~ own~s ~ or mean in h~ ~~ ~ ~n ~ ~o~ by ~ ~ o~ ~t ~ or ~e k ~ at ~ ~u~t of the o~, ~ o~$ ~n~ or ~ ~ h k~ '~~ ~t the ~ k not ~ to ~ ~ ~ ~ ~ or ~ ~ ~ ~ ~ ~ ~g ~ ~ ~ve.~ pm~ ~ ~e ~ ~ k ~ ~~~~ffi~by~o~,~o~s~or~e~n~h~ IN~e ~okfffuJ~W~x~dwre. 7101~.GmL 22~, 7-7-88. p~E CODE TITLE 15. MI (~) ',~~' means ~e U~ersi~ o: any campus or ~' o~ ~ (~) ,,~~ ~11e~" m~ ~Y Pt ~n ~e. . i~L ~ of hw'~ SSIONS CODE ~ ~rie~or for ~ .~ Under~ under 21 purchase any 'employee, is aore than one f this section I fif~ dollars 36 hours of ~yed or is not ervice, as the · ~s defense a document ,r subdiv~ion fie operator's rmed Forces, ;.cture of the ~r agent, de- ~' evidence in by Sections ~- of any any liceasee~ ~ or her own or otherwise meanor and · ($250),' 'no I to perform ~vice during school, or a :.cottrt. · 1SS4. ~ BUSINESS AND PROFESSIONS CODE § 25663 1~3 Amendment: Doubled the fine. ~ Ammdment: Added (1) "or her" wherever it appears; and (2) "; or the person shall be'required to pe~)nn not less than 24 hours nor more than 32 hours of co~mumllity service during hours when the p~w~on is not employed and is not attending school, or a combination of fine and community service as d~'mined by the court". C~l lur ~d (Rev) Criminal Law § 71. ~ of 198] legislation. 15 Pac I.J § 25662. Possession by person under 21 years of age; Seizure, destruction, sad impoundment by peace office· (a) Any person under the age of 21 years who has any alcoholic beverage in his or her possession on any street or highway or in any public place or in any place open to the public is guilty of a misdemeanor. This section does not apply to possession by a person under the age of 21 years making a delivery of an alcoholic beverage in pursuance of the order of his or her parent or in pursuance of his or her employment.- (b) Unless otherwise'provided by law, where a peace officer has lawfully rotered the 'premises, the' peace officer may seize any alcoholic beverage in plain view which is in the possession' of, or provided to,-a person under the age of 21 years at social gatherings, when those gatherings are open to the public, 10 or more persons under the age of 21 years are participating, persons under the age of 21 years are consuming alcoholic beverages, and there is no supervision of the social gathering bya parent or guardian of one or more of the participants. ~ , Where a peace officer has seized alcoholic beverages pursuant to this subdivision, the officer may destroy any alcoholic beverage contained in. an opened container and in the possession of, or provided to, a person under the age of 21 years, and, with respect to alcoholic beverages in unopened containers, the officer shall impound those beverages for a period not to exceed seven working days pending a request for the release of.~those beverages by a person 21 years of age or older who is the lawful owner or resident of the property upon which the alcoholic beverages were seized. If no one requests release of the seized alcoholic beverages wi~in~ the time limits prescribed herein, those beverages may be destroyed. ~ S~ts 1988 ch 680 scc L 1988 A ~-~ -~ Added (I) subdivision d~sisnation (a); (2) ~o~ !m~'whe~ever it appears in subd (a); mid O) subd (b). Review of Selected 1988 l.,esishtion. 20 P~:ific LJ 68~. § 25663. Employment of person-under 21; .Employment of person under 18 by off-sale !icensee .- (a) Every person who' employs or uses the services of any person under the age of 2t years in or on that portion'of any ~ises, during business hours, which are .primarily designed and used for the sale and service of alcoholic beverages for consumption on the premises is guilty of a misdemeanor. (b) Any off-sale licensee who employs or uses the services of any person under the age of 18 years for the sale of alcoholic beverages shall be subject to suspension or revocation of his or her license, except that a person under the age of 18 years may be employed or used for those purposes if that person is under the continuous .supervision of a person 21 years of age or older. [.to 8us & ~ cooel 49 r CITY OF TEMECULA AGENDA REPORT AB#: HTG: ?/zo/9o OEPT:)~zB TITLE: C~%BLE TELEVTB~ON CITY ATTY' CITY MGR ~ RECOI,~END&TTON: Waive further reading, read by title only, and introduce an ordinance entitled: ORDINANCE NO. An ordinance of the City of Temecula governing Cable Television Franchises hereinafter granted by the City of Temecula. BACKGROUND: At the May 15, 1990 City Council Meeting, the City Council received and filed a Cable Television report by staff, directed staff to reject all Cable Television license applications, and directed the City Manager to hire a Cable Television consultant to draft a new City Cable Television Ordinance. The May 15, 1990 staff report was received and filed and staff has rejected the one Cable Television license application received from Jones Intercable on May 8, 1990. The City Manager hired Mr. Carl Pilnick and Mr. Mike Friedman of Telecommunications Management Corporation (TMC) to draft the new City Cable Television Ordinance. TMC provided a draft City Ordinance for City review by staff on May 24, 1990. Staff reviewed the draft and forwarded comments to TMC for discussion and incorporation into the Ordinance on June 4, 1990. On June 5, 1990, TMC provided the City with an updated draft Ordinance incorporating the City's recommended additions and clarifications. On June 7, 1990, copies of the draft Ordinance were forwarded to Jones Intercable and Inland Valley Cablevision for comments. The City requested their response by June 15, 1990. Both Jones and Inland requested an extension until June 20, 1990, and their request was granted. On June 20, 1990, Jones presented their recommendations to staff and TMC. Inland Valley Cablevision did not respond. On June 29, 1990, TMC and staff reviewed Jones' comments and accepted the majority of their recommendations. The draft Ordinance was once again updated on July 2, 1990 to reflect Jones' recommendations. Mr. Carl Pilnick and Mr. Mike Friedman of Telecommunications Management Corporation are available tonight to either present to the Council a short overview of the Ordinance or answer the Council's questions. FISCAL IMPACT: With the direct competition that the Ordinance creates and with the addition of a second Cable Television Operator within the City, it is anticipated that Cable Television availability and expansion will occur. This action will increase the City's franchise fee revenues. Additionally, with the Public, Educational, and Governmental (PEG) access, equipment and facility savings will also be realized. ATT&CHMENT= Ordinance No. : An Ordinance of the City of Temecula governing Cable Television Franchises hereinafter granted by the City of Temecula. 6/5/90 ORDINANCE NO. AN ORDINANCE OF THE CITY OF TEMECULA GOVERNING CABLE TELEVISION FRANCHISES HEREINAFTER GRANTED BY THE CITY OF TEMECULA. - i - TABLE OF CONTENTS Section Title Page 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 Intent .................. 1 Definitions ............... 2 Franchise to Install and Operate . . 7 Franchise Required ........... 8 Term of the Franchise ........... 9 Franchise Territory ............ 10 Federal or State Jurisdiction ...... 11 Franchise Non-Transferable ........ 13 Geographical Coverage .......... 16 Nonexclusive Franchise .......... 17 Multiple Franchises ......... 18 Franchise Applications .......... 20 Applications - Contents .......... 21 Solicitation of Applications ....... 22 Minimum Consumer Protection and Service Standards ........... 23 Additional Service Standards ...... 30 Franchise Fee ............... 31 Security Fund ............... 33 Design and Construction Requirements . . 34 Technical Standards ............ 37 Hold Ilarmless ............... 38 Insurance ................ ~. 39 Records Required and Grantor's Right to Inspect ............. 42 - ii - TABLE OF CONTENTS (Continued) Section 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 1.38 1.39 1.40 1.41 1.42 1.43 Title ~age Annual Reports ............ 43 Copies of Federal and State Reports .... 44 Public Reports ............. 45 Complaint Report and Opinion Survey .... 46 Privacy Report .............. 47 Reports - General ............. 48 Annual Review of System Performance .... 49 Special Review of System Performance . 50 Special Evaluation Sessions ........ 51 Remedies for Franchise Violations ..... 52 Grantor's Power to Revoke ......... 54 Procedure for Remedying Franchise Violations ............... 55 Force Majeure; Grantee's Inability to Perform ............... 57 Abandonment or Removal of Franchise Property ............ 58 Restoration by Grantor: Reimbursement of Costs .......... 60 Extended Operation and Continuity of Services ....... 61 Receivership and Foreclosure ....... 62 Rights Reserved to'Grantor ........ 64 Rights of Individuals ........... 65 Separability ............. 67 ORDINANCE NO. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: The following Chapter is added to the City of T~mecula Municipal Code: CHAPTER CABLE TELEVISION FRANCHISES Section 1.1 Intent A. The City of Temecula, pursuant to Government Code Section 53066, is authorized to grant one or more nonexclusive revocable franchises to construct, operate, maintain and reconstruct cable television systems within the City limits. B. The City Council finds that the development of cable television and communications systems has the potential of having great benefit and impact upon the residents of Temecula. Because of the complex and rapidly changing technology associated with cable television, the City Council further finds that the public convenience, safety and general welfare can best be served by establishing regulatory powers which should be vested in the City or such persons as the City shall designate. It is the intent of this Chapter and subsequent amendments to provide for and specify the means to attain the best possible cable television service to the public and any franchises issued pursuant to this Chapter shall be deemed to include this finding as an integral part thereof. - 2 - Section 1.2 Definitions. For the purpose of this Chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. Words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. Words not defined shall be given their common and ordinary meaning. A. "Basic Cable Service" means any service tier which includes the retransmission of local television broadcast signals. B. "Cable Television System" or "System", also referred to as "Cable Communications System" or "Cable System", means a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment, that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include: (1) A facility that serves only to retransmit the television signals of one or more television broadcast stations. (2) A facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control, or management, unless such facility uses any public rights-of-way. (3) A facility of a common carrier, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video prographing directly to subscribers; or (4) Any facilities of any electric utility used solely for operating its electric utility system. C. "Cable Service" means the total of the following: (1) The one-way transmission to subscribers of video programming or other programming service; and (2) Subscriber interaction, if any, which is required for the selection of such video programming or other programming service. D. "Channel" or "Cable Channel" means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel as defined by the Federal Communications Commission. E. "Council" means the City Council of the City of Temecula. F. "Franchise" means an initial authorization, or renewal thereof issued by the City Council, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a cable system. G. "Franchise Agreement" means a franchise grant ordinance, or a contractual agreement, containing the specific provisions of the franchise granted, including references, specifications, requirements and other related matters. - 4 - If. "Franchise Fees" means any tax, fee or assessment of any kind imposed by a franchising authority or other govern- mental entity on a Grantee or cable subscriber, or both, solely because of their status as such. The term "franchise fee" does not include: (1) Any tax, fee or assessment of general appli- cability (including any such tax, fee, or assessment imposed on both utilities and cable operators or their services, but not including a tax, fee or assessment which is unduly discrim- inatory against cable operators or cable subscribers); (2) Capital costs which are required by the franchise to be incurred by Grantee for public, educational, or governmental access facilities: (3) Requirements or charges incidental to the awarding or enforcing of the franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages; or (4) Any fee imposed under Title 17, United States Code. I. "Grantee" means any "person" receiving a franchise pursuant to this Chapter and under the gr~nting franchise ordinance or agreement, and its lawful successor, transferee or assignee. J. "Grantor" means the City of Temecula as represented by the Council or any delegate acting within the scope of its jurisdiction. - 5 - K. "Gross Annual Receipts" means the annual gross receipts received by a Grantee from all sources of operations of the Cable Television System within the City utilizing the public streets and rights-of-way for which a franchise is required in order to deliver such cable service, excluding refundable deposits, except that any sales, excise or other taxes collected for direct pass-through to local, State or Federal government shall not be included. L. "Initial Service Area" means the area of the City which will receive service initially, as set forth in the Franchise Agreement. M. "Installation" means the connection of the system to subscribers' terminals, and the provision of service. N. "Person" means an individual, partnership, associa- tion, joint stock company, trust, corporation or governmental' entity. O. "Public, Educational or Government Access Facilities" or "PEG Access Facilities" means the total of the following: (1) Channel capacity designated for public, education, or governmental use; and (2) Facilities and equipment for the use of such channel capacity. P. "Section" means any section, subsection, or provision of this Chapter. Q. "Service Area" or "Franchise Area" means the entire geographic area within the City as it is now constituted or may in the future be constituted. - 6 - R. "Service Tier" means a category of cable service or other services provided by a Grantee and for which a separate rate is charged by the Grantee. S. "State" means the State of California. T. "Street" means each of the following which have been dedicated to the public or are hereafter dedicated to the public and maintained under public authority or by others and located within the City limits: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way and similar public property and areas that the Grantor shall permit to be included within the definition of street from time to time. U. "Subscriber" means any person who or which elects to subscribe to, for any purpose, a service provided by the Grantee by means of or in connection with the cable system. - 7 - Section 1.3 Franchise to Install and Operate. A franchise granted by the City under the provisions of this Chapter shall encompass the following purposes: A. To engage in the business of providing cable television service, and such other services as may be permitted by law, to subscribers within the designated service area. B. To erect, inst~11, construct, repair, rebuild, reconstruct, replace, maintain, and retain, cable, lines, related electronic equipment, supporting structures, appurtenances, and other property in connection with the operation of a cable system in, on, over, under, upon, along and across streets or other public places within the designated service area. C. To maintain and operate said franchise properties for the origination, reception, transmission, amplification, and distribution of television and radio signals and for the delivery of cable services. D. To set forth the obligations of a Grantee under the franchise. - 8 - Section 1.4 Franchise Required. It shall be unlawful for any person to construct, install or operate a cable television system in the City within any public street without a properly granted franchise awarded pursuant to the provisions of this Chapter. ' Section 1.5 Term of the Franchise. A. A franchise granted hereunder shall be for a term established in the Franchise Agreement, commencing on the Grantor's adoption of an ordinance authorizing the franchise. B. A franchise granted hereunder may be renewed upon application by the Grantee pursuant to the provisions of applicable State and Federal law and of this Chapter. Section 1.6 Franchise Territory. Any franchise shall be within all the territorial limits of the City, and within any area added to the City during the term of the franchise. - 11 - Section 1.7 Federal or State Jurisdiction. A. This Chapter shall be construed in a manner consistent with all applicable Federal and State laws. Whenever the Federal Communications Commission (FCC) or Public Utilities Commission (PUC) of the State of California or any o~her Federal or State agency shall now or hereafter exercise any paramount jurisdiction over any specific provisions of this Chapter, such paramount jurisdiction shall preempt or preclude the exercise of like jurisdiction by the City. Any modification of such Federal or State law shall to the extent applicable be considered a part of this Chapter as of the effective date of such modification. B. In the event that the State or Federal government discontinues preemption in any area of cable communication over which it currently exercises jurisdiction in such manner as to expand rather than limit municipal regulatory authority, Grantor may, if it so elects, adopt rules and regulations in these areas, provided that such rules and regulations shall not apply to any franchise issued pursuant to this Chapter prior to the adoption of such rules and re~lulations to the extent they materially adversely affect such franchise, including without limitation requirements with respect to system rebuilds, channel capacity, system design, construction and performance requirements, public, educational or governmental access facilities, support for any such facilities, interconnect commitments, activation of interactive capability or institutional - 12 - networks. Such new municipal regulatory powers may, however, affect existing franchises with respect to franchise renewal procedures, franchise fees, consumer protection provisions, regulation of rates, technical standards and related provisions. C. This Chapter shall apply to all franchises'granted or renewed after the effective date of this Chapter. It shall further apply to the extent permitted by applicable Federal or State law to all existing franchises granted prior to the effective date of this Chapter. - 13 - Section 1.8 Franchise Non-Transferable. A. Grantee shall not sell, transfer, lease, assign, sublet or dispose of, in whole or in part, either by forced or involuntary sale, or by ordinary sale, contract, consoli- dation or otherwise, the franchise or any of the rights or privileges therein granted, without the prior consent of the Council and then only upon such terms and conditions as may be prescribed by the Council, which consent shall not be unreasonably denied or delayed. Any attempt to sell, transfer, lease, assign or otherwise dispose of the franchise without the consent of the Council shall be null and void. B. The requirements of Subsection A. shall apply to any change in the control of Grantee. The word "control" as used herein is not limited to major stockholders or partnership interests, but includes actual working control in whatever manner exercised. In the event that Grantee is a corporation, prior approval of the Council shall be required where ownership or control of more than ten percent (10%) of the voting stock of Grantee is acquired by a person or group of persons acting in concert, none of whom own or control the voting stock of the Grantee as of the effective date of the franchise, singularly or collectively. C. Grantee shall notify Grantor in writing of any fore- closure or any other judicial sale of all or a substantial part of the franchise property of the Grantee or upon the termination of any lease or interest covering all or a - 14 - substantial part of said franchise property. Such notification shall be considered by Grantor as notice that a change in control of ownership of the franchise has taken place and the provisions under this Section governing the consent of Grantor to such change in control of ownership shall apply. D. For the purpose of determining whether it shall consent to such change, transfer, or acquisition of control, Grantor may inquire into the qualifications of the prospective transferee or controlling party, and Grantee shall assist Grantor in any such inquiry. In seeking Grantor's consent to any change of ownership or control, Grantee shall have the responsibility of insuring that transferee completes an application in form and substance reasonably satisfactory to Grantor, which application shall include the information required under Subsections A. through H. of Section 1.13 of this Chapter. An application shall be submitted to Grantor not less than sixty (60) days prior to the date of transfer. The transferee shall be required to establish that it possesses the qualifications and financial and technical capability to operate and maintain the system and comply with all franchise requirements for the remainder of the term of the franchise. If, after considering the legal, financial, character, technical and other public interest qualities of the applicant and deter- mining that they are satisfactory, the Grantor finds that such transfer is acceptable, the Grantor shall transfer and assign the rights and obligations of such franchise as in the public interest. The consent of the Grantor to such transfer shall not be unreason- ably denied or delayed, provided that in the absence of overriding - 15 - reasons to limit the number of franchises to one (1) in the City, Grantor shall presume that competition among at least two (2) cable operators is beneficial to the City and its residents, and accordingly, shall not consent to any transfer that would result in a reduction in competition. E. Any financial institution having a pledge of the Grantee or its assets for the advancement of money f~r the construction and/or operation of the franchise shall have the right to notify the Grantor that it or its designee satisfactory to the Grantor shall take control of and operate the cable television system, in the event of a Grantee default in its financial obligations. Further, said financial insti- tution shall also submit a plan for such operation within thirty (30) days of assuming such control that will insure continued service and compliance with all franchise require- ments during the term the financial institution exercises control over the system. The financial institution shall not exercise control over the system for a period exceeding one (1) year unless extended by the Grantor in its discretion and during said period of time it shall have the right to petition the Grantor to transfer the franchise to another Grantee. F. Grantee shall reimburse Grantor for Grantor's reasonable processing and review expenses in connection with a transfer of the franchise or of control of the franchise, including without limitation costs of administrative review, financial, legal and technical evaluation of the proposed transferee, consultants (including technical and legal experts and all costs incurred by such experts), notice and publication costs and document preparation expenses. - 16 - Section 1.9 Geographical Coverage. A. Grantee shall design, construct and maintain the cable television system to have the capability to pass every dwelling unit in the City, subject to any line extension requirements of the franchise agreement. B. After service has been established by activating trunk and/or distribution cables for any service area, Grantee shall provide service to any requesting subscriber within that service area within thirty (30) days from the date of request, provided that the Grantee is able to secure all rights-of-way necessary to extend service to such subscriber within such thirty (30) day period on reasonable terms and conditions. Section 1.10 Nonexclusive Franchise. Any franchise granted shall be nonexclusive. The Grantor specifically reserves the right to grant, at any time, such additional franchises for a cable television system or any component thereof, as it deems appropriate. - 18 - Section 1.11 Multiple Franchises. A. Grantor may grant any number of franchises on a City- wide basis. Grantor may limit the number of franchises granted, based upon, but not necessarily limited to, the following considerations: , (1) The capacity of the public rights-of-way to accommodate multiple coaxial cables in addition to the cables, conduits and pipes of the utility systems, such as electrical power, telephone, gas and sewerage. (2) The benefits that may accrue to cable subscribers as a result of cable system competition, such as lower rates and improved service. (3) The disadvantages that may result from cable system competition, such as the requirement for multiple pedestals on residents' property, and the disruption arising from numerous excavations of the rights-of-way. B. In the absence of overriding reasons to limit the number of franchises to one (1) in the City, Grantor shall presume that competition between at least two (2) cable operators is beneficial to the City and its residents. Each Grantee awarded a franchise to serve the entire City shall offer service to all residences in the City, in accordance with construction and service schedules mutually agreed upon between Grantor and Grantee, with a minimum to achieve thirty-three percent (33%) service to existing residences by the expiration of one-third (1/3) of the franchise term and one hundred percent (100%) service to remaining residences by the expiration of one-half (1/2) of the franchise term. - 19 - C. Developers of new residential housing with underground utilities shall provide conduit to accommodate cables for at least two (2) cable systems in accordance with the provisions of Section 1.19.D. D. Grantor may require that any new Grantee be responsible for its own underground trenching and the costs associated therewith, if, in Grantor's opinion, the rights-of-way in any particular area cannot feasibly and reasonably accommodate additional cables. - 20 - Section 1.12 Franchise Applications. Any person desiring a franchise or franchise renewal for a cable television system shall file an application with the City. A reasonable nonrefundable application fee established by the City shall accompany the application or renewal application to cover all costs associated with processing and reviewing the application, including without limitation costs of admin- istrative review,.financial, legal and technical evaluation of the applicant, consultants (including technical and legal experts and all costs incurred by such experts), notice and publication requirements with respect to the consideration of the application and document preparation expenses. In the event such costs exceed the application fee, the selected applicant(s) shall pay the difference to the City within thirty (30) days following receipt of an itemized statement of such costs. - 21 - Section 1.13 Applications - Contents. An application for a franchise for a cable television system shall contain, where applicable: A. A statement as to willingness to serve the entire City of Temecul .~. B. Resume of prior history of applicant, including the expertise of applicant in the cable television field. C. List of the l~artners, general and limited, of the applicant, if a partnership, or the percentage of stock owned or controlled by each shareholder, if a corporation. D. List of officers, directors and managing employees of applicant, together with a description of the background of each such person; E. The names and addresses of any parent or subsidiary of applicant or any other business entity owning or controlling applicant in whole or in part, or owned or controlled in whole or in part by applicant; F. A current financial statement of applicant verified by a CPA audit or otherwise certified to be true, complete and correct to the reasonable satisfaction of the City; G. Proposed construction and service schedule. H. Any reasonable additional information that the City deems applicable. Section 1.14 Solicitation of Applications. A. The Council may, by advertisement or any other means, solicit and call for applications for cable television system franchises, and may deem and fix any date upon or before which the same shall be received by the City, and may specify any other times, terms, conditions, or limitations respecting the soliciting and receiving of such applications. B. Upon receipt of any application for a franchise, the Council shall refer the same to the City Manager, who shall prepare a report and make his recommendations respecting such application. A public hearing shall be set prior to any franchise grant, at a time and date approved by the Council. Within sixty (60) days after the close of the hearing, the Council shall make a decision based upon the evidence received at the hearing as to whether or not the franchise(s) should be granted, and, if granted, subject to what conditions. The Council may grant one (1) or more franchises, or may decline to grant any franchise. - 23 - Section 1.15 Minimum Consumer Protection and Service Standards. A. Grantee shall maintain a local office or offices to provide the necessary facilities, equipment and persgnnel to comply with the following consumer protection and standards under normal conditions of operation: (1) Sufficient toll-free telephone line capacity during normal business hours to assure that a minimum of ninety-five percent (95%) of all calls will be answered before the sixth ring and ninety percent (90%) of all callers for service will not be required to wait more than thirty (30) seconds before being connected to a service representative. (2) Emergency toll-free telephone line capacity on a twenty-four (24) hour basis, including weekends and holidays. (3) A business and service office, within the City open during normal business hours at least eight (8) hours daily, and at least four (4) hours weekly on evenings or weekends, and adequately staffed to accept subscriber payments and respond to service requests and complaints. (4) An emergency system maintenance and repair staff, capable of responding to.and repairing major system malfunction on a twenty-four (24) hour per day basis. (5) An installation staff, capable of installing service to any subscriber within seven (7) days after receipt of a request, in all areas where trunk and feeder cable have been activated. - 24 - (6) Grantee shall schedule, within a specified four (4) hour time period, all appointments with subscribers for installation or service. B. Grantee shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Scheduled interruptions, insofar as possible, shall be preceded by notice and shall occur during period of minimum use of the system, preferably between midnight and six A.M. (6:00 A.M.). C. Grantee shall maintain a written log, or an equivalent stored in computer memory and capable of access and reproduction in printed form, for all service interruptions and requests for cable service. D. The Grantee shall maintain a repair force of tech- nicians capable of responding to subscriber requests for service within the following time frames: (1) For a system outage: Within two (2) hours, including weekends, of receiving subscriber calls or requests for service which by number identify a system. outage of sound or picture of one (1) or more channels, affecting at least ten percent (10%) of the subscribers of the system. (2) For an isolated outage: Within twenty-four (24) hours, including weekends, of receiving requests for service identifying an isolated outage of sound or picture for one (1) or more channels. (3) For inferior signal quality: Within forty-eight (48) hours, including weekends, of receiving a request for service identifying a problem concerning picture or sound quality. Grantee .shall be deemed to have responded to a request for service under the provisions of this Section when a tech- nician arrives at the service location and begins work on the problem. In the case of a subscriber not being home when the technician arrives, the technician shall leave written notifica- tion of arrival. Three (3) successive subscriber failures to be present at an appointed time shall excuse Grantee of duty to respond. No charge shall be made to the subscriber for any service call unless the service request can be demonstrated to be both repeated and non-cable system in origin, or to involve subscriber negligence. E. Unless excused, Grantee shall determine the nature of the problem within forty-eight (48) hours of beginning work and resolve all cable system related problems within five (5) business days unless technically infeasible. Failure to resolve cable system related problems within thirty (30) days shall be a material breach of this Agreement. F. Upon five (5) days notice, Grantee shall establish its compliance with any or all of the standards required above. Grantee shall provide sufficient documentation to permit Grantor to verify the compliance. - 26 - G. A repeated and verifiable pattern of non-compliance with the consumer protection standards of A-E above, after Grantee receipt of due notice and an opportunity to cure, may be deemed a material breach of the Franchise Agreement. H. Grantee shall establish written procedures ~or receiving, acting upon and resolving subscriber complaints without inter- vention by the Grantor. The written procedures shall prescribe the manner in which a subscriber may submit a complaint either orally or in writing specifying the subscriber's grounds for dissatisfaction. Grantee shall file a copy of these procedures with Grantor. I. Grantor may determine, upon a review of a subscriber complaint and the Grantee's decision, if any, whether further action is warranted. In the event the Grantor does not initiate further proceedings within fifteen (15) days of the filing of the complaint, the Grantee's proposed action or resolution shall be final. If the Grantor decides to initiate further investigation, the Grantor shall allow the Grantee and the subscriber to submit, within ten (10) days of notice thereof, a written statement of the facts and arguments in support of their respective positions. The Grantee or the subscriber may request in such statement that a hearing be conducted by the Grantor. Grantor shall give notice in writing of the time and place for such hearing. The hearing shall be conducted informally, and the parties may offer any information pertinent to the dispute. The parties shall provide any additional evidence, including testing reports from the Grantee, which the Grantor may deem necessary to an understanding and determination of the dispute. The Grantor shall issue a written decision within fifteen (15) days of receipt of the written statements or, if a hearing is requested, within fifteen (15) days of the conclusion of the hearing, setting forth the basis of the decision. J. The Grantor may establish an escrow account wherein a subscriber may deposit a disputed portion of the subscriber's monthly service charge. If a subscriber either continues to make full and timely payment of all monthly service charges to Grantee or deposits any disputed portion of such monthly service charges into said escrow account, Grantee shall not discontinue service during the pendency of a complaint submitted under the provisions of this ordinance. Any amount deposited in the escrow account shall be paid to the Grantee or subscriber in accordance with a final determination of a complaint. Grantee shall advise all subscribers, in writing, of these escrow provisions. K. It shall be the right of all subscribers to continue receiving service insofar as their financial and other obliga- tions to the Grantee are honored. In the event that the Grantee elects to rebuild, modify, or sell the system, or the Grantor gives notice of intent to terminate or not to renew the franchise, the Grantee shall act so as to ensure that all subscribers receive continuous, uninterrupted service so long as the franchise remains in force. - 28 - In the event of a change of Grantee, or in the event a new operator acquires the system, the original Grantee shall cooperate with the Grantor, new Grantee or operator in maintaining continuity of service to all subscribers. During such period, Grantee shall be entitled to the 'revenues for any period during which it operates the system. L. In the event Grantee fails to operate the system for seven (7) consecutive days without prior approval or subsequent excusal of the Grantor, the Grantor may, at its option, operate the system or designate an operator until such time as Grantee restores service under conditions acceptable to the Grantor or a permanent operator is selected. If the Grantor should fulfill this obligation for the Grantee, then during such period as the Grantor fulfills such obligation, the Grantor shall be entitled to collect all revenues from the system, and the Grantee shall reimburse the Grantor for all reasonabl~ costs or damages in excess of the revenues collected by the Grantor that are the result of the Grantee's failure to perform. M. Every officer, agent, or employee of the Grantee or its contractors or subcontractors who come into contact with members of the public shall wear on their outer clothing a photo-identification card in a form approved by Grantor. Grantee shall account for all identification cards at all times. Every vehicle of the Grantee or its contractors or subcontractors - 29 - shall be clearly identified as working for Grantee. The Grantee's telephone number shall also be clearly marked on all such vehicles. All such identification shall be returned on termination of service or permanently defaced on the sale of vehicle. - 30 - Section 1.16 Additional Service Standards. Additional service standards and standards governing consumer protection and response by Grantee to subscriber complaints not otherwise provided for in this Chapter may be established in the Franchise Agreement, and Grantee ~hall comply with such standards in the operation of the cable television system. A verified and continuing pattern of noncompliance may be deemed a material breach of the franchise. Section 1.17 Franchise Fee. A. Following the issuance and acceptance of the franchise, the Grantee shall pay to the Grantor a franchise fee in the amount set forth in the Franchise Agreement. B. The Grantor, on an annual basis, shall be furnished a statement within sixty (60) days of the close of the calendar year, either audited and certified by an independent Certified Public Accountant or certified by a financial officer of the Grantee, reflecting the total amounts of gross receipts and all payments, deductions and computations for the period covered by the payment. Upon ten (10) days prior'written notice, Grantor shall have the right to conduct an independent audit of Grantee's records, in accordance with Generally Accepted Accounting Procedures, and if such audit indicates a franchise fee underpayment of two percent (2%) or more, the Grantee shall assume all reasonable costs of such an audit. C. No acceptance of any payment by the Grantor shall be construed as a release or as an accord and satisfaction of any claim the Grantor may have for further or additional sums payable as a franchise fee under this ordinance or for the performance of any other obligation of the Grantee. D. In the event that any franchise payment or recomputed amount is not made on or before the dates specified herein, Grantee shall pay as additional compensation: (1) An interest charge, computed from such due date, at an annual rate equal to the average rate of return on invested funds of the Grantor during the period for which payment was due; and - 32- (2) If the payment is late by forty-five (45) days or more, a sum of money equal to five percent (5%) of the amount due in order to defray those additional expenses and costs incurred by the Grantor by reason of delinquent payment. E. Franchise fee payments shall be made in accordance with the schedule indicated in the Franchise Agreement. - 33- Section 1.18 Security Fund. A. Grantor may require Grantee to deposit into an interest bearing account established by Grantor a sum established in the Franchise Agreement as a security fund. This sum shall be maintained on deposit for a term as provided in the Franchise Agreement, with any interest payable to Grantee. B. The security fund shall be available to Grantor to satisfy any and all claims, liens and/or taxes due Grantor from Grantee which arise by reason of construction, operation, or maintenance of the system, and to satisfy any remedies or liquidated damages arising out of a franchise breach, subject to the procedures and amounts designated in the Franchise Agreement. C. Subject to Grantor approval, the security fund requirements may be satisfied by conveyance of an irrevocable letter of credit to the Grantor, or by provision of a corporate surety bond, in a form approved by Grantor. - 34 - Section 1.19 Design and Construction Requirements. A. Grantee shall not construct any cable system facilities until Grantee has secured the necessary permits from Grantor, or other cognizant public agencies. B. In those areas of the City where transmission or distribution facilities of the public utilities providing telephone and electric power service are underground, the Grantee likewise shall construct, operate and maintain its transmission and distribution facilities therein underground. C. In those areas of the City where Grantee's cables are located on the above-ground transmission or distribution facilities of the public utility providing telephone or electric power service, and in the event that the facilities of both such public utilities subsequently are placed underground, then the Grantee likewise shall reconstruct, operate and maintain its transmission and distribution facilities under- ground, at Grantee's cost. D. In the event of multiple franchisees desiring to serve new residential develol~ments in which the electric power and telephone utilities are underground, the following procedure shall apply with respect to aceess to and utilization of under- ground easements: (1) The developer shall be responsible for contacting and surveying all franchised cable operators to ascertain which operators desire to provide cable television service to that development. The developer may establish a reasonable deadline to receive cable operator responses. The final development map - 35 - shall indicate the cable operators that have agreed to serve the development. (2) If one (1) or two (2) cable operators wish to provide service, they shall be accommodated in the joint utilities trench on a nondiscriminatory shared basis. If fewer than two (2) operators indicate interest, the developer shall provide conduit to accommodate two (2) sets of cable television cables and dedicate to the City any initially unoccupied conduit. The developer shall be entitled to recover the cost of such initially unoccupied conduit in the event that Grantor sub- sequently leases or sells occupancy or use rights to any Grantee. (3) The developer shall provide at least ten (10) working days notice of the date that utility trenches will be open to the cable operators that have agreed to serve the development. When the trenches are open, cable operators shall have forty-eight (48) hours to begin the installation of their cables, and five (5) days after beginning installation to complete insta 11a tion. (4! The final development map shall not be approved until the developer submits evidence that: (a) It has notified each Grantee that underground utility trenches are to open as of an estimated date, and that each Grantee will be allowed access to such trenches, including trenches from proposed streets to individual homes or home sites, on specified nondiscriminatory terms and conditions; and (b) It has received a written notification from each Grantee that the Grantee intends to install its facilities during the open trench period on the specified terms and conditions, or such other terms and conditions as are mutually agreeable to the - 36 - developer and Grantee, or has received no reply from a Grantee within ten (10) days after its notification to such Grantee, in which case the Grantee will be deemed to have waived its opportunity to install its facilities during the open tJench period. (5) Sharing the joint utilities trench shall be subject to compliance with Public Utilities Commission and utility standards. If such compliance is not possible, or if three (3) or more cable operators desire to provide service to the development, the developer shall provide a separate trench for the cable television cables, with the entire cost shared among the participating operators. With the concurrence of the developer, the affected utilities and the cable operators, alternative installation procedures, such as the use of deeper trenches, may be utilized, subject to applicable law. (6) Any cable operator wishing to serve an area where the trenches have been closed shall be responsible for its own trenching and associated costs. (7) 'Phe City reserves the right to limit the number of drop cables and/or pedestals per residence, or to require that the drop cable(s) and/or pedestal(s) be utilized only by the cable operator selected by the resident to provide service. (8) The City reserves the right to grant an encroach- ment permit to a cable franchise applicant to install conduit and/or cable in anticipation of the granting of a franchise. Such installations shall be at the applicant's risk, with no recourse against the City in the event the pending franchise application is not granted. The City may require an applicant to provide a separate trench for its conduit and/or cable, at the applicant's cost. The construction of such a separate trench, if provided, shall be coordinated with, and subject to, the developer's overall construction schedule. - 37 - Section 1.20 Technical Standards. A. The Grantee shall construct, install, operate and maintain its system in a manner consistent with all applicable laws, ordinances, construction standards, governmental require- ments, FCC technical standards, and any detailed standards set forth in its Franchise Agreement. In addition, the Grantee shall provide to the Grantor, upon request, a written report of the results of the Grantee's annual proof of performance tests conducted pursuant to FCC standards and guidelines. B. Failure to maintain specified technical standards shall constitute a material breach of the franchise. - 38 - Section 1.21 Hold Harmless. Grantee shall indemnify, defend and hold Grantor, its officers, agents and employees harmless from any liability, claims, damages, costs or expenses, including reasonable attorneys' fees, arising from injury to persons or damages to property to the extent caused by any conduct undertaken by the Grantee, its officers, agents or employees, by reason of the franchise; Grantee shall at its sole cost and expense, upon demand of Grantor, appear in and defend any and all suits, actions or other legal proceedings, whether judicial, quasi-judicial, administrative, legislative or otherwise, brought or instituted or had by third persons or duly constituted authorities, against or affecting Grantor, its officers, agents or employees, and arising out of or pertaining to any conduct of the Grantee, its agents or employees which is within the scope of this indemnity. - 39 - Section 1.22 Insurance. A. On or before commencement of franchise operations, the Grantee shall obtain policies of liability, Workers' Compen- sation and property insurance from companies authorized to transact business in California by the Insurance Commissioner of California. B. The policy of liability insurance shall: (1) Be issued to Grantee and name Grantor, its officers, agents and employees as additional insureds; (2) Indemnify for all liability for personal and bodily injury, death and damage to property arising from activities conducted and premises used pursuant to this Chapter by providing coverage therefor, including but not limited to coverage for: o Negligent acts or omissions of Grantee and its agents, servants and employees, committed in the conduct of franchise operations, and/or ° Use of motor vehicles; (3) Provide a combined single limit for comprehen- sive general liability and comprehensive automobile liability insurance in the amount provided for in the Franchise Agreement. Such insurance policy shall be subject to the review and approval of Grantor's legal counsel; and (4) Be noncancellable without thirty (30) days prior written notice thereof directed to Grantor. C. The policy of Worker's Compensation Insurance shall: - 40 - (1) Have been previously approved as to substance and form by the California Insurance Commissioner; (2) Cover all employees of Grantee who in the course and scope of their employment are to conduct the franchise operations; , (3) Provide for every benefit and payment presently or hereinafter conferred by Division 4 of the Labor Code of the State upon an injured employee, including vocational rehabilita- tion and death benefits. D. The policy of property insurance shall provide fire insurance with extended coverage on the franchise property used by Grantee in the conduct of franchise operations in an amount adequate to enable Grantee to resume franchise operations following the occurrence of any risk covered by this insurance. E. Grantee shall file with Grantor prior to commencement of franchise operations either certified copies of these insurance policies or a certificate of insurance for each of the required policies executed by the company issuing the policy or by a broker authorized to issue such a certificate, certifying that the policy is in force and providing the following information with respect to said policy: (1) The policy number; (2) The date upon which the policy will become effective and the date upon which it will expire; (3) The names of the named insureds and any additional insured required by this Chapter or the Franchise Agreement; (4) The subject of the insurance; - 41 - and insurance. Fe (5) The type of coverage provided by the insurance; (6) Amount or limit of coverage provided by the Conduct of franchise operations shall not 6ommence until Grantee has complied with the aforementioned provisions of this Section. G. In the event Grantee fails to maintain any of the above-described policies in full force and effect, Grantor shall, upon forty-eight (48) hours notice to Grantee, have the right to procure the required insurance and recover the cost thereof from Grantee. Grantor shall also have the right to suspend the franchise during any period that Grantee fails to maintain said policies in full force and effect. If. No more than once during any three (3) year period, Grantor shall have the right to order Grantee to increase the amounts of the insurance coverage provided herein. Such order may be made by Grantor after complying with the hearing procedure provided for in Section 1.32 herein. Increases in insurance coverage shall be based upon current prudent business practices of like enterprises involving the same or similar risks. - 42 - Section 1.23 Records Required and Grantor's Right to Inspect. A. Grantee shall at all times maintain: (1) A record of all complaints received and inter- ruptions or degradation of service experienced for t~e preceding two (2) years, provided that such complaints result in or require a service call. (2) A full and complete set of plans, records and "as-built" maps showing the location of the cable television system installed or in use in the City, exclusive of subscriber service drops and equipment provided in subscribers' homes. (3) A record of service calls, identifying the number, general nature and disposition of such calls, on a monthly basis. A summary of such service calls shall be sub- mitted to the Grantor within thirty (30) days following the end of each month in a form reasonably acceptable to the Grantor. B. The Grantor may impose reasonable requests for additional information, records and documents from time to time, provided they reasonably relate to the scope of the City's rights under this Chapter or the Grantee's Franchise Agreement. C. Upon reasonable notice, and during normal business hours, Grantee shall permit examination by any duly authorized representative of the Grantor, of all franchise property and facilities, together with any appurtenant property and facilities of Grantee situated within or without the City, and all records relating to the franchise, provided they reasonably relate to the scope of Grantor's rights under this Chapter or the Grantee's Franchise Agreement. - 43 - Section 1.24 Annual Reports. Within ninety (90) days after the end of the calendar year, Grantee shall submit a written annual report to Grantor with respect to the preceding calendar year in a form approved by Grantor, including, but not limited to, the following information: A. A summary of the previous year's (or in the case of the initial reporting year, the initial year's) activities in development of the cable system, including but not limited to, services begun or discontinued during the reporting year; B. A current statement of costs of construction by component categories; C. A list of Grantee's officers, members of its board of directors, and other principals of Grantee; D. A list of stockholders or other equity investors holding five percent (5%) or more of the voting interest in Grantee and its parent, subsidiary and affiliated corporations and other entities, if any; E. An indication on a map of those areas where service is planned and a schedule describing the planned implementation; F. Information as to the number of homes passed, subscribers, additional television outlets, and penetration of basic and pay service in the service area. G. Any other information which the Grantor shall reasonably request. - 44 - Section 1.25 Copies of Federal and State Reports. Grantee shall submit to Grantor copies of all pleadings, applications and reports submitted by Grantee to, as well as copies of all decisions, correspondence and actions by any Federal, State or local court, regulatory agency, or'other governmental body which are non-routine in nature and which will materially affect its cable television operations within the franchise area. Grantee shall submit such documents to Grantor simultaneously with their submission to such court, agency and/or body; or within five (5) days after their receipt from such court, agency and/or body. Information otherwise confidential by law and so designated by Grantee, which is submitted to Grantor, shall be retained in confidence by Grantor and its authorized agents and shall not be made available for public inspection. - 45 - Section 1.26 Public Reports. If Grantee is publicly held, a copy of each Grantee's annual and other periodic reports and those of its parent, shall be submitted to Grantor within forty-five (45) days of its issuance. - 46 - Section 1.27 Complaint Report and Opinion Survey. A. The Grantee shall furnish to the Grantor the results of any opinion survey conducted by the Grantee which identifies satisfaction or dissatisfaction among subscribers within the City with the Grantee's cable service. The results 6f such survey shall be furnished to the Grantor within thirty (30) days following completion of the survey. B. Upon request of the Grantor, but not more than once annually, the Grantee shall conduct a subscriber satisfaction survey pertaining to quality of service, which may be transmitted to subscribers in subscriber statements for cable services. The form and content of such survey shall be reason- ably acceptable to the Grantor. The cost of such survey shall be borne by the Grantee. - 47 - Section 1.28 Privacy Report. Upon Grantor's request, but no more than annually, Grantee shall submit to Grantor an annual report indicating the degree of compliance with the privacy provisions contained in Section 1.42 herein and all steps taken to assure that the privacy rights of individuals have been protected. -48- Section 1.29 Reports - General. A. All reports required under this Chapter, except those confidential by law, shall be available for public inspection in the Grantor's offices during normal business hours. B. All reports and records required under thi~ Chapter shall be furnished at the sole expense of Grantee, except as otherwise provided in this Chapter or the Franchise Agreement. C. The willful refusal, failure, or neglect of Grantee to file any of the reports required as and when due under this Chapter, may be deemed a material breach of the Franchise Agreement if such reports are not provided to Grantor within thirty (30) days after written request therefor, and may subject the Grantee to all remedies, legal or equitable, which are available to Grantor under the franchise or otherwise. D. Any materially false or misleading statement or repre- sentation made knowingly and willfully by the Grantee in any report required under this Chapter or under the Franchise Agreement may be deemed a material breach of the franchise and may subject Grantee to all remedies, legal or equitable, which are available to Grantor under the franchise or otherwise. - 49 - Section 1.30 Annual Review of System Performance.' Each year throughout the term of the franchise, if requested by the Grantor, Grantor and Grantee shall meet publicly to review system performance and quality of service. The various reports required pursuant to this Chapter, results of technical performance tests, the record of subscriber complaints and Grantee's response to complaints, and the informa- tion acquired in any subscriber surveys, shall be utilized as the basis for review. In addition, any subscriber may submit comments or complaints during the review meetings, either orally or in writing, and these shall be considered. Within thirty (30) days after conclusion of a system performance review meeting, Grantor may issue findings with respect to the adequacy of system performance and quality of service. If the Grantee is determined not to comply with the requirements of this Chapter or the Grantee's franchise, Grantor may direct Grantee to correct the areas of noncompliance within a reasonable period of time. 'Failure of Grantee, after due notice, to correct the areas of noncompliance within the period specified therefor or to commence compliance within such period and diligently achieve compliance thereafter shall be considered a material breach of the franchise, and Grantor may exercise any remedy within the scope of this Chapter and the Franchise Agreement considered appropriate. - 50 - Section 1.31 Special Review of System Performance. When there have been complaints made or where there exists other evidence which, in the judgment of the Grantor, casts reasonable doubt on the reliability or quality of cable service to the effect that the Grantee is not in compliance with the requirements of this Chapter or its franchise, the Grantor shall have the right to compel the Grantee to test, analyze and report on the performance of the system in order to protect the public against substandard cable service. Such test or tests shall be made and the report thereof shall be delivered to the Grantor no later than thirty (30) days after the Grantor notifies the Grantee that it is exercising such right, and shall be made at Grantee's sole cost. Such report shall include the following information: The nature of the complaints which precipitated the special tests; what system component was tested; the equipment used and procedures employed in said testing; the results of such tests; and the method by which such complaints were resolved. Any other information pertinent to the special test shall be recorded. - 51 - Section 1.32 Special Evaluation Sessions. The Grantor may hold special evaluation sessions at any time during the term of a franchise, provided such sessions are held no more often than once every three (3) years. The Grantee shall be notified of the place, time and date thereof and the topics to be discussed. Such sessions shall be open to the public and advertised in a newspaper of general circulation at least thirty (30) days before each session. The sessions may include an evaluation of any items considered relevant to the cable system, the subscribers and the City. Either the Grantor or the Grantee may propose items for discussion or evaluation. Section 1.33 Remedies for Franchise Violations. If Grantee fails to perform in a timely manner any obliga- tion required by this Chapter or a franchise granted hereunder following notice from the Grantor and an opportunity to cure such non- performance in accordance with the provisions of Section 1.35 of this Chapter, Grantor may at its option and in its sole discretion: A. Cure the violation and recover the actual cost thereof from the security fund established herein if such violation is not cured within five (5) days after written notice to the Grantee of Grantor's intention to cure and draw upon the security fund; B. Assess against Grantee liquidated damages in an amount set forth in the Franchise Agreement for any such violation(s) if such violation is not cured within five (5) days after written notice to the Grantee of Grantor's intention to assess liquidated damages. By acceptance of a franchise hereunder, Grantee hereby agrees to pay any assessment to be levied against the security fund hereinabove provided and collected by Grantor immediately upon such assessment. Such assessment shall not constitute a waiver by Grantor of any other right or remedy it may have under the franchise or under applicable law, including without limita- tion, its right to recover from Grantee such additional damages, losses, costs and expenses, including actual attorneys' fees, as may have been suffered or incurred by Grantor by reason of or arising out of such breach of the franchise; C. For violations which have materially degraded the quality of service, order and direct Grantee to issue rebates or credits to subscribers, in an amount to be determined by Grantor to be reasonably related to the nature of the degradation in service and measured by the period of the degradation, to provide monetary relief substantially equal to the reduced quality of service resulting from Grantee's failure to perform. - 54 - Section 1.34 Grantor's Power to Revoke. Grantor reserves the right to revoke any franchise granted pursuant to this Chapter and rescind all rights and privileges associated with it in the following circumstances, each of which shall represent a default by Grantee and material breach under the franchise grant: A. If Grantee shall default in the performance of its material obligations under this Chapter or under such agreements, contracts or other terms and provisions entered into by and between Grantor and the Grantee; B. If Grantee shall fail to provide or maintain in full force and effect the insurance coverage or security fund as required herein; C. If Grantee shall violate any order or ruling of any regulatory body having jurisdiction over the Grantee relative to the Grantee's franchise, unless such order or ruling is being contested by Grantee by appropriate proceedings conducted in good faith; D. If Grantee attempts to evade any provision of this Chapter or practices any fraud or deceit upon Grantor; E. If Grantee persistently fails to remedy defaults for which lesser penalties have pre¥iously been imposed; F. If Grantee becomes insolvent, unable or unwilling to pay its debts, or is adjudged a bankrupt; ~he termination and forfeiture of the Grantee's franchise shall in no way affect any right of Grantor to pursue any remedy under the franchise or any provision of law. - 55 - Section 1.35 Procedure for Remedying Franchise Violations. Prior to imposing any remedy or other sanction against Grantee specified in this Chapter, Grantor shall give Grantee notice and opportunity to be heard on the matter, in accordance with the following procedures: A. Grantor shall first notify Grantee of the violation in writing by personal delivery or registered or certified mail, and demand correction within a reasonable time, which shall not be less than five (5) days in the case of the failure of the Grantee to pay any sum or other amount due the Grantor under this Chapter or the Grantee's franchise and thirty (30) days in all other cases. If Grantee fails to correct the violation within the time prescribed or if Grantee fails to commence correction of the violation within the time prescribed and dili- gently remedy such violation thereafter, the Grantor shall then give written notice of not less than twenty (20) days of a public hearing to be held before the Council. Said notice shall specify the violations alleged to have occurred. B. At the public hearing, the Council shall hear and consider all relevant evidence, and thereafter render findings and its decision. C. In the event the Council finds that Grantee has corrected the violation or has diligently commenced correction of such violation after notice thereof from Grantor and is diligently proceeding to fully remedy such violation, or that no violation has occurred, the proceedings shall terminate and no penalty or other sanction shall be imposed. - 56 - D. In the event the Council finds that the alleged violations exist and that Grantee has not corrected the same in a satisfactory manner or has not diligently commenced correction of such uiolation after notice thereof from Grantor and is not diligently proceeding to fully remedy such violation, the Council may impose one or more of the remedies specified herein as it, in its discretion, deems appropriate under the circumstances. - 57 - Section 1.36 Force Majeure; Grantee's Inability to Perform. In the event Grantee's performance of any of the terms, conditions or obligations required by this Chapter or a franchise granted hereunder is prevented by a cause or event not within Grantee's control, such inability to perform shall be deemed excused and no penalties or sanctions shall be imposed as a result thereof; provided, however, that such inability to perform shall not relieve a Grantee from the obligations imposed by' Section 1.33.C, pertaining to refunds and credits for inter- ruptions in service. For the purpose of this Section, causes or events not within the control of Grantee shall include without limitation acts of God, strikes, sabotage, riots or civil dis- turbances, restraints imposed by order of a governmental agency or court, explosions, acts of public enemies, and natural dis- asters such as floods, earthquakes, landslides, and fires, but shall not include 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 Grantee, or the failure of the Grantee to secure supplies, services or equipment necessary for the installation, operation, maintenance or repair of the cable communications system where the Grantee has failed to exercise reasonable diligence to secure such supplies, services or equipment. - 58 - Section 1.37 Abandonment or Removal of Franchise Property. A. In the event that the use of any franchise property or a portion thereof is discontinued for a continuous period of twelve (12) months, Grantee shall be deemed to have abandoned that franchise property. B. Grantor, upon such terms as Grantor may impose, may give Grantee permission to abandon, without removing, any system facility or equipment laid, directly constructed, operated or maintained under the franchise. Unless such permission is granted or unless otherwise provided in this Chapter, the Grantee shall remove all abandoned facilities and equipment upon receipt of written notice from Grantor and shall restore the street to its former state at the time such facilities and equipment were installed, as near as may be, so as not to impair its usefulness. In removing its plant, structures and equipment, Grantee shall refill, at its own expense, any excavation that shall be made by it and shall leave all public ways and places in as good condition as that prevailing prior to such removal without materially inter- fering with any electrical or telephone cable or other utility wires, poles, or attachments. Grantor shall have the right to inspect and approve the condition of the public ways, public places, cables, wires, attachments and poles prior to and after removal. The liability, indemnity and insurance provisions of this Chapter and the security fund as provided herein shall continue in full force and effect during the period of removal and until full compliance by Grantee with the terms and conditions of this Section. - 59 - C. Upon abandonment of any franchise property in place, the Grantee, if required by the Grantor, shall submit to the Grantor an instrument, satisfactory in form to the Grantor, transferring to the Grantor the ownership of the franchise property abandoned. Do At the expiration of the term for which the franchise is granted, or upon its revocation or earlier expiration, as provided for herein, in any such case without renewal, extension or transfer, the Grantor shall have the right to require Grantee to remove, at its own expense, all above-ground portions of the cable television system from all s~treets and public ways within the City within a reasonable period of time, which shall not be less than one hundred eighty (180) days. E. Notwithstanding anything to the contrary set forth in this Chapter, the Grantee may abandon any underground franchise property in place so long as it does not materially interfere with the use of the. street or public rights-of-way in which such property is located or with the use thereof by any public utility or other cable Grantee. - 60 - Section 1.38 Restoration by Grantor: Reimbursement of Costs. In the event of a failure by Grantee to complete any work required herein or by any other law or ordinance, and if such work is not completed within thirty (30) days after receipt of written notice thereof from Grantor or, if more than thirty (30) days are reasonably required therefor, if Grantee does not commence such work within such thirty (30) day period and diligently complete the work thereafter (except in cases of emergency constituting a threat to public health, safety or welfare), Grantor may cause such work to be done and Grantee shall reimburse Grantor the costs thereof within thirty (30) days after receipt of an itemized list of such costs, or Grantor may recover such costs through the security fund provided by Grantee. - 61 - Section 1.39 Extended Operation and Continuity of Services. Upon either expiration or revocation of the franchise, the Grantor shall have discretion to permit Grantee to continue to operate the cable television system for an extended period of time not to exceed twelve (12) months from the date of such expiration or revocatJ~on, unless extended by resolution of Grantor. Grantee shall, as trustee for its successor-in-interest, continue to operate the system under the terms and conditions of this Chapter and the franchise and to provide the regular subscriber service and any and all of the services that may be provided at that time. It shall be the right of all subscribers to continue to receive all available services provided their financial and other obligations to Grantee are honored. The Grantee shall use reasonable efforts to provide continuous, uninterrupted service to its subscribers, including operation of the system during transitional periods following franchise expiration or termination. - 62 - Section 1.40 Receivership and Foreclosure. A. A franchise granted hereunder shall, at the option of Grantor, cease and terminate one hundred twenty (120) days after appointment of a receiver or receivers, or trustee or trustees, to take over and conduct the business of Grantee, whether in a receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty (120) days, or unless: (1) such receivers or trustees shall have, within one hundred twenty (120) days after their election or appointment, fully complied with all the terms and provisions of this Chapter and the franchise granted pursuant hereto, and the receivership or trustees within said one hundred twenty (120) days shall have remedied all the faults under the franchise or provided a plan for the remedy of such faults which is satis- factory to the Grantor; and (2) such receivers or trustees shall, within said one hundred twenty (120) days, execute an agreement duly approved by the court having jurisdiction in the premises, whereby such receivers or trustees assume and agree to be bound by each and every term, provision and limitation of the franchise herein granted. B. In the case of a foreclosure or other judicial sale of the franchise property, or any material part thereof, Grantor may serve notice of termination upon Grantee and the successful bidder at such sale, in which event the franchise herein granted and all rights and privileges of the Grantee hereunder shall cease and terminate thirty (30) days after service of such notice, - 63 - unless: (1) Grantor shall have approved the transfer of the franchise, as and in the manner that this Chapter provides; and (2) such successful bidder shall have covenanted and agreed with Grantor to assume and be bound by all terms and conditions of the franchise. - 64 - Section 1.41 Rights Reserved to Grantor. A. In addition to any rights specifically reserved to the Grantor by this Chapter, the Grantor reserves to itself every right and power which is required to be reserved by a provision of any ordinance or under the franchise, and the Grantee by accepting a franchise hereunder agrees to be bound thereby and to comply with any action or requirement of the Grantor in its exercise of any such right or power. B. The Grantor shall have the right to waive any provision of the franchise, except those required by Federal or State regulation, if the Grantor determines (1) that it is in the public interest to do so, and (2) that the enforcement of such provision will impose an undue hardship on the Grantee or the subscribers. To be effective, such waiver shall be evidenced by a statement in writing signed by a duly authorized representa- tive of the Grantor. Waiver of any provision in one instance shall not be deemed a waiver of such provision subsequent to such instance nor be deemed a waiver of any other provision of the franchise unless the statement so recites. - 65 - Section 1.42 Rights of Individuals. A. Grantee shall not deny service, deny access, or other- wise discriminate against subscribers, channel users, or general citizens on the basis of race, color, religion, national origin, age or sex. Grantee shall comply at all times with all other applicable Federal, State and local laws and regulations, and all executive and administrative orders, relating to nondiscrmina- tion, including without limitation Section 51 of the California Civil Code which is incorporated in this Section by reference. B. Grantee shall adhere to the applicable equal employment opportunity requirements of the FCC, State and local regulations, as now written or as amended from time to time. C. Neither Grantee, nor any person, agency, or entity shall, without the subscriber's consent, tap, or arrange for the tapping, of any cable, line, signal input device, or subscriber outlet or receiver for any purpose except routine maintenance of the system, detection of unauthorized service, polling with audience participating, or audience viewing surveys to support advertising research regarding viewers where individual viewing behavior cannot be identified. D. In the conduct of providing its services or in pursuit of any collateral co~,ercial enterprise resulting therefrom, Grantee shall take reasonable steps to prevent the invasion of a subscriber's or general citizen's right of privacy or other personal rights through the use of the system as such rights are delineated or defined by applicable law. Grantee shall not - 66 - without lawful court order or other applicable valid legal authority utilize the system's interactive two-way equipment or capability for unauthorized personal surveillance of any sub- scriber or general citizen. E. No cable line, wire, amplifier, converter, or other piece of equipment owned by Grantee shall be installed by Grantee in the subscriber's premises without first securing any required consent. If a subscriber requests service, permission to install upon subscriber's property shall be presumed. F. The Grantee shall credit or refund to the subscriber upon request, for interruptions in service, as provided in the Grantee's Franchise Agreement. G. The Grantee, or any of its agents or employees, shall not sell, or otherwise make available to any party: (1) Any list of the names and addresses of subscribers containing the names and addresses of subscribers who request in writing to be removed from such list; and (2) Any list which identifies the viewing habits of individual subscribers, without the prior written consent of such subscribers. This does not prohibit the Grantee from providing composite ratings of subscriber viewing to any party. - 67 - Section 1.43 Separability. If any provision of this Ordinance is held by any court or by any Federal or State agency of competent jurisdiction, to be invalid as conflicting with any Federal or State %aw, rule or regulation now or hereafter in effect, or is held by such court or agency to be modified in any way in order to conform to the requirements of any such law, rule or regulation, such provision shall be considered a separate, distinct, and independent part of this Chapter , and such holding shall not affect the validity and enforceability of all other provisions hereof. In the event that such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed, so that the provision hereof which had been held invalid or modified is no longer in conflict wit]] such law, rule or regulation, said provision shall thereupon return to full force and effect and shall thereafter be binding on Grantor and Grantee, provided that Grantor shall give Grantee thirty (30) days written notice of such change before requiring compliance with said provision or such longer period of time as may be reasonably required for Grantee to comply with such provision. - 68 - PASSED, APPROVED, and ADOPTED this 1990. day of Mayo r ATTEST: City Clerk VENTURA COUNTY OFFICE :~310 PONDEROSA DRIVE SUITE I CAMARILL0, CALIFORNIA 93010 (805) ~ ~.7-34~8 LAW 0 F FIC I:"$ BUR~rE, WILLIAHS ~ SORENSEN COSTA ~ESA, July 5, 1990 LOS ANGELES OFFICE ON;' WILSHIRE BUILDING e;'4 SOUTH GRAND AVENUE, IITM FLOOR LOS ANGELES, CALIFORNIA 90017 (:='13} 236-0600 TELECOPIER: (213} ~36-2700 Honorable Mayor Parks and Members of the City Council CITY OF TEMECULA 43172 Business Park Drive Temecula, California 92390 Re: Division of Decisionmaking Authority For Land Use Applications Honorable Mayor Parks and Councilmembers: In response to Council inquiry, the following is a discussion on the division of authority for approving land use applications among the City Council, the Planning Commision, and the Planning Director. I. Introduction Under the State Planning law, each city must adopt a comprehensive, long-term general plan for the physical development of the city. The plan must consist of a statement of development policies and must include a diagram or diagrams and a text setting forth objectives, principals, standards, and plan proposals. The general plan is, in short, a constitution for all future development within the City. Subordinate to the general plan is the zoning ordinance, which regulates the geographic allocation and uses of land and provides standards for development, and the subdivision ordinance, which regulates the the design and improvement of subdivisions. Both the zoning and subdivision ordinances must conform to the adopted general plan. Pursuant to State law, ordinances and resolutions which propose to establish or modify the general plan or the zoning ordinance, must be adopted pursuant to a public hearing in which the Planning Commission is the advisory agency which make recommendations to the City Council for Honorable Mayor Parks and City Councilmembers July 5, 1990 Page 2 approval or disapproval. The subdivision ordinance must also be adopted by the Council under State law. On the other hand, state law allows each city the discretion to decided what body -- be it the Council, Planning Commission, or Planning Director -- may approve individual development application. In this regard, it should be noted that under the City's present subdivision and zoning ordinances, virtually every development requires some type of permit. There are two broad categories of development permits necessary: subdivision, and land use approvals. II. Subdivision Approval The Subdivision Map Act grants authority to the City to regulate and control the design and improvement of land subdivisions within its boundaries. A. Tentative and Parcel Map Applications. Subject to certain exceptions, tentative maps are required for all subdivisions creating five (5) or more parcels, or five (5) or more condominiums. A tentative map is made for the purpose of showing the design and improvement of the proposed subdivision and the existing conditions in and around it. The tentative map approval typically includes conditions requiring the subdivider to construct public purpose improvements such as streets and sewers, and to donate land or money for public uses, such as parks and schools. A parcel map is required for subdivisions for which tentative maps are not otherwise required. Thus, a parcel map is required for subdivisions consisting of four (4) or fewer parcels, and condominium projects consisting of four (4) or fewer units. Like the tentative map, the parcel map is also approved subject to design and improvement conditions. Under the present County subdivision ordinance, which the City has adopted by reference, the Planning Commission has authority to approve, conditionally approve, or disapprove a proposed tentative map following a public hearing. The Planning Director has authority to approve, conditionally approve, or disapprove residential parcel maps Honorable Mayor Parks and City Councilmembers July 5, 1990 Page 3 without the necessity of a public hearing unless such a hearing is requested by the applicant or other affected person or the Planning Director determines that a public hearing is required in the best interest of the community health, safety and welfare. In the event that any interested person is dissatisfied with the decision of either the Planning Commission or the Planning Director with respect to tentative maps or parcel maps, the party must file an appeal with the City Council within ten (10) days after the action by the Planning Commission or Planning Director appears on the Council agenda. The City Council must set the matter for hearing within thirty (30) days after the date of filing the appeal. (However, we must note that to be entirely consistent wit the State Map Act, the appeal period should run from when the matter is decided by the Planning Commission or Director, and not when it appears on the Council agenda. Consequently, as is discussed further below, we recommend that the Commission either be an advisory body, with all applications going to the Council for final action, or the final decisionmaking body with the Council only considering appeals.) B. Final Subdivision Maps. After the approval or conditional approval of the tentative map and prior to the expiration of such map, if the tentative map conditions have been met or bonded for, the applicant may cause the property to be surveyed, and a final map prepared for approval. The City Council has the authority to approve or disapprove final map applications. C. Reversion To Acreage. Reversion to acreage is a procedure whereby previously subdivided property may be reverted to unsubdivided acreage. Reversion to acreage proceedings may be initiated by the City Council on its own motion, or by petition of owners of record of real property that is proposed to be reverted to acreage. Honorable Mayor Parks and City Councilmembers July 5, 1990 Page 4 The Planning Commission is the advisory agency to report and recommend to the City Council for approval, conditional approval, or disapproval of the proposed reversion to acreage. Thereafter, the City Council sets the matter for public hearing wherein the City Council makes the final decision of approval, conditional approval, or disapproval. D. Lot Line Adjustments. The lot line adjustment is a minor alteration to adjust a lot line or lot lines. It is not a subdivision or resubdivision procedure and is intended to be used only in those situations where the provisions of the Subdivision Map Act or any applicable local ordinance do not apply. The Planning Director has authority to approve, conditionally approve, or disapprove a lot line adjustment application. E. Certificate of Compliance. A Certificate of Compliance is issued when the real property is in compliance with the Subdivision Map Act and any applicable ordinance. The Planning Director has the authority to approve, conditionally approve or disapprove an application for a Certificate of Compliance. The decision of the Planning Director regarding a Certificate of Compliance may be appealed to the Planning Commission within ten (10) days after the date of the decision by the Planning Director. The Planning Commission renders its decision pursuant to hearing not less than ten (10) days nor more than sixty (60) days thereafter and the decision by the Planning Commission is considered final. III. Land Use Approvals Under the City's zoning ordinance, a developer must obtain one or more discretionary permits before he may construct a project. These permits enable the City to regulate the design of the project and insure that any negative impacts, such as traffic, parking and aesthetics, will be mitigated. Honorable Mayor Parks and City Councilmembers July 5, 1990 Page 5 1. Plot Plans. Most every commercial or industrial project requires approval of a plot plan before it may be constructed. Plot plans which involve projects exempt from CEQA may be approved by the Planning Director without a public hearing. However, typically, the projects will require a negative declaration or an EIR; these may be approved by the Planning Director after public hearing. Finally, commercial projects in excess of 30 acres require Planning Commission approval. 2. Conditional Use Permits. Under the zoning ordinance, there is established a list of uses in each zone. Most industrial or commercial uses require a plot plan; those that do not require a conditional use permit. The Planning Commission has the authority to approve, conditionally approve or disapprove an application for a conditional use permit pursuant to a public hearing. Any person may appeal the conditional use permit to the City Council within ten days after the notice of decision appears on the Council agenda. 3. Variances. A variance is a permit issued to a land owner to construct a structure not otherwise permitted under the zoning regulations. The justification for a variance is that the owner would otherwise suffer unique hardship under the general zoning regulations because his particular parcel is different than the others to which the regulation applies due to size, shape, topography, or location. The Planning Commission has final authority to approve, conditionally approve, or disapprove an application for a variance. Any interested person may appeal the variance to the City Council within ten (10) days after the notice of decision appears on the Council's agenda. 4. Second Unit Permits. A second unit is defined as an attached or detached dwelling unit that provides a complete, independent living Honorable Mayor Parks and City Councilmembers July 5, 1990 Page 6 facility for one or more persons and that includes permanent provisions for living, sleeping, cooking, and sanitation on the parcel or parcels in which the primary unit is situated. The Planning Director has authority to approve or disapprove a second unit application unless a public hearing is requested before a decision is made. In the event that a public hearing is requested, the Planning Director has the authority to approve or disapprove an application for a second unit and the decision of the Planning Director is considered final unless an interested party appeals within ten (10) days to the Planning Commission. Any decision by the Planning Commission may be appealed to the City Council. 5. Public Use Permits. A public use permit allows certain delineated uses within any zone classification. Such permitted uses pursuant to the issuance of a public use permit includes educational institutions, churches and other places of religious worship, public utilities or government uses to name a few. The Planning Commission has authority to approve or disapprove a public use permit subject to an appeal to the City Council. 6. Large Family Day care Home Permits Pursuant to California Health and Safety Code Section 1597.46, cities and counties may not prohibit large family day care homes on lots zoned for single-family dwelling, but may require an applicant for large family day care homes to apply for a permit. A large family day care home means a home which provides family day care to seven to twelve children, inclusive, including children who reside at the home. The Planning Director has authority to approve, conditionally approve or disapprove an application for permit on family day care homes. An applicant or any interested person may file an appeal from the decision of the Planning Director to the Planning Commission pursuant to a public hearing. Honorable Mayor Parks and City Councilmembers July 5, 1990 Page 7 Thereafter, an interested party may file an appeal to the decision by the Planning Commission with the City Council. IV. Recommendations The above procedures were designed by the County in light of the very large number of development applications that it had to process. Consequently, a significant number of decisions were delegated to the County Planning Director and Planning Commission. By contract, City Councils in small cities typically will either grant final approval authority to the Planning Commission or retain it with the Council. Accordingly, as we see it, there are four (4) options available to the City Council regarding the development approval process: 1. That the Planning Commission be authorized to hear and approve, conditionally approve, or disapprove all subdivision and development applications, with right of appeal to the City Council; 2. That the Planning Commission act as an advisory agency only and be authorized only to make recommendations to the City Council as to approval, conditional approval, or disapproval; 3. That there be a mix whereby the Planning Commission is authorized to hear and approve subdivision and development projects which are limited in scope or size. For example, residential projects under 50 acres and commercial projects under 50,000 square feet could be approved by the Commission. This would enable the City Council to control those projects which are of a greater scale yet grant to the Planning Commission authority to approve smaller projects. 4. That the Planning Commission have the authority to approve, conditionally approve, or disapprove maps with an appeal process to the City Council set forth in option number 1, but with the addition that any Councilmember may appeal the decision by the Planning Commission without payment Honorable Mayor Parks and City Councilmembers July 5, 1990 Page 8 of any fee for the appeal. Council members would receive copies of the Commission's approvals within a few days of the decision, so there would be ample time to exercise the appeal. We would ask direction from the City Council as to which option it would feel most comfortable with and direct the City Attorney to prepare the appropriate legal documentation to reflect the Council's directive. jec/LTR14366:vlk Sincerely, Scott F. Field City Attorney for CITY OF TEMECULA TBII~'I~.,~ ~'~I)~I'Z'L~ 8BRTZOBB DZ~RZOT ~TUMB 3.0~ 3.~90 - I:00 Z~ LindeBans, Moore, Mufioz, Perks, Birdsall RECOIe(ENDATION: 1.1 Approve the minutes of June 19, 1990 as mailed. 1.2 Approve the minutes of June 26, 1990 as mailed. A~pe~ls ProReJs ~or T~n Rates An~ ChArqo~. RELATION: 2.2 Receive and File report. ~.rA~SRBPORT DXRBt'L~PJmORTS Next Beeting: July 24, 1990, 7:00 PM, TeBec~le Co~jmunity 28816 Pujol Street, TeBecula, California Center, MXNUTES OF KM~DJOURNED REGUIJ, R MEETXNG OF TEN~CUXJ, COIO~UNXT¥ SERVXCES DXSTRXCT HELD 0~ME 19v 1990 A regular meeting of the Temecula Community Services District was called to order at 8:45 PM, Vice President Mufioz presiding. PRESENT: 5 DIRECTORS: Lindemans, Moore, Mufioz, Parks ABSENT: i DIRECTORS: Birdsall Also present were City Manager Frank Aleshire, City Attorney Scott F. Field and June S. Greek, Deputy City Clerk. CSD BUSINESS 1. TCSD Budget (Revised) City Manager Aleshire reported that the purpose of this meeting is to approve the budget (Item 1), and to approve the engineer's report, assessing and levy of charges for the operation of the Community Services District. He recommended continuing this meeting for one week to allow staff to make a full presentation at the next meeting on the implications of adopting the fee schedule. Mr. Aleshire discussed some of the problems as follows: This is a proposal to levy charges on the entire City of Temecula. Last year 4,000 parcels in the City paid a fee. Next year 10,000 parcels will pay a charge. The levying of fees has been changed to provide for each parcel in the City to pay for Parks and Recreation services and those properties having street lights and landscape maintenance programs will also pay for these services. City Manager Aleshire outlined the method of assessing fees included in the Engineer's Report prepared by Willdan. He stressed the importance of understanding how the charges are being levied, since protests are to be expected at the Public Hearing on July 10, 1990. Mr. Aleshire recommended spending some time working over formulas that would spread the assessments differently· He suggested raising the assessment on single family houses and lowering the assessment on vacant land, particularly agricultural land. He suggested appointing a committee made C~DMIN~19\90 - 1- 07106/90 CSD Minutes June 19. 1990 up of two members of Council to meet with the City Manager, Bill Holley and the Assessment Engineer to work out two or three different approaches to be brought back at the next meeting. The public hearing would need to be rescheduled for later in July. Director Lindemans stated he supported a work session to further examine this issue. Director Parks expressed concern with the method of assessing rates and charges for the various real estate categories. John Dedovesch, 39450 Long Ridge Drive, strongly opposed an increased tax on homeowners, stating that usage of park space was very limited. Director Lindemans asked if the City staff can determine how many parks are coming on line for the coming year, and when they will be completed. It was moved by Director Parks, seconded by Director Moore to appoint an ad hoc committee of Director Lindemans and Director Parks to work with staff re-evaluating the weighted factors and make recommendations on June 26, 1990, for a more equitable assessment spread. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Lindemans, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: i COUNCILMEMBERS: Birdsall Enqineer's Revised Report on Fees and Charges for District Se~ices Director Moore moved, Director Parks seconded a motion to continue Items I and 2 to the meeting of June 26, 1990. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Lindemans, Moore, Muhoz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: i COUNCILMEMBERS: Birdsall CSDMIN%6%19%90 -2- 07/06/90 June 19. 1990 CSD Minutes MANAGERS REPORT None given. CXTY ATTORNEYS REPORT None given. DIRECTORS REPORTS None given. ADJOURNMENT It was moved by Director Lindemans, seconded by Director Parks to adjourn at 9:15 PM. Patricia H. Birdsall, President ATTEST: June S. Greek, Deputy city Clerk CSDMIN~6\19~90 -$- 07/06/90 MINUTES OF ANADJOURNED REGULAR MEETING OF TEMECUL~ COMMUNITY SERVICES DISTRICT HELD ~ 26; xggo A regular meeting of the Temecula Community Services District was called to order at 8:45 PM, President Pat Birdsall presiding. PRESENT: 5 DIRECTORS: Lindemans,Mufioz, Parks Birdsall ABSENT: i DIRECTORS: Moore Also present were City Manager Frank Aleshire, City Attorney Scott F. Field and June S. Greek, Deputy City Clerk. CSD BUSINESS 1. Minutes It was moved by Director Parks, seconded by Director Lindemans to approve the minutes of June 12, 1990 as mailed. The motion was carried by the following vote: AYES: 5 DIRECTORS: Birdsall, Lindemans, Mufioz, Parks NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None 2. Agreement for Maintenance of Parkways, Tracts 23100 and 23101 City Manager Aleshire recommended approval of an agreement for maintenance of parkways between Marlborough Development Corporation and CSD. He stated this is a routine requirement for a tract development. Director Parks moved, Director Mufioz seconded a motion to approve the Agreement for Maintenance of Parkways between Marlborough Development Corporation and CSD. The motion was carried by the following vote: AYES: 4 DIRECTORS: Birdsall, Lindemans, Mufioz, Parks NOES: 0 DIRECTORS: None ABSENT: i DIRECTORS: Moore CSD Minutes June 26. 1990 I:)e4ioation Tr&ot 20879 City Manager Aleshire reported this is similar to the previous action whereby the conditions for tract approval require an easement be dedicated to the CSD. It was moved by Director Parks, seconded by Director Mufioz to authorize the CSD President to execute the Deed acceptance. TCaD Budget (Revised) City Manager Aleshire reconnended approval of the preliminary budget as amended which includes City staffing. He stated the CSD will contract with CSA-143 initially to meet staffing needs. Director Lindemans pointed out that citizens are funding an improved park and recreation system, not simply more money for the same program. City Manager Aleshire stated that for the first time, $500,000 is appropriated for capital outlay, which should make a substantial difference in the quality of Parks and Recreation within the City. Director Parks moved, Director Mufioz seconded a motion to receive and review the Temecula Community Services District Budget as revised in connection with Zone A. The motion was carried by the following vote: AYES: 4 DIRECTORS: Birdsall, Lindemans, Muhoz, Parks NOES: 0 DIRECTORS: None ABSENT: i DIRECTORS: Moore lngineer's Revised Report on Fees and Charges for District Services City Manager Aleshire reported on a report from the Assessment Engineer which showed 10,000 parcels in the City which will be assessed. He stated a single family residence will be assessed $33.40 a year. Acreage prices would range from $133 per acre to $200 per acre. Mr. Aleshire stated at the previous meeting, a committee composed of Director Parks, Director Lindemans and the City Manager, was appointed to review assessment spreads. This report reflects the recommendations of this committee. CSD Minutes June 26. 1990 John Dedovesch, 39450 Long Ridge Drive, asked the City to consider additional parks on the West side of town. He suggested setting a fee for those who use the sports park, and not assess those that do not, expressing his lack of access to the Sports Park. City Manager Aleshire reported that a system is being set up at City Hall to answer questions prior to the public hearing. In addition, he reported that an appeal procedure is also being developed. President Birdsall stressed that all citizens calling City Hall should have their parcel number available to assist in looking up the assessment fees. Director Mufioz stated this assessment is the best plan possible to be fair and equitable to all property owners. He emphasized the improved service levels that will be provided as well as additional parks. It was moved by Director Parks, seconded by Director Mufioz to receive and review the Engineer's revised report prepared by Willdan & Associates relating to fees and charges in the Temecula Community Service District for District services during Fiscal 1990-1991, and set this matter for Public Hearing on July 24, 1990 at 7:00 PM, at the Temecula Community Center. 6. TCSD Contract &~ministration City Manager Aleshire recommended approving an agreement between the TCSD and the County of Riverside for administration of CSD functions and authorize the President of the CSD Board to sign the documents. Mr. Aleshire reported this agreement will provide for staffing of the City program at a cost of $16,000 per month and may be terminated anytime the City is ready to take over. He said the City is moving forward to hire a Director and staff for this department. Director Mufioz moved, Director Parks seconded a motion to approve staff recommendations. The motion was carried by the following vote: AYES: 4 DIRECTORS: Birdsall, Lindemans, Muhoz, Parks NOES: 0 DIRECTORS: None CSD Minutes ABSENT: i DIRECTORS: Moore June 26. 1990 NAN~GEP~ REPORT None given. CITY ATTORNEYS REPORT None given. DIRECTORS REPORTS Director Mufioz reported the decorative lights on Rancho California Road have not worked for quite some time and asked how the City can get them turned on. City Manager Aleshire stated these lights are operated and maintained by Bedford Properties and he will check on having them turned on. President Birdsall asked the status of the Sam Hicks Park Deed. City Manager Aleshire this is planned for the July 3, 1990 Agenda. ADJOURNMENT It was moved by Director Mufioz, seconded by Director Parks to adjourn at 9:10 PM. The motion was unanimously carried. Patricia H. Birdsall, President ATTEST: June S. Greek, Deputy City Clerk sff/AGD14422 TEMECUL~ COMMUNITY SERVICES DISTRICT PROM~ DATE = MEETING DATE SUBJECT ** BOARD OF DIRECTORS/GENERAL MANAGER SCOTT F. FIELD, DISTRICT COUNSEL JULY 5, 1990 JULY 10, 1990 APPEAL PROCEDURE FOR CSD RATES AND CHARGES P~COMMENDATION: That the Board of Directors receive and file this Report. DIBCUSSION: The Board of Directors will be considering adoption of rates and charges for the Community Services District at its public hearing on July 24, 1990. Along with approving the rates and charges July 24, the Board also will be asked to establish an appeals procedure to allow individuals to appeal their rates and charges. Attached please find a copy of the proposed appeal procedure. Procedurely, an appeal may be brought within 30 days after the tax is paid. If the appeal is successful, the refund will be paid by the City directly to the resident. There will be no credit of the property tax payment. Rather, the resident would first pay the tax and then seek a refund from the City. The only possible exception to this procedure would be if the appeal was filed before the tax rolls were confirmed on August 10, 1990. The appeal initially will be heard by the General Manager. He will be given the discretion to approve or deny the appeal based upon the grounds set forth in the appeal procedure. If the Manager cannot successfully resolve the appeal, then the property owner would have the right to appeal his decision to the Board of Directors. There will be two classes of appeals: Hardship. Classification and The grounds for an Appeal of Classification are set forth at Section l(e) of the Appeals Procedure. In essence, there are three grounds for classification appeals. The first is if the property was incorrectly classified. For example, if -1- sff/AGD14422 the Assessor classified the property as vacant commercial, but it was actually agricultural, then it only should pay the agricultural charge. The second type of Classification Appeal would be if the charges levied exceeded the charge that would have been levied if the property had been developed at its highest and best use. For example, there may be large lot subdivisions that are still undeveloped. If the lots are two-acre lots, they will be paying the equivalent charge for eight dwelling units. However, if developed, there only would be one dwelling unit on the lot. Consequently, this resident would be entitled to a reduction in charge. The third Classification Appeal would be for persons claiming the service and benefit received from the CSD is less than the charges paid. This could amount to a broad challenge to the fairness of the charge. If the Board were to consider reducing the number of grounds for appeal, we would recommend the elimination of this one, particularly because the landowner would still retain the right to judicially challenge the charge. The second classification of appeals is the Hardship Appeal. This would allow appeals for taxpayers who claim that the amount of the charge would deny them the ability to pay for the necessities of life. This classification is meant to address senior citizens and handicapped individuals who may be on fixed incomes and are unable to pay the charges. In such cases, the charge would only be deferred to the following year. -2- APPEALS PROCESS TEMECULA COMMUNITY SERVICES DISTRICT 1. Appeal of Classification Where a property owner (including an individual, or business entity) subject to the rate or charge questions the classification or application of any fiscal year's rate or charge to his, her or its property, that property owner may utilize the appeals procedures set out here. (a) The property owner shall file a written statement with the General Manager of the Community Services District, stating in detail the reason that the property owner seeks a review of the classification of his property for that fiscal year. The statement shall be accompanied by the parcel number, proof of ownership, proof of payment of property taxes including the rate and charge amount and any other information the property owner believes to be relevant. The written statement must be submitted within 30 calendar days from the date of payment of property taxes and rates and charges. (b) The General Manager shall review the written appeal. He may request from property owner, in writing, any additional information needed to make a decision, and shall make a determination whether or not to grant such appeal within 30 days of receipt of the completed statement, including all necessary information, the General Manager sff/OUT13494 -1- shall give the property owner written notice of his determination of the appeal. (c) In the event the property owner disagrees with the General Manager's determination, the property owner shall have 10 days to appeal that determination to the Community Services District Board. The property owner shall file a written request for reconsideration with the Community Services District Secretary, containing the information set out in subsection (a) and the reasons for requesting reconsideration within the 10-day period. (d) Upon receipt of a timely appeal, the Secretary shall place the matter on the agenda for the next regularly scheduled Community Services District meeting. The Community Services District Board shall review the written statement and General Manager's determination and itself determine, on the materials before it, whether or not the appeal should be granted. The Community Services District decision shall be provided to the property owner in writing within 15 days of the Community Services District's determination. The decision of the Community Services District shall be final. (e) In granting such an appeal, the General Manager and Community Services District Board shall consider: (i) whether the property in whole or in part is used for the purpose intended for that classification,; (ii) sff/OUT13494 --2-- whether the classification adequately reflects the service received~ (iii) whether the rate or charge levied on vacant property exceeds the rate or charge if the property were developed to its highest and best use~ and (iv) whether unique or special circumstances of that property or land use regulations affecting it support a modification of the classification. In granting an appeal, the General Manager and Community Services District Board may reclassify the property, in whole or in part, may grant a refund (without interest) of all or a portion of the rate or charge paid for any fiscal year and will determine for what period of time the relief granted shall be in effect. 2. ADDeal for Hardship Where an individual property owner subject to payment of the rate or charge believes that payment of all or a portion of the rate or charge would create a hardship for that property owner during that fiscal year, the property owner may utilize the following procedures. A hardship appeal must be renewed annually unless otherwise specificially determined by the Community Services District Board. (a) No later than 60 days before a property tax payment is due in any fiscal year, the property owner shall sff/OUT13494 --3-- file a written statement with the General Manager of the Community Services District, stating in detail the reason the property owner needs such relief. The statement shall be accompanied by the parcel number, proof of ownership, and any relevant proof of hardship. (b) The General Manager shall act on such statement as set out in Section i (b) and his determination may be appealed as set out in Section i (c) and (d). (c) In granting a hardship appeal, the General Manger and Community Services District Board shall consider whether payment of the rate or charge during that fiscal year would impact on the property owner's ability to provide necessities of life..The General Manager and Community Services District Board shall determine to grant such hardship appeal on a case-by-case basis by providing for the deferral of any rate or charge to a subsequent fiscal year. sff/OUT13494 -4- APPEALS PROCESS TEMECULA COMMUNITY SERVICES DISTRICT 1. APpeal of Classification Where a property owner (including an individual, or business entity) subject to the rate or charge questions the classification or application of any fiscal year's rate or charge to his, her or its property, that property owner may utilize the appeals procedures set out here. (a) The property owner shall file a written statement with the General Manager of the Community Services District, stating in detail the reason that the property owner seeks a review of the classification of his property for that fiscal year. The statement shall be accompanied by the parcel number, proof of ownership, proof of payment of property taxes including the rate and charge amount and any other information the property owner believes to be relevant. The written statement must be submitted within 30 calendar days from the date of payment of property taxes and rates and charges. (b) The General Manager shall review the written appeal. He may request from property owner, in writing, any additional information needed to make a decision, and shall make a determination whether or not to grant such appeal within 30 days of receipt of the completed statement, including all necessary information, the General Manager sff/OUT13494 -1- shall give the property owner written notice of his determination of the appeal. (c) In the event the property owner disagrees with the General Manager's determination, the property owner shall have 10 days to appeal that determination to the Community Services District Board. The property owner shall file a written request for reconsideration with the Community Services District Secretary, containing the information set out in subsection (a) and the reasons for requesting reconsideration within the 10-day period. (d) Upon receipt of a timely appeal, the Secretary shall place the matter on the agenda for the next regularly scheduled Community Services District meeting. The Community Services District Board shall review the written statement and General Manager's determination and itself determine, on the materials before it, whether or not the appeal should be granted. The Community Services District decision shall be provided to the property owner in writing within 15 days of the Community Services District's determination. The decision of the Community Services District shall be final. (e) In granting such an appeal, the General Manager and Community Services District Board shall consider: (i) whether the property in whole or in part is used for the purpose intended for that classification,; (ii) sff/OUT13494 -2- whether the classification adequately reflects the service received~ (iii) whether the rate or charge levied on vacant property exceeds the rate or charge if the property were developed to its highest and best use~ and (iv) whether unique or special circumstances of that property or land use regulations affecting it support a modification of the classification. In granting an appeal, the General Manager and Community Services District Board may reclassify the property, in whole or in part, may grant a refund (without interest) of all or a portion of the rate or charge paid for any fiscal year and will determine for what period of time the relief granted shall be in effect. 2. Appeal for Hardship Where an individual property owner subject to payment of the rate or charge believes that payment of all or a portion of the rate or charge would create a hardship for that property owner during that fiscal year, the property owner may utilize the following procedures. A hardship appeal must be renewed annually unless otherwise specificially determined by the Community Services District Board. (a) No later than 60 days before a property tax payment is due in any fiscal year, the property owner shall sff/OUT13494 -3- file a written statement with the General Manager of the Community Services District, stating in detail the reason the property owner needs such relief. The statement shall be accompanied by the parcel number, proof of ownership, and any relevant proof of hardship. (b) The General Manager shall act on such statement as set out in Section i (b) and his determination may be appealed as set out in Section I (c) and (d). (c) In granting a hardship appeal, the General Manger and Community Services District Board shall consider whether payment of the rate or charge during that fiscal year would impact on the property owner's ability to provide necessities of life. The General Manager and Community Services District Board shall determine to grant such hardship appeal on a case-by-case basis by providing for the deferral of any rate or charge to a subsequent fiscal year. sff/OUT13494 -4-